DW Aina Le'a Development, LLC v. State of Hawaii and its Land Use Commission
| DW Aina Le'a Development, LLC |
| State of Hawaii and its Land Use Commission, State of Hawaii, Land Use Commission, State of Hawaii and Doe Governmental Units 1-10 |
| 1:2017cv00113 |
| March 13, 2017 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| Honolulu |
| SUSAN OKI MOLLWAY |
| WES REBER PORTER |
| RICHARD L PUGLISI |
| Real Property: Other |
| 28 U.S.C. § 1331 Fed. Question: Violation 5th & 8th Amendment |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 25, 2022. A more recent docket listing may be available from PACER.
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Filing 111
CLERK'S JUDGMENT entered on 5/25/2020 re: #110 ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF'S MOTION FOR LEAVE TO AMEND. (cib)
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Filing 110
ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF'S MOTION FOR LEAVE TO AMEND re #71 , #76 . Signed by JUDGE SUSAN OKI MOLLWAY on 5/25/2022.Defendants' motion for summary judgment is granted. Plaintiff's motion for leave to amend is denied. Judgment to be entered in favor of Defendants. (cib)
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Filing 109
EP: Hearing on #71 Defendant State of Hawai'i, Land Use Commission and Defendant State of Hawaii's Motion for Summary Judgment, as to All Claims of Plaintiff DW Aina Le'a Development, LLCs Complaint; #76 Plaintiff's Motion for Leave to File Amended Complaint and to Amend the Scheduling Order to Permit Joinder of Additional Plaintiffs; and #105 Defendants Motion to Disqualify Attorney Sang J. Peter Sim as Counsel for Plaintiff and to Revoke His Pro Hac Vice, held by Video Conference("VTC").Oral arguments heard. #105 Defendants Motion to Disqualify Attorney Sang J. Peter Sim as Counsel for Plaintiff and to Revoke His Pro Hac Vice-DENIED. No written order to be issued. #76 Plaintiff's Motion for Leave to File Amended Complaint and to Amend the Scheduling Order to Permit Joinder of Additional Plaintiffs- TAKEN UNDER ADVISEMENT. Court to issue written order. #71 Defendant State of Hawai'i, Land Use Commission and Defendant State of Hawaii's Motion for Summary Judgment, as to All Claims of Plaintiff DW Aina Le'a Development, LLCs Complaint- TAKEN UNDER ADVISEMENT. Court to issue written order. (Reporter-Gloria Bediamol) (JUDGE SUSAN OKI MOLLWAY)(tl)
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Filing 108
MEMORANDUM in Opposition re #105 MOTION to Disqualify Counsel DEFENDANTS MOTION TO DISQUALIFY ATTORNEY SANG J. PETER SIM AS COUNSEL FOR PLAINTIFF AND TO REVOKE HIS PRO HAC VICE filed by DW Aina Le'a Development, LLC. (Attachments: #1 Declaration of Sang J. Peter Sim, #2 Declaration of Robert Wessels, #3 Certificate of Service)(Washkowitz, Jared)
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Filing 107
EO: The court sets the motion to disqualify counsel for hearing on May 24, 2022, at 10 a.m., before the district judge, along with the summary judgment motion and the motion to amend. Plaintiff's written response is due by noon on May 19, 2022. Any reply by the movant may be presented orally at the hearing.(tl)
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Filing 106
Return of Service on Subpoena Sidney Fuke was served on 5/06/2022 (Berger, Thomas)
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Filing 105
MOTION to Disqualify Counsel DEFENDANTS MOTION TO DISQUALIFY ATTORNEY SANG J. PETER SIM AS COUNSEL FOR PLAINTIFF AND TO REVOKE HIS PRO HAC VICE Thomas Johannes Berger appearing for Defendants State of Hawaii, State of Hawaii, Land Use Commission (Attachments: #1 Memorandum, #2 Declaration, #3 Exhibit 1 (DW DCCA Info), #4 Exhibit 2 (NY State Citadel Info), #5 Exhibit 3 (2008 Sub. Ag.), #6 Exhibit 4 (2009 Letter to Citadel), #7 Exhibit 5 (Mr. Sim re DW implementation plan), #8 Exhibit 6 (2010 Letter), #9 Exhibit 7 (2012 Minutes re DW), #10 Exhibit 8 (2011 Email), #11 Exhibit 9 (Pro hac vice appl.), #12 Exhibit 10 (2022 Email))(Berger, Thomas)
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Filing 104
FIRST STIPULATION TO EXTEND THE DISPOSITIVE MOTIONS DEADLINE AND ORDER - Signed by MAGISTRATE JUDGE WES REBER PORTER on 5/5/2022. (jo)
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Filing 103
RESPONSE re 99 Link,,,, DEFENDANTS STATE OF HAWAII, LAND USE COMMISSION AND STATE OF HAWAIIS SUPPLEMENTAL SUBMISSION PURSUANT TO DKT. 99 filed by State of Hawaii, State of Hawaii, Land Use Commission. (Berger, Thomas)
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Filing 102
RESPONSE re 94 Link, Supplemental Response filed by DW Aina Le'a Development, LLC. (Attachments: #1 Exhibit A, #2 Certificate of Service)(Washkowitz, Jared)
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Filing 101
TRANSCRIPT of Proceedings #71 DEFTS' MOTION FOR SUMMARY JUDGMENT AS TO ALL CLAIMS OF PLTFF DW AINA LE'A held on 2/22/2022, before Judge SUSAN OKI MOLLWAY. Court Reporter - Cynthia Fazio, Telephone number - (808) 541-2063, Email Address - cf@hid.uscourts.gov. PP. - 27 90-Day Transcript Restriction: PACER access to filed transcripts is restricted for 90 days from the file date to permit redaction of personal identifiers. Citations to restricted transcripts in filed documents must be limited to those portions of the proceedings that are relevant and in need of judicial review. Attaching restricted transcripts, in their entirety, to filed documents should be limited to situations with specific need. Transcript may be viewed at the court public terminal or ordered through the Court Reporter before the deadline for Release of Transcript. Redaction Request due 5/10/2022. Redacted Transcript Deadline set for 5/20/2022. Release of Transcript Restriction set for 7/18/2022. (Fazio, Cynthia)
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Filing 100
CERTIFICATE OF SERVICE by DW Aina Le'a Development, LLC re: Plaintiff's Expert Witness Disclosure Pursuant to Fed.R.Civ.P. 26(a)(2)(C) (Washkowitz, Jared)
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Filing 99
EO: The court has received the parties' proposals for deciding the pending motions. The parties submissions indicate that the 2021 Assignment that was the subject of considerable discussion at the last hearing was actually created in March 2022. The court directs the parties to file supplemental submissions of no more than 1,000 words for each side addressing (1) whether the creation of the written assignment after the deadline for amending pleadings and in apparent response to Defendants' pending motions should affect the resolution of those motions; (2) whether DW is arguing that any assignment that was not memorialized in writing is enforceable by this court and, if so, under what law; and (3) how the statement in ECF No. #93 that "the Action always belonged to DW and would continue to be prosecuted by DW" can be reconciled with the Bankruptcy Courts order identifying this Action as retained by the debtor, which was not DW. The parties submissions should be filed no later than noon on April 26, 2022. (JUDGE SUSAN OKI MOLLWAY)(cib)
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Filing 98
STATEMENT re #76 MOTION to Amend/Correct #68 Scheduling Order re: PLAINTIFFS MOTION FOR LEAVE TO FILE AMENDED COMPLAINT AND TO AMEND THE SCHEDULING ORDER TO PERMIT JOINDER OF ADDITIONAL PLAINTIFFS - Plaintiff's Proposal re EO No. 94 filed by DW Aina Le'a Development, LLC. (Attachments: #1 Certificate of Service)(Washkowitz, Jared)
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Filing 97
EO: The District of Hawaii is modifying its COVID-related jury trial procedures. Case-specific pretrial juror questionnaires are being phased out and are not expected to be routine as we approach the trial date in this case. The trial judge therefore will no longer be requiring the parties to submit case-specific draft juror questionnaires and removes from the calendar the status conference with the district judge to discuss draft juror questionnaires. If questionnaires end up being used (a matter not being determined in this minute order), the questionnaire will likely be in a generic form approved for use throughout the district. The court reserves the right to implement new procedures if future developments (including but not limited to COVID circumstances) make other procedures appropriate. (JUDGE SUSAN OKI MOLLWAY)(cib)
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Filing 96
SUPPLEMENT re #76 MOTION to Amend/Correct #68 Scheduling Order re: PLAINTIFFS MOTION FOR LEAVE TO FILE AMENDED COMPLAINT AND TO AMEND THE SCHEDULING ORDER TO PERMIT JOINDER OF ADDITIONAL PLAINTIFFS filed by DW Aina Le'a Development, LLC, 94 Link, #71 MOTION for Summary Judgment as to All Claims of Plaintiff DW Aina Le'a Development, LLC's Complaint [Dkt #1] filed by State of Hawaii, State of Hawaii, Land Use Commission by State of Hawaii, State of Hawaii, Land Use Commission PROPOSAL RE: EO, DKT. 94. (Berger, Thomas)
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Filing 95
TRANSCRIPT of Proceedings Plf's MOTION via Video Teleconference held on March 28, 2022, before Judge Susan Oki Mollway. Court Reporter/Transcriber - ANN MATSUMOTO, Telephone number - 8085412061, Email Address - am@hid.uscourts.gov. PP. - 28 90-Day Transcript Restriction: PACER access to filed transcripts is restricted for 90 days from the file date to permit redaction of personal identifiers. Citations to restricted transcripts in filed documents must be limited to those portions of the proceedings that are relevant and in need of judicial review. Attaching restricted transcripts, in their entirety, to filed documents should be limited to situations with specific need. Transcript may be viewed at the court public terminal or ordered through the Court Reporter before the deadline for Release of Transcript. Redaction Request due 5/2/2022. Redacted Transcript Deadline set for 5/12/2022. Release of Transcript Restriction set for 7/11/2022. (Matsumoto, Ann)
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Filing 94
EO: The court has reviewed Plaintiffs' supplemental submission. By noon on Monday, April 18, the parties should submit to the court proposals on how to proceed on the pending motions. For instance, this court could order further supplemental briefing, invite discovery, decide the pending motions based on the present record, simply hold the hearing now on the calendar, or pursue some other course. (JUDGE SUSAN OKI MOLLWAY)(cib)
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Filing 93
SUPPLEMENT re #76 MOTION to Amend/Correct #68 Scheduling Order re: PLAINTIFFS MOTION FOR LEAVE TO FILE AMENDED COMPLAINT AND TO AMEND THE SCHEDULING ORDER TO PERMIT JOINDER OF ADDITIONAL PLAINTIFFS filed by DW Aina Le'a Development, LLC by DW Aina Le'a Development, LLC . (Attachments: #1 Certificate of Service)(Washkowitz, Jared)
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Filing 92
CERTIFICATE OF SERVICE by State of Hawaii, State of Hawaii, Land Use Commission [Re: (1) Defendants Third Request for Production of Documents to Plaintiff and (2) Defendants Third Request to Plaintiff for Answers to Interrogatories; Exhibit A [Doc. 88-5]] (Berger, Thomas)
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Filing 91
EP: #76 Plaintiff's Motion for Leave to File Amended Complaint and to Amend the Scheduling Order to Permit Joinder of Additional Plaintiffs held by Video Conference("VTC").Discussion held.Further hearing on #76 Plaintiff's Motion for Leave to File Amended Complaint and to Amend the Scheduling Order to Permit Joinder of Additional Plaintiffs, and #71 Defendant State of Hawai'i, Land Use Commission and Defendant State of Hawaii's Motion for Summary Judgment as to All Claims of Plaintiff DW Aina Le'a Development, LLC's Complaint is set for 5/24/2022 at 10:00 AM by Video Conference (VTC). The courtroom manager will provide the applicable participants with instructions and information to connect by video prior to the scheduled video conference date.Plaintiff must file a supplemental submission by April 8, 2022 providing the Court with dates of any assignment that is referred to in the 2019 Bankruptcy order as between any Aina Le'a entity and DW, and the name of the attorney who filed the document.Responses to any document requests from either party shall be submitted within two weeks from the date of the request.(Reporter-Ann Matsumoto) (JUDGE SUSAN OKI MOLLWAY)(rls)
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Filing 90
SURREPLY re #88 Memorandum, 89 Link,, #71 MOTION for Summary Judgment as to All Claims of Plaintiff DW Aina Le'a Development, LLC's Complaint [Dkt #1] filed by State of Hawaii, State of Hawaii, Land Use Commission. (Berger, Thomas) Modified on 3/15/2022 (jo)
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Filing 89
EO: Defendants may file an optional response to Plaintiff's supplemental brief by no later than March 17, 2022. That response may be no more than 500 words in length. It should be limited to the issue of whether DW Aina Lea has standing. In particular, Defendants should address the effect of Plaintiff's Supplemental Exhibit 4, which appears to show that Aina Lea, Inc. assigned the claims at issue in the action back to DW on January 29, 2021, on their assertions that DW lacks standing. (JUDGE SUSAN OKI MOLLWAY)(cib)
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Filing 88
MEMORANDUM re #78 Memorandum in Opposition to Motion, Supplemental Memorandum in Opposition to Motion for Summary Judgment filed by DW Aina Le'a Development, LLC. (Attachments: #1 Declaration, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Certificate of Service)(Washkowitz, Jared)
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Filing 87
REPLY re #76 MOTION to Amend/Correct #68 Scheduling Order re: PLAINTIFFS MOTION FOR LEAVE TO FILE AMENDED COMPLAINT AND TO AMEND THE SCHEDULING ORDER TO PERMIT JOINDER OF ADDITIONAL PLAINTIFFS filed by DW Aina Le'a Development, LLC. (Attachments: #1 Certificate of Service)(Washkowitz, Jared)
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Filing 86
MEMORANDUM in Opposition re #76 MOTION to Amend/Correct #68 Scheduling Order re: PLAINTIFFS MOTION FOR LEAVE TO FILE AMENDED COMPLAINT AND TO AMEND THE SCHEDULING ORDER TO PERMIT JOINDER OF ADDITIONAL PLAINTIFFS filed by State of Hawaii, State of Hawaii, Land Use Commission. (Berger, Thomas)
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Filing 85
EO: As the court stated at today's hearing, if Plaintiff has in its possession documents it wishes to rely on to rebut Defendants' assertion that Plaintiff did not have a property interest in the Ouli Wells before the Hawaii Supreme Court vacated the Reversion Order, Plaintiff must file a supplemental submission attaching those documents by March 10, 2022. That submission may also include no more than 350 words discussing the relevance of the attached documents. At today's hearing, Plaintiff appeared to contend that it has an interest in the outcome of this action based on an agreement that Plaintiff and Aina Lea, LLC signed in January 2012. Under the terms of that agreement, Aina Lea agreed to pay Plaintiff "the sum of $17,000,000, to be paid by Aina Lea issuing [an] unsecured note, which note shall then be paid from the proceeds of future parcel resales by Aina Lea[.]" ECF No. 72-23, PageID # 1072. At the hearing, Plaintiff appeared to assert that the $17 million obligation and the unsecured note survived Aina Lea's chapter 11 bankruptcy proceedings. The court directs Plaintiff to file, by March 10, 2022, a supplemental submission of no more than 500 words explaining how the $17 million obligation and the unsecured note survived those bankruptcy proceedings. In this regard, the court notes that the final order confirming Aina Lea's chapter 11 reorganization plan does not mention the $17 million obligation.After reviewing both supplemental submissions, the court will decide if further briefing is necessary. (JUDGE SUSAN OKI MOLLWAY)(cib)
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Filing 84
EP: #71 Defendant State of Hawai'i, Land Use Commission and Defendant State of Hawaii's Motion for Summary Judgment, as to All Claims of Plaintiff DW Aina Le'a Development, LLCs Complaint.Hearing held by Video Conference("VTC").Discussion held.Plaintiff's counsel to submit memo by March 10, 2022. Memo limited to 350 words.Oral arguments heard. #71 Defendant State of Hawai'i, Land Use Commission and Defendant State of Hawaii's Motion for Summary Judgment, as to All Claims of Plaintiff DW Aina Le'a Development, LLCs Complaint-TAKEN UNDER ADVISEMENT.Court to issue written ruling.(Reporter-Cynthia Fazio) (JUDGE SUSAN OKI MOLLWAY)(tl)
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Filing 83
EO: The court denies the ex parte motion seeking to consolidate the hearings on the summary judgment motion and the motion to amend. The court notes that the ex parte motion fails to include any mention of an attempt to discern the nonmoving party's position, as required by Local Rule 7.10. At this point, the court is preparing to hear the summary judgment motion in just a few days, having had to strain to prepare within the condensed time that the court had complete briefing once the court allowed the briefing extensions requested by the parties. It may be that any summary judgment ruling will be combined with a ruling on the motion to amend, but the hearing dates remain unchanged. During the pandemic, the district judge has not been issuing her usual prehearing inclinations, and the district judge does not presently plan to issue inclinations in this case. re #82 . (JUDGE SUSAN OKI MOLLWAY)(cib)
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Filing 82
EX PARTE Request THAT DEFENDANTS MOTION FOR SUMMARY JUDGMENT (ECF NO. 71) BE HEARD ON THE SAME DATE AS PLAINTIFFS MOTION TO AMEND (ECF NO. 76) Jared A. Washkowitz appearing for Plaintiff DW Aina Le'a Development, LLC (Attachments: #1 Declaration, #2 Certificate of Service)(Washkowitz, Jared)
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Filing 81
CONCISE STATEMENT of Facts re #80 Reply, filed by State of Hawaii, State of Hawaii, Land Use Commission. (Attachments: #1 Declaration of Thomas J. Berger, #2 Exhibit 43, #3 Exhibit 44, #4 Certificate of Compliance, #5 Certificate of Service)(Berger, Thomas)
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Filing 80
REPLY re #71 MOTION for Summary Judgment as to All Claims of Plaintiff DW Aina Le'a Development, LLC's Complaint [Dkt #1] filed by State of Hawaii, State of Hawaii, Land Use Commission. (Attachments: #1 Certificate of Compliance, #2 Certificate of Service)(Berger, Thomas)
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ADVISORY ENTRY-Exhibits not Labeled - Please be advised that exhibits attached to Document #78 Memorandum in Opposition are not labeled. The filing party may refer to Section 5.0 - Exhibits, of the CM/ECF Procedures Guide, which states " All exhibits attached to papers shall show the exhibit number or letter at the bottom of the first page of the exhibit." No further action is necessary. (jo)
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Filing 79
CONCISE STATEMENT in Opposition re #71 MOTION for Summary Judgment as to All Claims of Plaintiff DW Aina Le'a Development, LLC's Complaint [Dkt #1] filed by DW Aina Le'a Development, LLC. (Attachments: #1 Certificate of Service)(Washkowitz, Jared)
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Filing 78
MEMORANDUM in Opposition re #71 MOTION for Summary Judgment as to All Claims of Plaintiff DW Aina Le'a Development, LLC's Complaint [Dkt #1] filed by DW Aina Le'a Development, LLC. (Attachments: #1 Declaration of Counsel, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Declaration of Robert Wessels, #7 Certificate of Compliance, #8 Certificate of Service)(Washkowitz, Jared)
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Filing 77
NOTICE of Hearing on #76 Plaintiffs Motion for Leave to File Amended Complaint and to Amend the Scheduling Order to Permit Joinder of Additional Plaintiffs. Motion Hearing by Video Conference(VTC)is set for 3/28/2022 at 10:00 AM before JUDGE SUSAN OKI MOLLWAY. The courtroom manager will provide the applicable participants with instructions and information to connect by video prior to the scheduled video conference date. (tl)
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Filing 76
MOTION to Amend/Correct #68 Scheduling Order re: PLAINTIFFS MOTION FOR LEAVE TO FILE AMENDED COMPLAINT AND TO AMEND THE SCHEDULING ORDER TO PERMIT JOINDER OF ADDITIONAL PLAINTIFFS Jared A. Washkowitz appearing for Plaintiff DW Aina Le'a Development, LLC (Attachments: #1 Memorandum of Law, #2 Declaration of Sang J. Peter Sim, #3 Exhibit A, #4 Declaration of Robert Wessels, #5 Certificate of Service)(Washkowitz, Jared) Modified on 2/7/2022 (jo)
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Filing 75
FIRST STIPULATION TO CONTINUE TIME FOR PLAINITFF TO FILE OPPOSITION TO THE SUMMARY JUDGMENT MOTION AND DEFENDANTS' TIME TO FILE A REPLY; ORDER. Signed by JUDGE SUSAN OKI MOLLWAY on 1/31/2022. (cib)
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Filing 74
NOTICE by State of Hawaii, State of Hawaii, Land Use Commission re #71 MOTION for Summary Judgment as to All Claims of Plaintiff DW Aina Le'a Development, LLC's Complaint [Dkt #1] OF ERRATUM RE CERTIFICATE OF COMPLIANCE [DKT NO. 71-2], AND AMENDED CERTIFICATE OF COMPLIANCE RE MEMORANDUM IN SUPPORT OF MOTION [DKT. NO. 71-1] State of Hawaii, State of Hawaii, Land Use Commission. (Berger, Thomas)
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Filing 73
NOTICE of Hearing on Motion #71 MOTION for Summary Judgment as to All Claims of Plaintiff DW Aina Le'a Development, LLC's Complaint [Dkt #1]. A Video Teleconference("VTC") Motion Hearing is set for 2/22/2022 at 9:00 AM before JUDGE SUSAN OKI MOLLWAY. The courtroom manager will provide the applicable participants with instructions and information to connect by video prior to the scheduled video conference date. (tl)
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Filing 72
CONCISE STATEMENT of Facts in Support of Defendant State of Hawaii, Land Use Commission and Defendant State of Hawaii's Motion for Summary Judgment, as to All Claims of Plaintiff DW Aina Lea Development, LLC's Complaint [Dkt #1] filed by State of Hawaii, State of Hawaii, Land Use Commission. (Attachments: #1 Declaration of Riley Hakoda, #2 Declaration of David D. Day, #3 Declaration of Thomas J. Berger, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, #20 Exhibit 17, #21 Exhibit 18, #22 Exhibit 19, #23 Exhibit 20, #24 Exhibit 21, #25 Exhibit 22, #26 Exhibit 23, #27 Exhibit 24, #28 Exhibit 25, #29 Exhibit 26, #30 Exhibit 27, #31 Exhibit 28, #32 Exhibit 29, #33 Exhibit 30, #34 Exhibit 31, #35 Exhibit 32, #36 Exhibit 33 Part 1 of 2, #37 Exhibit 33 Part 2 of 2, #38 Exhibit 34, #39 Exhibit 35, #40 Exhibit 36, #41 Exhibit 37, #42 Exhibit 38, #43 Exhibit 39, #44 Exhibit 40, #45 Exhibit 41, #46 Exhibit 42, #47 Certificate of Compliance, #48 Certificate of Service)(Berger, Thomas)
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Filing 71
MOTION for Summary Judgment as to All Claims of Plaintiff DW Aina Le'a Development, LLC's Complaint [Dkt #1] Thomas Johannes Berger appearing for Defendants State of Hawaii, State of Hawaii, Land Use Commission (Attachments: #1 Memorandum in Support of Motion, #2 Certificate of Compliance, #3 Certificate of Service)(Berger, Thomas)
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Filing 70
NOTICE of Appearance by Thomas Johannes Berger on behalf of State of Hawaii, State of Hawaii, Land Use Commission on behalf of State of Hawaii, State of Hawaii, Land Use Commission. (Berger, Thomas)
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Filing 69
AMENDED ORDER SETTING SETTLEMENT CONFERENCE - Signed by MAGISTRATE JUDGE WES REBER PORTER on 11/3/2021. Pursuant to LR 16.5(b), all parties to this matter are ORDERED TO APPEAR for a confidential settlement conference, on July 29, 2022 at 10:00 a.m. (jo)
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Filing 68
SECOND AMENDED RULE 16 SCHEDULING ORDER - Signed by MAGISTRATE JUDGE WES REBER PORTER on 11/3/2021. (jo)
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Filing 67
EO: In light of the continuance of the trial to October 18, 2022, the court continues the telephone status conference with the district judge to discuss juror questionnaires to July 11, 2022, at 10:00 a.m., with the parties proposed questionnaire(s) due by July 5, 2022. (JUDGE SUSAN OKI MOLLWAY)(cib)
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Filing 66
EO: Pursuant to ECF #65 , Second Stipulation and Order to Continue Trial Date and Pretrial Deadlines, Second Amended Rule Scheduling Order to be issue. Jury Selection/Trial is set for 08:30 AM on 10/18/2022 before JUDGE SUSAN OKI MOLLWAY.Final Pretrial Conference is set for 9/6/2022 at 10:00 AM before MAGISTRATE JUDGE WES REBER PORTER. Settlement Conference is set for 7/29/2022 at 10:00 AM in Telephonic Hearing before MAGISTRATE JUDGE WES REBER PORTER. The Court to provide details regarding VTC access prior to the conference date.Settlement Conference statements by 7/22/2022.Discovery due by 8/22/2022. Dispositive Motions filed by 5/18/2022. (MAGISTRATE JUDGE WES REBER PORTER)(jp)
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Filing 65
SECOND STIPULATION AND ORDER TO CONTINUE TRIAL DATE AND PRETRIAL DEADLINES - Signed by MAGISTRATE JUDGE WES REBER PORTER on 11/2/2021. (jo)
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Filing 64
Return of Service on Subpoena Sidney Fuke, Planning Consultant was served on 9/28/2021 (Chun, Lauren)
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Filing 63
Return of Service on Subpoena Truestyle Pacific Builders, LLC was served on 9/27/2021 (Chun, Lauren)
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Filing 62
NOTICE by State of Hawaii Issuance of Subpoena Duces Tecum to Custodian of Records State of Hawaii. (Chun, Lauren)
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Filing 61
NOTICE by State of Hawaii Taking Deposition Upon Written Questions State of Hawaii. (Chun, Lauren)
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Filing 60
NOTICE by State of Hawaii Issuance of Subpoena Duces Tecum to Custodian of Records State of Hawaii. (Attachments: #1 Subpoena to Produce Documents, #2 Exhibit A, #3 Exhibit B)(Chun, Lauren)
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Filing 59
NOTICE by State of Hawaii Issuance of Subpoena Duces Tecum to Custodian of Records State of Hawaii. (Attachments: #1 Subpoena to Produce Documents, #2 Exhibit A, #3 Exhibit B)(Chun, Lauren)
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Filing 58
CERTIFICATE OF SERVICE by State of Hawaii Re: Defendants' (1) Second Request for Answers to Interrogatories, and (2) Second Request for Production of Documents, served on September 21, 2021 (Day, David)
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Filing 57
Return of Service on Subpoena Custodian of Records of Goodfellow Bros., Inc. was served on September 16, 2021 (Day, David)
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Filing 56
EO: In case COVID protocols are still in place in 2022, the court sets a telephone status conference for 11:00 a.m. on March 21, 2022, to discuss the juror questionnaire that the court, pursuant to its COVID procedures, will mail out to prospective jurors ahead of the trial. The parties are directed to meet to discuss a proposed form of the questionnaire and to submit either a joint proposed questionnaire or, if no agreement can be reached, separate proposed questionnaires no later than March 14, 2022. The court refers the parties to the court's website for a sample questionnaire, which the parties may adjust (the sample is for a criminal case, and it does not consider vaccination issues). (JUDGE SUSAN OKI MOLLWAY)(cib)
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Filing 55
CERTIFICATE OF SERVICE Re: Notice of Issuance of Subpoena Duces Tecum to Custodian of Records of Goodfellow Bros., Inc. by State of Hawaii (Day, David) Modified on 9/17/2021 (jo)
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Filing 54
AMENDED ORDER SETTING SETTLEMENT CONFERENCE - Signed by MAGISTRATE JUDGE WES REBER PORTER on 9/10/2021. Pursuant to LR 16.5(b), all parties to this matter are ORDERED TO APPEAR for a confidential settlement conference, on December 20, 2021 at 10:00 a.m. (jo)
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Filing 53
AMENDED RULE 16 SCHEDULING ORDER - Signed by MAGISTRATE JUDGE WES REBER PORTER on 9/10/2021. (jo)
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Filing 51
CERTIFICATE OF SERVICE by State of Hawaii (Day, David)
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Filing 52
AMENDED EO: Pursuant to [Dkt. No. 49], an Amended Rule 16 Scheduling Order to be issued. Jury Selection/Trial is set for 08:30 AM on 5/24/2022 in Courtroom 8 before JUDGE SUSAN OKI MOLLWAY. Final Pretrial Conference is set for 4/12/2022 at 10:00 AM before MAGISTRATE JUDGE WES REBER PORTER. Settlement Conference is set for 12/20/2021 at 10:00 AM by Video Teleconference before MAGISTRATE JUDGE WES REBER PORTER. The Court will provide details regarding VTC access prior to the conference date. Dispositive Motions filed by 12/22/2021. Discovery due by 3/28/2022. (MAGISTRATE JUDGE WES REBER PORTER)(jp)
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Filing 50
EO: Pursuant to [Dkt. No. 49], an Amended Rule 16 Scheduling Order to be issued.Jury Selection/Trial is set for 09:00 AM on 5/24/2022 before JUDGE SUSAN OKI MOLLWAY. Final Pretrial Conference is set for 5/10/2022 at 10:00 AM in Courtroom 7 before MAGISTRATE JUDGE WES REBER PORTER.Settlement Conference is set for 12/20/2021 at 10:00 AM by Video Conference before MAGISTRATE JUDGE WES REBER PORTER. Dispositive Motions filed by 12/22/2021. Discovery due by 2/15/2022. (MAGISTRATE JUDGE WES REBER PORTER)(rls, )
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Filing 49
EO: On 8/31/2021, the parties submitted a proposed stipulation to the Court asking to continue trial for a period of over 6 months. The Court finds that the parties have failed to demonstrate good cause to grant such a lengthy continuance to the pretrial deadlines at this time. Instead, the Court GRANTS a two month continuance of the trial date from 3/22/2022 to 5/24/2022 with the related deadlines set accordingly. If the parties seek additional continuance of the trial date, then they must submit a Second Stipulation to Continue Trial once they have further information regarding potential scheduling conflicts including dates and location of reserve training and military orders. (MAGISTRATE JUDGE WES REBER PORTER)(rls, )
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Filing 48
CERTIFICATE OF SERVICE by DW Aina Le'a Development, LLC re: Plaintiff's First Request For Answers to Interrogatories and First Request for Production of Documents to Defendant (Washkowitz, Jared)
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Filing 47
CERTIFICATE OF SERVICE by State of Hawaii First Request for Production of Documents (Day, David)
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Filing 46
CERTIFICATE OF SERVICE by State of Hawaii Interrogatory (Day, David) (Defendants State of Hawai'i, Land Use Commission and State of Hawaii's First Request for Answers to Interrogatories to Plaintiff DW Aina Le'a Development, LLC) Modified on 4/23/2021 (jo)
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Filing 45
CERTIFICATE OF SERVICE by DW Aina Le'a Development, LLC (Washkowitz, Jared)
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Filing 44
CERTIFICATE OF SERVICE by State of Hawaii Initial Disclosures (Day, David)
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Filing 43
PARTIES' CLAWBACK AGREEMENT AND ORDER - Signed by MAGISTRATE JUDGE WES REBER PORTER on 4/8/2021. (jo)
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Filing 42
ORDER SETTING SETTLEMENT CONFERENCE - Signed by MAGISTRATE JUDGE WES REBER PORTER on 3/22/2021. Pursuant to LR 16.5(b), all parties to this matter are ORDERED TO APPEAR for a confidential settlement conference, on December 20, 2021 at 10:00 a.m. (jo)
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Filing 41
RULE 16 SCHEDULING ORDER - Signed by MAGISTRATE JUDGE WES REBER PORTER on 3/22/2021. (jo)
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Filing 40
EP: TELEPHONIC RULE 16 SCHEDULING CONFERENCETelephonic Rule 16 Scheduling Conference held. A Rule 16 Scheduling Order to beissued. Jury Selection/Trial is set for 09:00 AM on 3/22/2022 in Aha Kanawai before JUDGE SUSAN OKI MOLLWAY. Final Pretrial Conference is set for 2/8/2022 at 10:00 AM in Courtroom 7 before MAGISTRATE JUDGE WES REBER PORTER. Settlement Conference is set for 12/20/2021 at 10:00 AM before MAGISTRATE JUDGE WES REBER PORTER. Dispositive Motions filed by 10/20/2021. Discovery due by 1/21/2022. (ATT / 9:30 a.m. - 9:50 a.m.) (MAGISTRATE JUDGE WES REBER PORTER)(jp)
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Filing 39
SUPPLEMENT re #37 Scheduling Conference Statement, filed by State of Hawaii by State of Hawaii, State of Hawaii, Land Use Commission . (Attachments: #1 Certificate of Service)(Day, David)
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Filing 38
Plaintiff DW Aina Le'a Development LLC's Scheduling Conference Statement (Attachments: #1 Certificate of Service)(Washkowitz, Jared) Modified on 3/16/2021 (jo)
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Filing 37
Defendants State of Hawaii, Land Use Commission and State of Hawaii's Scheduling Conference Statement (Attachments: #1 Certificate of Service Certificate of Service)(Day, David) Modified on 3/16/2021 (jo)
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Filing 36
REPORT of Planning Meeting . (Attachments: #1 Certificate of Service)(Washkowitz, Jared)
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Filing 35
WITHDRAWAL AND SUBSTITUTION OF COUNSEL FOR PLAINTIFF DW AINA LE'A DEVELOPMENT, LLC re: #34 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 3/9/2021. (jo)
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Filing 34
MOTION to Substitute Attorney Withdrawal of John D. Marshall and Substitution of Jared A. Washkowitz Jared A. Washkowitz appearing for Plaintiff DW Aina Le'a Development, LLC (Attachments: #1 Certificate of Service)(Washkowitz, Jared)
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Filing 33
NOTICE of Appearance by John H. Price on behalf of State of Hawaii, State of Hawaii, Land Use Commission on behalf of State of Hawaii, State of Hawaii, Land Use Commission. (Attachments: #1 Certificate of Service)(Price, John)
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Filing 32
Defendants State of Hawai'i, Land Use Commission and State of Hawaii's ANSWER to Complaint , Filed February 23, 2017 by State of Hawaii, State of Hawaii, Land Use Commission. (Attachments: #1 Certificate of Service Certificate of Service)(Day, David)
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Filing 31
NOTICE of Appearance by Lauren K. Chun on behalf of State of Hawaii, State of Hawaii, Land Use Commission on behalf of State of Hawaii, State of Hawaii, Land Use Commission. (Attachments: #1 Certificate of Service)(Chun, Lauren)
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Filing 30
EO: The Court sets a Telephonic Rule 16 Scheduling Conference for 3/22/2021 at 9:30 a.m. before MAGISTRATE JUDGE WES REBER PORTER via AT&T Connect Audio Conference at 1-888-278-0296 / Access Code: 8224751. (MAGISTRATE JUDGE WES REBER PORTER)(jp)
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Filing 29
MANDATE of USCA as to #19 Notice of Appeal, filed by DW Aina Le'a Development, LLC; USCA No. 17-16280 The judgment of this Court, entered January 25, 2021, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (jo)
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Filing 28
NOTICE of Case Reassignment: Case reassigned to MAGISTRATE JUDGE WES REBER PORTER for all further proceedings. Please reflect Civil case number CV 17-00113SOM-WRP on all further pleadings. (apg, )
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Filing 27
MEMORANDUM of USCA as to #19 Notice of Appeal, filed by DW Aina Le'a Development, LLC; USCA No. 17-16280: REVERSED AND REMANDED (jo)
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Filing 26
TEXT ENTRY ORDER of USCA as to #19 Notice of Appeal, filed by DW Aina Le'a Development, LLC; USCA No. 17-16280 Pursuant to this Court's order #31 , and the opinion filed by the State of Hawai'i #44 , this case is ordered re-opened. (jo) Modified on 1/26/2021 - USCA No. 17-16280 case is reopened. District Court case CV 17-113-SOM-RLP remains closed. (cib)
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Filing 25
USCA ORDER Certifying Question To The Supreme Court of Hawaii as to #19 Notice of Appeal, filed by DW Aina Le'a Development, LLC. (cib)
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Filing 24
TRANSCRIPT of Proceedings State of Hawaii's Mt. to Dismiss Complaint held on May 15, 2017, - before Judge Susan Oki Mollway. Court Reporter/Transcriber Gloria T. Bediamol, Telephone number (808) 541-2060. 90-Day Transcript Restriction: PACER access to filed transcripts is restricted for 90 days from the file date to permit redaction of personal identifiers. Citations to restricted transcripts in filed documents must be limited to those portions of the proceedings that are relevant and in need of judicial review. Attaching restricted transcripts, in their entirety, to filed documents should be limited to situations with specific need. Transcript may be viewed at the court public terminal or ordered through the Court Reporter before the deadline for Release of Transcript. Redaction Request due 7/31/2017. Redacted Transcript Deadline set for 8/9/2017. Release of Transcript Restriction set for 10/10/2017. pp. 18. (gb@hid.uscourts.gov)
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Filing 23
TRANSCRIPT Designation and Ordering Form by DW Aina Le'a Development, LLC for proceedings held on 05/15/2017 before Judge Susan Oki Mollway, re #19 Notice of Appeal,, Transcript due by 7/20/2017. (Sim, Sang J. Peter)
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Filing 22
Attorney Appeal Packet re: #19 Notice of Appeal filed by DW Aina Le'a Development, LLC. (9CCA no. 17-16280).(Attachments: #1 Notice of Appeal, #2 District Court Instructions; Transcript Designation and Ordering form, #3 Docket Sheet) (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
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Filing 21
USCA TIME SCHEDULE ORDER as to #19 Notice of Appeal filed by DW Aina Le'a Development, LLC. (9CCA no. 17-16280). (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
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Filing 20
USCA Case Number 17-16280 for #19 Notice of Appeal filed by DW Aina Le'a Development, LLC. (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
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Filing 19
NOTICE OF APPEAL as to #17 Order on Motion to Dismiss, #18 Clerk's Judgment, by DW Aina Le'a Development, LLC. Filing fee $ 505, receipt number 0975-1888227. (Attachments: #1 Exhibit Decision and Order, and Judgment, dated June 13, 2017, #2 Representation Statement, #3 Civil Appeals Docketing Statement, #4 Certificate of Service)(Sim, Sang J. Peter) 9CCA No. 17-16280 Docket text entry modified on 6/21/2017 (afc)
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Filing 18
JUDGMENT IN A CIVIL CASE - Judgment entered in favor of Defendants State of Hawaii, Land Use Commission and the State of Hawaii, against Plaintiff DW Aina Le'a Development, LLC. re: Order #17 . (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). All participants are registered to receive electronic notifications.
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Filing 17
ORDER GRANTING DEFENDANT'S MOTION TO DISMISS re: #5 . Signed by JUDGE SUSAN OKI MOLLWAY on 6/13/2017. (afc) WRITTEN ORDER follows hearing held May 15, 2017. Minutes of hearing: ECF no. #15 .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.
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Filing 16
EO: Based on counsel's request and agreement, the Rule 16 Scheduling Conference is CONTINUED from 6/21/2017 to 8/21/2017 at 9:00 a.m. in the Chambers of Magistrate Judge Richard L. Puglisi. Rule 16 Scheduling Conference Statements are due by 8/14/2017. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)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 15
EP: State of Hawaii's Motion to Dismiss Complaint [5 ] - Discussion held re: the issue of ripeness and the Court's ruling in a related case.Plaintiff requests to proceed with this hearing.Arguments.State of Hawaii's Motion to Dismiss Complaint [5 ] - taken under advisement.Court to issue a written order.Motion Hearing held on 5/15/2017 re #5 MOTION to Dismiss Complaint filed by State of Hawaii, Motions Taken Under Advisement: #5 MOTION to Dismiss Complaint. (Court Reporter Gloria Bediamol.) (JUDGE SUSAN OKI MOLLWAY)(tbf, )No COS issued for this docket entry
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Filing 14
REPLY re #12 Memorandum in Opposition to Motion, #5 MOTION to Dismiss Complaint filed by State of Hawaii, State of Hawaii, Land Use Commission. (Attachments: #1 Certificate of Service)(Wynhoff, William)
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Filing 13
SUPPLEMENT re #11 Initial Disclosure [Supplemental Joint Report of the Parties' Planning Meeting] filed by DW Aina Le'a Development, LLC by State of Hawaii, State of Hawaii, Land Use Commission . (Attachments: #1 Certificate of Service)(Wynhoff, William) Docket text entry modified on 4/26/2017 (afc).
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Filing 12
MEMORANDUM in Opposition to Defendants' Motion to Dismiss re: #5 filed by DW Aina Le'a Development, LLC. (Attachments: #1 Declaration Declaration of Sim, #2 Exhibit Exhibit A - Notice of Removal with Summons and Complaint, #3 Certificate of Service)(Sim, Sang J. Peter) Docket text entry modified on 4/19/2017 (afc).
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ADVISORY ENTRY re: docket entry number #12 Memorandum in Opposition to Motion, filed by DW Aina Le'a Development, LLC. For the filing party's future reference, counsel identification must be noted in the upper left-hand corner of the first page of the document -- as required by Local Rule 10.2(b) "Identification of Person Filing a Document." Secondly, certain filing events in CM/ECF allow the filer to create a link to pleadings by presenting the text: "Should the document you are filing link to another document in this case?" In this instance, the filing party would have checked the box and linked the filing to the subject motion to dismiss, ECF no. #5 . No further action is required as to the filing; the filing shall stand.(afc)
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Filing 11
INITIAL DISCLOSURE by DW Aina Le'a Development, LLC. (Sim, Sang J. Peter)
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Filing 10
ORDER GRANTING SANG J. PETER SIM'S APPLICATION TO APPEAR PRO HAC VICE re: #9 . Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 4/5/2017. (afc) SANG J. PETER SIM, ESQ. (Law firm: Sim & Record, LLP) added as attorney pro hac vice for plaintiff DW AINA LEA DEVELOPMENT, LLC. 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.
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Filing 9
MOTION for Pro Hac Vice Filing fee $ 300, receipt number 0975-1853740.John D. Marshall appearing for Plaintiff DW Aina Le'a Development, LLC (Attachments: #1 Certificate of Service Certificate of Service of Motion to Appear Pro Hac Vice)(Marshall, John)
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Filing 8
WITHDRAWAL AND SUBSTITUTION OF COUNSEL FOR PLAINTIFF DW AINA LE'A DEVELOPMENT, LLC and ORDER. Signed by JUDGE SUSAN OKI MOLLWAY on 4/4/2017. (afc) Withdrawing Attorney Michael Jay Green terminated. Appearing Attorney John D. Marshall added for plaintiff DW Aina Le'a Development, LLC. 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 7
EO: In light of the hearing date set for #5 Defendant's Motion to Dismiss, the Rule 16 Scheduling Conference set for 5/03/2017 is CONTINUED to 6/21/2017 at 09:30AM before MAGISTRATE JUDGE RICHARD L. PUGLISI. Rule 16 Scheduling Conference Statements are due by 6/14/2017. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(mrf)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 6
NOTICE of Hearing on Motion #5 MOTION to Dismiss Complaint :. Motion Hearing set for 5/15/2017 09:00 AM before JUDGE SUSAN OKI MOLLWAY. (tbf, )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 5
MOTION to Dismiss Complaint David D. Day appearing for Defendant State of Hawaii (Attachments: #1 Memorandum, #2 Appendix, #3 Certificate of Service)(Day, David)
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Filing 4
EO: Rule 16 Scheduling Conference is set for 09:30AM on 5/3/2017 before MAGISTRATE JUDGE RICHARD L. PUGLISI. Rule 16 Scheduling Conference Statements are due by 4/26/2017. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(mrf)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 3
Order Setting Rule 16 Scheduling Conference TO BE SET Before Magistrate Judge Richard L. Puglisi - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 3/13/2017. (Attachments: #1 Memo from Clerk Re: Corporate Disclosure Statements) (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. ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER AND MEMO RE: CORPORATE DISCLOSURES MUST BE SERVED WITH THE DOCUMENT.
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Filing 2
NOTICE of Case Assignment: Please reflect Civil case number CV 17-00113 SOM-RLP on all further pleadings. (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 1
NOTICE OF REMOVAL by State of Hawaii and its Land Use Commission from First Circuit Court, State of Hawai'i, case number Civil No. 17-1-0304-02 KTN. ( Filing fee $ 400 receipt number 0975-1842322), filed by State of Hawaii and its Land Use Commission. (Attachments: #1 Declaration of William J. Wynhoff, #2 Exhibit 1, #3 Certificate of Service)(Wynhoff, William)
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