Upland Partners, et al v. Emery
Federal Civil Lawsuit Hawaii District Court, Case No. 1:04-cv-00467-SOM-LEK
District Judge SUSAN OKI MOLLWAY, presiding

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No Logo Barbara Sumida, Trustee

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
Space Robert K. Matsumoto +5857 585 585 7244 rkmbengoshi@hawaii.rr.com
Office of the United States Trustee Office of the United States Trustee, Trustee
Officially listed as "Office of the U.S. Trustee"

Represented by United States Department of Justice

No Logo P.F. Three Partners, Appellant

Toggle Switch Represented by Rosenberg & McKay

Name Phone Fax E-Mail
Space David C Farmer +1 808 222 3133 +1 866 559 2922 farmerd001@hawaii.rr.com
No Logo Richard Emery, Appellee

Toggle Switch Represented by Kessner Umebayashi Bain & Matsunaga

Name Phone Fax E-Mail
Space Steven Guttman +1 808 536 1900 +5297 529 529 7177 kdubm_bk@kdubm.com

Toggle Switch Represented by Lyle S. Hosoda & Associates, LLC

Name Phone Fax E-Mail
Space Raina P.B. Gushiken rpbg@hosodalaw.com
Space Lyle S. Hosoda lsh@hosodalaw.com
No Logo Upland Partners, Debtor

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
Space Timothy I. MacMaster +5318 531 531 8080 +5314 531 531 4044
Office Hawaii
Filed 7/29/2004
Jury Demand None
Demand $0
Nature of Suit 422 - Bankruptcy Appeals, Rule 28 U.S.C. ยง 158
Cause Section 28 U.S.C. § 0158 Notice of Appeal re Bankruptcy Matter (BAP)
Jurisdiction Federal Question
Disposition Judgment - Other
County Honolulu
Terminated 1/18/2005
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Cases 05-15444[], BK97-03746[USBC HI]
Def Custody Status
Flag TERMED
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Legal Document 26 Filed: 1/24/2007, Entered: 1/25/2007 Appeal Record Returned
Appeal Record Returned: 4 volumes (emt, )
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    Blank -- Filed: 1/23/2007, Entered: 1/23/2007 Court's Certificate of Service
    COURT'S CERTIFICATE of Service - a copy of [25] JUDGMENT of USCA RE: Appeal No. 05-15444. has been served by First Class Mail to the addresses of record on January 23, 2007. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (emt, )
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      Legal Document 25 Filed: 1/19/2007, Entered: 1/23/2007 USCA Order
      JUDGMENT of USCA RE: Appeal No. 05-15444. The judgment of the District Court is AFFIRMED. (Attachments: # (1) Memorandum # (2) service list# (3) Transmittal from Ninth Circuit Court of Appeals)(emt, )
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      Legal Document 24 Filed: 9/28/2006, Entered: 9/29/2006 Correspondence
      Record Transmittal to 9CCA - CA 05-15444 (gab, )
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        Blank -- Filed: 3/31/2005, Entered: 4/1/2005 Appeal - Miscellaneous
        NOTIFICATION by Circuit Court of Appellate Docket Number 05-15444 [CA #05-15444] (bbb) Modified on 04/01/2005
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          Blank 23 Filed: 3/14/2005, Entered: 3/16/2005 Miscellaneous Document
          Appellee Richard Emery's DESIGNATION of further items for record on appeal regarding order affirming Bankruptcy Court's amended order...denying in part P.F. Three Partners' motion for reconsideration of findings of fact and conclusions of law regarding objections to claim nos. 52, 53 and 55 (June 15, 2004); order affirming Bankruptcy Court's order denying P.F. Three Partners' application for allowance nunc pro tunc and for payment of administrative expenses (June 23, 2004); certificate of service (bbb)
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            Blank 22 Filed: 3/2/2005, Entered: 3/3/2005 Designation of Record on Appeal
            STATEMENT of issues to be presented on appeal; certificate of service [19-1] by appelant P.F. Three Partners, a Hawaii limited partnership (bbb)
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              Blank 21 Filed: 3/2/2005, Entered: 3/3/2005 Designation of Record on Appeal
              Appellant P.F. Three Partners, a Hawaii limited partnership's position re TRANSCRIPT; certificate of service [19-1] (bbb)
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                Blank 20 Filed: 3/2/2005, Entered: 3/3/2005 Designation of Record on Appeal
                DESIGNATION of record to be certified; certificate of service [19-1] by P.F. Three Partners, a Hawaii limited partnership (bbb)
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                  Blank 19 Filed: 2/17/2005, Entered: 2/17/2005, Terminated: 1/19/2007 Appeal - Miscellaneous
                  NOTICE OF APPEAL to the United States Court of Appeals for the Ninth Circuit; United States Court of Appeals for the Ninth Circuit Civil Appeals Docketing Statement; certificate of service by appellant P.F. Three Partners from Dist. Court decision [18-2] (bbb)
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                    Blank -- Filed: 2/17/2005, Entered: 2/17/2005 Filing Fee Received
                    FILING FEE PAID in the amount of $ 255.00, receipt # 227912 (bbb)
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                      Blank 18 Filed: 1/18/2005, Entered: 1/18/2005 Judgment*Court Filing
                      JUDGMENT: IT IS ORDERED AND ADJUDGED that the Judgment of the United States Bankruptcy Court is AFFIRMED, pursuant to the "Order Affirming Bankruptcy Court's Amended Order...Denying in Part P.F. Three Partners' Motion for Reconsideration of Findings of Fact and Conclusions of Law Regarding Objections to Claim Nos. 52, 53, and 55 (June 15, 2004); Order Affirming Bankruptcy Court's Order Denying P. F. Three Partners' Application for Allowance Nunc Pro Tunc and for Payment of Administrative Expenses (June 23, 2004)" issued by District Judge Susan O. Mollway on January 10, 2005. by Judge Susan O. Mollway re [17-1] terminating case (cc: all counsel) (bbb)
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                        Blank 17 Filed: 1/10/2005, Entered: 1/13/2005, Terminated: 1/18/2005 OrderCourt Filing
                        ORDER affirming Bankruptcy Court's amended order...denying in part P.f. Three Partners' motion for reconsideration of Findings of Fact and Conclusions of Law regarding objections to claim nos. 52, 53, and 55 (June 15, 2004); order affirming Bankruptcy Court's order denying P.F. Three Partners' application for allowance nunc pro tunc and for payment of administrative expenses (June 23, 2004) by Judge Susan O. Mollway re [16-2] (cc: all counsel) (bbb)
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                          Blank 16 Filed: 1/10/2005, Entered: 1/13/2005 Minutes-MiscellaneousCourt Filing
                          EP: Hearing on Bankruptcy Appeal - Arguments. Court affirms Judge Faris and will issue a written order this week. ( Ct Rptr : Stephen Platt) JUDGE Judge Susan O. Mollway (bbb)
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                            Blank 15 Filed: 10/12/2004, Entered: 10/12/2004, Terminated: 1/19/2007 Appellants Reply Brief
                            appellant P.F. Three Partners' REPLY BRIEF on appeal from (1) amended order granting in part and denying in part P.F. Three Partners' motion for reconsideration of findings of fact and conclusions of law regarding objections to claim nos. 52, 53 and 55, entered on June 15, 2004; and (2) order denying P.F. Three Partners' application for allowance nunc pro tunc and for payment of administrative expenses, entered on June 24, 2004; certificate of service (bbb)
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                              Blank 14 Filed: 9/29/2004, Entered: 10/1/2004 Miscellaneous Document
                              APPENDIX to appellee trustee Richard Emery's answering brief [13-1]; certificate of service filed by appellee Richard Emery (bbb)
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                                Blank 13 Filed: 9/29/2004, Entered: 10/1/2004 Appellees Brief
                                APPELLEE trustee Richard Emery's answering brief; certificate of service (bbb)
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                                  Blank 12 Filed: 9/14/2004, Entered: 9/14/2004 Miscellaneous Document
                                  APPENDIX (Volume II) to P.F. Three Partners' Opening Brief on Appeal from (1) Amended Order . . . Denying in Part P.F. Three Partners' Motion for Reconsideration of Findings of Fact and Conclusions of Law Regarding Objections to Claim Nos. 52, 53, and 55, Entered on June 15, 2004; and (2) Order Denying P.F. Three partners' Application for Allowance Nunc Pro Tunc and for Payment of Administrative Expenses, entered on June 24, 2004 filed by appellant P.F. Three Partners re [11-1], re [10-1] (gs)
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                                    Blank 11 Filed: 9/14/2004, Entered: 9/14/2004, Terminated: 9/14/2004 Miscellaneous Document
                                    APPENDIX (Volume I) to P.F. Three Partners' Opending Brief on Appeal from (1) Amended Order . . . Denying In Part P.F. Three Partners' Motion for Reconsideration of Findings of Fact and Conclusions of Law Regarding Objections to Claim Nos. 52, 53, and 55, entered on June 15, 2004; and (2) Order Denying P.F. Three Partners' Application for Allowance Nunc Pro Tunc and for payment of Administrative Expenses, entered on June 24, 2004 filed by appellant P.F. Three Partners re [10-1] (gs)
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                                      Blank 10 Filed: 9/14/2004, Entered: 9/14/2004, Terminated: 9/14/2004 Miscellaneous Document
                                      P.F. Three Partners' Opening BRIEF on Appeal from (1) Amended Order . . . Denying In Part P.F. Three Partners' Motion for Reconsideration of Findings of Fact and Conclusions of Law Regarding Objections to Claim Nos. 52, 53, and 55, Entered on June 15, 2004; and (2) Order Denying P.F. Three Partners' Application for Allowance Nunc Pro Tunc and for Payment of Administrative Expenses, entered on June 24, 2004; Certificate of Service [0-1], [1-1] (gs)
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                                        Blank -- Filed: 9/7/2004, Entered: 9/7/2004 Notice of Filing Bankruptcy
                                        Rule 8009 letter (re: briefing schedule) mailed (cc: all counsel, DJ and Bankruptcy Clerk's Ofc.) (bbb)
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                                          Blank 8 Filed: 9/1/2004, Entered: 9/3/2004 OrderCourt Filing
                                          ORDER granting motion for enlargement of time to file opening brief [7-1]; certificate of service by appellant P.F. Three Partners by Mag Judge Leslie E. Kobayash (bbb)
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                                            Blank 9 Filed: 8/30/2004, Entered: 9/7/2004 Transmittal of Documents
                                            TRANSMITTAL of documents - received from Bankruptcy Court notice of appeal, amended notice of appeal, appealed order, amended appealed order, designation of record and docket sheet (bbb)
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                                              Blank 7 Filed: 8/30/2004, Entered: 9/1/2004, Terminated: 9/1/2004 Motion for Miscellaneous ReliefCourt Filing
                                              SECOND MOTION by appellant P.F. Three Partners for enlargement of time to file opening brief ; certificate of service - referred to Mag Judge Leslie E. Kobayashi (bbb)
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                                                Blank 6 Filed: 8/23/2004, Entered: 8/23/2004 OrderCourt Filing
                                                EO: COURT ORDER: Appellant P.F. Three Partners' ("Appellant") Motion for Enlargement of Time to File Opening Brief was filed on August 10, 2004 ("Motion"). No opposition to the Motion has been received, to date. The court finds that the request for extension of time is reasonable and justified, and therefore GRANTS the Motion and ORDERS Appellant to file an opening brief no later than September 1, 2004. IT IS SO ORDERED. Cc: all counsel by Mag Judge Leslie E. Kobayashi [4-1] (bbb)
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                                                  Blank 5 Filed: 8/17/2004, Entered: 8/18/2004 Minutes-MiscellaneousCourt Filing
                                                  EO: Hearing on Bankrkuptcy Appeal is set for 01/10/2005 09:00:00 AM before SOM. The Status Conference set for 10/25/04 @ 9:00 a.m. LEK is taken off calendar. cc: Timothy MacMaster, David Farmer, Lyle Hosoda, Raina Mead, Steven Guttman, Robert Matsumoto and Judge Mollway's Chambers. [1-1] status conference taken off 8/17/04 by Judge Susan O. Mollway () JUDGE Judge Susan O. Mollway (bbb)
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                                                    Blank 4 Filed: 8/10/2004, Entered: 8/11/2004 Motion for Miscellaneous ReliefCourt Filing
                                                    MOTION by appellant P.F. Three Partners for Enlargement of Time to File Opening Brief ; Declaration of David C. Farmer; Certificate of Service before Mag Judge Leslie E. Kobayashi (gs)
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                                                      Blank 3 Filed: 7/29/2004, Entered: 8/5/2004 OrderCourt Filing
                                                      Notice setting status conference by Judge David A. Ezra ; settlement/status conference set for 9:00 10/25/04 before Mag Judge Leslie Kobayashi (cc: all counsel) (bbb)
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                                                        Blank 2 Filed: 7/29/2004, Entered: 8/5/2004 Miscellaneous Document
                                                        Appellee Trustee Richard Emery's ELECTION to have appeal heard by the U.S. District Court for the District of Hawaii (filed 9CCA BAP 07/12/2004) (bbb)
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                                                          Blank 1 Filed: 7/29/2004, Entered: 8/3/2004 Notice of Filing BankruptcyCourt Filing
                                                          NOTICE OF TRANSFER OF APPEAL TO DISTRICT COURT - received from teh Bankruptcy Appellate Panel copies of documents and correspondence including the following: (1) notice of appeal filed by Mr. David C. Farmer on behalf of P.F. Three Partners; (2) amended order granting in part and denying in part P.F. Three Partners' motion for reconsideration of findings of fact and conclusions of law regarding objections to claim nos. 52, 53 and 55 by US BK Judge Robert J. Faris; (3) order denying P.F. Three Partners' application for allowance nunc pro tunc and for payment of administrative expenses by Lyle S. Hosoda on behalf of Richard Emery, Trustee; (4) correspondence from Bankruptcy regarding amended notice of appeal; (5) amended notice of appeal from orders entered June 15, 2004 and June 24, 2004; exhibits a and b by David C. Farmer on behalf of P.F. Three Partners; and (6) docket sheet (bbb)
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