United States of America v. Albert C. Kobayashi, Inc. et al
Plaintiff: United States of America
Defendant: Palehua Apartments LP, Wailea Fairway Villas, Kahului Town Terrace L.P., Design Partners, Inc., Napili Villas HOA, Inc., Michael N Goshi, Albert C. Kobayashi, Inc., Fritz Johnson, Inc., Mr Martin V Cooper, Napilihau Villages Association of Apartment Owners, Frederick M Johnson, Michael N. Goshi, Martin V. Cooper, Kahului Town Terrace LP, Frederick M. Johnson, AOAO Wailea Fairway Villas, Stanford Carr Development, LLC, SCD Wailea Fairways, LLC, Sato & Associates, Inc., Ronald M. Fukumoto Engineering, Inc., Rojac Construction Inc., Delta Construction Corporation, Warren S. Unemori Engineering, Inc., GYA Architects, Inc. and Goodfellow Bros. LLC
Cross Defendant: Jane Does 1-10, John Does 1-10, Doe Corporations 1-20 and Does Corporations 1-20
Case Number: 1:2019cv00531
Filed: September 30, 2019
Court: US District Court for the District of Hawaii
Presiding Judge: LESLIE E KOBAYASHI
Referring Judge: ROM TRADER
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 3601 Fair Housing Act
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on April 4, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 4, 2023 Filing 542 CERTIFICATE OF SERVICE by Kahului Town Terrace LP (RE: DEFENDANT KAHULUI TOWN TERRACE LPS RESPONSE TO DEFENDANT ALBERT C. KOBAYASHI, INC.S FIRST REQUEST FOR ANSWERS TO INTERROGATORIES TO RULE 19 DEFENDANT KAHULUI TOWN TERRACE LP, DATED FEBRUARY 24, 2023 ) (Grable, Paul)
April 4, 2023 Filing 541 EO: COURT ORDER SETTING BRIEFING SCHEDULEOn 11/7/2022, Defendant Goodfellow Bros, LLC filed Dkt. No. #467 ; a MOTION to Dismiss.Court sets the following Motion hearing and briefing schedule as follows:Opposition memorandum due: 5/19/2023.Reply memorandum due: 5/26/2023. Motion Hearing is set for 6/9/2023 at 10:30 AM by Video Conference Hearing before JUDGE LESLIE E. KOBAYASHI. The Courtroom manager will provide participants with the instructions and information to connect by video in advance of the scheduled video conference. Participants must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing. (JUDGE LESLIE E. KOBAYASHI)(afe)
April 4, 2023 Filing 540 EO: COURT ORDER SETTING BRIEFING SCHEDULEOn 8/24/2022, Defendant Delta Construction Corporation filed Dkt. No. #394 ; a MOTION to Dismiss or Alternatively for Summary Judgment.Court sets the following Motion hearing and briefing schedule as follows: Opposition memorandum due: 5/12/2023.Reply memorandum due: 5/19/2023 . Motion Hearing is set for 6/2/2023 at 10:30 AM by Video Conference Hearing before JUDGE LESLIE E. KOBAYASHI. The Courtroom manager will provide participants with the instructions and information to connect by video in advance of the scheduled video conference. Participants must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing. (JUDGE LESLIE E. KOBAYASHI)(afe)
April 4, 2023 Filing 539 EO: COURT ORDER SETTING BRIEFING SCHEDULEOn 7/31/2022, Defendant Rojac Construction Inc. filed Dkt. No. #372 ; a MOTION to Dismiss or in the Alternative, for Summary Judgment on claims of Liability for Napilihau Villages, Palehua Terrace Phase I, Kahului Town Terrace, Wailea Fairway Villas, and Interior work on Napili Villas Phase I, Phase II and Phase III.Court sets the following Motion hearing and briefing schedule as follows: Opposition memorandum due: 4/21/2023.Reply memorandum due: 4/28/2023. Motion Hearing is set for 5/12/2023 at 09:45 AM by Video Conference Hearing before JUDGE LESLIE E. KOBAYASHI. The Courtroom manager will provide participants with the instructions and information to connect by video in advance of the scheduled video conference. Participants must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing. (JUDGE LESLIE E. KOBAYASHI)(afe)
March 29, 2023 Filing 538 CERTIFICATE OF SERVICE by Napilihau Villages Association of Apartment Owners(Rule 19 Defendant ), Napilihau Villages Association of Apartment Owners CERTIFICATE OF SERVICE [Re: Rule 19 Defendant Napilihau Villages Association of Apartment Owners' Answer to Interrogatories] (Kopper, Harvey Maxwell)
March 24, 2023 Filing 537 CERTIFICATE OF SERVICE by AOAO Wailea Fairway Villas RE: RULE 19 DEFENDANT AOAO WAILEA FAIRWAY VILLAS RESPONSE TO DEFENDANT ALBERT C. KOBAYASHI, INC.S FIRST REQUEST FOR ANSWERS TO INTERROGATORIES DATED FEBRUARY 24, 2023 (Paris, Sharon)
March 24, 2023 Filing 536 CERTIFICATE OF SERVICE by Napili Villas HOA, Inc. Response to Defendant Albert C. Kobayashi, Inc.'s First Request for Answers to Interrogatories to Rule 19 Defendant Napili Villas HOA, Inc., dated February 24, 2023 (Filipovic, Rebecca)
March 20, 2023 Filing 535 Letter Brief re #532 Letter Brief, #534 Letter Brief, #533 Letter Brief, . (Lapertosa, Max)
March 16, 2023 Filing 534 Letter Brief re #531 Set Motion Deadlines/Hearings (inc F&R),, #467 MOTION to Dismiss . (Rand, Richard)
March 16, 2023 Filing 533 Letter Brief re #531 Set Motion Deadlines/Hearings (inc F&R),, #372 MOTION to Dismiss for failure to State a Claim or, in the Alternative, for Summary Judgment on Claims of Liability for Napilihau Villages, Palehua Terrace Phase I, Kahului Town Terrace, Wailea Fairway Villas, and Interior Work on Napili Villas Phas . (Oshiro, Anna)
March 13, 2023 Filing 532 Letter Brief addressed to Judge Leslie E. Kobayashi re #394 MOTION to Dismiss or, Alternatively, for Summary Judgment , dated March 13, 2023. (Nakashima, David) Modified on 3/14/2023 (eta).
March 9, 2023 Filing 531 EO: COURT ORDER DIRECTING DEFENDANTS ROJAC CONSTRUCTION, INC., DELTA CONSTRUCTION CORPORATION, AND GOODFELLOW BROS. LLC TO EACH SUBMIT A LETTER BRIEF REGARDING THEIR PENDING MOTIONS... in light of the 2/22/23 Order, Rojac, Delta, and Goodfellow are DIRECTED to each submit a letter brief to the Court addressing whether their respective motions are moot and, if the motions are not moot, whether they seek to proceed with the setting of a briefing schedule for the motions. Rojacs, Deltas, and Goodfellows respective letter briefs must not exceed five pages and must be filed by March 16, 2023. (JUDGE LESLIE E. KOBAYASHI)(afe)
March 3, 2023 Filing 530 EO: In order for us to have a productive settlement discussion in April, the Court believes it is essential that the parties negotiate in advance the terms of a possible settlement of this litigation. The Court therefore orders the defendants, either together or individually, to reach out to the plaintiff with proposed remedies and engage in some negotiation before we meet in April. (MAGISTRATE JUDGE BARRY M. KURREN)(tl)
February 24, 2023 Filing 529 CERTIFICATE OF SERVICE by Albert C. Kobayashi, Inc. [Re: Defendant Albert C. Kobayashi, Inc.'s First Request for Answers to Interrogatories to Rule 19 Defendant Kahului Town Terrace LP] (Sneed, Samantha)
February 24, 2023 Filing 528 CERTIFICATE OF SERVICE by Albert C. Kobayashi, Inc. [Re: Defendant Albert C. Kobayashi, Inc.'s First Request for Answers to Interrogatories to Rule 19 Defendant AOAO Wailea Fairway Villas] (Sneed, Samantha)
February 24, 2023 Filing 527 CERTIFICATE OF SERVICE by Albert C. Kobayashi, Inc. [Re: Defendant Albert C. Kobayashi, Inc.'s First Request for Answers to Interrogatories to Rule 19 Defendant Napili Villas HOA, Inc.] (Sneed, Samantha)
February 24, 2023 Filing 526 CERTIFICATE OF SERVICE by Albert C. Kobayashi, Inc. [Re: Defendant Albert C. Kobayashi, Inc.'s First Request for Answers to Interrogatories to Rule 19 Defendant Napilihau Villages Association of Apartment Owners] (Sneed, Samantha)
February 24, 2023 Filing 525 CERTIFICATE OF SERVICE by Albert C. Kobayashi, Inc. [Re: Defendant Albert C. Kobayashi, Inc.'s First Request for Answers to Interrogatories to Rule 19 Defendant Palehua Apartments, LP] (Sneed, Samantha)
February 24, 2023 Filing 524 EO: The settlement conference set for April 18, 2023 at 8:30 am will be held in the chambers of Magistrate Judge Barry M. Kurren, on the first floor of the courthouse. The parties should be prepared to be available for the rest of the week, if progress is being made. (MAGISTRATE JUDGE BARRY M. KURREN)(tl)
February 22, 2023 Opinion or Order Filing 523 ORDER DENYING: DEFENDANT ALBERT C. KOBAYASHI, INC.'S MOTION FOR PARTIAL SUMMARY JUDGMENT; DEFENDANT MARTIN V. COOPER'S SUBSTANTIVE JOINDER TO DEFENDANT ALBERT C. KOBAYASHI, INC.'S MOTION FOR PARTIAL SUMMARY JUDGMENT [ECF NO. #369 ]; AND DEFENDANTS DESIGN PARTNERS, INC. AND MICHAEL N. GOSHI'S SUBSTANTIVE JOINDER TO DEFENDANT ALBERT C. KOBAYASHI, INC.'S MOTION FOR PARTIAL SUMMARY JUDGMENT [DKT. #369 ] re #369 , #374 , #376 - Signed by JUDGE LESLIE E. KOBAYASHI on 2/22/2023. (eta)
February 21, 2023 Filing 522 EO: The Court sets a Telephone Conference for 5/3/2023 at 8:30 a.m. before Magistrate Judge Trader. In the event that the case remains unresolved at that time, in accordance with District Judge Kobayashi's 2/2/2023 Entering Order [ECF #516 ], a new trial date and deadlines will be set. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:Dial in number: 1-833-568-8864 (toll-free).Meeting ID: 161 5641 6035.(MAGISTRATE JUDGE ROM TRADER)(laa)
February 14, 2023 Filing 521 EO: Per Docket Entry #516 , which denied Defendants Albert C. Kobayashi, Inc. and Rojac Construction Inc.'s Joint Motion for Designation of Case as Complex Litigation and Sixth Modification of Scheduling Order, #514 Defendant Goodfellow Bros., Inc.'s Substantive Joinder in Defendants Albert C. Kobayashi, Inc. and Rojac Construction Inc.'s Joint Motion for Designation of Case as Complex Litigation and Sixth Modification of Scheduling Order and #515 Fritz Johnson's Joinder in Defendant Albert C. Kobayashi, Inc. and Rojac Construction Inc.'s Joint Motion for Designation of Case as Complex Litigation and Sixth Modification of Scheduling Order are denied. (JUDGE LESLIE E. KOBAYASHI)(tyk)
February 8, 2023 Filing 520 EP: Further Status Conference held by video conference("VTC"). Settlement discussions ongoing.(MAGISTRATE JUDGE BARRY M. KURREN)(rls)
February 8, 2023 Filing 519 NOTICE of Appearance by Jason K. Adaniya on behalf of Napilihau Villages Association of Apartment Owners(Rule 19 Defendant ), Napilihau Villages Association of Apartment Owners on behalf of Napilihau Villages Association of Apartment Owners(Rule 19 Defendant ), Napilihau Villages Association of Apartment Owners. (Adaniya, Jason)
February 3, 2023 Filing 518 EO: A Video Teleconference(VTC) Status Conference has been set for 2/8/2023 at 10:30 AM before MAGISTRATE JUDGE BARRY M. KURREN. The courtroom manager will provide the applicable participants with instructions and information to connect by video prior to the scheduled video conference date. (MAGISTRATE JUDGE BARRY M. KURREN)(rls)
February 3, 2023 Filing 517 NOTICE of Withdrawal of Deposition Notices by United States of America re #508 Certificate of Service, #510 Certificate of Service, #506 Certificate of Service, #511 Certificate of Service, #509 Certificate of Service, #507 Certificate of Service, #512 Certificate of Service . (Shulock, Nathan) Modified on 2/6/2023 (eta).
February 2, 2023 Filing 516 EO: COURT ORDER DENYING WITHOUT PREJUDICE DEFENDANTS ALBERT C. KOBAYASHI, INC. AND ROJAC CONSTRUCTION INC.S JOINT MOTION FOR DESIGNATION OF CASE AS COMPLEX LITIGATION AND SIXTH MODIFICATION OF SCHEDULING ORDER.... Accordingly, the Court: VACATES the current trial date and all related deadlines; STAYS the imposition of a new trial date and related deadlines for 90 days; ORDERS the parties to meet with Magistrate Judge Barry M. Kurren regarding the setting of a new trial date and related deadlines and whether this matter shall be declared complex; and DIRECTS the magistrate judge to issue a new Rule 16 Scheduling Order and a decision on whether the case shall be declared complex by no later than May 5, 2023. The Court, therefore, DENIES WITHOUT PREJUDICE the Motion in its entirety. (JUDGE LESLIE E. KOBAYASHI)(afe)
February 2, 2023 Filing 515 MOTION for Joinder re #504 Joint MOTION for Designation of Case as Complex Litigation and Sixth Modification of Scheduling Order by Defendants Albert C. Kobayashi, Inc. and Rojac Construction Inc. Leroy E. Colombe appearing for Defendants Fritz Johnson, Inc., Frederick M. Johnson (Attachments: #1 Declaration of Leroy E. Colombe, #2 Certificate of Service)(Colombe, Leroy)
February 2, 2023 Filing 514 MOTION for Joinder in Defendants Albert C. Kobayashi and Rojac Construction, Inc.'s Joint Motion for Designation of Case as Complex Litigation and Sixth Modification of Scheduling Order Filed January 30, 2023 [Dkt #504] Richard M. Rand appearing for Defendant Goodfellow Bros. LLC (Rand, Richard)
February 2, 2023 Filing 513 EP: Telephonic Status Conference held with counsel for Design Partners, Inc. on 2/2/2023. (No Record / 11:45a-11:58a) (MAGISTRATE JUDGE BARRY M. KURREN)(rls)
February 1, 2023 Filing 512 CERTIFICATE OF SERVICE by United States of America Notice of Deposition of Jean Tessmer (Shulock, Nathan)
February 1, 2023 Filing 511 CERTIFICATE OF SERVICE by United States of America Notice of Deposition of Thomas Jeffrey Weller (Shulock, Nathan)
February 1, 2023 Filing 510 CERTIFICATE OF SERVICE by United States of America Notice of Deposition of George Ballao (Shulock, Nathan)
February 1, 2023 Filing 509 CERTIFICATE OF SERVICE by United States of America Notice of Deposition of Defendant Martin V. Cooper (Shulock, Nathan)
February 1, 2023 Filing 508 CERTIFICATE OF SERVICE by United States of America Notice of Deposition of Brian Niitani (Shulock, Nathan)
February 1, 2023 Filing 507 CERTIFICATE OF SERVICE by United States of America Notice of Deposition of Clyde Sugawa (Shulock, Nathan)
February 1, 2023 Filing 506 CERTIFICATE OF SERVICE by United States of America Notice of Rule 30(b)(6) Deposition to Defendant Albert C. Kobayashi, Inc. (Shulock, Nathan)
February 1, 2023 Opinion or Order Filing 505 ORDER Appointing Lead Counsel For Purposes Of Facilitating Settlement On Interior Issues. Signed by MAGISTRATE JUDGE BARRY M. KURREN on 2/1/2023. (cib)
January 30, 2023 Filing 504 Joint MOTION for Designation of Case as Complex Litigation and Sixth Modification of Scheduling Order by Defendants Albert C. Kobayashi, Inc. and Rojac Construction Inc. Samantha M. Sneed appearing for Defendant Albert C. Kobayashi, Inc. (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Samantha M.P. Sneed, #3 Declaration of Nicholas K. Ernst, #4 Declaration of Mirissa McCandless, #5 Certificate of Service)(Sneed, Samantha)
January 25, 2023 Filing 503 EP: TELEPHONIC STATUS CONFERENCE held.Discussion had regarding impact of the Court's 12/13/2022 ECF #491 Order Denying Defendant Rojac Construction Inc.'s Motion to Continue Trial and Related Deadlines. Parties maintain concerns about current schedule. Parties concur that productive settlement discussions will not be possible until after pending motions are ruled upon. The Court's rulings are anticipated to streamline parties and issues required for specific settlement discussions. While the parties are scheduled for further settlement discussions with Magistrate Judge Kurren on 4/18/2023, given the current discovery and dispositive motions deadline of 3/8/2023, it will not be possible to avoid significant litigation costs associated with numerous depositions and additional motions. As defendants either lack insurance coverage or have cannibalizing policies, the parties report limited resources available to pursue settlement and/or litigation. Parties concur that current deadlines will result in increased litigation costs at the expense of resources needed to potentially fund settlement. Defendants Albert C. Kobayashi, Inc. and Rojac Construction Inc. anticipate filing a motion to declare case complex by end of this week.Court to update District Judge Kobayashi and Magistrate Judge Kurren. (ZOOM / 8:45 - 9:18 a.m.) (MAGISTRATE JUDGE ROM TRADER)(laa)
January 24, 2023 Filing 502 NOTICE by AOAO Wailea Fairway Villas, AOAO Wailea Fairway Villas Notice of Disassociation AOAO Wailea Fairway Villas, AOAO Wailea Fairway Villas. (Attachments: #1 Certificate of Service)(Shannon, Matthew)
January 23, 2023 Filing 501 CERTIFICATE OF SERVICE by Rojac Construction Inc. re Expert Witness Disclosure (Ernst, Nicholas)
January 23, 2023 Filing 500 Expert Witness Disclosure. filed by GYA Architects, Inc., Warren S. Unemori Engineering, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Certificate of Service)(Kawana, Sabrina)
January 23, 2023 Filing 499 Expert Witness Disclosure; Exhibit "A"; Certificate of Service filed by Sato & Associates, Inc..(Goto, Frank) Modified on 1/24/2023 (eta).
January 23, 2023 Filing 498 Expert Witness Disclosure; Exhibit "A"; Certificate of Service filed by Ronald M. Fukumoto Engineering, Inc..(Goto, Frank) Modified on 1/24/2023 (eta).
January 23, 2023 Filing 497 CERTIFICATE OF SERVICE by Goodfellow Bros. LLC [Re Defendant Goodfellow Bros., LLC's Disclosure of Expert Testimony; Exhibits A - C, dated January 23, 2023] (Rand, Richard)
January 19, 2023 Filing 496 NOTICE of Appearance by David H. Abitbol on behalf of Rojac Construction Inc. on behalf of Rojac Construction Inc.. (Abitbol, David)
January 18, 2023 Filing 495 EO: Due to a conflict in the Court's schedule, the Telephonic Status Conference - MJ set for 1/25/2023 at 09:30 AM before MAGISTRATE JUDGE ROM TRADER is ADVANCED to 08:45 AM the same day (1/25/2023). Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:Dial in number: 1-833-568-8864 (toll-free).Meeting ID: 161 5641 6035. (MAGISTRATE JUDGE ROM TRADER)(laa)
January 18, 2023 Filing 494 EP: Status Conference held by video conference("VTC").Settlement discussions ongoing. (ZOOM-No Record / 11a-1140a) (MAGISTRATE JUDGE BARRY M. KURREN)(tl)
January 12, 2023 Filing 493 EO: A Status Conference via video conference is set for 1/18/2023 at 11:00 AM before MAGISTRATE JUDGE BARRY M. KURREN. The courtroom manager will provide the applicable participants with instructions and information to connect by video prior to the scheduled video conference date. (MAGISTRATE JUDGE BARRY M. KURREN)(tl)
December 13, 2022 Filing 492 NOTICE of Appearance by Matthew C. Shannon on behalf of AOAO Wailea Fairway Villas on behalf of AOAO Wailea Fairway Villas. (Attachments: #1 Certificate of Service)(Shannon, Matthew)
December 13, 2022 Opinion or Order Filing 491 ORDER DENYING DEFENDANT ROJAC CONSTRUCTION INC.'S MOTION TO CONTINUE TRIAL AND RELATED DEADLINES re #475 - Signed by MAGISTRATE JUDGE ROM TRADER on 12/13/2022. Accordingly, the Motion is DENIED. Trial remains set for June 13, 2023 before District Judge Kobayashi. Notwithstanding the Court's denial of the Motion, however, the Court finds a modest extension of the following deadlines to be warranted: 1. The expert disclosure deadline for all newly named Defendants in the Amended Complaint, as well as Goodfellow named for the first time in the SAC is EXTENDED from December 7, 2022 to January 23, 2023 ; 2. The expert disclosure deadline for all Rule 19 Defendants is EXTENDED from January 6, 2023 to February 13, 2023; 3. The expert disclosure deadline for Plaintiff's rebuttal is EXTENDED from February 6, 2023 to March 1, 2023; 4. The deadline to file dispositive motions and to complete discovery is EXTENDED from February 15, 2023 to March 8, 2023. All other dates and deadlines to remain. (eta)
December 1, 2022 Filing 490 STATEMENT of No Opposition re #475 MOTION to Continue Trial and Trial Related Deadlines [ECF 475]; Certificate of Service filed by GYA Architects, Inc., Warren S. Unemori Engineering, Inc.. (Kawana, Sabrina)
December 1, 2022 Filing 489 STATEMENT of No Opposition re #475 MOTION to Continue Trial and Trial Related Deadlines filed by Design Partners, Inc., Michael N. Goshi. (Kuwahara, Arthur)
November 30, 2022 Filing 488 STATEMENT of No Opposition re #475 MOTION to Continue Trial and Trial Related Deadlines ; Certificate of Service filed by Napilihau Villages Association of Apartment Owners(Rule 19 Defendant ), Napilihau Villages Association of Apartment Owners. (Kopper, Harvey Maxwell)
November 30, 2022 Filing 487 STATEMENT of No Opposition re #475 MOTION to Continue Trial and Trial Related Deadlines filed November 21,2022 [dkt #475] filed by Palehua Apartments LP. (Leong, Kurt)
November 30, 2022 Filing 486 STATEMENT of No Opposition TO MOTION TO CONTINUE TRIAL AND TRIAL RELATED DEADLINES, FILED NOVEMBER 21, 2022 [ECF NO. #475 ] filed by Stanford Carr Development, LLC. (Meheula, William) Modified on 12/1/2022 (eta).
November 30, 2022 Filing 485 STATEMENT of No Opposition re #475 MOTION to Continue Trial and Trial Related Deadlines filed by Ronald M. Fukumoto Engineering, Inc.. (Goto, Frank)
November 30, 2022 Filing 484 STATEMENT of No Opposition re #475 MOTION to Continue Trial and Trial Related Deadlines filed by Sato & Associates, Inc.. (Goto, Frank)
November 30, 2022 Filing 483 STATEMENT of No Opposition re #475 MOTION to Continue Trial and Trial Related Deadlines filed by Martin V. Cooper. (Goto, Frank)
November 29, 2022 Filing 482 STATEMENT of No Opposition re #475 MOTION to Continue Trial and Trial Related Deadlines filed by Delta Construction Corporation. (Attachments: #1 Certificate of Service)(Nakashima, David)
November 28, 2022 Filing 481 STATEMENT of No Opposition re #475 MOTION to Continue Trial and Trial Related Deadlines filed by Fritz Johnson, Inc., Frederick M. Johnson. (Attachments: #1 Certificate of Service Certificate of Service)(Colombe, Leroy)
November 25, 2022 Filing 480 EO: On 11/21/2022, Defendant Rojac Construction, Inc. filed [ECF #475 ] Motion to Continue Trial and Trial-Related Deadlines ("Motion"). Thereafter on 11/22/2022 and 11/23/2022, Plaintiff United States of America, Defendants Napili Villas HOA, Inc. and Albert C. Kobayashi, Inc., and Rule 19 Defendant Kahului Town Terrace LP filed statements of no opposition to the Motion. ECF Nos. #476 - #479 . The Court elects to decide the Motion without a hearing pursuant to LR7.1(c). Any additional responses shall be due 12/2/2022. No reply permitted. (MAGISTRATE JUDGE ROM TRADER) (jo)
November 23, 2022 Filing 479 STATEMENT of No Opposition re #475 MOTION to Continue Trial and Trial Related Deadlines filed by Kahului Town Terrace LP. (Grable, Paul)
November 23, 2022 Filing 478 STATEMENT of No Opposition re #475 MOTION to Continue Trial and Trial Related Deadlines filed by Albert C. Kobayashi, Inc.. (Attachments: #1 Certificate of Service)(Sneed, Samantha)
November 22, 2022 Filing 477 STATEMENT of No Opposition re #475 MOTION to Continue Trial and Trial Related Deadlines filed by Napili Villas HOA, Inc.. (Filipovic, Rebecca)
November 22, 2022 Filing 476 STATEMENT of No Opposition re #475 MOTION to Continue Trial and Trial Related Deadlines filed by United States of America. (Lapertosa, Max)
November 21, 2022 Filing 475 MOTION to Continue Trial and Trial Related Deadlines; Memorandum in Support of Motion; Declaration of Counsel; Defendant Rojac Construction Inc.'s Consent to Continue Trial; Certificate of Service Nicholas Koukala Ernst appearing for Defendant Rojac Construction Inc. (Ernst, Nicholas) Modified on 11/22/2022 (eta).
November 15, 2022 Filing 474 EO: COURT ORDER: VACATING THE BRIEFING SCHEDULE AND HEARING DATE FOR DEFENDANT GOODFELLOW BROS. LLC'S MOTION TO DISMISS; RESERVING THE SETTING OF ANOTHER BRIEFING SCHEDULE FOR DEFENDANT GOODFELLOW BROS. LCC'S MOTION TO DISMISS UNTIL DEFENDANT ALBERT C. KOBAYASHI, INC.'S MOTION FOR PARTIAL SUMMARY JUDGMENT IS RESOLVED; AND DENYING AS MOOT DEFENDANT DELTA CONSTRUCTION CORPORATION'S REQUEST FOR THE COURT TO HEAR ITS MOTION TO DISMISS OR, ALTERNATIVELY, FOR SUMMARY JUDGMENT DURING THE HEARING FOR DEFENDANT GOODFELLOW BROS. LLC'S MOTION TO DISMISS.Please refer to court's attached minute order for further details. (JUDGE LESLIE E. KOBAYASHI)(tl)
November 15, 2022 Filing 473 EP: Further Status Conference regarding scheduling held by video conference("VTC").A Settlement Conference via VTC is set for April 18, 2023, at 8:30 AM before MAGISTRATE JUDGE BARRY M. KURREN. Brief confidential settlement conference statements are due by 4/13/2023 and shall be emailed to Kurren_Orders@hid.uscourts.gov. (VTC-No Record / 830a-845a) (MAGISTRATE JUDGE BARRY M. KURREN)(tl)
November 9, 2022 Filing 472 EO: The further settlement conference re: exterior work set for 11/15/2022 at 8:30 a.m. will be converted to a further status conference to be held by VTC before MAGISTRATE JUDGE BARRY M. KURREN. No confidential statements are needed. (MAGISTRATE JUDGE BARRY M. KURREN)(tl)
November 8, 2022 Filing 471 EO: COURT ORDER SETTING BRIEFING SCHEDULEOn November 7, 2022, Defendant Goodfellow Bros. LLC filed Dkt. No. #467 ; a Motion to Dismiss.Court sets the following Motion hearing and briefing schedule:Opposition memorandum due: December 30, 2022.Reply memorandum due: January 6, 2023.Motion Hearing is set for 1/27/2023 at 09:45 AM by Video Conference Hearing before JUDGE LESLIE E. KOBAYASHI. The Courtroom manager will provide participants with the instructions and information to connect by video in advance of the scheduled VTC. Participants must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing. (JUDGE LESLIE E. KOBAYASHI)(tyk)
November 8, 2022 Filing 470 NOTICE by Goodfellow Bros. LLC re #76 Protective Order Defendant Goodfellow Bros., LLC's Consent to Stipulated Protective Order, Filed March 12, 2020 [Dkt. 76] Goodfellow Bros. LLC. (Rand, Richard)
November 7, 2022 Filing 467 MOTION to Dismiss ; Memorandum in Support of Motion; Certificate of Service Richard M. Rand appearing for Defendant Goodfellow Bros. LLC (Rand, Richard) Modified on 11/8/2022 (eta).
November 7, 2022 Filing 466 Corporate Disclosure Statement by Goodfellow Bros. LLC. (Rand, Richard)
November 2, 2022 Filing 469 EP: Settlement Conference held with parties for AOAO Wailea Fairway Villas.Settlement negotiations ongoing.(ZOOM-No Record / 9a-1030a) (MAGISTRATE JUDGE BARRY M. KURREN)(tl)
November 1, 2022 Filing 465 EO: The hearing TIME for the Settlement Conference scheduled for 11/2/2022 at 9:00 AM for Wailea attorneys only, has been changed to 9:30 AM on the same day of 11/2/2022 before MAGISTRATE JUDGE BARRY M. KURREN. (MAGISTRATE JUDGE BARRY M. KURREN)(tl)
October 31, 2022 Filing 464 RESPONSE re #458 Reply, to United States' Surreply in Opposition to Defendants' Motions For Partial Summary Judgment filed by Martin V. Cooper. (Goto, Frank)
October 31, 2022 Filing 463 RESPONSE re #458 Reply, to United States Surreply in Opposition to Defendants' Motions For Partial Summary Judgment filed by Albert C. Kobayashi, Inc.. (Attachments: #1 Certificate of Service)(Elento-Sneed, Anna)
October 31, 2022 Filing 462 REPLY re #458 Reply, To United States' Surreply in Opposition to Defendants' Motions for Partial Summary Judgment filed by Design Partners, Inc., Michael N. Goshi. (Attachments: #1 Certificate of Service)(Kuwahara, Arthur)
October 26, 2022 Filing 461 ANSWER to #422 Second Amended Complaint by Design Partners, Inc., Michael N. Goshi. (Attachments: #1 Certificate of Service)(Kuwahara, Arthur) Modified on 10/26/2022 (jni)
October 25, 2022 Filing 460 NOTICE by United States of America of Withdrawal of Counsel on Behalf of the USA; COS United States of America. (Yee, Harry)
October 25, 2022 Filing 459 ANSWER to #422 Second Amended Complaint by Kahului Town Terrace LP.(Grable, Paul) Modified on 10/26/2022 (jni)
October 25, 2022 Filing 458 REPLY re #433 Concise Statement of Facts, #457 Set Motion Deadlines/Hearings (inc F&R), Terminate Motion Deadlines/Hearings (inc F&R), #434 Reply, #431 Concise Statement in Support of Motion, #440 MOTION for Leave to File Surreply Surreply filed by United States of America. (Lapertosa, Max)
October 24, 2022 Filing 457 EO: COURT ORDER: GRANTING PLAINTIFF UNITED STATES OF AMERICA'S MOTION FOR LEAVE TO FILE SURREPLY IN OPPOSITION TO MOTIONS FOR PARTIAL SUMMARY JUDGMENT; AND VACATING THE HEARING SET FOR OCTOBER 28, 2022 (JUDGE LESLIE E. KOBAYASHI)(afe)
October 21, 2022 Filing 456 ANSWER to #422 Amended Complaint Second Amended Complaint by AOAO Wailea Fairway Villas, AOAO Wailea Fairway Villas. (Attachments: #1 Certificate of Service)(Paris, Sharon)
October 21, 2022 Filing 455 NOTICE by AOAO Wailea Fairway Villas, AOAO Wailea Fairway Villas Firm Name Change AOAO Wailea Fairway Villas, AOAO Wailea Fairway Villas. (Attachments: #1 Certificate of Service)(Paris, Sharon)
October 21, 2022 Filing 454 REQUEST Letter addressed to Judge Leslie E. Kobayashi Re: Request to Submit Response to United States' Motion for Leave to File Surreply [ECF No. #440 ] by Martin V. Cooper. (Goto, Frank) Modified on 10/22/2022 (eta).
October 21, 2022 Filing 453 Rule 19 Defendant Napilihau Villages Association of Apartment Owners ANSWER to #422 Second Amended Complaint filed October 7, 2022 (Rec. Doc. 422); Certificate of Service by Napilihau Villages Association of Apartment Owners.(Kopper, Harvey Maxwell) Modified on 10/22/2022 (eta).
October 21, 2022 Filing 452 ANSWER to #422 Second Amended Complaint Filed October 7, 2022; Certificate of Service by Rojac Construction Inc..(Ernst, Nicholas) Modified on 10/22/2022 (eta).
October 21, 2022 Filing 451 EP: TELEPHONE CONFERENCE held.Discussion had. Second Amended Complaint ECF #422 filed and Defendant Goodfellow Bros. LLC ("Goodfellow") served on 10/17/2022. Counsel makes inquiry concerning Government's ECF #440 Motion for Leave to File Surreply. Court directs counsel to inquire with District Judge Kobayashi's chambers. Parties continue to cooperate as to possible extension to permit site inspection of Napilihau Villages by experts retained by Defendant Rojac Construction. Government and Defendant Delta Construction Corporation ("Delta") agree that Delta's ECF #394 Motion to Dismiss First Amended Complaint shall apply to the Second Amended Complaint without need to re-file the motion.Court confirms Telephonic Status Conference set for 1/25/2023 at 9:30 a.m. before Magistrate Judge Trader to remain on calendar and proceed as scheduled. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below: Dial in number: 1-833-568-8864 (toll-free).Meeting ID: 161 5641 6035. (ZOOM / 8:33 - 8:42 a.m.) (MAGISTRATE JUDGE ROM TRADER)(laa)
October 21, 2022 Filing 450 ANSWER to #422 Second Amended Complaint Filed October 7, 2022 by Palehua Apartments LP.(Leong, Kurt) Modified on 10/22/2022 (eta).
October 21, 2022 Filing 449 ANSWER to #422 Second Amended Complaint Filed October 7, 2022 by Albert C. Kobayashi, Inc.. (Attachments: #1 Certificate of Service)(Sneed, Samantha) Modified on 10/22/2022 (eta).
October 21, 2022 Filing 448 Rule 19 Defendant Napili Villas HOA, Inc.s ANSWER to #422 Second Amended Complaint Filed October 7, 2022; Certificate of Service by Napili Villas HOA, Inc..(Filipovic, Rebecca) Modified on 10/22/2022 (eta).
October 21, 2022 Filing 447 Defendant Ronald M. Fukumoto Engineering, Inc., n/k/a Fukumoto Engineering, Inc.'s ANSWER to #422 Second Amended Complaint Filed October 7, 2022; Certificate of Service by Ronald M. Fukumoto Engineering, Inc..(Goto, Frank) Modified on 10/22/2022 (eta).
October 21, 2022 Filing 446 Defendant Sato & Associates, Inc.'s ANSWER to #422 Second Amended Complaint Filed October 7, 2022; Certificate of Service by Sato & Associates, Inc..(Goto, Frank) Modified on 10/22/2022 (eta).
October 21, 2022 Filing 445 Defendant Martin V. Cooper's ANSWER to #422 Second Amended Complaint Filed October 7, 2022; Certificate of Service by Martin V. Cooper.(Goto, Frank) Modified on 10/22/2022 (eta).
October 21, 2022 Filing 444 EO: COURT ORDER INFORMING DEFENDANT ALBERT C. KOBAYASHI INC. THAT PORTIONS OF ITS CONCISE STATEMENT OF FACTS IN SUPPORT OF ITS MOTION FOR PARTIAL SUMMARY JUDGMENT WILL NOT BE CONSIDERED BY THE COURT (JUDGE LESLIE E. KOBAYASHI)(afe)
October 21, 2022 Filing 443 Defendants Stanford Carr Development, LLC and SCD Wailea Fairways ANSWER to #422 Second Amended Complaint Filed October 7, 2022; Certificate of Service by Stanford Carr Development, LLC.(Meheula, William) Modified on 10/22/2022 (eta).
October 21, 2022 Filing 442 Defendant GYA Architects, Inc.'s ANSWER to #422 Second Amended Complaint Filed on October 7, 2022 [ECF No. 422]; Certificate of Service by GYA Architects, Inc..(Kawana, Sabrina) Modified on 10/22/2022 (eta).
October 21, 2022 Filing 441 Defendant Warren S. Unemori Engineering, Inc.'s ANSWER to #422 Second Amended Complaint Filed on October 7, 2022 [ECF No. 422]; Certificate of Service by Warren S. Unemori Engineering, Inc..(Kawana, Sabrina) Modified on 10/22/2022 (eta).
October 19, 2022 Filing 440 MOTION for Leave to File Surreply Max Lapertosa appearing for Plaintiff United States of America (Attachments: #1 Appendix Proposed Surreply)(Lapertosa, Max)
October 19, 2022 Filing 439 SUMMONS Returned Executed by United States of America. Goodfellow Bros. LLC served on 10/17/2022. (Lapertosa, Max)
October 18, 2022 Filing 468 EP: Settlement Conference held with parties for Napilihau Villages Association of Apartment Owners.Settlement negotiations ongoing. (ZOOM-No record/ 9a-945a) (MAGISTRATE JUDGE BARRY M. KURREN)(tl)
October 17, 2022 Filing 438 EO: In light of [ECF #421 ] Stipulation to Permit United States to File Second Amended Complaint and [ECF #422 ] Second Amended Complaint, both filed on 10/7/2022, the following pending matters are now MOOT and TERMINATED: ECF #371 Defendant Warren S. Unemori Engineering, Inc.'s Motion to Join Additional Defendant Goodfellow Brothers, Inc.; ECF #378 Defendant Sato & Associates, Inc.'s Substantive Joinder to Defendant Warren S. Unemori Engineering, Inc.'s Motion to Join Additional Defendant Goodfellow Brothers, Inc.; and ECF #380 Defendants Stanford Carr Development, LLC and SCD Wailea Fairways, LLC's Joinder in Defendant Sato & Associates, Inc.'s Substantive Joinder to Defendant Warren S. Unemori Engineering, Inc.'s Motion to Join Additional Defendant Goodfellow Brothers, Inc.. (MAGISTRATE JUDGE ROM TRADER)(laa)
October 14, 2022 Filing 437 CONCISE STATEMENT of Facts re #418 Concise Statement in Opposition, #436 Reply re: Delta Construction Corporation filed by Albert C. Kobayashi, Inc.. (Attachments: #1 Certificate of Compliance, #2 Certificate of Service)(Elento-Sneed, Anna)
October 14, 2022 Filing 436 REPLY re #417 Memorandum in Opposition to Motion by Delta Construction Corporation filed by Albert C. Kobayashi, Inc.. (Attachments: #1 Certificate of Compliance, #2 Certificate of Service)(Elento-Sneed, Anna)
October 14, 2022 Filing 435 CONCISE STATEMENT of Facts re #434 Reply, #414 Concise Statement in Opposition to Motion, filed by Albert C. Kobayashi, Inc.. (Attachments: #1 Declaration of Anna Elento-Sneed, #2 Exhibit 19, #3 Certificate of Compliance, #4 Certificate of Service)(Elento-Sneed, Anna)
October 14, 2022 Filing 434 REPLY re #411 United States' Memorandum in Opposition to Motions for Partial Summary Judgment by Defendants Albert C. Kobayashi, Inc., Martin V. Cooper, Design Partners, Inc., and Michael Goshi, Filed October 7, 2022 filed by Albert C. Kobayashi, Inc.. (Attachments: #1 Certificate of Compliance, #2 Certificate of Service)(Elento-Sneed, Anna) Modified on 10/17/2022 (eta).
October 14, 2022 Filing 433 CONCISE STATEMENT of Facts re #432 Reply ; Supplemental Declaration of Martin V. Cooper; Certificate of Compliance; Certificate of Service filed by Martin V. Cooper. (Goto, Frank)
October 14, 2022 Filing 432 REPLY Memorandum in Support of #374 Substantive MOTION for Joinder re #369 MOTION for Partial Summary Judgment ; Certificate of Compliance; Certificate of Service filed by Martin V. Cooper. (Goto, Frank) Modified on 10/17/2022 (eta).
October 14, 2022 Filing 431 CONCISE STATEMENT in Support re #376 MOTION for Joinder re #369 MOTION for Partial Summary Judgment filed by Michael N. Goshi. (Attachments: #1 Declaration of Michael N. Goshi , #2 Declaration of Clarissa Santoki , #3 Exhibit C, #4 Exhibit C , #5 Certificate of Service)(Kuwahara, Arthur) Modified on 10/22/2022 (eta).
October 14, 2022 Filing 430 RESPONSE in Opposition re #376 MOTION for Joinder re #369 MOTION for Partial Summary Judgment filed by Design Partners, Inc., Michael N. Goshi. (Attachments: #1 Certificate of Service)(Kuwahara, Arthur)
October 13, 2022 Filing 429 Summons Issued as to Goodfellow Bros. LLC. (eta)
October 12, 2022 Filing 428 EP: Settlement Conference with Napili Villa parties held.Settlement negotiations ongoing. (No Record / 9a-1030a) (MAGISTRATE JUDGE BARRY M. KURREN)(tl)
October 11, 2022 Opinion or Order Filing 426 ORDER GRANTING MOTION TO WITHDRAW AND SUBSTITUTE IN AS COUNSEL re #419 - Signed by MAGISTRATE JUDGE ROM TRADER on 10/11/2022. Attorneys William M. McKeon and Rebecca O. Filipovi of the law firm McKeon Sheldon Mehling LLC are hereby withdrawn as counsel for Napili Villas. Mr. McKeon and Ms. Filipovi of the law firm Berding & Weil, LLP are substituted in as counsel of record for Napili Villas. (eta)
October 11, 2022 Filing 425 Summons (Proposed) (Shulock, Nathan)
October 10, 2022 Filing 424 STATEMENT of No Position re #369 MOTION for Partial Summary Judgment Filed on July 29, 2022 and Defendants Martin V. Cooper and Design Partners, Inc., and Michael N. Goshi Substantive Joinders Filed on August 1, 2022; Certificate of Service re #374 , #376 filed by GYA Architects, Inc., Warren S. Unemori Engineering, Inc.. (Kawana, Sabrina) Modified on 10/11/2022 (eta).
October 7, 2022 Filing 423 Rule 19 Defendant/Cross-Claim Defendant Cross-Claim Plaintiff Napilihau Villages Association of Apartment Owners' STATEMENT of No Position to #369 Defendant Albert C. Kobayashi, Inc's Motion for Partial Summary Judgment, filed July 29, 2022; Certificate of Service filed by Napilihau Villages Association of Apartment Owners(Rule 19 Defendant ), Napilihau Villages Association of Apartment Owners. (Attachments: #1 Certificate of Service)(Kopper, Harvey Maxwell) Modified on 10/11/2022 (eta).
October 7, 2022 Filing 422 Second AMENDED COMPLAINT against All Defendants, filed by United States of America. (Attachments: #1 Certificate of Service)(Shulock, Nathan) Modified on 10/13/2022 (eta).
October 7, 2022 Filing 421 STIPULATION to Permit United States to File Second Amended Complaint by United States of America. (Attachments: #1 Exhibit A - Second Amended Complaint, #2 Exhibit B - Second Amended Complaint (redline))(Shulock, Nathan)
October 7, 2022 Filing 420 STATEMENT of No Position to Motion for Partial Summary Judgment by Defendant Albert C. Kobayashi, Inc., Martin V. Cooper, Design Partners Inc., and Michael Goshi re #369 , #374 , #376 filed by Napili Villas HOA, Inc.. (Attachments: #1 Certificate of Service)(Filipovic, Rebecca) Modified on 10/10/2022 (eta).
October 7, 2022 Filing 419 MOTION to Withdraw as Attorney William M. McKeon appearing for Defendant Napili Villas HOA, Inc. (McKeon, William)
October 7, 2022 Filing 418 Concise Counterstatement of Facts in Opposition re #369 MOTION for Partial Summary Judgment filed by Delta Construction Corporation. (Attachments: #1 Declaration of David A. Nakashima, #2 Exhibit A - ACK Contract, #3 Exhibit B - Delta Contract, #4 Exhibit C - ACK Change Order #5, #5 Exhibit D - Delta Change Order #9, #6 Certificate of Service)(Nakashima, David) Modified on 10/11/2022 (eta).
October 7, 2022 Filing 417 MEMORANDUM in Opposition re #369 MOTION for Partial Summary Judgment filed by Delta Construction Corporation. (Attachments: #1 Certificate of Service)(Nakashima, David)
October 7, 2022 Filing 416 RESPONSE to Defendant Martin V. Cooper's CONCISE STATEMENT in Support of Its re #374 MOTION for Joinder re #369 MOTION for Partial Summary Judgment ; Certificate of Service filed by United States of America. (Lapertosa, Max) Modified on 10/11/2022 (eta).
October 7, 2022 Filing 415 RESPONSE to Design Partners, Inc.' and Michael N. Goshi's CONCISE STATEMENT in Support of Their re #376 MOTION for Joinder re #369 MOTION for Partial Summary Judgment ; Certificate of Service filed by United States of America. (Lapertosa, Max) Modified on 10/11/2022 (eta).
October 7, 2022 Filing 414 RESPONSE to Defendant Albert C. Kobayashi, Inc.'s CONCISE STATEMENT in Support of Its #369 MOTION for Partial Summary Judgment ; Certificate of Service filed by United States of America. (Lapertosa, Max) Modified on 10/11/2022 (eta).
October 7, 2022 Filing 413 Declaration of Kenneth M. Schoonover re #411 Memorandum in Opposition to Motion . (Lapertosa, Max) Modified on 10/11/2022 (eta).
October 7, 2022 Filing 412 Declaration of Max Lapertosa re #411 Memorandum in Opposition to Motion . (Attachments: #1 Exhibit A--Expert Report, #2 Exhibit B-Email, #3 Exhibit C--Change drder, #4 Exhibit D--Change drder, #5 Exhibit E--Construction documents, #6 Exhibit F--Contract Addendum, #7 Exhibit G--Site Plan, #8 Exhibit H--Memoranda, #9 Exhibit I--Construction documents, #10 Exhibit J--Subcontract, #11 Exhibit K--Contract, #12 Exhibit L--Meeting minutes, #13 Exhibit M--Meeting minutes, #14 Exhibit N--Meeting minutes, #15 Exhibit O--Meeting minutes, #16 Exhibit P--Memorandum, #17 Exhibit Q--Site plans, #18 Exhibit R--Change order, #19 Exhibit S--Construction documents, #20 Exhibit T--Change orders, #21 Exhibit U--Contract, #22 Exhibit V -- Site plan, #23 Exhibit W -- Site/building plans, #24 Exhibit X -- Building plans, #25 Exhibit Y -- Contract addendum, #26 Exhibit Z -- Memoranda)(Lapertosa, Max) Modified on 10/11/2022 (eta).
October 7, 2022 Filing 411 MEMORANDUM in Opposition re #374 MOTION for Joinder re #369 MOTION for Partial Summary Judgment , #369 MOTION for Partial Summary Judgment , #376 MOTION for Joinder re #369 MOTION for Partial Summary Judgment filed by United States of America. (Lapertosa, Max)
October 6, 2022 Filing 427 EP: Settlement Conference with Kahului parties held.Settlement negotiations ongoing. (No Record / 9a-1020a) (MAGISTRATE JUDGE BARRY M. KURREN)(tl)
October 5, 2022 Filing 410 EO: Upon conferral with District Judge Kobayashi, the undersigned magistrate judge informs the parties that the current briefing deadlines and 10/28/2022 hearing date for [ECF #369 ] Defendant Albert C. Kobayashi, Inc.'s Motion for Partial Summary Judgment ("Motion") will remain UNLESS the parties stipulate to the Motion being withdrawn without prejudice subject to refiling. During the interim, should Plaintiff United States of America be permitted to file an amended complaint adding Goodfellow Brothers, Inc. as a defendant, the parties shall immediately advise the district judge whether the Motion should proceed as scheduled or will be withdrawn. (MAGISTRATE JUDGE ROM TRADER)(laa)
October 5, 2022 Filing 409 EP: TELEPHONE CONFERENCE held.Discussion had. Mr. Shulock reports formal recommendation made to Department of Justice ("DOJ") to name Goodfellow Brothers, Inc. as a defendant with respect to two properties involved in this case and awaiting final decision perhaps as early as this week. If DOJ approval obtained, Government to circulate and submit a stipulation to amend the complaint and filed the amended complaint immediately thereafter. Discussion had regarding Defendant Albert C. Kobayashi's ECF #369 Motion for Partial Summary Judgment (and associated joinders) set for hearing on 10/28/2022 before District Judge Kobayashi and Government's 10/7/2022 opposition deadline. Court to update District Judge Kobayashi.Court sets Telephone Conference for 10/21/2022 at 8:30 a.m. before Magistrate Judge Trader. No submissions required. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:Dial in number: 1-833-568-8864 (toll-free).Meeting ID: 161 5641 6035. Court continues to HOLD IN ABEYANCE the following motions: ECF #371 Defendant Warren S. Unemori Engineering, Inc.'s Motion to Join Additional Defendant Goodfellow Brothers, Inc.; ECF #378 Defendant Sato & Associates, Inc.'s Substantive Joinder to Defendant Warren S. Unemori Engineering, Inc.'s Motion to Join Additional Defendant Goodfellow Brothers, Inc.; and ECF #380 Defendants Stanford Carr Development, LLC and SCD Wailea Fairways, LLC's Joinder in Defendant Sato & Associates, Inc.'s Substantive Joinder to Defendant Warren S. Unemori Engineering, Inc.'s Motion to Join Additional Defendant Goodfellow Brothers, Inc. (collectively, "Motions").(ZOOM / 11:03 - 11:14 a.m.) (MAGISTRATE JUDGE ROM TRADER)(laa)
September 29, 2022 Filing 408 EP: Settlement Conference with Palehua parties held.Settlement negotiations ongoing. (No Record / 9a-1020a) (MAGISTRATE JUDGE BARRY M. KURREN)(tl)
September 23, 2022 Filing 407 EO: Settlement Conferences have been set for specific attorneys at the following dates and times:Kahului attorneys only: 10/6/2022 at 9a;Napili Villa attorneys only: 10/12/2022 at 9a;Napilihau attorneys only: 10/18/2022 at 9a; and Wailea attorneys only: 11/2/2022 at 9a.Brief confidential settlement conference statements are due no later than 2 days prior to the settlement conference date and should be emailed to Kurren_Orders@hid.uscourts.gov. (MAGISTRATE JUDGE BARRY M. KURREN)(tl)
September 23, 2022 Filing 406 EO: A Settlement Conference for attorneys representing Palehua only, has been set for 9/29/2022 at 9:00 AM before MAGISTRATE JUDGE BARRY M. KURREN. Brief confidential settlement conference statements are due by 9/27/2022 and shall be emailed to Kurren_Orders@hid.uscourts.gov. (MAGISTRATE JUDGE BARRY M. KURREN)(tl)
September 21, 2022 Filing 405 EP: TELEPHONE CONFERENCE held.Discussion had. Mr. Lapertosa reports Government's trial counsel will be making formal recommendation to Department of Justice ("DOJ") to name Goodfellow Brothers, Inc. as a defendant with respect to at least one and possibly two properties involved in this case. Mr. Lapertosa to update Court and parties if DOJ approval obtained. If DOJ approval obtained, and if all parties agree, Government to file stipulation to file amended complaint. Court sets Telephone Conference for 10/5/2022 at 11:00 a.m. before Magistrate Judge Trader. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:Dial in number: 1-833-568-8864 (toll-free).Meeting ID: 161 5641 6035.Court continues to HOLD IN ABEYANCE the following motions: ECF #371 Defendant Warren S. Unemori Engineering, Inc.'s Motion to Join Additional Defendant Goodfellow Brothers, Inc.; ECF #378 Defendant Sato & Associates, Inc.'s Substantive Joinder to Defendant Warren S. Unemori Engineering, Inc.'s Motion to Join Additional Defendant Goodfellow Brothers, Inc.; and ECF #380 Defendants Stanford Carr Development, LLC and SCD Wailea Fairways, LLC's Joinder in Defendant Sato & Associates, Inc.'s Substantive Joinder to Defendant Warren S. Unemori Engineering, Inc.'s Motion to Join Additional Defendant Goodfellow Brothers, Inc. (collectively, Motions").(ZOOM / 8:33 - 8:46 a.m.) (MAGISTRATE JUDGE ROM TRADER)(laa)
September 8, 2022 Filing 404 EP: TELEPHONIC MOTION HEARING held.Mr. Colombe, counsel for Defendants Fritz Johnson, Inc. and Frederick M. Johnson; Mr. Leong, counsel for Rule 19 Defendant Palehua Apartments LP; and Mr. Nakashima, counsel for Defendant Delta Construction Corporation, did not call to participate in today's hearing.Motion Hearing held regarding: ECF #371 Defendant Warren S. Unemori Engineering, Inc.'s Motion to Join Additional Defendant Goodfellow Brothers, Inc.; ECF #378 Defendant Sato & Associates, Inc.'s Substantive Joinder to Defendant Warren S. Unemori Engineering, Inc.'s Motion to Join Additional Defendant Goodfellow Brothers, Inc.; and ECF #380 Defendants Stanford Carr Development, LLC and SCD Wailea Fairways, LLC's Joinder in Defendant Sato & Associates, Inc.'s Substantive Joinder to Defendant Warren S. Unemori Engineering, Inc.'s Motion to Join Additional Defendant Goodfellow Brothers, Inc. (collectively, "Motions").Court takes judicial notice of its records and files, including the Complaint ECF #1 , Amended Complaint ECF #301 , Defendant Albert C. Kobayashi, Inc.'s Statement of No Position ECF #391 , Government's Memorandum in Opposition ECF #392 , Defendant Warren S. Unemori's Reply Memorandum ECF #397 , Defendant Sato & Associates, Inc.'s Reply Memorandum in Support ECF #398 , all exhibits, applicable legal authority, and prior proceedings in the instant case.Arguments heard.Mr. Shulock reports during pendency of instant motions, Government received additional document production regarding involvement of Goodfellow Brothers, Inc. ("Goodfellow"). Mr. Shulock represents documents not previously provided and being reviewed. Court directs Government to review documents and be prepared to update the Court and parties concerning whether the Government may be willing to recommend for Department of Justice approval of the naming of Goodfellow as a defendant.Court sets Telephone Conference for 9/21/2022 at 8:30 a.m. before Magistrate Judge Trader. No submissions required. Parties and other participants must call at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:Dial in number: 1-833-568-8864 (toll-free).Meeting ID: 161 5641 6035.Court HOLDS IN ABEYANCE further briefing, argument, hearing and a ruling on the Motions. Should a further hearing be deemed appropriate, the Court will schedule one at a date to be determined. (ZOOM / 9:33 - 10:05 a.m.) (MAGISTRATE JUDGE ROM TRADER)(laa)
September 8, 2022 Filing 403 EP: Further Status Conference held by Video Conference.Discussion held.No Further Status Conference scheduled for September.Further settlement conference to be held by Zoom re: exterior work set for 11/15/2022 at 8:30 a.m. Confidential statements are due by 11/10/2022 and shall be emailed to kurren_orders@hid.uscourts.gov. (No record/830a-850a) (MAGISTRATE JUDGE BARRY M. KURREN)(tl)
September 6, 2022 Filing 402 EO: With no objections, the request for an extension regarding expert inspections of the exterior portions of the subject properties has been granted. Deadline has been extended from 9/30/2022 to 10/31/2022. (MAGISTRATE JUDGE BARRY M. KURREN)(tl)
September 2, 2022 Opinion or Order Filing 400 ORDER GRANTING MOTION TO WITHDRAW D. KAENA HOROWITZ AS COUNSEL re #399 - Signed by MAGISTRATE JUDGE ROM TRADER on 9/2/2022. Attorney D. Kaena Horowitz terminated. (eta)
September 1, 2022 Filing 399 MOTION to Withdraw as Attorney (D. Kaena Horowitz) William Meheula appearing for Defendants SCD Wailea Fairways, LLC, Stanford Carr Development, LLC (Attachments: #1 Certificate of Service)(Meheula, William)
August 25, 2022 Filing 398 REPLY MEMORANDUM in Support of #380 MOTION for Joinder in Defendant Sato & Associates, Inc.'s Substantive joinder to Defendant Warren S. Unemori Engineering, Inc.'s Motion to Join Additional Defendant Goodfellow Brothers, Inc., #371 MOTION to Join Additional Defendant Goodfellow Brothers, Inc.; Memorandum in Support of Motion; Declaration of Reed Ariyoshi; Declaration of Counsel; Exhibits 1-5; Certificate of Service filed by Sato & Associates, Inc.. (Goto, Frank) Modified on 8/26/2022 (eta).
August 25, 2022 Filing 397 REPLY re #392 Memorandum in Opposition to Motion,,, to Join Goodfellow Brothers as Defendant (ECF Nos. 371, 378, 380) [ECF No. 392]; Declaration of Counsel; Exhibit 6; Certificate of Service filed by Warren S. Unemori Engineering, Inc.. (Attachments: #1 Declaration of Counsel, #2 Exhibit 6, #3 Certificate of Service)(Kawana, Sabrina)
August 25, 2022 Filing 396 EO: COURT ORDER RESERVING THE SETTING OF A BRIEFING SCHEDULE FOR DEFENDANT DELTA CONSTRUCTION CORPORATION'S MOTION TO DISMISS OR, ALTERNATIVELY, FOR SUMMARY JUDGMENT UNTIL DEFENDANT ALBERT C. KOBAYASHI, INC.'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND THE JOINDERS THEREIN ARE RESOLVED (JUDGE LESLIE E. KOBAYASHI)(tyk)
August 24, 2022 Filing 395 CONCISE STATEMENT in Support re #394 MOTION to Dismiss or, Alternatively, for Summary Judgment filed by Delta Construction Corporation. (Attachments: #1 Declaration of Jeffrey G. Ashmore, #2 Declaration of Ryan B. Kasten, #3 Exhibit A - Certificates of Occupancy, #4 Exhibit B - Declaration of Kenneth Kobatake, #5 Certificate of Service)(Nakashima, David)
August 24, 2022 Filing 394 MOTION to Dismiss or, Alternatively, for Summary Judgment David A. Nakashima appearing for Defendant Delta Construction Corporation (Attachments: #1 Memorandum in Support of Motion, #2 Certificate of Service)(Nakashima, David)
August 24, 2022 Filing 393 Corporate Disclosure Statement by Delta Construction Corporation. (Attachments: #1 Certificate of Service)(Nakashima, David)
August 18, 2022 Filing 392 MEMORANDUM in Opposition re #378 MOTION for Joinder re #371 MOTION to Join Additional Defendant Goodfellow Brothers, Inc.; Memorandum in Support of Motion; Declaration of Reed Ariyoshi; Declaration of Counsel; Exhibits 1-5; Certificate of Service , #380 MOTION for Joinder in Defendant Sato & Associates, Inc.'s Substantive joinder to Defendant Warren S. Unemori Engineering, Inc.'s Motion to Join Additional Defendant Goodfellow Brothers, Inc., #371 MOTION to Join Additional Defendant Goodfellow Brothers, Inc.; Memorandum in Support of Motion; Declaration of Reed Ariyoshi; Declaration of Counsel; Exhibits 1-5; Certificate of Service filed by United States of America. (Shulock, Nathan)
August 18, 2022 Filing 391 STATEMENT of No Position re #378 MOTION for Joinder re #371 MOTION to Join Additional Defendant Goodfellow Brothers, Inc.; Memorandum in Support of Motion; Declaration of Reed Ariyoshi; Declaration of Counsel; Exhibits 1-5; Certificate of Service , #380 MOTION for Joinder in Defendant Sato & Associates, Inc.'s Substantive joinder to Defendant Warren S. Unemori Engineering, Inc.'s Motion to Join Additional Defendant Goodfellow Brothers, Inc., #371 MOTION to Join Additional Defendant Goodfellow Brothers, Inc.; Memorandum in Support of Motion; Declaration of Reed Ariyoshi; Declaration of Counsel; Exhibits 1-5; Certificate of Service filed by Albert C. Kobayashi, Inc.. (Attachments: #1 Certificate of Service)(Sneed, Samantha)
August 17, 2022 Opinion or Order Filing 390 FOURTH AMENDED RULE 16 SCHEDULING ORDER - Signed by MAGISTRATE JUDGE ROM TRADER on 8/17/2022. (eta)
August 17, 2022 Filing 389 EP: TELEPHONIC STATUS CONFERENCE held.Discussion had. Mr. Nakashima confirmed his appearance on behalf of Defendant Delta Construction Corporation ("Delta"). Mr. Lapertosa reports parties to reconvene with Magistrate Judge Kurren in November following anticipated rulings on pending motions for summary judgment. Ms. Elento Sneed reports Magistrate Judge Kurren suggests that separate settlement discussions with Defendants on a property-by-property basis begin in September and October 2022 to address apportionment of retrofit costs.Court sets Telephonic Status Conference for 1/25/2023 at 9:30 a.m. before Magistrate Judge Trader. No submissions required. Parties and other participants must call at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:Dial in number: 1-833-568-8864 (toll-free).Meeting ID: 161 5641 6035.Court is in receipt of parties' ECF #88 Joint Status Report and Proposed Fourth Amended Rule 16 Scheduling Order. Court ADOPTS parties' proposed deadlines as set forth in the Proposed Fourth Amended Rule 16 Scheduling Order. All expired dates to remain closed unless otherwise indicated.Fourth Amended Rule 16 Scheduling Order to issue. Dates given: Jury Selection/Trial is set for 09:00 AM on 6/13/2023 before JUDGE LESLIE E. KOBAYASHI. Final Pretrial Conference is set for 4/27/2023 at 09:00 AM before MAGISTRATE JUDGE ROM TRADER. Status Conference - MJ is set for 1/25/2023 at 09:30 AM before MAGISTRATE JUDGE ROM TRADER. Dispositive Motions filed by 2/15/2023. Discovery due by 2/15/2023. (ZOOM / 10:00 - 10:12 a.m.) (MAGISTRATE JUDGE ROM TRADER)(laa)
August 11, 2022 Filing 388 STATUS REPORT Joint Status Report by United States of America. (Attachments: #1 Exhibit Proposed Fourth Amended Rule 16 Scheduling Order)(Shulock, Nathan)
August 9, 2022 Filing 387 EO: The dial in information for the Telephonic Status Conference set for 8/17/2022 at 10:00 a.m. before Magistrate Judge Trader has changed. The new dial in information is below. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:Dial in number: 1-833-568-8864 (toll-free).Meeting ID: 161 5641 6035. (MAGISTRATE JUDGE ROM TRADER)(laa)
August 4, 2022 Filing 386 EO: As to #378 MOTION for Joinder re #371 MOTION to Join Additional Defendant Goodfellow Brothers, Inc.; Memorandum in Support of Motion; Declaration of Reed Ariyoshi; Declaration of Counsel; Exhibits 1-5; Certificate of Service, #371 MOTION to Join Additional Defendant Goodfellow Brothers, Inc.; Memorandum in Support of Motion; Declaration of Reed Ariyoshi; Declaration of Counsel; Exhibits 1-5; Certificate of Service, and #380 MOTION for Joinder in Defendant Sato & Associates, Inc.'s Substantive joinder to Defendant Warren S. Unemori Engineering, Inc.'s Motion to Join Additional Defendant Goodfellow Brothers, Inc. The Court requires the parties to provide mandatory chambers copies pursuant to Local Rule 10.3. The parties may 1) mail the mandatory copies as permitted under Local Rule 10.3(c)(2), 2) drop off the copies at the overnight drop box located outside the court house, or 3) drop off the copies at the Clerk's Office. (MAGISTRATE JUDGE ROM TRADER)(laa)
August 3, 2022 Filing 385 EO: #378 MOTION for Joinder re #371 MOTION to Join Additional Defendant Goodfellow Brothers, Inc.; Memorandum in Support of Motion; Declaration of Reed Ariyoshi; Declaration of Counsel; Exhibits 1-5; Certificate of Service, #371 MOTION to Join Additional Defendant Goodfellow Brothers, Inc.; Memorandum in Support of Motion; Declaration of Reed Ariyoshi; Declaration of Counsel; Exhibits 1-5; Certificate of Service, #380 MOTION for Joinder in Defendant Sato & Associates, Inc.'s Substantive joinder to Defendant Warren S. Unemori Engineering, Inc.'s Motion to Join Additional Defendant Goodfellow Brothers, Inc. Telephonic Motion Hearing is set for 9/8/2022 at 09:30 AM before MAGISTRATE JUDGE ROM TRADER. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:Dial in number: 1-833-568-8864 (toll-free).Meeting ID: 161 5641 6035. (MAGISTRATE JUDGE ROM TRADER)(laa)
August 3, 2022 Filing 384 EP: Further Status Conference by Video Conference("VTC") held.Discussion held. Deadlines set.Deadline for Expert inspections of the exterior portions of subject properties has been extended to 9/30/2022.Further status conference to be held by Zoom, set for 9/7/2022 at 8:30 a.m. Further settlement conference to be held by Zoom re: exterior work, has been continued from 10/12/2022 to 11/15/2022 at 8:30 a.m. Confidential statements are due by 11/10/2022 and shall be emailed to kurren_orders@hid.uscourts.gov. (ZOOM-no record/11a-1115a) (MAGISTRATE JUDGE BARRY M. KURREN)(tl)
August 3, 2022 Filing 383 EO: COURT ORDER RESERVING THE SETTING OF A BRIEFING SCHEDULE FOR DEFENDANT ROJAC CONSTRUCTION INC.'S MOTION TO DISMISS OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT ON THE CLAIMS OF LIABILITY FOR NAPILIHAU VILLAGES, PALEHUA TERRACE PHASE I, KAHULUI TOWN TERRACE, WAILEA FAIRWAY VILLAS, AND INTERIOR WORK ON NAPILI VILLAS PHASE I, PHASE II, AND PHASE III UNTIL DEFENDANT ALBERT C. KOBAYASHI, INC.'S MOTION FOR PARTIAL SUMMARY JUDGMENT IS RESOLVED (JUDGE LESLIE E. KOBAYASHI)(afe)
August 2, 2022 Filing 382 CERTIFICATE of Counsel Compliance re #375 Concise Statement of Facts in Support of Defendant Martin V. Cooper's Substantive Joinder to Defendant Albert C. Kobayashi Inc.'s Motion for Partial Summary Judgment, . (Goto, Frank) Modified on 8/3/2022 (eta).
August 2, 2022 Filing 381 EO: COURT ORDER SETTING BRIEFING SCHEDULEOn 7/29/2022 Defendant, Albert C. Kobayashi filed Dkt. #369 ; a Motion for Partial Summary Judgment. On 8/1/2022, Defendants Martin Cooper, Design Partners, Inc., and Michael N. Goshi filed Motions for Joinder (Dkt. Nos. #374 , #376 .Court sets the following Motion hearing and briefing schedule:Opposition memorandum due: 10/7/2022.Reply memorandum due: 10/14/2022.A Motion hearing on Defendants Motion for Partial Summary Judgment is set for 10/28/2022 at 09:45 AM by Video Conference Hearing before JUDGE LESLIE E. KOBAYASHI. The Courtroom manager will provide participants with the instructions and information to connect by video in advance of the scheduled video conference. Participants must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing. (JUDGE LESLIE E. KOBAYASHI)(afe)
August 2, 2022 Filing 380 Joinder re #378 Defendant Sato & Associates, Inc.'s MOTION for Substantive Joinder re #371 Defendant Warren S. Unemori Engineering, Inc.'s MOTION to Join Additional Defendant Goodfellow Brothers, Inc. filed by Sato & Associates, Inc. filed by SCD Wailea Fairways, LLC, Stanford Carr Development, LLC. (Attachments: #1 Certificate of Service)(Meheula, William) Modified on 8/3/2022 (eta).
August 2, 2022 Filing 379 NOTICE by SCD Wailea Fairways, LLC, Stanford Carr Development, LLC (Notice of Change of Firm Address) SCD Wailea Fairways, LLC, Stanford Carr Development, LLC. (Attachments: #1 Certificate of Service)(Meheula, William)
August 1, 2022 Filing 378 MOTION for Substantive Joinder re #371 Defendant Warren S. Unemori Engineering, Inc.'s MOTION to Join Additional Defendant Goodfellow Brothers, Inc.; Memorandum in Support; Declaration of Michael T. Ishikawa; Declaration of Richard M. Sato; Certificate of Service Frank K. Goto, Jr appearing for Defendant Sato & Associates, Inc. (Goto, Frank) Modified on 8/2/2022 (eta).
August 1, 2022 Filing 377 CONCISE STATEMENT of Facts re #376 MOTION for Joinder re #369 MOTION for Partial Summary Judgment filed by Design Partners, Inc., Michael N. Goshi. (Attachments: #1 Declaration of Michael N. Goshi , #2 Exhibit "A" , #3 Exhibit "B" , #4 Appendix Certificate of Compliance , #5 Certificate of Service)(Kuwahara, Arthur) Modified on 8/2/2022 (eta).
August 1, 2022 Filing 376 MOTION for Substantive Joinder re #369 Defendant Albert C. Kobayashi, Inc.'s MOTION for Partial Summary Judgment Arthur H. Kuwahara appearing for Defendants Design Partners, Inc., Michael N. Goshi (Attachments: #1 Appendix Certificate of Compliance , #2 Certificate of Service)(Kuwahara, Arthur) Modified on 8/2/2022 (eta).
August 1, 2022 Filing 375 CONCISE STATEMENT of Facts re #374 MOTION for Joinder re #369 MOTION for Partial Summary Judgment ; Declaration of Martin V. Cooper; Certificate of Service filed by Martin V. Cooper. (Goto, Frank) Modified on 8/2/2022 (eta).
August 1, 2022 Filing 374 MOTION for Substantive Joinder re #369 Defendant Albert C. Kobayashi, Inc.'s MOTION for Partial Summary Judgment ; Memorandum in Support of Motion; Certificate of Service Frank K. Goto, Jr appearing for Defendant Martin V. Cooper (Goto, Frank) Modified on 8/2/2022 (eta).
July 31, 2022 Filing 373 CONCISE STATEMENT of Facts re #372 MOTION to Dismiss for failure to State a Claim or, in the Alternative, for Summary Judgment on Claims of Liability for Napilihau Villages, Palehua Terrace Phase I, Kahului Town Terrace, Wailea Fairway Villas, and Interior Work on Napili Villas Phas filed by Rojac Construction Inc.. (Attachments: #1 Certificate of Service)(Ernst, Nicholas)
July 31, 2022 Filing 372 MOTION to Dismiss for failure to State a Claim or, in the Alternative, for Summary Judgment on Claims of Liability for Napilihau Villages, Palehua Terrace Phase I, Kahului Town Terrace, Wailea Fairway Villas, and Interior Work on Napili Villas Phase I, Phase, II, and Phase III Nicholas Koukala Ernst appearing for Defendant Rojac Construction Inc. (Attachments: #1 Memorandum Memorandum in Support of Motion to Dismiss or, in the Alternative, for Summary Judgment on Claims of Liability for Napilihau Villages, Palehua Terrace Phase I, Kahului Town Terrace, Wailea Fairway Villas, and Interior Work on Napili Villas Phase I, Phase, II, and Phase III, #2 Certificate of Service Certificate of Service)(Ernst, Nicholas)
July 29, 2022 Filing 371 MOTION to Join Additional Defendant Goodfellow Brothers, Inc.; Memorandum in Support of Motion; Declaration of Reed Ariyoshi; Declaration of Counsel; Exhibits 1-5; Certificate of Service Sabrina M. Kawana appearing for Defendant Warren S. Unemori Engineering, Inc. (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Reed Ariyoshi, #3 Declaration of Counsel, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Certificate of Service)(Kawana, Sabrina) Modified on 8/1/2022 (eta).
July 29, 2022 Filing 370 CONCISE STATEMENT of Facts re #369 MOTION for Partial Summary Judgment filed by Albert C. Kobayashi, Inc.. (Attachments: #1 Declaration of Anna Elento-Sneed, #2 Declaration of Jeffery Weller, #3 Declaration of Clyde Sugawa, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, #20 Exhibit 17, #21 Exhibit 18, #22 Certificate of Compliance, #23 Certificate of Service)(Elento-Sneed, Anna)
July 29, 2022 Filing 369 MOTION for Partial Summary Judgment Anna M. Elento-Sneed appearing for Defendant Albert C. Kobayashi, Inc. (Attachments: #1 Memorandum in Support of Motion, #2 Certificate of Service)(Elento-Sneed, Anna)
July 25, 2022 Filing 368 Defendants Stanford Carr Development, LLC and SCD Wailea Fairways, LLC's ANSWER to #357 Defendant Rojac Construction Inc.'s Crossclaim, Filed June 27, 2022 by SCD Wailea Fairways, LLC, Stanford Carr Development, LLC. (Attachments: #1 Certificate of Service)(Meheula, William) Modified on 7/26/2022 (eta).
July 18, 2022 Filing 367 Defendants Warren S. Unemori Engineering, Inc. and GYA Architects, Inc.'s ANSWER to #357 Defendant Rojac Construction Inc.'s Crossclaim, Filed on June 27, 2022 [ECF No. 357]; Certificate of Service by GYA Architects, Inc., Warren S. Unemori Engineering, Inc..(Kawana, Sabrina) Modified on 7/19/2022 (eta).
July 18, 2022 Filing 366 Defendant Albert C. Kobayashi, Inc.'s ANSWER to #357 Defendant Rojac Construction Inc.'s Crossclaim, Filed June 27, 2022 by Albert C. Kobayashi, Inc.. (Attachments: #1 Certificate of Service)(Gibo, Trisha) Modified on 7/19/2022 (eta).
July 12, 2022 Filing 365 EP: TELEPHONE CONFERENCE held.Discussion had regarding status of Defendant Delta Construction Corporation ("Delta"). Government anticipates Delta's counsel to answer and appear shortly.Discussion had regarding Defendant Rojac Construction, Inc.'s ECF #362 7/8/2022 Letter requesting six-month continuance of 12/5/2022 trial date and Government's ECF #363 Non-Opposition to Defendant Rojac Construction, Inc.'s Request for Continuance.Based upon the parties' agreement and the Court's finding of good cause, the Court CONTINUES trial from 12/5/2022 to 6/13/2023 before District Judge Kobayashi. While there are many parties involved since the inception of the case that have engaged in substantial discovery and extensive settlement discussions, there are several defendants that only recently have been added. Discovery by and from these newly named defendants to include expert disclosures, will be required. Given the marked differences between the parties, discussion had concerning how best to adjust certain pretrial deadlines, especially those relating to discovery and expert disclosures, for certain parties and not others. For example, newly-named versus formerly-named defendants and design/build defendants versus Rule 19 defendants.Accordingly, while the Court continues the trial to 6/13/2023, it DEFERS the issuance of an amended Rule 16 order and corresponding adjustment of deadlines until after the parties have conferred and submitted proposed deadlines for the Court's consideration. The parties are DIRECTED to confer regarding a proposed set of tailored discovery, expert and other deadlines commensurate with the needs of all parties. By no later than 8/12/2022, the parties shall file a joint status report setting forth a schedule of proposed pretrial deadlines.At request of Ms. Filipovic, the Court continues to hold in ABEYANCE the 7/1/2022 deadline for Rule 19 defendants' expert disclosures until after exterior defendants' expert disclosures.Court sets Telephonic Status Conference for 8/17/2022 at 10:00 a.m. before Magistrate Judge Trader. Parties to be prepared to discuss adjustments to deadlines. Parties and other participants must call at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:1. Dial 1-888-363-47352. Enter Access Code 2070326.Fourth Amended Rule 16 Scheduling Order to issue following 8/17/2022 discussion of deadlines.(ATT / 11:30am-11:51am) (MAGISTRATE JUDGE ROM TRADER)(tyk)
July 11, 2022 Filing 364 Fritz Johnson, Inc. and Frederick M. Johnson's ANSWER to #357 Rojac Construction Inc.'s Crossclaim by Fritz Johnson, Inc., Frederick M. Johnson. (Attachments: #1 Certificate of Service)(Colombe, Leroy) Modified on 7/12/2022 (eta).
July 11, 2022 Filing 363 STATEMENT of No Opposition to #362 Defendant Rojac Construction, Inc's Request for Continuance filed by United States of America. (Shulock, Nathan) Modified on 7/12/2022 (eta).
July 11, 2022 Filing 362 Letter Adjusting Trial Date of December 5, 2022 addressed to Magistrate Judge Rom Trader from Anna H. Oshiro, Esq. and Nicholas K. Ernst, Esq., dated July 8, 2022. (eta)
July 7, 2022 Filing 361 NOTICE of Appearance by Anna H. Oshiro on behalf of Rojac Construction Inc. on behalf of Rojac Construction Inc.. (Oshiro, Anna)
July 7, 2022 ADVISORY ENTRY. Incorrect Attorney Signature - Please be advised that Document #360 Notice of Appearance filed by Rojac Construction, Inc. was signed by an attorney other than the one identified as the e-filer. The name of the CM/ECF User under whose login and password the document is being electronically filed must correspond to the signature of the attorney signing the CM/ECF filed document. The filing party shall use its discretion should they feel the necessity to re-submit a corrected filing. (eta)
July 6, 2022 Filing 360 NOTICE of Appearance by Anna H. Oshiro on behalf of Rojac Construction Inc. on behalf of Rojac Construction Inc.. (Oshiro, Anna) Modified on 7/7/2022 The signature line reflects e-signature of Loren A. Seehase, Esq. (eta).
July 6, 2022 Filing 359 EP: Further Status Conference by Video Conference("VTC") held.Discussion held. Deadlines set.1)Motions directed at liability for exterior work to be filed by 7/31/2022;2)Expert inspections of the exterior portions of subject properties to be completed by 8/31/2022;3)Further status conference to be held by Zoom, is set for 8/3/2022 at 11 a.m.; and 4)Further settlement conference to be held by Zoom re: exterior work, is set for 10/12/2022 at 8:30 a.m. Confidential statements are due by 10/7/2022 and shall be emailed to kurren_orders@hid.uscourts.gov. (ZOOM-No Record / 11a-1130a) (MAGISTRATE JUDGE BARRY M. KURREN)(tl)
June 27, 2022 Filing 358 Corporate Disclosure Statement by Rojac Construction Inc. identifying Corporate Parent Rojac Construction Inc. for Rojac Construction Inc... (Attachments: #1 Certificate of Service)(Ernst, Nicholas)
June 27, 2022 Filing 357 Defendant Rojac Construction Inc.'s ANSWER to #301 Amended Complaint filed April 4, 2022, CROSSCLAIM against All Defendants by Rojac Construction Inc.. (Attachments: #1 Defendant Rojac Construction Inc.'s Cross-Claim, #2 Certificate of Service)(Ernst, Nicholas) Modified on 6/29/2022 (eta).
June 22, 2022 Filing 356 EP: TELEPHONE CONFERENCE held.Discussion had regarding case status in light of [ECF #301 ] Amended Complaint. All additional defendants have appeared or answered except for Defendants Rojac Construction, Inc. ("Rojac") and Delta Construction Corporation ("Delta"), served on 4/29/2022 and 6/21/2022, respectively. Plaintiff has had contact with both Rojac and Delta and anticipates these defendants will answer and appear shortly. Discussion had concerning status of discovery. Parties cooperating to ensure new defendants have access to documents produced thus far. Ms. Elento-Sneed represents that shared drive containing all documents made available. New defendants will need time to review. Discussion had concerning status of settlement discussions with Judge Kurren. Court understands substantial progress made to resolve interior modifications. Judge Kurren now shifting focus to exterior issues. Status Conference with Judge Kurren scheduled for 7/6/2022.Discussion had regarding viability of current schedule given the addition of multiple new defendants, their need to review discovery and the overall status of settlement discussions. Parties agree that adjustment to current schedule appropriate. At request of Ms. Filipovic, the Court holds in ABEYANCE the upcoming 7/1/2022 deadline for Rule 19 defendants' expert disclosures until the next conference. Parties directed to confer regarding any adjustment to the 12/5/2022 trial date and deadlines. If consensus reached, parties to inform the Court via joint letter filed by 7/8/2022. Court sets Telephone Conference for 7/12/2022 at 11:30 a.m. before Magistrate Judge Trader. No submissions required. Parties to be prepared to discuss adjustments to the trial date and deadlines. Parties and other participants must call at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:1. Dial 1-888-363-47352. Enter Access Code 2070326. (ATT / 9:30 - 9:48 a.m.) (MAGISTRATE JUDGE ROM TRADER)(laa)
June 22, 2022 Filing 355 SUMMONS Returned Executed by United States of America. Delta Construction Corporation served on 6/21/2022. (Shulock, Nathan)
June 21, 2022 Filing 354 Amended Corporate Disclosure Statement by SCD Wailea Fairways, LLC. (Attachments: #1 Certificate of Service)(Meheula, William)
June 17, 2022 Filing 353 Corporate Disclosure Statement by SCD Wailea Fairways, LLC. (Attachments: #1 Certificate of Service)(Meheula, William)
June 17, 2022 Filing 352 ANSWER to #301 Amended Complaint by SCD Wailea Fairways, LLC. (Attachments: #1 Certificate of Service)(Meheula, William)
June 17, 2022 Filing 351 Corporate Disclosure Statement by Stanford Carr Development, LLC. (Attachments: #1 Certificate of Service)(Meheula, William)
June 17, 2022 Filing 350 ANSWER to #301 Amended Complaint by Stanford Carr Development, LLC. (Attachments: #1 Certificate of Service)(Meheula, William)
June 9, 2022 Filing 349 EP: Status Conference by Video Conference("VTC") held.Discussion held with Ms. Kawana and Mr. Meheula. (VTC, No Record: 130p-155p) (MAGISTRATE JUDGE BARRY M. KURREN)(tl)
June 8, 2022 Filing 348 NOTICE by SCD Wailea Fairways, LLC, Stanford Carr Development, LLC (Notice of Change of Firm Affiliation of Counsel for Defendants Stanford Carr Development, LLC and SCD Wailea Fairways, LLC) SCD Wailea Fairways, LLC, Stanford Carr Development, LLC. (Attachments: #1 Certificate of Service)(Meheula, William)
June 3, 2022 Filing 347 Corporate Disclosure Statement by Ronald M. Fukumoto Engineering, Inc.. (Goto, Frank)
June 3, 2022 Filing 346 Corporate Disclosure Statement by Sato & Associates, Inc.. (Goto, Frank)
June 3, 2022 Filing 345 Defendant Ronald M. Fukumoto Engineering, Inc. n/k/a Fukumoto Engineering, Inc.'s ANSWER to #301 Amended Complaint by Ronald M. Fukumoto Engineering, Inc..(Goto, Frank)
June 3, 2022 Filing 344 Defendant Sato & Associates, Inc.'s ANSWER to #301 Amended Complaint by Sato & Associates, Inc..(Goto, Frank)
June 3, 2022 Filing 343 Defendant Martin V. Cooper's ANSWER to #301 Amended Complaint by Martin V. Cooper.(Goto, Frank)
June 1, 2022 Filing 342 NOTICE of Appearance by Bennett James Chin on behalf of GYA Architects, Inc., Warren S. Unemori Engineering, Inc. on behalf of GYA Architects, Inc., Warren S. Unemori Engineering, Inc.. (Chin, Bennett)
June 1, 2022 Filing 341 EP: Further Status Conference by Video Conference("VTC") held.Settlement discussions are ongoing.A status conference with Mr. Meheula and Ms. Kawana only, is set by VTC for 6/9/2022 at 1:30 pm(HST) before the Honorable Barry M. Kurren.A Further Status Conference to set up the settlement conference regarding exterior issues is SET by VTC for 07/06/2022 at 11:00 am(HST) before the Honorable Barry M. Kurren. Parties to use previous log in credentials for the VTC hearing. (VTC-No Record / 11a-1120a) (MAGISTRATE JUDGE BARRY M. KURREN)(tl)
May 31, 2022 Filing 340 Corporate Disclosure Statement by GYA Architects, Inc.. (Kawana, Sabrina)
May 31, 2022 Filing 339 ANSWER to #301 Amended Complaint Filed on April 4, 2022 [ECF No. 301]; Certificate of Service by GYA Architects, Inc..(Kawana, Sabrina)
May 23, 2022 Filing 338 STATEMENT (CONSENT TO STIPULATED PROTECTIVE ORDER, FILED MARCH 12, 2020 [DKT. 76]) filed by SCD Wailea Fairways, LLC, Stanford Carr Development, LLC. (Attachments: #1 Certificate of Service)(Meheula, William)
May 20, 2022 Filing 337 Corporate Disclosure Statement by Warren S. Unemori Engineering, Inc.. (Kawana, Sabrina)
May 20, 2022 Filing 336 Defendant Warren S. Unemori Engineering, Inc.'s ANSWER to #301 Amended Complaint Filed on April 4, 2022 [ECF No. 301]; Certificate of Service by Warren S. Unemori Engineering, Inc..(Kawana, Sabrina)
May 19, 2022 Filing 335 SUMMONS Returned Executed by United States of America. Warren S. Unemori Engineering, Inc. served on 4/29/2022. (Shulock, Nathan)
May 19, 2022 Filing 334 SUMMONS Returned Executed by United States of America. Stanford Carr Development, LLC served on 4/27/2022. (Shulock, Nathan)
May 19, 2022 Filing 333 SUMMONS Returned Executed by United States of America. SCD Wailea Fairways, LLC served on 4/27/2022. (Shulock, Nathan)
May 19, 2022 Filing 332 SUMMONS Returned Executed by United States of America. Rojac Construction Inc. served on 4/29/2022. (Shulock, Nathan)
May 19, 2022 Filing 331 SUMMONS Returned Executed by United States of America. GYA Architects, Inc. served on 4/29/2022. (Shulock, Nathan)
May 4, 2022 Filing 330 EP: Further Status Conference by Video Conference("VTC") held.Settlement discussions are ongoing.A Further Status Conference by Video Conference("VTC") has been SET for 06/01/2022 at 11am before the Honorable Barry M. Kurren. Parties to use previous log in credentials for the VTC hearing. (VTC-No Record/10a-1055a) (MAGISTRATE JUDGE BARRY M. KURREN)(tl)
April 29, 2022 Filing 329 NOTICE of Appearance by Devin K. Horowitz on behalf of SCD Wailea Fairways, LLC, Stanford Carr Development, LLC on behalf of SCD Wailea Fairways, LLC, Stanford Carr Development, LLC. (Attachments: #1 Certificate of Service)(Horowitz, Devin)
April 29, 2022 Filing 328 NOTICE of Appearance by William Meheula on behalf of SCD Wailea Fairways, LLC, Stanford Carr Development, LLC on behalf of SCD Wailea Fairways, LLC, Stanford Carr Development, LLC. (Attachments: #1 Certificate of Service)(Meheula, William)
April 19, 2022 Filing 327 ANSWER to #301 Amended Complaint by Napilihau Villages Association of Apartment Owners.(Kopper, Harvey Maxwell)
April 19, 2022 Filing 326 ANSWER to #301 Amended Complaint by Kahului Town Terrace LP. (Attachments: #1 Certificate of Service)(Grable, Paul)
April 19, 2022 Filing 325 ANSWER to #301 Amended Complaint by AOAO Wailea Fairway Villas. (Attachments: #1 Certificate of Service)(Major, David)
April 19, 2022 Filing 322 ANSWER to #301 Amended Complaint by Design Partners, Inc., Michael N. Goshi. (Attachments: #1 Certificate of Service)(Kuwahara, Arthur)
April 18, 2022 Filing 321 ANSWER to #301 Amended Complaint by Napili Villas HOA, Inc.. (Attachments: #1 Certificate of Service)(Filipovic, Rebecca)
April 18, 2022 Filing 320 ANSWER to #301 Amended Complaint by Palehua Apartments LP.(Leong, Kurt)
April 18, 2022 Filing 319 ANSWER to #301 Amended Complaint by Fritz Johnson, Inc., Frederick M. Johnson. (Attachments: #1 Certificate of Service Certificate of Service)(Colombe, Leroy)
April 18, 2022 Filing 318 ANSWER to #301 Amended Complaint by Albert C. Kobayashi, Inc.. (Attachments: #1 Certificate of Service)(Sneed, Samantha)
April 7, 2022 Filing 317 Summons Issued as to GYA Architects, Inc. (eta)
April 7, 2022 Filing 316 Summons Issued as to Warren S. Unemori Engineering, Inc. (eta)
April 7, 2022 Filing 315 Summons Issued as to Delta Construction Corporation. (eta)
April 7, 2022 Filing 314 Summons Issued as to Rojac Construction Inc. (eta)
April 7, 2022 Filing 313 Summons Issued as to Ronald M. Fukumoto Engineering, Inc. (eta)
April 7, 2022 Filing 312 Summons Issued as to Sato & Associates, Inc. (eta)
April 7, 2022 Filing 311 Summons Issued as to SCD Wailea Fairways, LLC. (eta)
April 7, 2022 Filing 310 Summons Issued as to Stanford Carr Development, LLC. (eta)
April 6, 2022 Filing 309 Summons (Proposed) (Shulock, Nathan)
April 6, 2022 Filing 308 Summons (Proposed) (Shulock, Nathan)
April 6, 2022 Filing 307 Summons (Proposed) (Shulock, Nathan)
April 6, 2022 Filing 306 Summons (Proposed) (Shulock, Nathan)
April 6, 2022 Filing 305 Summons (Proposed) (Shulock, Nathan)
April 6, 2022 Filing 304 Summons (Proposed) (Shulock, Nathan)
April 6, 2022 Filing 303 Summons (Proposed) (Shulock, Nathan)
April 6, 2022 Filing 302 Summons (Proposed) (Shulock, Nathan)
April 4, 2022 Filing 301 AMENDED COMPLAINT ; Jury Trial Demanded against All Defendants, filed by United States of America. (Attachments: #1 Certificate of Service)(Shulock, Nathan) Modified on 4/6/2022 (eta).
March 31, 2022 Filing 300 EP: TELEPHONE CONFERENCE held.Discussion had regarding ECF #289 United States' Unopposed Motion for Leave to File Amended Complaint ("Motion"). Court is in receipt of parties' position statements [ECF 292 - 299]. Court confirms defendants have no opposition to the Motion. Based upon the arguments and authorities relied upon by the Government and no opposition by defendants, the Motion is GRANTED without a hearing pursuant to LR7.3(c). These minutes shall stand in place of a separate written order. Government to file amended complaint by no later than 4/8/2022. Court sets Telephone Conference for 6/22/2022 at 9:30 a.m. before Magistrate Judge Trader. No submissions required. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:1. Dial 1-888-363-47352. Enter Access Code 2070326. (ATT / 10:36 - 10:43 a.m.) (MAGISTRATE JUDGE ROM TRADER)(laa)
March 29, 2022 Filing 324 EP: Further Status Conference by Video Conference("VTC") held.Settlement discussions occurred and are ongoing.A Further Status Conference by Video Conference("VTC") has been SET for 05/04/2022 at 10:30am before the Honorable Barry M. Kurren. Parties to use previous log in credentials for the VTC hearing. (VTC-No Record) (MAGISTRATE JUDGE BARRY M. KURREN)(tl)
March 29, 2022 Filing 299 STATEMENT of No Opposition re #289 MOTION for Leave to File Amended Complaint (Unopposed) filed by Napilihau Villages Association of Apartment Owners. (Attachments: #1 Certificate of Service)(Kopper, Harvey Maxwell)
March 29, 2022 Filing 298 STATEMENT of Position to US' Unopposed Motion for Leave to File Amended Complaint [Dkt #289 ] filed by Martin V. Cooper. (Attachments: #1 Certificate of Service)(Goto, Frank) Modified on 3/31/2022 (eta).
March 29, 2022 Filing 297 STATEMENT of No Opposition re #289 MOTION for Leave to File Amended Complaint (Unopposed) filed by Fritz Johnson, Inc., Frederick M. Johnson. (Attachments: #1 Certificate of Service)(Colombe, Leroy)
March 29, 2022 Filing 296 STATEMENT of No Opposition TO UNITED STATES UNOPPOSED MOTION FOR LEAVE TO FILE AMENDED COMPLAINT FILED ON MARCH 22, 2022 [DKT. 289] filed by Design Partners, Inc., Michael N. Goshi. (Attachments: #1 Certificate of Service)(Kuwahara, Arthur)
March 28, 2022 Filing 295 STATEMENT of No Opposition re #289 MOTION for Leave to File Amended Complaint (Unopposed) filed by Napili Villas HOA, Inc.. (Filipovic, Rebecca)
March 28, 2022 Filing 294 STATEMENT of No Opposition re #289 MOTION for Leave to File Amended Complaint (Unopposed) filed by Albert C. Kobayashi, Inc.. (Attachments: #1 Certificate of Service)(Sneed, Samantha)
March 25, 2022 Filing 293 STATEMENT of No Opposition re #289 MOTION for Leave to File Amended Complaint (Unopposed) filed by Palehua Apartments LP. (Leong, Kurt)
March 23, 2022 Filing 292 STATEMENT of No Opposition re #289 MOTION for Leave to File Amended Complaint (Unopposed) filed by Kahului Town Terrace LP. (Attachments: #1 Certificate of Service)(Grable, Paul)
March 23, 2022 Filing 291 EP: TELEPHONE CONFERENCE held.Discussion had regarding ECF #289 United States' Unopposed Motion for Leave to File Amended Complaint ("Motion"). Parties directed to discuss issues related to the Motion and file position statements by 3/29/2022 at 4:30 p.m. Court sets Telephonic Status Conference for 3/31/2022 at 10:30 a.m. before Magistrate Judge Trader. If parties in agreement, Court to resolve Motion at that time. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:1. Dial 1-888-363-47352. Enter Access Code 2070326. (ATT / 8:30 - 8:53 a.m.) (MAGISTRATE JUDGE ROM TRADER)(laa)
March 23, 2022 Filing 290 STATEMENT of No Opposition re #289 MOTION for Leave to File Amended Complaint (Unopposed) Rule 19 Defendant AOAO Wailea Fairway Villas Statement of No Opposition to United States Unopposed Motion for Leave to File Amended Complaint, Filed March 22, 2022 filed by Wailea Fairway Villas. (Attachments: #1 Certificate of Service)(Paris, Sharon)
March 22, 2022 Filing 289 MOTION for Leave to File Amended Complaint (Unopposed) Nathan Shulock appearing for Plaintiff United States of America (Attachments: #1 Memorandum of Law in Support of Motion, #2 Exhibit A: Proposed Amended Complaint, #3 Exhibit B: Proposed Amended Complaint - Redline)(Shulock, Nathan)
March 17, 2022 Filing 288 NOTICE of Appearance by Harry Yee on behalf of United States of America on behalf of United States of America. (Yee, Harry)
March 8, 2022 Filing 323 EP: Status Conference with counsel for Rule 19 defendants only, held by Video Conference. Discussions held. (VTC-No Record) (MAGISTRATE JUDGE BARRY M. KURREN)(tl)
March 4, 2022 Filing 287 EO: A Status Conference by Video Conference(VTC) with Sharon Paris, Rebecca Oato Filipovic, Paul R. Grable, Kurt K. Leong and Harvey Maxwell K. Kopper only, has been set for 3/8/2022 at 9:00 AM before MAGISTRATE JUDGE BARRY M. KURREN. The courtroom manager will provide the applicable participants with instructions and information to connect by video prior to the scheduled video conference date. (MAGISTRATE JUDGE BARRY M. KURREN)(tl)
February 28, 2022 Filing 286 EO: The Confidential Settlement Conference set for 8/29/2022 at 1:00 PM before MAGISTRATE JUDGE ROM TRADER is CONVERTED to a Telephonic Status Conference - MJ. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:1. Dial 1-888-363-4735.2. Access Code 2070326. (MAGISTRATE JUDGE ROM TRADER)(laa)
February 23, 2022 Filing 285 EP: Further Status Conference by Video Conference("VTC") held.Ongoing settlement discussions held.A Further Status Conference by Video Conference("VTC") has been SET for 03/29/2022 at 10:30am before the Honorable Barry M. Kurren. Parties to use previous log in credentials for the VTC hearing. (VTC-No record / 830a-855a) (MAGISTRATE JUDGE BARRY M. KURREN)(tl)
January 26, 2022 Filing 284 EP: Further Status Conference by Video Conference("VTC") held.Ongoing settlement discussions held.A Further Status Conference by Video Conference("VTC") has been SET for 02/23/2022 at 8:30am before the Honorable Barry M. Kurren. Parties to use previous log in credentials for the VTC hearing. (VTC-No record/830a-855a) (MAGISTRATE JUDGE BARRY M. KURREN)(tl)
January 25, 2022 Filing 283 NOTICE of Appearance by Nathan Shulock on behalf of United States of America on behalf of United States of America. (Shulock, Nathan)
January 18, 2022 Opinion or Order Filing 282 ORDER GRANTING UNOPPOSED MOTION FOR WITHDRAWAL OF COUNSEL re #281 - Signed by MAGISTRATE JUDGE ROM TRADER on 1/14/2022. Attorney Michelle Teresa Garcia terminated. (eta)
January 14, 2022 Filing 281 MOTION to Withdraw as Attorney Unopposed Motion for Withdrawal of Counsel Michelle Teresa Garcia appearing for Plaintiff United States of America (Attachments: #1 Certificate of Service)(Garcia, Michelle)
January 12, 2022 Filing 280 CERTIFICATE OF SERVICE by United States of America Plaintiff United States' First Supplemental Initial Disclosures (Garcia, Michelle)
January 5, 2022 Filing 279 EP: Further Video Teleconference("VTC") Settlement Conference held.Discussion held. A Further Video Teleconference("VTC") Status Conference has been SET for 01/26/2022 at 8:30am before the Honorable Barry M. Kurren. Parties to use previous log in credentials for VTC hearing. (MAGISTRATE JUDGE BARRY M. KURREN)(tl)
December 16, 2021 Opinion or Order Filing 278 THIRD AMENDED RULE 16 SCHEDULING ORDER - Signed by MAGISTRATE JUDGE ROM TRADER on 12/16/2021. (eta)
December 16, 2021 Filing 277 EP: TELEPHONE CONFERENCE held.Discussion had regarding new trial date and associated deadlines in light of the Court's 11/26/2021 EO [ECF 274 granting the parties' ECF #273 Third Joint Motion to Modify Scheduling Order. Court CONTINUES trial from 5/31/2022 to 12/5/2022 before District Judge Leslie E. Kobayashi. All unexpired deadlines adjusted consistent with the new trial date. All expired deadlines to remain closed unless otherwise indicated. Parties ADVISED given the age of this case, the Court will not be inclined to consider any further adjustments to the schedule. Court sets Telephone Conference for 3/23/2022 at 8:30 a.m. before Magistrate Judge Trader. No submissions required. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:1. Dial 1-888-363-4735.2. Enter Access Code 2070326.Third Amended Rule 16 Scheduling Order to issue.Dates given:Jury Selection/Trial is set for 09:00 AM on 12/5/2022 before JUDGE LESLIE E. KOBAYASHI. Final Pretrial Conference is set for 10/20/2022 at 09:00 AM before MAGISTRATE JUDGE ROM TRADER. Confidential Settlement Conference #1 is set for 8/29/2022 at 01:00 PM before MAGISTRATE JUDGE ROM TRADER. Confidential Settlement Conference statements by 8/23/2022 to Trader_Orders@hid.uscourts.gov.Telephone Conference is set for 3/23/2022 at 08:30 AM before MAGISTRATE JUDGE ROM TRADER. Dispositive Motions filed by 8/15/2022. Discovery due by 6/7/2022. (ATT / 8:30 - 8:46 a.m.) (MAGISTRATE JUDGE ROM TRADER)(rls)
November 30, 2021 Filing 276 EP: Further Video Teleconference("VTC") Settlement Conference held.Discussion held. A Further Video Teleconference("VTC") Settlement Conference has been SET for 1/5/2022 at 8:30am before the Honorable Barry M. Kurren. Confidential Settlement Conference Statements are due by 1/4/2022 and should be emailed to kurren_orders@hid.uscourts.gov.As part of the process to determine whether additional parties are to be included in this litigation, the attorneys for Albert C. Kobayashi, Inc. (ACK) are ordered to further review the document production and point DOJ to any contracts and/or other key documents between developers and contractors with respect to the exterior work on the properties involved in this lawsuit. The attorneys for ACK are also to continue to take the lead in providing the other parties charts and summaries concerning the status of settlement negotiations. (MAGISTRATE JUDGE BARRY M. KURREN)(tl)
November 26, 2021 Opinion or Order Filing 275 ORDER DENYING DEFENDANT ALBERT C. KOBAYASHI INC.'S MOTION FOR LEAVE TO FILE THIRD-PARTY COMPLAINT re: #172 , #185 , #186 - Signed by MAGISTRATE JUDGE ROM TRADER on 11/26/2021. Follows oral order of 4/15/2021 Hearing at ECF No. #199 (jo)
November 26, 2021 Filing 274 EO: On 11/22/21, the parties filed the [ECF #273 ] Third Joint Motion to Modify Scheduling Order ("Motion") requesting to continue trial and extend deadlines. Pursuant to LR7.1(c), the Court elects to decide this matter without a hearing.Notwithstanding the prior scheduling adjustments, the parties have been diligent. The Court finds the parties have cooperated in good faith with regard to not only discovery, but also various issues, including the identification of possible third-party defendants, as well as settlement discussions. Given the challenges of this complex case, the Court finds good cause and GRANTS the Motion with appropriate new dates and deadlines to be set at the upcoming Telephone Conference scheduled for 12/16/21 at 8:30 a.m. before Magistrate Judge Trader. By 12/9/21, the parties shall provide the Court with proposed dates and deadlines. This submission should include reference to existing dates and deadlines for reference.In light of the foregoing, [ECF #223 ] Second Joint Motion to Modify the Rule 16 Scheduling Order, which has been held in abeyance since the [ECF #239 ] 7/14/21 Telephone Conference, is terminated as MOOT. (MAGISTRATE JUDGE ROM TRADER)(laa)
November 22, 2021 Filing 273 Third Joint MOTION for Extension of Time to Complete Discovery [to Modify Scheduling Order] Max Lapertosa appearing for Plaintiff United States of America (Lapertosa, Max) Modified on 11/23/2021 (eta).
November 22, 2021 Filing 272 EO: A Video Teleconference(VTC) Status Conference has been set for 11/30/2021 at 8:30 AM before MAGISTRATE JUDGE BARRY M. KURREN.The courtroom manager will provide the applicable participants with instructions and information to connect by video prior to the scheduled video conference date. (MAGISTRATE JUDGE BARRY M. KURREN)(tl)
November 3, 2021 Filing 271 Expert Witness Disclosure. filed by Fritz Johnson, Inc., Frederick M. Johnson. (Attachments: #1 Exhibit 1, #2 Certificate of Service)(Colombe, Leroy)
November 2, 2021 Filing 270 CERTIFICATE OF SERVICE by Albert C. Kobayashi, Inc. [Re: Defendant Albert C. Kobayashi, Inc.'s Rebuttal Expert Disclosure] (Elento-Sneed, Anna)
November 1, 2021 Filing 269 Expert Witness Disclosure. filed by Martin V. Cooper. (Attachments: #1 Exhibit Ex A - Report and CV of Jean Tessmer, #2 Certificate of Service Certificate of Service)(Goto, Frank)
November 1, 2021 Filing 268 Expert Witness Disclosure. filed by Design Partners, Inc., Michael N. Goshi. (Attachments: #1 Exhibit "A", #2 Certificate of Service)(Kuwahara, Arthur) Modified on 11/3/2021 (eta).
November 1, 2021 Filing 267 CERTIFICATE OF SERVICE by Albert C. Kobayashi, Inc. [Re: Defendant Albert C. Kobayashi, Inc.'s Disclosure of Expert Witnesses] (Elento-Sneed, Anna)
October 28, 2021 Filing 266 EO: A Video Teleconference("VTC")Settlement Conference has been set for 11/9/2021 at 8:30 AM before MAGISTRATE JUDGE BARRY M. KURREN. The courtroom manager will provide the applicable participants with instructions and information to connect by video prior to the scheduled video conference date. (MAGISTRATE JUDGE BARRY M. KURREN)(tl)
October 15, 2021 Filing 265 EP: CONFIDENTIAL TELEPHONE CONFERENCE held.Defendant Wailea Fairway Villas did not call to participate in today's conference.Ms. Elento Sneed reports memorandum identifying proposed third-party defendant provided to Plaintiff and all parties on 10/7/2021. Ms. Garcia reports Plaintiffs are in the process of reviewing memorandum, supporting documents and seeking a determination from superiors. Parties report discussions with Magistrate Judge Kurren have been productive. Court to update District Judge Kobayashi.Court sets Telephone Conference for 12/16/2021 at 8:30 a.m. before Magistrate Judge Trader. No submissions required. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:1. Dial 1-888-363-47352. Enter Access Code 2070326. Ruling on parties' ECF #223 Second Joint Motion to Modify the Rule 16 Scheduling Order held in abeyance pending resolution of possible addition of third-parties.(ATT / SEALED 9:30 - 9:45 a.m.) (MAGISTRATE JUDGE ROM TRADER)(laa)
October 6, 2021 Filing 264 EP: VIDEO TELECONFERENCE("VTC") SETTLEMENT CONFERENCE re: Palehua and Napilihau properties held.The Court met with the parties. Settlement discussions held.Parties to work out issues discussed by next week and reach out to Magistrate Judge Kurren with an update. (Video Tele-Conference (VTC) - no record 9:30 - 11:50) (MAGISTRATE JUDGE BARRY M. KURREN)(bbb)
September 30, 2021 Filing 263 CERTIFICATE OF SERVICE by United States of America United States' Disclosure of Expert Testimony (Garcia, Michelle)
September 24, 2021 Filing 262 EP: Settlement Conference conducted by video teleconference held.Discussion held. (VTC - No Record) (MAGISTRATE JUDGE BARRY M. KURREN)(rlfh)
September 22, 2021 Filing 261 EO: Mr. Colombe confirmed his availability on 10/6/2021, therefore, the video teleconference(VTC) for Palehua previously set for 9/23/2021 is rescheduled to 10/6/2021 at 8:30 a.m. before the Honorable Barry M. Kurren.The courtroom manager will provide the applicable participants with instructions and information to connect by video prior to the scheduled video conference date. (MAGISTRATE JUDGE BARRY M. KURREN)(rls, )
September 22, 2021 Filing 260 EP: Video Teleconference(VTC) Settlement Conference held.Discussion held.A further video teleconference(VTC) for Na Pilihau set for 10/6/2021 at 8:30 a.m.The courtroom manager will provide the applicable participants with instructions and information to connect by video prior to the scheduled video conference date.Mr. Goto to provide the Government with a written response by Wednesday, 9/29/2021.The Court Vacates the video teleconference(VTC) for Palehua set for 9/23/2021, to be rescheduled to 10/6/2021 or a date thereafter, pending Mr. Colombe's availability.The video teleconference(VTC) for Kahului remains on calendar for 9/24/2021 at 8:30 a.m. (VTC-No Record / 830a-924a) (MAGISTRATE JUDGE BARRY M. KURREN)(rls, )
September 21, 2021 Filing 259 EP: Video Teleconference(VTC) Settlement Conference held. Discussion held. Parties to provide Magistrate Judge Kurren with an update by the end of the week. (VTC-No Record / 830a-940a) (MAGISTRATE JUDGE BARRY M. KURREN)(rls, )
September 20, 2021 Filing 258 EP: Video Teleconference(VTC) Settlement Conference held.Discussion held.Status report to be emailed to Magistrate Judge Kurren by 10/1/2021. (VTC-No Record / 830a-930a) (MAGISTRATE JUDGE BARRY M. KURREN)(tl)
August 31, 2021 Filing 257 EP: CONFIDENTIAL TELEPHONE CONFERENCE held.Discussion had regarding subpoenas served by Defendant Albert C. Kobayashi, Inc. to identify possible third-party defendants. Ms. Elento Sneed estimates they have obtained about 25% of the subpoenaed documents and hopes to have majority of review complete by 9/20/2021 settlement conferences with Magistrate Judge Kurren.Discussion had regarding upcoming expert witness disclosure deadlines. Depending upon whether and to what extent third-parties may be added as additional defendants Plaintiffs anticipate they may need to supplement their expert reports.Court sets Confidential Telephone Conference for 10/15/2021 at 9:30 a.m. before Magistrate Judge Trader. No submissions required. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:1. Dial 1-888-363-47352. Enter Access Code 2070326. Ruling on parties' ECF #223 Second Joint Motion to Modify the Rule 16 Scheduling Order held in abeyance pending resolution of possible addition of third-parties.(ATT / SEALED 9:45 - 10:05 a.m.) (MAGISTRATE JUDGE ROM TRADER)(laa)
August 4, 2021 Filing 256 Return of Service on Subpoena Custodian of Records: Delta Construction Corporation was served on July 24, 2021 (Sneed, Samantha)
August 2, 2021 Filing 255 Return of Service on Subpoena Custodian of Records: Wesley R. Segawa & Associates, Inc. was served on July 13, 2021 (Sneed, Samantha)
July 30, 2021 Filing 254 EP: Video Teleconference Status Conference re the following properties: Palehua, Kahului, Wailea, Napili and Napilihau. Discussions held.(VTC-No Record / 9:30 am to 10:00 am; 10:30 am to 10:50 am; 1:00 pm to 1:15 pm; 2:00 pm to 2:20 pm; 3:00 pm to 3:15 pm) (MAGISTRATE JUDGE BARRY M. KURREN)(tyk)
July 27, 2021 Filing 253 EO: Video Teleconference(VTC)Settlement Conferences before Magistrate Judge Barry M. Kurren, have been set on 7/30/2021 for the following parties and times:7/30/2021 at 9:30am: Property-PalehuaInvitees: Leroy Colombe, Jason Jutz, Jeffrey Lau,Kurt Leong, Anna Elento-Sneed, Samantha Sneed, Miles Furutani, Leighton Hara.7/30/2021 at 10:30am: Property-KahuluiInvitees: Paul Grable, George Brandt, Anna Elento-Sneed, Samantha Sneed, Miles Furutani, Leighton Hara.7/30/2021 at 1pm: Property-WaileaInvitees: Sharon Paris, David Major, Arthur Kuwahara, Anna Elento-Sneed, Samantha Sneed, Miles Furutani, Leighton Hara. 7/30/2021 at 2pm: Property-NapiliInvitees: Rebecca Filipovic, William McKeon, Arthur Kuwahara, Anna Elento-Sneed, Samantha Sneed, Miles Furutani, Leighton Hara.7/30/2021 at 3pm: Property-NapilihauInvitees: H. Maxwell Kopper, Frank Goto, Jane Kwan, Anna Elento-Sneed, Samantha Sneed, Miles Furutani, Leighton Hara.The courtroom manager will provide the applicable participants with instructions and information to connect by video prior to the scheduled video conference date. (MAGISTRATE JUDGE BARRY M. KURREN)(tl)
July 22, 2021 Filing 252 Return of Service on Subpoena AECOM Pacific, Inc. was served on July 21, 2021 (Sneed, Samantha)
July 22, 2021 Filing 251 Return of Service on Subpoena Hirata & Associates, Inc. was served on July 14, 2021 (Sneed, Samantha)
July 22, 2021 Filing 250 Return of Service on Subpoena Custodian of Records: Sato & Associates, Inc. was served on July 19, 2021 (Sneed, Samantha)
July 22, 2021 Filing 249 Return of Service on Subpoena Custodian of Records: Austin, Tsutsumi & Associates, Inc. was served on July 14, 2021 (Sneed, Samantha)
July 21, 2021 Filing 248 Return of Service on Subpoena Custodian of Records: Central Construction, Inc. was served on July 13, 2021 (Sneed, Samantha)
July 21, 2021 Filing 247 Return of Service on Subpoena Custodian of Records: Kimmey Unabia Architects, Ltd. was served on July 14, 2021 (Sneed, Samantha)
July 21, 2021 Filing 246 Return of Service on Subpoena Custodian of Records: Rojac Construction, Inc. was served on July 13, 2021 (Sneed, Samantha)
July 21, 2021 Filing 245 Return of Service on Subpoena Custodian of Records: Warren S. Unemori Engineering, Inc. was served on July 13, 2021 (Sneed, Samantha)
July 15, 2021 Filing 244 Return of Service on Subpoena Custodian of Records: AECOM Pacific, Inc. was served on July 8, 2021 (Sneed, Samantha)
July 15, 2021 Filing 243 Return of Service on Subpoena Custodian of Records: Goodfellow Bros. LLC was served on July 8, 2021 (Sneed, Samantha)
July 15, 2021 Filing 242 Return of Service on Subpoena Custodian of Records: SCD Wailea Fairway, LLC was served on July 9, 2021 (Sneed, Samantha)
July 15, 2021 Filing 241 Return of Service on Subpoena Custodian of Records: Alexander & Baldwin, Inc. was served on July 8, 2021 (Sneed, Samantha)
July 15, 2021 Filing 240 Return of Service on Subpoena Ronald M. Fukumoto Engineering, Inc. was served on July 8, 2021 (Sneed, Samantha)
July 14, 2021 Filing 239 EP: TELEPHONIC STATUS CONFERENCE held.Discussion had regarding ECF #223 Second Joint Motion to Modify the Rule 16 Scheduling Order and ongoing discovery concerning identification of third-parties responsible for exterior work at the subject properties. Once identified, Defendants to request Plaintiff consider agreement to add as parties. While parties cooperating, it is anticipated that discovery, review and any approval process related to possible addition of third parties will take time to resolve and also will have impact on settlement efforts ongoing with Magistrate Judge Kurren.Due to complexities of this action, parties agree that trial continuance and adjustment of deadlines necessary. Court declines to consider continuance of the trial date until such time that it becomes clear as to whether and to what extent third-parties may be appropriately added as parties. As such, the Court holds ECF #223 Second Joint Motion to Modify the Rule 16 Scheduling Order in ABEYANCE pending further conferences with the Court. The Court, however, agrees that extension of expert disclosure deadlines and the dispositive motions deadline is appropriate. Based upon the parties' agreement and the Court's finding of good cause, the Court extends deadlines for expert disclosures and dispositive motions by ninety (90) days as follows:1. All Plaintiff's expert disclosures deadline extended from 7/2/2021 to 9/30/2021.2. All Defendants' expert disclosures deadline extended from 8/2/2021 to 11/1/2021.3. All Defendants' rebuttal expert disclosures deadline extended from 8/4/2021 to 11/2/2021.4. All Rule 19 Defendants' expert disclosures deadline extended from 10/4/2021 to 1/3/2022.5. All Plaintiff's rebuttal expert disclosures deadline extended from 11/5/2021 to 2/3/2022.6. Dispositive motions deadline extended from 1/7/2022 to 4/7/2022.These minutes will stand in place of an amended Rule 16 Scheduling Order. Court to update District Judge Kobayashi.The Court sets a Confidential Telephone Conference for 8/31/2021 at 9:45 a.m. before Magistrate Judge Trader. No submissions required. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:1. Dial 1-888-363-4735.2. Enter Access Code 2070326.(ATT/10:00 - 10:25) (MAGISTRATE JUDGE ROM TRADER)(tyk)
July 2, 2021 Filing 238 CERTIFICATE OF SERVICE by Albert C. Kobayashi, Inc. [Re: Notice of Subpoena - Custodian of Records: Wesley R. Segawa & Associates, Inc.] (Sneed, Samantha)
July 2, 2021 Filing 237 CERTIFICATE OF SERVICE by Albert C. Kobayashi, Inc. [Re: Notice of Subpoena - Custodian of Records: Warren S. Unemori Engineering, Inc.] (Sneed, Samantha)
July 2, 2021 Filing 236 CERTIFICATE OF SERVICE by Albert C. Kobayashi, Inc. [Re: Notice of Subpoena - Custodian of Records: SCD Wailea Fairway, LLC] (Sneed, Samantha)
July 2, 2021 Filing 235 CERTIFICATE OF SERVICE by Albert C. Kobayashi, Inc. [Re: Notice of Subpoena - Custodian of Records: Sato & Associates, Inc.] (Sneed, Samantha)
July 2, 2021 Filing 234 CERTIFICATE OF SERVICE by Albert C. Kobayashi, Inc. [Re: Notice of Subpoena - Custodian of Records: Ronald M. Fukumoto Engineering, Inc.] (Sneed, Samantha)
July 2, 2021 Filing 233 CERTIFICATE OF SERVICE by Albert C. Kobayashi, Inc. [Re: Notice of Subpoena - Custodian of Records: Rojac Construction, Inc.] (Sneed, Samantha)
July 2, 2021 Filing 232 CERTIFICATE OF SERVICE by Albert C. Kobayashi, Inc. [Re: Notice of Subpoena - Custodian of Records: Kimmey Unabia Architects, Ltd.] (Sneed, Samantha)
July 2, 2021 Filing 231 CERTIFICATE OF SERVICE by Albert C. Kobayashi, Inc. [Re: Notice of Subpoena - Custodian of Records: Hirata & Associates, Inc.] (Sneed, Samantha)
July 2, 2021 Filing 230 CERTIFICATE OF SERVICE by Albert C. Kobayashi, Inc. [Re: Notice of Subpoena - Custodian of Records: Goodfellow Bros. LLC] (Sneed, Samantha)
July 2, 2021 Filing 229 CERTIFICATE OF SERVICE by Albert C. Kobayashi, Inc. [Re: Notice of Subpoena - Custodian of Records: Delta Construction Corporation] (Sneed, Samantha)
July 2, 2021 Filing 228 CERTIFICATE OF SERVICE by Albert C. Kobayashi, Inc. [Re: Notice of Subpoena - Custodian of Records: Central Construction, Inc.] (Sneed, Samantha)
July 2, 2021 Filing 227 CERTIFICATE OF SERVICE by Albert C. Kobayashi, Inc. [Re: Notice of Subpoena - Custodian of Records: Austin, Tsutsumi & Associates, Inc.] (Sneed, Samantha)
July 2, 2021 Filing 226 CERTIFICATE OF SERVICE by Albert C. Kobayashi, Inc. [Re: Notice of Subpoena - Custodian of Records: Alexander & Baldwin, Inc.] (Sneed, Samantha)
July 2, 2021 Filing 225 CERTIFICATE OF SERVICE by Albert C. Kobayashi, Inc. [Re: Notice of Subpoena - Custodian of Records: AECOM Pacific, Inc.] (Sneed, Samantha)
June 30, 2021 Filing 224 EO: Telephonic Status Conference is set for 7/14/2021 at 10:00 AM before MAGISTRATE JUDGE ROM TRADER. Parties to be prepared to discuss adjustment of trial and deadlines.Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:1. Dial 1-888-363-4735.2. Access Code 2070326. (MAGISTRATE JUDGE ROM TRADER)(laa)
June 30, 2021 Filing 223 Second Joint MOTION to Modify Rule 16 Scheduling Order Samantha M. Sneed appearing for Defendant Albert C. Kobayashi, Inc. (Attachments: #1 Certificate of Service)(Sneed, Samantha) Modified on 7/1/2021 (emt, ).
June 22, 2021 Filing 222 EP: Further Video Teleconference(VTC) Settlement Conference with all parties held.Discussion held.Parties will meet and confer to discuss the trial schedule and contact Magistrate Judge Rom Trader by July 2, 2021 for further assistance.Defense will provide Plaintiff with a spreadsheet by August 16, 2021, to be followed by further settlement conference discussions with Magistrate Judge Barry M. Kurren.The Court directs that Further Settlement Conferences be set by video teleconference(VTC) before Magistrate Judge Barry M. Kurren for the week of: Monday September 20, 2021 through Friday September 24, 2021 beginning at 8:30 am each day as follows:Monday 9/20/2021 at 8:30 am - Wailea FairwayTuesday 9/21/2021 at 8:30 am- Napili VillasWednesday 9/22/2021 at 8:30 am- Na Pilihau Thursday 9/23/2021 at 8:30 am- Palehua Friday 9/24/2021 at 8:30 am- Kahului Town Terrace The parties have been advised as to which party will be joining each day.The courtroom manager will provide the applicable participants with instructions and information to connect by video prior to the scheduled video conference date. (VTC-No Record/9a-945a) (MAGISTRATE JUDGE BARRY M. KURREN)(tl)
June 22, 2021 Filing 221 EP: Further Video Teleconference(VTC) Settlement Conference with the government held.Discussion held with Plaintiff's counsel.Settlement discussions to proceed as previously set with all parties on 6/22/2021 at 9:00 am.(VTC-No Record / 8a-835a) (MAGISTRATE JUDGE BARRY M. KURREN)(tl)
June 8, 2021 Filing 220 EP: Further Video Teleconference(VTC) Settlement Conference held.Discussion held.A video teleconference(VTC) for Wailea Fairway and Napili Villas set for 6/16/2021 at 9:00 a.m.A video teleconference(VTC) for Kahului Town Terrace set for 6/16/2021 at 10:30 a.m.A video teleconference(VTC) for Palehua set for 6/18/2021 at 9:00 a.m. A video teleconference(VTC) for Na Pilihau set for 6/18/2021 at 10:00 a.m. A video teleconference(VTC) for the government has been set for 6/22/2021 at 8:00 a.m.A video teleconference(VTC) for all parties has been set for 6/22/2021 at 9:00 a.m.The courtroom manager will provide the applicable participants with instructions and information to connect by video prior to the scheduled video conference date. (No Record / 830a-910a) (MAGISTRATE JUDGE BARRY M. KURREN)(tl)
May 28, 2021 Filing 214 CERTIFICATE OF SERVICE by United States of America United States' Response to Defendants Design Partners, Inc. and Michael N. Goshi's Request for Production of Documents and Things (Garcia, Michelle)
May 24, 2021 Filing 213 CERTIFICATE OF SERVICE by Martin V. Cooper of Defendant Martin V. Cooper's Statement of Initial Disclosures, dated March 11, 2020 (Goto, Frank)
May 24, 2021 Filing 212 NOTICE by Martin V. Cooper of Withdrawal of Defendant Martin V Cooper's Statement of Initial Disclosures [Dkt #73 ] filed March 11, 2020 Martin V. Cooper. (Attachments: #1 Certificate of Service)(Goto, Frank) Modified on 5/24/2021 (emt, ).
May 21, 2021 Filing 219 EP: Telephonic Status Conference held with Napilihau Villages AOAO on 5/21/2021. (No Record/930a-955a) (MAGISTRATE JUDGE BARRY M. KURREN)(tl)
May 18, 2021 Filing 218 EP: Telephonic Status Conference held with Palehua Terrace on 5/18/2021. (No Record/12p-1215p) (MAGISTRATE JUDGE BARRY M. KURREN)(tl)
May 18, 2021 Filing 217 EP: Telephonic Status Conference held with Kahului Town Terrace LP on 5/18/2021. (No Record/11a-1115a) (MAGISTRATE JUDGE BARRY M. KURREN)(tl)
May 18, 2021 Filing 216 EP: Telephonic Status Conference held with AOAO Wailea Fairway Villas on 5/18/2021 (No Record / 1030a-1040a) (MAGISTRATE JUDGE BARRY M. KURREN)(tl)
May 18, 2021 Filing 215 EP: Telephonic Status Conference held with Napili Villas HOA on 5/18/2021. (No Record / 10a-1030a) (MAGISTRATE JUDGE BARRY M. KURREN)(tl)
May 17, 2021 Filing 211 EO: A Telephonic Status Conference has been set for the following dates and times before MAGISTRATE JUDGE BARRY M. KURREN:Napili Villas HOA, Tuesday, May 18, 2021, st 10:00 a.m.AOAO Wailea Fairway Villas,Tuesday, May 18, 2021, at 10:30 a.m.Kahului Town Terrace LP, Tuesday, May 18, 2021, at 11:00 a.m.Palehua Terrace, Tuesday, May 18, 2021, at NoonNapilihau Villages AOAO, Friday, May 21, 2021, at 9:30 a.m.Parties are to participate via the court's AT&T teleconference services. Call-in information for this conference is below. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing. Participant Instructions: Step 1: Dial 1-888-684-8852. Step 2: Enter "4890755#"(Access Code followed by the pound (#) sign)". Step 3: Participant will hear system say "To join the conference as host press star (*), otherwise press pound (#). Enter '#'." System will then say "The host has not yet arrived. Please stand by." Participant should continue to hold until the Host arrives. (MAGISTRATE JUDGE BARRY M. KURREN)(tl)
May 7, 2021 Opinion or Order Filing 210 SECOND AMENDED RULE 16 SCHEDULING ORDER - Signed by MAGISTRATE JUDGE ROM TRADER on 5/7/2021. (emt, )
May 7, 2021 Filing 209 EP: TELEPHONE CONFERENCE held.Discussion had regarding Defendant Albert C. Kobayashi, Inc.'s ECF #206 Motion to Continue Trial Date and Trial Deadlines ("Motion"). No objection by any of the parties.Based upon the parties' agreement and the Court's finding of good cause, the Court GRANTS the Motion to Continue Trial Date and Trial Deadlines. Jury trial is CONTINUED from 03/28/2022 to 05/31/2022 before District Judge Kobayashi. All unexpired deadlines adjusted consistent with deadlines proposed in the Motion. All other unexpired deadlines adjusted consistent with the new trial date. All expired deadlines to remain closed.These minutes will stand in place of a written order granting the Motion.Second Amended Rule 16 Scheduling Order to issue.With regard to settlement efforts, Ms. Elento Sneed reports site inspections have been scheduled for early June 2021, following which, Magistrate Judge Kurren to begin staggered discussions on a property-by-property basis, beginning with Rule 19 Defendant AOAO Wailea Fairway Villas. Dates given: Jury Selection/Trial is set for 5/31/2022 at 08:30 AM before JUDGE LESLIE E. KOBAYASHI. Final Pretrial Conference is set for 4/19/2022 at 09:00 AM before MAGISTRATE JUDGE ROM TRADER. Settlement Conference is set for 2/28/2022 at 10:00 AM before MAGISTRATE JUDGE ROM TRADER.Confidential Settlement Conference statements due 2/22/2022 to Trader_Orders@hid.uscourts.gov Dispositive Motions filed by 1/7/2022. Discovery due by 12/7/2021. (ATT / 10:00 - 10:10 a.m.) (MAGISTRATE JUDGE ROM TRADER)(laa)
May 4, 2021 Filing 208 CERTIFICATE OF SERVICE by Palehua Apartments LP [Re: Rule 19 Defendant Palehua Apartment LP's Response to Defendants/Cross Defendants Fritz Johnson, Inc. and Frederick M. Johnson's First Request for Production of Documents] (Leong, Kurt)
May 3, 2021 Filing 207 EO: On 4/30/21, Defendant Albert C. Kobayashi, Inc. ("ACK") filed #206 ACK's Motion to Continue Trial Date and Trial Deadlines ("Motion") which states that Plaintiff does not object to the Motion. Additionally, the Motion states that ACK "notified Defendants and Rule 19 Defendants of its intent to seek a continuance of the trial and all trial deadlines, and ACK has received no objection in response to its notice." ECF No. #206 . The Court schedules a Telephone Conference for 5/7/21 at 10:00 a.m. before Magistrate Judge Trader. Parties to be prepared to discuss the trial date and deadlines proposed in the Motion.Parties and counsel should call at least 5 minutes prior to the scheduled start time of the conference. Dial-in instructions below:1.AT&T 1-888-363-47352.Access Code 2070326 (MAGISTRATE JUDGE ROM TRADER)(laa)
April 30, 2021 Filing 206 MOTION to Continue Trial Date and Trial Deadlines Samantha M. Sneed appearing for Defendant Albert C. Kobayashi, Inc. (Attachments: #1 Declaration of Samantha M.P. Sneed, #2 Certificate of Service)(Sneed, Samantha)
April 30, 2021 Filing 205 CERTIFICATE OF SERVICE by Albert C. Kobayashi, Inc. [Re: Defendant Albert C. Kobayashi, Inc.'s Response to Defendants/Cross Defendants Fritz Johnson, Inc. and Frederick M. Johnson's First Request For Production of Documents, Dated April 2, 2021] (Sneed, Samantha)
April 30, 2021 Filing 204 CERTIFICATE OF SERVICE by Design Partners, Inc., Michael N. Goshi (Kuwahara, Arthur)
April 26, 2021 Filing 203 NOTICE of Appearance by Christian L K H Kamau on behalf of Napilihau Villages Association of Apartment Owners on behalf of Napilihau Villages Association of Apartment Owners. (Kamau, Christian)
April 23, 2021 Filing 202 CERTIFICATE OF SERVICE by Wailea Fairway Villas RE: RULE 19 DEFENDANT AOAO WAILEA FAIRWAY VILLAS RESPONSE TO UNITED STATES FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION DATED FEBRUARY 26, 2021 (Paris, Sharon)
April 21, 2021 Filing 201 NOTICE by United States of America Proposed Order Denying Defendant Albert C. Kobayashi, Inc.'s Motion for Leave to File Third-Party Complaint and Denying Defendants Design Partners, Inc., Michael N. Goshi, and Martin V. Cooper's Joinders to Defendant Albert C. Kobayashi' s Inc. Motion United States of America. (Garcia, Michelle)
April 21, 2021 Filing 200 SUPPLEMENTAL STATEMENT OF INITIAL DISCLOSURES by Kahului Town Terrace LP. (Attachments: #1 Certificate of Service)(Grable, Paul) Modified on 4/22/2021 (emt, ).
April 15, 2021 Filing 199 EP: TELEPHONIC MOTION HEARING held regarding:1. ECF #172 Defendant Albert C. Kobayashi's Motion for Leave to File Third-Party Complaint ("Motion");2. ECF #185 Defendants Design Partners, Inc. and Michael N. Goshi's Joinder to Defendant Albert C. Kobayashi, Inc.'s Motion for Leave to File Third-Party Complaint ("Joinder by Design Partners and Michael Goshi"); and3. ECF #186 Defendant Martin V. Cooper's Joinder to Defendant Albert C. Kobayashi, Inc.'s Motion for Leave to File Third-Party Complaint ("Joinder by Martin Cooper").Arguments heard.Court takes judicial notice of its records and files, including the Motion ECF #172 , Joinder by Design Partners and Michael Goshi ECF #185 , Joinder by Martin Cooper ECF #186 , Government's Memorandum in Opposition ECF #189 , Defendant Napili Villas HOA, Inc.'s Joinder in Government's Memorandum in Opposition ECF #190 , Statements of No Position by Fritz Johnson, Inc., Frederick M. Johnson, Kahului Town Terrace and Palehua Apartments ECF [ #184 , #188 and #191 respectively] and Defendant Albert C. Kobayashi's Reply Memorandum in Support ECF #194 and cited legal authority. After careful consideration of the Motion, within the context of the record and applicable legal authorities, the Court adopts arguments and authorities relied upon by the Government and Napili Villas HOA, Inc. and DENIES the Motion ECF #172 . The Court also DENIES the Joinder by Design Partners and Michael Goshi ECF #185 and Joinder by Martin Cooper ECF #186 . Ms. Garcia to prepare and submit draft order to the Court's orders box at Trader_Orders@hid.uscourts.gov within seven (7) days of this hearing. (ATT / 9:45 - 10:40 a.m.) (MAGISTRATE JUDGE ROM TRADER)(laa)
April 14, 2021 Filing 198 CERTIFICATE OF SERVICE by Kahului Town Terrace LP (RE: DEFENDANT KAHULUI TOWN TERRACE LPS RESPONSE TO UNITED STATES FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION TO NAPILIHAU VILLAGES ASSOCIATION OF APARTMENT OWNERS, NAPILI VILLAS HOA, INC., AOAO WAILEA FAIRWAY VILLAS, KAHULUI TOWN TERRACE LP, AND PALEHU APARTMENTS LP, DATED FEBUARY 26, 2021) (Grable, Paul)
April 5, 2021 Filing 197 CERTIFICATE OF SERVICE by Napili Villas HOA, Inc. re #175 Certificate of Service Re: Rule 19 Defendant Napili Villas HOA, Inc.'s Response to United States' First Set of Interrogatories and Request for Production (Filipovic, Rebecca)
April 2, 2021 Filing 196 CERTIFICATE OF SERVICE by Fritz Johnson, Inc., Frederick M. Johnson Re: Defendants/Cross Defendants Fritz Johnson, Inc. and Frederick M. Johnsons First Request for Production of Documents to Palehua Apartments, LP (Jutz, Jason)
April 2, 2021 Filing 195 CERTIFICATE OF SERVICE by Fritz Johnson, Inc., Frederick M. Johnson Re: Defendants/Cross-Defendants Fritz Johnson, Inc. and Frederick M. Johnsons First Request for Production of Documents to Albert C. Kobayashi, Inc. (Jutz, Jason)
April 1, 2021 Filing 194 Reply MEMORANDUM in Support re #172 Defendant Albert C. Kobayashi, Inc.'s MOTION for Leave to File Third-Party Complaint filed by Albert C. Kobayashi, Inc.. (Attachments: #1 Certificate of Service)(Sneed, Samantha) Modified on 4/5/2021 (emt, ).
March 30, 2021 Filing 193 CERTIFICATE OF SERVICE by Napilihau Villages Association of Apartment Owners (Kopper, Harvey Maxwell)
March 25, 2021 Filing 192 EO: As to - #186 MOTION for Joinder re #172 Defendant Albert C. Kobayashi, Inc.'s MOTION for Leave to File Third-Party Complaint ; and - #185 MOTION for Joinder to Defendant Albert C. Kobayashi, Inc.'s Motion for Leave to File Third-Party Complaint; Telephonic Motion Hearing is set for 4/15/2021 at 09:45 AM before MAGISTRATE JUDGE ROM TRADER. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:1. Dial 1-888-363-4735.2. Access Code 2070326. (MAGISTRATE JUDGE ROM TRADER)(laa)
March 25, 2021 Filing 191 STATEMENT of No Position re #172 Defendant Albert C. Kobayashi, Inc.'s MOTION for Leave to File Third-Party Complaint filed by Palehua Apartments LP. (Leong, Kurt)
March 25, 2021 Filing 190 Rule 19 Defendant Napili Villas HOA, Inc.'s Joinder re #189 United States' Memorandum in Opposition to Defendant Albert C. Kobayashi, Inc.'s Motion for Leave to File Third-Party Complaint Filed on February 19, 2021 filed by Napili Villas HOA, Inc. (Filipovic, Rebecca) Modified on 3/29/2021 (emt, ).
March 25, 2021 Filing 189 MEMORANDUM in Opposition re #172 Defendant Albert C. Kobayashi, Inc.'s MOTION for Leave to File Third-Party Complaint filed by United States of America. (Attachments: #1 Declaration Declaration of Michelle Teresa Garcia)(Garcia, Michelle)
March 25, 2021 Filing 188 STATEMENT of No Position re #172 Defendant Albert C. Kobayashi, Inc.'s MOTION for Leave to File Third-Party Complaint filed by Kahului Town Terrace LP. (Attachments: #1 Certificate of Service)(Grable, Paul)
March 25, 2021 Filing 187 CERTIFICATE OF SERVICE by Palehua Apartments LP Response to United States' First Set of Interrogatories and Request for Production to Rule 19 Defendants (Leong, Kurt)
March 25, 2021 Filing 186 MOTION for Joinder re #172 Defendant Albert C. Kobayashi, Inc.'s MOTION for Leave to File Third-Party Complaint Frank K. Goto, Jr appearing for Defendant Martin V. Cooper (Attachments: #1 Certificate of Service)(Goto, Frank)
March 25, 2021 Filing 185 Joinder to Defendant Albert C. Kobayashi's Motion for Leave to File Third-Party Complaint [Dkt. #172 ] filed by Design Partners, Inc., Michael N. Goshi. (Attachments: #1 Certificate of Service)(Kuwahara, Arthur) Modified on 3/25/2021 to correct filing event (emt, ).
March 24, 2021 Filing 184 STATEMENT of No Position re #172 Defendant Albert C. Kobayashi, Inc.'s MOTION for Leave to File Third-Party Complaint ; Certificate of Service filed by Fritz Johnson, Inc., Frederick M. Johnson. (Jutz, Jason)
March 24, 2021 Filing 183 Return of Service on Subpoena James Reinhardt was served on 03-17-2021 (Kopper, Harvey Maxwell) Modified on 3/24/2021 incorrect document attached, refer to Advisory Entry issued on 3/24/2021. (emt, ).
March 24, 2021 ADVISORY ENTRY. Wrong Case - Please be advised that Document #183 Return of Service on Subpoena, was inadvertently entered in the instant case. The entry pertains to case CV 18-00294 LEK-RT. The document will be stricken from the instant case. If the filing party has not already done so, please file the document in CV 18-00294 LEK-RT. (emt, )
March 23, 2021 Filing 182 EP: Further Video Teleconference(VTC) Settlement Conference with Ms. Garcia, Mr. Lapertosa, Ms. Elento-Sneed, Mr. Furutani and Mr. Kuwahara held.Discussion held.Consultants for the defendants will inspect the properties involved in this litigation June 1-4, 2021. The inspections are for settlement purposes only.A further video teleconference(VTC) settlement conference has been set for June 8, 2021 at 8:30am(HST). The courtroom manager will provide the applicable participants with instructions and information to connect by video prior to the scheduled video conference date.(No Record/ 8a-845a) (MAGISTRATE JUDGE BARRY M. KURREN)(tl)
March 19, 2021 Filing 181 NOTICE of Withdrawal and Appearance of Counsel for Defendants/Cross-Defendants Fritz Johnson, Inc. and Frederick M. Johnson by Jason W. Jutz on behalf of Fritz Johnson, Inc., Frederick M. Johnson on behalf of Fritz Johnson, Inc., Frederick M. Johnson. (Attachments: #1 Certificate of Service)(Jutz, Jason) Modified on 3/22/2021 (emt, ).
March 17, 2021 Filing 180 EO: Pursuant to Plaintiff's request and the agreement of Defendants, the Telephonic Motion Hearing set for 4/8/2021 is CONTINUED to 4/15/2021 at 9:45 AM before MAGISTRATE JUDGE ROM TRADER.Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:1. Dial 1-888-363-4735.2. Access Code 2070326. (MAGISTRATE JUDGE ROM TRADER)(laa)
March 16, 2021 Filing 179 EP: Video Teleconference(VTC) Settlement Conference with Ms. Garcia, Mr. Lapertosa, Ms. Elento-Sneed, Mr. Hara and Mr. Furutani held.Discussion held.A further video teleconference(VTC) settlement conference with Ms. Garcia, Mr. Lapertosa, Ms. Elento-Sneed, Mr. Hara, Mr. Furutani and Mr. Kuwahara set for March 23, 2021 at 8am(HST). The courtroom manager will provide the applicable participants with instructions and information to connect by video prior to the scheduled video conference date. (VTC-No Record/830a-920a) (MAGISTRATE JUDGE BARRY M. KURREN)(tl)
March 8, 2021 Filing 178 STIPULATION FOR DISMISSAL WITHOUT PREJUDICE AS TO THE CROSS-CLAIM FILED BY ALBERT C. KOBAYASHI, INC., AGAINST NAPILIHAU VILLAGES ASSOCIATION OF APARTMENT OWNERS (DKT. #36 ) - Signed by JUDGE LESLIE E. KOBAYASHI on 3/8/2021. (emt, )
March 5, 2021 Filing 177 EO: COURT ORDER DENYING STIPULATION FOR DISMISSAL WITHOUT PREJUDICE AS TO THE CROSS-CLAIM FILED BY ALBERT KOBAYASHI, INC. AGAINST NAPILIHAU VILLAGES ASSOCIATION OF APARTMENT OWNERS [DKT 36] (JUDGE LESLIE E. KOBAYASHI) (afe)
March 3, 2021 Filing 176 EP: CONFIDENTIAL TELEPHONE CONFERENCE held.Discussion had regarding status of settlement discussions with Magistrate Judge Kurren. Ms. Elento-Sneed reports parties cooperating to proceed with discussions on property-by-property basis.Government reports it intends to oppose Defendant Albert C. Kobayashi, Inc.'s Motion for Leave to File Third-Party Complaint ECF #172 . Parties report COVID-related challenges have impacted ongoing discovery, but parties continue to cooperate. (No Record / 11:00 - 11:10 a.m.) (MAGISTRATE JUDGE ROM TRADER)(laa)
February 26, 2021 Filing 175 CERTIFICATE OF SERVICE by United States of America (Lapertosa, Max)
February 22, 2021 Filing 174 EO: Court sets a Confidential Telephone Conference for 3/3/2021 at 11:00 AM before MAGISTRATE JUDGE ROM TRADER. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:1. Dial 1-888-363-4735.2. Access Code 2070326. (MAGISTRATE JUDGE ROM TRADER)(laa)
February 22, 2021 Filing 173 EO: #172 Defendant Albert C. Kobayashi, Inc.'s MOTION for Leave to File Third-Party Complaint. Motion Hearing is set for 4/8/2021 at 10:00 AM before MAGISTRATE JUDGE ROM TRADER. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:1. Dial 1-888-363-4735.2. Access Code 2070326. (MAGISTRATE JUDGE ROM TRADER)(laa)
February 19, 2021 Filing 172 Defendant Albert C. Kobayashi, Inc.'s MOTION for Leave to File Third-Party Complaint Anna M. Elento-Sneed appearing for Defendant Albert C. Kobayashi, Inc. (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Clyde Sugawa, #3 Declaration of Anna Elento-Sneed, #4 Exhibit A, #5 Certificate of Service)(Elento-Sneed, Anna) Modified on 2/22/2021 (emt, ).
February 10, 2021 Filing 171 EP: Video Teleconference(VTC) Status Conference held.Discussion held.Video Teleconference(VTC) settlement conference with Ms. Garcia, Mr. Lapertosa, Ms. Elento-Sneed, Mr. Hara and Mr. Furutani set for March 16, 2021 at 8:30amBMK. The courtroom manager will provide the applicable participants with instructions and information to connect by video prior to the scheduled video conference date.(VTC-No Record / 10a-1030a) (MAGISTRATE JUDGE BARRY M. KURREN)(tl, )
January 21, 2021 Filing 170 EO: A Video Teleconference(VTC) Status Conference has been set for 2/10/2021 at 10:00 AM before MAGISTRATE JUDGE BARRY M. KURREN. The courtroom manager will provide the applicable participants with instructions and information to connect by video prior to the scheduled video conference date. (MAGISTRATE JUDGE BARRY M. KURREN)(tl)
January 19, 2021 Filing 169 EO: At the request of the parties, Magistrate Judge Kurren has agreed to assist the parties with settlement discussions. Magistrate Judge Kurren to schedule a telephone or video conference as appropriate to discuss next steps with the parties. (MAGISTRATE JUDGE ROM TRADER)(laa)
January 19, 2021 Filing 168 EP: CONFIDENTIAL TELEPHONE CONFERENCE held.Discussion had. Parties report discovery ongoing, but hampered by COVID-related challenges which have prevented access to significant number of documents on Maui. While not all parties agree on sequence and timing for settlement discussions, grouping parties and focusing discussions on individual projects seems to be productive structure. Wailea Fairway Villas and certain other Rule 19 defendants may be better situated for early settlement discussions with the government and the design/build defendants.Given complexity of the case, parties do agree settlement process would benefit greatly from the assistance of Magistrate Judge Kurren, if possible. Court to inquire with Magistrate Judge Kurren and inform the parties. (No Record / 9:30 - 10:00 a.m.) (MAGISTRATE JUDGE ROM TRADER)(laa)
January 12, 2021 Filing 167 STATUS REPORT Joint Status Report by United States of America. (Garcia, Michelle)
December 10, 2020 Filing 166 EO: Pursuant to Defendant's #164 Notice of withdraw filed on 12/4/2020, the Court hereby TERMINATES #163 Motion to Dismiss for Failure to State a Claim. (JUDGE LESLIE E. KOBAYASHI) (afe)
December 8, 2020 Filing 165 Return of Service on Subpoena Ralph Rosenberg Court Reporters was served on 12/2/2020 (Lapertosa, Max)
December 4, 2020 Filing 164 NOTICE of Withdrawal of #163 Motion for Judgment on the Pleadings to Dismiss Cross-Claim of Defendant Albert C. Kobayashi, Inc. by Harvey Maxwell K. Kopper on behalf of Napilihau Villages Association of Apartment Owners. (Kopper, Harvey Maxwell) Modified on 12/9/2020 (emt, ).
December 3, 2020 Filing 163 MOTION for Judgment on the Pleadings to Dismiss Cross-Claim of Defendant Albert C. Kobayashi, Inc. to Dismiss for failure to State a Claim of Albert C. Kobayashi, Inc.'s Cross-Claim ; Memorandum in Support of Motion; Declaration of Counsel; Exhibits "1"-"3"; Notice of Hearing and Certificate of Service Harvey Maxwell K. Kopper appearing for Defendant Napilihau Villages Association of Apartment Owners (Kopper, Harvey Maxwell) Modified on 12/3/2020 (emt, ).
December 3, 2020 Filing 162 CERTIFICATE OF SERVICE by United States of America of United States' Subpoena to Rosenberg Court Reporters (Lapertosa, Max)
December 3, 2020 ADVISORY ENTRY. Exhibits Not Attached as Separate PDFS - Please be advised that the exhibits included in Document #163 MOTION for Judgment on the Pleadings to Dismiss Cross-Claim of Defendant Albert C. Kobayashi, Inc. filed by Napilihau Villages Association of Apartment Owners, are comprised of several exhibits and not submitted as separate pdf attachments. See Section 5.0 Exhibits, of the CM/ECF Procedures Guide, for additional instructions on how to file exhibits as separate attachments to the main document. (emt, )
November 25, 2020 Filing 161 CERTIFICATE OF SERVICE by Albert C. Kobayashi, Inc. [Re: Defendant Albert C. Kobayashi, Inc.'s Response to Rule 19 Defendant Napili Villas Hoa, Inc.'s First Request For Production of Docouments, Dated October 6, 2020] (Sneed, Samantha)
November 18, 2020 Filing 160 CERTIFICATE OF SERVICE by Albert C. Kobayashi, Inc. [Re: Defendant Albert C. Kobayashi, Inc.'s Response to Plaintiff United States of America's Second Request For Production of Documents to All Defendants, Dated October 16, 2020] (Sneed, Samantha)
November 17, 2020 Opinion or Order Filing 159 ORDER GRANTING JOINT MOTION TO MODIFY THE RULE 16 SCHEDULING ORDER re #142 , #150 - Signed by MAGISTRATE JUDGE ROM TRADER on 11/17/2020. (emt, )
November 16, 2020 Filing 158 CERTIFICATE OF SERVICE by Napili Villas HOA, Inc. re #138 Certificate of Service Re: Rule 19 Defendant Napili Villas HOA, Inc.'s Response to United States' Second Set of Requests for Production of Documents to All Defendants (Filipovic, Rebecca)
November 16, 2020 Filing 157 CERTIFICATE OF SERVICE by Kahului Town Terrace LP (RE: DEFENDANT KAHULUI TOWN TERRACE LPS RESPONSE TO PLAINTIFF UNITED STATES SECOND SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS TO ALL DEFENDANTS, DATED OCTOBER 16, 2020) (Grable, Paul)
November 16, 2020 Filing 156 CERTIFICATE OF SERVICE by United States of America United States' Responses to Defendant Martin V. Cooper's First Request for Production of Documents (Garcia, Michelle)
November 12, 2020 Filing 155 CERTIFICATE OF SERVICE by Albert C. Kobayashi, Inc. RE DEFENDANT ALBERT C. KOBAYASHI, INC.S RESPONSE TO DEFENDANT MARTIN V. COOPERS FIRST REQUEST FOR PRODUCTION OF DOCUMENTS, DATED OCTOBER 14, 2020 (Sneed, Samantha)
November 12, 2020 Filing 154 CERTIFICATE OF SERVICE by Design Partners, Inc., Michael N. Goshi Certificate of Service re Defendants Design Partners, Inc. and Michael Goshi's Response to Plaintiff's Second Request for Production of Documents (Kuwahara, Arthur)
November 12, 2020 Filing 153 CERTIFICATE OF SERVICE by Martin V. Cooper Regarding Martin V. Coopers Responses and Objections to United States' Second Set of Requests for Production of Documents to All Defendants dated October 16, 2020 (Goto, Frank)
November 10, 2020 Opinion or Order Filing 152 AMENDED RULE 16 SCHEDULING ORDER - Signed by MAGISTRATE JUDGE ROM TRADER on 11/10/2020. (emt, )
November 10, 2020 Filing 151 CERTIFICATE OF SERVICE by Napilihau Villages Association of Apartment Owners NV AOAO's Responses to MVC's 1st RPOD (Kopper, Harvey Maxwell)
November 10, 2020 Filing 150 EP: TELEPHONIC STATUS CONFERENCE held.Marcus Busekrus participated by telephone on behalf of Napilihau Villages Association of Apartment Owners.Discussion had regarding ECF #142 , parties' Joint Motion To Modify the Rule 16 Scheduling Order ("Motion"). Based upon the agreement of all parties and the Court's finding of good cause, the Motion is GRANTED. Trial is CONTINUED from 8/2/2021 to 3/28/2022 before District Judge Kobayashi. All deadlines, including any unexpired deadlines, will be adjusted pursuant to the parties' Motion and consistent with the new trial date. Parties advised that the Court will not entertain any further requests to continue trial or adjust substantive deadlines absent a compelling showing of good cause.Ms. Garcia to submit proposed order no later than 11/17/2020 to Trader_Orders@hid.uscourts.gov. The Confidential Telephone Conference set for 1/19/2021 at 9:30 a.m. before Magistrate Judge Trader remains on calendar. Joint Status Report due by 1/12/2021.Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:1. Dial 1-888-363-4735.2. Enter Access Code (2070326). Amended Rule 16 Scheduling Order to issue.Dates given: Discovery due by 10/7/2021. Dispositive Motions filed by 11/8/2021. Final Pretrial Conference is set for 2/15/2022 at 09:00 AM before MAGISTRATE JUDGE ROM TRADER. Jury Selection/Trial is set for 3/28/2022 at 09:00 AM before JUDGE LESLIE E. KOBAYASHI. Settlement Conference is set for 12/28/2021 at 10:00 AM before MAGISTRATE JUDGE ROM TRADER. Settlement Conference Statements due by 12/21/2021.(ATT / 9:10 - 9:20 a.m.) (MAGISTRATE JUDGE ROM TRADER)(laa)
November 10, 2020 ADVISORY ENTRY. Incorrect Attorney Filer- Please be advised that Documents #148 Certificate of Service and #149 Certificate of Service filed by Napilihau Villages Association of Apartment Owners, was signed by an attorney other than the one identified as the e-filer. The name of the CM/ECF User under whose login and password the document is being electronically filed must correspond to the signature of the attorney signing the CM/ECF filed document. The filing party shall use its discretion should they feel the necessity to re-submit corrected filings. (emt, )
November 6, 2020 Filing 149 CERTIFICATE OF SERVICE by Napilihau Villages Association of Apartment Owners Response to Cooper's 1st RPOD (Kopper, Harvey Maxwell) Modified on 11/10/2020 This document is signed by Marcus A. Busekrus, Esq. (emt, ).
November 6, 2020 Filing 148 CERTIFICATE OF SERVICE by Napilihau Villages Association of Apartment Owners Response to US 2nd RPOD (Kopper, Harvey Maxwell) Modified on 11/10/2020 This document is signed by Marcus A. Busekrus. (emt, ).
November 5, 2020 Filing 147 CERTIFICATE OF SERVICE by Design Partners, Inc., Michael N. Goshi Response to Rule 16 Defendant Napili Villas HOA's Request for Production of Documents to Defendants Design Partners, Inc. and Michael Goshi Dated 10/6/20 (Kuwahara, Arthur)
November 5, 2020 Filing 146 CERTIFICATE OF SERVICE by United States of America of the United States' Answers to Napili Villas HOA's First Requests for Production of Documents (Lapertosa, Max)
November 3, 2020 Filing 145 NOTICE by United States of America Notice of Intent to Disclose Expert Witness United States of America. (Garcia, Michelle)
November 2, 2020 Filing 144 EO: Telephone Status Conference is set for 11/10/2020 at 09:00 AM before MAGISTRATE JUDGE ROM TRADER. This conference will be held telephonically. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:1. Dial 1-888-363-4735.2. Enter Access Code 2070326. (MAGISTRATE JUDGE ROM TRADER)(laa)
November 2, 2020 Filing 143 CERTIFICATE OF SERVICE by Fritz Johnson, Inc., Frederick M. Johnson Response to Plaintiff United States of America's Second Request for Production of Documents (Correia, Michelle)
October 30, 2020 Filing 142 Joint MOTION To Modify the Rule 16 Scheduling Order Michelle Teresa Garcia appearing for Plaintiff United States of America (Garcia, Michelle)
October 26, 2020 Filing 141 CERTIFICATE OF SERVICE by Wailea Fairway Villas Re: Rule 19 Defendant AOAO Wailea Fairway Villas Response to United States Second Set of Requests for Production of Documents to All Defendants Dated October 16, 2020 (Paris, Sharon)
October 20, 2020 Filing 140 EP: CONFIDENTIAL TELEPHONE CONFERENCE held.Michael Goshi also participated by telephone. Discussion had. Parties continue to cooperate and make slow progress regarding discovery despite COVID-related impacts. Given nature and scope of discovery anticipated, however, parties to file motion to adjust dates and deadlines. Rule 19 defendants also request scheduling order be amended to permit Rule 19 defendants to make expert disclosures, if necessary, 60 days after design/build defendants expert disclosures. On 10/5/2020, Government provided draft of proposed remediation plan to Rule 19 defendants. Defendant Napili Villas has responded. Other Rule 19 defendants yet to formally respond. Parties directed to meet and confer concerning the following:1. Response deadline by Rule 19 defendants to Government's draft remediation plan;2. Opt-in or opt-out format for property owners to participate in remediation;3. Adjustments to trial date and deadlines; and4. Request by Rule 19 defendants to provide expert disclosures 60 days after design/build defendants' expert disclosures.Court sets further Confidential Telephone Conference on 1/19/2021 at 9:30 a.m. before MAGISTRATE JUDGE ROM TRADER. Joint Status Report due by 1/12/2021. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:1. Dial 1-888-363-4735.2. Enter Access Code (2070326). (No Record- 9:30 - 10:10 a.n.) (MAGISTRATE JUDGE ROM TRADER)(laa)
October 19, 2020 Filing 139 EO: Dial-in instructions for the Confidential Telephone Conference set for 10/20/2020 at 9:30 a.m. before Magistrate Judge Trader are listed below.Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the hearing.1. Dial 1-888-363-4735.2. Access Code (2070326). (MAGISTRATE JUDGE ROM TRADER)(laa)
October 16, 2020 Filing 138 CERTIFICATE OF SERVICE by United States of America for United States' Second Set of Requests for Production of Documents to All Defendants (Lapertosa, Max)
October 14, 2020 Filing 137 CERTIFICATE OF SERVICE by Martin V. Cooper e: Martin V. Cooper's 1st Request for Production of Documents to Rule 19 Defendant Napilihau Villages Association of Apartment Owners (Goto, Frank)
October 14, 2020 Filing 136 CERTIFICATE OF SERVICE by Martin V. Cooper e: Martin V. Cooper's 1st Request for Production of Documents to Albert C. Kobayashi, Inc. (Goto, Frank)
October 14, 2020 Filing 135 CERTIFICATE OF SERVICE by Martin V. Cooper Re: Martin V. Cooper's 1st Request for Production of Documents to United States of America (Goto, Frank)
October 8, 2020 Filing 134 NOTICE of Appearance by Michelle Kristine Correia on behalf of Fritz Johnson, Inc., Frederick M. Johnson on behalf of Fritz Johnson, Inc., Frederick M. Johnson. (Correia, Michelle)
October 6, 2020 Filing 133 STATUS REPORT Joint Status Report by United States of America. (Garcia, Michelle)
October 6, 2020 Filing 132 CERTIFICATE OF SERVICE by Napili Villas HOA, Inc. Re: Napili Villas 1st Request for Production of Documents to United States of America (Filipovic, Rebecca)
October 6, 2020 Filing 131 CERTIFICATE OF SERVICE by Napili Villas HOA, Inc. Re: Napili Villas 1st Request for Production of Documents to Design Partners, Inc. and Michael N. Goshi (Filipovic, Rebecca)
October 6, 2020 Filing 130 CERTIFICATE OF SERVICE by Napili Villas HOA, Inc. Re: Napili Villas 1st Request for Production of Documents to Albert C. Kobayashi, Inc. (Filipovic, Rebecca)
September 23, 2020 Filing 129 NOTICE of Appearance by Max Lapertosa on behalf of United States of America on behalf of United States of America. (Lapertosa, Max)
July 17, 2020 Filing 128 CERTIFICATE OF SERVICE by Palehua Apartments LP Response to Defendant and Cross Claim Plaintiff Albert C. Kobayashi Inc.'s First Request for Production of Documents (Leong, Kurt)
July 17, 2020 Filing 127 CERTIFICATE OF SERVICE by Napilihau Villages Association of Apartment Owners (Kopper, Harvey Maxwell)
July 17, 2020 Filing 126 CERTIFICATE OF SERVICE by United States of America Re: United States Response to Albert C. Kobayashi, Incs First Request for Production of Documents (Garcia, Michelle)
July 17, 2020 ADVISORY ENTRY. Incorrect Attorney Filer- Please be advised that Document #120 Initial Disclosure filed by Napilihau Villages Association of Apartment Owners, was signed by an attorney other than the one identified as the e-filer. The name of the CM/ECF User under whose login and password the document is being electronically filed must correspond to the signature of the attorney signing the CM/ECF filed document. The filing party shall use its discretion should they feel the necessity to re-submit corrected filings. (emt, )
July 16, 2020 Filing 125 CERTIFICATE OF SERVICE by Napili Villas HOA, Inc. [RE: RULE 19 DEFENDANT NAPILI VILLAS HOA, INC.S RESPONSE TO DEFENDANT ALBERT C. KOBAYASHI INC.S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO RULE 19 DEFENDANT NAPILI VILLAS HOA, INC.] (Filipovic, Rebecca)
July 16, 2020 Filing 124 CERTIFICATE OF SERVICE by Design Partners, Inc., Michael N. Goshi Re: Defendants Design Partners, Inc. and Michael N. Goshi's Response to Defendant Albert C. Kobayashi's First Request for Production of Documents (Kuwahara, Arthur)
July 16, 2020 Filing 123 CERTIFICATE OF SERVICE by Martin V. Cooper Regarding Martin V. Coopers Responses and Objections to Albert C. Kobayashi, Inc.s First Request for Production of Documents to Martin V. Cooper dated June 16, 2020 (Goto, Frank)
July 15, 2020 Filing 122 EP: TELEPHONE CONFERENCE held. Discussion had. By agreement, Government to provide the Court with a copy of the settlement offer previously extended to Defendants. Court directs Defendant Albert C. Kobayashi, Inc. and Government to confer, draft and circulate a proposal identifying options as to settlement process for the parties and Court to consider. Confidential Telephone Conference set for 10/20/2020 at 9:30 a.m. before Magistrate Judge Trader. Courtroom Manager to provide call-in information. Parties to provide a joint status report by 10/06/2020. Court to follow-up separately with parties prior to conference. (Court Reporter No Record.) (MAGISTRATE JUDGE ROM TRADER)(jp)
July 13, 2020 Filing 121 STATUS REPORT Joint Status Report by United States of America. (Garcia, Michelle)
July 13, 2020 Filing 120 INITIAL DISCLOSURE by Napilihau Villages Association of Apartment Owners. (Kopper, Harvey Maxwell) Modified on 7/17/2020 This document is electronically signed by Marcus A. Busekrus, Esq. (emt, ).
July 6, 2020 Filing 119 INITIAL DISCLOSURE by Napili Villas HOA, Inc.. (Attachments: #1 Certificate of Service)(McKeon, William)
July 6, 2020 Filing 118 First Corporate Disclosure Statement by Napili Villas HOA, Inc.. (Attachments: #1 Certificate of Service)(McKeon, William)
July 5, 2020 ADVISORY ENTRY. Incorrect Attorney Filer- Please be advised that Documents #116 Corporate Disclosure Statement and #117 Initial Disclosure filed by Napili Villas HOA, Inc., were signed by an attorney other than the one identified as the e-filer. The name of the CM/ECF User under whose login and password the document is being electronically filed must correspond to the signature of the attorney signing the CM/ECF filed document. The filing party shall use its discretion should they feel the necessity to re-submit corrected filings. (emt, )
June 30, 2020 Filing 117 INITIAL DISCLOSURE by Napili Villas HOA, Inc.. (Attachments: #1 Certificate of Service)(Filipovic, Rebecca) Modified on 7/5/2020 This document is signed by signed by William M. McKeon (emt, ).
June 30, 2020 Filing 116 Corporate Disclosure Statement by Napili Villas HOA, Inc.. (Attachments: #1 Certificate of Service)(Filipovic, Rebecca) Modified on 7/5/2020 This document is signed by signed by William M. McKeon (emt, ).
June 30, 2020 Filing 115 NOTICE of Appearance by Rebecca Oato Filipovic on behalf of Napili Villas HOA, Inc. on behalf of Napili Villas HOA, Inc.. (Attachments: #1 Certificate of Service)(Filipovic, Rebecca) Modified on 7/5/2020 The Certificate of Service is signed by William M. McKeon (emt, ).
June 29, 2020 Opinion or Order Filing 114 WITHDRAWAL AND SUBSTITUTION OF COUNSEL AND ORDER - Signed by JUDGE LESLIE E. KOBAYASHI. Attorney George W. Brandt, Paul R. Grable for Kahului Town Terrace LP added. Attorney Jonathan Akira Kobayashi and Craig K. Shikuma terminated. (emt, )
June 26, 2020 Filing 113 NOTICE of Appearance by Trisha C. Gibo on behalf of Albert C. Kobayashi, Inc. on behalf of Albert C. Kobayashi, Inc.. (Attachments: #1 Certificate of Service)(Gibo, Trisha)
June 16, 2020 Filing 112 CERTIFICATE OF SERVICE by Albert C. Kobayashi, Inc. [Re Defendant Albert C. Kobayashi, Inc.'s First Request for Production of Documents to Plaintiff United States of America] (Elento-Sneed, Anna)
June 16, 2020 Filing 111 CERTIFICATE OF SERVICE by Albert C. Kobayashi, Inc. [Re Defendant, Cross-Claim Plaintiff, and Cross-Claim Defendant Albert C. Kobayashi, Inc.'s First Request for Production of Documents to Defendants, Cross-Claim Defendants, and Cross-Claim Plaintiffs Design Partners, Inc. and Michael N. Goshi] (Elento-Sneed, Anna)
June 16, 2020 Filing 110 CERTIFICATE OF SERVICE by Albert C. Kobayashi, Inc. [Re Defendant and Cross-Claim Defendant Albert C. Kobayashi, Inc.'s First Request for Production of Documents to Rule 19 Defendant and Cross-Claim Plaintiff Palehua Apartments LP] (Elento-Sneed, Anna)
June 16, 2020 Filing 109 CERTIFICATE OF SERVICE by Albert C. Kobayashi, Inc. [Re Defendant, Cross-Claim Plaintiff, and Cross-Claim Defendant Albert C. Kobayashi, Inc.'s First Request for Production of Documents to Rule 19 Defendant, Cross-Claim Defendant, and Cross-Claim Plaintiff Napilihau Villages Association of Apartment Owners] (Elento-Sneed, Anna)
June 16, 2020 Filing 108 CERTIFICATE OF SERVICE by Albert C. Kobayashi, Inc. [Re Defendant Albert C. Kobayashi, Inc.'s First Request for Production of Documents to Rule 19 Defendant Napili Villas Hoa, Inc.] (Elento-Sneed, Anna)
June 16, 2020 Filing 107 CERTIFICATE OF SERVICE by Albert C. Kobayashi, Inc. [Re Defendant, Cross-Claim Plaintiff, and Cross-Claim Defendant Albert C. Kobayashi, Inc.'s First Request for Production of Documents to Defendant, Cross-Claim Defendant, and Cross-Claim Plaintiff Martin V. Cooper] (Elento-Sneed, Anna)
May 21, 2020 Opinion or Order Filing 106 ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL re #82 - Signed by MAGISTRATE JUDGE ROM TRADER on 5/21/2020. Attorney Keith K. Kato and Gregory K. Markham terminated. (emt, )
May 15, 2020 Filing 104 Defendant Martin V. Cooper's ANSWER to #91 Answer to Crossclaim, filed by Rule 19 Defendant/Cross-Defendant Napilihau Villages Association of Apartment Owners, CROSSCLAIM against Napilihau Villages Association of Apartment Owners by Martin V. Cooper. (Attachments: #1 Certificate of Service)(Goto, Frank) Modified on 5/19/2020 (emt, ).
May 14, 2020 Filing 105 EP: MOTION HEARING on [ECF 82] MOTION to Withdraw as Counsel held.The Court having considered the Motion to Withdraw as Counsel [ECF 82], position statements of the parties and appearances previously entered on behalf of Rule 19 Defendants Napilihau Villages AOAO, Napili Villas HOA, Inc., and AOAO Wailea Fairway Villas, the Court finds good cause and GRANTS the Motion. Mr. Markham to prepare and email order to Courts order box at Trader_Orders@hid.uscourts.gov by 05/21/2020. (Court Reporter Debra Read.) (MAGISTRATE JUDGE ROM TRADER)(jp)
May 13, 2020 Filing 103 EO: Court continues the Motion Hearing previously set for 05/14/2020 at 10:00 a.m. to 05/14/2020 at 1:15 p.m. before MAGISTRATE JUDGE ROM TRADER for ECF #82 MOTION to Withdraw as Attorney . This hearing will be held telephonically. Parties are to participate via telephone through our AT&T Service. Call-in information for this hearing is below.Dial in number is 1-888-363-4735.Access Code is 2070326 (MAGISTRATE JUDGE ROM TRADER)(jp)
May 8, 2020 Filing 102 DEFENDANT ALBERT C. KOBAYASHI, INC.'S ANSWER to #91 Rule 19 Defendant Napilihau Villages Association of Apartment Owners' Crossclaim, Against Defendants Albert C. Kobayashi, Inc., Martin V. Cooper, Jane Does 1-10, John Does 1-10, and Doe Corporations 1-20, filed April 17, 2020 by Albert C. Kobayashi, Inc.. (Attachments: #1 Certificate of Service)(Elento-Sneed, Anna) Docket text modified on 5/11/2020 (emt, ).
May 4, 2020 Filing 101 CERTIFICATE OF SERVICE by Albert C. Kobayashi, Inc. re: Response to Plaintiff United States of America's First Request for Production of Documents, Dated March 4, 2020 (Sneed, Samantha)
May 4, 2020 Filing 100 CERTIFICATE OF SERVICE by Albert C. Kobayashi, Inc. re: Answers to Plaintiff United States of America's First Set of Interrogatories, Dated March 4, 2020 (Sneed, Samantha)
May 4, 2020 Filing 99 CERTIFICATE OF SERVICE by Design Partners, Inc., Michael N. Goshi Re Responses to Plaintiff's First Request for Answers to Interrogatories and for Production of Documents (Kuwahara, Arthur)
May 4, 2020 Filing 98 CERTIFICATE OF SERVICE by Fritz Johnson, Inc., Frederick M. Johnson re #69 Certificate of Service Regarding Response to Plaintiff United States of America's First Request for Production of Documents (Colombe, Leroy)
May 4, 2020 Filing 97 CERTIFICATE OF SERVICE by Fritz Johnson, Inc., Frederick M. Johnson re #68 Certificate of Service Regarding Response to Plaintiff United States of America's First Request for Answers to Interrogatories (Colombe, Leroy)
May 4, 2020 Filing 96 CERTIFICATE OF SERVICE by Martin V. Cooper Responses and Objections to United States' First Set of Interrogatories and First Request for Production of Documents to Martin V. Cooper dated March 4, 2020 (Goto, Frank)
April 23, 2020 Filing 95 STATEMENT of No Position re #82 MOTION to Withdraw as Attorney filed by Albert C. Kobayashi, Inc.. (Attachments: #1 Certificate of Service)(Elento-Sneed, Anna)
April 23, 2020 Filing 94 STATEMENT of No Opposition to #82 Motion to Withdraw as Counsel Filed April 6, 2020 filed by Wailea Fairway Villas. (Attachments: #1 Certificate of Service)(Paris, Sharon) Modified on 4/24/2020 to add linkage to underlying motion (emt, ).
April 23, 2020 Filing 93 STATEMENT re #82 MOTION to Withdraw as Attorney Position Statement filed by Napili Villas HOA, Inc.. (Attachments: #1 Certificate of Service)(McKeon, William)
April 17, 2020 Filing 92 Corporate Disclosure Statement by Napilihau Villages Association of Apartment Owners. (Kopper, Harvey Maxwell)
April 17, 2020 Filing 91 ANSWER to #36 Answer to Complaint,, Crossclaim, , CROSSCLAIM against Albert C. Kobayashi, Inc., Martin V. Cooper by Napilihau Villages Association of Apartment Owners.(Kopper, Harvey Maxwell)
April 17, 2020 Opinion or Order Filing 90 STIPULATION FOR EXTENSION OF TIME FOR RULE 19 DEFENDANT/CROSS-CLAIM DEFENDANT NAPILIHAU VILLAGES ASSOCIATION OF APARTMENT OWNERS TO FILE A RESPONSE TO CROSS-CLAIM OF ALBERT C. KOBAYASHI, INC., FILED DECEMBER 20, 2019, ORDER - Signed by MAGISTRATE JUDGE ROM TRADER on 4/17/2020. Napilihau Villages Association of Apartment Owners answer due 4/20/2020. (emt, )
April 16, 2020 Opinion or Order Filing 89 WITHDRAWAL AND SUBSTITUTION OF COUNSEL FOR RULE 19 DEFENDANT/CROSS-CLAIM DEFENDANT NAPILIHAU VILLAGES ASSOCIATION OF APARTMENT OWNERS; ORDER - Signed by MAGISTRATE JUDGE ROM TRADER on 4/16/2020. Attorney Harvey Maxwell K. Kopper for Napilihau Villages Association of Apartment Owners added. Attorney Gregory K. Markham terminated. (emt, )
April 15, 2020 Filing 88 EP: STATUS CONFERENCE held.The following counsel appeared telephonically:Ms. Garcia and Ms. Spector for Plaintiff United States of America.Ms. Elento-Sneed and Ms. Sneed for Defendant Albert C. Kobayashi, Inc. Mr. Goto for Defendant Martin V. Cooper.Mr. Kuwahara for Defendants Design Partners, Inc. and Michael N. Goshi.Mr. Shikuma for Defendant Kahului Town Terrace.Mr. Colombe for Defendants Frederick Johnson Inc. and Fritz Johnson, Inc.Mr. McKeon for Defendant Napili Villa HOA, Inc.Mr. Busekrus and Mr. Kopper for Defendant Napilihau Villages AOAO.Mr. Leong and Mr. Lau for Defendant Pulehau Apartments LP.Neither Mr. Markham nor Mr. Kato appeared for Defendants Napilihau Villages AOAO, Napili Villas HOA, Inc. and AOAO Wailea Fairway Villas.Court discusses Mr. Markhams Motion to Withdraw as Counsel [ECF 82] set for hearing 05/14/2020 at 10:00 a.m. before Magistrate Judge Trader. As at least one party reserves the right to object to the motion, the motion will remain set for hearing. If however, appropriate requests for withdrawal and substitution of counsel are submitted prior to 05/04/2020, the Court intends to vacate said hearing. Status Conference set for 07/15/2020 at 9:30 a.m. before Magistrate Judge Trader. Parties to provide a joint status report concerning the status of discovery and settlement discussion, if any. (Court Reporter No Record.) (MAGISTRATE JUDGE ROM TRADER)(jp)
April 13, 2020 Filing 87 EO: In accordance with the Temporary General Order Regarding District of Hawaii Response to COVID-19 Emergency, issued on 3/23/2020 by Chief District Judge Seabright, until further court order or notice, all proceedings before Magistrate Judge Trader will be conducted by telephone or other electronic means. Call-in information for the status conference set for 04/15/2020 at 9:30 a.m. and Motion's hearing set for 05/14/2020 at 10:00 a.m. for ECF #82 Motion Hearing (MOTION to Withdraw as Attorney) before Magistrate Judge Trader is below. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing. Participants to call in per the instructions below:1. Dial 1-888-363-47352. Enter Access Code (2070326) when prompted followed by the pound (#) sign.3. Message will say "To join the conference as host press star (*) otherwise press pound (#).4. Press pound (#). Message will say "The host has not yet arrived, please standby".5. You will hear "At the tone state your name." You will then be connected to the Conference. (MAGISTRATE JUDGE ROM TRADER)(jp) Modified on 4/13/2020 (jp, ).
April 8, 2020 Filing 86 STATUS REPORT Joint Status Report by United States of America. (Garcia, Michelle)
April 7, 2020 Filing 85 SUPPLEMENTAL re Initial Disclosures by Albert C. Kobayashi, Inc. (Attachments: #1 Certificate of Service)(Elento-Sneed, Anna) Modified on 4/8/2020 (emt, ).
April 7, 2020 Filing 84 EO: Motion Hearing previously set for 05/14/2020 at 9:30 a.m. is rescheduled to 05/14/2020 at 10:00 a.m. before MAGISTRATE JUDGE ROM TRADER for ECF #82 MOTION to Withdraw as Counsel Gregory K. Markham appearing for Defendants Napili Villas HOA, Inc., Napilihau Villages Association of Apartment Owners, Wailea Fairway Villas. (MAGISTRATE JUDGE ROM TRADER)(jp)
April 6, 2020 Filing 83 EO: Motion Hearing is set for 05/14/2020 at 9:30 a.m. before MAGISTRATE JUDGE ROM TRADER. ECF #82 MOTION to Withdraw as Counsel Gregory K. Markham appearing for Defendants Napili Villas HOA, Inc., Napilihau Villages Association of Apartment Owners, Wailea Fairway Villas . (MAGISTRATE JUDGE ROM TRADER)(jp)
April 6, 2020 Filing 82 MOTION to Withdraw as Attorney Gregory K. Markham appearing for Defendants Napili Villas HOA, Inc., Napilihau Villages Association of Apartment Owners, Wailea Fairway Villas (Attachments: #1 Memorandum Memorandum in Support of Motion, #2 Declaration Declaration of Counsel, #3 Certificate of Service Certificate of Service)(Markham, Gregory)
April 3, 2020 ADVISORY ENTRY Please be advised that Document #81 Notice of Appearance filed by Napili Villas HOA, Inc. reflects the appearance of more than one attorney. To ensure that all counsel are properly associated to the docket, it is recommended that each attorney file a Notice of Appearance using his or her own CM/ECF login credentials. (emt, )
April 2, 2020 Filing 81 NOTICE of Appearance by William M. McKeon on behalf of Napili Villas HOA, Inc. on behalf of Napili Villas HOA, Inc.. (Attachments: #1 Certificate of Service Certificate of Service)(McKeon, William)
March 27, 2020 Filing 80 INITIAL DISCLOSURE by Kahului Town Terrace LP. (Shikuma, Craig)
March 24, 2020 Filing 79 INITIAL DISCLOSURE by Albert C. Kobayashi, Inc.. (Attachments: #1 Certificate of Service)(Elento-Sneed, Anna)
March 12, 2020 Filing 78 STIPULATION FOR EXTENSION OF TIME FOR DEFENDANT ALBERT C. KOBAYASHI, INC. TO MAKE ITS INITIAL DISCLOSURES - Signed by MAGISTRATE JUDGE ROM TRADER on 3/12/2020. (emt, )
March 12, 2020 Filing 77 EO: The Stipulation for Extension of Time for Defendant Albert C. Kobayashi, Inc. to Make Its Initial Disclosures, filed on 3/11/20 (ECF No. #71 ), is set aside and stricken from the record because the stipulation does not include Plaintiff's counsel's signature. The parties may resubmit the stipulation for the Court's approval after all appropriate signatures are included. (MAGISTRATE JUDGE ROM TRADER)(jp)
March 12, 2020 Opinion or Order Filing 76 STIPULATED PROTECTIVE ORDER - Signed by MAGISTRATE JUDGE ROM TRADER on 3/12/2020. (emt, )
March 11, 2020 Filing 75 INITIAL DISCLOSURE by Fritz Johnson, Inc., Frederick M. Johnson. (Attachments: #1 Certificate of Service Certificate of Service)(Colombe, Leroy)
March 11, 2020 Filing 74 INITIAL DISCLOSURE by Wailea Fairway Villas. (Attachments: #1 Certificate of Service)(Paris, Sharon)
March 11, 2020 Filing 73 Document withdrawn/stricken pursuant to ECF No. #212 Notice of Withdrawal of Defendant Martin V. Cooper's Statement of Initial Disclosures [Dkt. 73] Filed March 11, 2020: INITIAL DISCLOSURE by Martin V. Cooper. (Attachments: #1 Certificate of Service) (Goto, Frank) Modified on 5/24/2021 (emt, ).
March 11, 2020 Filing 72 INITIAL DISCLOSURE by Design Partners, Inc., Michael N. Goshi. (Attachments: #1 Certificate of Service)(Kuwahara, Arthur)
March 11, 2020 Filing 71 STIPULATION FOR EXTENSION OF TIME FOR DEFENDANT ALBERT C. KOBAYASHI, INC. TO MAKE ITS INITIAL DISCLOSURES - Signed by MAGISTRATE JUDGE ROM TRADER on 3/11/2020. (emt, )
March 5, 2020 Filing 70 CERTIFICATE OF SERVICE by United States of America re #65 Certificate of Service First Request for Production of Documents to Martin V. Cooper (Garcia, Michelle)
March 5, 2020 ADVISORY ENTRY. Please be advised that the incorrect pdf was attached to Document #65 Certificate of Service filed by United States of America. The document attached to this entry is titled "United States' First Request for Production of Documents to Martin V. Cooper". The filing party may refile the Certificate of Service. (emt, )
March 4, 2020 Filing 69 CERTIFICATE OF SERVICE by United States of America First Request for Production of Documents to Fritz Johnson, Inc. and Frederick M. Johnson (Garcia, Michelle)
March 4, 2020 Filing 68 CERTIFICATE OF SERVICE by United States of America First Set of Interrogatories to Fritz Johnson, Inc. and Frederick M. Johnson (Garcia, Michelle)
March 4, 2020 Filing 67 CERTIFICATE OF SERVICE by United States of America First Request for Production of Documents to Design Partners, Inc. and Michael N. Goshi (Garcia, Michelle)
March 4, 2020 Filing 66 CERTIFICATE OF SERVICE by United States of America First Set of Interrogatories to Design Partners, Inc. and Michael N. Goshi (Garcia, Michelle)
March 4, 2020 Filing 65 CERTIFICATE OF SERVICE by United States of America First Request for Production of Documents to Martin V. Cooper by United States of America (Garcia, Michelle) Modified on 3/5/2020 (emt, ).
March 4, 2020 Filing 64 CERTIFICATE OF SERVICE by United States of America First Set of Interrogatories to Martin V. Cooper (Garcia, Michelle)
March 4, 2020 Filing 63 CERTIFICATE OF SERVICE by United States of America First Request for Production of Documents to Albert C. Kobayashi, Inc. (Garcia, Michelle)
March 4, 2020 Filing 62 CERTIFICATE OF SERVICE by United States of America First Set of Interrogatories to Albert C. Kobayashi, Inc. (Garcia, Michelle)
February 11, 2020 Filing 61 ANSWER to #36 Answer to Complaint,, Crossclaim, by Fritz Johnson, Inc., Frederick M. Johnson.(Colombe, Leroy)
February 11, 2020 Opinion or Order Filing 60 RULE 16 SCHEDULING ORDER - Signed by MAGISTRATE JUDGE ROM TRADER on 2/10/2020. (emt, )
February 3, 2020 Filing 59 EP: RULE 16 SCHEDULING CONFERENCE held. (AMENDED)Ms. Elento-Sneed on behalf of Albert C. Kobayashi, Inc. Mr. Goto on behalf of Martin V. CooperMr. Kuwahara on behalf of Design Partners, Inc. and Michael N. GoshiMr. Markham on behalf of Wailea Fairways Villas, Napili Villas, and Napilihau Villages Mr. Major on behalf of Wailea Fairway VillasMr. Shikuma on behalf of Kahului Town TerraceMr. Colombe and Ms. Correia on behalf of Frederick Johnson Inc. and Fritz Johnson, Inc.Mr. Busekrus on behalf of Napilihau VillagesMr. Lau on behalf of Palehau Apartments LPDiscussion had concerning parties request to modify sequence of standard discovery, expert and motions deadlines as well as, the parties request for a later trial setting given the large number for parties and anticipated need for substantial discovery and motions practice. Court discussed status of settlement discussions. Government transmitted settlement proposal to Defendants in November 2019. Defendants evaluating proposal. All parties in agreement to pursue early settlement discussions through private mediation and/or with the Courts assistance. Court reschedules the Status Conference from March 10, 2020 at 9:00 a.m. to April 15, 2020 at 9:30 a.m. before RT. Parties to file a joint status report (no more than 5 pages) by 4/8/20 updating the Court as to the status of discovery, status of settlement discussions and the viability of scheduling an early settlement conference in this matter.Court to issue a Rule 16 Scheduling Conference order. Dates given: Jury Selection/Trial is set for 09:00 AM on 8/2/2021 in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI. Final Pretrial Conference is set for 6/22/2021 09:00 AM in Courtroom 5 before MAGISTRATE JUDGE ROM TRADER. Settlement Conference is set for 5/3/2021 10:00 AM in Courtroom 5 before MAGISTRATE JUDGE ROM TRADER. Confidential Settlement Conference statements due by April 26, 2021. Dispositive Motions filed by 3/3/2021. Discovery due by 1/4/2021. (Court Reporter No Record.) (MAGISTRATE JUDGE ROM TRADER)(jp)
February 3, 2020 Filing 58 EP: RULE 16 SCHEDULING CONFERENCE held.Ms. Elento-Sneed on behalf of Albert C. Kobayoshi, Inc. Mr. Goto on behalf of Martin V. Cooper Mr. Kuwahara on behalf of Design Partners, Inc. and Michael N. Goshi Mr. Markham on behalf of Wailea Fairways Villas, Napili Villas, and Napilihau Villages Mr. Major on behalf of Wailea Fairway Villas Mr. Shikuma on behalf of Kahului Town Terrace Mr. Colombe and Ms. Correia on behalf of Frederick Johnson Inc. and Fritz Johnson, Inc.Mr. Busekrus on behalf of Napilihau Villages Mr. Lau on behalf of Palehau Apartments LP Court sets trial date on an extended 18-month timeline based on the number of parties involved along with the complexity and volume of discovery. Parties had no objections.Status Conference scheduled for March 10, 2020 at 9:00 a.m. before RT. Parties may participate by phone. Counsel to submit joint report to convey status of settlement discussions and the production of information. Report shall not exceed five pages. Court to issue a Rule 16 Scheduling Conference order. Dates given: Jury Selection/Trial is set for 9:00 a.m. on 08/02/2021 in Aha Nonoi before JUDGE LESLIE E. KOBAYASHI.Status Conference is set for 03/10/2020 at 9:00 a.m. in Courtroom 5 before MAGISTRATE JUDGE ROM TRADER. Final Pretrial Conference is set for 06/22/2021 at 9:00 a.m. in Courtroom 5 before MAGISTRATE JUDGE ROM TRADER. Settlement Conference is set for 05/03/2021 at 10:00 a.m. in Courtroom 5 before MAGISTRATE JUDGE ROM TRADER. Dispositive Motions filed by 03/03/2021. Discovery due by 01/04/2021. (Court Reporter No Record.) (MAGISTRATE JUDGE ROM TRADER)(jp)
January 27, 2020 Filing 57 Rule 19 Defendants Napilihau Villas AOAO and Napili Villas AOAO Scheduling Conference Statement . (Markham, Gregory) Modified on 1/28/2020 (emt, ).
January 27, 2020 Filing 56 Scheduling Conference Statement (Defendant Albert C. Kobayashi, Inc.). (Attachments: #1 Certificate of Service)(Elento-Sneed, Anna)
January 27, 2020 Filing 55 Scheduling Conference Statement for Rule 19 Defendant Kahului Town Terrace LP. (Attachments: #1 Certificate of Service)(Shikuma, Craig)
January 27, 2020 Filing 54 Scheduling Conference Statement (Defendants Fritz Johnson and Frederick M. Johnson). (Attachments: #1 Certificate of Service Certificate of Service)(Colombe, Leroy)
January 27, 2020 Filing 53 Scheduling Conference Statement Rule 19 Defendant AOAO Wailea Fairway Villas' Scheduling Conference Statement. (Attachments: #1 Certificate of Service)(Major, David)
January 27, 2020 Filing 52 Scheduling Conference Statement (Rule 16 Defendant Martin V. Cooper).. (Attachments: #1 Certificate of Service)(Goto, Frank)
January 27, 2020 Filing 51 Scheduling Conference Statement for Defendants Design Partners, Inc. and Michael N. Goshi. (Kuwahara, Arthur)
January 27, 2020 Filing 50 Scheduling Conference Statement (Rule 19 Defendant Palehua Apartments LP). (Leong, Kurt)
January 27, 2020 Filing 49 Scheduling Conference Statement by Plaintiff United States. (Garcia, Michelle)
January 24, 2020 Filing 48 CERTIFICATE OF SERVICE by United States of America Rule 26(a) Initial Disclosures (Garcia, Michelle)
January 24, 2020 Filing 47 REPORT of Planning Meeting Joint Rule 26(f) Report. (Attachments: #1 Exhibit Joint Rule 26(f) Report Exhibit A)(Garcia, Michelle)
January 17, 2020 Filing 46 Defendant Albert C. Kobayashi, Inc.'s ANSWER to #41 Answer to Complaint,, Crossclaim, by Albert C. Kobayashi, Inc.. (Attachments: #1 Certificate of Service)(Elento-Sneed, Anna)
January 17, 2020 Filing 45 Defendant Albert C. Kobayashi, Inc.'s ANSWER to #39 Crossclaim,,, by Albert C. Kobayashi, Inc.. (Attachments: #1 Certificate of Service)(Elento-Sneed, Anna)
January 10, 2020 Filing 44 ANSWER to #36 Answer to Complaint,, Crossclaim, Crossclaim filed by Albert C. Kobayashi, Inc., et al.., by Design Partners, Inc., Michael N. Goshi. (Attachments: #1 Certificate of Service)(Kuwahara, Arthur)
January 10, 2020 Filing 43 ANSWER to #36 Answer to Complaint,, Crossclaim, Cross-Claim filed by Albert C. Kobayashi, Inc. on 12/20/19 by Martin V. Cooper. (Attachments: #1 Certificate of Service)(Goto, Frank)
January 6, 2020 Filing 42 ANSWER to #32 Answer to Complaint,, Crossclaim, Crossclaim by Albert C. Kobayashi, Inc.. (Attachments: #1 Certificate of Service)(Elento-Sneed, Anna)
December 30, 2019 Filing 41 Defendant Martin V. Cooper's ANSWER to #1 Complaint filed September 30, 2019, CROSSCLAIM against Albert C. Kobayashi, Inc. by Martin V. Cooper. (Attachments: #1 Defendant Martin V. Cooper's Cross-Claim Against Defendants Albert C. Kobayashi, Inc., Jane Does 1-10, John Does 1-10, and Doe Corporations 1-20, #2 Certificate of Service)(Goto, Frank)
December 27, 2019 Filing 40 Corporate Disclosure Statement by Design Partners, Inc.. (Attachments: #1 Certificate of Service)(Kuwahara, Arthur)
December 27, 2019 Filing 39 Defendants Design Partners, Inc. and Michael N. Goshi's CROSS-CLAIM against Albert C. Kobayashi, Inc., Jane Does 1-10, John Does 1-10, and Doe Corporations 1-20 CROSSCLAIM against Albert C. Kobayashi, Inc., filed by Design Partners, Inc., Michael N. Goshi. (Attachments: #1 Certificate of Service)(Kuwahara, Arthur) Modified on 12/29/2019 to remove duplicate parties (emt, ).
December 27, 2019 Filing 38 ANSWER to #1 Complaint by Design Partners, Inc., Michael N. Goshi. (Attachments: #1 Certificate of Service)(Kuwahara, Arthur)
December 20, 2019 Filing 37 Corporate Disclosure Statement by Albert C. Kobayashi, Inc.. (Attachments: #1 Certificate of Service)(Elento-Sneed, Anna)
December 20, 2019 Filing 36 ANSWER to Complaint filed September 30, 2019, CROSS-CLAIM against Martin V. Cooper, Design Partners, Inc., Fritz Johnson, Inc., Michael N. Goshi, Frederick M. Johnson, Napilihau Villages Association of Apartment Owners, Jane Does 1-10, John Does 1-10, Doe Corporations 1-20 by Albert C. Kobayashi, Inc.. (Attachments: #1 Cross-Claim, #2 Certificate of Service)(Elento-Sneed, Anna) Modified on 12/23/2019 (emt, ).
December 18, 2019 Filing 35 Corporate Disclosure Statement by Kahului Town Terrace LP. (Kobayashi, Jonathan)
December 17, 2019 Filing 34 FIRST STIPULATION FOR EXTENSION OF TIME FOR DEFENDANT MARTIN V. COOPER TO FILE A RESPONSE TO COMPLAINT FILED SEPTEMBER 30, 2019 - Signed by JUDGE LESLIE E. KOBAYASHI on 12/17/2019. Martin V. Cooper answer due 12/30/2019. (emt, )
December 17, 2019 ADVISORY ENTRY. Please be advised that the entry docket number #31 Notice of Appearance, filed by Martin V. Cooper reflects the appearance two attorneys. To ensure that each attorney is properly associated to the case, it is recommended that individual Notices of Appearance be filed by each attorney using their own CM/ECF login credentials. (emt, )
December 16, 2019 Filing 33 Corporate Disclosure Statement by Palehua Apartments LP identifying Other Affiliate Palehua Terrace, LLC, Other Affiliate Finance Realty, Ltd. for Palehua Apartments LP.. (Leong, Kurt)
December 16, 2019 Filing 32 Rule 19 Defendant Palehua Apartments LP's ANSWER to #1 Complaint , CROSS-CLAIM against Albert C. Kobayashi, Inc., Fritz Johnson, Inc., Frederick M. Johnson by Palehua Apartments LP.(Leong, Kurt) Modified on 12/17/2019 (emt, ).
December 16, 2019 Filing 31 NOTICE of Appearance by Frank K. Goto, Jr (and Jane Kwan) on behalf of Martin V. Cooper on behalf of Martin V. Cooper. (Attachments: #1 Certificate of Service)(Goto, Frank) Modified on 12/17/2019 (emt, ).
December 13, 2019 Filing 30 Rule 19 Defendant Kahului Town Terrace LP's ANSWER to #1 Complaint filed September 30, 2019 by Kahului Town Terrace LP.(Kobayashi, Jonathan)
December 13, 2019 Filing 29 NOTICE of Appearance by Jonathan Akira Kobayashi on behalf of Kahului Town Terrace LP on behalf of Kahului Town Terrace LP. (Kobayashi, Jonathan)
December 3, 2019 Filing 28 RULE 19 DEFENDANT ANSWER to #1 Complaint FILED SEPTEMBER 30, 2019 by Napili Villas HOA, Inc., Napilihau Villages Association of Apartment Owners.(Markham, Gregory)
December 3, 2019 Filing 27 ANSWER to #1 Complaint by Wailea Fairway Villas. (Attachments: #1 Certificate of Service)(Paris, Sharon)
December 2, 2019 Filing 26 STIPULATION FOR EXTENSION OF TIME FOR DEFENDANT ALBERT C. KOBAYASHI, INC. TO FILE A RESPONSE TO COMPLAINT FILED SEPTEMBER 30, 2019 - Signed by JUDGE LESLIE E. KOBAYASHI. Albert C. Kobayashi, Inc. answer due 12/20/2019. (emt, )
December 2, 2019 Filing 25 Corporate Disclosure Statement by Fritz Johnson, Inc.. (Attachments: #1 Certificate of Service)(Colombe, Leroy)
December 2, 2019 Filing 24 Fritz Johnson, Inc. and Frederick M. Johnson's ANSWER to #1 Complaint by Fritz Johnson, Inc., Frederick M. Johnson. (Attachments: #1 Certificate of Service)(Colombe, Leroy)
November 26, 2019 ADVISORY ENTRY . Please be advised that the Notices of Appearance, ECF Nos. #19 filed by Napili Villas HOA, Inc., Wailea Fairway Villas, Napilihau Villages Association of Apartment Owners and #23 filed by Kahului Town Terrace LP reflect the appearance of multiple attorneys. To ensure that each attorney is property associated to the case, it is recommended that individual Notices of Appearance be filed by each attorney using their own CM/ECF login credentials. (emt, )
November 25, 2019 Filing 23 NOTICE of Appearance by Craig K. Shikuma (Craig K. Shikuma and Jonathan A. Kobayashi) on behalf of Kahului Town Terrace LP on behalf of Kahului Town Terrace LP. (Attachments: #1 Certificate of Service)(Shikuma, Craig) Modified on 11/26/2019 (emt, ).
November 20, 2019 Filing 22 NOTICE of Appearance by Leroy E. Colombe on behalf of Fritz Johnson, Inc. and Frederick M. Johnson on behalf of Fritz Johnson, Inc.. (Colombe, Leroy) Modified on 11/21/2019 (emt, ).
November 15, 2019 Filing 21 EO: On 11/6/19, Bays Lung Rose & Holma filed a notice of appearance of counsel (ECF No. 17) for Defendant Association of Apartment Owners of Wailea Fairway Villas ("Defendant"). On 11/12/19, attorneys of record for Defendant, Ekimoto & Morris, LLC ("Counsel"), filed a Notice of Withdrawal of Counsel (ECF No. 20). The Court finds that good cause exists and approves the withdrawal of counsel pursuant to LR83.5 (ECF No. 20). re #20 Notice (Other), #17 Notice of Appearance. (MAGISTRATE JUDGE ROM TRADER)(tbf, )
November 13, 2019 ADVISORY ENTRY. 12.16 Submission of Proposed Orders: Please be advised that docket number #20 Notice of Withdrawal of Counsel filed by Wailea Fairway Villas requires court approval. If the filing party has not already done so, please email the document in word format to Magistrate Judge Rom Trader at trader_orders@hid.uscourts.gov. See Section 10.4 - Emailing of Proposed Orders and Stipulations to Chambers, of the CM/ECF Procedures Guide for further guidance. The Guide is available on the Court's website at www.hid.uscourts.gov. (emt, )
November 12, 2019 Filing 20 NOTICE by Wailea Fairway Villas Notice of Withdrawal of Counsel Wailea Fairway Villas. (Attachments: #1 Certificate of Service)(Kim, Bruce)
November 12, 2019 Filing 19 NOTICE of Appearance by Gregory K. Markham (Gregory K. Markham and Keith K. Kato) on behalf of Napili Villas HOA, Inc., Napilihau Villages Association of Apartment Owners, Wailea Fairway Villas on behalf of Napili Villas HOA, Inc., Napilihau Villages Association of Apartment Owners, Wailea Fairway Villas. (Markham, Gregory) Modified on 11/26/2019 (emt, ).
November 7, 2019 Filing 18 EO: Pursuant to Plaintiffs' request, and by agreement of counsel, the Rule 16 Scheduling Conference set for 12/2/19 @ 9:00 AM is continued to 2/3/2020 @ 9:00 AM before MAGISTRATE JUDGE ROM TRADER. Rule 16 Scheduling Conference statements to be filed by 1/27/20. (MAGISTRATE JUDGE ROM TRADER)(tbf, )
November 6, 2019 Filing 17 NOTICE of Appearance by Sharon Paris on behalf of Wailea Fairway Villas on behalf of Wailea Fairway Villas. (Attachments: #1 Certificate of Service)(Paris, Sharon)
November 4, 2019 Filing 16 WAIVER OF SERVICE Returned Executed by United States of America. Napili Villas HOA, Inc. waiver sent on 10/4/2019, answer due 12/3/2019. (Garcia, Michelle)
November 4, 2019 Filing 15 WAIVER OF SERVICE Returned Executed by United States of America. Wailea Fairway Villas waiver sent on 10/4/2019, answer due 12/3/2019. (Garcia, Michelle)
November 4, 2019 Filing 14 WAIVER OF SERVICE Returned Executed by United States of America. Michael N. Goshi waiver sent on 10/30/2019, answer due 12/30/2019. (Garcia, Michelle)
November 4, 2019 Filing 13 WAIVER OF SERVICE Returned Executed by United States of America. Design Partners, Inc. waiver sent on 10/30/2019, answer due 12/30/2019. (Garcia, Michelle)
October 28, 2019 Filing 12 WAIVER OF SERVICE Returned Executed by United States of America. Napilihau Villages Association of Apartment Owners waiver sent on 10/4/2019, answer due 12/3/2019. (Garcia, Michelle)
October 28, 2019 Filing 11 WAIVER OF SERVICE Returned Executed by United States of America. Frederick M. Johnson waiver sent on 10/2/2019, answer due 12/2/2019. (Garcia, Michelle)
October 28, 2019 Filing 10 WAIVER OF SERVICE Returned Executed by United States of America. Fritz Johnson, Inc. waiver sent on 10/2/2019, answer due 12/2/2019. (Garcia, Michelle)
October 28, 2019 Filing 9 WAIVER OF SERVICE Returned Executed by United States of America. Kahului Town Terrace LP waiver sent on 10/14/2019, answer due 12/13/2019. (Garcia, Michelle)
October 24, 2019 Filing 8 WAIVER OF SERVICE Returned Executed by United States of America. Palehua Apartments LP waiver sent on 10/16/2019, answer due 12/16/2019. (Garcia, Michelle)
October 24, 2019 Filing 7 WAIVER OF SERVICE Returned Executed by United States of America. Albert C. Kobayashi, Inc. waiver sent on 10/2/2019, answer due 12/2/2019. (Garcia, Michelle)
October 7, 2019 Filing 6 Summons Issued as to Martin V. Cooper. (emt, )
October 7, 2019 Filing 5 Summons (Proposed) (Garcia, Michelle)
October 1, 2019 Filing 4 CIVIL Waiver of Service Packet ~ Notice to Parties Regarding Service Pursuant to Rule 4 of the Federal Rules of Civil Procedure. (Attachments: #1 AO 398 Notice of Lawsuit and Request to Waive Service of Summons, #2 AO 399 Waiver of Service of Summons) (emt, )
October 1, 2019 Opinion or Order Filing 3 Order Setting Rule 16 Scheduling Conference is set for 09:00AM on 12/2/2019 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 10/1/2019. (Attachments: #1 Memo from Clerk Re: Corporate Disclosure Statements) ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER AND MEMO RE: CORPORATE DISCLOSURES MUST BE SERVED WITH THE DOCUMENT. (emt, )
October 1, 2019 Filing 2 NOTICE of Case Assignment: Please reflect Civil case number CV 19-00531 LEK-RT on all further pleadings. (emt, )
September 30, 2019 Filing 1 COMPLAINT against All Defendants, filed by United States of America. (Attachments: #1 Civil Cover Sheet)(Garcia, Michelle)

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Search for this case: United States of America v. Albert C. Kobayashi, Inc. et al
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Defendant: Palehua Apartments LP
Represented By: Kurt K. Leong
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Defendant: Wailea Fairway Villas
Represented By: Gregory K. Markham
Represented By: Sharon Paris
Represented By: David R. Major
Represented By: Bruce Byron Kim
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Defendant: Kahului Town Terrace L.P.
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Defendant: Design Partners, Inc.
Represented By: Arthur H. Kuwahara
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Defendant: Napili Villas HOA, Inc.
Represented By: Gregory K. Markham
Represented By: William M. McKeon
Represented By: Keith K. Kato
Represented By: Rebecca Oato Filipovic
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Defendant: Michael N Goshi
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Defendant: Albert C. Kobayashi, Inc.
Represented By: Anna M. Elento-Sneed
Represented By: Trisha C. Gibo
Represented By: Leighton M. Hara
Represented By: Miles B. Furutani
Represented By: Samantha M. Sneed
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Defendant: Fritz Johnson, Inc.
Represented By: Leroy E. Colombe
Represented By: Jason W. Jutz
Represented By: Michelle K Correia
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Defendant: Mr Martin V Cooper
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Defendant: Napilihau Villages Association of Apartment Owners
Represented By: Gregory K. Markham
Represented By: Harvey Maxwell K. Kopper
Represented By: Christian Kamau
Represented By: Jason K. Adaniya
Represented By: Keith K. Kato
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Defendant: Frederick M Johnson
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Defendant: Michael N. Goshi
Represented By: Arthur H. Kuwahara
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Defendant: Martin V. Cooper
Represented By: Frank K. Goto, Jr.
Represented By: Jane Kwan
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Defendant: Kahului Town Terrace LP
Represented By: Craig K. Shikuma
Represented By: George W. Brandt
Represented By: Jonathan Akira Kobayashi
Represented By: Paul R. Grable
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Defendant: Frederick M. Johnson
Represented By: Leroy E. Colombe
Represented By: Jason W. Jutz
Represented By: Michelle K Correia
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Defendant: AOAO Wailea Fairway Villas
Represented By: Matthew C. Shannon
Represented By: Sharon Paris
Represented By: Bruce Byron Kim
Represented By: David R. Major
Represented By: Gregory K. Markham
Represented By: Keith K. Kato
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Defendant: Stanford Carr Development, LLC
Represented By: William Meheula
Represented By: D. Kaena Horowitz
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Defendant: SCD Wailea Fairways, LLC
Represented By: William Meheula
Represented By: D. Kaena Horowitz
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Defendant: Sato & Associates, Inc.
Represented By: Frank K. Goto, Jr.
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Defendant: Ronald M. Fukumoto Engineering, Inc.
Represented By: Frank K. Goto, Jr.
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Defendant: Rojac Construction Inc.
Represented By: Anna H. Oshiro
Represented By: David H. Abitbol
Represented By: Nicholas Koukala Ernst
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Defendant: Delta Construction Corporation
Represented By: David A. Nakashima
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Defendant: Warren S. Unemori Engineering, Inc.
Represented By: Bennett James Chin
Represented By: Sabrina M. Kawana
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Defendant: GYA Architects, Inc.
Represented By: Bennett James Chin
Represented By: Sabrina M. Kawana
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Defendant: Goodfellow Bros. LLC
Represented By: Richard M. Rand
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Plaintiff: United States of America
Represented By: Sydney Spector
Represented By: Michelle Teresa Garcia
Represented By: Max Lapertosa
Represented By: Harry Yee
Represented By: Nathan Shulock
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Cross defendant: Jane Does 1-10
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Cross defendant: John Does 1-10
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Cross defendant: Doe Corporations 1-20
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Cross defendant: Does Corporations 1-20
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