Githere v. Consolidated Amuse, et al
Federal Civil Lawsuit Hawaii District Court, Case No. 1:04-cv-00116-DAE-LEK
District Judge DAVID ALAN EZRA, presiding

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No Logo Gilbert Githere, Plaintiff

Toggle Switch Represented by attyandrewooten.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Andre S. Wooten +5454 545 545 4165 Andre@AttyAndreWooten.com
v.
No Logo Aloha Stadium Authority, Inc., Defendant

Toggle Switch Represented by State of Hawaii

Name Phone Fax E-Mail
Space John M. Cregor, Jr. +5861 586 586 1494 +5861 586 586 1369 John.M.Cregor@hawaii.gov
Space Cindy S. Inouye +5861 586 586 1500
No Logo Consolidated Amusement Corporation, Inc., Defendant

Toggle Switch Represented by Marr Jones & Wang LLLP

Name Phone Fax E-Mail
Space Richard M. Rand +5364 536 536 4900 +5366 536 536 6700 rrand@marrjones.com

Toggle Switch Represented by Torkildson Katz Moore Hetherington & Harris

Name Phone Fax E-Mail
Space Tamara M. Gerrard +5236 523 523 6000 +5236 523 523 6001 tmg@torkildson.com
Space Heather M. Rickenbrode +5236 523 523 6000 hmr@torkildson.com
No Logo John Tellis, Defendant

Toggle Switch Represented by Marr Jones & Wang LLLP

Name Phone Fax E-Mail
Space Richard M. Rand +5364 536 536 4900 +5366 536 536 6700 rrand@marrjones.com

Toggle Switch Represented by Torkildson Katz Moore Hetherington & Harris

Name Phone Fax E-Mail
Space Tamara M. Gerrard +5236 523 523 6000 +5236 523 523 6001 tmg@torkildson.com
Space Heather M. Rickenbrode +5236 523 523 6000 hmr@torkildson.com
No Logo Lenny Doe, Defendant
No Logo STEPHEN LEE, Defendant
Office Hawaii
Filed 2/17/2004
Jury Demand Both
Demand $1000000
Nature of Suit 440 - Civil Rights: Other
Cause Section 42 U.S.C. § 12101 Violation of Americans with Disabilities Act
Jurisdiction Federal Question
Disposition Dismissed - Other
County Honolulu
Terminated 7/26/2005
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag TERMED
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Blank -- Filed: 1/8/2008, Entered: 1/8/2008 Court's Certificate of Service
COURT'S CERTIFICATE of Service - a copy of [169] USCA Judgment has been served by First Class Mail to the addresses of record on 01/08/2008. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (bbb, )
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    Legal Document 169 Filed: 1/7/2008, Entered: 1/8/2008 USCA Judgment
    USCA JUDGMENT as to Notice of Appeal - AFFIRMED. (Attachments: # (1) Transmittal letter)(bbb, )
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      Legal Document 167 Filed: 2/24/2006, Entered: 2/24/2006 Order on Motion to StayCourt Filing
      ORDER Denying Plaintiff's Motion for Stay of Execution of Costs Billed Pending Appeal [157] - Signed by Judge DAVID ALAN EZRA on 2/24/06. (emt, )
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        Legal Document 166 Filed: 2/24/2006, Entered: 2/24/2006 Motion HearingCourt Filing
        EP: Motion Hearing held on 2/24/2006 re [157]MOTION to Stay filed by Gilbert Githere, Motions Taken Under Advisement:[157]MOTION to Stay. (Court Reporter Cynthia Fazio.) (Judge DAVID ALAN EZRA )(tl, )
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          Blank -- Filed: 2/24/2006, Entered: 2/24/2006 Court's Certificate of Service
          COURT'S CERTIFICATE of Service - a copy of [167] " Order Denying Plaintiff's Motion for Stay of Execution of Costs Billed Pending Appeal" has been served by First Class Mail to the addresses of record on February 24, 2006. 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 165 Filed: 2/22/2006, Entered: 2/22/2006 Show Cause HearingCourt Filing
            EP: Further Order toShow Cause Hearing held on 2/22/2006. (Court Reporter FTR-Courtroom 7) (Judge LESLIE E KOBAYASHI )(wnn)
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              Legal Document 164 Filed: 2/21/2006, Entered: 2/21/2006 Show Cause HearingCourt Filing
              EP: Show Cause Hearing held on 2/21/2006. Further Show Cause Hearing set for 2/22/2006 01:30 PM before JUDGE LESLIE E KOBAYASHI. (Court Reporter FTR-Courtroom 7) (Judge LESLIE E KOBAYASHI )(wnn)
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                Legal Document 163 Filed: 2/6/2006, Entered: 2/8/2006 Memorandum in Opposition to Motion
                MEMORANDUM by defendants Consolidated Amusement Company, Ltd., and John Tellis in opposition to [157] plaintiff Gilbert Githere's MOTION for stay of execution of collection costs billed pending appeal; declaration of counsel; exhibits A-D; certificate of service - filed by Consolidated Amusement Corporation, Inc., John Tellis. (Attachments: # (1) Declaration of Tamara M. Gerrard# (2) Exhibit A# (3) Exhibit B# (4) Exhibit C# (5) Exhibit D)(emt, )
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                Legal Document 162 Filed: 2/2/2006, Entered: 2/3/2006 Order to Show Cause Court Filing
                ORDER TO SHOW CAUSE - Show Cause Hearing set for 2/21/2006 10:00 AM before JUDGE LESLIE E KOBAYASHI.- Signed by Judge LESLIE E KOBAYASHI on 2/1/06. (emt, )
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                  Legal Document 161 Filed: 1/26/2006, Entered: 1/27/2006 ~Motion for Order to Show Cause
                  Defendants Consolidated Amusement Company, Ltd., and John Tellis' MOTION for Order to Show Cause; declaration of Heather M. Rickenbrode; exhibits A-B; "proposed" order to show cause; notice of hearing; certificate of service - by Consolidated Amusement Corporation, Inc., John Tellis. (Attachments: # (1) Declaration of Heather M. Rickenbrode# (2) Exhibit A# (3) Exhibit B# (4) Proposed Order to Show Cause)(emt, )
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                  Legal Document 160 Filed: 1/20/2006, Entered: 1/20/2006 Terminate HearingsCourt Filing
                  EP: Return Date on Examination of Judgment Debtor - Judgment Debtor not present.(Court Reporter FTR-Courtroom 7.) (Judge LESLIE E KOBAYASHI )(wnn, )
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                    Legal Document 159 Filed: 1/3/2006, Entered: 1/5/2006 Appeal Remark
                    Order regarding deadlines from the Ninth Circuit Court of Appeals (emt, )
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                      Legal Document 158 Filed: 12/23/2005, Entered: 12/29/2005 Ex Parte Motion and orderCourt Filing
                      EX PARTE MOTION to shorten time for hearing on motion for stay of execution of collection of costs billed pending appeal; declaration of counsel; order granting ex parte motion to shorten time for hearing on motion for stay of execution of collection of costs billed pending appeal; certificate of service [157] - DENIED by by Judge DAVID ALAN EZRA on 12/23/05. (emt, )
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                        Legal Document 157 Filed: 12/23/2005, Entered: 12/29/2005, Terminated: 12/23/2005 Motion to StayCourt Filing
                        Notice of motion; MOTION for stay of execution of collection of costs billed pending appeal; declaration of counsel; exhibit A; certificate of service by Gilbert Githere. - set for 2/24/06, 9:00 AM before Judge David Alan Ezra (Attachments: # (1) Exhibit A)(emt, ) Modified on 12/29/2005 (emt, ) - included hearing date, time.
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                        Legal Document 156 Filed: 12/23/2005, Entered: 12/28/2005 OrderCourt Filing
                        ORDER adopting report of special master - Signed by Judge DAVID ALAN EZRA on 12/23/05. [136], [152] (emt, )
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                          Blank -- Filed: 12/23/2005, Entered: 12/29/2005 Notice of Hearing on Motion
                          [157] NOTICE of Hearing on Motion - MOTION for stay of execution of collection of costs billed pending appeal - set for 2/24/2006 09:00 AM before JUDGE DAVID ALAN EZRA. (emt, )
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                            Blank 155 Filed: 12/15/2005, Entered: 12/19/2005 Certificate Of Service.
                            CERTIFICATE OF SERVICE by defendant Consolidated Amusement Corporation, Inc., John Tellis (emt, )
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                              Blank 154 Filed: 12/9/2005, Entered: 12/14/2005 Ex Parte Motion and orderCourt Filing
                              EX PARTE MOTION by defendants Consolidated Amusement Company, Ltd. and John Tellis for examination of judgment debtor; declaration of Tamara M. Gerrard; declaration of Heather M. Rickenbrode; exhibits A through H; ORDER granting defendants Consolidated Amusement Company, Ltd. and John Tellis' ex parte motion for examination of judgment debtor; certificate of service [152] signed by Mag Judge Leslie E. Kobayashi on 12/6/05 [Judgment Debtor Exam set for 1/20/2006 09:00 AM before JUDGE LESLIE E KOBAYASHI](emt, )
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                                Blank 153 Filed: 12/6/2005, Entered: 12/9/2005 Certificate of Clerk
                                CERTIFICATE of Record Re Notice of Appeal filed 8/25/05; 9CCA # 05-16738 (gls, )
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                                  Blank -- Filed: 12/5/2005, Entered: 12/6/2005 Transcript
                                  TRANSCRIPT of Proceedings held on 9/9/04 before Judge David Alan Ezra. Court Reporter: Cyntha Tando Fazio. (emt, )
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                                    Blank 152 Filed: 11/17/2005, Entered: 11/18/2005, Terminated: 12/9/2005 Findings and RecommendationsCourt Filing
                                    REPORT OF SPECIAL MASTER on plaintiff's motion for award of attorneys' fees and costs [136-1] by Mag Judge Leslie E. Kobayashi (cc: all counsel) - This Court finds and recommends that the district court deny plaintiff's motion for attorneys' fees and costs, filed on July 27, 2005. (emt)
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                                      Blank 151 Filed: 11/1/2005, Entered: 11/2/2005 OrderCourt Filing
                                      ORDER denying plaintiff's motion for reconsideration by Judge David A. Ezra [139-1] (cc: all counsel) (emt)
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                                        Blank 150 Filed: 9/26/2005, Entered: 9/27/2005 Designation of Record on Appeal
                                        TRANSCRIPT DESIGNATION and Ordering Form for dates: 9/9/04 Cynthia Fazio re [148-1] (emt)
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                                          Blank 149 Filed: 9/15/2005, Entered: 9/19/2005 USCA Notice of Docketing Record on Appeal
                                          APPEAL number 05-16738 received from 9CCA regarding [148-1] (afc)
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                                            Blank -- Filed: 9/6/2005, Entered: 9/6/2005 Costs Taxed
                                            COSTS taxed for defendant in the amount of $ 4,495.01 against plaintiff Gilbert Githere (emt)
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                                              Blank -- Filed: 8/30/2005, Entered: 8/30/2005, Terminated: 1/7/2008 Notice of Appeal
                                              NOTICE OF APPEAL and copy of docket sheet sent to 9th CCA [148-1] (cc: all counsel) (emt)
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                                                Blank 148 Filed: 8/25/2005, Entered: 8/26/2005 Appeal - Miscellaneous
                                                Plaintiff Gilbert Githere's NOTICE OF APPEAL; exhibit A; certificate of service - from Dist. Court decision [132-2] (cc: all counsel, 9CCA) [9CCA No. 05-16738] (emt) Modified on 09/19/2005
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                                                  Blank -- Filed: 8/25/2005, Entered: 8/26/2005 Filing Fee Received
                                                  FILING FEE PAID in the amount of $ 255.00, receipt # 231193 (emt)
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                                                    Blank 147 Filed: 8/12/2005, Entered: 8/15/2005 ERRATA
                                                    ERRATA by plaintiff Gilbert Githere to memorandum in support of plaintiff's motion for reconsideration of order granting defendants Aloha Stadium Authority and Stephen Lee's motion to dismiss second amended complaint; granting defendants Consolidated Amusement Company and John Telles' motion for summary judgment; denying plaintiff's motion to amend complaint and counter motion for summary judgment filed July 26, 2005; certificate of service [139-1] (emt)
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                                                      Blank 146 Filed: 8/12/2005, Entered: 8/15/2005 Joinder
                                                      JOINDER by defendants Aloha Stadium Inc. and Stephen Lee in defendants Consolidated Amusement Company, Ltd. and John Tellis' memo in opposition to plaintiff Gilbert Githere's motion for reconsideration of order granting defendants Aloah Stadium Authority, Inc. and Stephen Lee's motion to dismiss second amended complaint; granting defendants Consolidated Amusement Company, Ltd. and Jon Telles' motion for summary judgment filed August 5, 2005; certificate of service [140-1] (emt)
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                                                        Blank 144 Filed: 8/11/2005, Entered: 8/11/2005 Certificate Of Service.
                                                        AMENDED CERTIFICATE of service by defendants Consolidated Amusement, Ltd. and Jon Telles (emt)
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                                                          Blank 143 Filed: 8/11/2005, Entered: 8/11/2005 Certificate Of Service.
                                                          AMENDED CERTIFICATE of service by defendants Consolidated Amusement, Ltd. and Jon Telles (emt)
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                                                            Blank 142 Filed: 8/11/2005, Entered: 8/11/2005 Certificate Of Service.
                                                            AMENDED CERTIFICATE of service by defendants Consolidated Amusement, Ltd. and Jon Telles (emt)
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                                                              Blank 141 Filed: 8/11/2005, Entered: 8/11/2005 Memorandum in Opposition to Motion
                                                              MEMO by defendants Consolidated Amusement Company, Ltd. and John Tellis' in opposition to plaintiff Gilbert Githere's motion for attorney fees and costs [136-1]; declaration of Tamara M. Gerrard; exhibits A through J; certificate of service (emt)
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                                                                Blank 145 Filed: 8/10/2005, Entered: 8/12/2005 Description not available
                                                                MEMORANDUM by defendants Consolidated Amusement Corporation, Inc. and Jon Telles in support of their BILL OF COSTS (listed as exhibit 3); affidavit of counsel; exhibits 1-5 and A-D; and certificate of service [132-2] (emt)
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                                                                  Blank 140 Filed: 8/10/2005, Entered: 8/11/2005, Terminated: 8/12/2005 Memorandum in Opposition to Motion
                                                                  MEMO by defendants Consolidated Amusement Company, Ltd. and John Tellis' in opposition to plaintiff Gilbert Githere's motion for reconsideration of order granting defendants Aloha Stadium Authority, Inc. and Stephen Lee's motion to dismiss second amended complaint; granting defendants Consolidated Amusement Company, Ltd and Jon Telles' motion for summary judgment filed August 5, 2005; certificate of service [139-1] (emt)
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                                                                    Blank 139 Filed: 8/5/2005, Entered: 8/8/2005, Terminated: 8/10/2005 Motion for ReconsiderationCourt Filing
                                                                    NOTICE OF MOTION and motion by plaintiff Gilbert Githere for reconsideration of order granting defendants Aloha Stadium Authority, Inc. and Stephen Lee's motion to dismiss second amended complaint; granting defendants Consolidated Amusement Company, Ltd and Jon Telles' motion for summary judgment; denying plaintiff's motion to amend complaint and counter motion for summary judgment filed July 26, 2005 ; declaration of counsel; memorandum in support of motion; exhibits 1,2,3,4,24 & 25; certificate of service referred to Judge David A. Ezra (emt)
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                                                                      Blank 138 Filed: 7/29/2005, Entered: 8/1/2005 Minutes-MiscellaneousCourt Filing
                                                                      EO : Plaintiff's Motion for Attorneys' Fees and Costs filed on 7/27/05 was Referred to Magistrate Judge Leslie E. Kobayashi for consideration by Judge David Alan Ezra on 7/29/05. Pursuant to LR 54.3, Plaintiff's Motion for Attorneys' Fees and Costs will be considered by Magistrate Judge Leslie E. Kobayashi as a Non Hearing Motion. Pursuant to LR 54.3 Plaintiffs Statement of Consultation is due on 8/10/05. Pursuant to LR 54.3 and FRCvP Rule 6(e): Memorandum in Opposition is due 8/24/05. Reply Memorandum is due 9/7/05. Plaintiff' Motion for Attorneys' Fees and Costs will be taken under advisement by Magistrate Judge Leslie E. Kobayashi thereafter. cc: all counsel [136-1] ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (emt)
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                                                                        Blank 137 Filed: 7/29/2005, Entered: 7/29/2005 OrderCourt Filing
                                                                        ORDER by Judge David A. Ezra referring to Mag Judge Leslie E. Kobayashi the motion for attorney fees and costs [136-1] (cc: LEK, CRM) (emt)
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                                                                          Blank 136 Filed: 7/27/2005, Entered: 7/28/2005 Motion for Attorney FeesCourt Filing
                                                                          NOTICE OF MOTION and motion by plaintiff Gilbert Githere for attorney fees and costs ; declaration of counsel; certificate of service referred to Judge David A. Ezra (emt)
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                                                                            Blank 135 Filed: 7/27/2005, Entered: 7/27/2005 Minutes-MiscellaneousCourt Filing
                                                                            EO : Defendants Consolidated Amusement Company, Ltd. and John Telles' Motion to Continue Trial Date; Defendants Aloha Stadium Authority, Inc. and Stephen Lee's Joinder in the Motion to Continue Trial Date; set for 08/05/2005 09:00:00 AM before LEK is Vacated and terminated as moot. Final Pretrial Conference is Vacated. Cc: all counsel [127-1],[128-1] ( Ct Rptr :) Mag Judge Leslie E. Kobayashi (emt)
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                                                                              Blank 134 Filed: 7/27/2005, Entered: 7/27/2005 Miscellaneous Document
                                                                              PROPOSED STATEMENT of the case; certificate of service by plaintiff Gilbert Githere (emt)
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                                                                                Blank 133 Filed: 7/26/2005, Entered: 7/26/2005 Memorandum in Opposition to Motion
                                                                                OPPOSITION by plaintiff Gilbert Githere to the defendant's motion to continue the trial a second time; certificate of service [127-1] (emt)
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                                                                                  Blank 132 Filed: 7/26/2005, Entered: 7/26/2005 Judgment*
                                                                                  JUDGMENT: IT IS ORDERED AND ADJUDGED that judgment is entered in favor of the Defendants and against the Plaintiff, pursuant to the "Order Granting Defendants Aloha Stadium Authority, Inc. and Stephen Lee's Motion to Dismiss Second Amended Complaint; Granting Defendants Consolidated Amusement Company, Ltd. and Jon Telles' Motion for Summary Judgment; and Denying Plaintiff's Motion to Amend Complaint and Counter Motion for Summary Judgment", filed July 26, 2005. re [131-1] terminating case (cc: all counsel) (emt)
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                                                                                    Blank 131 Filed: 7/26/2005, Entered: 7/26/2005, Terminated: 7/26/2005 OrderCourt Filing
                                                                                    ORDER by Judge David A. Ezra granting defendants Aloha Stadium Authority, Inc. and Stephen Lee's motion to dismiss second amended complaint; granting defendants Consolidated Amusement Company, Ltd. and Jon Telles' motion for summary judgment; and denying plaintiff's motion to amend complaint and counter motion for summary judgment [127-1], [93-1], [82-1], [73-1], [35-1] (cc: all counsel) (emt) Modified on 07/26/2005
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                                                                                      Blank 130 Filed: 7/25/2005, Entered: 7/25/2005 Original Signature submitted
                                                                                      NOTICE OF SUBMISSION of original signature of Jay Swerdlow attached to defendants Consolidated Amusement Company, Ltd. and John Telles' motion to continue trial date; exhibit A; certificate of service by defendants Consolidated Amusement Company, Ltd. and John Tellis [127-1] (emt)
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                                                                                        Blank 129 Filed: 7/25/2005, Entered: 7/25/2005 Jury Instructions
                                                                                        Plaintiff's PROPOSED LIST OF JURY INSTRUCTIONS; certificate of service submitted by plaintiff Gilbert Githere (emt)
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                                                                                          Blank 127 Filed: 7/22/2005, Entered: 7/22/2005, Terminated: 7/26/2005 Motion to ContinueCourt Filing
                                                                                          NOTICE OF MOTION and motion by defendants Consolidated Amusement Company, Ltd. and John Tellis to continue trial date ; declaration of Tamara M. Gerrard; declaration of Richard M. Rand; certificate of service - set for 9:00 8/5/05 before Mag Judge Leslie E. Kobayashi (emt)
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                                                                                            Blank 126 Filed: 7/22/2005, Entered: 7/22/2005 Ex Parte Motion and orderCourt Filing
                                                                                            EX PARTE MOTION to shorten time for hearing on motion to continue trial date; declaration of counsel; ORDER granting defendants Consolidated Amusement Company, Ltd. and Jon Telles' ex parte motion to shorten time for hearing on motion to continue trial date; certificate of service by Mag Judge Leslie E. Kobayashi on behalf of defendants Consolidated Amusement Company, Ltd. and John Telles - set for 8/5/05, 9:00, LEK (emt)
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                                                                                              Blank 128 Filed: 7/21/2005, Entered: 7/22/2005 Joinder
                                                                                              JOINDER by defendant Aloha Stadium Inc. and Stephen Lee in defendants Consolidated Amusement Company, Ltd. and John Telles' motion to continue trial date filed July 19, 2005 [lodged on 7/19/05, filed on 7/22/05] [127-1]; certificate of service - set for 8/5/05, 9:00, LEK (emt)
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                                                                                                Blank 125 Filed: 7/21/2005, Entered: 7/22/2005 Minutes-MiscellaneousCourt Filing
                                                                                                EO : Continued : [Final Pretrial Conference ] from 07/27/2005 01:30:00 PM to 08/05/2005 09:00:00 AM before LEK. cc: all counsel ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (emt)
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                                                                                                  Blank 124 Filed: 7/15/2005, Entered: 7/15/2005 Certificate Of Service.
                                                                                                  CERTIFICATE of service by plaintiff Gilbert Githere (emt)
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                                                                                                    Blank 123 Filed: 7/14/2005, Entered: 7/15/2005 Witness List
                                                                                                    Plaintiff Gilbert Githere's FOURTH amended WITNESS LIST; certificate of service (bbb)
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                                                                                                      Blank 122 Filed: 7/14/2005, Entered: 7/14/2005 Certificate Of Service.
                                                                                                      CERTIFICATE of service by plaintiff Gilbert Githere (emt)
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                                                                                                        Blank 121 Filed: 7/14/2005, Entered: 7/14/2005 Certificate Of Service.
                                                                                                        CERTIFICATE of service by plaintiff Gilbert Githere (emt)
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                                                                                                          Blank 120 Filed: 7/13/2005, Entered: 7/13/2005 Minutes-MiscellaneousCourt Filing
                                                                                                          EP : Final Pretrial Conference not held. Final Pretrial Conference is continued to 1:30 7/27/05, LEK. Atty Andre S. Wooten admonished by the Court. Atty Wooten is directed to make sure that all documents filed in the above entitled action is served upon all parties. Atty Tamara M. Gerrard to submit declaration or affidavit regarding existence of documents pursuant to the Court's 7/12/05 Order. Cc: all counsel ( Ct Rptr : no record) JUDGE Mag Judge Leslie E. Kobayashi (emt)
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                                                                                                            Blank 119 Filed: 7/12/2005, Entered: 7/13/2005 OrderCourt Filing
                                                                                                            ORDER denying plaintiff's motion to compel or for sanctions for spoiliation, filed June 14, 2005 by Mag Judge Leslie E. Kobayashi [100-1] (cc: all counsel) - Defendants are ordered to produce documents reflecting the assignment of handicapped parking stalls to vendors, and containing information about any accomodation make to handicapped vendors by no later than July 29, 2005. In other respects, Plaintiff's Motion is denied. (emt)
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                                                                                                              Blank 118 Filed: 7/12/2005, Entered: 7/13/2005 Minutes-MiscellaneousCourt Filing
                                                                                                              EO :Plaintiff's Motion to Compel Production of Documents or for Sanctions for Spoilation Against Defendant Consolidated Amusement Corporation set for 07/13/2005 09:00:00 AM before LEK is Vacated. Final Pretrial Conference will still be held. cc: all counsel [100-1] ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (emt)
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                                                                                                                Blank 117 Filed: 7/8/2005, Entered: 7/11/2005 ERRATA
                                                                                                                ERRATA to plaintiff Githere' memorandum and concise statement in opposition to defendant Consolidated Amusement Inc.'s motion for summary judgment and plaintiff's counter-motion for summary judgment; certificate of service by plaintiff Gilbert Githere to [93-1] (emt)
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                                                                                                                  Blank 116 Filed: 7/6/2005, Entered: 7/6/2005 Miscellaneous Document
                                                                                                                  PRETRIAL STATEMENT; certificate of service by plaintiff Gilbert Githere (emt)
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                                                                                                                    Blank 115 Filed: 7/5/2005, Entered: 7/5/2005 Miscellaneous Document
                                                                                                                    Defendants Consolidated Amusement Company, Ltd. and John Telles' final PRETRIAL STATEMENT; certificate of service (emt)
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                                                                                                                      Blank 114 Filed: 7/5/2005, Entered: 7/5/2005 Miscellaneous Document
                                                                                                                      Defendant Stadium Authority, Inc.'s responsive PRETRIAL STATEMENT; certificate of service (emt)
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                                                                                                                        Blank 113 Filed: 6/30/2005, Entered: 7/1/2005 Service - Miscellaneous
                                                                                                                        RETURN OF SERVICE executed upon defendant Stephen Lee on 6/29/05 (emt)
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                                                                                                                          Blank 112 Filed: 6/27/2005, Entered: 6/28/2005 Miscellaneous Document
                                                                                                                          STATEMENT with regard to plaintiff's memorandum in opposition to the defendant State of Hawaii and Aloha Stadium's motion to dismiss second amended complaint; certificate of service by defendants Aloha Stadium Authority, Inc. and Stephen Lee [107-1] (emt)
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                                                                                                                            Blank 111 Filed: 6/21/2005, Entered: 6/21/2005 Certificate Of Service.
                                                                                                                            CERTIFICATE of service by defendant Consolidated Amuse (emt)
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                                                                                                                              Blank 110 Filed: 6/21/2005, Entered: 6/21/2005 Certificate Of Service.
                                                                                                                              CERTIFICATE of service by defendant Consolidated Amuse (emt)
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                                                                                                                                Blank 109 Filed: 6/21/2005, Entered: 6/21/2005 Certificate Of Service.
                                                                                                                                CERTIFICATE of service by defendant Consolidated Amuse (emt)
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                                                                                                                                  Blank 108 Filed: 6/21/2005, Entered: 6/21/2005 Witness List
                                                                                                                                  Plaintiff's THIRD AMENDED WITNESS list; certificate of service submitted by plaintiff Gilbert Githere (emt)
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                                                                                                                                    Blank 107 Filed: 6/17/2005, Entered: 6/20/2005 Memorandum in Opposition to Motion
                                                                                                                                    Plaintiff's MEMORANDUM in opposition to the defendant State of Hawaii and Aloha Stadium Authority's motion to dismiss second amended complaint and counter motion to amend complaint; declaration of plaintiff Gilbert Githere; declaration of counsel; exhibits 1-4 [82-1] (emt)
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                                                                                                                                      Blank 106 Filed: 6/17/2005, Entered: 6/17/2005 Certificate Of Service.
                                                                                                                                      CERTIFICATE of service by defendant Aloha Stadium Inc. (emt)
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                                                                                                                                        Blank 105 Filed: 6/17/2005, Entered: 6/17/2005 Certificate Of Service.
                                                                                                                                        CERTIFICATE of service by defendant Aloha Stadium Inc. (emt)
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                                                                                                                                          Blank 104 Filed: 6/16/2005, Entered: 6/17/2005 Minutes-MiscellaneousCourt Filing
                                                                                                                                          EO : Defendants Consolodated Amusement Company, Ltd., Misidentified as Consolodated Amusement Corporation, Inc. (sic), and Jon Telles' Misidentified as John Tellis' (sic) Motion for Summary Judgment Defendants Aloha Stadium Authority Inc. and Stephen Lee's Motion to Dismiss Second Amended Complaint filed on March 28, 2005 Plaintiff's Counter-Motion for Summary Judgment set for 06/20/2005 09:00:00 AM before DAE All above motions will be decided on the papers without a hearing. All counsel notified by phone. [93-1] [82-1] [73-1] ( Ct Rptr : ) JUDGE Judge David A. Ezra (emt)
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                                                                                                                                            Blank 103 Filed: 6/15/2005, Entered: 6/16/2005 Certificate Of Service.
                                                                                                                                            CERTIFICATE of service by defendant Consolidated Amuse (emt)
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                                                                                                                                              Blank 102 Filed: 6/15/2005, Entered: 6/16/2005 Certificate Of Service.
                                                                                                                                              CERTIFICATE of service by defendant Consolidated Amuse (emt)
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                                                                                                                                                Blank 101 Filed: 6/14/2005, Entered: 6/16/2005 Minutes-MiscellaneousCourt Filing
                                                                                                                                                EO : Final Pretrial Conference set for 07/12/2005 09:00:00 AM is moved to 07/13/05 09:00:00 AM before LEK. cc: all counsel ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (emt)
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                                                                                                                                                  Blank 100 Filed: 6/14/2005, Entered: 6/15/2005, Terminated: 7/12/2005 Motion to CompelCourt Filing
                                                                                                                                                  NOTICE OF MOTION and motion by plaintiff Gilbert Githere to compel production of documents or for sanctions for spoliation against defendant Consolidated Amusement Corporation ; memorandum in support of motion; declaration of counsel; certificate of service set for 9:00 7/13/05 before Mag Judge Leslie E. Kobayashi (emt)
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                                                                                                                                                    Blank 99 Filed: 6/14/2005, Entered: 6/15/2005 Ex Parte Motion and orderCourt Filing
                                                                                                                                                    EX PARTE MOTION to shorten time for hearing on plaintiff's motion to compel production of documents or for sanctions for spoliation against defendant Consolidated Amusement Corporation ; declaration of counsel; order denying ex parte motion by Mag Judge Leslie E. Kobayashi submitted by plaintiff Gilbert Githere (emt)
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                                                                                                                                                      Blank 98 Filed: 6/9/2005, Entered: 6/13/2005 Memorandum in Support of Motion
                                                                                                                                                      REPLY MEMORANDUM in support of defendants Consolidated Amusement Company, Ltd., misidentified as Consolidated Amusement Corporation, Inc. (sic), and John Telles' (sic) motion for summary judgment [73-1]; declaration of Deborah E. Ishihara; declaration of Luynard Kaalouahi; declaration of Tamara M. Gerrard; exhibits A-C; certificate of service by defendants Consolidated Amusement Company, Ltd. and John Telles (emt)
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                                                                                                                                                        Blank 97 Filed: 6/9/2005, Entered: 6/9/2005 ERRATA
                                                                                                                                                        ERRATA to plaintiff's memorandum in opposition to the defendant Consolidated Amusement Inc.'s motion for summary judgment filed June 2, 2005 by plaintiff Gilbert Githere [93-1] (emt)
                                                                                                                                                          LREF
                                                                                                                                                          Blank 96 Filed: 6/6/2005, Entered: 6/6/2005 Certificate Of Service.
                                                                                                                                                          CERTIFICATE of service by defendant Consolidated Amuse (emt)
                                                                                                                                                            LREF
                                                                                                                                                            Blank 95 Filed: 6/2/2005, Entered: 6/3/2005 Minutes-MiscellaneousCourt Filing
                                                                                                                                                            EP : Plaintiff's Motion to Compel Production of Documents or for Sanctions for Spoilation Against Defendant Consolidated Amusement Corporation - Plaintiff Gilbert Githere present. Plaintiff's Atty Andre S. Wooten, not present. Plaintiff's Motion to Compel Production of Documents or for Sanctions for Spoilation Against Defendant Consolidated Amusement Corporation is Denied without prejudice and terminated. [85-1] Status Conference Re: Trial Date and Deadlines not held, Atty Andre S. Wooten not present. Defendants' Oral Request to Extend Discovery Deadline Granted. Discovery Deadline extended from 6/24/05 to 7/25/05.Cc: all counsel ( Ct Rptr : C7 10:06-10:08) JUDGE Mag Judge Leslie E. Kobayashi (emt)
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                                                                                                                                                              Blank 94 Filed: 6/2/2005, Entered: 6/3/2005 Statement in Opposition to Motion
                                                                                                                                                              CONCISE COUNTER-STATEMENT of facts in opposition to the defendant Consolidated Amusement Inc.'s motion for summary judgment; declaration of plaintiff Gilbert Githere; declaration of counsel; exhibits 1-23 by plaintiff Gilbert Githere [73-1] (emt)
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                                                                                                                                                                Blank 93 Filed: 6/2/2005, Entered: 6/3/2005 Motion for Summary JudgmentCourt Filing
                                                                                                                                                                Plaintiff's memorandum in opposition to the defendant Consolidated Amusement Inc.'s motion for summary judgment and COUNTER-MOTION for summary judgment set for 9:00 6/20/05 before Judge David A. Ezra by plaintiff Gilbert Githere (emt)
                                                                                                                                                                  LREF
                                                                                                                                                                  Blank 93 Filed: 6/2/2005, Entered: 6/3/2005 Memorandum in Opposition to Motion
                                                                                                                                                                  MEMORANDUM in opposition to the defendant Consolidated Amusement Inc.'s motion for summary judgment & counter-motion for summary judgment by plaintiff Gilbert Githere [73-1] (emt)
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                                                                                                                                                                    Blank 92 Filed: 5/31/2005, Entered: 6/1/2005 Description not available
                                                                                                                                                                    DECLARATION of counsel in support of plaintiff's motion to compel production of documents; exhibits 1 to 8; certificate of service by plaintiff Gilbert Githere [85-1] (emt)
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                                                                                                                                                                      Blank 91 Filed: 5/24/2005, Entered: 5/24/2005 Certificate Of Service.
                                                                                                                                                                      CERTIFICATE of service by defendant Aloha Stadium Inc. (emt)
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                                                                                                                                                                        Blank 90 Filed: 5/19/2005, Entered: 5/19/2005 Certificate Of Service.
                                                                                                                                                                        CERTIFICATE of service by defendant Consolidated Amuse (emt)
                                                                                                                                                                          LREF
                                                                                                                                                                          Blank 89 Filed: 5/13/2005, Entered: 5/16/2005 Memorandum in Opposition to Motion
                                                                                                                                                                          MEMORANDUM in opposition to plaintiff's motion to compel production of documents or for sanctions for spoliation against defendant Consolidated Amusement Corporation [85-1]; declaration of Tamara M. Gerrard; exhibit A; certificate of service by defendants Consolidated Amusement Company, Ltd. and John Tellis' (emt)
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                                                                                                                                                                            Blank 88 Filed: 5/5/2005, Entered: 5/6/2005 Certificate Of Service.
                                                                                                                                                                            CERTIFICATE of service by defendant Aloha Stadium Inc. (emt)
                                                                                                                                                                              LREF
                                                                                                                                                                              Blank 87 Filed: 5/4/2005, Entered: 5/5/2005 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                              EO :Status Conference Re: Trial Date and Deadlines (to follow) Hearing on Plaintiff's Motion to Compel Production of Documents or for Sanctions for Spoilation Against Defendant Consolidated Amusement Corporation which is set for 06/02/2005 10:00:00 AM before LEK. cc: all counsel [85-1] 10:00 6/2/05 ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (emt)
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                                                                                                                                                                                Blank 86 Filed: 5/4/2005, Entered: 5/4/2005 Certificate Of Service.
                                                                                                                                                                                CERTIFICATE of service by defendant Aloha Stadium Inc. (emt)
                                                                                                                                                                                  LREF
                                                                                                                                                                                  Blank 85 Filed: 4/27/2005, Entered: 4/28/2005 Motion to CompelCourt Filing
                                                                                                                                                                                  NOTICE OF MOTION and motion by plaintiff Gilbert Githere to compel production of documents or for sanctions for spoliation against defendant Consolidated Amusement Corporation ; memorandum in support of motion; declaration of counsel; exhibit 1-12; certificate of service set for 10:00 6/2/05 before Mag Judge Leslie E. Kobayashi (emt)
                                                                                                                                                                                    LREF
                                                                                                                                                                                    Blank 84 Filed: 4/21/2005, Entered: 4/21/2005 Certificate Of Service.
                                                                                                                                                                                    CERTIFICATE of service by defendant Consolidated Amusement, Company, Ltd. (emt)
                                                                                                                                                                                      LREF
                                                                                                                                                                                      Blank 83 Filed: 4/8/2005, Entered: 4/11/2005 Answer
                                                                                                                                                                                      ANSWER by defendants Consolidated Amusement Company, Ltd. and John Telles' to second amended complaint filed on March 28, 2005 [76-1]; certificate of service (emt)
                                                                                                                                                                                        LREF
                                                                                                                                                                                        Blank 82 Filed: 4/8/2005, Entered: 4/11/2005 Motion to DismissCourt Filing
                                                                                                                                                                                        NOTICE OF MOTION and motion by defendants Aloha Stadium Authority Inc. and Stephen Lee to dismiss second amended complaint filed on March 28, 2005 ; memorandum in support of motion; certificate of service set for 9:00 6/20/05 before Judge David A. Ezra (emt)
                                                                                                                                                                                          LREF
                                                                                                                                                                                          Blank 81 Filed: 3/30/2005, Entered: 3/31/2005 OrderCourt Filing
                                                                                                                                                                                          ORDER DENYING AS MOOT defendant's ex parte motion to extend the deadline for the filing of dispositive motions and the disclosure of experts [80-1,2] by Judge David A. Ezra (cc: all counsel) (afc)
                                                                                                                                                                                            LREF
                                                                                                                                                                                            Blank 80 Filed: 3/30/2005, Entered: 3/31/2005 Miscellaneous DocumentCourt Filing
                                                                                                                                                                                            EX PARTE MOTION by defendant Aloha Stadium Authority Inc. to extend the deadline for the filing of dispositive motions and disclosure of experts ; declaration of John M. Cregor, Jr.; ORDER; certificate of service - referred to Judge David A. Ezra [order not signed, court issued its own order] (afc) Modified on 03/31/2005
                                                                                                                                                                                              LREF
                                                                                                                                                                                              Blank 79 Filed: 3/29/2005, Entered: 3/31/2005 Service - Miscellaneous
                                                                                                                                                                                              RETURN OF SERVICE - service of 2nd amended complaint and summons executed upon attorney Tamara Gerrard - as attorney for defendant CONSOLIDATED AMUSEMENT CORP, and for defendant JOHN TELLIS only; date of service: 03/29/05 (afc)
                                                                                                                                                                                                LREF
                                                                                                                                                                                                Blank 78 Filed: 3/29/2005, Entered: 3/31/2005 Service - Miscellaneous
                                                                                                                                                                                                RETURN OF SERVICE - service of complaint and summons executed upon Dennis K. Fern, Deputy Attorney General, signing for defendant Aloha Stadium Inc. only; date of service: 03/28/05 (afc)
                                                                                                                                                                                                  LREF
                                                                                                                                                                                                  Blank 77 Filed: 3/28/2005, Entered: 3/29/2005 Certificate Of Service.
                                                                                                                                                                                                  CERTIFICATE of service by plaintiff (afc)
                                                                                                                                                                                                    LREF
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                                                                                                                                                                                                    Blank 76 Filed: 3/28/2005, Entered: 3/29/2005 Amended Complaint
                                                                                                                                                                                                    SECOND AMENDED COMPLAINT [42-1] by plaintiff Gilbert Githere; demand for jury trial; summons- adding Stephen Lee adding Stephen . Lee; (ecs)
                                                                                                                                                                                                      LREF
                                                                                                                                                                                                      Blank 75 Filed: 3/23/2005, Entered: 3/24/2005 Initial Disclosure
                                                                                                                                                                                                      FIRST SUPPLEMENTAL INITIAL DISCLOSURES; certificate of service by defendants Consolidated Amusement Company, Ltd., misidentified as Consolidated Amusement Corporation, Inc. (sic), and Jon Telles' misidentified as John Tellis' (sic) (emt)
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                                                                                                                                                                                                        Blank 74 Filed: 3/23/2005, Entered: 3/24/2005 Miscellaneous Document
                                                                                                                                                                                                        SEPARATE CONCISE STATEMENT of facts in support of defendants Consolidated Amusement Company, Ltd., misidentified as Consolidated Amusement Corporation, Inc. (sic) and Jon Telles' misidentified as John Tellis (sic) motion for summary judgment [73-1]; declaration of counsel; exhibits A-D; certificate of service (emt)
                                                                                                                                                                                                          LREF
                                                                                                                                                                                                          Blank 73 Filed: 3/23/2005, Entered: 3/24/2005 Motion for Summary JudgmentCourt Filing
                                                                                                                                                                                                          NOTICE OF MOTION and motion by defendants Consolidated Amusement Company, Ltd., misidentified as Consolidated Amusement Corporation, Inc (sic), and Jon Telles' misidentified as John Tellis' (sic) for summary judgment ; memorandum in support of motion; declaration of counsel; exhibits A-D, certificate of service, set for 9:00 6/20/05 before Judge David A. Ezra (emt)
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                                                                                                                                                                                                            Blank 72 Filed: 3/18/2005, Entered: 3/21/2005 OrderCourt Filing
                                                                                                                                                                                                            ORDER by Judge David A. Ezra granting defendant Aloha Stadium Authority, Inc.'s motion to dismiss first amended complaint without prejudice [51-1], granting plaintiff's motion for leave to amend complaint [35-1] (cc: all counsel) - plaintiff has 10 days from the filing of this order to amend complaint. (emt)
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                                                                                                                                                                                                              Blank 71 Filed: 2/14/2005, Entered: 2/15/2005 Minutes-Miscellaneous
                                                                                                                                                                                                              EP :Defendant Aloha Stadium Authority Inc.'s Motion to Dismiss First Amended Complaint. Arguments heard. Defendant Aloha Stadium Authority Inc.'s Motion to Dismiss First Amended Complaint- TAKEN UNDER ADVISEMENT. Court to issue order. [51-1] ( Ct Rptr : Aha Kupono, ESR 10:30-11:15) JUDGE David A. Ezra (emt)
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                                                                                                                                                                                                                Blank 70 Filed: 2/3/2005, Entered: 2/4/2005 Certificate Of Service.
                                                                                                                                                                                                                CERTIFICATE of service by defendant Consolidated Amuse (gs)
                                                                                                                                                                                                                  LREF
                                                                                                                                                                                                                  Blank 69 Filed: 2/2/2005, Entered: 2/3/2005 Memorandum in Support of Motion
                                                                                                                                                                                                                  Defendant State of Hawaii, Aloha Stadium Authoritiy's Reply MEMORANDUM in support of its motion to dismiss [51-1] (gs)
                                                                                                                                                                                                                    LREF
                                                                                                                                                                                                                    Blank 68 Filed: 2/2/2005, Entered: 2/3/2005 ERRATA
                                                                                                                                                                                                                    ERRATA by plaintiff Gilbert Githere to memorandum in opposition to the defendant State of Hawaii and Aloha Stadium Authority's motion to dismiss first amended complaint and counter motion to amend complaint [66-1] (emt)
                                                                                                                                                                                                                      LREF
                                                                                                                                                                                                                      Blank 67 Filed: 2/1/2005, Entered: 2/1/2005 Certificate Of Service.
                                                                                                                                                                                                                      CERTIFICATE of service by defendant Consolidated Amuse (emt)
                                                                                                                                                                                                                        LREF
                                                                                                                                                                                                                        Blank 66 Filed: 1/28/2005, Entered: 1/31/2005 Memorandum in Opposition to Motion
                                                                                                                                                                                                                        MEMORANDUM by plaintiff Gilbert Githere in opposition to the defendant State of Hawaii and Aloha Stadium Authority's motion to dismiss first amended complaint and counter motion to amend complaint filed on October 8, 2004; [51-1] (gab)
                                                                                                                                                                                                                          LREF
                                                                                                                                                                                                                          Blank 65 Filed: 1/27/2005, Entered: 1/27/2005 Certificate Of Service.
                                                                                                                                                                                                                          CERTIFICATE of service by defendant Consolidated Amusement, defendant John Tellis (sm)
                                                                                                                                                                                                                            LREF
                                                                                                                                                                                                                            Blank 64 Filed: 1/24/2005, Entered: 1/25/2005 Witness List
                                                                                                                                                                                                                            Second Amended WITNESS list; Certificate of Service submitted by plaintiff Gilbert Githere (sm)
                                                                                                                                                                                                                              LREF
                                                                                                                                                                                                                              Blank 63 Filed: 1/21/2005, Entered: 1/25/2005 Witness List
                                                                                                                                                                                                                              Amended WITNESS list; Certificate of Service submitted by plaintiff Gilbert Githere (sm)
                                                                                                                                                                                                                                LREF
                                                                                                                                                                                                                                Blank 62 Filed: 1/21/2005, Entered: 1/23/2005 Certificate Of Service.
                                                                                                                                                                                                                                CERTIFICATE of service by plaintiff Gilbert Githere (sm)
                                                                                                                                                                                                                                  LREF
                                                                                                                                                                                                                                  Blank 61 Filed: 1/18/2005, Entered: 1/20/2005 Certificate Of Service.
                                                                                                                                                                                                                                  CERTIFICATE of service by defendant Consolidated Amusement, defendant John Tellis (sm)
                                                                                                                                                                                                                                    LREF
                                                                                                                                                                                                                                    Blank 60 Filed: 12/20/2004, Entered: 12/21/2004 Certificate Of Service.
                                                                                                                                                                                                                                    CERTIFICATE of service by plaintiff Gilbert Githere (sm)
                                                                                                                                                                                                                                      LREF
                                                                                                                                                                                                                                      Blank 59 Filed: 11/22/2004, Entered: 11/24/2004 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                      EP :Settlement Conference held ; settlement/status conference held 11/22/04 before Mag Judge Leslie E. Kobayashi ; Andre Wooten, Richard Rand, Tamara Gerrard, Cindy Inouye, John Cregor, Jr. present () JUDGE Mag Judge Leslie E. Kobayashi (sm) Modified on 11/24/2004
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                                                                                                                                                                                                                                        Blank 58 Filed: 11/15/2004, Entered: 11/18/2004 Certificate Of Service.
                                                                                                                                                                                                                                        CERTIFICATE of service by plaintiff Gilbert Githere (sm)
                                                                                                                                                                                                                                          LREF
                                                                                                                                                                                                                                          Blank 57 Filed: 11/12/2004, Entered: 11/15/2004 Certificate Of Service.
                                                                                                                                                                                                                                          CERTIFICATE of service by plaintiff (afc)
                                                                                                                                                                                                                                            LREF
                                                                                                                                                                                                                                            Blank 56 Filed: 10/28/2004, Entered: 11/1/2004 Answer
                                                                                                                                                                                                                                            Defendants Consolidated Amusement Company, Ltd. and John Tellis' Answer to First Amended Complaint filed October 8, 2004; Certificate of Service [42-1] (sm)
                                                                                                                                                                                                                                              LREF
                                                                                                                                                                                                                                              Blank 55 Filed: 10/28/2004, Entered: 11/1/2004 Service - Miscellaneous
                                                                                                                                                                                                                                              RETURN OF SERVICE executed upon defendant Aloha Stadium Inc. on 10/27/04 (sm)
                                                                                                                                                                                                                                                LREF
                                                                                                                                                                                                                                                Blank 54 Filed: 10/27/2004, Entered: 10/29/2004 Scheduling OrderCourt Filing
                                                                                                                                                                                                                                                Amended Rule 16 SCHEDULING ORDER Mag Judge Leslie E. Kobayashi (cc: all counsel) (sm)
                                                                                                                                                                                                                                                  LREF
                                                                                                                                                                                                                                                  Blank 53 Filed: 10/27/2004, Entered: 10/29/2004 Witness List
                                                                                                                                                                                                                                                  WITNESS list submitted; certificate of service by plaintiff Gilbert Githere (bbb)
                                                                                                                                                                                                                                                    LREF
                                                                                                                                                                                                                                                    Blank 52 Filed: 10/26/2004, Entered: 10/28/2004 Certificate Of Service.
                                                                                                                                                                                                                                                    CERTIFICATE of service by defendant Aloha Stadium Inc. (sm)
                                                                                                                                                                                                                                                      LREF
                                                                                                                                                                                                                                                      Blank 51 Filed: 10/26/2004, Entered: 10/28/2004, Terminated: 3/18/2005 Motion to DismissCourt Filing
                                                                                                                                                                                                                                                      NOTICE OF MOTION and motion by defendant Aloha Stadium Inc. to dismiss first amended complaint filed on October 8, 2004; memorandum in support of motion; certificate of service; set for 10:30 2/14/05 before Judge David A. Ezra (sm)
                                                                                                                                                                                                                                                        LREF
                                                                                                                                                                                                                                                        Blank 50 Filed: 10/25/2004, Entered: 10/26/2004 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                        EP : Status Conference Re: Trial Date and Deadlines held. New trial date and deadlines given. Amended Rule 16 Scheduling Order to be issued. 1. Jury trial on August 23, 2005 at 9:00 a.m. before DAE 2. Final Pretrial Conference on July 12, 2005 at 9:00 a.m. before LEK 3. Final Pretrial Conference before District Judge N/A 4. Final Pretrial Statement by July 5, 2005 5. File motions to Join/Add Parties/Amend Pleadings by N/A 6. File other Non-Dispositive Motions by May 25, 2005 7. File Dispositive Motions by March 23, 2005 8a. File Motions in Limine by August 2, 2005 8b. File opposition memo to a Motion in Limine by August 9, 2005 11a. Plaintiff's Expert Witness Disclosures by February 22, 2005 11b. Defendant's Expert Witness Disclosures by March 23, 2005 12. Discovery deadline June 24, 2005 13. Settlement Conference as set for November 22, 2004 at 1:30 p.m. before LEK 14. Settlement Conference statements by November 15, 2004 20. Submit Voir Dire Questions, Special Verdict Form, Concise Statement of Case and Jury Instructions by August 9, 2005 21. File Final witness list by August 2, 2005 24. Exchange Exhibit and Demonstrative aids by July 26, 2005 25. Stipulations re: Authenticity/Admissibility of Proposed Exhibits by August 2, 2005 26. File objections to the Exhibits by August 9, 2005 28a. File Deposition Excerpt Designations by August 2, 2005 28b. File Deposition Counter Designations and Objections by August 9, 2005 29. File Trial Brief by August 9, 2005 30. File Findings of Fact & Conclusions of Law by N/A Other Matters: A copy of the Amended Rule 16 Scheduling Order mailed to all parties.Andre S. Wooten Tamara R. Gerrard John M. Cregor, Jr. ; Jury Trial set for 9:00 8/23/05 before Judge David A. Ezra , ; final pretrial conference set for 9:00 7/12/05 ; Discovery ddl set for 6/24/05 ; Motion filing ddl set for 3/23/05 ; settlement/status conference set for 1:30 before Mag Judge Leslie E. Kobayashi ( Ct Rptr : C7, no record) JUDGE Mag Judge Leslie E. Kobayashi (sm)
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                                                                                                                                                                                                                                                          Blank 48 Filed: 10/19/2004, Entered: 10/21/2004 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                          EO :Status Conference Re: Trial Date and Deadlines set for 10/25/2004 09:00:00 AM before LEK. Francine of Tamara Gerrard's office to notify all parties. ; status conference set for 9:00 10/25/04 before Mag Judge Leslie E. Kobayashi () Mag Judge Leslie E. Kobayashi (sm)
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                                                                                                                                                                                                                                                            Blank 47 Filed: 10/19/2004, Entered: 10/21/2004 Service - Miscellaneous
                                                                                                                                                                                                                                                            RETURN OF SERVICE executed upon defendant Consolidated Amusement, defendant John Tellis on 10/18/04 thru attorney Tamara Gerrard (sm)
                                                                                                                                                                                                                                                              LREF
                                                                                                                                                                                                                                                              Blank 49 Filed: 10/15/2004, Entered: 10/25/2004 Service - Miscellaneous
                                                                                                                                                                                                                                                              RETURN OF SERVICE executed on "State of Hawaii only" on 10/15/04 thru Mark Nomura, deputy attorney general (sm)
                                                                                                                                                                                                                                                                LREF
                                                                                                                                                                                                                                                                Blank 46 Filed: 10/14/2004, Entered: 10/18/2004 Summons Issued
                                                                                                                                                                                                                                                                SUMMONS issued (sm)
                                                                                                                                                                                                                                                                  LREF
                                                                                                                                                                                                                                                                  Blank 45 Filed: 10/14/2004, Entered: 10/15/2004 Certificate Of Service.
                                                                                                                                                                                                                                                                  CERTIFICATE of service by defendant Consolidated Amuse (sm)
                                                                                                                                                                                                                                                                    LREF
                                                                                                                                                                                                                                                                    Blank 44 Filed: 10/13/2004, Entered: 10/14/2004 Certificate Of Service.
                                                                                                                                                                                                                                                                    CERTIFICATE of service by plaintiff Gilbert Githere (sm)
                                                                                                                                                                                                                                                                      LREF
                                                                                                                                                                                                                                                                      Blank 43 Filed: 10/13/2004, Entered: 10/14/2004 Certificate Of Service.
                                                                                                                                                                                                                                                                      Amended CERTIFICATE of service by plaintiff Gilbert Githere (sm)
                                                                                                                                                                                                                                                                        LREF
                                                                                                                                                                                                                                                                        Blank 42 Filed: 10/8/2004, Entered: 10/12/2004 Amended Complaint
                                                                                                                                                                                                                                                                        AMENDED COMPLAINT [1-1] by plaintiff Gilbert Githere; adding Lenny (Doe); jury demand; summons (gab)
                                                                                                                                                                                                                                                                          LREF
                                                                                                                                                                                                                                                                          Blank 41 Filed: 10/5/2004, Entered: 10/7/2004 Certificate Of Service.
                                                                                                                                                                                                                                                                          CERTIFICATE of service by plaintiff Gilbert Githere (sm)
                                                                                                                                                                                                                                                                            LREF
                                                                                                                                                                                                                                                                            Blank 40 Filed: 9/30/2004, Entered: 10/4/2004 Certificate Of Service.
                                                                                                                                                                                                                                                                            CERTIFICATE of service by defendant Consolidated Amuse (sm)
                                                                                                                                                                                                                                                                              LREF
                                                                                                                                                                                                                                                                              Blank 39 Filed: 9/15/2004, Entered: 9/16/2004 Certificate Of Service.
                                                                                                                                                                                                                                                                              CERTIFICATE of service by defendant Consolidated Amuse (sm)
                                                                                                                                                                                                                                                                                LREF
                                                                                                                                                                                                                                                                                Blank 38 Filed: 9/10/2004, Entered: 9/13/2004 OrderCourt Filing
                                                                                                                                                                                                                                                                                ORDER Granting Defendants' Motion to Dismiss without Prejudice and Granting Plaintiff's Motion for Leave to Amend Complaint - (Plaintiff has thirty days from the date of the filing of this order to file his First Amended Complaint) by Judge David A. Ezra (cc: all counsel) (sm)
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                                                                                                                                                                                                                                                                                  Blank 37 Filed: 9/9/2004, Entered: 9/10/2004 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                                                  EO :Plaintiff Gilbert Githere's Motion to Amend Complaint set for 10/01/2004 09:30:00 AM before LEK- HEARING DATE VACATED. All counsel notified. vacating [35-1] motion to amend complaint () JUDGE Judge David A. Ezra (sm)
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                                                                                                                                                                                                                                                                                    Blank 36 Filed: 9/9/2004, Entered: 9/10/2004 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                                                    EP: Defendants Consolidated Amusement Company, Ltd., Misidentified as Consolidated Amusement Corporation, Inc. (SIC), and John Tellis' Motion to Dismiss. Defendants Consolidated Amusement Company, Ltd., Misidentified as Consolidated Amusement Corporation, Inc. (SIC), and John Tellis' Motion to Dismiss-GRANTED without prejudice with leave to file an amended complaint within 30 days. Plaintiff Gilbert Githere's Motion to Amend Complaint set for 10/1/2004 @930amLEk is vacated. All counsel notified in court. Court to issue order. Andre Wooten, Tamara Gerrard, John Cregor, Jr. Present.: vacating [35-1] motion to amend complaint, granting motion to dismiss [6-1] ( Ct Rptr : Cynthia Fazio) JUDGE Judge David A. Ezra (sm)
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                                                                                                                                                                                                                                                                                      Blank 35 Filed: 8/30/2004, Entered: 8/31/2004, Terminated: 9/9/2004 Motion to Amend/CorrectCourt Filing
                                                                                                                                                                                                                                                                                      NOTICE OF MOTION and motion by plaintiff Gilbert Githere to amend complaint declaration of counsel; exhibit A; certificate of service; set for 9:30 10/1/04 before Mag Judge Leslie E. Kobayashi (gab)
                                                                                                                                                                                                                                                                                        LREF
                                                                                                                                                                                                                                                                                        Blank 34 Filed: 8/27/2004, Entered: 8/31/2004 Reply
                                                                                                                                                                                                                                                                                        REPLY Memorandum by defendant Consolidated Amuse, defendant John Tellis to Defendants Consolidated Amusement Company, Ltd., misidentified as Consolidated Amusement Corporation, Inc. (SIC), and John Tellis' motion to dismiss [6-1]; certificate of service (gab)
                                                                                                                                                                                                                                                                                          LREF
                                                                                                                                                                                                                                                                                          Blank 33 Filed: 8/27/2004, Entered: 8/30/2004 Witness List
                                                                                                                                                                                                                                                                                          WITNESS list; certificate of service - submitted by plaintiff Gilbert Githere (eps)
                                                                                                                                                                                                                                                                                            LREF
                                                                                                                                                                                                                                                                                            Blank 32 Filed: 8/25/2004, Entered: 8/29/2004 Reply
                                                                                                                                                                                                                                                                                            STATEMENT OF NO OPPOSITION by defendant Aloha Stadium Authority Inc. to defendants Consolidated Amusement Company, Ltd., misidentified as Consolidated Amusement Corp Inc. and John Tellis' MOTION TO DISMISS [6-1]; certificate of service (afc)
                                                                                                                                                                                                                                                                                              LREF
                                                                                                                                                                                                                                                                                              Blank 31 Filed: 8/24/2004, Entered: 8/26/2004 OrderCourt Filing
                                                                                                                                                                                                                                                                                              ORDER by Judge David A. Ezra denying plaintiff's motion for temporary restraining order and preliminary injunction; [29-1] (cc: all counsel) (sm)
                                                                                                                                                                                                                                                                                                LREF
                                                                                                                                                                                                                                                                                                Blank 29 Filed: 8/19/2004, Entered: 8/20/2004, Terminated: 8/24/2004 Motion for TROCourt Filing
                                                                                                                                                                                                                                                                                                NOTICE OF MOTION and motion by plaintiff Gilbert Githere for temporary restraining order and preliminary injunction; declaration of Gilbert Githere; memorandum of points and authorities in support of motion - referred to Judge David A. Ezra (sm)
                                                                                                                                                                                                                                                                                                  LREF
                                                                                                                                                                                                                                                                                                  Blank 27 Filed: 8/19/2004, Entered: 8/20/2004 Certificate Of Service.
                                                                                                                                                                                                                                                                                                  CERTIFICATE of service by defendant Consolidated Amuse (sm)
                                                                                                                                                                                                                                                                                                    LREF
                                                                                                                                                                                                                                                                                                    Blank 30 Filed: 8/18/2004, Entered: 8/24/2004 Certificate Of Service.
                                                                                                                                                                                                                                                                                                    CERTIFICATE of service by defendant Consolidated Amuse (sm)
                                                                                                                                                                                                                                                                                                      LREF
                                                                                                                                                                                                                                                                                                      Blank 28 Filed: 8/18/2004, Entered: 8/20/2004 Memorandum in Opposition to Motion
                                                                                                                                                                                                                                                                                                      MEMORANDUM by plaintiff Gilbert Githere in opposition to the defendant Consolidated Amusement Inc.'s motion to dismiss; declaration of plaintiff Gilbert Githere; exhibits 1-4 [6-1] (sm)
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                                                                                                                                                                                                                                                                                                        Blank 26 Filed: 8/16/2004, Entered: 8/18/2004 Memorandum in Opposition to Motion
                                                                                                                                                                                                                                                                                                        MEMORANDUM in Opposition to the Defendant Consolidated Amusement Inc.'s Motion to Dismiss; Declaration of Plaintiff Gilbert Githere; Exhibits 1-4 by plaintiff Gilbert Githere [6-1] (sm)
                                                                                                                                                                                                                                                                                                          LREF
                                                                                                                                                                                                                                                                                                          Blank 25 Filed: 8/13/2004, Entered: 8/16/2004 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                                                                          EO: Defendants Consolidated Amusement Company, Ltd., Misidentified as Consolidated Amusement Corporation, Inc. (SIC), and John Tellis' Motion to Dismiss has been continued from 09/07/2004 09:00:00 AM to 09/09/2004 09:00:00 AM before DAE All current deadlines to remain. cc: All counsel :setting hearing on motion to dismiss [6-1] 9:00 9/7/04 () JUDGE Judge David A. Ezra (sm)
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                                                                                                                                                                                                                                                                                                            Blank 24 Filed: 7/30/2004, Entered: 8/3/2004 Initial Disclosure
                                                                                                                                                                                                                                                                                                            INITIAL DISCLOSURES; Certificate of Service by defendant Consolidated Amusement and , defendant John Tellis (sm)
                                                                                                                                                                                                                                                                                                              LREF
                                                                                                                                                                                                                                                                                                              Blank 23 Filed: 7/30/2004, Entered: 8/2/2004 Certificate Of Service.
                                                                                                                                                                                                                                                                                                              CERTIFICATE of service by plaintiff Gilbert Githere (sm)
                                                                                                                                                                                                                                                                                                                LREF
                                                                                                                                                                                                                                                                                                                Blank 22 Filed: 7/26/2004, Entered: 7/27/2004 Certificate Of Service.
                                                                                                                                                                                                                                                                                                                Amended CERTIFICATE of service by plaintiff Gilbert Githere (sm)
                                                                                                                                                                                                                                                                                                                  LREF
                                                                                                                                                                                                                                                                                                                  Blank 21 Filed: 7/21/2004, Entered: 7/22/2004 Certificate Of Service.
                                                                                                                                                                                                                                                                                                                  CERTIFICATE of service by plaintiff Gilbert Githere (sm)
                                                                                                                                                                                                                                                                                                                    LREF
                                                                                                                                                                                                                                                                                                                    Blank 20 Filed: 7/15/2004, Entered: 7/16/2004 Certificate Of Service.
                                                                                                                                                                                                                                                                                                                    CERTIFICATE of service by plaintiff Gilbert Githere (gs)
                                                                                                                                                                                                                                                                                                                      LREF
                                                                                                                                                                                                                                                                                                                      Blank 19 Filed: 6/28/2004, Entered: 6/29/2004 Stipulation and OrderCourt Filing
                                                                                                                                                                                                                                                                                                                      STIPULATION for Continuance of Hearing on Motion to Dismiss by Judge David A. Ezra : setting hearing on motion to dismiss [6-1] 10:30 9/7/04 before Judge David Ezra (sm)
                                                                                                                                                                                                                                                                                                                        LREF
                                                                                                                                                                                                                                                                                                                        Blank 18 Filed: 6/22/2004, Entered: 6/22/2004 Service - Miscellaneous
                                                                                                                                                                                                                                                                                                                        RETURN OF SERVICE executed upon defendant "Aloha Stadium Authority, Inc. upon Edwin Hoyshi, Manager" on 6/21/04 (sm)
                                                                                                                                                                                                                                                                                                                          LREF
                                                                                                                                                                                                                                                                                                                          Blank 17 Filed: 6/14/2004, Entered: 6/14/2004 Answer
                                                                                                                                                                                                                                                                                                                          ANSWER to Complaint filed February 17, 2004; Certificate of Service by defendant Aloha Stadium Inc. to [1-1] (sm)
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                                                                                                                                                                                                                                                                                                                            Blank 16 Filed: 6/1/2004, Entered: 6/3/2004 Certificate Of Service.
                                                                                                                                                                                                                                                                                                                            CERTIFICATE of service by plaintiff Gilbert Githere (sm)
                                                                                                                                                                                                                                                                                                                              LREF
                                                                                                                                                                                                                                                                                                                              Blank 15 Filed: 5/26/2004, Entered: 5/26/2004 Report of Planning Meeting
                                                                                                                                                                                                                                                                                                                              REPORT OF PARTIES PLANNING MEETING by defendant Consolidated Amusement Company, Ltd., defendant John Tellis; Certificate of Service (sm)
                                                                                                                                                                                                                                                                                                                                LREF
                                                                                                                                                                                                                                                                                                                                Blank 14 Filed: 5/21/2004, Entered: 5/24/2004 Service - Miscellaneous
                                                                                                                                                                                                                                                                                                                                RETURN OF SERVICE executed upon State Attorney General thru Mark M. Nomura on 5/21/04 (sm)
                                                                                                                                                                                                                                                                                                                                  LREF
                                                                                                                                                                                                                                                                                                                                  Blank 13 Filed: 5/18/2004, Entered: 5/19/2004 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                                                                                                  EO Defendants Consolidated Amusement Company, Ltd., Misidentified as Consolidated Amusement Corporation, Inc. (SIC), and John Tellis' Motion to Dismiss has been continued from 06/07/2004 10:30:00 AM to 09/07/2004 09:00:00 AM before DAE Per Mr. Wooten's request. Stip to be prepared by Mr. Wooten :setting hearing on motion to dismiss [6-1] 9:00 9/7/04 () JUDGE Judge David A. Ezra (sm)
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                                                                                                                                                                                                                                                                                                                                    Blank 12 Filed: 5/18/2004, Entered: 5/18/2004 Scheduling OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                    Rule 15 SCHEDULING ORDER Mag Judge Leslie E. Kobayashi (sm)
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                                                                                                                                                                                                                                                                                                                                      Blank 11 Filed: 5/17/2004, Entered: 5/17/2004 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                                                                                                      EP : Rule 16 Scheduling Conference held. John M. Cregor, Jr. made a special appearance. 1. Jury trial on April 12, 2005 at 9:00 a.m. before DAE 2. Final Pretrial Conference on March 1, 2005 at 9:00 a.m. before LEK 3. Final Pretrial Conference before District Judge N/A 4. Final Pretrial Statement by February 22, 2005 5. File motions to Join/Add Parties/Amend Pleadings by September 10, 2004 6. File other Non-Dispositive Motions by January 12, 2005 7. File Dispositive Motions by November 10, 2004 8a. File Motions in Limine by March 22, 2005 8b. File opposition memo to a Motion in Limine by March 29, 2005 11a. Plaintiff's Expert Witness Disclosures by October 12, 2004 11b. Defendant's Expert Witness Disclosures by November 10, 2004 12. Discovery deadline February 11, 2005 13. Settlement Conference set for November 22, 2004 at 1:30 p.m. before LEK 14. Settlement Conference statements by November 15, 2004 20. Submit Voir Dire Questions, Special Verdict Form, Concise Statement of Case and Jury Instructions by March 29, 2005 21. File Final witness list by March 22, 2005 24. Exchange Exhibit and Demonstrative aids by March 15, 2005 25. Stipulations re: Authenticity/Admissibility of Proposed Exhibits by March 22, 2005 26. File objections to the Exhibits by March 29, 2005 28a. File Deposition Excerpt Designations by March 22, 2005 28b. File Deposition Counter Designations and Objections by March 29, 2005 29. File Trial Brief by March 29, 2005 30. File Findings of Fact & Conclusions of Law by N/A Other Matters: A copy of the Rule 16 Scheduling Order mailed to all parties. Parties to meet and confer. Report of Parties Planning Meeting to be filed by 5/25/04. ; Andre Wooten, Tamara Gerrard, John Cregor, Jr. present. ( Ct Rptr : C7, no record) JUDGE Mag Judge Leslie E. Kobayashi (sm)
                                                                                                                                                                                                                                                                                                                                        LREF
                                                                                                                                                                                                                                                                                                                                        Blank 10 Filed: 5/13/2004, Entered: 5/14/2004 Scheduling Conference Statement
                                                                                                                                                                                                                                                                                                                                        SCHEDULING CONFERENCE STATEMENT by plaintiff Gilbert Githere; Certificate of Service e (sm)
                                                                                                                                                                                                                                                                                                                                          LREF
                                                                                                                                                                                                                                                                                                                                          Blank 9 Filed: 5/10/2004, Entered: 5/11/2004 Scheduling Conference Statement
                                                                                                                                                                                                                                                                                                                                          SCHEDULING CONFERENCE STATEMENT by defendant Consolidated Amuse, defendant Aloha Stadium Inc., defendant John Tellis; Certificate of Service (sm)
                                                                                                                                                                                                                                                                                                                                            LREF
                                                                                                                                                                                                                                                                                                                                            Blank 8 Filed: 3/24/2004, Entered: 3/25/2004 Certificate Of Service.
                                                                                                                                                                                                                                                                                                                                            CERTIFICATE of service by plaintiff Gilbert Githere (sm)
                                                                                                                                                                                                                                                                                                                                              LREF
                                                                                                                                                                                                                                                                                                                                              Blank 7 Filed: 3/15/2004, Entered: 3/15/2004 Certificate Of Service.
                                                                                                                                                                                                                                                                                                                                              Amended CERTIFICATE of service by defendant Consolidated Amusement and John Tellis (sm)
                                                                                                                                                                                                                                                                                                                                                LREF
                                                                                                                                                                                                                                                                                                                                                Blank 6 Filed: 3/11/2004, Entered: 3/12/2004 Motion to DismissCourt Filing
                                                                                                                                                                                                                                                                                                                                                NOTICE OF MOTION and motion by defendant Consolidated Amuse, defendant John Tellis to dismiss set for 10:30 6/7/04 before Judge David A. Ezra; Memorandum in Support of Motion; Certificate of Service (sm)
                                                                                                                                                                                                                                                                                                                                                  LREF
                                                                                                                                                                                                                                                                                                                                                  Blank 5 Filed: 3/8/2004, Entered: 3/9/2004 Service - Miscellaneous
                                                                                                                                                                                                                                                                                                                                                  RETURN OF SERVICE executed upon defendant Consolidated Amuse thru Glen Yim, agent for service on 3/4/04 (sm)
                                                                                                                                                                                                                                                                                                                                                    LREF
                                                                                                                                                                                                                                                                                                                                                    Blank 4 Filed: 2/23/2004, Entered: 2/24/2004 Service - Miscellaneous
                                                                                                                                                                                                                                                                                                                                                    RETURN OF SERVICE executed upon defendant John Tellis on 2/21/04 (sm)
                                                                                                                                                                                                                                                                                                                                                      LREF
                                                                                                                                                                                                                                                                                                                                                      Blank 3 Filed: 2/23/2004, Entered: 2/24/2004 Service - Miscellaneous
                                                                                                                                                                                                                                                                                                                                                      RETURN OF SERVICE executed upon defendant Aloha Stadium Inc. thru John Tellis, General Manager on 2/21/04 (sm)
                                                                                                                                                                                                                                                                                                                                                        LREF
                                                                                                                                                                                                                                                                                                                                                        Blank 2 Filed: 2/17/2004, Entered: 2/17/2004 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                        ORDER by Judge David A. Ezra rule 16 conference set for 9:00 5/17/04 before Mag Judge Leslie E. Kobayashi (afc)
                                                                                                                                                                                                                                                                                                                                                          LREF
                                                                                                                                                                                                                                                                                                                                                          Blank 1 Filed: 2/17/2004, Entered: 2/17/2004 Complaint
                                                                                                                                                                                                                                                                                                                                                          COMPLAINT; demand for jury trial; summons (Summons issued) (afc)
                                                                                                                                                                                                                                                                                                                                                            LREF
                                                                                                                                                                                                                                                                                                                                                            Blank -- Filed: 2/17/2004, Entered: 2/17/2004 Filing Fee Received
                                                                                                                                                                                                                                                                                                                                                            FILING FEE PAID in the amount of $ 150.00, receipt # 221153 (afc)
                                                                                                                                                                                                                                                                                                                                                              LREF

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