Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Silva v. City and County of Honolulu

United States District Court, D. Hawaii

March 14, 2017

GULSTAN E. SILVA, JR., as Personal Representative of the Estate of Sheldon Paul Haleck; JESSICA Y. HALECK, Individually and as Guardian Ad Litem of Jeremiah M.V. Haleck; WILLIAM E. HALECK; VERDELL B. HALECK, Plaintiffs,
v.
CITY AND COUNTY OF HONOLULU; LOUIS M. KEALOHA, Individually and in his official capacity; CHRISTOPHER CHUNG; SAMANTHA CRITCHLOW; STEPHEN KARDASH; CHAD SANO; REYNWOOD MAKISHI; FRANK POJSL; JOHN AND/OR JANE DOES 1-10, Defendants.

         ORDER GRANTING, IN PART, AND DENYING, IN PART, PLAINTIFFS' MOTION TO DISMISS DEFENDANTS LOUIS M. KEALOHA, IN HIS OFFICIAL CAPACITY, CHAD SANO, REYNWOOD MAKISHI AND FRANK POJSL (ECF NO. 174) AND GRANTING PLAINTIFFS' MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT (ECF NO. 173)

          Helen Gillmor United States District Judge

         Plaintiffs seek to voluntarily dismiss their claims against three of the Honolulu police officers named in their First Amended Complaint. Plaintiffs also seek to voluntarily dismiss their claims against Defendant Louis M. Kealoha in his official capacity as former police chief of the Honolulu Police Department. Plaintiffs assert that they wish to proceed on their claims against Defendant Kealoha in his individual capacity.

         In addition to their motion for voluntary dismissal, Plaintiffs seek leave to file a Second Amended Complaint. Plaintiffs' Second Amended Complaint omits the claims against the Defendants they wish to voluntarily dismiss and it adds allegations based on information they recently obtained in discovery.

         Plaintiffs' Motion to Dismiss Defendants Louis M. Kealoha, in his official capacity, Chad Sano, Reynwood Makishi, and Frank Pojsl (ECF No. 174) is GRANTED, IN PART, AND DENIED, IN PART.

         Plaintiffs' Motion for Leave to File Second Amended Complaint (ECF No. 173) is GRANTED.

         PROCEDURAL HISTORY

         On October 20, 2015, Plaintiffs filed a Complaint. (ECF No. 1).

         On the same date, Plaintiff Jessica Y. Haleck filed an Ex Parte Motion for Appointment of Guardian Ad Litem. (ECF No. 3).

         On November 23, 2015, the Magistrate Judge issued an Order Appointing Jessica Y. Haleck as Guardian Ad Litem for Jeremiah M.V. Haleck. (ECF No. 11).

         On March 29, 2016, Plaintiffs filed a FIRST AMENDED COMPLAINT. (ECF No. 31).

         On January 4, 2017, Plaintiffs, Defendant City and County of Honolulu, Defendant Louis M. Kealoha, and Defendants Christopher Chung, Samantha Critchlow, Stephen Kardash, Chad Sano, Reynwood Makishi, and Frank Pojsl filed Motions for Summary Judgment. (ECF Nos. 127, 131, 134, 138).

         On January 20, 2017, the Parties filed their Oppositions to the Motions for Summary Judgment. (ECF Nos. 152, 154, 160).

         On February 2, 2017, the Parties filed their Replies to the Oppositions to the Motions for Summary Judgment. (ECF Nos. 167, 168, 169, 170).

         On February 15, 2017, Plaintiffs filed PLAINTIFFS' MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT. (ECF No. 173).

         Also on February 15, 2017, Plaintiffs filed PLAINTIFFS' MOTION TO DISMISS DEFENDANTS LOUIS M. KEALOHA, IN HIS OFFICIAL CAPACITY, CHAD SANO, REYNWOOD MAKISHI, AND FRANK POJSL. (ECF No. 174).

         On the same date, Plaintiffs filed PLAINTIFFS' EX PARTE MOTION TO SHORTEN TIME FOR HEARING (1) MOTION TO DISMISS DEFENDANTS LOUIS M. KEALOHA, IN HIS OFFICIAL CAPACITY, CHAD SANO, REYNWOOD MAKISHI, AND FRANK POJSL AND (2) MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT. (ECF No. 175).

         On February 16, 2017, the Court issued a Minute Order granting Plaintiffs' Motion to Shorten Time and issued a briefing schedule as to Plaintiffs' Motion to Dismiss and their Motion to File Second Amended Complaint. (ECF No. 177).

         On February 16, 2017, the Court issued the Parties' STIPULATION FOR PARTIAL DISMISSAL WITHOUT PREJUDICE OF ALL CLAIMS AGAINST DEFENDANT DONNA Y.L. LEONG AND ORDER. (ECF No. 176).

         On February 23, 2017, Defendant Louis M. Kealoha filed DEFENDANT LOUIS M. KEALOHA'S POSITION STATEMENT REGARDING PLAINTIFFS' MOTION TO DISMISS DEFENDANTS LOUIS M. KEALOHA, IN HIS OFFICIAL CAPACITY, CHAD SANO, REYNWOOD MAKISHI, AND FRANK POJSL (ECF No. 178).

         On the same date Defendant Louis M. Kealoha filed DEFENDANT LOUIS M. KEALOHA'S MEMORANDUM IN OPPOSITION TO PLAINTIFFS' MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT. (ECF No. 179).

         Also on February 23, 2017, Defendants City and County of Honolulu, Christopher Chung, Samantha Critchlow, and Stephen Kardash filed DEFENDANTS CITY AND COUNTY OF HONOLULU, CHRISTOPHER CHUNG, SAMANTHA CRITCHLOW AND STEPHEN KARDASH'S STATEMENT OF NO OPPOSITION TO PLAINTIFFS' MOTION TO DISMISS DEFENDANTS LOUIS M. KEALOHA, IN HIS OFFICIAL CAPACITY, CHAD SANO, REYNWOOD MAKISHI AND FRANK POJSL. (ECF No. 180).

         On the same date, Defendants Chad Sano, Reynwood Makishi, and Frank Pojsl filed DEFENDANTS CHAD SANO, REYNWOOD MAKISHI AND FRANK POJSL'S POSITION STATMENT TO PLAINTIFFS' MOTION TO DISMISS DEFENDANTS LOUIS M. KEALOHA, IN HIS OFFICIAL CAPACITY, CHAD SANO, REYNWOOD MAKISHI AND FRANK POJSL. (ECF No. 181).

         Also on February 23, 2017, Defendants City and County of Honolulu, Christopher Chung, Samantha Critchlow, Stephen Kardash, Chad Sano, Reynwood Makishi, and Frank Pojsl filed DEFENDANTS CITY AND COUNTY OF HONOLULU, CHRISTOPHER CHUNG, SAMANTHA CRITCHLOW, STEPHEN KARDASH, CHAD SANO, REYNWOOD MAKISHI AND FRANK POJSL'S MEMORANDUM IN OPPOSITION TO PLAINTIFFS' MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT. (ECF No. 182).

         On February 28, 2017, Plaintiffs filed PLAINTIFFS' REPLY MEMORANDUM IN SUPPORT OF PLAINTIFFS' MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT (ECF No. 183) and PLAINTIFFS' REPLY MEMORANDUM IN SUPPORT OF PLAINTIFFS' MOTION TO DISMISS DEFENDANTS LOUIS M. KEALOHA, IN HIS OFFICIAL CAPACITY, CHAD SANO, REYNWOOD MAKISHI, AND FRANK POJSL. (ECF No. 184).

         On March 7, 2017, the Court held a hearing on Plaintiffs' Motion to Dismiss Defendants Louis M. Kealoha, in his official capacity, Chad Sano, Reynwood Makishi, and Frank Pojsl (ECF No. 174), and Plaintiffs' Motion for Leave to File Second Amended Complaint (ECF No. 173).

         The Court granted, in part, and denied, in part, Plaintiffs' Motion to Dismiss (ECF No. 174). The Court granted Plaintiffs' Motion for Leave ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.