FILED NOV UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
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1 \ C.), ", \, 1 ;EARL UNITED STATES COURT OF APPEALS F. ARAKAKI; EVELYN C. [ARAKAKI; EDWARD U. BUGARIN; SANDRA P. BURGESS; PATRICIA A. : CARROLL; ROBERT M. CHAPMAN; MICHAEL Y. GARCIA; TOBY M. KRA VET; JAMES ~. KUROIW A; ~RANCES M. NICHOLS; DONNA MALIA SCAFF; JACK H. SCAFF; ALLEN TESHIMA; THURSTON TWIGG-SMITH, FOR THE NINTH CIRCUIT No D.C. No. CV SOMIKSC District of Hawaii, Honolulu ORDER FILED NOV CATHY A CAITEASON CLERK U.S. COURT OF APPEALS Plaintiffs - Appellants, ANTHONY SANG, SR., State Council of Hawaiian Homestead Associations (SCHHA); STATE COUNCIL OF HAWAIIAN HOMESTEAD ASSOCIATIONS, v. Intervenors - Appellees, HAUNANI APOLIONA, Chainnan, and Office of Hawaiian Affairs; ROWENA AKANA, in his official capacity as trustee of the Office of Hawaiian Affairs; DONALD CATALUNA, in his official capacity as trustee of the Office of Hawaiian Affairs; LINDA DELA CRUZ, Office of Hawaiian Affairs; CLAYTON HEE, in his official capacity as trustee of
2 the Office of Hawaiian Affairs; COLETTE Y. MACHADO, in her official capacity as trustee of the Office of Hawaiian; CHARLES OTA, in his official capacity as trustee of the Office of Hawaiian. Affairs; OSWALD K STENDER, in his official capacity as trustee of the Office of Hawaiian Affairs; JOHN D. W AIHEE, IV, in his official capacity as trustee of the Office of Hawaiian Affairs; UNITED STAT'ES OF ALVIERICA; JOHN DOES, 1 through 10; LINDA C. LINGLE, in her official capacity as Governor of the State of Hawaii; GEORGINA KAWAMURA, in her official capacity as Director of the Department of Budget and Finance; RUSS SAITO, in her official capacity as Comptroller and Director of the Department of Accounting and General Services; PETER YOUNG, in his official capacity as Chairman of the Board of Land and Natural Resources; SANDRA LEE KUNIMOTO, in her official as Director of the Department of Argiculture; TED LID, in his official capacity as Director of the Department of Business, Economic Development and Tourism; RODNEY HARAGA, in Iris official capacity as Director of the Department of Transportation; QUENTIN KA WANANAKOA, member of the Hawaiian Homes Commission, Defendants - Appellees. Before: BRUNETTI, GRABER, and BYBEE, Circuit Judges. 2
3 The panel judges have voted to deny Arakaki's petition for rehearing. Judges Graber and Bybee voted to deny the petition for rehearing en banc, and Judge Brunetti recommended denying the petition for rehearing en banc. The full court has been advised of the petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. Fed. R. App. P.35. Arakaki's petition for rehearing and petition for rehearing en banc, filed October 11, 2005, is DENIED. 3
4 ! UNITED STATES COURT OF APPEALS F, l, E EARL F. ARAKAKI; EVELYN C. ARAKAKI; EDWARD U. BUGARIN; SANDRA P. BURGESS; PATRICIA A. CARROLL; ROBERT M. CHAPMAN; MICHAEL Y. GARCIA; TOBY M. KRA VET; JAMES I. KUROIWA; FRANCES M. NICHOLS; DONNA MALIA SCAFF; JACK H. SCAFF; ALLEN TESHIMA; THURSTON TWIGG-SMITH, Plaintiffs ;.. Appellants, ANTHONY SANG, SR., State Council of Hawaiian Homestead Associations (SCHHA); STATE COUNCIL OF HAWAIIAN HOl\1ESTEAD ASSOCIATIONS, v. Intervenors - Appellees, HAUNANI APOLIONA, Chairman, and Office of Hawaiian Affairs; ROWENA AKANA, in his official capacity as trustee of the Office of Hawaiian Affairs; DONALD CATALUNA, in his official capacity as trustee of the Office of Hawaiian Affairs; LINDA DELA CRUZ, Office of Hawaiian Affairs; CLAYTON HEE, in his official capacity as trustee of FOR THE NIN1H CIRCUIT., ' 0 ocr f f 2005 No ~~~~~~ D.C. No. CV SOMlK.SC District of Hawaii, Honolulu ORDER
5 ! the Office of Hawaiian Affairs; COLETTE Y. MACHADO, in her official capacity as trustee of the Office of Hawaiian; CHARLES OTA, in his official capacity as trustee of the Office of Hawaiian Affairs; OSWALD K STENDER, in his official capacity as trustee of the Office of Hawaiian Affairs; JOHN D. W AIHEE, IV, in his official capacity as trustee of the Office of Hawaiian Affairs; UNITED STATES OF 'AMERICA; JOHN DOES, 1 through 10; LINDA C. LINGLE, in her official capacity as Governor of the State of Hawaii; GEORGINA KAWAMURA, in her official capacity as Director of the Department of Budget and Finance; RUSS SAITO, in her official capacity as Comptroller and Director of the Department of Accounting and General Services; PETER YOUNG, in his official capacity as Chairman of the Board of Land and Natural Resources; SANDRA LEE KUNIMOTO, in her official as Director of the Department of Argiculture; TED LID, in his official capacity as Director of the Department of Business, Economic Development and Tourism; RODNEY HARAGA, in his official capacity as Director of the Department of Transportation; QUENTIN KA W ANANAKOA, member of the Hawaiian Homes Commission, Defendants - Appellees. Before: BRUNETTI, GRABER, and BYBEE, Circuit Judges. 2
6 ,.J..', Petitioner' s mot~on for enlargement of ~ize of therr petition for panel ~r en bane rehearing, filed Sept,ember 30, 2005, is GRANTED. 3 '
DRAFT STIPULATION OF FACTS; EXHIBITS 1 17
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