Ke Kailani Partners, LLC v. Ke Kailani Development LLC et al
| Ke Kailani Partners, LLC |
| Doe Governmental Units 1-50, Doe Entities 1-50, Doe Limited Liability Companies 1-50, Doe Corporations 1-50, Doe Partnerships 1-50, Jane Does 1-50, John Does 1-50, Mauna Lani Resort Association, Association of Villa Owners of Ke Kailani, The, Ke Kailani Community Association, Director of Finance, Real Property Division, Hawaii, County of, Michael J. Fuchs, Ke Kailani Development LLC and Finance Factors, Limited |
| Michael G. Muhonen, Rosann Tanaka, Roy Tanaka, Betty I. Moore, Gordon E. Moore, Utaly, LLC, Brenda Mittelman, Harry Mittelman, Susan L. Metter, Stephen B. Metter, Robert Batinovich, Benjamin R. Jacobson, Ke Kailani Community Association, Association of Villa Owners of Ke Kailani, The, Mary Miles Morrison, Linda E. Muhonen, Michael O. Hale, Barry Shames, Carolyn Shames, Katonah Development LLC, David R. Ruch, He Gin Ruch, Northern Trust Corporation, Bank of Hawaii, Central Pacific Bank, Dispute Prevention And Resolution and Does K through R |
| Michael J. Fuchs and Ke Kailani Development LLC |
| Does A through J, Finance Factors, Limited, Central Pacific Bank and Bank of Hawaii |
| Michael J. Fuchs and Ke Kailani Development LLC |
| 1:2013cv00347 |
| July 15, 2013 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| Hawaii |
| LESLIE E. KOBAYASHI |
| BARRY M. KURREN |
| Real Property: Foreclosure |
| 28 U.S.C. ยง 1444 Petition for Removal- Foreclosure |
| None |
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Filing
50
ORDER DENYING KE KAILANI DEVELOPMENT LLC AND MICHAEL J. FUCHS' OBJECTIONS TO THE MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION TO GRANT IN PART AND DENY IN PART PLAINTIFF'S ATTORNEYS' FEES AND COSTS AND ORDER ADOPTING THE FINDING S AND RECOMMENDATION re 43 ; re 44 . Signed by JUDGE LESLIE E. KOBAYASHI on 02/28/2014. -- the Court HEREBY DENIES KKD's Objections, filed January 2, 2014, and ADOPTS the magistrate judge;s Findings and Recommendatio n to Grant in Part and Deny in Part Plaintiff's Attorneys Fees and Costs. (eps )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
43
FINDINGS AND RECOMMENDATION TO GRANT IN PART AND DENY IN PART PLAINTIFF'S ATTORNEY'S FEES AND COSTS. Signed by Judge BARRY M. KURREN on 12/18/2013. 28 ~ The Court finds and recommends thatPlaintiff's Submission Regard ing Award of Attorneys' Fees and Costs be GRANTED IN PART AND DENIED IN PART. The Court finds and recommends that KKP's request for fees associated with its Motion for Rule 11 Sanctions by DENIED, and that KKPs request for fees incurred in its Motion to Remand and in preparing its Fee Submission be GRANTED in the amount of $17,475.89. (ecs, )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
37
ORDER: (1) DENYING KKD'S 27 MOTION FOR RECONSIDERATION OF THIS COURTS OCTOBER 24, 2013 23 ORDER GRANTING PLAINTIFF'S MOTION FOR REMAND AND GRANTING AOAO'S JOINDER IN PLAINTIFF KE KAILANI PARTNERS, LLC'S MOTION FOR REMA ND; AND (2) GRANTING AOAO'S 32 JOINDER IN: PLAINTIFF KE KAILANI PARTNERS, LLC'S 31 OPPOSITION TO DEFENDANTS' KE KAILANI DEVELOPMENT LLC AND MICHAEL FUCHS' MOTION FOR RECONSIDERATION.. Signed by JUDGE LESLIE E. KOBAYASH I on 11/26/2013. ~ KKD's Motion for Reconsideration of this Courts October 24, 2013 Order Granting Plaintiff's Motion for Remand and Granting AOAO's Joinder in Plaintiff Ke Kailani Partners, LLC's Motion for Rema nd, filed November 7, 2013, is HEREBY DENIED as to KKD's request for reconsideration of this Court's decision to remand the instant action. With respect to KKD's request for reconsideration of this Courts award of attorneys fees and costs to Plaintiff, the Motion is HEREBY DENIED WITHOUT PREJUDICE. KKD may re-file a motion for consideration of the Court' s award of attorneys' fees and costs after the Court issues an order as to the amount of the award. Furthermore, AOAOs Joinder in the Opposition, filed November 25, 2013, is HEREBY GRANTED. (ecs, )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
23
ORDER GRANTING PLAINTIFF'S MOTION FOR REMAND 5 AND GRANTING AOAO'S JOINDER IN: PLAINTIFF KE KAILANI PARTNERS, LLC'S MOTION FOR REMAND 12 . Signed by JUDGE LESLIE E. KOBAYASHI on 10/24/2013. Excerpt of Order: Re : Plaintiff's Request for Attorneys' Fees and Costs: "The Court therefore GRANTS the Motion as to Plaintiff's request for its attorneys' fees and costs incurred with respect to the Motion. The Court refers this matter to the magistrate judge to prepare findings and recommendations regarding the amount of the award." "Plaintiff's Motion for Remand...is GRANTED, including Plaintiff's request for attorneys' fees and costs...." "KKD& #039;s [Ke Kailani Development LLC and Michael Fuchs, collectively, "KKD"] request for stay is DENIED." "The Court DIRECTS Plaintiff to file documentation supporting its request for attorneys' fees and costs wit h the magistrate judge by November 12, 2013. Any opposition shall be filed by November 26, 2013." "This Court HEREBY REMANDS this action to the First Circuit Court. This Court DIRECTS the Clerk's Office to transmit a cert ified copy of this order to the clerk of the First Circuit Court. This district court retains jurisdiction solely for the purposes of determining the amount of the award of removal related expenses. [Order follows hearing held October 7, 2013. Minutes of hearing: doc no. 22 ] (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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