Maui Vacation Rental Association, Inc. et al v. County of Maui et al

Justia Dockets & Filings Ninth Circuit Hawaii District Court Maui Vacation Rental Association, Inc. et al v. County of Maui et al

Maui Vacation Rental Association, Inc. et al v. County of Maui et al

Case Number:	1:2020cv00307
Filed:	November 20, 2020
Court:	US District Court for the District of Hawaii
Office:	Hawaii Office
Nature of Suit:	Civil Rights: Other
Cause of Action:	28 U.S.C. § 1331 Federal Question: Other Civil Rights

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Date Filed	Document Text
November 20, 2020	Filing 28 ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF AND STAYING ACTION re 18 Signed by JUDGE JILL A. OTAKE on 11/20/2020. For the reasons se t forth above, Defendants' Motion is GRANTED IN PART AND DENIED IN PART. Count I is DISMISSED WITH PREJUDICE. Plaintiff's state law claims (Counts III, the portion of Count V brought under the Hawai'i Constitution, VI, VIII through X I, the portion of Count XIII brought under the Hawai'i Constitution, and XV through XVII) are DISMISSED for resolution in state court. The balance of the Motion is DENIED. This case comprised of the remaining federal claims (Counts II, IV, the portion of Count V brought under the United States Constitution, VII, XII, the portion of Count XIII brought under the United States Constitution, and XIV) is STAYED until the state court's determination of whether Ordinance 5059 was adop ted in violation of HRS § 46-4. All pending deadlines are terminated. Plaintiff may return to this forum after the state law question is answered. The parties are to submit a joint status report every six months, beginning on June 1, 2021. The parties shall file a notice within seven days of the conclusion of the state court proceedings, attaching any relevant decision(s) and indicating whether the instant proceedings should recommence. (emt, )

Date Filed

Document Text

November 20, 2020

Filing 28 ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF AND STAYING ACTION re 18 Signed by JUDGE JILL A. OTAKE on 11/20/2020. For the reasons se t forth above, Defendants' Motion is GRANTED IN PART AND DENIED IN PART. Count I is DISMISSED WITH PREJUDICE. Plaintiff's state law claims (Counts III, the portion of Count V brought under the Hawai'i Constitution, VI, VIII through X I, the portion of Count XIII brought under the Hawai'i Constitution, and XV through XVII) are DISMISSED for resolution in state court. The balance of the Motion is DENIED. This case comprised of the remaining federal claims (Counts II, IV, the portion of Count V brought under the United States Constitution, VII, XII, the portion of Count XIII brought under the United States Constitution, and XIV) is STAYED until the state court's determination of whether Ordinance 5059 was adop ted in violation of HRS § 46-4. All pending deadlines are terminated. Plaintiff may return to this forum after the state law question is answered. The parties are to submit a joint status report every six months, beginning on June 1, 2021. The parties shall file a notice within seven days of the conclusion of the state court proceedings, attaching any relevant decision(s) and indicating whether the instant proceedings should recommence. (emt, )

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