Case: Jackson v. Abercrombie

1:11-cv-00734 | U.S. District Court for the District of Hawaii

Filed Date: Dec. 7, 2011

Clearinghouse coding complete

Case Summary

On January 27, 2012, a same-sex couple and another individual in a same-sex relationship, all citizens of Hawaii, filed a lawsuit in the U.S. District Court of Hawaii under 42 U.S.C. § 1983 against the state of Hawaii. The plaintiffs, represented by private attorneys, asked the court for a declaration that the restriction of the right of marriage to opposite sex couples under § 572-1 of the H.R.S and under the "marriage amendment" violates Due Process and Equal Protection under the U.S. Constit…

On January 27, 2012, a same-sex couple and another individual in a same-sex relationship, all citizens of Hawaii, filed a lawsuit in the U.S. District Court of Hawaii under 42 U.S.C. § 1983 against the state of Hawaii. The plaintiffs, represented by private attorneys, asked the court for a declaration that the restriction of the right of marriage to opposite sex couples under § 572-1 of the H.R.S and under the "marriage amendment" violates Due Process and Equal Protection under the U.S. Constitution. Further, plaintiffs asked the court to permanently enjoin the Governor, the Director, and any person acting on their behalf from enforcing the restriction.

In 1994, the Hawaiian legislature added language to § 572-1 to specifically define marriage as between a man and a woman. In 1997, the legislature passed a "Marriage amendment" which states that only the legislature has the power to reserve marriage to opposite-sex couples. The people of Hawaii ratified this amendment in November 1998. During the same session, the legislature also passed H.B. No. 118, the Reciprocal Beneficiaries Act, which allowed persons who are legally prohibited from marrying, the ability to register as reciprocal beneficiaries and obtain certain rights (associated with marriage).

Defendant Abercrombie admitted § 572-1 violates due process clause and equal protection clause.

On May 2, 2012 Court granted Hawaii Family Forum (HFF) motion to intervene as a defendant. Jackson v. Abercrombie, 282 F.R.D. 507 (D. Haw. 2012). Defendants filed a motion for summary judgment on June, 15, 2012, which was granted. On August 8, 2012, the Court, Alan C. Kay, Senior U.S. District Judge, granted summary judgment for defendants, holding the issue is one for the legislature to decide. On September 10, 2012, plaintiffs appealed to the U.S. Court of Appeals for the Ninth Circuit.

On September 7, 2012, the plaintiffs filed a notice of appeal. However, on November 13, 2013, before any arguments had been heard, Governor Abercrombie signed a bill legalizing same-sex marriage. Beginning December 2, 2013, same-sex couples living in Hawaii and tourists can marry in the state. On October 10, 2014, the United States Court of Appeals for the Ninth Circuit ordered that the district court decision be vacated and that the case be remanded with directions to dismiss. On October 23, 2014, the case was dismissed as moot.

Summary Authors

Katrina Fahey (11/18/2013)

Katherine Reineck (2/16/2015)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4244896/parties/jackson-v-abercrombie/


Judge(s)
Attorney for Plaintiff

Alston, Paul (Hawaii)

Attorney for Defendant

Battaglia, Raymond W. (Hawaii)

Expert/Monitor/Master/Other

Babione, Byron J. (Arizona)

Boccuzzi, Carmine Daniel (New York)

Bonauto, Mary L. (Massachusetts)

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Documents in the Clearinghouse

Document

1:11-cv-00734

12-16998

12-16995

Docket [PACER]

Nov. 4, 2014

Nov. 4, 2014

Docket
6

1:11-cv-00734

First Amended Complaint

Jan. 27, 2012

Jan. 27, 2012

Complaint
43

1:11-cv-00734

Order Granting Hawaii Family Forum’s Motion to Intervene Procedural Background

May 2, 2012

May 2, 2012

Order/Opinion

282 F.R.D. 282

117

1:11-cv-00734

Order Granting HFF’S Motion for Summary Judgment and Defendant Fuddy’s Motion for Summary Judgment, Denying Plaintiffs’ Motion for Summary Judgment and HFF’S Motion to Dismiss Defendant

Aug. 8, 2012

Aug. 8, 2012

Order/Opinion

884 F.Supp.2d 884

60

12-16998

12-17668

12-16995

Amicus Curiae Brief of the American Civil Liberties Union Foundation of Nevada and the American Civil Liberties Union Foundation of Hawai‘i

U.S. Court of Appeals for the Ninth Circuit

Oct. 25, 2013

Oct. 25, 2013

Pleading / Motion / Brief
178-1

1:11-cv-00734

12-16995

Memorandum of the Court

U.S. Court of Appeals for the Ninth Circuit

Oct. 10, 2014

Oct. 10, 2014

Order/Opinion

585 Fed.Appx. 585

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4244896/jackson-v-abercrombie/

Last updated April 15, 2024, 3:22 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT, filed by Natasha N. Jackson, Janin Kleid. (Attachments: # 1 Summons (issued), # 2 Civil Cover Sheet)(eps) (Entered: 12/07/2011)

1 Summons (issued)

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2 Civil Cover Sheet

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Dec. 7, 2011

Dec. 7, 2011

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2

Order Setting Rule 16 Scheduling Conference for 09:00AM on 3/12/2012 before JUDGE KEVIN S.C. CHANG.. by JUDGE SUSAN OKI MOLLWAY dated 12/7/11. (Attachments: # 1 Memo re: Corporate Disclosure Statements)(eps) (Entered: 12/07/2011)

1 Memorandum re: Corporate Disclosure Statements

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Dec. 7, 2011

Dec. 7, 2011

PACER
3

Filing fee: $ 350.00,receipt number HI001985 re 1 (eps) (Entered: 12/07/2011)

Dec. 7, 2011

Dec. 7, 2011

PACER
4

SUMMONS Returned Executed by Natasha N. Jackson, Janin Kleid. Neil S. Abercrombie served through Kendall J Moser, Deputy Atty General on 12/7/2011. (eps) . (Entered: 12/08/2011)

Dec. 8, 2011

Dec. 8, 2011

PACER
5

SUMMONS Returned Executed by Natasha N. Jackson, Janin Kleid. Loretta J. Fuddy served through Kendall J Moser, Deputy Attorney General on 12/7/2011. (eps) . (Entered: 12/08/2011)

Dec. 8, 2011

Dec. 8, 2011

PACER
6

AMENDED COMPLAINT ; Certificate of Service against All Defendants, filed by Natasha N. Jackson, Janin Kleid, Gary Bradley.(Lee, William) (Entered: 01/27/2012)

Jan. 27, 2012

Jan. 27, 2012

RECAP
7

EO: By agreement of counsel, Rule 16 Scheduling Conference set 3/12/12 shall be continued to 09:00AM on 4/17/2012 before JUDGE KEVIN S.C. CHANG. Harvey Henderson to notify all parties. (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 02/15/2012)

Feb. 15, 2012

Feb. 15, 2012

PACER
9

ANSWER to 6 First Amended Complaint ; Certificate of Service by Neil S. Abercrombie.(eps) (Entered: 02/21/2012)

Feb. 21, 2012

Feb. 21, 2012

RECAP
10

ANSWER to 6 First Amended Complaint ; Certificate of Service by Loretta J. Fuddy.(eps) (Entered: 02/21/2012)

Feb. 21, 2012

Feb. 21, 2012

RECAP
11

Errata Sheet to ANSWER; Certificate of Service re 6 First Amended Complaint on behalf of Defendant Neil S. Abercrombie. (eps) (Entered: 02/22/2012)

Feb. 22, 2012

Feb. 22, 2012

PACER
12

APPLICATION TO APPEAR Pro Hac Vice - Lloyd James Hochberg, Jr (local counsel) and Brian W Raum (PHV) requesting to appear as to Intervenor Defendant Hawaii Family Forum (Attachments: # 1 Declaration of Counsel, # 2 Certificate of Service)(eps) (Entered: 03/01/2012)

1 Declaration of Counsel

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2 Certificate of Service

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March 1, 2012

March 1, 2012

PACER
13

APPLICATION TO APPEAR Pro Hac Vice :Lloyd James Hochberg, Jr (Local Counsel) and Holly L Carmichael (PHV) requesting to appear for Intervenor Defendant Hawaii Family Forum (Attachments: # 1 Declaration of Counsel, # 2 Certificate of Service)(eps) (Entered: 03/01/2012)

1 Declaration of Counsel

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2 Certificate of Service

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March 1, 2012

March 1, 2012

PACER
14

Filing fee: $ 300.00,receipt number HI002911, $ 300.00 receipt number HI002912 re 12 BRIAN W RAUM Pro Hac Vice, 13 HOLLY L CARMICHAEL Pro Hac Vice (eps ) (Entered: 03/01/2012)

March 1, 2012

March 1, 2012

PACER
15

MOTION to Intervene - Lloyd James Hochberg, Jr appearing for Intervenor Defendant Hawaii Family Forum (Attachments: # 1 Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Corporate Disclosure Statement, # 5 Certificate of Service)(eps) (Entered: 03/01/2012)

1 Declaration

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2 Exhibit A

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3 Exhibit B

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4 Corporate Disclosure Statement

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5 Certificate of Service

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March 1, 2012

March 1, 2012

PACER
16

PROPOSED ANSWER In Intervention of Hawaii Family Forum by Hawaii Family Forum.(eps) (Entered: 03/01/2012)

March 1, 2012

March 1, 2012

PACER
17

NOTICE of Hearing on Motion 15 Intervenor Defendant Hawaii Family Forum's MOTION to Intervene set for 4/30/2012 10:00 AM before JUDGE ALAN C KAY. (lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. (Entered: 03/02/2012)

March 2, 2012

March 2, 2012

PACER
18

ORDER ADMITTING BRIAN W. RAUM PRO HAC VICE re 12 . Signed by JUDGE KEVIN S.C. CHANG on 03/14/2012. (eps)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 03/14/2012)

March 14, 2012

March 14, 2012

PACER
19

ORDER ADMITTING HOLLY L. CARMICHAEL PRO HAC VICE 13 . Signed by JUDGE KEVIN S.C. CHANG on 03/14/2012. (eps)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 03/14/2012)

March 14, 2012

March 14, 2012

PACER
20

REPORT of Planning Meeting ; Certificate of Service. (Lee, William) (Entered: 03/23/2012)

March 23, 2012

March 23, 2012

PACER
22

FIRST STIPULATION Regarding Deadline For Making Initial Disclosures AND ORDER. Signed by JUDGE KEVIN S.C. CHANG on 03/29/2012. (eps) -- the time for making initial disclosures shall be set for 30 days after the court files its written order granting or denying Hawaii Family Forum's motion to intervene CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications will be served by first class mail on 03/30/2012 (Entered: 03/29/2012)

March 29, 2012

March 29, 2012

PACER
23

MEMORANDUM in Support re 15 MOTION to Intervene and certificate of service filed by Loretta J. Fuddy. (Wynhoff, William) (Entered: 04/09/2012)

April 9, 2012

April 9, 2012

PACER
24

MEMORANDUM in Opposition re 15 MOTION to Intervene filed by Gary Bradley, Natasha N. Jackson, Janin Kleid. (Attachments: # 1 Declaration Declaration of John J. D'Amato, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O)(D'Amato, John) (Entered: 04/09/2012)

1 Declaration Declaration of John J. D'Amato

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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9 Exhibit H

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10 Exhibit I

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11 Exhibit J

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12 Exhibit K

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13 Exhibit L

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14 Exhibit M

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15 Exhibit N

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16 Exhibit O

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April 9, 2012

April 9, 2012

PACER
25

Additional Exhibits to 24 Memorandum in Opposition to Motion, Certificate of Service filed by Gary Bradley, Natasha N. Jackson, Janin Kleid. (Attachments: # 1 Exhibit P, # 2 Exhibit Q (1 of 4), # 3 Exhibit Q (2 of 4), # 4 Exhibit Q (3 of 4), # 5 Exhibit Q (4 of 4), # 6 Exhibit R (1 of 2), # 7 Exhibit R (2 of 2), # 8 Exhibit S, # 9 Exhibit T, # 10 Exhibit U, # 11 Exhibit V, # 12 Exhibit W, # 13 Exhibit X, # 14 Exhibit Y)(D'Amato, John) (Entered: 04/09/2012)

1 Exhibit P

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2 Exhibit Q (1 of 4)

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3 Exhibit Q (2 of 4)

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4 Exhibit Q (3 of 4)

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5 Exhibit Q (4 of 4)

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6 Exhibit R (1 of 2)

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7 Exhibit R (2 of 2)

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8 Exhibit S

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9 Exhibit T

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10 Exhibit U

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11 Exhibit V

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12 Exhibit W

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13 Exhibit X

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14 Exhibit Y

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April 9, 2012

April 9, 2012

PACER
26

REQUEST for Judicial Notice; Certificate of Service by Gary Bradley, Natasha N. Jackson, Janin Kleid. (D'Amato, John) (Entered: 04/09/2012)

April 9, 2012

April 9, 2012

PACER
27

MEMORANDUM in Opposition To re 15 MOTION to Intervene of Hawaii Family Forum - filed by Neil S. Abercrombie. (Attachments: # 1 Table of Contents, # 2 Table of Authorities, # 3 Memorandum In Opposition, # 4 Declaration of Robert T Nakatsuji, # 5 Exhibit A, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E, # 10 Certificate of Service)(eps ) (Entered: 04/09/2012)

1 Table of Contents

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2 Table of Authorities

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3 Memorandum In Opposition

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4 Declaration of Counsel

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5 Exhibit A

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6 Exhibit B

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7 Exhibit C

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8 Exhibit D

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9 Exhibit E

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10 Certificate of Service

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April 9, 2012

April 9, 2012

PACER
28

CERTIFICATE OF SERVICE by Gary Bradley, Natasha N. Jackson, Janin Kleid re 24 Memorandum in Opposition to Motion, (Lee, William) (Entered: 04/10/2012)

April 10, 2012

April 10, 2012

PACER
29

Scheduling Conference Statement Certificate of Service. (D'Amato, John) (Entered: 04/10/2012)

April 10, 2012

April 10, 2012

PACER
30

Scheduling Conference Statement and certificate of service. (Wynhoff, William) (Entered: 04/10/2012)

April 10, 2012

April 10, 2012

PACER
31

Scheduling Conference Statement; Certificate of Service on behalf of Defendant Neil S Abercrombie. (eps ) (Entered: 04/10/2012)

April 10, 2012

April 10, 2012

PACER
32

CERTIFICATE OF SERVICE by Gary Bradley, Natasha N. Jackson, Janin Kleid re: Campaign Spending Comm'n (D'Amato, John) (Entered: 04/11/2012)

April 11, 2012

April 11, 2012

PACER
33

CERTIFICATE OF SERVICE by Gary Bradley, Natasha N. Jackson, Janin Kleid Notice of Depo Campaign Spndng Comm'n (D'Amato, John) (Entered: 04/12/2012)

April 12, 2012

April 12, 2012

PACER
34

REPLY to Response to Motion re 15 MOTION to Intervene filed by Hawaii Family Forum. (Attachments: # 1 Declaration of James Hochberg, # 2 Exhibit A)(Raum, Brian) (Entered: 04/16/2012)

1 Declaration of James Hochberg

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2 Exhibit A

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April 16, 2012

April 16, 2012

PACER
35

EP: Rule 16 Scheduling Conference held on 4/17/2012. Rule 16 Scheduling Conference Order to be issued. Court informed counsel for Defendant Fuddy that upon the filing of the Motion for Summary Judgment, Judge Kay will schedule the motion for 7/24/12. Bench Trial set for 4/23/2013 09:00 AM before JUDGE ALAN C KAY. Final Pretrial Conference set for 3/12/2013 09:00 AM before JUDGE KEVIN S.C. CHANG. Settlement Conference set for 1/15/2013 11:00 AM before JUDGE KEVIN S.C. CHANG. Motions due by 11/21/2012. Discovery due by 2/22/2013. ( C5 - no record, 9:05-9:10am.) (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 04/17/2012)

April 17, 2012

April 17, 2012

PACER
36

Rule 16 SCHEDULING ORDER:. Signed by JUDGE KEVIN S.C. CHANG on 04/17/2012. (eps)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 04/17/2012)

April 17, 2012

April 17, 2012

PACER
37

EO: Status Conference Re: filing of cross motion for summary judgment set for 4/20/2012 11:15 AM before JUDGE KEVIN S.C. CHANG. John D'Amato has notified all parties. (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 04/19/2012)

April 19, 2012

April 19, 2012

PACER
38

CERTIFICATE OF SERVICE by Gary Bradley, Natasha N. Jackson, Janin Kleid Ps' 1st Req for Ans to Interrogs (D'Amato, John) (Entered: 04/19/2012)

April 19, 2012

April 19, 2012

PACER
39

EP: Status Conference Conference Re: filing of cross motion for summary judgment held on 4/20/2012. Discussion held. Counsel agree to the following deadlines: 6/15/12: deadline to file Motions for Summary Judgment which will be heard by Judge Kay on 7/24/12. 6/29/12: deadline to file opposition and/or counter motions, if any. 7/10/12: reply deadline. ( C5 - no record, 11:30-11:40am.) (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 04/20/2012)

April 20, 2012

April 20, 2012

PACER
40

SUPPLEMENT re 15 MOTION to Intervene filed by Hawaii Family Forum by Hawaii Family Forum (pursuant to Local Rule 7.8). (Attachments: # 1 Order, # 2 Form 990, # 3 Certificate of Service)(Raum, Brian) (Entered: 04/24/2012)

1 Order

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2 Form 990

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3 Certificate of Service

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April 24, 2012

April 24, 2012

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41

SUPPLEMENT re 24 Memorandum in Opposition to Motion, filed by Janin Kleid, Gary Bradley, Natasha N. Jackson by Gary Bradley, Natasha N. Jackson, Janin Kleid ; Certificate of Service. (Attachments: # 1 Exhibit A)(D'Amato, John) (Entered: 04/25/2012)

1 Exhibit A

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April 25, 2012

April 25, 2012

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42

EP: Motion Hearing held on 4/30/2012 re 15 MOTION to Intervene filed by Hawaii Family Forum-Oral Discussion Held. Motion is hereby Granted. Court to issue a written Order.(Court Reporter Gloria Bediamol.) (JUDGE ALAN C KAY)(lls, )No COS issued for this docket entry (Entered: 04/30/2012)

April 30, 2012

April 30, 2012

PACER
43

ORDER GRANTING HAWAII FAMILY FORUM'S MOTION TO INTERVENE re 42, 15 . Signed by JUDGE ALAN C KAY on 05/02/2012. (eps)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 05/02/2012)

May 2, 2012

May 2, 2012

RECAP
44

CERTIFICATE OF SERVICE by Gary Bradley, Natasha N. Jackson, Janin Kleid Req for Ans to Written Interrogs HFF (D'Amato, John) (Entered: 05/09/2012)

May 9, 2012

May 9, 2012

PACER
45

CERTIFICATE OF SERVICE by Gary Bradley, Natasha N. Jackson, Janin Kleid Notice of Depo. on Written Qs KITV (D'Amato, John) (Entered: 05/11/2012)

May 11, 2012

May 11, 2012

PACER
46

CERTIFICATE OF SERVICE by Gary Bradley, Natasha N. Jackson, Janin Kleid Notice of Taking Depo. on Written Qs KGMB (D'Amato, John) (Entered: 05/11/2012)

May 11, 2012

May 11, 2012

PACER
47

CERTIFICATE OF SERVICE by Gary Bradley, Natasha N. Jackson, Janin Kleid Notice of Taking Depo. on Written Qs KFVE (D'Amato, John) (Entered: 05/11/2012)

May 11, 2012

May 11, 2012

PACER
48

CERTIFICATE OF SERVICE by Gary Bradley, Natasha N. Jackson, Janin Kleid Notice of Taking Depo. on Written Qs KHON (D'Amato, John) (Entered: 05/11/2012)

May 11, 2012

May 11, 2012

PACER
49

CERTIFICATE OF SERVICE by Gary Bradley, Natasha N. Jackson, Janin Kleid Notice of Taking Depo. on Written Qs KHNL (D'Amato, John) (Entered: 05/11/2012)

May 11, 2012

May 11, 2012

PACER
50

MOTION for Pro Hac Vice of Dale Schowengerdt Brian W. Raum appearing for Intervenor Defendant Hawaii Family Forum (Raum, Brian) (Entered: 05/18/2012)

May 18, 2012

May 18, 2012

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51

CERTIFICATE OF SERVICE by Loretta J. Fuddy for answers and objections to plaintiffs' interrogatories (Wynhoff, William) (Entered: 05/18/2012)

May 18, 2012

May 18, 2012

PACER
52

Filing fee: $ 300.00,receipt number HI003828 re 50 Pro Hac Vice of Dale Schowengerdt (eps) (Entered: 05/21/2012)

May 21, 2012

May 21, 2012

PACER
53

ORDER ADMITTING DALE SCHOWENGERDT PRO HAC VICE 50 . Signed by JUDGE KEVIN S.C. CHANG on 05/22/2012. (eps)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 05/22/2012)

May 22, 2012

May 22, 2012

PACER
54

TRANSCRIPT of Proceedings Intervenor Dft. HFF Mt. to Intervene held on 4-30-12, - before Judge Alan C. Kay. Court Reporter/Transcriber Gloria T. Bediamol, Telephone number (808) 541-2060. Transcript may be viewed at the court public terminal or ordered through the Court Reporter/Transcriber before the deadline for Release of Transcript. Remote availability of electronic transcripts is regulated by FRCP 5.2(a),FRCrP 49.1(a) and FRBP 9037(a) Redaction Request due 6/11/2012. Redacted Transcript Deadline set for 6/20/2012. Release of Transcript Restriction set for 8/20/2012. pp. 47. (gb@hid.uscourts.gov) (Entered: 05/23/2012)

May 23, 2012

May 23, 2012

PACER
55

CERTIFICATE OF SERVICE by Gary Bradley, Natasha N. Jackson, Janin Kleid Plaintiffs' Initial Disclosures (D'Amato, John) (Entered: 05/30/2012)

May 30, 2012

May 30, 2012

PACER
56

NOTICE of Appearance by Dale Schowengerdt on behalf of Hawaii Family Forum on behalf of Hawaii Family Forum. (Schowengerdt, Dale) (Entered: 06/01/2012)

June 1, 2012

June 1, 2012

PACER
57

CERTIFICATE OF SERVICE by Hawaii Family Forum for Rule 26(a) Initial Disclosures (Schowengerdt, Dale) (Entered: 06/01/2012)

June 1, 2012

June 1, 2012

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58

INITIAL DISCLOSURES; Certificate of Service by Neil S. Abercrombie. (eps ) (Entered: 06/01/2012)

June 1, 2012

June 1, 2012

PACER
59

CERTIFICATE OF SERVICE by Loretta J. Fuddy for initial disclosures (Wynhoff, William) (Entered: 06/01/2012)

June 1, 2012

June 1, 2012

PACER
60

CERTIFICATE OF SERVICE by Hawaii Family Forum for Responses and Objections to Plaintiffs' First Set of Discovery Requests (Schowengerdt, Dale) (Entered: 06/12/2012)

June 12, 2012

June 12, 2012

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61

MOTION for Leave to File Excess Pages Dale Schowengerdt appearing for Intervenor Defendant Hawaii Family Forum (Schowengerdt, Dale) (Entered: 06/13/2012)

June 13, 2012

June 13, 2012

PACER
62

ORDER GRANTING LEAVE TO EXCEED WORD LIMITATION 61 . Signed by JUDGE ALAN C KAY on 06/14/2012. (eps) -- Defendant-Intervenor Hawaii Family Forum shall be permitted to file a memorandum of law in support of its motion for summary judgment of not more than 10,600 words. CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 06/14/2012)

June 14, 2012

June 14, 2012

PACER
63

MOTION for Summary Judgment William J. Wynhoff appearing for Defendant Loretta J. Fuddy (Attachments: # 1 Memorandum in support of motion, # 2 certificate of compliance, # 3 certificate of service)(Wynhoff, William) (Entered: 06/15/2012)

1 Memorandum in support of motion

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2 certificate of compliance

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3 certificate of service

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June 15, 2012

June 15, 2012

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64

CONCISE STATEMENT in Support re 63 MOTION for Summary Judgment filed by Loretta J. Fuddy. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Declaration of Loretta J. Fuddy, # 5 Declaration of William J. Wynhoff, # 6 certificate of service)(Wynhoff, William) (Entered: 06/15/2012)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Declaration of Loretta J. Fuddy

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5 Declaration of William J. Wynhoff

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6 certificate of service

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June 15, 2012

June 15, 2012

PACER
65

MOTION for Summary Judgment ;Certificate of Compliance; Certificate of Service John J. D'Amato appearing for Plaintiffs Gary Bradley, Natasha N. Jackson, Janin Kleid (Attachments: # 1 Memorandum In Support of Plaintiffs' Motion)(D'Amato, John) (Entered: 06/15/2012)

1 Memorandum In Support of Plaintiffs' Motion

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June 15, 2012

June 15, 2012

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66

CONCISE STATEMENT in Support re 65 MOTION for Summary Judgment ;Certificate of Compliance; Certificate of Service Certificate of Service (CSF) filed by Gary Bradley, Natasha N. Jackson, Janin Kleid. (Attachments: # 1 Declaration Of John J. D'Amato, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I)(D'Amato, John) (Entered: 06/15/2012)

1 Declaration Of John J. D'Amato

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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9 Exhibit H

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10 Exhibit I

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June 15, 2012

June 15, 2012

PACER
67

MOTION for Summary Judgment Dale Schowengerdt appearing for Intervenor Defendant Hawaii Family Forum (Attachments: # 1 Memorandum in Support)(Schowengerdt, Dale) (Entered: 06/15/2012)

1 Memorandum in Support

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June 15, 2012

June 15, 2012

PACER
68

CONCISE STATEMENT in Support re 67 MOTION for Summary Judgment filed by Hawaii Family Forum. (Attachments: # 1 Declaration, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20)(Schowengerdt, Dale) (Entered: 06/15/2012)

1 Declaration

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Exhibit 6

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8 Exhibit 7

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9 Exhibit 8

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10 Exhibit 9

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11 Exhibit 10

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12 Exhibit 11

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13 Exhibit 12

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14 Exhibit 13

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15 Exhibit 14

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16 Exhibit 15

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17 Exhibit 16

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18 Exhibit 17

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19 Exhibit 18

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20 Exhibit 19

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21 Exhibit 20

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June 15, 2012

June 15, 2012

PACER
69

Additional Exhibits to 67 MOTION for Summary Judgment, 68 Concise Statement in Support of Motion,, filed by Hawaii Family Forum. (Attachments: # 1 Exhibit 21, # 2 Exhibit 22, # 3 Exhibit 23, # 4 Exhibit 24, # 5 Exhibit 25)(Schowengerdt, Dale) (Entered: 06/15/2012)

1 Exhibit 21

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2 Exhibit 22

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3 Exhibit 23

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4 Exhibit 24

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5 Exhibit 25

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June 15, 2012

June 15, 2012

PACER
70

Additional Exhibits to 67 MOTION for Summary Judgment, 68 Concise Statement in Support of Motion,, filed by Hawaii Family Forum. (Attachments: # 1 Exhibit 26, # 2 Exhibit 27, # 3 Exhibit 28, # 4 Exhibit 29, # 5 Exhibit 30)(Schowengerdt, Dale) (Entered: 06/15/2012)

1 Exhibit 26

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2 Exhibit 27

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3 Exhibit 28

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4 Exhibit 29

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5 Exhibit 30

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June 15, 2012

June 15, 2012

PACER
71

Additional Exhibits to 67 MOTION for Summary Judgment, 68 Concise Statement in Support of Motion,, filed by Hawaii Family Forum. (Attachments: # 1 Exhibit 31, # 2 Exhibit 32, # 3 Exhibit 33, # 4 Exhibit 34)(Schowengerdt, Dale) (Entered: 06/15/2012)

1 Exhibit 31

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2 Exhibit 32

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3 Exhibit 33

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4 Exhibit 34

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June 15, 2012

June 15, 2012

PACER
72

NOTICE of Hearing on Motions 67 Intervenor Defendant Hawaii Family Forum's MOTION for Summary Judgment, 63 Defendant Loretta J. Fuddy's MOTION for Summary Judgment and 65 Plaintiffs Gary Bradley, Natasha N. Jackson and Janin Kleid's MOTION for Summary Judgment set for Court Hearings on 7/24/2012 at 10:00 AM before JUDGE ALAN C KAY. (lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. (Entered: 06/15/2012)

June 15, 2012

June 15, 2012

PACER
73

TRANSCRIPT of Proceedings Intervenor Dft. Hawaii Family Forum's Mt. to Intervene held on April 30, 2012, - before Judge Alan C. Kay. Court Reporter/Transcriber Gloria T. Bediamol, Telephone number (808) 541-2060. Transcript may be viewed at the court public terminal or ordered through the Court Reporter/Transcriber before the deadline for Release of Transcript. Remote availability of electronic transcripts is regulated by FRCP 5.2(a),FRCrP 49.1(a) and FRBP 9037(a) Redaction Request due 7/9/2012. Redacted Transcript Deadline set for 7/17/2012. Release of Transcript Restriction set for 9/14/2012. pp. 47. (gb@hid.uscourts.gov) (Entered: 06/19/2012)

June 19, 2012

June 19, 2012

PACER
74

MOTION for Leave to File A Single Combined Memorandum of 25,000 Words, In Support Of His Countermotion And In Opposition Or Response To All Three Parties' Motions - Girard D. Lau, Robert T. Nakatsuji, Harvey E. Henderson, Jr appearing for Defendant Neil S. Abercrombie (Attachments: # 1 Declaration of Girard D Lau, # 2 Certificate of Service)(eps ) (Entered: 06/20/2012)

1 Declaration of Girard D Lau

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2 Certificate of Service

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June 20, 2012

June 20, 2012

PACER
75

EO: The Court GRANTS Defendant Abercrombies request filed 6/20/2012 (Doc. No. 74), to file a single combined memorandum of 25,000 words in support of his countermotion and in opposition or response to all three motions for summary judgment. In granting this request, the Court notes that under Local Rule 7.9: A partys memorandum in support of the counter motion must be combined into one document with the partys memorandum in opposition to the original motion and may not exceed the page or word limit for an opposition absent leave of court. The opposition to the counter motion shall be served and filed together with any reply in support of the original motion in accordance with LR 7.4. A partys opposition to the counter motion must be combined into one document with that partys reply in support of the original motion and may not exceed the page limit for a reply absent leave of court. In other words, the other parties each will be limited under Local Rule 7.5 to a combined opposition and reply memorandum of not more than 4,500 words unless otherwise authorized by the Court. (JUDGE ALAN C KAY)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 06/21/2012)

June 20, 2012

June 20, 2012

PACER
76

MOTION for Leave to File Excess Pages and Single Opposition to Motions for Summary Judgment of Defendant Director Fuddy and Defendant-Intervenor Hawaii Family Forum; Certificate of Service John J. D'Amato appearing for Plaintiffs Gary Bradley, Natasha N. Jackson, Janin Kleid (D'Amato, John) (Entered: 06/25/2012)

June 25, 2012

June 25, 2012

PACER
77

EO: The Court grants Plaintiffs unopposed motion to file a single opposition of 12,200 words in response to the motions for summary judgment of Defendant Director Fuddy and Defendant-Intervenor Hawaii Family Forum (Doc. No. 76). (JUDGE ALAN C KAY)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 06/26/2012)

June 26, 2012

June 26, 2012

PACER
78

MEMORANDUM in Opposition to Plaintiffs' Motion for Summary Judgment filed by Loretta J. Fuddy. (Attachments: # 1 Certificate of Service)(Quinn, Rebecca) (Entered: 06/29/2012)

1 Certificate of Service

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June 29, 2012

June 29, 2012

PACER
89

CONCISE STATEMENT OF Facts in Opposition To Defendant Loretta J Fuddy's 63 MOTION for Summary Judgment ; Certificate of Service - filed by Neil S. Abercrombie. (eps) (Entered: 07/02/2012)

June 29, 2012

June 29, 2012

PACER
79

RESPONSE to Plaintiffs' Concise Statement of Facts in support of Motion for Summary Judgment filed by Loretta J. Fuddy. (Attachments: # 1 Declaration of William J. Wynhoff, # 2 : RESTRICTED FROM PUBLIC VIEW Exhibit 4, # 3 Certificate of Compliance, # 4 Certificate of Service)(Quinn, Rebecca) Modified on 7/2/2012 : restricting Exhibit 4 because it is a transcript that has not been released for public viewing 54 (eps ). (Entered: 06/29/2012)

1 Declaration of William J. Wynhoff

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3 Certificate of Compliance

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4 Certificate of Service

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June 29, 2012

June 29, 2012

PACER
90

CONCISE STATEMENT Of Facts in Opposition To Defendant-Intervenor Hawaii Family Forum's 67 MOTION for Summary Judgment ; Certificate of Service - filed by Neil S. Abercrombie. (eps) (Entered: 07/02/2012)

June 29, 2012

June 29, 2012

PACER
80

STATEMENT of No Opposition to Defendant-Intervenor Hawaii Family Forum's Motion for Summary Judgment filed by Loretta J. Fuddy. (Attachments: # 1 Certificate of Service)(Quinn, Rebecca) (Entered: 06/29/2012)

1 Certificate of Service

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June 29, 2012

June 29, 2012

PACER
91

CONCISE STATEMENT of Facts In Response To Plaintiffs' 65 MOTION for Summary Judgment Re: Count Two: Violation Of Plaintiffs' Right To Equal Protection; Certificate of Service - filed by Neil S. Abercrombie. (eps) (Entered: 07/02/2012)

June 29, 2012

June 29, 2012

PACER
81

NOTICE of Appearance by Clyde J. Wadsworth on behalf of Equality Hawai`i, Hawai`i LGBT Legal Association on behalf of Equality Hawai`i, Hawai`i LGBT Legal Association. (Wadsworth, Clyde) (Entered: 06/29/2012)

June 29, 2012

June 29, 2012

PACER
92

COUNTERMOTION for Partial Summary Judgment - Girard D. Lau, Robert T. Nakatsuji, Harvey E. Henderson, Jr appearing for Defendant Neil S. Abercrombie (Attachments: # 1 Memorandum In Support of Defendant Governor Neil S Abercrombie's CounterMotion For Partial Summary Judgmeint, In Response To Plaintiffs' Motion For Summary Judgment Re Count Two, And In Opposition To Defendant Loretta J Fuddy's And Defendant-Intervenor Hawaii Family Forum's Motions For Summary Judgment, # 2 Certificate of Compliance, # 3 Certificate of Service)(eps) (Entered: 07/02/2012)

1 Memorandum In Support

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2 Certificate of Compliance

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3 Certificate of Service

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June 29, 2012

June 29, 2012

PACER
82

MEMORANDUM in Opposition re 65 MOTION for Summary Judgment ;Certificate of Compliance; Certificate of Service filed by Hawaii Family Forum. (Schowengerdt, Dale) (Entered: 06/29/2012)

June 29, 2012

June 29, 2012

PACER
93

CONCISE STATEMENT Of Facts in Support Of Defendant Governor Neil S Abercrombie's 92 COUNTER-MOTION for Partial Summary Judgment filed by Neil S. Abercrombie. (Attachments: # 1 Declaration of Girard D Lau, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Declaration Of Gregory M Herek, Ph.D, # 18 Exhibit A, # 19 Exhibit B, # 20 Declaration of George Chauncey, Ph.D, # 21 Chauncey Bibliography, # 22 Exhibit A, # 23 Declaration of Michael E Lamb, Ph.D, # 24 Lamb Bibliography, # 25 Exhibit A, # 26 Exhibit B, # 27 Declaration of Gary M Segura, Ph.D, # 28 Exhibit A, # 29 Exhibit B, # 30 Certificate of Service)(eps) (Entered: 07/02/2012)

1 Declaration of Girard D Lau

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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9 Exhibit H

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10 Exhibit I

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11 Exhibit J

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12 Exhibit K

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13 Exhibit L

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14 Exhibit M

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15 Exhibit N

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16 Exhibit O

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17 Declaration Of Gregory M Herek, Ph.D

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18 Exhibit A

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19 Exhibit B

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20 Declaration of George Chauncey, Ph.D

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21 Chauncey Bibliography

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22 Exhibit A

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23 Declaration of Michael E Lamb, Ph.D

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24 Lamb Bibliography

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25 Exhibit A

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26 Exhibit B

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27 Declaration of Gary M Segura, Ph.D

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28 Exhibit A

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29 Exhibit B

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30 Exhibit Certificate of Service

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June 29, 2012

June 29, 2012

PACER
83

MOTION LEAVE TO FILE BRIEF OF AMICI CURIAE EQUALITY HAWAI`I AND HAWAI`I LGBT LEGAL ASSOCIATION IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANT LORETTA J. FUDDY AND DEFENDANT-INTERVENOR HAWAII FAMILY FORUM'S MOTIONS FOR SUMMARY JUDGMENT re 67 MOTION for Summary Judgment, 65 MOTION for Summary Judgment ;Certificate of Compliance; Certificate of Service, 63 MOTION for Summary Judgment Clyde J. Wadsworth appearing for Defendant Equality Hawai`i, Amicus Hawai`i LGBT Legal Association (Attachments: # 1 Brief of Amici Curiae Equality Hawai`i and Hawai`i LGBT Legal Association in Support of Plaintiffs' Opposition to Defendants Loretta J. Fuddy and Hawaii Family Forum's Motions for Summary Judgment, # 2 Certificate of Service)(Wadsworth, Clyde) (Entered: 06/29/2012)

1 Brief of Amici Curiae Equality Hawai`i and Hawai`i LGBT Legal Associa

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2 Certificate of Service

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June 29, 2012

June 29, 2012

PACER
84

Concise Statement in Opposition re 66 Concise Statement in Support of Motion, filed by Hawaii Family Forum. (Schowengerdt, Dale) (Entered: 06/29/2012)

June 29, 2012

June 29, 2012

PACER
85

STATEMENT of No Opposition re 63 MOTION for Summary Judgment filed by Hawaii Family Forum. (Schowengerdt, Dale) (Entered: 06/29/2012)

June 29, 2012

June 29, 2012

PACER
86

MEMORANDUM in Opposition re 67 MOTION for Summary Judgment, 63 MOTION for Summary Judgment ; Certificate of Service filed by Gary Bradley, Natasha N. Jackson, Janin Kleid. (D'Amato, John) (Entered: 06/29/2012)

June 29, 2012

June 29, 2012

PACER
87

CONCISE STATEMENT in Opposition re 67 MOTION for Summary Judgment, 63 MOTION for Summary Judgment Response to Concise Statement of Facts of Defendant Fuddy and Defendant-Intervenor Hawaii Family Forum; Certificate of Service; filed by Gary Bradley, Natasha N. Jackson, Janin Kleid. (D'Amato, John) (Entered: 07/02/2012)

July 2, 2012

July 2, 2012

PACER
94

EO: The Court GRANTS Equality Hawaii and Hawaii LGBT Legal Association's motion for leave to file brief of amici curiae (Doc. No. 83).(JUDGE ALAN C KAY)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 07/03/2012)

July 2, 2012

July 2, 2012

PACER
88

Errata re 83 MOTION LEAVE TO FILE BRIEF OF AMICI CURIAE EQUALITY HAWAI`I AND HAWAI`I LGBT LEGAL ASSOCIATION IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANT LORETTA J. FUDDY AND DEFENDANT-INTERVENOR HAWAII FAMILY FORUM'S MOTIONS FOR SUMMARY JU. (Attachments: # 1 [CORRECTED] Pages 8 and 9 of BRIEF of Amici Curiae, # 2 Certificate of Service)(Wadsworth, Clyde) (Entered: 07/02/2012)

1 [CORRECTED] Pages 8 and 9 of BRIEF of Amici Curiae

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2 Certificate of Service

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July 2, 2012

July 2, 2012

PACER
95

NOTICE of Hearing on Motion 92 Defendant Neil S. Abercrombie's COUNTER-MOTION for Partial Summary Judgment set for Court Hearing on 7/24/2012 at 10:00 AM before JUDGE ALAN C KAY. (lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. (Entered: 07/03/2012)

July 3, 2012

July 3, 2012

PACER
96

MEMORANDUM re 86 Memorandum in Opposition to Motion [BRIEF OF AMICI CURIAE EQUALITY HAWAI`I AND HAWAI`I LGBT LEGAL ASSOCIATION IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANTS LORETTA J. FUDDY AND HAWAII FAMILY FORUM'S MOTIONS FOR SUMMARY JUDGMENT] filed by Equality Hawai'i, Hawai'i LGBT Legal Association. (Wadsworth, Clyde) (Entered: 07/03/2012)

July 3, 2012

July 3, 2012

PACER
97

MOTION for Leave to File Excess Pages Dale Schowengerdt appearing for Intervenor Defendant Hawaii Family Forum (Schowengerdt, Dale) (Entered: 07/09/2012)

July 9, 2012

July 9, 2012

PACER
98

EO: The Court grants 97 Hawaii Family Forum's unopposed motion to file a combined opposition to Defendant Abercrombie's motion for summary judgment, reply to Plaintiffs' opposition, and response to the brief of Amici Equality Hawaii, not to exceed 12,000 words. (JUDGE ALAN C KAY)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 07/09/2012)

July 9, 2012

July 9, 2012

PACER
99

RESPONSE re 93 Concise Statement in Support of Motion,,, Response to Defendant Governor Neil S. Abercrombie's Concise Statement of Facts (ECF 93) filed by Loretta J. Fuddy. (Attachments: # 1 Declaration of William J. Wynhoff, # 2 Exhibit 5, # 3 Certificate of Service)(Quinn, Rebecca) (Entered: 07/10/2012)

1 Declaration of William J. Wynhoff

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2 Exhibit 5

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3 Certificate of Service

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July 10, 2012

July 10, 2012

PACER
100

MEMORANDUM re 96 Memorandum, 86 Memorandum in Opposition to Motion, 92 COUNTER-MOTION for Partial Summary Judgment Consolidated Memorandum in Opposition and Reply to 1) Defendant Governor Neil S. Abercrombie's Countermotion for Partial Summary Judgment (ECF 92); 2) Plaintiffs' Memorandum in Opposition (ECF 86); and Brief of Amici Curiae (ECF 96) filed by Loretta J. Fuddy. (Attachments: # 1 Certificate of Compliance, # 2 Declaration of William J. Wynhoff Re FRCP 56(d), # 3 Certificate of Service)(Quinn, Rebecca) (Entered: 07/10/2012)

1 Certificate of Compliance

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2 Declaration of William J. Wynhoff Re FRCP 56(d)

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3 Certificate of Service

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July 10, 2012

July 10, 2012

PACER
101

REPLY re 67 MOTION for Summary Judgment, 92 COUNTER-MOTION for Partial Summary Judgment filed by Hawaii Family Forum. (Schowengerdt, Dale) (Entered: 07/10/2012)

July 10, 2012

July 10, 2012

PACER
102

Concise Statement in Opposition re 93 Concise Statement in Support of Motion,,, filed by Hawaii Family Forum. (Attachments: # 1 Declaration, # 2 Exhibit 35, # 3 Exhibit 36, # 4 Exhibit 37, # 5 Exhibit 38, # 6 Exhibit 39, # 7 Exhibit 40)(Schowengerdt, Dale) (Entered: 07/10/2012)

1 Declaration

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2 Exhibit 35

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3 Exhibit 36

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4 Exhibit 37

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5 Exhibit 38

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6 Exhibit 39

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7 Exhibit 40

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July 10, 2012

July 10, 2012

PACER

Case Details

State / Territory: Hawaii

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 7, 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Citizens of Hawaii in same-sex relationships seeking the right to marriage.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Director of Department of Health, State

Hawaii Family Forum, Private Entity/Person

Governor of Hawaii, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Available Documents:

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Discrimination Prohibition

Issues

General:

Marriage

LGBTQ+:

LGBTQ+

Discrimination-basis:

Sex discrimination

Sexual orientation