ORDER GRANTING PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION DAVID ALAN EZRA, District Judge. On November 16, 2011, the Court heard Plaintiffs' Motion for Preliminary Injunction. Appearing on behalf of Plaintiffs were J. Blaine Rogers, Esq., Victor Geminiani, Esq., Deja Ostrowski, Esq., and, by telephone, Mary R. Mannix, Esq. Appearing on behalf of Defendant was Deputy Attorney General Rebecca E. Quinn. After reviewing the motion and the supporting and opposing memoranda, the Court GRANTS...
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT MAUI COUNTY'S MOTION FOR RECONSIDERATION J. MICHAEL SEABRIGHT, District Judge. I. INTRODUCTION Plaintiffs Elmer and Betty Wereb ("Plaintiffs") brought this suit under 42 U.S.C. 1983 after their son, Dennis Wereb ("Wereb"), died while in Defendant Maui County's (the "County") custody at the Lahaina, Maui, Police Station. On July 28, 2010, the court issued its Order (1) Granting in Part and Denying in Part Defendants Hankins, Burgess,...
ORDER STAYING PROCEEDINGS ALAN C. KAY, Senior District Judge. I. PROCEDURAL AND FACTUAL BACKGROUND 1 Invoking the Court's diversity jurisdiction, Plaintiff National Union Fire Insurance Company of Pittsburgh, PA, has filed a complaint for declaratory relief. (Compl. 7, ECF No. 1; see also Am. Compl. 7, ECF No. 35. 2 ) National Union seeks, among other things, a declaration that it need not defend or indemnify Defendants Simpson Manufacturing Company, Inc., Simpson Strong-Tie Company,...
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS OR FOR SUMMARY JUDGMENT LESLIE E. KOBAYASHI, District Judge. Before the Court is Defendants Matson Terminals, Inc. and Matson Navigation Company, Inc.'s (collectively "Matson" or "Defendants") Motion for Judgment on the Pleadings or for Summary Judgment ("Motion"), filed on June 17, 2011. Plaintiff Seabright Insurance Company ("Seabright" or "Plaintiff") filed its memorandum in opposition on September...
ORDER GRANTING DEFENDANT JAPAN AIRLINES' MOTION FOR JUDGMENT ON THE PLEADINGS (COMPLETE FEDERAL PREEMPTION UNDER THE FEDERAL AVIATION ACT) LESLIE E. KOBAYASHI, District Judge. Before the Court is Defendant Japan Airlines'("JAL") Motion for Judgment on the Pleadings (Complete Federal Preemption Under the Federal Aviation Act) ("Motion"), filed on June 24, 2011. Plaintiff Martin Ventress ("Ventress") filed his memorandum in opposition on September 26, 2011, and JAL filed its reply on October 3,...
ORDER DENYING PLAINTIFF'S MOTION FOR RECONSIDERATION LESLIE E. KOBAYASHI, District Judge. On July 1, 2011, this Court issued its Order Granting in Part and Denying in Part Defendant BAC Home Loans Servicing, LP's Motion to Dismiss Plaintiff's Complaint ("Order"). On July 12, 2011, Plaintiff Rocky Fujio Takushi ("Plaintiff"), individually and as trustee of the Albert G. Takushi Revocable Living Trust Dated April 11, 2007 ("Trust"), filed a motion seeking reconsideration of the Order ("Motion")...
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT COUNTRYWIDE HOME LOANS, FSB'S MOTION TO DISMISS, OR IN THE ALTERNATIVE, FOR A MORE DEFINITE STATEMENT LESLIE E. KOBAYASHI, District Judge. Before the Court is Defendant Countrywide Home Loans, FSB's ("Countrywide") Motion to Dismiss, or in the Alternative, for a More Definite Statement ("Motion"), filed on March 28, 2011. Plaintiff Trinidad C. Enriquez ("Plaintiff") filed her memorandum in opposition on July 8, 2011. This matter came on...
ORDER GRANTING PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT, FILED ON APRIL 4, 2011 (DOC. 132) HELEN GILLMOR, District Judge. Plaintiffs filed a five-count Second Amended Class Action Complaint alleging: unfair methods of competition in violation of Hawaii Revised Statutes ("H.R.S.") 480-2(e), 481B-14 (Count 1); intentional interference with contractual or advantageous relations (Count 2); breach of implied contract (Count 3); unjust enrichment (Count 4); and unpaid wages in violation...
ORDER AFFIRMING HEARING OFFICER'S MAY 31, 2010 DECISION LESLIE E. KOBAYASHI, District Judge. Before the Court is an appeal by Plaintiffs James M., by and through his parent Sherry M. (collectively, "Plaintiffs"), of a hearings officer's Findings of Fact, Conclusions of Law and Decision ("Hearing Decision"), 1 filed May 31, 2010, concluding that James M. was offered a free appropriate public education ("FAPE") in accordance with the Individuals with Disabilities Education Improvement Act of...
ORDER GRANTING DEFENDANT'S MOTION TO SUPPRESS EVIDENCE, FILED APRIL 12, 2011 LESLIE E. KOBAYASHI, District Judge. The Indictment charges Defendant Aloalii Tootoo ("Defendant") with knowingly and intentionally possessing with the intent to distribute five grams or more of methamphetamine, its salts, isomers, and salts of its isomers, in violation of 21 U.S.C. 841(a)(1) and 841(b)(1)(B) on or about March 3, 2011. [Indictment, filed 3/17/11 (dkt. no. 9), at 1.] On April 12, 2011, Defendant...
ORDER DENYING PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION LESLIE E. KOBAYASHI, District Judge. Before the Court is Plaintiff American Promotional Events, Inc.—Northwest, doing business as TNT Fireworks', ("Plaintiff" or "TNT") Motion for Preliminary Injunction ("Motion"), filed on April 11, 2011. Defendant City and County of Honolulu ("Defendant" or "City") filed its memorandum in opposition on May 23, 2011, Plaintiff filed its supplemental memorandum in support on May 31, 2011, and...
FINDINGS AND RECOMMENDATION TO GRANT IN PART AND DENY IN PART PLAINTIFF'S NONHEARING MOTION FOR AWARD OF ATTORNEY'S FEES KEVIN S.C. CHANG, Magistrate Judge. On October 17, 2011, Plaintiff C.Y., by and through his mother and next friend, Cheryl Y. ("Plaintiff"), filed a Nonhearing Motion for Award of Attorney's Fees ("Motion"). On October 27, 2011, Plaintiff filed a Statement of Consultation ("SOC"). Defendant Department of Education, State of Hawaii ("Defendant") filed an Opposition on...
ORDER GRANTING IN PART AND DENYING IN PART PNC DEFENDANTS' MOTION TO DISMISS COMPLAINT LESLIE E. KOBAYASHI, District Judge. Defendants PNC Mortgage, a division of PNC Bank, National Association; PNC Bank, National Association in its individual capacity and as successor by merger to National City Mortgage Inc., and National City Bank; and PNC Financial Services Group, Inc. (collectively "PNC Defendants"), filed the instant Motion to Dismiss Complaint ("Motion") on February 25, 2011....
ORDER TRANSFERRING VENUE SUSAN OKI MOLLWAY, Chief Judge. I. INTRODUCTION. In this insurance dispute, Defendant Centex Homes ("Centex") asks the court to enforce an indisputably valid arbitration provision in its insurance policy that requires arbitration of "disagreement[s] as to the interpretation of this policy." Centex asks the court to order the parties to arbitrate in Dallas, Texas, pursuant to the terms of their policy. Because the Federal Arbitration Act ("FAA" or the "Act") does...
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION ALAN C. KAY, Senior District Judge. SYNOPSIS This litigation involves a dispute over the method by which the State of Hawai'i is currently providing Medicaid services to aged, blind, and disabled beneficiaries ("ABD beneficiaries"). Traditionally, states provided Medicaid benefits on a feefor-service basis ("Medicaid FFS"). In a Medicaid FFS program, the state contracts directly with and pays healthcare providers, such as physicians,...
ORDER (1) AFFIRMING IN PART AND REMANDING IN PART THE NOVEMBER 18, 2010 DECISION OF ADMINISTRATIVE HEARINGS OFFICER, AND (2) GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO SUPPLEMENT RECORD AND TO ENFORCE "STAY PUT" J. MICHAEL SEABRIGHT, District Judge. I. INTRODUCTION This Individuals with Disabilities Education Act (the "IDEA"), 20 U.S.C. 1400 et seq., action reviews November 18, 2010 Findings of Fact and Conclusions of Law (the "November 2010 Decision") of...
ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT J. MICHAEL SEABRIGHT, District Judge. I. INTRODUCTION On February 4, 2009, Plaintiff David Kersh ("Plaintiff") filed this action against Defendants Manulife Financial Corporation ("Manulife"), John Hancock Financial Services, Inc. aka John Hancock Life Insurance Company (USA) ("John Hancock"), and North American Life Assurance Co. ("NALA"), (collectively, "Defendants"), asserting state law claims stemming from a life insurance...
ORDER (1) GRANTING DEFENDANT U.S. NATIONAL BANK, N.A.'S MOTION FOR JUDGMENT ON THE PLEADINGS; (2) DENYING PLAINTIFFS' "MOTION TO EXTEND SETTLEMENT CONFERENCE AND TO AMEND COMPLAINT"; AND (3) REQUIRING PLAINTIFFS TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED WITHOUT PREJUDICE AS TO NON-SERVED DEFENDANTS J. MICHAEL SEABRIGHT, District Judge. I. INTRODUCTION On January 5, 2011, Plaintiffs Kuli Teaupa and Salote Teaupa ("Plaintiffs"), proceeding pro se, filed a Second Amended Complaint...
ORDER (1) GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT; AND (2) DENYING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ON COMPLAINT IN INTERVENTION LESLIE E. KOBAYASHI, District Judge. Before the Court are the following motions: (1) Defendants Pacific Environmental Corporation, M/V PENCO 1, and M/V PENCO 2's (collectively "Defendants" or "PENCO") Motion for Summary Judgment ("Motion"), filed on July 19, 2011; and (2) PENCO's Motion for Summary Judgment on...
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND DENYING IN PART AND CONTINUING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT ALAN C. KAY, Senior District Judge. I. PROCEDURAL BACKGROUND On September 1, 2010, Plaintiff Leslie-Aina Weight filed a complaint in the Circuit Court of the Third Circuit, State of Hawai'i, seeking, among other things, a declaration that Defendant USAA Casualty Insurance Co. ("USAA") has a duty to defend and indemnify...
