Mariano et al v. Bank of Hawaii et al
| Elvira R. Mariano, Alejandro B. Mariano and Crisostomo R. Raguine |
| Bank of Hawaii, Peter Ho, Rick Murphy, Raechelle Hester, Sui Lum, Mitzi A. Lee, Lorrin A. Kau, Jerome Adarna, Department of Commerce, John Does, Jane Does, Doe Governmental Units, Doe Non-Profit Corporations and Doe Corporations |
| 1:2015cv00087 |
| March 19, 2015 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| Honolulu |
| BARRY M. KURREN |
| SUSAN OKI MOLLWAY |
| Foreclosure |
| 28 U.S.C. ยง 1345 |
| Plaintiff |
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Filing
85
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS BANK OF HAWAII, PETER HO, RAECHELLE HESTER, SUI LUM, AND MITZI A. LEE'S MOTION TO DISMISS COMPLAINT AND JEROME ADARNA'S JOINDER THEREIN; ORDER DECLINING TO EXERCISE SUPPLEMENTAL JURIS DICTION OVER ALL REMAINING CLAIMS re 71 , 73 - Signed by JUDGE SUSAN OKI MOLLWAY on 5/13/2016. "The court grants in part and denies in part the Rule 12(b)(6) motion to dismiss filed by Defendants Bank of Hawaii, P eter Ho, Raechelle Hester, Sui Lum, and Mitzi A. Lee and the joinder therein filed by Jerome Adarna. The court dismisses the Fair Housing Act and Equal Credit Opportunity Act claims on statute of limitations grounds. Because all claims providing th is court with federal question subject matter jurisdiction have been dismissed, the court declines to exercise supplemental jurisdiction over the remaining state-law claims. Those claims are dismissed without prejudice to their being asserted in state court. In referring to the reassertion of state-law claims in state court, this court is not suggesting that the state claims are valid or timely. With respect to the timeliness of reasserting the state-law claims dismissed by the present or der, this court points Plaintiffs to 28 U.S.C. § 1367, which (assuming there is no other time bar such as an already expired limitations period) provides that the limitations period "shall be tolled while the claim is pending [in federal court] and for a period of 30 days after it is dismissed unless State law provides for a longer tolling period." "The Clerk of Court is directed to enter judgment in favor of Defendants and to close this case." (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). Elvira R. Mariano and Alejandro B. Mariano, Jr. served by first class mail at the address of record on May 13, 2016.
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Filing
68
ORDER DENYING DEFENDANTS' BANK OF HAWAII, PETER HO, RAECHELLE HESTER, SUI LUM, AND MITZI A. LEE'S MOTION TO DISMISS COMPLAINT AND JEROME ADARNA'S JOINDER THEREIN; ORDER GRANTING DEFENDANT LORRIN A. KAU'S MOTION TO DISMISS COMPLA INT; ORDER GRANTING DEFENDANT DEPARTMENT OF COMMERCE & CONSUMER AFFAIRS MOTION TO DISMISS; ORDER DENYING PLAINTIFF ELVIRA R. MARIANO'S MOTION FOR SUMMARY JUDGMENT re 18 , 22 , 25 , 28 , 48 , 54 - Signed by JUDGE SUSAN OKI MOLLWAY on 1/2 2/2016. (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). Elvira Mar iano and Alejandro B. Mariano, Jr. served by first class mail at the address of record on January 22, 2016. Gregory W. Kugle, Esq., (pro bono counsel for Alejandro B. Mariano, Jr) of the law firm Damon Key Leong Kupchak Hastert served electronically at the e-mail address listed on the Notice of Electronic Filing (NEF).
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Filing
62
ORDER ADOPTING ORDER DENYING PLAINTIFFS' REQUEST FOR AN EXTENSION OF TIME TO SERVE RICK MURPHY; FINDINGS AND RECOMMENDATION TO DISMISS DEFENDANT RICK MURPHY FOR FAILURE TO SERVE re 60 - Signed by JUDGE SUSAN OKI MOLLWAY on 12/8/201 5. Rick Murphy terminated. (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). Elvira R. Mariano served by first class mail at the address of record on December 8, 2015.
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Filing
45
ORDER REGARDING COUNSEL FOR ALEJANDRO B. MARIANO, JR. re 18 , 22 , 25 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 8/12/2015. "This court will defer its ruling on the pending dispositive motions until the court has completed attempts to find pro bono counsel." (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). Elvira R. Mariano and Alejandro B. Mariano, Jr. served by first class mail at the address of record on August 12, 2015.
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