Order | Filed: July 06, 2026
| Entered: July 06, 2026
Hughes, et al v. The United States of America
P.I.: Other | Hawaii
Order on Motion for Miscellaneous Relief
EO: The Court has carefully reviewed Civilian Plaintiffs' Partially Opposed Motion for a Limited Extension of Time to Comply with Paragraph 10 of the Stipulated Schedule and Fast Track Trial Process, as well as the United States' Opposition thereto. Feindt v. United States, ECF Nos. 817, 818; Hughes v. United States, ECF Nos. 399, 400.
To begin, the Court agrees with the Government that the current situation stems from Plaintiffs' own decision to file, and staff as counsel sees fit, such a large mass-joinder case against the Government. The Court reminds counsel that each attorney of record has an independent responsibility to diligently advance the case so as to meet the deadlines set by the Court or agreed to by the parties. See e.g., LR16.1.
The Court also questions whether, and to what degree, the current fee dispute among Plaintiffs' counsel, and possibly their litigation financer, is adversely impacting this group of attorneys' ability to meet their obligations to their clients and the court. Feindt, ECF No. 797; Hughes, ECF Nos. 379. To be sure, every minute Plaintiffs' counsel spend litigating with each other is a minute they are not meeting deadlines or otherwise advancing their clients' cases.
Nevertheless, in the grand scheme of this now nearly four-year-old litigation, where each side is posturing for what may be years of further litigation and trials, Plaintiffs' requested continuance is relatively slight. "The district court is given broad discretion in supervising the pretrial phase of litigation." Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 607 (9th Cir. 1992). This case has been actively litigated from its inception, and "[c]ases should be decided upon their merits whenever reasonably possible." Eitel v. McCool, 782 F.2d 1470, 1472 (9th Cir. 1986). Accordingly, the Court GRANTS Plaintiffs an extension of time to complete (1) the Plaintiff Fact Sheets for 250 Civilian Plaintiffs until August 6, 2026, and (2) additional Plaintiff Fact Sheets for 200 Civilian Plaintiffs until August 6, 2026.
IT IS SO ORDERED. Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 07/06/2026. (kjm3)
Associated Cases: 1:22-cv-00397-LEK-KJM, 1:24-cv-00059-LEK-KJM