NO. 27940



IN THE SUPREME COURT OF THE STATE OF HAWAI‘I



E & J LOUNGE OPERATING COMPANY, INC.,
a Hawai‘i corporation,
Petitioner/Appellant-Appellee/Cross-Appellee

vs.


LIQUOR COMMISSION OF THE CITY
AND COUNTY OF HONOLULU,
Respondent/Appellee-Appellant/Cross-Appellee

and



H. JAMES STAHL; TYSON J. THOMAS; RANDI THOMAS;
EMILY REED; and BILL MAXWELL, Respondents/Intervenors-
Appellees/Intervenors-Cross-Appellants




CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(CIV. NO. 05-1-1464)





ORDER DENYING MOTION FOR EXTENSION OF TIME
TO RESPOND TO APPLICATION FOR WRIT OF CERTIORARI
(By: Acoba, J., for the court (1))

Upon consideration of the response to the application for writ of certiorari and the motion for leave to extend time to respond to the said application filed by Respondents/Intervenors-Appellees/Intervenors-Cross-Appellants Randi Thomas (Thomas) and Emily Reed (Reed), and the record herein, it appears that Thomas and Reed filed both the response to the application for writ of certiorari and the motion for leave to respond on March 27, 2008, three days after the due date for the response filing. See Hawaii Revised Statutes § 602-59(c) (Supp. 2007) ("Opposition to an application for a writ of certiorari may be filed no later than fifteen days after the application is filed."). The time within which a response to an application for writ of certiorari must be filed is set by statute and Thomas and Reed's response was not timely filed under that statute. Therefore,

IT IS HEREBY ORDERED that the motion is denied.

DATED: Honolulu, Hawai‘i, April 7, 2008.


Randi Thomas and Emily Reed,
Respondents/Intervenors-
Appellees/Intervenors-Cross-
Appellants, pro se, on the
motion.




1.     Considered by Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.