ORDER GRANTING IN PART THE GOVERNMENT'S MOTION FOR SUMMARY JUDGMENT LESLIE E. KOBAYASHI, District Judge. Before the Court is Plaintiff the United States of America's ("the Government") Motion for Summary Judgment ("Motion"), filed on September 18, 2014. [Dkt. no. 25.] Pro se Defendant James A. Ericson ("Ericson") filed his memorandum in opposition on October 27, 2014. [Dkt. no. 38.] The Court finds this matter suitable for disposition without a hearing pursuant to Rule LR7.2(d) of the Local...
ORDER DENYING DEFENDANT WILLIAM SHINYAMA'S AND DEFENDANT JAMES MOSER'S MOTIONS FOR RECONSIDERATION LESLIE E. KOBAYASHI, District Judge. Before the Court are: Defendant William Shinyama's ("Shinyama") Motion for Reconsideration of the Order Granting Government's Motion to Detain Defendant Without Bail ("Shinyama's Motion"); and Defendant James Moser's ("Moser") Motion for Reconsideration of Detention ("Moser's Motion", collectively "the Motions"), 1 both filed on April 21, 2014. [Dkt. nos....
ORDER GRANTING DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S THIRD AMENDED COMPLAINT LESLIE E. KOBAYASHI, District Judge. On July 15, 2014, Defendants Joshua L. Gottlieb, Jonathan Dubowsky, Donald Borneman, Charles Hall, Scott Harris, the Value Exchange Advisors ("TVXA"), and GEMCo-Pacific Energy LLC (collectively "Defendants") filed their Motion to Dismiss Plaintiff's Third Amended Complaint ("Motion"). [Dkt. no. 94.] Pro se Plaintiff Charles Barker III ("Plaintiff") filed his memorandum in...
ORDER DENYING PLAINTIFF'S MOTION FOR RECONSIDERATION OF ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT SOCIETY OF ACCREDITED MARINE SURVEYORS, INC.'S MOTION TO DISMISS COMPLAINT FILED MARCH 17, 2014; AND TRANSFERRING THE CASE TO THE MIDDLE DISTRICT OF FLORIDA LESLIE E. KOBAYASHI, District Judge. On July 21, 2014, this Court issued its Order Granting in Part and Denying in Part Defendant Society of Accredited Marine Surveyors, Inc.'s Motion to Dismiss Complaint Filed March 17, 2014;...
ORDER GRANTING THE GOVERNMENT'S MOTION FOR SUMMARY JUDGMENT ON COUNTS ONE AND TWO IN THE COMPLAINT LESLIE E. KOBAYASHI, District Judge. Before the Court is Plaintiff the United States of America's ("the Government") Motion for Summary Judgment on Counts One and Two in the Complaint ("Motion"), filed on June 9, 2014. [Dkt. no. 44.] Pro se Defendant Abraham Nguyen Martin ("Abraham Martin") filed his memorandum in opposition on August 11, 2014, and the Government filed its reply on August 18,...
ORDER ADOPTING IN PART AND MODIFYING IN PART FINDINGS AND RECOMMENDATION THAT HAWAII PACIFIC FINANCE, LTD.'S PETITION TO QUASH IRS SUMMONSES BE DENIED AND THAT THE UNITED STATES' PETITION TO ENFORCE IRS SUMMONSES BE GRANTED DERRICK K. WATSON, District Judge. INTRODUCTION Hawaii Pacific Finance ("HPF") objects to the Magistrate Judge's June 26, 2014 Findings and Recommendation ("F&R") denying its Petition to Quash IRS Summonses and granting the United States' Petition to Enforce IRS...
ORDER (1) GRANTING DEFENDANT'S MOTION FOR DISMISSAL OR TRANSFER, DOC. NO. 5; AND (2) TRANSFERRING ACTION TO THE EASTERN DISTRICT OF VIRGINIA MICHAEL SEABRIGHT, District Judge. I. INTRODUCTION On November 15, 2013, Plaintiff Grace Y. Kim ("Plaintiff"), who is employed at the Yongsan Garrison, Seoul, Korea, filed this action against John McHugh, in his capacity as the Secretary of the Army ("Defendant"), alleging claims for workplace discrimination on the basis of race, national origin,...
ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT DERRICK K. WATSON, Judge. ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT INTRODUCTION On July 18, 2010, at approximately 4:13 a.m., Maui Police Department ("MPD") Officers Eric Losvar, Russell Kapahulehua, Jun Hattori, and Harry Matsuura, Jr., investigating reports of gunshots fired at a local beach north of Lahaina, encountered two vehicles approaching from the opposite direction on a dark, secluded road. Despite instructions...
ORDER GRANTING PLAINTIFF'S: MOTION FOR PARTIAL SUMMARY JUDGMENT ON THE EEOC'S PATTERN OR PRACTICE CLAIM OF HOSTILE WORK ENVIRONMENT AGAINST DEFENDANT GLOBAL HORIZONS, INC.; MOTION FOR PARTIAL SUMMARY JUDGMENT ON THE EEOC'S PATTERN OR PRACTICE CLAIM OF DISPARATE TREATMENT AGAINST GLOBAL HORIZONS, INC.; AND MOTION FOR PARTIAL SUMMARY JUDGMENT ON THE EEOC'S PATTERN OR PRACTICE CLAIM OF RETALIATION AGAINST GLOBAL HORIZONS, INC. LESLIE E. KOBAYASHI, District Judge. Before the Court are Plaintiff...
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTIONS FOR PARTIAL DISMISSAL, AND FOR SUMMARY JUDGMENT, DOC. NOS. 5 & 13 J. MICHAEL SEABRIGHT, District Judge. I. INTRODUCTION In this sexual harassment and employment discrimination action, Plaintiff Shannon Patrick ("Plaintiff" or "Patrick") alleges that she was sexually assaulted and harassed by a co-worker while both were working at Kauai Athletic Club ("KAC"), a fitness center located on Kauai. See Doc. No. 1, Compl. 13....
ORDER DENYING DEFENDANTS' MOTION TO DISMISS PURSUANT TO FED. R. CIV. P. 12(b)(2) OR, IN THE ALTERNATIVE, TO TRANSFER PURSUANT TO 28 U.S.C. 1404 LESLIE E. KOBAYASHI, District Judge. On October 21, 2013, Defendants 3D Systems Corporation ("3D Corp."), 3D Systems, Inc. ("3D Inc.," collectively, "3D Systems"), Abraham Reichental ("Reichental"), and Damon Gregoire ("Gregoire," collectively "Defendants") filed their Motion to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(2) or, in the Alternative, to...
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' JOINT MOTION FOR DISMISSAL WITH PREJUDICE DUE TO THE GOVERNMENT'S REPEATED AND CONTINUING DISCOVERY ABUSES AND VIOLATIONS, FILED DECEMBER 20, 2013 LESLIE E. KOBAYASHI, District Judge. On December 20, 2013, Defendants Fouina C. Toilolo ("Toilolo"), Aloalii Tootoo ("Tootoo"), Kaisa Tai ("Tai"), Harry Akana ("Akana"), Daniel Fola ("Fola"), and Walter Dominguez ("Dominguez") (collectively "Defendants") filed their Joint Motion for Dismissal...
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT DERRICK K. WATSON, District Judge. On March 27, 2012, Kuhio Motors fired four-year parts department manager, David Onodera, less than a month after he complained of being harassed and discriminated against by Kuhio's human resources manager, Liane Rivera. In February 2012, Rivera had entered the men's restroom to berate Onodera while he urinated with genitals exposed. Because Onodera...
ORDER GRANTING THE MOTIONS TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION FILED BY DEFENDANTS: (1) STATE OF HAWAII (ECF No. 4); (2) COUNTY OF HAWAII AND LINCOLN S.T. ASHIDA (ECF No. 11); and, (3) PAUL J. SULLA, JR. (ECF No. 15), JOINED BY PHILLIP CAREY (ECF No. 16), JASON HESTER AND JASON HESTER AS OVERSEER FOR REVITALIZE, A GOSPEL OF BELIEVERS (ECF No. 17); and DISMISSING AS MOOT THE FOLLOWING MOTIONS: (1) THE MOTIONS TO DISMISS FILED BY DEFENDANTS RONN RITKE (ECF Nos. 10, 36, 37)...
ORDER (1) GRANTING PLAINTIFF STATE FARM AND CASUALTY COMPANY'S MOTION FOR SUMMARY JUDGMENT, DOC. NO. 24; AND (2) DENYING DEFENDANTS/COUNTER-CLAIMANTS' COUNTER-MOTION FOR SUMMARY JUDGMENT, DOC. NO. 27 J. MICHAEL SEABRIGHT, District Judge. I. INTRODUCTION In this action, Plaintiff State Farm Fire and Casualty Company ("State Farm") seeks a declaration under 28 U.S.C. 2201 that it owes no duty to defend or indemnify Hawaii Hope Mission Baptist Church (the "Church"), Chang Kyoo Park, Hyon...
FINDINGS AND RECOMMENDATION TO GRANT PLAINTIFF'S MOTION FOR REMAND 1 RICHARD L. PUGLISI, Magistrate Judge. Before the Court is Plaintiff Ernest G. Pasion's ("Plaintiff"), Motion for Remand, filed on January 2, 2014 ("Motion"). See ECF No. 10. Plaintiff seeks an order remanding this case to the Circuit Court of the Fifth Circuit, State of Hawaii ("State Court") and awarding attorneys' fees and costs. On January 7, 2014, the Court found this matter suitable for disposition without a hearing...
ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS OR FOR SUMMARY JUDGMENT OF DEFENDANT ERIC K. SHINSEKI, DOC. NO. 50 J. MICHAEL SEABRIGHT, District Judge. I. INTRODUCTION In this workplace discrimination action against Defendant Eric K. Shinseki, Secretary, United States Department of Veterans Affairs ("Defendant"), Plaintiff Ronald M. Yonemoto ("Plaintiff") asserts that he was discriminated against on the basis of race, national origin, and disability, and retaliated against...
ORDER REGARDING "MALICE AFORETHOUGHT" IN COUNTS ONE AND TWO OF THE SECOND SUPERCEDING INDICTMENT J. MICHAEL SEABRIGHT, District Judge. I. INTRODUCTION In this capital felony-murder case, Defendant Naeem J. Williams ("Defendant") seeks a ruling prior to opening statements that "malice aforethought" is a necessary element of the felony murder Counts (Counts One and Two) of the Second Superseding Indictment ("Indictment"). The court disagrees based on Ninth Circuit precedent directly on...
ORDER DENYING DEFENDANT NAEEM WILLIAMS' MOTION FOR PRETRIAL DETERMINATION THAT THE DEATH PENALTY CANNOT BE CARRIED OUT AGAINST NAEEM WILLIAMS BECAUSE OF A DISQUALIFYING MENTAL CAPACITY WITHIN THE MEANING OF 18 U.S.C. 3596(c) AND ATKINS v. VIRGINIA, 536 U.S. 304 (2002) J. MICHAEL SEABRIGHT, District Judge. I. INTRODUCTION The United States has charged Defendant Naeem Williams ("Defendant" or "Williams") with crimes that qualify him for possible imposition of the death penalty under...
ORDER GRANTING MOTION BY DEFENDANT DEUTSCHE BANK NATIONAL TRUST COMPANY TO DISMISS PLAINTIFFS' FIRST AMENDED COMPLAINT (ECF No. 62) WITH LEAVE TO AMEND HELEN GILLMOR, District Judge. Plaintiffs, individually and on behalf of all others similarly situated, brought suit against Defendant Deutsche Bank National Trust Company. Plaintiffs allege that Defendant engaged in improper and deceptive practices related to the non-judicial foreclosures of Plaintiffs' Properties. The case was filed as a...
