Dowkin et al v. Honolulu Police Department et al

Hawaii District Court
Judge:Leslie E Kobayashi
Referred: Richard L Puglisi
Case #: 1:10-cv-00087
Nature of Suit442 Civil Rights - Employment
Cause42:2000 Job Discrimination (Race)
Case Filed:Feb 22, 2010
Re-opened:May 14, 2014
Terminated:Apr 01, 2016
Defendant
Boisse Correa
Defendant
City and County of Honolulu
Defendant
Colby Kashimoto
Defendant
Dan Kwon
Defendant
DOES 1-100
Defendant
Honolulu Police Department
Defendant
John McEntire
Defendant
Kenneth Simmons
Defendant
Louis Kealoha
Defendant
Michael Serrao
Defendant
Michael Tamashiro
Defendant
Nyle Dolera
Defendant
Pat Ah Loo
Defendant
Ralston Tanaka
Defendant
Wayne Fernandez
Defendant
William Axt
Interested Party
Merit Bennett
Interested Party
Seth Goldstein
Mediator
Keith Hunter
Plaintiff
Cassandra Bennett Huihui
Plaintiff
Cassandra Bennett-Bagorio
Plaintiff
Federico Delgadillo Martinez Jr.
Plaintiff
Frederico Delgadillo Martinez Jr.
Plaintiff
Shermon Dean Dowkin

GPO Nov 30 2010
ORDER PARTIALLY GRANTING AND PARTIALLY DENYING DEFENDANTS' MOTION FOR PARTIAL DISMISSAL OF FIRST AMENDED COMPLAINT 21 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 11/30/10. ("For the foregoing reasons, the court grants the motion to dismiss Claim 3 (42 U.S.C. § 1981), Claim 11 (bad faith breach of employment contract), and Claim 12 (defamation per se). The court also grants the motion to dismiss Claim 13 (42 U.S.C. § 1983) against the City, but denies the motion to dismiss the portion of Claim 13 directed to individual Defendants. Claim 10 (NIED) is dismissed to the extent it asserts claims by Delgadillo and Bennett-Bagorio, but the portion of Claim 10 brought by Dowkin is not dismissed and remains for further adjudication. The court denies the motion to dismiss Claim 4 (42 U.S.C. § 2000d) and Claim 14 (civil conspiracy). The court also denies the motion to dismiss Claim 8 (negligence) against Lieutenant Kwon, Sergeant Fernandez, and the City, but dismisses Claim 8 as against other Defendants. As Plaintiffs have withdrawn Claim 1 (federal Constitution), Claim 6 (reckless endangerment), and Claim 7 (hate crimes), those claims are no longer in issue in this case. Claim 2 (Title VII), Claim 5 (violation of Hawaii Revised Statutes § 378-2) and Claim 9 (IIED) were not the subject of the present motion and remain for further adjudication. ") (emt, )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
GPO Jul 22 2011
ORDER AFFIRMING MAGISTRATE JUDGE'S ORDER DENYING CITY DEFENDANTS' MOTION TO TRIFURCATE CASE 140; 149 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 7/22/11. (emt, )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
GPO Sep 02 2011
ORDER PARTIALLY GRANTING AND PARTIALLY DENYING DEFENDANTS' MOTION FOR DISMISSAL OF SECOND AMENDED COMPLAINT 145 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 9/2/11. (emt, )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
GPO Oct 24 2011
ORDER GRANTING ALTERNATIVE RELIEF SOUGHT IN MOTION TO RECONSIDER DISMISSAL OF COUNT VIII (CIVIL CONSPIRACY) 169; 170 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 10/24/11. ("The court is, however, persuaded that it should allow an amended civil conspiracy claim to be included in a proposed Third Amended Complaint. Plaintiffs are therefore given leave to do that.") (emt, )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
GPO Oct 27 2011
AMENDED ORDER GRANTING ALTERNATIVE RELIEF SOUGHT IN MOTION TO RECONSIDER DISMISSAL OF COUNT VIII (CIVIL CONSPIRACY) re 169; 170; 185 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 10/27/11. (emt, )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
GPO Jul 03 2012
ORDER (1) DENYING PLAINTIFFS' MOTION FOR LEAVE TO FILE A FOURTH AMENDED COMPLAINT; (2) DENYING PLAINTIFFS' MOTION FOR LEAVE TO SUPPLEMENT THEIR REPLY; (3) DENYING IN PART AND TAKING UNDER ADVISEMENT IN PART PLAINTIFFS' MOTION TO MODIFY RULE 16 SCHEDULING ORDER; AND (4) FOR PLAINTIFFS' COUNSEL TO SHOW CAUSE WHY THEY DID NOT VIOLATE FRCP 11(b) re 283; 318; 319; 329 - Signed by JUDGE RICHARD L. PUGLISI on 7/3/12. -- " In accordance with the foregoing, the Court HEREBY ORDERS as follows: (1) Plaintiffs' Motion for Leave to File a Fourth Amended Complaint, filed on May 10, 2012, is DENIED. (2) Plaintiffs' Motion for Leave to Supplement their Reply to City Defendants' Memorandum in Opposition to Plaintiffs' Motion for Leave to File a Fourth Amended Complaint, filed on June 28, 2012, is DENIED. (3) Plaintiffs' Motion to Modify Rule 16 Scheduling Order, filed on June 20, 2012, is DENIED IN PART AND TAKEN UNDER ADVISEMENT IN PART. Plaintiffs' request to extend the December 30, 2011 deadline to amend pleadings is DENIED. Plaintiffs' request to extend the deadline to file a response to Defendants' expert witness reports is TAKEN UNDER ADVISEMENT. (4) Plaintiffs' counsel is ORDERED TO SHOW CAUSE why they have not violated Fed. R. Civ. P. 11(b) by filing Plaintiffs' Motion for Leave to File a Fourth Amended Complaint. Plaintiffs' counsel shall appear at a show cause hearing on August 2, 2012 at 10:00 a.m. before the undersigned Magistrate Judge, and may submit a memorandum for the Courts consideration by no later than July 19, 2012." ( Show Cause Hearing set for 8/2/2012 10:00 AM before JUDGE RICHARD L. PUGLISI. Motions terminated: 329 MOTION for Leave to File filed by Cassandra Bennett-Bagorio, Frederico Delgadillo Martinez, Jr., Shermon Dean Dowkin, 283 MOTION for Leave to File filed by Cassandra Bennett-Bagorio, Frederico Delgadillo Martinez, Jr., Shermon Dean Dowkin.) (emt, )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
GPO Jul 23 2012
ORDER GRANTING DEFENDANTS' MOTION FOR PARTIAL DISMISSAL OF THIRD AMENDED COMPLAINT re 237 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 7/23/12. -- "The court grants Defendants motion to dismiss the Fourth Cause of Action (negligent training, negligent retention, and failure to report and investigate) to the extent it is asserted against the individual Defendants (but not to the extent it is asserted against the City); the Seventh Cause of Action (§ 1985) in its entirety; and the Eighth Cause of Action (civil conspiracy) in its entirety." (emt, )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
GPO Aug 27 2012
ORDER AFFIRMING MAGISTRATE JUDGE'S ORDER DENYING PLAINTIFFS' MOTION FOR LEAVE TO FILE A FOURTH AMENDED COMPLAINT re 338; 379 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 8/27/12. (emt, )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
GPO Sep 30 2014
ORDER DENYING DEFENDANT CITY AND COUNTY OF HONOLULU'S MOTION TO STAY PENDING RESOLUTION OF 9TH CIRCUIT APPEAL IN RELATED CASE re 463 Motion to Stay. Signed by JUDGE LESLIE E. KOBAYASHI on 09/30/2014. (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
GPO Jun 18 2015
ORDER GRANTING DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT AND JOINDERS THERETO re 531 Motion for Partial Summary Judgmentre 533 Motion for Partial Summary Judgmentre 539 Motion for Joinderre 540 Motion for Joinder Signed by JUDGE LESLIE E. KOBAYASHI on 06/18/2015. (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
GPO Jul 10 2015
ORDER: 1) GRANTING MOTION FOR PARTIAL SUMMARY JUDGMENT AGAINST PLAINTIFFS SERGEANT SHERMON DEAN DOWKIN, OFFICER FEDERICO DELGADILLO MARTINEZ, JR., AND OFFICER CASSANDRA BENNETT HUIHUI ON PUNITIVE DAMAGES; 2) GRANTING MOTION FOR PARTIAL SUMMARY JUDGMENT ON THE FOURTH CAUSE OF ACTION OF THE THIRD AMENDED COMPLAINT (NEGLIGENT TRAINING, NEGLIGENT RETENTION, FAILURE TO REPORT AND INVESTIGATE); AND 3) GRANTING PARTIAL SUMMARY JUDGMENT AGAINST DOWKIN ON THE SIXTH CAUSE OF ACTION (NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS) re 576 Motion for Partial Summary Judgment re 578 Motion for Partial Summary Judgment re 580 Motion for Partial Summary Judgment. Signed by JUDGE LESLIE E. KOBAYASHI on 07/10/2015. (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
GPO Jul 24 2015
tiff Sergeant Shermon Dean Dowkin on the Fifth Cause of Action of the Third Amended Complaint (Intentional Infliction of Emotional Distress), filed April 15, 2015, and the City's joinder thereto, filed April 21, 2015, are HEREBY GRANTED;- TaORDER REGARDING DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT AND JOINDERS THERETO re 586 Motion for Partial Summary Judgment; re 588 Motion for Summary Judgment; re 591 Motion for Partial Summary Judgment; re 593 Motion for Summary Judgment; re 603 Motion for Joinder; re 604 Motion for Joinder; re 605 Motion for Joinder; re 606 Motion for Joinder. - Axt's Motion for Partial Summary Judgment Against Plainnaka and Kashimoto's Motion for Summary Judgment Regarding Punitive Damages and Any Other Outstanding Claims, filed April 15, 2015, and the City's joinder thereto, filed April 21, 2015, are HEREBY GRANTED IN PART AND DENIED IN PART;- Kwon and Fernandez's Motion for Partial Summary Judgment Against All Plaintiffs on the Third Cause of Action in the Third Amended Complaint (Violations of the Hawaii Civil Rights Law - HRS Section 378-2(3)), filed April 15, 2015, and the City's joinder thereto, filed April 21, 2015, are HEREBY DENIED; and- Kwon and Fernandez's Motion for Summary Judgment as to Punitive Damages, filed April 15, 2015, and the City's joinder thereto, filed April 21, 2015, are HEREBY DENIED. Signed by JUDGE LESLIE E. KOBAYASHI on 07/24/2015. The Court summarizes the remaining claims in this matter:- Count I, race and gender discrimination, in violation of Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991, 42 U.S.C. § 2000e-2, et seq., by all Plaintiffs against the City;- Count II, race discrimination, in violation of Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, et seq., by Dowkin and Delgadillo against the City;- Count III, violations of Haw. Rev. Stat. § 378-2(1) and (2) by all Plaintiffs against the City, and violations of § 378-2(3) by all Plaintiffs against Fernandez and Kwon; and- Count V, intentional infliction of emotional distress by Dowkin against Kashimoto as to the October 11, 2010 incident, and by Bennett Huihui against Tanaka as to the October 18, 2010 Porky's Incident. (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

Docket last updated: 14 minutes ago
Friday, April 01, 2016
803 803 3 pgs order Stipulation for Dismissal and Order Fri 04/01 4:02 PM
STIPULATION for Dismissal WITH PREJUDICE AS TO ALL REMAINING CLAIMS AND PARTIES AND ORDER and Order signed by JUDGE LESLIE E KOBAYASHI submitted on behalf of City and County of Honolulu. This Stipulation is made pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure and Local Rule 41.1 and has been signed by counsel for all remaining parties. There are no remaining claims and/or parties. (eps )
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Tuesday, March 29, 2016
802 802 order Stipulation and Order Tue 03/29 4:09 PM
STIPULATION FOR PARTIAL DISMISSAL WITH PREJUDICE OF DEFENDANTS FORMER CHIEF OF POLICE BOISSE CORREA, CURRENT CHIEF OF POLICE LOUIS KEALOHA, ASSISTANT CHIEF MICHAEL TAMASHIRO, MAJOR KENNETH SIMMONS, MAJOR JOHN MCENTIRE, CAPTAIN NYLE DOLERA, LIEUTENANT MICHAEL SERRAO, LIEUTENANT DAN KWON, LIEUTENANT WILLIAM AXT,SERGEANT WAYNE FERNANDEZ,SERGEANT RALSTAN TANAKA, OFFICER COLBY KASHIMOTO AND PAT AH LOO; AND ORDER. Signed by JUDGE LESLIE E. KOBAYASHI on 03/29/2016. -- All claims in this action (including, without limitation, the Third Amended Complaint for Compensatory, Statutory and Punitive Damages filed herein on January 17, 2012) against Defendants FORMER CHIEF OF POLICE BOISSE CORREA, CURRENT CHIEF OF POLICE LOUIS KEALOHA, ASSISTANT CHIEF MICHAEL TAMASHIRO, MAJOR KENNETH SIMMONS, MAJOR JOHN MCENTIRE, CAPTAIN NYLE DOLERA, LIEUTENANT MICHAEL SERRAO, LIEUTENANT DAN KWON, LIEUTENANT WILLIAM AXT, SERGEANT WAYNE FERNANDEZ, SERGEANT RALSTAN TANAKA, OFFICER COLBY KASHIMOTO and PAT AH LOO be and hereby are dismissed with prejudice -- The only remaining claims in this action are Plaintiffs' claims in the Third Amended Complaint (filed on January 17, 2012) against Defendant CITY AND COUNTY OF HONOLULU ("CITY") as follows: (1) Plaintiffs DOWKIN, DELGADILLO and BENNETT HUIHUI's claims against the CITY for alleged violations of Title VII of the Civil Rights Act of 1964 (Count I) and HRS § 378-2 (Count III); and (2) Plaintiffs DOWKIN and DELGADILLO's claims against the CITY for alleged violations of Title VI of the Civil Rights Act of 1964 (Count II). All other claims have been dismissed and/or disposed of by summary judgment. (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)
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