For those of us that only have access to the publicly released documents on the eCourt Kokua website, it is useful to know that by the time an attorney writes the official judicial order on a motion, the judge has informed both parties to the lawsuit of his or her decision several days (or weeks) prior. Consequently, observers can better understand why motions are made if they know when and which judicial orders are released at or before the motion filing.

In this legal action thread, the Plaintiff subpoenaed the emails and documents held by Attorney Lincoln Ashida. Mr. Ashida was the LCA attorney during the 2019/2020 BoD tenure. The subpoena requests "[a]ny and all emails..." and "[a]ny and all documents..." between the 2019/2020 BoD Directors and Mr. Ashida. It also commands that Mr. Ashida appear to be deposed. The subpoena lists 32 separate categories of document/email contents (including 3 repetitions: #7, 9, 11) that are to be made available to the plaintiff, e.g., communications relating to several regular BoD meetings, speed humps, alleged resignations of some Directors, dues increases, the 2019/2020 BoD elections including the actual ballots, etc. This action was made immediately followng the judicial orders against the Plaintiff concerning the standing of the original four plaintiffs and the Summary Judgement on the allegations in the 1st Amended Complaint. The latter of which was especially damaging to the Plaintiff's case.

The Defense counters the subpoena requesting a "Protective Order" forbidding the release of the communications on the grounds that: "The categories are overly broad and unduly burdensome, vague and ambiguous, and call for documents subject to the attorney-client privilege and attorney work-product doctrine. In essence, Plaintiff’s subpoena seeks disclosure of nearly every communication had between Attorney Lincoln Ashida and Defendants..." The Defense also requests the Plaintiff pay the Defense's fees associated with preventing the subpoena. The final Order grants the Protective Order but denies the request for fees.