Kealii MAKEKAU; Joseph Kent; Yoshimasa Sean Mitsui; Pedro Kana`e Gapero; Melissa Leina`ala Moniz, Plaintiffs-Appellants,
v.
STATE of Hawaii; David Y. Ige, Governor; Robert K. Lindsey, Jr., Chairperson, Board of Trustees, Office of Hawaiian Affairs, in his official capacity; Colette Y. Machado; Peter Apo; Haunani Apoliona; Rowena M.N. Akana; John D. Waihe`e IV; Carmen Hulu Lindsey; Dan Ahuna; Leina`ala Ahu Isa, Trustees, Office of Hawaiian Affairs, in their official capacities; Kamana`opono Crabbe, Chief Executive Officer, Office of Hawaiian Affairs, in his official capacity; John D. Waihe`e III, Chairman, Native Hawaiian Roll Commission, in his official capacity; Na`alehu Anthony; Lei Kihoi; Robin Danner; Mahealani Wendt, Commissioners, Native Hawaiian Roll Commission, in their official capacities; Clyde W. Namu`o, Executive Director, Native Hawaiian Roll Commission, in his official capacity; The Akamai Foundation; the Na`i Aupuni Foundation, Defendants-Appellees.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted October 21, 2019 Honolulu, Hawaii.
Robert T. Nakatsuji (argued) and Donna H. Kalama , Deputy Attorneys General; Russell A. Suzuki , Attorney General; Department of the Attorney General, Honolulu, Hawai`i; for Defendants-Appellees State of Hawaii and David Y. Ige.
Kurt W. Klein (argued) and Robert G. Klein , Klein Law Group LLLC, Honolulu, Hawaii; Jordan K. Inafuku , McCorriston Miller Mukai MacKinnon LLP, Honolulu, Hawai`i; and Kannon K. Shanmugam and Ellen E. Oberwetter , Williams & Connolly LLP, Washington, D.C.; for Defendants-Appellees Robert K. Lindsey Jr., Colette Y. Machado, Peter Apo, Haunani Apoliona, Rowena M.N. Akana, John D. Waihe`e IV, Carmen Hulu Lindsey, Dan Ahuna, Leina`ala Ahu Isa, and Kamana`opono Crabbe.
We must decide whether a plaintiff who obtains a preliminary injunction under the All Writs Act, 28 U.S.C. § 1651(a), qualifies as a "prevailing party" for fee-shifting purposes by virtue of that injunction, where the order granting injunctive relief makes no mention of the merits of the plaintiff's...
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