Minutes | Filed: August 14, 2026
| Entered: August 14, 2026
Kila v. Mauna 'Olu Estates Owners' Association
Civil Rights: Other | Hawaii
Link
EO: On February 17, 2026, Defendant Associa Hawaii filed a 36 Motion to Dismiss all claims against it with prejudice. Two days later, Defendant Mauna 'Olu Estates Owners' Association ("Mauna 'Olu") filed its own 39 Motion to Dismiss counts II, III, and VII of the 1 complaint. The court set both motions on the same briefing schedule and required oppositions to the motions to be filed by March 10, 2026. Dkt. Nos. 38, 40. That briefing schedule was extended several times by stipulation of the named Plaintiffs and Defendants Associa and Mauna 'Olu. See Dkt. Nos. 53 , 64 , 70 . The result of these extensions was that the ultimate deadline for all Plaintiffs to oppose the two Motions to Dismiss was June 15, 2026. See Dkt. No. 70 ("Plaintiffs' Oppositions shall be due June 15, 2026."). This deadline was extended one final time as to Plaintiffs Karlo L.G. Tanjuakio and Keith Rodriguez, see Dkt. No. 85 (extending deadline to July 3, 2026), but for all other Plaintiffs, the deadline to file an opposition remained June 15, 2026.
Tanjuakio and Rodriguez timely filed oppositions to the Motions to Dismiss, Dkt. Nos. 89 , 90 , but no other party has filed any opposition. And pursuant to the stipulation of Tanjuakio, Rodriguez, Associa, and Mauna 'Olu, Dkt. No. 104 , Tanjuakio and Rodriguez's oppositions have now been withdrawn. The upshot is that both Motions to Dismiss are now unopposed. Associa and Mauna 'Olu therefore request that the court grant the motions. See Dkt. Nos. 100 , 101 .
The court possesses discretion to grant an unopposed motion, Gwaduri v. I.N.S., 362 F.3d 1144, 1146 (9th Cir. 2004), and that discretion extends to unopposed motions to dismiss. See Ghazali v. Moran, 46 F.3d 52 (9th Cir. 1995) (per curiam). After conducting a review of the record in this case and the dismissal factors outlined in Henderson v. Duncan, 779 F.2d 1421, 1423 (9th Cir. 1986), the court concludes that dismissal is appropriate and will therefore exercise its discretion to dismiss the claims and parties covered by Defendants' motions to dismiss. Accord Urban v. Cotton, Civ. No. 23-00043, 2023 WL 4133133, at *3-4 (D. Haw. June 22, 2023) ; MFY Funding LLC v. Ohia Opportunities, LLC, No. 21-cv-00261, 2021 WL 3909658, at *7 & n.2 (D. Haw. Aug. 31, 2021); Felton v. Lingle, No. 08-cv-00568, at Dkt. No. 30 (D. Haw. May 15, 2009). The court notes that it is aware that pursuant to the withdrawal of counsel for Plaintiffs on June 26, 2026, Dkt. No. 88 , the affected Plaintiffs are currently proceeding pro se or, in the case of corporate plaintiff Koa Ike, unable to appear in this action until counsel is retained or a corporate representative shows cause before the Magistrate Judge. See id.; Dkt. No. 102. But the affected Plaintiffs were all represented by counsel at the time their oppositions were due on June 15, 2026, and so the court concludes that it is appropriate to grant the motions to dismiss based on the lack of any opposition.
Accordingly, the court GRANTS Def... (truncated)
Misc | Filed: August 13, 2026
| Entered: August 13, 2026
Kila v. Mauna 'Olu Estates Owners' Association
Civil Rights: Other | Hawaii
Court's Certificate of Service
COURT'S CERTIFICATE of Service re 104 - Non-Registered CM/ECF Participants will be served by First Class Mail on August 13, 2026 to the addresses of record listed on the Notice of Electronic Filing (NEF): Anna Piikea Hardy-Kahaleoumi: 92-830 Kinohi Pl. Apt. 2, Kapolei, HI 96707 on 7/9/2026; Christophor Edward Oliveira: 85-1431 Waianae Valley Rd # 1431, Waianae, HI 96792; Glen Kila: 89-530 Mokiawe Street, Waianae, HI 96792; George M. Williams, Jr.: 84-680 Kili Drive Apt. 803, Waianae, HI 96792; to Koa Ike a domestic nonprofit corporation, c/o Christopher Oliveira (agent), 84-255 Makaha Valley Road, Waianae, HI 96792. Registered Participants of CM/ECF received the document electronically to the email addresses listed on the NEF. (cib)