Marshall v. University of Hawai'i

OPINION OF THE COURT BY

HEEN, J.

This is an appeal by Plaintiff-Appellant Michael D. Marshall (Marshall) from a summary judgment entered in favor of Defendants-Appellees University of Hawai‘i (UH), Paul Kopecky (Kopecky), Edward J. Kormondy (Kormondy), and Charles M. Fullerton (Fullerton). The dispositive question is whether Marshall should have been accorded time for discovery prior to any ruling on Defendants’ motion to dismiss or for summary judgment (Motion). We answer yes as to a part of Count I and as to Counts III, IV and V, and vacate the judgment as to those counts; however, we answer…