CourtListener 10116612•Gerald v. Employment Security Appeals Referees' Office
Gerald v. Employment Security Appeals Referees' Office
CourtListener 10116612Hawapp13 sept. 2024
Texte intégral
Electronically Filed
Supreme Court
SCAP-XX-XXXXXXX
13-SEP-2024
12:48 PM
Dkt. 56 ORD
SCAP-XX-XXXXXXX
(Consolidated with SCAP-XX-XXXXXXX and SCAP-XX-XXXXXXX)
IN THE SUPREME COURT OF THE STATE OF HAWAII
SCAP-XX-XXXXXXX
(CAAP-XX-XXXXXXX; CASE NO. 5CCV-XX-XXXXXXX)
BRYAN GERALD,
Appellant-Appellant,
vs.
EMPLOYMENT SECURITY APPEALS REFEREES’ OFFICE;
UNEMPLOYMENT INSURANCE DIVISION; and HEALTH GO MARKET, INC.,
Appellees-Appellees.
-----------------------------------------
SCAP-XX-XXXXXXX
(CAAP-XX-XXXXXXX; CASE NO. 2CCV-XX-XXXXXXX)
ADAM GRAY,
Appellant-Appellee,
vs.
UNEMPLOYMENT INSURANCE DIVISION,
Appellee-Appellant.
--------------------------------------------
SCAP-XX-XXXXXXX
(CAAP-XX-XXXXXXX; CASE NO. 2CCV-XX-XXXXXXX)
ADAM GRAY,
Appellant-Appellant,
vs.
UNEMPLOYMENT INSURANCE DIVISION,
Appellee-Appellee.
APPEALS FROM THE CIRCUIT COURT OF THE FIFTH CIRCUIT
AND CIRCUIT COURT OF THE SECOND CIRCUIT
ORDER OF DISMISSAL
(By: Recktenwald, C.J., McKenna, Eddins, Ginoza, and Devens, JJ.)
Upon consideration of the Stipulation Requesting
Clarification and For Dismissal of SCAP-XX-XXXXXXX, SCAP-22-
0000571, and SCAP-XX-XXXXXXX (Stipulation for Dismissal), filed
on September 4, 2024, on behalf of the Director of Labor and
Industrial Relations (DLIR), Bryan Gerald (Gerald), and Adam
Gray (Gray), and the record:
1. The parties stipulate to dismiss SCAP-XX-XXXXXXX,
SCAP-XX-XXXXXXX, and SCAP-XX-XXXXXXX;
2. In a prior stipulation to dismiss, filed on July
25, 2024, the parties stipulated to vacate certain orders by the
circuit courts in SCAP-XX-XXXXXXX and SCAP-XX-XXXXXXX, and to
remand all three cases to the Employment Security Appeals
Referees’ Office (ESARO);
3. In an order filed on July 31, 2024, we temporarily
remanded SCAP-XX-XXXXXXX (Case No. 2CCV21-0000397) to the Second
Circuit Court, and temporarily remanded SCAP-XX-XXXXXXX (Case
No. 5CCV-XX-XXXXXXX) to the Fifth Circuit Court, so that the
parties could request that relevant orders and/or judgments by
the respective circuit court be vacated;
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4. On August 6, 2024, during temporary remand from
this court, the Second Circuit Court issued an order that
vacated its prior order and final judgment, and ordered remand
to the ESARO in Case No. 2CCV-XX-XXXXXXX, related to SCAP-23-
0000330;
5. On August 7, 2024, during temporary remand from
this court, the Fifth Circuit Court issued an order that vacated
its prior order and final judgment, and ordered remand to the
ESARO in Case No. 5CCV-XX-XXXXXXX, related to SCAP-XX-XXXXXXX;
and
6. Previously, the Second Circuit Court issued an
order on August 12, 2022, and a final judgment on August 31,
2022, in Case No. 2CCV-XX-XXXXXXX related to SCAP-XX-XXXXXXX,
which remanded that case to the ESARO.
Therefore, IT IS HEREBY ORDERED that:
A. Given the stipulation filed on September 4, 2024,
the temporary remand period has concluded and jurisdiction is
now in this court;
B. The appeals in SCAP-XX-XXXXXXX, SCAP-XX-XXXXXXX,
and SCAP-XX-XXXXXXX are dismissed, with each party to bear their
own costs and fees incurred in these appeals;
C. Each of the three cases are remanded to the
ESARO; and
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D. The appellate clerk shall serve a copy of this
order on the Second Circuit Court clerk and the Fifth Circuit
Court clerk.
DATED: Honolulu, Hawaii, September 13, 2024.
/s/ Mark E. Recktenwald
/s/ Sabrina S. McKenna
/s/ Todd W. Eddins
/s/ Lisa M. Ginoza
/s/ Vladimir P. Devens
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