Summary
The Hawai'i Supreme Court issued an order in an original proceeding arising from certified questions submitted by the United States District Court for the District of Hawai'i. The court determined that only question one was presently amenable to certification and established filing, record-transmission, briefing, and party-designation requirements for the Villon/Apana and Rodriguez/Basler plaintiffs and the Marriott and Starwood defendants.
Holdings
- Only certified question #1 appeared amenable to answer under HRAP Rule 13; questions #2 and #3 did not satisfy the certification requirements identified in the federal court's order.
- The plaintiffs were designated appellants and the defendants appellees for purposes of the original proceeding, and the parties were required to transmit the federal records and proceed with briefing under the applicable Hawai'i appellate rules.
Questions Presented
- Whether the certified questions submitted by the United States District Court for the District of Hawai'i were amenable to answer under Hawai'i Rules of Appellate Procedure Rule 13.
- Whether the Hawai'i Supreme Court should accept and proceed with question #1 while declining to address questions #2 and #3.
Disposition
other
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Court Document
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