Puana v. Kealoha

Filing 483

ORDER ADOPTING THE MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION TO GRANT PLAINTIFFS' MOTION FOR DEFAULT JUDGMENT AGAINST LOUIS M. KEALOHA re 477 - Signed by JUDGE LESLIE E. KOBAYASHI on 9/29/2023. (eta)COURT& #039;S CERTIFICATE OF SERVICE - Louis M. Kealoha and Katherine M. Kealoha shall be served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) on October 2, 2023. Registered Participants of CM/ECF received the document electronically to the email addresses listed on the Notice of Electronic Filing (NEF).

UNITED STATES DISTRICT COURT
DISTRICT OF HAWAII
GERARD K. PUANA, RICKY L.
HARTSELL, AS TRUSTEE OF THE
FLORENCE M. PUANA TRUST;

CIV. NO. 16-00659 LEK-WRP

Plaintiffs,
vs.
KATHERINE P. KEALOHA, LOUIS M.
KEALOHA, MINH-HUNG NGUYEN, MINHHUNG "BOBBY" NGUYEN; DANIEL
SELLERS, NIALL SILVA, WALTER
CALISTRO, DRU AKAGI, JOHN
AND/OR JANE DOES 1-50, DEREK
WAYNE HAHN,
Defendants.
ORDER ADOPTING THE MAGISTRATE JUDGE’S
FINDINGS AND RECOMMENDATION TO GRANT PLAINTIFFS’
MOTION FOR DEAFULT JUDGMENT AGAINST LOUIS M. KEALOHA
On March 3, 2023, Plaintiffs Gerard K. Puana and Ricky
L. Hartsell as Trustee of the Florence M. Puana Trust
(collectively “Plaintiffs”) filed a Motion for Default Judgment
as to Defendant Louis M. Kealoha (“Default Judgment Motion”).
[Dkt. no. 460.]

On August 31, 2023, the magistrate judge issued

the Findings and Recommendation to Grant Plaintiffs’ Motion for
Default Judgment Against Louis M. Kealoha (“F&R”).
no. 477.]

[Dkt.

On September 5, 2023, Defendant Louis M. Kealoha

(“Kealoha”) filed a Motion to Set Aside Entry of Default and
Default Judgment, dated July 31, 2023 (“Motion to Set Aside”).

[Dkt. no. 478.]

An entering order denying the Motion to Set

Aside was issued on September 7, 2023 (“9/7 EO”).
no. 480.]

[Dkt.

The 9/7 EO reiterated that any objections to the F&R

were due within fourteen days after service of the F&R.

[Id.]

On September 21, 2023, Kealoha filed a Declaration of
Louis M. Kealoha (“Declaration”) with the same Motion to Set
Aside attached.

[Dkt. no. 481.]

In the Declaration, Kealoha

attested that he sent the Motion to Set Aside on July 31, 2023,
but received the envelope back on August 28, 2023 as
undelivered.

[Declaration at ¶¶ 2-3.]

Kealoha also states

there have been issues with the prison mail system that “have
significantly impacted the time that [his] mail would be
received by the court.”

[Id. at ¶ 5.]

Although Kealoha states the mail he has sent to this
district court has been delayed, he has not established that the
mail sent to him from this district court has been delayed.
Therefore, this Court assumes that Kealoha received the F&R and
the 9/7 EO in a timely manner and that he was aware of the
deadline to file any objections.
No objections to the F&R have been filed.

Therefore,

it is HEREBY ORDERED that, pursuant to 28 U.S.C. § 636(b)(1)(C)
and Local Rule 74.1, the F&R is adopted as the opinion and order
of this Court.

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In light of the adoption of the F&R, Plaintiff’s
Default Judgment Motion is GRANTED.
IT IS SO ORDERED.
DATED AT HONOLULU, HAWAII, September 29, 2023.

GERARD K. PUANA, ET AL. VS. KATHERINE P. KEALOHA, ET AL; CV 1600659 LEK-WRP; ORDER ADOPTING THE MAGISTRATE JUDGE’S FINDINGS
AND RECOMMENDATION TO GRANT PLAINTIFFS’ MOTION FOR DEFAULT
JUDGMENT AGAINST LOUIS M. KEALOHA

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