WHITE v. SABATINO

Civ. Nos. 04-00500 ACK/LEK, 05-00025 ACK/LEK.

526 F.Supp.2d 1143 (2007)

Sarah C. WHITE, Individually and as Special Administrator of the Estate of Stefan Bournakel, Deceased, and as Next Friend of Nicos Robert Bournakel, a minor, Plaintiffs, v. Carol Ann SABATINO, Bob's Maui Dive Shop, Inc. dba Maui Dive Shop, a Hawaii Corporation; 3090 Incorporated, a Hawaii Corporation; Ronald E. Wallach; County of Maui; Franklyn L. Silva, Individually and in his capacity as Director of the Department of Liquor Control, County of Maui; Wayne M. Pagan, Individually and in his capacity as Deputy Director of the Department of Liquor Control, County of Maui; John Does 1-20; Jane Does 1-20; Doe Corporations 1-20; Doe Partnerships 1-20; Doe Associates 1-20; Doe Governmental Agencies 1-20; and Other Entities 1-20, In Personam and M/V Alii Nui O.N. 567359 In rem, Defendants. Franklyn Silva, Wayne M. Pagan, and County of Maui, Cross-claimants, v. Carol Ann Sabatino, Robert Wallach, Bob's Maui Dive Shop, Inc. dba Maui Dive Shop, a Hawaii Corporation; and 3090 Incorporated, a Hawaii Corporation, Cross-Defendants. Franklyn L. Silva, Wayne M. Pagan, Third-Party Plaintiffs, v. Carol Ann Sabatino, Third-Party Defendant. In the Matter of the Complaint of 3090, Incorporated, a Hawaii Corporation as owners of the M/V Alii Nui O.N. 567359, for. Exoneration from and/or Limitation of Liability.

United States District Court, D. Hawai`i.

July 20, 2007.


Attorney(s) appearing for the Case

Denise M. Hevicon, Earl I. Anzai, Law Offices of Earl I. Anzai, Glenn H. Uesugi, Michael Jay Green, Honolulu, HI, Eve M. Green, Eve M. Green Esq., Wailuku, HI, for Plaintiffs.

Michele N. Bass, Lesser & Associates, Redondo Beach, CA, Emily A. Gardner, Emily A. Gardner, Attorney at Law LLC, Honolulu, HI, Jeana Sciarappa Schott, Richard A. Lesser, Steven M. McGuire, Lesser & Associates PLC, Redondo Beach, CA, for Defendants.


ORDER GRANTING COUNTY DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ON FOURTH AMENDED COMPLAINT AND GRANTING 3090, INC.'S MOTION TO STRIKE JURY

ALAN C. KAY, Senior District Judge.

PROCEDURAL BACKGROUND

On July 15, 2004, Sarah C. White, Individually and as Special Administrator of the Estate of Stefan Bournakel, Deceased, and as Next Friend of Nicos Robert Bournakel, ("Plaintiff") filed a Complaint in the Circuit Court of the...

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