Barnes v. Sea Hawaii Rafting, LLC et al
| Chad Barry Barnes |
| Sea Hawaii Rafting, LLC, Kris Henry, John Does 1-20, Mary Does 1-20, Doe Corporations 1-20, Doe Partnerships 1-20, Doe Associates 1-20, Doe Governmental Agencies 1-20, Other Entities 1-20 and M/V Tehani |
| 1:2013cv00002 |
| January 1, 2013 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| Honolulu |
| ALAN C KAY |
| RICHARD L. PUGLISI |
| Marine |
| 46 U.S.C. ยง 688 Jones Act |
| Plaintiff |
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Filing
918
ORDER FILED IN CV 18-00389 LEK-WRP: ORDER OF DISMISSAL - Signed by JUDGE LESLIE E. KOBAYASHI on 10/7/2022. For the foregoing reasons, there are no issues for this Court to resolv e in the instant case. This case is HEREBY DISMISSED, and the Clerk's Office is DIRECTED to close the case immediately. The Clerk's Office is also directed to file the instant Order in CV 13-002. (CV 18-00389 LEK-WRP, CV 13-00002 LEK-WRP) (eta)
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Filing
899
ORDER Denying Plaintiff's Motion to Compel Transfer of Commercial Use Permit, Writ of Replevin and for Injunctive Relief (ECF No. 852) - Signed by JUDGE ALAN C. KAY on 12/14/2021.For the above-stated reasons, the Court DENIES Plaintiff Barnes's Motion to Compel Transfer of Commercial Use Permit, Writ of Replevin and for Injunctive Relief, ECF No. 852, because it lacks jurisdiction. (jni)
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Filing
888
ORDER DECIDING NO SANCTIONS, re 851 - Signed by JUDGE ALAN C. KAY on 10/21/2021. The Court finds that Attorney Friedheim's specified remarks were not made in bad faith and do not otherwise rise to the leve l of imposing sanctions. Accordingly, no sanctions are imposed.Follows oral order of 10/19/2021 Hearing at ECF 886 (jni)COURT'S CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participant s have been served by First Class Mail to the addresses of record listed on the (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
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Filing
883
ORDER ADOPTING THE MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION AS TO ATTORNEY'S FEES AND COSTS TO BE AWARDED IN CONNECTION WITH THE ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF BARNES'S MOTION FOR SANCTIONS (ECF NO. 871) - Signed by JUDGE ALAN C. KAY on 9/28/2021. COURT'S CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail on September 29, 2021 to the addresses of record listed on the (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF) (jni)
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Filing
846
ORDER Granting in Part and Denying in Part Plaintiff Barnes's Motion for Sanctions [ECF NO. 836] - Signed by JUDGE ALAN C. KAY on 7/1/2021.The Motion for Sanctions, ECF No. 836 is GRANTED IN PART AND DENIED IN PART. The Motion is GRA NTED as follows: The Court ORDERS that Defendants Henry and AOE (1) pay a compensatory sanction in the amount of $1,000 to Plaintiff Barnes for his damages resulting from the four-month delay in payment and (2) pay Plaintiff Barnes's attorn ey's fees and costs stemming from the delay in payment and the filing of the Motion for Sanctions. The Motion is DENIED in all other respects.The compensatory sanction must be paid within 14 days issuance of this Order. Plaintiff Barnes is directed to submit evidence of his attorney's fees to Magistrate Judge Porter pursuant to the local rules within 20 days issuance of this Order. COURT'S CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)(jni)
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Filing
835
ORDER ADOPTING THE MAGISTRATE JUDGE'S SECOND AMENDED FINDINGS AND RECOMMENDATION AS TO ATTORNEY'S FEES AND COSTS TO BE AWARDED IN CONNECTION WITH THE ENHANCED SANCTIONS ORDER (ECF NO. 834) - Signed by JUDGE ALAN C. KAY on 4/21/2021. IT IS HEREBY ORDERED AND ADJUDGED that, pursuant to Title 28, United States Code, Section 636(b)(1)(C) and Local Rule 74.1, the Second Amended Findings and Recommendations (ECF No. 834) are adopted as the opinion and order of this Court.COURT'S CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail on April 22, 2021 to the addresses of record listed on the Notice of Electronic Filing (NEF)(jni)
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Filing
819
ORDER REGARDING PAYMENT OF ENHANCED SANCTIONS, re ECF 794 , ECF 810 - Signed by JUDGE ALAN C. KAY on 12/28/2020.In sum, the Court makes the following rulings in deciding Defendants pending motions, ECF Nos. 794 & 810:1. Defenda nt AOE and Defendant Henry's request for an installment plan to pay off the $40,000 enhanced sanction for the value of the commercial-use permit, ECF No. 794, is GRANTED IN PART. Defendants have already paid the initial $10,000 payment , and Defendants shall, by this Courts Order, jointly and severally pay monthly installments of $500, to be paid by the end of the third week of each month and to commence in January 2021; then, commencing on November 1, 2021, such installments shall be increased to $1,000 per month, to be paid by the end of the third week of each month, but with the remaining balance of the $40,000 in enhanced permit sanctions to be paid in full, by no later than October 31, 2022. The Co urt cautions that a failure to timely make such installment payments may result in the Court declaring the entire balance accelerated and immediately due. Defendants have the option to pay the balance in full at any time without penalty.2. De fendant AOE and Defendant Henry's request that they be allowed to pay the $8,638.64 in custodial cost sanctions in the same installment plan, ECF No. 810, is DENIED. Defendants are ORDERED to pay that amount within 10 days of the issuance of this Order.3. The Court makes no determination on a payment plan for the attorney's fees owed in connection with the enhanced sanctions because that matter is under review by Magistrate Judge Porter.IT IS SO ORDERED.COURT'S CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail on 12/29/2020 to the addresses of record listed on the Notice of Electronic Filing (NEF).(jni)
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Filing
792
ORDER DENYING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT TO PIERCE THE CORPORATE VEIL (ECF NO. 703) - Signed by JUDGE ALAN C. KAY on 11/09/2020.For above-stated reasons, the Court DENIES Plaintiff Barnes's Motion for [Parti al] Summary Judgment to Pierce the Corporate Veil, ECF No. 703, without prejudice to file a renewed motion seeking summary judgment to pierce Defendant SHR's corporate veil. In the event Plaintiff Barnes intends to file a second motion seeking s ummary judgment to pierce the corporate veil of Defendant SHR, the Court directs him to develop the record and point the Court to any evidence, documents, prior rulings and specific findings, and legal authority that may be relevant to the analysis.< br>IT IS SO ORDERED.COURT'S CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)(jni)
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Filing
767
ORDER GRANTING DEFENDANTS KRIS HENRY, INC., R.S. MARLIN INC. DBA ALI'I OCEAN TOURS, AND MARY LYN OGLETREE'S MOTION TO DISMISS COUNTS V AND VI OF THE THIRD AMENDED COMPLAINT (ECF NO. 713) - Signed by JUDGE ALAN C. KAY on 10/07/2020.For above-stated reasons, the Court GRANTS Defendants Kris Henry, Inc., R.S. Marlin Inc. dba Ali'i Ocean Tours, and Mary Lyn Ogletree's Motion to Dismiss Counts V and VI of the Third Amended Complaint, ECF No. 713, as follows:1. Count V (intentional infliction of emotional distress) is DISMISSED WITHOUT PREJUDICE as against the Moving Defendants. Paragraphs 62 and 63 of the Third Amended Complaint are STRICKEN to the extent that they contain any references to the Moving Defe ndants. The prayer for relief is STRICKEN to the extent that it pleads damages from the Moving Defendants.2. Count VI (accounting) is DISMISSED WITH PREJUDICE as against the Moving Defendants. The prayer for relief is STRICKEN to the extent t hat it pleads an accounting from the Moving Defendants.If Plaintiff wishes to amend the Third Amended Complaint by asserting an IIED claim and/or other claims against the Moving Defendants, he must seek approval to do so by the Magistrate Jud ge within 30 days of issuance of this Order. Any proposed amendments must strictly comply with Rule 15 and Local Rule 10.4. The proposed complaint must include all of the claims that Plaintiff Barnes wishes to pursue, as well as all of the all egations that his claims are based upon, even if he previously presented these allegations in the Third Amended Complaint. Plaintiff cannot incorporate by reference any part of the prior complaints into the proposed amended complaint.The Cour t cautions Plaintiff Barnes that if he fails to seek leave to assert his IIED claim within 30 days, the Court will dismiss that claim with prejudice.COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)(jni)
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Filing
743
ORDER DENYING PLAINTIFF'S EX PARTE MOTION FOR WRIT OF EXECUTION, RE ECF 738 - Signed by JUDGE ALAN C. KAY on 8/27/2020.For the reasons stated above, the Court DENIES Plaintiff Barnes's Motion for Writ of Execution. The Motion is denied without prejudice and any future motion seeking authorization for issuance of a writ of execution must rectify the shortcomings identified in this Order.COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)(jni)
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Filing
739
ORDER (1) GRANTING PLAINTIFF'S MOTION FOR RECONSIDERATION, ECF NO. 724, (2) STAYING THE BOND AND INTERLOCUTORY SALE PROCESS, AND (3) IMPOSING PARTIAL ENHANCED COMPENSATORY SANCTIONS PURSUANT TO THE ENHANCED SANCTIONS ORDER, ECF NO. 657 - Signed by JUDGE ALAN C. KAY on 8/13/2020.For the foregoing reasons, the Court makes the following rulings:1. The proceedings on the bond and interlocutory sale are hereby STAYED pending the Ninth Circuit appeal addressing whether the c ommercial-use permit is appurtenant to the vessel. Accordingly, the Court ADMINISTRATIVELY WITHDRAWS Plaintiff Barness Motion for Interlocutory Sale, ECF No. 680.2. The Court ORDERS Defendant Henry and Defendant AOE to pay a portion of the compensatory enhanced sanctions previously imposed by the Enhanced Sanctions Order, ECF No. 657, as detailed above. The partial compensatory enhanced sanctions shall be for the amount of Custodial Costs paid by Plaintiff Barnes between August 29, 2019 (the date the Initial Sanctions Order was issued) and August 13, 2020 (the date of issuance of this Order), as well as for any currently-owing Custodial Costs and the ongoing Custodial Costs until the vessel is released or upon earlier Court order.3. Plaintiff Barnes's Motion for Reconsideration, ECF No. 724, is GRANTED and the Motion for Summary Judgment to pierce the corporate veil, ECF No. 703, is hereby REINSTATED. The Court sets that motion for hearing on October 15, 20 20, at 11:00 a.m.IT IS SO ORDERED.COURT'S CERTIFICATE of Service - Non-Registered CM/ECF Participants will be served by First Class Mail on 8/14/2020 to the addresses of record listed on the Notice of Electronic Filing (NEF)(jni)
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Filing
658
ORDER REINSTATING PLAINTIFF CHAD BARRY BARNES'S MOTION FOR SUMMARY JUDGMENT AND TO PIERCE THE CORPORATE VEIL OF DEFENDANT SEA HAWAII RAFTING, LLC - Signed by JUDGE ALAN C. KAY on 3/2/2020. (jni, )COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing
608
ORDER IMPOSING SANCTIONS ON DEFENDANT ALOHA OCEAN EXCURSIONS, LLC AND DEFENDANT KRISTIN KIMO HENRY - Signed by JUDGE ALAN C. KAY on 8/29/2019. "The Court hereby imposes monetary sanctions jointly and sev erally against Defendant Henry and Defendant AOE in the amount of $25,000, which shall be payable to Plaintiff Barnes. The Clerk of Court is directed to disburse the $18,000 plus interest currently held in the registry of the Court to Plai ntiff Barnes as partial payment of the sanction. Defendant Henry and Defendant AOE are directed to pay the remainder of the sanction to Plaintiff Barnes no later than September 30, 2019. The Court directs Defendant A OE and Defendant Henry to take appropriate steps to effectuate the successful transfer of the commercial use permit back to Defendant SHR. Defendant AOE and Defendant Henry are required to pay any fine or transfer fee assessed in the course of transf erring the permit back to Defendant SHR. The Court further rules that the $25,000 sanction shall be subject to significant enhancement should the permit not be reissued to Defendant SHR. This Order modifies and supersedes the Court's 07/17/ 2019 Order." (jo)COURT'S CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing
569
ORDER DENYING PLAINTIFF BARNES'S MOTION TO WITHDRAW THE REFERENCES OF CASES TO THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF HAWAI'I re: 531 "For the foregoing reasons, Plaintiff Barness Motion to reverse the references of the chapter 7 case and the chapter 13 case to the bankruptcy court is DENIED." Signed by JUDGE ALAN C. KAY on 5/31/2019 (jo)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing
540
DIRECTIVE TO THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF HAWAII "In light of the foregoing, the Court requests clarification of the Memorandum of Decision regarding whether, at this time, the automatic stay still bars Plaintif f Barnes from prosecuting unsecured in personam claims against Defendant Henry." Signed by JUDGE ALAN C. KAY on 3/18/2019 (jo)COURTS CERTIFICATE of Service - United States Bankruptcy Court served electronically. Non-Registered CM/ECF Participants will be served on March 19, 2019, by First Class Mail, to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing
528
ORDER - re: 495 and 510 "[P]laintiff Chad Barry Barnes' (Plaintiff Barnes) Motion for an Order Appointing Himself as Substitute Custodian and Providing for Custodia Legis Expenses After Arrest, 495 , is DENIED; an d Defendant Aloha Ocean Excursions, LLCs (Defendant AOE) Motion for an Order Staying Execution of Order Authorizing Arrest of the Vessel and Appurtenances, or in the Alternative, for an Order Releasing the Vessel and Appurtenances from Arrest, Pursua nt to Supplemental Admiralty Rule E(5), 510 , is GRANTED IN PART AND DENIED IN PART." Written Order follows the Oral Order of 2/28/2019, ECF 527 Signed by JUDGE ALAN C. KAY on 3/4/2019. (jo)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing
517
ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATIONS re: 493 "The Court has carefully reviewed the F&R, the parties papers, and the various exhibits in support of Plaintiff Barness attorneys fees and costs requests, and finds that the Magistrate Judges recommended reductions are appropriate, and that awards of $206,281.00 in attorneys fees and $27,124.44 in costs and non-taxable expenses are reasonable. &n bsp For the foregoing reasons, IT IS HEREBY ORDERED AND AJUDGED that, pursuant to Title 28 U.S.C. 636(b)(1)(C) and Local rule 74.2, the Findings and Recommendation to Grant in Part and Deny in Part Plaintiffs Motion for Attorneys Fee s and Costs are adopted as the opinion and order of this Court." Signed by JUDGE ALAN C. KAY on 2/13/2019. (jo)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing
484
ORDER FINDING THAT THE M/V TEHANI'S TRAILER IS AN APPURTENANCE OF THE VESSEL. Excerpt of conclusion:"[T]he Court finds that the trailer on which the Tehani is secured is a piece of the Tehani's usual equipment and an appurtenance of the vessel to which Plaintiff Barnes's maritime lien attaches. Thus, the trailer is subject to arrest by the United States Marshals on the basis of this Court's Amended Order Authorizing Issuance of Warran t for Maritime Arrest dated September 27, 2018. ECF No. 441 . In order to proceed with the arrest of the vessel, Plaintiff Barnes would need to file amended proposed substitute custodian documents in accordance with the instructions set forth i n the Court's Minute Order dated September 26, 2018, including reference to the trailer. ECF No. 440 ."IT IS SO ORDERED. Signed by JUDGE ALAN C. KAY on 12/13/2018. (afc) COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants will be served on December 14, 2018 by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing
446
AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW. "Pursuant to Federal Rule of Civil Procedure 59(e), an amended judgment shall enter in favor of Plaintiff Chad Barry Barnes and against Defendants in the amount of $279,406.12" ; Signed by JUDGE ALAN C. KAY on 10/5/2018. (afc)Amending Findings of Fact and Conclusions of Law, ECF 424 . COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants will be served on October 9, 2018 by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Docket text entry modified on 10/5/2018 to add reference to the Findings of Fact filed 9/6/2018 as ECF 424 . (afc)
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Filing
424
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Signed by JUDGE ALAN C. KAY on 9/6/2018. Accordingly, pursuant to Federal Rule of Civil Procedure 54, judgment shall enter in favor of Plaintiff Chad Barry Barnes and against Defendants in the amount of $305,856.64. (emt, )
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Filing
388
ORDER AUTHORIZING ISSUANCE OF WARRANT FOR MARITIME ARREST re 380 - Signed by JUDGE ALAN C. KAY on 8/1/2018. (emt, )COURT'S CERTIFICATE of Service - Kris Henry, aka Kristin Kimo Henry shall be ser ved by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on August 1, 2018. Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF).
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Filing
352
SECOND DIRECTIVE TO THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF HAWAII. Excerpt of the Court's directive:"Pursuant to the decision of the Ninth Circuit in Barnes v. Sea Haw aii Rafting, LLC, 889 F.3d 517 (9th Cir. 2018), this Court directs that the bankruptcy court transfer to this Court the $35,000.00 in sale proceeds which the bankruptcy court received from Aloha Ocean Excursions, LLC ('AOE') in exchange for the M/V Tehani and its accompanying trailer."IT IS SO ORDERED. Signed by JUDGE ALAN C. KAY on 7/9/2018. (afc) Chapter 13 BK # 14-01475COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). U.S. Bankruptcy Court for the District of Hawaii served electronically via NEF
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Filing
337
DIRECTIVE TO THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF HAWAII. Excerpt of the Court's directive:"Pursuant to the decision of the Ninth Circuit in Barnes v. Sea Hawaii Raf ting, LLC, 889 F.3d 517 (9th Cir. 2018), this Court directs that the bankruptcy court transfer to this Court the $10,000.00 in rental income which the bankruptcy court received for use of the M/V Tehani, and which this Court understands is held in the bankruptcy proceedings involving Sea Hawaii Rafting, LLC (Bankr. Case No. 14-01520).""The Court notes that these funds will then be available to Plaintiff Barnes to proceed with his intended pursuit of the seizure of the M/V Tehani, including funds to prepay the required fees for seizure under the admiralty rules."IT IS SO ORDERED. Signed by JUDGE ALAN C. KAY on 6/29/2018. (afc) Chapter 13 BK # 14-01475COURTS CER TIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). U.S. Bankruptcy Court for the District of Hawaii served electronically via NEF
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Filing
330
ORDER GRANTING MAINTENANCE AMOUNT CURRENTLY DUE TO PLAINTIFF BARNES BY DEFENDANT SEA HAWAII RAFTING, LLC re 327 - Signed by JUDGE ALAN C. KAY on 6/20/2018. In accordance with the Ninth Circuit's directive and this Court's minu te order filed May 31, 2018, ECF No. 324 , and based upon the above earlier orders and findings by this Court, the Court FINDS AND ORDERS that Defendant SHR, in personam, owes Plaintiff Barnes for: (1) Maintenance from July 3, 2012 to June 20, 2018 (a total of 2,179 days), which, at the rate of $34 per day, and subtracting maintenance payments that SHR has already made, 2 is the sum of $72,160.34 subject to (1) potential upward increase at trial and (2) a determ ination whether Plaintiff Barnes has reached maximum cure on an earlier date; and (2) Additional maintenance at the rate of $34 per day will be ordered, subject to potential upward increase at trial, until Plaintiff Barnes has r eached maximum cure. (emt, )COURT'S CERTIFICATE of Service - Kris Henry, aka Kristin Kimo Henry shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on June 20, 2018 June 21, 2018. Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Modified on 6/20/2018 (emt, ).
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Filing
315
ORDER REGARDING PREPAYMENT OF MARSHAL'S EXPENSES. Signed by JUDGE ALAN C. KAY on 05/03/2018. Accordingly, it appears to the Court that prepayment of the marshal's expenses even by a seaman is required under the applicable law. The Court will give the parties seven days from the entry of this order, however, to file any memoranda (of no more than five pages) if they disagree with the Court's conclusion. (eps, )
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Filing
313
ORDER REGARDING MAINTENANCE Signed by JUDGE ALAN C. KAY on 05/02/2018. See Order Denying Plaintiff's Third Motion for Summary Judgment for Payment of Maintenance, ECF No. 120 at 3 n.2, 12. (eps, )
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Filing
203
ORDER DENYING AS MOOT PLAINTIFF'S MOTION FOR LEAVE TO FILE INTERLOCUTORY APPEAL re: 199 . Signed by JUDGE ALAN C KAY on 12/30/2015. (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). All participants are registered to receive electronic notifications.
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Filing
197
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AS TO UNSEAWORTHINESS, NEGLIGENCE PER SE, AND FOR JONES ACT NEGLIGENCE, AND DISMISSING DEFENDANT M/V TEHANI FOR LACK OF JURISDICTION re 108 - Signed by JUDGE ALAN C KAY on 12/22/2015. "For the foregoing reasons, the Court GRANTS IN PART AND DENIES IN PART Plaintiff Barnes's Motion for Summary Judgment as to Unseaworthiness, Negligence Per Se, and Jones Act Negligence (Doc. No . 108.) As to Count XII of the First Amended Complaint (Barnes's negligence per se claim), the Court GRANTS the Motion as to Defendant Sea Hawaii Rafting, LLC, but DENIES it as to the remaining Defendants. The Court DENIES the Motion as to Count s I and II. In addition, the Court DISMISSES all claims against Defendant M/V Tehani, in rem, for lack of jurisdiction." (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
88
ORDER Denying 78 Plaintiff's Motion for Reconsideration. Signed by JUDGE ALAN C KAY on 5/14/14. (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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Filing
77
ORDER Denying 58 Plaintiff's MOTION for Summary Judgment For Payment of Maintenance. Signed by JUDGE ALAN C KAY on 4/15/14. (gab, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notificat ions 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
44
ORDER granting in part and denying in part 25 Plaintiff's Motion for Summary Judgment For Payment of Maintenance and Cure. Signed by JUDGE ALAN C KAY on 11/13/2013. (gab, )CERTIFICATE OF SERVICEParticipants re gistered 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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