FINDINGS AND RECOMMENDATION TO DENY PLAINTIFF'S MOTION FOR ENTRY OF DEFAULT JUDGMENT AND TO DISMISS THIS ACTION WITHOUT PREJUDICE WES REBER PORTER , Magistrate Judge . Before the Court is Plaintiff Shirley Onishi, LLC's Motion for Entry of Default Judgment against Defendant Donald Keith Reeves, filed on October 15, 2019 (Motion). See ECF No. 25. The Court found the Motion suitable for disposition without a hearing pursuant to Rule 7.1(c) of the Local Rules of Practice of the United...
ORDER (1) GRANTING DEFENDANT'S MOTION TO DISMISS, AND (2) DISMISSING THE COMPLAINT WITHOUT DERRICK K. WATSON , District Judge . This is a dispute about available parking spaces in a shared parking lot. Defendant has moved pursuant to Fed.R.Civ.P. 12(b)(1) to dismiss this action for lack of subject matter jurisdiction, contending that: (1) Plaintiffs claims must be resolved in arbitration; and (2) the Court has neither diversity nor federal question jurisdiction over this case. Dkt. No. 10....
ORDER DENYING PLAINTIFFS' MOTION FOR CLASS CERTIFICATION LESLIE E. KOBAYASHI , District Judge . On May 3, 2019, Plaintiffs A.B., by her parents and next friends, C.B. and D.B.; and T.T., by her parents and next friends, K.T. and S.T. ("Plaintiffs"), filed their Motion for Class Certification ("Motion"). [Dkt. no. 59.] Defendant Oahu Interscholastic Association ("OIA") filed a memorandum in opposition ("OIA Opposition") on August 29, 2019 and Defendant Hawaii State Department of Education (...
ORDER DENYING PLAINTIFFS' RENEWED APPLICATION FOR ENTRY OF TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION LESLIE E. KOBAYASHI , District Judge . On August 16, 2019, Plaintiffs Venice PI, LLC; Headhunter LLC; MON LLC; Millennium Funding, Inc.; TBV Productions, LLC; Cook Productions, LLC; Glacier Films 1, LLC; Colossal Movie Productions, LLC; Clear Skies Nevada, LLC; Bodyguard Productions, Inc.; I.T. Productions, LLC; Cobbler Nevada, LLC; and Justice Everywhere Productions, Inc. ("...
ORDER DENYING THEATINE FATHERS' MOTION TO DISMISS AND GRANTING ARCHDIOCESE FOR THE MILITARY SERVICES, USA'S MOTION TO DISMISS JILL A. OTAKE , District Judge . Plaintiffs Michael Croyle ("Michael"), his legal guardian and mother Sandra Croyle ("Sandra"), and his father David Croyle ("David") bring claims against Defendants Theatine Fathers, Inc. and The Theatine Fathers Province of Our Lady of Purity (collectively, the "Theatines"), as well as Defendant Archdiocese for the Military Services,...
ORDER GRANTING JOSEPHINE SALAS'S REQUEST FOR LEAVE TO FILE A MOTION TO SUBSTITUTE AS PLAINTIFF (ECF No. 33) HELEN GILLMOR , District Judge . Carlos Lopes-Salas, Jr. filed a Complaint alleging both federal and state rights were violated by Honolulu Police Department Officer Tyler Parson and the City and County of Honolulu. Mr. Lopes-Salas, Jr. subsequently died. Josephine Salas, Mr. Lopes-Salas, Jr.'s mother and personal representative, seeks to substitute herself as Plaintiff in this...
ORDER GRANTING DEFENDANTS COUNTY OF HAWAII AND SAMUEL JELSMA'S MOTION FOR SUMMARY JUDGMENT ALAN C. KAY , Senior District Judge . This case arises from a 2017 incident involving retired police officer Plaintiff John Rodrigues, Jr. ("Plaintiff") and officers of the Hawai`i County Police Department ("HCPD") that ultimately led to Plaintiff's arrest. Plaintiff brought this lawsuit against the County of Hawai`i (the "County") and Major (formerly, Captain) Samuel Jelsma ("Defendant Jelsma,"...
ORDER DISMISSING WITHOUT PREJUDICE DEFENDANT FOUR SEASONS HOTELS LIMITED; ORDER REQUIRING DEFENDANT HUALALAI INVESTORS, LLC TO PROVIDE CERTAIN INFORMATION TO PLAINTIFFS; AND SECOND ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE DISMISSED WITHOUT PREJUDICE JILL A. OTAKE , District Judge . On December 6, 2019, Plaintiffs Ichiro Enomoto, in his individual capacity and as next of friend for Ryoichi Enomoto, a minor, and Yuriko Enomoto, in her individual capacity ("Plaintiffs"), filed a...
ORDER AFFIRMING THE MAGISTRATE JUDGE'S ORDER DENYING IN PART DEFENDANTS' MOTION TO DISQUALIFY PLAINTIFFS' COUNSEL Derrick K. Watson , United States District Judge . The instant action was brought under Hawaii law and the Racketeer Influenced and Corrupt Organizations Act (RICO or Act), 18 U.S.C. 1961 et seq., by a group of more than fifty Plaintiffs, alleging they were fraudulently induced to settle their asbestos claims by virtue of Cleaver-Brooks, Inc. and its national coordinating...
ORDER AFFIRMING BANKRUPTCY COURT Bankr. No. 14-01475 Bankr. No. 14-01520 DERRICK K. WATSON , District Judge . In these consolidated appeals, Appellant Chad Barry Barnes appeals the orders of the U.S. Bankruptcy Court for the District of Hawai`i (1) denying Barnes' motion to stay discharge and lift protective order and (2) discharging Appellee Kristin Kimo Henry. 1 Although Barnes was directed to clearly identify the issues being appealed and provide legal support for the purported...
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS JILL A. OTAKE , District Judge . This action concerns Defendants William ("William") and Denise ("Denise") Lefkowitz's (collectively "Defendants") alleged defamation, threats, and verbal abuse against Plaintiff Danielle Hamilton ("Plaintiff") on Facebook and Our Family Wizard ("OFW"). 1 Defendants move to dismiss part of the First Amended Complaint ("FAC"): Plaintiff's defamation claim on the basis of qualified...
ORDER DENYING PLAINTIFFS' MOTION FOR RELIEF FROM JUDGMENT LESLIE E. KOBAYASHI , District Judge . On July 31, 2019, Plaintiffs Evan Auld-Susott, as Trustee for (1) Irrevocable Life Insurance Trust of John L. Susott and Kathryn C. Susott UAD 8/17/1988 as Restated, Exempt Trust FBO Daniel C. Susott, and (2) Irrevocable Life Insurance Trust of John L. Susott and Kathryn C. Susott UAD 8/17/1988 as Restated, Non-Exempt Trust FBO Daniel C. Susott; and John L. Susott (collectively "Plaintiffs")...
ORDER DENYING MOTION TO SUBPOENA FOR PRETRIAL MOTIONS HEARINGS, ECF NO. 352 J. MICHAEL SEABRIGHT , Chief District Judge . I. INTRODUCTION On November 21, 2019, pro se Defendant Leihinahina Sullivan ("Defendant") filed a "Motion to Subpoena For Pretrial Motions Hearings; Grand Jury Testimony Printed Out no access to printer to provide defense for myself, violation 8th Amend" ("Motion"). ECF No. 352. On December 5, 2019, the Government filed a Response. ECF No. 412. For the reasons...
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS FOR VIOLATION OF THE SPEEDY TRIAL ACT, ECF NO. 255 J. MICHAEL SEABRIGHT , Chief District Judge . I. INTRODUCTION Defendant Leihinahina Sullivan ("Defendant") moves to dismiss all charges against her based on alleged violation of the Speedy Trial Act ("STA"), 18 U.S.C. 3161, et seq. ECF No. 255 (the "Motion"). For the reasons discussed below, the Motion is GRANTED in part and DENIED in part. There is no STA...
ORDER GRANTING DEFENDANTS' MOTIONS TO DISMISS Alan C. Kay, Sr. , United States District Judge . For the reasons discussed below, the Court GRANTS Defendant the City and County of Honolulu's Motion to Dismiss, ECF No. 13, and GRANTS Defendant Scott Nielson's Motion to Dismiss, ECF No. 16. FACTUAL BACKGROUND This case arises from an encounter between Plaintiff David Reno ("Plaintiff") and Defendant Scott Nielson ("Defendant Nielson"). ECF No. 1 ("Compl."). The following facts are...
ORDER JILL A. OTAKE , District Judge . On November 15, 2016 in a Chapter 13 bankruptcy case filed by debtor-appellee, Kristin Kimo Henry ("Henry"), Case No. 14-01475, the United States Bankruptcy Court for the District of Hawaii ("bankruptcy court") filed an Order Approving Sale of Boat and Trailer and Obligation of Debtor as Guarantor ("Bankruptcy Order"). ECF No. 1-3. Appellant Chad Barry Barnes ("Barnes"), one of Henry's creditors, appeals the Bankruptcy Order. See ECF Nos. 1, 2....
ORDER ADOPTING IN PART AND MODIFYING IN PART MAGISTRATE JUDGE FINDINGS AND RECOMMENDATION SUSAN OKI MOLLWAY , District Judge . I. INTRODUCTION. This certified class action, originally filed in 2010, concerns whether the State of Hawaii Department of Education ("DOE") wrongfully denied services under the Individuals with Disabilities Education Act ("IDEA") to individuals that the DOE viewed as having "aged out" of being eligible to receive services. This matter was settled, with the DOE...
FINDINGS AND RECOMMENDATION TO DENY WITHOUT PREJUDICE PLAINTIFF CLASS'S APPLICATION FOR INTERIM ATTORNEYS' FEES ROM A. TRADER , Magistrate Judge . FINDINGS AND RECOMMENDATION TO DENY WITHOUT PREJUDICE PLAINTIFF CLASS'S APPLICATION FOR INTERIM ATTORNEYS' FEES On August 30, 2019, Plaintiff class representative E.R.K., by his legal guardian R.K., and R.T.D., through his parents R.D. and M.D., and Plaintiff Hawaii Disability Rights Center, in a representative capacity on behalf of its client...
ORDER DISMISSING ACTION JILL A. OTAKE , District Judge . Plaintiffs Marcelino Mendoza Aquino and Jeanette Donia Aquino ("Plaintiffs") commenced this action on July 22, 2019. On November 6, 2019, the Court issued an ORDER GRANTING DEFENDANTS' MOTIONS TO DISMISS. ECF No. 37. The Court dismissed the action because Plaintiffs failed to state a claim upon which relief could be granted. See id. The Court granted Plaintiffs leave to file an amended complaint by December 6, 2019. Id. at 13....
ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE DISMISSED WITHOUT PREJUDICE JILL A. OTAKE , District Judge . On December 6, 2019, Plaintiffs Ichiro Enomoto, in his individual capacity and as next of friend for Ryoichi Enomoto, a minor, and Yuriko Enomoto, in her individual capacity ("Plaintiffs"), filed a Complaint, ECF No. 1, asserting diversity jurisdiction as the basis for subject matter jurisdiction in this action. Compl. 8. "Courts have an independent obligation to determine...
