Yellen et al v. Biden et al
| Hawaii District Court | |
| Judge: | Jill A Otake |
| Referred: | Rom Trader |
| Case #: | 1:25-cv-00002 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 28:1331 Fed. Question |
| Case Filed: | Jan 02, 2025 |
| Case in other court: | Texas Southern, 3:24-cv-00297 |
| Last checked: Thursday Jan 02, 2025 5:04 PM HST |
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Defendant
Jane/John Does 1-1000 Employess for Federal Aviation Administration
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Defendant
Moderna
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Defendant
Merck & Co., Inc.
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Defendant
Alejandro Mayorkas
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Defendant
Derek Kawakami
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Defendant
Johnson & Johnson
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Defendant
Japan Airlines
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Defendant
Janes/John Does 1-1000 Employees for (FEMA)
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Defendant
Jane/John Does 1-10000 Employees for US environmental Protection Agency
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Defendant
Jane/John Does 1-1000 Employess of National Institute of Allergy and Infectious Diseases
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Defendant
National Institute of Allergy and Infectious Diseases
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Defendant
Jane/John Does 1-1000 Employess for Department of Defense
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Defendant
Jane/John Does 1-1000 Employees for the FBI
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Defendant
Jane/John Does 1-1000 Employees for United States Food and Drug Administration
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Defendant
Jane/John Does 1-1000 Employees for State of Hawaii
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Defendant
Jane/John Does 1-1000 Employees for Hawaii State Department of Educational Board
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Defendant
Jane/John Does 1-1000 Employees for Federal Communications Commission
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Defendant
Jane/John Does 1-1000 Employees for Department of Land and Natural Resources, State of Hawaii
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Defendant
Jane/John Does 1-1000 Employees for Department of Justice
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Defendant
Jane/John Does 1-1000 Employees for Center for Disease Control Prevention
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Defendant
United Airlines
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Defendant
World Health Organization (WHO)
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Defendant
WestJet Airlines
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Defendant
Rochelle Walensky
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Defendant
Virgin American
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Defendant
United States Senate
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Defendant
United States Military, Arm Forces
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Defendant
United States Military
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Defendant
United States House of Representatives
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Defendant
United States Food and Drug Administration (FDA)
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Defendant
Air Canada
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Defendant
US Environmental Protection Agency (EPA)
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Defendant
US Airways
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Defendant
UPS Airlines
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Defendant
State of Hawai'i
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Southwest Airlines
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Defendant
Southern Airways
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Defendant
Mitch Roth
Mayor Hawaii County of Hawaii, Office of the Corporation Counsel 101 Aupuni Street, Suite 325
Hilo, HI 96720 |
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Defendant
Project Veritas
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Defendant
Pfizer Inc.
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Defendant
Jane/John Does 1-1000 Are Civilains and/or Enlisted Personal for United States Military, Armed Forces, Air Force, Navy, Marines, Army, Space Force
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Defendant
Alaska Airline
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Defendant
American Airline
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Defendant
American Medical Association
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Defendant
Lloyd Austin, III
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Defendant
Joe Biden
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Defendant
Richard T Bissen, Jr
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Defendant
Rick Blangiardi
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Defendant
Antony Blinken
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Defendant
Board of Land and Natural Resources, State of Hawaii (BLNR)
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Defendant
Centers for Disease Control and Prevention (CDC)
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Defendant
Mandy Cohen
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Defendant
Delta Airlines
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Defendant
Department of Land and Natural Resources, State of Hawaii, (DLNR)
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Defendant
Anthony Fauci
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Defendant
Federal Aviation Administration (FAA)
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Defendant
Jane/John Does 1-1000 Employees for (WHO)
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Defendant
Governor David Ige
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Defendant
Hawaiian Airlines
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Represented By
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Defendant
Hawaii State Department of Educational Board
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Defendant
Kamala Harris
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Defendant
Governor Josh Green
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Defendant
Go Mokulele Airlines
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Defendant
Merrick Garland
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Defendant
Federal Emergency Management Agency (FEMA)
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Defendant
FedEx Express
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Defendant
Federal Communications Commission
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Defendant
Federal Bureau of Investigation (FBI)
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Interested Party
Capital World Investors
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Interested Party
Alaska Airlines Group, Inc.
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Interested Party
American Airlines Group Inc.
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Interested Party
Moderna, Inc.
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Interested Party
United Airlines Holdings, Inc.
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Interested Party
ModernaTX, Inc.
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Interested Party
Blackrock
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Interested Party
Palantir Technologies Inc
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Interested Party
The Vanguard Group
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Interested Party
Surf Air Mobility Inc
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Plaintiff
Dustin I DeKneef
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Plaintiff
Grale P DeKneef
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Plaintiff
Shelby Hosana
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Plaintiff
Christy Kharisma Albinson
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Plaintiff
Devon Bowes
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Plaintiff
Sarah Bowes
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Plaintiff
Mike Yellen
138 Kinoole Street
Hilo, HI 96720 |
| Docket last updated: 01/08/2025 11:59 PM HST |
| Wednesday, January 08, 2025 | ||
| 128 | 128
misc
Letter
Wed 01/08 4:04 PM
Letter to Mike Yellen from David Hathaway regarding affidavits of David, Leland and Sharon Hathaway, dated January 6, 2025. (eta) |
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Att: 1
Affidavit of David Hathaway,
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Att: 2
Affidavit of Leland Hathaway,
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Att: 3
Affidavit of Sharon Hathaway,
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Att: 4
Mailing Documentation
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| 127 | 127
notice
Notice of Case Reassignment
Wed 01/08 12:34 PM
NOTICE of Case Reassignment: Please reflect new Civil case number CV 25-00002 JAO-RT on all further pleadings . (eta) |
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| 126 | 126
order
Order of Recusal
Wed 01/08 12:23 PM
ORDER OF RECUSAL - Signed by MAGISTRATE JUDGE WES REBER PORTER on 1/8/2025. MAGISTRATE JUDGE WES REBER PORTER recused. (eta) |
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| 125 | 125
minutes
Link Order on Motion for Joinder
Wed 01/08 12:00 PM
EO: The Court reviewed the Motions for Joinder filed by various non-parties while this case was still pending in the Southern District of Texas. These motions are identified as ECF Nos.8 ,9 ,10 ,14 ,16 ,17 ,19 ,20 ,21 ,22 ,23 ,24 ,25 ,29 ,31 ,32 ,33 ,39 ,44 ,45 ,51 ,54 ,55 ,56 ,57 ,58 ,59 ,60 ,61 ,62 ,63 ,64 ,66 ,72 ,73 ,80 ,81 ,82 ,85 ,91 ,92 ,94 ,95 ,96 ,98 ,99 ,100 ,101 ,102 , and103 . Even upon the Court's liberal construction of these Motions for Joinder, the Court finds that the non-parties have failed to satisfy the legal requirements for joining in this action. The Court therefore DENIES these Motions for Joinder, ECF Nos.8 ,9 ,10 ,14 ,16 ,17 ,19 ,20 ,21 ,22 ,23 ,24 ,25 ,29 ,31 ,32 ,33 ,39 ,44 ,45 ,51 ,54 ,55 ,56 ,57 ,58 ,59 ,60 ,61 ,62 ,63 ,64 ,66 ,72 ,73 ,80 ,81 ,82 ,85 ,91 ,92 ,94 ,95 ,96 ,98 ,99 ,100 ,101 ,102 , and103 . (MAGISTRATE JUDGE WES REBER PORTER) (jo) COURT'S CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF) |
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| 124 | 124
misc
Consent Election Form
Wed 01/08 12:00 PM
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| 123 | 123
order
Order on Motion for Extension of Time to Answer
Wed 01/08 11:51 AM
ORDER re97 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 1/8/2025. It is hereby FURTHER ORDERED that Defendant Japan Airlines, Inc. shall have until January 16, 2025 to file a responsive pleading to the Complaint. (eta) |
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| 122 | 122
misc
Consent Election Form
Wed 01/08 10:52 AM
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| 121 | 121
notice
Notice of Appearance
Wed 01/08 10:50 AM
NOTICE of Appearance by Shauna Etsuko Imanaka on behalf of Moderna on behalf of Moderna.(Imanaka, Shauna) |
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Att: 1
Certificate of Service
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misc
Court's Certificate of Service
Wed 01/08 1:25 PM
COURT'S CERTIFICATE of Service - a copy of 110 Entering Order, 111 Notice of Case Reassignment, 119 Entering Order,123 ORDER, 125 Entering Order,126 ORDER OF RECUSAL, 127 Notice of Case Reassignment has been served by First Class Mail to the addresses of record on January 8, 2025. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (eta) |
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| Tuesday, January 07, 2025 | ||
| 120 | 120
2
pgs
order
Order on Motion to Appear Pro Hac Vice
Tue 01/07 3:29 PM
ORDER Granting Motion To Appear Pro Hac Vice As To M. Roy Goldberg re116 . Signed by MAGISTRATE JUDGE WES REBER PORTER on 1/7/2025. (cib) COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF) |
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| 119 | 119
minutes
3 - Set Ripe Deadline
Tue 01/07 2:50 PM
EO: On 12/26/2024, Defendant Johnson & Johnson filed87 Defendant Johnson & Johnson's Motion to Dismiss and Memorandum in Support ("Motion to Dismiss"). Opposition is due 1/17/2025. An optional reply is due 1/24/2025. The Court elects to decide the Motion to Dismiss without a hearing. See LR7.1. The Court will decide the11 Motion for Temporary Restraining Order ("TRO Motion") after deciding the Motion to Dismiss because resolution of the latter may negate the need for the Court to consider the TRO Motion. See, e.g., Pelekai v. Hawai`i , 2021 WL 4944804, at *7 (D. Haw. Oct. 22, 2021). (JUDGE JILL A. OTAKE)(shm) COURT'S CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF) |
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| 118 | 118
notice
Notice of Appearance
Tue 01/07 2:43 PM
NOTICE of Appearance by Ryan David Louie on behalf of Alaska Airline, American Airline, Delta Airlines, Hawaiian Airlines, Southwest Airlines, United Airlines, WestJet Airlines, Japan Airlines, Federal Express Corporation, Mokulele Airlines, Air Canada, Southern Airways on behalf of Alaska Airline, American Airline, Delta Airlines, Hawaiian Airlines, Southwest Airlines, United Airlines, WestJet Airlines, Japan Airlines, Federal Express Corporation, Mokulele Airlines, Air Canada, Southern Airways.(Louie, Ryan) |
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Att: 1
Certificate of Service
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| 117 | 117
notice
Notice of Appearance
Tue 01/07 2:39 PM
NOTICE of Appearance by Jesse W. Schiel on behalf of Alaska Airline, American Airline, Delta Airlines, Hawaiian Airlines, Southwest Airlines, United Airlines, WestJet Airlines, Japan Airlines, Federal Express Corporation, Mokulele Airlines, Air Canada, Southern Airways on behalf of Alaska Airline, American Airline, Delta Airlines, Hawaiian Airlines, Southwest Airlines, United Airlines, WestJet Airlines, Japan Airlines, Federal Express Corporation, Mokulele Airlines, Air Canada, Southern Airways.(Schiel, Jesse) |
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Att: 1
Certificate of Service
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| 116 | 116
motion
Pro Hac Vice
Tue 01/07 2:32 PM
MOTION for Pro Hac Vice Admission of M. Roy Goldberg Filing fee $ 300, receipt number AHIDC-3099031.Nicholas R. Monlux appearing for Defendants Alaska Airline, American Airline, Delta Airlines, Hawaiian Airlines, Southwest Airlines, United Airlines, WestJet Airlines, Japan Airlines, Federal Express Corporation, Mokulele Airlines, Air Canada, Southern Airways(Monlux, Nicholas) |
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Att: 1
Declaration of Counsel
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| 115 | 115
misc
Consent Election Form
Tue 01/07 2:24 PM
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| 114 | 114
notice
Notice of Appearance
Tue 01/07 2:22 PM
NOTICE of Appearance by Nicholas R. Monlux on behalf of Federal Express Corporation, Mokulele Airlines, Alaska Airline, American Airline, Delta Airlines, Hawaiian Airlines, Southwest Airlines, United Airlines, WestJet Airlines, Japan Airlines, Air Canada, Southern Airways on behalf of Federal Express Corporation, Mokulele Airlines, Alaska Airline, American Airline, Delta Airlines, Hawaiian Airlines, Southwest Airlines, United Airlines, WestJet Airlines, Japan Airlines, Air Canada, Southern Airways.(Monlux, Nicholas) |
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Att: 1
Certificate of Service
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| 113 | 113
minutes
Link Order on Application for Permission to E-file
Tue 01/07 12:43 PM
EO: The Court reviewed109 Plaintiff's Motion to Filing Electrically (Motion). The Court prefers that Plaintiff utilize HID Form 14 entitled "Application for Permission to Participate in Electronic Filing" to make this request. Therefore, Plaintiff's109 Motion is denied without prejudice to resubmitting HID Form 14. The Clerk's Office is directed to mail Plaintiff a copy of HID Form 14, which is also available on the Court's website. (MAGISTRATE JUDGE WES REBER PORTER) (jo) COURT'S CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF) |
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| 112 | 112
minutes
Link
Tue 01/07 8:52 AM
EO: The parties are directed to review the General Civil Case Procedures Before Judge Otake posted on the court's website and are expected to comply with the most recent version that is posted. (JUDGE JILL A. OTAKE)(shm) COURT'S CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF) |
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| Monday, January 06, 2025 | ||
| 111 | 111
notice
Notice of Case Reassignment
Mon 01/06 5:17 PM
NOTICE of Case Reassignment: Please reflect new Civil case number CV 25-00002 JAO-WRP on all further pleadings . (eta) |
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| 110 | 110
minutes
Link 1 - Terminate Hearings
Mon 01/06 1:00 PM
EO: In light of the pending Motion to Dismiss, ECF No.87 , the Court VACATES the Status Conference set for 2/28/2025 at 9:00 a.m. before Magistrate Judge Wes Reber Porter. The Court will schedule a Telephonic Rule 16 Scheduling Conference when appropriate. Additionally, the Court DIRECTS the Clerk's Office to reassign this case to a district judge. Magistrate Judge Wes Reber Porter will remain as the magistrate judge. (MAGISTRATE JUDGE WES REBER PORTER) (jo) COURT'S CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF) |
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| 109 | 109
motion
Application for Permission to E-File
Mon 01/06 12:19 PM
Plaintiff's MOTION to File Electronically - by Mike Yellen (eta) |
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Att: 1
Mailing Documentation
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| Friday, January 03, 2025 | ||
| 108 | 108
order
2 - Set Hearings
Fri 01/03 8:24 AM
ORDER SETTING STATUS CONFERENCE for 2/28/2025 at 9:00 AM via ZOOM Teleconference Hearing before MAGISTRATE JUDGE WES REBER PORTER. Signed by CHIEF JUDGE DERRICK K. WATSON on 1/3/2025. (cib) COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF) (cib). (Main Document 108 replaced on 1/3/2025) (cib) |
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| 107 | 107
notice
Notice (Other)
Fri 01/03 8:31 AM
NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE. (cib) COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF) |
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Att: 1
Election Form: Consent to Jurisdiction by U.S. Magistrate Judge
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| 106 | 106
notice
Notice (Other)
Fri 01/03 8:09 AM
NOTICE TO COUNSEL AND NON E-FILERS : The Clerk of Court for the U.S. District Court for the District of Hawaii gives notice that this Court is in receipt of the electronic case record for Civil Case 25-00002 WRP; Yellen et al v. Biden et al , transferred from the U.S. District Court for the Southern District of Texas. Please be advised that this case has been assigned to Magistrate Judge Wes Reber Porter Please reflect Civil Case No. CV 25-00002 WRP on all further filings in this case. Submission of Pro Hac Vice Applications: Please refer to LR83.1(e) of the Local Rules for the District of Hawaii with respect to the submission of applications for pro hac vice admittance and the designation of local counsel (a member in good standing of the bar of this court who maintains an office within this district). The "Motion to Appear Pro Hac Vice and Declaration of Counsel Package" (form HID007-007a) is available on the court's website, www.hid.uscourts.gov . Please refer to the Court's website, www.hid.uscourts.gov for additional information and resources. (cib) COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF) |
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| 105 | 105
notice
Notice of Case Assignment
Fri 01/03 7:42 AM
NOTICE of Case Assignment: Please reflect Civil case number CV 25-00002 WRP on all further pleadings . (cib) COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF) |
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misc
Incomplete Filing
Fri 01/03 10:10 AM
ADVISORY ENTRY regarding108 Order Setting Status Conference. The pdf attached to this entry at filing was incorrect. A corrected PDF has been uploaded and has replaced the incorrect attachment. (cib) |
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misc
Court's Certificate of Service
Fri 01/03 10:52 AM
COURT'S CERTIFICATE of Service - a copy of 105 , 106 ,107 ,108 has been served by First Class Mail to the addresses of record on Pro Se Plaintiff Mike Yellen, Attorney James M Kimbell, Attorney M. Roy Goldberg, Attorney Kendall Kelly Hayden, Attorney Ryan D. Lantry, Attorney Robert Bruce Hurley, Jr., Attorney Kristofor T Henning, Attorney Aimee M Housinger, Attorney Justin C Lee. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (cib) |
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| Thursday, January 02, 2025 | ||
| 104 | 104
transfer
Case Transferred In - District Transfer
Thu 01/02 3:46 PM
Case transferred in from District of Texas Southern; Case Number 3:24-cv-00297. Original file certified copy of transfer order and docket sheet received. |
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| 103 | 103
motion
Joinder
Thu 01/02 11:20 AM
MOTION for Joinder, filed. Motion Docket Date 1/23/2025. (agg3) |
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| 102 | 102
motion
Joinder
Thu 01/02 11:19 AM
MOTION for Joinder, filed. Motion Docket Date 1/23/2025. (agg3) |
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| 101 | 101
motion
Joinder
Thu 01/02 11:18 AM
MOTION for Joinder, filed. Motion Docket Date 1/23/2025. (agg3) |
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| 100 | 100
motion
Joinder
Thu 01/02 11:17 AM
MOTION for Joinder, filed. Motion Docket Date 1/23/2025. (agg3) |
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| Interdistrict transfer to U.S. District Court, District of Hawaii. Case transferred electronically. Case terminated on 1/2/2025, filed. (va3) [Transferred from Texas Southern on 1/2/2025.] | ||
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transfer
Case Transferred Out - District
Thu 01/02 2:10 PM
Interdistrict transfer to U.S. District Court, District of Hawaii. Case transferred electronically. Case terminated on 1/2/2025, filed. (va3) |
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