Legal Process Docs:

Our initial legal action was a complaint filed in federal court on May 11, 2011 by plaintiffs, Honolulutraffic.com, Governor Ben Cayetano, Judge Walter Heen, Professor Randal Roth, Senator Sam Slom's SBH Educational Foundation, Hawaii's Thousand Friends, Dr. Michael Uechi MD, and Cliff Slater, against the Federal Transit Administration (FTA) and the City and County of Honolulu (City).

Since then the City and the FTA have responded separately denying everything and, in addition, have jointly filed Motions to dismiss some of the plaintiffs, and to dismiss some of our allegations concerning historic properties. Our attorneys believe these are nuisance motions intended to delay matters and to try run up our legal bills so that we would be unable to continue with the lawsuit. Judge Tashima agreed with our defense that neither the standing of plaintiffs nor the Defendants' 4(f) concerns can be determined until such time as the Defendants produce the Administrative Record, which Judge Tashima ruled that they must produce the Index by January 20, 2012, and the full electronic version of the Administrative Record by February 24, 2012.

 

Full details of the environmental process are available at www.honolulutraffic.com/processdocs.htm

 

Here is a third party attorney's view of the proceedings from inversecondemnation.com

 

Not included in this listing are minor declarations and proofs of service.

Original Complaint 5/11/11.

City's response to the Complaint. 7/18/11.

FTA's response the Complaint. 8/12/11.

Roth et al. Press Release re the FTA response. 8/13/11

FTA/City Motion for Judgment on the Pleadings. 9/9/11.

FTA/City Motion for Judicial Notice. 9/9/11.

Roth et al. Press Release re the FTA  Motion for Judgment on the Pleadings. 9/12/11.

Plaintiff's response to the FTA Motion for Judgment on the Pleadings 9/26/11.

Plaintiff's response to the FTA request for judicial notice. 9/26/11.

Roth et al. Press Release re the filing of the Response. 9/27/11.

Defendant's reply to the Plaintiffs response. 10/11/11.

Nossaman Letter to Yost. 10/26/2011.

Transcript of the November 30th hearing.

Court's Order on Defendant's Motion for Judicial Notice. 10/31/11.

Letter Yost to Whitfield, Thornton et al.  12/2/2011.

Court's Order on Motion for Partial Judgment on the Pleadings. 12/12/11.

HART requests a Letter of No Prejudice. 12/27/2011.

FTA's acceptance of city's entry into final design. 12/29/2011

Memorandum to support Plaintiffs amendment to Complaint. 12/29/2012.

Declaration of Robert Loy re above Memorandum. 12/29/2012.

Filings re intervenors. 1/3/2012.

Minute Order defers scheduling conference. 1/09/12.

Scheduling order. 1/10/2012.

Stipulation for Defendants time to file amended complaint. 1/11/2012.

Defendants have to 1/23 to file a response. 1/12/2012.

Order for time to respond to intervenors filing. 1/20/2012.

Opposition of Plaintiffs to intervenors.  1/26/2012

Declaration of Yost opposing intervenors. 1/26/2012.

Plaintiffs' attorneys' letter to Defendants' attorneys. 1/27/2012.

Defendants' attorneys' letter Plaintiffs' attorneys. 2/3/2012.

Administrative Record Index from FTA. 2/3/2012.

FTA grants LONP to HART. 2/6/2012.

 

Click here for the complete legal history of our case through January 20, 2012 from PACER.