Gray v. Unemployment Insurance Division

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
05-DEC-2024
08:13 AM
Dkt. 52 OAWST

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

ADAM GRAY, Appellant-Appellant,
v.
UNEMPLOYMENT INSURANCE DIVISION, Appellee-Appellee

APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT
(CASE NO. 2CCV-XX-XXXXXXX)

ORDER
(By: Leonard, Acting Chief Judge, Hiraoka and McCullen, JJ.)

Upon review of the "Stipulation to Dismiss and Remand
this Case to Second Circuit Court" filed by Appellee-Appellee
Director of Labor and Industrial Relations on November 19, 2024,
the papers in support, and the record, it appears that:
1. The appeal has been docketed;
2. The Director and Appellant-Appellant Adam Gray
seek to dismiss this appeal in light of Dean v. Department of
Education, 154 Hawai#i 298, 550 P.3d 1156 (2024), which the
parties state may or may not be applicable to this case;
3. The Stipulation also states, among other things,
that the Director and Gray "stipulate to request the Second
Circuit Court to remand the case to ESARO [the Employment
Security Appeals Referees' Office] for a supplemental hearing on
the merits and decision on the merits, which shall not include
timeliness";
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

4. Hawai#i Rules of Civil Procedure Rule 60(b)(6)
provides an appropriate vehicle to accomplish the parties' stated
goal after this appeal is dismissed;
5. The parties stipulate to bear their own attorneys'
fees and costs under Hawai#i Rules of Appellate Procedure Rule
42(b); and
6. The Stipulation is dated and signed by counsel for
all parties appearing in the appeal.
Therefore, IT IS HEREBY ORDERED that the Stipulation is
approved, and this appeal is dismissed. The parties shall bear
their own attorneys' fees and costs.
DATED: Honolulu, Hawai#i, December 5, 2024.

/s/ Katherine G. Leonard
Acting Chief Judge

/s/ Keith K. Hiraoka
Associate Judge

/s/ Sonja M.P. McCullen
Associate Judge

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