Legal Opinion

Kealia Water Co. Holdings, LLC v. Plantation Partners Kauai, LLC

District Court, D. Hawaii

Decided April 1, 2009No. Civ. 08-00333 ACK-BMKPublishedCited by 1 opinion

1Opinion of the Court

ORDER DENYING DEFENDANT’S MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION AND GRANTING DEFENDANT’S MOTION TO STAY ALL PROCEEDINGS PENDING ADJUDICATION BY THE HAWAI’I PUBLIC UTILITIES COMMISSION

ALAN C. KAY, Senior District Judge.

Defendant moves this Court for dismissal of the Complaint for lack of subject matter jurisdiction. The Court finds that the Hawai’i Public Utilities Commission must initially adjudicate Plaintiffs claims. Accordingly, the Court denies Defendant’s Motion to Dismiss but grants Defendant’s Motion to stay the proceedings in this case pending an adjudication by…

2Cases cited17 opinions

  1. Landis v. North American Co.Supreme Court of the United States · 1936
  2. Wyatt v. TerhuneCourt of Appeals for the Ninth Circuit · 2003
  3. Shelley Savage v. Glendale Union High School, District No. 205, Maricopa CountyCourt of Appeals for the Ninth Circuit · 2003
  4. Trevor A. Laing v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2004
  5. Richard McCarthy v. United StatesCourt of Appeals for the Ninth Circuit · 1988

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3Cited by1 opinion

  1. Morning Hill Foods, LLC v. HoshijoDistrict Court, D. Hawaii · 2017

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