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16-054 - Green v. Kanazawa


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16-054 - Green v. Kanazawa
March 12, 2018
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ORDER DENYING PLAINTIFFS' MOTION FOR RECONSIDERATION AND GRANTING CLARIFICATION re(201) Motion for Reconsideration in case 1:16-cv-00054-LEK-KSC; re (179) Motion for Reconsideration in case 1:16-cv-00055-LEK-KSC. Signed by JUDlectronically at the e-mail address listed on the Notice of Electronic Filing (NEF). GE LESLIE E. KOBAYASHI on 03/12/2018. Associated Cases: 1:16-cv-00054-LEK-KSC, 1:16-cv-00055-LEK-KSC(eps, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document e
May 18, 2018
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ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR JUDGMENT AS A MATTER OF LAW re (385) in case 1:16-cv-00054-LEK-KSC; re (362) in case 1:16-cv-00055-LEK-KSC - Signed by JUDGE LESLIE E. KOBAYASHI on 5/18/2018. Specifically, the Motion is GRANTED as to: the claims in Plaintiffs' complaints based on the Lockout and the 2013 Settlement Agreement; and Plaintiffs' request for punitive damages. Defendants' Motion is DENIED in all other respects. In addition, Plaintiffs' request to reopen their case to call Plaintiff Shizuko Green as a witness is DENIED. Associated Cases: 1:16-cv-00054-LEK-KSC, 1:16-cv-00055-LEK-KSC (emt, )
May 21, 2018
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ORDER RULING ON MEASURE OF DAMAGES FOR RESCISSION re (361 in 1:16-cv-00055-LEK-KSC, 384 in 1:16-cv-00054-LEK-KSC), (399 in 1:16-cv-00054-LEK-KSC, 376 in 1:16-cv-00055-LEK-KSC), (330 in 1:16-cv-00055-LEK-KSC,[ 353] in 1:16-cv-00054-LEK-KSC) - Signed by JUDGE LESLIE E. KOBAYASHI on 5/21/2018. For the foregoing reasons, the Court rules as follows: (1) to the extent Plaintiffs seek reconsideration of the Court's rulings regarding measure of damages, Plaintiffs' request for reconsideration is HEREBY DENIED; (2) as to Defendants' request that the measure of damages include monetary value for every day since February 9, 2010 to the present, regardless of whether the uis not supported by law and therefore not permissible, Defendants' request is HEREBY GRANTED. Associated Cases: 1:16-cv-00054-LEK-KSC, 1:16-cv-00055-LEK-KSC (emt, )nit was rented, personally used, or remained vacant, Defendants' request is HEREBY DENIED; (3) as to Defendants' request that the Court rule that Plaintiffs must prove actual damages to recover on a legal malpractice claim and thus recovery of lost investment opportunity is speculative and not permissible, Defendants' request is HEREBY GRANTED; and (4) as to Defendants' request that the Court rule that recovery of depreciation in this instance
October 30, 2018
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ORDER Granting In Part and Denying In Part Defendants' Appeal Of The Magisrate Judge's Order Staying and Deferring Ruling on Defendants' Motion For Attorneys' Fees and Related Non-Taxable Costs and Bill Of Costs; and Affirming The Magistrate Judge's Order, as Modified re (476) Appeal of Magistrate Decision to District Judge in case 1:16-cv-00054-LEK-KSC; (452) Appeal of Magistrate Decision to District Judge in case 1:16-cv-00055-LEK-KSC.On the basis of the foregoing, Defendants Appeal of (Doc. 474) Order Staying and Deferring Ruling on Defendants Motion for Attorneys Fees and Related Non-taxable Costs and Bill of Costs, filed July 12, 2018, is HEREBY GRANTED IN PART AND DENIED IN PART. The Appeal is GRANTED insofar as: 1) the Stay Order is HEREBY MODIFIED by this Order; 2) Plaintiffs, jointly and severally, are HEREBY ORDERED to post a supersedeas bond inthe amount of $3,034,587.17; and 3) the stay is conditioned upon the posting of the supersedeas bond. The Appeal is DENIED in all other respects. The stay of all proceedings related to Defendants' Motion and BOC is HEREBY AFFIRMED.The stay will be lifted on November 27, 2018, unless Plaintiffs post the supersedeas bond, as described in the instant Order, by November 27, 2018. Signed by JUDGE LESLIE E. KOBAYASHI on 10/30/2018. Associated Cases: 1:16-cv-00054-LEK-KSC, 1:16-cv-00055-LEK-KSC(cib, )