Office of Hawaiian Affairs v. Mizukami

Full title: OFFICE OF HAWAIIAN AFFAIRS, ROWENA AKANA, HAUNANI APOLIONA, DANTE…

Court: Supreme Court of Hawaii

Date published: May 15, 2009

No. 25570 (Haw. May. 15, 2009)

Opinion

No. 25570

May 15, 2009.

APPEAL FROM THE FIRST CIRCUIT COURT (CIV. NO. 94-4207)

NOTICE REGARDING REOPENING OF APPEAL NO. 25570 AND ORDER TO TRANSMIT TRIAL RECORDS TO THE HAWAI'I SUPREME COURT

By: MOON, C.J., for the court.[fn1] [fn1] Considered by: Moon, C.J., Nakayama, Acoba, and Recktenwald, JJ., and Circuit Judge Chan, in place of Duffy, J., recused.

(TO THE HONORABLE SABRINA McKENNA, Judge of the Circuit court of the First Circuit, and the CLERK OF THE CIRCUIT COURT OF THE FIRST CIRCUIT:

PLEASE TAKE NOTICE that the March 24, 2008 Judgment on appeal, entered in the above-captioned case by the Supreme Court of Hawai'i, was reversed and remanded by order of the Supreme Court of the United States on March 31, 2009. Therefore, Hawai'i Appeal No. 25570 is reopened for further consideration in light of the United States Supreme Court's mandate. Another disposition and Judgment on Appeal will be entered following this court's further consideration.

IT IS FURTHER ORDERED that the Clerk of the Circuit Court of the First Circuit shall forthwith re-transmit the record on appeal for Civ. No. 94-4207.

ORDER REGARDING NOTIFICATION OF SETTLEMENT

It appearing from the joint letter from the parties in the above-captioned matter, filed with this court on May 4, 2009, which we accept as a motion, that (1) all but one of the parties have reached a tentative settlement contingent upon S.B. 1677, C.D.1, becoming law and (2) request that, in the event S.B. 1677, C.D.1, does not become law and/or the remaining party does not settle or dismiss his claims, this court "set an appropriate briefing schedule" via a scheduling order,

IT IS HEREBY ORDERED that the parties shall inform this court as soon as possible , but no later than July 17, 2009, whether there is any effective settlement in this matter, and, if so, whether any claims remain in this case.

IT IS FURTHER ORDERED that the remainder of the parties' requests are held in abeyance until a definitive determination is made with respect to the tentative partial settlement described in the joint letter.

Upon consideration of Albert Kahiwahiwaokalani Haa, Jr.'s Motion to Intervene, filed May 4, 2009,

IT IS HEREBY ORDERED that the motion is denied.