Ko Olina Development, LLC v. Centex Homes

MEMORANDUM *

We consider here the cross-appeals by Ko Olina Development, LLC (KOD) and Centex Homes. KOD appeals from the district court’s judgment. Centex appeals from the district court’s denial of its motion for reconsideration of an order enforcing the judgment. We have jurisdiction under 28 U.S.C. § 1291, and affirm.

I. KOD’s Appeal

We review de novo the interpretation and meaning of contract provisions. Milenbach v. C.I.R., 318 F.3d 924, 930 (9th Cir.2003). Under Hawai’i law, which applies here, the terms of a contract are interpreted according to their plain, ordinary and accepted use in…