United States District Court, D. Hawaii
A. Otake United States District Judge.
March 24, 2016, Plaintiff Vernon Baker filed suit against
Evelyn Gaspar, Lisa Ogata, Louis Semeatu, Courtney Mori, Dr.
Karl Ayer, and Dr. Francis Hamada.
August 8, 2017, Magistrate Judge Puglisi issued an order
denying Plaintiff's request for entry of default against
Defendants Hamada, Gaspar, Ogata, and Ayer. ECF No. 70 at 4.
Judge Puglisi ordered Plaintiffs to provide the addresses of
Defendants Gaspar and Ogata so that they could be served.
Id. On February 20, 2018, Plaintiffs filed a motion
to compel discovery of the last known addresses of Defendants
Gaspar and Ogata, ECF No. 115, which was denied on February
23, 2018, because the Department of Public Safety had already
informed the Court that it did not possess such information,
ECF No. 116 at 3.
February 25, 2019, the Court issued an order to show cause
why claims against Defendants Gaspar and Ogata should not be
dismissed without prejudice for failure to serve pursuant to
FRCP 4(m). ECF No. 174. The Court warned Plaintiff that
failure to respond may result in dismissal of the claims
against Defendants Gaspar and Ogata. Id. Plaintiff
responded to the order to show cause on March 12, 2019. ECF
No. 179. The letter outlined Plaintiff's attempts to
effectuate service as follows:
• In his Motion Requesting Council (sic), filed on May
16, 2016, Plaintiff requested counsel for various reasons,
including his limited ability to investigate the case,
finding the names of all appropriate defendants, and the
sorting out of the personal involvement of multiple
witnesses. See Dkt. No. 8. The motion was denied on
May 19, 2016.
• Plaintiff attempted to follow the orders for service
laid out in Magistrate Judge Richard L. Puglisi's Order
Directing Service, filed on May 19, 2016. See Dkt.
No. 9. Indeed, Plaintiff was able to get a Summons in a Civil
Action issued as to Defendants Gaspar and Ogata. See
Dkt. No. 15 and 17.
• Additionally, Plaintiff filed a Second Amended
Complaint on June 29, 2016, once he was able to find out who
“Jane Doe” and “Susan Doe” were.
• On March 20, 2017, Plaintiff filed Questions regarding
Defendants' Request for Answers to Interrogatories and
Request for Summary Judgment for no reply from Evelyn Gaspar
and Lisa Ogata. See Dkt. No. 44.
• As the Order, dated March 31, 2017 by Judge Puglisi
indicates, Plaintiff did seek diligently to find contact
information for Defendants Gaspar and Ogata, but the answer
was that they were not employed by the Department of Public
Safety and they did not have contact information for them.
See Dkt. No. 46; also Dkt. No. 22.
• On July 30, 2018, the Clerk of Court issued Plaintiff
a subpoena to compel the Department of Public Safety for the
names and contact information for the contracting agencies
used for Defendants Gaspar and Ogata.
• On August 28, 2018, Plaintiff filed a Motion for
Extension to Join Additional Parties and Request for Time for
the Department of Public Safety to Respond to Subpoenas
Issued July 30, 2018. See Dkt. No. 150 and Judge
Puglisi's Order Regarding the motion, filed on September
4, 2018, Dkt. No. 151.
ECF No. 179 at 2-3. For the reasons stated in Plaintiff's
response to the order to show cause, the Court granted
Plaintiff's request for additional time to effectuate
service until June 1, 2019. ECF No. 186. Plaintiff failed to
serve Defendants Gaspar and Ogata by the deadline.
to the Federal Rules of Civil Procedure (“FRCP”)
4(c)(1), Plaintiff, not the Court, is responsible for serving
a summons with the complaint:
A summons must be served with a copy of the complaint. The
plaintiff is responsible for having the summons and complaint
served within the time allowed by Rule 4(m) and must furnish