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APPEAL

U.S. District Court
District of Hawaii (Hawaii)
CIVIL DOCKET FOR CASE #: 1:09-cv-00272-DAE -LK


Ko Olina Development, LLC et al v. Centex Homes et al
Assigned to: JUDGE DAVID ALAN EZRA
Referred to: JUDGE LESLIE E KOBAYASHI
Case in other court: 9CCA, 10-17548
9CCA, 11-15246
Cause: 28:1332 Diversity-Contract Dispute
Date Filed: 06/15/2009
Date Terminated: 08/30/2010
Jury Demand: None
Nature of Suit: 190 Contract: Other
Jurisdiction: Diversity
Plaintiff
Ko Olina Development, LLC
a Delaware limited liability company 		represented byAndrew James Lautenbach
Starn O'Toole Marcus & Fisher
Pacific Guardian Center Makai Tower
733 Bishop St Ste 1900
Honolulu, HI 96813
537-6100
Email: alautenbach@starnlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

H. Shan Wirt
Starn O'Toole Marcus & Fisher
Pacific Guardian Center Makai Tower
733 Bishop St Ste 1900
Honolulu, HI 96813
Email: swirt@starnlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

John A. Sopuch , III
Starn O'Toole Marcus & Fisher
Pacific Guardian Center Makai Tower
733 Bishop St Ste 1900
Honolulu, HI 96813
808 537-6100
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Kenneth B. Marcus
Starn O'Toole Marcus & Fisher
Pacific Guardian Center Makai Tower
733 Bishop St Ste 1900
Honolulu, HI 96813
808 537-6100
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Shyla Pualani Young Cockett
Starn O'Toole Marcus & Fisher
Pacific Guardian Center Makai Tower
733 Bishop St Ste 1900
Honolulu, HI 96813
537-6100
Email: scockett@starnlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Plaintiff
Ko Olina Realty, LLC
a Hawaii limited liability company
TERMINATED: 10/16/2009 		represented byH. Shan Wirt
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

John A. Sopuch , III
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Kenneth B. Marcus
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Shyla Pualani Young Cockett
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

V.
Defendant
Centex Homes
a Nevada general partnership 		represented byBert T. Kobayashi , Jr.
Kobayashi Sugita & Goda
First Hawaiian Center
999 Bishop St Ste 2600
Honolulu, HI 96813-3889
539-8700
Email: btk@ksglaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Christopher T. Kobayashi
Kobayashi Sugita & Goda
First Hawaiian Center
999 Bishop St Ste 2600
Honolulu, HI 96813-3889
539-8700
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Jonathan Strother Moore
Kobayashi, Sugita & Goda
999 Bishop Street
Suite 2600
Honolulu, HI 96813
539-8700
Fax: 539-8799
Email: jsm@ksglaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Maria Cecilia Wang
Kobayashi Sugita & Goda
First Hawaiian Center
999 Bishop St Ste 2600
Honolulu, HI 96813-3889
539-8700
Fax: 539-8799
Email: maria@suemorilaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Mitchell A. Imanaka
Imanaka Kudo & Fujimoto
Topa Financial Center - Fort Street Tower
745 Fort Street 17th Floor
Honolulu, HI 96813
808-521-9400
Fax: 808-541-9050
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Nikki T. Senter
Imanaka Kudo & Fujimoto LLC
Amfac Center Hawaii Tower
745 Fort St 17th Floor
Honolulu, HI 96813
808-521-9500
Fax: 808-541-9050
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
John Does 1-20
Defendant
Jane Does 1-20
Defendant
Doe Corporations 1-20
Defendant
Other Entities 1-20
Counter Claimant
Centex Homes
a Nevada general partnership 		represented byBert T. Kobayashi , Jr.
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Christopher T. Kobayashi
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Jonathan Strother Moore
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

V.
Counter Defendant
Ko Olina Development, LLC
a Delaware limited liability company 		represented byAndrew James Lautenbach
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Shyla Pualani Young Cockett
Starn O'Toole Marcus & Fisher
733 Bishop St Ste 1900
Honolulu, HI 96813
537-6100
Email: scockett@starnlaw.com
LEAD ATTORNEY
Counter Defendant
Ko Olina Realty, LLC
a Hawaii limited liability company 		represented byAndrew James Lautenbach
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Shyla Pualani Young Cockett
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
06/15/20091 COMPLAINT FOR SPECIFIC PERFORMANCE AND DAMAGES filed by Ko Olina Development, LLC, and Ko Olina Realty, LLC AGAINST Centex Homes, various DOE defendants. (Filing fee $ 350.) (Attachments: # 1 Exhibit A, # 2 Summons (issued), # 3 Civil Cover Sheet) (afc) (Entered: 06/16/2009)
06/15/20092 Order Setting Rule 16 Scheduling Conference for 09:00AM on 9/14/2009 before JUDGE LESLIE E KOBAYASHI. Signed by CHIEF JUDGE HELEN GILLMOR on 6/15/2009. (Attachments: # 1 Memo to All Federal Bar Members re: Corporate Disclosure Statements) (afc) Modified on 6/16/2009: Correcting date-filed field from 6/16/2009 to 6/15/2009 (afc). (Entered: 06/16/2009)
06/15/20093 Filing fee: $ 350.00, receipt number 247972. (afc) (Additional attachment(s) added on 6/16/2009: # 1 Receipt w/Correct Case Number) (afc) (Entered: 06/16/2009)
06/16/20094 NOTICE of Pendency of Action filed by plaintiffs Ko Olina Development, LLC; Ko Olina Realty, LLC. (Attachments: # 1 Affidavit of Shyla P.Y. Cockett, # 2 Exhibit A) (afc) (Entered: 06/17/2009)
06/22/20095 SUMMONS Returned Executed by Ko Olina Development, LLC, Ko Olina Realty, LLC. Centex Homes served on 6/16/2009, answer due 7/6/2009. (Wirt, H.) (Entered: 06/22/2009)
06/23/20096 Ex-Parte MOTION for Temporary Restraining Order and MOTION for Injunctive Relief [Motion for Preliminary Injunction] - filed by Plaintiffs Ko Olina Development, LLC, Ko Olina Realty, LLC. (Attachments: # 1 Memorandum in Support of Motion, # 2 Affidavit of Jeffrey R. Stone, # 3 Affidavit of Kenneth B. Marcus, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H (Part 1 of 2), # 12 Exhibit H (Part 2 of 2), # 13 Exhibit I, # 14 Exhibit J, # 15 Exhibit K, # 16 Exhibit L, # 17 Exhibit M, # 18 [Proposed] Order, # 19 Certificate of Service) (afc) (Entered: 06/23/2009)
06/24/20097 NOTICE of Hearing on Motion 6 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction :. Motion Hearing set for 6/24/2009 01:30 PM before JUDGE DAVID ALAN EZRA. (tl, )
CERTIFICATE OF SERVICE
Participants 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.
(Entered: 06/24/2009)
06/24/20098  AMENDED EO: re 7 Notice of Hearing on Motion re: 6 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction is set for 6/25/2009 @1:30pm. (JUDGE DAVID ALAN EZRA)(tl, )
CERTIFICATE OF SERVICE
Participants 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
(Entered: 06/24/2009)
06/24/20099 Defendant Centex Homes' MEMORANDUM in Opposition re 6 Plaintiff Ko Olina Development, LLC's Ex-Parte MOTION for Temporary Restraining Order and MOTION for Injunctive Relief. (Attachments: # 1 Declaration of Bruce Sloan, # 2 Declaration of James R. Peacock III, # 3 Exhibit A (Part 1 of 4 parts), # 4 Exhibit A (Part 2 of 4 parts), # 5 Exhibit A (Part 3 of 4 parts), # 6 Exhibit A (Part 4 of 4 parts), # 7 Exhibit B (Part 1 of 2 parts), # 8 Exhibit B (Part 2 of 2 parts), # 9 Exhibit C, # 10 Exhibit D, # 11 Exhibit E, # 12 Exhibit F, # 13 Exhibit G, # 14 Exhibit H, # 15 Exhibit I, # 16 Exhibit J, # 17 Exhibit K, # 18 Certificate of Service) (afc) (Entered: 06/28/2009)
06/25/200912  EP: Denying 6 Motion for TRO. 6 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction. Oral arguments heard. 6 MOTION for Temporary Restraining Order-DENIED as moot. 6 MOTION for Preliminary Injunction-SET for 7/21/2009 @8:30amDAE in Las Vegas, Nevada. Defendants supplemental briefing due 7/1/2009. Plaintiffs supplemental briefing due 7/8/2009. (Court Reporter Cynthia Fazio.) (JUDGE DAVID ALAN EZRA)(tl, )
No COS issued for this docket entry
(Entered: 07/01/2009)
06/29/200910 AMENDED COMPLAINT against all defendants, filed by Ko Olina Development, LLC, Ko Olina Realty, LLC. (Attachments: # 1 Exhibit A 1 of 3, # 2 Exhibit A 2 of 3, # 3 Exhibit A 3 of 3, # 4 Exhibit B 1 of 4, # 5 Exhibit B 2 of 4, # 6 Exhibit B 3 of 4, # 7 Exhibit B 4 of 4, # 8 Exhibit C 1 of 5, # 9 Exhibit C 2 of 5, # 10 Exhibit C 3 of 5, # 11 Exhibit C 4 of 5, # 12 Exhibit C 5 of 5, # 13 Exhibit D 1 of 4, # 14 Exhibit D 2 of 4, # 15 Exhibit D 3 of 4, # 16 Exhibit D 4 of 4, # 17 SEALED Exhibit E , # 18 Summons)(Cockett, Shyla) Modified on 7/12/2009: Viewing of Exhibit "E" TEMPORARILY restricted to case participants. Ex Parte Motion to Seal Exhibit "E" e-filed 7/10/2009, docket entry no. 30 . Modified on 7/23/2009: Exhibit "E" SEALED as pursuant to Stipulation and Order filed 7/23/2009, docket entry no. 46 (afc) (Entered: 06/29/2009)
06/29/200911 Summons re: First Amended Complaint Issued as to Centex Homes. (afc) (Entered: 06/30/2009)
07/01/200913  EO: 6 MOTION for Preliminary Injunction. Per Counsel's request, Motion Hearing date has been continued to 7/22/2009 08:00 AM before JUDGE DAVID ALAN EZRA, in Las Vegas, NV. Confirming latter has been submitted. (JUDGE DAVID ALAN EZRA)(tl, )
CERTIFICATE OF SERVICE
Participants 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
(Entered: 07/01/2009)
07/01/200914 MEMORANDUM in Opposition Supplemental Memorandum in Opposition to 6 Plaintiff Ko Olina Development, LLC's Motion for a Temporary Restraining Order and Motion for Injunctive Relief filed by Centex Homes. (Attachments: # 1 Affidavit Affidavit Declaration of Bruce Sloan, # 2 Exhibit Exhibit "L" Part 1 of 2, # 3 Exhibit Exhibit "L" Part 2 of 2, # 4 Exhibit Exhibit "M", # 5 Certificate of Service)(Moore, Jonathan) 7/2/2009: Docket text modified re: "Declaration" and to add document number link to correlate to the Motion for TRO/PI, document no. 6 . (afc) (Entered: 07/01/2009)
07/02/2009   ADVISORY ENTRY (Do not re-file document) re: docket entry number 14 "Supplemental Memorandum in Opposition to...Motion for a Temporary Restraining Order and Motion for Injunctive Relief" ("M/TRO & PI") filed on behalf of defendant Centex Homes. Please be advised that the Office of the Clerk has modified the docket text to include document number 6 to correlate to the subject M/TRO & PI.. For the e-filer's future reference, certain filing events in CM/ECF allow the filer to create a "link to pleadings by presenting the text: "Should the document you are filing link to another document in this case?" In this instance, the filer would have checked the box and linked the filing to the pertinent document to the subject motion. (afc) (Entered: 07/02/2009)
07/02/200915  TRANSCRIPT of Proceedings (M/TRO) held on 6/25/09, - before Judge DAVID ALAN EZRA. Court Reporter Cynthia Fazio, Telephone number 808.533.0102. Transcript may be viewed at the court public terminal or ordered through the Court Reporter before the deadline for Release of Transcript. Remote availability of electronic transcripts is regulated by FRCP 5.2(a),FRCrP 49.1(a) and FRBP 9037(a) Redaction Request due 7/20/2009. Redacted Transcript Deadline set for 7/30/2009. Release of Transcript Restriction set for 9/28/2009. (23 pp.) (cf@hid.uscourts.gov) (Entered: 07/02/2009)
07/02/200916 CERTIFICATE OF SERVICE by Ko Olina Development, LLC, Ko Olina Realty, LLC re 10 Amended Complaint,, (Cockett, Shyla) (Entered: 07/02/2009)
07/06/200917  DEFENDANT CENTEX HOMES' ANSWER to 10 Amended Complaint,, filed by Centex Homes. (Attachments: # 1 Certificate of Service)(Moore, Jonathan) (Entered: 07/06/2009)
07/06/200918  COUNTERCLAIM FOR DECLARATORY RELIEF AND DAMAGES against all plaintiffs, filed by Centex Homes. (Attachments: # 1 Exhibit "A" (Part 1 of 4), # 2 Exhibit "A" (Part 2 of 4), # 3 Exhibit "A" (Part 3 of 4), # 4 Exhibit "A" (Part 4 of 4), # 5 Exhibit "B" (Part 1 of 2), # 6 Exhibit "B" (Part 2 of 2), # 7 Exhibit "C", # 8 Exhibit "D", # 9 Exhibit "E", # 10 Exhibit "F", # 11 Exhibit "G", # 12 Exhibit "H", # 13 Exhibit "I", # 14 Exhibit "J", # 15 Exhibit "K", # 16 SEALED Exhibit "L", # 17 Exhibit "M", # 18 SEALED Exhibit "N", # 19 Exhibit "O", # 20 Exhibit "P", # 21 Exhibit "Q", # 22 Exhibit "R", # 23 Exhibit "S", # 24 Certificate of Service)(Moore, Jonathan) (Additional attachment(s) added on 7/9/2009: # 25 COUNTERCLAIM image affixed. The Counterclaim portion subsequently e-filed as an "errata," docket entry no. 19 ) (afc). Modified on 7/12/2009: Viewing of Exhibit "L" and Exhibit "N" TEMPORARILY restricted to case participants. Ex Parte Motion to Seal Exhibits "L" and "N" e-filed 7/10/2009, docket entry no. 30 . Modified on 7/23/2009: Exhibit "L" and Exhibit "N" SEALED as pursuant to Stipulation and Order filed 7/23/2009, docket entry no. 46 (afc). (Entered: 07/06/2009)
07/06/200919 Errata re 18 Counterclaim,,, for Declaratory Relief and Damages. (Moore, Jonathan) (Entered: 07/06/2009)
07/08/200920 REPLY re 14 Memorandum in Opposition to Motion,, 9 Memorandum in Opposition to Motion,, filed by Ko Olina Development, LLC. (Attachments: # 1 Affidavit OF JEFFREY R. STONE, # 2 Exhibit "N", # 3 Exhibit "O", # 4 Exhibit "P", # 5 Certificate of Service)(Cockett, Shyla) (Entered: 07/08/2009)
07/09/200921  MOTION for Partial Summary Judgment ON MERGER ALLEGATIONS Jonathan Strother Moore appearing for Defendant Centex Homes (Attachments: # 1 Memorandum IN SUPPORT OF MOTION, # 2 Declaration OF JAMES R. PEACOCK III, # 3 Declaration BRUCE SLOAN, # 4 Exhibit "A", # 5 Exhibit "B", # 6 Exhibit "C", # 7 Exhibit "D" (Part 1 of 2), # 8 Exhibit "D" (Part 2 of 2), # 9 Exhibit "E" (Part 1 of 2), # 10 Exhibit "E" (Part 2 of 2), # 11 Exhibit "F", # 12 Exhibit "G", # 13 Exhibit "H", # 14 Exhibit "I", # 15 Exhibit "J", # 16 CERTIFICATE OF SERVICE)(Moore, Jonathan) (Entered: 07/09/2009)
07/09/200922 CONCISE STATEMENT in Support re 21 MOTION for Partial Summary Judgment ON MERGER ALLEGATIONS filed by Centex Homes. (Attachments: # 1 Declaration of Bruce Sloan, # 2 Declaration of James R. Peacock III, # 3 Exhibit "A", # 4 Exhibit "B", # 5 Exhibit "C", # 6 Exhibit "D", # 7 Exhibit "E", # 8 Exhibit "H", # 9 Certificate of Service)(Moore, Jonathan) (Entered: 07/09/2009)
07/10/200923  MOTION for Partial Summary Judgment On The Issue Of Centex's Right To Recharacterize The Limited Common Elements; Memorandum In Support Of Motion Jonathan Strother Moore appearing for Defendant Centex Homes (Attachments: # 1 Declaration of Bruce Sloan, # 2 Exhibit "A", # 3 Exhibit "B", # 4 Exhibit "C", # 5 Exhibit "D" (part 1 of 2), # 6 Exhibit "D" (part 2 of 2), # 7 Exhibit "E" (part 1 of 2), # 8 Exhibit "E" (part 2 of 2), # 9 Certificate of Service)(Moore, Jonathan) (Entered: 07/10/2009)
07/10/200924 CONCISE STATEMENT in Support re 23 MOTION for Partial Summary Judgment On The Issue Of Centex's Right To Recharacterize The Limited Common Elements; Memorandum In Support Of Motion filed by Centex Homes. (Attachments: # 1 Certificate of Service)(Moore, Jonathan) (Entered: 07/10/2009)
07/10/200925  MOTION for Partial Summary Judgment as to Developer Voting Rights Jonathan Strother Moore appearing for Defendant Centex Homes (Attachments: # 1 Memorandum in Support of Motion, # 2 Declaration of Bruce Sloan, # 3 Exhibit "A" (Part 1 of 2), # 4 Exhibit "A" (Part 2 of 2), # 5 Exhibit "C" (Part 1 of 2))(Moore, Jonathan) Modified on 7/13/2009 to add cross-reference to the ERRATA documents - docket entry nos. (32) and (33): Please refer to docket entry 32 Errata - Exhibit B, and docket entry 33 Errata - Exhibit C (Part 2 of 2). (afc) (Entered: 07/10/2009)
07/10/200926 CERTIFICATE OF SERVICE by Centex Homes re 25 MOTION for Partial Summary Judgment as to Developer Voting Rights (Moore, Jonathan) (Entered: 07/10/2009)
07/10/200927 Concise Statement in Support re 25 MOTION for Partial Summary Judgment as to Developer Voting Rights filed by Centex Homes. (Attachments: # 1 Declaration of Bruce Sloan, # 2 Exhibit "A", # 3 Exhibit "B", # 4 Exhibit "C", # 5 Certificate of Service)(Moore, Jonathan) (Entered: 07/10/2009)
07/10/200928 Errata re 25 MOTION for Partial Summary Judgment as to Developer Voting Rights Exhibit "B". (Moore, Jonathan) (Entered: 07/10/2009)
07/10/200929 Errata re 25 MOTION for Partial Summary Judgment as to Developer Voting Rights Exhibit "C" (Part 2 of 2). (Moore, Jonathan) (Entered: 07/10/2009)
07/10/200930 Ex Parte MOTION to Seal Exhibit "E" to Plaintiffs' First Amended Complaint filed June 29, 2009 and Exhibit "L" and "N" to Document 18 Centex Homes' Counterclaim, 10 Amended Complaint, Jonathan Strother Moore appearing for Defendant Centex Homes (Attachments: # 1 Declaration of Counsel, # 2 Exhibit "A", # 3 Exhibit ", # 4 (Proposed) Order Granting Ex Parte Motion to Seal Exhibits "L" and "N" to Centex Homes' Counterclaim Filed July 6, 2009, # 5 Certificate of Service)(Moore, Jonathan) Modified on 7/12/2009 (afc). (Entered: 07/10/2009)
07/12/2009  CORRECTIVE ENTRY - E-filings on behalf of Centex Homes, docket entry nos. 28 and 29 "ERRATA" filings. As each of the filings do not comply with LR 10.2(b) "Counsel Identification," please re-file each errata, to include a captioned cover page. The same filing event "Errata" may be used as well as including the document number link to the subject Motion for partial summary judgment (document no. 25 ). (afc) (Entered: 07/12/2009)
07/13/200931 SUMMONS Returned Executed by Ko Olina Development, LLC, Ko Olina Realty, LLC. Centex Homes served on 6/29/2009, answer due 7/20/2009. (Cockett, Shyla) (Entered: 07/13/2009)
07/13/200932 Errata re 25 MOTION for Partial Summary Judgment as to Developer Voting Rights Exhibit B. (Attachments: # 1 Certificate of Service)(Moore, Jonathan) (Entered: 07/13/2009)
07/13/200933 Errata re 25 MOTION for Partial Summary Judgment as to Developer Voting Rights Exhibit C (Part 2 of 2). (Attachments: # 1 Certificate of Service)(Moore, Jonathan) (Entered: 07/13/2009)
07/13/200934  MOTION to Sever Ko Olina Development, LLC's Claims and Dismiss for Lack of Subject Matter Jurisdiction Jonathan Strother Moore appearing for Defendant Centex Homes (Attachments: # 1 Memorandum, # 2 Declaration of Bruce Sloan, # 3 Declaration of J Moore, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Certificate of Service)(Moore, Jonathan) (Entered: 07/13/2009)
07/13/200935  MOTION for Partial Summary Judgment on the Issue of Centex's Right to Impose Conditions on the Offer to Sell the KOD Commercial Apartments Jonathan Strother Moore appearing for Defendant Centex Homes (Attachments: # 1 Memorandum Memorandum in Support of Motion, # 2 Declaration Declaration of Bruce Sloan, # 3 Exhibit Exhibit A, # 4 Exhibit Exhibit B, # 5 Exhibit Exhibit C, # 6 Exhibit Exhibit D (1 of 2), # 7 Exhibit Exhibit D (2 of 2), # 8 Exhibit Exhibit E (1 of 2), # 9 Exhibit Exhibit E (2 of 2))(Moore, Jonathan) Modified on 7/14/2009: COS, as captioned in document title, is not included with the filing. COS subsequently filed as docket entry no. 38 . (afc) (Entered: 07/13/2009)
07/13/200936  MOTION Motion to Expunge Notice of Pendency of Action Jonathan Strother Moore appearing for Defendant Centex Homes (Attachments: # 1 Memorandum in Support, # 2 Declaration of Bruce Sloan, # 3 Exhibit "A", # 4 Exhibit "B", # 5 Exhibit "C", # 6 Exhibit "D", # 7 Exhibit "E", # 8 Exhibit "F", # 9 Exhibit "G")(Moore, Jonathan) Modified on 7/14/2009: COS, as captioned in document title, is not included with the filing. COS subsequently filed as docket entry no. 40 . (afc) (Entered: 07/13/2009)
07/13/200937 MOTION Concise Statement of Undisputed Material Facts in Support of Motion For Partial Summary Judgment on the Issue of Centex's Right to Impose Conditions on the Offer to Sell the KOD Commercial Apartments re 35 MOTION for Partial Summary Judgment on the Issue of Centex's Right to Impose Conditions on the Offer to Sell the KOD Commercial Apartments Jonathan Strother Moore appearing for Defendant Centex Homes (Moore, Jonathan) Modified on 7/14/2009: Striking text. COS, as captioned in document title, is not included with the filing. COS subsequently filed as docket entry no. 39 . (afc) (Entered: 07/13/2009)
07/13/200938 CERTIFICATE OF SERVICE by Centex Homes (Moore, Jonathan) (Entered: 07/13/2009)
07/13/200939 CERTIFICATE OF SERVICE by Centex Homes (Moore, Jonathan) (Entered: 07/13/2009)
07/13/200940 CERTIFICATE OF SERVICE by Centex Homes (Moore, Jonathan) (Entered: 07/13/2009)
07/14/2009  CORRECTIVE ENTRY (The filing party shall re-submit a corrected filing). As to docket entry no. 37 "MOTION Concise Statement of Undisputed Material Facts in Support of Motion For Partial Summary Judgment on the Issue of Centex's Right to Impose Conditions on the Offer to Sell the KOD Commercial Apartments..." filed by Centex Homes. (1) INCORRECT FILING EVENT OF "MOTION" selected. Please use filing-event "Concise Statement in Support of Motion" which is found under "Responses and Replies". This event will allow you to link to the subject M/SJ (doc no. 35) (2) EXHIBITS NOT SUBMITTED AS SEPARATE PDF-ATTACHMENTS. The filing party may refer to Section 2.6 of the "Amended General Order Adopting Electronic Case Filing Procedures" for guidance with respect to submitting separate PDF-Attachments in a multi-part document. As to the Certificates of Service (docket entry nos. 38 39 40 ): Because the Certificate of Service documents were filed as separate ECF transactions, Counsel identification must be noted in the upper left-hand corner of the first page of the document--as required by Local Rule 10.2(b) "Counsel Identification". (afc) (Entered: 07/14/2009)
07/14/200942 CONCISE STATEMENT in Support re 35 MOTION for Partial Summary Judgment on the Issue of Centex's Right to Impose Conditions on the Offer to Sell the KOD Commercial Apartments filed by Centex Homes. (Attachments: # 1 Exhibit "A", # 2 Exhibit "B", # 3 Exhibit "C", # 4 Exhibit "D", # 5 Exhibit "E", # 6 Certificate of Service)(Moore, Jonathan) (Entered: 07/14/2009)
07/21/200943 STIPULATION to Seal Price List by Centex Homes. (Moore, Jonathan) (Entered: 07/21/2009)
07/21/200944 STIPULATION to Delay Hearings on Pending Motions Until Mediation Fails or August 14, 2009 by Centex Homes. (Moore, Jonathan) (Entered: 07/21/2009)
07/22/200945  EP: Motion Hearing held on 7/22/2009 re 6 MOTION for Preliminary Injunction filed by Ko Olina Realty, LLC, Ko Olina Development, LLC. Motions Taken Under Advisement: 6 MOTION for Preliminary Injunction. (Court Reporter Gayle Pichierri.) (JUDGE DAVID ALAN EZRA)(tl, )
No COS issued for this docket entry
(Entered: 07/22/2009)
07/23/200946 STIPULATION TO SEAL PRICE LIST AND ORDER. Exhibit "E" in 10 Amended Complaint SEALED. Exhibit "L" and Exhibit "N" in 18 Counterclaim SEALED. Motion terminated: 30 Ex Parte MOTION to Seal Exhibit "E" in Document (10) Amended Complaint and to Seal Exhibit "L" and Exhibit "N" in Document (18) Counterclaim. Signed by JUDGE DAVID ALAN EZRA on 7/23/2009. (afc) (Entered: 07/23/2009)
07/23/200947 STIPULATION TO DELAY HEARINGS ON PENDING MOTIONS UNTIL MEDIATION FAILS OR AUGUST 14, 2009 and ORDER. Signed by JUDGE DAVID ALAN EZRA on 7/23/2009. "Pending Motions" re: (1) Docket entry no. 21 M/PSJ on Merger Allegations; (2) Docket entry no. 25 FRCP Rule 56 M/PSJ as to Developer Voting Rights; (3) Docket entry no. 34 M/Sever Ko Olina Development, LLC's Claims and Dismiss for Lack of Subject Matter Jurisdiction; (4) Docket entry no. 23 M/PSJ on the Issue of Centex's Right to Recharacterize the Limited Common Elements; (5) Docket entry no. 35 M/PSJ on the Issue of Centex's Right to Impose Conditions on the Offer to Sell the Ko Olina Development, LLC Commercial Apartments; (6) Docket entry no. 36 M/Expunge Notice of Pendency of Actions. (afc) (Entered: 07/23/2009)
08/07/200948  ANSWER to defendant Centex Hom'es Counterclaim RESPONSE re 18 Counterclaim, filed by Ko Olina Development, LLC, Ko Olina Realty, LLC. (Cockett, Shyla) 8/10/2009: Docket text modified. (afc). (Entered: 08/07/2009)
08/13/200949 ORDER DENYING PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION 6 . Signed by JUDGE DAVID ALAN EZRA on 8/13/2009. [Order follows hearing on Motion 6 held 7/22/2009; Minutes-docket entry no. 45 ] (afc) (Entered: 08/13/2009)
08/20/200950  MOTION for Reconsideration re 49 Order on Motion for Preliminary Injunction Filed on August 13, 2009 Shyla Pualani Young Cockett appearing for Plaintiffs Ko Olina Development, LLC, Ko Olina Realty, LLC (Attachments: # 1 Certificate of Service)(Cockett, Shyla) (Entered: 08/20/2009)
08/28/200951 MEMORANDUM in Opposition re 50 MOTION for Reconsideration re 49 Order on Motion for Preliminary Injunction Filed on August 13, 2009 MOTION for Reconsideration re 49 Order on Motion for Preliminary Injunction Filed on August 13, 2009 filed by Centex Homes. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Certificate of Service)(Moore, Jonathan) (Entered: 08/28/2009)
09/01/200952 NOTICE of Partial Release of the Notice of Pendency of Action; Certificate of Service - by Ko Olina Development, LLC, Ko Olina Realty, LLC re 4 Notice of Lis Pendens. (afc) (Entered: 09/01/2009)
09/01/200953 AMENDED NOTICE of Pendency of Action by Ko Olina Development, LLC, Ko Olina Realty, LLC. (Attachments: # 1 Affidavit of Shyla P.Y. Cockett, # 2 Exhibit A) related: 4 (afc) (Entered: 09/01/2009)
09/02/200954  EO:. Status Conference set for 9/8/2009 10:30 AM before JUDGE DAVID ALAN EZRA. (JUDGE DAVID ALAN EZRA)(tl, )
CERTIFICATE OF SERVICE
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(Entered: 09/02/2009)
09/03/200955 INITIAL DISCLOSURE by Ko Olina Development, LLC, Ko Olina Realty, LLC. (Attachments: # 1 Certificate of Service)(Cockett, Shyla) (Entered: 09/03/2009)
09/03/200956 REPORT of Planning Meeting PLAINTIFFS' REPORT ON THE CONFERENCE OF THE PARTIES. (Attachments: # 1 Certificate of Service)(Cockett, Shyla) (Entered: 09/03/2009)
09/03/200957 Scheduling Conference Statement OF PLAINTIFFS KO OLINA DEVELOPMENT, LLC AND KO OLINA REALTY, LLC. (Attachments: # 1 Certificate of Service)(Cockett, Shyla) (Entered: 09/03/2009)
09/04/200958 INITIAL DISCLOSURE by Centex Homes. (Attachments: # 1 Certificate of Service)(Moore, Jonathan) (Entered: 09/04/2009)
09/04/200959 Scheduling Conference Statement of Defendant Centex Homes. (Attachments: # 1 Certificate of Service)(Moore, Jonathan) (Entered: 09/04/2009)
09/04/200960 RESPONSE re 56 Report of Planning Meeting filed by Centex Homes. (Attachments: # 1 Certificate of Service)(Moore, Jonathan) (Entered: 09/04/2009)
09/08/200961  EP: Status Conference held on 9/8/2009. The parties informed the Court that they have reached a tentative settlement on certain issues and will file a stipulation. Once the stipulation is filed, the pending motions that are disposed of by the settlement shall be withdrawn with prejudice. The other remaining motions shall be withdrawn without prejudice and then refiled as a consolidated motion.Once the new consolidated motion is filed, the Court will set a hearing date for the motion. Counsel will also file a Rule 56(f) motion and seek an expedited briefing schedule on the 56(f) motion. (Court Reporter Cynthia Fazio.) (JUDGE DAVID ALAN EZRA)(tl, )
No COS issued for this docket entry
(Entered: 09/09/2009)
09/14/200964 STIPULATION to WITHDRAW Defendant Centex Homes' MOTIONS: (1) 21 MOTION for Partial Summary Judgment on Merger Allegations; (2) 36 MOTION Motion to Expunge Notice of Pendency of Action; and (3) 34 MOTION to Sever Ko Olina Development, LLC's Claims and Dismiss for Lack of Subject Matter Jurisdiction; ORDER. Signed by JUDGE DAVID ALAN EZRA on 9/14/2009. (afc)
No COS issued for this docket entry
(Entered: 09/14/2009)
09/14/200966 STIPULATION TO PARTIALLY DISMISS 10 Plaintiffs' First Amended Complaint filed June 29, 2009 and ORDER. Signed by JUDGE DAVID ALAN EZRA on 9/14/2009. (afc)
No COS issued for this docket entry
(Entered: 09/14/2009)
09/14/200967  EP: Rule 16 Scheduling Conference held on 9/14/2009. Bench Trial set for 7/20/2010 09:00 AM before JUDGE DAVID ALAN EZRA. Final Pretrial Conference set for 6/8/2010 09:00 AM before JUDGE LESLIE E KOBAYASHI. Settlement Conference set for 2/16/2010 02:00 PM before JUDGE LESLIE E KOBAYASHI. Motions due by 2/17/2010. Discovery due by 5/21/2010. (Court Reporter Courtroom 7-No Record) (JUDGE LESLIE E KOBAYASHI)(wnn, )
No COS issued for this docket entry
(Entered: 09/14/2009)
09/15/200968 ORDER DENYING PLAINTIFFS' MOTION FOR RECONSIDERATION ~ Order denies 50 Plaintiffs' Motion for Reconsideration of 49 the Court's "Order Denying Plaintiffs' Motion for Preliminary Injunction" ~ Signed by JUDGE DAVID ALAN EZRA on 9/15/2009. (afc)
CERTIFICATE OF SERVICE
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(Entered: 09/15/2009)
09/15/200969 RULE 16 SCHEDULING ORDER: Signed by JUDGE LESLIE E KOBAYASHI on 9/15/2009. (afc)
CERTIFICATE OF SERVICE
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(Entered: 09/15/2009)
09/16/200970 Defendant Centex Homes' EX PARTE MOTION FOR LEAVE TO EXCEED WORD LIMIT for Motion for Summary Judgment on plaintiffs' First Amended Complaint. Signed by JUDGE DAVID ALAN EZRA on 9/16/2009. (Attachments: # 1 Affidavit of Jonathan S. Moore, # 2 ORDER granting Ex Parte Motion, # 3 Certificate of Service) (afc)
No COS issued for this docket entry
(Entered: 09/16/2009)
09/16/200971 ORDER DIRECTING PLAINTIFFS TO FILE A SECOND AMENDED COMPLAINT. ~ Court ORDERS Plaintiffs to file a Second Amended Complaint in accordance with the terms of the settlement, as outlined by the September 14, 2009 Stipulation [docket entry no. 66 ]. Plaintiffs' Second Amended Complaint shall be due no later that 30 days from the date of filing of this order ~ Signed by JUDGE DAVID ALAN EZRA on 9/16/2009. (afc)
CERTIFICATE OF SERVICE
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(Entered: 09/16/2009)
09/16/200972 NOTICE by Centex Homes re 25 MOTION for Partial Summary Judgment as to Developer Voting Rights, 23 MOTION for Partial Summary Judgment On The Issue Of Centex's Right To Recharacterize The Limited Common Elements; Memorandum In Support Of Motion, 24 Concise Statement in Support of Motion, 35 MOTION for Partial Summary Judgment on the Issue of Centex's Right to Impose Conditions on the Offer to Sell the KOD Commercial Apartments, 27 Concise Statement in Support, Notice of Withdrawal Without Prejudice by Centex Homes. (Attachments: # 1 Certificate of Service)(Moore, Jonathan) (Entered: 09/16/2009)
09/16/200973  MOTION for Summary Judgment on Plaintiffs' First Amended Complaint Jonathan Strother Moore appearing for Defendant Centex Homes (Attachments: # 1 Memorandum in Support of Motion, # 2 L.R. 7.5(e) Certification, # 3 Certificate of Service)(Moore, Jonathan) (Entered: 09/16/2009)
09/16/200974 CONCISE STATEMENT in Support re 73 MOTION for Summary Judgment on Plaintiffs' First Amended Complaint filed by Centex Homes. (Attachments: # 1 Declaration of Bruce Sloan, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D Part 1 of 2, # 6 Exhibit D Part 2 of 2, # 7 Exhibit E, # 8 Exhibit F Part 1 of 2, # 9 Exhibit F Part 2 of 2, # 10 Certificate of Service)(Moore, Jonathan) (Entered: 09/16/2009)
09/17/200975 NOTICE of Hearing on Motion 73 Defendant Centex Homes MOTION for Summary Judgment on Plaintiffs' First Amended Complaint set for hearing 11/2/2009 at 09:00 AM before JUDGE DAVID ALAN EZRA. (lls, )
CERTIFICATE OF SERVICE
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(Entered: 09/17/2009)
09/28/200976  MOTION to Continue November 2, 2009 Hearing on Defendant's Motion for Summary Judgment Filed September 16, 2009 [Doc #73] Shyla Pualani Young Cockett appearing for Plaintiffs Ko Olina Development, LLC, Ko Olina Realty, LLC (Attachments: # 1 Memorandum, # 2 Affidavit Shyla P.Y. Cockett, # 3 Affidavit John A. Sopuch III, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Certificate of Service)(Cockett, Shyla) (Entered: 09/28/2009)
09/30/200977 Ex Parte MOTION to Shorten Time to hear Motion re 76 MOTION to Continue November 2, 2009 Hearing on Defendant's Motion for Summary Judgment Filed September 16, 2009 [Doc #73] MOTION to Continue November 2, 2009 Hearing on Defendant's Motion for Summary Judgment Filed September 16, 2009 [Doc #73] Shyla Pualani Young Cockett appearing for Plaintiffs Ko Olina Development, LLC, Ko Olina Realty, LLC (Attachments: # 1 Affidavit Shyla P.Y. Cockett, # 2 [Proposed] Order Granting Motion, # 3 Certificate of Service)(Cockett, Shyla) (Entered: 09/30/2009)
09/30/200978 CERTIFICATE OF SERVICE by Ko Olina Development, LLC, Ko Olina Realty, LLC [RE: Plaintiffs' First Request for Production of Documents and Things to Defendant Centex Homes] (Cockett, Shyla) (Entered: 09/30/2009)
10/01/200979  EO: Granting 77 Motion to Shorten time to hear Motion; 76 MOTION to Continue November 2, 2009 Hearing on Defendant's Motion for Summary Judgment Filed September 16, 2009 [Doc #73] MOTION to Continue November 2, 2009. Hearing on Defendant's Motion for Summary Judgment Filed September 16, 2009 [Doc #73] set for 10/6/2009. Motion Hearing set for 10/14/2009 at 02:30 PM before JUDGE LESLIE E KOBAYASHI. (JUDGE LESLIE E KOBAYASHI)(wnn, )
CERTIFICATE OF SERVICE
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(Entered: 10/01/2009)
10/01/200980 ORDER Granting 77 Ex Parte MOTION to Shorten Time for Hearing on 76 Plaintiffs' Motion to Continue November 2, 2009 Hearing on Defendant's Motion for Summary Judgment (doc no. 73). ***Set Motion deadlines re: 76 Motion to Continue: (Motion Hearing set for 10/14/2009 02:30 PM before JUDGE LESLIE E KOBAYASHI.) Signed by JUDGE LESLIE E KOBAYASHI on 10/01/2009. (afc)
No COS issued for this docket entry
(Entered: 10/01/2009)
10/01/200981 MEMORANDUM in Opposition re 76 MOTION to Continue November 2, 2009 Hearing on Defendant's Motion for Summary Judgment Filed September 16, 2009 [Doc #73] MOTION to Continue November 2, 2009 Hearing on Defendant's Motion for Summary Judgment Filed September 16, 2009 [Doc #73] filed by Centex Homes. (Moore, Jonathan) (Entered: 10/01/2009)
10/02/200982 CERTIFICATE OF SERVICE by Centex Homes re 81 Memorandum in Opposition to Motion, to Continue the November 2, 2009 Hearing [Filed September 28, 2009] (Moore, Jonathan) (Entered: 10/02/2009)
10/09/200983 Ex Parte MOTION for Leave to File Excess Pages /Exceed Word Limit for Memorandum in Opposition to Defendant Centex Homes' Motion for Summary Judgment on Plaintiffs' First Amended Complaint Filed June 29, 2009, Filed September 16, 2009; Shyla Pualani Young Cockett appearing for Plaintiffs Ko Olina Development, LLC, Ko Olina Realty, LLC (Attachments: # 1 Affidavit Shyla P.Y. Cockett, # 2 Certificate of Service)(Cockett, Shyla) (Entered: 10/09/2009)
10/14/200984 ORDER GRANTING 83 PLAINTIFFS KO OLINA DEVELOPMENT, LLC AND KO OLINA REALTY, LLC'S EX PARTE MOTION FOR LEAVE TO EXCEED WORD LIMIT FOR MEMORANDUM IN OPPOSITION TO DEFENDANT CENTEX HOMES' MOTION FOR SUMMARY JUDGMENT ON PLAINTIFFS' FIRST AMENDED COMPLAINT FILED JUNE 29, 2009, FILED SEPTEMBER 16, 2009 (MOTION FILED 10/9/09). Signed by JUDGE DAVID ALAN EZRA on 10/14/2009. (afc)
CERTIFICATE OF SERVICE
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(Entered: 10/14/2009)
10/14/200985  EP: Motion Hearing held on 10/14/2009 re 73 MOTION to Continue Motion for Summary Judgment on Plaintiffs' First Amended Complaint filed by Centex Homes ;Granting 76 Motion to Continue; 73 MOTION for Summary Judgment on Plaintiffs' First Amended Complaint. Motion Hearing continued to 1/4/2010 09:00 AM before JUDGE DAVID ALAN EZRA. (Court Reporter FTR-Courtroom 7) (JUDGE LESLIE E KOBAYASHI)(wnn, )
No COS issued for this docket entry
(Entered: 10/14/2009)
10/15/200986  EO: COURT ORDER GRANTING PLAINTIFFS MOTION TO CONTINUE HEARING NOVEMBER 2, 2009 HEARING Re 76 MOTION to Continue November 2, 2009 Hearing on Defendant's Motion for Summary Judgment Filed September 16, 2009 [Doc #73] MOTION to Continue November 2, 2009 Hearing on Defendant's Motion for Summary Judgment Filed September 16, 2009 [Doc #73]. (JUDGE LESLIE E KOBAYASHI)(wnn, )
CERTIFICATE OF SERVICE
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(Entered: 10/15/2009)
10/16/200987 AMENDED COMPLAINT Second Amended Complaint for Specific Peformance and Damages against John Does 1-20, Jane Does 1-20, Other Entities 1-20, Centex Homes, filed by Ko Olina Development, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Certificate of Service)(Cockett, Shyla) (Entered: 10/16/2009)
10/29/200988  TRANSCRIPT of Proceedings held on 10/14/09, - before Judge Kobayashi. Court Reporter/Transcriber Jessica Cahill, Telephone number (808)244-0776. Transcript may be viewed at the court public terminal or ordered through the Court Reporter/Transcriber before the deadline for Release of Transcript. Remote availability of electronic transcripts is regulated by FRCP 5.2(a),FRCrP 49.1(a) and FRBP 9037(a) Redaction Request due 11/16/2009. Redacted Transcript Deadline set for 11/27/2009. Release of Transcript Restriction set for 1/24/2010. (Cahill, Jessica) (Entered: 10/29/2009)
11/05/200989  MOTION to Strike 87 Amended Complaint, Defendant Centex Homes' FRCP RULE 12(f) Motion to Strike Plaintiff Ko Olina Development, LLC's Second Amended Complaint; Jonathan Strother Moore appearing for Defendant Centex Homes (Attachments: # 1 Memorandum in Support of Motion, # 2 Declaration of Jonathan S. Moore, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D [RESTRICTED from viewing until Release of Transcript date 01/24/2010], # 7 Exhibit E, # 8 Certificate of Service)(Moore, Jonathan) Modified on 11/6/2009 - restrict exh D (bbb, ). (Entered: 11/05/2009)
11/06/200990 CERTIFICATE OF SERVICE by Ko Olina Development, LLC, Ko Olina Realty, LLC [Re Plaintiffs Ko Olina Development, LLC's and Ko Olina Realty, LLC's Notice of Taking Deposition Upon Written Questions; Questions; Exhibit "1" - McGuire Wood, California] (Cockett, Shyla) (Entered: 11/06/2009)
11/06/200991 CERTIFICATE OF SERVICE by Ko Olina Development, LLC, Ko Olina Realty, LLC RE NOTICE OF TAKING DEPOSITION OF BRUCE SLOAN UPON ORAL EXAMINATION (Cockett, Shyla) (Entered: 11/06/2009)
11/06/200992 CERTIFICATE OF SERVICE by Ko Olina Development, LLC, Ko Olina Realty, LLC RE NOTICE OF TAKING DEPOSITION OF 30(b)(6) DESIGNEE OF CENTEX HOMES UPON ORAL EXAMINATION (Cockett, Shyla) (Entered: 11/06/2009)
11/12/200993 NOTICE of Hearing on Motion 89 Defendant Centex Homes FRCP Rule 12 (f) MOTION to Strike 87 Plaintiff Ko Olina Development, LLC's Second Amended Complaint set for 12/16/2009 at 09:30 AM before JUDGE LESLIE E KOBAYASHI. Ripe Motion Deadline-12/16/2009. (Court Use) (lls, )
CERTIFICATE OF SERVICE
Participants 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. (Entered: 11/12/2009)
11/12/200994  MOTION to Compel Production of Documents from Defendant Centex Homes Shyla Pualani Young Cockett appearing for Plaintiffs Ko Olina Development, LLC, Ko Olina Realty, LLC (Attachments: # 1 Memorandum In Support of Motion, # 2 Affidavit of Shyla P.Y. Cockett, # 3 Affidavit of Jeffrey R. Stone, # 4 Exhibit "1", # 5 Exhibit "2", # 6 Exhibit "3" [RESTRICTED from viewing until Release of Transcript date 01/24/2010], # 7 Exhibit "4", # 8 Exhibit "5", # 9 Exhibit "6", # 10 Exhibit "7", # 11 Exhibit "8", # 12 Exhibit "9", # 13 Exhibit "10", # 14 Exhibit "11", # 15 Certificate of Service)(Cockett, Shyla) Modified on 11/13/2009 - inserting text and restriction on exh no. 3 (bbb, ). (Entered: 11/12/2009)
11/12/200995  MOTION to Shorten Time to hear Motion re 94 MOTION to Compel Production of Documents from Defendant Centex Homes Shyla Pualani Young Cockett appearing for Plaintiffs Ko Olina Development, LLC, Ko Olina Realty, LLC (Attachments: # 1 Affidavit Shyla P.Y. Cockett, # 2 Proposed Order, # 3 Certificate of Service)(Cockett, Shyla) (Entered: 11/12/2009)
11/12/200996 STATEMENT CERTIFICATE OF COMPLIANCE re 94 MOTION to Compel Production of Documents from Defendant Centex Homes Certificate of Compliance Pursuant to Local Rule 37.1(B) filed by Ko Olina Development, LLC, Ko Olina Realty, LLC. (Attachments: # 1 Certificate of Service)(Cockett, Shyla) Modified on 11/13/2009 - striking and inserting of text (bbb, ). (Entered: 11/12/2009)
11/18/200997 ORDER GRANTING 95 EX PARTE MOTION TO SHORTEN TIME FOR HEARING ON PLAINTIFFS' MOTION TO COMPEL PRODUCTION OF DOCUMENTS FROM DEFENDANT CENTEX HOME FILED NOVEMBER 12, 2009. ***Set motion hearing re 94 MOTION to Compel Production of Documents from Defendant Centex Homes: (Motion Hearing set for 12/2/2009 09:30 AM before JUDGE LESLIE E KOBAYASHI.) Deft opposition: 11/25/2009. Pltf reply to opp: 11/30/2009. Signed by JUDGE LESLIE E KOBAYASHI on 11/18/2009. (afc) No COS issued for this docket entry (Entered: 11/18/2009)
11/18/200998  MOTION to Shorten Time to hear Motion re 89 MOTION to Strike 87 Amended Complaint, Defendant Centex Homes' FRCP RULE 12(f) Motion to Strike Plaintiff Ko Olina Development, LLC's Second Amended Complaint; MOTION to Strike 87 Amended Complaint, Defendant Centex Homes' FRCP RULE 12(f) Motion to Strike Plaintiff Ko Olina Development, LLC's Second Amended Complaint; MOTION to Strike 87 Amended Complaint, Defendant Centex Homes' FRCP RULE 12(f) Motion to Strike Plaintiff Ko Olina Development, LLC's Second Amended Complaint; Jonathan Strother Moore appearing for Defendant Centex Homes (Attachments: # 1 Declaration of Jonathan S. Moore, # 2 [Proposed] Order Granting Ex Parte Motion to Advance Hearing on Defendant Centex Homes' FRCP Rule 12(f) Motion to Strike Plaintiff Ko Olina Development, LLC's Second Amended Complaint Filed November 5, 2009, # 3 Certificate of Service)(Moore, Jonathan) (Entered: 11/18/2009)
11/23/200999 ORDER GRANTING 98 EX PARTE MOTION TO ADVANCE HEARING ON DEFENDANT CENTEX HOMES' FRCP RULE 12(f) MOTION TO STRIKE PLAINTIFF KO OLINA DEVELOPMENT, LLC'S SECOND AMENDED COMPLAINT FILED NOVEMBER 5, 2009. ~ Hearing on 89 Defendant Centex Homes' FRCP RULE 12(f) Motion to Strike Plaintiff Ko Olina Development, LLC's Second Amended Complaint: (Motion Hearing set for 12/2/2009 09:30 AM before JUDGE LESLIE E KOBAYASHI). ~ Signed by JUDGE LESLIE E KOBAYASHI on 11/23/2009. (afc)
CERTIFICATE OF SERVICE
Participants 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 (Entered: 11/23/2009)
11/25/2009100 MEMORANDUM in Opposition re 89 MOTION to Strike 87 Amended Complaint, Defendant Centex Homes' FRCP RULE 12(f) Motion to Strike Plaintiff Ko Olina Development, LLC's Second Amended Complaint; MOTION to Strike 87 Amended Complaint, Defendant Centex Homes' FRCP RULE 12(f) Motion to Strike Plaintiff Ko Olina Development, LLC's Second Amended Complaint; MOTION to Strike 87 Amended Complaint, Defendant Centex Homes' FRCP RULE 12(f) Motion to Strike Plaintiff Ko Olina Development, LLC's Second Amended Complaint; filed by Ko Olina Development, LLC, Ko Olina Realty, LLC. (Attachments: # 1 Affidavit Kenneth B. Marcus, # 2 Affidavit Shyla P. Y. Cockett, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Certificate of Service)(Cockett, Shyla) (Entered: 11/25/2009)
11/25/2009101 MEMORANDUM in Opposition re 94 MOTION to Compel Production of Documents from Defendant Centex Homes filed by Centex Homes. (Attachments: # 1 Declaration of Jonathan S. Moore, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Certificate of Service)(Moore, Jonathan) (Entered: 11/25/2009)
11/30/2009102 REPLY to Response to Motion re 94 MOTION to Compel Production of Documents from Defendant Centex Homes Certificate of Service filed by Ko Olina Development, LLC, Ko Olina Realty, LLC. (Cockett, Shyla) (Entered: 11/30/2009)
12/02/2009103 EP: Motions Hearing held on 12/2/2009 re 94 MOTION to Compel Production of Documents from Defendant Centex Homes filed by Ko Olina Realty, LLC, Ko Olina Development, LLC,-Oral Argument Held. Motion is hereby Granted. Plaintiffs Oral Motion for Attorney Fees is under advisement. 89 Defendant Centex Homes' FRCP Rule 12(f) Motion to Strike Plaintiff Ko Olina Development, LLC;s Second Amended Complaint-Oral Argument Held. Motion is hereby Denied. Detailed Order Pending deadline set for 12/2/2009. (Court Reporter FTR-C7-Portable-9:26:01.) (JUDGE LESLIE E KOBAYASHI)(lls, )No COS issued for this docket entry (Entered: 12/02/2009)
12/02/2009104 ***Clerk's entry of "MOTION for Attorney Fees." With reference to the minutes of proceedings held before U.S. Magistrate Judge Leslie E. Kobayashi on 12/2/2009, docket entry no. 103 , this entry correlates to Plaintiff's ORAL Motion for Attorney Fees which was then taken under advisement. (afc) (Entered: 12/04/2009)
12/08/2009105 CERTIFICATE OF SERVICE by Centex Homes Re: 1) Defendant Centex Homes' First Request for Production of Documents to Plaintiff Ko Olina Development, LLC; and 2) Defendant Centex Homes' First Request for Answers to Interrogatories to Plaintiff Ko Olina Development, LLC (Moore, Jonathan) (Entered: 12/08/2009)
12/14/2009106 CERTIFICATE OF SERVICE by Ko Olina Development, LLC, Ko Olina Realty, LLC re 90 Certificate of Service, First Amended Notice of Taking Deposition Upon Written Questions; Questions; Exhibit "1" (McGuirewoods, LLP) (Cockett, Shyla) (Entered: 12/14/2009)
12/15/2009107  EO: COURT ORDER DENYING DEFENDANTS FRCP RULE 12(F) MOTION TO STRIKE PLAINTIFF KO OLINA DEVELOPMENT, LLCS SECOND AMENDED COMPLAINT. Re 89 MOTION to Strike 87 Amended Complaint. Defendant shall file its answer to the Second Amended Complaint by December 15, 2009. (JUDGE LESLIE E KOBAYASHI)(wnn, )
CERTIFICATE OF SERVICE
Participants 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 (Entered: 12/15/2009)
12/15/2009108  ANSWER to 87 Amended Complaint, by Centex Homes.(Moore, Jonathan) (Entered: 12/15/2009)
12/16/2009109 CERTIFICATE OF SERVICE by Centex Homes re 108 Answer to Amended Complaint Filed October 16, 2009 (Moore, Jonathan) (Entered: 12/16/2009)
12/16/2009110 ORDER GRANTING PLAINTIFFS' 103 MOTION TO COMPEL PRODUCTION OF DOCUMENTS FROM DEFENDANT CENTEX HOMES. Follows oral order of 12/02/2009. Signed by Magistrate JUDGE LESLIE E KOBAYASHI on December 16, 2009. (bbb, )
CERTIFICATE OF SERVICE
Participants 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 (Entered: 12/16/2009)
12/16/2009111 NOTICE by Centex Homes re 73 MOTION for Summary Judgment on Plaintiffs' First Amended Complaint, 74 Concise Statement in Support of Motion, Notice of Withdrawal Without Prejudice of Centex Homes' Motion for Summary Judgment on Plaintiff's First Amended Complaint Filed on September 16, 2009 Centex Homes. (Attachments: # 1 Certificate of Service)(Moore, Jonathan) (Entered: 12/16/2009)
12/16/2009112 NOTICE by Centex Homes re 73 MOTION for Summary Judgment on Plaintiffs' First Amended Complaint, 74 Concise Statement in Support of Motion, Amended Notice of Withdrawal Without Prejudice of Centex Homes' Motion for Summary Judgment on Plaintiffs' First Amended Complaint Filed on September 16, 2009 Centex Homes. (Attachments: # 1 Certificate of Service)(Moore, Jonathan) (Entered: 12/16/2009)
12/30/2009113 Declaration re 94 MOTION to Compel Production of Documents from Defendant Centex Homes in Support of Plaintiffs' Motion for Attorneys' Fees and Costs. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Certificate of Service)(Cockett, Shyla) (Entered: 12/30/2009)
12/31/2009114 Return of Service on Subpoena McGuireWoods, LLP was served on 12/14/2009 (Cockett, Shyla) (Entered: 12/31/2009)
01/08/2010115 STIPULATION TO MOVE DISPOSITIVE MOTION DEADLINE and ORDER. Signed by Magistrate JUDGE LESLIE E KOBAYASHI.(bbb, )
CERTIFICATE OF SERVICE
Participants 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 01/11/2010 (Entered: 01/08/2010)
01/11/2010116 RESPONSE in Opposition re 94 MOTION to Compel Production of Documents from Defendant Centex Homes [Response to KOD's Declaration in Support of Plaintiff's Motion for Attorneys' Fees] filed by Centex Homes. (Attachments: # 1 Declaration Declaration of Jonathan S. Moore)(Moore, Jonathan) Modified on 1/12/2010: (1) KOD's Declaration: doc. entry no. 113 . (2) Certificate of Service as noted in the document caption is not included with the filing. (afc). (Entered: 01/11/2010)
01/13/2010117 CERTIFICATE OF SERVICE by Centex Homes re 116 Response in Opposition to Motion,, (Moore, Jonathan) (Entered: 01/13/2010)
01/15/2010118 REPLY re 94 MOTION to Compel Production of Documents from Defendant Centex Homes[Reply to (doc 116 ) deft Centex Homes' Objection to plaintiff's Declaration in Support of plaintiff's MOTION for Fees and Costs associated with its Motion to Compel Production of Documents from defendant Centex Homes; Certificate of Service] filed by Ko Olina Development, LLC. (Cockett, Shyla) 1/18/2010: Docket text modified to clarify title of document. (afc) (Entered: 01/15/2010)
01/15/2010119 CERTIFICATE OF SERVICE by Ko Olina Development, LLC re Plaintiff Ko Olina Development, LLC's Response to Defendant Centex Homes' First Request for Answers to Interrogatories to Plaintiff (Cockett, Shyla) (Entered: 01/15/2010)
01/15/2010120 CERTIFICATE OF SERVICE by Ko Olina Development, LLC re Plaintiff Ko Olina Development, LLC's Response to Defendant Centex Homes' First Request for Production of Documents to Plaintiff (Cockett, Shyla) (Entered: 01/15/2010)
01/28/2010121 CERTIFICATE OF SERVICE by Ko Olina Development, LLC, Ko Olina Realty, LLC re 91 Certificate of Service First Amended Notice of Taking Deposition of Bruce Sloan Upon Oral Examination (Cockett, Shyla) (Entered: 01/28/2010)
01/28/2010122 CERTIFICATE OF SERVICE by Ko Olina Development, LLC, Ko Olina Realty, LLC Re First Amended Notice of Taking Deposition of 30(b)(6) Designee of Centex Homes Upon Oral Examination (Cockett, Shyla) (Entered: 01/28/2010)
02/02/2010123  EO: Final Pretrial Conference set for 6/8/2010 at 09:00 AM is moved to 6/10/2010 at 09:00 AM before JUDGE LESLIE E KOBAYASHI. Final Pretrial Conference Statements are now due 6/3/2010. (JUDGE LESLIE E KOBAYASHI)(wnn, )
CERTIFICATE OF SERVICE
Participants 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 (Entered: 02/02/2010)
02/05/2010124 CERTIFICATE OF SERVICE by Centex Homes Re: Defendant Centex Homes' Notice of Taking Deposition Upon Oral Examination (Jeffrey R. Stone, March 18, 2010; 9:00 a.m.) (Moore, Jonathan) (Entered: 02/05/2010)
02/05/2010125 CERTIFICATE OF SERVICE by Centex Homes Re: Defendant Centex Homes' Notice of Taking Deposition Upon Oral Examination of 30(b)(6) Designee of Ko Olina Development, LLC (Moore, Jonathan) (Entered: 02/05/2010)
02/09/2010126 ORDER AWARDING ATTORNEYS' FEES AND COSTS ~ Court AWARDS Plaintiffs [plaintiff Ko Olina Development, LLC and plaintiff Ko Olina Realty, LLC] $5,744.50 in attorneys' fees and $95.85 in costs, for a total award of $5,840.35. The Court ORDERS Defendant to pay this amount to Plaintiffs' counsel by no later than March 24, 2010 ~ Signed by JUDGE LESLIE E KOBAYASHI on 2/9/2010. related document: 110 Order granting 103 Plaintiffs' Motion to Compel Production of Documents from defendant Centex Homes. (afc)
CERTIFICATE OF SERVICE
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02/11/2010127 CERTIFICATE OF SERVICE by Ko Olina Development, LLC, Ko Olina Realty, LLC re 91 Certificate of Service Second Amended Notice of Taking Deposition of Bruce Sloan Upon Oral Examination (Cockett, Shyla) (Entered: 02/11/2010)
02/11/2010128 CERTIFICATE OF SERVICE by Ko Olina Development, LLC, Ko Olina Realty, LLC re 92 Certificate of Service Second Amended Notice of Taking Deposition of 30(b)(6) Designee of Centex Homes Upon Oral Examination (Cockett, Shyla) (Entered: 02/11/2010)
02/16/2010129 CERTIFICATE OF SERVICE by Ko Olina Development, LLC, Ko Olina Realty, LLC re 91 Certificate of Service re Third Amended Notice of Taking Deposition of Bruce Sloan Upon Oral Examination (Cockett, Shyla) (Entered: 02/16/2010)
02/16/2010130 CERTIFICATE OF SERVICE by Ko Olina Development, LLC, Ko Olina Realty, LLC re 92 Certificate of Service re Third Amended Notice of Taking Deposition of 30(b)(6) Designee of Centex Homes Upon Oral Examination (Cockett, Shyla) (Entered: 02/16/2010)
02/16/2010131  EP: Settlement Conference held on 2/16/2010. (Court Reporter In Chambers-No Record) (JUDGE LESLIE E KOBAYASHI)(wnn, )No COS issued for this docket entry (Entered: 02/17/2010)
02/17/2010132  EO: New trial date and deadlines given. Amended Rule 16 Scheduling Order to be issued. Discovery due by 6/4/2010. Motions due by 3/29/2010. Bench Trial set for 8/3/2010 09:00 AM before JUDGE DAVID ALAN EZRA. Final Pretrial Conference set for 6/22/2010 09:00 AM before JUDGE LESLIE E KOBAYASHI. (JUDGE LESLIE E KOBAYASHI)(wnn, )
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02/18/2010133 AMENDED RULE 16 SCHEDULING ORDER. Signed by JUDGE LESLIE E KOBAYASHI on 2/18/10. (ecs, )
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02/18/2010134 CERTIFICATE OF SERVICE by Ko Olina Development, LLC, Ko Olina Realty, LLC Re Notice of Taking Deposition Upon Written Questions of McGuireWoods LLP (Cockett, Shyla) (Entered: 02/18/2010)
02/18/2010135 CERTIFICATE OF SERVICE by Ko Olina Development, LLC, Ko Olina Realty, LLC Re Notice of Taking Deposition of Sidney Kanazawa, Esq. Upon Oral Examination (Cockett, Shyla) (Entered: 02/18/2010)
03/01/2010136 EO:Discovery Conference set for 3/1/2010 at 02:30 PM before JUDGE LESLIE E KOBAYASHI to be held in Courtroom No. 7. This Discovery Conference was requested by Attorney Shyla Cockett. (JUDGE LESLIE E KOBAYASHI)(lls, )
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Participants 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 (Entered: 03/01/2010)
03/01/2010137 EP: Discovery Hearing held on 3/1/2010. The Court expressed its dismay and disapproval that the deponent failed to answer questions before the court reporter in response to a subpoena and records deposition. The Court noted that the subpoena was issued by the Central District of California and not the District of Hawaii, and thus Plaintiffs may wish to commence contempt proceedings against the deponent in the proper venue. As to the documents produced by the deponent, the parties indicated that they are willing to enter into a stipulation as to authenticity and foundation. (Court Reporter Not Reported) (JUDGE LESLIE E KOBAYASHI)(mrf)No COS issued for this docket entry (Entered: 03/02/2010)
03/02/2010138 CERTIFICATE OF SERVICE by Centex Homes Re: Defendant Centex Homes' First Request for Answers to Interrogatories to Plaintiff Ko Olina Development, LLC; Exhibit "A" (Moore, Jonathan) (Entered: 03/02/2010)
03/08/2010139 CERTIFICATE OF SERVICE by Ko Olina Development, LLC, Ko Olina Realty, LLC re 135 Certificate of Service re First Amended Notice of Taking Deposition of Sidney Kanazawa, Esq. Upon Oral Examination (Cockett, Shyla) (Entered: 03/08/2010)
03/11/2010140 CERTIFICATE OF SERVICE by Ko Olina Development, LLC, Ko Olina Realty, LLC re 91 Certificate of Service Re Fourth Amended Notice of Taking Deposition of Bruce Sloan Upon Oral Examination (Cockett, Shyla) (Entered: 03/11/2010)
03/11/2010141 CERTIFICATE OF SERVICE by Centex Homes Re: Defendant Centex Homes' First Amended Notice of Taking Deposition Upon Oral Examination of Jeffrey R. Stone (Moore, Jonathan) (Entered: 03/11/2010)
03/11/2010142 CERTIFICATE OF SERVICE by Centex Homes Re: Defendant Centex Homes' First Amended Notice of Taking Deposition Upon Oral Examination of 30(b)(6) Designee of Ko Olina Development, LLC (Moore, Jonathan) (Entered: 03/11/2010)
03/17/2010143 CERTIFICATE OF SERVICE by Ko Olina Development, LLC, Ko Olina Realty, LLC Re Notice of Taking Deposition of Michael Kosmin Upon Oral Examination (Cockett, Shyla) (Entered: 03/17/2010)
03/19/2010144 Ex Parte MOTION for Protective Order Defendant Centex Homes' Ex Parte Petition to Shorten Time for Hearing on Motion for Protective Order; Jonathan Strother Moore appearing for Defendant Centex Homes (Attachments: # 1 Declaration of Jonathan S. Moore, # 2 Exhibit "A", # 3 [Proposed] Order Granting Defendant Centex Homes' Ex Parte Petition to Shorten Time for Hearing on Motion for Protective Order, # 4 Certificate of Service)(Moore, Jonathan) (Entered: 03/19/2010)
03/19/2010145 Second MOTION to Compel Production of Documents From Defendant Centex Homes and For Sanctions Shyla Pualani Young Cockett appearing for Plaintiffs Ko Olina Development, LLC, Ko Olina Realty, LLC (Attachments: # 1 Declaration Declaration of Shyla P.Y. Cockett, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2, # 4 Exhibit Exhibit 3, # 5 Exhibit Exhibit 4, # 6 Exhibit Exhibit 5, # 7 Exhibit Exhibit 6, # 8 Exhibit Exhibit 7, # 9 Exhibit Exhibit 8, # 10 Exhibit Exhibit 9, # 11 Exhibit Exhibit 10, # 12 Exhibit Exhibit 11, # 13 Exhibit Exhibit 12, # 14 Exhibit Exhibit 13, # 15 Exhibit Exhibit 14, # 16 Exhibit Exhibit 15, # 17 Exhibit Exhibit 16, # 18 Exhibit Exhibit 17, # 19 Exhibit Exhibit 18, # 20 Certificate of Service)(Cockett, Shyla) (Entered: 03/19/2010)
03/19/2010146  MOTION for Protective Order Defendant Centex Homes' Motion for Protective Order Jonathan Strother Moore appearing for Defendant Centex Homes (Attachments: # 1 Memorandum in Support of Motion, # 2 Exhibit "A", # 3 Exhibit "B", # 4 Exhibit "C", # 5 Exhibit "D", # 6 Exhibit "E", # 7 Exhibit "F", # 8 Exhibit "G", # 9 Exhibit "H", # 10 Exhibit "I", # 11 Exhibit "J", # 12 Exhibit "K", # 13 Exhibit "L", # 14 Exhibit "M", # 15 Exhibit "N", # 16 Exhibit "O", # 17 Exhibit "P", # 18 Exhibit "P-1", # 19 Exhibit "P-2", # 20 Exhibit "Q", # 21 Exhibit "R", # 22 Exhibit "S", # 23 Exhibit "T", # 24 Exhibit "U", # 25 Exhibit "V", # 26 Exhibit "W", # 27 Declaration and FRCP Rule 26(c) Certification of Jonathan S. Moore, # 28 Affidavit of Bruce Sloan, # 29 Certificate of Service)(Moore, Jonathan) (Entered: 03/19/2010)
03/19/2010147  EO: Court's Order Terminating 144 Ex Parte Motion to Shorten Time for Hearing on 146 MOTION for Protective Order. Defendant Centex Homes' 146 Motion for Protective Order. Motion Hearing set for 4/1/2010 at 09:00 AM before JUDGE LESLIE E KOBAYASHI. (JUDGE LESLIE E KOBAYASHI)(wnn, )
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03/19/2010148 NOTICE of Hearing on Motion 145 Second MOTION to Compel Production of Documents From Defendant Centex Homes and For Sanctions : Motion Hearing set for 4/28/2010 at 09:30 AM before JUDGE LESLIE E KOBAYASHI. (wnn, )
CERTIFICATE OF SERVICE
Participants 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. (Entered: 03/19/2010)
03/22/2010149 Ex Parte MOTION to Expedite Defendant Centex Homes' Ex Parte Motion to Advance Time for Hearing on Motion for Protective Order, Currently Set for April 1, 2010, to a Date on or Before Mach 25, 2010; Jonathan Strother Moore appearing for Defendant Centex Homes (Attachments: # 1 Declaration of Jonathan S. Moore, # 2 Exhibit "A", # 3 [Proposed] Order Granting Defendant Centex Homes' Ex Parte Motion to Advance Time for Hearing on Motion for Protective Order, Currently Set for April 1, 2010, to a Date on or Before March 25, 2010, # 4 Certificate of Service)(Moore, Jonathan) (Entered: 03/22/2010)
03/22/2010150  EO: Discovery Conference set for 3/22/2010 at 03:00 PM before JUDGE LESLIE E KOBAYASHI. (JUDGE LESLIE E KOBAYASHI)(wnn, )
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03/22/2010151  EP: Discovery Conference held on 3/22/2010. Denying 149 Motion to Expedite; (Court Reporter Courtroom 7-No Record) (JUDGE LESLIE E KOBAYASHI)(wnn, )No COS issued for this docket entry (Entered: 03/22/2010)
03/22/2010152  EO: Status Conference set for 3/23/2010 at 03:30 PM before JUDGE LESLIE E KOBAYASHI. (JUDGE LESLIE E KOBAYASHI)(wnn, )
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Participants 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 (Entered: 03/22/2010)
03/23/2010153  EP: Status Conference held on 3/23/2010. (Court Reporter Courtroom 7-No Record) (JUDGE LESLIE E KOBAYASHI)(wnn, )No COS issued for this docket entry (Entered: 03/23/2010)
03/24/2010154 MEMORANDUM in Opposition re 146 MOTION for Protective Order Defendant Centex Homes' Motion for Protective Order filed by Ko Olina Development, LLC, Ko Olina Realty, LLC. (Attachments: # 1 Declaration of Shyla P.Y. Cockett, # 2 Declaration of Andrew J. Lautenbach, # 3 Exhibit #1, # 4 Exhibit #2, # 5 Exhibit #3, # 6 Exhibit #4, # 7 Certificate of Service)(Cockett, Shyla) (Entered: 03/24/2010)
03/24/2010155 CERTIFICATE OF SERVICE by Ko Olina Development, LLC, Ko Olina Realty, LLC Re: Notice of Taking Deposition Upon Written Questions (Hawaiiana Management Company, Ltd. - April 6, 2010) (Cockett, Shyla) (Entered: 03/24/2010)
03/24/2010156 CERTIFICATE OF SERVICE by Ko Olina Development, LLC, Ko Olina Realty, LLC Re: Notice of Taking Deposition Upon Written Questions (AOAO Beach Villas at Ko Olina - April 6, 2010) (Cockett, Shyla) (Entered: 03/24/2010)
03/25/2010157 CERTIFICATE OF SERVICE by Ko Olina Development, LLC, Ko Olina Realty, LLC re 143 Certificate of Service Re Plaintiffs Ko Olina Development, LLC and Ko Olina Realty, LLC's First Amended Notice of Taking Deposition of Michael Kosmin Upon Oral Examination (Cockett, Shyla) (Entered: 03/25/2010)
03/29/2010158  MOTION to Strike The Deposition Testimony of Michael Kosmin Taken March 26, 2010 Jonathan Strother Moore appearing for Defendant Centex Homes (Attachments: # 1 Memorandum in Support of Motion, # 2 Declaration of Jonathan S. Moore, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Certificate of Service)(Moore, Jonathan) (Entered: 03/29/2010)
03/29/2010159  MOTION Defendant Centex Homes' FRCP Rule 37(c) Motion to Exclude Evidence Related to Plaintiff's Alleged Damages Jonathan Strother Moore appearing for Defendant Centex Homes (Attachments: # 1 Memorandum in Support of Motion, # 2 Declaration of Jonathan S. Moore, # 3 Exhibit A, # 4 Exhibit B (1 of 2), # 5 Exhibit B (2 of 2), # 6 Certificate of Service)(Moore, Jonathan) (Entered: 03/29/2010)
03/29/2010160 Ex Parte MOTION For Leave to Exceed Word Limit for Motion for Summary Judgment on Plaintiff's Second Amended Complaint filed October 16, 2009 Jonathan Strother Moore appearing for Defendant Centex Homes (Attachments: # 1 Affidavit of Jonathan S. Moore, # 2 Certificate of Service)(Moore, Jonathan) Modified on 3/30/2010 - Motion terminated; AMENDED ex parte motion e-filed (doc 162 ) (afc). (Entered: 03/29/2010)
03/29/2010161 NOTICE of Hearing on Motion 158 MOTION to Strike The Deposition Testimony of Michael Kosmin Taken March 26, 2010, 159 MOTION Defendant Centex Homes' FRCP Rule 37(c) Motion to Exclude Evidence Related to Plaintiff's Alleged Damages MOTION Defendant Centex Homes' FRCP Rule 37(c) Motion to Exclude Evidence Related to Plaintiff's Alleged Damages : Motion Hearing set for 5/10/2010 at 09:30 AM before JUDGE LESLIE E KOBAYASHI. (wnn, )
CERTIFICATE OF SERVICE
Participants 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. (Entered: 03/29/2010)
03/29/2010162 Ex Parte MOTION for Leave to Exceed Word Limit for Motion for Summary Judgment on Plaintiffs' Second Amended Complaint Filed October 16, 2009 (AMENDED) Jonathan Strother Moore appearing for Defendant Centex Homes (Attachments: # 1 Affidavit of Jonathan S. Moore, # 2 Order Granting Defendant Centex Homes' Amended Ex Parte Motion for Leave to Exceed Word Limit, # 3 Certificate of Service)(Moore, Jonathan) (Entered: 03/29/2010)
03/29/2010163 MOTION for Partial Summary Judgment No. 1 (Re: Option Agreements) Shyla Pualani Young Cockett appearing for Plaintiffs Ko Olina Development, LLC, Ko Olina Realty, LLC (Attachments: # 1 Memorandum In Support of Motion, # 2 Certificate of Service)(Cockett, Shyla) Modified on 4/30/2010: ERRATA to Motion e-filed on 4/29/2010. Please refer to docket entry no. 212 . (afc) (Entered: 03/29/2010)
03/29/2010164 STATEMENT re 163 MOTION for Partial Summary Judgment No. 1 (Re: Option Agreements) MOTION for Partial Summary Judgment No. 1 (Re: Option Agreements) Certificate of Compliance filed by Ko Olina Development, LLC, Ko Olina Realty, LLC. (Attachments: # 1 Certificate of Service)(Cockett, Shyla) (Entered: 03/29/2010)
03/29/2010165  MOTION for Partial Summary Judgment No. 2 (Re: Covenant 3B) Shyla Pualani Young Cockett appearing for Plaintiffs Ko Olina Development, LLC, Ko Olina Realty, LLC (Attachments: # 1 Memorandum In Support of Motion, # 2 Certificate of Service)(Cockett, Shyla) (Entered: 03/29/2010)
03/29/2010166 STATEMENT re 165 MOTION for Partial Summary Judgment No. 2 (Re: Covenant 3B) MOTION for Partial Summary Judgment No. 2 (Re: Covenant 3B) Certificate of Compliance filed by Ko Olina Development, LLC, Ko Olina Realty, LLC. (Attachments: # 1 Certificate of Service)(Cockett, Shyla) (Entered: 03/29/2010)
03/29/2010167  MOTION for Partial Summary Judgment No. 3 (Re: Conditions) Shyla Pualani Young Cockett appearing for Plaintiffs Ko Olina Development, LLC, Ko Olina Realty, LLC (Attachments: # 1 Memorandum In Support of Motion, # 2 Certificate of Service)(Cockett, Shyla) (Entered: 03/29/2010)
03/29/2010168 STATEMENT re 167 MOTION for Partial Summary Judgment No. 3 (Re: Conditions) MOTION for Partial Summary Judgment No. 3 (Re: Conditions) Certificate of Compliance filed by Ko Olina Development, LLC, Ko Olina Realty, LLC. (Attachments: # 1 Certificate of Service)(Cockett, Shyla) (Entered: 03/29/2010)
03/29/2010169 CONCISE STATEMENT of Facts re 163 MOTION for Partial Summary Judgment No. 1 (Re: Option Agreements) MOTION for Partial Summary Judgment No. 1 (Re: Option Agreements), 165 MOTION for Partial Summary Judgment No. 2 (Re: Covenant 3B) MOTION for Partial Summary Judgment No. 2 (Re: Covenant 3B), 167 MOTION for Partial Summary Judgment No. 3 (Re: Conditions) MOTION for Partial Summary Judgment No. 3 (Re: Conditions) filed by Ko Olina Development, LLC, Ko Olina Realty, LLC. (Attachments: # 1 Declaration of Jeffrey Stone; Exhibits "1", "2", "5"-"11", "14"-"16", "18", "20"-"27", "29", # 2 Declaration of Kendall Kim; Exhibits "17" and "28", # 3 Declaration of Shyla P.Y. Cockett; Exhibits "3", "4", "12", "13", "19", "30"-"41", # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10, # 14 Exhibit 11, # 15 Exhibit 12, # 16 Exhibit 13, # 17 Exhibit 14, # 18 Exhibit 15, # 19 Exhibit 16, # 20 Exhibit 17, # 21 Exhibit 18, # 22 Exhibit 19, # 23 Exhibit 20, # 24 Exhibit 21, # 25 Exhibit 22, # 26 Exhibit 23, # 27 Exhibit 24, # 28 Exhibit 25, # 29 Exhibit 26, # 30 Exhibit 27, # 31 Exhibit 28, # 32 Exhibit 29, # 33 Exhibit 30, # 34 Exhibit 31, # 35 Exhibit 32, # 36 Exhibit 33, # 37 Exhibit 34, # 38 Exhibit 35, # 39 Exhibit 36, # 40 Exhibit 37, # 41 Exhibit 38, # 42 Exhibit 39, # 43 Exhibit 40, # 44 Exhibit 41, # 45 Certificate of Service)(Cockett, Shyla) Modified on 3/30/2010: Minimizing duplicate text; specifying those exhibits relating to the respective declarations. (afc) Modified on 4/2/2010: ERRATA to the Concise Statement e-filed on 4/1/2010. Please refer to docket entry no. 190 . (afc) (Entered: 03/29/2010)
03/29/2010170 MOTION for Summary Judgment on Plaintiff's Second Amended Complaint Jonathan Strother Moore appearing for Defendant Centex Homes (Moore, Jonathan) Modified on 4/5/2010: ERRATA to the Motion for Summary Judgment e-filed on 4/5/2010. Please refer to docket entry no. 192 . (afc) (Entered: 03/29/2010)
03/29/2010171  Exhibits A through C re: 170 MOTION for Summary Judgment Exhibits A through C to Motion for Summary Judgment filed by Jonathan Strother Moore appearing for Defendant Centex Homes (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Moore, Jonathan) Modified on 3/30/2010 (afc). (Entered: 03/29/2010)
03/29/2010172  Exhibit D (part 1 of 2) re: 170 MOTION for Summary Judgment on Plaintiffs' Second Amended Complaint (Part 3) Jonathan Strother Moore appearing for Defendant Centex Homes (Attachments: # 1 Exhibit D (Part 1 of 2))(Moore, Jonathan) Modified on 3/30/2010 (afc). (Entered: 03/29/2010)
03/29/2010173  Exhibit D (part 2 of 2) re: 170 MOTION for Summary Judgment on Plaintiffs' Second Amended Complaint (Part 4) Jonathan Strother Moore appearing for Defendant Centex Homes (Attachments: # 1 Exhibit D (Part 2 of 2))(Moore, Jonathan) Modified on 3/30/2010 (afc). (Entered: 03/29/2010)
03/29/2010174  Exhibit E (part 1 of 2) re: 170 MOTION for Summary Judgment on Plaintiffs' Second Amended Complaint (Part 5) Jonathan Strother Moore appearing for Defendant Centex Homes (Attachments: # 1 Exhibit E (Part 1 of 2))(Moore, Jonathan) Modified on 3/30/2010 (afc). (Entered: 03/29/2010)
03/29/2010175  Exhibit E (part 2 of 2) re: 170 MOTION for Summary Judgment on Plaintiffs Second Amended Complaint (Part 6) Jonathan Strother Moore appearing for Defendant Centex Homes (Attachments: # 1 Exhibit E (Part 2 of 2))(Moore, Jonathan) Modified on 3/30/2010 (afc). (Entered: 03/29/2010)
03/29/2010176  Exhibits F, G, and H re: 170 MOTION for Summary Judgment on Plaintiffs Second Amended Complaint (Part 7) Jonathan Strother Moore appearing for Defendant Centex Homes (Attachments: # 1 Exhibit F, # 2 Exhibit G, # 3 Exhibit H, # 4 Exhibit I)(Moore, Jonathan) Modified on 3/30/2010 (afc). (Entered: 03/29/2010)
03/29/2010177  Exhibit J re: 170 MOTION for Summary Judgment on Plaintiffs Second Amended Complaint (Part 8) Jonathan Strother Moore appearing for Defendant Centex Homes (Attachments: # 1 Exhibit J (Part 1 of 2), # 2 Exhibit J (Part 2 of 2))(Moore, Jonathan) Modified on 3/30/2010 (afc). (Entered: 03/29/2010)
03/29/2010178  Exhibit K (Submission of Exhibit K, parts 1 - 10) re: 170 MOTION for Summary Judgment on Plaintiffs Second Amended Complaint (Part 9) Jonathan Strother Moore appearing for Defendant Centex Homes (Attachments: # 1 Exhibit K (Part 1 of 20), # 2 Exhibit K (Part 2 of 20), # 3 Exhibit K (Part 3 of 20), # 4 Exhibit K (Part 4 of 20), # 5 Exhibit K (Part 5 of 20), # 6 Exhibit K (Part 6 of 20), # 7 Exhibit K (Part 7 of 20), # 8 Exhibit K (Part 8 of 20), # 9 Exhibit K (Part 9 of 20), # 10 Exhibit K (Part 10 of 20))(Moore, Jonathan) Modified on 3/30/2010 (afc). (Entered: 03/29/2010)
03/29/2010179  Exhibit K (Submission of Exhibit K, parts 2 - 20) re: 170 MOTION for Summary Judgment on Plaintiffs Second Amended Complaint (Part 10) Jonathan Strother Moore appearing for Defendant Centex Homes (Attachments: # 1 Exhibit K (Part 11 of 20), # 2 Exhibit K (Part 12 of 20), # 3 Exhibit K (Part 13 of 20), # 4 Exhibit K (Part 14 of 20), # 5 Exhibit K (Part 15 of 20), # 6 Exhibit K (Part 16 of 20), # 7 Exhibit K (Part 17 of 20), # 8 Exhibit K (Part 18 of 20), # 9 Exhibit K (Part 19 of 20), # 10 Exhibit K (Part 20 of 20))(Moore, Jonathan) Modified on 3/30/2010 (afc). (Entered: 03/29/2010)
03/29/2010180  "Additional Exhibits" - Submission of Exhibit L, M, and N; Declaration of Jonathan S. Moore; Declaration of Bruce Sloan; L.R. 7.5(e) Certification; COS re: 170 MOTION for Summary Judgment on Plaintiffs Second Amended Complaint (Part 11) Jonathan Strother Moore appearing for Defendant Centex Homes (Attachments: # 1 Exhibit L, # 2 Exhibit M, # 3 Exhibit N, # 4 Declaration of Jonathan S. Moore, # 5 Declaration of Bruce Sloan, # 6 L.R. 7.5(e) Certification, # 7 Certificate of Service)(Moore, Jonathan) Modified on 3/30/2010 (afc). (Entered: 03/29/2010)
03/29/2010181  Concise Statement of Undisputed Material Facts MOTION re 170 MOTION for Summary Judgment on Plaintiff's Second Amended Complaint Concise Statement of Undisputed Material Facts Jonathan Strother Moore appearing for Defendant Centex Homes (Attachments: # 1 Declaration of Bruce Sloan, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit H, # 9 Exhibit J, # 10 Exhibit K)(Moore, Jonathan) Modified on 3/30/2010 (afc). Modified on 4/2/2010 ERRATUM to the Concise Statement e-filed on 4/1/2010. Please refer to docket entry no. 189 . (afc) (Entered: 03/29/2010)
03/30/2010   ADVISORY ENTRY (re-filing of documents is not necessary). Advisory re e-filings on behalf of defendant Centex Homes, docket entry nos. 171 , 172 , 173 , 174 , 175 , 176 , 177 , 178 , 179 , 180 , 181 . Incorrect filing event "MOTION" selected for each docket entry. The docket text for each entry has been modified; the NEF for each entry will be re-generated following the entry of this advisory notice. Filing party may have selected "Additional Exhibits" (located under "Responses and Replies") for documents 171 through 180. Docket entry 181 is a Concise Statement. Under the category "Motions and Releated Filings" and sub-category "Responses and Replies" there are several options the filer may have selected from. The pending motions created by the filings have been terminated. (afc) (Entered: 03/30/2010)
03/30/2010182 CERTIFICATE OF SERVICE by Centex Homes re 162 Ex Parte MOTION for Leave to Exceed Word Limit for Motion for Summary Judgment on Plaintiffs' Second Amended Complaint Filed October 16, 2009 (AMENDED)Ex Parte MOTION for Leave to Exceed Word Limit for Motion for Summary Judgment on Plaintiffs' Second Amended Complaint Filed October 16, 2009 (AMENDED) - Amended Certificate of Service (Moore, Jonathan) (Entered: 03/30/2010)
03/30/2010183 CERTIFICATE OF SERVICE by Centex Homes re 170 MOTION for Summary Judgment on Plaintiff's Second Amended Complaint - Amended Certificate of Service (Moore, Jonathan) (Entered: 03/30/2010)
03/30/2010184 CERTIFICATE OF SERVICE by Centex Homes re 181 MOTION re 170 MOTION for Summary Judgment on Plaintiff's Second Amended Complaint Concise Statement of Undisputed Material Facts MOTION re 170 MOTION for Summary Judgment on Plaintiff's Second Amended Complaint Concise Statement of Undisputed Material Facts MOTION re 170 MOTION for Summary Judgment on Plaintiff's Second Amended Complaint Concise Statement of Undisputed Material Facts (Moore, Jonathan) (Entered: 03/30/2010)
03/31/2010185 CERTIFICATE OF SERVICE by Ko Olina Development, LLC, Ko Olina Realty, LLC re 138 Certificate of Service Re Plaintiff Ko Olina Development, LLC's Response to Defendant Centex Homes' First Request for Answers to Interrogatories to Plaintiff Ko Olina Development, LLC, Dated March 1, 2010 (Cockett, Shyla) (Entered: 03/31/2010)
03/31/2010186  EO: 146 Motion for Protective Order is Withdrawn and terminated. Hearing set for 4/1/2010 at 09:00 AM before JUDGE LESLIE E. KOBAYASHI is Vacated. (JUDGE LESLIE E KOBAYASHI)(wnn, )
CERTIFICATE OF SERVICE
Participants 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 (Entered: 03/31/2010)
03/31/2010187  MOTION to Strike the Declarations and Exhibits to Defendant Centex Homes' Motion for Summary Judgment on Plaintiffs' Second Amended Complaint, Filed March 29, 2010 and Exhibits A, E and F to Defendant's Concise Statement of Undisputed Material Facts in Support of Motion for Summary Judgment on Plaintiffs' Second Amended Complaint, Filed March 29, 2010 Shyla Pualani Young Cockett appearing for Plaintiffs Ko Olina Development, LLC, Ko Olina Realty, LLC (Attachments: # 1 Certificate of Service)(Cockett, Shyla) (Entered: 03/31/2010)
03/31/2010188 Defendant Centex Homes' ORDER GRANTING DEFENDANT CENTEX HOMES' 162 EX PARTE MOTION FOR LEAVE TO EXCEED WORD LIMIT FOR MOTION FOR SUMMARY JUDGMENT ON PLAINTIFFS' SECOND AMENDED COMPLAINT FILED OCTOBER 16, 2009. Signed by District JUDGE DAVID ALAN EZRA on March 31, 2010. (bbb, )
CERTIFICATE OF SERVICE
Participants 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 (Entered: 03/31/2010)
04/01/2010189 Errata re 181 MOTION re 170 MOTION for Summary Judgment on Plaintiff's Second Amended Complaint Concise Statement of Undisputed Material Facts MOTION re 170 MOTION for Summary Judgment on Plaintiff's Second Amended Complaint Concise Statement of Undisputed Material Facts MOTION re 170 MOTION for Summary Judgment on Plaintiff's Second Amended Complaint Concise Statement of Undisputed Material Facts Erratum to Defendant Centex Homes' Concise Statement of Undisputed Material Facts in Support of Motion for Summary Judgment on Plantiffs' Second Amended Complaint Filed on March 29, 2010. (Attachments: # 1 Declaration of Bruce Sloan, # 2 Declaration of Jonathan S. Moore, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Exhibit N, # 17 L.R. Rule 7.5(e) Certification, # 18 Certificate of Service)(Moore, Jonathan) (Entered: 04/01/2010)
04/01/2010190 Errata re 169 Concise Statement of Facts,,,,,,,,. (Attachments: # 1 Exhibit "A", # 2 Certificate of Service)(Cockett, Shyla) (Entered: 04/01/2010)
04/05/2010191 NOTICE of Hearing on Motion 165 MOTION for Partial Summary Judgment, 167 MOTION for Partial Summary Judgment, 170 MOTION for Summary Judgment on Plaintiff's Second Amended Complaint, 187 MOTION to Strike the Declarations and Exhibits to Defendant Centex Homes' Motion for Summary Judgment on Plaintiffs' Second Amended Complaint, 163 MOTION for Partial Summary Judgment. Motion Hearing set for 6/1/2010 09:45 AM before JUDGE DAVID ALAN EZRA. (tl, )
CERTIFICATE OF SERVICE
Participants 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. (Entered: 04/05/2010)
04/05/2010192 Errata re 170 MOTION for Summary Judgment on Plaintiff's Second Amended Complaint Filed March 29, 2010. (Attachments: # 1 Table of Contents and Table of Authorities, # 2 Memorandum In Support of Motion, # 3 Certificate of Service)(Moore, Jonathan) (Entered: 04/05/2010)
04/06/2010193 CERTIFICATE OF SERVICE by Ko Olina Development, LLC, Ko Olina Realty, LLC Re Plaintiffs Ko Olina Development, LLC's and Ko Olina Realty, LLC's Notice of Taking Deposition of Joel Sowers Upon Oral Examination [April 19, 2010 at 9:30 a.m.] (Cockett, Shyla) (Entered: 04/06/2010)
04/07/2010194 MEMORANDUM in Opposition re 145 Second MOTION to Compel Production of Documents From Defendant Centex Homes and For Sanctions [Filed on March 19, 2010] filed by Centex Homes. (Attachments: # 1 Declaration of Jonathan S. Moore, # 2 Affidavit of Bruce Sloan, # 3 Declaration of Bruce Sloan, # 4 Exhibit "A", # 5 Exhibit "B", # 6 Exhibit "C", # 7 Exhibit "D", # 8 Exhibit "E", # 9 Exhibit "F", # 10 Exhibit "G-1", # 11 Exhibit "G-2", # 12 Exhibit "H", # 13 Exhibit "I" (1of3), # 14 Exhibit "I" (2of3), # 15 Exhibit "I" (3of3), # 16 Certificate of Service)(Moore, Jonathan) (Entered: 04/07/2010)
04/07/2010195 CERTIFICATE OF SERVICE by Centex Homes RE: Notice of Taking Deposition Upon Oral Examination (Owen Matsunaga, Nadine Ogata, Joseph Yamaoka and Ralph Harris) (Moore, Jonathan) (Entered: 04/07/2010)
04/08/2010196  EO: Status Conference set for 4/12/2010 at 09:30 AM before JUDGE LESLIE E KOBAYASHI. (JUDGE LESLIE E KOBAYASHI)(wnn, )
CERTIFICATE OF SERVICE
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04/09/2010   EO: Status Conference set for 4/12/2010 at 09:30 AM before JUDGE LESLIE E. KOBAYASHI is Vacated. (JUDGE LESLIE E KOBAYASHI)(wnn, )
CERTIFICATE OF SERVICE
Participants 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 (Entered: 04/09/2010)
04/14/2010197 REPLY re 194 Memorandum in Opposition to Motion,, (Re: Motion to Compel Production of Documents from Centex and for Sanctions filed on 3/19/10) filed by Ko Olina Development, LLC, Ko Olina Realty, LLC. (Attachments: # 1 Declaration of Shyla P.Y. Cockett, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Certificate of Service)(Cockett, Shyla) (Entered: 04/14/2010)
04/19/2010200 MEMORANDUM in Opposition re 158 MOTION to Strike The Deposition Testimony of Michael Kosmin Taken March 26, 2010 filed by Ko Olina Development, LLC. (Attachments: # 1 Declaration of Shyla P.Y. Cockett, # 2 Exhibit "1", # 3 Exhibit "2", # 4 Exhibit "3", # 5 Exhibit "4", # 6 Certificate of Service)(Cockett, Shyla) (Entered: 04/19/2010)
04/19/2010201 MEMORANDUM in Opposition re 159 MOTION Defendant Centex Homes' FRCP Rule 37(c) Motion to Exclude Evidence Related to Plaintiff's Alleged Damages MOTION Defendant Centex Homes' FRCP Rule 37(c) Motion to Exclude Evidence Related to Plaintiff's Alleged Damages filed by Ko Olina Development, LLC. (Attachments: # 1 Certificate of Service)(Cockett, Shyla) (Entered: 04/19/2010)
04/20/2010202  EO: Discovery Conference set for 4/23/2010 at 09:00 AM before JUDGE LESLIE E KOBAYASHI. (JUDGE LESLIE E KOBAYASHI)(wnn, )
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Participants 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 (Entered: 04/20/2010)
04/23/2010203  EP: Discovery Conference held on 4/23/2010. (Court Reporter Courtroom 7-No Record) (JUDGE LESLIE E KOBAYASHI)(wnn, )No COS issued for this docket entry (Entered: 04/23/2010)
04/26/2010204 REPLY re 200 Memorandum in Opposition to Motion, Defendent Centex Homes' filed by Centex Homes. (Attachments: # 1 Exhibit "A", # 2 Certificate of Service)(Moore, Jonathan) (Entered: 04/26/2010)
04/26/2010205 CERTIFICATE OF SERVICE by Centex Homes re 204 Reply Certificate of Service Re: Defendant Centex Homes' Reply Memorandum to Plaintiff Ko Olina Development's Memorandum in Opposition to Centex Homes' Motion to Strike the Deposition Testimony of Michael Kosmin Taken March 26, 2010 [Motion Filed on March 29, 2010]; Exhibit "A" (Moore, Jonathan) (Entered: 04/26/2010)
04/26/2010206 REPLY re 201 Memorandum in Opposition to Motion, Defendant Centex Homes' Reply to Ko Olina Development, LLC's Memorandum in Opposition to Centex Homes' FRCP Rule 37(c) Motion to Exclude Evidence Related to Plaintiff's Alleged Damages [Motion Filed on March 29, 2010] filed by Centex Homes. (Attachments: # 1 Certificate of Service)(Moore, Jonathan) (Entered: 04/26/2010)
04/26/2010207  MOTION for Protective Order Defendant Centex Homes' Motion for Protective Order Prohibiting Plaintiff Ko Olina Development, LLC, From Deposing Tim Eller Jonathan Strother Moore appearing for Defendant Centex Homes (Attachments: # 1 Memorandum in Support of Motion, # 2 Declaration of Jonathan S. Moore, # 3 Exhibit "A", # 4 Exhibit "B", # 5 Exhibit "C", # 6 Exhibit "D", # 7 Exhibit "E", # 8 Exhibit "F", # 9 Exhibit "G", # 10 Certificate of Service)(Moore, Jonathan) (Entered: 04/26/2010)
04/27/2010208 CERTIFICATE OF SERVICE by Centex Homes re 204 Reply, 207 MOTION for Protective Order Defendant Centex Homes' Motion for Protective Order Prohibiting Plaintiff Ko Olina Development, LLC, From Deposing Tim Eller, 205 Certificate of Service, 206 Reply, Amended Certificate of Service (Moore, Jonathan) (Entered: 04/27/2010)
04/27/2010209  EO: COURT'S ORDER Re: 207 MOTION for Protective Order. Defendant Centex Homes' Motion for Protective Order Prohibiting Plaintiff Ko Olina Development, LLC, From Deposing Tim Eller. (JUDGE LESLIE E KOBAYASHI)(wnn, )
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04/28/2010210  EP: Motion Hearing held on 4/28/2010 re 145 Second MOTION to Compel Production of Documents From Defendant Centex Homes and For Sanctions filed by Ko Olina Realty, LLC, Ko Olina Development, LLC. Granting in part and denying in part 145 Motion to Compel; Court to issue Order.(Court Reporter FTR-Courtroom 7) (JUDGE LESLIE E KOBAYASHI)(wnn, )No COS issued for this docket entry (Entered: 04/28/2010)
04/29/2010211 MEMORANDUM in Opposition re 207 MOTION for Protective Order Defendant Centex Homes' Motion for Protective Order Prohibiting Plaintiff Ko Olina Development, LLC, From Deposing Tim Eller filed by Ko Olina Development, LLC. (Attachments: # 1 Declaration of Shyla P.Y. Cockett, # 2 Exhibit "1", # 3 Exhibit "2", # 4 Exhibit "3", # 5 Exhibit "4", # 6 Exhibit "5", # 7 Exhibit "6", # 8 Exhibit "7", # 9 Exhibit "8", # 10 Exhibit "9", # 11 Certificate of Service)(Cockett, Shyla) (Entered: 04/29/2010)
04/29/2010212 Errata to Plaintiffs' Motion for Partial Summary Judgment No. 1 (Re: Option Agreements), Filed March 29, 2009 re: 163 . (Attachments: # 1 Exhibit "A", # 2 Certificate of Service)(Cockett, Shyla) Modified on 4/30/2010 to add document number link to correlate to the underlying Motion for PSJ, doc no. 163. (afc). (Entered: 04/29/2010)
04/29/2010   EO: Motion Taken Under Advisement: 207 MOTION for Protective Order Defendant Centex Homes' Motion for Protective Order Prohibiting Plaintiff Ko Olina Development, LLC, From Deposing Tim Eller. (JUDGE LESLIE E KOBAYASHI)(wnn, )
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04/30/2010213 NOTICE of Hearing on Motion 207 MOTION for Protective Order Defendant Centex Homes' Motion for Protective Order Prohibiting Plaintiff Ko Olina Development, LLC, From Deposing Tim Eller : Motion Hearing set for 5/10/2010 at 09:30 AM before JUDGE LESLIE E KOBAYASHI. (wnn, )
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Participants 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. (Entered: 04/30/2010)
04/30/2010214  EO: ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS SECOND MOTION TO COMPEL PRODUCTION OF DOCUMENTS FROM DEFENDANT CENTEX HOMES AND FOR SANCTIONS, FILED MARCH 19, 2010. Re 145 Second MOTION to Compel Production of Documents From Defendant Centex Homes and For Sanctions. (JUDGE LESLIE E KOBAYASHI)(wnn, )
CERTIFICATE OF SERVICE
Participants 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 (Entered: 04/30/2010)
05/04/2010215 Ex Parte MOTION for Leave to File Excess Pages (To Exceed Word Limit) in Filing Its (1) Separate Concise Statement of Facts and (2) Memorandum in Opposition to Defendant Centex Homes' Motion for Summary Judgment on Plaintiffs' Second Amended Complaint, Filed on March 29, 2010; Shyla Pualani Young Cockett appearing for Plaintiffs Ko Olina Development, LLC, Ko Olina Realty, LLC (Attachments: # 1 Declaration of Shyla P.Y. Cockett, # 2 Certificate of Service)(Cockett, Shyla) (Entered: 05/04/2010)
05/05/2010216 CERTIFICATE OF SERVICE by Ko Olina Development, LLC, Ko Olina Realty, LLC RE NOTICE OF TAKING DEPOSITION OF DONAL J. SAJOR, ESQ. UPON ORAL EXAMINATION (Cockett, Shyla) (Entered: 05/05/2010)
05/10/2010217  EP: Motion Hearing held on 5/10/2010 re 207 MOTION for Protective Order Defendant Centex Homes' Motion for Protective Order Prohibiting Plaintiff Ko Olina Development, LLC, From Deposing Tim Eller filed by Centex Homes, 158 MOTION to Strike The Deposition Testimony of Michael Kosmin Taken March 26, 2010 filed by Centex Homes, 159 MOTION Defendant Centex Homes' FRCP Rule 37(c) Motion to Exclude Evidence Related to Plaintiff's Alleged Damages MOTION Defendant Centex Homes' FRCP Rule 37(c) Motion to Exclude Evidence Related to Plaintiff's Alleged Damages filed by Centex Homes ;Denying 158 Motion to Strike ; Denying 159 Motion ; Motion Taken Under Advisement: 207 MOTION for Protective Order Defendant Centex Homes' Motion for Protective Order Prohibiting Plaintiff Ko Olina Development, LLC, From Deposing Tim Eller.(Court Reporter FTR-Courtroom 7) (JUDGE LESLIE E KOBAYASHI)(wnn, )
CERTIFICATE OF SERVICE
Participants 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 (Entered: 05/10/2010)
05/11/2010218 ORDER Granting Plaintiffs Ko Olina Development, LLC and Ko Olina Realty, LLC's 215 Ex Parte Motion for Leave to Exceed Work Limit in Filing It's (1) Separate Concise Statement of Facts and (2) Memorandum in Opposition to Defendant Centex Homes' Motion for Summary Judgment on PLaintiffs' Second Amended Complaint, Filed on March 29, 2010. Signed by JUDGE DAVID ALAN EZRA on 5/10/2010. (gab, )
CERTIFICATE OF SERVICE
Participants 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 (Entered: 05/11/2010)
05/11/2010219 MEMORANDUM in Opposition re 165 MOTION for Partial Summary Judgment No. 2 (Re: Covenant 3B) MOTION for Partial Summary Judgment No. 2 (Re: Covenant 3B) Filed on March 29, 2010, filed by Centex Homes. (Attachments: # 1 Certificate of Service)(Moore, Jonathan) (Entered: 05/11/2010)
05/11/2010220 MEMORANDUM in Opposition re 187 MOTION to Strike the Declarations and Exhibits to Defendant Centex Homes' Motion for Summary Judgment on Plaintiffs' Second Amended Complaint, Filed March 29, 2010 and Exhibits A, E and F to Defendant's Concise Statement of Undispute Material Facts filed by Centex Homes. (Attachments: # 1 Certificate of Service)(Moore, Jonathan) (Entered: 05/11/2010)
05/11/2010221 MEMORANDUM in Opposition re 163 MOTION for Partial Summary Judgment No. 1 (Re: Option Agreements) MOTION for Partial Summary Judgment No. 1 (Re: Option Agreements) filed on March 29, 2010 filed by Centex Homes. (Attachments: # 1 Certificate of Service)(Moore, Jonathan) (Entered: 05/11/2010)
05/11/2010222 MEMORANDUM in Opposition re 167 MOTION for Partial Summary Judgment No. 3 (Re: Conditions) MOTION for Partial Summary Judgment No. 3 (Re: Conditions) Filed on March 29, 2010 filed by Centex Homes. (Attachments: # 1 Certificate of Service)(Moore, Jonathan) (Entered: 05/11/2010)
05/11/2010223 MEMORANDUM L.R. RULE 7.5(e) CERTIFICATION re 221 Memorandum in Opposition to Motion, 222 Memorandum in Opposition to Motion, 219 Memorandum in Opposition to Motion, L.R. Rule 7.5(e) Certification filed by Centex Homes. (Attachments: # 1 Certificate of Service)(Moore, Jonathan) Modified on 5/13/2010 - striking and inserting text (bbb, ). (Entered: 05/11/2010)
05/11/2010224 Concise Statement in Opposition re 223 Memorandum, 221 Memorandum in Opposition to Motion, 222 Memorandum in Opposition to Motion, 219 Memorandum in Opposition to Motion, Defendant Centex Homes' Concise Statement of Facts in Opposition to Plaintiffs' Motions for Partial Summary Judgment Nos. 1, 2, and 3 Filed March 29, 2010 filed by Centex Homes. (Attachments: # 1 Declaration of Bruce Sloan Dated March 29, 2010, # 2 Declaration of Bruce Sloan Dated April 7, 2010, # 3 Declaration of Don Sajor Dated May 11, 2010, # 4 Declaration of Jonathan S. Moore, # 5 Exhibit "A', # 6 Exhibit "B", # 7 Exhibit "C", # 8 Exhibit "D", # 9 Exhibit "E", # 10 Exhibit "F" (Part 1 of 2), # 11 Exhibit "F" (Part 2 of 2), # 12 Exhibit "G", # 13 Exhibit "H")(Moore, Jonathan) (Entered: 05/11/2010)
05/11/2010225 Additional Exhibits to 223 Memorandum, 221 Memorandum in Opposition to Motion, 224 Concise Statement in Opposition,,, 222 Memorandum in Opposition to Motion, 219 Memorandum in Opposition to Motion, Exhibit "I" filed by Centex Homes. (Attachments: # 1 Exhibit "J", # 2 Exhibit "K" (Part 1 of 2), # 3 Exhibit "K" (Part 2 of 2), # 4 Exhibit "L", # 5 Exhibit "M", # 6 Exhibit "N", # 7 Exhibit "O", # 8 Exhibit "P", # 9 Exhibit "Q" (Part 1 of 2), # 10 Exhibit "Q" (Part 2 of 2), # 11 Exhibit "R", # 12 Exhibit "S", # 13 Certificate of Service)(Moore, Jonathan) (Entered: 05/11/2010)
05/11/2010226 MEMORANDUM in Opposition re 170 MOTION for Summary Judgment on Plaintiff's Second Amended Complaint filed by Ko Olina Development, LLC, Ko Olina Realty, LLC. (Attachments: # 1 Certificate of Service)(Cockett, Shyla) (Entered: 05/11/2010)
05/11/2010227 CONCISE STATEMENT in Opposition re 170 MOTION for Summary Judgment on Plaintiff's Second Amended Complaint filed by Ko Olina Development, LLC, Ko Olina Realty, LLC. (Attachments: # 1 Declaration Shyla P.Y. Cockett, # 2 Exhibit "1", # 3 Exhibit "2", # 4 Exhibit "3", # 5 Exhibit "4", # 6 Exhibit "5", # 7 Exhibit "6", # 8 Exhibit "7", # 9 Exhibit "8", # 10 Exhibit "9", # 11 Exhibit "10", # 12 Exhibit "11", # 13 Exhibit "12", # 14 Exhibit "13", # 15 Exhibit "14", # 16 Exhibit "15", # 17 Exhibit "16", # 18 Exhibit "17", # 19 Exhibit "18", # 20 Exhibit "19", # 21 Exhibit "20", # 22 Exhibit "21", # 23 Exhibit "22", # 24 Exhibit "23", # 25 Exhibit "24", # 26 Exhibit "25", # 27 Exhibit "26", # 28 Exhibit "27", # 29 Exhibit "28", # 30 Exhibit "29", # 31 Exhibit "30", # 32 Exhibit "31", # 33 Exhibit "32", # 34 Exhibit "33", # 35 Exhibit "34", # 36 Exhibit "35", # 37 Exhibit "36", # 38 Exhibit "37", # 39 Exhibit "38", # 40 Exhibit "39", # 41 Exhibit "40", # 42 Exhibit "41", # 43 Exhibit "42", # 44 Exhibit "43", # 45 Exhibit "44", # 46 Certificate of Service)(Cockett, Shyla) (Entered: 05/11/2010)
05/11/2010228 STATEMENT re 170 MOTION for Summary Judgment on Plaintiff's Second Amended Complaint Certificate of Compliance Re Memorandum in Opposition filed by Ko Olina Development, LLC, Ko Olina Realty, LLC. (Attachments: # 1 Certificate of Service)(Cockett, Shyla) (Entered: 05/11/2010)
05/11/2010229 STATEMENT re 170 MOTION for Summary Judgment on Plaintiff's Second Amended Complaint Certificate of Compliance Re: Separate Concise Statement of Material Facts filed by Ko Olina Development, LLC, Ko Olina Realty, LLC. (Attachments: # 1 Certificate of Service)(Cockett, Shyla) (Entered: 05/11/2010)
05/12/2010230 CERTIFICATE OF SERVICE by Centex Homes re 223 Memorandum, 220 Memorandum in Opposition to Motion, 221 Memorandum in Opposition to Motion, 224 Concise Statement in Opposition,,, 225 Additional Exhibits,, 222 Memorandum in Opposition to Motion, 219 Memorandum in Opposition to Motion, Amended Certificate of Service (Moore, Jonathan) (Entered: 05/12/2010)
05/13/2010231 CERTIFICATE OF SERVICE by Centex Homes RE: Defendant Centex Homes' Second Request for Production of Documents to Plaintiffs Ko Olina Development, LLC and Ko Olina Realty, LLC (Moore, Jonathan) (Entered: 05/13/2010)
05/14/2010232 NOTICE by Ko Olina Development, LLC, Ko Olina Realty, LLC re 187 MOTION to Strike the Declarations and Exhibits to Defendant Centex Homes' Motion for Summary Judgment on Plaintiffs' Second Amended Complaint, Filed March 29, 2010 and Exhibits A, E and F to Defendant's Concise Statement of Undispute NOTICE OF WITHDRAWAL OF MOTION Ko Olina Development, LLC, Ko Olina Realty, LLC. (Attachments: # 1 Certificate of Service)(Cockett, Shyla) (Entered: 05/14/2010)
05/14/2010233 Ex Parte MOTION For Reply To Plaintiffs' Memorandum In Opposition To Defendant's Motion For Summary Judgment On Plaintiffs' Second Amended Complaint Filed May 11, 2010 Jonathan Strother Moore appearing for Defendant Centex Homes (Attachments: # 1 Affidavit of Jonathan S. Moore, # 2 Order Granting Defendant Centex Homes' Ex Parte Motion for Leave to Exceed Word Limit, # 3 Certificate of Service)(Moore, Jonathan) (Entered: 05/14/2010)
05/14/2010234 CERTIFICATE OF SERVICE by Centex Homes re 195 Certificate of Service First Amended Notice of Taking Deposition Upon Oral Examination (Owen Matsunaga, Nadine Ogata) (Moore, Jonathan) (Entered: 05/14/2010)
05/17/2010235 CERTIFICATE OF SERVICE by Ko Olina Development, LLC, Ko Olina Realty, LLC RE PLAINTIFF KO OLINA DEVELOPMENT, LLC'S AND KO OLINA REALTY, LLC'S NOTICE OF TAKING DEPOSITION OF DONALD L. BAARMAN UPON ORAL EXAMINATION [JUNE 4, 2010 AT 10:30 A.M.] (Cockett, Shyla) (Entered: 05/17/2010)
05/17/2010236 ORDER GRANTING DEFENDANT CENTEX HOMES' EX PARTE MOTION FOR LEAVE TO EXCEED WORD LIMIT FOR REPLY TO PLAINTIFFS' MEMORANDUM IN OPPOSITION TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT ON PLAINTIFFS SECOND AMENDED COMPLAINT FILED MAY 11, 2010. Signed by District JUDGE DAVID ALAN EZRA on May 17, 2010. (bbb, )
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Participants 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 (Entered: 05/17/2010)
05/18/2010237 REPLY re 226 Memorandum in Opposition to Motion Defendant Centex Homes' Reply to Plaintiff Ko Olina Development, LLC's Memorandum in Opposition to Defendant Centex Homes' Motion for Summary Judgment on Plaintiffs' Second Amended Complaint filed by Centex Homes. (Attachments: # 1 Declaration of Jonathan S. Moore, # 2 Declaration of Bruce Sloan Dated March 29, 2010, # 3 Declaration of Bruce Sloan Dated May 18, 2010, # 4 Exhibit "O", # 5 Exhibit "P", # 6 Exhibit "Q", # 7 Exhibit "R", # 8 Exhibit "S", # 9 L.R. Rule 7.5(e) Certification, # 10 Certificate of Service)(Moore, Jonathan) (Entered: 05/18/2010)
05/18/2010238 REPLY re 163 MOTION for Partial Summary Judgment No. 1 (Re: Option Agreements) MOTION for Partial Summary Judgment No. 1 (Re: Option Agreements) REPLY TO DEFENDANT CENTEX HOMES MEMORANDUM IN OPPOSITION TO PLAINTIFFS' MOTION filed by Ko Olina Development, LLC, Ko Olina Realty, LLC. (Attachments: # 1 Certificate of Service)(Cockett, Shyla) (Entered: 05/18/2010)
05/18/2010239 STATEMENT [Certificate of Compliance] re 163 MOTION for Partial Summary Judgment No. 1 (Re: Option Agreements) MOTION for Partial Summary Judgment No. 1 (Re: Option Agreements) Certificate of Compliance Re Plaintiffs' Reply to Centex Homes Memorandum in Opposition to Plaintiffs' Motion filed by Ko Olina Development, LLC, Ko Olina Realty, LLC. (Attachments: # 1 Certificate of Service)(Cockett, Shyla) Modified on 5/19/2010 (afc). (Entered: 05/18/2010)
05/18/2010240 REPLY re 165 MOTION for Partial Summary Judgment No. 2 (Re: Covenant 3B) MOTION for Partial Summary Judgment No. 2 (Re: Covenant 3B) REPLY TO DEFENDANT CENTEX HOMES' MEMORANDUM IN OPPOSITION TO PLAINTIFFS' MOTION filed by Ko Olina Development, LLC, Ko Olina Realty, LLC. (Attachments: # 1 Certificate of Service)(Cockett, Shyla) (Entered: 05/18/2010)
05/18/2010241 STATEMENT [Certificate of Compliance] re 165 MOTION for Partial Summary Judgment No. 2 (Re: Covenant 3B) MOTION for Partial Summary Judgment No. 2 (Re: Covenant 3B) Certificate of Compliance - Reply to Centex Homes Memorandum in Opposition to Plaintiffs' Motion filed by Ko Olina Development, LLC, Ko Olina Realty, LLC. (Attachments: # 1 Certificate of Service)(Cockett, Shyla) Modified on 5/19/2010 (afc). (Entered: 05/18/2010)
05/18/2010242 REPLY re 167 MOTION for Partial Summary Judgment No. 3 (Re: Conditions) MOTION for Partial Summary Judgment No. 3 (Re: Conditions) REPLY TO DEFENDANT CENTEX HOMES' MEMORANDUM IN OPPOSITION TO PLAINTIFFS' MOTION filed by Ko Olina Development, LLC, Ko Olina Realty, LLC. (Attachments: # 1 Certificate of Service)(Cockett, Shyla) (Entered: 05/18/2010)
05/18/2010243 CERTIFICATE OF SERVICE by Ko Olina Development, LLC, Ko Olina Realty, LLC RE AMENDED NOTICE OF TAKING DEPOSITION OF DONALD L. BAARMAN UPON ORAL EXAMINATION (Cockett, Shyla) (Entered: 05/18/2010)
05/20/2010244 CERTIFICATE OF SERVICE by Centex Homes Defendant Centex Homes' Notice of Taking Deposition of John Toner Upon Oral Examination [June 2, 2010 at 1:30 p.m.] (Moore, Jonathan) (Entered: 05/20/2010)
05/20/2010245  EO: COURT'S ORDER DENYING DEFENDANT CENTEX HOMES MOTION FOR PROTECTIVE ORDER PROHIBITING PLAINTIFF KO OLINA DEVELOPMENT, LLC, FROM DEPOSING TIM ELLER, FILED APRIL 26, 2010. Denying 207 Motion for Protective Order. (JUDGE LESLIE E KOBAYASHI)(wnn, )
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05/20/2010246  EO: COURT'S ORDER DENYING DEFENDANT CENTEX HOMES MOTION TO STRIKE THE DEPOSITION TESTIMONY OF MICHAEL KOSMIN TAKEN MARK 26, 2010 AND RULE 37(C) MOTION TO EXCLUDE EVIDENCE RELATED TO PLAINTIFFS ALLEGED DAMAGES. Denying 158 MOTION to Strike The Deposition Testimony of Michael Kosmin Taken March 26, 2010 and 159 MOTION Defendant Centex Homes' FRCP Rule 37(c) Motion to Exclude Evidence Related to Plaintiff's Alleged Damages. (JUDGE LESLIE E KOBAYASHI)(wnn, )
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05/20/2010247  EO: Final Pretrial Conference set for 6/22/2010 at 09:00 AM is moved to 11:00 AM before JUDGE LESLIE E KOBAYASHI. (JUDGE LESLIE E KOBAYASHI)(wnn, )
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05/24/2010250 CERTIFICATE OF SERVICE by Ko Olina Development, LLC, Ko Olina Realty, LLC RE NOTICE OF TAKING DEPOSITION OF TIMOTHY R. ELLER UPON ORAL EXAMINATION (Cockett, Shyla) (Entered: 05/24/2010)
05/25/2010251  EO: 165 MOTION for Partial Summary Judgment No. 2 (Re: Covenant 3B) MOTION for Partial Summary Judgment No. 2 (Re: Covenant 3B), 167 MOTION for Partial Summary Judgment No. 3 (Re: Conditions) MOTION for Partial Summary Judgment No. 3 (Re: Conditions), 170 MOTION for Summary Judgment on Plaintiff's Second Amended Complaint, 187 MOTION to Strike the Declarations and Exhibits to Defendant Centex Homes' Motion for Summary Judgment on Plaintiffs' Second Amended Complaint, Filed March 29, 2010 and Exhibits A, E and F to Defendant's Concise Statement of Undispute, 163 MOTION for Partial Summary Judgment No. 1 (Re: Option Agreements) MOTION for Partial Summary Judgment No. 1 (Re: Option Agreements). Motions Hearing date has been continued from 6/1/2010 to 6/3/2010 09:45 AM before JUDGE DAVID ALAN EZRA. All deadlines have passed. (JUDGE DAVID ALAN EZRA)(tl, )
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Participants 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 (Entered: 05/25/2010)
05/27/2010252 CERTIFICATE OF SERVICE by Ko Olina Development, LLC, Ko Olina Realty, LLC RE PLAINTIFFS KO OLINA DEVELOPMENT, LLC AND KO OLINA REALTY, LLC'S AMENDED NOTICE OF TAKING DEPOSITION OF TIMOTHY R. ELLER UPON ORAL EXAMINATION (Cockett, Shyla) (Entered: 05/27/2010)
06/01/2010253 ORDER VACATING HEARING DATE ~ Order vacates hearing date set for June 3, 2010 at 9:45 a.m. before Judge David Alan Ezra as to Motions for Partial Summary Judgment, docket entry nos. 163 , 165 , 167 , and Motion for Summary Judgment, docket entry no. 170 ~ Signed by JUDGE DAVID ALAN EZRA on 6/1/2010. (afc)
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06/08/2010254 ORDER: (1) GRANTING IN PART AND DENYING IN PART WITHOUT PREJUDICE CENTEX'S MOTION FOR SUMMARY JUDGMENT 170 ; (2) DENYING WITHOUT PREJUDICE KOD'S FIRST MOTION FOR PARTIAL SUMMARY JUDGMENT 163 ; (3) DENYING KOD'S SECOND MOTION FOR PARTIAL SUMMARY JUDGMENT 165 ; AND (4) DENYING WITHOUT PREJUDICE KOD'S THIRD MOTION FOR SUMMARY JUDGMENT 167 . Signed by JUDGE DAVID ALAN EZRA on 6/8/2010. (afc)
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Participants 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 (Entered: 06/08/2010)
06/10/2010255 CERTIFICATE OF SERVICE by Ko Olina Development, LLC, Ko Olina Realty, LLC [RE: RESPONSE TO DEFENDANT CENTEX HOMES' SECOND REQUEST FOR PRODUCTION OF DOCUMENTS TO PLAINTIFF (Cockett, Shyla) (Entered: 06/10/2010)
06/14/2010256  EO: Final Pretrial Conference set for 6/22/2010 at 11:00 AM is moved to 11:15 AM before JUDGE LESLIE E KOBAYASHI. (JUDGE LESLIE E KOBAYASHI)(wnn, )
CERTIFICATE OF SERVICE
Participants 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 (Entered: 06/14/2010)
06/15/2010257 Pretrial Conference Statement by Ko Olina Development, LLC, Ko Olina Realty, LLC. (Attachments: # 1 Exhibit "A", # 2 Certificate of Service)(Cockett, Shyla) (Entered: 06/15/2010)
06/15/2010258 Pretrial Conference Statement by Centex Homes. (Moore, Jonathan) (Entered: 06/15/2010)
06/16/2010259 CERTIFICATE OF SERVICE by Centex Homes re 258 Pretrial Conference Statement (Moore, Jonathan) (Entered: 06/16/2010)
06/17/2010260 Return of Service on Subpoena John Toner was served on June 16, 2010 (Cockett, Shyla) (Entered: 06/17/2010)
06/22/2010261  EP: Final Pretrial Conference held on 6/22/2010. (Court Reporter Courtroom 7-No Record) (JUDGE LESLIE E KOBAYASHI)(wnn, )No COS issued for this docket entry (Entered: 06/22/2010)
06/23/2010262 CERTIFICATE OF SERVICE by Ko Olina Development, LLC, Ko Olina Realty, LLC RE: PLAINTIFFS KO OLINA DEVELOPMENT, LLC'S AND KO OLINA REALTY, LLC'S NOTICE OF TAKING CONTINUED DEPOSITION OF BRUCE SLOAN UPON ORAL EXAMINATION (Cockett, Shyla) (Entered: 06/23/2010)
06/29/2010264  MOTION for Sanctions Shyla Pualani Young Cockett appearing for Plaintiffs Ko Olina Development, LLC, Ko Olina Realty, LLC (Attachments: # 1 Memorandum, # 2 Declaration of Shyla P.Y. Cockett, # 3 Exhibit "1", # 4 Exhibit "2", # 5 Exhibit "3", # 6 Exhibit "4", # 7 Exhibit "5", # 8 Exhibit "6", # 9 Exhibit "7", # 10 Exhibit "8", # 11 Exhibit "9", # 12 Exhibit "10", # 13 Exhibit "11", # 14 Exhibit "12", # 15 Certificate of Service)(Cockett, Shyla) (Entered: 06/29/2010)
06/29/2010265 Ex Parte MOTION to Shorten Time to hear Motion re 264 MOTION for Sanctions Shyla Pualani Young Cockett appearing for Plaintiffs Ko Olina Development, LLC, Ko Olina Realty, LLC (Attachments: # 1 Declaration of Andrew J. Lautenbach, # 2 Exhibit "1", # 3 Proposed Order, # 4 Certificate of Service)(Cockett, Shyla) (Entered: 06/29/2010)
06/30/2010266 ORDER GRANTING PLAINTIFF'S EX PARTE MOTION TO SHORTEN TIME FOR HEARING ON PLAINTIFF'S MOTION FOR SANCTIONS 265 . ~ Plaintiff's MOTION for Sanctions (doc no. 264 ) shall be heard on July 12, 2010 at 11:15 a.m.. Defendant shall file its Opposition to the Motion on or before July 6, 2020. Plaintiff shall file its Reply to the Motion on or before July 8, 2010 ~ Signed by JUDGE DAVID ALAN EZRA on 6/30/2010. re: 264 MOTION for Sanctions: (Motion Hearing set for 7/12/2010 11:15 AM before JUDGE DAVID ALAN EZRA.) (afc)
CERTIFICATE OF SERVICE
Participants 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 (Entered: 06/30/2010)
06/30/2010267 NOTICE of Hearing on Motion 264 Plaintiffs MOTION for Sanctions set for 7/12/2010 at 11:15 AM before JUDGE DAVID ALAN EZRA. (lls, )
CERTIFICATE OF SERVICE
Participants 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. (Entered: 06/30/2010)
07/06/2010268 MEMORANDUM in Opposition re 264 MOTION for Sanctions filed by Centex Homes. (Attachments: # 1 Declaration of Jonathan S. Moore, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Certificate of Service)(Moore, Jonathan) (Entered: 07/06/2010)
07/06/2010269  TRANSCRIPT of Proceedings held on April 28, 2010, - before Judge Leslie E. Kobayashi. Court Reporter/Transcriber Adrianne Ige Kurasaki, Telephone number 808-294-3397. Transcript may be viewed at the court public terminal or ordered through the Court Reporter/Transcriber before the deadline for Release of Transcript. Remote availability of electronic transcripts is regulated by FRCP 5.2(a),FRCrP 49.1(a) and FRBP 9037(a) Redaction Request due 7/26/2010. Redacted Transcript Deadline set for 8/3/2010. Release of Transcript Restriction set for 10/1/2010. (Kurasaki, Adrianne) (Entered: 07/06/2010)
07/07/2010270 STIPULATION to Partially Dismiss defendant Centex Homes' Counterclaim filed July 6, 2009 (doc 18 ) and ORDER. Signed by JUDGE DAVID ALAN EZRA on 7/7/2010. (afc)
CERTIFICATE OF SERVICE
Participants 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 (Entered: 07/07/2010)
07/07/2010271 CERTIFICATE OF SERVICE by Centex Homes re 268 Memorandum in Opposition to Motion, Amended Certificate of Service Re: Defendant Centex Homes' Memorandum in Opposition to Plaintiffs' Ko Olina Development, LLC's and Ko Olina Realty LLC's Motion for Sanctions; Declaration of Jonathan S. Moore; Exhibits "A" - "L"; Certificate of Service Filed on July 6, 2010 (Moore, Jonathan) (Entered: 07/07/2010)
07/08/2010272 REPLY re 268 Memorandum in Opposition to Motion, filed by Ko Olina Development, LLC, Ko Olina Realty, LLC. (Attachments: # 1 Declaration Shyla P.Y. Cockett, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 CERTIFICATE OF SERVICE)(Cockett, Shyla) (Entered: 07/08/2010)
07/09/2010273  EO: re 267 Notice of Hearing on Motion. Motion to be decided on the papers without a hearing. Hearing date of 7/12/2010 is hereby vacated. (JUDGE DAVID ALAN EZRA)(tl, )
CERTIFICATE OF SERVICE
Participants 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 (Entered: 07/09/2010)
07/09/2010274 ORDER GRANTING IN PART AND DENYING IN PART KOD'S MOTION FOR SANCTIONS 264 - Signed by JUDGE DAVID ALAN EZRA on 7/9/10. (Centex is hereby precluded from introducing evidence of the Eller Documents at trial.) (emt, )
CERTIFICATE OF SERVICE
Participants 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 (Entered: 07/09/2010)
07/12/2010275  MOTION in Limine to Exclude All Expert Witness Testimony and All Evidence Relating to Plaintiffs' Alleged Damages; Memorandum in Support of Motion Jonathan Strother Moore appearing for Defendant Centex Homes (Attachments: # 1 Declaration of Jonathan S. Moore, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Certificate of Service)(Moore, Jonathan) (Entered: 07/12/2010)
07/12/2010276  MOTION in Limine to Exclude the Testimony of Michael Kosmin; Memorandum in Support of Motion Jonathan Strother Moore appearing for Defendant Centex Homes (Attachments: # 1 Declaration of Jonathan S. Moore, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Certificate of Service)(Moore, Jonathan) (Entered: 07/12/2010)
07/12/2010277  MOTION in Limine to Exclude Parol Evidence; Memorandum in Support Jonathan Strother Moore appearing for Defendant Centex Homes (Attachments: # 1 Declaration of Jonathan S. Moore, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C part 1, # 5 Exhibit C part 2, # 6 Exhibit D part 1, # 7 Exhibit D part 2, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Exhibit J, # 14 Exhibit K, # 15 Exhibit L, # 16 Exhibit M, # 17 Exhibit N, # 18 Certificate of Service)(Moore, Jonathan) (Entered: 07/12/2010)
07/13/2010278  TRANSCRIPT of Proceedings held on May 10, 2010, - before Judge Leslie E. Kobayashi. Court Reporter/Transcriber Adrianne Ige Kurasaki, Telephone number 808.294.3397. Transcript may be viewed at the court public terminal or ordered through the Court Reporter/Transcriber before the deadline for Release of Transcript. Remote availability of electronic transcripts is regulated by FRCP 5.2(a),FRCrP 49.1(a) and FRBP 9037(a) Redaction Request due 8/2/2010. Redacted Transcript Deadline set for 8/10/2010. Release of Transcript Restriction set for 10/8/2010. (Kurasaki, Adrianne) (Entered: 07/13/2010)
07/13/2010279 Designation of Transcripts of Timothy R. Eller. filed by Centex Homes. (Attachments: # 1 Exhibit A, # 2 Certificate of Service)(Moore, Jonathan) (Entered: 07/13/2010)
07/13/2010280 Designation of Transcripts of Donald L. Baarman. filed by Centex Homes. (Attachments: # 1 Exhibit A, # 2 Certificate of Service)(Moore, Jonathan) (Entered: 07/13/2010)
07/13/2010281 Designation of Transcripts of John Toner. filed by Centex Homes. (Attachments: # 1 Exhibit A, # 2 Certificate of Service)(Moore, Jonathan) (Entered: 07/13/2010)
07/13/2010282 Designation of Transcripts of Ralph F. Harris. filed by Centex Homes. (Attachments: # 1 Exhibit A, # 2 Certificate of Service)(Moore, Jonathan) (Entered: 07/13/2010)
07/13/2010283 Designation of Transcripts of Nadine Ogata. filed by Centex Homes. (Attachments: # 1 Exhibit A, # 2 Certificate of Service)(Moore, Jonathan) (Entered: 07/13/2010)
07/13/2010284 Designation of Transcripts of Joseph Yamaoka. filed by Centex Homes. (Attachments: # 1 Exhibit A, # 2 Certificate of Service)(Moore, Jonathan) (Entered: 07/13/2010)
07/13/2010285 Witness List. filed by Centex Homes. (Attachments: # 1 Certificate of Service)(Moore, Jonathan) (Entered: 07/13/2010)
07/13/2010286 Designation of Transcripts of Owen Matsunaga. filed by Centex Homes. (Attachments: # 1 Exhibit A, # 2 Certificate of Service)(Moore, Jonathan) (Entered: 07/13/2010)
07/13/2010287 Witness List. filed by Ko Olina Development, LLC, Ko Olina Realty, LLC. (Attachments: # 1 Certificate of Service)(Cockett, Shyla) (Entered: 07/13/2010)
07/13/2010288 Designation of Transcripts Deposition of Michael Kosmin. filed by Ko Olina Development, LLC, Ko Olina Realty, LLC. (Attachments: # 1 Exhibit A, # 2 Certificate of Service)(Cockett, Shyla) (Entered: 07/13/2010)
07/13/2010289 STIPULATION to Authenticity / Foundation of Proposed Trial Exhibits by Centex Homes. (Moore, Jonathan) (Entered: 07/13/2010)
07/13/2010290 Designation of Transcripts Deposition of Donald Sajor. filed by Ko Olina Development, LLC, Ko Olina Realty, LLC. (Attachments: # 1 Exhibit A, # 2 Certificate of Service)(Cockett, Shyla) (Entered: 07/13/2010)
07/13/2010291 Designation of Transcripts of Donald Baarman. filed by Ko Olina Development, LLC, Ko Olina Realty, LLC. (Attachments: # 1 Exhibit A, # 2 Certificate of Service)(Cockett, Shyla) (Entered: 07/13/2010)
07/13/2010292 Designation of Transcripts of the Deposition of Timothy R. Eller. filed by Ko Olina Development, LLC, Ko Olina Realty, LLC. (Attachments: # 1 Exhibit A, # 2 Certificate of Service)(Cockett, Shyla) (Entered: 07/13/2010)
07/13/2010293 Designation of Transcripts of the Deposition of Sidney K. Kanazawa. filed by Ko Olina Development, LLC, Ko Olina Realty, LLC. (Attachments: # 1 Exhibit A - Part 1/4, # 2 Exhibit A- Part 2/4, # 3 Exhibit A- Part 3/4, # 4 Exhibit A- Part 4/4, # 5 Certificate of Service)(Cockett, Shyla) (Entered: 07/13/2010)
07/13/2010294 Designation of Transcripts of the Deposition of Bruce Sloan. filed by Ko Olina Development, LLC, Ko Olina Realty, LLC. (Attachments: # 1 Exhibit A - Part 1/4, # 2 Exhibit A- Part 2/4, # 3 Exhibit A- Part 3/4, # 4 Exhibit A- Part 4/4, # 5 Certificate of Service)(Cockett, Shyla) (Entered: 07/13/2010)
07/14/2010295 NOTICE of Hearing on Motion 275 MOTION in Limine to Exclude All Expert Witness Testimony and All Evidence Relating to Plaintiffs' Alleged Damages; Memorandum in Support of Motion, 276 MOTION in Limine to Exclude the Testimony of Michael Kosmin; Memorandum in Support of Motion, 277 MOTION in Limine to Exclude Parol Evidence; Memorandum in Support :. Motion Hearing set for 8/3/2010 09:00 AM before JUDGE DAVID ALAN EZRA. (tl, )
CERTIFICATE OF SERVICE
Participants 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. (Entered: 07/14/2010)
07/14/2010296 Witness List. filed by Ko Olina Development, LLC, Ko Olina Realty, LLC. (Attachments: # 1 Certificate of Service)(Cockett, Shyla) (Entered: 07/14/2010)
07/15/2010297 Return of Service on Subpoena Jeffrey R. Stone was served on 7-13-2010 (Moore, Jonathan) (Entered: 07/15/2010)
07/15/2010298 STIPULATION TO AUTHENTICITY OF PROPOSED TRIAL EXHIBITS AND ORDER - Signed by JUDGE DAVID ALAN EZRA on 7/15/10. (emt, )
CERTIFICATE OF SERVICE
Participants 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 (Entered: 07/15/2010)
07/15/2010299 Return of Service on Subpoena Owen Matsunaga was served on 7-13-2010 (Moore, Jonathan) (Entered: 07/15/2010)
07/15/2010300 Return of Service on Subpoena Nadine Ogata was served on 7-13-2010 (Moore, Jonathan) (Entered: 07/15/2010)
07/15/2010301 Return of Service on Subpoena Joseph Yamaoka was served on 7-13-2010 (Moore, Jonathan) (Entered: 07/15/2010)
07/20/2010302 Designation of Transcripts PLAINTIFFS' COUNTER-DEPOSITION DESIGNATION OF RALPH F. HARRIS [DOC 282]. filed by Ko Olina Development, LLC, Ko Olina Realty, LLC. (Attachments: # 1 Exhibit A, # 2 Certificate of Service)(Cockett, Shyla) (Entered: 07/20/2010)
07/20/2010303 Designation of Transcripts PLAINTIFFS' COUNTER-DEPOSITION DESIGNATION OF NADINE OGATA Owen Matsunaga[DOC 283]. filed by Ko Olina Development, LLC, Ko Olina Realty, LLC. (Attachments: # 1 Exhibit A, # 2 Certificate of Service)(Cockett, Shyla) Modified on 7/20/2010 (gab, ). (Entered: 07/20/2010)
07/20/2010304 Designation of Transcripts PLAINTIFFS' COUNTER-DEPOSITION DESIGNATION OF NADINE OGATA [DOC 283]. filed by Ko Olina Development, LLC, Ko Olina Realty, LLC. (Attachments: # 1 Exhibit A, # 2 Certificate of Service)(Cockett, Shyla) (Entered: 07/20/2010)
07/20/2010305 Designation of Transcripts PLAINTIFFS' COUNTER-DEPOSITION DESIGNATION OF JOHN TONER 281 . filed by Ko Olina Development, LLC, Ko Olina Realty, LLC. (Attachments: # 1 Exhibit A, # 2 Certificate of Service)(Cockett, Shyla) (Entered: 07/20/2010)
07/20/2010306 Designation of Transcripts PLAINTIFFS' COUNTER-DEPOSITION DESIGNATION OF JOSEPH YAMAOKA [DOC 284]. filed by Ko Olina Development, LLC, Ko Olina Realty, LLC. (Attachments: # 1 Exhibit A, # 2 Certificate of Service)(Cockett, Shyla) (Entered: 07/20/2010)
07/20/2010307 Exhibit List PLAINTIFFS' OBJECTIONS TO DEFENDANT'S PROPOSED EXHIBITS. filed by Ko Olina Development, LLC, Ko Olina Realty, LLC. (Attachments: # 1 Exhibit A, # 2 Certificate of Service)(Cockett, Shyla) (Entered: 07/20/2010)
07/20/2010308 MEMORANDUM in Opposition re 275 MOTION in Limine to Exclude All Expert Witness Testimony and All Evidence Relating to Plaintiffs' Alleged Damages; Memorandum in Support of Motion filed by Ko Olina Development, LLC, Ko Olina Realty, LLC. (Attachments: # 1 Declaration Shyla P.Y. Cockett, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Certificate of Service)(Cockett, Shyla) (Entered: 07/20/2010)
07/20/2010309 MEMORANDUM in Opposition re 276 MOTION in Limine to Exclude the Testimony of Michael Kosmin; Memorandum in Support of Motion filed by Ko Olina Development, LLC, Ko Olina Realty, LLC. (Attachments: # 1 Declaration Shyla P.Y. Cockett, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10)(Cockett, Shyla) Modified on 7/21/2010: Although captioned in the document title, the "CERTIFICATE OF SERVICE" is not included in the filing. (afc) (Entered: 07/20/2010)
07/20/2010310 MEMORANDUM in Opposition re 277 MOTION in Limine to Exclude Parol Evidence; Memorandum in Support filed by Ko Olina Development, LLC, Ko Olina Realty, LLC. (Attachments: # 1 Declaration Shyla P.Y. Cockett, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Certificate of Service)(Cockett, Shyla) (Entered: 07/20/2010)
07/20/2010311 Proposed Findings of Fact. filed by Ko Olina Development, LLC, Ko Olina Realty, LLC. (Attachments: # 1 Certificate of Service)(Cockett, Shyla) (Entered: 07/20/2010)
07/20/2010312 TRIAL BRIEF. filed by Ko Olina Development, LLC, Ko Olina Realty, LLC. (Attachments: # 1 Certificate of Service)(Cockett, Shyla) (Entered: 07/20/2010)
07/20/2010313 TRIAL BRIEF Exhibits "A" - "YY"; Certificate of Service. filed by Centex Homes. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E part 1, # 6 Exhibit E part 2, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P)(Moore, Jonathan) (Entered: 07/20/2010)
07/20/2010314 Additional Exhibits to 313 Trial Brief, Exhibit R filed by Centex Homes. (Attachments: # 1 Exhibit S, # 2 Exhibit T, # 3 Exhibit U, # 4 Exhibit V, # 5 Exhibit W, # 6 Exhibit X, # 7 Exhibit Y, # 8 Exhibit Z, # 9 Exhibit AA, # 10 Exhibit BB, # 11 Exhibit CC, # 12 Exhibit DD, # 13 Exhibit EE, # 14 Exhibit FF, # 15 Exhibit GG)(Moore, Jonathan) (Entered: 07/20/2010)
07/20/2010315 Additional Exhibits to 313 Trial Brief, Exhibit HH filed by Centex Homes. (Attachments: # 1 Exhibit II, # 2 Exhibit JJ, # 3 Exhibit KK, # 4 Exhibit LL, # 5 Exhibit MM, # 6 Exhibit NN, # 7 Exhibit OO, # 8 Exhibit PP, # 9 Exhibit QQ, # 10 Exhibit RR, # 11 Exhibit SS, # 12 Exhibit TT, # 13 Exhibit UU, # 14 Exhibit VV, # 15 Exhibit WW, # 16 Exhibit XX Errata re: Exhibit XX e-filed 7/23/2010; please refer to docket entry no. 329 , # 17 Exhibit YY, # 18 Certificate of Service)(Moore, Jonathan) Modified on 7/26/2010 (afc). (Entered: 07/20/2010)
07/20/2010316 Exhibit List Defendant Centex Homes' Statement of Objections to Plaintiffs' Exhibits. filed by Centex Homes. (Attachments: # 1 Certificate of Service)(Moore, Jonathan) (Entered: 07/20/2010)
07/20/2010317 Designation of Transcripts Defendant Centex Homes' Objections to Designations of the Deposition of Donald Baarman Taken on June 4, 2010. filed by Centex Homes. (Attachments: # 1 Exhibit A, # 2 Certificate of Service)(Moore, Jonathan) (Entered: 07/20/2010)
07/20/2010318 Designation of Transcripts Defendant Centex Homes' Objections to Designations of the Deposition of Bruce Sloan Taken on March 15, 2010. filed by Centex Homes. (Attachments: # 1 Exhibit A, # 2 Certificate of Service)(Moore, Jonathan) (Entered: 07/20/2010)
07/20/2010319 Designation of Transcripts Defendant Centex Homes' Objections to KOD's Designation of the Deposition of Donald Sajor. filed by Centex Homes. (Attachments: # 1 Exhibit A, # 2 Certificate of Service)(Moore, Jonathan) (Entered: 07/20/2010)
07/20/2010320 Designation of Transcripts Defendant Centex Homes' Objections and Counter-Designations to the Deposition of Michael Kosmin. filed by Centex Homes. (Attachments: # 1 Exhibit A, # 2 Certificate of Service)(Moore, Jonathan) (Entered: 07/20/2010)
07/20/2010321 Proposed Findings of Fact. filed by Centex Homes. (Attachments: # 1 Certificate of Service)(Moore, Jonathan) (Entered: 07/20/2010)
07/20/2010322 Designation of Transcripts Objections to KOD's Designations of the Deposition of Sidney Kanazawa. filed by Centex Homes. (Attachments: # 1 Exhibit "A")(Moore, Jonathan) (Entered: 07/20/2010)
07/20/2010323 Exhibit List EXHIBIT A PART 2 TO PLAINTIFFS KO OLINA DEVELOPMENT, LLC AND KO OLINA REALTY, LLC'S OBJECTIONS TO DEFENDANT'S PROPOSED EXHIBITS [DOC. 307]. filed by Ko Olina Development, LLC, Ko Olina Realty, LLC. (Attachments: # 1 Exhibit A PART 3, # 2 Exhibit A PART 4, # 3 Exhibit A PART 5, # 4 Exhibit A PART 6, # 5 Exhibit A PART 7, # 6 Exhibit A PART 8, # 7 Exhibit A PART 9, # 8 Exhibit A PART 10, # 9 Exhibit A PART 11, # 10 Exhibit A PART 12, # 11 Exhibit A PART 13, # 12 Exhibit A PART 14, # 13 Exhibit A PART 15, # 14 Exhibit A PART 16, # 15 Exhibit A PART 17, # 16 Exhibit A PART 18, # 17 Exhibit A PART 19, # 18 Exhibit A PART 20, # 19 Exhibit A PART 21, # 20 Exhibit A PART 22)(Cockett, Shyla) (Entered: 07/20/2010)
07/20/2010324 Designation of Transcripts Objections to KOD's Designations of the Deposition of Timothy Eller. filed by Centex Homes. (Attachments: # 1 Exhibit)(Moore, Jonathan) Modified on 7/21/2010: Although captioned in the document title, the "CERTIFICATE OF SERVICE" is not included in the filing. (afc) (Entered: 07/20/2010)
07/21/2010  Clerk's ADVISORY NOTICE. For the filing party's future reference -- and with reference to docket entry nos. 314 , 315 , 323 -- each ECF-filing transaction is to be prefaced with a captioned cover sheet (to conform to requirements of LR 10.2 "Form of Papers"). No further action as to these filings is necessary. (afc) (Entered: 07/21/2010)
07/21/2010325 CERTIFICATE OF SERVICE by Centex Homes re 322 Designation of Transcripts Defendant Centex Homes' Objections to KOD's Designations of the Deposition of Sidney Kanazawa; Exhibit "A" (Moore, Jonathan) (Entered: 07/21/2010)
07/21/2010326 CERTIFICATE OF SERVICE by Centex Homes re 324 Designation of Transcripts, Defendant Centex Homes' Objections of the Deposition of Timothy Eller; Exhibit "A" (Moore, Jonathan) (Entered: 07/21/2010)
07/23/2010328  EO:. In Chambers Status Conference set for 7/27/2010 09:45 AM before JUDGE DAVID ALAN EZRA. (JUDGE DAVID ALAN EZRA)(tl, )
CERTIFICATE OF SERVICE
Participants 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 (Entered: 07/23/2010)
07/23/2010329 Errata re 313 Trial Brief, Filed July 20, 2010; Certificate of Service. (Attachments: # 1 Exhibit XX, # 2 Certificate of Service)(Moore, Jonathan) Modified on 7/26/2010: Exhibit XX to Trial Brief filed July 20, 2010 included in docket entry no. 315 . (afc) (Entered: 07/23/2010)
07/26/2010330 Return of Service on Subpoena John Toner was served on 07-14-20107/22/2010 (Moore, Jonathan) Modified on 7/26/2010 (gab, ). (Entered: 07/26/2010)
07/27/2010331  EO: 277 MOTION in Limine to Exclude Parol Evidence; Memorandum in Support. Motion Hearing date has been advanced to 7/28/2010 03:00 PM before JUDGE DAVID ALAN EZRA. (JUDGE DAVID ALAN EZRA)(tl, )
CERTIFICATE OF SERVICE
Participants 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 (Entered: 07/27/2010)
07/28/2010332  EO: 276 MOTION in Limine to Exclude the Testimony of Michael Kosmin; Memorandum in Support of Motion. Motion Hearing date has been ADVANCED to 7/28/2010 03:00 PM before JUDGE DAVID ALAN EZRA. (JUDGE DAVID ALAN EZRA)(tl, )
CERTIFICATE OF SERVICE
Participants 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 (Entered: 07/28/2010)
07/28/2010333  EO: Status Conference held on 7/28/2010. Counsels Oral request to have motion in limine heard prior to trial date-GRANTED.Motion in Limine SET for 7/28/2010 @3:00pmDAE. (JUDGE DAVID ALAN EZRA)(tl, )
CERTIFICATE OF SERVICE
Participants 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 (Entered: 07/28/2010)
07/28/2010334  EP: : 277 MOTION in Limine to Exclude Parol Evidence. 276 MOTION in Limine to Exclude the Testimony of Michael Kosmin.Oral arguments heard. 277 MOTION in Limine to Exclude Parol Evidence-DENIED. 276 MOTION in Limine to Exclude the Testimony of Michael Kosmin-DENIED without prejudice. Defendant granted leave to take the deposition of Mr. Kosmin again. Counsel to submit a subpoena request for Mr. Kosmin to the Court.(Court Reporter Cynthia Fazio.) (JUDGE DAVID ALAN EZRA)(tl, )No COS issued for this docket entry (Entered: 07/29/2010)
07/29/2010335 STIPULATION RE: (1) OBJECTIONS TO EXHIBITS AND DEPOSITION DESIGNATIONS; (2) DIVERSITY JURISDICTION; (3) DEFENDANT CENTEX HOMES' MOTION IN LIMINE TO EXCLUDE ALL EXPERT WITNESS TESTIMONY AND ALL EVIDENCE RELATING TO PLAINTIFFS' ALLEGED DAMAGES 275 ; AND (4) JOHN TONER; ORDER. Signed by JUDGE DAVID ALAN EZRA on 7/29/2010. (afc)
CERTIFICATE OF SERVICE
Participants 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 (Entered: 07/29/2010)
08/02/2010337 Return of Service on Subpoena Michael Kosmin was served on 8/2/2010 (Moore, Jonathan) (Entered: 08/02/2010)
08/02/2010339 Return of Service on Subpoena Bruce Sloan was served on 7/13/10 (Cockett, Shyla) (Entered: 08/02/2010)
08/02/2010340 Return of Service on Subpoena Donald Sajor was served on 7/13/10 (Cockett, Shyla) (Entered: 08/02/2010)
08/03/2010341  TRANSCRIPT of Proceedings ( 277 M/LIM TO EXCLUDE PAROL EVID.) held on 7/28/10 - before Judge DAVID ALAN EZRA. Court Reporter Cynthia Fazio, Telephone number 808.533.0102. Transcript may be viewed at the court public terminal or ordered through the Court Reporter before the deadline for Release of Transcript. Remote availability of electronic transcripts is regulated by FRCP 5.2(a),FRCrP 49.1(a) and FRBP 9037(a) Redaction Request due 8/23/2010. Redacted Transcript Deadline set for 8/31/2010. Release of Transcript Restriction set for 10/29/2010. (28 pp.) (cf@hid.uscourts.gov) (Entered: 08/03/2010)
08/03/2010343  EP: Bench Trial held on 8/3/2010. Non Jury Trial - 1st day.Defendants Oral Motion to obtain the name of Mr. Kosmins bookkeeper-GRANTED. Court orders Mr. Kosmin to divulge the name and address of his bookkeeper. Court grants the permission of the deposition of the bookkeeper.Plaintiffs opening statements.Plaintiffs Witnesses: Jeffrey Stone(D, C)Plaintiffs Exhibits Received: Joint Exhibits 501-533, 3, 17, 18, 23, 29, 35,37, 45, 41, 45, 50, 57, 58, 60, 64, 69, 70.Defendants Exhibits Received: 204.After the lunch break, Plaintiffs Counsel informs the Court of the bookkeepers name and address.Further Non-Jury Trial - 2nd day, SET for August 4, 2010 @9:00amDAE. (Court Reporter Cynthia Fazio.) (JUDGE DAVID ALAN EZRA)(tl, )No COS issued for this docket entry (Entered: 08/04/2010)
08/04/2010342 CERTIFICATE OF SERVICE by Centex Homes Re: Defendant Centex Homes' Notice of Taking Deposition Upon Oral Examination [Joseph Holtz- August 4, 2010 at 9:00 am] (Moore, Jonathan) (Entered: 08/04/2010)
08/04/2010344  EP: Bench Trial held on 8/4/2010. Further Non Jury Trial - 2nd day.Plaintiffs Witnesses: Jeffrey Stone(C), Michael Kosmin(D, C), Owen Matsunaga(D, C). Plaintiffs Exhibits Received: 5.Defendants Exhibits Received: 205, 210, 224, 225, 226, 227, 228, 229, 230, 231, 232. Court instructs Counsel on procedure for closing arguments.Further Non-Jury Trial - 3rd day, SET for August 5, 2010 @9:00amDAE. (Court Reporter Cynthia Fazio.) (JUDGE DAVID ALAN EZRA)(tl, )No COS issued for this docket entry (Entered: 08/05/2010)
08/05/2010345  EP: Bench Trial held on 8/5/2010. Further Non Jury Trial - 3rd day.Plaintiffs Witnesses: Timothy Eller(via DVD video), Donald Baarman(via DVD video), Sidney Kanzawa(via DVD video), Bruce Sloan(via DVD video).Plaintiffs rest.Final arguments due 8/10/2010 by 4:00pm.Defendants Witnesses: Bruce Sloan(D, C)Further Non-Jury Trial - 4th day, SET for August 6, 2010 @9:00amDAE. (Court Reporter Cynthia Fazio.) (JUDGE DAVID ALAN EZRA)(tl, )No COS issued for this docket entry (Entered: 08/06/2010)
08/06/2010346  EP: Bench Trial completed on 8/6/2010. Further Non Jury Trial - 4th day.In Chambers conference held with Counsel.Mr. Stone questioned on the stand by Counsel.Defendants Witnesses: Bruce Sloan(C, RD).Defendants Exhibits Received: 233.Plaintiffs Exhibits Received: 2(with redactions), 47, 42, 54, 88a, 88b, 81, 83, 80, 97-102(demonstrative exhibits).Defendants rest.2 sets of exhibits returned to Counsel. (Court Reporter Cynthia Fazio.) (JUDGE DAVID ALAN EZRA)(tl, )No COS issued for this docket entry (Entered: 08/06/2010)
08/10/2010348 TRIAL BRIEF Centex Homes' Closing Argument. filed by Centex Homes.(Moore, Jonathan) (Entered: 08/10/2010)
08/10/2010349 TRIAL BRIEF PLAINTIFFS' CLOSING ARGUMENT. filed by Ko Olina Development, LLC, Ko Olina Realty, LLC. (Attachments: # 1 Certificate of Service)(Cockett, Shyla) (Entered: 08/10/2010)
08/10/2010350 OBJECTION re 348 Trial Brief Request for Judicial Notice Contained Therein filed by Ko Olina Development, LLC, Ko Olina Realty, LLC. (Attachments: # 1 Certificate of Service)(Cockett, Shyla) (Entered: 08/10/2010)
08/23/2010351 Declaration re 214 Link, of Shyla P.Y. Cockett in Support of Plaintiffs' Submission for Attorneys' Fees and Costs Associated With the 30(b)(6) Deposition Taken June 24, 2010. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Certificate of Service)(Cockett, Shyla) Modified on 8/24/2010 (afc) (Entered: 08/23/2010)
08/26/2010352 FINDINGS OF FACT AND CONCLUSIONS OF LAW ~ "The Court finds in favor of Plaintiffs in part and Defendant in part" ~ Signed by JUDGE DAVID ALAN EZRA on 8/26/2010. (afc)
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Participants 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 (Entered: 08/26/2010)
08/30/2010353 CLERK'S JUDGMENT IN A CIVIL CASE - JUDGMENT is entered in favor of Plaintiffs in part and in favor of Defendant in part, and entered in accordance with and pursuant to the following Orders: 1. The Court's Order filed June 8, 2010: The "ORDER: (1) GRANTING IN PART AND DENYING IN PART WITHOUT PREJUDICE CENTEX'S MOTION FOR SUMMARY JUDGMENT; (2) DENYING WITHOUT PREJUDICE KOD'S FIRST MOTION FOR PARTIAL SUMMARY JUDGMENT; (3) DENYING KOD'S SECOND MOTION FOR PARTIAL SUMMARY JUDGMENT; AND (4) DENYING WITHOUT PREJUDICE KOD'S THIRD MOTION FOR SUMMARY JUDGMENT," and 2. The Court's "FINDINGS OF FACT AND CONCLUSIONS OF LAW" filed on August 26, 2010. (afc)
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08/30/2010354  MOTION to Stay re 353 Clerk's Judgment, 352 Findings of Fact & Conclusions of Law,, Pending Reconsideration and, If Necessary, an Appeal; Memorandum in Support. Shyla Pualani Young Cockett appearing for Plaintiffs Ko Olina Development, LLC, Ko Olina Realty, LLC (Attachments: # 1 Declaration of Shyl P.Y. Cockett, # 2 Exhibit A, # 3 Certificate of Service)(Cockett, Shyla) Modified on 8/31/2010 - inserting memo text (bbb, ). (Entered: 08/30/2010)
08/31/2010355 NOTICE of Hearing on Motion 354 MOTION to Stay re 353 Clerk's Judgment,,,, 352 Findings of Fact & Conclusions of Law,, Pending Reconsideration and, If Necessary, an Appeal MOTION to Stay re 353 Clerk's Judgment,,,, 352 Findings of Fact & Conclusions of Law,, Pending Reconsideration and, If Necessary, an Appeal :. Motion Hearing set for 9/24/2010 09:00 AM before JUDGE DAVID ALAN EZRA. Opposition due 9/9/2010. Reply due 9/14/2010.(tl, )
CERTIFICATE OF SERVICE
Participants 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. (Entered: 08/31/2010)
09/07/2010356 ***Incorrect PDF attached. Memorandum re-filed as docket entry no. 357 *** MEMORANDUM in Opposition re 354 MOTION to Stay re 353 Clerk's Judgment, 352 indings of Fact & Conclusions of Law,, Pending Reconsideration and, If Necessary, an Appeal MOTION to Stay re 353 Clerk's Judgment, 352 Findings of Fact & Conclusions of Law,, Pending Reconsideration and, If Necessary, an Appeal filed by Centex Homes. (Moore, Jonathan) Modified on 9/8/2010 (afc). (Entered: 09/07/2010)
09/07/2010357 MEMORANDUM in Opposition re 354 MOTION to Stay re 353 Clerk's Judgment,,,, 352 Findings of Fact & Conclusions of Law,, Pending Reconsideration and, If Necessary, an Appeal MOTION to Stay re 353 Clerk's Judgment,,,, 352 Findings of Fact & Conclusions of Law,, Pending Reconsideration and, If Necessary, an Appeal filed by Centex Homes. (Moore, Jonathan) Modified on 9/8/2010: Although captioned in the document title, a Certificate of Service is not included with this filing. (afc). Table of Contents and Table of Authorities e-filed under separate cover. Please refer to "ERRATA" - docket entry no. 358 (afc). (Entered: 09/07/2010)
09/08/2010358 Errata re 357 Memorandum in Opposition to Motion,, to Stay Effectiveness of Findings of Fact, Conclusions of Law Entered August 26, 2010 and Judgment Entered August 30, 2010 Pending Reconsideration and, if necessary, an Appeal; filed September 7, 2010. (Attachments: # 1 Certificate of Service)(Moore, Jonathan) (Entered: 09/08/2010)
09/08/2010359 SUPPLEMENT re 357 Memorandum in Opposition to Motion,, filed by Centex Homes by Centex Homes. (Attachments: # 1 Declaration Jonathan S. Moore, # 2 Exhibit A)(Moore, Jonathan) (Entered: 09/08/2010)
09/08/2010360 CERTIFICATE OF SERVICE by Centex Homes to Supplement re Memorandum in Opposition to Motion (Moore, Jonathan) (Entered: 09/08/2010)
09/09/2010361  MOTION for Attorney Fees and Related Non-Taxable Expenses Jonathan Strother Moore appearing for Defendant Centex Homes (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Moore, Jonathan) Modified on 9/29/2010: ERRATA to Motion e-filed 9/28/2010; please refer to doc no. 379 . (afc) (Entered: 09/09/2010)
09/09/2010362 CERTIFICATE OF SERVICE by Centex Homes re 361 MOTION for Attorney Fees and Related Non-Taxable Expenses (Moore, Jonathan) (Entered: 09/09/2010)
09/09/2010363 Errata re 361 MOTION for Attorney Fees and Related Non-Taxable Expenses. (Attachments: # 1 Exhibit Table of Contents (2) Exhibit A, # 3 Exhibit C )(Moore, Jonathan) Modified on 9/9/2010 (gab, ). (Entered: 09/09/2010)
09/09/2010364 CERTIFICATE OF SERVICE by Centex Homes re 363 Errata re Defendant Centex Homes' Motion for Attorneys' Fees and Related Non-Taxable Expenses (Moore, Jonathan) (Entered: 09/09/2010)
09/13/2010365  EO: COURT's ORDER RE: Briefing Deadlines Re: 361 MOTION for Attorney Fees and Related Non-Taxable Expenses. (JUDGE LESLIE E KOBAYASHI)(wnn, )
CERTIFICATE OF SERVICE
Participants 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 (Entered: 09/13/2010)
09/13/2010366  MOTION for Taxation of Costs Jonathan Strother Moore appearing for Defendant Centex Homes (Attachments: # 1 Declaration of Bert T. Kobayashi Jr., # 2 Bill of Costs, # 3 Exhibit A, # 4 Certificate of Service)(Moore, Jonathan) (Entered: 09/13/2010)
09/13/2010367 BILL OF COSTS by Centex Homes. (Attachments: # 1 Declaration of Bert T. Kobayashi Jr., # 2 Bill of Costs, # 3 Exhibit A, # 4 Certificate of Service)(Moore, Jonathan) (Entered: 09/13/2010)
09/14/2010368  EO: Terminating 366 Motion for Taxation of Costs. Duplicate of 367 . (JUDGE LESLIE E KOBAYASHI)(wnn, )
CERTIFICATE OF SERVICE
Participants 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 (Entered: 09/14/2010)
09/14/2010369 REPLY re 357 Memorandum in Opposition to Motion,, to Stay Effectiveness of Findings of Fact, Conclusions of Law Entered August 26, 2010 Pending Reconsideration and If Necessary, an Appeal filed by Ko Olina Development, LLC, Ko Olina Realty, LLC. (Attachments: # 1 Certificate of Service)(Cockett, Shyla) (Entered: 09/14/2010)
09/15/2010370  MOTION for Reconsideration re 353 Clerk's Judgment,,,, 352 Findings of Fact & Conclusions of Law,, Shyla Pualani Young Cockett appearing for Plaintiffs Ko Olina Development, LLC, Ko Olina Realty, LLC (Attachments: # 1 Memorandum in Support, # 2 Certificate of Service)(Cockett, Shyla) (Entered: 09/15/2010)
09/20/2010371 OBJECTION to Bill of Costs re 367 BILL OF COSTS by Centex Homes filed by Ko Olina Development, LLC. (Attachments: # 1 Declaration Shyla P.Y. Cockett, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Certificate of Service)(Cockett, Shyla) (Entered: 09/20/2010)
09/21/2010372  EO: Motion Taken Under Advisement: 367 BILL OF COSTS by Centex Homes and 371 Objection to Bill of Costs. (JUDGE LESLIE E KOBAYASHI)(wnn, )
CERTIFICATE OF SERVICE
Participants 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 (Entered: 09/21/2010)
09/22/2010373 Defendant Centex Homes' MEMORANDUM IN OPPOSITION to Plaintiff's 370 Motion for Reconsideration filed September 15, 2010; Certificate of Service. (bbb, ) (Entered: 09/23/2010)
09/23/2010374  EO: re 354 MOTION to Stay re 353 Clerk's Judgment,,,, 352 Findings of Fact & Conclusions of Law,, Pending Reconsideration and, If Necessary, an Appeal MOTION to Stay re 353 Clerk's Judgment,,,, 352 Findings of Fact & Conclusions of Law,, Pending Reconsideration and, If Necessary, an Appeal. Hearing date vacated. Motion to be decided on the papers without a hearing. (JUDGE DAVID ALAN EZRA)(tl, )
CERTIFICATE OF SERVICE
Participants 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 (Entered: 09/23/2010)
09/23/2010375 Defendant Centex Homes' STATEMENT OF CONSULTATION;# 1 Declaration of Bert T. Kobayashi, Jr, # 2 Certificate of Service.(bbb, ) (Entered: 09/23/2010)
09/27/2010376 ORDER AWARDING ATTORNEYS' FEES AND COSTS re 351 ; re 214 . Signed by JUDGE LESLIE E KOBAYASHI on 9/27/10. (eps ) -- this Court AWARDS Plaintiffs $1,225.13 in attorneys' fees and $209.93 in costs, for a total award of $1,435.06. The Court ORDERS Defendant to pay this amount to Plaintiffs' counsel by no later than November 12, 2010.
CERTIFICATE OF SERVICE
Participants 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 will be served by first class mail on 09/28/2010 (Entered: 09/27/2010)
09/28/2010377 REPLY re 371 Objection to Bill of Costs, filed by Centex Homes. (Attachments: # 1 Certificate of Service)(Moore, Jonathan) (Entered: 09/28/2010)
09/28/2010378 ORDER DENYING PLAINTIFF'S MOTION FOR STAY 354 . Signed by JUDGE DAVID ALAN EZRA on 9/28/2010. (afc)
CERTIFICATE OF SERVICE
Participants 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 will be served by first class mail on September 29, 2010. (Entered: 09/28/2010)
09/28/2010379 Errata re 361 MOTION for Attorney Fees and Related Non-Taxable Expenses. (Attachments: # 1 Exhibit A, # 2 Certificate of Service)(Moore, Jonathan) (Entered: 09/28/2010)
09/30/2010380  EO: COURT ORDER RE DEFENDANTS MOTION FOR TAXATION OF COSTS. Denying 367 Motion for Bill of Costs; Re 371 Objection to Bill of Costs Granted. (JUDGE LESLIE E KOBAYASHI)(wnn, )
CERTIFICATE OF SERVICE
Participants 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 (Entered: 09/30/2010)
10/07/2010381 REPLY to Response to Motion re 370 MOTION for Reconsideration re 353 Clerk's Judgment,,,, 352 Findings of Fact & Conclusions of Law,, MOTION for Reconsideration re 353 Clerk's Judgment,,,, 352 Findings of Fact & Conclusions of Law,, filed by Ko Olina Development, LLC, Ko Olina Realty, LLC. (Attachments: # 1 Certificate of Service)(Cockett, Shyla) (Entered: 10/07/2010)
10/08/2010382 Defendant Centex Homes' MEMORANDUM IN SUPPORT OF AMENDED BILL OF COSTS. (Attachments: # 1 Declaration of Bert T. Kobayashi, Jr., # 2 AMENDED BILL OF COSTS, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Certificate of Service) (afc) (Entered: 10/10/2010)
10/14/2010384 MEMORANDUM in Opposition re 361 MOTION for Attorney Fees and Related Non-Taxable Expenses filed by Ko Olina Development, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 COS)(Cockett, Shyla) (Entered: 10/14/2010)
10/29/2010385 ORDER: (1) GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR RECONSIDERATION 370 ; (2) WITHDRAWING FINDINGS OF FACT AND CONCLUSIONS OF LAW FILED AUGUST 26, 2010 352 ; AND (3) SUBSTITUTING FINDINGS OF FACT AND CONCLUSIONS OF LAW CONTEMPORANEOUS WITH THIS ORDER. Signed by JUDGE DAVID ALAN EZRA on 10/29/2010. (afc)
CERTIFICATE OF SERVICE
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10/29/2010386 FINDINGS OF FACT AND CONCLUSIONS OF LAW. Signed by JUDGE DAVID ALAN EZRA on 10/29/2010. (afc)
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Participants 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 (Entered: 10/29/2010)
10/29/2010387 JUDGMENT IN A CIVIL CASE. ~ Judgment is entered in favor of Plaintiff in part and in favor of Defendant in part, and entered in accordance with and pursuant to: The "Order: (1) Granting in Part and Denying in Part without Prejudice Centex's Motion for Summary Judgment; (2) Denying without Prejudice KOD's First Motion for Partial Summary Judgment; (3) Denying KOD's Second Motion for Partial Summary Judgment; and (4) Denying without Prejudice KOD's Third Motion for Summary Judgment" (Doc no. 254 ) and the "Findings of Fact and Conclusions of Law" (Doc no. 386 ). (afc)
CERTIFICATE OF SERVICE
Participants 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 will be served by first class mail on November 1, 2010. (Entered: 10/29/2010)
11/01/2010388 OBJECTION to Bill of Costs re 382 BILL OF COSTS by Centex Homes filed by Ko Olina Development, LLC. (Attachments: # 1 Declaration Shyla P.Y. Cockett, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Certificate of Service)(Cockett, Shyla) (Entered: 11/01/2010)
11/01/2010389  EO: Motions Taken Under Advisement: 382 BILL OF COSTS by Centex Homes and 388 Objection to Bill of Costs. (JUDGE LESLIE E KOBAYASHI)(wnn, )
CERTIFICATE OF SERVICE
Participants 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 (Entered: 11/01/2010)
11/01/2010390 REPLY to Plaintiff Ko Olina Development's Memorandum in Opposition to Defendant Centex Homes' Motion for Attorneys' Fees and Related Non-Taxable Expenses filed by Centex Homes. (Attachments: # 1 Declaration of Jonathan S. Moore, # 2 Exhibit A, # 3 Certificate of Service)(Kobayashi, Bert) Modified on 11/2/2010: Memo in Opp: 384 . M/Atty Fees: 361 (afc). (Entered: 11/01/2010)
11/01/2010   EO: Motion Taken Under Advisement: 361 MOTION for Attorney Fees and Related Non-Taxable Expenses. (JUDGE LESLIE E KOBAYASHI)(wnn, )
CERTIFICATE OF SERVICE
Participants 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 (Entered: 11/02/2010)
11/02/2010391 RESPONSE in Opposition re 361 MOTION for Attorney Fees and Related Non-Taxable Expenses ERRATA AND SUPPLEMENTAL MEMORANDUM IN OPPOSITION filed by Ko Olina Development, LLC. (Attachments: # 1 Declaration Shyla P.Y. Cockett, # 2 Certificate of Service)(Cockett, Shyla) (Entered: 11/02/2010)
11/05/2010392 NOTICE OF APPEAL filed by plaintiff Ko Olina Development, LLC. Appeal of: (1) 387 Judgment in a Civil Case; (2) 386 Findings of Fact and Conclusions of Law; (3) 385 Order: (1) Granting in Part and Denying in Part Plaintiff's Motion for Reconsideration; (2) Withdrawing Findings of Fact and Conclusions of Law Filed August 26, 2010; and (3) Substituting Findings of Fact and Conclusions of Law Contemporaneous With This Order entered in this action on October 29, 2010; (4) 254 Order: (1) Granting in Part and Denying in Part Without Prejudice Centex's Motion for Summary Judgment; (2) Denying Without Prejudice KOD's First Motion for Partial Summary Judgment; (3) Denying KOD's Second Motion for Partial Summary Judgment; and (4) Denying without Prejudice KOD's Third Motion for Summary Judgment; (5) 68 Order Denying Plaintiffs' Motion for Reconsideration; and (6) 49 Order Denying Plaintiffs' Motion for a Preliminary Injunction. Filing fee $455. - PAID. (Attachments: # 1 Representation Statement, # 2 Certificate of Service) (afc) Modified on 11/9/2010: 9CCA Case no. 10-17548 (afc). (Entered: 11/08/2010)
11/05/2010393 USCA Appeal Fees received: $455; receipt number 253409 re 392 Notice of Appeal filed by Ko Olina Development, LLC. (afc) (Entered: 11/08/2010)
11/09/2010394 USCA Case Number 10-17548 for 392 Notice of Appeal filed by Ko Olina Development, LLC. (afc) No COS issued for this docket entry (Entered: 11/09/2010)
11/09/2010395 USCA TIME SCHEDULE ORDER as to 392 Notice of Appeal filed by Ko Olina Development, LLC (9CCA Case no. 10-17548). (afc)
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11/09/2010396 Attorney Appeal Packet re 392 Notice of Appeal (9CCA No. 10-17548). (Attachments: # 1 Instructions; Court Reporter Information; Transcript Designation Form & Instructions, # 2 Docket Sheet) (afc)
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11/10/2010397  EO: COURT ORDER REGARDING FINDINGS OF FACT AND CONCLUSIONS OF LAW FILED OCTOBER 29, 2010. Denying 361 Motion for Attorney Fees; Denying 382 Motion for Bill of Costs. (JUDGE LESLIE E KOBAYASHI)(wnn, )
CERTIFICATE OF SERVICE
Participants 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 (Entered: 11/10/2010)
11/15/2010398 TRANSCRIPT Designation and Ordering Form by Ko Olina Development, LLC for proceedings held on 6/25/09, 7/22/09, 7/28/10, 8/3/10, 8/4/10, 8/5/10, 8/6/10 before Judge David Alan Ezra, Transcript due by 12/15/2010. (Attachments: # 1 Certificate of Service)(Lautenbach, Andrew) (Entered: 11/15/2010)
11/17/2010399 TRANSCRIPT Designation and Ordering Form by Centex Homes for proceedings held on 6/25/09, 7/22/09, 7/28/10, 8/3/10, 8/4/10, 8/5/10, 8/6/10 before Judge Judge David Alan Ezra, Transcript due by 12/17/2010. (Attachments: # 1 Certificate of Service)(Moore, Jonathan) (Entered: 11/17/2010)
11/17/2010400  TRANSCRIPT of Proceedings (NON-JURY TRIAL - DAY 1) held on 8/3/10 - before Judge DAVID ALAN EZRA. Court Reporter Cynthia Fazio, Telephone number 808.533.0102. Transcript may be viewed at the court public terminal or ordered through the Court Reporter before the deadline for Release of Transcript. Remote availability of electronic transcripts is regulated by FRCP 5.2(a),FRCrP 49.1(a) and FRBP 9037(a) Redaction Request due 12/6/2010. Redacted Transcript Deadline set for 12/15/2010. Release of Transcript Restriction set for 2/14/2011. (213 pp.) (cf@hid.uscourts.gov) (Entered: 11/17/2010)
11/17/2010401  TRANSCRIPT of Proceedings (NON-JURY TRIAL - DAY 2) held on 8/4/10 - before Judge DAVID ALAN EZRA. Court Reporter Cynthia Fazio, Telephone number 808.533.0102. Transcript may be viewed at the court public terminal or ordered through the Court Reporter before the deadline for Release of Transcript. Remote availability of electronic transcripts is regulated by FRCP 5.2(a),FRCrP 49.1(a) and FRBP 9037(a) Redaction Request due 12/6/2010. Redacted Transcript Deadline set for 12/15/2010. Release of Transcript Restriction set for 2/14/2011. (194 pp.) (cf@hid.uscourts.gov) (Entered: 11/17/2010)
11/17/2010402  TRANSCRIPT of Proceedings (NON-JURY TRIAL DAY 3) held on 8/5/10 - before Judge DAVID ALAN EZRA. Court Reporter Cynthia Fazio, Telephone number 808.533.0102. Transcript may be viewed at the court public terminal or ordered through the Court Reporter before the deadline for Release of Transcript. Remote availability of electronic transcripts is regulated by FRCP 5.2(a),FRCrP 49.1(a) and FRBP 9037(a) Redaction Request due 12/6/2010. Redacted Transcript Deadline set for 12/15/2010. Release of Transcript Restriction set for 2/14/2011. (44 pp.) (cf@hid.uscourts.gov) (Entered: 11/17/2010)
11/17/2010403  TRANSCRIPT of Proceedings (NON-JURY TRIAL - DAY 4) held on 8/6/10 - before Judge DAVID ALAN EZRA. Court Reporter Cynthia Fazio, Telephone number 808.533.0102. Transcript may be viewed at the court public terminal or ordered through the Court Reporter before the deadline for Release of Transcript. Remote availability of electronic transcripts is regulated by FRCP 5.2(a),FRCrP 49.1(a) and FRBP 9037(a) Redaction Request due 12/6/2010. Redacted Transcript Deadline set for 12/15/2010. Release of Transcript Restriction set for 2/14/2011. (56 pp.) (cf@hid.uscourts.gov) (Entered: 11/17/2010)
11/17/2010404 ORIGINAL SIGNATURE submitted for 398 Transcript Designation and Ordering Form. This document was e-filed on 11/15/2010 and is assigned document no. 398 . Clerk's office has forwarded the document to Court Reporter Cynthia Fazio. (afc) (Entered: 11/17/2010)
11/19/2010405  MOTION to Enforce Judgment KOD's Motion to Enforce Findings of Fact and Conclusions of Law and Judgment Andrew James Lautenbach appearing for Plaintiff Ko Olina Development, LLC (Attachments: # 1 Memorandum In Support of Motion, # 2 Declaration of Andrew J. Lautenbach, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4-A, # 7 Exhibit 4-B, # 8 Exhibit 4-C, # 9 Exhibit 4-D, # 10 Exhibit 4-E, # 11 Exhibit 4-F, # 12 Exhibit 4-G, # 13 Exhibit 4-H, # 14 Exhibit 4-I, # 15 Exhibit 4-J, # 16 Exhibit 4-K, # 17 Exhibit 5, # 18 Certifiate of Service)(Lautenbach, Andrew) (Entered: 11/19/2010)
11/19/2010406 Ex Parte MOTION to Shorten Time to hear Motion re 405 MOTION to Enforce Judgment KOD's Motion to Enforce Findings of Fact and Conclusions of Law and Judgment Andrew James Lautenbach appearing for Counter Defendant Ko Olina Development, LLC (Attachments: # 1 Declaration Andrew J. Lautenbach, # 2 Proposed Order, # 3 Certificate of Service)(Lautenbach, Andrew) (Entered: 11/19/2010)
11/19/2010407 NOTICE of Hearing on Motion 405 MOTION to Enforce Judgment KOD's Motion to Enforce Findings of Fact and Conclusions of Law and Judgment :. Motion Hearing set for 11/24/2010 09:45 AM before JUDGE DAVID ALAN EZRA. Opposition due 11/22/2010 @5:00 p.m. Reply due 11/23/2010 @12:00p.m. (tl, )
CERTIFICATE OF SERVICE
Participants 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. (Entered: 11/19/2010)
11/22/2010408 MEMORANDUM in Opposition re 405 MOTION to Enforce Judgment KOD's Motion to Enforce Findings of Fact and Conclusions of Law and Judgment filed by Centex Homes. (Attachments: # 1 Declaration of Jonathan S. Moore, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D (part 1 of 3), # 6 Exhibit D (part 2 of 3), # 7 Exhibit D (part 3 of 3), # 8 Certificate of Service)(Moore, Jonathan) (Entered: 11/22/2010)
11/23/2010409 ORDER GRANTING PLAINTIFF'S EX PARTE MOTION TO SHORTEN TIME FOR HEARING ON PLAINTIFF KO OLINA DEVELOPMENT LLC'S MOTION TO ENFORCE FINDINGS OF FACT AND CONCLUSIONS OF LAW AND JUDGMENT [Doc 405 and 406 ] ~ Plaintiff's Motion to Enforce Findings of Fact and Conclusions of Law and Judgment (doc no. 405 ) shall be heard on November 24, 2010 at 9:45 a.m. before Judge David Alan Ezra. The following briefing schedule shall apply: November 22, 2010 by 5:00 p.m.: Deadline for Defendant to file its Opposition to the Motion to Enforce Findings of Fact and Conclusions of Law and Judgment. November 23, 2010 by 12:00 p.m.: Deadline for Plaintiff to file its Reply to any Opposition ~ Signed by JUDGE DAVID ALAN EZRA on 11/22/2010. related document: 408 - Defendant Centex Homes Memorandum in Opposition to KOD's Motion to Enforce Findings of Fact and Conclusions of Law and Judgment. (afc)
CERTIFICATE OF SERVICE
Participants 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 (Entered: 11/23/2010)
11/23/2010410 REPLY to Response to Motion re 405 MOTION to Enforce Judgment KOD's Motion to Enforce Findings of Fact and Conclusions of Law and Judgment filed by Ko Olina Development, LLC. (Attachments: # 1 Certificate of Service)(Lautenbach, Andrew) (Entered: 11/23/2010)
11/23/2010411 STATEMENT re 405 MOTION to Enforce Judgment KOD's Motion to Enforce Findings of Fact and Conclusions of Law and Judgment CERTIFICATE OF COMPLIANCE RE PLAINTIFF KO OLINA DEVELOPMENT, LLC'S REPLY TO DEFENDANT CENTEX HOMES' MEMORANDUM IN OPPOSITION TO PLAINTIFF'S MOTION TO ENFORCE FINDINGS OF FACT AND CONCLUSIONS OF LAW AND JUDGMENT filed by Ko Olina Development, LLC. (Attachments: # 1 Certificate of Service)(Lautenbach, Andrew) (Entered: 11/23/2010)
11/24/2010412 EP: Motion Hearing held on 11/24/2010 re 405 MOTION to Enforce Judgment KOD's Motion to Enforce Findings of Fact and Conclusions of Law and Judgment - taken under advisement. (Court Reporter Cynthia T. Fazio.) (District JUDGE DAVID ALAN EZRA)(bbb, )No COS issued for this docket entry (Entered: 11/24/2010)
11/29/2010413 BILL OF COSTS by Centex Homes. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Bert Kobayashi, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H)(Moore, Jonathan) Modified on 11/30/2010: The Certificate of Service, although captioned in the Memorandum in Support of Bill of Costs, is not included with the filing (afc). (Entered: 11/29/2010)
11/29/2010414  MOTION for Attorney Fees and Related Non-Taxable Expenses Bert T. Kobayashi, Jr appearing for Defendant Centex Homes (Attachments: # 1 Declaration of Bert T. Kobayashi Jr., # 2 Exhibit A (Itemization of Fees), # 3 Exhibit B, # 4 Exhibit C, # 5 Certificate of Service)(Kobayashi, Bert) (Entered: 11/29/2010)
11/30/2010415 CERTIFICATE OF SERVICE by Centex Homes re 413 BILL OF COSTS by Centex Homes (Moore, Jonathan) (Entered: 11/30/2010)
11/30/2010416 ORDER GRANTING PLAINTIFF'S MOTION TO ENFORCE FINDINGS OF FACT AND CONCLUSIONS OF LAW AND JUDGMENT 405 . Signed by JUDGE DAVID ALAN EZRA on 11/30/2010. [Order follows hearing on Motion 405 held 11/24/2010. Minutes: doc. no. 412 ] (afc)
CERTIFICATE OF SERVICE
Participants 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 (Entered: 11/30/2010)
11/30/2010417  EO: COURT'S ORDER Regarding Briefing Deadlines Re: 414 MOTION for Attorney Fees and Related Non-Taxable Expenses. (JUDGE LESLIE E KOBAYASHI)(wnn, )
CERTIFICATE OF SERVICE
Participants 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 (Entered: 11/30/2010)
12/01/2010  ADVISORY NOTICE: No captioned cover page - docket entry number 415 Certificate of Service filed by Centex Homes. As previously noted in the July 21, 2010 Clerk's advisory, each ECF-filing transaction is to be prefaced with a captioned cover sheet (to conform to requirements of LR 10.2 "Form of Papers"). Filing shall stand. (ac) (Entered: 12/01/2010)
12/03/2010418  AMENDED EO: Re 417 . Amended Briefing Deadlines regarding 414 Motion for Attorneys' Fees and Costs. (JUDGE LESLIE E KOBAYASHI)(wnn, )
CERTIFICATE OF SERVICE
Participants 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 Modified on 12/3/2010 (wnn, ). (Entered: 12/03/2010)
12/10/2010419  MOTION for Reconsideration re 416 Order on Motion to Enforce Judgment,, Jonathan Strother Moore appearing for Defendant Centex Homes (Attachments: # 1 Certificate of Service)(Moore, Jonathan) (Entered: 12/10/2010)
12/13/2010420 OBJECTION to Bill of Costs re 413 BILL OF COSTS by Centex Homes filed by Ko Olina Development, LLC. (Attachments: # 1 Declaration of Shyla P.Y. Cockett, # 2 Exhibit "1", # 3 Exhibit "2", # 4 Exhibit "3", # 5 Exhibit "4", # 6 Exhibit "5", # 7 Exhibit "6", # 8 Exhibit "7", # 9 Certificate of Service)(Cockett, Shyla) (Entered: 12/13/2010)
12/13/2010421 MEMORANDUM in Opposition re 414 MOTION for Attorney Fees and Related Non-Taxable Expenses filed by Ko Olina Development, LLC. (Attachments: # 1 Declaration of Shyla P.Y. Cockett, # 2 Exhibit "A", # 3 Exhibit "B", # 4 Exhibit "C", # 5 Exhibit "D", # 6 Exhibit "E", # 7 Exhibit "F", # 8 Certificate of Service)(Cockett, Shyla) (Entered: 12/13/2010)
12/13/2010422 STATEMENT re 414 MOTION for Attorney Fees and Related Non-Taxable Expenses Certificate of Compliance re Plaintiff Ko Olina Development, LLCs Memorandum in Opposition filed by Ko Olina Development, LLC. (Attachments: # 1 certificate of service)(Cockett, Shyla) (Entered: 12/13/2010)
12/14/2010423  EO: Motions Taken Under Advisement: 413 BILL OF COSTS by Centex Homes and re 420 Objection to Bill of Costs, (JUDGE LESLIE E KOBAYASHI)(wnn, )
CERTIFICATE OF SERVICE
Participants 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 (Entered: 12/14/2010)
12/14/2010424  TRANSCRIPT of Proceedings ( 405 PLTFF KO OLINA DEV.'S M/ENFORCE FINDINGS OF FACT/CONCL OF LAW/JUDGMT) held on 11/24/10- before Judge DAVID ALAN EZRA. Court Reporter Cynthia Fazio, Telephone number 808.533.0102. Transcript may be viewed at the court public terminal or ordered through the Court Reporter before the deadline for Release of Transcript. Remote availability of electronic transcripts is regulated by FRCP 5.2(a),FRCrP 49.1(a) and FRBP 9037(a) Redaction Request due 1/3/2011. Redacted Transcript Deadline set for 1/11/2011. Release of Transcript Restriction set for 3/11/2011. (38 pp.) (cf@hid.uscourts.gov) (Entered: 12/14/2010)
12/20/2010425 REPLY re 414 MOTION for Attorney Fees and Related Non-Taxable Expenses filed by Centex Homes. (Attachments: # 1 Declaration of Christopher T. Kobayashi, # 2 Declaration of Nicholas R. Monlux, # 3 Certificate of Service)(Kobayashi, Bert) (Entered: 12/20/2010)
12/20/2010   EO: Motion Taken Under Advisement: 414 MOTION for Attorney Fees and Related Non-Taxable Expenses. (JUDGE LESLIE E KOBAYASHI)(wnn, )
CERTIFICATE OF SERVICE
Participants 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 (Entered: 12/21/2010)
12/23/2010426 MEMORANDUM in Opposition re 419 MOTION for Reconsideration re 416 Order on Motion to Enforce Judgment,, filed by Ko Olina Development, LLC. (Attachments: # 1 Declaration of Andrew J. Lautenbach, # 2 Exhibit "1", # 3 Exhibit "2", # 4 Exhibit "3", # 5 Exhibit "4", # 6 Certificate of Service)(Lautenbach, Andrew) Docket Text Modified on 12/27/2010: Viewing of Exhibit 4 is restricted. (Exhibit 4=Transcript of Proceedings of M/Enforce Findings of Fact and Conclusions of Law and Judgment - hearing held 11/24/2010). Transcript may be viewed at the court public terminal or ordered through Court Reporter Cynthia Fazio, Telephone number 808-533-0102. Remote availability of electronic transcripts is regulated by FRCP 5.2(a), FRCrP 49.1(a) and FRBP 9037(a). NEF re-generated (afc). (Entered: 12/23/2010)
01/04/2011427 REPLY re 426 Memorandum in Opposition to Motion,,, for Reconsideration of this Court's Order Granting KOD's Motion to Enforce Findings of Fact, Conclusions of Law and Judgment, filed by Centex Homes. (Attachments: # 1 Certificate of Service)(Moore, Jonathan) (Entered: 01/04/2011)
01/06/2011428 SUPPLEMENT re 427 Reply, filed by Centex Homes by Centex Homes. (Attachments: # 1 Certificate of Service)(Moore, Jonathan) (Entered: 01/06/2011)
01/14/2011429  MOTION for Extension of Time to File Appeal of October 29, 2010 Findings of Fact and Conclusions of Law Jonathan Strother Moore appearing for Defendant Centex Homes (Attachments: # 1 Memorandum in Support of Motion, # 2 Certificate of Service)(Moore, Jonathan) (Entered: 01/14/2011)
01/18/2011430 MEMORANDUM in Opposition re 414 MOTION for Attorney Fees and Related Non-Taxable Expenses SUPPLEMENTAL MEMORANDUM IN OPPOSITION filed by Ko Olina Development, LLC. (Attachments: # 1 Certificate of Service)(Lautenbach, Andrew) (Entered: 01/18/2011)
01/18/2011431  EO: re 429 MOTION for Extension of Time to File Appeal of October 29, 2010 Findings of Fact and Conclusions of Law. Motion to be decided on the papers without a hearing. Opposition due 1/28/2011. Reply due 2/4/2011. (JUDGE DAVID ALAN EZRA)(tl, )
CERTIFICATE OF SERVICE
Participants 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 (Entered: 01/18/2011)
01/20/2011432  EO: COURT ORDER REGARDING PLAINTIFFS SUPPLEMENTAL MEMORANDUM IN OPPOSITION TO DEFENDANT CENTEX HOMES MOTION FOR ATTORNEYS FEES AND RELATED NON-TAXABLE EXPENSES. Re 414 MOTION for Attorney Fees and Related Non-Taxable Expenses. (JUDGE LESLIE E. KOBAYASHI)(wnn, )
CERTIFICATE OF SERVICE
Participants 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 (Entered: 01/20/2011)
01/21/2011433 ORDER DENYING DEFENDANT'S MOTION FOR RECONSIDERATION OF THIS COURT'S ORDER GRANTING PLAINTIFFS MOTION TO ENFORCE FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT re 419 ; re 416 .. Signed by JUDGE DAVID ALAN EZRA on 1/21/11. (eps )
CERTIFICATE OF SERVICE
Participants 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 (Entered: 01/21/2011)
01/26/2011434 NOTICE by Centex Homes OF APPEAL Centex Homes. (Attachments: # 1 REPRESENTATION STATEMENT, # 2 CERTIFICATE OF SERVICE)(Moore, Jonathan) (Entered: 01/26/2011)
01/26/2011435 Clerk's re-entry of Notice of Appeal document, doc no. 434 : Defendant Centex Homes' NOTICE OF APPEAL. ~ Appeal of 416 "Order Granting Plaintiff's Motion to Enforce Findings of Fact and Conclusions of Law and Judgment" and 433 "Order Denying Defendant's Motion for Reconsideration of this Court's Order Granting Plaintiff's Motion to Enforce Findings of Fact, Conclusions of Law and Judgment." ~ Filing fee $ 455. - DUE. (Attachments: # 1 Representation Statement, # 2 Certificate of Service)
CERTIFICATE OF SERVICE
Participants 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 will be served upon the Clerk's processing of the appeal packet. Docket text modified on 1/28/2011: Correcting date-filed field from 1/27/2011 to 1/26/2011; NOTICE OF APPEAL FILED on 1/26/2011. 9CCA case number: 9CCA No. 11-15246. (afc) (Entered: 01/27/2011)
01/27/2011  ADVISORY ENTRY re: docket entry number 434 Notice (Other) filed by Centex Homes. Because there is a fee ($455.00) for filing a "Notice of Appeal," the "Notice of Appeal" is one example of a document that presently must be filed in the traditional manner; i.e. it is a pleading that must be filed on paper rather than by electronic filing. The "NOTICE OF APPEAL" filing event is thus not made available to ECF-registered participants. PLEASE BE ADVISED that the Office of the Clerk will re-docket the Notice of Appeal for the original file-date of January 26, 2010. (afc) (Entered: 01/27/2011)
01/27/2011436 REPLY re 430 Memorandum in Opposition to Motion to Centex Homes' Motion for Attorneys' Fees filed by Centex Homes. (Wang, Maria) (Entered: 01/27/2011)
01/27/2011440 USCA Appeal Fees received $ 455.00, receipt number 254287 re 435 Notice of Appeal filed by Centex Homes (9CCA Case No. 11-15246) (afc) No COS issued for this docket entry (Entered: 01/28/2011)
01/28/2011  CORRECTIVE ENTRY. The entry docket number 436 Reply filed by Centex Homes was filed incorrectly in this case. The electronic signature on the document differs from the login and password assigned to the ECF User. Please refer to Local Rule 100.5.1 "Use of Login and Password" and Local Rule 100.5.2 "ECF User's Signature." The filing party shall re-submit a corrected filing. (afc) (Entered: 01/28/2011)
01/28/2011437 REPLY re 430 Memorandum in Opposition to Motion to Centex Homes' Motion for Attorneys' Fees filed by Centex Homes. (Attachments: # 1 Certificate of Service)(Moore, Jonathan) (Entered: 01/28/2011)
01/28/2011438 USCA Case Number 11-15246 for 435 Notice of Appeal filed by Centex Homes. (afc) No COS issued for this docket entry (Entered: 01/28/2011)
01/28/2011439 USCA TIME SCHEDULE ORDER as to 435 Notice of Appeal filed by Centex Homes. (afc)
CERTIFICATE OF SERVICE
Participants 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 (Entered: 01/28/2011)
01/28/2011441 Attorney Appeal Packet re 435 Notice of Appeal filed by Centex Homes. (Attachments: # 1 Appeal Instructions; Transcript Ordering Form, # 2 Docket Sheet (docket entries only), # 3 Docket Sheet (Party listing and docket entries)) (afc)
CERTIFICATE OF SERVICE
Participants 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 (Entered: 01/28/2011)
01/28/2011442 MEMORANDUM in Opposition re 429 MOTION for Extension of Time to File Appeal of October 29, 2010 Findings of Fact and Conclusions of Law filed by Ko Olina Development, LLC. (Attachments: # 1 Declaration of Andrew J. Lautenbach, # 2 Declaration of Kevin K. Hallstrom, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Certificate of Service)(Cockett, Shyla) (Entered: 01/28/2011)
02/04/2011443 TRANSCRIPT Designation and Ordering Form by Centex Homes for proceedings held on 6/25/09, 7/22/09, 7/28/10, 8/3/10, 8/4/10, 8/5/10, 8/6/10, 11/24/10 before Judge David Alan Ezra, (Moore, Jonathan) (Entered: 02/04/2011)
02/04/2011444 REPLY re 442 Memorandum in Opposition to Motion, for Extension of Time to File Appeal of October 29, 2010 Findings of Fact and Conclusions of Law filed by Centex Homes. (Attachments: # 1 Certificate of Service)(Moore, Jonathan) (Entered: 02/04/2011)
02/14/2011445 ORDER DENYING DEFENDANT'S MOTION TO EXTEND TIME TO APPEAL OCTOBER 29, 2010 FINDINGS OF FACT AND CONCLUSIONS OF LAW 429 . Signed by JUDGE DAVID ALAN EZRA on 2/14/2011. (afc)
CERTIFICATE OF SERVICE
Participants 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 will be served by first class mail on February 15, 2011. (Entered: 02/14/2011)

PACER Service Center
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02/27/2011 09:18:58
PACER Login: il0108 Client Code: ko olina
Description: Docket Report Search Criteria: 1:09-cv-00272-DAE -LK
Billable Pages: 30 Cost: 2.40