Malama Makua v. Hagel
Federal Civil Lawsuit Hawaii District Court, Case No. 1:00-cv-00813-SOM-LEK
District Judge SUSAN OKI MOLLWAY, presiding

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Last Updated January 14, 2019 at 7:08 AM ST (2.6 years ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

No Logo Malama Makua, Plaintiff

Toggle Switch Represented by EARTHJUSTICE

Name Phone Fax E-Mail
Space Paul Henry Achitoff +1 808 599 2436 +5216 521 521 6841 achitoff@earthjustice.org
Space David L. Henkin +5992 599 599 2436 dhenkin@earthjustice.org

Toggle Switch Represented by EARTHJUSTICE LEGAL DEFENSE FUND - BOZEMAN

Name Phone Fax E-Mail
Space Isaac H. Moriwake +5992 599 599 2436 imoriwake@earthjustice.org
v.
No Logo Pete Geren, Defendant

Represented by United States Department of Justice

No Logo Robert Gates, Defendant

Represented by United States Department of Justice

Office Hawaii
Filed 12/20/2000
Jury Demand None
Demand $0
Nature of Suit 893 - Environmental Matters
Cause Section 42 U.S.C. § 4321 Review of Agency Action-Environment
Jurisdiction U.S. Government Defendant
Disposition Dismissed - Settled
County Honolulu
Terminated 2/19/2002
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag TERMED
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Legal Document 195 Filed: 8/25/2008, Entered: 8/25/2008 ~Notice (other)
NOTICE by Robert Gates, Pete Geren Notice of Filing of Amended Periodic Progress Report Dated July 15, 2008 and Certificate of Service Robert Gates, Pete Geren. (Attachments: # (1) Amended Second Progress Report Dated August 20, 2008, # (2) Exhibit "11")(Ching, Edric)
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    Legal Document 194 Filed: 7/15/2008, Entered: 7/15/2008 ~Notice (other)
    NOTICE by Robert Gates, Pete Geren Notice of Filing of Second Periodic Progress Report dated July 15, 2008 and Certificate of Service Robert Gates, Pete Geren. (Attachments: # (1) Second Periodic Progress Report, # (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")(Helper, Thomas)
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      Legal Document 193 Filed: 6/16/2008, Entered: 6/16/2008 Letter
      Transmittal letter from David L. Henkin, Esq. re: "Joint Stipulation and Order Regarding Award of Attorney's Fees and Costs Re: April 9, 2008 Amended Order Enforcing 2001 Settlement Agreement;Certificate of Service", dated June 10, 2008. (emt, )
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        Legal Document 192 Filed: 6/12/2008, Entered: 6/12/2008 Stipulation and Order
        JOINT STIPULATION AND ORDER REGARDING AWARD OF ATTORNEYS' FEES AND COSTS RE: APRIL 9, 2008 AMENDED ORDER ENFORCING 2001 SETTLEMENT AGREEMENT - Signed by JUDGE SUSAN OKI MOLLWAY on 6/12/08. (emt, )
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          Blank -- Filed: 6/12/2008, Entered: 6/12/2008 Corrective Entry
          ADVISORY ENTRY RE:The entry docket number [190] Stipulation filed by Malama Makua. If the filer has not already done so, please ensure that this stipulation is emailed to the appropriate judge for signature. The filer may refer to Section 9 of the Amended General Order Adopting Electronic Case Filing Procedures for further guidance on the submission of proposed orders. (emt, )
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            Legal Document 191 Filed: 6/10/2008, Entered: 6/10/2008 Certificate Of Service.
            CERTIFICATE OF SERVICE by Malama Makua re [190] Stipulation and Order Regarding Award of Attorney's Fees and Costs Re: April 9, 2008 Amended Order Enforcing 2001 Settlement Agreement (Henkin, David)
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              Legal Document 190 Filed: 6/10/2008, Entered: 6/10/2008 Stipulation
              STIPULATION and Order Regarding Award of Attorney's Fees and Costs Re: April 9, 2008 Amended Order Enforcing 2001 Settlement Agreement by Malama Makua. (Henkin, David)
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                Legal Document 189 Filed: 4/22/2008, Entered: 4/22/2008 ~Notice (other)
                NOTICE by Robert Gates, Pete Geren Notice of Filing of First Periodic Progress Report dated April 22, 2008 and Certificate of Service Robert Gates, Pete Geren. (Attachments: # (1) Periodic Progress Report, # (2) Exhibit "1", # (3) Exhibit "2", # (4) Exhibit "3")(Helper, Thomas)
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                  Legal Document 188 Filed: 4/9/2008, Entered: 4/9/2008 Order
                  AMENDED ORDER ENFORCING 2001 SETTLEMENT AGREEMENT [179], [136] - Signed by JUDGE SUSAN OKI MOLLWAY on 4/9/08. (emt, )
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                    Legal Document 187 Filed: 4/9/2008, Entered: 4/9/2008 Order on Motion to Amend/Correct
                    ORDER GRANTING IN PART AND DENYING IN PART MALAMA MAKUA'S MOTION TO AMEND ORDER ENFORCING 2001 SETTLEMENT AGREEMENT [180] - Signed by JUDGE SUSAN OKI MOLLWAY on 4/9/08. (emt, )
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                      Legal Document (Payment Possibly Required) 197 Filed: 10/24/2008, Entered: None Unknown Document Type
                      ORDER DENYING DEFENDANTS' MOTION TO DISMISS COMPLAINT - Signed by JUDGE SUSAN OKI MOLLWAY on 10/24/08. --Motion to Dismiss filed in CV 08-00327 SOM-LEK; order entered in CV 08-00327 SOM-LEK (emt, )
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                        Blank -- Filed: 4/9/2008, Entered: 4/9/2008 Court's Certificate of Service
                        COURT'S CERTIFICATE of Service - copies of the following: [187] "ORDER GRANTING IN PART AND DENYING IN PART MALAMA MAKUA'S MOTION TO AMEND ORDER ENFORCING 2001 SETTLEMENT AGREEMENT" and [188] "AMENDED ORDER ENFORCING 2001 SETTLEMENT AGREEMENT" have been served by First Class Mail to the addresses of record on April 9, 2008. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (emt, )
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                          Legal Document 186 Filed: 4/8/2008, Entered: 4/8/2008 Letter
                          Transmittal letter from David L. Henkin, Esq. regarding courtesy copies, dated April 8, 2008. (emt, )
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                            Legal Document 185 Filed: 4/7/2008, Entered: 4/7/2008 ERRATA
                            Errata to Reply In Support of Motion to Amend Order Enforcing 2001 Settlement Agreement. (Attachments: # (1) Certificate of Service)(Henkin, David) Modified on 4/8/2008 to add linkage to [183] (emt, ).
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                              Legal Document 184 Filed: 4/4/2008, Entered: 4/4/2008 Letter
                              Transmittal Letter from David L. Henkin, Esq., regarding courtesy copies, dated April 4, 2008. (emt, )
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                                Legal Document 183 Filed: 4/4/2008, Entered: 4/4/2008 Reply
                                REPLY re [180] MOTION to Amend/Correct [179] Order on Motion to Enforce Judgment, MOTION to Amend/Correct [179] Order on Motion to Enforce Judgment, filed by Malama Makua. (Attachments: # (1) Declaration of David Henkin, # (2) Exhibit 73, # (3) Certificate of Service)(Henkin, David)
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                                  Legal Document 182 Filed: 3/31/2008, Entered: 3/31/2008 Statement in Opposition to Motion
                                  STATEMENT in Opposition re [180] MOTION to Amend/Correct [179] Order on Motion to Enforce Judgment, MOTION to Amend/Correct [179] Order on Motion to Enforce Judgment, Defendants' Opposition to Plaintiff's Non-Hearing Motion to Amend 2001 Settlement Agreement; Certificate of Service filed by Robert Gates, Pete Geren. (Tong, Lawrence)
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                                    Legal Document 181 Filed: 3/21/2008, Entered: 3/21/2008 Letter
                                    Transmittal letter from David L. Henkin, Esq. regarding courtesy copies, dated March 20, 2008. (emt, )
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                                      Legal Document 180 Filed: 3/20/2008, Entered: 3/20/2008, Terminated: 4/9/2008 Motion to Amend/Correct
                                      MOTION to Amend/Correct [179] Order on Motion to Enforce Judgment, David L. Henkin appearing for Plaintiff Malama Makua (Attachments: # (1) Memorandum in Support of Motion, # (2) Declaration of William Aila, Jr., # (3) Exhibit 72, # (4) Certificate of Service)(Henkin, David)
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                                        Legal Document 179 Filed: 3/11/2008, Entered: 3/11/2008 Order on Motion to Enforce Judgment
                                        ORDER ENFORCING 2001 SETTLEMENT AGREEMENT [136] - Signed by JUDGE SUSAN OKI MOLLWAY on 3/11/08. [The Army has violated paragraphs 8(b) and 13 of the Settlement Agreement. The court orders the Army to submit the quarterly reports described herein until UXO has been cleared from the MMR sites identified by the Army as "high priority" or until further ordered by this court.] (emt,
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                                          Blank -- Filed: 3/11/2008, Entered: 3/11/2008 Court's Certificate of Service
                                          COURT'S CERTIFICATE of Service - a copy of [179] "ORDER ENFORCING 2001 SETTLEMENT AGREEMENT" has been served by First Class Mail to the addresses of record on March 11, 2008. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (emt, )
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                                            Legal Document 178 Filed: 3/3/2008, Entered: 3/4/2008 Declaration
                                            Defendants' Notice of Filing of SUPPLEMENTAL DECLARATIONS of Dr. Laurie Lucking and Robert M. Lewis - by Robert Gates, Pete Geren (Attachments: # (1) Second Supplemental Declaration of Dr. Laurie Lucking (not original), # (2) Exhibit BB, # (3) Exhibit CC, # (4) Exhibit DD, # (5) Exhibit EE, # (6) Exhibit FF, # (7) Supplemental Declaration of Robert M. Lewis, # (8) Exhibit GG, # (9) Exhibit HH, # (10) Exhibit II, # (11) Exhibit JJ, # (12) Certificate of Service)(emt, ) Modified on 3/4/2008 (emt, ).
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                                              Legal Document 177 Filed: 3/3/2008, Entered: 3/3/2008 Motion HearingCourt Filing
                                              EP: Motion to Enforce the 10/4/01 Settlement Agreement and Stipulation Order [136] -Notice of Filing of Supplemental Declarations of Dr. Laurie Lucking and Robert M. Lewis filed.Plaintiff requests additional time to review the notice that was just filed - discussion held.(During a recess, Mr. Henkin reviewed the notice).Court informs the parties that any future disputes be filed as a new action. Any filing fee may be waived to the extent the action regards enforcing the settlement agreement. Parties may request that the new case be assigned to Judge Mollway. All rights and remedies in the settlement agreement will remain in effect.Arguments.Motion to Enforce the 10/4/01 Settlement Agreement and Stipulation Order [136] - taken under advisement.Court to issue a written order within 10 days.Motion Hearing held on 3/3/2008 re [136] MOTION to Enforce Judgment filed by Malama Makua, Motions Taken Under Advisement: [136] MOTION to Enforce Judgment. (Court Reporter Debra Chun.) (JUDGE SUSAN OKI MOLLWAY)(tbf, )
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                                                Legal Document 176 Filed: 3/3/2008, Entered: 3/3/2008 Letter
                                                Transmittal letter from David L. Henkin, Esq. regarding courtesy copies, dated February 29, 2008. (emt, )
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                                                  Legal Document 175 Filed: 2/29/2008, Entered: 2/29/2008 ~Notice (other)Court Filing
                                                  NOTICE by Malama Makua re [174] Judge's Inclination Plaintiff's Notice of Filing Yearly Reports Prepared Pursuant to Paragraph 8(c) of the October 4, 2001 Settlement Agreement and Stipulated Order Malama Makua. (Attachments: # (1) Exhibit Exhibit 72, # (2) Exhibit Exhibit 73, # (3) Exhibit Exhibit 74, # (4) Certificate of Service)(Henkin, David)
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                                                    Legal Document 174 Filed: 2/29/2008, Entered: 2/29/2008 Judge's InclinationCourt Filing
                                                    INCLINATIONS by Judge JUDGE SUSAN OKI MOLLWAY (gls, )
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                                                      Legal Document 173 Filed: 2/29/2008, Entered: 2/29/2008 LetterCourt Filing
                                                      Transmittal letter dated 2/28/08 to Judge Mollway from David L. Henkin (ecs, )
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                                                        Blank -- Filed: 2/29/2008, Entered: 2/29/2008 Court's Certificate of Service
                                                        COURT'S CERTIFICATE of Service - a copy of [174] Judge's Inclination has been served by First Class Mail to the addresses of record on : 2/29/08. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (gls, )
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                                                          Legal Document 172 Filed: 2/28/2008, Entered: 2/28/2008 ~Notice (other)
                                                          NOTICE by Robert Gates, Pete Geren re [142] Memorandum in Opposition to Motion, Notice of Filing the Original Declarations of Stephen Turnbull and Dr. Laurie Lucking and Certificate of Service Robert Gates, Pete Geren. (Attachments: # (1) Declaration of Stephen Turnbull, # (2) Declaration of Dr. Laurie Lucking)(Helper, Thomas)
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                                                            Legal Document 171 Filed: 2/28/2008, Entered: 2/28/2008 Additional Exhibits
                                                            Additional Exhibits to [168] Response filed by Malama Makua. (Attachments: # (1) Exhibit 66, # (2) Exhibit 67, # (3) Exhibit 68, # (4) Exhibit 69, # (5) Exhibit 70, # (6) Exhibit 71, # (7) Certificate of Service)(Henkin, David)
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                                                              Legal Document 170 Filed: 2/28/2008, Entered: 2/28/2008 Additional Exhibits
                                                              Additional Exhibits to [168] Response filed by Malama Makua. (Attachments: # (1) Exhibit 65)(Henkin, David)
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                                                                Legal Document 169 Filed: 2/28/2008, Entered: 2/28/2008 Declaration
                                                                Declaration re [168] Response. (Attachments: # (1) Second Supplemental Declaration of David L. Henkin, # (2) Exhibit 60, # (3) Exhibit 61, # (4) Exhibit 62, # (5) Exhibit 63, # (6) Exhibit 64)(Henkin, David)
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                                                                  Legal Document 168 Filed: 2/28/2008, Entered: 2/28/2008 Response
                                                                  RESPONSE re [166] Reply,,, filed by Malama Makua. (Attachments: # (1) Supplemental Declaration of Frederick A. Dodge, M.D., # (2) Exhibit 56, # (3) Exhibit 57, # (4) Exhibit 58, # (5) Exhibit 59)(Henkin, David)
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                                                                    Blank 167 Filed: 2/26/2008, Entered: 2/26/2008 Link
                                                                    EO: With respect to the motion to enforce settlement agreement currently set before this court, to the extent any party is relying on declarations for which original signatures were not submitted to the court, those declarations with the original signatures should be submitted to the court no later than the hearing on Plaintiff's motion to enforce the settlement agreement. If the original declarations are no longer available, the declarant may resign the declaration for submission to this court. For example, the Declaration of Dr. Laurie Lucking was submitted unsigned to this court as Exhibit C. Because this court has been unable to locate Dr. Lucking's signed original declaration, the Government should either submit that document now or have Dr. Lucking sign another copy of the declaration and submit it to this court. re [136] MOTION to Enforce Judgment. (JUDGE SUSAN OKI MOLLWAY)(tbf, )
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                                                                      Legal Document 166 Filed: 2/26/2008, Entered: 2/26/2008 Reply
                                                                      REPLY re [136] MOTION to Enforce Judgment Defendants' Surreply to Plaintiff's Reply Memorandum in Support of Motion to Enforce the October 4, 2001 Settlement Agreement and Stipulated Order and Certificate of Service filed by Robert Gates, Pete Geren. (Attachments: # (1) Declaration Michelle Mansker, # (2) Declaration of Dr. Laurie Lucking, # (3) Exhibit "L", # (4) Exhibit "P", # (5) Exhibit "Q", # (6) Exhibit "R", # (7) Exhibit "S", # (8) Exhibit "T", # (9) Exhibit "U", # (10) Exhibit "V", # (11) Exhibit "W", # (12) Exhibit "X", # (13) Exhibit "Y", # (14) Exhibit "Z", # (15) Exhibit "AA")(Helper, Thomas)
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                                                                        Blank -- Filed: 2/26/2008, Entered: 2/26/2008 Court's Certificate of Service
                                                                        COURT'S CERTIFICATE of Service - a copy of EO [167] Link,,, has been served by First Class Mail to the addresses of record on Robert M. Lewis, Elena J. Onaga. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (tbf, )
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                                                                          ORDER GRANTING DEFENDANT'S NON-HEARING MOTION FOR LEAVE TO FILE A SURREPLY TO PLAINTIFF'S REPLY MEMORANDUM IN SUPPORT OF MOTION TO ENFORCE THE OCTOBER 4, 2001 SETTLEMENT AGREEMENT AND STIPULATED ORDER [163] - Signed by JUDGE SUSAN OKI MOLLWAY on 2/25/08. [The surreply must be filed by 1:00 p.m. on February 26, 2008. Plaintiff may respond in writing by 10:00 a.m. on February 28, 2008.] (emt, )
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                                                                            Legal Document 164 Filed: 2/22/2008, Entered: 2/22/2008 Memorandum in Opposition to Motion
                                                                            MEMORANDUM in Opposition re [163] MOTION for Leave to File Defendants' Non-Hearing Motion for Leave to File a Surreply to Plaintiff's Reply Memorandum in Support of Motion to Enforce the October 4, 2001 Settlement Agreement and Stipulated Order and Certificate of Service
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                                                                              Legal Document 163 Filed: 2/22/2008, Entered: 2/22/2008, Terminated: 2/25/2008 Motion for Leave to File
                                                                              MOTION for Leave to File Defendants' Non-Hearing Motion for Leave to File a Surreply to Plaintiff's Reply Memorandum in Support of Motion to Enforce the October 4, 2001 Settlement Agreement and Stipulated Order and Certificate of Service (Attachments: # (1) Memorandum in Support, # (2) MemorandumDeclaration of Robert Lewis, # (3) Exhibit "P", # (4) Exhibit "Q")(Helper, Thomas) Modified on 2/25/2008 re-label attachment (emt, ).
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                                                                                Legal Document 162 Filed: 2/22/2008, Entered: 2/22/2008 Letter
                                                                                Transmittal from David L. Henkin, Esq., regarding courtesy copies, dated February 21, 2008. (emt, )
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                                                                                  Blank 161 Filed: 2/21/2008, Entered: 2/21/2008 Notice of Hearing on Motion
                                                                                  NOTICE of Hearing on Motion [136] MOTION to Enforce Judgment :. Motion Hearing set for 3/3/2008 09:00 AM before JUDGE SUSAN OKI MOLLWAY. (tbf, )
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                                                                                    Blank -- Filed: 2/21/2008, Entered: 2/21/2008 Court's Certificate of Service
                                                                                    COURT'S CERTIFICATE of Service - a copy of [161] Notice of Hearing on Motion has been served by First Class Mail to the addresses of record on Robert M. Lewis, Elena J. Onaga. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (tbf, )
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                                                                                      Legal Document 160 Filed: 2/20/2008, Entered: 2/20/2008 Declaration
                                                                                      EXHIBITS 48-55 Re: Supplemental Declaration of David L. Henkin Re: Plaintiff's [153] Reply Memorandum in Support of Motion to Enforce the October 4, 2001 Settlement Agreement and Stipulated Order (Attachments: # (1) Exhibit 48, # (2) Exhibit 49, # (3) Exhibit 50, # (4) Exhibit 51, # (5) Exhibit 52, # (6) Exhibit 53, # (7) Exhibit 54, # (8) Exhibit 55, # (9) Certificate of Service)(Henkin, David) Modified on 2/21/2008 to add text (emt, ).
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                                                                                        Legal Document 159 Filed: 2/20/2008, Entered: 2/20/2008 Declaration
                                                                                        EXHIBITS 45-47 Re: Supplemental Declaration of David L. Henkin Re: [153]Plaintiff's Reply Memorandum in Support of Motion to Enforce the October 4, 2001 Settlement Agreement and Stipulated Order (Attachments: # (1) Exhibit 45, # (2) Exhibit 46, # (3) Exhibit 47)(Henkin, David) Modified on 2/21/2008 add text (emt, ).
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                                                                                          Legal Document 158 Filed: 2/20/2008, Entered: 2/20/2008 Declaration
                                                                                          Supplemental DECLARATION of David L. Henkin re: [153]Plaintiff's Reply Memorandum in Support of Motion to Enforce the October 4, 2001 Settlement Agreement and Stipulated Order; Exhibits 40-44. (Attachments: # (1) Declaration David L. Henkin, # (2) Exhibit 40, # (3) Exhibit 41, # (4) Exhibit 42, # (5) Exhibit 43, # (6) Exhibit 44)(Henkin, David) Modified on 2/21/2008 to add text (emt, ).
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                                                                                            Legal Document 157 Filed: 2/20/2008, Entered: 2/20/2008 Declaration
                                                                                            DECLARATION of Leandra Wai; Exhibits 38-39 re [153] Reply Memorandum in Support of Motion to Enforce the October 4, 2001 Settlement Agreement and Stipulated Order (Attachments: # (1) Declaration of Leandra Wai, # (2) Exhibit 38, # (3) Exhibit 39)(Henkin, David) Modified on 2/21/2008 to add/strike text (emt, ).
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                                                                                              Legal Document 156 Filed: 2/20/2008, Entered: 2/20/2008 Declaration
                                                                                              EXHIBITS 35-37 Re: Declaration of Frederick A. Dodge, M.D. Re: Plaintiff's Reply Memorandum in Support of Motion to Enforce the October 4, 2001 Settlement Agreement and Stipulated Order Declaration [153] Reply. (Attachments: # (1) Exhibit 35, # (2) Exhibit 36, # (3) Exhibit 37)(Henkin, David) Modified on 2/21/2008 add/strike text (emt, ).
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                                                                                                Legal Document 155 Filed: 2/20/2008, Entered: 2/20/2008 Declaration
                                                                                                EXHIBITS 31-34 Re: Declaration of Frederick A. Dodge, M.D. Re: Plaintiff's Reply Memorandum in Support of Motion to Enforce the October 4, 2001 Settlement Agreement and Stipulated Order Declaration re [153] Reply. (Attachments: # (1) Exhibit 31, # (2) Exhibit 32, # (3) Exhibit 33, # (4) Exhibit 34)(Henkin, David) Modified on 2/21/2008 to add text/strike (emt, ).
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                                                                                                  Legal Document 154 Filed: 2/20/2008, Entered: 2/20/2008 Declaration
                                                                                                  DECLARATION of Frederick A. Dodge, M.D., Re: Plaintiff's [153] Reply Memorandum in Support of Motion to Enforce the October 4, 2001 Settlement Agreement and Stipulated Order; Exhibits 27-30 (Attachments: # (1) Declaration of Frederick A. Dodge, M.D., # (2) Exhibit 27, # (3) Exhibit 28, # (4) Exhibit 29, # (5) Exhibit 30)(Henkin, David) Modified on 2/21/2008 to add text(emt, ).
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                                                                                                    Legal Document 153 Filed: 2/20/2008, Entered: 2/20/2008 Reply
                                                                                                    Plaintiff's REPLY MEMORANDUM in Support of [136] MOTION to Enforce the October 4, 2001 Settlement Agreement and Stipulated Order Judgment filed by Malama Makua. (Henkin, David) Modified on 2/21/2008 NOTE: The following attachments listed in this document's caption - Declaration of Frederick A. Dodge, M.D.; Exhibits 27-37; Declaration of Leandra Wai; Exhibits 38-39; Supplemental Declaration of David L. Henkin; Exhibits 40-55; Certificate of Service were entered by the filer in subsequent entries - refer to docket entries [154], [155], [156], [157], [158], [159], [160]. (emt, ).
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                                                                                                      Legal Document 152 Filed: 2/20/2008, Entered: 2/20/2008 ~Notice (other)
                                                                                                      NOTICE by Malama Makua re [147] Link,, Amended Notice of Hearing re: Motion to Enforce the October 4, 2001 Settlement Agreement and Stipulated Order Malama Makua. (Attachments: # (1) Certificate of Service)(Henkin, David)
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                                                                                                        Legal Document 136 Filed: 2/13/2008, Entered: 1/18/2006 Motion to Enforce Judgment
                                                                                                        Plaintiff Malama Makua's NOTICE OF MOTION and MOTION TO ENFORCE THE OCTOBER 4, 2001 SETTLEMENT AGREEMENT and stipulated order; memorandum in support of motion; (Attachments: (1) declaration of David L. Henkin; (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 13a (15) Exhibit 13b; (16) Exhibit 13c; (17) Exhibit 13d; (18) Exhibit 13e; (19) Exhibit 13f; (20) Exhibit 14; (21) Exhibit 15; (22) Exhibit 16; (23) Exhibit 17; (24) Exhibit 18; (25) Exhibit 19; (26) Exhibit 20; (27) Exhibit 21; (28) Exhibit 22; (29) Exhibit 23; (30) Exhibit 24; (31) Exhibit 25; (32) Exhibit 26.); certificate of service. [HARD COPY STORED ON FILE due to some oversized exhibits as well as colored exhibits.] (bbb, )
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                                                                                                          Legal Document 151 Filed: 4/18/2007, Entered: 4/19/2007 Stipulation and OrderCourt Filing
                                                                                                          JOINT STIPULATION AND ORDER Regarding Award of Attorneys' Fees and Costs Re: January 8, 2007 Partial Settlement of Plaintiff's Motion to Enforce - Signed by Judge SUSAN OKI MOLLWAY. (emt, )
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                                                                                                            Legal Document 150 Filed: 4/5/2007, Entered: 4/5/2007 OrderCourt Filing
                                                                                                            JOINT STIPULATION RE: Extension of Time to Resolve Plaintiff's Claim for an Award of Fees and Costs Re: January 8, 2007 Partial Settlement of Plaintiff's Motion to Enforce; ORDER [149] - Signed by Judge SUSAN OKI MOLLWAY on 4/5/07. (emt, ) Modified on 4/5/2007 [The Court orders that the deadline for the parties to reach agreement regarding an award of Plaintiff's attorneys' fees and costs or for Plaintiffs to file a motion with this Court for the recovery of fees and costs is extended until April 24, 2007.] (emt, ).
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                                                                                                              Legal Document 149 Filed: 1/8/2007, Entered: 1/9/2007 Stipulation and OrderCourt Filing
                                                                                                              JOINT STIPULATION RE: Partial Settlement of Plaintiff's [136] Motion to Enforce the October 4, 2001 Settlement Agreement and Stipulated Order; ORDER - Signed by Judge Susan Oki Mollway. (Attachments: # (1) Exhibit 1# (2) Exhibit 2)(emt, ) [NOTE: This document is retained in the case file, contains a colored exhibit (Exhibit 1)] Modified on 1/9/2007 to add linkage(emt, ).
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                                                                                                                Legal Document 148 Filed: 4/18/2006, Entered: 4/18/2006 Stipulation and OrderCourt Filing
                                                                                                                JOINT STIPULATION AND ORDER regarding Award of Attorneys' Fees and Costs re: Defendants [123] Motion to Modify Settlement Agreement and Stipulated Order. Signed by Judge SUSAN OKI MOLLWAY on April 14, 2006. [Order prepared by Plaintiffs] (bbb, )
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                                                                                                                  Blank 147 Filed: 3/6/2006, Entered: 3/6/2006 LinkCourt Filing
                                                                                                                  EO: The motion to Enforce the October 4, 2001 Settlement Agreement and Stipulated Order is withdrawn and may be reinstated upon the filing of an amended notice of hearing. Upon such filing, the motion and the opposition memorandum will be deemed to be before the court without the need to refile those papers. A reply memorandum will be due 11 days before the amended hearing date. If an amended notice of hearing is filed, the hearing may occur within a period that is less than 28 days, subject to the court's availability. cc: all counsel of record. re [136] MOTION to Enforce Judgment. (Judge SUSAN OKI MOLLWAY )(tbf, )
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                                                                                                                    Legal Document 146 Filed: 2/10/2006, Entered: 2/13/2006 Stipulation and OrderCourt Filing
                                                                                                                    JOINT STIPULATION AND ORDER re: Schedule for Plaintiff's [136] MOTION to Enforce the October 4, 2001 Settlement Agreement and stipulate order; [136] MOTION to Enforce Judgment: Hearing set for 4/10/2006 09:45 AM before JUDGE SUSAN OKI MOLLWAY.. Signed by Judge SUSAN OKI MOLLWAY on 02/10/2006. (bbb, )
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                                                                                                                      Blank 145 Filed: 2/9/2006, Entered: 2/9/2006 Notice of Hearing on Motion
                                                                                                                      NOTICE of Hearing on Motion [136] MOTION to Enforce Judgment: Motion Hearing set for 2/21/06 @ 9:00 a.m. is continued to 4/10/2006 09:45 AM before JUDGE SUSAN OKI MOLLWAY. Mr. Henkin to prepare the stipulation.(tbf, )
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                                                                                                                        Legal Document 144 Filed: 2/3/2006, Entered: 2/6/2006 Memorandum in Opposition to Motion
                                                                                                                        Table of contents; Table of authorities; Defendants William Cohen, Louis Caldera, Donald H. Rumsfeld, Joseph W. Westphal's MEMORANDUM IN OPPOSITION to Plaintiff's [136] MOTION to Enforce the October 4, 2001 settlement agreement and stipulated order;# (1) declaration of Robert M. Lewis# (2) declaration of Gary Shirakata;# (3) declaration of Joel Godrey;# (4) declaration of Sammy C. Houseberg [faxed signature];# (5) Exhibit A;# (6) Exhibit B;# (7) Exhibit C;# (8) Exhibit D [part 1 of 7];# (9) Exhibit D [part 2 of 7];# (10) Exhibit d [part 3 of 7];# (11) Exhibit D [part 4 of 7];# (12) Exhibit D [part 5 of 7];# (13) Exhibit D [part 6 of 7];# (14) Exhibit D [part 7 of 7];# (15) Exhibit E;# (16) Exhibit F;# (17) Exhibit G;# (18) Exhibit H;# (19) Errata I;# (20) Exhibit J [part1 of 2];# (21) Exhibit J [part 2 of 2];# (22) Exhibit K;# (23) Exhibit L;# (24) Exhibit M;# (25) Exhibit N;# (26) Exhibit O;# (27) certificate of compliance;# (28) certificate of service. [HARD COPY STORED ON FILE due to some colored exhibits/maps.](bbb, )
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                                                                                                                          Legal Document (Payment Possibly Required) 143 Filed: 2/3/2006, Entered: 2/3/2006 TranscriptCourt Filing
                                                                                                                          TRANSCRIPT of Proceedings [140] Defendant's Motion to Modify Settlement Agreement and Stipulated Order held on 1/23/2006 before Judge Susan Oki Mollway. Court Reporter: Debra Chun. (dc@hid.uscourts.gov)
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                                                                                                                            Legal Document 142 Filed: 2/3/2006, Entered: 2/3/2006 Memorandum in Opposition to Motion
                                                                                                                            MEMORANDUM in Opposition re [136] MOTION to Enforce Judgment Defs' Mem in Opp to Pl's Mot to Enforce the Oct 4, 2001 Sett Agreement and Stipulated Order filed by Donald H. Rumsfeld. (Attachments: # (1) Table of Contents# (2) Table of Authorities# (3) Declaration of Robert M. Lewis# (4) Declaration of Gary Shirakata# (5) Declaration of Joel Godfrey# (6) Declaration of Sammy C. Houseberg# (7) Certificate of Compliance)(Helper, Thomas)
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                                                                                                                              Legal Document 141 Filed: 2/2/2006, Entered: 2/2/2006 Order on Motion for Miscellaneous ReliefCourt Filing
                                                                                                                              ORDER DENYING DEFENDANTS' MOTION TO MODIFY SETTLEMENT AGREEMENT AND STIPULATED ORDER. Signed by Judge SUSAN OKI MOLLWAY on 02/02/2006. (kmk)
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                                                                                                                                Blank -- Filed: 2/2/2006, Entered: 2/2/2006 Court's Certificate of Service
                                                                                                                                COURT'S CERTIFICATE of Service - a copy of [141] "Order Denying Defendants' Motion to Modify Settlement Agreement and Stipulated Order Order on Motion for Stipulation Order" filed February 2, 2006 has been served by First Class Mail to the addresses of record on February 2, 2006 to: Paul H. Achitoff, Esq., Robert M. Lewis, Esq., Isaac H. Moriwake, Esq., Elena J. Onaga, Esq. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (emt, )
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                                                                                                                                  Legal Document 140 Filed: 1/23/2006, Entered: 1/23/2006 Motions Taken Under AdvisementCourt Filing
                                                                                                                                  EP: Motions Taken Under Advisement: [123] Motion to Modify Settlement Agreement and Stipulated Order. (Court Reporter Debra Chun.) (Judge SUSAN OKI MOLLWAY )(tbf, )
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                                                                                                                                    Legal Document 139 Filed: 1/20/2006, Entered: 1/20/2006 ~Notice (other)
                                                                                                                                    NOTICE by Donald H. Rumsfeld re [135] Reply,, Defs' Ntc of Uncited Authorities; Certificate of Service (Attachments: # (1) Attachment "1"# (2) Attachment "2")(Helper, Thomas)
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                                                                                                                                      Blank 137 Filed: 1/18/2006, Entered: 1/18/2006 Notice of Hearing on Motion
                                                                                                                                      NOTICE of Hearing on Motion [136] MOTION to Enforce Judgment: Motion Hearing set for 2/21/2006 09:00 AM before JUDGE SUSAN OKI MOLLWAY. (tbf, )
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                                                                                                                                        Legal Document 138 Filed: 1/17/2006, Entered: 1/18/2006 ~Notice (other)
                                                                                                                                        Plaintiff Malama Makua's NOTICE of uncited authorities; copy of uncited authorities; (Attachments: (1) Appendix 1; (2) Appendix 2; (3) Appendix 3; (4) certificate of service.)(bbb, )
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                                                                                                                                          Legal Document 135 Filed: 1/12/2006, Entered: 1/12/2006 Reply
                                                                                                                                          REPLY re [132] Memorandum in Opposition to Motion,,, [133] Memorandum in Opposition to Motion,,,,, filed by Donald H. Rumsfeld. (Attachments: # (1) Table of Contents# (2) Table of Authorities# (3) Affidavit Declaration of R. Michael Lewis# (4) Affidavit Declaration of Brandon Graves# (5) Exhibit A-1# (6) Exhibit B-1# (7) # (8) Exhibit B-1 Page 80-119# (9) Exhibit Exhibit B-1 Pages 120-146# (10) Exhibit B-1, Figures 7 - 19# (11) Exhibit B-1, Figures 20 - 34# (12) Exhibit B-1, Figures 35 48# (13) Exhibit C-1# (14) Exhibit D-1# (15) Exhibit E-1# (16) Exhibit F-1# (17) Exhibit G-1# (18) Exhibit H-1# (19) Certificate of Compliance)(Helper, Thomas)
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                                                                                                                                            Blank -- Filed: 1/12/2006, Entered: 1/12/2006 Certificate of Clerk
                                                                                                                                            CERTIFICATE of Clerk by Bernie Biacan,Deputy Clerk - I hereby certify that, on the dates and by the methods of service noted below, a true and correct copy of the "Order regarding Electronic Filin gdeadline with respect to motions currently set before this court.", were served on the following at his or her last known addresses of record: Paul H. Achitoff, Esq.; John A. Fritschie, Esq.; David L. Henkin, Esq.; Theodre G. Meeker, AUSA - via First class Mail. (bbb, )
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                                                                                                                                              Legal Document 134 Filed: 1/6/2006, Entered: 1/11/2006 OrderCourt Filing
                                                                                                                                              ORDER regarding Electronic Filing deadline with respect to motions currently set before this court. Signed by Judge SUSAN O MOLLWAY on 01/06/2006. (bbb, )
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                                                                                                                                                Legal Document 133 Filed: 1/5/2006, Entered: 1/9/2006 Memorandum in Opposition to Motion
                                                                                                                                                [PART 2 OF 2 PARTS] Plaintiff Malama Makua's MEMORANDUM in Opposition to Defendants' [123] Motion to modify settlement agreement and stipulated order:Exhibits 15 thru 43; Declaration of Frederick A. Dodge; exhibit 44; Declaration of William Aila, Jr.; exhibits 45 thru 47; Declaration of Ty Kawika Tengan, PH.D.; exhibit 48; Declaration of William Meyer; exhibit 49; Declaration of Jeffery A. Foran, Ph.D.; & exhibit 50; certificate of service. (Attachments: (1) Exhibit 15; (2) Exhibit 16; (3) Exhibit 17; (4) Exhibit 18; (5) Exhibit 19-a; (6) Exhibit 19b; (7) Errata 19c; (8) Exhibit 20; (9) Exhibit 21; (10) Exhibit 22; (11) Exhibit 23; (12) Exhibit 23; (13) Exhibit 24; (14) Exhibit 25; (15) Exhibit 26; (16) Exhibit 27; (17) Exhibit 28; (18) Exhibit 29; (19) Exhibit 30; (20) Exhibit 31; (21) Exhibit 32; (22) Exhibit 33; (23) Exhibit 34; (24) Exhibit 35; (25) Exhibit 36; (26) Exhibit 37; (27) Exhibit 38; (28) Exhibit 39; (29) Exhibit 40; (30) Exhibit 41; (31) Exhibit 42; (32) Exhibit 43; (33) Declaration of Frederick A. Dodge, M.D. (34) Exhibit 44; (35) Declaration of William Aila, Jr.; (36) Exhibit 45; (37) Exhibit 46; (38) Exhibit 47; (39) Declaration of Ty Kawika Tengan, PH.D.; (40) Exhibit 48; (41) Declaration of William Meyer; (42) Exhibit 49; (43) Declaration of Jeffery A. Foran, Ph.D.; (44) Exhibit 50; (45) certificate of service.) [HARD COPY STORED ON FILE due to some oversized exhibits as well as colored exhibits.](bbb, )
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                                                                                                                                                Legal Document 132 Filed: 1/5/2006, Entered: 1/6/2006 Memorandum in Opposition to Motion
                                                                                                                                                [PART 1 OF 2 PARTS] Plaintiff Malama Makua's MEMORANDUM in Opposition to Defendants' [123] Motion to modify settlement agreement and stipulated order; certifiate of compliance; (Attachments: (1) 9CCA document; (2) declaration of David L. Henkin; (3) Exhibit 1; (4) Exhibit 2; (5) Exhibit 3; (6) Exhibit 4; (7) Exhibit 5a; (8) Errata 5b; (9) Exhibit 6; (10) Exhibit 7; (11) Exhibit 8; (12) Exhibit 9; (13) Exhibit 10; (14) Exhibit 11; (15) Exhibit 12; (16) Exhibit 13; (17) Exhibit 14; (18) Exhibit 14a; (19) Exhibit 14b.) [HARD COPY STORED ON FILE due to some oversized exhibits as well as colored exhibits.]color=red>(bbb, )
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                                                                                                                                                Legal Document 131 Filed: 1/4/2006, Entered: 1/4/2006 Stipulation and OrderCourt Filing
                                                                                                                                                Defendants STIPULATION on use of evidence AND ORDER. Signed by Judge SUSAN O MOLLWAY on 01/04/2006. (bbb, )
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                                                                                                                                                  Legal Document 130 Filed: 1/4/2006, Entered: 1/4/2006 Stipulation and OrderCourt Filing
                                                                                                                                                  Defendants STIPULATION of facts AND ORDER. Signed by Judge SUSAN O MOLLWAY on 01/04/2006. (bbb, )
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                                                                                                                                                    Legal Document 129 Filed: 12/23/2005, Entered: 12/28/2005 Certificate Of Service.
                                                                                                                                                    CERTIFICATE OF SERVICE by William Cohen, Louis Caldera, Donald H. Rumsfeld, Joseph W. Westphal (bbb, )
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                                                                                                                                                      Legal Document 128 Filed: 12/20/2005, Entered: 12/21/2005 Certificate Of Service.
                                                                                                                                                      CERTIFICATE OF SERVICE by William Cohen, Louis Caldera, Donald H. Rumsfeld, Joseph W. Westphal (bbb, )
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                                                                                                                                                        Blank 127 Filed: 12/12/2005, Entered: 12/14/2005 Certificate Of Service.
                                                                                                                                                        CERTIFICATE OF SERVICE by Malama Makua (bbb, )
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                                                                                                                                                          Blank 126 Filed: 12/9/2005, Entered: 12/14/2005 Stipulation and OrderCourt Filing
                                                                                                                                                          Plaintiffs and Defendants' JOINT STIPULATION AND ORDER re schedule for Defendants' [123] Motion to modify settlement agreement and stipulated order. Signed by Judge SUSAN O MOLLWAY on 12/9/05. (bbb, )
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                                                                                                                                                            Blank 125 Filed: 12/8/2005, Entered: 12/14/2005 Order Setting Hearing on MotionCourt Filing
                                                                                                                                                            EO: ORDER Setting Hearing on Motion [123]: - Continued : Defendants' Motion to Modify Settlement Agreement and Stipulated OrderFrom 01/09/2006 10:30:00 AM to 01/23/2006 11:15:00 AM before SOM.All parties notified by David Henkin.Mr. Henkin to prepare the stipulation.cc: Judge Mollway's Chambers. (bbb, )
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                                                                                                                                                              Blank 124 Filed: 12/5/2005, Entered: 12/12/2005 Original Signature submitted
                                                                                                                                                              Notice of filing ORIGINAL declaration of Robert M. Lewis; original declaration of Robert M. Lewis; certificate of service - [123]. (bbb, )
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                                                                                                                                                                Blank 123 Filed: 11/30/2005, Entered: 12/2/2005 Motion for Miscellaneous ReliefCourt Filing
                                                                                                                                                                NOTICE OF MOTION; Defendants William Cohen, Louis Caldera, Donald H. Rumsfeld and Joseph W. Westphal's MOTION to modify settlement agreement and stipulated order ; table of contents; table of authorities; memorandum in support of Defendants' motion to modify settlement agreement and stipulated order; declaration of Robert M. Lewis; declaration of Sammy C. Housebert; declaration of Laurie C. Lucking; declaration of Lieutenant Colonel Walter E. Piatt; declaration of of Brigadier General John M. Bednarek; declaration of Gary N. Shirakata; declaration of Michelle Mansker; declaration of Stephen Turnbull; exhibits a-e; certificate of compliance; certificate of service - motion set for 10:30 1/9/06 before Judge Susan O. Mollway (bbb)
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                                                                                                                                                                  Blank 122 Filed: 8/11/2004, Entered: 8/12/2004 Stipulation and OrderCourt Filing
                                                                                                                                                                  Fourth STIPULATION Regarding Training at Makua Military Reservation During Third Year of Settlement Agreement; Exhibit 1; ORDER by Judge Susan O. Mollway (gs)
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                                                                                                                                                                    Blank 121 Filed: 6/25/2004, Entered: 6/25/2004 Stipulation and OrderCourt Filing
                                                                                                                                                                    Third STIPULATION Regarding Training At Makua Military Reservation During Third Year of Settlement Agreement; Exhibit 1; ORDER by Judge Susan O. Mollway : (gs)
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                                                                                                                                                                      Blank 120 Filed: 3/12/2004, Entered: 3/15/2004 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                      EP : Telephone Conference - held in Chambers. Discussion held re: live fire training scheduled to commence on 3/24/04. Mr. Yee to check to see if that date can be extended. This conference continued to 10:40 a.m. Mr. Yee informed the Court that he received a verbal response from the Marines that the 3/24/04 date is a firm date. Mr. Henkin to file a new complaint and a motion for temporary restraining order and preliminary injunction, as a related case, by 8:00 p.m. Monday 3/15/04. The Government to file its response by 4:00 p.m. Wednesday 3/17/04. Mr. Henkin may file a reply by 9:00 a.m. Thursday 3/18/04. The motion will be set for hearing on 3/18/04@ 3:00 p.m. Parties to serve documents by electronic means, either by fax or e mail. Parties to fax their documents by Chambers @ 541-1724. ( Ct Rptr : in chambers, no record) JUDGE Judge Susan O. Mollway (fe)
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                                                                                                                                                                        Blank 119 Filed: 1/16/2004, Entered: 1/20/2004 Stipulation and OrderCourt Filing
                                                                                                                                                                        Second STIPULATION regarding training at Makua Military Reservation during third year of settlement agreement and ORDER by Judge Susan O. Mollway : re [118-1]; exhibit 1 - on behalf of plaintiff (fe)
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                                                                                                                                                                          Blank 118 Filed: 12/5/2003, Entered: 12/5/2003 Stipulation and OrderCourt Filing
                                                                                                                                                                          STIPULATION regarding training at Makua Military Reservation during third year of settlement agreement; exhibit 1; and ORDER by Judge Susan O. Mollway : (fe)
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                                                                                                                                                                            Blank 117 Filed: 7/19/2002, Entered: 7/19/2002 ~Notice (other)
                                                                                                                                                                            NOTICE regarding Cultural Access Agreement by plaintiff Malama Makua; exhibit 1; certificate of service (fe)
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                                                                                                                                                                              Blank 116 Filed: 2/19/2002, Entered: 2/19/2002 Judgment*Court Filing
                                                                                                                                                                              JUDGMENT IN A CIVIL CASE - by WALTER A.Y.H. CHINN, CLERK/A. Chang, Deputy Clerk - The "SETTLEMENT AGREEMENT AND STIPULATED ORDER" having been submitted by the parties and having been reviewed and approved by U.S. District Judge Susan Oki Mollway on October 4, 2001, and the "Joint Stipulation and Order Regarding Award of Attorneys' Fees and Costs" having been submitted by the parties and having been reviewed and approved by U.S. Magistrate Judge Leslie E. Kobayashi on November 19, 2001: IT IS ORDERED AND ADJUDGED that in accordance with and as pronounced in provision numbered 17 (a) and (b) of said Settlement Agreement and Stipulated Order, the case is DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that the Preliminary Injunction entered by the Court on July 16, 2001 is hereby DISSOLVED. terminating case (cc: all counsel) (afc)
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                                                                                                                                                                                Blank 115 Filed: 11/19/2001, Entered: 11/21/2001 Stipulation and OrderCourt Filing
                                                                                                                                                                                Joint STIPULATION and ORDER by Mag Judge Leslie E. Kobayashi : re award of attorneys' fees and costs [114-1] (fe)
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                                                                                                                                                                                  Blank 114 Filed: 11/9/2001, Entered: 11/9/2001 Stipulation and OrderCourt Filing
                                                                                                                                                                                  First STIPULATION extending time for plaintiff to file claims for attorneys' fees and costs and ORDER by Judge Susan O. Mollway : extending - extended until 12/28/01 (fe)
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                                                                                                                                                                                    Blank 113 Filed: 11/8/2001, Entered: 11/9/2001 Stipulation
                                                                                                                                                                                    Joint STIPULATION re: filing indexes to administrative record; exhibit a (fe)
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                                                                                                                                                                                      Blank 112 Filed: 10/10/2001, Entered: 10/12/2001 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                      EO : in light of settlement, the administrative record filed in this case is hereby withdrawn by the government; no objection by Mr. Henkin, counsel for pltf ( Ct Rptr : ) JUDGE Judge Susan O. Mollway (tbf)
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                                                                                                                                                                                        Blank 111 Filed: 10/4/2001, Entered: 10/4/2001 OrderCourt Filing
                                                                                                                                                                                        Settlement agreement and stipulated ORDER by Judge Susan O. Mollway (cc: all counsel) - this case shall be dismissed with prejudice, except for plaintiff's claim for an award of attorneys' fees and costs, which is left for resolution through future negotiation or motion practice; Judgment shall not be entered in this case prior to entry of an order resolving pltf's claim for an award of attorneys' fees and costs; the preliminary injunction entered by the court of 7/16/01 is hereby dissolved (fe)
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                                                                                                                                                                                          Blank 110 Filed: 10/4/2001, Entered: 10/4/2001 Stipulation
                                                                                                                                                                                          Joint STIPULATION re pending discovery [107-2] (fe)
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                                                                                                                                                                                            Blank 109 Filed: 10/4/2001, Entered: 10/4/2001 Stipulation and OrderCourt Filing
                                                                                                                                                                                            Joint STIPULATION and ORDER re: case management by Judge Susan O. Mollway : hearing on M/sj and the 1/11/02 hearing on pltf's request for a permanent injunction shall be taken off the court's calendar and that all filing deadlings for memoranda related to such motions shall be vacated (fe)
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                                                                                                                                                                                              Blank 108 Filed: 9/19/2001, Entered: 9/20/2001 OrderCourt Filing
                                                                                                                                                                                              ORDER by Judge Susan O. Mollway setting schedule (cc: all counsel) - parties seeking summary judgment must file their motions by 10/16/01, arguments on summary judgment motions set for 11/13/01 @9:30; motions for permanent injunction to be filed by 12/1301 and heard on 01/11/02 @9:00am (fe)
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                                                                                                                                                                                                Blank 107 Filed: 9/19/2001, Entered: 9/20/2001 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                EP : Further Status Conference by Telephone - held in chambers. Discussion held re: scheduling matters. Court will issue a scheduling order and will fax it to the parties. Parties may file stipulations re: this scheduling order ( Ct Rptr : No Record) JUDGE Judge Susan O. Mollway (fe)
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                                                                                                                                                                                                  Blank 106 Filed: 9/17/2001, Entered: 9/18/2001 Response - MiscellaneousCourt Filing
                                                                                                                                                                                                  MEMORANDUM by defendant addressing Scheduling order before Judge Susan O. Mollway [102-1]; certificate of service (fe)
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                                                                                                                                                                                                    Blank 105 Filed: 9/17/2001, Entered: 9/18/2001 Response - MiscellaneousCourt Filing
                                                                                                                                                                                                    MEMORANDUM by plaintiff RE: Scheduling order rule 16 conference set for 9:00 12/3/01 before Mag Judge Leslie E. Kobayashi [104-1]; declaration of Paul H. Achitoff; exhibits 1-4; certificate of service (fe)
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                                                                                                                                                                                                      Blank 104 Filed: 9/14/2001, Entered: 9/17/2001 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                      EO :Rule 16 Scheduling Conference set for 9:00 11/13/01 is continued to 9:00 12/3/01, LEK. Parties notified. rule 16 conference set for 9:00 12/3/01 before Mag Judge Leslie E. Kobayashi ( Ct Rptr : ) Mag Judge Leslie E. Kobayashi (fe)
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                                                                                                                                                                                                        Blank 103 Filed: 9/10/2001, Entered: 9/10/2001 Certificate Of Service.
                                                                                                                                                                                                        CERTIFICATE of service (fe)
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                                                                                                                                                                                                          Blank 102 Filed: 9/7/2001, Entered: 9/10/2001 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                          EP : Status Conference held in Chambers. Parties indicate to the Court that the record is still not complete. It should be completed by next week. Parties to file memos stating their positions re: if the issues should be bifurcated or not. Parties to also state a timetable of their estimate of how they anticipate this case will proceed. A Further Status Conference by telephone is set for 9/19/01 @ 12:00 p.m. SOM. The back up hearing date set for 1/3/02 @ 9:00 a.m. is continued to 1/11/02 @ 9:00 a.m. before Judge Susan O. Mollway ( Ct Rptr : No Record) JUDGE Judge Susan O. Mollway (fe)
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                                                                                                                                                                                                            Blank 101 Filed: 9/4/2001, Entered: 9/5/2001 Certificate Of Service.
                                                                                                                                                                                                            CERTIFICATE of service (fe)
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                                                                                                                                                                                                              Blank 100 Filed: 8/31/2001, Entered: 9/4/2001 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                              EP :Telephone Conference held in Chambers. Discussion held re: scheduling and the motion for summary judgment currently set for 10/29/01 @ 9:00 a.m. SOM. Government to file the supplement to the administrative record next week. The hearing on the motion for summary judgment currently set for 10/29/01 @ 9:00 a.m. SOM is continued to 11/13/01 @ 9:30 a.m. SOM. A back-up hearing date is set for 1/3/02 @ 9:00 a.m. SOM. A Status Conference by telephone is set for 9/7/01 @ 2:30 p.m. SOM. telephone conference held in chambers before Judge Susan O. Mollway ( Ct Rptr : No Record) JUDGE Judge Susan O. Mollway (fe)
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                                                                                                                                                                                                                Blank 99 Filed: 8/29/2001, Entered: 8/30/2001 ~Notice (other)
                                                                                                                                                                                                                NOTICE by defendants' of filing supplemental Administrative Record and Index to Supplemental Administrative Record; declaration of Alvin Char; certification of Index to supplemental administrative record; certificate of service (fe)
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                                                                                                                                                                                                                  Blank 98 Filed: 8/29/2001, Entered: 8/30/2001 Transmittal of Documents
                                                                                                                                                                                                                  Defendants' supplemental Administrative Record; Master Index (fe)
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                                                                                                                                                                                                                    Blank 97 Filed: 8/29/2001, Entered: 8/30/2001 Transmittal of Documents
                                                                                                                                                                                                                    Defendants' supplemental Administrative Record; supplemental record - draft integrated Natural Resources Management Plan 2002-2006 and Environmental Assessment-Oahu, dated March 1, 2001; box 15 (fe)
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                                                                                                                                                                                                                      Blank 96 Filed: 8/28/2001, Entered: 8/29/2001 Transmittal of Documents
                                                                                                                                                                                                                      Defendants' supplemental Administrative Record; supplemental Record Binder 7; box 16 (fe)
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                                                                                                                                                                                                                        Blank 95 Filed: 8/28/2001, Entered: 8/29/2001 Transmittal of Documents
                                                                                                                                                                                                                        Defendants' supplemental Administrative Record; supplemental Record Binder 6; box 16 (fe)
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                                                                                                                                                                                                                          Blank 94 Filed: 8/28/2001, Entered: 8/29/2001 Transmittal of Documents
                                                                                                                                                                                                                          Defendants' Supplemental Administrative Record; supplemental Record Binder 5; box 16 (fe)
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                                                                                                                                                                                                                            Blank 93 Filed: 8/28/2001, Entered: 8/29/2001 Transmittal of Documents
                                                                                                                                                                                                                            Defendants' supplemental Administrative Record; Supplemental Record Binder 4; box 16 (fe)
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                                                                                                                                                                                                                              Blank 92 Filed: 8/28/2001, Entered: 8/29/2001 Transmittal of Documents
                                                                                                                                                                                                                              Defendants' supplemental Administrative Record; Supplemental Record Binder 3; box 15 (fe)
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                                                                                                                                                                                                                                Blank 91 Filed: 8/28/2001, Entered: 8/29/2001 Transmittal of Documents
                                                                                                                                                                                                                                Defendants' supplemental Administrative Record; Supplemental Record Binder 2, box 15 (fe)
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                                                                                                                                                                                                                                  Blank 90 Filed: 8/28/2001, Entered: 8/29/2001 Transmittal of Documents
                                                                                                                                                                                                                                  Defendants' supplemental Administrative Record; Supplemental Record Binder 1; box 15 (fe)
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                                                                                                                                                                                                                                    Blank 89 Filed: 8/28/2001, Entered: 8/29/2001 Transmittal of Documents
                                                                                                                                                                                                                                    Defendants' supplemental Administrative Record; Supplemental Administrative Record Enclosure 2; Binder 4; box 19 (fe)
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                                                                                                                                                                                                                                      Blank 88 Filed: 8/28/2001, Entered: 8/29/2001 Transmittal of Documents
                                                                                                                                                                                                                                      Defendants' supplemental Administrative Record; Supplemental Administrative Record Enclosure 2; Binder 3, box 19 (fe)
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                                                                                                                                                                                                                                        Blank 87 Filed: 8/28/2001, Entered: 8/29/2001 Transmittal of Documents
                                                                                                                                                                                                                                        Defendants' supplemental Administrative Record; supplemental Administrative Record Enclosure 2, Binder 2, box 18 (fe)
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                                                                                                                                                                                                                                          Blank 86 Filed: 8/28/2001, Entered: 8/29/2001 Transmittal of Documents
                                                                                                                                                                                                                                          Defendants' supplemental Administrative Record; Supplemental Administrative Record Enclosure 2; Binder 1, box 18 (fe)
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                                                                                                                                                                                                                                            Blank 85 Filed: 8/28/2001, Entered: 8/29/2001 Transmittal of Documents
                                                                                                                                                                                                                                            Defendants' supplemental Administrative Record; supplemental Administrative Record Enclosure 1; Binder 2; box 17 (fe)
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                                                                                                                                                                                                                                              Blank 84 Filed: 8/28/2001, Entered: 8/29/2001 Transmittal of Documents
                                                                                                                                                                                                                                              Defendants' supplemental Administrative Record; Supplemental Administrative Record Enclosure 1; Binder 1; box 17 (fe)
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                                                                                                                                                                                                                                                Blank 83 Filed: 8/28/2001, Entered: 8/29/2001 Transmittal of Documents
                                                                                                                                                                                                                                                Defendants' Supplemental Administrative Record; 1998 Administrative Record Binder 6; box 15 (fe)
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                                                                                                                                                                                                                                                  Blank 82 Filed: 8/28/2001, Entered: 8/29/2001 Transmittal of Documents
                                                                                                                                                                                                                                                  Defendants' Supplemental Administrative Record; 1998 Administrative Record Binder 5; box 14 (fe)
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                                                                                                                                                                                                                                                    Blank 81 Filed: 8/28/2001, Entered: 8/29/2001 Transmittal of Documents
                                                                                                                                                                                                                                                    Defendants' Supplemental Administrative Record; 1998 Administrative Record Binder 4; box 14 (fe)
                                                                                                                                                                                                                                                      LREF
                                                                                                                                                                                                                                                      Blank 80 Filed: 8/28/2001, Entered: 8/29/2001 Transmittal of Documents
                                                                                                                                                                                                                                                      Defendants' Supplemental Administrative Record; 1998 Administrative Record Bind 3; box 13 (fe)
                                                                                                                                                                                                                                                        LREF
                                                                                                                                                                                                                                                        Blank 79 Filed: 8/28/2001, Entered: 8/29/2001 Transmittal of Documents
                                                                                                                                                                                                                                                        Defendants' supplemental Administrative Record; 1998 Administrative Record Binder 2; box 13 (fe)
                                                                                                                                                                                                                                                          LREF
                                                                                                                                                                                                                                                          Blank 78 Filed: 8/28/2001, Entered: 8/29/2001 Transmittal of Documents
                                                                                                                                                                                                                                                          Defendants' supplemental Administrative Record; 1998 Administrative Record Binder 1; box 13 (fe)
                                                                                                                                                                                                                                                            LREF
                                                                                                                                                                                                                                                            Blank 77 Filed: 8/27/2001, Entered: 8/28/2001 Notice of Hearing.Court Filing
                                                                                                                                                                                                                                                            NOTICE of hearing: Further Status Conference/Rule 16 Scheduling Conference PREVIOUS DATE & TIME: 9/5/01 at 9:00 a.m. Further Status Conference is vacated. Rule 16 Scheduling Conference is moved to: NEW DATE & TIME: 11/13/01 at 9:00 a.m. before United States Magistrate Judge Leslie E. Kobayashi; cc: all counsel (fe)
                                                                                                                                                                                                                                                              LREF
                                                                                                                                                                                                                                                              Blank 76 Filed: 8/27/2001, Entered: 8/27/2001 Certificate Of Service.
                                                                                                                                                                                                                                                              CERTIFICATE of service (fe)
                                                                                                                                                                                                                                                                LREF
                                                                                                                                                                                                                                                                Blank 75 Filed: 8/24/2001, Entered: 8/27/2001 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                                EO :A Telephone Conference is set for 8/31/01 @ 9:00 a.m. SOM. Notified: Steven Bartell, David Henkin. conference set for 9:00 8/31/01 before Judge Susan O. Mollway ( Ct Rptr : ) JUDGE Judge Susan O. Mollway (fe)
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                                                                                                                                                                                                                                                                  Blank 74 Filed: 8/22/2001, Entered: 8/24/2001 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                                  EP : status conference held ; Bartell, Cody and Woods by phone; further status conference and rule 16 conference set for 9:00 9/5/01 before Mag Judge Leslie E. Kobayashi ( Ct Rptr : No Record) JUDGE Mag Judge Leslie E. Kobayashi (fe)
                                                                                                                                                                                                                                                                    LREF
                                                                                                                                                                                                                                                                    Blank 44 Filed: 8/13/2001, Entered: 8/14/2001 Supplement
                                                                                                                                                                                                                                                                    SUPPLEMENTAL index of administrative record by defendants re [42-1]; certificate of service (fe)
                                                                                                                                                                                                                                                                      LREF
                                                                                                                                                                                                                                                                      Blank 43 Filed: 8/13/2001, Entered: 8/14/2001 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                                      EP :Rule 16 Scheduling Conference not held. Status Conference held. Parties to meet and confer to work out the issue of the completeness of the administrative record. Letter briefs/status letter due 8/20/01 by 4:30 p.m. Status/Rule 16 Scheduling Conference set for 8:30 8/22/01, LEK. EO: Magistrate Judge Leslie E. Kobayashi conferred with Judge Susan Oki Mollway re: the various issues. To be included in the status letter due 8/20/01 are: 1. Assuming that Judge Susan Oki Mollway finds in favor of plaintiff Malama Makua at the October 29, 2001 hearing, is it necessary for the parties to present any evidence on the issue of the permanent injunction ? If so, what kind of evidence is necessary to be presented ? 2. For the October 29, 2201 hearing, do the parties anticipate presenting any live witness testimony on the liability issue ? If so, how many witnesses are anticipated at this time to be called ? cc: all counsel rule 16 conference held on 9:00 8/13/01 before Mag Judge Leslie E. Kobayashi , status conference/ rule 16 conference set for 8:30 8/22/01 before Mag Judge Leslie E. Kobayashi ( Ct Rptr : Record) JUDGE Mag Judge Leslie E. Kobayashi (fe)
                                                                                                                                                                                                                                                                        LREF
                                                                                                                                                                                                                                                                        Blank 73 Filed: 8/10/2001, Entered: 8/21/2001 Transmittal of Documents
                                                                                                                                                                                                                                                                        Defendants' Administrative Record; Videocassette Tapes 1-10; box 12 (fe)
                                                                                                                                                                                                                                                                          LREF
                                                                                                                                                                                                                                                                          Blank 72 Filed: 8/10/2001, Entered: 8/21/2001 Transmittal of Documents
                                                                                                                                                                                                                                                                          Defendants' Administrative Record; Makua Pat binder 1; box 12 (fe)
                                                                                                                                                                                                                                                                            LREF
                                                                                                                                                                                                                                                                            Blank 71 Filed: 8/10/2001, Entered: 8/21/2001 Transmittal of Documents
                                                                                                                                                                                                                                                                            Defendants' Administrative Record; Nepa General Binder 6; box 11 (fe)
                                                                                                                                                                                                                                                                              LREF
                                                                                                                                                                                                                                                                              Blank 70 Filed: 8/10/2001, Entered: 8/21/2001 Transmittal of Documents
                                                                                                                                                                                                                                                                              Defendants' Administrative Record; Nepa General Binder 5; box 11 (fe)
                                                                                                                                                                                                                                                                                LREF
                                                                                                                                                                                                                                                                                Blank 69 Filed: 8/10/2001, Entered: 8/21/2001 Transmittal of Documents
                                                                                                                                                                                                                                                                                Defendants' Administrative Record; Nepa General Binder 4; box 11 (fe)
                                                                                                                                                                                                                                                                                  LREF
                                                                                                                                                                                                                                                                                  Blank 68 Filed: 8/10/2001, Entered: 8/21/2001 Transmittal of Documents
                                                                                                                                                                                                                                                                                  Defendants' Administrative Record; Nepa General Binder 3; box 10 (fe)
                                                                                                                                                                                                                                                                                    LREF
                                                                                                                                                                                                                                                                                    Blank 67 Filed: 8/10/2001, Entered: 8/21/2001 Transmittal of Documents
                                                                                                                                                                                                                                                                                    Defendants' Administrative Record; Nepa General Binder 2; box 10 (fe)
                                                                                                                                                                                                                                                                                      LREF
                                                                                                                                                                                                                                                                                      Blank 66 Filed: 8/10/2001, Entered: 8/21/2001 Transmittal of Documents
                                                                                                                                                                                                                                                                                      Defendants' Administrative Record; Nepa General Binder 1; box 10 (fe)
                                                                                                                                                                                                                                                                                        LREF
                                                                                                                                                                                                                                                                                        Blank 65 Filed: 8/10/2001, Entered: 8/21/2001 Transmittal of Documents
                                                                                                                                                                                                                                                                                        Defendants' Administrative Record; Threatened and Endangered Species Binder 3; box 9 (fe)
                                                                                                                                                                                                                                                                                          LREF
                                                                                                                                                                                                                                                                                          Blank 64 Filed: 8/10/2001, Entered: 8/21/2001 Transmittal of Documents
                                                                                                                                                                                                                                                                                          Defendants' Administrative Record; Threatened and Endangered Species Binder 2; box 8 (fe)
                                                                                                                                                                                                                                                                                            LREF
                                                                                                                                                                                                                                                                                            Blank 63 Filed: 8/10/2001, Entered: 8/21/2001 Transmittal of Documents
                                                                                                                                                                                                                                                                                            Defendants' Administrative Record; Threatened and Endangered Species Binder 1; box 8 (fe)
                                                                                                                                                                                                                                                                                              LREF
                                                                                                                                                                                                                                                                                              Blank 62 Filed: 8/10/2001, Entered: 8/21/2001 Transmittal of Documents
                                                                                                                                                                                                                                                                                              Defendants' Administrative Record; Cultural Resources Binder 4; box 7 (fe)
                                                                                                                                                                                                                                                                                                LREF
                                                                                                                                                                                                                                                                                                Blank 61 Filed: 8/10/2001, Entered: 8/21/2001 Transmittal of Documents
                                                                                                                                                                                                                                                                                                Defendants' Administrative Record; Cultural Resources Binder 3; box 7 (fe)
                                                                                                                                                                                                                                                                                                  LREF
                                                                                                                                                                                                                                                                                                  Blank 60 Filed: 8/10/2001, Entered: 8/21/2001 Transmittal of Documents
                                                                                                                                                                                                                                                                                                  Defendants' Administrative Record; Cultural Resources Binder 2; box 6 (fe)
                                                                                                                                                                                                                                                                                                    LREF
                                                                                                                                                                                                                                                                                                    Blank 59 Filed: 8/10/2001, Entered: 8/21/2001 Transmittal of Documents
                                                                                                                                                                                                                                                                                                    Defendants' Administrative Record; Cultural Resources Binder 1; box 6 (fe)
                                                                                                                                                                                                                                                                                                      LREF
                                                                                                                                                                                                                                                                                                      Blank 58 Filed: 8/10/2001, Entered: 8/21/2001 Transmittal of Documents
                                                                                                                                                                                                                                                                                                      Defendants' Administrative Record; Training Binder 5; box 5 (fe)
                                                                                                                                                                                                                                                                                                        LREF
                                                                                                                                                                                                                                                                                                        Blank 57 Filed: 8/10/2001, Entered: 8/21/2001 Transmittal of Documents
                                                                                                                                                                                                                                                                                                        Defendants' Administrative Record; Training Binder 4; box 5 (fe)
                                                                                                                                                                                                                                                                                                          LREF
                                                                                                                                                                                                                                                                                                          Blank 56 Filed: 8/10/2001, Entered: 8/21/2001 Transmittal of Documents
                                                                                                                                                                                                                                                                                                          Defendants' Administrative Record; Training Binder 3; box 5 (fe)
                                                                                                                                                                                                                                                                                                            LREF
                                                                                                                                                                                                                                                                                                            Blank 55 Filed: 8/10/2001, Entered: 8/21/2001 Transmittal of Documents
                                                                                                                                                                                                                                                                                                            Defendants' Administrative Record; Training Binder 2; box 4 (fe)
                                                                                                                                                                                                                                                                                                              LREF
                                                                                                                                                                                                                                                                                                              Blank 54 Filed: 8/10/2001, Entered: 8/21/2001 Transmittal of Documents
                                                                                                                                                                                                                                                                                                              Defendants' Administrative Record; Training Binder 1; box 4 (fe)
                                                                                                                                                                                                                                                                                                                LREF
                                                                                                                                                                                                                                                                                                                Blank 53 Filed: 8/10/2001, Entered: 8/21/2001 Transmittal of Documents
                                                                                                                                                                                                                                                                                                                Defendants' Administrative Record; Hazardous Materials Binder 6; box 3 (fe)
                                                                                                                                                                                                                                                                                                                  LREF
                                                                                                                                                                                                                                                                                                                  Blank 52 Filed: 8/10/2001, Entered: 8/21/2001 Transmittal of Documents
                                                                                                                                                                                                                                                                                                                  Defendants' Administrative Record; Hazardous Materials Binder 5; box 3 (fe)
                                                                                                                                                                                                                                                                                                                    LREF
                                                                                                                                                                                                                                                                                                                    Blank 51 Filed: 8/10/2001, Entered: 8/21/2001 Transmittal of Documents
                                                                                                                                                                                                                                                                                                                    Defendants' Administrative Record; Hazardous Materials Binder 4; Box 3 (fe)
                                                                                                                                                                                                                                                                                                                      LREF
                                                                                                                                                                                                                                                                                                                      Blank 50 Filed: 8/10/2001, Entered: 8/21/2001 Transmittal of Documents
                                                                                                                                                                                                                                                                                                                      Defendants' Administrative Record; Hazardous materials binder 3; box 2 (fe)
                                                                                                                                                                                                                                                                                                                        LREF
                                                                                                                                                                                                                                                                                                                        Blank 49 Filed: 8/10/2001, Entered: 8/21/2001 Transmittal of Documents
                                                                                                                                                                                                                                                                                                                        Defendants' Administrative Record; Hazardous materials binder 2; box 2 (fe)
                                                                                                                                                                                                                                                                                                                          LREF
                                                                                                                                                                                                                                                                                                                          Blank 48 Filed: 8/10/2001, Entered: 8/21/2001 Transmittal of Documents
                                                                                                                                                                                                                                                                                                                          Defendants' Administrative Record; hazardous materials Binder 1; box 2 (fe)
                                                                                                                                                                                                                                                                                                                            LREF
                                                                                                                                                                                                                                                                                                                            Blank 47 Filed: 8/10/2001, Entered: 8/21/2001 Transmittal of Documents
                                                                                                                                                                                                                                                                                                                            Defendants' Administrative Record; Fire Binder 3, box 1 (fe)
                                                                                                                                                                                                                                                                                                                              LREF
                                                                                                                                                                                                                                                                                                                              Blank 46 Filed: 8/10/2001, Entered: 8/21/2001 Transmittal of Documents
                                                                                                                                                                                                                                                                                                                              Defendants' Administrative Record; Fire Binder 2; box 1 (fe)
                                                                                                                                                                                                                                                                                                                                LREF
                                                                                                                                                                                                                                                                                                                                Blank 45 Filed: 8/10/2001, Entered: 8/21/2001 Transmittal of Documents
                                                                                                                                                                                                                                                                                                                                Defendants' Administrative Record: Fire Binder 1, box 1 (fe)
                                                                                                                                                                                                                                                                                                                                  LREF
                                                                                                                                                                                                                                                                                                                                  Blank 42 Filed: 8/10/2001, Entered: 8/13/2001 ~Notice (other)
                                                                                                                                                                                                                                                                                                                                  NOTICE by defendants' of filing administrative record, index to administrative record and privileged index; declaration of Alvin Char; certification of index to administrative record; certificate of service (fe)
                                                                                                                                                                                                                                                                                                                                    LREF
                                                                                                                                                                                                                                                                                                                                    Blank 41 Filed: 8/7/2001, Entered: 8/7/2001 Scheduling Conference Statement
                                                                                                                                                                                                                                                                                                                                    SCHEDULING CONFERENCE STATEMENT by federal defendants; certificate of service (fe)
                                                                                                                                                                                                                                                                                                                                      LREF
                                                                                                                                                                                                                                                                                                                                      Blank 40 Filed: 8/6/2001, Entered: 8/7/2001 Scheduling Conference Statement
                                                                                                                                                                                                                                                                                                                                      SCHEDULING CONFERENCE STATEMENT by plaintiff; certificate of service (fe)
                                                                                                                                                                                                                                                                                                                                        LREF
                                                                                                                                                                                                                                                                                                                                        Blank 39 Filed: 7/30/2001, Entered: 7/31/2001 Report of Planning Meeting
                                                                                                                                                                                                                                                                                                                                        REPORT OF PARTIES PLANNING MEETING by plaintiff; certificate of service (fe)
                                                                                                                                                                                                                                                                                                                                          LREF
                                                                                                                                                                                                                                                                                                                                          Blank 38 Filed: 7/26/2001, Entered: 7/27/2001 Certificate Of Service.
                                                                                                                                                                                                                                                                                                                                          CERTIFICATE of service (fe)
                                                                                                                                                                                                                                                                                                                                            LREF
                                                                                                                                                                                                                                                                                                                                            Blank 37 Filed: 7/16/2001, Entered: 7/17/2001 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                            ORDER by Judge Susan O. Mollway granting plaintiff's motion for preliminary injunction [25-1] - the court the Army to file the administrative record in this case by 8/10/01; either side may file a motion for summary judgment; the hrg on such matter will be set for 9:00 on 10/29/01; the motions shall be filed and briefed in accordance with the deadlines set forth in the Local Rules; if this case is not entirely disposed of on the motions that will be argued on 10/29/01 either party may ask the court to review the propriety of extending or dissolving this preliminary injunction (cc: all counsel) (fe)
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                                                                                                                                                                                                                                                                                                                                              Blank 36 Filed: 7/9/2001, Entered: 7/10/2001 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                                                                                                              EP : Plaintiff's Motion for Preliminary Injunction - Arguments. Court takes the motion under advisement and will issue a decision. - taking under advisement on the motion for preliminary injunction [25-1] ( Ct Rptr : Debra Chun) JUDGE Judge Susan O. Mollway (fe)
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                                                                                                                                                                                                                                                                                                                                                Blank 35 Filed: 7/9/2001, Entered: 7/10/2001 Notice of Hearing.Court Filing
                                                                                                                                                                                                                                                                                                                                                NOTICE of hearing rule 16 conference set for 9:00 8/13/01 before Mag Judge Leslie E. Kobayashi (cc: David Henkin, Theodore Meeker) (fe)
                                                                                                                                                                                                                                                                                                                                                  LREF
                                                                                                                                                                                                                                                                                                                                                  Blank 34 Filed: 7/5/2001, Entered: 7/6/2001 Proposed Findings of Fact
                                                                                                                                                                                                                                                                                                                                                  PROPOSED FINDINGS of fact and conclusions of law submitted by Federal defendants; certificate of service (fe)
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                                                                                                                                                                                                                                                                                                                                                    Blank 33 Filed: 7/5/2001, Entered: 7/6/2001 Proposed Findings of Fact
                                                                                                                                                                                                                                                                                                                                                    PROPOSED FINDINGS of fact and conclusions of law re pltf's motion for prelimiary injunction submitted by plaintiff Malama Makua; certificate of service (fe)
                                                                                                                                                                                                                                                                                                                                                      LREF
                                                                                                                                                                                                                                                                                                                                                      Blank 32 Filed: 7/3/2001, Entered: 7/6/2001 Stipulation
                                                                                                                                                                                                                                                                                                                                                      STIPULATION regarding witnesses at hearing on plaintiff's motion for preliminary injunction re [25-1] (fe)
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                                                                                                                                                                                                                                                                                                                                                        Blank 31 Filed: 7/2/2001, Entered: 7/6/2001 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                        ORDER by Judge Susan O. Mollway granting plaintiff's unopposed motion for leave to file supplemental exhibits in support of its motion for preliminary injunction [30-1] (cc: all counsel) (fe)
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                                                                                                                                                                                                                                                                                                                                                          Blank 30 Filed: 6/29/2001, Entered: 7/2/2001, Terminated: 7/2/2001 Motion for Miscellaneous ReliefCourt Filing
                                                                                                                                                                                                                                                                                                                                                          Unopposed MOTION by plaintiff for leave to file supplemental exhibits in support of its motion for preliminary injunction ; declaration of David L. Henkin; exhibits 19-20; certificate of service - set for 8:30 7/9/01 before Judge Susan O. Mollway (fe)
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                                                                                                                                                                                                                                                                                                                                                            Blank 29 Filed: 6/28/2001, Entered: 7/2/2001 Memorandum in Support of Motion
                                                                                                                                                                                                                                                                                                                                                            Reply MEMORANDUM by plaintiff in support of motion for preliminary injunction [25-1]; declaration of Steven Lee Montgomery, Ph.D.; exhibits 1-6; declaration of Michael Hadfield, Ph.D; exhibit 7; declaration of david L. Henkin; exhibits 8-18; certificate of service (fe)
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                                                                                                                                                                                                                                                                                                                                                              Blank 28 Filed: 6/26/2001, Entered: 6/27/2001 Answer
                                                                                                                                                                                                                                                                                                                                                              ANSWER by United States' defendants Donald H. Rumsfeld, defendant Joseph W. Westphal to complaint [24-1]; certificate of service (fe)
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                                                                                                                                                                                                                                                                                                                                                                Blank 27 Filed: 6/21/2001, Entered: 6/25/2001 Memorandum in Opposition to Motion
                                                                                                                                                                                                                                                                                                                                                                MEMORANDUM by defendant in opposition to motion for preliminary injunction [25-1]; table of contents; table of authorities; certificate of service (fe)
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                                                                                                                                                                                                                                                                                                                                                                  Blank 26 Filed: 6/19/2001, Entered: 6/21/2001 ERRATA
                                                                                                                                                                                                                                                                                                                                                                  ERRATA in pltf's memorandum in support of motion for preliminary injunction and supporting exhibits by plaintiff to [25-1]; declaration of David L. Henkin; corrected exhibits h,k & w; certificate of service (fe)
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                                                                                                                                                                                                                                                                                                                                                                    Blank 25 Filed: 6/11/2001, Entered: 6/12/2001, Terminated: 7/16/2001 Motion for Preliminary InjunctionCourt Filing
                                                                                                                                                                                                                                                                                                                                                                    NOTICE OF MOTION and motion by plaintiff for preliminary injunction ; declaration of David L. Henkin; exhibits a-y; certificate of service - set for 8:30 7/9/01 before Judge Susan O. Mollway (fe)
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                                                                                                                                                                                                                                                                                                                                                                      Blank 24 Filed: 5/30/2001, Entered: 5/31/2001 Amended Complaint
                                                                                                                                                                                                                                                                                                                                                                      First AMENDED COMPLAINT for a declaratory judgment and injunctive relief [1-1] exhibit a; certificate of service - by plaintiff; adding Donald H. Rumsfeld, Joseph W. Westphal (fe)
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                                                                                                                                                                                                                                                                                                                                                                        Blank 23 Filed: 5/30/2001, Entered: 5/31/2001 Stipulation and OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                        Joint STIPULATION and ORDER by Judge Susan O. Mollway : re military training at Makua Military Reservation pending motion for preliminary injunction[4-1] (fe)
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                                                                                                                                                                                                                                                                                                                                                                          Blank -- Filed: 3/29/2001, Entered: 3/29/2001 Transcript
                                                                                                                                                                                                                                                                                                                                                                          ORIGINAL TRANSCRIPT filed ( Ct Rptr Debra Chun) taken on 2/26/01 (eps)
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                                                                                                                                                                                                                                                                                                                                                                            Blank -- Filed: 3/5/2001, Entered: 3/5/2001 Transcript
                                                                                                                                                                                                                                                                                                                                                                            Original TRANSCRIPT filed ( Ct Rptr Debra Kekuna Chun) taken on 1/11/01 (fe)
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                                                                                                                                                                                                                                                                                                                                                                              Blank 22 Filed: 3/2/2001, Entered: 3/5/2001 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                                                                                                                                              EO : Pursuant to Judge Susan Oki Mollway's Order filed 3/1/01 which stayed the above entitled action, the Rule 16 Scheduling Conference set for 9:00 3/27/01, LEK is vacated. All parties notified by phone. rule 16 conference 3/27/01 before Mag Judge Leslie E. Kobayashi is vacated ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (fe)
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                                                                                                                                                                                                                                                                                                                                                                                Blank 21 Filed: 3/1/2001, Entered: 3/2/2001 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                ORDER by Judge Susan O. Mollway denying defendants' motion to dismiss [16-1] (cc: all counsel) (fe)
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                                                                                                                                                                                                                                                                                                                                                                                  Blank 20 Filed: 2/26/2001, Entered: 2/26/2001 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                  EP : Defendants' motion to dismiss; arguments; motion ti dismiss taken under advisement; court will issue a ruling by the end of the week - taking under advisement on 3/2/01 the motion to dismiss [16-1] ( Ct Rptr : Debra Chun) JUDGE Judge Susan O. Mollway (fe)
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                                                                                                                                                                                                                                                                                                                                                                                    Blank 19 Filed: 2/20/2001, Entered: 2/21/2001 Reply
                                                                                                                                                                                                                                                                                                                                                                                    REPLY by defendants' to pltf's opposition to defts' motion to dismiss re [18-1]; declaration of Richard B. Jackson; declaration of Clarence M. Wagner, Jr.; certificate of service (fe)
                                                                                                                                                                                                                                                                                                                                                                                      LREF
                                                                                                                                                                                                                                                                                                                                                                                      Blank 18 Filed: 2/15/2001, Entered: 2/15/2001 Memorandum in Opposition to Motion
                                                                                                                                                                                                                                                                                                                                                                                      MEMORANDUM by plaintiff in opposition to defts' cross motion to dismiss [16-1]; declaration of John A. Fritschie; certificate of service (fe)
                                                                                                                                                                                                                                                                                                                                                                                        LREF
                                                                                                                                                                                                                                                                                                                                                                                        Blank 17 Filed: 2/9/2001, Entered: 2/9/2001 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                        EP : Telephone Conference held in Chambers - Discussion held re: the government's cross motion to dismiss that was lodged on 2/8/01. The Motion to Dismiss is set for 2/26/01 @ 9:00 a.m. SOM. Plaintiff's opposition to be filed by 2/15/01. Defendants' reply to be filed by 2/20/01. Plaintiff to withdraw, without prejudice, it's Motion for Preliminary Injunction set for 2/26/01 @ 9:00 a.m. re [4-1] ( Ct Rptr : Debra Chun) JUDGE Judge Susan O. Mollway (fe)
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                                                                                                                                                                                                                                                                                                                                                                                          Blank 16 Filed: 2/8/2001, Entered: 2/9/2001 Memorandum in Support of Motion
                                                                                                                                                                                                                                                                                                                                                                                          MEMORANDUM by defendants in support of cross motion to dismiss [16-1]; declaration of William R. Puttman, Jr., certificate of service (fe)
                                                                                                                                                                                                                                                                                                                                                                                            LREF
                                                                                                                                                                                                                                                                                                                                                                                            Blank 16 Filed: 2/8/2001, Entered: 2/9/2001, Terminated: 3/1/2001 Memorandum in Opposition to Motion
                                                                                                                                                                                                                                                                                                                                                                                            MEMORANDUM of points and authorities by defendants in opposition to motion for preliminary injunction [4-1] (fe)
                                                                                                                                                                                                                                                                                                                                                                                              LREF
                                                                                                                                                                                                                                                                                                                                                                                              Blank 16 Filed: 2/8/2001, Entered: 2/9/2001, Terminated: 3/1/2001 Motion to DismissCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                              Cross MOTION by defendants to dismiss - set for 9:00 2/26/01 before Judge Susan O. Mollway (fe)
                                                                                                                                                                                                                                                                                                                                                                                                LREF
                                                                                                                                                                                                                                                                                                                                                                                                Blank 15 Filed: 1/11/2001, Entered: 1/12/2001 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                ORDER by Judge Susan O. Mollway granting plaintiff's motion for leave to file supplemental exhibits and to exceed page limit - by plaintiffs (fe)
                                                                                                                                                                                                                                                                                                                                                                                                  LREF
                                                                                                                                                                                                                                                                                                                                                                                                  Blank 14 Filed: 1/11/2001, Entered: 1/12/2001 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                  ORDER by Judge Susan O. Mollway granting Federal Defenatns's motion to continue plaintiffs' motion for preliminary injunction [10-1] (cc: all counsel) (fe)
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                                                                                                                                                                                                                                                                                                                                                                                                    Blank 13 Filed: 1/11/2001, Entered: 1/12/2001 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                    EP :Federal Defendants' Motion to Continue Plaintiff's Motion for Preliminary Injunction - Plaintiff's Motion for Leave to File Supplemental Exhibits and to Exceed Page Limits - no opposition by the Government - Granted. Arguments. Federal Defendants' Motion to Continue Plaintiff's Motion for Preliminary Injunction - Granted with the following conditions: 1. If the Government will be conducting military training, no live ammunition is to be used from today until the motion for preliminary injunction is heard. 2. Government is to notify plaintiff's counsel 2 working days before training is conducted as to the general nature and purpose of the activity, and the specific areas where this activity take place. This Motion to Continue is granted without prejudice. Plaintiff may file a motion for temporary restraining order. Plaintiff's Motion for Preliminary Injunction set for 2/6/01 @ 9:00 a.m. is continued to 2/26/01 @ 9:00 a.m. SOM. All deadlines, memorandums, etc. are to be filed in accordance with the local Court rules. Court advises the parties to consider mediation. - [10-1], [8-1], [4-1] 9:00 2/26/01 ( Ct Rptr : Debra Chun) JUDGE Judge Susan O. Mollway (fe)
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                                                                                                                                                                                                                                                                                                                                                                                                      Blank 12 Filed: 1/10/2001, Entered: 1/11/2001 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                      EO :EO: Federal Defendants' Motion to Continue Plaintiff's Motion for Preliminary Injunction set for 1/12/01 @ 9:30 a.m. SOM is reset to 1/11/01 @ 2:00 p.m. SOM. Notified: Paul Achitoff thru Mr. Meeker, Ted Meeker AUSA. cc: Judge Mollway's Chambers; setting hearing on motion to continue plaintiffs' motion for preliminary injunction [10-1] 2:00 1/11/01 ( Ct Rptr : ) JUDGE Judge Susan O. Mollway (lmg)
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                                                                                                                                                                                                                                                                                                                                                                                                        Blank 11 Filed: 1/10/2001, Entered: 1/10/2001 Memorandum in Opposition to Motion
                                                                                                                                                                                                                                                                                                                                                                                                        MEMORANDUM by plaintiff in opposition to Federal defts' motion to continue plaintiffs' motion for preliminary injunction [10-1]; exhibit k (fe)
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                                                                                                                                                                                                                                                                                                                                                                                                          Blank 10 Filed: 1/10/2001, Entered: 1/10/2001, Terminated: 1/11/2001 Motion to ContinueCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                          NOTICE OF MOTION and motion by federal defendants to continue plaintiffs' motion for preliminary injunction ; memorandum in support of motion; declaration of Theodore G. Meeker; certificate of service - set for 9:30 1/12/01 before Judge Susan O. Mollway (fe)
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                                                                                                                                                                                                                                                                                                                                                                                                            Blank 9 Filed: 1/10/2001, Entered: 1/10/2001 Ex Parte Motion and orderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                            EX PARTE MOTION and Order by Judge Susan O. Mollway by federal defendants shorten time for hearing ; declaration of Theodore Meeker; certificate of service (fe)
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                                                                                                                                                                                                                                                                                                                                                                                                              Blank 8 Filed: 1/9/2001, Entered: 1/9/2001, Terminated: 1/11/2001 Motion for Miscellaneous ReliefCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                              Unopposed MOTION by plaintiff for leave to file supplemental exhibits and to exceed page limit ; declaration of John A. Fritschie; exhibits i-j - referred to Judge Susan O. Mollway (fe)
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                                                                                                                                                                                                                                                                                                                                                                                                                Blank 7 Filed: 1/4/2001, Entered: 1/5/2001 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                EO : Plaintiff's Motion for a Preliminary Injunction set for 2/5/01 @ 9:00 a.m. SOM is continued to 2/6/01 @ 9:00 a.m. SOM. Notified: Paul Achitoff, Theodore Meeker AUSA. cc: The above named attorneys, Judge Mollway's Chambers. [4-1] ( Ct Rptr : ) JUDGE Judge Susan O. Mollway (fe)
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                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 6 Filed: 12/28/2000, Entered: 12/29/2000 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                  ORDER by Mag Judge Leslie E. Kobayashi for attorney John A. Fritschie to appear pro hac vice ; declaration of John A. Fritschie; declaration of consent of Paul H. Achitoff; certificate of service (fe)
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                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 5 Filed: 12/27/2000, Entered: 12/28/2000 Miscellaneous Document
                                                                                                                                                                                                                                                                                                                                                                                                                    STATEMENT of no opposition to pltf's application to admit John A. Fritschie pro hac vice; certificate of service - by defendant (fe)
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                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 4 Filed: 12/21/2000, Entered: 12/22/2000 Motion for Preliminary InjunctionCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                      NOTICE OF MOTION and motion by plaintiff for preliminary injunction ; declaration of Paul H. Achitoff; exhibits a-h; certificate of service - set for 9:00 2/5/01 before Judge Susan Oki Mollway (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 3 Filed: 12/20/2000, Entered: 12/22/2000 Service - Miscellaneous
                                                                                                                                                                                                                                                                                                                                                                                                                        RETURN OF SERVICE of complaint and summons executed upon Steven S. Alm, U.S. Attorney on 12/20/00 thru Stephen Lehto, Receptionist & authorized to receive service (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 2 Filed: 12/20/2000, Entered: 12/22/2000 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                          ORDER by Judge David A. Ezra rule 16 conference set for 9:00 3/27/01 before Mag Judge Leslie E. Kobayashi (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 1 Filed: 12/20/2000, Entered: 12/22/2000 Complaint
                                                                                                                                                                                                                                                                                                                                                                                                                            COMPLAINT for a declaratory judgment and injunctive relief; exhibit a; summons (Summons issued) (afc)
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