United States of America v. Staton et al

Filing 363

ORDER DENYING DEFENDANTS RONALD AND BRENDA STATONS' EMERGENCY MOTION TO VACATE ORDER AND WRIT OF ASSISTANCE ENTERED ON MAY 9TH 2018 re 362 Motion. Signed by JUDGE ALAN C. KAY on 05/11/2018. (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 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 DENYING DEFENDANTS RONALD AND BRENDA
STATONS’ EMERGENCY MOTION TO VACATE ORDER AND
WRIT OF ASSISTANCE ENTERED ON MAY 9TH 2018
On May 10, 2018, the Statons filed an Emergency Motion
to Vacate Order and Writ of Assistance Entered on May 9th 2018
(“Motion”).

The Motion asserts that the Court’s May 9, 2018

Order and Writ of Assistance should be vacated because “the
Notice of Foreclosure Sale published in the newspaper . . .
directed the purchaser not the Commissioner to take
responsibility to secure possession” of the Residence.
at 1.

Motion

The Motion further contends that “[t]he Court has

overseen the sale of the property and should not be involved in
assisting the purchaser to obtain possession.”

Id. at 2.

Under

Local Rule 7.2(e), the Court finds it appropriate to decide the
Statons’ Motion without a hearing.

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For the reasons discussed below, the Court denies the
Statons’ Motion.
DISCUSSION
The Court denies the Statons’ Motion because the
issuance of a writ of assistance, effective May 11, 2018, was
appropriate and necessary under these circumstances.
On August 31, 2015, the Court issued an Order of
Foreclosure and Judicial Sale (“2015 Foreclosure Order”),
ordering 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”), free and clear of all liens.
No. 158.

The 2015 Foreclosure Order directed that:
All persons occupying the Residence shall
leave and vacate permanently within twenty
(20) days after the confirmation of the
sale, each taking with them his or her
personal property . . . when leaving and
vacating. If any person fails or refuses to
leave and vacate the Residence by the time
specified in this Order, the United States
Marshal’s Office is authorized to take
whatever action it deems appropriate to
remove such person or persons from the
premises. If any person fails or
refuses to remove his or her personal
property from the Residence by the time
specified herein, the personal property
remaining at the subject property thereafter
is deemed forfeited and abandoned, and
[Court-appointed Commissioner Lyle S.]
Hosoda and/or his representative is
authorized and directed to remove and dispose
of it in any manner they see fit, including
sale . . . .

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ECF

Id. at 9-10 ¶ 14.
The 2015 Foreclosure Order also stated:
[I]f, after the sale of the Residence is
confirmed by this Court, the property
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 purchasers thereof.
Id. at 10 ¶ 15.
On April 10, 2018, the Court issued an Order
Confirming Sale, Approving Commissioner’s Report, and
Determining Priority of Future Disbursements (“April 10, 2018
Order”), in which the Court confirmed the sale of the Residence
to Purchaser Jacob Wurthner (“Purchaser”), among other things.
ECF No. 330 at 21-22 ¶ 6, 23 ¶ 2.
stated:

The April 10, 2018 Order

“If any person fails or refuses to leave and vacate the

Residence by the [escrow closing on May 11, 2018 1], the
Commissioner is authorized to take all actions that are
1

The escrow closing was originally scheduled for April
27, 2018. E.g., ECF No. 330 at 24 ¶ 5. The Court proposed at a
later hearing that the escrow closing be continued to May 11,
2018, to provide the Statons additional time to leave the
Residence. See ECF No 343. The Purchaser of the Residence
agreed to the proposed continuation to accommodate the Statons.
Id.
The postponement of the escrow closing is but one
example of the Court’s attempts to accommodate the Statons over
the course of this litigation. The Court’s efforts to
accommodate the Statons stand in contrast to the Statons’
assertion that the Court is biased against them. Motion at 2.

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reasonably necessary to bring about the ejectment of those
persons, including obtaining a writ of possession.”
at 25 ¶ 9.

ECF No. 330

Additionally, the April 10, 2018 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” to the Purchaser.

Id. at ¶ 10.

The April 10,

2018 Order further provided that:
If any person fails or refuses to remove his
or her personal property from the 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.
Id. at ¶ 9.
By letter dated May 8, 2018, Commissioner Hosoda
requested that the Court issue a writ of assistance, effective
May 11, 2018, in connection with the transition of the Residence
to the Purchaser.

On May 9, 2018, the Court entered an order

instructing the Clerk of Court to issue a writ of assistance to
become effective if the Statons remained in the Residence
following the escrow closing scheduled for May 11, 2018.

ECF

No. 360 at 3-4 (setting forth terms and conditions for the
writ).

That same day, the Clerk of Court issued the writ of
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assistance to the United States Marshal for the District of
Hawaii, which set forth the terms and conditions the Court
specified in its order.

ECF No. 361.

The Court has reviewed the Motion and concludes that
the Statons are not entitled to the relief requested.

The 2015

Foreclosure Order and April 10, 2018 Order confirming the
foreclosure sale establish that the Court’s issuance of a writ
of assistance was appropriate and necessary.

In particular, the

Court finds that the express directives from the 2015
Foreclosure Order and April 10, 2018 Order govern the issuance
of the writ of assistance here; and the fact that the Notice of
Foreclosure Sale published in the newspaper stated that the
purchaser was responsible for gaining possession of the property
does not change the Court’s conclusion.

Quite the opposite, the

2015 Foreclosure Order and April 10, 2018 Order confirming the
foreclosure sale make clear that the Court, Commissioner, and
United States Marshal’s office could take reasonable action to
remove any individual or personal property remaining in the
Residence after the escrow closing.
The Statons have been aware of the need to leave the
Residence twenty days after the foreclosure sale confirmation
since the 2015 Foreclosure Order was entered.

As noted above,

the Court later extended the time for the Statons to leave the
Residence as an accommodation to the Statons.
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Courts may issue all writs necessary to enforce their
orders.

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”).

The issuance of a writ of assistance under

these circumstances was appropriate and necessary, and the Court
does not find that the Statons are unduly prejudiced or entitled
to the relief they seek.

The Court thus will not vacate the May

9, 2018 Order and Writ of Assistance.

ECF No. 360.

CONCLUSION
For the foregoing reasons, the Court DENIES the
Statons’ Emergency Motion to Vacate Order and Writ of Assistance
Entered on May 9th 2018.
IT IS SO ORDERED.
DATED:

Honolulu, Hawaii, May 11, 2018.

________________________________
Alan C. Kay
Sr. United States District Judge

United States v. Staton, et al., Civ. No. 12-00319 ACK-KSC, Order Denying
Defendants Ronald and Brenda Statons’ Emergency Motion to Vacate Order and
Writ of Assistance Entered on May 9th 2018.

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