ORDER (1) GRANTING DEFENDANT FEDERAL HOUSING FINANCE AGENCY'S MOTION TO DISMISS AMENDED COMPLAINT, AND (2) GRANTING IN PART AND DENYING IN PART REMAINING DEFENDANTS' MOTION TO DISMISS AMENDED COMPLAINT DERRICK K. WATSON, District Judge. INTRODUCTION Before the Court are the following motions: (1) Defendant Federal Housing Finance Agency's ("FHFA") Motion to Dismiss the Amended Complaint, filed on May 31, 2013 ("FHFA Motion"); and (2) Defendants Federal National Mortgage Association ("...
ORDER (A) GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT STRIKING THE AFFIRMATIVE DEFENSES OF (1) LEARNED INTERMEDIARY DOCTRINE; AND (2) THE SOPHISTICATED USER DEFENSE, DOC. NO. 670; AND (B) DENYING DEFENDANT AURORA PUMP COMPANY'S MOTION FOR SUMMARY JUDGMENT RE: SOPHISTICATED PURCHASER DOCTRINE, DOC. NO. 680 J. MICHAEL SEABRIGHT, District Judge. I. INTRODUCTION On June 1, 2012, Plaintiffs Robert and Joyce Cabasug ("Plaintiffs") filed this action...
ORDER GRANTING IN PART DEFENDANTS' MOTION TO DISMISS OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT J. MICHAEL SEABRIGHT, District Judge. I. INTRODUCTION Plaintiff Chen-Li Sung, M.D. ("Plaintiff" or "Sung"), an active duty officer and doctor in the United States Army, was terminated from the Tripler Army Medical Center ("TAMC") general surgery residency training program on February 9, 2011. Plaintiff filed a previous suit, Sung v. Gallagher, Civ. No. 11-00103 JMS-KSC (D. Haw. filed Feb....
ORDER DENYING PLAINTIFF'S MOTION FOR RECONSIDERATION OF THE ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS, OR IN THE ALTERNATIVE, MOTION FOR SUMMARY JUDGMENT, DATED NOVEMBER 13, 2013 ALAN C. KAY, Senior District Judge. BACKGROUND This case arises from Plaintiff Ofer Ahuvia's ("Plaintiff" or "Ahuvia") termination of employment from Defendant Wyndham Vacation Resorts, Inc. ("Defendant" or "Wyndham"). On November 13, 2013, this Court issued an...
ORDER ADDRESSING VARIOUS MOTIONS FOR SUMMARY JUDGMENT RAISING ISSUES OF CAUSATION AND THE DUTY TO WARN (DOC. NOS. 674, 676, 678, 683, AND 690) J. MICHAEL SEABRIGHT, District Judge. I. INTRODUCTION On June 1, 2012, Plaintiffs Robert and Joyce Cabasug ("Plaintiffs") filed this action asserting claims for negligence, strict liability, breach of warranty, loss of consortium, and punitive damages based on a failure to warn theory against twenty-five Defendants that manufactured, sold and/or...
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT FOR PAYMENT OF MAINTENANCE AND CURE ALAN C. KAY, Senior District Judge. For the following reasons, the Court GRANTS IN PART AND DENIES IN PART Plaintiff Chad Barry Barnes's Motion for Summary Judgment for Payment of Maintenance and Cure. The Court GRANTS the motion as to Barnes's entitlement to maintenance and cure, DENIES WITHOUT PREJUDICE the motion as to the amount of such payments, and DENIES WITHOUT...
ORDER GRANTING DEFENDANTS' AMENDED MOTION TO DISMISS ALAN C. KAY, Senior District Judge. For the following reasons, the Court hereby DISMISSES Plaintiffs' Second Amended Complaint in its entirety with partial leave to amend, as set out in detail below. PROCEDURAL BACKGROUND Plaintiffs Joe Dettling and Robert Cabos filed their original complaint in this action on June 14, 2011. (Doc. No. 1.) On August 9, 2012, they filed the First Amended Complaint, naming as defendants the United...
ORDER (1) DENYING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT; (2) DENYING PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION; AND (3) GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT J. MICHAEL SEABRIGHT, District Judge. I. INTRODUCTION The court upholds Hawaii's open primary election against this facial constitutional challenge. The Democratic Party of Hawaii ("DPH") challenges the constitutionality of Hawaii's open primary election, contending that article II, 4, of the Hawaii...
ORDER DENYING DEFENDANT'S RENEWED MOTION TO EXCLUDE EXPERT TESTIMONY CONCERNING THE IDENTIFICATION OF BIOLOGICAL MATERIAL [DNA AND SEROLOGY], AND REQUEST FOR DISCOVERY, DOC. NO. 2043, ON REMAINING ISSUE J. MICHAEL SEABRIGHT, District Judge. I. INTRODUCTION Defendant Naeem Williams ("Defendant") is accused of, among other things, unlawfully killing five-year-old Talia Williams ("Talia") in violation of 18 U.S.C. 2, 7(3), and 1111(a) & (b). At the upcoming trial, the government plans...
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS, OR, IN THE ALTERNATIVE, SUMMARY JUDGMENT (ECF NO. 93) ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT (ECF NO. 87) SUSAN OKI MOLLWAY, Chief Judge. I. INTRODUCTION. In this employment discrimination case, Plaintiff John Parris sues Defendant Wyndham Vacation Resorts, Inc., 1 alleging that he has been demoted and...
ORDER GRANTING DEFENDANT FOODLAND SUPER MARKET, LIMITED dba SACK N' SAVE FOODS' MOTION FOR SUMMARY JUDGMENT (ECF No. 25) HELEN GILLMOR, District Judge. Plaintiff Liza A. Jackson, an African-American woman, claims her employer, Defendant Foodland Super Market, dba Sack N' Save Foods, discriminated against her on the basis of race. Plaintiff seeks relief under Hawaii state laws prohibiting race-based discrimination by employers. Plaintiff also asserts various other claims, including hostile...
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS LESLIE E. KOBAYASHI, District Judge. On August 5, 2013, Defendants Joshua L. Gottlieb, Jonathan Dubowsky, Donald Borneman, Charles Hall, Scott Harris, the Value Exchange Advisors, also known as/doing business as TVXA ("TVXA"), and GEMCo-Pacific Energy LLC, also known as GPE ("GPE," all collectively "Defendants") filed their Motion for Judgment on the Pleadings ("Motion"). [Dkt. no. 19.] Pro se...
ORDER DENYING DEFENDANT BANK OF NEW YORK MELLON'S MOTION FOR SUMMARY JUDGMENT J. MICHAEL SEABRIGHT, District Judge. I. INTRODUCTION This action is again before the court after two prior dispositive Orders. Defendant Bank of New York Mellon ("Defendant" or "BONYM") moves for summary judgment on Plaintiffs Edward and Saranne Abubo's (the "Abubos" or "Plaintiffs") only remaining Count — a claim for damages under 15 U.S.C. 1640(a) for BONYM's alleged failure to honor Plaintiffs' notice...
ORDER GRANTING STATE DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' FIRST AMENDED CIVIL RIGHTS COMPLAINT WITH JURY DEMAND FILED JUNE 12, 2013 AND GRANTING DEFENDANT ROBERT KORBEL DAVIS JR.'S MOTION TO DISMISS PLAINTIFFS' FIRST AMENDED CIVIL RIGHTS COMPLAINT WITH JURY DEMAND FILED JUNE 12, 2013 LESLIE E. KOBAYASHI, District Judge. Before the Court are: Defendants the State of Hawai'i ("the State"), Department of Hawaiian Home Lands ("DHHL"), and Neil Abercrombie's (collectively, "the State...
ORDER (1) GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND (2) DENYING PLAINTIFF'S MOTION FOR PERMANENT INJUNCTION ALAN C. KAY, Senior District Judge. On September 28, 2011, Plaintiff Kirk C. Fisher ("Plaintiff") filed his Complaint against Defendants Louis Kealoha, Paul Putzulu, the City and County of Honolulu ("City"), the Honolulu Police Department ("HPD"), and Doe Defendants 1-50. Plaintiff asserted two claims against Defendants for alleged violations of...
ORDER (1) DENYING PETITIONER/COUNTER-DEFENDANT'S MOTION FOR SUMMARY JUDGMENT TO VACATE THE ARBITRATION AWARD AND (2) GRANTING RESPONDENT/COUNTERCLAIMANT'S COUNTER-MOTION FOR SUMMARY JUDGMENT TO CONFIRM THE ARBITRATION AWARD ALAN C. KAY, Sr., District Judge. PROCEDURAL BACKGROUND On December 31, 2012, Petitioner International Longshore and Warehouse Union, Local 142 ("Petitioner," "ILWU," or "Union") filed a Petition to Vacate Arbitration Award ("Petition") that had been issued in favor of...
ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT DERRICH K. WATSON, District Judge. INTRODUCTION Before the Court is Plaintiff The Bank of New York Mellon's ("Plaintiff" or "BONY") Motion for Summary Judgment, filed May 16, 2013 ("Motion"). Defendants Steven J. Sakala, Teresa Ann Collins ("T. Collins"), Mary Janet Collins ("M. Collins"), Dana Maria Mitchell, and Douglas B. Hackett, as Trustee of the Honaunau School Road Trust, did not file an opposition to the Motion. Pursuant to...
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS KEALA RODENHURST JAMES AND LEE MILLER'S MOTION TO DISMISS SUSAN OKI MOLLWAY, Chief District Judge. Currently before the court is Defendant Keala Rodenhurst James and Lee Miller's motion to dismiss Plaintiff Property Rights Law Group's Complaint ("Motion"). The court grants the Motion with respect to the breach of contract claim and part of the statutory trade secrets claim. In all other respects, the Motion is denied. I. BACKGROUND....
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS COMPLAINT FILED ON APRIL 4, 2013 LESLIE E. KOBAYASHI, District Judge. On May 31, 2013, Defendant U.S. Bank National Association as Trustee under Pooling and Servicing Agreement Dated as of December 1, 2006 MASTR Asset Backed Securities Trust 2006-HE5 Mortgage Pass-through Certificates Series 2006-HE5 ("Defendant" or "U.S. Bank"), filed its Motion to Dismiss Complaint Filed on April 4, 2013 ("Motion"). [Dkt. no. 9.]...
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT; ORDER DENYING AS MOOT 1) DEFENDANT'S SUPPLEMENTAL MOTION FOR SUMMARY JUDGMENT ON THE DOCTRINE OF RES IPSA LOQUITUR AND ANY SIMILAR THEORIES AND 2) PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT RE: CIRCUMSTANTIAL EVIDENCE UNDER STRICT PRODUCTS LIABILITY ("QUASI"-RES IPSA ) KEVIN S.C. CHANG, United States Magistrate Judge. Before the Court are 1) Defendant Skretting Canada Inc. aka Skretting North America's ("...
