United States District Court, D. Hawaii
LANDON ROBINSON, individually and on behalf of all others similarly situated, Plaintiff,
BANK OF HAWAII, dba BANKOH, Defendant.
ORDER GRANTING PLAINTIFF'S MOTION TO REMAND (ECF
Gillmor United States District Judge
Landon Robinson filed a proposed class action complaint in
the Circuit Court for the First Circuit of the State of
Hawaii. The Complaint states two claims against Bank of
Hawaii. First, Plaintiff alleges a violation of Hawaii state
usury law. Second, Plaintiff alleges a claim for breach of
Bank of Hawaii, a federally-insured state-chartered bank,
removed the case to federal court. Defendant argues there is
federal question subject-matter jurisdiction. Defendant
claims federal law provides the exclusive remedy for usury
claims against state-chartered banks.
filed a motion to remand the case to Hawaii State Court on
the basis that there is no federal question stated in his
Motion to Remand (ECF No. 17) is GRANTED.
January 20, 2017, Plaintiff filed his action as a proposed
class action complaint in the Circuit Court for the First
Circuit of the State of Hawaii. (Complaint, attached as
Exhibit 1 to Bank of Hawaii's Notice of Removal, at p. 6,
ECF No. 1-1).
February 17, 2017, Defendant filed DEFENDANT BANK OF
HAWAII'S NOTICE OF REMOVAL OF A CIVIL ACTION PURSUANT TO
28 U.S.C. § 1441(a). (ECF No. 1).
March 16, 2017, Plaintiff filed a MOTION TO REMAND PURSUANT
TO 28 U.S.C. § 1447(c). (ECF No. 17).
April 7, 2017, Defendant filed DEFENDANT BANK OF HAWAII'S
MEMORANDUM IN OPPOSITION TO PLAINTIFF'S MOTION TO REMAND.
(ECF No. 23).
April 24, 2017, Plaintiff filed his Reply. (ECF No. 24).
16, 2017, Plaintiff filed a letter regarding additional
uncited authority. (ECF No. 25).
25, 2017, a hearing was held on Plaintiff's Motion to
Remand before the Honorable Judge Helen Gillmor. (ECF No.
had a checking account with Bank of Hawaii. Plaintiff claims
certain fees were charged to his account because he overdrew
Hawaii's Consumer Deposit Account Agreement
(“Account Agreement”) allows for a customer to
overdraw his account. (Account Agreement, attached as Exhibit
A to Complaint, p. 16, ECF No. 1-1). An account is overdrawn
when a customer spends more money than what is available in
his account and the account balance goes below zero.
(Id. at p. 33).
Hawaii may charge a customer an initial “Overdraft
Fee” of $26 for attempting to overdraw the account.
(Id.) The Account Agreement allows Bank of Hawaii to
pay the amount of the overdraft on behalf of the customer.
(Id.) The terms require the customer to repay the
amount of the overdraft promptly. (Id.)
Account Agreement allows Bank of Hawaii to charge a $10
“Continuing Negative Balance Fee” if an account
has a negative balance for seven consecutive days.
(Id.) The Agreement also allows Bank of Hawaii to
charge a “Continuing Negative Balance fee for each
seven-day period that [an] ...