Tsubota v. England, et al
Federal Civil Lawsuit Hawaii District Court, Case No. 1:04-cv-00379-HG-BMK
District Judge HELEN GILLMOR, presiding

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No Logo Lillian J. Tsubota, Plaintiff

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
Space Venetia K. Carpenter-Asui +5236 523 523 6446 vkcarpenter1@yahoo.com
v.
No Logo DOE CORPORATIONS 1-10, Defendant
No Logo Doe Partnerships 1-10, Defendant
No Logo Gordon R. England, Defendant

Toggle Switch Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Thomas A. Helper +5412 541 541 2850 Tom.Helper@usdoj.gov
No Logo Jane Does 1-10, Defendant
No Logo JOHN DOES 1-10, Defendant
Office Hawaii
Filed 6/24/2004
Jury Demand Plaintiff
Demand $0
Nature of Suit 442 - Civil Rights: Employment
Cause Section 29 U.S.C. § 791 Job Discrimination (Rehabilitation Act)
Jurisdiction U.S. Government Defendant
Disposition Judgment - Motion Before Trial
County Honolulu
Terminated 7/18/2005
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag TERMED
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Blank 29 Filed: 7/18/2005, Entered: 7/18/2005 Judgment*
JUDGMENT IN A CIVIL CASE - Parties having stipulated to the Dismissal of Count II of Plaintiff's Complaint in a hearing held before the Court on May 31, 2005, IT IS NOW ORDERED AND ADJUDGED that Defendant's Motion for Summary Judgment is GRANTED as to all of Plaintiff's Causes of Action, pursuant to the "ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT" filed on July 14, 2005, whereby: Defendant's Motion for Summary Judgment as to Count I, Disability Discrimination is Granted; Defendant's Motion for Summary Judgment as to Count III, Retaliation, is Granted; Plaintiff is Barred from recovering damages for physical injury she suffered as a result of Defendant's alleged failure to reasonably accommodate her, and as no claims remain for trial, the case is DISMISSED. terminating case (cc: all counsel) (afc)
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    Blank 28 Filed: 7/14/2005, Entered: 7/14/2005 OrderCourt Filing
    ORDER granting defendant's motion for summary judgment [21-1] by Judge Helen Gillmor [As to Count I, disability discrimination, deft's M/SJ is granted; As to Count III, retaliation, deft's M/SJ is granted; plaintiff is barred from recovering damages for physical injury she suffered as a result of deft's alleged failure to reasonably accomodate her; no claims remain for trial; case is dismissed] (cc: all counsel) (afc)
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      Blank 27 Filed: 5/31/2005, Entered: 6/2/2005 Minutes-MiscellaneousCourt Filing
      EP: DEFENDANT SECRETARY OF THE NAVY'S MOTION FOR SUMMARY JUDGMENT - Arguments made. The parties stipulated to the dismissal of Count 2 of the Complaint. DEFENDANT SECRETARY OF THE NAVY'S MOTION FOR SUMMARY JUDGMENT is GRANTED. A written order will issue. cc: above counsel (Venetia K. Carpenter-Asui; Thomas A. Helper); Judge Gillmor's chambers [21-1] (Ct Rptr: ESR-AG) JUDGE Judge Helen Gillmor (afc)
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        Blank 26 Filed: 5/25/2005, Entered: 5/28/2005 Minutes-MiscellaneousCourt Filing
        EO: Settlement Conference set for 06/14/2005 02:00:00 PM before BMK vacated. At the agreement of the parties, the settlement conference will be reset after the ruling on the Motion to Dismiss now set for hearing on 5-31-05. () JUDGE Mag Judge Barry M. Kurren (afc)
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          Blank 25 Filed: 5/19/2005, Entered: 5/19/2005 Reply to Response to Motion
          REPLY MEMORANDUM by defendant in support of deft's motion for summary judgment [21-1]; certificate of service (afc)
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            Blank 24 Filed: 5/13/2005, Entered: 5/16/2005 Statement in Opposition to Motion
            CONCISE STATEMENT OF FACTS by plaintiff [in support of plaintiff's memorandum in opposition to M/SJ [23-1]]; declaration of plaintiff; exhibits A-M; certificate of service [21-1] (afc)
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              Blank 23 Filed: 5/13/2005, Entered: 5/16/2005 Memorandum in Opposition to Motion
              MEMORANDUM by plaintiff in opposition to defendant's motion for summary judgment [21-1]; certificate of service (afc)
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                Blank 22 Filed: 4/11/2005, Entered: 4/12/2005 Miscellaneous Document
                CONCISE STATEMENT of material facts by defendant in support of defendant's motion for summary judgment [21-1]; declaration of Thomas A. Helper; exhibits A-E; certificate of service (afc)
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                  Blank 21 Filed: 4/11/2005, Entered: 4/12/2005, Terminated: 7/14/2005 Motion for Summary JudgmentCourt Filing
                  NOTICE OF MOTION and motion by defendant Secretary of the Navy for summary judgment ; certificate of service - set for 10:30 5/31/05 before Judge Helen Gillmor (afc)
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                    Blank 20 Filed: 4/8/2005, Entered: 4/8/2005 Certificate Of Service.
                    CERTIFICATE of service by defendant Gordon R. England (eps)
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                      Blank 19 Filed: 4/6/2005, Entered: 4/8/2005 Certificate Of Service.
                      CERTIFICATE of service by defendant (afc)
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                        Blank 18 Filed: 4/4/2005, Entered: 4/5/2005 Certificate Of Service.
                        CERTIFICATE of service by defendant (afc)
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                          Blank 17 Filed: 3/14/2005, Entered: 3/15/2005 Description not available
                          Plaintiff's Expert Witness DISCLOSURES; Certificate of Service (gs)
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                            Blank 16 Filed: 2/28/2005, Entered: 3/1/2005 Certificate Of Service.
                            CERTIFICATE of service by defendant (afc)
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                              Blank 15 Filed: 2/22/2005, Entered: 2/22/2005 Certificate Of Service.
                              CERTIFICATE of service by plaintiff (afc)
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                                Blank 14 Filed: 2/18/2005, Entered: 2/22/2005 Certificate Of Service.
                                CERTIFICATE of service by plaintiff (afc)
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                                  Blank 13 Filed: 2/18/2005, Entered: 2/22/2005 Certificate Of Service.
                                  CERTIFICATE of service by plaintiff (afc)
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                                    Blank 12 Filed: 12/20/2004, Entered: 12/21/2004 Certificate Of Service.
                                    CERTIFICATE of service by defendant Gordon R. England (gs)
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                                      Blank 11 Filed: 10/6/2004, Entered: 10/7/2004 Initial Disclosure
                                      INITIAL DISCLOSURES; certificate of service - by plaintiff (afc)
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                                        Blank 10 Filed: 10/6/2004, Entered: 10/7/2004 Scheduling OrderCourt Filing
                                        RULE 16 SCHEDULING ORDER Mag Judge Barry M. Kurren (cc: all counsel) (afc)
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                                          Blank 9 Filed: 9/29/2004, Entered: 10/4/2004 Minutes-MiscellaneousCourt Filing
                                          EP: Rule 16 Scheduling Conference- 1. Jury trial on September 13, 2005 at 9:00 a.m. before HG 2. Final Pretrial Conference on August 2, 2005 at 9:00 a.m. before BMK 3. Final Pretrial Conference before District Judge Helen Gillmor on September 2, 2005 at 8:30a.m. 4. Final Pretrial Statement by July 26, 2005 5. File motions to Join/Add Parties/Amend Pleadings by February 11, 2005 6. File other Non-Dispositive Motions by June 15, 2005 7. File Dispositive Motions by April 13, 2005 8a. File Motions in Limine by August 23, 2005 8b. File opposition memo to a Motion in Limine by August 30, 2005 11a. Plaintiff's Expert Witness Disclosures by March 14, 2005 11b. Defendant's Expert Witness Disclosures by April 13, 2005 12. Discovery deadline July 15, 2005 13. Settlement Conference set for June 14, 2005 at 2:00 p.m. before BMK 14. Settlement Conference statements by June 7, 2005 20. Submit Voir Dire Questions, Special Verdict Form, Concise Statement of Case and Jury Instructions by August 30, 2005 21. File Final witness list by August 23, 2005 24. Exchange Exhibit and Demonstrative aids by August 16, 2005 25. Stipulations re: Authenticity/Admissibility of Proposed Exhibits by August 23, 2005 26. File objections to the Exhibits by August 30, 2005 28a. File Deposition Excerpt Designations by August 23, 2005 28b. File Deposition Counter Designations and Objections by August 30, 2005 29. File Trial Brief by August 30, 2005 30. File Findings of Fact & Conclusions of Law by N/A [rule 16 scheduling conference held on 10:00 9/29/04 before Mag Judge Barry M. Kurren ; Jury Trial set for 9:00 9/13/05 before Judge Helen Gillmor ; final pretrial conference set for 9:00 8/2/05 before Mag Judge Barry M. Kurren ; Final Pretrial conference set for 8:30 9/2/05 before Judge Helen Gillmor ; Discovery ddl set for 7/15/05 Motion filing ddl set for 4/13/05; settlement conference set for 2:00 6/14/05 before Mag Judge Barry M. Kurren] (Ct Rptr: None) JUDGE Mag Judge Barry M. Kurren (afc)
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                                            Blank 8 Filed: 9/22/2004, Entered: 9/23/2004 Scheduling Conference Statement
                                            SCHEDULING CONFERENCE STATEMENT of deft Secretary of the Navy; certificate of service - by defendant (afc)
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                                              Blank 7 Filed: 9/15/2004, Entered: 9/20/2004 Answer
                                              ANSWER by defendant Secretary of the Navy to complaint; certificate of service [1-1] (afc)
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                                                Blank 6 Filed: 9/14/2004, Entered: 9/15/2004 Scheduling Conference Statement
                                                SCHEDULING CONFERENCE STATEMENT; certificate of service - by plaintiff (afc)
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                                                  Blank 5 Filed: 9/14/2004, Entered: 9/15/2004 Report of Planning Meeting
                                                  PARTIES PLANNING MEETING REPORT; certificate of service - by plaintiff (afc)
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                                                    Blank 4 Filed: 9/2/2004, Entered: 9/7/2004 Minutes-MiscellaneousCourt Filing
                                                    EO : Continued : [Rule 16 Scheduling Conference] from 09/20/2004 09:00:00 AM to 09/29/2004 10:00:00 AM before BMK. Venetia K. Carpenter-Asui to notify parties. ( Ct Rptr : ) JUDGE Mag Judge Barry M. Kurren (eps)
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                                                      Blank 3 Filed: 7/2/2004, Entered: 7/7/2004 Service - Miscellaneous
                                                      RETURN OF SERVICE executed upon defendant Gordon R. England on 6/29/04 thru Stephen Lehto, US Atty (eps)
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                                                        Blank -- Filed: 6/25/2004, Entered: 6/25/2004 Filing Fee Received
                                                        FILING FEE PAID in the amount of $ 150.00, receipt # 223567 (afc)
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                                                          Blank 2 Filed: 6/24/2004, Entered: 6/25/2004 OrderCourt Filing
                                                          ORDER by Judge David A. Ezra rule 16 conference set for 9:00 9/20/04 before Mag Judge Barry M. Kurren (afc)
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                                                            Blank 1 Filed: 6/24/2004, Entered: 6/25/2004 Complaint
                                                            COMPLAINT; demand for jury trial; summons (Summons issued) (afc)
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