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17-563 - Silva v. Sooalo


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17-563 - Silva v. Sooalo
March 29, 2018
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emand on April 16, 2018, unless a motion for reconsideration of this Order is filed by April 13, 2018. Associated Cases: 1:16-cv-00613-LEK-KSC, 1:17-cv-00563-LEK-KSC(eps, )ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT re (79 in 1:16-cv-00613-LEK-KSC, 18 in 1:17-cv-00563-LEK-KSC) MOTION for Summary Judgment filed by State of Hawaii, Francis Segueira, Pat Sooalo, Motions terminated: (18 in 1:17-cv-00563-LEK-KSC) MOTION for Summary Judgment filed by State of Hawaii, Francis Segueira, Pat Sooalo. Signed by JUDGE LESLIE E. KOBAYASHI on 03/29/2018. Defendants' Motion for Summary Judgment, filed January 3, 2018, is HEREBY GRANTED IN PART AND DENIED IN PART. The Motion is GRANTED insofar as summary judgment is GRANTED in favor of the Silva Defendants as to Count II, Silva's ยง 1983 claim. The grant of summary judgment is based exclusively on the failure to exhaust and is WITHOUT PREJUDICE to the adjudication of the merits of the claim. The Motion is DENIED insofar as it seeks summary judgment as to Silva's state law claims. This Court DECLINES to exercise supplemental jurisdiction over Silva's state law claims, which are HEREBY REMANDED to the First Circuit Court of the State of Hawai'i. The Clerk's Office is DIRECTED to effectuate the r