Announcements

Next Court Date:

posted Jan 27, 2017, 5:41 PM by Vivien Akiyama   [ updated 4 minutes ago ]
Please join us at the next court hearing.  At this hearing, the Court will further consider sanctions for the State's loss of application and lease award documents.

 Next Court Date: Monday, June 24, 2017 at 3:00 p.m.

     The Honorable Virginia L. Crandall
     First Circuit Court
     777 Punchbowl Street
     4th Floor, Courtroom 11
     Honolulu, Hawaii 96813

Next Court Date

posted Jul 15, 2017, 12:25 PM by Vivien Akiyama

Please Join us at the next court hearing. At this hearing, the Court will further consider sanctions for the State's loss of application and lease award documents.

 Next Court Date: Monday, July 24, 2017 at 3:00 p.m.

     The Honorable Virginia L. Crandall
     First Circuit Court
     777 Punchbowl Street
     4th Floor, Courtroom 11
     Honolulu, Hawaii 96813

Next Court Date:

posted Jan 27, 2017, 7:41 PM by Vivien Akiyama   [ updated Jul 15, 2017, 12:12 PM ]

Please join us at the next court hearing.  At this hearing, the Court will further consider the claims administration process, and how the judgment will be. 

Next Court Date: Monday, January 30, 2017 at 9:30 a.m.
     
The Honorable Virginia L. Crandall
     First Circuit Court
     777 Punchbowl Street
     4th Floor, Courtroom 11
     Honolulu, Hawaii 96813

Next Court Date:

posted Nov 24, 2016, 12:22 PM by Vivien Akiyama   [ updated Nov 24, 2016, 12:36 PM ]


Please join us at the next court hearing.  This hearing will consider the claims administration process that will determine how damages are measured and distributed to Waiting List Subclass members.  It will also determine how other types of claims are resolved.

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

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 Aug 4, 2016, 8:10 PM ]

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, September 2, 2016 at 9:00 a.m.
     Courtroom 11
     4th Floor
     First Circuit Court
     777 Punchbowl Street
     Honolulu, Hawaii    96813

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. 

Article in the Honolulu Star Advertiser

posted Jul 23, 2014, 6:17 PM by Vivien Akiyama

Today’s issue of the Honolulu Star Advertiser has a front-page article about our case, “Slow Wheels of Justice.”  We appreciate reporter Rob Perez for writing another informative story about this case.

Hearing on August 13, 2014, 9:30 am

posted Jul 16, 2014, 3:00 PM by Vivien Akiyama

Next Hearing Date:  August 13, 2014, 9:30 am

    Courtroom 11
    4th Floor
    First Circuit Court
    777 Punchbowl Street
    Honolulu, Hawaii    96813

This hearing will be to decide 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 filed on July 7, 2014.  A copy of the motion is located on the Important Documents page or you can click here.

We appreciate your support and ask that you attend the hearing if you are able to. 

Please understand that the above date is what has been scheduled at this time and is subject to change at anytime.  We ask for your patience and understanding if the above date is changed.  We will try to inform you via this website and the toll-free number of any changes to the schedule as soon as we can.

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