Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Reneldo Rodriguez and Lek-Rlp Johnshawn Basler, On Behalf of Themselves and All Others Similar Situated v. Starwood Hotels & Resorts Worldwide

September 22, 2011

RENELDO RODRIGUEZ AND LEK-RLP JOHNSHAWN BASLER, ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILAR SITUATED, PLAINTIFF,
v.
STARWOOD HOTELS & RESORTS WORLDWIDE, INC., DBA WESTIN MAUI RESORT & SPA, 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

RENELDO RODRIGUEZ, ET AL. V. STARWOOD HOTELS & RESORTS WORLDWIDE, INC.; CIVIL NO. 09-00016 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 HAWAI`I SUPREME COURT FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAI`I IN Plaintiffs, v. LEK-RLP AND MARRIOTT HOTEL SERVICES, LEK-RLP INC., DBA WAILEA MARRIOTT RESORT, Defendant.

CIV. NO. 09-00016

CIV. NO. 08-00529

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

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

The instant cases are before the United States District Court for the District of Hawai`i pursuant to diversity jurisdiction in accordance with the Class Action Fairness Act. [Villon, et al. v. Marriott Hotel Servs., Inc., CV 08-00529 LEK- RLP, Amended Class Action Complaint, filed 6/28/10 (dkt. no. 60), at ¶ 2 (citing 28 U.S.C. § 1332(d)(2)); Rodriguez, et al. v. Starwood Hotels & Resorts Worldwide, Inc., CV 09-00016 LEK-RLP, Second Amended Complaint, filed 6/28/10 (dkt. no. 66), at ¶ 2 (same).] These actions relate to the distribution of hotel services charges pursuant to Haw. Rev. Stat. § 481B-14. The plaintiffs in each case allege that each defendant imposes service charges in its resort that are subject to § 481B-14 and that each defendant uses a portion of the service charges "to pay for costs or expenses other than wages and tips of employees." See § 481B-14. Each defendant, however, allegedly did not clearly disclose its practice to its customers. The plaintiffs in each case allege that each defendant's failure to make clear disclosures requires each defendant to distribute the entire ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.