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Case TitleDemoruelle et al v. Department of Veterans' Affairs
DistrictDistrict of Hawaii
CityHawaii
Case Number1:2018cv00007
Date Filed2018-01-05
Date ClosedOpen
JudgeJUDGE LESLIE E. KOBAYASHI
PlaintiffJoseph Louis Demoruelle (e-mail: naalehutheatre@yahoo.com)
PlaintiffSandra Lee Demoruelle (e-mail: naalehutheatre@yahoo.com)
Case DescriptionJoseph and Sandra Lee Demourelle submitted FOIA requests to the Department of Veterans Affairs' Pacific Islands Health Care System for records concerning treatment policies and other issues. The agency apparently did not respond to Demourelle's satisfaction and he filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDepartment of Veterans' Affairs
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-01-051COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against Department of Veterans' - filed by Joseph Louis Demoruelle, Sandra Lee Demoruelle. (Attachments: # 1 Mailing Documentation) (emt, ) (Entered: 01/08/2018)
2018-01-052CIVIL Cover Sheet - by Joseph Louis Demoruelle, Sandra Lee Demoruelle. (emt, ) (Entered: 01/08/2018)
2018-01-053Filing fee: $ 400, receipt number HI023020 re 1 Complaint. (emt, ) (Entered: 01/08/2018)
2018-01-054Summons Issued as to U.S. Attorney, District of Hawaii. (emt, ) (Entered: 01/08/2018)
2018-01-055Summons Issued as to General Counsel of the Department of Veterans' Affairs. (emt, ) (Entered: 01/08/2018)
2018-01-056Summons Issued as to U.S. Attorney General. (emt, ) (Entered: 01/08/2018)
2018-01-057Order Setting Rule 16 Scheduling Conference for 09:00AM on 3/2/2018 before MAGISTRATE JUDGE RICHARD L. PUGLISI - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 1/5/2018. (Attachments: # 1 Memo from Clerk Re: Corporate Disclosure Statements) (emt, ) CERTIFICATE OF SERVICE Clerk's Office intake staff served Plaintiffs by first class mail to the address of record on January 8, 2018. (Entered: 01/08/2018)
2018-01-058CIVIL Waiver of Service Packet ~ Notice to Parties Regarding Service Pursuant to Rule 4 of the Federal Rules of Civil Procedure. (Attachments: # 1 AO 398 Notice of Lawsuit and Request to Waive Service of Summons, # 2 AO 399 Waiver of Service of Summons) (emt, ) (Entered: 01/08/2018)
2018-01-269SUMMONS Returned Executed by Plaintiffs. DEPARTMENT OF VETERANS' AFFAIRS served upon U.S. Attorney General for the District of Hawaii via certified mail; RRR: 1/19/2018. (afc) (Entered: 01/30/2018)
2018-02-1210Scheduling Conference Statement; Certificate of Service - filed by plaintiffs. (Attachments: # 1 Mailing documentation) (afc) (Entered: 02/13/2018)
2018-02-1211SUMMONS Returned Executed by Plaintiffs. DEPARTMENT OF VETERANS AFFAIRS (General Counsel of the Dept. of Veterans' Affairs) served via certified mail on 1/17/2018. USPS Tracking Report: Delivered 1/25/2018. (afc) (Entered: 02/13/2018)
2018-02-1212SUMMONS Returned Executed by Plaintiffs. DEPARTMENT OF VETERANS AFFAIRS served via Certified Mail upon the Attorney General of the United States, USDOJ. RRR and USPS Tracking Report: Delivered 1/29/2018. (afc) (Entered: 02/13/2018)
2018-02-1513ANSWER to 1 Complaint ; COS by Department of Veterans' Affairs.(Helper, Thomas) (Entered: 02/15/2018)
2018-02-1614SUPPLEMENT: Domestic Return Receipt (Green Card) submitted re 11 Summons Returned Executed as to USA filed by plaintiffs; DEPARTMENT OF VETERANS AFFAIRS (General Counsel of the Dept. of Veterans' Affairs) (Attachments: # 1 Mailing documentation) (afc) (Entered: 02/20/2018)
2018-02-2315Scheduling Conference Statement DEFENDANT DEPARTMENT OF VETERANS AFFAIRS RULE 16 SCHEDULING CONFERENCE STATEMENT; CERTIFICATE OF SERVICE . (Helper, Thomas) (Entered: 02/23/2018)
2018-03-0216EP: Rule 16 Scheduling Conference held on 3/2/2018. Rule 16 Scheduling Conference Order to be issued. Non-Jury Trial is set for 5/14/2019 at 09:00 AM in Aha Kaulike before CHIEF JUDGE J. MICHAEL SEABRIGHT. Final Pretrial Conference is set for 4/2/2019 at 09:30 AM in Chambers of Magistrate Judge Richard L. Puglisi before MAGISTRATE JUDGE RICHARD L. PUGLISI. Dispositive Motions filed by 12/12/2018. Discovery due by 3/15/2019. (Court Reporter In chambers - not reported) (MAGISTRATE JUDGE RICHARD L. PUGLISI)(mrf) 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: 03/02/2018)
2018-03-0217RULE 16 SCHEDULING ORDER. Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 3/2/18. (cib, ) 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: 03/02/2018)
2018-03-1618MOTION for Leave to File Amended Complaint for Declaratory and Injunctive Relief; Certificate of Service - filed by Plaintiffs Joseph Louis Demoruelle, Sandra Lee Demoruelle. (Attachments: # 1 [Proposed] Amended Complaint) (afc) (Entered: 03/19/2018)
2018-03-2019EO: Pursuant to Local Rule 7.2(d), the Court elects to decide 18 Motion for Leave to File Amended Complaint for Declaratory and Injunctive Relief without a hearing. Briefing shall be in accordance with Local Rule 7.4 (MAGISTRATE JUDGE RICHARD L. PUGLISI)(nab) 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: 03/20/2018)
2018-03-2720STATEMENT of No Opposition re 18 MOTION for Leave to File ; COS filed by Department of Veterans' Affairs. (Helper, Thomas) (Entered: 03/27/2018)
2018-03-2821EO: Based on the lack of opposition, see ECF No. 20 , and finding good cause in support thereof, the Court GRANTS 18 Plaintiffs' Motion for Leave to File Amended Complaint for Declaratory and Injunctive Relief. No later than April 6, 2018, Plaintiffs shall file their signed Amended Complaint with the Court. COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 03/28/2018)
2018-04-0222AMENDED COMPLAINT for Declaratory and Injunctive Relief against Department of Veterans' Affairs - filed by Joseph Louis Demoruelle and Sandra Lee Demoruelle. (Attachments: # 1 Mailing documentation) (afc) (Entered: 04/03/2018)
2018-04-0623MOTION to Reassign Case ;COS Thomas A. Helper appearing for Defendant Department of Veterans' Affairs (Attachments: # 1 Memorandum in Support of Motion)(Helper, Thomas) (Entered: 04/06/2018)
2018-04-0624MOTION for Summary Judgment; Certificate of Service - filed by Plaintiffs Joseph Louis Demoruelle, Sandra Lee Demoruelle. (afc) (Entered: 04/06/2018)
2018-04-0625MEMORANDUM OF LAW in Support of Plaintiffs' MOTION for Summary Judgment re: 24 - filed by Joseph Louis Demoruelle, Sandra Lee Demoruelle. (Attachments: TABLE OF CONTENTS and TABLE OF AUTHORITIES, and: # 1 Memorandum, # 2 Certificate of Compliance with Word Limitations) (afc) (Entered: 04/06/2018)
2018-04-0626CONCISE STATEMENT in Support re 24 MOTION for Summary Judgment filed by Joseph Louis Demoruelle, Sandra Lee Demoruelle. (Attachments: # 1 Exhibit List, # 2 Exhibit 1 (1A, 1B, 1C, 1D), # 3 Exhibit 2 (2A through 2j), # 4 Exhibit 3, # 5 Exhibit 4 (4A, 4B), # 6 Exhibit 5, # 7 Exhibit 6 (6A, 6B), # 8 Exhibit 7, # 9 Exhibit 8 (8A, 8B, 8C), # 10 Exhibit 9, # 11 Exhibit 10 (10A, 10B), # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14 (14A, 14B), # 16 Exhibit 15 (15A through 15E), # 17 Exhibit 16 (16A, 16B, 16C), # 18 Exhibit 17 (17A, 17B, 17C), # 19 Exhibit 18 (18A through 18I), # 20 Exhibit 19, # 21 Exhibit 20 (20A through 20G), # 22 Exhibit 21 (21A, 21B, 21C), # 23 Exhibit 22 (22A, 22B, 22C), # 24 Exhibit 23, # 25 Exhibit 24, # 26 Clerk's notation re: Attachment. CM/ECF omitted document ID sequence number. Exhibit 25 (attachment 27) bears the header "Document 26-27". # 27 Exhibit 25 (25A, 25B, 25C), # 28 Exhibit 26, # 29 Exhibit 27, # 30 Exhibit 28, # 31 Exhibit 29 (29A through 29G), # 32 Exhibit 30 (30A through 30V), # 33 Exhibit 31 (31A through 31I), # 34 Exhibit 32 (32A through 32I), # 35 Exhibit 33 (33A through 33D), # 36 Exhibit 34 (34A through 34D), # 37 Exhibit 35 (35A, 35B), # 38 Declaration of Joseph Demoruelle, # 39 Declaration of Sandra Demoruelle) NEF GENERATED on 4/9/2018. (afc) (Entered: 04/06/2018)
2018-04-1027EO: On April 6, 2018, Defendant Department of Veterans' Affairs filed a "Motion for Reassignment of Case to the Honorable Leslie E. Kobayashi." ECF No. 23 . Plaintiffs Joseph Louis Demoruelle and Sandra Lee Demoruelle may file an optional response by April 20, 2018. (CHIEF JUDGE J. MICHAEL SEABRIGHT)(shm) COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 04/10/2018)
2018-04-1128MEMORANDUM in Opposition re 23 MOTION to Reassign Case to the Honorable Leslie E. Kobayashi; Memorandum of Points and Authority; Certificate of Service - filed by Joseph Louis Demoruelle, Sandra Lee Demoruelle. (afc) (Entered: 04/11/2018)
2018-04-1129ORDER (1) GRANTING MOTION FOR REASSIGNMENT OF CASE 23 , AND (2) REASSIGNING CASE. "This action is REASSIGNED from Chief United States District Judge J. Michael Seabright to United States District Judge Leslie E. Kobayashi. Magistrate Judge Richard L. Puglisi remains as referral judge. On all further pleadings, the civil number shall change from Civ. No. 18-0007 JMS-RLP to Civ. No. 18-00007 LEK-RLP." IT IS SO ORDERED. Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 4/11/2018. (afc) COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants will be served by First Class Mail on April 12, 2018 to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 04/11/2018)
2018-04-1130NOTICE of Case Reassignment to U.S. DISTRICT JUDGE LESLIE E. KOBAYASHI and U.S. MAGISTRATE JUDGE RICHARD L. PUGLISI. Please reflect Civil case number CV 18-00007 LEK-RLP on all further pleadings . (afc) COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants will be served on April 12, 2018 by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 04/11/2018)
2018-04-1131NOTICE of Hearing on Motion 24 MOTION for Summary Judgment : Motion Hearing is set for 6/25/2018 at 11:15 AM in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI. (wnn, ) COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 04/11/2018)
2018-04-1732ANSWER to 22 Amended Complaint ; COS by Department of Veterans' Affairs.(Helper, Thomas) (Entered: 04/17/2018)
2018-05-1133Letter From Thomas A. Helper, Asst. U.S. Attorney, District of Hawaii to Judge Leslie E. Kobayashi; May 11, 2018 (eps, ) (Entered: 05/11/2018)
2018-05-1134EO: Regarding AUSA Thomas A. Helper's Letter Request 33 dated 5/11/2018. (24-1) MOTION for Summary Judgment currently set for 6/25/2018 at 11:15 AM before Judge Leslie E. Kobayashi is Vacated, subject to re-setting. Status Conference is set for 5/21/2018 at 02:00 PM in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI. (JUDGE LESLIE E. KOBAYASHI)(wnn, ) COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 05/11/2018)
2018-05-1636EO: Status Conference set for 5/21/2018 at 02:00 PM will be held at 02:30 PM in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI. (JUDGE LESLIE E. KOBAYASHI)(wnn, ) COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 05/16/2018)
2018-05-1637EO: Defendant's Attorney AUSA Thomas A. Helper's Letter Request to participate by telephone for the Status Conference set for 5/21/2018 at 02:30 PM is Granted and terminated. Plaintiffs Pro Se Letter Request to participate by telephone for the Status Conference set for 5/21/2018 at 02:30 PM is Granted and terminated. Courtroom Manager will contact AUSA Thomas A. Helper and Plaintiffs Pro Se directly from the Courtroom. re 35 Correspondence. (JUDGE LESLIE E. KOBAYASHI)(wnn, ) COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 05/16/2018)
2018-05-1839EO: Status Conference set for 5/21/2018 at 02:30 PM is moved up to 09:30 AM in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI. (JUDGE LESLIE E. KOBAYASHI)(wnn, ) COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 05/18/2018)
2018-05-2140EP: Status Conference held on 5/21/2018, 24 MOTION for Summary Judgment. Motion Hearing is set for 9/10/2018 09:45 AM in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI. (Court Reporter Debi Read) (JUDGE LESLIE E. KOBAYASHI)(wnn, ) COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 05/21/2018)
2018-06-0141Plaintiffs' AMENDED CONCISE STATEMENT of Facts in Support of 24 Plaintiffs' MOTION for Summary Judgment With Affidavits - filed by Joseph Louis Demoruelle, Sandra Lee Demoruelle. (Attachments: # 1 Certificate of Compliance With Word Limitations, # 2 Exhibit 36, # 3 Exhibit 37, # 4 Certificate of Service) (emt, ) (Entered: 06/04/2018)
2018-07-1342EO: Regarding 24 MOTION for Summary Judgment. Motion Hearing is set for 9/10/2018 at 09:45 AM is continued to 10/9/2018 at 09:45 AM in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI. (JUDGE LESLIE E. KOBAYASHI)(wnn, ) COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 07/13/2018)
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