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General Docket
United States Court of Appeals for the Ninth Circuit
Court of Appeals Docket #: 10-17687 Docketed: 11/26/2010
Nature of Suit: 2440 Other Civil Rights
Oklevueha Native American Chur, et al v. Eric Holder, Jr., et al
Appeal From: U.S. District Court for Hawaii, Honolulu
Fee Status: Paid
Case Type Information:
     1) civil
     2) united states
     3) null
Originating Court Information:
     District: 0975-1 : 1:09-cv-00336-SOM-BMK
     Court Reporter: Debra Kekuna Chun
     Trial Judge: Susan Oki Mollway, Chief District Judge
     Date Filed: 07/22/2009
     Date Order/Judgment:      Date Order/Judgment EOD:      Date NOA Filed:      Date Rec'd COA:
     10/26/2010      10/26/2010      11/24/2010      11/24/2010

11/26/2010 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 12/03/2010. Transcript ordered by 12/27/2010. Transcript due 01/24/2011. Appellant Michael Rex Mooney and Appellant Oklevueha Native American Church of Hawaii, Inc. opening brief due 03/04/2011. Appellee Eric H. Holder Jr., Attorney General, Appellee Michele Leonhart and Appellee Florence T. Nakakuni answering brief due 04/04/2011. Appellant's optional reply brief is due 14 days after service of the answering brief. [7558700] (GR)
12/02/2010 2 Filed (ECF) Appellants Michael Rex Mooney and Oklevueha Native American Church of Hawaii, Inc. Mediation Questionnaire. Date of service: 12/02/2010. [7565722]--[COURT UPDATE: Attached corrected Mediation Questionnaire (original blank). Resent NDA. 12/06/2010 by RY] (MAG)
01/11/2011 3 Filed (ECF) notice of appearance of Lowell V. Sturgill Jr. for Appellees Eric H. Holder, Jr., Michele Leonhart and Florence T. Nakakuni. Date of service: 01/11/2011. [7607385] (LS)
01/11/2011 4 Filed (ECF) notice of appearance of Mark Stern for Appellees Eric H. Holder, Jr., Michele Leonhart and Florence T. Nakakuni. Date of service: 01/11/2011. [7607393] (LS)
01/11/2011 5 Added attorney Lowell Sturgill Jr. for Eric H. Holder Jr. Michele Leonhart Florence T. Nakakuni, in case 10-17687. [7607829] (MT)
02/10/2011 6 Case rejected from Circuit Mediation Program. [7643066] [10-15139, 10-16020, 10-16942, 10-17112, 10-17296, 10-17365, 10-17545, 10-17556, 10-17607, 10-17636, 10-17683, 10-17687, 10-17706, 10-17734, 10-17788, 10-17821, 10-17836, 10-17866, 10-17868, 10-17895, 10-17909, 10-17923, 10-35802, 10-36141, 10-36166, 10-36176, 10-56573, 10-56576, 10-56606, 10-56664, 10-56700, 10-56703, 10-56720, 10-56724, 10-56730, 10-56737, 10-56749, 10-56762, 10-56776, 10-56787, 10-56790, 10-56803, 10-56826, 10-56887, 10-56895, 10-56942, 10-57000, 10-57009, 10-57012, 10-57023, 10-57024, 10-73386, 11-15007, 11-15100, 11-35001, 11-55020, 11-55057, 11-55063, 11-70269] (SB)
03/03/2011 7 14 day oral extension by phone of time to file Appellants Michael Rex Mooney and Oklevueha Native American Church of Hawaii, Inc. brief. Opening brief due 03/18/2011. The answering brief is due 4/18/11. The optional reply brief is due 14 days after service of the appellee brief. [7667679] (CG)
03/17/2011 8 Submitted (ECF) Opening brief for review. Submitted by Appellants Michael Rex Mooney and Oklevueha Native American Church of Hawaii, Inc.. Date of service: 03/17/2011. [7684352]--[COURT UPDATE: Replaced PDF of brief (includes certificate of compliance). Resent NDA. 03/22/2011 by TT] (MAG)
03/21/2011 10 Filed Appellants Michael Rex Mooney and Oklevueha Native American Church of Hawaii, Inc. excerpts of record in 1 volume. No proof of service. [7690627] (GLS)
03/22/2011 9 Filed clerk order: The opening brief [8] submitted by Michael Rex Mooney and Oklevueha Native American Church of Hawaii, Inc. is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a blue cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7689957] (GLS)
03/31/2011 11 Received 7 paper copies of Opening brief [8] filed by Michael Rex Mooney and Oklevueha Native American Church of Hawaii, Inc.. [7700849] (SD)
04/07/2011 12 Filed (ECF) Appellees Eric H. Holder, Jr., Michele Leonhart and Florence T. Nakakuni Unopposed Motion to extend time to file Answering brief until 05/18/2011 at 11:59 pm. Date of service: 04/07/2011. [7708262] (LS)
04/08/2011 13 Filed clerk order (Deputy Clerk:LBS): Appellees’ unopposed motion for an extension of time to file the answering brief is granted. The answering brief is due May 18, 2011. The optional reply brief is due within 14 days after service of the answering brief. [7710123] (SM)
05/18/2011 14 Submitted (ECF) Answering brief for review. Submitted by Appellees Eric H. Holder, Jr., Michele Leonhart and Florence T. Nakakuni. Date of service: 05/18/2011. [7756512] (LS)
05/18/2011 15 Filed clerk order: The answering brief [14] submitted by Eric H. Holder, Jr., Michele Leonhart and Florence T. Nakakuni is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a red cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7756688] (GLS)
05/19/2011 16 Filed Appellees Eric H. Holder, Jr., Michele Leonhart and Florence T. Nakakuni supplemental excerpts of record on appeal in 1 volume. [7761623] (GLS)
05/24/2011 17 Received 7 paper copies of Answering brief [14] filed by Eric H. Holder, Jr.. [7762483] (SD)
06/01/2011 18 Submitted (ECF) Reply brief for review. Submitted by Appellants Michael Rex Mooney and Oklevueha Native American Church of Hawaii, Inc.. Date of service: 06/01/2011. [7770232] (MAG)
06/02/2011 19 Filed clerk order: The reply brief [18] submitted by Michael Rex Mooney and Oklevueha Native American Church of Hawaii, Inc. is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a gray cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7770445] (GLS)
06/13/2011 20 Received 7 paper copies of Reply brief [18] filed by Michael Rex Mooney and Oklevueha Native American Church of Hawaii, Inc.. [7783207] (SD)
11/28/2011 21 Notice of Oral Argument on Wednesday, February 15, 2012 9:00 AM - Courtroom @ Suite 250 - 1132 Bishop Street - Honolulu, Hawaii. Please return ACKNOWLEDGMENT OF HEARING NOTICE form to: SAN FRANCISCO Office. Please open attached documents to view details about your case. [7980304] (RB)
12/16/2011 22 Received Appellants Michael Rex Mooney and Oklevueha Native American Church of Hawaii, Inc. notice regarding Acknowledgment of Hearing Notice (San Francisco). [8004589] (MT)
12/19/2011 23 Filed (ECF) Acknowledgment of hearing notice. Location: Other (Honolulu, Hawaii). Filed by Attorney Lowell Sturgill, Jr. for Appellees Eric H. Holder, Jr., Michele Leonhart and Florence T. Nakakuni. [8004902] (LS)

U.S. District Court
District of Hawaii (Hawaii)
CIVIL DOCKET FOR CASE #: 1:09-cv-00336-SOM-BMK


Oklevueha Native American Church of Hawaii, Inc. et al v. Holder et al
Assigned to: JUDGE SUSAN OKI MOLLWAY
Referred to: Judge BARRY M. KURREN
Case in other court:  Ninth Circuit Court of Appeals, 10-17687
Cause: 28:1331 Federal Question: Other Civil Rights
Date Filed: 07/22/2009
Date Terminated: 10/26/2010
Jury Demand: None
Nature of Suit: 440 Civil Rights: Other
Jurisdiction: U.S. Government Defendant
Plaintiff
Oklevueha Native American Church of Hawaii, Inc. represented by Michael A. Glenn
1188 Bishop St Ste 3101
Honolulu, HI 96813
523-3079
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
 
Plaintiff
Michael Rex Mooney
also known as
Raging Bear		 represented by Michael A. Glenn
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
 

V.
Defendant
Eric H. Holder, Jr.
as U.S. Attorney General 		represented by Derrick K. Watson
Office of the United States Attorney
300 Ala Moana Blvd Ste 6100
Honolulu, HI 96850
808 541-2850
Email: derrick.watson@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

James C. Luh
United States Department of Justice
20 Massachusetts Ave. NW
Washington, DC 20530
202-514-4938
Email: James.Luh@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
 
Defendant
Michele Leonhart
as Acting Administrator of the U.S. Drug Enforcement Administration 		represented by Derrick K. Watson
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

James C. Luh
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
 
Defendant
Edward H. Kubo, Jr.
as U.S. Attorney for the District of Hawaii
TERMINATED: 10/22/2009 		represented by Derrick K. Watson
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

James C. Luh
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
 
Defendant
Florence T. Nakakuni
U.S. Attorney for the District of Hawaii 		represented by Derrick K. Watson
Office of the United States Attorney
Prince Kuhio Federal Building
300 Ala Moana Blvd Ste 6100
Honolulu, HI 96850
808 541-2850
Email: derrick.watson@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

James C. Luh
United States Department of Justice
Civil Division, Federal Programs Branch
20 Massachusetts Ave. NW
Washington, DC 20530
202-514-4938
Email: James.Luh@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
 
07/22/2009 1 COMPLAINT FOR DECLARATORY RELIEF AND FOR PRELIMINARY AND PERMANENT INJUNCTION against all defendants (Filing fee $ 350.) - filed by Oklevueha Native American Church of Hawaii, Inc., Michael Rex Mooney. (Attachments: # 1 Summons issued, # 2 Civil Cover Sheet)(emt, ) (Entered: 07/22/2009)
07/22/2009 2 Order Setting Rule 16 Scheduling Conference for 09:00AM on 10/19/2009 before Judge BARRY M. KURREN - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 7/22/09. (Attachments: # 1 Memo from Clerk Re: Corporate Disclosure Statements)(emt, ) (Entered: 07/22/2009)
07/22/2009 3 Filing fee: $ 350, receipt number 248360 (emt, ) (Entered: 07/22/2009)
08/12/2009 4 RULE 7.1 STATEMENT; Certificate of Service - by Oklevueha Native American Church of Hawaii, Inc. (emt, ) (Entered: 08/12/2009)
09/14/2009 5 NOTICE of Appearance by James C. Luh on behalf of Eric H. Holder, Jr, Michele Leonhart, Edward H. Kubo, Jr on behalf of Eric H. Holder, Jr, Michele Leonhart, Edward H. Kubo, Jr. (Attachments: # 1 Certificate of Service)(Luh, James) (Entered: 09/14/2009)
09/22/2009 6 EO: Rule 16 Scheduling Conference set for 10/19/2009 is CONTINUED to 10/29/2009 at 10:00 AM before Judge BARRY M. KURREN. Scheduling Conference statements due 10/22/2009. (Judge BARRY M. KURREN)(kur1)
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: 09/22/2009)
10/05/2009 7 REPORT OF PARTIES PLANNING MEETING; Certificate of Service - by Oklevueha Native American Church of hawaii, Inc. and Michael Rex "Raging Bear" Mooney. (emt, ) (Entered: 10/06/2009)
10/09/2009 8 SUPPLEMENT re 7 Report of Planning Meeting by Eric H. Holder, Jr, Michele Leonhart, Edward H. Kubo, Jr (Defendants' Supplemental Report). (Attachments: # 1 Certificate of Service)(Luh, James) (Entered: 10/09/2009)
10/13/2009 9 PROOF OF SERVICE [SUMMONS Returned Executed - by Oklevueha Native American Church of Hawaii, Inc., Michael Rex Mooney. Eric H. Holder, Jr served on 8/18/2009, answer due 10/19/2009; Michele Leonhart served on 8/14/2009, answer due 10/13/2009; Edward H. Kubo, Jr served on 8/24/2009, answer due 10/23/2009. (Attachments: # 1 Attachment 1, # 2 Attachment 2, # 3 Certificate of Service)(emt, ) (Entered: 10/14/2009)
10/20/2009 10 NOTICE of Appearance by Derrick K. Watson on behalf of Eric H. Holder, Jr, Michele Leonhart, Edward H. Kubo, Jr on behalf of Eric H. Holder, Jr, Michele Leonhart, Edward H. Kubo, Jr. (Watson, Derrick) (Entered: 10/20/2009)
10/22/2009 11 Scheduling Conference Statement (Defendants' Scheduling Conference Statement). (Attachments: # 1 Certificate of Service)(Luh, James) (Entered: 10/22/2009)
10/22/2009 12 MOTION to Dismiss, MOTION to Dismiss for Lack of Jurisdiction (Defendants' Notice of Motion and Motion to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Claim) James C. Luh appearing for Defendants Eric H. Holder, Jr, Michele Leonhart, Edward H. Kubo, Jr (Attachments: # 1 Defendants' Memorandum in Support of Motion to Dismiss, # 2 Certificate of Service)(Luh, James) (Entered: 10/22/2009)
10/22/2009 13 SCHEDULING CONFERENCE STATEMENT; Certificate of Service - by Oklevueha Native American Church of Hawaii, Inc., Michael Rex "Raging Bear" Mooney. (emt, ) (Entered: 10/22/2009)
10/26/2009 14 NOTICE of Hearing on Motion 12 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction (Defendants' Notice of Motion and Motion to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Claim) MOTION to Dismiss for Lack of Jurisdiction (Defendants' Notice of Motion and Motion to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Claim) :. Motion Hearing set for 1/12/2010 09:00 AM before JUDGE SUSAN OKI MOLLWAY. (tbf, )
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: 10/26/2009)
10/29/2009 15 EP: Rule 16 Scheduling Conference held. New dates and deadlines given, as shown below. Court to prepare order. Bench Trial set for 10/13/2010 at 9:00 AM before JUDGE SUSAN OKI MOLLWAY. Final Pretrial Conference set for 8/31/2010 at 9:00 AM before Judge BARRY M. KURREN. Settlement Conference set for 7/21/2010 at 10:00 AM in chambers before Judge BARRY M. KURREN. Motions due 5/12/2010. Discovery due 8/13/2010. (C6 no record 10:09-10:16 AM.) (Judge BARRY M. KURREN)(kur1)
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: 10/29/2009)
10/30/2009 16 RULE 16 SCHEDULING ORDER - Signed by Judge BARRY M. KURREN on 10/30/09. (emt, )
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: 10/30/2009)
12/29/2009 17 NOTICE by Eric H. Holder, Jr, Florence T. Nakakuni, Michele Leonhart re 12 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction (Defendants' Notice of Motion and Motion to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Claim) MOTION to Dismiss for Lack of Jurisdiction (Defendants' Notice of Motion and Motion to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Claim) (Defendants' Notice Regarding Defendants' Reply in Support of Motion to Dismiss) Eric H. Holder, Jr, Florence T. Nakakuni, Michele Leonhart. (Attachments: # 1 Certificate of Service)(Luh, James) (Entered: 12/29/2009)
01/04/2010 18 EO: Defendants' Motion to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Claim set for 1/12/10 @ 9:00 a.m. is continued to 2/22/10 @ 9:00 a.m. SOM. Parties notified.Ripe deadline re: 12 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction (Defendants' Notice of Motion and Motion to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Claim) MOTION to Dismiss for Lack of Jurisdiction (Defendants' Notice of Motion and Motion to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Claim), 12 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction (Defendants' Notice of Motion and Motion to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Claim) MOTION to Dismiss for Lack of Jurisdiction (Defendants' Notice of Motion and Motion to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Claim). set for 2/22/2010. Motion Hearing set for 2/22/2010 09:00 AM before JUDGE SUSAN OKI MOLLWAY. (JUDGE SUSAN OKI MOLLWAY)(tbf, )
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: 01/04/2010)
01/28/2010 19 MEMORANDUM in Opposition to 12 Defendants' MOTION to Dismiss; Certificate of Service - filed by Michael Rex Mooney, Oklevueha Native American Church of Hawaii, Inc. (emt, ) (Entered: 01/29/2010)
01/28/2010 20 AFFIDAVIT of Michael Rex "Raging Bear" Mooney in Opposition to 12 Defendants' MOTION to Dismiss - by Michael Rex Mooney. ~The affidavit does not bear original signatures. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Certificate of Service)(emt, ) (Entered: 01/29/2010)
02/05/2010 21 REPLY re 12 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction (Defendants' Notice of Motion and Motion to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Claim) MOTION to Dismiss for Lack of Jurisdiction (Defendants' Notice of Motion and Motion to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Claim) (Defendants' Reply in Support of Motion to Dismiss) filed by Eric H. Holder, Jr, Michele Leonhart, Florence T. Nakakuni. (Attachments: # 1 Certificate of Service)(Luh, James) (Entered: 02/05/2010)
02/19/2010 22 INCLINATIONS - by CHIEF JUDGE SUSAN OKI MOLLWAY. (emt, ) (Entered: 02/19/2010)
02/19/2010   COURT'S CERTIFICATE of Service - a copy of 22 "INCLINATIONS" has been served by First Class Mail to the addresses of record on February 19, 2010. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (emt, ) (Entered: 02/19/2010)
02/22/2010 23 EP: Defendants Motion to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Claim 12 -Discussion held re: Michael Glenns possible conflict of interest with his client - objection by Mr. Glenn.Court requests that Mr. Glenn to obtain a written waiver from his client - objection by Mr. Glenn.Mr. Glenn and his client request that the Court proceed with this hearing. Arguments Defendants Motion to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Claim 12 - taken under advisement. Court to issue a written order within the next day or so. Motion Hearing held on 2/22/2010 re 12 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction (Defendants' Notice of Motion and Motion to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Claim) MOTION to Dismiss for Lack of Jurisdiction (Defendants' Notice of Motion and Motion to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Claim) filed by Michele Leonhart, Eric H. Holder, Jr., Edward H. Kubo, Jr., Motions Taken Under Advisement: 12 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction (Defendants' Notice of Motion and Motion to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Claim) MOTION to Dismiss for Lack of Jurisdiction (Defendants' Notice of Motion and Motion to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Claim). (Court Reporter Debra Chun.) (JUDGE SUSAN OKI MOLLWAY)(tbf, ) No COS issued for this docket entry (Entered: 02/22/2010)
02/23/2010 24 Facsimile CONFIRMATION Re: Inclinations sent to Michael Glenn, Esq. on February 19, 2010. (emt, ) (Entered: 02/23/2010)
02/23/2010 25 ORDER DISMISSING COMPLAINT 12 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 2/23/10. (This dismissal of the Complaint on ripeness grounds makes it unnecessary for the court to rule on the other arguments raised by Defendants. Plaintiffs may file an Amended Complaint no later than March 22, 2010. Any Amended Complaint must cure, if it can, the deficiencies outlined by this order, as well as the other alleged deficiencies raised by Defendants in their motion. If Plaintiffs fail to file an Amended Complaint by that date, the Clerk of Court is directed to enter judgment in favor of Defendants.) (emt, ) (Entered: 02/23/2010)
02/24/2010   COURT'S CERTIFICATE of Service - a copy of 25 "ORDER DISMISSING COMPLAINT" has been served by First Class Mail to the addresses of record on February 24, 2010. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (emt, ) (Entered: 02/24/2010)
03/22/2010 26 FIRST AMENDED COMPLAINT FOR DECLARATORY RELIEF AND FOR PERMANENT INJUNCTIVE RELIEF - against Eric H. Holder, Jr, Michele Leonhart, Florence T. Nakakuni filed by Oklevueha Native American Church of Hawaii, Inc., Michael Rex Mooney.(emt, ) (Entered: 03/22/2010)
03/31/2010 27 TRANSCRIPT of Proceedings Motion to Dismiss held on 2/22/10 before Judge Susan Oki Mollway. Court Reporter Debra Chun, Telephone number 808 534-0667. Transcript may be viewed at the court public terminal or ordered through the Court Reporter 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 4/19/2010. Redacted Transcript Deadline set for 4/28/2010. Release of Transcript Restriction set for 6/28/2010. (dc@hid.uscourts.gov) pp. 37. (Entered: 03/31/2010)
04/08/2010 28 MOTION to Dismiss, MOTION to Dismiss for Lack of Jurisdiction (Defendants' Notice of Motion and Motion to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Claim) James C. Luh appearing for Defendants Eric H. Holder, Jr, Michele Leonhart, Florence T. Nakakuni (Attachments: # 1 Memorandum Defendants' Memorandum in Support of Motion to Dismiss, # 2 Certificate of Compliance with Word Limitation, # 3 Certificate of Service)(Luh, James) (Entered: 04/08/2010)
04/08/2010 29 NOTICE of Hearing on Motion 28 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction (Defendants' Notice of Motion and Motion to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Claim) MOTION to Dismiss for Lack of Jurisdiction (Defendants' Notice of Motion and Motion to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Claim) :. Motion Hearing set for 6/21/2010 10:30 AM before JUDGE SUSAN OKI MOLLWAY. (tbf, )
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: 04/08/2010)
04/20/2010 30 EO: At the request of the parties, Status Conference Re: Trial Date and Other Deadlines set for 5/4/2010 @ 9:00 AM before Judge BARRY M. KURREN. Michael A. Glenn and James C. Luh to participate by phone. (Judge BARRY M. KURREN)(tyk)
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: 04/20/2010)
05/04/2010 31 EP: Status Conference Re Trial Date and Other Deadlines held. The following deadlines are vacated: April 12, 2010 - Plaintiff's expert witness disclosure deadline; May 12, 2010 - Dispositive motions deadline; and May 12, 2010 - Defendant's expert witness disclosure deadline. A Status Conference Following Dispositive Motion Hearing and a Rescheduling Conference are set for 7/12/2010 at 9:30 a.m. before Judge Barry M. Kurren. Counsel may participate by phone by notifying Judge Kurren's Courtroom Manager (808-541-1306) of the phone number you will be reachable at for these Conferences.(C6 no record 9:00-9:15am.) (Judge BARRY M. KURREN)(kur2)
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: 05/04/2010)
05/28/2010 32 MEMORANDUM IN OPPOSITION TO 28 DEFENDANT'S SECOND MOTION TO DISMISS; Certificate of Service - filed by Michael Rex Mooney, Oklevueha Native American Church of Hawaii, Inc. (emt, ) (Entered: 05/28/2010)
06/07/2010 33 REPLY to Response to Motion re 28 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction (Defendants' Notice of Motion and Motion to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Claim) MOTION to Dismiss for Lack of Jurisdiction (Defendants' Notice of Motion and Motion to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Claim) (Defendants' Reply in Support of Motion to Dismiss) filed by Eric H. Holder, Jr, Michele Leonhart, Florence T. Nakakuni. (Attachments: # 1 Certificate of Service)(Luh, James) (Entered: 06/07/2010)
06/18/2010   EO: The motion set for hearing on June 21, 2010, will be decided without a hearing, pursuant to Local Rule 7.2(d). Motion Taken Under Advisement: 28 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction (Defendants' Notice of Motion and Motion to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Claim) MOTION to Dismiss for Lack of Jurisdiction (Defendants' Notice of Motion and Motion to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Claim). (JUDGE SUSAN OKI MOLLWAY)(tbf, )
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: 06/18/2010)
06/22/2010 34 ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS FIRST AMENDED COMPLAINT28 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 6/22/2010. ["[T]he court dismisses the preenforcement and tort claims asserted in the First Amended Complaint. The court, however, does not dismiss the claim for the return of or compensation for the cannabis allegedly seized last year."] (afc)
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 June 23, 2010.
(Entered: 06/22/2010)
06/29/2010 35 MOTION for Reconsideration re 34 Order on Motion to Dismiss, Order on Motion to Dismiss/Lack of Jurisdiction,,,,,, (Defendants' Motion for Clarification or Partial Reconsideration of Order Granting in Part and Denying in Part Motion to Dismiss First Amended Complaint) James C. Luh appearing for Defendants Eric H. Holder, Jr, Michele Leonhart, Florence T. Nakakuni (Attachments: # 1 Memorandum, # 2 Certificate of Service)(Luh, James) (Entered: 06/29/2010)
06/29/2010 36 ORDER DENYING MOTION FOR CLARIFICATION OR RECONSIDERATION (DOCKET NO. 35) 35 . Signed by JUDGE SUSAN OKI MOLLWAY on 6/29/10. (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 06/30/2010
(Entered: 06/29/2010)
07/06/2010 37 ANSWER to 26 Amended Complaint (Defendants' Answer to First Amended Complaint) by Eric H. Holder, Jr, Michele Leonhart, Florence T. Nakakuni. (Attachments: # 1 Certificate of Service)(Luh, James) (Entered: 07/06/2010)
07/12/2010 38 EP: Status Conference Following Dispositive Motion Hearing and Rescheduling Conference held. All dates and deadlines are VACATED. New dates and deadlines given, as shown below. Court to prepare an amended scheduling order. Discovery due 1/7/2011. Motions due 10/6/2010. Bench Trial set for 3/8/2011 at 9:00 AM before JUDGE SUSAN OKI MOLLWAY. Final Pretrial Conference set for 1/25/2011 at 9:00 AM before Judge BARRY M. KURREN. Settlement Conference set for 12/17/2010 at 10:30 AM in chambers before Judge BARRY M. KURREN. (C6 no record 9:27-9:33 AM.) (Judge BARRY M. KURREN)(kur1)
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(Entered: 07/12/2010)
07/13/2010 39 AMENDED RULE 16 SCHEDULING ORDER - Signed by Judge BARRY M. KURREN on 7/13/10. (emt, )
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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 shall be served by First Class Mail on July 14, 2010.
(Entered: 07/13/2010)
07/22/2010 40 MOTION to Dismiss for Lack of Jurisdiction, MOTION for Judgment on the Pleadings (Defendants' Notice of Motion and Motion to Dismiss for Lack of Jurisdiction and for Judgment on the Pleadings) James C. Luh appearing for Defendants Eric H. Holder, Jr, Michele Leonhart, Florence T. Nakakuni (Attachments: # 1 Memorandum, # 2 Exhibit A, # 3 Certificate of Service)(Luh, James) (Entered: 07/22/2010)
07/23/2010 41 NOTICE of Hearing on Motion 40 Defendants Eric H. Holder, Jr., Michele Leonhart and Florence T. Nakakuni's MOTION to Dismiss for Lack of Jurisdiction/ MOTION for Judgment on the Pleadings set for hearing 10/25/2010 at 09:00 AM before JUDGE SUSAN OKI MOLLWAY. (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: 07/23/2010)
09/16/2010 42 MOTION for Status Conference (Defendants' Request for Status Conference) James C. Luh appearing for Defendants Eric H. Holder, Jr, Michele Leonhart, Florence T. Nakakuni (Attachments: # 1 Certificate of Service)(Luh, James) (Entered: 09/16/2010)
09/21/2010 43 EO: 42 Defendants' Request for Status Conference is GRANTED. A Status Conference is set for 9/29/2010 at 2:00 p.m. before Judge Barry M. Kurren. (Judge BARRY M. KURREN)(kur2)
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: 09/21/2010)
09/29/2010 44 EP: Status Conference held. Per the agreement of the parties, the deadlines for dispositive motions and expert witness disclosures are CONTINUED to 11/30/2010. (C6 no record 2:00-2:10 PM.) (Judge BARRY M. KURREN)(kur1)
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: 09/29/2010)
10/04/2010 45 MEMORANDUM in Opposition to 40 Defendants' Third MOTION to Dismiss; Certificate of Service - filed by Michael Rex Mooney, Oklevueha Native American Church of Hawaii, Inc. (emt, ) (Entered: 10/05/2010)
10/08/2010 46 REPLY to Response to Motion re 40 MOTION to Dismiss for Lack of Jurisdiction MOTION for Judgment on the Pleadings (Defendants' Notice of Motion and Motion to Dismiss for Lack of Jurisdiction and for Judgment on the Pleadings) MOTION for Judgment on the Pleadings (Defendants' Notice of Motion and Motion to Dismiss for Lack of Jurisdiction and for Judgment on the Pleadings) (Defendants' Reply in Support of Motion to Dismiss and for Judgment on the Pleadings) filed by Eric H. Holder, Jr, Michele Leonhart, Florence T. Nakakuni. (Attachments: # 1 Certificate of Service)(Luh, James) (Entered: 10/08/2010)
10/25/2010 47 EP: Defendants Eric H. Holder, Jr., Michele Leonhart and Florence T. Nakakuni's Motion to Dismiss for Lack of Jurisdiction/Motion for Judgment on the Pleadings 40 -Arguments.Defendants Eric H. Holder, Jr., Michele Leonhart and Florence T. Nakakuni's Motion to Dismiss for Lack of Jurisdiction/Motion for Judgment on the Pleadings 40 - taken under advisement.Court to issue a written order.Motion Hearing held on 10/25/2010 re 40 MOTION to Dismiss for Lack of Jurisdiction MOTION for Judgment on the Pleadings (Defendants' Notice of Motion and Motion to Dismiss for Lack of Jurisdiction and for Judgment on the Pleadings) MOTION for Judgment on the Pleadings (Defendants' Notice of Motion and Motion to Dismiss for Lack of Jurisdiction and for Judgment on the Pleadings) filed by Michele Leonhart, Eric H. Holder, Jr., Florence T. Nakakuni, Motions Taken Under Advisement: 40 MOTION to Dismiss for Lack of Jurisdiction MOTION for Judgment on the Pleadings (Defendants' Notice of Motion and Motion to Dismiss for Lack of Jurisdiction and for Judgment on the Pleadings) MOTION for Judgment on the Pleadings (Defendants' Notice of Motion and Motion to Dismiss for Lack of Jurisdiction and for Judgment on the Pleadings). (Court Reporter Debra Chun.) (JUDGE SUSAN OKI MOLLWAY)(tbf, )No COS issued for this docket entry (Entered: 10/25/2010)
10/26/2010 48 ORDER DISMISSING REMAINING CLAIMS 40 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 10/26/10. (Because there are no claims remaining for adjudication, the Clerk of Court is directed to enter judgment in favor of Defendants and to close this case.) (emt, )
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10/26/2010 49 JUDGMENT entered on 10/26/10 pursuant to 48 ORDER DISMISSING REMAINING CLAIMS. (emt, )
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10/27/2010   EO: In light of the 49 Judgment entered on 10/26/2010, all dates and deadlines are VACATED. (Judge BARRY M. KURREN)(kur2)
CERTIFICATE OF SERVICE
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11/24/2010 50 NOTICE OF APPEAL as to 48 , 49 - by Michael Rex Mooney, Oklevueha Native American Church of Hawaii, Inc.. (Filing fee $ 455.) ~ 9CCA NO. 10-17687(emt, )
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. The Ninth Circuit Court of Appeals received the Notice of Appeal through ECF. (emt, ). (Entered: 11/24/2010)
11/24/2010 51 USCA Appeal Fees received $ 455 receipt number 253611 re 50 Notice of Appeal,, filed by Michael Rex Mooney, Oklevueha Native American Church of Hawaii, Inc. (emt, )
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. The Ninth Circuit Court of Appeals received the payment notification through ECF. (Entered: 11/24/2010)
11/24/2010 52 ATTORNEY APPEAL PACKET re 50 Notice of Appeal filed by Oklevueha Native American Church of Hawaii, Inc., Michael Rex Mooney. (Attachments: # 1 Notice of Appeal, # 2 Instructions for Civil Appeals, # 3 Additional Instructions for Transcript Designation and Ordering Form, # 4 Letter Re: Court Reporters, # 5 Transcript Designation and Ordering Form, # 6 Docket Sheet)(emt, )
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 shall be served by first class mail on November 26, 2010. (Entered: 11/24/2010)
11/26/2010 53 USCA Case Number 10-17687 for 50 Notice of Appeal filed by Michael Rex Mooney, Oklevueha Native American Church of Hawaii, Inc. (emt, ) (Entered: 11/29/2010)
11/26/2010 54 USCA TIME SCHEDULE ORDER as to 50 Notice of Appeal filed by Michael Rex Mooney, Oklevueha Native American Church of Hawaii, Inc.; 9CCA NO. 10-17687. (emt, )
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 shall be served by first class mail on November 30, 2010. A copy of this order was forwarded to Debra Chun, Court Reporter through interoffice delivery. (Entered: 11/29/2010)