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

posted Mar 12, 2015, 1:32 AM by Kalima Case Admin   [ 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.