The final words in most appellate oral arguments by the jurists are usually something along the lines of "we'll let you know." In Hawaii state courts, the Chief Justice signals you're done with "we'll take the case under advisement," while in many federal courts, the presiding judge informs you "the case is submitted." Or words to that effect.
It was no different in the Ninth Circuit oral arguments in Bridge Aina Lea, LLC v. Chock, Nos. 12-15971, 12-16076, case argued earlier this week before the Ninth Circuit at its session in Honolulu. The case was "submitted for decision." Listen yourself at the end of the oral argument recording.
Today, however, the panel issued this order withdrawing the submission, in anticipation of the upcoming Hawaii Supreme Court oral arguments in the related state litigation, scheduled for June 25, 2014. The NInth Circuit judges were keenly interested in the Hawaii case arguments, quizzing both lawyers about the anticipated time frame for a decision from that court (these days, you usually do not have to wait very long after arguments for the Hawaii Supreme Court to issue a decision -- the court works pretty quickly). The judges didn't say, of course, but it appears they believe that a ruling from the Hawaii Supreme Court on the merits might make a decision by the federal court unnecessary. The appeal in the Ninth, after all, does not focus on the merits of the plaintiffs' claims, but rather on somewhat arcane questions of federal procedure - quasi-judicial immunity, Pullman abstention, and Williamson County ripeness.
So what we have here is a "punt," or maybe more accurately a "wait and see" by the Ninth Circuit.
Next up: we'll post the full set of the briefs filed in the Hawaii Supreme Court. Stay tuned.
Order, Bridge Aina Lea, LLC v. Chock, No. 12-15971 (9th Cir. Jun. 12, 2014)
