Mizukami v. Edwards et al

Filing 19

ORDER (1) DENYING PLAINTIFF'S MOTION TO STRIKE UNTIMELY 4/3/12 MEMO OPPOSING 3/29/12 PLAINTIFF MOTION TO RECONSIDER 3/21/12 ORDER DENYING 3/9/12 MOTION TO AMEND COMPLAINT - 2/29/12 ORDER; & FOR SANCTION AND AWARD EXPENSE 18 ; AND (2) DENYING PL AINTIFF'S MOTION FOR ENTRY OF DEFAULT JUDGMENT AGAINST DEFENDANTS, REQUESTED BY 3/29/12 MOTION TO RECONSIDER 3/21/12 ORDER; AND FOR SET PROOF HEARING 17 . Signed by JUDGE LESLIE E. KOBAYASHI on 4/18/2012. (afc) CERTIFIC ATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). THOMAS COLLINS, ESQ. and HAWAII STATE ATTORNEY GENERAL DAVID LOUIE, and participants not registered to receive electronic notifications will be served by first class mail on April 19, 2012.

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
)
)
Plaintiff,
)
)
vs.
)
)
)
DONNA EDWARDS; THOMAS D.
COLLINS III; The STATE OF
)
)
HAWAII and Gov. NEAL
ABERCROMBIE, Hon. BERT I.
)
AYABE judge of Circuit Court )
of First Circuit, Hon. DANIEL )
)
R. FOLEY judge Intermediate
Court of Appeals, DOES 1-10, )
)
)
Defendants.
_____________________________ )
GLENN MIZUKAMI,

CIVIL NO. 12-00103 LEK-BMK

ORDER (1) DENYING PLAINTIFF’S MOTION TO STRIKE
UNTIMELY 4/3/12 MEMO OPPOSING 3/29/12 PLAINTIFF
MOTION TO RECONSIDER 3/21/12 ORDER DENYING 3/9/12 MOTION
TO AMEND COMPLAINT - 2/29/12 ORDER; & FOR SANCTION AND
AWARD EXPENSE; AND (2) DENYING PLAINTIFF’S MOTION FOR
ENTRY OF DEFAULT JUDGMENT AGAINST DEFENDANTS,
REQUESTED BY 3/29/12 MOTION TO RECONSIDER
3/21/12 ORDER; AND FOR SET OF PROOF HEARING
On February 21, 2012, pro se Plaintiff Glenn K.
Mizukami (“Plaintiff”) filed a Verified Complaint (“Complaint”),
an Application to Proceed In Forma Pauperis and Affidavit
(“Application”), and a Petition for Injunctive Relief and
Declaratory Judgment (“Petition”).

The Court dismissed the

Complaint with prejudice and denied the Application and Petition
as moot in a February 29, 2012 Order (“2/29/12 Order”).
day, judgment was entered in favor of the defendants.

The same

On

March 9, 2012, Plaintiff filed a motion asking the Court to amend
the 2/29/12 Order and judgment of dismissal, and to accept his
proposed First Amended Complaint.

The Court denied that motion

in a March 21, 2012 Order (“3/21/12 Order”).

On March 29, 2012,

Plaintiff filed a motion for reconsideration of the 3/21/12 Order
(“Motion for Reconsideration”).

The Court denied the Motion for

Reconsideration in a March 30, 2012 Order (“3/30/12 Order”).

On

April 4, 2012, Defendants Donna C. Edwards (“Edwards”) and Thomas
D. Collins, III (“Collins”) filed a memorandum in opposition to
the Motion for Reconsideration.
Before the Court are: 1) Plaintiff’s motion to strike
Edwards and Collins’ memorandum in opposition (“Motion to
Strike”); and 2) Plaintiff’s “Motion for Entry of Default
Judgment Against Defendants, Requested by 3/29/12 Motion to
Reconsider 3/21/12 Order; and for Set of Proof Hearing” (“Motion
for Default Judgment”).
First, the Court DENIES Plaintiff’s Motion to Strike.
Insofar as Edwards and Collins filed their memorandum in
opposition after the Court issued its 3/30/12 Order, the Court
did not consider their memorandum in opposition in ruling on
Plaintiff’s Motion for Reconsideration.

It is unnecessary to

strike the document, and Plaintiff is not entitled to any
sanctions or expenses merely because Edwards and Collins filed a
memorandum in opposition that was moot.

2

Second, the Court DENIES Plaintiff’s Motion for Default
Judgment.

Plaintiff seeks the entry of default judgment, based

upon the arguments that he raised in the Motion for
Reconsideration.

As previously noted, however, this Court

dismissed Plaintiff’s Petition and issued judgment in favor of
the defendants.

Plaintiff therefore is not entitled to default

judgment against any of the defendants.

Further, the 3/30/12

Order stated: “Plaintiff is advised that judgment has been
entered, this matter is closed, and the Court will not entertain
further motions for reconsideration regarding the same issues
raised in his previous motions.”

[3/30/12 Order.]

The Court

therefore CAUTIONS Plaintiff that, if Plaintiff files any further
motions addressing the same issues raised in his previous
motions, the Court will automatically STRIKE the motion.
CONCLUSION
On the basis of the foregoing, Plaintiff’s “Motion to
Strike Untimely 4/3/12 Memo Opposing 3/29/12 Plaintiff Motion to
Reconsider 3/21/12 Order Denying 3/9/12 Motion to Amend Complaint
- 2/29/12 Order; & for Sanction & Award Expense” and Plaintiff’s
“Motion for Entry of Default Judgment Against Defendants,
Requested by 3/29/12 Motion to Reconsider 3/21/12 Order; and for
Set of Proof Hearing”, both filed April 12, 2012, are HEREBY
DENIED.
The Clerk of Court is directed to serve the present
3

Order on Attorney Thomas Collins and on Hawai`i State Attorney
General David Louie, who in turn are asked to notify the
respective named Defendants whom they represent or have
represented that this Order has been entered.
IT IS SO ORDERED.
DATED AT HONOLULU, HAWAII, April 18, 2012.

/S/ Leslie E. Kobayashi
Leslie E. Kobayashi
United States District Judge

GLENN MIZUKAMI V. DONNA EDWARDS; CIVIL NO. 12-00103 LEK-BMK;
ORDER (1) DENYING PLAINTIFF’S MOTION TO STRIKE UNTIMELY 4/3/12
MEMO OPPOSING 3/29/12 PLAINTIFF MOTION TO RECONSIDER 3/21/12
ORDER DENYING 3/9/12 MOTION TO AMEND COMPLAINT - 2/29/12 ORDER; &
FOR SANCTION AND AWARD EXPENSE; AND (2) DENYING PLAINTIFF’S
MOTION FOR ENTRY OF DEFAULT JUDGMENT AGAINST DEFENDANTS,
REQUESTED BY 3/29/12 MOTION TO RECONSIDER 3/21/12 ORDER; AND FOR
SET OF PROOF HEARING

4