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OneWest Bank, FSB v. Farrar

United States District Court, D. Hawaii

May 14, 2014

ONEWEST BANK, FSB, Plaintiff,
v.
J. RANDALL FARRAR; CHRISTOPHER SALEM; WAYNE WAGNER; MARY WAGNER; LOT 48A LLC; POOL PRO, INC.; CREDIT ASSOCIATES OF MAUI, LTD; JOHN and MARY DOES 1-20; DOE PARTNERSHIPS, CORPORATIONS, OR OTHER ENTITIES 1-20, Defendants

For OneWest Bank, FSB, Plaintiff: Craig K. Shikuma, Jesse W. Schiel, LEAD ATTORNEYS, Kobayashi Sugita & Goda, Honolulu, HI.

For J. Randall Farrar, Defendant: Kurt K. Leong, LEAD ATTORNEY, Reid A. Nakamura, Ogawa, Lau, Nakamura & Jew, Honolulu, HI.

Christopher Salem, Defendant, Pro se, Lahaina, HI.

For Wayne Wagner, Mary Wagner, Defendants: D. Wayne Brechtel, LEAD ATTORNEY, PRO HAC VICE, Worden Williams APC, Solana Beach, CA; David W. Cain, LEAD ATTORNEY, Law Offices of David W. Cain, Wailuku, HI.

Mark T. Honda, Receiver, Pro se, Wailuku, HI.

For David William Cain, Interested Party: David W. Cain, LEAD ATTORNEY, Law Offices of David W. Cain, Wailuku, HI.

ORDER GRANTING PLAINTIFF'S MOTION FOR ORDER REQUIRING DEFENDANT CHRISTOPHER SALEM TO ORDER AND PAY FOR TRANSCRIPTS

Alan C. Kay, Senior United States District Judge.

For the following reasons, the Court hereby GRANTS Plaintiff OneWest Bank,

Page 1051

FSB's Motion for Order Requiring Defendant Christopher Salem to Order and Pay for Transcripts.

FACTUAL AND PROCEDURAL BACKGROUND

This case arises out of two loans that Defendants J. Randall Farrar and Christopher Salem obtained from La Jolla Bank, FSB, which were secured by two mortgages for each loan on two pieces of residential property. Because the Court and the parties are familiar with the extensive history of this case, the Court includes here only those facts necessary for the disposition of the instant motion.

On August 26, 2013, the parties placed a settlement on the record, and the magistrate judge set a status conference regarding the completion of the settlement agreement for September 11, 2013. (Doc. Nos. 140, 142, 145.) At the status conference, the parties informed the magistrate judge that they were circulating and reviewing the draft settlement agreement. (Doc. No. 144.) The magistrate judge held another status conference on September 19, 2013, during which the parties stated that the settlement documents had been circulated, but that Defendant Salem needed additional time to review and sign them. The magistrate judge set a deadline of September 23, 2013 for Salem to either execute the final settlement agreement or submit a final redline to the parties for review. (Doc. No. 148.)

Salem did not comply with the magistrate judge's instructions, instead circulating to the parties an entirely new settlement agreement. Plaintiff OneWest Bank, FSB therefore filed a Motion to Enforce Settlement Agreement on October 1, 2013. (Doc. No. 156.) A hearing was held on the Motion to Enforce on October 15, 2013, and on October 31, 2013 the magistrate judge issued its Findings and Recommendations Granting Plaintiff's Motion to Enforce Settlement Agreement. (Doc. No. 171 (" 10/31/13 F& R" ).) There being no objections to the 10/31/13 F& R, this Court issued its order adopting it on November 19, 2013. (Doc. No. 173 (" Order to Enforce Settlement" ).) On November 26, 2013, ...


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