Kane et al v. PaCap Aviation Finance, LLC et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
ELIZABETH KANE, Bankruptcy
Trustee, et al.,
Plaintiffs,
vs.
PACAP AVIATION FINANCE, LLC, et
al.,
Defendants.
CIVIL NO. 19-00574 JAO-RT
ORDER ADOPTING
RECOMMENDATION TO
CONSOLIDATE
ORDER ADOPTING RECOMMENDATION TO CONSOLIDATE
On March 23, 2021, U.S. Bankruptcy Judge Robert J. Faris issued a
Recommendation to Consolidate. ECF No. 12-1. Judge Faris recommended that
this Court consolidate this case with Civil No. 20-00246 JMS-KJM because
“[b]oth cases arise out of the same set of acts and transactions; virtually the same
discovery is appropriate in both cases; and the evidence presented at trial in the
two cases will likely be identical.” Id. at 2–3. Although he noted that the parties
seek different remedies, he concluded that consolidation would reduce the risk of
an excessive or insufficient remedy and would promote efficiency. Id. at 3. Judge
Faris further recommended that the Court set a date for the consolidated trial,
Case 1:19-cv-00574-JAO-RT Document 16 Filed 04/07/21 Page 1 of 2
PageID.<pageID>

2
withdraw the reference 90 days before the trial date, and issue a new Rule 16
Scheduling Order with the dates agreed to by the parties. Id.
On March 24, 2021, the Court directed the parties to file any objections to
the Recommendation by April 6, 2021. There being no objections, the Court
ADOPTS Judge Faris’ Recommendation. This matter will remain with Judge Faris
for all other purposes until 90 days before trial.
IT IS SO ORDERED.
DATED: Honolulu, Hawai‘i, April 7, 2021.
CIVIL NO. 19-00574 JAO-RT; KANE V. PACAP AVIATION FINANCE, LLC; ORDER ADOPTING
RECOMMENDATION TO CONSOLIDATE
Case 1:19-cv-00574-JAO-RT Document 16 Filed 04/07/21 Page 2 of 2
PageID.<pageID>