Baker et al v. Castle & Cooke Homes Hawaii, Inc. et al
| John Pupuhi Baker, Jr., Diane T. Baker, Branden H. Baker and Kim Salva Cruz Baker |
| Castle & Cooke Homes Hawaii, Inc., Zurn Industries, LLC, Zurn Pex, Inc., S.H. Legitt Co., Watts Radiant, Inc., Watts Water Technologies, Inc., John and Jane Does 1-100, Doe Partnerships 1-100, Doe Corporations 1-100, Doe Governmental Agencies 1-100 and Doe Associations 1-100 |
| 1:2011cv00616 |
| October 14, 2011 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| Honolulu |
| SUSAN OKI MOLLWAY |
| RICHARD L. PUGLISI |
| Contract Product Liability |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| Plaintiff |
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Filing
210
ORDER REMANDING CASE TO DISPUTE PREVENTION RESOLUTION FOR COMPLETION OF ARBITRATION PROCEEDINGS - Signed by JUDGE SUSAN OKI MOLLWAY on 8/24/2016. " The stay of this case in this court is reinstated, and this case is administratively clo sed during the stay. Plaintiffs' counsel is directed to submit to the court a written statement about the status of arbitration proceedings upon the conclusion of arbitration proceedings, or no later than May 1, 2017, whichever is earlier. The Clerk of Court is directed to serve this order not only on counsel of record, but also on Dispute Prevention Resolution, Attention: Kelly Bryant, 1003 Bishop St., Suite 1155, Honolulu, HI 96813." Stat us Report due by 5/1/2017. Case stayed. Case referred to arbitration. (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). A copy of this order shall be served on August 25, 2016, to Dispute Prevention Resolution, Attention: Kelly Bryant, 1003 Bishop St., Suite 1155, Honolulu, HI 96813.
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Filing
142
ORDER ADOPTING MAGISTRATE JUDGE'S RECOMMENDATION THAT CLASS BE CERTIFIED re 126 ; 127 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 4/28/2014. " The court adopts the Magistrate Judge's recommendation that a class be certified with regard to Plaintiffs' claims against C&C for breach of contract (Count I), product liability (Count II), negligence (Count III), strict liability (Count IV ), breach of implied warranty of habitability (Count V), breach of wa rranty of merchantability (Count VI), and breach of express warranty (Count VII). The court also adopts the Magistrate Judge's recommendation that certification be denied as to Plaintiffs' claim against C&C under Hawaii's UDAP law (Co unt XIII), but gives Plaintiffs leave to amend their Complaint to add new named Plaintiffs for the UDAP claim and, if Plaintiffs so choose, for possible subclasses." The court modifies the recommendation of the Magistrate J udge with respect to the class definition. The class is defined as: All individual and entity homeowners who own homes constructed with brass fittings made from UNS C36000 or UNS C37700 brasses in the housing development known as Mililani Mauka, located in the City and County of Honolulu, Island of Oahu, and all homeowners' associations whose members consist of such individual and entity homeowners. A fitting is defined as a piping component used to joinor terminate sections of pipe or to provide changes of direction or branching in a pipe system. The class definition specifically excludes (1) all individuals, entities and associations of homeowners whose homes haveonly fittings that are compliant with ASTM F877 -89 or ASTM F877-93, which standards are included in the 1994 (ASTM F877-89) and 1997 (ASTM F877-93) Uniform Plumbing Codes; (2) any affiliate or employee of Defendant's; and(3) any judicial officer who has presided or will preside over this cas e. The current class representatives shall be John Pupuhi Baker, Jr., Diane T. Baker, Branden H. Baker, and Kim Salva Cruz Baker. The current class counsel shall be Melvin Y. Agena, Esq., of the Law Offices of Me lvin Y. Agena; Glenn K. Sato, Esq., of the Law Office of Glenn K. Sato; and Graham B. LippSmith, Esq., and Celene S. Chan, Esq., of Girardi Keese." (emt, )CERTIFICATE OF SERVICEParticipants register ed 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
93
ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION re 92 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 6/25/13. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifi cations 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
63
ORDER (1) GRANTING IN PART DEFENDANT ZURN INDUSTRIES, LLC AND ZURN PEX, INC.'S MOTION TO DISMISS THE FIRST AMENDED CLASS ACTION COMPLAINT, OR, IN THE ALTERNATIVE, MOTION FOR A MORE DEFINITE STATEMENT, AND DENYING DEFENDANT ZURN INDUSTRIES, LLC A ND ZURN PEX, INC.'S MOTION FOR SUMMARY JUDGMENT, AND (2) DENYING CASTLE & COOKE'S MOTION TO DISMISS THE FIRST AMENDED COMPLAINT AND DIRECTING PLAINTIFFS TO SUBMIT MATERIALS 8 ; 10 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 4/25/12. ("Zurn's motion to dismiss is granted as to Count VIII, Count IX, and Count X. Zurn's motion to dismiss is denied with respect to Plaintiffs' other claims. Zurn's request for a more definite statement and its summa ry judgment motion are denied. Plaintiffs are given leave to file an amended Complaint no later than May 21, 2012. The court denies Castle & Cooke's motion, but directs Plaintiffs to file, within two weeks, either a certificate of compliance wit h section 672E-3(c), or an explanation as to why they have not complied. Castle & Cooke may submit a response within two weeks of Plaintiffs' submission. Each party's submission is limited to 1000 words.") (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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