United States District Court, D. Hawaii
CRAIG MOSKOWITZ, on behalf of himself and all others similarly situated, Plaintiff,
AMERICAN SAVINGS BANK, F.S.B., Defendant.
OVERRULING PLAINTIFF'S OBJECTIONS TO THE MAGISTRATE
JUDGE'S FINDINGS AND RECOMMENDATION (ECF NO. 38)
AND ADOPTING THE MAGISTRATE JUDGE'S
FINDINGS AND RECOMMENDATION TO GRANT IN PART AND DENY IN PART
DEFENDANT AMERICAN SAVINGS BANK, F.S.B.'S MOTION FOR RULE
41(D) COSTS AND STAY OF PROCEEDINGS (ECF NO.
Gillmor, Understates District Judge.
February 21, 2017, Plaintiff Craig Moskowitz, on behalf of
himself and others similarly situated, filed a lawsuit in the
United States District Court for the District of Connecticut
against Defendant American Savings Bank, F.S.B.,
Moskowitz v. American Savings Bank, F.S.B., Civ. No.
15, 2017, Plaintiff filed a Notice of Voluntary Dismissal
pursuant to Fed.R.Civ.P. 41(a)(1)(A)(i).
later, on June 23, 2017, Plaintiff filed a nearly identical
Complaint that asserted the same claims against the same
Defendant in this District. (ECF No. 1).
American Savings Bank, F.S.B. filed a Motion for Costs and
Stay of Proceedings related to the District of Connecticut
proceeding pursuant to Fed.R.Civ.P. 41(d). (ECF No. 15).
October 30, 2017, the Magistrate Judge issued a FINDINGS AND
RECOMMENDATION TO GRANT IN PART AND DENY IN PART DEFENDANT
AMERICAN SAVINGS BANK, F.S.B.'S MOTION FOR RULE 41(d)
COSTS AND STAY OF PROCEEDINGS. (ECF No. 36).
November 13, 2017, Plaintiff filed Objections to the
Magistrate Judge's Findings and Recommendation. (ECF No.
November 27, 2017, Defendant filed its Response. (ECF No.
Objections (ECF No. 38) are OVERRULED.
Magistrate Judge's Findings and Recommendation (ECF No.
36) is ADOPTED.
U.S.C. § 636(b)(1)(B) permits a district court judge to
designate a magistrate judge to determine matters pending
before the court and to submit a findings and recommendation
to the district court judge. Any party may object to a
magistrate judge's findings and recommendation, pursuant
to District of Hawaii Local Rule 74.2.
district court judge shall make a de novo determination of
those portions of the findings and recommendation to which a
party properly objects and may accept, reject, or modify, in
whole or in part, the findings and recommendation made by the
magistrate judge. 28 ...