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03-385 - Berry v. Hawaiian Express Ser, et al


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03-385 - Berry v. Hawaiian Express Ser, et al
February 27, 2006
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ORDER DENYING 793 PLAINTIFF'S MOTION FOR RECONSIDERATION. Signed by Judge SUSAN OKI MOLLWAY on 2/27/2006. (kmk)
March 9, 2006
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ORDER DENYING 656 PLAINTIFF?S MOTION FOR ISSUANCE OF PERMANENT INJUNCTION AND FOR ORDER DIRECTING RETURN, DESTRUCTION OR OTHER REASONABLE DISPOSITION OF ALL COPIES OF FREIGHT CONTROL SYSTEM. Signed by Judge SUSAN OKI MOLLWAY on 03/09/2006. (kmk)
May 24, 2006
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ORDER DENYING 864 865 879 RENEWED MOTIONS FOR JUDGMENT AS A MATTER OF LAW. Signed by Judge SUSAN OKI MOLLWAY on 5/24/2006. (kmk)
June 5, 2006
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ORDER DENYING PLAINTIFF?S AMENDMENT TO MOTION FOR NEW TRIAL FILED ON 3/21/06 OR IN THE ALTERNATIVE MOTION FOR RECONSIDERATION AND RULE 60(b) RELIEF. Signed by Judge SUSAN OKI MOLLWAY on 06/05/2006. (kmk)
July 6, 2006
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FINDINGS AND RECOMMENDATIONS To Deny Defendants C&S Wholesale Grocers Inc., C&S Acquisition LLC, C&S Logistic LLC, Richard Cohen and ES3 LLC's Motion For Sanctions Pursuant to FED.R.CIV.P. 11 Based On The Plaintiff's And His Counsel's Frivolous "Motion For Recusal" re 991 Objections to R&R due by 7/20/2006. Signed by Judge LESLIE E KOBAYASHI on 7/5/06. (gls, )
July 26, 2006
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ORDER ADOPTING MAGISTRATE'S FINDINGS AND RECOMMENDATION - Denying Defendants C&S's 991 Motion for Sanctions, re 1001 Findings and Recommendations, . Signed by Judge SUSAN OKI MOLLWAY on 7/26/06. (gls, )
October 25, 2006
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Report Of Special Master On Defendants Guidance Software, Inc. And Michael Guzi's Motion For Award Of Attorneys' Fees And Costs And Defendants C&S Logistics Of Hawaii, LLC, C&S Wholesale Grocers, Inc., C&S Acquisitions LLC, Es3, LLC, and Richard Cohen's Motion For Award Of Attorneys' Fees And Full Costs re 899, 880, 858, 874, 871, Objections to R&R due by 11/8/2006. Signed by Judge LESLIE E KOBAYASHI on 10/25/06. "... this Court, acting as Special Master, FINDS and RECOMMENDS that Guidance's Motion for Award of Attorneys' Fees and Costs, filed March 30, 2006, be GRANTED IN PART and DENIED IN PART and that the district court award Guidance attorney's fees in the amount of $47,561.18 and costs in the amount of $4,096.32, for a total award of $51,657.50. The Court recommends that the district court deny Guidance's request for taxable copying costs without prejudice. The Court also FINDS and RECOMMENDS that C&S's Motion for Award of Attorneys' Fees and Full Costs, filed March 23, 2006, be GRANTED IN PART and DENIED IN PART. The Court reommends that the district court award C&S attorney's fees in the amount of $84,758.98 and that the district court deny C&S's request for costs without prejudice."(gls, )
November 29, 2006
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ORDER Denying Plaintiff Wayne Berry's Motion for Order Withdrawing the Reference to the Magistrate Judge of Post-Trial Motions Relating to Attorneys' Fees and Costs 1015 - Signed by Judge SUSAN OKI MOLLWAY on 11/29/06. [A hearing on all objections to the Magistrate Judge's fee and cost reports (both those already issued and those to be issued) is set for Monday, February 26, 2007, at 9:00 AM.] (emt, )
December 4, 2006
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REPORT OF SPECIAL MASTER on 858 Plaintiff Wayne Berry's Motion for Attorney Fees and Full Costs;871 Defendant Post-Confirmation Trust's Motion for Attorneys' Fees and Costs; and 880 Defendant Employees' Motion for Attorneys' Fees and Costs - Signed by Judge LESLIE E KOBAYASHI on 12/4/06. Objections to R&R due by 12/26/2006 [In accordance with the foregoing, this Court, acting as Special Master, FINDS and RECOMMENDS that Plaintiff's Motion for Attorney Fees and Full Costs, filed 3/15/06, be GRANTED IN PART AND DENIED IN PART and that the district court award Plaintiff costs in th amount of $19,986.42 against PCT, Mark Dillon and Teresa Noa. The Court recommends that the district court deny Plaintiff's request for taxable copying costs without prejudice. The Court recommends that the Plaintiff's Motion be denied in all other respects. The Court FINDS and RECOMMENDS that PCT's Motion for Attorneys's Fees and Costs, filed 3/23/06, be GRANTED IN PART AND DENIED IN PART. The Court recommends that the district court award PCT the following amounts in connection with the defense of Count IV: $37,581.53 in attorney's fees incurred by Kirkland & Ellis and $29,102.85 in attorney's fees incurred by Kobayashi, Sugita & Goda, for a total of $66,684.38; and $16,366.92 in costs incurred by Kirkland & Ellis. The Court recommends that the district court deny PCT's request for costs incurred by Kobayashi, Sugita & Goda without prejudice. The Court recommends that the district court award PCT a grand total of $83,051.30. The Court recommends that PCT's Motion be denied in all other respects. The Court FINDS and RECOMMENDS that Employees' Motion for Attorneys' Fees and Costs, filed 3/23/06, be GRANTED IN PART AND DENIED IN PART. The Court recommends that the district court award Employees attorney's fees incurred by Brian Christensen in the amount of $27,507.20, and that the district court deny Employees' request for costs incurred by Christensen without prejudice. The Court recommends that the Employees Motion be denied in all other respects.] (emt, )
March 2, 2007
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ORDER ADOPTING AND MODIFYING THE OCTOBER 25, 2006, AND DECEMBER 4, 2006, REPORTS OF SPECIAL MASTER ON THE PARTIES' MOTIONS FOR ATTORNEYS' FEES AND COSTS 1012, 1017 - Signed by Judge SUSAN OKI MOLLWAY on 3/2/07. (emt, )
July 30, 2007
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ORDER GRANTING DEFENDANTS' MOTION TO COMPEL WAYNE BERRY TO COMPLY WITH ORDER FOR JUDGMENT DEBTOR EXAMINATION 1065 - Signed by Judge LESLIE E KOBAYASHI on 7/30/07. [The Court HEREBY GRANTS Defendants' Motion to Compel Wayne Berry to Comply with Order for Judgment Debtor Examination, filed June 15, 2007. Plaintiff is HEREBY ORDERED to appear personally before the Honorable Leslie E. Kobayashi in her courtroom at the United States District Court for the District of Hawai'i, 300 Ala Moana Boulevard, Honolulu, Hawai'i, at 10:30 a.m. on August 13, 2007 for examination as previously set forth in this Court's May 30, 2007 Order and attached exhibit. Motion terminated: 1065; Judgment Debtor Exam set for 8/13/2007 10:30 AM before JUDGE LESLIE E KOBAYASHI.] (emt, )
August 10, 2007
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ORDER AFFIRMING MAGISTRATE JUDGE ORDER COMPELLING WAYNE BERRY TO COMPLY WITH AN ORDER FOR JUDGMENT DEBTOR EXAMINATION 1075,1078 - Signed by Judge SUSAN OKI MOLLWAY on 8/10/07. [In light of the foregoing, and for the grounds set forth in Magistrate Judge Kobayashi's well-reasoned July 30, 2007, order compelling Berry to attend the August 13, 2007, examination of judgment debtor, that order is AFFIRMED. If Berry does not attend the August 13, 2007, examination of judgment debtor, C&S may move for appropriate relief, including, but not limited to, a request that Berry be held in contempt and be subject to a fine, a sanction, and/or a warrant for his arrest.] (emt, )
September 24, 2008
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FINDINGS AND RECOMMENDATION TO: DENY 1112 DEFENDANT C&S WHOLESALE GROCERS, INC.'S RENEWED EX PARTE MOTION FOR WRIT OF EXECUTION OR IN THE ALTERNATIVE FOR JUDGMENT CREDITOR'S BILL IN EQUITY; DENY 1116 DEFENDANT BRIAN CHRISTENSEN'S JOINDER; AND DENY 1115 DEFENDANT GUIDANCE SOFTWARE, INC.'S JOINDER. Signed by JUDGE LESLIE E KOBAYASHI on 9/24/2008. (afc)
October 16, 2008
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ORDER ADOPTING MAGISTRATE'S FINDINGS AND RECOMMENDATION 1126. Signed by JUDGE DAVID ALAN EZRA on 10/16/2008. Adopting 1126 the "Findings and Recommendation to: Deny 1112 defendant C&S Wholesale Grocers, Inc.'s Renewed Ex Parte Motion for Writ of Execution or in the Alternative for Judgment Creditor's Bill in Equity; Deny 1116 defendant Brian Christensen's Joinder; and Deny 1115 Defendant Guidance Software, Inc.'s Joinder." (afc)
December 16, 2008
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ORDER Granting Defendant's 1128 Motion for Protective Order, Filed November 17, 2008. Signed by JUDGE LESLIE E KOBAYASHI on 12/16/2008. (gab, )