Bowa Estates Limited, et al. v. Association of Apartment Owners of Wailea Point Village, et al.
| BOWA ESTATES LIMITED, C. DONALD DEMPSEY, Trustees of the Dempsey Family Trust, MAYAKO Y. DEMPSEY, Trustees of the Dempsey Family Trust, JOACHIM BOSCH, Trustees of the Legacy Trust, MICHELLE BOSCH, Trustees of the Legacy Trust and THOMAS C. AINSWORTH, Trustee of the R. Clayton Ainsworth 1997 Irrevocable Property Trust |
| ASSOCIATION OF APARTMENT OWNERS OF WAILEA POINT VILLAGE, by and through its Board of Directors, DALE KNUTSON, individually, EILEEN HANTKE, individually, JILL INSKEEP, individually, JOSEPH AZAR, individually, LOWELL MCADAM, individually, MICHAEL MURRAY, individually, MIKE AVILA, individually, ROB KING, individually, ROBBIE DEIN, individually, ROBERT HOFFMAN, individually and STEVE WELLS, individually |
| 25-6258 |
| October 3, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Real Property Actions |
Opinions
We have the following opinions for this case:
| Description |
|---|
| BOWA ESTATES LIMITED, ET AL. V. ASSOCIATION OF APARTMENT OWNERS OF WAILEA POINT VILLAGE, ET AL.Honolulu, HawaiiCivilSmith, N. Randy, Miller, Eric D., Johnstone, Anthony D. |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 24, 2026. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 21 CLERK ACTION: Reply Brief submitted at DE 20 by Appellant Bowa Estates Limited, Appellant C. Donald Dempsey, Appellant Joachim Bosch, Appellant Mayako Y. Dempsey, Appellant Michelle Bosch, Appellant Thomas C. Ainsworth is filed. No paper copies are required. [Entered: 03/24/2026 09:06 AM] |
| Filing 20 REPLY BRIEF submitted for filing by Appellant Bowa Estates Limited, Appellant C. Donald Dempsey, Appellant Mayako Y. Dempsey, Appellant Joachim Bosch, Appellant Michelle Bosch, Appellant Thomas C. Ainsworth.--[COURT UPDATE: Corrected PDF attached as of 3/24/2026, REPLACING original attachment] [Entered: 03/20/2026 08:52 PM] [Edited: 03/24/2026 09:05 AM] |
| Filing 19 NOTICE: This case is being considered for an upcoming oral argument calendar in Honolulu. Please review the Honolulu sitting dates for June 2026 and the subsequent sitting month in that location at #http://www.ca9.uscourts.gov/court_sessions. Absent an irreconcilable conflict, the court expects you to appear and argue your case during one of these two months. If you have an irreconcilable conflict on any of the dates, please consult with opposing counsel to propose an alternate date and/or location and file Form 32 (#http://www.ca9.uscourts.gov/forms/form32.pdf) within 3 business days of this notice using the ACMS filing type Response to Case Being Considered for Oral Argument. Please follow the form's instructions (#http://www.ca9.uscourts.gov/forms/form32instructions.pdf) carefully. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a motion within 3 business days of this notice, using the filing type: Motion to Refer to Mediation. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. [25-6258] [Entered: 03/05/2026 10:41 AM] |
| Filing 18 CLERK ACTION: Answering Brief and Excerpts of Record submitted at DE 16, DE 17 by Appellee Association of Apartment Owners of Wailea Point Village, Appellee Dale Knutson, Appellee Eileen Hantke, Appellee Jill Inskeep, Appellee Joseph Azar, Appellee Lowell McAdam, Appellee Michael Murray, Appellee Mike Avila, Appellee Rob King, Appellee Robbie Dein, Appellee Robert Hoffman, Appellee Steve Wells are filed. No paper copies are required. [Entered: 03/03/2026 08:32 AM] |
| Filing 17 EXCERPTS OF RECORD submitted for filing by Appellee Association of Apartment Owners of Wailea Point Village, Appellee Dale Knutson, Appellee Eileen Hantke, Appellee Jill Inskeep, Appellee Joseph Azar, Appellee Lowell McAdam, Appellee Michael Murray, Appellee Mike Avila, Appellee Rob King, Appellee Robbie Dein, Appellee Robert Hoffman, Appellee Steve Wells.--[Court Update: Separated volumes, incorrectly combined] [Entered: 02/27/2026 06:29 PM] [Edited: 03/03/2026 08:31 AM] |
| Filing 16 ANSWERING BRIEF submitted for filing by Appellee Association of Apartment Owners of Wailea Point Village, Appellee Dale Knutson, Appellee Eileen Hantke, Appellee Jill Inskeep, Appellee Joseph Azar, Appellee Lowell McAdam, Appellee Michael Murray, Appellee Mike Avila, Appellee Rob King, Appellee Robbie Dein, Appellee Robert Hoffman, Appellee Steve Wells. [Entered: 02/27/2026 06:25 PM] |
Filing 15
ORDER FILED. Streamlined Request for Extension of Time to File Brief (DE 14) granted. Amended briefing schedule: Answering Brief Due (Appellee) 3/2/2026. Optional Reply Brief due 21 days after service of Answering Brief. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. [Entered: 01/08/2026 01:44 PM]
|
| Filing 14 Streamlined Request for Extension of Time to File Brief filed by Appellee Association of Apartment Owners of Wailea Point Village, Appellee Dale Knutson, Appellee Eileen Hantke, Appellee Jill Inskeep, Appellee Joseph Azar, Appellee Lowell McAdam, Appellee Michael Murray, Appellee Mike Avila, Appellee Rob King, Appellee Robbie Dein, Appellee Robert Hoffman, Appellee Steve Wells. [Entered: 01/08/2026 12:24 PM] |
| Filing 13 CLERK ACTION: Opening Brief submitted at DE 9 and Excerpts of Record at DE 10 by Appellant Bowa Estates Limited, Appellant C. Donald Dempsey, Appellant Mayako Y. Dempsey, Appellant Joachim Bosch, Appellant Michelle Bosch, Appellant Thomas C. Ainsworth are filed. No paper copies are required. [Entered: 01/02/2026 03:43 PM] |
|
Filing 12
ORDER FILED. The motion (Docket Entry No. 11) for an extension of time to file the opening brief is granted. The clerk will file the opening brief at Docket Entry No. 9. The answering brief is now due January 30, 2026. The optional reply brief is due within 21 days after service of the answering brief. [Entered: 01/02/2026 03:27 PM]
|
| Filing 11 MOTION to Extend Time to File Brief filed by Appellant Bowa Estates Limited, Appellant C. Donald Dempsey, Appellant Mayako Y. Dempsey, Appellant Joachim Bosch, Appellant Michelle Bosch, Appellant Thomas C. Ainsworth. [Entered: 12/17/2025 07:12 PM] |
| Filing 10 EXCERPTS OF RECORD submitted for filing by Appellant Bowa Estates Limited, Appellant C. Donald Dempsey, Appellant Mayako Y. Dempsey, Appellant Joachim Bosch, Appellant Michelle Bosch, Appellant Thomas C. Ainsworth. [Entered: 12/16/2025 01:54 AM] |
| Filing 9 OPENING BRIEF submitted for filing by Appellant Bowa Estates Limited, Appellant C. Donald Dempsey, Appellant Mayako Y. Dempsey, Appellant Joachim Bosch, Appellant Michelle Bosch, Appellant Thomas C. Ainsworth.--[COURT UPDATE: Corrected PDF attached as of 12/18/2025, REPLACING original attachment] [Entered: 12/16/2025 01:43 AM] [Edited: 12/18/2025 09:55 AM] |
|
Filing 8
ORDER FILED. Streamlined Request for Extension of Time to File Brief (DE 7) granted. Amended briefing schedule: Opening Brief Due (Appellant) 12/15/2025, Answering Brief Due (Appellee) 1/14/2026. Optional Reply Brief due 21 days after service of Answering Brief. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. [Entered: 10/27/2025 02:50 PM]
|
| Filing 7 Streamlined Request for Extension of Time to File Brief filed by Appellant Bowa Estates Limited, Appellant C. Donald Dempsey, Appellant Mayako Y. Dempsey, Appellant Joachim Bosch, Appellant Michelle Bosch, Appellant Thomas C. Ainsworth. [Entered: 10/27/2025 02:25 PM] |
| Filing 6 RELEASED FROM MEDIATION (text only). This case is released from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions. [Entered: 10/23/2025 09:07 AM] |
| Filing 5 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellant Bowa Estates Limited, Appellant C. Donald Dempsey, Appellant Mayako Y. Dempsey, Appellant Joachim Bosch, Appellant Michelle Bosch, Appellant Thomas C. Ainsworth. [Entered: 10/15/2025 04:23 PM] |
| Filing 4 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 10/22/2025, 1:30 p.m. PACIFIC Time. See order for instructions and details. [Entered: 10/15/2025 08:36 AM] |
| Filing 3 MEDIATION QUESTIONNAIRE filed by Appellant Bowa Estates Limited, Appellant C. Donald Dempsey, Appellant Mayako Y. Dempsey, Appellant Joachim Bosch, Appellant Michelle Bosch, Appellant Thomas C. Ainsworth. To submit pertinent confidential information directly to the Circuit Mediators, please email #[email protected] and include the case name and number in the subject line. Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts. [Entered: 10/08/2025 05:35 PM] |
| Filing 2 SCHEDULE NOTICE. Mediation Questionnaire due (Appellant) 10/8/2025, Appeal Opening Brief (No Transcript Due) (Appellant) 11/14/2025, Appeal Answering Brief (No Transcript Due) (Appellee) 12/15/2025. For appeal no. 25-6258, 1:23-cv-00582-MWJS-RT. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. Failure of the petitioner(s)/appellant(s) to comply with this briefing schedule will result in automatic dismissal of the appeal. See 9th Cir. R. 42-1. [Entered: 10/03/2025 03:48 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 1:23-cv-00582-MWJS-RT has been received in the Clerk's office of the United States Court of Appeals for the Ninth Circuit. The U.S. Court of Appeals docket number 25-6258 has been assigned to this case. All communications with the court must indicate this Court of Appeals docket number. Please carefully review the docket to ensure the name(s) and contact information are correct. It is your responsibility to alert the court if your contact information changes. Resources Available For more information about case processing and to assist you in preparing your brief, please review the Case Opening Information (for #attorneys and #pro se litigants) and review the #Appellate Practice Guide. Attorneys should consider contacting the court's #Appellate Mentoring Program for help with the brief and argument. [Entered: 10/03/2025 03:45 PM] |
Access additional case information on PACER
Access the Case Summary and Docket Report to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
