December 20, 2018 |
Filing
438
ORDER Modifying and Adopting As Modified The Magistrate Judge's Finding and Recommendations Regarding Attorneys' Fees and Costs re 428 . "The court adopts the F&R with modified reasoning on the issue of the LUC's sovereign immunity. The LUC waived its sovereign immunity with respect to attorneys' fees, but Bridge has not demonstrated that it is entitled to attorneys' fees. The court awards Bridge $15,085.51 in costs." Signed by JUDGE SUSAN OKI MOLLWAY on 12/20/2018. (cib, )
|
June 27, 2018 |
Filing
404
ORDER Denying State Of Hawaii's Renewed Motion For Judgment As A Matter Of Law Or, In the Alternative, For A New Trial re: 385 . Signed by JUDGE SUSAN OKI MOLLWAY on 6/27/2018. (cib, )
|
February 2, 2018 |
Filing
308
ORDER Addressing Evidentiary Issues And Scheduling Matters." Upon reconsideration, the court grants in part and denies in part the State's Motion in Limine No. 8 to Exclude Evidence and Testimony Concerning Consequential and Contr actual Damages. The court denies the State's additional request that it reconsider its ruling on Motion in Limine No. 1 to Exclude Argument and Evidence as to Alleged Due Process and Equal Protection Violations. As for the reconsideration motio n submitted by Plaintiff, the court invites a response from the State to be submitted no later than February 9, 2018, and an optional reply from Plaintiff to be submitted no later than February 13, 2018.". Signed by JUDGE SUSAN OKI MOLLWAY on 2 /2/18. (cib, )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
|
November 21, 2017 |
Filing
288
ORDER AFFIRMING "ORDER GRANTING STATE OF HAWAII' S MOTION TO STRIKE AND EXCLUDE:(1) PLAINTIFF'S SUPPLEMENTAL EXPERT DISCLOSURE OF DAVID J.BURGER, CPA, SERVED ON JUNE 27, 2016 [DCK. 259]; AND (2) PLAINTIFF'S SECOND SUPPLEMENTAL EXP ERT DISCLOSURE, FILED ON AUGUST 1, 2017 [DCK. 267]; ORDER DENYING MOTION TO AMEND FOURTH AMENDED RULE 16 SCHEDULING ORDER [DKT. 170] FILED 5/5/16."The court affirms the magistrate judges order that excluded Burgers supplemental reports. The cour t is not here deciding whether Burgers original report should be excluded, as that was not sought in the underlying motion, ECF No. 268. The court also denies Bridge Aina's motion to amend the scheduling order, ECF No. 286." Signed by JUDGE SUSAN OKI MOLLWAY on 11/21/17. (cib, )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
|
February 29, 2016 |
Filing
131
ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR SUMMARY JUDGMENT re 105 - Signed by JUDGE SUSAN OKI MOLLWAY on 2/29/2016. "The court grants Defendants' motion for summary judgment with respect to Count I V and Count VIII. The court denies the motion with respect to the takings claims in Count I and Count II, to the extent asserted against the LUC and Official Capacity Commissioners. Those takings claims in Counts I and II are the only claims rem aining for further adjudication." (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
|
August 25, 2015 |
Filing
93
ORDER GRANTING REVISED MOTION TO DISMISS 14 . Signed by CHIEF U.S. DISTRICT JUDGE SUSAN OKI MOLLWAY on 8/25/2015. (afc)Excerpt of conclusion:"This order leaves only the following claims for adjudication: (1) the takings claims for just compensation in Counts I, II, and VIII, to the extent asserted against the Commission and Official Capacity Commissioners; and (2) Count IV, to the extent seeking damages against the Commission and Official Capacity Commissio ners." [footnote omitted]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). All participants are registered to receive electronic notifications.
|
March 30, 2012 |
Filing
48
ORDER STAYING CASE PENDING RESOLUTION OF THE STATE CASE - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 3/30/12. ("The court stays the present case pending the appeal of Judge Strance's order reversing and vacating the Commission 's decision to reclassify the property in issue from urban use to agricultural use. The court administratively closes this case and terminates all pending motions. The case will be reopened upon the parties' submission of written statements either attaching the final appellate decision, or explaining a change in circumstances that warrants the reopening of this case. Upon the reopening of this case, the motions addressed by this order may, upon written request by a party, be reset for such supplemental briefing and/or hearing as may be appropriate, without the needto refile papers already in the case file.") (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic no tifications 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
|