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Boyd v. University of Hawai'i

Intermediate Court of Appeals of Hawai‘i

February 13, 2012

Charles David BOYD, Plaintiff-Appellant/Cross-Appellee,
v.
The UNIVERSITY OF HAWAI‘ I, a body corporate, Marla Berry, Rosanne Harrigan, Ping an Li, Samuel Shomaker, Gary Ostrander, Kenneth Kipnis, Vissilis Syrmos, Defendants-Appellees/Cross-Appellants, and John and Jane Does 1-20 and Doe Institutes 1-5, Defendants.

Editorial Note:

This decision has been designated as "Unpublished disposition." in the Pacific Reporter. See HI R RAP RULE 35

Appeal from the Circuit Court of the First Circuit (Civil No. 08-1-0989).

Charles David Boyd, Plaintiff-Appellant/Cross-Appellee pro se.

Kenneth S. Robbins, John-Anderson L. Meyer, Sergio Rugo (Robbins & Associates), for Defendants-Appellees/Cross-Appellants.

FOLEY, Presiding J, FUJISE and GINOZA, JJ.

MEMORANDUM OPINION

Plaintiff-Appellant/Cross-Appellee pro se Charles David Boyd (Boyd or Plaintiff) appeals from the Final Judgment filed on February 25, 2010 in the Circuit Court of the First Circuit [1] (circuit court). The circuit court entered judgment in favor of Defendants-Appellees/Cross-Appellants The University of Hawai‘i (University), Maria Berry, Rosanne Harrigan, Ping An Li, Samuel Shomaker, Gary Ostrander (Ostrander), Kenneth Kipnis, and Vassilis L. Syrmos (Syrmos) (collectively, UH or Defendants) and against Boyd. UH cross-appeals from the Final Judgment.

On appeal, Boyd contends the circuit court erred in dismissing his May 16, 2008 Complaint (Complaint).

In UH's cross-appeal, it contends the circuit court erred in issuing its May 4, 2010 " Order Granting in Part and Denying in Part Plaintiff's Motion to Disallow Taxation of Costs in Favor of Defendants, Filed March 22, 2010" when the court reduced the award of costs to UH from $2,522.77 to $720.27 without providing justification as required by Hawai‘i Rules of Civil Procedure Rule 54(d) and Hawaii Revised Statutes (HRS) § 607-9 (1993).

I. BACKGROUND

In Boyd's Complaint against UH, he alleged violations of article I, sections 4 and 5 of the Hawai‘i Constitution and HRS § 378-61[sic] (1993), negligent infliction of emotional distress, intentional infliction of emotional distress, gross negligence, and respondent superior.

On March 10, 2009, UH filed their Motion to Dismiss Boyd's Complaint. On August 10, 2009, the circuit court filed its " Order Granting In Part and Denying In Part [UH's] Motion to Dismiss, Filed March 10, 2009" (August 10, 2009 Order), in which the court dismissed Counts 1 through 5 and Count 7 and partially dismissed Count 6.

On September 30, 2009, UH filed their " Renewed Motion to Clarify or Revise Order Granting in Part and Denying in Part Their Motion to Dismiss Filed March 10, 2009, Filed August 10, 2009, or, in the Alternative, for Dismissal of All Remaining Claims" (Renewed Motion). On December 22, 2009, the circuit court granted UH's Renewed Motion and dismissed all of Boyd's remaining claims. On February 25, 2010, the circuit court entered its Final Judgment against Boyd on all claims in his Complaint.

On March 2, 2010, UH filed a Notice of Taxation of Costs, asking for costs of $2,522.77. On March 10, 2010, the circuit court granted costs in favor of UH in the amount of $2,522.77. Boyd filed his " Motion to Disallow Taxation of Costs in Favor of Defendants" on March 22, 2010. The circuit court filed its " Order Granting in Part and Denying in Part Plaintiff's Motion to Disallow Taxation of Costs in Favor of Defendants, Filed March 22, 2010" on May 4, 2010, reducing the award from $2,522.77 to 720.27.

Boyd and UH each timely ...


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