FINDINGS AND RECOMMENDATION TO GRANT PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT KEVIN S.C. CHANG, Magistrate Judge. FINDINGS AND RECOMMENDATION TO GRANT PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT AGAINST ALL DEFENDANTS THIS CAUSE is before the Court on the request of Plaintiff Liberty Mutual Insurance Company ("Liberty") for entry of default judgment against CTS Earthmoving, Inc., Christian Twigg-Smith, Louisa Twigg-Smith, and the Christian Twigg-Smith Revocable Living Trust (collectively, "...
ORDER DENYING PLAINTIFF'S MOTION TO REMAND AND FOR COSTS AND FEES LESLIE E. KOBAYASHI, District Judge. Plaintiff the State of Hawaii, ex rel. David M. Louie, Attorney General ("the Attorney General") seeks to remand his lawsuits against several financial entities on the basis that, in each case, there was no federal jurisdiction for the removal of his litigation from state court. This Court concludes, as set forth more fully below, that removal was proper based on the complete preemption...
ORDER GRANTING COUNTY OF HAWAII OFFICIAL DEFENDANTS' MOTION TO DISMISS (DOC. 23) AND STATE OF HAWAII DEFENDANTS' MOTION TO DISMISS (DOC. 25) HELEN GILLMOR, Senior District Judge. Plaintiff George K. Young, Jr. sues County and State Officials alleging violations of 42 U.S.C. 1983, 1985 and 1986 in the denial of his application for a license to carry a weapon in public, pursuant to Hawaii Revised Statute 134-9. Plaintiff asserts that the enforcement of Hawaii Revised Statutes 134-6 and...
ORDER GRANTING (1) THIRD-PARTY DEFENDANT UNITED STATES' MOTIONS TO DISMISS THIRD-PARTY COMPLAINTS; AND (2) PLAINTIFFS' MOTIONS TO STRIKE THIRD-PARTY COMPLAINTS J. MICHAEL SEABRIGHT, District Judge. I. INTRODUCTION This consolidated Order rules on Motions to Dismiss (and related Motions to Strike) the Third-Party Complaints in the following four related actions: Cabalce et al. v. VSE Corp. et al., Civ. No. 12-00373 JMS-RLP ( "Cabalce" ); Kelii et al. v. VSE Corp. et al., Civ. No. 12-...
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT GOVERNMENT EMPLOYEES INSURANCE COMPANY'S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF CINDY LEE'S CROSS MOTION FOR SUMMARY JUDGMENT LESLIE E. KOBAYASHI, District Judge. Before the Court are: (1) Defendant Government Employees Insurance Company's ("GEICO") Motion for Summary Judgment ("Motion"), filed on July 11, 2012 [dkt. no. 28]; and (2) Plaintiff Cindy Lee's ("Plaintiff") Cross Motion for Summary Judgment ("Cross Motion"), filed on...
ORDER GRANTING DEFENDANTS CITI MORTGAGE, INC. AND ABN AMRO MORTGAGE GROUP, INC.'S MOTION FOR SUMMARY JUDGMENT ON ALL CLAIMS AGAINST MOVANTS IN THE COMPLAINT FILED ON NOVEMBER 8, 2010 LESLIE E. KOBAYASHI, District Judge. On October 3, 2012, Defendants Citi Mortgage, Inc. ("CMI") and ABN Amro Mortgage Group, Inc. ("ABN", collectively "Moving Defendants") filed their Notice of Re-Filing of Motion for Summary Judgment on All Claims Against Movants in the Complaint Filed on November 8, 2010 ("...
ORDER (1) DENYING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT, AND (2) DENYING DEFENDANT PLEASANT TRAVEL SERVICE, INC.'S MOTION FOR SUMMARY JUDGMENT LESLIE E. KOBAYASHI, District Judge. Before the Court are: (1) Plaintiffs Victoria Yi, Next Friend of Song Myeong Hee, an incapacitated adult, Heo Hyeob, Heo Eunsuk, and Heo Keun Seok's (collectively "Plaintiffs") Motion for Partial Summary Judgment ("Plaintiffs' Motion"), filed on April 19, 2012; and (2) Defendant Pleasant Travel Service,...
ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ON PLAINTIFFS' FIRST AMENDED COMPLAINT LESLIE E. KOBAYASHI, District Judge. Before the Court is Intervenor Defendant Wells Fargo Bank, N.A., as Trustee of the Structured Asset Mortgage Investments II Inc. Bear Stearns Mortgage Funding Trust 2007-AR2, Mortgage Pass-Through Certificates, Series 2007-AR2 ("Wells Fargo"), and Defendant EMC Mortgage Corporation's ("EMC," collectively "Defendants" 1 ) Motion for Summary Judgment on...
ORDER DENYING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ON AIDING AND ABETTING CLAIMS LESLIE E. KOBAYASHI, District Judge. On July 6, 2012, Defendants the County of Maui ("the County"), Benjamin M. Acob, in his individual capacity ("Defendant Acob"), and Timothy T. Tate, in his individual capacity ("Defendant Tate", all collectively, "Defendants") filed their Motion for Summary Judgment on Aiding and Abetting Claims ("Motion"). [Dkt. no. 142.] Plaintiff Marie J. Kosegarten ("Plaintiff") filed...
ORDER GRANTING DEFENDANT'S MOTION TO DISMISS AND, IN THE ALTERNATIVE, MOTION FOR SUMMARY JUDGMENT AND DENYING AS MOOT PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT ALAN C. KAY, Senior District Judge. PROCEDURAL BACKGROUND Plaintiffs' First Amended Complaint ("FAC") was filed on May 7, 2012. (Doc. No. 44). Defendant's Motion To Dismiss the First Amended Complaint ("Motion") was filed on May 14, 2012. (Doc. No. 46.) The Motion To Dismiss was supported by a Concise Statement of Facts, declarations...
ORDER DENYING PARENTS' SECOND MOTION FOR SUMMARY JUDGMENT AND AFFIRMING IN PART AND REMANDING IN PART THE ADMINISTRATIVE DECISION ALAN C. KAY, Senior District Judge. BACKGROUND I. Legal Background The Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. 1400, et seq., was enacted by Congress to, among other things, "ensure that all children with disabilities have available to them a free appropriate public education [("FAPE") ] that emphasizes special education and related...
ORDER GRANTING DEFENDANT WELLS FARGO BANK, N.A.'S MOTION TO DISMISS J. MICHAEL SEABRIGHT, District Judge. I. INTRODUCTION This action arises from a March 19, 2009 mortgage transaction in which Plaintiffs Ronald Alan Klohs and Donna Lee McGarrity ("Plaintiffs") borrowed $450,000 from Defendant Well Fargo Bank, N.A., ("Wells Fargo"), secured by a promissory note and mortgage on real property located at 340 Ilimano Street, Kailua, Hawaii 96734 (the "subject property"). After the...
ORDER GRANTING DEFENDANT PATRICK R. DONAHOE'S MOTION FOR DISMISSAL AND SUMMARY JUDGMENT SUSAN OKI MOLLWAY, Chief Judge. I. INTRODUCTION. Plaintiff Kurt Daniels alleges that his employer, the United States Postal Service, discriminated against him in violation of Title VII, 42 U.S.C. 2000e-2000e-17, and 42 U.S.C. 1981, 1981a. 1 Daniels is an African-American male who complains that he was denied a promotion but nonetheless required to perform the job duties of the position he had...
ORDER DENYING PLAINTIFF RICHARD KAPELA DAVIS'S AND PLAINTIFF JAMES KANE III'S MOTION FOR PRELIMINARY INJUNCTION LESLIE E. KOBAYASHI, District Judge. Before the Court is Plaintiff Richard Kapela Davis's and Plaintiff James Kane III's (collectively "Moving Plaintiffs") Motion for Preliminary Injunction ("Motion"), filed on April 26, 2012. [Dkt. no. 75.] Defendants Neil Abercrombie, in his official capacity as the Governor of the State of Hawaii, Jodie Maesaka-Hirata, in her official capacity...
J. MICHAEL SEABRIGHT, District Judge, KEVIN S.C. CHANG, Judge. ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION Findings and Recommendation having been filed and served on all parties on August 24, 2012, 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 Enter Default Judgment And Award Damages Against Defendant Forward...
ORDER DENYING DEFENDANT KENNETH SCOTT GORDON'S MOTIONS TO SUPPRESS J. MICHAEL SEABRIGHT, District Judge. I. INTRODUCTION On May 18, 2011, Defendant Kenneth Scott Gordon ("Gordon") was indicted along with two co-Defendants for conspiracy to distribute, and possession with intent to distribute, methamphetamine in violation of 21 U.S.C. 846, 841(a)(1), & 841(b)(1)(A). Gordon now moves to suppress evidence seized from a black bag he was carrying when he was arrested on May 14, 2011, and...
ORDER DENYING DEFENDANT/COUNTERCLAIM PLAINTIFF JOEL LEE TAYLOR'S MOTION FOR PARTIAL SUMMARY JUDGMENT; DENYING PLAINTIFF ASSOCIATION OF APARTMENT OWNERS OF LILIUOKALANI GARDENS AT WAIKIKI'S MOTION FOR PARTIAL SUMMARY JUDGMENT; AND DENYING JOINDER IN MOTION FOR PARTIAL SUMMARY JUDGMENT BY COUNTERCLAIM DEFENDANT ASSOCIATION OF APARTMENT OWNERS OF LILIUOKALANI GARDENS AT WAIKIKI LESLIE E. KOBAYASHI, District Judge. Before the Court is Defendant/Counterclaim Plaintiff Joel Lee Taylor's ("Taylor")...
ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT LESLIE E. KOBAYASHI, District Judge. Before the Court is Plaintiff Evanston Insurance Company's ("Evanston") Motion for Summary Judgment ("Motion"), filed on March 29, 2012. Defendants Eric Nagano, Hiroko Nagano, PMX, Inc. ("PMX"), and HC Builders LLC ("HC", all collectively "Defendants") filed their memorandum in opposition on June 29, 2012, and Evanston filed its reply on July 9, 2012. This matter came on for hearing on July 23, 2012....
ORDER DENYING DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT ON THE ISSUE OF QUALIFIED IMMUNITY FOR INDIVIDUAL DEFENDANTS AND GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ON TIME-BARRED CLAIMS LESLIE E. KOBAYASHI, District Judge. On January 11, 2012, Defendants the County of Maui ("the County"), Benjamin M. Acob, in his individual capacity ("Defendant Acob"), and Timothy T. Tate, in his individual capacity ("Defendant Tate", all collectively, "Defendants")...
ORDER DENYING PLAINTIFFS' MOTION TO REMAND TO STATE COURT LESLIE E. KOBAYASHI, District Judge. Before the Court is Plaintiffs Robert Poffenbarger's and Clareen Poffenbarger's ("Plaintiffs") Motion to Remand to State Court ("Motion"), filed on April 27, 2012. Defendants Hawaii Management Alliance Association, doing business as HMAA, a Hawaii Nonprofit Corporation ("HMAA"), and Hawaii-Western Management Group, Inc., doing business as HWMG, a Foreign Profit Corporation ("HWMG", collectively "...
