In The Matter of: Gary Victor Dubin, 1:20-cv-00419 – CourtListener.com https://www.courtlistener.

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In The Matter of: Gary Victor Dubin (1:20-

cv-00419)
District Court, D. Hawaii
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Last Updated: Oct. 7, 2021, 12:33 a.m. HST

Assigned To: Jill Aiko Otake (/person/8618/jill-aiko-otake/)

Referred To: Kenneth Mansfield (/person/9207/kenneth-mansfield/)

Date Filed: Sept. 15, 2020

Date Terminated: Sept. 30, 2021

Date of Last Known Filing: Oct. 1, 2021

Cause: 28:7422 Appeal from Administrative Decision (/?type=r&cause="28:7422 Appeal from Administrative Decision")

Nature of Suit: 899 Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision (/?type=r&
nature_of_suit="899 Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision")

Jury Demand: None (/?type=r&q=juryDemand:"None")

Jurisdiction Type: Federal Question

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Filed MM/DD/YYYY Documents )  ' 

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Document Date Filed Description

Number

1 Sep 15, 2020 ORDER TO SHOW CAUSE as to Gary Victor Dubin, signed by JUDGE DERRICK K. 
WATSON on 09/15/20. (apg, ) (Entered: 09/15/2020)

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Sep 15, 2020 COURT'S CERTIFICATE of Service - a copy of 1 Order to Show Cause has been 
served by First Class Mail to the addresses of record to: Gary Victor Dubin 55
Merchant Street., Ste. 3100, Honolulu, HI 86813 via certified mail RRR
70173040000003934850 on 9/15/20. (apg, )

2 Sep 29, 2020 ANSWER to 1 Court's September 15, 2020 Order to Show Cause by Gary V. Dubin. 

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(Attachments: # 1 Declaration of Gary Victor Dubin, # 2 Exhibit A, # 3 Exhibit B, # 4

Exhibit C, # 5 Exhibit C(1-8), # 6 Exhibit C(9-16), # 7 Exhibit C(17-19), # 8 Exhibit
C(20-23), # 9 Exhibit C(24), # 10 Exhibit C(25A), # 11 Exhibit C(25B), # 12 Exhibit
C(26), # 13 Exhibit C(27-28), # 14 Exhibit C(29A), # 15 Exhibit C(29B), # 16 Exhibit
C(29C), # 17 Exhibit C(30-32), # 18 Exhibit C(33), # 19 Exhibit D, # 20 Exhibit
E)(Dubin, Gary) Modified on 10/1/2020 to add linkage to OSC, docket text modified
(emt, ). (Entered: 09/29/2020)

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3 Oct 1, 2020 ORDER ASSIGNING CASE. Please reflect new case number MC 20-00408 JAO- 
KJM on all further pleadings, signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on
10/01/2020. (apg, ) (Entered: 10/01/2020)

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4 Oct 1, 2020 EO: The Clerk's Office is DIRECTED to convert this Miscellaneous matter to a Civil 
case. All future filings in this matter shall be captioned "In the Matter of Gary Victor
Dubin, Civil No. 20-00419 JAO-KJM." (JUDGE JILL A. OTAKE)(shm) Modified on
10/1/2020 (apg, ). (Entered: 10/01/2020)

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5 Oct 7, 2020
EO: In light of Respondent Gary Victor Dubin's representation that he intends to 
seek a stay of the Hawai'i Supreme Court Order of Disbarment pending the filing of
his petition for writ of certiorari in the U.S. Supreme Court, the Court, exercising its
broad discretion, STAYS this action. See Clinton v. Jones, 520 U.S. 681, 706-07
(1997) (citation omitted) (holding that district courts have "broad discretion to stay
proceedings as an incident to its power to control its own docket"); Landis v. North
American Co., 299 U.S. 248, 254 (1936) ("[T]he power to stay proceedings is
incidental to the power inherent in every court to control the disposition of the
causes on its docket with economy of time and effort for itself, for counsel, and for
litigants."). Respondent shall file a status report within one (1) business day of the
resolution of his request for stay and/or petition for writ of certiorari. Failure to do so
may result in the imposition of reciprocal discipline. (JUDGE JILL A. OTAKE)(otake1)
(Entered: 10/07/2020)

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6 Oct 8, 2020 STATUS REPORT October 8, 2020 by Gary V. Dubin. (Attachments: # 1 Exhibit 
"A")(Dubin, Gary) (Entered: 10/08/2020)

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7 Oct 15, 2020
EO: On 10/7/20, the Court stayed these proceedings pending the disposition of a 
request for relief submitted to Justice Elena Kagan and an anticipated petition for
writ of certiorari to the U.S. Supreme Court. ECF No. 5. In a 6 Status Report filed on
10/8/20, Respondent represented that he filed an Application for Emergency Stay
on 10/5/20. However, in a Motion for Stay filed with the Hawai`i Supreme Court on
10/14/20, Respondent indicated that he withdrew the Application for Emergency
Stay and will resubmit it, if necessary, depending on the outcome of the Motion for
Stay. Insofar as the stay in this action was predicated in part on the pending
Application for Emergency Stay, Respondent is ORDERED to explain, by 9:00 a.m.
on 10/16/20, why the stay should remain in effect. The Court will not countenance
efforts to leverage multiple ongoing proceedings to unjustifiably delay resolution of
this action. Indeed, the imposition of the stay was not intended to provide a basis
for Respondent to seek further relief from the Hawai`i Supreme Court. Respondent
is cautioned that his failure to comply with this Entering Order and/or to
immediately apprise the Court of filings and developments in other proceedings that
may bear up on this case may result in the imposition of reciprocal discipline.
(JUDGE JILL A. OTAKE)(shm) (Entered: 10/15/2020)

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8 Oct 15, 2020 STATUS REPORT #2 October 15, 2020 by Gary V. Dubin. (Attachments: # 1 
Appendix Stay Application, # 2 Appendix ONE: Exhibits A through E, # 3 Appendix
ONE: Exhibits F and G, # 4 Appendix TWO: Exhibits 1 through 8, # 5 Appendix
TWO: Exhibits 9 through 16, # 6 Appendix TWO: Exhibits 17 through 19, # 7
Appendix TWO: Exhibits 20 through 23, # 8 Appendix TWO: Exhibit 24, # 9
Appendix TWO: Exhibit 26A, # 10 Appendix TWO: Exhibit 25B, # 11 Appendix
TWO: Exhibit 26, # 12 Appendix TWO: Exhibits 27 and 28, # 13 Appendix TWO:
Exhibit 29A, # 14 Appendix TWO: Exhibit 29B, # 15 Appendix TWO: Exhibit 29C, #
16 Appendix TWO: Exhibits 30 through 32, # 17 Appendix TWO: Exhibit 33)(Dubin,
Gary) (Entered: 10/15/2020)

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9 Oct 16, 2020 EO: Based on Respondent's explanation in the 8 Status Report filed on 10/15/20, 
the Court shall maintain the stay in this case. Respondent is reminded to timely
apprise the Court of any new developments in other courts. (JUDGE JILL A.
OTAKE)(shm) (Entered: 10/16/2020)

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10 Oct 21, 2020 STATUS REPORT October 21, 2020 by Gary V. Dubin. (Attachments: # 1 Exhibit A 
and B)(Dubin, Gary) (Entered: 10/21/2020)

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11 Nov 4, 2020 STATUS REPORT for November 4, 2020 by Gary V. Dubin. (Attachments: # 1 Exhibit 
"A")(Dubin, Gary) (Entered: 11/04/2020)

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12 Dec 8, 2020 STATUS REPORT December 8, 2020 by Gary V. Dubin. (Dubin, Gary) (Entered: 
12/08/2020)

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13 Dec 8, 2020 STATUS REPORT REVISED CORRECTED December 8, 2020 by Gary V. Dubin. 
(Dubin, Gary) (Entered: 12/08/2020)

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14 Jan 19, 2021 EO: Respondent is directed to update the Court regarding his submission of a 
petition for writ of certiorari by 1/22/21. If/when he files a petition, he must provide
documentation to the Court. (JUDGE JILL A. OTAKE)(shm) (Entered: 01/19/2021)

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15 Jan 19, 2021 STATUS REPORT JANUARY 19, 2021 by Gary V. Dubin. (Attachments: # 1 Exhibit 
"A")(Dubin, Gary) (Entered: 01/19/2021)

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16 Feb 28, 2021 STATUS REPORT February 28, 2021 by Gary V. Dubin. (Attachments: # 1 Exhibit 
"A")(Dubin, Gary) (Entered: 02/28/2021)

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17 Mar 31, 2021 STATUS REPORT March 31, 2021 by Gary V. Dubin. (Attachments: # 1 Exhibit 
A)(Dubin, Gary) (Entered: 03/31/2021)

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18 Apr 12, 2021 EO: The Court discloses that Bradley Tamm has provided updates regarding the 
status of filings and dispositions in other courts related to these proceedings.
(JUDGE JILL A. OTAKE)(tyk) (Entered: 04/12/2021)

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19 Apr 12, 2021 EO: Respondent is ordered to explain, by 4/13/21, why he has not informed the 
Court about the 4/5/21 denial of his petition for writ of certiorari. See
https://www.supremecourt.gov/orders/courtorders/040521zor_3204.pdf. In his
3/31/21 Status Report, Respondent represented that he would notify the Court
when the Supreme Court ruled upon his petition. ECF No. 17. The Court has
cautioned, on multiple occasions, that Respondent's failure to apprise the Court
within one (1) business day of filings and developments in other proceedings that
may bear up on this case may result in the imposition of reciprocal discipline. ECF
Nos. 5, 7. (JUDGE JILL A. OTAKE)(tyk) (Entered: 04/12/2021)

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20 Apr 12, 2021 STATUS REPORT April 12, 2021 by Gary V. Dubin. (Attachments: # 1 Exhibit 
A)(Dubin, Gary) (Entered: 04/12/2021)

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Att 1 Exhibit A

21 Apr 13, 2021 EO: A Status Conference is SET for 4/19/2021 at 10:00 AM before DISTRICT 
JUDGE JILL A. OTAKE.The hearing will be conducted by video teleconference
(VTC). The courtroom manager will provide the participant with instructions and
information to connect by video prior to the scheduled VTC. The participant must
connect to the VTC at least ten (10) minutes prior to the scheduled start time of the
hearing. The participant shall mute his line until directed to speak by the Court.The
participant is directed to refrain from using speaker phones. The public may attend
this conference (audio only) with the information provided below:1. Dial
1-650-479-3207.2. Enter your Access Code (1607265019) The Court reminds the
participant that he is strictly prohibited from recording or broadcasting any hearing,
in whole or in part, in any fashion. (JUDGE JILL A. OTAKE)(shm) (Entered:
04/13/2021)

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22 Apr 14, 2021 ORDER LIFTING STAY - Signed by JUDGE JILL A. OTAKE on 4/14/2021. (emt, ) 
(Entered: 04/14/2021)

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23 Apr 16, 2021 NOTICE of Appearance by Keith M. Kiuchi on behalf of Gary V. Dubin on behalf of 
Gary V. Dubin. (Kiuchi, Keith) (Entered: 04/16/2021)

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24 Apr 16, 2021 AMENDED NOTICE of Appearance by Keith M. Kiuchi on behalf of Gary V. Dubin on 
behalf of Gary V. Dubin. (Kiuchi, Keith) Modified on 4/20/2021 (emt, ). (Entered:
04/16/2021)

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25 Apr 19, 2021 EP: Status Conference was conducted by video teleconference (VTC). Status 
Conference was not held. Gary Victor Dubin was not present. Telephone calls to Mr.
Dubin by the Courtroom Manager and Mr. Kiuchi were unsuccessful. Status
Conference is CONTINUED to 4/23/2021 at 10:30 AM before DISTRICT JUDGE
JILL A. OTAKE. The hearing will be conducted by video teleconference. The
courtroom manager will provide the participants with instructions and information to

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connect by video prior to the scheduled VTC. (Reporter-Ann Matsumoto) (JUDGE

JILL A. OTAKE)(shm) (Entered: 04/19/2021)

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27 Apr 20, 2021 EO: Although Mr. Kiuchi has entered an appearance as co-counsel, ECF No. 24, Mr. 
Dubin is reminded that because he "is represented by an attorney, [he] may not act
on his or her own behalf in the action unless an order of substitution shall first have
been made by the court." Local Rule 83.5(a). In other words, Mr. Dubin may
represent himself or Mr. Kiuchi may represent him, but not both. As long as Mr.
Kiuchi remains counsel of record, Mr. Dubin cannot act on his own behalf. (JUDGE
JILL A. OTAKE)(shm) (Entered: 04/20/2021)

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28 Apr 22, 2021 EO: The Court is in receipt of Mr. Kiuchi's email request for a two-week continuance 
of the 4/23/21 Status Conference due to Mr. Dubin's health condition. The Court
GRANTS the request and CONTINUES the Status Conference to 5/7/21 at 10:30
AM. Mr. Kiuchi is directed to respond to the following questions by 4/30/21: (1)
Under what authority does Mr. Dubin believe he is entitled to an evidentiary hearing.
(2) Whether Mr. Dubin's 2 Answer to the Order to Show Cause contains all records
relevant to these proceedings, and if not, what records are outstanding.The Status
Conference will be conducted by video teleconference (VTC). The courtroom
manager will provide the participants with instructions and information to connect
by video prior to the scheduled VTC. Participants must connect to the VTC at least
ten (10) minutes prior to the scheduled start time of the hearing. All participants
shall mute their lines until directed to speak by the Court.All attorneys participating
in the hearing are directed to refrain from using speaker phones. The public may
attend this conference (audio only) with the information provided below:1. Dial
1-650-479-3207.2. Enter your Access Code (1607265019) The Court reminds all
participants that they are strictly prohibited from recording or broadcasting any
hearing, in whole or in part, in any fashion. (JUDGE JILL A. OTAKE)(shm) (Entered:
04/22/2021)

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29 Apr 23, 2021 EO: The Status Conference set for 5/7/21 at 10:30 AM is CONTINUED to 2:30 PM 
on the SAME DAY before DISTRICT JUDGE JILL A. OTAKE.The hearing will be
conducted by video teleconference (VTC). The courtroom manager will provide the
participants with instructions and information to connect by video prior to the
scheduled VTC. Participants must connect to the VTC at least ten (10) minutes prior
to the scheduled start time of the hearing. All participants shall mute their lines until
directed to speak by the Court.All attorneys participating in the hearing are directed
to refrain from using speaker phones. The public may attend this conference (audio
only) with the information provided below:1. Dial 1-650-479-3207.2. Enter your
Access Code (1607265019) The Court reminds all participants that they are strictly
prohibited from recording or broadcasting any hearing, in whole or in part, in any
fashion. (JUDGE JILL A. OTAKE)(shm) (Entered: 04/23/2021)

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30 Apr 30, 2021 Email from Keith M. Kiuchi, Esq. re Gary Victor Dubin, sent April 30, 2021. (emt, ) 
(Additional attachment(s) added on 4/30/2021: # 1 Doctor's Letter) (emt, ).
(RESTRICTED TO THE PARTIES AND THE COURT) (Entered: 04/30/2021)

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31 Apr 30, 2021 EO: Mr. Kiuchi emailed 30 the Court, requesting a three-week continuance of the 
5/7/21 Status Conference and a two-week extension of the 4/30/21 deadline to
respond to the Court's 4/22/21 Entering Order ("EO"), see ECF No. 28, due to
Respondent's medical condition. Given the circumstances, the Court GRANTS the

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request. The deadline to respond to the EO is extended to 5/21/21 and the Status
Conference is continued to 6/7/2021 at 9:00 AM. The Court notes that because
Respondent has elected to appear through counsel, counsel should be able to
respond to certain of the Court's inquiries independently, such as those set forth in
the EO.Mr. Kiuchi is instructed to use the same VTC call in information previously
provided to him by the courtroom manager. (JUDGE JILL A. OTAKE)(shm) (Entered:
04/30/2021)

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32 May 21, 2021 RESPONSE Respondent Gary Victor Dubin's Response To 28 The Court's Order Of 
April 22, 2021; and Exhibits 1-4 filed by Gary V. Dubin. (Attachments: # 1 Exhibit 1,
# 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Kiuchi, Keith) Modified on 5/24/2021 (emt,
). (Entered: 05/21/2021)

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33 Jun 7, 2021 EO: Mr. Dubin is directed to file a statement, by 6/14/21, outlining his proffer as to 
each witness he would call if an evidentiary hearing is held in this matter. (JUDGE
JILL A. OTAKE)(shm) (Entered: 06/07/2021)

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34 Jun 7, 2021 EP: Status Conference was conducted by video teleconference (VTC). Gary Victor 
Dubin was present and participated by VTC. Discussion held regarding Defendant's
request for an evidentiary hearing. Mr. Kiuchi to provide the Court with a copy of the
Buffington ODC Order. The Court will issue an order regarding the manner in which
it will conduct proceedings in this case. (Reporter-Ann Matsumoto) (JUDGE JILL A.
OTAKE)(shm) (Entered: 06/07/2021)

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35 Jun 14, 2021 RESPONSE Respondent Gary Victor Dubin's Response To Requests Made By 
Court At Hearing Held on June 7. 2021; and Exhibts 5 -7 re 34 filed by Gary V.
Dubin. (Kiuchi, Keith) Modified on 6/17/2021 (emt, ). (Entered: 06/14/2021)

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36 Jun 21, 2021 Scheduling Conference Statement PLAINTIFFS' SCHEDULING CONFERENCE 

STATEMENT AND CERTIFICATE OF SERVICE. (Kiuchi, Keith) (Entered: 06/21/2021)

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37 Jul 9, 2021 ORDER REGARDING RECIPROCAL DISCIPLINE PROCEEDINGS - Signed by 

JUDGE JILL A. OTAKE on 7/8/2021. (emt, ) (Entered: 07/09/2021)

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38 Jul 11, 2021 EO: Exercising its discretion under Local Rule 83.4, the Court requests that Chief 
Judge J. Michael Seabright appoint a three-judge panel in this matter. (JUDGE JILL
A. OTAKE)(otake1) (Entered: 07/11/2021)

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39 Jul 12, 2021 ORDER APPOINTING THREE-JUDGE HEARING PANEL - Signed by CHIEF JUDGE 
J. MICHAEL SEABRIGHT on 7/12/2021. Pursuant to Judge Jill A. Otake's July 11,
2021 order, ECF No. 38, the following three-judge panel is appointed to this
reciprocal discipline matter: District Judge Leslie E. Kobayashi, District Judge Jill A.
Otake, and Chief Magistrate Judge Kenneth J. Mansfield. Judge Otake shall serve

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as panel chair, and the date of the hearing shall be determined by the panel. (emt, )
(Entered: 07/12/2021)

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40 Jul 28, 2021 MOTION for Extension of Time to File Submit Declaration of John D. Waihee III 
Keith M. Kiuchi appearing for Respondent Gary V. Dubin (Kiuchi, Keith) (Entered:
07/28/2021)

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41 Jul 29, 2021 EO: On 7/28/21, Respondent filed a 40 Request for Additional Time to Submit 
Declaration, seeking an extension of the 7/28/21 deadline, until 8/2/21, to submit a
declaration from former Governor John Waihee, III. As he has in this case and his
related case, Civil No. 21-00175 JAO-KJM, Respondent continues to cite his health
and medical issues as a basis for extensions of time and delays. Critically absent
from his requests is an explanation as to why he is personally preparing filings --
and is the only person who is purportedly able to do so -- when he is represented
by Mr. Kiuchi. This is especially relevant here because former Governor Waihee was
Respondent's counsel in disciplinary proceedings. He, not Respondent, should be
preparing his declaration. Respondent wanted former Governor Waihee to testify
regarding the disciplinary proceedings. ECF No. 35 at 6. The Court authorized the
submission of the declaration to allow Respondent to present this information. If the
declaration in fact contains Respondent's account of the disciplinary proceedings,
with former Governor Waihee merely attaching his signature, it is duplicative and
unnecessary. In addition to limitations caused by his health issues, Respondent
complains that he could not meet the 7/28/21 due to other deadlines this week in
his related case. Not only is that an uncompelling basis for an extension,
Respondent knew about the deadline since 7/9/21. In his related case, Respondent
knew about the deadlines since 7/6/21, when he received a two-week extension.
Yet he waited until the close of business on 7/28/21 to seek an extension. Notably,
he did the same in his related case, requesting an extension of the deadline after it
expired. This increasingly dilatory conduct will not be tolerated. If Respondent
wishes to submit former Governor Waihee's declaration, he must do so by noon on
7/30/21. Accordingly, the Motion is GRANTED IN PART AND DENIED IN PART.
(JUDGE JILL A. OTAKE)(shm) (Entered: 07/29/2021)

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42 Jul 29, 2021 MOTION for Reconsideration Motion for Reconsideration Of Denial In part Of 
Respondent Gary Victor Dubin's Request For Additional Time To Submit
Declaration of Jogn D. Waihee III Keith M. Kiuchi appearing for Respondent Gary V.
Dubin (Kiuchi, Keith) (Entered: 07/29/2021)

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Jul 29, 2021 Order on Motion for Extension of Time to File 

43 Jul 30, 2021 EO: On 7/29/21, Respondent filed a 42 Motion for Reconsideration of the Court's 
7/29/21 Entering Order ("EO"), ECF No. 41, asking the Court to extend the 7/30/21
deadline to submit former Governor Waihee's declaration to 8/2/21. Local Rule 60.1
provides three bases for reconsideration of interlocutory orders: "(a) Discovery of
new material facts not previously available; (b) Intervening change in law; and/or (c)
Manifest error of law or fact." Respondent failed to cite any legal provisions entitling
him to reconsideration, but subsection (c) is the only provision that could potentially
apply. "Motions for reconsideration are disfavored" and "may not repeat arguments
already made, unless necessary to present one or more of the permissible grounds
for the reconsideration request." Local Rule 60.1. The Ninth Circuit requires that a
successful motion for reconsideration accomplish two goals. "First, a motion for
reconsideration must demonstrate some reason why the Court should reconsider
its prior decision. Second, the motion must set forth facts or law of a 'strongly
convincing' nature to induce the court to reverse its prior decision." Jacob v. United
States, 128 F. Supp. 2d 638, 641 (D. Haw. 2000) (citing Decker Coal Co. v. Hartman,
706 F. Supp. 745, 750 (D. Mont. 1988)) (citation omitted). Mere disagreement with a
court's analysis in a previous order is not a sufficient basis for reconsideration. See
White v. Sabatino, 424 F. Supp. 2d 1271, 1274 (D. Haw. 2006) (citing Leong v. Hilton
Hotels Corp., 689 F. Supp. 1572 (D. Haw. 1988)); Haw. Stevedores, Inc. v. HT & T
Co., 363 F. Supp. 2d 1253, 1269 (D. Haw. 2005). "Whether or not to grant
reconsideration is committed to the sound discretion of the court." Navajo Nation v.
Confederated Tribes and Bands of the Yakama Indian Nation, 331 F.3d 1041, 1046
(9th Cir. 2003) (citing Kona Enters., Inc. v. Estate of Bishop, 229 F.3d 877, 890 (9th
Cir. 2000)).Respondent includes a number of representations concerning Mr.
Kiuchi's workload, but they do not support reconsideration. "As a general rule, a
party cannot seek reconsideration based on grounds that could have been raised in
connection with the original motion." Abel v. Bank of Am., N.A., CIV. NO. 20-00176
LEK-WRP, 2020 WL 6626122, at *2 (D. Haw. Nov. 12, 2020) (citations omitted). Even
if these facts were timely presented to the Court, they would not change the Court's
ruling in the EO. The additional facts concerning former Governor Waihee's
availability to discuss his declaration -- not until 7/30/21 when Mr. Kiuchi is meeting
him about a different matter -- likewise do not support reconsideration. In fact, they
bolster the Court's EO, as they demonstrate that Respondent waited until 7/30/21,
after the expiration of the original 7/28/21 deadline, to make efforts related to the
declaration when he knew about the deadline since 7/9/21. Mr. Kiuchi now
represents that "[i]t was never intended for Mr. Dubin to write Gov. Waihee's
declaration." ECF No. 42 ¶ 2. This directly contradicts his representation in the
motion for extension: "[T]he declaration of John D. Waihee III must be drafted by
Mr. Dubin because he alone has had communications with Gov. Waihee both during
the process before the Office of Disciplinary Counsel and after." ECF No. 40 ¶ 3. So
he is either backpedaling in response to the EO, or the latter statement was
presented -- truthful or not -- in an effort to obtain an extension. Because
Respondent has presented no basis for reconsideration, the Court, exercising its
sound discretion, DENIES the Motion. The deadline to file former Governor
Waihee's declaration remains noon on 7/30/21. Respondent is reminded that he has
no right to submit this declaration. The Court extended the opportunity as a
courtesy. (JUDGE JILL A. OTAKE)(otake1) (Entered: 07/30/2021)

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Jul 30, 2021 Order on Motion for Reconsideration 

44 Aug 10, 2021 EO: Oral Argument is SET for 9/8/21 at 10:00 AM before DISTRICT JUDGE LESLIE 
E. KOBAYASHI, DISTRICT JUDGE JILL A. OTAKE, and MAGISTRATE JUDGE
KENNETH J. MANSFIELD, pursuant to the 39 Order Appointing Three-Judge
Hearing Panel. The hearing will be conducted by video teleconference (VTC). The

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courtroom manager will provide the participants with instructions and information to
connect by video prior to the scheduled VTC. Participants must connect to the VTC
at least ten (10) minutes prior to the scheduled start time of the hearing. All
participants shall mute their lines until directed to speak by the Court.All attorneys
participating in the hearing are directed to refrain from using speaker phones. The
public may attend this conference (audio only) with the information provided
below:1. Dial 1-650-479-3207.2. Enter your Access Code (1607265019) The Court
reminds all participants that they are strictly prohibited from recording or
broadcasting any hearing, in whole or in part, in any fashion. (JUDGE JILL A.
OTAKE)(shm) (Entered: 08/10/2021)

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45 Aug 25, 2021 Respondent Gary Victor Dubin's Urgent Ex Parte REQUEST Under Oath to the 
Honorable J. Michael Seabright, to Amend His July 12, 2021 "Order Appointing
Three-Judge Hearing Panel" re 39 by Gary V. Dubin. (Attachments: # 1 Declaration
of Gary Victor Dubin, # 2 Exhibit 1, # 3 Exhibit 2 (Exhibit 3 is attached), # 4 Exhibit 3,
# 5 Exhibit 4, # 6 Exhibit 5, # 7 Certificate of Service)(Dubin, Gary) Modified on
8/26/2021 (emt, ). (Entered: 08/25/2021)

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Aug 26, 2021 ADVISORY ENTRY. Incomplete Filing - Please be advised that Document 45 Ex 
Parte REQUEST Under Oath to the Honorable J. Michael Seabright, to Amend His
July 12, 2021 "Order Appointing Three-Judge Hearing Panel" filed by Gary Victor
Dubin, was not filed in its entirety. The filing party is advised that Exhibit 2 contains
an attachment that appears to be a duplicate of Exhibit 3. The filing party may
submit Exhibit 2 for filing (an appropriate caption cover page, that includes
counsel's identification, the case number and document caption, should be
submitted with that filing). (emt, )

46 Aug 26, 2021 EO: In his 45 Urgent Ex Parte Request Under Oath to the Honorable J. Michael 
Seabright, Chief Judge, to Amend his July 12, 2021 "Order Appointing Three-Judge
Hearing Panel" [Doc. 39], Respondent accuses Bradley Tamm of "pressing Judge
Otake behind the scenes against [Respondent] to harm [Respondent] that was only
belatedly revealed to [Respondent] by Judge Otake." ECF No. 45-1 7.i. This
allegation of purportedly improper conduct is based exclusively on an Entering
Order ("EO") stating: "The Court discloses that Bradley Tamm has provided updates
regarding the status of filings and dispositions in other courts related to these
proceedings." ECF No. 18. To avoid further misinterpretation and false assumptions
by Respondent, the undersigned clarifies that Mr. Tamm has not communicated
directly with chambers regarding these proceedings. The updates referenced in the
EO were provided to the clerk's office and, as noted in the EO, concerned filings
and dispositions in other courts, all of which are matters of public record. Therefore,
any suggestion that nefarious conduct has tainted the proceedings is unfounded.
(JUDGE JILL A. OTAKE)(shm) (Entered: 08/26/2021)

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47 Aug 26, 2021 EO: On 8/25/21 Respondent filed an 45 Urgent Ex Parte Request Under Oath to the 
Honorable J. Michael Seabright, Chief Judge, to Amend his July 12, 2021 "Order
Appointing Three-Judge Hearing Panel" [Doc. 39]. Respondent requests
consolidation of this case and another pending case in which he is a plaintiff (Civil
No. 21-00175 JAO-KJM) because "many if not most of the underlying issues are
the same." ECF No. 45-1 10. Respondent also requests a three-judge panel
excluding any district judge presiding over one of Dubin's cases currently pending
in district court or on appeal. Id. Although the Request is directed to Chief Judge
Seabright, the current three-judge panel is presiding over this case and has the
authority to determine the manner in which proceedings are conducted.

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Respondent has not provided any authority, nor could he, entitling him to a three-
judge panel comprised of judges having no ties to Respondent's cases. Indeed, he
is not even entitled to a three-judge panel. One was assigned in the exercise of the
Court's discretion. Neither has Respondent properly sought consolidation through a
formal motion. Even if he had, however, the motion would be denied. Reciprocal
discipline cases are discrete proceedings and do not follow the same course as a
typical civil action. There is no basis to consolidate this reciprocal disciplinary
proceeding exclusively concerning Respondent's disbarment with a civil case
involving hundreds of parties, particularly when the legal standards and procedural
mechanisms differ so significantly. Accordingly, the Request is DENIED. (JUDGE
JILL A. OTAKE)(JUDGE LESLIE E. KOBAYASHI) (MAGISTRATE JUDGE KENNETH J.
MANSFIELD) (shm) (Entered: 08/26/2021)

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Aug 26, 2021 Order on Motion for Miscellaneous Relief 

48 Aug 29, 2021 Errata (CORRECTED EXHIBIT 2) re 45 Respondent Gary Victor Dubin's Urgent Ex 
Parte Request Under Oath to the Honorable J. Michael Seabright, Chief Judge, to
Amend His July 12, 2021 "Order Appointing Three-Judge Hearing Panel", [Doc. 39].
(Dubin, Gary) Modified on 8/30/2021 to create linkage to underlying motion (emt, ).
(Entered: 08/29/2021)

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49 Aug 30, 2021 MOTION for Reconsideration (Local Rule 60.1(c) Request for Reconsideration of 
this Court's 8/26/21 Minute Order [Doc. 47 ] Denying Request by Respondent Gary
Victor Dubin [Doc. 45] to the Honorable J. Michael Seabright, Chief Judge, to
Amend His July 12, 2021 "Order Appointing Three-Judge Hearing Panel" [Doc. 39])
Gary Victor Dubin appearing for Respondent Gary V. Dubin (Dubin, Gary) Modified
on 8/31/2021 to create linkage to related order, text modified (emt, ). (Entered:
08/30/2021)

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50 Aug 30, 2021 EO: Respondent continues to act on his own behalf, ECF Nos. 45, 48, 49, 
notwithstanding multiple admonitions by the Court that he is prohibited from doing
so. Keith Kiuchi is directed to file a declaration by 8/31/21 explaining why he
continues to permit Respondent to do so when he is counsel of record. Respondent
is advised that any and all submissions not filed by counsel are disregarded and
considered withdrawn from the record. (JUDGE JILL A. OTAKE) (LESLIE E.
KOBAYASHI) (KENNETH J. MANSFIELD)(shm) Modified on 8/30/2021 (shm).
(Entered: 08/30/2021)

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51 Aug 31, 2021 Declaration Declaration of Keith M. Kiuchi. (Kiuchi, Keith) (Entered: 08/31/2021) 

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52 Sep 2, 2021 TRANSMITTAL of DOCUMENTS Re: Supreme Court of the State of Hawaii, Case 
No. SCAD-19-0000561; Office of Disciplinary Counsel v. Gary V. Dubin.

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(Attachments: # 1 Docket Sheet, SCAD-19-000561 (docket printed on 5/27/2020,

reflects entries 1-176), # 2 Doc.1 - Report, Findings, and Recommendation, # 3
Doc. 2 (DBF 1 - 43) DBF - 1, # 4 DBF - 2, # 5 DBF - 3, # 6 DBF - 4, # 7 DBF - 5, # 8
DBF - 6, # 9 DBF - 7, # 10 DBF - 8, # 11 DBF - 9, # 12 DBF - 10, # 13 DBF - 11, #
14 DBF - 12, # 15 DBF - 13, # 16 DBF - 14, # 17 DBF - 15, # 18 DBF - 16, # 19 DBF
- 17, # 20 DBF - 18, # 21 DBF - 19, # 22 DBF - 20, # 23 DBF - 21, # 24 DBF - 22, #
25 DBF - 23, # 26 DBF - 24, # 27 DBF - 25, # 28 DBF - 26, # 29 DBF - 27, # 30 DBF
- 28, # 31 DBF - 29, # 32 DBF - 30, # 33 DBF - 31, # 34 DBF - 32, # 35 DBF - 33, #
36 DBF - 34, # 37 DBF - 35, # 38 DBF - 36, # 39 DBF - 37, # 40 DBF - 38, # 41 DBF
- 39, # 42 DBF - 40, # 43 DBF - 41, # 44 DBF - 42, # 45 DBF - 43, # 46 Doc. 3 (DBF
44 - 47) DBF - 44) (emt, ) (Additional attachment(s) added on 9/2/2021: # 47 DBF -
45, # 48 DBF - 46, # 49 DBF - 47) (emt, ). Modified on 9/3/2021 (emt, ). (Additional
attachment(s) added on 9/3/2021: # 50 Docket Sheet, SCAD-19-0000561 (printed
9/2/2021, reflects entries 1 -369) ) (emt, ). Modified on 9/3/2021 (emt, ). (Entered:
09/02/2021)

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53 Sep 2, 2021 TRANSMITTAL of DOCUMENTS Re: Supreme Court of the State of Hawaii, Case 
No. SCAD-19-0000561; Office of Disciplinary Counsel v. Gary V. Dubin.
(Attachments: # Doc. 4 (DBF 48-94) (1) 1 DBF - 48, # 2 DBF - 49, # 3 DBF - 50, # 4
DBF - 51, # 5 DBF - 52, # 6 DBF - 53, # 7 DBF - 54, # 8 DBF - 55, # 9 DBF - 56, #
10 DBF - 57, # 11 DBF - 58, # 12 DBF - 59, # 13 DBF - 60, # 14 DBF - 61, # 15 DBF
- 62, # 16 DBF - 63, # 17 DBF - 64, # 18 DBF - 65, # 19 DBF - 66, # 20 DBF - 67, #
21 DBF - 68, # 22 DBF - 69, # 23 DBF - 70, # 24 DBF - 71, # 25 DBF - 72, # 26 DBF
- 73, # 27 DBF - 74, # 28 DBF - 75, # 29 DBF - 76, # 30 DBF - 77, # 31 DBF - 78, #
32 DBF - 79, # 33 DBF - 81, # 34 DBF - 82, # 35 DBF - 83, # 36 DBF - 84, # 37 DBF
- 85, # 38 DBF - 86, # 39 DBF - 87, # 40 DBF - 88, # 41 DBF - 89, # 42 DBF - 90, #
43 DBF - 91, # 44 DBF - 92, # 45 DBF - 93, # 46 DBF - 94) (emt, ) Modified on
9/2/2021 Note: There was no document identified as DBF - 80 included in filing.
(emt, ). (Entered: 09/02/2021)

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54 Sep 2, 2021 TRANSMITTAL of DOCUMENTS Re: Supreme Court of the State of Hawaii, Case 
No. SCAD-19-0000561; Office of Disciplinary Counsel v. Gary V. Dubin.
(Attachments: Docs. 5-8 # 1 DBF - 95 (Part 1 of 4, Exhibits 1-21), # 2 DBF - 95 (Part
2 of 4, Exhibits 22-59), # 3 DBF - 95 (Part 3 of 4, Exhibits 60-78), # 4 DBF - 95 (Part
4 of 4, Exhibits 79-82)) (emt, ) (Additional attachment(s) added on 9/2/2021:

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55 Sep 2, 2021 TRANSMITTAL of DOCUMENTS; Supreme Court of the State of Hawaii, Case No. 
SCAD-19-0000561; Office of Disciplinary Counsel v. Gary V. Dubin. (Attachments: #
1 PE (Pet Exhs A1-A5), # 2 PE (Pet Exhs A6-A7 (Part 1 of 2), # 3 Pet Exhs A7 (Part 2
of 2) - A8, # 4 Pet Exhs A9 - A13 (Part 1 of 2), # 5 Pet Exh A13 (Part 2 of 2), # 6 Pet
Exhs A14 - B1, # 7 Pet Exhs B2 - B23, # 8 Pet Exhs B24 - B35, # 9 Pet Exhs B36 -
C32, # 10 Pet Exhs C33 - D12, # 11 Pet Exhs D13 - E4) (emt, ) (Entered:
09/02/2021)

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56 Sep 2, 2021 TRANSMITTAL of DOCUMENTS Supreme Court of the State of Hawaii, Case No. 
SCAD-19-0000561; Office of Disciplinary Counsel v. Gary V. Dubin. (Attachments: #
1 Resp Exhs (Andia 0-39) - SEALED by Appellate Clerk on 3/30/20, # 2 Resp Exhs
(HE 1-12)) (emt, ) (Additional attachment(s) added on 9/2/2021: # 3 Resp Exhs (HE)
13 to 18.1 (Part 1 of 2), # 4 Resp Exh (HE) 18.1 (Part 2 of 2), # 5 Resp Exh (HE) 18.2,
# 6 Resp Exh (HE) 18.3, # 7 Resp Exh (HE) 18.4, # 8 Resp Exh (HE) 18.5, # 9 Resp
Exh (HE) 18.6) (emt, ). (Additional attachment(s) added on 9/2/2021: # 10 Resp Exhs
(ICA 1a) A - D and PWM, # 11 Resp Exhs (ICA 1b) E - R, # 12 Resp Exhs (ICA 1b) S

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- (CA 2) G, # 13 Resp Exhs (ICA3) 18 - (CA 4) 53, # 14 Resp Exhs (ICA 4) 54 -

(JSmith) 11, # 15 Notice of Electronic Filing) (emt, ). (Entered: 09/02/2021)

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57 Sep 2, 2021 TRANSMITTAL of DOCUMENTS: Supreme Court of the State of Hawaii, Case No. 
SCAD-19-0000561; Office of Disciplinary Counsel v. Gary V. Dubin. (Attachments: #
1 Declaration of Gary Victor Dubin Requesting Sealing of Records, # 2 Notice of
Electronic Filing, # 3 ODC's Memo in Opp, # 4 Notice of Electronic Filing, # 5
Supplemental Declaration of Gary Victor Dubin Further Requesting Sealing of
Records, # 6 Exhibits A -D, # 7 Exhibits E - G, # 8 Exhibits H - J, # 9 Exhibits K - M,
# 10 Certificate of Service, # 11 Notice of Electronic Filing, # 12 Order Denying
Request to Seal Records, # 13 Notice of Electronic Filing, # 14 Motion for
Reconsideration, # 15 Notice of Electronic Filing, # 16 Motion to Disqualify, # 17
Notice of Electronic Filing, # 18 Application for Setting Briefing, # 19 Notice of
Electronic Filing) (emt, ) (Additional attachment(s) added on 9/2/2021: # 20 ODC's
Memo in Opp to Motion to Disqualify, # 21 Notice of Electronic Filing, # 22 Motion
to File Reply to ODC's Memo in Opp, # 23 Notice of Electronic Filing, # 24 Order
Denying Motion for Reconsideration, # 25 Notice of Electronic Filing, # 26 ODC's
Statement in Opp to Respondent's Motion to File Reply, # 27 Notice of Electronic
Filing, # 28 Order Granting Motion to File Reply, # 29 Notice of Electronic Filing)
(emt, ). (Additional attachment(s) added on 9/2/2021: # 30 Respondent's Reply to
ODC's Memo in Opp to Motion to Disqualify, # 31 Notice of Electronic Filing, # 32
Order Granting Motion for Briefing, # 33 Notice of Electronic Filing, # 34 Doc 76 -
Rule 29(a) Written Request to Clerk for Extension to File Brief, # 35 77 - Notice of
Electronic Filing - [ 78 - Text Entry Order Granting Dubin's request for ext of time to
file OB from 10/15/19 to 11/14/19] (emt, ). Modified on 9/2/2021 (emt, ). (Additional
attachment(s) added on 9/2/2021: # 36 79 - Notice of Electronic Filing, # 37 80 -
Order, # 38 81 - Notice of Electronic Filing) (emt, ). Modified on 9/2/2021 (emt, ).
(Entered: 09/02/2021)

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58 Sep 2, 2021 TRANSMITTAL of DOCUMENTS: Supreme Court of the State of Hawaii, Case No. 
SCAD-19-0000561; Office of Disciplinary Counsel v. Gary V. Dubin. (Attachments: #
1 82 - Motion for Extension to File Opening Brief, # 2 83 - Notice of Electronic
Filing, # 3 84 - Order Granting Extension, # 4 85 - Notice of Electronic Filing, # 5 86
- ODC's Opp to Respondent's Motion for Extension, # 6 87 - Notice of Electronic
Filing, # 7 88 - ODC's Notice of Intent to Retain Outside Counsel, # 8 89 - Notice of
Electronic Filing, # 9 90 - Order Granting in Part Respondent's Motion to Extend
Deadline, # 10 91 - Notice of Electronic Filing, # 11 92 - Respondent's Objection to
Proposed Retention of Outside Counsel, # 12 93 - Notice of Electronic Filing, # 13
94 - Motion to Appear Pro Hac Vice of Hamilton P. Fox III, # 14 95 - Notice of
Electronic Filing, # 15 96 - Respondent's Motion to Dismiss, # 16 97 - Notice of
Electronic Filing, # 17 98 - Respondent's Opp to Petitioner's Motion for Pro Hac
Vice, # 18 99 - Notice of Electronic Filing, # 19 100 - Mem Opp to Respondent's
Motion to Dismiss, # 20 101 - Notice of Electronic Filing, # 21 102 - Declaration of
Philip H. Lowenthal in Opp to Objection to Counsel, # 22 103 - Notice of Electronic
Filing, # 23 104 - Respondent's Motion for 15-Day Extension to File Opening Brief
and Page Limitation, # 24 105 - Notice of Electronic Filing, # 25 106 - Order
Granting 15-day Extension, granting in part 15-page enlargement, # 26 107 - Notice
of Electronic Filing, # 27 108 - Order Denying PHV admission of Hamilton P. Fox, III,
# 28 109 - Notice of Electronic Filing, # 29 110 - Order Denying Dubin's motions to
dismiss, and for fees and costs, # 30 111 - Notice of Electronic Filing, # 31 112 -
Respondent's Motion for 10-day Extension to File Opening Brief, # 32 113 - Notice
of Electronic Filing, # 33 114 - Order granting Respondent's request for 10-day
extension, # 34 115 - Notice of Electronic Filing) (emt, ) (Entered: 09/03/2021)

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59 Sep 2, 2021 TRANSMITTAL of DOCUMENTS: Supreme Court of the State of Hawaii, Case No. 
SCAD-19-0000561; Office of Disciplinary Counsel v. Gary V. Dubin (Attachments: #
1 116 - Respondent's Supplemental Declaration, # 2 117 - Notice of Electronic
Filing, # 3 Renewed Motion for Pro Hac Vice Admission of Hamliton P. Fox, III, # 4
119 - Notice of Electronic Filing, # 5 120 - Supplemental Declaration of Gary Victor
Dubin, # 6 121 - Notice of Electronic Filing, # 7 122 - Respondent's Opp to
Petitioner's Renewed Motion for Admission of Hamliton P. Fox, III, # 8 123 - Notice
of Electronic Filing, # 9 124 - Supplemental Declaration of Terence J. O'Toole in
Supp of Renewed PHV Motion, # 10 125 - Notice of Electronic Filing, # 11 126 -
Respondent's Motion for Leave to File Supp Declaration, # 12 127 - Notice of
Electronic Filing, # 13 128 - Order denying renewed PHV motion, # 14 129 - Notice
of Electronic Filing, # 15 130 - Notice of Correction, # 16 131 - Order denying
Respondent's request to file supplemental declaration, # 17 132 - Notice of
Electronic Filing, # 18 133 - Renewed PHV motion of Hamliton P. Fox, III, # 19 134 -
Notice of Electronic Filing, # 20 135 - Supplemental Declaration of Gary Victor
Dubin, # 21 136 - Notice of Electronic Filing, # 22 137 - Order granting PHV motion
of Hamilton P. Fox, III, # 23 138 - Notice of Electronic Filing, # 24 139 - Second
Supplemental Declaration of Gary Victor Dubin, # 25 140 - Notice of Electronic
Filing, # 26 141 - Notice of Registration of Hamilton P. Fox, III as PHV, # 27 142 -
Notice of Electronic Filing, # 28 143 - Petitioner's Response to Declaration of
Respondent, # 29 144 - Notice of Electronic Filing, # 30 145 - Motion for Extension
of Time to File Reply, # 31 146 - Notice of Electronic Filing, # 32 147 - Order
granting motion for extension of time, # 33 148 - Notice of Electronic Filing, # 34
149 - Motion for Further Extenion of Time to File Reply, # 35 150 - Notice of
Electronic Filing, # 36 151 - Declaration of Gary Victor Dubin in Reply, # 37 152 -
Notice of Electronic Filing, # 38 153 - Order granting one-day extension, # 39 154 -
Notice of Electronic Filing, # 40 155 - Petitioner's Response to Declaration, # 41
156 - Notice of Electronic Filing, # 42 157 - Respondent's Supp Declaration in
Reply, # 43 158 - Notice of Electronic Filing, # 44 159 - Amended Supp Declaration,
# 45 160 - Notice of Electronic Filing) (emt, ) (Additional attachment(s) added on
9/3/2021: # 46 161 - Order granting Resp until 4/30/2020 to file opening brief, # 47
162 - Notice of Electronic Filing, # 48 163 - Notice to All Parties re sealing of dkt 28,
# 49 164 - Notice of Electronic Filing, # 50 165 - Notice to All Parties re redacted
dkt. 28, # 51 166 - Notice of Electronic Filing) (emt, ). (Additional attachment(s)
added on 9/3/2021: # 52 167 - Third Supplemental Declaration of Gary Victor
Dubin, # 53 168 - Notice of Electronic Filing, # 54 169 - Order (resp/co-counsel
have until midnight 5/5/2020 to file opening brief), # 55 170 - Notice of Electronic
Filing) (emt, ). (Entered: 09/03/2021)

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60 Sep 2, 2021 TRANSMITTAL of DOCUMENTS : Supreme Court of the State of Hawaii, Case No. 
SCAD-19-0000561; Office of Disciplinary Counsel v. Gary V. Dubin . (Attachments: #
1 171 - Opening Brief, # 2 172 - Notice of Electronic Filing, # 3 173 - Errata to
Opening Brief, # 4 174 - Notice of Electronic Filing, # 5 175 - Respondent's Motion
to Correct/Supplement Record, # 6 176 - Notice of Electronic Filing, # 7 177 - Opp
to Motion to Correct/Supplement Record, # 8 178 - Notice of Electronic Filing, # 9
179 - Order denying motion to correct/supplement record, # 10 180 - Notice of
Electronic Filing, # 11 181 - ODC's Answering Brief, # 12 182 - Notice of Electronic
Filing, # 13 183 - Resp's Rule 29(a) Motion to Clerk for Extension, # 14 184 - Notice
of Electronic Filing/ 185 - TEXT ENTRY Clerk's Extension on Motion ) (emt, )
(Additional attachment(s) added on 9/3/2021: # 15 186 - Notice of Electronic Filing,
# 16 187 - Resp Motion to Strike Pet's Answering Brief, # 17 188 - Notice of
Electronic Filing, # 18 189 - Order granting motion to strike, # 19 190 - Notice of
Electronic Filing, # 20 191 - Motion for Recon of Order Striking Anwering Brief, # 21
192 - Amended Answering Brief, # 22 193 - Notice of Electronic Filing, # 23 Order
denying motion for recon, # 24 195 - Notice of Electronic Filing, # 25 196 - Reply

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Brief, # 26 197 - Exhibit A (Part 1 of 3), # 28 198 - Exhibit A ( Part 2 of 3), # 29 199 -
Part A (Part 3 of 3), # 30 200 - Exhibit B, # 31 201 - Exhibit C, # 32 202 - Notice of
Electronic Filing) (emt, ). Modified on 9/3/2021 (emt, ). (Additional attachment(s)
added on 9/3/2021: # 33 203 - Motion to Strike Exhibits to Reply Brief, # 34 204 -
Notice of Electronic Filing, # 35 205 - Motion for Brief Extension to File Opp to
Motion to Strike, # 36 206 - Notice of Electronic Filing, # 37 Opp to Motion for
Extension of Time, # 38 208 - Notice of Electronic Filing, # 39 209 - Order granting
extension, # 40 210 - Notice of Electronic Filing, # 41 211 - Opp to Motion to Strike
Exhibits, # 42 212 - Notice of Electronic Filing) (emt, ). (Entered: 09/03/2021)

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61 Sep 2, 2021 TRANSMITTAL of DOCUMENTS: Supreme Court of the State of Hawaii, Case No. 
SCAD-19-0000561; Office of Disciplinary Counsel v. Gary V. Dubin . (Attachments: #
1 213 - HRAP Rule 28(J) Letter to Clerk, # 2 214 - Notice of Electronic Filing, # 3
215 - Order - briefing is complete, # 4 216 - Notice of Electronic Filing, # 5 217 -
Order of Disbarment, # 6 218 - Notice of Electronic Filing, # 7 219 - Motion for
Reconsideration, # 8 220 - Exhibits 1-8, # 9 221 - Exhibits 9-16, # 10 222 - Exhibits
17-19, # 11 223 - Exhibits 20-23, # 12 224 - Exhibit 24, # 13 225 - Exhibit 25A, # 14
226 - Exhibit 25B, # 15 227 - Exhibit 26, # 16 228 - Exhibit 27, # 17 229 - Exhibit
29A, # 18 230 - Exhibit 29B, # 19 231 - Exhibit 29C, # 20 232 - Exhibits 30-32, # 21
233 - Exhibits 33, # 22 234 - Notice of Electronic Filing, # 23 235 - Order granting in
part, denying in part motion for recon, # 24 236 - Notice of Electronic Filing, # 25
237 - Notice of Appearance of Robert G. Klein, # 26 238 - Notice of Electronic
Filing) (emt, ) (Entered: 09/03/2021)

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62 Sep 3, 2021 EO: Respondent is notified that all references to the underlying record shall be 
made pursuant to the corresponding CM/ECF citations, including references at oral
argument. ECF Nos. 52-61. At the 9/8/21 oral argument, Respondent will be subject
to a 15 minute time limit. (JUDGE JILL A. OTAKE) (LESLIE E. KOBAYASHI)
(KENNETH J. MANSFIELD) (shm) Modified on 9/3/2021 (shm, ). (Entered:
09/03/2021)

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63 Sep 7, 2021 TRANSMITTAL of DOCUMENTS: Supreme Court of the State of Hawaii, Case No. 
SCAD-19-0000561; Office of Disciplinary Counsel v. Gary V. Dubin . (Attachments: #
1 239 - Payment Declaration of Gary Victor Dubin, # 2 240 - Notice of Electronic
Filing, # 3 242 - Notice of Electronic Filing, # 4 243 - ODC's Emergency Post-
Judgment Motion to Partially Lift Prior Disqualification Order (redacted), # 5 244 -
Notice of Electronic Filing, # 6 245 - Notice of Correction, # 7 246 - Mem Opp to
ODC's Emergency Post-Judgment Motion to Partially Lift Prior Disqualification
Order, # 8 247 - Notice of Electronic Filing, # 9 248 - Motion for Stay, # 10 249 -
Notice of Electronic Filing, # 11 250 - Declaration of Gary Victor Dubin Requesting
Judicial Notice in Support of Motion to Stay, # 12 251 - Exhibit 1, # 13 252 -
Exhibits 2 & 3, # 14 253 - Notice of Electronic Filing, # 15 254 - Order denying
10/12/20 motion filed by Bradley Tamm, # 16 255 - Notice of Electronic Filing, # 17
256 - Certificate of Service, # 18 257 - Notice of Electronic Filing, # 19 258 - ODC's
Opp to Respondent's Application for Stay, # 20 259 - Notice of Electronic Filing, #
21 260 - Substitution of Local Counsel for ODC, # 22 261 - Notice of Electronic
Filing, # 23 262 - Notice of Correction, # 24 263 - Errata re ODC's Opp to Resp's
App for Stay, # 25 264 - Notice of Electronic Filing, # 26 265 - Order denying motion
for stay, # 27 266 - Notice of Electronic Filing) (emt, ) (Entered: 09/07/2021)

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64 Sep 7, 2021 TRANSMITTAL of DOCUMENTS: Supreme Court of the State of Hawaii, Case No. 
SCAD-19-0000561; Office of Disciplinary Counsel v. Gary V. Dubin . (Attachments: #

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1 267 - Motion to Strike, # 2 269 - Declaration of Gary Victor Dubin, # 3 270 -

Exhibit A, # 4 271 - Exhibit B, # 5 272 - Exhibit C, # 6 273 - Exhibit D, # 7 274 -
Exhibit E, # 8 275 - Exhibit F, # 9 276 - Certificate of Service, # 10 277 - Notice of
Electronic Filing, # 11 278 - Motion for Leave to Conduct Discovery, # 12 279 -
Notice of Electronic Filing, # 13 280 - Supp Declaration of Gary Victor Dubin in
Further Supp of M/Strike, # 14 281- Notice of Electronic Filing, # 15 282 - ORder, #
16 283 - Notice of Electronic Filing, # 17 284 - DOC's Opp to Resp's M/Strike and
Leave to Conduct Discovery, # 18 285 - Notice of Electronic Filing, # 19 286 -
Resp's M/Leave to File Reply, # 20 287 - Notice of Electronic Filing, # 21 288 -
Order, # 22 289 - Notice of Electronic Filing, # 23 290 - Motion for Reconsideration,
# 24 291 - Notice of Electronic Filing, # 25 292 - (replacement) of Motion for
Reconsideration, # 26 293 - Notice of Electronic Filing, # 27 294 - Respondent's
Supp Memo in Further Supp of Motion for Reconsideration, # 28 295 - Notice of
Electronic Filing, # 29 296 - Notice of Appearance of Keith M. Kiuchi, # 30 297 -
Notice of Electronic Filing, # 31 298 - Notice of Substitution for Dubin Law Offices,
Request for Extension of Time, # 32 299 - Notice of Electronic Filing, # 33 300 -
Certificate of Service, # 34 301 - Notice of Electronic Filing, # 35 302 - Verified Bill
of Costs, # 36 303 - Notice of Electronic Filing, # 37 304 - Order denying M/Recon,
# 38 305 - Notice of Electronic Filing) (emt, ) (Entered: 09/07/2021)

Main Doc

65 Sep 7, 2021 TRANSMITTAL of DOCUMENTS: Supreme Court of the State of Hawaii, Case No. 
SCAD-19-0000561; Office of Disciplinary Counsel v. Gary V. Dubin . (Attachments: #
1 306 - Motion for Entry of Judgment, # 2 307 - Certificate of Service, # 3 308 -
Notice of Electronic Filing, # 4 309 - Opp to App for Stay (redacted), # 5 310 -
Notice of Electronic Filing, # 6 311 - Report of Respondent, # 7 312 - Notice of
Electronic Filing, # 8 313 - Opp to M/Entry of Judgment, # 9 314 - Notice of
Electronic Filing, # 10 315 - Objections to Verified Bill of Costs, # 11 316 - Notice of
Electronic Filing, # 12 317 - Notice of Correction, # 13 318 - M/Leave to Interpose
Reply Memo, # 14 319 - Exhibit A, # 15 320 - Certificate of Service, # 16 321 -
Notice of Electronic Filing, # 17 322 - Order, # 18 323 - Notice of Electronic Filing, #
19 324 - Reply Memo in Supp of M/Entry of Judgment, # 20 325 - Certificate of
Service, # 21 326 - Notice of Electronic Filing, # 22 327 - Objection to Report of
Respondent, # 23 328 - Notice of Electronic Filing, # 24 329 - Order Awarding
Costs, # 25 330 - Notice of Electronic Filing, # 26 331 - Judgment for Costs, # 27
332 - Notice of Electronic Filing, # 28 333 - Order, # 29 334 - Notice of Electronic
Filing, # 30 335 - Judgment, # 31 336 - Notice of Electronic Filing, # 32 337 -
M/Leave to Interpose Reply Memo in Support of Respondent's Report, # 33 338 -
Notice of Electronic Fiilng, # 34 339 - M/Leave to Allow Gary Victor Dubin and
Frederick J. Arensmeyer to Withdraw as Counsel, # 35 340 - Notice of Electronic
Filing, # 36 341 - Notice of Correction, # 37 342 - Order, # 38 343 - Notice of
Electronic Filing, # 39 344 - M/Leave to Interpose Reply Memo in Support of
Respondent's Report, # 40 245 - Notice of Electronic Filing, # 41 346 - Notice of
Correction, # 42 347 - Reply Memo in Support of Respondent's Report, # 43 348 -
Notice of Electronic Filing, # 44 349 - Notice of Correction, # 45 350 - Order to
Show Cause, # 46 351 - Notice of Electronic Filing, # 47 352 - Proof of Payment of
Restitution, # 48 353 - Notice of Electronic Filing, # 49 354 - Response to OSC, #
50 355 - Notice of Electronic Filing, # 51 356 - Order, # 52 357 - Notice of Electronic
Filing, # 53 359 - Notice of Electronic Filing, # 54 360 - Withdrawal of PHV Counsel,
# 55 361 - Notice of Electronic Filing, # 56 362 - Proof of Payment (redacted doc
358), # 57 363 - Notice of Electronic Filing, # 58 364 - AC [petition for writ of
certiorari], # 59 365 - Notice of Electronic Filing, # 60 366 - Petition for Writ of
Certiorari denied, # 61 367 - Notice of Electronic Filing, # 62 368 - Proof of Closing
Client Trust Account, # 63 369 - Notice of Electronic Filing) (emt, ) (Entered:
09/07/2021)

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66 Sep 7, 2021 Final MOTION for Hearing Declaration of Keith M. Kiuchi in Response to This 
Court's Friday Evening, September 3, 2021 Minute Order (Doc. No. 62 ) Keith M.
Kiuchi appearing for Respondent Gary V. Dubin (Kiuchi, Keith) Modified on 9/9/2021
(emt, ). (Entered: 09/07/2021)

Main Doc

67 Sep 7, 2021 EO: At 4:06 p.m. on 9/7/21, the eve of oral argument, Keith Kiuchi filed a 66 
Declaration. In it, he complains that the Court provided a "virtual flood" of state
court documents last week and, by instructing that he use CMECF references at the
oral argument via Entering Order ("EO") on the evening of 9/3/21, provided
insufficient time to identify relevant CMECF references to be used at oral argument.
Ironically, while Mr. Kiuchi laments the timing of the 9/3/21 EO, his Declaration was
not filed until the close of business the day before oral argument. First, the Court
was not obligated to docket the Hawaii Supreme Court record -- it did so for clarity
of record. Respondent could have provided the complete record with his Answer
but did not. Second, even a cursory review of the docket reveals that the clerk's
office painstakingly labeled each document as it appeared on the Hawaii Supreme
Court's docket, with corresponding docket numbers and document titles.
Respondent has had access to the Hawaii Supreme Court docket for the entire
duration of these proceedings (and well before). It is therefore disingenuous to now
claim surprise or inability to ascertain the CMECF references that correspond to the
Hawaii Supreme Court docket items. At this point, Mr. Kiuchi should be very familiar
with the record, having participated in part of the Hawaii Supreme Court
proceedings, and could easily and expeditiously determine what CMECF references
apply by looking at the docket text or using the "find" function to do so. Third, the
Declaration contains a colored chart with arguments. The Court notes that Section
"E" covers arguments that are not the subject of these proceedings. Although no
formal request was made to continue the oral argument, to the extent Mr. Kiuchi
claims that it would take seven to ten days to figure out relevant CMECF citations is
a request to continue, it is DENIED. The Court did not ask for a chart of annotations,
nor is it authorizing the filing of one; it simply asked that if the record is cited at the
hearing, that the relevant CMECF citation (which as docketed clearly identifies the
corresponding Hawaii Supreme Court docket number) be referenced. The Court has
already carefully reviewed the record in its entirety. Finally, the Court will not
countenance repeated misrepresentations of the proceedings before it. Mr. Kiuchi
argues that the docketed Hawaii Supreme Court record "was the same state court
voluminous case file that Respondent had much earlier continually requested be
added to the record of this case to assist this Court's deliberations, which efforts
were ignored and eventually denied as was any briefing of the issues (Doc. No. 37)."
ECF No. 66 at 2. In the very document Mr. Kiuchi cites for this accusation, the Court
disclosed that it had access to the Hawaii Supreme Court records and would not
consider any evidence beyond that unless a review of the record necessitated it.
ECF No. 37 at 34. Respondent previously stated that the Hawaii Supreme Court
record must be secured and reviewed (not docketed) and he wanted to conduct
discovery in this case and his civil action in federal court to present additional
evidence to the Court. See, e.g., ECF No. 32 at 5 ("[T]he official record needs to be
secured from the Clerk of the Hawaii Supreme Court."); ECF No. 35. The Court's
denial was limited to additional evidence outside the Hawaii Supreme Court record.
ECF No. 37. Respondent is again reminded that due process is satisfied with an
order to show cause and review of the state court record. See In re Kramer, 193
F.3d 1131, 1133 (9th Cir. 1999) (citations omitted); In re Kay, 481 F. App'x 407, 408
(9th Cir. 2012). Any contention that he is entitled to more is without merit. (JUDGE
JILL A. OTAKE) (JUDGE LESLIE E. KOBAYASHI) (MAGISTRATE JUDGE KENNETH
J. MANSFIELD) (otake1) (Entered: 09/07/2021)

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68 Sep 8, 2021 EP: Oral Argument was conducted by video teleconference (VTC) before a Three- 
Judge Panel. Gary Victor Dubin was present. Oral arguments heard. Court to issue
a written order. (Reporter-Ann Matsumoto) (JUDGE JILL A. OTAKE) (JUDGE LESLIE
E. KOBAYASHI)(MAGISTRATE JUDGE KENNETH J. MANSFIELD) (shm) Modified on
9/8/2021 (shm). (Entered: 09/08/2021)

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69 Sep 8, 2021 Document stricken pursuant to ECF No. 70 AFFIDAVIT in Support Supplemental 
Post-Hearing Declaration of Respondent, or in the Alternative, Offer of Proof
Pending Appeal, Submitted to the Panel in the Interests of Justice filed by Gary V.
Dubin. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5
Exhibit E, # 6 Exhibit F, # 7 Exhibit G ) (Kiuchi, Keith) Modified on 9/9/2021 (emt, ).
Modified on 9/9/2021 (emt, ). (Entered: 09/08/2021)

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Sep 8, 2021 Order on Motion for Hearing 

70 Sep 9, 2021 EO: On 9/8/21, Respondent filed a 69 Supplemental Post-Hearing Declaration, or in 

the Alternative, Offer of Proof Pending Appeal Submitted to the Panel in the
Interests of Justice. The Court did not request, nor authorize, additional
submissions. Indeed, the Court already ruled that it "will not accept additional
evidence from Respondent... If the Court determines further evidence is necessary,
the Court will request it. Similarly, no additional briefing is permitted unless
requested by the Court." ECF No. 37 at 4. And Respondent's misrepresentations
regarding the 9/8/21 oral argument do not aid the Court in determining whether to
impose reciprocal discipline. Accordingly, the Declaration is STRICKEN. The Court
notes that five of the seven attached exhibits were already filed with Respondent's
Answer. The other two exhibits concern a proceeding outside his disbarment
proceedings, and are therefore irrelevant.(JUDGE JILL A. OTAKE)(JUDGE LESLIE E.
KOBAYASHI)(MAGISTRATE JUDGE KENNETH J. MANSFIELD)(shm) (Entered:
09/09/2021)

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71 Sep 15, 2021 Local Rule 60.1 MOTION for Reconsideration Based on Mistake and Newly 
Discovered, Hidden Evidence to Correct Manifest Error (Doc. 70 ), or in the
Alternative, Offer of Proof Pending Appeal, Submitted to the Panel in the Interests
of Justice Keith M. Kiuchi appearing for Respondent Gary V. Dubin Exhibits A, B
and C and the Declaration of Respondent are stricken pursuant to ECF No. 72
Minute Order (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4
Declaration of Respondent Gary Victor Dubin ) (Kiuchi, Keith) Modified on 9/16/2021
(emt, ). (Entered: 09/15/2021)

Main Doc

72 Sep 16, 2021 EO: On 9/15/21, Respondent filed a document titled 71 "Local Rule 60.1 Motion for 
Reconsideration Based on Mistake and Newly Discovered, Hidden Evidence to
Correct Manifest Error (Doc. No. 70), or in the Alternative, Offer of Proof Pending
Appeal, Submitted to the Panel in the Interests of Justice." Local Rule 60.1 provides
three bases for reconsideration of interlocutory orders: "(a) Discovery of new
material facts not previously available; (b) Intervening change in law; and/or (c)
Manifest error of law or fact." Local Rule 60.1. "Motions for reconsideration are
disfavored" and "may not repeat arguments already made, unless necessary to
present one or more of the permissible grounds for the reconsideration request." Id.
The Ninth Circuit requires that a successful motion for reconsideration accomplish
two goals. "First, a motion for reconsideration must demonstrate some reason why
the Court should reconsider its prior decision. Second, the motion must set forth
facts or law of a 'strongly convincing' nature to induce the court to reverse its prior
decision." Jacob v. United States, 128 F. Supp. 2d 638, 641 (D. Haw. 2000) (citing

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Decker Coal Co. v. Hartman, 706 F. Supp. 745, 750 (D. Mont. 1988)) (citation
omitted). Mere disagreement with a court's analysis in a previous order is not a
sufficient basis for reconsideration. See White v. Sabatino, 424 F. Supp. 2d 1271,
1274 (D. Haw. 2006) (citing Leong v. Hilton Hotels Corp., 689 F. Supp. 1572 (D.
Haw. 1988)); Haw. Stevedores, Inc. v. HT & T Co., 363 F. Supp. 2d 1253, 1269 (D.
Haw. 2005). "Whether or not to grant reconsideration is committed to the sound
discretion of the court." Navajo Nation v. Confederated Tribes and Bands of the
Yakama Indian Nation, 331 F.3d 1041, 1046 (9th Cir. 2003) (citing Kona Enters., Inc.
v. Estate of Bishop, 229 F.3d 877, 890 (9th Cir. 2000)). Respondent fails to meet the
foregoing standards. As with the 69 Supplemental Post-Hearing Declaration, or in
the Alternative, Offer of Proof Pending Appeal Submitted to the Panel in the
Interests of Justice, this Motion is a transparent and misguided effort to supplement
the record without authorization and/or to needlessly clutter the docket by filing
duplicate portions of the state court record that are already part of this record and
which the Court has reviewed. Respondent operates under the misapprehension
that he is entitled to submit whatever he wishes for the purposes of appeal. Under
Selling v. Radford, 243 U.S. 46 (1917), due process is satisfied with the issuance of
an order to show cause and a review of the state court record. See In re Kramer,
193 F.3d 1131, 1133 (9th Cir. 1999) (citations omitted); In re Kay, 481 F. App'x 407,
408 (9th Cir. 2012). The Court need not accept any additional evidence, especially
after the conclusion of oral argument. Accordingly, the Motion is DENIED and the
attached exhibits and declaration are STRICKEN. Respondent is prohibited from
filing additional declarations, motions, or other documents pending the issuance of
the Court's order regarding reciprocal discipline. Failure to comply may result in the
imposition of sanctions against Respondent and/or counsel for disobeying court
orders and rules. See, e.g., Local Rule 11.1 (authorizing the imposition of sanctions
for violations of the Local Rules); Local Rule 60.1 (subjecting a movant who repeats
arguments in a motion for reconsideration to sanctions). (JUDGE JILL A. OTAKE)
(LESLIE E. KOBAYASHI)(KENNETH J. MANSFIELD)(shm) (Entered: 09/16/2021)

Main Doc

Sep 16, 2021 Order on Motion for Reconsideration 

73 Sep 30, 2021 ORDER OF DISBARMENT - Signed by JUDGE LESLIE E. KOBAYASHI, JUDGE JILL 
A. OTAKE AND MAGISTRATE JUDGE KENNETH J. MANSFIELD on 9/30/2021. For
the reasons stated herein, Respondent Gary Victor Dubin is HEREBY DISBARRED
from practicing in the U.S. District Court for the District of Hawaii pursuant to Local
Rule 83.4(b), effective on the date of this Order. The Court directs the clerk's office
to provide copies of this Order to the Clerk of the United States Supreme Court, the
Clerk of the United States Court of Appeals for the Ninth Circuit, and the Clerk of
the Hawaii Supreme Court. (eta) (Entered: 09/30/2021)

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74 Oct 1, 2021 Clerk's Office Transmittal Letter to the Clerk of the United States Supreme Court re 
ECF No. 73 ORDER OF DISBARMENT, dated October 1, 2021. (eta) (Entered:
10/01/2021)

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75 Oct 1, 2021 Clerk's Office Transmittal Letter to the Clerk of the Ninth Circuit Court of Appeals re 
ECF No. 73 ORDER OF DISBARMENT, dated October 1, 2021. (eta) (Entered:
10/01/2021)

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76 Oct 1, 2021 Clerk's Office Transmittal Letter to the Clerk of the Hawaii Supreme Court re ECF 
No. 73 ORDER OF DISBARMENT, dated October 1, 2021. (eta) (Entered:
10/01/2021)

Main Doc

Oct 1, 2021 COURT'S CERTIFICATE of Service - a copy of 73 ORDER OF DISBARMENT was 

served to Petitioner Gary Victor Dubin and his attorney, Keith M. Kiuchi
electronically to the email addresses listed on the Notice of Electronic Filing (NEF)
on September 30, 2021. Certified copies of the Order of Disbarment shall be served
by First Class Mail to the Clerk of the United States Supreme Court, the Clerk of the
Ninth Circuit Court of Appeals and the Clerk of the Hawaii Supreme Court on
October 1, 2021. (eta)

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