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16-585 - 1250 Oceanside LLC v. Buckles et al


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16-585 - 1250 Oceanside LLC v. Buckles et al
May 11, 2017
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ORDER ADOPTING AMENDED PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW ON MOTIONS TO DISMISS AND FOR SUMMARY JUDGMENT re: 1. Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 5/11/2017. Excerpt of conclusion:"The court OVERRULES objections from both parties, and ADOPTS the Amended Findings. As recommended by the Bankruptcy Court, a decree of foreclosure in favor of Plaintiff shall enter. Although the Bankruptcy Court recommended 'that the District Court enter judgment accordingly,' Amended Findings at 2, the court interprets the Bankruptcy Court's recommendation as contemplating further proceedings to implement such a decree of foreclosure, and to further address issues regarding a deficiency judgment (and at least to address whether the arbitration provisions should not be enforced by virtue of bankruptcy law). [citation omitted]. In this regard, Plaintiff is directed to file a proposed form of a Foreclosure Decree by May 26, 2017. By June 2, 2017, Defendants may file objections, if any, to the proposed form of the Foreclosure Decree. After the Foreclosure Decree is entered, the Clerk of Court shall close the case file and the matter shall be remanded to the Bankruptcy Court for further proceedings consistent with this Order." WRITTEN ORDER follows hearing held March 3, 2017. Minutes of hearing: ECF no. 21. 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 25, 2017
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AMENDED ORDER ADOPTING AMENDED PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW ON MOTIONS TO DISMISS AND FOR SUMMARY JUDGMENT re: 23, 1. Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 5/25/2017. Excerpt of order:"On May 11, 2017, the court issued an 'Order Adopting Amended Proposed Findings of Fact and Conclusions of Law on Motions to Dismiss and for Summary Judgment' ('May 11, 2017 Order'). ECF No. 23. On May 23, 2017, Defendants Roger Arnold Buckles and Cindy Kiyono Buckles, individually, and in their capacities as trustees of the Roger Arnold Buckles and Cindy Kiyono Buckles Revocable Family Trust...submitted pursuant to Hawaii Rule of Professional Conduct 3.3 a 'Statement Re: Supreme Court Decisions on Standing in Foreclosure Actions' ('Statement'). ECF No. 24. The court construes this Statement as a Motion for Reconsideration and/or Clarification under Local Rule 60.1 of the May 11, 2017 Order." Excerpt of conclusion: "The court OVERRULES objections from both parties, and ADOPTS the Amended Findings. As recommended by the Bankruptcy Court, a decree of foreclosure in favor of Plaintiff shall enter. Although the Bankruptcy Court recommended 'that the District Court enter judgment accordingly,' Amended Findings at 2, the court interprets the Bankruptcy Court's recommendation as contemplating further proceedings to implement such a decree of foreclosure, and to further address issues regarding a deficiency judgment (and at least to address whether the arbitration provisions should not be enforced by virtue of bankruptcy law). [citation omitted]. In this regard (as set forth in the May 11, 2017 Order), Plaintiff is directed to file a proposed form of a Foreclosure Decree by May 26, 2017. By June 2, 2017, Defendants may file objections, if any, to the proposed form of the Foreclosure Decree. After the Foreclosure Decree is entered, the Clerk of Court shall close the case file and the matter shall be remanded to the Bankruptcy Court for further proceedings consistent with this Order." WRITTEN ORDER follows hearing held March 3, 2017 and AMENDS the "ORDER ADOPTING AMENDED PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW ON MOTIONS TO DISMISS AND FOR SUMMARY JUDGMENT" filed on May 11, 2017 as ECF no. 23. Minutes of March 3 hearing: ECF no. 21. 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.