Schmidt v. Fidelity National Title Insurance Company et al
| Thomas F. Schmidt |
| Fidelity National Title Insurance Company, John Does 1-10, Jane Does 1-10 and Doe Corporations, Partnerships and/or Other Entities 1-10 |
| 1:2007cv00356 |
| July 3, 2007 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| Hawaii |
| LESLIE E KOBAYASHI |
| SUSAN OKI MOLLWAY |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
320
ORDER ADOPTING 246 MAGISTRATE JUDGE LESLIE E. KOBAYASHI'S FEBRUARY 5, 2009 FINDINGS AND RECOMMENDATION AS MODIFIED AND GRANTING FIDELITY'S MOTION TO STRIKE THIRD-PARTY DEFENDANTS' COUNTERCLAIM IN ITS ENTIRETY (Doc. 204). Signed by Se nior JUDGE HELEN GILLMOR on September 21, 2009. (bbb, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on 09/22/2009
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Filing
312
ORDER AFFIRMING 300 MAGISTRATE JUDGE LESLIE E. KOBAYASHI'S JUNE 18, 2009, ORDER DENYING MOTION TO SUSPEND PRETRIAL DEADLINES AND DENYING MOTION TO STRIKE (DOC. 297) AND ORDER ADOPTING MAGISTRATE JUDGE LESLIE E. KOBAYASHI'S JUNE 18, 2009, 298 FINDINGS AND RECOMMENDATION TO DENY THIRD-PARTY DEFENDANTS' MOTION TO DISMISS. Signed by JUDGE HELEN GILLMOR on August 31, 2009. (bbb, ) CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on 09/01/2009.
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Filing
304
ORDER ADOPTING REPORT OF SPECIAL MASTER ON DEFENDANT'S 299 MOTION FOR ATTORNEYS' FEES. Signed by Senior JUDGE HELEN GILLMOR on July 28, 2009. (bbb, )
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Filing
299
REPORT OF SPECIAL MASTER ON DEFENDANT'S 222 MOTION FOR ATTORNEYS' FEES: "In accordance with the foregoing, this Court, acting as Special Master, HEREBY FINDS and RECOMMENDS that Defendant's Motion for Attorneys' Fees fil ed January 14, 2009, be GRANTED IN PART AND DENIED IN PART. The Court RECOMMENDS that, after the entry of judgment, the district judge award Defendant $11,843.97 in attorneys' fees. IT IS SO FOUND AND RECOMMENDED.". Objections to F&R due by 7/23/2009. Signed by Magistrate JUDGE LESLIE E KOBAYASHI on June 30, 2009. (bbb, )
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Filing
298
EO: FINDINGS AND RECOMMENDATIONS to Deny 289 MOTION to Dismiss filed by Damon L. Schmidt, Lorinna J. Schmidt by JUDGE LESLIE E KOBAYASHI on 6/18/2009. (wnn, )
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Filing
246
FINDINGS AND RECOMMENDATIONS TO GRANT IN PART AND DENY IN PART 204 FIDELITY NATIONAL TITLE INSURANCE COMPANY'S MOTION TO STRIKE THIRD-PARTY DEFENDANTS DAMON L. SCHMIDT AND LORINNA SCHMIDT'S THIRD-PARTY COUNTERCLAIM. Signed by JUDGE LESLIE E KOBAYASHI on 2/5/2009. (afc)
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Filing
245
ORDER DENYING PLAINTIFF'S 228 MOTION FOR RECONSIDERATION OF 213 ORDER DENYING HIS MOTION FOR LEAVE TO DISMISS COMPLAINT PURSUANT TO RULE 19(B) OF THE FEDERAL RULES OF CIVIL PROCEDURE OR, IN THE ALTERNATIVE, TO AMEND THE COMPLAINT AND TO ADD DEFENDANTS. Signed by Magistrate JUDGE LESLIE E KOBAYASHI on February 5, 2009. (bbb, )
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Filing
239
ORDER DENYING PLAINTIFF'S 207 MOTION FOR ORDER PERMITTING REOPENING OF DEPOSITION OF MICHAEL NEKOBA. Signed by Magistrate JUDGE LESLIE E KOBAYASHI on February 3, 2009. (bbb, )
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Filing
236
ORDER GRANTING FIDELITY'S 187 MOTION FOR RECONSIDERATION OF 213 ORDERDENYING FIDELITY NATIONAL TITLE INSURANCE COMPANY'S EMERGENCY MOTION FOR INSTRUCTIONS ON GARNISHEE SUMMONS AND ORDER, FILED SEPTEMBER 18, 2007, FILED NOVEMBER 28, 2008 : "On the basis of the foregoing, Fidelity's Motion for Reconsideration, filed December 1, 2008, is HEREBY GRANTED. The Court FINDS that: the outstanding funds owed to Fidelity as the subrogee and assignee on the Option One Mortgage, in the amount of $1,331,951.01 as of December 5, 2008, are subject to the Hawaii Escrow Garnishee Order; and the Disputed Funds cannot be distributed as provided in the Settlement Statement at the closing of Escrow Number 7003557. This Court HEREBY DIRECTS Hawaii Escrow & Title, Inc. to hold the amounts listed at Lines 701-02, 1309-11, and 1313 of the Settlement Statement until further order of the Court. The Court also WITHDRAWS its prior finding that the amounts that Fidelity may recover fro m the Schmidts in this action are not subject to the Hawaii Escrow Garnishee Order. The Court, however, declines to rule upon this issue at this time. IT IS SO ORDERED." Signed by Magistrate JUDGE LESLIE E KOBAYASHI on February 2, 2009. (bbb, )
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Filing
171
ORDER DENYING THIRD-PARTY DEFENDANTS' 108 MOTION TO ABSTAIN BY EITHER DISMISSING FIDELITY NATIONAL TITLE INSURANCE COMPANY'S FIRST AMENDED PLEADINGS FILED JUNE 2, 2008, WITHOUT PREJUDICE AND DISMISSING THIS ENTIRE ACTION WITHOUT PREJUDICE , OR IN THE ALTERNATIVE, BY STAYING THIS ENTIRE ACTION IN FAVOR OF THE TWO RELATED STATE COURT ACTIONS IN THE THIRD CIRCUIT COURT PENDING THEIR FINAL RESOLUTION, AND FOR AN EXTENSION OF TIME TO RESPOND TO THE FIRST AMENDED THIRD-PARTY COMPLAINT UNTIL THE DISPOSITION OF THIS MOTION BY THIS COURT; AND ORDER DENYING THIRD-PARTY DEFENDANTS' 109 APPEAL OF THE JULY 14, 2008 ORDER ENTERED BY THE UNITED STATES MAGISTRATE JUDGE. Signed by Chief JUDGE HELEN GILLMOR on November 26, 2008. (bbb, )
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Filing
151
ORDER DENYING COUNTERCLAIM DEFENDANT'S 143 Motion MOTION TO RECUSE MAGISTRATE JUDGE LESLIE E. KOBAYASHI. Signed by Chief JUDGE HELEN GILLMOR on November 18, 2008. (bbb, ) Modified on 11/21/2008 - updating "document type" to Opinion (bbb, ).
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