United States of Ame v. 0.50 Acres of Land,, et al
Federal Civil Lawsuit Hawaii District Court, Case No. 1:01-cv-00413-HG-BMK
District Judge HELEN GILLMOR, presiding

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United States of America United States of America, Plaintiff

Toggle Switch Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Thomas A. Helper +5412 541 541 2850 Tom.Helper@usdoj.gov
v.
No Logo 0.50 Acres of Land, More or Less, Situated at Alaeiki and Papauluana, Kipahulu, Island and County of Maui, State of Hawaii, Defendant

Toggle Switch Represented by co.maui.hi.us Law Firm Placeholder

Name Phone Fax E-Mail
Space James Takayesu +1 808 270 7740
No Logo Unknown Owners, Defendant
No Logo William Michael Elliott, Defendant

Toggle Switch Represented by Cades Schutte LLP

Name Phone Fax E-Mail
Space Philip J. Leas +5219 521 521 9200 pleas@cades.com

Toggle Switch Represented by Estate Planning Group

Name Phone Fax E-Mail
Space Allison Mizuo Lee amizuo@cades.com
Office Hawaii
Filed 6/20/2001
Jury Demand None
Demand $0
Nature of Suit 210 - Real Property: Land Condemnation
Cause Section 43 U.S.C. § 945a Complaint in Condemnation
Jurisdiction U.S. Government Plaintiff
Disposition Dismissed - Settled
County Maui
Terminated 4/2/2003
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag TERMED
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Blank 30 Filed: 4/2/2003, Entered: 4/3/2003 Judgment*Court Filing
JUDGMENT: by Judge Helen Gillmor re [28-1] - on behalf of USA - that the full compensation for the taking of the fee simple title, subject to existing easements for public roads and highways, public utilities, railroads and pipelines in the land described in Schedule "B" to the Complaint, is the sum of $152,500.00 and that title to this tract of land shall vest in the United States of America free and discharged of all claims and liens of every kind whatsoever, and that the United States will pay the sum of $152.500.00 as set forth: $30 to Treasurer, County of Maui; $152,470.00 to William Michael Elliot, through his attorney, Philip J. Leas (fe)
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    Blank 29 Filed: 4/2/2003, Entered: 4/3/2003 Stipulation and OrderCourt Filing
    STIPULATION for dismissal with prejudice and ORDER by Judge Helen Gillmor : terminating case - pursuant to Rule 41(a)(1)(ii) FRCP, each party to bear its own costs (fe)
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      Blank 28 Filed: 3/28/2003, Entered: 3/31/2003 Stipulation and OrderCourt Filing
      STIPULATION for judgment as to just compensation and ORDER by Judge Helen Gillmor : the sum of $152,500, inclusive of interest - on behalf of USA (fe)
        LREF
        Blank 27 Filed: 2/27/2003, Entered: 2/28/2003 Service by Publication
        Certification by plaintiff's counsel of SERVICE by publication upon defendant Unknown Owners on February 6, 13, and 20, 2003, published in the Maui News; exhibit a; certificate of service (fe)
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          Blank 26 Filed: 2/14/2003, Entered: 2/18/2003 Minutes-MiscellaneousCourt Filing
          EO :Counsel have worked out a Settlement in this action. The following Dates have been vacated-Final PreTrial Conference Dates of March 06, 2003, March 28, 2003 and Trial Date of April 08, 2003. Status Conference regarding the Stipulation for Dismissal set for April 28, 2003 @9:00 a.m. before Judge Kurren. cc: All Counsel of Record by Fax status conference set for 9:00 4/28/03 before Mag Judge Barry M. Kurren ( Ct Rptr : ) JUDGE Mag Judge Barry M. Kurren (fe)
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            Blank 25 Filed: 2/11/2003, Entered: 2/12/2003 Minutes-MiscellaneousCourt Filing
            EO :Final Pretrial Conferenceset for 02/25/2003 continued to 03/06/2003 09:00 AM before Judge Kurren. cc: All Counsel of Record final pretrial conference set for 9:00 3/6/03 before Mag Judge Barry M. Kurren ( Ct Rptr : ) JUDGE Mag Judge Barry M. Kurren (fe)
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              Blank 24 Filed: 1/29/2003, Entered: 1/29/2003 Service by Publication
              Certification of counsel re: service of Unknown Owners of condemned property; certificate of service - pltf will complete SERVICE by publication upon defendant Unknown Owners (fe)
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                Blank 23 Filed: 1/7/2003, Entered: 1/7/2003 Certificate Of Service.
                CERTIFICATE of service by defendant William Michael Elliott (eps)
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                  Blank 22 Filed: 1/7/2003, Entered: 1/7/2003 Witness List
                  Expert WITNESS disclosure submitted by defendant William Michael Elliott; certificate of service (gab)
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                    Blank 21 Filed: 11/26/2002, Entered: 11/26/2002 Stipulation and OrderCourt Filing
                    STIPULATION to extend deadlines for filing expert witness disclosures and ORDER by Mag Judge Barry M. Kurren : extending from 11/21/02 to 12/5/02for pltf; from 12/23/02 to 1/8/03 for defts (fe)
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                      Blank 20 Filed: 11/13/2002, Entered: 11/15/2002 Answer
                      First amended ANSWER by defendant William Michael Elliott to complaint [1-1]; certificate of service (fe)
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                        Blank 19 Filed: 11/12/2002, Entered: 11/12/2002 Stipulation and OrderCourt Filing
                        STIPULATION to extend deadlines for filing expert witness disclosures and to amend answer ; exhibit a; order by Judge Helen Gillmor (bbb)
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                          Blank 18 Filed: 10/15/2002, Entered: 10/15/2002 Certificate Of Service.
                          CERTIFICATE of service by defendant William Michael Elliott (fe)
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                            Blank 17 Filed: 10/11/2002, Entered: 10/11/2002 Miscellaneous DocumentCourt Filing
                            Notice of withdrawal and substitution of counsel for defendant William Michael Elliott and Order by Mag Judge Barry M. Kurren - ATTORNEY SUBSTITUTION: terminating attorney Sanford J. Langa and attorney Lloyd A. Poelman for William Michael Elliott and substituting attorney Philip J. Leas, Allison M. Mizuo (fe)
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                              Blank 16 Filed: 9/5/2002, Entered: 9/10/2002 Minutes-MiscellaneousCourt Filing
                              EP :Settlement Conference held. No settlement at this time. Further conference on call. settlement conference held 9/5/02 before Mag Judge Barry M. Kurren ( Ct Rptr : No Record) JUDGE Mag Judge Barry M. Kurren (fe)
                                LREF
                                Blank 15 Filed: 7/11/2002, Entered: 7/12/2002 Minutes-MiscellaneousCourt Filing
                                EO :Settlement Conference set for 09/05/2002 at 10 a.m. is moved to 9 a.m. before Judge Barry Kurren. settlement conference set for 9:00 9/5/02 before Mag Judge Barry M. Kurren ( Ct Rptr : ) JUDGE Mag Judge Barry M. Kurren (fe)
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                                  Blank 14 Filed: 6/20/2002, Entered: 6/25/2002 Scheduling OrderCourt Filing
                                  Rule 16 SCHEDULING ORDER Mag Judge Barry M. Kurren (cc: all counsel) (fe)
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                                    Blank 13 Filed: 6/17/2002, Entered: 6/18/2002 Minutes-MiscellaneousCourt Filing
                                    EP : Rule 16 Scheduling Conference held. Court to prepare order. 1. Jury trial on April 8, 2003 at 9:00 a.m. before HG 2. Final Pretrial Conference on February 25, 2003 at 9:00 a.m. before BMK 3. Final Pretrial Conference before District Judge Helen Gillmor on March 28, 2003 at 8:30a.m. 4. Final Pretrial Statement by February 18, 2003 5. File motions to Join/Add Parties/Amend Pleadings by September 6, 2002 6. File other Non-Dispositive Motions by January 8, 2003 7. File Dispositive Motions by November 6, 2002 8a. File Motions in Limine by March 18, 2003 8b. File opposition memo to a Motion in Limine by March 25, 2003 11a. Plaintiff's Expert Witness Disclosures by October 7, 2002 11b. Defendant's Expert Witness Disclosures by November 6, 2002 12. Discovery deadline February 7, 2003 13. Settlement Conference set for September 5, 2002 at 10:00 a.m. before BMK 14. Settlement Conference statements by August 29, 2002 20. Submit Voir Dire Questions, Special Verdict Form, Concise Statement of Case and Jury Instructions by March 25, 2003 21. File Final witness list by March 18, 2003 24. Exchange Exhibit and Demonstrative aids by March 11, 2003 25. Stipulations re: Authenticity/Admissibility of Proposed Exhibits by March 18, 2003 26. File objections to the Exhibits by March 25, 2003 28a. File Deposition Excerpt Designations by March 18, 2003 28b. File Deposition Counter Designations and Objections by March 25, 2003 29. File Trial Brief by March 25, 2003 rule 16 conference held on 3:00 6/6/02 before Mag Judge Barry M. Kurren , ; Jury Trial set for 9:00 4/8/03 ; Pretrial conference set for 8:30 3/28/03 before Judge Gillmor , ; final pretrial conference set for 9:00 2/25/03 ; Discovery ddl set for 2/7/03 ; Motion filing ddl set for 11/6/02 ; settlement/status conference set for 10:00 9/5/02 before Mag Judge Barry M. Kurren ( Ct Rptr : No Record) JUDGE Mag Judge Barry M. Kurren (fe)
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                                      Blank 12 Filed: 5/30/2002, Entered: 6/3/2002 Minutes-MiscellaneousCourt Filing
                                      EO :Continued : [Settlement Conference and Rule 16 Scheduling Conference] from 06/06/2002 03:00:00 PM to 06/17/2002 11:00:00 AM, BMK. Notified: Thomas Helper, Sanford Langa settlement conference set for 11:00 6/17/02 before Mag Judge Barry M. Kurren ( Ct Rptr : ) JUDGE Mag Judge Barry M. Kurren (fe)
                                        LREF
                                        Blank 11 Filed: 4/4/2002, Entered: 4/5/2002 Minutes-MiscellaneousCourt Filing
                                        EO :Continued : [Settlement Conference and Rule 16 Scheduling Conference] from 04/10/2002 11:00:00 AM to 06/06/2002 03:00:00 PM, BMK; Helper to notify parties ( Ct Rptr : ) JUDGE Mag Judge Barry M. Kurren (fe)
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                                          Blank 10 Filed: 1/7/2002, Entered: 1/8/2002 Minutes-MiscellaneousCourt Filing
                                          EP : rule 16 conference held , settlement conference/ rule 16 conference set for 11:00 4/10/02 before Mag Judge Barry M. Kurren ( Ct Rptr : No Record) JUDGE Mag Judge Barry M. Kurren (fe)
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                                            Blank 9 Filed: 1/4/2002, Entered: 1/4/2002 Scheduling Conference Statement
                                            SCHEDULING CONFERENCE STATEMENT by defendant William Michael Elliott; certificate of service (fe)
                                              LREF
                                              Blank 8 Filed: 12/31/2001, Entered: 1/2/2002 Scheduling Conference Statement
                                              SCHEDULING CONFERENCE STATEMENT by plaintiff United States of Ame; certificate of service (fe)
                                                LREF
                                                Blank 7 Filed: 7/18/2001, Entered: 7/19/2001 Answer
                                                ANSWER by defendant William Michael Elliott to [1-1]; certificate of service (fe)
                                                  LREF
                                                  Blank 6 Filed: 7/16/2001, Entered: 7/16/2001 Answer
                                                  ANSWER by defendant County of Maui to complaint in condemnation filed on 6/20/01 [1-1]; certificate of service (fe)
                                                    LREF
                                                    Blank 5 Filed: 6/29/2001, Entered: 7/2/2001 Acknowledgment of Service
                                                    ACKNOWLEDGEMENT OF SERVICE on 6/26/01 upon Director of Finance, County of Maui, 1580 Kaahumanu Ave, Wailuku, HI 96793 (fe)
                                                      LREF
                                                      Blank 4 Filed: 6/26/2001, Entered: 6/27/2001 Acknowledgment of Service
                                                      ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE by defendant on 6/22/01 through William Paty, Director, Dept of Land and Natural Resources by first-class mail at 1151 Punchbowl St., Hono, HI (fe)
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                                                        Sealed Legal Document 3 Filed: 6/21/2001, Entered: 6/22/2001 ~Notice (other)
                                                        NOTICE by plaintiff of complaint in condemnation; schedules "a", "b", and "c" (sealed)
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                                                          Sealed Legal Document 2 Filed: 6/20/2001, Entered: 6/22/2001 OrderCourt Filing
                                                          ORDER by Judge David A. Ezra rule 16 conference set for 9:00 1/7/02 before Mag Judge Leslie E. Kobayashi (sealed)
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                                                            Sealed Legal Document 1 Filed: 6/20/2001, Entered: 6/22/2001 Complaint
                                                            COMPLAINT in condemnation; schedules "a" and "b"; summons (Summons(es) issued) (sealed)
                                                              LREF

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