Honolulutraffic.com et al v. Federal Transit Administration et al
Plaintiff: Cliff Slater, Benjamin J. Cayetano, Walter Heen, Hawaii's Thousand Friends, Small Business Hawaii Entrepreneurial Education Foundation, Randall W. Roth, Michael Uechi and Honolulutraffic.com
Defendant: Federal Transit Administration, Leslie Rogers, Peter M. Rogoff, United States Department of Transporation, Ray LaHood, City and County of Honolulu, The and Wayne Yoshioka
Case Number: 1:2011cv00307
Filed: May 12, 2011
Court: US District Court for the District of Hawaii
Office: Hawaii Office
County: Honolulu
Presiding Judge: A. WALLACE TASHIMA
Nature of Suit: Environmental Matters
Cause of Action: 42:4321
Jury Demanded By: None

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Date Filed Document Text
April 22, 2013 Opinion or Order Filing 227 ORDER RE MOTION TO MODIFY PARTIAL INJUNCTION 215 202 . Signed by JUDGE A. WALLACE TASHIMA on 4/22/2013. ~ For the forgoing reasons, the court concludes that it is without jurisdiction to grant City Defendants' motion. The motion is therefore DENIED. This denial, however, is without prejudice to the further proceedings set forth below. Plaintiffs have made it known that, if this court had jurisdiction, they would not oppose certain of the modifications sought by City Defendan ts. The court thus hereby indicates that if City Defendants can obtain a Crateo remand from the Ninth Circuit, this court would look favorably on City Defendants' motion to modify the partial injunction to the extent that: (1) it is not oppos ed by Plaintiffs; and (2) City Defendants and Plaintiffs can reach agreement on the language of such modifications. ** Motions terminated: 215 . (ecs, )CERTIFICATE OF SERVICEParticipants registered to rec eive 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
November 1, 2012 Opinion or Order Filing 182 ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT re 109 ; 143 ; 145 . Signed by JUDGE A. WALLACE TASHIMA on 11/01/2012. (eps ) -- For the reasons set forth above: A. The Court grants Plaintiffs Motion for Summary Judgment (Doc. 109 ) with respect to: (1) their Section 4(f) claims that Defendants arbitrarily and capriciously failed to complete reasonable efforts to identify above-ground TCPs prior to issuing the ROD; (2) Defendants' failure adequately to consider the B eretania Street Tunnel alternative prior to eliminating it as imprudent; and (3) Defendants' failure adequately to consider whether the Project will constructively use Mother Waldron Park. B. The Court grants Defendants Motion for Summary Judgment (Doc. 145 ) with respect to all other claims raised in said motion. C. The Court does not enter a final judgment and/or a permanent injunction at this time. While an injunction may be appropriate in this case, issuance of an injunct ion does not automatically follow, nor do the terms of any such injunction. To achieve these ends, the court invites briefing on whether a permanent injunction and/or a declaratory judgment should issue, and the scope of any such equitable relief, i n order properly to assess the balance of equities between the parties, as well as where the public interest lies. To afford the parties the opportunity to brief and argue these issues, concurrently with this Order, the Court is issuing a Scheduling Order re Remedy 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
May 17, 2012 Opinion or Order Filing 137 ORDER ON DEFENDANTS' MOTIONSFOR PARTIAL SUMMARY JUDGMENT. Signed by JUDGE A. WALLACE TASHIMA on 5/17/2012. ~ 1. City Defendants' first Motion for Partial Summary Judgment (Doc. 86 ) is denied with respect to Plaintiffs' Section 4(f) claim regarding Mother Waldron Park. The motion is granted as to Plaintiffs' Section 4(f) claims concerning Piers 10/11, the Pacific War Memorial Site, the Makalapa Navy Housing Historic District, the Hawaii Employers Council Buildi ng, the Tamura Building, Keehi Lagoon Park, Queen Street Park, and any other Section 4(f) sites not mentioned in Plaintiffs' standing declarations. 2. City Defendants' second Motion for Partial Summary Judgment (Doc. 95 ) is granted with respect to the DOT Harbors Division Building, the Pearl Harbor National Historic Landmark, and the Merchant Street Historic District. The motion is denied as to any other Section 4(f) sites not specifically identified by Plaintiffs durin g the notice-and-comment process and not specified by name in City Defendants' motion. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document elec tronically 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 Modified to WO on 5/17/2012 (lls, ).
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Search for this case: Honolulutraffic.com et al v. Federal Transit Administration et al
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Plaintiff: Cliff Slater
Represented By: Nicholas C. Yost
Represented By: Michael Jay Green
Represented By: Matthew G. Adams
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Plaintiff: Benjamin J. Cayetano
Represented By: Nicholas C. Yost
Represented By: Michael Jay Green
Represented By: Matthew G. Adams
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Plaintiff: Walter Heen
Represented By: Nicholas C. Yost
Represented By: Michael Jay Green
Represented By: Matthew G. Adams
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Plaintiff: Hawaii's Thousand Friends
Represented By: Matthew G. Adams
Represented By: Michael Jay Green
Represented By: Nicholas C. Yost
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Plaintiff: Small Business Hawaii Entrepreneurial Education Foundation
Represented By: Matthew G. Adams
Represented By: Michael Jay Green
Represented By: Nicholas C. Yost
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Plaintiff: Randall W. Roth
Represented By: Matthew G. Adams
Represented By: Michael Jay Green
Represented By: Nicholas C. Yost
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Plaintiff: Michael Uechi
Represented By: Matthew G. Adams
Represented By: Michael Jay Green
Represented By: Nicholas C. Yost
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Plaintiff: Honolulutraffic.com
Represented By: Nicholas C. Yost
Represented By: Michael Jay Green
Represented By: Matthew G. Adams
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Defendant: Federal Transit Administration
Represented By: Peter C. Whitfield
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Defendant: Leslie Rogers
Represented By: Peter C. Whitfield
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Defendant: Peter M. Rogoff
Represented By: Peter C. Whitfield
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Defendant: United States Department of Transporation
Represented By: Peter C. Whitfield
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Defendant: Ray LaHood
Represented By: Peter C. Whitfield
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Defendant: City and County of Honolulu, The
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Defendant: Wayne Yoshioka
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