Allure Waikiki Marketing, LLC v. State ( 2013 )

Electronically Filed Supreme Court SCPW-13-0004393 24-DEC-2013 02:22 PM SCPW-13-0004393 IN THE SUPREME COURT OF THE STATE OF HAWAI#I ALLURE WAIKIKI MARKETING, LLC; and KALAKAUA RELIEF LINE, LLC, Petitioners, vs. STATE OF HAWAI#I DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS; and KEALI#I S. LOPEZ, IN HER CAPACITY AS DIRECTOR OF THE DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS FOR THE STATE OF HAWAI#I, Respondents. ORIGINAL PROCEEDING ORDER (By: McKenna, J.) On December 17, 2013, petitioners Allure Waikiki Marketing, LLC and Kalakaua Relief Line, LLC (“KRL”) filed a “Stipulation and Order”, which was approved as to form by counsel for respondents State of Hawai#i Department of Commerce and Consumer Affairs and Keali#i S. Lopez, in her Capacity as Director of the State of Hawai#i Department of Commerce and Consumer Affair, for approval by this court. Upon this court’s approval of the stipulation, the stipulation would effectively constitute a court order directing respondents to reinstate KRL as an LLC. Three days after the stipulation was filed, respondents filed an answer to the petition for a writ of mandamus that was filed on October 23, 2013, and asked this court to deny the requested mandamus relief. The answer appears to conflict with the stipulation. In light of the timing of the filings, this court may deem the stipulation to be null and void. Accordingly, IT IS HEREBY ORDERED that the stipulation is deemed null and void unless otherwise informed by the respondents within five (5) days from the date of this order. DATED: Honolulu, Hawai#i, December 24, 2013. /s/ Sabrina S. McKenna