Ines v. Home Street Bank et al

Filing 25

ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION (ECF NO. 13), AS MODIFIED re 13 - Signed by JUDGE HELEN GILLMOR on 5/20/2014. (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). Tom Ines shall be served by first class mail at the address of record on May 21, 2014.

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
)
)
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Plaintiff,
)
)
vs.
)
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HOME STREET BANK; LINA
)
HWANG; RYAN COONEY;
STEVEN T. IWAMURA; ROBERT )
)
M. ERHORN, JR.; KEN
)
OHARA; LORI K. STIBB;
ROBERT E. CHAPMAN; TREVOR )
)
OZAWA; CHRISTOPHER J.
)
WILLIAMS; MAUI PROCESS
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SERVERS LLC; EVICTIONS
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ARE US; ALII PROCESS
SERVERS LLC; THE HAWAII )
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DEPUTY SHERIFF
ASSOCIATION; PATRICK H. )
)
SNIFFEN; MAUI COUNTY
SHERIFF DEPARTMENT; PETER )
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T. CAHILL; NICKI ANN
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THOMPSON; STATE OF
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HAWAII- BUREAU OF
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CONVEYANCES; STATE OF
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HAWAII- DEPARTMENT OF
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TAXATION,
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Defendants.
_________________________ )

TOM INES,

CV No. 14-00052 HG-KSC

ORDER ADOPTING MAGISTRATE JUDGE’S
FINDINGS AND RECOMMENDATION (ECF No. 13), AS MODIFIED
Findings and Recommendation having been filed and
served on all parties on April 17, 2014, and no
objections having been filed by any party,

IT IS HEREBY ORDERED AND ADJUDGED that, pursuant to
Title 28, United States Code, Section 636(b)(1)(C) and
Local Rule 74.2, the Findings and Recommendations (ECF
No. 13) are adopted as the opinion and order of this
Court with the following modifications:
On Page 3, Lines 13-16, Replace “Unless the Court in
its order for dismissal otherwise specifies, a
dismissal under this rule operates as an
adjudication upon the merits.

See id.” with “The

United States Supreme Court ruled in Semtek Int’l
Inc. v. Lockheed Martin Corp. et al., 531 U.S. 497,
505 (2001) that a dismissal pursuant to FRCP 41(b)
operates as an adjudication on the merits in the
jurisdiction where the action is dismissed.

The

same claim may not be relitigated in the
jurisdiction where the matter has been dismissed.”
IT IS SO ORDERED.
DATED: May 20, 2014, Honolulu, Hawaii.

/s/ Helen Gillmor
Helen Gillmor
United States District Judge