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Home My WebLink About2024-10-02 Appellant Objection to Responsive Exhibits, Intervenor Response DeVera, Ashley From: Toren K. Yamamoto <tky@hawaiilawyer.com> Sent: Wednesday, October 2, 2024 2:05 PM To: Derek B. Simon; Planning Board of Appeals Cc: Wan, Sylvia A; Campbell, Jean K; Bailey, Elizabeth B.; Kenneth R. Kupchak; Mark M. Murakami; Patrick K. Wong; Ian R. Wesley-Smith; Cynthia Y. Arashiro Subject: RE: In the Matter of Appeal of 1250 Oceanside, LLC Case Nos. PL-BOA-2024-000104 & PL-BOA-2024-000105 - Intervenor's Exhibit Lists Dear Chair Lewis, We are disheartened by Derek's objection as to our responsive exhibits. We uploaded the file to the EPIC System on September 25th, but it seems that the upload did not fully process the documents immediately(540 pages does take some time). This was similar to Oceanside's second exhibit list/exhibits (which are ironically nonresponsive and seemingly supplementary to their exhibit list), which were also placed onto the epic system on the 25th, but not processed until the 26th. Due to the size of our filing we had to find alternative ways to provide the documents to all parties, which was completed via dropbox in the email forwarded by Derek. That being said, the 25th was the proper date for us to submit exhibits. I note that the Scheduling order expressly states that"Appellant and Appellee's exhibits shall be served upon the opposing party and filed with the Board no later than September 18, 2024, by 4:30pm." Note that there is no mention of the Intervenor. In any event our exhibits were submitted in response to the documents that were disclosed by the Appellant and Appellee on the 18th as we believed they could help fill in some gaps seemingly left in the Appellant and Appellee's documents. Further, 3-13(g) of the Board of Appeals Rules of Practice and Procedure states that"Responding parties shall have the opportunity to provide exhibits in response to those submitted by the appellant, ten (10) days after the exhibits are filed by appellant, unless afforded additional time by a Scheduling Order." Thus, technically, responsive exhibits should have had a deadline of the 28th from the offset. We raised no issue and, as mentioned above, filed our exhibits on the 25th. In any event, the Intervenor's sole interest here is a full adjudication of the issues which can only be carried out with a complete and accurate evidentiary foundation. Thus, we request that you disregard Oceanside's objection, and, for the same reason, Intervenor has no objections to either Oceanside's supplementary exhibits (untimely filed on the 25th), nor any additional documents they wish to file in response to our timely Responsive Exhibits. Sincerely, Toren Toren K. Yamamoto I Attorney Office: (808)531-8031 Fax: (808)533-2242 Mail: tky@hawaiilawyer.com Web: www.hawaiilawyer.com Addr: 1003 Bishop St,Ste 1600TT Honolulu, HI 96813grj ISI M E RITA5' LAW FIRMS WORLDWIDE 1 DAMON KED` L[ONG KUPCF-IAK HASTERT hawaiilowyer'.com Confidentiality Notice:This email message,including any attachments,is for the sole use of the intended recipient(s)and may contain confidential and privileged information. Any unauthorized review, use, disclosure, or distribution is prohibited.If you are not the intended recipient,please contact the sender by reply e-mail and destroy all copies of the original message.Thank you. FRAUD ALERT—PLEASE CALL YOUR DAMON KEY CONTACT TO VERIFY ANY EMAIL OR FAX REQUESTS FOR WIRE TRANSFER PAYMENTS,WIRING INSTRUCTIONS,OR CHANGES TO WIRING INSTRUCTIONS THAT APPEAR TO BE FROM OUR FIRM. From: Derek B. Simon <dsimon@carlsmith.com> Sent: Wednesday, October 2, 2024 1:14 PM To: 'Planning Board of Appeals' <boardofappeals@hawaiicounty.gov> Cc: Wan, Sylvia A<SylviaA.Wan@hawaiicounty.gov>; Campbell,Jean K<JeanK.Campbell@hawaiicounty.gov>; Bailey, Elizabeth B. <ElizabethB.Bailey@hawaiicounty.gov>; Kenneth R. Kupchak<krk@hawaiilawyer.com>; Mark M. Murakami <mmm@hawaiilawyer.com>;Toren K. Yamamoto<tky@hawaiilawyer.com>; Patrick K. Wong<pwong@carlsmith.com>; Ian R. Wesley-Smith <iwesley-smith@carlsmith.com>; Cynthia Y. Arashiro<carashiro@carlsmith.com> Subject: FW: In the Matter of Appeal of 1250 Oceanside, LLC Case Nos. PL-BOA-2024-000104 & PL-BOA-2024-000105 - Intervenor's Exhibit Lists Dear Chair Lewis: On behalf of Appellant 1250 Oceanside, LLC, I am writing to object to Intervenor C &J Family Limited Partnership's late filing of its responsive exhibits and to request additional time to submit responsive exhibits. The BOA's Scheduling Order issued September 11th set clear deadlines for the filing of exhibits. Initial exhibits were to be filed and served no later than 4:30 p.m. on September 18th, and responsive exhibits were required to be filed and served no later than 4:30 p.m. on September 25th. Intervenor did not file any exhibits prior to either the September 18th initial exhibit deadline or the September 25th responsive exhibit deadline. Instead, at 9:44 p.m. on September 26th, Intervenor emailed its exhibit lists and responsive exhibits, which total 540 pages. A copy of that email is below. We object to Intervenor's exhibits because: (1)they are not responsive to Appellant's or Appellee Planning Director's exhibits, but instead are clearly initial exhibits that relate to Intervenor's case before the Board, and should have been filed on September 18th; and (2)were not even filed by the September 25th responsive deadline, but instead on September 26(late at night). By serving its initial exhibits as "responsive exhibits," Intervenor deprived Appellant of the opportunity to serve responsive exhibits. Based on these objections, we respectfully request that Appellant be granted an extension until Monday, October 7th to file and serve responsive exhibits, if any, to Intervenor's exhibits. Thank you, Derek DEREK B. SIMON Partner I Carlsmith Ball LLP Carlsmith Ball w Li k.4111 Cr LIAaut T!LArM PAM HIP 1001 Bishop Street, Suite 2100 Honolulu, HI 96813 Tel: 808.523.2589 Fax: 808.523.0842 Honolulu • Hilo • Kona • Maui 2 IMPORTANT/CONFIDENTIAL: This message from the law firm of Carlsmith Ball LLP, A Limited Liability Law Partnership, contains information which may be confidential, privileged, and/or exempt from disclosure under applicable law. If you are not the addressee (or authorized to receive for the addressee), you are hereby notified that the copying, use or distribution of any information or materials transmitted in or with this message is strictly prohibited. If you received this message in error, please immediately notify me(the sender) by replying to this email, then promptly destroy the original message. Thank you. From: Joyce T. Darny [mailto:jtd@hawaiilawyer.com] Sent: Thursday, September 26, 2024 9:44 PM To: jeank.campbell@hawaiicounty.gov; Patrick K. Wong; Derek B. Simon; Ian R. Wesley-Smith; elizabeth.strance@hawaiicounty.gov; elizabethb.bailey@hawaiicounty.gov Cc: Mark M. Murakami; Toren K. Yamamoto; Tobie Laimana Subject: In the Matter of Appeal of 1250 Oceanside, LLC Case Nos. PL-BOA-2024-000104 & PL-BOA-2024-000105 - Intervenor's Exhibit Lists CAUTION:This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Counsel, Below is the Dropbox link to Intervenor C &J Coup Family Limited Partnership's Exhibit Lists for Case Nos. PL-BOA-2024- 000104 and PL-BOA-2024-000105: https://www.dropbox.com/scl/fo/Owmi0u90igny4nyo3rr90/AUU TJymFtNCHQy1Z2R2sw?rlkey=m5wxe8ny60mrmi003e 39v6d1s&st=kmtek3hj&d1=0 Should you have any questions or issues with the link, please do not hesitate to contact us. Sincerely, Joyce Joyce T. Darny I Paralegal Office: (808)531-8031 Fax: (808)533-2242 Mail: jtd@hawaiilawyer.com Web: www.hawaiilawyer.com Addr: 1003 Bishop St,Ste 1600 113 E R ITAS` Honolulu, H196813 11� 1 1 ,AW HRMS woRiaWI D.\'. . \. KEY LEONG UlH..HAK HASTERT hawaiilawyer.comfl' AY\ Y' C Li RPOR ATILJ N Confidentiality Notice:This email message,including any attachments,is for the sole use of the intended recipient(s)and may contain confidential and privileged information. Any unauthorized review, use, disclosure, or distribution is prohibited.If you are not the intended recipient,please contact the sender by reply e-mail and destroy all copies of the original message.Thank you. 3 FRAUD ALERT-PLEASE CALL YOUR DAMON KEY CONTACT TO VERIFY ANY EMAIL OR FAX REQUESTS FOR WIRE TRANSFER PAYMENTS,WIRING INSTRUCTIONS,OR CHANGES TO WIRING INSTRUCTIONS THAT APPEAR TO BE FROM OUR FIRM. 4