Rail lawsuit plaintiffs filed their response to the FTA's motions yesterday:
From HonoluluTraffic.com September 27, 2011
Late last night our attorneys filed our response to the FTA's Motion to dismiss certain Plaintiffs from the lawsuit and in addition their claim that the plaintiffs had insufficient participation in the process. This was of course all nonsense and an effort by the FTA and the City to delay matters. This is what we said in our press release:
"In these Responses, we and the other Plaintiffs address clearly and directly the Defendants’ allegations that some of the Plaintiffs did not participate in the administrative processes of the City and FTA. Our response sets out ways in which various Plaintiffs participated, including, for example, eight rounds of comments from HonoluluTraffic.com and additional comments from its members.
"In our Responses, we point out that the Defendants’ motion has nothing to do with the merits of the case. In fact, it represents an exceptionally weak attempt by the Defendants to avoid a resolution on the merits. We take the Defendants' decision not to engage on substantive issues as a sign that they are aware of the weakness of their legal position.
"All it takes for the lawsuit to continue is the participation of at least one Plaintiff with standing to sue. The Defendants’ effort to remove some of the Plaintiffs from this case is a waste of the court’s time and the taxpayers’ money.
"We continue to view the Defendants’ motion as frivolous."
Plaintiff's response to the FTA Motion for Judgment on the Pleadings
Plaintiff's response to the FTA request for judicial notice.
Roth et al. Press Release re the filing of the Response