U.S. District Court District of Hawaii (Hawaii) CIVIL DOCKET FOR CASE #: 1:10-cv-00436-SOM-RT

P.-K. et al v. Department of Education, State of Hawai'i Assigned to: JUDGE SUSAN OKI MOLLWAY Referred to: MAGISTRATE JUDGE ROM TRADER Case in other court: 9CCA, 12-16063 Cause: 20:1400 Civil Rights of Handicapped Child

Date Filed: 07/27/2010 Date Terminated: 05/16/2019 Jury Demand: None Nature of Suit: 446 Civil Rights: Americans with Disabilities - Other Jurisdiction: Federal Question

Plaintiff
R. P.-K. by and through his parent C.K., for themselves and on behalf of a class of those similarly situated, TERMINATED: 02/27/2012

represented by Erika L. T. Amatore Dentons US LLP 1001 Bishop Street 18th Floor Honolulu, HI 96813 524-1800 Fax: 524-4591 Email: erika.amatore@dentons.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jason H. Kim Schneider Wallace Cottrell Konecky Wotkyns LLP 2000 Powell Street, Suite 1400 Suite 2000 Emeryville, CA 94608 (415) 421-7100 Fax: (415) 421-7105 Email: jkim@schneiderwallace.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kristin L. Holland Dentons US LLP 1001 Bishop Street 18th Floor Honolulu, HI 96813 808-524-1800 Fax: 808-524-4591 Email: kristin.holland@dentons.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Louis Erteschik

Hawaii Disability Rights Center 1132 Bishop Street, Suite 2102 Honolulu, HI 96813-3701 949-2922 Email: louis@hawaiidisabilityrights.org LEAD ATTORNEY ATTORNEY TO BE NOTICED
Matthew Charles Bassett Hawaii Disability Rights Center 1132 Bishop Street, Suite 2102 Honolulu, HI 96813-3701 808 874-3789 Fax: 808 874-8645 Email: mattbassettesq@gmail.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Meredith G. Miller Dentons US LLP 1001 Bishop Street 18th Floor Honolulu, HI 96813 808-524-1800 Fax: 808-524-4591 Email: meredith.miller@dentons.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Paul Alston Dentons US LLP 1001 Bishop Street 18th Floor Honolulu, HI 96813 524-1800 Email: palston@ahfi.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Janna W Ahu Dentons US LLP 1001 Bishop Street 18th Floor Honolulu, HI 96813 808-524-1800 Fax: 808-524-4591 Email: janna.ahu@dentons.com ATTORNEY TO BE NOTICED

Plaintiff C. K.

John P. Dellera John P. Dellera 619 Ahakea Street Honolulu, HI 96816 739-9078 Email: jdellera@hawaii.rr.com TERMINATED: 10/26/2011
represented by Chrystn K.A. Eads Dentons US LLP 1001 Bishop Street 18th Floor Honolulu, HI 96813 524-1800 TERMINATED: 09/16/2019 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Claire Wong Black Dentons US LLP 1001 Bishop Street 18th Floor Honolulu, HI 96813 524-1800 Fax: 808-524-4591 Email: claire.black@dentons.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jason H. Kim (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kristin L. Holland (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Louis Erteschik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Matthew Charles Bassett (See above for address)

LEAD ATTORNEY ATTORNEY TO BE NOTICED
Meredith G. Miller (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Paul Alston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Janna W Ahu (See above for address) ATTORNEY TO BE NOTICED
Jennifer Visitacion Patricio U.S. NAVY - USPACFLT EEO HAWAII 517 Russell Avenue, Suite 220 JBPHH, HI 96860 (808)471-0962 Fax: (808) 471-4158 Email: jenpatricio@hotmail.com TERMINATED: 08/11/2016
John P. Dellera (See above for address) TERMINATED: 10/26/2011
Kyu Y. Paek Alston Hunt Floyd & Ing 1001 Bishop St Ste 1800 Honolulu, HI 96813 524-1800 Fax: 524-4591 Email: mpaek@ahfi.com TERMINATED: 06/02/2014
Michelle N. Comeau Alston Hunt Floyd & Ing - Honolulu American Savings Bank Tower 1001 Bishop St Ste 1800 Honolulu, HI 96813 524-1800

Plaintiff
R. T. D. through his parents R.D. and M.D. , for themselves and on behalf of a class of those similarly situated,

Email: mcomeau@ahfi.com TERMINATED: 10/12/2017
represented by Chrystn K.A. Eads (See above for address) TERMINATED: 09/16/2019 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Claire Wong Black (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Erika L. T. Amatore (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jason H. Kim (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kristin L. Holland (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Louis Erteschik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Matthew Charles Bassett (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Meredith G. Miller (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Paul Alston

Plaintiff R. D.

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Janna W Ahu (See above for address) ATTORNEY TO BE NOTICED
Jennifer Visitacion Patricio (See above for address) TERMINATED: 08/11/2016
John P. Dellera (See above for address) TERMINATED: 10/26/2011
Kyu Y. Paek (See above for address) TERMINATED: 06/02/2014
Michelle N. Comeau Dentons US LLP 1001 Bishop Street 18th Floor Honolulu, HI 96813 524-1800 Email: mcomeau@ahfi.com TERMINATED: 10/12/2017
Zachary M. Diionno Alston Hunt Floyd & Ing - Honolulu American Savings Bank Tower 1001 Bishop St Ste 1800 Honolulu, HI 96813 808-524-1800 Fax: 808-5244591 Email: zdiionno@ahfi.com TERMINATED: 10/03/2017
represented by Chrystn K.A. Eads (See above for address) TERMINATED: 09/16/2019 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Claire Wong Black

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jason H. Kim (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kristin L. Holland (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Louis Erteschik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Matthew Charles Bassett (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Meredith G. Miller (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Paul Alston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Janna W Ahu (See above for address) ATTORNEY TO BE NOTICED
Jennifer Visitacion Patricio (See above for address) TERMINATED: 08/11/2016
John P. Dellera (See above for address) TERMINATED: 10/26/2011

Plaintiff M. D.

Kyu Y. Paek (See above for address) TERMINATED: 06/02/2014
Michelle N. Comeau (See above for address) TERMINATED: 10/12/2017
Zachary M. Diionno (See above for address) TERMINATED: 10/03/2017
represented by Chrystn K.A. Eads (See above for address) TERMINATED: 09/16/2019 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Claire Wong Black (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Erika L. T. Amatore (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jason H. Kim (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kristin L. Holland (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Louis Erteschik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Matthew Charles Bassett (See above for address)

Plaintiff
B. P. through her parent M.P. TERMINATED: 03/14/2011

LEAD ATTORNEY ATTORNEY TO BE NOTICED
Meredith G. Miller (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Paul Alston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Janna W Ahu (See above for address) ATTORNEY TO BE NOTICED
Jennifer Visitacion Patricio (See above for address) TERMINATED: 08/11/2016
John P. Dellera (See above for address) TERMINATED: 10/26/2011
Kyu Y. Paek (See above for address) TERMINATED: 06/02/2014
Michelle N. Comeau (See above for address) TERMINATED: 10/12/2017
Zachary M. Diionno (See above for address) TERMINATED: 10/03/2017
represented by Jason H. Kim (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kristin L. Holland (See above for address) LEAD ATTORNEY

Plaintiff M. P.

ATTORNEY TO BE NOTICED
Matthew Charles Bassett (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Meredith G. Miller (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Paul Alston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Janna W Ahu (See above for address) ATTORNEY TO BE NOTICED
John P. Dellera (See above for address) TERMINATED: 10/26/2011
represented by Chrystn K.A. Eads (See above for address) TERMINATED: 09/16/2019 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Claire Wong Black (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jason H. Kim (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kristin L. Holland (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
C. B. through her parent N.B. , for themselves and on behalf of a class of those similarly situated,

Louis Erteschik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Matthew Charles Bassett (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Meredith G. Miller (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Paul Alston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Janna W Ahu (See above for address) ATTORNEY TO BE NOTICED
Jennifer Visitacion Patricio (See above for address) TERMINATED: 08/11/2016
John P. Dellera (See above for address) TERMINATED: 10/26/2011
Kyu Y. Paek (See above for address) TERMINATED: 06/02/2014
Michelle N. Comeau (See above for address) TERMINATED: 10/12/2017
represented by Jason H. Kim (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

TERMINATED: 03/14/2011
Plaintiff N. B.

Kristin L. Holland (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Matthew Charles Bassett (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Meredith G. Miller (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Paul Alston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Janna W Ahu (See above for address) ATTORNEY TO BE NOTICED
John P. Dellera (See above for address) TERMINATED: 10/26/2011
Michelle N. Comeau (See above for address) TERMINATED: 10/12/2017
represented by Chrystn K.A. Eads (See above for address) TERMINATED: 09/16/2019 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Claire Wong Black (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jason H. Kim

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kristin L. Holland (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Louis Erteschik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Matthew Charles Bassett (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Meredith G. Miller (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Paul Alston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Janna W Ahu (See above for address) ATTORNEY TO BE NOTICED
Jennifer Visitacion Patricio (See above for address) TERMINATED: 08/11/2016
John P. Dellera (See above for address) TERMINATED: 10/26/2011
Kyu Y. Paek (See above for address) TERMINATED: 06/02/2014
Michelle N. Comeau

Plaintiff
Hawaii Disability Rights Center in a representative capacity on behalf of its clients and all others similarly situated

(See above for address) TERMINATED: 10/12/2017
represented by Erika L. T. Amatore (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jason H. Kim (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kristin L. Holland (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Matthew Charles Bassett (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Meredith G. Miller (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Paul Alston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Janna W Ahu (See above for address) ATTORNEY TO BE NOTICED
Jennifer Visitacion Patricio (See above for address) TERMINATED: 08/11/2016
John P. Dellera (See above for address) TERMINATED: 10/26/2011

Plaintiff
E.R. K. by his legal guardian and class representative R.K.

Michelle N. Comeau (See above for address) TERMINATED: 10/12/2017
Zachary M. Diionno (See above for address) TERMINATED: 10/03/2017
represented by Chrystn K.A. Eads (See above for address) TERMINATED: 09/16/2019 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Claire Wong Black (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Erika L. T. Amatore (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jason H. Kim (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kristin L. Holland (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Louis Erteschik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Matthew Charles Bassett (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Meredith G. Miller

V. Defendant

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Paul Alston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Janna W Ahu (See above for address) ATTORNEY TO BE NOTICED
Jennifer Visitacion Patricio (See above for address) TERMINATED: 08/11/2016
John P. Dellera (See above for address) TERMINATED: 10/26/2011
Kyu Y. Paek (See above for address) TERMINATED: 06/02/2014
Michelle N. Comeau (See above for address) TERMINATED: 10/12/2017
Patricia L. Cookson Hawaii Disability Rights Center 1132 Bishop St., Ste 2102 Honolulu, HI 96813 808-949-2911 Fax: 808-949-2928 Email: patty@hawaiidisabilityrights.org ATTORNEY TO BE NOTICED
Zachary M. Diionno (See above for address) TERMINATED: 10/03/2017

Department of Education, State of Hawai'i

represented by Harvey E. Henderson , Jr. Department of the Attorney General 425 Queen Street Honolulu, HI 96813 586-1219 Email: harvey.e.hendersonjr@hawaii.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Holly T. Shikada Department of the Attorney General Education Division 235 S Beretania St Rm 304 Honolulu, HI 96813 (808) 586-1255 Fax: (808) 586-1488 Email: holly.t.shikada@hawaii.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kevin M. Richardson Office of the Attorney General-State of Hawaii Education Division 235 S. Beretania Street, Room 304 Honolulu, HI 96813 808-586-1255 Fax: 808-586-1488 Email: Kevin.M.Richardson@hawaii.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kunio Kuwabe Department of the Attorney General Education Division 235 S. Beretania Street, Room 304 Honolulu, HI 96813 586-1255 Fax: 586-1488 Email: Kunio.Kuwabe@hawaii.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Paul R. Mow

Dept of the Attorney General Education Division 235 S. Beretania Street, Rm. 304 Honolulu, HI 96813 808-586-1255 Fax: 808-586-1488 Email: Paul.R.Mow@hawaii.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ryan W. Roylo Department of the Attorney General Education Division 235 S. Beretania Street Room 304 Honolulu, HI 96813 808-586-1255 Fax: 808-586-1488 Email: ryan.w.roylo@hawaii.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Steve K. Miyasaka Department of the Attorney General Education Division 235 S Beretania Street, Room 304 Honolulu, HI 96813 586-1255 Fax: 586-1488 Email: steve.k.miyasaka@hawaii.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Adam Townsend Snow Department of the Attorney General Education Division 235 S Beretania St Rm 304 Honolulu, HI 96813 (808) 599-9555 Fax: (808) 533-2467 Email: snow@smlhawaii.com TERMINATED: 08/26/2016
Carter K. Siu Department of the Attorney General Education Division 235 S. Beretania Street, Room 304

Interested Party Department of Human Service, State of Hawaii TERMINATED: 08/31/2016
Interested Party James E. Duffy, Jr.
Date Filed # Docket Text

Honolulu, HI 96813 808 586-1255 Fax: 808 586-1488 Email: Carter.K.Siu@hawaii.gov TERMINATED: 08/26/2016
Gary S. Suganuma Department of the Attorney General Education Division 235 S Beretania St Rm 304 Honolulu, HI 96813 586-1470 Email: Gary.S.Suganuma@hawaii.gov TERMINATED: 08/26/2016
Joanna B.K.F. Yeh Dept. of the Attorney General - State of Hawaii Education Division 235 S. Beretania Street, Room 304 Honolulu, HI 96813 586-1255 Fax: 586-1488 Email: Joanna.B.Yeh@hawaii.gov TERMINATED: 01/05/2011
represented by Candace J. Park Office of the Attorney General-State of Hawaii Kekuanao'a Building 465 S King St Rm 200 Honolulu, HI 96813 587-3050 Email: candace.j.park@hawaii.gov TERMINATED: 08/31/2016
represented by Erika L. T. Amatore (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

07/27/2010
07/27/2010 07/27/2010 07/27/2010 07/28/2010 07/30/2010
07/30/2010 07/30/2010 07/30/2010

1 CLASS ACTION COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against Department of Education, State of Hawai'i, filed by C. K., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), N. B., C. B., R. D., M. D., Hawaii Disability Rights Center, B. P., R. P.-K., M. P.. (Attachments: # 1 Summons issued, # 2 Civil Cover Sheet)(ecs, ) (Entered: 07/28/2010)
2 Order Setting Rule 16 Scheduling Conference for 09:00AM on 10/25/2010 before JUDGE KEVIN S.C. CHANG. Signed by JUDGE SUSAN OKI MOLLWAY on 7/27/2010. (ecs, )No COS issued for this docket entry (Entered: 07/28/2010)
3 Filing fee: $ 350.00, receipt number 252302 (ecs, ) (Entered: 07/28/2010)
4 NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE. (Attachments: # 1 Consent Form: Election Form to Consent)(ecs, ) (Entered: 07/28/2010)
5 SUMMONS Returned Executed by C. K., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), N. B., C. B., R. D., M. D., Hawaii Disability Rights Center, B. P., R. P.-K., M. P.. Department of Education, State of Hawai'i served on 7/28/2010, answer due 8/18/2010. (Kim, Jason) (Entered: 07/28/2010)
6 MOTION for Temporary Restraining Order and Preliminary Injunction Jason H. Kim appearing for Plaintiffs R. T. D., R. P.-K. (Attachments: # 1 Memorandum in Support of Motion, # 2 Certificate of Word Count, # 3 Declaration of John P. Dellera, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Exhibit J, # 14 Declaration of C.K., # 15 Exhibit 1, # 16 Exhibit 2, # 17 Exhibit 3, # 18 Exhibit 4, # 19 Declaration of R.D., # 20 Exhibit 1, # 21 Exhibit 2, # 22 Exhibit 3, # 23 Exhibit 4, # 24 Exhibit 5, # 25 Certificate of Service)(Kim, Jason) (Entered: 07/30/2010)
7 EO: Status Conference set for 7/30/2010 04:30 PM before JUDGE KEVIN S.C. CHANG. J (JUDGE KEVIN S.C. CHANG)(sna, )
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: 07/30/2010)
8 EP: Status Conference held on 7/30/2010. Court informed counsel that this case has been reassigned to Judge Ezra and Judge Ezra's staff will be in contact with counsel regarding the TRO. (C5 - no record, 4:40-4:45pm.) (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 07/30/2010)
9 NOTICE of Hearing on Motion 6 MOTION for Temporary Restraining

08/02/2010 08/03/2010 08/11/2010 08/18/2010 09/24/2010
09/27/2010

Order and Preliminary Injunction :. Motion Hearing set for 8/2/2010 02:15 PM before JUDGE DAVID ALAN EZRA. (tl, )
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: 07/30/2010)
10 NOTICE by R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. P.-K. re 6 MOTION for Temporary Restraining Order and Preliminary Injunction Withdrawal of Motion R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. P.-K.. (Attachments: # 1 Exhibit A, # 2 Certificate of Service)(Kim, Jason) (Entered: 08/02/2010)
12 NOTICE of Appearance by Steve K. Miyasaka on behalf of Department of Education, State of Hawai'i on behalf of Department of Education, State of Hawai'i. (Miyasaka, Steve) (Entered: 08/03/2010)
13 STIPULATION to Proceed without Disclosing Plaintiffs' Full Names and ORDER. Signed by JUDGE DAVID ALAN EZRA on 8/11/2010. (afc)
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). (Entered: 08/11/2010)
14 DEFENDANT DEPARTMENT OF EDUCATION, STATE OF HAWAII'S ANSWER to 1 Complaint, CLASS ACTION COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF; CERTIFICATE OF SERVICE by Department of Education, State of Hawai'i.(Miyasaka, Steve) (Entered: 08/18/2010)
15 MOTION to Certify Class Jason H. Kim appearing for Plaintiffs N. B., C. B., M. D., R. T. D., R. D., Hawaii Disability Rights Center, C. K., B. P., M. P., R. P.-K. (Attachments: # 1 Memorandum in Suppot, # 2 Certificate of Word Count, # 3 Declaration of Paul Alston, # 4 Declaration of John Dellera, # 5 Exhibit A, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit F, # 11 Exhibit G, # 12 Exhibit H, # 13 Exhibit I, # 14 Exhibit J, # 15 Declaration of C.K., # 16 Exhibit 1, # 17 Exhibit 2, # 18 Exhibit 3, # 19 Exhibit 4, # 20 Declaration of R.D., # 21 Exhibit 1, # 22 Exhibit 2, # 23 Exhibit 3, # 24 Exhibit 4, # 25 Exhibit 5, # 26 Declaration of M.P., # 27 Declaration of N.B., # 28 Exhibit 1, # 29 Exhibit 2, # 30 Exhibit 3, # 31 Exhibit 4, # 32 Certificate of Service)(Kim, Jason) (Entered: 09/24/2010)
16 NOTICE of Hearing on Motion 15 MOTION to Certify Class :. Motion Hearing set for 1/31/2011 09:45 AM before JUDGE DAVID ALAN EZRA. Opposition due 12/13/2010. Reply due 12/20/2010.(tl, )
CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address

10/18/2010 10/18/2010 10/22/2010 10/25/2010
10/25/2010
11/03/2010 11/04/2010 12/13/2010
12/13/2010

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: 09/27/2010)
17 Scheduling Conference Statement. (Attachments: # 1 Certificate of Service)(Kim, Jason) (Entered: 10/18/2010)
18 Scheduling Conference Statement. (Yeh, Joanna) (Entered: 10/18/2010)
19 REPORT of Planning Meeting. (Attachments: # 1 Certificate of Service)(Kim, Jason) (Entered: 10/22/2010)
20 EP: Rule 16 Scheduling Conference held on 10/25/2010. Rule 16 Scheduling Conference Order to be issued. Bench Trial set for 10/25/2011 09:00 AM before JUDGE DAVID ALAN EZRA. Final Pretrial Conference set for 9/13/2011 09:00 AM before JUDGE KEVIN S.C. CHANG. Settlement Conference set for 6/29/2011 11:00 AM before JUDGE KEVIN S.C. CHANG. Motions due by 5/25/2011. Discovery due by 8/26/2011. (C5 - no record, 9:00-9:02am.) (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 10/25/2010)
21 RULE 16 SCHEDULING ORDER: Signed by JUDGE KEVIN S.C. CHANG on 10/25/2010. (afc)
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: 10/25/2010)
22 CERTIFICATE OF SERVICE by N. B., C. B., M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, C. K., B. P., M. P., R. P.-K. re Plaintiffs' Initial Disclosures (Kim, Jason) (Entered: 11/03/2010)
23 INITIAL DISCLOSURE by Department of Education, State of Hawai'i. (Miyasaka, Steve) (Entered: 11/04/2010)
24 MEMORANDUM in Opposition re 15 MOTION to Certify Class Action; Certificate of Word Count; Certificate of Service filed by Department of Education, State of Hawai'i. (Attachments: # 1 Declaration Steve K. Miyasaka, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9)(Miyasaka, Steve) Modified on 12/14/2010: Viewing of Exhibits 1, 3, 5 and 7 is restricted. REDACTED Exhibits 1, 3, 5 and 7 submitted as doc no. 25 . (afc) (Entered: 12/13/2010)
25 Errata re 24 Memorandum in Opposition to Motion, to Certify Class Action Filed December 13, 2010 Regarding Exhibits "1", "3", "5", and "7"; Redacted Exhibits "1"; "3", "5", and "7"; Certificate of Service. (Attachments: # 1 Errata Exhibit "1", # 2 Errata Exhibit "3", # 3 Errata Exhibit "5", # 4 Errata Exhibit "7")(Miyasaka, Steve) (Entered:

12/20/2010 01/24/2011 01/25/2011 03/14/2011 03/15/2011
03/28/2011

12/13/2010)
26 REPLY to Response to Motion re 15 MOTION to Certify Class filed by N. B., C. B., M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, C. K., B. P., M. P., R. P.-K.. (Attachments: # 1 Certificate of Service)(Kim, Jason) (Entered: 12/20/2010)
28 EO: 15 MOTION to Certify Class. Motion Hearing date has been continued from 1/31/2011 to 2/4/2011 09:45 AM before JUDGE DAVID ALAN EZRA. (JUDGE DAVID ALAN EZRA)(tl, )
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: 01/24/2011)
29 EO: 15 MOTION to Certify Class. Motion Hearing date has been continued from 2/4/2011 to 3/14/2011 09:00 AM before JUDGE DAVID ALAN EZRA. (JUDGE DAVID ALAN EZRA)(tl, )
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: 01/25/2011)
30 EP: granting 15 Motion to Certify Class; Motion Hearing held on 3/14/2011 re 15 MOTION to Certify Class filed by C. K., B. P., R. T. D., M. P., Hawaii Disability Rights Center, C. B., R. P.-K., M. D., N. B., R. D. Oral arguments heard.B.P. and C.B. are voluntarily dismissed. 15 MOTION to Certify Class-GRANTED.Court to issue order. (Court Reporter Cynthia Fazio.) (JUDGE DAVID ALAN EZRA)(tl, )No COS issued for this docket entry (Entered: 03/14/2011)
31 ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION FOR CLASS CERTIFICATION 15 . ~ The class is certified with R.P.-K, R.T.D., and the Hawaii Disability Rights Center as the class representatives. C.B. and B.P. are ineligible to be class members or representatives and are DISMISSED from the action. ~ Signed by JUDGE DAVID ALAN EZRA on 3/15/2011. [Order follows
hearing held 3/14/2011 on Motion to Certify Class 15 . Minutes: docket entry no. 30 ]
(afc)
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: 03/15/2011)
32 MOTION to Consolidate Cases and Modify Rule 16 Scheduling Orders John P. Dellera appearing for Plaintiff R. P.-K. (Attachments: # 1 Certificate of Service)(Dellera, John) (Entered: 03/28/2011)

03/28/2011 03/28/2011 04/18/2011
04/25/2011 05/03/2011 05/03/2011

33 Errata re 32 MOTION to Consolidate Cases and Modify Rule 16 Scheduling Orders. (Attachments: # 1 Replacement Pages, # 2 Certificate of Service)(Dellera, John) (Entered: 03/28/2011)
34 NOTICE of Hearing on Motion 32 Plaintiffs' Motion (1) to Transfer and Consolidate Cases and (2) to Modify Rule 16 Scheduling Orders [ CV10641LEK-RLP, CV10-644SOM-KSC ] set for 5/9/2011 09:30 AM before JUDGE KEVIN S.C. CHANG. (sna, )
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: 03/28/2011)
35 MEMORANDUM in Support re 32 MOTION to Consolidate Cases and Modify Rule 16 Scheduling Orders Defendant's Memorandum in Opposition to Plaintiffs' Motion (1) To Transfer and Consolidate Cases and (2) to Modify Rule 16 Scheduling Orders; Certificate of Service filed by Department of Education, State of Hawai'i. (Miyasaka, Steve) Modified on 4/19/2011: Document caption is styled as "DEFENDANT'S MEMORANDUM IN OPPOSITION TO PLAINTIFFS' MOTION (1) TO TRANSFER AND CONSOLIDATE CASES AND (2) TO MODIFY RULE 16 SCHEDULING ORDERS; CERTIFICATE OF SERVICE." Memorandum states in part: "Defendant does not object to transferring C.V. NO. 10-00641 LEK-RLP and C.V. NO. 10-00644 LEK-KSC...." "Defendant opposes the consolidation of the three cases...." "...Defendant objects to any changes to the briefing schedule established in C.V. NO. 1000644 LEK-KSC and asks that a briefing schedule be set in C.V. NO. 1000641 LEK-RLP." (afc) (Entered: 04/18/2011)
36 REPLY re 32 MOTION to Consolidate Cases and Modify Rule 16 Scheduling Orders, 34 Notice of Hearing on Motion,, Certificate of Service filed by R. P.-K.. (Dellera, John) (Entered: 04/25/2011)
37 EO: Settlement Conference set 6/29/11 shall be continued to 7/28/2011 09:00 AM before JUDGE KEVIN S.C. CHANG. Confidential Settlement Conference statements due: 7/21/11. (JUDGE KEVIN S.C. CHANG)(sna, )
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: 05/03/2011)
38 CERTIFICATE OF SERVICE by N. B., C. B., M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, C. K., B. P., M. P., R. P.-K. re Plaintiffs' First Request for Production of Documents and Things to Defendant Department of Education, State of Hawai`i (Kim, Jason) (Entered: 05/03/2011)

05/09/2011 05/09/2011
06/03/2011 06/03/2011 06/06/2011 06/23/2011
06/23/2011 06/24/2011

39 EP: taking under advisement 32 Plaintiffs' Motion (1) to Transfer and Consolidate Cases and (2) to Modify Rule 16 Scheduling Orders held on 5/9/2011. Motion taken under advisement 32 . Court to issue Order. (FTR C5 - 9:34-9:51am.) (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 05/09/2011)
40 ORDER Granting in part and Denying in part Plaintiff's 32 Motion to Transfer and Consolidate Cases and (2) to Modify Rule 16 Scheduling Orders. Signed by JUDGE KEVIN S.C. CHANG on 5/9/2011. Dispositive (gab, ) Motions deadline continued to 7/8/2011, balance of the motion is denied.
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: 05/09/2011)
41 NOTICE of Appearance by Gary S. Suganuma on behalf of Department of Education, State of Hawai'i on behalf of Department of Education, State of Hawai'i. (Suganuma, Gary) (Entered: 06/03/2011)
42 CERTIFICATE OF SERVICE by Department of Education, State of Hawai'i Certificate of Service of Discovery [Re: Defendant Department of Education, State of Hawaii's Response to Plaintiffs' First Request for Production of Documents and Things to Defendant Department of Education, State of Hawaii (Miyasaka, Steve) (Entered: 06/03/2011)
43 NOTICE of Change of Address by John P. Dellera on behalf of R. P.-K.. (Dellera, John) (Entered: 06/06/2011)
44 MOTION for Preliminary Injunction John P. Dellera appearing for Plaintiff R. P.-K. (Attachments: # 1 Memorandum in Support of Motion, # 2 Appendix 1, # 3 Appendix 2, # 4 Declaration of John P. Dellera, # 5 Exhibit A, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit F, # 11 Exhibit G, # 12 Exhibit H, # 13 Declaration of J.K., # 14 Exhibit I, # 15 Exhibit J, # 16 Declaration of N.W., # 17 Exhibit K, # 18 Exhibit L, # 19 Declaration of A.K., # 20 Exhibit M, # 21 Exhibit N, # 22 Declaration of B.C., # 23 Exhibit O, # 24 Exhibit P, # 25 Declaration of S.T., # 26 Exhibit Q, # 27 Exhibit R, # 28 Declaration of L.D., # 29 Exhibit S, # 30 Exhibit T, # 31 Declaration of Roy M. Benavidez, # 32 Exhibit U, # 33 Certificate of Service)(Dellera, John) (Entered: 06/23/2011)
45 MOTION to Shorten Time to hear Motion re 44 MOTION for Preliminary Injunction John P. Dellera appearing for Plaintiff R. P.-K. (Attachments: # 1 Declaration of John P. Dellera, # 2 Certificate of Service)(Dellera, John) (Entered: 06/23/2011)
46 ORDER GRANTING EX PARTE MOTION FOR AN ORDER SHORTENING TIME FOR HEARING OFPLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION 45 . ~ Plaintiff's Motion for a Preliminary

06/24/2011 07/01/2011
07/05/2011 07/07/2011
07/08/2011 07/11/2011 07/12/2011

Injunction (doc no. 44 ): (Motion Hearing set for 7/11/2011 09:00 AM before JUDGE DAVID ALAN EZRA.) Defendant's opposition due on July 1, 2011; any reply by Plaintiffs is due by July 5, 2011. ~ Signed by JUDGE DAVID ALAN EZRA on 6/24/2011. (afc)
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: 06/24/2011)
47 CERTIFICATE OF SERVICE by N. B., C. B., M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, C. K., B. P., M. P., R. P.-K. [Re: Plaintiffs Notice of Taking Deposition upon Oral Examination Pursuant to Rule 30(b)(6) - Department of Education, State of Hawaii, dated 6/24/11] (Kim, Jason) (Entered: 06/24/2011)
48 MEMORANDUM in Opposition re 44 MOTION for Preliminary Injunction Defendant Department of Education's Memorandum in Opposition to Plaintiffs' Motion for a Preliminary Injunction; Declaration of Carter K. Siu; Exhibits "A" - "C"; Certificate of Service filed by Department of Education, State of Hawai'i. (Attachments: # 1 Declaration Carter K. Siu, # 2 Exhibit "A", # 3 Exhibit "B", # 4 Exhibit "C", # 5 Main Document Certificate of Service)(Siu, Carter) (Entered: 07/01/2011)
49 REPLY re 44 MOTION for Preliminary Injunction and Certificate of Service filed by R. P.-K.. (Dellera, John) (Entered: 07/05/2011)
50 STIPULATION AND ORDER To Further Modify Rule 16 Scheduling, (Dispositive Motions due by 8/1/2011.). Signed by JUDGE KEVIN S.C. CHANG. (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 were
served by first class mail on the date of this docket entry (Entered: 07/07/2011)
51 CERTIFICATE OF SERVICE by Department of Education, State of Hawai'i Certificate of Service [Re: (1) Defendant Department of Education's First Request for Production of Documents and Things to Plaintiff; and (2) Defendant Department of Education's First Request for Answers to Interrogatories] (Siu, Carter) (Entered: 07/08/2011)
52 EP: 44 MOTION for Preliminary Injunction.Oral arguments heard. 44 MOTION for Preliminary Injunction-DENIED without prejudice.Court to issue order. (Court Reporter Cynthia Fazio.) (JUDGE DAVID ALAN EZRA)(tl, )No COS issued for this docket entry (Entered: 07/11/2011)
53 ORDER DENYING PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION WITHOUT PREJUDICE 44 . Signed by JUDGE DAVID ALAN EZRA on 7/12/2011. [Order follows hearing held 7/11/2011 on M/PI.

07/13/2011 07/20/2011
07/28/2011 08/01/2011 08/01/2011 08/01/2011

Minutes of hearing: docket entry no. 52 ] (afc)
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). All participants are registered to receive electronic notifications.
(Entered: 07/12/2011)
54 CERTIFICATE OF SERVICE by N. B., C. B., M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, C. K., B. P., M. P., R. P.-K. [re PLAINTIFFS FIRST AMENDED NOTICE OF TAKING DEPOSTION UPON ORAL EXAMINATION PURSUANT TO RULE 30(b)(6); EXHIBIT A, dated 7/13/11 of Department of Education, State of Hawai`i] (Kim, Jason) (Entered: 07/13/2011)
55 TRANSCRIPT of Proceedings ( 44 M/PREL. INJUNC.) held on 7/11/11 before Judge DAVID ALAN EZRA. Court Reporter Cynthia Fazio, Telephone number 808.533.0102. Transcript may be viewed at the court public terminal or ordered through the Court Reporter before the deadline for Release of Transcript. Remote availability of electronic transcripts is regulated by FRCP 5.2(a),FRCrP 49.1(a) and FRBP 9037(a) Redaction Request due 8/8/2011. Redacted Transcript Deadline set for 8/17/2011. Release of Transcript Restriction set for 10/17/2011. (36 pp.) (cf@hid.uscourts.gov) (Entered: 07/20/2011)
56 EP: Settlement Conference held on 7/28/2011. Parties to file cross-motions before Judge Ezra and await for ruling on said motions.(In Chambers - no record, 8:55-9:00am.) (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 07/28/2011)
57 MOTION for Summary Judgment Jason H. Kim appearing for Plaintiffs M. D., R. T. D., R. D., Hawaii Disability Rights Center, C. K., R. P.-K. (Attachments: # 1 Memorandum in Support of Motion, # 2 Certificate of Service)(Kim, Jason) (Entered: 08/01/2011)
58 CONCISE STATEMENT in Support re 57 MOTION for Summary Judgment filed by M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, C. K., R. P.-K.. (Attachments: # 1 Declaration of Jason H. Kim, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Certificate of Service)(Kim, Jason) (Entered: 08/01/2011)
59 MOTION for Preliminary Injunction - Renewed Jason H. Kim appearing for Plaintiffs M. D., R. T. D., R. D., Hawaii Disability Rights Center, C. K., R. P.-K. (Attachments: # 1 Memorandum, # 2 Declaration of Jason H. Kim, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Declaration of J.K., # 10 Exhibit I, # 11 Exhibit J, # 12 Declaration of N.W., # 13 Exhibit K, # 14 Exhibit L, # 15

08/01/2011 08/01/2011 08/04/2011 08/22/2011 08/22/2011 08/22/2011

Declaration of A.K., # 16 Exhibit M, # 17 Exhibit N, # 18 Declaration of B.C., # 19 Exhibit O, # 20 Exhibit P, # 21 Declaration of S.T., # 22 Exhibit Q, # 23 Exhibit R, # 24 Declaration of L.D., # 25 Exhibit S, # 26 Exhibit T, # 27 Certificate of Service)(Kim, Jason) (Entered: 08/01/2011)
60 Defendant's MOTION to Dismiss, or in the Alternative for Summary Judgment - Gary S. Suganuma, Holly T. Shikada, Carter K. Siu appearing for Defendant Department of Education, State of Hawai'i (Attachments: # 1 Table to Contents, # 2 Table to Authorities, # 3 Memorandum in Support, # 4 Certificate of Word Count, # 5 Certificate of Service)(ecs, ) (Entered: 08/01/2011)
61 CONCISE STATEMENT of Facts in Support of Defendant's 60 MOTION to Dismiss, or in the Alternative, For Summary Judgment filed by Department of Education, State of Hawai'i. (Attachments: # 1 Certificate of Word Count, # 2 Declaration of Carter K. Siu, # 3 Declaration of Bruce Naguwa, # 4 Declaration of Debra Farmer, # 5 Exhibit 1, # 6 Exhibit 2, # 7 Exhibit 3, # 8 Exhibit 4, # 9 Exhibit 5, # 10 Exhibit 6, # 11 Exhibit 7, # 12 Exhibit 8, # 13 Exhibit 9, # 14 Exhibit 10, # 15 Exhibit 11, # 16 Certificate of Service)(gab, ) (Entered: 08/02/2011)
62 NOTICE of Hearing on Motion 57 MOTION for Summary Judgment, 60 MOTION to Dismiss, 59 MOTION for Preliminary Injunction - Renewed. Motion Hearing set for 9/12/2011 09:45 AM before JUDGE DAVID ALAN EZRA. (tl, )
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: 08/04/2011)
63 MEMORANDUM in Opposition re 60 MOTION to Dismiss filed by N. B., M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, C. K., M. P., R. P.-K.. (Attachments: # 1 Certificate of Service)(Kim, Jason) (Entered: 08/22/2011)
64 Concise Statement in Opposition re 61 Concise Statement in Support of Motion,, 60 MOTION to Dismiss filed by N. B., M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, C. K., M. P., R. P.-K.. (Attachments: # 1 Declaration of Jason H. Kim, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Certificate of Service)(Kim, Jason) (Entered: 08/22/2011)
65 MEMORANDUM in Opposition re: 57 Defendant's Memorandum in Opposition to Plaintiffs' Motion for Summary Judgment; Certificate of Service filed by Department of Education, State of Hawai'i. (Siu, Carter)
Modified on 8/25/2011: Docket text modified to add document number link to correlate

08/22/2011 08/22/2011 08/24/2011 08/29/2011 08/29/2011
08/29/2011

filing to the underlying M/SJ (doc 57). (afc) (Entered: 08/22/2011)
66 CONCISE STATEMENT in Opposition re: 57 to Plaintiffs' Motion for Summary Judgment; Certificate of Word Count; Declaration of Carter K. Siu; Exhibits "12" to "13"; Certificate of Service filed by Department of Education, State of Hawai'i. (Attachments: # 1 Declaration Carter K. Siu, # 2 Exhibit 12, # 3 Exhibit 13)(Siu, Carter) Modified on 8/25/2011: Docket text
modified to add document number link to correlate filing to the underlying M/SJ (doc
57). (afc) (Entered: 08/22/2011)
67 MEMORANDUM in Opposition re: 59 Defendant Department of Education's Memorandum in Opposition to Plaintiffs' Renewed Motion for a Preliminary Injunction; Declaration of Carter K. Siu; Exhibits "1" - "4"; Certificate of Service filed by Department of Education, State of Hawai'i. (Attachments: # 1 Declaration Carter K. Siu, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4)(Siu, Carter) Modified on 8/25/2011: Docket text
modified to add document number link to correlate filing to the underlying Renewed
M/PI (doc 59). (afc) (Entered: 08/22/2011)
68 CERTIFICATE OF SERVICE by C. K. re 51 Certificate of Service, (1) Plaintiffs' Answers to Defendant's First Request for Interrogatories, and (2) Plaintiffs' Responses to Defendant's First Request for Production of Documents and Things (Bassett, Matthew) (Entered: 08/24/2011)
69 REPLY re: 60 Defendant's Reply Memorandum in Support of its Motion to Dismiss, or in the Alternative, for Summary Judgment; Certificate of Service filed by Department of Education, State of Hawai'i. (Siu, Carter)
Docket text modified on 8/30/2011 to add document number link to correlate to the
underlying M/Dismiss (doc 60). (afc) (Entered: 08/29/2011)
70 Concise Statement in Support of Facts in Support of Defendant's Reply Memorandum in Support of its Motion to Dismiss, or in the Alternative, for Summary Judgment; Declaration of Carter K. Siu; Exhibit "14"; Certificate of Service filed by Department of Education, State of Hawai'i. (Attachments: # 1 Declaration Carter K. Siu, # 2 Exhibit 14 ~ Viewing of Exhibit 14 (Transcript of Proceedings of hearing held 7/11/2011 on M/PI) is restricted. Transcript may be viewed at the court public terminal or ordered through Court Reporter Cynthia Fazio, Telephone number 808533-0102. Remote availability of electronic transcripts is regulated by FRCP 5.2(a), FRCrP 49.1(a) and FRBP 9037(a). ~ (Siu, Carter) Modified on
8/30/2011 re: viewing of transcript and to add a document number link to correlate to the
underlying M/Dismiss (doc 60). (afc) (Entered: 08/29/2011)
71 REPLY to Response to Motion re 57 MOTION for Summary Judgment, 59 MOTION for Preliminary Injunction - Renewed filed by N. B., M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, C. K., M. P., R. P.-K.. (Attachments: # 1 Supplemental

09/06/2011 09/06/2011 09/06/2011 09/07/2011 09/12/2011
09/13/2011

Declaration of Jason H. Kim, # 2 Exhibit H, # 3 Exhibit I, # 4 Certificate of Service)(Kim, Jason) (Entered: 08/29/2011)
72 Errata re 61 Concise Statement in Support of Motion,, Defendant's Concise Statement Of Facts In Support Of Defendant's Motion To Dismiss, Or In The Alternative, For Summary Judgment. (Attachments: # 1 Exhibit 10, # 2 Exhibit 11, # 3 Certificate of Service)(Siu, Carter) (Entered: 09/06/2011)
73 Pretrial Conference Statement by Department of Education, State of Hawai'i Defendant's Final Pretrial Statement. (Attachments: # 1 Exhibit "A", # 2 Certificate of Service)(Siu, Carter) (Entered: 09/06/2011)
74 Pretrial Conference Statement by N. B., M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, C. K., M. P., R. P.-K.. (Attachments: # 1 Certificate of Service)(Kim, Jason) (Entered: 09/06/2011)
75 EO: The time for the Final Pretrial Conference set for 9:00am on 9/13/2011 shall be moved to 10:45 AM on 9/13/2011 before JUDGE KEVIN S.C. CHANG. (JUDGE KEVIN S.C. CHANG)(sna, )
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: 09/07/2011)
76 EP: Motion Hearing held on 9/12/2011 re 57 MOTION for Summary Judgment filed by Hawaii Disability Rights Center, C. K., R. P.-K., M. D., R. D., R. T. D., 60 MOTION to Dismiss, or in the Alternative, for Summary Judgment filed by Department of Education, State of Hawai'i, 59 MOTION for Preliminary Injunction - Renewed filed by Hawaii Disability Rights Center, C. K., R. P.-K., M. D., R. D., R. T. D. Oral arguments heard. 57 MOTION for Summary Judgment- TAKEN UNDER ADVISEMENT. 60 MOTION to Dismiss- TAKEN UNDER ADVISEMENT. 59 MOTION for Preliminary Injunction - RenewedTAKEN UNDER ADVISEMENT.Court to issue order. (JUDGE DAVID ALAN EZRA)(tl, )No COS issued for this docket entry (Entered: 09/12/2011)
77 EP: Final Pretrial Conference held on 9/13/2011. Discussion held. New trial date given. First Amended Rule 16 Scheduling Conference Order to be issued. Bench Trial set for 2/28/2012 09:00 AM before JUDGE DAVID ALAN EZRA. Final Pretrial Conference set for 1/17/2012 09:00 AM before JUDGE KEVIN S.C. CHANG. Settlement Conference set for 10/28/2011 10:00 AM before JUDGE KEVIN S.C. CHANG. Discovery due by 12/30/2011. Motions deadline: CLOSED. ( C5 - no record, 10:4010:50am.) (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 09/13/2011)

09/14/2011 09/19/2011
10/06/2011 10/07/2011 10/26/2011 10/28/2011 11/29/2011

78 AMENDED RULE 16 SCHEDULING ORDER: Signed by JUDGE KEVIN S.C. CHANG on 9/14/2011. (afc)
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: 09/14/2011)
79 ORDER: (1) DENYING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT WITHOUT PREJUDICE 57 ; (2) GRANTING IN PART AND DENYING IN PART WITHOUT PREJUDICE DEFENDANT'S MOTION TO DISMISS, OR IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT 60 ; AND (3) DENYING PLAINTIFFS' RENEWED MOTION FOR A PRELIMINARY INJUNCTION WITHOUT PREJUDICE 59 . Signed by JUDGE DAVID ALAN EZRA on 9/19/2011. [Order follows hearing on motions held 9/12/2011. Minutes of hearing: 76 ]. (afc)
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: 09/19/2011)
80 EO: Status Conference Re: Trial Date and Other Deadlines set for 10/11/2011 10:45 AM before JUDGE KEVIN S.C. CHANG. (JUDGE KEVIN S.C. CHANG)(sna, )
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: 10/06/2011)
81 EO: Status Conference Re: Trial Date and Other Deadlines set 10/11/11 before Judge Chang is hereby vacated. New dates/deadlines issued on 9/13/11 (document no. 77). (JUDGE KEVIN S.C. CHANG)(sna, )
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: 10/07/2011)
82 NOTICE by R. P.-K. of Withdrawal of Plaintiffs' Co-Counsel; Certificate of Service R. P.-K.. (Erteschik, Louis) (Entered: 10/26/2011)
83 EP: Settlement Conference held on 10/28/2011. Both counsel stated that this case is highly unlikely to settle. Counsel will cooperate with each other in completing discovery and expect a short Non Jury Trial before Judge Ezra. (In Chambers - no record, 10:00-10:30am.) (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 10/28/2011)
84 EO: The time for the Final Pretrial Conference set for 9:00am on 1/17/2012 shall be moved to 1:45 PM on 1/17/2012 before JUDGE KEVIN S.C. CHANG. (JUDGE KEVIN S.C. CHANG)(sna, )
CERTIFICATE OF SERVICE

12/02/2011 12/02/2011
01/03/2012
01/03/2012 01/03/2012 01/10/2012 01/10/2012 01/17/2012

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: 11/29/2011)
85 CERTIFICATE OF SERVICE by Department of Education, State of Hawai'i [Re: Defendant Department of Education's Second Request for Answers to Interrogatories to Plaintiffs] (Siu, Carter) (Entered: 12/02/2011)
86 CERTIFICATE OF SERVICE by N. B., M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, C. K., M. P., R. P.-K. re 1) Plaintiffs' First Request for Answers to Interrogatories to Defendant Department of Education, State of Hawai`i; and 2) Plaintiffs' Second Request for Production of Documents and Things to Defendant Department of Education, State of Hawai`i (Kim, Jason) (Entered: 12/02/2011)
87 CERTIFICATE OF SERVICE by N. B., C. B., M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, C. K., B. P., M. P., R. P.-K. [re PLAINTIFFS RESPONSE TO DEFENDANT DEPARTMENT OF EDUCATION, STATE OF HAWAI`IS SECOND REQUEST FOR ANSWERS TO INTERROGATORIES DATED DECEMBER 2, 2011] (Kim, Jason) (Entered: 01/03/2012)
88 CERTIFICATE OF SERVICE by Department of Education, State of Hawai'i [Re: Defendant's Answers to Plaintiffs' First Request for Answers to Interrogatories to Defendant Department of Education, State of Hawaii] (Siu, Carter) (Entered: 01/03/2012)
89 CERTIFICATE OF SERVICE by Department of Education, State of Hawai'i [Re: Defendant's Response to Plaintiffs' Second Request for Production of Documents and Things to Defendant Department of Education, State of Hawaii] (Siu, Carter) (Entered: 01/03/2012)
90 Pretrial Conference Statement by N. B., M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, C. K., M. P., R. P.-K. - AMENDED. (Attachments: # 1 Certificate of Service)(Kim, Jason) (Entered: 01/10/2012)
91 Pretrial Conference Statement by Department of Education, State of Hawai'i Defendant's First Amended Final Pretrial Statement. (Attachments: # 1 Exhibit A, # 2 Certificate of Service)(Siu, Carter) (Entered: 01/10/2012)
92 EP: Final Pretrial Conference held on 1/17/2012. Length of trial: Plaintiff: less than 1 day (4 hours of testimony); Defendant: 2-3 hours. Lay/Expert

02/07/2012 02/07/2012 02/07/2012 02/07/2012 02/07/2012
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witnesses: as noted in the Final Pretrial Statements. Mr. Kim advised the Court that a deputy superintendent will most likely testify on behalf of Superintendent Kathryn Matayoshi. ( C5 - no record, 1:45-1:50pm.) (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 01/17/2012)
93 Witness List. filed by Department of Education, State of Hawai'i. (Attachments: # 1 Certificate of Service)(Siu, Carter) (Entered: 02/07/2012)
94 Designation of Transcripts Defendent Department of Education's Designation of the Deposition of Bruce Isamu Naguwa, Dated July 27, 2011. filed by Department of Education, State of Hawai'i. (Attachments: # 1 Exhibit A, # 2 Certificate of Service)(Siu, Carter) (Entered: 02/07/2012)
95 First MOTION in Limine Defendent's Motion in Limine No. 1: Motion to Strike and/or Prohibit Testimony of Robert Klein Carter K. Siu appearing for Defendant Department of Education, State of Hawai'i (Attachments: # 1 Memorandum In Support, # 2 Exhibit A, # 3 Certificate of Service)(Siu, Carter) (Entered: 02/07/2012)
96 Second MOTION in Limine Defendent's Motion in Limine No. 2: Motion to Limit Plaintiffs' Testimony Carter K. Siu appearing for Defendant Department of Education, State of Hawai'i (Attachments: # 1 Memorandum In Support, # 2 Certificate of Service)(Siu, Carter) (Entered: 02/07/2012)
97 Third MOTION in Limine Defendent's Motion in Limine No. 3: Motion to Preclude Evidence of Prior Bad Acts, Settlements, and Due Process Hearing Requests and Decisions Carter K. Siu appearing for Defendant Department of Education, State of Hawai'i (Attachments: # 1 Memorandum In Support, # 2 Certificate of Service)(Siu, Carter) (Entered: 02/07/2012)
98 Fourth MOTION in Limine Defendent's Motion in Limine No. 4: Motion to Prohibit Plaintiff From Advancing New Claims and Theories at Trial Carter K. Siu appearing for Defendant Department of Education, State of Hawai'i (Attachments: # 1 Memorandum In Support, # 2 Certificate of Service)(Siu, Carter) (Entered: 02/07/2012)
99 Fifth MOTION in Limine Defendant's Motion in Limine No. 5: Motion to Limit the Testimony of Hawaii Disability Rights Center Carter K. Siu appearing for Defendant Department of Education, State of Hawai'i (Attachments: # 1 Memorandum In Support, # 2 Certificate of Service)(Siu, Carter) (Entered: 02/07/2012)
100 Sixth MOTION in Limine Defendant's Motion in Limine No. 6: Motion to Preclude Evidence: (1) Regarding the Reasons for Passing Act 163 and

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(2) of Defendant's Practices Prior to the Effective Date of Act 163 Carter K. Siu appearing for Defendant Department of Education, State of Hawai'i (Attachments: # 1 Memorandum In Support, # 2 Exhibit A, # 3 Certificate of Service)(Siu, Carter) (Entered: 02/07/2012)
101 Witness List. filed by N. B., M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, C. K., M. P., R. P.-K.. (Attachments: # 1 Certificate of Service)(Kim, Jason) (Entered: 02/07/2012)
102 Designation of Transcripts of Debbie Farmer. filed by N. B., M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, C. K., M. P., R. P.-K.. (Attachments: # 1 Exhibit A, # 2 Certificate of Service)(Kim, Jason) (Entered: 02/07/2012)
103 Designation of Transcripts of Bruce Isamu Naguwa. filed by N. B., M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, C. K., M. P., R. P.-K.. (Attachments: # 1 Exhibit A, # 2 Certificate of Service)(Kim, Jason) (Entered: 02/07/2012)
104 NOTICE of Hearing on Motion 97 Third MOTION in Limine Defendent's Motion in Limine No. 3: Motion to Preclude Evidence of Prior Bad Acts, Settlements, and Due Process Hearing Requests and Decisions, 95 First MOTION in Limine Defendent's Motion in Limine No. 1: Motion to Strike and/or Prohibit Testimony of Robert Klein, 98 Fourth MOTION in Limine Defendent's Motion in Limine No. 4: Motion to Prohibit Plaintiff From Advancing New Claims and Theories at Trial, 99 Fifth MOTION in Limine Defendant's Motion in Limine No. 5: Motion to Limit the Testimony of Hawaii Disability Rights Center, 100 Sixth MOTION in Limine Defendant's Motion in Limine No. 6: Motion to Preclude Evidence: (1) Regarding the Reasons for Passing Act 163 and (2) of Defendant's Practices Prior to the Effective Date of Act 163Sixth MOTION in Limine Defendant's Motion in Limine No. 6: Motion to Preclude Evidence: (1) Regarding the Reasons for Passing Act 163 and (2) of Defendant's Practices Prior to the Effective Date of Act 163, 96 Second MOTION in Limine Defendent's Motion in Limine No. 2: Motion to Limit Plaintiffs' Testimony. Motion Hearing set for 2/22/2012 09:00 AM before JUDGE DAVID ALAN EZRA. (tl, )
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: 02/09/2012)
105 TRIAL BRIEF. filed by N. B., M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly

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situated,), R. D., Hawaii Disability Rights Center, C. K., M. P., R. P.-K.. (Attachments: # 1 Certificate of Service)(Kim, Jason) (Entered: 02/14/2012)
106 Proposed Findings of Fact. filed by N. B., M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, C. K., M. P., R. P.-K.. (Attachments: # 1 Certificate of Service)(Kim, Jason) (Entered: 02/14/2012)
107 MEMORANDUM in Opposition re 95 First MOTION in Limine Defendent's Motion in Limine No. 1: Motion to Strike and/or Prohibit Testimony of Robert Klein, 99 Fifth MOTION in Limine Defendant's Motion in Limine No. 5: Motion to Limit the Testimony of Hawaii Disability Rights Center, 96 Second MOTION in Limine Defendent's Motion in Limine No. 2: Motion to Limit Plaintiffs' Testimony filed by N. B., M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, C. K., M. P., R. P.-K.. (Attachments: # 1 Certificate of Service)(Kim, Jason) (Entered: 02/14/2012)
108 STATEMENT re 97 Third MOTION in Limine Defendent's Motion in Limine No. 3: Motion to Preclude Evidence of Prior Bad Acts, Settlements, and Due Process Hearing Requests and Decisions filed by N. B., M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, C. K., M. P., R. P.-K.. (Attachments: # 1 Certificate of Service)(Kim, Jason) (Entered: 02/14/2012)
109 MEMORANDUM in Opposition re 98 Fourth MOTION in Limine Defendent's Motion in Limine No. 4: Motion to Prohibit Plaintiff From Advancing New Claims and Theories at Trial filed by N. B., M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, C. K., M. P., R. P.-K.. (Attachments: # 1 Certificate of Service)(Kim, Jason) (Entered: 02/14/2012)
110 MEMORANDUM in Opposition re 100 Sixth MOTION in Limine Defendant's Motion in Limine No. 6: Motion to Preclude Evidence: (1) Regarding the Reasons for Passing Act 163 and (2) of Defendant's Practices Prior to the Effective Date of Act 163Sixth MOTION in Limine Defendant's Motion in Limine No. 6: Motion to Preclude Evidence: (1) Regarding the Reasons for Passing Act 163 and (2) of Defendant's Practices Prior to the Effective Date of Act 163 filed by N. B., M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, C. K., M. P., R. P.-K.. (Attachments: # 1 Certificate of Service)(Kim,

02/14/2012 02/14/2012 02/22/2012
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Jason) (Entered: 02/14/2012)
111 TRIAL BRIEF Defendant's Trial Brief; Certificate of Service. filed by Department of Education, State of Hawai'i.(Siu, Carter) (Entered: 02/14/2012)
112 Proposed Findings of Fact. filed by Department of Education, State of Hawai'i.(Siu, Carter) (Entered: 02/14/2012)
113 EP: Motion hearing held re: 95 First MOTION in Limine defendants Motion in Limine No. 1: Motion to Strike and/or Prohibit Testimony of Robert Klein. 96 Second MOTION in Limine Defendants Motion in Limine No. 2: Motion to Limit Plaintiffs' Testimony. 97 Third MOTION in Limine Defendants Motion in Limine No. 3: Motion to Preclude Evidence of Prior Bad Acts, Settlements, and Due Process Hearing Requests and Decisions. 98 Fourth MOTION in Limine Defendants Motion in Limine No. 4: Motion to Prohibit Plaintiff From Advancing New Claims and Theories at Trial. 99 Fifth MOTION in Limine Defendant's Motion in Limine No. 5: Motion to Limit the Testimony of Hawaii Disability Rights Center. 100 Sixth MOTION in Limine Defendant's Motion in Limine No. 6: Motion to Preclude Evidence: (1) Regarding the Reasons for Passing Act 163 and (2) of Defendant's Practices Prior to the Effective Date of Act 163.Counsel to prepare stipulation.Oral arguments heard. 95 First MOTION in Limine Defendants Motion in Limine No. 1: Motion to Strike and/or Prohibit Testimony of Robert Klein- HELD in abeyance. Counsel to prepare stip. 96 Second MOTION in Limine Defendants Motion in Limine No. 2: Motion to Limit Plaintiffs' Testimony- HELD in abeyance. Counsel to prepare stip. 97 Third MOTION in Limine Defendants Motion in Limine No. 3: Motion to Preclude Evidence of Prior Bad Acts, Settlements, and Due Process Hearing Requests and Decisions- HELD in abeyance. Counsel to prepare stip. 98 Fourth MOTION in Limine Defendants Motion in Limine No. 4: Motion to Prohibit Plaintiff From Advancing New Claims and Theories at Trial- DENIED as moot without prejudice. 99 Fifth MOTION in Limine Defendant's Motion in Limine No. 5: Motion to Limit the Testimony of Hawaii Disability Rights Center- HELD in abeyance. Counsel to prepare stip. 100 Sixth MOTION in Limine Defendant's Motion in Limine No. 6: Motion to Preclude Evidence: (1) Regarding the Reasons for Passing Act 163 and (2) of Defendant's Practices Prior to the Effective Date of Act 163-GRANTED in part, DENIED in part.Court to issue written order on rulings after Counsel has submitted stipulation to the Court. Stipulation due by 10:00am on 2/27/2012.(Court Reporter Cynthia Fazio.) (JUDGE DAVID ALAN EZRA)(tl, )No COS issued for this docket entry (Entered: 02/23/2012)
114 STIPULATION Regarding Plaintiffs. Signed by JUDGE DAVID ALAN EZRA on 2/27/2012. (gab, )
CERTIFICATE OF SERVICE

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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: 02/27/2012)
115 ORDER Ruling on Defendant's Motions in Limine 95 ; 96 ; 97 ; 99 . Signed by JUDGE DAVID ALAN EZRA on 2/27/2012. (gab, )
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: 02/27/2012)
116 EP: Non Jury Trial-1st Day.Plaintiffs Exhibits 1-20 received via stipulation by Counsel.Defendants Exhibits 500-517 received via stipulation by Counsel.Plaintiffs Witnesses: Ronn Nozoe(D, C, RD)Plaintiff rests.Defendants Oral Motion for a Directed Verdict TAKEN UNDER ADVISEMENTDefendants Witnesses: Timothy Hill(D, C), Bruce Naguwa(D, C).The parties shall submit Written Closing Arguments with a limit of 25 pages and Revised Proposed Findings of Fact and Conclusions of law by no later than 12 noon on 3/9/2012.(Court Reporter Cynthia Fazio.) (JUDGE DAVID ALAN EZRA)(tl, )No COS issued for this docket entry (Entered: 02/28/2012)
118 TRANSCRIPT of Proceedings (NJT - DAY 1) held on 2/28/12 - before Judge DAVID ALAN EZRA. Court Reporter Cynthia Fazio, Telephone number 808.533.0102. Transcript may be viewed at the court public terminal or ordered through the Court Reporter before the deadline for Release of Transcript. Remote availability of electronic transcripts is regulated by FRCP 5.2(a),FRCrP 49.1(a) and FRBP 9037(a) Redaction Request due 3/20/2012. Redacted Transcript Deadline set for 3/30/2012. Release of Transcript Restriction set for 5/28/2012. (114 pp.) (cf@hid.uscourts.gov) (Entered: 03/02/2012)
119 STATUS REPORT - Plaintiffs' Closing Statement by N. B., M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, C. K., E.R. K., M. P.. (Attachments: # 1 Certificate of Service)(Kim, Jason) (Entered: 03/09/2012)
120 Proposed Findings of Fact. filed by N. B., M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, C. K., E.R. K., M. P.. (Attachments: # 1 Certificate of Service)(Kim, Jason) (Entered: 03/09/2012)
121 TRIAL BRIEF Defendant Department of Education, State of Hawaii's Closing Brief. filed by Department of Education, State of Hawai'i. (Attachments: # 1 Certificate of Service)(Siu, Carter) (Entered: 03/09/2012)

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122 Proposed Findings of Fact. filed by Department of Education, State of Hawai'i. (Attachments: # 1 Certificate of Service)(Siu, Carter) (Entered: 03/09/2012)
123 FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION. Signed by JUDGE DAVID ALAN EZRA on 3/30/2012. ~ Excerpt of Conclusion: "Defendant's Rule 50 motion for judgment as a matter of law is DENIED. The Court finds and concludes that Plaintiffs have failed to show by a preponderance of the evidence that pursuant to Act 163, Defendant violated the IDEA, Title II of the ADA, or § 504 of the Rehab Act. Judgment shall be entered in favor of Defendant as to Counts I, II, and III of Plaintiffs' Complaint. All parties shall bear their own costs of suit." ~ (afc)
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: 03/30/2012)
124 CLERK'S JUDGMENT IN A CIVIL CASE - Judgment entered in favor of Defendant and against Plaintiffs as to Counts I, II, III, and IV of Plaintiffs' Complaint. (afc)
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: 04/04/2012)
125 NOTICE OF APPEAL; Certificate of Service - filed by plaintiffs. Appeal re: 123 Findings of Fact & Conclusions of Law; ( 79 Order); 124 Clerk's Judgment. Filing fee $ 455. (afc) No COS issued for this docket entry Modified on 5/4/2012: 9CCA No. 12-16063 (afc). (Entered: 05/03/2012)
126 REPRESENTATION STATEMENT; Certificate of Service - filed by plaintiffs re 125 Notice of Appeal. (afc) 9CCA Notified electronically via NEF (Entered: 05/03/2012)
127 USCA Appeal Fees received $ 455, receipt number HI003615 re 125 Notice of Appeal, filed by plaintiffs. (afc) (Entered: 05/03/2012)
128 USCA Case Number 12-16063 for 125 Notice of Appeal, filed by plaintiffs.(afc) No COS issued for this docket entry (Entered: 05/04/2012)
129 USCA TIME SCHEDULE ORDER as to 125 Notice of Appeal filed by plaintiffs. (9CCA No. 12-16063) (afc)
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: 05/04/2012)
130 Attorney Appeal Packet re 125 Notice of Appeal filed by plaintiffs. (Attachments: # 1 Notice of Appeal, # 2 US District Court

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Instructions/Forms re: Appeal, # 3 Docket Sheet) (afc)
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). All participants are registered to receive electronic notifications.
(Entered: 05/04/2012)
131 TRANSCRIPT of Proceedings ( 57 M/SJ; 60 M/DISM; 59 M/PREL INJUNC - RENEWED) held on 9/12/11 - before Judge DAVID ALAN EZRA. Court Reporter Cynthia Fazio, Telephone number 808.541.2063. Transcript may be viewed at the court public terminal or ordered through the Court Reporter before the deadline for Release of Transcript. Remote availability of electronic transcripts is regulated by FRCP 5.2(a),FRCrP 49.1(a) and FRBP 9037(a) Redaction Request due 8/3/2012. Redacted Transcript Deadline set for 8/13/2012. Release of Transcript Restriction set for 10/11/2012. (50 pp.) (cf@hid.uscourts.gov) (Entered: 07/16/2012)
132 ORDER REFERRING CASE. Case reassigned to: CHIEF JUDGE SUSAN OKI MOLLWAY for all further proceedings. JUDGE DAVID ALAN EZRA no longer assigned to case Please reflect Civil Case Number CIV NO 10-00436 SOM-KSC on all further documents and pleadings ). Signed by JUDGE DAVID ALAN EZRA on 12/18/2012. (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 were
served by first class mail on the date of this docket entry (Entered: 12/18/2012)
133 NOTICE of Case Reassignment: Please reflect Civil Case Number CIV NO 10-00436 SOM-KSC on all further documents and pleadings. (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 were
served by first class mail on the date of this docket entry. (Entered: 12/18/2012)
134 OPINION of USCA as to 125 Notice of Appeal filed by Hawaii Disability Rights Center, C. K., M. D., R. D., N. B., R. T. D., 9CCA NO. 12-16063.
"Accordingly, we affirm the district court's judgment for the DOE on the ADA and Rehabilitation Act claims, and reverse the district court's judgment for the DOE on the IDEA claim. Costs on appeal shall be awarded to Plaintiffs-Appellants. AFFIRMED in
part, REVERSED in part, and REMANDED." (cc: SOM/TF) (emt, )
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: 08/28/2013)
135 NOTICE of Appearance by Jennifer Visitacion Patricio on behalf of E.R. K. on behalf of E.R. K.. (Patricio, Jennifer) (Entered: 09/04/2013)
136 NOTICE of Hearing:. Status Conference set for 9/6/2013 10:30 AM before JUDGE SUSAN OKI MOLLWAY. Parties notified.(tbf, )
CERTIFICATE OF SERVICE

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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: 09/06/2013)
137 Letter addressed to Chief Judge Susan Oki Mollway from Paul Alston, Esq., dated September 4, 2013 -- re request for immediate status conference in reference to Ninth Circuit's reversal decision. (emt, ) (Entered: 09/06/2013)
138 EP: Status Conference -Court has received Mr. Alstons letter re: the 9th CCA ruling.Court informed the parties that it did not yet receive the mandate.Discussion held re: how to proceed.Mr. Siu to inform the principals of the schools to contact him before taking any action.Mr. Siu and Mr. Alston to communicate and work together.When the mandate is issued, another status conference will be scheduled.Status Conference held on 9/6/2013. (Court Reporter Debra Chun.) (JUDGE SUSAN OKI MOLLWAY)(tbf, )No COS issued for this docket entry (Entered: 09/06/2013)
139 MANDATE of USCA as to 125 Notice of Appeal, filed by Hawaii Disability Rights Center, C. K., M. D., R. D., N. B., R. T. D., 9CCA 1216063. (cc: SOM/TF) "The judgment of this Court, entered August 28, 2013, takes
effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure.Costs are taxed against the appellee in
the amount of $390.80." (emt, )
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: 09/26/2013)
140 EO: Status Conference set for 9/30/2013 09:15 AM before JUDGE KEVIN S.C. CHANG. (JUDGE KEVIN S.C. CHANG)(sna, )
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: 09/26/2013)
141 EO: At counsel's request, Status Conference set 9/30/13 shall be continued to 10/1/2013 09:15 AM before JUDGE KEVIN S.C. CHANG. Gina with Holly Shikada to notify all parties. (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 09/27/2013)
142 EP: Status Conference held on 10/1/2013. Discussion held regarding form of Stipulated Order directing the DOE to provide information to counsel and a form of Notice to be published. Discussion also held regarding appointment of a Master. Mr. Alston to draft an Order and circulate to counsel and settlement process can be started thereafter. (In Chambers - no record, 9:15-9:45am.) (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 10/01/2013)
144 ORDER of USCA as to 125 Notice of Appeal, filed by Hawaii Disability

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Rights Center, C. K., M. D., R. D., N. B., R. T. D., 9CCA NO. 12-16063.
"The application for an award of attorney fees on appeal is referred to the court's special master, Appellate Commissioner Peter L. Shaw, who shall conduct whatever proceedings he deems appropriate, and who shall have authority to enter an order concerning the application for fees. See 9th Cir. R. 39-1.9. The order is subject to reconsideration by the
panel. Id." (emt, )No COS issued for this docket entry (Entered: 10/24/2013)
145 ORDER of USCA as to 125 Notice of Appeal, filed by Hawaii Disability Rights Center, C. K., M. D., R. D., N. B., R. T. D., 9CCA NO. 12-16063. Appellants motion for attorneys fees referred to Circuit Mediator. (emt, )No COS issued for this docket entry (Entered: 11/08/2013)
146 MOTION to Compel the Department of Education for the State of Hawaii to Release Plaintiff Identifying Information to Counsel Paul Alston appearing for Plaintiffs N. B., C. B., M. D., R. T. D., R. D., Hawaii Disability Rights Center, C. K., E.R. K., B. P., M. P., R. P.-K. (Attachments: # 1 Certificate of Service)(Alston, Paul) Modified on 3/4/2014 (emt, ). (Entered: 02/14/2014)
147 Ex Parte MOTION to Shorten Time to hear Motion re 146 MOTION to Compel the Department of Education for the State of Hawaii to Release Plaintiff Identifying Information to Counsel Paul Alston appearing for Plaintiffs N. B., C. B., M. D., R. T. D., R. D., Hawaii Disability Rights Center, C. K., E.R. K., B. P., M. P., R. P.-K. (Attachments: # 1 Declaration of Paul Alston, # 2 Order Granting Ex Parte Motion to Shorten Time for Hearing, # 3 Certificate of Service)(Alston, Paul) (Entered: 02/14/2014)
148 NOTICE of Hearing on Motion 146 : The Court grants Plaintiffs' Ex Parte Motion to Shorten Time for Hearing on Their Motion for an Order Compelling the Department of Education for the State of Hawaii to Release Plaintiff Identifying Information to Counsel 147 . Plaintiffs' Motion for an Order Compelling the Department of Education for the State of Hawaii to Release Plaintiff Identifying Information to Counsel 146 shall be set for hearing on 3/4/2014 09:30 AM before JUDGE KEVIN S.C. CHANG. Opposition due: 2/25/14 at 4:30pm. Reply due: noon on 2/28/14. (sna, )
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: 02/18/2014)
149 ORDER GRANTING EX PARTE MOTION TO SHORTEN TIME FOR HEARING ON PLAINTIFFS' MOTION FOR AN ORDER COMPELLING THE DEPARTMENT OF EDUCATION FOR THE STATE OF HAWAII TO RELEASE PLAINTIFF IDENTIFYING INFORMATION TO COUNSEL re 147 - Signed by JUDGE KEVIN S.C. CHANG on 2/18/2014. (re 146 MOTION to Compel the Department of Education
for the State of Hawaii to Release Plaintiff Identifying Information to Counsel filed by C. K., B. P., R. T. D., E.R. K., M. P. set for 3/4/2014 09:30 AM before JUDGE KEVIN S.C.

02/20/2014 02/21/2014 02/25/2014 02/27/2014
02/28/2014 03/04/2014

CHANG.) (emt, )
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: 02/18/2014)
150 EO: At counsel's request, Status Conference Re: Plaintiffs' Motion for an Order Compelling the Department of Education for the State of Hawaii to Release Plaintiff Identifying Information to Counsel 146 set for 2/28/2014 09:45 AM before JUDGE KEVIN S.C. CHANG. Carter Siu has notified all parties. (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 02/20/2014)
151 NOTICE of Appearance by Adam T. Snow on behalf of Department of Education, State of Hawai'i on behalf of Department of Education, State of Hawai'i. (Snow, Adam) (Entered: 02/21/2014)
152 MEMORANDUM in Opposition re 146 MOTION to Compel the Department of Education for the State of Hawaii to Release Plaintiff Identifying Information to Counsel Defendant's Memorandum in Opposition to Plaintiffs'Motion for an Order Compelling the Department of Education for the State of Hawaii to Release Plaintiff Identifying Information to Counsel; Certificate of Service filed by Department of Education, State of Hawai'i. (Snow, Adam) (Entered: 02/25/2014)
153 RESPONSE in Support re 146 MOTION to Compel the Department of Education for the State of Hawaii to Release Plaintiff Identifying Information to Counsel filed by N. B., C. B., M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, C. K., E.R. K., B. P., M. P., R. P.-K.. (Attachments: # 1 Exhibit "1" - State of Hawaii, Dept. of Education, "Notice for Directory Information", # 2 Certificate of Service)(Alston, Paul) (Entered: 02/27/2014)
154 EP: Status Conference Re: Plaintiffs' Motion for an Order Compelling the Department of Education for the State of Hawaii to Release Plaintiff Identifying Information to Counsel 146 held on 2/28/2014. Discussion held. Counsel to confer further regarding notice letter. (In Chambers - no record, 9:45-10:25am.) (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 02/28/2014)
155 EP: granting in part and denying in part 146 : Plaintiffs' Motion for an Order Compelling the Department of Education for the State of Hawaii to Release Plaintiff Identifying Information to Counsel held on 3/4/2014. Motion granted in part and denied in part. Motion denied as to Defendant's request to have production of class member identities and contact information today. Motion granted as follows: Defendant is directed to make pre-disclosure Notice to parents and eligible students by mail, post-

03/04/2014 03/12/2014 03/13/2014 04/17/2014 04/17/2014 04/18/2014

marked no later than 3/18/14. Parents and students will have until 4/4/14 to respond or object to the Notice. Thereafter, a Further Hearing on Plaintiffs' Motion for an Order Compelling the Department of Education for the State of Hawaii to Release Plaintiff Identifying Information to Counsel 146 shall be held on 4/18/14 at 9:30am before Judge Chang. Defense counsel to advise Plaintiffs' counsel and the Court of any responses received. Defense counsel should be prepared on 4/18/14 to provide Plaintiffs' counsel with names and contact information of all class members. ( FTR C8 - 9:349:44am.) (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 03/04/2014)
156 EO: re 155 Minutes submitted on 3/4/14 amended: Motion denied as to Plaintiffs' request to have production of class member identities and contact information today. (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 03/04/2014)
157 EO: At Defendant's request, Settlement Conference (with Defendants only) set for 3/13/2014 09:15 AM before JUDGE KEVIN S.C. CHANG. Mr. Henderson has notified all defense counsel. (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 03/12/2014)
158 EP: Settlement Conference held on 3/13/2014. Settlement Conference held with defense counsel only. ( In Chambers - no record, 9:10-10:00am.) (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 03/13/2014)
159 EO: re 155 Further Hearing on Plaintiffs' Motion for an Order Compelling the Department of Education for the State of Hawaii to Release Plaintiff Identifying Information to Counsel 146 set 4/18/14 at 9:30am before Judge Chang. Paul Alston to participate by phone. (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 04/17/2014)
160 EO: re 155 Further Hearing on Plaintiffs' Motion for an Order Compelling the Department of Education for the State of Hawaii to Release Plaintiff Identifying Information to Counsel 146 set 4/18/14 at 9:30am before Judge Chang. Jennifer Patricio to participate by phone. (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 04/17/2014)
161 EP: Motion Hearing held on 4/18/2014 re 146 : Further Hearing on Plaintiffs' Motion for an Order Compelling the Department of Education for the State of Hawaii to Release Plaintiff Identifying Information to Counsel. Further hearing held. Court directs that Mr. Snow file Exhibits A and B and file under seal Exhibits C, D, and E. Mr. Snow provided copies of Exhibits A, B, C, D, and E to Ms. Black. Further Hearing on Plaintiffs' Motion for an Order Compelling the Department of Education for the State of Hawaii to Release Plaintiff Identifying Information to Counsel 146 set 4/25/14 at 9:30am before Judge Chang. (Aha Kupono FTR, 9:34-9:47am.) (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this

04/22/2014 04/23/2014 04/23/2014
04/24/2014 04/25/2014

docket entry (Entered: 04/18/2014)
162 MEMORANDUM Regarding (1) The Size of the Class, and (2) The Process for Determining the Class Members' Entitlement to Compensatory Education filed by N. B., C. B., M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, C. K., B. P., M. P., R. P.-K.. (Attachments: # 1 Exhibit "A", # 2 Exhibit "B", # 3 Exhibit "C", # 4 Certificate of Service)(Alston, Paul) (Entered: 04/22/2014)
163 Defendant's Submission of EXHIBITS "A"-"B" Produced at the Hearing on Plaintiffs' Motion for an Order Compelling the Department of Education for the State of Hawaii to Release Plaintiff Identifying Information to Counsel Held on April 18, 2014; Certificate of Service re 146 , 161 - filed by Department of Education, State of Hawai'i. (Note:
Although referenced in the caption, the Certificate of Service was not included.)
(Attachments: # 1 Exhibit A, # 2 Exhibit B)(emt, ) (Entered: 04/23/2014)
164 Defendant's Submission of EXHIBITS "C"-"E" Produced at the Hearing on Plaintiffs' Motion for an Order Compelling the Department of Education for the State of Hawaii to Release Plaintiff Identifying Information to Counsel Held on April 18, 2014; Certificate of Service re 146 ; 161 - filed by Department of Education, State of Hawai'i. (ATTACHMENT(S) SEALED) (Note: Although referenced in the caption, the Certificate of Service was not included.) (emt, ) (Additional attachment(s) added on 4/23/2014: # 1 Exhibit C, # 2 Exhibit D, # 3 Exhibit E) (emt, ). (Entered: 04/23/2014)
165 MEMORANDUM in Opposition Defendant's Memorandum in Opposition to 162 Plaintiffs' Memorandum Regarding (1) The Size of the Class and (2) The Process for Determining the Class Members' Entitlement to Compensatory Education (Doc. No. 162, filed April 22, 2014); Certificate of Service filed by Department of Education, State of Hawai'i. (Snow, Adam) Modified on 4/25/2014 to add linkage to 162 Memorandum (emt, ). (Entered: 04/24/2014)
166 EP: granting 146 Further Hearing on Plaintiffs' Motion for an Order Compelling the Department of Education for the State of Hawaii to Release Plaintiff Identifying Information to Counsel Hearing held on 4/25/2014; Status Conference held on 4/25/2014. Arguments heard. Motion granted as follows: Exhibits C, D, and E may be retained by Plaintiff's counsel and subject to an agreed upon protective order. Information therein may be available to counsel and all counsel representing Plaintiffs in this case. Without a protective order, the court does not make a ruling about whether information can be made available to others retained by counsel. Issues concerning appropriate relief should be presented to Judge Mollway. Parties to meet and confer within 2 weeks about 1) size of purported class/who constitutes class; and 2) nature of relief, to see if a stipulation may be reached as to said issues. If no

04/28/2014
05/29/2014 06/02/2014 06/02/2014 06/05/2014 06/16/2014

agreement reached, discussion to be held about time table to present issue to Judge Mollway. Counsel to meet and confer. Court to contact counsel to schedule a Status/Settlement Conference. (FTR C7, 9:37-9:53am (Motion); C7 - no record, 9:53-10:00am.) (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 04/28/2014)
167 EO: re 166 No formal order to be issued as to the Further Hearing on Plaintiffs' Motion for an Order Compelling the Department of Education for the State of Hawaii to Release Plaintiff Identifying Information to Counsel Hearing 146 held on 4/25/2014. (JUDGE KEVIN S.C. CHANG)(sna, )
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: 04/28/2014)
168 EO: Status/Settlement Conference set for 6/5/2014 09:00 AM before JUDGE KEVIN S.C. CHANG. Confidential Settlement Conference statements due: 6/2/14. (JUDGE KEVIN S.C. CHANG)(sna, )
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: 05/29/2014)
169 NOTICE of Appearance by Michelle N. Comeau on behalf of M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, E.R. K. on behalf of M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, E.R. K.. (Attachments: # 1 Certificate of Service)(Comeau, Michelle) (Entered: 06/02/2014)
170 NOTICE by R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., M. D., Hawaii Disability Rights Center, E.R. K. of Withdrawal of Counsel Kyu Y. Paek for Plaintiff R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., M. D., Hawaii Disability Rights Center, E.R. K.. (Attachments: # 1 Certificate of Service)(Comeau, Michelle) (Entered: 06/02/2014)
171 EP: Status/Settlement Conference held on 6/5/2014. Counsel to file cross motions regarding administrative or judicial forum regarding remedy by 6/16/14. (In Chambers - no record, 9:05-9:25am.) (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 06/05/2014)
172 MOTION FOR THE COURT TO DETERMINE THE APPROPRIATE FORUM AND PROCESS FOR EVALUATING COMPENSATORY EDUCATION CLAIMS OF CLASS MEMBERS; Adam T. Snow appearing for Defendant Department of Education, State of Hawai'i (Attachments: #

06/16/2014 06/17/2014 07/21/2014 07/21/2014 07/24/2014

1 MEMORANDUM IN SUPPORT OF MOTION, # 2 CERTIFICATE OF SERVICE)(Snow, Adam) (Entered: 06/16/2014)
173 MOTION Award of Compensatory Education and Appointment of Special Master Paul Alston appearing for Plaintiffs R. T. D., R. D., Hawaii Disability Rights Center, E.R. K., R. P.-K. (Attachments: # 1 Memorandum in Support of Motion, # 2 Declaration of Paul Alston, # 3 Exhibit "A", # 4 Exhibit "B", # 5 Request for Judicial Notice, # 6 Exhibit "C", # 7 Exhibit "D", # 8 Exhibit "E", # 9 Exhibit "F", # 10 Exhibit "G", # 11 Certificate of Service)(Alston, Paul) (Entered: 06/16/2014)
174 NOTICE of Hearing on Motion 172 MOTION FOR THE COURT TO DETERMINE THE APPROPRIATE FORUM AND PROCESS FOR EVALUATING COMPENSATORY EDUCATION CLAIMS OF CLASS MEMBERS;, 173 MOTION Award of Compensatory Education and Appointment of Special Master :. Motion Hearing set for 8/11/2014 09:00 AM before JUDGE SUSAN OKI MOLLWAY. (tbf, )
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: 06/17/2014)
175 MEMORANDUM in Opposition re 172 MOTION FOR THE COURT TO DETERMINE THE APPROPRIATE FORUM AND PROCESS FOR EVALUATING COMPENSATORY EDUCATION CLAIMS OF CLASS MEMBERS; filed by M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, E.R. K.. (Attachments: # 1 Plaintiffs' Request for Judicial Notice, # 2 Exhibit H - June 2014 Federal Letter to DOE, # 3 Exhibit I - DOE 2011 Consultant Report, # 4 Certificate of Service)(Alston, Paul) (Entered: 07/21/2014)
176 MEMORANDUM in Opposition re 173 MOTION Award of Compensatory Education and Appointment of Special Master Defendant's Memorandum in Opposition to Plaintiffs' Motion for Award of Compensatory Education and Appointment of a Special Master; Declaration of Debra Farmer, Exhibit A w/encls. 1-8; Certificate of Service filed by Department of Education, State of Hawai'i. (Attachments: # 1 Declaration Debra Farmer, # 2 Exhibit Enclosure 1, # 3 Exhibit Enclosure 2, # 4 Exhibit Enclosure 3, # 5 Exhibit Enclosure 4, # 6 Exhibit Enclosure 5, # 7 Exhibit Enclosure 6, # 8 Exhibit Enclosure 7, # 9 Exhibit Enclosure 8)(Snow, Adam) (Entered: 07/21/2014)
177 EO: 172 MOTION FOR THE COURT TO DETERMINE THE APPROPRIATE FORUM AND PROCESS FOR EVALUATING COMPENSATORY EDUCATION CLAIMS OF CLASS MEMBERS;, 173 MOTION Award of Compensatory Education and Appointment of Special Master . Motion Hearing set for 8/11/2014 @ 9:00 a.m. is rescheduled to

07/28/2014 07/28/2014
07/28/2014 07/29/2014
07/29/2014 08/05/2014

09:45 AM before JUDGE SUSAN OKI MOLLWAY. Parties notified. (JUDGE SUSAN OKI MOLLWAY)(tbf, )
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: 07/24/2014)
178 REPLY re 172 MOTION FOR THE COURT TO DETERMINE THE APPROPRIATE FORUM AND PROCESS FOR EVALUATING COMPENSATORY EDUCATION CLAIMS OF CLASS MEMBERS; filed by Department of Education, State of Hawai'i. (Attachments: # 1 Declaration of Adam T. Snow, # 2 Exhibit B, # 3 Exhibit C, # 4 Certificate of Service)(Snow, Adam) (Entered: 07/28/2014)
179 REPLY to Response to Motion re 173 MOTION Award of Compensatory Education and Appointment of Special Master filed by M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, E.R. K.. (Attachments: # 1 Certificate of Word Count, # 2 Declaration of Keith H.S. Peck, # 3 Exhibit J - 7/24/14 Email, # 4 Declaration of Paul Alston, # 5 Exhibit K - 9/16/13 Letter, # 6 Plaintiffs' Request for Judicial Notice, # 7 Exhibit L - 12/13/10 Special Ed Article, # 8 Certificate of Service)(Alston, Paul) (Entered: 07/28/2014)
180 OBJECTION re 176 Memorandum in Opposition to Motion,, Plaintiffs' Objections to Defendant's Violation of Federal Rule of Evidence 408 filed by M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, E.R. K.. (Attachments: # 1 Certificate of Service)(Alston, Paul) (Entered: 07/28/2014)
ADVISORY ENTRY. Please be advised that the Declaration of Adam T. Snow included with docket entry 178 Reply Memorandum in Support of Motion for the Court to Determine the Appropriate Forum and Process for Evaluating Compensatory Education Claims of Class Members, filed by Department of Education, State of Hawai'i is not signed. LR100.5.1. states "The name of the CM/ECF user under whose login and password the document is being electronically filed must be preceded by "/s/" and typed in the space where the signature otherwise would appear (e.g. /s/ John or Jane Lawyer)." (emt, ) (Entered: 07/29/2014)
181 Declaration of Adam T. Snow re 178 Reply, . (Attachments: # 1 Exhibit "B" (Article: New Accountability Framework Raises the Bar for State Special Education Programs), # 2 Exhibit "C" (Graphic: IDEA State Determinations Under Results Driven Accountability: 2014))(Snow, Adam) Modified on 7/30/2014 (emt, ). (Entered: 07/29/2014)
182 RESPONSE re 180 Objection, Defendant's Response to Plaintiffs FRE 408

08/07/2014
08/07/2014 08/12/2014 08/12/2014 08/13/2014
08/22/2014

Objection 180 filed by Department of Education, State of Hawai'i. (Attachments: # 1 Certificate of Service)(Snow, Adam) (Entered: 08/05/2014)
183 EO: 172 MOTION FOR THE COURT TO DETERMINE THE APPROPRIATE FORUM AND PROCESS FOR EVALUATING COMPENSATORY EDUCATION CLAIMS OF CLASS MEMBERS;, 173 MOTION Award of Compensatory Education and Appointment of Special Master . Motion Hearing set for 8/11/14 @ 9:45 a.m. is continued to 8/13/2014 11:15 AM before JUDGE SUSAN OKI MOLLWAY. (JUDGE SUSAN OKI MOLLWAY)(tbf, )
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: 08/07/2014)
184 Plaintiffs' REPLY in Support of 180 Objections to Defendant's Violation of Federal Rule of Evidence 408, Filed 7/28/14, filed by M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, E.R. K.. (Attachments: # 1 Declaration of Paul Alston, # 2 Certificate of Service)(Alston, Paul) Modified on 8/11/2014 (emt, ). (Entered: 08/07/2014)
185 INCLINATIONS - by CHIEF JUDGE SUSAN OKI MOLLWAY (emt, ) (Entered: 08/12/2014)
COURT'S CERTIFICATE of Service - 185 INCLINATIONS served on August 12, 2014. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (emt, ) (Entered: 08/12/2014)
186 EP: Defendant's Motion for the Court to Determine the Appropriate Forum and Process for Evaluating Compensatory Education Claims of Class Members 172 . Plaintiffs' Motion for Award of Compensatory Education and Appointment of Special Master 173 .Oral arguments heard.Defendant's Motion for the Court to Determine the Appropriate Forum and Process for Evaluating Compensatory Education Claims of Class Members 172 -TAKEN UNDER ADVISEMENT.Plaintiffs' Motion for Award of Compensatory Education and Appointment of Special Master 173 -TAKEN UNDER ADVISEMENT.Court to issue order. (Court Reporter Debra Chun.) (JUDGE SUSAN OKI MOLLWAY)(tl, )No COS issued for this docket entry (Entered: 08/13/2014)
187 ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR AWARD OF COMPENSATORY EDUCATION AND APPOINTMENT OF SPECIAL MASTER; ORDER DENYING DEFENDANT'S MOTION FOR THE COURT TO DETERMINE THE APPROPRIATE FORUM AND PROCESS FOR

08/28/2014
08/28/2014 08/28/2014 08/28/2014

EVALUATING COMPENSATORY EDUCATION CLAIMS OF CLASS MEMBERS re 172 ; 173 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 8/22/2014.
"The parties are ordered to work with Magistrate Judge Kevin S.C. Chang concerning the following: 1) Determination of Class Members: as soon as practicable, but in no event later than September 22, 2014, the DOE must provide Plaintiffs' counsel with the name of every potential class member, accompanied by his or her last-known contact information. The DOE must include the names and last-known contact information of all individuals who might have been affected by the DOE's "age out" calculation, including individuals that the DOE concludes may have opted not to receive services, such as drop outs and those with employment. The DOE may provide names by grouping similarly situated individuals. Magistrate Judge Chang will settle all disputes concerning the identification of class members ; 2) Consideration of the DOE's ability to provide compensatory education to class members; 3) Identification of private service providers likely to be needed to provide compensatory education to class members and likely to be agreed to by the parties; and 4) Consideration of prompt class notification and of further class certification issues, with any modification of the existing class certification to be sought by motion(s) filed no later than October 31, 2014. " "The parties are directed to file status reports on the above matters by September 30, 2014." (emt, )
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: 08/22/2014)
188 TRANSCRIPT of Proceedings Various Motions held on 8/13/14 before Judge Susan Oki Mollway. Court Reporter Debra Chun, Telephone number (808) 541-2061. Transcript may be viewed at the court public terminal or ordered through the Court Reporter before the deadline for Release of Transcript. Remote availability of electronic transcripts is regulated by FRCP 5.2(a), FRCrP 49.1(a) and FRBP 9037(a). Redaction Request due 9/15/2014. Redacted Transcript Deadline set for 9/25/2014. Release of Transcript Restriction set for 11/24/2014. (dc@hid.uscourts.gov) pp. 36. (Entered: 08/28/2014)
189 EO: At counsel's request, Status Conference set for 8/29/2014 09:15 AM before JUDGE KEVIN S.C. CHANG. Andrea with Adam Snow to notify all parties. (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 08/28/2014)
190 EO: re 189 Status Conference set for 8/29/2014 09:15 AM before JUDGE KEVIN S.C. CHANG. Paul Alston and Adam Snow to participate by phone. (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 08/28/2014)
191 EO: re 189 Status Conference set for 8/29/2014 09:15 AM before JUDGE KEVIN S.C. CHANG. Harvey Henderson to participate by phone.

08/29/2014 09/03/2014 09/30/2014 09/30/2014 10/01/2014 10/09/2014
10/14/2014 10/31/2014

(JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 08/28/2014)
192 EP: Status Conference held on 8/29/2014. Discussion held. Court directs Mr. Henderson and Mr. Snow to send a draft to Ms. Black. Ms. Black to respond by the close of business on 9/2/14. Further Status Conference, by phone, set 9/3/14 at 3:00pm before Judge Chang. (C7 - no record, 9:4010:00am.) (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 08/29/2014)
193 EP: Further Status Conference held on 9/3/2014. Counsel updated the Court that they have communicated and exchanged drafts. Counsel to confer further. Counsel to contact the Court if they need further assistance. (C7 - no record, 3:00-3:05pm.) (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 09/03/2014)
194 STATUS REPORT Defendant's September 30, 2014 Status Report by Department of Education, State of Hawai'i. (Attachments: # 1 Main Document Enclosure '1')(Snow, Adam) (Entered: 09/30/2014)
195 STATUS REPORT re: Compensatory Education by M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, E.R. K.. (Attachments: # 1 Appendix A - List of Service Providers, # 2 Appendix B - List of Types of Services, # 3 Certificate of Service)(Comeau, Michelle) (Entered: 09/30/2014)
196 CERTIFICATE OF SERVICE by Department of Education, State of Hawai'i re 194 Status Report Certificate of Service as to Defendant's September 30, 2014 Status Report filed on September 30, 2014 (Snow, Adam) (Entered: 10/01/2014)
197 EO: Status Conference set for 10/14/2014 09:00 AM before JUDGE KEVIN S.C. CHANG. Court directs that counsel meet and confer regarding Ms. Comeau's 10/8/14 letter addressed to Judge Chang. Defense counsel to submit a written response to the Court by 3:00pm on Friday, 10/10/14. (JUDGE KEVIN S.C. CHANG)(sna, )
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: 10/09/2014)
198 EP: Status Conference held on 10/14/2014. Counsel to advise the court of their continuing dialogue. (In Chambers - no record, 9:00-9:50am.) (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 10/14/2014)
200 MOTION Motion for the Court to Modify the Class Definition Adam T. Snow appearing for Defendant Department of Education, State of Hawai'i

11/04/2014 11/14/2014 11/14/2014
11/17/2014 11/19/2014 11/26/2014 11/26/2014

(Attachments: # 1 Memorandum in Support of Motion, # 2 Certificate of Service)(Snow, Adam) (Entered: 10/31/2014)
201 NOTICE of Hearing on Motion 200 MOTION Motion for the Court to Modify the Class Definition :. Motion Hearing set for 1/5/2015 10:30 AM before JUDGE SUSAN OKI MOLLWAY. (tbf, )
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: 11/04/2014)
202 EO: Status Conference set for 11/18/2014 09:00 AM before JUDGE KEVIN S.C. CHANG. (JUDGE KEVIN S.C. CHANG)(sna, )
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: 11/14/2014)
Notice to Non E-Filer - The Clerk's Office will no longer serve the attorneys at Alston Hunt Floyd & Ing via both paper and electronic service. Beginning with the email service of document number 202 , the Clerk's Office will only serve Alston Hunt Floyd & Ing electronically to the email addresses of record in this case. (sna, )
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: 11/14/2014)
203 EO: At counsel's request, Status Conference set 11/18/14 shall be continued to 11/19/2014 09:30 AM before JUDGE KEVIN S.C. CHANG. Kari with Adam Snow has notified all parties. (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 11/17/2014)
204 EP: Status Conference held on 11/19/2014. Counsel updated the Court. Further Status Conference, by phone, set 11/26/14 at 9:00am before Judge Chang. (In Chambers - no record, 9:30-10:10am.) (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 11/19/2014)
205 MOTION Defendant's Motion for a Finding of Reasonable Efforts to Contact Potential Class Members Prior to Discslosure of Names and Last Known Contact Information to Plaintiffs' Counsel; Memorandum in Support of Motion; Declaration of Debra Farmer; Exhibit A; Certificate of Service Adam T. Snow appearing for Defendant Department of Education, State of Hawai'i (Attachments: # 1 Declaration Debra Farmer, # 2 Exhibit A)(Snow, Adam) (Entered: 11/26/2014)
206 NOTICE of Hearing on Motion 205 MOTION Defendant's Motion for a Finding of Reasonable Efforts to Contact Potential Class Members Prior to Discslosure of Names and Last Known Contact Information to Plaintiffs' Counsel; Memorandum in Support of Motion; Declaration of :.

11/26/2014 11/28/2014
12/01/2014 12/01/2014 12/02/2014

Motion Hearing set for 1/5/2015 10:30 AM before JUDGE SUSAN OKI MOLLWAY. (tbf, )
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: 11/26/2014)
207 EP: Further Status Conference held on 11/26/2014. Counsel updated the Court. Further Status Conference set 12/11/14 at 9:00am before Judge Chang. (In Chambers - no record, 9:00-9:20am.) (JUDGE KEVIN S.C. CHANG)(sna, )
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: 12/01/2014)
ADVISORY ENTRY. Please be advised that the Declaration of Debra Farmer included with the 205 MOTION for a Finding of Reasonable Efforts to Contact Potential Class Members filed by Department of Education, State of Hawai'i does not contain a scanned image of the signature. LR100.5.2. states "An electronically filed document requiring the original, wet signature of an individual other than the CM/ECF user, such as an affidavit or declaration, must contain the original or a scanned image of that individual's signature." The filing party is also advised that the Memorandum should have been attached as a separate ECF attachment to the motion and labeled accordingly. The filing party need not re-file the motion, but should resubmit the Declaration of Debra Farmer, to include a scanned image of her signature. The filing party may use the docketing event "Declaration" found in the "Other Documents" category and should include a caption cover page with the submission. (emt, ) (Entered: 11/28/2014)
Notice to Non E-Filer - The Clerk's Office will no longer serve the attorneys at Alston Hunt Floyd & Ing via both paper and electronic service. Beginning with the email service of document number 207 , the Clerk's Office will only serve Alston Hunt Floyd & Ing electronically to the email addresses of record in this case. (sna, )
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: 12/01/2014)
208 Declaration re 205 MOTION Defendant's Motion for a Finding of Reasonable Efforts to Contact Potential Class Members Prior to Discslosure of Names and Last Known Contact Information to Plaintiffs' Counsel; Memorandum in Support of Motion; Declaration of Debra Farmer. (Kuwabe, Kunio) (Entered: 12/01/2014)
209 NOTICE of Appearance by Kunio Kuwabe on behalf of Department of

12/11/2014 12/15/2014
12/15/2014 12/15/2014 12/17/2014 12/18/2014

Education, State of Hawai'i on behalf of Department of Education, State of Hawai'i. (Kuwabe, Kunio) (Entered: 12/02/2014)
210 EP: Further Status Conference held on 12/11/2014. Counsel updated the Court. (In Chambers - no record, 9:00-9:45am.) (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 12/11/2014)
211 STATEMENT re 205 MOTION Defendant's Motion for a Finding of Reasonable Efforts to Contact Potential Class Members Prior to Discslosure of Names and Last Known Contact Information to Plaintiffs' Counsel; Memorandum in Support of Motion; Declaration of STATEMENT OF POSITION filed by M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, E.R. K.. (Attachments: # 1 Declaration of Claire Wong Black, # 2 Exhibit A - Confidential spreadsheet, # 3 Exhibit B - ERK 4/13/14 Motions hearing State Exhibit List, # 4 Certificate of Service)(Comeau, Michelle) (Entered: 12/15/2014)
212 Ex Parte MOTION to Seal Document 211 Statement,, Michelle N. Comeau appearing for Plaintiffs M. D., R. T. D., R. D., Hawaii Disability Rights Center, E.R. K. (Attachments: # 1 Declaration of Michelle N. Comeau, # 2 [Proposed] Order, # 3 Certificate of Service)(Comeau, Michelle) (Entered: 12/15/2014)
213 MEMORANDUM in Opposition re 200 MOTION Motion for the Court to Modify the Class Definition filed by M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, E.R. K., R. P.-K.. (Attachments: # 1 Declaration of Paul Alston, # 2 Exhibit A to Declaration of Paul Alston, # 3 Declaration of Michelle N. Comeau, # 4 Certificate of Service)(Alston, Paul) (Entered: 12/15/2014)
214 OBJECTION re 211 Statement,, Defendant's Partial Objection Regarding [ECF 211] Plaintiffs' Statement of Position Regarding 205 Defendant's Motion for a Finding of Reasonable Efforts to Contact Potential Class Members Prior to Disclosure of Names and Last Known Contac Information to Plaintiffs' Counsel, filed 11/26/14; Certificate of Service filed by Department of Education, State of Hawai'i. (Shikada, Holly) (Entered: 12/17/2014)
215 REPLY re 213 Memorandum in Opposition to Motion, Defendant's Reply to (ECF 213] Plaintiffs' Opposition to 200 Defendant's Motion for the Court to Modify the Class Definition, filed 10/31/14, filed 12/15/14; Declaration of Harvey E. Henderson, Jr.; Certificate of Service filed by Department of Education, State of Hawai'i. (Attachments: # 1 Declaration Harvey E. Henderson, Jr., # 2 Certificate of Service)(Kuwabe, Kunio) (Entered: 12/18/2014)

12/19/2014 12/19/2014

216 Errata re 215 Reply, Errata as to Defendant's Reply to [ECF 213] Plaintiffs' Opposition to 200 Defendant's Motion for the Court to Modify the Class Definition, filed 10/31/14, filed 12/15/14. Filed December 18, 2014; Exhibit "A"; Certificate of Service. (Attachments: # 1 Exhibit "A", # 2 Certificate of Service)(Kuwabe, Kunio) (Entered: 12/19/2014)
217 EO: On November 26, 2014, the Department of Education, State of Hawaii ("DOE") filed a motion "For a Finding of Reasonable Efforts to Contact Potential Class Members." See ECF No. 205. That motion is granted as unopposed. See ECF No. 211.

On December 15, 2014, Plaintiffs filed an ex parte motion to file their statement regarding the DOE's motion of November 26, 2014, under seal. That motion is granted in part. Plaintiffs may file ECF No. 211 and its Exhibit A under seal. However, Plaintiffs must publicly file a copy of ECF No. 211 and Exhibit A with only the names and contact information redacted from public view. All other information must be available for public inspection.

To the extent Plaintiffs' position statement, ECF No. 211, may be asking the court for relief, there is no motion before the court and the relief requested is not properly a countermotion, as it does not "raise the same subject matter as [the] original motion" for purposes of Local Rule 7.9. Moreover, if Plaintiffs have a dispute with respect to identification of class members, this court has already ordered that Magistrate Judge Chang will settle all such disputes. See ECF No. 187. Plaintiffs may file a motion seeking the relief they request in ECF No. 211, but the court orders the parties to meet and confer prior to the filing of any such motion. Any such motion will be decided by Magistrate Judge Chang.

12/22/2014

The Motion To Modify Class Definition remains set for hearing on January 5, 2015. The court is unlikely to issue a prehearing inclination concerning that matter.granting 205 Motion ; granting in part and denying in part 212 Motion to Seal Document. (JUDGE SUSAN OKI MOLLWAY)(tbf, )
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: 12/19/2014)
218 Plaintiffs' Submission of Plaintiffs' STATEMENT of Position Regarding 205 Defendant's MOTION for Finding of Reasonable Efforts to Contact Potential Class Members Prior to Disclosure of Names and Last Known Contact Information to Plaintiffs' Counsel, filed 11/26/214 and Exhibit "A"; Certificate of Service - filed by N. B., M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, C. K., E.R. K.,

12/22/2014 01/05/2015 01/29/2015 02/05/2015 04/24/2015

M. P. (ATTACHMENTS SEALED) Filed under seal pursuant to 217 Minute Order. (emt, ) (Additional attachment(s) added on 12/22/2014: # 1 Statement of Position, # 2 Exhibit A, # 3 Certificate of Service) (emt, ). (Entered: 12/22/2014)
219 STATEMENT re 205 MOTION Defendant's Motion for a Finding of Reasonable Efforts to Contact Potential Class Members Prior to Discslosure of Names and Last Known Contact Information to Plaintiffs' Counsel; Memorandum in Support of Motion; Declaration of AMENDED STATEMENT OF POSITION filed by M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, E.R. K.. (Attachments: # 1 Declaration of Claire Wong Black, # 2 Exhibit A - Redacted Spreadsheet of Calls, # 3 Exhibit B - ERK 4/13/14 Motions hearing State Exhibit List, # 4 Certificate of Service)(Comeau, Michelle) (Entered: 12/22/2014)
220 EP: Defendant's Motion for the Court to Modify the Class Definition 200 Arguments.Defendant's Motion for the Court to Modify the Class Definition 200 - Denied.No written order will be prepared.Counsel updated the Court re: the status of this case.denying 200 Motion ; Motion Hearing held on 1/5/2015 re 200 MOTION Motion for the Court to Modify the Class Definition filed by Department of Education, State of Hawai'i. (Court Reporter Debra Chun.) (JUDGE SUSAN OKI MOLLWAY)(tbf, )No COS issued for this docket entry (Entered: 01/05/2015)
221 STATEMENT re 205 MOTION Defendant's Motion for a Finding of Reasonable Efforts to Contact Potential Class Members Prior to Discslosure of Names and Last Known Contact Information to Plaintiffs' Counsel; Memorandum in Support of Motion; Declaration of filed by Department of Education, State of Hawai'i. (Attachments: # 1 Declaration of Kunio Kuwabe, # 2 Declaration of Debra Farmer, # 3 Certificate of Service)(Kuwabe, Kunio) (Entered: 01/29/2015)
222 TRANSCRIPT of Proceedings Motion for the Court to Modify the Class Definition held on 1/5/15 before Judge Susan Oki Mollway. Court Reporter Debra Chun, Telephone number (808) 541-2061. Transcript may be viewed at the court public terminal or ordered through the Court Reporter before the deadline for Release of Transcript. Remote availability of electronic transcripts is regulated by FRCP 5.2(a), FRCrP 49.1(a) and FRBP 9037(a). Redaction Request due 2/23/2015. Redacted Transcript Deadline set for 3/5/2015. Release of Transcript Restriction set for 5/4/2015. (dc@hid.uscourts.gov) pp. 19. (Entered: 02/05/2015)
223 ORDER of USCA as to 125 Notice of Appeal, filed by Hawaii Disability Rights Center, C. K., M. D., R. D., N. B., R. T. D., 9CCA NO. 12-16063, re 139 .
"Attorneys' fees in the amount of $33,529.32 and Hawaii general excise taxes in the

04/24/2015 04/28/2015 04/29/2015
05/05/2015 05/11/2015 05/14/2015

amount of $138.95 are awarded in favor of E.R.K., by his legal guardian R.K.; R.T.D., through his parents R.D. and M.D.; and Hawaii Disability Rights Center, in a representative capacity on behalf of its clients and all others similarly situated; and against the State of Hawaii Department of Education. This order amends the court's mandate. See Fed. R. App. P. 41."
(emt, )
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: 04/24/2015)
224 EO: A Status Conference is set for 4/29/2015 at 09:15 AM in Courtroom 5 before MAGISTRATE JUDGE KEVIN S.C. CHANG. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(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: 04/24/2015)
225 NOTICE of Appearance by Kristin L. Holland on behalf of N. B., M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., C. K., M. P. on behalf of N. B., M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., C. K., M. P.. (Holland, Kristin) (Entered: 04/28/2015)
226 EP: Status Conference -Discussion held re: class size, phone numbers, special master issue, settlement, etc.Mr. Kuwabe stated that the DOE is working on a settlement proposal.Plaintiffs to provide a list of which 20 are to be assessed by this afternoon.Defendant to provide a time deadline for the assessments within a day or two.A settlement conference is set for 5/11/15 @ 1:30 p.m. Status Conference held on 4/29/2015. Settlement Conference set for 5/11/2015 01:30 PM before MAGISTRATE JUDGE KEVIN S.C. CHANG. (Court Reporter No Record.) (MAGISTRATE JUDGE KEVIN S.C. CHANG)(tbf, )No COS issued for this docket entry (Entered: 04/29/2015)
227 STATUS REPORT SUPPLEMENTAL STATUS REPORT by Department of Education, State of Hawai'i. (Kuwabe, Kunio) (Entered: 05/05/2015)
228 EP: Settlement Conference held on 5/11/2015. Discussion Held.Mr. Kuwabe to deliver a settlement proposal to Mr. Alston by Wednesday, 5/13/2015. Thereafter, Mr. Alston to contact the court regarding the setting of a further settlement conference. (Court Reporter None.) (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )No COS issued for this docket entry (Entered: 05/12/2015)
229 EO: Status Conference Re-Settlement Offer set for 5/19/2015 at 10:30 AM before MAGISTRATE JUDGE KEVIN S.C. CHANG. The Status Conference was requested by Attorney Michelle Comeau.

05/18/2015 05/19/2015 05/29/2015
06/01/2015 06/02/2015 06/15/2015 06/16/2015 06/23/2015

(MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )
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: 05/14/2015)
230 EO: Counsel-Louis Erteschik and Jennifer Patricio will be participating telephonically at the Status Conference Re-Settlement Offer set for 5/19/2015 before Magistrate Judge Kevin Chang. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )No COS issued for this docket entry (Entered: 05/18/2015)
231 EP:Status Conference-Re-Settlement Offer held on 5/19/2015.Discussion Held. Further Status Conference set for 6/2/2015 at 09:30 AM before MAGISTRATE JUDGE KEVIN S.C. CHANG. (Court Reporter None.) (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )No COS issued for this docket entry (Entered: 05/19/2015)
232 CERTIFICATE OF SERVICE by R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), Hawaii Disability Rights Center, E.R. K. (Re: Plaintiffs Notice of Taking Deposition Upon Oral Examination Pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure; Exhibit A, dated May 29, 2015 re Designated Representative(s) of DEPARTMENT OF EDUCATION, STATE OF HAWAI`I, 6/24/15 at 9:00 a.m.) (Comeau, Michelle) (Entered: 05/29/2015)
233 STATUS REPORT by M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, E.R. K.. (Attachments: # 1 Certificate of Service)(Comeau, Michelle) (Entered: 06/01/2015)
234 EP: Further Status Conference held on 6/2/2015. Discussion Held. Further Status Conference set for 6/16/2015 at 9:00 a.m. before Magistrate Judge Kevin Chang. (Court Reporter None.) (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )No COS issued for this docket entry (Entered: 06/03/2015)
235 STATUS REPORT by M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, E.R. K.. (Attachments: # 1 Certificate of Service)(Comeau, Michelle) (Entered: 06/15/2015)
236 EP: Further Status Conference held on 6/16/2015. Discussion Held.Further Status Conference set for 7/16/2015 at 09:00 AM before MAGISTRATE JUDGE KEVIN S.C. CHANG. (Court Reporter None.) (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )No COS issued for this docket entry (Entered: 06/16/2015)
238 EO: Further Status Conference set for 6/25/2015 at 09:30 AM before

06/24/2015 06/25/2015 06/25/2015 07/15/2015 07/16/2015
07/21/2015 07/21/2015 07/22/2015 07/23/2015

MAGISTRATE JUDGE KEVIN S.C. CHANG. Plaintiffs' Counsel Michelle N. Comeau requested the Further Status Conference. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )
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: 06/23/2015)
239 STATUS REPORT by M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), Hawaii Disability Rights Center, E.R. K.. (Attachments: # 1 Certificate of Service)(Comeau, Michelle) (Entered: 06/24/2015)
240 EP: Further Status Conference held on 6/25/2015. Discussion Held.Further Status Conference set for 7/16/2015 at 9:00 a.m. before Magistrate Judge Kevin Chang. (Court Reporter None.) (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )No COS issued for this docket entry (Entered: 06/25/2015)
Pursuant to 240 Further Status Conference held on 6/25/2015. Further Status Conference set for 7/16/2015 09:00 AM before MAGISTRATE JUDGE KEVIN S.C. CHANG. (emt, ) (Entered: 06/26/2015)
241 STATUS REPORT by M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, E.R. K.. (Attachments: # 1 Certificate of Service)(Comeau, Michelle) (Entered: 07/15/2015)
242 EP: Further Status Conference held on 7/16/2015. Discussion Held.Further Status Conference set for 7/23/2015 at 09:15 AM before MAGISTRATE JUDGE KEVIN S.C. CHANG. (Court Reporter None.) (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )No COS issued for this docket entry (Entered: 07/16/2015)
243 STATUS REPORT by M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, E.R. K.. (Attachments: # 1 Certificate of Service)(Comeau, Michelle) (Entered: 07/21/2015)
244 NOTICE of Appearance by Ryan W. Roylo on behalf of Department of Education, State of Hawai'i on behalf of Department of Education, State of Hawai'i. (Roylo, Ryan) (Entered: 07/21/2015)
245 STATUS REPORT Defendant's Status Report; Certificate of Service by Department of Education, State of Hawai'i. (Siu, Carter) (Entered: 07/22/2015)
246 EP: Further Status Conference held on 7/23/2015. Discussions Held. Further Status Conference set for 7/30/2015 at 09:30 AM before MAGISTRATE JUDGE KEVIN S.C. CHANG. (Court Reporter None.)

07/28/2015 07/29/2015 07/30/2015
08/04/2015
08/05/2015 08/05/2015 08/06/2015
08/11/2015
08/12/2015 08/13/2015

(MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )No COS issued for this docket entry (Entered: 07/23/2015)
247 STATUS REPORT by M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), Hawaii Disability Rights Center, E.R. K.. (Holland, Kristin) (Entered: 07/28/2015)
248 STATUS REPORT Defendant's Status Report; Certificate of Service by Department of Education, State of Hawai'i. (Siu, Carter) (Entered: 07/29/2015)
249 EP: Further Status Conference held on 7/30/2015. Discussions Held. Further Status Conference set for 8/6/2015 at 11:00 AM before MAGISTRATE JUDGE KEVIN S.C. CHANG. (Court Reporter None.) (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )No COS issued for this docket entry (Entered: 07/30/2015)
250 STATUS REPORT by M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), Hawaii Disability Rights Center, E.R. K.. (Attachments: # 1 Appendix A Sept. 2014 List of Services, # 2 Appendix B - Charles Mueller CV)(Holland, Kristin) (Entered: 08/04/2015)
251 STATUS REPORT Defendant's Status Report; Certificate of Service by Department of Education, State of Hawai'i. (Roylo, Ryan) (Entered: 08/05/2015)
252 CERTIFICATE OF SERVICE by E.R. K. Plaintiffs' Notice of Taking Continued Deposition Upon Oral Exam Pursuant to Rule 30(b)(6) FRCP (Comeau, Michelle) (Entered: 08/05/2015)
253 EP: Further Status Conference held on 8/6/2015.Discussions Held. Further Status Conference set for 8/13/2015 at 09:00 AM before MAGISTRATE JUDGE KEVIN S.C. CHANG. (Court Reporter None.) (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )No COS issued for this docket entry (Entered: 08/06/2015)
254 STATUS REPORT by M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, E.R. K.. (Attachments: # 1 Appendix A - Letter from DOE, # 2 Certificate of Service)(Comeau, Michelle) (Entered: 08/11/2015)
255 STATUS REPORT Defendant's Status Report; Certificate of Service by Department of Education, State of Hawai'i. (Roylo, Ryan) (Entered: 08/12/2015)
256 EP: Further Status Conference held on 8/13/2015. Discussions

08/13/2015 08/18/2015
08/19/2015 08/20/2015
08/25/2015 08/26/2015 08/27/2015
09/01/2015 09/02/2015 09/03/2015

Held.Further Status Conference set for 8/20/2015 at 10:15 a.m. before Magistrate Judge Kevin Chang. (Court Reporter None.) (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )No COS issued for this docket entry (Entered: 08/13/2015)
*** Status Conference set for 8/20/2015 10:15 AM before MAGISTRATE JUDGE KEVIN S.C. CHANG pursuant to 256 . (emt, ) Modified on 8/14/2015 (emt, ). (Entered: 08/14/2015)
257 STATUS REPORT by M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, E.R. K.. (Attachments: # 1 Appendix A - Projected Class Member Locations, # 2 Certificate of Service)(Comeau, Michelle) (Entered: 08/18/2015)
258 STATUS REPORT by Department of Education, State of Hawai'i. (Attachments: # 1 Certificate of Service)(Roylo, Ryan) (Entered: 08/19/2015)
259 EP:Further Status Conference held on 8/20/2015. Discussions held. Further Status Conference set for 8/27/2015 at 10:45 AM before MAGISTRATE JUDGE KEVIN S.C. CHANG. (Court Reporter None.) (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )No COS issued for this docket entry (Entered: 08/20/2015)
260 STATUS REPORT by M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, E.R. K.. (Attachments: # 1 Certificate of Service)(Comeau, Michelle) (Entered: 08/25/2015)
261 STATUS REPORT ; Certificate of Service by Department of Education, State of Hawai'i. (Siu, Carter) (Entered: 08/26/2015)
262 EP:Further Status Conference held on 8/27/2015. Discussions Held.Further Status Conference set for 9/3/2015 at 9:00 a.m. before Magistrate Judge Kevin Chang. (Court Reporter None.) (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )No COS issued for this docket entry (Entered: 08/27/2015)
263 STATUS REPORT by M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, E.R. K.. (Attachments: # 1 Certificate of Service)(Comeau, Michelle) (Entered: 09/01/2015)
264 STATUS REPORT by Department of Education, State of Hawai'i. (Attachments: # 1 Certificate of Service)(Siu, Carter) (Entered: 09/02/2015)
265 EP: Further Status Conference - Discussion Held.Parties to submit

09/03/2015 09/08/2015 09/09/2015 09/10/2015
09/10/2015 09/10/2015 09/28/2015 09/29/2015

simultaneous letter briefs, in accordance with local rules, re: the deposition of Debra Farmer by 4:00 p.m. 9/9/15.Court will allow parties to submit briefs in excess of 5 pages.A Further Status Conference is set for September 10, 2015 at 11:00 a.m. before Magistrate Judge Kevin Chang.Status Conference held on 9/3/2015. (Court Reporter No Record.) (MAGISTRATE JUDGE KEVIN S.C. CHANG)(tbf, )No COS issued for this docket entry (Entered: 09/03/2015)
*** Further Status Conference set for 9/10/2015 11:00 AM before MAGISTRATE JUDGE KEVIN S.C. CHANG. (emt, ) Modified on 9/4/2015 (emt, ). (Entered: 09/04/2015)
266 STATUS REPORT by M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, E.R. K.. (Attachments: # 1 Certificate of Service)(Comeau, Michelle) (Entered: 09/08/2015)
267 STATUS REPORT ; CERTIFICATE OF SERVICE by Department of Education, State of Hawai'i. (Siu, Carter) (Entered: 09/09/2015)
ADVISORY ENTRY. The entry docket number 267 Status Report filed by Department of Education, State of Hawai'i was filed incorrectly in this case. Please be advised that, because the document is signed "/s/ Ryan W. Roylo", his CM/ECF login should have been used to make entry. The filing party may refer to LR100.5.1., which states " The name of the CM/ECF user under whose login and password the document is being electronically filed must be preceded by "/s/" and typed in the space where the signature otherwise would appear (e.g. /s/ John or Jane Lawyer)." The filing party may resubmit the document, using the correct ECF login. (emt, ) (Entered: 09/10/2015)
268 STATUS REPORT by Department of Education, State of Hawai'i. (Attachments: # 1 Certificate of Service)(Roylo, Ryan) (Entered: 09/10/2015)
269 EP: Further Status Conference held on 9/10/2015. Discussion Held. Further Status Conference set for 9/30/2015 at 11:00 AM before MAGISTRATE JUDGE KEVIN S.C. CHANG. (Court Reporter None.) (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )No COS issued for this docket entry (Entered: 09/11/2015)
270 STATUS REPORT by M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, E.R. K.. (Attachments: # 1 Certificate of Service)(Comeau, Michelle) (Entered: 09/28/2015)
271 STATUS REPORT ; Certificate of Service by Department of Education, State of Hawai'i. (Roylo, Ryan) (Entered: 09/29/2015)

09/30/2015 10/06/2015 10/07/2015 10/08/2015 10/14/2015 10/15/2015 10/16/2015 10/20/2015 10/21/2015 10/22/2015

272 EP: Further Status Conference held on 9/30/2015. Discussion Held. Further Status Conference set for 10/8/2015 at 11:00 AM before MAGISTRATE JUDGE KEVIN S.C. CHANG. (Court Reporter None.) (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )No COS issued for this docket entry (Entered: 09/30/2015)
273 STATUS REPORT by M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, E.R. K.. (Attachments: # 1 Certificate of Service)(Comeau, Michelle) (Entered: 10/06/2015)
274 STATUS REPORT Defendant's Status Report; Certificate of Service by Department of Education, State of Hawai'i. (Roylo, Ryan) (Entered: 10/07/2015)
275 EP: Further Status Conference held on 10/8/2015. Discussion Held. Further Status Conference set for 10/16/2015 at 10:00 AM before MAGISTRATE JUDGE KEVIN S.C. CHANG. (Court Reporter None.) (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )No COS issued for this docket entry (Entered: 10/08/2015)
276 STATUS REPORT by M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, E.R. K.. (Attachments: # 1 Exhibit A - Proposal from Ward Research, # 2 Certificate of Service)(Comeau, Michelle) (Entered: 10/14/2015)
277 STATUS REPORT Defendant's Status Report; Certificate of Service by Department of Education, State of Hawai'i. (Siu, Carter) (Entered: 10/15/2015)
278 EP: Further Status Conference held on 10/16/2015. Discussion Held.Further Status Conference set for 10/22/2015 at 09:00 AM before MAGISTRATE JUDGE KEVIN S.C. CHANG. (Court Reporter None.) (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )No COS issued for this docket entry (Entered: 10/16/2015)
279 STATUS REPORT by M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, E.R. K.. (Attachments: # 1 Certificate of Service)(Comeau, Michelle) (Entered: 10/20/2015)
280 STATUS REPORT Defendant's Status Report; Certificate of Service by Department of Education, State of Hawai'i. (Siu, Carter) (Entered: 10/21/2015)
281 EP:Further Status Conference held on 10/22/2015. Discussion Held. Further Status Conference set for 10/29/2015 at 09:00 AM before MAGISTRATE JUDGE KEVIN S.C. CHANG. (Court Reporter None.)

10/27/2015 10/28/2015 10/29/2015
11/03/2015 11/09/2015

(MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )No COS issued for this docket entry (Entered: 10/22/2015)
282 STATUS REPORT by M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, E.R. K.. (Attachments: # 1 Certificate of Service)(Comeau, Michelle) (Entered: 10/27/2015)
283 STATUS REPORT Defendant's Status Report; Certificate of Service by Department of Education, State of Hawai'i. (Siu, Carter) (Entered: 10/28/2015)
284 EP: Further Status Conference held on 10/29/2015. Discussion Held. Next Status Conference set for 11/12/2015 at 9:00 a.m. before Magistrate Kevin Chang. Consistent with Judge Mollways Order filed on 8/22/2014, prior to the next scheduled status conference, counsel are directed to meet in person, confer and make a final effort to do the following (1) reach agreement with regard to identifying class members interested in participating and/or receiving compensatory education services or participating in a settlement of the pending lawsuit and (2) prepare a stipulation and list of class members which reflects the agreement, if any, reached by counsel. Counsel are further directed to meet, confer and make a reasonable good faith effort to reach agreement. If counsel are unable to reach an agreement, counsel are directed to prepare and file motions regarding identification of class members by 11/16/2015. The motions should include specific detailed information with regard to (1) costs and efforts made by all counsel and/or DOE to identify class members, including but not limited to, provision of names and last-known contact information of all individuals who might have been affected by the DOEs age cut calculation, (2) the results of services provided by Ward Research and Lexis and (3) efforts made by all counsel to identify interested class members. (Court Reporter None.) (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )
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: 10/29/2015)
285 Ex Parte MOTION to Seal Document Exhibit A to Order Directing the Developmental Disabilities Division, State of Hawaii Department of Health to Release Records of Services Michelle N. Comeau appearing for Plaintiffs M. D., R. T. D., R. D., Hawaii Disability Rights Center, E.R. K. (Attachments: # 1 Declaration of Michelle N. Comeau, # 2 Proposed Order, # 3 Certificate of Service)(Comeau, Michelle) (Entered: 11/03/2015)
286 ORDER GRANTING PLAINTIFFS' EX PARTE MOTION TO FILE UNDER SEAL EXHIBIT A TO ORDER DIRECTING THE

11/09/2015
11/10/2015 11/10/2015 11/12/2015 11/16/2015 11/20/2015

DEVELOPMENTAL DISABILITIES DIVISION, STATE OF HAWAII DEPARTMENT OF HEALTH TO RELEASE RECORDS OF SERVICES re: 285 . Signed by MAGISTRATE JUDGE KEVIN S.C. CHANG on 11/9/2015. (afc)
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). Service of Order made electronically via NEF. (Entered: 11/09/2015)
287 ORDER DIRECTING THE DEVELOPMENTAL DISABILITIES DIVISION, STATE OF HAWAII DEPARTMENT OF HEALTH TO RELEASE RECORDS OF SERVICES. Signed by MAGISTRATE JUDGE KEVIN S.C. CHANG on 11/9/2015. (afc)
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). Service of Order made electronically via NEF. (Entered: 11/09/2015)
288 STATUS REPORT by M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, E.R. K.. (Attachments: # 1 Exhibit 1: Chart of Known Class Members, # 2 Certificate of Service)(Comeau, Michelle) (Entered: 11/10/2015)
289 STATUS REPORT Defendant's Status Report; Certificate of Service by Department of Education, State of Hawai'i. (Roylo, Ryan) (Entered: 11/10/2015)
290 EP: Further Status Conference held on 11/12/2015. Discussion Held. Counsel will be filing their Motions. No Further Status Conference Date was given. Counsel will be notified by the Court as to the Hearing Date of the soon to be filed Motions. (Court Reporter None.) (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )No COS issued for this docket entry (Entered: 11/12/2015)
291 EO: The Date of 11/16/2015 for Counsel to file Motions regarding Identification of Class Members has been extended to 11/30/2015. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )
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: 11/16/2015)
292 Interim MOTION for Attorney Fees Kristin L. Holland appearing for Plaintiffs M. D., R. T. D., R. D., Hawaii Disability Rights Center, E.R. K. (Attachments: # 1 Memorandum in Support of Motion, # 2 Declaration of Paul Alston, # 3 Exhibit 1: Order re Motion for Award of Compensatory Education, # 4 Exhibit 2: Opinion, # 5 Exhibit 3: Order Attorneys' Fees, #

11/30/2015 11/30/2015 11/30/2015

6 Exhibit 4: Summary of AHFI fees, # 7 Exhibit 5: AHFI fees by categories, # 8 Exhibit 6: 2014 Pacific Business News Book of Lists, # 9 Declaration of Jennifer Patricio, # 10 Declaration of Louis Erteschik, # 11 Declaration of Matthew C. Bassett, # 12 Exhibit 7: Summary of HDRC Fees, # 13 Exhibit 8: HDRC fees by categories, # 14 Certificate of Service)(Holland, Kristin) (Entered: 11/20/2015)
293 MOTION Identification of Interested Class Members Michelle N. Comeau appearing for Plaintiffs M. D., R. T. D., R. D., Hawaii Disability Rights Center, E.R. K. (Attachments: # 1 Memorandum in Support of Motion, # 2 Certificate of Word Count, # 3 Declaration of Michelle N. Comeau, # 4 Exhibit 1: Order Certifying Class, # 5 Exhibit 2: Order re Compensatory Education, # 6 Exhibit 3: Decl. of P. Alston, # 7 Exhibit 4: Decl. of Debra Farmer, # 8 Exhibit 5: Listing of Names, # 9 Exhibit 6: New class members, # 10 Exhibit 7: List of 286 names, # 11 Exhibit 8: Invoices re mailing, # 12 Exhibit 9: Email to Snow re class members, # 13 Exhibit 10: Joint Call Center Script, # 14 Exhibit 11: Ward Research invoices, # 15 Exhibit 12: Email re Ward results, # 16 Exhibit 13: Ltr to DOE re breakdown, # 17 Exhibit 14: Lexis invoice, # 18 Exhibit 15: 9/4/15 Ward invoice, # 19 Exhibit 16: Email re Ward results, # 20 Exhibit 17: Roylo email re guardian contact info, # 21 Exhibit 18: D. Farmer depo, Vol. 2, # 22 Exhibit 19: 12/4/14 Ltr to DOE, # 23 Exhibit 20: Group Assessments, # 24 Exhibit 21: Email from Halawa Correctional, # 25 Exhibit 22: Services Matrix, # 26 Exhibit 23: Email re interested class members, # 27 Exhibit 24: DOE ltr re class members, # 28 Exhibit 25: Siu ltr re underage overage, # 29 Exhibit 26: Operation Search, # 30 Exhibit 27: FAPE letters, # 31 Exhibit 28: D. Farmer depo, Vol. 1, # 32 Certificate of Service)(Comeau, Michelle) (Entered: 11/30/2015)
294 SUPPLEMENT [Declaration of Zachary M. Diionno] re 293 MOTION Identification of Interested Class Members filed by Hawaii Disability Rights Center, M. D., R. D., R. T. D., E.R. K. by M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, E.R. K. . (Attachments: # 1 Declaration of Zachary M. DiIonno, # 2 Declaration of Noreen Kanada, # 3 Declaration of B.C., # 4 Declaration of B.P., # 5 Declaration of C.N., # 6 Declaration of D.M., # 7 Declaration of D.P.K., # 8 Declaration of E.O., # 9 Declaration of I.P.K., # 10 Declaration of J.L., # 11 Declaration of J.M., # 12 Declaration of K.C., # 13 Declaration of M.Z., # 14 Declaration of N.L., # 15 Declaration of P.M., # 16 Declaration of R.B., # 17 Declaration of R.G., # 18 Declaration of S.M., # 19 Declaration of S.S., # 20 Declaration of T.M., # 21 Declaration of W.P., # 22 Certificate of Service)(Comeau, Michelle) Modified on 12/1/2015 (emt, ). (Entered: 11/30/2015)
295 Ex Parte MOTION to Seal Document 293 MOTION Identification of Interested Class Members (1) Exhibits 5, 6, 7, 19, 23, 24 and 25; and (2)

11/30/2015 12/01/2015 12/02/2015 12/02/2015 12/04/2015

Declarations of Nineteen Class Members Michelle N. Comeau appearing for Plaintiffs M. D., R. T. D., R. D., Hawaii Disability Rights Center, E.R. K. (Attachments: # 1 Declaration of Michelle N. Comeau, # 2 Proposed Order, # 3 Certificate of Service)(Comeau, Michelle) (Entered: 11/30/2015)
297 Defendant's MOTION With Regard to Efforts in Identifying Class Members - Ryan W. Roylo, Carter K. Siu, Holly T. Shikada appearing for Defendant Department of Education, State of Hawai'i (Attachments: # 1 Memorandum in Support of Motion, # 2 Declaration of Carter K. Siu, # 3 Certificate of Service, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Exhibit J, # 14 Exhibit K, # 15 Exhibit L, # 16 Exhibit M, # 17 Exhibit N, # 18 Exhibit O, # 19 Certificate of Service)(emt, ) (Entered: 12/01/2015)
296 NOTICE of Hearing on Motion 293 MOTION Identification of Interested Class Members :. Motion Hearing set for 2/1/2016 09:45 AM before JUDGE SUSAN OKI MOLLWAY. (tbf, )
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: 12/01/2015)
299 EO: Plaintiffs' Motion re: Identification of Interested Class Members 293 set for 2/1/15 @ 9:45 a.m. SOM is taken off calendar. This motion will be rescheduled before Magistrate Judge Chang. (JUDGE SUSAN OKI MOLLWAY)(tbf, )
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: 12/02/2015)
300 EO: 293 Plaintiffs' MOTION Identification of Interested Class Members and 297 Defendant's MOTION With Regards to Efforts in Identifying Class Members set for Court Hearing on 1/15/2016 at 09:45 AM before MAGISTRATE JUDGE KEVIN S.C. CHANG. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )
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: 12/02/2015)
301 STATEMENT of Consultation re 292 Interim MOTION for Attorney Fees ; Certificate of Service filed by N. B., C. B., M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., C. K., E.R. K., B. P., M. P., R. P.-K.. (Holland, Kristin) (Entered: 12/04/2015)

12/09/2015 12/18/2015 12/22/2015 12/22/2015 12/23/2015

302 EO: 293 Plaintiffs' MOTION Identification of Interested Class Members and 297 Defendant's MOTION With Regards to Efforts in Identifying Class Members set for Court Hearing on 1/15/2016 are hereby continued to 1/27/2016 at 09:30 AM before MAGISTRATE JUDGE KEVIN S.C. CHANG. Joint Request by Counsel to continue the present Court Hearing Date of 1/15/2016 is hereby Granted. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )
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: 12/09/2015)
303 MEMORANDUM in Opposition re 292 Interim MOTION for Attorney Fees Defendant's Memorandum in Opposition to Plaintiffs' Ex Parte Motion for Interim Attorneys' Fees filed November 20, 2015; Certificate of Service filed by Department of Education, State of Hawai'i. (Roylo, Ryan) (Entered: 12/18/2015)
304 ORDER GRANTING PLAINTIFFS' EX PARTE MOTION TO FILE UNDER SEAL: (1) EXHIBITS "5", "6", "7", "19", "23", "24," AND "25"; AND (2) DECLARATIONS OF NINETEEN CLASS MEMBERS, ATTACHED TO PLAINTIFFS' MOTION RE IDENTIFICATION OF INTERESTED CLASS MEMBERS, FILED 11/30/15 re 293 , 295 Signed by MAGISTRATE JUDGE KEVIN S.C. CHANG on 12/22/2015. (emt, )
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: 12/22/2015)
305 SEALED EXHIBITS: Plaintiffs' Submission of Sealed EXHIBITS "5", "6", "7", "19", "23", "24", and "25"; and Declarations of Nineteen Class Members, Attached to Plaintiffs' Motion Re Identification of Interested Class Members, filed 11/30/15; Certificate of Service re 293 - filed by Plaintiffs
SEALED pursuant to 304 Order Granting Motion to Seal
(emt, ) (Additional attachment(s) added on 12/23/2015: # 1 Exhibit 5, # 2 Exhibit 6, # 3 Exhibit 7, # 4 Exhibit 19, # 5 Exhibit 23, # 6 Exhibit 24, # 7 Exhibit 25, # 8 Declarations of Nineteen Class Members, # 9 Certificate of Service) (emt, ). (Entered: 12/22/2015)
306 Defendant's Ex Parte APPLICATION to File Exhibits "P"-"S" Under Seal to 297 Defendant's MOTION With Regards to Efforts in Identifying Class Members; ORDER Granting Defendant's Ex Parte Application to File Exhibits "P"-"S" Under Seal to Defendant's Motion With Regard to Efforts in Identifying Class Members Signed by MAGISTRATE JUDGE KEVIN S.C. CHANG on 12/22/2015. (Attachments: # 1 Declaration of Carter K. Siu, # 2 ORDER, # 3

12/23/2015 12/23/2015 12/23/2015 12/23/2015

Certificate of Service)(emt, )
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: 12/23/2015)
307 SEALED EXHIBIT: Defendant's EXHIBIT "P" (Re: 297 MOTION With Regard to Efforts in Identifying Class Members) filed by Department of Education, State of Hawai'i.
SEALED pursuant to 306 Order Granting Ex Parte Application to File Exhibits "P"-"S" Under Seal to Defendant's Motion With Regard to Efforts in Identifying Class Members
(emt, ) (emt, ). (Entered: 12/23/2015)
308 SEALED EXHIBIT: Defendant's EXHIBIT "Q" (Re: 297 MOTION With Regard to Efforts in Identifying Class Members) filed by Department of Education, State of Hawai'i.
SEALED pursuant to 306 ORDER Granting Defendant's Ex Parte Application to File Exhibits "P"-"S" Under Seal to Defendant's Motion With Regard to Efforts in Identifying Class Members
(emt, ) (emt, ). (Entered: 12/23/2015)
309 SEALED EXHIBIT: Defendant's EXHIBIT "R" (Re: 297 MOTION With Regard to Efforts in Identifying Class Members) filed by Department of Education, State of Hawai'i.
SEALED pursuant to ORDER Granting Defendant's Ex Parte Application to File Exhibits "P"-"S" Under Seal to Defendant's Motion With Regard to Efforts in Identifying Class Members
(emt, ) (Additional attachment(s) added on 12/28/2015: # 1 Pages R0101 R0200, # 2 Pages R0201 - R0300, # 3 Pages R0301 - R0424) (emt, ). (Entered: 12/23/2015)
310 SEALED EXHIBIT: Defendant's EXHIBIT "S" (Re: 297 MOTION With Regard to Efforts in Identifying Class Members) filed by Department of Education, State of Hawai'i.
SEALED pursuant to 306 ORDER Granting Defendant's Ex Parte Application to File Exhibits "P"-"S" Under Seal to Defendant's Motion With Regard to Efforts in Identifying Class Members

01/06/2016

OVERSIZED EXHIBITS RETAINED Modified on 12/28/2015 -- Exhibits are NOT imaged and are retained by the Clerk's Office. (emt, ). (Entered: 12/23/2015)
311 MEMORANDUM in Opposition re 293 MOTION Identification of Interested Class Members filed by Department of Education, State of

01/06/2016
01/07/2016 01/07/2016 01/11/2016 01/11/2016 01/13/2016

Hawai'i. (Attachments: # 1 Declaration of Carter Siu, # 2 Exhibit "A", # 3 Certificate of Service)(Siu, Carter) (Entered: 01/06/2016)
312 MEMORANDUM in Opposition re 297 MOTION With Regard to Efforts in Identifying Class Members filed by M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, E.R. K.. (Attachments: # 1 Certificate of Word Count, # 2 Declaration of Michelle N. Comeau, # 3 Exhibit 29: 11/3/15 Alston letter to DOE, # 4 Exhibit 30: 10/26/15 Siu email to Comeau re list of 400 names, # 5 Exhibit 31: 6/18/15 Siu letter and Comeau email, # 6 Exhibit 32: 9/4/15 Siu email re amount spent on assessments, # 7 Certificate of Service)(Comeau, Michelle) (Entered: 01/06/2016)
313 Errata re 311 Memorandum in Opposition to Motion, Errata as to [DOC 311] Defendant's Memorandum in Opposition to Plaintiffs' Motion re Identification of Interested CLass Members [DOC No. 293]; Declaration of Carter K.Siu; Exhibit "A"; Certificate of Service filed January 6, 2016; Certificate of Service. (Attachments: # 1 Declaration Carter K. Siu, # 2 Exhibit "A")(Siu, Carter) (Entered: 01/07/2016)
314 REPLY to Response to Motion re 292 Interim MOTION for Attorney Fees filed by M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, E.R. K.. (Attachments: # 1 Supplemental Declaration of Paul Alston, # 2 Exhibit 9: 9/25/13 Declaration of Jason H. Kim, # 3 Supplemental Declaration of Jennifer V. Patricio, # 4 Certificate of Service)(Comeau, Michelle) (Entered: 01/07/2016)
315 Errata re 297 MOTION With Regard to Efforts in Identifying Class Members Errata Re: [DOC No. 297] Defendant's Motion with Regard to Efforts in Identifying Class Members; Memorandum in Suppot of Motion; Declaration of Carter K. Siu; Exhibits "A" - "S"; Certificate of Service filed November 30, 2015; Certificate of Service. (Siu, Carter) (Entered: 01/11/2016)
316 FINDINGS AND RECOMMENDATION TO DENY WITHOUT PREJUDICE PLAINTIFFS' INTERIM MOTION FOR ATTORNEYS' FEES re 292 - Signed by MAGISTRATE JUDGE KEVIN S.C. CHANG on 1/11/2016. (emt, )
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: 01/11/2016)
317 REPLY re 312 Memorandum in Opposition to Motion,, Defendant's Reply Memorandum in Support of Motion with Regard to Efforts in Identifying

01/13/2016 01/13/2016 01/13/2016 01/13/2016 01/13/2016

Class Members [ECF No. 297]; Declaration of Debra Farmer; Certificate of Service filed by Department of Education, State of Hawai'i. (Attachments: # 1 Declaration Debra Farmer, # 2 Certificate of Service)(Siu, Carter) (Entered: 01/13/2016)
318 EO: 293 Plaintiffs' MOTION Identification of Interested Class Members and 297 Defendant's MOTION With Regard to Efforts in Identifying Class Members set for 1/27/2016 is hereby continued to 1/28/2016 at 09:30 AM before MAGISTRATE JUDGE KEVIN S.C. CHANG. This is a Court Ordered Continuance. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )
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: 01/13/2016)
319 EO: [ECF No. 318] is hereby Terminated. [ECF Nos. 293 and 297] Plaintiffs' Motion Identification of Interested Class Members and Defendant's Motion with Regards to Efforts in Identifying Class Members Court Hearing will not take place on 1/27/2016 or 1/28/2016. Counsel will be notified as to a new hearing date as to these two Motions.. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )
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: 01/13/2016)
320 REPLY to Response to Motion re 293 MOTION Identification of Interested Class Members filed by M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, E.R. K.. (Attachments: # 1 Certificate of Word Count, # 2 Declaration of W.P., # 3 Certificate of Service)(Comeau, Michelle) (Entered: 01/13/2016)
321 EO: 293 Plaintiffs' MOTION Identification of Interested Class Members and 297 Defendant's MOTION With Regard to Efforts in Identifying Class Members set for Court Hearing on 1/27/2016 at 01:30 PM before MAGISTRATE JUDGE KEVIN S.C. CHANG. Please Note-The Court Hearing on these Two Motions' was previously set for 1/27/2016 at 9:30 a.m. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )
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: 01/13/2016)
322 Ex Parte MOTION to Seal Document 320 Reply to Response to Motion, Declaration of W.P. Michelle N. Comeau appearing for Plaintiffs M. D., R. T. D., R. D., Hawaii Disability Rights Center, E.R. K. (Attachments: # 1 Declaration of Michelle N. Comeau, # 2 Proposed Order, # 3 Certificate

01/15/2016 01/15/2016 01/27/2016 01/27/2016 01/28/2016

of Service)(Comeau, Michelle) (Entered: 01/13/2016)
323 ORDER GRANTING PLAINTIFFS' EX PARTE MOTION TO FILE UNDER SEAL THE DECLARATION OF W. P. TO PLAINTIFFS' REPLY MEMORANDUM IN SUPPORT OF 293 MOTION RE IDENTIFICATION OF INTERESTED CLASS MEMBERS, FILED 11/30/15 re 322 - Signed by MAGISTRATE JUDGE KEVIN S.C. CHANG on 1/15/2016. (emt, )
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: 01/15/2016)
324 SEALED DOCUMENT: Submission of DECLARATION of W. P. to 320 Plaintiffs' Reply Memorandum in Support of 293 MOTION Re: Identification of Interested Class Members, filed 11/30/15; Certificate of Service - submitted by Plaintiffs
SEALED pursuant to 323 Order filed 1/15/2016
(emt, ) (emt, ). (Entered: 01/15/2016)
325 EO: RE: TODAY'S COURT HEARING-January 27, 2016 will take place at 1:45 p.m. before Magistrate Judge Kevin Chang and not 1:30 p.m.-Re293 Plaintiffs' MOTION Identification of Interested Class Members and 297 Defendant's MOTION With Regard to Efforts in Identifying Class Members. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )
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: 01/27/2016)
326 EP:Motions' Hearing held on 1/27/2016- Plaintiffs' Motion for Identification of Interested Class Members [ECF No. 293] and Defendant's Motion with Regards to Efforts in Identifying Class Members [ECF No. 297] Discussion Held. Plaintiffs' Counsel is to submit an Updated Exhibit 23 by 2/1/2016. Defendant's Counsel to file a reply to the Updated Exhibit 23 by 2/10/2016. The Court took this matter under submission and will issue a written order. (Court Reporter FTR-C5-1:48:19-2:34:37.) (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )No COS issued for this docket entry (Entered: 01/27/2016)
327 OBJECTION re 316 FINDINGS AND RECOMMENDATIONS re 292 Interim MOTION for Attorney Fees filed by Hawaii Disability Rights Center, M. D., R. D., R. T. D., E.R. K. filed by M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, E.R. K.. (Attachments: # 1 Declaration of Paul Alston, # 2 Declaration of Louis Erteschik, # 3 Exhibit 1 - Findings and Recommendation (316), # 4 Exhibit 2 - 4/24/15 Order re attorneys' fees, # 5 Certificate of

01/29/2016 02/01/2016 02/01/2016 02/02/2016

Service)(Comeau, Michelle) Modified on 1/29/2016 to reflect as a pending motion (emt, ). (Entered: 01/28/2016)
328 NOTICE of Hearing on Motion 327 Plaintiffs' OBJECTIONS to 316 Magistrate Judge's Findings and Recommendation to Deny Without Prejudice Plaintiffs' Interim Motion for Attorneys' Fees :. Motion Hearing set for 3/8/2016 09:00 AM before JUDGE SUSAN OKI MOLLWAY. (tbf, )
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: 01/29/2016)
329 EO: Defendant's brief relating to fees remains due 14 days from the filing of the objection notwithstanding the setting of a hearing date. No reply brief is allowed. re 327 Plaintiffs' OBJECTIONS to 316 Magistrate Judge's Findings and Recommendation to Deny Without Prejudice Plaintiffs' Interim Motion for Attorneys' Fees. (JUDGE SUSAN OKI MOLLWAY)(tbf, )
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: 02/01/2016)
330 SEALED EXHIBIT: Plaintiffs' Submission of SEALED UPDATED EXHIBIT 23 in Support of 293 Plaintiffs' MOTION Re Identification of Interested Class Members ,filed 11/30/15; Exhibit 23; Certificate of Service - filed by Plaintiffs
related documents: SEALED pursuant to 304 Order; 326 Minutes re: hearing on Plaintiffs' Motion for Identification of Interested Class Members and Defendant's Motion with Regards to Efforts inIdentifying Class Members held on 1/27/2016.
(emt, ) (emt, ). (Entered: 02/02/2016)
331 Plaintiffs' MOTION for Order (1) Holding Defendant Department of Education in Civil Contempt for Violation of the 187 Order for Award of Compensatory Education Entered on August 22, 2014, (2) Imposing Sanctions, Including Appointment of a Special Master Michelle N. Comeau appearing for Plaintiffs M. D., R. T. D., R. D., Hawaii Disability Rights Center, E.R. K. (Attachments: # 1 Memorandum in Support of Motion, # 2 Declaration of Michelle N. Comeau, # 3 Exhibit 1 Olelo broadcast, # 4 Exhibit 2 Excerpts of D. Farmer depositions, # 5 Exhibit 3 Assessment Report, # 6 Exhibit 4 9/4/15 email from C. Siu, # 7 Exhibit 5 Order re Compensatory Education, # 8 Exhibit 6 Status Reports, # 9 Exhibit 7 Rule 30(b)(6) deposition notice, # 10 Exhibit 8 Excerpts (297) DOE Motion, # 11 Exhibit 9 Excerpts (311) DOE Opposition, # 12 Exhibit 10 4/24/15 Ltr from K. Kuwabe re Assessors and Settlement, # 13 Exhibit 11 12/31/15 M. Comeau email to DOE, # 14 Exhibit 12 11/3/15 P. Alston

02/03/2016 02/03/2016 02/04/2016 02/10/2016 02/10/2016

Ltr to DOE, # 15 Exhibit 13 Undisputed List, # 16 Exhibit 14 DOE Ex. M (297-16) re Efforts, # 17 Exhibit 15 Service Matrix, # 18 Certificate of Service)(Comeau, Michelle) Modified on 2/3/2016 (emt, ). (Entered: 02/02/2016)
332 SEALED EXHIBIT: Submission of EXHIBIT A to 287 Order Directing the Developmental Disabilities Division, State of Hawaii Department of Health to Release Records of Services; Certificate of Service - by Plaintiffs
SEALED pursuant to 286 Order Granting Motion to Seal
(emt, ) (emt, ). (Entered: 02/03/2016)
333 EXHIBIT 1 (DVD -- Olelo broadcast) to 331 Plaintiffs' MOTION for Order (1) Holding Defendant Department of Education in Civil Contempt for Violation of the 187 Order for Award of Compensatory Education Entered on August 22, 2014, (2) Imposing Civil Sanctions, Including Appointment of a Special Master - filed by Plaintiffs RETAINED (emt, ) (Entered: 02/03/2016)
334 NOTICE of Hearing on Motion 331 Plaintiffs' MOTION for Order (1) Holding Defendant Department of Education in Civil Contempt for Violation of the 187 Order for Award of Compensatory Education Entered on August 22, 20. Motion Hearing date has been set for 5/3/2016 at 10:30 AM before JUDGE SUSAN OKI MOLLWAY. (tl, )
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: 02/04/2016)
335 OBJECTION re 330 Additional Exhibits,, Defendant's Objections to Amended Exhibit 23, filed Under Seal on February 1, 2016; Exhibits "T" "X"; Declaration of Carter K. Siu; Declaration of Debra Farmer; Certificate of Service filed by Department of Education, State of Hawai'i. (Attachments: # 1 Exhibit "T", # 2 Exhibit "X", # 3 Declaration Carter K. Siu, # 4 Declaration Debra Farmer, # 5 Certificate of Service)(Siu, Carter) (Entered: 02/10/2016)
336 EX PARTE Application Defendant's Ex Parte Application to File Exhibits "U" - "W" Under Seal to Defendant's Objections to Amended Exhibit 23, filed Under Seal on February 1, 2016; Declaration of Carter K. Siu; Order Granting Defendant's Ex Parte Application to File Exhibits "U" "W" Under Seal to Defendant's Objections to Amended Exhibit 23, filed Under Seal on February 1, 2016; Certifcate of Service Carter K. Siu appearing for Defendant Department of Education, State of Hawai'i (Attachments: # 1 Declaration Carter K. Siu, # 2 Main Document Order Granting Defendant's Ex Parte Application to File Exhibits "U"-"W" Under Seal to Defendant's Objections to Amended Exhibit 23, filed Under Seal on February 1, 2016, # 3 Certificate of Service)(Siu, Carter) (Entered:

02/11/2016 02/11/2016 02/11/2016
02/11/2016 02/11/2016

02/10/2016)
ADVISORY ENTRY. Please be advised that the Certificate of Service attached to 336 Defendant's Ex Parte Application to File Exhibits "U"-"W" Under Seal filed by Department of Education, State of Hawai'i reflects that service was made electronically, through CM/ECF. Because this document was filed using a docketing event from the "Ex Parte Filings" category, viewing of this Ex Parte Application is restricted to the court and filing party. The filing party may wish to file an Amended Certificate of Service. (emt, ) (Entered: 02/11/2016)
337 ORDER GRANTING DEFENDANT'S EX PARTE APPLICATION TO FILE EXHIBITS "U" - "W" UNDER SEAL TO DEFENDANT'S OBJECTIONS TO AMENDED EXHIBIT 23, FILED UNDER SEAL ON FEBRUARY 1, 2016 re 336 Signed by MAGISTRATE JUDGE KEVIN S.C. CHANG on 2/11/2016. (emt, )
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: 02/11/2016)
338 SEALED EXHIBITS: Defendant's EXHIBITS "U" - "W" to 335 Defendant's Objections to Amended Exhibit 23, filed Under Seal on February 1, 2016 filed by Department of Education, State of Hawai'i.
SEALED pursuant to 337 ORDER GRANTING DEFENDANT'S EX PARTE APPLICATION TO FILE EXHIBITS "U" - "W" UNDER SEAL TO DEFENDANT'S OBJECTIONS TO AMENDED EXHIBIT 23, FILED UNDER SEAL ON FEBRUARY 1, 2016
(emt, ) (Additional attachment(s) added on 2/11/2016: # 1 Exhibit "U", # 2 Exhibit "V", # 3 Exhibit "W) (emt, ). Modified on 2/11/2016 RETAINED: poor image quality as to Exhibits "V" and "W" (emt, ). (Entered: 02/11/2016)
339 AMENDED CERTIFICATE OF SERVICE of Counsel re [DOC No. ECF 336 ] Defendant's Ex Parte Application to File Exhibits "U" - "W" Under Seal to Defendant's Objections to Amended Exhibit 23, filed Under Seal on February 1, 2016; Declaration of Carter K. Siu; Order Granting Defendant's Ex Parte Application to File Exhibits "U" - "W" Under Seal to Defendant's Objections to Amended Exhibit 23, filed Under Seal on February 1, 2016; Certificate of Service, Filed February 10, 2016 re Advisory Entry - filed by Department of Education, State of Hawaii . (Siu, Carter) Modified on 2/12/2016 (emt, ). (Entered: 02/11/2016)
340 MEMORANDUM in Opposition re 327 Plaintiffs' OBJECTIONS to 316 Magistrate Judge's Findings and Recommendation to Deny Without Prejudice Plaintiffs' Interim Motion for Attorneys' Fees Defendant's

02/17/2016 02/18/2016
02/24/2016 02/26/2016 03/01/2016

Memorandum in Opposition to 327 Plaintiffs' Objections to Magistrate Judge's Findings and Recommendation to Deny Without Prejudice Plaintiffs' Interim Motion for Attorneys' Fees Filed January 28, 2016; Declaration of Ryan W. Roylo; Exhibit "A"; Certificate of Service filed by Department of Education, State of Hawai'i. (Attachments: # 1 Declaration Ryan W. Roylo, # 2 Exhibit "A", # 3 Certificate of Service)(Roylo, Ryan) (Entered: 02/11/2016)
341 EO: Status Conference set for 2/26/2016 at 10:00 AM before MAGISTRATE JUDGE KEVIN S.C. CHANG. This is a Court Ordered Status Conference. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )
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: 02/17/2016)
342 ORDER GRANTING IN PAR AND DENYING IN PART 1) DEFENDANT'S MOTION WITH REGARD TO EFFORTS IN IDENTIFYING CLASS MEMBERS AND 2) PLAINTIFFS' MOTION RE IDENTIFICATION OF CLASS MEMBERS re 293 , 297 Signed by MAGISTRATE JUDGE KEVIN S.C. CHANG on 2/18/2016.
"The class is hereby closed. No further efforts shall be undertaken to identify or contact potential class members. The Court orders the release of the class members' educational records to Plaintiffs' counsel."
(emt, )
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: 02/18/2016)
343 STATUS REPORT by M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, E.R. K.. (Attachments: # 1 Exhibit A - Civil Beat Article, # 2 Exhibit B - Olelo broadcast, # 3 Certificate of Service)(Comeau, Michelle) (Entered: 02/24/2016)
344 EP: Status Conference held on 2/26/2016. Discussion Held on various matters including the appointment of a Special Master. Further Status Conference set for 3/11/2016 at 10:00 a.m. before Magistrate Judge Kevin Chang. (Court Reporter None.) (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )No COS issued for this docket entry (Entered: 02/26/2016)
345 ORDER ADOPTING IN PART AND MODIFYING IN PART MAGISTRATE JUDGE ORDER DENYING REQUEST FOR INTERIM ATTORNEYS' FEES re 316 , 327 - Signed by JUDGE SUSAN OKI MOLLWAY on 3/1/2016. (emt, )
CERTIFICATE OF SERVICE

03/07/2016 03/08/2016 03/08/2016

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: 03/01/2016)
346 APPEAL OF MAGISTRATE JUDGE'S ORDER 342 Granting in Part and Denying in Part 1) Defendant's Motion With Regard to Efforts in Identifying Class Members and 2) Plaintiffs' Motion Re Identification of Class Members; or, in the Alternative, MOTION to Modify the Court's August 14, 2014 Order by M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, E.R. K. (Attachments: # 1 Certificate of Word Count, # 2 Declaration of Michelle N. Comeau, # 3 Exhibit 1 - 6/2/15 to 6/5/15 emails, # 4 Exhibit 2 - 1/22/16 Ayala email to Comeau, # 5 Exhibit 3 - 6/16/15 Comeau email to Kuwabe, # 6 Exhibit 4 11/3/15 Comeau email to Molnar, # 7 Certificate of Service)(Comeau, Michelle) Modified on 3/8/2016 (emt, ). (Entered: 03/07/2016)
347 NOTICE of Hearing on Motion 346 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, E.R. K. re 342 Order on Moti :. Motion Hearing set for 5/3/2016 10:30 AM before JUDGE SUSAN OKI MOLLWAY. (tbf, )
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: 03/08/2016)
348 EO: Although the latest appeal from a Magistrate Judge's order has been set for hearing, briefing shall proceed on the schedule for nonhearing matters. A reply brief may be filed on the nonhearing schedule set forth in this court's local rules.

03/08/2016

re 346 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, E.R. K. re 342 Order on Moti. (JUDGE SUSAN OKI MOLLWAY)(tbf, )
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: 03/08/2016)
349 EO: Further Status Conference set for 3/11/2016 is hereby continued to 4/14/2016 at 09:30 AM before MAGISTRATE JUDGE KEVIN S.C. CHANG. A Joint Request by Counsel may advance this Further Status Conference to a date sooner that 4/14/2016. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )
CERTIFICATE OF SERVICE

03/11/2016 03/16/2016 03/16/2016 03/24/2016 03/30/2016
03/31/2016
04/01/2016

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: 03/08/2016)
350 CERTIFICATE OF SERVICE by E.R. K. re Plaintiffs' Notice of Issuance of Subpoena to Produce Documents (Comeau, Michelle) (Entered: 03/11/2016)
351 Return of Service on Subpoena Department of Health was served on 03/11/2016 (Comeau, Michelle) (Entered: 03/16/2016)
352 Return of Service on Subpoena Department of Human Services was served on 03/11/2016 (Comeau, Michelle) (Entered: 03/16/2016)
353 MOTION to Quash Subpoena Candace J. Park appearing for Custodian Department of Human Service, State of Hawaii (Attachments: # 1 Memorandum Memorandum in Support of Motion to Quash Subpoena, # 2 Declaration Declaration of Candace J. Park, # 3 Certificate of Service)(Park, Candace) (Entered: 03/24/2016)
354 EO: 353 Custiodian Department of Human Service, State of Hawaii's MOTION to Quash Subpoena set for Court Hearing on 5/13/2016 at 09:30 AM before MAGISTRATE JUDGE KEVIN S.C. CHANG. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )
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: 03/30/2016)
355 REPLY re 346 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, E.R. K. re 342 Order on Moti filed by R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, E.R. K.. (Attachments: # 1 Declaration of Michelle N. Comeau, # 2 Exhibit 5 - 3/11/16 Siu Ltr, # 3 Exhibit 6 - 3/24/16 Comeau Ltr, # 4 Exhibit 7 - 3/30/16 Siu Ltr, # 5 Certificate of Service)(Comeau, Michelle) (Entered: 03/31/2016)
356 EX PARTE Motion Defendant's Ex Parte Motion to Enlarge Time to File Opposition to Plaintiffs' Appeal of Magistrate Judge's Order Granting in Part and Denying in Part 1) Defendant's Motion with Regard to Efforts in Identifying Class Members and 2) Plaintiffs' Motion re Identification of Class Members [ECF No. 342]; or in the Alternative to Modify the Court's Order; Declaration of Carter K. Siu; Exhibit "A"; Order Granting Defendant's Ex Parte Motion to File Opposition to Motion to Strike Plaintiffs' Appeal of Magistrate Judge's Order Granting in Part and Denying in Part 1) Defendant's Motion with Regard to Efforts in

04/01/2016
04/01/2016 04/11/2016 04/12/2016

Identifying Class Members and 2) Plaintiffs' Motion re Identification of Class Members [ECF o. 342] or in the Alternative to Modify the Court's Order; Certificate of Service Carter K. Siu appearing for Defendant Department of Education, State of Hawai'i (Attachments: # 1 Declaration Carter K. Siu, # 2 Exhibit "A", # 3 Main Document Order Granting Defendant's Ex Parte to File Opposition to Motion to Strike Plaintiffs' Appeal of Magistrate Judge's Order Granting in Part and Denying in Part 1) Defendant's Motion with Regard to Efforts in Identifying Class Members and 2) Plaintiffs' Motion re Identification of CLass Members [ECF No. 342]; or in the Alternative to Modify the Court's Order, # 4 Certificate of Service)(Siu, Carter) (Entered: 04/01/2016)
357 EO: On April 1, 2016, Defendant Department of Education, State of Hawaii, filed an ex parte motion to allow the late filing of an opposition to Plaintiffs' appeal of a Magistrate Judge order of February 18, 2016, explaining that Defendant's counsel had not written the correct deadline in his calendar. Defendant seeks to file the attached opposition and supporting papers later today. That request is granted. Plaintiffs may file a reply in support of their appeal no later than 9 a.m. on Monday, April 11, 2016. granting 356 Ex Parte Motion. (JUDGE SUSAN OKI MOLLWAY)(tbf, )
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: 04/01/2016)
358 MEMORANDUM in Opposition TO PLAINTIFFS' APPEAL OF MAGISTRATE JUDGE'S ORDER GRANTING IN PART AND DENYING IN PART 1) DEFENDANTS MOTION WITH REGARD TO EFFORTS IN IDENTIFYING CLASS MEMBERS AND 2) PLAINTIFFS MOTION RE IDENTIFICATION OF CLASS MEMBERS; OR IN THE ALTERNATIVE TO MODIFY THE COURTS ORDER; CERTIFICATE OF SERVICE filed by Department of Education, State of Hawai'i. (Siu, Carter) (Entered: 04/01/2016)
359 REPLY to Response to Motion re 346 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, E.R. K. re 342 Order on Moti filed by M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, E.R. K.. (Attachments: # 1 Certificate of Word Count, # 2 Certificate of Service)(Comeau, Michelle) (Entered: 04/11/2016)
360 STATUS REPORT by M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, E.R. K.. (Attachments: # 1

04/12/2016
04/13/2016 04/14/2016 04/19/2016
04/20/2016 04/22/2016

Certificate of Service)(Comeau, Michelle) (Entered: 04/12/2016)
361 MEMORANDUM in Opposition re 331 Plaintiffs' MOTION for Order (1) Holding Defendant Department of Education in Civil Contempt for Violation of the 187 Order for Award of Compensatory Education Entered on August 22, 20 Defendant's Memorandum in Opposition to 331 Plaintiffs' Motion for Order (1) Holding Defendant Department of Education in Civil Contempt for Violationof the 187 Order for Award of Compensatory Education Entered on August 22, 2014, (2) Imposing Civil Sanctions, Including Appointment of Special Master; Exhibits"A" - "G"; Certificate of Service filed by Department of Education, State of Hawai'i. (Attachments: # 1 Exhibit "A", # 2 Exhibit "B", # 3 Exhibit "C", # 4 Exhibit "D", # 5 Exhibit "E", # 6 Exhibit "F", # 7 Exhibit "G", # 8 Certificate of Service)(Siu, Carter) (Entered: 04/12/2016)
362 STATUS REPORT Defendant's Status Report; Certificate of Service by Department of Education, State of Hawai'i. (Siu, Carter) (Entered: 04/13/2016)
363 EP: Further Status Conference held on 4/14/2016. Discussion Held. Further Status Conference set for 4/27/2016 at 09:30 AM before MAGISTRATE JUDGE KEVIN S.C. CHANG. (Court Reporter None.) (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )No COS issued for this docket entry (Entered: 04/14/2016)
364 REPLY to Response to Motion re 331 Plaintiffs' MOTION for Order (1) Holding Defendant Department of Education in Civil Contempt for Violation of the 187 Order for Award of Compensatory Education Entered on August 22, 20 filed by M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, E.R. K.. (Attachments: # 1 Certificate of Word Count, # 2 Declaration of Michelle N. Comeau, # 3 Declaration of Zachary M. DiIonno, # 4 Declaration of Rebecca Ward, # 5 Exhibit 16 - Letters with Defendant, # 6 Certificate of Service)(Comeau, Michelle) (Entered: 04/19/2016)
365 Ex Parte MOTION to Seal Document Exhibit "A" to Order Directing the Developmental Disabilities Division, State of Hawaii Department of Health Services to Release Records of Services Michelle N. Comeau appearing for Plaintiffs M. D., R. T. D., R. D., Hawaii Disability Rights Center, E.R. K. (Attachments: # 1 Declaration of Michelle N. Comeau, # 2 Proposed Order, # 3 Certificate of Service)(Comeau, Michelle) (Entered: 04/20/2016)
366 Ex Parte MOTION to Seal Document Exhibit "A" to Order Directing the Division of Vocational Rehabilitation, State of Hawaii Department of Human Services, to Release Records of Services Michelle N. Comeau appearing for Plaintiffs M. D., R. T. D., R. D., Hawaii Disability Rights

04/22/2016 04/25/2016 04/26/2016 04/27/2016 04/29/2016

Center, E.R. K. (Attachments: # 1 Declaration of Michelle N. Comeau, # 2 Proposed Order, # 3 Certificate of Service)(Comeau, Michelle) (Entered: 04/22/2016)
367 MEMORANDUM in Opposition re 353 MOTION to Quash Subpoena filed by M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, E.R. K.. (Attachments: # 1 Certificate of Service)(Comeau, Michelle) (Entered: 04/22/2016)
368 STATUS REPORT by M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, E.R. K.. (Attachments: # 1 Certificate of Service)(Comeau, Michelle) (Entered: 04/25/2016)
369 STATUS REPORT Defendant's Status Report; Exhibit "A"; Certificate of Service by Department of Education, State of Hawai'i. (Attachments: # 1 Exhibit "A", # 2 Certificate of Service)(Siu, Carter) (Entered: 04/26/2016)
370 EP: Further Status Conference held on 4/27/2016. Discussion Held.Further Status Conference set for 5/10/2016 at 10:00 AM before MAGISTRATE JUDGE KEVIN S.C. CHANG. (Court Reporter None.) (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )No COS issued for this docket entry (Entered: 04/27/2016)
371 ORDER GRANTING PLAINTIFFS' EX PARTE MOTION TO FILE UNDER SEAL EXHIBIT "A" TO ORDER DIRECTING THE DEVELOPMENTAL DISABILITIES DIVISION, STATE OF HAWAII DEPARTMENT OF HEALTH TO RELEASE RECORDS OF SERVICES. Signed by MAGISTRATE JUDGE KEVIN S.C. CHANG on 4/29/2016. (afc) re: 365

04/29/2016

"Exhibit 'A' will be submitted to the Court in a sealed envelope and kept confidential."
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: 04/29/2016)
372 ORDER GRANTING PLAINTIFFS' EX PARTE MOTION TO FILE UNDER SEAL EXHIBIT "A" TO ORDER DIRECTING THE DIVISION OF VOCATIONAL REHABILITATION, STATE OF HAWAII DEPARTMENT OF HUMAN SERVICES TO RELEASE RECORDS OF SERVICES. Signed by MAGISTRATE JUDGE KEVIN S.C. CHANG on 4/29/2016. (afc) re: 366

"Exhibit 'A' will be submitted to the Court in a sealed envelope and kept

05/03/2016

confidential."
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: 04/29/2016)
373 ORDER DIRECTING THE DIVISION OF VOCATIONAL REHABILITATION, STATE OF HAWAII DEPARTMENT OF HUMAN SERVICES TO RELEASE RECORDS OF SERVICES. Signed by MAGISTRATE JUDGE KEVIN S.C. CHANG on 5/3/2016. (afc)

Excerpt of order:
"In accordance with HRS § 346-10(a)(11), the DVR [Division of Vocational Rehabilitation] shall disclose records of services relating to Class Members to the court for in camera review. The confidential records to be disclosed under this order include the records sought by the Subpoena, regarding the Class Members named in Exhibit "A." After the Court has conducted an in camera review of the records, the Court will order disclosure as it sees fit.

The list of Class Members set forth in Exhibit "A" shall be filed under seal."

05/03/2016

STAFF NOTATION: The Exhibit "A" as referenced in the instant order is filed under seal. Order granting leave to seal Exhibit "A": docket entry no. 372 .
Docket text entry modified on 5/4/2016:
SEALED Exhibit "A": docket entry no. 376 (afc).
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: 05/03/2016)
374 ORDER DIRECTING THE DEVELOPMENTAL DISABILITIES DIVISION, STATE OF HAWAII DEPARTMENT OF HEALTH TO RELEASE RECORDS OF SERVICES. Signed by MAGISTRATE JUDGE KEVIN S.C. CHANG on 5/3/2016. (afc)

Excerpt of order:
"DDD [Developmental Disabilities Division, State of Hawaii Department of Health] shall disclose PHI [protected health information] relating to Class Members to the Parties counsel and the court....
The list of Class Members set forth in Exhibit "A" shall be filed under seal."
STAFF NOTATION: The Exhibit "A" as referenced in the instant order is filed under seal. Order granting leave to seal Exhibit "A": docket entry no. 371 .
Docket text entry modified on 5/4/2016:
SEALED Exhibit "A": docket entry no. 377 (afc).
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: 05/03/2016)

05/03/2016

375 EP: Plaintiffs' MOTION for Order (1) Holding Defendant Department of Education in Civil Contempt for Violation of the 187 Order for Award of Compensatory Education Entered on August 22, 2014 331 and

Plaintiffs' Appeal of Magistrate Judge's Order Granting in Part and Denying in Part 1) Defendant's Motion With Regard to Efforts in Identifying Class Members and 2) Plaintiffs' Motion Re Identification of Class Members [ECF No. 342]; or, in the Alternative, Motion to Modify the Court's 8/14/14 Order 346 -

Arguments.

Plaintiffs' Appeal of Magistrate Judge's Order Granting in Part and Denying in Part 1) Defendant's Motion With Regard to Efforts in Identifying Class Members and 2) Plaintiffs' Motion Re Identification of Class Members [ECF No. 342]; or, in the Alternative, Motion to Modify the Court's 8/14/14 Order 346 -

Mr. Alston to contact the agencies to inquire, hypothetically, if they received an order from the Court requiring them to provide the most current addresses and phone numbers of a list of 1,000 people, how long would that take to get the information, and what would be the cost?

Mr. Alston to file a memo by 5/13/16.

Mr. Siu to review the memo.

A Telephone Conference is set for 5/18/16 @ 9:00 a.m.

Plaintiffs' MOTION for Order (1) Holding Defendant Department of Education in Civil Contempt for Violation of the 187 Order for Award of Compensatory Education Entered on August 22, 2014 331 -

This motion to be discussed further at the telephone conference.

Motion Hearing held on 5/3/2016 re 346 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, E.R. K. re 342 Order on Moti filed by Hawaii Disability Rights Center, M. D., R. D., R. T. D., E.R. K., 331 Plaintiffs' MOTION for Order (1) Holding Defendant Department of Education in Civil Contempt for Violation of the 187 Order for Award of Compensatory Education Entered on August 22, 20 filed by Hawaii Disability Rights Center, M. D., R. D., R. T. D., E.R. K.. Status Conference set for 5/18/2016 09:00 AM in Chambers of Susan Oki Mollway before JUDGE SUSAN OKI MOLLWAY. (Court Reporter Debra

05/03/2016 05/03/2016 05/05/2016 05/05/2016
05/06/2016
05/13/2016

Chun.) (JUDGE SUSAN OKI MOLLWAY)(tbf, )No COS issued for this docket entry (Entered: 05/03/2016)
376 EXHIBIT "A" to 373 the "Order Directing the Division of Vocational Rehabilitation, State of Hawaii Department of Human Services to Release Records of Services" (SEALED) (afc) (Entered: 05/04/2016)
377 EXHIBIT "A" to 374 the "Order Directing the Developmental Disabilities Division, State of Hawaii, Department of Health to Release Records of Services" (SEALED) (afc) (Entered: 05/04/2016)
378 First MOTION to WITHDRAWAL re 353 Department of Human Services, Division of Vocational Rehabilitation's MOTION to Quash Subpoena Candace J. Park appearing for Interested Party Department of Human Service, State of Hawaii (Attachments: # 1 Certificate of Service Certificate of Service)(Park, Candace) Modified on 5/6/2016 (emt, ). (Entered: 05/05/2016)
379 EO: Further Status Conference set for 5/10/2016 before Magistrate Judge Kevin Chang is continued to 6/8/2016 at 09:00 AM before MAGISTRATE JUDGE KEVIN S.C. CHANG. This is a Court Ordered Continuance. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )
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: 05/05/2016)
380 EO: Department of Human Services, Division of Vocational Rehabilitation's Motion to Quash Subpoena [ECF No. 353] set for Court Hearing on 5/13/2016 before Magistrate Judge Kevin Chang is hereby Vacated. The Withdrawal of Department Human Services, Division of Vocational Rehabilitation's Motion to Quash Subpoena [ECF No. 378] was filed on 5/5/2016. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )
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: 05/06/2016)
381 MEMORANDUM Re Agencies' Abilities to Provide Updated Contact Information for Class Members filed by M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, E.R. K., R. P.K.. (Attachments: # 1 Declaration of Zachary M. DiIonno, # 2 Exhibit "1" - DHS Tawata Memo to Patricio dated 5/12/16, # 3 Exhibit "2" - DMV Request Form, # 4 Exhibit "3" - May 9, 2016 Email to L. Wada to Z. DiIonno, # 5 Exhibit "4" - May 12, 2016 Email from M. Fujitani to Z. DiIonno, # 6 Exhibit "5" - KLB, # 7 Exhibit "6" - CM, # 8 Exhibit "7" PW, # 9 Exhibit "8" - May 9, 2016 Email from C. Siu to P. Alston, # 10

05/18/2016

Certificate of Service)(Alston, Paul) (Entered: 05/13/2016)
385 EP: Telephone Conference re: Plaintiffs' MOTION for Order (1) Holding Defendant Department of Education in Civil Contempt for Violation of the 187 Order for Award of Compensatory Education Entered on August 22, 2014 331 and

Plaintiffs' Appeal of Magistrate Judge's Order Granting in Part and Denying in Part 1) Defendant's Motion With Regard to Efforts in Identifying Class Members and 2) Plaintiffs' Motion Re Identification of Class Members [ECF No. 342]; or, in the Alternative, Motion to Modify the Court's 8/14/14 Order 346 -

Discussion held.

Mr. Siu to have the Attorney General's IT staff contact the Department of Education's IT staff, and any others, re: the ECSSS program.

This hearing to reconvene @ 3:00 p.m.

3:00 p.m. - further discussion held.

Court to prepare an order with deadlines tomorrow.

Plaintiffs' MOTION for Order (1) Holding Defendant Department of Education in Civil Contempt for Violation of the 187 Order for Award of Compensatory Education Entered on August 22, 2014 331 - Denied.

Plaintiffs' Appeal of Magistrate Judge's Order Granting in Part and Denying in Part 1) Defendant's Motion With Regard to Efforts in Identifying Class Members and 2) Plaintiffs' Motion Re Identification of Class Members [ECF No. 342]; or, in the Alternative, Motion to Modify the Court's 8/14/14 Order 346 - stayed until after the deadlines outlined in the Court's order.

Plaintiffs' request to continue to contact class members - Plaintiffs may continue to contact identified class members, or potential class members, until the deadline stated in the Courts order. People "too young to be potential class members" are not included in the class. This ruling is without prejudice to the filing of a new action.

Another telephone conference may be scheduled if clarification, etc. is needed by contacting the CRM.

denying 331 Motion ; Telephone Conference held on 5/18/2016; Motion Hearing held on 5/18/2016 re 346 APPEAL OF MAGISTRATE JUDGE

05/19/2016 05/19/2016 05/19/2016 05/19/2016

DECISION to District Court by M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, E.R. K. re 342 Order on Moti filed by Hawaii Disability Rights Center, M. D., R. D., R. T. D., E.R. K., 331 Plaintiffs' MOTION for Order (1) Holding Defendant Department of Education in Civil Contempt for Violation of the 187 Order for Award of Compensatory Education Entered on August 22, 20 filed by Hawaii Disability Rights Center, M. D., R. D., R. T. D., E.R. K.. (Court Reporter Debra Chun.) (JUDGE SUSAN OKI MOLLWAY)(tbf, )No COS issued for this docket entry (Entered: 05/19/2016)
382 EO: Status Conference set for 9/26/2016 at 09:00 AM in Aha Kanawai before MAGISTRATE JUDGE KEVIN S.C. CHANG. This is a Joint Status Conference with Judge Mollway and Judge Chang in attendance. This is a Court Ordered Status Conference. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )
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: 05/19/2016)
383 NOTICE of Hearing: A Status Conference set for 9/26/2016 09:00 AM in Aha Kanawai before JUDGE SUSAN OKI MOLLWAY and MAGISTRATE JUDGE KEVIN CHANG.(tbf, )
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: 05/19/2016)
384 EO: Further Status Conference set for 6/8/2016 before Magistrate Judge Kevin Chang is hereby vacated. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )
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: 05/19/2016)
386 ORDER REGARDING IDENTIFICATION OF CLASS MEMBERS re 346 - Signed by JUDGE SUSAN OKI MOLLWAY on 5/19/2016.
" No later than September 19, 2016, Plaintiffs shall file under seal a list of all individuals that Plaintiffs have determined are included in the class. After September 19, 2016, individuals may not be added to the class, although individuals may subsequently be dropped from the class, either at their request or upon a successful challenge by the DOE to the individuals' inclusion in the class." "Having addressed some of the issues raised by the pending appeal from the Magistrate Judge's order of February 18, 2016, the court views the remaining issues that are the subject of the appeal as likely to be rendered moot by this order. This court terminates the appeal but will reinstate it at Plaintiffs' request if, after September 19, 2016, Plaintiffs believe unresolved issues raised by the appeal must be addressed by the trial judge."
(emt, )

05/20/2016 05/20/2016
05/27/2016 05/27/2016

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: 05/19/2016)
387 EO: The court is amending its order of May 19, 2016. The amendments are to Paragraph 3(a) to correct regulation references; to Paragraph 4 to allow the parties to agree that certain directory information need not be provided if unnecessary for purposes of reaching class members or difficult to provide in screenshots; and to Paragraph 5 to eliminate the need to enclose the order with the FERPA notice (and to adjust the text of the FERPA notice accordingly). An amended order will be filed today. The court is not amending any deadline included in the order. re 386 Order on Appeal of Magistrate Judge Decision to District Court,,,,,. (JUDGE SUSAN OKI MOLLWAY)(tbf, )
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: 05/20/2016)
388 AMENDED ORDER REGARDING IDENTIFICATION OF CLASS MEMBERS re 346 , 386 , 387 Signed by JUDGE SUSAN OKI MOLLWAY on 5/20/2016.
"No later than September 19, 2016, Plaintiffs shall file under seal a list of all individuals that Plaintiffs have determined are included in the class. After September 19, 2016, individuals may not be added to the class, although individuals may subsequently be dropped from the class, either at their request or upon a successful challenge by the DOE to the individuals' inclusion in the class." "Having addressed some of the issues raised by the pending appeal from the Magistrate Judge's order of February 18, 2016, the court views the remaining issues that are the subject of the appeal as likely to be rendered moot by this order. This court terminates the appeal but will reinstate it at Plaintiffs' request if, after September 19, 2016, Plaintiffs believe unresolved issues raised by the appeal must be addressed by the trial judge."
(emt, )
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: 05/20/2016)
389 (NOTICE) Plaintiffs' Selected Public Offices, Pursuant to 388 Amended Order Regarding Identification of Class Members, filed 5/20/2016 by R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., M. D., Hawaii Disability Rights Center, E.R. K. (Attachments: # 1 Certificate of Service)(Comeau, Michelle) Modified on 5/31/2016 to clarify docket text to correlate to caption. (emt, ) (Entered: 05/27/2016)
390 EO: Because this court has set a schedule requiring the parties to take actions not requiring court involvement until after September 19, 2016, this court administratively closes this case until September 19, 2016. As of that date, the case will be automatically reopened. However, any party may

06/06/2016 06/07/2016 06/13/2016 06/13/2016
06/13/2016

seek court involvement before September 19, 2016, by submitting either a motion setting forth the specific involvement requested or, if appropriate, a letter explaining the circumstances. No motion to reopen the case will be required in that event, and the case will be automatically reopened upon such submission so that the court can address the request. In addition, either the district judge or the magistrate judge may initiate any proceeding in this case at any time, in which event the case will automatically be reopened even if that occurs before September 19, 2016.. (JUDGE SUSAN OKI MOLLWAY)(tbf, )
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: 05/27/2016)
391 NOTICE NOTICE OF FIRM NAME CHANGE AND CHANGE OF ADDRESS FOR ATTORNEY JASON H. KIM by C. K., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), N. B., C. B., R. D., M. D., B. P., Hawaii Disability Rights Center, R. P.-K., E.R. K., M. P. (Kim, Jason) Modified on 6/7/2016 (emt, ). (Entered: 06/06/2016)
392 Ex Parte MOTION to Seal Document Exhibit "A" to Order Directing the Med-Quest Division, State of Hawaii Department of Human Services to Release Records Michelle N. Comeau appearing for Plaintiffs M. D., R. T. D., R. D., Hawaii Disability Rights Center, E.R. K. (Attachments: # 1 Declaration of Michelle N. Comeau, # 2 Proposed Order, # 3 Certificate of Service)(Comeau, Michelle) (Entered: 06/07/2016)
393 Letter addressed to Judge Susan Oki Mollway from Michelle N. Comeau, Esq., dated June 7, 2016 Re: Request for reopening of this case for the purposes of entering an order, "specifically addressing the directory information to be provided to Plaintiffs by the Med-QUEST Division, State of Hawaii Department of Human Services ("MQD"). (emt, ) (Entered: 06/13/2016)
394 ORDER GRANTING PLAINTIFFS' EX PARTE MOTION TO FILE UNDER SEAL EXHIBIT "A" TO ORDER DIRECTING THE MEDQUEST DIVISION, STATE OF HAWAII DEPARTMENT OF HUMAN SERVICES TO RELEASE RECORDS re 392 - Signed by JUDGE SUSAN OKI MOLLWAY on 6/13/2016. (emt, )
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: 06/13/2016)
395 (PROPOSED) ORDER DIRECTING THE MED-QUEST DIVISION, STATE OF HAWAII DEPARTMENT OF HUMAN SERVICES TO

06/13/2016
06/29/2016 06/29/2016

RELEASE RECORDS re 394 - Signed by JUDGE SUSAN OKI MOLLWAY on 6/13/2016. (emt, )
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: 06/13/2016)
396 SEALED EXHIBIT : Submission of EXHIBIT "A" to 395 Order Directing the MED-QUEST Division , State of Hawaii Department of Health to Release Records of Services; Certificate of Service -filed by Plaintiffs.
SEALED pursuant to 394 Order.
(emt, ) (emt, ). Modified on 6/13/2016 to correct docket text (emt, ). (Additional attachment(s) added on 6/13/2016: # 1 Main Document) (emt, ). (Entered: 06/13/2016)
397 Letter addressed to Judge Susan Oki Mollway from Michelle N. Comeau, Esq., dated June 28, 2016 Re: Request for immediate status conference. (emt, ) (Entered: 06/29/2016)
398 EO: On June 28, 2016, this court received a letter from Plaintiffs' counsel complaining that Defendants had not complied with their obligation to provide contact information available in the eCSSS system. No later than 10 a.m. on Thursday, June 30, 2016, Defendants are required to submit a letter responding to Plaintiffs' letter. The court will have a telephone conference at 4:00 p.m. on Friday, July 1, 2016, to discuss Plaintiffs' concerns. The court will initiate this telephone conference.

07/01/2016 07/01/2016

re 397 Letter. Telephone Conference set for 7/1/2016 04:00 PM in Chambers of Susan Oki Mollway before JUDGE SUSAN OKI MOLLWAY. (JUDGE SUSAN OKI MOLLWAY)(tbf, )
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: 06/29/2016)
399 Letter addressed to Judge Susan Oki Mollway from Carter K. Siu, Deputy Attorney General, dated June 30, 2016 Re: Response to Plaintiffs' letter, dated June 28, 2016 regarding production of additional contact information contained in eCSSS, ECF No. 397 . (emt, ) (Entered: 07/01/2016)
400 EP: Telephone Conference held.

Discussion held re: letters submitted to the Court.

Court orders Defendants to provide Plaintiffs with the materials containing contact information available in the eCSSS system no later than noon on 7/8/2016. (Court Reporter Debra Chun.) (JUDGE SUSAN OKI

07/05/2016
07/07/2016 08/11/2016 08/12/2016

MOLLWAY)(shm, )
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: 07/01/2016)
401 EO: To ensure that the conference scheduled for September will be productive, this court directs that, no later than July 11, 2016, Plaintiffs provide Defendant with a list of all class members already identified by Plaintiffs. Defendant shall review that list and, no later than August 19, 2016, shall provide Plaintiffs and this court with Defendant's written proposal for providing compensatory services to all members properly included in the class as of July 11, 2016. If Defendant is of the opinion that anyone included on the list is not properly included in the class, whether because the individual sustained no injury or for some other reason, Defendant must provide a written explanation as to why each such individual should be excluded from the class. The court anticipates that exclusions will be the exception, not the norm. Thus, Defendant should not expect that it will be able to exclude a substantial number of individuals from the class. With respect to everyone Defendant agrees is properly included in the class, Defendant must address what compensatory services are proposed and how Defendant proposes to provide the services. The proposal may be adjusted following discussion with the court and review of the final list of class members, but the court's intent is to use the proposal as a concrete basis for discussion in September.. (JUDGE SUSAN OKI MOLLWAY)(tbf, )
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: 07/05/2016)
402 EO: Status Conference set for 9/2616 @ 9:00 a.m. is continued to 9/27/2016 09:00 AM before JUDGE SUSAN OKI MOLLWAY. (JUDGE SUSAN OKI MOLLWAY)(tbf, )
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: 07/07/2016)
403 NOTICE by Hawaii Disability Rights Center Notice of Withdrawal of Plaintiff's Co-Counsel Jennifer V. Patricio; Certificate of Service Hawaii Disability Rights Center. (Patricio, Jennifer) (Entered: 08/11/2016)
404 EO: The Status Conference set for 9/27/16 @ 9:00 a.m. is rescheduled to 9/26/2016 09:45 AM in Courtroom 7 before JUDGE SUSAN OKI MOLLWAY AND MAGISTRATE JUDGE CHANG. (JUDGE SUSAN OKI MOLLWAY)(tbf, )
CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address

08/22/2016 08/25/2016
08/25/2016 08/26/2016 08/26/2016 08/29/2016

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: 08/12/2016)
405 Letter addressed to Paul Alston, Esq. from Ryan W. Roylo and Holly T. Shikada, Deputy Attorneys General, dated August 18, 2016 Re: Response to Minute Order, ECF No. 401. (emt, ) (Additional attachment(s) added on 8/22/2016 (ATTACHMENT TO LETTER SEALED): # 1 Objections and Explanation to Certain Individuals Listed by Plaintiffs on July 11, 2016) (emt, ). Modified on 8/22/2016 (emt, ). (Entered: 08/22/2016)
406 Letter addressed to Judge Susan Oki Mollway from Paul Alston, Esq. and Michelle N. Comeau, Esq., dated August 25, 2016 Re: Request for a status conference regarding the DOE's August 18, 2016 letter, ECF No. 405 . (Attachments: # 1 Attachment A) (emt, ) (Additional attachment(s) added on 8/25/2016 (ATTACHMENT RE: OBJECTIONS IS SEALED) : # 2 Objections and Explanation to Certain Individuals Listed by Plaintiffs on July 11, 2016) (emt, ). Modified on 8/25/2016 (emt, ). (Entered: 08/25/2016)
407 NOTICE of Appearance by Paul R. Mow on behalf of Department of Education, State of Hawai'i on behalf of Department of Education, State of Hawai'i. (Attachments: # 1 Certificate of Service)(Mow, Paul) (Entered: 08/25/2016)
408 NOTICE of Hearing: A Telephone Conference is set for 8/29/2016 09:00 AM before JUDGE SUSAN OKI MOLLWAY. Parties notified.(tbf, )
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: 08/26/2016)
409 NOTICE of Appearance by Kevin M. Richardson on behalf of Department of Education, State of Hawai'i on behalf of Department of Education, State of Hawai'i. (Attachments: # 1 Certificate of Service)(Richardson, Kevin) (Entered: 08/26/2016)
410 EP: Telephone Conference held on 8/29/2016. DOE is directed to have a brainstorming session prior to the 9/26/2016 Status Conference regarding the types of services that might be appropriate for the class, and also to project the class need and makeup. Plaintiffs' Counsel will transmit to Defendants Counsel a copy of a proposal for 5 groups or "buckets" members of the class might be placed in. DOE to examine the last known education records of the 400 or so class members and determine what the bucket each individual should be placed in. DOEs assessment to the Court is due 9/20/2016. (Court Reporter Debra Chun) (JUDGE SUSAN OKI MOLLWAY)(wnn, )

08/30/2016 08/31/2016 09/19/2016 09/19/2016
09/22/2016 09/26/2016

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: 08/29/2016)
411 Letter addressed to Judge Susan Oki Mollway from Ryan W. Roylo and Holly T. Shikada, Deputy Attorneys General, dated August 26, 2016 Re: Response to Plaintiffs' counsel's August 25, 2016 Letter. (emt, ) (Entered: 08/30/2016)
412 REQUEST removal of attorney for Department of Human Services by Department of Human Service, State of Hawaii. (Park, Candace) (Entered: 08/31/2016)
413 STATUS REPORT Defendant's Status Report; Certificate of Service by Department of Education, State of Hawai'i. (Attachments: # 1 Certificate of Service)(Roylo, Ryan) (Entered: 09/19/2016)
414 SEALED DOCUMENT: Submission of Plaintiffs' List of Class Members Pursuant to 388 Amended Order Regarding Identification of Class Members, Filed 5/20/16; Certificate of Service - by Plaintiffs.
SEALED pursuant to 388 Order
(emt, ) (emt, ). (Entered: 09/19/2016)
415 STATUS REPORT by M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, E.R. K.. (Attachments: # 1 Certificate of Service)(Comeau, Michelle) (Entered: 09/22/2016)
416 EP: Status Conference -

Counsel to file any objections to the names of the class by 10/7/16.

Plaintiffs counsel to talk amongst themselves, and to meet with Magistrate Judge Chang in a couple of days. Counsel excused at 10:19 a.m.

Being the trial Judge, Judge Mollway excused herself from this hearing.

Discussion held between Magistrate Judge Chang and defense counsel.

Counsel to talk amongst themselves, and to contact chambers to schedule a meeting with Magistrate Judge Chang next week.

09/26/2016

Status Conference held on 9/26/2016. (Court Reporter C7F.) (JUDGE SUSAN OKI MOLLWAY, MAGISTRATE JUDGE CHANG)(tbf, )No COS issued for this docket entry (Entered: 09/26/2016)
417 CORRESPONDENCE: Department of the Attorney General for the State

09/28/2016 10/11/2016 10/11/2016 10/13/2016 10/18/2016 11/01/2016

of Hawaii submission of report of categories and list of services available to special education students.
[LETTER dated September 20, 2016 with enclosures from Deputy Attorneys General Ryan W. Roylo and Holly T. Shikada addressed to U.S. District Judge Susan Oki Mollway. ]
VIEWING RESTRICTED. (afc) (Entered: 09/26/2016)
418 LETTER confirming that Plaintiffs have provided the DOE with a listing of the birth dates of the newly found class members. Reference to Status
Conference held 9/26/2016; minutes: 416 . [Letter dated 9/28/2016 jointly addressed to U.S. District Judge Susan Oki Mollway and U.S. Magistrate Judge Kevin S.C. Chang from Michelle N. Comeau, Esq. on behalf of
plaintiffs] (afc) (Entered: 09/29/2016)
419 EO: No later than the close of business on Thursday, October 13, 2016, Plaintiffs are asked to respond by letter to the court to the DOE's objections to class members. (JUDGE SUSAN OKI MOLLWAY)(tbf, )
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: 10/11/2016)
420 Letter addressed to Paul Alston, Esq. from Ryan W. Roylo and Holly T. Shikada, Deputy Attorneys General, dated October 7, 2016 Re: Department of Education's objections to Plaintiffs' September 19, 2016 proposed class list. SEALED -- Viewing of this document is accessible to the Court and counsel of record. (emt, ) (emt, ). (Entered: 10/11/2016)
421 STATUS REPORT Plaintiffs' Response to 420 Defendant Department of Education's Objections to Plaintiffs' Proposed Class List by M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, E.R. K.. (Attachments: # 1 Certificate of Service)(Comeau, Michelle) (Entered: 10/13/2016)
422 ORDER DETERMINING CLASS - Signed by JUDGE SUSAN OKI MOLLWAY on 10/18/2016. (emt, )
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: 10/18/2016)
423 EO: Status Conference has been set for 11/8/2016 at 9:30 AM before MAGISTRATE JUDGE KEVIN S.C. CHANG. Counsel should be prepared to discuss and inform the Court regarding the status of those matters which Judge Mollway directed counsel to meet and confer on at pages 3, 4 and 5 of the Order Determining Class filed on Ocotber 18,

11/01/2016 11/01/2016
11/08/2016
11/09/2016 11/15/2016

2015. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(tl, )
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: 11/01/2016)
424 MOTION Defendant's Motion for Clarification; Certificate of Service Ryan W. Roylo appearing for Defendant Department of Education, State of Hawai'i (Attachments: # 1 Main Document)(Roylo, Ryan) (Entered: 11/01/2016)
425 EO: On November 1, 2016, Defendant Department of Education, State of Hawaii, filed a Motion for Clarification of this court's order of October 18, 2016. ECF No. 424. The court here states that all individuals who are "too young," with the exception of those already included in the class by the Magistrate Judge, are excluded from the class. Also excluded from the class are all individuals who "exited after Act 107 was repealed" or "aged out at 22" (assuming that the individuals were not denied services under Act 107 before age 22). terminating 424 Motion. (JUDGE SUSAN OKI MOLLWAY)(tbf, )
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: 11/01/2016)
426 EP: Status Conference Discussion held re: the class. Mr. Roylo to give the list to Ms. Comeau tomorrow. Parties to get the framework for the process up to the master level. Mr. Alston to prepare the order for the educational records after the final class list is submitted. A Continued Status Conference is set for 11/22/16 @ 9:30 a.m. Status Conference held on 11/8/2016. Status Conference set for 11/22/2016 09:30 AM in Courtroom 7 before MAGISTRATE JUDGE KEVIN S.C. CHANG. (Court Reporter No Record.) (MAGISTRATE JUDGE KEVIN S.C. CHANG)(tbf, )No COS issued for this docket entry (Entered: 11/08/2016)
427 EO: Status Conference set for 11/22/2016 @ 9:30 a.m. is moved to 2:15 p.m. the same day before MAGISTRATE JUDGE KEVIN S.C. CHANG. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(tyk)
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: 11/09/2016)
428 ORDER DIRECTING DEFENDANT DEPARTMENT OF EDUCATION TO RELEASE RECORDS Signed by MAGISTRATE JUDGE KEVIN S.C. CHANG on 11/14/2016.

11/17/2016 11/22/2016 12/02/2016 12/02/2016
12/05/2016 12/27/2016

"The list of Class Members set forth in Exhibit "A" shall be filed under seal. The Plaintiffs shall not use or disclose the Educational Records for any other purpose other than the instant matter. The Plaintiffs shall return to DOE or destroy the Educational Records, including all copies made, at the end of the litigation or proceeding."
(emt, )
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 (Additional attachment(s) added on 11/15/2016: # 1 Exhibit "A" (SEALED) ) (emt, ).
Modified on 11/15/2016 -- Viewing of Exhibit "A" is restricted to the Court and counsel
of record. (emt, ) (Entered: 11/15/2016)
429 STATUS REPORT Defendant's Status Report; Certificate of Service by Department of Education, State of Hawai'i. (Attachments: # 1 Certificate of Service)(Roylo, Ryan) (Entered: 11/17/2016)
430 EP: Status Conference held on 11/22/2016. Discussion Held.Further Status Conference set for 12/5/2016 at 9:30 a.m. before Magistrate Judge Kevin Chang. (Court Reporter None.) (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )No COS issued for this docket entry (Entered: 11/23/2016)
431 STATUS REPORT Defendant's Status Report; Certificate of Service by Department of Education, State of Hawai'i. (Attachments: # 1 Certificate of Service)(Roylo, Ryan) (Entered: 12/02/2016)
432 EO: Status Conference set for Monday, 12/5/2016 at 9:30 a.m. before Magistrate Judge Kevin Chang. Per Judge Chang's Directive-Defense counsel should be prepared to discuss the status of production of Department of Education records regarding class members and plaintiff's counsel should be prepared to discuss the time period necessary for the completion of a questionnaire and consent form by class members with regard to current status and services currently being provided by private persons or agencies and/or governmental entities to individual class members. If Counsel will need a continuance of the Status Conference Date of 12/5/2016 to better address Judge Changs Directive call Leslie Sai, Courtroom Manager to obtain a continuance. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )
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: 12/02/2016)
433 EP: Status Conference held on 12/5/2016.Discussion Held. Further Status Conference set for 1/12/2017 at 9:00 a.m. before Magistrate Judge Kevin Chang. (Court Reporter None.) (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )No COS issued for this docket entry (Entered: 12/05/2016)
434 Status Conference set for 1/12/2017 is hereby moved to 09:00 AM on 1/11/2017 in Courtroom 7 before MAGISTRATE JUDGE KEVIN S.C.

01/06/2017 01/11/2017 01/20/2017 01/20/2017 01/20/2017 01/26/2017 02/06/2017 02/06/2017
02/09/2017

CHANG. Judge Chang is not available on 1/12/2017 for Court Hearings. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )
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: 12/27/2016)
435 STATUS REPORT by Department of Education, State of Hawai'i. (Attachments: # 1 Exhibit A, # 2 Certificate of Service)(Roylo, Ryan) (Entered: 01/06/2017)
436 EP:Status Conference held on 1/11/2017. Discusion Held. Further Status Conference set for 1/26/2017 at 09:30 AM in Courtroom 7 before MAGISTRATE JUDGE KEVIN S.C. CHANG. (Court Reporter None.) (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )No COS issued for this docket entry (Entered: 01/11/2017)
437 NOTICE of Appearance by Patricia L. Cookson on behalf of E.R. K. on behalf of E.R. K.. (Cookson, Patricia) (Entered: 01/20/2017)
438 STATUS REPORT Defendant's Status Report; Certificate of Service by Department of Education, State of Hawai'i. (Attachments: # 1 Certificate of Service)(Roylo, Ryan) (Entered: 01/20/2017)
439 STATUS REPORT by M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), Hawaii Disability Rights Center, E.R. K.. (Attachments: # 1 Certificate of Service)(Comeau, Michelle) (Entered: 01/20/2017)
440 EP:Further Status Conference held on 1/26/2017. Discussion Held. Further Status Conference set for 2/9/2017 at 9:30 a.m. before Magistrate Judge Kevin Chang.(Court Reporter None.) (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )No COS issued for this docket entry (Entered: 01/26/2017)
441 STATUS REPORT Defendant's by Department of Education, State of Hawai'i. (Attachments: # 1 Certificate of Service)(Roylo, Ryan) (Entered: 02/06/2017)
442 EO: Further Status Conference set for 2/9/2017 at 09:00 AM in Courtroom 7 before MAGISTRATE JUDGE KEVIN S.C. CHANG. Further Status Conference was previously set for 2/9/2017 at 9:30 a.m. before Magistrate Judge Kevin Chang. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )
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: 02/06/2017)
443 EP: Further Status Conference held on 2/9/2017. Discussion Held.Further Status Conference set for 2/23/2017 at 9:15 a.m. before Magistrate Judge

02/23/2017 03/03/2017 03/09/2017 03/16/2017
03/24/2017 03/29/2017

Kevin Chang. (Court Reporter None.) (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )No COS issued for this docket entry (Entered: 02/09/2017)
444 EP: Further Status Conference held on 2/23/2017. Discussion Held. Further Status Conference set for 3/9/2017 at 09:30 AM before MAGISTRATE JUDGE KEVIN S.C. CHANG. (Court Reporter None.) (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )No COS issued for this docket entry (Entered: 02/24/2017)
445 STATUS REPORT DEFENDANT'S by Department of Education, State of Hawai'i. (Attachments: # 1 Certificate of Service)(Roylo, Ryan) (Entered: 03/03/2017)
446 EP: Further Status Conference held on 3/9/2017. Discussion Held. Further Status Conference set for 3/23/2017 at 09:30 AM in Courtroom 7 before MAGISTRATE JUDGE KEVIN S.C. CHANG. (Court Reporter None.) (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )No COS issued for this docket entry (Entered: 03/09/2017)
447 EO: Further Status Conference set for 3/23/2017 is hereby continued to 3/29/2017 at 09:00 AM in Courtroom 7 before MAGISTRATE JUDGE KEVIN S.C. CHANG. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )
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: 03/16/2017)
448 STATUS REPORT Defendant's Status Report; Certificate of Service by Department of Education, State of Hawai'i. (Attachments: # 1 Certificate of Service)(Roylo, Ryan) (Entered: 03/24/2017)
449 EP: Further Status Conference held.

Discussion Held.

Further Status Conference set for 4/12/2017 at 9:30 a.m. before Magistrate Judge Kevin Chang.

(Court Reporter none.) (MAGISTRATE JUDGE KEVIN S.C. CHANG)(shm)

04/10/2017

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)
450 NOTICE of Appearance by Zachary M. Diionno on behalf of M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a

04/11/2017 04/12/2017 04/17/2017
04/17/2017 04/20/2017
04/28/2017 05/05/2017

class of those similarly situated,), R. D., Hawaii Disability Rights Center, E.R. K. on behalf of M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, E.R. K.. (Attachments: # 1 Certificate of Service)(Diionno, Zachary) (Entered: 04/10/2017)
451 STATUS REPORT by M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, E.R. K.. (Attachments: # 1 Certificate of Service)(Comeau, Michelle) (Entered: 04/11/2017)
452 EP:Further Status Conference held on 4/12/2017.Discussion Held. Further Status Conference set for 4/26/2017 at 9:00 a.m. before Magistrate Judge Kevin Chang. (Court Reporter None.) (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )No COS issued for this docket entry (Entered: 04/12/2017)
453 EO: Status Conference set for 4/17/2017 at 02:45 PM in Courtroom 7 before MAGISTRATE JUDGE KEVIN S.C. CHANG. All Counsel to participate telephonically. Counsel are to provide Leslie Sai, Courtroom Manager (541-3089) a Telephone Number that they may be called at. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )
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: 04/17/2017)
454 EP:Status Conference Re-Interview Process held on 4/17/2017. All Counsel participated telephonically. Discussion Held. (Court Reporter None.) (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )No COS issued for this docket entry (Entered: 04/17/2017)
455 EO: Status Conference set for 4/26/2017 is hereby moved to 5/5/2017 at 10:00 AM in Courtroom 7 before MAGISTRATE JUDGE KEVIN S.C. CHANG. Defendants Counsel Request to continue the Status Conference set for 4/26/2017 is hereby Granted. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )
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: 04/20/2017)
456 STATUS REPORT by Department of Education, State of Hawai'i. (Attachments: # 1 Certificate of Service)(Roylo, Ryan) (Entered: 04/28/2017)
457 EP:Further Status Conference held on 5/5/2017. Discussion Held. Further Status Conference set for 5/23/2017 at 11:00 AM in Courtroom 7 before MAGISTRATE JUDGE KEVIN S.C. CHANG. (Court Reporter None.) (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )No COS issued for this docket

05/10/2017 05/17/2017 05/18/2017 05/26/2017 06/21/2017 06/22/2017
06/23/2017

entry (Entered: 05/05/2017)
458 EO: Status Conference set for 5/18/2017 at 01:30 PM in Courtroom 7 before MAGISTRATE JUDGE KEVIN S.C. CHANG. This is a Court Ordered Status Conference. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )
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: 05/10/2017)
459 STATUS REPORT by Department of Education, State of Hawai'i. (Attachments: # 1 Certificate of Service)(Roylo, Ryan) (Entered: 05/17/2017)
460 EP: Further Status Conference held on 5/18/2017. Discussion Held. Further Status Conference set for 5/23/2017 at 11:00 a.m. before Magistrate Judge Kevin Chang is hereby continued to 5/26/2017 at 8:30 a.m. before Magistrate Judge Kevin Chang. (Court Reporter None.) (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )No COS issued for this docket entry (Entered: 05/18/2017)
461 EP:Status Conference held on 5/26/2017. Discussion Held as to the Settlement Offer. No Further Status Conference set at this time. Counsel to notify the Court when a Settlement Conference should be set before Magistrate Judge Kevin Chang. (Court Reporter None.) (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )No COS issued for this docket entry (Entered: 05/26/2017)
462 EO: Further Settlement/Status Conference set for 6/23/2017 at 10:00 AM in Chambers of Magistrate Judge Kevin S.C. Chang before MAGISTRATE JUDGE KEVIN S.C. CHANG. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )
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: 06/21/2017)
463 EO: Settlement Conference/Status Conference set for 6/23/2017 at 10:30 AM in Chambers of Magistrate Judge Kevin S.C. Chang before MAGISTRATE JUDGE KEVIN S.C. CHANG. The Settlement Conference/Status Conference was previously set for 6/23/2017 at 10:00 a.m. before Magistrate Judge Kevin Chang. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )
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: 06/22/2017)
464 EP: Settlement Conference held on 6/23/2017.Discussion Held. Counsel

06/29/2017 07/21/2017 07/26/2017 08/28/2017
08/29/2017 09/06/2017

confirm existence of a Settlement in principal. Counsel to prepare Settlement Agreement, Joint Motion and other necessary documents as to the Settlement. Court will set a Status Conference Re Settlement Documents for 6/29/2017 at 10:00a.m. before Magistrate Judge Kevin Chang. All Counsel to participate Telephonically. Counsel are to provide a telephone number that they may be called at to Leslie Sai, Courtroom Manager (Court Reporter None.) (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )No COS issued for this docket entry (Entered: 06/23/2017)
465 EP: Status Conference-Re-Settlement Documents held on 6/29/2017. All Counsel participated telephonically. Discussion Held. (Court Reporter None.) (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )No COS issued for this docket entry (Entered: 06/29/2017)
466 EO: A Status Conference has been set for 7/26/2017 at 9:30 AM before MAGISTRATE JUDGE KEVIN S.C. CHANG. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(tl, )
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: 07/21/2017)
467 EP: Status Conference Re-Settlement Documents held on 7/26/2017. Discussion Held. Court will be contacting Representative Sylvia Luke to set up a meeting. (Court Reporter None.) (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )No COS issued for this docket entry (Entered: 07/26/2017)
468 EO: Status Conference set for 8/29/2017 at 09:15 AM in Courtroom 7 before MAGISTRATE JUDGE KEVIN S.C. CHANG. This is a Court Ordered Status Conference. All Counsel to participate Telephonically. Counsel are to provide a Telephone Number to Leslie Sai, Courtroom Manager (808) 541-3089 that they may be called at. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )
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: 08/28/2017)
469 EP: Status Conference held on 8/29/2017. All Counsel participated telephonically. Discussion Held. Further Status Conference set for 9/6/2017 at 12:45p.m. before Magistrate Judge Kevin Chang. All Counsel to participate telephonically (Court Reporter None.) (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )No COS issued for this docket entry (Entered: 08/29/2017)
470 EP: Further Status Conference held on 9/6/2017. All Counsel participated telephonically. Discussion Held. Judge Chang to have a Meeting with the Attorney General State of Hawaii-Doug Chin set for 9/7/2017. (Court Reporter None.) (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )No

10/03/2017 10/12/2017 10/12/2017 10/16/2017 11/02/2017 11/02/2017

COS issued for this docket entry (Entered: 09/06/2017)
471 NOTICE by M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, E.R. K. of Withdrawal of Zachary M. DiIonno as Counsel for Plaintiffs M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, E.R. K.. (Attachments: # 1 Certificate of Service)(Comeau, Michelle) (Entered: 10/03/2017)
472 EO: A Status Conference is set for 10/16/2017 09:30 AM in Courtroom 7 before MAGISTRATE JUDGE KEVIN S.C. CHANG. Parties notified. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(tbf, )
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: 10/12/2017)
473 NOTICE by M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, E.R. K. of Withdrawal of Michelle N. Comeau as Counsel M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, E.R. K.. (Attachments: # 1 Certificate of Service)(Comeau, Michelle) (Entered: 10/12/2017)
474 EP: Status Conference Discussion held re: the status of the settlement agreement. Parties to continue to work on the settlement agreement and try to get the settlement administrator by the end of the month. Status Conference held on 10/16/2017. (Court Reporter No Record.) (MAGISTRATE JUDGE KEVIN S.C. CHANG)(tbf, )No COS issued for this docket entry (Entered: 10/16/2017)
475 EO: A Status Conference is set for 11/8/2017 09:30 AM in Courtroom 7 before MAGISTRATE JUDGE KEVIN S.C. CHANG. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(tbf, )
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: 11/02/2017)
476 NOTICE of Appearance by Meredith G. Miller on behalf of N. B., C. B., M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, C. K., E.R. K., B. P., M. P., R. P.-K. on behalf of N. B., C. B., M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, C. K., E.R. K., B. P., M. P., R. P.-K.. (Attachments: # 1

11/08/2017 11/29/2017 12/01/2017
12/05/2017 12/07/2017 12/08/2017

Certificate of Service)(Miller, Meredith) (Entered: 11/02/2017)
477 EP: Status conference held.Documents to be submitted to the court by 11/22/2017. (Court Reporter C7-No record.) (MAGISTRATE JUDGE KEVIN S.C. CHANG)(tl, )No COS issued for this docket entry (Entered: 11/08/2017)
478 EO: A Status Conference is set for 12/1/2017 09:00 AM in Courtroom 7 before MAGISTRATE JUDGE KEVIN S.C. CHANG. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(tbf, )
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: 11/29/2017)
479 EP: Status Conference held on 12/1/2017. Discussion held. Submission of joint motion to approve settlement due on Monday, December 4, 2017. No further date set. (Court Reporter C7 - No Record) (MAGISTRATE JUDGE KEVIN S.C. CHANG)(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: 12/01/2017)
480 MOTION for Settlement Stipulated Motion for Approval of Settlement for Class Members Paul Alston appearing for Plaintiffs M. D., R. T. D., R. D., Hawaii Disability Rights Center, E.R. K., R. P.-K. (Attachments: # 1 Memorandum, # 2 Declaration of Paul Alston, # 3 Exhibit "A" - Release Compromise and Settlement Agreement, # 4 Exhibit "B" - Proposed Order Approving Settlement for Class Members, # 5 Certificate of Service)(Alston, Paul) (Entered: 12/05/2017)
481 Ex Parte MOTION to Seal Document 480 MOTION for Settlement Stipulated Motion for Approval of Settlement for Class Members Ex Parte Motion to File Under Seal Exhibit "1" Paul Alston appearing for Plaintiffs M. D., R. T. D., R. D., Hawaii Disability Rights Center, E.R. K. (Attachments: # 1 Declaration of Paul Alston, # 2 Certificate of Service)(Alston, Paul) (Entered: 12/07/2017)
482 ORDER Approving Settlement For Class Members 480 ."The Court will retain jurisdiction over this matter to assure the effective and timely implementation of the Settlement Agreement and to resolve any disputes between the parties and/or between the Settlement Administrator and any of the parties with respect to the meaning, effect and proper implementation of the Settlement Agreement." Signed by JUDGE SUSAN OKI MOLLWAY on 12/8/17. (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: 12/08/2017)

12/11/2017 12/14/2017
12/14/2017 12/15/2017 12/15/2017 12/15/2017 12/18/2017

483 EO: A Status Conference is set for 12/18/2017 09:00 AM in Courtroom 7 before MAGISTRATE JUDGE KEVIN S.C. CHANG. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(tbf, )
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: 12/11/2017)
484 ORDER granting Plaintiffs' Ex Parte MOTION to File Under Seal Exhibit "1" In Support of 480 Stipulated Motion For Approval of Settlement For Class Members. Signed by JUDGE SUSAN OKI MOLLWAY on 12/14/17. (apg, dist)
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: 12/14/2017)
487 Sealed Exhibit 1 re: 480 Motion For Settlement - Stipulated Motion for Approval of Settlement for Class Members filed by N. B., M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, C. K., E.R. K., M. P. (cib, ) (Entered: 12/15/2017)
485 Letter addressed to Honorable Susan Oki Mollway from Ryan W. Roylo, Esq dated 12/12/17 re: Settlement Agreement. (cib, ) (Entered: 12/15/2017)
486 Letter from Joni Gross, Secretary To Honorable Susan Oki Mollway dated on 12/13/17 to Mr. Ryan W. Roylo, Deputy Attorneys General re: Executed settlement agreement dated December 11, 2017. (Attachments: # 1 Executed Settlement Agreement ) (cib, ) (Entered: 12/15/2017)
488 Sealed Submission Of Plaintiffs' Confidential Exhibit "1" In Support Of Stipulated Motion For Approval Of Settlement For Class Members [480> filed by N. B., M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, C. K., E.R. K., M. P.. (cib, ) (Entered: 12/15/2017)
489 EP: Status Conference held on 12/18/2017.

Discussion held.(Court Reporter no reporter.) (MAGISTRATE JUDGE KEVIN S.C. CHANG)(shm)

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: 12/18/2017)

12/20/2017 12/22/2017
12/22/2017 12/27/2017

490 Clerk's Receipt: $ 8,750,000.00 receipt number HI022910 re 482 Order on Motion for Settlement. (cib, ) (Entered: 12/21/2017)
491 EO: Pursuant to the settlement agreement, the Clerk of Court is directed to issue a check for attorneys' fees and costs in the amount of $1.5 million to Alston Hunt Floyd & Ing. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(chang1)
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: 12/22/2017)
492 EO: The $1.5 million disbursement referenced in Doc. No. 491 shall include GET, for a total of $1,570,650.00. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(chang1)
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: 12/22/2017)
493 ORDER Appointing Settlement Administrator.

01/12/2018 01/18/2018 02/02/2018

"James M. Duffy, Jr. is HEREBY SELECTED and APPOINTED to serve as settlement administrator in this action. IT IS SO ORDERED." Signed by MAGISTRATE JUDGE KEVIN S.C. CHANG on 12/27/17. (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: 12/27/2017)
494 EO: A Status Conference is set for 1/18/2018 09:15 AM in Courtroom 7 before MAGISTRATE JUDGE KEVIN S.C. CHANG. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(tbf, )
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: 01/12/2018)
495 EP: : Status Conference Discussion held in chambers. Mr. Alston to prepare proposed orders regarding the Settlement Administrator for review and approval. Status Conference held on 1/18/2018. (Court Reporter No Record.) (MAGISTRATE JUDGE KEVIN S.C. CHANG)(tbf, )No COS issued for this docket entry (Entered: 01/18/2018)
496 EO: Given the Release, Compromise, and Settlement Agreement, ECF No. 480-3, which states that ''the parties to the Lawsuit desire to settle, terminate, and discharge all claims that were or could have been asserted in the Lawsuit,'' that ''the parties do hereby forever release any and all

02/06/2018 02/07/2018 02/09/2018

claims against the HIDOE as specified in the Lawsuit,'' and that ''this Agreement is entered into as a complete resolution and compromise of the Claims,'' this court intends to dismiss the claims asserted in the case and close the case on or after February 8, 2018. Any party who objects to the dismissal of the claims must file written objections with the court no later than noon on Wednesday, February 7, 2018. If no timely written objection is filed, the court will deem the parties to have agreed to the dismissal of the claims pursuant to the Release, Compromise, and Settlement Agreement. Unless a party objects to the dismissal of the claims, the party need not respond to this minute order. The court, recognizes, of course, that the settlement agreement contemplates continuing activities that could conceivably lead to further disputes, but such disputes would be founded on the agreement rather than on the claims that were settled. (JUDGE SUSAN OKI MOLLWAY)(tl, )
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: 02/02/2018)
497 OBJECTION re 496 DEFENDANTS STATEMENT OF OBJECTION TO THE PROPOSED ORDER REGARDING DISMISSAL OF THE CLAIMS AND CLOSING OF THE CASE [ECF 496] ISSUED ON FEBRUARY 2, 2018; CERTIFICATE OF SERVICE filed by Department of Education, State of Hawai'i. (Attachments: # 1 Certificate of Service)(Roylo, Ryan) (Entered: 02/06/2018)
498 OBJECTION re 496 Plaintiffs' Objection to Dismissal of Claims and Case Closure Submitted in Response to the Court's February 2, 2018 Electronic Order [DKT No. 496]; Certificate of Service filed by M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), Hawaii Disability Rights Center, E.R. K.. (Attachments: # 1 Certificate of Service)(Alston, Paul) (Entered: 02/07/2018)
499 EO: Given the outstanding funding of $1,500,000.00, this court will refrain from closing this case until the payment of those funds is made. Once payment of those funds is made, this court is inclined to enter an order dismissing the claims asserted in this case (not just administratively closing the case), while recognizing that, under the the Release, Compromise, and Settlement Agreement, ECF No. 480-3, this court will retain jurisdiction over enforcement of that agreement even after the underlying claims have been disposed of. (JUDGE SUSAN OKI MOLLWAY)(tl, )
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: 02/09/2018)

05/16/2018
05/18/2018 05/18/2018 05/18/2018 05/22/2018 06/26/2018
06/29/2018

500 EO: The court has received a proposed order seeking authorization to distribute the balance in the registry account to a Bank of Hawaii account. Before approving the proposed order, the court requests the state inform the court of its position with respect to the proposed order no later than noon on Friday, May 18, 2018. Unless the court receives an objection by the same deadline from any party or the settlement administrator, the court intends to delete the following from the proposed order: "The parties, having moved the Court for the distribution of the settlement funds pursuant to LR 58.1, and the Court, having considered the Motion, being of the opinion that the Motion should be granted." This deletion would reflect the absence of a motion. (JUDGE SUSAN OKI MOLLWAY)(cib, ) (Entered: 05/16/2018)
501 STATEMENT of No Position DEFENDANTS STATEMENT OF NO POSITION TO PLAINTIFFS UNOPPOSED ORDER REGARDING DISTRIBUTION OF FUNDS TO TRUST ACCOUNT PURSUANT TO SETTLEMENT FILED ON MAY 14, 2018; CERTIFICATE OF SERVICE filed by Department of Education, State of Hawai'i. (Attachments: # 1 Certificate of Service)(Roylo, Ryan) (Entered: 05/18/2018)
502 SEALED Unopposed Order Regarding Distribution Of Funds to Trust Account Pursuant to Settlement re: 482 . Signed by JUDGE SUSAN OKI MOLLWAY on 5/18/2018. (cib, ) (Entered: 05/18/2018)
503 Redacted Unopposed ORDER Regarding Distribution Of Funds To Trust Account Pursuant To Settlement 482 . Signed by JUDGE SUSAN OKI MOLLWAY on 5/18/2018. (cib, ) (Entered: 05/18/2018)
504 EO: The Court's Order Appointing Settlement Administrator 493 should read "James E. Duffy, Jr." instead of "James M. Duffy, Jr." and is hereby amended accordingly. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(chang1) (Entered: 05/22/2018)
505 NOTICE of Appearance by Janna W Ahu on behalf of N. B., C. B., M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, C. K., E.R. K., B. P., M. P., R. P.-K. on behalf of N. B., C. B., M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, C. K., E.R. K., B. P., M. P., R. P.-K.. (Attachments: # 1 Certificate of Service)(Ahu, Janna) (Entered: 06/26/2018)
506 STATUS REPORT Settlement Administrator's Status Report Regarding Class Action Settlement; Certificate of Service by James E. Duffy, Jr. (Attachments: # 1 Certificate of Service)(Miller, Meredith) Modified on 7/2/2018 - page 5 is missing. Document was resubmitted on 6/29/18 507 (cib, ). (Entered: 06/29/2018)

06/29/2018 07/16/2018 10/31/2018
11/08/2018 11/09/2018 11/21/2018

507 STATUS REPORT Settlement Administrator's Status Report Regarding Class Action Settlement; Certificate of Service by James E. Duffy, Jr. (Attachments: # 1 Certificate of Service)(Miller, Meredith) (Entered: 06/29/2018)
508 NOTICE by M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, E.R. K., R. P.-K. Notice of Change of Contact and Firm Affiliation for Counsel for Plaintiffs; Certificate of Service M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, E.R. K., R. P.-K.. (Attachments: # 1 Certificate of Service)(Holland, Kristin) (Entered: 07/16/2018)
509 Application For Interim Attorneys' Fees; Declaration of Meredith G. Miller; Exhibits "1" & "2"; Certificate of Service re 482 Order on Motion for Settlement,,, 480 MOTION for Settlement Stipulated Motion for Approval of Settlement for Class Members Plaintiffs' Application for Interim Attorneys' Fees; Declaration of Meredith G. Miller; Exhibits "1" & "2"; Certificate of Service. Filed by Plaintiffs (Attachments: # 1 Declaration of Meredith G. Miller, # 2 Exhibit "1"-Itemization of AHFI's time by date, # 3 Exhibit "2"-Copy of Pacific Business News 2014 Book of Lists, # 4 Certificate of Service)(Miller, Meredith) Modified on 11/1/2018 to add filer to docket text (cib, ). Modified on 11/1/2018 to correct EVENT to MOTION FOR ATTORNEY FEES(cib, ). Modified on 11/1/2018 to term Motion. This documents is an APPLICATION in place of a MOTION (cib, ). (Entered: 10/31/2018)
510 ORDER Granting Plaintiffs' Application For Interim Attorneys' Fees, Filed October 31, 2018 re 509 . Signed by MAGISTRATE JUDGE KEVIN S.C. CHANG on 11/8/2018. (cib, ) (Entered: 11/08/2018)
511 MOTION Clarification re 510 Order DEFENDANTS MOTION FOR CLARIFICATION REGARDING ORDER GRANTING PLAINTIFFS' APPLICATION FOR INTERIM ATTORNEYS' FEES FILED NOVEMBER 8, 2018 [ECF 510]; CERTIFICATE OF SERVICE Ryan W. Roylo appearing for Defendant Department of Education, State of Hawai'i (Attachments: # 1 Certificate of Service)(Roylo, Ryan) (Entered: 11/09/2018)
512 MEMORANDUM in Opposition re 511 MOTION Clarification re 510 Order DEFENDANTS MOTION FOR CLARIFICATION REGARDING ORDER GRANTING PLAINTIFFS' APPLICATION FOR INTERIM ATTORNEYS' FEES FILED NOVEMBER 8, 2018 [ECF 510]; CERTIFICATE OF SERVICE filed by M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, E.R. K., R. P.-K..

12/05/2018 12/07/2018
12/11/2018 12/21/2018 05/06/2019

(Attachments: # 1 Declaration of Meredith G. Miller, # 2 Exhibit "1" Itemization of AHFI's time by date describing fees, # 3 Exhibit "2" Copy of Pacific Business News 2014 Book of Lists, # 4 Certificate of Service)(Miller, Meredith) (Entered: 11/21/2018)
513 REPLY re 512 Memorandum in Opposition to Motion,, DEFENDANTS REPLY TO PLAINTIFFS MEMORANDUM IN OPPOSITION TO DEFENDANTS MOTION FOR CLARIFICATION REGARDING ORDER GRANTING PLAINTIFFS' APPLICATION FOR INTERIM ATTORNEYS' FEES FILED NOVEMBER 8, 2018 [ECF 510] FILED ON NOVEMBER 21, 2018 filed by Department of Education, State of Hawai'i. (Attachments: # 1 Certificate of Service)(Roylo, Ryan) (Entered: 12/05/2018)
514 ORDER Granting In Part Defendant's Motion For Clarification Regarding Order Granting Plaintiffs' Application For Interim Attorneys' Fees re 511 . "Based on the foregoing, the Court grants the Motion in part and clarifies that the Order Approving Settlement for Class Members did not set the hourly rates for the attorneys and paralegals in the Application. To the extent that Defendant seeks review for hourly rates for attorneys and paralegals, that matter should be directed to the Settlement Administrator. In the event, the Settlement Administrator requests or would like assistance, if any, determining reasonable hourly rates for attorneys and paralegals, he may consult with or seek the advice from the Court. Accordingly, Defendant's Motion for Clarification Regarding Order Granting Plaintiffs' Application for Interim Attorneys Fees is GRANTED IN PART." Signed by MAGISTRATE JUDGE KEVIN S.C. CHANG on 12/7/2018. (cib, ) (Entered: 12/07/2018)
515 EO: In light of the settlement of this case, this case is administratively closed while the Settlement Administrator addresses disbursements and any objections thereto. This case may be reopened at any time upon the request of any party. No later than 90 days from the date of this order, and thereafter on a semi-annual basis, Plaintiffs are required to submit a letter to Judge Mollway detailing the status of the case/settlement and describing when Plaintiffs believe the case will be fully resolved. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(tbf, ) (Entered: 12/11/2018)
516 STATUS REPORT Settlement Administrator's Status Report Regarding Class Action Settlement; Exhibit "A"; Certificate of Service by James E. Duffy, Jr. (Attachments: # 1 Exhibit "A", # 2 Certificate of Service)(Miller, Meredith) (Entered: 12/21/2018)
518 EO: Given the Release, Compromise, and Settlement Agreement, ECF No. 480-3, which states that "the parties to the Lawsuit desire to settle, terminate, and discharge all claims that were or could have been asserted

in the Lawsuit," that "the parties do hereby forever release any and all claims against the HIDOE as specified in the Lawsuit," and that "this Agreement is entered into as a complete resolution and compromise of the Claims," this court had earlier proposed dismissing the claims asserted in this case. See ECF No. 496. At that time, the parties objected to the dismissal of this action because there was an unfunded obligation. See ECF Nos. 497-98. The court therefore refrained from closing this case. See ECF No. 499. In December 2018, the court administratively closed this case while the Settlement Administrator addressed disbursements and objections thereto. See ECF No. 515. Given the funding of all obligations, the court now proposes dismissing the claims asserted in the case and to close the case on or after May 15, 2019. The dismissal of the claims would give this case the finality lacking with a mere administrative closing of the case file. Any party who objects to the dismissal of the claims must file written objections with the court no later than noon on Monday, May 13, 2019. If no timely written objection is filed, the court will deem the parties to have agreed to the dismissal of the claims pursuant to the Release, Compromise, and Settlement Agreement. Unless a party objects to the dismissal of the claims, the party need not respond to this minute order. The court recognizes, of course, that the Settlement Agreement contemplates continuing activities that could conceivably lead to further disputes, but this court will maintain jurisdiction over such claims, which would be founded on the settlement terms rather than on the claims stated in any pleading.

05/10/2019 05/16/2019

The court proposes entering an Order of Dismissal that states, "Pursuant to the Release, Compromise, and Settlement Agreement, ECF No. 480-3, all claims asserted in this matter are dismissed with prejudice, and the Clerk of Court is directed to close this case. The dismissal of this case does not affect the tasks being performed by the Settlement Administrator, the filing of periodic status reports, or any of the other terms of the Settlement Agreement. The court retains jurisdiction over any dispute arising out of the Settlement Agreement." (JUDGE SUSAN OKI MOLLWAY)(tl, ) (Entered: 05/06/2019)
519 OBJECTION re 518 Link,Plaintiff Class's Written Objections to the Court's May 6, 2019 Electronic Minute Order filed by M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, E.R. K., R. P.-K.. (Miller, Meredith) (Entered: 05/10/2019)
520 ORDER OF DISMISSAL.The court retains jurisdiction over all aspects of the Settlement Agreement, including the continued administration of the settlement, any proposed modifications to the Settlement Agreement, and any dispute arising out of theSettlement Agreement. Signed by JUDGE SUSAN OKI MOLLWAY on 5/16/2019.

06/28/2019 06/28/2019 07/02/2019
07/03/2019 07/05/2019

(cib) (Entered: 05/16/2019)
521 STATUS REPORT Settlement Administrator's Status Report Regarding Class Action Settlement; Exhibit "A"; Certificate of Service by James E. Duffy, Jr. (Attachments: # 1 Exhibit "A" - Accounting ledger, # 2 Certificate of Service)(Miller, Meredith) (Entered: 06/28/2019)
522 Letter addressed to Judge Susan Oki Mollway from Paul Alston, Esq., dated June 28, 2019 re: Class Counsel's Report to the Court Detailing Status of Settlement. (cib) (Entered: 06/28/2019)
523 WITHDRAWN- SEE ECF NO. 548 MOTION for Settlement Motion Regarding Implementation of the Settlement Agreement; Memorandum in Support of Motion; Proposed Amended Appendix "A"; Declaration of James E. Duffy, Jr.; Declaration of Meredith G. Miller; Declaration of Michele Sisiam; Exhibit "1"; Declaration of Jennifer La`a; Exhibit "A"; Certificate of Service Meredith G. Miller appearing for Plaintiffs M. D., R. T. D., R. D., Hawaii Disability Rights Center, E.R. K., R. P.-K. (Attachments: # 1 Memorandum in Support of Motion, # 2 Appendix Proposed Amended Appendix "A", # 3 Declaration of James E. Duffy, Jr., # 4 Declaration of Meredith G. Miller, # 5 Declaration of Michele Sisiam, # 6 Exhibit "1", # 7 Declaration of Jennifer La`a, # 8 Exhibit "A", # 9 Certificate of Service)(Miller, Meredith) Modified on 12/10/2019 to term motion re 548 notice of withdrawal(cib). (Entered: 07/02/2019)
524 NOTICE of Case Reassignment; Case reassigned to MAGISTRATE JUDGE ROM TRADER for all further proceedings. JUDGE KEVIN S.C. CHANG no longer assigned to case Please reflect Civil case number CV 10-00436-SOM-RT on all further pleadings. (apg, ) (Entered: 07/03/2019)
525 NOTICE of Hearing on Motion 523 Motion Regarding Implementation of the Settlement Agreement:

Motion Hearing is SET for 8/8/2019 at 9:30 AM in Courtroom 5 before MAGISTRATE JUDGE ROM TRADER.

07/05/2019

(shm) (Entered: 07/05/2019)
526 EO: Hearing on 523 Motion Regarding Implementation of the Settlement Agreement set for 8/8/2019 at 9:30 AM is CONTINUED to 9/5/2019 at 9:30 AM in Courtroom 5 before MAGISTRATE JUDGE ROM TRADER.

07/12/2019

(MAGISTRATE JUDGE ROM TRADER)(shm) (Entered: 07/05/2019)
527 EO: The Court schedules a Status Conference for 7/29/19 at 10:00 a.m. before Magistrate Judge Rom Trader. The parties should be prepared to

07/29/2019

discuss matters relating to implementation of the settlement agreement. (MAGISTRATE JUDGE ROM TRADER)(tl, ) (Entered: 07/12/2019)
528 EP: STATUS CONFERENCE held.

Discussion held.

Justice Duffy and Ms. Miller provides the Court with a status.

Further Status Conference is set for August 28, 2019 at 10:30 a.m. before Magistrate Judge Rom Trader. Counsel Paul Alston request to participate via telephone at this conference. Request is granted. Mr. Alston to contact Magistrate Judge Rom Trader's Courtroom Manager, Toni Fujinaga at (808) 541-1297 prior to the hearing, to provide the best contact number at which he can be reached at the time of this hearing.

08/15/2019
08/22/2019
08/28/2019 08/30/2019

(C5 - No Record 10:00 - 11:09.) (MAGISTRATE JUDGE ROM TRADER)(bbb) (Entered: 07/29/2019)
529 MEMORANDUM re 523 MOTION for Settlement Motion Regarding Implementation of the Settlement Agreement; Memorandum in Support of Motion; Proposed Amended Appendix "A"; Declaration of James E. Duffy, Jr.; Declaration of Meredith G. Miller; Declaration of Miche DEFENDANTS MEMORANDUM IN RESPONSE TO PLAINTIFFS MOTION REGARDING IMPLEMENTATION OF THE SETTLEMENT AGREEMENT FILED JULY 2, 2019; EXHIBIT A; CERTIFICATE OF SERVICE filed by Department of Education, State of Hawai'i. (Attachments: # 1 Exhibit A, # 2 Certificate of Service)(Roylo, Ryan) (Entered: 08/15/2019)
530 REPLY re 523 MOTION for Settlement Motion Regarding Implementation of the Settlement Agreement; Memorandum in Support of Motion; Proposed Amended Appendix "A"; Declaration of James E. Duffy, Jr.; Declaration of Meredith G. Miller; Declaration of Miche Plaintiffs' Reply in Support of 523 Motion Regarding Implementation of the Settlement Agreement; Declaration of Meredith G. Miller filed by M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, E.R. K., R. P.-K.. (Attachments: # 1 Declaration of Meredith G. Miller)(Miller, Meredith) (Entered: 08/22/2019)
531 EP: Status Conference Discussion had re: status of the settlement agreement. Status Conference held on 8/28/2019. (Court Reporter No Record.) (MAGISTRATE JUDGE ROM TRADER)(tbf, ) (Entered: 08/28/2019)
532 MOTION for Attorney Fees Plaintiff Class's Application for Interim

09/05/2019
09/13/2019 10/03/2019 10/10/2019

Attorneys' Fees; Declaration of Meredith G. Miller; Exhibit "1" re ECF No. 486-1 [Release, Compromise, and Settlement Agreement] Meredith G. Miller appearing for Plaintiffs M. D., R. T. D., R. D., Hawaii Disability Rights Center, E.R. K., R. P.-K. (Attachments: # 1 Declaration of Meredith G. Miller, # 2 Exhibit Itemization of Dentons' time by date describing incurred fees)(Miller, Meredith) (Entered: 08/30/2019)
533 EP: Plaintiffs' Motion Regarding Implementation of the Settlement Agreement 523 Class Counsel Ms. Miller, Ms. Holland and Mr. Erteschik for Plaintiffs. Settlement Administator James Duffy present. Mr. Roylo present for Defendant Department of Education, State of Hawaii. Ms. Takezawa present on behalf of non-party Easter Seals Hawaii. Discussion had. Court schedules a Status Conference and further hearing on the motion for 10/10/19 at 9:30. The parties are directed to meet and confer in good faith in an attempt to reach consensus on the proposed modifications. The parties shall file a joint status report by 10/3/19. 523 MOTION for Settlement Motion Regarding Implementation of the Settlement Agreement; Motion Hearing is set for 10/10/2019 09:30 AM in Courtroom 5 before MAGISTRATE JUDGE ROM TRADER. Status Conference is set for 10/10/2019 09:30 AM in Courtroom 5 before MAGISTRATE JUDGE ROM TRADER. (FTR-Ctrm FTR C5 9:36 - 10:24.) (MAGISTRATE JUDGE ROM TRADER)(tbf, ) (Entered: 09/05/2019)
534 NOTICE by M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, E.R. K., R. P.-K. Notice of Withdrawal of Chrystn K.A. Eads as Counsel for Plaintiff Class M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, E.R. K., R. P.K.. (Miller, Meredith) (Entered: 09/13/2019)
535 STATUS REPORT PARTIES JOINT STATUS REPORT; CERTIFICATE OF SERVICE by Department of Education, State of Hawai'i. (Roylo, Ryan) (Entered: 10/03/2019)
536 EP: : Further Hearing on Plaintiffs' Motion Regarding Implementation of the Settlement Agreement 523 and Status Conference Settlement Administer Justice James E. Duffy, Jr. present. Discussion had. Parties indicated that they will meet and confer on 10/21/19. A Further Status Conference is set for 11/6/19 @ 9:00 a.m. Further Hearing on Plaintiffs' Motion Regarding Implementation of the Settlement Agreement is continued to 11/6/19 @ 9:00 a.m. Parties to submit a joint update by 11/1/19.

11/01/2019 11/06/2019
11/07/2019 11/19/2019 11/20/2019

523 MOTION for Settlement Motion Regarding Implementation of the Settlement Agreement; Status Conference is set for 11/6/2019 09:00 AM in Courtroom 5 before MAGISTRATE JUDGE ROM TRADER. Motion Hearing is set for 11/6/2019 09:00 AM in Courtroom 5 before MAGISTRATE JUDGE ROM TRADER. (FTR-Ctrm FTR C5 (9:27 9:53).) (MAGISTRATE JUDGE ROM TRADER)(tbf, ) (Entered: 10/10/2019)
537 STATUS REPORT Joint Status Report by Department of Education, State of Hawai'i. (Roylo, Ryan) (Entered: 11/01/2019)
538 EP: Status Conference and Further Hearing on Plaintiffs' Motion Regarding Implementation of the Settlement Agreement 523 Settlement Administer Justice James E. Duffy, Jr. present. Discussion had. Status Conference and Further Hearing on Plaintiffs' Motion Regarding Implementation of the Settlement Agreement 523 are continued to 12/3/19 @ 9:30 a.m. before Magistrate Judge Trader. Parties to provide another joint status report by 11/29/19. To the extent the Court may reach out for further separate discussions with counsel, counsel have no objection. 523 MOTION for Settlement Motion Regarding Implementation of the Settlement Agreement; Memorandum in Support of Motion; Proposed Amended Appendix "A"; Declaration of James E. Duffy, Jr.; Declaration of Meredith G. Miller; Declaration of Miche, Status Conference held on 11/6/2019, Motion Hearing held on 11/6/2019. Status Conference is set for 12/3/2019 09:30 AM in Courtroom 5 before MAGISTRATE JUDGE ROM TRADER. Motion Hearing is set for 12/3/2019 09:30 AM in Courtroom 5 before MAGISTRATE JUDGE ROM TRADER. (FTR-Ctrm FTR C5 (9:01 9:43).) (MAGISTRATE JUDGE ROM TRADER)(tbf, ) (Entered: 11/06/2019)
539 EO: Pursuant to Mr. Roylo's request, a Status Conference with Defense Counsel Only is set for 11/19/2019 01:30 PM in Chambers of Magistrate Judge Rom Trader before MAGISTRATE JUDGE ROM TRADER. (MAGISTRATE JUDGE ROM TRADER)(tbf, ) (Entered: 11/07/2019)
540 EP: Status Conference with Defense Counsel Only held 11/19/19 at 1:30 p.m. Holly Shikada, Ryan Roylo and Kevin Richardson present for Defendant Department of Education, State of Hawaii. Discussions had. (Court Reporter No Record.) (MAGISTRATE JUDGE ROM TRADER)(tbf, ) (Entered: 11/20/2019)
541 EO: Pursuant to Class Counsel's request, a Status Conference With Class Counsel Only is set for 12/2/2019 10:00 AM in Courtroom 5 before

11/21/2019 11/26/2019 11/29/2019 12/02/2019
12/03/2019

MAGISTRATE JUDGE ROM TRADER. (MAGISTRATE JUDGE ROM TRADER)(tbf, ) (Entered: 11/20/2019)
542 Letter dated November 19, 2019 to Magistrate Judge Rom Trader from Meredith G. Miller re: Status Conference with Class Counsel (jo) (Entered: 11/21/2019)
543 FINDINGS AND RECOMMENDATION TO DENY WITHOUT PREJUDICE PLAINTIFF CLASS'S APPLICATION FOR INTERIM ATTORNEYS' FEES re 532 - Signed by MAGISTRATE JUDGE ROM TRADER on 11/26/2019. (jo) (Entered: 11/26/2019)
544 STATUS REPORT PARTIES JOINT STATUS REPORT; CERTIFICATE OF SERVICE by Department of Education, State of Hawai'i. (Roylo, Ryan) (Entered: 11/29/2019)
545 EP: Status Conference with Class Counsel only held on 12/2/19 at 10:00 a.m. Meredith Miller, Kristin Holland, Janna Ahu, Erika Amatore and Louis Erteschik present for Plaintiffs. Discussion had. (Court Reporter No Record.) (MAGISTRATE JUDGE ROM TRADER)(tbf, ) (Entered: 12/02/2019)
546 EP: Status Conference and further hearing on Motion Regarding Implementation of the Settlement Agreement (ECF 523) held on 12/3/19 at 9:26 a.m.

Meredith Miller and Erika Amatore present for Plaintiffs. Ryan Roylo and Kevin Richardson present for Defendant. Settlement Administrator James Duffy present.

Discussion had. Class counsel to provide court with formal proposal by no later than 12/11/19. Court to schedule separate conference with Defendant to discuss proposal. Settlement Administrator will be permitted to participate.

Class counsel to notify court and counsel by no later than 12/11/19 as to whether they intend to withdraw without prejudice the pending Motion Regarding Implementation of the Settlement Agreement (ECF 523), subject to refiling.

Counsel permitted to contact the Court directly with regard to settlement discussions. Motion Hearing held on 12/3/2019 re 523 MOTION for Settlement Motion Regarding Implementation of the Settlement Agreement; Memorandum in

12/04/2019 12/09/2019 12/10/2019
12/16/2019

Support of Motion; Proposed Amended Appendix "A"; Declaration of James E. Duffy, Jr.; Declaration of Meredith G. Miller; Declaration of Miche filed by Hawaii Disability Rights Center, R. P.-K., M. D., R. D., R. T. D., E.R. K., Status Conference held on 12/3/2019. (FTR-Ctrm FTR C5 (9:26 - 9:59).) (MAGISTRATE JUDGE ROM TRADER)(tbf, ) (Entered: 12/03/2019)
547 NOTICE of Appearance by Erika L. T. Amatore on behalf of M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), Hawaii Disability Rights Center, E.R. K., R. P.-K. (Amatore, Erika) (Entered: 12/04/2019)
548 NOTICE of Withdrawal of 523 Motion by Janna W Ahu on behalf of M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), Hawaii Disability Rights Center, E.R. K., R. P.-K.. (Ahu, Janna) (Entered: 12/09/2019)
549 OBJECTION re 543 FINDINGS AND RECOMMENDATIONS re 532 MOTION for Attorney Fees Plaintiff Class's Application for Interim Attorneys' Fees; Declaration of Meredith G. Miller; Exhibit "1" re ECF No. 486-1 [Release, Compromise, and Settlement Agr Plaintiffs Objections to 543 Magistrate Judges Findings and Recommendation to Deny Without Prejudice Plaintiff Classs Application for Interim Attorneys Fees; Declaration of Janna Wehilani Ahu; Exhibits 1 - 3 filed by M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), E.R. K., R. P.-K. (Attachments: # 1 Declaration of Janna Wehilani Ahu, # 2 Exhibit 1 Findings and Recommendation, # 3 Exhibit 2 - Application for Interim Attorneys' Fees, # 4 Exhibit 3 - Release, Compromise and Settlement Agreement)(Ahu, Janna) (Entered: 12/10/2019)
550 ORDER Adopting In Part and Modifying In Part Magistrate Judge Findings and Recommendation re 543 .

This court adopts the F&R in part and modifies it in part. The court awards Plaintiffs a total of $75,000 in interim fees and GET and authorizes the Settlement Administrator to disburse those funds from the $250,000 set aside in the settlement agreement for attorneys' fees. The court adopts the F&R to the extent it recommends denial of the remainder of the motion for fees, without prejudice to any future fee award, including for the same period covered by the motion (but without duplicating the award made here).

12/30/2019

Signed by JUDGE SUSAN OKI MOLLWAY on 12/16/2019. (cib) (Entered: 12/16/2019)
551 MOTION for Reconsideration re 550 Order on Findings and

12/31/2019 01/03/2020 01/06/2020
03/16/2020 03/19/2020

Recommendations,, Ryan W. Roylo appearing for Defendant Department of Education, State of Hawai'i (Attachments: # 1 Certificate of Service)(Roylo, Ryan) (Entered: 12/30/2019)
552 STATUS REPORT Settlement Administrator's Status Report Regarding Class Action Settlement; Exhibit "A"; Certificate of Service by James E. Duffy, Jr. (Attachments: # 1 Exhibit "A" - Accounting Ledger, # 2 Certificate of Service)(Miller, Meredith) (Entered: 12/31/2019)
553 Letter addressed to Judge Susan Oki Mollway from Meredith G. Miller, Esq., dated December 31, 2019 re: Class Counsel's Report to the Court Detailing Status of Settlement. (cib) (Entered: 01/03/2020)
554 EO: On August 30, 2019, Plaintiffs filed a motion seeking an award of $152,404.13 in interim fees including the general excise tax (GET) out of the Services Fund. See ECF No. 532 . The DOE did not oppose the motion. On November 26, 2019, the Magistrate Judge issued his Findings and Recommendation to Deny Without Prejudice Plaintiff Classs Application for Interim Attorneys Fees ("F&R"). See ECF No. 543 . The Magistrate Judge reasoned that Plaintiffs had not established that they had met and conferred before filing the motion, as required by Local Rule 54.2. The Magistrate Judge also declined to review Plaintiffs' attorneys' fees requests on a piecemeal basis, noting that "judicial economy and the administration of justice will be best served by addressing Plaintiffs' fee requests at the conclusion of this action." See ECF No. 543 . Plaintiffs objected to the F&R, and the DOE did not respond to the objection. On December 16, 2019, the court adopted the F&R in part and modified it in part, awarding Plaintiffs a total of $75,000 in interim fees and GET. See ECF No. No. 550 . The DOE now moves to reconsider that award. See ECF No. 551 . The court denies the reconsideration motion without a hearing. The DOE has waived any right to object to any fee award, having both (1) failed to timely oppose the underlying motion, and (2) filed no response to Plaintiffs' objection to the F&R. The DOE cannot now belatedly object to an award of less than what was sought. (JUDGE SUSAN OKI MOLLWAY) (cib) (Entered: 01/06/2020)
555 EO: Per the request of Counsel, the Court sets a Telephone Status Conference for 03/23/2020 at 9:00 a.m. in Courtroom 5 before MAGISTRATE JUDGE ROM TRADER. (MAGISTRATE JUDGE ROM TRADER)(jp) (Entered: 03/16/2020)
556 STATUS REPORT DEFENDANTS STATUS REPORT; CERTIFICATE OF SERVICE by Department of Education, State of Hawai'i. (Attachments: # 1 Certificate of Service)(Roylo, Ryan) (Entered: 03/19/2020)

03/19/2020 03/23/2020

557 STATUS REPORT Plaintiff Class' Status Report; Certificate of Service by M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, E.R. K.. (Attachments: # 1 Certificate of Service)(Ahu, Janna) (Entered: 03/19/2020)
558 EP: TELEPHONE STATUS CONFERENCE held.

Discussion had.

Mr. Duffy updates the Court concerning changes intended to expedite the review/approval process for disbursement requests.

Ms. Miller to provide a modified proposal to Mr. Roylo for review by appropriate decision-making authority.

Telephone Status Conference set for 04/06/2020 at 9:30 a.m. before Magistrate Judge Trader. CRM to provide dial-in instructions.

04/03/2020 04/06/2020 04/06/2020

(Court Reporter No Record.) (MAGISTRATE JUDGE ROM TRADER)(jp) (Entered: 03/23/2020)
560 MOTION for Preliminary Injunction DEFENDANTS MOTION FOR PRELIMINARY INJUNCTION; MEMORANDUM IN SUPPORT OF DEFENDANTS MOTION FOR PRELIMINARY INJUNCTION; DECLARATION OF RYAN W. ROYLO; EXHIBITS 1-4; CERTIFICATE OF SERVICE Ryan W. Roylo appearing for Defendant Department of Education, State of Hawai'i (Attachments: # 1 Declaration, # 2 Exhibit Ex1, # 3 Exhibit Ex2, # 4 Exhibit Ex3, # 5 Exhibit Ex4, # 6 Certificate of Service)(Roylo, Ryan) (Entered: 04/03/2020)
561 EO: It is not clear to the court whether the parties have (possibly implicitly in proceedings before Justice Duffy or Judge Trader) complied with Local Rule 7.8, which requires the parties to confer before filing any motion. No later than April 9, 2020, the parties shall file statements (or a joint statement) indicating that the prefiling conference did indeed occur before the preliminary injunction motion was filed, or that it has occurred on or before April 9, 2020, and stating the result re 560 . (JUDGE SUSAN OKI MOLLWAY) (cib) (Entered: 04/06/2020)
562 EP: TELEPHONE CONFERENCE held.

Discussion had.

Class Counsel confirms and acknowledges DOEs compliance with LR7.8 pre-filing conference requirement for Defendants Motion for Preliminary

Injunction [ECF 560] filed 04/03/2020. Counsel to file statement(s) per District Judge Mollways 04/06/2020 Entering Order [ECF 561].

Notwithstanding DOE having filed the motion for preliminary injunction, parties in agreement to further discuss anticipated negative impact of COVID-19 pandemic and corresponding economic downturn on delivery of services and disbursement of settlement funds within time frame specified by the settlement agreement.

Telephone Conference set for 04/23/2020 at 9:00 a.m. before Magistrate Judge Trader.

04/08/2020 04/09/2020 04/09/2020
04/14/2020

(Court Reporter No Record.) (MAGISTRATE JUDGE ROM TRADER)(jp) (Entered: 04/06/2020)
563 STATEMENT Joint Statement Regarding April 6, 2020 Electronic Order [ECF 561]; Certificate of Service filed by M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), R. D., Hawaii Disability Rights Center, E.R. K.. (Attachments: # 1 Certificate of Service)(Miller, Meredith) (Entered: 04/08/2020)
564 NOTICE of Hearing on Motion 560 MOTION for Preliminary Injunction DEFENDANTS MOTION FOR PRELIMINARY INJUNCTION; MEMORANDUM IN SUPPORT OF DEFENDANTS MOTION FOR PRELIMINARY INJUNCTION; DECLARATION OF RYAN W. ROYLO; EXHIBITS 1-4; CERTIFICATE OF SERVICE. Motion Hearing date has been set for 5/18/2020 at 10:30 AM before JUDGE SUSAN OKI MOLLWAY. (tl, ) (Entered: 04/09/2020)
565 EO: The court has reviewed the parties Local Rule 7.8 statement, which this court requested. The parties note in that statement the inapplicability of the rule to preliminary injunction motions. The court would be aided by the inclusion of discussions in upcoming briefs of whether the motion is or is not properly posed as one for injunctive relief. The court recognizes the parties' need for a ruling on the substantive issue, but would like clarification as to why the issue is presented through the procedural vehicle of a request for an injunction (rather than, for example, a request for clarification or declaratory relief). Is there some action that is ongoing or imminent that this court is being asked to enjoin, or is everything simply frozen pending a ruling by the court? Any opposition to the motion is due by April 27, 2020, and any reply brief is due by May 4, 2020 re 560 . (JUDGE SUSAN OKI MOLLWAY) (cib) (Entered: 04/09/2020)
567 EO: Pursuant to the March 23, 2020 Temporary General Order Regarding

District of Hawaii Response to COVID-19 Emergency, the Court will be using AT&T Connect Audio Conference for matters. The AT&T Connect Audio Conference participant instructions are below.

Counsel must connect to the conference at least ten minutes before the scheduled start time for the hearing. For example, if the matter is scheduled for 2:00 p.m., counsel must connect to the conference by 1:50 p.m. so that the Courtroom Manager can take attendance.

PARTICIPANT INSTRUCTIONS:

1. Dial 1-888-684-8852

2. Enter your Access Code (8427906) when prompted followed by the pound (#) sign.

3. Message will say "To join the conference as the host press star (*) otherwise press pound (#)."

4. Press pound (#). Message will say "The host has not yet arrived, please standby."

5. When the Host joins, you will then be connected to the Conference.

(JUDGE SUSAN OKI MOLLWAY)(tl, ) (Entered: 04/14/2020) 04/23/2020 568 EP: TELEPHONE CONFERENCE held.

Discussion had.

Telephone Conference set for 05/27/2020 at 1:00 p.m. before Magistrate Judge Trader. Courtroom Manager to provide dial-in instructions.

04/27/2020

(Court Reporter No Record.) (MAGISTRATE JUDGE ROM TRADER)(jp) (Entered: 04/23/2020)
569 MEMORANDUM in Opposition re 560 MOTION for Preliminary Injunction DEFENDANTS MOTION FOR PRELIMINARY INJUNCTION; MEMORANDUM IN SUPPORT OF DEFENDANTS MOTION FOR PRELIMINARY INJUNCTION; DECLARATION OF RYAN W. ROYLO; EXHIBITS 1-4; CERTIFICATE OF SERVICE Memorandum In Opposition to Defendant's Motion for Preliminary Injunction [ECF 560]; Declaration of Meredith G. Miller; Declaration of James E. Duffy, Jr. filed by M. D., R. T. D. (through his parents R.D. and M.D., for themselves and on behalf of a class of those similarly situated,), Hawaii Disability Rights Center,

04/29/2020

E.R. K., R. P.-K.. (Attachments: # 1 Declaration Declaration of Meredith G. Miller, # 2 Declaration Declaration of James E. Duffy, Jr.)(Ahu, Janna) (Entered: 04/27/2020)
570 EO: Pursuant to Mr. Roylo's request, a Telephone Status Conference with Defense Counsel Only is set for 05/05/2020 at 1:00 p.m. before MAGISTRATE JUDGE ROM TRADER. Courtroom Manager to provide dial in information.

05/01/2020

(MAGISTRATE JUDGE ROM TRADER)(jp) (Entered: 04/29/2020)
571 EO: Pursuant to the April 16, 2020 Temporary General Order Regarding District of Hawaii Response to COVID-19 Emergency, the Court will be using AT&T Connect Audio Conference for matters. The AT&T Connect Audio Conference participant instructions are below.

Counsel must connect to the conference at least ten minutes before the scheduled start time for the hearing. For example, if the matter is scheduled for 2:00 p.m., counsel must connect to the conference by 1:50 p.m. so that the Courtroom Manager can take attendance.

PARTICIPANT INSTRUCTIONS:

1. Dial 1-888-684-8852

2. Enter your Access Code (8427906) when prompted followed by the pound (#) sign.

3. Message will say "To join the conference as the host press star (*) otherwise press pound (#)."

4. Press pound (#). Message will say "The host has not yet arrived, please standby."

5. When the Host joins, you will then be connected to the Conference.

05/04/2020 05/05/2020

(JUDGE SUSAN OKI MOLLWAY)(tl, ) (Entered: 05/01/2020)
572 REPLY re 569 Memorandum in Opposition to Motion,, filed by Department of Education, State of Hawai'i. (Attachments: # 1 Declaration of Ryan W. Roylo, # 2 Certificate of Service)(Roylo, Ryan)
Docket Text Modified on 5/4/2020 (jo)
(Entered: 05/04/2020)
573 EP: EX PARTE TELEPHONE CONFERENCE (DEFENDANT DOE ONLY) held.

Kevin M. Richardson, Ryan Roylo, and Holly Shikada present for Defendant Department of Education, State of Hawaii.

Discussion had.

05/07/2020 05/18/2020

(Court Reporter No Record.) (MAGISTRATE JUDGE ROM TRADER)(jp) (Entered: 05/05/2020)
574 EO: While the court is working remotely, the district judge does not intend to issue her usual prehearing inclinations.. (JUDGE SUSAN OKI MOLLWAY) (cib) (Entered: 05/07/2020)
576 EP: Hearing on 560 Defendant's Motion for Preliminary Injunction was conducted by telephone conference.

Justice James Duffy, Settlement Administrator also participated by telephone conference.

Oral arguments heard.

For the reasons stated on the record, ruling on 560 Defendant's Motion for Preliminary Injunction is held in ABEYANCE until 6/5/2020. Parties are referred to Magistrate Judge Rom Trader to rediscuss terms of Settlement Agreement.

05/22/2020

(Court Reporter Ann Matsumoto.) (JUDGE SUSAN OKI MOLLWAY)(shm) (Entered: 05/18/2020)
577 EO: In accordance with the Temporary General Order Regarding District of Hawaii Response to COVID-19 Emergency, issued on April 16, 2020 by Chief District Judge Seabright, until further court order or notice, all proceedings before Magistrate Judge Trader will be conducted by telephone or other electronic means.

Call-in information for the telephone conference set for 05/27/2020 at 1:00 p.m. before Magistrate Judge Trader is below. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing.

Participants to call in per the instructions below:

1. Dial 1-888-363-4735 2. Enter Access Code (2070326) when prompted followed by the pound (#) sign. 3. Message will say "To join the conference as host press star (*)

otherwise press pound (#). 4. Press pound (#). Message will say "The host has not yet arrived, please standby". 5. You will hear "At the tone state your name." You will then be connected to the Conference.

(MAGISTRATE JUDGE ROM TRADER)(jp) (Entered: 05/23/2020) 05/27/2020 578 EP: TELEPHONE CONFERENCE held.

In light of District Judge Mollways ruling on Defendant's Motion for Preliminary Injunction [ECF 560] being held in abeyance until 06/05/2020, the Court and parties explore options to potentially resolve not only the motion, but broader issues relating to the implementation of and possible modification of the settlement agreement.

Court directs parties to further discuss and exchange formal proposals as follows:

1. Class Counsel to provide Defendant with latest version of the working draft of the supplemental proposal today (05/27/2020);
2. Defendant to respond by 05/31/2020; 3. Class Counsel to respond by 06/02/2020; and 4. Defendant to respond by 06/3/2020.

Court schedules a Confidential Telephone Conference for 06/04/2020 at 11:00 a.m. before Magistrate Judge Trader. Courtroom Manager to provided dial-in instructions.

Court asks Mr. Roylo to advise the Attorney General that the Court may need to request her review and decision-making on an expedited basis concerning this matter.

06/04/2020 06/04/2020

(Court Reporter No Record.) (MAGISTRATE JUDGE ROM TRADER)(jp) (Entered: 05/28/2020)
579 EO: At the hearing on the DOE's preliminary injunction motion, the court asked the parties to meet and confer further on the matters raised by the motion. The court stayed the motion until June 5, 2020. Having heard from the Magistrate Judge that the parties are still in discussion, this court stays the motion through the close of business on June 12, 2020, noting that the court will not be open on June 11, 2020, which is Kamehameha Day. (JUDGE SUSAN OKI MOLLWAY) (cib) (Entered: 06/04/2020)
580 EP: TELEPHONE CONFERENCE held.

Discussion had. Parties continue to explore options to resolve Defendant's Motion for Preliminary Injunction [ECF 560] pending before District Judge Mollway and broader issues relating to the implementation of and possible modification of the settlement agreement.

Court directs parties to further discuss and exchange formal proposals as follows:

1. Class Counsel to provide Defendant with latest draft of the supplemental proposal by 06/05/2020;
2. Defendant to respond by 06/08/2020; and 3. Parties are to meet and confer on 06/09/2020.

Court sets a Confidential Telephone Status Conference for 06/10/2020 at 1:30 p.m. before Magistrate Judge Trader. Courtroom Manager to provided dial-in instructions.

06/10/2020

(Court Reporter No Record.) (MAGISTRATE JUDGE ROM TRADER)(jp) (Entered: 06/04/2020)
581 EP: TELEPHONE CONFERENCE held.

Parties finalizing supplemental proposal. Mr. Roylo to consult with client, supervisors and Attorney General Connors.

Court sets a Confidential Telephone Status Conference for 06/24/2020 at 10:00 a.m. before Magistrate Judge Trader. Courtroom Manager to provided dial-in instructions.

Court to update District Judge Mollway.

06/12/2020 06/18/2020

(Court Reporter No Record.) (MAGISTRATE JUDGE ROM TRADER)(jp) (Entered: 06/11/2020)
582 EO: Having been informed that the parties have made significant progress in their attempts to resolve pending issues, the district judge will wait until June 24 before ruling on the motion that was argued in May. (JUDGE SUSAN OKI MOLLWAY) (cib) (Entered: 06/12/2020)
583 EO: Per the request of Counsel for Defendant Department of Education, State of Hawai'i, an ex parte telephone Conference is set for 6/19/2020 at 11:30 a.m. before MAGISTRATE JUDGE ROM TRADER. Courtroom Manager to provide call-in instructions.

(MAGISTRATE JUDGE ROM TRADER)(jp) (Entered: 06/18/2020)

06/19/2020 584 EP: EX PARTE CONFIDENTIAL TELEPHONE CONFERENCE (DEFENDANT DEPARTMENT OF EDUCATION ONLY) held.

Discussion had.

06/24/2020 06/24/2020

(Court Reporter No Record.) (MAGISTRATE JUDGE ROM TRADER)(jp) (Entered: 06/19/2020)
585 EO: Given the magistrate judge's indication that the parties continue to make progress toward resolving their differences, the court will continue to delay ruling on the pending motion. However, unless the district judge is informed by 4:30 p.m. on June 30, 2020, that the parties have reached or are about to reach agreement, the district judge will thereafter consider the temporary stay to have expired and the parties to be awaiting a decision. (JUDGE SUSAN OKI MOLLWAY) (cib) (Entered: 06/24/2020)
586 EP: Confidential Telephone Conference held.

Discussion held.

Based upon recent discussions, Class Counsel conveyed a modified proposal to Department of Education, State of Hawaii ("DOE") on 06/22/2020. DOE to respond by no later than close of business on 6/25/2020.

Court to update Senior District Judge Susan Oki Mollway regarding the status of the case.

Further Confidential Telephone Conference is SET for 6/29/2020 at 10:30 a.m. before Magistrate Judge Trader. Counsel directed to confer in advance of the conference.

06/29/2020

(no reporter.) (MAGISTRATE JUDGE ROM TRADER)(shm) (Entered: 06/24/2020)
587 EP: TELEPHONE CONFERENCE held.

Further Confidential Telephone Conference set for 06/30/2020 at 2:00 p.m. before Magistrate Judge Trader. Courtroom Manager to provided dial-in instructions.

Court to update District Judge Mollway.

(Court Reporter No Record.) (MAGISTRATE JUDGE ROM TRADER)(jp) (Entered: 06/29/2020)

06/30/2020 06/30/2020 06/30/2020

588 STATUS REPORT Settlement Administrator's Status Report Regarding Class Action Settlement and Request for Additional Compensation; Exhibits "A" & "B" by James E. Duffy, Jr. (Attachments: # 1 Exhibit "A" Accounting Ledger, # 2 Exhibit "B" - Spending Detail)(Miller, Meredith) Modified event type to motion on 6/30/2020 (cib). (Entered: 06/30/2020)
589 Letter (via email) addressed to Judge Susan Oki Mollway from Meredith G. Miller, Esq., dated June 30,2020 re: Class Counsel's Report to the Court Detailing Status of Settlement. (cib) (Entered: 06/30/2020)
590 EO: Court continues the Telephone Conference previously set for 06/30/2020 at 2:00 p.m. to 07/09/2020 at 10:00 a.m. before MAGISTRATE JUDGE ROM TRADER. Courtroom Manager to provide call-in instructions.

07/01/2020

(MAGISTRATE JUDGE ROM TRADER)(jp) (Entered: 06/30/2020)
591 EO: On 06/30/2020, Settlement Administrator James E. Duffy, Jr. filed a Settlement Administrator's Status Report Regarding Class Action Settlement and Request for Additional Compensation ("Status Report") (ECF No. 588 ). The Court construes the portion of the Status Report requesting additional funds as a Motion for Additional Compensation ("Motion"). The Court elects to decide the Motion without a hearing pursuant to LR7.1(c).

The Court directs the Settlement Administrator to submit by July 10, 2020 a supplemental filing describing the general nature of the tasks remaining and the projected time and costs to complete them. Any Response shall be filed by July 16, 2020. A Reply, if any, shall be filed by July 23, 2020.

(MAGISTRATE JUDGE ROM TRADER)(jp) (Entered: 07/01/2020) 07/09/2020 592 EP: TELEPHONE CONFERENCE held.

Discussion had.

Further Confidential Telephone Conference set for 7/20/2020 at 1:30 p.m. before Magistrate Judge Trader. Courtroom Manager to provided dial-in instructions.

Court to update District Judge Mollway.

07/10/2020

(Court Reporter No Record.) (MAGISTRATE JUDGE ROM TRADER)(jp) (Entered: 07/09/2020)
593 SUPPLEMENT re 588 MOTION filed by James E. Duffy, Jr. by James E.

07/16/2020 07/20/2020

Duffy, Jr Settlement Administrator's Supplement to Motion for Additional Compensation [ECF 588]. (Amatore, Erika) (Entered: 07/10/2020)
594 RESPONSE to Motion DEFENDANTS RESPONSE TO THE SETTLEMENT ADMINISTRATORS MOTION FOR ADDITIONAL COMPENSATION [ECF 588] AND SUPPLEMENT TO MOTION FOR ADDITIONAL COMPENSATION [ECF 593] filed by Department of Education, State of Hawai'i. (Attachments: # 1 Certificate of Service)(Roylo, Ryan) (Entered: 07/16/2020)
595 EP: TELEPHONE CONFERENCE held.

Discussion had. Given current status and required next steps, the Court sets the following deadlines:

1. Class Counsel to provide final draft of proposed supplemental agreement to Defendant by 07/24/2020;
2. Defendant to review and work with Class Counsel to finalize language of supplemental agreement by 07/31/2020;
3. Once finalized, Defendant to timely submit to Attorney General for review/approval; and.
4. If approved by the Attorney General, parties to make best efforts to execute the supplemental agreement by 08/14/2022.

Discussion had concerning Settlement Administrator's pending request for additional funds.

Court schedules a Confidential Telephone Conference for 08/18/2020 at 1:30 p.m. before Magistrate Judge Trader. Courtroom Manager to provided dial-in instructions.

Court to update District Judge.

07/22/2020

(Court Reporter No Record.) (MAGISTRATE JUDGE ROM TRADER)(jp) (Entered: 07/20/2020)
596 EO: Court sets a Confidential Telephone Status Conference for 07/23/2020 at 11:00 a.m. before MAGISTRATE JUDGE ROM TRADER. Courtroom Manager to provide dial-in instructions.

(MAGISTRATE JUDGE ROM TRADER)(jp) (Entered: 07/22/2020) 07/23/2020 597 EP: STATUS CONFERENCE held.

Discussion had regarding [ECF 593] Settlement Administrator's Supplement to Motion for Additional Compensation [ECF 588]. Class Counsel represents the need for additional administrative funds

immediately to advert suspension of efforts to ensure services are provided to eligible class members and to pay outstanding obligations.

Court informed counsel of its inclination to recommend an interim partial award of $50,000 at this time, to which no objection was raised. The Court and the parties contemplate that a request for supplemental administrative funds may be needed in the future. While DOE has expressed concerns and reserves the right to respond to any future supplemental funding requests to administer the settlement fund, given the current circumstances, the DOE does not object. The Court understands that without supplemental funds, the Settlement Administrator anticipates a disruption of ongoing tasks necessary to administer the settlement.

Court to relay recommendation to District Judge Mollway for her consideration.

07/24/2020
07/24/2020 08/10/2020

(Court Reporter No Record.) (MAGISTRATE JUDGE ROM TRADER)(jp) (Entered: 07/24/2020)
598 EO: Settlement Administrator James Duffy has requested additional compensation. This matter has been unresolved for weeks while the parties have been trying to reach a settlement. Although the DOE has objected to the amount sought, the DOE, according to minutes of a conference conducted by the Magistrate Judge, appears not to object to a partial amount of $50,000. The District Judge has been informed that existing approved funds are depleted or near depletion, and that the issue of additional compensation is in serious need of being addressed. With the understanding that $50,000 is not objected to by any party, and that the DOE may continue to object to amounts over $50,000, the District Judge approves $50,000 in additional compensation to Settlement Administrator Duffy. Unless any party submits written objection to the $50,000 amount before noon on July 27, 2020, this order will take effect at noon on July 27, 2020. (JUDGE SUSAN OKI MOLLWAY) (cib) (Entered: 07/24/2020)
599 EO: Given the parties' encouraging settlement discussions, the district judge terminates the pending preliminary injunction motion. In the event settlement efforts are unsuccessful, any party may reactivate the preliminary injunction motion by so requesting in a letter to the district judge. re 560 . (JUDGE SUSAN OKI MOLLWAY) (cib) (Entered: 07/24/2020)
600 EO: Pursuant to a joint request from Counsel, the Court sets a Status Conference for 08/14/2020 at 11:00 a.m. before MAGISTRATE JUDGE ROM TRADER.

In accordance with the July 28, 2020 Temporary General Order Regarding District of Hawaii Response to COVID-19 Pandemic, this hearing will be held telephonically. Courtroom Manager to provide dialin instructions.

(MAGISTRATE JUDGE ROM TRADER)(jp) (Entered: 08/10/2020) 08/14/2020 601 EP: STATUS CONFERENCE held.

Discussion had regarding status of supplemental settlement agreement. Mr. Roylo anticipates remaining issues to be resolved within two weeks.

Court VACATES the Telephone Status set for 08/18/2020 at 1:30 p.m. before Magistrate Judge Trader.

Confidential Telephone Conference set for 09/02/2020 at 11:00 a.m. before Magistrate Judge Trader. Courtroom Manager to provided dial-in instructions.

Court to update District Judge Mollway.

09/02/2020

(ATT / 11:00 - 11:15) (MAGISTRATE JUDGE ROM TRADER)(jp) (Entered: 08/16/2020)
602 EP: STATUS CONFERENCE held.

Discussion had regarding status of supplemental settlement agreement. Documents being routed for final signatures. Parties to submit to District Judge Mollway for review and approval.

Settlement Administrator's request for supplemental funds to be submitted.

Confidential Telephone Conference set for 09/16/2020 at 11:30 a.m. before Magistrate Judge Trader. Courtroom Manager to provided dial-in instructions.

Court to update District Judge Mollway.

09/09/2020

(ATT / 11:00 - 11:08) (MAGISTRATE JUDGE ROM TRADER)(jp) (Entered: 09/02/2020)
603 MOTION for Settlement Settlement Administrators Motion for Additional Administration Funds; Declaration of Erika L. Amatore; Exhibits A and B Erika L. T. Amatore appearing for Plaintiffs M. D., R. T. D., Hawaii Disability Rights Center, E.R. K., R. P.-K. (Attachments: # 1 Declaration of Erika L. Amatore, # 2 Exhibit A, # 3 Exhibit B)(Amatore, Erika)

09/14/2020

(Entered: 09/09/2020)
604 EO: Motion Hearing is set for 11/5/2020 at 9:30 a.m. before MAGISTRATE JUDGE ROM TRADER on ECF 603 Settlement Administrator's Motion for Additional Administration Funds.

In accordance with the August 24, 2020 Temporary General Order Regarding District of Hawaii Response to COVID-19 Pandemic, issued August 24, 2020, this hearing will be held telephonically.

Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the hearing. Call-in instructions are below:

1. Dial 1-888-363-4735. 2. Enter Access Code (2070326) when prompted followed by the pound (#) sign. 3. Message will say "To join the conference as host press star (*) otherwise press pound (#). 4. Press pound (#). Message will say "The host has not yet arrived, please standby." 5. You will hear "At the tone state your name." You will then be connected to the Conference.

(MAGISTRATE JUDGE ROM TRADER)(jp) (Entered: 09/14/2020) 09/16/2020 606 EP: TELEPHONE CONFERENCE held.

Supplemental Settlement Agreement:

Supplemental settlement agreement ready for submission to District Judge Mollway for review and approval.

Administrator's Supplemental Funds Request:

Discussion had regarding [ECF 603] Settlement Administrator's Motion for Additional Administration Funds set for hearing 11/05/2020 at 9:30 a.m. before Magistrate Judge Trader. Briefing schedule set forth below:

1. Defendant's response due 10/07/2020; and 2. Class Counsel's reply due 10/16/2020.

Upon review of the briefing, Court to determine whether to proceed with hearing or decide the matter on the submissions.

(ATT / 11:32 - 11:45) (MAGISTRATE JUDGE ROM TRADER)(jp) (Entered: 09/18/2020)

09/17/2020 10/07/2020
10/15/2020 10/22/2020

605 Supplement To Release, Compromise, and Settlement Agreement. Signed by JUDGE SUSAN OKI MOLLWAY. (cib) (Entered: 09/17/2020)
607 REPLY re 603 MOTION for Settlement Settlement Administrators Motion for Additional Administration Funds; Declaration of Erika L. Amatore; Exhibits A and B DEFENDANTS RESPONSE TO THE SETTLEMENT ADMINISTRATORS MOTION FOR ADDITIONAL ADMINISTRATIVE FUNDS [ECF 603]; DECLARATION OF RYAN W. ROYLO; CERTIFICATE OF SERVICE filed by Department of Education, State of Hawai'i. (Attachments: # 1 Declaration, # 2 Certificate of Service)(Roylo, Ryan) (Entered: 10/07/2020)
608 REPLY re 603 MOTION for Settlement Settlement Administrators Motion for Additional Administration Funds; Declaration of Erika L. Amatore; Exhibits A and B Settlement Administrator's Reply In Support of Motion for Additional Administration Funds [Doc. 603]; Declaration of James E. Duffy, Jr.; Declaration of Janna Wehilani Ahu filed by James E. Duffy, Jr. (Attachments: # 1 Declaration of James E. Duffy, Jr., # 2 Declaration of Janna Wehilani Ahu)(Amatore, Erika) (Entered: 10/15/2020)
609 FINDINGS AND RECOMMENDATION TO GRANT IN PART AND DENY IN PART SETTLEMENT ADMINISTRATOR'S MOTION FOR ADDITIONAL ADMINISTRATION FUNDS re: 603 - Signed by MAGISTRATE JUDGE ROM TRADER on 10/22/2020. (jo) (Entered: 10/22/2020)

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 IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF HAWAII

R.P.-K., through his parent C.K., )

R.T.D., through his parents R.D. and )

M.D., B.P., through her parent M.P., )

and C.B., through his parent N.B., for )

themselves and on behalf of a class )

of those similarly situated, and the )

HAWAII DISABILITY RIGHTS )

CENTER, in a representative

)

capacity on behalf of its clients and )

all other similarly situated,

)

)

Plaintiffs,

)

)

vs.

)

)

DEPARTMENT OF EDUCATION, )

STATE OF HAWAII,

)

)

Defendant.

)

_____________________________ )

Civ. No. 10-00436 DAE/KSC

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION

On March 14, 2011, the Court heard Plaintiffs’ Motion for Class

Certification (“Motion”). Jason H. Kim, Esq., and John P. Dellera, Esq., appeared

at the hearing on behalf of Plaintiffs, Deputy Attorney General Steve K. Miyasaka

appeared at the hearing on behalf of Defendant Department of Education

(“Defendant” or “DOE”). After reviewing the motion as well as the supporting

and opposing memoranda, the Court GRANTS IN PART and DENIES IN

PART Plaintiff’s Motion for Class Certification (Doc. # 15). Specifically, the class is certified with R.P.-K., R.T.D., and the Hawaii Disability Rights Center as the class representatives. C.B. and B.P., however, are ineligible to be class members or representatives and are hereby DISMISSED from the action.
BACKGROUND The named Plaintiffs in this case—excluding Plaintiff Hawaii Disability Rights Center (“HRDC”)—are all disabled individuals who are or had been eligible for special education under the Individuals with Disabilities Education Act (“IDEA”). In this litigation Plaintiffs are challenging the validity of Act 163 of the Session Laws of Hawai’i for 2010 (“Act 163”) arguing it is an invalid attempt at circumventing this Court’s holdings in B.T. v. Dep’t of Educ., 637 F. Supp. 2d 856 (D. Haw. 2009) (hereinafter “B.T. I”) and B.T. v. Dep’t of Educ., CV. Nos. 08-00356 DAE-BMK, 09-00059 DAE-BMK, 2009 WL 4884447 (D. Haw. Dec. 17, 2009) (hereinafter “B.T. II”). At present, the issue before the Court is the Plaintiffs’ Motion to Certify the following class: All individuals residing in the State of Hawai’i who over the age of 20 on or before the first day of the school year (or who will imminently be over the age of 20 on that date) but under the age of 22 who are entitled to receive special education and related services from Defendant the Hawai’i Department of Education under the Individuals With Disabilities Education Act.
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(“Mot.,” Doc. # 15 at 3.) I. B.T. and Act 163
The IDEA requires each state provide a free appropriate public education (“FAPE”) to “all children with disabilities . . . between the ages of 3 and 21, inclusive . . . .” 20 U.S.C. § 1412(a). This Court determined that federal eligibility for special education and related services therefore ends when a student becomes twenty-two. B.T. I, 637 F. Supp. 2d at 863–64 n.9. States may impose different age limitations, however, provided those same limitations are applied to the public general education students as well. 20 U.S.C. § 1412(a)(1)(B) (“The obligation to make [FAPE] available to all children with disabilities does not apply with respect to children . . . aged 3 through 5 and 18 through 21 in a State to the extent that its application to those children would be inconsistent with State law or practice . . . .”); see also B.T. I, 637 F. Supp. 2d at 863 (“The State is only allowed to deviate from the requirements of the IDEA if there is a clear State law that says otherwise.”).
In B.T., Plaintiff B.T. was a severely autistic twenty year old. B.T. I, 637 F. Supp. 2d at 859. He argued that extending a FAPE to the age of twenty-two was consistent with Hawaii law and that the Department of Education’s (“DOE”) policy of terminating special education services at the age of twenty was invalid
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given the terms of the IDEA. See id. at 862–65. The Court agreed. Specifically the Court focused on the “nature of the practice of Hawaii’s schools toward students 20 years or older” and found that “Defendant has approved every single overage general education student and barred almost every single overage special education student.” Id. at 865. Accordingly the law violated the IDEA and “Hawaii [had denied] these students a meaningful education.” Id. at 865–66. Hawaii therefore was “enjoined from implementing a per se rule denying special education services based solely on [the students] attaining the age of 20.” Id. at 866. The Court subsequently granted summary judgment, in part, for Plaintiff B.T. B.T. II, 2009 WL 4884447, at *9. The State of Hawaii did not appeal this Court’s ruling.
Since then, however, the State of Hawaii has passed Act 163 which amended Haw. Rev. Stat § 302A-1134(c) to impose a twenty year age limit on all admissions to public high school. See Haw. Rev. Stat. § 302A-1134(c). Specifically, the statute states:
No person who is twenty years of age or over on the first instructional day of the school year shall be eligible to attend a public school. If a person reaches twenty years of age after the first instructional day of the school year, the person shall be eligible to attend public school for the full school year.
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Id. Plaintiffs complain that Act 163 is an impermissible attempt to circumvent this Court’s holding in B.T. I. (Mot. at 5–7.) Specifically, Plaintiffs assert that “[a]lthough Act 163 purports to impose an age limit of 20 for attendance at a public school . . . , the DOE continues to provide a public education to students over the age of 20 through the CB (competency-based) and GED (General Education Development) high school equivalency programs.” (Id. at 5.) Special education, according to Plaintiffs, should therefore continue until age twenty-two, notwithstanding Act 163. (See id. at 7.)1 II. Plaintiffs
A. R.P.-K. R.P.-K. was born on October 20, 1989 and is twenty-one years old.
(“Opp’n,” Doc. # 24, Ex. 1 at 2.) R.P.-K. was IDEA-eligible and received special education and related services while in Defendants’ K-12 education system. (See id.) R.P.-K.’s mother, C.K., twice requested that he continue to receive special education services beyond the 2009–10 school year. (Mot., C.K. Decl. ¶¶ 4–5.) On July 1, 2010, Act 163 took effect. (See id., Ex. A.) Subsequently an IEP
1 Plaintiffs advance multiple theories for invalidating Act 163, none of which are currently at issue before the Court as this is only a motion for class certification. The theories include: (1) Violation of the IDEA (“Compl.,” Doc. # 1, ¶¶ 31–36); (2) Violation of Title II (Id. ¶¶ 37–41); (3) Violation of Section 504 (Id. ¶¶ 42–46); and Estoppel (Id. ¶¶ 47–50).
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meeting for R.P.-K. was held on July 26, 2010 where it was determined that R.P.K. was no longer eligible to attend public school. (Opp’n, Ex. 1 at 3.) Defendant issued a Prior Written Notice (“PWN”) on August 6, 2010, stating that R.P.-K. was no longer eligible to attend public school because of his age. (Id.)
C.K. filed a Request for Due Process hearing and on October 25, 2010, the Office of Administrate Hearings, Department of Commerce and Consumer Affairs issued an Order awarding judgment for Defendant. (Id. at 6–7.) The Hearings Officer specifically found that Act 163 precluded R.P.-K.’s right to educational services until after the age of twenty. (Id. at 7.)
R.P.-K. filed a complaint appealing the decision with this Court on November 5, 2010. The appeal is currently pending before Judge Leslie E. Kobayashi. (See 1:10-cv-00644-LEK-KSC.)
B. R.T.D. R.T.D. was born on June 24, 1990 and is twenty years old. (See
Opp’n, Ex. 3, at 2.) R.T.D. has been diagnosed with Downs Syndrome, mental retardation, Autism Spectrum Disorder, and Obsessive Compulsive Disorder. (Mot., R.D. Decl. ¶ 1.) He is also hearing and vision impaired, has limited communication skills and requires constant supervision. (Id. ¶¶ 1, 7, 11.) R.T.D. has received special education at Kalaheo High School from the DOE. (Id. ¶ 2.)
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R.T.D., by and through his parents R.D. and M.D., met with DOE representatives to establish an IEP for the Summer of 2010 as well as the 2010–11 school year. (See Opp’n, Ex. 3, at 2.) On June 28, 2010, the DOE decided to terminate special education services because R.T.D. was over the age of twenty. (Id. at 2–3.) R.D. and M.D., on behalf of their son R.T.D., therefore filed a Request for Due Process Hearing. The Hearings Officer, relying on Act 163, granted summary judgment for Defendant. (See id. 5–6.)
R.T.D. filed a Complaint appealing this decision with this Court on November 4, 2010. The appeal is also currently pending before Judge Leslie E. Kobayashi. (See 1:10-cv-00641-LEK.)
C. B.P. B.P. was born on January 7, 1989 and is now twenty-two years old.
(See Opp’n, Ex. 5, at 2.) B.P. has been diagnosed as having disruptive behavior disorder, not otherwise specified, general anxiety disorder, fetal alcohol syndrome, mild mental retardation disorder, hyperopia and astigmatism, seizure disorder, cardio-pulmonary problems, mild cerebral palsy, orthopedic problems secondary to hip surgery, central auditory processing disorder, and sensory integration issues. He is also hearing and vision impaired, has limited communication skills and
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requires constant supervision. (Mot., M.P. Decl. ¶ 2.) B.P has received special education at Loveland Academy since 2006. (Id. ¶ 3.)
The DOE advised M.P. that special education would terminate at the end of the Extended School Year 2010 pursuant to Act 163. (See Opp’n, Ex. 3, at 3.) M.P. therefore filed a Request for Due Process Hearing. The Hearings Officer, relying on Act 163, granted summary judgment for Defendant on October 25, 2010. (See id. 4–5.)
B.P. filed a Complaint appealing this decision with this Court on November 5, 2010. This appeal is currently pending. (See 1:10-cv-00643-DAEBMK.)
D. C.B. C.B. was born on June 21, 1989 and is twenty-one years old. (See
Opp’n, Ex. 7, at 2.) C.B. has been diagnosed as having Autistic Disorder, Disruptive Behavior Disorder, Obsessive Compulsive Disorder, Mild Mental Retardation, and Seizure Disorder. (Mot., N.B. Decl. ¶ 2.) C.B. has received special education at Kailua High School since 2003. (Id. ¶ 3.)
An IEP meeting was held on June 23, 2009 to discuss further educational services for C.B. (See Opp’n, Ex. 7, at 2.) The IEP team determined that C.B. did not need further education both because he did not satisfy the
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requirements of Act 163 and because he had the functional and academic skills
necessary to transfer into the noncompetitive workforce. (Id. at 3.) C.B. filed a
Request for Due Process Hearing on July 23, 2009 by and through his Parent N.B.
(Id.) The Hearings Officer found that C.B. and N.B. had failed to demonstrate that
C.B. was denied special education and related services solely due to C.B.’s age and
that C.B. and N.B. had failed to demonstrate that C.B. continued to need a special
education. (Id. at 13.)
On May 27, 2010, C.B. and N.B. filed a complaint appealing the
Hearings Officer’s decision with this Court. (See 1:10-cv-00317-DAE-BMK.)
This Court affirmed the decision of the Hearing’s Officer (1:10-cv-00317-DAE-
BMK, Doc. # 39.) The Court specifically declined to address the applicability of
Act 163, stating the following:
Also briefed by the parties is a recently passed Hawaiian statute, Act 163. Act 163 amended Haw. Rev. Stat § 302A-1134(c) to impose a twenty year age limit on all admissions to public high school. See Haw. Rev. Stat. § 302A-1134(c). Plaintiffs argue that Act 163 was passed to reverse this Court’s decision in B.T. and argues that, not withstanding Act 163, B.T. remains good law. (Doc. # 29, P’s Brief, 10-11.) Defendant takes the position that Act 163 is not relevant because it was not effective until July 1, 2010, two months after the Hearing Decision and one year after C.B.’s IEP meeting. (Doc. # 34, D’s Brief, 19-20.) Further, Act 163 is also at issue in pending litigation before the Court in R.P.-K. v. Department of
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Education, CV 10-00436 DAE-KSC. Given this concession by Defendant, the Court need not now consider its applicability in the instant case. (Id. at 10 n.3.) Accordingly, the Court affirmed the decision of the Hearings Officer on the grounds that Defendant had satisfied its burden before the Hearings Officer to demonstrate that C.B. could no longer benefit from further special education.2 (Id. at 21.) C.B and N.B. have since appealed this Court’s decision to the Ninth Circuit Court of Appeals. (1:10-cv-00317-DAE-BMK, Doc. # 42.)
STANDARD OF REVIEW Before certifying a class, a trial court must conduct a “rigorous analysis” to determine whether the party seeking certification has met the prerequisites of Federal Rule of Civil Procedure 23. Valentino v. Carter-Wallace, Inc., 97 F.3d 1227, 1233 (9th Cir. 1996) (citing In re Am. Med. Sys., 75 F.3d 1069 (6th Cir. 1996); Zinser v. Accufix Research Inst., Inc., 253 F.3d 1180, 1186 (9th Cir. 2001), amended, 273 F.3d 1266 (9th Cir. 2001); Gen’l Tel. Co. of Sw. v. Falvon, 457 U.S. 147, 161 (1982). “While the trial court has broad discretion to certify a class, its discretion must be exercised within the framework of Rule 23.”
2 There was some question as to which party had the burden before the Hearings Officer in this Appeal. (See 1:10-cv-00317-DAE-BMK, Doc. # 39, at 11–12.) The Court did not resolve that issue as it found, even assuming the burden was on the Defendant, it had been satisfied. (Id. at 21.)
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Zinser, 253 F.3d at 1186 (citing Doninger v. Pacific Nw. Bell, Inc., 564 F.2d 1304,
1309 (9th Cir. 1977)). The party seeking class certification “bears the burden of
demonstrating that he has met each of the four requirements of Rule 23(a) and at
least one of the requirements of Rule 23(b).” Id.; Armostrong v. Davis, 275 F.3d
849, 868 (9th Cir. 2001).
Rule 23(a) requires that a movant demonstrate numerosity,
commonality, typicality, and adequacy of representation:
(a) Prerequisites. One or more members of a class may sue or be sued as representative parties on behalf of all members only if:
(1) the class is so numerous that joinder of all members is impracticable; (2) there are questions of law or fact common to the class; (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class; and (4) the representative parties will fairly and adequately protect the interests of the class.
Fed. R. Civ. P. 23(a)(1)-(4).
Next, the case must fall under one of the three categories of Rule
23(b):
(1) the prosecution of separate actions by or against individual members of the class would create a risk of
(A) inconsistent or varying adjudications with respect to individual members of the class which would establish incompatible standards of conduct for the party opposing the class, or
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(B) adjudications with respect to individual members of the class which would as a practical matter be dispositive of the interests of the other members not parties to the adjudications or substantially impair or impede their ability to protect their interests; or
(2) the party opposing the class has acted or refused to act on grounds generally applicable to the class, thereby making appropriate final injunctive relief or corresponding declaratory relief with respect to the class as a whole; or
(3) the court finds that the questions of law or fact common to the members of the class predominate over any questions affecting only individual members, and that a class action is superior to other available methods for the fair and efficient adjudication of the controversy.
Fed. R. Civ. P. 23(b). Whether these requirements are satisfied does not involve an
inquiry into the merits of the plaintiff’s claims. See Eisen v. Carlisle & Jacquelin,
417 U.S. 156, 177–78 (1974). Instead, the Court must analyze the allegations of
the complaint and other material, consider the nature and range of proof necessary
to establish those allegations, determine as best able the future course of the
litigation and then determine if the requirements are met at the time. See Blackie
v. Barrack, 524 F.2d 891, 900–01 (9th Cir. 1975).
DISCUSSION
Plaintiffs seek certification of the following Class:
All individuals residing in the State of Hawai’i who over the age of 20 on or before the first day of the school year (or who will imminently
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be over the age of 20 on that date) but under the age of 22 who are entitled to receive special education and related services from Defendant the Hawai’i Department of Education under the Individuals With Disabilities Education Act. (“Mot.,” Doc. # 15 at 3.) I. Rule 23(a)
To satisfy the requirements of Rule 23(a), a putative class must meet four criteria: (1) numerosity of the class members; (2) commonality of the factual and legal issues; (3) typicality of the claims of the named plaintiffs; and (4) adequacy of representation. See Fed. R. Civ. P. 23(a).
A. Numerosity A class must be “so numerous that joinder of all members is
impracticable” in order for a court to certify it. Fed. R. Civ. P. 23(a)(1). The numerosity requirement is not tied to any fixed numerical threshold. See Gen Tel. Col. of the Nw., Inc. v. EEOC, 446 U.S. 318, 330 (1980). Indeed, courts need not determine the exact size of a class in order to find numerosity satisfied. Cervantez v. Celestica Corp., 253 F.R.D. 562, 569 (C. D. Cal. 2008). Generally, however, a class that is likely to exceed forty members satisfies numerosity. Amone v. Aveiro, 226 F.R.D. 677, 684 (D. Haw. 2005); see also Jordan v. L.A. County, 669 F.2d 1311, 1319 (9th Cir. 1982), vacated and remanded on other grounds, 459 U.S.
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810 (1982). “When the exact number of class members cannot be ascertained, the court may make common sense assumptions to support a finding of numerosity.” Susan J. v. Riley, 254 F.R.D. 439, 458 (M.D. Ala. 2008). Moreover, “impracticability,” as used in the numerosity requirement of Rule 23, does not mean “impossibility,” but only “the difficulty or inconvenience of joining all members of the class.” Harris v. Palm Springs Alpine Estates, Inc., 329 F.2d 909, 914 (9th Cir. 1964). Finally in determining the numerosity requirement a court must, “[examine] the specific facts of each case and imposes no absolute limitations.” Gen. Tel. Co., 446 U.S. at 330. Thus, in Amone, this Court found that a proposed class of Hawaii public housing residents had satisfied numerosity in part because the residents had limited financial means. 226 F.R.D. at 684.
The Court finds that the numerosity requirement has been satisfied. Plaintiffs, in support of their argument point to the number of special education students in grades 9–12. (Mot. at 17.) There are 1,986 special education students in 9th grade, 1,730 special education students in 10th grade, 1,473 special education students in 11th grade, and 1,332 special education students in 12th grade. (Mot., Ex. J.) Although these numbers diminish as the grade levels increase, the trend suggests that there would be at least several hundred individuals in the purported class.
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Defendant responds by arguing that the number of class members dissipate after twelfth grade. Specifically, some of the special education seniors receive high school diplomas and are ineligible for further education. (Opp’n at 21–22.) Defendant also argues that some eligible students are transitioned into post-high school education or employment programs. (Id. at 22.) Some, according to Defendant, may not want more education or may not be entitled to any further education because it would no longer provide the student with a benefit. (Id. at 23.)
Taking these assertions as true, a “common sense assumption” dictates that the remaining class members would still be more than sufficiently numerous to warrant satisfaction of this requirement. Susan J., 254 F.R.D. at 458. Assuming that the “magic number” for class certification is forty as Defendant contends,3 (Opp’n at 20–21), nearly 1,300 students would have to fall into the categories Defendant’s proffer to defeat numerosity. (See Mot., Ex. J.) This seems highly improbable.4 Further weighing in Plaintiffs’ favor are the “specific facts of
3 That need not be the case, as one court in California has certified a class with only twenty-seven members. See Tietz v. Bowen, 695 F. Supp. 441, 445 (N.D. Cal. 1987).
4 Further, Defendant presumably has access to these exact numbers but chose not to provide them to the Court.
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[this] case.” Amone, 226 F.R.D. at 684. The class is comprised exclusively of learning-disabled youth. It is extremely unlikely that these individuals would bring individual actions challenging the validity of Act 163.
The Court also believes that joinder of the class is impractical. Not only does the purported class already potentially encompass hundreds of members, but future members must be considered as well. A class may consist of “unnamed and unknown future [members]” whose joinder into the class is “inherently impracticable.” Jordan, 669 F.2d at 1320. Here it is impossible to know who or how many students precisely would be qualified for a FAPE in the absence of Act 163 now or in the future. This renders joinder of the unnamed class members impracticable. For these reasons, the Court believes that Rule 23(a)(1)’s numerosity requirement has been satisfied.
B. Commonality Rule 23 provides that there must be “questions of law or fact common
to the class” for a class to be certified. Fed. R. Civ. P. 23(a)(2). Commonality is construed permissively, Rodriguez v. Hayes, 578 F.3d 1032, 1048 (9th Cir. 2009) (citation omitted), and “all questions of fact and law need not be common to satisfy the rule.” Hanlon v. Chrysler Corp., 150 F.3d 1011, 1019 (9th Cir. 1998). “Commonality exists where class members’ situations share a common issue of
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law or fact, and are sufficiently parallel to insure a vigorous and full presentation of all claims for relief.” Wolin v. Jaguar Land Rover North America, LLC, 617 F.3d 1168, 1172 (9th Cir. 2010) (quotations and citations omitted); Hanlon, 150 F.3d at 1019 (finding commonality established by “the existence of shared legal issues with divergent factual predicates” or “a common core of salient facts coupled with disparate legal remedies within the class.”) “[O]ne significant issue common to the class may be sufficient to warrant certification.” Dukes v. Wal-Mart, Inc., 603 F.3d 571, 599 (9th Cir. 2010). Additionally, “class suits for declaratory or injunctive relief, ‘by their very nature often present common questions satisfying Rule 23(a)(2).’” Daly v. Harris, 209 F.R.D. 180, 186 (D. Haw. 2002) (quoting Charles Alan Wright, Arthur R. Miller & Mary Kay Kane, 7A Federal Practice & Procedure § 1763 (1986)).
The Court finds that two of the Plaintiffs, R.P.-K. and R.T.D., have easily satisfied this requirement.5 At issue here is the applicability of Act 163, a state law that by its own terms applies to students in the entire state. The common question of law at issue before the Court is whether Act 163 is sufficient to override the IDEA’s default age limitations in 20 U.S.C. § 1412(a). This is not just a “significant issue common to the class,” Dukes, 603 F.3d at 599, but it is the only
5 C.B. and B.P., as discussed infra, have not. 17

issue in this litigation. Whether Act 163 alone provides sufficient grounds to deny special education students a FAPE is the sole purpose of this litigation. Each Plaintiff, excepting C.B., is a special education student that was denied a FAPE because they had aged out pursuant to Act 163. They now seek to certify a class to resolve whether such denial was appropriate. It is difficult to conceive of litigation that could present questions more common than those at issue here.
Defendant argues that “each of the . . . Plaintiffs has their own unique special needs that differ from each other” and that “application of law may differ as to each individual Plaintiff and their individual special needs.” (Opp’n at 27.) The Court disagrees. While it may be true that each student has their own unique needs, the application of Act 163 will not and has not differed as to each individual Plaintiff. Each is older than twenty. Each have been told by the DOE that a FAPE was denied to them because of Act 163. This litigation will not determine, as Defendant seems to suggest, whether in the absence of Act 163 the individual Plaintiffs were entitled to a FAPE. Instead, the inquiry is focused on whether Act 163 alone may serve as a grounds for denying class members a FAPE. The Court therefore finds that R.P.-K. and R.T.D. have satisfied Rule 23(a)(2)’s commonality requirement.
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I. C.B. and B.P. The Court cannot find, however, that C.B.’s claim is common to the those of the other named Plaintiffs. C.B. has already had his appeal heard before this Court. Act 163 had not been enacted at the time Defendant decided not to provide C.B. a FAPE. Accordingly, on appeal, Defendant took the position that Act 163 was not applicable when the DOE made its decision to terminate C.B.’s education. (See 1:10-cv-00317-DAE-BMK, Doc. # 39, at 10 n.3.) The Court subsequently affirmed the Hearings Officer’s decision on grounds independent of Act 163. (Id. 21.) C.B.’s claim, now on appeal before the Ninth Circuit, is therefore necessarily different from those of the remaining three plaintiffs who were denied a FAPE specifically because of Act 163. C.B. therefore has no common question to be addressed. The Court thus finds that C.B. has failed to satisfy Rule 23(a)(2)’s commonality requirement. B.P. turned twenty-two in January 2011 and has therefore aged out of the IDEA scheme irrespective of the applicability of Act 163. See 20 U.S.C. § 1412(a) (finding a state must provide a FAPE to all children “with disabilities . . . between the ages of 3 and 21, inclusive . . .”); B.T. I, 637 F. Supp. 2d at 863–64 n.9 (determining that federal eligibility for special education and related services ends when a student becomes 22). Accordingly, B.P.’s claim with
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respect to Act 163 is moot and cannot be common to the remaining Plaintiffs’ claims.
At the hearing, Counsel for Plaintiffs conceded that C.B. and B.P. could not be a part of the class and moved to voluntarily dismiss them from the action. The Court agrees that C.B. and B.P. cannot be members or representatives of the class; they are therefore DISMISSED from this action. The Court will exclude them from its analysis moving forward.
C. Typicality The typicality criterion requires that the representative Plaintiffs’
claims or defenses be of the same nature as the rest of the class. See Fed. R. Civ. P. 23(a)(3). “[T]ypicality focuses on the relationship of facts and issues between the class and its representatives.” Dukes, 603 F.3d at 613 n.37. This requirement assures “that the interest of the named representative aligns with the interest of the class.” Hanon v. Dataproducts, 976 F.2d 497, 508 (9th Cir. 1992.) The representative plaintiff’s claims are “‘typical’ if they are reasonably co-extensive with those of absent class members.” Id. Moreover, “[u]nder the rule’s permissive standards, [claims] need not be substantially identical.” Dukes, 603 F.3d at 613. Instead, the class representatives must simply “possess the same
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interest and suffer the same injury as the class members.” Gen. Tel. Co., 457 U.S. at 152.6
The Court also believes that Plaintiffs’ claims are necessarily typical of the entire class. Plaintiffs want to represent a class of special education students who have been or could be denied FAPE on the basis of Act 163. Each of the named Plaintiffs were denied a FAPE exclusively on these grounds. Accordingly, the named Plaintiffs’ claims are not merely typical but nearly identical.
Defendant’s argument in response again misses the mark. It contends that “due to the individualized nature of special education cases, there is no typicality of claims or defenses” and that “[e]ach of the named Plaintiffs and any potential members of the class has unique and special needs.” (Opp’n at 28.) Once more, while the Court agrees, the argument is non-responsive. The Plaintiffs are not asking the Court to make an individualized determination about whether the named Plaintiffs’ specific individual needs entitle them to a FAPE. Instead, the Plaintiffs’ only question is whether Act 163 can provide an adequate grounds to
6 Although the “commonality and typicality requirements of Rule 23(a) tend to merge . . . each factor serves a discrete purpose. Commonality examines the relationship of facts and legal issues common to class members, while typicality focuses on the relationship of facts and issues between the class and its representatives.” Dukes, 603 F.3d at 613 n.37 (quotations and citations omitted).
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deny them a FAPE independent of any class members’ unique needs. Accordingly the Court finds that Rule 23(a)(3)’s typicality requirement has been satisfied.
D. Adequacy The final prerequisite to class certification under Rule 23(a) is that
“the representative parties will fairly and adequately protect the interests of the class.” Fed. R. Civ. P. 23(a)(4). The Court must consider if the named plaintiffs and their counsel: (1) have any conflict of interest with any other class members, and, (2) if the named plaintiffs and counsel will prosecute the action vigorously on behalf of the class. Dukes, 603 F.3d at 614; Hanlon, 150 F.3d at 1020 (citing Lerwill v. Infight Motion Pictures Inc., 582 F.2d 507, 512 (9th Cir. 1978).
Each of the named plaintiffs are represented by their parents who, according to their declarations, have all actively protected the rights of their children per the IDEA. Further, counsel for Plaintiff has significant experience in class action, civil rights and disability law litigation. (Mot. at 22.)
The HRDC also seeks to be a class representative. (Id.) The HRDC is a Hawaii non-profit corporation based in Honolulu whose mission it is to defend and enforce the legal rights of people with disabilities. (Mot., Dellera Decl. ¶ 4.) It has the authority to ensure the protection of, and advocacy for, the rights of individuals within the State who are disabled or mentally ill as a Protection and
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Advocacy organization pursuant to 42 U.S.C. §§ 10805, 15043 and 29 U.S.C. § 794e. (See id.)
Further, the HRDC has standing to maintain this action on behalf of its constituents. An organization may sue on behalf of its members if:
(a) its members would otherwise have standing to sue in their own right; (b) the interests it seeks to protect are germane to the organization's purpose; and (c) neither the claim asserted nor the relief requested requires the participation of individual members in the lawsuit. Hunt v. Washington State Apple Advertising Comm’n, 432 U.S. 333, 342 (1977). Although the HDRC does not have “members,” its constituent are the “functional equivalent of members for the purposes of associational standing.” Oregon Advocacy Center v. Mink, 322 F.3d 1101, 1110 (9th Cir. 2003) (finding that Oregon’s Protection and Advocacy organization had standing to sue on behalf of its constituents). Further, the interest it seeks to protect is germane to its purpose to defend and enforce the legal rights of people with disabilities. (Mot., Dellera Decl.) Finally, the third prong of the Hunt test is irrelevant with respect to Protection and Advocacy organizations as they are specifically authorized by federal statute to bring litigation on behalf of their constituents. See Mink, 322 F.3d at 1113 (“We hold that in light of the role Congress assigned by statute to
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advocacy organizations such as OAC, Congress abrogated the third prong of the Hunt test.”)
Defendant, for its part, disputes very little on this point. In two paragraphs, Defendant focuses on the individual named Plaintiffs and argue that “[d]ue to the individual needs of each of the three remaining Plaintiffs [excluding C.B.], it is possible that further conflict may develop during the course of their administrative appeals or in this litigation.” (Opp’n at 31–31.) As before, the Court is not persuaded. The focus of this litigation is not on the individual needs of any one student and whether these needs entitle them to a FAPE. Instead the issue is whether Act 163 provides sufficient independent grounds to deny a FAPE irrespective of their unique needs. The Court is not persuaded that in resolving this discrete legal issue a conflict would or could develop among the named Plaintiffs, especially given that each was denied a FAPE because they “aged out” as contemplated by Act 163. Accordingly, the Court finds the Plaintiffs have satisfied Rule 23(a)(4)’s adequacy requirement. II. Rule 23(b)
Plaintiffs may satisfy Rule 23(b) by meeting any of the three alternative criteria contained in 23(b)(1), (b)(2) or (b)(3). Here, Plaintiffs contend they satisfy 23(b)(2). Rule 23(b)(2) provides for the maintenance of a class action
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if “the party opposing the class has acted or refused to act on grounds generally applicable to the class, thereby making appropriate final injunctive relief or corresponding declaratory relief with respect to the class as a whole.” Fed. R. Civ. P. 23(b)(2). “Class certification under Rule 23(b)(2) requires that the primary relief sought is declaratory or injunctive.” Rodriguez v. Hayes, 578 F.3d 1032, 1051 (9th Cir. 2009) (internal quotations omitted) superseded on other grounds by Rodriguez v. Hayes, 591 F.3d 1105 (9th Cir. 2010). “The rule does not require [a court] to examine the viability or bases of class members' claims for declaratory and injunctive relief, but only to look at whether class members seek uniform relief from a practice applicable to all of them.” Rodrigues, 591 F.3d at 1125. “[I]t is sufficient to meet the requirements of Rule 23(b)(2) that ‘class members complain of a pattern or practice that is generally applicable to the class as a whole.’” Id. (quoting Walters v. Reno, 145 F.3d 1032, 1047 (9th Cir. 1998)). Further, “‘questions of manageability and judicial economy are . . . irrelevant to 23 (b)(2) class actions’” Id. (quoting Forbush v. J.C. Penney Co., Inc., 994 F.2d 1101, 1105 (5th Cir. 1993)).
The Court finds the Plaintiffs have satisfied this requirement as well. The party opposing the class—the DOE— has acted on grounds uniformly applicable to the entire class as required by Rule 23(b)(2). Specifically, the class
25

representatives have been denied a FAPE on the grounds that they have aged out
under Act 163. Indeed, Defendant admits as much, conceding that “Defendant has
taken uniform action based upon Act 163 in the cases of R.P.-K., R.D. and B.P.”
(Opp’n at 32.) Plaintiffs further request primarily declaratory and injunctive relief
in their complaint:
WHEREFORE, Plaintiffs pray that this Court: (a) Find and declare that the DOE’s refusal to provide Plaintiffs and the members of the Class with FAPEs violates the IDEA; (b) Find and declare that the DOE’s refusal to provide Plaintiffs and the members of the Class with FAPEs constitutes discrimination on account of disability in violation of Title II and Section 504; (c) Find and declare that the DOE is estopped from arguing that it has no obligation to provide FAPEs to Plaintiffs and the members of the Class; (d) Enjoin the DOE from failing to provide FAPEs to Plaintiffs and the members of the Class until they reach the age of twentytwo—both pending judgment in this matter and after judgment in this matter; (e) Award Plaintiffs their reasonable attorney’s fees, costs, and expenses under any applicable law;
(Compl. at 16.) The Ninth Circuit has been clear: “[I]t is sufficient to meet the
requirements of Rule 23(b)(2) that ‘class members complain of a pattern or
practice that is generally applicable to the class as a whole.’” Rodrigues, 591 F.3d
at 1125. (quoting Walters v. Reno, 145 F.3d 1032, 1047 (9th Cir. 1998)). Plaintiffs
here are complaining of a pattern of practice whereby special education students
are impermissibly denied a FAPE due to Defendant’s reliance on Act 163.
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In response, Defendant again focuses on the individualized nature of the IEP process in arguing that Plaintiffs have not satisfied Rule 23(b)(2). The Court is not persuaded for the reasons stated supra. The Court therefore finds that Plaintiffs have satisfied Rule 23(b)(2). III. Exhaustion of Administrative Remedies
Defendants finally argue that Plaintiffs have failed to exhaust their administrative remedies as each still have appeals pending before this Court or the Ninth Circuit. (Opp’n at 11–20.) As a general matter, the IDEA provides that
[n]othing in this title shall be construed to restrict or limit the rights, procedures, and remedies available under the Constitution, the Americans with Disabilities Act of 1990, title V of the Rehabilitation Act of 1973 or other Federal laws protecting the rights of children with disabilities, except that before filing a civil action under such laws seeking relief that is also available under this part, the procedures under subsections (f) and (g) shall be exhausted to the same extent as would be required had the action been brought under this part. 20 U.S.C. § 1415(l). The Ninth Circuit has been clear, “plaintiffs must exhaust administrative remedies before filing a civil lawsuit if they seek relief for injuries that could be redressed to any degree by the IDEA’s administrative procedures.” Kutasi v. Las Virgenes Sch. Dist., 494 F.3d 1162, 1162 (9th Cir. 2007).
Plaintiffs counter Defendant’s argument by noting that exhaustion of administrative remedies is not required “if it would be futile . . . or if the agency
27

has adopted a policy or pursued a practice of general applicability that is contrary to the law.” N.D. v. Hawaii Dep’t of Educ., 600 F.3d 1104, 1110 (9th Cir. 2010); see also Doe v. Ariz. Dep’t of Educ., 111 F.3d 678, 681–82 (9th Cir. 1997); Hoeft v. Tuscon Unified Sch. Dist., 967 F.2d 1298, 1303–04 (9th Cir. 1992).
As a preliminary matter, the Court believes Plaintiffs have already exhausted their administrative remedies. Section § 1415(l) requires exhaustion of subsections (f) and (g). Both (f) and (g), however, require exhaustion of administrative hearings at the state level. See 20 U.S.C. § 1415(f)(1)(A) (“Whenever a complaint has been received . . . the parents or the local educational agency involved in such a complaint shall have an opportunity for an impartial due process hearing, which shall be conduced by the State educational agency or by the local educational agency, as determined by State law . . . .”); 20 U.S.C. § 1415(g)(1) (“If the hearing required by subsection (f) is conducted by a local educational agency, any party aggrieved by the findings and decision rendered in such a hearing may appeal such findings and decisions to the State educational agency.”) Each of the named Plaintiffs have already exhausted their state administrative remedies and have appealed to this Court in parallel proceedings pursuant to 20 U.S.C. § 1415(i)(2)(A), as discussed supra. The Court can find nothing in the statute that suggests it must wait until the Court itself determines the
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outcome of the appeals before determining the applicability of Act 163 in the instant action. Indeed, the Court has control to “efficiently and economically control its docket” as it sees fit. Landis v. North American Co, 299 U.S. 248, 255 (1936); see also Leyva v. Certified Grocers of California, Ltd., 59. F.2d 857, 863–64 (9th Cir. 1979) (finding a court may proceed in a manner that is “efficient for its own docket and the fairest course for the parties . . .”). Accordingly, the Court finds that Plaintiffs have already exhausted the administrative remedies as provided by the IDEA.
Assuming arguendo, however, the IDEA exhaustion doctrine requires Plaintiffs to proceed with their appeals at the federal court level before commencing litigation challenging the validity of Act 163, the Court finds that Plaintiffs have sufficiently alleged facts which demonstrate Defendant has “adopted a policy or pursued a practice of general applicability that is contrary to the law” such that Plaintiffs need not exhaust their administrative remedies. N.D., 600 F.3d at 1110. The Ninth Circuit in Hoeft developed a two part test to determine whether a practice is “contrary to law” such that an IDEA claim need not be exhausted. First, the issue must arise when “only questions of law are involved in determining the validity of a policy, as when the policy facially violated the IDEA.” Hoeft, 967 F.2d at 1305. Second, a court must “afford[] the
29

agency an opportunity to consider and correct errors.” Id. at 1307. The Court finds the Plaintiffs have made this required showing.
First, whether Act 163 provides a sufficient independent ground for denying a FAPE to special education children who reach the age of twenty is a discrete legal question. The Court need not evaluate the individual facts of the case or determine whether the State had an obligation based on the Plaintiffs’ unique needs to provide a FAPE. It need only determine the applicability of Act 163. Second, the State had the opportunity to correct its alleged misplaced reliance on Act 163 in each of the named Plaintiffs’ cases. Instead, each Hearings Officer determined that Act 163 was sufficient in and of itself to terminate the Plaintiffs’ continued special education services. Accordingly the Court believes this is the precise scenario in which a Plaintiff does not have to exhaust administrative remedies under the IDEA as contemplated by the Ninth Circuit in Hoeft. Accordingly, the Court finds that Plaintiffs already have exhausted their administrative remedies or, in the alternative, were not required to do so.
CONCLUSION For the reasons stated above, the Court GRANTS IN PART and DENIES IN PART Plaintiffs’ Motion for Class Certification (Doc. # 15). Specifically the class is certified with R.P.-K., R.T.D., and the Hawaii Disability
30

Rights Center as the class representatives. C.B. and B.P., however, are ineligible to be class members or representatives and are hereby DISMISSED from the action.
IT IS SO ORDERED. DATED: Honolulu, Hawaii, March 15, 2011.
_____________________________ David Alan Ezra United States District Judge
R.P.-K, et al.. v. Department of Education, Civ. No. 10-00436 DAE/KSC; ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION
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FOR PUBLICATION
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

E.R.K., by his legal guardian R.K.; R.T.D., through his parents R.D. and M.D.; HAWAI’I DISABILITY RIGHTS CENTER, in a representative capacity on behalf of its clients and all others similarly situated,
Plaintiffs-Appellants,
v.

No. 12-16063 D.C. No.
1:10-CV-00436DAE-KSC
OPINION

STATE OF HAWAII DEPARTMENT OF EDUCATION,
Defendant-Appellee.

Appeal from the United States District Court for the District of Hawaii
David A. Ezra, District Judge, Presiding
Argued and Submitted June 12, 2013—Honolulu, Hawaii
Filed August 28, 2013
Before: Jerome Farris, Dorothy W. Nelson, and Jacqueline H. Nguyen, Circuit Judges.
Opinion by Judge D.W. Nelson

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E.R.K. V. STATE OF HAWAII DEP’T OF EDUC.

SUMMARY*

Individuals with Disabilities Education Act
Affirming in part and reversing in part the district court’s judgment after a bench trial in a class action, the panel held that a Hawaii statute violated federal law by establishing an age limit on public education.
The Hawaii statute, dubbed “Act 163,” barred both general-education students and students who received specialeducation services under the Individuals with Disabilities Education Act from attending public school after the last day of the school year in which they turned 20. The plaintiffs alleged that the state violated the IDEA, the Americans with Disabilities Act, and the Rehabilitation Act by denying public education to special-needs students aged 20 to 21 while offering it, in the form of a network of adult-education schools called Community Schools for Adults, to students without special needs. The Community Schools for Adults were exempt from the strictures of Act 163.
The panel held that Act 163 violated the IDEA, which restricts the power of states to establish age limits on specialeducation eligibility in certain circumstances. In an exception to these restrictions, 20 U.S.C. § 1412(a)(1)(B)(I) provides that a state’s duty to provide special education does not extend to children aged 18 through 21 “to the extent that [the duty’s] application to those children would be inconsistent with State law or practice . . . respecting the provision of
* This summary constitutes no part of the opinion of the court. It has been prepared by court staff for the convenience of the reader.

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E.R.K. V. STATE OF HAWAII DEP’T OF EDUC.

3

public education to children in those age ranges.” Referring to the IDEA’s legislative history, the panel held that § 1412(a)(1)(B)(I) meant that Hawaii could not deny special education to disabled students aged 18 through 21 if it in fact provided “free public education” to nondisabled students in that range of ages. The panel concluded that the diploma programs offered by the Community Schools for Adults constituted free public education because they were provided at public expense, under public supervision and direction, and without charge, and they involved secondary education. Accordingly, the panel reversed the district court’s judgment for the State of Hawaii Department of Education on the IDEA claim.

The panel affirmed the district court’s judgment for the Department of Education on the plaintiffs’ disability discrimination claims under the Americans with Disabilities Act and the Rehabilitation Act, holding that the plaintiffs did not establish the existence of reasonable accommodations that would make the Community Schools for Adults generally accessible to disabled students. The panel remanded the case to the district court.

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E.R.K. V. STATE OF HAWAII DEP’T OF EDUC.

COUNSEL

Paul Alston, Alston Hunt Floyd & Ing, Honolulu, Hawaii; Jason H. Kim (argued), Schneider Wallace Cottrell Brayton Konecky, LLP, San Francisco, California; Matthew C. Bassett & Jennifer V. Patricio, Hawaii Disability Rights Center, Honolulu, Hawaii, for Plaintiffs-Appellants.

David M. Louie, Carter K. Siu (argued), and Holly T. Shikada, Department of the Attorney General, Honolulu, Hawaii, for Defendant-Appellee.

OPINION
NELSON, Senior Circuit Judge:
Are state-funded high school diploma programs for adults who never graduated from high school a form of “public education”? 20 U.S.C. § 1412(a)(1)(B)(I). We conclude that they are. Accordingly, we hold that a Hawaii statute establishing an age limit on public education violates federal law, and reverse in part the district court’s entry of judgment in favor of the Defendant-Appellee.
Background
In 2010, the Hawaii state legislature enacted a law, dubbed “Act 163,” barring students from attending public school after the last day of the school year in which they turned 20:
No person who is twenty years of age or over on the first instructional day of the school

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E.R.K. V. STATE OF HAWAII DEP’T OF EDUC.

5

year shall be eligible to attend a public school. If a person reaches twenty years of age after the first instructional day of the school year, the person shall be eligible to attend public school for the full school year.

Haw. Rev. Stat. § 302A-1134(c). The law applies to both general-education students and students who receive specialeducation services under the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. § 1400 et seq.

The State of Hawaii Department of Education (“DOE”) administers public education in the state. In addition to conventional public high schools, the agency operates a network of adult-education schools called the Community Schools for Adults. DOE materials explain that the Community Schools for Adults offer “Adult Secondary Education” in the form of “tuition-free opportunities for adults and out-of-school youth to earn a high school diploma[.]” The DOE offers two diploma programs: the General Education Development (“GED”) program and the Competency Based program (“CB”).

The GED program prepares students to take the GED test, a national standardized high school equivalency exam. Students who achieve adequate scores on the GED test qualify for a high school diploma if they have also completed at least one semester of high school work at either an accredited high school in Hawaii or a Community School for Adults. A high school diploma earned via the GED program permits students to seek admission to the University of Hawaii system.

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E.R.K. V. STATE OF HAWAII DEP’T OF EDUC.

The CB program is a three-semester life-skills program designed to help students become “(1) Functionally literate adults; (2) Productive and contributing citizens/community members; (3) Effective family members; and (4) Productive workers.” The program emphasizes skills like household finance, civic participation, and health maintenance. To obtain a high school diploma in the CB program, students must complete all five CB courses, earn adequate scores on the various CB exams, and complete at least one “Career Goal,” such as finding a job or completing one credit of work at an accredited postsecondary institution.

The Community Schools for Adults are exempt from the strictures of Act 163. Both the GED and CB programs are open to any student 18 or older who lacks a high school diploma.1

These adult education programs have sparked litigation because they do not offer IDEA services to disabled students. Students who require special-education services to participate in the classroom cannot pursue diplomas in the Community Schools for Adults after aging out of public education under Act 163. But students without special needs can and do transition directly from Hawaii public high schools to the Community Schools for Adults.2

1 Sixteen- and seventeen-year-old students are eligible to enroll in the Community Schools for Adults if they have officially withdrawn from high school.
2 Between 2010 and 2012, 113 general-education students became ineligible for high school because of Act 163, and four enrolled in an adult school.

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E.R.K. V. STATE OF HAWAII DEP’T OF EDUC.

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Soon after Act 163 became law, four disabled students and their parents, together with the Hawaii Disability Rights Center, filed a class-action complaint in federal district court. The complaint asserted claims under the IDEA, the Americans with Disabilities Act (“ADA”), and the Rehabilitation Act, as well as an estoppel claim. The IDEA claim alleged that Act 163 violated federal law by denying public education to special-needs students aged 20 to 21 while offering it, in the form of the Community Schools for Adults, to students without special needs. The claims under the ADA and Rehabilitation Act alleged that the DOE’s exclusion of disabled students from adult education constituted disability discrimination under those statutes. The estoppel claim is not at issue in this appeal.

The district court certified a class consisting of all Hawaiian students entitled to special-education services but made ineligible for public education by Act 163. The Plaintiffs and the DOE filed cross-motions for summary judgment. The district court granted summary judgment to the DOE on the estoppel claim, but denied summary judgment to both parties on the remaining claims.

The parties then tried the case in a one-day bench trial. After trial, the district court ruled for the DOE on all three claims at issue. On the IDEA claim, the court held that Act 163 was consistent with federal law because the Community Schools for Adults did “not provide the equivalent of a secondary school education to general education students,” and because the DOE had no “systemic practice of offering the same or equivalent education to general education students who have aged out while eliminating education services for special education students.” On the ADA and Rehabilitation Act claims, the court held that the Plaintiffs

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E.R.K. V. STATE OF HAWAII DEP’T OF EDUC.

had made a prima facie case of disability discrimination, but did not meet their burden of identifying a reasonable accommodation that would allow disabled students to benefit meaningfully from the adult schools. The Plaintiffs3 timely appealed.

Analysis

1. IDEA claim.

We first must decide whether Act 163 runs afoul of the IDEA, which restricts the power of states to establish age limits on special-education eligibility in certain circumstances. We hold that it does.

The IDEA requires states to provide a “free appropriate public education” to all children with disabilities residing in the state “between the ages of 3 and 21, inclusive[.]” 20 U.S.C. § 1412(a)(1)(A). As a result, a student’s eligibility for IDEA services ordinarily ends on his twenty-second birthday. See L.A. Unified Sch. Dist. v. Garcia, 669 F.3d 956, 959 (9th Cir. 2012). The statute creates an exception to the age limit, however. A state’s duty to provide special education to children with disabilities does not extend to children aged 3 through 5 or 18 through 21 “to the extent that [the duty’s] application to those children would be inconsistent with State law or practice, or the order of any court, respecting the provision of public education to children in those age ranges.” 20 U.S.C. § 1412(a)(1)(B)(I).

3 In the remainder of our opinion, we use “E.R.K.” to refer to the class of Plaintiffs-Appellants as a whole. E.R.K., a class representative, is a student with autism who was receiving special-education services from the DOE at Roosevelt High School at the time of trial.

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We have never interpreted this exception to the IDEA’s default age limit, and the text is not completely pellucid. What does it mean for the IDEA’s application to students aged 18 to 21 to be “inconsistent with State law or practice . . . respecting the provision of public education” in a state? Id. The corresponding federal regulations are little help, as they simply reiterate the statutory language in nearly identical terms:

The obligation to make [a free and appropriate public education] available to all children with disabilities does not apply with respect to . . . [c]hildren aged 3, 4, 5, 18, 19, 20, or 21 in a State to the extent that its application to those children would be inconsistent with State law or practice . . . respecting the provision of public education to children of those ages.

34 C.F.R. § 300.102(a).

Happily, the IDEA’s legislative history sheds some light on the exception’s meaning. See Jonah R. v. Carmona, 446 F.3d 1000, 1005 (9th Cir. 2006) (“If the statute’s terms are ambiguous, we may use canons of construction, legislative history, and the statute’s overall purpose to illuminate Congress’s intent.”). The Senate Report accompanying the 1975 statute4 that created the exception

4 The legislation was enacted as the Education for All Handicapped Children Act. See Pub. L. 94-142, 89 Stat. 773 (1975). That legislation amended an earlier statute, the Education of the Handicapped Act. See Pub. L. 91-230, 84 Stat. 175 (1970). In 1990, the statute was renamed the

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10 E.R.K. V. STATE OF HAWAII DEP’T OF EDUC.
explains that states are free to elect not to provide special education to disabled students between 18 and 21, but only if they also elect not to provide “free public education” to nondisabled students:
This exception with respect to handicapped children aged three to five and aged eighteen to twenty-one, inclusive [in 20 U.S.C. § 1412(a)(1)(B)(I)] is intended to exempt states from the provisions of this Act establishing a timetable for providing a free appropriate public education in these age groups in the following circumstances: . . .
(2) where a State does not in fact provide or assure the provision of free public education to handicapped children in these age groups; . . . .
This exception shall not apply in the following circumstances:
(1) where a state does now in fact provide or assure the provision of free public education to non-handicapped children in these age groups . . . .
S. Rep. No. 94-168, 1442–43 (1975).
In light of this legislative history, we interpret § 1412(a)(1)(B)(I) to mean that Hawaii cannot deny special
Individuals with Disabilities Education Act. See Pub. L. 101-476 § 901(a)(3), 104 Stat. 1103, 1142 (1990).

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E.R.K. V. STATE OF HAWAII DEP’T OF EDUC. 11
education to disabled students aged 18 through 21 if it in fact provides “free public education” to nondisabled students in that range of ages.
The fate of Act 163 comes down to whether the diploma programs offered by the Community Schools for Adults constitute “free public education.” Act 163 makes some 20year-old and all 21-year-old students ineligible for public education in Hawaii. For disabled students, the Act functions as an age limit on eligibility for IDEA services. E.R.K. argues that by providing the GED and CB programs to nondisabled 20- and 21-year-olds, Hawaii offers public education on unequal terms. The DOE rejoins that the GED and CB programs are not “free public education” as the IDEA uses that term, so making them available to nondisabled 20- and 21-year-olds does not beget a concomitant obligation to publicly educate disabled students of the same ages.
To determine whether the adult-education programs are “free public education,” we naturally begin with the text of the IDEA. See Dzyuba v. Mukasey, 540 F.3d 955, 956 (9th Cir. 2008) (“[W]e construe the meaning of a given word by reference to the context of a particular statutory regime.”); see also Brown v. Gardner, 513 U.S. 115, 118 (1994) (“[T]here is a presumption that a given term is used to mean the same thing throughout a statute . . . .”). The IDEA does not offer a statutory definition of “free public education,” but it does explicitly define the closely related phrase “free appropriate public education” as “special education and related services” that:
(A) have been provided at public expense, under public supervision and direction, and without charge;

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12 E.R.K. V. STATE OF HAWAII DEP’T OF EDUC.
(B) meet the standards of the State educational agency;
(C) include an appropriate preschool, elementary school, or secondary school education in the State involved; and
(D) are provided in conformity with the individualized education program required under section 1414(d) of this title.
20 U.S.C. § 1401(9). Once we strip out those aspects of this definition that clearly relate to the education’s “appropriateness,” as opposed to its “free” and “public” character, we are left with a reliable index of what “free public education” means in § 1412(a)(1)(B)(I). The second and fourth criteria seem to delineate an education’s appropriateness. (Surely an education can be both free and public even if it is inappropriate because it fails to meet state standards or to conform with an individualized education program.) We are left with a bipartite definition: a “free public education” is one that is 1) provided at public expense, under public supervision and direction, and without charge; and 2) involves preschool, elementary, or secondary education.
The first prong of this definition is consistent with the plain meaning of “free public education.” A “public” institution is one that is “accessible . . . to all members of the community” and which “provid[es] services to the people . . . under some degree of civic or state control.” Webster’s Third New International Dictionary 1836 (1968). “Free” means “without charge.” Id. at 905. The second prong of the definition—that “free public education” means preschool,

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E.R.K. V. STATE OF HAWAII DEP’T OF EDUC. 13
elementary, or secondary education—is not apparent from the plain meaning of the phrase, but is derived from the IDEA’s limited scope. Because the IDEA applies only to preschool, elementary, or secondary education, see 20 U.S.C. § 1401(9), we do not think § 1412(a)(1)(B)(I) refers to public education outside those same categories.
The GED and CB programs clearly satisfy the first prong of the definition. The district court found, and neither party disputes, that the Community Schools for Adults are provided at public expense and are free to students. Nor does the DOE deny that the schools operate under its supervision and direction as a public agency.
The GED and CB programs also satisfy the second prong because they are programs of secondary school education. The DOE’s own officers acknowledge that the GED and CB high school diploma programs are designed “to ensure that the graduates are prepared for transitions to post secondary education[.]” If students are only able to pursue “postsecondary” education after they earn a high school diploma in the GED or CB programs, it stands to reason that those programs constitute “secondary” education. The record is replete with additional evidence that the DOE considers the GED and CB programs to offer a secondary education for adults. A section of the DOE’s website, titled “What are Community Schools for Adults?”, enumerates the “wide variety of courses” offered by the adult schools. The second item reads: “Secondary education . . . courses to complete your high school graduation requirements.” The DOE’s characterization of the adult school programs comports with the common-sense view that high school diploma programs are quintessentially secondary education, whether they are offered to teenagers or adults. Cf., e.g., 20 U.S.C. § 9201(3)

CasCea1s:e1:01-c2v--1060046336-SO08M/2-R8/T201D3ocumenIDt :1837459F1i0le3d 08D/2k8tE/1n3try:P3a3g-e114 Pofa2g3e: 14Poafg2e3ID #: 2644
14 E.R.K. V. STATE OF HAWAII DEP’T OF EDUC.
(describing the purpose of the Adult Education and Family Literacy Act of 1998 as “assist[ing] adults in the completion of a secondary school education”); see also id. § 1001(a)(1)–(2) (noting that an “institution of higher education” is one that “provide[s] a program of education beyond secondary education” and only accepts students with secondary-education diplomas).
Our conclusion that the GED and CB programs are a form of public secondary education is buttressed by the fact that the Community Schools for Adults meet the IDEA’s definition of “secondary school.” The IDEA defines “secondary school” as a
nonprofit institutional day or residential school, including a public secondary charter school, that provides secondary education, as determined under State law, except that it does not include any education beyond grade 12.
Id. §1401(27). The record establishes that the Community Schools for Adults are nonprofit day schools that do not educate students beyond grade 12; only students who never graduated from twelfth grade can pursue a GED or CB diploma. And to the extent that Hawaii law substantively defines “secondary education” at all, the GED and CB programs seem to qualify. The state statute defining the “scope of adult and community education programs offered” in Hawaii states that “instructional programs shall be initiated” in various fields, including a program of “secondary education for those adults who, in youth, left school or for some reason had their education curtailed and who now desire to continue their education . . . .” Haw. Rev. Stat.

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E.R.K. V. STATE OF HAWAII DEP’T OF EDUC. 15
§ 302A-433. The GED and CB programs obviously fulfill this legislative mandate.5
We are therefore persuaded that the Community Schools for Adults offer “secondary education”—and hence that the state offers “free public education” to nondisabled students over 18 and under 22.
The DOE makes three arguments that, in spite of the statutory text, the Community Schools for Adults do not in fact offer free public education. First, the DOE urges us to distinguish “conventional” or “traditional” secondary education offered in Hawaiian high schools from the less demanding GED and CB programs. To earn an ordinary high school diploma, the DOE points out, students must accumulate 120 credit hours in various academic subjects. The GED and CB diploma programs are structured differently. The GED program consists of a series of targeted preparatory courses in the GED examination subjects, and the CB program is largely nonacademic, focusing instead on personal and vocational skill development. The differences extend to postsecondary opportunities. Both the University of
5 Of course, the fact that the Community Schools for Adults meet the definition of “secondary schools” under the IDEA does not mean that Hawaii could comply with the IDEA simply by amending its laws to exclude adult-education programs from the ambit of “secondary education.” A state’s definition of “secondary education” determines whether an institution qualifies as a “secondary school” under the IDEA. 20 U.S.C. § 1401(27). State law alone, however, does not dictate whether a program is a form of secondary education—and, by extension, whether it constitutes “free public education.” As we have explained, high school diploma programs are paradigmatic examples of secondary education, and Hawaii is not free to reclassify the GED and CB programs as nonsecondary education in an effort to read them out of the definition of free public education.

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16 E.R.K. V. STATE OF HAWAII DEP’T OF EDUC.
Hawaii system and the military, for instance, favor students with conventional high school diplomas over students with the GED diploma.
The DOE urges that the differences between “conventional” high schools in Hawaii and the Community Schools for Adults are so substantial that both school systems cannot offer secondary education. The district court made much the same argument when it entered judgment in the DOE’s favor: the district court held that the GED and CB programs “do not provide the equivalent of a secondary school education” because the “educational curriculum, requirements, and experience of the adult programs are dramatically different from those of a traditional public high school.”
Nothing in the IDEA, however, supports the proposition that a program constitutes “secondary education” or “free public education” only if it is structurally identical to the ordinary public high school curriculum offered to nondisabled students. The DOE’s brief cites no cases or statute in support of the interpretation it proposes. Instead, the DOE asks us to contrive an atextual distinction between authentic and ersatz secondary education and impose it on the statutory text. It is particularly unlikely that the IDEA’s definitions incorporate such a distinction because, as we have noted, the statute construes education broadly. See 20 U.S.C. § 1401(29) (“The term ‘special education’ means specially designed instruction, at no cost to parents, to meet the unique needs of a child with a disability, including . . . instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings[.]”); see also, e.g., Seattle Sch. Dist., No. 1 v. B.S., 82 F.3d 1493, 1500 (9th Cir. 1996) (noting that the IDEA reflects a holistic concept of

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E.R.K. V. STATE OF HAWAII DEP’T OF EDUC. 17
educational benefit, including “the handicapped child’s academic, social, health, emotional, communicative, physical and vocational needs” (internal quotation marks omitted)). Education for high-school-aged students with disabilities often differs dramatically from “conventional” secondary education. See, e.g., Park ex rel. Park v. Anaheim Union High Sch. Dist., 464 F.3d 1025, 1030–31 (9th Cir. 2006) (per curiam) (involving an educational program for a high school student that included a full-time special day class and instruction in “buttoning, zipping and toilet training”). In light of the variety of specialized secondary education the IDEA makes available to disabled students, it is simply implausible that the phrase “free public education” in the § 1412(a)(1)(B)(I) exception refers narrowly to a “conventional” high school curriculum.6
Second, the DOE argues that an opinion letter from the United States Department of Education establishes that GED courses are not “secondary education.” The opinion letter states that school districts are “not required to provide [IDEA services to] students who have left traditional secondary education programs and entered a GED test preparation program” unless “the State considers the GED test preparation program to be a part of an appropriate secondary
6 We are also skeptical that the differences between the diploma programs are as significant as the DOE claims. The record contains a flowchart, prepared by the DOE, which “illustrates the three methods by which the high school diploma may be earned.” The flowchart shows that all three paths—the “Credit Method,” the “GED Test Method,” and the “[CB] Method”—lead to the same result: a “Hawaii Department of Education High School Diploma.” Surely the programs’ common characteristic—that they all lead to “the high school diploma”—is more relevant to their status as “secondary education” than differences in curriculum, structure, and rigor.

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18 E.R.K. V. STATE OF HAWAII DEP’T OF EDUC.
education.” The letter does not alter our analysis, because E.R.K. is not arguing that the Community Schools for Adults must provide IDEA services. At most, the letter reflects the United States Department of Education’s view that not all GED preparation programs are necessarily part of an “appropriate secondary education.” The letter sheds no light at all on whether all GED preparation programs constitute secondary education simpliciter. But we need not broach that question, because we have already decided that Hawaii’s GED diploma program is unambiguously a program of secondary education.
Finally, the DOE argues that the IDEA’s definition of “transition services,” which school districts must offer when a student ages out of IDEA eligibility, proves that adult education and secondary education are mutually exclusive. The IDEA defines “transition services” as
a coordinated set of activities for a child with a disability that . . . is focused on improving the academic and functional achievement of the child with a disability to facilitate the child’s movement from school to post-school activities, including post-secondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation . . . .
20 U.S.C. § 1401(34) (emphasis added). The DOE argues that, by offering “adult education” as an example of a “postschool activity,” the IDEA’s drafters intended to distinguish adult education from secondary education. But of course it is

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E.R.K. V. STATE OF HAWAII DEP’T OF EDUC. 19
self-evident that “adult education” and “secondary education” are not coterminous. Hawaii’s adult schools offer adulteducation courses in parenting and sewing,7 but it is unlikely that these courses constitute secondary education. The use of the phrase “adult education” in connection with transition services does not imply mutual exclusivity between “adult education” and “secondary education.”
None of the DOE’s arguments sway us from our conclusion that the Community Schools for Adults offer “free public education” to students who do not require IDEA services. The DOE offers, at taxpayer expense, the opportunity for nondisabled 20- and 21-year-olds to complete their secondary educations and earn high school diplomas. Providing IDEA services to disabled children of those ages would therefore be consistent with “State law or practice . . . respecting the provision of public education,” so the state must do so. 20 U.S.C. § 1412(a)(1)(B)(I).
Our conclusion is unchanged by the district court’s finding that the DOE does not “usher” or “steer” nondisabled students into the GED and CB programs once they age out of the conventional high schools. As the legislative history makes clear, the question is whether a state “provide[s] or assure[s] the provision of free public education to non-[disabled] children.” S. Rep. No. 94-168, 1442–43. A state’s duty to educate disabled children until they turn 22 is only excused if free public education is foreclosed to disabled
7 See http://165.248.6.166/data/schoollist_csa.asp (noting that the Community Schools for Adults offer “[h]omemaking and parenting” courses”) (last visited August 1, 2013); http://www.waipahucs.k12.hi.us/ courses/2013/Summer%202013/WCSA%20Sum%202013.pdf (listing three sections of a course called “Sewing”) (last visited August 1, 2013).

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20 E.R.K. V. STATE OF HAWAII DEP’T OF EDUC.
and nondisabled students alike. Whether a state encourages nondisabled students to take advantage of what free public education is available is irrelevant.
Indeed, though their numbers are small—only 3.5% of the general education students affected by Act 163 between 2010 and 2012 transitioned to an adult diploma program—the fact that any students at all transitioned directly to the GED and CB programs after aging out of the state high school system confirms that the state “provides” free public education to 20and 21-year-olds. Those students who made the transition belie the district court’s finding that “the GED and CB programs are not a continuation of a traditional high school education.”
By passing the IDEA, Congress intended “to open the door of public education to all qualified children[.]” Cedar Rapids Cmty. Sch. Dist. v. Garret F. ex rel. Charlene F., 526 U.S. 66, 78 (1999) (internal quotation marks and citation omitted). If Hawaii legislators wish to shut the door to students once they turn 20, that is their prerogative—but they must shut them to all students, regardless of disability. Act 163 reinstates the benighted two-track system that prevailed before the IDEA was passed, when disabled students were often “totally excluded from schools[.]” Bd. of Educ. of Hendrick Hudson Cent. Sch. Dist., Westchester Cnty. v. Rowley, 458 U.S. 176, 191 (1982) (internal quotation marks and citation omitted). In Hawaii’s two-track system, nondisabled students between the ages of 20 and 22 can pursue the diplomas that eluded them in high school, but students with special needs are simply out of luck.
The GED and CB programs—unfettered by the obligation to address the needs of disabled students—are surely much

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E.R.K. V. STATE OF HAWAII DEP’T OF EDUC. 21
cheaper to operate than a public-school system with a full complement of special-education services. But the IDEA stands for the principle that exclusion is a false economy unbefitting a society committed to the complete integration of its disabled citizens.
2. ADA and Rehabilitation Act claims.
E.R.K. next argues that the district court erred when it ruled in the DOE’s favor on his disability discrimination claims.
To establish a prima facie case of disability discrimination under the ADA, a plaintiff must prove that:
(1) he is an individual with a disability; (2) he is otherwise qualified to participate in or receive the benefit of some public entity’s services, programs, or activities; (3) he was either excluded from participation in or denied the benefits of the public entity’s services, programs, or activities, or was otherwise discriminated against by the public entity; and (4) such exclusion, denial of benefits, or discrimination was by reason of [his] disability.
McGary v. City of Portland, 386 F.3d 1259, 1265 (9th Cir. 2004) (alteration in original) (quoting Thompson v. Davis, 295 F.3d 890, 895 (9th Cir. 2002) (per curiam)) (internal quotation marks omitted). A prima facie case under the Rehabilitation Act is identical, except that the plaintiff must also prove that the relevant program receives federal financial

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22 E.R.K. V. STATE OF HAWAII DEP’T OF EDUC.
assistance. See Duvall v. Cnty. of Kitsap, 260 F.3d 1124, 1135 (9th Cir. 2001).
Under both statutes, a plaintiff who requires an accommodation to meet a program’s essential eligibility requirements can establish the “otherwise qualified” element of the prima facie case only by producing “evidence of the existence of a reasonable accommodation . . . .” See Zukle v. Regents of the Univ. of Cal., 166 F.3d 1041, 1046–47 (9th Cir. 1999) (emphasis added).
E.R.K.’s complaint identifies “[t]he DOE’s provision of public education” as the “service, program, or activity” from which he was allegedly excluded. But the only programs the DOE provides on a discriminatory basis are the GED and CB adult education programs; Act 163 forecloses all other publiceducation programs to disabled and nondisabled students alike. Thus, the question is whether the GED and CB programs are available to disabled individuals “who, with or without reasonable accommodations, meet the essential eligibility requirements to participate.” Pierce v. Cnty. of Orange, 526 F.3d 1190, 1222 (9th Cir. 2008).
E.R.K. did not establish a prima facie case of disability discrimination because he failed to produce “evidence of the existence of a reasonable accommodation.” Zukle, 166 F.3d at 1047. E.R.K. did not identify changes to the structure or curriculum of the Community Schools for Adults that would make them generally accessible to disabled students. Instead, the accommodation he proposed was simply that the DOE maintain disabled students’ special-education placements until their twenty-second birthdays. That accommodation would do nothing to help disabled students access the GED and CB programs. Retaining students in their publicly funded

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E.R.K. V. STATE OF HAWAII DEP’T OF EDUC. 23
special-education placements might be a reasonable accommodation if E.R.K. were alleging that disabled students are excluded from the Hawaiian public-education system as a whole. But the accommodation would represent a “fundamental” change to the Community Schools for Adults in particular—and the DOE is not required to make fundamental modifications to accommodate disabled students. Alexander v. Choate, 469 U.S. 287, 300 (1985).
Conclusion
Through its Community Schools for Adults, the State of Hawaii offers public education to nondisabled students between the ages of 20 and 22. As long as it continues to do so, the IDEA requires the state to continue to provide a free and appropriate public education to disabled students who have not yet obtained the age of 22. The Plaintiffs did not, however, prove that the same result is necessary as a reasonable accommodation. Accordingly, we affirm the district court’s judgment for the DOE on the ADA and Rehabilitation Act claims, and reverse the district court’s judgment for the DOE on the IDEA claim.
Costs on appeal shall be awarded to Plaintiffs-Appellants.
AFFIRMED in part, REVERSED in part, and REMANDED.

 
 IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF HAWAII

R.P.-K., through his parent C.K., et )

al.,

)

)

Plaintiffs,

)

)

vs.

)

)

DEPARTMENT OF EDUCATION, )

STATE OF HAWAII,

)

)

Defendant.

)

_____________________________ )

Civ. No. 10-00436 DAE-KSC

FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION

The Court tried this case without a jury on February 28, 2012. Jason

H. Kim, Esq., Matthew C. Basset, Esq., and Louis Erteschik, Esq., appeared at the

hearing on behalf of Plaintiffs; Deputies Attorney General Carter K. Siu and Gary

Suganuma appeared at the hearing on behalf of Defendant Department of

Education, State of Hawaii (“Defendant” or “DOE”). At the close of Plaintiffs’

case in chief, Defendant made an oral motion for judgment as a matter of law

pursuant to Rule 50 of the Federal Rules of Civil Procedure and the Court took the

matter under advisement. (Trial Transcript (“TR”) at 89:10–14.)

The instant class action lawsuit was filed on July 27, 2010 by

Plaintiffs the Hawaii Disability Rights Center (“HDRC”), R.P.-K. through his

parent C.K., and R.T.D. through his parents R.D. and M.D. against the DOE for injunctive and declaratory relief. Plaintiffs are challenging the validity of Act 163 of the Session Laws of Hawaii for 2010 (“Act 163”), arguing that it violates the Individuals with Disabilities Education Act (“IDEA”), Section 504 of the Rehabilitation Act (“Rehab Act”), and Title II of the Americans with Disabilities Act (“ADA”).1 (Doc. # 1.)
This Court has jurisdiction over this action pursuant to 28 U.S.C. § 1331 because Plaintiffs’ claims arise under federal law. Venue is proper pursuant to 28 U.S.C. § 1391 because the DOE resides in the District of Hawaii and the events and omissions giving rise to Plaintiffs’ claims occurred within this District.
This Court has considered the evidence submitted, made determinations as to relevance and materiality, assessed the credibility of the witnesses and evidence, and ascertained the probative significance of the evidence presented. Upon consideration of the above, the Court finds the following facts by a preponderance of the evidence, and in applying the applicable law to such factual
1Plaintiffs also brought a fourth claim arguing that the doctrine of judicial estoppel precludes Defendant from denying Plaintiffs a special education under the IDEA. On September 19, 2011, the Court granted summary judgment in favor of Defendant on Plaintiffs’ estoppel claim.
2

findings, makes the following conclusions of law. To the extent any findings of fact as stated may also be deemed to be conclusions of law, they shall also be considered conclusions of law; similarly, to the extent any conclusions of law as stated may be deemed findings of fact, they shall also be considered findings of fact. See Ratanasen v. State of Cal., Dep’t of Health Servs., 11 F.3d 1467, 1469 (9th Cir. 1993) (citing In re Bubble Up Delaware, Inc., 684 F.2d 1259, 1262 (9th Cir. 1982)). I. FINDINGS OF FACT
1. The HDRC is a Hawaii non-profit corporation based in Honolulu, Hawaii. (“Stipulation,” Doc. # 114 ¶ 1.) It is the designated Protection and Advocacy organization for Hawaii. (Id.) Its mission – defined by federal law (29 U.S.C. § 794e and 42 U.S.C. §§ 10801 et seq. and 15001 et seq.) and state law (Haw. Rev. Stat. § 333F-8.5) – is to defend and enforce the legal rights of people with disabilities. (Id.) It serves disabled persons throughout the State. (Id.)
2. The HDRC is pursuing this action to protect and advocate for the rights and interests of individuals with a “developmental disability” and other individuals with disabilities, as those terms are defined in 42 U.S.C. § 15002 and 29 U.S.C. § 794e. (Id. ¶ 3.) The individuals are the HDRC’s constituents. (Id.) These constituents have a significant developmental disability or other impairment
3

that substantially limits one or more major life activities, including personal care, working, and sleeping. (Id.) They are therefore individuals with disabilities for purposes of the ADA and RA. (Id.) The HDRC’s constituents are represented on the HDRC’s Board of Directors and PAIMI Advisor Counsel and have the right to exercise a grievance procedure to assure that they have access to the Protection and Advocacy system, pursuant to 29 U.S.C. § 794e(f)(6), 42 U.S.C. § 10805(c)(1)(B), and 42 U.S.C. § 10805(a)(6)(B-C). (Id. ¶ 2.)
3. R.T.D. was born on June 24, 1990. He has been diagnosed with Downs Syndrome, mental retardation, Autism Spectrum Disorder, and Obsessive Compulsive Disorder. (Id. ¶¶ 7–8.) R.T.D. is also hearing and vision impaired, has limited communication skills, and requires constant supervision in his daily activities to avoid harming himself or others. (Id. ¶ 8.)
4. R.T.D. attended Kaleheo High School from 2005 through the end of 2011 and received special education services from the DOE there. (Id. ¶ 9.) On June 28, 2010, the DOE advised R.T.D.’s father, R.D., that special education services would cease after July 30, 2010 because R.T.D. was over 20 years old. (Id. ¶ 10.) R.D. subsequently filed a Request for Due Process Hearing on behalf of R.T.D. (Id. ¶ 11.)
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5. E.R.K. was born on January 29, 1992. (Id. ¶ 13.) He has been diagnosed with Autism Spectrum Disorder and is currently receiving special education services from the DOE at Roosevelt High School. (Id. ¶¶ 14–15.) Pursuant to Act 163, the DOE will deem E.R.K. to be ineligible for continuing special education after the last day of the 2011-12 extended school year, which ends July 2012. (Id. ¶ 15.) E.R.K. and his legal guardians wish for E.R.K. to continue to receive special education services until he reaches the age of 22. (Id. ¶ 16.)
6. On March 15, 2011, the Court granted in part Plaintiffs’ Motion for Class Certification and certified the following class:
All individuals residing in the State of Hawaii who over the age of 20 on or before the first day of the school year (or who will imminently be over the age of 20 on that date) but under the age of 22 who are entitled to receive special education and related services from Defendant the Hawaii Department of Education under the Individuals with Disabilities Act. (Doc. # 31.) The Court approved R.P.-K., R.T.D., and the HDRC to serve as class representatives. (Id.) On February 27, 2012, the parties stipulated that E.R.K., by and through his legal guardian R.K., would be added as a plaintiff and class representative and that R.P.-K., by and through his parent C.K., would be dismissed as a plaintiff and class representative. (Stipulation at 2.)
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7. The DOE is the agency responsible for Hawaii’s public school system. (TR at 9:13–15.) The DOE receives federal funding for some of its programs and activities. (TR at 16–18.)
8. In 2010, the State of Hawaii enacted Act 163, which provides, in relevant part, as follows:
No person who is twenty years of age or over on the first instructional day of the school year shall be eligible to attend a public school. If a person reaches twenty years of age after the first instructional day of the school year, the person shall be eligible to attend public school for the full school year. Haw. Rev. Stat. § 302A-1134(c). 9. The DOE has not interpreted Act 163 to impose a maximum age for enrollment in its Community Schools for Adults. (TR at 10:18–25.) Therefore, students at the Community Schools for Adults have not been disqualified from participating in the adult education programs on account of their age as a result of Act 163. (TR at 11:1–10.) 10. The DOE offers two programs in its Community Schools for Adults: (1) the General Education Development test (“GED”) program, and (2) the Competency-Based (“CB”) diploma program. (TR at 12:12–18.) In addition to these two programs, the Community Schools for Adults offer review classes for people who want to be refreshed on certain subjects. (TR at 25:1–19.)
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11. IDEA services are not offered in the GED and CB programs. (TR at 28:4–7.)
12. Generally speaking, an individual must be over eighteen to enroll in the GED and CB programs but there is no maximum age limitation. (TR at 26: 2–13.) There are essentially no prerequisites for admission other than that a student not have a high school diploma. (TR at 26:11–27:10.) Although students are charged nominal fees for books, testing, and other miscellaneous expenses, the programs are tuition free and almost entirely funded by state and federal funds. (TR at 24:10–20.)
13. In communications to the general public and the United States Department of Education, the DOE describes the GED and CB programs as constituting a secondary education. (Pl Exs. 2–5, 6, 10, 12; TR at 13:24–14:3, 52:12–53:11.) The DOE considers these programs to fall under the overall umbrella term of “secondary education” because it constitutes a form of education after one’s primary education. (TR at 67:15–23.) However, the substance of the education and the credits earned in the Community Schools for Adults are very different from that of a conventional secondary education in a regular high school. (TR at 67:15–68:2.)
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14. The GED program is designed to prepare students for the GED test, a national standardized exam created by the GED Testing Service. (TR at 110:2–3; Pl. Ex. 8.) The GED Testing Service establishes the passing standards and grades the tests. (Id.) The DOE merely administers the GED test and offers the GED preparation course. (TR at 78:12–13.) However, there is no requirement that a student take the GED preparation course before they take the GED test. (Pl. Ex. 6; TR 19:1–9.)
15. The GED preparation course offered at the Community Schools for Adults provides an overview of subjects covered on the exam and test-taking strategies. (Pl. Ex. 10; TR at 37:22–38:3, 71:9–14.) The program does not offer separate classes for particular subjects such as math or science, but rather provides a single test preparation class that is more akin to an SAT prep course where students learn to take and pass the test. (TR at 37:22–38:3, 71:12–22.) The class meets twice a week and lasts approximately three months. (Pl. Ex. 10.) The prep course provides a review of basic reading, math, and writing skills. (Pl. Ex. 10.) The substantive content, level of detail, and overall difficulty of the prep course is nowhere near that of academic courses offered at regular public high schools. (TR at 38:4–15.) The prep course is also standardized, and therefore a student who has finished his/her 11th year of high school would take the same course as someone
8

who has never attended high school. (TR at 76:16–19.) In short, the prep course is strictly designed to help individuals pass the GED test. (Pl. Ex. 6.)
16. In order to obtain a high school GED diploma through the GED program, an applicant must: (1) successfully complete at least one semester at an accredited school in Hawaii or one of the Community Schools for Adults and (2) pass the GED test with an average standard score of 450 for the combined five subtests with no individual sub test score below 410. (Pl. Ex. 4, 6, 10.)
17. The CB program is a program unique to Hawaii that focuses on life skills and does not overlap or relate to the GED program in any way. (TR at 21:11–18, 109:16–19.) The CB program is not based on any kind of academic standard, but rather on Hawaii content and performance standards. (TR at 71:5–8.) It is designed to enable adult learners “to become (1) [f]unctionally literate adults; (2) [p]roductive and contributing citizens/community members; (3) [e]ffective family members; and (4) [p]roductive workers.” (Pl. Ex. 11; TR at 71:5–8.) The program focuses on the following five subject areas: community resources, consumer economics, government and law, health, and occupational knowledge. (Pl. Ex. 11.) Some of the topics covered in CB classes are money management, consumer decision-making, meal planning, and job search strategies. (Pl. Ex. 11.) Notably, none of the subjects covered in the CB program are the same as the core
9

subject areas in which students must earn credits to graduate from a traditional

public high school. (Pl. Exs. 4, 11.) For example, the CB program does not offer

any courses in English, Social Studies, Mathematics, and Science. (Pl. Ex. 11.)

18. In order to obtain a high school CB diploma through the CB program,

a student must: (1) pass all five units and score 70% or better on the CB cumulative

test and (2) complete one credit of work at an accredited post secondary institution,

be employed, obtain or possess a marketable skill, or demonstrate home or life

management skills. (Pl. Ex. 11.)

19. The traditional secondary education program offered in public high

schools is significantly different from the Community Schools for Adult programs.

(TR at 70:7–16.) The education provided in public high schools is based on state

standards and involves substantially more rigor. (TR at 38:4–15, 70:8–16,

107:17–118:5.) In order to graduate from a public high school, a student must earn

24 credits. (Pl. Ex. 4.) The credits must be earned in certain core subject areas, as

outlined below:

SUBJECT

CREDIT REQUIREMENTS

English

4

Social Studies

4

Mathematics

3

Science

3

World Language

2

Physical Education

1

10

Health

½

Pers/Trans Plan

½

Electives

6

(Pl. Ex. 4.) Each credit amounts to approximately 120 hours of class instruction

time. None of the courses in the Community Schools for Adults earn students

credits that can be applied toward a traditional high school diploma. (TR at

73:24–74:1.) Additionally, the classes offered in traditional middle and high

schools are not available in the Community Schools for Adults. (TR at 73:1–20.)

20. Each diploma identifies the specific school where the diploma was

earned. For example, a high school CB diploma from the Farrington adult school

would say “awarded by Farrington Community School for Adults.” (TR at

21:25–22:6.)

21. In the absence of a traditional high school diploma, University of

Hawaii at Manoa (“UHM”) and other Hawaii colleges will accept and use the GED

test scores to determine admissibility. (TR at 43:12–21; Pl. Ex. 9.) On the other

hand, many colleges, including UHM, do not accept or recognize the CB high

school diploma. (TR at 22:12–14, 118:1–10.) However, a high school diploma is

not necessary to obtain an Associate’s Degree from a community college. (TR at

118:6–9.) The military does not consider the GED to be a functional equivalent of

a high school diploma for enlistment purposes. (Df. Exs. 502–504.)

11

22. Some of the educational options available to adults over the age of twenty without a high school diploma include the GED and CB programs in the Community Schools for Adults, community college, Job Corps, or trade school. (TR at 96:4–95:2.)
23. At the conclusion of the 2009-2010 school year, fifty-one (51) general education students were ineligible to continue their public high school education because of Act 163. (TR at 62:4–63:5; Pl. Ex. 15.) One (1) out of the fifty-one (51) aged-out students enrolled in a program at a Community School for Adults for the 2010-2011 school year. (TR at 80:8–17; Pl. Ex 15.)
24. At the conclusion of the 2010-2011 school year, sixty-two (62) general educations were ineligible to continue their public high school education because of Act 163. (TR at 80:18–20; Pl. Ex. 15.) Three (3) out of the sixty-two (62) aged-out students enrolled in a program at a Community School for Adults for the 2011-2012 school year. (TR at 80:20–23; Pl. Ex. 15.)
25. It is therefore clear that virtually every person enrolled in the GED and CB programs is not a student coming directly from a public high school, but rather an adult returning to enroll in these programs. It is also clear that the GED and CB programs are not a continuation of a traditional high school education, nor are they the functional equivalent of a traditional high school education.
12

II. CONCLUSIONS OF LAW
A. Rule 50 Motion
26. Federal Rule of Civil Procedure 50(a) provides:
(1) If a party has been fully heard on an issue during a jury trial and the court finds that a reasonable jury would not have a legally sufficient evidentiary basis to find for the party on that issue, the court may:
(A) resolve the issue against the party; and (B) grant a motion for judgment as a matter of law against the party on a claim or defense that, under the controlling law, can be maintained or defeated only with a favorable finding on that issue.
Fed. R. Civ. Proc. 50(a).
27. Because the claims at issue were tried to the Court in a bench trial, Rule 50,
which applies to jury trials, is not applicable. Therefore, Defendant’s Rule 50
motion is denied.
B. IDEA Claim (Count I)
28. The IDEA requires each state to provide a free appropriate public
education (“FAPE”) to “all children with disabilities . . . between the ages of 3 and
21, inclusive . . . .” 20 U.S.C. § 1412(a). This Court previously determined that
federal eligibility for special education and related services therefore ends on a
student’s twenty-second birthday. B.T. v. Dep’t of Educ., 637 F. Supp. 2d 856,
863–64 n.9 (D. Haw. 2009). States, however, may impose different age
13

restrictions, provided those limitations are applied broadly to general education
students as well. The statute provides that:
The obligation to make a free appropriate public education available to all children with disabilities does not apply with respect to children–
(i) aged 3 through 5 and 18 through 21 in a State to the extent that its application to those children would be inconsistent with State law or practice, or the order of any court, respecting the provision of public education to children in those age ranges.
20 U.S.C. § 1412(a)(1)(B). Pursuant to this exception, a state may lower the age
limit for FAPE eligibility to as little as eighteen, provided that it is done in a
manner consistent with the State’s “provision of public education” to all children
of that age.
29. The Ninth Circuit has explained the underlying purposes of the IDEA
as follows:
Congress has been very clear about stating its overarching goals in relation to the IDEA. Part of Congress’s concern was that “children were excluded entirely from the public school system and from being educated with their peers.” 20 U.S.C. § 1400(c)(2)(B) (2006). To alleviate that, disabled children were to have “access to the general education curriculum in the regular classroom, to the maximum extent possible.” § 1400(c)(5)(A). We extract from the statute that the overarching goal of the IDEA is to prevent the isolation and exclusion of disabled children, and provide them with a classroom setting as similar to non-disabled children as possible.
N.D. v. Haw. Dep’t of Educ., 600 F.3d 1104, 1115 (9th Cir. 2010).
14

30. On September 19, 2011, this Court issued an Order: (1) Denying Plaintiffs’ Motion for Summary Judgment Without Prejudice; (2) Granting in Part and Denying in Part Without Prejudice Defendant’s Motion to Dismiss, or in the Alternative, for Summary Judgment; and (3) Denying Plaintiffs’ Renewed Motion for a Preliminary Injunction Without Prejudice. (Doc. # 79.) In that Order, the Court held that the term “public education” as used in the age governing provision of the IDEA, 20 U.S.C. § 1412(a)(1)(B)(i), refers to an educational program which in practice provides a secondary education or its functional equivalent to students. (Id. at 20.) The Court explained that:
To determine whether a state has validly changed the age range in which a special education student is entitled to a FAPE per the age governing provision, a court must look at state law or practice and determine whether there are any educational programs which provide the functional equivalent of a secondary education to non-disabled students with regularity. (Id. at 20–21.) 31. In the B.T. case, Plaintiff B.T. was a severely autistic twenty-year-old. B.T., 637 F. Supp. 2d at 859. He argued that extending a FAPE to the age of twenty-two was consistent with Hawaii law and that the DOE’s policy of terminating special education services at the age of twenty was invalid given the practice of the State of Hawaii. See id. at 862–65. The DOE’s practice was “to
15

require overage general education and special education eligible students to obtain the permission of the principal to attend school.” Id. at 864. The evidence before the Court demonstrated that the principals had “approved every single overage general education student and barred almost every single overage special education student.” Id. at 865. In light of this blatant discrimination, this Court held that “Hawaii [had denied] these students a meaningful education” and violated the IDEA and Rehab Act. Id. at 865–66. Hawaii therefore was “enjoined from implementing a per se rule denying special education services based solely on [the students] attaining the age of 20.” Id. at 866. In other words, this Court found that the State could not lower the age limit for FAPE eligibility since doing so was not consistent with the State’s practice of admitting every single overage general education student who sought permission to attend a public high school.
32. The facts of this case are readily distinguishable from B.T. Hawaii state law, as set forth in Act 163, imposes a blanket age limit of twenty on all admissions to public high schools. Haw. Rev. Stat. § 302A-1134(c). Unlike in B.T., the evidence before this Court does not establish that the DOE had a practice of providing a secondary school education to overage general education students.
33. Specifically, based on the factual findings set forth above, the Court concludes that the GED and CB programs offered within the Community Schools
16

for Adults do not provide the equivalent of a secondary school education to general education students. Although the DOE describes those programs as a form of “secondary education,” the evidence presented at trial demonstrates that the educational curriculum, requirements, and experience of the adult programs are dramatically different from those of a traditional public high school. Therefore, a diploma earned through one of the adult education programs represents the completion of an education very different from that of a public high school diploma. This is in sharp contrast to the B.T. case, where general education students were being admitted to the exact same public high schools that they had otherwise aged out of.
34. The evidence also shows that an extremely small number of students who have aged out of public high school as a result of Act 163 are enrolling in the Community Schools for Adults. Thus, unlike in the B.T. case, the DOE has not engaged in a systemic practice of offering the same or equivalent education to general education students who have aged out while eliminating education services for special education students. 2
2Under Plaintiffs’ argument, if the State provides one general education student over the age of twenty with a GED preparation course, then that triggers the State’s obligation to spend substantial amounts of money to provide a FAPE to all special education students between the ages of twenty and twenty two. This
(continued...) 17

35. It is also significant that the adult education programs, unlike traditional public high schools, do not have a maximum age limit. Under Plaintiffs’ argument, Congress would have had to intend for states to terminate GED programs and other adult education services for students beyond the age restriction established by the state–in this case, the age of twenty–until a student attains the age of twenty-two. This would lead to an absurd outcome. In order to qualify for the exception provided in the IDEA, Hawaii could offer adult education programs to students from the age of eighteen to twenty, but would have to stop the programs for students aged twenty and twenty-one, and then recommence them for students aged twenty-two and older.3 The Court cannot conclude that Congress intended for the age governing provision of the IDEA to have this effect on all of a state’s adult education services.
36. As to Count I of Plaintiffs’ Complaint, the Court finds in favor of Defendant. Plaintiffs have not demonstrated that the DOE has a state law or practice whereby non-disabled students between the ages of twenty and twenty-two
2(...continued) simply could not have been the result intended by Congress.
3Alternatively, Hawaii could simply abandon its adult education programs for students until they turn twenty-two. This result, however, is inconsistent with the statutory scheme established by the IDEA.
18

are being provided the functional equivalent of a secondary school education.
Therefore, lowering the age limit for FAPE eligibility to twenty pursuant to Act
163 is consistent with the State’s law and practice respecting the provision of
public education to general education students over the age of twenty.4 In short,
Plaintiffs have not established a violation of the IDEA.
C. ADA and Rehab Act Claims (Counts II and III)
37. To establish a prima facie case of discrimination under Title II of the
ADA, a plaintiff must show that:
(1) he is an individual with a disability; (2) he is otherwise qualified to participate in or receive the benefit of some public entity’s services, programs, or activities; (3) he was either excluded from participation in or denied the benefits of the public entity’s services, programs, or activities, or was otherwise discriminated against by the public entity; and (4) such exclusion, denial of benefits, or discrimination was by reason of [his] disability.
Simmons v. Navajo County, Ariz., 609 F.3d 1011, 1021 (9th Cir. 2010) (quoting
McGary v. City of Portland, 386 F.3d 1259, 1265 (9th Cir. 2004)).
4The Court notes that in light of Hawaii’s unique circumstances, this may be a case of first impression. Nonetheless, this Court may not rewrite the law or otherwise engage in an exercise of judicial legislation. The Court must carefully limit itself to finding the facts as presented to this Court and applying those facts to the law as it understands Congress intended. A federal judge may never interpose his or her personal preferences in interpreting the law as it is the role of Congress to legislate and make policy decisions. Where, as in the case of the IDEA, Congress has given the State of Hawaii some discretion in implementing the law, the exercise of that discretion is reserved to the Governor and the State Legislature.
19

38. Similarly, to establish a prima facie case of discrimination under § 504 of the Rehab Act, a plaintiff must show: “(1) he is an individual with a disability; (2) he is otherwise qualified to receive the benefit; (3) he was denied the benefits of the program solely by reason of his disability; and (4) the program receives federal financial assistance.” Duvall v. Cnty of Kitsap, 260 F.3d 1124, 1135 (9th Cir. 2001); see also O’Guinn, 502 F.3d at 1060 (same).5
39. A plaintiff alleging discrimination in violation of these Acts bears the initial burden of producing evidence of a reasonable accommodation. See Zukle v. Regents Univ. of Cal., 166 F.3d 1041, 1047 (9th Cir. 1999).
40. The Court concludes that Plaintiffs have established a prima facie case of discrimination under the ADA and Rehab Act. First, it is undisputed that Plaintiffs are disabled and that the Community Schools for Adults receives federal funds and constitutes a public entity. Second, since the adult education programs have virtually no prerequisites for admission, Plaintiffs are otherwise qualified to participate in those programs. Third, Plaintiffs are effectively denied the benefits
5Given the close similarities between a cause of action per § 504 of the Rehab Act and Title II of the ADA, the analysis with respect to these two counts can be combined. See Wong v. Regents Univ. of Cal., 192 F.3d 807, 816 (9th Cir. 1999).
20

of the Community Schools for Adults by reason of their disabilities because those schools do not provide IDEA services.
41. However, Plaintiffs have not met their burden of producing evidence that there exists a reasonable accommodation that will allow Plaintiffs to derive a meaningful benefit from adult education programs. Specifically, Plaintiffs have not demonstrated that continuing to provide Plaintiffs a FAPE until the age of twenty-two is a “reasonable accommodation” under the Acts.
42. In order to avoid discrimination prohibited by the ADA and the Rehab Act, “[a] public entity must ‘make reasonable modifications6 in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability.’” Wong, 192 F.3d at 818 (quoting Zukle, 166 F.3d at 1046). These Acts, however, do not require a public entity “to make fundamental or substantial modifications to its programs or standards.” Id. (citing Se. Comm. Coll. v Davis, 422 U.S. 397, 413 (1979). Indeed, “[b]ecause the issue of reasonableness depends on the individual circumstances of each case, this determination requires a fact-specific, individualized analysis of the disabled individual’s circumstances and the accommodations that might allow him to meet
6Although Title II of the ADA uses the term “reasonable modification,” rather than “reasonable accommodation,” these terms create identical standards. See McGary, 386 F.3d at 1266 n.3 (citing Wong, 192 F.3d 807, 816 n.26).
21

the program’s standards.” Id. (citing Crowder v. Kitagawa, 81 F.3d 1480, 1486 (9th Cir. 1996)).
43. In this Court’s September 19, 2011 Order, the Court observed that there is a close relationship between Plaintiffs’ ADA and Rehab Act claims and their IDEA claim. The Court also noted that this case does not involve the kind of blatant discrimination that was established in the B.T. case. In light of the facts and circumstances of the case as well as the nature of Plaintiffs’ claims, the Court held that in order to show that continuing to provide Plaintiffs a FAPE constitutes a reasonable accommodation under the Acts, Plaintiffs must establish, inter alia, that the adult education programs at issue provide the functional equivalent of a high school education to adult general education students. (Doc. # 79 at 33–34.)
a. As discussed supra, this Court finds that the Community Schools for Adults do not provide the functional equivalent of a high school education to general education students.
b. Plaintiffs did not proffer any evidence at trial establishing the reasonableness of the requested accommodation.
44. Accordingly, as to Counts II and III of Plaintiffs’ Complaint, the Court finds in favor of the Defendant. Plaintiffs have not established that the DOE failed to provide reasonable accommodations necessary to avoid discrimination on
22

the basis of a disability in violation of Title II of the ADA and § 504 of the Rehab Act. III. CONCLUSION
For the foregoing reasons, Defendant’s Rule 50 motion for judgment as a matter of law is DENIED. The Court finds and concludes that Plaintiffs have failed to show by a preponderance of the evidence that pursuant to Act 163, Defendant violated the IDEA, Title II of the ADA, or § 504 of the Rehab Act.
Judgment shall be entered in favor of Defendant as to Counts I, II, and III of Plaintiffs’ Complaint. All parties shall bear their own costs of suit.
IT IS SO ORDERED. DATED: Honolulu, Hawaii, March 30, 2012.
_____________________________ David Alan Ezra United States District Judge R.P.-K, et al.. v. Department of Education, Civ. No. 10-00436 DAE-KSC; FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION
23

 
 Case 1:10-cv-00436-SOM-RT Document 482 Filed 12/08/17 Page 1 of 6 PageID #: 7221

PAUL ALSTON KRISTIN L. HOLLAND MEREDITH G. MILLER ALSTON HUNT FLOYD & ING 1001 Bishop Street, Suite 1800 Honolulu, Hawai'i 96813 Telephone: (808) 524-1800 Facs!Illile: (808) 524-4591 E-mail: palstonlalahfi.com
khollana@ahfi.com mmiller@ahfi.com

1126 10063 10744

LOUIS ERTESCHIK

5241

MATTHEW C. BASSETT

6643

PATRICIA L. COOKSON

9456

HAWAI'I DISABILITY RIGHTS CENTER

1132 Bishop Street, Suite 2102

Honolulu, Hawai'i 96813

Telephone: (808) 949-2922

Facsimile: (808) 949-2928

Email: louis@hawaiidisabilityrights.org

mattbassettesq@gmail.com

patty@hawaiid1sabilityrights.org

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF HAWAI'I

E.R.K., by his legal guardian R.K., R.T.D., through his parents R.D. and M.D.; HAWAI'I DISABILITY RIGHTS CENTER, in a representative capacity on behalf of its clients and all others similarly situated,

Case No. 10-00436 SOM-KSC
ORDER APPROVING SETTLEMENT FOR CLASS MEMBERS

Plaintiffs,

vs.

DEPARTMENT OF EDUCATION, State ofHawai'i,

Defendant.

Case 1:10-cv-00436-SOM-RT Document 482 Filed 12/08/17 Page 2 of 6 PageID #: 7222
ORDER APPROVING SETTLEMENT FOR CLASS MEMBERS
WHEREAS: This class action was filed, pursuant to FRCP 23(b)(2) in 2010 seeking to establish that the Defendant DEPARTMENT OF EDUCATION, State ofHawai'i ("HIDOE") was violating federal law by failing to provide special education and related services to students who were eligible for special education and related services until the later of (a) the date they earned a regular diploma, or, (b) age 22.
WHEREAS: The Ninth Circuit Court of Appeals determined that the Class Members had valid claims under the Individuals with Disabilities Education Act ("IDEA") and this Court subsequently determined that the Class Members are entitled to compensatory education to compensate for the HIDOE's failure to provide appropriate special education and related services until the Class Member earned a regular diploma or reached the age of 22.
WHEREAS: Under the supervision of United States Magistrate Judge Kevin S. C. Chang the parties have investigated and discussed, at length, among other things, (a) the circumstances and needs of the Class Members, (b) the interest of Class Members in obtaining compensatory education, (c) the array of services needed by the eligible Class Members, (d) the cost of the needed services, (e) the array of potential service providers, (f) the potential methods for allocating and
2

Case 1:10-cv-00436-SOM-RT Document 482 Filed 12/08/17 Page 3 of 6 PageID #: 7223
delivering the compensatory education services, and (g) the timeline for delivery of compensatory education services to the Class Members.
WHEREAS: Pursuant to the Settlement Agreement attached hereto as Exhibit 1, the IBDOE has agreed to provide funds for delivery of services, including assistive technology, as defined in the Settlement Agreement, to the Class Members under the oversight of a Settlement Administrator, as described in Exhibit A to the Settlement Agreement.
WHEREAS: Pursuant to the Settlement Agreement, HIDOE will provide $10,250,000 to (a) fund the required services, as defined in the Settlement Agreement; (b) pay legal fees and costs owed to Plaintiffs' counsel (Alston Hunt Floyd & Ing and the Hawai'i Disability Rights Center ("Class Counsel")) for their work on this litigation up to the date on which this settlement is approved; (c) the fees and costs incurred by the Settlement Administrator in the course of overseeing and directing the delivery of services, as defined in the Settlement Agreement, to the Class Members; and (d) fees and costs incurred by counsel and as approved by the Court, for the class in connection with (1) the delivery of services, as defined in the Settlement Agreement, to the Class Members, and (2) the resolution of disputes regarding the delivery ofthe benefits of the settlement. The Fund will be deposited by the IBDOE in two installments; as stated below, the first will be $8,750,000 to be funded in 2017 and the second will be $1,500,000 to be funded in 2018.
3

Case 1:10-cv-00436-SOM-RT Document 482 Filed 12/08/17 Page 4 of 6 PageID #: 7224
WHEREAS: The Court has determined that the settlement fund should be allocated as follows: (a) $8,200,000 plus all interest earned thereon for services, as defmed by the Settlement Agreement, provided to the Class Members (the "Fund"); (b) $1,500,000 for legal services provided by and costs incurred by Class Counsel through the date on which this settlement is approved; (c) up to $300,000 to the Settlement Administrator for his/her fees, costs and administrative support; and (d) up to $250,000 to Class Counsel for future services that they will provide to the Class Members in connection with the administration of the settlement and delivery of services (all to be paid pursuant to court-approved fee applications). Provided, however, for good cause and subject to court approval, the Settlement Administrator may utilize additional funds from the Fund for administrative services that are needed to assure the effective delivery of services, as defmed in the Settlement Agreement, to the Class Members. The amounts awarded from the Fund to Class Counsel for past and future work reflects the fact that size of the Fund was calculated by the Court and the Parties to include all fees which would be owed to Class Counsel under 42 U.S.C § 1988 or otherwise. No other fees will be claimed or paid out ofthe Fund and accrued interest.
WHEREAS: The parties agree that, except as provided by the Settlement Agreement, the "Specific Provisions" portion of the Settlement Agreement shall expire on December 31, 2020.
4

Case 1:10-cv-00436-SOM-RT Document 482 Filed 12/08/17 Page 5 of 6 PageID #: 7225
WHEREAS: The Settlement Administrator shall have until February 28, 2021 to reconcile the Fund. Any balance remaining in the Fund at 12:00 a.m. on March 1, 2021, shall be returned to HIDOE.
And, WHEREAS: Time is of the essence. THEREFORE, it is hereby ORDERED (a) the HIDOE shall deposit $8,750,000 into the registry of the United States District Court within two (2) weeks of the Court's approval of the subject settlement and Class Counsel's provision of the information necessary to effectuate the deposit; (b) the HIDOE will deposit an additional $1,500,000 into the registry of the United States District Court within two (2) weeks of the Hawai'i legislature's approval of the subject attorneys' fees and costs; and (c) the Court will direct the disposition of that account for the effective administration of the settlement by (1) appointing the Settlement Administrator no later than December 15, 2017 and authorizing him/her to see to the delivery of appropriate services, as defmed in the Settlement Agreement, to the Class Members beginning promptly thereafter in accordance with the Settlement Administration Agreement attached hereto as Exhibit A to the Settlement Agreement; (2) directing distribution of the balance of the settlement fund into an interest-bearing trust account in a local FDIC-insured bank under the supervision of the Settlement Administrator and Court within two (2) weeks of the
5

Case 1:10-cv-00436-SOM-RT Document 482 Filed 12/08/17 Page 6 of 6 PageID #: 7226
December 8, 2017
/s/ Susan Oki Mollway Susan Oki Mollway United States District Judge