Hawaii Floriculture And Nursery Association v. County of Hawaii
| Biotechnology Industry Organization, Pacific Floral Exchange, Inc., Hawai'i Cattlemen's Council, Inc., Big Island Banana Growers Association, Hawai'i Papaya Industry Association, Hawai'i Floriculture And Nursery Association, Richard Ha, Jason Moniz, Gordon Inouye and Eric Tanouye |
| Hawai'i, County of |
| 1:2014cv00267 |
| June 9, 2014 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| Honolulu |
| UNASSIGNED |
| BARRY M. KURREN |
| Commercial/ICC Rates/etc. |
| 28 U.S.C. ยง 2201 |
| Defendant |
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Filing
70
ORDER GRANTING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT ON CLAIMS ONE AND TWO OF PLAINTIFFS' COMPLAINT re 28 - Signed by Judge BARRY M. KURREN on 11/26/2014. "In light of the foregoing, the Court grants partial summary judgment on Claim 1 for express preemption under federal law, but only to the extent that express federal preemption applies to the Ordinance's ban on field testing of genetically engineered plants that are "plant pests" or "noxious weeds" and are regulated under 7 C.F.R. Part 340. The Court declines to find that the Ordinance is impliedly preempted by federal law. On Claim 2, the Court grants summary judgment in favor of Plaintiffs, concluding that the O rdinance is preempted by Hawaii state law." "Accordingly, the Court enjoins the County from further implementing or enforcing Ordinance 13-121, codified as Hawaii County Code §§ 14-128 et seq. This Order is dispositive o f this case. Judgment shall be entered in favor of Plaintiffs and against Defendant County of Hawaii." (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
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Filing
50
ORDER DENYING MOTION FOR INTERVENTION; ORDER AMENDING BRIEFING SCHEDULE FOR PENDING MOTION FOR SUMMARY JUDGMENT re 34 Motion to Intervene. Signed by Judge BARRY M. KURREN on 08/22/2014. The Court grants Proposed Intervenors amicus status. The Court amends the briefing schedule for the pending Motion for Summary Judgment: Defendant and Amici Curiae may file one opposition memorandum each, no later than September 18, 2014; Plaintiffs may file a reply memo randum no later than October 9, 2014 (eps) 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
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