Hancock et al v. Kulana Partners, LLC et al

Filing 71

ORDER CERTIFYING QUESTIONS OF LAW re 70 - Signed by JUDGE DERRICK K. WATSON on 6/9/2017. " This matter is stayed pending disposition of the certification request by the Hawaii Supreme Court. In the interim, the Cour t directs the administrative closure of this case. The case will be reopened by the Clerk of Court upon disposition by the Hawaii Supreme Court, or upon further order of this Court. Such an order reopening the case may be issued sua sponte, or a party may petition for reopening upon a showing of good cause." (emt, )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 HAWAI‘I
WILLIAM R. HANCOCK, individually CIVIL NO. 13-00198 DKW-RLP
and as Trustee of HANCOCK AND
COMPANY, INC. PROFIT SHARING
TRUST, under trust instrument April 3, ORDER CERTIFYING QUESTIONS
1983,
OF LAW
Plaintiff,
vs.
KULANA PARTNERS, LLC, a Hawaii
limited liability company; FIDELITY
NATIONAL TITLE & ESCROW OF
HAWAII, INC., a Hawaii corporation,
Defendants.

By memorandum dated June 9, 2017, the United States Court of Appeals for
the Ninth Circuit directed this Court to certify the following questions to the
Hawaii Supreme Court, pursuant to Hawaii Rule of Appellate Procedure 13:
1.

Whether a claim relating to a forged deed is subject to the
statute of limitations for fraud?

2.

Whether the recording of a deed provides constructive
notice in an action for fraud?

Hancock v. Kulana Partners, LLC, No. 14-15233, ECF No. 40-2 at 2 (9th Cir. June
9, 2017).

The Ninth Circuit further instructed that its “framing of these questions does
not limit the Hawaii Supreme Court’s ‘consideration of any issues that it
determines are relevant’ and that ‘it may in its discretion reformulate the
question[s].’” Id. at 2 (quoting Cornhusker Cas. Ins. Co. v. Kachman, 514 F.3d
982, 989 (9th Cir. 2008)).
This matter is stayed pending disposition of the certification request by the
Hawaii Supreme Court. In the interim, the Court directs the administrative
closure of this case.

The case will be reopened by the Clerk of Court upon

disposition by the Hawaii Supreme Court, or upon further order of this Court.
Such an order reopening the case may be issued sua sponte, or a party may petition
for reopening upon a showing of good cause.

The administrative closing will not

impact, in any manner, any party’s rights or obligations or the certified questions,
and no filing fee is required to reopen the case.
IT IS SO ORDERED.
DATED: June 9, 2017 at Honolulu, Hawai‘i.

/s/ Derrick K. Watson
Derrick K. Watson
United States District Judge

Hancock v. Kulana Partners, LLC et al.; CV 13-00198 DKW-RLP; ORDER CERTIFYING
QUESTIONS OF LAW

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