U.S. National Association v. Au

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
23-JUL-2025
08:46 AM
Dkt. 19 ODSD

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

U.S. NATIONAL ASSOCIATION AS TRUSTEE UNDER
POOLING AND SERVICING AGREEMENT DATED AS OF
DECEMBER 1, 2006 MASTR ASSET BACK SECURITIES
TRUST 2006-HE5 MORTGAGE PASS-THROUGH CERTIFICATES,
SERIES 2006-HE5, Plaintiff-Appellee, v.
BENJAMIN JAMES AU, Defendant-Appellant,
AND
KEVIN MILLARD AU; WELLS FARGO, BANK N.A.;
DISCOVER BANK; CHILD SUPPORT ENFORCEMENT AGENCY,
STATE OF HAWAII; BENJAMIN JAMES AU, THE TRUSTEE
OF THE KANEAKUA TRUST DATED JANUARY 9TH, 2014, AN
IRREVOCABLE TRUST REGISTERED IN THE FIRST ESTATE
OF KAMEHAMEHA EKAHI, RECORDED AS CERTIFICATE OF
TRUST DOCUMENT NO. A-50721086 IN THE BUREAU OF
CONVEYANCES, CARE OF: TRUSTEE(S) OF THE KANEAKUA TRUST,
BENJAMIN JAMES AU; FIA CARD SERVICES, N.A.;
INTERNATIONAL MONETARY FUND, Defendants-Appellees,
AND
DOE DEFENDANTS 1-50, Defendants
APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CIVIL NO. 1CC151002108)

ORDER DISMISSING APPEAL
(By: Nakasone, Chief Judge, and Wadsworth and McCullen, JJ.)

Upon review of the record, it appears that:
(1) The statement of jurisdiction and opening brief
were due on or before May 27, 2025, and June 23, 2025,
respectively;
(2) Self-represented Defendant-Appellant Benjamin James
Au (Au) failed to file either document, or request an extension
of time;
NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER

(3) On June 26, 2025, the appellate clerk entered a
default notice informing Au that the time for filing the
statement of jurisdiction and opening brief had expired, the
matter would be called to the court's attention on July 7, 2025,
for appropriate action, which could include dismissal of the
appeal, under Hawai#i Rules of Appellate Procedure Rules 12.1(e)
and 30, and Au could request relief from default by motion; and
(4) Au has not taken any further action in this appeal.
Therefore, IT IS HEREBY ORDERED that the appeal is
dismissed.

DATED: Honolulu, Hawai#i, July 23, 2025.

/s/ Karen T. Nakasone
Chief Judge

/s/ Clyde J. Wadsworth
Associate Judge

/s/ Sonja M.P. McCullen
Associate Judge

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