Notice of Right To Opt-Out of Waiting List Damages Model Subclass

THE FIRST CIRCUIT COURT HAS APPROVED THIS NOTICE 

Kalima, et al., v. State of Hawai’i, et al. 

NOTICE OF RIGHT TO OPT-OUT OF WAITING LIST DAMAGES MODEL SUBCLASS

The Honorable Virginia L. Crandall, Judge of the First Circuit Court, State of Hawai‘i, has granted subclass action status to Waiting List Liability Subclass members for purposes of establishing a model that is to be used to calculate the amount of damages for subclass members in Kalima, et al., v. State of Hawai‘i, et al., Civil No. 99-4771-12 VLC.

You are receiving this notice because you were earlier identified as a member of the Waiting List Liability Subclass and will continue to be included in the Waiting List Damages Model Subclass that Judge Crandall certified, unless you opt-out as explained below.  Thomas R. Grande and Carl M. Varady, class counsel for the Waiting List Liability Subclass, will continue to represent your interests as members of the Waiting List Damages Model Subclass in this case, if you choose not to opt out.

You Do Not Need To Notify Anyone Or Take Any Action At This Time To Pursue Your Damages Claims As Part of the Waiting List Damages Model Subclass.

Please be advised of the following:

What is the Status of This Case?

In October 2009, Judge Eden Hifo of the First Circuit Court, State of Hawai‘i, ruled that the State of Hawai‘i was liable for breaches of trust that resulted in delays in awarding homesteads to Waiting List Liability Subclass members.  In December 2009, Judge Hifo also ruled that Plaintiffs proved these breaches of trust caused damages.

Judge Hifo retired after making these rulings.  After Judge Hifo’s retirement, the case was transferred to Judge Virginia Crandall.

On June 6, 2011, Judge Crandall recertified the Waiting List Liability Subclass as the Waiting List Damages Model Subclass to determine the damages model that will be used for calculating the amount of damages suffered by members of the Waiting List Damages Model Subclass caused by the State of Hawai‘i’s breaches of trust.

You are receiving this Notice to inform you that the Court will consider and rule on the method of calculating damages and arguments asserted by the State against damage claims.  This Notice does not mean that damages have been or will be awarded to the Waiting List Damages Model Subclass or to any subclass member.  Further legal proceedings, including possibly a trial, will be held in the future to determine what amount of damages, if any, will be awarded to the subclass members.

You Do Not Need To Take Any Action To Have Your Damages Claim Presented In Further Legal Proceedings As Part of the Waiting List Damages Model Subclass. Your Damages Claim Will Be Presented By Class Counsel.

The Court file in this case is available to the public and can be examined at the office of the Clerk of Court, First Circuit Court, 777 Punchbowl Street, Honolulu, Hawai‘i 96813.

This Notice also is to address questions you may have, including:

How do I Join the Waiting List Damages Model Subclass?

            You do not have to do anything to join the Waiting List Damages Model Subclass.  The lawsuit will be presented on your behalf by the Subclass representatives and Class Counsel.  You will not have to pay any attorneys’ fees or costs or take any other action to participate.  Class Counsel will be paid only if there is a recovery for the class.  Class Counsel payment and any costs must be approved by the Court.  You will continue to receive notice of important rulings or proceedings as directed by the Court. 

How do I Opt-Out of the Waiting List Damages Model Subclass?

If you do not wish to continue as a member of the Waiting List Damages Model Subclass, you may opt-out of the Subclass and:

a)       Hire your own attorney and file your own damages complaint;

b)      File your complaint pro se without an attorney; or

c)       Elect not to pursue your damages claims in this case.

Even if you opt-out, however, you remain bound by the rulings of the Court up to this point.

TO OPT-OUT OF THE WAITING LIST DAMAGES MODEL SUBCLASS, mail a letter with the following information:  (1) your printed full legal name, (2) your address, (3) your signature, (4) the civil case number (Civil No. 99-4771-12 VLC ), and (5) a statement that you do not want to be a member of the Waiting List Damages Model Subclass.  THE LETTER MUST BE POSTMARKED NO LATER THAN July 15, 2012 and addressed as follows:

Kalima v. State, Civil No. 99-4771-12 VLC
Clerk of the Court
Circuit Court of the First Circuit
Kaahumanu Hale
777 Punchbowl Street
Honolulu,Hawai’i 96813

If You Opt-Out Of the Damages Model Subclass and Wish to Pursue Your Claims You Must File Your Own Complaint in the Circuit Court by September 1, 2012.

If You Opt-Out Of the Damages Model Subclass You Will Not Be ble To Rejoin The Subclass After You Opt-Out.

If There Is A Settlement Or Judgment In Favor Of The Damages Model Subclass After You Opt-Out, You Will Not Be Able To Participate In or Receive Compensation Paid to the Subclass as a Result of The Settlement Or Judgment.

For More Information:

If you have any questions about the Kalima lawsuit or this notice, please visit http://www.Kalima-Lawsuit.com.  If your questions are not answered by the information contained on the website, please email info@Kalima-Lawsuit.com or call 1-888-901-4564.

Class Counsel:

Thomas Grande
Grande Law Offices
1164 Bishop Street
Suite124-24
Honolulu,Hawai’i 96813
Carl Varady
Law Offices of Carl M. Varady
1003 Bishop Street
PauahiTower,Suite1730
Honolulu,Hawai’i 96813

PLEASE DO NOT CONTACT THE COURT

State of Hawaii Judiciary logo

By Order of the Honorable Virginia L. Crandall, Judge
Circuit Court Judge of the First Circuit
State of Hawaii
Dated May 1, 2012