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14-387 - Bruser v. Bank of Hawaii


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14-387 - Bruser v. Bank of Hawaii
July 21, 2015
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ORDER GRANTING DEFENDANT/COUNTERCLAIM PLAINTIFF BANK OF HAWAII'S MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO ITS FIRST COUNTERCLAIM AGAINST PLAINTIFFS/COUNTERCLAIM DEFENDANTS, AND JOINDER OF INTERVENOR DEFENDANT ASSOCIATION OF APARTMENT OWNERS OF DISCOVERY BAY; AND DENYING THE OTHER JOINDERS THERETO 50 Motion for Partial Summary Judgment 56 Motion for Joinder 57 Motion for Joinder 58 Motion for Joinder 59 Motion for Joinder Signed by JUDGE LESLIE E. KOBAYASHI on 07/21/2015. BOH's Motion for Partial Summary Judgment as to Its First Counterclaim against Plaintiffs/Counterclaim Defendants, filed April 16, 2015, and the AOAO Joinder, filed April 23, 2015, are HEREBY GRANTED. The joinders of Intervenor Defendants Susan Sheetz and Patricia Sheetz Bow; Julie G. Henderson, trustee of the Jean K. Gowans Irrevocable Trust, Julie G. Henderson, trustee of the Louis L. Gowans, Jr., Irrevocable Trust, and Richard L. Gowans, trustee of the Richard L. Gowans Irrevocable Trust; and Kevin I. Yokoyama, trustee of the Kevin I. Yokoyama Trust and the Irvine K. Yokomaya, Jr. Trust, all filed April 23, 2015, are HEREBY DENIED. (eps)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 16, 2016
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ORDER DENYING PLAINTIFFS' LOCAL RULE 60.1(C) MOTION FOR RECONSIDERATION OF JANUARY 19, 2016 MINUTE ORDER DEEMING MOOT AND TERMINATED "PLAINTIFFS' MOTION (1) FOR CLARIFICATION OF THE JANUARY 8, 2016 'COURT ORDER REGARDING REMAINING ISSUES FOR JURY TRIAL,' AND (2) FOR A STAY OF ALL PROCEEDINGS IN THIS CASE" re 175 Motion for Reconsideration. Signed by JUDGE LESLIE E. KOBAYASHI on 02/16/2016. (eps)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).
February 19, 2016
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COURT'S DECISION. Signed by JUDGE LESLIE E. KOBAYASHI on 02/19/2016. -- BOH is instructed to prepare the proposed Findings of Fact and Conclusions of Law ("FOF/COL") consistent with the Court's ruling herein, and annotated to the record and the trial transcript by no later than March 22, 2016. The Brusers may respond to those portions of BOH's proposed FOF/COL that they object to by filing an alternative proposed FOF/COL, annotated to the record and the trial transcript, and addressing the portions objected to, by no later than April 12, 2016. Thereafter, a final FOF/COL shall be issued by the Court that will supersede any rulings, findings, or conclusions herein, and that will serve as the final decision in this matter. -- In the event that the parties do not prepare and serve proposed FOF/COL as ordered, this outline shall be deemed the Court's findings of fact and conclusions of law. (eps)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).
June 28, 2016
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER. Signed by JUDGE LESLIE E. KOBAYASHI on 6/28/2016. ~ Following the conclusion of a bench trial in this matter, and in accordance with the foregoing Findings of Fact and Conclusions of Law, it is HEREBY ORDERED that judgment shall enter in favor of BOH, the Henderson/Gowans, AOAO,Yokoyama, and Sheetz Bow as follows: (1) The Court finds in favor of BOH on their second counterclaim for breach of contract under the CCD. (2) The Court finds in favor of the Henderson/Gowans, AOAO, Yokoyama, and Sheetz Bow on their claims for declaratory relief and finds that, under the CCD, the Brusers are liable for the total amount of the unpaid Trustee Fee. (3) The Court awards $137,434.50 to BOH, which consists of the difference between what the Brusers owed and what they paid between October 2014 and December 2015, including the applicable GET. (4) Any party that believes this amount is in error may file a motion to alter or amend a judgment pursuant to Fed. R. Civ. P. 59(e). (5) Pursuant to the CCD, the Court awards attorneys' fees and costs to BOH. BOH, and any other party that believes it is entitled to attorneys fees and costs must submit the appropriate motion within fourteen days of entry of judgment. Thereafter, the Court will refer the matter to the magistrate judge for determination of the amount of the award. (6) The Court directs the Clerk's Office to enter judgment in favor of BOH, the Henderson/Gowans, AOAO, Yokoyama, and Sheetz Bow as set forth herein. (ecs, )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 31, 2016
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FINDINGS AND RECOMMENDATION TO (1) GRANT IN PART AND DENY IN PART BANK OF HAWAII'S MOTION FOR ATTORNEYS' FEES AND COSTS; AND (2) GRANT IN PART AND DENY IN PART ASSOCIATION OF APARTMENT OWNERS OF DISCOVERY BAY'S MOTION FOR ATTORNEYS' FEES AND COSTS re 194 MOTION for Attorney Fees filed by Association of Apartment Owners of Discovery Bay, re 197 MOTION for Attorney Fees filed by Bank of Hawaii, re 195 MOTION for Attorney Fees filed by Bank of Hawaii. Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 10/31/2016. (eps, )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).
April 27, 2017
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ORDER DENYING BANK OF HAWAII AND THE ASSOCIATION OF APARTMENT OWNERS OF DISCOVERY BAY'S OBJECTIONS TO THE FINDINGS AND RECOMMENDATION TO (1) GRANT IN PART AND DENY IN PART BANK OF HAWAII'S MOTION FOR ATTORNEYS' FEES AND COSTS; AND (2) GRANT IN PART AND DENY IN PART ASSOCIATION OF APARTMENT OWNERS OF DISCOVERY BAY'S MOTION FOR ATTORNEYS' FEES AND COSTS re212 Findings and Recommendations.. Signed by JUDGE LESLIE E. KOBAYASHI on 04/27/2017. (eps, )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).