Jou v. Adalian et al
| Emerson M.F. Jou |
| Gregory M. Adalian and Does 1-30 |
| 1:2009cv00226 |
| May 19, 2009 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| Honolulu |
| KEVIN S.C. CHANG |
| J. MICHAEL SEABRIGHT |
| Plaintiff |
| 28 U.S.C. ยง 1332 Diversity-Account Receivable |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
195
ORDER DECLARING THE APPLICABLE POST-JUDGMENT INTEREST RATE re: 189 . Signed by JUDGE J. MICHAEL SEABRIGHT on 11/23/2015. (afc)"[T]he court DETERMINES that the federal post-judgment interest rate set forth in 2 8 U.S.C. § 1961 applies to the December 23, 2010 Judgment. The court further finds that Defendant has paid such debt in full." CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing
161
ORDER (1) DENYING PLAINTIFF'S MOTION FOR AN ORDER FOR ARREST AND INCARCERATION OF CONTEMNOR-DEFENDANT GREGORY M. ADALIAN AND FOR ATTORNEYS' FEES AND COSTS, DOC. NO. 146 ; AND (2) VACATING ORDERS OF MAY 2, 2014, DOC. NO. 141 , AND JUNE 5, 2014, DOC. NO. 145 . Signed by JUDGE J. MICHAEL SEABRIGHT on 2/5/2015. (afc) Excerpt of conclusion: "[T]he amounts presently due are set forth in the original December 23, 2010 Judgment ($155,000 plus 6;6,365.36 in attorneys' fees and costs), plus additional post-judgment interest."December 23, 2010 Judgment: doc. no. 89 . Related: 80 , 82 . WRITTEN ORDER follows hearing on motion held 1/20/2015. Minutes of hearing : doc no. 159 . CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing
145
ORDER ADOPTING 144 THE MAGISTRATE JUDGE'S ORDER GRANTING 143 PLAINTIFF'S MOTION FOR RECONSIDERATION OF 142 MAGISTRATE JUDGE'S SUPPLEMENTAL FINDINGS AND RECOMMENDATION REGARDING AWARD OF ATTORNEYS' FEES AND COSTS. Signed by JUDGE J. MICHAEL SEABRIGHT on 6/5/2014. (afc)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing
141
ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION re: 139 . Signed by JUDGE J. MICHAEL SEABRIGHT on 5/2/2014. ~ Order adopts the "FINDINGS AND RECOMMENDATION TO GRANT IN PART AND DENY IN PART PLAINT IFF'S MOTION FOR AN ORDER THAT DEFENDANT GREGORY M. ADALIAN IS IN CONTEMPT OF COURT, FOR FINES AND OTHER RELIEF INCLUDING ATTORNEYS' FEES AND COSTS." ~ (afc)CERTIFICATE OF SERVICEParticip ants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing
127
ORDER ADOPTING MAGISTRATE JUDGE'S ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR RECONSIDERATION OF FINDINGS AND RECOMMENDATION TO GRANT IN PART AND DENY IN PART PLAINTIFF'S MOTION FOR AN ORDER THAT DEFENDANT GREGORY M. ADALIAN IS IN CONTEMPT OF COURT; FOR FINES AND OTHER RELIEF AND FOR ATTORNEYS' FEES AND COSTS 126 - Signed by JUDGE J. MICHAEL SEABRIGHT on 9/23/11. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Gregory Adalian served by first class mail at the address of record on September 23, 2011.
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Filing
88
ORDER ADOPTING THE NOVEMBER 19, 2010 FINDINGS AND RECOMMENDATION TO GRANT IN PART AND DENY IN PART PLAINTIFFS' MOTION TO ENFORECE SETTLEMENT AGREEMENT AND FOR DAMAGES, AND THE NOVEMBER 23, 2010 SUPPLEMENT TO THE FINDINGS AND RECOMMENDATION 80 , 82 - Signed by JUDGE J. MICHAEL SEABRIGHT on 12/23/10. ( "The court hereby orders as follows: 1. Defendant is ordered to pay $155,000 to Plaintiff within one week from the date of this Order -- that is, by December 30, 2010. Failure to pay this amount within one week may result in Defendant being found in contempt of this Order. 2. The court further awards Plaintiff $5,796.00 in attorneys' fees, $273.11 in tax, and $296.25 in costs, for a t otal of $6,365.36. Defendant must remit this payment to Plaintiff no later than one week from the date of this Order, by December 30, 2010. Failure to pay this amount within one week may result in Defendant being found in contempt of this Order. 3. Plaintiff's request for civil contempt, damages, and sanctions are DENIED. 4. The court directs the Clerk of Court to enter Judgment in the amount of $155,000 in favor of Plaintiff and against Defendant. The Second Amended Complaint , filed September 24, 2010, and all claims asserted therein, are dismissed with prejudice. The court retains jurisdiction to enforce the terms of the July 6, 2010 Settlement Agreement and Release between the parties.") (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing
82
Supplement to FINDINGS AND RECOMMENDATION To Grant In Part And Denying In Part Plaintiff Emerson M.F. Jou, M.D.'s Motion to Enforce Settlement And For Damages, Attorney's Fees, Costs and Judgment re 80 . Signed by JUDGE KEVIN S.C. CHANG o n 11/23/10. (gls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing
80
FINDINGS AND RECOMMENDATION TO GRANT IN PART AND DENY IN PART PLAINTIFF EMERSON M.F. JOU, M.D.'S MOTION TO ENFORCE SETTLEMENT AND FOR DAMAGES, ATTORNEY'S FEES, COSTS AND JUDGMENT (DOC NO. 69 ) - Signed by JUDGE KEVIN S.C. CHANG on 11/19/10 . ("IT IS HEREBY FOUND AND RECOMMENDED that Defendant GREGORY M. ADALIAN pay the $155,000.00 balance to Plaintiff EMERSON M.F. JOU, M.D. within one week from the date that the Honorable J. Michael Seabright, Judge of The Unit ed States District Court, District of Hawaii, takes final action on the Findings and Recommendation herein. IT IS FURTHER FOUND AND RECOMMENDED that Judgment in the amount of $155,000.00 be entered forthwith in favor of Plaintiff EMERSON M.F. J OU, M.D., and against Defendant GREGORY M. ADALIAN, and IT IS FURTHER FOUND AND RECOMMENDED that Plaintiff's request for civil contempt and Plaintiffs requests for damages and sanctions BE DENIED. Attorney Stephen M. Shaw is directed to submit h is Declaration to the Court setting forth his fees and costs reasonably incurred in bringing the instant Motion by November 22, 2010. The Court will thereafter supplement its Findings and Recommendation to include the fees and costs it deems to have been reasonably and necessarily incurred in connection with this motion.") (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing
33
ORDER DENYING 28 PLAINTIFF'S APPEAL OF MAGISTRATE JUDGE CHANG'S ORDER GRANTING DEFENDANT'S MOTION TO SET ASIDE ENTRY OF DEFAULT AND ADOPTING 25 MAGISTRATE JUDGE CHANG'S FINDINGS AND RECOMMENDATIONS TO DENY PLAINTIFF'S MOT ION FOR DEFAULT JUDGMENT - Signed by JUDGE J. MICHAEL SEABRIGHT on 12/3/09. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing
25
FINDINGS AND RECOMMENDATIONS to Deny Plaintiff Emerson M.R. Jou, M.D.'s 9 Motion for Default Judgment and Order Granting Defendant Gregory M. Adalian's 12 MOTION to Set Aside Entry of Default Objections to F&R due by 11/30/2009. Signed by JUDGE KEVIN S.C. CHANG on 11/12/2009. (gab, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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