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U.S. District Courts - Hawai'i
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Steven DECOSTA In his Representative Capacity as Chairperson of The Board of Trustees of United Public Workders, AFSCME, Local 646, AFL-CIO, Plaintiffs, v. Gary RODRIGUES, Defendant. , D.Hawai'i, November 18, 2009
Andrew D. Stewart, Charles A. Price, James E.T. Koshiba, Koshiba Agena & Kubota, Honolulu, HI, for Plaintiffs. Eric A. Seitz, Lawrence I. Kawasaki, A Law Corporation, Honolulu, HI, for Defendant. ORDER ADOPTING MAGISTRATE'S FINDINGS AND RECOMMENDATION DAVID ALAN EZRA, District Judge. Findings and Recommendation having been filed and served on all parties on October 22, 2009, and no objections having been filed by any party, IT IS HEREBY ORDERED AND ADJUDGED that, pursuant to Title 28,...
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Malama MAKUA, a Hawai'i non-profit corporation, Plaintiff, v. Robert GATES, Secretary of Defense; and John McHugh, Secretary of the United States, Department of the Army, Defendants. , D.Hawai'i, November 18, 2009
David L. Henkin, Isaac H. Moriwake, Earthjustice Legal Defense Fund, Honolulu, HI, for Plaintiff. Edric Ming-Kai Ching, Office of the United States Attorney, Honolulu, HI, William J. Shapiro, Natural Resources Section, Sacramento, CA, for Defendants. ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS SUSAN OKI MOLLWAY, District Judge. I. INTRODUCTION. This case is an offshoot of a complaint originally filed in Civil Number 00-00813 SOM on December 20, 2000. The...
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UNITED STATES of America, Plaintiff, v. Kip CHAMBERLIN, Defendant. , D.Hawai'i, November 17, 2009
Florence T. Nakakuni, United States Attorney, District of Hawaii, Marshall Silverberg, Assistant U.S. Attorney, Honolulu, HI, for Plaintiff. Shanlyn A.S. Park, Assistant Federal Public Defender, for Defendant. ORDER REQUIRING A PSYCHIATRIC OR PSYCHOLOGICAL EXAMINATION OF THE DEFENDANT AND THE PREPARATION OF A REPORT SUSAN OKI MOLLWAY, Chief Judge. On August 8, 2007, the defendant, Kip Chamberlin, was charged in a two- count indictment. On September 19, 2007, Mr. Chamberlin pleaded g...
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Frank O. LOHER, Petitioner, v. Todd THOMAS, Respondent. , D.Hawai'i, November 17, 2009
Frank O. Loher, Eloy, AZ, pro se. Brian R. Vincent, Department of the Prosecuting Attorney, Honolulu, HI, for Respondent. ORDER DISMISSING PETITION SUSAN OKI MOLLWAY, Chief District Judge. On November 3, 2009, the court directed Respondent to file a limited, Preliminary Answer, addressing whether Petitioner has a pending state post- conviction petition challenging the same conviction and sentence as challenged in this Petition. (Doc. # 7, "November 3 POSC.") The court notified Petitioner...
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UNITED STATES of America, Plaintiff, v. Simon Jasper McCARTY, Defendant. , D.Hawai'i, November 17, 2009
Amy K. Olson, Office of the United States Attorney Special Assistant U.S. Attorney, Honolulu, HI, for Plaintiff. William A. Harrison, Harrison & Matsuoka, Honolulu, HI, for Defendant. ORDER GRANTING DEFENDANT'S MOTION TO SUPPRESS J. MICHAEL SEABRIGHT, District Judge. I. INTRODUCTION On August 5, 2008, Defendant Simon Jasper McCarty ("Defendant"), a United Kingdom national, was traveling from Hilo to Honolulu when the Transportation Security Administration ("TSA") found photographs of nake...
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PEACE SOFTWARE, INC., a Delaware Corporation, Plaintiff, v. HAWAIIAN ELECTRIC COMPANY, INC., a Hawaii Corporation, Defendant. , D.Hawai'i, November 17, 2009
Jeannette H. Castagnetti, Margery S. Bronster, Bronster Hoshibata, Attorneys at Law, A Law Corporation, Sunny S.J. Lee, Bronster Hoshibata, Honolulu, HI, Neal J. Stephens, Stephen C. Neal, Cooley Godward Kronish, Palo Alto, CA, for Plaintiff. Glenn T. Melchinger, Alston Hunt Floyd & Ing, Honolulu, HI, for Defendant. ORDER GRANTING IN PART, DENYING IN PART DEFENDANT'S MOTION TO DISMISS AND TO STRIKE PORTIONS OF THE COMPLAINT SUSAN OKI MOLLWAY, Chief District Judge. I. INTRODUCTION. This c...
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G., Parent and Next Friend of K., a Disabled Child, et al., Plaintiffs, v. State of HAWAII, Department of Human Services, et al., Defendants. G., Parent and Next Friend of K., a Disabled Child, et al., Plaintiffs, v. United States Department of , D.Hawai'i, November 16, 2009
ORDER (1) DENYING PLAINTIFFS' MOTION FOR ORDER REQUIRING FEDERAL DEFENDANTS TO SUPPLEMENT THE RECORD AND FILE ADDITIONAL ARGUMENTS OR FOR SUMMARY JUDGMENT BASED ON EXPIRATION DATE OF FEDERAL APPROVAL OF CONTRACTS AND (2) DENYING THE STATE DEFENDANTS' MOTION TO STRIKE PLAINTIFFS' MOTION AS MOOT ALAN C. KAY, SR., District Judge. The Plaintiffs in this case are comprised of aged, blind, and disabled ("ABD") beneficiaries under Hawaii's Medicaid program and some healthcare providers. On November...
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Darlene TOMEL, Plaintiff, v. Dale ROSS, Hawaii County Prosecuting Attorney, Betsy Stuelke, Deputy Public Defender, Judge Elizabeth Strance, Peter Berchani, Public Defender, Governor Linda Lingle, Daniel Kahikina Akaka, Senator, Gene Tanaka, Bradley, D.Hawai'i, November 16, 2009
Darlene Tomel, Lahaina, HI, pro se. ORDER DISMISSING ACTION PURSUANT TO 28 U.S.C. § 1915; EXHIBIT A SUSAN OKI MOLLWAY, Chief Judge. On October 9, 2009, pro se Plaintiff Darlene Tomel, brought this prisoner civil rights action pursuant to 42 U.S.C. § 1983. [FN1] Plaintiff asserts various claims relating to her recent state court criminal proceeding in Hawaii County. Plaintiff's Complaint and action are dismissed with prejudice for failure to state a claim pursuant to 28 U.S.C. §§ 1915A(b...
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David BROWN, Plaintiff, v. State of HAWAII, et al., Defendants. , D.Hawai'i, November 13, 2009
Mark S. Beatty, Tax Business and Da Kine, Kaneohe, HI, for Plaintiff. John M. Cregor, Jr., Nancy Albano, Sonia Faust, William J. Wynhoff, Office of the Attorney General, Dennis K. Ferm, Department of the Attorney General, Honolulu, HI, for Defendants. FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION AS TO PLAINTIFF'S NAGPRA CLAIM ALAN C. KAY, Senior District Judge. This action was initiated on November 11, 2007. Following two rounds of motions to dismiss, on March 12, 2009, Plaintiff D...
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Kenneth K. KAMAHELE, Plaintiff, v. Janet NAPOLITANO, Secretary of The Department of Homeland Security, in her official capacity, Defendant. , D.Hawai'i, November 13, 2009
Becky T. Chestnut, Dayna H. Kamimura-Ching, William C. McCorriston, McCorriston Miller Mukai Mackinnon LLP, Honolulu, HI, for Plaintiff. Rachel S. Moriyama, Office of the United States Attorney, Honolulu, HI, for Defendant. ORDER VACATING THE DECISION OF THE MERIT SYSTEM PROTECTION BOARD AND REMANDING THE MATTER FOR FURTHER CONSIDERATION DAVID ALAN EZRA, District Judge. On November 9, 2009, the Court heard Plaintiff's appeal from the decision of the Merit System Protection Board ("MSPB")...
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Koshiro KITAZATO; Yoshikimi Komoda; Toshihiko Ikenaga; and Society to Protect Diamond Hawaii, Plaintiffs, v. BLACK DIAMOND HOSPITALITY INVESTMENTS, LLC; Diamond Society Company, Ltd.; Diamond Resort Corporation; Diamond Resort Hawaii Corporation; D, D.Hawai'i, November 13, 2009
ORDER: (1)ADOPTING IN PART AND MODIFYING IN PART THE MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION TO GRANT PLAINTIFFS' MOTION TO REMAND TO STATE COURT; AND (2) GRANTING IN PART AND DENYING IN PART REMOVING DEFENDANTS' OBJECTION TO THE MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION DAVID ALAN EZRA, District Judge. Pursuant to Local Rule 7.2(d), the Court finds this matter suitable for disposition without a hearing. After reviewing Diamond Resort Hawaii Corporation, Janic Corporation and Diam...
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JJCO, INC., dba Jackson Isuzu, a Hawaii Corporation, Plaintiff, v. ISUZU MOTORS AMERICA, INC., a Michigan Corporation; Isuzu Motors America, LLC, a California Limited Liability Company; John Does 1-10; Jane Does 1-10; Doe Corporations 1-10; Doe Gov, D.Hawai'i, November 12, 2009
ORDER AFFIRMING MAGISTRATE JUDGE'S ORDER DENYING IN PART PLAINTIFF'S MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT SUSAN OKI MOLLWAY, Chief Judge. I. INTRODUCTION. Plaintiff JJCO, Inc., challenges Magistrate Judge Leslie E. Kobayashi's order denying JJCO leave to file an amended Complaint to add a Japan corporation as a defendant. This court affirms the Magistrate Judge's order. II. BACKGROUND. This court's previous order gives the history of this case. See JJCO, Inc. v. Isuzu Motors Am., ...
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Peter SKAANING, Plaintiff, v. Thomas SORENSEN, individually and as trustee for the Sorensen Family Living Trust; The Sorensen Family Living Trust; Inspiration Hawaii, Inc.; Inspiration International, LLC; TPS, LLC; HDC Properties, LLC; and KTS Prop, D.Hawai'i, November 10, 2009
Jerry M. Hiatt, The Law Offices of Jerry M. Hiatt, Kamuela, HI, Lyle M. Ishida, Michael D. Tom, David R. Harada-Stone, Tom Petrus & Miller LLLC, Honolulu, HI, for Plaintiff. Barry A. Sullivan, James J. Bickerton, Nadine Y. Ando, Bickerton Lee Dang & Sullivan, Honolulu, HI, for Defendants. ORDER (1) GRANTING DEFENDANTS' MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION, AND (2) DENYING AS MOOT PLAINTIFF'S MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT DAVID ALAN EZRA, District Jud...
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Lonnie E. LARSON, Plaintiff, v. LIBERTY MUTUAL FIRE INSURANCE COMPANY, Defendant. , D.Hawai'i, November 10, 2009
Lonnie E. Larson, Bozeman, MT, pro se. Richard B. Miller, Patricia K. Wall, Tom Petrus & Miller LLLC, Honolulu, HI, for Defendant. ORDER AFFIRMING MAGISTRATE JUDGE'S ORDER DENYING PLAINTIFF'S MOTION TO STRIKE ANSWER AND MOTION FOR ENTRY OF DEFAULT SUSAN OKI MOLLWAY, Chief Judge. On November 6, 2009, Plaintiff Lonnie E. Larson filed a document with the title "Plaintiff's Objections To Magistrate's Order Denying Plaintiff's Motion To Strike Answer and Motion for Entry of Default." This cou...
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Bobby MACOMBER, Petitioner, v. Darren SWENSON, Warden, Saguro Correctional Facility, Respondent. , D.Hawai'i, November 9, 2009
Matthew M. Robinson, Robinson & Brandt, PSC, Covington, KY, William M. Domingo, Honolulu, HI, for Petitioner. Linda L. Walton, Office of the Prosecuting Attorney, Kealakekua, HI, for Respondent. ORDER: (1) ADOPTING THE MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION TO DENY PETITIONER'S AMENDED HABEAS CORPUS PETITION; AND (2) DENYING PETITIONER'S OBJECTIONS TO THE FINDINGS AND RECOMMENDATIONS DAVID ALAN EZRA, District Judge. Pursuant to Local Rule 7.2(d), the Court finds this matter suita...
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Sharolyn RODRIGUES-WONG and Christoper Fontanilla, Plaintiffs, v. CITY & COUNTY OF HONOLULU, Honolulu Police Department; John Does 1-20; Doe Entities 1-10, Defendants. , D.Hawai'i, November 9, 2009
Venetia K. Carpenter-Asui, Honolulu, HI, for Plaintiffs. Tracy S. Fukui, Office of Corporation Counsel, Honolulu, HI, for Defendants. ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AGAINST SHAROLYN RODRIGUES-WONG LESLIE E. KOBAYASHI, United States Magistrate Judge. Before the Court is Defendant City and County of Honolulu, Honolulu Police Department's ("Defendant" or "HPD") Motion for Summary Judgment Against Sharolyn Rodrigues-Wong, filed on April 22,...
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Gladys BOLES, Herk Bolton, Harriet S. Bolton, Kevin Campbell, C. Paul Chisena, Bertha B. Chisena, Lena B. Cook, Jewell Cox, Ruth Cox, Steven W. Karks, W.D. Darks, Ruby Darks, Patricia K. Fuller, Joseph A. Fuller, Doug Gentile, Barbara Kenedy, Glennel, D.Hawai'i, November 9, 2009
ORDER ADOPTING REPORT OF SPECIAL MASTER ALAN C. KAY, Senior District Judge. A Report of Special Master having been filed and served on all parties on October 13, 2009 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)(2) and Local Rule 53.1, the "Findings and Recommendation Regarding Amount of Attorneys' Fees Award" is adopted as the opinion and order of this court. IT IS SO ORDERED. FINDINGS A...
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Mark W.S. YOUNG, Plaintiff, v. BISHOP ESTATE; et al., Defendants. , D.Hawai'i, November 6, 2009
Mark W.S. Young, West Palm Beach, FL, pro se. Jeffrey H.K. Sia, Ayabe Chong Nishimoto Sia & Nakamura LLLP, Honolulu, HI, Robyn B. Chun, Office of the Attorney General-State of Hawaii, Honolulu, HI, Russell A. Suzuki, Office of the Attorney General-Hawaii, Honolulu, HI, Michael R. Vieira, Wayne P. Nasser, Zachary John Antalis, Ashford & Wriston, Honolulu, HI, Jerry A. Ruthruff, Honolulu, HI, Lee T. Nakamura, Tom Petrus & Miller LLLC, Honolulu, HI, Brian Yukio Hiyane, Kawashima Lorusso & Tom, ...
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Alden PAULINE, # A0256259, Plaintiff, v. Dr. DEWITT, Dr. Bauman, Dr. S. Mishner, Wesly Mun, Defendants. , D.Hawai'i, November 5, 2009
Alden Pauline, Aiea, HI, pro se. SCREENING ORDER DIRECTING SERVICE AMD DENYING REQUEST FOR TEMPORARY RESTRAINING ORDER SUSAN OKI MOLLWAY, Chief Judge. Before the court is pro se Plaintiff Alden Pauline's prisoner civil rights Complaint brought pursuant to 42 U.S.C. § 1983. [FN1] Plaintiff names Dr. DeWitt, Dr. Bauman, Dr. S. Mishner, and Wesley Mun as defendants to this action (collectively, "Defendants"). Plaintiff alleges that he is being denied medical care and was unfairly placed on sui...
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Frank O. LOHER, Petitioner, v. Todd THOMAS, Respondent. , D.Hawai'i, November 3, 2009
Frank O. Loher, Eloy, AZ, pro se. Brian R. Vincent, Department of the Prosecuting Attorney, Honolulu, HI, for Respondent. PRELIMINARY ORDER TO SHOW CAUSE AND ANSWER PETITION LESLIE E. KOBAYASHI, United States Magistrate Judge. On October 19, 2008, pro se Petitioner Frank O. Loner, a Hawaii prisoner incarcerated in Arizona, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254, that was referred to this court pursuant to 28 U.S.C. § 636(a). Respondent is ORDERED to respond t...
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HAWAII STEVEDORES, INC., Plaintiff, v. ISLAND CEMENT, LLC; and Doe Defendants 1-10, Defendants. , D.Hawai'i, November 3, 2009
Damon Key Leong Kupchak Hastert, of Counsel, A Law Corporation, Attorneys at Law. Gregory W. Kugle, Mark M. Murakami, Honolulu, HI, for Plaintiff, Hawaii Stevedores, Inc. ORDER ADOPTING MAGISTRATE'S FINDINGS AND RECOMMENDATION DAVID ALAN EZRA, District Judge. Findings and Recommendations having been filed on October 16, 2009, and served concurrently upon those counsel of record who are registered participants of CM/ECF, and served on October 20, 2009 by First Class Mail to the address of...
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Yumiko WAKAZURU, Plaintiff, v. Bruce Shigeo MITSUDA, Defendant. , D.Hawai'i, November 2, 2009
Mark G. Valencia, Honolulu, HI, for Plaintiff. ORDER ADOPTING MAGISTRATE'S FINDINGS AND RECOMMENDATION SUSAN OKI MOLLWAY, Chief Judge. Findings and Recommendation having been filed and served on all parties on October 14, 2009, 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 are adopted as the opinion and order of this Court. IT ...
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The ESTATE OF Agnes P. TAHILAN, Plaintiff, v. FRIENDLY CARE HOME HEALTH SERVICES, INC., a foreign corporation; Michael Lee Folkes; John Does 1-10; Doe Corporations; Doe "Nonprofit" Corporations 1-10; Doe Governmental Units 1-10; and Doe Entities 1-, D.Hawai'i, November 2, 2009
Douglas J. Sameshima, Wailuku, HI, Scott E. Kubota, Agena & Kubota, Honolulu, HI, for Plaintiff. Joachim P. Cox, Robert K. Fricke, Goodsill Anderson Quinn & Stifel LLLP, Honolulu, HI, for Defendants. ORDER GRANTING DEFENDANT FRIENDLY CARE HOME HEALTH SERVICES, INC .'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION OR IMPROPER VENUE DAVID ALAN EZRA, District Judge. On November 2, 2009, the Court heard Defendant's Motion. Scott Kubota, Esq., appeared at the hearing on behalf of Plaint...
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UNITED STATES of America, Plaintiff, v. Timothy Jon ROBLES, Defendant. , D.Hawai'i, November 2, 2009
Thomas J. Brady, Office of the United States Attorney, Honolulu, HI, for Plaintiff. ORDER DENYING PETITION FOR RELIEF FROM JUDGMENT OR ORDER PURSUANT TO FED. R. CIV. P. 60(b)(6) SUSAN OKI MOLLWAY, Chief Judge. Petitioner Timothy Jon Robles has filed a document with the title "Petition for Relief from Judgment or Order Pursuant to Fed.R.Civ.P. 60(b)(6)." The court denies this petition without prejudice to the raising of the claims set forth in the petition through an appropriate procedural ...
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Hui Malama I KOHOLA; Center for Biological Diversity; and Turtle Island Restoration Network, Plaintiffs, v. NATIONAL MARINE FISHERIES SERVICE; United States Department of Commerce; and Gary Locke, Secretary of the Department of Commerce, Defendants, D.Hawai'i, October 30, 2009
David L. Henkin, Earthjustice Legal Defense Fund, Honolulu, HI, for Plaintiffs. Edric Ming-Kai Ching, Office of the United States Attorney, Honolulu, HI, Erik E. Petersen, U.S. Department of Justice Wildlife and Marine Resources Section, S. Jay Govindan, U.S. Department of Justice, Washington, DC, for Defendants. George W. Brandt, Steven Y. Otaguro, Lyons Brandt Cook & Hiramatsu, Honolulu, HI, Jeffrey W. Leppo, Ryan P. Steen, Stoel Rives LLP, Seattle, WA, for Defendant-Intervenor. ORDER: ...
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G., Parent and Next Friend of K., a Disabled Child, et al., Plaintiffs, v. State of HAWAII, Department of Human Services, et al., Defendants. G., Parent and Next Friend of K., a Disabled Child, et al., Plaintiffs, v. United States Department of , D.Hawai'i, October 30, 2009
Bruce F. Sherman, Honolulu, HI, Rafael G. Del Castillo, Jouxson-Meyers & Del Castillo LLLC, Wahiawa, HI, for Plaintiffs. Charles A. Miller, Laura E. Schattschneider, Covington & Burling LLP, Michelle R. Bennett, Sheila M. Lieber, U.S. Department of Justice, Washington, DC, John F. Molay, Lee-Ann N.M. Brewer, Office of the Attorney General-State of Hawaii, Derrick K. Watson, Office of the United States Attorney, Honolulu, HI, for Defendants. ORDER (1) DENYING THE STATE DEFENDANTS' MOTION FO...
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JJCO, INC., dba Jackson Isuzu, a Hawaii Corporation, Plaintiff, v. ISUZU MOTORS AMERICA, INC., a Michigan Corporation, Isuzu Motors America, LLC, A California Limited Liability Company; John Does 1-10; Jane Does 1-10; Doe Corporations 1-10; Doe Gov, D.Hawai'i, October 30, 2009
Dennis W. King, Paul Herran, William J. Deeley, Deeley King & Pang, Honolulu, HI, for Plaintiff. Bert T. Kobayashi, Jr., Joseph A. Stewart, Kobayashi Sugita & Goda, Honolulu, HI, for Defendants. ORDER AFFIRMING MAGISTRATE JUDGE'S ORDER DENYING PLAINTIFF'S MOTION FOR RECONSIDERATION SUSAN OKI MOLLWAY, Chief Judge. I. INTRODUCTION. Plaintiff JJCO Inc., appeals from Magistrate Judge Leslie Kobayashi's order refusing to reconsider her denial of JJCO's motion to compel certain discovery. JJCO...
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UNITED STATES of America, Plaintiff, v. Noshir S. GOWADIA, Defendant. , D.Hawai'i, October 30, 2009
Kenneth M. Sorenson, Office of the United States Attorney, Honolulu, HI, Robert E. Wallace, Jr., U.S. Department of Justice, Criminal Div. Counterespionage Section, Washington, DC, for Plaintiff. Birney B. Bervar, Bervar & Jones, David F. Klein, Law Office of David F. Klein, Honolulu, HI, James M. Webster, K. Chris Todd, Kellogg, Huber, Hansen, Todd, Evans & Figel, PLLC, Washington, DC, for Defendant. ORDER DENYING DEFENDANT NOSHIR S. GOWADIA'S MOTIONS FOR DISCOVERY (DOCKET NO. 424), FOR A...
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Craig SMALLWOOD, John Does 1-999, Jane Does 1-999, Does Associations 1-99, Doe Companies 1-99, Doe Corporations 1-99, Doe Limited Liability Companies 1-99, Doe LLP 1-99, Plaintiffs, v. NCSOFT, Defendant. , D.Hawai'i, October 29, 2009
Craig Smallwood, Ewa Beach, HI, pro se. ORDER DISMISSING PLAINTIFF'S COMPLAINT WITH LEAVE TO AMEND BACKGROUND ALAN C. KAY, Senior District Judge. On October 19, 2009, Pro Se Plaintiff Craig Smallwood ("Plaintiff") filed in this a Court a Complaint ("Complaint") against Defendant NCSOFT ("Defendant"). The Complaint appears to allege that Defendant, who is the creator and operator of a massively multiplayer online role-playing game known as LineageII, has (1) engaged in fraud by banning or bl...
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Lonnie E. LARSON, Plaintiff, v. LIBERTY MUTUAL FIRE INSURANCE COMPANY, Defendant. , D.Hawai'i, October 29, 2009
Lonnie E. Larson, Bozeman, MT, pro se. Richard B. Miller, Patricia K. Wall, Tom Petrus & Miller LLLC, Honolulu, HI, for Defendant. ORDER DENYING PLAINTIFF'S MOTION TO STRIKE ANSWER AND PLAINTIFF'S MOTION FOR ENTRY OF DEFAULT BARRY M. KURREN, United States Magistrate Judge. Before the Court is Plaintiff's Motion to Strike Answer and Plaintiff's Motion for Entry of Default. After careful consideration of the motions, the supporting and opposing memoranda, and the attached documentation, Pl...
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HAWAII CARPENTERS TRUST FUNDS, Health & Welfare Fund by its trustees Albert Hamamoto, Audrey Hidano, Henry Iida, Glen Kaneshige, Thomas Toma, Elmer Cabico, Paul C.K. Chang, Ronald Taketa, Clifford Respicio, Russell Young, Myles Hokama, Eric Hashizume, D.Hawai'i, October 29, 2009
Lorraine H. Akiba, Paul B.K. Wong, Honolulu, HI, for Plaintiffs. ORDER ADOPTING MAGISTRATE'S FINDINGS AND RECOMMENDATION ALAN C. KAY, Senior District Judge. Findings and Recommendation having been filed and served on all parties on October 7, 2009, 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 ...
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Jeffrey J. AUGUSTIN, # A0163220, Plaintiff, v. DEPARTMENT OF PUBLIC SAFETY, et al., Defendants. , D.Hawai'i, October 29, 2009
Jeffrey Augustin, Aiea, HI, pro se. ORDER DISMISSING DISMISSING AMENDED COMPLAINT PURSUANT TO 28 U .S.C. § 1915(e)(2)(B) and 1915(A)(b)(1) ALAN C. KAY, Senior District Judge. On August 24, 2009, the Court dismissed the Hawaii Department of Public Safety and the Halawa Correctional Facility from this prisoner civil rights action. (Doc. # 11.) Pro se plaintiff Jeffrey J. Augustin was notified that, although his Complaint appeared to state a claim, he had failed to name any defendant who was a...
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Hazel McMILLON; Gene Strickland; Trudy Sabalboro; Katherine Vaiola; and Lee Sommers, each individually and on behalf of a class of present and future residents of Kuhio Park Terrace and Kuhio Hones who have disabilities affected by architectural barr, D.Hawai'i, October 29, 2009
ORDER GRANTING PLAINTIFFS HAZEL MCMILLON, GENE STRICKLAND, TRUDY SABALBORO, KATHERINE VAIOLA, and LEE SOMMERS' MOTION FOR CLASS CERTIFICATION J. MICHAEL SEABRIGHT, District Judge. I. INTRODUCTION On December 18, 2008, Plaintiffs Hazel McMillon, Gene Strickland, Trudy Sabalboro, Katherine Vaiola and Lee Sommers (collectively, "Plaintiffs") filed a Complaint against the State of Hawaii and the Hawaii Public Housing Authority (collectively "HPHA") and Realty Laua LLC ("Realty Laua") (collectively...
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Henry Kapononuiahopili LII, Petitioner, v. UNITED STATES of America, Respondent. , D.Hawai'i, October 29, 2009
Beverly W. Sameshima, Office of the United States Attorney, Honolulu, HI, for Respondent. Glenn D. Choy, Honolulu, HI, for Petitioner. ORDER DENYING PETITIONER'S MOTION TO VACATE, SET ASIDE OR CORRECT A SENTENCE J. MICHAEL SEABRIGHT, District Judge. I. INTRODUCTION Pro se Petitioner Henry Kapononuiahopili Lii ("Lii") filed a motion under 28 U.S.C. § 2255 to vacate, set aside or correct his sentence on August 10, 2009. In his petition, Lii challenges his sentence of life imprisonment, whic...
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Noelani KAUINUI, Plaintiff, v. CITIBANK (SOUTH DAKOTA,) N.A., Defendant. , D.Hawai'i, October 28, 2009
John Harris Paer, Honolulu, HI, for Plaintiff. Jason M. Oliver, Marvin S.C. Dang, Law Office of Marvin Dang, Honolulu, HI, Marcus Javier Florez, Waipahu, HI, for Defendant. ORDER GRANTING IN PART, AND DENYING IN PART, DEFENDANT'S MOTION TO DISMISS; GRANTING DEFENDANT'S MOTION TO STRIKE; AND DENYING DEFENDANT'S MOTION FOR A MORE DEFINITE STATEMENT ALAN C. KAY SR., District Judge. PROCEDURAL BACKGROUND On June 9, 2009, Plaintiff Noelani Kauinui ("Plaintiff") filed in this Court a complaint ...
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Rodney E. TORRES, Petitioner, v. State of HAWAII, et al., Respondents. , D.Hawai'i, October 28, 2009
Rodney E. Torres, Eloy, AZ, pro se. ORDER DISMISSING PETITION WITH LEAVE TO AMEND J. MICHAEL SEABRIGHT, District Judge. On October 22, 2009, pro se Petitioner Rodney E. Torres ("Torres"), filed this Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 ("Petition"), and application to proceed in forma pauperis. Torres names the State of Hawaii and its Attorney General as Respondents to the Petition. For the following reasons, the Court DISMISSES the Petition with leave granted to ...
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UNITED STATES of America, Plaintiff, v. Ethan MOTTA (05), Defendant. , D.Hawai'i, October 28, 2009
ORDER DENYING DEFENDANT ETHAN MOTTA'S MOTION TO DISMISS SECOND SUPERSEDING INDICTMENT AND/OR ORDER A NEW TRIAL (DOCKET NO. 1183); ORDER DENYING DEFENDANT ETHAN MOTTA'S MOTION FOR JUDGMENT OF ACQUITTAL (DOCKET NO. 1193) SUSAN OKI MOLLWAY, Chief Judge. I. DEFENDANT ETHAN MOTTA'S MOTION TO DISMISS SECOND SUPERSEDING INDICTMENT IS DENIED. On March 20, 2009, a jury convicted Defendant Ethan Motta of Counts 1 (substantive RICO), 2 (RICO conspiracy), 3 (illegal gambling business), 6 (violent crime ...
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TAYLOR H., by and through her parents TODD H. and Elaine, Plaintiffs, v. DEPARTMENT OF EDUCATION, State of Hawaii, Defendants. , D.Hawai'i, October 28, 2009
Stanley E. Levin, Davis Levin Livingston Grande, Honolulu, HI, for Plaintiffs. Holly T. Shikada, Jerrold G.H. Yashiro, Department of the Attorney General, Honolulu, HI, for Defendants. ORDER ADOPTING REPORTS OF SPECIAL MASTER SUSAN OKI MOLLWAY, Chief Judge. On March 24, 2009, Plaintiffs filed a motion for attorneys' fees and costs (Docket No. 18). On August 6, 2009, Magistrate Judge Leslie E. Kobayashi, acting as a special master, issued A Report of Special Master ("R & R"). On August 20...
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In re Sean Ryan O'KELLEY, Debtor. Countrywide Home Loans, Inc., Plaintiff, v. Jonathan Eric Wilkerson; Sean Ryan O'kelley; Elaine Hortizuela Guerrero O'kelley; Palehua Community Association, Defendants. , D.Hawai'i, October 27, 2009
Sean Ryan O'Kelly, Kapolei, HI, pro se. Elaine Hortizuela Guerrero O'Kelly, Kapolei, HI, pro se. Patricia J. McHenry, Theodore D.C. Young, Cades Schutte, Honolulu, HI, for Plaintiff. ORDER AFFIRMING BANKRUPTCY COURT'S ORDERS (1) DENYING DEFENDANTS' MOTION TO DISMISS; (2) GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT; AND (3) DENYING DEFENDANTS' MOTION FOR RECONSIDERATION J. MICHAEL SEABRIGHT, District Judge. I. INTRODUCTION In this appeal from a bankruptcy action, Defendants Sean Ry...
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Thomas J. EPPERSON, Petitioner, v. State Of HAWAII, Respondent. , D.Hawai'i, October 27, 2009
Thomas J. Epperson, Eloy, AZ, pro se. ORDER DISMISSING PETITION ALAN C. KAY, Senior District Judge. On October 16, 2009, pro se Petitioner Thomas J. Epperson, a Hawaii state prisoner currently incarcerated in Arizona, filed this petition for writ of habeas corpus. Epperson invokes jurisdiction under "L 1892 Chapter 57 Section 5, Common Law of the Hawaiian Islands," and "L 1892 Chapter 57 section 37 (eig[h]th)." (Pet.1-2.) Epperson apparently argues that he is not subject to arrest, trial, o...
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Jason MANO, Petitioner, v. STATE of Hawaii, Respondent. , D.Hawai'i, October 27, 2009
ORDER DISMISSING PETITION ALAN C. KAY, Senior District Judge. Petitioner Jason Mano has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Mano challenges the legality of his sentence, imposed by the State of Hawaii on October 1, 2000, and affirmed by the Hawaii Supreme Court on April 16, 2004. Mano argues that his extended term sentence violates the Hawaii Supreme Court's decision in State v. Maugaotega, 115 Haw. 432, 447, 168 P.3d 562, 577 (2007)(holding that Hawaii's ...
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US BANK NATIONAL ASSOCIATION, as Trustee for the Holders of the CSFB Mortgage Passthrough Certificates, Series 2002-HE16, Plaintiff, v. Paul YAMAMURA, Esq., Successor Personal Representative of the Estate of Herbert W.S. Kam; United States of Ameri, D.Hawai'i, October 27, 2009
Karyn A. Doi, Lester K.M. Leu, Leu Okuda & Leu, Honolulu, HI, for Plaintiff. Harrison P. Chung, Law Offices of Harrison P. Chung Inc., Mary Bahng Yokota, Office of the Attorney General, Harry Yee, Office of the United States Attorney, Honolulu, HI, Michael G. Pitman, U.S. Department of Justice, Washington, DC, for Defendant. ORDER ADOPTING REPORT OF SPECIAL MASTER DAVID ALAN EZRA, District Judge. A Report of Special Master having been filed and served on all parties on September 30, 2009 an...
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MAUI LAND & PINEAPPLE COMPANY, INC., Plaintiff, v. COUNTY OF MAUI, Lori Tsuhako, in her official capacity the Director of the Department of Housing and Human Concerns for the County of Maui, and Doe Government Officials 1-10; and Doe Governmental U, D.Hawai'i, October 27, 2009
Christi-Anne Hiromi Kudo Chock, Mark M. Murakami, Noelle B. Catalan, Robert H. Thomas, Damon Key Leong Kupchak Hastert Honolulu, HI, for Plaintiff. Madelyn S. D'Enbeau, Department of the Corporation Counsel, Wailuku, HI, for Defendants. ORDER DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT SUSAN OKI MOLLWAY, Chief Judge. I. INTRODUCTION. This dispute is over whether Maui Land & Pineapple Company, Inc. ("MLP"), must charge below-market rates for certain residential units it develops. MLP...
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In the Matter of The Complaint of HYATT CORPORATION dba Hyatt Regency Maui Resort & Spa, a Delaware corporation, as pro hac vice owner, and Maui Boat Co., a Delaware corporation, as owner, of M/S Kiele V, O.N. 628114, for exoneration from or limitati, D.Hawai'i, October 26, 2009
ORDER AFFIRMING THE MAGISTRATE JUDGE'S ORDER GRANTING CLAIMANTS PULFER AND SHELBY'S REQUEST TO SEVER THE ISSUE OF DAMAGES AND ACCEPTING THE MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION THAT CLAIMANTS PULFER AND SHELBY'S REQUEST FOR PARTIAL RELIEF FROM THIS COURT'S RESTRAINING ORDER BE GRANTED ALAN C. KAY, Senior District Judge. BACKGROUND [FN1] FN1. The facts set forth in this Order are recited for the limited purpose of deciding the motion to sever and for partial relief. They shall not be ...
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Andrew SULAK, individually and estate of William J. Sulak; and Carrie M. Sulak, individually and as Next Friend of Avaleigh L. Garner, a minor, Plaintiffs, v. AMERICAN EUROCOPTER CORP.; Eads North America; European Aeronautic Defence And Space Comp, D.Hawai'i, October 26, 2009
Allen K. Williams, Collin Marty Fritz, Trecker & Fritz, Honolulu, HI, for Plaintiffs. Eric C. Strain, Stephen C. Johnson, Nixon Peabody LLP, San Francisco, CA, Paul Alston, Richard J. Kowen, Alston Hunt Floyd & Ing, Honolulu, HI, for Defendants. ORDER DENYING PLAINTIFFS' MOTION FOR RECONSIDERATION OF THE ORDER DENYING DEFENDANT AMERICAN EUROCOPTER CORP.'S MOTION TO DISMISS AND TRANSFERRING CASE DAVID ALAN EZRA, District Judge. Pursuant to Local Rule 7.2(d), the Court finds this matter suita...
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NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA, Plaintiff, v. AMERICAN EUROCOPTER CORP.; Eads North America; European Aeronautic Defence and Space Company Eads N.V.; John Does 1-100; Jane Does 1-100; Doe Partnerships 1- 100; Doe, D.Hawai'i, October 26, 2009
Calvin E. Young, Gary S. Miyamoto, Ayabe Chong Nishimoto Sia & Nakamura, Honolulu, HI, for Plaintiff. Eric C. Strain, Stephen C. Johnson, Nixon Peabody LLP, San Francisco, CA, Paul Alston, Richard J. Kowen, Alston Hunt Floyd & Ing, Honolulu, HI, for Defendants. ORDER DENYING PLAINTIFF'S MOTION FOR CLARIFICATION AND/OR RECONSIDERATION OF THE ORDER DENYING DEFENDANT AMERICAN EUROCOPTER CORP.'S MOTION TO DISMISS AND TRANSFERRING CASE DAVID ALAN EZRA, District Judge. Pursuant to Local Rule 7...
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Wilsonis AYALA-VILLANUEVA, Petitioner, v. UNITED STATES of America, Respondent. , D.Hawai'i, October 23, 2009
Wilsonis Ayala-Villanueva, Las Vegas, NV, pro se. Susan Cushman, Office of the United States Attorney, Honolulu, HI, for Respondent. ORDER DENYING MOTION TO VACATE, SET ASIDE, OR CORRECT A SENTENCE J. MICHAEL SEABRIGHT, District Judge. On April 1, 2009, petitioner Wilsonis Ayala-Villanueva ("Ayala- Villanueva") filed a timely motion pursuant to 28 U.S.C. § 2255 to vacate, set aside, or correct his sentence (" § 2255 Motion"). [FN1] In his § 2255 Motion, Ayala-Villanueva raises two issues...
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HAWAII FOREST & TRIAL, LTD, Plaintiff, v. Tom DAVEY, et al., Defendants. Tom Davey, et al., Counterclaimants, v. Hawaii Forest & Trial, Ltd, Counterclaim Defendant. , D.Hawai'i, October 23, 2009
Wilson M. Loo, Laura D.A. Price, Torkildson Katz Moore Hetherington & Harris, Honolulu, HI, for Plaintiff. Elton John Bain, Ewing M. Martin, III, Michele-Lynn E. Luke, Kessner Duca Umebayashi Bain & Matsunaga, Honolulu, HI, for Defendants. ORDER GRANTING DEFENDANTS TOM DAVEY AND DAVEY COACH SALES INC.'S MOTION FOR SUMMARY JUDGMENT BARRY M. KURREN, United States Magistrate Judge. Plaintiff Hawaii Forest & Trail, Ltd. ("Hawaii Forest") sues to recover damages arising out of its purchase of...
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