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respect to the import of the deed language, and there was a mediation that the Court ordered out of that lawsuit. So we can ask the parties what the status of that is. GRAHAM: Okay, I think we should turn our attention to the parties right now, and hear from them. And for sure what we want to try to determine is what’s the proper and most efficient way we can go forward from here. Maybe I can start with my left, with Mr. Ibbetson and Mr. Krueger. Do you folks need any more sense from me about what we want from you right now, or can you go ahead and give us your sense of how you would like to proceed at this time? And before you speak, just give your name and address for the record, please. KRUEGER: Sure, Mr. Chair. My name is Dennis Krueger. My address is 75- 5722 Kuakini Highway, Suite 208, Kailua-Kona.Mr. Torigoe’s comment with regard to mediation is correct, with a couple of minor changes. The action was originally brought by Mr. Ibbetson against Mr. Kaiawe for injunctive relief with regard to his access to the property and issues that arose as a result of that. As a counterclaim to that injunction, Mr. Kaiawe brought an action asking the Court to determine his rights outside of the deed itself. In other words, what rights basically did he have with regard to the property, to enter the property, to visit the gravesites and so forth, aside from what the Hawaii Conference Foundation deed says with regard to the rights reserved to individuals who are descendants of the people buried in the grave? The parties were ordered to mediation in that case.The mediation did not include the County, did not include issues related to this bed and breakfast permit application. It was only the parties who were involved in the other dispute, being Mr. Kaiawe, Mr. Ibbetson and Hawaii Conference Foundation. The Hawaii Conference Foundation was brought into that action by Mr. Kaiawe on a third party complaint. There was a mediation that was held. The first day of mediation where the judge, former judge, retired judge, Ricki May Amano, acted as the mediator, and worked with the parties on the first day of mediation. There was a site visit that was conducted subsequent to that about a week later, with further mediation occurring in the afternoon of the same day. Subsequent to that, and last Saturday, there was a meeting here at the King Kamehameha Kona Beach Hotel between Judge Amano, Mr. Kaiawe, Mr. Matsukawa, the Hawaii Conference Foundation and their attorneys. And the meeting was for the purpose of addressing Mr. Kaiawe’s family, the rest of the family, and to bring them up to speed on what was happening with the mediation. The judge requested that myself and Mr. Ibbetson not be present at that, and then just proceed with the other parties in the mediation. The status of the mediation at this time is that there is no future hearing date set right now for the mediation. That’s still up to Judge Amano, I guess, to establish a further date for conclusion of the mediation. I spoke to Judge Amano on Monday after the mediation. I was led to believe that there may be some offer coming from Mr. Kaiawe’s family on how they would like to proceed in the mediation. I’ve not received anything to this date in that regard. Mr. Ibbetson’s request at this time, because the bed and breakfast permit is separate from the other action, is to proceed with the bed and breakfast permit application. That can certainly be negotiated with Mr. Kaiawe and his family and the Hawaii Conference Foundation as a part of this other litigation, if they choose to include it in that. But right now it’s not a part of the mediation. It’s not -. In other words that’s why Mr. Torigoe and the County are not participating because this is a separate proceeding from the other Third Circuit Court action. So EXHIBIT A 5