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Results of March 25, 2013 Hearing

posted Mar 26, 2013, 5:34 PM by Vivien Akiyama   [ updated Mar 26, 2013, 6:51 PM ]
Judge Crandall heard Plaintiffs' Motion for Certification of Damages Class, Appointment of Special Master and Claims Administrator and for Payment of Special Master, Claims Administrator and Related Costs filed on January 7, 2013.  Click here to view the motion.
 
In their motion, Plaintiffs asked the Court to certify the Waiting List Subclass to include the amount of damage and asked the Court to appoint a special master, a private person to assist the Court in making damages decisions.  The State opposed the motion and asked that individual trials be set for each class member.
 
Judge Crandall said that she was inclined to certify the damages class, but because two of the class representatives have passed away (James Akiona and Caroline Bright), she would delay her ruling until the representatives are replaced.

The Court also ruled that referral to a Special Master was premature since there are additional legal rulings that must be made, including the Fair Market Rental Value of homestead lots that were not awarded to class members.
 
NEXT STEP:
 
Plaintiffs will be filing a motion to substitute new class representatives for the Waiting List Subclass.
 
Judge Crandall will be meeting with counsel to discuss the outstanding legal issues that must be decided before the Court decides whether to refer the case to a Special Master.  Class Counsel will request that the Court set a briefing schedule to resolve all outstanding legal issues.
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