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Date: 03-19-2018

Case Style:

Steven Brooks v. Hualalai Investors, LLC, et al.

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Case Number: 1:17-cv-00364-JMS-KJM

Judge: J. Michael Seabright

Court: United States District Court for the District of Hawaii (Honolulu County)

Plaintiff's Attorney: Alex P. Katofsky , Daniel F. Gaines Kenneth S. Robbins, Margery S. Bronster, Melinda M Weaver, Miriam L. Schimmel, Robert M. Hatch

Defendant's Attorney: Barry A. Sulliva, Natasha L.N. Baldauf, Patrick K. Shea, Steven A. Ellis and William Meheula

Description: Honolulu, HI - Steven Brooks sued Hualalai Investors, LLC and Four Seasons Hotels Limited on a Fair Credit Reporting Act violation theory.

Date Filed # Docket Text
03/09/2018 37 EO: Presently pending before the court are Defendants' Objections to Magistrate Judge Kenneth Mansfield's Findings & Recommendation to remand this action to state court ("F & R"). ECF No. 29 . Subsequent to the filing of Defendants' Objections, the Ninth Circuit issued Bassett v. ABM Parking Services, Inc., ___ F.3d ___, 2018 WL 987954 (9th Cir. Feb. 21, 2018) and Noble v. Nevada Checker Cab Corp., No. 16-16573 (9th Cir. Mar. 9, 2018) (mem.). It appears that Bassett and Noble are controlling authority on the dispositive issue in the Objections, and the court is thus inclined to summarily adopt the F&R given this intervening authority. By March 16, 2018, Defendants are directed to file a response (limited to 10 pages or the equivalent word count) to the court's inclination to adopt the F&R.

(CHIEF JUDGE J. MICHAEL SEABRIGHT)(shm)
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: 03/09/2018)
03/16/2018 38 RESPONSE of Defendants Requested by Court in Order of March 9, 2018(dkt. No. 37 ) filed by Hualalai Investors, LLC. (Attachments: # 1 Certificate of Service)(Shea, Patrick) (Entered: 03/16/2018)

Outcome: 03/19/2018 39 ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION re: 26 .

"The Clerk of Court is directed to remand this action to the State of Hawaii, Circuit Court of the Third Circuit forthwith."


IT IS SO ORDERED.
Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 3/19/2018. (afc)


Order adopts the "Findings and Recommendation to Grant Plaintiff's Notice of Motion and Motion to Remand Action to State Court"
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: 03/19/2018)
03/19/2018 40 Clerk's TRANSMITTAL COVER LETTER addressed to the Court Administrator, Circuit Court of the Third Circuit, State of Hawaii re: 26 "Findings and Recommendation to Grant Plaintiff's Notice of Motion and Motion to Remand Action to State Court" ("F&R") and 39 Order adopting F&R. (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.
Certified copy of the F&R, the Order adopting F&R and a certified copy of the case docket transmitted this date by first class mail addressed to the Court Administrator, Circuit Court of the Third Circuit, State of Hawaii/77-6399 Nalani Street/Kailua-Kona, HI 96740. (Entered: 03/19/2018)
03/27/2018 41 Circuit Court of the Third Circuit, State of Hawaii's ACKNOWLEDGMENT OF RECEIPT of documentation re: REMAND 26 , 39 , 40 . (afc) (Entered: 03/28/2018)

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