United States of America v. Staton et al

Filing 360

ORDER AND WRIT OF ASSISTANCE. Signed by JUDGE ALAN C. KAY on 05/09/2018. It is ORDERED that the Clerk of Court may issue a Writ of Assistance to the United States Marshal for the District of Hawaii and/or any other law enforcement agency (eps, )COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants served by First Class Mail to: Ronald B. Staton; Brenda L. Staton; 233 Kalalau St.; Honolulu, HI 96825 to the address of record listed on the Notice of Electronic Filing (NEF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
___________________________________
UNITED STATES OF AMERICA,
)
)
Plaintiff,
)
)
v.
) Civ. No. 12-00319 ACK-KSC
)
RONALD B. STATON, BRENDA STATON,
)
NAVY FEDERAL CREDIT UNION,
)
CAPSTEAD MORTGAGE CORPORATION,
)
and STATE OF HAWAII,
)
)
Defendants.
)
___________________________________)
ORDER AND WRIT OF ASSISTANCE
In the Order Confirming Sale, Approving Commissioner’s
Report, and Determining Priority of Future Disbursements
(“Order”), the Court confirmed the sale of the real property
located at 233 Kalalau Street, Honolulu, Hawaii 96825,
identified by Tax Map Key No. (1)3-9-023-039 (“Residence”) to
Purchaser Jacob Wurthner (“Purchaser”).
6, 23 ¶ 2.

ECF No. 330 at 21-22 ¶

The Court directed that, at the escrow closing for

the Residence (originally scheduled for April 27, 2018),
Commissioner Lyle S. Hosoda shall deliver a quitclaim deed to
the Purchaser entitling him to possess the Residence free and
clear of all interests and claims of all parties to this
proceeding.

ECF No. 330 at 24 ¶ 6.

The Court later proposed that the escrow closing be
continued to May 11, 2018, in order to provide the Statons

additional time to leave the Residence, and the Purchaser agreed
to the proposed continuation to accommodate the Statons.

See

ECF No. 343.
By letter dated May 8, 2018, Commissioner Hosoda
requested that the Court issue a writ of assistance in
connection with the transition of the Residence to the
Purchaser.

Commissioner Hosoda reported that it appears the

assistance of the United States Marshal’s office or another law
enforcement agency may be necessary to secure possession of the
Residence following the escrow closing scheduled for 11:00 a.m.
on Friday, May 11, 2018.
The Court’s Order stated:

“If any person fails or

refuses to leave and vacate the Residence by the [escrow closing
on May 11, 2018], the Commissioner is authorized to take all
actions that are reasonably necessary to bring about the
ejectment of those persons, including obtaining a writ of
possession.”

ECF No. 330 at 25 ¶ 9.

Additionally, the Order

provided: “[I]f, after the sale closing . . . the Residence
remains occupied, a writ of assistance may, without further
notice, be issued by the Clerk of Court pursuant to Rule 70 of
the Federal Rules of Civil Procedure to compel delivery of
possession of the real property at issue to the Purchaser.”
at ¶ 10.

The Order further provided that:

“If any person fails

or refuses to remove his or her personal property from the
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Id.

premises by the [escrow closing on May 11, 2018], any personal
property remaining on the Residence thereafter is deemed
forfeited and abandoned, and the Commissioner is authorized to
remove it and dispose of it in any manner the Commissioner sees
fit, including sale.

The sale proceeds are to be deposited into

the registry of the Court for further distribution.”

Id. at ¶

9.
The Court may issue all writs necessary to enforce the
Order.

See 28 U.S.C. § 1651(a) (providing that courts may

“issue all writs necessary or appropriate in aid of their
respective jurisdictions and agreeable to the usages and
principles of law”).

Pursuant to this authority, the Court

finds it appropriate to instruct the Clerk of Court to issue a
writ of assistance compelling delivery of possession of the
Residence to the Purchaser and removal of any personal property
remaining on the Residence following the escrow closing
scheduled for 11:00 a.m. on May 11, 2018.
Accordingly, it is ORDERED that the Clerk of Court
may issue a Writ of Assistance to the United States Marshal for
the District of Hawaii and/or any other law enforcement agency
to enforce the Order pursuant to the following terms and
conditions:
1) In the event the Statons continue to occupy the Residence
following the escrow closing scheduled for 11:00 a.m. on
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May, 11, 2018, the United States Marshal and/or any other
law enforcement agency shall enter the Residence and use
reasonable measures to remove the Statons therefrom;
2) If the Statons fail or refuse to remove their personal
property from the Residence by the time specified above,
any personal property remaining is deemed forfeited and
abandoned, and Commissioner Hosoda is authorized to remove
it and dispose of it in any manner he sees fit, including
sale;
3) Commissioner Hosoda is to accompany the United States
Marshal and/or any other law enforcement agency to the
Residence;
4) Anyone interfering with the enforcement of the Order and
this Writ of Assistance is subject to arrest by the United
States Marshal and/or any other law enforcement agency;
5) The Order shall be enforced, and reasonable force may be
used if necessary and with caution regarding the Statons’
age, and this Writ of Assistance shall be executed by the
United States Marshal and/or any other law enforcement
agency, and Commissioner Hosoda.

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IT IS SO ORDERED.
DATED:

Honolulu, Hawaii, May 9, 2018.

________________________________
Alan C. Kay
Sr. United States District Judge

United States v. Staton, et al., Civ. No. 12-00319 ACK-KSC, Order and Writ of
Assistance

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