FINDINGS AND RECOMMENDATION TO GRANT IN PART AND DENY IN PART PLAINTIFF LESLIE AND MEI LI LEFF'S MOTION FOR DEFAULT JUDGMENT AGAINST DEFENDANT BERTOZZI FELICE DI GIOVANNI ROVAI & C. SRL 1 RICHARD L. PUGLISI , Magistrate Judge . Before the Court is Plaintiff Leslie and Mei Li Leff's Motion for Default Judgment Against Defendant Bertozzi Felice di Giovanni Rovai & C. srl, filed on October 29, 2015 ("Motion"). ECF No. 22. Plaintiffs mailed a copy of the Motion to Defendant's place of...
FINDINGS AND RECOMMENDATION TO GRANT THIRD-PARTY DEFENDANT STUART SOUZA'S AND DEFENDANTS AND THIRD-PARTY PLAINTIFFS FRANK E. RITCHEY AND NORA JOAN RITCHEY, TRUSTEES OF THE RITCHEY FAMILY COMMUNITY PROPERTY TRUST'S JOINT PETITION FOR A DETERMINATION PURSUANT TO HAW. REV. STAT. 663-15.5 THAT SETTLEMENT IS IN GOOD FAITH (FILED NOVEMBER 6, 2015) KEVIN S.C. CHANG , Magistrate Judge . Third-Party Defendant STUART SOUZA and Defendants and Third-Party Plaintiffs FRANK E. RITCHEY and NORA JOAN...
FINDINGS AND RECOMMENDATION TO GRANT PLAINTIFF'S MOTION TO REMAND ACTION REMOVED FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT, STATE OF HAWAII KEVIN S.C. CHANG , Magistrate Judge . Before the Court is Plaintiff Pioneer Asset Investment Limited's ("Plaintiff") Motion to Remand Action Removed From the Circuit Court of the Third Circuit, State of Hawaii ("Motion"), filed October 21, 2015. Defendant Arlie & Company ("Arlie") filed an Opposition on November 20, 2015. On November 25, 2015,...
ORDER: (1) DENYING PLAINTIFF'S MOTION TO REMAND; AND (2) GRANTING THE MOTION TO DISMISS AND/OR FOR PARTIAL SUMMARY JUDGMENT FILED BY DEFENDANTS DEPARTMENT OF THE CORPORATION COUNSEL, DEPARTMENT OF PUBLIC WORKS, DEPARTMENT OF PLANNING, AND DEPARTMENT OF FINANCE LESLIE E. KOBAYASHI , District Judge . On September 18, 2015, Plaintiff Christopher Salem ("Plaintiff") filed a Complaint in Circuit Court of the Second Circuit, State of Hawai`i. [Dkt. no. 1, Exh. A — Part 1.] On September 28, 2015,...
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT Leslie E. Kobayashi , United States District Judge . On August 7, 2015, Defendant Rachel Wong, DrPH, in her official capacity as the Director of the Hawai'i Department of Human Services ("DHS" and "Defendant"), 1 filed her Motion for Summary Judgment ("Defendant's Motion"), 2 and Plaintiffs Raynette Ah Chong ("Ah Chong"),...
ORDER DENYING AS MOOT PLAINTIFF'S MOTION FOR LEAVE TO FILE INTERLOCUTORY APPEAL ALAN C. KAY , Senior District Judge . This matter arises under admiralty law. The Court and the parties are familiar with the extensive factual and procedural history of this case, and the Court will not repeat it here except as necessary to dispose of the instant Motion. On December 22, 2015, this Court issued its Order Granting in Part and Denying in Part Plaintiff's Motion for Summary Judgment as to...
ORDER DETERMINING THAT PETITION TO VACATE, SET ASIDE, OR CORRECT SENTENCE UNDER 28 U.S.C. 2255 IS UNTIMELY AND DISMISSING PETITION; ORDER DENYING MOTION SEEKING EQUITABLE TOLLING; ORDER DECLINING TO ISSUE A CERTIFICATE OF APPEALABILITY SUSAN OKI MOLLWAY , District Judge . I. INTRODUCTION. Defendant Aman Berhane filed a motion under 28 U.S.C. 2255. Because that motion is untimely, and because the court denies Berhane's motion seeking equitable tolling of the limitation period, the...
ORDER DISMISSING APPEAL SUSAN OKI MOLLWAY , District Judge . On November 10, 2015, Debtor/Appellant Adam Lee filed the present appeal from a Bankruptcy Court order approving the sale of real property. This court is now presented with an unusual motion claiming that the appeal is moot before Lee has even framed the issues in an opening brief. But because the only issue Lee identifies as not being moot is something at issue in an appeal already before the Ninth Circuit Court of Appeals, and...
ORDER (1) DENYING PLAINTIFFS' MOTION TO CONDITIONALLY CERTIFY A COLLECTIVE AND FOR AN ORDER OF NOTICE TO THE CLASS; AND (2) GRANTING DEFENDANTS' MOTION TO COMPEL ARBITRATION DERRICK K. WATSON , District Judge . INTRODUCTION Plaintiffs, former employees of Defendant Platinum Limousine Services, allege that Platinum failed to pay wages and expenses required by federal and state law. They move under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. 216(b), and Section 388-11(a) of the...
FINDINGS AND RECOMMENDATION TO GRANT DEFENDANT BILL BYNAROWICZ'S PETITION FOR DETERMINATION OF GOOD FAITH SETTLEMENT 1 RICHARD L. PUGLISI , Magistrate Judge . Before the Court is Defendant Bill Bynarowicz's Petition for Determination of Good Faith Settlement, filed on November 13, 2015 ("Petition"). ECF No. 61. The Petition seeks approval of the settlement between Plaintiffs and Defendant Bill Bynarowicz pursuant to Hawaii Revised Statutes Section 663-15.5. Defendants Marriott Resort...
ORDER DENYING MOTION FOR SUMMARY JUDGMENT Susan Oki Mollway , United States District Judge . I. INTRODUCTION. Before the court is Defendant Dow Agrosciences LLC's Motion for Summary Judgment against Plaintiffs. Plaintiff Nena Ansagay brought a suit individually; on behalf of the estate of her deceased husband, Benjamin O.K. Ansagay; and on behalf of their minor child, in connection with the death of Benjamin Ansagay, which Nena Ansagay attributes to his contact with Dursban TC, a...
ORDER ADOPTING PLAINTIFFS' [SIC] REVISED FINDINGS AND CONCLUSIONS REGARDING OUTSTANDING COSTS AND EXPENSES, AND DISMISSING AS MOOT PLAINTIFFS' ADMINISTRATIVE APPEAL ALAN C. KAY , District Judge . The instant order ADOPTS Magistrate Judge Chang's December 8, 2015 findings and recommendations in this case, entitled Plaintiffs' [Sic] Revised Findings and Conclusions Regarding Outstanding Costs and Expenses ("F&R"), ECF No. 52, and DISMISSES this action with prejudice as moot. The parties...
PLAINTIFFS' REVISED FINDINGS AND CONCLUSIONS REGARDING OUTSTANDING COSTS AND EXPENSES KEVIN S.C. CHANG , Magistrate Judge . On February 27, 2014, an Administrative Hearings Officer determined that Defendant Department of Education DENIED Derek H. a free appropriate public education, as required by the Individuals with Disabilities Act, 20 U.S.C. 1400, et seq. The Hearings Officer issued a Decision that denied Plaintiffs "any relief for any denials of FAPE established in this case,"...
ORDER DISMISSING AS UNTIMELY PETITION TO VACATE, SET ASIDE, OR CORRECT SENTENCE UNDER 28 U.S.C. 2255; ORDER DENYING MOTION SEEKING EQUITABLE TOLLING; ORDER DECLINING TO ISSUE A CERTIFICATE OF APPEALABILITY SUSAN OKI MOLLWAY , Chief District Judge . A federal prisoner may move to vacate, set aside, or correct his or her sentence if it "was imposed in violation of the Constitution or laws of the United States, . . . the court was without jurisdiction to impose such sentence, or . . . the...
ORDER DENYING MOTION FOR RECONSIDERATION; ORDER CONTINUING TO DECLINE TO ISSUE A CERTIFICATE OF APPEALABILITY SUSAN OKI MOLLWAY , Chief District Judge . I. INTRODUCTION. Proceeding pro se, Defendant Noshir S. Gowadia seeks reconsideration of an order of October 5, 2015, denying his Motion to Vacate, Set Aside, or Correct a Sentence by a Person in Federal Custody under 28 U.S.C. 2255. The court denies the reconsideration motion without a hearing pursuant to Local Rule 7.2(d). II....
ORDER DENYING MOTION TO REOPEN HABEAS CORPUS PROCEEDINGS PURSUANT TO RULE 60 DAVID ALAN EZRA , Senior District Judge . Before the Court is Petitioner's Motion to Reopen Habeas Corpus Proceedings Pursuant to FRCP 60(b)/Independent Action Due to Newly Discovered Evidence of Fraud on the Court. (Dkt. # 267.) The Court held an evidentiary hearing on this motion on July 14, 2014, and March 16 and 17, 2015. (Dkts. ## 345, 376, 377.) A final hearing on the motion was held on December 1, 2015. (...
ORDER GRANTING, IN PART, AND DENYING, IN PART, DEFENDANT DTG OPERATIONS, INC.'S MOTION FOR SUMMARY JUDGMENT (ECF No. 69) HELEN GILLMOR , District Judge . Plaintiff John Goodman filed a complaint alleging claims of racial discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964, disability discrimination in violation of the Americans With Disabilities Act of 1990, a violation of the Family Medical Leave Act, and a violation of the Hawaii State Whistleblower's...
ORDER GRANTING DEFENDANTS' MOTION FOR PARTIAL DISMISSAL OF PLAINTIFF'S AMENDED COMPLAINT DERRICK K. WATSON , District Judge . Plaintiff Richard DiCrescenzo is a disabled and elderly Hawai02bbi resident who requires skilled nursing and personal assistant services. The gravamen of DiCrescenzo's Amended Complaint is that Defendants UnitedHealth Group, Incorporated, UnitedHealthcare, Inc., and UnitedHealthcare Insurance Company (collectively, "Defendants" or "UHC") have failed to consistently...
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AND FOR VACATUR Leslie E. Kobayashi , United States District Judge . Before the Court is Plaintiffs Conservation Council for Hawaii, Center for Biological Diversity, and Turtle Island Restoration Network's (collectively "Plaintiffs") Motion for Summary Judgment and for Vacatur ("Motion"), filed on July 20, 2015. [Dkt. no. 47.] On August 20, 2015, Intervenor-Defendant Hawaii Longline Association ("HLA")...
ORDER GRANTING DEFENDANTS ABSO AND STERLINGBACKCHECK'S MOTION TO DISMISS THE FIRST AMENDED COMPLAINT FILED JULY 21, 2015 (ECF No. 99) WITH LEAVE TO AMEND and GRANTING, IN PART, AND DENYING, IN PART, CROSS-DEFENDANTS ABSO AND STERLINGBACKCHECK'S MOTION TO DISMISS TOTAL STORAGE SOLUTIONS' CROSSCLAIMS FILED ON AUGUST 7, 2015 (ECF No. 100) WITH LEAVE TO AMEND and DENYING CROSS-DEFENDANTS ABSO AND STERLINGBACKCHECK'S MOTION TO DISMISS TNT SELF STORAGE MANAGEMENT, INC.'S CROSSCLAIMS FILED ON...
