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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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