Deutsche Bank National Trust Company v. McKiernan

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
12-DEC-2025
08:04 AM
Dkt. 35 OAWST

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

DEUTSCHE BANK NATIONAL TRUST COMPANY, AS INDENTURE TRUSTEE FOR
NEW CENTURY ALTERNATIVE MORTGAGE LOAN TRUST 2006-ALT1,
Plaintiff-Appellee
v.
PAUL ADAM MCKIERNAN, INDIVIDUALLY, AND AS TRUSTEE OF THE PAUL
MCKIERNAN AND JOSEFINA MARQUEZ TRUST, AN IRREVOCABLE TRUST
JOSEFINA BAXA MARQUEZ, INDIVIDUALLY, AND AS TRUSTEE OF THE
PAUL MCKIERNAN AND JOSEFINA MARQUEZ TRUST, AN IRREVOCABLE TRUST,
Defendants-Appellants,
and
DEUTSCHE BANK NATIONAL TRUST COMPANY, AS INDENTURE TRUSTEE
FOR NEW CENTURY ALTERNATIVE MORTGAGE LOAN TRUST 2006-ALT1,
Defendant-Appellee,
and
JOHN DOES 1-20; JANE DOES 1-20; DOE CORPORATIONS 1-20;
DOE ENTITIES 1-20; AND DOE GOVERNMENTAL UNITS 1-20,
Defendants.

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CIVIL NO. 1CCV-XX-XXXXXXX)

ORDER APPROVING STIPULATION TO DISMISS APPEAL
(By: Nakasone, Chief Judge, and Wadsworth and McCullen, JJ.)

Upon consideration of the December 5, 2025 "Stipulation
and Order for Dismissal of Appeal" filed by Defendants-Appellants
Paul Adam McKiernan, Individually, and as Trustee of the Paul
McKiernan and Josefina Marquez Trust, an Irrevocable Trust, and
Josefina Baxa Marquez, Individually, and as Trustee of the Paul
McKiernan and Josefina Marquez Trust, an Irrevocable Trust, and
Plaintiff-Appellee Deutsche Bank National Trust Company, as
Indenture Trustee for the New Century Alternative Mortgage Loan
NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER

Trust 2006-ALT1 (Stipulation), the papers in support, and the
record, it appears that (1) the appeal has been docketed, (2) the
parties stipulate under Hawai#i Rules of Appellate Procedure Rule
42(b) to dismiss this appeal with prejudice and each party shall
bear their own attorneys' fees and costs, and (3) the Stipulation
is signed by counsel for all parties.
Therefore, IT IS HEREBY ORDERED that the Stipulation is
approved and the appeal is dismissed with prejudice. Each party
shall bear their own attorneys' fees and costs.

DATED: Honolulu, Hawai#i, December 12, 2025.

/s/ Karen T. Nakasone
Chief Judge

/s/ Clyde J. Wadsworth
Associate Judge

/s/ Sonja M.P. McCullen
Associate Judge

2