200 F.3d 661 (9th Cir. 2000), 98-16238, Burgert v. Pauahi Bishop Trust

Docket Nº:98-16238
Citation:200 F.3d 661
Party Name:ELIZABETH SIMEONA BURGERT, an individual, Plaintiff-Appellant, and FRANCINE DAWSON, an individual; BELINDA ANAHUEA BURGERT, an individual; SHIRLEY KALA, an individual; on behalf of themselves and all beneficiaries of the Bishop Estate, Plaintiffs, v. THE LOKELANI BERNICE PAUAHI BISHOP TRUST, a charitable trust administered under the laws of the Sta
Case Date:January 26, 2000
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
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Page 661

200 F.3d 661 (9th Cir. 2000)

ELIZABETH SIMEONA BURGERT, an individual, Plaintiff-Appellant,

and

FRANCINE DAWSON, an individual; BELINDA ANAHUEA BURGERT, an individual; SHIRLEY KALA, an individual; on behalf of themselves and all beneficiaries of the Bishop Estate, Plaintiffs,

v.

THE LOKELANI BERNICE PAUAHI BISHOP TRUST, a charitable trust administered under the laws of the State of Hawaii; RICHARD S.H. WONG, an individual; MARION MAE LOKELANI LINDSEY, an individual; HENRY PETERS, an individual; GERARD JERVIS, an individual; OSWALD K. STENDER, an individual; THE BERNICE PAUAHI BISHOP ESTATE, a charitable trust administered under the laws of the State of Hawaii; JOHN DOES 1-5; JOHN DOES CORPORATIONS 1-5; JOHN DOE PARTNERSHIPS 1-5;

Page 662

ROE CORPORATIONS 1-5; DOE PARTNERSHIPS 1-5; ROE NON-PROFIT ORGANIZATIONS 1-5; ROE GOVERNMENTAL GENCIES 1-5, Defendants-Appellees.

No. 98-16238

United States Court of Appeals, Ninth Circuit

January 26, 2000

Argued and Submitted November 1, 1999

Joseph W. Cotchett, Cotchett, Pitre & Simon, Burlingame, California, for the plaintiff-appellant.

William C. McCorriston, McCorriston, Miho, Miller & Mukai, Honolulu, Hawaii, for defendants-appellees Richard S. Wong, Marion M. L. Lindsey, and Henry Peters.

Rosemary Fazio, Ashford & Wriston, Honolulu, Hawaii, for defendant-appellee the Estate of Bernice Pauahi Bishop.

Stacey M. Robinson, McCorriston, Miho, Miller & Mukai, Honolulu, Hawaii, for the defendants-appellees.

Appeal from the United States District Court for the District of Hawaii; Helen Gillmor, District Judge, Presiding. D.C. No. CV-97-01637-HG

Before: Dorothy W. Nelson, Alex Kozinski, and William A. Fletcher, Circuit Judges.

W. FLETCHER, Circuit Judge:

This appeal presents the question whether the Native Hawaiian Education

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Act and the Native Hawaiian Health Care Act create implied private rights of action. The district court concluded that the acts do not create such rights of action and dismissed plaintiff's suit for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6). We affirm.

Elizabeth S. Burgert and others initiated this class action against the Bishop Trust and individual named trustees on behalf of all Native Hawaiians. The complaint alleged misuse of federal funds by the trust in violation of federal law, as well as violations of state law arising out of the same factual allegations. The Bishop Trust is a charitable testamentary trust established by the last direct descendent of King Kamehameha I, Princess Bernice Pauahi Bishop, who left her property in trust for a school dedicated to the education and upbringing of Native Hawaiians. The district court entered judgment in favor of defendants, finding that the federal statutes do not create private rights of action and dismissing the state law claims under 28 U.S.C. S 1367(c)...

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