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04-500 - White, et al v. Sabatino, et al


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04-500 - White, et al v. Sabatino, et al
February 9, 2006
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ORDER Denying Defendant Wallach's Motion for Summary Judgment; Denying Limitation Plaintiff 3090, Inc.'s Claim that Plaintiff White Lacks Standing to File a Motion for Partial Summary Judgment; and Granting Plaintiff White's Motion for Partial Summary Judgment - Signed by Judge ALAN C KAY on 2/9/06 62 74 (emt, )
March 24, 2006
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ORDER Denying Limitation Plaintiff's Motion for Reconsideration of Order Granting Plaintiff's Motion for Partial Summary Judgment 120 - Signed by Judge ALAN C KAY on 3/23/06. (emt, )
July 31, 2006
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ORDER Granting 191 Defendant Ronald E. Wallach's Second Motion for Summary Judgment - Signed by Judge ALAN C KAY on 7/28/06. (emt, )
January 16, 2007
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ORDER GRANTING DEFENDANT'S PETITION FOR DETERMINATION OF GOOD FAITH SETTLEMENT (270) in case 1:04-cv-00500-ACK-LEK; (220) in case 1:05-cv-00025-ACK-LEK. Signed by Judge ALAN C KAY by Magistrate Judge Leslie E. Kobayashi on 1/16/07. Associated Cases: 1:04-cv-00500-ACK-LEK, 1:05-cv-00025-ACK-LEK(eps ) - Defendant Maui Dive's Petition for Determination of Good Faith Settlement, filed November 16, 2006, is HEREBY GRANTED to the extent that this Court finds that the settlement between Plaintiff and Defendant Maui Dive was entered into in good faith. The Court reiterates that, at this point, it expresses no opinion on the effect that the settlement will have in the event that the other defendants are found to be liable for Plaintiff's damages. -Modified on 4/19/2007 to correct reflect that Magistrate Judge Leslie E Kobayashi signed this order(eps ).
March 15, 2007
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ORDER RE. STIPULATION FOR DISMISSAL OF DEFENDANT BOB'S MAUI DIVE SHOP, INC., dba MAUI DIVE SHOP. Signed by Judge ALAN C KAY on 3/15/07. Associated Cases: 1:04-cv-00500-ACK-LEK, 1:05-cv-00025-ACK-LEK(eps ) - The Court grants Plaintiffs leave to file a motion to dismiss the action against Maui Dive Shop pursuant to Rule 41(a)(2), which allows voluntary dismissal by Order of the Court. If a motion is filed pursuant to Rule 41(a)(2), Defendants' opposition shall be filed and served not more than eleven (11) days after service of the motion. Any reply must be filed notmore than eleven (11) days after service of the opposition.
March 16, 2007
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ORDER GRANTING PLAINTIFF'S MOTION TO ADD CRITICAL WITNESS JAMES J. NAVIN, M.D. (323) Motion in case 1:04-cv-00500-ACK-LEK; granting (259) Motion in case 1:05-cv-00025-ACK-LEK. Signed by Judge LESLIE E KOBAYASHI on 3/16/07. Associated Cases: 1:04-cv-00500-ACK-LEK, 1:05-cv-00025-ACK-LEK(eps )
March 21, 2007
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ORDER ADOPTING REPORT of Special Master. Signed by Judge ALAN C KAY on 3/20/07. Associated Cases: 1:04-cv-00500-ACK-LEK, 1:05-cv-00025-ACK-LEK(eps )
May 7, 2007
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FINDINGS AND RECOMMENDATIONS TO GRANT DEFENDANT'S PETITION FOR DETERMINATION OF GOOD FAITH SETTLEMENT - 305 Objections to R&R due by 5/21/2007. Signed by Judge LESLIE E KOBAYASHI on 5/7/07. (eps )
June 29, 2007
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ORDER REJECTING FINDINGS AND RECOMMENDATION TO GRANT DEFENDANT BOB'S MAUI DIVE SHOP'S PETITION FOR DETERMINATION OF GOOD FAITH SETTLEMENT AND FINDING SETTLEMENT IS GOVERNED BY ADMIRALTY LAW for (365 in 1:04-cv-00500-ACK-LEK ). Signed by Judge ALAN C KAY on 6/29/07. Associated Cases: 1:04-cv-00500-ACK-LEK, 1:05-cv-00025-ACK-LEK(eps ) -- the Court rejects the Findings and Recommendation of the Magistrate Judge that Defendant Maui Dive Shop's Petition for Determination of Good Faith Settlement be Granted and finds that the admiralty law governs the settlement between Plaintiff and Maui Dive Shop.
August 24, 2007
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ORDER CLARIFYING LAW GOVERNING PLAINTIFF'S SETTLEMENT WITH CAROLANN SABATINO re (382 in 1:04-cv-00500-ACK-LEK). Signed by Judge ALAN C KAY on 8/24/07. Associated Cases: 1:04-cv-00500-ACK-LEK, 1:05-cv-00025-ACK-LEK(eps ) --(1) Rescinds the January 4, 2005 Order Adopting Magistrate's Finding and Recommendation Granting Plaintiff's Motion for a Determination of Good Faith Settlement; and (2) The Court rejects the Magistrate's December 13, 2004 Finding and Recommendation and holds that admiralty law rather than state law governs the settlement between Plaintiff and Defendant Sabatino.
September 17, 2007
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otion to Seal is granted ORDER REGARDING PLAINTIFF'S EX PARTE MOTION TO SEAL DOCUMENTS 419. Signed by Judge ALAN C KAY on 9/17/07. (eps ) -- The Court concludes that Plaintiff's yet - unfiled Motion to set aside the settlement with Sabatino would be dispositive and therefore, the compelling reasons standard set forth in Kamakana applies to Plaintiff's Motion to Seal. The Motion to Seal does not appear to meet (or even recognize) the compelling reasons standard. Accordingly, leave to file an amended M
September 26, 2007
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ORDER DENYING MOTION FOR RECONSIDERATION OF ORDER CLARIFYING LAW GOVERNING PLAINTIFF'S SETTLEMENT WITH CAROL ANN SABATINO 415. Signed by Judge ALAN C KAY on 9/26/07. (eps )
July 3, 2008
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REPORT OF SPECIAL MASTER On Plaintiff's Objections To Defendant Wallach's Bill of Costs Filed March 24, 2008 - re 507 ; re 506 ; re 505 Objections to F&R due by 7/28/2008. Signed by JUDGE LESLIE E KOBAYASHI. (eps )
August 12, 2008
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's instructions. REPORT OF SPECIAL MASTER ON DEFENDANT & CROSS-CLAIMANT RONALD E. WALLACH'S SUPPLEMENTAL SUBMISSION IN SUPPORT OF HIS BILL OF COSTS TO PLAINTIFF, FILED MARCH 7, 2008 re 505. Signed by JUDGE LESLIE E KOBAYASHI. (eps ) -- this Court, acting as Special Master, FINDS and RECOMMENDS that Defendant Wallach's Supplemental Request, filed July 13, 2008, be GRANTED IN PART AND DENIED IN PART. The Court recommends that the district judge tax costs against Plaintiff in the amount of $559.00. The Court further recommends that the district judge DENY Defendant Wallach's request for in-house copying WITHOUT PREJUDICE, subject to resubmission of a request that is in full compliance with the Local Rules and this Court
September 3, 2008
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ORDER ADOPTING REPORT OF SPECIAL MASTER for (515 in 1:04-cv-00500-ACK-LEK) Findings and Recommendations - Special Master, (512 in 1:04-cv-00500-ACK-LEK) Findings and Recommendations - Special Master.. Signed by JUDGE ALAN C KAY -- the July 3, 2008 and August 12, 2008 special masters reports are adopted as the opinion and order of this court. Associated Cases: 1:04-cv-00500-ACK-LEK, 1:05-cv-00025-ACK-LEK(eps )