ORDER GRANTING, IN PART, AND DENYING, IN PART, DEFENDANTS STATE OF HAWAII, DEPARTMENT OF PUBLIC SAFETY AND NOLAN ESPINDA'S MOTION FOR SUMMARY JUDGMENT (ECF No. 198) and DENYING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT WITH RESPECT TO THE STATE OF HAWAII, DEPARTMENT OF PUBLIC SAFETY'S LIABILITY FOR THE ACTIONS OF DEFENDANT FREDDIE CARABBACAN, IN HIS OFFICIAL CAPACITY (ECF No. 200) HELEN GILLMOR , District Judge . Plaintiff Elizabeth Mueller has filed a Complaint against: (1)...
ORDER GRANTING DEFENDANT'S MOTION TO DISMISS Jill A. Otake , United States District Judge . Plaintiffs Bristol-Myers Squibb Company, Sanofi-Aventis U.S. LLC, Sanofi US Services, Inc., and Sanofi-Synthelabo LLC ("Plaintiffs") filed a Complaint against Clare E. Connors in her official capacity as the Attorney General of the State of Hawai`i (the "State"). The State moved to dismiss the Complaint, arguing the Court must abstain under Younger v. Harris, 401 U.S. 37 , 91 S.Ct. 760, 27 L.Ed....
ORDER ADOPTING (1) FINDINGS AND RECOMMENDATION TO GRANT IN PART AND DENY IN PART PLAINTIFF SPIRIT OF ALOHA TEMPLE'S MOTION FOR REVIEW OF TAXABLE COSTS AND (2) FINDINGS AND RECOMMENDATION TO DENY DEFENDANT THE COUNTY OF MAUI'S MOTION FOR ATTORNEY'S FEES AND NON-TAXABLE COSTS SUSAN OKI MOLLWAY , District Judge . I. INTRODUCTION. Before the court are objections to (1) Findings and Recommendation to Grant in Part and Deny in Part Plaintiff Spirit of Aloha Temple's Motion for Review of Taxable...
ORDER (1) GRANTING DEFENDANTS GLEN I. TAKAHASHI, CITY CLERK OF THE CITY AND COUNTY OF HONOLULU AND THE CITY AND COUNTY OF HONOLULU'S MOTION TO DISMISS COMPLAINT FOR DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF; AND (2) DEEMING MOOT DEFENDANT MOANA YOST'S MOTION TO DISMISS THE COMPLAINT FOR DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF Jill A. Otake , United States District Judge . In this action, Plaintiff Tracy Yoshimura ("Plaintiff") seeks an order requiring Defendants City and County of...
ORDER ADOPTING RECOMMENDATION TO DISTRICT COURT TO VACATE WITHDRAWAL OF REFERENCE AND SCHEDULING ORDER JILL A. OTAKE , District Judge . On February 20, 2020, United States Bankruptcy Judge Robert J. Faris issued a Recommendation to District Court to Vacate Withdrawal of Reference and Scheduling Order by Consent of Parties ("Recommendation"). ECF No. 15-1. The Recommendation indicates that the bankruptcy court has now approved the parties' settlement of most of their claims, and as to the...
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS DERRICK K. WATSON , District Judge . After Plaintiff Gaurav Thakral, M.D., was dismissed from the medical residency program at the University of Hawaii, he brought this civil action under the Americans with Disabilities Act of 1990, 42 U.S.C. 12111 et seq., asserting that he was unlawfully dismissed because of alleged mental disabilities. Defendants filed a motion to dismiss, Dkt. No. 12, that does not challenge...
ORDER DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT; GRANTING IN PART DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT; AND REMANDING STATE CLAIMS JILL A. OTAKE , District Judge . ORDER DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT; GRANTING IN PART DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT; AND REMANDING STATE CLAIMS Plaintiff Reza Lesane ("Plaintiff") brings claims under federal and state law against his former employer Defendant Hawaiian Airlines, Inc. ("Hawaiian") and its former CEO,...
ORDER DENYING PLAINTIFF'S MOTION TO CERTIFY ORDERS FOR INTERLOCUTORY APPEAL (ECF No. 482) HELEN GILLMOR , District Judge . In November 2011, a helicopter piloted by the Plaintiff's husband crashed on the island of Molokai. Plaintiff filed a Complaint against Defendant Nevada Helicopter Leasing LLC, the owner of the Subject Helicopter, and other Defendants, asserting negligence and strict liability claims. In July 2016, the Federal District Court granted Defendant Nevada Helicopter Leasing...
ORDER RULING ON DEFENDANT'S SIX MOTIONS IN LIMINE HELEN GILLMOR , District Judge . In November 2011, a helicopter piloted by the Plaintiff's husband crashed on the island of Molokai. Plaintiff filed a complaint against Defendant Nevada Helicopter Leasing LLC, the owner of the Subject Helicopter, and other Defendants, asserting negligence and strict liability claims. In July 2016, the Federal District Court granted Defendant Nevada Helicopter Leasing LLC's Motion for Summary Judgment....
ORDER RE: FORMAL FEDERAL COMPLAINT TO CHIEF JUSTICE MICH[AE]L SEABRIGHT AGAINST FEDERAL JUDGE DERRI[C]K K. WATSON PER FRCP 351(A) DERRICK K. WATSON , District Judge . On February 21, 2020, the Clerk of Court received a document from pro se Plaintiff Thomas Lauro in the above-captioned cases, each of which is closed, 1 titled "Formal Federal Complaint to Chief Justice Micheal [sic] Seabright against Federal Judge Derrik [sic] K. Watson, per FRCP 351(A) Direct Violations of Thomas Lauro's...
ORDER ADOPTING FINDINGS AND RECOMMENDATION TO GRANT DEFENDANT CENTERS FOR MEDICARE AND MEDICAID SERVICES' MOTION TO DISMISS, ECF NO. 22; AND REMANDING REMAINING ACTION TO STATE COURT J. MICHAEL SEABRIGHT , Chief District Judge . I. INTRODUCTION Two different but related Findings and Recommendations ("F&Rs") of United States Magistrate Judge Wes R. Porter are before this court for review under 28 U.S.C. 636(b)(1) and Local Rule 74.1. 1 First, in an October 29, 2019 F&R, Magistrate...
ORDER REINSTATING PLAINTIFF CHAD BARRY BARNES'S MOTION FOR SUMMARY JUDGMENT AND TO PIERCE THE CORPORATE VEIL OF DEFENDANT SEA HAWAII RAFTING, LLC ALAN C. KAY, SR. , District Judge . The Court today issued an order stating that it will impose enhanced sanctions on Defendant AOE and Defendant Henry for their noncompliance with this Court's prior directives to cause DOBOR reissue the commercial use permit from Defendant AOE back to Defendant SHR. In light of two recently-issued appellate...
ORDER IMPOSING ENHANCED SANCTIONS PURSUANT TO THIS COURT'S INHERENT POWER ON DEFENDANT ALOHA OCEAN EXCURSIONS, LLC AND DEFENDANT KRISTIN KIMO HENRY Alan C. Kay, Sr. United States District Judge . In a prior order issued on August 29, 2019, ECF No. 608 (the "First Sanctions Order"), the Court imposed sanctions jointly and severally on Defendant Aloha Ocean Excursions, LLC ("Defendant AOE") and Defendant Kristin Kimo Henry ("Defendant Henry") for their sanctionable conduct that the Court...
ORDER REVERSING DECISION OF COMMISSIONER OF SOCIAL SECURITY AND REMANDING ACTION FOR FURTHER PROCEEDINGS J. MICHAEL SEABRIGHT , Chief District Judge . I. INTRODUCTION Plaintiff Garret Sekigawa ("Plaintiff" or "Sekigawa") petitions for review under 42 U.S.C. 405(g) of Commissioner of Social Security Andrew Saul's ("the Commissioner's") denial of Plaintiff's application for disability insurance benefits under Title II of the Social Security Act. After careful review, the court...
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT CRISTETA C. OWAN'S MOTION TO UNSEAL DOCUMENT JILL A. OTAKE , District Judge . Before the Court is Defendant Cristeta Owan's ("Defendant") Motion to Unseal Document, filed January 29, 2020. ECF No. 534. The Court finds this Motion suitable for disposition without a hearing pursuant to Local Rule 7.1(c). 1 For the reasons articulated below, the Court GRANTS in part and DENIES in part the Motion. BACKGROUND As the Court and the parties...
ORDER SUSTAINING DEFENDANT'S OBJECTIONS TO THE MAGISTRATE JUDGE'S AMENDED FINDINGS AND RECOMMENDATION TO GRANT IN PART AND DENY IN PART PLAINTIFF'S MOTION FOR ATTORNEYS' FEES (ECF No. 54) AND OVERRULING PLAINTIFF'S OBJECTIONS TO AMENDED FINDINGS AND RECOMMENDATION TO GRANT IN PART AND DENY IN PART PLAINTIFF'S MOTION FOR ATTORNEYS' FEES (ECF No. 53) AND REJECTING THE MAGISTRATE JUDGE'S AMENDED FINDINGS AND RECOMMENDATION TO GRANT IN PART AND DENY IN PART PLAINTIFF'S MOTION FOR ATTORNEYS'...
ORDER GRANTING IN PART AND DENYING IN PART THE STATE DEFENDANTS' SUMMARY JUDGMENT MOTION LESLIE E. KOBAYASHI , District Judge . On May 15, 2019, Defendants State of Hawai`i, Department of Public Safety ("DPS"), and Deputy Sheriff Tommy Cayetano ("Cayetano" and, collectively, "State Defendants") filed their Motion for Summary Judgment for Qualified Immunity ("Summary Judgment Motion"). 1 [Dkt. no. 29.] Plaintiff Steven Eng ("Plaintiff") filed his memorandum in opposition on January 31,...
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT ASSOCIATION OF OWNERS OF KUKUI PLAZA'S MOTION TO DISMISS COMPLAINT FILED ON JULY 23, 2018 LESLIE E. KOBAYASHI , District Judge . On May 15, 2019, Defendant Association of Owners of Kukui Plaza ("Association") filed its Motion to Dismiss Complaint Filed on July 23, 2018 ("Motion to Dismiss"). 1 [Dkt. no. 28.] Plaintiff Steven Eng ("Plaintiff") filed his memorandum in opposition on January 31, 2020, and the Association filed its reply on...
ORDER GRANTING PLAINTIFF'S MOTION TO DEFER CONSIDERATION OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT DERRICK K. WATSON , District Judge . Inmate Scott Gordon brings this lawsuit under the Eighth Amendment and 42 U.S.C. Section 1983, alleging that Defendants (a prison social worker, a corrections supervisor, and a doctor) failed to separate him from a group of inmates who violently assaulted him for the second time. It has been nearly a year since Defendants moved for summary judgment, Dkt....
ORDER DENYING PLAINTIFF'S APPEAL AND AFFIRIMG THE ADMINISTRATIVE LAW JUDGE'S DECISION LESLIE E. KOBAYASHI , District Judge . Before the Court is Plaintiff Jasmine M. Matsukado's ("Plaintiff") Complaint for Review of Social Security Disability Insurance Determination, filed January 24, 2019, in which she appeals from Administrative Law Judge Jesse J. Pease's ("ALJ") February 27, 2018 Decision ("Appeal"). [Dkt. no. 1.] The ALJ issued the Decision after conducting a hearing on December 4,...
