FIRST CIRCUIT. COURT HAWAIL FUJIWARA AND ROSENBAUM, LLLC. i ELIZABETH JUBIN FUJIWARA 3558 215 OCT 1 PH 2:37 | JOSEPH T. ROSENBAUM 9205 1100 Alakea St, 20" FI., Ste B Honolulu, Hawaii 96813 JU U20. Telephone: 203-5436 RK Attomeys for Plaintiff i JOHN MCCAUGHEY | IN THE CIRCUIT COURT OF THE FIRST CIRCUIT STATE OF HAWATL GwBc JOHN MCCAUGHEY, ) CIVIL NO. 15-1-1920=10 I ) (Other Civil Action) | Plaintiff, ) ! ) COMPLAINT; DEMAND FOR JURY vs. ) TRIAL; SUMMONS ) ANSALDO HONOLULU JY, a general ) domestic partnership; ANSALDO-STS USA, ) INC, a foreign profit corporation; JOHN ) DOES 1-10; JANE DOES 1-10; DOE ) CORPORATIONS 1-10; DOE ) PARTNERSHIPS 1-10; ) UNINCORPORATED ORGANIZATIONS) 1-10; and DOE GOVERNMENTAL ) AGENCIES 1-10, ) ) ) Defendants. ) ) ) ) i} ) COMPLAINT COMES NOW Plaintiff JOHN MCCAUGHEY [hereinafter referred to as "MR. MCCAUGHEY "], by and through his counsel, ELIZABETH JUBIN FUJIWARA and JOSEPH T. ROSENBAUM, and complains against the above-named Defendants alleges and avers as follows:I. NATURE OF CASE 1. ‘The basis of this case is a, inter alia, whistleblower violation as it relates to MR. MCCAUGHEY’s employment at ANSALDO HONOLULU IV/ANSALDO-STS USA, INC [hereinafter referred to as “AHJV"]. IL, JURISDICTION 2. MR. MCCAUGHEY brings this action pursuant, including, but not limited to, Hawaii Revised Statutes [“HRS”] Chapter 378 Part V, Whistleblowers’ Protection Act, to obtain full and complete relief and to redress the tortious conduct described herein. 3, At all times relevant herein, MR. MCCAUGHEY was an employee of ANSALDO HONOLULU JV/ANSALDO-STS USA, INC [hereinafter jointly referred to as referred to as "ANSALDO"] and a resident of the City and County of Honolulu, State of Hawaii. 4. Atall times relevant herein, Defendant AHJV is an employer within the meaning of HRS Chapter 378. 5. Based upon information and belief, at all times relevant herein, Defendant AHLV''s principal place of business is in the City and County of Honolulu, State of Hawai'i. 6. Upon information and belief, and at all times relevant herein, Defendant AHIV’s employees, agents and/or representatives, were acting within the course and scope of their duties as employees, agents and/or representatives of AHJV; therefore, AHIV is liable for the intentional and/or tortious and/or wrongful conduct of said employees, agents and/or representatives pursuant to the doctrine of Respondeat Superior and/or principles of Agency. 7. Atal times relevant herein, Defendant ANSALDO-STS USA, INC is an employer within the meaning of HRS Chapter 378. 8. Based upon information and belief, at all times relevant herein, DefendantANSALDO-STS USA, INC 's principal place of business is in the Pittsburgh, Pennsylania. 9. Upon information and belief, and at all times relevant herein, Defendant ANSALDO-STS USA, INC’s employees, agents and/or representatives, were acting within the course and scope of their duties as employees, agents and/or representatives of ANSALDO-STS USA, INC; therefore, ANSALDO-STS USA, INC is liable for the intentional and/or tortious and/or wrongful conduct of said employees, agents and/or representatives pursuant to the doctrine of Respondeat Superior and/or principles of Agency. 10, _Alllevents done by Defendants described herein occurred within the City and County of Honolulu, State of Hawaii, and within the jurisdiction and venue of the Circuit Court of the First Circuit, State of Hawaii. Ill. STATEMENT OF FACTS 11. On February 18, 2015, MR, MCCAUGHEY, a very experienced career Construction Health and Safety Technician (“CHST”), certified through the U.S. Board of Certified Safety Professionals, submitted his resume to ANSALDO by way of Jon Wagner of B- Safe Consulting after seeing the AHIV website advertising subcontractor opportunities for Safety & Security services. 12. On March 19, 2015, MR. MCCAUGHEY had his initial interview with Enrico Fontana and Chinnarao Mokkapati of ANSALDO. 13. MR. MCCAUGHEY was presented with Ansaldo STS’s “Recruitment Requisition Form” and the Honolulu Authority for Rapid Transportation (“HART”) Project Contract Construction Safety and Security Plan including the section regarding Contractor Safety and Security Personnel (“CSSP”), which included the job description, duties & accountabilities on pages 40-42 for the Construction Safety & Security Manager (“CSSM”) position of the Safety and Security Oversight Team. 14, The HART Project Contract Construction Safety and Security Plan on page 40 also clearly states: “The Safety & Security Manager shall have no other duties than occupational safety, health and security management on the contract.” 15. This clearly means that MR. MCCAUGHEY’s sole and exclusive aeresponsibility would be to oversee safety and security on the HART Project. 16, The CSSM was required to be on the jobsite everyday that there was work being done. 17. Further, on page 42 of the HART Project Contract Construction Safety and Security Plan it states that AHJV is required to hire a Contractor Safety and Security Representative (“CSSR”) for the time the CSSM is not on the job site to act in the capacity of the CSSM. 18, Further, under the Ansaldo STS Honolulu Rail Transit Project Core Systems Contract Site Safety and Security Plan, the CSSM “will have no other duties than occupational safety, health and security management under the contact.” 19. On April 3, 2015, MR. MCCAUGHEY had a telephone conversation with Ansaldo ~ STS’s human resources recruiter Chase Morack out of Pittsburgh, Pennsylvania, 20. On April 20, 2015, via Skype, MR. MCCAUGHEY had another interview with AHJV’s Alfredo Tommasone. 21. On April 29, 2015, via a telephone conversation, Ansaldo STS’s Mr. Morack offers MR. MCCAUGHEY the position of Construction Safety & Security Manager. 22. On April 30, 2015, MR. MCCAUGHEY signed his Employment Letter at the AHJV Honolulu offices. 23. _Attthis time MR. MCCAUGHEY was provided with the AHIV Site Safety & Security Plan, including pages 14-16, which contains MR. MCCAUGHEY’s job description, duties, and accountabilities and that of the CSSR. 24. On May 4, 2015, MR. MCCAUGHEY began work and was at AHJV Honolulu offices all day reviewing documents /plans and human resources related forms (phone, laptop, vehicle, ete.). 25. From May 5, 2015 to June 16, 2015, MR. MCCAUGHEY was onsite at ‘Maintenance & Storage Facility (“MSF”) in Pearl City, Hawai'i. MR. MCCAUGHEY oversaw the mobilization of field office trailers and Watts Constructors activities. 26. On May 7, 2015, HART approved MR. MCCAUGHEY’s C.V. and AHIV’s proposal to have MR. MCCAUGHEY replace Jon Wagner as AHJV Construction Safety & Security Manager. 27. OnMay 25,2015, MR. MCCAUGHEY received, via email, a GAP oaanalysis for OHSAS 18001: 2007 related to the upcoming audit of Ansaldo for 18001 / 14001 audit and certification process. 28. This clearly had nothing to do with MR. MCCAUGHEY’s job description under the HART Project Contract Construction Safety and Security Plan and was outside the realm of MR. MCCAUGHEY’s sole and exclusive duties under the HART contract. 29. On May 27,2015, MR. MCCAUGHEY received via email documents that clearly showed a disconnect between the Project Manager and the Ansaldo STS’s Italian HSE (Health Safety Environment). 30. On June 1, 2015 MR. MCCAUGHEY received an email with instructions to report his percentage of monthly hours spent on certification activities beyond the HART ~~ Project contractual requirements, — 31. MR. MCCAUGHEY was also sent the AHJV budget spreadsheet illustrating there was no intended budget for CSSR until the second half of 2017. 32. This clearly violated the HART Project Contract Construction Safety and Security Plan. 33. On June 5, 2015, MR. MCCAUGHEY receives an email which included Ansaldo-STS’s organizational chart showing MR. MCCAUGHEY as the CSSM for HART project. 34, This email also informs MR. MCCAUGHEY that he is in the "Ansaldo- STS Group Organization Chart (under HSE Italy/Coordinators)". 35. This also indicates that AHTV wanted MR. MCCAUGHEY to perform duties other than those duties under the HART Project Contract Construction Safety and Security Plan that were supposed to be his sole responsibilities as the Construction Safety & Security Manager for the HART Project. 36. On June 8, 2015, MR. MCCAUGHEY receives an email again instructing him to participate in activities related to 18001 / 14001 audit and certification duties other than his HART exclusive and sole contractual obligations to the rail project as the Construction Safety & Security Manager. 37. MR. MCCAUGHEY responded to the HART Project Manager, Enrico Fontana, that he could not accommodate this request. 38. Mr. Fontana responded that MR. MCCAUGHEY should "follow [his] esrcolleague’s requests and give them a draft. 39. On June 9, 2015, MR. MCCAUGHEY had a telephone conversation with Mr. Fontana, 40. MrMcCaughey discussed with Mr. Fontana the severe issues regarding a subcontractor (Watts Constructors). | 41. MR. MCCAUGHEY conveyed that Watts Contactors’ was having fl problems under the HART Contract with basic Activity Hazard Analysis (AHA) requests and that MR. MCCAUGHEY’s contractual obligations lie with the HART Project per the HART CSSP and AHIV’s SSSP. 42. MR. MCCAUGHEY informed Mr. Fontana that he could not ethically participate in 18001 / 14001 audit activities and could nor physically take om the HART CSSM— * requirements and the Ansaldo-STS "HSE Senior Advisor" role that included certification & audit requirements beyond the HART contract. 43. Mr. Fontana responded, "If I were you, I would make Alfredo happy, as he reviews your performance and determines your salary raises". 44, On June 10, 2015, to provide AHIV further evidence that having MR. MCCAUGHEY take on responsibilities outside his exclusive role under the HART Project Contract Construction Safety and Security Plan would be a violation of safety law MR. MCCAUGHEY provided emails illustrating the degree of "reasonable care" required to monitor just one unsophisticated subcontractor (Watts Constructors). 45. It is clear under federal Occupational Safety and Health Act (OSHA) Multi-Employer Worksite Policy law that AHJV as the “controlling employer” on the HART Project had a duty to exercise a “level of reasonable care” predicated upon the sophistication of safety awareness and practices of the subcontractors. 46. In the case of the HART Project subcontractors, such as Watts Constructors, they were so inexperienced and lacking in safety awareness that MR. MCCAUGHEY felt that if he was to be performing duties outside his role as CSSM he would be complicit in the breach of contract with HART and violating OSHA law. 47. On June 11, 2015, MR. MCCAUGHEY had a video conference with Mr. ‘Tommasone and two other representatives from Ansaldo STS regarding the ISO 14001/OHSAS 18001 audit and certification activities.48. On the same day, MR, MCCAUGHEY received an email from Ansaldo requesting more involvement with ISO 14001/OHSAS 18001 audit activities. 49. The video conference meeting minutes are inaccurate, as they do not include MR. MCCAUGHEY’s comments regarding his inability to participate in the audits preparations due to his obligations to the HART contractual requirements. 50. MR. MCCAUGHEY informed Ansaldo that they needed to hire an HSE Advisor for USA to assist with the ISO 14001/OHSAS 18001 audit activities. 51. The video conference meeting minutes also illustrate AHFV intention to delegate safety oversight to Ansaldo’s subcontractors which does not fulfill the obligation of “reasonable care" under applicable safety law or the HART Project Contract Construction Safety and Security Plan. 52, On June 12, 2015, MR. MCCAUGHEY had a telephone conference with Mr. Fontana regarding the June 11, 2015 videoconference with Mr. Tommasone. 53. MR. MCCAUGHEY informed Mr. Fontana that he had told Mr. ‘Tommasone that he could not involve himself in any duties other than HART contractual obligations. 54. MR. MCCAUGHEY also informed Mr. Fontana that Mr. Tommasone did not acknowledge MR. MCCAUGHEY’s concems. 55. Mr. Fontana responded that MR. MCCAUGHEY should ensure that Alessandro Pasquatiello does his job when he comes out in July to address the ISO 14001/OHSAS 18001 audit activities and certifications. 56. MR. MCCAUGHEY again told Mr. Fontana that was not his responsibility and in violation of the HART contract, his job description and safety law. 57. Mr. Fontana again repeated that it was in MR. MCCAUGHEY’s “best interest” to comply with AHIV’s request for him to do work outside of his exclusive role under the HART contract. 58. On June 15, 2015, MR. MCCAUGHEY sent emails illustrating AHIV's & Ansaldo STS's under-manning of the HART rail project. 59. MR. MCCAUGHEY requested information on how he could go about placing the required CSSR on the jobsite, as required by the HART Project Contract Construction Safety and Security Plan,60. The AHJV Project Manager, Mr. Fontana, deflected MR. MCCAUGHEY’s inquiries to Mr. Alfredo Tommasone in Italy. No response came for twelve (12) days. 61. On June 16,2015, MR. MCCAUGHEY received another email speaking to the reality that AHIV employees, including the CSSM, are tasked with finding qualified individuals to stand-in for them or else they cannot take paid time off. 62. On the same date, via email, MR. MCCAUGHEY makes his first formal inquiry for clarification from AHJV/Ansaldo STS regarding his accountabilities, his required CSSR under the HART Project Contract Construction Safety and Security Plan that had not been provided, safety issues that could arise under the current non-compliance with the HART Project Contract Construction Safety and Security Plan and the required safety and security oversight team. 63. Imasseparate email, MR. MCCAUGHEY provided his activities report to date, 64. Also on the same date MR. MCCAUGHEY had a face-to-face meeting with Mr, Fontana regarding MR. MCCAUGHEY’s email to Mr. Tommasone dated June 16, 2015. 65. Mr. Fontana asked MR. MCCAUGHEY, "Why are you using these documents (HART Project CSSP & AHIV SSSP) against us?" 66. MR. MCCAUGHEY responded that he merely asked for clarification regarding his duties and hiring his CSSR as required under the HART contract. 67. On June 24,2015, MR. MCCAUGHEY again wrote an email to Mr. ‘Tommasone in Italy addressing the non-response from Ansaldo in Italy and Mr. Tommasone regarding MR. MCCAUGHEY concems that AHJV was violating safety law and the HART Project Contract Construction Safety and Security Plan contract. 68. In this email, in an attempt to rectify the issues he was having with AHJV and to protect his own profession construction safety license, MR. MCCAUGHEY proposed that, he become a subcontractor overseeing safety so that he could make sure that he had the proper personnel under the HART Project Contract Construction Safety and Security Plan, that the job sites were safe and MR. MCCAUGHEY’s license was not at risk ifa safety issue arose under his supervision.69. In an email dated, June 26, 2015, Mr. Fontana asks again, after numerous verbal requests, if AHJV subcontractor's safety representative, Jane McKee, could stand in for MR. MCCAUGHEY upon his absence from the jobsite. 70. On June 27, 2015, via email, Mr. Tommasone responds to MR. MCCAUGHEY prior proposal. 71. On June 28, 2015, via email, MR. MCCAUGHEY responds to Mr. ‘Tommasone’s email offering information regarding his and AHIV’s duty of "reasonable care" under the OSHA's multi-employer jobsite citation policy. 72. MR. MCCAUGHEY again provides the HART CSSP & AHJV SSSP duties for his position. 73. On July 1, 2015, MR. MCCAUGHEY receives a response email from Mr. ‘Tommosone regarding MR. MCCAUGHEY’s June 28, 2015 email. 74. On July 7, 2015, via an email to Mr. Tommasone, MR. MCCAUGHEY again attempted to inform AHJV of their violations of safety law and the HART Project Contract, Construction Safety and Security Plan and that he could no longer tolerate this violation of the law. 78. Inhis July 7, 2015 email MR. MCCAUGHEY provides the following: “Thave time and time again attempted to resolve the clear issues that I am having regarding my employment with Ansaldo Honolulu. If I have not been clear enough, let me be clear now. Ansaldo Honolulu is clearly asking me to breach our contract with Hart by participating in activities that are not specific to the duties and responsibilities of the Ansaldo Honolulu CSSM, Additionally, Ansaldo Honolulu will also be in breach of HART's requirement to exercise Reasonable Care to prevent unsafe acts and conditions in our field activities. This could result in injuries and fatalities to AHJV personnel as well as to our subcontractor personnel, exposing us and the project to potential litigation. If there is ‘total consistency’ between a CSSM bound with contractual obligations to the HART contract and your ‘HSE Senior Advisor’, why do I have two titles and why am Tin an org chart here and an org chart in Italy? I was given at my initial interview with Enrico Fontana a 9-job description specific to the HRT Project, found in the HART CSSP. Iam bound to honor that, and so is AHJV. At this point I feel like I am being pressured out of my position as I can no longer tolerate being even remotely complicit in these unethical activities. Additionally, as a certified safety professional, I have a code of ethics to honor. Thave attempted to resolve these issues with you to rectify and become compliant with HART contract requirements specific to the duties of my position as the AHJV CSSM and to our duty to Reasonable Care specific to U.S. OSHA Multi-Employer Jobsite Citation Policy. Nothing has been done, And your inattention and lack of response to my requests for Paid Time Off has been very disappointing. Ihave offered a solution to your company, proposing a subcontracting relationship between us, If Ido not receive a response from you accepting this solution by 17 July, Iwill be forced to resign.” 76. On July 15,2015, HART issued a notice to AHIV that included issues with a "Lack of on-site personnel". 77. Onuly 17,2015, after many attempts to rectify the illegal actions of AHIV, MR. MCCAUGHEY could no longer tolerate being a complicit in the violation of the HART contract and safety law as he understood it. As such, MR. MCCAUGHEY tendered his resignation. This was a constructive discharge. COUNT I VIOLATION OF PUBLIC POLICY 78. MR. MCCAUGHEY incorporates paragraphs 1 through 77 as though fully set forth herein. 79. ANSALDO’s treatment of MR. MCCAUGHEY as described herein is actionable in tort and constitutes a violation of clear mandates of public policies, pursuant to Parnar v. Americana Hotels, 65 Haw. 370 (1982), including but not limited to the following: -10-a. _ OSHA Safety Regulations 80. The aforementioned acts and/or conduct of ANSALDO entitle MR. MCCAUGHEY to damages as provided by law. As a direct and proximate result of said unlawful employment practices MR. MCCAUGHEY has suffered extreme mental anguish, outrage, depression, great humiliation, severe anxiety about his future and his ability to support himself, as well as painful embarrassment among his relatives and friends, damage to his good reputation, disruption of his personal life, loss of enjoyment of the ordinary pleasures of everyday life and other general damages in an amount which meets the minimal jurisdictional limits of this Court. COUNT II VIOLATION OF HRS 378 PART V WHISTLEBLOWERS’ PROTECTION ACT 81. | MR. MCCAUGHEY incorporates paragraphs 1 through 80 as though fully set forth herein. 82. The treatment of MR. MCCAUGHEY, as described aforesaid, evidences retaliation against MR. MCCAUGHEY at ANSALDO for violations of the HART contract and safety violations. 83. An employer shall not discriminate against an employee based on whistle- blowing under HRS, § 378-62 which states in pertinent part as follows: § 378-62: An employer shall not discharge, threaten or otherwise discriminate against an employee. ..because: (1) The employee... reports or is about to report to the employer...verbally or in writing, a violation or suspected violation of: “ll(A) A law, rule, ordinance, or regulation, adopted pursuant to the law of this State, a political subdivision of the State or the United States; (B) A contract executed by the State, a political subdivision of the State, or the United States, 84. ANSALDO’s conduct as described above is a violation of HRS § 378-62(1)(A) and (B). 85. The aforementioned acts and/or conduct of ANSALDO entitle MR. MCCAUGHEY to damages as provided by law. As a direct and proximate result of said unlawful employment practices MR. MCCAUGHEY has suffered extreme mental anguish, outrage, depression, great humiliation, severe anxiety about his future and his ability to support himself, as well as painful embarrassment among his relatives and friends, damage to his good reputation, disruption of his personal life, loss of enjoyment of the ordinary pleasures of everyday life and other general damages in an amount which meets the minimal jurisdictional limits of this Court. COUNT IIT INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 86. | MR.MCCAUGHEY incorporates paragraphs 1 through 85 as though fully set forth herein. 88. | ANSALDO’s treatment of MR. MCCAUGHEY, as aforesaid, constitutes extreme and outrageous behavior which exceeds all bounds usually tolerated by decent society. ANSALDO’s actions and omissions were done with malice and/or with the intent to cause, and/or with the knowledge that it would cause, severe mental distress to MR. MCCAUGHEY. 89. The aforementioned acts and/or conduct of ANSALDO entitle MR. MCCAUGHEY to damages as provided by law. As a direct and proximate result of said -12-unlawful employment practices MR. MCCAUGHEY has suffered extreme mental anguish, outrage, depression, great humiliation, severe anxiety about his future and his ability to support himself, as well as painful embarrassment among his relatives and friends, damage to his good reputation, disruption of his personal life, loss of enjoyment of the ordinary pleasures of everyday life and other general damages in an amount which meets the minimal jurisdictional limits of this Court. PRAYER FOR RELIEF WHEREFORE, MR. MCCAUGHEY respectfully prays that this Court enter judgment granting the following relief on all causes of action: A. That this Court enter a declaratory judgment that Defendants have violated the rights of MR, MCCAUGHEY; B. That this Court award MR. MCCAUGHEY special damages for the ‘aforementioned Counts including but not limited to back pay, front pay, and all employee benefits that would have been enjoyed by him, in amounts which shall be shown at trial; C. That this Court award MR. MCCAUGHEY compensatory damages, proximately caused by ANSALDO's tortious and abusive conduct, including, but not limited to, general damages for infliction of mental or emotional distress, assessed againstANSALDO, all in an amount to be proven at trial; D. As ANSALDO’s treatment of MR. MCCAUGHEY, as aforesaid, constitutes extreme and outrageous behavior which exceeds all bounds usually tolerated by decent society. In committing the above acts and omissions, ANSALDO acted wantonly and/or oppressively and/or with such malice as implies a spirit of mischief or criminal indifference to civil obligations and/or there has been some willfal misconduct that demonstrates that entire -13-want of care which would raise the presumption of a conscious indifference to consequences, justifying an award of punitive or exemplary damages in an amount to be proven at trial, that this Court award MR. MCCAUGHEY exemplary or punitive damages in an amount to be proven at E. That this Court award MR. MCCAUGHEY reasonable attomey's fees and costs of suit herein as well as prejudgment and post-judgment interest; F, That this Court order appropriate injunctive relief, G. That this Court retain jurisdiction over this action until the ANSALDO has fully complied with the order of this Court and that this Court require the Defendants to file such reports as may be necessary to secure compliance; H. That this Court award MR. MCCAUGHEY such other and further relief both legal and equitable as this Court deems just, necessary and proper under the circumstances. DATED: Honolulu, Hawaii, JOHN MCCAUGHEY -14-IN THE CIRCUIT COURT OF THE FIRST CIRCUIT STATE OF HAWAIL JOHN MCCAUGHEY, ) CIVIL NO. ) (Other Civil Action) Plaintiff, ) ) DEMAND FOR JURY TRIAL vs. ANSALDO HONOLULU JV, a general domestic partnership; ANSALDO-STS USA, INC, a foreign profit corporation; JOHN DOES 1-10; JANE DOES 1-10; DOE CORPORATIONS 1-10; DOE PARTNERSHIPS 1-10; DOE UNINCORPORATED ORGANIZATIONS 1-10; and DOE GOVERNMENTAL AGENCIES 1-10, Defendants. DEMAND FOR JURY TRIAL Plaintiff hereby demands trial by jury on all issues so triable herein. DATED: — Honolut, Hawai, etre l 205 LAURA GABRIELIN THE CIRCUIT COURT OF THE FIRST CIRCUIT STATE OF HAWAII ) CIVIL NO. ) (ther Civil Action) ) ) SUMMONS: JOHN MCCAUGHEY, Plaintiff, vs. ANSALDO HONOLULU JV, a general domestic partnership; ANSALDO-STS USA, INC, a foreign profit corporation; JOHN DOES 1-10; JANE DOES 1-10; DOE CORPORATIONS 1-10; DOE PARTNERSHIPS 1-10; DOE UNINCORPORATED ORGANIZATIONS 1-10; and DOE GOVERNMENTAL, AGENCIES 1-10, Defendants. SUMMONS STATE OF HAWAII: To the above-named Defendant: ‘You are hereby summoned and required to file with the Court and serve FUJIWARA AND ROSENBAUM, whose address is 1100 Alakea St., 20" FL, Ste B, Honolulu, ‘Hawaii 96813, an answer to the Complaint herewith served upon you, within twenty (20) days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the Complaint.This summons shall not be personally delivered between 10:00 p.m. and 6:00 a.m. on premises not open to the general public, unless a judge of the above-entitled court permits, in writing on this summons, personal delivery during those hours. A failure to obey this summons may result in an entry of default and default Judgment against the disobeying person or party. oct 01 2015 DATED: Honolulu, Hawaii, in accordance with the Americans with Disabilities Act, and other applicable state i federal laws, if you require a reasonable accommodation for a disability, please ontact the ADA Coordinator at the First Circuit Court Administration Office at PHONE NO. 539-4399, OR TTY 539-4853, at least ten (10) working days prior to your hearing or appointment date.