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11-414 - Bridge Aina Le'a, LLC v. Hawaii, State of , Land Use Commission et al


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11-414 - Bridge Aina Le'a, LLC v. Hawaii, State of , Land Use Commission et al
March 30, 2012
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ORDER STAYING CASE PENDING RESOLUTION OF THE STATE CASE - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 3/30/12. ("The court stays the present case pending the appeal of Judge Strance's order reversing and vacating the Commission's decision to reclassify the property in issue from urban use to agricultural use. The court administratively closes this case and terminates all pending motions. The case will be reopened upon the parties' submission of written statements either attaching the final appellate decision, or explaining a change in circumstances that warrants the reopening of this case. Upon the reopening of this case, the motions addressed by this order may, upon written request by a party, be reset for such supplemental briefing and/or hearing as may be appropriate, without the needto refile papers already in the case file.") (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
August 25, 2015
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ORDER GRANTING REVISED MOTION TO DISMISS 14. Signed by CHIEF U.S. DISTRICT JUDGE SUSAN OKI MOLLWAY on 8/25/2015. (afc)Excerpt of conclusion:"This order leaves only the following claims for adjudication: (1) the takings claims for just compensation in Counts I, II, and VIII, to the extent asserted against the Commission and Official Capacity Commissioners; and (2) Count IV, to the extent seeking damages against the Commission and Official Capacity Commissioners." [footnote omitted]CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). All participants are registered to receive electronic notifications.
February 29, 2016
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ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR SUMMARY JUDGMENT re 105 - Signed by JUDGE SUSAN OKI MOLLWAY on 2/29/2016. "The court grants Defendants' motion for summary judgment with respect to Count IV and Count VIII. The court denies the motion with respect to the takings claims in Count I and Count II, to the extent asserted against the LUC and Official Capacity Commissioners. Those takings claims in Counts I and II are the only claims remaining for further adjudication." (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
November 21, 2017
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ORDER AFFIRMING "ORDER GRANTING STATE OF HAWAII' S MOTION TO STRIKE AND EXCLUDE:(1) PLAINTIFF'S SUPPLEMENTAL EXPERT DISCLOSURE OF DAVID J.BURGER, CPA, SERVED ON JUNE 27, 2016 [DCK. 259]; AND (2) PLAINTIFF'S SECOND SUPPLEMENTAL EXPERT DISCLOSURE, FILED ON AUGUST 1, 2017 [DCK. 267]; ORDER DENYING MOTION TO AMEND FOURTH AMENDED RULE 16 SCHEDULING ORDER [DKT. 170] FILED 5/5/16."The court affirms the magistrate judges order that excluded Burgers supplemental reports. The court is not here deciding whether Burgers original report should be excluded, as that was not sought in the underlying motion, ECF No. 268. The court also denies Bridge Aina's motion to amend the scheduling order, ECF No. 286." Signed by JUDGE SUSAN OKI MOLLWAY on 11/21/17. (cib, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
February 2, 2018
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s not registered to receive electronic notifications were served by first class mail on the date of this docket entry ORDER Addressing Evidentiary Issues And Scheduling Matters." Upon reconsideration, the court grants in part and denies in part the State's Motion in Limine No. 8 to Exclude Evidence and Testimony Concerning Consequential and Contractual Damages. The court denies the State's additional request that it reconsider its ruling on Motion in Limine No. 1 to Exclude Argument and Evidence as to Alleged Due Process and Equal Protection Violations. As for the reconsideration motion submitted by Plaintiff, the court invites a response from the State to be submitted no later than February 9, 2018, and an optional reply from Plaintiff to be submitted no later than February 13, 2018.". Signed by JUDGE SUSAN OKI MOLLWAY on 2/2/18. (cib, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participant
February 16, 2018
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ORDER Denying Plaintiff's Motion For Partial Reconsideration Of The Order Granting State of Hawaii's Motion To Exclude Expert Reports Of David J. Burger And Steve D. Chee; Exhibits A and B."The State of Hawaii Land Use Commission (the State) filed a motion to exclude an expert opinion by Steven Chee on the diminution in value caused by the States alleged regulatory taking of land from Bridge Aina Lea. In an oral order issued on January 9, 2018, the court partially excluded Chee's testimony. Bridge Aina Lea now asks the court to reconsider its order insofar as it excludes Chee's testimony. The motion is untimely, but the court nevertheless addresses the merits of the motion and denies it because it fails to establish that the courts order was based on a manifest error of law. The Motion for Partial Reconsideration306 is DENIED." (Attachments: # (1) Exhibit A - ECF 301, # (2) Exhibit B - ECF 313) Signed by JUDGE SUSAN OKI MOLLWAY on 2/16/18. (cib, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
June 27, 2018
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ORDER Denying State Of Hawaii's Renewed Motion For Judgment As A Matter Of Law Or, In the Alternative, For A New Trial re: 385. Signed by JUDGE SUSAN OKI MOLLWAY on 6/27/2018. (cib, )