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13-496 - Frost-Tsuji Architects v. Highway Inn, Inc. et al


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13-496 - Frost-Tsuji Architects v. Highway Inn, Inc. et al
November 20, 2013
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ORDER DENYING MOTION TO DISMISS re 11, 15, 17, 23 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 11/20/13. "Highway Inn and the Co-Defendants' motion to dismiss Counts I, II, III, VI and VII of the First Amended Complaint is denied." (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
July 10, 2014
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ORDER DENYING MOTION TO DISMISS AND JOINDER THEREIN re 64, 167 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 7/10/2014. (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
August 26, 2014
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ORDER GRANTING SUMMARY JUDGMENT IN FAVOR OF ALL DEFENDANTS WITH RESPECT TO COUNT IV OF THE SECOND AMENDED COMPLAINT; ORDER DENYING PARTIAL SUMMARY JUDGMENT WITH RESPECT TO COUNT V OF THE SECOND AMENDED COMPLAINT; ORDER DENYING AS MOOT DEFENDANT J. KADOWAKI, INC.'S MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO STATUTORY DAMAGES AND ATTORNEYS' FEES PURSUANT TO COUNT IV AND MOTION TO CONTINUE THAT MOTION; ORDER DENYING MOTION TO FILE THIRD AMENDED COMPLAINT 55, 134, 140, 150, 152, 153, 157, 159, 176, 184, 189, 190, 193, 215, 217 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 8/26/2014. "The court grants partial summary judgment in favor of Defendants and against Frost-Tsuji on the copyright claim asserted in Count IV of the Second Amended Complaint." "In so ruling, the court disposes of ECF Nos. 55, 176, 184, 189, 190, and 193. This court's ruling as to the copyright claim renders moot Kadowaki's motion seeking to restrict damages relating to that claim, as well as Frost- Tsuji's motion to continue Kadowaki's motion. This order thus also disposes of ECF Nos. 140, 150, 152, 153, 157, 159, and 215." "Given the dismissal of Count IV, it would be inappropriate to allow Frost-Tsuji to file a Third Amended Complaint reasserting the same claim. Accordingly, its motion (ECF No. 217) of August 13, 2014, which seeks leave to file a Third Amended Complaint, is denied without prejudice. Any future motion to amend the complaint must take into account the rulings already entered in this case." "The court denies partial summary judgment with respect to the copyright management claim asserted in Count V of the Second Amended Complaint, disposing of ECF Nos. 134 and 184." (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
October 3, 2014
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ORDER DENYING MOTION TO CONTINUE HEARINGS ON MOTIONS FOR SUMMARY JUDGMENT PURSUANT TO RULE 56(d) OF THE FEDERAL RULES OF CIVIL PROCEDURE re 255 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 10/3/2014. (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
October 27, 2014
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ORDER DENYING MOTION FOR RECONSIDERATION OF ORDER FILED ON AUGUST 26, 2014 re 232 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 10/27/2014. (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
November 7, 2014
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ORDER GRANTING PARTIAL SUMMARY JUDGMENT TO DEFENDANTS WITH RESPECT TO COUNT V OF THE SECOND AMENDED COMPLAINT re 235, 238, 239, 262, 264 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 11/7/2014. "For the foregoing reasons, partial summary judgment is granted in favor of Defendants with respect to Count V of the Second Amended Complaint. This order terminates ECF Nos. 235, 238, 239, 262, and 264." (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
November 7, 2014
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ORDER GRANTING JUDGMENT ON THE PLEADINGS ON COUNT VI IN FAVOR OF HIGHWAY INN AND HO'OLA MAU; ORDER GRANTING PARTIAL SUMMARY JUDGMENT IN FAVOR OF DEFENDANTS HIGHWAY INN, INC., AND HO'OLA MAU, LLC, ON ANY CIVIL CONSPIRACY CLAIM IN COUNT VII BASED ON A VIOLATION OF PLAINTIFF FROST-TSUJI ARCHITECTS' COPYRIGHTS; ORDER GRANTING JUDGMENT ON THE PLEADINGS IN FAVOR OF HIGHWAY INN AND HO`OLA MAU ON ANY PORTION OF COUNT VII BASED ON TORTIOUS INTERFERENCE re 237, 260, 263 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 11/7/2014. "Partial summary judgment is granted in favor of Highway Inn and Ho'ola Mau with respect to the civil conspiracy claim asserted in Count VII to the extent that claim is based on an alleged violation of Frost-Tsuji's copyrights. Judgment on the pleadings is granted in favor of Defendants Highway Inn and Ho'ola Mau with respect to the tortious interference with contractual relations and remaining civil conspiracy claims asserted in Counts VI and VII of the Second Amended Complaint." (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
January 21, 2015
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ORDER DENYING MOTION FOR RECONSIDERATION OF ORDER FILED ON NOVEMBER 7, 2014 re 326, 354 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 1/21/2015. "Because Frost-Tsuji fails to demonstrate any reason this court should reconsider its previous order granting summary judgment in favor of Defendants on Count V, Frost-Tsuji's motion for reconsideration, ECF No. 354, is denied." (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
January 23, 2015
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ORDER DENYING SECOND MOTION FOR RECONSIDERATION CONCERNING COUNT IV re 222, 391 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 1/23/2015. (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
July 17, 2015
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FINDINGS AND RECOMMENDATION TO DENY DEFENDANTS' MOTIONS FOR ATTORNEYS' FEES AND COSTS re 419, 420, 421 - Signed by MAGISTRATE JUDGE BARRY M. KURREN on 7/17/2015. (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
September 23, 2015
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ORDER ADOPTING IN PART AND REJECTING IN PART THE MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION THAT DEFENDANTS' MOTIONS FOR ATTORNEY'S FEES AND COSTS BE DENIED re 437, 439, 441, 443 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 9/23/2015. "Defendants' objections to the Magistrate Judge's Findings and Recommendation to Deny Defendants' Motions for Attorneys' Fees and Costs, Filed July 17, 2015, are sustained in part. This matter is remanded to the Magistrate Judge for a determination of reasonable attorney's fees and costs consistent with this order." (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
February 1, 2016
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FINDINGS AND RECOMMENDATION TO GRANT IN PART DEFENDANTS' MOTIONS FOR ATTORNEYS' FEES AND COSTS re 419, 420, 421, 437 - Signed by MAGISTRATE JUDGE BARRY M. KURREN on 1/31/2016. "Based on the foregoing, the Court hereby FINDS AND RECOMMENDS that (1) Defendant Bargreen Ellingson of Hawaii, Inc.'s Motion for Award of Attorney's Fees and Costs (Doc. 419) and Supplemental Memorandum in Support (Doc. 453) be GRANTED IN PART in the amount of $23,678.00 in attorneys' fees and $355.97 in costs, for a total award of $24,033.97; (2) Defendant J. Kadowaki, Inc.'s Motion for Award of Attorneys' Fees and Costs (Doc. 421) and Supplemental Memorandum in Support (Doc. 454) be GRANTED IN PART in the amount of $135,004.70 in attorneys fees and $4,827.30 in costs, for a total award of $139,832.00; (3) Defendants Highway Inn, Inc. and Ho'ola Mau, LLC's Motion for Attorneys' Fees and Costs (Doc. 420) and Supplemental Memorandum in Support (Doc. 455) be GRANTED IN PART in the amount of $209,660.64 in attorneys' fees and $4,914.33 in costs, for a total award of $214,574.97; and (4) Defendants Highway Inn's request for attorneys' fees and costs on behalf of Defendants Bryce Uyehara, A.I.A., Inc. and Iwamoto and Associates, LLC, (Doc. 420 at 41-45; Doc. 455 at 21-25), be GRANTED IN PART in the amount of $68,885.31 in attorneys' fees and $1,204.31 in costs, for a total award of $70,089.62." (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
March 30, 2016
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ORDER ADOPTING THE MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION TO GRANT IN PART DEFENDANTS' MOTIONS FOR ATTORNEY'S FEES AND COSTS re 462, 463, 464, 465 - Signed by JUDGE SUSAN OKI MOLLWAY on 3/30/2016. "Having reviewed the portions of the F & R objected to, the court adopts the F & R in its entirety. Bargreen Ellingson is awarded $23,678.00 in attorney's fees and $355.97 in costs, for a total award of $24,033.97; J. Kadowaki is awarded $135,004.70 in attorney's fees and $4,827.30 in costs, for a total award of $139,832.00; Highway Inn and Ho'ola Mau are awarded $209,660.64 in attorney's fees and $4,914.33 in costs, for a total award of $214,574.97; and Highway Inn, on behalf of Bryce Uyehara and Iwamoto and Associates, is awarded $68,885.31 in attorney's fees and $1,204.31 in costs, for a total award of $70,089.62." (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
January 3, 2018
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ORDER Granting Motion To Enforce Stipulation. "The court granted summary judgment in favor of Defendants and awarded Defendants approximately $450,000 in attorneys fees and costs. The court grants Highway Inn's 506 motion seeking disbursement of funds and J. Kadowaki's 508 joinder therein. Defendants are ordered to submit a proposed order that details the amounts to be withdrawn from the accounts at Morgan Stanley Bank and disbursed to each Defendant. Counsel for Frost-Tsuji, Randall K. Schmitt, is ordered to sign all documents necessary for the prompt withdrawal and disbursement of such funds. Highway Inn's request for attorneys' fees and costs incurred in bringing the present motion is denied." Signed by JUDGE SUSAN OKI MOLLWAY on 1/3/18. (cib, )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