Akina v. State of Hawaii
ORDER OVERRULING OBJECTIONS, AND ADOPTING FINDINGS AND RECOMMENDATION TO DENY PLAINTIFFS' AMENDED MOTION FOR ATTORNEYS' FEES AND RELATED NON-TAXABLE EXPENSES. Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 6/6/2017. (afc) FINDINGS AND RECOMMENDATION to Deny Plaintiffs' Amended Motion for Attorneys' Fees and Related Non-Taxable Expenses under L.R. Civ. 54.3 ("F&R"): ECF no. 165 . Plaintiffs' OBJECTIONS to F&R: ECF no. 170 . P laintiffs' Amended Motion for Attorneys' Fees and Related Non-taxable Expenses: ECF no. 152 . 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
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
KEALII MAKEKAU, et al.,
Civ. No. 15-00322 JMS-RLP
OBJECTIONS, AND ADOPTING
RECOMMENDATION TO DENY
MOTION FOR ATTORNEYS’ FEES
AND RELATED NON-TAXABLE
THE STATE OF HAWAII, et al.,
ORDER OVERRULING OBJECTIONS AND ADOPTING FINDINGS
AND RECOMMENDATION TO DENY PLAINTIFFS’ AMENDED
MOTION FOR ATTORNEYS’ FEES AND RELATED NON-TAXABLE
Plaintiffs 1 Kealii Makekau, Joseph Kent, Yoshimasa Sean Mitsui,
Pedra Kanae Gapero, and Melissa Leinaala Moniz (“Plaintiffs”) object under 28
U.S.C. § 636(b)(1) to Magistrate Judge Richard Puglisi’s February 24, 2017
Findings and Recommendation to Deny Plaintiffs’ Amended Motion for
On March 15, 2017, Magistrate Judge Puglisi granted Plaintiffs’ “Motion to Drop
Plaintiff Kelii Akina Pursuant to Fed. R. Civ. P. 21,” given Akina’s intervening election as a
Trustee of the Office of Hawaiian Affairs, where such Trustees are Defendants in their official
capacities in this action. ECF No. 169. Accordingly, the caption no longer reflects Akina as the
Attorneys’ Fees and Related Non-Taxable Expenses Under L.R. Civ. 54.3” (the
“February 24, 2017 Findings and Recommendation”). ECF No. 170.
After due consideration, and being intimately familiar with the
extensive proceedings in this case, the court OVERRULES Plaintiffs’ Objections
and ADOPTS the February 24, 2017 Findings and Recommendation. The
Amended Motion for Attorneys’ Fees and Non-Taxable Expenses, ECF No. 152, is
The court need not reiterate this case’s full history and background,
which is detailed in several published decisions. See Akina v. Hawaii, 141 F.
Supp. 3d 1106 (D. Haw. 2015) (denying motion for preliminary injunction); Akina
v. Hawaii, 136 S. Ct. 581 (2015) (granting stay pending final disposition of the
appeal then-pending before the Ninth Circuit) (mem.); Akina v. Hawaii, 835 F.3d
1003 (9th Cir. 2016) (affirming in part and dismissing appeal as moot in part).
And the February 24, 2017 Findings and Recommendation further describes the
procedural history, which this court adopts as modified as follows.
This action arises from Native Hawaiian self-governance efforts. As
part of those efforts, Defendant Na
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