Kobayashi v. City and County of Honolulu

NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
26-JAN-2023
07:53 AM
Dkt. 307 OAWST

NOS. CAAP-XX-XXXXXXX AND CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I

YOSHIKO KOBAYASHI, 1 Plaintiff-Appellant/Cross-Appellee, v.
CITY AND COUNTY OF HONOLULU, Defendant/Cross-Claim
Defendant/Cross-Claim Plaintiff-Appellee/Cross-Appellee, and
STATE OF HAWAI‘I, Defendant/Cross-Claim Plaintiff/
Cross-Claim Defendant-Appellee/Cross-Appellant, and
JOHN DOES 1-10; JANE DOES 1-10; DOE CORPORATIONS 1-10;
DOE PARTNERSHIPS 1-10, AND
DOE GOVERNMENTAL ENTITIES 1-10, Defendants.

CITY AND COUNTY OF HONOLULU, a Municipal Corporation organized
and existing under the laws of the State of Hawai‘i,
Third-Party Plaintiff/Counterclaim Defendant-
Appellee/Cross-Appellee, v.
STATE OF HAWAI‘I, Third-Party Defendant/Counterclaim
Plaintiff/Cross-Claim Defendant-Appellee/Cross-Appellant,
and FINISH LINE PROPERTIES, LLC., Third-Party Defendant/
Cross-Claim Plaintiff/Counterclaim Plaintiff-Appellee/
Cross-Appellee, and DOE DEFENDANTS 1-100,
Third-Party Defendants.

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CIVIL NO. 14-1-0921)

1 Pursuant to this court's Order entered on January 10, 2023, Yoshiko
Kobayashi (Kobayashi) as the duly appointed Personal Representative of
Shizuko Matsuda's estate in Probate No. 1-CLP-XX-XXXXXXX, was substituted as
plaintiff in this case.
NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

ORDER APPROVING STIPULATION TO DISMISS APPEAL
(By: Ginoza, Chief Judge, McCullen, J.,
and Circuit Court Judge Kubota)
Upon consideration of Plaintiff-Appellant/Cross-

Appellee Yoshiko Kobayashi's and Defendant/Cross-Claim

Plaintiff/Cross-Claim Defendant-Appellee/Cross-Appellant State

of Hawaii's (State) January 11, 2023 "Stipulation to Dismiss

Appeal" (Stipulation to Dismiss), the papers in support, and the

record and files herein, it appears that:

(1) On January 11, 2023, Kobayashi's counsel

(Counsel) and the State filed the Stipulation to

Dismiss pursuant to Hawai‘i Rules of Appellate

Procedure (HRAP) Rule 42(b);

a. The Stipulation to Dismiss states

Kobayashi and the State "are the only

remaining parties to the appeal and

cross-appeal";

b. "The parties stipulate that each party

will bear their own fees and costs"; and

c. The Stipulation to Dismiss is dated and

signed by Counsel and the State's

counsel.

(2) This appeal was docketed on September 27, 2018.

(3) No payment is due.

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NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

The Stipulation to Dismiss complies with HRAP

Rule 42(b) (providing in part that if "parties to a docketed

appeal or other proceeding sign and file a stipulation for

dismissal, specifying the terms as to payment of costs and" pay

the fees that are due, "the case shall be dismissed upon

approval by the appellate court").

Therefore, IT IS HEREBY ORDERED that the Stipulation

to Dismiss is granted.

DATED: Honolulu, Hawai‘i, January 26, 2023.

/s/ Lisa M. Ginoza
Chief Judge

/s/ Sonja M.P. McCullen
Associate Judge

/s/ Peter K. Kubota
Circuit Court Judge

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