In Re: Paniolo Cable Company, LLC

Justia Dockets & Filings Ninth Circuit Hawaii District Court In Re: Paniolo Cable Company, LLC

In Re: Paniolo Cable Company, LLC

Case Number:	1:2022cv00426
Filed:	September 29, 2023
Court:	US District Court for the District of Hawaii
Office:	Hawaii Office
Presiding Judge:
Nature of Suit:	Bankruptcy Appeal (801)
Cause of Action:	28 U.S.C. § 0158 Notice of Appeal re Bankruptcy Matter (BAP)

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Date Filed	Document Text
September 29, 2023	Filing 44 ORDER DENYING MOTION TO DISMISS AND AFFIRMING ORDERS OF THE BANKRUPTCY COURT in case 1:22-cv-00426-JAO-KJM; denying (6) Motion to Dismiss in case 1:22-cv-00428-JAO-KJM - Signed by JUDGE JILL A. OTAKE on 9/29/2023. Excerpt of Order Re: Consolidation: Now that the Court has the benefit of the (hundreds of pages of) briefing and already held, effectively, a consolidated Oral Argument, it is apparent that consolidation will promote judicial effici ency and lessen the chance for confusion. The parties, and particularly Appellants, often make similar arguments, or wholly incorporate each other's arguments. Issuing a single order in these now consolidated appeals will allow the Court to a ddress similar arguments together without requiring it to repeat its reasoning across six orders or write six orders with potentially confusing cross references. This consolidated action will now be referenced by the lowest-numbered case, Sandwich Isles Communications, Inc. v. Hawaiian Telcom, Inc., CV No. 22-00426 JAO-KJM, and to the extent any future filings are necessary, they should be made in that case only. Conclusion: For the reasons st ated above, the Court DENIES Hawaiian Telcom's motion to dismiss Clearcom's appeal of the Contempt Order, CV No. 22-428, ECF No. 6. The Court AFFIRMS the Bankruptcy Courts Final Enforcement Order, Reconsideration Order, and Contempt Order in the Main Bankruptcy Appeals. The Court also AFFIRMS the dismissal of the FAC and the denial of the motion to remand as moot in the Adversary Proceeding Appeals. Associated Cases: 1:22-cv-00426-JAO-KJM et al. (eta)

Date Filed

Document Text

September 29, 2023

Filing 44 ORDER DENYING MOTION TO DISMISS AND AFFIRMING ORDERS OF THE BANKRUPTCY COURT in case 1:22-cv-00426-JAO-KJM; denying (6) Motion to Dismiss in case 1:22-cv-00428-JAO-KJM - Signed by JUDGE JILL A. OTAKE on 9/29/2023. Excerpt of Order Re: Consolidation: Now that the Court has the benefit of the (hundreds of pages of) briefing and already held, effectively, a consolidated Oral Argument, it is apparent that consolidation will promote judicial effici ency and lessen the chance for confusion. The parties, and particularly Appellants, often make similar arguments, or wholly incorporate each other's arguments. Issuing a single order in these now consolidated appeals will allow the Court to a ddress similar arguments together without requiring it to repeat its reasoning across six orders or write six orders with potentially confusing cross references. This consolidated action will now be referenced by the lowest-numbered case, Sandwich Isles Communications, Inc. v. Hawaiian Telcom, Inc., CV No. 22-00426 JAO-KJM, and to the extent any future filings are necessary, they should be made in that case only. Conclusion: For the reasons st ated above, the Court DENIES Hawaiian Telcom's motion to dismiss Clearcom's appeal of the Contempt Order, CV No. 22-428, ECF No. 6. The Court AFFIRMS the Bankruptcy Courts Final Enforcement Order, Reconsideration Order, and Contempt Order in the Main Bankruptcy Appeals. The Court also AFFIRMS the dismissal of the FAC and the denial of the motion to remand as moot in the Adversary Proceeding Appeals. Associated Cases: 1:22-cv-00426-JAO-KJM et al. (eta)

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