Skip to content

Case Detail

[Subscribe to updates]
Case TitleDemoruelle et al v. Department of Veterans' Affairs
DistrictDistrict of Hawaii
CityHawaii
Case Number1:2016cv00562
Date Filed2016-10-13
Date ClosedOpen
JudgeJUDGE LESLIE E. KOBAYASHI
PlaintiffJoseph Louis Demoruelle
PlaintiffSandra Lee Demoruelle
DefendantDepartment of Veterans' Affairs
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [41]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-10-131COMPLAINT against All Defendants, filed by Joseph Louis Demoruelle, Sandra Lee Demoruelle. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Civil Cover Sheet) (eps, ) (Entered: 10/18/2016)
2016-10-182Filing fee: $ 400.00,receipt number HI019474 re 1 Complaint (eps, ) (Entered: 10/18/2016)
2016-10-183Summons Issued as to All Defendants, General Counsel, Department of Veterans' Affais, Office of General Counsel (Attachments: # 1 Summons (issued as to Attorney General of the United States, US Department of Justice), # 2 Summons (issued) as United States Attorney, District of Hawaii) (eps, ) (Entered: 10/18/2016)
2016-10-184Order Setting Rule 16 Scheduling Conference for 09:30AM on 12/19/2016 before Magistrate Judge KENNETH J. MANSFIELD.. Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 10/18/2016. (Attachments: # 1 Memo re: Corporate Disclosures) (eps, ) CERTIFICATE OF SERVICE Participants not registered to receive electronic notifications served by first class mail on the date of this docket entry (Entered: 10/18/2016)
2016-10-185CIVIL Waiver of Service Packet (Attachments: # 1 A0 398 Notice of a Lawsuit, # 2 A0 399 Waiver of Service of Summons) (eps, ) (Entered: 10/18/2016)
2016-10-186Mailing Documentation (eps, ) (Entered: 10/18/2016)
2016-10-247Exhibit 4; Certificate of Service filed by Joseph Louis Demoruelle, Sandra Lee Demoruelle. (eps, ) (Entered: 10/25/2016)
2016-11-168NOTICE of Appearance by Michael F. Albanese on behalf of Department of Veterans' Affairs on behalf of Department of Veterans' Affairs. (Albanese, Michael) (Entered: 11/16/2016)
2016-11-169MOTION to Compel Preparation Of A Vaughn Index: Certificate of Service by Plaintiffs Joseph Louis Demoruelle, Sandra Lee Demoruelle (Attachments: # 1 Memorandum In Support; Certificate of Service, # 2 Mailing Documentation) (eps, ) (Entered: 11/17/2016)
2016-11-1610AMENDED COMPLAINT For Declaratory, Injunctive And Monetary Relief; Certificate of Service against DEPARTMENT OF VETERANS' AFFAIRS filed by Joseph Louis Demoruelle, Sandra Lee Demoruelle. (Attachments: # 1 Mailing Documentation) (eps, ) (Entered: 11/17/2016)
2016-11-1811EO: On November 16, 2016, the Court received 9 Plaintiff's Motion to Compel Preparation of a Vaughn Index ("Motion"). Defendant has not answered or otherwise responded to the Complaint. The parties do not appear to have held the 26(c) conference, and no discovery has issued. See ECF No. 4. Accordingly, the Motion is DENIED without prejudice as premature. (Magistrate Judge KENNETH J. MANSFIELD) (gms) (Entered: 11/18/2016)
2016-11-18Court's Certificate of Service. A copy of 11 Order Denying 9 Motion to Compel Preparation Of A Vaughn Index has been served by First Class Mail to the addresses of record for Joseph Louis Demoruelle and Sandra Lee Demoruelle. (gms) (Entered: 11/18/2016)
2016-11-2112SUMMONS Returned Executed by Joseph Louis Demoruelle, Sandra Lee Demoruelle. Department of Veterans' Affairs served on 10/27/2016 (Attachments: # 1 Summons (executed), # 2 Summons (executed)) (eps, ) (Entered: 11/21/2016)
2016-11-2913REPORT of Planning Meeting Joint Report of Rule 26(F) Conference . (Albanese, Michael) (Entered: 11/29/2016)
2016-12-1414MOTION for Summary Judgment; Certificate of Service by Plaintiffs Joseph Louis Demoruelle, Sandra Lee Demoruelle (eps, ) (Entered: 12/14/2016)
2016-12-1415MEMORANDUM in Support re 14 MOTION for Summary Judgment filed by Joseph Louis Demoruelle, Sandra Lee Demoruelle. (eps, ) (Entered: 12/14/2016)
2016-12-1416Declaration Of Sandra Demourelle In Support of re 14 MOTION for Summary Judgment.<be> (eps, ) (Entered: 12/14/2016)
2016-12-1417APPENDIX to 14 MOTION for Summary Judgment filed by Joseph Louis Demoruelle, Sandra Lee Demoruelle. (Attachments: # 1 Exhibit 2, # 2 Exhibit 3, # 3 Exhibit 4, # 4 Exhibit 5, # 5 Exhibit 6, # 6 Exhibit 7) (eps, ) (Entered: 12/14/2016)
2016-12-1418CONCISE STATEMENT Of Facts In Support re 14 MOTION for Summary Judgment filed by Joseph Louis Demoruelle, Sandra Lee Demoruelle. (eps, ) (Entered: 12/14/2016)
2016-12-1519Scheduling Conference Statement Defendant Department of Veterans' Affairs' Rule 16 Scheduling Conference Statement; Certificate of Service . (Albanese, Michael) (Entered: 12/15/2016)
2016-12-1620ANSWER to 10 Amended Complaint, Answer of Defendant Department of Veterans' Affairs To The Amended Complaint For Declaratory, Injunctive and Monetary Relief, Filed November 16, 2016; Certificate of Service by Department of Veterans' Affairs.(Albanese, Michael) (Entered: 12/16/2016)
2016-12-1921AMENDED ANSWER to First Amended Answer of Defendant Department of Veterans' Affairs to the Amended Complaint For Declaratory, Injunctive and Monetary Relief, Filed November 16, 2016; Certificate of Service by Department of Veterans' Affairs. (Albanese, Michael) (Entered: 12/19/2016)
2016-12-1922EP: RULE 16 SCHEDULING CONFERENCE hearing held. Dates are given. Court to prepare a Scheduling Order. Pro Se Plaintiffs Joseph Louis Demoruelle and Sandra Lee Demoruelle participating by telephone. Non-Jury Trial is set for 12/19/2017 at 9:00 a.m. in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI. Final Pretrial Conference is set for 11/07/2017 at 9:30 a.m. in Courtroom 6 before Magistrate Judge KENNETH J. MANSFIELD. Early Settlement Conference is set for 02/23/2017 at 10:30 a.m. in Chambers of Magistrate Judge Kenneth J. Mansfield before Magistrate Judge KENNETH J. MANSFIELD. Settlement Conference #2 is set for 09/19/2017 at 10:30 a.m. in Chambers of Magistrate Judge Kenneth J. Mansfield before Magistrate Judge KENNETH J. MANSFIELD. Dispositive Motions filed by 07/19/2017. Discovery due by 10/20/2017. At all Settlement Conferences, there are to be at least one of the Plaintiff present. (FTR-Ctrm C6 - No Record 9:35 - 9:40.) (Magistrate Judge KENNETH J. MANSFIELD)(bbb) No COS issued for this docket entry (Entered: 12/19/2016)
2016-12-19COURT'S CERTIFICATE of Service - a copy of 22 Rule 16 Scheduling Conference has been served by First Class Mail to the Plaintiff's at the addresses of record on 12/19/2016. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (bbb) (Entered: 12/19/2016)
2016-12-1923RULE 16 SCHEDULING ORDER; NOTICE TO PRO SE LITIGANTS. Signed by Magistrate Judge KENNETH J. MANSFIELD on 12/19/2016. (ecs, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry . Modified on 12/19/2016: Demoruelle served on 12/20/2016 (ecs, ). (Entered: 12/19/2016)
2016-12-1925MOTION For Priority Status of Plaintiffs' Motion For Summary Judgment; Certificate of Service by Plaintiffs Joseph Louis Demoruelle, Sandra Lee Demoruelle (eps, ) (Entered: 12/21/2016)
2016-12-1926Scheduling Conference Statement; Certificate of Service submitted on behalf of Plaintiffs. (eps, ) (Entered: 12/21/2016)
2016-12-2024EO: COURT'S ORDER re 14 MOTION for Summary Judgment. (JUDGE LESLIE E. KOBAYASHI)(wnn, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 12/20/2016)
2016-12-2927EX PARTE Motion Defendant's First Ex Parte Motion to Amend the Briefing Schedule for Plaintiffs' Motion for Summary Judgment, Filed December 14, 2016 [Dkt. No. 14]; Declaration of Michael F. Albanese; Proposed Order; Certificate of Service Michael F. Albanese appearing for Defendant Department of Veterans' Affairs (Attachments: # 1 Declaration of Michael F. Albanese, # 2 Proposed Order)(Albanese, Michael) (Entered: 12/29/2016)
2017-01-0429EO: COURT ORDER GRANTING DEFENDANT'S FIRST EX PARTE MOTION TO AMEND THE BRIEFING SCHEDULE FOR PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT, FILED DECEMBER 14, 2016 [DKT. NO. 14]. granting 27 Ex Parte Motion. (JUDGE LESLIE E. KOBAYASHI)(wnn, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 01/04/2017)
2017-01-1030EO: COURT ORDER REGARDING PLAINTIFFS' MOTION FOR PRIORITY STATUS OF PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT. denying 25 Motion to Expedite. (JUDGE LESLIE E. KOBAYASHI)(wnn, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 01/10/2017)
2017-01-1831EX PARTE Motion Defendant's Ex Parte Motion For Leave To File Oversize 56.1 Statement Re: Plaintiffs' Motion For Summary Judgment, Filed December 14, 2016; Declaration of Michael F. Albanese; Proposed Order; Certificate of Service Michael F. Albanese appearing for Defendant Department of Veterans' Affairs (Attachments: # 1 Declaration of Michael F. Albanese, # 2 Proposed Order Granting Leave For Defendant to File Oversize 56.1 Statement)(Albanese, Michael) (Entered: 01/18/2017)
2017-01-1932EO: COURT ORDER REGARDING DEFENDANT'S EX PARTE MOTION FOR LEAVE TO FILE OVERSIZE 56.1 STATEMENT RE: PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT. denying 31 Ex Parte Motion. (JUDGE LESLIE E. KOBAYASHI)(wnn, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 01/19/2017)
2017-01-2433Cross MOTION for Summary Judgment ; Certificate of Service Michael F. Albanese appearing for Defendant Department of Veterans' Affairs (Attachments: # 1 Joint Memorandum in Opposition to Plaintiffs' Motion for Summary Judgment and in Support of Cross-Motion for Summary Judgment)(Albanese, Michael) (Entered: 01/24/2017)
2017-01-2434CONCISE STATEMENT in Opposition re 14 MOTION for Summary Judgment filed by Department of Veterans' Affairs. (Albanese, Michael) (Entered: 01/24/2017)
2017-01-2435CONCISE STATEMENT in Support re 33 Cross MOTION for Summary Judgment ; Certificate of Service filed by Department of Veterans' Affairs. (Attachments: # 1 Declaration of Allison Tanaka, # 2 Exhibit A1, # 3 Exhibit A2, # 4 Exhibit A3, # 5 Exhibit A4, # 6 Exhibit B1, # 7 Exhibit B2, # 8 Exhibit B3, # 9 Exhibit C1, # 10 Exhibit C2, # 11 Exhibit C3, # 12 Exhibit C4, # 13 Exhibit C5, # 14 Exhibit C6, # 15 Exhibit C7, # 16 Exhibit C8, # 17 Exhibit D1, # 18 Exhibit D2, # 19 Exhibit E1, # 20 Exhibit E2, # 21 Exhibit E3, # 22 Exhibit E4, # 23 Exhibit E5, # 24 Exhibit F1, # 25 Exhibit F2, # 26 Exhibit F3, # 27 Exhibit G1, # 28 Exhibit G2, # 29 Exhibit H1, # 30 Exhibit H2, # 31 Exhibit H3, # 32 Exhibit I1, # 33 Exhibit I2, # 34 Exhibit J1, # 35 Exhibit J2)(Albanese, Michael) (Entered: 01/24/2017)
2017-01-3036Plaintiffs' Joint MEMORANDUM in Opposition To Defendant's re 33 Cross MOTION for Summary Judgment And Optional Reply In Support Of Plaintiffs' Motion For Summary Judgment filed by Joseph Louis Demoruelle, Sandra Lee Demoruelle. (Attachments: # 1 Certificate of Compliance) (eps, ) (Entered: 01/30/2017)
2017-01-3037Concise Statement Of Facts in Opposition To Defendant's re 33 MOTION for Summary Judgment filed by Joseph Louis Demoruelle, Sandra Lee Demoruelle. (Attachments: # 1 Certificate of Compliance, # 2 Certificate of Service, # 3 Exhibit 8, # 4 Exhibit 9, # 5 Exhibit 10, # 6 Exhibit 11, # 7 Exhibit 12) (eps, ) (Entered: 01/30/2017)
2017-02-1038REPLY re 33 Cross MOTION for Summary Judgment ; Certificate of Service Defendant's Reply Memorandum re: Defendant's Cross Motion for Summary Judgment filed by Department of Veterans' Affairs. (Albanese, Michael) (Entered: 02/10/2017)
2017-02-1039EO: By joint request of counsel and due to the pending motions for summary judgment, the Early Settlement Conference previously set for 02/23/2017 is VACATED. (Magistrate Judge KENNETH J. MANSFIELD)(bbb) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 02/10/2017)
2017-03-2940EO: COURT ORDER REGARDING: (1) PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT; AND (2) DEFENDANT'S CROSS-MOTION FOR SUMMARY JUDGMENT. granting in part and denying in part 33 Motion for Summary Judgment; granting 14 Motion for Summary Judgment; DOP=3/29/2017. (JUDGE LESLIE E. KOBAYASHI)(wnn, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 03/29/2017)
2017-06-3041ORDER: (1) GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT; AND (2) GRANTING DEFENDANT'S CROSS-MOTION FOR SUMMARY JUDGMENT. Signed by JUDGE LESLIE E. KOBAYASHI on 06/30/2017. Pro se Plaintiffs Joseph Louis Demoruelle and Sandra Lee Demoruelle's Motion for Summary Judgment, filed on December 14, 2016, is HEREBY GRANTED IN PART AND DENIED IN PART. In addition, Defendant Department of Veterans Affairs' Cross-Motion for Summary Judgment, filed on January 24, 2017, is HEREBY GRANTED. There being no remaining claims in this case, the Court DIRECTS the Clerk's Office to nter final judgment and close this case on July 21, 2017, unless Plaintiff files a motion for reconsideration of this Order by July 17, 2017. (eps, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications served by first class mail on the date of this docket entry (Entered: 06/30/2017)
2017-07-1742STIPULATION AND ORDER REGARDING TAXATION OF COSTS. Signed by JUDGE LESLIE E. KOBAYASHI on 07/17/2017. (eps, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications served by first class mail on the date of this docket entry (Entered: 07/17/2017)
Hide Docket Events
by FOIA Project Staff