Case details

Court: hid
Docket #: 1:11-cv-00528
Case Name: Baker v. Kealoha et al
PACER case #: 98653
Date filed: 2011-08-30
Date terminated: 2015-05-19
Date of last filing: 2014-05-01
Assigned to: JUDGE ALAN C KAY
Referred to: JUDGE KEVIN S.C. CHANG
Case Cause: 42:1983 Civil Rights Act
Nature of Suit: 440 Civil Rights: Other
Jury Demand: None
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Christopher Baker
Plaintiff
Alan A. Beck
4780 Governor Drive San Diego, CA 92122 (808) 295-6733 Email: ngord2000@yahoo.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kevin Gerard O'Grady
The Law Office of Kevin O'Grady, LLC 1136 Union Mall, Ste 808 Honolulu, HI 96813 521-3367 Fax: 521-3369 Email: Kevin@CriminalAndMilitaryDefenseHawaii.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Richard L. Holcomb
Holcomb Law, LLLC 1136 Union Mall, Ste. 808 Honolulu, HI 96813 545-4040 Email: rholcomblaw@live.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Louis Kealoha
Defendant
as an individual and in his official capacity as Honolulu Chief of Police
Curtis E. Sherwood
Office of Corporation Counsel-Honolulu 530 S King St Ste 110 Honolulu, HI 96813 768-5134 Fax: 768-5105 Email: csherwood@honolulu.gov
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Hawaii, State of
Defendant
Kendall J. Moser
Office of the Attorney General-State of Hawaii Kekuanao'a Building 425 Queen St Honolulu, HI 96813 586-1494 Email: Kendall.J.Moser@hawaii.gov
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Honolulu, City and County of
Defendant
Curtis E. Sherwood
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Honolulu Police Department
Defendant
Curtis E. Sherwood
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Neil Abercrombie
Defendant
in his official capacity as Hawaii Governor
Kendall J. Moser
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Brady Center For Gun Violence
Amicus
Mark M. Murakami
Damon Key Leong Kupchak Hastert 1003 Bishop Street, Suite 1600 Honolulu, HI 96813 531-8031 Fax: 533-2242 Email: usdc@hawaiilawyer.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Brady Center To Prevent Gun Violence
Amicus
Joshua L. Diesenhaus
Hogan Lovells LLP 555 13th St NW Washington, DC 20004 (202) 637-5416 Fax: (202) 637-5910
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Mark M. Murakami
Damon Key Leong Kupchak Hastert 1003 Bishop Street, Suite 1600x Honolulu, HI 96813 531-8031 Fax: 533-2242 Email: mmm@hawaiilawyer.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2011-08-30 1 0 Complaint COMPLAINT For Deprivation Of Civil Rights, Declaratory and for Injunctive Relief, and Preliminary Injunction, filed by Christopher Baker. (Attachments: # 1 Civil Cover Sheet)(eps) (Entered: 08/31/2011) 2011-09-01 19:30:44 aa8e249110a09d44d2b7284c0ebbfece8ba2a47e
1 1 Civil Cover Sheet 2011-09-01 19:30:21 502e888040a734e26a8ac516acb3e0a66b17ac76
2011-08-30 2 0 Summons Issued Summons Issued as to Louis Kealoha. (Attachments: # 1 Summons (issued) as to State of Hawaii, # 2 Summons (issued)as to C&C; Honolulu, # 3 Summons (issued) as to Honolulu Police Department, # 4 Summons (issued)as to Neil Abercrombie)(eps) (Entered: 08/31/2011) 2012-05-29 16:43:23 6211c574de57d19cac228e4f32256194fecf30fc
2 1 Summons (issued) 2015-08-16 02:16:26 5834c7d57e1668d67369b535af6a51feac9cd188
2 2 Summons (issued) 2015-08-16 02:16:29 6e556caa51444566372524f066ceea44a842bf64
2 3 Summons (issued) 2015-08-16 02:16:28 3adaa456cc01ac77fa134d34af3286e1d9a2ecdf
2 4 Summons (issued) 2015-08-16 02:16:30 e76d519409158124883f76f718442b642d7e941f
2011-08-30 3 0 Filing Fee Received Filing fee: $ 350.00,receipt number HI000889 re 1 (eps) (Entered: 08/31/2011) 2011-09-01 09:24:21 59dacc1d414f454f605848496015daee2c768f26
2011-08-30 4 0 Set Rule 16 Scheduling Conference Order Setting Rule 16 Scheduling Conference for 09:00AM on 11/28/2011 before JUDGE KEVIN S.C. CHANG.. by JUDGE SUSAN OKI MOLLWAY on 08/30/11. (Attachments: # 1 Memorandum re: Corporate Disclosure Statements)(eps) (Entered: 08/31/2011)
4 1 Memorandum re: Corporate Disclosure Statements 2015-08-16 02:16:32 20bf7e5033b63b18264df848c7c868557684f884
2011-08-30 5 0 Motion for Preliminary Injunction MOTION for Preliminary Injunction Kevin Gerard O'Grady, Richard L. Holcomb, Alan A. Beck appearing for Plaintiff Christopher Baker (Attachments: # 1 Memorandum In Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 2 (Part 2), # 5 Declaration of Christopher Baker, # 6 Declaration Richard L Holcomb, # 7 Notice of Hearing, # 8 Certificate of Service)(eps) (Entered: 08/31/2011) 2011-09-01 19:30:54 e4842bbb6fe827b479771d09bb5b2cfd360b182c
5 1 Memorandum 2012-10-15 18:51:49 283e07977f8cef1855c7c17e0b4113cb036dc9b4
5 2 Exhibit 1 2011-09-01 19:32:42 a521b7c6403abbba15999893336a886199f10dfb
5 3 Exhibit 2 2011-09-01 19:35:45 ad9abf7bdca12af21db6cdd50ddf250a215b0b6c
5 4 Exhibit 2 (Part 2) 2011-09-01 19:39:44 1ccbbc07fa09f6660e6779f51ddcc1f169e2a8fa
5 5 Declaration 2011-09-01 04:15:33 c7a05a199c6690cd66dd59528c6a2645c141be42
5 6 Declaration 2011-09-01 19:40:04 66cb0164f0a85f6ec912c92c13224ae958fcb004
5 7 Notice 2011-09-01 19:40:36 e1f9161a38e9b92336375bfcb54eb7dcb4637358
5 8 Certificate of Service 2011-09-01 19:42:17 99393721c56a2dd4fd1b4ffcecdca35de7b6767b
2011-08-31 7 0 Summons Returned Executed SUMMONS RETURNED EXECUTED by Christopher Baker. Honolulu, City and County of served on 8/31/2011, answer due 9/21/2011. (bbb, ) (Entered: 09/01/2011) 2011-09-07 06:04:49 88f64707810f84887839b671ef8aea63513c7645
2011-08-31 8 0 Summons Returned Executed SUMMONS RETURNED EXECUTED by Christopher Baker. Louis Kealoha served on 8/31/2011, answer due 9/21/2011. (bbb, ) (Entered: 09/01/2011) 2011-09-07 06:05:11 2c1d90018fa8d92b646ea514944737bdf75565ee
2011-08-31 9 0 Summons Returned Executed SUMMONS RETURNED EXECUTED by Christopher Baker. Neil Abercrombie served on 8/31/2011, answer due 9/21/2011. (bbb, ) (Entered: 09/01/2011) 2011-09-07 06:06:20 1f746ddbfdb90ae2d13933212e851da1a2dc35c1
2011-08-31 10 0 Summons Returned Executed SUMMONS RETURNED EXECUTED by Christopher Baker. Honolulu Police Department served on 8/31/2011, answer due 9/21/2011. (bbb, ) (Entered: 09/01/2011) 2011-09-07 06:05:35 222b9bddb0508ca4fe072a3a2a4e48c8e319cb4f
2011-08-31 11 0 Summons Returned Executed SUMMONS RETURNED EXECUTED by Christopher Baker. Hawaii, State of served on 8/31/2011, answer due 9/21/2011. (bbb, ) (Entered: 09/01/2011) 2011-09-07 06:05:46 521e18fc1801d640aa563c062c39ee1dd481f19f
2011-08-30 12 0 Notice of Case Reassignment NOTICE of Case Reassignment: Please reflect new Civil Case Number CIV 11-00528 ACK-KSC on all further documents and pleadings . Please disregard the Notice of Assignment to Magistrate Judge. This Civil Case has been reassigned to JUDGE ALAN C KAY.. (eps) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on 09/02/2011. (Entered: 09/02/2011)
2011-09-09 13 0 Notice of Hearing on Motion NOTICE of Hearing on Motion 5 Plaintiff's MOTION for Preliminary Injunction set for Court Hearing on 1/17/2012 at 10:00 AM before JUDGE ALAN C KAY. (lls, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. (Entered: 09/09/2011)
2011-09-21 14 0 Answer to Complaint DEFENDANTS STATE OF HAWAII AND NEIL ABERCROMBIE'S, in his official capacity as Hawaii Governor ANSWER to 1 Complaint FOR DEPRIVATION OF CIVIL RIGHTS, DECLARATORY AND FOR INJUNCTIVE RELIEF, AND PRELIMINARY INJUNCTION by Neil Abercrombie, Hawaii, State of. (Attachments: # 1 Certificate Of Service)(Moser, Kendall) (Entered: 09/21/2011) 2011-09-21 18:48:47 83efdc8d6fce36bc0801e66c7c964469aaa30680
14 1 Certificate Of Service
2011-09-21 15 0 Motion to Dismiss MOTION to Dismiss Complaint Curtis E. Sherwood appearing for Defendants Honolulu Police Department, Honolulu, City and County of, Louis Kealoha (Attachments: # 1 Memorandum of Law in Support of Motion, # 2 Declaration of Counsel, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E)(Sherwood, Curtis) (Entered: 09/21/2011) 2011-09-22 10:10:25 0be57735c9a6b6b30c7f58c772a66d9da88398e6
15 1 Memorandum of Law in Support of Motion 2011-09-22 10:13:17 14c9753e3cc7e73e4e50aac8536a96cdd36a64c4
15 2 Declaration of Counsel 2011-09-22 10:16:19 56e36e0ae4af59cb75b5d99405306baf3ebcd85b
15 3 Exhibit A 2011-09-22 10:16:43 7366e99d87114958b00528db4cb26bfbdf53ecdd
15 4 Exhibit B 2011-09-22 10:17:15 7ae09fc9a2bcf4ce43e335f312675956c6945fbc
15 5 Exhibit C 2011-09-22 10:18:04 eac87b6350e3f511637d24da0b7e98fa2942c3e4
15 6 Exhibit D 2011-09-22 10:18:31 05c967191ea5a3ff1a455d6d84c663050a5198a3
15 7 Exhibit E 2011-09-22 10:21:21 04ef171a5aed4b32e6eb08984526b137a9c198d0
2011-09-22 16 0 Certificate of Service CERTIFICATE OF SERVICE by Honolulu Police Department, Honolulu, City and County of, Louis Kealoha re 15 MOTION to Dismiss Complaint (Sherwood, Curtis) (Entered: 09/22/2011) 2015-08-16 02:16:33 5d7ca9e9f88e023795713967afdad45179a63673
2011-09-23 17 0 Notice of Hearing on Motion NOTICE of Hearing on Motion 15 Defendants Honolulu Police Department, City and County of Honolulu and Louis Kealoha's MOTION to Dismiss Complaint set for Court Hearing on 1/17/2012 at 10:00 AM before JUDGE ALAN C KAY. (lls, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. (Entered: 09/23/2011)
2011-09-28 18 0 Motion for Judgment on the Pleadings MOTION for Judgment on the Pleadings Kendall J. Moser appearing for Defendants Neil Abercrombie, Hawaii, State of (Attachments: # 1 Memorandum In Support Of Motion, # 2 Certificate Of Service)(Moser, Kendall) (Entered: 09/28/2011) 2012-04-25 07:58:56 618142f980447c5cf33743aed7a951a4feec9ce0
18 1 Memorandum In Support Of Motion 2011-09-30 17:03:40 1796ec87d8fd57e88c169658632ea52e79a6d96e
18 2 Certificate Of Service
2011-09-30 19 0 Notice of Hearing on Motion NOTICE of Hearing on Motion 18 Defendants Neil Abercrombie and the State of Hawaii's MOTION for Judgment on the Pleadings set for Court Hearing on 1/17/2012 at 10:00 AM before JUDGE ALAN C KAY. (lls, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. (Entered: 09/30/2011)
2011-10-12 20 0 Link EO: re 4 Rule 16 Scheduling Conference set 11/28/11 at 9:00am before Judge Chang. Alan Beck to participate by phone and notify all parties. (JUDGE KEVIN S.C. CHANG)(sna, ) No COS issued for this docket entry (Entered: 10/12/2011)
2011-11-18 21 0 Scheduling Conference Statement Scheduling Conference Statement from (DEFENDANTS STATE OF HAWAII AND NEIL ABERCROMBIE, in his official capacity as Hawaii Governor) . (Attachments: # 1 Certificate Of Service)(Moser, Kendall) (Entered: 11/18/2011) 2011-11-28 09:07:35 fe9c0b3aa2c0fe7798d78b5852403d1d22938e99
21 1 Certificate Of Service
2011-11-18 22 0 Initial Disclosure INITIAL DISCLOSURE by Neil Abercrombie, Hawaii, State of. (Attachments: # 1 Certificate Of Service)(Moser, Kendall) (Entered: 11/18/2011) 2011-11-28 09:08:38 700ba669239973e376e33fb65e48e7815829dd48
22 1 Certificate Of Service
2011-11-18 23 0 Certificate of Service CERTIFICATE OF SERVICE by Neil Abercrombie, Hawaii, State of RESPONSE TO PLAINTIFF CHRISTOPHER BAKER'S FIRST INTERROGATORIES (Moser, Kendall) (Entered: 11/18/2011) 2011-11-28 09:09:27 01b94726a5ddb5aac7c11b5e8eec18ac84f2d220
2011-11-18 24 0 Certificate of Service CERTIFICATE OF SERVICE by Neil Abercrombie, Hawaii, State of RESPONSE TO PLAINTIFF CHRISTOPHER BAKER'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS (Moser, Kendall) (Entered: 11/18/2011) 2015-08-16 02:16:34 dd9b99ff075bb24ba4062080e77ab7f743d616c1
2011-11-18 25 0 Certificate of Service CERTIFICATE OF SERVICE by Neil Abercrombie, Hawaii, State of rESPONSE TO PLAINTIFF CHRISTOPHER BAKER'S FIRST REQUEST FOR ADMISSIONS (Moser, Kendall) (Entered: 11/18/2011) 2015-08-16 02:16:35 2ac7e33c3fcd5ab3f2aed241fcf8092c5737eeef
2011-11-22 26 0 Pretrial Conference Statement Pretrial Conference Statement by Christopher Baker. (Attachments: # 1 Certificate of service)(O'Grady, Kevin) (Entered: 11/22/2011) 2012-03-01 01:25:56 bfb4c054dc2091316890023754ae06e4fcb255ad
26 1 Certificate of service
2011-11-22 27 0 Report of Planning Meeting REPORT of Planning Meeting Discovery Plan FRCP R 26f3 . (O'Grady, Kevin) (Entered: 11/22/2011) 2011-11-28 09:11:41 bc0af0fca2a08339df3879169f6aa97a9a3deba2
2011-11-22 28 0 Initial Disclosure INITIAL DISCLOSURE by Christopher Baker. (O'Grady, Kevin) (Entered: 11/22/2011) 2011-11-28 09:19:05 0261d7f365d0eaf3f6546966ef15bce54ba53889
2011-11-28 29 0 Rule 16 Scheduling Conference EP: Rule 16 Scheduling Conference held on 11/28/2011. Rule 16 Scheduling Conference Order to be issued. Bench Trial set for 11/27/2012 09:00 AM before JUDGE ALAN C KAY. Final Pretrial Conference set for 10/16/2012 09:00 AM before JUDGE KEVIN S.C. CHANG. Settlement Conference set for 8/23/2012 11:00 AM before JUDGE KEVIN S.C. CHANG. Motions due by 6/27/2012. Discovery due by 9/28/2012. (C5 - no record, 9:00-9:10am.) (JUDGE KEVIN S.C. CHANG)(sna, ) No COS issued for this docket entry (Entered: 11/28/2011) 2011-11-29 15:46:04 21eb4e5eebebe79d19d4b166d05245e9af4fa1bc
2011-11-28 30 0 Scheduling Order RULE 16 SCHEDULING ORDER:. Signed by JUDGE KEVIN S.C. CHANG on 11/28/11. (eps) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 11/28/2011) 2011-11-29 15:49:08 ba2667db79d5ba4b63d1c97dfc19307892b2f8b5
2011-12-08 31 0 Set Motion Deadlines/Hearings (inc F&R) EO: 5 Plaintiff's MOTION for Preliminary Injunction and 15 Defendants Honolulu Police Department, City and County of Honolulu and Louis Kealoha's MOTION to Dismiss Complaint set for 1/17/2012 is hereby continued to 3/21/2012 at 10:00 AM before JUDGE ALAN C KAY. Judge Kay is on unavailable status on 1/17/2012. (JUDGE ALAN C KAY)(lls, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 12/08/2011)
2011-12-08 32 0 Terminate Deadlines EO: Ripe deadline re: 5 MOTION for Preliminary Injunction and 15 MOTION to Dismiss Complaint set for 3/21/2012. (JUDGE ALAN C KAY)(lls, ) No COS issued for this docket entry (Entered: 12/08/2011)
2011-12-08 33 0 Set Motion Deadlines/Hearings (inc F&R) EO: 18 Defendants Neil Abercombie and State of Hawaii's MOTION for Judgment on the Pleadings set for Court Hearing on 1/17/2012 is hereby continued to 3/21/2012 at 10:00 AM before JUDGE ALAN C KAY. Judge Kay is on unavailable status on 1/17/2012. (JUDGE ALAN C KAY)(lls, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 12/08/2011)
2011-12-15 34 0 Certificate of Service CERTIFICATE OF SERVICE by Honolulu Police Department, Honolulu, City and County of, Louis Kealoha re:Discovery Responses to Plaintiff Christopher Baker and Initial Disclosures (Sherwood, Curtis) (Entered: 12/15/2011) 2015-08-16 02:16:37 5f24b57f6aeca8c33e446f5574de85d702f7f29d
2012-02-13 35 0 Motion for Pro Hac Vice APPLICATION To Appear Pro Hac Vice : Mark M. Murakami (local counsel) and Jonathan L Diesenhaus (PHV) requesting to appear for Amicus Brady Center For Gun Violence (Attachments: # 1 Declaration of Counsel)(eps) (Entered: 02/13/2012) 2015-08-16 02:16:55 05ae248c4c6e0715956384735a0a042d4e1fd5ff
35 1 Declaration 2015-08-16 02:16:54 b8627a5b7d04976801c0b1a0c983fa9d19664a16
2012-02-13 36 0 Filing Fee Received Filing fee: $ 300.00,receipt number HI002701 re 35 for Pro Hac Vice as to Jonathan L Diesenhaus (eps) (Entered: 02/13/2012) 2015-08-16 02:16:38 dce2bbb9f165c6e087101865c1d8f4e9a22fbde9
2012-02-13 37 0 Motion for Leave to File MOTION for Leave to File Amicus Curiae Brief - Mark M. Murakami appearing for Amicus Brady Center For Gun Violence (Attachments: # 1 Memorandum In Support, # 2 Declaration of Mark M Murakami, # 3 Exhibit A (Brief), # 4 Exhibit A, # 5 Exhibit B, # 6 Certificate of Service)(eps) (Entered: 02/13/2012) 2015-08-16 02:16:49 33b441644d3f2bb42edac547a741a8152a267f83
37 1 Memorandum In Support 2015-08-16 02:16:47 83bb9531a8075e2326ec68f5abeee0d775c5b274
37 2 Declaration of Counsel 2015-08-16 02:16:46 ac0dabf485611667461258018d8c45c5bc39e677
37 3 Exhibit A 2015-08-16 02:16:42 2404f73efce6d14da8267c45a0872a03243fb72c
37 4 Exhibit A 2015-08-16 02:16:40 fe5c0b6392d38044f2b4e3999f60aafb894c9245
37 5 Exhibit B 2015-08-16 02:16:44 191bfb0671c9a504f5282026287e35007277b4b9
37 6 Certificate of Service
2012-02-16 38 0 Memorandum in Opposition to Motion MEMORANDUM in Opposition to Defts City & County mtn to dismiss filed by Christopher Baker. (O'Grady, Kevin) Modified on 2/17/2012 : creating docketing relationship to the motion 15 (eps) . (Entered: 02/16/2012) 2012-02-17 14:41:51 4aca27838af3ff5ec75bbd8bf440e067f7f33ea4
2012-02-16 39 0 Memorandum in Opposition to Motion MEMORANDUM in Opposition to Def Gov Abercrombie's motion to dismiss filed by Christopher Baker. (O'Grady, Kevin) Modified on 2/23/2012 : creating docket entry relationship to motion 18 (eps). (Entered: 02/16/2012) 2012-02-17 14:46:27 07caede6de5552b87d93dbfd640d03922d5564d3
2012-02-23 40 0 Order on Motion for Leave to File ORDER GRANTING The Brady Center To Prevent Gun Violence's Motion For Leave To File An Amicus Curiae Brief In Support of Defendants re 37 . Signed by JUDGE ALAN C KAY on 2/23/12. (eps) (Additional attachment(s) added on 2/24/2012: # 1 ORDER) . CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. Electronic notification regenerated on 02/24/2012. The header is corrected and the order previously filed is restricted from public view. (Entered: 02/23/2012)
40 1 Main Document 2012-03-01 01:24:55 ca8d73760df7ff9d53a0979626d14e6323ce314c
2012-02-24 41 0 Memorandum BRIEF OF AMICUS CURIAE filed by Brady Center To Prevent Gun Violence In Support of Defendants. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Certificate of Service)(eps) (Entered: 02/24/2012) 2012-03-01 01:23:00 d4c6b0abfae0fc9c1cbca457dd1c761370591a81
41 1 Exhibit A 2012-03-01 01:24:20 87618664d8c3df63ef9f5417337d67ef2d3b8fb4
41 2 Exhibit B 2012-03-01 01:27:24 8c16ab68c1cc72993d7ebede56fa970d3f2bd477
41 3 Certificate of Service
2012-02-27 42 0 Memorandum in Opposition to Motion MEMORANDUM in Opposition re 5 MOTION for Preliminary Injunction filed by Neil Abercrombie, Hawaii, State of. (Attachments: # 1 Certificate Of Service)(Moser, Kendall) (Entered: 02/27/2012) 2012-03-01 01:15:31 aa7419e8761f03f0192a192686f21acecccfe24c
42 1 Certificate Of Service
2012-02-27 43 0 Order on Motion to Appear Pro Hac Vice ORDER GRANTING APPLICATION FOR ADMISSION PRO HAC VICE OF JONATHAN L. DIESENHAUS, ESQ. 35 . Signed by JUDGE KEVIN S.C. CHANG on 2/27/12. (eps) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 02/27/2012) 2012-03-01 01:22:11 960c2f152d3726841c2b95f773adb3000e9001f8
2012-02-29 44 0 Memorandum in Opposition to Motion MEMORANDUM in Opposition filed by Honolulu Police Department, Honolulu, City and County of, Louis Kealoha. (Attachments: # 1 Declaration of Thomas Nitta, # 2 Declaration of Counsel, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Certificate of Service)(Sherwood, Curtis) (Entered: 02/29/2012) 2012-03-08 22:05:25 76be03f87145cc1644d13344e0b231f1a4875252
44 1 Declaration of Thomas Nitta 2012-03-08 22:05:57 eb1c5d76c3f9da18dc6ac11aa0486b49076338d2
44 2 Declaration of Counsel 2012-03-08 22:06:11 906b9daff3e11efa6c76d2078a0aaad25ff3b957
44 3 Exhibit A 2012-03-08 22:07:07 87b026cbb0c89138900acfda9436883da640f0dc
44 4 Exhibit B 2012-03-08 22:07:23 3a7fc8b6d41ed679f9c4d382ee86bcbc543da2a1
44 5 Exhibit C 2012-03-08 22:07:49 a01737ae85c82fa0a7d9e37f8300b942ca089fd7
44 6 Exhibit D 2012-03-08 22:08:18 e8f5f3d69e76cc004cea3a50aa30dc0dfaf63561
44 7 Exhibit E 2012-03-08 22:08:34 27b9d097691e5257aeaaef394d982b10690b1dd0
44 8 Exhibit F 2012-03-08 22:09:17 957e8706e66458361e55ff0bc5a9d02367a22a8c
44 9 Certificate of Service
2012-03-02 45 0 Errata Errata re 44 Memorandum in Opposition to Motion, Filed on February 29, 2012 . (Attachments: # 1 Table of Contents and Table of Authorities, # 2 Certificate of Service)(Sherwood, Curtis) (Entered: 03/02/2012) 2015-08-16 02:17:00 ded00fae258c21f91b10af60770e1cf0ad8789d6
45 1 Table of Contents and Table of Authorities 2015-08-16 02:16:58 59ce59a945f9252a798b7059d9037fae5b983cf7
45 2 Certificate of Service
2012-03-07 46 0 Reply REPLY re 18 MOTION for Judgment on the Pleadings filed by Neil Abercrombie, Hawaii, State of. (Attachments: # 1 Certificate Of Service)(Moser, Kendall) (Entered: 03/07/2012) 2012-03-08 22:12:25 351dba7c362a4b72467f1f673011cf37d6cfed10
46 1
2012-03-07 47 0 Reply to Response to Motion REPLY to Response to Motion re 15 MOTION to Dismiss Complaint filed by Honolulu Police Department, Honolulu, City and County of, Louis Kealoha. (Attachments: # 1 Certificate of Service)(Sherwood, Curtis) (Entered: 03/07/2012) 2012-03-08 22:18:18 cd3c236d0b8e4eea907063fc5a3c9eee660f66df
47 1
2012-03-07 48 0 Reply REPLY to Defendants' response to Plaintiff's motion for preliminary injunction filed by Christopher Baker. (Attachments: # 1 Exhibit US v Weaver, # 2 Exhibit Wollard v Sheridan, # 3 Exhibit Def Interrog response, # 4 Exhibit Def response prod docs, # 5 Exhibit HPD background check, # 6 Exhibit Michigan v Yanna, # 7 Supplement certificate of service)(O'Grady, Kevin) (Entered: 03/07/2012) 2012-03-08 10:58:27 3e6e9e7ff9e2a70570185a1365c95d208f5971b3
48 1 Exhibit US v Weaver 2012-03-08 22:52:48 17a64936d4f9b1b3471f47de9876a5a2688dd68f
48 2 Exhibit Wollard v Sheridan 2012-03-08 22:53:59 3b6f42fa4f4bdd0707c85aefb5cac4384049d510
48 3 Exhibit Def Interrog response 2012-03-08 22:51:53 e493aa38b0551cbcc70fcd871c261e2fd0510c1e
48 4 Exhibit Def response prod docs 2015-08-16 02:17:02 71bc296b044f643347ea83c61cf49cd47a0aaa29
48 5 Exhibit HPD background check 2012-06-21 00:50:27 41306527206cba3447166f39599cd8468d1c2bb5
48 6 Exhibit Michigan v Yanna 2012-03-08 22:54:30 6f42cc2cb1e0807058fe656a97878d6eaab4f130
48 7 Supplement certificate of service 2012-06-21 00:50:59 367a6c337938f4dee4059d0ff97784b6290655db
2012-03-21 49 0 Order on Motion for Preliminary Injunction EP: Motions Hearing held on 3/21/2012 5 Plaintiffs Motion for Preliminary Injunction-Oral Discussion Held. Court Hereby Denies the Motion. (Terminate Motion) 15 Defendants Honolulu Police Department, City and County of Honolulu and Louis Kealohas Motion to Dismiss Complaint-Oral Discussion Held. Court Hereby Grants in Part and Denies in Part. (Terminate Motion) 18 Defendant Neil Abercombie and State of Hawaiis Motion for Judgment on the Pleadings-Oral Discussion Held. Court Hereby Grants the Motion. (Terminate Motion) (Court Reporter Gloria Bediamol.) (JUDGE ALAN C KAY)(lls, ) No COS issued for this docket entry (Entered: 03/21/2012) 2015-08-16 02:17:04 2f631180b8f0bee76aff3ef54fb0490e35d6e409
2012-04-01 50 0 Notice (Other) NOTICE by Christopher Baker re 42 Memorandum in Opposition to Motion to Plaintiff's motion for preliminary injunction, re supplemental authority post-hearing in support of motion for preliminary injunction by Plaintiff Christopher Baker. (Attachments: # 1 Exhibit Exh 1 Case Bateman v Perdue)(O'Grady, Kevin) (Entered: 04/01/2012) 2012-04-03 05:12:30 bdcfcbf71d5b3ee8d383b3d3341fe07bd0dca417
50 1 Exhibit Exh 1 Case Bateman v Perdue 2012-04-25 08:00:19 919297b76feb5ba3a5589869ab4c074371a99426
2012-04-30 51 0 Order - Written Order Following Oral Order on Motion ORDER GRANTING DEFENDANTS STATE OF HAWAII AND GOVERNOR ABERCROMBIE'S MOTION FOR JUDGMENT ON THE PLEADINGS, GRANTING IN PART AND DENYING IN PART DEFENDANTS CITY AND COUNTY OF HONOLULU, HONOLULU POLICE DEPARTMENT AND LOUIS KEALOHA'S MOTION TO DISMISS, AND DENYING PLAINTIFF'S MOTION FOR A PRELIMINARY INJUNCTION re 15 , re 18 , re 5 . Follows oral order of 03/21/2012.. Signed by JUDGE ALAN C KAY on 04/30/2012. (eps) -- the Court: (1) GRANTS the State Defendants' Motion for Judgment on the Pleadings; (2) GRANTS in part and DENIES in part the City Defendants' Motion to Dismiss the Complaint; and (3) DENIES Plaintiff's Motion for a Preliminary Injunction. With respect to the Motion to Dismiss, the following claims are dismissed with prejudice: (i) all claims against HPD; (ii) Counts VII, VIII, IX, and X, insofar as they allege violations of Plaintiff's Fifth Amendment rights; (iii) Count XIII (for injunctive relief); and (4) all official capacity claims against Defendant Kealoha, insofar as they seek money damages. CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 04/30/2012) 2012-05-31 03:25:15 17b008bec357adc03432b8c779c4e90aa7316cc4
2012-05-29 52 0 Motion to Stay MOTION to Stay Proceedings pending appeal by Kevin Gerard O'Grady appearing for Plaintiff Christopher Baker (Attachments: # 1 Exhibit #1, Woollard v Sheridan, # 2 Exhibit #2, U.S. v Weaver, # 3 Exhibit #3, Bateman v Perdue, # 4 Exhibit #4, Scheduling order Minutes 28 Nov 11, # 5 Declaration Certificate of service)(O'Grady, Kevin) (Entered: 05/29/2012) 2012-05-30 04:33:32 74b87306b1d281fde0fb1f297d9409a1fe44a2b1
52 1 Exhibit #1, Woollard v Sheridan 2015-08-16 02:17:09 cc61edf75e47fcbe1e0af152510468faef53297a
52 2 Exhibit #2, U.S. v Weaver 2015-08-16 02:17:08 77e45a776fa53eab2fc16a429fb514cc0e235c13
52 3 Exhibit #3, Bateman v Perdue 2015-08-16 02:17:11 646dcd486c0d1096fae2a427921f312c8eecaeaf
52 4 Exhibit #4, Scheduling order Minutes 28 Nov 11 2012-05-30 04:33:56 8105e8d73aa9d81421a0794d0adc3feea87c0540
52 5 Declaration Certificate of service
2012-05-29 53 0 Notice (Other) NOTICE by Christopher Baker re appeal of order denying preliminary injunction Christopher Baker. (Attachments: # 1 Civil Cover Sheet Civil Appeal Docketing sheet, # 2 Declaration Representation Statement, # 3 Exhibit #1, order denying Plaintiff's request for Preliminary Injunction entered 30 April 12, # 4 Declaration Certificate of service)(O'Grady, Kevin) (Entered: 05/29/2012) 2015-08-16 02:17:06 72a0aaf4543cc878ecf0d6f07c46b869d6ad3a6d
53 1 Civil Cover Sheet Civil Appeal Docketing sheet 2012-06-21 00:52:02 7ae687200e0b2bdd2aa9de7906c4080ecdba9b3d
53 2 Declaration Representation Statement 2012-06-21 00:52:22 f83b84c5e0e0954a79c43eab587ccb8180f1b1d9
53 3 Exhibit #1, order denying Plaintiff's request for Preliminary Injuncti 2012-06-21 00:52:40 491732f70818c074b16459a4658d26ebdc4f696a
53 4 Declaration Certificate of service 2012-06-21 00:54:14 e208d9368c0e2b8674ef712238fff6e353064ab2
2012-05-29 54 0 Notice (Other) NOTICE by Christopher Baker Amended Notice of Appeal, Preliminary injunction appeal by Christopher Baker. (Attachments: # 1 Civil Cover Sheet civil appeal docketing sheet, # 2 Declaration Representation statement, # 3 Exhibit Court order denying Preliminary injunction 30 April 12, # 4 Declaration Certificate of service)(O'Grady, Kevin) (Entered: 05/29/2012) 2012-05-30 04:34:55 e4bbc94858e11d47b21a1bb16bc07ed764cb2d8f
54 1 2012-05-30 04:35:16 d4e1c6a4f0f122f50ff81b0ac36a50d9aadc9084
54 2 2012-05-30 04:35:28 189a488b8c6bf8e2d970484ec04a40948cb34a35
54 3
54 4 2012-06-21 01:12:17 9cb243a214b11ea4ddd1c53dca4836526fe704f8
2012-05-29 55 0 Notice of Interlocutory Appeal NOTICE OF APPEAL : PRELIMINARY INJUNCTION APPEAL as to 51 by Christopher Baker. Refer to entry 53 and 54 ; entered by counsel (eps) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 05/29/2012) 2012-06-01 04:27:59 36f946317d7ae931530be10610daa9e247bece73
2012-05-29 56 0 USCA Appeal Fees USCA Appeal Fees received $ 455 receipt number HI003934 re 55 , 54 , 53 Notice of Interlocutory Appeal, filed by Christopher Baker (eps) No COS issued for this docket entry (Entered: 05/29/2012) 2015-08-16 02:17:05 78fe554c6fbc55767e4663f0a3f1ad76848d2cf0
2012-05-30 57 0 USCA Case Number USCA Case Number CA 12-16258 for 55 Preliminary Injunction Appeal, filed by Christopher Baker. (eps ) No COS issued for this docket entry (Entered: 05/30/2012) 2012-05-31 03:27:23 51b5ee3558fa91dfb6f1bf71ec740535128089fd
2012-05-30 58 0 USCA Scheduling Order USCA Time Schedule Order as to 55 Preliminary Injunction Appeal, filed by Christopher Baker. (eps) No COS issued for this docket entry (Entered: 05/30/2012) 2015-08-16 02:17:13 231d243588b622f9e67960f91a7c7be875fa8acc
2012-05-31 59 0 Attorney Appeal Packet Attorney Appeal Packet re 55 Preliminary Injunction Appeal, 53 ; 54 (Attachments: # 1 Instructions For Civil Appeals, # 2 Letter re Court Reporters, # 3 Instructions Transcript Designation & Ordering Form, # 4 Transcript Designation & Ordering Form, # 5 Notice of Appeal, # 6 Docket Sheet)(eps ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 05/31/2012) 2015-08-16 02:17:14 9af5ecc3bac4683327989e6d21de9455c24fe2ba
59 1 Instructions For Civil Appeals 2015-08-16 02:17:18 66b06ee2e1fe440794f6255c4fa17cd5eb71914e
59 2 Letter re Court Reporters 2015-08-16 02:17:17 0b3ab26fab88b8476de78d7c08d23ca29d081ac5
59 3 Instructions Transcript Designation & Ordering Form 2015-08-16 02:17:15 0c3f4dbcb8bb83f72d393e456d11cc5d19df4bfd
59 4 Transcript Designation & Ordering Form 2015-08-16 02:17:22 f7ae4f214b77fb73c8ab79372a73579753ff7430
59 5 Notice of Appeal 2015-08-16 02:17:19 c9bc7cbdfd267f44ac2b3ec4c6eccf9d8a09cc08
59 6 Docket Sheet 2015-08-16 02:17:21 4594db98b05df8cff2e2501f22a1cf8aa0b08a3b
2012-06-03 60 0 Transcript Designation and Ordering Form TRANSCRIPT Designation and Ordering Form by Christopher Baker for proceedings held on March 21, 2012 before Judge Alan Kay, re 56 USCA Appeal Fees, 58 USCA Scheduling Order, 59 Attorney Appeal Packet,, 57 USCA Case Number, 55 Notice of Interlocutory Appeal,, Transcript due by 6/11/2012. (Attachments: # 1 Declaration Certificate of service)(O'Grady, Kevin) (Entered: 06/03/2012) 2012-06-03 17:39:20 8c90178428aec90a09ffa984e7ca91be4a755b2e
60 1 Declaration Certificate of service
2012-06-14 61 0 Statement of No Opposition STATEMENT of No Opposition re 52 MOTION to Stay Proceedings pending appeal by filed by Honolulu, City and County of, Louis Kealoha. (Sherwood, Curtis) (Entered: 06/14/2012) 2012-06-15 03:04:05 9d63a9158b6a5d0cd7593d86b52c45082be5f8c8
2012-06-19 62 0 Transcript TRANSCRIPT of Proceedings Pltf. MPJ; Dfts. HPD, city and county of Honolulu Mt. to dismiss complaint; Dft. Abercrombie and SOH mt. for judgment on pleadings held on March 21, 2012, - before Judge Alan C. Kay. Court Reporter/Transcriber Gloria T. Bediamol, Telephone number (808) 541-2060. Transcript may be viewed at the court public terminal or ordered through the Court Reporter/Transcriber before the deadline for Release of Transcript. Remote availability of electronic transcripts is regulated by FRCP 5.2(a),FRCrP 49.1(a) and FRBP 9037(a) Redaction Request due 7/9/2012. Redacted Transcript Deadline set for 7/17/2012. Release of Transcript Restriction set for 9/14/2012. pp. 53. (gb@hid.uscourts.gov) (Entered: 06/19/2012) 2012-11-30 20:21:36 29b4d410b9a31101dbbdf7fac3a20c26570b43ec
2012-06-19 63 0 Order on Motion to Stay ORDER GRANTING PLAINTIFF CHRISTOPHER BAKER'S MOTION TO STAY PROCEEDINGS 52 . Signed by JUDGE ALAN C KAY on 06/19/2012. (eps ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications will be served by first class mail on 06/20/2012 (Entered: 06/19/2012) 2012-06-19 23:39:18 7fd6c8d8803debfbad84a853d7d53980d2b6d530
2012-06-20 64 0 Terminate Hearings EO: Pursuant to the Order filed 6/19/12, Status Conference Re: Stay Pending Appeal set for 12/19/2012 09:00 AM before JUDGE KEVIN S.C. CHANG. The following dates are hereby vacated: 8/23/12, 11:00am, Settlement Conference, Judge Chang; 10/16/12, 9:00am, Final Pretrial Conference, Judge Chang; and 11/27/12, 9:00am, Non Jury Trial, Judge Kay. (JUDGE KEVIN S.C. CHANG)(sna, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 06/20/2012)
2012-06-20 65 0 Link EO: re 64 In addition to the Settlement Conference, Final Pretrial Conference, and Non Jury Trial being vacated, the deadlines for Dispositive Motions (6/27/12) and Discovery (9/28/12) are hereby vacated. (JUDGE KEVIN S.C. CHANG)(sna, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 06/20/2012)
2012-07-09 66 0 Certificate of Record Certificate of Record re 55 Notice of Interlocutory Appeal,, USCA Number: 12-16258. (lmg, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 07/09/2012) 2015-08-16 02:17:23 4e77f0ef09490163328b8d49e0aecb19df9eb42a
2012-12-19 67 0 Status Conference EP: Status Conference Re: Stay Pending Appeal held on 12/19/2012. Court attempted to contact Plaintiff's counsel. Efforts to contact Richard Holcomb were unsuccessful. Court was informed by his office that Kevin O'Grady is out of town. Mr. Sherwood informed the Court that this matter is still pending before the Ninth Circuit and awaiting decision. Further Status Conference Re: Stay Pending Appeal set 6/19/13 at 9:00am before Judge Chang. ( C5 - no record, 9:04-9:09am.) (JUDGE KEVIN S.C. CHANG)(sna, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 12/19/2012) 2015-08-16 02:17:25 baa445588b61629135626cfb30a97a3e2fcc9b06
2013-06-03 68 0 Set Hearings EO: At Plaintiff's request, Further Status Conference Re: Stay Pending Appeal set 6/19/13 shall be continued to 7/17/2013 09:00 AM before JUDGE KEVIN S.C. CHANG. Kevin O'Grady to notify all parties. (JUDGE KEVIN S.C. CHANG)(sna, ) No COS issued for this docket entry (Entered: 06/03/2013)
2013-07-09 69 0 Set Hearings EO: The time for the Further Status Conference Re: Stay Pending Appeal set for 9:00am on 7/17/2013 shall be moved to 10:30 AM on 7/17/2013 before JUDGE KEVIN S.C. CHANG. (JUDGE KEVIN S.C. CHANG)(sna, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 07/09/2013)
2013-07-17 70 0 Status Conference EP: Further Status Conference held on 7/17/2013. Further Status Conference Re: Stay Pending Appeal set for 1/13/2014 at 09:00 AM before JUDGE KEVIN S.C. CHANG. (Court Reporter Courtroom 5-No Record) (JUDGE KEVIN S.C. CHANG)(wnn, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 07/17/2013) 2015-08-16 02:17:26 bc4d3c45b4973faeb8f47aecb78c0fbd08d87326
2013-07-17 71 0 Link EP: Typo corrected. Re 70 Status Conference, Set Hearings. (Court Reporter Courtroom 5-No Record) (JUDGE KEVIN S.C. CHANG)(wnn, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 07/17/2013) 2015-08-16 02:17:27 9e0b02814492a75b18f03b7eb0ff0ca768053a17
2014-01-13 72 0 Status Conference EP: Further Status Conference Re: Stay Pending Appeal held on 1/13/2014. Counsel informed the Court that this matter has been briefed, argued and is still pending before the Ninth Circuit awaiting decision. Further Status Conference Re: Stay Pending Appeal set 7/11/14 at 9:00am before Judge Chang.(In Chambers - no record, 9:00-9:02am.) (JUDGE KEVIN S.C. CHANG)(sna, ) No COS issued for this docket entry (Entered: 01/13/2014) 2015-08-16 02:17:29 d296926bde8108965fe5aead5af67e3e12264e51
2014-03-20 73 0 USCA Order ORDER of USCA CA 12-16258 as to 55 Notice of Interlocutory Appeal,, filed by Christopher Baker (Attachments: # 1 Dissent)(gab, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 03/20/2014) 2014-03-24 18:17:23 558fe83f56da791f663b43649dfd7c29de13b959
73 1 Dissent 2015-08-16 02:17:30 c4c9c47c44fcf5d5c889cc3f356a0fba660408c3
2014-03-24 74 0 Link EO:In the Ninth Circuit's memorandum filed 3/20/2014, this Court's denial of Baker's motion for preliminary injunction against several state and local government entities and officials was vacated and remanded "for further proceedings consistent with Peruta." Baker v. Kealoha et al., No. 12-16258, at 2-3 (9th Cir. Mar. 20, 2014); see also Peruta v. County of San Diego, No. 10-56971, 2014 WL 555862 (9th Cir. Feb. 13, 2014). This Court was directed on remand to "dismiss Baker's motion for a preliminary injunction with respect to his allegation that Hawaiis statutes forbid the use of handguns at firing ranges." Baker, at 4. Pursuant to the Ninth Circuit's foregoing directive and incorporating the reasoning set forth in its memorandum denying Baker's motion for preliminary injunction filed 3/20/2014 (Doc. No. 73), this Court dismisses Baker's motion for preliminary injunction with respect to "his allegation that Hawaii's statutes forbid the use of handguns at firing ranges." Baker, at 4. IT IS SO ORDERED. (JUDGE ALAN C KAY)(lls, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 03/24/2014) 2015-08-16 02:17:33 9d666152a4d0c48aab355e027c4d4fdee95f4278
2014-03-24 75 0 Link EO: Pursuant to the Ninth Circuit's directive in its memorandum filed 3/20/2014, this Court notifies the State of Hawaii through its Attorney General of the ruling by the Ninth Circuit that "[i]n light of our holding in Peruta, the district court made an error of law when it concluded that the Hawaii statutes did not implicate protected Second Amendment activity." Baker v. Kealoha et al., No. 12-16258, at 2 (9th Cir. Mar. 20, 2014); see also Peruta v. County of San Diego, No. 10-56971, 2014 WL 555862 (9th Cir. Feb. 13, 2014). Accordingly, the State of Hawaii, which had been granted a motion for judgment on the pleadings as to all claims against it in this action, is "given an opportunity to intervene in[] further proceedings implicating the constitutionality of the state statutes." Baker, at 3 n. 1 (citing 28 U.S.C. ยง 2403(b)). IT IS SO ORDERED. (JUDGE ALAN C KAY)(lls, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 03/24/2014) 2015-08-16 02:17:31 2feb8ebd279c380a37d8f8ace8463be7c2bf16f8
2014-03-25 76 0 Letter Letter from Richard L. Holcomb - to Magistrate Judge Kevin S.C. Chang (gab, ) (Entered: 03/25/2014) 2015-08-16 02:17:34 744b93262a9967e247b1a4682434a26cc7c31493
2014-03-25 77 0 Link EO:In furtherance of the Court's minute order filed 3/24/2014 (D. Haw. ECF No. 75), providing notice to the State of Hawaii through its Attorney General of the ruling by the Ninth Circuit that "[i]n light of our holding in Peruta, the district court made an error of law when it concluded that the Hawaii statutes did not implicate protected Second Amendment activity," Baker v. Kealoha et al., No. 12-16258, at 2 (9th Cir. Mar. 20, 2014); the Court notes that in Peruta v. County of San Diego, No. 10-56971, the State of California on 2/27/2014 filed a Motion to Intervene and a Motion to Extend Time to File a Petition for Rehearing or Rehearing En Banc and Stay Issuance of the Mandate (being on the last day of the fourteen-day deadline for filing a petition for panel rehearing). (9th Cir. ECF No. 122.) The Peruta panel on 2/28/2014, issue an order granting the State of California's Motion to Extend Time to File a Petition for Rehearing En Banc and Stay Issuance of the Mandate. (9th Cir. ECF No. 126.) The court ruled that "[a]ny proposed petitions for rehearing filed with this Court by 2/27/2014 will be considered timely if this Court grants the petitioners' [including additional petitioner] concurrently filed motions to intervene. This order does not extend the time for filing petitions for rehearing for any petitioner who did not move to intervene by 2/27/2014." (Id.) The court also held that "[i]ssuance of the mandate is stayed pending further order of the Court." (Id.) In Baker, the Ninth Circuit panel stated that "[i]n Peruta... we concluded that the Second Amendment provides a responsible, law-abiding citizen with a right to carry an operable handgun outside the home for the purpose of self-defense. In light of our holding in Peruta, the district court made an error of law when it concluded that the Hawaii statutes did not implicate protected Second Amendment activity. Accordingly, we vacate the district court's decision denying Baker's motion for a preliminary injunction and remand for further proceedings consistent with Peruta." Baker, at 2-3. In Baker, the Ninth Circuit's memorandum order was filed on 3/20/2014. Accordingly, in the event the State of Hawaii decides to seek a rehearing en banc by the Ninth Circuit it appears a motion to intervene and to seek petition for rehearing would have to be filed fourteen (14) days from 3/20/2014. See Fed. R. App. P. 40(a)(1). (JUDGE ALAN C KAY)(lls, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 03/25/2014) 2015-08-16 02:17:35 a9d84fbfc57c37badc990a9d3678af4af5205359
2014-04-02 78 0 USCA Order ORDER of USCA as to 55 Notice of Appeal filed by Christopher Baker, 9CCA NO. 12-16258 ~ "Defendants-Appellees' motion for an extension of time to file their petition for panel rehearing and/or petition for rehearing en banc is granted. Defendants-Appellees shall file any petition for rehearing no later than April 17, 2014." (emt, ) No COS issued for this docket entry (Entered: 04/02/2014) 2015-08-16 02:17:36 62c1a7f087f35a74e84b1296c617c85ed95970d9
2014-04-22 79 0 USCA Order ORDER of USCA as to 55 Notice of Appeal filed by Christopher Baker ~ Plaintiff-Appellant is directed to file a response to the petition for rehearing or rehearing en banc filed with this court on April 17, 2014. The response shall not exceed 15 pages or 4200 words and shall be filed within 21 days of the date of this order. (ecs, ) No COS issued for this docket entry (Entered: 04/25/2014) 2015-08-16 02:17:38 0aaab3ac6529e353ce46db8975f76f8c7d909484
2014-05-01 80 0 USCA Order ORDER of USCA as to 55 Notice of Appeal filed by Christopher Baker, 9CCA NO. 12-16258. "Disposition of the pending petition for rehearing or rehearing en banc is deferred pending this Court's resolution of pending post-opinion matters in Peruta v. County of San Diego , No. 10-56971." (emt, ) No COS issued for this docket entry (Entered: 05/01/2014) 2015-08-16 02:17:39 b0e83702f8e303745bc39d51fa086a21962ffd4d
2014-07-11 81 0 EP: Further Status Conference Re: Stay Pending Appeal held on 7/11/2014. Mr. Holcomb updated the Court that this matter is still pending before the Ninth Circuit awaiting decision. Further Status Conference Re: Stay Pending Appeal set 1/16/15 at 9:00am before Judge Chang. (In Chambers - no record, 9:35-9:40am.) (JUDGE KEVIN S.C. CHANG)(sna, ) No COS issued for this docket entry (Entered: 07/11/2014) 2015-08-16 02:17:40 c15d9b3480780d59c76ab202f07929515b532ff4
2015-01-16 83 0 EP: Further Status Conference Re: Stay Pending Appeal held on 1/16/2015. Counsel informed the Court that they are waiting for a decision on another case regarding En banc hearing. Further Status Conference Re: Stay Pending Appeal set 7/20/15 at 9:00am before Judge Chang. (C5 - no record, 9:00-9:03am.) (JUDGE KEVIN S.C. CHANG)(sna, ) No COS issued for this docket entry (Entered: 01/16/2015) 2015-08-16 02:42:53 9d1b14800e6e2691d19c35adab94ccf38ad83d84
2015-05-19 84 0 EO:In light of the pending petition for rehearing or rehearing en banc in the Ninth Circuit, the Clerk of Court is directed to administratively close this action without prejudice to any party. The closing is administrative only and thus has no effect on the procedural or substantive rights of any party or any limitations period. Any party may move to reopen the case after the Ninth Circuit rules on the pending petition. IT IS SO ORDERED. (JUDGE ALAN C KAY)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 05/19/2015) 2015-08-16 10:14:18 cb003fe7961e2126bca7a019da5cac19559955b0