(1) ORDER DENYING [204] MOTION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT; AND (2) FINDINGS AND RECOMMENDATION TO DENY [181] PLAINTIFF'S MOTION FOR LEAVE OF COURT TO FILE A THIRD AMENDED COMPLAINT AND REQUEST FOR JUDICIAL NOTICE OF THE COURT'S OWN RECORD KENNETH J. MANSFIELD , Magistrate Judge . On August 29, 2016, Plaintiff Janeece Fields ("Plaintiff") filed a Motion for Leave of Court to File a Third Amended Complaint and Request for Judicial Notice of the Court's Own Record ("First...
ORDER: (1) DENYING PLAINTIFF'S APPEAL OF THE ORDER DENYING PLAINTIFF'S REQUESTS FOR ENTRY OF DEFAULT; AND (2) ADOPTING THE FINDINGS AND RECOMMENDATION TO DENY PLAINTIFF'S MOTIONS FOR DEFAULT JUDGMENT J. MICHAEL SEABRIGHT , District Judge . On November 22, 2016, Magistrate Judge Kenneth J. Mansfield issued an Order denying Plaintiff Willis C. McAllister's ("Plaintiff") requests to enter default against Defendants Adecco Group N.A., Trane Supply Co., Curtis L. Brunk, and Garrett Mock 1 (...
ORDER: (1) GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR FRCP 12(b)(1) DISMISSAL AND FOR JUDGMENT ON THE PLEADINGS; AND (2) DENYING PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT DERRICK K. WATSON , District Judge . ORDER: (1) GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR FRCP 12(b)(1) DISMISSAL AND FOR JUDGMENT ON THE PLEADINGS; AND (2) DENYING PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT This case arises out of a dispute between Plaintiffs William and...
ORDER GRANTING DEFENDANT'S MOTION TO DISMISS (ECF NO. 7) WITH PREJUDICE HELEN GILLMOR , District Judge . Plaintiffs Rogelio P. Magbual and Zenaida D. Magbual filed a Complaint asserting that the Defendant Federal National Mortgage Association ("Fannie Mae") wrongfully foreclosed upon their home. Defendant Fannie Mae has filed a Motion to Dismiss. Fannie Mae argues that Plaintiffs' Complaint is barred from being litigated in federal court, as Plaintiffs already litigated the issues relating...
ORDER VACATING IN PART, REVERSING IN PART, AND AFFIRMING IN PART THE HEARINGS OFFICER'S FEBRUARY 10, 2016 FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION Leslie E. Kobayashi , United States District Judge . On March 9, 2016, Plaintiff Department of Education, State of Hawai'i ("Plaintiff," "the DOE" or "Respondent"), filed an appeal of the Administrative Hearings Officer's ("Hearings Officer") February 10, 2016 Findings of Fact, Conclusions of Law and Decision ("Decision"). 1 [...
ORDER OVERRULING OBJECTIONS IN PART AND ADOPTING AS MODIFIED FINDINGS AND RECOMMENDATION TO GRANT IN PART AND DENY IN PART DEFENDANT MATSON TERMINALS, INC.'S MOTION FOR APPROVAL OF FLSA SETTLEMENT AND DISMISSAL OF CLAIMS WITH PREJUDICE, ECF NO. 90 J. MICHAEL SEABRIGHT , Chief District Judge . I. INTRODUCTION Before the court are Plaintiff Alden Kaiaokamalie's ("Kaiaokamalie") Objections, filed pursuant to 28 U.S.C. 636(b)(1) and Local Rule 72.4, to a June 20, 2016 Findings and...
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT ARAKAWA'S MOTION FOR PARTIAL DISMISSAL OF FIRST AMENDED COMPLAINT DERRICK K. WATSON , District Judge . ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT ARAKAWA'S MOTION FOR PARTIAL DISMISSAL OF FIRST AMENDED COMPLAINT Plaintiff Harry Donenfeld alleges that he was wrongfully terminated as Maui County Film Commissioner by the County of Maui and Mayor Alan Arakawa. Mayor Arakawa, in his personal capacity, moves to dismiss seven of...
ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION ALAN C. KAY, Sr. , District Judge . Findings and Recommendation having been filed and served on all parties on December 05, 2016, and no objections having been filed by any party, IT IS HEREBY ORDERED AND ADJUDGED that, pursuant to Title 28, United States Code, Section 636(b)(1)(C) and Local Rule 74.2, the "Findings and Recommendation to Dismiss This Action," Dkt. No. 42, are adopted as the opinion and order of this Court. IT...
FINDINGS AND RECOMMENDATION TO DISMISS THIS ACTION 1 RICHARD L. PUGLISI , Magistrate Judge . On December 5, 2016, at 10:00 a.m., a hearing was held on this Court's November 21, 2016 Order Granting in Part and Denying in Part Defendants' Motion for Sanctions and to Compel Plaintiff's Deposition, which directed Plaintiff, pro se, to appear and to show cause why this case should not be dismissed for her failure to comply with a court order and her failure to cooperate in discovery. At the...
ORDER GRANTING DEFENDANT HAWAII MEDICAL SERVICE ASSOCIATION'S MOTION FOR PARTIAL SUMMARY JUDGMENT SUSAN OKI MOLLWAY , District Judge . Before this court is a motion for partial summary judgment brought by Defendant Hawaii Medical Service Association. HMSA requests a judicial determination that the Employee Retirement Income Security Act of 1974, 29 U.S.C. 1001 et seq., preempts the state statutes relied on by Plaintiff Elizabeth Noetzel. See HMSA's Motion for Partial Summary Judgment,...
ORDER DENYING DEFENDANTS' MOTION FOR PARTIAL RECONSIDERATION, ECF NO. 28 J. MICHAEL SEABRIGHT , Chief District Judge . ORDER DENYING DEFENDANTS' MOTION FOR PARTIAL RECONSIDERATION, ECF NO. 28 I. INTRODUCTION Defendants Loretta Lynch and Sally Jewell in their official capacities as Attorney General of the United States and Secretary of the Department of the Interior of the United States, respectively, move for reconsideration in part of this court's December 7, 2016 Order which...
ORDER SETTING PRELIMINARY HEARING SUSAN OKI MOLLWAY , District Judge . ORDER SETTING PRELIMINARY HEARING I. BACKGROUND On May 23, 2016, pro se petitioner Larry James Ortiz filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 2254. Pet., ECF No. 1. In the Petition, Ortiz states that he is "unable to read and write," and that his illiteracy prevented him from filing earlier, but that he had assistance in filing the Petition. Id. , PageID #13. Ortiz does not identify his...
FINDINGS AND RECOMMENDATION GRANTING PLAINTIFFS UNITED STATES FIRE INSURANCE COMPANY AND THE NORTH RIVER INSURANCE COMPANY'S MOTION FOR DEFAULT JUDGMENT OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT AGAINST DEFENDANT LALOFAU FEA (Declaratory Judgment) KEVIN S.C. CHANG , Magistrate Judge . FINDINGS AND RECOMMENDATION GRANTING PLAINTIFFS UNITED STATES FIRE INSURANCE COMPANY AND THE NORTH RIVER INSURANCE COMPANY'S MOTION FOR DEFAULT JUDGMENT OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT...
ORDER ADOPTING FINDINGS AND RECOMMENDATION TO DENY THIRD-PARTY DEFENDANT RUSTON TOM'S MOTION FOR ATTORNEYS' FEES DERRICK K. WATSON , District Judge . ORDER ADOPTING FINDINGS AND RECOMMENDATION TO DENY THIRD-PARTY DEFENDANT RUSTON TOM'S MOTION FOR ATTORNEYS' FEES INTRODUCTION Following a nine-day trial, the jury returned a verdict against the State of Hawaii Board of Education Department of Education ("State") and Kristin Lindquist on Angelica Kauhako and her daughter Mariana's...
ORDER GRANTING DEFENDANT'S MOTION FOR SENTENCE REDUCTION PURSUANT TO 18 U.S.C. 3582(c)(2) AND AMENDMENT 782 TO THE UNITED STATES SENTENCING GUIDELINES (ECF No. 360) HELEN GILLMOR , District Judge . Defendant Herman Lemusu, proceeding pro se, has filed a motion for a reduction in sentence pursuant to 18 U.S.C. 3582(c)(2) and Amendment 782 to the United States Sentencing Guidelines. Defendant's Motion for a Reduction in Sentence (ECF No. 360) is GRANTED. PROCEDURAL HISTORY On March...
FINDINGS AND RECOMMENDATION TO DENY PLAINTIFF ANGELICA J. KAUHAKO'S MOTION FOR ATTORNEYS' FEES KENNETH J. MANSFIELD , Magistrate Judge . On July 22, 2016, Plaintiff Angelica J. Kauhako ("Kauhako" or "Plaintiff") filed a motion to recover her attorneys' fees ("Motion"). ECF No. 229-1. On August 5, 2016, Defendant State of Hawaii Board of Education Department of Education ("State Board" or "Defendant") filed a response opposing Kauhako's Motion. ECF No. 230. Plaintiff filed a reply to...
ORDER: (1) DENYING DEFENDANT'S MOTION UNDER 28 U.S.C. 2255 TO VACATE, SET ASIDE, OR CORRECT SENTENCE BY A PERSON IN FEDERAL CUSTODY, ECF NO. 433; AND (2) DENYING A CERTIFICATE OF APPEALABILITY J. MICHAEL SEABRIGHT , Chief District Judge . I. INTRODUCTION On October 22, 2013, after a three-week jury trial, Defendants Pilialoha K. Teves ("Teves") and Mahealani Ventura-Oliver ("Ventura-Oliver") (collectively, "Defendants") were found guilty of multiple counts relating to a fraudulent...
ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION J. MICHAEL SEABRIGHT , Chief District Judge . Findings and Recommendation having been filed and served on all parties on November 28, 2016, and no objections having been filed by any party, IT IS HEREBY ORDERED AND ADJUDGED that, pursuant to Title 28, United States Code, Section 636(b)(1)(C) and Local Rule 74.2, the "FINDINGS AND RECOMMENDATION TO GRANT PLAINTIFF LISA CIMINO, DEFENDANT AND THIRD-PARTY PLAINTIFF KOHALA ZIPLINE,...
FINDINGS AND RECOMMENDATION TO GRANT PLAINTIFF LISA CIMINO, DEFENDANT AND THIRD-PARTY PLAINTIFF KOHALA ZIPLINE, LLC, THIRD-PARTY DEFENDANT ARBOR GLOBAL LLC, AND THIRD-PARTY DEFENDANT BONSAI DESIGN, LLC'S JOINT PETITION FOR DETERMINATION OF GOOD FAITH SETTLEMENT BY AND BETWEEN KOHALA ZIPLINE, LLC AND PLAINTIFF LISA CIMINO KENNETH J. MANSFIELD , Magistrate Judge . Plaintiff LISA CIMINO ("Plaintiff"), Defendant and Third-Party Plaintiff KOHALA ZIPLINE, LLC ("KOHALA"), Third-Party Defendant...
ORDER: (1) DENYING DEFENDANT'S MOTION UNDER 28 U.S.C. 2255 TO VACATE, SET ASIDE, OR CORRECT SENTENCE BY A PERSON IN FEDERAL CUSTODY, ECF NO. 433; AND (2) DENYING A CERTIFICATE OF APPEALABILITY J. MICHAEL SEABRIGHT , Chief District Judge . ORDER: (1) DENYING DEFENDANT'S MOTION UNDER 28 U.S.C. 2255 TO VACATE, SET ASIDE, OR CORRECT SENTENCE BY A PERSON IN FEDERAL CUSTODY, ECF NO. 433; AND (2) DENYING A CERTIFICATE OF APPEALABILITY I. INTRODUCTION On October 22, 2013, after a three-...
