Bruser v. Bank of Hawaii
| Michael David Bruser and Lynn Bruser |
| Bank of Hawaii |
| 1:2014cv00387 |
| August 29, 2014 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| Honolulu |
| UNASSIGNED |
| KEVIN S.C. CHANG |
| Other Contract |
| 28 U.S.C. ยง 2201 |
| Plaintiff |
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Filing
398
EO: COURT ORDER DENYING PLAINTIFFS' NON-HEARING MOTION 382 FOR AN ORDER TO INSTRUCT TEMPORARY RECEIVER. In the Motion, the Brusers ask the Court to: 1) prevent the Receiver from replacing the property manager; 2) require the Receiver to return certain funds to an interest bearing account; and 3) issue sanctions against the Receiver. The Brusers requests significantly overlap with the directives previously issued to the Receiver, in which the Receiver was directed to pe rform a number of tasks to wind up the receivership by December 1, 2020. [Order, filed 9/30/20 (9/30/20 Order) (dkt. no. 387 ), at 15-16.]. In light of the approaching deadline to conclude the receivership, the parties are each hereby ORDERED to submit a letter of three pages or less, explaining the status of the Motion and whether the Motion is still necessary following the 9/30/20 Order. The letters must be received by November 20, 2020. The letters must be submitted to the Court by facsimile to 541-1386. If any party is unable to submit the required letter by facsimile, they are granted leave to submit the letter by email to kobayashi_orders@hid.uscourts.gov. Generally, case-related correspondence is not accepted by email without leave, and the leave granted in this instance does not extend to other matters or cases. (JUDGE LESLIE E. KOBAYASHI) (afe)
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Filing
387
ORDER: DENYING DEFENDANT'S MOTION FOR SUPPLEMENTAL JUDGMENT; GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION TO DIRECT PAYMENT AND AMEND THE RECEIVERSHIP ORDER OR ENJOIN THE RECEIVER; AND ADDRESSING THE RECEIVER'S MOTION FOR I NSTRUCTIONS re 317 , 320 , 348 , 351 , 360 - Signed by JUDGE LESLIE E. KOBAYASHI on 9/30/2020. On the basis of the foregoing, AOAO's Motion for Supplemental Judgement Against Plaintiffs Michael David Br user and Lynn Bruser, filed May 5, 2020, is HEREBY DENIED. The Brusers' Non-Hearing Motion for Order (A) Directing Payment to Defendant/Counterclaim Plaintiff Bank of Hawaii, as Trustee, and (B) Amending/Enjoining the Temporary Receivership Ord er, filed June 30, 2020 is HEREBY GRANTED IN PART and DENIED IN PART. The Receiver's Motion for Instructions, filed July 3, 2020, is denied, that is, the Receiver is HEREBY ORDERED to not disburse any funds related to BOH's rent renegotiation request. The Receiver SHALL remit to BOH the amounts identified above and file a final report, at which point the Brusers may move to terminate the receivership. (emt, )
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Filing
355
ORDER ADOPTING IN PART AND REJECTING IN PART THE MAGISTRATE JUDGE'S APRIL 10, 2020 ORDER re 304 - Signed by JUDGE LESLIE E. KOBAYASHI on 7/17/2020. On the basis of the foregoing, the 4/10/20 Order, which is construed as the magistrate judge's findings and recommendation, is ADOPTED IN PART and REJECTED IN PART. The portion of the 4/10/20 Order related to the Receiver is ADOPTED, the portion related to the Receiver's counsel is REJECTED and REMANDED to the magistrate judge for further consideration in light of this Court's order. (emt, )
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Filing
307
EP: Telephonic Status hearing regarding 301 MOTION for Instructions filed by Temporary Receiver, Steve K. Sombrero held. All parties present telephonically.Counsel, David C. Farmer addresses the Court regarding the issue of the deposit o f the funds.Court hears from the parties regarding their position.Court Orders: Receiver will deposit the funds into a flexible account that has some interest that is accrued, but is not required to deposit it in an interest-bearing account such as a Certificate of Deposit which requires a minimum time in which the money must remain in that account. (JUDGE LESLIE E. KOBAYASHI) (afe)
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Filing
281
ORDER REGARDING PLAINTIFFS/COUNTERCLAIM DEFENDANTS' RESPONSE TO ORDER TO SHOW CAUSE re 267 , 269 , 271 - Signed by JUDGE LESLIE E. KOBAYASHI on 1/29/2020. On the basis of the foregoing, the Brusers have no t shown cause as to why they should not be held in contempt. Therefore, the Brusers are HEREBY HELD in civil contempt and ORDERED to pay sanctions representing BOH's reasonable attorney's fees and costs incurred: 1) to oppose the Brusers& #039; Motion for Stay and Reconsideration; and 2) in the proceedings following the entry of the OSC. BOH is AWARDED $9,676.44 in attorney's fees and $91.41 in costs, for a total award of $9,767.85. The Brusers are ORDERED to pay $9,767.85 to BOH, through BOH's counsel, by February 13, 2020 . (emt, )
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Filing
259
ORDER DENYING Plaintiffs' Objections and Adopting The Magistrate Judge's Findings and Recommendation To Grant Defendant's Motion For Order To Show Cause and to Deny Plaintiffs' Counter Motion re 244 253 . On the basis of t he foregoing, the Brusers' Objections to the Magistrate Judge's Findings and Recommendation to Grant Defendant's Motion for Order to Show Cause and to Deny Plaintiffs' Counter-Motion, filed May 17, 2019, is HEREBY DENIED and the M agistrate Judge's F&R is HEREBY ADOPTED. BOH's OSC Motion is HEREBY GRANTED, and the Brusers are ORDERED to show cause as to why they should not be held in civil contempt for their failure to comply with the Receivership Order, filed Februa ry 13, 2019. The Brusers are ORDERED to file a response to this Order by August 28, 2019, and to appear before this Court on September 4, 2019 at 3:30 p.m. to show cause as to why they should not be held in civil contempt. Signed by JUDGE LESLIE E. KOBAYASHI on 8/8/2019. (cib)
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Filing
242
AMENDED ORDER (1) Granting Defendant/Counterclaim Plaintiff Bank of Hawaii's Motion For Appointment Of Temporary Receiver and (2) Granting In Part and Denying In Part Intervenor Defendant/Counterclaim Plaintiff Association of Apartment Owners of Discovery Bay's Substantive Joinder.On the basis of the foregoing, BOH's Motion for Appointment of a Temporary Receiver, filed July 31, 2018, is HEREBY GRANTED, and AOAO's Joinder in BOH's Motion, filed August 7, 2018, is HERE BY GRANTED IN PART AND DENIED IN PART. The Joinder is GRANTED with respect to the appointment of a temporary receiver and DENIED as to all other issues. The Court ORDERS BOH to prepare an Order of Appointment for this Court's review and approval. The proposed order shall be submitted by February 11, 2019. Signed by JUDGE LESLIE E. KOBAYASHI on 2/7/2019. (cib, )
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Filing
241
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION FOR RECONSIDERATION re 234 - Signed by JUDGE LESLIE E. KOBAYASHI on 1/31/2019. On the basis of the foregoing, the Brusers' Motion for Reconside ration, filed November 30, 2018, is HEREBY GRANTED IN PART and DENIED IN PART. The Motion for Reconsideration is GRANTED insofar as the amendments noted herein, and DENIED in all other respects. The Court ORDERS BOH to submit an amended Or der of Appointment for this Court's review and approval, which shall reflect any revisions made necessary by this Order. The proposed amended order shall be submitted by February 11, 2019. If there are no changes to the original proposed Order of Appointment, the Court ORDERS BOH to resubmit the original proposed Order of Appointment by February 11, 2019. (emt, )
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Filing
233
ORDER (1) GRANTING DEFENDANT/COUNTERCLAIM PLAINTIFF BANK OF HAWAII'S MOTION FOR APPOINTMENT OF TEMPORARY RECEIVER 221 AND (2) GRANTING IN PART AND DENYING IN PART INTERVENOR DEFENDANT/COUNTERCLAIM PLAINTIFF ASSOCIATION OF AP ARTMENT OWNERS OF DISCOVERY BAY'S SUBSTANTIVE JOINDER 223 . Excerpt of conclusion:"BOH's Motion for Appointment of a Temporary Receiver, filed July 31, 2018, is HEREBY GRANTED, and AOA O's Joinder in BOH's Motion, filed August 7, 2018, is HEREBY GRANTED IN PART AND DENIED IN PART. The Joinder is GRANTED with respect to the appointment of a temporary receiver and DENIED as to all other issues. The Court ORDERS BOH to prepare an Order of Appointment for this Court's review and approval. The proposed order shall be submitted by December 5, 2018." IT IS SO ORDERED. Signed by JUDGE LESLIE E. KOBAYASHI on 11/21/2018. (afc)
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Filing
220
ORDER DENYING BANK OF HAWAII AND THE ASSOCIATION OF APARTMENT OWNERS OF DISCOVERY BAY'S OBJECTIONS TO THE FINDINGS AND RECOMMENDATION TO (1) GRANT IN PART AND DENY IN PART BANK OF HAWAII'S MOTION FOR ATTORNEYS' FEES AND COSTS; AND (2) GRANT IN PART AND DENY IN PART ASSOCIATION OF APARTMENT OWNERS OF DISCOVERY BAY'S MOTION FOR ATTORNEYS' FEES AND COSTS re 212 Findings and Recommendations.. Signed by JUDGE LESLIE E. KOBAYASHI on 04/27/2017. (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).
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Filing
192
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER. Signed by JUDGE LESLIE E. KOBAYASHI on 6/28/2016. ~ Following the conclusion of a bench trial in this matter, and in accordance with the foregoing Findings of Fact and Conclu sions of Law, it is HEREBY ORDERED that judgment shall enter in favor of BOH, the Henderson/Gowans, AOAO,Yokoyama, and Sheetz Bow as follows: (1) The Court finds in favor of BOH on their second counterclaim for breach of contract under the CCD. (2) The Court finds in favor of the Henderson/Gowans, AOAO, Yokoyama, and Sheetz Bow on their claims for declaratory relief and finds that, under the CCD, the Brusers are liable for the total amount of the unpaid Trustee Fee. (3) The Court awards � 36;137,434.50 to BOH, which consists of the difference between what the Brusers owed and what they paid between October 2014 and December 2015, including the applicable GET. (4) Any party that believes this amount is in error may file a motion to alter or amend a judgment pursuant to Fed. R. Civ. P. 59(e). (5) Pursuant to the CCD, the Court awards attorneys' fees and costs to BOH. BOH, and any other party that believes it is entitled to attorneys fees and costs must submit the approp riate motion within fourteen days of entry of judgment. Thereafter, the Court will refer the matter to the magistrate judge for determination of the amount of the award. (6) The Court directs the Clerk's Office to enter judgment in favor of BOH, the Henderson/Gowans, AOAO, Yokoyama, and Sheetz Bow as set forth herein. (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
182
COURT'S DECISION. Signed by JUDGE LESLIE E. KOBAYASHI on 02/19/2016. -- BOH is instructed to prepare the proposed Findings of Fact and Conclusions of Law ("FOF/COL") consistent with the Court's ru ling herein, and annotated to the record and the trial transcript by no later than March 22, 2016. The Brusers may respond to those portions of BOH's proposed FOF/COL that they object to by filing an alternative proposed FOF/COL, annotated to th e record and the trial transcript, and addressing the portions objected to, by no later than April 12, 2016. Thereafter, a final FOF/COL shall be issued by the Court that will supersede any rulings, findings, or conclusions herein, and that will serv e as the final decision in this matter. -- In the event that the parties do not prepare and serve proposed FOF/COL as ordered, this outline shall be deemed the Court's findings of fact and conclusions of law. (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).
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Filing
181
ORDER DENYING PLAINTIFFS' LOCAL RULE 60.1(C) MOTION FOR RECONSIDERATION OF JANUARY 19, 2016 MINUTE ORDER DEEMING MOOT AND TERMINATED "PLAINTIFFS' MOTION (1) FOR CLARIFICATION OF THE JANUARY 8, 2016 'COURT ORDER REGARDING REMAINING ISSUES FOR JURY TRIAL,' AND (2) FOR A STAY OF ALL PROCEEDINGS IN THIS CASE" re 175 Motion for Reconsideration. Signed by JUDGE LESLIE E. KOBAYASHI on 02/16/2016. (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).
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Filing
88
ORDER GRANTING DEFENDANT/COUNTERCLAIM PLAINTIFF BANK OF HAWAII'S MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO ITS FIRST COUNTERCLAIM AGAINST PLAINTIFFS/COUNTERCLAIM DEFENDANTS, AND JOINDER OF INTERVENOR DEFENDANT ASSOCIATION OF APARTMENT OWNERS OF DISCOVERY BAY; AND DENYING THE OTHER JOINDERS THERETO 50 Motion for Partial Summary Judgment 56 Motion for Joinder 57 Motion for Joinder 58 Motion for Joinder 59 Motion for Joinder Signed by JUDGE L ESLIE E. KOBAYASHI on 07/21/2015. BOH's Motion for Partial Summary Judgment as to Its First Counterclaim against Plaintiffs/Counterclaim Defendants, filed April 16, 2015, and the AOAO Joinder, filed April 23, 2015, are H EREBY GRANTED. The joinders of Intervenor Defendants Susan Sheetz and Patricia Sheetz Bow; Julie G. Henderson, trustee of the Jean K. Gowans Irrevocable Trust, Julie G. Henderson, trustee of the Louis L. Gowans, Jr., Irrevocable Trust, and Richard L. Gowans, trustee of the Richard L. Gowans Irrevocable Trust; and Kevin I. Yokoyama, trustee of the Kevin I. Yokoyama Trust and the Irvine K. Yokomaya, Jr. Trust, all filed April 23, 2015, are HEREBY DENIED. (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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