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13-002 - Barnes v. Sea Hawaii Rafting, LLC et al


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13-002 - Barnes v. Sea Hawaii Rafting, LLC et al
November 15, 2013
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ORDER granting in part and denying in part 25 Plaintiff's Motion for Summary Judgment For Payment of Maintenance and Cure. Signed by JUDGE ALAN C KAY on 11/13/2013. (gab, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
April 15, 2014
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ORDER Denying 58 Plaintiff's MOTION for Summary Judgment For Payment of Maintenance. Signed by JUDGE ALAN C KAY on 4/15/14. (gab, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
May 14, 2014
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ORDER Denying 78 Plaintiff's Motion for Reconsideration. Signed by JUDGE ALAN C KAY on 5/14/14. (gab, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
December 22, 2015
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ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AS TO UNSEAWORTHINESS, NEGLIGENCE PER SE, AND FOR JONES ACT NEGLIGENCE, AND DISMISSING DEFENDANT M/V TEHANI FOR LACK OF JURISDICTION re 108 - Signed by JUDGE ALAN C KAY on 12/22/2015. "For the foregoing reasons, the Court GRANTS IN PART AND DENIES IN PART Plaintiff Barnes's Motion for Summary Judgment as to Unseaworthiness, Negligence Per Se, and Jones Act Negligence (Doc. No. 108.) As to Count XII of the First Amended Complaint (Barnes's negligence per se claim), the Court GRANTS the Motion as to Defendant Sea Hawaii Rafting, LLC, but DENIES it as to the remaining Defendants. The Court DENIES the Motion as to Counts I and II. In addition, the Court DISMISSES all claims against Defendant M/V Tehani, in rem, for lack of jurisdiction." (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
December 30, 2015
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ORDER DENYING AS MOOT PLAINTIFF'S MOTION FOR LEAVE TO FILE INTERLOCUTORY APPEAL re: 199. Signed by JUDGE ALAN C KAY on 12/30/2015. (afc) CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). All participants are registered to receive electronic notifications.
May 2, 2018
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te> (eps, )ORDER REGARDING MAINTENANCE Signed by JUDGE ALAN C. KAY on 05/02/2018. See Order Denying Plaintiff's Third Motion for Summary Judgment for Payment of Maintenance, ECF No. 120 at 3 n.2, 12.
May 3, 2018
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ORDER REGARDING PREPAYMENT OF MARSHAL'S EXPENSES. Signed by JUDGE ALAN C. KAY on 05/03/2018. Accordingly, it appears to the Court that prepayment of the marshal's expenses even by a seaman is required under the applicable law. The Court will give the parties seven days from the entry of this order, however, to file any memoranda (of no more than five pages) if they disagree with the Court's conclusion. (eps, )
June 20, 2018
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SECOND ORDER SETTING TRIAL, PRETRIAL CONFERENCE, AND DEADLINES - Signed by JUDGE ALAN C. KAY on 6/20/2018. (emt, )COURT'S CERTIFICATE of Service - Kris Henry, aka Kristin Kimo Henry served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on June 20, 2018. Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Modified on 6/20/2018 (emt, ).
June 20, 2018
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fied on 6/20/2018 (emt, ).ORDER GRANTING MAINTENANCE AMOUNT CURRENTLY DUE TO PLAINTIFF BARNES BY DEFENDANT SEA HAWAII RAFTING, LLC re 327 - Signed by JUDGE ALAN C. KAY on 6/20/2018. In accordance with the Ninth Circuit's directive and this Court's minute order filed May 31, 2018, ECF No. 324, and based upon the above earlier orders and findings by this Court, the Court FINDS AND ORDERS that Defendant SHR, in personam, owes Plaintiff Barnes for: (1) Maintenance from July 3, 2012 to June 20, 2018 (a total of 2,179 days), which, at the rate of $34 per day, and subtracting maintenance payments that SHR has already made, 2 is the sum of $72,160.34 subject to (1) potential upward increase at trial and (2) a determination whether Plaintiff Barnes has reached maximum cure on an earlier date; and (2) Additional maintenance at the rate of $34 per day will be ordered, subject to potential upward increase at trial, until Plaintiff Barnes has reached maximum cure. (emt, )COURT'S CERTIFICATE of Service - Kris Henry, aka Kristin Kimo Henry shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on June 20, 2018 June 21, 2018. Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Modi
June 29, 2018
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DIRECTIVE TO THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF HAWAII. Excerpt of the Court's directive:"Pursuant to the decision of the Ninth Circuit in Barnes v. Sea Hawaii Rafting, LLC, 889 F.3d 517 (9th Cir. 2018), this Court directs that the bankruptcy court transfer to this Court the $10,000.00 in rental income which the bankruptcy court received for use of the M/V Tehani, and which this Court understands is held in the bankruptcy proceedings involving Sea Hawaii Rafting, LLC (Bankr. Case No. 14-01520).""The Court notes that these funds will then be available to Plaintiff Barnes to proceed with his intended pursuit of the seizure of the M/V Tehani, including funds to prepay the required fees for seizure under the admiralty rules."IT IS SO ORDERED. Signed by JUDGE ALAN C. KAY on 6/29/2018. (afc) Chapter 13 BK # 14-01475COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). U.S. Bankruptcy Court for the District of Hawaii served electronically via NEF
July 9, 2018
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SECOND DIRECTIVE TO THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF HAWAII. Excerpt of the Court's directive:"Pursuant to the decision of the Ninth Circuit in Barnes v. Sea Hawaii Rafting, LLC, 889 F.3d 517 (9th Cir. 2018), this Court directs that the bankruptcy court transfer to this Court the $35,000.00 in sale proceeds which the bankruptcy court received from Aloha Ocean Excursions, LLC ('AOE') in exchange for the M/V Tehani and its accompanying trailer."IT IS SO ORDERED. Signed by JUDGE ALAN C. KAY on 7/9/2018. (afc) Chapter 13 BK # 14-01475COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). U.S. Bankruptcy Court for the District of Hawaii served electronically via NEF
August 1, 2018
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Notice of Electronic Filing (NEF).ORDER AUTHORIZING ISSUANCE OF WARRANT FOR MARITIME ARREST re 380 - Signed by JUDGE ALAN C. KAY on 8/1/2018. (emt, )COURT'S CERTIFICATE of Service - Kris Henry, aka Kristin Kimo Henry shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on August 1, 2018. Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the
September 6, 2018
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FINDINGS OF FACT AND CONCLUSIONS OF LAW - Signed by JUDGE ALAN C. KAY on 9/6/2018. Accordingly, pursuant to Federal Rule of Civil Procedure 54, judgment shall enter in favor of Plaintiff Chad Barry Barnes and against Defendants in the amount of $305,856.64. (emt, )