Assigned to: Judge J. Michael Seabright; Magistrate Judge Kevin S.C. Chang

Filing 31

ORDER REQUESTING SUPPLEMENTATION OF RECORD. Signed on 5/10/2017 by CHIEF U.S. DISTRICT JUDGE J. MICHAEL SEABRIGHT, U.S. DISTRICT JUDGE SUSAN OKI MOLLWAY and U.S. MAGISTRATE JUDGE KEVIN S.C. CHANG. (afc)CERTIFICATE OF SERV ICEParticipants 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

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
IN THE MATTER OF

)
)
EARLE A. PARTINGTON
)
)
_____________________________ )

CIVIL NO. 11-00753 SOM
ORDER REQUESTING
SUPPLEMENTATION OF RECORD

ORDER REQUESTING SUPPLEMENTATION OF RECORD
Relying on materials in the record and on legal
research, this court has before it a number of orders relating
to the conduct at issue in this case.

Specifically, this court

has the following:
(1)

the Administrative Record from the case Partington v. Houck
et al., Civ. No. 10-01962, including, but not limited to:
a.

the Action Memo issued by the Assistant Judge Advocate
General for Civil Law on April 5, 2010;

b.

the Indefinite Suspension Letter by James W. Houck,
Vice Admiral for the Office of the Judge Advocate
General, Department of the Navy, issued on May 17,
2010;

c.

the Suspension and Show Cause Order issued by the
Court of Appeals for the Armed Forces on June 10,
2010;

d.

the Order of Suspension issued by the Court of Appeals
for the Armed Forces on October 26, 2010; and

1

e.

the Order Denying Petition for Reconsideration issued
by the Court of Appeals for the Armed Forces on
December 10, 2010;

(2)

the Memorandum-Decision and Order issued by the United
States District Court for the District of Columbia on
January 10, 2012, available at Partington v. Houck et al.,
Civ. No. 10-01962, 840 F. Supp. 2d 236 (2012);

(3)

the Opinion affirming the decision of the United States
District Court for the District of Columbia, issued by the
United States Court of Appeals for the District of Columbia
Circuit on July 23, 2013, available at Partington v. Houck
et al., No. 12-5038, 723 F.3d 280 (D.C. Cir. 2013),
rehearing en banc denied August 14, 2013;

(4)

the Opinion denying the petition for writ of certiorari to
the United States Court of Appeals for the District of
Columbia Circuit, issued by the Supreme Court of the United
States on April 20, 2015, available at Partington v. Houck
et al., No. 14-1022, 135 S.Ct. 1854 (2015) (memorandum
opinion);

(5)

the “Text Order” denying the motion to declare the United
States Court of Appeals for the District of Columbia
Circuit’s decision void for lack of subject matter
jurisdiction issued by the United States District Court for
the District of Columbia on March 14, 2014;
2

(6)

the Order issued by the United States Court of Appeals for
the District of Columbia Circuit on October 3, 2014,
available at Partington v. Houck et al., No. 14-5071, 2014
WL 5131658 (D.C. Cir. Oct. 3, 2014) (per curiam), rehearing
en banc denied December 8, 2014.

(7)

the Order issued by the District of Columbia Court of
Appeals on June 7, 2012, available at In re Earle A.
Partington, No. 12-BG-175, 45 A.3d 161 (2012) (per curiam);

(8)

the Order of Suspension issued by the Supreme Court of
Hawaii on November 9, 2011, available at Office of
Disciplinary Counsel v. Partington, No. SCAD-11-0000162,
2011 WL 5517313 (2011), as corrected December 8, 2011;

(9)

the Order Denying Motion to Vacate Suspension issued by the
Supreme Court of Hawaii on February 9, 2012, available at
Office of Disciplinary Counsel v. Partington, No. SCAD-110000162, 2012 WL 432245 (2012);

(10) the Order Denying Motion for Reconsideration issued by the
Supreme Court of Hawaii on February 16, 2012, available at
Office of Disciplinary Counsel v. Partington, No. SCAD-110000162, 2012 WL 521103 (2012);
(11) the Order of reinstatement issued by the Supreme Court of
Hawaii on February 29, 2012, available at Office of
Disciplinary Counsel v. Partington, No. SCAD-11-0000162,
2012 WL 681227 (2012);
3

(12) the Order Denying Motion as Moot issued by the Supreme
Court of Hawaii on March 13, 2012, available at Office of
Disciplinary Counsel v. Partington, No. SCAD-11-0000162,
2012 WL 899218 (2012);
(13) the Order Denying Motion, which related to a request to
vacate the court’s 2011 notice and order of reciprocal
discipline, issued by the Supreme Court of Hawaii on
September 1, 2015, available at Office of Disciplinary
Counsel v. Partington, No. SCAD-11-0000162, 2015 WL 5178687
(2015);
(14) the Decision issued by the State Bar Court of California,
Hearing Department-San Francisco, on January 13, 2016;
(15) the Opinion affirming the State Bar Court of California’s
Decision, issued by the Review Department of the State Bar
Court of California on December 7, 2016, available at In re
Earle Arthur Partington, No. 12-J-10617, 2016 WL 8737404
(2016);
(16) the en banc decision denying the petition for review issued
by the Supreme Court of California on April 12, 2017; and
(17) the bar hearing record relating to the proceedings in the
State Bar Court of California.
This court requests that any other orders from outside
this district relating to the same conduct be filed in the
record by 4:00 p.m. on Friday, May 12, 2017.
4

For example, the

court has seen references to an order of suspension issued by
the Oregon Supreme Court on October 17, 2013 (Case # S060387),
and to a disciplinary action in the United States District Court
for the District of Oregon (Case # 3:14-ad-00097).

The court

has also seen a reference to correspondence sent to the
Disciplinary Committee of the Commonwealth of the Northern
Mariana Islands Bar Association but has no source material
relating to any disciplinary proceedings in that jurisdiction.
APPROVED AND SO ORDERED.
DATED: Honolulu, Hawaii, May 10, 2017.

/s/ J. Michael Seabright
J. Michael Seabright
Chief United States District Judge
/s/ Susan Oki Mollway
Susan Oki Mollway
United States District Judge
/s/ Kevin S.C. Chang
Kevin S.C. Chang
United States Magistrate Judge

In the Matter of Earle A. Partington, Civ. No. 11-00753 SOM, Order Requesting
Supplementation of Record.

5