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  KAWASHIMA CLASS ACTION
 
 

Dianne Kawashima v. State of Hawaii, Department of Education, et. al., Civil No. 06-1-0244-02 (ECN)

 
  Case Background
 

On April 4, 2011, in the Part-Time Teacher Class Action (Kawashima v. State of Hawaii, Department of Education, Civil No. 06-1-0244-02), Plaintiff filed a Motion for Summary Judgment arguing that the DOE failed to pay the part-time teachers and part-time employees ("PTEs") the correct hourly rate required by their contracts with the DOE and Regulation 5203. At the April 25, 2011 hearing, the Court granted summary judgment in favor of the Plaintiffs and held that the DOE violated the applicable law and breached its contracts with the PTEs by failing to pay them the correct hourly rate mandated under Regulation 5203, which has been applicable since 1990 and continues to be applicable to date.
 
On July 6, 2011, Plaintiff filed a Motion for Award of Interest, based upon Haw. Rev. Stat. 103-10 and the Court's granting of the same motion in the parallel substitute teachers class actions.  This motion was denied by the Court at the September 14, 2011 hearing as premature. 
 
On August 10, 2011, Defendants filed a Motion for Reconsideration of the Order Granting Plaintiff Diane Kawashima’s Motion for Summary Judgment, which was denied by the Court at the September 14, 2011 hearing because the Court's original ruling was correct.

Appeals by both Plaintiff and Defendents are expected.

 
  Certification of the Class
 
On August 14, 2006, the Court certified and defined the "Class" as follows:
 
All persons employed by the State of Hawai‘i, Department of Education, who were paid according to the pay rates for Part-Time Teachers, with or without a differential (excluding the class members in Garner v. State of Hawai‘i, Department of Education, Civ. No. 03-1-000305, and Kliternick v. Hamamoto, Civ. No. 05-1-0031) at any time within the applicable statute of limitations.

On December 10, 2013 the Court granted Defendent's Motion for Partial Summary Judgment as to the period for class claims that limits claims in the complaint to the period between February 10, 2004 to June 14, 2012.

  Notice of Pendency of Class Action for class members
 

As a past or current part-time teacher and part-time employee (2004- 2012), you are
part of a class action lawsuit that is pending in the First Circuit Court in Honolulu. The
lawsuit seeks back pay and related damages based upon allegations that the
State of Hawai'i, Department of Education ("DOE") miscalculated your pay from
February 2004 through June 2012. The DOE denies there is any merit to the lawsuit.
You have important rights with respect to the lawsuit. It is important that you review
the information about this lawsuit that is available here, or if you have trouble reading or understanding the information found here, you may request more information by calling (808) 441-6280.

You should know (a) the Court will exclude from the lawsuit any class member who
requests to opt out of the lawsuit within 30 days after the Class Notice was mailed
to you; the opt-out procedures are explained here; (b) the
judgment in the class action lawsuit, favorable or not, will include all class members
who do not opt out; and (c) any class member who does not opt out may enter an
appearance though separate counsel at his/her own expense. If you do not appear
with your own lawyers or opt out of the class action lawsuit, your interests will be
represented by the class counsel, who are:
Paul Alston and Eric Ferrer, Alston Hunt Floyd & lng, Honolulu, Hawafl
Murray Lewis, Seattle, Washington

   
  Links to documents:
 

Link to Notice of Pendency of Class Action

Link to Opt Out form

Link to Stipulated Order on Providing Notice of Pendency of Class Action; Exhibit "A"