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<br />Mr. Henricks: Make a motion to dismiss. <br /> <br />Mr. Adams: Yeah, I, alright why don’t you do that one. <br /> <br />Mr. Henricks: Alright at this time I’d like to make a motion to dismiss based on <br />the conclusions I came to in my scenario that Mr. Henkel, if he <br />was impatient and frustrated it was directed at the situation and <br />was not at any attempt to on anyway be discourteous to Ms. Tita. <br /> <br />Mr. Adams: I would second that. <br /> <br />Mr. Balsis: The motion has been made and has been seconded and so let’s <br />have some discussion on this specific motion. <br /> <br />Mr. Adams: Are we dismissing or are we coming up with a finding? Cause if <br />we’re dismissing then there’s no reason for, there doesn’t have to <br />be anything in reason for the dismissal. Right if you’re going…. <br /> <br />Mr. Balsis: The motion is to dismiss. <br /> <br />Mr. Adams: Right. I would, the only thing I would _____ without. My only <br />concern is that the record, we know that there’s an audio version of <br />this. We know that the transcription, that the minutes are <br />transcribed version of those of that audio. We haven’t heard the <br />audio necessarily we’re, I’m taking that the minutes are a fair <br />representation on what’s on the audio and so that’s where I’m <br />going to be. If there is, if the audio shows up and it turns out that’s <br />not the case then I wouldn’t want this dismissal necessarily be <br />prejudicial to any future, but it will only be in that situation that I <br />would _____. You understand what I’m saying? <br /> <br />Mr. Henricks: I don’t agree with it, but you can say it. <br /> <br />Mr. Adams: I’m just saying that… <br /> <br />Mr. Henricks: I’m dismissing period, with no conditions upon my dismissal. <br /> <br />Mr. Adams: Without prejudice? Fair and that’s fine we can do that it doesn’t <br />prevent anything else. <br /> <br />Ms. Kahakalau: I would also go with Judge Hendricks because there’s nobody now <br />that’s going to be following up, a, you know, it’s very well be that <br />it has been erased already, but because it’s not a practice to keep it <br />and because there’s you know, not even I think a clear guideline <br />18 <br /> <br /> <br />