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HomeMy WebLinkAboutCOM 0044.088 2020-2022 Tiffany Edwards Hunt HC2 Box 9643 Kea`au,HI 96749 newswoman(cbmac.com (808)938-8592 To: Hawai'i County Council members RE: Communication 44 Jan. 10, 2021 If y©u have integrity, nothing else matters.If you don't have integrity, nothing else matters. -Alan K. Simpson, U.S. Sen. (R-Wya.) 1979-97 At the last Planning Committee meeting, you heard testimonials from an assortment of _ people, mostly in opposition to the nomination of Zendo Kern. These people are from all walks of life and all areas of the island, with few commonalities other than they have ,c-D petitioned their government for redress; waving the same red flags about Zendo Kern, Those testifying in favor of the nomination, meanwhile, commonly have some sort of - economic gain from Zendo serving as the Planning Director. This includes my own child's school principal who weighed in on the nomination. while..H-7 it wasn't disclosed to this body, public records note that our charter school (through its = non-profit, Arts & Sciences Center)paid Kern & Associates to assist the school in applying for a special permit. The fact that that the school principal testified via Zoom and another official principal from an entirely charter school that hired Zendo submitted written testimony should give you pause for thought, honestly. The fact that Zendo has helped these charter schools pass through county loopholes should make you wonder. Believe me, I am a proponent of charter schools and I fully support all efforts for them to have safe and adequate facilities for our youth. Each charter school has its virtue and services a need to counter the one-size-fits-all approach to education; we need to accommodate these schools that do not have facilities funding. However, it bothers me greatly that any funds meant for our keiki have gone toward paying Zendo, or any other planning consultant for that matter, to speak on the school's behalf to the County of Hawaii. Hopefully you agree this kind of middleman business needs to stop_ If you go with Zendo for Planning director, you are essentially giving a nod to the kind of wheel greasing we the public truly abhor but know very well occurs regularly. I would think the mayor, who is trying to make it seem like he is trying reform the way business is conducted in the County of Hawaii, would choose someone other than the one holding the grease can. Comm. No. ��•�� 1 Ref.To: Ref. Date X 21 Amongst the nearly 70 written testimonials you have received, the same trend applies: the few in support will economically benefit from Zendo as the planning director. Included is Michael Fujimoto, of HPM. Unfortunately, Mr. Fujimoto overlooked his company's complaint file. I talow of written complaints filed with HPM, as a result of Zendo's one- time listing as a preferred contractor. You cannot ignore the fact that those who are coming forward to publicly testify against the nomination have unique and varying grievances against Zendo. I hope you looked through the written testimony. You won't find any form letters. You will find people from varying backgrounds, in Puna, in Hilo, in Honokaa, in Kohala, in Kona, in Volcano each one has their own Zendo story to tell. All those in opposition commonly describe someone they believe has questionable ethics and poor job performance. In my last round of written and verbal testimonies, I highlighted Zendo's lack of education and questioned how his shoddy resume could line up with the qualifications laid out in the Charter. Some of you arranged for the Human Resources director to weigh in on whether or not Zendo's resume lilies up with the Charter's verbiage. When Mr. Brilhante referenced the language of the charter as "confusing," but still maintained Zendo qualifies, I heard resounding alarm bells. If you want to somehow reconcile that in your minds, it's on you. What about the public records that effectively demonstrate Zendo's lack of financial responsibility in the course of his business dealings? In my last round of written and verbal testimonies, I pointed you to RCCA records 'indicating delinquency filings. Have you seen the Judiciary records? I'll sidestep the record of domestic disputes amounting to TRO filings during Zendo's Council term. But I cannot ignore the bankruptcy filing that occurred the same year he came aboard as a planning commissioner. For this nomination, for a job overseeing a $4 million budget in one of the worst economic times in the history of the County of Hawaii, the 2010 bankruptcy is germane to this discussion, particularly since it involves the business, Superior Development Group, that is supposed to be counting for Zendo's administrative experience. This is also the business that the mayor is pitching as Zendo's success in green building. If that doesn't make you wince, you cannot ignore written testimony from multiple former constituents of Council District 5 telling you he was a deadbeat councilman who was always in a hurry to end whatever meeting he chaired and get out of doing the public's business. The other week, before you postponed the Planning Committee discussion on his nomination, Zendo told you via Zoom that he worked from 5 a.m. to 10 p.m. every day, including weekends, as acting planning director,to be able to take his vacation. 2 i I honestly hope one iota of your thoughts was anywhere close to my thinking. Welcome to the next four years! That's what the Planning director position entails_ If he would have effectively served as a councilman, he would have known how offensive a comment like that can be to the tenacious ones that have strong work ethics. ! ! This Planning Director's job is not going to be the sort where you run out of the building at 4:30 p.m. This is a $132,000 per year job that is so crucial to our island, and is fourth in line to be mayor should disaster strike! The type of work required to effectively do this job requires long hours, incredible focus and commitment, a strong work ethic, technical expertise, and public confidence. Zendo does not pass muster for planning director. He does not have the education nor does he have the skills expressed in the charter. He hasn't demonstrated a willingness to gain more technical expertise either. As I mentioned, he cites one lousy planning conference in 2010. He missed continual opportunities for more conferences, workshops, and training through the American Planning Association and otherwise in the decade since his nomination to the'vVindward Planning Commission. This is NOT someone you can feel confident will be able to do all the necessary homework related to zoning, economic development, housing, transportation, GIS, data systems, environmental management, urban design, and cultural heritage. This is not someone with a commitment to ethics and credibility. This is an extremely poor choice. I urge you to provide the necessary checks and balances that the legislative branch of government requires, according to the Charter. Resist cronyism. Resist rubber-stamping the mayor's pick. Listen to the resounding public testimony against Zendo's nomination. Attachments:Judiciary records re:Nationstar Mortgage versus Zendo Kern (page 4 — docket attached in separate pdD; Central Pacific Bank versus Superior Development Croup (page 5— docket attached in separate pdf); TRO filings(pages 5-6); Tiffany Edwaards Hunt's correspondence j UIPA requests with the Kua O Ka La Goveming Board (page 6)and the HAAS Governing Board re:contractural work with Zendo Kern dba Kern& Assciates(page 7 Kem&Associates Withdrawal of Representation(page S); Letter to Michael Fujimoto of HPM(pages g-zo). 3 ...Search Crtena .. _.. -. _... _..__ 1-t-reo.xes roca,or) Search For Ak9 Person Business/Government Agency L ivi Name('): 'Kern Beginning Cane Filing Out.: -=J ..... Firet Nnme{`): Zendp ...... '.. Ending Carr Filing Datb: ;,.. Mitidr.Narita: Cax.Type.: :..... ',,. Chark los Pnon.4"Soarch: Ch-1,for P_artfal.Search; Search results for criteria:Last Name!Karl,First Name:Zendo Click the Party 10 of a Party Name to sae all the cases ase-laced with that Party ID. Click the Case ID to view Case Detalis. Party Name Case Case Type Filing Cate Nast Event Tart. Party ID Kern,Zendo 30-22 RA21-Stare e Zendo Karn Tragic Infraction 28rSEP-2020 Defendant P381A30 Karn,Zendo 'Hilkl;ft-.M3'Aiy-State v.Zeado Kam Thrifts 7nlui 2&OCT-2019 Defendant n@3865_30 Kern.Zendo +tAEL_i-9,13(j4?4Z.�5.:1-The Hiro Pro(acl v.County MHaxmll Appeal 09-APR-2014 Appellee tPI105'3 ,8 Kern,Zendo ;4.[y11,1 ]_0.?y3-State v.Zendo Kern Traffic Infraction OSAEB-2012 Defendant (dj S3+7 s.C;C.1110100598-NATIONSTAR MORTGAGE LLC'VS ZENOO KERN KERN.ZENDO ETAL*- Circuit Court Civil 21-DEC-2011 Defendant [ray{;i ]_:G'I11[)tZ25&-BRIDGETRAPOZA ETAL VS COH WINDWRO KERN.ZENDO PLANN COMM ETAL Crcull Coen Civil 06-JUL-2011 Appellee ri3318TtJ KERN.ZENDO jl'L'p�1 t00C1't8v-CENTRAL PACIFIC BANK VS SUPERIOR DEV GRP Crcuii Court Civil 27-DCT-2009 Defendant [r+)4,3t[t'T 5 G ETAL Kern,Zero. _sOTbOa-010748-State v.Zendo Kam Traffic Infraction 16-NOV-2006 Defendant §;fhabM00 Search results for criteria:Case ID or Citation Number:3CC111000598 1,M1?E,�.-iyitr T� F q 1H Summery Case Drscriap+tthro Case ID:3CC111000598-NATIONSTAR MORTGAGE LLC VS ZENDO KERN Filing Data:WEDNESDAY,DECEMBER 21,201,1 ETAL Court:THIRD CIRCUIT Type:CV-Clo dd Court Civil Location!NORTH AND SOUTH HILO DIVISION Status:TERMINATED-Terminated Case Last Updated:26-Deo-2014 Related Case No related Cases were found Case Parties Sal e Assoc End Data Type IN Name lAular e Wong,Michael G.K. Prattler,Charles Ryan Plaintiff {u"?3761,U2,2 NATIONSTAR MORTGAGE LLC Keegan,Peter Kevin demon,Steven Keiji BANK OF AMERICA NA 2 Plaintiff (-043),6723 SUCCESSOR BY MERGER TO SAC HOME LOANS SERVICING LP, FKA COUNTRYWIDE HOME LOANS SERVICING LP. 3 Defendant @;ye IfZj KERN,ZENDO 4 Defendant O44379923 CENTRAL PACIFIC BANK 5 Defendant @43299/4 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC 6 NATIONSTAR MORTGAGE LLC Attorney t 7ZQ4 Wong,Michael G,K. 7 NATIONSTAR MORTGAGE LLC Attorney A7664 Prather,Charles Ryan I NATIONSTAR MORTGAGE LLC Attorney A4¢e Keegan,Peter Kevin 5 NATIONSTAR MORTGAGE LLC Attorney A9fl13 Idemoto,Steven Keiji 10 Other 031:110. Third Circuit Court 2nd Division Bail I Bond Information No bar'has been created for this case- '" 3 I S 3 i Search results for criteria:Case ID or Citation Number:3CC091000365 Gttnvrnaey { t d Case DeserttP lon I Case ID:300091000385-CENTRAL PACIFIC BANK VS SUPERIOR DEV GRP Filing Date:TUESDAY,OCTOBER 27,2005 LLC ET,L Court:THIRD CIRCUIT Type:CV-Circuit Court Civil Location:NORTH AND SOUTH HILO DIVISION :3 Status:TERMINATED-Terminated Case Last Updated:23-Aug-2010 Related Case No retateat cases were Lound §ase Parties Seq!# Assoc. End Date 'Type ID Name IAnases I Yamada.Keith Y Plaintiffd+432 3163CENTRAL PACIFIC BANK Nagata,Ted-ann Emiko Shiroma ------ 2 Defendant SUPERIOR DEVELOPMENT GROUP LLC 3 DaPantlam 041318335 KERN,ZENDO 4 CENTRAL PACIFIC BANK Attorney AA044 Yamada,Keith Y. 5 CENTRAL PACIFIC BANK Attorney 8H&P Nagata,Teri-ann Emiko Shiroma 6 Other DK02 Third Circuit Court 2nd Division Ball 1 Bond information No ball has been created for this case. :; 6' P o r t ,.'a a � $.:-• a � � v Non-Criminal Case Information I rant View Il:sur EF:_rr7r Cane ID 30At3100017A Case Tine, ZENUO KERN VS KU INEI BUTLER KERN Initi.o.e Type n! Inlliation pate 031122/2013 Initlatorl.D. APS Confidential Gotle N Division 3F01 Court F Case Info _..-..�... ...,..,nnx-�.x. ,,. au s.x...A. n .tawr„� �.�.....3 Cause 6f Aetknt TRO N t 1,of Ad— 33000 C.—Ii0tion Coda 'Lial'rype Tnal.ludgc Section Cods Cann Costs 0 L­o,Couit Case Case D spasition Case Tenninelinn Cas.TermDate 031221203 0119,Agency PUNA Fax Dist, tax Appeal Source Get,.Ex.'rax Amt. 000 Gan.Ex.lox Na. Tux Key Property t.—turn Comments J re I Non-Criminal Case Information d�Z� rh.w+, t Ilio VIII IIS, I'r,Iry"'``'` �� IIIIIIIIIIIJII y F�iiVik+�". l.ese lD 3On1J1000';t4 Case Trlle KUfJ.EI NEVita AFJO 68OM 19%kNf?O tCftal IFlllla[ien Type f{ Initiation Daly 0/105/1011 Io4f,l,I . A,$ (>> 'fenlFel Cann N Dlvl.:ton It 01 roan V= _.CUSRIb(o _. } dOF°SDR Y U-11011.. ..,� f, &M, a Canso of Action Tfyo N-1a of Mtlon 33000 C Ildatlon Codo Tnal Type Trial Jun9e Section Cone Court Coats 0 Lower Coln C.s. so Dlspoi lion Cabe on,"naton Cass TermDaly 0314&X913 Oriy_�ge y lV'a MII.O Tec Disc Taz Appealfinurcero" II n.=x tax Pmt. 0'011 Gen,Ex,Tar.No. Tax Key F npehy I oaatian lo V's I�I F}4� , ��y 1, �•5 Y � I M�I�%��r3� To the Kua 0 Ka L5 Govarning Board: Under the Hawaii Open Records Law 5 91-1,t and,,I am requesting an opportunity to inspaot or ohtain unpins of public records that pertain to your contract with Zendo Kern DBA Zendo Kern K Associates.I me nuking the terms of the contract and how much,..paid to Zendo Kern for his work with Kos 0 Ke L5 slated to its Nani Mau location or any other projects that involved payment of services to Zendo Karn.I woodalso like to know the source of the funds paid to Zendo Kern,specifically whether ar not he.were per-pupll funds. If there are any fees for searching or copying these records,please inform oro.However,I would also like to request a waiver of all fees in that the diselosuro of the requested information is in the public interest and will cantributo significantly to the public's understanding of Zendo Kern and his planning consultant work.As you knew,the mayor has nominated him to s-kron as planning director.The Kua O Ka La development directorand school founder has publicly expressed her support for the nomination with written testimony on the s'chool's letterhead.Details of the work that Undo Kern has done for the school and the amount the school has paid for him to complete those saryices needs 1.be put on the public.cord- The Hawaii Open Raeords Law requires a response time within ten business days.If access to the records I am requesting will take longer than tan days,please contact me with information about when I might expect copies or the ability to lespact the.qu-,.d records, If you deny any or all of this request,please cite each specific exemption you feel)uatHles the rof...I to rola...the information and notify me of the appeal procedures available to on,under the l.w. Thank you for canalderinq my r.q...1. Sincerely, Tiffany Edward,Hunt (808)9313-13592 olt,r'3 Yrorro«n3:yhe.per het:-'St',r„vcra_ou+n,,,to lesrn mare) Dr,tan%,2C,'1 e[?:D9 pM.Tillanp I,O—rca I i,ml rn P.w—n—Inme.roM,-VC .ua 0 ra Ln Gr1r,niny Board, I'm tintt to i Sat, Jan 9, Tiffany Edwards Hunt <tiffanyedwardshunt@gmail.com> 2021 at 10:19 AM To: abartholomew@haaspcs.net, atucker@haaspcs.net, cdodge@haaspcs.net, cgreenlaw@haaspcs.net, cramey@haaspcs.net, dkerr@haaspcs.net, "info@spcsc.hawaii.gov" <info@spcsc.hawaii.gov>, jraznov@haaspcs.net, Irasgado@haaspcs.net, michael.dodge@haaspcs.net, "oip@hawaii.goV' <oip@hawaii.gov>, pweisenbauer@haaspcs.net, shirakami@haaspcs.net, sschaefle@haaspcs.net i Tiffany Edwards Hunt POB 453 Pahoa, HI. 96778 (808)938-8592 tiffaqyg Jan. 9, 2021 To the HAAS Governing Board: Under the Hawaii Open Records Law § 91-1 et seq., I am requesting an opportunity to inspect or obtain copies of public records that pertain to your contract(s) with Zendo Kern DBA Zendo Kern & Associates. I am seeking the terms of the contract(s) and how much was paid to Zendo Kern for his work with HAAS related to its special permit on the Orchidland project or any other projects that involved payment of services to Zendo Kern. I would also like to know the source of the funds paid to Zendo Kern, specifically whether or not those were per- pupil funds. If there are any fees for searching or copying these records, please inform me. However, I would also like to request a waiver of all fees in that the disclosure of the requested information is in the public interest and will contribute significantly to the public's understanding of Zendo Kern and his planning consultant work. As you know, the mayor has nominated him to serve as planning director. The HAAS principal has publicly expressed his support for the nomination. Details of the work that Zendo Kern has done for the school with regard to the special permit making its way through the Planning Department needs to be put on the public record. The Hawaii Open Records Law requires a response time within ten 7 business days. If access to the records I am requesting will take longer than ten days, please contact me with information about when I might expect copies or the ability to inspect the requested records. If you deny any or all of this request, please cite each specific exemption you feel justifies the refusal to release the information and notify me of the appeal procedures available to me under the law. Thank you for considering my request. Sincerely, Tiffany Edwards Hunt (808)938-8592 [Quotcd te'd hidden-1 194 WiNvoole St.Flito,HI 90720 IN' KERN -3.1 9J (S08)333 &lV�SOC'JA'I"ES December 1,2020 DEG ACOVED �'M�r'v N "Aftle Mi% iMichael We, Director PtAgtflaif Planning, Department °}'PT' COUNTY 01, HAWAII tot I'miabi Streit Hilo,111 96720 D) "'n Mv,Yee: sul-'I'lect: Withdrawal of'Representation for Special Permit Application Applicant:Arts&Sciences Center Landowner: 130 HoldinLs LLC Orebidland E.states,Puna,Hawaii VVIK(3) 1-6-01f1.083 This letter is to Gormally withdraw any and my firm's representation of the subject application. F14'ective irnmedimely,neither myself nor Zendo,Kern Planning COMUItanl,dba Kern& Al s(wiates will he repi-cscrifing the landowners or this application any Geatae,er. The)ando wriers, will be tic priniary conract moving forward. Should the landowner's wish to contract with they will notify you in writing, t trust that everything is in of(ter for your,aveeptance and procc.""ing of'flits reqrrcst. lfnot'orif thrxe are qucstions rek.,iting to this riratfer,please feet free to direct them to me, Thank you very much- �T— ZENDO KERN 8 i ifDPU EJuilCJi[1g SUpply I Request for hifof-matiori l'-i❑rn i ,r=;-E 3 :C�ir To ww4dd��uWU10 LLH4k'14 StYf±=_r I-p Ti`I.inV. ;an.=,D„10 ,rte: ,I :rr ^,f `TAEulai lj ,srx,Y.bleb r „G:J. a,aicwi cne4 ,r110@,y it ha.;tr�Iar,orovidIII Me C_x^_:v.0 all ai.:,,nrt a t h rhea(.,m1h h z Onr;wmci,ifs and home planring sotu[i l i) pV;3r q':-,edrs A rP{.m FrNab.C- u- i, tlh you err I r1:iT(rev,Te,,n Iv(al`iaio tWNI RAI r m�)Supply C..,;It)-I 1E N IIAl. IT hC i 4GE,I-Is r,-n-s2;1 mf,8aoe.inclu 3 i i a^y ail r n ir.,-15,.Is ior o:e use,,, r,.rue-ded i"Cib*1II IN ano m , , !iIr,[,o I a, } ,ri,Its Ieo Any a a SuaYt3f1 firs..us s.SOC »q_Ci5f ii nr'C4t✓.Ilr rS t:r%r+itai r1 If yrlu 3r GI to ri n 1r,a i£.E pie i i 1,3ea::r_-Con ac the m­(. r nen r,,.,..e!y 1•r rep, rtul and cfc.a,., ., r7,nd7 mcs le and dh rr pias. ``yy r" 3+ Mr. Fujimoto: I read your testimonial of support for Zendo Kern's planning director nomination with interest,particularly when I have heard from Puna residents about the poor quality work that Zendo did for them. In fact, at least one of those residents complained to HPM due to the fact that you had him listed as a preferred contractor and you were the bonding agent for their home build. That case allegedly involved Zendo taking and paying money from various to cover the mistakes of another. The homeowner complained to you about Zendo doing this and also allegedly making such mistakes on the build like wonky foundation walls, no house footings, bootmarks on the concrete slab that had been intended to be a high-gloss finish... the list goes on...Apparently, Zendo listed the homeowner's complaints as a "change orders" and allegedly demanded more money to fix the issues. The homeowner sought out HPM for a remedy,since you were the bonding agent. As part of the mediation in that case, Zendo was supposed to fix a list of issues free of charge, including grading and cindering around the homeowner's house and, if Zendo completed that work,the homeowner could fire him and relinquish his right to a lawsuit. The homeowner maintains that even the grading and cindering job was poor quality! So, knowing all the details of this story in particular, and having heard other general complaints about Zendo, my questions to you are: 1. Why would HPM speak out in favor of Zendo becoming our next planning 9 director? 2. Prior to making the decision to speak publicly in favor of Zendo, did HPM look back at the complaints that have been received about Zendo when he was listed as a preferred contractor? 3. Exactly how many complaints has HPM received about Zendo? Surely, HPM, with its rich history and favorable reputation in our community,would want to speak out in favor of someone who doesn't have a complaint file in your company! I would greatly appreciate a response to my inquiry. I sincerely want to know how many complaints you have on file about Zendo, because I know that of at least one case, as I mentioned above. Please look into your own records and share accordingly. Also, FYI,your website doesn't provide any email contact information. I would urge you to rectify that, in order to improve your customer service. Mahalo. Sincerely, Tiffany Edwards Hunt (808) 938-8592 10 i PRINTABLE CASE VIEW Generated: 10-JAN-2021 03:14 PNI Search Criteria:Case ID or Citation Number:3CC111000598 1 record(s)total Case Ila:3CC111000598-NATIONSTAR MORTGAGE LLC VS ZENDO Filing Date:WEDNESDAY,DECEMBER 21,2011 KERN ETAL Court:THIRD CIRCUIT Z Tc:CV-Circuit Court Civil Location:NORTH AND SOUTH HILO DIVISION Status:TERM]NATED-Texrtinated Case Last_Up d.a ted:26-Dec,-2014 ----- Related Cases a No related cases svere found. Case Parties Se # Assoc End Date Tye ID Name/Aliases fl I Plaintiff 6z,1761022 N;1`I'IONS'1''AK itiIURTGACiE LLC Wong,Michael G.K. Prather,Charles Ryan Keegan,Peter Kevin Idemoto,Steven Keiji 2 Plaintiff tvil,4326723 BANK OF AMERICA NA SUCCESSOR BY MERGER TO BAC HONI LOAiVS SER VICING LP, PITA COUNTRYWIDE,]LOME LOANS SERVICING LI' 3 Defendant {i4329921 KERN.ZENDO 4 Defendant (2i,,43 29923 CENTRAL PACIFIC BANK s Defendant @4329924 MORTGAGE ELECTRONIC REGISTRATION SYSTLI4S INC 6 Attorney A7634 Wong,Michael G.K. NATIONSTAR MORTGAGE _ LLC Attorney A 1,664 Prather,Charles Ryan NATIONSTAR MORTGAGE LLC i Iof15 i See # Assoc End Date I ype ID Name t Aliases 8 Attorney A9428 Keegan,Peter Kevin NATIONs'rAR NI OR T6 A G E LLC 9 Attorney A9013 Idemoto,Steven Keiji NATION STAR MORTGAGE LLC to Other D3CO2 [Third Circuit Court 2nd Division Bail./Bond Information No Bails were found. Events Event Parties Date Time Room Location Judge Appearance Disposition Hearing on Motion 09/10/2014 08:00:00 Third Circuit,2nd NORTH AND Hara,Glenn S GRT-Granted Division SOUTH HILO DIVISION I lcarin,on Motion 09/10/2014 08:30:00 Third Circuit,2nd NORTH AND Hara,Glenti S GRT-Granted Division SOUTH HILO DIVISION Hearing on Motion 10/04/2013 08:30:00 'Hurd Circuit,2nd NORTH AND Hara,Glenn S CiRT-Granted Division SOUTH HILO DIVISION Hearing on Motion 10/04/2013 09:30:00 Third Circuit,2nd NORTH AND Hara,(,"]can S GRT-Granted Division SOUTH HILO DIVISION Hearing on Motion 05/15,,,'2013 08:35:00 Third Circuit,2nd NORTH AND Hara,Glenn S GRr-Granted Division SOUTH HILO DIVISION flearim,on Motion 05/15/20 13 08:35:00 Third Circuit,2nd NORTH AND Hare,Glenn S GRT-Granted Division sou'rH HILO IDIVISION Dockets Docket# Date Docket Document Name Parties Filint!Party I t2/21i2011 Document CIVIL INFORMATION SHEET Ail Case Parties Wong,Michael G.K. Converted --- DOCID:,Coninictits: 2 12,21 1201 1 Document COMPLAINT FOR FORECLOSURE; All Case Parties Wong,Michael G,K. Converted SUMMONS DOC ID:,Comments: 2 of 15 3 12!21/2011 Document NOTICE OF PENDENCY OF ACTION; All Case Parties Won,,Michacl G.K. Converted EXHIBIT"A" DOC ID:,Comments: 4 01,31/2012 Sevice-Return,'Ackiaowledgeurent RETURN AND ACKNOWLEDGMENT All Case Parties Prather,Charles Ryan Converted OF SERVICE DOC ID:RAS,Comments: (MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., SERVED THROUGH DA'SVN MCCALLISTER,BUSINESS AGENT, ON 01/19,'2012 WI'T`H COMPLAINT FORE FORECLOSURE, ETC.,BY)EFF PALMER,PRIVA"T"E PROCESS SERVER S 02?0112012 Service-Return/Acknowledgement RETURN AND ACKNOWLEDGMENT All Case Parties Prather,Charles Ryan Converted OF SERVICE DOC ID:RAS,Comments:(ZENDO KERN UNSERVED) 6 02-24/2012 Service-Return:`.Acknowtedgernetnt RETURN AND ACKNOWLEDGMENT Alt Case Parties Prather,Charles Ryan Converted OF SERVICE(CENTRAL PACIFIC DOC ID:RAS,Comments: BANK SERVED WITH:COMPLAINT SPECI.ALIST,BY PRIVA'T'E FOR FORECLOSURE,SUMMONS PROCESS SERVER GILBERT GO) AND NOTICE OF PENDENCY OF ACTION,ON 1;19112 THROUGH EI:L-EEN AVETINO, 06120,••2012 Service-Return:`Acknotiuledgement RETURN AND ACKNOWLEDGMENT All Case Parties Prather,Charles Rvan Converted OF SERVICE DOC ID:RAS,Comments:(ZENDO KERN SERVED ON 06;"19.-2012 WITH:COMPLAINT FOP FORECLOSURE,SUMMONS,ETC., BY BRANDON GONZA.LES, PRIVATE PROCESS SERVER 8 08127(2012 Document PLAINTIFF'S EX PARTE MOTION FOR All Case Parties Tellio,Andrew Radius Converted FIRST EXTENSION OFTtME TO FILE DOC ID:,Comments:PRETRIAL PRETRIAL STATEMENT; S'T'ATEMENT;CERTIFICATE OF DECLARATION OF COUNSEL;ORDER SERVICE GRANTING PLAINTIFF'S EX PARTE MOTION FOI2 FIRST EXTENSION OF TIME TO FILE 9 09,'07/2012 Document PLAINTIFF'S EX PARTE REQUEST TO All Case:Parties I'edio,Andrew Radius Converted CLERK FOR ENTRY OF DEFAULT DOC ID:,Comments:CERTIFICATE .AGAINST DEFENDANT CENTRAL OF SERVICE PACIFIC BANK:DECLARATION OF COUNSEL;EXHIBIT"A'%ENTRY OF DEFAULT AGAINST DEFENDANT CENTRAL PACIFIC BANK; 3of15 10 09/07/2012 Document PL-MNTIFF'S EX PARTE REQUEST TO All Case Parties Tellio,Andrew Radius Converted CLERK FOR ENTRY OFDEFAULT DOC ID:,Comments:COUNSEL: AGAINST DEFENDANT MORTGAGE EXHIBIT"A";ENTRYOF ELECTRONIC REGISTRATION DEFAULT AGAINST SYSTEMS INC.,SOLELY AS NOMINEE DEFENDANT MORTGAGE FOR COUNTRYWIDE HOME LOANS, ELECTRONIC REGISTRATION INC.;DECLARATION OF SYSTEMS,INC.,SOLELY AS NON41NEE FOR COUNTRYWIDE HOME LOANS,INC.; CERTIFICATE OF SERVICE I I 10/24%2012 DOCL1111011t STIPULATION TO SET ASIDE ENTRY Ali Case Parties Tellio,Andrew Radius Converted OF DEFAULT AGAINST DOC ID:,Comments: DEFENDANT CENTRAL PACIFIC BANK FILED SEPTEMBER',2012; CERTIFICATE OF SERVICE 12 12/1,'4/2012 Document PLAINTIFF'S NON-HEARING MOTION All Case Parties Tc1lio,Andrew Radius Converted FOR SECOND EXTENSION OF DOC ID:,Comments: TIME TO FILE PRETRIAL STATEMENT; DECLARATION OF COUNSEL;NOTICE OF MOTION AND CERTIFICATE OF SERVICE 13 0 1 1;17`2013 Document ORDER GRANTING PLAINTIFF'S NON- All Case Parties Tellio,Andrew Radius Converted HEARING MOTION FOR SECOND DOC tD:,Comments: EXTENSION OF TIME TO FILE PRETRIAL STATEMENT 14 04/2512013 Document PLAINTIFF'S MOTION FOR THIRD All Case Parties Wong,Michael G.K. Converted EXTENSION OF TIME TO FILE DOC ID:.Comments: PRETRIAL STATEMEN,I, DECLARATION OF COUNSEL; NOTICE OF HEARING:CERTIFICATE OF SERVICE 051,,01/2013 Document PLAINTIFF'S NON-HEARING MOTION All Case Parties Wong.Michael G.K. Converted TO AMEND THE CAPTION AND DOC ID:,Comments: SUBSTITUTE PLAINTIFF; DECLARATION OF COUNSEL; EXHIBIT"A";NOTICE OF MOTION IAND CERTIFICATE OF SERVICE 4 of 15 36 05/15/2013 Minutes All Case Parties COURT--SEIN(;THAT THE :IUD(;Ham,Glenn INTEREST IS NO LONGER RUNNING,DOES NOT SEE ANY PARTICULAR PREJUDICE FORMR.KONISHPS CLIENT WONG--ASKS FOR 0 MONTHS; DEFERS TO THE COURT. COURT—ALLOWS 90 DAYS;LET THE BANK, KNOW THATTHE COURT WANES THIS TO MOVE ALONG:TOOK 6 MONTHS TO CHANGE THE NAME ON THE CAPTION. COURT ESTABL1-SHES THE DISPOSITIVE MOTION AS:8119/13. COURT REAFFIRMS ITS PRIOR ORDER INDICATING THAT NO INTEREST TO ACCRUE AFTER_ 12/21/12.MR.WONG TO PREPARE THE ORDER. 5 of 15 05'15,/2013 MIDUICS All Case Parties' COURT REPORTER:CAROL JUDG Nara.Glenn KANESHIGE MICHAEL WONG,ATTORNEY FOR PLAINTIFFS(BY PHONE) A.L.KONISHL ATTORNEY FOR DEFENDANT ZENDO KERN 8:35 A.M.--CASE CALLED AND APPEARANCES NOTED.. COURT--WAS DEFAULT ENTERED AS TO DEFT KERN .KONISHI--DOES NOT RECALL COURT--SEES A STIPULATtONTO SET ASDIE ENTRY OF DEFAULT AS TO CENTRAL PACIFIC BANK,TAKES IT THAT ON YOUR ORAL REPP-ESENTAIJONS,11HERE IS NO OBJECTION TO HAVING MR. KONISHI APPEAR AND THAT THL DEFAULT DOES NOT NEED TO BE SET ASIDE 1VONG--DOES NOT SEE THAI'A DEFAULT WAS ENTEREDASTO DEFT KERN COURT--FILING AN ANSWER. KONISHI --WILL SPEAK TO MR.WON6 AFTER THIS; MR.KERN IS NOT CONTESTING THIS MATTER COURT --WHAT IS THE CAUSE OF YOUR APPEARANCE TODAY KONISHt- WAS SERVED WITH THE NOTICE OF HEAR-ING AND APPEARED;DOES NOT HAVE A POSITION;SHOWEDUP IN CASE THE couRI,HAD ANY QUESTIONS WONG-- REASON FOR THE DELAY IS IN OCTOBER.LOAN TRANSFER TO NATIONSTAR; I'00KTIME TO GET DOCUMENTS To REFLECT THE TRANSFER;THEN DIFFICULTY'ro GES'CONFLICT`WAIVERS FROM 6 of 15 THE TWO BANKS COURT-- INQUIRY AS TO WHAT A CONFLIC WAIVER 1S. WONG --CONFLICT WAIVER SINCE I AM REPRESENTINGN'ATIONSTAR IN THIS MATTER,AND THEY ARE THE JUNIOR LIEN HOLDERS IN OTHER CASES I HAVE; TO ALLOW REPRESEN'TAI"ION IN BOTH CASES,CASE BY CASE ASSESS-MENT AS TO WHETHER THEY ARE WtLLtNG TO WAIVER CONFLICT. COURT--INQUIRY AS TO `TIME LINE WONG--ASKS FOR AT LEAST 90 DAYS 16 05,13,%2013 Document ORDER GRANTING PLAINTIFF'S Alt Case Parties Wong,Michael(,;.K. Converted MOTION FOR'THIRD EX'T'ENSION DOC ID:,Coimnents: TO FELE PRETRIAL STATEMENT FILED APRIL 25,2013 17 06/04/2013 Document ORDER GRANTING PLANITI:FF'S NON- All Case Parties Wong,Michael G.K. Converted HEARING MOTION'TO AMEND THE DOC ID:,Comments: CAPTION AND SUBSTITUTE PLAIN If,tF'F; CERTIFICATE OF SERVICE I8 08119/2013 Document PLAINTIFFS NIOTION FOR DEFAULT All Case Parties Wong,Michael G.K. Converted AND/OR SUMMARY JUDGMENT DOC ID:,Comments:EXHIBITS AGAINST ALL PARTIES AND FOR "A"-"F";DECLARATION OF I:NTERLOCUTORYDECREE OF COUNSEL;EXHIBI'I'"F"-"M"; FORECLOSURE;MEMORANDUM IN NOTICE OF SUPPORT OF MOTION;VERIFIED HEARING DECLARATION OF INDEBTEDNESS; 19 08/19%2013 Document AFFIRMATION OF ATTORNEY; All Case Parties Wong,Michael G.K. Converted CERTIFICATE OF SERVICE DOC ID: Comi eats: 20 08/2912013 Document AFFIDAVIT OF MICHAEL G.K.WONG All Case Parties Wong,Michael G.K. Converted REGARDING MILITARY STATUS OF DOC ID:,Comments: DEFENDANT LENDO KERN;EXHIBIT "A" 31 08,30%2013 Certificate of Service CERTIFICATE OF SERVICE All Case Parties Wong,Michael G-K. Converted (COPY OF THE PLAINTIFF'S MOTION DOC ID:CS,Comments: FOR DEFAULT ANDIORSUMMARY JUDGMENT AGAINST ALL PARTIES AND FOR INTERLOCUTORY _ DECREE OF FORECLOSURE) 7of15 10/04/2013 Minutes All Can Patties COURT REPORTER: SABINA JUDG Hara,Glenn WERY MICHAEL WONG,ATTORNEY FOR PLAINTIFF ALAN KON[STIL ATTORNEY FOR DEFENDANT .CASE CAI-LED AT 8:44 A.M.AND APPEARANCES NOTED. CLERK REPORTED THAT THREE CALLS WERE MADE FOR THIS CASE AT 8:40 A.M.OUTSIDE THE HALLWAY OF COURTROOM 3D AND THERE WERE NO RESPONSE. COURT -ANY RESPONSE FROM THE OTHER DEFENDANTS. WONG-NO;NO ONE IS OPPOSING THE MOTION. COURT-MFRS DEFAULT;WE NOTE THAT OTHER THAN MR. KONISHI FOR DEFT.KERN AND MR.WONG FOR PLAINTIFF,NO ONE ELSE HAS RESPONDEDTo THE CALL OF THIS CAS G. KON tSfl I-WE DON'T OPPOSE THE MOTION;MR.KERN FILED FOR BANKRUPTCY A FEW YEARS BACK,THIS IS A FORMALITY TO CLEAR UP THIS LAST CHAPTER. WONG-MR.KONISHI HAS BEEN IN CONTACT WITH HIM EARLY ON IN THIS CASE AND DID NOTWANT'ro INCUR EXPENSES. COO RT-J UST WANTED TO PLACE IT ONTHE RECORD FOR THE BASIS OF MR. KONISHI'S APPEARANCE. WONG-FILED HIS AFFIRMATION;MR.KERN WAS DISCHARGED THROUGH BANKRUPTCY;TCY;WILL INCLUDE IN THE ORDER TO GET THE HOUSE AUCTIONED AS SOON AS POSSIBLE. 8 of 15 i 3i 1 {I I r i i i i COURT WILL EXCUSE TH 3 FORECLOSURE MEDIATION NOTICE:WILL FIND THAT DEFT, DID MAKE NOTE TO COUNTRYWIDE HOME LOANS INC:.SECURED B1 A MORTGAGE;THB NOTE IS ENDORSED IN BLANK AND PLAINTIFFS ARE NOW THE HOLDER OF THE NOTE;THE MORTGAGE HAS BEEN ASSIGNED THROTJGH VARIOUS CONVEYANCES AND ASSIGNMENTS TO PLAINTIFF NATIONSTAR MORTGAGE LLC;NOTE IS IN DEFAULT;THERE ARE NO GENUINE ISSUE OF MATERIAL FACT;NATIONSTAR IS ENTITLED TO COLLECT THE AMOUNTS DUE ON THE NOTE AND ENFORCE THE-PERMS OF THE MORTCJAGE;GRANT THE MOTION;ORDER GRANTING SJ BE SUBMITTED WITHIN TWO WEEKS(KONISHI WAIVED S[GNATURE)TO THE COURT; 1'HE COMMISSIONER T'O BE 9of15 All Case Parties _'9 10/04,2013 Minutes GIVEN A COPY OF THE FOFCOL JUDG Hara.Glenn FORTHWFIH;COMMISSIONERTO HOLD AN AUCTION WITHIN 100 DAYS OF THE DATE OF THE FILING OF THE DECREE UNLESS EXTENDED BY THE couR:r:COMMISSIONER IS TO FILE A REPORT WITHIN ONE WEEK OF THE AUCTION;THE MOTION FOR CONFIRMA-TION OF SALE WILL BE SUBMITTED WITHIN 10 DAYS OF THE FILING OF THE COMMISSIONER'S REPORT:AND A HEARING ON THE MOTION TO BE SET WITHIN 30 DAYS OF THE FILING OF THE,COMMISSIONER'S REPORT. AS TO THE AMOUNTS DUE AND OWING,COURT WILL GRANT THE AMOUNTS STATED IN THE DECLARATION OF INDEBTEDNESS,PARAGRAPH 8. DISCUSSION HAD BETWEEN COURT AND MR. WONG. COURT-AWARD THE ESCROW ADVANCES LESS$1,793: AS FOR THE TAX ADVANCES,$07.24 APPEARS TO HAVE BEEN PAID AF'T'ER THE LAST ENTRY IN THE LOAN HISTORY. 11/26/2013 Findings"Fact Concl of Law-Ord FINDINGS OF FACT,CONCLUSIONS All Case Parties Wong,Michael G.K_ Converted OF LAW,ORDER GRANTING DOC:ID:F0F,Comments:19,2013; PLAINTIFF'S MOTION FOR DEFAULT EXHIBIT'"A" AND/OR SUMMARY JUDGMENT AGAINST ALL PARTIES AND FOR INTERLOCUTORY DECREE OF FORECLOSURE FILED AUGUST 23 11;26,2013 DoCUITICot JUDGMENT All Case Parties Wong,Michael G.K. Converted DOC ID:J U DG,Comments: 24 11!26,2013 Document NOTICE OF ENTRY OF JUDGMENT All Case Parties Wong,Michael G.K. Converted I DOC ID:N0 J.Comments: 10 of 15 i 3 ]I 3 t t I 3 [26, 11,,26/2013 Document DELIVERED/MAILED COPIES OF All Case Parties FILED BY COURT, Converted NOTICE OF ENTRY OF COURT DOC 1D:,Cornments: JUDGMENT/ORDER TO ALL PARTIES HEREIN 04/01/2014 Affidavit of Publication AFFIDAVIT OF PUBLICA'T'ION All Case Parties FILED BY COURT, Converted (HAWAII TRIBUNE HERALD) COURT DOC ID:AOP,Comments: 27 04123,12014 Document COMMISSIONER'S REPORT; All Case Parties Kushi,Lynne K Converted DECLARA'T'ION OF LYNNE K. KUSHI DOC ID:,Comments: FOR COMMISSIONER'S FEES AND COST'S;EXHIBITS".A"-"D"; CERTIFICATE OF SERVICE 28 08!1412014 Document PLAINTIFF'S MOTION FOR ORDER All Case Parties Tellio,Andrew Radius Converted CONFIRMING FORECLOSURE DOC ID:,Comments:FEES; SALE,ALLOWANCE OF COSTS, EXHIBIT"A";NOTICE OF CONIM:ISSIONS,FEES,DIRECTING HEARING AND CERTIFICATE CONVEYANCE AND FOR WRIT OF OF POSSESSION;DECLARATION IN SERVICE(HEARING 09/10/14 SUPPORT OF ATTORNEYS' 8:00 AM. I I of]5 40 0'9110/2014 'Minutes All Case Pat-Lies COURT REPORTER: SABINA JUDG Him.Glenn YV FRY ROBIN MILLER, ATTORNEY FOR PLAINTIFF,VIA CONF. CALL ALAN KONISHL ATTORNEY FOR DEFENDANT'CRAIG EADY, HIGHEST BIDDER AT AUCTION CASE CALLED AT 8:03 A,M.AND APPEARANCES NOTED.,COURT- LS THE COMMISSIONER HERE BAILIFF REPORTED THAT THREE CALLS WERCMADE AT 8:00 A.M.OUTSIDE THE HALLWAY OF COURTROOM ID AND THERE WERE NO RESPONSE. COURT WE WILL PASS THIS CASE:WE WILL CALL NIS.MILLER WHEN WE RECALL THIS CASE.. CASE RECALLED AT 8:40 A.M.AND APPEARANCES NO-IEDBY C. PRATHER,L,KUSHI,CRAIG FADY,PROSPECTIVE BIDDER,ANDREW GEISER,AND A.KONISHL. COURT EXCUSED THE COMMISSIONER TOCONDUCT A FURTHER AUCTION OUTSIDETHE COURTROOM, CASE PASSED.. CASE RECALLED AT 8:50 A.M. AND APPEARANCES NOTED BY CHARLES PRATHER.(BY PHONE), LYNNE KUSHt,A.KONISHL ANDREW(3EISER AND CRAIG EADY.. KUSHI-RECEIVED A5% INCREASE SUBMITTED BY ANDREW GEISER IN THE AMOUNT`OF 5204,750.00; ASKED THAT THE COURT CONFIRM THE SALE TO ANDREW GEISER 12 of 15 s i s' 3 I 3 I I 3 i AND THAT MR.EADY BE ALLOWED TO GET HIS DEPOSIT RETURNED FROM ESCROW. COURT-IS THE PROPERTY OCCUPIED. KUSHI-NOT OCCUPIED; PROPERTY IS FAIR. PRATHER-HAVE NOTHING'CO ADD.. KONISHI-No OBJECTIONS. COURT HAVING CONSIDERED THE REPORT OF THE COMMISSIONER TOGETHER WITH THE FURTHER REPORT AND FURTHER AUCTION,WILL CON FIR NI THE SALE TO ANDREW GEISER IN THE AMOUNT OF 5204,750.00;THE ORDER CONFIRMING SALE TO BE SUBNHT'EED WITHIN 10 13 of15 41 09 10/2014 Minutes All Case Parties DAYS;SINCE THIS IS A THIRTY JUDG flara,Glenn PARTY.CLOSING TO BE WITHIN 60 DAYS. COURT ADDRESSED MR. PRATHER RE,REASON FOR THE DELAY IN GETTING THE MOTION TO CONFIRM SALE WHEN THE COMMISSIONER'S REPORT WAS FILED ON 4/23/14, THE SAME DAY OF THE AUCTION. PRATHER.- NOTED DELAYS DUETO STAFFING ISSUES; APOLOGIZED TO THE COURT AND COMMISSIONER. COURT-SHARE MS.KUSHI'S CONCERNS WITH THIRD-PARTY BUYER;THEY ARE DEALING WITH FINANCING THE PROPERTY AND DELAYS AFFECT THEIR ABILITY TO BUY: DELAY AFFECTS THE INTEGR.ITY OF THE BIDDING PROCESS:STRONGLY SUGGEST 'KHAT YOU REVIEW YOUR FILES AND IF THERE ARE ANY FOFC'OL GRANTED& COMMISSIONER'S REPORTS ARE DONE;IF DONE AND YOU HAVEN'T FILED YOUR MOTION CHAT THE MOTION BE FILED IMMEDIATELTY;LATE FILINGS MAY RESULT IN SOME SANCTIONS. 2 101113-2014 Document OR-DER GRANTING PLAINTIFF'S All Case Parties Miller,Robin Lvri Converted MOTION FOR ORDER CONFIRMING DOC ID:.Comments:EXHIBIT"A" FORECLOSURE SALE,ALLOWANCE OF COSTS, COMMISSIONS,FEES, DIRECTING CONVEYANCE AND FOR WRIT OF POSSESSION FILED AUGUST 14,2014; 101/1312014 Document JUDGMENT All Case Parties Miller,Robin Lyn Converted DOC ID:.RJD(;,Comments: 1 10/13/2014 Document NOTICE OF ENTRY OF JUDGMENT All Case Parties Miller,Robin Lyn Convected DOC ID:NOJ,Comments: 14 of 15 32 1611312014 Document DELIVERED{MAILED COPIES OF All Case Parties FILED BY COURT. Converted NOTICE OF ENTRY OF COURT DOC fl):,Comments: JUDGMENT/0RDER TO ALL PARTIES HEREIN 33 10!'23/2014 Certificate of Service CERT'IFICAhE OF SERVICE RE:ORDER All Case Panics Miller,Robin Lyn Converted GRANTING PLAIN- TIFF'S MOTION DOC 1D:CS,Comments:FILED FOR ORDER CONFRMING AUGUST 14,2014:EXHIBIT"A" FORECLOSURE SALC ALLOWANCE FILED OCTOBER 13,2014 AND OF COSTS,COMMISSIONS,FEES, JUDGMENT FI:LLD OCTOBER.13, DIRECTING CONVEYANCE AND FOR 2014 WRIT OF POSSESSION 34 12/08/2014 Document RELEASE OF NOTICE OF PENDENCY All Case Parties Jackson,Amy Kawenn -- Converted OF ACTION DOC ID: Comments: 35 12/11/2014 Document COMMISSIONER'S FINAL REPORTAll Case Parties Kushi,Lvnne K Converted EXHIBIT A; CERTIFICATE OF DOC ID:,Comments: SERVICE 15 of]5 s I I 3 )3 S 3 i :I i "i PRINTABLE CASE VIEW Generated: 10-JAN-2021 03:07 PM Search Criteria: Case ID or Citation Number:3CCO91000385 I record(s)total Case 103CC09100038i-CENTRAL-PACIFIC BANK VS SUPERIOR DEV Filing Date:TUESDAY,OCTOBER 2?,2009 CiRP LLC 171".AL Court:THIRD CIRCUIT Type:CV-Circuit Court Civil Location:NORTH AND SOUTH HILO DIVISION Status: ILRNIINATED-Terminated Case Last ULdated:25-Au«-2010 Related Cases No related cases were found. Case Parties Se 9 CENTRAL Assoc End Date Tvpe ID Name/Aliases Yamada,Keith Y. �-�- Plaintiff @'4318332 CENTRAL PACIFIC BANK Nagata,Teri-ann Emiko Shiroma _ Defendant 04318334 SUPERIOR DEV'ELOPME'NT GROUP LLC _ 3 Defendant (&4318335 KERN,FZENDO 4 Attomey A4044 Yamada,Kcith Y. — PACIFIC BANK S CENTRAL Attomey A8660 Nagata,Teri-ann Emiko Shiroma PACIFIC BANK 6 Other D3CO2 Third Circuit Court 2nd Division Rail f Bond Information No Bails were found. Events ---- ------- Event Parties Date 'lime Room Location Judge Appearance. ----I)LS o5itiml Hearing on Motion 08/25/2010 09:00:00 Third Circuit,2nd NORTH AND Hara,(Acon S CON-Continued Division SOUTH HILO DIVISION 1 cif 9 Event Parties Date Time Room Location Judge Appearance Dis nsition Hcanng on Motion 05/26/2010 09:00:00 Third Circuit,2nd NORTH ANIS Hara,Glenn S GRT-Granted Division SOUTH HILO DIVISION Hcarinn 04/0512010 08:00:00 Third Circuit,2nd NORTH AND Hara,Glenn S NSA-No Show on Division SOUTH HILO Appearance DIVISION Hearingon Motion 002712010 08:50:00 Thud Circuit,2nd NORTH AND Hari,Glenn S (IRT-Granted Division SOUTH HILO DIVISION licarin,on Motion 01/27/2010 08:30:00 Third Circuit,2nd NORTH AND Hara,Glenn S GRT-Granted Division SOUTH HILO DIVISION Dockets Docket# Date Docket Document Name Parties FilingParte__ -— — IOi27t2009 Dacument CC)MPLAINT:EXHIBITS"I"-"3'; All Case Patties Yamada,Keith Y. Conve-iced SUMMON S DOC'ID:,Comments: 2of9 1 0127/2010 Minutes All Case Panics YA1ti1ADA-THERE WERE 2 UDC;Hara,G1,2im ADDRESSES ON THE LOAN AGREE-MENT.HAD THE SHERIFF GO OUT&CHECK BOTH ADDRESSES.THERE'S 3 OTHER ADDRESSES THAT WERE IN THE FILE THAT WERE MORE CURRENT WHICH THE SHERIFF CHECKED.CHECKED THE TAX DEPARTMENT FOR THE ADDRESS AT WHICH MR. KERN RECEIVES COMMUNICATIONS FROM THE TAX DEPARTMENT WHICH WAS CHECKED.CHECKC D DIMS CONNECT&HO'OIKI. COURT-BASED ON'THE REPRESENTATIONS OF M:R, YAMADACOURT WILL FIND THAT THE FACTUAL BASIS FOR SHOWING THERE WAS DUE&DILIGENT EFFORT TO SERVE MR.KERN& THE SITUATION IS SUCH THAT HE CANNOT BE LOCATED FOR SERVICE HAS BEEN SATISFACTORILY SHOWN. COURT WILL GRANT THE EX PARTE MOTION THAT WAS SUBMITTED,MR.YAMADA DOES NOT HAVE TO SUBMIT ANYTHING FURTHER.THE COURT WILL JUST SIGN WHAT WAS SUBMTTTED. 3of9 01� 72010 Minutes All Caw Paities COURT REPORTER:AUDREY JUDG Hara,Glenn fANOUYE KEITH YAMADA.FOR PLAINTIFF CENTRAL PACIFIC BANK, APPEARING VIA TELEPHONE, .8:50 AAL-CASE CALLED APPEARANCE BY TELEPHONE ENTERED, COURT-THIS IS ON THE EX PARTE MOTION FOR SERVICE BY PUBLICATION,THE COURT SET THIS HEARING BECAUSETHE COURT HAD SOME QUESTIONS AS TO THE DUE DILIGENCE ASPECT IN LOCATING& SERVING THE DEFENDANT ZENDO KERN.DID YOU CHECK WITH THE LOCAL CPB BRANCH AS TO IF THEY HAD ANY INFORMATION ABOUTKF',RN'S WHEREABOUTS YAMADA-I DID.THEY HAD NO FURTHER INFORMATION OTHER THAN WHAT THEY HAD PROVIDED Tib ME INTHE BE(,ANNING.JUST SO THE COURT IS AWARE,INTHESE TYPES OF CASES WHERE IT'S AN UNSECURED LOAN,IT'S OBVIOUSLY TO THE BENEFIT OF THE BANK TO GET SERVICE. WE'VE DONE ALMOST EVERYTHING WE COULD POSSIBLY DOTOTRY TO LOCATE HIM.IT'S TO OUR BENEFIT TO GET HIM SERV D.IT'S JUST THAT WE HAVE NO WAY OF KNOWING WHERE HE CO(TLD BE.WE CHECKED WITH EVERY POSSIBLE RESOURCE AVAILABLE TO US. COURT -THE EFFORT NEEDS TO BE COMMUNICATED WITH, THE COURT BECAUSE THE STATUTE'S FAIRLY CLEAR THAT YOU CAN'T USE CONCLUSORY LANGUAGE& 4 c_)f 9 SAY WE DID OURDUE _ DILICENCE. Y AMADA- UNDERSTAN:D.. COURT-WAS THERE A CHECK OF THE PHONE NUMBERS & ADDRESSES IN THE LOAN AGREEMENT AT EXHIBIT I TO THE COMPLAINT ? 01/28/2010 Document PLAINTIFF'S EX PARTE MOTION FOR All Case Parties Yamada,Keith Y. Converted SERVICE BY PUBLICATION OF DOC ID:,Comments:EXHIBIT"A"; COMPLAINT FILED OCTOBER 27,2009_ DECLARATION OF EDWIN AS TO DEFENDANTS SUPERIOR LANAKA;ORDER GRANTING DEVELOPMENT GROUP,LLC,AND PLAINTIFF'S EX PARTE MOTION ZENDO KERN;DECLARATION OF FOR SERVICE BY PUBLICATION KEITH Y,YAMADA; OF COMPLAINT FILED OCTOBER 27,2009.AS TO DEFENDANTS SUPERIOR _ DEVELOPMENT GROUP LLC 01/28/2010 Document ZENDO KERN;SUMMONS; All Case Parties Yamada,Keith Y. Convened CERTIFICATE OF SERVICE DOC ID:,Comments: T 03115,'2010 Document AFFIDAVIT OF PUBLICATION All Case Parties Converted DOC ID:,Comments:{NOTICE'1'O DEFENDANTS SUPERIOR DEVELOPMENT GROUP LLC AND ZENDO KERN 5of9 17 04!05/2010 Minutes All Case Parties COURT REPORTER: SABINA JUDG Nara.Glenn WERY KEITH YAMADA,ATTORNEY FOR PLAINTIFF CASE CALLED AT 8:09 A.M.AND APPEAR-A,NCES NOTED. BAILIFF REPORTED THAI'THREE CALLS FOR THIS CASE WERE MADE AT 4:00 A_M. OUTSIDE COURTROOM 3D AND THERE WERE NO RESPONSE.. COURT QUESTIONED PARTIES SEATED IN THE GALLERY AND THERE WERE NO RESPONSE. .COURT NOTED THAT NO ONE HAS RESPONDED TOTHE CALL OF THIS CASE BY`THE BAILIFF OR BY THE CLERK; COURT NO TED THE NON APPEARANCE BY THE PERSON SUMMONED BY THE PUBLICATION. 04 15/2010 Document PLA I NTJ FE'S MOTION FOR SUMMARY All Case Parties Ayabc,Lisa Converted JUDGMENT; MEMORANDUM IN DOC JD:.Comments:HEARING SUPPORT OF MOTION;DECLARATION MOTION AND CERTIFICATE OF OF CYNTHIA MONTE;EXHIBITS"I"- SLRVICE "4%DECLARATION OF KEITH Y. YAMADA;EXHIBIT"A";NOTICE OF 0X2612010 Document SUPPLEMENTAL DECLARATION OF All Case Parties Nagata,Teri-ann Emiko Converted CYNTHIA MONTE; EXHIBIT"I": Shiroma its: CERTIFICATE OF SERVICE 6 of 9 I I i I I I i i I8 051'26/2010 Minutes All Case Parties COURTREPORTER: CAROL JUDO;Haia,Glenn KANESHIGE KEITH YAM:ADA,ATTORNEY FOR PLAINTIFF CASE CALLED AT 9:20 A.M.AND APPEARANCES NOTED, BAILIFF REPORTED THAT THREE CALLS WERE MADE AT 9:00 A.M.OUTSIDE COURTROOM 3D AND THERE WERE NO RESPONSE— COURT—NOTED THAT THE TIME IS NOW 9:20 A.M. AND OTHER THAN MR.YAMADA, NO ONE HAS RESPONDED TO THE CALL OF THE CASE BY THE CLERK/BAILIFF,THE MOTION FOR SJ WAS SERVED ON THE DEFTS;THERE IS A CERTIFICATE OF SERVICE AND NOTICE OF HEARING ATTACHED. THE COURT RECEIVED THE SUPPLEMENTAL DECLARATION REPLACING EXHIBIT 4 TO'I'HE MOTION FOR SUMMARY JUDGMENT. YAMADA--NOTHING FURTHER. TO ADD;WE COUL:DN'T FIND EITHER DEFT'S;WE'POOK SPECIFIC;STEPS TO SERVE wiTHOUt'SUCCESS AND ENDED DOING IT BE PUBLICATION; NOTING EXPENSES INCURRED LOCATING THE DEFENDANTS; HE WAS A REAL ESTATE DEVELOPER; MR, LAPINT.A HAD DEALINGS WITH HIM AND HE DOESN'T KNOW WHERE HE IS. COURT--THERE ARE NO GENUINE ISSUE OF MATERIAL FACT THAT PURSUANT TO THE LINE OF CREDIT AGREEMENT,SUPERIOR DEVELOPMENT GROUP, LLC IS INDEBTED TO PLAINTIFF IN THE SUMS THAT 7of9 ARE STATED IN PARAGRAPH I I OF THE DECLARATION ATION OF INDEBTEDNESSTO THE MOTION: THE PLAINTIFF INCURRED ATTY'S FEES AND COSTS,IN EXHIBIT A,FEES OF 1;4,065.08 AND COSTS OF $1.388.57. YAMADA--WJLL PREPARETHE ORDER AND JUDGMENT. 7 0 27/2010 Document ORDER GRANTING PLAINTIFF'S All Case Parties Ayabc,Lisa Converted REQUEST FOR.ENTRYOF DEFAULT DOC ID:,Comments: OF DEFENDANTS SUPERIOR DEVELOPMENT GROUP,LLC AND ZENDO KERN 8 06'07%2010 Document FINDINGS OF FACT,CONCLUSIONS All Case Parties Ayabc,Lisa Converted OF LAW AND ORDER GRANTING DOC ID:.Comments: PLAIN'TIFF'S MOTION FOR SUMMARY JUDGMENT FILED APRIL 15,2010 9 06J0W201 0 Document JUDGMENT All Case Pat-Lies Ayabc,Lisa Converted DOC ID:,Comments: 10 08/07/2010 Document NOTICE OF ENTRY OF FINDINGS OF All Case Parties Ayabe,Lisa Converted FACT,CONCLUSIONS OF LAW AND DOC ID:,Comments: ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT FILED APR]L 15,2010 11 06/0'/2010 Document NOTICE OF ENTRY OF JUDGMENT All Case Parties Ayabc,Lisa Converted DOC ID:,Comments: 061/07/2010 Document DELIVERED/MAILED COPY OF All Case Parties FILED BY COURT- Coiivcrtcd NOTICE OF ENTRY OF JUDGMENT COURT DOC ID:,Comments: TO PARTIES HEREIN 13 07!2712010 Document PLAINTIFF'S EX PARTE MOTION FOR All Case Parties Yartiada,Keith Y. Converted EXAMINATION OF JUDGMENT DOC ID:,Comments: DEBTOR;AFFIDAVIT OF KEITH Y. YAMADA; EXHIBIT"A":ORDER FOR EXAMINA'T'ION OF JUDGMENT DEBTOR 14 08`231/2010 Servico-RetLini/Ackiiowle(gettienI RETURN AND ACKNOWLEDGMENT All Case Parties Yamada,Keith Y. Converted OF SERVICE (ZENDO KERN) DOC Ill:RAS,Comments:ETC,BY (ZENDO KERN SERVED ON 8/12/10 W! JOHN TALICH,PROCESS SERVER) PLAINTIFF'S EX PARTE MOTION FOR EXAMINATION OF JUDGMENT DEBTOR, 8 of 9 I I 9 08/'2512010 Minutes All Case Parties COURT REPORTER: AUDREY JUDG Hara.Glenn TANOUYE KEI'T'H YAM:ADA.ATTORNEY FOIZ CASE CALLED AT 9:00 A.M.AND A'PVEARANCE NOTED. 4 BAILIFF REPORTED THAT THREE CALLS WERE MADE FOR THIS CASE AT 9:00 A,M. OUTSIDE COURTROOM 3D AND THERE WERE NO OTHER RESPONSE.. YAMADA-- THE DEFT,WAS SERVED WITH THE EXAMINATION ORDER;YESTERDAY COUNSEL RECEIVED A CALL FROM ATTORNEY LISA VOLQUARDSEN FROM KONA SHE CALLED BEFORE NOON AND ADVISED HIM THAT SHE INTENDED TO FILE A PETITION FOR BANKRUPTCY AGAINS"ITHE PERSON BEING EXAMINED;AT 8:26 A.M.'PHIS MORNING, COUNSEL,DID RECEIVE VIA FAX THE CHAPTER 7 PETITION, COURT--WE WILL JUST NOTE THE NON APPEARANCE OF ZENDO KERN AT 9:I7 A.M.. YAMADA--WILLING TO TAKE THIS MATTER OFF UNTIL MOVED ON. COURT-- WONDERING IF MR.KERNS' ATTORNEY IS GOING TO FILE A NOTICE WITH RESPECT TO THE BANKRUPTCY FILING YAMADA--I CAN DO THAT,WILL FORWARD"THE PETITIONTO THE COURT THAT SHE FORWARDED TO HIM. 9of9 Ethics Concerns about Zendo Kern, planning director nominee I have submitted a number of pages of written testimony to this body,which I hope helps to shine light on the lack of qualifications and questionable ethics of'Zendo Kern, and my overall concern for the prospect of him serving as our planning director. However, I would like to share with the Ethics Board about my personal experience with Zendo. Back in 2012, I briefly served as a chairperson to his campaign, until I realized that it conflicted with my own newswriting and reporting. After Zendo was elected to the County Council in the 2012 election,he nominated me to serve as a planning commissioner. During that nomination process, I realized that I had registered to vote in the wrong district. I confided in Zendo this fact and asked for him to withdraw my nomination so I could update my voter registration. During the course of Zendo's Council term, our personal relationship deteriorated. I stayed true to my journalism, writing critically about Zendo's generally poor performance as a council member. When it came time to pull nomination papers for the 2014 election, I opted to run for Council District 5,thinking I would be challenging Zendo's re-election. He opted not to seek re-election. Instead,he chose to settle the score with me by using his power and influence to convince police and prosecutors to make a voter fraud case against me, twisting and contorting confidences that I had shared with him when I had declined the planning commission nomination. Zendo even went before a grand jury and perjured himself, falsely claiming I wanted to see Fred Blas defeated in the 2012 election against Greggor Hagan. The Ethics Board is welcome to seek out police reports and my grand jury indictment to corroborate this testimony. Zendo misused our criminal justice system in an attempt to smear my reputation and put me through financial ruin. I'm just so thankful for my supportive family that helped me to defend myself and clear my name. I tell you my story in order to shine light on his propensity to use our criminal justice system as a weapon. Having observed and experienced Zendo firsthand, I come before you with serious concerns that Zendo will treat his position as planning director similarly. I generally question his ability to treat the public fairly and equitably, at the same time that I question his ethics, his credentials and his technical expertise to effectively serve as planning director. (Tiffany Edwards Hunt i i {jI i 3 From: Tiffany Edwards Hunt Sent: Thursday, January 14, 2021 5:19 AM To: Council Testimony; Kanealii-Kleinfelder, Matt; Kierkiewicz, Ashley Subject: Re: Communication 44: Water Board (District 5) f Council members / County Clerk: Please include this communication as an addendum to Zendo Dern related testimony I submitted earlier this week. (Communication 44). Also, please help me confirm with the Mayor's Office that Steve Hirakami is being nominated to replace Zendo Kern on the Water Board for District 5. This, along with Kern's work for Hirakami's employer (Arts & Sciences Center, the nonprofit for Hawaii Academy of Arts and Sciences (HAAS) Public Charter School), was not disclosed when Mr. Hirakami testified in favor of Zendo at your recent Planning Committee meeting. I am wondering if anyone else who testified / submitted testimony in favor of Zendo (or any other member of the mayor's cabinet) is in the process of being nominated to any other board or commission_ I would appreciate your help in obtaining this information from the Mayor's Office. Please note that, on the County of Hawai'i website, there isn't any email information for the Mayor's Office, just physical addresses and phone numbers. I do not have a County of Hawai'i Mayor's Office email on file and, as you can see for yourself, it's not readily available on the County of Hawaii website. I believe this information about nominees to boards and commissions and specifically those who have come forward with testimony about appointments to various departments is of extreme importance to the public and should be disclosed. Mahalo. \ml\m/ aloha Pronouns: she, her, hers (See: mypr^onouns.org to learrl more) Begin forwarded message: From: Tiffany Edwards Hunt Date: January 13, 2021 at 1:43:13 PM HST To: dws <dws@hawaiidws.org> Subject: Re: Water Board (District 5) Mahalo, On January 13, 2021 at 3:38 PM, dws <dws@hawaiidws.org>wrote: Dear Ms. Hunt, Thank you for contacting the Department of Water Supply regarding Water Board, District 5. Your email has been forwarded to the Mayor's office for response. t If you have any further questions, please do not hesitate to contact us. Department of Water Supply County of Hawaii i 345 Kekuanao'a Street, Suite 20 3 Hilo, HI 96720 3 I Phone: (808) 961-8050 3 FAX: (808) 961-8657 J I 3 3 "The Department of Water Supply is an Equal Opportunity provider and employer." 3 From: Tiffany Edwards Hunt <newswoman ct me.com> Sent: Wednesday, January 13, 2021 7:48 AM To: dws <dws c@r hawaiidws.org> Subject: Water Board (District 5) a 3 'I s Aloha, I 3 3 i I'm writing to confirm that Steve Hirakami has been nominated to replace Zendo Kern on the District 5 Water Board. 3 Thank you in advance for the information. 3 2 From: Tiffany Edwards Hunt Sent: Thursday, January 14, 2021 12:09 PM 3 To: Council Testimony Subject: Addendum to written testimony (Comm. 44) I 3 3 Please include as an addendum to my written testimony submitted earlier this week re: Communication 44, Zendo 3 Kern testimony. Noteworthy is the fact that Mr. Hirakami testified in favor of the Zendo Kern nomination last week, ' but did not disclose he is in line to replace Zendo on the water board, along with the fact that Arts and Sciences Center, the non-profit associated with Hawaii Arts and Sciences Public Charter School (HAAS), contracted with Zendo Kern's company for a special permit makin Its way through the Count of Hawaii. Mahalo. p y p p g y b Y �i Begin forwarded message: From: "Bartolorne, Pomaika'i" <Pomaika'i.Bartolome@hawaiicounty,gov> Date: 1/1412021 ' I To: "Carter, Sunshine" <smcarter@hawaiidws.org> j Cc: "Okamoto, Keith" <kokamoto@hawaiidws.org>,"Uyehara, Kawika" <kayehara@hawaiidws.org>,"Jollimore, Doreen" <djollimore@hawaiidws.org> Subject: RE: Water Board (District 5) I 3 Aloha Ms. Hunt, I i I i 3 3 My name is Potnaika'i Bartolome, Executive Assistant at the Mayor's Office and appointed lead for I Our County Boards, Commissions and Advisory Committee's. I was provided your email below addressing our County Water Board regarding District S. Yes, Steve Hirakami is being nominated for District 5 on our County Water Board. If you should have any questions or concerns regarding our Boards and Commissions, feel free to contact me at the number listed below. i Have a wonderful day! I I i Aloha Always, Pomaika'i M. Bartolome Executive Assistant County of Hawaii—office of the Mayor PH (808)961-8504 FAX(808)961-6553 pbartolome@hawaiicounty.gov 1 i From: Carter, Sunshine <smcarter@hawaiidws.org> Sent: Wednesday, January 13, 20212:20 PM 3 To: Bartolome, Pomaika'i <Pomaika'i.Bartolome@hawaiicounty.gov> Cc: Okamoto, Keith<kokamoto@hawaiidws.org>; Uyehara, Kawika <kuyehara@hawaiidws.org>; Jollimore, Doreen<djollimore@awaiidws.org> Subject: Water Board (District 5) 'i Aloha Pomaika'i, We received the email below to our DWS general e-mailbox here at DWS. Would you kindly provide a response to Ms. Hunt and copy everyone on this email? Thank you so much. Hope your day is great! i 3 From: Tiffany Edwards Hunt Sent: Wednesday, January 13, 2021 7.48 AM To: dws <dws((O�hawaiidws.org> Subject: Water Board(District 5) Aloha, I'm writing to confirm that Steve Hirakami has been nominated to replace Zendo Kern on the District 5 Water Board. 2 Thank you in advance for the information. Warmest Mahalo, Sunshine Carter lPrivate Secretary P ,. � DEPARTM ENT OF WATER SUPPLY I 1 I"T Y OF 6`I�d4,"�"iYAi l a � � �. PT"ater, Our Allost Precious Pesource...Ka Wai A K5,vie... The Department of Fater Supply is an Equal Opportunity provider and employer. 3 3 I From: Tiffany Edwards Hunt Sent: Thursday, January 14, 2021 4:40 PM To: Council Testimony; Kanealii-Kleinfelder, Matt; Kierkiewicz, Ashley Subject: Addendum to Council testimony re: Communication 44 i "3 i Please include this email as an addendum to my testimony re: Communication 44 that I submitted earlier this week. I would like to put on the record that I met with Jason Fujimoto, president and CEO of HPM, on Wednesday, .Ian. 13. fle was kind enough to discuss with me my concerns about Zendo Kern and verify details of the complaint about Zendo 1 I IPM that I referenced in my recent correspondence with HPM questioning the company's favorable testimony regarding his nomination. (My letter to HPM is attached to my written testimony earlier this week) Noteworthy is that Jason's father Michael Fujimoto was part of the selection committee for Zendo Kern. Michael Fujimoto was forthright enough to share that in his testimony to council members. I think the public has a right to know who were the others who served on the Selection Committee, so we the public can ascertain whether or not they will have any sort of economic benefit from Zendo serving as planning director, as I-IPM will. I also would like to know if any other members of the selection committee have submitted written testimony or testified before this body without disclosing their involvement in Zendo's selection for the mayor_ Council members should find this information pertinent to your decision making re: Zendo Kern's nomination. I I fI j Up WE — - i �v ,lf/'✓�� �. lIl I�II�1 k�§T y6�,�' v �lI ��;. ;�9i I i i 7�111p�� a: \mt�m1 aloha 1