Nosaka et al v. American Federation of State, County and Municipal Employees, AFL-CIO et al

Docket(#33) MEMORANDUM in Opposition to Defendants Request for Judicial Notice [DKT.#28 ] filed by Rachel Krygier, Gordon K. Leslie, Alton K. Nosaka, Richard Okuda, Jr., Eric M. Sakazaki. (Attachments: #1 Declaration of Counsel, #2 Certificate of Service)(Yaindl, Georgette) Modified on 2/9/2022 (jo) (Entered: 02/08/2022)

Docket(#32) MEMORANDUM in Opposition re #27 MOTION to Dismiss for failure to State a Claim Defendants' Motion to Dismiss Second Amended Complaint [Dkt. #16] filed by Rachel Krygier, Gordon K. Leslie, Alton K. Nosaka, Richard Okuda, Jr., Eric M. Sakazaki. (Attachments: #1 Declaration of Counsel, #2 Exhibit 1 UPW Constitution, #3 Certificate of Service)(Yaindl, Georgette) Modified on 2/9/2022 (jo) (Entered: 02/08/2022)

Docket(#31) NOTICE by American Federation of State, County and Municipal Employees, AFL-CIO Notice of Disaffiliation and Withdrawal of Jerry P.S. Chang as Counsel for Defendants American Federation of State, County and Municipal Employees, AFL-CIO, and Elizabeth Ho American Federation of State, County and Municipal Employees, AFL-CIO. (Ikeda, Ashley) (Entered: 02/07/2022)

Docket(#30) EO: In light of the pending #27 Defendants' Motion to Dismiss Second Amended Complaint currently set for March 8, 2022, the Telephonic Rule 16 Scheduling Conference previously set for February 14, 2022 IS CONTINUED TO April 11, 2022 at 9:00 a.m. before MAGISTRATE JUDGE WES REBER PORTER. Scheduling conference statements are due by April 4, 2022.In accordance with the United States District Court for the District of Hawaii's latest Temporary General Order Regarding District of Hawaii Response to COVID-19 Emergency and the Order Authorizing the Use of Telephonic and Video Hearings, due to the ongoing COVID-19 pandemic and public health emergency, including the anticipated long term need to maintain certain social distancing and other measures intended to protect the public, court employees, and counsel from being exposed to the COVID-19 virus, while at the same time regulating civil matters in a manner consistent with equity and fairness, the hearing will be held telephonically. Parties are to participate via telephone through our AT&T Service. Call-in information for this conference is below. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing.Dial in number is 1-888-278-0296Access Code is 8224751 (MAGISTRATE JUDGE WES REBER PORTER)(bbb) (Entered: 02/01/2022)

Docket(#29) EO: On January 21, 2022, Defendants filed:DEFENDANTS' MOTION TO DISMISS SECOND AMENDED COMPLAINT (Dkt. #16). (ECF No. #27 ).Plaintiffs shall file their Opposition on or before Tuesday, February 8, 2022.Defendants shall file their Reply on or before Tuesday, February 22, 2022.A hearing on Defendants' Motion to Dismiss Second Amended Complaint (ECF No. #27 ) shall be held on Tuesday, March 8, 2022, at 10:30 a.m., via video teleconference, before the Honorable Helen Gillmor.The courtroom manager will provide the applicable participants with instructions and information to connect by video prior to the scheduled video conference date. (SENIOR JUDGE HELEN GILLMOR)(rls) (Entered: 01/24/2022)

Docket(#28) REQUEST Judicial Notice in Support of Motion to Dismiss Second Amended Complaint [Dkt. # 16] by American Federation of State, County and Municipal Employees, AFL-CIO, Elizabeth Ho. (Attachments: #1 Exhibit A to Request for Judicial Notice in Support of Motion to Dismiss, #2 Exhibit B to Request for Judicial Notice in Support of Motion to Dismiss, #3 Exhibit C to Request for Judicial Notice in Support of Motion to Dismiss, #4 Certificate of Service of Request for Judicial Notice in Support of Motion to Dismiss)(Harland, Bruce) (Entered: 01/21/2022)

Docket(#27) MOTION to Dismiss for failure to State a Claim Defendants' Motion to Dismiss Second Amended Complaint [Dkt. #16] Bruce A. Harland appearing for Defendants Elizabeth Ho, American Federation of State, County and Municipal Employees, AFL-CIO (Attachments: #1 Memorandum in Support of Motion to Dismiss Second Amended Complaint, #2 Certificate of Service of Motion to Dismiss Second Amended Complaint)(Harland, Bruce) (Entered: 01/21/2022)

Docket(#26) EO: On December 19, 2021, Plaintiffs filed:CLASS ACTION COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF (ECF No. 1). Plaintiffs' position is that the original Complaint was never served on the Defendants.Also on December 19, 2021, Plaintiffs filed:FIRST AMENDED CLASS ACTION COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF (ECF No. 3).The First Amended Complaint was served on the Defendants on December 29, 2021. (ECF Nos. 11 and 12).At the hearing on January 7, 2022, Defendants indicated that they intended to file a Motion to Dismiss and agreed to file the Motion by January 21, 2022. (ECF No. 19).On January 10, 2022, Plaintiffs filed:SECOND AMENDED CLASS ACTION COMPLAINT FOR DECLARATORY RELIEF. (ECF No. 16).Plaintiffs take the position that because they did not serve the original Complaint they were permitted to file the Second Amended Complaint (ECF No. 16) without leave of court pursuant to Fed. R. Civ. P. 15(a)(1).On January 19, 2022, Defendants filed:DEFENDANTS' MOTION TO DISMISS COMPLAINT (Dkt. #1). (ECF No. 24).Defendants' Motion to Dismiss Complaint (Dkt. #1) (ECF No. 24) is STRICKEN. The original Complaint (ECF No. 1) is not the operative pleading in this case and has been amended by both the First Amended Complaint and the Second Amended Complaint.The Court finds that the Second Amended Complaint is the operative pleading that was permitted to be filed as a matter of course pursuant to Fed. R. Civ. P. 15(a)(1)(A).The Court extends the deadline for Defendants to file a response to the Second Amended Pleading until Wednesday, February 9, 2022, pursuant to Fed. R. Civ. P. 15(a)(3). (SENIOR JUDGE HELEN GILLMOR)(tl) (Entered: 01/20/2022)

Docket(#25) REQUEST Judicial Notice in Support of Motion to Dismiss [Dkt. # 1] by American Federation of State, County and Municipal Employees, AFL-CIO, Elizabeth Ho. (Attachments: #1 Exhibit A to Request for Judicial Notice in Support of Motion to Dismiss, #2 Exhibit B to Request for Judicial Notice in Support of Motion to Dismiss, #3 Exhibit C to Request for Judicial Notice in Support of Motion to Dismiss, #4 Certificate of Service of Request for Judicial Notice in Support of Motion to Dismiss)(Harland, Bruce) (Entered: 01/19/2022)

Docket(#24) **Docket Entry Stricken Pursuant to ECF No. #26 ** MOTION to Dismiss for failure to State a Claim Defendants' Motion to Dismiss Complaint [Dkt. # 1] Bruce A. Harland appearing for Defendants Elizabeth Ho, American Federation of State, County and Municipal Employees, AFL-CIO (Attachments: #1 Memorandum in Support of Motion to Dismiss, #2 Certificate of Service of Motion to Dismiss)(Harland, Bruce) Modified on 1/21/2022 (rls). (Entered: 01/19/2022)

Docket(#10) NOTICE of Withdrawal of Motion by Georgette Anne Yaindl on behalf of Georgette Anne Yaindl. (Attachments: #1 Exhibit)(Yaindl, Georgette) (Entered: 12/26/2021)

Docket(#9) MOTION for Leave to File Excess Pages Georgette Anne Yaindl appearing for Consol Plaintiff Georgette Anne Yaindl (Yaindl, Georgette) (Entered: 12/24/2021)

Docket(#8) Summons Issued as to Elizabeth Ho. (jni) (Entered: 12/20/2021)

Docket(#7) Summons Issued as to American Federation of State, County and Municipal Employees, AFL-CIO. (jni) (Entered: 12/20/2021)

Docket(#6) CIVIL Waiver of Service Packet - Notice to Parties Regarding Service Pursuant to Rule 4 of the Federal Rules of Civil Procedure (Attachments: #1 Notice of a Lawsuit and Request to Waive Service of a Summons, #2 Waiver of the Service of Summons)(jni) (Entered: 12/20/2021)

Docket(#5) Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 2/14/2022 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 12/20/2021. (Attachments: #1 Memo Re: Corporate Disclosures) ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER AND MEMO RE: CORPORATE DISCLOSURES MUST BE SERVED WITH THE DOCUMENT.(jni) (Entered: 12/20/2021)

Docket(#4) NOTICE of Case Assignment: Please reflect Civil case number CV 21-00497 HG-RT on all further pleadings. (jni) (Entered: 12/20/2021)

Docket(#3) First AMENDED Class Action COMPLAINT for Injunctive and Declaratory Relief against All Defendants, filed by Georgette Anne Yaindl. (Attachments: #1 Exhibit Summons.AFSCME, #2 Exhibit Summons.Ho, #3 Civil Cover Sheet)(Yaindl, Georgette) Docket Text Modified on 12/20/2021 (jni) (Entered: 12/19/2021)

Docket(#2) NOTICE by Georgette Anne Yaindl Errata Document 1 caption Georgette Anne Yaindl. (Yaindl, Georgette) (Entered: 12/19/2021)

Docket(#1) Class Action COMPLAINT For Injunctive and Declaratory Relief against All Defendants ( Filing fee $ 402 receipt number AHIDC-2621653.), filed by Georgette Anne Yaindl. (Attachments: #1 Exhibit Summons, #2 Exhibit Summons, #3 Civil Cover Sheet)(Yaindl, Georgette) Docket Text Modified on 12/20/2021 (jni) (Entered: 12/19/2021)