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PLAINTIFFS' FIRST REQUEST for V H. WILLIAM BURGESS #833 2299C Round Top Drive Honolulu, Hawai'i 96822 Telephone: (808) 947-3234 Fax: (808) 947-5822 PATRICK W. HANIFIN #2716 1M HANIFIN PARSONS, LLLC 1001 Bishop Street Pacific Tower, Suite 2475 Honolulu, Hawai'i 96813 Telephone: (808) 585-0335 Fax: (808) 585-0336 Attorneys for Plaintiffs UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII EARL F. ARAKAKI, et al., ) CIVIL NO. 02-00139 SOMIKSC ) Plaintiffs, ) PLAINTIFFS' FIRST REQUEST FOR v. ) ADMISSIONS DIRECTED TO STATE ) DEFENDANTS, IffiCAlDDHL BENJAMIN J. CAYETANO, et aI., ) DEFENDANTS, OHA DEFENDANTS ) AND SCHHA DEFENDANTS; State Defendants, ) EXHIBITS 1-3; CERTIFICATE OF ) SERVICE HAUNANI APOLIONA, et aI., ) ) OHA Defendants, ) ) Scheduling conference. RAYNARD C. SOON, et al., ) ) DATE: June 3, 2002 IffiCAlDHHL Defendants, ) TIME: 9:00 A.M. ) JUDGE: Magistrate Judge Kevin S.C. THE UNITED STATES OF AMERICA, and) Chang JOHN DOES 1 through 10, ) ) Defendants, ) Hearing on Plaintiffs' Motion for Preliminary ) Injunction. STATE COUNCIL OF HAWAIIAN ) HO:rv.IESTEAD ASSOCIATION and ) DATE: July 24, 2992 ANTHONY SANG, SR., ) TIIvIE: 9:00 A.M. DefendantlIntervenors. ) JUDGE: U.S. District Judge Susan Oki ) Mollway PLAINTIFFS' FIRST REQUEST FOR ADMISSIONS DIRECTED University of Hawaii School of Law Library - Jon Van Dyke Archives Collection TO STATE DEFENDANTS, HHCAlDDHL DEFENDANTS, AND OHA DEFENDANTS Pursuant to Rules 26 and 36 of the Federal Rules of Civil Procedure, Plaintiffs request that all Defendants, except the United States, respond to the below listed requests for admissions for the purpose of this action only, subject to pertinent objections to admissibility which may be interposed at trial, within thirty (30) days after service of this request or earlier if ordered by the Court. DEFINITIONS and INSTRUCTIONS As used herein the following words have the following meanings: A. "State Defendants" means and includes Defendants BENJAMIN J. CAYETANO in his official capacity as GOVERNOR OF THE STATE OF HAW AI'I, NEAL MIYAHIRA in his official capacity as DIRECTOR OF THE DEPARTMENT OF BUDGET AND FINANCE, GLENN OKIMOTO in his official capacity as STATE COMPTROLLER, and DIRECTOR OF THE DEPARTIvlENT OF ACCOUNTING AND GENERAL SERVICES, GILBERT COLOMA-AGARAN in his official capacity as CHAIRMAN OF THE BOARD OF LAND AND NATURAL RESOURCES, JAIvlES J. NAKATANI, in his official capacity as DIRECTOR OF THE DEPARTIvlENT OF AGRICULTURE, SEll F. NAYA, in his official capacity as DIRECTOR OF THE DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPIvlENT AND TOURISM, BRIAN MINAAI in his official capacity as DIRECTOR OF THE DEPARTIvlENT OF TRANSPORTATION, and each of their predecessors, successors, agents, employees, attorneys, investigators, affiliates, and all other persons or entities acting in concert or cooperation with them or under their direction or control. 2 University of Hawaii School of Law Library - Jon Van Dyke Archives Collection B. "OHA Defendants means and includes Defendants HAUNANI APOLIONA, Chainnan, and ROWENA AKANA, DONALD B. CATALUNA, LINDA DELA CRUZ, CLA YTON HEE, COLETTE Y.P. MACHADO, CHARLES OTA, OSWALD STENDER, and JOHN D. W AIHE'E, IV in their official capacities as trustees of the Office of Hawaiian Affairs, and each of their predecessors, successors, agents, employees, attorneys, investigators, affiliates, and all other persons or entities acting in concert or cooperation with them or under their direction or control. C. "HHCAlDHHL Defendants" means and includes Defendants RAYNARD C. SOON, Chainnan, and WONDA MAE AGPALSA, HENRY CHO, THOMAS P. CONTRADES, ROCKNE C. FREITAS, HERRING K. KALUA, MILTON PA, and JOHN A.H. TOMOSO, in their official capacities as members of the Hawaiian Homes Commission, and each of their predecessors, successors, agents, employees, attorneys, investigators, affiliates, and all other persons or entities acting in concert or cooperation with them or under their direction or control. D. "SCHHA Defendants" means and includes STATE COUNCIL OF HAW AllAN HOMESTEAD ASSOCIATION and ANTHONY SANG, SR. and each of their predecessors, successors, agents, employees, attorneys, investigators, affiliates, and all other persons or entities acting in concert or cooperation with them or under their direction or control. E. The "Complaint" means Plaintiffs' Complaint for Declaratory Judgment (Re: Constitutionality of Office of Hawaiian Affairs, Hawaiian Homes Commission and Related Laws) and for an Injunction filed herein March 4, 2002. F. "Hawaiian" has the same meaning as in § 10-2 H.R.S., "any descendant of the aboriginal peoples inhabiting the Hawaiian Islands which exercised sovereignty and subsisted in the Hawaiian Islands in 1778, and which peoples thereafter have continued to reside in Hawaii." . 3 University of Hawaii School of Law Library - Jon Van Dyke Archives Collection G. "Native Hawaiian" has the same meaning as in § 10-2 H.R.S., " any descendant of not less than one-half part of the races inhabiting the Hawaiian Islands previous to 1778, as defined by the Hawaiian Homes Commission Act, 1920, as amended; provided that the term identically refers to the descendants of such blood quantum of such aboriginal peoples which exercised sovereignty and subsisted in the Hawaiian Islands in 1778 and which peoples thereafter continued to reside in Hawaii." H. "OHA laws" means and has the same definition as in paragraph 1h. of the Complaint. I. "HHCA laws" means and has the same definition as in paragraph 2f of the Complaint. J. "CAFR" means the State's Comprehensive Annual Financial Report. "General Fund" means the State of Hawaii General Fund referred to in CAFR. K. "You" or "your" means the person or persons responding to the request for admissions in their official capacities and any of their agents, associates and attorneys assisting in the response. L. "Defendant" or "Defendants" means any individual or individuals, entity or entities identified in this action as a defendant or defendants. M. "State" means the State of Hawaii. "OHA means the Office of Hawaiian Affairs. "HHC" means the Hawaiian Homes Commission. Dlflll.. means the Department of Hawaiian Home Lands. "Legislature" or "legislature" means the legislature of the State of Hawaii. 4 University of Hawaii School of Law Library - Jon Van Dyke Archives Collection N. "Person" means singular or plural as the case may be or any business entity (e.g., sole proprietorship, partnership, corporation, joint venture, etc.). o. "And" or "or" shall be construed disjunctively or conjunctively as necessary in order to bring within the scope of the request all responses that might otherwise be construed to be outside its scope. Each of these definitions and instructions is hereby incorporated into each of the requests. Each of the requested admissions must be truthfully admitted or denied unless you set forth in detail the reasons why you cannot truthfully admit or deny the matter contained in the request. If good faith requires that you qualify your response or deny only a portion of the matter for which an admission is requested, you must do so expressly in your response. You may not give lack of information or knowledge as a reason for failure to admit or deny unless you state that you have made reasonable inquiry and that the information known or readily obtainable by you is insufficient to enable you to admit or deny. Each of the required admissions will be deemed admitted under Rule 36 of the Federal Rules of Civil Procedure unless answers thereto are provided within thirty (30) days of the service of this request or within such shorter time as the Court may direct. 5 University of Hawaii School of Law Library - Jon Van Dyke Archives Collection In the event you deny any of the requested admissions or parts thereof, you must set forth with particularity why you are making the denial, and state what facts or allegations you are relying upon in making said denial, with reference to where said facts or allegations may be found or supported. If you fail to admit any matter for which an admission is requested herein, and if the truth of any such matter is later established, you may be required to pay the expenses incurred in proving that matter, including reasonable attorneys' fees pursuant to Rule 37(c) of the Federal Rules of Civil Procedure. DATED: Honolulu, Hawaii, May _, 2002 H. Wll.LIAM BURGESS PATRICKW. HANIFIN Attorneys for Plaintiffs 6 University of Hawaii School of Law Library - Jon Van Dyke Archives Collection REQUESTS FOR ADMISSION DIRECTED TO ALL DEFENDANTS Admissions about allegations of the complaint 1. Plaintiffs are residents and citizens of the State of Hawaii and of the United States of America. Admit: --- Deny: ____ 2. Included among Plaintiffs are persons of Japanese, English, Filipino, Portuguese, Hawaiian, Irish, Chinese, Scottish, Polish, Jewish, German, Spanish, Okinawan, Dutch, French and other ancestries. Admit: --- Deny: ____ 3. Every Plaintiff is a taxpayer of the State of Hawaii. Admit: Deny: ____ 4. Every Plaintiff is a beneficiary of the public land trust, also known as the "Ceded lands trust" and sometimes also referred to as the "§5(f) trust." Admit: Deny: ____ 5. In 1898 the Republic of Hawaii ceded its public lands (the approximately ll 1.8 million acres of lands formerly known as "Crown Lands" and "Government Lands ) to the United States with the requirement that the ceded lands (except for those used for the civil, military of naval purposes of the United States or assigned for the use of local government) and 1 University of Hawaii School of Law Library - Jon Van Dyke Archives Collection revenues derived from them "shall be used solely for the benefit of the inhabitants of the Hawaiian Islands for educational and other public purposes." Admit: ___ Deny: ____ 6. In 1898, about 31 % of the inhabitants of Hawaii were of Hawaiian ancestry and the remaining 69% were of other ancestry. (Schmitt, Demographic Statistics of Hawaii: 1778-1965. Honolulu, 1968, interpolating between 1896 census and 1900 census.) Admit: Deny: ____ 7. Persons of Hawaiian ancestry, merely by virtue of their ancestry, did not have any special entitlement, greater than that of other subjects, to the benefit, use, income or proceeds of the public lands of the Kingdom of Hawaii.
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