-RLP Shaughnessy v. KC Rainbow Development Corporation, LLC, No. 1:2009cv00051 - Document 233 (D. Haw. 2011)

Court Description: ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATIONS for 214 , 230 . Signed by JUDGE ALAN C KAY on 8/8/11. (eps) -- re: Petition For Approval of Good Faith SettlementCERTIFICATE OF SERV ICEParticipants 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

Download PDF
-RLP Shaughnessy v. KC Rainbow Development Corporation, LLC Doc. 233 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII BRIAN SHAUGHNESSY, ) ) Plaintiff, ) ) ) v. ) ASSOCIATION OF APARTMENT OWNERS ) OF MOANA PACIFIC, LLC; RAINBOW ) ) DEVELOPMENT CO., LLC, ) ) Defendants. ) ) KC RAINBOW DEVELOPMENT CO., LLC, ) ) Third-Party Plaintiff, ) ) ) v. ) ) ARCHITECTS HAWAII, LTD.; HAWAIIAN DREDGING CONSTRUCTION ) ) COMPANY, INC., ) ) Third-Party Defendants. ) Civ. No. 09-00051 ACK-RLP ORDER ADOPTING MAGISTRATE JUDGE’S FINDINGS AND RECOMMENDATIONS On May 31, 2011, the magistrate judge’s “Findings and Recommendation That Defendant/Third-Party Plaintiff KC Rainbow Development Co., LLC’s Petition For Approval of Good Faith Settlement Be Granted” were filed and served on all parties. Doc. No. 214 (“5/31/11 F&R”). The 5/31/11 F&R pertained to the settlement between KC Rainbow Development and Hawaiian Dredging Construction. On July 14, 2011, the magistrate judge’s “Findings Dockets.Justia.com and Recommendation That Defendant Association of Apartment Owners of Moana Pacific’s Petition For Approval of Good Faith Settlement Be Granted” were filed and served on all parties. (“7/14/11 F&R”). Doc. No. 230 The 7/14/11 F&R pertained to the settlement between Plaintiff and Association of Apartment Owners of Moana Pacific. No party has filed an objection to the 5/13/11 F&R or to the 7/14/11 F&R,1/ and the Court cannot find clear error on the face of the record with respect to these unobjected to findings and recommendations. See Stow v. Murashige, 288 F. Supp. 2d 1122, 1127 (D. Haw. 2003) (“The court may accept those portions of the Magistrate Judge’s findings and recommendation that are not objected to if it is satisfied that there is no clear error on the face of the record.”). Accordingly, IT IS HEREBY ORDERED AND ADJUDGED that, pursuant to Title 28, United States Code, Section 636(b)(1)(C) and Local Rule 74.2, both the 5/13/11 F&R and the 7/14/11 F&R are adopted as the opinions and orders of this Court.2/ 1/ The Court notes that KC Rainbow Development’s Petition For Approval of Good Faith Settlement was opposed (before the magistrate judge) by Architects Hawaii. However, pursuant to the settlement between KC Rainbow Development and Architects Hawaii (which was entered into the record on June 22, 2011), Architects Hawaii agreed not to challenge the 5/31/11 F&R, which found that the settlement between KC Rainbow Development and Hawaiian Dredging Construction was reached in good faith. 2/ The parties have informed the Court that they have (continued...) 2 IT IS SO ORDERED DATED: Honolulu, Hawai‘i, August 8, 2011. ________________________________ Alan C. Kay Sr. United States District Judge Shaughnessy v. Ass’n of Apartment Owners of Moana Pacific, LLC, et al., Civ. No. 09-003051 ACK-RLP: Order Adopting Magistrate Judge’s Findings and Recommendations. 2/ (...continued) settled all of their claims. The parties have also informed the Court that they intend to file forthwith a stipulation under Fed. R. Civ. P. 41 to dismiss with prejudice all claims. By August 31, 2011, the parties are directed to either file this stipulation or inform the Court as to the reason, if any, for the delay. 3

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.