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Ines v. Home Street Bank

United States District Court, District of Hawaii

May 20, 2014

TOM INES, Plaintiff,
v.
HOME STREET BANK; LINA HWANG; RYAN COONEY; STEVEN T. IWAMURA; ROBERT M. ERHORN, JR.; KEN OHARA; LORI K. STIBB; ROBERT E. CHAPMAN; TREVOR OZAWA; CHRISTOPHER J. WILLIAMS; MAUI PROCESS SERVERS LLC; EVICTIONS ARE US; ALII PROCESS SERVERS LLC; THE HAWAII DEPUTY SHERIFF ASSOCIATION; PATRICK H. SNIFFEN; MAUI COUNTY SHERIFF DEPARTMENT; PETER T. CAHILL; NICKI ANN THOMPSON; STATE OF HAWAII- BUREAU OF CONVEYANCES; STATE OF HAWAII- DEPARTMENT OF TAXATION, Defendants.

ORDER ADOPTING MAGISTRATE JUDGE’S FINDINGS AND RECOMMENDATION (ECF No. 13), AS MODIFIED.

HELEN GILLMOR, United States District Judge.

Findings and Recommendation having been filed and served on all parties on April 17, 2014, and no objections having been filed by any party,

IT IS HEREBY ORDERED AND ADJUDGED that, pursuant to Title 28, United States Code, Section 636(b)(1)(C) and Local Rule 74.2, the Findings and Recommendations (ECF No. 13) are adopted as the opinion and order of this Court with the following modifications:

On Page 3, Lines 13-16, Replace “Unless the Court in its order for dismissal otherwise specifies, a dismissal under this rule operates as an adjudication upon the merits. See id.” with “The United States Supreme Court ruled in Semtek Int’l Inc. v. Lockheed Martin Corp. et al., 531 U.S. 497, 505 (2001) that a dismissal pursuant to FRCP 41(b) operates as an adjudication on the merits in the jurisdiction where the action is dismissed. The same claim may not be relitigated in the jurisdiction where the matter has been dismissed.”

IT IS SO ORDERED.


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