Fukuyama v. Jeremiah

NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
09-JUN-2026
08:04 AM
Dkt. 16 ODSD

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I

KEN FUKUYAMA, Plaintiff/Counterclaim Defendant-Appellee,
v.
ARTHUR JEREMIAH, Defendant/Counterclaimant-Appellant.

APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT
‘EWA DIVISION
(CASE NO. 1DRC-XX-XXXXXXX)

ORDER DISMISSING APPEAL
(By: Wadsworth, Presiding Judge, Guidry and Gluck, JJ.)

Upon review of the record, it appears that:
(1) The statement of jurisdiction and opening brief
were due on or before January 15, 2026, and February 17, 2026,
respectively;
(2) Self-represented Defendant/Counterclaimant-
Appellant Arthur Jeremiah (Jeremiah) failed to file either
document or request an extension of time;
(3) On February 23, 2026, the appellate clerk entered
a default notice informing Jeremiah 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 March 5,
2026, for appropriate action, which could include dismissal of
NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

the appeal, under Hawai‘i Rules of Appellate Procedure (HRAP)
Rules 12.1(e) and 30, and Jeremiah could request relief from
default by motion;
(4) The appellate clerk mailed the notice of entering
case on calendar and the default notice to Jeremiah at his
address on record. The United States Postal Service did not
return the notice of entering case on calendar but returned the
default notice as not deliverable and unable to forward; and
(5) Jeremiah has not filed a notice of change of
address, consistent with HRAP Rule 25(f), or taken any further
action in this appeal since filing the notice of appeal.
Therefore, IT IS HEREBY ORDERED that the appeal is
dismissed.
IT IS FURTHER ORDERED that all pending motions are
dismissed.
DATED: Honolulu, Hawaiʻi, June 9, 2026.
/s/ Clyde J. Wadsworth
Presiding Judge

/s/ Kimberly T. Guidry
Associate Judge

/s/ Daniel M. Gluck
Associate Judge

2

NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
09-JUN-2026
08:04 AM
Dkt. 16 ODSD

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I

KEN FUKUYAMA, Plaintiff/Counterclaim Defendant-Appellee,
v.
ARTHUR JEREMIAH, Defendant/Counterclaimant-Appellant.

APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT
‘EWA DIVISION
(CASE NO. 1DRC-XX-XXXXXXX)

ORDER DISMISSING APPEAL
(By: Wadsworth, Presiding Judge, Guidry and Gluck, JJ.)

Upon review of the record, it appears that:
(1) The statement of jurisdiction and opening brief
were due on or before January 15, 2026, and February 17, 2026,
respectively;
(2) Self-represented Defendant/Counterclaimant-
Appellant Arthur Jeremiah (Jeremiah) failed to file either
document or request an extension of time;
(3) On February 23, 2026, the appellate clerk entered
a default notice informing Jeremiah 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 March 5,
2026, for appropriate action, which could include dismissal of
NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

the appeal, under Hawai‘i Rules of Appellate Procedure (HRAP)
Rules 12.1(e) and 30, and Jeremiah could request relief from
default by motion;
(4) The appellate clerk mailed the notice of entering
case on calendar and the default notice to Jeremiah at his
address on record. The United States Postal Service did not
return the notice of entering case on calendar but returned the
default notice as not deliverable and unable to forward; and
(5) Jeremiah has not filed a notice of change of
address, consistent with HRAP Rule 25(f), or taken any further
action in this appeal since filing the notice of appeal.
Therefore, IT IS HEREBY ORDERED that the appeal is
dismissed.
IT IS FURTHER ORDERED that all pending motions are
dismissed.
DATED: Honolulu, Hawaiʻi, June 9, 2026.
/s/ Clyde J. Wadsworth
Presiding Judge

/s/ Kimberly T. Guidry
Associate Judge

/s/ Daniel M. Gluck
Associate Judge

2