Kane 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.
CIV. NO. 20-00246 JMS-KJM
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. 16-1. Judge Faris recommended that
this Court consolidate this case with Civil No. 19-00574 JAO-RT 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 PageID # 104. 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.
Judge Faris further recommended that the Court set a date for the consolidated
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trial, 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.
Civ. No. 20-00246 JMS-KJM, Kane v. Pacap Aviation Finance, LLC, Order Adopting
Recommendation To Consolidate
/s/ J. Michael Seabright
J. Michael Seabright
Chief United States District Judge
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