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Electronically Filed Supreme Court SCWC-29742 29-MAY-2012 02:13 PM

NO. SCWC-29742 IN THE SUPREME COURT OF THE STATE OF HAWAI#I

ALAKA#I NA KEIKI, INC., Petitioner/Plaintiff-Appellant, vs. KATHRYN MATAYOSHI,1 in her official capacity as Superintendent of Education, Respondent/Defendant-Appellee.

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (ICA NO. 29742; CIV. NO. 05-1-1658) ORDER (By: Acoba, Duffy, and McKenna, JJ., with Recktenwald, C.J., Dissenting, with whom Nakayama, J., joins) Upon consideration of Respondent/Defendant-Appellee Kathryn Matayoshi's motion for reconsideration filed on May 21, 2012, requesting that this court review its opinion filed on May

1 Pursuant to Hawai #i Rules of Appellate Procedure Rule 43(c)(1), Kathryn Matayoshi, the current Superintendent of Education, has been substituted for Patricia Hamamoto, the Superintendent of Education at the time this case was decided by the first circuit court.

11, 2012, vacating and remanding the June 16, 2011 judgment of the Intermediate Court of Appeals and the March 4, 2009 judgment of the Circuit Court of the First Circuit, IT IS HEREBY ORDERED that the motion is denied. DATED: Honolulu, Hawai#i, May 29, 2012. /s/ Simeon R. Acoba, Jr. /s/ James E. Duffy, Jr. /s/ Sabrina S. McKenna

DISSENT (By Recktenwald, C.J., with whom Nakayama, J., joins) For the reasons set forth in my concurrence and dissent to this court's May 11, 2012 opinion, I would grant Respondent/Defendant-Appellee Kathryn Matayoshi's motion for reconsideration filed on May 21, 2012. /s/ Mark E. Recktenwald /s/ Paula A. Nakayama

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