Acosta v. Saakvitne et al
| R. Alexander Acosta |
| Nicholas L. Saakvitne, Nichlas L. Saakvitne, a Law Corporation, Brian J. Bowers, Dexter C. Kubota, Bowers + Kubota Consulting, Inc. and Bowers + Kubota Consulting, Inc. Employee Stock Ownership Plan |
| 1:2018cv00155 |
| April 27, 2018 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| Honolulu |
| ALAN C. KAY |
| RICHARD L. PUGLISI |
| Employee Retirement Income Security Act of 1974 |
| 29 U.S.C. ยง 1001 |
| 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
696
ORDER RE. NOTICE TO ALL PARTICIPANTS LISTED IN ECF NO. 695-1. Signed by JUDGE SUSAN OKI MOLLWAY on 9/20/2022. (cib)
|
|
Filing
690
ORDER ORDER ADOPTING IN PART AND MODIFYING IN PART FINDINGS AND RECOMMENDATION TO GRANT IN PART DEFENDANTS' BILL OF COSTS (ECF NO. 682 ); ORDER ADOPTING FINDINGS AND RECOMMENDATION TO DENY DEFENDANTS' MOTION FOR ATTORNEYS FEES AND NONTAXAB LE COSTS (ECF NO. 684 ) - Signed by JUDGE SUSAN OKI MOLLWAY on 2/7/2022.The court adopts in part and modifies in part the F&R re Taxable Costs, awarding $41,810.46 in taxable costs to Bowers, Kubota, and the Company.The court adopts the F&R re Attorneys' Fees and Costs and denies the request for such fees and costs by Bowers, Kubota, and the Company. (cib)
|
|
Filing
657
POST-TRIAL FINDINGS OF FACT AND CONCLUSIONS OF LAW; ORDER DIRECTING ENTRY OFJUDGMENT IN FAVOR OF REMAINING DEFENDANTS. Based on the above findings and conclusions, this court rules that the remaining Defendants (i.e., Defendants other than Saakv itne and his law firm) did not violate any provision of ERISA with respect to the sale of the Company to the Company's ESOP. Accordingly, the Clerk of Court is directed to enter judgment in favor of the remaining Defendants and against the Government and to close this case.Signed by JUDGE SUSAN OKI MOLLWAY on 9/17/2021. (cib)
|
|
Filing
453
ORDER GRANTING MOTION FOR ENTRY OF CONSENT JUDGMENT BETWEEN THE GOVERNMENT AND THE SAAKVITNE DEFENDANTS BUT DELAYING ENTRY OF CONSENT JUDGMENT; ORDER DENYING MOTION FOR ENTRY OF BAR ORDER re 397 , 399 .The court grants the request for en try of the Proposed Consent Order and Judgment but denies without prejudice the request for entry of the Proposed Bar Order. The court, however, will not enter the Proposed Consent Judgment and Order at this time. Instead, it looks for guidance from the Government and the Saakvitne Defendants. If the parties wish to submit an Amended Proposed Bar Order that clearly protects the Nonsettling Defendants' rights to bring independent breach of contract and tort claims arising out of the same fac ts, then this court's analysis of potential prejudice may differ. The parties may, of course, file a second motion for entry of a bar order once the liability of all of the Defendants has been established. Signed by JUDGE SUSAN OKI MOLLWAY on 4/22/2021. (cib)
|
|
Filing
423
ORDER AFFIRMING MAGISTRATE JUDGE ORDERS DENYING MOTION FOR FINDING OF CONTEMPT AND IMPOSITION OF SANCTIONS re 409 . The court affirms the Magistrate Judge's denial of Bowers and Kubota's motion for determination of contempt an d imposition of sanctions. However, in the interest of reaching the merits of this case without further litigation, the court orders the Government to conduct further searches of its files as it proposed in its correspondence of December 17, 2020, unless somehow the passage of time makes those proposed searches now unduly burdensome. See ECF No. 396-7. Signed by JUDGE SUSAN OKI MOLLWAY on 4/2/2021. (cib)
|
|
Filing
412
ORDER GRANTING IN PART AND DENYING IN PART GOVERNMENT'S MOTION FOR SUMMARY JUDGMENT; ORDER DENYING BOWERS AND KUBOTA'S MOTION FOR SUMMARY JUDGMENT AND JOINDER THEREIN BUT DISMISSING THE PORTION OF COUNT IX CHALLENGING THE VALIDITY OF LANGUAGE IN THE ESOP STOCK PURCHASE AGREEMENT re 351 , 359 , 362 . Signed by JUDGE SUSAN OKI MOLLWAY on 3/12/2021. (cib)
|
|
Filing
333
ORDER AFFIRMING Discovery Orders, ECF NOS. 307 and 313 . The court affirms the Magistrate Judge's orders restricting the questioning of Prunty and Johnson about matters prohibited by the protective orders. Signed by JUDGE SUSAN OKI MOLLWAY on 12/8/2020. (cib)
|
|
Filing
237
ORDER AFFIRMING Magistrate Judge's Order Granting In Part and Denying In Part Defendants Brian J. Bowers and Dexter C. Kubota's Supplemental Motion To Compel (Items 41-3100); ORDER ADOPTING IN PART AND MODIFYING IN PART Magistrate Judge� 39;s Findings and Recommendation With Respect To Related Motion For Attorneys' Fees and Expenses; Exhibit A. The court affirms the challenged portion of the Discovery Order going to what must be produced. The court adopts the Magistrate Judg e's findings and recommendation that fees and costs be awarded, noting that the award of $1,801.20 in costs is not challenged. However, as to the amount of fees to be awarded, the court modifies the Magistrate Judge's recommendation andissues a reduced award of $63,509.25. Signed by JUDGE SUSAN OKI MOLLWAY on 7/21/2020. (Attachments: # 1 Exhibit A) (cib)
|
|
Filing
214
ORDER Affirming Discovery Order Regarding Documents 16, 27, 28d, 29, 30, 31, 35, 36, and 38.The court affirms the Magistrate Judge's orders allowing the Government to provide Defendants with redacted versions of items 16, 27, 28d, 29, 30, 31, 35, 36, and 38. Signed by JUDGE SUSAN OKI MOLLWAY on 6/1/2020. (cib)
|
|
Filing
47
ORDER Denying (1) Defendant Bowers + Kubota Consulting, Inc.'s Motion To Dismiss and (2) Defendants Brian J. Bowers and Dexter C. Kubota's Motion To Dismiss re 7 26 . "The court denies the Company's motion to dismiss, con cluding that the Company was properly joined as a defendant under Rule 19. The court further denies Bowers and Kubota's motion to dismiss because the Complaint sufficiently pleads ERISA claims against Bowers and Kubota." Signed by JUDGE SUSAN OKI MOLLWAY on 1/18/2019.(cib) Modified to correct motion link on 1/18/2019 (cib, ).
|
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.
