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Update on April 13, 2012 Hearing

posted Apr 16, 2012, 3:07 PM by Vivien Akiyama
The Next Update Will Be April 28, 2012.

Mahalo to all of you who attended the hearing on April 13.  We appreciate all of your support!

Notice and Opt Out Motion

Judge Virginia Crandall granted Plaintiffs’ Motion to Provide Notice and Allow Opt-Out of the Waiting List Damages Subclass.  Judge Crandall ruled that all Waiting List Subclass members will be sent a court-approved letter which will:

1) inform Subclass members of the case status and 

2) allow any class member to pursue his or her own damages case by opting out of the Waiting List Subclass.

The notice will be paid for by the State.

Opting-out of the Waiting List Subclass for damages means that the class member will proceed individually to a damages trial. 

Opting out may be a good option for class members who are seeking something other than for delays in residential, pastoral or agricultural homestead awards.  If, for example, there are claims based on lost business opportunities, opting out may be an option that ought to be considered, since these types of delay claims must have damages proven on an individual basis.

The opt out notice will explain that if you do not wish to continue as a member of the Waiting List Damages Subclass, you may opt out of the Subclass and: 

a) Hire your own attorney and file your own claim;
b) File your claim pro se without an attorney; or
c) Elect not to pursue your damage claims in this case.

Class Counsel cannot represent and/or advise individuals who opt out of the case.

You should receive the opt-out notice in the next six weeks.  It will fully explain your rights and your options.  

Please do not contact Class Counsel at this time about your opt-out rights.
You will be sent a notice from the court that explains your options.
 
Damages Motions

The Court is deferring consideration of the damages motions, setting rules for recovery of damages and the method of computing
damages until the opt out notice is sent to Subclass members.

Status Conference – April 27, 2012 
A status conference will be held on April 27 to review the proposed notice and to set a schedule for the remainder of the case.  This is a status conference and not a hearing; status conferences are not open to the public.  
 
The Next Update Will Be After the Status Conference Held April 27, 2012


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