IN THE SUPREME COURT OF THE STATE OF HAWAI`I
vs.
THE HONORABLE JOSEPH CARDOZA, Judge of the Second Circuit Court,
BRENDAN BALTHAZAR and MICHAEL R. SAVONA, M.D., Respondents
ORIGINAL PROCEEDING
ORDER DENYING PETITION FOR
WRIT OF MANDAMUS
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon consideration of Verizon Hawaii, Inc.'s petition for a writ of mandamus, the papers in support, and the records and files herein, it appears that: (1) Petitioner seeks a writ of mandamus directing the respondent judge to: (a) vacate the August 21, 2003 order denying Petitioner's motion to dismiss complaint filed in Balthazar v. Verizon Hawaii, Inc., Civil No. 03-1-0139, presently pending in the Circuit Court of the Second Circuit, and (b) dismiss the complaint or stay the lawsuit; (2) Petitioner fails to demonstrate that it is entitled to a writ of mandamus. See State v. Hamili, 87 Hawai`i 102, 104, 952 P.2d 390, 392 (1998) (a writ of mandamus will not issue unless the petitioner demonstrate a clear and indisputable right to relief and a lack of alternative means to redress adequately the alleged wrong or obtain the requested action). Therefore,
IT IS HEREBY ORDERED that the petition for a writ of mandamus is denied without prejudice to any remedy Petitioner may have in the pending circuit court case and without prejudice to any remedy Petitioner may have by way of appeal from any adverse judgment.
DATED: Honolulu, Hawai`i, December 3, 2003.
Jeffrey S. Portnoy and
Kaiulani E.S. Kidani
for petitioner on
the writ