Justia Dockets & Filings Ninth Circuit Hawaii District Court Wond Family Kapalama, LLC v. Continental Tire The Americas, LLC

Wond Family Kapalama, LLC v. Continental Tire The Americas, LLC

Plaintiff:	Wond Family Kapalama, LLC
Defendant:	Continental Tire The Americas, LLC
Case Number:	1:2016cv00676
Filed:	December 28, 2016
Court:	US District Court for the District of Hawaii
Office:	Hawaii Office
County:	Honolulu
Presiding Judge:	LESLIE E. KOBAYASHI
Presiding Judge:	KENNETH J. MANSFIELD
Nature of Suit:	Environmental Matters
Cause of Action:	42 U.S.C. § 9607
Jury Demanded By:	Plaintiff

Available Case Documents

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Date Filed	Document Text
May 23, 2018	Filing 133 ORDER DENYING THIRD-PARTY DEFENDANT'S MOTION TO DISMISS DEFENDANT CONTINENTAL TIRE THE AMERICAS LLC'S THIRD-PARTY COMPLAINT, FILED ON AUGUST 21, 2017 (DKT. 42 ) re 88 , 127 - Signed by JUDGE LESLIE E. KOBAYASHI on 5/23/2018. On the basis of the foregoing, Melim's "Motion to Dismiss Defendant Continental Tire the Americas, LLC's Third-Party Complaint, Filed on August 21, 2017 [Dkt. 42]," filed December 20, 2017, is HEREBY DENIED. Melim is ORDERED to file its answer to the Third-Party Complaint by June 20, 2018. (emt, )
May 1, 2018	Filing 128 ORDER GRANTING IN PART AND DENYING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT RE: COUNT IV OF COMPLAINT AND DENYING ALL OTHER MOTIONS FOR SUMMARY JUDGMENT re 60 MOTION for Summary Judgment as to Count IV (Bre ach of Contract) of Plaintiff's Complaint, re 62 MOTION for Partial Summary Judgment Re: Counts IV of Complaint, re 56 MOTION for Summary Judgment as to Counts I, II, and III (CERCLA/HERL), re 58 M OTION for Summary Judgment as to Count V (Indemnity) of Plaintiff's Complaint, re 66 MOTION for Partial Summary Judgment Re: COUNTS I, II AND III OF COMPLAINT. Signed by JUDGE LESLIE E. KOBAYASHI on 05/01/ 2018. Wond Family's Motion for Partial Summary Judgment Re: Count IV of Complaint, filed October 6, 2017, is HEREBY GRANTED IN PART AND DENIED IN PART. The following motions are HEREBY DENIED, in their entirety: Cont inental Tire's Motion for Summary Judgment as to Counts I, II, and III of Plaintiff's Complaint; Continental Tire's Motion for Summary Judgment as to Count IV of Plaintiff's Complaint; and Continental Tires Motion for Summary Judg ment as to Count V of Plaintiff's Complaint; all filed October 6, 2017; and Wond Family's Motion for Partial Summary Judgment Re: Counts I, II, and III of Complaint; filed October 11, 2017.Specifically, Wond Family's Count IV Motio n is GRANTED insofar as this Court rules that: 1) holdover rent is an available remedy for commercial lessors under Hawai'i common law; and 2) through the Assignment, Continental Tire assumed all of the Lessee's obligations in the Sublease. Wond Family's Count IV Motion is DENIED in all other respects. (eps, )

Date Filed

Document Text

May 23, 2018

Filing 133 ORDER DENYING THIRD-PARTY DEFENDANT'S MOTION TO DISMISS DEFENDANT CONTINENTAL TIRE THE AMERICAS LLC'S THIRD-PARTY COMPLAINT, FILED ON AUGUST 21, 2017 (DKT. 42 ) re 88 , 127 - Signed by JUDGE LESLIE E. KOBAYASHI on 5/23/2018. On the basis of the foregoing, Melim's "Motion to Dismiss Defendant Continental Tire the Americas, LLC's Third-Party Complaint, Filed on August 21, 2017 [Dkt. 42]," filed December 20, 2017, is HEREBY DENIED. Melim is ORDERED to file its answer to the Third-Party Complaint by June 20, 2018. (emt, )

May 1, 2018

Filing 128 ORDER GRANTING IN PART AND DENYING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT RE: COUNT IV OF COMPLAINT AND DENYING ALL OTHER MOTIONS FOR SUMMARY JUDGMENT re 60 MOTION for Summary Judgment as to Count IV (Bre ach of Contract) of Plaintiff's Complaint, re 62 MOTION for Partial Summary Judgment Re: Counts IV of Complaint, re 56 MOTION for Summary Judgment as to Counts I, II, and III (CERCLA/HERL), re 58 M OTION for Summary Judgment as to Count V (Indemnity) of Plaintiff's Complaint, re 66 MOTION for Partial Summary Judgment Re: COUNTS I, II AND III OF COMPLAINT. Signed by JUDGE LESLIE E. KOBAYASHI on 05/01/ 2018. Wond Family's Motion for Partial Summary Judgment Re: Count IV of Complaint, filed October 6, 2017, is HEREBY GRANTED IN PART AND DENIED IN PART. The following motions are HEREBY DENIED, in their entirety: Cont inental Tire's Motion for Summary Judgment as to Counts I, II, and III of Plaintiff's Complaint; Continental Tire's Motion for Summary Judgment as to Count IV of Plaintiff's Complaint; and Continental Tires Motion for Summary Judg ment as to Count V of Plaintiff's Complaint; all filed October 6, 2017; and Wond Family's Motion for Partial Summary Judgment Re: Counts I, II, and III of Complaint; filed October 11, 2017.Specifically, Wond Family's Count IV Motio n is GRANTED insofar as this Court rules that: 1) holdover rent is an available remedy for commercial lessors under Hawai'i common law; and 2) through the Assignment, Continental Tire assumed all of the Lessee's obligations in the Sublease. Wond Family's Count IV Motion is DENIED in all other respects. (eps, )

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Plaintiff: Wond Family Kapalama, LLC
Represented By:	Philip J. Leas
Represented By:	Elijah Yip
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Defendant: Continental Tire The Americas, LLC
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