| Date Filed |
Document # |
Attachment # |
Short Description |
Long Description |
Upload date |
SHA1 hash |
| 2004-06-10 |
1 |
0 |
Complaint |
COMPLAINT in re FOIA (gs) |
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| 2004-06-10 |
2 |
0 |
Order |
ORDER by Judge David A. Ezra rule 16 conference set for 9:00 9/13/04 before Mag Judge Leslie E. Kobayashi (gs) |
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| 2004-06-17 |
3 |
0 |
Summons Returned Executed |
PS returned executed on 6/16/04 as to Hawaii Air National thru Rachel Zane (gs) |
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| 2004-07-14 |
4 |
0 |
Answer to Complaint |
ANSWER; Certificate of Service by defendant Hawaii Air National to [1-1] (gs) |
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| 2004-07-20 |
5 |
0 |
Response/Reply - Miscellaneous |
RESPONSE/"Memorandum in Error" by plaintiff Dan A. Cole to [4-1] (gs) |
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| 2004-07-23 |
6 |
0 |
Miscellaneous Document |
EX PARTE MOTION for judgment as a matter of law (gs) |
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| 2004-07-26 |
7 |
0 |
Order |
ORDER by Judge Samuel P. King DENYING without Prejudice Plaintiff's Ex Parte Motion for Judgment (sic) As A Matter of Law [6-2], [6-1] (gs) |
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| 2004-08-19 |
8 |
0 |
Report of Planning Meeting |
REPORT OF PARTIES PLANNING MEETING submitted by defendant Hawaii Air National (sealed) |
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| 2004-08-24 |
9 |
0 |
Report of Planning Meeting |
REPORT OF PARTIES PLANNING MEETING by defendant Hawaii Air National (gs) |
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| 2004-08-25 |
10 |
0 |
Certificate of Service |
CERTIFICATE of service by defendant Hawaii Air National (sealed) |
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| 2004-09-03 |
11 |
0 |
Scheduling Conference Statement |
SCHEDULING CONFERENCE STATEMENT; Certificate of Service by defendant Hawaii Air National (sm) |
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| 2004-09-08 |
12 |
0 |
Scheduling Conference Statement |
SCHEDULING CONFERENCE STATEMENT; Certificate of Service by plaintiff Dan A. Cole (sm) |
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| 2004-09-13 |
13 |
0 |
Minutes - Miscellaneous |
EO: On September 9, 2004, the Court received a letter from Plaintiff Dan A. Cole ("Plaintiff"), proceeding pro se, dated September 7, 2004, and which includes as attachments several letters and/or faxes between Plaintiff and various persons regarding the instant action. The Court takes this opportunity, however, to advise Plaintiff that it is not free to accept direct communication from any party. Moreover, there is no indication that Plaintiff has served any Defendant with a copy of the letter. See Exhibit "A", Letter and Attachments. Such communications are deemed ex parte, and are generally prohibited. An ex parte communication is a communication about a case which a party makes to the court, without giving notice to the opposing party. Ex parte communications foreclose an opposing party's opportunity to respond, and are in most cases a violation of due process. Although pro se litigants are held to less stringent standards than those of their legal counterparts, see Haines v. Kerner, 404 U.S. 519 (1972); Fischer v. Cahill, 474 F.2d 991 (3d. Cir. 1973), a litigant's pro se status cannot excuse him or her from complying with the procedural or substantive rules of the court. See Carter v. Comm'r of Internal Revenue, 784 F.2d 1006, 1008 (9th Cir. 1986) (indicating that pro se litigants must abide by the rules of court); see also Engle v. United States, 736 F. Supp. 670, 671-72 (D. Md. 1989). Accordingly, Plaintiff is specifically instructed to refrain from any further ex parte communications, that is, any communication about this case to the court without giving notice to the opposing party. Plaintiff is also reminded that his pro se status does not excuse him from complying with the procedural or substantive rules of the court. For example, Plaintiff must comply with the court's Local Rules ("LR") (available at http:/www.hid.uscourts.gov), including but not limited to the rules governing motions. See LR 7.1-7.8. These rules require, among other things, a notice of motion (LR 7.1), service of process prior to filing a motion (LR 7.7) and compliance with font (LR 10.2) and page limitations (LR 7.5). Further, pursuant to Rule 7 of the Federal Rules of Civil Procedure, proper procedure for a request for an order by the court is by written motion, not by letter. Plaintiff is put on notice, therefore, that future failure to comply with the rules of the court may result in the imposition of sanctions, including an entry of default or other appropriate sanctions. See Fed. R. Civ. P. 11; LR 11.1. IT IS SO ORDERED by Mag Judge Leslie E. Kobayashi (gs) |
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| 2004-09-13 |
14 |
0 |
Minutes - Miscellaneous |
EP: Rule 16 scheduling conference held; Plaintiff Pro Se Dan A. Cole participated by phone; 1. Non-jury trial on July 12, 2005 at 9:00 a.m. before SPK 2. Final Pretrial Conference on May 31, 2005 at 9:00 a.m. before LEK 3. Final Pretrial Conference before District Judge N/A 4. Final Pretrial Statement by May 24, 2005 5. File motions to Join/Add Parties/Amend Pleadings by December 10, 2004 6. File other Non-Dispositive Motions by April 13, 2005 7. File Dispositive Motions by February 9, 2005 8a. File Motions in Limine by June 21, 2005 8b. File opposition memo to a Motion in Limine by June 28, 2005 11a. Plaintiff's Expert Witness Disclosures by January 10, 2005 11b. Defendant's Expert Witness Disclosures by February 9, 2005 12. Discovery deadline May 13, 2005 13. Settlement Conference set for February 14, 2005 at 1:30 p.m. before LEK 14. Settlement Conference statements by February 7, 2005 20. Submit Voir Dire Questions, Special Verdict Form, Concise Statement of Case and Jury Instructions by N/A 21. File Final witness list by June 21, 2005 24. Exchange Exhibit and Demonstrative aids by June 14, 2005 25. Stipulations re: Authenticity/Admissibility of Proposed Exhibits by June 21, 2005 26. File objections to the Exhibits by June 28, 2005 28a. File Deposition Excerpt Designations by June 21, 2005 28b. File Deposition Counter Designations and Objections by June 28, 2005 29. File Trial Brief by June 28, 2005 30. File Findings of Fact & Conclusions of Law by June 28, 2005 Other Matters: A copy of the Rule 16 Scheduling Order mailed to all parties (Ct Rptr: no record) by Mag Judge Leslie E. Kobayashi (gs) |
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| 2004-09-15 |
15 |
0 |
Scheduling Order |
Rule 16 SCHEDULING ORDER Mag Judge Leslie E. Kobayashi (gs) |
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| 2004-10-20 |
16 |
0 |
Certificate of Service |
CERTIFICATE of service by defendant Hawaii Air National (sm) |
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| 2004-12-02 |
17 |
0 |
Motion to Dismiss |
MOTION by plaintiff to withdraw complaint ; certificate of service - referred to Judge Samuel P. King (afc) |
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| 2004-12-08 |
18 |
0 |
Reply |
Defendant State of Hawaii, Hawaii Air National Gaurd's Statement of No Opposition to Plaintiff's Motion to Withdraw Complaint; Certificate of Service re [17-1] (gs) |
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| 2004-12-09 |
19 |
0 |
Order |
ORDER by Judge Samuel P. King GRANTING Plaintiff's motion to withdraw complaint [17-1] (gs) |
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| 2004-12-09 |
20 |
0 |
Judgment |
JUDGMENT In A Civil Case: IT IS ORDERED AND ADJUDGED that Judgment is entered pursuant to the, "Order Granting Plaintiff's Motion To Withdraw Complaint", by the honorable Senior U.S. District Judge Samuel P. King, and filed on, December 9, 2004. re [19-1] terminating case by Walter A.Y.H. Chinn, Clerk, by G. Santos, Deputy (gs) |
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