Robert Ito Farm, Inc. v. County of Maui
| Robert Ito Farm, Inc., Hawaii Farm Bureau Federation, Maui County, Molokai Chamber of Commerce, Monsanto Company, Agrigenetics, Inc., Concerned Citizens of Molokai and Maui, Friendly Isle Auto Parts & Supplies, Inc., New Horizon Enterprises, Inc. and Hikiola Cooperative |
| County of Maui |
| Alika Atay, Lorrin Pang, Mark Sheehan, Bonnie Marsh, Lei'ohu Ryder, SHAKA Movement, The Moms on a Mission (MOM) Hui, Molokai Mahiai, Gerry Ross and Center for Food Safety |
| 1:2014cv00511 |
| November 13, 2014 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| Honolulu |
| BARRY M. KURREN |
| Constitutionality of State Statutes |
| 28 U.S.C. ยง 2201 |
| 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
166
ORDER DETERMINING THAT THE COUNTY OF MAUI GMO ORDINANCE IS PREEMPTED AND EXCEEDS THE COUNTY'S AUTHORITY re 39 , 70 , 161 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 6/30/2015. "The Ordinance is preempted by fed eral 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. G iven 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 It o 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 t he Ordinance. 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 Compla int in 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 mo ve 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 these cases." (order entered in CV 14-00511 SOM-BMK and CV 14-00582 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
151
ORDER REQUIRING PLAINTIFFS TO SERVE COUNSEL FOR INTERVENOR-DEFENDANTS IMMEDIATELY WITH ECF NOS. 18 , 19 , AND 20 AND REFERRING TO MAGISTRATE JUDGE REMAINDER OF PLAINTIFFS' MOTION FOR PROTECTIVE ORDER re: 150 . Signed by CHIEF J UDGE SUSAN OKI MOLLWAY on 4/24/2015. (afc)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
134
ORDER EXTENDING INJUNCTION ENTERED INTO BY STIPULATION re 26 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 3/19/2015. "Pursuant to this order, the County is enjoined from enacting, implementing, or enforcing the O rdinance until the court has ruled on the merits of this dispute." 39 MOTION to Dismiss or for Judgment on the Pleadings, or in the Alternative, to Stay Proceeding continued to 6/15/2015 09:00 AM before CHIEF JUDGE SUSAN O KI MOLLWAY; 70 MOTION for Summary Judgment on Claims 1, 2 and 4 continued to 6/15/2015 09:00 AM before CHIEF JUDGE SUSAN OKI MOLLWAY. (emt, )CERTIFICATE OF SERVICEParticipants registere d 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
92
ORDER REGARDING APPEAL OF MAGISTRATE JUDGE'S ORDER DENYING MOMS ON A MISSION HUI, MOLOKA'I MAHI'AI, GERRY ROSS, AND CENTER FOR FOOD SAFETY'S MOTION FOR LEAVE TO INTERVENE; ORDER GRANTING LEAVE TO PROPOSED INTERVENORS TO FILE AMICU S CURIAE BRIEF re 63 , 73 , 77 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 1/9/2015. "The court leaves untouched Magistrate Judge Kurren's intervention ruling. As that ruling was entered when Magistrate Jud ge Kurren was presiding over this case with the consent of the then-existing parties to this case, this court is without authority to review Magistrate Judge Kurren's ruling." "Proposed Intervenors are granted leave to file a brief as amicus curiae in opposition to Plaintiffs' pending summary judgment motion. The brief may be no longer than 3000 words and must be filed no later than January 30, 2015. Absent leave of court, no oral argument by Proposed Interveno rs will be allowed." (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
63
ORDER (1) GRANTING ALIKA ATAY, LORRIN PANG, MARK SHEEHAN, BONNIE MARSH, LEI'OHU RYDER, AND SHAKA MOVEMENT'S MOTION TO INTERVENE AND (2) DENYING MOMS ON A MISSION HUI, MOLOKA'I MAHI'AI, GERRY ROSS AND CENTER FOR FOOD SAFETY'S MOTION FOR LEAVE TO INTERVENE re 37 ; 40 - Signed by Judge BARRY M. KURREN on 12/15/2014. (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
|
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.
