| Date Filed |
Document # |
Attachment # |
Short Description |
Long Description |
Upload date |
SHA1 hash |
| 2004-10-21 |
1 |
0 |
Notice of Removal |
NOTICE OF REMOVAL of Civil action (complaint for declaratory judgment); exhibit A; certificate of service -removal from Circuit Court of the First Circuit State of Hawaii Case Number: 04-1-1811-10VSM (afc) |
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| 2004-10-21 |
2 |
0 |
Order |
ORDER by Judge David A. Ezra rule 16 conference set for 9:00 1/24/05 before Mag Judge Leslie E. Kobayashi (afc) |
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| 2004-10-22 |
3 |
0 |
Answer to Complaint |
ANSWER by defendant United States Fire Ins. Co. to complaint for declaratory judgment; certificate of service [1-1] (afc) |
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| 2004-11-19 |
4 |
0 |
Report of Planning Meeting |
REPORT OF PARTIES PLANNING MEETING; certificate of service - by plaintiff (afc) |
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| 2005-01-12 |
5 |
0 |
Scheduling Conference Statement |
SCHEDULING CONFERENCE STATEMENT; certificate of service - by plaintiff (afc) |
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| 2005-01-14 |
6 |
0 |
Scheduling Conference Statement |
SCHEDULING CONFERENCE STATEMENT; certificate of service - by defendant United States Fire Insurance (afc) |
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| 2005-01-24 |
7 |
0 |
Minutes - Miscellaneous |
EP: Rule 16 Scheduling Conference held. 1. Non-jury trial on November 29, 2005 at 9:00 a.m. before SOM 2. Final Pretrial Conference on October 18, 2005 at 9:00 a.m. before LEK 3. Final Pretrial Conference before District Judge N/A 4. Final Pretrial Statement by October 11, 2005 5. File motions to Join/Add Parties/Amend Pleadings by April 29, 2005 6. File other Non-Dispositive Motions by August 31, 2005 7. File Dispositive Motions by June 29, 2005 8a. File Motions in Limine by November 8, 2005 8b. File opposition memo to a Motion in Limine by November 15, 2005 11a. Plaintiff's Expert Witness Disclosures by May 31, 2005 11b. Defendant's Expert Witness Disclosures by June 29, 2005 12. Discovery deadline September 30, 2005 13. Settlement Conference set for on call 14. Settlement Conference statements by N/A 20. Submit Voir Dire Questions, Special Verdict Form, Concise Statement of Case and Jury Instructions by N/A 21. File Final witness list by November 8, 2005 24. Exchange Exhibit and Demonstrative aids by November 1, 2005 25. Stipulations re: Authenticity/Admissibility of Proposed Exhibits by November 8, 2005 26. File objections to the Exhibits by November 15, 2005 28a. File Deposition Excerpt Designations by November 8, 2005 28b. File Deposition Counter Designations and Objections by November 15, 2005 29. File Trial Brief by November 15, 2005 30. File Findings of Fact & Conclusions of Law by November 15, 2005 Other Matters: A copy of the Rule 16 Scheduling Order mailed to all parties. [rule 16 scheduling conference held on 9:00 1/24/05 before Mag Judge Leslie E. Kobayashi ; Trial set for 9:00 11/29/05 before Judge Susan Oki Mollway ; final pretrial set for 9:00 10/18/05; Discovery ddl set for 9/30/05; Motion filing ddl set for 6/29/05 before Mag Judge Leslie E. Kobayashi] (Ct Rptr: Courtroom 7 - No Record) JUDGE Mag Judge Leslie E. Kobayashi (afc) |
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| 2005-01-25 |
8 |
0 |
Scheduling Order |
RULE 16 SCHEDULING ORDER Mag Judge Leslie E. Kobayashi (cc: all counsel) (afc) |
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| 2005-05-04 |
9 |
0 |
Consent to Jurisdiction by US Magistrate Judge |
NOTICE CONSENT AND ORDER upon consent of parties this case transferred to Mag Judge Leslie E. Kobayashi for final disposition (cc: counsel) (afc) |
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| 2005-05-10 |
10 |
0 |
Minutes - Miscellaneous |
EO: Parties are in agreement to continue the trial date and all deadlines. New trial date and deadlines given. Amended Rule 16 Scheduling Order to be issued. 1. Non-jury trial on December 13, 2005 at 9:00 a.m. before LEK 2. Final Pretrial Conference on November 1, 2005 at 9:00 a.m. before LEK 3. Final Pretrial Conference before District Judge N/A 4. Final Pretrial Statement by October 25, 2005 5. File motions to Join/Add Parties/Amend Pleadings by N/A 6. File other Non-Dispositive Motions by September 14, 2005 7. File Dispositive Motions by July 13, 2005 8a. File Motions in Limine by November 22, 2005 8b. File opposition memo to a Motion in Limine by November 29, 2005 11a. Plaintiff's Expert Witness Disclosures by June 13, 2005 11b. Defendant's Expert Witness Disclosures by July 13, 2005 12. Discovery deadline October 14, 2005 13. Settlement Conference set for October 6, 2005 at 2:00 p.m. before BMK 14. Settlement Conference statements by September 29, 2005 20. Submit Voir Dire Questions, Special Verdict Form, Concise Statement of Case and Jury Instructions by N/A 21. File Final witness list by November 22, 2005 24. Exchange Exhibit and Demonstrative aids by November 15, 2005 25. Stipulations re: Authenticity/Admissibility of Proposed Exhibits by November 22, 2005 26. File objections to the Exhibits by November 29, 2005 28a. File Deposition Excerpt Designations by November 22, 2005 28b. File Deposition Counter Designations and Objections by November 29, 2005 29. File Trial Brief by November 29, 2005 30. File Findings of Fact & Conclusions of Law by November 29, 2005 Other Matters: A copy of the Amended Rule 16 Scheduling Order mailed to all parties. cc: all counsel [Trial set for 9:00 12/13/05 before Mag Judge Leslie E. Kobayashi ; final pretrial conference set for 9:00 11/1/05 before Mag Judge Leslie E. Kobayashi ; Discovery ddl set for 10/14/05; Motion filing ddl set for 7/13/05; settlement conference set for 2:00 10/6/05 before Mag Judge Barry M. Kurren] () JUDGE Mag Judge Leslie E. Kobayashi (afc) |
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| 2005-05-13 |
11 |
0 |
Scheduling Order |
AMENDED RULE 16 SCHEDULING ORDER Mag Judge Leslie E. Kobayashi (cc: all counsel) (afc) |
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| 2005-06-17 |
12 |
0 |
Motion for Summary Judgment |
NOTICE OF MOTION and motion by plaintiff for summary judgment ; memorandum in support of motion; affidavit of Milton M. Koga; affidavit of Bradford F.K. Bliss; exhibits A-E; certificate of service - set for 2:00 7/26/05 before Mag Judge Leslie E. Kobayashi (afc) |
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| 2005-06-17 |
13 |
0 |
Miscellaneous Document |
SEPARATE AND CONCISE STATEMENT of facts by plaintiff in support of its motion for summary judgment [12-1]; certificate of service (afc) |
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| 2005-06-24 |
14 |
0 |
Minutes - Miscellaneous |
EO: Plaintiff Mega Construction, Inc.'s Motion for Summary Judgment set for 07/26/2005 02:00:00 PM is moved to 09:00:00 AM before LEK. cc: all counsel [12-1] 9:00 7/26/05 () JUDGE Mag Judge Leslie E. Kobayashi (afc) |
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| 2005-07-08 |
15 |
0 |
Memorandum in Opposition to Motion |
MEMORANDUM by defendant United States Fire Ins in opposition to plaintiff's motion for summary judgment [12-1] (opposition made a part of deft's counter-motion for SJ) (afc) |
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| 2005-07-08 |
16 |
0 |
Miscellaneous Document |
SEPARATE AND CONCISE STATEMENT of facts by defendant United States Fire Ins Co in OPPOSITION to plaintiff's motion for summary judgment [12-1], and in SUPPORT OF defendants' counter-motion for summary judgment [15-1]; certificate of compliance; certificate of service (afc) |
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| 2005-07-12 |
17 |
0 |
Original Signature submitted |
SUBMISSION by defendant United States Fire Ins Co of the original affidavit of Patricia L. Knoll and exhibit 1 in support of defendant's counter-motion for summary judgment filed on July 8, 2005 and in opposition to plaintiff's M/SJ; affidavit of Patricia L. Knoll, exhibit 1; certificate of service [15-1] (afc) |
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| 2005-07-15 |
18 |
0 |
Response in Opposition |
OPPOSITION by plaintiff to defendant's cross-motion for summary judgment [15-1] by plaintiff (afc) |
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| 2005-07-20 |
19 |
0 |
Reply to Response to Motion |
REPLY MEMORANDUM by defendant United States Fire Insurance Co. in support of its counter-motion for summary judgment [15-1]; certificate of service (afc) |
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| 2005-07-25 |
20 |
0 |
Minutes - Miscellaneous |
EO: Court's Questions for Counsel Re Plaintiff's Motion for Summary Judgment and Defendant's Counter-Motion for Summary Judgment. At the hearing on the motions for summary judgment, the Court would appreciate to hear from counsel regarding the following: (1) The significance, if any, of the Edwards & Sands' policy language which states: SECTION II - WHO IS AN INSURED is amended to include as an additional insured any person or organization whom you are required to add as an additional insured to this policy by a written contract or written agreement that is: (1) currently in effect or becoming effective during the term of this policy; and (2) executed prior to the "bodily injury", "property damage" or "personal or advertising injury". [Exh. E to Plaintiff's Motion at USF 0025.] (2) Under Hawai`i law, apparent authority exists where: the principal does something or permits the agent to do something which reasonably leads another to believe that the agent had the authority he was purported to have. . . . The critical focus is not on the principal and agent's intention to enter into an agency relationship, but on whether a third party relies on the principal's conduct based on a reasonable belief in the existence of such a relationship. State Farm Fire & Cas. Co. v. Pacific Rent-All, Inc., 90 Hawai`i 315, 326-27, 978 P.2d 753, 764-65 (1999) (quoting Cho Mark Oriental Food, Ltd. v. K & K Int'l, 73 Haw. 509, 516-17, 836 P.2d 1057, 1062 (1992)) (internal quotation marks omitted) (alteration in original). When Insurance Factors issued a Certificate of Liability Insurance ("Certificate") that named Plaintiff Mega Construction, Inc. as an additional insured, [Exh. C to Mega's Motion.], did Insurance Factors have apparent authority to bind Defendant United States Fire Insurance Company? (3) What consideration, if any, should the Court give to the supreme court's holding in Lecker v. General American Life Insurance Co., 55 Haw. 624, 625, 525 P.2d 1114 (Haw. 1974), that, under the circumstances of the case, the members were entitled to rely on the booklet-certificate and the insurer was estopped from denying the coverage described in the booklet-certificate? cc: all counsel [12-1], [15-1] () JUDGE Mag Judge Leslie E. Kobayashi (afc) |
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| 2005-07-26 |
21 |
0 |
Minutes - Miscellaneous |
EP: Plaintiff Mega Construction, Inc.'s Motion for Summary Judgment; Defendant United States Fire Insurance Company's Counter-Motion for Summary Judgment - Arguments heard. Motions taken under advisement. Court to issue Order. [12-1], [15-1] (Ct Rptr: FTR-C7; Time: 9:00-9:42) JUDGE Mag Judge Leslie E. Kobayashi (afc) |
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| 2005-08-16 |
22 |
0 |
Order |
ORDER Granting Plaintiff's Motion For Summary Judgment And Denying Defendant's Counter-Motion For Summary Judgment by Mag Judge Leslie E. Kobayashi [15-1], [12-1] (gs) |
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| 2005-09-09 |
23 |
0 |
Motion for Attorney Fees |
NOTICE OF MOTION and motion by plaintiff Mega Construction, Inc. for attorneys' fees and costs ; memorandum in support of motion; affidavit of Bradford F.K. Bliss; exhibits A-F; certificate of service - referred to Mag Judge Leslie E. Kobayashi (afc) |
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| 2005-09-16 |
24 |
0 |
Order |
ORDER awarding declaratory judgment by Mag Judge Leslie E. Kobayashi - [ordered that declaratory judgment be entered in favor of plaintiff Mega Construction Inc.] (cc: all counsel) (afc) Modified on 09/21/2005 |
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| 2005-09-20 |
25 |
0 |
Memorandum in Opposition to Motion |
MEMORANDUM by defendant United States Fire I in opposition to motion for attorneys' fees and costs [23-1]; certificate of service (afc) Modified on 09/21/2005 |
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| 2005-09-21 |
26 |
0 |
Judgment |
JUDGMENT IN A CIVIL CASE - IT IS ORDERED AND ADJUDGED that the Court, having granted Plaintiff Mega Construction Inc.'s Motion for Summary Judgment in its August 16, 2005 "Order Granting Plaintiff's Motion for Summary Judgment and Denying Defendant's Counter-Motion for Summary Judgment," awards and enters Declaratory Judgment in favor of plaintiff Mega Construction, Inc., a Hawaii Corporation, and against defendant United States Fire Insurance Company. Declaratory Judgment is entered as pursuant to and in accordance with the "ORDER AWARDING DECLARATORY JUDGMENT" filed on September 16, 2005. terminating case (cc: all counsel) (afc) |
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| 2005-10-13 |
27 |
0 |
Minutes - Miscellaneous |
EO: Regarding Plaintiff's Motion for Attorneys' Fees and Costs filed on 9/9/05. Pursuant to LR 54.3, Plainitff's Motion for Attorneys' Fees and Costs will be considered by Magistrate Judge Leslie E. Kobayashi as a Non Hearing Motion. Pursuant to LR 54.3 Plaintiffs Statement of Consultation is due on 9/23/05. Pursuant to LR 54.3 and FRCvP Rule 6(e): Memorandum in Opposition is due 10/7/05. Reply Memorandum is due 10/21/05. Plaintiff' Motion for Attorneys' Fees and Costs will be taken under advisement by Magistrate Judge Leslie E. Kobayashi thereafter. Settlement Conference Re: Attorneys' Fees and Costs set for on call. cc: all counsel taking under advisement on the motion for attorneys' fees and costs [23-1] () JUDGE Mag Judge Leslie E. Kobayashi (afc) |
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| 2005-10-21 |
28 |
0 |
Minutes - Miscellaneous |
EO: Plaintiff's Motion for Attorneys' Fees and Costs will by Withdrawn by Counsel. Parties have come to an agreement. Motion is therefore terminated. [23-1] () JUDGE Mag Judge Leslie E. Kobayashi (afc) |
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| 2005-10-21 |
29 |
0 |
Miscellaneous Document |
WITHDRAWAL OF MOTION by plaintiff withdrawing its motion for attorneys' fees and costs [23-1]; certificate of service (afc) |
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