2024-10-03 Chair Grants Time Extension to File Responsive Exhibits by October 7, 2024

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DeVera, Ashley From: Planning Board of Appeals Sent: Wednesday, October 2, 2024 3:38 PM To: Toren K. Yamamoto; 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; Mellon-Lacey, Diana; Yoshimoto, J 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 Aloha All, The Board of Appeals Chair has reviewed the below correspondence and hereby grants the time extension for responsive exhibits to Monday, October 7, 2024 by 4:30pm to allow the other parties to respond to Intervener's exhibits. InalnaLo,, Board of Appeals Staff Main Line: 808-961-8288 From:Toren K. Yamamoto<tky@hawaiilawyer.com> Sent: Wednesday, October 2, 2024 2:05 PM To: Derek B. Simon <dsimon@carlsmith.com>; 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>; Patrick K. Wong<pwong@carlsmith.com>; Ian R. Wesley-Smith <iwesley- smith@carlsmith.com>; Cynthia Y. Arashiro<carashiro@carlsmith.com> 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 1