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Bert Villon and Mark Apana v. Marriott Hotel Services

September 22, 2011

BERT VILLON AND MARK APANA,
PLAINTIFFS,
v.
MARRIOTT HOTEL SERVICES, INC., DBA WAILEA MARRIOTT RESORT, DEFENDANT.



The opinion of the court was delivered by: Leslie E. Kobayashi United States District Judge

ORDER REQUESTING COMMENT ON PROPOSED CERTIFIED QUESTIONS TO THE HAWAI`I SUPREME COURT; EXHIBIT "A"

In each case, this Court has issued an order administratively terminating, without prejudice, the parties' dispositive motions in light of the Court's decision to certify case-dispositive questions of state law to the Hawai`i Supreme Court. [Villon, et al. v. Marriott Hotel Servs., Inc., CV 08-00529 LEK-RLP, filed 9/8/11 (dkt. no. 125); Rodriguez, et al. v. Starwood Hotels & Resorts Worldwide, Inc., CV 09-00016 LEK-RLP, filed 9/8/11 (dkt. no. 134).]

Attached as Exhibit A is the Court's proposed order -"Certified Questions to the Hawai`i Supreme Court from the United States District Court for the District of Hawai`i in Civ. No. 08-00529 LEK-RLP and Civ. No. 09-00016 LEK-RLP" ("Certified Questions").*fn1 The parties may comment on form of the proposed Certified Questions, the phrasing of the questions, and whether there are any other dispositive questions of state law that the Court should certify. The Court emphasizes that it is not inviting the parties to raise substantive challenges to the Court's orders administratively terminating the dispositive motions, including the decision to certify questions.

The parties shall file their comments to the proposed Certified Questions by October 5, 2011. If no responses are filed, the Court will proceed with the Certified Questions as written. After the Certified Questions are filed, the Court intends to issue a separate order staying and administratively closing this action.

IT IS SO ORDERED.

Leslie E. Kobayashi

BERT VILLON AND MARK APANA V. MARRIOTT HOTEL SERVICES, INC.; CIVIL NO. 08-00529 LEK-RLP; ORDER REQUESTING COMMENT ON PROPOSED CERTIFIED QUESTIONS TO THE HAWAI`I SUPREME COURT

EXHIBIT "A"

HAWAI`I SUPREME COURT BERT VILLON and MARK APANA, ) CERTIFIED QUESTIONS TO THE

CIV. NO. 08-00529

LEK-RLP AND CIV. NO. 09-00016 LEK-RLP

THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAI`I IN

HAWAI`I SUPREME COURT FROM Plaintiffs, v. MARRIOTT HOTEL SERVICES, INC., DBA WAILEA MARRIOTT RESORT, Defendant.

RENELDO RODRIGUEZ and JOHNSON ) BASLER, on behalf of ) themselves and all others ) similarly situated, Plaintiffs, v. STARWOOD HOTELS & RESORTS ) WORLDWIDE, INC., ...


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