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.
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Sandwich Isles Scam History: