Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Staton

United States District Court, D. Hawaii

May 17, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
RONALD B. STATON; BRENDA L. STATON; NAVY FEDERAL CREDIT UNION; CAPSTEAD MORTGAGE CORPORATION; STATE OF HAWAII, Defendants.

          ORDER DENYING DEFENDANTS RONALD AND BRENDA STATONS' EMERGENCY MOTION FOR INJUNCTION (ECF NO. 367) AND STRIKING THE AMENDED NOTICE OF PENDENCY OF ACTION (ECF NO. 368)

          HELEN GILLMOR UNITED STATES DISTRICT JUDGE.

         BACKGROUND

         In the Order Confirming Sale, Approving Commissioner's Report, and Determining Priority of Future Disbursements (“Order”), the Court confirmed the sale of the real property located at 233 Kalalau Street, Honolulu, Hawaii 96825, identified by Tax Map Key No. (1)3-9-023-039 (“Residence”) to Purchaser Jacob Wurthner (“Purchaser”). ECF No. 330 at pp. 21-22 ¶ 6, p. 23 ¶ 2. The escrow closing for the Residence was held on May 11, 2018.[1] ECF No. 366. Following the escrow closing, Defendants Ronald and Brenda Staton refused to leave the Residence and failed to remove their personal property therefrom, as directed in the Order. ECF No. 330 at p. 25 ¶ 9. Accordingly, the United States Marshal's office executed a writ of assistance to remove the Statons from the Residence. See ECF No. 361.

         On May 15, 2018, the Statons filed an Emergency Motion for Injunction (“Motion”). ECF No. 367. The Motion seeks an “injunction against all efforts by the Court's appointed commissioner, Lyle S. Hodosa, and the third party purchaser, Jacob E. Wurthner, et al, cease all efforts to detain and withhold all personal property belonging to Defendants in on and around the property located at 233 Kalalau Street, Honolulu, Hawaii 96825 ....” Id. at p. 1.

         The next morning, on May 16, 2018, the Statons filed an Amended Notice of Pendency of Action. ECF No. 368. In the Amended Notice of Pendency of Action, the Statons seek to place a lien on the Residence and claim that its title “in the hands of the [Purchaser] is void.” Id. at p. 1.

         DISCUSSION

         Under the liberal standards applicable to pro se litigants, the Court interprets the Motion as a request for a temporary restraining order. The standard for granting a temporary restraining order is identical to that for a preliminary injunction. Hunger v. Univ. of Haw., 927 F.Supp.2d 1007, 1015 (D. Haw. 2013). Under this standard, a party “must establish that he is likely to succeed on the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in his favor, and that an injunction is in the public interest.” Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 21 (2008). The Statons do not explicitly address these factors; they instead make several arguments that attack the forfeiture of their personal property.

         On May 11, 2018, the United States Marshals executed a writ of assistance that the Clerk of Court issued. ECF No. 361. Among other things, that writ of assistance directed:

In the event the Statons continue to occupy the residence located at 233 Kalalau Street, Honolulu, Hawaii 96825 .... following the escrow closing scheduled for 11:00 a.m. on May 11, 2018, the United States Marshal shall enter the Residence and use reasonable measures to remove the Statons therefrom; .... If the Statons fail or refuse to remove their personal property from the Residence by the [May 11, 2018 escrow closing], any personal property remaining is deemed forfeited and abandoned, and Commissioner Lyle S. Hosoda is authorized to remove it and dispose of it in any manner he sees fit, including sale.

ECF No. 361 at p. 1.

         The Statons have known since 2015 of the need to remove their personal property (and themselves) from the Residence following confirmation of the foreclosure sale. On August 31, 2015, the Court issued an Order of Foreclosure and Judicial Sale (“2015 Foreclosure Order”), ordering the sale of the Residence free and clear of all liens. ECF No. 158. As the Court has repeatedly explained, the 2015 Foreclosure Order directed, among other things:

If any person fails or refuses to remove his or her personal property from the Residence by the time specified herein, the personal property remaining at the subject property thereafter is deemed forfeited and abandoned, and [Commissioner Lyle S.] Hosoda and/or his representative is authorized and directed to remove and dispose of it in any manner they see fit, including sale....

Id. at pp. 9-10 ¶ 14.

         In addition, the Court's April 10, 2018 Order Confirming Sale, Approving Commissioner's Report, and Determining ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.