Field v. Mirikitani et al

Filing 4

ORDER ADOPTING BANKRUPTCY JUDGE'S RECOMMENDATION TO DISTRICT COURT TO WITHDRAW REFERENCE IN ORDER TO SCHEDULE AND CONDUCT JURY TRIAL re 1 . Signed by JUDGE LESLIE E. KOBAYASHI on 04/13/2016. This Court DENIES t he Dispositive Motions Request and ADOPTS the bankruptcy judge's Recommendation in its entirety. The jury trial in this case will commence on January 31, 2017. This Court will issue a separate scheduling order setting forth the near-trial deadli nes. Following the issuance of the scheduling order, this matter will be REFERRED to the bankruptcy judge for all other purposes. The reference will be withdrawn ninety days before the trial date. (eps)CERTIFI CATE 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 HAWAII
DANE S. FIELD, bankruptcy
trustee of the estate of
Winston Mirikitani,

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)
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Plaintiff,
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vs.
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MARIAN MIRIKITANI,
individually and as Trustee
)
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under Revocable Declaration
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of Trust dated March 20,
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1982, et al.,
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Defendants.
_____________________________ )

CIVIL NO. 16-00121 LEK-RLP

ORDER ADOPTING BANKRUPTCY JUDGE’S
RECOMMENDATION TO DISTRICT COURT TO WITHDRAW REFERENCE
IN ORDER TO SCHEDULE AND CONDUCT JURY TRIAL
On March 1, 2016, the bankruptcy judge transmitted his
Recommendation to District Court to Withdraw Reference in Order
to Schedule and Conduct Jury Trial (“Recommendation”).
1-1.]

[Dkt. no.

The bankruptcy judge recommended this Court: withdraw the

reference at this time to schedule a jury trial and the
associated deadlines; refer the proceeding to the bankruptcy
judge for all other purposes until ninety days before the trial
date; and reject the defendants’ oral request that this Court –
instead of the bankruptcy judge – hear and decide all dispositive
motions in this case (“Dispositive Motions Request”).
On March 29, 2016, this Court issued an entering order
directing the parties to file any objections to the

Recommendation by April 8, 2016.

[Dkt. no. 3.]

No objections

were filed.
As to the Dispositive Motions Request, the usual
process is that, if a party files a dispositive motion regarding
any claim as to which there is an entitlement to a jury trial,
the bankruptcy judge issues findings and recommendations for the
district court’s de novo review.

In the instant case, the

defendants have not presented this Court with any reason why
their Dispositive Motions Request is necessary, and this Court
agrees with the bankruptcy judge that the usual process is
appropriate in this case.
This Court therefore DENIES the Dispositive Motions
Request and ADOPTS the bankruptcy judge’s Recommendation in its
entirety.

The jury trial in this case will commence on

January 31, 2017.

This Court will issue a separate scheduling

order setting forth the near-trial deadlines.

Following the

issuance of the scheduling order, this matter will be REFERRED to
the bankruptcy judge for all other purposes.

The reference will

be withdrawn ninety days before the trial date.
IT IS SO ORDERED.

2

DATED AT HONOLULU, HAWAII, April 13, 2016.

/s/ Leslie E. Kobayashi
Leslie E. Kobayashi
United States District Judge

DANE FIELD, ETC. VS. MARIAN MIRIKITANI, ETC.; CIVIL 16-00121 LEKRLP; ORDER ADOPTING BANKRUPTCY JUDGE’S RECOMMENDATION TO DISTRICT
COURT TO WITHDRAW REFERENCE IN ORDER TO SCHEDULE AND CONDUCT JURY
TRIAL

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