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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF HAWAII

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KELII AKINA, KEALII

MAKEKAU, JOSEPH KENT,
YOSHIMASA SEAN MITSUI,
PEDRO KANAE GAPERO, and
MELISSA LEINAALA MONIZ,
Plaintiffs,
vs.
THE STATE OF HAWAII;
GOVERNOR DAVID Y. IGE, in
his official capacity;
ROBERT K. LINDSEY, JR.,
Chairperson, Board of
Trustees, Office of
Hawaiian Affairs, in his
official capacity; COLETTE
Y. MACHADO, PETER APO,
HAUNANI APOLIONA, ROWENA
M.N. AKANA, JOHN D.
WAIHEE, IV, CARMEN HULU
LINDSEY, DAN AHUNA,
LEINAALA AHU ISA,
Trustees, Office of
Hawaiian Affairs, in their
official capacities;
KAMANAOPONO CRABBE, Chief
Executive Officer, Office
of Hawaiian Affairs, in his
official capacity; JOHN D.
WAIHEE, III, Chairman,
Native Hawaiian Roll
Commission, in his official
capacity; NAALEHU ANTHONY,
LEI KIHOI, ROBIN DANNER,
MAHEALANI WENDT,
Commissioners, Native
Hawaiian Roll Commission,
in their official
capacities; CLYDE W.
NAMUO, Executive Director,
Native Hawaiian Roll
Commission, in his official
capacity; THE AKAMAI

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CIVIL NO. 15-00322JMS-BMK

Honolulu, Hawaii
October 20, 2015
9:33 a.m.
[47] PLAINTIFFS' MOTION FOR
PRELIMINARY INJUNCTION

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FOUNDATION; and THE NAI

AUPUNI FOUNDATION; and DOE
DEFENDANTS 1-50,

Defendants.

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PARTIAL TRANSCRIPT OF PROCEEDINGS

BEFORE THE HONORABLE J. MICHAEL SEABRIGHT,
UNITED STATES DISTRICT JUDGE
APPEARANCES:
For the Plaintiffs:

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H. CHRISTOPHER COATES, ESQ.

Law Office of H. Christopher Coates
934 Compass Point
Charleston, South Carolina 29412

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For Defendants Na'i

Aupuni and The Akamai
Foundation:

WILLIAM MEHEULA, ESQ.

Sullivan Meheula Lee
745 Fort Street, Suite 800
Honolulu, Hawaii 96813

For Defendant Na'i

Aupuni:

DAVID J. MINKIN, ESQ.

McCorriston Miller Mukai MacKinnon
Five Waterfront Plaza, 4th Floor
500 Ala Moana Boulevard
Honolulu, Hawaii 96813

For Defendant Office

of Hawaiian Affairs:

ROBERT G. KLEIN, ESQ.

McCorriston Miller Mukai MacKinnon
Five Waterfront Plaza, 4th Floor
500 Ala Moana Boulevard
Honolulu, Hawaii 96813

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MICHAEL A. LILLY, ESQ.

Ning Lilly & Jones
707 Richards Street, Suite 700
Honolulu, Hawaii 96813
ROBERT D. POPPER, ESQ.
Judicial Watch, Inc.
425 Third Street, SW
Washington, DC 20024

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APPEARANCES (Cont'd.):

For Defendant Office

of Hawaiian Affairs:

KANNON SHANMUGAM, ESQ.

ELLEN E. OBERWETTER, ESQ.
Williams & Connolly LLP
725 Twelfth Street, N.W.
Washington, D.C. 20005

For the State

Defendants:

DONNA H. KALAMA, ESQ.

ROBERT NAKATSUJI, ESQ.
Deputy Attorneys General
Department of the Attorney
General, State of Hawaii
425 Queen Street
Honolulu, Hawaii 96813

Also Present, for

Proposed IntervenorDefendants Samuel L.
Kealoha, Jr., Virgil
E. Day, Josiah L.
Hoohuli, Patrick L.
Kahawaiolaa and Melvin
Hoomanawanui:

WALTER R. SCHOETTLE, ESQ.

Walter R. Schoettle, a Law Corp.
1088 Bishop Street, Suite 1304
P.O. Box 596
Honolulu, Hawaii 96809-0596

Official Court
Reporter:

Cynthia Fazio, RMR, CRR

United States District Court
P.O. Box 50131
Honolulu, Hawaii 96850

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Proceedings recorded by machine shorthand, transcript produced

with computer-aided transcription (CAT).

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TUESDAY, OCTOBER 20, 2015

9:33 A.M.

* * * * *

(Start of partial transcript:)

THE COURT:

exactly what it was.

MR. POPPER:

THE COURT:

There was a motion and I don't know

Is that the Kingdom of Hawaii?

Right.

I mean it could be read as a

motion to intervene when you look at the conclusion and what is

being sought.

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MR. POPPER:

Kingdom of Hawaii, such as it is --

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Your Honor, as I understood it, the

THE COURT:

I think his lawyer, their lawyer, if they

are an entity, is here.

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Are you seeking any ruling from me?

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MR. SINKIN:

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THE COURT:

You're Mr.?

Sinkin.
Sinkin.

It's a little unclear to me based

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on what you filed if you're seeking from me anything in

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particular or if it's a notice, as you put it in your caption I

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believe.

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MR. SINKIN:

It was a notice and intended to put the

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Court -- to make the Court aware of what we consider to be a

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missing indispensable party which would have jurisdictional

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implications for this case.

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THE COURT:

Right.

Okay.

But you're not asking to

intervene, you're not asking anything of that sort --

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MR. SINKIN:

We're not asking to become a party.

THE COURT:

You're not asking to become a party.

MR. SINKIN:

THE COURT:

All right.

So I don't think I need

anything from -- unless I ask for it from anybody.

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No.

All right.

Anything further?

No.

Thank you all very

much.

MR. MEHEULA:

(The proceedings concluded at 1:52 p.m.,

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October 20, 2015.)

All right?

Thank you.

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COURT REPORTER'S CERTIFICATE

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I, CYNTHIA FAZIO, Official Court Reporter, United

States District Court, District of Hawaii, do hereby certify

that pursuant to 28 U.S.C. 753 the foregoing pages is a

complete, true, and correct transcript of the stenographically

reported proceedings held in the above-entitled matter and that

the transcript page format is in conformance with the

regulations of the Judicial Conference of the United Stated.

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DATED at Honolulu, Hawaii, October 24, 2015.

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_/s/ Cynthia Fazio

CYNTHIA FAZIO, RMR, CRR