Galima et al v. Association of Apartment Owners of Palm Court
| Rudy Akoni Galima and Roxana Beatriz Galima |
| Association of Apartment Owners of Palm Court and Doe Defendants 1-10 |
| 1:2016cv00023 |
| January 22, 2016 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| Honolulu |
| KEVIN S.C. CHANG |
| LESLIE E. KOBAYASHI |
| Foreclosure |
| 28 U.S.C. ยง 2201 |
| None |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
304
ORDER GRANTING PLAINTIFFS' MOTION FOR RECONSIDERATION OF THE ORDER GRANTING SUMMARY JUDGMENT OF THEIR HAWAII UNFAIR DECEPTIVE PRACTICES ACT CLAIM re 292 , 303 - Signed by JUDGE LESLIE E. KOBAYASHI on 9/24/2020. On the basis of the foregoing, Plaintiffs' Motion for Reconsideration of the Order Granting Summary Judgment of Their Hawaii Unfair Deceptive Practices Act Claim, filed June 23, 2020, is HEREBY GRANTED. The portion of this Court's Decem ber 31, 2018 order granting summary judgment in favor of the AOAO as to Count III, Plaintiffs' UDAP claim, is VACATED and SUPERSEDED by this Order. The AOAO's January 24, 2018 Motion for Summary Judgment is DENIED as to Count III. All other rulings in the December 31, 2018 order are unaffected by this Order. (emt, )
|
|
Filing
303
EO: COURT ORDER RULING ON PLAINTIFFS' MOTION FOR RECONSIDERATION OF THE ORDER GRANTING SUMMARY JUDGMENT OF THEIR HAWAII UNFAIR DECEPTIVE PRACTICES ACT CLAIM. On December 31, 2018 this Court issued its Order Granting in Part and Denying inPart: Plaintiffs' Motion for Partial Summary Judgment; Defendant AOAO's Motion for Summary Judgment; and Defendant Chow's Motion for Summary Judgment ("12/31/18 Order"). Dkt. no. 173 , also available at 2018 WL 6841818. Before the Court is Plaintiffs Rudy Akoni Galima and Roxana Beatriz Galima's ("Plaintiffs") motion for partial reconsideration of the 12/31/18 Order ("Motion for Reconsideration"), filed June 23, 2020. [Dkt. no. 292 .] The Motion for Reconsideration has been fully briefed. [Dkt. nos. 296 (Def. Association of Apartment Owners of Palm Courts ("AOAO") mem. in opp.), 297 (Def. Bryson Chow's joinder in the mem. in opp.), 302 (Pltfs. ' reply).] The Court has considered the Motion for Reconsideration as a non-hearing matter pursuant to Local Rule 7.1(d).The parties are hereby informed that the Motion for Reconsideration is GRANTED. The Court's ruling in the 12/31/18 Order on Plaintiffs' Haw. Rev. Stat. Chapter 480 claim against the AOAO for unfair or deceptive acts or practices is VACATED, in light of Malabe v. Assn of Apartment Owners of Executive Center, 147 Hawai`i 330, 465 P.3d 777 (2020). A written order will follow that will supersede this ruling. (JUDGE LESLIE E. KOBAYASHI) (afe)
|
|
Filing
282
ORDER DENYING DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT, ECF 263 and ECF 266 - Signed by JUDGE LESLIE E. KOBAYASHI on 4/10/2020.On the basis of the foregoing, the AOAO's Motion for Summary Judgment and Chow's Motion for Summary Judgment, both filed October 18, 2019, are HEREBY DENIED. (jni)
|
|
Filing
253
ORDER DENYING DEFENDANT BRYSON CHOW'S MOTION TO CERTIFY ORDER FOR INTERLOCUTORY APPEAL re 210 - Signed by JUDGE LESLIE E. KOBAYASHI on 6/14/2019. (emt, )
|
|
Filing
246
ORDER Granting In Part and Denying In Part Defendants' Motions For Summary Judgment Regarding Damages re 184 187 .On the basis of the foregoing, Chow's Motion for Summary Judgment Regarding the Measure of Damages Under the Fair Debt C ollection Practices Claim in Count II of the Third Amended Complaint [Dkt. 88] and the AOAO's Motion for Partial Summary Judgment Limiting Plaintiffs' Measure of Damages Arising out ofTheir Claim for Wrongful Foreclosure, both of which were filed February 6, 2019, are HEREBY GRANTED IN PART AND DENIED IN PART. The Motions are GRANTED insofar as Plaintiffs have conceded that, if they prevail on their wrongful foreclosure claim and elect the damages remedy, they would not be entitled to recoverlost rental value as part of their damages. Further, in that instance, Plaintiffs would also be precluded from including lost rental value in their damages for their FDCPA claim. The Motions are DENIED in all other respects. Signed by JUDGE LESLIE E. KOBAYASHI on 5/3/2019. (cib)
|
|
Filing
195
ORDER Denying Defendant Bryson Chow's Motion For Partial Reconsideration re 177 . Signed by JUDGE LESLIE E. KOBAYASHI on 3/8/2019. (cib)
|
|
Filing
173
ORDER GRANTING IN PART AND DENYING IN PART: 115 MOTION for Partial Summary Judgment ON COUNTS I AND II (WRONGFUL FORECLOSURE AND VIOLATION OF THE FAIR DEBT COLLECTION PRACTICES ACT) filed by Rudy Akoni Galima, Roxana Beatriz Galima, 117 MO TION for Summary Judgment filed by Association of Apartment Owners of Palm Court, AND 118 MOTION for Summary Judgment Defendant Bryson Chow's Motion for Summary Judgment Regarding the Fair Debt Collection Practices Claim in Count II of the Third Amended Complaint [Dkt. 88] On the basis of the foregoing, the following motions are HEREBY GRANTED IN PART AND DENIED IN PART: Plaintiffs Motion for Partial Summary Judgment on Counts I and II (Wrongful F oreclosure and Violation of the Fair Debt Collection Practices Act), filed January 19, 2018; the AOAOs Motion for SummaryJudgment, filed January 24, 2018; and Chows Motion for Summary Judgment Regarding the Fair Debt Collection Practices Claim in Co unt II of the Third Amended Complaint [Dkt. 88], also filed January 24, 2018. Specifically, this Court rules as follows: • Plaintiffs Motion is GRANTED insofar as this Court concludes that they have established the elements of C ount I, their wrongful foreclosure claim. Plaintiffs Motion is DENIED in all other respects. • The AOAO Motion is GRANTED insofar as summary judgment is GRANTED in the AOAOs favor as to Count III, Plaintiffs UDAP claim, and Count IV, Pla intiffs fraud claim. The AOAO Motion is also GRANTED insofar as this Court CONCLUDES that equitable tolling based on fraudulent concealment does not apply to Count V, Plaintiffs IIED claim. The AOAO Motion is DENIED in all other respects. 226 The Chow Motion is GRANTED insofar as this Court CONCLUDES that equitable tolling based on fraudulent concealment does not apply to Count II, Plaintiffs FDCPA claim. The Chow Motion is DENIED in all other respects. Thus, this case will p roceed to trial on: 1) the AOAOs defenses as to Count I; 2) if Plaintiffs prevail on the AOAOs asserted defenses to Count I, Plaintiffs damages arising from the wrongful foreclosure; 3) all of the parties asserted issues related to Counts II and V, except for Plaintiffs argument that the statute of limitations for each of those claims was tolled based on fraudulent concealment. Signed by JUDGE LESLIE E. KOBAYASHI on 12/31/2018. (jo)
|
|
Filing
161
ORDER DENYING DEFENDANT BRYSON CHOW'S MOTION TO STAY PROCEEDINGS re 93 , 139 - Signed by JUDGE LESLIE E. KOBAYASHI on 6/8/2018. (emt, )
|
|
Filing
79
ORDER DENYING DEFENDANT ASSOCIATION OF APARTMENT OWNERS OF PALM COURT'S AMENDED MOTION TO DISMISS SECOND AMENDED COMPLAINT [DKT 34 ]; AND GRANTING IN PART AND DENYING IN PART DEFENDANT BRYSON CHOW'S MOTION TO DISMISS [DKT. 34 ] SECOND AME NDED COMPLAINT re 39 Motion to Dismiss re 56 Motion to Dismiss. Signed by JUDGE LESLIE E. KOBAYASHI on 03/30/2017. The AOAO's Amended Motion to Dismiss Second Amended Complaint [Dkt 34], filed August 24, 2016, is HEREBY DENIED in its entirety, and Chow's Motion to Dismiss [Dkt. 34] Second Amended Complaint, filed October 31, 2016, is HEREBY GRANTED IN PART AND DENIED IN PART. Specifically, the Chow Motion is GRANTED insofar as the Court DISMISSES Pla intiffs' claims against Chow in Counts I, III, IV, and V WITH PREJUDICE. This Court DENIES the Chow Motion as to Plaintiffs' claim against Chow in Count II.This Court ORDERS Defendants to file their answers to the Second Amended Complain t by April 20, 2017. This Court emphasizes that the deadline applies even if a motion for reconsideration of this Order is filed. Any motion for reconsideration of this Order must be filed by April 17, 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).
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Hawaii District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
