FINDINGS AND RECOMMENDATION GRANTING PLAINTIFF UNITED STATES FIRE INSURANCE COMPANY'S MOTION FOR DEFAULT JUDGMENT ONLY AS TO ROMEO RAMIRO KENNETH J. MANSFIELD , Magistrate Judge . Before this Court is Plaintiff UNITED STATES FIRE INSURANCE COMPANY'S ("U.S. Fire") Motion for Default Judgment. Said Motion came on for hearing on November 29, 2018 at 10:00 a.m., with Jennifer C. Clark appearing on behalf of Plaintiff U.S. Fire and Bradford F.K. Bliss appearing on behalf of Defendant Siu's...
FINDINGS AND RECOMMENDATION TO ENTER DEFAULT JUDGMENT AND AWARD DAMAGES AGAINST FIRST PACIFIC BUILDERS, LLC KEVIN S.C. CHANG , Magistrate Judge . On September 27, 2018, Trustees of the Hawaii Carpenters Trust Funds ("HCTF") filed a Complaint against First Pacific Builders, LLC. Jurisdiction of this Court is based on the Labor-Management Relations Act, 1947, as amended, the Employee Retirement Income Security Act of 1974 and the Multiemployer Pension Plan Amendments Act of 1980, as...
ORDER GRANTING IN PART AND DENYING IN PART: PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT; DEFENDANT AOAO'S MOTION FOR SUMMARY JUDGMENT; AND DEFENDANT CHOW'S MOTION FOR SUMMARY JUDGMENT LESLIE E. KOBAYASHI , District Judge . Before the Court are: Plaintiffs Rudy Akoni Galima and Roxana Beatriz Galima's ("Plaintiffs") Motion for Partial Summary Judgment on Counts I and II (Wrongful Foreclosure and Violation of the Fair Debt Collection Practices Act) ("Plaintiffs' Motion"), filed on...
ORDER DENYING PETITION UNDER 28 U.S.C. 2255; ORDER DENYING REQUEST FOR AN EVIDENTIARY HEARING; ORDER DENYING CERTIFICATE OF APPEALABILITY SUSAN OKI MOLLWAY , Chief District Judge . I. INTRODUCTION. On February 1, 2012, a jury convicted Defendant Ramiro Hernandez of three drug crimes. See Verdict, Feb. 1, 2012, ECF No. 397. Hernandez's crimes included: 1) conspiring to distribute or possess with intent to distribute more than 500 grams of a mixture or substance containing a detectable...
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT KIRSTJEN M. NIELSEN'S MOTION TO DISMISS ALAN C. KAY , District Judge . For the reasons set forth below, the Court GRANTS IN PART AND DENIES IN PART Defendant Kirstjen M. Nielsen's Motion to Dismiss for Lack of Subject-Matter Jurisdiction, ECF No. 15. Plaintiff's Rehabilitation Act claims are DISMISSED WITH PREJUDICE; the Court declines to dismiss Plaintiff's Title VII claims; and Defendant Transportation Security Administration is...
ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR ATTORNEYS' FEES (ECF No. 53), AS MODIFIED HELEN GILLMOR , District Judge . Findings and Recommendation having been filed and served on all parties on December 4, 2018, 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...
ORDER DENYING PLAINTIFF'S APPEAL AND AFFIRMING THE ADMINISTRATIVE LAW JUDGE'S OCTOBER 20, 2016 DECISION LESLIE E. KOBAYASHI , District Judge . Before the Court is Plaintiff Coleen Colunga's ("Plaintiff") Amended Complaint for Review of Social Security Disability and Supplemental Security Income Benefits Determinations ("Amended Complaint"), filed on March 6, 2018, in which she appeals from Administrative Law Judge Kyle Andeer's ("ALJ") October 20, 2016 Decision ("Appeal"). 1 [Dkt. No. 6.]...
ORDER DENYING MOTION UNDER 28 U.S.C. 2255 TO VACATE, SET ASIDE, OR CORRECT SENTENCE BY A PERSON IN FEDERAL CUSTODY AND DENYING A CERTIFICATE OF APPEALABILITY LESLIE E. KOBAYASHI , District Judge . Before the Court is Defendant/Petitioner Peter Malivao's ("Malivao") Motion under 28 U.S.C. 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (" 2255 Motion"). [Dkt. no. 152.] On August 14, 2017, Malivao filed a supplemental declaration in support of the 2255...
ORDER: DENYING DEFENDANT MICHAEL CONTRADES'S MOTION TO DISMISS PLAINTIFF'S THIRD AMENDED COMPLAINT FILED HEREIN ON AUGUST 31, 2018; DENYING THE COUNTY DEFENDANTS' JOINDER OF SIMPLE AGREEMENT; AND GRANTING DEFENDANT ROY ASHER'S SUBSTANTIVE JOINDER LESLIE E. KOBAYASHI , District Judge . On September 14, 2018, Defendant Michael Contrades ("Contrades"), in his individual capacity, filed his Motion to Dismiss Plaintiff's Third Amended Complaint Filed Herein on August 31, 2018 ("Contrades...
ORDER DENYING PLAINTIFF'S APPEAL AND AFFIRMING THE MAGISTRATE JUDGE'S SEPTEMBER 26, 2018 ORDER DENYING PLAINTIFF'S MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT LESLIE E. KOBAYASHI , District Judge . On September 26, 2018, the magistrate judge issued an Order Granting in Part and Denying in Part Plaintiff's Motion for Leave to File First Amended Complaint ("9/26/18 Order"). [Dkt. no. 69.] On October 10, 2018, Plaintiff Julie M. Sigwart, individually and as Trustee of the Revocable...
ORDER DENYING DEFENDANT'S MOTION TO COMPEL ARBITRATION ALAN C. KAY , District Judge . For the reasons set forth below, the Court DENIES Defendant Hawaiian Telcom, Inc.'s Motion to Compel Arbitration, ECF No. 54. BACKGROUND Only those facts pertinent to the resolution of the instant Motion are set forth herein. On August 15, 2017, Plaintiff Saeed Khosravi-Babadi ("Plaintiff") filed a Complaint against Hawaiian Telcom, Inc. ("Defendant"), as well as Hawaiian Telcom Communications, Inc.,...
ORDER DENYING PLAINTIFFS' OBJECTIONS AND AFFIRMING THE MAGISTRATE JUDGE'S (1) ORDER DENYING PLAINTIFFS LEONARD G. HOROWITZ AND SHERRI KANE'S MOTION FOR LEAVE TO FILE PROPOSED SECOND AMENDED COMPLAINT FOR DAMAGES AND OTHER RELIEF [FRCP 15(A)(2)]; (2) FINDING AND RECOMMENDATION TO DISMISS THIS ACTION WITH PREJUDICE LESLIE E. KOBAYASHI , District Judge . On May 3, 2018, the magistrate judge filed his (1) Order Denying Plaintiffs Leonard G. Horowitz and Sherri Kane's Motion for Leave to File...
ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION ALAN C. KAY , District Judge . On October 23, 2018, Defendants County of Kauai, Kauai Police Department, Darryl D. Perry, Isaiah Sarsona, and Sandy Wakumoto (collectively "the County Defendants") filed a Motion for Determination of Good Faith Settlement. ECF No. 314. The Motion sought Court approval of the confidential settlement reached between Plaintiff Cameron Raymond ("Plaintiff") and the County Defendants pursuant to...
FINDINGS AND RECOMMENDATION TO GRANT MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT 1 RICHARD L. PUGLISI , Magistrate Judge . Before the Court is Defendants County of Kauai, Kauai Police Department, Darryl D. Perry, Isaiah Sarsona, Sandy Wakumoto's (collectively "the County Defendants") Motion for Determination of Good Faith Settlement, filed on October 23, 2018 ("Motion"). ECF No. 314. The Motion seeks approval of the confidential settlement between Plaintiff and the County...
ORDER MODIFYING AND ADOPTING AS MODIFIED THE MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATIONS REGARDING ATTORNEYS' FEES AND COSTS SUSAN OKI MOLLWAY , District Judge . I. INTRODUCTION. Plaintiff Bridge Aina Le`a ("Bridge") and Defendant State of Hawaii Land Use Commission (the "LUC") have filed separate objections to the Magistrate Judge's Findings & Recommendations ("F&R") to grant in part and deny in part Plaintiff Bridge's Motion for Attorneys' Fees and Costs. See ECF Nos. 428, 429,...
ORDER ALAN C. KAY , Senior District Judge . For the reasons set forth below, the Court (1) determines the amount of principal, interest and penalties on Defendant Ronald B. Staton's tax liabilities owed to Plaintiff United States; (2) determines the amount of principal, interest and costs owing to the Lender Defendants under the Statons' mortgage; (3) approves the Commissioner's Request for additional commissioner fees and costs, as modified herein; (4) determines the amount of proceeds...
ORDER DENYING MOTION FOR TEMPORARY RESTRAINING ORDER DERRICK K. WATSON , District Judge . INTRODUCTION On September 17, 2018, Plaintiff DLMC, Inc., dba Kama'aina Health Care Services (DLMC), initiated this action against Benedicta Flores and Loving Care Health Provider, Inc. (LCHP), alleging claims for violation of the Defend Trade Secrets Act (DTSA), 18 U.S.C. 1836(b)(3), and the Hawai`i Uniform Trade Secrets Act. Complaint, Dkt No. 1 (Compl.). DLMC also filed a Motion for Temporary...
ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION DERRICK K. WATSON , District Judge . Findings and Recommendation having been filed and served on all parties on November 30, 2018, 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 Dismiss This Action Without Prejudice" are adopted as the opinion and order of this Court....
FINDINGS AND RECOMMENDATION TO DISMISS THIS ACTION WITHOUT PREJUDICE 1 RICHARD L. PUGLISI , Magistrate Judge . On November 30, 2018, at 9:30 a.m., a hearing was held on this Court's October 31, 2018 Order to Show Cause directing Plaintiff, pro se, to show cause, if any, why this case should not be dismissed for failure to prosecute this action based on his failure to appear at the Rule 16 Scheduling Conference and failure to file a scheduling conference statement. At the hearing, Joachim...
ORDER DENYING PLAINTIFF'S MOTION FOR RECONSIDERATION OF THE COURT'S ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT DERRICK K. WATSON , District Judge . I. INTRODUCTION Before the Court is pro se Plaintiff Willis C. McAllister's Motion for Reconsideration. ECF No. 400. The Court finds this matter suitable for disposition without a hearing, pursuant to Local Rule 7.2(d). For the reasons discussed below, McAllister's Motion for Reconsideration is DENIED. II. BACKGROUND On...
