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Summary: 244 F. Supp. Plaintiff Big Island Candies, Inc. ("BIC"), has sued Defendants The Cookie Corner, James McArthur, Angus McKibbin, and Cookie Masters of Hawaii (collectively "Cookie Corner") for misappropriation of trade dress in connection with Cookie Corner's manufacture and sale of a shortbread cookie dipped diagonally in chocolate (a "diagonally dipped shortbread cookie"). BIC alleges that it has protectable unregistered trade dress rights in (1) the design of BIC's diagonally dipped *1088 shor......read more.


Summary: 289 F. Supp. The basic factual background of this case is set forth in this Court's order at Flowers v. First Hawaiian Bank, 85 F. Supp. 2d 993 (D.Haw.2000) and in the Ninth Circuit's opinion at Flowers v. First Hawaiian Bank, 295 F.3d 966 (9th Cir. Plaintiff Marshall Flowers brought these suits primarily under the Right to Financial Privacy Act, 12 U.S.C. § 3401 et seq. ("RFPA"), after Defendants First Hawaiian Bank and Fort Jackson Federal Credit Union provided bank records to the United State......read more.


Summary: 47 B.R. 425 (1985) In re HAWAII DIMENSIONS, INC., Debtor. Randolph R. Slaton, Honolulu, Hawaii, for Hawaii Dimensions, Inc. The Bankruptcy Court found that rejection of the lease was justified because of Hawaii Dimensions, Inc.'s continued losses. Appellant, Commercial Finance, itself a Chapter 11 debtor, is the holder of a mortgage on the lease which was rejected by Hawaii Dimensions, Inc. Hawaii Dimensions, Inc., as the debtor-in-possession, has all the rights and duties of *427 a trustee in a......read more.


Summary: 419 F. Supp. Vernon F. L. Char, Denis C. H. Leong, Damon, Shigekane, Key & Char, Honolulu, Hawaii, for Aloha Motors, Inc. *1117 Nicholas C. Dreher, Cades, Schutte, Fleming & Wright, Honolulu, Hawaii, for First Hawaiian Bank. Defendants observe that plaintiffs' memorandum in support of their motion for class certification reflects an attempt to qualify under subdivision (b)(3),[3] the requirements of which are: (1) that the court find that the questions of law or fact common to the members of the......read more.


Summary: 378 F. Supp. 2d 1258 (2005) Kathleen HSIUNG, et al., Plaintiff, v. CITY AND COUNTY OF HONOLULU, a municipal corporation of the State of Hawaii, Defendant. BACKGROUND Plaintiffs, who hold leasehold interests in residential condominiums at a condominium complex on Kahala Beach, have sued Defendant, the City and County of Honolulu ("the City"), seeking to invalidate a city ordinance that Plaintiffs claim violates the Contracts Clause of the United States Constitution. According to Plaintiffs' compl......read more.


Summary: 127 F. Supp. 2d 1117 (2000) Matthew BROWELL, Plaintiff, v. Paul LEMAHIEU, in his official capacity as Superintendent, State of Hawaii; Department of Education, State of Hawaii, Defendants. Matthew Browell ("Plaintiff") filed a complaint July 21, 1999 against Paul LeMahieu, in his official capacity as the Superintendent for the State of Hawaii, and against the Department of Education (collectively, "Defendants"). Plaintiff's complaint is an appeal from an adverse decision of an administrative hea......read more.


Summary: 962 F. Supp. Hoeft v. Tucson Unified School Dist., 967 F.2d 1298, 1301 (9th Cir.1992); Hal Roach Studios v. Richard Feiner and Co., 896 F.2d 1542, 1550 (9th Cir.1990). Plaintiffs cite Hellweg v. Baja Boats, Inc., 818 F. Supp. In so holding, the Court rejects the thoughtful but unpersuasive reasoning in Hellweg v. Baja Boats, Inc., 818 F. Supp. Moreover, the Sixth Circuit case it relied upon, Cincinnati Gas & Electric Co. v. Abel, 533 F.2d 1001, 1003 (6th Cir.1976), only decided the issue of whet......read more.


Summary: 847 F. Supp. BACKGROUND This case involves a claim for underinsured motorist ("UIM") benefits by Wolcott under an Allstate policy issued to defendant's mother, Louise P. Wolcott. In this action, the parties seek to have this court determine the applicable statute of limitations for claims made against UIM coverage to ascertain whether or not Wolcott is entitled to UIM benefits under the Allstate policy. T.W. Elec. Serv., Inc. v. Pacific Elec. Contractors Ass'n, 809 F.2d 626, 630 (9th Cir.1987) (......read more.


Summary: 536 F. Supp. 2d 1216 (2008) U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, and Ahmed Almraisi, Nagi A. Alziam, Stunted Kassem, Muthana A. Shaibi, Nork Yafaie, Abdullah Yahia, Ahmed Almlhany, Plaintiffs-Intervenors, v. NCL AMERICA, INC., and NCL (Bahamas), Ltd., Defendants. *1217 *1218 Angela Morrison, U.S. Equal Employment Opportunity Commission, Las Vegas, NV, Anna Y. Park, Peter F. Laura, Victor Viramontes, U.S. Equal Employment Opportunity Commission, Los Angeles, CA, Connie Liem, U......read more.


Summary: 361 F. Supp. ORDER ADOPTING IN PART AND MODIFYING IN PART REPORT OF THE SPECIAL MASTER ON PLAINTIFFS' MOTION FOR AN AWARD OF ATTORNEYS' FEES AND COSTS, DEFENDANT DAVID KEALA'S BILL OF COSTS AND PLAINTIFFS' MOTION TO STRIKE DEFENDANT DAVID KEALA'S NOTICE OF BILL OF COSTS KAY, District Judge. BACKGROUND AND PROCEDURAL HISTORY[1] On January 14, 2000, Plaintiffs John ("John") and Jane Doe ("Jane") filed a complaint against the State of Hawaii Department of Education ("State D.O.E."), A-Plus Program,......read more.


Summary: 51 F. Supp. Defendant filed the instant motion for summary judgment on August 25, 1998, claiming that Plaintiff's case is governed by maritime law, and is accordingly time-barred by the six (6) month limitations period contained in Plaintiff's passenger ticket. v. Pacific Elec. Contractors Ass'n, 809 F.2d 626, 630 (9th Cir.1987). v. Boeing Co., 585 F.2d 946, 952 (9th Cir. Co. of North America, 815 F.2d 1285, 1289 (9th Cir.1987) (citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250, 106 S. C......read more.


Summary: 73 F. Supp. The plaintiff by this action, predicated upon the Federal Tort Claims Act, Sec. 931 (a) of 28 U.S.C.A., seeks to enforce an asserted right of contribution against the United States under the Territorial Joint *708 Tortfeasors' Act, Revised Laws of Hawaii 1945, Sec. 10487 et seq. by an appropriate motion the Government urges the dismissal of the action. Bohn v. American Export Lines, D.C.S.D.N.Y.1941, 42 F. Supp.


Summary: 788 F. Supp. 2d 1176 (2011) ALIAH K., by and through her guardian, LORETTA M., Plaintiffs, v. State of HAWAI`I, DEPARTMENT OF EDUCATION, Defendants. ORDER DENYING PLAINTIFFS' MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION LESLIE E. KOBAYASHI, District Judge. On March 17, 2011, Plaintiffs Aliah K., by and through her legal guardian, Loretta *1179 M. (collectively "Plaintiffs"), filed a Motion for Temporary Restraining Order ("Motion"). Defendant State of Hawai'i Department of E......read more.


Summary: 325 F. Supp. Clegg v. Cult Awareness Network, 18 F.3d 752, 755 (9th Cir.1994). Buckey v. County of Los Angeles, 968 F.2d 791, 794 (9th Cir.1992) (quoting Love v. United States, 915 F.2d 1242, 1245 (9th Cir.1989)) (further citations omitted). 12(b); Del Monte Dunes at Monterey, Ltd. v. Monterey, 920 F.2d 1496, 1507 (9th Cir.1990). See T.W. Elec. Serv., Inc. v. Pacific Elec. Contractors Ass'n, 809 F.2d 626, 630 (9th Cir.1987); Fed.R.Civ.P. Musick v. Burke, 913 F.2d 1390, 1394 (9th Cir.1990). (2) C......read more.


Summary: 575 F. Supp. v. Goldschmidt, 677 F.2d 259, 263 (2d Cir.1982), issues that now seem crucial may become irrelevant, and new issues may arise over the years as conditions change and this project sits on some planner's shelf. Co. v. Lewis, 676 F.2d 1317 (9th Cir.1982), are distinguishable from the present one.


Summary: 700 F. Supp. Defendants filed this Motion to Dismiss the Second Claim for Relief (Count II) of Dash's First Amended Complaint pursuant to Fed.R.Civ.P. 2d 80 (1957); Jones v. Johnson, 781 F.2d 769 (9th Cir.1986). See Dreisbach v. Murphy, 658 F.2d 720 (9th Cir.1981) and Carlson v. Coca-Cola Co., 483 F.2d 279 (9th Cir.1973).


Summary: 105 F. Supp. This court denies the motion to confirm and grants the motion to vacate because the arbitrator failed to disclose that he was contacted by one of the attorneys appearing before him in the present case about serving as a mediator in an unrelated matter. Upon further questioning by this court at the hearing on the present motions, VMI's counsel stated that, while the arbitration was still pending, sometime in September 1999, VMI's counsel and the Arbitrator discussed the possibility o......read more.


Summary: 600 F. Supp. PACIFIC LOAN, INC., et al., Counterclaim Plaintiffs, v. Michael F. McCARTHY, et al., Counterclaim Defendants. I. FACTS In response to a 42 U.S.C. Section 1983 claim filed by counterclaim defendants Michael F. McCarthy ("McCarthy") and American Resources, Limited, Inc. ("ARL"), Pacific Loan Inc. ("Pacific Loan") and Thrift Guaranty Corporation of Hawaii ("Thrift Guaranty") answered and counterclaimed against McCarthy and the other counterclaim defendants, charging violations of the R......read more.


Summary: 751 F. Supp. Plaintiff filed suit under the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552, to compel disclosure by Defendant of copies of certified payroll records of RG & B Contractors, Inc. ("RG & B"), a painting contractor on a military housing maintenance contract for the 15th Air Base Wing at Hickam Air Force Base, and for a declaratory judgment that contractor's payroll records are not exempt from disclosure. The contractor payroll records contain, inter alia, the names, addresses, p......read more.


Summary: 795 F. Supp. In this insurance dispute, Defendant Centex Homes ("Centex") asks the court to enforce an indisputably valid arbitration provision in its insurance policy that requires arbitration of "disagreement[s] as to the interpretation of this policy." Centex asks the court to order the parties to arbitrate in Dallas, Texas, pursuant to the terms of their policy. Because the Federal Arbitration Act ("FAA" or the "Act") does not permit a district court to compel arbitration outside its judicia......read more.