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SCI MANAGEMENT CORPORATION; HAWAIIAN MEMORIAL PARK CEMETERY;
HAWAIIAN MEMORIAL LIFE PLAN, LTD. dba BORTHWICK MORTUARIES; and
DEREK KIM, Plaintiffs-Appellees,
vs.
DARRYLLYNNE SIMS, and TAMMY QUINATA; HARRY YEE, FAYE KENNEDY,
JACK LAW, JUNE MOTOKAWA, and ALLYCYN HIKADA TASAKA, in their
official capacities as Commissioners of the HAWAI`I CIVIL RIGHTS
COMMISSION, DEPARTMENT OF LABOR & INDUSTRIAL RELATIONS, STATE OF
HAWAI`I; and WILLIAM D. HOSHIJO, in his official capacity as
Executive Director of the HAWAI`I CIVIL RIGHTS COMMISSION,
DEPARTMENT OF LABOR & INDUSTRIAL RELATIONS, STATE OF HAWAI`I,
Defendants-Appellants.
NO. 24485
MOTION FOR RECONSIDERATION
(CIVIL. NO. 01-1-0776)
JULY 9, 2003
ORDER GRANTING IN PART AND
DENYING IN PART
MOTION FOR RECONSIDERATION
(By: Moon, C.J., Levinson and Nakayama, JJ.
The motion for reconsideration filed on June 30, 2003 by the defendants-appellants Hawai`i Civil Rights Commission (HCRC) and `William D. Hoshijo, in his official capacity as Executive Director of the HCRC, requesting that this court review its published opinion, filed on June 18, 2003, is hereby granted in part and denied in part. The motion is granted to the extent that the passage "may decide in favor of the respondent on the merits, thereby ending the matter. . . ." on page 29 of the opinion is amended simply to read "may decide in favor of the respondent on the merits . . . ." The motion for reconsideration is denied in all other respects.
The Clerk of the Court is directed to incorporate the foregoing change
in the original opinion.
Justice Acoba, having dissented from the majority opinion, would grant
the motion for reconsideration but on the grounds set forth in his dissent.
Carl M. Varady and Eric
K. Yamamoto, special counsel
for the Hawai`i Civil Rights
Commission (HCRC), for the
defendants-appellants
HCRC and William D. Hoshijo,
in his official capacity as
Executive Director of the HCRC,
on the motion