Floral Resources, et al v. Kevin A. Malone, et al
Plaintiff: Kaimu Nursery, Inc., Clyde Okamoto, Albert Isa, Exotics Hawaii Kona, Inc., Daniel Hata, Peter Kincaid, Mark Nozaki, Neal Okimoto, Dora Okazaki, Kona Orchids, Inc., Jeffrey Newman, Kupulau Anthurium Partners, Puna Flowers & Foliage, Inc., Ronald Okazaki, Orchid Partners, Cymbidium Partners, Sunshine Farms, Flowers, Inc., Wade Okamoto, Waiakea Partners, Dwight Walker, Jr., Curtis Y. Nakaoka, Exotics Hawaii Ltd., Samuel H. Taka, Loraine Y. Terada, Green Point Nurseries, Inc., Bernice Walker, Floral Resources/Hawaii, Inc., Andraea Partners, Mae's Nursery, Big Rock Anthuriums, Inc., Sylvia A. Taka, Glenwood Cymbidium Partners, George Shiroma, Malaai Partners, Carl Okamoto, Henry M. Terada and Vantanage Partners
Defendant: Kevin A. Malone, Doe Corporations 1-10, Other Entities 1-10, Doe Partnerships 1-10, Krupnick Campbell Malone Roselli Buser & Slama and John Does 1-10
Undetermined: Clyde Wm. Matsui
Case Number: 1:2003cv00431
Filed: August 12, 2003
Court: US District Court for the District of Hawaii
Presiding Judge: KEVIN SC CHANG
Referring Judge: SUSAN OKI MOLLWAY
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: None
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Docket Report

This docket was last retrieved on January 12, 2006. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 12, 2006 Opinion or Order Filing 260 STIPULATION for Dismissal of all claims with prejudice; and ORDER - by JUDGE SUSAN OKI MOLLWAY (afc)
January 12, 2006 Filing 259 STIPULATION for Partial Dismissal with Prejudice on the Merits [Re: Vantanage Partners] - Signed by Judge SUSAN OKI MOLLWAY (afc)
January 12, 2006 Filing 258 STIPULATION for Partial Dismissal with Prejudice on the Merits [Re: Henry M. Terada and Loraine Y. Terada dba H & L Terada Farm] - Signed by Judge SUSAN OKI MOLLWAY (afc)
January 12, 2006 Filing 257 STIPULATION for Partial Dismissal with Prejudice on the Merits [Re: George Shiroma dba G. Shiroma Farms] - Signed by Judge SUSAN OKI MOLLWAY (afc)
January 12, 2006 Filing 256 STIPULATION for Partial Dismissal with Prejudice on the Merits [Re: Puna Flowers & Foliage, Inc.] - Signed by Judge SUSAN OKI MOLLWAY (afc)
January 12, 2006 Filing 255 STIPULATION for Partial Dismissal with Prejudice on the Merits [Re: Wade Okamoto dba Paradise Anthuriums] - Signed by Judge SUSAN OKI MOLLWAY (afc)
January 12, 2006 Filing 254 STIPULATION for Partial Dismissal with Prejudice on the Merits [Re: Carl Okamoto dba Carl Okamoto & dba Lehua Tropical Flowers] - Signed by Judge SUSAN OKI MOLLWAY (afc)
January 12, 2006 Filing 253 STIPULATION for Partial Dismissal with Prejudice on the Merits [Re: Mark Nozaki dba Nozaki Farms] - Signed by Judge SUSAN OKI MOLLWAY (afc)
January 12, 2006 Filing 252 STIPULATION for Partial Dismissal with Prejudice on the Merits [Re: Mae's Nursery] - Signed by Judge SUSAN OKI MOLLWAY (afc) Modified on 1/12/2006 to correct punctiation - from "Mae?s Nursery" to Mae's Nursery (afc).
January 12, 2006 Filing 251 STIPULATION for Partial Dismissal with Prejudice on the Merits [Re: Albert Isa dba Albert Isa Nursery] - Signed by Judge SUSAN OKI MOLLWAY (afc)
January 12, 2006 Filing 250 STIPULATION for Partial Dismissal with Prejudice on the Merits [Re: Daniel Hata dba Hata Farm] - Signed by Judge SUSAN OKI MOLLWAY (afc)
January 12, 2006 Filing 249 STIPULATION for Partial Dismissal with Prejudice on the Merits [Re: Green Point Nurseries, Inc.] - Signed by Judge SUSAN OKI MOLLWAY (afc)
January 12, 2006 Filing 248 STIPULATION for Partial Dismissal with Prejudice on the Merits [Re: Floral Resources/Hawaii, Inc.] - Signed by Judge SUSAN OKI MOLLWAY - Terminating defendants Krupnick Campbell Malone Roselli Buser & Slama; defendant Kevin A. Malone (afc)
August 15, 2005 Filing 247 WITHDRAWAL OF Defendants' MOTION addressing the Order of the Court on motion for summary judgment and to strike entered on March 23, 2005, which motion seeks relief under Local Rule 60.1(c) and FRCP 60(b)(6) and, in the alternative, for clarification of the March 23, 2005 order [169-1] filed under seal on April 7, 2005; Certificate of Service (gs)
July 19, 2005 ORIGINAL TRANSCRIPT filed ( Ct Rptr Juvelynn Punzal) taken on 05/23/05 (lmg)
June 17, 2005 ORIGINAL TRANSCRIPT filed ( Ct Rptr/ESR transcriber Juvelynn Punzal) taken on 05/23/05 (lmg)
May 27, 2005 Filing 246 WITHDRAWAL OF MOTION by defendant Kevin A. Malone, defendant Krupnick Campbell withdrawing motion for leave to supplement declarations procedure with live direct testimony of defendant Kevin A. Malone, Tom Buser, and Bob McKee [229-1]; certificate of service (afc)
May 27, 2005 Filing 245 WITHDRAWAL OF MOTION by defendant Kevin A. Malone, defendant Krupnick Campbell withdrawing motion in limine # 13 to bar (1) and proffer, argument, or claim by plaintiffs to any fee forfeiture in excess of the amount of fee actually received by the defendant law firm and (2) any proffer, argument, or claim that any fee forfeiture may be imposed on defendant Kevin A. Malone who received no fee from any plaintiff [207-1]; certificate of service (afc)
May 27, 2005 Filing 244 WITHDRAWAL OF MOTION by defendant Kevin A. Malone, defendant Krupnick Campbell withdrawing motion in limine # 12 to sustain the objections to the proffer, admission, argument, or any other use of DuPont's supplemental response to plaintiffs' discovery requests on negotiation of prior settlement [206-1]; certificate of service (afc)
May 27, 2005 Filing 243 WITHDRAWAL OF MOTION by defendant Kevin A. Malone, defendant Krupnick Campbell withdrawing motion in limine # 11 to bar attenuation of Rule 1.8(g) to including "negotiations" or "discussions" as an implied term, hence, to limit analysis of that rule to its plain text reference to a settlement [205-1]; certificate of service (afc)
May 27, 2005 Filing 242 WITHDRAWAL OF MOTION by defendant Kevin A. Malone, defendant Krupnick Campbell withdrawing motion in limine # 10 to preclude plaintiffs from introducing evidence of DuPont's litigation reserves [204-1]; certificate of service (afc)
May 27, 2005 Filing 241 WITHDRAWAL OF MOTION by defendant Kevin A. Malone, defendant Krupnick Campbell withdrawing motion in limine # 9 to exclude certain testimony of counsel for DuPont [203-1]; certificate of service (afc)
May 27, 2005 Filing 240 WITHDRAWAL OF MOTION by defendant Kevin A. Malone, defendant Krupnick Campbell withdrawing motion in limine # 8 to strike deposition testimony of counsel for DuPont [202-1]; certificate of service (afc)
May 27, 2005 Filing 239 WITHDRAWAL OF MOTION by defendant Kevin A. Malone, defendant Krupnick Campbell withdrawing motion in limine # 7 to exclude deposition testimonies of DuPont witnesses [201-1]; certificate of service (afc)
May 27, 2005 Filing 238 WITHDRAWAL OF MOTION by defendant Kevin A. Malone, defendant Krupnick Campbell withdrawing motion in limine # 6 to preclude plaintiffs from introducing any evidence of compensatory or actutal damage [200-1]; certificate of service (afc)
May 27, 2005 Filing 237 WITHDRAWAL OF MOTION by defendant Kevin A. Malone, defendant Krupnick Campbell withdrawing motion in limine # 5 to preclude plaintiffs from introducing evidence that their settlements were undervalued or that they suffered any compensatory damage (or "hurt") [199-1]; certificate of service (afc)
May 27, 2005 Filing 236 WITHDRAWAL OF MOTION by defendant Kevin A. Malone, defendant Krupnick Campbell withdrawing motion in limine # 4 to preclude plaintiffs from introducing the Kawamata case as evidence [198-1]; certificate of service (afc)
May 27, 2005 Filing 235 WITHDRAWAL OF MOTION by defendant Kevin A. Malone, defendant Krupnick Campbell withdrawing motion in limine # 3 to strike plaintiffs' expert witness [197-1]; certificate of service (afc)
May 27, 2005 Filing 234 WITHDRAWAL OF MOTION by defendant Kevin A. Malone, defendant Krupnick Campbell withdrawing motion in limine # 2 to strike certain unsworn, unauthenticated, and hearsay documents [196-1]; certificate of service (afc)
May 27, 2005 Filing 233 WITHDRAWAL OF MOTION by defendant Kevin A. Malone, defendant Krupnick Campbell withdrawing motion in limine # 1 to limit the 12 plaintiffs' fee forfeiture claims to less than the amount the Krupnick firm was paid from recoveries [195-1]; certificate of service (afc)
May 23, 2005 Filing 232 EP: Further Settlement Conference. Settlement Conference held. Settlement reached. Terms stated UNDER SEAL. The Court finds that there is a valid and enforceable settlement reached in this case. The deadline for filing of the Dismissal is 1/20/2006. The following motions set for 5/27/05 at 9:00am before Judge Mollway are hereby vacated: Defendants' Motion in Limine #1 to Limit the 12 Plaintiffs' Fee Forfeiture Claims to Less than the Amount the Krupnick Firm was Paid from Recoveries; Defendants' Motion in Limine #2 to Strike Certain Unsworn Unauthenticated, and Hearsay Documents; Defendants' Motion in Limine #3 to Strike Plaintiffs' Expert Witness; Defendants' Motion in Limine #4 to Preclude Plaintiffs for Introducing the Kawamata Case as Evidence; Defendants' Motion in Limine #5 to Preclude Plaintiffs from Introducing Evidence that their Settlements were Undervalued or that they Suffered any Compensatory Damage (or "Hurt"); Defendants' Motion in Limine #6 to Preclude Plaintiffs from Introducing and Evidence of Compensatory or Actual Damage; Defendants' Motion in Limine #7 to Exclude Deposition Testimonies of DuPont Witnesses; Defendants' Motion in Limine #8 to Strike Deposition Testimony of Counsel for DuPont; Defendants' Motion in Limine #9 to Exclude Certain Testimony of Counsel for DuPont Defendants' Motion in Limine #10 to Preclude Plaintiffs from Introducing Evidence of DuPont's Litigation Reserves; Defendants' Motion in Limine #11 to Bar Attenuation of Rule 1.8(g) to Including "Negotiations" or "Discussions" as an Implied Term, Hence to Limit Analysis of that Rule to its Plain Text Reference to a Settlement; Defendants' Motion in Limine #12 to Sustain the Objections to the Proffer, Admission, Argument, or any other use of DuPont's Supplemental Response to Plaintiffs' Discovery Requests on Negotiation of Prior Settlement; Defendants' Motion in Limine #13 to Bar (1) any Proffer, Argument, or Claim by Plaintiffs to any Fee Forfeiture in Excess of the Amount of Fee Actually Received by the Defendant Law Firm and (2) any Proffer, Argument, or Claim that any Fee Forfeiture may be Imposed on Defendant Kevin A. Malone who Received no Fee from any Plaintiff; Defendants' Motion for Leave to Supplement Declarations Procedure with Live Direct Testimony of Defendant Kevin A. Malone, Tom Buser, and Bob Mckee. Counsel to withdraw pending motions. 6/1/05, 9:00am, Non Jury Trial before Judge Mollway is hereby vacated. [vacating [229-1] motion for leave to supplement declarations procedure with live direct testimony of defendant Kevin A. Malone, Tom Buser, and Bob McKee, vacating [207-1] motion in limine # 13 to bar (1) and proffer, argument, or claim by plaintiffs to any fee forfeiture in excess of the amount of fee actually received by the defendant law firm and (2) any proffer, argument, or claim that any fee forfeiture may be imposed on defendant Kevin A. Malone who received no fee from any plaintiff, vacating [206-1] motion in limine # 12 to sustain the objections to the proffer, admission, argument, or any use of DuPont's supplemental response to plaintiffs' discovery requests on negotiation of prior settlement, vacating [205-1] motion in limine # 11 to bar attenuation Rule 1.8(g) to including "negotiations" or "discussions" as an implied term, hence, to limit analysis of that rule to its plain text reference to a settlement, vacating [204-1] motion in limine # 10 to preclude plaintiffs from introducing evidence of DuPont's litigation reserves, vacating [203-1] motion in limine # 9 to exclude certain testimony of counsel for DuPont, vacating [202-1] motion limine # 8 to strike deposition testimony of counsel for DuPont, vacating [201-1] motion in limine # 7 to exclude deposition testimonies of DuPont witnesses, vacating [200-1] motion in limine # 6 to preclude plaintiffs from introducing any evidence of compensatory or actutal damage, vacating [199-1] motion in limine # 5 to preclude from introducing evidence that their settlements were undervalued or that they suffered any compensatory damage (or "hurt"), vacating [198-1] motion in limine # 4 to preclude plaintiffs from introducing the Kawamata case as evidence, vacating [197-1] motion in limine # 3 to strike plaintiffs' expert witness, vacating [196-1] motion in limine # 2 to strike certain unsworn, unauthenticated, and hearsay documents, vacating [195-1] motion in limine # 1 limit the 12 plaintiffs' fee forfeiture claims to less than the amount the Krupnick firm was paid from recoveries, vacating [223-1] motion in limine # 5 to exclude introduction at trial of any evidence regarding "Exhibit A" to "Agreements in Principle Concerning Settlement" from or inconsistent with evidence, documents or testimony provided by defendants during pre-trial discovery, [222-1] motion in limine # 4 to exclude introduction at trial of any evidence regarding "authorizations" other than those pertaining to plaintiffs in this action, vacating [221-1] motion in limine # 3 to exclude evidence of settlements in "Benlate Fraud Litigation", vacating motion in limine # 2 to exclude evidence of voluntary dismissals of claims of former plaintiffs, vacating motion in limine # 1 to (A) exclude evidence relating to plaintiffs' original Benlate porduct claims against DuPont were evaluated and (B) exclude argument that plaintiffs received reasonable compensation from the settlement negotiated by defendants re [169-1], vacating Trial date ; Dismissal papers ddl set for 1/20/06 before Judge Susan Oki Mollway] (Ct Rptrs: In Chambers-No Record at time: 10:30-2:45 for Settlement Conference; FTR-C6 at time:2:50-2:57:52 for Settlement on the Record [UNDER SEAL], and FTR-C6 at time: 3:30-3:36:08 [also UNDER SEAL] for Settlement on the Record to note Michael Lilly's presence) JUDGE Mag Judge Kevin S. Chang (afc) Modified on 05/26/2005
May 20, 2005 Filing 230 EO: The court orders that its March 23, 2005 order be unsealed. [161-1] () JUDGE Judge Susan Oki Mollway (afc)
May 20, 2005 Filing 229 NOTICE OF MOTION and motion by defendant Kevin A. Malone, defendant Krupnick Campbell for leave to supplement declarations procedure with live direct testimony of defendant Kevin A. Malone, Tom Buser, and Bob McKee ; memorandum in support of motion; certificate of service - set for 9:00 5/27/05 before Judge Susan Oki Mollway (afc) Modified on 05/28/2005
May 20, 2005 Opinion or Order Filing 228 EX PARTE MOTION by defendant Kevin A. Malone, defendant Krupnick Campbell to shorten time on hearing defendants' motion for leave to supplement declarations procedure with live direct testimony of defendant Kevin A. Malone, Tom Buser, and Bob McKee ; declaration of James Kawashima; ORDER by Judge Susan Oki Mollway granting ex parte motion; certificate of service - motion set for 9:00 05/27/05; order also includes Judge Mollway's provision: "If the court allows any live direct testimony, the court may allow equal live exam time for both sides" (afc) Modified on 05/23/2005
May 19, 2005 Filing 231 EP: Further Settlement Conference. Settlement Conference held. Further Settlement Conference set 5/23/05 at 10:00am before Judge Chang. (Ct Rptr: In Chambers - No Record) JUDGE Mag Judge Kevin S.C. Chang (afc)
May 18, 2005 Filing 227 EP: Further Settlement Conference. Settlement Conference held. Further Settlement Conference continued to 5/19/05 at 8:30am before Judge Chang. (Ct Rptr: In Chambers-No Record) JUDGE Mag Judge Kevin S. Chang (afc)
May 18, 2005 Filing 226 CERTIFICATE of service by defendant Kevin A. Malone, defendant Krupnick Campbell (afc)
May 18, 2005 Filing 225 Plaintiffs' OBJECTIONS AND OPPOSITION to defendants' ex parte motion for leave to supplement declarations procedure with live direct testimony of defendant Kevin A. Malone, Tom Buser, and Bob McKee, lodged on May 17, 2005; certificate of service (cc: SOM) (afc)
May 18, 2005 Filing 224 ERRATA SHEET to defendants designations of deposition transcripts of the testimonies of Jerry W. Ashby, Patrick W. Lee, Michael Levy, John F. Schmutz and Edgar S. Woolard, Jr.; certificate of service [73-1] (afc)
May 17, 2005 Filing 223 NOTICE OF MOTION and motion by plaintiffs in limine # 5 to exclude introduction at trial of any evidence regarding "Exhibit A" to "Agreements in Principle Concerning Settlement" differing from or inconsistent with evidence, documents or testimony provided by defendants during pre-trial discovery ; memorandum in support of motion; declaration of Chan P. Townsley; exhibits 1 to 10; certificate of service - set for 9:00 5/27/05 before Judge Susan Oki Mollway (SEALED) (afc) Modified on 05/18/2005
May 17, 2005 Filing 222 NOTICE OF MOTION and motion by plaintiffs in limine # 4 to exclude introduction at trial of any evidence regarding "authorizations" other than those pertaining to plaintiffs in this action ; memorandum in support of motion; declaration of Chan P. Townsley; exhibits 1 to 5; certificate of service - set for 9:00 5/27/05 before Judge Susan Oki Mollway (afc)
May 17, 2005 Filing 221 NOTICE OF MOTION and motion by plaintiffs in limine # 3 to exclude evidence of settlements in "Benlate Fraud Litigation" ; memorandum in support of motion; certificate of service - set for 9:00 5/27/05 before Judge Susan Oki Mollway (afc)
May 17, 2005 Filing 220 NOTICE OF MOTION and motion by plaintiffs in limine # 2 to exclude evidence of voluntary dismissals of claims of former plaintiffs ; memorandum in support of motion; certificate of service - set for 9:00 5/27/05 before Judge Susan Oki Mollway (afc)
May 17, 2005 Filing 219 NOTICE OF MOTION and motion by plaintiffs' in limine # 1 to (A) exclude evidence relating to how plaintiffs' original Benlate porduct claims against DuPont were evaluated and (B) exclude argument that plaintiffs received reasonable compensation from the settlement negotiated by defendants ; memorandum in support of motion; certificate of service - set for 9:00 5/27/05 before Judge Susan Oki Mollway (afc)
May 17, 2005 Filing 218 PROPOSED FINDINGS of fact and conclusions of law; exhibit 1; certificate of service - submitted by plaintiffs (afc)
May 17, 2005 Filing 217 TRIAL brief; certificate of service - submitted by plaintiffs (afc)
May 17, 2005 Filing 216 DESIGNATION OF DEPOSITION of EDGAR WOOLARD taken on APRIL 12, 2002; exhibit 1; certificate of service - filed by plaintiffs (afc)
May 17, 2005 Filing 215 DESIGNATION OF DEPOSITION of EDGAR WOOLARD taken on APRIL 11, 2002; exhibit 1; certificate of service - filed by plaintiffs (afc)
May 17, 2005 Filing 214 DESIGNATION OF DEPOSITION via video conference of RODNEY W. SMITH taken on MARCH 25, 2005; exhibit 1; certificate of service - filed by plaintiffs (afc)
May 17, 2005 Filing 213 DESIGNATION OF DEPOSITION of JOHN F. SCHMUTZ taken on JUNE 12, 2002; exhibit 1; certificate of service - filed by plaintiffs (afc)
May 17, 2005 Filing 212 DESIGNATION OF DEPOSITION of MICHAEL LEVY taken on JUNE 25, 2002; exhibit 1; certificate of service - filed by plaintiffs (afc)
May 17, 2005 Filing 211 DESIGNATION OF DEPOSITION of JERRY ASHBY taken on MAY 20, 2002; exhibit 1; certificate of service - filed by plaintiffs (afc)
May 17, 2005 Filing 210 DESIGNATION OF DEPOSITION of JERRY ASHBY taken on MARCH 26, 2002; exhibit 1; certificate of service - filed by plaintiffs (afc)
May 17, 2005 Filing 209 COMPREHENSIVE WITNESS list; certificate of service - submitted by plaintiffs (afc)
May 17, 2005 Filing 208 TRIAL brief; certificate of service - submitted by defendant Kevin A. Malone, defendant Krupnick Campbell (afc)
May 17, 2005 Filing 207 NOTICE OF MOTION and motion by defendant Kevin A. Malone, defendant Krupnick Campbell in limine # 13 to bar (1) and proffer, argument, or claim by plaintiffs to any fee forfeiture in excess of the amount of fee actually received by the defendant law firm and (2) any proffer, argument, or claim that any fee forfeiture may be imposed on defendant Kevin A. Malone who received no fee from any plaintiff ; memorandum in support of motion; certificate of service - set for 9:00 05/27/05 before Judge Susan Oki Mollway (afc)
May 17, 2005 Filing 206 NOTICE OF MOTION and motion by defendant Kevin A. Malone, defendant Krupnick Campbell in limine # 12 to sustain the objections to the proffer, admission, argument, or any other use of DuPont's supplemental response to plaintiffs' discovery requests on negotiation of prior settlement ; memorandum in support of motion; declaration of James Kawashima; exhibits 1 & 2; certificate of service - set for 9:00 05/27/05 before Judge Susan Oki Mollway (afc)
May 17, 2005 Filing 205 NOTICE OF MOTION and motion by defendant Kevin A. Malone, defendant Krupnick Campbell in limine # 11 to bar attenuation of Rule 1.8(g) to including "negotiations" or "discussions" as an implied term, hence, to limit analysis of that rule to its plain text reference to a settlement ; memorandum in support of motion; declaration of James Kawashima; exhibit 1; certificate of service - set for 9:00 05/27/05 before Judge Susan Oki Mollway (afc)
May 17, 2005 Filing 204 NOTICE OF MOTION and motion by defendant Kevin A. Malone, defendant Krupnick Campbell in limine # 10 to preclude plaintiffs from introducing evidence of DuPont's litigation reserves ; memorandum in support of motion; declaration of James Kawashima; exhibits 1 - 4; certificate of service - set for 9:00 05/27/05 before Judge Susan Oki Mollway (SEALED) (afc) Modified on 05/17/2005
May 17, 2005 Filing 203 NOTICE OF MOTION and motion by defendant Kevin A. Malone, defendant Krupnick Campbell in limine # 9 to exclude certain testimony of counsel for DuPont ; memorandum in support of motion; declaration of James Kawashima; exhibits 1 - 3; certificate of service - set for 9:00 5/27/05 before Judge Susan Oki Mollway (afc)
May 17, 2005 Filing 202 NOTICE OF MOTION and motion by defendant Kevin A. Malone, defendant Krupnick Campbell in limine # 8 to strike deposition testimony of counsel for DuPont ; memorandum in support of motion; certificate of service - set for 9:00 before Judge Susan Oki Mollway (afc)
May 17, 2005 Filing 201 NOTICE OF MOTION and motion by defendant Kevin A. Malone, defendant Krupnick Campbell in limine # 7 to exclude deposition testimonies of DuPont witnesses ; memorandum in support of motion; certificate of service - set for 9:00 5/27/05 before Judge Susan Oki Mollway (afc)
May 17, 2005 Filing 200 NOTICE OF MOTION and motion by defendant Kevin A. Malone, defendant Krupnick Campbell in limine # 6 to preclude plaintiffs from introducing any evidence of compensatory or actutal damage ; memorandum in support of motion; declaration of James Kawashima; exhibit 1; certificate of service - set for 9:00 before Judge Susan Oki Mollway (afc)
May 17, 2005 Filing 199 NOTICE OF MOTION and motion by defendant Kevin A. Malone, defendant Krupnick Campbell in limine # 5 to preclude plaintiffs from introducing evidence that their settlements were undervalued or that they suffered any compensatory damage (or "hurt") ; memorandum in support of motion; declaration of James Kawashima; exhibits 1 & 2; certificate of service - set for 9:00 5/27/05 before Judge Susan Oki Mollway (afc)
May 17, 2005 Filing 198 NOTICE OF MOTION and motion by defendant Kevin A. Malone, defendant Krupnick Campbell in limine # 4 to preclude plaintiffs from introducing the Kawamata case as evidence ; memorandum in support of motion; certificate of service - set for 9:00 5/27/05 before Judge Susan Oki Mollway (afc)
May 17, 2005 Filing 197 NOTICE OF MOTION and motion by defendant Kevin A. Malone, defendant Krupnick Campbell in limine # 3 to strike plaintiffs' expert witness ; memorandum in support of motion; declaration of James Kawashima; exhibits A - C6; certificate of service - set for 9:00 5/27/05 before Judge Susan Oki Mollway (SEALED) (afc)
May 17, 2005 Filing 196 NOTICE OF MOTION and motion by defendant Kevin A. Malone, defendant Krupnick Campbell in limine # 2 to strike certain unsworn, unauthenticated, and hearsay documents ; memorandum in support of motion; declaration of James Kawashima; exhibits 1 - 3; certificate of service - set for 9:00 5/27/05 before Judge Susan Oki Mollway (SEALED) (afc)
May 17, 2005 Filing 195 NOTICE OF MOTION and motion by defendant Kevin A. Malone, defendant Krupnick Campbell in limine # 1 to limit the 12 plaintiffs' fee forfeiture claims to less than the amount the Krupnick firm was paid from recoveries ; memorandum in support of motion; certificate of service - set for 9:00 5/27/05 before Judge Susan Oki Mollway (afc)
May 17, 2005 Filing 194 DESIGNATIONS of deposition transcript of the testimony of Rodney W. Smith; certificate of service - by defendant Kevin A. Malone, defendant Krupnick Campbell (afc)
May 17, 2005 Filing 193 DESIGNATIONS of deposition transcripts of the testimonies of Jerry W. Ashby, Patrick W. Lee, Michael Levy, John F. Schmutz and Edgar S. Wollard, Jr.; certificate of service - by defendant Kevin A. Malone, defendant Krupnick Campbell (afc)
May 17, 2005 Filing 192 Defendants' FINDINGS of fact and conclusions of law and order [order not included in this document]; certificate of service - referred to Judge Susan Oki Mollway (afc) Modified on 05/17/2005
May 17, 2005 Opinion or Order Filing 191 ORDER GRANTING ex parte motion to shorten time on request to certify questions; ORDER DENYING request to certify questions by Judge Susan Oki Mollway [187-1,2], [188-1] (cc: all counsel) [court grants ex parte motion to shorten time, and opts to decide without a hearing the M/certification] (afc) Modified on 05/17/2005
May 17, 2005 Filing 190 NOTICE OF MOTION and motion by defendant Kevin A. Malone, defendant Krupnick Campbell for certification of questions to the Supreme Court of Hawaii ; memorandum in support of motion; certificate of service - referred to Judge Susan Oki Mollway (afc) Modified on 05/17/2005
May 17, 2005 Filing 189 EX PARTE MOTION by defendant Kevin A. Malone, defendant Krupnick Campbell to shorten time on hearing defendants' motion for certification of questions to the Supreme Court of Hawaii ; declaration of James Kawashima; proposed order; certificate of service - referred to Judge Susan Oki Mollway all counsel) (afc) Modified on 05/17/2005
May 17, 2005 Filing 188 FINAL WITNESS list; [certificate of service] - submitted by defendant Kevin A. Malone, defendant Krupnick Campbell (afc)
May 16, 2005 Filing 187 EO: Further Settlement Conference (Day 1) set for 5/18/2005 at 3:00 PM before Judge Chang. Further Settlement Conference to continue on 5/19/05 at 9:30am (Day 2) and 5/20/05 at 9:30am (Day 3). cc: all counsel via fax () JUDGE Mag Judge Kevin S. Chang (afc)
May 13, 2005 Filing 186 EP: Status Conference. Discussion held regarding the mediation which did not result in a settlement. Court to make one last attempt to settle case. Subject to Mr. Agena's confirmation of his calendar, Further Settlement Conference set 5/19/05 at 9:30 before Judge Chang. Settlement may continue to 5/20/05 at 9:30am. Mr. Kawashima to inform the court no later than Monday of next week whether defendant and defendant's carrier will appear in person. (Ct Rptr: C-335 - No Record) JUDGE Mag Judge Kevin S. Chang (afc)
May 11, 2005 Filing 185 EO: Status Conference set for 5/13/2005 at 9:15 AM before Judge Chang. cc: all counsel via fax () JUDGE Mag Judge Kevin S. Chang (afc)
May 5, 2005 Filing 184 EP: 1. Status Conference; 2. Final Pretrial Conference - Counsel confirmed that mediation will occur on May 9 and 10, 2005. The court to be available to provide assistance, if requested, to the mediator and the parties. Counsel affirmed the representations contained in their Pretrial Statements regarding the number and identities of lay and expert witnesses. Non jury trial expected to last one to two weeks. The court advised counsel that Judge Mollway may request a further pretrial conference prior to the trial date. Judge Mollway will allow the following 5/10/05 deadlines to be moved to 5/17/05:motions in limine; witness list; exchange exhibit and demonstrative aids; stipulations re admissibility; deposition designations. The following 5/17/05 deadlines will be moved to 5/24/05: opposition to motions in limine; objections to exhibits; deposition counter designations. The 5/17/2005 deadline for Trial Briefs and Findings of Fact shall remain. (Ct Rptr: C6-No Record) JUDGE Mag Judge Kevin S. Chang (afc)
April 29, 2005 Filing 183 Defendants' REPLY MEMORANDUM in support of their motion addressing the Order of the Court on motion for summary judgment and to strike entered on March 23, 2005, which motion seeks relief under Local Rule 60.1(c) and FRCP 60(b)(6) and, in the alternative, for clarification of the March 23, 2005 order [169-1]; defendants' counsel certificate of compliance with Local Rules 56.1(d) and 7.5; certificate of service (SEALED) (afc)
April 28, 2005 Opinion or Order Filing 182 ORDER directing attendance at mediation by Mag Judge Kevin S. Chang (cc: all counsel) (afc)
April 28, 2005 ORIGINAL TRANSCRIPT filed ( Ct Rptr/ESR Juvelynn Punzal) taken on 02/01/05 (lmg)
April 27, 2005 Filing 181 EP: Final Pretrial Conference. Final Pretrial Conference continued to 5/5/05 at 9:00am before Judge Chang. Mediation is set for 5/9/05 and 5/10/05 before Mediator Clyde Matsui. A pre-mediation conference was held this morning with Mr. Matsui. Counsel shall submit to the court the representative names/titles to be included in the Order Directing Mediation. Judge Mollway will hold off ruling on the Motion for Reconsideration until after the Mediation. The issue regarding the unsealing of the Order Granting in Part and Denying in Part Plaintiffs' Motion for Summary Judgment, etc. shall be addressed with Judge Mollway [161-1]. Counsel stipulate to continue the deadline for Exchange Exhibit and Demonstrative aids from 5/3/05 to 5/10/05. Status Conference set 5/5/05 at 9:00am before Judge Chang along with the Final Pretrial Conference. [final pretrial conference set for 9:00 5/5/05 KSC; status conference set for 9:00 5/5/05 before Mag Judge Kevin S. Chang] (Ct Rptr: C5-No Record) JUDGE Mag Judge Kevin S. Chang (afc)
April 26, 2005 Opinion or Order Filing 180 ORDER DIRECTING MEDIATION by Mag Judge Kevin S. Chang for appointment of mediator Clyde Wm. Matsui (cc: all counsel) (afc)
April 26, 2005 Filing 179 EP: Further Status Conference. Counsel have agreed upon a mediation date of 5/9/05 and 5/10/05 with Mediator Clyde Matsui. They will have a pre-mediation conference tomorrow to set out the guidelines. The court will enter an Order Directing Mediation. Any relief as to deadlines shall be addressed with Judge Mollway. (Ct Rptr: C5-No Record) JUDGE Mag Judge Kevin S. Chang (afc)
April 26, 2005 Filing 178 EO: At counsel's request, the time for the Final Pretrial Conference set for 4/27/2005 at 9:00 AM has been moved to 9:45 AM on 4/27/2005 before Judge Chang. Cheryl from Mr. Kawashima's office to notify all parties. () JUDGE Mag Judge Kevin S. Chang (afc)
April 20, 2005 Filing 177 FINAL PRETRIAL STATEMENT; [certificate of service] - by defendant Kevin A. Malone, defendant Krupnick Campbell (afc)
April 20, 2005 Filing 176 FINAL PRETRIAL STATEMENT; exhibit 1; certificate of service - by plaintiffs (afc)
April 20, 2005 Filing 175 EP: Status Conference. Now that Judge Mollway's order on summary judgment has been issued, the court suggests a further settlement conference or that counsel consider mediation. All counsel are in agreement with mediation. Counsel shall speak with their respective clients/representatives and inform the court of the selected mediator at the Further Status Conference set 4/26/05 at 9:30am before Judge Chang. Court will thereafter enter an Order Appointing Mediator (Ct Rptr : C5-No Record) JUDGE Mag Judge Kevin S. Chang (afc)
April 19, 2005 Filing 174 EO: Status Conference set for 4/20/2005 at 9:30 a.m. before Mag Judge Kevin S. Chang. cc: all counsel via fax () JUDGE Judge Kevin S. Chang (afc)
April 18, 2005 Filing 173 Plaintiffs' MEMORANDUM IN OPPOSITIOn to defendants' motion addressing the Order of the Court on motion for summary judgment and to strike entered on March 23, 2005, which motion seeks relief under Local Rule 60.1(c) and FRCP 60(b)(6) and, in the alternative, for clarification of the March 23, 2005 order [169-1]; declaration of Melvin Y. Agena; exhibits 1 and 2; certificate of service (SEALED) (afc)
April 15, 2005 Filing 172 EO: The court orders that the Order Granting in Part and Denying in Part Plaintiffs' Motion for Summary Judgment; Order Granting In Part and Denying in Part Defendants' Motion for Summary Judgment; Order Denying Motions to Strike (filed March 23, 2005) be UNSEALED. [161-1] () JUDGE Judge Susan Oki Mollway (afc)
April 12, 2005 Filing 171 ERRATA by defendant Kevin A. Malone, defendant Krupnick Campbell to (1) The affidavit of Kevin A. Malone and the affidavit of Wayne Parsons attached to defendants' separate concise statement of facts filed under seal on January 7, 2005, and (2) affidavit II of Kevin A. Malone attached to defendants' response to plaintiffs' statement of facts and defendants' additional facts filed under seal on January 27, 2005; declaration of Michael A. Lilly; exhibits A and B; certificate of service [78-1], [80-1], [91-1], [55-1] (SEALED) (afc) Modified on 04/15/2005
April 8, 2005 Filing 170 CERTIFICATE of service by defendant Kevin A. Malone, defendant Krupnick Campbell (afc)
April 7, 2005 Filing 169 MOTION by defendant Kevin A. Malone, defendant Krupnick Campbell addressing the Order of the Court on motion for summary judgment and to strike entered on March 23, 2005, which motion seeks relief under Local Rule 60.1(c) and FRCP 60(b)(6) and, in the alternative, for clarification of the March 23, 2005 order ; memorandum in support of defendants' motion; declaration of Michael A. Lilly; exhibit A; certificate of service - referred to Judge Susan Oki Mollway (SEALED) (afc)
April 7, 2005 Filing 168 CERTIFICATE of service - filed by plaintiffs (afc)
April 6, 2005 Filing 167 EO: Continued : [Final Pretrial Conference] from 04/25/2005 09:00:00 AM to 04/27/2005 09:00:00 AM before KSC. Lindsey from Melvin Y. Agena's office to notify parties. () JUDGE Judge Kevin S. Chang (afc)
April 4, 2005 Filing 166 CERTIFICATE of service by defendant Kevin A. Malone, defendant Krupnick Campbell (afc)
April 4, 2005 Filing 165 CERTIFICATE of service by defendant Kevin A. Malone, defendant Krupnick Campbell (afc)
April 1, 2005 Filing 164 CERTIFICATE of service - by plaintiffs (afc)
March 29, 2005 Filing 163 CERTIFICATE of service - by plaintiffs (afc)
March 24, 2005 Filing 162 CERTIFICATE of service - filed by plaintiffs (afc)
March 23, 2005 Opinion or Order Filing 161 ORDER GRANTING in part and DENYING in part plaintiffs' motion for summary judgment [55-1]; ORDER GRANTING in part and DENYING in par defendants' motion for summary judgment [78-1]; ORDER DENYING motions to strike [76-1] [103-1] by JUDGE SUSAN OKI MOLLWAY - [This ORDER IS TEMPORARILY SEALED BY ORDER OF COURT] [This order unsealed by minute order (doc 172) dated 04/15/05 and entered by Judge Susan Oki Mollway] (afc) Modified on 04/17/2005
March 22, 2005 Filing 160 CERTIFICATE of service by defendant Kevin A. Malone, defendant Krupnick Campbell (afc)
March 21, 2005 Filing 159 EP: Status Conference Re: Final Discovery Details. Discussion held regarding setting of depositions. Counsel to draft a Stipulation Regarding Discovery for the court's approval. (Ct Rptr: C5-No Record) JUDGE Mag Judge Kevin S. Chang (afc)
March 18, 2005 Filing 158 EO: Status Conference Re: Final Discovery Details set for 3/21/2005 at 9:00 AM before Judge Chang. Trudy from James Kawashima's office to notify all parties. () JUDGE Mag Judge Kevin S. Chang (afc)
March 18, 2005 Filing 157 CERTIFICATE of service - by plaintiffs (afc)
March 18, 2005 Filing 156 CERTIFICATE of service - by plaintiffs (afc)
March 16, 2005 Filing 155 STIPULATION for partial dismissal with prejudice [re: NEAL OKIMOTO dba Pacific Paradise Orchids] - by Judge Susan Oki Mollway - filed by defendants Kevin A. Malone and Krupnick Campbell Malone Buser Slama Hancock Liberman & McKee P.A. terminating party Neal Okimoto (afc)
March 16, 2005 Filing 154 STIPULATION for partial dismissal with prejudice [re: RONALD OKAZAKI and DORA OKAZAKI, dba Lehua Anthurium Nurseries] - by Judge Susan Oki Mollway - filed by defendants Kevin A. Malone and Krupnick Campbell Malone Buser Slama Hancock Liberman & McKee P.A. terminating party Ronald Okazaki, party Dora Okazaki (afc)
March 16, 2005 Filing 153 STIPULATION for partial dismissal with prejudice [re: PETER KINCAID, dba ANUENUE FARMS] - by Judge Susan Oki Mollway - filed by defendants Kevin A. Malone and Krupnick Campbell Malone Buser Slama Hancock Liberman & McKee P.A. terminating party Peter Kincaid (afc)
March 16, 2005 Filing 152 CERTIFICATE of service by plaintiffs (afc)
March 14, 2005 Filing 151 EP: Defendants' Motion for Summary Judgment and/or Dismissal; Plaintiffs' Motion for Summary Judgment to Find That Defendants Breached Their Fiduciary Duty of Loyalty to Plaintiffs Requiring Defendants to Forfeit Their Attorneys' Fees; Defendants' Kevin A. Malone, and Krupnick Campbell Malone Roselli Buser & Slama, a Florida Corporation's Motion to Strike (A) Declarations of Melvin Y. Agena; (B) Plaintiff's Motion for Summary Judgment; (C) Portions of Plaintiffs' Memorandum in Support of Motion; (D) Certain Exhibits, and (E) Plaintiffs' Concise Statement of Facts in Support of Plaintiffs' Motion for Summary Judgment filed November 15, 2004; and Defendants' Motion to Strike Plaintiff's Purported Amended Concise Statement of Facts filed Without Leave of Court on January 27, 2005 - Arguments. All motions taken under advisement. court to issue a written ruling [103-1], [76-1], [78-1], [55-1] (Ct Rptr: Debra Chun) by Judge Susan O. Mollway (gs)
March 14, 2005 Filing 150 CERTIFICATE of service by plaintiff Floral Resources/Haw (gs)
March 14, 2005 Filing 149 CERTIFICATE of service by plaintiff Floral Resources/Haw (gs)
March 14, 2005 Filing 148 Supplemental DECLARATION of Michael A. Lilly; Exhibits D-E; Certificate of Service (gs)
March 14, 2005 Filing 147 DECLARATION of Counsel Re: Plaintiffs' Memorandum in Opposition to Defendants' Motion for Summary Judgment and/or Dismissal, filed January 7, 2005; Exhibit 1 and Certificate of Service by plaintiff Floral Resources/Haw re [78-1] (gs)
March 14, 2005 Filing 146 DECLARATION of Counsel Re: Plaintiffs' Motion for Summary Judgment to find that Defendants Breached Their Fiduciary Duty of Loyalty to Plaintiffs Requiring Defendants to Forfeit Their Attorneys Fees, Filed November 15, 2004; Exhibits 1 to 3; and Certificate of Service by plaintiff Floral Resources/Haw re [55-1] (gs)
March 11, 2005 Filing 145 DECLARATION of Michael A. Lilly; Exhibits A-C; Certificate of Service re [103-1], re [76-1], re [78-1] (gs)
March 7, 2005 Filing 144 AMENDED CERTIFICATE of service - by plaintiffs (afc)
March 7, 2005 Filing 143 CERTIFICATE of service by plaintiffs (afc)
March 3, 2005 Filing 142 REPLY MEMORANDUM by defendants in support of their motion to strike Plaintiffs' purported amended separate concise statement of facts filed without leave of court on 1/27/05 [103-1]; certificate of service (afc)
March 3, 2005 Filing 141 REPLY MEMORANDUM by defendants in support of their motion for summary judgment and/or dismissal [78-1]; affidavit of Michael A. Lilly; exhibits A-E; defendants' counsel's certificate of compliance with Local Rule 56.1(d) and 7.5; certificate of service (SEALED) (afc)
March 3, 2005 Filing 140 REPLY MEMORANDUM by plaintiffs in support of their motion for summary judgment to find that defendants breached their fiduciary duty of loyalty to plaintiffs requiring defendants to forfeit their attorneys' fees [55-1]; declaration of Melvin Y. Agena; exhibits 39-42; certificate of compliance with Local Rule 7.5 and 53.1(D); certificate of service (SEALED) (afc)
March 3, 2005 Filing 139 REPLY MEMORANDUM by defendant Kevin A. Malone, defendant Krupnick Campbell in SUPPORT of their motion to strike (A) Declarations of Melvin Y. Agena; (B) Plaintiff's Motion for Summary Judgment; (C) Portions of Plaintiffs' Memorandum in Support of Motion; (D) Certain Exhibits, and (E) Plaintiffs' Statement of Facts in Support of Plaintiffs' Motion for Summary Judgment filed November 15, 2004 [76-1]; declaration of Michael A. Lilly; exhibits E and F; certificate of service (afc)
March 1, 2005 Filing 138 JUDGE'S DISCLOSURE (cc: all counsel + atty Chan P. Townsley) (afc)
March 1, 2005 Filing 137 CERTIFICATE of service by defendant Kevin A. Malone, defendant Krupnick Campbell (afc)
February 24, 2005 Filing 136 DECLARATION of Melvin Y. Agena in support of plaintiffs' memorandum in opposition to defendants' motion to strike plaintiffs' purported amended separate concise statement of facts filed without leave of court on January 27, 2005, filed February 8, 2005; and certificate of service - by plaintiffs [134-1][103-1] (afc)
February 24, 2005 Filing 135 SEPARATE CONCISE STATEMENT OF FACTS by plaintiffs in support of their memorandum in opposition to defendants' motion for summary judgment and/or dismissal, filed January 7, 2005 [78-1]; certificate of compliance and certificate of service (SEALED) (afc)
February 24, 2005 Filing 134 MEMORANDUM by plaintiffs in opposition to defendants' motion to strike Plaintiffs' purported amended separate concise statement of facts filed without leave of court on 1/27/05, filed 02/08/05 [103-1]; declaration of Melvin Y. Agena; exhibit 1 and certificate of service (afc)
February 24, 2005 Filing 133 PART 2 OF 2: Plaintiffs' MEMORANDUM in opposition to defendants' motion for summary judgment and/or dismissal, filed 01-07-05 [78-1]; declaration of Melvin Y. Agena; declaration of James A. Kawachika; exhibits 1 to 51 [part 2 of 2 of this document contains exhibit numbers 31 to 51]; certificate of compliance and certificate of service (SEALED) (afc)
February 24, 2005 Filing 132 PART 1 OF 2: Plaintiffs' MEMORANDUM in opposition to defendants' motion for summary judgment and/or dismissal, filed 01-07-05 [78-1]; declaration of Melvin Y. Agena; declaration of James A. Kawachika; exhibits 1 to 51 [part 1 of 2 of this document contains exhibit numbers 1 to 30]; certificate of compliance and certificate of service (SEALED) (afc) Modified on 02/25/2005
February 24, 2005 Filing 131 STIPULATION for leave to amend case caption; exhibit A by Judge Susan Oki Mollway - filed by defendants Kevin A. Malone and Krupnick Campbell Malone Buser Slama Hancock Liberman & McKee P.A. [case caption amended as set forth in exhibit A and listed as: Plaintiffs = Floral Resources/Hawai'i, Inc.; Green Point Nurseries, Inc.; Daniel Hata dba Hata Farm; Albert Isa dba Albert Isa Nursery; Peter Kincaid dba Anuenue Farms; Mae's Nursery; Mark Nozaki dba Nozaki Farms; Carl Okamoto dba Carl Okamoto & dba Lehua Tropical Flowers; Wade Okamoto dba Paradise Anthuriums; Ronald Okazaki and Dora Okazaki dba Lehua Anthurium Nurseris Neal Okimoto dba Pacific Paradise Orchids; Puna Flowers & Foliage, Inc.; George Shiroma dba G. Shiroma Farms; Henry M. Terada and Loraine Y. Terada dba H & L Terada Farm; Vantanage Partners; Defendants = Kevin A. Malone; Krupnick Campbell Malone Roselli Buser & Slama, a Florida Professional Association; John Does 1-10; Doe Partnerships, Corporations, and/or Other Entities 1-10] (afc) Modified on 02/25/2005
February 24, 2005 Filing 130 STIPULATION for partial dismissal with prejudice [re: DWIGHT WALKER, JR., and BERNICE WALKER dba PUNA OHANA FLOWERS] - by Judge Susan Oki Mollway - filed by defendants Kevin A. Malone and Krupnick Campbell Malone Buser Slama Hancock Liberman & McKee P.A. terminating party Dwight Walker, party Bernice Walker (afc)
February 24, 2005 Filing 129 STIPULATION for partial dismissal with prejudice [re: WAIAKEA PARTNERS] - by Judge Susan Oki Mollway - filed by defendants Kevin A. Malone and Krupnick Campbell Malone Buser Slama Hancock Liberman & McKee P.A. terminating party Waiakea Partners (afc)
February 24, 2005 Filing 128 STIPULATION for partial dismissal with prejudice [re: SAMUEL H. TAKA and SYLVIA A. TAKA dba S.TAKA] - by Judge Susan Oki Mollway - filed by defendants Kevin A. Malone and Krupnick Campbell Malone Buser Slama Hancock Liberman & McKee P.A. terminating party Sylvia A. Taka, party Samuel H. Taka (afc)
February 24, 2005 Filing 127 STIPULATION for partial dismissal with prejudice [re: SUNSHINE FARMS] - by Judge Susan Oki Mollway - filed by defendants Kevin A. Malone and Krupnick Campbell Malone Buser Slama Hancock Liberman & McKee P.A. terminating party Sunshine Farms (afc)
February 24, 2005 Filing 126 STIPULATION for partial dismissal with prejudice [re: ORCHID PARTNERS] - by Judge Susan Oki Mollway - filed by defendants Kevin A. Malone and Krupnick Campbell Malone Buser Slama Hancock Liberman & McKee P.A. terminating party Orchid Partners (afc)
February 24, 2005 Filing 125 STIPULATION for partial dismissal with prejudice [re: CLYDE OKAMOTO dba HO'ONANEA FARMS] - by Judge Susan Oki Mollway - filed by defendants Kevin A. Malone and Krupnick Campbell Malone Buser Slama Hancock Liberman & McKee P.A. terminating party Clyde Okamoto (afc)
February 24, 2005 Filing 124 STIPULATION for partial dismissal with prejudice [re: JEFFREY NEWMAN dba NEWMAN'S NURSERIES] - by Judge Susan Oki Mollway - filed by defendants Kevin A. Malone and Krupnick Campbell Malone Buser Slama Hancock Liberman & McKee P.A. terminating party Jeffrey Newman (afc)
February 24, 2005 Filing 123 STIPULATION for partial dismissal with prejudice [re: CURTIS Y. NAKAOKA dba KONA GROWN NURSERIES] - by Judge Susan Oki Mollway - filed by defendants Kevin A. Malone and Krupnick Campbell Malone Buser Slama Hancock Liberman & McKee P.A. terminating party Curtis Y. Nakaoka (afc)
February 24, 2005 Filing 122 STIPULATION for partial dismissal with prejudice [re: MALAAI PARTNERS] - by Judge Susan Oki Mollway - filed by defendants Kevin A. Malone and Krupnick Campbell Malone Buser Slama Hancock Liberman & McKee P.A. terminating party Malaai Partners (afc)
February 24, 2005 Filing 121 STIPULATION for partial dismissal with prejudice [re: KUPULAU ANTHURIUM PARTNERS] - by Judge Susan Oki Mollway - filed by defendants Kevin A. Malone and Krupnick Campbell Malone Buser Slama Hancock Liberman & McKee P.A. terminating party Kupulau Anthurium Pa (afc)
February 24, 2005 Filing 120 STIPULATION for partial dismissal with prejudice [re: KAIMU NURSERY, INC.] - by Judge Susan Oki Mollway - filed by defendants Kevin A. Malone and Krupnick Campbell Malone Buser Slama Hancock Liberman & McKee P.A. terminating party Kaimu Nursery, Inc. (afc)
February 24, 2005 Filing 119 STIPULATION for partial dismissal with prejudice [re: GLENWOOD CYMBIDIUM PARTNERS] - by Judge Susan Oki Mollway - filed by defendants Kevin A. Malone and Krupnick Campbell Malone Buser Slama Hancock Liberman & McKee P.A. terminating party Glenwood Cymbidium P (afc)
February 24, 2005 Filing 118 STIPULATION for partial dismissal with prejudice [re: EXOTICS HAWAII-KONA, INC.] - by Judge Susan Oki Mollway - filed by defendants Kevin A. Malone and Krupnick Campbell Malone Buser Slama Hancock Liberman & McKee P.A. terminating party Exotics Hawaii Kona, (afc)
February 24, 2005 Filing 117 STIPULATION for partial dismissal with prejudice [re: EXOTICS HAWAII, LTD.] - by Judge Susan Oki Mollway - filed by defendants Kevin A. Malone and Krupnick Campbell Malone Buser Slama Hancock Liberman & McKee P.A. terminating party Exotics Hawaii Ltd. (afc)
February 24, 2005 Filing 116 STIPULATION for partial dismissal with prejudice [re: CYMBIDIUM PARTNERS] - by Judge Susan Oki Mollway - filed by defendants Kevin A. Malone and Krupnick Campbell Malone Buser Slama Hancock Liberman & McKee P.A. terminating party Cymbidium Partners (afc)
February 24, 2005 Filing 115 STIPULATION for partial dismissal with prejudice [re: BIG ROCK ANTHURIUMS, INC.] - by Judge Susan Oki Mollway - filed by defendants Kevin A. Malone and Krupnick Campbell Malone Buser Slama Hancock Liberman & McKee P.A. terminating party Big Rock Anthuriums (afc)
February 24, 2005 Filing 114 STIPULATION for partial dismissal with prejudice [re: ANDRAEA PARTNERS] - by Judge Susan Oki Mollway - filed by defendants Kevin A. Malone and Krupnick Campbell Malone Buser Slama Hancock Liberman & McKee P.A. terminating party Andraea Partners (afc)
February 24, 2005 Filing 113 CERTIFICATE of service (lmg)
February 23, 2005 Filing 112 CERTIFICATE of service by defendant Kevin A. Malone, defendant Krupnick Campbell (afc)
February 15, 2005 Filing 111 CERTIFICATE of service by defendant Kevin A. Malone, defendant Krupnick Campbell (afc) Modified on 02/17/2005
February 14, 2005 Filing 110 CERTIFICATE of service by defendants (afc) Modified on 02/17/2005
February 14, 2005 Filing 109 CERTIFICATE of service by defendants (afc) Modified on 02/17/2005
February 14, 2005 Opinion or Order Filing 108 ORDER granting in part and denying in part defendants Kevin A. Malone and Krupnick Campbell Malone Buser Slama Hancock Liberman & McKee P.A.'s motion for protection [85-1] - by Mag Judge Kevin S.C. Chang - filed by defts (afc) Modified on 02/17/2005
February 11, 2005 Filing 107 AMENDED CERTIFICATE of service by defendants Kevin A. Malone and Krupnick Campbell Malone, et al. (afc) Modified on 02/17/2005
February 11, 2005 Filing 106 CERTIFICATE of service by plaintiffs (afc) Modified on 02/17/2005
February 10, 2005 Filing 105 CERTIFICATE of service by defendant Kevin A. Malone, defendant Krupnick Campbell (gab)
February 8, 2005 Opinion or Order Filing 104 STIPULATION and ORDER by Judge Susan O. Mollway to continue hearing on : setting hearing on motion to strike (A) Declarations of Melvin Y. Agena; (B) Plaintiff's Motion for Summary Judgment; (C) Portions of Plaintiffs' Memorandum in Support of Motion; (D) Certain Exhibits, and (E) Plaintiffs' Concise Statement of Facts in Support of Plaintiffs' Motion for Summary Judgment filed November 15, 2004 [76-1] 10:30 3/14/05, setting hearing on motion for summary judgment to find that defendants breached their fiduciary duty of loyalty to plaintiffs requiring defendants to forfeit their attorneys' fees [55-1] 10:30 3/14/05 (gab)
February 8, 2005 Filing 103 NOTICE OF MOTION and motion by defendant Kevin A. Malone, defendant Krupnick Campbell to strike Plaintiffs' purported amended separate concise statement of facts filed without leave of court on 1/27/05 memorandum in support of motion to strike defendants' motion to strike plaintiffs' purported amended separate concise statement of facts filed without leave of court on 1/27/2005; declaration of Michael A. Lilly; exhibits A and B; certificate of service; set for 10:30 3/14/05 before Judge Susan O. Mollway (gab)
February 3, 2005 Filing 102 STIPULATION for PARTIAL DISMISSAL with Prejudice [re: Flowers, Inc., and Kona Orchids, Inc.] by Judge Susan Oki Mollway - filed by defendants [purs to FRCP 41(a)(1), plaintiffs FLOWERS, INC. and KONA ORCHIDS, INC. stipulate to dismiss their cases against deft Kevin A. Malone and deft Krupnick Campbell Malone Buser Slama Hancock McNelis Liberman & McKee P.A. (erroneously referred to as "Krupnick Campbell Malone Roselli Buser & Slama"); each party to bear own costs and attorney fees] dismissing party plaintiff Flowers, Inc., and party plaintiff Kona Orchids, Inc. (afc)
February 1, 2005 Filing 101 EP: 1. Further Hearing on Defendants Kevin A. Malone and Krupnick Campbell Malone Buser Slama Hancock Liberman & McKee P.A.'s Motion for Protection 2. Settlement Conference 1. Further Hearing on Defendants Kevin A. Malone and Krupnick Campbell Malone Buser Slama Hancock Liberman & McKee P.A.'s Motion for Protection. Motion granted in part and denied in part. Mr. Kawashima to prepare the order. 2. Settlement Conference. Settlement conference held. No settlement. Parties too far apart. Case returned for trial. [85-1] (Ct Rptr: FTR C5; Time: 10:39-10:46:43 a.m.(motion) AND Time of 10:50-11:45 a.m. for settlement conference held in chambers - no record) JUDGE Mag Judge Kevin S. Chang (afc)
February 1, 2005 Filing 100 AMENDED CERTIFICATE of compliance with LR 7.5(e) and amended certificate of service (re: plaintiffs' memo in opp to motion for protection) (afc) Modified on 02/02/2005
February 1, 2005 Filing 99 EO: Plaintiffs' Motion for Summary Judgment to Find That Defendants Breached Their Fiduciary Duty of Loyalty to Plaintiffs Requiring Defendants to Forfeit Their Attorneys' Fees and Defendants' Kevin A. Malone, and Krupnick Campbell Malone Roselli Buser & Slama, a Florida Corporation's Motion to Strike (A) Declarations of Melvin Y. Agena; (B) Plaintiff's Motion for Summary Judgment; (C) Portions of Plaintiffs' Memorandum in Support of Motion; (D) Certain Exhibits, and (E) Plaintiffs' Concise Statement of Facts in Support of Plaintiffs' Motion for Summary Judgment filed November 15, 2004 Set for 2/14/05 @ 9:00 a.m. are continued to 03/14/2005 10:30:00 AM before SOM. All parties notified by Mr. Kawashima. Mr. Kawashima to prepare the stipulation. cc: Judge Mollway's Chambers. [78-1] [76-1] () JUDGE Judge Susan Oki Mollway (afc)
February 1, 2005 Filing 98 NOTICE of Filing documents under seal - by plaintiffs [notice that documents filed by plaintiffs on January 27, 2005 -- document numbers [94-1], [95-1], and [96-1]-- are to be filed under seal, pursuant to a protection order entered in this action] (afc)
January 28, 2005 Filing 97 EP: Defendants Kevin A. Malone and Krupnick Campbell Malone Buser Slama Hancock Liberman & McKee P.A.'s Motion for Protection. Motion continued to 2/1/05 at 10:30am before Judge Chang. Counsel shall meet and confer no later then the close of business on 1/31/05 regarding the subject matter of this motion. Counsel to inform the court if this matter has been resolved. If no resolution, the court may appoint a Discovery Master. [85-1] (Ct Rptr: FTR C5; Time: 9:25-9:34) JUDGE Mag Judge Kevin S. Chang (afc)
January 27, 2005 Filing 96 PART 2 of 2: PLAINTIFFS' AMENDED SEPARATE CONCISE STATEMENT OF FACTS in Support of plaintiffs' M/SJ to find that defendants breached their fiduciary duty of loyalty to plaintiffs requiring defendants to forfeit their attorneys' fees; exhibits 26-38; plaintiffs' counsel's certification of compliance with Local Rules 56.1(D) and 7.5 and certificate of service [55-1] (SEALED) (afc) Modified on 02/01/2005
January 27, 2005 Filing 95 PART 1 of 2: PLAINTIFFS' AMENDED SEPARATE CONCISE STATEMENT OF FACTS in Support of plaintiffs' M/SJ to find that defendants breached their fiduciary duty of loyalty to plaintiffs requiring defendants to forfeit their attorneys' fees; declaration of Melvin Y. Agena; declaration of Chan P. Townsely; declaration of James A. Kawachika; exhibits 1 to 38 [note this pleading contains exhibits 1-25]; [in Part 2 of 2, this pleading consists of Exhibits 26 - 38; plaintiffs' counsel's certification of compliance with Local Rules 56.1(D) and 7.5 and certificate of service] [55-1] (SEALED) (afc) Modified on 02/01/2005
January 27, 2005 Filing 94 MEMORANDUM by plaintiffs in opposition to defendants' motion to strike (A) Declarations of Melvin Y. Agena; (B) Plaintiff's Motion for Summary Judgment; (C) Portions of Plaintiffs' memorandum in Support of Motion; (D) Certain Exhibits, and (E) Plaintiffs' Concise Statement of Facts in Support of Plaintiffs' Motion for Summary Judgment filed November 15, 2004 [76-1]; declaration of Melvin Y. Agena; declaration of Chan P. Townsley; exhibits 1 to 19; certificate of service (SEALED) (afc) Modified on 02/01/2005
January 27, 2005 Filing 93 ERRATA by defendant Kevin A. Malone, defendant Krupnick Campbell to their memorandum in support of motion for protection filed 01/18/05; exhibit A; certificate of service [85-1] (afc)
January 27, 2005 Filing 92 MEMORANDUM OF LAW by defendant Kevin A. Malone, defendant Krupnick Campbell IN OPPOSITION to plaintiffs' motion for summary judgment filed 11/15/04 [55-1]; defendants' counsel's certificate of compliance with Local Rule 56.1(d) and 7.5; certificate of service (SEALED) (afc)
January 27, 2005 Filing 91 RESPONSE by defendant Kevin A. Malone, defendant Krupnick Campbell to plaintiffs' statement of facts and defendants' additional facts; affidavit II of Kevin A. Malone in opposition to plaintiffs' motion for summary judgment filed 11/15/04 [55-1]; affidavit of Robert J. McKee; declaration of Rodney W. Smith; affidavit of Michael A. Lilly; exhibits 30-40; defendants' counsel's certificate of compliance with Local Rules 56.1(d) and 7.5; certificate of service (SEALED)(afc) Modified on 01/28/2005
January 26, 2005 Filing 90 REPLY BRIEF by defendant Kevin A. Malone, defendant Krupnick Campbell in support of their motion for protection (for an of protection re: disclosures or discovery sought by plaintiffs' third requests for admissions, answers to interrogatories, and production of documents to defendants Malone and the Krupnick Firm, dated 10/18/04) [85-1]; declaration of Michael A. Lilly; exhibits P - V; certificate of service (afc)
January 25, 2005 Filing 89 NOTICE by plaintiffs of filing confidential settlement conference statement; certificate of service [notice that settlement conference statment was served upon the Court in this case] (afc)
January 24, 2005 Filing 88 MEMORANDUM by plaintiffs in opposition to defendants' motion for protection (for an order of protection re: disclosures or discovery sought by plaintiffs' third requests for admissions, answers to interrogatories, and production of documents to defendants Malone and the Krupnick Firm, dated 10/18/04) [85-1]; certificate of compliance with LR 7.5(e) and certificate of service (afc)
January 20, 2005 Filing 87 EO: At plaintiff's request and with no objection from Mr. Kawashima, Defendants Kevin A. Malone and Krupnick Campbell Malone Buser Slama Hancock Liberman & Mckee P.A.'s Motion for Protection set for 1/25/2005 at 9:30 AM has been continued to 1/28/2005 at 9:15 AM before Judge Chang. Susan from Mr. Agena's office to notify all parties. [85-1] () JUDGE Mag Judge Kevin S. Chang (afc)
January 18, 2005 Filing 86 EO: Defendants' Ex Parte Motion to Shorten Time on Hearing Defendants Kevin A. Malone and Krupnick Campbell Malone Buser Slama Hancock Liberman & Mckee P.A.'s Motion for Protection or for Extension of Time to Respond to Plaintiffs' Third Request for Discovery has been granted by Judge Chang. Defendants Kevin A. Malone and Krupnick Campbell Malone Buser Slama Hancock Liberman & Mckee P.A.'s Motion for Protection set for 1/25/2005 at 9:30 AM before Judge Chang. Opposition due: 1/21/2005 at close of business Reply due: 1/24/2005 at close of business cc: all counsel via fax [85-1] () JUDGE Mag Judge Kevin S. Chang (afc)
January 18, 2005 Filing 85 NOTICE OF MOTION and motion by defendant Kevin A. Malone, defendant Krupnick Campbell for protection (for an order of protection re: disclosures or discovery sought by plaintiffs' third requests for admissions, answers to interrogatories, and production of documents to defendants Malone and the Krupnick Firm, dated 10/18/04) ; MEMORANDUM in support of motion; declaration of James Kawashima; declaration of Michael A. Lilly; exhibits A to O; certificate of service - set for 9:30 1/25/05 before Mag Judge Kevin S. Chang (afc)
January 18, 2005 Opinion or Order Filing 84 EX PARTE MOTION by defendant Kevin A. Malone, defendant Krupnick Campbell to shorten time on hearing defendants' motion for protection or for extension of time to respond to plaintiffs' third request for discovery ; declaration of James Kawashima; ORDER by Mag Judge Kevin S.C. Chang (granting ex parte motion); certificate of service - motion to be set for hearing 01/25/05 9:30 before Mag Judge Kevin S.C. Chang (afc)
January 13, 2005 Filing 83 CERTIFICATE of service by defendant Kevin A. Malone, defendant Krupnick Campbell (afc)
January 11, 2005 Filing 82 AMENDED NOTICE by defendant Kevin A. Malone, defendant Krupnick Campbell of hearing setting hearing on motion for summary judgment and/or dismissal [78-1] - set for 10:30 3/14/05 before Judge Susan Oki Mollway (afc)
January 11, 2005 Filing 81 AMENDED NOTICE by defendant of hearing re: defendants' motion to strike (A) Declarations of Melvin Y. Agena; (B) Plaintiff's Motion for Summary Judgment; (C) Portions of Plaintiffs' Memorandum in Support of Motion; (D) Certain Exhibits, and (E) Plaintiffs' Concise Statement of Facts in Support of Plaintiffs' Motion for Summary Judgment filed November 15, 2004 [76-1] - motion to strike set for hearing 9:00 2/14/05 before Judge Susan Oki Mollway (afc)
January 7, 2005 Filing 80 SEPARATE CONCISE STATEMENT of facts; affidavit of Kevin A. Malone; declaration of Professor Lynn A. Baker; exhibit A; affidavit of Wayne Parsons; affidavit of Dean M. Matsukawa; exhibit A; affidavit of Michael A. Lilly; exhibits 1-29; defendants' counsel's certificate of compliance with LR 56.1(d) and 7.5; certificate of service - by defendant Kevin A. Malone, defendant Krupnick Campbell [78-1] (SEALED) (afc) Modified on 01/10/2005
January 7, 2005 Filing 79 MEMORANDUM OF LAW by defendant Kevin A. Malone, defendant Krupnick Campbell in SUPPORT of motion for summary judgment and/or dismissal [78-1]; defendants' counsel's certificate of compliance with LR 56.1(d) and 7.5; certificate of service (SEALED) (afc) Modified on 01/10/2005
January 7, 2005 Filing 78 NOTICE OF MOTION and motion by defendant Kevin A. Malone, defendant Krupnick Campbell for summary judgment and/or dismissal ; certificate of service - set for 10:30 3/14/05 before Judge Susan Oki Mollway (afc)
January 7, 2005 Filing 77 CERTIFICATE of service - by plaintiffs (afc)
January 7, 2005 Filing 76 NOTICE OF MOTION and motion by defendant Kevin A. Malone, defendant Krupnick Campbell to strike (A) Declarations of Melvin Y. Agena; (B) Plaintiff's Motion for Summary Judgment; (C) Portions of Plaintiffs' Memorandum in Support of Motion; (D) Certain Exhibits, and (E) Plaintiffs' Concise Statement of Facts in Support of Plaintiffs' Motion for Summary Judgment filed November 15, 2004 ; memorandum in support of motion; affidavit of Kevin A. Malone in support of motion; affidavit of Michael A. Lilly; exhibits A to D; certificate of service - set for 9:00 2/14/05 before Judge Susan Oki Mollway (afc)
January 6, 2005 Filing 75 EO: Final Pretrial Conference currently set for 4/19/2005 at 9:00 AM has been continued to 4/25/2005 at 9:00 AM before Judge Chang. cc: all counsel of record via mail () JUDGE Mag Judge Kevin S. Chang (afc)
January 3, 2005 Opinion or Order Filing 74 EX PARTE MOTION by defendant Kevin A. Malone, defendant Krupnick Campbell to FILE UNDER SEAL: (1) defendants' memorandum in support of M/SJ; (2) defendants' concise statement of facts, and (3) attached exhibits, declarations, and affidavits; declaration of Michael A. Lilly; ORDER by Mag Judge Kevin S.C. Chang granting ex parte motion; certificate of service (afc)
December 30, 2004 Filing 73 CERTIFICATE of service by defendant Kevin A. Malone, defendant Krupnick Campbell (afc)
December 9, 2004 Filing 72 CERTIFICATE of service by defendant Kevin A. Malone, defendant Krupnick Campbell (afc)
December 9, 2004 Filing 71 CERTIFICATE of service by defendant Kevin A. Malone, defendant Krupnick Campbell (afc)
December 8, 2004 Filing 70 CERTIFICATE of service by defendant Kevin A. Malone, defendant Krupnick Campbell (afc)
December 8, 2004 Filing 69 CERTIFICATE of service by defendant Kevin A. Malone, defendant Krupnick Campbell (afc)
December 3, 2004 Filing 68 SECOND AMENDED RULE 16 SCHEDULING ORDER Mag Judge Kevin S. Chang (cc: all counsel) (afc)
December 3, 2004 Filing 67 EP: Status Conference. New trial date given. Second Amended Rule 16 Scheduling Conference Order to be issued. 1. Non-jury trial on June 1, 2005 at 9:00 a.m. before SOM 2. Final Pretrial Conference on April 19, 2005 at 9:00 a.m. before KSC 3. Final Pretrial Conference before District Judge N/A 4. Final Pretrial Statement by April 12, 2005 5. File motions to Join/Add Parties/Amend Pleadings by (CLOSED) 6. File other Non-Dispositive Motions by March 2, 2005 7. File Dispositive Motions by January 7, 2005 8a. File Motions in Limine by May 10, 2005 8b. File opposition memo to a Motion in Limine by May 17, 2005 11a. Plaintiff's Expert Witness Disclosures by (CLOSED) 11b. Defendant's Expert Witness Disclosures by (CLOSED) 12. Discovery deadline April 1, 2005 13. Settlement Conference set for 2/1/2005 at 11:00am before KSC 14. Settlement Conference statements by 1/25/2005 20. Submit Voir Dire Questions, Special Verdict Form, Concise Statement of Case and Jury Instructions by N/A 21. File Final witness list by May 10, 2005 24. Exchange Exhibit and Demonstrative aids by May 3, 2005 25. Stipulations re: Authenticity/Admissibility of Proposed Exhibits by May 10, 2005 26. File objections to the Exhibits by May 17, 2005 28a. File Deposition Excerpt Designations by May 10, 2005 28b. File Deposition Counter Designations and Objections by May 17, 2005 29. File Trial Brief by May 17, 2005 30. File Findings of Fact & Conclusions of Law by May 17, 2005 Other Matters: None. [Trial set for 9:00 6/1/05 before Judge Susan Oki Mollway ; final pretrial conference set for 9:00 4/19/05 before Mag Judge Kevin S. Chang ; Discovery ddl set for 4/1/05; Motion filing ddl set for 1/7/05; settlement conference set for 11:00 2/1/05 before Mag Judge Kevin S. Chang] (Ct Rptr: C5-No Record) JUDGE Mag Judge Kevin S. Chang (afc)
December 3, 2004 Filing 66 CERTIFICATE of service by plaintiffs (afc)
December 3, 2004 Filing 65 CERTIFICATE of service by defendant Kevin A. Malone, defendant Krupnick Campbell (afc)
December 2, 2004 Filing 64 EP: Status Conference. Discussion held regarding deadlines. Court suggested counsel contact Judge Mollway's courtroom manager for further direction. At counsel's request, the Settlement Conference currently set for 12/13/04 has been continued to 1/4/05 at 10:00am before Judge Chang. EO: Status Conference set for 12/3/04 at 10:00am before Judge Chang. Counsel to participate by phone. Cheryl from Mr. Kawashima's office to notify all counsel. (Ct Rptr: C5-No Record) JUDGE Mag Judge Kevin S. Chang (afc)
December 2, 2004 Filing 63 EO: To minimize the possibility that unauthorized persons will gain access to sealed documents, attorneys of record (Melvin Agena, C. Bryan Fitzgerald, Mark Hutton, Ke-Ching Ning, Michael Lilly, Jeannie Jang, James Kawashima, Randall Yamamoto and Brian Hiyane) seeking to view sealed documents must present identification, along with a copy of this docket entry and the earlier docket entry regarding sealed documents. Any attorney of record who asks a member of his or her staff to examine sealed documents must have that staff member show the Clerk's Office (1) copies of this and the earlier docket entries, (2) a declaration by counsel identifying the staff member as authorized to view sealed documents, (3) counsel's business card, and (4) the staff member's identification. cc: all counsel of record, and Judge Mollway's Chambers. [62-1,2] () JUDGE Judge Susan Oki Mollway (afc)
December 1, 2004 Filing 62 EO: Attorneys of record and their staff may review the files in this case, including sealed documents. Attorneys and attorneys' staff should show a copy of this note to the Clerk's Office staff when requesting sealed documents. cc: all counsel of record, and Judge Mollway's Chambers. () JUDGE Judge Susan Oki Mollway (afc)
December 1, 2004 Filing 61 CERTIFICATE of service by defendant Kevin A. Malone, defendant Krupnick Campbell (afc)
November 23, 2004 Filing 60 EO: At defendant's request, Status conference set for 9:00 12/2/04 before Mag Judge Kevin S. Chang ; Cheryl from Mr. Kawashima's office to notify all parties () JUDGE Judge Kevin S. Chang (afc)
November 19, 2004 Filing 59 CERTIFICATE of service by defendants (afc)
November 19, 2004 Filing 58 CERTIFICATE of service by defendants (afc)
November 15, 2004 Filing 57 SEPARATE CONCISE STATEMENT of facts by plaintiffs in support of their motion for summary judgment to find that defendants breached their fiduciary duty of loyalty to plaintiffs requiring to forfeit their attorneys' fees [55-1]; certificate of service (SEALED) (afc)
November 15, 2004 Filing 56 MEMORANDUM by plaintiffs in support of their motion for summary judgment to find that defendants breached their fiduciary duty of loyalty to plaintiffs requiring defendants to forfeit their attorneys' fees [55-1]; exhibits 7 to 11; 26 and 27; certificate of compliance with LR 7.5(e) and certificate of service (SEALED) (afc)
November 15, 2004 Filing 55 NOTICE OF MOTION and motion by plaintiffs for summary judgment to find that defendants breached their fiduciary duty of loyalty to plaintiffs requiring defendants to forfeit their attorneys' fees ; declaration of Melvin Y. Agena; exhibits 1 to 33; certificate of service - HEARING set for 9:00 2/14/05 before Judge Susan Oki Mollway (afc)
November 12, 2004 Filing 54 CERTIFICATE of service - by defendants Kevin A. Malone and Krupnick Campbell Malone Buser Slama Hancock Liberman & McKee P.A. (afc)
November 8, 2004 Filing 53 CERTIFICATE of service by defendant Kevin A. Malone, defendant Krupnick Campbell (sealed)
November 8, 2004 Filing 52 CERTIFICATE of service by defendant Kevin A. Malone, defendant Krupnick Campbell (sealed)
November 8, 2004 Filing 51 CERTIFICATE of service by defts Kevin Malone, Krupnick Malone Buser Slama Hancock Liberman & McKee P.A. (sealed)
November 8, 2004 Filing 50 CERTIFICATE of service by Defts Kevin Malone, Krupnick Campbell Malone, Buser Hancock Liberman & McKee P.A. (sealed)
November 5, 2004 Filing 49 CERTIFICATE of service by defendant Kevin A. Malone, defendant Krupnick Campbell (sealed)
November 3, 2004 Filing 48 Third STIPULATION for Extension of Time to File Defendants' Expert Report by Mag Judge Kevin S. Chang (gs)
November 1, 2004 Opinion or Order Filing 47 EX PARTE MOTION and Order by Judge Susan O. Mollway by plaintiff Andraea Partners to file under seal 1) Plaintiffs' memorandum in support of their motion for summary judgment to find that defendants breached their fiduciary duty of loyalty to Plaintiffs requiring Defendants to forfeit their attorneys fees, 2) Plaintiffs exhibits 7-11 and 26-27, and 3) Plaintiffs' separate concise statement of facts; declaration of Melvin Y. Agena; and certificate of service (gab)
October 28, 2004 Filing 46 Supplemental DECLARATION of Melvin Y. Agena by plaintiff Andraea Partners et al. in support of ex parte motion to file under seal 1) Plaintiffs' memorandum in support of their motion for summary judgment to find that defendants breached their fiduciary duty of loyalty to Plaintiffs requiring defendants to forfeit their attorneys' fees, 2) Plaintiffs' exhibits 7-11 and 26-27, and 3) Plaintiffs' separate concise statement of facts; and certificate of service (gab)
October 27, 2004 Filing 45 CERTIFICATE of service by defendants Kevin A. Malone and Krupnick Campbell Malone Roselli Buser & Slama (afc)
October 26, 2004 Filing 44 CERTIFICATE of service by defendant Kevin A. Malone, defendant Krupnick Campbell (afc)
October 21, 2004 Filing 43 AMENDED RULE 16 SCHEDULING ORDER Mag Judge Kevin S. Chang (cc: all counsel) (afc) Modified on 02/22/2005
October 21, 2004 Filing 42 EP: Status Conference Regarding Trial Date. New trial date given. Amended Rule 16 Scheduling Conference Order to be issued. 1. Non-jury trial on April 12, 2005 at 9:00 a.m. before SOM 2. Final Pretrial Conference on March 1, 2005 at 9:00 a.m. before KSC 3. Final Pretrial Conference before District Judge N/A 4. Final Pretrial Statement by February 22, 2005 5. File motions to Join/Add Parties/Amend Pleadings by (CLOSED) 6. File other Non-Dispositive Motions by January 12, 2005 7. File Dispositive Motions by November 12, 2004 8a. File Motions in Limine by March 22, 2005 8b. File opposition memo to a Motion in Limine by March 29, 2005 11a. Plaintiff's Expert Witness Disclosures by (CLOSED) 11b. Defendant's Expert Witness Disclosures by November 10, 2004 12. Discovery deadline February 11, 2005 13. Settlement Conference set for 12/13/2004 at 10:00am before KSC 14. Settlement Conference statements by 12/6/2004 20. Submit Voir Dire Questions, Special Verdict Form, Concise Statement of Case and Jury Instructions by N/A 21. File Final witness list by March 22, 2005 24. Exchange Exhibit and Demonstrative aids by March 15, 2005 25. Stipulations re: Authenticity/Admissibility of Proposed Exhibits by March 22, 2005 26. File objections to the Exhibits by March 29, 2005 28a. File Deposition Excerpt Designations by March 22, 2005 28b. File Deposition Counter Designations and Objections by March 29, 2005 29. File Trial Brief by March 29, 2005 30. File Findings of Fact & Conclusions of Law by March 29, 2005 Other Matters: None. [status conference held 10/21/04 before Mag Judge Kevin S. Chang ; Trial set for 9:00 4/12/05 before Judge Susan Oki Mollway ; final pretrial set for 9:00 3/1/05 before Mag Judge Kevin S. Chang ; Discovery ddl set for 2/11/05; Motion filing ddl set for 11/12/04; settlement conference set for 10:00 12/13/04 before Mag Judge Kevin S. Chang] (Ct Rptr: C5 - No Record) JUDGE Mag Judge Kevin S. Chang (afc)
October 20, 2004 Filing 41 CERTIFICATE of service by plaintiffs (afc)
October 19, 2004 Filing 40 CERTIFICATE of service by plaintiffs (afc) Modified on 10/21/2004
October 18, 2004 Filing 39 EO: Status Conference Regarding the Trial Date, etc.(Per Judge Mollway's Instruction on the First Stipulation for Extension of time to file dispositive Motions filed on October 15, 2004) set for 10/21/2004 09:00 AM before Judge Chang. Mr. Lilly's Office to notify all Counsel of this Status Conference Date. () JUDGE Judge Kevin S. Chang (afc)
October 13, 2004 Filing 38 SECOND STIPULATION for extension of time to file defendants' expert report by Mag Judge Kevin S. Chang - filed by defendants - deft ddl expert reports: 11/10/04 (afc)
October 13, 2004 Filing 37 FIRST STIPULATION for extension of time to file dispositive motions by Judge Susan Oki Mollway - filed by defendants - [Motion filing ddl set for 11/12/04 ; notation by Judge Mollway: "Trial shall be continued to a date the parties must obtain from the Magistrate Judge. Trial shall be continued no more than 1 month."] (cc: KSC; KSC CRM; SOM CRM) (afc)
October 1, 2004 Filing 36 CERTIFICATE of service - filed by defendants Kevin A. Malone and Krupnick Campbell Malone Buser Slama Hancock McNelis Liberman & McKee P.A. (afc)
September 20, 2004 Filing 35 CERTIFICATE of service by plaintiff (afc)
September 14, 2004 Filing 34 CERTIFICATE of service by plaintiff Andraea Partners (afc)
September 10, 2004 Filing 33 Plaintiffs' FIRST STIPULATION for extension of time to file plaintiffs' and defendants' expert reports - by Mag Judge Kevin S.C. Chang [expert report deadlines: plaintiffs = 09/27/04; defendants = 10/27/04] (afc)
July 23, 2004 Filing 32 SUGGESTION OF DEATH of Rozak Bisel (General Partner of plaintiff Sunshine Farms); exhibit 1; certificate of service - filed by plaintiffs (afc)
July 20, 2004 Filing 31 CERTIFICATE of service - by defendants (afc)
March 29, 2004 Filing 30 CERTIFICATE of service by plaintiff Andraea Partners (fe)
March 29, 2004 Filing 29 NOTICE by plaintiff Andraea Partners of change of address of plaintiffs' counsel and certificate of service - Counsel Bryan Fitzgerald has been changed to Fitzgerald Law Firm, 905 Spencer Street, Suite 601, Honolulu, Hawaii 96827, telephone No. (808)277-9363 (fe)
March 25, 2004 Filing 28 EP : Status Conference. Discussion held regarding confidentiality order. Mr. Fitzgerald to resolve with DuPont. settlement/status conference held 3/25/04 before Mag Judge Kevin S. Chang ( Ct Rptr : no record) JUDGE Mag Judge Kevin S. Chang (fe)
March 24, 2004 Filing 27 EO: Status Conference set for 3/25/2004 at 9:00 AM before Judge Chang. Channel Townsley to participate by phone. Susan from Mel Agena's office to notify all parties. () JUDGE Mag Judge Kevin S. Chang (afc)
March 16, 2004 Opinion or Order Filing 26 ORDER regarding production of depositions by Mag Judge Kevin S. Chang - filed by defendants (afc)
February 10, 2004 Filing 25 CERTIFICATE of service by defendant Kevin A. Malone, defendant Krupnick Campbell (afc)
February 10, 2004 Filing 24 CERTIFICATE of service by defendant Kevin A. Malone, defendant Krupnick Campbell (afc)
February 10, 2004 Filing 23 CERTIFICATE of service by defendant Kevin A. Malone, defendant Krupnick Campbell (afc)
February 5, 2004 Filing 22 CERTIFICATE of service - filed by plaintiffs (afc)
February 5, 2004 Filing 21 CERTIFICATE of service - filed by plaintiffs (afc)
January 28, 2004 Filing 20 CERTIFICATE of service by defendants (afc)
January 7, 2004 Filing 19 CERTIFICATE of service by plaintiff Andraea Partners (fe)
January 7, 2004 Opinion or Order Filing 18 CONSENT PROTECTIVE ORDER by Mag Judge Kevin S. Chang : re [17-1]; exhibit a - on behalf of defendants (fe)
December 12, 2003 Filing 17 EP: Status Conference. The Court scheduled this Status Conference upon receipt of the letter from Warren Price. Counsel again encouraged to meet and confer regarding production of documents for use in this case and issues related to existing protective orders. Status Conference held 12/12/03 before Mag Judge Kevin S. Chang (Ct Rptr: C5 - No Record) JUDGE Mag Judge Kevin S. Chang (afc)
December 8, 2003 Filing 16 CERTIFICATE of service by defendants (afc)
December 5, 2003 Filing 15 EO :Status Conference is set for 12/12/2003 at 9:00 AM before Judge Chang. James Kawashima to participate by phone and notify all parties. status conference set for 9:00 12/12/03 before Mag Judge Kevin S. Chang ( Ct Rptr : ) JUDGE Mag Judge Kevin S. Chang (fe)
December 1, 2003 Filing 14 EO: Status Conference set for 12/12/2003 at 9:00 AM before Judge Chang. Michael Lilly to participate by phone and notify all parties. () JUDGE Mag Judge Kevin S. Chang (afc)
November 21, 2003 Filing 13 EO: A Status Conference will be set for 12/12/2003 at 9:00 AM before Judge Chang regarding the November 19, 2003 letter from Warren Price. Mr. Price is also invited to attend this Status Conference. cc: all counsel of record via mail () JUDGE Mag Judge Kevin S. Chang (afc)
November 21, 2003 Filing 12 EO: The time for the Settlement Conference set for 11/18/2004 at 2:00 PM has been changed to 11/18/2004 at 11:00 AM before Judge Chang. cc: all counsel of record () JUDGE Mag Judge Kevin S. Chang (afc)
November 12, 2003 Filing 11 RULE 16 SCHEDULING ORDER Mag Judge Kevin S. Chang (cc: all counsel) (afc)
November 10, 2003 Filing 10 EP: Rule 16 Scheduling Conference- 1. Non-jury trial on March 15, 2005 at 9:00 a.m. before SOM 2. Final Pretrial Conference on February 1, 2005 at 9:00 a.m. before KSC 3. Final Pretrial Conference before District Judge N/A 4. Final Pretrial Statement by January 25, 2005 5. File motions to Join/Add Parties/Amend Pleadings by August 13, 2004 6. File other Non-Dispositive Motions by December 15, 2004 7. File Dispositive Motions by October 13, 2004 8a. File Motions in Limine by February 22, 2005 8b. File opposition memo to a Motion in Limine by March 1, 2005 11a. Plaintiff's Expert Witness Disclosures by September 13, 2004 11b. Defendant's Expert Witness Disclosures by October 13, 2004 12. Discovery deadline January 14, 2005 13. Settlement Conference set for November 18, 2004 at 2:00 p.m. before KSC 14. Settlement Conference statements by November 10, 2004 20. Submit Voir Dire Questions, Special Verdict Form, Concise Statement of Case and Jury Instructions by N/A 21. File Final witness list by February 22, 2005 24. Exchange Exhibit and Demonstrative aids by February 15, 2005 25. Stipulations re: Authenticity/Admissibility of Proposed Exhibits by February 22, 2005 26. File objections to the Exhibits by March 1, 2005 28a. File Deposition Excerpt Designations by February 22, 2005 28b. File Deposition Counter Designations and Objections by March 1, 2005 29. File Trial Brief by March 1, 2005 30. File Findings of Fact & Conclusions of Law by March 1, 2005 [rule 16 scheduling conference held on 9:00 11/10/03 before Mag Judge Kevin S. Chang ; Trial set for 9:00 3/15/05 before Judge Susan Oki Mollway ; final pretrial set for 9:00 2/1/05 before Mag Judge Kevin S. Chang ; Discovery ddl set for 1/14/05; Motion filing ddl set for 10/13/04; settlement conference set for 2:00 11/18/04 before Mag Judge Kevin S. Chang] (Ct Rptr: None) JUDGE Mag Judge Kevin S. Chang (afc)
October 30, 2003 Filing 9 SCHEDULING CONFERENCE STATEMENT by plaintiffs; certificate of service (afc)
October 28, 2003 Filing 8 SCHEDULING CONFERENCE STATEMENT; certificate of service - by defendant Kevin A. Malone, defendant Krupnick Campbell (afc)
October 20, 2003 Filing 7 APPEARANCE OF COUNSEL for plaintiffs; certificate of service - by Mark B. Hutton, Esq. (afc)
October 17, 2003 Filing 6 REPORT OF PARTIES PLANNING MEETING; exhibit 1; certificate of service - by plaintiff Andraea Partners (afc)
October 16, 2003 Filing 5 NOTICE OF APPEARANCE OF CO-COUNSEL for defendants Kevin A. Malone, and Krupnick Campbell Malone Buser Slama Hancock McNelis Liberman and McKee, P.A.'s; certificate of service - [law firm of Watanabe Ing Kawashima & Komeiji LLP; attorneys: James Kawashima, Randall Y. Yamamoto & Brian Y. Hiyane] (afc)
September 12, 2003 Filing 4 Submission of Third Circuit Court pleadings by defendants; exhibit a; exhibits 1-5 (fe)
August 12, 2003 Filing 3 ANSWER by defendant Kevin A. Malone, defendant Krupnick Campbell etc. to complaint; certificate of service [1-1] (afc)
August 12, 2003 Opinion or Order Filing 2 ORDER by Judge David A. Ezra rule 16 conference set for 9:00 11/10/03 before Mag Judge Kevin S. Chang (afc)
August 12, 2003 Filing 1 NOTICE OF REMOVAL by defendants Kevin A. Malone and Krupnick Campbell Malone Buser Slama Hancock McNelis Liberman & McKee P.A.; exhibit A; certificate of service - REMOVAL from Circuit Court of the Third Circuit State of Hawaii; Case Number: 03-1-0108K (afc)
August 12, 2003 FILING FEE PAID in the amount of $150.00, receipt # 217524 (afc)

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Search for this case: Floral Resources, et al v. Kevin A. Malone, et al
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Plaintiff: Kaimu Nursery, Inc.
Represented By: C. Bryan Fitzgerald
Represented By: Melvin Y. Agena
Represented By: Mark B. Hutton
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Plaintiff: Clyde Okamoto
Represented By: C. Bryan Fitzgerald
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Represented By: Mark B. Hutton
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Plaintiff: Albert Isa
Represented By: C. Bryan Fitzgerald
Represented By: Melvin Y. Agena
Represented By: Mark B. Hutton
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Plaintiff: Exotics Hawaii Kona, Inc.
Represented By: C. Bryan Fitzgerald
Represented By: Melvin Y. Agena
Represented By: Mark B. Hutton
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Plaintiff: Daniel Hata
Represented By: C. Bryan Fitzgerald
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Plaintiff: Peter Kincaid
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Plaintiff: Mark Nozaki
Represented By: C. Bryan Fitzgerald
Represented By: Melvin Y. Agena
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Plaintiff: Neal Okimoto
Represented By: C. Bryan Fitzgerald
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Plaintiff: Dora Okazaki
Represented By: C. Bryan Fitzgerald
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Plaintiff: Kona Orchids, Inc.
Represented By: C. Bryan Fitzgerald
Represented By: Melvin Y. Agena
Represented By: Mark B. Hutton
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Plaintiff: Jeffrey Newman
Represented By: C. Bryan Fitzgerald
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Plaintiff: Kupulau Anthurium Partners
Represented By: C. Bryan Fitzgerald
Represented By: Melvin Y. Agena
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Plaintiff: Puna Flowers & Foliage, Inc.
Represented By: C. Bryan Fitzgerald
Represented By: Melvin Y. Agena
Represented By: Mark B. Hutton
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Plaintiff: Ronald Okazaki
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Plaintiff: Orchid Partners
Represented By: C. Bryan Fitzgerald
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Plaintiff: Cymbidium Partners
Represented By: C. Bryan Fitzgerald
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Plaintiff: Sunshine Farms
Represented By: C. Bryan Fitzgerald
Represented By: Melvin Y. Agena
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Plaintiff: Flowers, Inc.
Represented By: C. Bryan Fitzgerald
Represented By: Melvin Y. Agena
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Plaintiff: Wade Okamoto
Represented By: C. Bryan Fitzgerald
Represented By: Melvin Y. Agena
Represented By: Mark B. Hutton
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Plaintiff: Waiakea Partners
Represented By: C. Bryan Fitzgerald
Represented By: Melvin Y. Agena
Represented By: Mark B. Hutton
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Plaintiff: Dwight Walker, Jr.
Represented By: C. Bryan Fitzgerald
Represented By: Melvin Y. Agena
Represented By: Mark B. Hutton
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Plaintiff: Curtis Y. Nakaoka
Represented By: C. Bryan Fitzgerald
Represented By: Melvin Y. Agena
Represented By: Mark B. Hutton
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Plaintiff: Exotics Hawaii Ltd.
Represented By: C. Bryan Fitzgerald
Represented By: Melvin Y. Agena
Represented By: Mark B. Hutton
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Plaintiff: Samuel H. Taka
Represented By: C. Bryan Fitzgerald
Represented By: Melvin Y. Agena
Represented By: Mark B. Hutton
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Plaintiff: Loraine Y. Terada
Represented By: C. Bryan Fitzgerald
Represented By: Melvin Y. Agena
Represented By: Mark B. Hutton
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Plaintiff: Green Point Nurseries, Inc.
Represented By: C. Bryan Fitzgerald
Represented By: Melvin Y. Agena
Represented By: Mark B. Hutton
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Plaintiff: Bernice Walker
Represented By: C. Bryan Fitzgerald
Represented By: Melvin Y. Agena
Represented By: Mark B. Hutton
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Plaintiff: Floral Resources/Hawaii, Inc.
Represented By: C. Bryan Fitzgerald
Represented By: Melvin Y. Agena
Represented By: Mark B. Hutton
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Plaintiff: Andraea Partners
Represented By: C. Bryan Fitzgerald
Represented By: Melvin Y. Agena
Represented By: Mark B. Hutton
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Plaintiff: Mae's Nursery
Represented By: C. Bryan Fitzgerald
Represented By: Melvin Y. Agena
Represented By: Mark B. Hutton
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Plaintiff: Big Rock Anthuriums, Inc.
Represented By: C. Bryan Fitzgerald
Represented By: Melvin Y. Agena
Represented By: Mark B. Hutton
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Plaintiff: Sylvia A. Taka
Represented By: C. Bryan Fitzgerald
Represented By: Melvin Y. Agena
Represented By: Mark B. Hutton
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Plaintiff: Glenwood Cymbidium Partners
Represented By: C. Bryan Fitzgerald
Represented By: Melvin Y. Agena
Represented By: Mark B. Hutton
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Plaintiff: George Shiroma
Represented By: C. Bryan Fitzgerald
Represented By: Melvin Y. Agena
Represented By: Mark B. Hutton
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Plaintiff: Malaai Partners
Represented By: C. Bryan Fitzgerald
Represented By: Melvin Y. Agena
Represented By: Mark B. Hutton
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Plaintiff: Carl Okamoto
Represented By: C. Bryan Fitzgerald
Represented By: Melvin Y. Agena
Represented By: Mark B. Hutton
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Plaintiff: Henry M. Terada
Represented By: C. Bryan Fitzgerald
Represented By: Melvin Y. Agena
Represented By: Mark B. Hutton
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Plaintiff: Vantanage Partners
Represented By: C. Bryan Fitzgerald
Represented By: Melvin Y. Agena
Represented By: Mark B. Hutton
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Defendant: Kevin A. Malone
Represented By: Michael A. Lilly
Represented By: Brian Y. Hiyane
Represented By: Ke-Ching Ning
Represented By: Randall Y. Yamamoto
Represented By: Jeannie H. Jang
Represented By: James Kawashima
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Defendant: Doe Corporations 1-10
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Defendant: Other Entities 1-10
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Defendant: Doe Partnerships 1-10
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Defendant: Krupnick Campbell Malone Roselli Buser & Slama
Represented By: Michael A. Lilly
Represented By: Brian Y. Hiyane
Represented By: Ke-Ching Ning
Represented By: Randall Y. Yamamoto
Represented By: Jeannie H. Jang
Represented By: James Kawashima
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Defendant: John Does 1-10
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Undetermined: Clyde Wm. Matsui
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