Case: Walsh v. City and County of Honolulu

1:05-cv-00378 | U.S. District Court for the District of Hawaii

Filed Date: June 9, 2005

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On June 9, 2005, a group of individuals whose applications for employment with the City and County of Honolulu had been rejected brought a class action lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court District of Hawaii to challenge constitutionality of Hawaii's statutory pre-employment residency requirement for public employment. The law in question, Hawaii Revised Statute Section 78-1(c), provided: All persons seeking employment with the government of the State or in the servi…

On June 9, 2005, a group of individuals whose applications for employment with the City and County of Honolulu had been rejected brought a class action lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court District of Hawaii to challenge constitutionality of Hawaii's statutory pre-employment residency requirement for public employment. The law in question, Hawaii Revised Statute Section 78-1(c), provided:

All persons seeking employment with the government of the State or in the service of any county shall be citizens, nationals, or permanent resident aliens of the United States, or eligible under federal law for unrestricted employment in the United States, and residents of the State at the time of their application for employment and as a condition of eligibility for continued employment. "Resident" means a person who is physically present in the State at the time the person claims to have established the person's domicile in the State and shows the person's intent is to make Hawaii the person's permanent residence. In determining this intent, the following factors shall be considered:

(1) Maintenance of a domicile or permanent place of residence in the State;

(2) Absence of residency in another state; and

(3) Former residency in the State.

Plaintiffs, represented by the ACLU of Hawaii, argued that to be unconstitutional because it had the impermissible purpose of deterring migration into the State. They sought an injunction to bar enforcement of the law.

The District Court (Judge David Alan Ezra) granted plaintiffs' motion for a preliminary injunction. Walsh v. City and County of Honolulu, 423 F.Supp.2d 1094 (D.Hawaii 2006). Plaintiffs then filed motions for summary judgment and for permanent injunction to enjoin enforcement of the law. Judge Ezra found the law to be unconstitutional and granted plaintiffs' motions. Defendants' counter motion for summary judgment was denied. Walsh v. City and County of Honolulu, 460 F.Supp.2d 1207 (D.Hawai'i 2006).

Defendants appealed. While the appeal was pending, the challenged provisions of the law were repealed by 2007 Hawaii Laws Act 52 (H.B. 1750). The state then filed an unopposed motion to vacate the district court judgment, due to mootness, which was granted by the Ninth Circuit. The case was remanded to the District Court for closing. Plaintiffs were awarded $135,801.24 in attorney's fees and costs.

Summary Authors

Dan Dalton (10/6/2007)

Carlos Torres (6/30/2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4630515/parties/walsh-v-nakamatsu/


Judge(s)

Ezra, David Alan (Hawaii)

Kobayashi, Leslie Emi (Hawaii)

Attorney for Plaintiff
Attorney for Defendant

Aina, Charleen (Hawaii)

Bennett, Mark Jeremy (Hawaii)

Halvorson, James Earl (Hawaii)

show all people

Documents in the Clearinghouse

Document

1:05-cv-00378

Docket [PACER]

Walsh v. Nakamatsu

Sept. 5, 2007

Sept. 5, 2007

Docket
65

1:05-cv-00378

Order Granting Plaintiffs' Motion for Preliminary Injunction

Feb. 1, 2006

Feb. 1, 2006

Order/Opinion

423 F.Supp.2d 423

79

1:05-cv-00378

Third Amended Class Action Complaint for Declaratory and Injunctive Relief

March 13, 2006

March 13, 2006

Complaint

1:05-cv-00378

Opinion

June 14, 2006

June 14, 2006

Order/Opinion

2006 WL 2006

153

1:05-cv-00378

Amended Order Granting Plaintiffs' Motion for Summary Judgment and Denying Defendants' Counter Motion for Summary Judgment

July 3, 2006

July 3, 2006

Order/Opinion

460 F.Supp.2d 460

164

1:05-cv-00378

Permanent Injunction Order Enjoining Enforcement of H.R.S (78-1(c)) and the Policies and Practices Based Thereon

July 14, 2006

July 14, 2006

Order/Opinion
175

1:05-cv-00378

Errata to Amended Order Granting Plaintiffs' Motion for Summary Judgment and Denying Defendants' Counter Motion for Summary Judgment

Aug. 16, 2006

Aug. 16, 2006

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4630515/walsh-v-nakamatsu/

Last updated Jan. 28, 2024, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for declaratory and injunctive relief and monetary damages; exhibits a-c; and Summons in a civil case (ecs) (Entered: 06/13/2005)

June 9, 2005

June 9, 2005

2

ORDER by Judge David A. Ezra rule 16 conference set for 9:00 9/12/05 before Mag Judge Kevin S. Chang (ecs) (Entered: 06/13/2005)

June 9, 2005

June 9, 2005

FILING FEE PAID in the amount of $ 250.00, receipt # 229834 (ecs) (Entered: 06/13/2005)

June 9, 2005

June 9, 2005

3

FIRST AMENDED COMPLAINT for declaratory relief and monetary damages; exhibits a-e; summons in a civil case [1-1] by plaintiff Kevin R. Walsh; adding Blane M. Wilson, Kathleen N.A. Watanabe (ecs) (Entered: 07/08/2005)

July 6, 2005

July 6, 2005

4

ORDER of RECUSAL by Mag Judge Kevin S. Chang KSC recusing, reassigned to LEK (cc: all counsel and CRMs) (ecs) (Entered: 07/21/2005)

July 20, 2005

July 20, 2005

5

RETURN OF SERVICE executed upon defendant Mark J. Bennett (Mark M. Nomura for Mark J. Bennett, in his official capacity as Atty General) on 7/6/05 (ecs) (Entered: 07/22/2005)

July 20, 2005

July 20, 2005

7

RETURN OF SERVICE (First Amended) executed upon defendant Kathleen N.A. Watanabe, Director, Dept of Human Resources on 7/6/05 (ecs) (Entered: 07/22/2005)

July 20, 2005

July 20, 2005

8

RETURN OF SERVICE executed upon defendant City and County of H (via Reid Yamashiro) on 7/6/05 (ecs) (Entered: 07/22/2005)

July 20, 2005

July 20, 2005

9

RETURN OF SERVICE (First Amended) executed upon defendant City and County of H (Reid Yamashiro for City)on 7/6/05 (ecs) (Entered: 07/22/2005)

July 20, 2005

July 20, 2005

10

RETURN OF SERVICE executed upon defendant Kenneth Y. Nakamatsu, Director, City and County, Dept of Human Resources on 7/6/05 (ecs) (Entered: 07/22/2005)

July 20, 2005

July 20, 2005

11

RETURN OF SERVICE (First Amended) executed upon defendant Kenneth Y. Nakamatsu, Director, City and County of Honolulu, Dept of Human Resources on 7/6/05 (ecs) (Entered: 07/22/2005)

July 20, 2005

July 20, 2005

12

FIRST STIPULATION and ORDER by Judge David A. Ezra on behalf of defendants extending time for filing of answer or response to first amended complaint and setting briefing schedule (emt) (Entered: 07/27/2005)

July 25, 2005

July 25, 2005

13

REPORT OF PARTIES PLANNING MEETING; certificate of service - by plaintiff Kevin R. Walsh, plaintiff Blane M. Wilson (ecs) (Entered: 08/30/2005)

Aug. 26, 2005

Aug. 26, 2005

14

STIPULATION to file second amended complaint , related dates and Order; Exhibit 1 - by Mag Judge Leslie E. Kobayashi filed by plaintiff[3-1] (ecs) (Entered: 09/01/2005)

Aug. 29, 2005

Aug. 29, 2005

15

SECOND AMENDED COMPLAINT for declaratory and injunctive relieft; exhibits a-e; summons - [3-1], [1-1] by plaintiff Kevin R. Walsh, plaintiff Blane M. Wilson terminating defendant Kathleen N.A. Watanabe, defendant Kenneth Y. Nakamatsu; adding Marie Laderta (ecs) (Entered: 09/02/2005)

Aug. 31, 2005

Aug. 31, 2005

16

CERTIFICATE of service by plaintiff Kevin R. Walsh, plaintiff Blane M. Wilson (ecs) (Entered: 09/02/2005)

Sept. 1, 2005

Sept. 1, 2005

17

SCHEDULING CONFERENCE STATEMENT; certificate of service - by defendant City and County of H (ecs) (Entered: 09/02/2005)

Sept. 2, 2005

Sept. 2, 2005

18

State Defendants'SCHEDULING CONFERENCE STATEMENT; certificate of service - by defendant Mark J. Bennett, defendant Marie Laderta (ecs) (Entered: 09/07/2005)

Sept. 2, 2005

Sept. 2, 2005

19

Plaintiffs' SCHEDULING CONFERENCE STATEMENT; certificate of service - by plaintiff Kevin R. Walsh, plaintiff Blane M. Wilson (ecs) (Entered: 09/07/2005)

Sept. 2, 2005

Sept. 2, 2005

20

INITIAL DISCLOSURES (FRCP RULE 26); certificate of service by defendant City and County of H (ecs) (Entered: 09/13/2005)

Sept. 9, 2005

Sept. 9, 2005

22

INITIAL DISCLOSURES; certificate of service by State Defendants (ecs) (Entered: 09/13/2005)

Sept. 9, 2005

Sept. 9, 2005

23

ANSWER to second amended complaint; certificate of service - by state defendants to [15-1] (ecs) (Entered: 09/13/2005)

Sept. 9, 2005

Sept. 9, 2005

24

EP :Rule 16 Scheduling Conference held. 1. Non-jury trial on July 18, 2006 at 9:00 a.m. before DAE 2. Final Pretrial Conference on June 6, 2006 at 9:00 a.m. before LEK 3. Final Pretrial Conference before District Judge N/A 4. Final Pretrial Statement by May 30, 2006 5. File motions to Join/Add Parties/Amend Pleadings by December 16, 2005 6. File other Non-Dispositive Motions by April 19, 2006 7. File Dispositive Motions by February 15, 2006 8a. File Motions in Limine by June 27, 2006 8b. File opposition memo to a Motion in Limine by July 5, 2006 11a. Plaintiff's Expert Witness Disclosures by January 16, 2006 11b. Defendant's Expert Witness Disclosures by February 15, 2006 12. Discovery deadline May 19, 2006 13. Settlement Conference set for February 2, 2006 at 2:00 p.m. before LEK 14. Settlement Conference statements by January 26, 2006 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 27, 2006 24. Exchange Exhibit and Demonstrative aids by June 20, 2006 25. Stipulations re: Authenticity/Admissibility of Proposed Exhibits by June 27, 2006 26. File objections to the Exhibits by July 5, 2006 28a. File Deposition Excerpt Designations by June 27, 2006 28b. File Deposition Counter Designations and Objections by July 5, 2006 29. File Trial Brief by July 5, 2006 30. File Findings of Fact & Conclusions of Law by July 5, 2006 Other Matters: Status Conference/Settlement Conference set for 2:00 1/6/06, LEK. A copy of the Rule 16 Scheduling Order mailed to all parties. ; Trial set for 9:00 7/18/06 before Judge David A. Ezra , ; final pretrial conference set for 9:00 6/6/05 ; Discovery ddl set for 5/19/06 ; Motion filing ddl set for 2/15/06 ; settlement/status conference set for 2:00 1/6/06 in court hearing set for 2:00 2/2/06 ; rule 16 conference held on 9:00 9/12/05 before Mag Judge Leslie E. Kobayashi ( Ct Rptr : C7-no record) JUDGE Mag Judge Leslie E. Kobayashi (ecs) (Entered: 09/14/2005)

Sept. 12, 2005

Sept. 12, 2005

25

ANSWER to second amended complaint for declaratory and injunctive relief filed August 31, 2005; certificate of service by defendant City and County of H [15-1] (ecs) (Entered: 09/14/2005)

Sept. 12, 2005

Sept. 12, 2005

26

EO : Continued : [Status Conference Re: ADR] from 01/06/2006 02:00:00 PM to 02/21/2006 02:00:00 PM before LEK. Stipulation to follow. ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (ecs) (Entered: 09/20/2005)

Sept. 15, 2005

Sept. 15, 2005

27

EO : Continued : [Settlement Conference] from 02/02/2006 02:00:00 PM to 03/23/2006 02:00:00 PM before LEK. Stipulation to follow. ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (ecs) (Entered: 09/20/2005)

Sept. 15, 2005

Sept. 15, 2005

28

FIRST STIPULATION regarding schedule for plaintiffs' motion for preliminary injunction and order and ORDER by Judge David A. Ezra : Mtn to be filed on or before November 3, 2005 and will be heard on December 19, 2005 9:45 am before DAE [14-2] ; settlement/status conference set for 2:00 2/21/06 ; In hearing set for 2:00 3/23/06 before Mag Judge Leslie E. Kobayashi (ecs) (Entered: 09/20/2005)

Sept. 16, 2005

Sept. 16, 2005

29

RULE 16 SCHEDULING ORDER Mag Judge Leslie E. Kobayashi (cc: all counsel) (ecs) (Entered: 09/20/2005)

Sept. 16, 2005

Sept. 16, 2005

30

CERTIFICATE of service by plaintiff Kevin R. Walsh, plaintiff Blane M. Wilson (ecs) (Entered: 10/03/2005)

Sept. 30, 2005

Sept. 30, 2005

31

CERTIFICATE of service by plaintiff Kevin R. Walsh, plaintiff Blane M. Wilson (ecs) (Entered: 10/04/2005)

Oct. 3, 2005

Oct. 3, 2005

32

CERTIFICATE of service by defendant City and County of H (ecs) (Entered: 11/03/2005)

Nov. 1, 2005

Nov. 1, 2005

34

CERTIFICATE of service by defendant City and County of H, defendant Mark J. Bennett, defendant Marie Laderta (ecs) (Entered: 11/09/2005)

Nov. 3, 2005

Nov. 3, 2005

35

NOTICE OF MOTION and motion by plaintiff Kevin R. Walsh, plaintiff Blane M. Wilson for preliminary injunction ; memorandum in support of motion for preliminary injunction; certification of Lois K. Perrin pursuant to Local Rule 7.5 (e); declaration of Lois K. Perrin, exhibits 1-23; declaration of Kevin R. Walsh (fax), exhibits 1-4; declaration of Blane M. Wilson (fax), exhibits 1-3; certificate of service - set for 9:45 12/19/05 before Judge David A. Ezra (ecs) (Entered: 11/09/2005)

Nov. 3, 2005

Nov. 3, 2005

36

CERTIFICATE of service by defendant City and County of H, defendant Mark J. Bennett, defendant Marie Laderta (ecs) (Entered: 11/09/2005)

Nov. 3, 2005

Nov. 3, 2005

33

CERTIFICATE of service by defendant City and County of H, defendant Mark J. Bennett, defendant Marie Laderta (ecs) (Entered: 11/09/2005)

Nov. 4, 2005

Nov. 4, 2005

37

DISCOVERY ORDER by Mag Judge Leslie E. Kobayashi (cc: all counsel): court grants in part and denies in part plaintiffs' request to compel and the city and state defts are hereby ordered to produce pursuant to a stipulated protective order: (1) list of applicants at the time the application was made by no later than November 22, 2005, 4:00 pm (2) copies of docs responsive to pla's doc request with the applicant's personal information redacted, etc. Production of docs shall be made by later than January 23, 2006, 4:00 pmm (ecs) (Entered: 11/10/2005)

Nov. 7, 2005

Nov. 7, 2005

38

SUBMISSION by plaintiff Kevin R. Walsh, plaintiff Blane M. Wilson of original signature of Kevin R. Walsh and Blane Wilson pursuant to local rule 10.2(e); exhibits 1-2; certificate of service [35-1] (ecs) (Entered: 11/14/2005)

Nov. 10, 2005

Nov. 10, 2005

39

AMENDED DISCOVERY ORDER by Mag Judge Leslie E. Kobayashi re [37- 1] (cc: all counsel) - The Court grants in part and denies in part plaintiffs' request to compel and the City and State defendants are hereby ordered to produce: (1) a list containing the first initial and last names of the applicants, and the city and state, or city, province and country of the applicants' home addresses at the time that the application was made by no later than November 22, 2005, 4:00pm; (2) copies of documents responsive to plaintiffs' document request with the applicants' personal information redacted. Such personal information shall include family members' names, home addresses (except as ordered by the Court), birth dates, social security numbers, credit card numbers, educational and professional work histories, medical information and history, drivers' licenses, financial information, income tax returns, motor vehicle registration, and voter registration records. This production of documents shall be made by no later than January 23, 2006, 4:00 pm. (emt) (Entered: 11/17/2005)

Nov. 10, 2005

Nov. 10, 2005

40

State Defendants' motion to exceed word limits; declaration of Deirdre Marie- Iha; ORDER by Judge David A. Ezra granting State Defendant's motion to exceed work limits; certificate of service (sealed) (Entered: 11/17/2005)

Nov. 17, 2005

Nov. 17, 2005

STATE DEFENDANTS'MEMORANDUM by defendant Mark J. Bennett, defendant Marie Laderta in opposition to plaintiffs'motion for preliminary injunction; certification of Deidrdre Marie-Iha pursuant to local rule 7.5(e); declaration of Janice T. Kemp; exhibits 1-4; declaration of Mark J. Bennett declaration of Wayne M. Horie; certificate of service [35-1] (ecs) Modified on 11/22/2005 (Entered: 11/22/2005)

Nov. 21, 2005

Nov. 21, 2005

42

MEMORANDUM by defendant City and County of H in opposition to plaintiffs' motion for preliminary injunction filed November 3, 2005; declaration of Jo-Ann K. Zukeran-Lyman; exhibits 1-3; declaration of Lois S.E. Yoshikawa; declaration of Denise C. De Costa; exhibits 1-5; declaration of Kenneth Y. Nakamatsu; certificate of service [35-1] (ecs) (Entered: 11/22/2005)

Nov. 21, 2005

Nov. 21, 2005

41

STATE DEFENDANTS'MEMORANDUM by defendant Mark J. Bennett, defendant Marie Laderta in opposition to plaintiffs'motion for preliminary injunction [35-1]; certification of Deirdre Marie-Iha pursuant to local rule 7.5(e); declaration of Janice T. Kemp; exhibits 1-3; declaration of Mark J. Bennett; declaration of Wayne M. Horie; certificate of service (ecs) (Entered: 11/22/2005)

Nov. 21, 2005

Nov. 21, 2005

43

CERTIFICATE of service by defendant Mark J. Bennett, defendant Marie Laderta (ecs) (Entered: 11/22/2005)

Nov. 22, 2005

Nov. 22, 2005

44

STIPULATION and ORDER by Mag Judge Leslie E. Kobayashi : to extend time for defendants to produce lists of applicants from November 22, 2005 to December 1, 2005 : defts shall have until the morning of December 1, 2005 to hand deliver their respective lists to Plaintiffs' counsel (ecs) (Entered: 11/22/2005)

Nov. 22, 2005

Nov. 22, 2005

45

NOTICE OF UNOPPOSED NON HEARING MOTION; plaintiffs' unopposed motion to exceed word limit for reply memorandum ; declaration of Lois K. Perrin; PROPOSED ORDER granting plaintffs' unopposed motion to exceed work limit for reply memorandum; certificate of service - by plaintff Kevin R. Walsh and Blane M. Wilson referred to Judge David A. Ezra (ecs) (Entered: 12/02/2005)

Nov. 29, 2005

Nov. 29, 2005

46

ORDER by Judge David A. Ezra granting plaintiffs' unopposed motion to exceed word limit for reply memorandum [45-1] (ecs) (Entered: 12/02/2005)

Nov. 29, 2005

Nov. 29, 2005

47

ERRATA by defendant City and County of H to defendant City and County of Honolulu's memorandum in opposition to plaintiff's motion for preliminary injuction filed November 3, 2005, filed November 21, 2005; certificate of service [35-1] (ecs) (Entered: 12/02/2005)

Nov. 30, 2005

Nov. 30, 2005

49

CERTIFICATE of service by defendant Mark J. Bennett, defendant Marie Laderta (ecs) (Entered: 12/02/2005)

Dec. 1, 2005

Dec. 1, 2005

50

CERTIFICATE of service by defendant Mark J. Bennett, defendant Marie Laderta (ecs) (Entered: 12/02/2005)

Dec. 2, 2005

Dec. 2, 2005

51

ORDER OF ENTRY: MINUTES EO: COURT ORDER:On December 2, 2005, the parties submitted the Stipulation to Seal Document and to Re-File Document with Redacted Exhibits and Order ("Stipulation"). The Court construes the Stipulation as the parties' request to have Defendant City and County of Honolulu's Memorandum in Opposition to Plaintiff's Motion for Preliminary Injunction sealed and to permit the parties to substitute a redacted document in place of the sealed document. The request is hereby DENIED.The parties may wish to consider filing a request to withdraw Exhibit 4 and to substitute it with Exhibit 4A, a redacted version of Exhibit 4. If the parties desire to do so, such a request should be made in writing and submitted to District Judge David Alan Ezra.In the event of future submissions under seal, the Court hopes that the parties will continue to be mindful of the burden imposed by Rule 26(c) - that the party seeking a protective order must make a particular showing of good cause. See Fed. R. Civ. P. 26(c). Further, [a] party asserting good cause bears the burden, for each particular document it seeks to protect, of showing that specific prejudice or harm will result if no protective order is granted. Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1130 (9th Cir. 2003) (citations omitted).IT IS SO ORDERED.Cc: all counsel. Ordered by Judge LESLIE E KOBAYASHI on 12/5/05. (ecs, ) Modified on 12/12/2005 to link to doc. 53(ecs, ). (Entered: 12/12/2005)

Dec. 5, 2005

Dec. 5, 2005

52

MODIFIED STIPULATED CONFIDENTIALITY AGREEMENT AND ORDER. Signed by Judge LESLIE E KOBAYASHI on 12/5/05. (ecs, ) (Entered: 12/12/2005)

Dec. 5, 2005

Dec. 5, 2005

53

STIPULATION to seal document and to re-file document with redacted exhibits and AND ORDER - DENIED. DENIED by Judge LESLIE E KOBAYASHI on 12/5/05. (ecs, ) (Entered: 12/12/2005)

Dec. 5, 2005

Dec. 5, 2005

54

PLAINTIFFS' REPLY MEMORANDUM IN SUPPORT of [35] Motion for Preliminary Injunction; certification of Word Count; Supplemental Declaration of Lois K. Perrin, Exs. 1-3; Certificate of Service filed by Kevin R. Walsh, Blane M. Wilson. (ecs, ) (Entered: 12/12/2005)

Dec. 5, 2005

Dec. 5, 2005

55

MINUTES: EO Plaintiffs' Motion for Preliminary Injunction has been continued from 12/20/05 9:45 am to 1/30/06 10:30 am before DAE. cc: all counsel. - by Judge DAVID ALAN EZRA on 12/9/05. (ecs, ) (Entered: 12/20/2005)

Dec. 9, 2005

Dec. 9, 2005

Set/Reset Deadlines as to [35] Motion for Preliminary Injunction. Motion Hearing set for 1/30/2006 10:30 AM before JUDGE DAVID ALAN EZRA. (ecs, ) (Entered: 12/20/2005)

Dec. 9, 2005

Dec. 9, 2005

57

CERTIFICATE OF SERVICE by City and County of Honolulu (ecs, ) (Entered: 01/05/2006)

Jan. 4, 2006

Jan. 4, 2006

58

STIPULATION TO EXTEND TIME FOR DEFENDANTS TO PRODUCE REDACTED APPLICANT RECORDS FROM JANUARY 23, 2006 TO FEBRUARY 22, 2006; ORDER [39] . Signed by Judge LESLIE E KOBAYASHI on 1/6/06. (ecs, ) (Entered: 01/11/2006)

Jan. 6, 2006

Jan. 6, 2006

59

EO: Settlement Conference set for 3/23/2006 02:00 PM is continued to 4/26/2006 02:00 PM before JUDGE LESLIE E KOBAYASHI. Confidential Settlement Conference Statements are now due 4/19/2006. (Judge LESLIE E KOBAYASHI )(wnn, ) (Entered: 01/17/2006)

Jan. 17, 2006

Jan. 17, 2006

60

CERTIFICATE OF SERVICE by City and County of Honolulu, Mark J. Bennett, Marie Laderta (ecs, ) (Entered: 01/20/2006)

Jan. 17, 2006

Jan. 17, 2006

61

EP: Motion Hearing held on 1/30/2006 re [35] Motion for Preliminary Injunction filed by Kevin R. Walsh, Blane M. Wilson, Motions Taken Under Advisement: [35] Motion for Preliminary Injunction. (Court Reporter Cynthia Fazio.) (Judge DAVID ALAN EZRA )(tl, ) (Entered: 01/30/2006)

Jan. 30, 2006

Jan. 30, 2006

62

EO: Parties are in agreement to continue trial and all deadlines which have not expired. New trial date and deadlines given. Bench Trial set for 9/19/2006 09:00 AM before JUDGE DAVID ALAN EZRA. Final Pretrial Conference set for 8/8/2006 09:00 AM before JUDGE LESLIE E KOBAYASHI. Settlement Conference set for 6/30/2006 02:00 PM before JUDGE LESLIE E KOBAYASHI. Status Conference re: ADR set for 4/26/2006 02:00 PM before JUDGE LESLIE E KOBAYASHI. Motions due by 4/19/2006. Discovery due by 7/21/2006. (Judge LESLIE E KOBAYASHI )(wnn, ) (Entered: 01/30/2006)

Jan. 30, 2006

Jan. 30, 2006

63

Rule 16 SCHEDULING ORDER:Signed by Judge LESLIE E KOBAYASHI on 1/30/06. (ecs, ) (Entered: 01/30/2006)

Jan. 30, 2006

Jan. 30, 2006

COURT'S CERTIFICATE of Service - a copy of 63 Rule 16 Scheduling Order has been served by First Class Mail to Charleen Aina, Esq.; James Earl Halvorson, Esq.; Michael K. Livingston, Esq.; Deirdre Marie-Iha, Esq.; Richard H. Thomason, Esq.; Anne L. Williams, Esq.; Donna M. Woo, Esq. at the addresses of record on 1/30/06. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (ecs, ) (Entered: 01/30/2006)

Jan. 30, 2006

Jan. 30, 2006

64

Declaration of Deirdre Marie-Iha. (Attachments: # 1 Exhibit A, # 2 Certificate of Service)(ecs) (Entered: 01/31/2006)

Jan. 30, 2006

Jan. 30, 2006

Motions Taken Under Advisement: [35] Motion for Preliminary Injunction (ecs, ) (Entered: 02/01/2006)

Feb. 1, 2006

Feb. 1, 2006

65

ORDER granting Plaintiffs' Motion for Preliminary Injunction [35] . Signed by Judge DAVID ALAN EZRA on 2/1/06. (ecs, ) (Entered: 02/01/2006)

Feb. 1, 2006

Feb. 1, 2006

COURT'S CERTIFICATE of Service - a copy of 65 Order Granting Plaintiffs' Motion for Preliminary Injunction filed on 2/1/06 has been served by First Class Mail to Charleen M. Aina, Esq.; James E. Halvorson, Esq.; Michael K. Livingston, Esq.; Deirdre Marie-Iha, Esq.; Richard H. Thomason, Esq.; Anne L. Williams, Esq.; Donna M. Woo, Esq. at the addresses of record on 2/1/06. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (ecs, ) (Entered: 02/01/2006)

Feb. 1, 2006

Feb. 1, 2006

66

REQUEST Submission of Plaintiffs' [Proposed] Preliminary Injunction Order Enjoining Enforcement of HRS 78-1(c) and the Policies and Practices Based Thereon Pursuant to LR 58.2 by Kevin R. Walsh, Blane M. Wilson. (Attachments: # 1 Exhibit 1: Plaintiffs' [Proposed] Preliminary Injunction Order Enjoining Enforcement of HRS 78-1(c) and the Policies and Practices Based Thereon)(Perrin, Lois) (Entered: 02/02/2006)

Feb. 2, 2006

Feb. 2, 2006

67

CERTIFICATE OF SERVICE by Kevin R. Walsh, Blane M. Wilson re 66 Request, Pursuant to LR 58.2 of Plaintiffs' Submission of [Proposed] Preliminary Injunction Order Enjoining Enforcement of HRS 78-1(c) and the Policies and Practices Based Thereon (Perrin, Lois) (Entered: 02/02/2006)

Feb. 2, 2006

Feb. 2, 2006

68

TRANSCRIPT of Proceedings Plaintiffs' Motion for Preliminary Injunction held on 1/30/06 before Judge David Alan Ezra. Court Reporter: Cynthia Fazio. (cf@hid.uscourts.gov) (Entered: 02/02/2006)

Feb. 2, 2006

Feb. 2, 2006

69

REQUEST PLAINTIFFS? SUBMISSION OF REVISED [PROPOSED] PRELIMINARY INJUNCTION ORDER ENJOINING ENFORCEMENT OF H.R.S. ? 78-1(c) AND THE POLICIES AND PRACTICES BASED THEREON, EXHIBIT 1 by Kevin R. Walsh, Blane M. Wilson. (Attachments: # 1 Exhibit 1: [Proposed] Preliminary Injunction Order Enjoining Enforcement of HRS 78-1(c) and the Policies and Practices Based Thereon)(Perrin, Lois) (Entered: 02/09/2006)

Feb. 9, 2006

Feb. 9, 2006

70

CERTIFICATE OF SERVICE by Kevin R. Walsh, Blane M. Wilson re 69 Request, PLAINTIFFS? SUBMISSION OF REVISED [PROPOSED] PRELIMINARY INJUNCTION ORDER ENJOINING ENFORCEMENT OF H.R.S. ? 78-1(c) AND THE POLICIES AND PRACTICES BASED THEREON, EXHIBIT 1 (Perrin, Lois) (Entered: 02/09/2006)

Feb. 9, 2006

Feb. 9, 2006

71

PRELIMINARY INJUNCTION ORDER Enjoining Enforcement of H.R.S. Section 78-1(c) and the Policies and Practices Based Thereon. Signed by Judge DAVID ALAN EZRA on 2/10/06. (ecs, ) (Entered: 02/13/2006)

Feb. 13, 2006

Feb. 13, 2006

COURT'S CERTIFICATE of Service - a copy of 71 Preliminary Injunction ORDER Enjoining Enforcement of H.R.S. Section 78-1(c) and the Policiess and Practices Based Thereon, has been served by First Class Mail to Charleen M. Aina/James E. Halvorson/Deirdre Marie-Iha/Richard H. Thomason; Anne L. Williams; Donna Woo at the addresses of record on 2/13/06. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (ecs, ) (Entered: 02/13/2006)

Feb. 13, 2006

Feb. 13, 2006

72

State Defendants' MOTION to Extend Time in Which to File NOTICE OF APPEAL as to 65 Order on Motion for Preliminary Injunction by Mark J. Bennett, Marie Laderta. (Attachments: # 1 Memorandum in Support of Motion to Extend Time in Which to File Notice of Appeal, # 2 Declaration of Deirdre Marie-Iha and Certificate of Service)(ecs, ) [cc: DAE] (Entered: 02/21/2006)

Feb. 17, 2006

Feb. 17, 2006

73

STATEMENT of No Opposition to State Defendants' Motion to Extend Time in Which to File Notice of Appeal filed by Kevin R. Walsh, Blane M. Wilson. (Perrin, Lois) (Entered: 02/21/2006)

Feb. 21, 2006

Feb. 21, 2006

74

CERTIFICATE OF SERVICE by Kevin R. Walsh, Blane M. Wilson re 73 Statement of No Opposition To State Defendants' Motion to Extend Time In Which To File Notice of Appeal (Perrin, Lois) (Entered: 02/21/2006)

Feb. 21, 2006

Feb. 21, 2006

76

Defendant City and County of Honolulu's STATEMENT of Non Opposition to State Defendants' 72 MOTION to Extend Time in which to file Notice of Appeal; Certificate of Service - filed by City and County of Honolulu. (ecs, ) (Entered: 02/24/2006)

Feb. 22, 2006

Feb. 22, 2006

75

ORDER granting 72 State Defendants' Motion to Extend Time in which to File Notice of Appeal as to 65 Order on Motion for Preliminary Injunction. Appeal due by 4/2/2006. Signed by Judge DAVID ALAN EZRA on 2/22/06. (ecs, ) (Entered: 02/23/2006)

Feb. 23, 2006

Feb. 23, 2006

77

STIPULATION Re: Defendants Completion of Plaintiffs' First Request for Answers to Interrogatories to Defendant Marie Laderta, First Request for Answers to Interrogatories to City and County of Honolulu, First Set of Requests for Productions of Documents and Things to Defendants Mark J. Bennett and Marie Laderta, First Set of Requests for Productions of Documents and Things to Defendant City and County of Honolulu; ORDER. Signed by Judge LESLIE E KOBAYASHI on 2/23/06. (ecs, ) (Entered: 02/24/2006)

Feb. 24, 2006

Feb. 24, 2006

78

STIPULATION TO Permit Plaintiffs to file THIRD AMENDED COMPLAINT, related dates and ORDER . Signed by Judge LESLIE E KOBAYASHI on 3/7/06. (Attachments: # 1 Exhibit 1)(ecs, )[plaintiff shall file and serve Third Amended Complaint within 5 business days after the filing of this ORDER] (Entered: 03/08/2006)

March 7, 2006

March 7, 2006

79

AMENDED COMPLAINT THIRD against City and County of Honolulu, Mark J. Bennett, Marie Laderta, filed by Kevin R. Walsh, Blane M. Wilson. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Errata D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H)(Perrin, Lois) (Entered: 03/13/2006)

March 13, 2006

March 13, 2006

80

CERTIFICATE OF SERVICE by Kevin R. Walsh, Blane M. Wilson re 79 Amended Complaint, Third (Perrin, Lois) (Entered: 03/13/2006)

March 13, 2006

March 13, 2006

92

STIPULATED FACTS 77 by City and County of Honolulu, Mark J. Bennett, Marie Laderta. (Attachments: # 1 Exhibit A1# 2 Exhibit A2# 3 Exhibit A3# 4 Exhibit A4# 5 Exhibit A5# 6 Exhibit A6# 7 Exhibit A7# 8 Exhibit A8# 9 Exhibit B1# 10 Exhibit B2) NOTE: Additional Exhibits B3 - B5, C1, D1 - D8 - See next document (ecs, ) (Entered: 04/03/2006)

March 29, 2006

March 29, 2006

93

Additional Exhibits to 92 Stipulated Facts, filed by City and County of Honolulu, Mark J. Bennett, Marie Laderta. (Attachments: # 1 Exhibit B3, # 2 Exhibit B4, # 3 Exhibit B5, # 4 Exhibit C1, # 5 Exhibit D1, # 6 Exhibit D2, # 7 Exhibit D3, # 8Exhibit D4 # 9 Exhibit D5, # 10 Exhibit D6, # 11 Exhibit D7, # 12 Exhibit D8)(ecs, ) (Entered: 04/03/2006)

March 29, 2006

March 29, 2006

81

MOTION for Partial Summary Judgment and for Entry of Permanent Injunction by Steven M. Annarelli, Lydia R. Hill, Kevin R. Walsh, Blane M. Wilson. (Attachments: # 1 Memorandum in Support of Motion for Partial Summary Judgment and for Entry of a Permanent Injunction# 2 Declaration [Certification] of Lois K. Perrin Pursuant to L.R. 7.5(e))(Perrin, Lois) (Entered: 03/30/2006)

March 30, 2006

March 30, 2006

82

MOTION to Certify Class and Subclass by Steven M. Annarelli, Lydia R. Hill, Kevin R. Walsh, Blane M. Wilson. (Attachments: # 1 Memorandum in Support of Motion for Certification of Class and Subclass)(Perrin, Lois) (Entered: 03/30/2006)

March 30, 2006

March 30, 2006

83

CONCISE STATEMENT in Support re 81 MOTION for Partial Summary Judgment and for Entry of Permanent Injunction filed by Steven M. Annarelli, Lydia R. Hill, Kevin R. Walsh, Blane M. Wilson. (Attachments: # 1 Declaration Certification of Lois K. Perrin Pursuant to Local Rules 7.5(e) and 56.1(d)# 2 Declaration Steven M. Annarelli# 3 Exhibit 1 Annarelli# 4 Exhibit 2 Annarelli# 5 Exhibit 3 Annarelli# 6 Exhibit 4 Annarelli# 7 Declaration Kat Brady# 8 Declaration Lydia R. Hill# 9 Exhibit 1 Hill# 10 Declaration Lois K. Perrin# 11 Exhibit 1 Perrin# 12 Exhibit 2 Perrin# 13 Exhibit 3 Perrin# 14 Exhibit 4 Perrin# 15 Exhibit 5 Perrin# 16 Exhibit 6 Perrin# 17 Exhibit 7 Perrin# 18 Exhibit 8 Perrin# 19 Exhibit 9 Perrin# 20 Exhibit 10 Perrin# 21 Exhibit 11 Perrin# 22 Exhibit 12 Perrin# 23 Exhibit 13 Perrin# 24 Exhibit 14 Perrin# 25 Exhibit 15 Perrin# 26 Exhibit 16 Perrin# 27 Exhibit 17 Perrin# 28 Exhibit 18 Perrin# 29 Declaration Kevin R. Walsh# 30 Exhibit 1 Walsh# 31 Exhibit 2 Walsh# 32 Exhibit 3 Walsh# 33 Exhibit 4 Walsh# 34 Declaration Anne Williams# 35 Declaration Blane M. Wilson# 36 Exhibit 1 Wilson# 37 Exhibit 2 Wilson# 38 Exhibit 3 Wilson)(Perrin, Lois) (Entered: 03/30/2006)

March 30, 2006

March 30, 2006

84

CERTIFICATE OF SERVICE by Steven M. Annarelli, Lydia R. Hill, Kevin R. Walsh, Blane M. Wilson re 83 Concise Statement in Support of Motion,,,,, 81 MOTION for Partial Summary Judgment and for Entry of Permanent Injunction , 82 MOTION to Certify Class and Subclass (Perrin, Lois) (Entered: 03/30/2006)

March 30, 2006

March 30, 2006

85

NOTICE OF APPEAL of 65 ORDER Granting Motion for Preliminary Injunction filed February 1, 2006 and 71 PRELIMINARY INJUNCTION filed February 13, 2006 - by Mark J. Bennett, Marie Laderta. Filing fee $ 255, Receipt 234455, Received from Attorney General. (Attachments: # 1 Exhibit A, # 2 Exhibit B and Certificate of Service)(ecs, ) (Entered: 03/31/2006)

March 30, 2006

March 30, 2006

86

MOTION for Stay Pending Appeal 85 by Mark J. Bennett, Marie Laderta. (Attachments: # 1 Memorandum in Support of State Defendants' Motion for Stay Pending Appeal, # 2 Declaration of Deirdre Marie-Iha and Certificate of Service) (ecs, ) (Entered: 03/31/2006)

March 30, 2006

March 30, 2006

Filing fee: $ 255.00, receipt number 234455 Notice of Appeal (ecs, ) (Entered: 03/31/2006)

March 30, 2006

March 30, 2006

88

Defendant City and County of Honolulu's ANSWER to Complaint (Third Amended) for Declaratory and Injunctive Relief Filed March 13, 2006 by City and County of Honolulu.(Nelson, Gordon) (Entered: 03/31/2006)

March 31, 2006

March 31, 2006

89

CERTIFICATE OF SERVICE by City and County of Honolulu re 88 Answer to Complaint (Third Amended) for Declaratory and Injunctive Relief Filed March 13, 2006 (Nelson, Gordon) (Entered: 03/31/2006)

March 31, 2006

March 31, 2006

91

NOTICE of Hearing on Motions' - 82MOTION to Certify Class and Subclass and 81 MOTION for Partial Summary Judgment and for Entry of Permanent Injunction set for 5/22/2006 09:00 AM before JUDGE DAVID ALAN EZRA. (lls, ) (Entered: 03/31/2006)

March 31, 2006

March 31, 2006

95

State Defendants' ANSWER to Third Amended Complaint; Certificate of Service by City and County of Honolulu, Mark J. Bennett, Marie Laderta.(ecs, ) (Entered: 04/04/2006)

March 31, 2006

March 31, 2006

96

TRANSCRIPT REQUEST by City and County of Honolulu, Mark J. Bennett, Marie Laderta for proceedings held on 1/30/06, Cynthia Fazio, before Judge David Alan Ezra, re 85 Notice of Appeal, Transcript due by 4/10/2006, expedited. (ecs, ) (Entered: 04/04/2006)

March 31, 2006

March 31, 2006

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 85 Notice of Appeal, (lmg, ) (Entered: 04/03/2006)

April 3, 2006

April 3, 2006

97

MEMORANDUM in Opposition to State Defendants' Motion for Stay Pending Appeal filed by Steven M. Annarelli, Lydia R. Hill, Kevin R. Walsh, Blane M. Wilson. (Attachments: # 1 Declaration Lois K. Perrin# 2 Exhibit 1# 3 Exhibit 2) (Perrin, Lois) (Entered: 04/05/2006)

April 5, 2006

April 5, 2006

98

CERTIFICATE OF SERVICE by Steven M. Annarelli, Lydia R. Hill, Kevin R. Walsh, Blane M. Wilson re 97 Memorandum in Opposition to Motion, (Perrin, Lois) (Entered: 04/05/2006)

April 5, 2006

April 5, 2006

Case Details

State / Territory: Hawaii

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: June 9, 2005

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Those who have been or will be discouraged from applying for a City, County or State job in Hawaii because of the residency hiring requirement of HRS § 78-1(c).

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Unknown

Defendants

City and County of Honolulu (Honolulu), County

Hawaii Department of Human Resources Development, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Right to travel

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2006 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Immigration/Border:

Employment