A tentative date of May 10 or 11 has been set to hear a motion seeking an injunction to stop the implementation of the state Reapportionment Commission’s final reapportionment and redistricting plan.

The case is to be heard by a three-judge panel of the 9th U.S. Circuit Court of Appeals. The hearing date is subject to the availability of the two other judges — to be appointed by the chief judge of the 9th Circuit — who will hear the case with U.S. District Judge J. Michael Seabright of Ho-nolulu.

State Rep. K. Mark Takai and five registered voters sued to stop the plan as unconstitutional because it is based on a population count that excludes about 108,000 so-called "nonpermanent" residents — military members, their dependents and out-of-state students. Their exclusion violates the Constitution’s equal protection clause, the lawsuit says.