3.Pursuant to HRS § 26-13, Defendant Department of Health is an agency of theState of Hawaii. Upon information and belief, Defendant Loretta Fuddy is the Director of theDepartment of Health for the State of Hawaii.
Defendants John Does 1-10 and Jane Does 1-10, are believed by Plaintiff to have been at all times mentioned herein, residents of the City and County of Honolulu, State of Hawaii. Defendants Doe Corporations 1-10, Doe Partnerships 1-10, and Doe GovernmentalEntities 1-10, are believed by Plaintiff to have been at all times mentioned herein, corporations, partnerships or legal entities, duly organized and existing under the laws of the State of Hawaii,doing business in the City and County of Honolulu, or are governmental agencies of the State of Hawaii.5.Defendants John Does 1-10, Jane Does 1-10, Doe Corporations 1-10, DoePartnerships 1-10, and Doe Governmental Entities 1-10, are named herein under fictitious names,for the reason that their true names, identities, and specific acts or omissions, are presentlyunknown to the Plaintiff, except that they were the agents, servants, masters, employees,employers, representatives, co-venturers, associates, vendors, suppliers, manufacturers,subcontractors or contractors of the named Defendants, and who are in some manner, responsiblefor the injuries or damages to the Plaintiff, whether in contract or in tort, and are jointly andseverally liable to the Plaintiff. Plaintiff prays for leave to insert the true names, capacities,activities or responsibilities of the unnamed Defendants when they are ascertained.6.On or about November 22, 2011, Plaintiff Sunahara requested from the State of Hawaii, Department of Health, an estimate of the cost and expense to obtain a certified copy of the original Certificate of Live Birth (hereafter “Birth Certificate”) of Virginia Sunahara,deceased, pursuant to Hawaii Revised Statute § 338-13(a). The statute states in relevant part,“the department of health shall upon request, furnish to any applicant a certified copy of anycertificate, . . .” (Emphasis added).7.The Department of Health not responded to Plaintiff Sunahara’s request, and hasnot provided either an estimate of the cost to obtain the record or a copy of Virginia Sunahara’soriginal birth certificate.2