United States of America v. Sandwich Isles Communications, Inc. et al
| United States of America |
| Sandwich Isles Communications, Inc., Albert S.N. Hee, Randall Y.C. Ho, Janeen-Ann Olds, ClearCom, Inc., Ho'opa'a Insurance Corp., Pa Makani LLC, Paniolo Cable Company, LLC, Waimana Enterprises, Inc., Hawaii National Bank, Maui Electric Co. Ltd., Hawaiian Electric Company, Inc., Central Pacific Bank, Kekauluohi, Inc., Dell Financial Services LLC and R.M. Towill Corp. |
| 1:2018cv00145 |
| April 20, 2018 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| Honolulu |
| KEVIN S.C. CHANG |
| J. MICHAEL SEABRIGHT |
| Other Contract |
| 28 U.S.C. ยง 1345 |
| None |
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Filing
513
FINDINGS OF FACT AND CONCLUSIONS OF LAW AS TO CLAIMS AGAINST ALBERT S.N. HEE - Signed by JUDGE J. MICHAEL SEABRIGHT on 8/31/2023. For the foregoing reasons, Plaintiff United States of America has failed to prove liability aga inst Defendant Albert S. Hee under Counts Three through Six. Judgment will issue in favor of Defendant Hee after the court resolves the remaining issue regarding foreclosure as to Sandwich Isles.COURT' ;S CERTIFICATE OF SERVICE - Albert S.N. Hee shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on September 1, 2023. Registered Participants of CM/ECF received the document electronically to the email addresses listed on the Notice of Electronic Filing (NEF). (jni)
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Filing
275
ORDER OVERRULING OBJECTION TO WRIT OF EXECUTION, ECF NO. 265 - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 6/29/2020. (jo)COURT'S CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing
221
ORDER (1) GRANTING MOTION TO DISMISS FIRST AMENDED COUNTERCLAIM OF SANDWICH ISLES COMMUNICATIONS, INC., ECF NO. 176 ; AND (2) GRANTING MOTION FOR ENTRY OF FINAL JUDGMENT ON COUNT ONE OF THE COMPLAINT, ECF NO. 179 - Signed by CHIEF JUDGE J. MICH AEL SEABRIGHT on 2/3/2020. For the foregoing reasons, (1) the United States' Motion to Dismiss First Amended Counterclaim of Sandwich Isles Communications, Inc., ECF No. 176, is GRANTED, and (2) The Un ited States' Motion for Entry of Final Judgment on Count I of the Complaint, ECF No. 179, is GRANTED. The First Amended Counterclaim is DISMISSED with prejudice. A Rule 54(b) judgment shall issue forthwith in favor of the United States and ag ainst Sandwich Isles. The evidence submitted by the United States in its Reply indicates that, as of September 30, 2019, the exact amount owed by Sandwich Isles for breach of contract under Count One was $136, 598,437.40. See Kuchno Decl. 5, ECF No. 196-1 at PageID #3202; see also id. at PageID #3204-06 (providing billings of interest and principal due). But because interest on that amount has apparently continued to accrue since that tim e, to fix the exact amount of judgment, the United States is instructed to file a declaration (including similar proof of interest and principal due) with an updated amount owed as of the date this order is filed. That declaration is due by Feb ruary 7, 2020. If Sandwich Isles desires to dispute the calculation of that amount, it may do so by February 14, 2020 with any opposition strictly limited to the calculation. After approval by this court, the clerk of court will enter a n amended Rule 54(b) judgment, with the total amount owing under Count One of the Complaint. (jo)COURT'S CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing
175
ORDER (1) GRANTING MOTIONS TO DISMISS AMENDED COUNTERCLAIMS OF DEFENDANT ALBERT HEE, ECF NOS. 132 , 134 ; AND (2) DENYING HEES MOTION FOR PARTIAL SUMMARY JUDGMENT, ECF NO. 127 - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 8/26/2019. "For the foregoing reasons, the court GRANTS (1) the United States' Motion to Dismiss Counterclaim of Albert S.N. Hee, ECF No. 132, and (2) the Individual-Capacity Counter-Defendants' Motion to Strike, or alternatively, Dismiss Albert Hee's Counterclaim, ECF No. 134. The court DENIES Albert Hee's Motion for Partial Summary Judgment, ECF No. 127." (jo)COURT'S CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing
161
ORDER (1) GRANTING IN PART PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT, ECF NO. 48 ; (2) GRANTING PLAINTIFF'S MOTION TO DISMISS COUNTERCLAIM, ECF NO. 52 ; AND (3) GRANTING THIRD-PARTY DEFENDANTS' MOTION TO DISMISS INDIVIDUAL CAPA CITY CLAIMS, ECF NO. 55 - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 7/22/2019. "The United States' Motion for Partial Summary Judgment, ECF No. 48, is GRANTED as to Count One of its Complaint. Sandwich Isles has defaulted and has breached the loan contracts. The United States' Motion to Dismiss Counterclaim, ECF No. 52, is GRANTED as to all official-capacity claims. Counterclaimants are granted leave to file an amended counterclaim by August 19, 2019, as to Count One (violation of the Equal Credit Opportunity Act) of the counterclaim only. The Individual Capacity Third-Party Defendants' Motion to Dismiss th e Individual Capacity Claims, ECF No. 55, is GRANTED. The Third-Party Claims based on Bivens are DISMISSED with prejudice." (jo)COURT'S CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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