Announcements

ANNOUNCEMENT

posted May 12, 2018, 7:16 PM by Vivien Akiyama   [ updated May 30, 2018, 1:33 PM ]

Opening briefs in the case will be filed on July 25, 2018. Each party will then file answering briefs and reply briefs.  After briefing, Plaintiffs will request that the case be heard directly by the Hawai'i Supreme Court on an expedited basis.  The Court will then set oral argument for the appeals.

Read Plaintiffs' Statement of Jurisdiction by clicking here.  Read Defendants' Statement of Jurisdiction by clicking here.

ANNOUNCEMENT

posted Feb 24, 2018, 6:27 PM by Vivien Akiyama   [ updated May 13, 2018, 1:22 AM ]

Plaintiffs Cross-Appeal Court Judgment 

Plaintiffs have filed a Notice of Cross-Appeal of the Circuit Court’s January 9, 2018 Judgment.  Read Plaintiffs’ Civil Appeal Docketing Statement for more information. 

ANNOUNCEMENT

posted Feb 7, 2018, 4:02 PM by Vivien Akiyama   [ updated Feb 24, 2018, 6:29 PM ]

State Appeals Court Judgment 

 

The State of Hawai’i has filed a Notice of Appeal of the Circuit Court’s January 9, 2018 Judgment in favor of the Waiting List Subclass.  The State contends that it did not breach its trust obligations to Plaintiffs and should not be liable for damages.  Read the State’s Civil Appeal Docketing Statement for more information on the State’s position. 

 

During the appeal, the Circuit Court has directed Defendants and Plaintiffs to meet and confer to establish the application, award and NHQ for all class members.   

ANNOUNCEMENT

posted Feb 7, 2018, 3:58 PM by Vivien Akiyama

Circuit Court Enters Judgment in Favor of Waiting List Subclass 

 

Judge Virginia Lea Crandall entered Final Judgment on January 9, 2018 in favor of the Waiting List Subclass.  Final Judgment means that Plaintiffs have prevailed in the case, subject to any appeal taken by the State of Hawai'i or Plaintiffs. 

ANNOUNCEMENT

posted Feb 7, 2018, 3:55 PM by Vivien Akiyama

Circuit Court Establishes Special Master and Claims Administration Process for All Class Members 

 

Judge Virginia Lea Crandall has granted Plaintiffs’ motions to establish a Special Master and Claims Administration Process for final computation of damages for all Class Members.  The Special Master will compute individual damages for the Waiting List Subclass based upon application and award date.  The Special Master will also oversee a separate process to evaluate all non-Waiting List Subclass claims.  July 26, 2017 Order Granting Plaintiffs’ Motion to Establish Claims Process to Resolve All Claims.

Update

posted Sep 26, 2016, 10:50 PM by Vivien Akiyama

Aloha - We have been updating our website to include our recent court filings.  Please go to Important Documents to view the filings we have made this year.

Please join us at the next court hearing.  There are a number of important issues that will be decided and we need your support!

 Next Court Date: Friday, October 7, 2016 at 9:30 a.m.
     Courtroom 11
     4th Floor
     First Circuit Court
     777 Punchbowl Street
     Honolulu, Hawaii    96813

Update

posted Jul 28, 2016, 4:06 AM by Vivien Akiyama   [ updated Feb 9, 2018, 1:21 AM ]

Aloha - We have been updating our website to include our recent court filings.  Please go to Important Documents to view the filings we have made this year.

Update

posted Jun 27, 2016, 5:27 PM by Vivien Akiyama   [ updated Jun 27, 2016, 5:27 PM ]

Aloha - For the past year, we have been compiling and reviewing approximately 4,000 application and award files to obtain evidence necessary to compute damages for the Waiting List Subclass members.

This has been a long and detailed process and we appreciate your patience as we continue to work toward a resolution of your case.

We will be updating our website in the next few weeks to include all of the pleadings filed in the last several months.

Thank you for your continued support.

Results of June 30, 2015 9:30 a.m. Hearing

posted Mar 12, 2015, 1:32 AM by Vivien Akiyama   [ updated Sep 11, 2015, 5:50 PM ]

Plaintiffs' motion for partial summary judgment was heard by Judge Virginia Crandall on June 30, 2015 at 9:30 a.m.  The Court hearing lasted over two hours.

A copy of the motion is located on the Important Documents page or you can click here.

The motion for summary judgment involved decision-making for twelve individual Waiting List Subclass members.  The most important issues raised by the motion were as follows:

1)    Establishing the application and award dates for the twelve Subclass Members.

2)    Deciding whether an orientation letter sent to beneficiaries for homestead offerings cut off damages if the beneficiary does not respond or participate in the offering.

Plaintiffs argued that the orientation letters were not "offers" of actual homesteads because they were simply notices of potential homesteads available to financially qualified beneficiaries.  Defendants argued that the sending of the orientation should stop damages if the beneficiary failed to participate in the application process.

The Court rejected both Plaintiffs and Defendants arguments and instead ruled that the orientation letters suspend damages from the mailing of the deferral letter until the first homestead lease is signed for that offering.

The Court also rule that Native Hawaiian Qualification (NHQ) can be established at any time during the class period.

As of September 11, 2015, Plaintiffs and Defendants are attempting to reach agreement on an order conforming to the judge's verbal ruling.

A copy of the transcript containing the judge's ruling is available here.https://drive.google.com/file/d/0BxTdYPR6vv8SZDZpVjNmbS1wM0U/view?usp=sharing

Updates on the case

posted Nov 25, 2014, 12:38 PM by Vivien Akiyama   [ updated Nov 25, 2014, 5:14 PM ]

File Review Project
We are currently reviewing the application and award files for each class member to confirm their application and/or award date. The State has transferred 1,000+ digital files to us so far and will continue to do so until we have all application and award files for review.  

Status Conferences
Attorneys for Plaintiffs and Defendants continue to meet with Judge Crandall for a status conference about every two weeks.  The purpose of these status conferences is to ensure that the case is moving forward and, if possible, to resolve issues in an expedited manner.  Status conferences are not open to the public.  However, the status conference memos have been uploaded to the Important Documents page for you information.

Minute Order filed on November 17, 2014
Judge Crandall ruled that all class members are members of the waiting list subclass.  Defendants filed a motion on August 22, 2014 asking the court to find that damages for out of pocket loss may only be made to those who submitted timely claims for waiting to the Hawaiian Home Lands Trust Individual Claims Review Panel.  Judge Crandall denied Defendants’ motion on November 17, 2014.

Trial Order filed on October 7, 2014
The trial to determine the annual fair market rental value to be used to calculate damages for claimants who applied for Oahu residential leases was from September 30, 2013 through October 2, 2013.  The court ruled that the “Best Fit” model will be used to determine the fee simple values to calculate annual fair market rental values.  This model comprises (1) annual rental values based on four percent of the fee simple value of the land area of a 5,000 square foot lot in Maili for any given year, (2) rents adjusted annually, and (3) a “best fit” model derived from actual fee simple Maili valuations from 1959 through July 8, 2013; and (4) no increases for the consumer price index (CPI) or present value adjustment.  More information about the Best Fit model can be found in Defendants’ post-trial memo, click here. 

Hearing on September 9, 2014
Motion filed by Plaintiffs and Defendants to clarify certain deferral orders came before the court during this hearing. Judge Crandall ruled that the previous orders reflect the Court’s ruling and declined to clarify the orders.  Plaintiffs plan to file motions for summary judgement to resolve undisputed issues.  

Plaintiffs’ Motion to Adopt Damages Trial Plan for Resolution of Oahu Waiting List Subclass Damages Claims and for Appointment of Discovery Master and Special Master also came before the court in the September 9 hearing.  Judge Crandall granted Plaintiffs’ request that Defendants pay fees and costs of the special master at this time in the process.  The special master will decide disputed factual issues after the court considers our motion for summary judgment.  The Court denied Plaintiffs’ request that Defendants pay for the expenses of a discovery master at this time. 

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