Witeck v. Rodrigues, et al
Federal Civil Lawsuit Hawaii District Court, Case No. 1:00-cv-00316-SPK-BMK
District Judge SAMUEL P KING, presiding

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No Logo John J. Witeck, Plaintiff

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
Space David J. Dezzani +5475 547 547 5600

Toggle Switch Represented by Goodsell Anderson Quinn & Stifel LLP

Name Phone Fax E-Mail
Space Carolyn K. Gugelyk +5475 547 547 5600 cgugelyk@goodsill.com
Space Barbara A. Petrus +5475 547 547 5600 bpetrus@goodsill.com
v.
No Logo Gary W. Rodrigues, Defendant

Toggle Switch Represented by Perkin & Faria

Name Phone Fax E-Mail
Space Brandee J. Faria bjkfaria@perkinlaw.com
Space John F. Perkin +5232 523 523 2300 perkin@perkinlaw.com
No Logo United Public Workers, American Federation of State, County, Municipal Employees, Local 646, AFL-CIO, Defendant

Toggle Switch Represented by Koshiba Agena & Kubota

Name Phone Fax E-Mail
Space James E.T. Koshiba +5233 523 523 3900 jkoshiba@koshibalaw.com
Space Charles A. Price cprice@koshibalaw.com
No Logo Gary W. Rodrigues, Cross-Defendant

Toggle Switch Represented by Perkin & Faria LLC

Name Phone Fax E-Mail
Space Brandee J. Faria bjkfaria@perkinlaw.com
Space John F. Perkin +5232 523 523 2300 perkin@perkinlaw.com
Office Hawaii
Filed 5/1/2000
Jury Demand Both
Demand $0
Nature of Suit 442 - Civil Rights: Employment
Cause Section 28 U.S.C. § 1331 Fed. Question
Jurisdiction Federal Question
Disposition Dismissed - Settled
County Honolulu
Terminated 6/30/2003
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag TERMED
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Blank 97 Filed: 6/30/2003, Entered: 7/1/2003 Stipulation and OrderCourt Filing
STIPULATION for dismissal with prejudice of all claims and all parties and ORDER by Judge Samuel P. King : terminating case (sm)
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    Blank 96 Filed: 6/17/2003, Entered: 6/18/2003 Minutes-MiscellaneousCourt Filing
    EO : The Case has Settled. (Per Atty. Brandee J. Farias) Stipulation for Dismissal is being circulated and will be submitted for Court approval. The following listed dates have been vacated- Settlement Conference-06-18-03 before Judge Kurren. Defendant Gary W. Rodrigues' Motion to Strike or Alternatively Motion to Dismiss-set for hearing on July 2, 2003 before Judge S. King. Final PreTrial Conference-07-22-03 before Judge Kurren. Jury Trial-September 03, 2003 before Judge S. King () JUDGE Mag Judge Barry M. Kurren (sm)
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      Blank 95 Filed: 6/12/2003, Entered: 6/13/2003 Notice of Dismissal
      NOTICE OF DISMISSAL of defendant Unitied Public Workers, AFSCME, Local 646, AFLO- CIO's cross-claim against defendant Gary W. Rodrigues, filed May 1, 2003; certificate of service (sm)
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        Blank 93 Filed: 5/28/2003, Entered: 5/29/2003 Certificate Of Service.
        CERTIFICATE of service by plaintiff John J. Witeck (sm)
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          Blank 94 Filed: 5/27/2003, Entered: 5/29/2003 Minutes-MiscellaneousCourt Filing
          EP : Status Conference Re Deadlines held. Discovery deadline continued from 7-4-03 to 8-4-03. () JUDGE Mag Judge Barry M. Kurren (sm)
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            Sealed Legal Document 92 Filed: 5/23/2003, Entered: 5/27/2003 Minutes-MiscellaneousCourt Filing
            EO: Status conference re deadlines set for 5/27/03 10:00 a.m. before BMK; Joanne from Petrus' office to notify parties Mag Judge Barry M. Kurren (sealed)
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              Blank 91 Filed: 5/15/2003, Entered: 5/16/2003 Motion to StrikeCourt Filing
              NOTICE OF Hearing; Defendant Gary W. Rodrigues' MOTION to strike or alternatively Motion to Dismiss Defendant United Public Workers, AFSCME, Local 646, AFL-CIO's Cross-Claim Against Gary W. Rodrigues filed May 1, 2003 ; Memorandum in Support of Motion; Declaration of Brandee J. Faria; Exhibit 1; Certificate of Service set for 11:00 7/2/03 before Judge Samuel P. King (gs)
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                Blank 90 Filed: 5/7/2003, Entered: 5/7/2003 Certificate Of Service.
                CERTIFICATE of service by plaintiff John J. Witeck (gs)
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                  Blank 89 Filed: 5/1/2003, Entered: 5/2/2003 Crossclaim
                  Defendant United Public Workers, AFSCME, Local 646, AFL-CIO's CROSSCLAIM against defendant Gary W. Rodrigues; Summons; Certificate of Service (gs)
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                    Blank 88 Filed: 4/29/2003, Entered: 4/30/2003 Certificate Of Service.
                    CERTIFICATE of service by plaintiff John J. Witeck (gs)
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                      Blank 87 Filed: 1/15/2003, Entered: 1/17/2003 Miscellaneous Document
                      ATTORNEY SUBSTITUTION: terminating attorney Robert F. Miller, Fred H. Altshuler, Rita Himes, Stacey M. Leyton for United Public Workers, AFSCME, LOCAL 646, AFL-CIO and substituting attorney James Koshiba, Charles A. Price of the law firm of Koshiba Agena & Buota (lmg)
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                        Blank 86 Filed: 12/17/2002, Entered: 12/20/2002 Certificate Of Service.
                        CERTIFICATE of service by plaintiff (lmg)
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                          Blank 85 Filed: 12/12/2002, Entered: 12/13/2002 Certificate Of Service.
                          CERTIFICATE of service by plaintiff (lmg)
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                            Blank 84 Filed: 9/20/2002, Entered: 9/20/2002 Notice of Appearance/
                            NOTICE of firm name and address change; certificate of service - new firm's name: Perkin & Faria, LLLC for defendant Gary W. Rodrigues by (lmg)
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                              Blank 83 Filed: 9/12/2002, Entered: 9/16/2002 Minutes-MiscellaneousCourt Filing
                              EO :Continued: ; settlement conference from 09/23/02 2:00 PM to 6/18/03 11:00 AM, before Mag Judge Barry M. Kurren ; Brandee Faria to notify parties ( Ct Rptr : ) JUDGE Mag Judge Barry M. Kurren (lmg)
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                                Blank 82 Filed: 9/10/2002, Entered: 9/11/2002 Stipulation and OrderCourt Filing
                                STIPULATION to continue the settlement conference scheduled for September 23, 2002 and ORDER by Mag Judge Barry M. Kurren : - by deft (fe)
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                                  Blank 81 Filed: 7/22/2002, Entered: 7/24/2002 Minutes-MiscellaneousCourt Filing
                                  EO : MINUTE ORDER AMENDING SCHEDULING CONFERENCE ORDER Pursuant to the First Stipulation to Continue Trial and Pretrial Deadline, filed July 17, 2002, the Scheduling Conference Order is amended as follows: 1. Jury trial on September 3, 2003 at 9:00.a.m. before SPK 2. Final Pretrial Conference on July 22, 2003 at 9:00a.m. before BMK 3. Final Pretrial Conference before District Judge N/A 4. Final Pretrial Statement by July 15, 2003 5. File motions to Join/Add Parties/Amend Pleadings by January 31, 2003 6. File other Non-Dispositive Motions by June 4, 2003 7. File Dispositive Motions by April 2, 2003 8a. File Motions in Limine by August 12, 2003 8b. File opposition memo to a Motion in Limine by August 19, 2003 11a. Plaintiff's Expert Witness Disclosures N/A 11b. Defendant's Expert Witness Disclosures N/A 12. Discovery deadline July 4, 2003 13. Settlement Conference set for 09/23/02 at 2:00 p.m. before BMK 14. Settlement Conference statements by 09/16/22 20. Submit Voir Dire Questions, Special Verdict Form, Concise Statement of Case and Jury Instructions by August 19, 2003 21. File Final witness list by August 12, 2003 24. Exchange Exhibit and Demonstrative aids by August 5, 2003 25. Stipulations re: Authenticity/Admissibility of Proposed Exhibits by August 12, 2003 26. File objections to the Exhibits by August 19, 2003 28a. File Deposition Excerpt Designations by August 12, 2003 28b. File Deposition Counter Designations and Objections by August 19, 2003 29. File Trial Brief by August 19, 2003 30. File Findings of Fact & Conclusions of Law by N/A Other Matters: N/A cc: David J. Dezzani, Esq. John Francis Perkin, Esq. Robert F. Miller, Esq. Judge Samuel P. King's chambers ; Jury Trial set for 9:00 9/3/03 before Judge Samuel P. King , ; final pretrial conference set for 9:00 7/22/03 before Mag Judge Barry M. Kurren , ; settlement conference set for 2:00 9/23/02 before Mag Judge Barry M. Kurren , ; Discovery ddl set for 7/4/03 ; file dispositive motions by 4/2/03 ( Ct Rptr : ) JUDGE Judge Samuel P. King (lmg) Modified on 07/24/2002
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                                    Blank 80 Filed: 7/17/2002, Entered: 7/24/2002 Stipulation and OrderCourt Filing
                                    First STIPULATION to continue trial and pretrial deadline - by Judge Samuel P. King : ; Jury trial continued to 9:00 9/3/03 - on behalf of defendant (lmg)
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                                      Blank 79 Filed: 2/8/2002, Entered: 2/11/2002 Answer
                                      ANSWER by defendant Gary W. Rodrigues to the first amended complaint; demand for jury trial; certificate of service [60-1] (afc)
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                                        Blank 78 Filed: 2/7/2002, Entered: 2/11/2002 Answer
                                        ANSWER and affirmative defenses by defendant United Public Worker to first amended complaint; demand for jury trial; certificate of service [60-1] (afc)
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                                          Blank 77 Filed: 1/24/2002, Entered: 1/28/2002 OrderCourt Filing
                                          ORDER granting in part and denying in part motions to dismiss certain claims in first amended complaint by Judge Samuel P. King [64-1][63-1] - [court grants the motions to dismiss the state law claims in the first amended complaint, dismissal is with prejudice; claims are preserved for appeal. Motions to dismiss ERISA claim are denied. COUNT VIII (ERISA) remains.] (cc: all counsel) (afc)
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                                            Blank 76 Filed: 1/24/2002, Entered: 1/28/2002 Minutes-MiscellaneousCourt Filing
                                            EP: Defendant UPW Motion to Dismiss Counts I, II, IV, V and VIII of First Amended Complaint for Failure to State a Claim Upon Which Relief Can Be Granted . Defendant Gary W. Rodrigues' Motion to Dismiss Counts I, II, IV, V, and VII of First Amended Complaint for Failure to State a Claim Upon Which Relief Can Be Granted: Arguments made. All motions taken under advisement. [63-1][64-1] (Ct Rptr: Lisa Groulx) JUDGE Judge Samuel P. King (afc)
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                                              Blank 75 Filed: 1/23/2002, Entered: 1/24/2002 OrderCourt Filing
                                              ORDER by Mag Judge Barry M. Kurren granting application for admission pro hac vice [74-1] [74-2] - [attorney Stacey M. Leyton of law firm Altshuler, Berzon, Nussbaum, Rubin & Demain admitted PHV; associate counsel: Robert F. Miller of Altshuler, Berzon, Nussbaum, Rubin & Demain] (afc)
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                                                Blank 74 Filed: 1/18/2002, Entered: 1/24/2002, Terminated: 1/23/2002 Miscellaneous DocumentCourt Filing
                                                APPLICATION by defendant United Public Worker for attorney Stacey M. Leyton to appear pro hac vice ; declaration of Stacey M. Leyton; declaration of Robert F. Miller; proposed order granting application; certificate of service - referred to Mag Judge Barry M. Kurren (afc)
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                                                  Blank 73 Filed: 1/15/2002, Entered: 1/16/2002 Minutes-MiscellaneousCourt Filing
                                                  EO: Defendant UPW's Motion to Dismiss Counts I, II, IV, V and VIII of First Amended Complaint for Failure to State a Claim upon which relief can be granted [63-1], and Defendant Gary W. Rodrigues' Motion to Dismiss Counts I, II, IV, V and VII of First Amended Complaint for Failure to State a Claim upon which relief can be granted [64-1] set for hearing on January 23, 2002 is hereby continued to January 24, 2002 @ll:00 a.m. before Judge Samuel P. King. (Judge S. King is unavailable on January 23, 2002) () JUDGE Judge Samuel P. King (afc)
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                                                    Blank 72 Filed: 1/14/2002, Entered: 1/14/2002 Reply to Response to Motion
                                                    REPLY MEMORANDUM by defendant United Public Worker in support of their motion to dismiss counts I, II, IV, V and VIII of first amended complaint for failure to state a claim upon which relief can be granted [63-1]; certificate of service (afc)
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                                                      Blank 71 Filed: 1/14/2002, Entered: 1/14/2002 Certificate Of Service.
                                                      CERTIFICATE of service (afc)
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                                                        Blank 70 Filed: 1/4/2002, Entered: 1/7/2002 Memorandum in Opposition to Motion
                                                        MEMORANDUM by plaintiff in opposition to defendants' motions to dismiss; certificate of service [64-1], [63-1] (afc)
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                                                          Blank 69 Filed: 12/21/2001, Entered: 12/21/2001 Scheduling OrderCourt Filing
                                                          AMENDED RULE 16 SCHEDULING ORDER Mag Judge Barry M. Kurren (cc: all counsel) (afc)
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                                                            Blank 68 Filed: 12/19/2001, Entered: 12/21/2001 Certificate Of Service.
                                                            CERTIFICATE of service (afc)
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                                                              Blank 67 Filed: 12/18/2001, Entered: 12/21/2001 Minutes-MiscellaneousCourt Filing
                                                              EP: Rescheduling Conference held. New dates given. Court to prepare amended scheduling order. 1. Jury trial on December 3, 2002 at 9:00.a.m. before SPK 2. Final Pretrial Conference on October 22, 2002 at 9:00a.m. before BMK 3. 4. Final Pretrial Statement by October 15, 2002 5. NA 6. File other Non-Dispositive Motions by September 4, 2002 7. File Dispositive Motions by August 2, 2002 8a. File Motions in Limine by November 12, 2002 8b. File opposition memo to a Motion in Limine by November 19, 2002 11a. Plaintiff's Expert Witness Disclosures by June 3, 2002 11b. Defendant's Expert Witness Disclosures by July 3, 2002 12. Discovery deadline October 4, 2002 13. Settlement Conference set for September 23, 2002 at 2:00 p.m. before BMK 14. Settlement Conference statements by September 16, 2002 20. Submit Voir Dire Questions, Special Verdict Form, Concise Statement of Case and Jury Instructions by November 19, 2002 21. File Final witness list by November 12, 2002 24. Exchange Exhibit and Demonstrative aids by November 5, 2002 25. File Stipulations re: Authenticity/Admissibility of Proposed Exhibits by November 12, 2002 26. File objections to the Exhibits by November 19, 2002 28a. File Deposition Excerpt Designations by November 12, 2002 28b. File Deposition Counter Designations and Objections by November 19, 2002 29. File Trial Brief by November 19, 2002 [Jury Trial set for 9:00 12/3/02 before Judge Samuel P. King ; final pretrial conference set for 9:00 10/22/02; Discovery ddl set for 10/4/02; Motion filing set for 8/2/02; settlement conference set for 2:00 9/23/02 before Mag Judge Barry M. Kurren] (Ct Rptr: Chambers) JUDGE Mag Judge Barry M. Kurren (afc)
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                                                                Blank 66 Filed: 12/6/2001, Entered: 12/10/2001 Certificate Of Service.
                                                                CERTIFICATE of service (afc)
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                                                                  Blank 65 Filed: 12/3/2001, Entered: 12/7/2001 Description not available
                                                                  RULE 26(A)(2) DISCLOSURE OF EXPERT WITNESSES; certificate of service - by plaintiff (afc)
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                                                                    Blank 64 Filed: 11/21/2001, Entered: 11/23/2001, Terminated: 1/24/2002 Motion to DismissCourt Filing
                                                                    NOTICE OF MOTION and motion by defendant Gary W. Rodrigues to dismiss counts I, II, IV, V and VII of first amended complaint for failure to state a claim upon which relief can be granted ; certificate of service - set for 11:00 1/23/02 before Judge Samuel P. King (afc)
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                                                                      Blank 63 Filed: 11/20/2001, Entered: 11/23/2001 Motion to DismissCourt Filing
                                                                      NOTICE OF MOTION and motion by defendant United Public Workers to dismiss counts I, II, IV, V and VIII of first amended complaint for failure to state a claim upon which relief can be granted ; memorandum in support of motion to dismiss; certificate of service - set for 11:00 1/23/02 before Judge Samuel P. King (afc)
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                                                                        Blank 62 Filed: 11/19/2001, Entered: 11/21/2001 Certificate Of Service.
                                                                        CERTIFICATE of service (afc)
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                                                                          Blank 61 Filed: 11/19/2001, Entered: 11/21/2001 Certificate Of Service.
                                                                          CERTIFICATE of service (afc)
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                                                                            Blank 60 Filed: 11/2/2001, Entered: 11/5/2001 Amended Complaint
                                                                            FIRST AMENDED COMPLAINT [1-1] by plaintiff John J. Witeck; demand for jury trial; summons(es); certificate of service (eps)
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                                                                              Blank 59 Filed: 10/25/2001, Entered: 10/26/2001 OrderCourt Filing
                                                                              ORDER denying defendant United Public Workers' motion for stay of proceedings, filed 4/9/01 by Mag Judge Barry M. Kurren [42-1] - filed by plaintiff (afc)
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                                                                                Blank 58 Filed: 10/23/2001, Entered: 10/24/2001 Certificate Of Service.
                                                                                CERTIFICATE of service (afc)
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                                                                                  Blank 57 Filed: 10/5/2001, Entered: 10/10/2001 Minutes-MiscellaneousCourt Filing
                                                                                  EP: UPW's M/Stay Proceedings - DENIED. Discovery permitted. Deposition of Rodrigues and his daughter may be postponed till after completion of the criminal trial. Dezzani to prepare order. [42-1] (Ct Rptr: C6 Tape 1169) JUDGE Mag Judge Barry M. Kurren (afc)
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                                                                                    Blank 56 Filed: 9/24/2001, Entered: 9/25/2001 Reply to Response to Motion
                                                                                    REPLY MEMORANDUM by defendant United Public Workers in support of UPW's motion for stay of proceedings [42-1]; certificate of service (afc)
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                                                                                      Blank 55 Filed: 9/24/2001, Entered: 9/25/2001 Response - Miscellaneous
                                                                                      REQUEST by defendant United Public Workers for Judicial Notice in support of UPW's motion for stay of proceedings [42-1]; certificate of service (afc)
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                                                                                        Blank 54 Filed: 9/17/2001, Entered: 9/19/2001 Memorandum in Opposition to Motion
                                                                                        MEMORANDUM by plaintiff in opposition to motion for stay of proceedings [42-1]; declaration of Barbara A. Petrus; exhibits a-b; certificate of service (afc)
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                                                                                          Blank 53 Filed: 8/24/2001, Entered: 8/27/2001 Notice of Hearing.Court Filing
                                                                                          AMENDED NOTICE by defendant United Public Worker of hearing deft's UPW's motion for stay of proceedings [42-1]; certificate of service - hearing set for 2:00 10/5/01 before Mag Judge Barry M. Kurren (afc)
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                                                                                            Blank 52 Filed: 8/23/2001, Entered: 8/26/2001 Minutes-MiscellaneousCourt Filing
                                                                                            EO: UPW's M/Stay Proceedings is set for hearing on 10-5-01 @ 2 p.m. BMK. Tina from Robert Miller's office to notify parties. [42-1] () JUDGE Mag Judge Barry M. Kurren (afc)
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                                                                                              Blank 51 Filed: 7/11/2001, Entered: 7/12/2001 Minutes-MiscellaneousCourt Filing
                                                                                              EP: Plaintiff John Witeck's motion for certification pursuant to 28 U.S.C. 1292(B) - Arguments heard. Motion Denied. [46-1] (Ct Rptr: Lisa Groulx) JUDGE Judge Samuel P. King (afc)
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                                                                                                Blank 50 Filed: 6/29/2001, Entered: 7/4/2001 Reply to Response to Motion
                                                                                                REPLY MEMORANDUM by plaintiff in support of plaintiff's motion for certification pursuant to 28 U.S.C. 1292(B) [46-1]; declaration of counsel; exhibit a; certificate of service (afc)
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                                                                                                  Blank 49 Filed: 6/22/2001, Entered: 6/24/2001 Memorandum in Opposition to Motion
                                                                                                  JOINDER by defendant Gary W. Rodrigues in deft United Public Workers' memorandum in opposition to motion for certification pursuant to 28 U.S.C. 1292(B); certificate of service [46-1] [48-1] (afc)
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                                                                                                    Blank 48 Filed: 6/20/2001, Entered: 6/24/2001 Memorandum in Opposition to Motion
                                                                                                    MEMORANDUM by defendant United Public Worker in opposition to motion for certification pursuant to 28 U.S.C. 1292(B) [46-1]; certificate of service (afc)
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                                                                                                      Blank 47 Filed: 5/14/2001, Entered: 5/15/2001 Stipulation and OrderCourt Filing
                                                                                                      FIRST STIPULATION to continue hearing of deft United Public Workers' motion for stay of proceedings [42-1]; ORDER by Mag Judge Barry M. Kurren - hearing set for 5/11/01 is continued until resolution of pltf's 1292(B) certification (afc)
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                                                                                                        Blank 45 Filed: 4/30/2001, Entered: 4/30/2001 Reply to Response to Motion
                                                                                                        REPLY MEMO by defendant United Public Workers, AFSCME, Local 646 AFL-CIO in support of its motion for stay of proceedings [42-1]; certificate of service (afc)
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                                                                                                          Blank 46 Filed: 4/27/2001, Entered: 5/4/2001 Motion to Certify ClassCourt Filing
                                                                                                          NOTICE OF MOTION and motion by plaintiff for certification pursuant to 28 U.S.C. 1292(B) ; (pltf moves court for an order certifying that court's 3/20/01 order granting ms/dismiss state law claims, is appropriate for immediate appeal); memorandum in support of motion; affidavit of counsel; exhibit a; certificate of service - set for 11:00 7/11/01 before Judge Samuel P. King (afc)
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                                                                                                            Blank 44 Filed: 4/23/2001, Entered: 4/24/2001 Response/Reply - Miscellaneous
                                                                                                            STATEMENT OF POSITION by plaintiff in response to defendants motion for stay of proceedings [42-1]; declaration of counsel; certificate of service [plaintiff intends to file by 4/27/01 a M/certification purs to 28:1292 requesting (1) court issue an order certifying court's order granting m/dismiss filed 3/20/01 is appropriate for appeal and (2) that further proceedings in action be stayed pending application to 9CCA for immediate appeal and if 9CCA permits appeal from order pending determination of appeal] (afc)
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                                                                                                              Blank 43 Filed: 4/9/2001, Entered: 4/10/2001 Joinder
                                                                                                              JOINDER by defendant Gary W. Rodrigues in motion for stay of proceedings [42-1]; certificate of service (afc)
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                                                                                                                Blank 42 Filed: 4/9/2001, Entered: 4/10/2001, Terminated: 10/25/2001 Motion to StayCourt Filing
                                                                                                                NOTICE OF MOTION and motion by defendant United Public Worker for stay of proceedings ; memorandum of points and authorities in support; declaration of Fred H. Altshuler; declaration of John Francis Perkin; and certificate of service - set for 2:00 5/11/01 before Mag Judge Barry M. Kurren (afc) Modified on 05/15/2001
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                                                                                                                  Blank -- Filed: 3/28/2001, Entered: 3/29/2001 Transcript
                                                                                                                  ORIGINAL TRANSCRIPT filed ( Ct Rptr Cynthia Fazio) taken on 3/16/01 (eps)
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                                                                                                                    Blank 41 Filed: 3/20/2001, Entered: 3/20/2001 OrderCourt Filing
                                                                                                                    ORDER GRANTING MOTIONS TO DISMISS STATE LAW CLAIMS by Judge Samuel P. King - [plaintiff may file an amended complaint to add state law claims that are not preempted, if he can do so under the restraints of Rule 11 FRCVP.... State law claims in Counts I, II, IV, V and VI are dismissed; dismissals are without prejudice to the filing of an AMENDED COMPLAINT, should pltf be able in good faith to correct deficiencies in the pleading [34-1], [33-1] (cc: all counsel) (afc)
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                                                                                                                      Blank 40 Filed: 3/16/2001, Entered: 3/19/2001 Minutes-MiscellaneousCourt Filing
                                                                                                                      EP: Defendant United Public Worker's Motion to Dismiss Counts 1, 2, 4 & 5 of the Complaint for Failure to State a Claim upon which Relief can be Granted [34-1], and Defendant Gary W. Rodrigues' Motion to Dismiss Counts 1, 2, 4, 5 & 6 for Failure to State a Claim Under F.R.C.P. Rule 12(b) (6) [33-1]-Oral Argument Held. These Two Motions' are hereby under Submission to this Court. (Ct Rptr: Cynthia Fazio) JUDGE Judge Samuel P. King (afc)
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                                                                                                                        Blank 39 Filed: 3/5/2001, Entered: 3/6/2001 Reply
                                                                                                                        REPLY memorandum by defendant Gary W. Rodrigues re pltf John Witeck's memorandum in opposition to deft Gary W. Rodrigues motion to dismiss Counts I, II, IV, V and VI for failure to state a claim under FRCP Rule 12(b)(6) filed on 1/2/01 [36-1]; certificate of service (fe)
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                                                                                                                          Blank 38 Filed: 3/5/2001, Entered: 3/6/2001 Memorandum in Support of Motion
                                                                                                                          MEMORANDUM by defendant United Public Worker in support of motion to dismiss counts I, II, IV and V of the complaint for failure to state a claim upon which relief can be granted [34-1]; certificate of service (fe)
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                                                                                                                            Blank 37 Filed: 2/26/2001, Entered: 2/27/2001 Memorandum in Opposition to Motion
                                                                                                                            MEMORANDUM by plaintiff John J. Witeck in opposition to defendant United Public Workers' motion to dismiss counts I, II, IV and V of the complaint for failure to state a claim upon which relief can be granted [34-1]; certificate of service (fe)
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                                                                                                                              Blank 36 Filed: 2/26/2001, Entered: 2/26/2001 Memorandum in Opposition to Motion
                                                                                                                              MEMORANDUM by plaintiff John J. Witeck in opposition to deft Gary W. Rodrigues' motion to dismiss counts I, II, IV, V and VI for failure to state a cliam under FRCP rule 12(b)(6) [33-1]; certificate of service (fe)
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                                                                                                                                Blank 35 Filed: 2/15/2001, Entered: 2/15/2001 Minutes-MiscellaneousCourt Filing
                                                                                                                                EO: Defendant United Public Workers's Motion to Dismiss Counts 1, 2, 4 & 5 of the Complaint for Failure to State a Claim upon which Relief can be Granted [34-1] and Defendant Gary W. Rodrigues' Motion to Dismiss Counts 4, 5 & 6 for Failure to State a Claim Under F.R.C.P. Rule 12(b) (6) [doc 33-1] set for hearing on 02-23-2001 are continued to 03-16-2001 @ll:00 a.m. before this Court. () JUDGE Judge Samuel P. King (cc: all counsel of record) (afc)
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                                                                                                                                  Blank 34 Filed: 1/2/2001, Entered: 1/3/2001, Terminated: 3/20/2001 Motion to DismissCourt Filing
                                                                                                                                  NOTICE OF MOTION and motion by defendant United Public Worker to dismiss counts I, II, IV and V of the complaint for failure to state a claim upon which relief can be granted ; memorandum in support of motion; appendix to memorandum in support of motion; certificate of service - set for 11:00 2/23/01 before Judge Samuel P. King (afc)
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                                                                                                                                    Blank 33 Filed: 1/2/2001, Entered: 1/3/2001 Motion to DismissCourt Filing
                                                                                                                                    NOTICE OF MOTION and motion by defendant Gary W. Rodrigues to dismiss counts I, II, IV, V and VI for failure to state a cliam under FRCP rule 12(b)(6) ; memorandum in support; certificate of service - set for 11:00 2/23/01 before Judge Samuel P. King (afc)
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                                                                                                                                      Blank 32 Filed: 12/6/2000, Entered: 12/7/2000 Scheduling OrderCourt Filing
                                                                                                                                      RULE 16 SCHEDULING ORDER Mag Judge Barry M. Kurren (cc: all counsel) (afc)
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                                                                                                                                        Blank 31 Filed: 12/5/2000, Entered: 12/7/2000 OrderCourt Filing
                                                                                                                                        ORDER granting defendant United Public Workers' motion to set aside entry of default - by Mag Judge Barry M. Kurren [6-1] [4-1] (cc: all counsel) (afc)
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                                                                                                                                          Blank 30 Filed: 12/5/2000, Entered: 12/7/2000 OrderCourt Filing
                                                                                                                                          ORDER denying defendants' motions for more definite statement [18-1] [15-1] - by Mag Judge Barry M. Kurren (cc: all counsel) (afc)
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                                                                                                                                            Blank 29 Filed: 12/1/2000, Entered: 12/5/2000 Minutes-MiscellaneousCourt Filing
                                                                                                                                            EP: M/Set Aside Entry of Default Against Defendant United Public Workers, AFSCME, Local 646, AFL-CIO [6-1] [4-1] - GRANTED. United Public Workers M/More Definite Statement [15-1] - DENIED w/o prejudice.Gary Rodrigues' M/More Definite Statement [18-1] - DENIED w/o prejudice. Court to prepare order. Defts have till 1-2-01 to file responsive pleading. Rule 16 Scheduling Conference - dates given. Court to prepare order. Jury trial on June 4, 2002 at 9:00.a.m. before SPK 1. Final Pretrial Conference on April 23, 2002 at 9:00 a.m. before BMK 2. 3. Final Pretrial Statement by April 16, 2002 4. File motions to Join/Add Parties/Amend Pleadings by November 2, 2001 5. File other Non-Dispositive Motions by March 6, 2002 6. File Dispositive Motions by January 2, 2002 8a. File Motions in Limine by May 14, 2002 8b. File opposition memo to a Motion in Limine by May 21, 2002 10. Exchange Initial Disclosures - parties area to immediately comply with FRCP Rule 26(a)(1) 11a. Plaintiff's Expert Witness Disclosures by December 3, 2001 11b. Defendant's Expert Witness Disclosures by January 2, 2002 12. Discovery deadline April 5, 2002 13. Settlement Conference set for April 1, 2002 at 2:00 p.m. before BMK 14. Settlement Conference statements by March 26, 2002 20. Submit Voir Dire Questions, Special Verdict Form, Concise Statement of Case and Jury Instructions by May 21, 2002 21. File Final witness list by May 14, 2002 24. Exchange Exhibit and Demonstrative aids by May 7, 2002 25. File Stipulations re: Authenticity/Admissibility of Proposed Exhibits by May 14, 2002 26. File objections to the Exhibits by May 21, 2002 28a. File Deposition Excerpt Designations by May 14, 2002 28b. File Deposition Counter Designations and Objections by May 21, 2002 29. File Trial Brief by May 21, 2002 30. rule 16 conference held on 2:30 12/1/00; Jury Trial set for 9:00 6/4/02; final pretrial conference set for 9:00 4/23/02; Discovery ddl set for 8/5/02; Motion filing ddl set for 1/2/02; settlement/status conference set for 2:00 4/1/02 (Ct Rptr: Tape-C6) JUDGE Mag Judge Barry M. Kurren (afc) Modified on 12/13/2000
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                                                                                                                                              Blank 28 Filed: 11/27/2000, Entered: 11/28/2000 Scheduling Conference Statement
                                                                                                                                              SCHEDULING CONFERENCE STATEMENT; certificate of service - by defendant United Public Worker (afc)
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                                                                                                                                                Blank 27 Filed: 11/22/2000, Entered: 11/25/2000 Scheduling Conference Statement
                                                                                                                                                SCHEDULING CONFERENCE STATEMENT; certificate of service - by defendant Gary W. Rodrigues (afc)
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                                                                                                                                                  Blank 26 Filed: 11/21/2000, Entered: 11/24/2000 Scheduling Conference Statement
                                                                                                                                                  SCHEDULING CONFERENCE STATEMENT; certificate of service - by plaintiff (afc)
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                                                                                                                                                    Blank 25 Filed: 11/20/2000, Entered: 11/24/2000 Reply to Response to Motion
                                                                                                                                                    REPLY MEMORANDUM in support of its motion for a more definite statement, filed September 6, 2000; certificate of service - by defendant United Public Workers [18-1] (afc)
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                                                                                                                                                      Blank 24 Filed: 11/20/2000, Entered: 11/24/2000 Reply to Response to Motion
                                                                                                                                                      REPLY MEMORANDUM in support of its motion to set aside entry of default, filed on July 14, 2000; supplemental declaration of Robert F. Miller, exhibit 1; declaration of Tina Ortogero; certificate of service - by defendant United Public Workers [6-1] (afc)
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                                                                                                                                                        Blank 23 Filed: 11/17/2000, Entered: 11/20/2000 Reply to Response to Motion
                                                                                                                                                        REPLY by defendant Gary W. Rodrigues to plaintiff John J. Witeck's memorandum in opposition to Gary W. Rodrigues' motion for a more definite statement [18-1]; certificate of service (afc)
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                                                                                                                                                          Blank 22 Filed: 11/14/2000, Entered: 11/17/2000 Report of Planning Meeting
                                                                                                                                                          REPORT OF PARTIES PLANNING MEETING; certificate of service - by plaintiff (afc)
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                                                                                                                                                            Blank 21 Filed: 11/13/2000, Entered: 11/14/2000 Memorandum in Opposition to Motion
                                                                                                                                                            MEMORANDUM by plaintiff in opposition to motion for a more definite statement; certificate of service [18-1] (afc)
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                                                                                                                                                              Blank 20 Filed: 11/13/2000, Entered: 11/14/2000 Memorandum in Opposition to Motion
                                                                                                                                                              MEMORANDUM by plaintiff in opposition to motion for a more definite statement; certificate of service [15-1] (afc)
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                                                                                                                                                                Blank 19 Filed: 11/13/2000, Entered: 11/14/2000 Memorandum in Opposition to Motion
                                                                                                                                                                MEMORANDUM by plaintiff in opposition to motion to set aside entry of default against defendant United Public Workers, AFSCME, Local 646, AFL-CIO; declaration of Barbara A. Petrus; exhibit a; affidavit of Mark Peacock; affidavit of John J. Witeck; certificate of service [6-1] (afc)
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                                                                                                                                                                  Blank -- Filed: 11/13/2000, Entered: 11/14/2000 Memorandum in Opposition to Motion
                                                                                                                                                                  Text not available.
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                                                                                                                                                                    Blank 18 Filed: 10/18/2000, Entered: 10/18/2000, Terminated: 12/1/2000 Motion for More Definite StatementCourt Filing
                                                                                                                                                                    NOTICE OF MOTION and motion by defendant Gary W. Rodrigues for a more definite statement ; memorandum in support; certificate of service - set for 2:30 12/1/00 before Mag Judge Barry M. Kurren (afc)
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                                                                                                                                                                      Blank 17 Filed: 10/16/2000, Entered: 10/17/2000 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                      EO: M/Set Aside Entry of Default Against Defendant United Public Workers [6-1]; UPW's M/More Definite Statement [15-1], and Rule 16 Scheduling Conference cont from 11-3-00 to 12-1-00 @ 2:30, BMK. Joanne from Petrus' office to notify parties. () JUDGE Mag Judge Barry M. Kurren (afc)
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                                                                                                                                                                        Blank 16 Filed: 9/28/2000, Entered: 10/2/2000 Service - Miscellaneous
                                                                                                                                                                        RETURN OF SERVICE executed upon defendant Gary W. Rodrigues on 9/28/00 - refused to sign (eps)
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                                                                                                                                                                          Blank 15 Filed: 9/6/2000, Entered: 9/8/2000 Motion for Miscellaneous ReliefCourt Filing
                                                                                                                                                                          NOTICE OF HEARING; motion by defendant United Public Workers for a more definite statement ; memorandum of points and authorities in support thereof; certificate of service - set for 2:00 11/3/00 before Mag Judge Barry M. Kurren (lmg)
                                                                                                                                                                            LREF
                                                                                                                                                                            Blank 14 Filed: 8/25/2000, Entered: 8/28/2000 Certificate Of Service.
                                                                                                                                                                            CERTIFICATE of service (lmg)
                                                                                                                                                                              LREF
                                                                                                                                                                              Blank 13 Filed: 8/15/2000, Entered: 8/21/2000 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                              EO : motion to set aside entry of default against defendant United Public Workers, AFSCME, Local 646, AFL-CIO [6-1] cont from 10/13/00 to 2:00 11/3/00 rule 16 conference cont from 10/13/00 to 2:00 11/3/00 before Mag Judge Barry M. Kurren ; Tina from Miller's office to notify parties ( Ct Rptr : ) JUDGE Mag Judge Barry M. Kurren (eps)
                                                                                                                                                                                LREF
                                                                                                                                                                                Blank 12 Filed: 8/11/2000, Entered: 8/15/2000 Service - Miscellaneous
                                                                                                                                                                                RETURN AND ACKNOWLEDGMENT OF SERVICE executed: complaint, demand for jury trial and summons document served upon defendant United Public Worker, thru Ronald Yamanaka, Oahu Treasurer, authorized agent on 8/3/00 [Ronald Yamanaka refused to sign] (lmg)
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                                                                                                                                                                                  Blank 11 Filed: 8/10/2000, Entered: 8/11/2000 Certificate Of Service.
                                                                                                                                                                                  CERTIFICATE of service (eps)
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                                                                                                                                                                                    Blank 10 Filed: 8/7/2000, Entered: 8/8/2000 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                    EO: M/Set Aside Entry of Default Against United Public Workers, etc., Rule 16 Pretrial Conference cont from 9-1-00 to 10-13-00 @ 2, BMK. Tina from Robert Miller's office to notify parties. () JUDGE Mag Judge Barry M. Kurren [6-1] (afc)
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                                                                                                                                                                                      Blank 9 Filed: 8/3/2000, Entered: 8/3/2000 Certificate Of Service.
                                                                                                                                                                                      CERTIFICATE of service (eps)
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                                                                                                                                                                                        Blank 8 Filed: 7/20/2000, Entered: 7/25/2000 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                        EO : setting hearing on motion to set aside entry of default against defendant United Public Workers, AFSCME, Local 646, AFL-CIO [6-1] 2:00 9/1/00 and rule 16 conference set for 2:00 9/1/00 before Mag Judge Barry M. Kurren ( Ct Rptr ) JUDGE Mag Judge Barry M. Kurren (eps)
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                                                                                                                                                                                          Blank 7 Filed: 7/17/2000, Entered: 7/19/2000 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                          EO : rule 16 conference set for 2:00 8/16/00 before Mag Judge Barry M. Kurren ; cc: David Dezzani, Robert Miller ( Ct Rptr : ) JUDGE Mag Judge Barry M. Kurren (eps)
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                                                                                                                                                                                            Blank 6 Filed: 7/14/2000, Entered: 7/18/2000, Terminated: 12/5/2000 Motion to Set Aside JudgmentCourt Filing
                                                                                                                                                                                            NOTICE OF MOTION and motion by defendant United Public Worker to set aside entry of default against defendant United Public Workers, AFSCME, Local 646, AFL-CIO ; memorandum of points and authorities in support of motion; declaration of Lois Fukushim, exhibit a; declaratio of Robert F. Miller; exhibits 1 and 2; certificate of service - set for 2:00 8/16/00 before Mag Judge Barry M. Kurren (eps)
                                                                                                                                                                                              LREF
                                                                                                                                                                                              Blank 5 Filed: 7/13/2000, Entered: 7/17/2000 Report of Planning Meeting
                                                                                                                                                                                              REPORT OF PARTIES PLANNING MEETING; certificate of service by plaintiff John J. Witeck (eps)
                                                                                                                                                                                                LREF
                                                                                                                                                                                                Blank 4 Filed: 6/14/2000, Entered: 6/15/2000 Clerks Entry of Default*
                                                                                                                                                                                                Request for entry of default; declaration of David J. Dezzani; exhibit a; ENTRY OF DEFAULT ENTERED as to defendant United Public Worker, AFSCME, Local 646, AFL-CIO by WALTER A.Y.H. CHINN, Clerk/T. Lam, Deputy Clerk (eps)
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                                                                                                                                                                                                  Blank 3 Filed: 5/19/2000, Entered: 5/22/2000 Service - Miscellaneous
                                                                                                                                                                                                  RETURN OF SERVICE executed upon defendant United Public Worker on 5/17/00 thru Lois Fukushima, Executive Board member (eps)
                                                                                                                                                                                                    LREF
                                                                                                                                                                                                    Blank 2 Filed: 5/1/2000, Entered: 5/2/2000 OrderCourt Filing
                                                                                                                                                                                                    ORDER by Judge David A. Ezra rule 16 conference set for 9:00 7/31/00 before Mag Judge Barry M. Kurren (fe)
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                                                                                                                                                                                                      Blank 1 Filed: 5/1/2000, Entered: 5/2/2000 Complaint
                                                                                                                                                                                                      COMPLAINT; demand for jury trial; (Summons(es) issued) (fe)
                                                                                                                                                                                                        LREF

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