Case: Bernard v. State of Hawaii

Tessa Bialek and Margo Schlanger

COMPLAINT; (Summons(es) issued) (fe) (Entered: 06/19/2002)

ORDER by Judge David A. Ezra rule 16 conference set for 9:00 9/16/02 before Mag Judge Kevin S. Chang (fe) (Entered: 06/19/2002)

FILING FEE PAID in the amount of $ 150.00, receipt # 209403 (fe)

RETURN OF SERVICE executed upon defendant Hawaii, State of on 6/20/02 through Mark M. Nomura, for State of Hawaii only, Deputy Attorney General, (fe) (Entered: 06/24/2002)

RETURN OF SERVICE executed upon defendant Public Safety, Dept on 6/20/02 through Patti Ahu, Secretary (fe) (Entered: 06/24/2002)

RETURN OF SERVICE executed upon defendant Hawaii Paroling Auth on 6/20/02 through Jessie Macadamia, Secretary (fe) (Entered: 06/24/2002)

RETURN OF SERVICE executed upon defendant Al Beaver on 6/20/02 through Jessie Macadamia, Secretary (fe) (Entered: 06/24/2002)

RETURN OF SERVICE executed upon defendant Ted Sakai on 6/20/02 through Patti Ahu, secretary (fe) (Entered: 06/24/2002)

NOTICE OF MOTION and motion by defendants Hawaii, State of, Public Safety, Dept, Hawaii Paroling Auth, Al Beaver, and Ted Sakai to dismiss complaint ; memorandum in support of motion; declaration of James Kanehira; exhibits a-g; certificate of service - set for 10:00 10/30/02 before Judge Samuel P. King (fe) (Entered: 07/10/2002)

CERTIFICATE of service by plaintiff Charing Bernard (bbb) (Entered: 08/30/2002)

Plaintiff's EX PARTE MOTION to associate attorney MARY C. VARGAS to appear pro hac vice ; declaration of Stanley E. Levin; declaration of Mary C. Vargas; order granting plaintiffs' ex parte motion to associate counsel pro hac vice (bbb) (Entered: 09/06/2002)

Plaintiff's EX PARTE MOTION to associate attorney MARC P. CHARMATZ to appear pro hac vice ; declaration of Stanley E. Levin; declaration of Marc P. Charmatz; order granting plaintiffs' ex parte motion to associate counsel pro hac by Mag Judge Kevin S. Chang (bbb) (Entered: 09/06/2002)

CERTIFICATE of service by plaintiff Charing Bernard (bbb) (Entered: 09/10/2002)

CERTIFICATE of service by plaintiff Charing Bernard (bbb) (Entered: 09/10/2002)

Rule 16 SCHEDULING CONFERENCE STATEMENT by plaintiff Charing Bernard; certificate of service (bbb) (Entered: 09/13/2002)

SCHEDULING CONFERENCE STATEMENT by defendants Hawaii, State of, Public Safety, Dept, Hawaii Paroling Auth, Al Beaver, Doe Entities 1-100, Ted Sakai; certificate of service (bbb) (Entered: 09/13/2002)

CERTIFICATE of service by plaintiff Charing Bernard (eps) (Entered: 09/16/2002)

EP : Rule 16 Scheduling Conference 1. Non-jury trial on August 5, 2003 at 9:00.a.m. before SPK 2. Final Pretrial Conference on June 24, 2003 at 9:00a.m. before KSC 3. Final Pretrial Conference before District Judge N/A 4. Final Pretrial Statement by June 17, 2003 5. File motions to Join/Add Parties/Amend Pleadings by January 3, 2003 6. File other Non-Dispositive Motions by May 7, 2003 7. File Dispositive Motions by March 5, 2003 8a. File Motions in Limine by July 15, 2003 8b. File opposition memo to a Motion in Limine by July 22, 2003 11a. Plaintiff's Expert Witness Disclosures by February 3, 2003 11b. Defendant's Expert Witness Disclosures by March 5, 2003 12. Discovery deadline June 6, 2003 13. Settlement Conference set for April 7, 2003 at 2:00 p.m. before KSC 14. Settlement Conference statements by March 31, 2003 20. Submit Voir Dire Questions, Special Verdict Form, Concise Statement of Case and Jury Instructions by N/A 21. File Final witness list by July 15, 2003 24. Exchange Exhibit and Demonstrative aids by July 8, 2003 25. Stipulations re: Authenticity/Admissibility of Proposed Exhibits by July 15, 2003 26. File objections to the Exhibits by July 22, 2003 28a. File Deposition Excerpt Designations by July 15, 2003 28b. File Deposition Counter Designations and Objections by July 22, 2003 29. File Trial Brief by July 22, 2003 30. File Findings of Fact & Conclusions of Law by July 22, 2003 ; Trial set for 9:00 8/5/03 before Judge Samuel P. King, ; final pretrial conference set for 9:00 6/24/03 ; Discovery ddl set for 6/6/03 ; Motion filing ddl set for 3/5/03 ; settlement/status conference set for 2:00 4/7/03 before Mag Judge Kevin S. Chang ( Ct Rptr : no record) JUDGE Mag Judge Kevin S. Chang (bbb) (Entered: 09/19/2002)

Rule 16 SCHEDULING ORDER Mag Judge Kevin S. Chang (cc: all counsel) (bbb) (Entered: 09/19/2002)

EO: Defendants State of Hawaii's, et al. Motion to Dismiss Complaint set for hearing on October 30, 2002 is hereby continued to November 15, 2002 @l0:00 a.m. before Judge S. King. Plaintiff's Counsel will be filing a Motion for Preliminary Injunction that will also be calendared for November 15, 2002. cc: All Counsel of Record [8-1] () JUDGE Judge Samuel P. King (afc) (Entered: 09/20/2002)

First AMENDED COMPLAINT [1-1] by plaintiff Charing Bernard; Summons issued; adding Allen Kaufman (bbb) (Entered: 09/27/2002)

CERTIFICATE of service by defendants Hawaii, State of, Public Safety, Dept, Hawaii Paroling Auth, Al Beaver, Ted Sakai (bbb) (Entered: 10/01/2002)

CERTIFICATE of service by defendants Hawaii, State of, Public Safety, Dept, Hawaii Paroling Auth, Al Beaver, Ted Sakai (bbb) (Entered: 10/01/2002)

DEMAND for jury trial and certificate of service - by plaintiff (lmg) (Entered: 10/04/2002)

CERTIFICATE of service by plaintiff Charing Bernard (eps) (Entered: 10/02/2002)

CERTIFICATE of service by plaintiff Charing Bernard (bbb) (Entered: 10/11/2002)

CERTIFICATE of service by plaintiff Charing Bernard (bbb) (Entered: 10/11/2002)

CERTIFICATE of service by plaintiff Charing Bernard (bbb) (Entered: 10/11/2002)

CERTIFICATE of service by plaintiff Charing Bernard (bbb) (Entered: 10/11/2002)

NOTICE of WITHDRAWAL OF MOTION by defendants re: defendants State of Hawaii Department of Public Safety, State of Hawaii, Ted Sakai, Hawaii Paroling Authority, and Al Beavers motion to dismiss complaint [8-1] filed on July 9, 2002; certificate of service (bbb) (Entered: 10/11/2002)

NOTICE OF MOTION and motion by defendants Hawaii, State of, Public Safety, Dept, Hawaii Paroling Auth, Al Beaver, Ted Sakai to dismiss first amended complaint as to claims brought by plaintiff Charing Bernard ; memorandum in support of motion; declaration of James Kanehira; exhibits a-l; certificate of service; motion set for 10:00 11/15/02 before Judge Samuel P. King (bbb) (Entered: 10/11/2002)

ANSWER by defendants Hawaii, State of, Public Safety, Dept, Hawaii Paroling Auth, Al Beaver, Ted Sakai to first amended complaint as to claims brought by plaintiff Allen Kaufman [20-1]; certificate of service (bbb) (Entered: 10/11/2002)

NOTICE OF MOTION and plaintiffs' motion by plaintiff Charing Bernard for a preliminary injunction ; memorandum in support of motion; declaration of Charing Bernard; declaration of Jenny Blake; declaration of Allen Kaufman; declaration of Carol A. Kamara; exhibits a & b; and certificate of serfice; motion set for 10:00 11/15/02 before Judge Samuel P. King (bbb) (Entered: 10/16/2002)

CERTIFICATE of service by defendant (lmg) (Entered: 10/15/2002)

Plaintiffs Writ of Habeas Corpus Ad Testificandum re: attendance of Charing Bernard - DENIED by Judge Samuel P. King (afc) (Entered: 10/25/2002)

MEMORANDUM by defendants Hawaii, State of, Public Safety, Dept, Hawaii Paroling Auth, Al Beaver, Ted Sakai in opposition to motion for a preliminary injunction [33-1]; declaration of Kendall J. Moser; exhibits 1-2; certificate of service (fe) (Entered: 10/29/2002)

MEMORANDUM by plaintiff Charing Bernard in opposition to defendants State of Hawaii, Department of Public Safety, Hawaii Paroling Authority and Al Beaver's motion to dismiss first amended complaint as to claims brought by plaintiff Charing Bernard [30-1]; declaration of Charing Bernard; declaration of Jenny Blake; declaration of Carl M. Varady, exhibits 1-4; certificate of service (fe) (Entered: 10/29/2002)

CERTIFICATE of service by defendants Hawaii, State of (bbb) (Entered: 11/01/2002)

Reply MEMORANDUM by defendants Hawaii, State of, Public Safety, Dept, Hawaii Paroling Auth, Al Beaver, Ted Sakai in support of motion to dismiss first amended complaint as to claims brought by plaintiff Charing Bernard [30-1]; declaration of Kendall J. Moser; exhibit a; certificate of service (bbb) (Entered: 11/04/2002)

REPLY MEMORANDUM by plaintiffs in support of plaintiffs' motion for preliminary injunction [33-1]; declaration of Allen Kaufman; exhibits a-b declaration of Stanley E. Levin; exhibits 5-10; and certificate of service (lmg) (Entered: 11/06/2002)

CERTIFICATE of service by defendants Hawaii, State of, Public Safety, Dept, Hawaii Paroling Auth, Al Beaver, and Ted Sakai (fe) (Entered: 11/07/2002)

SUPPLEMENTAL declarations in support of plaintiffs' motion for preliminary injunction [39-1]; declaration of Connie J. Balmes; declaration of Bruce Clark; exhibit 11 and certificate of service (bbb) (Entered: 11/08/2002)

CERTIFICATE of service by defendants (bbb) (Entered: 11/18/2002)

CERTIFICATE of service by defendants (bbb) (Entered: 11/18/2002)

EP : Defendants' Motion to Dismiss Plaintiff Charing Bernard's 1st Amended Complaint is taken under advisement. Plaintiffs' Motion for Preliminary Injunction is taken under advisement. [30-1] [33-1] ( Ct Rptr :ESR-BB ) JUDGE Judge Samuel P. King (bbb) (Entered: 11/19/2002)

EO :Settlement Conference/Status Conference set for 02/12/2003 02:00 PM before Judge Chang. Settlement Conference Statements shall be submitted to Judge Chang's Chambers by February 05, 2003. (This Conference was set up by Judge S. King) cc: All Counsel by Fax settlement/status conference set for 2:00 2/12/03 before Mag Judge Kevin S. Chang ( Ct Rptr : ) JUDGE Mag Judge Kevin S. Chang (fe) (Entered: 01/28/2003)

EO :Settlement Conference advance from 2-12-03 to 2-10-03 at 2:00 KSC. Kendall Moser to notify parties. settlement conference set for 2:00 2/10/03 before Mag Judge Kevin S. Chang ( Ct Rptr : ) JUDGE Mag Judge Kevin S. Chang (fe) (Entered: 01/29/2003)

EO :By agreement of the parties, Continued : [Settlement Conference] from 02/10/2003 02:00:00 PM to 02/13/2003 02:00:00 PM before KSC. Carl Varady to notify parties. settlement conference set for 2:00 2/13/03 before Mag Judge Kevin S. Chang ( Ct Rptr : ) JUDGE Mag Judge Kevin S. Chang (fe) (Entered: 02/05/2003)

EP :Settlement Conference held. Next conference is set for 3-7-03 at 9:30 KSC. settlement conference held 2/13/03 ; settlement/status conference set for 9:30 3/7/03 before Judge Kevin S. Chang ( Ct Rptr : none) JUDGE Mag Judge Kevin S. Chang (fe) (Entered: 02/19/2003)

EP :Further Settlement Conference held. Next conference is set on 3-14-03 at 3:00 KSC. settlement conference held 3/7/03 ; settlement/status conference set for 3:00 3/14/03 before Mag Judge Kevin S. Chang ( Ct Rptr : No Reporter) JUDGE Mag Judge Kevin S. Chang (fe) (Entered: 03/10/2003)

EO :Further Settlement Conference set for 03/14/2003 @3:00 p.m. is moved to 10:30 a.m. on the same day before Judge Chang. cc: All Counsel by Fax settlement/status conference set for 10:30 3/14/03 before Mag Judge Kevin S. Chang ( Ct Rptr : ) JUDGE Mag Judge Kevin S. Chang (fe) Modified on 03/25/2003 (Entered: 03/13/2003)

ORDER by Judge Samuel P. King granting in part and denying in part defendants' motion to dismiss [30-1] and order granting in part and denying in part plaintiffs' motion for a preliminary injunction [33-1] (cc: all counsel) (fe) Modified on 03/25/2003 (Entered: 03/24/2003)

defendants Hawaii, State of, Public Safety, Dept, Hawaii Paroling Auth, Al Beaver ANSWER to first amended complaint as to claims brought by plaintiff Charing Bernard [20-1]; certificate of service (bbb) (Entered: 04/01/2003)

EO :Settlement Conference set for 4/7/03 at 2:00 pm before Judge Chang has been taken off. Parties to call if a further settlement conference is needed. Mr. Levin's office to notify all parties. settlement conference, ( Ct Rptr : ) JUDGE Mag Judge Kevin S. Chang (fe) (Entered: 04/03/2003)

EO :Status Conference is set for 6/10/2003 at 9:00 AM before Judge Chang. status conference set for 9:00 6/10/03 before Mag Judge Kevin S. Chang ( Ct Rptr : ) JUDGE Mag Judge Kevin S. Chang (fe) (Entered: 06/03/2003)

EP :Status Conference. Discussion held. Parole issue discussed. Fees and costs issue discussed. A Stipulation for Partial Dismissal as to Bernard to be submitted by 7/14/03. New trial date given. Amended Rule 16 Order to be issued. 1. Non-jury trial on February 10, 2004 at 9:00 a.m. before SPK 2. Final Pretrial Conference on December 30, 2003 at 9:00 a.m. before KSC 3. Final Pretrial Conference before District Judge N/A 4. Final Pretrial Statement by December 23, 2003 5. File motions to Join/Add Parties/Amend Pleadings by July 11, 2003 6. File other Non-Dispositive Motions by November 12, 2003 7. File Dispositive Motions by September 10, 2003 8a. File Motions in Limine by January 20, 2004 8b. File opposition memo to a Motion in Limine by January 27, 2004 11a. Plaintiff's Expert Witness Disclosures by August 11, 2003 11b. Defendant's Expert Witness Disclosures by September 10, 2003 12. Discovery deadline December 12, 2003 13. Settlement Conference set for 10/29/03 at 2:00pm before KSC 14. Settlement Conference statements by 10/22/03 20. Submit Voir Dire Questions, Special Verdict Form, Concise Statement of Case and Jury Instructions by N/A 21. File Final witness list by January 20, 2004 24. Exchange Exhibit and Demonstrative aids by January 13, 2004 25. Stipulations re: Authenticity/Admissibility of Proposed Exhibits by January 20, 2004 26. File objections to the Exhibits by January 27, 2004 28a. File Deposition Excerpt Designations by January 20, 2004 28b. File Deposition Counter Designations and Objections by January 27, 2004 29. File Trial Brief by January 27, 2004 30. File Findings of Fact & Conclusions of Law by January 27, 2004 Other Matters: None. status conference held 6/10/03 before Mag Judge Kevin S. Chang, Trial set for 9:00 2/10/04 before Judge Samuel P. King, final pretrial conference set for 9:00 12/30/03 ; Discovery ddl set for 12/12/03 ; Motion filing ddl set for 9/10/03 ; settlement/status conference set for 2:00 10/29/03 before Mag Judge Kevin S. Chang ( Ct Rptr : no record) JUDGE Mag Kevin S. Chang (fe) (Entered: 06/10/2003)

AMENDED RULE 16 SCHEDULING ORDER Mag Judge Kevin S. Chang (cc: all counsel) (bbb) (Entered: 06/16/2003)

CERTIFICATE of service by defendants Hawaii, State of, Public Safety, Dept, Hawaii Paroling Auth, Al Beaver and Ted Sakai (fe) (Entered: 07/31/2003)

CERTIFICATE of service by defendants Hawaii, State of, Public Safety, Dept, Hawaii Paroling Auth, Al Beaver and Ted Sakai (fe) (Entered: 07/31/2003)

EO :Status Conference is set for 8/29/2003 at 9:00 AM before Judge Chang. Mr. Moser to notify all parties. status conference set for 9:00 8/29/03 before Mag Judge Kevin S. Chang ( Ct Rptr : ) JUDGE Mag Judge Kevin S. Chang (fe) (Entered: 08/25/2003)

EP: Status Conference Regarding Trial date and other Scheduling Deadlines- The Trial will be moved 60 Days from the present date- 1. Non-jury trial on April 13, 2004 at 9:00 a.m. before SPK 2. Final Pretrial Conference on March 2, 2004 at 9:00 a.m. before KSC 3. Final Pretrial Conference before District Judge N/A 4. Final Pretrial Statement by February 24, 2004 5. File motions to Join/Add Parties/Amend Pleadings by closed 6. File other Non-Dispositive Motions by January 14, 2004 7. File Dispositive Motions by November 12, 2003 8a. File Motions in Limine by March 23, 2004 8b. File opposition memo to a Motion in Limine by March 30, 2004 11a. Plaintiff's Expert Witness Disclosures by October 13, 2003 11b. Defendant's Expert Witness Disclosures by November 12, 2003 12. Discovery deadline February 13, 2004 13. Settlement Conference set for December 12, 2003 at 10:00am before KSC 14. Settlement Conference statements by December 05, 2003 20. Submit Voir Dire Questions, Special Verdict Form, Concise Statement of Case and Jury Instructions by N/A 21. File Final witness list by March 23, 2004 24. Exchange Exhibit and Demonstrative aids by March 16, 2004 25. Stipulations re: Authenticity/Admissibility of Proposed Exhibits by March 23, 2004 26. File objections to the Exhibits by March 30, 2004 28a. File Deposition Excerpt Designations by March 23, 2004 28b. File Deposition Counter Designations and Objections by March 30, 2004 29. File Trial Brief by March 30, 2004 30. File Findings of Fact & Conclusions of Law by March 30, 2004 Other Matters; ; Trial set for 9:00 4/13/04 before Judge Samuel P. King, final pretrial conference set for 9:00 3/2/04; Discovery ddl set for 2/13/04; Motion filing ddl set for 11/12/03; settlement/status conference set for 10:00 12/12/03 before Mag Judge Leslie E. Kobayashi ( Ct Rptr : None) JUDGE Mag Judge Kevin S. Chang (bbb) (Entered: 09/04/2003)

Second AMENDED Rule 16 SCHEDULING ORDER Mag Judge Kevin S. Chang (cc: all counsel) (bbb) (Entered: 09/04/2003)

EO: Letter Briefs are to be submitted to Judge Chang by October 16, 2003 by 4:00 p.m. regarding Answers to Interrogatories and Written Request for Discovery Documents that were requested by the Defendants from the Plaintiffs. cc: All Counsel of Record by Fax and Judge Chang () JUDGE Mag Judge Kevin S. Chang (bbb) (Entered: 10/09/2003)

NOTICE OF hearing defendants Hawaii, State of, Public Safety, Dept, Hawaii Paroling Auth, Al Beaver, Ted Sakai's motion for leave to take oral deposition of Plaintiff Charing Bernard ; declaration of Kendall J. Moser; certificate of service; motion set for 9:30 11/13/03 before Mag Judge Kevin S. Chang (bbb) (Entered: 10/09/2003)

EO: Discovery Conference is set for 10/24/2003 at 3:00 PM before Judge Chang. All counsel to participate by phone. cc: all counsel of record ; in court hearing set for 3:00 10/24/03 before Mag Judge Kevin S. Chang () JUDGE Mag Judge Kevin S. Chang (bbb) (Entered: 10/17/2003)

EO: At counsel's request, the Discovery Conference currently set for 10/24/2003 at 3:00 PM has been continued to 10/30/2003 at 2:30 PM before Judge Chang. A Status Conference will also be held. Kendall Moser to notify all parties. ; settlement/status conference set for 2:30 10/30/03 ; in court hearing set for 2:30 10/30/03 before Mag Judge Kevin S. Chang () JUDGE Mag Judge Kevin S. Chang (bbb) (Entered: 10/27/2003)

NOTICE OF MOTION and motion by plaintiff Allen Kaufman to withdraw attorney ; declaration of Stanley E. Levin; exhibit a and certificate of service - set for 9:30 11/13/03 before Mag Judge Kevin S. Chang (fe) (Entered: 10/29/2003)

defendants State of Hawaii, Public Safety, Dept, Hawaii Paroling Auth, Al Beaver, and Ted Sakai's RESPONSE to plaintiffs' motion to withdraw as counsel for plaintiff Allen Kaufman [66-1]; certificate of service (bbb) (Entered: 11/03/2003)

EP: Discovery/Status Conference. Discussion held regarding Interrogatory and Production of Documents regarding Plaintiff Kaufman which shall be addressed further at the 11/13/03 motion. Issues regarding Plaintiff Bernard to be discussed at a Status Conference following the 11/13/03 motion. ; settlement/status conference held 10/30/03 before Mag Judge Kevin S. Chang ( Ct Rptr : C5-no record) JUDGE Mag Judge Kevin S. Chang (bbb) (Entered: 11/03/2003)

Amended CERTIFICATE of service by defendants Hawaii, State of, Public Safety, Dept, Hawaii Paroling Auth, Al Beaver, Doe Entities 1-100, Ted Sakai (bbb) Modified on 11/13/2003 (Entered: 11/13/2003)

Amended CERTIFICATE of service by defendants Hawaii, State of, Public Safety, Dept, Hawaii Paroling Auth, Al Beaver, Doe Entities 1-100, Ted Sakai (bbb) (Entered: 11/13/2003)

EO: At counsel's request, the Settlement Conference currently set for 12/12/2003 at 10:00 AM has been continued to 1/21/2004 at 2:00 PM before Judge Chang. Kendall Moser to notify all parties. ; settlement/status conference set for 2:00 1/21/04 before Mag Judge Kevin S. Chang () JUDGE Judge Kevin S. Chang (bbb) (Entered: 11/13/2003)

EP: 1) Defendants State of Hawaii's Motion for Leave to Take Deposition, 2) Plaintiffs' Motion to Withdraw as Counsel for Plaintiff Allen Kaufman, and 3) Status Conference. There being no opposition, Defendants State of Hawaii's Motion for Leave to Take Deposition is hereby granted. Mr. Moser to prepare the order. There being no opposition, Plaintiffs' Motion to Withdraw as Counsel for Plaintiff Allen Kaufman is hereby granted. Mr. Varady to prepare the order and include the last known address and phone number in the order. Until an appearance is made, Mr. Kaufman will be considered Pro Se. Status Conference held. Mr. Moser will serve discovery requests upon Mr. Kaufman. A Status Conference will be held on 12/8/03 at 9:00am before Judge Chang. Mr. Kaufman should be present at this status conference. cc: all counsel of record, via mail; Allen Kaufman, via mail [66-1] [63-1] ; in court hearing set for 9:00 12/8/03 before Mag Judge Kevin S. Chang ( Ct Rptr : C5 Tape #1198) JUDGE Mag Judge Kevin S. Chang (bbb) (Entered: 11/14/2003)

ORDER granting motion to withdraw attorney [66-1] by Mag Judge Kevin S. Chang: attorney Stanley E. Levin for Allen Kaufman, attorney Carl M. Varady for Allen Kaufman (bbb) (Entered: 11/14/2003)

ORDER granting defendants State of Hawaii, Department of Public Safety, State of Hawaii, Ted Sakai, Hawaii Paroling Authority, and Al Beaver's motion for leave to take oral deposition of Plaintiff Charing Bernard [63-1] (bbb) (Entered: 11/20/2003)

STIPULATION to dismiss with prejduice all cliams brought by Plaintiff Allen Kaufman, and ORDER by Judge Samuel P. King: plaintiff Charing Bernard's claims against defendants remain. terminating party Allen Kaufman (bbb) (Entered: 11/26/2003)

EO: At Plaintiff's request, the Status Conference currently set for 12/08/2003 at 9:00 AM has been continued to 12/18/2003 at 9:00 AM before Judge Chang. Carl Varady to notify all parties. ; in court hearing set for 9:00 12/18/03 before Mag Judge Kevin S. Chang () JUDGE Mag Judge Kevin S. Chang (bbb) (Entered: 12/05/2003)

EP: Status Conference. Discussion held regarding the "Bridge Program", communication access, interpreter services, grievance process, defendant's expert. Mr. Moser to check on length of "Bridge Program". ; In-court hearing held 12/18/03 before Mag Judge Kevin S. Chang ( Ct Rptr : C5 no record) JUDGE Mag Judge Kevin S. Chang (bbb) (Entered: 12/19/2003)

EO: At Plaintiff's request, the Settlement Conference currently set for 1/21/2004 at 2:00 PM has been continued to 2/05/2004 at 11:00 AM before Judge Chang. Kendall Moser to notify all parties; settlement/status conference set for 11:00 2/5/04 before Mag Judge Kevin S. Chang () JUDGE Judge Kevin S. Chang (bbb) (Entered: 01/13/2004)

EO : At Plaintiff's request, the Settlement Conference currently set for 2/05/2004 at 11:00 AM has been continued to 2/18/2004 at 11:00 AM before Judge Chang. Carl Varady to notify all parties ( Ct Rptr : ) JUDGE Mag Judge Kevin S. Chang (eps) (Entered: 01/28/2004)

EP: Settlement Conference. Settlement conference held. Further Settlement Conference and/or Final Pretrial Conference set 3/2/04 at 9:00am before Judge Chang. ; settlement/status conference set for 9:00 3/2/04 before Mag Judge Kevin S. Chang (Ct Rptr: in chambers-no record) JUDGE Judge Kevin S. Chang (bbb) (Entered: 02/19/2004)

defendants State of Hawaii, Department of Public Safety, State of Hawaii Paroling Authority, Al Beaver, and Ted Sakai's FINAL PRETRIAL STATEMENT; certificate of service (bbb) (Entered: 02/26/2004)

plaintiff Charing Bernard's PRETRIAL STATEMENT; certificate of service (bbb) (Entered: 02/26/2004)

EP : Settlement Conference. Settlement conference held. Parties are close. Mr. Varady to review the proposal for settlement with his client. Further Settlement Conference set 3/5/04 at 9:00am before Judge Chang. Final Pretrial Conference continued to 3/5/04 at 9:00am before Judge Kevin S. Chang ( Ct Rptr : C5 no record) JUDGE Mag Judge Kevin S. Chang (eps) (Entered: 03/02/2004)

EP : Further Settlement Conference; Final Pretrial Conference. Settlement conference held. Settlement reached. Terms stated on the record. Status Conference Re: Filing of Dismissal set 3/29/04 at 9:00am before Judge Chang. Non Jury Trial date of 4/13/04 before Judge King is hereby vacated. Mr. Varady to file his Motion as to Fees and Costs by 3/22/04. Statement of Consultation will not be needed. Final Pretrial Conference is hereby vacated. settlement/status conference held 3/5/04 ; status conference set for 9:00 3/29/04 ; Trial vacated ( Ct Rptr : C4, CD2 (9:07-9:13:58)) JUDGE Mag Judge Kevin S. Chang (fe) (Entered: 03/08/2004)

EP : Status Conference Re: Filing of Dismissal. Parties are close to final language in the Settlement Agreement. If counsel unable to resolve by Friday, April 2, 2004, the Court will enter an Order of Dismissal retaining jurisdiction to enforce the terms and conditions of settlement. cc: Carl Varady, by fax ( Ct Rptr : C5 no record) JUDGE Mag Judge Kevin S. Chang (eps) (Entered: 03/30/2004)

EO: Status Conference-Regarding the Settlement and the Stipulation for Dismissal set for April 19, 2004 @9:00 a.m. before Judge Chang. Pltf's Counsel Carl M. Varady will notify all Counsel of this Status Conference Date. ; settlement/status conference set for 9:00 4/19/04 before Mag Judge Kevin S. Chang () JUDGE Judge Kevin S. Chang (bbb) (Entered: 04/13/2004)

NOTICE OF Non-hearing MOTION; plaintiff Charing Bernard's MOTION for an award of attorneys' fees and costs ; memorandum in support of motion; declaration of Carl M. Varady; exhibits 1-3; certificate of service; referred to Judge Samuel P. King (bbb) (Entered: 04/13/2004)

DECLARATION of Stanley E. Levin in support of plaintiff's motion for award of attorneys fees and costs; exhibit 1 and certificate of service [87-1] by plaintiff Charing Bernard (bbb) (Entered: 04/13/2004)

ORDER by Judge Samuel P. King electing to have Mag Judge Kevin S. Chang adjudicate the motion for an award of attorneys' fees and costs [87-1] (bbb) (Entered: 04/16/2004)

EO: settlementa conference re: attorneys' fees and costs [87-1] set for 2:00 5/19/04 (); cc: all counsel JUDGE Mag Judge Kevin S. Chang (bbb) (Entered: 04/19/2004)

EP: Status Conference Regarding the Settlement and the Stipulation for Dismissal. Discussion held regarding the language in the Stipulation presented to the Court this morning by Mr. Varady. Mr. Moser to review Stipulation with his supervisor. ; settlement/status conference held 4/19/04 before Mag Judge Kevin S. Chang ( Ct Rptr : C5-no record) JUDGE Mag Judge Kevin S. Chang (bbb) (Entered: 04/20/2004)

NOTICE OF hearing MOTION; plaintiff Charing Bernard's MOTION to enforce settlement agreement or to enter an order of recission ; declaration of Carl M. Varady; exhibits 1-4; certificate of service - referred to Mag Judge Kevin S. Chang (bbb) (Entered: 04/22/2004)

EO: Plaintiffs' Motion to Enforce Settlement Agreement or to Enter an Order of Recission filed on 4/21/04 is hereby set for hearing on 5/26/2004 at 9:30 AM before Judge Chang. cc: all counsel via fax [92-1] () JUDGE Mag Judge Kevin S. Chang (bbb) (Entered: 04/23/2004)

defendants State of Hawaii, Public Safety, Dept, Hawaii Paroling Auth, Al Beaver and Ted Sakai's MEMORANDUM in opposition to plaintiffs' motion for an award of attorneys' fees and costs [87-1]; declaration of Kendall J. Moser; exhibits a-h; certificate of service (bbb) (Entered: 04/23/2004)

plaintiff Charing Bernard's REPLY to defendant State of Hawaii, Department of Public Safety, Ted Sakai, Hawaii Paroling Authority and Al Beaver's memorandum in opposition to plaintiff's motion for an award of attorneys' fees and costs [94-1]; declaration of Carl M. Varady, exhibit 1; certificate of service (bbb) (Entered: 05/05/2004)

defendants Hawaii, State of, Public Safety, Dept, Hawaii Paroling Auth, Al Beaver, and Ted Sakai MEMORANDUM in opposition to plaintiffs' motion to enforce settlement agreement or to enter an order of recission [92-1]; declaration of Kendall J. Moser; exhibits a-d; certificate of service (bbb) (Entered: 05/07/2004)

plaintiff Charing Bernard's REPLY to defendant State of Hawaii Department of Public Safety, State of Hawaii, Ted Sakai, Hawaii Paroling Authority, and Al Beaver's opposition to plaintiff's motion to enforce settlement agreement or to enter an order of recision [96-1]; declaration of Carl M. Varady, exhibits 1-8; certificate of service (bbb) (Entered: 05/17/2004)

EO: Settlement Conference Re: Attorneys' Fees and Costs currently set for 5/19/2004 at 2:00 PM has continued to 5/26/2004 at 9:30 AM before Judge Chang along with Plaintiffs' Motion to Enforce Settlement Agreement or to Enter an Order of Recission currently set. cc: Stanley Levin, Carl Varady and Kendall Moser via fax ; settlement/status conference set for 9:30 5/26/04 before Mag Judge Kevin S. Chang () JUDGE Mag Judge Kevin S. Chang (bbb) (Entered: 05/20/2004)

EP: 1. Plaintiffs' Motion to Enforce Settlement Agreement or to Enter an Order of Recission 2. Settlement Conference Re: Plaintiff Charing Bernard's Motion for An Award of Attorneys' Fees and Costs. Plaintiffs' Motion to Enforce Settlement Agreement or to Enter an Order of Recission is granted. Order of Dismissal to be entered by this Court. Court heard arguments on Plaintiff Charing Bernard's Motion for An Award of Attorneys' Fees and Costs. Motion taken under advisement. Court to issue a written ruling. [92-1], [87-1] ( Ct Rptr : C5 CD#4 9:38-9:54:39a) JUDGE Mag Judge Kevin S. Chang (bbb) (Entered: 05/26/2004)