Kona Enterprises, Inc. v. Estate of Bishop

MEMORANDUM *

In this diversity action, Kona Enterprises, Inc. (“Kona”), Wayne Rogers, Bilau Partners, Wayne Rogers IV, and Laura Rogers (collectively, “appellants”) challenge multiple district court decisions in favor of the Estate of Bernice Pauahi Bishop (“the Bishop Estate”). 1 Following the district court’s dismissal of the underlying action brought by Kona, Balanced Value Fund (“BVF”), Tach One, Wayne Rogers, and Jack Gertino (“plaintiffs,” collectively), Kona Enters., Inc. v. Estate of Bishop, 51 F.Supp.2d 1048, 1057 (D.Haw. 1998), the Bishop Estate sought recovery of attorney’s fees under Hawaii law. In 1999, the district court entered a fee award against Kona, Tach One, and BVF; on appeal, we remanded for recalculation in light of intervening state law. Kona Enters., Inc. v. Estate of Bishop (Kona III), 229 F.3d 877 , 891 (9th Cir.2000). Subsequently, the district court entered two more fee awards, and the Bishop Estate sought recovery of Tach One’s and BVF’s fee obligations in a third-party action to enforce the awards, naming Bilau Partners, Wayne Rogers, Wayne Rogers IV, and Laura Rogers as third-party defendants. 2 Appellants now challenge the district court’s summary…