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DAMON KED` L[ONG KUPCF-IAK HASTERT hawaiilowyer'.com <br /> Confidentiality Notice:This email message,including any attachments,is for the sole use of the intended recipient(s)and <br /> may contain confidential and privileged information. Any unauthorized review, use, disclosure, or distribution is <br /> prohibited.If you are not the intended recipient,please contact the sender by reply e-mail and destroy all copies of the <br /> original message.Thank you. <br /> FRAUD ALERT—PLEASE CALL YOUR DAMON KEY CONTACT TO VERIFY ANY EMAIL OR FAX REQUESTS FOR WIRE <br /> TRANSFER PAYMENTS,WIRING INSTRUCTIONS,OR CHANGES TO WIRING INSTRUCTIONS THAT APPEAR TO BE FROM <br /> OUR FIRM. <br /> From: Derek B. Simon <dsimon@carlsmith.com> <br /> Sent: Wednesday, October 2, 2024 1:14 PM <br /> To: 'Planning Board of Appeals' <boardofappeals@hawaiicounty.gov> <br /> Cc: Wan, Sylvia A<SylviaA.Wan@hawaiicounty.gov>; Campbell,Jean K<JeanK.Campbell@hawaiicounty.gov>; Bailey, <br /> Elizabeth B. <ElizabethB.Bailey@hawaiicounty.gov>; Kenneth R. Kupchak<krk@hawaiilawyer.com>; Mark M. Murakami <br /> <mmm@hawaiilawyer.com>;Toren K. Yamamoto<tky@hawaiilawyer.com>; Patrick K. Wong<pwong@carlsmith.com>; <br /> Ian R. Wesley-Smith <iwesley-smith@carlsmith.com>; Cynthia Y. Arashiro<carashiro@carlsmith.com> <br /> Subject: FW: In the Matter of Appeal of 1250 Oceanside, LLC Case Nos. PL-BOA-2024-000104 & PL-BOA-2024-000105 - <br /> Intervenor's Exhibit Lists <br /> Dear Chair Lewis: <br /> On behalf of Appellant 1250 Oceanside, LLC, I am writing to object to Intervenor C &J Family Limited Partnership's late <br /> filing of its responsive exhibits and to request additional time to submit responsive exhibits. <br /> The BOA's Scheduling Order issued September 11th set clear deadlines for the filing of exhibits. Initial exhibits were to <br /> be filed and served no later than 4:30 p.m. on September 18th, and responsive exhibits were required to be filed and <br /> served no later than 4:30 p.m. on September 25th. Intervenor did not file any exhibits prior to either the September <br /> 18th initial exhibit deadline or the September 25th responsive exhibit deadline. Instead, at 9:44 p.m. on September <br /> 26th, Intervenor emailed its exhibit lists and responsive exhibits, which total 540 pages. A copy of that email is below. <br /> We object to Intervenor's exhibits because: (1)they are not responsive to Appellant's or Appellee Planning Director's <br /> exhibits, but instead are clearly initial exhibits that relate to Intervenor's case before the Board, and should have been <br /> filed on September 18th; and (2)were not even filed by the September 25th responsive deadline, but instead on <br /> September 26(late at night). By serving its initial exhibits as "responsive exhibits," Intervenor deprived Appellant of the <br /> opportunity to serve responsive exhibits. <br /> Based on these objections, we respectfully request that Appellant be granted an extension until Monday, October 7th to <br /> file and serve responsive exhibits, if any, to Intervenor's exhibits. <br /> Thank you, <br /> Derek <br /> DEREK B. SIMON <br /> Partner I Carlsmith Ball LLP <br /> Carlsmith Ball <br /> w Li <br /> k.4111 Cr LIAaut T!LArM PAM HIP <br /> 1001 Bishop Street, Suite 2100 <br /> Honolulu, HI 96813 <br /> Tel: 808.523.2589 Fax: 808.523.0842 <br /> Honolulu • Hilo • Kona • Maui <br /> 2 <br />