Shayefar v Kaleleiki, Jr. et al
| Mehrdad Shayefar and Gina Shayefar |
| Samuel Houpo Kaleleiki, Jr., Von-Alan Hinano Kaleleiki, Sarah-Therece K. Kaleleiki, John Does 1-50, Jane Does 1-50, Doe Corporations 1-50, Doe Partnerships 1-50, Doe Entities 1-50 and Doe Governmental Units 1-50 |
| 1:2014cv00322 |
| July 14, 2014 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| Honolulu |
| KEVIN S.C. CHANG |
| HELEN GILLMOR |
| All Other Real Property |
| 28 U.S.C. ยง 1332 |
| None |
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Filing
94
ORDER GRANTING PLAINTIFFS MEHRDAD AND GINA SHAYEFAR'S REQUEST FOR A WRIT OF POSSESSION AGAINST DEFENDANTS VON-ALAN HINANO KALELEIKI AND SARAH-THERECE K. KALELEIKI FOR THE SUBJECT PROPERTY AND THE COMMON ELEMENTS OF THE UKUMEHAME AGRICULTURAL SUBDIVISION 1 . Signed by JUDGE HELEN GILLMOR on 4/12/2016. -- Based on the Court's Findings and Conclusions of Law set forth above, IT IS ORDERED that: 1. A writ and judgment of possession is hereby entered, divesting D efendants, and all persons claiming through Defendants, of occupancy and possession of the Subject Property and the Common Elements of the Ukumehame Agricultural Subdivision; 2. Defendants, and anyone claiming through Defendants, shall remove all of their possessions, property, and structures from the Subject Property and the Common Elements forthwith; 3. In the event Defendants do not remove all of their possessions, property, and structures from the Subject Property and the Common Elements on or before May 5, 2016, Plaintiffs are authorized to remove Defendants'possessions, property, and structures. (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
68
ORDER GRANTING IN PART, PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT ON COUNTS II, IV AND V OF THE COMPLAINT (ECF NO. 52) re 52 - Signed by JUDGE HELEN GILLMOR on 12/21/2015. "Plaintiffs' Motion for Partial Summary Judgment (ECF No. 52) is GRANTED, IN PART." COUNT II: "Plaintiffs' Motion for Partial Summary Judgment (ECF No. 52) as to Count II for quiet title is GRANTED. Plaintiffs have demon strated superior title to the property described in Warranty Deed, Doc. No. 2008-004218, Tax Map Key No. (2) 4-8-002:104, attached as Ex. V to Pla.'s CSF, ECF No. 53-23, described as: LOT 32, UKUMEHAME AGRICULTURAL SUBDIVISION, PHASE II BEING PORTIONS OF GRANT 4973 TO WALTER GIFFARD AND ROYAL PATENT 7017, LAND COMMISSION AWARD 7779, APANA 4 TO KALELEIKI SITUATED AT UKUMEHAME, LAHAINA, ISLAND OF MAUI, HAWAII." COUNT IV: "Plaintiffs' Mo tion for Partial Summary Judgment (ECF No. 52) as to Count IV for ejectment is GRANTED consistent with the finding of quiet title in favor of the Plaintiffs. Plaintiffs shall provide the Court with a Proposed Order as to their request for ejectment." COUNT V: "Plaintiffs have not established the parameters of the permanent injunction they seek. Plaintiffs may submit a Proposed Order that sets forth the specific relief they are request ing consistent with the Courts finding of quiet title in favor of the Plaintiffs. Plaintiffs shall provide a memorandum setting forth the legal basis for the requested relief." EXPUNGEMENT OF DEED DOC. No. A-51480946: "Plaintiffs' Motion for Partial Summary Judgment to expunge the quitclaim deed, Doc. No. A-51480946 recorded on February 4, 2014, with the Hawaii State Bureau of Conveyances, pursuant to Haw. Rev. Stat. § 507D-7(a) is GRANTED." "The Court ORDERS that Quitclaim Deed, Doc. No. A-51480946, recorded on February 4, 2014, with the State of Hawaii Bureau of Conveyances, be expunged as an invalid lien pursuant to Haw. Rev. Stat. § 507D-7(a)." (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). Sarah-Therece K. Kaleleiki and Von-Allan Hinano Kaleileiki served by first class mail at the addresses of record on December 22, 2015.
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Filing
45
ORDER DENYING PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT ON COUNTS II, IV AND V OF THE COMPLAINT (ECF NO. 29 ). Signed by JUDGE HELEN GILLMOR on 7/10/2015. (ecs, )CERTIFICATE OF SERVICEParticipants registe red 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 DENYING DEFENDANTS' MOTION TO DISMISS THE PLAINTIFFS' COMPLAINT WITH PREJUDICE PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE, RULE 12(b) (ECF NO. 15 ). Signed by JUDGE HELEN GILLMOR on 10/7/2014. (ecs, )CERTIF ICATE 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 10/8/2014 the date of this docket entry Modified on 10/7/2014 (ecs, ).
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