Hawaii Carpenters Trust Funds et al v. Cavalier Construction, Inc. et al
| Hawaii Carpenters Trust Funds, Hawaii Carpenters Apprenticeship & Training Trust Fund, Hawaii Carpenters Vacation & Holiday Trust Fund, Hawaii Carpenters Market Recovery Program, Hawaii Carpenters Financial Security Fund, Hawaii Carpenters Drywall Training Fund and Hawaii Carpenters 401K Fund |
| Cavalier Construction, Inc., John Does 1-100, Jane Does 1-100, Doe Corporations 1-100, Doe Partnerships 1-100, Doe Entities 1-100 and Doe Governmental Units 1-100 |
| Bank of the Orient, Alan Shintani, Inc. and Armstrong Builders, LLC |
| 1:2014cv00012 |
| January 10, 2014 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| Honolulu |
| J MICHAEL SEABRIGHT |
| ROM TRADER |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1002 E.R.I.S.A.: Employee Retirement |
| None |
Docket Report
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| Filing 96 SATISFACTION OF JUDGMENT entered In favor of Hawaii Carpenters Drywall Training Fund Against Cavalier Construction, Inc., In favor of Hawaii Carpenters Apprenticeship & Training Trust Fund Against Cavalier Construction, Inc., In favor of Hawaii Carpenters Financial Security Fund Against Cavalier Construction, Inc., In favor of Hawaii Carpenters Vacation & Holiday Trust Fund Against Cavalier Construction, Inc., In favor of Hawaii Carpenters Market Recovery Program Against Cavalier Construction, Inc., In favor of Hawaii Carpenters Trust Funds Against Cavalier Construction, Inc. by Hawaii Carpenters Trust Funds. (Miller, Jeffrey) |
Filing 95
SIXTH STIPULATION AND ORDER FOR PARTIAL RELEASE OF GARNISHEE SUMMONS - Signed by MAGISTRATE JUDGE ROM TRADER on 7/12/2021. (jo)
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Filing 94
SECOND AMENDED FIFTH STIPULATION AND ORDER FOR PARTIAL RELEASE OF GARNISHEE SUMMONS - Signed by MAGISTRATE JUDGE ROM TRADER on 6/8/2021. (jo)
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Filing 93
AMENDED FIFTH STIPULATION AND ORDER FOR PARTIAL RELEASE OF GARNISHEE SUMMONS - Signed by MAGISTRATE JUDGE ROM TRADER on 6/2/2021. (jo)
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Filing 92
FIFTH STIPULATION AND ORDER FOR PARTIAL RELEASE OF GARNISHEE SUMMONS - Signed by MAGISTRATE JUDGE ROM TRADER on 6/1/2021. (jo)
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Filing 91
FOURTH STIPULATION AND ORDER FOR PARTIAL RELEASE OF GARNISHEE SUMMONS - Signed by MAGISTRATE JUDGE ROM TRADER on 4/21/2021. (jo)
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| Filing 90 NOTICE of Appearance by Ann Correa on behalf of Cavalier Construction, Inc. on behalf of Cavalier Construction, Inc.. (Attachments: #1 Certificate of Service)(Correa, Ann) |
| Filing 89 NOTICE of Appearance by Gary G. Grimmer on behalf of Cavalier Construction, Inc. on behalf of Cavalier Construction, Inc.. (Attachments: #1 Certificate of Service)(Grimmer, Gary) |
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Filing 88
THIRD STIPULATION AND ORDER FOR PARTIAL RELEASE OF GARNISHEE SUMMONS - Signed by MAGISTRATE JUDGE ROM TRADER on 3/3/2021. (jo)COURT'S CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 87 EP: TELEPHONIC GARNISHEE SUMMONS RETURN HEARING not held.Brad Petrus, counsel for Garnishees, Armstrong Builders, LLC and Alan Shintani, Inc., participated by telephone. Discussion had. Parties report that a balance of approximately $50,000.00 remains to be satisfied. Parties to continue working cooperatively to facilitate payments via stipulation. Parties agree no further conferences necessary. Court takes no further action on garnishee summons subject to submission of appropriate stipulations and ultimately release of garnishee. (ATT / 9:10 - 9:15 a.m.) (MAGISTRATE JUDGE ROM TRADER)(laa)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
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Filing 86
SECOND STIPULATION AND ORDER FOR PARTIAL RELEASE OF GARNISHEE SUMMONS - Signed by MAGISTRATE JUDGE ROM TRADER on 2/3/2021. (jo)COURT'S CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 85 EO: Dial-in instructions for the Telephonic Garnishee Summons Return Date Hearing set for 2/5/2021 at 9:00 a.m. before Magistrate Judge Trader are listed below.Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the hearing.1. Dial 1-888-363-4735.2. Access Code 2070326. (MAGISTRATE JUDGE ROM TRADER)(laa)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
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Filing 84
STIPULATION AND ORDER FOR PARTIAL RELEASE OF GARNISHEE SUMMONS - Signed by MAGISTRATE JUDGE ROM TRADER on 12/14/2020. (jo)COURT'S CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 83 EP: TELEPHONIC STATUS CONFERENCE held.Gary Grimmer, counsel for defendant, Cavalier Construction, Inc., participated by telephone.Brad Petrus, counsel for Garnishee, Armstrong Builders, LLC ("Armstrong"), participated by telephone. Shena Mebley, Manager of Cavalier Construction, Inc., participated by telephone.Discussion had regarding ECF #76 Garnishee Summons Issued to Armstrong Builders, LLC which ordered Garnishee Armstrong to hold and secure certain monies pursuant to judgment. Parties and Armstrong agree to submit a proposed stipulation and order permitting Armstrong to make payments to Defendant Cavalier Construction, Plaintiffs and Defendants vendors. Mr. Miller to secure approval of Plaintiffs and to prepare stipulation and order. Parties to meet and confer as needed to address issues. (ATT / 9:00 - 9:15 a.m.) (MAGISTRATE JUDGE ROM TRADER)(laa)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 82 EO: Per the request of the parties, Court sets Telephonic Status Conference for 12/11/2020 at 09:00 AM before MAGISTRATE JUDGE ROM TRADER. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:1. Dial 1-888-363-4735.2. Access Code 2070326. (MAGISTRATE JUDGE ROM TRADER)(laa)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 81 EP: TELEPHONIC GARNISHEE SUMMONS RETURN HEARING not held.Brad Petrus, counsel for Garnishees, Armstrong Builders, LLC and Alan Shintani, Inc., participated by telephone. Sheena Mebley, Business Operations Manager, Cavalier Construction, Inc. ("Cavalier Construction"), participated by telephone.Discussion had. Court informed of the recent passing of Cavalier Construction's principles, Gerald and Amy Blondeau. Ms. Mebley reports Calvalier Construction to retain counsel and is willing to resolve this matter. By agreement of the parties, the Court CONTINUES the Garnishee Summons Return Hearing to 2/5/2021 at 9:00 a.m. before Magistrate Judge Trader. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:1. Dial 1-888-363-4735.2. Enter Access Code 2070326(ATT / 11:00 - 11:05 a.m.) (MAGISTRATE JUDGE ROM TRADER)(laa)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 80 STATEMENT Disclosure and Statement of Position Regarding Garnishee Summons filed by Armstrong Builders, LLC. (Attachments: #1 Affidavit of James R. Keller, #2 Exhibit A, #3 Exhibit B, #4 Certificate of Service)(Petrus, Brad) |
| Filing 79 STATEMENT Disclosure and Statement of Position Regarding Garnishee Summons filed by Alan Shintani, Inc.. (Attachments: #1 Certificate of Service)(Petrus, Brad) |
| Filing 78 CERTIFICATE OF SERVICE by Hawaii Carpenters Trust Funds re #76 Order, for Garnishee Summons (Armstrong Builders) (Miller, Jeffrey) |
| Filing 77 CERTIFICATE OF SERVICE by Hawaii Carpenters 401K Fund re #71 EX PARTE Motion for Issuance of Garnishee Summons After Judgment (Miller, Jeffrey) |
| Filing 76 GARNISHEE SUMMONS; EXHIBIT 1 Issued as to Garnishee Armstrong Builders, LLC Garnishee Summons Return Date Hearing set for 12/3/2020 11:00 AM as a Telephonic Hearing before MAGISTRATE JUDGE ROM TRADER(jo)COURT'S CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
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Filing 75
ORDER FOR ISSUANCE OF GARNISHEE SUMMONS re: #74 - Signed by MAGISTRATE JUDGE ROM TRADER on 11/4/2020. (jo)COURT'S CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 74 EX PARTE Motion for Issuance of Garnishee Summons After Judgment Jeffrey P. Miller appearing for Plaintiff Hawaii Carpenters 401K Fund (Attachments: #1 Declaration of Jeffrey P. Miller, #2 Exhibit A, #3 Order for Issuance of Garnishee Summons, #4 Garnishee Summons, #5 Exhibit 1)(Miller, Jeffrey) |
| Filing 73 GARNISHEE SUMMONS; EXHIBIT 1 Issued as to Garnishee Alan Shintani, Inc. Garnishee Summons Return Date Hearing set for 12/3/2020 11:00 AM as a Telephonic Hearing before MAGISTRATE JUDGE ROM TRADER(jo)COURT'S CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
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Filing 72
ORDER FOR ISSUANCE OF GARNISHEE SUMMONS re: #71 - Signed by MAGISTRATE JUDGE ROM TRADER on 10/28/2020. (jo)COURT'S CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 71 EX PARTE Motion for Issuance of Garnishee Summons After Judgment Jeffrey P. Miller appearing for Plaintiff Hawaii Carpenters Trust Funds (Attachments: #1 Declaration of Jeffrey P. Miller, #2 Exhibit A, #3 Order for Issuance of Garnishee Summons, #4 Garnishee Summons, #5 Exhibit 1)(Miller, Jeffrey) |
| Filing 70 NOTICE of Case Reassignment: Please reflect Civil Case Number CV 14-00012 JMS-RT on all further pleadings. (jo) |
| ADVISORY ENTRY-Submission of Proposed Orders - Please be advised that Document #71 EX PARTE Motion for Issuance of Garnishee Summons After Judgment includes a proposed order for the judge's signature. If the filing party has not already done so, please email the document in Microsoft Word format to the applicable chambers' email address. See Section 10.4- Emailing of Proposed Orders and Stipulations to Chambers, of the CM/ECF Procedures Guide for additional instructions and a list of judge's email addresses. (jo) |
| Filing 69 EO: Garnishee Summons Return Date 0f 9/21/2017 as to Central Pacific Bank is vacated-Refer to [ECF No. 67] Release of Garnishee Central Pacific Bank. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )No COS issued for this docket entry |
| Filing 67 Release Of Garnishee Central Pacific Bank. Signed by MAGISTRATE JUDGE KEVIN S.C. CHANG on 8/30/17. (cib, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry |
| Filing 66 Garnishee Disclosure for CENTRAL PACIFIC BANK; Certificate of Service re: #64 . (Attachments: #1 Mailing documentation) (afc) |
| Filing 65 CERTIFICATE OF SERVICE by Hawaii Carpenters Trust Funds re #64 Order, Set Hearings,, Garnishee Summons; Exhibit 1 (Miller, Jeffrey) |
| Filing 64 GARNISHEE SUMMONS; EXHIBIT 1. (Attachments: #1 Exhibit 1) Summons ISSUED as to Garnishee CENTRAL PACIFIC BANK. (Garnishee Summons Return Date Hearing set for 9/21/2017 09:15 AM in Courtroom 7 before MAGISTRATE JUDGE KEVIN S.C. CHANG.) (afc) |
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Filing 63
ORDER GRANTING EX PARTE MOTION FOR ISSUANCE OF GARNISHEE SUMMONS re: #61 . Signed by MAGISTRATE JUDGE KEVIN S.C. CHANG on 8/16/2017. (afc) ECF #61 : Ex Parte Motion for Issuance of Garnishee Summons after Judgment as to garnishee CENTRAL PACIFIC BANK. CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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| Filing 62 NOTICE of Case Reassignment: Please reflect Civil case number CV 14-00012 JMS-KSC on all further pleadings. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. |
| Filing 61 EX PARTE Motion for Issuance of Garnishee Summons After Judgment Jeffrey P. Miller appearing for Plaintiff Hawaii Carpenters 401K Fund (Attachments: #1 Declaration of Jeffrey P. Miller, #2 Exhibit A, #3 Order for Issuance of Garnishee Summons, #4 Garnishee Summons (Proposed), #5 Exhibit 1)(Miller, Jeffrey) |
| Filing 60 EO: Pursuant to Counsel Jeffrey Miller's representation that Defendant Cavalier Construction, Inc. has entered into a payment plan with Plaintiff Hawaii Carpenters Trust Funds, the Return Date of Garnishee Summons, previously set for 4/24/2015, is VACATED. Mr. Miller to notify the parties. (MAGISTRATE JUDGE BARRY M. KURREN)(kur3)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry |
| Filing 59 CERTIFICATE OF SERVICE re #57 Declaration of Sharon I. Takeuchi. (afc) |
| Filing 58 CERTIFICATE OF SERVICE re #56 Declaration of Ronald K. Takeuchi. (afc) |
| Filing 57 DECLARATION of Sharon L. Takeuchi. (Attachments: #1 Exhibit A) re: #51 Ex Parte Motion for Issuance of Garnishee Summons after Judgment. (afc) |
| Filing 56 DECLARATION of Ronald K. Takeuchi. (Attachments: #1 Exhibit A) re: #51 Ex Parte Motion for Issuance of Garnishee Summons after Judgment. (afc) Modified on 4/20/2015: Date filed field corrected from 4/20/2015 to 4/15/2015. NEF REGENERATED. (afc). |
| Filing 55 Plaintiffs' RETURN OF SERVICE re: #51 Ex Parte Motion for Issuance of Garnishee Summons after Judgment, etc. Ronald K. Takeuchi for TRUSTEE OF THE SHARON L. TAKEUCHI TRUST served on 3/24/2015. (afc) |
| Filing 54 Plaintiffs' RETURN OF SERVICE re: #51 Ex Parte Motion for Issuance of Garnishee Summons after Judgment, etc. Ronald K. Takeuchi for TRUSTEE OF THE RONALD K. TAKEUCHI TRUST served on 3/24/2015. (afc) |
| Filing 53 Plaintiffs' RETURN OF SERVICE re: #51 Ex Parte Motion for Issuance of Garnishee Summons after Judgment, etc. Ronald K. Takeuchi for SHARON L. TAKEUCHI served on 3/24/2015. (afc) |
| Filing 52 Plaintiffs' RETURN OF SERVICE re: #51 Ex Parte Motion for Issuance of Garnishee Summons after Judgment, etc. RONALD K. TAKEUCHI served on 3/24/2015. (afc) |
| Filing 51 Ex Parte Motion for Issuance of Garnishee Summons after Judgment. (Garnishee Summons Return Date Hearing set for 4/24/2015 10:30 AM before MAGISTRATE JUDGE BARRY M. KURREN.) Signed by MAGISTRATE JUDGE BARRY M. KURREN on 3/18/2015. (Attachments: #1 Declaration of Jeffrey P. Miller, #2 Exhibit A to Jeffrey P. Miller Declaration, #3 Order for Issuance of Garnishee Summons, #4 Garnishee Summons (issued), #5 Exhibit 1 to Garnishee Summons) Garnishee Summons issued as to: (1) Ronald K. Takeuchi, (2) Sharon L. Takeuchi, (3) Trustee of the Ronald K. Takeuchi Trust, and (4) Trustee of the Sharon L. Takeuchi Trust. (afc)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry |
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Filing 49
CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY for plaintiff HAWAII CARPENTERS TRUST FUNDS. Signed by Judge BARRY M. KURREN on 2/3/2015. Jeffrey P. Miller of Miller Shea, LLLC is substituted as counsel of record in place of Jeffrey P. Miller of Bushnell & Miller, LLLC. (afc)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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| EO: At the request of Jeffrey P. Miller, the Return Date on Garnishee Summons set for 12/19/2014 is VACATED. (Judge BARRY M. KURREN)(kur2 )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry |
| Filing 47 DISCLOSURE by Garnishee HawaiiUSA FEDERAL CREDIT UNION; Certificate of Service re: #23 (afc) |
| Filing 46 ANSWER and DISCLOSURE of Garnishee AMERICAN SAVINGS BANK; Certificate of Service re: #23 . |
| Filing 45 DISCLOSURE OF BANK OF THE ORIENT - by Bank of the Orient. (emt, ) |
| Filing 44 ANSWER and DISCLOSURE of HAWAII CENTRAL FEDERAL CREDIT UNION; Certificate of Service re: #23 . (afc) |
| Filing 43 ANSWER and DISCLOSURE of HAWAII NATIONAL BANK re: #23 . (afc) |
| Filing 42 ANSWER and DISCLOSURE of HAWAII STATE FEDERAL CREDIT UNION re: #23 . (afc) |
| Filing 41 DISCLOSURE of TERRITORIAL SAVINGS BANK; Certificate of Service re: #23 . (afc) |
| Filing 39 DISCLOSURE of FIRST HAWAIIAN BANK; Certificate of Service re: #23 . (afc) |
| Filing 37 EO: Garnishee Summons Return Date Hearing set for 12/18/2014 IS CONTINUED TO 12/19/2014 at 9:30 a.m. before Judge BARRY M. KURREN. (Judge BARRY M. KURREN)(bbb)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry |
| Filing 38 ANSWER and DISCLOSURE of BANK OF HAWAII; Certificate of Service re: #23 . (afc) |
| Filing 35 Plaintiffs' RETURN OF SERVICE re: service of #23 EX PARTE MOTION for Issuance of Garnishee Summons after Judgment, etc. HAWAII STATE FEDERAL CREDIT UNION served on 11/12/2014. (afc) |
| Filing 24 GARNISHEE DISCLOSURE for Central Pacific Bank; Certificate of Service re: #23 (afc) |
| Filing 36 Plaintiffs' RETURN OF SERVICE re: service of #23 EX PARTE MOTION for Issuance of Garnishee Summons after Judgment, etc. HAWAII USA Federal Credit Union served on 11/12/2014. (afc) |
| Filing 34 Plaintiffs' RETURN OF SERVICE re: service of #23 EX PARTE MOTION for Issuance of Garnishee Summons after Judgment, etc. TERRITORIAL SAVINGS & LOAN ASSOCIATION served on 11/12/2014. (afc) |
| Filing 33 Plaintiffs' RETURN OF SERVICE re: service of #23 EX PARTE MOTION for Issuance of Garnishee Summons after Judgment, etc. HAWAII CENTRAL CREDIT UNION served on 11/12/2014. (afc) |
| Filing 32 Plaintiffs' RETURN OF SERVICE re: service of #23 EX PARTE MOTION for Issuance of Garnishee Summons after Judgment, etc. HAWAII NATIONAL BANK served on 11/12/2014. (afc) |
| Filing 31 Plaintiffs' RETURN OF SERVICE re: service of #23 EX PARTE MOTION for Issuance of Garnishee Summons after Judgment, etc. PACIFIC RIM BANK served on 11/12/2014. (afc) |
| Filing 30 Plaintiffs' RETURN OF SERVICE re: service of #23 EX PARTE MOTION for Issuance of Garnishee Summons after Judgment, etc. CENTRAL PACIFIC BANK served on 11/12/2014. (afc) |
| Filing 29 Plaintiffs' RETURN OF SERVICE re: service of #23 EX PARTE MOTION for Issuance of Garnishee Summons after Judgment, etc. FIRST HAWAIIAN BANK served on 11/12/2014. (afc) |
| Filing 28 Plaintiffs' RETURN OF SERVICE re: service of #23 EX PARTE MOTION for Issuance of Garnishee Summons after Judgment, etc. AMERICAN SAVINGS BANK served on 11/12/2014. (afc) |
| Filing 27 Plaintiffs' RETURN OF SERVICE re: service of #23 EX PARTE MOTION for Issuance of Garnishee Summons after Judgment, etc. BANK OF [THE] ORIENT served on 11/12/2014. (afc) |
| Filing 26 Plaintiffs' RETURN OF SERVICE re: service of #23 EX PARTE MOTION for Issuance of Garnishee Summons after Judgment, etc. BANK OF HAWAII served on 11/12/2014. (afc) |
| Filing 23 EX PARTE MOTION for Issuance of Garnishee Summons after Judgment. (Garnishee Summons Return Date Hearing set for 12/18/2014 09:30 AM before Judge BARRY M. KURREN.) Signed by Judge BARRY M. KURREN on 11/5/2014. (Attachments: #1 Declaration of Jeffrey P. Miller, #2 Exhibit A, #3 ORDER FOR ISSUANCE OF GARNISHEE SUMMONS, #4 Garnishee Summons (issued), #5 Exhibit 1) Summons issued as to garnishees: (1) Bank of Hawaii(2) Bank of the Orient (3) American Savings Bank (4) First Hawaiian Bank (5) Central Pacific Bank (6) Pacific Rim Bank (7) Hawaii National Bank (8) Hawaii Central Credit Union (9) Territorial Savings & Loan Association (10) Hawaii State Federal Credit Union(11) Hawaii USA Federal Credit Union (afc)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry |
| Filing 21 EO: The Garnishee Summons Return Date set for 10/06/2014 IS VACATED, pursuant to the #19 Answer to Writ of Garnishment. (Judge BARRY M. KURREN)(bbb)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry |
| Filing 19 GARNISHEE DISCLOSURE for Central Pacific Bank; Certificate of Service re: #17 . (afc) |
| Filing 18 RETURN OF SERVICE by plaintiffs re #17 Ex Parte Motion for Issuance of Garnishee Summons, etc. served upon CENTRAL PACIFIC BANK on 8/19/2014. (afc) |
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Filing 17
EX PARTE MOTION FOR ISSUANCE OF GARNISHEE SUMMONS AFTER JUDGMENT; ORDER - Signed by Judge BARRY M. KURREN on 8/12/2014. ( Garnishee Summons Return Date Hearing set for 10/6/2014 11:30 AM before Judge BARRY M. KURREN.) (Attachments: #1 Declaration of Jeffrey P. Miller, #2 Exhibit A, #3 Order for Issuance of Garnishee Summons, #4 Garnishee Summons, #5 Exhibit 1)(emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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| Filing 15 CLERK'S JUDGMENT IN A CIVIL CASE ~ DEFAULT JUDGMENT entered in favor of Hawaii Carpenters Trust Funds (Hawaii Carpenters Apprenticeship & Training Trust Fund, Hawaii Carpenters Drywall Training Fund, Hawaii Carpenters Financial Security Fund, Hawaii Carpenters Market Recovery Program, Hawaii Carpenters Trust Funds, Hawaii Carpenters Vacation & Holiday Trust Fund) and against Cavalier Construction, Inc. (afc) CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). A copy of the instant Judgment will be served by first class mail on June 26, 2014, and addressed to defendant at the address that is noted in the Certificate of Service appended and filed with plaintiff's Ex Parte Request to Clerk for Entry of Default, See docket entry no. #6 : MR. GERALD S. BLONDEAU/CAVALIER CONSTRUCTION, INC., 1448 AUAUKI STREET, KAILUA, HI 96734. |
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Filing 14
ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION re: #13 . Signed by JUDGE J. MICHAEL SEABRIGHT on 6/25/2014. [Order adopts the "Findings and Recommendaiton to Enter Default Judgment against Defendant Cavalier Construction, Inc."] (afc)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). A copy of the instant order will be served to defendant at the address that is noted in the Certificate of Service appended and filed with plaintiff's Ex Parte Request to Clerk for Entry of Default, See docket entry no. #6 : MR. GERALD S. BLONDEAU/CAVALIER CONSTRUCTION, INC., 1448 AUAUKI STREET, KAILUA, HI 96734.
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| Filing 13 FINDINGS AND RECOMMENDATION TO ENTER DEFAULT JUDGMENT AGAINST DEFENDANT CAVALIER CONSTRUCTION, INC. re: #8 . Signed by Judge BARRY M. KURREN on 6/3/2014. (afc) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. A copy of the instant order has been served this date addressed to defendant at the address that is noted in the Certificate of Service appended and filed with plaintiff's Ex Parte Request to Clerk for Entry of Default, See docket entry no. #6 : MR. GERALD S. BLONDEAU/CAVALIER CONSTRUCTION, INC., 1448 AUAUKI STREET, KAILUA, HI 96734. |
| Filing 11 EP: Hearing on #8 Plaintiff's Motion for Entry of Default Judgment held. The Court finds and recommends that this Motion be GRANTED IN PART AND DENIED IN PART. The Court recommends that the request for liquidated damages be denied. Jeffrey P. Miller to prepare proposed Findings and Recommendation. (C8F 10:08-10:15am.) (Judge BARRY M. KURREN)(kur2 )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry |
| Filing 10 NOTICE of Hearing on #8 MOTION for Default Judgment as to Defendant Cavalier Construction, Inc. Motion Hearing set for 5/30/2014 at 10:00 AM before Judge BARRY M. KURREN. (kur2 )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. |
| Filing 9 NOTICE of Case Reassignment: Please reflect Civil Case Number CIV NO 14-00012 JMS-BMK on all further filings. (eps)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. |
| Filing 8 MOTION for Default Judgment as to Defendant Cavalier Construction, Inc. Jeffrey P. Miller appearing for Plaintiff Hawaii Carpenters Trust Funds (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Miller, Jeffrey) |
| Filing 7 EO: In light of the Entry of Default against Defendant Cavalier Construction, Inc., the Rule 16 Scheduling Conference set for 4/14/2014 is VACATED. Plaintiffs shall see default judgment against Defendant Cavalier Construction, Inc. no later than 5/5/2014. (Judge BARRY M. KURREN)(kur2 )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry |
| Filing 6 PLAINTIFF'S EX PARTE REQUEST To Clerk For ENTRY OF DEFAULT as to Cavalier Construction, Inc. (Attachments: #1 Declaration of Jeffrey P Miller, #2 Exhibit 1, #3 Entry of Default, #4 Certificate of Service) (eps) -- The title of the document identifies "Entry of Default Of Defendant KD Construction, Inc". The attachment "Entry of Default" identifies Defendant Cavalier Construction, Inc." |
| Filing 5 RETURN OF SERVICE - SUMMONS Returned Executed by Hawaii Carpenters Drywall Training Fund, Hawaii Carpenters Apprenticeship & Training Trust Fund, Hawaii Carpenters Market Recovery Program, Hawaii Carpenters Financial Security Fund, Hawaii Carpenters Trust Funds, Hawaii Carpenters 401K Fund, Hawaii Carpenters Vacation & Holiday Trust Fund. Cavalier Construction, Inc. served on 1/26/2014, through Gerard Blondeau. (eps ) |
| Filing 4 Filing fee: $ 400.00,receipt number HI010547 re #1 (eps) |
| Filing 3 NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE . (Attachments: #1 Election Form To Consent )(eps) |
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Filing 2
Order Setting Rule 16 Scheduling Conference for 09:30AM on 4/14/2014 before Judge BARRY M. KURREN.. by JUDGE SUSAN OKI MOLLWAY on 01/10/2014. (Attachments: #1 Memo re: Corporate Disclosure Statements)(eps)
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| Filing 1 COMPLAINT against All Defendants (Filing fee $ 400.), filed by Hawaii Carpenters Drywall Training Fund, Hawaii Carpenters Apprenticeship & Training Trust Fund, Hawaii Carpenters Market Recovery Program, Hawaii Carpenters Financial Security Fund, Hawaii Carpenters Trust Funds, Hawaii Carpenters 401K Fund, Hawaii Carpenters Vacation & Holiday Trust Fund. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Summons (issued), #4 Civil Cover Sheet) -- The Exhibits include multiple blank white pages (eps, ) |
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