ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS ALAN C. KAY, Senior District Judge. FACTUAL BACKGROUND 1 Plaintiffs Nan Wadsworth, Elizabeth Valdez Kyne, Bert Villion, and Stephen West ("Plaintiffs") have all worked as food and beverage servers at the Grand Wailea Resort Hotel & Spa in Maui. Second Am. Compl. 3. Plaintiffs bring this action on behalf of themselves and a class of individuals similarly situated. Id. 4. Plaintiffs assert the class of...
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT CITY AND COUNTY OF HONOLULU'S MOTION TO DISMISS COMPLAINT, WITH LEAVE TO AMEND IN PART HELEN GILLMOR, Senior District Judge. Plaintiff filed a Complaint alleging violations of his civil rights under the United States Constitution and related state law tort claims. Defendant City and County of Honolulu moves to dismiss the Complaint for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). The Motion (Doc. 34) is GRANTED...
ORDER DENYING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT DAVID ALAN EZRA, District Judge. Defendants Joshua Eagle and Elton Robertson (collectively, Defendants) move for summary judgment. (Doc. 83.) Plaintiff Harry J. Coles, a prisoner proceeding pro se, alleges that Eagle and Robertson used excessive force during his arrest on April 24, 2007. 1 Defendants argue that they are entitled to qualified immunity. The Motion is brought pursuant to Federal Rule of Civil Procedure 56. After careful...
ORDER DENYING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANT'S CROSS-MOTION FOR SUMMARY JUDGMENT J. MICHAEL SEABRIGHT, District Judge. I. INTRODUCTION This breach of contract action concerns a $7.2 million loan extended by Defendant Fairway Capital, LLC ("Fairway") to Plaintiff Seascape Development, LLC ("Seascape") and secured by a mortgage on real property in Kailua-Kona, Hawaii. On March 14, 2008, Seascape and Fairway entered into an agreement (the "Seascape Letter...
ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT DAVID ALAN EZRA, District Judge. On July 6, 2010, and August 9, 2010, the Court heard Plaintiff Allstate Insurance Company's ("Plaintiff" or "Allstate") Motion. Richard B. Miller, Esq., appeared at the hearing on behalf of Plaintiff; Joseph L. Wildman, Esq., appeared at the hearing on behalf of Defendant-Intervenors. After reviewing the motion and the supporting and opposing memoranda, the Court GRANTS Plaintiff's Motion. (Doc. #6.)...
ORDER AFFIRMING MAGISTRATE JUDGE'S ORDER GRANTING DEFENDANTS' MOTION TO STAY PROCEEDINGS PENDING RESOLUTION OF EARLIER-FILED FEDERAL CLASS ACTION ALAN C. KAY, Senior District Judge. BACKGROUND 1 I. The Present Action On March 18, 2009, Plaintiffs Maria Lovell and Kimberly Sullivan filed a class action complaint ("Complaint" or "Compl.") in the Circuit Court for the First Circuit of the State of Hawai'i against Defendants United Airlines, Inc. ("United"), Jacquelyn Shook, and Bernadette...
ORDER GRANTING IN PART, DENYING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT SUSAN OKI MOLLWAY, Chief Judge. I. INTRODUCTION. Plaintiff Carla Rezentes ("Rezentes") was employed by Sears, Roebuck and Company ("Sears") as a Loss Prevention Agent. Sears fired her. Sears says it fired her because she lied about a work-related incident. Rezentes complains that Sears fired her not because she lied, but because Sears unlawfully discriminated against her. Sears and Michael Cox ("Cox") move for...
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION TO EXCLUDE EXPERT DESIGNATION OF CLIFFORD WONG, PH.D. AND EVIDENCE OF, RELATED TO, REPORTED THC IN MARK DURHAM'S POSTMORTEM BLOOD SAMPLE LESLIE E. KOBAYASHI, United States Magistrate Judge. On April 22, 2010, Plaintiffs Sheri Gail Durham, individually and as next friend of Marisa Uma Lama Durham, minor, and Denise Ann Jenkins, as the Administrator of the Estate of Mark Allen Durham, deceased, and as the Administrator of the Estate...
ORDER GRANTING PLAINTIFF NAUTILUS INSURANCE COMPANY'S MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT J. MICHAEL SEABRIGHT, District Judge. I. INTRODUCTION On January 28, 2008, Gabriel Campbell ("Campbell") filed a complaint in the Second Circuit Court of the State of Hawaii against K. Smith Builders, Kyle Smith, and others, seeking damages for injuries he sustained while working on a job site where K. Smith Builders and/or Kyle Smith was the general...
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT PROCEDURAL BACKGROUND ALAN C. KAY, SR., District Judge. On May 21, 2009, Ismail Shahata ("Plaintiff") filed a complaint against W Steak Waikiki, LLC ("Defendant") alleging five claims (1) Promissory Estoppel, (2) Infliction of Emotional Distress, (3) Invasion of Privacy, (4) Wrongful Discharge, and (5) Breach of Contract. By way of a document titled "Attorney Substitution" dated October 27, 2009, and received...
ORDER (1) GRANTING DEFENDANT REHMER'S STAY MOTION (2) GRANTING DEFENDANT PSC'S STAY MOTION AND (3) DENYING DEFENDANT NORVA'S MOTION TO DISMISS ALAN C. KAY, Senior District Judge. FACTUAL BACKGROUND 1 This consolidated declaratory judgment action stems from an industrial explosion ("Explosion") at a used oil recycling plant ("Plant") in Kapolei, Hawai'i, operated by PSC Industrial Outsourcing, L.P. ("PSC"). On May 30, 2008, PSC entered into a contract agreement ("5/30/2008 Contract") with...
ORDER DENYING DEFENDANT'S MOTIONS TO DISMISS COUNTS OF THE SECOND SUPERSEDING INDICTMENT DAVID ALAN EZRA, District Judge. On May 3, 2010, Defendant Rodney King's motions to dismiss multiple counts of the indictment (Docs. ## 139, 140, 141) came before the Court for hearing. Edward G. Caspar, Trial Attorney, U.S. Department of Justice, and Darren W.K. Ching, Assistant U.S. Attorney, appeared at the hearing on behalf of the Government; Matthew C. Winter and Salina Althof, Assistant Federal...
ORDER GRANTING IN PART, AND DENYING IN PART, DEFENDANT'S MOTION FOR SUMMARY JUDGMENT ALAN C. KAY, Senior District Judge. PROCEDURAL BACKGROUND On October 3, 2008, Tarshia Williams, individually and as the Personal Representative of the Estate of Talia Williams, a Deceased Minor ("Plaintiffs"), filed a complaint against Defendant the United States of America (referred to herein as "Defendant," the "Government," or the "United States"). On February 8, 2010, at the dispositive motion...
ORDER (1) AFFIRMING MAGISTRATE JUDGE'S JUNE 30, 2010 ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION TO EXCLUDE EXPERT DESIGNATION OF CLIFFORD WONG, PH.D. AND EVIDENCE OF OR RELATED TO, REPORTED THC IN MARK DURHAM'S POSTMORTEM BLOOD SAMPLE; AND (2) DENYING PLAINTIFFS' MOTION TO EXCLUDE EVIDENCE OF, OR RELATED TO, REPORTED THC IN MARK DURHAM'S POSTMORTEM BLOOD SAMPLE UNDER FEDERAL RULE OF EVIDENCE 403 J. MICHAEL SEABRIGHT, District Judge. I. INTRODUCTION This action arises...
ORDER (1) DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT, (2) DETERMINING FACTS NOT AT ISSUE PURSUANT TO RULE 56(d), (3) DENYING PLAINTIFF'S MOTION FOR LEAVE TO FILE A SUPPLEMENTAL DECLARATION, AND (4) GRANTING DEFENDANT'S COUNTER MOTION FOR SUMMARY JUDGMENT ALAN C. KAY, Senior District Judge. PROCEDURAL BACKGROUND On May 20, 2009, Plaintiff Painsolvers, Inc. ("Plaintiff" or "Painsolvers"), a professional corporation authorized to provide personal injury protection ("PIP") benefits to...
ORDER: 1) DENYING DEFENDANT'S MOTION TO DISMISS; 2) DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT; AND 3) GRANTING PLAINTIFF'S ALTERNATIVE MOTION FOR ORDER STRIKING DEFENSE DAVID ALAN EZRA, District Judge. On August 2, 2010, the Court heard Plaintiff's Motion for Summary Judgment, or in the Alternative, for Order Striking Defense and Defendant's Motion to Dismiss. Douglas J. Sameshima, Esq., appeared at the hearing on behalf of Plaintiff; Defendant Michael Folkes appeared pro se. After...
ORDER (1) GRANTING IN PART AND DENYING IN PART DEFENDANTS HANKINS, BURGESS, LEE, GOMES, AMANO, ALVAREZ, MAWAE, AND KIA'S MOTION FOR SUMMARY JUDGMENT AND (2) DENYING DEFENDANT MAUI COUNTY'S MOTION FOR SUMMARY JUDGMENT J. MICHAEL SEABRIGHT, District Judge. I. INTRODUCTION Plaintiffs Elmer Stephen Wereb and Betty Wereb (collectively, "Plaintiffs") filed this civil rights action pursuant to 42 U.S.C. 1983 following the in-custody death of their son, Dennis Wereb ("Wereb"). Beginning on...
ORDER (1) DENYING PLAINTIFF'S MOTION FOR REMAND, AND (2) GRANTING IN PART, AND DENYING IN PART, DEFENDANT'S MOTION TO DISMISS ALAN C. KAY, Senior District Judge. BACKGROUND 1 On January 6, 2010, Plaintiff filed a document titled "Lawsuit for Answers about, and Relief from, Such Treatment by Defendant that Resulted in Undue Suffering upon Plaintiff" in state court ("Complaint"). Plaintiff identified the "Defendant" as "Association of Flight Attendants—CWA, AFL-CIO, Namely: Mark C. Stotik."...
ORDER (1) GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT; (2) GRANTING IN PART AND DENYING IN PART WAIKIKI SAND VILLA HOTEL'S MOTION FOR SUMMARY JUDGMENT; AND (3) GRANTING IN PART AND DENYING IN PART MAYORAL'S MOTION FOR SUMMARY JUDGMENT J. MICHAEL SEABRIGHT, District Judge. I. INTRODUCTION Plaintiff Scott Hughes ("Plaintiff"), a former security guard/bellman at the Waikiki Sand Villa Hotel, Inc. (the "Hotel"), asserts claims against his employer,...
ORDER: (1) GRANTING IN PART AND DENYING IN PART DEFENDANTS ROBERT EMMETT HAMILTON, SUSAN WEINERT HAMILTON, AND HULA BROTHERS, INC.'S MOTION FOR SUMMARY JUDGMENT AS TO PLAINTIFF SHIKWAN SUNG'S REMAINING CLAIMS; (2) GRANTING DEFENDANTS ROBERT EMMETT HAMILTON AND SUSAN WEINERT HAMILTON'S MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO COUNTERCLAIM; AND (3) GRANTING DEFENDANTS BIG ISLAND LAND CO., LTD., AND GREGORY GADD'S MOTION FOR SUMMARY JUDGMENT DAVID ALAN EZRA, District Judge. Pursuant to Local...
