R & R Acquisitions Texas LLC v. Kauai Resort Partners, LLC et al

Filing 84

ORDER ADOPTING REPORT OF SPECIAL MASTER 79 . Signed by JUDGE SAMUEL P KING on 9/2/09. ~ that Plaintiff's First Motion forAttorneys Fees and Costs, filed June 18, 2009, be DENIED WITHOUT PREJUDICE. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII R & R ACQUISITIONS TEXAS, LLC, ) ) ) Plaintiff, ) ) vs. ) ) KAUAI RESORT PARTNERS, ) LLC; et al. ) Defendants. ) _____________________________ ) CV 08-00348 SPK-KSC

ORDER ADOPTING REPORT OF SPECIAL MASTER A Report of Special Master having been filed and served on all parties on August 14, 2009 and no objections having been filed by any party,1 IT IS HEREBY ORDERED AND ADJUDGED that pursuant to Title 28, United States Code, Section 636 (b)(2) and Local Rule 53.1, the August 14, 2009
The due date for filing objections was computed by a docket clerk to be September 8, 2009. The date was computed by allowing three days for service under Fed. R. Civ. P. 6(d) and twenty days to object to a report of special master under Fed. R. Civ. P. 53(f)(2). That 23-day period ended on Sunday, Sept. 6, 2009. Because Monday, Sept. 7, 2009, is a legal holiday, the deadline was computed to be September 8, 2009, under Fed. Riv. P. 6(a)(3). Although that deadline has not passed, Plaintiff R & R Acquisitions has already filed a Second Motion for Attorneys Fees to comply with the August 14, 2009 Report of Special Master. R & R will clearly not be objecting to the August 14, 2009 Report (and no other party had filed anything as to the original Motion for Attorneys Fees before Judge Chang, and thus would not be in a position to object to the August 14, 2009 Report of Special Master). In any event, there is no reason not to adopt the August 14, 2009 Report, which only recommended denial without prejudice to a second motion in compliance with the local rules. 1
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Report of Special Master is adopted as the opinion and order of this court. IT IS SO ORDERED. DATED: September 2, 2009.

_____________________________ Samuel P. King Senior United States District Judge

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