2008-10-01_Jack_Thomas_v_COH_-_Order_Granting_Defendants_Motion_for_Summary_Judgment_and_Remanding_State_Law_Claims

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Case 1:07-cv-00251-JMS-LEK Document 52 Filed 10/01/2008 Page 3 of 17 provided the prosecutors tape recordings and videotapes showing that Chung had threatened Plaintiff's family. Id. 15. The prosecutors refused to file charges, explaining that they had no reasonable belief that they could prove the case against Chung to a standard of beyond a reasonable doubt. Id.; see also Pl.'s Exs. 6-10. Despite Judge Moran's May 11, 2004 dismissal of the civil action, Plaintiff learned that the State of Hawaii was considering filing a criminal charge against him.' On December 20, 2004, Plaintiff met with Kimura at a police station in Hilo and provided him information showing that the TRO against Plaintiff was dismissed. Pl.'s Ex. 12, Pl.'s Decl. 11 3-4. Kimura also met with Jack Matsui, who told Kimura that Judge Moran had cleared Plaintiff of the violation. Pl.'s Ex. 16, Matsui Decl. 14. Matsui gave Kimura documents showing the dismissal of the civil action, and in response, Kimura told Matsui that they were still investigating Chung's complaint and would consider this evidence. Id. 16. ' Plaintiff asserts that during a November 26, 2004 hearing, an individual from the prosecutor's office stated that they were still investigating Plaintiff in conjunction with the police. Pl.'s Ex. 19(c), Pl.'s Decl. 117(a). While not articulated in either of the parties' Concise Statements, it appears that Judge Moran held another hearing with Plaintiff and Chung on November 26, 2004 in which he again stated that Plaintiff had not violated the TRO on March 26, 2004. See Pl.'s Ex. 19(b), Strauss Decl. 16. In general, neither party provided a clear time line of events or explanation of Plaintiff's and Defendants' interactions prior to the criminal charge. The court therefore outlines the facts based on what dates and specific information the parties did provide. z While not included in his Concise Statement, Plaintiff asserts in his Opposition that the prosecutors conducted their own investigation by interviewing Chung "on at least one and (continued...) 3