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16-634 - Hu Honua Bioenergy, LLC v. Hawaiian Electric Industries, Inc.


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16-634 - Hu Honua Bioenergy, LLC v. Hawaiian Electric Industries, Inc.
December 19, 2017
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state-law claims, the Motions as to Counts Seven and Eight are DENIED without prejudice. The court will allow Hu Honua an opportunity to file a Second Amended Complaint that cures the FAC's deficiencies, if it believes it can do so. See Lopez, 203 F.3d at 1130. A Second Amended Complaint (or a statement indicating that a Second Amended Complaint will not be filed) is due by January 29, 2018. Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 12/19/2017. (afc) WRITTEN ORDER follows hearing held November 6, 2017. Minutes of hearing: ECF 127. CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail addre***AMENDED ORDER issued on 1/19/2018. Please refer to ECF no. 137***ORDER GRANTING IN PART DEFENDANTS NEXTERA ENERGY, INC.'S AND HAMAKUA ENERGY PARTNERS, L.P.'S MOTIONS TO DISMISS, ECF NOS. 73 & 95, WITH LEAVE TO AMEND. Excerpt of conclusion:"The Motions to Dismiss are GRANTED as to Counts One and Two, and those claims are DISMISSED without prejudice. Because the court DEFERS ruling on the ss 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. Docket text entry modified on 1/19/2018 (afc).
January 19, 2018
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AMENDED ORDER GRANTING IN PART DEFENDANTS NEXTERA ENERGY, INC.'S AND HAMAKUA ENERGY PARTNERS, L.P.'S MOTIONS TO DISMISS, ECF NOS. 73 & 95, WITH LEAVE TO AMEND. Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 1/19/2018. (afc) WRITTEN ORDER amends the Court's Order filed 12/19/2017 as ECF no. 131. Related: Order, ECF 136. 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