Hyland v. County of Hawaii et al
| Lanric Hyland |
| County of Hawaii, Office of Housing & Community Development, Hawaii Affordable Properties, Ainakea Senior Residences LLLP and John/Jane Does I-X |
| 1:2015cv00504 |
| December 9, 2015 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| Hawaii |
| LESLIE E. KOBAYASHI |
| RICHARD L. PUGLISI |
| Housing/Accommodations |
| 42 U.S.C. ยง 1981 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
273
ORDER Sua Sponte Reconsidering The Portion Of The March 16, 2016 Order Dismissing With Prejudice The Security Deposit Claims Against Defendant Hawaii Affordable Properties, Inc. re 47 . This Court HEREBY RECONSIDERS the 3/16/16 Order ins ofar as the portion of the order dismissing the security deposit claims against HAPI with prejudice is VACATED. All other portions of the 3/16/16 Order remain in effect and are not altered by the instant Order in any way.Plaintiffs' security deposit claims against HAPI in Count I of the Third Amended Complaint are properly before this Court at this time and will be addressed on the merits in connection with the parties' pending motions for summary judgment. This Court finds that th e issues relevant to the security deposit claims against HAPI were sufficiently briefed in connection with the motions for summary judgment 220 , 221 , 223 , 225 , and no further briefing is necessary. The parties' motions for summary judgment have been taken under advisement, and no further briefing will be considered unless the filing party obtains leave from this Court before filing any additional materials regarding any of the motions for summary judgment. Signed by JUDGE LESLIE E. KOBAYASHI on 9/24/2018. (cib, )
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Filing
241
ORDER Granting In Part and Denying In Part Motions To Dismiss and Joinders re 173 181 . Signed by JUDGE LESLIE E. KOBAYASHI on 8/29/2018. (cib, )
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Filing
134
ORDER GRANTING IN PART AND DENYING IN PART: (1) DEFENDANT AINAKEA SENIOR RESIDENCES LLLP'S MOTION TO STRIKE; AND (2) DEFENDANT OFFICE OF HOUSING & COMMUNITY DEVELOPMENT, COUNTY OF HAWAII'S JOINDER re 116 Motion to Strike re [11 8] Motion for Joinder. Signed by JUDGE LESLIE E. KOBAYASHI on 09/29/2017. Defendant Ainakea Senior Residences LLLP's motion to strike, filed August 14, 2017, is HEREBY GRANTED IN PART AND DENIED IN PART. The Moti on to Strike is GRANTED insofar as this Court DIRECTS the Clerk's Office to STRIKE Hawaii Island Community Development Corporation from the case caption, and the Motion to Strike is DENIED in all other respects. Defendant Office of Housing & Community Development, County of Hawaii's joinder, filed August 15, 2017, is construed as a joinder of simple agreement, and therefore is also GRANTED IN PART AND DENIED IN PART. (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
105
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S APPEAL OF THE MAGISTRATE JUDGE'S JUNE 9, 2016 ORDER AND AUGUST 1, 2016 ORDER; AND WITHDRAWING THIS COURT'S MARCH 16, 2017 ORDER re 81 Signed by JUDGE LESLIE E. KOBAYASHI on 06/30/2017. Plaintiff's appeal of the magistrate judges June 9, 2016 order and August 1, 2016 order, is HEREBY GRANTED IN PART AND DENIED IN PART. This Court GRANTS Plaintiff leave to file a second amended complaint , consistent with the terms of this Order. Plaintiff must file his second amended complaint by July 31, 2017.Further, in light of the ruling on the Appeal, this Court WITHDRAWS September 30, 2016 order. (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
80
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION TO DISMISS SUIT WITHOUT PREJUDICE re 74 Motion to Dismiss. Signed by JUDGE LESLIE E. KOBAYASHI on 09/30/2016. -- Plaintiff's Motion to Dismiss Suit Without Prejudice, filed August 15, 2016, is HEREBY GRANTED IN PART AND DENIED IN PART. Plaintiff's Motion is GRANTED insofar as the Representative Claims and Plaintiff's Lease Termination Claim are HEREBY DISMISSED WITHOUT PRE JUDICE to the re-filing of those claims in a new case. Plaintiff's Motion is DENIED insofar as all of the other claims which remained at issue in this case after this Courts March 16, 2016 order are HEREBY DISMISSED WITH PREJUDICE. There being no remaining claims in this case, this Court DIRECTS the Clerk's Office to enter final judgment and close the case on October 21, 2016, unless any party files a motion for reconsideration of the instant Order by October 17,2016. (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). Participants not registered to receive electronic notifications served by first class mail on October 3, 2016
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Filing
47
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS OFFICE OF HOUSING & COMMUNITY DEVELOPMENT, COUNTY OF HAWAIIS MOTION TO DISMISS; AND GRANTING IN PART AND DENYING IN PART DEFENDANT HAWAII AFFORDABLE PROPERTIES, INC.'S SUBSTANTIVE JOINDER re 4 Motion to Dismiss for Failure to State a Claim; re 9 Motion for Joinder. Signed by JUDGE LESLIE E. KOBAYASHI on 03/16/2016. To the extent that this Court has dismissed any claim without prejudice, th is Court will allow Plaintiff to file a motion for leave to file an amended complaint. Plaintiff must attach a copy of his proposed amended complaint to the motion for leave to file an amended complaint. See Local Rule LR10.3 ("Any party filing or moving to file an amended complaint... shall reproduce the entire pleading as amended and may not incorporate any part of a prior pleading by reference, except with leave of court."). This Court ORDERS Plaintiff to file his motion for leave t o file an amended complaint by May 2, 2016. The motion will be referred to the magistrate judge. This Court CAUTIONS Plaintiff that, if he fails to file his motion for leave to file an amended complaint by May 2, 2016, all of the claims that this Court dismissed without prejudice in this Order will be dismissed with prejudice, and this Court will direct the Clerk's Office to issue the final judgment and close the case. In other words, Plaintiff would have no remaining claims in this case. This Court also CAUTIONS Plaintiff that,even if the magistrate allows Plaintiff to file his proposed amended complaint, as to any claim that this Order dismissed without prejudice, the corresponding amended claim may be dismissed with prejudic e if the amended claim fails to cure the defects identified in this Order. (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
46
ORDER DENYING PLAINTIFF'S MOTION TO REMAND TO HAWAI'I 3RD CIRCUIT COURT re 37 Motion to Remand. Signed by JUDGE LESLIE E. KOBAYASHI on 03/08/2016. (eps )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 served by first class mail on March 9, 2016
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