Liberty Dialysis-Hawaii, LLC v. Rainbow Dialysis, LLC.
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Electronically Filed Supreme Court SCAP-12-0000018 16-JUL-2013 02:08 PM SCAP-12-0000018 IN THE SUPREME COURT OF THE STATE OF HAWAI'I LIBERTY DIALYSIS-HAWAII, LLC, a Delaware limited liability company, Petitioner/Appellant-Appellant/Cross-Appellee, vs. RAINBOW DIALYSIS, LLC, a Delaware limited liability company, Respondent/Appellee-Appellee/Cross-Appellant, and STATE HEALTH PLANNING & DEVELOPMENT AGENCY, DEPARTMENT OF HEALTH, STATE OF HAWAI'I, an administrative agency of the State of Hawai'i, Respondent/Appellee-Appellee. APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CAAP-12-0000018; CIV. NO. 11-1-0532-03) ORDER DENYING MOTION FOR RECONSIDERATION (By: Recktenwald, C.J., Nakayama, and McKenna, JJ., with Acoba, J., dissenting, with whom Pollack, J., joins) Upon consideration of Petitioner/Appellant-Appellant/ Cross-Appellee Liberty Dialysis-Hawaii, LLC s motion for reconsideration filed on July 8, 2013, and the records and files herein, IT IS HEREBY ORDERED that the motion is denied. DATED: Honolulu, Hawai'i, July 16, 2013. Michael L. Lam, Lisa K. /s/ Mark E. Recktenwald Johnson, Daniel P. Collins, and Allison B. Stein for /s/ Paula A. Nakayama petitioner/appellant appellant/cross-appellee /s/ Sabrina S. McKenna DISSENT Based on the concurring and dissenting opinion filed herein on June 27, 2013, I would respectfully grant the motion for reconsideration. /s/ Simeon R. Acoba, Jr. /s/ Richard W. Pollack -2
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