Case: Students for Fair Admissions v. Trustees of the Estate of Bernice Pauahi Bishop

COMPLAINT against Trustees of the Estate of Bernice Pauahi Bishop dba Kamehameha Schools ( Filing fee $ 405 receipt number BHIDC-3223237.), filed by Students for Fair Admissions. (Attachments: # 1 Civil Cover Sheet)(Franklin-Murdock, Jesse) (Entered: 10/20/2025)

1 Civil Cover Sheet

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Summons (Proposed) (Franklin-Murdock, Jesse) (Entered: 10/20/2025)

Corporate Disclosure Statement by Students for Fair Admissions. (Franklin-Murdock, Jesse) (Entered: 10/20/2025)

NOTICE of Case Assignment: Please reflect Civil case number CV25-00450 LEK-RT on all further pleadings. (jni) (Entered: 10/20/2025)

Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 12/15/2025 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE DERRICK K. WATSON on 10/20/2025. ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER MUST BE SERVED WITH THE DOCUMENT.(jni) (Entered: 10/20/2025)

CIVIL Waiver of Service Packet - Notice to Parties Regarding Service Pursuant to Rule 4 of the Federal Rules of Civil Procedure (Attachments: # 1 Notice of a Lawsuit and Request to Waive Service of a Summons, # 2 Waiver of the Service of Summons)(jni) (Entered: 10/20/2025)

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Notice to Parties RE: Corporate Disclosure Statements: Federal Rule of Civil Procedure 7.1 and Criminal Rule 12.4 both address the filing of Corporate Disclosure Statements. Both rules state A party must:(1) file the Rule 7.1(a) (or 12.4(a)) statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court, and (2) promptly file a supplemental statement upon a change in the information that the statement requires. (jni) (Entered: 10/20/2025)

Summons Issued as to Trustees of The Estate of Bernice Pauahi Bishop. (jni) (Entered: 10/20/2025)

MOTION for Pro Hac Vice [R. Gabriel Anderson, Esq.] Filing fee $ 300, receipt number BHIDC-3223400.Jesse Franklin-Murdock appearing for Plaintiff Students for Fair Admissions (Attachments: # 1 Declaration of Counsel, # 2 Proposed Order)(Franklin-Murdock, Jesse) Modified on 10/21/2025 (eta). (Entered: 10/20/2025)

MOTION for Pro Hac Vice [Cameron T. Norris, Esq.] Filing fee $ 300, receipt number AHIDC-3223403. Jesse Franklin-Murdock appearing for Plaintiff Students for Fair Admissions (Attachments: # 1 Declaration of Counsel, # 2 Proposed Order)(Franklin-Murdock, Jesse) Modified on 10/21/2025 (eta). (Entered: 10/20/2025)

MOTION for Pro Hac Vice [J. Michael Connolly, Esq.] Filing fee $ 300, receipt number AHIDC-3223405.Jesse Franklin-Murdock appearing for Plaintiff Students for Fair Admissions (Attachments: # 1 Declaration of Counsel, # 2 Proposed Order)(Franklin-Murdock, Jesse) Modified on 10/21/2025 (eta). (Entered: 10/20/2025)

MOTION for Pro Hac Vice [Julius Kairey, Esq.] Filing fee $ 300, receipt number AHIDC-3223407.Jesse Franklin-Murdock appearing for Plaintiff Students for Fair Admissions (Attachments: # 1 Declaration of Counsel, # 2 Proposed Order)(Franklin-Murdock, Jesse) Modified on 10/21/2025 (eta). (Entered: 10/20/2025)

MOTION for Pro Hac Vice [Adam K. Motara, Esq.] Filing fee $ 300, receipt number AHIDC-3223409.Jesse Franklin-Murdock appearing for Plaintiff Students for Fair Admissions (Attachments: # 1 Declaration of Counsel, # 2 Proposed Order)(Franklin-Murdock, Jesse) Modified on 10/21/2025 (eta). (Entered: 10/20/2025)

MOTION for Pro Hac Vice [Thomas R. McCarthy, Esq.] Filing fee $ 300, receipt number AHIDC-3223852.Jesse Franklin-Murdock appearing for Plaintiff Students for Fair Admissions (Attachments: # 1 Declaration of Counsel, # 2 Proposed Order)(Franklin-Murdock, Jesse) Modified on 10/21/2025 (eta). (Entered: 10/21/2025)

SUMMONS Returned Executed by Students for Fair Admissions. Trustees of The Estate of Bernice Pauahi Bishop served on 10/21/2025. (Franklin-Murdock, Jesse) (Entered: 10/21/2025)

ORDER OF RECUSAL - Signed by SENIOR JUDGE LESLIE E. KOBAYASHI on 10/21/2025. (eta) (Entered: 10/21/2025)

NOTICE of Case Reassignment: Please reflect new Civil case number CV 25-00450 MWJS-RT on all further pleadings. (eta) (Entered: 10/22/2025)

NOTICE by Students for Fair Admissions of Constitutional Challenge Students for Fair Admissions. (Attachments: # 1 Certificate of Service)(Franklin-Murdock, Jesse) (Entered: 10/23/2025)

1 Certificate of Service

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ORDER GRANTING MOTION TO APPEAR PRO HAC VICE as to R. Gabriel Anderson, Esq. re 9 - Signed by MAGISTRATE JUDGE ROM TRADER on 10/24/2025.Attorney R. Gabriel Anderson added Pro Hac Vice for Plaintiff Students for Fair Admissions. (jni) (Entered: 10/24/2025)

ORDER GRANTING MOTION TO APPEAR PRO HAC VICE as to Cameron T. Norris, Esq. re 10 - Signed by MAGISTRATE JUDGE ROM TRADER on 10/24/2025.Attorney Cameron T. Norris added Pro Hac Vice for Plaintiff Students for Fair Admissions. (jni) (Entered: 10/24/2025)

ORDER GRANTING MOTION TO APPEAR PRO HAC VICE as to J. Michael Connolly, Esq. re 11 - Signed by MAGISTRATE JUDGE ROM TRADER on 10/24/2025.Attorney J. Michael Connolly added Pro Hac Vice for Plaintiff Students for Fair Admissions. (jni) (Entered: 10/24/2025)

ORDER GRANTING MOTION TO APPEAR PRO HAC VICE as to Julius Kairey, Esq. re 12 - Signed by MAGISTRATE JUDGE ROM TRADER on 10/24/2025.Attorney Julius Kairey added Pro Hac Vice for Plaintiff Students for Fair Admissions. (jni) (Entered: 10/24/2025)

ORDER GRANTING MOTION TO APPEAR PRO HAC VICE as to Adam K. Mortara, Esq. re 13 - Signed by MAGISTRATE JUDGE ROM TRADER on 10/24/2025. Attorney Adam K. Mortara added Pro Hac Vice for Plaintiff Students for Fair Admissions.(jni) (Entered: 10/24/2025)

ORDER GRANTING MOTION TO APPEAR PRO HAC VICE as to Thomas R. McCarthy, Esq. re 14 - Signed by MAGISTRATE JUDGE ROM TRADER on 10/24/2025.Attorney Thomas R. McCarthy added Pro Hac Vice for Plaintiff Students for Fair Admissions. (jni) (Entered: 10/24/2025)

EO: On October 23, 2025, Plaintiff Students for Fair Admissions ("SFFA") filed a 18 Notice of Constitutional Challenge pursuant to Rule 5.1(a) of the Federal Rules of Civil Procedure, notifying the Attorney General of the United States that "this matter draws into question the constitutionality of 42 U.S.C. § 1981." Dkt. No. 18, at PageID.98. The notice states that Rule 5.1(a) "appear[s] to be satisfied." Id. If Rule 5.1(a) is indeed satisfied, then the court "must, under 28 U.S.C. § 2403," certify to the Attorney General of the United States "that a statute has been questioned." Fed. R. Civ. P. 5.1(b). SFFA has not taken a position on the issue of certification by the court under Rule 5.1(b). Defendant Trustees of the Estate of Bernice Pauahi Bishop d/b/a Kamehameha Schools ("Kamehameha Schools") has not yet entered an appearance in this case and therefore also has not taken a position. Within three days of Kamehameha Schools entering an appearance in this case, each party shall file a response to the question of whether the court should certify to the Attorney General of the United States that a statute has been questioned. Each response shall be no longer than three pages. IT IS SO ORDERED. (JUDGE MICAH W.J. SMITH)(rls) (Entered: 10/27/2025)

Brief re 25 Link,,,,, RESPONSE REGARDING CERTIFICATION OF CONSTITUIONAL QUESTION. (Attachments: # 1 Certificate of Service)(Franklin-Murdock, Jesse) (Entered: 10/31/2025)

1 Certificate of Service

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MOTION for Leave to File Amicus Curiae Brief in Support of Defendant - by Ni'i Loa M. Kamehameha. (Attachments: # 1 (Proposed) Order, # 2 Memorandum in Support, # 3 Exhibits, # 4 Affidavit, # 5 Certificate of Service, # 6 Mailing Envelope)(jni) (Entered: 11/13/2025)

1 (Proposed) Order

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4 Affidavit

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5 Certificate of Service

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RESPONSE in Opposition re 27 MOTION for Leave to File an Amicus Curiae Brief filed by Students for Fair Admissions. (Attachments: # 1 Certificate of Service)(Franklin-Murdock, Jesse) (Entered: 11/18/2025)

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EO: By agreement of the parties, the Rule 16 Scheduling Conference scheduled for 12/15/2025 is CONTINUED to 4/22/2026 at 9:00 a.m. before Magistrate Judge Trader. Scheduling Conference Statements are due 4/15/2026. Parties and other participants must call at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:Dial in number: 1-833-568-8864 (toll-free).Meeting ID: 161 5641 6035. (MAGISTRATE JUDGE ROM TRADER)(rt2) (Entered: 11/21/2025)

(non-party) REPLY to Plaintiff's Opposition to Motion for Leave to File Amicus Curiae Brief (Regarding Docket 28) re 27 - filed by Ni'i Loa M. Kamehameha. (Attachments: # 1 Certificate of Service)(jni) (Additional attachment(s) added on 11/24/2025: # 2 Mailing Envelope) (jni). (Entered: 11/24/2025)

(non-party) Motion for Permission to File Electronically (CM/ECF) - by Ni'i Loa M. Kamehameha. (Attachments: # 1 Certificate of Service) (jni) (Additional attachment(s) added on 11/24/2025: # 2 Mailing Envelope) (jni). (Entered: 11/24/2025)

STATEMENT Regarding Proceedings in Response to October 27, 2025, EO Concerning Certification Under Rule 5.1(B) [ECF 25] filed by Trustees of The Estate of Bernice Pauahi Bishop. (Attachments: # 1 Certificate of Service)(Cox, Joachim) (Entered: 11/25/2025)

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MOTION for Pro Hac Vice [Ellyde R. Thompson] Filing fee $ 300, receipt number AHIDC-3238272.Joachim P. Cox appearing for Defendant Trustees of The Estate of Bernice Pauahi Bishop (Cox, Joachim) (Entered: 11/26/2025)

MOTION for Pro Hac Vice [John F. Bash] Filing fee $ 300, receipt number AHIDC-3238274.Joachim P. Cox appearing for Defendant Trustees of The Estate of Bernice Pauahi Bishop (Cox, Joachim) (Entered: 11/26/2025)

MOTION for Pro Hac Vice [William A. Burck] Filing fee $ 300, receipt number AHIDC-3238275.Joachim P. Cox appearing for Defendant Trustees of The Estate of Bernice Pauahi Bishop (Cox, Joachim) (Entered: 11/26/2025)

AMENDED COMPLAINT; Jury Trial Demanded against Trustees of The Estate of Bernice Pauahi Bishop, filed by Students for Fair Admissions, I. P., B. P..(Franklin-Murdock, Jesse) Modified on 12/1/2025 (jni) (Entered: 12/01/2025)

ORDER GRANTING MOTION TO APPEAR PRO HAC VICE as to Ellyde R. Thompson, Esq. re 33 - Signed by MAGISTRATE JUDGE ROM TRADER on 12/1/2025.Attorney Ellyde R. Thompson added Pro Hac Vice for Defendant Trustees of the Estate of Bernice Pauahi Bishop (jni) (Entered: 12/01/2025)

ORDER GRANTING MOTION TO APPEAR PRO HAC VICE as to John F. Bash, Esq. re 34 - Signed by MAGISTRATE JUDGE ROM TRADER on 12/1/2025.Attorney John F. Bash added Pro Hac Vice for Defendant Trustees of the Estate of Bernice Pauahi Bishop (jni) (Entered: 12/01/2025)

ORDER GRANTING MOTION TO APPEAR PRO HAC VICE as to William A. Burck, Esq. re 35 - Signed by MAGISTRATE JUDGE ROM TRADER on 12/1/2025.Attorney William A. Burck added Pro Hac Vice for Defendant Trustees of the Estate of Bernice Pauahi Bishop (jni) (Entered: 12/01/2025)

CERTIFICATION TO THE ATTORNEY GENERAL OF THE UNITED STATES THAT A FEDERAL STATUTE HAS BEEN QUESTIONED, AND ORDERPERMITTING INTERVENTION - Signed by JUDGE MICAH W.J. SMITH on 12/1/2025.   Under 28 U.S.C. § 2403(a) an d Rule 5.1(b) of the Federal Rules of Civil Procedure, the court hereby certifies to the Attorney General of the United States that this action, in part, calls into question the constitutionality of 42 U.S.C. § 1981. The United States shall be p ermitted to intervene in accordance with 28 U.S.C. § 2403(a) and Rule 5.1(c), except that the court extends the deadline for intervention so that it expires 60 days from the date of this order. The Clerk of Court shall serve this certification and order on the Attorney General for the United States.(jni)

FIRST STIPULATION TO FILE FIRST AMENDED COMPLAINT AND IDENTIFY RESPONSE DATE, AND ORDER - Signed by MAGISTRATE JUDGE ROM TRADER on 12/1/2025.The Trustees of The Estate of Bernice Pauahi Bishop answer due 1/14/2026.(jni) (Entered: 12/01/2025)

COURT'S CERTIFICATE of Service - a certified copy of 40 Order, has been served by First Class Mail to the Office of the Attorney General, U.S. Department of Justice, 950 Pennsylvania Avenue, NW, Washington, DC 20530-0001 on December 2, 2025. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (jni)

STIPULATION TO STAY ALL PROCEEDINGS AND SECOND STIPULATION TO IDENTIFY RESPONSE DATE TO FIRST AMENDED COMPLAINT, AND ORDER - Signed by MAGISTRATE JUDGE ROM TRADER on 12/9/2025. (jni) (Entered: 12/09/2025)

non-party MOTION for Leave to File Supplemental Amicus Curiae Brief - by Ni'i Loa M. Kamehameha. (Attachments: # 1 (Proposed) Order, # 2 Certificate of Service, # 3 Mailing Envelope)(jni) (Entered: 12/12/2025)

1 (Proposed) Order

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(non-party) ADDENDUM to Supplemental Amicus Curiae Brief - by Ni'i Loa M. Kamehameha. (Attachments: # 1 Mailing Envelope)(jni) (Entered: 01/14/2026)

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MOTION for Pro Hac Vice Ryan Mackenzie Proctor, Esq. Filing fee $ 300, receipt number AHIDC-3255404.Jesse Franklin-Murdock appearing for Plaintiffs B. P., I. P., Students for Fair Admissions (Attachments: # 1 Declaration Declaration of Ryan Proctor, # 2 Proposed Order)(Franklin-Murdock, Jesse) (Entered: 01/20/2026)

1 Declaration Declaration of Ryan Proctor

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2 Proposed Order

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STIPULATION TO PARTIALLY LIFT STAY AND REQUEST FOR STATUS CONFERENCE - Signed by JUDGE MICAH W.J. SMITH on 1/21/2026. (jni) (Entered: 01/21/2026)

(non-party) NOTICE OF MOTION MOTION to Intervene Edward H. Ayau appearing for Intervenor Edward Halealoha Ayau (Attachments: # 1 Certificate of Service)(Ayau, Edward) Modified on 1/21/2026 to modify event. (jni) (Entered: 01/21/2026)

1 Certificate of Service

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(non-party) Non-Party Intervenor Hawaiian Kingdom's MOTION to Intervene Edward H. Ayau appearing for Intervenor Edward Halealoha Ayau (Ayau, Edward) Modified on 1/21/2026 (jni) (Entered: 01/21/2026)

(non-party) MOTION to Intervene MEMORANDUM OF LAW IN SUPPORT OF HAWAIIAN KINGDOM'S MOTION TO INTERVENE Edward H. Ayau appearing for Intervenor Edward Halealoha Ayau (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Ayau, Edward) Modified on 1/21/2026 to change event. (jni) (Entered: 01/21/2026)

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(non-party) CERTIFICATE OF SERVICE re: MOTION to Intervene Edward H. Ayau appearing for Intervenor Edward Halealoha Ayau (Ayau, Edward) Modified on 1/21/2026 to change event type. (jni) (Entered: 01/21/2026)

(non-party) CERTIFICATE OF COMPLIANCE re: MOTION to Intervene Edward H. Ayau appearing for Intervenor Edward Halealoha Ayau (Ayau, Edward) Modified on 1/21/2026 to change event type. (jni) (Entered: 01/21/2026)

(non-party) PROPOSED ORDER re: MOTION to Intervene Edward H. Ayau appearing for Intervenor Edward Halealoha Ayau (Ayau, Edward) Modified on 1/21/2026 to change event type. (jni) (Entered: 01/21/2026)

(non-party) MOTION to Intervene Appear Pro Hac Vice Edward H. Ayau appearing for Intervenor Edward Halealoha Ayau (Ayau, Edward) Modified on 1/21/2026 (jni) (Entered: 01/21/2026)

MOTION TO PROCEED USING INITIALS Jesse Franklin-Murdock appearing for Plaintiffs B. P., I. P., Students for Fair Admissions (Attachments: # 1 Memorandum in Support of Motion to Proceed Using Initials, # 2 Certificate of Compliance, # 3 Declaration of B.P., # 4 Declaration of B.P., # 5 Declaration of Edward Blum, # 6 Declaration of Cameron Norris, # 7 Declaration of Jesse Franklin-Murdock, # 8 SEALED (Redacted) Appendix to Plaintiffs' Motion to Proceed Using Initials, Volume 1, # 9 Appendix to Plaintiffs' Motion to Proceed Using Initials, Volume 2, # 10 Certificate of Service)(Franklin-Murdock, Jesse) Modified on 1/23/2026 to restrict ECF No. 54-8 (Appendix, Volume 1) pursuant to Entering Order, ECF No. 59. (jni) Modified viewing restriction on 2/24/2026: ECF [54-8] was restricted in error. Appendix Volume 1 unsealed. Unredacted version filed under seal at ECF 85 . (jni) (Entered: 01/21/2026)

1 Memorandum in Support of Motion to Proceed Using Initials

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2 Certificate of Compliance

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3 Declaration of B.P.

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4 Declaration of B.P.

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5 Declaration of Edward Blum

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6 Declaration of Cameron Norris

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7 Declaration of Jesse Franklin-Murdock

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9 Appendix to Plaintiffs' Motion to Proceed Using Initials, Volume 2

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10 Certificate of Service

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MOTION to File Documents under Seal Jesse Franklin-Murdock appearing for Plaintiffs B. P., I. P., Students for Fair Admissions (Attachments: # 1 Memorandum in Support of Motion to File Sealed Appendix to Motion to Proceed Using Initials, # 2 Proposed Order, # 3 Certificate of Service)(Franklin-Murdock, Jesse) (Entered: 01/21/2026)

ADVISORY ENTRY-Incorrect Event- Please be advised that an incorrect filing event was selected for docket entry 53 MOTION to Appear Pro Hac Vice. The docket text has been modified. Please re-file the document using the event "MOTION", then "PRO HAC VICE". For the filing party's future reference, a helpful tool in determining the correct filing event is the "SEARCH" option located on the CM/ECF tool bar. A text window will appear wherein the filer may type in the word that describes the filing. (jni)

ORDER GRANTING MOTION TO APPEAR PRO HAC VICE as to Ryan Mackenzie Proctor, Esq. re 45 - Signed by MAGISTRATE JUDGE ROM TRADER on 1/22/2026.Attorney Ryan Mackenzie Proctor added Pro Hac Vice for Plaintiffs. (jni) (Entered: 01/22/2026)

EO: A Status Conference is set for Monday, January 26, 2026, at 10:00 AM via Video Conference before JUDGE MICAH W.J. SMITH. In advance of the conference, the courtroom manager will provide the participants with instructions to connect by video.(JUDGE MICAH W.J. SMITH) (ab) (Entered: 01/22/2026)

EO: Before the court are a 27 motion for leave to file an amicus curiae brief and a 48 motion for a non-party to intervene in this case. The amicus motion was filed on November 13, 2025, by an individual identifying himself as "His Royal Highness Prince Ni'i Loa," "Sacred King Kamehameha VII," and "Heir to the Royal Principality of Hawai'i." Dkt. No. 27, at PageID.118. He supplemented this submission on December 12, 2025, and again on January 14, 2026. Dkt. Nos. 43, 44. The intervention motion was filed on January 21, 2026, by an entity identifying itself as the "Council of Regency of the Hawaiian Kingdom," or simply, the "Hawaiian Kingdom." Dkt. No. 48, at PageID.294. Both the amicus motion and the intervention motion seek to challenge, as the latter puts it, "the erroneous assumption that United States constitutional and statutory law supplanted Hawaiian Kingdom law." Id.; see also Dkt. No. 44, at PageID.266 (contending that "the asserted authority over lands originating in Royal Patent Grants rests upon an unresolved and structurally defective chain of sovereign conveyance," and that "this Court [therefore] lacks subject-matter jurisdiction"). But "the United States Supreme Court made clear over 130 years ago that '[w]ho is the sovereign, de jure or de facto, of a territory, is not a judicial, but a political, question, the determination of which by the legislative and executive departments of any government conclusively binds the judges." Hawaiian Kingdom v. Biden, Civ. No. 21-00243, 2022 WL 2079649, at *2 (D. Haw. June 9, 2022) (quoting Jones v. United States, 137 U.S. 202, 212 (1890)). That is why the "Ninth Circuit, this court, and Hawaii state courts have rejected arguments asserting Hawaiian sovereignty." Id. (collecting cases). As the Hawai'i Supreme Court has put it, "whatever may be said regarding the lawfulness of its origins, the State of Hawai'i . . . is now, a lawful government." State v. Kaulia, 128 Hawai'i 479, 487, 291 P.3d 377, 385 (2013) (cleaned up). This court is similarly bound to accept the lawfulness of the government of the United States and the applicability of its laws in this State. To be sure, the amicus motion and intervention motion also make arguments about the proper interpretation of federal law and the Constitution of the United States, and refer to materials that might aid in interpreting both. But Plaintiffs and Defendant are ably represented by counsel fully capable of submitting and raising arguments based on any such pertinent materials. For these reasons, the above-referenced 27 motion for leave to file an amicus curiae brief and 48 motion for a non-party to intervene are DENIED. IT IS SO ORDERED. (JUDGE MICAH W.J. SMITH) (ab) (Entered: 01/22/2026)

Order on Motion for Leave to File AND Order on Motion for Leave to File AND Order on Motion to Intervene

COURT'S CERTIFICATE of Service - a copy of Dkt. No. 58 Entering Order has been served by First Class Mail to the addresses of record on Ni'i Loa M. Kamehameha P.O. Box 355 Haiku, HI 96708. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (ab)

EO: On January 21, 2026, the court received Plaintiffs' 55 Motion to file a sealed appendix to Plaintiffs' 54 Motion to Proceed Using Initials. There is a "strong presumption of access to judicial records." Kamakana v. City & Cnty. of Honolulu, 447 F.3d 1172, 1179 (9th Cir. 2006). In light of this strong presumption of access, "a court may seal records only when it finds a compelling reason and articulates the factual basis for its ruling." Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1096 (9th Cir. 2016) (cleaned up). Having reviewed the memorandum in support of the motion to file under seal, the court finds that Plaintiffs have identified sufficiently "compelling reasons" to file the proposed appendix under seal. Id. Plaintiffs also plan to publicly file a redacted version of the appendix. Moreover, the motion states Defendant has indicated it "takes no position to the motion and does not plan to file an opposition." Dkt. No. 55, at PageID.1017. Accordingly, Plaintiffs' 55 motion to file their unredacted Appendix to Plaintiffs' 54 Motion to Proceed Using Initials, Volume 1 under seal is GRANTED. IT IS SO ORDERED. (JUDGE MICAH W.J. SMITH) (ab) (Entered: 01/23/2026)

EO: On 11/24/2025, pro se non-party His Royal Highness, Prince Ni'i Loa ~ Kapu ~ Moe Kamehameha ("Movant") filed [ECF 31 ] Motion for Permission to File Electronically (CM/ECF) ("Motion").In light of [ECF 58 ] Entering Order, filed 1/22/2026, denying [ECF 27 ] Motion for Leave to File Amicus Curiae Brief filed by the same Movant, this Court DENIES the instant Motion as moot. (MAGISTRATE JUDGE ROM TRADER)(rt2) (Entered: 01/23/2026)

Order on Motion to File Documents Under Seal

Order on Application for Permission to E-file

COURT'S CERTIFICATE of Service - a copy of ECF No. 60 Entering Order has been served by First Class Mail to Ni'i Loa M. Kamehameha, P.O. Box 355, Haiku, HI 96708 on 1/23/2026. (rt2)

Defendant's Letter Brief regarding Timing and Sequencing received on January 23, 2026. (ab) (Entered: 01/26/2026)

Plaintiff's Letter re Dkt. No. 61 received on January 23, 2026. (ab) (Entered: 01/26/2026)

Defendant's Letter Brief re Dkt. No. 62 received on January 25, 2026. (ab) (Entered: 01/26/2026)

EP: STATUS CONFERENCE held on 1/26/2026. Discussion held. In advance of the hearing, the parties submitted letters to the court regarding the proposed scheduling of various motions. The parties consented to these letters being filed on the public docket. Discussion held regarding a proposed briefing schedule for Plaintiffs' 54 Motion to Proceed Using Initials. The parties shall meet and confer regarding a reasonable but expeditious briefing schedule. As to the hearing, the court is open to parties appearing remotely so long as requests to appear remotely are made in compliance with Judge Smith's Individual Rules of Practice. Discussion held regarding the timing and scheduling of Defendant's anticipated Rule 12(b) motions. The requests of both parties as to the same were TAKEN UNDER ADVISEMENT. An EO will follow with the court's decisions as to the above. (Reporter-Beth Krupa) (JUDGE MICAH W.J. SMITH) (ab) (Entered: 01/26/2026)

EO: Having carefully considered the scheduling proposals of each party, as set out in Dkt. Nos. 61, 62, 63, and as helpfully elaborated during the January 26, 2026, hearing, the court now reaches the following conclusions: 1. Given Plaintiffs' legitimate interest in proceeding expeditiously in this case, the motion of Plaintiffs B.P. and I.P. for leave to proceed under their initials throughout the duration of this case, Dkt. No. 54, and the anticipated cross-motion concerning this request, will not be referred to a magistrate judge. The motions instead will be heard immediately by the undersigned district judge. Briefing on the motions will follow the requirements of Local Rule 7.7. Counsel are DIRECTED to meet and confer and propose a hearing date, along with corresponding dates for the remaining expected briefing. Counsel are invited to confer with the courtroom manager, in advance of making a formal proposal, to identify a workable hearing date. 2. The court GRANTS Defendant's unopposed request to file its anticipated cross-motion concerning Dkt. No. 54, and which is expected to include an argument under Rule 12(b) of the Federal Rules of Civil Procedure, without waiving its right to file additional Rule 12(b) motions at a later date to be set by the court. 3. Defendant is ORDERED to file its additional motions under Rule 12(b) of the Federal Rules of Civil Procedure (except, as noted above, for its cross-motion concerning Dkt. No. 54) all at once, and in a single filing. Counsel are DIRECTED to meet and confer and propose a deadline for the filing of these additional motions, for an initial hearing date, and for corresponding dates for briefing. 4. The court is inclined to limit the initial hearing on the additional Rule 12(b) motions to arguments addressing constitutional and statutory standing, but the court will confirm this with counsel at some point after the motions and responses have been filed. If the initial hearing is so limited, the court will, as needed, schedule a second hearing to allow argument on other issues. The court thanks all counsel for the helpful discussion at the January 26, 2026, hearing, as well as for the professionalism they demonstrated at the hearing. (JUDGE MICAH W.J. SMITH) (ab) (Entered: 01/26/2026)

MOTION for Pro Hac Vice of Patrick Strawbridge Filing fee $ 300, receipt number AHIDC-3258658.Jesse Franklin-Murdock appearing for Plaintiffs B. P., I. P., Students for Fair Admissions (Attachments: # 1 Declaration of Counsel, # 2 Proposed Order)(Franklin-Murdock, Jesse) (Entered: 01/27/2026)

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2 Proposed Order

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ORDER GRANTING MOTION TO APPEAR PRO HAC VICE as to Patrick Strawbridge, Esq. re 66 - Signed by MAGISTRATE JUDGE ROM TRADER on 1/29/2026. Attorney Patrick Strawbridge added Pro Hac Vice for Plaintiffs Students for Fair Admissions, I.P., B.P. (jni) Modified on 1/29/2026 (jni) (Entered: 01/29/2026)

(non-party) MOTION for Leave to File Amicus Curiae Brief - by Windyceslau D. Lorenzo. (Attachments: # 1 Declaration of Lineal Descent, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(jni) (Entered: 01/30/2026)

1 Declaration of Lineal Descent

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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** Document withdrawn pursuant to Notice of Withdrawal of Motion, ECF No. 70 ** (non-party) MOTION for Reconsideration Edward H. Ayau appearing for Interested Party Edward Halealoha Ayau (Attachments: # 1 Memorandum)(Ayau, Edward) Modified on 2/3/2026 to terminate this motion pursuant to the Notice of Withdrawal of Motion for Reconsideration at ECF No. 70. (jni) (Entered: 02/02/2026)

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(non-party) NOTICE of Withdrawal of Motion ECF No. 69 by Edward H. Ayau on behalf of Edward Halealoha Ayau. (Attachments: # 1 Certificate of Service)(Ayau, Edward) Modified on 2/3/2026 (jni) (Entered: 02/03/2026)

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(non-party) MOTION for Reconsideration Edward H. Ayau appearing for Interested Party Edward Halealoha Ayau (Attachments: # 1 Certificate of Service)(Ayau, Edward) Modified on 2/3/2026 (jni) (Entered: 02/03/2026)

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(non-party) CERTIFICATE OF SERVICE MEMORANDUM in Support filed by Edward Halealoha Ayau. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Ayau, Edward) Modified on 2/3/2026 to reflect title of the document. (jni) (Entered: 02/03/2026)

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(non-party) (Proposed) Order Granting Hawaiian Kingdom's Motion for Reconsideration MOTION for Reconsideration Edward H. Ayau appearing for Interested Party Edward Halealoha Ayau (Ayau, Edward) Modified on 2/3/2026 to reflect title of the document. (jni) (Entered: 02/03/2026)

(non-party) Certificate of Compliance MOTION for Reconsideration Edward H. Ayau appearing for Interested Party Edward Halealoha Ayau (Ayau, Edward) Modified on 2/3/2026 to reflect title of the document. (jni) (Entered: 02/03/2026)

(non-party) CERTIFICATE OF SERVICE MEMORANDUM in Support filed by Edward Halealoha Ayau. (Ayau, Edward) Modified on 2/3/2026 to reflect title of the document. (jni) (Entered: 02/03/2026)

(non-party) MEMORANDUM in Support of Motion for Reconsideration filed by Edward Halealoha Ayau. (Ayau, Edward) Modified on 2/3/2026 (jni) (Entered: 02/03/2026)

STIPULATION TO FILE SECOND AMENDED COMPLAINT - Signed by JUDGE MICAH W.J. SMITH on 2/11/2026. (jni) (Entered: 02/11/2026)

Second AMENDED COMPLAINT; Jury Trial Demanded against All Defendants, filed by I. P., Students for Fair Admissions, B. P..(Franklin-Murdock, Jesse) Modified on 2/11/2026 (jni) (Entered: 02/11/2026)

(non-party) Amicus Curiae Brief in Support of Reconsideration - by Ni'i Loa M. Kamehameha. (Attachments: # 1 Certificate of Service, # 2 Mailing Envelope)(jni) (Entered: 02/11/2026)

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STIPULATION TO CONFIRM BRIEFING SCHEDULE ON PLAINTIFFS' MOTION TO PROCEED USING INITIALS AND DEFENDANTS' CROSS-MOTION TO COMPEL PLAINTIFFS TO IDENTIFY THEMSELVES, AND ORDER - Signed by JUDGE MICAH W.J. SMITH on 2/11/2026. (jni) (Entered: 02/11/2026)

(non-party) MOTION for Leave to File Supplemental Brief in Support of Motion for Reconsideration [Doc.71] Filed February 3, 2026 Edward H. Ayau appearing for Interested Party Edward Halealoha Ayau (Attachments: # 1 Certificate of Service)(Ayau, Edward) Modified on 2/17/2026 (jni) (Entered: 02/16/2026)

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(non-party) Declaration of David Keanu Sai, Ph.D, in Support of Motion for Leave to File a Supplemental Brief in Support of the Motion for Reconsideration; Exhibit 1 Additional Exhibits to 81 MOTION for Leave to File filed by Edward Halealoha Ayau. (Ayau, Edward) Modified on 2/17/2026 (jni) (Entered: 02/16/2026)

(non-party) (Proposed) Order Granting Hawaiian Kingdom's Motion for Leave to File Supplemental Brief in Support of Motion for Reconsideration [Doc. 71] Filed February 3, 2026 Additional Exhibits to 81 MOTION for Leave to File filed by Edward Halealoha Ayau. (Ayau, Edward) Modified on 2/17/2026 (jni) (Entered: 02/16/2026)

MEMORANDUM in Opposition re 54 MOTION TO PROCEED USING INITIALS (Defendant Kamehameha Schools Opposition to Plaintiffs Motion to Proceed Using Initials and Defendants Cross-Motion to Compel Plaintiffs to Identify Themselves; Certificate of Service) filed by Trustees of The Estate of Bernice Pauahi Bishop. (Cox, Joachim) (Entered: 02/18/2026)

SEALED APPENDIX:SEALED APPENDIX TO PLAINTIFFS' MOTION TO PROCEED USING INITIALS (ECF [54-8]) - by Plaintiffs B. P., I. P., Students for Fair Admissions.Sealed pursuant to Order, ECF No. 59.(jni) (Entered: 02/24/2026)

EO: On January 22, 2026, this court denied a 27 motion for leave to file an amicus curiae brief and a 48 motion for a non-party to intervene in this case. Dkt. No. 58.The individual who filed that amicus motion -- who identifies himself as "His Royal Highness Prince Ni'i Loa," "Sacred King Kamehameha VII," and "Heir to the Royal Principality of Hawai'i," Dkt. No. 27, at PageID.118 -- has now moved for reconsideration. Dkt. No. 79. The entity that filed the intervention motion -- identifying itself as the "Council of Regency of the Hawaiian Kingdom," or simply, the "Hawaiian Kingdom," Dkt. No. 48, at PageID.294 -- has similarly filed a motion for reconsideration, along with materials in support of that motion. Dkt. Nos. 71, 76, 81-83.In addition, another individual, Windyceslau D. Lorenzo -- who identifies himself as "a verified lineal descendant of HM King Kamehameha I" -- has filed a motion for leave to file an amicus brief of his own. Dkt. No. 68, at PageID.1046.As the court previously explained, it is "bound to accept the lawfulness of the government of the United States and the applicability of its laws in this State." Dkt. No. 58. For that reason, the arguments movants seek to advance here -- including that "the State of Hawai'i ha[s] no legal basis under Hawaiian Kingdom law or the international laws of occupation," that the "occupant State has unlawfully seized public and private property for the construction of its government agencies and military installations," that "United States legislation" has "emanated from an unlawful legislature," and that the "Commander of the United States Pacific Command, and those subordinate military personnel to whom he may delegate such authority [should] seize control of its government" and "proclaim[] the establishment of a military government," Dkt. No. 82, at PageID.1359, 1363 -- are not legally cognizable in this court. Accord Algal Partners, L.P. v. Santos, Civ. No. 13-00562, 2014 WL 1653084, at *3 (D. Haw. Apr. 23, 2014) (noting that "courts have rejected these same arguments made by Dr. Sai in other cases").Nor is the intervenor movant correct in suggesting that a court is obligated to allow intervention without any consideration of whether the proposed intervenor has offered alegally cognizable claim. To be sure, Ninth Circuit precedent is not settled on whether a court may deny a motion to intervene as of right on the ground that a claimed protectible interest is meritless as a matter of law. See, e.g., Nirvana L.L.C. v. Mark Jacobs Int'l, L.L.C., 2021 WL 11707536, at *4 (D. Haw. Dec. 9, 2021) (rejecting the argument that "proposed intervention is futile because Fisher's copyright ownership claim fails as a matter of law"). But intervention as of right requires a showing that an interest "is protectable under some law" that can be enforced in federal court. Arakaki v. Cayetano, 324 F.3d 1078, 1084 (9th Cir. 2003) (cleaned up). Given that the intervenor movant's arguments are not legally cognizable in this court, it has not made that showing. Nor, by pointing to the fact that Defendant has declined to raise arguments that are not legally cognizable, see, e.g., Dkt. No. 76, at PageID.1250-55, can the intervenor movant show that Defendant will not adequately represent any interests that are legally cognizable.It likewise would not be appropriate to allow an entity to permissively intervene -- or an individual to file an amicus brief -- to make arguments that are not legally cognizable.For these reasons, each of the above motions is DENIED. To be clear: the court takes no position on the merits of movants' political arguments. The point is that those arguments must be directed toward the political branches of the United States government.IT IS SO ORDERED. (JUDGE MICAH W.J. SMITH) (ab) (Entered: 02/24/2026)

Order on Motion for Leave to File AND Order on Motion for Leave to File AND Order on Motion for Leave to File AND Order on Motion for Reconsideration

COURT'S CERTIFICATE of Service - a copy of the court's Dkt. No. 86 Entering Order has been served by First Class Mail to Ni'i Loa M. Kamehameha and Windyceslau D. Lorenzo at their addresses of record on 2/24/2026. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (ab)

MOTION for Leave to File Excess Pages Jesse Franklin-Murdock appearing for Plaintiffs B. P., I. P., Students for Fair Admissions (Franklin-Murdock, Jesse) (Entered: 02/25/2026)

Letter from Plaintiffs dated February 24, 2026. (ab) (Entered: 02/25/2026)

EO: The court has received Plaintiff Students for Fair Admissions' 88 letter regarding issues related to discovery and a proposed briefing schedule for Defendant Kamehameha Schools' forthcoming motion to dismiss. Defendant may file a response to the letter on the court's docket by Friday, February 27, 2026. At that time, the court will consider whether a follow-up status conference is needed. IT IS SO ORDERED. (JUDGE MICAH W.J. SMITH) (ab) (Entered: 02/25/2026)

EO: Plaintiffs have filed a 87 partially opposed motion for extension of page limits. The motion is GRANTED IN PART and DENIED IN PART. The court GRANTS the motion to the extent it is unopposed: the page limit for Plaintiffs' combined reply and opposition shall be the greater of 20 pages or 5,000 words, and the page limit for Defendant's reply shall be the greater of 20 pages or 5,000 words. The motion is DENIED in all other respects. IT IS SO ORDERED. (JUDGE MICAH W.J. SMITH) (ab) (Entered: 02/25/2026)

Order on Motion for Leave to File Excess Pages