ORDER DENYING PLAINTIFFS' MOTION TO RECONSIDER COURT'S SEPTEMBER 20, 2017 ORDER LESLIE E. KOBAYASHI , District Judge . On September 20, 2017, this Court issued the Order: (1) Granting the City's Motion for Summary Judgment; (2) Denying Plaintiffs' Motion for Summary Judgment; (3) Denying the City's Motion to Strike as Moot; (4) Denying Plaintiffs' Motion for Injunctive Relief as Moot; and (5) Granting HUD's Second Motion to Dismiss ("9/20/17 Order"). [Dkt. no. 143.] On October 5, 2017,...
ORDER TO ADOPT MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION DERRICK K. WATSON , District Judge . Findings and Recommendation having been filed and served on all parties on December 06, 2017, 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 Recommendations to Grant Plaintiff's Motion for Entry of Default Judgment Against Defendant Robert J. Corral"...
FINDINGS AND RECOMMENDATION TO GRANT PLAINTIFF'S MOTION FOR ENTRY OF DEFAULT JUDGMENT AGAINST DEFENDANT ROBERT J. CORRAL KEVIN S.C. CHANG , Magistrate Judge . FINDINGS AND RECOMMENDATION TO GRANT PLAINTIFF'S MOTION FOR ENTRY OF DEFAULT JUDGMENT AGAINST DEFENDANT ROBERT J. CORRAL On February 7, 2017, Trustees of the Health and Welfare Fund of the Hawaii Carpenters Trust Funds ("HCTF") filed a Complaint against Robert J. Corral. Jurisdiction of this Court is based on the Labor-Management...
ORDER OVERRULING PLAINTIFF'S OBJECTIONS TO THE MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION (ECF No. 38) and ADOPTING THE MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION TO GRANT IN PART AND DENY IN PART DEFENDANT AMERICAN SAVINGS BANK, F.S.B.'S MOTION FOR RULE 41(d) COSTS AND STAY OF PROCEEDINGS (ECF No. 36) HELEN GILLMOR , District Judge . On February 21, 2017, Plaintiff Craig Moskowitz, on behalf of himself and others similarly situated, filed a lawsuit in the United States District...
ORDER GRANTING MOTION TO DISMISS SUSAN OKI MOLLWAY , District Judge . I. INTRODUCTION. This case arises out of a lease dispute at the Kalaeloa Airport on Oahu, Hawaii. Plaintiff Timothy Cislo asserts claims under 42 U.S.C. 1983 for violations of his equal protection and due process rights (Count I), as well as state-law claims of breach of contract—intended third party beneficiary (Count II), negligent misrepresentation (Count III), breach of contract— revocable permit (Count IV), and...
ORDER DENYING DEFENDANT MICHAEL PATRAKIS' MOTION TO SUPPRESS EVIDENCE, FILED APRIL 20, 2017 [DKT. NO. 53] Leslie E. Kobayashi , United States District Judge . The evolution of technology gives rise, in this particular case, to the question of whether a third-party's access to a defendant's personal home surveillance system stored in the cloud (that is, where managed remotely and made available to users over the internet) 1 requires law enforcement first to obtain a search warrant before...
ORDER GRANTING PLAINTIFF'S MOTION FOR RECONSIDERATION (ECF No. 57) OF ORDER ADOPTING, AS MODIFIED, THE MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION. HELEN GILLMOR , District Judge . On October 30, 2017, the Court issued an ORDER ADOPTING, AS MODIFIED, THE MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION TO PARTIALLY GRANT PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT AGAINST DEFENDANT STANLEY SZERLIP (ECF No. 54) and DENYING PLAINTIFF'S WRITTEN OBJECTION (ECF No. 55). (ECF No. 56). On October...
ORDER GRANTING PETITIONER RUBEN SETTLE'S MOTION TO DISMISS HIS OWN 28 U.S.C. 2255 MOTION WITHOUT PREJUDICE SUSAN OKI MOLLWAY , Chief District Judge . Petitioner Ruben Settle has moved for relief under 28 U.S.C. 2255. This court ordered him to show cause why his motion should not be dismissed as untimely. Instead of making the required showing, Settle filed a Motion To Dismiss Without Prejudice, asking that this court "issue an order dismissing this motion that is not in front of this...
ORDER DENYING DEFENDANT'S MOTION UNDER 28 U.S.C. 2255 TO VACATE, SET ASIDE, OR CORRECT SENTENCE BY A PERSON IN FEDERAL CUSTODY; DENYING DEFENDANT'S MOTION FOR A TEMPORARY STAY OF REMOVAL; AND ISSUING A CERTIFICATE OF APPEALABILITY SUSAN OKI MOLLWAY , District Judge . I. INTRODUCTION. In 2013, Petitioner Nganatafafu Aholelei, a citizen of Tonga and a lawful permanent resident of the United States, pled guilty pursuant to a plea agreement to possessing explosives in violation of 18 U.S.C....
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ON ALL CLAIMS DERRICK K. WATSON , District Judge . INTRODUCTION Shortly after 4:00 a.m. on November 1, 2014, four Hawaii County Police Department Officers responded to a 911 call from Linda Leong, who reported that her ex-boyfriend, Jonathan Kimo Santiago, was banging on the walls of her home and yelling at her to "open up." Leong called 911 because she "could tell that Santiago was drunk" and had crashed...
ORDER STRIKING PLAINTIFFS' TRESPASS CLAIM LESLIE E. KOBAYASHI , District Judge . On September 14, 2016, Plaintiffs Kenneth Lake, Crystal Lake, Harold Bean, Melinda Bean, Kyle Pahona, Estel Pahona, Timothy Moseley, Ashley Moseley, Ryan Wilson, and Heather Wilson ("Plaintiffs") filed their Complaint in state court. Defendants Ohana Military Communities, LLC ("Ohana") and Forest City Residential Management, LLC ("Forest City" and collectively, "Defendants") filed their Notice of Removal on...
ORDER DENYING DEFENDANT'S MOTION FOR RECONSIDERATION OF COURT ORDER DENYING MOTION FOR RELEASE PENDING REVIEW LESLIE E. KOBAYASHI , District Judge . On August 15, 2017, this Court issued the Order Denying Petitioner's Motion for Release Pending Review ("8/15/17 Order"). [Dkt. no. 112.] Before the Court is Defendant/Petitioner Sherryanne L. Christie's ("Christie") motion for reconsideration of the 8/15/17 Order ("Motion for Reconsideration"), filed on September 15, 2017. [Dkt. no. 116.]...
ORDER (1) DENYING DEFENDANT-PETITIONER'S MOTION TO RELIEVE PETITIONER FROM FINAL JUDGMENT PURSUANT TO RULE 60(b), ECF NO. 160; AND (2) REFERRING MOTION TO NINTH CIRCUIT COURT OF APPEALS J. MICHAEL SEABRIGHT , District Judge . I. BACKGROUND On July 11, 2016, pro se Defendant-Petitioner Uiki Teaupa ("Teaupa") filed a motion under 28 U.S.C. 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (" 2255 Motion"). ECF No. 145. 1 Teaupa argued that he was...
ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION DERRICK K. WATSON , District Judge . Findings and Recommendation having been filed on November 29, 2017 and served on all parties on November 30, 2017, 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 Recommendations to Grant Plaintiff's Motion to Strike "Answer to Complaint Affidavit;...
FINDINGS AND RECOMMENDATIONS TO GRANT PLAINTIFF'S MOTION TO STRIKE "ANSWER TO COMPLAINT AFFIDAVIT; AFFIDAVIT OF NEGATIVE AVERMENT" OF DEFENDANT LEN C. PERRY 1 RICHARD L. PUGLISI , Magistrate Judge . Before the Court is Plaintiff's Motion to Strike "Answer to Complaint Affidavit; Affidavit of Negative Averment" of Defendant Len C. Perry, filed on October 31, 2017 ("Motion"). ECF No. 36. Defendant Len C. Perry did not file an opposition or other response to the Motion. See ECF No. 42. The...
ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION LESLIE E. KOBAYASHI , District Judge . Findings and Recommendation having been filed and served on all parties on October 18, 2017, 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 In Part And Deny In Part Defendants' Motion For An Award Of Attorneys' Fees And Non-...
SUPPLEMENT TO ORDER REGARDING NEW CIVIL INTERPLEADER ACTION SUSAN OKI MOLLWAY , District Judge . This court supplements its Order Regarding New Civil Interpleader Action in four respects. First, this court clarifies its treatment of Exhibits 6, 7, and 8 of The Order Regarding New Civil Interpleader Action. To the extent Defendant Baron McCullough allows Exhibit 2 (attached to the Order Regarding New Civil Interpleader Action) to serve as his response to the Complaint, this court deems...
ORDER GRANTING MOTIONS TO DISMISS DERRICK K. WATSON , District Judge . INTRODUCTION Plaintiffs Thomas Michael Burke and Elizabeth Braxton Burke, proceeding pro se, bring numerous claims against various lenders, loan servicers, and the foreclosing mortgagee under the Truth in Lending Act, 15 U.S.C. 1601 et seq. ("TILA"), the Real Estate Settlement Procedures Act, 12 U.S.C. 2601 et seq. ("RESPA"), and 12 C.F.R. Part 226 ("Regulation Z"). The Court previously dismissed the Burkes'...
ORDER REGARDING NEW CIVIL INTERPLEADER ACTION; EXHIBITS 1-8 SUSAN OKI MOLLWAY , District Judge . ORDER REGARDING NEW CIVIL INTERPLEADER ACTION This legal action commenced on December 13, 2017, in the course of a hearing before this court. The hearing was held in the context of United States v. Shimabukuro, Crim. No. 03-00560(4), a case in which a United States Probation Officer seized items from Defendant Wallace Shimabukuro as evidence of a suspected violation of a condition of...
ORDER GRANTING IN PART DEFENDANTS NEXTERA ENERGY, INC.'S AND HAMAKUA ENERGY PARTNERS, L.P.'S MOTIONS TO DISMISS, ECF NOS. 73 & 95, WITH LEAVE TO AMEND J. MICHAEL SEABRIGHT , Chief District Judge . I. INTRODUCTION Plaintiff Hu Honua Bioenergy, LLC ("Hu Honua") contracted with Defendant Hawaii Electric Light Company, Inc. ("HELCO") to build an independent power plant run on biomass to supply energy to HELCO on the Big Island of Hawaii. Given problems with the construction contractor...
