United States of America v. Sandwich Isles Communications, Inc. et al
| Hawaii District Court | |
| Judge: | J Michael Seabright |
| Referred: | Kevin Sc Chang |
| Case #: | 1:18-cv-00145 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1345 Default of Promissory Note |
| Case Filed: | Apr 20, 2018 |
| Last checked: Tuesday Oct 16, 2018 11:00 PM HST |
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Counter Claimant
Iini Patelesio
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Represented By
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Counter Claimant
Sandwich Isles Communications, Inc.
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Represented By
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Counter Claimant
Albert S.N. Hee
ROCHESTER, MN 55903
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Counter Claimant
Kaleo Cullen
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Counter Defendant
Ajit Pai
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Counter Defendant
Carol Mattey
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Counter Defendant
Kenneth Johnson
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Counter Defendant
Lisa Hone
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Counter Defendant
United States of America
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Counter Defendant
Sharon Gillette
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Represented By
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Counter Defendant
Federal Communications Commission
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Defendant
Waimana Enterprises, Inc.
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Defendant
Sandwich Isles Communications, Inc.
Offit Kurman Attorneys at Law c/o Richard L. Wasserman, Esq. 300 E. Lombard Street, Suite 2010
Baltimore, MD 21202 |
Represented By
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Defendant
Paniolo Cable Company, LLC
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Defendant
Pa Makani LLC
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Defendant
Janeen-Ann Olds
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Defendant
Kekauluohi, Inc.
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Defendant
ClearCom, Inc.
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Defendant
Ho'opa'a Insurance Corp.
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Defendant
Randall Y.C. Ho
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Defendant
Albert S.N. Hee
04602-122 FCI TERRE HAUTE FEDERAL CORRECTIONAL INSTITUTION SATELLITE CAMP Inmate Mail/Parcels P.O. BOX 33
TERRE HAUTE, IN 47808 |
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Defendant
Dell Financial Services LLC
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Plaintiff
United States of America
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ThirdParty Defendant
Ajit Pai
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Represented By
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ThirdParty Defendant
Carol Mattey
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Represented By
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ThirdParty Defendant
Lisa Hone
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Represented By
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ThirdParty Defendant
Sharon Gillette
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Represented By
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ThirdParty Plaintiff
Albert S.N. Hee
04602-122 FCI TERRE HAUTE FEDERAL CORRECTIONAL INSTITUTION Inmate Mail/Parcels P.O. BOX 33
TERRE HAUTE, IN 47808 |
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| TERMINATED PARTIES | |
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Defendant
R.M. Towill Corp.
Terminated: 06/04/2018
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Defendant
Central Pacific Bank
Terminated: 05/24/2018
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Defendant
Maui Electric Co. Ltd.
Terminated: 08/01/2018
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Defendant
Hawaiian Electric Company, Inc.
Terminated: 08/01/2018
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Defendant
Hawaii National Bank
Terminated: 05/24/2018
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GPO
Jul 22 2019
ORDER (1) GRANTING IN PART PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT, ECF NO. 48; (2) GRANTING PLAINTIFF'S MOTION TO DISMISS COUNTERCLAIM, ECF NO. 52; AND (3) GRANTING THIRD-PARTY DEFENDANTS' MOTION TO DISMISS INDIVIDUAL CAPACITY CLAIMS, ECF NO. 55 - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 7/22/2019. "The United States' Motion for Partial Summary Judgment, ECF No. 48, is GRANTED as to Count One of its Complaint. Sandwich Isles has defaulted and has breached the loan contracts. The United States' Motion to Dismiss Counterclaim, ECF No. 52, is GRANTED as to all official-capacity claims. Counterclaimants are granted leave to file an amended counterclaim by August 19, 2019, as to Count One (violation of the Equal Credit Opportunity Act) of the counterclaim only. The Individual Capacity Third-Party Defendants' Motion to Dismiss the Individual Capacity Claims, ECF No. 55, is GRANTED. The Third-Party Claims based on Bivens are DISMISSED with prejudice." (jo)COURT'S CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
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GPO
Aug 26 2019
ORDER (1) GRANTING MOTIONS TO DISMISS AMENDED COUNTERCLAIMS OF DEFENDANT ALBERT HEE, ECF NOS. 132, 134; AND (2) DENYING HEES MOTION FOR PARTIAL SUMMARY JUDGMENT, ECF NO. 127 - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 8/26/2019. "For the foregoing reasons, the court GRANTS (1) the United States' Motion to Dismiss Counterclaim of Albert S.N. Hee, ECF No. 132, and (2) the Individual-Capacity Counter-Defendants' Motion to Strike, or alternatively, Dismiss Albert Hee's Counterclaim, ECF No. 134. The court DENIES Albert Hee's Motion for Partial Summary Judgment, ECF No. 127." (jo)COURT'S CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
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GPO
Feb 03 2020
ORDER (1) GRANTING MOTION TO DISMISS FIRST AMENDED COUNTERCLAIM OF SANDWICH ISLES COMMUNICATIONS, INC., ECF NO. 176; AND (2) GRANTING MOTION FOR ENTRY OF FINAL JUDGMENT ON COUNT ONE OF THE COMPLAINT, ECF NO. 179 - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 2/3/2020. For the foregoing reasons, (1) the United States' Motion to Dismiss First Amended Counterclaim of Sandwich Isles Communications, Inc., ECF No. 176, is GRANTED, and (2) The United States' Motion for Entry of Final Judgment on Count I of the Complaint, ECF No. 179, is GRANTED. The First Amended Counterclaim is DISMISSED with prejudice. A Rule 54(b) judgment shall issue forthwith in favor of the United States and against Sandwich Isles. The evidence submitted by the United States in its Reply indicates that, as of September 30, 2019, the exact amount owed by Sandwich Isles for breach of contract under Count One was $136,598,437.40. See Kuchno Decl. 5, ECF No. 196-1 at PageID #3202; see also id. at PageID #3204-06 (providing billings of interest and principal due). But because interest on that amount has apparently continued to accrue since that time, to fix the exact amount of judgment, the United States is instructed to file a declaration (including similar proof of interest and principal due) with an updated amount owed as of the date this order is filed. That declaration is due by February 7, 2020. If Sandwich Isles desires to dispute the calculation of that amount, it may do so by February 14, 2020 with any opposition strictly limited to the calculation. After approval by this court, the clerk of court will enter an amended Rule 54(b) judgment, with the total amount owing under Count One of the Complaint. (jo)COURT'S CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
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GPO
Jun 29 2020
ORDER OVERRULING OBJECTION TO WRIT OF EXECUTION, ECF NO. 265 - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 6/29/2020. (jo)COURT'S CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
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GPO
Aug 31 2023
he email addresses listed on the Notice of Electronic Filing (NEF). (jni)FINDINGS OF FACT AND CONCLUSIONS OF LAW AS TO CLAIMS AGAINST ALBERT S.N. HEE - Signed by JUDGE J. MICHAEL SEABRIGHT on 8/31/2023. For the foregoing reasons, Plaintiff United States of America has failed to prove liability against Defendant Albert S. Hee under Counts Three through Six. Judgment will issue in favor of Defendant Hee after the court resolves the remaining issue regarding foreclosure as to Sandwich Isles.COURT'S CERTIFICATE OF SERVICE - Albert S.N. Hee shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on September 1, 2023. Registered Participants of CM/ECF received the document electronically to t |
| Docket last updated: 3 hours ago |
| Tuesday, July 02, 2024 | ||
| 566 | 566
order
Order ~Util - Terminate Motions
Tue 07/02 2:57 PM
ORDER (1) GRANTING THE UNITED STATES OF AMERICA'S MOTION FOR ORDER APPROVING CONFIRMATION OF EXECUTION SALE; AND (2) CONFIRMING EXECUTION SALE re544 - Signed by JUDGE J. MICHAEL SEABRIGHT on 7/2/2024. COURT'S CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants shall be served by First Class Mail to the addresses of record listed on the (NEF) on 7/3/2024. Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF). (jni) |
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| 565 | 565
minutes
1 - Terminate Motion Deadlines/Hearings (inc F&R) Motion Hearing Order on Motion for Miscellaneous Relief
Tue 07/02 2:50 PM
EP: UNITED STATES OF AMERICA'S MOTION FOR ORDER APPROVING CONFIRMATION OF EXECUTION SALE Others Present : Kevin W. Herring on behalf of Department of Hawaiian Home Lands (DHHL). Ted Petit (by video conference), Tom Bosse, and Andrew Gallo on behalf of Hawaiian Telcom. William Meheula on behalf of Waimana Enterprises. At 10:00 a.m., three calls were made by the courtroom manager outside of the courtroom to see if there were any new bidders in the matter before the Court. Three calls were made, and no one came forward to reopen the bidding. Court inquired if there were any new bidders sitting in the gallery. Negative response. Discussion held and oral arguments heard. 544 United States of America's Motion for Order Approving Confirmation of Execution Sale - GRANTED. Court recessed to allow the parties to have discussions amongst themselves. [11:07am - 12:25pm] Parties provided the Court with an updated Proposed Order Confirming the Sale. Oral arguments heard. Court to sign the proposed order Confirming the Sale. Within a week of closing, parties to submit the appropriate documents to close out the case. (JUDGE J. MICHAEL SEABRIGHT) (rls) COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF) |
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| Monday, July 01, 2024 | ||
| 564 | 564
minutes
Link
Mon 07/01 8:22 AM
EO: Confirmation Hearing on the United States' Motion for Order Approving Confirmation of Execution Sale, ECF No.544 , set for July 2, 2024, at 10:00 a.m. before Judge J. Michael Seabright will be held in Aha Nonoi . (JUDGE J. MICHAEL SEABRIGHT)(rlfh) COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF) |
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| Friday, June 28, 2024 | ||
| 563 | 563
minutes
Link
Fri 06/28 1:39 PM
EO: The court grants the letter request of Mr. Miniard Culpepper, co-counsel for the United States, to appear by video conference at the July 2, 2024 hearing on the Motion for Order Approving Confirmation of Execution Sale. Courtroom manager to provide video conference connection information. (JUDGE J. MICHAEL SEABRIGHT) (rls) COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF) |
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| Thursday, June 27, 2024 | ||
| 562 | 562
misc
Declaration
Thu 06/27 6:28 PM
Declaration re544 MOTION Confirm Execution Sale Executed Declaration of Jaren Tengan .(Herring, Kevin) |
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Att: 1
Exhibit Exhibitj H1,
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Att: 2
Exhibit Exhibit H2,
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Att: 3
Exhibit Exhibit H3,
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Att: 4
Certificate of Service
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respm
Memorandum in Support of Motion
Thu 06/27 6:05 PM
MEMORANDUM in Support re544 MOTION Confirm Execution Sale filed by Department of Hawaiian Home Lands.(Herring, Kevin) |
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Att: 1
Declaration of Jaren Tengan,
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Att: 2
Exhibit Exhibit H1,
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Att: 3
Exhibit Exhibit H2,
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Att: 4
Exhibit Exhibit H3,
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Att: 5
Certificate of Service
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notice
Notice of Appearance
Thu 06/27 5:06 PM
NOTICE of Appearance by Kevin W. Herring on behalf of Department of Hawaiian Home Lands on behalf of Department of Hawaiian Home Lands.(Herring, Kevin) |
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Att: 1
Certificate of Service
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respm
Statement in Support of Motion
Thu 06/27 4:51 PM
STATEMENT in Support re544 MOTION Confirm Execution Sale Successful Bidder Hawaiian Telcom, Inc.'s Statement In Support Of The United States Of America's Motion For Order Approving Confirmation Of Execution Sale (ECF 544) And Response To Sandwich Isles Communications' Objection To The Confirmation Motion (ECF 549) filed by Hawaiian Telcom, Inc..(Pettit, Ted) |
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Att: 1
Declaration of Daniel Masutomi,
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Exhibit M-1,
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Att: 3
Exhibit M-2,
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Att: 4
Exhibit M-3,
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Att: 5
Exhibit M-4,
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Exhibit M-5,
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Exhibit M-6,
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Att: 8
Exhibit M-7,
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Att: 9
Exhibit M-8,
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Att: 10
Certificate of Compliance,
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Att: 11
Certificate of Service
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respm
Memorandum in Opposition to Motion
Thu 06/27 4:44 PM
MEMORANDUM in Opposition Defendant Waimana Enterprises, Inc.'s Opposition to The United States of America's Motion for Order Approving Confirmation of Execution Sale [ECF 544] filed by Waimana Enterprises, Inc..(Meheula, William) |
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Att: 1
Declaration Declaration of Albert Hee,
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Att: 2
Declaration Declaration of Lex Smith,
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Att: 3
Exhibit Exhibit A,
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Att: 4
Exhibit Exhibit B,
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Att: 5
Exhibit Exhibit C,
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Att: 6
Exhibit Exhibit D,
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Att: 7
Exhibit Exhibit E,
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Att: 8
Exhibit Exhibit F,
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Att: 9
Exhibit Exhibit G,
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Att: 10
Exhibit Exhibit H,
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Att: 11
Exhibit Exhibit I,
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Att: 12
Exhibit Exhibit J,
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Att: 13
Exhibit Exhibit K,
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Att: 14
Exhibit Exhibit L,
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Att: 15
Exhibit Exhibit M,
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Att: 16
Supplement Certificate of Compliance,
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Att: 17
Certificate of Service Certificate of Service
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respm
Reply
Thu 06/27 2:43 PM
REPLY re544 MOTION Confirm Execution Sale ,549 Memorandum in Opposition to Motion, filed by United States of America.(Culpepper, Miniard) |
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Att: 1
Exhibit 1 - FCC Emergency Order,
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Att: 2
Exhibit 2 - Sandwich Isles June 5, 2024 Discontinuation Letter,
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Att: 3
Exhibit 3 - Hawaii Governor Proclamation,
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Att: 4
Exhibit 4 - PUC Transcript Excerpt
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| 556 | 556
1
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order
Order on Motion to Appear Pro Hac Vice
Thu 06/27 9:01 AM
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE as to Andrew J. Gallo, Esq. re554 - Signed by MAGISTRATE JUDGE ROM TRADER on 6/27/2024. Attorney Andrew J. Gallo added Pro Hac Vice for Interested Party Hawaiian Telcom, Inc. COURT'S CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants shall be served by First Class Mail to the addresses of record listed on the (NEF) on 6/27/2024. Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF). (jni) |
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| Tuesday, June 25, 2024 | ||
| 555 | 555
minutes
Link
Tue 06/25 3:15 PM
EO: The court grants the letter request of Mr. Ted Pettit, counsel for Hawaiian Telecom, Inc., to appear by video conference at the July 2, 2024 hearing on the Motion for Order Approving Confirmation of Execution Sale. Courtroom manager to provide video conference connection information. (JUDGE J. MICHAEL SEABRIGHT)(rlfh) COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF) |
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| 554 | 554
motion
Pro Hac Vice
Tue 06/25 11:56 AM
MOTION for Pro Hac Vice (Andrew J. Gallo, Esq.) Filing fee $ 300, receipt number AHIDC-3019135.Ted N. Pettit appearing for Interested Party Hawaiian Telcom, Inc.(Pettit, Ted) Modified on 6/25/2024 (jni) |
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Att: 1
Declaration,
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Att: 2
Exhibit A,
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Att: 3
Certificate of Service
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| 553 | 553
notice
Notice of Appearance
Tue 06/25 11:43 AM
NOTICE of Appearance by Ted N. Pettit on behalf of Hawaiian Telcom, Inc. on behalf of Hawaiian Telcom, Inc..(Pettit, Ted) |
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Att: 1
Certificate of Service
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