Case: Legal Aid Soc'y v. Legal Servs. Corp

1:97-cv-00032 | U.S. District Court for the District of Hawaii

Filed Date: Jan. 9, 1997

Closed Date: 2000

Clearinghouse coding complete

Case Summary

On January 9, 1997, a group of legal aid organizations and two legal services lawyers filed suit in the U.S. District Court for the District of Hawaii, alleging that government restrictions on the activities of organizations who accept federal funds distributed by the Legal Services Corporation were facially unconstitutional. Plaintiffs alleged that the restrictions, which included a prohibition of representing certain aliens, violated their rights secured by the First Amendment and the Due P…

On January 9, 1997, a group of legal aid organizations and two legal services lawyers filed suit in the U.S. District Court for the District of Hawaii, alleging that government restrictions on the activities of organizations who accept federal funds distributed by the Legal Services Corporation were facially unconstitutional. Plaintiffs alleged that the restrictions, which included a prohibition of representing certain aliens, violated their rights secured by the First Amendment and the Due Process and Equal Protection Clauses of the Fifth Amendment. Attorneys for the ACLU and private counsel, handled the case for plaintiffs.

Shortly after filing suit, plaintiffs moved for a preliminary injunction. On February 14, 1997, the District Court (Judge Kay) issued a preliminary injunction as to numerous restrictions of the Legal Services Corporation Act, 42 U.S.C. §§ 2996 et. seq. on First Amendment grounds. Legal Aid Society of Hawaii v. Legal Services Corporation, 961 F.Supp. 1402, 1402 (D. Hawaii 1997).

The Legal Services Corporation then issued revised regulations. The United States then intervened in the case to defend the constitutionality of the regulations. The parties then filed cross-motions for summary judgment.

On August 1, 1997, the District Court (Judge Kay) granted the defendants' motion and entered judgment in favor of the Legal Services Corporation and the United States, rejecting plaintiffs' arguments that the regulations violated the First Amendment, due process and equal protection. The previously issued preliminary injunction was dissolved. Legal Aid Society of Hawaii v. Legal Services Corporation, 981 F.Supp. 1288 (D. Hawaii 1997). Plaintiffs appealed.

The U.S. of Appeals for the Ninth Circuit (Associate Justice, Byron White,(Ret.) affirmed the District Court's judgment in part, agreeing that the restrictions at issue did not violate the plaintiffs' First Amendment rights. The Appellate Court, however, vacated the District Court's judgment that the restrictions did not violate the due process and equal protection rights of indigent persons, reasoning that plaintiffs lacked standing to raise those claims. The case was remanded, with instructions to dismiss those claims on standing grounds. Legal Aid Society v. Legal Servs. Corp., 145 F. 3d 1017(9th Cir. 1998) cert. denied, 525 U.S. 1015 (1998).

Summary Authors

Erica Woodruff (8/22/2007)

People


Judge(s)

Kay, Alan Cooke (Hawaii)

Noonan, John T. Jr. (California)

Thomas, Sidney Runyan (Montana)

White, Byron Raymond (District of Columbia)

Attorneys(s) for Plaintiff

Alston, Paul (Hawaii)

Anand, Rakesh K. (California)

Bomse, Stephen V. (California)

Cole, Adam M. (California)

Crosby, Margaret C. (California)

Dahlberg, Robin L. (New York)

Judge(s)

Kay, Alan Cooke (Hawaii)

Noonan, John T. Jr. (California)

Thomas, Sidney Runyan (Montana)

White, Byron Raymond (District of Columbia)

Attorneys(s) for Plaintiff

Alston, Paul (Hawaii)

Anand, Rakesh K. (California)

Bomse, Stephen V. (California)

Cole, Adam M. (California)

Crosby, Margaret C. (California)

Dahlberg, Robin L. (New York)

Freiberg, Charles N. (California)

Hudson, Hope L. (California)

Levin, Stanley E. (Hawaii)

Rosenfeld, Robert A. (California)

Shapiro, Steven R. (New York)

Tannen, Bradford L. (Hawaii)

Attorneys(s) for Defendant

Bent, Daniel A (Hawaii)

Kazakis, Georgia (District of Columbia)

King, Erika Fisher (District of Columbia)

Long, Robert A. Jr. (District of Columbia)

Williamson, Thomas S. Jr. (District of Columbia)

Young, Ernest A. (District of Columbia)

Other Attorney(s)

Alm, Steven S. (District of Columbia)

Chun, Michael (Hawaii)

Collette, Matthew M. (District of Columbia)

Herwig, Barbara L. (District of Columbia)

Hunger, Frank W. (District of Columbia)

Markowitz, Jeffrey S. (District of Columbia)

Popeo, Daniel J. (District of Columbia)

Preston, Stephen W. (District of Columbia)

Van de Car, Lloyd X. (Hawaii)

Documents in the Clearinghouse

Document

Appellate Docket (PACER)

Legal Aid Society v. Legal Services Corporation

U. S. Court of Appeals for the Ninth Circuit

Dec. 7, 1998 Docket

Docket (PACER)

Legal Aid Society v. Legal Services Corporation

July 20, 2000 Docket
38

Opinion

Legal Aid Society of Hawaii v. Legal Services Corporation

961 F.Supp. 1402

Feb. 14, 1997 Order/Opinion
46

Opinion

Legal Aid Society of Hawaii v. Legal Services Corporation

980 F.Supp. 1142

April 9, 1997 Order/Opinion
72

Opinion

Legal Aid Society of Hawaii v. Legal Services Corporation

981 F.Supp. 1288

Aug. 1, 1997 Order/Opinion

Opinion

Legal Aid Society v. Legal Services Corporation

U. S. Court of Appeals for the Ninth Circuit

145 F.3d 1018, 1998 U.S.App.LEXIS 9847

May 18, 1998 Order/Opinion

Opinion

Legal Aid Society of Hawaii v. Legal Services Corporation

Supreme Court of the United States

525 U.S. 1015, 119 S.Ct. 359

Nov. 30, 1998 Order/Opinion

Docket

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT (Summons(es) issued) (wnn) (Entered: 01/09/1997)

Jan. 9, 1997
2

ORDER by Judge Alan C. Kay rule 16 conference set for 8:30 4/14/97 before Mag Judge Barry M. Kurren (wnn) (Entered: 01/09/1997)

Jan. 9, 1997
3

DECLARATION of Adam M. Cole in support of motion for preliminary injunction; exhibits a-k and certificate of service - on behalf of pltfs (fe) (Entered: 01/14/1997)

Jan. 9, 1997
4

RETURN OF SERVICE executed upon defendant Legal Services Corporation thru US Attorney's Office, District of HI thru Teri L. Zamora on 1/9/97 (fe) (Entered: 01/14/1997)

Jan. 9, 1997
5

APPLICATION to appear pro hac vice ; declarations of Stephen Bomse, Charles N. Freiberg, Adam M. Cole, Hope L. Hudson, Rakesh K. Anand, Steven R. Shapiro, Robin L. Dahlberg, Margaret C. Crosby and Paul Alston; ORDER granting application and certificate of service - by Mag Judge Barry M. Kurren - [attys Stephen B. Bomse, Charles N. Freiberg, Adam M. Cole, Hope L. Hudson, Rakesh K. Anand, Steven R. Shapiro, Robin L. Dahlberg and Margaret C. Crosby all admitted phv] - on behalf of pltfs (fe) Modified on 01/14/1997 (Entered: 01/14/1997)

Jan. 10, 1997
6

EP : status conference - conference call held in chambers with Paul Alston, Bradford Tannen and Stanley Levin present and Vic Fortuno via telephone; discussion held regarding the scheduling of the preliminary injunction; motion for preliminary injunction will be heard on Friday, 2/14/97 at 9:00 a.m. ( Ct Rptr : SP) JUDGE Judge Alan C. Kay (fe) (Entered: 01/21/1997)

Jan. 14, 1997
7

EX PARTE APPLICATION for certification of action pursuant to 28 USC ss 2403(a) ; declaration of Bradford L. Tannen; CERTIFICATION of action - by Judge Alan C. Kay; certificate of service - [court certified to the US Atty Genl that the referenced action draws into question the constitutionality of an Act of Congress affecting public interest; the US is permitted to intervene for presentation of evidence and for argument on the question of constitutionality; the US shall have all rights of a party, etc.] - on behalf of pltfs (fe) (Entered: 01/25/1997)

Jan. 22, 1997
8

EX PARTE APPLICATION for order shortening time for hearing on pltfs' motion for preliminary injunction; declaration of Paul Alston; ORDER - DENIED by Judge Alan C. Kay ["pursuant to a status conf, the court has set a hearing on the motion...on 2/14/97"] and certificate of service - on behalf of pltfs (cc: all counsel) (fe) (Entered: 01/25/1997)

Jan. 22, 1997
9

NOTICE OF MOTION; motion for preliminary injunction ; memorandum of law in support of motion; declarations of M. Victor Geminiani, Roberta Ranstrom, Neal S. Dudovitz, Robert J. Cohen, Robert K. Hickerson, Lloyd Van de Car, Gary F. Smith, Lucinda Horne, Peter Adler, Brad Seligman, James E. Duffy, Jr., Judith C. Garlow, Barbara A. Fabrey, John H. Ishihara, Mililani B. Trask, Ah Quon McElrath, Bob Nakata, Nate White, Rachel Iskow, Robert Erlenbusch, Lynn H. Kersey and Carlos A. Reyes; certificate of service - set for 9:00 2/14/97 before Judge Alan C. Kay - on behalf of pltfs (fe) (Entered: 01/25/1997)

Jan. 22, 1997
10

RESPONSE of the United States to pltfs' ex parte application for certification of action pursuant to 28 USC ss 2403(a) [7-1] [7-2] (fe) (Entered: 01/31/1997)

Jan. 24, 1997
10

REQUEST of the United States for 30 additional days to decide whether to intervene in the action - referred to Judge Alan C. Kay (fe) (Entered: 01/31/1997)

Jan. 24, 1997
11

ORDER setting briefing schedule for plaintiffs' February 14, 1997 preliminary injunction hearing [9-1] - [deft has until 1/30/97 to file its opposition; pltfs have until 2/4/97 to reply to deft's opp; foregoing sched subject to court's consideration of response of US to pltfs' ex parte application for cert of action purs to 28 USC ss 2403(a); any opp to, or support of, US's request for a 30 day continuance filed by 1/28/97] - by Judge Alan C. Kay (cc: all counsel) (fe) (Entered: 01/31/1997)

Jan. 24, 1997
12

RESPONSE of the United States to pltfs' ex parte application for certification of action pursuant to 28 USC ss 2403(a) [7-1] [7-2] (fe) (Entered: 01/31/1997)

Jan. 27, 1997
13

REPLY to response of the United States to pltfs' ex parte application for certification of action pursuant to 28 USC ss 2403(a) [7-1] [7-2]; declaration of Barbara A. Fabrey; exhibit "a"; declaration of Bradford L. Tannen; exhibits "b"- "e"; certificate of service - on behalf of pltfs (fe) (Entered: 01/31/1997)

Jan. 28, 1997
15

APPLICATION to appear pro hac vice ; declarations of Paul Alston and Robert A. Rosenfeld; ORDER granting application - by Mag Judge Barry M. Kurren; and certificate of service - [atty Robert A. Rosenfeld adm phv] - on behalf of pltfs (fe) (Entered: 01/31/1997)

Jan. 28, 1997
16

ORDER denying United States' request for 30 additional days to decide whether to intervene in the action [10-1] [10-2] - by Judge David A. Ezra for Judge Alan C. Kay (cc: all counsel) (fe) (Entered: 01/31/1997)

Jan. 29, 1997
17

DECLARATION of Neal S. Dudovitz in support of reply to response of the United States to pltfs' ex parte application for certification of action pursuant to 28 USC ss 2403(a) [7-1] [7-2]; certificate of service - on behalf of pltfs (fe) (Entered: 01/31/1997)

Jan. 29, 1997
18

DECLARATION of Roberta Ranstrom in support of reply to response of the United States to pltfs' ex parte application for certification of action pursuant to 28 USC ss 2403(a) [7-1] [7-2]; certificate of service - on behalf of pltfs (fe) (Entered: 01/31/1997)

Jan. 29, 1997
19

[PROPOSED] Order granting preliminary injunction [9-1] - on behalf of pltfs (fe) (Entered: 01/31/1997)

Jan. 29, 1997
20

Deft's MOTION for leave to file answer; memorandum of law in opposition to plaintiffs' motion for preliminary injunction; appendix; supporting declarations; proposed order; and defendant's motion to file memorandum of law in excess of the thirty (30) page limit pending the obtaining of local counsel - referred to Judge Alan C. Kay (fe) (Entered: 01/31/1997)

Jan. 30, 1997
21

DECLARATIONS in support of deft's memorandum of law in opposition to pltfs' motion for preliminary injunction [9-1] - on behalf of deft (fe) (Entered: 01/31/1997)

Jan. 30, 1997
22

Deft's OPPOSITION to pltfs' motion for preliminary injunction [9-1] (fe) (Entered: 01/31/1997)

Jan. 30, 1997
23

PROPOSED Order denying pltfs' motion for declaratory judgment and preliminary injunction [9-1] - on behalf of deft (fe) (Entered: 01/31/1997)

Jan. 30, 1997
24

MOTION by defendant for leave to file memorandum of law in opposition to plaintiffs' motion for preliminary injunction, filed simultaneously herewith in excess of (30) page limit ; declaration of Thomas S. Williamson; (proposed) order (wnn) (Entered: 02/05/1997)

Jan. 31, 1997
25

ANSWER by defendant Legal Services Corpo to [1-1] (wnn) (Entered: 02/05/1997)

Jan. 31, 1997
26

SUPPLEMENT/APPENDIX by defendant Legal Services Corpo re memorandum in opposition to motion for preliminary injunction [22-1] (wnn) (Entered: 02/05/1997)

Jan. 31, 1997
27

ERRATA by defendant to memroandum in opposition to motion for preliminary injunction [22-1] (wnn) (Entered: 02/05/1997)

Feb. 4, 1997
28

REPLY by plaintiffs to response to motion for preliminary injunction [9-1]; declaration of M. Victor Geminiani; declaration of Bradford L. Tannen; exhibits "a"-"d": certificate of service (wnn) (Entered: 02/05/1997)

Feb. 4, 1997
29

CERTIFICATE of service (wnn) (Entered: 02/05/1997)

Feb. 4, 1997
30

DECLARATION of Neal S. Dudovitz by plaintiffs (wnn) (Entered: 02/12/1997)

Feb. 5, 1997
31

DECLARATION of Roberta Ranstrom by plaintiffs (wnn) (Entered: 02/12/1997)

Feb. 5, 1997
32

DECLARATION of David S. Udell by plaintiffs (wnn) (Entered: 02/12/1997)

Feb. 5, 1997
33

DECLARATION of Robert J. Cohen by plaintiffs (wnn) (Entered: 02/12/1997)

Feb. 6, 1997
34

CERTIFICATE of service (wnn) Modified on 02/12/1997 (Entered: 02/12/1997)

Feb. 11, 1997
35

SUPPLEMENT to APPENDIX filed by defendant Legal Services Corpo to opposition to plaintiffs' motion for preliminary injunction [22-1] (wnn) Modified on 02/12/1997 (Entered: 02/12/1997)

Feb. 11, 1997
36

APPLICATION by defendant Legal Services Corpo for attorney Thomas S. Williamson, Jr., Georgia Kazakis, Ernest A. Young and Erika F. King to appear pro hac vice ; declarations of Thomas S. Williamson, Jr., Georgia Kazakis, Ernest A. Young, Erika F. King and Daniel A. Bent; ORDER by Mag Judge Barry M. Kurren granting application (wnn) (Entered: 02/13/1997)

Feb. 13, 1997
37

EP :arguments heard; granting in part and denied in part motion for preliminary injunction [9-1]; court to file written order ( Ct Rptr : Lisa Groulx-Thompson) JUDGE Judge Alan C. Kay (wnn) (Entered: 02/19/1997)

Feb. 14, 1997
38

ORDER by Judge Alan C. Kay granting in part and denying in part plaintiff's motion for a preliminary injunction [9-1] (cc: all counsel) (wnn) (Entered: 02/19/1997)

Feb. 14, 1997
38

FINDINGS of fact and conclusions of law granting in part plaintiff's motion for a preliminary injunction by Judge Alan C. Kay (cc: all counsel) (wnn) (Entered: 02/19/1997)

Feb. 14, 1997
39

AMENDED ANSWER [25-1] by defendant Legal Services Corpo; certificate of service (wnn) (Entered: 02/19/1997)

Feb. 18, 1997
40

NOTICE OF MOTION and motion by plaintiff Legal Aid Society Hi, plaintiff Legal Services N Ca, plaintiff San Fernando Valley, plaintiff Legal Aid Orange Cou, plaintiff Alaska Legal Service, plaintiff California State Cli, plaintiff Hawaii Justice Found, plaintiff Impact Fund, The, plaintiff Lloyd Van De Car, plaintiff Gary F. Smith for reconsideration of order granting in part and denyin in part plaintiffs' motion for a preliminary injunction filed on February 14, 1997 ; memorandum in support of motion; certificate of service - referred to Judge Alan C. Kay (fe) (Entered: 03/06/1997)

March 3, 1997
41

Defendant Legal Services Corp's OPPOSITION to pltfs' motion for reconsideration of order granting in part and denying in part plaintiffs' motion for a preliminary injunction filed on February 14, 1997 [40-1]; appendix a; certificate of service (fe) (Entered: 03/18/1997)

March 14, 1997
42

REPLY by plaintiffs to response to motion for reconsideration of order granting in part and denyin in part plaintiffs' motion for a preliminary injunction filed on February 14, 1997 [40-1]; and certificate of service (wnn) (Entered: 04/02/1997)

March 25, 1997
43

SCHEDULING CONFERENCE STATEMENT by defendant; certificate of service (tbf) (Entered: 04/08/1997)

April 7, 1997
44

SCHEDULING CONFERENCE STATEMENT by plaintiffs; certificate of service (tbf) (Entered: 04/08/1997)

April 7, 1997
45

REPORT OF PARTIES PLANNING MEETING by plaintiff; certificate of service (tbf) (Entered: 04/08/1997)

April 7, 1997
46

ORDER TO SHOW CAUSE whether 62 red. reg. 12101 moots the reconsideration motion: pltf to file brief by 4/22/97; deft has till 4/29/97 to file opposition; pltfs may file reply by 5/3/97 - by Judge Alan C. Kay (cc: all counsel) (tbf) (Entered: 04/14/1997)

April 9, 1997
47

NOTICE OF MOTION and motion by USA to intervene ; memorandum in support; certificate of service - set for 8:30 4/14/97 before Judge Alan C. Kay (tbf) (Entered: 04/14/1997)

April 11, 1997
48

SCHEDULING CONFERENCE STATEMENT by defendant Legal Services Corpo; certificate of service (tbf) (Entered: 04/14/1997)

April 11, 1997
49

Supplemental REPORT OF PARTIES PLANNING MEETING by defendant Legal Services Corpo; certificate of service (tbf) (Entered: 04/14/1997)

April 11, 1997
50

EP : ; rule 16 conference held on 8:30 4/14/97 before Mag Judge Barry M. Kurren ; [47-1] motion to intervene held - parties present indicated there were no opposition to the motion; Michael Chun to prepare a stipulation to intervene; parties to submit cross motions for summary judgment on 5/30/97 and set for hearing on 7/28/97 @ 9:00 a.m. ACK; rule 16 conference set for 9:00 9/2/97 before Mag Judge Barry M. Kurren , status conference on remaining issues set for 9:00 9/2/97 before Mag Judge Barry M. Kurren ; parties authorized to exceed page limit on their briefs for summary judgment; Syvlvester to prepare order; Dottie Miwa notified parties by phone of the 7/28/97 and 9/2/97 hearing dates ( Ct Rptr : No Record) JUDGE Mag Judge Barry M. Kurren (tbf) (Entered: 04/16/1997)

April 14, 1997
51

WITHDRAWAL by plaintiff of motion for reconsideration of order granting in part and denying in part plaintiffs' motion for a preliminary injunction filed on February 14, 1997 [40-1], filed 3/3/97; certificate of service (tbf) (Entered: 04/18/1997)

April 17, 1997
52

STIPULATION permitting US to intervene; ORDER - by Mag Judge Barry M. Kurren : [47-1] - on behalf of USA (tbf) (Entered: 04/23/1997)

April 22, 1997
53

EP : status conference held 5/1/97 before Mag Judge Barry M. Kurren - briefing schedule as to cross motions for summary judgment; LSC and USA's opening briefs due 5/23/97, limited to 50 pages; pltf's opposition and opening brief due 6/20/97, limited to 50 pages; LSC and USA's reply and opposing brief due 6/3/97, limited to 25 pages; pltf's reply brief due 7/17/97, limited to 25 pages; concise statement for all parties limited to 25 pages; Tannen to prepare stipulation ( Ct Rptr : No Record) JUDGE Mag Judge Barry M. Kurren (tbf) (Entered: 05/05/1997)

May 1, 1997
54

STIPULATION and ORDER re briefing schedule and page limitations for the parties' cross-motions for summary judgment set for hearing on 7/28/97 - LSC's and the US' opening brief 5/23/97; pltfs' opposition and opening brief 6/20/97; LSC and US' reply and opposition brief 7/3/97; pltfs' reply brief 7/17/97; parties may file separate concise statements - by Mag Judge Barry M. Kurren : on behalf of pltfs (tbf) (Entered: 05/21/1997)

May 19, 1997
55

CERTIFICATE of service (tbf) (Entered: 05/27/1997)

May 22, 1997
56

NOTICE OF MOTION and motion by intervenor United States of Ame for summary judgment ; memorandum in support; statement of material facts as to which there is no genuine issue; proposed order; certificate of service - set for 10:30 7/28/97 before Judge Alan C. Kay (tbf) (Entered: 05/27/1997)

May 23, 1997
57

STATEMENT of material facts by intervenor United States of Ame as to which there is no genuine issue - re motion for summary judgment [56-1] (tbf) (Entered: 05/27/1997)

May 23, 1997
58

NOTICE OF MOTION and motion by defendant Legal Services Corpo for summary judgment/motion for reconsideration of preliminary injunction ; memorandum of law in support; appendix to deft's memorandum in support; declaration of Daniel A. Bent; proposed order; certificate of service - set for 10:30 7/28/97 before Judge Alan C. Kay (tbf) (Entered: 05/27/1997)

May 23, 1997
59

Separate and Concise STATEMENT of facts by defendant Legal Services Corpo in support of deft's motion for summary judgment/motion for reconsideration of preliminary injunction [58-1] (tbf) (Entered: 05/27/1997)

May 23, 1997
60

NOTICE of substitution by intervenor United States of Ame of corrected US' memorandum in support of its motion for summary judgment; memorandum in support of its motion for summary judgment; certificate of service re [56-1] (tbf) (Entered: 06/03/1997)

May 30, 1997
61

NOTICE OF MOTION and motion by plaintiff for summary judgment and opposition to deft Legal Services Corporation's motion for summary judgment States' motion for summary judgment ; memorandum in support of motion; declarations of M. Victor Geminiani, Roberta Ranstrom, Neal S. Dudovitz, Robert J. Cohen, and Robert K. Hickerson; (proposed) order and certificate of service - set for 10:30 7/28/97 before Judge Alan C. Kay (tbf) (Entered: 06/23/1997)

June 20, 1997
62

Separate Concise STATEMENT of facts by plaintiff in support of pltfs' motion for summary judgment; exhibits "1:-"16"; certificate of service [61-1] (tbf) (Entered: 06/23/1997)

June 20, 1997
63

Separate Concise STATEMENT of facts by plaintiff in response to deft Legal Services Corporation's separate and concise statement of facts in support of deft's motion for summary judgment [58-1] filed 5/23/97; exhibits "1"-"9"; certificate of service (tbf) (Entered: 06/23/1997)

June 20, 1997
64

Separate Concise STATEMENT of facts by plaintiff in response to the United States' statement of material facts as to which there is no genuine issue, filed 5/23/97; exhibits "1"-"5"; certificate of service [56-1] (tbf) (Entered: 06/23/1997)

June 20, 1997
65

REPLY by defendant Legal Services Corpo to response to motion for summary judgment/motion for reconsideration of preliminary injunction [58-1], motion for summary judgment and opposition to deft Legal Services Corporation's motion for summary judgment and reconsideration of preliminary injunction and to intervenor-deft United States' motion for summary judgment [61-1]; certificate of service (wnn) (Entered: 07/07/1997)

July 3, 1997
66

REPLY by defendant Legal Services Corpo to plaintiff's separate concise statement in response to defendant Legal Services Corporation's separate and concise statement of facts in support of defendant's motion for summary judgment [56-1]; exhibit "1"; declaration of Daniel A. Bent; certificate of service (wnn) (Entered: 07/07/1997)

July 3, 1997
67

RESPONSE by defendant Legal Services Corpo to plaintiffs' separate and concise statement of facts in support of plaintiffs' motion for summary judgment filed 6/20/97 [61-1]; declaration of Daniel A. Bent; certificate of service (wnn) (Entered: 07/07/1997)

July 3, 1997
68

RESPONSE by intervenor United States of Ame to plaintiffs' concise statement of facts in support of plaintiffs' motion for summary judgment [61-1]; certificate of service (wnn) (Entered: 07/07/1997)

July 3, 1997
69

MEMORANDUM by intervenor United States of Ame in opposition to motion for summary judgment and opposition to deft Legal Services Corporation's motion for summary judgment and reconsideration of preliminary injunction and to intervenor-deft United States' motion for summary judgment [61-1], to motion for summary judgment/motion for reconsideration of preliminary injunction [58-1] (wnn) (Entered: 07/07/1997)

July 3, 1997
70

REPLY by plaintiffs to response to motion for summary judgment and opposition to deft Legal Services Corporation's motion for summary judgment and reconsideration of preliminary injunction and to intervenor-deft United States' motion for summary judgment [61-1], motion for summary judgment/motion for reconsideration of preliminary injunction [58-1]; declaration of Bradford L. Tannen; exhibit "1"; declaration of Mervina K.M. Cash-Kaeo; declaration of Crystal C. Sims; certificate of service (wnn) (Entered: 07/18/1997)

July 17, 1997
71

EP :1) defendant intervenor USA's motion for summary judgment; 2) defendant Legal Services Corporation's motion for summary judgment and motion for reconsideration of preliminary injunction; 3) plaintiff's motion for summary judgment and reconsideration of preliminary injunction and U.S. motion for summary judgment; arguments heard; granting USA's motion for summary judgment [56-1], granting Legal Services Corporation's motion for summary judgment/motion for reconsideration of preliminary injunction [58-1], denying plaintiffs' motion for summary judgment and opposition to deft Legal Services motion for summary judgment and reconsideration of preliminary injunction and to intervenor-deft United motion for summary judgment [61-1]; court dissolved the earlier injunction as moot because it is based on superseded regulations that no longer affect the parties; court to prepare order ( Ct Rptr : DC) JUDGE Judge Alan C. Kay (wnn) (Entered: 07/29/1997)

July 21, 1997
72

ORDER granting the LSC's and DOJ's motion for summary judgment [58-1] [56-1] and denying plaintiffs' motion for summary judgment [61-1] - [court finds that pltfs have not created a material issue of fact concerning the constitutional vialbiity of the regulations; accordingly, court GRANTS the LSC and DOJ's m/sj; court finds that alternative channels exist for LSC-funded organizations to pursue their constitutionally protected activities; thus, even construing the facts most favorably to the pltfs, the regulations do not constitute an unconstitutional condition and thus are not violative of pltfs' First Amendment rights; because pltfs fail to establish that the regulations violate either their First Amendment, Due Process or Equal Protection rights, the court DENIES their m/sj; for the same reasons, the court also DISSOLVES its earlier injunction, which additionally is moot because it was based on superseded regulations that no longer affect the parties] - by Judge Alan C. Kay (cc: all counsel) (sealed) (Entered: 08/05/1997)

Aug. 1, 1997
73

JUDGMENT in a civil case - [sj entered in favor of deft Legal Svcs Corp [58-1] and intv Dept of Justice [56-1] and against pltfs; further ordered that the prel inj granted in part on 2/14/97 [38-1] is dissolved as moot; further ordered that pltfs' m/sj [61-1] is denied] - by WALTER A.Y.H. CHINN/MARCIA MULLINS : terminating case (cc: all counsel) (fe) (Entered: 08/07/1997)

Aug. 7, 1997
74

NOTICE OF APPEAL by plaintiff from Dist. Court decision, [72-1] [73-1](cc: all counsel) (fe) (Entered: 08/19/1997)

Aug. 18, 1997

NOTICE OF APPEAL and copy of docket sheet sent to 9th CCA [74-1] (cc: all counsel) (fe) (Entered: 08/19/1997)

Aug. 19, 1997
75

TRANSCRIPT DESIGNATION and Ordering Form for dates: 2/14/97 Lisa Groulx-Thompson, 7/28/97 DC re [74-1] (tbf) (Entered: 09/02/1997)

Aug. 27, 1997

TRANSCRIPT filed - Original - ( Ct Rptr Debra Chun) taken on 7/28/97 (wnn) (Entered: 09/03/1997)

Aug. 28, 1997

TRANSCRIPT of proceedings for the following date(s): 2/14/97(LG-T) (Re: [74-1] ) (fe) (Entered: 09/03/1997)

Aug. 29, 1997
76

CERTIFICATE of Record Transmitted to 9th CCA (fe) (Entered: 09/03/1997)

Sept. 3, 1997

RECORD on Appeal sent to Circuit Court re [74-1] (tbf) (Entered: 12/19/1997)

Dec. 19, 1997
77

JUDGMENT-9TH CCA: affirmed as to the District Court's judgment the the LSC restrictions do not violate appellants' first amendment rights; vacating the District Court's judgment that the LSC restrictions do not violate the due process and equal protection rights of indigent persons; and remanding the matter back to District Court with instructions to dismiss the complaint insofar as it asserts the rights of indigent persons because appellants have no standing to raise these issues [Appeal [74-1] (cc: all counsel, Judge Kay, ctrm deputy) (wnn) (Entered: 06/12/1998)

June 11, 1998
78

ORDER by Judge Alan C. Kay re [77-1] (cc: all counsel) ["The Court's judgment that the LSC restrictions do not violate the due process and equal protection rights of indigent persons was previously vacated because the appellate court found that Plaintiffs lack standing to raise these issus. See Legal Aid Society v. Legal Servs. Corp., 145 F. 3d 1017, 1031 (9th Cir. 1998). At this time, pursuant to the Order of the Ninth Circuit Court of Appeals, the complaint is dismissed insofar as it asserts due process and equal protection claims for indigent persons.] (fe) Modified on 05/02/2002 (Entered: 07/24/2000)

July 20, 2000

State / Territory: Hawaii

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Jan. 9, 1997

Closing Date: 2000

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A group of legal aid organizations, which received funds from the Legal Services Corporation (“LSC”) and two legal services lawyers.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Legal Services Corporation, Private Entity/Person

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief granted

Issues

Immigration/Border:

Constitutional rights

Immigration lawyers