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Daryl Dean Davis; Mark Apana; Elizabeth Valdez Kyne; Earl Tanaka v. Four Seasons Hotel Limited

September 30, 2011

DARYL DEAN DAVIS; MARK APANA; ELIZABETH VALDEZ KYNE; EARL TANAKA;
THOMAS PERRYMAN; DEBORAH SCARFONE; ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,
v.
FOUR SEASONS HOTEL LIMITED, DBA FOUR SEASONS RESORT, MAUI AND FOUR SEASONS RESORT, HUALALAI; MSD CAPITAL, INC.,
DEFENDANTS.



The opinion of the court was delivered by: Helen Gillmor United States District Judge

ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION FOR CLASS CERTIFICATION

On July 19, 2011, the Magistrate Judge issued a Findings and Recommendation for Class Certification. On August 2, 2011, Defendant Four Seasons Hotel, Limited filed an Objection. On August 16, 2011, Plaintiffs filed a Response to the Objection. The Magistrate Judge's Findings and Recommendation are ADOPTED.

PROCEDURAL HISTORY

On November 21, 2008, Plaintiffs filed a Class Action Complaint. (Doc. 1).

On January 12, 2009, Plaintiffs filed an Amended Class Action Complaint. (Doc. 13).

On January 30, 2009, Defendant Four Seasons Hotel, Limited filed a Motion to Dismiss. (Doc. 32).

On March 24, 2009, a hearing was held on Defendant's Motion to Dismiss. (See Doc. 53). The Court denied the Motion and ordered the parties to meet and confer in order to frame an appropriate question to the Hawaii Supreme Court regarding Plaintiffs' standing. (See Doc. 53).

On June 2, 2009, the Court certified the question to the Hawaii Supreme Court regarding Plaintiffs' standing to pursue their unfair competition claim under H.R.S. § 480-2(e) for a violation of H.R.S. § 481B-14. (Doc. 75).

On July 28, 2009, the Court directed the Clerk's Office to close the case administratively, while the matter was before the Hawaii Supreme Court. (Doc. 88).

On March 29, 2010, the Hawaii Supreme Court issued a ruling on the certified question. Davis, et al., v. Four Seasons Hotel Ltd, et al., 228 P.3d 303 (Haw. 2010). The Hawaii Supreme Court ruled that Plaintiffs have standing to pursue a claim unfair competition claim under H.R.S. § 480-2(e) for a violation of H.R.S. § 481B-14 if they sufficiently allege the nature of the competition that caused their injuries. Id.

On April 9, 2010, the Defendant filed a Motion to Reopen the Case. (Doc. 93).

On April 19, 2010, Plaintiffs filed a Statement of No Opposition to Defendant's Motion to Reopen Case. (Doc. 100).

On May 6, 2010, the Court granted Defendant's Motion to Reopen Case. (Doc. 102).

On September 3, 2010, Plaintiffs filed a Second Amended Class Action Complaint. (Doc. 122).

On November 3, 2010, Defendant filed an Answer to the Second Amended Complaint. (Doc. 126).

On April 4, 2011, Plaintiffs filed a Motion to Certify Class. (Doc. 130).

On May 6, 2011, Defendant filed an Opposition. (Doc. 139). On June 27, 2011, Plaintiffs filed a Reply. (Doc. 152).

On July 11, 2011, Magistrate Judge Barry Kurren held a hearing on Plaintiffs' Motion for Class Certification. (Doc. 165).

On July 19, 2011, Magistrate Judge Barry Kurren issued a Findings and Recommendation that Plaintiffs Motion for Class ...


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