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GARNER v. STATE, DEPT. OF EDUC.

No. 27912.

223 P.3d 215 (2009)

David GARNER; Patricia Smith; Andrea Christie; Allan Kliternick; Karen Souza; Jo Jennifer Goldsmith; and David Hudson, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants/Cross-Appellees, (Civil No. 03-1-0305) v. STATE of Hawai`i, DEPARTMENT OF EDUCATION, Defendants-Appellees/Cross-Appellants, (Civil No. 05-1-0031) and John Does 1-5, John Doe Corporations 1-5, John Doe Partnerships 1-5, Roe Non-Profit Corporations 1-5, and Roe Governmental Agencies 1-5, Defendants, and Allan Kliternick; David Garner; Jo Jennifer Goldsmith; and David Hudson, individually and on behalf of all others similarly situated, Plaintiffs-Appellants/Cross-Appellees, v. Patricia Hamamoto, in her official capacity as Superintendent of Schools; Shannon Ajifu, Mary Cochran, Maggie Cox, Breene Harimoto, CEC Heftel, Lei Ahu Isa, Karen Knudsen, Denise Matsumoto, Shirley A. Robinson, Laura Thielen, Garrett Toguchi, Herbert Watanabe, and Randall Yee, in their official capacities as members of the State Of Hawai`i Board of Education; Department of Education, State of Hawai`i, Defendants-Appellees/Cross-Appellants.

Intermediate Court of Appeals of Hawai`i.

As Corrected December 16, 2009.

Attorney(s) appearing for the Case

Paul Alston for Plaintiffs-Appellants/Cross-Appellees (Bruce H. Wakuzawa, Peter S. Knapman, and Mei-Fei Kuo of Alston Hunt Floyd & Ing; and Eric G. Ferrer, Honolulu; and Murray T.S. Lewis, of Lewis Law Firm, on the briefs).

William J. Wynhoff, Deputy Attorney General, for Defendants-Appellees/Cross-Appellants (Dorothy Sellers, Solicitor General, on the briefs).

WATANABE, Presiding Judge, FOLEY and LEONARD, JJ.

Opinion of the Court by LEONARD, J.

This interlocutory appeal and cross-appeal stem from two consolidated class-action lawsuits brought by substitute teachers (Plaintiffs or Substitute Teachers) who claimed that they were underpaid by the State of Hawai`i Department of Education (DOE). In Civil No. 03-1-0305 (Garner Action), Plaintiffs-Appellants/Cross-Appellees David Garner, Patricia Smith, Andrea Christie, Allan Kliternick...

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