QBE Specialty Insurance Company v. Kane et al
| 1:2022cv00450 |
| January 27, 2023 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| Bankruptcy Withdrawl |
| 28 U.S.C. ยง 0157 Motion for Withdrawal of Reference |
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Filing
123
ORDER ADOPTING THE MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION TO DISMISS CLAIMS BY AND AGAINST INTERPLEADER-DEFENDANT CATHERINE YANNONE re 121 . Signed by JUDGE SUSAN OKI MOLLWAY. (cib)
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Filing
113
ORDER GRANTING IN PART AND DENYING IN PART CHRISTOPHER GOSSERT'S MOTION FOR SUMMARY JUDGMENT; ORDER DENYING PAUL MARINELLI'S AND JEFFERY AU'S MOTIONS FOR PARTIAL SUMMARY JUDGMENT 75 , 79 , 81 , 82 - Signed by JUDGE SUSAN OKI MOLLWAY o n 10/13/2023.The court GRANTS in part and denies in part Gossert's motion for summary judgment, ECF No. 75 , in which Uchiyama joined, ECF No. 79 . The court rules that the Policy terms do not clearly establish a priority of payments am ong Interpleader-Defendants' claims to the interpleaded funds. As such, equitable principles will guide the distribution of the interpleaded funds. Accordingly, the court DENIES Marinelli's and Au's motions for partial summary judgment asto the supremacy of their claims over all others to the interpleaded funds. ECF Nos. 81 , 82 . The parties are ORDERED to file within 14 days ofthis order briefing as to the questions raised in section V.C of this ruling regarding equita ble distribution of the interpleaded funds. The parties are further ORDERED to contact the Magistrate Judge assigned to this case to schedule a settlement conference at the earliest available dateoccurring after the submission of the briefs o rdered here. The Clerk of the Court is DIRECTED to terminate Gossert's Motion for Summary Judgment, ECF No. 75 , Uchiyama's joinder in Gossert's motion, ECF No. 79 , Marinelli's Motion for Partial Summary Judgment, ECF No. 81 , and Au's Motion for Partial Summary Judgment, ECF No. 82 .(cib)
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Filing
48
ORDER REJECTING THE MAGISTRATE JUDGE'S RECOMMENDATION; GRANTING INTERPLEADER-PLAINTIFF QBE SPECIALTY INSURANCE COMPANY'S FIRST AMENDED MOTION FOR LEAVE TO DEPOSIT INTERPLEADER FUNDS, DISCHARGE, AND DISMISSAL WITH PREJUDICE; AND ORDERING LIM ITED INJUNCTION re 12 , 32 . Signed by JUDGE SUSAN OKI MOLLWAY on 1/27/2023. The court, having reviewed QBE's motion de novo, concludes that interpleader is proper. QBE's motion to deposit funds and for discharge and dismissal w ith prejudice is granted to the extent the motion concerns Policy funds. This court enjoins claimants in this case from proceeding in other actions seeking all or part of the Policy funds. QBE is ordered to deposit the remaining Policy balance w ith the Clerk of Court within three working days of the date this order is filed. It appears to this court that the pending claims in other civil actions by Marinelli and Au to Policy funds cannot proceed consistent with this order and must inste ad be litigated in the interpleader action with other claimants to Policy funds. If Marinelli or Au contends otherwise, a written explanation must be filed no later than February 6, 2023. If, without waiving any right to challenge this order in later proceedings, Marinelli or Au agrees that this order precludes pending claims to Policy funds in separate actions, they are directed to state that in writing by the same deadline. If Marinelli so states, this court will deny his pending preliminary i njunction motion and grant QBE's motion to dismiss in Civ. No. 22-00391 to the extent the motion addresses Marinelli's claim to Policy funds. Au is directed to confer with QBE as to the possibility of a stipulation to dismiss any claim to P olicy funds in Civ. No. 22-00557. Such a stipulation could be without prejudice to an appeal by Au to this order when it is appealable. Claims seeking relief other than Policy funds are unaffected by this order. IT IS SO ORDERED. (cib)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF) Modified on 1/27/2023 to add conclusion to the docket text (cib).
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