Alika Atay et al. v. County of Maui et al.
| Alika Atay, Lorrin Pang, Mark Sheehan, Bonnie Marsh, Lei'ohu Ryder and SHAKA Movement |
| County of Maui, Dow Agrosciences LLC, Monsanto Company, Robert Ito Farm, Inc., Hawaii Farm Bureau Federation, Maui County, Molokai Chamber of Commerce, Agrigenetics, Inc., Concerned Citizens of Molokai and Maui, Friendly Isle Auto Parts & Supplies, Inc., New Horizon Enterprises, Inc., Hikiola Cooperative, John Does 1-10, Jane Does 1-10, Doe Partnerships 1-10, Doe Corporations 1-10 and Doe Governmental Entities 1-10 |
| 1:2014cv00582 |
| December 30, 2014 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| Honolulu |
| BARRY M. KURREN |
| SUSAN OKI MOLLWAY |
| Constitutionality of State Statutes |
| 28 U.S.C. ยง 1331 |
| None |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
59
ORDER DETERMINING THAT THE COUNTY OF MAUI GMO ORDINANCE IS PREEMPTED AND EXCEEDS THE COUNTY'S AUTHORITY re 14 , 42 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 6/30/2015. " The Ordinance is preempted by federal and state law and exceeds the County's authority to impose fines. The court therefore grants summary judgment in favor of the Seed Parties with respect to the First and Second Causes of Action asserted in the Complaint in Civ. No. 14-00511 SOM/ BMK. The court grants partial summary judgment with respect to the Fourth Cause of Action asserted in that Complaint, declaring that any criminal fine in the Ordinance exceeding $1000 and all civil fines exceed the County's authority. Given these determinations, the court need not address the Seed Companies' remaining arguments. ""Given the court's ruling, the court denies SHAKA's motion to dismiss or for judgment on the pleadings in the Robert Ito Farm Action based on abstention, but grants the remaining parts of the County of Maui's motion to dismiss in the Atay Action. The Clerk of Court is therefore ordered to enter judgment against SHAKA in the Atay Action." "The court notes that, on June 8, 2015, SHAKA filed a motion in the Robert Ito Farm Action, seeking to be allowed to cross-claim against the County of Maui to force it to certify the election results and implement the Ordi nance. See ECF No. 161. Because the court has determined that the Ordinance is unenforceable, the court denies that motion." "Finally, the court notes that this order does not discuss the Third Cause of Action in the Complaint i n the Robert Ito Farm Action. That claim asserts that the Ordinance violates the Commerce Clause. No later than July 10, 2015, the Seed Parties shall inform the court how they wish to proceed with that claim. If they opt to move to voluntarily dismiss any claim or portion of a claim that this court has not ruled on without prejudice to refiling, the parties should immediately indicate to the court in a written filing whether there is an agreement to the entry of judgment in t hese cases." (order entered in CV 14-00511 SOM-BMK and CV 14-582 SOM-BMK) (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
|
|
Filing
55
ORDER DENYING TO DISMISS "MIRROR-IMAGE" CLAIMS ON RIPENESS GROUNDS AND CONTINUING HEARING ON MERITS OF THAT MOTION; ORDER ADOPTING AMENDED FINDINGS AND RECOMMENDATION AND DENYING MOTION TO REMAND re 38 , 45 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 4/15/2015. "The court denies the Motion to Dismiss the First Amended Complaint in the Atay Action, ECF No. 14 , to the extent it seeks dismissal on ripeness grounds of matters that mirror the issu es raised in the Robert Ito Farm Action. The hearing on the merits of that motion is continued until June 15, 2015, at 9:00 a.m. The court adopts the Amended F&R and denies the Motion to Remand the Atay Action to state court, ECF No. [ 15]." ( 14 Motion to Dismiss filed by County of Maui ; 42 MOTION for Joinder re 14 MOTION to Dismiss filed by Agrigenetics, Inc., Concerned Citizens of Molokai and Maui, Dow Agrosciences LLC, Friendly Isle Auto Parts & Supplies, Inc., Hawaii Farm Bureau Federation, Maui County, Hikiola Cooperative, Molokai Chamber of Commerce, Monsanto Company, New Horizon Enterprises, Inc., Robert Ito Farm, Inc. continued to 6/15/2015 09:00 AM before CHIEF JUDGE SUSAN OKI MOLLWAY.) (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
|
|
Filing
38
AMENDED FINDINGS AND RECOMMENDATION TO DENY PLAINTIFFS' MOTION TO REMAND re 15 , 36 - Signed by MAGISTRATE JUDGE BARRY M. KURREN on 3/4/2015. "Based on the foregoing, this Court finds that it has subject matter jur isdiction over this case, and that the balance of the Brillhart and Dizol factors favor retaining jurisdiction. Accordingly, this Court recommends that Plaintiff's Motion to Remand be DENIED." (emt, )< hr>CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Hawaii District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
