Auld-Susott, et al. v. Galindo, et al.

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
EVAN AULD-SUSOTT, AS
TRUSTEE FOR (1) IRREVOCABLE
LIFE INSURANCE TRUST OF JOHN
L. SUSOTT & KATHRYN C.
SUSOTT UAD 8/17/1988 AS
RESTATED, EXEMPT TRUST FBO
DANIEL C. SUSOTT, & (2)
IRREVOCABLE LIFE INSURANCE
TRUST OF JOHN L. SUSOTT &
KATHRYN C. SUSOTT UAD
8/17/1988 AS RESTATED; AND
JOHN L. SUSOTT,
Plaintiffs,
vs.
LAURYN GALINDO, DANIEL C.
SUSOTT,
Defendants.
CIV. NO. 20-00270 LEK-RT
SUPPLEMENT TO FINDINGS
AND RECOMMENDATION TO
GRANT PLAINTIFFS’ MOTION
FOR TAXATION OF
ATTORNEYS’ FEES AND
AWARD PREJUDGMENT
INTEREST
SUPPLEMENT TO FINDINGS AND RECOMMENDATION TO
GRANT PLAINTIFF’S MOTION FOR TAXATION OF
ATTORNEYS’ FEES AND AWARD PREJUDGMENT INTEREST
On February 28, 2022, this Court issued its Findings and Recommendation
to Grant Plaintiffs’ Motion for Taxation of Attorneys’ Fees and Award
Prejudgment Interest (“F&R”) and directed Plaintiffs to submit a supplemental
filing showing their calculations of the prejudgment interest they requested. ECF
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No. 125. On March 7, 2022, Plaintiffs filed their Supplemental Memorandum in
Support of Plaintiffs’ Motion for Taxation of Attorneys’ Fees and Award of
Prejudgment Interest (“Supplemental”). ECF No.126. Plaintiffs provided as
exhibits to their Supplemental the real property tax assessments and appraisal of
the Subject Property.1 Plaintiffs also provided the numbers and calculations
showing how their proposed prejudgment interest was calculated.
Defendants were provided with the opportunity to respond to Plaintiffs’
Supplemental but the Court limited any response to two pages, double-spaced, and
expressly limited any argument to potential calculation errors in Plaintiffs’
Supplemental. ECF No. 125. Defendants did not submit a response to the
Supplemental, but on March 14, 2022, Defendants filed a Motion for
Reconsideration of this Court’s F&R (“Motion for Reconsideration”). In the
Motion for Reconsideration, Defendants state that they “have not seen any
calculation errors in plaintiffs’ supplemental filing filed on March 7, 2022.” ECF
No. 127-1 at PageID #: 1915. After a careful review of the Supplemental and
noting that Defendants do not object to Plaintiffs’ calculation of the prejudgment
interest, this Court RECOMMENDS that the district court GRANT prejudgment
interest in the amount of $122,472.43.
1 The Subject Property is the property located at 3880 Wyllie Road, Apartment 6A,
Princeville HI 96722, TMK (4) 5-4-005-018 CPR 0020 (“Subject Property”).
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IT IS SO FOUND AND RECOMMENDED.
DATED: Honolulu, Hawaii, April 29, 2022.
Rom A. Trader
United States Magistrate Judge
Civ. No. 20-00270 LEK-RT; Evan Auld-Susott, et al. vs. Lauryn Galindo, et al.;
Supplement to Findings and Recommendation to Grant Plaintiffs’ Motion for
Taxation of Attorneys’ Fees and Award Prejudgment Interest
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