HONOLULUTRAFFIC.COM; v. FEDERAL TRANSIT ADMINISTRATION

No. Civ. No. 11-00307 AWT.

HONOLULUTRAFFIC.COM; CLIFF SLATER; BENJAMIN CAYETANO; WALTER HEEN; HAWAII'S THOUSAND FRIENDS; THE SMALL BUSINESS HAWAII ENTREPRENEURIAL EDUCATION FOUNDATION; RANDALL W. ROTH; and DR. MICHAEL UECHI, Plaintiffs, v. FEDERAL TRANSIT ADMINISTRATION; LESLIE ROGERS, in his official capacity as Federal Transit Administration Regional Administrator; PETER M. ROGOFF, in his official capacity as Federal Transit Administration Administrator; UNITED STATES DEPARTMENT OF TRANSPORTATION; RAY LAHOOD, in his official capacity as Secretary of Transportation; THE CITY AND COUNTY OF HONOLULU; and WAYNE YOSHIOKA, in his official capacity as Director of the City and County of Honolulu Department of Transportation, Defendants.

United States District Court, D. Hawaii.

May 17, 2012.


Attorney(s) appearing for the Case

Honolulutraffic.com, Plaintiff, represented by Matthew G. Adams , SNR Denton US LLP, PRO HAC VICE, Michael Jay Green & Nicholas C. Yost , SNR Denton US LLP, PRO HAC VICE.

Cliff Slater, Plaintiff, represented by Matthew G. Adams , SNR Denton US LLP, PRO HAC VICE, Michael Jay Green & Nicholas C. Yost , SNR Denton US LLP, PRO HAC VICE.

Benjamin J. Cayetano, Plaintiff, represented by Michael Jay Green , Matthew G. Adams , SNR Denton US LLP, PRO HAC VICE & Nicholas C. Yost , SNR Denton US LLP, PRO HAC VICE.

Walter Heen, Plaintiff, represented by Matthew G. Adams , SNR Denton US LLP, PRO HAC VICE, Michael Jay Green & Nicholas C. Yost , SNR Denton US LLP, PRO HAC VICE.

Hawaii's Thousand Friends, Plaintiff, represented by Matthew G. Adams , SNR Denton US LLP, PRO HAC VICE, Michael Jay Green & Nicholas C. Yost , SNR Denton US LLP, PRO HAC VICE.

Small Business Hawaii Entrepreneurial Education Foundation, Plaintiff, represented by Matthew G. Adams , SNR Denton US LLP, PRO HAC VICE, Michael Jay Green & Nicholas C. Yost , SNR Denton US LLP, PRO HAC VICE.

Randall W. Roth, Plaintiff, represented by Matthew G. Adams , SNR Denton US LLP, PRO HAC VICE, Michael Jay Green & Nicholas C. Yost , SNR Denton US LLP, PRO HAC VICE.

Michael Uechi, Plaintiff, represented by Matthew G. Adams , SNR Denton US LLP, PRO HAC VICE, Michael Jay Green & Nicholas C. Yost , SNR Denton US LLP, PRO HAC VICE.

Outdoor Circle, The, Plaintiff, represented by Michael Jay Green , Matthew G. Adams , SNR Denton US LLP, PRO HAC VICE & Nicholas C. Yost , SNR Denton US LLP, PRO HAC VICE.

Federal Transit Administration, Defendant, represented by Derrick K. Watson , Office of the United States Attorney, John P. Manaut , Carlsmith Ball LLP Honolulu, Peter C. Whitfield , US Department of Justice, Environment & Natural Resources Division & Harry Yee , Office of the United States Attorney.

Leslie Rogers, in his official capacity as Federal Transit Administration Regional Administrator, Defendant, represented by Derrick K. Watson , Office of the United States Attorney, John P. Manaut , Carlsmith Ball LLP Honolulu, Peter C. Whitfield , US Department of Justice, Environment & Natural Resources Division & Harry Yee , Office of the United States Attorney.

Peter M. Rogoff, in his official capacity as Federal Transit Administration Administrator, Defendant, represented by Derrick K. Watson , Office of the United States Attorney, John P. Manaut , Carlsmith Ball LLP Honolulu, Peter C. Whitfield , US Department of Justice, Environment & Natural Resources Division & Harry Yee , Office of the United States Attorney.

United States Department of Transportation, Defendant, represented by Derrick K. Watson , Office of the United States Attorney, John P. Manaut , Carlsmith Ball LLP Honolulu, Peter C. Whitfield , US Department of Justice, Environment & Natural Resources Division & Harry Yee , Office of the United States Attorney.

City and County of Honolulu, The, Defendant, represented by Don S. Kitaoka , Office of Corporation Counsel-Honolulu, Edward V.A. Kussy , Nossaman LLP, PRO HAC VICE, Gary Y. Takeuchi , Office of Corporation Counsel-Honolulu, Lindsay N. McAneeley , Carlsmith Ball LLP Honolulu, Robert D Thornton , Nossaman LLP, PRO HAC VICE, John P. Manaut , Carlsmith Ball LLP Honolulu & Robert Carson Godbey , Office of Corporation Counsel-Honolulu.

Wayne Yoshioka, in his official capacity as Director of the City and County of Honolulu Department of Transportation, Defendant, represented by Don S. Kitaoka , Office of Corporation Counsel-Honolulu, Edward V.A. Kussy , Nossaman LLP, PRO HAC VICE, Gary Y. Takeuchi , Office of Corporation Counsel-Honolulu, Lindsay N. McAneeley , Carlsmith Ball LLP Honolulu, Robert D Thornton , Nossaman LLP, PRO HAC VICE, John P. Manaut , Carlsmith Ball LLP Honolulu & Robert Carson Godbey , Office of Corporation Counsel-Honolulu.

Ray LaHood, in his official capacity as the Secretary of Transportation also known as Ray Lahood, Defendant, represented by Derrick K. Watson , Office of the United States Attorney, Harry Yee , Office of the United States Attorney, John P. Manaut , Carlsmith Ball LLP Honolulu & Peter C. Whitfield , US Department of Justice, Environment & Natural Resources Division.

Faith Action For Community Equity, Intervenor Defendant, represented by William Meheula , Winer Meheula & Devens LLP.

THE PACIFIC RESOURCE PARTNERSHIP, Intervenor Defendant, represented by William Meheula , Winer Meheula & Devens LLP.

MELVIN UESATO, Intervenor Defendant, represented by William Meheula , Winer Meheula & Devens LLP.

National Trust for Historic Preservation, Amicus, represented by Robert P. Richards , Hughes Richards & Associates, Elizabeth S. Merritt , National Trust for Historic Preservation & William J. Cook , National Trust for Historic Preservation.


ORDER ON DEFENDANTS' MOTIONS FOR PARTIAL SUMMARY JUDGMENT

A. WALLACE TASHIMA, Circuit Judge.

Pending before the Court are two Motions for Partial Summary Judgment filed by the City and County of Honolulu and Wayne Yoshioka, Director of the City and County of Honolulu Department of Transportation Services (collectively, "City Defendants"). (Docs. 86, 95). The Court heard argument on the motions on April 18, 2012. For the reasons stated below, both motions...

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