U. S. Magistrate Judge Kevin Chang said some progress was made, but no settlement reached in connection with the removal of the artifacts through the process.

U. S. District Judge David Ezra said the lack of a resolution leaves him no choice but to move forward with the case under federal law. He now intends to carry out his earlier order to retrieve the artifacts from an area known as Forbes Cave and transfer them to Bishop Museum.

Edward Halealoha Ayau, executive director of Hui Malama I Na Kupuna O Hawai'i Nei, continues to be held in contempt of court, but the judge said he saw no need to send him back to jail. Ezra jailed Ayau in December, after finding him in civil contempt of court for refusing to disclose the exact location of the objects. Ayau said disclosing that information would violate his religious and cultural beliefs.

Ayau spend three weeks in jail before Ezra released him in January, in large part, so Ayau could participate in the closed-door mediation process. involving Hui Malama and other Hawaiian groups.

The Bishop Museum and Hui Malama were sued last year by two other Native Hawaiian organizations seeking the return of the cultural objects, which were transferred by the museum to Hui Malama in late 2000. Rather than returning them, as has been requested by the museum, Hui Malama officials said they have been buried in caves on the Big Island from where they were taken in 1905 by Western explorers.

Na Lei Alii Kawananakoa and the Royal Hawaiian Academy of Traditional Arts want the items returned, arguing they they and other groups have not had an opportunity to weigh in on what should happen to the items.