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05-683 - Tongson, et al v. Housing and Human, et al


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05-683 - Tongson, et al v. Housing and Human, et al
December 1, 2006
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ORDER Striking Tongson's Declaration of November 30, 2006 87 - Signed by Judge SUSAN OKI MOLLWAY on 12/1/06. (emt, )
December 15, 2006
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ORDER Granting in Part and Denying in Part [Defendants' Motion for Summary Judgment 61 62 . Signed by Judge SUSAN OKI MOLLWAY on 12/15/06. [Court grants in part anddenies in part Defendants' motions for summary judgment. Thisorder leaves the following claims for future adjudication:(1) certain retaliation claims by Tongson, Nemoto, and Javieragainst the County, and by Nemoto and Javier against Lee in herofficial capacity, under Section 1983 based on the First Amendment andunder the HWPA; (2) certain IIED claims by Tongson against theCounty, IIED claims by Tongson, Nemoto, and Javier against Lee inher individual capacity, and IIED claims by Tongson against Stebbins in her individual capacity; (3) Tongson's claim againstthe County for breach of implied contract; and (4) punitivedamage claims against the individual Defendants.] (ecs, )
January 26, 2007
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ORDER GRANTING IN PART AND DENYING IN PART 92 DEFENDANTS' MOTION FOR RECONSIDERATION AND CLARIFICATION OF ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT - Signed by Judge SUSAN OKI MOLLWAY on 1/26/07. [The court grants in part and denies in part Defendants' motion. This order leaves the following claims for future adjudication: (1) certain retaliation claims by Tongson and Nemoto against the County, and by Nemoto against Lee in her official capacity, under 42 U.S.C. 1983 based on the First Amendment and under the HWPA; (2) certain IIED claims by Tongson, Nemoto, and Javier against Lee in her individual capacity, and IIED claims by Tongson against Stebbins in her individual capacity; (3) Tongson's claim against the County for breach of implied contract; and (4) punitive damage claims against the individual Defendants.] (emt, )
August 15, 2007
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ORDER GRANTING DEFENDANTS MOTION FOR SUMMARY JUDGMENT ON ALL REMAINING CLAIMS 184. Signed by Judge BARRY M. KURREN on 8/15/07. [Defendants motion for summary judgment as to the Plaintiffs remaining claims is hereby GRANTED. In particular, summary judgment is granted as to: (1) Tongson and Nemotos First Amendment retaliation claims against the County for retaliatory acts occurring between October 27, 2003, and May 12, 2004; (2) Nemotos First Amendment retaliation claim against Lee, in her official capacity, for retaliatory acts occurring between October 27, 2003, and May 12, 2004; (3) Tongson and Nemotos HWPA claims against the County for retaliatory acts occurring between October 27, 2003, and May 12, 2004; (4) Nemotos HWPA retaliation claim against Lee, in her official capacity, for retaliatory acts occurring between October 27, 2003, and May 12, 2004; (5) Tongsons IIED claim against Lee, in her individual capacity; (6) Tongsons IIED claim against Stebbins, in her individual capacity; (7) Nemotos IIED claim against Lee, in her individual capacity; (8) Javiers IIED claim against Lee, in her individual capacity; and (9) Tongsons breach of implied contract claim against the County. Court notes that this case cannot yet be terminated. Plaintiffs motion for reconsideration of the Courts previous order granting partial summary judgment is still pending. If the Court grants this order for reconsideration, several claims may be revived. Any action taken on the motion for reconsideration, however, will not affect the results of this order.] (ecs, )
August 15, 2007
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ORDER GRANTING PLAINTIFFS MOTION FOR RECONSIDERATION 191 re 91. Signed by Judge BARRY M. KURREN on 8/15/07. (ecs, ) [Plaintiffs motion actually seeks reconsideration of the Courts order of December 15, 2006, which granted Defendants partial summary judgment on a number of claims, and not reconsideration of the Courts order of December 1, 2006, which struck Tongsons declaration of November 30, 2006. Court GRANTS Plaintiffs motion for reconsideration. Plaintiffs may once again assert their claims for retaliation under the First Amendment and the HWPA for the time period between May 13, 2004 and October 27, 2005. These are now the only claims remaining in this case. In addition, the Court recognizes Defendants concerns that they have detrimentally relied on the Courts previous orders granting them summary judgment on these claims. Therefore, the Court will schedule a status conference to determine the extent to which discovery should be re-opened and additional dispositive motions allowed.]
April 17, 2008
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ORDER GRANTING SUMMARY JUDGMENT IN FAVOR OF DEFENDANTS ON § 1983 CLAIMS, DECLINING TO EXERCISE SUPPLEMENTAL JURISDICTION FOR SOLE REMAINING STATE LAW CLAIMS, AND DISMISSING CASE 214 215 218. Signed by Judge BARRY M. KURREN on 4/17/08. - Defendants' motions are hereby GRANTED IN PART as to Plaintiffs' claims for First Amendment retaliation brought under 28 U.S.C. § 1983. After dismissing Plaintiffs' § 1983 claims, the only remaining claims before the Court are state law claims brought under the Hawaii Whistleblowers' Protection Act (HWPA), Haw.Rev. Stat. § 378-62. The Court declines to exercise supplemental jurisdiction overthese remaining claims, and orders that this case be DISMISSED. (ecs, )