Ka Wai Ola - Office of Hawaiian Affairs, Volume 29, Number 6, 1 June 2012 — Page 13 Advertisements Column 1 [ADVERTISEMENT]

THE FIRST CIRCUIT COURT HAS APPROVED THIS NOTICE

Kalima, et al, v. State of Hawai'i, et al. NOTICE OF RIGHT TO OPT-OIJT OF \\ AH IN(. LIST DAMAGES MOPEL STIBCĪASS The Honorable Virginia L. Crandall, Judge of the First Circuit Court, State of Hawai'i, has granted subclass action status to Waiting List Liabihty Subclass members for purposes of establishing a model that is to be used to calculate Ihe amount of damages for subclass members in Kalima, et al., v. State ofHawai et al., Civil No. 99-4771-12 VLC. You are receiving this notice because you were earlier identified as a member of Ihe Waiting List Liability Subclass and wih 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 Ihe Waiting List Liability Subclass, will eonhnue to represent your interests as members of Ihe Waiting List Damages Model Subclass in this case, if you choose not to opt out. You Do Not Neeel To Notifv Anvone Or Take Anv Action At This Time To Pursue Your Damages Claims As Part of the Waiting List Damages Moeiel Subclass. Please be advised of the fohowing: What is the Status of This Case? In October 2009, Judge Eden Hifo of Ihe First Circuit Court, State of Hawai'i, ruled that Ihe State of Hawai'i was Uable for breaches of hust that resulted m delays in awarding homesteads to Waiting List Liability Subclass members. In December 2009, Judge Hifo also ruled that Plamtiffs proved these breaches of trust caused damages. JudgeHiforetiredaftermaldngtheseruUngs. After Judge Hifo's retirement, Ihe case was transferred to Judge Virgmia CrandaU. On June 6, 20 1 1 , Judge CrandaU recertified Ihe WaitUig List LiabiUty Subclass as Ihe WaitUig List Damages Model Subclass to determUie the damages model that wUl be used for calculating Ihe amount of damages suftered by members of Ihe WaitUig List Damages Model Subclass caused by the State of Hawai'i's breaches of trust. You are receivmg this Nohee to Uiform you that the