Monday, September 16, 2024
Hawai'i Free Press

Current Articles | Archives

Thursday, August 1, 2024
Al Hee Laughed out of Court—“Close this Case!”
By Andrew Walden @ 2:40 AM :: 1581 Views :: DHHL, Ethics, Hawaii History

Al Hee Laughed out of Court—“Close this Case!”

by Andrew Walden

Even lawyers have limits.

After six years of Al Hee litigation, Federal District Judge Michael Seabright has had enough.  Hawaiian Tel is assuming ownership of the Al Hee Sandwich Isle assets it bought at bankruptcy auction—but not without a blast of exasperation from irritated lawyers.

From responses to Hee’s final ‘Motion for Reconsideration’ in 1:18-cv-00145 United States vs Sandwich Isles Communications:

UNITED STATES’ OPPOSITION TO DEFENDANT WAIMANA ENTERPRISES, INC.’S MOTION FOR RECONSIDERATION  July 24, 2024

Motions for reconsideration are appropriate only in very limited circumstances and should not be casually used as a last-ditch tool to relitigate issues because a party does not like an outcome. Yet, ignoring the Court’s previous rejection of the same argument raised by Waimana in its Opposition to the United States of America’s Motion for Order Approving Confirmation of Execution Sale (“Waimana Confirmation Sale Opposition”) (ECF No. 558), Waimana—repeating a prior tactic—erroneously asks the Court to reconsider the same issues it unsuccessfully presented and argued before the Court earlier this month. Waimana also improperly asserts arguments on reconsideration that it could have raised earlier but did not. Not only is reconsideration improper, Waimana’s arguments misread, mischaracterize, and ignore the language in Hawaiian Telcom, Inc.’s (“HTI”) bid (“HTI Bid”). Waimana’s Motion fails to meet the requirements for reconsideration and should be denied.

HAWAIIAN TELCOM, INC.’S MEMORANDUM IN OPPOSITION TO WAIMANA ENTERPRISES, INC.’S MOTION FOR RECONSIDERATION   July 25, 2024

The Reconsideration Motion is yet another attempt at serial litigation by the Hee enterprises. In some cases, that serial litigation occurs in the same venue; in others, it is by attempting to re-litigate in a new venue issues decided against them in another. Whatever the specifics of the serial litigation, the means selected to blow onto the dying embers all share a similar modus operandi used in the Reconsideration Motion: (a) to make arguments by taking language out of context and failing to quote full passages of documents and (b) to play the “shell game” with respect to the entities owned and controlled by Al Hee, by claiming that one does not have the same information or responsibility as another.

ORDER DENYING DEFENDANT WAIMANA ENTERPRISES, INC.’S MOTION FOR RECONSIDERATION   July 29, 2024

After review of the Motion for Reconsideration and the Oppositions, the court DENIES the Motion for Reconsideration. The court agrees with Plaintiff and Hawaiian Telecom that Waimana has failed to meet the strict standards for reconsideration under Local Rule 60.1 (or any other rule). There has been no intervening change in controlling law, no discovery of new evidence, nor any manifest error of law or fact. Waimana’s Motion for Reconsideration improperly repeats arguments already made. The Hawaiian Telecom bid was consistent with the terms of the Procedures Order, especially considering the waivers and concessions discussed at the July 2, 2024 hearing. The bid does not violate the Federal Communications Act, the Rural Electrification Act, or the Hawaiian Homes Commission Act.  And the court agrees with Hawaiian Telecom’s characterization of the Motion for Reconsideration. It “is yet another attempt at serial litigation by the Hee enterprises.” “Whatever the specifics of the serial litigation,” the Motion for Reconsideration is a failed attempt “to blow onto the dying embers” of this “maelstrom of litigation.”

The Motion for Reconsideration is DENIED. Accordingly, the United States is directed to proceed with its efforts to submit the necessary documents to close this case. If possible, it should do so by August 5, 2024.

Don’t worry dear reader.  The Ninth Circuit Court of Appeals beckons.

---30---

Sandwich Isles Scam History:

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

Aloha Pregnancy Care Center

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Ballotpedia Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii

FIRE

Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Habele.org

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii ConCon Info

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federation of Republican Women

Hawaii History Blog

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii Military History

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Together

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

July 4 in Hawaii

Land and Power in Hawaii

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii

MentalIllnessPolicy.org

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

Natatorium.org

National Parents Org Hawaii

NFIB Hawaii News

NRA-ILA Hawaii

Obookiah

OHA Lies

Opt Out Today

Patients Rights Council Hawaii

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii

RailRipoff.com

Rental by Owner Awareness Assn

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

School Choice in Hawaii

SenatorFong.com

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii