Baskin v. EC PAIA LLC
| Michael S. Baskin, Paia Bay Properties LLC, Seashore Properties LLC, Paia Park, LLC and Paia Properties, LLC |
| EC PAIA LLC, Doe Corporations 1-100, John Does 1-100, Jane Does 1-100, Doe Partnerships 1-100 and Doe Entities 1-100 |
| RORY FRAMPTON and RORY FRAMPTON CONSULTING, INC. |
| 1:2020cv00216 |
| May 11, 2020 |
| US District Court for the District of Hawaii |
| WES REBER PORTER |
| Contract: Other |
| 28 U.S.C. § 1441 Petition For Removal--Other Contract |
| None |
Docket Report
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Filing 249
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT EC PAIA, LLC'S MOTION FOR ATTORNEYS' FEES AND RELATED COSTS re: #231 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 11/15/2022. Based on the foregoing, the Court AWARDS Defendant EC Paia LLC $217,908.47 in attorneys' fees, costs, and taxes. (jo)
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| Filing 248 Attorney Appeal Packet re #242 Notice of Appeal, filed by Paia Park, LLC, Paia Bay Properties LLC, Seashore Properties LLC, Paia Properties, LLC, Michael S. Baskin; USCA No. 22-16699 (Attachments: #1 Notice of Appeal, #2 District Court Instructions for Civil Appeals, #3 Docket Sheet)(jni) |
| Filing 247 USCA Scheduling Order as to #242 Notice of Appeal, filed by Paia Park, LLC, Paia Bay Properties LLC, Seashore Properties LLC, Paia Properties, LLC, Michael S. Baskin; USCA No. 22-16699 (Attachments: #1 Notice to all Parties and Counsel, #2 Mediation Letter)(jni) |
| Filing 246 USCA Case Number 22-16699 for #242 Notice of Appeal, filed by Paia Park, LLC, Paia Bay Properties LLC, Seashore Properties LLC, Paia Properties, LLC, Michael S. Baskin. (jni) |
| Filing 245 TRANSCRIPT Designation and Ordering Form by Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC for proceedings held on 8/12/2021 before Judge WES REBER PORTER, (Revere, Terrance) |
| Filing 244 TRANSCRIPT Designation and Ordering Form by Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC for proceedings held on 11/16/2021, 11/17/2021, 11/18/2021 before Judge WES REBER PORTER, (Revere, Terrance) |
| Filing 243 TRANSCRIPT Designation and Ordering Form by Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC for proceedings held on 11/16/2021, 11/17/2021, 11/18/2021 before Judge WES REBER PORTER, re #235 Notice of Appeal, #237 USCA Scheduling Order, #238 Attorney Appeal Packet, #236 USCA Case Number Transcript due by 12/12/2022. (Revere, Terrance) |
| Filing 242 NOTICE OF APPEAL as to #232 Order on Motion for Reconsideration by Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC; USCA No. 22-16699. Filing fee $ 505, receipt number AHIDC-2757964. Appeal Record due by 12/27/2022. (Revere, Terrance) Modified on 10/31/2022 (jni) |
| Filing 241 REPLY re #231 MOTION for Attorney Fees Defendant EC Paia LLC's Motion for Award of Attorneys' Fees and Related Costs; Memorandum in Support; Declaration of Lisa K. Swartzfager; Exhibits 1-7; Certificate of Word Count; Certificate of Service Defendant EC Paia LLC's Reply Memorandum in Support of Motion for Award of Attorneys' Fees and Related Costs; Declaration of Calvert G. Chipchase; Declaration of Lisa K. Swartzfager; Declaration of Lindsay N. McAneeley; Declarataion of Christine Nowland; Exhibit 8; Certificate of Word Count; Certificate of Service filed by EC PAIA LLC. (Attachments: #1 Declaration of Calvert G. Chipchase, #2 Declaration of Lisa K. Swartzfager, #3 Declaration of Lindsay N. McAneeley, #4 Declaration of Christine Nowland, #5 Exhibit 8, #6 Certificate of Word Count, #7 Certificate of Service)(Swartzfager, Lisa) |
| Filing 240 TRANSCRIPT Designation and Ordering Form by Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC for proceedings held on 8/12/2021 before Judge WES REBER PORTER, re #235 Notice of Appeal, #237 USCA Scheduling Order, #238 Attorney Appeal Packet, #236 USCA Case Number Transcript due by 12/12/2022. (Revere, Terrance) |
| Filing 239 TRANSCRIPT Designation and Ordering Form by Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC for proceedings held on 11/16/2021, 11/17/2021, 11/18/2021 before Judge WES REBER PORTER, re #235 Notice of Appeal, #237 USCA Scheduling Order, #238 Attorney Appeal Packet, #236 USCA Case Number Transcript due by 12/12/2022. (Revere, Terrance) |
| Filing 238 Attorney Appeal Packet re #235 Notice of Appeal, filed by Paia Park, LLC, Paia Bay Properties LLC, Seashore Properties LLC, Paia Properties, LLC, Michael S. Baskin; USCA NO. 22-16588. (Attachments: #1 Notice of Appeal, #2 District Court Instructions for Civil Appeals, #3 Docket Sheet)(jni) |
| Filing 237 USCA Scheduling Order as to #235 Notice of Appeal, filed by Paia Park, LLC, Paia Bay Properties LLC, Seashore Properties LLC, Paia Properties, LLC, Michael S. Baskin; USCA NO. 22-16588. (Attachments: #1 Notice to all Parties and Counsel, #2 Mediation Letter, #3 Mediation Questionnaire)(jni) |
| Filing 236 USCA Case Number 22-16588 for #235 Notice of Appeal, filed by Paia Park, LLC, Paia Bay Properties LLC, Seashore Properties LLC, Paia Properties, LLC, Michael S. Baskin. (jni) |
| Filing 235 NOTICE OF APPEAL as to #229 Clerk's Judgment by Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC; USCA No. 22-16588. Filing fee $ 505, receipt number AHIDC-2751222. Appeal Record due by 11/14/2022. (Revere, Terrance) Modified on 10/13/2022 (jni) Modified on 10/14/2022 (jni) |
| Filing 234 MEMORANDUM in Opposition re #231 MOTION for Attorney Fees Defendant EC Paia LLC's Motion for Award of Attorneys' Fees and Related Costs; Memorandum in Support; Declaration of Lisa K. Swartzfager; Exhibits 1-7; Certificate of Word Count; Certificate of Service filed by Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC. (Attachments: #1 Certificate of Service)(Revere, Terrance) |
| Filing 233 TRANSCRIPT of Proceedings held on 8/12/2021, before Judge Porter. Court Reporter/Transcriber - Jessica Cahill, Telephone number - (808)298-8633, Email Address - maukele@hawaii.rr.com. PP. - 49 90-Day Transcript Restriction: PACER access to filed transcripts is restricted for 90 days from the file date to permit redaction of personal identifiers. Citations to restricted transcripts in filed documents must be limited to those portions of the proceedings that are relevant and in need of judicial review. Attaching restricted transcripts, in their entirety, to filed documents should be limited to situations with specific need. Transcript may be viewed at the court public terminal or ordered through the Court Reporter before the deadline for Release of Transcript. Redaction Request due 10/24/2022. Redacted Transcript Deadline set for 11/2/2022. Release of Transcript Restriction set for 1/3/2023. (Cahill, Jesscia) |
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Filing 232
ORDER DENYING PLAINTIFFS' MOTION FOR RECONSIDERATION re: #225 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 9/27/2022. (jo)
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| Filing 231 MOTION for Attorney Fees Defendant EC Paia LLC's Motion for Award of Attorneys' Fees and Related Costs; Memorandum in Support; Declaration of Lisa K. Swartzfager; Exhibits 1-7; Certificate of Word Count; Certificate of Service Lisa Katherine Swartzfager appearing for Defendant EC PAIA LLC (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Lisa K. Swartzfager, #3 Exhibit 1, #4 Exhibit 1a, #5 Exhibit 1b, #6 Exhibit 2, #7 Exhibit 3, #8 Exhibit 4, #9 Exhibit 5, #10 Exhibit 6, #11 Exhibit 7, #12 Certificate of Word Count, #13 Certificate of Service)(Swartzfager, Lisa) |
| Filing 230 MEMORANDUM in Opposition re #225 MOTION for Reconsideration re #224 Order on Motion for Attorney Fees,,, EC Paia LLC's Opposition to Plaintiffs' Motion for Reconsideration of the Order Granting EC Paia, LLC's Motion for Entitlement to Attorneys' Fees and Costs, dated August 26, 2022 [Dkt. 224], filed September 8, 2022 [Dkt. 225]; Certificate of Service filed by EC PAIA LLC. (Attachments: #1 Certificate of Service)(Swartzfager, Lisa) |
| Filing 229 CLERK'S AMENDED JUDGMENT pursuant to ECF 228 Entering Order This Corrected Judgment replaces the Judgment entered on April 13, 2022 [ECF No. #195 ]. (jo) |
| Filing 228 EO: Pursuant to the Ninth Circuit's #227 Order granting a limited remand to enable this Court to consider Defendant EC Paia, LLC's #199 Request Pursuant to Federal Rule of Civil Procedure 58(d) for Entry of Judgment in Favor of EC Paia LLC as to Plaintiffs' Claims ("Request"), the Court GRANTS the Request for the reasons stated in its #222 ORDER ISSUING INDICATIVE RULING ON MOTION FOR RELIEF FROM JUDGMENT UNDER RULE 60(A) and DIRECTS the Clerk to enter a corrected judgment stating as follows: On August 31, 2020, the Court issued an Order Granting in Part and Denying in Part Defendant's Motion for Partial Dismissal of the Complaint [ECF No. 26]. On November 13, 2020, the Court issued an Order Granting in Part and Denying in Part Defendant's Motion for Partial Dismissal of the First Amended Complaint [ECF No. 41]. On August 27, 2021, the Court issued an Order Granting in Part and Denying in Part Defendant's Motion for Summary Judgment [ECF No. 96]. Following a bench trial, the Court issued its Findings of Fact and Conclusions of Law in favor of Defendant on February 14, 2022 [ECF No. 185]. The Court therefore ORDERS, ADJUDGES, AND DECREES that JUDGMENT is entered in favor of Defendant and against Plaintiffs as to Plaintiffs' claims in this action. On April 13, 2022, the Court issued an Order Granting Plaintiffs/Counterclaim Defendants' Motion for Summary Judgment [ECF No. 194]. The Court therefore ORDERS, ADJUDGES, AND DECREES that JUDGMENT is entered in favor of Plaintiffs and against Defendant as to Defendant's counterclaims in this action. This Corrected Judgment replaces the Judgment entered on April 13, 2022 [ECF No. 195]. (MAGISTRATE JUDGE WES REBER PORTER) (jo) |
| Filing 226 EO: The Court directs Defendant to file a response to Plaintiffs' #225 Motion for Reconsideration by no later than September 22, 2022. No further briefing will be allowed without leave of court. (MAGISTRATE JUDGE WES REBER PORTER)(jp) |
| Filing 225 MOTION for Reconsideration re #224 Order on Motion for Attorney Fees,,, Terrance M. Revere appearing for Counter Defendants Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC, Plaintiffs Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC (Attachments: #1 Exhibit 1, #2 Certificate of Service)(Revere, Terrance) |
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Filing 227
ORDER of USCA as to #214 Notice of Appeal, filed by Paia Park, LLC, Paia Bay Properties LLC, Seashore Properties LLC, Paia Properties, LLC, Michael S. Baskin; USCA NO. 22-16006, #208 Notice of Appeal, filed by EC PAIA LLC; USCA No. 22-15883: The unopposed motion to consolidate these appeals (Docket Entry No. 5 in 22-15883; Docket Entry No. 5 in 22-16006) is granted. Appeal Nos. 22-15883 and 22-16006 are consolidated.The unopposed motion for a limited remand (Docket Entry No. 6 in 22-15883; Docket Entry No. 6 in 22-16006) is granted. See Fed. R. App. P. 12.l(b). This appeal is remanded to the district court for the limited purpose of enabling the district court to consider the Federal Rule of Civil Procedure 60 motion.Within 60 days after the date of this order or within 7 days after the district court's ruling on the Rule 60 motion, whichever occurs first, appellant EC PAIA LLC shall file a status report in this court. The status report should contain a proposed consolidated briefing schedule and/or a request for other appropriate relief.Briefing is suspended. The court will establish a consolidated briefing schedule by separate order. (jni)
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Filing 224
ORDER GRANTING EC PAIA, LLC'S MOTION FOR ENTITLEMENT TO ATTORNEYS' FEES AND RELATED COSTS re: #213 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 8/26/2022. Based on the foregoing, the Court GRANTS Plaintiffs' Motion for Entitlement to Attorneys' Fees and Related Costs. Plaintiffs are held jointly and severally liable for Defendant's attorneys' fees and costs through August 27, 2021. The Court sets the following briefing schedule regarding the amount of any fees and/or costs: Defendant's motion shall be filed no later than September 23, 2022. Plaintiffs' opposition shall be filed no later than October 7, 2022. Defendant may file its reply by October 21, 2022. (jo)
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| Filing 223 TRANSCRIPT Designation and Ordering Form by Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC for proceedings held on 8/12/2021 before Judge WES REBER PORTER, re #214 Notice of Appeal, #216 USCA Scheduling Order, #218 Transcript Designation and Ordering Form, #217 Attorney Appeal Packet, #221 Transcript Designation and Ordering Form, #215 USCA Case Number Transcript due by 9/8/2022. (Revere, Terrance) |
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Filing 222
ORDER ISSUING INDICATIVE RULING ON MOTION FOR RELIEF FROM JUDGMENT UNDER RULE 60(A) re: #199 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 8/9/2022. For the foregoing reasons, the Court ISSUES an indicative ruling pursuant to Rule 62.1(a)(3) that it would likely grant Defendant's Request and enter an amended judgment were the case to be remanded for that limited purpose. Defendant shall promptly notify the Clerk of the Court of Appeals of this ruling. See Fed. R. Civ. P. 62.1(b) ("The movant must promptly notify the circuit clerk under Federal Rule of Appellate Procedure 12.1 if the district court states that it would grant the motion or that the motion raises a substantial issue."). (jo)
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| Filing 221 TRANSCRIPT Designation and Ordering Form by Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC for proceedings held on 8/12/2021, 11/16/2021, 11/17/2021, 11/18/2021 before Judge WES REBER PORTER, re #214 Notice of Appeal, #216 USCA Scheduling Order, #217 Attorney Appeal Packet, #215 USCA Case Number Transcript due by 8/8/2022. (Revere, Terrance) |
| Filing 220 REPLY re #213 MOTION for Attorney Fees Defendant EC Paia LLC's Motion for Attorneys' Fees and Related Costs; Memorandum in Support of Motion; Declaration of Lisa K. Swartzfager; Exhibits 1-2; Certificate of Word Count; Certificate of Service Defendant EC Paia LLC's Reply Memorandum in Support of Motion for Attorneys' Fees and Related Costs; Certificate of Word Count; Certificate of Service filed by EC PAIA LLC. (Attachments: #1 Certificate of Word Count, #2 Certificate of Service)(Swartzfager, Lisa) |
| Filing 219 MEMORANDUM in Opposition re #213 MOTION for Attorney Fees Defendant EC Paia LLC's Motion for Attorneys' Fees and Related Costs; Memorandum in Support of Motion; Declaration of Lisa K. Swartzfager; Exhibits 1-2; Certificate of Word Count; Certificate of Service filed by Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC. (Attachments: #1 Certificate of Service)(Revere, Terrance) |
| Filing 218 TRANSCRIPT Designation and Ordering Form by EC PAIA LLC for proceedings held on 11/17/2021, 11/18/2021, 11/19/2021 before Judge WES REBER PORTER, (McAneeley, Lindsay) |
| Filing 217 Attorney Appeal Packet as to #214 Notice of Appeal, filed by Paia Park, LLC, Paia Bay Properties LLC, Seashore Properties LLC, Paia Properties, LLC, Michael S. Baskin; USCA No. 22-16006 (Attachments: #1 Notice of Appeal, #2 USDC Instructions for Civil Appeals, #3 Docket Sheet) (jo) |
| Filing 216 USCA TIME SCHEDULE ORDER as to #214 Notice of Appeal, filed by Paia Park, LLC, Paia Bay Properties LLC, Seashore Properties LLC, Paia Properties, LLC, Michael S. Baskin; USCA No. 22-16006 (jo) |
| Filing 215 USCA Case Number: 22-16006 as to #214 Notice of Appeal, filed by Paia Park, LLC, Paia Bay Properties LLC, Seashore Properties LLC, Paia Properties, LLC, Michael S. Baskin (jo) |
| Filing 214 NOTICE OF APPEAL as to #212 Order on Motion for Bill of Costs, by Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC. Filing fee $ 505, receipt number AHIDC-2703505. Appeal Record due by 7/21/2022. USCA No. 22-16006 (Attachments: #1 Exhibit 1, #2 Certificate of Service)(Revere, Terrance) Modified on 7/8/2022 (jo) |
| Filing 213 MOTION for Attorney Fees Defendant EC Paia LLC's Motion for Attorneys' Fees and Related Costs; Memorandum in Support of Motion; Declaration of Lisa K. Swartzfager; Exhibits 1-2; Certificate of Word Count; Certificate of Service Lisa Katherine Swartzfager appearing for Defendant EC PAIA LLC (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Lisa K. Swartzfager, #3 Exhibit 1, #4 Exhibit 2, #5 Certificate of Word Count, #6 Certificate of Service)(Swartzfager, Lisa) |
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Filing 212
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S BILL OF COSTS re #196 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 6/16/2022. The Court GRANTS IN PART AND DENIES IN PART Defendant's Bill of Costs and TAXES costs against Plaintiffs as to the Defendant in the amount of $7,401.00. (eta)
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| Filing 211 Attorney Appeal Packet as to #208 Notice of Appeal, filed by EC PAIA LLC; USCA No. 22-15883 (Attachments: #1 Notice of Appeal, #2 USDC Instructions for Civil Appeals, #3 Docket Sheet) (jo) |
| Filing 210 USCA TIME SCHEDULE ORDER as to #208 Notice of Appeal, filed by EC PAIA LLC; USCA No. 22-15883 (jo) |
| Filing 209 USCA Case Number: 22-15883 as to #208 Notice of Appeal, filed by EC PAIA LLC (jo) |
| Filing 208 NOTICE OF APPEAL as to #195 Clerk's Judgment by EC PAIA LLC. Filing fee $ 505, receipt number AHIDC-2693641 USCA No. 22-15883 (Attachments: #1 Representation Statement, #2 Certificate of Service)(McAneeley, Lindsay) Modified on 6/14/2022 (jo) |
| Filing 207 REPLY re #199 Request, Reply Memorandum in Support of Defendant EC Paia LLC's Request Pursuant to Fed. R. Civ. P. 58(D) for Entry of Judgment in Favor of EC Paia LLC as to Plaintiffs' Claims; Certificate of Service filed by EC PAIA LLC. (Attachments: #1 Certificate of Service)(McAneeley, Lindsay) |
| Filing 206 EO: In response to Defendant's #205 Joint Statement Regarding EC Paia LLC's Motion for Attorneys' Fees and Costs, the Court SETS the following briefing schedule limited ONLY to the issues of whether Defendant is eligible to recover attorneys' fees and/or non-taxable costs under any rule or statute, and whether Defendant's Motion is untimely (or moot, or not ripe), as alleged by Plaintiffs. Defendant's motion shall be filed no later than June 30, 2022. Plaintiffs' opposition shall be filed no later than July 14, 2022. Defendant may file its reply by July 21, 2022. Thereafter, the Court will determine whether to set a hearing or issue the appropriate order. If the Court determines Defendant is eligible to recover fees and/or non-taxable costs, it will thereafter set a further briefing schedule regarding the amount of any fees and/or costs. (MAGISTRATE JUDGE WES REBER PORTER)(jp) |
| Filing 205 STATEMENT Joint Statement Regarding EC Paia LLC's Motion for Attorneys' Fees and Costs; Exhibits 1-4 filed by EC PAIA LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Chipchase, Calvert) |
| Filing 204 EO: No later than 6/8/2022, Defendant shall file a Reply to Plaintiffs' #203 Memorandum in Opposition to Defendants Request Pursuant to Fed. R. Civ. P. 58(d) for Entry of Judgment in Favor of EC Paia LLC as to Plaintiffs Claims #199 . (MAGISTRATE JUDGE WES REBER PORTER)(jp) |
| Filing 203 MEMORANDUM in Opposition to DEFENDANTS REQUEST PURSUANT TO FED. R. CIV. P. 58(D) FOR ENTRY OF JUDGMENT IN FAVOR OF EC PAIA LLC AS TO PLAINTIFFS CLAIMS (DKT. #199 ) filed by Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC. (Attachments: #1 Certificate of Service)(Revere, Terrance) Modified on 5/20/2022 (jo) |
| Filing 202 REPLY re #196 BILL OF COSTS Defendant EC Paia LLC's Memorandum in Support of Its Bill of Costs; Declaration of Lindsay N. McAneeley; Exhibits 1-6; Certificate of Service by EC PAIA LLC Defendant EC Paia LLC's Reply Memorandum in Support of its Bill of Costs; Declaration of Lindsay N. McAneeley; Exhibit 7; Certificate of Service filed by EC PAIA LLC. (Attachments: #1 Declaration of Lindsay N. McAneeley, #2 Exhibit 7, #3 Certificate of Service)(McAneeley, Lindsay) |
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Filing 201
ORDER GRANTING DEFENDANT EC PAIA LLC'S FIRST EX PARTE MOTION FOR EXTENSION OF TIME TO APPEAL CLERK'S JUDGMENT ENTERED APRIL 13, 2022 [ECF 195] re: #200 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 5/13/2022. (jo)
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| Filing 200 EX PARTE Motion for Extension of Time to Appeal Clerk's Judgment Entered April 13, 2022 [ECF195] Lindsay Nash McAneeley appearing for Defendant EC PAIA LLC (Attachments: #1 Declaration Declaration of Counsel, #2 [PROPOSED] Order Granting Defendant EC Paia LLC's First Ex Parte Motion for Extension of Time to Appeal Clerk's Judgment Entered April 13, 2022 [ECF195])(McAneeley, Lindsay) |
| Filing 199 REQUEST Pursuant to Fed. R. Civ. P 58(D) for Entry of Judgment in Favor EC Paia LLC as to Plaintiffs' Claims by EC PAIA LLC. (Attachments: #1 Declaration Declaration of Counsel, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Certificate of Service Certificate of Service)(McAneeley, Lindsay) |
| Filing 198 EO: No later than 5/18/22, Defendant shall file a Reply to Plaintiffs' #197 Objection to Defendant's Bill of Costs. (MAGISTRATE JUDGE WES REBER PORTER)(jp) |
| Filing 197 OBJECTION to Bill of Costs re #196 BILL OF COSTS Defendant EC Paia LLC's Memorandum in Support of Its Bill of Costs; Declaration of Lindsay N. McAneeley; Exhibits 1-6; Certificate of Service by EC PAIA LLC filed by Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC. (Attachments: #1 Certificate of Service)(Revere, Terrance) |
| Filing 196 BILL OF COSTS Defendant EC Paia LLC's Memorandum in Support of Its Bill of Costs; Declaration of Lindsay N. McAneeley; Exhibits 1-6; Certificate of Service by EC PAIA LLC. (Attachments: #1 Memorandum in Support of its Bill of Costs, #2 Declaration of Lindsay N. McAneeley, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Certificate of Service)(McAneeley, Lindsay) |
| Filing 195 **Amended Judgment filed at ECF #229 ** CLERK'S JUDGMENT entered 4/13/2022 pursuant to ECF No. #194 ORDER GRANTING PLAINTIFFS/COUNTERCLAIM DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AS A MATTER OF LAW (jo) Docket Text Modified on 9/13/2022 (jo) |
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Filing 194
ORDER GRANTING PLAINTIFFS/COUNTERCLAIM DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AS A MATTER OF LAW re: #182 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 4/12/2022. For the foregoing reasons, Plaintiffs' Motion for Summary Judgment is GRANTED. (jo)
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| Filing 193 EO: The Court VACATES Oral Arguments set for March 10, 2022 at 9:00 a.m. before Magistrate Judge Wes Reber Porter. The Court elects to decide Defendant's Counterclaim without a hearing. (MAGISTRATE JUDGE WES REBER PORTER)(jp) |
| Filing 192 NOTICE by EC PAIA LLC re #189 Reply, Notice of Supplemental Authorities EC PAIA LLC. (Attachments: #1 Certificate of Service)(McAneeley, Lindsay) |
| Filing 191 Errata re #190 Concise Statement of Facts, Re: Plaintiffs Concise Statement Of Facts In Support Of Plaintiffs/Counterclaim Defendants Motion For Summary Judgment/Judgment As A Matter Of Law. (Attachments: #1 Declaration of Counsel, #2 Exhibit 1, #3 Exhibit TR.1, #4 Exhibit TR.2, #5 Exhibit TR.3, #6 Exhibit PLTFS EXH 57, #7 Certificate of Service)(Revere, Terrance) |
| Filing 190 CONCISE STATEMENT of Facts re #189 Reply, TO EC PAIA LLCS CONCISE STATEMENT OF FACTS IN OPPOSITION TO PLAINTIFFS/COUNTERCLAIM DEFENDANTS MOTION FOR SUMMARY JUDGMENT AS A MATTER OF LAW FILED FEBRUARY 3, 2022 filed by Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC. (Attachments: #1 Certificate of Service)(Revere, Terrance) |
| Filing 189 REPLY re #188 Errata,, RE EC PAIA LLCS MEMORANDUM IN OPPOSITION TO PLAINTIFFS/COUNTERCLAIM DEFENDANTS MOTION FOR SUMMARY JUDGMENT AS A MATTER OF LAW, FILED FEBRUARY 3, 2022 [ECF 187] filed by Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC. (Attachments: #1 Certificate of Service)(Revere, Terrance) |
| Filing 188 Errata re #187 Memorandum in Opposition to Motion, Errata Re EC Paia LLC's Memorandum in Opposition to Plaintiffs/Counterclaim Defendants' Motion for Summary Judgment as a Matter of Law, Filed February 3, 2022 [ECF 187]; [EC Paia LLC's Memorandum in Opposition to Plaintiffs/Counterclaim Defendants' Motion for Summary Judgment as a Matter of Law, Filed February 3, 2022; Certificate of Word Count]; Certificate of Service. (Attachments: #1 EC Paia LLC's Memorandum in Opposition to Plaintiffs/Counterclaim Defendants' Motion for Summary Judgment as a Matter of Law, Filed February 3, 2022, #2 Certificate of Word Count, #3 Certificate of Service)(McAneeley, Lindsay) |
| Filing 187 MEMORANDUM in Opposition re #182 MOTION for Summary Judgment As A Matter of Law EC PAIA LLCS MEMORANDUM IN OPPOSITION TO PLAINTIFFS/COUNTERCLAIM DEFENDANTS MOTION FOR SUMMARY JUDGMENT AS A MATTER OF LAW, FILED FEBRUARY 3, 2022; CERFIFICATE OF WORD COUNT; CERTIFICATE OF SERVICE filed by EC PAIA LLC. (Attachments: #1 Certificate of Word Count, #2 Certificate of Service)(Chipchase, Calvert) |
| Filing 186 CONCISE STATEMENT in Opposition re #182 MOTION for Summary Judgment As A Matter of Law EC PAIA LLCS CONCISE STATEMENT OF FACTS IN OPPOSITION TO PLAINTIFFS/COUNTERCLAIM DEFENDANTS MOTION FOR SUMMARY JUDGMENT AS A MATTER OF LAW FILED FEBRUARY 3, 2022; CERTIFICATE OF WORD COUNT; DECLARATION OF COUNSEL; EXHIBITS: TR.1, TR.2, TR.3, JE-28, JE-29, JE-58, D-AU, D-AX, P-14, P-99; DECLARATION OF SAM HIRBOD; DECLARATION OF HAMED ADIBNATANZI; DECLARATION OF RORY FRAMPTON; DECLARATION OF RANDALL ENDO; CERTIFICATE OF SERVICE filed by EC PAIA LLC. (Attachments: #1 Certificate of Word Count, #2 Declaration of Counsel, #3 Exhibit TR.1, #4 Exhibit TR.2, #5 Exhibit TR.3, #6 Exhibit JE-28, #7 Exhibit JE-29, #8 Exhibit JE-58, #9 Exhibit D-AU, #10 Exhibit D-AX, #11 Exhibit P-14, #12 Exhibit P-99, #13 Declaration of Sam Hirbod, #14 DECLARATION OF HAMED ADIBNATANZI, #15 Declaration of Rory Frampton, #16 Declaration of Randall Endo, #17 Certificate of Service)(Chipchase, Calvert) |
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Filing 185
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER GRANTING DEFENDANT'S MOTION UNDER FED. R. CIV. P. 52(c) FOR JUDGMENT ON PARTIAL FINDINGS AS TO PLAINTIFFS' CLAIM FOR BREACH OF CONTRACT - Signed by MAGISTRATE JUDGE WES REBER PORTER on 2/14/2022. Based on the Findings of Fact and Conclusions of Law herein, the Court GRANTS Defendant's Motion under Federal Rule of Civil Procedure 52(c) for Judgment on Partial Findings as to Plaintiffs' Claim for Breach of Contract. (jo)
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| Filing 184 EO: Defendant contacted the Court requesting a status conference regarding Plaintiffs' #182 Motion for Summary Judgment and the scope of the issues raised therein. The Court declines to hold a status conference and DIRECTS Defendant to respond to all issues raised in the Motion including whether parts of the Motion are improper. (MAGISTRATE JUDGE WES REBER PORTER)(jp) |
| Filing 183 CONCISE STATEMENT in Support re #182 MOTION for Summary Judgment As A Matter of Law filed by Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC. (Attachments: #1 Declaration of Counsel, #2 Exhibit 1, #3 Certificate of Service)(Revere, Terrance) |
| Filing 182 MOTION for Summary Judgment As A Matter of Law Terrance M. Revere appearing for Counter Defendants Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC, Plaintiffs Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC (Attachments: #1 Certificate of Service)(Revere, Terrance) |
| Filing 181 OBJECTION re #180 Proposed Findings of Fact filed by Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC. (Revere, Terrance) |
| Filing 180 Proposed Findings of Fact. filed by EC PAIA LLC. (Attachments: #1 Certificate of Service)(Chipchase, Calvert) |
| Filing 179 EO: The Court will proceed by handling Defendant's Counterclaim with a Hearing as a Matter of Law and sets briefing deadlines as follows: A dispositive motion deadline for only Plaintiffs' Motion for Summary Judgment regarding the legal impact on Defendants counterclaim for misrepresentation, if any, of any contractual release provisions entered into by the parties, by February 3, 2022.Defendant's Opposition by February 17, 2022. Plaintiffs' Optional Reply by February 24, 2022. Oral Arguments are set for March 10, 2022 at 9:00 AM by video teleconference (VTC) before MAGISTRATE JUDGE WES REBER PORTER. The Court will provide information regarding VTC access to the participants prior to the hearing. The public may attend this conference (audio only) with the information provided below:Call-in: 1-650-479-3207.Access code: Access code: 1601263445. (MAGISTRATE JUDGE WES REBER PORTER)(rls) |
| Filing 178 EP: TELEPHONIC STATUS CONFERENCE Ms. Mr. Terrance Revere appeared for Plaintiffs.Ms. Lisa Swartzfager, Ms. Lindsay McAneeley, and Mr. Calvert Chipchase appeared for Defendant. The Court held a Telephonic Status Conference.Court advises the parties that it will GRANT Defendants Motion under Federal Rule of Civil Procedure 52(c) for Judgment on Partial Findings as to Plaintiffs' claim for breach of the Land Agreement.Defense to file a revised Findings of Facts on or before: 12/30/2021.Response to revised Findings of Facts due on or before: 1/13/2022.Discussion held regarding Counterclaim. Defense is directed to send an email by 12/9/2021 to porter_orders@hid.uscourts.gov and copy the Plaintiff to advise and/or give notice regarding it's intentions on the Counterclaim. (ATT / 9:30 a.m. - 9:45 a.m.) (MAGISTRATE JUDGE WES REBER PORTER)(afe) |
| Filing 177 EO: The Court SETS a Telephonic Status Conference for 12/2/2021 at 9:30 AM before Magistrate Judge Wes Reber Porter via AT&T Connect Audio Conference at 1-888-278-0296 / Access Code: 8224751 to address the pending trial matters. (MAGISTRATE JUDGE WES REBER PORTER)(jp) |
| Filing 176 TRANSCRIPT of Proceedings Non-Jury Trial Day 3 held on November 18, 2021, before Judge Wes Reber Porter. Court Reporter/Transcriber - Ann Matsumoto, Telephone number - 808 541-2061, Email Address - am@hid.uscourts.gov, PP. - 159 90-Day Transcript Restriction: PACER access to filed transcripts is restricted for 90 days from the file date to permit redaction of personal identifiers. Citations to restricted transcripts in filed documents must be limited to those portions of the proceedings that are relevant and in need of judicial review. Attaching restricted transcripts, in their entirety, to filed documents should be limited to situations with specific need. Transcript may be viewed at the court public terminal or ordered through the Court Reporter before the deadline for Release of Transcript. Redaction Request due 12/13/2021. Redacted Transcript Deadline set for 12/22/2021. Release of Transcript Restriction set for 2/22/2022. (am) |
| Filing 175 TRANSCRIPT of Proceedings Non-Jury Trial Day 2 held on November 17, 2021, before Judge Wes Reber Porter. Court Reporter/Transcriber - Ann Matsumoto, Telephone number - 808 541-2061, Email Address - am@hid.uscourts.gov, PP. - 179 90-Day Transcript Restriction: PACER access to filed transcripts is restricted for 90 days from the file date to permit redaction of personal identifiers. Citations to restricted transcripts in filed documents must be limited to those portions of the proceedings that are relevant and in need of judicial review. Attaching restricted transcripts, in their entirety, to filed documents should be limited to situations with specific need. Transcript may be viewed at the court public terminal or ordered through the Court Reporter before the deadline for Release of Transcript. Redaction Request due 12/13/2021. Redacted Transcript Deadline set for 12/22/2021. Release of Transcript Restriction set for 2/22/2022. (am) |
| Filing 174 TRANSCRIPT of Proceedings Non-Jury Trial Day 1 held on November 16, 2021, before Judge Wes Reber Porter. Court Reporter/Transcriber - Ann Matsumoto, Telephone number - 808 541-2061, Email Address - am@hid.uscourts.gov, PP. - 208 90-Day Transcript Restriction: PACER access to filed transcripts is restricted for 90 days from the file date to permit redaction of personal identifiers. Citations to restricted transcripts in filed documents must be limited to those portions of the proceedings that are relevant and in need of judicial review. Attaching restricted transcripts, in their entirety, to filed documents should be limited to situations with specific need. Transcript may be viewed at the court public terminal or ordered through the Court Reporter before the deadline for Release of Transcript. Redaction Request due 12/13/2021. Redacted Transcript Deadline set for 12/22/2021. Release of Transcript Restriction set for 2/22/2022. (am) |
| Filing 173 TRIAL BRIEF DEFENDANT EC PAIA LLC'S SUPPLEMENTAL AUTHORITY IN SUPPORT OF ITS RULE 52(c) MOTION FOR JUDGMENT ON PARTIAL FINDINGS. filed by EC PAIA LLC. (Attachments: #1 Certificate of Service)(Chipchase, Calvert) |
| Filing 172 RESPONSE PLAINTIFFS/COUNTERCLAIM DEFENDANTS' WRITTEN RESPONSE TO DEFENDANT'S RULE 52 (C) ORAL MOTION filed by Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC. (Attachments: #1 PLAINTIFFS/COUNTERCLAIM DEFENDANTS' WRITTEN RESPONSE TO DEFENDANT'S RULE 52 (C) ORAL MOTION, #2 Appendix APPENDIX 1, #3 Certificate of Service)(Revere, Terrance) |
| Filing 170 EP: Settlement Conference held on 11/18/2021. Settlement Discussions with Plaintiff's counsel only. (KJM Chambers no record / 5:00 - 5:15) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb) |
| Filing 169 EP: NON-JURY TRIAL, DAY 3 Michael S. Baskin, Plaintiff was present.Hamed Adib, EC Paia Corporate Representative, was present.Joint Exhibits Admitted: Court admitted J44 over the Defendant's objection. Plaintiffs' Witnesses: Michael Baskins (CST for Direct, Cross and Re-direct Examination)Plaintiffs' Exhibits Admitted: Plaintiffs' Exhibits P60, P97, and P98. Plaintiffs' Exhibits Offered but Not Admitted: P96.Defendant's Exhibits Admitted: AA, AS, and AX.Plaintiffs rested.Defendant then made an oral motion under Federal Rule of Civil Procedure 52(c) for Judgment on Partial Findings as to Plaintiffs' claim for breach of the Land Agreement.Plaintiffs orally responded to the Rule 52(c) motion including arguing the rule's applicable standard.The Court offered its inclinations to grant Defendant's motion based upon the Plaintiffs case as set forth on the record.Plaintiffs shall file any written response to the pending Rule 52(c) motion, including any further briefing as to the proper standard, by November 22, 2021. Plaintiffs shall provide citations to trial testimony and/or admitted exhibits. Plaintiffs should avoid testimony and evidence within the several categories discussed on the record. Defendants may also submit any supplemental authority on its motion by the same deadline.Discussion held regarding the Defendant's position on pursuing the counterclaim. The Court informed the parties that the next steps for the counterclaim may be briefing on a motion as a matter of law, as opposed to trial. The Court directed Defendant to update the Court regarding the counterclaim following a decision on the Rule 52(c) motion.Partial findings under Rule 52(c) requires findings of fact and conclusions of law. The Court discussed how the parties would contribute to the Court's decision if rendered consistent with its inclinations. In light of the pending motion under Rule 52(c) and Defendant's decision regarding its counterclaim, no further trial days were set at this time. (Reporter-Ann Matsumoto) (MAGISTRATE JUDGE WES REBER PORTER)(jp) |
| Filing 171 AMENDED EP: NON-JURY TRIAL, DAY 2 Michael S. Baskin, Plaintiff was present.Hamed Adib, EC Paia Corporate Representative, was present.Plaintiffs' Witnesses: Sam Hirbod (CST for Direct Examination)Hamed Adib (CST for Direct Examination)Rory Frampton (CST for Direct Examination) Michael Baskins (CST for Direct Examination)Counsel for EC Paia asked that these witnesses be subject to recall and reserved questioning until the defense case.Plaintiffs' Exhibits Admitted: Plaintiffs' Exhibits P87, P57 (only pages Bates stamped 3276-3277). The Court admitted Plaintiffs' Exhibits P14, P30, and P86, over Defendants objection. Plaintiffs' Exhibit P88 was admitted however, was not offered for truthfulness. Plaintiffs' Exhibits Offered but Not Admitted: P23, P40, and P75.Further Non-Jury Trial, Day 3 is SET for 11/18/2021 at 8:30 a.m. before Magistrate Judge Wes Reber Porter. (Reporter-Ann Matsumoto) (MAGISTRATE JUDGE WES REBER PORTER)(jp) |
| Filing 168 EP: NON-JURY TRIAL, DAY 2 Michael S. Baskin, Plaintiff was present.Hamed Adib, EC Paia Corporate Representative, was present.Plaintiffs' Witnesses: Sam Hirbod (CST for Direct Examination)Hamed Adib (CST for Direct Examination)Michael Baskins (CST for Direct Examination)Counsel for EC Paia asked that these witnesses be subject to recall and reserved questioning until the defense case.Plaintiffs' Exhibits Admitted: Plaintiffs' Exhibits P87, P57 (only Bates stamped number 3276-3277). The Court admitted Plaintiffs' Exhibits P14, P30, and P86, over Defendant's objection. Plaintiffs' Exhibit P88 was admitted however, was not offered for truthfulness. Plaintiffs' Exhibits Offered but Not Admitted: P23, P40, and P75.Further Non-Jury Trial, Day 3 is SET for 11/18/2021 at 8:30 a.m. before Magistrate Judge Wes Reber Porter.(Reporter-Ann Matsumoto) (MAGISTRATE JUDGE WES REBER PORTER)(jp) |
| Filing 167 NOTICE by Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC (Notice Of Withdrawal Of Clarisse M. Kobashigawa) Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC. (Attachments: #1 Certificate of Service)(Revere, Terrance) |
| Filing 166 AMENDED EP: NON-JURY TRIAL, DAY 1 Michael S. Baskin, Plaintiff was present.Joint Exhibits Admitted as stipulated in ECF #151 : J4 through J8, J10 through J12, J13 (as corrected), J15 through J25, J27 through J30, J32 through J34, and J36 through J38, J48 through J54 and J57 through J58. Parties also stipulated to J59 and P13.Defendant sought to withdraw its stipulation to Joint Exhibits J1 through J3, J9, J14, J26, J31, J35, and J55. The Court, however, deemed these joint exhibits authentic based upon Defendant's prior stipulation and allowed Defendant to object as to admissibility only at trial.The parties mutually withdrew Joint Exhibit J56.Plaintiffs' Witnesses: Sarah Sparks by Video Teleconference (CST for Direct and Cross Examination)Sam Hirbod (CST for Direct Examination)Plaintiffs' Exhibits Admitted: P1, P10, and P99Discussion held regarding admission of exhibits pertaining to Parking Lot Agreement. The Court sustained Defendant's objections to Plaintiffs' Exhibits P23 and P95. The Court will determine admissibility of exhibits regarding the Parking Lot Agreement on a case-by-case basis. Further Non-Jury Trial, Day 2 is SET for 11/17/2021 at 8:30 a.m. before Magistrate Judge Wes Reber Porter. (Reporter-Ann Matsumoto) (MAGISTRATE JUDGE WES REBER PORTER)(jp) |
| Filing 165 EP: EP: NON-JURY TRIAL, DAY 1 Michael S. Baskin, Plaintiff was present.Joint Exhibits Admitted as stipulated in ECF #151 : J4 through J8, J10 through J12, J13 (as corrected), J15 through J25, J27 through J30, J32 through J34, and J36 through J38, J48 through J54 and J57 through J58. Parties also stipulated to J59 and P13.Defendant moved to exclude Joint Exhibits J1 through J3, J9, J14, J26, J31, J35, and J55 from the stipulated Joint Exhibits. The Court overruled the exclusion.The parties mutually withdrew Joint Exhibit J56.Plaintiffs' Witnesses: Sarah Sparks by Video Teleconference (CST for Direct and Cross Examination)Sam Hirbod (CST for Direct Examination)Plaintiffs' Exhibits Admitted: P1, P10, and P99Discussion held regarding admission of exhibits pertaining to Parking Lot Agreement. The Court sustained Defendant's objections to Plaintiffs' Exhibits P23 and P95. The Court will determine admissibility of exhibits regarding the Parking Lot Agreement on a case-by-case basis. Further Non-Jury Trial, Day 2 is SET for 11/17/2021 at 8:30 a.m. before Magistrate Judge Wes Reber Porter.(Reporter-Ann Matsumoto) (MAGISTRATE JUDGE WES REBER PORTER)(jp) |
| Filing 164 EP: TELEPHONIC STATUS CONFERENCE Ms. Mr. Terrance Revere appeared for Plaintiffs.Ms. Lisa Swartzfager, Ms. Lindsay McAneeley, and Mr. Calvert Chipchase appeared for Defendant. The Court held a Telephonic Status Conference.Discussion held regarding logistics during trial. The Court deferred ruling on pending motions in limine 1, 2, and 4.(ATT / 1:00 p.m. - 1:20 p.m.) (MAGISTRATE JUDGE WES REBER PORTER)(jp) |
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Filing 163
ORDER GRANTING DEFENDANT EC PAIA LLC'S MOTION IN LIMINE NO. 3 TO PRECLUDE EVIDENCE OF AUDIO RECORDING MADE IN VIOLATION OF CALIFORNIA PENAL CODE SECTION 632 re: #119 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 11/15/2021. For the foregoing reasons, the Court GRANTS Defendant's Motion in Limine No. 3 to Preclude Evidence of Audio Recording Made in Violation of California Penal Code Section 632. Thus, the recording at issue is barred from evidence at trial. (jo)
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| Filing 162 EO: See attached Minute Order Regarding Court Order Re: Trial Briefs, Witness and Exhibit Objections, and Supplemental Findings of Fact and Conclusions of Law. (MAGISTRATE JUDGE WES REBER PORTER)(jp) |
| Filing 161 Return of Service on Subpoena: William Spence was served on 11/10/2021 (jo) |
| Filing 160 Return of Service on Subpoena: William E. Mitchell was served on 11/10/2021 (jo) |
| Filing 159 Return of Service on Subpoena: Thomas Nance was served on 11/12/2021 (jo) |
| Filing 158 Return of Service on Subpoena: Randall H. Endo was served on 11/10/2021 (jo) |
| Filing 157 Return of Service on Subpoena: Michael Munekiyo was served on 11/10/2021 (jo) |
| Filing 156 Return of Service on Subpoena: Daniel T. Sayles was served on 11/12/2021 (jo) |
| Filing 155 Return of Service on Subpoena: Jordan E. Hart was served on 11/12/2021 (jo) |
| Filing 154 EO: The Court sets a Telephonic Status Conference for 11/15/2021 at 01:00 PM before MAGISTRATE JUDGE WES REBER PORTER via AT&T Connect Audio Conference at 1-888-278-0296 / Access Code: 8224751. (MAGISTRATE JUDGE WES REBER PORTER)(jp) |
| Filing 153 RESPONSE re #148 Trial Brief, #144 Memorandum, #146 Proposed Findings of Fact Defendant EC Paia LLC's Objections to Plaintiffs' Bench Memorandum Regarding Objections to Defendant's Exhibits Filed 11/02/2021 [DKT. 144]; [Proposed] Findings of Fact and Conclusions of Law Filed 11/02/2021 [DKT. 146]; and Responsive Trial Brief [DKT. 148] filed by EC PAIA LLC. (Attachments: #1 Certificate of Service)(Chipchase, Calvert) |
| Filing 152 Exhibit List Defendant's Amended Contested Exhibit List. filed by EC PAIA LLC.(Swartzfager, Lisa) |
| Filing 151 Exhibit List PARTIES' AMENDED JOINT EXHIBIT LIST. filed by Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC. (Attachments: #1 Certificate of Service)(Revere, Terrance) |
| Filing 150 Exhibit List PLAINTIFFS/COUNTERCLAIM DEFENDANTS' AMENDED CONTESTED EXHIBIT LIST. filed by Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC. (Attachments: #1 Exhibit EXHIBIT "1", #2 Certificate of Service)(Revere, Terrance) |
| Filing 149 TRIAL BRIEF PLAINTIFFS/COUNTERCLAIM DEFENDANTS' TRIAL BRIEF RE: APPLICBALE LAW REGARDING PHONE RECORDING IDENTIFIED AS PLAINTIFFS/COUNTERCLAIM DEFENDANTS' CONTESTED EXHIBIT NO. 15. filed by Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC. (Attachments: #1 Certificate of Service)(Revere, Terrance) |
| Filing 148 TRIAL BRIEF PLAINTIFFS/COUNTERCLAIM DEFENDANTS' COMBINED TRIAL BRIEF IN RESPONSE TO DEFENDANT EC PAIA LLC'S TRIAL BRIEFs [ECF 131, 132, 133, 135]. filed by Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC. (Attachments: #1 Certificate of Service)(Revere, Terrance) |
| Filing 147 Parties' Mutual Proposed Findings of Fact filed by EC PAIA LLC (Swartzfager, Lisa) Modified on 11/3/2021 (jo) |
| Filing 146 Proposed Findings of Fact. filed by Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC. (Attachments: #1 Certificate of Service)(Revere, Terrance) |
| Filing 145 EP: TELEPHONIC FINAL PRETRIAL CONFERENCE Mr. Terrance Revere and Ms. Megdelena Bajon appeared for Plaintiffs.Ms. Lisa Swartzfager, Ms. Lindsay McAneeley, and Mr. Calvert Chipchase appeared for Defendants.The Court held a Telephonic Final Pretrial Conference. Discussion held regarding a potential recusal motion raised by Plaintiff. The Court provided information about the matter and invited questions from counsel. Discussion next held regarding the following trial related procedures:- Given the Courts prior involvement in the case, the Court ruled that Opening Statements are not necessary; Closing statements are allowed for a limited time;- Following trial, the Court will require revised and annotated Findings of Fact and Conclusion of Law submissions, with citations, and objections to exhibits; and- Discussion held about trial teams, trial presentation, in-person and remote witnesses, and motions in limine. (ATT / 10:00 a.m. - 10:40 a.m.) (MAGISTRATE JUDGE WES REBER PORTER)(jp) |
| Filing 144 MEMORANDUM PLAINTIFFS' BENCH MEMORANDUM REGARDING OBJECTIONS TO DEFENDANT'S EXHIBITS filed by Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC. (Attachments: #1 Certificate of Service)(Revere, Terrance) |
| Filing 143 NOTICE of Appearance by Magdalena Bajon on behalf of Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC on behalf of Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC. (Bajon, Magdalena) |
| Filing 142 EP: FURTHER SETTLEMENT CONFERENCE held on 11/01/2021. The Court met with counsel for the parties. Further settlement discussions held. No settlement reached at this time. (KJM Chambers - no record / 2:30 - 3:30) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb) |
| Filing 141 EO: The Final Pretrial Conference set for 11/2/2021 at 10:00 AM before MAGISTRATE JUDGE WES REBER PORTER will be held telephonically via AT&T Connect Audio Conference at 1-888-278-0296 / Access Code: 8224751. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing. (MAGISTRATE JUDGE WES REBER PORTER)(jp) |
| Filing 140 STATUS REPORT PARTIES' JOINT REPORT REGARDING TRIAL WITNESSES AND PARTICIPANT VACCINE STATUS by EC PAIA LLC. (Chipchase, Calvert) |
| Filing 139 EP: FURTHER SETTLEMENT CONFERENCE held.Plaintiff Michael S. Baskin is also present.Counsel Magdalena Bajon appearing on behalf of the Plaintiffs.The Court met with the parties. Settlement discussions held.No settlement reached at this time. (KJM Chambers/Video Tele-Conference (VTC) no record / 9:00 - 9:30; 11:00 - 11:30; 12:15 - 1:15 / 1:45 - 2:50 (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb) |
| Filing 138 EO: The Court GRANTS the parties' #129 Joint Request for Extension of Time to File the Mutually Approved Set of Findings of Fact and Conclusions of Law. The mutually approved set of findings of fact and conclusions of law shall be filed and submitted pursuant to the instructions in the #37 Rule 16 Scheduling Order no later than 11/2/2021. (MAGISTRATE JUDGE WES REBER PORTER)(jp) |
| Filing 136 Pretrial Conference Statement by EC PAIA LLC . (Attachments: #1 Certificate of Service)(Swartzfager, Lisa) |
| Filing 135 TRIAL BRIEF ON THE INTERPRETATION OF SECTION 3.2 OF THE LAND AGREEMENT. filed by EC PAIA LLC. (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit B, #4 Certificate of Service)(Swartzfager, Lisa) |
| Filing 134 Proposed Findings of Fact. filed by EC PAIA LLC. (Attachments: #1 Certificate of Service)(Swartzfager, Lisa) |
| Filing 133 TRIAL BRIEF REGARDING ITS DAMAGES. filed by EC PAIA LLC. (Attachments: #1 Certificate of Service)(Swartzfager, Lisa) |
| Filing 132 TRIAL BRIEF REGARDING PLAINTIFFS LACK OF DAMAGES. filed by EC PAIA LLC. (Attachments: #1 Certificate of Service)(Swartzfager, Lisa) |
| Filing 131 TRIAL BRIEF REGARDING PLAINTIFFS DEFICIENT DEEMED-APPROVED ARGUMENT. filed by EC PAIA LLC. (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Certificate of Service)(Swartzfager, Lisa) |
| Filing 130 Pretrial Conference Statement by Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC . (Revere, Terrance) |
| Filing 129 Joint REQUEST for Extension of Time to File the Mutually Approved Set of Findings of Fact and Conclusions of Law by EC PAIA LLC. (Swartzfager, Lisa) Modified on 10/27/2021 (jo) |
| Filing 128 TRIAL BRIEF . filed by Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC. (Attachments: #1 Exhibit EXHIBIT 1, #2 Certificate of Service)(Revere, Terrance) |
| Filing 127 MEMORANDUM in Opposition re #120 MOTION in Limine (DEFENDANT EC PAIA LLCS MOTION IN LIMINE #4 SETTING FORTH ITS EVIDENTARY OBJECTIONS TO PLAINTIFFS EXHIBITS) filed by Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC. (Attachments: #1 CERTIFICATE OF WORD COUNT, #2 Certificate of Service)(Revere, Terrance) |
| Filing 126 MEMORANDUM in Opposition re #119 MOTION in Limine (DEFENDANT EC PAIA LLC'S MOTION IN LIMINE #3 TO PRECLUDE EVIDENCE OF AUDIO RECORDING MADE IN VIOLATION OF CALIFORNIA PENAL CODE 632) filed by Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC. (Attachments: #1 Exhibit EXHIBIT 1, #2 Certificate of Service)(Revere, Terrance) |
| Filing 125 MEMORANDUM in Opposition re #118 MOTION in Limine (DEFENDANT EC PAIA LLCS MOTION IN LIMINE #2 TO EXCLUDE EVIDENCE AND ARGUMENT RELATED TO DAMAGES NOT PROXIMATELY CAUSED BY THE FAILURE TO TRANSFER A COMMERCIAL LOT AND A RESIDENTIAL LOT) filed by Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC. (Attachments: #1 Certificate of Service)(Revere, Terrance) |
| Filing 124 MEMORANDUM in Opposition re #117 MOTION in Limine (DEFENDANT EC PAIA LLCS MOTION IN LIMINE #1 TO EXCLUDE EVIDENCE AND ARGUMENT OF ANY OBLIGATION UNDER AND ALLEGED BREACH OF THE PARKING LOT AGREEMENT AND ANY ALLEGED PERFORMANCE OR NONPERFORMANCE OF THE OBLIGATIONS IN THE PARKI filed by Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC. (Attachments: #1 Certificate of Service)(Revere, Terrance) |
| Filing 137 EP: SETTLEMENT CONFERENCE held. Ongoing settlement discussions with counsel for parties. Discussions continuing. (KJM Chambers - no record / 3:00 - 4:30) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb) |
| Filing 123 EO: The Court has confirmed that the bench trial in this matter will proceed on 11/16/2021 at 9:00 AM in Courtroom 5 before MAGISTRATE JUDGE WES REBER PORTER. No later than 10/29/2021, the parties shall meet and confer and submit a joint report regarding: (i) all individuals who will be present in Court for trial; (ii) the order of witnesses, indicating which witnesses will testify in person and which witnesses will appear by Video Teleconference by agreement of the parties; (iii) confirming that all attorneys vaccination cards have been uploaded and registered with the Courts registry, see https://www.hid.uscourts.gov/reg/dsp_registration.cfm; and (iv) identifying the vaccination status of any other individual who will be present in Court for trial, including any witness who will testify in person, and ensuring all vaccination cards are uploaded into the Courts registry as applicable. The Court will provide the parties with an overview of the set-up of Courtroom 5 at the Final Pretrial Conference set for 11/2/2021. The Court also will provide the parties with the precise trial days and hours once it has further information. Thereafter, the parties shall contact the Courtroom Manager to request any additional information regarding the set-up of the courtroom or any necessary training regarding use of courtroom technology. (MAGISTRATE JUDGE WES REBER PORTER)(jp) |
| Filing 122 EO: Court sets a Further Settlement Conference for 10/27/2021 at 1:30 p.m. by Video Tele-Conference (VTC) before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Any updated settlement conference statements are due by Sunday, 10/24/2021. One double sided hard copy of the Settlement Conference Statements from each party shall be delivered to the Clerk's Office followed by an electronic version to be emailed to mansfield_orders@hid.uscourts.gov.The Courtroom Manager will be sending out a separate email providing counsel detailed instructions regarding Settlement Conferences Video Tele-Conference (VTC) access prior to the conference date. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb) |
| Filing 121 Errata re #120 MOTION in Limine (DEFENDANT EC PAIA LLCS MOTION IN LIMINE #4 SETTING FORTH ITS EVIDENTARY OBJECTIONS TO PLAINTIFFS EXHIBITS) . (Attachments: #1 REDACTED EXHIBIT P-15A, #2 CERTIFICATE OF SERVICE)(Chipchase, Calvert) |
| Filing 120 MOTION in Limine (DEFENDANT EC PAIA LLCS MOTION IN LIMINE #4 SETTING FORTH ITS EVIDENTARY OBJECTIONS TO PLAINTIFFS EXHIBITS) Calvert G. Chipchase, IV appearing for Defendant EC PAIA LLC (Attachments: #1 Memorandum, #2 Declaration, #3 Parties' Joint Exhibit List (Authenticity Only), #4 Exhibit JE-38, #5 Exhibit JE-40, #6 Exhibit JE-41, #7 Exhibit JE-42, #8 Exhibit JE-43, #9 Exhibit JE-44, #10 Exhibit JE-45, #11 Exhibit JE-46, #12 Exhibit JE-47, #13 Plaintiffs' Contested Exhibit List, #14 Exhibit P-1, #15 Exhibit P-2, #16 Exhibit P-3, #17 Exhibit P-4, #18 Exhibit P-5, #19 Exhibit P-6, #20 Exhibit P-7, #21 Exhibit P-8, #22 Exhibit P-10, #23 Exhibit P-11, #24 Exhibit P-13, #25 Exhibit P-14, #26 Exhibit P-15A, #27 Exhibit P-16, #28 Exhibit P-17, #29 Exhibit P-18, #30 Exhibit P-20, #31 Exhibit P-22, #32 Exhibit P-23, #33 Exhibit P-24, #34 Exhibit P-27, #35 Exhibit P-28, #36 Exhibit P-29, #37 Exhibit P-30, #38 Exhibit P-31, #39 Exhibit P-35, #40 Exhibit P-39, #41 Exhibit P-41, #42 Exhibit P-42, #43 Exhibit P-43, #44 Exhibit P-44, #45 Exhibit P-45, #46 Exhibit P-46, #47 Exhibit P-48, #48 Exhibit P-50, #49 Exhibit P-51, #50 Exhibit P-52, #51 Exhibit P-53, #52 Exhibit P-54, #53 Exhibit P-55, #54 Exhibit P-56, #55 Exhibit P-57, #56 Exhibit P-58, #57 Exhibit P-59, #58 Exhibit P-60, #59 Exhibit P-61, #60 Exhibit P-62, #61 Exhibit P-63, #62 Exhibit P-64, #63 Exhibit P-65, #64 Exhibit P-66, #65 Exhibit P-67, #66 Exhibit P-68, #67 Exhibit P-69, #68 Exhibit P-70, #69 Exhibit P-71, #70 Exhibit P-72, #71 Exhibit P-73, #72 Exhibit P-74, #73 Exhibit P-75, #74 Exhibit P-76, #75 Exhibit P-78, #76 Exhibit P-84, #77 Exhibit P-85, #78 Exhibit P-86, #79 Exhibit P-87, #80 Exhibit P-88, #81 Exhibit P-91, #82 Exhibit P-94, #83 Exhibit P-95, #84 Exhibit P-96, #85 Certificate of Service)(Chipchase, Calvert) |
| Filing 119 MOTION in Limine (DEFENDANT EC PAIA LLC'S MOTION IN LIMINE #3 TO PRECLUDE EVIDENCE OF AUDIO RECORDING MADE IN VIOLATION OF CALIFORNIA PENAL CODE 632) Calvert G. Chipchase, IV appearing for Defendant EC PAIA LLC (Attachments: #1 Memorandum, #2 Declaration of Counsel, #3 Exhibit A, #4 Declaration of S. Hirbod, #5 Certificate of Service)(Chipchase, Calvert) |
| Filing 118 MOTION in Limine (DEFENDANT EC PAIA LLCS MOTION IN LIMINE #2 TO EXCLUDE EVIDENCE AND ARGUMENT RELATED TO DAMAGES NOT PROXIMATELY CAUSED BY THE FAILURE TO TRANSFER A COMMERCIAL LOT AND A RESIDENTIAL LOT) Calvert G. Chipchase, IV appearing for Defendant EC PAIA LLC (Attachments: #1 CERTIFICATE OF SERVICE)(Chipchase, Calvert) |
| Filing 117 MOTION in Limine (DEFENDANT EC PAIA LLCS MOTION IN LIMINE #1 TO EXCLUDE EVIDENCE AND ARGUMENT OF ANY OBLIGATION UNDER AND ALLEGED BREACH OF THE PARKING LOT AGREEMENT AND ANY ALLEGED PERFORMANCE OR NONPERFORMANCE OF THE OBLIGATIONS IN THE PARKING LOT AGREEMENT) Calvert G. Chipchase, IV appearing for Defendant EC PAIA LLC (Attachments: #1 CERTIFICATE OF SERVICE)(Chipchase, Calvert) |
| Filing 116 Designation of Transcripts (DEFENDANT EC PAIA LLCS OBJECTIONS TO PLAINTIFFS DEPOSITION DESIGNATION OF RORY FRAMPTONS TESTIMONY, TAKEN AUGUST 31, 2021, FILED OCTOBER 12, 2021 [DKT. 101], AND COUNTERDESIGNATIONS). filed by EC PAIA LLC. (Attachments: #1 Exhibit RORY FRAMPTON TESTIMONY, #2 CERTIFICATE OF SERVICE)(Chipchase, Calvert) Modified on 10/21/2021 (jo) |
| Filing 115 Designation of Transcripts (DEFENDANT EC PAIA LLCS OBJECTIONS TO PLAINTIFFS DEPOSITION DESIGNATION OF SAM HIRBODS TESTIMONY, DATED 02/24/2021, FILED OCTOBER 12, 2021 [DKT.100], AND COUNTERDESIGNATIONS). filed by EC PAIA LLC. (Attachments: #1 Exhibit SAM HIRBODS TESTIMONY, #2 CERTIFICATE OF SERVICE)(Chipchase, Calvert) Modified on 10/21/2021 (jo) |
| Filing 114 Designation of Transcripts [PLAINTIFFS/COUNTERCLAIM DEFENDANTS' COUNTER DEPOSITION DESIGNATION AS TO SARAH SPARKS' ORAL DEPOSITION TESTIMONY TAKEN ON SEPTEMBER 1, 2021]. filed by Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC.(Revere, Terrance) |
| Filing 113 First Amended Witness List. filed by EC PAIA LLC.(Chipchase, Calvert) Modified on 10/19/2021 (jo) |
| Filing 112 EP: TELEPHONIC STATUS CONFERENCE Ms. Mr. Terrance Revere and Ms. Magdelena Bajon appeared for Plaintiffs.Ms. Lisa Swartzfager, Ms. Lindsay McAneeley, and Mr. Calvert Chipchase appeared for Defendant.The Court held a Telephonic Status Conference.Discussion held regarding parties' positions on if a virtual civil bench trial would be appropriate in this case. The total number of witnesses to be called to testify at trial is 13 and the trial is anticipated to last five days. Court to provide further guidance on trial forum. (ATT / 11:00 a.m. - 11:25 a.m.) (MAGISTRATE JUDGE WES REBER PORTER)(jp) |
| Filing 111 NOTICE of Appearance by Lindsay Nash McAneeley on behalf of EC PAIA LLC on behalf of EC PAIA LLC. (McAneeley, Lindsay) |
| Filing 110 EO: At the 10/18/21 Telephonic Status Conference, the parties should be prepared to address: (i) the total number of witnesses who will be called to testify at trial;(ii) the expected number of individuals seated at each counsel table during trial;(iii) each individual who will have to travel to Oahu to be present at trial; (iv) the anticipated length of trial; and (v) the parties' positions regarding whether a virtual civil bench trial would be appropriate in this matter. (MAGISTRATE JUDGE WES REBER PORTER)(jp) |
| Filing 109 EO: The Court sets a Telephone Status Conference for 10/18/2021 at 11:00 AM before MAGISTRATE JUDGE WES REBER PORTER via AT&T Connect Audio Conference at 1-888-278-0296 / Access Code: 8224751. (MAGISTRATE JUDGE WES REBER PORTER)(jp) |
| Filing 108 Exhibit List - PARTIES' JOINT EXHIBIT LIST (AUTHENTICITY ONLY). filed by Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC.(Revere, Terrance) |
| Filing 107 Exhibit List - Parties' Joint Exhibit List. filed by Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC.(Revere, Terrance) |
| Filing 106 Exhibit List (Plaintiffs' Contested Exhibit List). filed by Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC.(Revere, Terrance) |
| Filing 105 Exhibit List (Defendant EC Paia LLC's Contested Exhibit List). filed by EC PAIA LLC.(Chipchase, Calvert) |
| Filing 104 Designation of Transcripts . filed by EC PAIA LLC.(Chipchase, Calvert) |
| Filing 103 Witness List. filed by EC PAIA LLC.(Chipchase, Calvert) |
| Filing 102 Witness List. filed by Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC. (Attachments: #1 Certificate of Service CERTIFICATE OF SERVICE)(Revere, Terrance) |
| Filing 101 Designation of Transcripts of Rory Frampton, Dated 08/31/2021. filed by Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC.(Revere, Terrance) |
| Filing 100 Designation of Transcripts of Sam Hirbod, Dated 02/24/2021. filed by Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC.(Revere, Terrance) |
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Filing 99
ORDER DENYING DEFENDANT EC PAIA LLC'S MOTION FOR A PROTECTIVE ORDER PURSUANT TO THE FRCP RULE 26(c)(1) re: #92 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 10/7/2021. For the foregoing reasons, the Court DENIES Defendant's Motion for a Protective Order Pursuant to the FRCP Rule 26(c)(1) and directs Defendant to file a motion in limine at the appropriate time given the relief sought. (jo)
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| Filing 98 REPLY re #92 MOTION for Protective Order Defendant EC Paia LLC's Reply Memorandum in Support of Motion for Protective Order [Doc. 92]; Declaration of Calvert G. Chipchase; Exhibit A; Certificate of Compliance with Local Rule 7.5; Certificate of Service filed by EC PAIA LLC. (Attachments: #1 Declaration of Calvert G. Chipchase, #2 Exhibit A, #3 Certificate of Compliance with Local Rule 7.5, #4 Certificate of Service)(Chipchase, Calvert) |
| Filing 97 Plaintiffs' MEMORANDUM in Opposition re #92 MOTION for Protective Order filed by Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC. (Attachments: #1 Declaration of Michael Baskin, #2 Exhibit A, #3 Exhibit B, #4 Certificate of Service)(Revere, Terrance) Docket Text Modified on 9/9/2021 (jni) |
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Filing 96
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT EC PAIA LLC'S MOTION FOR SUMMARY JUDGMENT re: #69 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 8/27/2021. For the foregoing reasons, Defendant EC Paia LLC's Motion for Summary Judgment is GRANTED IN PART AND DENIED IN PART as follows: The Motion is DENIED as to Plaintiffs' claim for breach of the Land Agreement. The Motion is GRANTED as to any claim of anticipatory breach of the agreement implied in Plaintiff's claim for breach but not plead. The Motion is GRANTED in favor of Defendant as to Plaintiff's claim for promissory estoppel. The Motion is GRANTED in favor of Defendant as to Plaintiff's claims for intentional and negligent misrepresentation. (jo)
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| Filing 95 CERTIFICATE OF SERVICE by Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC [RE: Plaintiffs' Second Amended Notice of Taking Deposition Upon Oral Examination, dated August 19, 2021 (RE: Rory Frampton)] (Revere, Terrance) |
| Filing 94 CERTIFICATE OF SERVICE by EC PAIA LLC RE: EC PAIA'S THIRD AMENDED NOTICE OF TAKING DEPOSITION OF SARAH SPARKS] (Swartzfager, Lisa) |
| Filing 93 EO: Pursuant to Local Rule 7.1(c), the Court elects to decide Defendant's Motion for Protective Order without a hearing and directs briefing as follows: any opposition shall be filed by 9/07/2021; reply shall be filed by 9/21/2021. (MAGISTRATE JUDGE WES REBER PORTER)(jp) |
| Filing 92 MOTION for Protective Order Lisa Katherine Swartzfager appearing for Defendant EC PAIA LLC (Attachments: #1 Memorandum, #2 Declaration, #3 Certificate of Service)(Swartzfager, Lisa) |
| Filing 91 EP: TELEPHONIC MOTION HEARING ON DEFENDANT EC PAIA LLC'S MOTION FOR SUMMARY JUDGMENTMr. Terrance M. Revere and Ms. Magdalena Bajon appeared for the plaintiffs. Ms. Lisa Katherine Swartzfager, Mr. Calvert G. Chipchase, and Ms. Linda Tran, corporate counsel for EC PAIA LLC, appeared for the defendants. The Court held a telephonic motion hearing on Defendant EC PAIA LLC's Motion for Summary Judgment, ECF No. #69 . Discussion held. Defendant EC PAIA LLC's Motion for Summary Judgment, ECF No. #69 , was taken under advisement. The Court will issue a written order. (ATT / 10:00am - 11:10am) (MAGISTRATE JUDGE WES REBER PORTER)(jp) |
| Filing 90 EO: The Court CONTINUES the Telephonic Hearing on Defendant EC Paia LLC's Motion for Summary Judgment, ECF No. 69, before Magistrate Judge Wes Reber Porter set for 8/12/2021 at 9:00 a.m. to 10:00 a.m. on the same date 8/12/2021. Please dial in 10 minutes prior to scheduled conference start time:1. Dial 1-888-278-02962. Enter your Access Code (8224751) (MAGISTRATE JUDGE WES REBER PORTER)(jp) |
| Filing 89 CERTIFICATE OF SERVICE by EC PAIA LLC [Re: EC Paia LLC's Second Amended Notice of Taking Deposition Upon Oral Examination re S. Sparks] (Swartzfager, Lisa) |
| Filing 88 CERTIFICATE OF SERVICE by EC PAIA LLC [Re: EC Paia LLC's Second Amended Notice of Taking Deposition Upon Oral Examination re M. Baskin] (Swartzfager, Lisa) |
| Filing 87 CERTIFICATE of Counsel CERTIFICATE OF SERVICE [RE: PLAINTIFFS FIRST AMENDED NOTICE OF TAKING DEPOSITION UPON ORAL EXAMINATION, DATED AUGUST 03, 2021][RE: Deponent: Rory Frampton]. (Revere, Terrance) |
| Filing 86 REPLY re #83 Supplement, [RE: THE CHOICE OF LAW PROVISION IN THE LAND AGREEMENT] filed by EC PAIA LLC. (Attachments: #1 Certificate of Service)(Chipchase, Calvert) |
| Filing 85 CERTIFICATE OF SERVICE by EC PAIA LLC [Amended Notice of Taking Deposition Upon Oral Examination re: S. Sparks] (Swartzfager, Lisa) |
| Filing 84 CERTIFICATE OF SERVICE by EC PAIA LLC [Amended Notice of Taking Deposition Upon Oral Examination re: M. Baskin] (Swartzfager, Lisa) |
| Filing 83 SUPPLEMENT re 79 Set Motion Deadlines/Hearings (inc F&R),,, by Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC PLAINTIFFS RESPONSIVE SUPPLEMENTAL BRIEF ADDRESSING THE CHOICE OF LAW PROVISION IN THE LAND AGREEMENT; CERTIFICATE OF SERVICE. (Attachments: #1 Certificate of Service)(Revere, Terrance) |
| Filing 82 EP: Settlement Conference held on 07/21/2021. The Court met with the parties. Settlement discussions held. No settlement reached at this time. Further discussions on call. (Video Tele-Conference (VTC) - no record 10:00 - 10:50) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb) |
| Filing 81 MEMORANDUM SUPPLEMENTAL BRIEF re #69 MOTION for Summary Judgment filed by EC PAIA LLC. (Attachments: #1 Declaration of Sam Hirbod, #2 Certificate of Service)(Chipchase, Calvert) Modified on 7/20/2021 (jo) |
| Filing 80 CERTIFICATE OF SERVICE by Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC (Revere, Terrance) |
| Filing 79 EO: No later than 7/19/2021, Defendant shall file a Supplemental Brief, no more than 6 pages, addressing the choice of law provision in the Land Agreement, paragraph 7.1, and how that provision applies to the breach of contract claim. No later than 7/26/2021, Plaintiffs shall file a Responsive Supplemental Brief, no more than 6 pages, addressing the same issues. Defendant may file a Reply Supplemental Brief, no more than 3 pages, no later than 7/29/2021. All supplemental briefing shall be limited to the choice of law provision in the Land Agreement, paragraph 7.1; no other issues may be raised in the supplemental briefing.The Telephonic Hearing on Defendant EC Paia LLC's Motion for Summary Judgment, ECF No. #69 , is CONTINUED from 7/27/2021 to 8/12/2021 at 9:00 a.m. before Magistrate Judge Wes Reber Porter via AT&T Connect Audio Conference at 1-888-278-0296, Access Code 8224751. (MAGISTRATE JUDGE WES REBER PORTER)(jp) |
| Filing 78 RESPONSE in Support re #69 MOTION for Summary Judgment Separate and Concise Statement of Facts filed by EC PAIA LLC. (Attachments: #1 Declaration of Lisa K. Swartzfager; Exhibits H & I, #2 Certificate of Service)(Chipchase, Calvert) Modified on 7/14/2021 (jo) |
| Filing 77 REPLY re #69 MOTION for Summary Judgment filed by EC PAIA LLC. (Attachments: #1 Certificate of Service)(Chipchase, Calvert) |
| Filing 76 CERTIFICATE OF SERVICE by EC PAIA LLC of Defendant EC Paia LLC's Notice of Taking Deposition Upon Oral Examination re: Michael Baskin (Swartzfager, Lisa) |
| Filing 75 CERTIFICATE OF SERVICE by EC PAIA LLC of Defendant EC Paia LLC's Notice of Taking Deposition Upon Oral Examination re: Sarah Sparks (Swartzfager, Lisa) |
| Filing 74 Return of Service on Subpoena Randall Endo was served on 03/08/2021 (Revere, Terrance) |
| Filing 73 CONCISE STATEMENT in Opposition re #69 MOTION for Summary Judgment filed by Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC. (Attachments: #1 Declaration of Michael Baskin, #2 Declaration of Counsel, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 11 (1 of 2), #13 Exhibit 11 (2 of 2), #14 Certificate of Service)(Revere, Terrance) |
| Filing 72 MEMORANDUM in Opposition re #69 MOTION for Summary Judgment filed by Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC. (Attachments: #1 Certificate of Service)(Revere, Terrance) |
| Filing 71 NOTICE of Hearing on Defendant EC Paia LLC's Motion for Summary Judgment, ECF No. #69 : Telephonic Hearing set for 9:00 a.m. on 7/27/2021 before Magistrate Judge Wes Reber Porter via AT&T Connect Audio Conference at 1-888-278-0296, Access Code 8224751. The Court DIRECTS briefing as follows: opposition, including a concise statement in compliance with Local Rule 56.1(e), shall be filed no later than 7/1/2021; reply shall be filed by 7/9/2021. (MAGISTRATE JUDGE WES REBER PORTER)(jp) |
| Filing 70 CONCISE STATEMENT in Support re #69 MOTION for Summary Judgment filed by EC PAIA LLC. (Attachments: #1 Declaration of Hamed Adib, #2 Declaration of Lisa Swartzfager, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Certificate of Service)(Chipchase, Calvert) |
| Filing 69 MOTION for Summary Judgment Calvert G. Chipchase, IV appearing for Defendant EC PAIA LLC (Attachments: #1 Memorandum In Support of Motion, #2 Declaration of Lisa K. Swartzfager, #3 Certificate of Word Count, #4 Certificate of Service)(Chipchase, Calvert) Modified on 6/22/2021 (jo) |
| Filing 68 Return of Service on Subpoena The Sayles Team was served on 03/15/2021 (Revere, Terrance) |
| Filing 67 Return of Service on Subpoena Coldwell Banker Island Properties was served on 03/15/2021 (Revere, Terrance) |
| Filing 66 Return of Service on Subpoena Dano Sayles was served on 03/15/2021 (Revere, Terrance) |
| Filing 65 Return of Service on Subpoena Alexander & Baldwin, Inc. was served on 03/08/2021 (Revere, Terrance) |
| Filing 64 CERTIFICATE OF SERVICE by RORY FRAMPTON, RORY FRAMPTON CONSULTING, INC. Re Non-Parties Rory Frampton and Rory Frampton Consulting, Inc.'s Responses and Objections to Plaintiffs' Notice of Taking Deposition Upon Written Interrogatories and Subpoena (Chipchase, Calvert) |
| Filing 63 ACKNOWLEDGEMENT OF SERVICE Executed by David A. Imanaka on behalf of Non-Party Deponents Alexander & Baldwin, Inc, Charles Loomis and Randall Endo Acknowledgement filed by Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC. (Revere, Terrance) |
| Filing 62 CERTIFICATE OF SERVICE by Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC [Plaintiffs Notice Of Taking Deposition Upon Written Interrogatories, Dated 03/03/21 (Re: Deponents: Rory Frampton, Rory FramptonConsulting Inc.)] (Revere, Terrance) |
| Filing 61 CERTIFICATE OF SERVICE by Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC [Plaintiffs Notice Of Taking Deposition Upon Written Interrogatories, Dated 03/03/21 (Re: Deponents: Mancini, Welch & Geiger LLP, A Limited Liability Law Partnership; Thomas D. Welch, Jr.)] (Revere, Terrance) |
| Filing 60 CERTIFICATE OF SERVICE by Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC [Plaintiffs First Amended Notice Of Taking Deposition Upon Written Interrogatories (Re: [Deponents: Dano Sayles; Re/Max Lifestyle; The Sayles Team; and Coldwell Banker Island Properties] (Revere, Terrance) |
| Filing 59 CERTIFICATE OF SERVICE by Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC [RE: Plaintiffs Notice Of Taking Deposition Upon Written Interrogatories (Re: Deponents: Alexander & Baldwin, Inc., Hawaii Domestic Profit Corporation; Charles Loomis; and Randall Endo)] (Revere, Terrance) |
| Filing 58 CERTIFICATE OF SERVICE by Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC [RE: PLAINTIFF/COUNTERCLAIM DEFENDANT MICHAEL S. BASKINS RESPONSE TO DEFENDANT/COUNTERCLAIMANT EC PAIA LLCS FIRST REQUEST FOR ANSWERS TO INTERROGATORIES TO PLAINTIFF MICHAEL S. BASKIN, dated 02/25/21] (Revere, Terrance) |
| Filing 57 CERTIFICATE OF SERVICE by Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC [RE: PLAINTIFF/COUNTERCLAIM DEFENDANT MICHAEL S. BASKIN'S RESPONSE TO DEFENDANT/COUNTERCLAIMANT EC PAIA LLCS FIRST REQUEST FOR ADMISSIONS TO PLAINTIFF MICHAEL S. BASKIN, DATED 02/26/21] (Revere, Terrance) |
| Filing 56 CERTIFICATE OF SERVICE by Seashore Properties LLC re #44 Certificate of Service PLAINTIFF SEASHORE PROPERTIES LLC'S RESPONSE TO DEFENDANT EC PAIA LLC'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO PLAINTIFF SEASHORE PROPERTIES LLC, DATED JANUARY 27, 2021 (Revere, Terrance) |
| Filing 55 CERTIFICATE OF SERVICE by Paia Properties, LLC re #44 Certificate of Service PLAINTIFF PAIA PROPERTIES, LLC'S RESPONSE TO DEFENDANT EC PAIA LLC'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO PLAINTIFF PAIA PROPERTIES, LLC, DATED JANUARY 27, 2021 (Revere, Terrance) |
| Filing 54 CERTIFICATE OF SERVICE by Paia Park, LLC re #44 Certificate of Service PLAINTIFF PAIA PARK, LLC'S RESPONSE TO DEFENDANT EC PAIA LLC'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO PLAINTIFF PAIA PARK, LLC, DATED JANUARY 27, 2021 (Revere, Terrance) |
| Filing 53 CERTIFICATE OF SERVICE by Paia Bay Properties LLC re #44 Certificate of Service PLAINTIFF PAIA BAY PROPERTIES, LLC'S RESPONSE TO DEFENDANT EC PAIA LLC'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO PLAINTIFF PAIA BAY PROPERTIES, LLC, DATED JANUARY 27, 2021 (Revere, Terrance) |
| Filing 52 CERTIFICATE OF SERVICE by Michael S. Baskin re #44 Certificate of Service PLAINTIFF MICHAEL S. BASKIN'S RESPONSE TO DEFENDANT EC PAIA LLC'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO PLAINTIFF MICHAEL S. BASKIN, DATED JANUARY 27, 2021 (Revere, Terrance) |
| Filing 51 CERTIFICATE OF SERVICE by Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC re #46 Certificate of Service, [EFILER CORRECTION RE: CERTIFICATE OF SERVICE RE: PLAINTIFFS NOTICE OF TAKING DEPOSITION UPON WRITTEN INTERROGATORIES, DATED FEBRUARY 11, 2021, DATED. 02/17/2021] (Revere, Terrance) |
| ADVISORY ENTRY-Incorrect Attorney Filer- Please be advised that Document #46 Certificate of Service 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. (jo) |
| Filing 50 Return of Service on Subpoena Custodian of Records for Re/Max Lifestyle was served on 02/11/2021 (Revere, Terrance) |
| Filing 49 Return of Service on Subpoena Custodian of Records for Coldwell Banker Island Properties was served on 02/11/2021 (Revere, Terrance) |
| Filing 48 Return of Service on Subpoena Custodian of Records for The Sayles Team was served on 02/11/2021 (Revere, Terrance) |
| Filing 47 Return of Service on Subpoena Dano Sayles was served on 02/11/2021 (Revere, Terrance) |
| Filing 46 CERTIFICATE OF SERVICE by Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC [RE: Plaintiffs' Notice of Taking Deposition Upon Written Interrogatories Re: Dano Sayles, et al.] (Revere, Terrance) |
| Filing 45 CERTIFICATE OF SERVICE by Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC [RE: PLAINTIFFS/COUNTERCLAIM DEFENDANTS NOTICE OF TAKING DEPOSITION UPON ORAL EXAMINATION RE: SAM HIRBOD] (Revere, Terrance) |
| Filing 44 CERTIFICATE OF SERVICE by EC PAIA LLC [Re: EC Paia's First Set of Request for Admission and Request for Answer to Interrogatories to M. Baskin, and Request for Production to all 5 Plaintiffs] (Swartzfager, Lisa) |
| Filing 43 Plaintiffs' ANSWER to #42 Answer to Amended Complaint,, Counterclaim, by Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC. (Attachments: #1 Certificate of Service)(Revere, Terrance) |
| Filing 42 Defendant/Counterclaimant EC Paia LLC's ANSWER to #28 Amended Complaint, filed September 10, 2020, COUNTERCLAIM against All Plaintiffs by EC PAIA LLC. (Attachments: #1 Certificate of Service)(Chipchase, Calvert) |
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Filing 41
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT EC PAIA LLC'S MOTION FOR PARTIAL DISMISSAL OF PLAINTIFFS' FIRST AMENDED COMPLAINT re: #29 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 11/13/2020. Defendant EC Paia LLC's Motion for Partial Dismissal of Plaintiffs' First Amended Complaint is GRANTED IN PART AND DENIED IN PART as follows: The Motion is GRANTED as to Count III (Breach of the Covenant of Good Faith and Fair Dealing), Count IV (Breach of Fiduciary Duty / Quasi Fiduciary Duty), and Count V (HRS Ch. 480 UDAP and UMOC), which are DISMISSED WITH PREJUDICE. The Motion is DENIED as to Count VI (Intentional Misrepresentation) and Count VI (Negligent Misrepresentation). (jo)
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| Filing 40 REPLY re #29 MOTION to Dismiss Motion for Partial Dismissal of Plaintiffs' First Amended Complaint filed by EC PAIA LLC. (Attachments: #1 Certificate of Service)(Chipchase, Calvert) |
| Filing 39 MEMORANDUM in Opposition re #29 MOTION to Dismiss Motion for Partial Dismissal of Plaintiffs' First Amended Complaint ;Certificate of Compliance, filed by Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC. (Attachments: #1 Certificate of Service)(Revere, Terrance) |
| Filing 38 CERTIFICATE OF SERVICE by EC PAIA LLC Re Defendant EC Paia LLC's Response to Plaintiffs' First Request for Production of Documents and Things Dated September 10, 2020 (Chipchase, Calvert) |
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Filing 37
RULE 16 SCHEDULING ORDER - Signed by MAGISTRATE JUDGE WES REBER PORTER on 10/6/2020. (jo)
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| Filing 36 EP: TELEPHONIC RULE 16 SCHEDULING CONFERENCETelephonic Rule 16 Scheduling Conference held. A Rule 16 Scheduling Order to be issued. Non-Jury Trial is set for 11/16/2021 at 09:00 AM in Courtroom 7 before MAGISTRATE JUDGE WES REBER PORTER. Final Pretrial Conference is set for 11/2/2021 at 10:00 AM before MAGISTRATE JUDGE WES REBER PORTER. Settlement Conference is set for 7/21/2021 at 10:00 AM before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Dispositive Motions filed by 6/16/2021. Discovery due by 8/10/2021. (ATT / 9:00 a.m. - 9:05 a.m.) (MAGISTRATE JUDGE WES REBER PORTER)(jp) |
| Filing 35 INITIAL DISCLOSURE by Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC. (Revere, Terrance) |
| Filing 34 Scheduling Conference Statement of Plaintiffs. (Revere, Terrance) |
| Filing 33 REPORT of Planning Meeting JOINT REPORT pursuant to FRCP Rule 26(f). (Revere, Terrance) |
| Filing 32 INITIAL DISCLOSURE by EC PAIA LLC. (Attachments: #1 Certificate of Service)(Chipchase, Calvert) |
| Filing 31 Defendant EC Paia LLC's Scheduling Conference Statement (Attachments: #1 Certificate of Service)(Chipchase, Calvert) Docket Text Modified on 9/30/2020 (jo) |
| Filing 30 EO: The Court sets the following briefing schedule as to Defendant EC Paia LLC's Motion for Partial Dismissal of Plaintiffs' First Amended Complaint, ECF No. 29: opposition shall be filed no later than October 19, 2020; reply shall be filed no later than November 2, 2020. Thereafter, the Court will determine whether to set a hearing or to resolve the Motion without a hearing.(MAGISTRATE JUDGE WES REBER PORTER)(agh) |
| Filing 29 MOTION to Dismiss Motion for Partial Dismissal of Plaintiffs' First Amended Complaint Calvert G. Chipchase, IV appearing for Defendant EC PAIA LLC (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Linda Tran, #3 Exhibit A, #4 Exhibit B, #5 Certificate of Compliance with Local Rules 7.5, #6 Certificate of Service)(Chipchase, Calvert) |
| Filing 28 First AMENDED COMPLAINT against All Defendants, filed by Paia Properties, LLC, Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Seashore Properties LLC. (Attachments: #1 Exhibit A, #2 CERTIFICATE OF COMPLIANCE, #3 Certificate of Service)(Revere, Terrance) Docket Text Modified on 9/11/2020 (jo) |
| Filing 27 CERTIFICATE OF SERVICE by Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC [RE: Plaintiffs First Request For Production Of Documents And Things To Defendant, dated 9/10/20] (Revere, Terrance) |
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Filing 26
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT EC PAIA LLC'S MOTION FOR PARTIAL DISMISSAL OF THE COMPLAINT re: #14 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 8/31/2020. Defendant EC Paia LLC's Motion for Partial Dismissal of the Complaint is GRANTED IN PART AND DENIED IN PART as follows: The Motion is GRANTED as to Count I (Specific Performance), Count II (Declaratory and Injunctive Relief), Count III (Partition), and Count X (Prima Facie Tort), which are DISMISSED WITH PREJUDICE. The Motion is GRANTED as to Count VI (Breach of the Covenant of Good Faith and Fair Dealing), Count VII (Breach of Fiduciary Duty /Quasi Fiduciary Duty), Count VIII (HRS Chapter 480), and Count IX (Intentional and Negligent Misrepresentation), which are DISMISSED WITHOUT PREJUDICE. The Motion is DENIED as to Count V (Promissory Estoppel). Plaintiffs may file an amended complaint in conformity with this Order no later than September 11, 2020. (jo)
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| Filing 25 REPLY re #14 MOTION to Dismiss [Partial] filed by EC PAIA LLC. (Attachments: #1 Certificate of Compliance with Local Rules 7.5, #2 Certificate of Service)(Chipchase, Calvert) |
| Filing 24 EO: The Telephonic Rule 16 Scheduling Conference set for 08/31/2020 is CONTINUED to 10/6/2020 at 09:00AM before MAGISTRATE JUDGE WES REBER PORTER via AT&T Connect Audio Conference at 1-888-278-0296 / Access Code: 8224751. (MAGISTRATE JUDGE WES REBER PORTER)(mrf) |
| Filing 23 MEMORANDUM in Opposition re #14 MOTION to Dismiss [Partial] filed by Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC. (Revere, Terrance) |
| Filing 22 EO: The Court sets the following briefing schedule for Defendant's Motion for Partial Dismissal of the Complaint, ECF No. #14 : opposition shall be filed no later than July 24, 2020; reply shall be filed no later than August 7, 2020. Thereafter, the Court will determine whether to set a hearing or to resolve the Motion without a hearing. (MAGISTRATE JUDGE WES REBER PORTER) (agh) |
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Filing 21
ORDER DENYING PLAINTIFFS' MOTION TO DISQUALIFY THE LAW FIRM OF CADES SCHUTTE LLP re: #15 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 7/9/2020. (jo)
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| Filing 20 RESPONSE in Opposition PLAINTIFFS' REPLY IN SUPPORT re #15 MOTION to Disqualify Counsel filed by Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC. (Attachments: #1 Declaration of Michael Baskin, #2 Declaration of Terrance M. Revere, #3 Exhibit A, #4 Exhibit B, #5 Certificate of Service)(Revere, Terrance) Docket Text Modified on 7/6/2020 (jo) |
| Filing 19 EO: In light of the pending motion to dismiss, ECF No. #14 and pending motion to disqualify counsel, ECF No. #15 , the Court finds good cause to CONTINUE the Telephonic Rule 16 Scheduling Conference from 7/07/2020 to 8/31/2020 at 09:30AM. The Court will be using AT&T Connect Audio Conference at 1-888-278-0296, Access Code 8224751.(MAGISTRATE JUDGE WES REBER PORTER)(mrf) |
| Filing 18 STATEMENT in Opposition re #15 MOTION to Disqualify Counsel filed by EC PAIA LLC. (Attachments: #1 Declaration of Calvert G. Chipchase, #2 Appendix A, #3 Declaration of Roy A. Vitousek III, #4 Declaration of Christopher T. Goodin, #5 Declaration of Linda Tran, #6 Exhibit A, #7 Exhibit B, #8 Exhibit C, #9 Exhibit D, #10 Exhibit E, #11 Exhibit F, #12 Exhibit G, #13 Exhibit H, #14 Exhibit I, #15 Exhibit J, #16 Exhibit K, #17 Exhibit L, #18 Exhibit M, #19 Exhibit N, #20 Exhibit O, #21 Exhibit P, #22 Certificate of Compliance with Local Rule 7.5, #23 Certificate of Service)(Chipchase, Calvert) |
| Filing 17 EO: Finding good cause in support thereof, the Court GRANTS Defendant's Motion for First Extension of Time to File an Answer or Otherwise Respond to the Complaint, ECF No. #8 . Defendant's Motion for Partial Dismissal of the Complaint, filed on May 26, 2020, is deemed timely. See ECF No. #14 .The Court sets the following briefing schedule as to Plaintiffs' Motion to Disqualify the Law Firm of Cades Schutte LLP, ECF No. #15 : opposition shall be filed no later than June 18, 2020; reply shall be filed no later than July 2, 2020. Thereafter, the Court will determine whether to set a hearing or to resolve the Motion without a hearing.After the Motion to Disqualify is resolved, the Court will set a briefing schedule and hearing date for Defendant's Motion for Partial Dismissal, ECF No. #14 . IT IS ORDERED (MAGISTRATE JUDGE WES REBER PORTER)(mrf) |
| Filing 16 REPLY re #13 Memorandum in Opposition to Motion, for Extension of Time to File An Answer or Otherwise Respond to Complaint filed by EC PAIA LLC. (Attachments: #1 Certificate of Service)(Chipchase, Calvert) |
| ADVISORY ENTRY-Exhibits Not Attached as Separate PDF'S - Please be advised that the exhibits included in Document #13 Memorandum in Opposition to Motion were 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. No further action necessary. (jo) |
| ADVISORY ENTRY-Exhibits Not Attached as Separate PDF'S - Please be advised that the exhibits included in Document #14 MOTION to Dismiss [Partial] were 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. No further action necessary. (jo) |
| Filing 15 MOTION to Disqualify Counsel Terrance M. Revere appearing for Plaintiffs Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC (Attachments: #1 Memorandum In Support of Motion, #2 Declaration of Michael S. Baskin, #3 Declaration of Counsel, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Certificate of Compliance, #10 Certificate of Service)(Revere, Terrance) |
| Filing 14 MOTION to Dismiss [Partial] Calvert G. Chipchase, IV appearing for Defendant EC PAIA LLC (Attachments: #1 Declaration of Linda Tran, #2 Exhibits A and B, #3 Certificate of Service)(Chipchase, Calvert) Docket Text Modified on 5/29/2020 (jo) |
| Filing 13 MEMORANDUM in Opposition re #8 EX PARTE Motion for First Extension of Time to File an Answer or Otherwise Respond to Complaint filed by Michael S. Baskin, Paia Bay Properties LLC, Paia Park, LLC, Paia Properties, LLC, Seashore Properties LLC. (Revere, Terrance) |
| Filing 12 EO: The Telephonic Rule 16 Scheduling Conference set for 6/15/2020 is CONTINUED to 7/07/2020 at 9:15 AM before MAGISTRATE JUDGE WES REBER PORTER. The Court will be using AT&T Connect Audio Conference at 1-888-278-0296 / Access Code: 8224751. (MAGISTRATE JUDGE WES REBER PORTER)(mrf) |
| Filing 11 CONSENT TO JURISDICTION BY UNITED STATES MAGISTRATE JUDGE by Plaintiffs Michael Baskin, Paia Properties, LLC, Seashore Properties LLC, Paia Bay Properties LLC, Paia Park, LLC and Defendant EC Paia, LLC Please continue to reflect Civil Case Number CV 20-00216 WRP on all further pleadings. (jo) |
| Filing 10 Consent Election Form |
| Filing 9 EO: Pursuant to Local Rule 7.1(c), the Court elects to decide Defendant's #8 Motion for First Extension of Time to Answer or Otherwise Respond to Complaint without a hearing and directs briefing as follows: any opposition shall be filed by 5/26/20; reply shall be filed by 6/2/20. The Court notes that Defendant's Motion is titled "Ex Parte." See ECF No. #8 . "The expression 'ex parte motion' is a term of art. In its pure form it means a request a party makes to the court without any notice to the other side." Mission Power Engineering Co. v. Continental Cas. Co., 883 F. Supp. 488, 490 (C.D. Cal. 1995). Although Defendant's Motion is titled "Ex Parte," it was served on all parties as reflected on the Certificate of Service. See ECF No. 8 at 8. This motion will not be decided on an ex parte basis and any person can oppose such a motion. Accordingly, the Court disregards that portion of the title. (MAGISTRATE JUDGE WES REBER PORTER)(mrf) |
| Filing 8 EX PARTE Motion for First Extension of Time to File an Answer or Otherwise Respond to Complaint Lisa Katherine Swartzfager appearing for Defendant EC PAIA LLC (Swartzfager, Lisa) Docket Entry Modified on 5/19/2020 (jo) |
| Filing 7 Consent Election Form |
| Filing 6 EO: The Telephonic Rule 16 Scheduling Conference set for 6/15/2020 at 9:00AM is ADVANCED to 08:30AM, the same day, before MAGISTRATE JUDGE WES REBER PORTER. The Court will be using AT&T Connect Audio Conference at 1-888-278-0296 / Access Code: 8224751.(MAGISTRATE JUDGE WES REBER PORTER)(mrf) |
| Filing 5 Corporate Disclosure Statement by EC PAIA LLC. (Swartzfager, Lisa) |
| Filing 4 NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE YOU MUST COMPLETE AND FILE THE ATTACHED ELECTION FORM. Each party must indicate consent or decline to consent by completing the attached Election Form and returning it to the Clerk's Office no later than twenty-one 21 days after entry of appearance.In the event a dispositive motion is filed prior to the date on which the submission of the Election Form is required, the parties must return the completed Election Form within seven (7) calendar days after the motion is filed. FILING INSTRUCTIONS: After completing the form, ALL registered CM/ECF participants are now required to e-file this document. Use the event Consent Election Form , found under Civil Events; Other Filings; Consent Election Form. All other parties MUST file the form by mail, or in person, at the Clerks Office: U.S. District Court, 300 Ala Moana Blvd Room C-338 Honolulu, HI 96850, Attention: Consent Clerk. The form can be found on the court's website http://www.hid.uscourts.gov ATTACH THE NOTICE AND ELECTION FORM TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE NOTICE AND ELECTION FORM MUST BE SERVED WITH THE DOCUMENT. (jo) |
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Filing 3
Order Setting Rule 16 Scheduling Conference for 09:00 AM on 6/15/2020 before MAGISTRATE JUDGE WES REBER PORTER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 5/12/2020. (Attachments: #1 Memo from Clerk Re: Corporate Disclosure Statement) 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.(jo)
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| Filing 2 NOTICE of Case Assignment: Please reflect Civil case number CV 20-00216 WRP on all further pleadings. (jo) |
| Filing 1 NOTICE OF REMOVAL by EC PAIA LLC from Second Circuit Court, State of Hawaii, case number 2CCV-20-000097. ( Filing fee $ 400 receipt number 0975-2370141), filed by EC PAIA LLC. (Attachments: #1 Declaration of Calvert G. Chipchase, #2 Exhibit 1, #3 Certificate of Service)(Chipchase, Calvert) |
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