Ware v. Chertoff
Federal Civil Lawsuit Hawaii District Court, Case No. 1:04-cv-00671-HG-LEK
District Judge HELEN GILLMOR, presiding

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Last Updated March 30, 2017 at 7:39 AM DT (4.2 years ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

No Logo Raymond Ware, Plaintiff

Toggle Switch Represented by Law Offices of Paul J. Sulla , Jr.

Name Phone Fax E-Mail
Space Daphne E. Barbee +5330 533 533 0275 desekmet@aloha.net
v.
No Logo Michael Chertoff, 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
Office Hawaii
Filed 11/12/2004
Jury Demand Plaintiff
Demand $0
Nature of Suit 442 - Civil Rights: Employment
Cause Section 42 U.S.C. § 2000 Job Discrimination (Race)
Jurisdiction U.S. Government Defendant
Disposition Judgment - Jury Verdict
County Honolulu
Terminated 7/9/2008
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flags CLOSED, CU/ADV, PROTO
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Legal Document 261 Filed: 8/12/2008, Entered: 8/12/2008 Order Adopting Findingsand Recommendations
ORDER ADOPTING [253] REPORT OF SPECIAL MASTER. Signed by Chief JUDGE HELEN GILLMOR on August 12, 2008. (bbb, )
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    Legal Document 260 Filed: 8/12/2008, Entered: 8/12/2008 Order Adopting Findingsand Recommendations
    ORDER ADOPTING [249] REPORT OF SPECIAL MASTER. Signed by Chief JUDGE HELEN GILLMOR on August 12, 2008. (bbb, )
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      Blank -- Filed: 8/12/2008, Entered: 8/12/2008 Court's Certificate of Service
      COURT'S CERTIFICATE of Service - a copy of [261] "ORDER ADOPTING REPORT OF SPECIAL MASTER" [260] "ORDER ADOPTING REPORT OF SPECIAL MASTER" has been served upon ALL RESPECTIVE COUNSEL OF RECORD whom are Registered Participants of CM/ECF and received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF) on 08/12/2008. (bbb, )
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        Legal Document 259 Filed: 7/15/2008, Entered: 7/16/2008 Clerks Judgment
        AMENDED FINAL JUDGMENT in a Civil Case. Signed by B. Aurio, Deputy Clerk on July 15, 2008. (bbb, )
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          Legal Document 258 Filed: 7/15/2008, Entered: 7/15/2008 Statement of No Opposition
          STATEMENT of No Opposition re [257] MOTION to Amend/Correct [256] Judgment DEFENDANT'S STATEMENT OF NO OPPOSITION TO PLAINTIFF'S MOTION TO AMEND FINAL JUDGMENT; CERTIFICATE OF SERVICE filed by Michael Chertoff. (Helper, Thomas)
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            Blank -- Filed: 7/15/2008, Entered: 7/16/2008 Court's Certificate of Service
            COURT'S CERTIFICATE of Service - a copy of [259] "AMENDED FINAL JUDGMENT in a Civil Case" has been served upon ALL RESPECTIVE COUNSEL OF RECORD whoma re Registered Participants of CM/ECF and received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF) on 07/16/2008. (bbb, )
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              Legal Document 257 Filed: 7/14/2008, Entered: 7/14/2008, Terminated: 7/15/2008 Motion to Amend/Correct
              Plaintiff Raymond Ware's MOTION TO AMEND [256] Final Judgment filed July 9, 2008;# (1) Declaration of Counsel, # (2) Exhibit 1, # (3) Exhibit 2, # (4) Certificate of Service. (cc: HG) (bbb, )
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                Legal Document 256 Filed: 7/9/2008, Entered: 7/9/2008 Judgment*
                FINAL JUDGMENT in a Civil Case in favor of Raymond Ware against Michael Chertoff. Signed by B. Aurio, Deputy Clerk on July 9, 2008. (bbb, )
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                  Blank -- Filed: 7/9/2008, Entered: 7/9/2008 Court's Certificate of Service
                  COURT'S CERTIFICATE of Service - a copy of [256] FINAL JUDGMENT in a Civil Case has been served upon ALL RESPECTIVE COUNSEL OF RECORD whom are Registered Participants of CM/ECF and received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF) on 07/09/2008. (bbb, )
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                    Legal Document 255 Filed: 7/8/2008, Entered: 7/8/2008 Terminate Motions
                    EO: The Court adopts [251] DEFENDANT'S REVISED CALCULATIONS OF BACK PAY AND ANNUAL LEAVE AND SICK LEAVE, with the addition of the agreement of the parties that the 419.5 hours annual leave can be immediately used for the annual leave once Plaintiff returns to work at a projected date of July 19, 2008. [254] PLAINTIFF'S OBJECTION TO DEFENDANT'S CALCULATION OF BACK PAY, is DENIED. The clerk is ordered to enter final judgment. (CHIEF JUDGE HELEN GILLMOR)(mrf)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
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                      Legal Document 254 Filed: 7/3/2008, Entered: 7/7/2008 Objection
                      Plaintiff Raymond Ware's OBJECTION to Defendant's [251] Calculation of Back Pay, filed June 30, 2008; Certificate of Service. (cc: HG, LEK) (bbb, )
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                        Legal Document 253 Filed: 7/3/2008, Entered: 7/3/2008, Terminated: 8/12/2008 Findingsand Recommendations - Special Master
                        REPORT OF SPECIAL MASTER ON PLAINTIFF'S SUPPLEMENTAL MEMORANDUM TO INCLUDE ADDITIONAL ATTORNEY'S FEES AND COSTS [248] - Signed by JUDGE LESLIE E KOBAYASHI on 7/3/08. [This Court, acting as Special Master, FINDS and RECOMMENDS that Plaintiff's Supplemental Memorandum to Include Additional Attorney's Fees and Costs, filed on June 26, 2008, be GRANTED IN PART AND DENIED IN PART. The Court recommends that the district judge award Plaintiff $3,664.50 in attorneys' fees and $53.80 in costs, for a total award of $3,718.30.] Objections to F&R due by 7/28/2008(emt, )
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                          Legal Document 252 Filed: 7/3/2008, Entered: 7/3/2008 Memorandum
                          MEMORANDUM re [248] Supplement Defendant's Memorandum Regarding Plaintiff's Supplemental Memorandum to Include Additional Attorney's Fees and Costs; Certificate of Service filed by Michael Chertoff. (Helper, Thomas)
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                            Blank -- Filed: 7/3/2008, Entered: 7/3/2008 Court's Certificate of Service
                            COURT'S CERTIFICATE of Service - a copy of [253] "REPORT OF SPECIAL MASTER ON PLAINTIFF'S SUPPLEMENTAL MEMORANDUM TO INCLUDE ADDITIONAL ATTORNEY'S FEES AND COSTS" has been served on July 3, 2008. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (emt, )
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                              Legal Document 251 Filed: 6/30/2008, Entered: 6/30/2008 Amended Document
                              AMENDED DOCUMENT by Michael Chertoff. Amendment to [246] Terminate Motion Deadlines/Hearings (inc F&R), Motion Hearing, Terminate Motion Deadlines/Hearings (inc F&R), Defendant's Revised Calculations Of Back Pay And Annual And Sick Leave; Certificate of Service. (Attachments: # (1) Exhibit "4")(Helper, Thomas)
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                                Legal Document 250 Filed: 6/27/2008, Entered: 6/27/2008 Link
                                EO: COURT'S ORDER re [248] Supplemental Memorandum. (JUDGE LESLIE E KOBAYASHI)(wnn, )
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                                  Legal Document 249 Filed: 6/27/2008, Entered: 6/27/2008, Terminated: 8/12/2008 Findingsand Recommendations - Special Master
                                  REPORT OF SPECIAL MASTER ON [226] PLAINTIFF'S MOTION FOR ATTORNEY'S FEES AND RELATED NON-TAXABLE COSTS. ~ Court recommends that the district judge award Plaintiff $96,434.98 in attorneys' fees and $1,646.86 in costs, for a total award of $98,081.84 ~ Signed by JUDGE LESLIE E KOBAYASHI on 6/27/08. (afc)
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                                    Blank -- Filed: 6/27/2008, Entered: 6/27/2008 Court's Certificate of Service
                                    COURT'S CERTIFICATE of Service - a copy of [249] the REPORT OF SPECIAL MASTER ON PLAINTIFF'S MOTION FOR ATTORNEY'S FEES AND RELATED NON-TAXABLE COSTS, has been served upon all counsel of record who, as Registered Participants of CM/ECF, received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). A copy of the Special Master's Report and proposed order has been served upon Chambers of Chief Judge Helen Gillmor via the orders e-mail box address: gillmor_orders@hid.uscourts.gov. (afc)
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                                      Blank -- Filed: 6/27/2008, Entered: 6/27/2008 Court's Certificate of Service
                                      COURT'S CERTIFICATE of Service - a copy of [250] Link has been served to Registered Participants of CM/ECF who received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF) on 6/27/2008. (wnn, )
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                                        Legal Document 248 Filed: 6/26/2008, Entered: 6/27/2008 Supplement
                                        Plaintiff's SUPPLEMENTAL MEMORANDUM to include additional Attorney's Fees and Costs re [226] MOTION for Attorney Fees. (Attachments: # (1) Declaration of Counsel, # (2) Exhibit A, # (3) Exhibit B, # (4) Certificate of Service) (afc)
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                                          Legal Document 246 Filed: 6/20/2008, Entered: 6/24/2008 Terminate Motion Deadlines/Hearings (inc F&R)
                                          EP: Motion Hearing held on 6/20/2008. [220] PLAINTIFF'S MOTION FOR DETERMINATION OF BACK PAY, REINSTATEMENT OR FRONT PAY is GRANTED IN PART and DENIED IN PART. [221] PLAINTIFF'S MOTION FOR ADDITUR OF COMPREHENSIVE DAMAGES is DENIED. [222] PLAINTIFFS MOTION TO AMEND JUDGMENT TO INCLUDE BACK PAY, REINSTATEMENT OR FUTURE PAY is GRANTED IN PART and DENIED IN PART. (Court Reporter Gloria Bediamol) (CHIEF JUDGE HELEN GILLMOR)(mrf)
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                                            Blank 245 Filed: 6/10/2008, Entered: 6/10/2008 Set Motion Deadlines/Hearings (inc F&R)
                                            EO: Due to Plaintiff counsel's unavailability, the Hearing for [220] Plaintiff's Motion for Determination of Back Pay, Reinstatement or Front Pay, [221] Plaintiff's Motion for Additur of Comprehensive Damages, and [222] Plaintiff's Motion to Amend Judgment Filed March 27, 2008 to Include Back Pay, Reinstatement or Future Pay is CONTINUED from 6/16/2008 to 6/20/2008 at 02:00 PM in Aha Nonoi before CHIEF JUDGE HELEN GILLMOR. (mrf)
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                                              Blank -- Filed: 6/10/2008, Entered: 6/10/2008 Court's Certificate of Service
                                              COURT'S CERTIFICATE of Service - a copy of [245] Reset Motion, has been served upon all counsel of record who, as Registered Participants of CM/ECF, received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (mrf)
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                                                Blank 244 Filed: 6/6/2008, Entered: 6/6/2008 Notice of Hearing on Motion
                                                NOTICE of Hearing on Motion. Hearing on [220] Plaintiff's Motion for Determination of Back Pay, Reinstatement or Front Pay, [221] Plaintiff's Motion for Additur of Comprehensive Damages, and [222] Plaintiff's Motion's to Amend Judgment Filed March 27, 2008 to Include Back Pay, Reinstatement or Future Pay is set for 6/16/2008 at 02:00 PM in Aha Nonoi before CHIEF JUDGE HELEN GILLMOR. (mrf)
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                                                  Legal Document 243 Filed: 6/5/2008, Entered: 6/5/2008 Response
                                                  RESPONSE re [222] MOTION to Alter Judgment Submission of Calculation of Back Pay and Interest and Certificate of Service filed by Michael Chertoff. (Attachments: # (1) Declaration of Jonathan Peiken, # (2) Exhibit "2", # (3) Declaration of Ann Yuuki, # (4) Exhibit "3")(Helper, Thomas)
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                                                    Legal Document 242 Filed: 6/3/2008, Entered: 6/4/2008 Reply
                                                    Plaintiff Raymond Ware's REPLY to [240] Defendant's Memorandum in Partial Opposition to Plaintiff's [222] Motion to Amend Judgment, filed March 27, 2008, to Include Back Pay and Reinstatement or Future Pay;# (1) Declaration of Counsel, # (2) Exhibit 1, # (3) Exhibit 2, # (4) Exhibit 3, # (5) Exhibit 4, # (6) Exhibit 5, # (7) Exhibit 6, # (8) Certificate of Service. (cc: HG) (bbb, )
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                                                      Legal Document 241 Filed: 5/28/2008, Entered: 5/29/2008 ~Notice (other)
                                                      NOTICE OF UNAVAILABILITY OF COUNSEL Daphne E. Barbee; Certificate of Service by Raymond Ware (cc: HG, LEK) (bbb, )
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                                                        Legal Document 240 Filed: 5/28/2008, Entered: 5/28/2008 Memorandum in Opposition to Motion
                                                        MEMORANDUM in Opposition re [222] MOTION to Alter Judgment and Certificate of Service filed by Michael Chertoff. (Attachments: # (1) Declaration of Jonathan Peiken, # (2) Exhibit "1")(Helper, Thomas)
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                                                          Legal Document 239 Filed: 5/28/2008, Entered: 5/28/2008 Memorandum in Opposition to Motion
                                                          MEMORANDUM in Opposition re [221] MOTION for Additur of Comprehensive Damages and Certificate of Service filed by Michael Chertoff. (Helper, Thomas)
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                                                            Legal Document 238 Filed: 5/16/2008, Entered: 5/19/2008 Settlement Conference
                                                            EP: Further Settlement Conference held on 5/16/2008. (Court Reporter In Chambers) (JUDGE LESLIE E KOBAYASHI)(wnn, )
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                                                              Legal Document 237 Filed: 5/9/2008, Entered: 5/9/2008 Link
                                                              EO: The deadline for the Government to file responses to Plaintiff Raymond Ware's [222] MOTION TO AMEND JUDGMENT FILED MARCH 27, 2008 TO INCLUDE BACK PAY AND REINSTATEMENT OR FUTURE PAY, [220] MOTION FOR DETERMINATION OF BACK PAY, REINSTATEMENT AND FRONT PAY, and [221] MOTION FOR ADDITUR OF COMPREHENSIVE DAMAGES is extended from May 16, 2008 to May 28, 2008. (CHIEF JUDGE HELEN GILLMOR)(mrf)
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                                                                Blank -- Filed: 5/9/2008, Entered: 5/9/2008 Court's Certificate of Service
                                                                COURT'S CERTIFICATE of Service - a copy of [237] Minute Order, has been served upon all counsel of record who, as Registered Participants of CM/ECF, received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (mrf)
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                                                                  Legal Document 236 Filed: 5/8/2008, Entered: 5/8/2008 Settlement Conference
                                                                  EP: Further Settlement Conference held on 5/8/2008. Further Settlement Conference set for 5/16/2008 at 02:30 PM before JUDGE LESLIE E KOBAYASHI. (Court Reporter In Chambers-No Record) (JUDGE LESLIE E KOBAYASHI)(wnn, )
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                                                                    Legal Document 235 Filed: 4/28/2008, Entered: 4/28/2008 Reply to Response to Motion
                                                                    Plaintiff Raymond Ware's REPLY MEMORANDUM to Defendant's [231] Memorandum in Opposition to Plaintiff's [226] Motion for Attorney Fees and Costs;# (1) Exhibit 4, # (2) Certificate of Service. (cc: LEK) (bbb, )
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                                                                      Legal Document 234 Filed: 4/22/2008, Entered: 4/22/2008 Costs Taxed
                                                                      COSTS TAXED in amount of $ $1,651.06 against Michael Chertoff (bbb, )
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                                                                        Legal Document 232 Filed: 4/21/2008, Entered: 4/21/2008 Link
                                                                        EO: The deadline for the Government to file responses to [222] Plaintiff Raymond Ware's MOTION TO AMEND JUDGMENT FILED MARCH 27, 2008 TO INCLUDE BACK PAY AND REINSTATEMENT OR FUTURE PAY, [220] MOTION FOR DETERMINATION OF BACK PAY, REINSTATEMENT AND FRONT PAY, and [221] MOTION FOR ADDITUR OF COMPREHENSIVE DAMAGES is extended from April 18, 2008 to May 16, 2008. (CHIEF JUDGE HELEN GILLMOR)(mrf)
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                                                                          Blank -- Filed: 4/21/2008, Entered: 4/21/2008 Court's Certificate of Service
                                                                          COURT'S CERTIFICATE of Service - a copy of [232] MINUTE ORDER, has been served upon all counsel of record who, as Registered Participants of CM/ECF, received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (mrf)
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                                                                            Legal Document 231 Filed: 4/18/2008, Entered: 4/18/2008 Memorandum in Opposition to Motion
                                                                            MEMORANDUM in Opposition re [226] MOTION for Attorney Fees and Certificate of Service filed by Michael Chertoff. (Helper, Thomas)
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                                                                              Legal Document 230 Filed: 4/15/2008, Entered: 4/15/2008 Settlement Conference
                                                                              EP:Further Settlement Conference Re: Post Trial Issues held on 4/15/2008. Plaintiff Raymond Ware is present. Court and Counsel discussed Back pay Issue-Defendant is to document their calculations and provide these by Friday, 4/18/2008. Court and Counsel discussed Attorney Fees-Defendant to file a memorandum in opposition. Court and Counsel discussed Reinstatement-Documents to Plaintiffs Counsel by 4/18/2008 and then 6 to 10 Weeks for security clearances after documents returned.Further Settlement Conference Re: Attorney Fees, Back Pay and Reinstatement Issues set for 5/8/2008 @9:00 a.m. before JUDGE LESLIE E KOBAYASHI. (Court Reporter None.) (JUDGE LESLIE E KOBAYASHI)(lls, )
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                                                                                Legal Document 229 Filed: 4/8/2008, Entered: 4/8/2008 Link
                                                                                EO: COURT'S ORDER Regarding Briefing Deadlines for [226] Plaintiff's MOTION for Attorney Fees. Motions Taken Under Advisement: [226] MOTION for Attorney Fees. Settlement Conference Re: Attorneys' Fees set for 5/8/2008 at 09:00 AM before JUDGE LESLIE E KOBAYASHI. (JUDGE LESLIE E KOBAYASHI)(wnn, )
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                                                                                  Blank 228 Filed: 4/8/2008, Entered: 4/8/2008 Set Deadlines/Hearings:
                                                                                  EO: Further Settlement Conference Re: Post Trial Issues set for 4/15/2008 at 09:30 AM before JUDGE LESLIE E KOBAYASHI. (JUDGE LESLIE E KOBAYASHI)(wnn, )
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                                                                                    Blank -- Filed: 4/8/2008, Entered: 4/8/2008 Court's Certificate of Service
                                                                                    COURT'S CERTIFICATE of Service - a copy of [229] Link, Motions Taken Under Advisement,, Set Deadlines/Hearings has been served to Registered Participants of CM/ECF who received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF) on 4/8/2008. (wnn, )
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                                                                                      Blank -- Filed: 4/8/2008, Entered: 4/8/2008 Court's Certificate of Service
                                                                                      COURT'S CERTIFICATE of Service - a copy of [228] Set Deadlines/Hearings has been served to Registered Participants of CM/ECF who received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF) on 4/8/2008. (wnn, )
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                                                                                        Legal Document 227 Filed: 4/7/2008, Entered: 4/8/2008 Bill of Costs
                                                                                        Plaintiff Raymond Ware's BILL OF COSTS;# (1) Declaration of Counsel. (bbb, )
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                                                                                          Legal Document 226 Filed: 4/7/2008, Entered: 4/8/2008 Motion for Attorney Fees
                                                                                          Plaintiff Raymond Ware's MOTION FOR ATTORNEY'S FEES AND RELATED NON-TAXABLE COSTS;# (1) Declaration of Counsel, # (2) Exhibit 1, # (3) Exhibit 2, # (4) Exhibit 3, # (5) Declaration of Michael F. Nauyokas, # (6) Exhibit A, # (7) Exhibit B, # (8) Declaration of Ronald Albu, # (9) Exhibit A, # (10) Exhibit B, # (11) Memorandum in Support of Motion, # (12) Certificate of Service. (cc: LEK) (bbb, )
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                                                                                            Legal Document 225 Filed: 4/4/2008, Entered: 4/4/2008 Motions Taken Under Advisement
                                                                                            EO:MOTION TO AMEND JUDGMENT FILED MARCH 27, 2008 TO INCLUDE BACK PAY AND REINSTATEMENT OF FUTURE PAY (Doc. 222), MOTION FOR DETERMINATION OF BACK PAY, REINSTATEMENT AND FRONT PAY (Doc. 220) and MOTION FOR ADDITUR OF COMPREHENSIVE DAMAGES (Doc. 221)-The Court will decide the above-referenced motions without a hearing. Defendant has until on or before April 18, 2008 to file a response to Plaintiffs motions. The Judgment entered on March 27, 2008 (Doc. 219) reflects the jurys verdict but is not a final judgment from which an appeal may be taken as the issues of back pay, reinstatement/front pay remain before the Court. (JUDGE HELEN GILLMOR)(lls, )
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                                                                                              Legal Document 224 Filed: 4/3/2008, Entered: 4/4/2008 Settlement Conference
                                                                                              EP: Further Settlement Conference Re: Post Trial Issues held on 4/3/2008. (Court Reporter In Chambers-No Record) (JUDGE LESLIE E KOBAYASHI)(wnn, )
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                                                                                                Blank 223 Filed: 4/2/2008, Entered: 4/2/2008 Set Deadlines/Hearings:
                                                                                                EO: Further Settlement Conference Re: Post Trial Issues set for 4/3/2008 at 02:30 PM before JUDGE LESLIE E KOBAYASHI. (JUDGE LESLIE E KOBAYASHI)(wnn, )
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                                                                                                  Blank -- Filed: 4/2/2008, Entered: 4/2/2008 Court's Certificate of Service
                                                                                                  COURT'S CERTIFICATE of Service - a copy of [223] Set Deadlines/Hearings has been served to Registered Participants of CM/ECF who received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF) on 4/2/2008. (wnn, )
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                                                                                                    Legal Document 222 Filed: 3/31/2008, Entered: 4/1/2008 ~Motion to Alter Judgment
                                                                                                    MOTION to Amend Judgment Filed March 27, 2008 to Include Back Pay and Reinstatement or Future Pay by Daphne E. Barbee appearing for Plaintiff Raymond Ware (Attachments: # (1) Declaration of Counsel, # (2) Exhibit 1a, # (3) Exhibit 1, # (4) Exhibit 2, # (5) Exhibit 3, # (6) Exhibit 4, # (7) Exhibit 5, # (8) Exhibit 2a, # (9) Certificate of Service)(gab, )
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                                                                                                      Legal Document 221 Filed: 3/27/2008, Entered: 3/31/2008 Motion for Miscellaneous Relief
                                                                                                      MOTION for Additur of Comprehensive Damages by Daphne E. Barbee appearing for Plaintiff Raymond Ware (Attachments: # (1) Declaration of Counsel, # (2) Exhibit No. 1, # (3) Certificate of Service)(gab, )
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                                                                                                        Legal Document 219 Filed: 3/27/2008, Entered: 3/27/2008 Clerks Judgment
                                                                                                        CLERK'S JUDGMENT (gab, )
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                                                                                                          Blank -- Filed: 3/27/2008, Entered: 3/27/2008 Court's Certificate of Service
                                                                                                          COURT'S CERTIFICATE of Service - a copy of [219] Clerk's Judgment has been served to the Registered Participants of CM/ECF electronically at the e-mail address listed on the Notice of Electronic Filing (NEF) on 3/27/2008. (gab, )
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                                                                                                            Legal Document 220 Filed: 3/25/2008, Entered: 3/27/2008 Motion for Miscellaneous Relief
                                                                                                            MOTION for Determination of Back Pay, Reinstatement or Front Pay Daphne E. Barbee appearing for Plaintiff Raymond Ware (Attachments: # (1) Declaration of Raymond Ware, # (2) Exhibit 1, # (3) Exhibit 2, # (4) Exhibit 3, # (5) Exhibit 4, # (6) Declaration of Counsel, # (7) Exhibit 5, # (8) Certificate of Service)(gab, )
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                                                                                                              Legal Document 218 Filed: 3/20/2008, Entered: 3/21/2008 Exhibit
                                                                                                              Exhibit List. (gab, )
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                                                                                                                Legal Document 217 Filed: 3/20/2008, Entered: 3/21/2008 Exhibit
                                                                                                                Defendant's Exhibit List. (gab, )
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                                                                                                                  Legal Document 216 Filed: 3/20/2008, Entered: 3/21/2008 Jury Verdict
                                                                                                                  VERDICT Form..(gab, )
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                                                                                                                    Legal Document 215 Filed: 3/20/2008, Entered: 3/20/2008 Jury Trial Completed
                                                                                                                    EP: COURT ACTION: 7th Day Jury Trial:Jury returned at 9:00 a.m. to resume further deliberation.10:30 a.m. - Jury returned with verdict with the Honorable J. Michael Seabright presiding.Plaintiff present with counsel Daphne Barbee.Verdict read as follows:1. Has the plaintiff proved by a preponderance of the evidence that the plaintiffs race and/or prior Equal Employment Opportunity (EEO) complaint was a motivating factor in the defendants decision to promote three other individuals to screening manager instead of plaintiff in August 2003? YES2. Has the defendant proved, by a preponderance of the evidence, that the defendant would have made the same decision not to promote plaintiff even if the plaintiffs race and/or prior EEO complaint had played no role in the defendants decision not to promote plaintiff? NO3. What sum of money, if any, do you unanimously agree will fairly and reasonably compensate plaintiff for the injuries he proved he suffered as a result of the race and/or retaliation discrimination you found? $0Jury polled. Verdict unanimous. (Court Reporter Cynthia Fazio.) (JUDGE HELEN GILLMOR)(edm, )
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                                                                                                                      Blank 214 Filed: 3/20/2008, Entered: 3/20/2008 Link
                                                                                                                      EO: Regarding the Admitted Original Trial Exhibits-at the conclusion of the verdict being returned. The Trial Exhibits were stored in the Exhibit Room located on the Second Floor Room No. C-223 of the U.S. Courthouse Bldg. (JUDGE HELEN GILLMOR)(lls, )
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                                                                                                                        Legal Document (Payment Possibly Required) 213 Filed: 3/19/2008, Entered: 3/20/2008 Jury NotesCourt Filing
                                                                                                                        COURT'S RESPONSE by Judge J. Michael Seabright for Chief Judge Helen Gillmor to Jury Note #4.(bbb, )
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                                                                                                                          Legal Document (Payment Possibly Required) 212 Filed: 3/19/2008, Entered: 3/20/2008 Jury Notes
                                                                                                                          JURY NOTE #4.(bbb, )
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                                                                                                                            Legal Document 211 Filed: 3/19/2008, Entered: 3/20/2008 Set Hearings
                                                                                                                            EP: Jury Trial 6th Day: Jury returned on 3/19/2008 at 9:00 AM to resume further deliberation. 10:35 - 10:44 - Hearing held without the presence of the jury regarding Note From The Jury #1. The Honorable Helen Gillmor, Daphane Barbee and Plaintiff, Mr. Raymond Ware and Mr. Helper by conference call. Courts response to the jury signed by the Honorable J. Michael Seabright, for the Honorable Helen Gillmor and sent to the jury. Note From The Jury #1 and Courts response faxed to Ms. Barbee and Mr. Helper.Further jury deliberation continued to Thursday, March 20, 2008 at 9:00 a.m. (Court Reporter Ann Matsumoto.) (JUDGE HELEN GILLMOR)(edm, )
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                                                                                                                              Legal Document 233 Filed: 3/18/2008, Entered: 4/22/2008 Jury Trial Held
                                                                                                                              EP: 8 jurors present and deliberating on March 18, 2008. Further jury deliberation on March 19, 2008 at 9:00 a.m. (CHIEF JUDGE HELEN GILLMOR)(mrf)
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                                                                                                                                Legal Document 210 Filed: 3/18/2008, Entered: 3/19/2008 Jury Instructions Court Filing
                                                                                                                                COURT'S JURY INSTRUCTIONS. Signed by Chief Judge Helen Gillmor. (bbb, )
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                                                                                                                                  Legal Document (Payment Possibly Required) 209 Filed: 3/18/2008, Entered: 3/19/2008 Jury NotesCourt Filing
                                                                                                                                  COURT'S RESPONSE by Judge J. Michael Seabright for Chief Judge Helen Gillmor to [208] Jury Notes #3.(bbb, )
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                                                                                                                                    Legal Document (Payment Possibly Required) 208 Filed: 3/18/2008, Entered: 3/19/2008 Jury Notes
                                                                                                                                    JURY NOTE #3.(bbb, )
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                                                                                                                                      Legal Document (Payment Possibly Required) 207 Filed: 3/17/2008, Entered: 3/19/2008 Jury NotesCourt Filing
                                                                                                                                      COURT'S RESPONSE by Chief Judge Helen Gillmor to [205] Jury Notes #2.(bbb, )
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                                                                                                                                        Legal Document (Payment Possibly Required) 206 Filed: 3/17/2008, Entered: 3/19/2008 Jury NotesCourt Filing
                                                                                                                                        COURT'S RESPONSE by Chief Judge Helen Gilmor to [204] Jury Notes #1(bbb, )
                                                                                                                                          Request RequestSpace LREF
                                                                                                                                          Legal Document (Payment Possibly Required) 205 Filed: 3/17/2008, Entered: 3/18/2008 Jury Notes
                                                                                                                                          JURY NOTE #2.(bbb, )
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                                                                                                                                            Legal Document (Payment Possibly Required) 204 Filed: 3/17/2008, Entered: 3/18/2008 Jury Notes
                                                                                                                                            JURY NOTE #1.(bbb, )
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                                                                                                                                              Legal Document 203 Filed: 3/17/2008, Entered: 3/17/2008 Jury Trial Held
                                                                                                                                              EP: Jury Trial held on 3/17/2008. Plaintiff's Oral Rule 50 Motion - Judgment as a Matter of Law is DENIED. Plaintiff's Closing Argument. Defendant's Closing Argument. Plaintiff's Rebuttal Closing Argument. Jury retires to the jury deliberation room. JURY NOTE #1 and JURY NOTE #2 addressed. Further jury deliberation on March 18, 2008 at 9:00 a.m. (Court Reporter Debra Chun) (CHIEF JUDGE HELEN GILLMOR)(mrf)
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                                                                                                                                                Legal Document 202 Filed: 3/17/2008, Entered: 3/17/2008 Stipulation and Order
                                                                                                                                                STIPULATED VERDICT FORM; ORDER. Signed by Chief JUDGE HELEN GILLMOR, "Modifications agreed to by parties". (bbb, )
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                                                                                                                                                  Legal Document 201 Filed: 3/17/2008, Entered: 3/17/2008 Stipulation and Order
                                                                                                                                                  STIPULATION AND ORDER. Signed by Chief JUDGE HELEN GILLMOR. (bbb, )
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                                                                                                                                                    Legal Document 200 Filed: 3/14/2008, Entered: 3/17/2008 Jury Trial Held
                                                                                                                                                    EP: Jury Trial held on 3/14/2008. Resume direct examination of Raymond Edward Ware, Sr. Plaintiff rests. CST Lizette Haneberg, Jose M. Abrante, Johnelle Chon, Robin Wong. Governments Oral Rule 50 Motion - Judgment as a Matter of Law is DENIED. Direct examination of Kenneth Kamahele, Sidney Hayakawa. Defendant rests. Direct examination of Raymond Edward Ware, Sr. Further trial set for 09:00 AM on March 17, 2008 before CHIEF JUDGE HELENGILLMOR (Court Reporter Debra Chun) (CHIEF JUDGE HELEN GILLMOR)(mrf)
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                                                                                                                                                      Legal Document 199 Filed: 3/13/2008, Entered: 3/13/2008 Set Deadlines/Hearings:
                                                                                                                                                      EP: 2nd Day Jury Trial - CST: Ching Ware, Haneef Bilal Abdul-Shafiq, Raymond Edward Ware, Sr., Allen Willey by video conference. Exhibits admitted: 41, 206, 200, 204, 16. Parties to stipulate that the plaintiff filed an EEOC Complaint. Mr. Helper to prepare the stipulation. Further Jury Trial continued to 3/14/2008 @ 9 a.m., HG. (Court Reporter Debra Chun) (JUDGE HELEN GILLMOR)(rwy)
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                                                                                                                                                        Legal Document 198 Filed: 3/13/2008, Entered: 3/13/2008 Bench Trial - Begun
                                                                                                                                                        EP:Hearing on Administrative Record held on 3/13/2008. Plaintiffs-D. C. and G. K. as Guardians Ad Litem of S. K are present. Oral Argument held as to the Plaintiff and the Defendant. Court will take this Matter under Advisement and will not issue a written order for at least 7 Days to allow time for the Parties to resolve this matter.(Court Reporter Gloria Bediamol.) (JUDGE ALAN C KAY)(lls, )
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                                                                                                                                                          Legal Document 197 Filed: 3/13/2008, Entered: 3/13/2008 Proposed Jury Instructions
                                                                                                                                                          Second Stipulated Joint Jury Instructions and Certificate of Service Proposed Jury Instructions. filed by Michael Chertoff.(Helper, Thomas)
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                                                                                                                                                            Legal Document 196 Filed: 3/12/2008, Entered: 3/13/2008 Proposed Jury Instructions
                                                                                                                                                            Defendant's PROPOSED SUPPLEMENTAL INSTRUCTIONS; Certificate of Service - filed by Michael Chertoff.(emt, )
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                                                                                                                                                              Legal Document 195 Filed: 3/12/2008, Entered: 3/13/2008 Jury Instructions
                                                                                                                                                              Stipulated JOINT JURY INSTRUCTIONS - submitted by Michael Chertoff.(emt, )
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                                                                                                                                                                Legal Document 194 Filed: 3/12/2008, Entered: 3/13/2008 Proposed Jury Instructions
                                                                                                                                                                Plaintiff's Second PROPOSED JURY INSTRUCTIONS FORMS; Certificate of Service - filed by Raymond Ware.(emt, )
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                                                                                                                                                                  Legal Document 193 Filed: 3/12/2008, Entered: 3/13/2008 Terminate Motions
                                                                                                                                                                  EP:Jury Trial (1st Day) held on 3/12/2008. Eight Jurors Present. Plaintiff Present and Defendant Representative-Robin Wong-TSA Employee and Supervisor also present. 9:08a.m.-9:15a.m.-[192] Defendants Motion to Bifurcate Trial DENIED and terminated. This trial will also take place on Monday, 3/17/2008. Opening Statements on behalf of the Plaintiff and the Defendant. Plaintiffs Witnesses-Ken Kamahele-CST, Eli Waters-CST, Terry Sudoval-CST, Sidney Hayakawa-CST, Cynthia Albert-CST, Roger Ioyagi-CST and Robin Wong-CST. Trial Exhibits 15, 21, 27, 33, 36, 46 and 208-Admitted. Further Jury Trial (2nd Day) continued to 09:00 AM on 3/13/2008 before JUDGE HELEN GILLMOR. (Court Reporter Debra Chun.) (JUDGE HELEN GILLMOR)(lls, )
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                                                                                                                                                                    Legal Document 192 Filed: 3/11/2008, Entered: 3/11/2008, Terminated: 3/12/2008 Motion to Bifurcate
                                                                                                                                                                    MOTION to Bifurcate Trial and Certificate of Service Thomas A. Helper appearing for Defendant Michael Chertoff (Attachments: # (1) Memorandum in Support)(Helper, Thomas)
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                                                                                                                                                                      Legal Document 191 Filed: 3/11/2008, Entered: 3/11/2008 Jury Selection
                                                                                                                                                                      EP: Jury Selection - 43 jurors sworn. 12:07 p.m. 8 jurors sworn. Previously submitted Jury Instructions are stricken. Parties to meet and confer. Joint Jury Instructions due by noon on 3/12/2008. 1st Day Jury Trial is set for 3/12/2008 @ 9 a.m., HG. (Court Reporter Debra Chun) (JUDGE HELEN GILLMOR)(rwy)
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                                                                                                                                                                        Legal Document 189 Filed: 3/11/2008, Entered: 3/11/2008 LetterCourt Filing
                                                                                                                                                                        FAXED LETTER from Daphne E. Barbee addressed to Chief Judge Helen Gillmor dated 03/10/2008 re: Trial. (bbb, )
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                                                                                                                                                                          Legal Document 190 Filed: 3/10/2008, Entered: 3/11/2008 Return of Service on Subpoena
                                                                                                                                                                          RETURN OF SERVICE ON SUBPOENA: Sidney Hayakawa was served on 03/07/2008 (bbb, )
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                                                                                                                                                                            Legal Document 188 Filed: 3/10/2008, Entered: 3/10/2008 LinkCourt Filing
                                                                                                                                                                            EP: Status Conference held. Jury Selection will proceed as scheduled on 3/11/2008 @ 9 a.m. before Chief Judge Helen Gillmor. (Court Reporter Debra Chun) (JUDGE HELEN GILLMOR)(rwy)
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                                                                                                                                                                              Legal Document 187 Filed: 3/10/2008, Entered: 3/10/2008 Exhibit
                                                                                                                                                                              Exhibit List and Certificate of Service. filed by Michael Chertoff.(Helper, Thomas)
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                                                                                                                                                                                Legal Document 186 Filed: 3/10/2008, Entered: 3/10/2008 LetterCourt Filing
                                                                                                                                                                                LETTER from Daphne E. Barbee addressed to Chief Judge Helen Gillmor date 02/27/2008 re: recent US Supreme Court decision (Attachments: # (1) Appendix 1) (bbb, )
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                                                                                                                                                                                  Legal Document 185 Filed: 3/10/2008, Entered: 3/10/2008 Order on Motion in Limine
                                                                                                                                                                                  ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S [136] MOTION INLIMINE REGARDING PERSONNEL DECISIONS OTHER THAN PLAINTIFF'S TERMINATION (SIC. - FAILURE TO PROMOTE) AND DENYING DEFENDANT'S [137] MOTION IN LIMINE TO EXCLUDE WITNESSES NOT DISCLOSED BY PLAINTIFF PRIOR TO DISCOVERY DEADLINE AND DENYING PLAINTIFF'S [138] MOTION IN LIMINE NO. 1 - TO PROHIBIT DEFENDANT FROM PRESENTING HEARSAY EVIDENCE OF COMPLAINTS ABOUT PLAINTIFF'S WORK PERFORMANCE. Signed by Chief JUDGE HELEN GILLMOR on March 10, 2008. (bbb, )
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                                                                                                                                                                                    Legal Document 184 Filed: 3/10/2008, Entered: 3/10/2008 Return of Service on Subpoena
                                                                                                                                                                                    RETURN OF SERVICE ON SUBPOENA: Allen Wiley was served on 02/22/2008 (bbb, )
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                                                                                                                                                                                      Blank -- Filed: 3/10/2008, Entered: 3/10/2008 Court's Certificate of Service
                                                                                                                                                                                      COURT'S CERTIFICATE of Service - a copy of [185] "ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION IN LIMINE REGARDING PERSONNEL DECISIONS OTHER THAN PLAINTIFF'S TERMINATION (SIC. - FAILURE TO PROMOTE) AND DENYING DEFENDANT'S MOTION IN LIMINE TO EXCLUDE WITNESSES NOT DISCLOSED BY PLAINTIFF PRIOR TO DISCOVERY DEADLINE AND DENYING PLAINTIFF'S MOTION IN LIMINE NO. 1 - TO PROHIBIT DEFENDANT FROM PRESENTING HEARSAY EVIDENCE OF COMPLAINTS ABOUTPLAINTIFF'S WORK PERFORMANCE" has been served upon ALL RESPECTIVE COUNSEL OF RECORD whom are Registered Participants of CM/ECF and received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF) on 03/10/2008. (bbb, )
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                                                                                                                                                                                        Legal Document 183 Filed: 3/6/2008, Entered: 3/7/2008 Ex Parte Motion and order
                                                                                                                                                                                        Plaintiff's EX PARTE MOTION TO SHORTEN TIME FOR HEARING on Plaintiff's r [178] Motion to Have Witness Testify by Video or To Continue Trial;# (1) Declaration of Counsel, # (2) ORDER, # (3) Certificate of Service. ( Motion Hearing set for 3/5/2008 02:50 PM before Chief JUDGE HELEN GILLMOR.) Signed by Chief JUDGE HELEN GILLMOR on March 5, 2008. (bbb, )
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                                                                                                                                                                                          Legal Document 182 Filed: 3/6/2008, Entered: 3/7/2008 Return of Service on Subpoena
                                                                                                                                                                                          RETURN OF SERVICE ON SUBPOENA: Johnelle Chon was served on 03/04/2008 (bbb, )
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                                                                                                                                                                                            Blank 180 Filed: 3/6/2008, Entered: 3/6/2008 Terminate Deadlines and HearingsCourt Filing
                                                                                                                                                                                            EO: Terminated: Status Conference set for 3/7/2008 @ 1:30 p.m. before Judge BARRY M. KURREN. (Judge BARRY M. KURREN)(rwy)
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                                                                                                                                                                                              Blank 179 Filed: 3/6/2008, Entered: 3/6/2008 Set HearingsCourt Filing
                                                                                                                                                                                              EO: Status Conference is set for 3/7/2008 at 01:30 PM before Judge BARRY M. KURREN. (Judge BARRY M. KURREN)(rwy)
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                                                                                                                                                                                                Blank -- Filed: 3/6/2008, Entered: 3/6/2008 Court's Certificate of Service
                                                                                                                                                                                                COURT'S CERTIFICATE of Service - a copy of [180] Terminate Deadlines and Hearings has been served on 3/6/2008. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (rwy)
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                                                                                                                                                                                                  Blank -- Filed: 3/6/2008, Entered: 3/6/2008 Court's Certificate of Service
                                                                                                                                                                                                  COURT'S CERTIFICATE of Service - a copy of [179] Set Hearings has been served on 3/6/2008. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (rwy)
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                                                                                                                                                                                                    Legal Document 181 Filed: 3/5/2008, Entered: 3/7/2008 Motion HearingCourt Filing
                                                                                                                                                                                                    EP:Motion Hearing held on 3/5/2008 re [178] MOTION to Continue filed by Raymond Ware-Oral Argument Held. Court did sign and approve Plaintiffs Ex Parte Motion to Shorten Time for Hearing on Plaintiffs Motion to Have Witness Testify by Video or to Continue Trial. The Motion is hereby Granted as to the Witness to Testify by Video. Court discussed with Counsel that she is unavailable to start the Jury Trial in this case on 3/11/2008 because she will be in a Criminal Jury Trial. Judge Kurren is available to do the Jury Trial on 3/11/2008. Plaintiffs Counsel will have to consult with her client and will get back to the Court as soon as possible. Defendants Counsel did affix his signature on the Consent Form as to the Jury Trial being before Judge Kurren.Motion terminated. (Court Reporter Gloria Bediamol.) (JUDGE HELEN GILLMOR)(lls, )
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                                                                                                                                                                                                      Legal Document 178 Filed: 3/4/2008, Entered: 3/5/2008 Motion to Continue
                                                                                                                                                                                                      MOTION to have Witness Testify by Video or to Continue Trial - filed by Daphne E. Barbee appearing for Plaintiff Raymond Ware. (Attachments: # (1) Declaration of Counsel, # (2) Exhibit 1, # (3) Exhibit 2, # (4) Certificate of Service) (cc: HG with Ex Parte Motion to Shorten Time to hear Motion) (afc)
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                                                                                                                                                                                                        Legal Document 177 Filed: 2/19/2008, Entered: 2/20/2008 Return of Service on Subpoena
                                                                                                                                                                                                        Return of Service on Subpoena - Eli H. Waters was served on 2/15/08. (afc)
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                                                                                                                                                                                                          Legal Document 176 Filed: 2/11/2008, Entered: 2/12/2008 Pretrial Conference
                                                                                                                                                                                                          EP: Pretrial Conference held on 2/11/2008. Discussion held regarding: [136] DEFENDANT'S MOTION IN LIMINE REGARDING PERSONNEL DECISIONS OTHER THAN PLAINTIFF'S TERMINATION and [137] DEFENDANT'S MOTION IN LIMINE TO EXCLUDE WITNESSES NOT DISCLOSED BY PLAINTIFF DISCLOSED PRIOR TO DISCOVERY DEADLINE. Motions taken under advisement. A written order will issue on all outstanding motions in limine. Jury trial is set for March 11, 2008 at 9:00 a.m. (Court Reporter Gloria Bediamol) (CHIEF JUDGE HELEN GILLMOR)(mrf)
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                                                                                                                                                                                                            Legal Document 175 Filed: 2/7/2008, Entered: 2/7/2008 Response
                                                                                                                                                                                                            Plaintiff Raymond Ware's SECOND RESPONSE to [167] Order Requiring Written Proffer;# (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Certificate of Service. re: [171] Response (cc: HG) (bbb, )
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                                                                                                                                                                                                              Legal Document 174 Filed: 2/6/2008, Entered: 2/7/2008 Return of Service on Subpoena
                                                                                                                                                                                                              RETURN OF SERVICE ON SUBPOENA: Haneef Bilau Abdul Shariq was served on 02/05/2008 (bbb, )
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                                                                                                                                                                                                                Legal Document 173 Filed: 2/4/2008, Entered: 2/4/2008 Certificate Of Service.
                                                                                                                                                                                                                CERTIFICATE OF SERVICE by Michael Chertoff re Defendant's Responses to Plaintiff's Fifth Request for Production of Documents (Helper, Thomas)
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                                                                                                                                                                                                                  Legal Document 172 Filed: 1/31/2008, Entered: 1/31/2008 Additional Exhibits
                                                                                                                                                                                                                  Additional Exhibits to [136] MOTION in Limine Regarding Personnel Decisions Other Than Plaintiff's Termination and Certificate of Service Notice of Submission of Exhibit "C" Regarding Defendant's Motion in Limine Regarding Personnel Decisions Other Than Plaintiff's Termination and Certificate of Service filed by Michael Chertoff. (Attachments: # (1) Exhibit "C")(Helper, Thomas)
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                                                                                                                                                                                                                    Legal Document 170 Filed: 1/29/2008, Entered: 1/29/2008 Terminate Hearings
                                                                                                                                                                                                                    EP: [136] DEFENDANT'S MOTION IN LIMINE REGARDING PERSONNEL DECISIONS OTHER THAN PLAINTIFF'S TERMINATION (SIC. - FAILURE TO PROMOTE) and [137] DEFENDANT'S MOTION IN LIMINE TO EXCLUDE WITNESSES NOT DISCLOSED BY PLAINTIFF DISCLOSED PRIOR TO DISCOVERY DEADLINE. Plaintiff has until or on or before February 7, 2008 at 4:00 p.m. to further review the MSPB proceedings against Ken Kamahele and to file an additional response to the Court's January 25, 2008 Order requiring written proffer. [138] PLAINTIFFS MOTION IN LIMINE NO. 1 - PROHIBITING THE DEFENDANT FROM PRESENTING HEARSAY EVIDENCE CONCERNING COMPLAINTS ABOUT WORK PERFORMANCE - Continued. [139] PLAINTIFF'S MOTION IN LIMINE NO. 2 - TO PROHIBIT TESTIMONY AT TRIAL CONCERNING THE GRANTING OF SUMMARY JUDGMENT PERTAINING TO THE RECERTIFICATION TEST AND TERMINATION FOR FAILURE OF THIS TEST. The parties have agreed to stipulate that Plaintiff left TSA's employment in December 2003, and that the jury should not speculate as to the reason for the end of the employment relationship, so the motion is DENIED AS MOOT. [140] PLAINTIFF'S MOTION IN LIMINE TO DISQUALIFY KENNETH KAMAHELE FROM AGENCY REPRESENTATIVE AT TRIAL is DENIED AS MOOT. The Defendant has represented that Ken Kamahele will not serve as its representative. Further Pretrial Conference is set for February 11, 2008 at 2:00 p.m. Jury trial is continued from February 5, 2008 to March 11, 2008 at 9:00 a.m. in Aha Nonoi before JUDGE HELEN GILLMOR. (Court Reporter Stephen Platt) (CHIEF JUDGE HELEN GILLMOR)(mrf)
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                                                                                                                                                                                                                      Blank -- Filed: 1/29/2008, Entered: 1/29/2008 Court's Certificate of Service
                                                                                                                                                                                                                      COURT'S CERTIFICATE of Service - a copy of [170] Minute Order, has been served upon all counsel of record who, as Registered Participants of CM/ECF, received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (mrf)
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                                                                                                                                                                                                                        Legal Document 171 Filed: 1/28/2008, Entered: 1/29/2008 Response
                                                                                                                                                                                                                        Plaintiff Raymond Ware's RESPONSE TO [167] Order Requiring Written Proffer from Plaintiff as to Defendant's [136] MOTION in Limine Regarding Personnel Decisions Other Than Plaintiff's Termination and as to Defendant's [137] Motion in Limine to Exclude Witnesses Not Disclosed by Plaintiff Prior to Discovery Deadline. (cc: HG) (bbb, )
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                                                                                                                                                                                                                          Blank 169 Filed: 1/28/2008, Entered: 1/28/2008 Set Deadlines/Hearings:
                                                                                                                                                                                                                          EO: The Final Pretrial Conference and the hearing on [136] Defendant's Motion in Limine Regarding Personnel Decisions Other Than Plaintiff's Termination, [137] Defendant's Motion in Limine to Exclude Witnesses Not Disclosed by Plaintiff Disclosed Prior to Discovery Deadline, [138] Plaintiff's Motion in Limine No. 1 - Prohibiting the Defendant from Presenting Hearsay Evidence Concerning Complaints about Work Performance,[139] Plaintiff's Motion in Limine No. 2 - To Prohibit Testimony at Trial Concerning the Granting of Summary Judgment Pertaining to the Recertification Test and Termination for Failure of this Test, and [140] Plaintiff's Motion in Limine to Disqualify Kenneth Kamahele from Agency Representative at Trial is CONTINUED from 10:00 AM to 11:00 AM on 1/29/2008 in Aha Kupono before CHIEF JUDGE HELEN GILLMOR. (mrf)
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                                                                                                                                                                                                                            Blank -- Filed: 1/28/2008, Entered: 1/28/2008 Court's Certificate of Service
                                                                                                                                                                                                                            COURT'S CERTIFICATE of Service - a copy of [169] Reset Hearing, has been served upon all counsel of record who, as Registered Participants of CM/ECF, received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (mrf)
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                                                                                                                                                                                                                              Legal Document 168 Filed: 1/25/2008, Entered: 1/25/2008 Set Deadlines/Hearings:
                                                                                                                                                                                                                              EP: The Final Pretrial Conference and the hearing on [136] Defendant's Motion in Limine Regarding Personnel Decisions Other Than Plaintiff's Termination, [137] Defendant's Motion in Limine to Exclude Witnesses Not Disclosed by Plaintiff Disclosed Prior to Discovery Deadline, [138] Plaintiff's Motion in Limine No. 1 - Prohibiting the Defendant from Presenting Hearsay Evidence Concerning Complaints about Work Performance, [139] Plaintiff's Motion in Limine No. 2 - To Prohibit Testimony at Trial Concerning the Granting of Summary Judgment Pertaining to the Recertification Test and Termination for Failure of this Test, and [140] Plaintiff's Motion in Limine to Disqualify Kenneth Kamahele from Agency Representative at Trial is CONTINUED TO 1/29/2008 10:00 AM in Aha Nonoi before CHIEF JUDGE HELEN GILLMOR. (Court Reporter Stephen Platt) (mrf)
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                                                                                                                                                                                                                                Legal Document 167 Filed: 1/25/2008, Entered: 1/25/2008 Order
                                                                                                                                                                                                                                ORDER REQUIRING WRITTEN PROFFER FROM PLAINTIFF AS TO DEFENDANT'S MOTION IN LIMINE REGARDING PERSONNEL DECISIONS OTHER THAN PLAINTIFF'S TERMINATION AND AS TO DEFENDANT'S MOTION IN LIMINE TO EXCLUDE WITNESSES NOT DISCLOSED BY PLAINTIFF PRIOR TO DISCOVERY DEADLINE [136], [137] - Signed by JUDGE HELEN GILLMOR on 1/25/08. [Plaintiff's proffer is to be filed no later than 3:00 p.m. on Monday, January 28, 2008. The pretrial conference is continued until Tuesday, January 29, 2008 at 10:00 a.m. and Defendant will have an opportunity to address Plaintiff's proffer at that time. ( Final Pretrial Conference continued to 1/29/2008 10:00 AM before JUDGE HELEN GILLMOR.)] (emt, )
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                                                                                                                                                                                                                                  Blank -- Filed: 1/25/2008, Entered: 1/25/2008 Court's Certificate of Service
                                                                                                                                                                                                                                  COURT'S CERTIFICATE of Service - a copy of [167]"ORDER REQUIRING WRITTEN PROFFER FROM PLAINTIFF AS TO DEFENDANT'S MOTION IN LIMINE REGARDING PERSONNEL DECISIONS OTHER THAN PLAINTIFF'S TERMINATION AND AS TO DEFENDANT'S MOTION IN LIMINE TO EXCLUDE WITNESSES NOT DISCLOSED BY PLAINTIFF PRIOR TO DISCOVERY DEADLINE" has been served on January 25, 2008. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (emt, )
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                                                                                                                                                                                                                                    Legal Document 160 Filed: 1/23/2008, Entered: 1/23/2008 Trial Brief
                                                                                                                                                                                                                                    TRIAL BRIEF of Defendant Michael Chertoff and Certificate of Service. filed by Michael Chertoff.(Helper, Thomas)
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                                                                                                                                                                                                                                      Legal Document 166 Filed: 1/22/2008, Entered: 1/23/2008 Proposed Voir Dire
                                                                                                                                                                                                                                      Plaintiff Raymond Ware's PROPOSED VOIR DIRE QUESTIONS. (cc: HG) (bbb, )
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                                                                                                                                                                                                                                        Legal Document 165 Filed: 1/22/2008, Entered: 1/23/2008 Response to Motion
                                                                                                                                                                                                                                        Plaintiff Raymond Ware's REPLY to Defendant's [136] Motion in Limine Regarding Personnel Decisions Other Than Plaintiff's Termination; # (1) Exhibit 1, # (2) Exhibit 2, # (3) Certificate of Service. (cc: HG) (Declaration captioned but not attached herein) (bbb, )
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                                                                                                                                                                                                                                          Legal Document 164 Filed: 1/22/2008, Entered: 1/23/2008 Concise Statement of Facts
                                                                                                                                                                                                                                          Plaintiff Raymond Ware's CONCISE STATEMENT OF THE CASE; Certificate of Service. (cc: HG) (bbb, )
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                                                                                                                                                                                                                                            Legal Document 163 Filed: 1/22/2008, Entered: 1/23/2008 Trial Brief
                                                                                                                                                                                                                                            Plaintiff Raymond Ware's TRIAL MEMORANDUM;# (1) EXHIBIT LIST, # (2) Certificate of Service. (cc: HG) (cc: 4 copies of attached Exhibit List ONLY to CRM-Mary)(bbb, )
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                                                                                                                                                                                                                                              Legal Document 162 Filed: 1/22/2008, Entered: 1/23/2008 Proposed Jury Instructions
                                                                                                                                                                                                                                              Plaintiff Raymond Ware's PROPOSED JURY INSTRUCTIONS;# (1) PROPOSED VERDICT FORMS, # (2) Certificate of Service. (cc: HG) (bbb, )
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                                                                                                                                                                                                                                                Legal Document 161 Filed: 1/22/2008, Entered: 1/23/2008 Memorandum in Opposition to Motion
                                                                                                                                                                                                                                                Plaintiff Raymond Ware's REPLY MEMORANDUM IN OPPOSITION to Defendant's [137] Motion in Limine to Exclude Witnesses Not Disclosed by Plaintiff Disclosed Prior to Discovery Deadline;# (1) Declaration of Counsel, # (2) Exhibit 1, # (3) Exhibit 2, # (4) Exhibit 3, # (5) Certificate of Service. (cc: HG) (bbb, )
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                                                                                                                                                                                                                                                  Legal Document 159 Filed: 1/22/2008, Entered: 1/23/2008 Return of Service on Subpoena
                                                                                                                                                                                                                                                  RETURN OF SERVICE ON SUBPOENA Eli Waters was served on 01/17/2008 (bbb, )
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                                                                                                                                                                                                                                                    Legal Document 158 Filed: 1/22/2008, Entered: 1/23/2008 Return of Service on Subpoena
                                                                                                                                                                                                                                                    RETURN OF SERVICE ON SUBPOENA Eli Waters was served on 01/17/2008 (bbb, )
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                                                                                                                                                                                                                                                      Legal Document 157 Filed: 1/22/2008, Entered: 1/23/2008 Return of Service on Subpoena
                                                                                                                                                                                                                                                      RETURN OF SERVICE ON SUBPOENA Eli Waters was served on 01/17/2008 (bbb, )
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                                                                                                                                                                                                                                                        Legal Document 156 Filed: 1/22/2008, Entered: 1/22/2008 Proposed Jury Instructions
                                                                                                                                                                                                                                                        Defendant's Proposed Jury Instructions. filed by Michael Chertoff.(Helper, Thomas)
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                                                                                                                                                                                                                                                          Legal Document 155 Filed: 1/22/2008, Entered: 1/22/2008 Proposed Voir Dire
                                                                                                                                                                                                                                                          Proposed Voir Dire. filed by Michael Chertoff.(Helper, Thomas)
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                                                                                                                                                                                                                                                            Legal Document 154 Filed: 1/22/2008, Entered: 1/22/2008 Special Verdict Form
                                                                                                                                                                                                                                                            Special Verdict Form..(Helper, Thomas)
                                                                                                                                                                                                                                                              LREF
                                                                                                                                                                                                                                                              Legal Document 153 Filed: 1/22/2008, Entered: 1/22/2008 Concise Statement of Facts
                                                                                                                                                                                                                                                              CONCISE STATEMENT of Facts Defendant's Concise Statement of the Case and Certificate of Service filed by Michael Chertoff. (Helper, Thomas)
                                                                                                                                                                                                                                                                LREF
                                                                                                                                                                                                                                                                Legal Document 152 Filed: 1/22/2008, Entered: 1/22/2008 Objection
                                                                                                                                                                                                                                                                OBJECTION Defendant's Objections to Plaintiff's Exhibits and Certificate of Service filed by Michael Chertoff. (Helper, Thomas)
                                                                                                                                                                                                                                                                  LREF
                                                                                                                                                                                                                                                                  Legal Document 151 Filed: 1/22/2008, Entered: 1/22/2008 Objection
                                                                                                                                                                                                                                                                  OBJECTION re [144] Designation of Transcripts Defendant's Objections to Plaintiff's Deposition Designations and Certificate of Service filed by Michael Chertoff. (Helper, Thomas)
                                                                                                                                                                                                                                                                    LREF
                                                                                                                                                                                                                                                                    Legal Document 150 Filed: 1/22/2008, Entered: 1/22/2008 Memorandum in Opposition to Motion
                                                                                                                                                                                                                                                                    MEMORANDUM in Opposition re [140] MOTION in Limine and Certificate of Service filed by Michael Chertoff. (Attachments: # (1) Exhibit "1")(Helper, Thomas) Modified on 1/22/2008: Exhibit "1" restricted to viewing by case participants due to this exhibit containing personal identifiers (afc).
                                                                                                                                                                                                                                                                      LREF
                                                                                                                                                                                                                                                                      Legal Document 149 Filed: 1/22/2008, Entered: 1/22/2008 Response
                                                                                                                                                                                                                                                                      RESPONSE re [139] MOTION in Limine Defendant's Statement Regarding Plaintiff's Motion in Limine #2 and Certificate of Service filed by Michael Chertoff. (Helper, Thomas)
                                                                                                                                                                                                                                                                        LREF
                                                                                                                                                                                                                                                                        Legal Document 148 Filed: 1/22/2008, Entered: 1/22/2008 Memorandum in Opposition to Motion
                                                                                                                                                                                                                                                                        MEMORANDUM in Opposition re [138] MOTION in Limine and Certificate of Service filed by Michael Chertoff. (Helper, Thomas)
                                                                                                                                                                                                                                                                          LREF
                                                                                                                                                                                                                                                                          Legal Document 147 Filed: 1/18/2008, Entered: 1/18/2008 Settlement Conference
                                                                                                                                                                                                                                                                          EP: Settlement Conference held on 1/18/2008. Further Settlement Conference on call. (Court Reporter In Chambers-No Record) (JUDGE LESLIE E KOBAYASHI)(wnn, )
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                                                                                                                                                                                                                                                                            Legal Document 146 Filed: 1/18/2008, Entered: 1/18/2008 Return of Service on Subpoena
                                                                                                                                                                                                                                                                            RETURN OF SERVICE ON SUBPOENA : Haneef Bilal Adbul Shariq was served on 01/16/08 (bbb, )
                                                                                                                                                                                                                                                                              LREF
                                                                                                                                                                                                                                                                              Blank 145 Filed: 1/17/2008, Entered: 1/17/2008 Set Motion Deadlines/Hearings (inc F&R)
                                                                                                                                                                                                                                                                              EO: The Final Pretrial Conference and the hearing on [136] Defendant's Motion in Limine Regarding Personnel Decisions Other Than Plaintiff's Termination, [137] Defendant's Motion in Limine to Exclude Witnesses Not Disclosed by Plaintiff Disclosed Prior to Discovery Deadline, [138] Plaintiff's Motion in Limine No. 1 - Prohibiting the Defendant from Presenting Hearsay Evidence Concerning Complaints about Work Performance, [139] Plaintiff's Motion in Limine No. 2 - To Prohibit Testimony at Trial Concerning the Granting of Summary Judgment Pertaining to the Recertification Test and Termination for Failure of this Test, and [140] Plaintiff's Motion in Limine to Disqualify Kenneth Kamahele from Agency Representative at Trial is continued from 08:30 AM to 02:00 PM on 1/25/2008 in Aha Nonoi before CHIEF JUDGE HELEN GILLMOR. (mrf)
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                                                                                                                                                                                                                                                                                Blank -- Filed: 1/17/2008, Entered: 1/17/2008 Court's Certificate of Service
                                                                                                                                                                                                                                                                                COURT'S CERTIFICATE of Service - a copy of [145] Reset Hearing, has been served upon all counsel of record who, as Registered Participants of CM/ECF, received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (mrf)
                                                                                                                                                                                                                                                                                  LREF
                                                                                                                                                                                                                                                                                  Blank 143 Filed: 1/16/2008, Entered: 1/16/2008 Notice of Hearing on Motion
                                                                                                                                                                                                                                                                                  NOTICE of Hearing on Motions. The hearing on [136] Defendant's Motion in Limine Regarding Personnel Decisions Other Than Plaintiff's Termination, [137] Defendant's Motion in Limine to Exclude Witnesses Not Disclosed by Plaintiff Disclosed Prior to Discovery Deadline, [138] Plaintiff's Motion in Limine No. 1 - Prohibiting the Defendant from Presenting Hearsay Evidence Concerning Complaints about Work Performance, [139] Plaintiff's Motion in Limine No. 2 - To Prohibit Testimony at Trial Concerning the Granting of Summary Judgment Pertaining to the Recertification Test and Termination for Failure of this Test, and [140] Plaintiff's Motion in Limine to Disqualify Kenneth Kamahele from Agency Representative at Trial is set for 1/25/2008 at 08:30 AM in Aha Nonoi before CHIEF JUDGE HELEN GILLMOR. (mrf)
                                                                                                                                                                                                                                                                                    LREF
                                                                                                                                                                                                                                                                                    Blank -- Filed: 1/16/2008, Entered: 1/16/2008 Court's Certificate of Service
                                                                                                                                                                                                                                                                                    COURT'S CERTIFICATE of Service - a copy of [143] Notice of Hearing on Motions, has been served upon all counsel of record who, as Registered Participants of CM/ECF, received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (mrf)
                                                                                                                                                                                                                                                                                      LREF
                                                                                                                                                                                                                                                                                      Legal Document 144 Filed: 1/15/2008, Entered: 1/16/2008 Designation of Transcripts
                                                                                                                                                                                                                                                                                      Plaintiff's DESIGNATION OF DEPOSITION EXCERPTS; Certificate of Service. (afc)
                                                                                                                                                                                                                                                                                        LREF
                                                                                                                                                                                                                                                                                        Legal Document 142 Filed: 1/15/2008, Entered: 1/15/2008 Witness List
                                                                                                                                                                                                                                                                                        Plaintiff's Witness Statement/List; Certificate of Service. (afc)
                                                                                                                                                                                                                                                                                          LREF
                                                                                                                                                                                                                                                                                          Legal Document 141 Filed: 1/15/2008, Entered: 1/15/2008 Reply
                                                                                                                                                                                                                                                                                          Plaintiff's POSITION ON DEFENDANT'S EXHIBITS; Certificate of Service. (afc)
                                                                                                                                                                                                                                                                                            LREF
                                                                                                                                                                                                                                                                                            Legal Document 140 Filed: 1/15/2008, Entered: 1/15/2008, Terminated: 1/29/2008 Motion in Limine
                                                                                                                                                                                                                                                                                            MOTION in Limine to Disqualify Kenneth Kamahele from Agency Representative at Trial filed by Daphne E. Barbee, attorney for Plaintiff Raymond Ware. Attachments: # (1) Exhibit 1, # (2) Certificate of Service) (afc)
                                                                                                                                                                                                                                                                                              LREF
                                                                                                                                                                                                                                                                                              Legal Document 139 Filed: 1/15/2008, Entered: 1/15/2008, Terminated: 1/29/2008 Motion in Limine
                                                                                                                                                                                                                                                                                              MOTION in Limine No. 2; Certificate of Service. [M/Limine to prohibit testimony at trial concerning the granting of Summary Judgment pertaining to the recertification test and termination for failure of this test] filed by Daphne E. Barbee, attorney for Plaintiff Raymond Ware. (afc)
                                                                                                                                                                                                                                                                                                LREF
                                                                                                                                                                                                                                                                                                Legal Document 138 Filed: 1/15/2008, Entered: 1/15/2008, Terminated: 3/10/2008 Motion in Limine
                                                                                                                                                                                                                                                                                                MOTION in Limine No. 1 [prohibiting defendant from presenting hearsay evidence concerning complaints about work performance] filed by Daphne E. Barbee, attorney for Plaintiff Raymond Ware. (Attachments: # (1) Declaration of Counsel, # (2) Exhibit 1, # (3) Exhibit 2, # (4) Exhibit 3, # (5) Certificate of Service)(afc)
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                                                                                                                                                                                                                                                                                                  Legal Document 137 Filed: 1/15/2008, Entered: 1/15/2008, Terminated: 3/10/2008 Motion in Limine
                                                                                                                                                                                                                                                                                                  MOTION in Limine to Exclude Witnesses Not Disclosed by Plaintiff Disclosed Prior to Discovery Deadline and Certificate of Service Thomas A. Helper appearing for Defendant Michael Chertoff (Attachments: # (1) Memorandum in Support, # (2) Exhibit "A", # (3) Exhibit "B")(Helper, Thomas)
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                                                                                                                                                                                                                                                                                                    Legal Document 136 Filed: 1/15/2008, Entered: 1/15/2008, Terminated: 3/10/2008 Motion in Limine
                                                                                                                                                                                                                                                                                                    MOTION in Limine Regarding Personnel Decisions Other Than Plaintiff's Termination and Certificate of Service Thomas A. Helper appearing for Defendant Michael Chertoff (Attachments: # (1) Memorandum in Support, # (2) Exhibit "A")(Helper, Thomas)
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                                                                                                                                                                                                                                                                                                      Legal Document 135 Filed: 1/15/2008, Entered: 1/15/2008 Witness List
                                                                                                                                                                                                                                                                                                      Witness List..(Helper, Thomas)
                                                                                                                                                                                                                                                                                                        LREF
                                                                                                                                                                                                                                                                                                        Legal Document 134 Filed: 1/15/2008, Entered: 1/15/2008 Stipulation
                                                                                                                                                                                                                                                                                                        STIPULATION Regarding Trial Exhibits and Certificate of Service by Michael Chertoff. (Helper, Thomas)
                                                                                                                                                                                                                                                                                                          LREF
                                                                                                                                                                                                                                                                                                          Blank 133 Filed: 1/15/2008, Entered: 1/15/2008 Set Deadlines/Hearings:Court Filing
                                                                                                                                                                                                                                                                                                          EO: Settlement Conference set for 1/18/2008 at 09:00 AM before JUDGE LESLIE E KOBAYASHI. (Judge JUDGE LESLIE E KOBAYASHI)(wnn, )
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                                                                                                                                                                                                                                                                                                            Blank -- Filed: 1/15/2008, Entered: 1/15/2008 Court's Certificate of Service
                                                                                                                                                                                                                                                                                                            COURT'S CERTIFICATE of Service - a copy of [133] Set Deadlines/Hearings has been served to Registered Participants of CM/ECF who received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF) on 1/15/2008. (wnn, )
                                                                                                                                                                                                                                                                                                              LREF
                                                                                                                                                                                                                                                                                                              Legal Document 132 Filed: 1/14/2008, Entered: 1/14/2008 Return of Service on Subpoena
                                                                                                                                                                                                                                                                                                              RETURN OF SERVICE ON SUBPOENA Milagros Drake was served on 01/09/2008 (bbb, )
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                                                                                                                                                                                                                                                                                                                Legal Document 130 Filed: 1/3/2008, Entered: 1/3/2008 Final Pretrial Conference-MagCourt Filing
                                                                                                                                                                                                                                                                                                                EP: Final Pretrial Conference held on 1/3/2008. (Court Reporter Courtroom 7-No Record) (Judge JUDGE LESLIE E KOBAYASHI)(wnn, )
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                                                                                                                                                                                                                                                                                                                  Legal Document 131 Filed: 12/31/2007, Entered: 1/3/2008 Certificate Of Service.
                                                                                                                                                                                                                                                                                                                  CERTIFICATE OF SERVICE by Raymond Ware re: Pltf Ware's 3rd Request for Production of Documents to Deft. (bbb, )
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                                                                                                                                                                                                                                                                                                                    Legal Document 129 Filed: 12/21/2007, Entered: 12/21/2007 Pretrial Conference Statement
                                                                                                                                                                                                                                                                                                                    Pretrial Conference Statement by Michael Chertoff Defendant's Final Pretrial Statement and Certificate of Service. (Helper, Thomas)
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                                                                                                                                                                                                                                                                                                                      Legal Document 128 Filed: 12/20/2007, Entered: 12/20/2007 Order on Motion for Summary Judgment
                                                                                                                                                                                                                                                                                                                      ORDER GRANTING DEFENDANT'S [117] THIRD MOTION FOR SUMMARY JUDGMENT: "(1) Defendant's Third Motion for Summary Judgment is GRANTED; (2) The only remaining claim is for discrimination and retaliation in failing to hire Plaintiff for a permanent screening manager position in September 2003.IT IS SO ORDERED." Signed by Chief JUDGE HELEN GILLMOR on December 20, 2007. (bbb, )
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                                                                                                                                                                                                                                                                                                                        Blank -- Filed: 12/20/2007, Entered: 12/20/2007 Court's Certificate of Service
                                                                                                                                                                                                                                                                                                                        COURT'S CERTIFICATE of Service - a copy of [128] "ORDER GRANTING DEFENDANT'S THIRD MOTION FOR SUMMARY JUDGMENT" has been served upon ALL RESPECTIVE COUNSEL OF RECORD whom are all Registered Participants of CM/ECF and received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF) on 12/20/2007. (bbb, )
                                                                                                                                                                                                                                                                                                                          LREF
                                                                                                                                                                                                                                                                                                                          Blank 127 Filed: 12/18/2007, Entered: 12/18/2007 Set Deadlines/Hearings:Court Filing
                                                                                                                                                                                                                                                                                                                          EO: Final Pretrial Conference set for 12/28/2007 at 09:00 AM is continued to 1/3/2008 at 09:30 AM before JUDGE LESLIE E KOBAYASHI. (Judge JUDGE LESLIE E KOBAYASHI)(wnn, )
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                                                                                                                                                                                                                                                                                                                            Blank -- Filed: 12/18/2007, Entered: 12/18/2007 Court's Certificate of Service
                                                                                                                                                                                                                                                                                                                            COURT'S CERTIFICATE of Service - a copy of [127] Set Deadlines/Hearings has been served to Registered Participants of CM/ECF who received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF) on 12/18/2007. (wnn, )
                                                                                                                                                                                                                                                                                                                              LREF
                                                                                                                                                                                                                                                                                                                              Legal Document 126 Filed: 12/17/2007, Entered: 12/18/2007 Pretrial Conference Statement
                                                                                                                                                                                                                                                                                                                              Plaintiff Raymond Ware's PRETRIAL STATEMENT; Certificate of Service. (cc: HG, LEK) (bbb, )
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                                                                                                                                                                                                                                                                                                                                Legal Document 125 Filed: 12/10/2007, Entered: 12/10/2007 Motion Hearing
                                                                                                                                                                                                                                                                                                                                EP: Motion Hearing held on 12/10/2007. [117] Defendant Michael Chertoff's Third Motion for Summary Judgment is TAKEN UNDER ADVISEMENT. Court to issue a written order. Jury Trial is set for February 5, 2008. Counsel informs the Court that the trial will take approximately 5 days. (Court Reporter Stephen Platt) (CHIEF JUDGE HELEN GILLMOR)(mrf)
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                                                                                                                                                                                                                                                                                                                                  Legal Document 124 Filed: 11/29/2007, Entered: 11/29/2007 Reply
                                                                                                                                                                                                                                                                                                                                  REPLY re [117] Third MOTION for Summary Judgment and Certificate of Service Reply Memorandum in Support of Defendant's Third Motion for Summary Judgment and Certificate of Service filed by Michael Chertoff. (Attachments: # (1) Declaration of Johnalyn Nakamura)(Helper, Thomas)
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                                                                                                                                                                                                                                                                                                                                    Legal Document 123 Filed: 11/21/2007, Entered: 11/26/2007 Concise Statement of Facts
                                                                                                                                                                                                                                                                                                                                    Plaintiff Raymond Ware's CONCISE STATEMENT OF FACTS in Opposition to Defendant's [117] Third Motion for Summary Judgment;# (1) Declaration of Plaintiff;# (2) Plaintiff's Third Declaration;# (3) Declaration of Raymond Ware;# (4) Exhibit 13;# (5) Exhibit 14;# (6) Declaration of Counsel;# (7) Exhibit 24;# (8) Exhibit 26;# (9) Exhibit 29;# (10) Exhibit 33;# (11) Declaration of Milagros Drake;# (12) Certificate of Compliance;# (13) Certificate of Service. (cc: HG) (bbb, )
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                                                                                                                                                                                                                                                                                                                                    Legal Document 122 Filed: 11/21/2007, Entered: 11/26/2007 Memorandum in Opposition to Motion
                                                                                                                                                                                                                                                                                                                                    Plaintiff Raymond Ware's MEMORANDUM IN OPPOSITION to [117] Third Motion for Summary Judgment of Defendant Michael Chertoff; Certificate of Service. (cc: HG) (bbb, )
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                                                                                                                                                                                                                                                                                                                                      Blank 121 Filed: 10/17/2007, Entered: 10/17/2007 Set Deadlines/Hearings:Court Filing
                                                                                                                                                                                                                                                                                                                                      EO: Corrected: Final Pretrial Conference set for 12/26/2007 at 09:00 AM is moved to 12/28/2007 at 09:00 AM before JUDGE LESLIE E KOBAYASHI. (Judge LESLIE E KOBAYASHI )(wnn, )
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                                                                                                                                                                                                                                                                                                                                        Blank 120 Filed: 10/17/2007, Entered: 10/17/2007 Set Deadlines/Hearings:Court Filing
                                                                                                                                                                                                                                                                                                                                        EO: Final Pretrial Conference set for 12/26/2008 at 09:00 AM is moved to 12/28/2007 at 09:00 AM before JUDGE LESLIE E KOBAYASHI. (Judge LESLIE E KOBAYASHI )(wnn, )
                                                                                                                                                                                                                                                                                                                                          LREF
                                                                                                                                                                                                                                                                                                                                          Blank 119 Filed: 9/28/2007, Entered: 9/28/2007 Notice of Hearing on Motion
                                                                                                                                                                                                                                                                                                                                          NOTICE of Hearing on Motion. [117] Defendant Michael Chertoff's Third Motion for Summary Judgment is set for 12/10/2007 at 10:30 AM in Aha Nonoi before CHIEF JUDGE HELEN GILLMOR. (mrf)
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                                                                                                                                                                                                                                                                                                                                            Legal Document 118 Filed: 9/27/2007, Entered: 9/27/2007 Concise Statement in Support of Motion
                                                                                                                                                                                                                                                                                                                                            CONCISE STATEMENT in Support re [117] Third MOTION for Summary Judgment and Certificate of Service and Certificate of Service filed by Michael Chertoff. (Attachments: # (1) Declaration of Pete Marcello# (2) Exhibit "A"# (3) Exhibit "B"# (4) Declaration pf Thomas A. Helper# (5) Exhibit "H"# (6) Exhibit "I"# (7) Exhibit "J"# (8) Exhibit "K")(Helper, Thomas)
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                                                                                                                                                                                                                                                                                                                                              Legal Document 117 Filed: 9/27/2007, Entered: 9/27/2007, Terminated: 12/20/2007 Motion for Summary Judgment
                                                                                                                                                                                                                                                                                                                                              Third MOTION for Summary Judgment and Certificate of Service by Michael Chertoff. (Attachments: # (1) Memorandum in Support)(Helper, Thomas)
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                                                                                                                                                                                                                                                                                                                                                Legal Document 116 Filed: 8/10/2007, Entered: 8/10/2007 Scheduling OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                AMENDED RULE 16 SCHEDULING ORDER. Signed by Magistrate Judge LESLIE E KOBAYASHI on August 10, 2007. (bbb, ) Modified ("amended") on 8/13/2007 (afc).
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                                                                                                                                                                                                                                                                                                                                                  Blank -- Filed: 8/10/2007, Entered: 8/10/2007 Court's Certificate of Service
                                                                                                                                                                                                                                                                                                                                                  COURT'S CERTIFICATE of Service - a copy of [116] "AMENDE RULE 16 SCHEDULING ORDER" has been served upon ALL COUNSEL OF RECORD whom are all Registered Participants of CM/ECF and received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF) on 08/10/2007. (bbb, )
                                                                                                                                                                                                                                                                                                                                                    LREF
                                                                                                                                                                                                                                                                                                                                                    Legal Document 115 Filed: 8/7/2007, Entered: 8/7/2007 Set Deadlines/Hearings:Court Filing
                                                                                                                                                                                                                                                                                                                                                    EO: New trial date and deadlines given. Amended Rule 16 Scheduling Order to be issued. Jury Selection/Trial set for 09:00 AM on 2/5/2008 before JUDGE HELEN GILLMOR. Final Pretrial Conference set for 12/26/2007 09:00 AM before JUDGE LESLIE E KOBAYASHI. Final Pretrial Conference set for 1/25/2008 08:30 AM before JUDGE HELEN GILLMOR.Discovery due by 12/7/2007. Motions due by 10/15/2007. (Judge LESLIE E KOBAYASHI )(wnn, )
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                                                                                                                                                                                                                                                                                                                                                      Legal Document 114 Filed: 8/1/2007, Entered: 8/1/2007 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                      ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S [99] SECONDMOTION TO DISMISS AND FOR SUMMARY JUDGMENT. Signed by Chief Judge HELEN GILLMOR on August 1, 2007. (bbb, )
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                                                                                                                                                                                                                                                                                                                                                        Blank -- Filed: 8/1/2007, Entered: 8/1/2007 Court's Certificate of Service
                                                                                                                                                                                                                                                                                                                                                        COURT'S CERTIFICATE of Service - a copy of [114] "ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S SECOND MOTION TO DISMISS AND FOR SUMMARY JUDGMENT" has been served upon ALL COUNSEL OF RECORD whom are all Registered Participants of CM/ECF and received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF) on 08/01/2007. (bbb, )
                                                                                                                                                                                                                                                                                                                                                          LREF
                                                                                                                                                                                                                                                                                                                                                          Legal Document 113 Filed: 7/31/2007, Entered: 8/1/2007 Return of Service on Subpoena
                                                                                                                                                                                                                                                                                                                                                          Return of Service on Subpoena Milagros Drake was served on 07/25/2007 (bbb, )
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                                                                                                                                                                                                                                                                                                                                                            Legal Document 111 Filed: 7/24/2007, Entered: 7/25/2007 Exhibit
                                                                                                                                                                                                                                                                                                                                                            Plaintiff Raymond Ware's AMENDED AND REDACTED# (1) Exhibit 1;# (2) Exhibit 3;# (3) Exhibit 5;# (4) Exhibit 9;# (5) Exhibit 17 to the [108] Concise Statement in Opposition to Defendant's Second Motion For Dismissal and for Summary Judgment;# (6) Certificate of Service. (cc: HG) (bbb, ) Modified on 7/26/2007 to correct date-filed field from 7/25/07 to 7/24/07 (afc).
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                                                                                                                                                                                                                                                                                                                                                              Legal Document 112 Filed: 7/23/2007, Entered: 7/25/2007 Motion HearingCourt Filing
                                                                                                                                                                                                                                                                                                                                                              EP:Motion Hearing held on 7/23/2007-Re-[99]-Defendant's Second Motion to Dismiss and for Summary Judgment-Oral Argument Held. Defendant's Motion is Granted with regard to Plaintiff's claims for: (1) hostile work environment; (2) failure to promote to rotating screening manager position from October 2002 to February 2003; and (3) failure to promote to temporary screening manager position in June 2003. Defendant's Motion is Denied as to Plaintiff's claims for: (1) discrimination and retaliation in failing to hire for permanent screening manager position in September 2003; and (2) unlawful termination in November 2003. Motion terminated. The Court vacates the Trial Date of September 25, 2007 and all Trial related scheduling deadlines. The court extends the deadline to file dispositive motions to October 15, 2007. (Court Reporter Steve Platt.) (Judge HELEN GILLMOR )(lls, )
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                                                                                                                                                                                                                                                                                                                                                                Legal Document 110 Filed: 7/20/2007, Entered: 7/20/2007 Certificate Of Service.
                                                                                                                                                                                                                                                                                                                                                                CERTIFICATE OF SERVICE by Michael Chertoff Defendants' Notice of Taking Deposition Upon Oral Examination (Milagros Drake 8/6/07) (Helper, Thomas)
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                                                                                                                                                                                                                                                                                                                                                                  Legal Document 109 Filed: 7/12/2007, Entered: 7/12/2007 Reply
                                                                                                                                                                                                                                                                                                                                                                  REPLY re [99] MOTION to Dismiss Defendant's Second Motion to Dismiss and for Summary Judgment and Certificate of Service Reply Memorandum in Support of Federal Defendants' Motion to Dismiss and for Summary Judgment and Certificate of Service filed by Michael Chertoff. (Ching, Edric)
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                                                                                                                                                                                                                                                                                                                                                                    Legal Document 108 Filed: 7/3/2007, Entered: 7/5/2007 Concise Statement in Opposition to Motion
                                                                                                                                                                                                                                                                                                                                                                    Plaintiff Raymond Ware's CONCISE STATEMENT OF FACTS in Opposition to Defendant's [99] Second Motion For Dismissal and for Summary Judgment;# (1) Declaration of Raymond Ware;# (2) Exhibit 1 (View for Court User's ONLY due to P.I. Info.);# (3) Exhibit 2;# (4) Exhibit 3 (View for Court User's ONLY due to P.I. Info.);# (5) Exhibit 4;# (6) Exhibit 5 (View for Court User's ONLY due to P.I. Info.);# (7) Exhibit 6;# (8) Exhibit 7;# (9) Exhibit 8;# (10) Exhibit 9 (View for Court User's ONLY due to P.I. Info.);# (11) Exhibit 10;# (12) Exhibit 11;# (13) Exhibit 12;# (14) Exhibit 13;# (15) Exhibit 14;# (16) Exhibit 16;# (17) Exhibit 17 (View for Court User's ONLY due to P.I. Info.);# (18) Exhibit 18;# (19) Exhibit 19;# (20) Exhibit 20;# (21) Exhibit 21;# (22) Exhibit 22;# (23) Exhibit 23;# (24) Declaration of Plaintiff (Third);# (25) Declaration of Milagros Drake;# (26) Declaration of Allen Willey;# (27) Declaration of Counsel (Second);# (28) Exhibit 25;# (29) Exhibit 26;# (30) Exhibit 29;# (31) Exhibit 30;# (32) Exhibit 31;# (33) Exhibit 32. (cc: HG) (bbb, ) Modified on 7/9/2007 - editing text for exhibits 1, 3, 5, 9 & 17 (bbb, ).
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                                                                                                                                                                                                                                                                                                                                                                    Legal Document 107 Filed: 7/3/2007, Entered: 7/5/2007 Exhibit
                                                                                                                                                                                                                                                                                                                                                                    Plaintiff Raymond Ware's EXHIBITS; # (1) Exhibit 25 (part 1 of 2);# (2) Exhibit 25 (part 2 of 2);# (3) Exhibit 27;# (4) Exhibit 28. Related document: [102] Protective Order.[SEALED] (bbb, )
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                                                                                                                                                                                                                                                                                                                                                                      Legal Document 106 Filed: 7/3/2007, Entered: 7/3/2007 Certificate Of Service.
                                                                                                                                                                                                                                                                                                                                                                      CERTIFICATE OF SERVICE by Raymond Ware (bbb, )
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                                                                                                                                                                                                                                                                                                                                                                        Legal Document 105 Filed: 7/3/2007, Entered: 7/3/2007 Memorandum in Opposition to Motion
                                                                                                                                                                                                                                                                                                                                                                        Plaintiff Raymond Ware's MEMORANDUM IN OPPOSITION to Defendants' [99] Second MOtion to Dismiss and for Summary Judgment; Certificate of Compliance; Certificate of Service. (cc: HG) (bbb, )
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                                                                                                                                                                                                                                                                                                                                                                          Blank -- Filed: 7/3/2007, Entered: 7/5/2007 Corrective Entry
                                                                                                                                                                                                                                                                                                                                                                          ADVISORY NOTICE TO COUNSEL: The following will be UNAVAILABLE for public viewing as they all include personal identifiers information (E-Government Act). PARTS of docket number [108] Concise Statement in Opposition filed by Raymond Ware - Exhibits 1, 3, 5, 9 and 17. (bbb, )
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                                                                                                                                                                                                                                                                                                                                                                            Legal Document 104 Filed: 6/27/2007, Entered: 6/27/2007 Set Motion Deadlines/Hearings (inc F&R)Court Filing
                                                                                                                                                                                                                                                                                                                                                                            Federal Defendant's STIPULATION TO CONTINUE HEARING ON DEFENDANT'S SECOND [99] MOTION TO DISMISS OR FOR SUMMARY JUDGMENT: Motion Hearing set for 7/23/2007 10:30 AM before Chief JUDGE HELEN GILLMOR. Signed by Chief Judge HELEN GILLMOR on June 4, 2007. (bbb, )
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                                                                                                                                                                                                                                                                                                                                                                              Legal Document 103 Filed: 6/25/2007, Entered: 6/25/2007 Certificate Of Service.
                                                                                                                                                                                                                                                                                                                                                                              CERTIFICATE OF SERVICE by Michael Chertoff re Defendant's Response to Plaintiff's Fourth Request for Answers to Interrogatories and Production of Documents (Ching, Edric)
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                                                                                                                                                                                                                                                                                                                                                                                Legal Document 102 Filed: 6/4/2007, Entered: 6/4/2007 Protective OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                Federal Defendants STIPULATED PROTECTIVE ORDER PERTAINING TO SENSITIVE SECURITY INFORMATION; ORDER. Signed by Magistrate Judge LESLIE E KOBAYASHI on June 4, 2007. (bbb, )
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                                                                                                                                                                                                                                                                                                                                                                                  Blank 101 Filed: 5/15/2007, Entered: 5/15/2007 Notice of Hearing on Motion
                                                                                                                                                                                                                                                                                                                                                                                  NOTICE of Hearing on Motion [99] Defendant Michael Chertoff's Second Motion to Dismiss and for Summary Judgment is set for 7/2/2007 at 09:00 AM in Aha Nonoi before CHIEF JUDGE HELEN GILLMOR. (mrf)
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                                                                                                                                                                                                                                                                                                                                                                                    Legal Document 100 Filed: 5/14/2007, Entered: 5/14/2007 Concise Statement in Support of Motion
                                                                                                                                                                                                                                                                                                                                                                                    CONCISE STATEMENT in Support re [99] MOTION to Dismiss Defendant's Second Motion to Dismiss and for Summary Judgment and Certificate of Service and Certificate of Service filed by Michael Chertoff. (Attachments: # (1) Declaration of Kenneth K. Kamahele# (2) Declaration of Pete Marcello# (3) Declaration of Thomas A. Helper# (4) Exhibit "A"# (5) Exhibit "B"# (6) Exhibit "C"# (7) Exhibit "D"# (8) Exhibit "E")(Helper, Thomas)
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                                                                                                                                                                                                                                                                                                                                                                                    Legal Document 99 Filed: 5/14/2007, Entered: 5/14/2007, Terminated: 7/23/2007 Motion to Dismiss
                                                                                                                                                                                                                                                                                                                                                                                    MOTION to Dismiss Defendant's Second Motion to Dismiss and for Summary Judgment and Certificate of Service by Michael Chertoff. (Attachments: # (1) Memorandum in Support)(Helper, Thomas)
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                                                                                                                                                                                                                                                                                                                                                                                      Legal Document 98 Filed: 5/11/2007, Entered: 5/11/2007 Stipulation and OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                      Federal Defendant's STIPULATED PROTECTIVE ORDER REGARDING RELEASE OF PERSONNEL FILES AND EEO FILES PROTECTED BY THE PRIVACY ACT. Signed by Magistrate Judge LESLIE E KOBAYASHI on May 11, 2007. (bbb, )
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                                                                                                                                                                                                                                                                                                                                                                                        Legal Document 97 Filed: 5/10/2007, Entered: 5/10/2007 Stipulation and OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                        Defendant's STIPULATION to Continue Dispositive Motions Deadline; ORDER. Dispositive motions deadline continued from April 25, 2007 to May 14, 2007. Order signed by Chief Judge HELEN GILLMOR on 5/10/07. (afc)
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                                                                                                                                                                                                                                                                                                                                                                                          Legal Document 96 Filed: 4/9/2007, Entered: 4/9/2007 Scheduling OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                          Amended Rule 16 SCHEDULING ORDER. Signed by Judge LESLIE E KOBAYASHI on 4/9/07. (gls, )
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                                                                                                                                                                                                                                                                                                                                                                                            Blank -- Filed: 4/9/2007, Entered: 4/9/2007 Court's Certificate of Service
                                                                                                                                                                                                                                                                                                                                                                                            COURT'S CERTIFICATE of Service - a copy of [96] Amended Rule 16 Scheduling Order has been served. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (gls, )
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                                                                                                                                                                                                                                                                                                                                                                                              Legal Document 95 Filed: 4/3/2007, Entered: 4/3/2007 Rule 16 Scheduling ConferenceCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                              EP: Status Conference Re: Trial Date and Other Deadlines held on 4/3/2007. New trial date and deadlines given. Amended Rule 16 Scheduling Order to be issued. Jury Selection/Trial set for 09:00 AM on 9/25/2007 before JUDGE HELEN GILLMOR. Final Pretrial Conference set for 8/14/2007 09:00 AM before JUDGE LESLIE E KOBAYASHI. Final Pretrial Conference set for 9/14/2007 08:30 AM before JUDGE HELEN GILLMOR. Motions due by 4/25/2007. Discovery due by 7/27/2007. (Court Reporter Courtroom 7-No Record) (Judge LESLIE E KOBAYASHI )(wnn, )
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                                                                                                                                                                                                                                                                                                                                                                                                Blank 94 Filed: 3/29/2007, Entered: 3/29/2007 Set Deadlines/Hearings:Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                EO:. Status Conference Re: Trial Date and Other Deadlines set for 4/3/2007 at 11:05 AM is moved to 01:35 PM before JUDGE LESLIE E KOBAYASHI. (Judge LESLIE E KOBAYASHI )(wnn, )
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                                                                                                                                                                                                                                                                                                                                                                                                  Blank 93 Filed: 3/28/2007, Entered: 3/28/2007 Set Deadlines/Hearings:Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                  EO: Status Conference Re: Trial Date and Other Deadlines set for 3/28/2007 at 03:30 PM is continued to 4/3/2007 at 11:05 AM before JUDGE LESLIE E KOBAYASHI. (Judge LESLIE E KOBAYASHI )(wnn, )
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                                                                                                                                                                                                                                                                                                                                                                                                    Blank 92 Filed: 3/27/2007, Entered: 3/27/2007 Set Deadlines/Hearings:Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                    EO: Status Conference Re: Trial Date and Other Deadlines set for 3/28/2007 at 03:35 PM before JUDGE LESLIE E KOBAYASHI. (Judge LESLIE E KOBAYASHI )(wnn, )
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                                                                                                                                                                                                                                                                                                                                                                                                      Blank 91 Filed: 2/8/2007, Entered: 2/8/2007 Set Deadlines/Hearings:Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                      EO: Final Pretrial Conference set for 4/3/2007 at 09:00 AM is continued to 4/10/2007 at 09:00 AM before JUDGE LESLIE E KOBAYASHI. Final Pretrial Statements are now due 4/3/2007. (Judge LESLIE E KOBAYASHI )(wnn, )
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                                                                                                                                                                                                                                                                                                                                                                                                        Legal Document 90 Filed: 2/8/2007, Entered: 2/8/2007 Discovery HearingCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                        EP: Discovery Conference held on 2/8/2007. (Court Reporter Courtroom 7-No Record) (Judge LESLIE E KOBAYASHI )(wnn, )
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                                                                                                                                                                                                                                                                                                                                                                                                          Blank 89 Filed: 2/7/2007, Entered: 2/7/2007 Set Deadlines/Hearings:Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                          EO: Discovery Conference set for 2/8/2007 at 01:30 PM before JUDGE LESLIE E KOBAYASHI. (Judge LESLIE E KOBAYASHI )(wnn, )
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                                                                                                                                                                                                                                                                                                                                                                                                            Legal Document 87 Filed: 2/5/2007, Entered: 2/5/2007 LinkCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                            EO: Court's Discovery Order (Judge LESLIE E KOBAYASHI )(wnn, )
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                                                                                                                                                                                                                                                                                                                                                                                                              Legal Document 85 Filed: 12/18/2006, Entered: 12/18/2006 Stipulation and OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                              STIPULATION To Continue Discovery Deadline; ORDER [Deadline due date 01/30/2007]. Signed by Chief Judge HELEN GILLMOR on December 18, 2006. (bbb, )
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                                                                                                                                                                                                                                                                                                                                                                                                                Legal Document 84 Filed: 12/12/2006, Entered: 12/13/2006 Certificate Of Service.
                                                                                                                                                                                                                                                                                                                                                                                                                CERTIFICATE OF SERVICE by Raymond Ware re: Plaintiff's Notice of Taking Depositions Upon Oral Examination. (bbb, )
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                                                                                                                                                                                                                                                                                                                                                                                                                  Legal Document 83 Filed: 11/14/2006, Entered: 11/14/2006 Certificate Of Service.
                                                                                                                                                                                                                                                                                                                                                                                                                  CERTIFICATE OF SERVICE by Raymond Ware re: Pltf's Notice of Taking Depo Exam. (bbb, )
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                                                                                                                                                                                                                                                                                                                                                                                                                    Legal Document 82 Filed: 9/25/2006, Entered: 9/25/2006 Scheduling OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                    AMENDED RULE 16 SCHEDULING ORDER: Signed by Judge LESLIE E KOBAYASHI on 09/22/06. (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                      Blank -- Filed: 9/25/2006, Entered: 9/25/2006 Court's Certificate of Service
                                                                                                                                                                                                                                                                                                                                                                                                                      COURT'S CERTIFICATE of Service - a copy of [82] AMENDED RULE 16 SCHEDULING ORDER, has been served upon Daphne E. Barbee, Esq. and upon Thomas A. Helper, Esq. who as Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 81 Filed: 9/22/2006, Entered: 9/22/2006 Set HearingsCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                        EO: Final Pretrial Conference set for 4/16/2007 at 09:00 AM is moved up to 4/3/2007 at 09:00 AM before JUDGE LESLIE E KOBAYASHI. Final Pretrial Statements are now due 3/27/2006. (Judge LESLIE E KOBAYASHI )(wnn, )
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                                                                                                                                                                                                                                                                                                                                                                                                                          Legal Document 80 Filed: 9/21/2006, Entered: 9/21/2006 Set Deadlines/Hearings:Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                          EO: New trial date and deadlines given. Amended Rule 16 Scheduling Order to be issued. Jury Selection/Trial set for 09:30 AM on 5/15/2007 before JUDGE HELEN GILLMOR. Final Pretrial Conference set for 4/16/2007 09:00 AM before JUDGE LESLIE E KOBAYASHI. Final Pretrial Conference set for 5/4/2007 08:30 AM before JUDGE HELEN GILLMOR. Discovery due by 12/11/2006. (Judge LESLIE E KOBAYASHI )(wnn, )
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                                                                                                                                                                                                                                                                                                                                                                                                                            Legal Document 79 Filed: 9/18/2006, Entered: 9/21/2006 Terminate MotionsCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                            EP: Motions terminated: [67] Federal Defendants' Motion to Dismiss and For Summary Judgment. The Defendants' MOTION TO DISMISS AND FOR SUMMARY JUDGMENT is GRANTED IN PART (a)and DENIED IN PART (b) as follows: (a) The defendants' unopposed request for substitution of Michael Cherthoff, Secretary of the Department of Homeland Security, in his official capacity, as the sole federal defendant is GRANTED; the caption in this case is modified to reflect this change; all other defendants are DISMISSED as parties; (b) The remainder of Defendants' motion is DENIED WITHOUT PREJUDICE at this time; after the close of discovery, the parties may file new dispositive motions in accordance with the newly-amended Scheduling Order;Plaintiff's REQUEST under Rule 56(f) for more time to conduct discovery is GRANTED, based on the pending appeal before the Ninth Circuit and the specific additional information sought by Plaintiff.Plaintiff's REQUEST for extension of the discovery deadline is GRANTED; the Amended Scheduling Order (Doc. 55) is MODIFIED as follows:Discovery due by 12/11/2006. Final Pretrial Conference set for 4/16/2007 at 9:00 AM in Courtroom 7 before JUDGE LESLIE E KOBAYASHI. Final Pretrial Conference set for 5/4/2007 at 8:30 AM in Aha Nonoi before JUDGE HELEN GILLMOR. Jury Selection/Trial set for 9:30 AM on 5/15/2007 in Aha Nonoi before JUDGE HELEN GILLMOR. All other unexpired deadlines will be reissued by the Magistrate Judge.(Court Reporter Stephen Platt) (Judge HELEN GILLMOR)(mrf)
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                                                                                                                                                                                                                                                                                                                                                                                                                              Legal Document 78 Filed: 9/14/2006, Entered: 9/15/2006 Supplement
                                                                                                                                                                                                                                                                                                                                                                                                                              SUPPLEMENTAL Response to Defendant's Summary Judgment and Amended Motion to Continue re [73], by Raymond Ware. (Attachments: # (1) Declaration of Plaintiff# (2) Declaration of Counsel# (3) Exhibit 24# (4) Exhibit 25# (5) Exhibit 26# (6) Certificate of Service)(gls, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                Legal Document 77 Filed: 9/13/2006, Entered: 9/13/2006 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                ORDER DENYING [65] PLAINTIFF'S APPEAL AND AFFIRMING [64] ORDER DENYING PLAINTIFF'S SECOND MOTION TO COMPEL DISCOVERY - Signed by Judge HELEN GILLMOR on 09/13/06. (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank -- Filed: 9/13/2006, Entered: 9/13/2006 Court's Certificate of Service
                                                                                                                                                                                                                                                                                                                                                                                                                                  COURT'S CERTIFICATE of Service - a copy of [77] ORDER DENYING PLAINTIFF'SAPPEAL AND AFFIRMING ORDER DENYING PLAINTIFF'S SECOND MOTION TO COMPEL DISCOVERY, has been served upon counsel of record who, as Registered Participants of CM/ECF, received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                    Legal Document 76 Filed: 9/7/2006, Entered: 9/7/2006 Reply
                                                                                                                                                                                                                                                                                                                                                                                                                                    REPLY re [67] MOTION for Summary Judgment Federal Defendants' Motion to Dismiss and For Summary Judgment; Certificate of Service Reply Memorandum in Support of Federal Defendants' Motion to Dismiss and for Summary Judgment filed by Department of Homeland Security. (Attachments: # (1) Table of Contents# (2) Table of Authorities# (3) Declaration Second Declaration of Pete Marcello# (4) Declaration of Allison Vasper# (5) Exhibit A (corrected copy))(Helper, Thomas)
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                                                                                                                                                                                                                                                                                                                                                                                                                                      Legal Document 75 Filed: 8/30/2006, Entered: 9/3/2006 Amended Document
                                                                                                                                                                                                                                                                                                                                                                                                                                      AMENDED DOCUMENT by Raymond Ware: Amendment to [73] Memorandum in Opposition to [67] Federal Defendants' MOTION to Dismiss and for Summary Judgment; certificate of service (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                        Legal Document 74 Filed: 8/28/2006, Entered: 8/28/2006 Concise Statement in Opposition to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                        Plaintiff Raymond Ware's CONCISE STATEMENT OF FACTS in Opposition re [67] Defendants' MOTION for Summary Judgment. (Attachments: # (1) Declaration of Raymond Ware; exhibits 1-18 # (2) Exhibit 1 # (3) Exhibit 2 # (4) Exhibit 3 # (5) Exhibit 4 # (6) Exhibit 5 # (7) Exhibit 6 # (8) Exhibit 7 # (9) Exhibit 8 # (10) Exhibit 9 # (11) Exhibit 10 # (12) Exhibit 11 # (13) Exhibit 12 # (14) Exhibit 13 # (15) Exhibit 14 # (16) Exhibit 15 # (17) Exhibit 16 # (18) Exhibit 17 # (19) Exhibit 18 # (20) Declaration of Counsel; exhibits 19-23 # (21) Exhibit 19 # (22) Exhibit 20 # (23) Exhibit 21 # (24) Exhibit 22 # (25) Exhibit 23 # (26) Certificate of Compliance # (27) Certificate of Service) (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                        Legal Document 73 Filed: 8/28/2006, Entered: 8/28/2006 Memorandum in Opposition to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                        Plaintiff Raymond Ware's MEMORANDUM in Opposition re [67] Federal Defendants' Motion to Dismiss and for Summary Judgment. (Attachments: # (1) Certificate of Service)(afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                          Legal Document 72 Filed: 7/13/2006, Entered: 7/13/2006 Terminate Motions
                                                                                                                                                                                                                                                                                                                                                                                                                                          EO: Motions terminated: [70] The Plaintiff's Motion to Continue Hearing Date on Defendants' Motion for Summary Judgment is rendered moot. The parties have stipulated to continue the hearing on [67] Federal Defendants' Motion to Dismiss and for Summary Judgment from July 31, 2006 to September 18, 2006 at 9:45 a.m. in Ana Nonoi before the Honorable Helen Gillmor. (dhh)
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                                                                                                                                                                                                                                                                                                                                                                                                                                            Legal Document 71 Filed: 7/12/2006, Entered: 7/12/2006 Certificate Of Service.
                                                                                                                                                                                                                                                                                                                                                                                                                                            CERTIFICATE OF SERVICE by Department of Homeland Security (Federal Defendants' Responses to Plaintiff's Fourth Request for Production of Documents) (Helper, Thomas)
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                                                                                                                                                                                                                                                                                                                                                                                                                                              Legal Document 70 Filed: 6/28/2006, Entered: 6/28/2006, Terminated: 7/13/2006 Motion to Continue
                                                                                                                                                                                                                                                                                                                                                                                                                                              MOTION to Continue Hearing Date on Defendants Motion for Summary Judgment - by plaintiff Raymond Ware. (Attachments: # (1) Declaration of Counsel # (2) Exhibit 1 # (3) Exhibit 2 # (4) Exhibit 3 # (5) Exhibit 4 # (6) Exhibit 5 # (7) Certificate of Service)(afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 69 Filed: 6/16/2006, Entered: 6/16/2006 Notice of Hearing on Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                NOTICE of Hearing on Motion [67] MOTION for Summary Judgment Federal Defendants' Motion to Dismiss and For Summary Judgment; Certificate of Service: Motion Hearing set for 7/31/2006 09:45 AM in Aha Nonoi before JUDGE HELEN GILLMOR. (dhh)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                  Legal Document 68 Filed: 6/14/2006, Entered: 6/14/2006 Concise Statement in Support of Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                  CONCISE STATEMENT in Support re [67] MOTION for Summary Judgment Federal Defendants' Motion to Dismiss and For Summary Judgment; Certificate of Service Concise Statement in Support of Federal Defendants' Motion to Dismiss and For Summary Judgment; Certificate of Service filed by Department of Homeland Security. (Attachments: # (1) Declaration of Kenneth K. Kamahele# (2) Declaration of Pete Marcello# (3) Declaration of Thomas A. Helper# (4) Exhibit "A"# (5) Exhibit "B"# (6) Exhibit "C)(Helper, Thomas)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                    Legal Document 67 Filed: 6/14/2006, Entered: 6/14/2006, Terminated: 9/18/2006 Motion for Summary Judgment
                                                                                                                                                                                                                                                                                                                                                                                                                                                    MOTION for Summary Judgment Federal Defendants' Motion to Dismiss and For Summary Judgment; Certificate of Service by Department of Homeland Security. (Attachments: # (1) Memorandum In Support of Federal Defendants' Motion to Dismiss and For Summary Judgment)(Helper, Thomas)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                      Legal Document 66 Filed: 6/9/2006, Entered: 6/9/2006 MemorandumCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                      MEMORANDUM re [65] Appeal of Magistrate Judge Decision to District Court, Defendant's Memorandum in Opposition to Plaintiff's Appeal of Magistrate Judge's Order Denying Second Motion to Compel Discovery Dated 5-20-2006; Certificate of Service filed by Department of Homeland Security. (Helper, Thomas)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                        Legal Document 65 Filed: 5/30/2006, Entered: 5/30/2006, Terminated: 9/13/2006 Appeal of Magistrate Judge Decision to District Co
                                                                                                                                                                                                                                                                                                                                                                                                                                                        Plaintiff Raymond Ware's STATEMENT OF APPEAL OF MAGISTRATE JUDGE DECISION to District Court re [64] Order denying Plaintiff's Second Motion to Compel Discovery (Attachments: # (1) Exhibit 1 # (2) Exhibit 2 # (3) Exhibit 3 - Part 1 of Exhibit 3 # (4) Exhibit 3 - Part 2 of Exhibit 3 # (5) Exhibit 3 - Part 3 of Exhibit 3 # (6) Exhibit 4 # (7) Exhibit 5 # (8) Certificate of Service)(afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                          Legal Document 64 Filed: 5/20/2006, Entered: 5/20/2006 Order on Motion to CompelCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                          ORDER denying [50] Plaintiff's Second Motion to Compel Discovery - Signed by Judge LESLIE E KOBAYASHI on 05/19/06. (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank -- Filed: 5/20/2006, Entered: 5/20/2006 Court's Certificate of Service
                                                                                                                                                                                                                                                                                                                                                                                                                                                            COURT'S CERTIFICATE of Service - a copy of [64] ORDER DENYING PLAINTIFF'S SECOND MOTION TO COMPEL DISCOVERY, has been served upon counsel of record who, as Registered Participants of CM/ECF, received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                              Legal Document 63 Filed: 5/15/2006, Entered: 5/16/2006 Motion HearingCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                              EP: Motion Hearing held on 5/15/2006 re [50] Second MOTION to Compel filed by Raymond Ware,, Motions Taken Under Advisement: [50] MOTION to Compel. (Court Reporter FTR-Courtroom 7; Time: 9:31-10:01) (Judge LESLIE E KOBAYASHI )(wnn, ) Modified on 5/17/2006 to include time of hearing (afc).
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                Legal Document 62 Filed: 5/8/2006, Entered: 5/9/2006 Supplement
                                                                                                                                                                                                                                                                                                                                                                                                                                                                SUPPLEMENT AUTHORITY in Support of [50] Plaintiff's Second Motion to Compel Discovery - filed by plaintiff (Attachments: # (1) Exhibit 8 # (2) Exhibit 9 # (3) Exhibit 10 # (4) Certificate of Service)(afc) Modified on 5/9/2006 to note that because of obscurity of portions of the exhibit(s), this document will be placed in the case file (afc).
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Legal Document 61 Filed: 5/5/2006, Entered: 5/5/2006 LinkCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                  EO: Court's Order re [41] MOTION to Compel. (Judge LESLIE E KOBAYASHI )(wnn, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Legal Document 60 Filed: 5/5/2006, Entered: 5/5/2006 Status ConferenceCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                    EP: Status Conference held on 5/5/2006. (Court Reporter Courtroom 7-No Record) (Judge LESLIE E KOBAYASHI )(wnn, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Legal Document 59 Filed: 5/4/2006, Entered: 5/4/2006 Reply to Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                      REPLY MEMORANDUM to Federal defendants' Memorandum in Opposition to plaintiff's Motion: re [50] Second MOTION to Compel Discovery - filed by Raymond Ware. (Attachments: # (1) Declaration of Counsel # (2) Exhibit 4 # (3) Exhibit 5 # (4) Certificate of Service)(afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 58 Filed: 4/28/2006, Entered: 4/28/2006 Set HearingsCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                        EO: Status Conference Re: Motion to Compel set for 5/1/2006 at 09:30 AM is continued to 5/5/2006 at 02:00 PM before JUDGE LESLIE E KOBAYASHI. (Judge LESLIE E KOBAYASHI )(wnn, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Legal Document 57 Filed: 4/27/2006, Entered: 4/27/2006 Objection
                                                                                                                                                                                                                                                                                                                                                                                                                                                                          OBJECTION re [41] MOTION to Compel Federal Defendants' Opposition to Plaintiff's Second Motion to Compel Discovery; Exhibit A; Certificate of Service filed by Sidney A. Hayakawa. (Attachments: # (1) Exhibit A)(Helper, Thomas)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 56 Filed: 4/27/2006, Entered: 4/27/2006 Set HearingsCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                            EO: Status Conference Re: Motion to Compel set for 5/1/2006 at 09:30 AM before JUDGE LESLIE E KOBAYASHI. (Judge LESLIE E KOBAYASHI )(wnn, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Legal Document 55 Filed: 4/3/2006, Entered: 4/3/2006 Scheduling OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Amended Rule 16 SCHEDULING ORDER:. Signed by Judge LESLIE E KOBAYASHI on 4/3/2006. (gab, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Legal Document 54 Filed: 3/29/2006, Entered: 3/29/2006 Rule 16 Scheduling ConferenceCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                EP: Status Conference Re: Trial Date and Deadlines held on 3/29/2006. New dates given. Jury Selection/Trial set for 09:00 AM on 11/14/2006 before JUDGE HELEN GILLMOR. Final Pretrial Conference set for 10/3/2006 09:00 AM before JUDGE LESLIE E KOBAYASHI. Final Pretrial Conference set for 11/3/2006 08:30 AM before JUDGE HELEN GILLMOR. Motions due by 6/14/2006. Discovery due by 9/15/2006. (Court Reporter Courtroom 7-No Record) (Judge LESLIE E KOBAYASHI )(wnn )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 53 Filed: 3/29/2006, Entered: 3/29/2006 Set Motion Deadlines/Hearings (inc F&R)Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  EO: Set Deadlines/Hearing as to [50] Second MOTION to Compel: Motion Hearing set for 4/24/2006 at 09:30 AM is continued to 5/15/2006 at 09:30 AM before JUDGE LESLIE E KOBAYASHI. (Judge LESLIE E KOBAYASHI )(wnn )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 51 Filed: 3/24/2006, Entered: 3/24/2006 Set Motion Deadlines/Hearings (inc F&R)Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    EO: Set Deadlines/Hearing as to [50] Second MOTION to Compel Discovery: Motion Hearing set for 4/24/2006 09:30 AM before JUDGE LESLIE E KOBAYASHI. (Judge LESLIE E KOBAYASHI )(wnn )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Legal Document 52 Filed: 3/23/2006, Entered: 3/24/2006 Certificate Of Service.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      CERTIFICATE OF SERVICE by Raymond Ware (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Legal Document 50 Filed: 3/20/2006, Entered: 3/21/2006, Terminated: 5/20/2006 Motion to Compel
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        SECOND MOTION to Compel Discovery - by Raymond Ware. (Attachments: # (1) Declaration of Counsel, Daphne E. Barbee # (2) Memorandum of Law # (3) Exhibit 1 ( Part 1 of 2 parts) # (4) Exhibit 1 (Part 2 of 2 parts) # (5) Exhibit 2 # (6) Exhibit 3 # (7) Certificate of Service)(afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 49 Filed: 3/8/2006, Entered: 3/8/2006 Terminate HearingsCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          EO: Settlement Conference set for 3/29/2006 at 02:00 PM before Judge Leslie E. Kobayashi is Vacated. Status Conference set for 3/29/2006 at 02:00 PM before JUDGE LESLIE E KOBAYASHI. (Judge LESLIE E KOBAYASHI )(wnn )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Legal Document 47 Filed: 1/13/2006, Entered: 1/13/2006 Motion HearingCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            EP: Motion Hearing held on 1/13/2006 re [41] MOTION to Compel filed by Raymond Ware,. (Court Reporter FTR-Courtroom 7.) (Judge LESLIE E KOBAYASHI )(wnn, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Legal Document 46 Filed: 1/12/2006, Entered: 1/12/2006 LinkCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              EO: Court's Inclination re [41] MOTION to Compel filed by Raymond Ware, (Judge LESLIE E KOBAYASHI )(wnn, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 45 Filed: 1/6/2006, Entered: 1/6/2006 Set HearingsCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                EO: Settlement Conference set for 2/1/2006 02:00 PM is continued to 3/29/2006 02:00 PM before JUDGE LESLIE E KOBAYASHI. Parties notified. (Judge LESLIE E KOBAYASHI )(wnn, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Legal Document 44 Filed: 1/3/2006, Entered: 1/5/2006 Reply to Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  REPLY to Federal Defendants' MEMORANDUM IN OPPOSITION to Motion: re [41] MOTION to Compel - filed by Raymond Ware. (Attachments: # (1) Exhibit 1# (2) Exhibit 2# (3) Exhibit 3# (4) Exhibit 4# (5) Exhibit 5# (6) Certificate of Service)(afc, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 43 Filed: 12/28/2005, Entered: 12/30/2005 Memorandum in Opposition to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Federal Defendants Sidney A. Hayakawa, Ken Kamahele, Transportation Security Administration, Thomas J. Ridge, Department of Homeland Security's MEMORANDUM in Opposition to Plaintiff's [41] MOTION to Compel discovery; declaration of Thomas A. Helper; exhibits a through d; certificate of service. (bbb, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Legal Document 42 Filed: 12/23/2005, Entered: 12/27/2005 Memorandum in Opposition to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Former defendant Lockheed-Martin Corporation's MEMORANDUM in Opposition to plaintiff's motion: re [41] MOTION to Compel (Attachments: #1) Declaration of Steven M. Nakashima #(2) Exhibit A #3) Certificate of Service)(afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 41 Filed: 12/12/2005, Entered: 12/12/2005, Terminated: 1/13/2006 Motion to Compel
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Notice of Motion; MOTION to Compel Discovery by Raymond Ware; Declaration of Counsel; Exhibits A-F; Memorandum of Law; Certificate of Service (1/13/2006 @ 9:00 a.m. (LEK)) (gab, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank -- Filed: 12/12/2005, Entered: 12/12/2005 Notice of Hearing on Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          NOTICE of Hearing on Motion [41] MOTION to Compel: Motion Hearing set for 1/13/2006 09:00 AM in Courtroom 7 before JUDGE LESLIE E KOBAYASHI. (gab, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 40 Filed: 12/5/2005, Entered: 12/6/2005 Certificate Of Service.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            CERTIFICATE OF SERVICE re: plaintiff's 3rd request for production of documents to Federal defendants - filed by Raymond Ware (afc, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 39 Filed: 11/23/2005, Entered: 11/25/2005 Certificate Of Service.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              CERTIFICATE of service by Federal defendants (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 38 Filed: 11/23/2005, Entered: 11/25/2005 Certificate Of Service.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                CERTIFICATE of service - by Federal defendants (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 37 Filed: 11/9/2005, Entered: 11/13/2005 Stipulation and OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  STIPULATED PROTECTIVE ORDER regarding release of personnel files and EEO files protected by the Privacy Act; ORDER by Mag Judge Leslie E. Kobayashi - filed by Federal Defendants (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 36 Filed: 10/5/2005, Entered: 10/5/2005 Certificate Of Service.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    CERTIFICATE of service by plaintiff (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 35 Filed: 10/4/2005, Entered: 10/4/2005 Certificate Of Service.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      CERTIFICATE of service by plaintiff Raymond Ware (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 34 Filed: 9/30/2005, Entered: 10/1/2005 Notice of Dismissal
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        NOTICE OF DISMISSAL of all claims with prejudice as to defendant Lockheed-Martin - filed by plaintiff (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 33 Filed: 9/26/2005, Entered: 9/29/2005 Answer
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          ANSWER by Federal defendants [defendant Sidney A. Hayakawa, defendant Ken Kamahele, defendant Thomas J. Ridge, Secretary, Deparment of Homeland Security] to first amended complaint [27-1]; certificate of service (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 32 Filed: 9/16/2005, Entered: 9/16/2005 Certificate Of Service.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            CERTIFICATE of service by plaintiff (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 31 Filed: 9/16/2005, Entered: 9/16/2005 Scheduling OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              AMENDED RULE 16 SCHEDULING ORDER Mag Judge Leslie E. Kobayashi (cc: all counsel) (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 30 Filed: 9/12/2005, Entered: 9/13/2005 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                EP: Trial Re-Setting Conference held. New trial date and deadlines given. Amended Rule 16 Scheduling Order to be issued. 1. Jury trial on August 1, 2006 at 9:00 a.m. before HG 2. Final Pretrial Conference on June 20, 2006 at 9:00 a.m. before LEK 3. Final Pretrial Conference before District Judge Helen Gillmor on July 21, 2006 at 8:30a.m. 4. Final Pretrial Statement by June 13, 2006 5. File motions to Join/Add Parties/Amend Pleadings by December 30, 2005 6. File other Non-Dispositive Motions by May 3, 2006 7. File Dispositive Motions by March 1, 2006 8a. File Motions in Limine by July 11, 2006 8b. File opposition memo to a Motion in Limine by July 18, 2006 11a. Plaintiff's Expert Witness Disclosures by January 30, 2006 11b. Defendant's Expert Witness Disclosures by March 1, 2006 12. Discovery deadline June 2, 2006 13. Settlement Conference set for February 1, 2006 at 2:00 p.m. before LEK 14. Settlement Conference statements by January 25, 2006 20. Submit Voir Dire Questions, Special Verdict Form, Concise Statement of Case and Jury Instructions by July 18, 2006 21. File Final witness list by July 11, 2006 24. Exchange Exhibit and Demonstrative aids by July 5, 2006 25. Stipulations re: Authenticity/Admissibility of Proposed Exhibits by July 11, 2006 26. File objections to the Exhibits by July 18, 2006 28a. File Deposition Excerpt Designations by July 11, 2006 28b. File Deposition Counter Designations and Objections by July 18, 2006 29. File Trial Brief by July 18, 2006 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. [rule 16 scheduling conference held on 9:00 9/12/05 before Mag Judge Leslie E. Kobayashi ; Jury Trial set for 9:00 8/1/06 before Judge Helen Gillmor ; final pretrial conference set for 9:00 6/20/06 before Mag Judge Leslie E. Kobayashi ; Final Pretrial conference set for 8:30 7/21/06 before Judge Helen Gillmor ; Discovery ddl set for 6/2/06; Motion filing ddl set for 3/1/06; settlement conference set for 2:00 2/1/06 before Mag Judge Leslie E. Kobayashi] (Ct Rptr: C7-No Record) JUDGE Mag Judge Leslie E. Kobayashi (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 28 Filed: 7/28/2005, Entered: 7/30/2005 Service - Miscellaneous
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  RETURN OF SERVICE - service of [First Amended Complaint and Summons] executed upon defendant LOCKHEED-MARTIN; served through its Agent CSC Services of Hawaii, Inc. & signed by Warren Kaneshiro, Clerk/Agent with CSC Services; date of service: 7/27/05 (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 29 Filed: 7/27/2005, Entered: 8/2/2005 Service - Miscellaneous
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    RETURN OF SERVICE executed upon defendant Sidney A. Hayakawa on 7/26/05 thru US Attys at 300 Ala Moana Blvd by Cindy Shifflett, paralegal asst (eps)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 27 Filed: 7/26/2005, Entered: 7/30/2005 Amended Complaint
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      FIRST AMENDED COMPLAINT and first amended summons [1-1] by plaintiff Raymond Ware - TERMINATING defendant John Does 1-5; ADDING defendant LOCKHEED-MARTIN [substituted for John Doe 1 in the Original Complaint]; ADDING John Does [2 - 5] - summons issued (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 26 Filed: 7/25/2005, Entered: 7/30/2005 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        EP: Status Conference Re: Trial Date and Deadlines held. Plaintiff's Motion to File First Amended Complaint set for 9:00 7/27/05, LEK is vacated and terminated. Motion Granted. First Amended Complaint to be filed by 8/1/05. Trial date and all deadlines are Vacated. Trial Re-Setting Conference set for 9:00 9/12/05, LEK. cc: all counsel re-setting conference set for 9:00 9/12/05 before Mag Judge Leslie E. Kobayashi (Ct Rptr: C7-No Record; Time: 9:07-9:10) JUDGE Mag Judge Leslie E. Kobayashi (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 25 Filed: 7/8/2005, Entered: 7/11/2005 Response/Reply - Miscellaneous
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Defendants' STATEMENT regarding plaintiff's motion for leave to file first amended complaint; certificate of service [22-1] (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 24 Filed: 7/7/2005, Entered: 7/8/2005 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            EO: Status Conference Re: Trial Date and Other Deadlines set for 07/25/2005 09:00:00 AM before LEK. Thomas A. Helper to notify Daphnee E. Barbee. () JUDGE Mag Judge Leslie E. Kobayashi (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 23 Filed: 7/5/2005, Entered: 7/6/2005 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              EO: Settlement Conference set for 07/27/2005 09:30:00 AM before LEK is Vacated, continued until moved upon by the parties. () JUDGE Mag Judge Leslie E. Kobayashi (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 22 Filed: 6/17/2005, Entered: 6/20/2005 Motion to Amend/CorrectCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                NOTICE OF MOTION and motion by plaintiff to file first amended complaint ; declaration of counsel; exhibit A; certificate of service - set for 9:00 7/27/05 before Mag Judge Leslie E. Kobayashi (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 21 Filed: 6/13/2005, Entered: 6/13/2005 Certificate Of Service.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  CERTIFICATE of service - by Federal defendants (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 20 Filed: 6/2/2005, Entered: 6/6/2005 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    EO: Continued : [Settlement Conference] from 07/25/2005 01:30:00 PM to 07/27/2005 09:30:00 AM before LEK. Confidential Settlement Conference Statements are now due 7/20/05. cc: all counsel () JUDGE Mag Judge Leslie E. Kobayashi (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 19 Filed: 6/1/2005, Entered: 6/6/2005 Stipulation and OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      STIPULATION to amend Rule 16 Scheduling Order and ORDER by Mag Judge Leslie E. Kobayashi - filed by plaintiff - MOTION TO AMEND Additional Parties or Amend Pleadings extended up to July 30, 2005 [14-1] (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 18 Filed: 5/17/2005, Entered: 5/19/2005 Certificate Of Service.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        CERTIFICATE of service by plaintiff (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 17 Filed: 5/17/2005, Entered: 5/19/2005 Certificate Of Service.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          CERTIFICATE of service by plaintiff (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 16 Filed: 4/22/2005, Entered: 4/26/2005 Certificate Of Service.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            CERTIFICATE of service - by Federal defendants (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Sealed Legal Document 15 Filed: 3/8/2005, Entered: 3/10/2005 Certificate Of Service.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              CERTIFICATE of service by plaintiff Raymond Ware (sealed)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 14 Filed: 2/8/2005, Entered: 2/11/2005 Scheduling OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                RULE 16 SCHEDULING ORDER Mag Judge Leslie E. Kobayashi (cc: all counsel) (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 13 Filed: 2/7/2005, Entered: 2/8/2005 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  EP: Rule 16 Scheduling Conference held. 1. Jury trial on December 13, 2005 at 9:00 a.m. before HG 2. Final Pretrial Conference on November 1, 2005 at 9:00 a.m. before LEK 3. Final Pretrial Conference before District Judge Helen Gillmor on December 2, 2005 at 8:30a.m. 4. Final Pretrial Statement by October 25, 2005 5. File motions to Join/Add Parties/Amend Pleadings by May 13, 2005 6. File other Non-Dispositive Motions by September 14, 2005 7. File Dispositive Motions by July 13, 2005 8a. File Motions in Limine by November 22, 2005 8b. File opposition memo to a Motion in Limine by November 29, 2005 11a. Plaintiff's Expert Witness Disclosures by June 13, 2005 11b. Defendant's Expert Witness Disclosures by July 13, 2005 12. Discovery deadline October 14, 2005 13. Settlement Conference set for July 25, 2005 at 1:30 p.m. before LEK 14. Settlement Conference statements by July 18, 2005 20. Submit Voir Dire Questions, Special Verdict Form, Concise Statement of Case and Jury Instructions by November 29, 2005 21. File Final witness list by November 22, 2005 24. Exchange Exhibit and Demonstrative aids by November 15, 2005 25. Stipulations re: Authenticity/Admissibility of Proposed Exhibits by November 22, 2005 26. File objections to the Exhibits by November 29, 2005 28a. File Deposition Excerpt Designations by November 22, 2005 28b. File Deposition Counter Designations and Objections by November 29, 2005 29. File Trial Brief by November 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. [rule 16 scheduling conference held on 9:00 2/7/05 before Mag Judge Leslie E. Kobayashi ; Jury Trial set for 9:00 12/13/05 before Judge Helen Gillmor ; final pretrial conference set for 9:00 11/1/05 before Mag Judge Leslie E. Kobayashi ; Final Pretrial conference set for 8:30 12/2/05 before Judge Helen Gillmor ; Discovery ddl set for 10/14/05; Motion filing ddl set for 7/13/05; settlement conference set for 1:30 7/25/05 before Mag Judge Leslie E. Kobayashi] (Ct Rptr: C7-No Record) JUDGE Mag Judge Leslie E. Kobayashi (afc) Modified on 05/27/2005
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 12 Filed: 2/3/2005, Entered: 2/6/2005 Scheduling Conference Statement
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    SCHEDULING CONFERENCE STATEMENT; certificate of service - by plaintiff (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 11 Filed: 1/31/2005, Entered: 2/1/2005 Scheduling Conference Statement
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      SCHEDULING CONFERENCE STATEMENT by Federal defendants (Sidney Hayakawa, Ken Kamahele, Thomas J. Ridge, Dept of Homeland Security); certificate of service (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 10 Filed: 1/31/2005, Entered: 2/1/2005 Answer
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        ANSWER by defendant Sidney A. Hayakawa, defendant Ken Kamahele, defendant Thomas J. Ridge and by defendant Department of Homeland Security to complaint; certificate of service [1-1] (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 9 Filed: 1/31/2005, Entered: 2/1/2005 Report of Planning Meeting
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          REPORT OF PARTIES PLANNING MEETING; certificate of service - by plaintiff (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 8 Filed: 1/25/2005, Entered: 1/26/2005 Stipulation and OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            STIPULATION to extend time to answer complaint ; ORDER by Mag Judge Leslie E. Kobayashi - filed by USA - Federal defendants shall have up to and including 1/31/05 within whic to answer or otherwise respond to the complaint (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 7 Filed: 1/14/2005, Entered: 1/18/2005 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              EO: Plaintiff Raymond Ware's ("Plaintiff") Motion for Entry of Default Filed January 12, 2005 is hereby DISMISSED WITHOUT PREJUDICE. Federal Rule of Civil Procedure 55(a) states that a default shall be entered when the defendant has failed to plead or otherwise defend the action. A motion for entry of default is properly denied where service upon the defendants was insufficient. See Jenks v. Henys, 378 F.2d 334, 335 (9th Cir. 1967). In the instant case, Plaintiff did not complete service upon the defendants, who are officers and agencies of the United States, according to the terms of Rule 4(i)(1)-(2) of the Federal Rules of Civil Procedure. Any future requests for entry of default may be presented to the Clerk of the Court pursuant to Rule 55(a). cc: all counsel [6-1] () JUDGE Mag Judge Leslie E. Kobayashi (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 6 Filed: 1/12/2005, Entered: 1/13/2005 Clerks Entry of Default*Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                MOTION by plaintiff for entry of default against defendants; declaration of counsel; exhibits 1-3; certificate of service - referred to Mag Judge Leslie E. Kobayashi (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 5 Filed: 11/17/2004, Entered: 11/18/2004 Service - Miscellaneous
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  RETURN OF SERVICE - service of complaint and summons executed; served documents on TSA Attorney, Martha Buxton who accepted service for SIDNEY HAYAKAWA; notation (presumably by attorney Buxton: "Please Note - Not proper service. Needs to be served on head of Agency & US Attorney"); date of service: 11/16/04 (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 4 Filed: 11/17/2004, Entered: 11/18/2004 Service - Miscellaneous
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    RETURN OF SERVICE - service of complaint and summons executed; served documents on TSA Attorney, Martha Buxton who accepted service for KEN KAMAHELE; notation (presumably by attorney Buxton: "Please Note - Not proper service. Needs to be served on head of Agency & US Attorney); date of service: 11/16/04 (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 3 Filed: 11/17/2004, Entered: 11/18/2004 Service - Miscellaneous
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      RETURN OF SERVICE - service of complaint and summons executed upon U.S. Attorney's office/Hawaii; service accepted by Stephen Lehto, receptionist; date of service: 11/16/04 (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 2 Filed: 11/12/2004, Entered: 11/12/2004 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        ORDER by Judge David A. Ezra rule 16 conference set for 9:00 2/7/05 before Mag Judge Leslie E. Kobayashi (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 1 Filed: 11/12/2004, Entered: 11/12/2004 Complaint
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          COMPLAINT; jury demand; summons (Summons issued) (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank -- Filed: 11/12/2004, Entered: 11/12/2004 Filing Fee Received
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            FILING FEE PAID in the amount of $ 150.00, receipt # 226237 (afc)
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