Bruser v. Bank of Hawaii

Filing 398

EO: COURT ORDER DENYING PLAINTIFFS' NON-HEARING MOTION 382 FOR AN ORDER TO INSTRUCT TEMPORARY RECEIVER. In the Motion, the Brusers ask the Court to: 1) prevent the Receiver from replacing the property manager; 2) require the Receiver to return certain funds to an interest bearing account; and 3) issue sanctions against the Receiver. The Brusers requests significantly overlap with the directives previously issued to the Receiver, in which the Receiver was directed to pe rform a number of tasks to wind up the receivership by December 1, 2020. [Order, filed 9/30/20 (9/30/20 Order) (dkt. no. 387 ), at 15-16.]. In light of the approaching deadline to conclude the receivership, the parties are each hereby ORDERED to submit a letter of three pages or less, explaining the status of the Motion and whether the Motion is still necessary following the 9/30/20 Order. The letters must be received by November 20, 2020. The letters must be submitted to the Court by facsimile to 541-1386. If any party is unable to submit the required letter by facsimile, they are granted leave to submit the letter by email to [e-mail]. Generally, case-related correspondence is not accepted by email without leave, and the leave granted in this instance does not extend to other matters or cases. (JUDGE LESLIE E. KOBAYASHI) (afe)

Case 1:14-cv-00387-LEK-WRP Document 398 Filed 11/16/20 Page 1 of 1
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PageID #:

MINUTE ORDER

CASE NUMBER:

CIVIL NO. 14-00387 LEK-WRP

CASE NAME:

Michael David Bruser vs. Bank of Hawaii

JUDGE:

Leslie E. Kobayashi

DATE:

10/16/2020

COURT ACTION: EO: COURT ORDER DENYING PLAINTIFFS’ NON-HEARING
MOTION FOR AN ORDER TO INSTRUCT TEMPORARY RECEIVER
On September 11, 2020, Plaintiffs/Counterclaim Defendants Michael David
Bruser and Lynn Bruser, Trustees under that certain unrecorded Revocable Living Trust
Agreement dated July 11, 1988, as amended, doing business as Discovery Bay Center
(“the Brusers”) filed their Non-Hearing Motion for an Order to Instruct Temporary
Receiver (“Motion”). [Dkt. no. 382.] On September 15, 2020, Temporary Receiver
Steve Sombrero (“the Receiver”) filed a declaration in response to the Motion
(“Sombrero Declaration”). [Dkt. no. 383.] On September 25, 2020,
Defendant/Counterclaim Plaintiff Bank of Hawaii (“BOH”) filed its memorandum in
opposition to the Motion (“BOH Opposition”). [Dkt. no. 385.] On September 28 and
October 1, 2020, the Brusers filed their replies to the Sombrero Declaration and the BOH
Opposition. [Dkt. nos. 386, 389.]
In the Motion, the Brusers ask the Court to: 1) prevent the Receiver from replacing
the property manager; 2) require the Receiver to return certain funds to an interest bearing
account; and 3) issue sanctions against the Receiver. The Brusers’ requests significantly
overlap with the directives previously issued to the Receiver, in which the Receiver was
directed to perform a number of tasks to wind up the receivership by December 1, 2020.
[Order, filed 9/30/20 (“9/30/20 Order”) (dkt. no. 387), at 15-16.]
In light of the approaching deadline to conclude the receivership, the parties are
each hereby ORDERED to submit a letter of three pages or less, explaining the status of
the Motion and whether the Motion is still necessary following the 9/30/20 Order. The
letters must be received by November 20, 2020. The letters must be submitted to the
Court by facsimile to 541-1386. If any party is unable to submit the required letter by
facsimile, they are granted leave to submit the letter by email to
[e-mail]. Generally, case-related correspondence is not
accepted by email without leave, and the leave granted in this instance does not extend to
other matters or cases.
IT IS SO ORDERED.
Submitted by: Agalelei Elkington, Courtroom Manager