Expunged Records In Court

In the united states district court of the district of Hawaii

I did that already, the judge put himself back in my case

Could you help me draft that

Can you add statue, ruling, case law, local laws, etc

I had requested extension for more time to finish my summary judgment statement five days ago. The bias judge still didn't answer my motion .

Could you please help me draft that motion

What judge do I address to? The bias judge?

Can I address to theccheif jugde

Do any laws, statues, ruling case laws on taking responsibility for my children you was *-4 year old in the stroller while shooting and didn't realize the children grab some items without my knowledge but go charged for the fourth degreed theift. I was in probation and the charges was dismissed and expunnge in * when this happened

Because the untheial attorney is bring my past

And this is not o criminal complaint. I pro se plaintiff is suing becusee I subtainted injuries and this is a civil case law suit. Why is that attorney being but up

Could I also include in The motion ti stike the editing video on my shoplifihg case which was expunge

MEMORANDUM IN SUPPORT OF MOTION I. INTRODUCTION Defendant TARGET CORPORATION ("Target", by and through its attorneys, Yoshimoto Law Group, A Limited Liability Law Company, hereby files this Motion for Summary Judgment No. * Re: Plaintiff's Claims ("Motion"). A pre- filing conference under LR *.* is not required due to the inclusion of a pro se party in the current suit. As set forth below, all of Plaintiff MA ARLENE ORSINE BATO's ("Plaintiff") claims fail or are barred as a matter of law. On June *, *, at the Target store located at * Lawehana Street, Honolulu, Hawaii * ("Salt Lake Target"'), Plaintiff was stopped for shoplifting by Target Security ("Subject Incident?) Senatate and Concise Statement of Facts in Support of MSJ * ("Hacts") Plaintiff's claims for false imprisonment and unlawful arrest fail as a matter of law because Target was authorized to detain her under Hawaii Revised Statutes ("HRS") § *-* ("anyone in the act of committing a crime, may be arrested by any person present, without a warrant."). Plaintiff's claims for false imprisonment and unlawful arrest are further barred by probable cause and Shopkeeper's Privilege, HRS § *-*. Plaintiff's claims for Assault and Battery are similarly barred by the Shopkeeper's Privilege. Plaintiff's IIED claim fails as a matter of law as Target did not engage in any "outrageous" conduct. Plaintiff does not specifically allege negligence but mentions it in her Complaint. ECF * at *. As she does not allege any other conduct as negligent, any potential negligence claim relies entirely on the same facts as her false imprisonment claim, and thus fails as a matter of law. Doand Fatenaine for the reasons set fouh more fully below. all September *, *, Plaintiff was arrested at the Walmart located at * Kuala Street, Pearl City for shoplifting. Facts *. According to Honolulu Police Department Incident Report *-*, Plaintiff was observed by a Walmart Asset Protection Associate switching tags on slime toys and leaving without paying for an "Emoji light up headband". Exhibit "*" at *. Plaintiff was found guilty of theft in the Fourth Degree and the ICA affirmed the judgment on appeal. Exhibits "*" "*". Despite this, Plaintiff denied shoplifting at Macys and Walmart. She testified that at Macy's, "the kids was putting stuff in the bag" and "I took the responsibility because my kids was little". ECF * at *:*-*:*. However, according to the police report, Plaintiff herself was directly observed concealing the items in her stroller. Exhibit "*" at *-*. With respect to the theft at Walmart, Plaintiff testified Walmart amnlovee and few days later, on June *, *, Plaintiff stole a cop cam and two power banks from the Salt Lake Target, concealing the items in her personal bag and exiting the store without paying. Facts *. Prior to the Subject Incident, Kiptanui Jones ("Mr. Jones"), Protection/security specialist for the Salt Lake Target, reviewed the two internal Target reports detailing Plaintiff's shoplifting. Facts *. Thus, around noon on June *, *, when Mr. Jones observed Plaintiff entering the Salt Lake Target, he recognized her and knew that she had been reported on Target's internal system twice as a suspected shoplifter. Facts *. Mi: Jones immediately radioed his supervisor Ariana Gonsalves ("Ms. Gonsalves"). Id. Ms. Gonsalves commenced surveillance of Plaintiff and maintained constant surveillance of Plaintiff from *- mosced Plainti fftake clothing off the lack concealMs. Gonsalves radioed Mr. Jones to get into position to stop Plaintiff. Id. Ms. Gonsalves followed Plaintiff as she exited the store and Ms. Gonsalves and Mr. Jones stopped Plaintiff outside the store. Facts *. Ms. Gonsalves identified herself as Target Security, asking Plaintiff to walk back into the store to talk about the unpaid merchandise in her possession. Facts *. Plaintiff began to act hysterically, refused to return to the store, extricated herself from the motor scooter she was riding, and tried to run away. Facts *. Plaintiff's boyfriend, Brandon Akana arrived and told her she needed to cooperate. Gonsalves Dec. *. Plaintiff was escorted to the Security Office in Target. Facts *. While in the Security Office, Ms. Gonsalves calmly questioned Plaintiff. Id. Plaintiff continued to act hysterically as she was questioned. Id. Ms. Gonsalves Plaintiffmerhatim and asked her to sion if but PlaintiftPlaintiff to calm down and cooperate, eventually physically leading her back to the bench she was seated at. Facts *. Throughout the interaction Ms. Gonsalves and Mr. Jones followed Target protocol and training they received for detaining a shoplifter. Facts *. At no point did Ms. Gonsalves or Mr. Jones hit, punch, kick, or otherwise strike Plaintiff. Facts *. The items recovered by Target Security were photographed and include the Target bag, a grey bra, and three other articles of clothing. Exhibit "*" Plaintiff's actions from around *:* p.m. through *:* p.m. were recorded through Target Surveillance video. Exhibits "*"-"*". The surveillance videos are consistent with the declared statements of Ms. Gonsalves and Mr. Jones. In5. Plaintiff trying to flee the Security Office and being stopped. Exhibit "*", *:*:* - *:*:* Plaintiff's boyfriend Brandon Akana returning Plaintiff to her seat in the Security Office, Facts *. The police arriving. Facts *. In Plaintiff's April *, * Complaint, Plaintiff alleged unlawful arrest, false imprisonment, assault, battery, and intentional infliction of emotional distress. ECP * at *. Plaintiff also generally stated that she sustained injuries "as a direct and proximate result of the negligence of the defendants." Id. In her December *, * Answers to Interrogatories, Plaintiff responded that she had "Never" shoplifted and/or taken merchandise from a Target retail store marchandise Exhibit "*)" n * She claims she did not stealPlaintiff's deposition instead of accusing Ms. Gonsalves of punching her, she stated that Ms. Gonsalves "elbowed me accidentally." Exhibit "*" at *:*- *. She still insisted that she had brought the items with her into the store. Id. at *:*-*. Plaintiff also testified that Ms. Gonsalves removed her from the wheelchair cart, that she did not try to run away outside, and that she was repeatedly pushed against the wall. Id. at *:*-*, *:*-*, *:*-*. Even when Ms. Bato was confronted with the video of her stepping off the wheelchair cart on her own she continued to ignore the truth, stating "That didn't happen. That part didn't happen.", and insisting her arm was grabbed. Id. at *:*-*:*. The expert report of Target's Expert, Albert B. Denis, CPP, discusses premises security liability and the applicable standards of care for retail asset Accordine to Me Denis Plaintiff's barcClearly, Ms. Bato was stealing Target merchandise and was not falsely accused. During Plaintiff's deposition, Plaintiff was shown the video of Plaintiff initially being stopped by APS * & *, and how Ms. Bato actually stepped off of the scooter, not being aggressively grabbed or yanked off the scooter by the APSs. Despite the video evidence, Ms. Bato still contended she was pulled off the scooter. Exhibit "*" TARGET - *-* (citations omitted); Facts *. Based on Plaintiff's answers to interrogatories regarding the thefts at Walmart and Macy's, Mr. Denis opined that she was a habitual shoplifter, stating that: Plaintiff was a Repeat Offender Shoplifter, Having Been Convicted of Theft in the Fourth Degree from Macy's in *, from Walmart in *; and Arrested and Charged in * for the Instant Case Exhibit "*" at TARGET - *; Facts *. Mr Denis father anied: Matsoo & **. Target APS * and * Had Probable Cause to Arrest and Detain Plaintiff for Theft of Target Corporation Merchandise Target APS * and * had reasonable grounds and probable cause to arrest and detain Plaintiff immediately exterior of the Target Salt Lake store for the purposes of investigation and questioning of Plaintiff as to the ownership of Target's merchandise concealed by Plaintiff. APS * conducted continuous and unbroken surveillance of Plaintiff, observing Plaintiff to select and conceal items of Target Corporation merchandise. Plaintiff, before leaving the store, was observed to purchase a greeting card and clothing item but failed to present or purchase the other items Plaintiff had concealed. Additionally, Plaintiff had been identified by Target Asset Protection Specialists as being previously involved in two prior cases, the first an aborted shoplifting attempt of clothing items on May *, *; and the second on June *, *, wherein Plaintiff was observed to have stolen Target merchandise, a Cop Cam and two power banks. The two prior incidents were within days of the instant incident.Mr. Denis also found that Plaintiff caused or otherwise aggravated Plaintiffs pre-existing injuries due to Plaintiffs own conduct on June *, *, by twice physically struggling with Target APS * and APS * while attempting to flee the lawful custody of Target APS * and *". Exhibit "*" at TARGET - *. With respect to following Target Protocols he stated that: APS use of non-violent intervention (NVI) protocols on both occasions when Plaintiff attempted to flee is in keeping with industry standard custom and practice and well within the standard-of-care for such nonviolent reasonable use of force. APS preventative actions were within Target Corporation's asset protection policy procedures and prot

The unethical attorney and the bias judge is trying to dismiss my case. The attorney want a judge trail. Which I want a trail