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SCHMIDT v. ASSOCIATION OF APARTMENT OWNERS

Civ. No. 90-00715 DAE.

780 F.Supp. 699 (1991)

Thomas F. SCHMIDT and Lorinna J. Schmidt, Plaintiffs, v. ASSOCIATION OF APARTMENT OWNERS OF MARCO POLO CONDOMINIUM, et al., Defendants. James KOSHI, Cross-Claimant, v. ASSOCIATION OF APARTMENT OWNERS OF MARCO POLO CONDOMINIUM, et al., Cross-Defendants. Daniel DONAHOE, Cross-Claimant, v. ASSOCIATION OF APARTMENT OWNERS OF MARCO POLO CONDOMINIUM, et al., Cross-Defendants. NEWHALL REALTY, Defendant/Third-Party Plaintiff, v. Daniel DONAHOE, Loren Divers, Thomas McDonald, John Does 1-10, Jane Does 1-10, Doe Partnerships 1-10, Doe Corporations 1-10, Doe Entities 1-10, and Doe Governmental Units 1-10, Third-Party Defendants. The ASSOCIATION OF APARTMENT OWNERS OF MARCO POLO CONDOMINIUM, Defendant/Fourth-Party Plaintiff, v. Paul JACOBI, Fourth-Party Defendant. Paul JACOBI, individually, and Harry Dixon, Frank Henry, and Paul Jacobi, derivatively, on behalf of the Association of Apartment Owners of Marco Polo Condominium, Counter-Claimant and Fifth-Party Plaintiffs, v. The ASSOCIATION OF APARTMENT OWNERS OF MARCO POLO CONDOMINIUM, the Board of Directors of the Association of Apartment Owners of Marco Polo Condominium, Jeffrey Pugh, Betty Ellis, Brigitte Bieheller, Ernestine Tabrah, Leo Downer, Kenneth Mead, William Igoe, Larry Newhall, James Bay, the Law Firm of Dinman, Nakamura, Elisha & Nakatani, a law corporation, Fifth-Party Defendants.

United States District Court, D. Hawaii.

January 25, 1991.

Attorney(s) appearing for the Case

Martin Wolff, John Rapp, Anthony Kim, Honolulu, Hawaii, for Thomas F. Schmidt and Lorinna G. Schmidt.

Charles R. Kozak, Honolulu, Hawaii, for Paul Jacobi, Harry Dixon and Frank Henry.

Emmet White, Carol Lee M. Ida, Honolulu, Hawaii, for Newhall Realty.

G. Stephen Elisha, Arlette S. Harada, Honolulu, Hawaii, for Ass'n of Apartment Owners of Marco Polo Condominium, Boards of Directors of Marco Polo Condominium from 1980 to 1988, Directors Brigitte Bieheller, Leo Downer, Charles Gertner, Robert Hutchison, William Igoe, Harold Iseke, Eugene Kindig, Lila Leduc, Clarence Lee, Frank McHale, William Melohn, Larry Newhall, Gloria Norton, John O'Farrell, Jeffrey Pugh, Ernestine Tabrah, Joanne Taylor and Jackie Widney, in their capacities as directors and James Bay and James Drinnon as employees.

Harold Chu, Russell H. Ando, Honolulu, Hawaii, for Jeffrey Pugh, Betty Ellis, Brigitte Bieheller, Ernestine Tabrah, Leo Downer, Kenneth Mead, Eugene Kindig, Jackie Widney, William Melohn, Joanne Taylor and Larry Newhall.

John A. Roney, Honolulu, Hawaii, for Daniel Donahoe and James Koshi.

Loren Divers, pro se.

ORDER GRANTING DEFENDANTS' MOTION FOR REMAND

KAY, Chief Judge.

FACTS

This is a procedurally and factually complicated case involving a dispute between condominium owners, the condominium association, the board of directors, and others associated with the property. Plaintiffs Thomas and Lorinna Schmidt filed a Complaint in U.S. District Court for the District of Hawaii in 1988. That case was assigned to Judge Ezra. When it became apparent that the...

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