Shaughnessy v. KC Rainbow Development Corporation, LLC
ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATIONS for 214 , 230 . Signed by JUDGE ALAN C KAY on 8/8/11. (eps) -- re: Petition For Approval of Good Faith SettlementCERTIFICATE OF SERV ICEParticipants 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
ASSOCIATION OF APARTMENT OWNERS )
OF MOANA PACIFIC, LLC; RAINBOW )
DEVELOPMENT CO., LLC,
KC RAINBOW DEVELOPMENT CO., LLC, )
Third-Party Plaintiff, )
ARCHITECTS HAWAII, LTD.;
HAWAIIAN DREDGING CONSTRUCTION )
Civ. No. 09-00051 ACK-RLP
ORDER ADOPTING MAGISTRATE JUDGE’S
FINDINGS AND RECOMMENDATIONS
On May 31, 2011, the magistrate judge’s “Findings and
Recommendation That Defendant/Third-Party Plaintiff KC Rainbow
Development Co., LLC’s Petition For Approval of Good Faith
Settlement Be Granted” were filed and served on all parties.
Doc. No. 214 (“5/31/11 F&R”).
The 5/31/11 F&R pertained to the
settlement between KC Rainbow Development and Hawaiian Dredging
On July 14, 2011, the magistrate judge’s “Findings
and Recommendation That Defendant Association of Apartment Owners
of Moana Pacific’s Petition For Approval of Good Faith Settlement
Be Granted” were filed and served on all parties.
Doc. No. 230
The 7/14/11 F&R pertained to the settlement
between Plaintiff and Association of Apartment Owners of Moana
No party has filed an objection to the 5/13/11 F&R or
to the 7/14/11 F&R,1/ and the Court cannot find clear error on
the face of the record with respect to these unobjected to
findings and recommendations.
See Stow v. Murashige, 288 F.
Supp. 2d 1122, 1127 (D. Haw. 2003) (“The court may accept those
portions of the Magistrate Judge’s findings and recommendation
that are not objected to if it is satisfied that there is no
clear error on the face of the record.”).
Accordingly, IT IS
HEREBY ORDERED AND ADJUDGED that, pursuant to Title 28, United
States Code, Section 636(b)(1)(C) and Local Rule 74.2, both the
5/13/11 F&R and the 7/14/11 F&R are adopted as the opinions and
orders of this Court.2/
The Court notes that KC Rainbow Development’s Petition
For Approval of Good Faith Settlement was opposed (before the
magistrate judge) by Architects Hawaii. However, pursuant to the
settlement between KC Rainbow Development and Architects Hawaii
(which was entered into the record on June 22, 2011), Architects
Hawaii agreed not to challenge the 5/31/11 F&R, which found that
the settlement between KC Rainbow Development and Hawaiian
Dredging Construction was reached in good faith.
The parties have informed the Court that they have
IT IS SO ORDERED
DATED: Honolulu, Hawai‘i, August 8, 2011.
Alan C. Kay
Sr. United States District Judge
Shaughnessy v. Ass’n of Apartment Owners of Moana Pacific, LLC, et al., Civ.
No. 09-003051 ACK-RLP: Order Adopting Magistrate Judge’s Findings and
settled all of their claims. The parties have also informed the
Court that they intend to file forthwith a stipulation under Fed.
R. Civ. P. 41 to dismiss with prejudice all claims. By August
31, 2011, the parties are directed to either file this
stipulation or inform the Court as to the reason, if any, for the
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