Cowan v. Roaring Lion, LLC

• Court: Hawaii Intermediate Court of Appeals
• Decided: January 24, 2023
• Docket: CAAP-17-0000714
• Status: Published

Opinion

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 24-JAN-2023 08:03 AM Dkt. 304 OAWST

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

DAVID COWAN and NATHALIE COWAN; UMANG P. GUPTA and RUTH M. GUPTA, as Trustees of the Umang and Ruth Gupta Trust under Trust Agreement dated January 18, 2000; and PAUOA BEACH 8 LLC, a Hawaii Limited Liability Company, Plaintiffs-Appellants,

and

ROARING LION, LLC, a Montana Limited Liability Company; ROGER A. GREENWALD and JENNIFER A. HURWITZ, Plaintiffs-Appellees,

vs.

PAUOA BAY PROPERTIES LLC, a Delaware Limited Liability Company; WHITE SAND BEACH LIMITED PARTNERSHIP, a Delaware Limited Partnership; EXCLUSIVE RESORTS PBL1, LLC, a Delaware Limited Liability Company; PAUOA BEACH REALTY LLC, a Hawaii Limited Liability Company; EXCLUSIVE RESORTS PBL3, LLC, a Delaware Limited Liability Company; JOHN DOES 1-50, Defendants-Appellees

APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT (CIVIL NO. 04-1-0332)

ORDER APPROVING THE JANUARY 19, 2023 STIPULATION TO DISMISS WITH PREJUDICE PLAINTIFFS-APPELLANTS/CROSS-APPELLEES UMANG P. GUPTA AND RUTH M. GUPTA, AS TRUSTEES OF THE UMANG AND RUTH GUPTA TRUST UNDER TRUST AGREEMENT DATED JANUARY 18, 2000 (By: Leonard, Presiding Judge, Wadsworth and McCullen, JJ.) Upon consideration of the Stipulation to Dismiss With

Prejudice Plaintiffs-Appellants/Cross-Appellees Umang P. Gupta

and Ruth M. Gupta, as Trustees of the Umang and Ruth Gupta Trust

Under Trust Agreement dated January 18, 2000 (collectively

"Guptas"), filed on January 19, 2023 (Stipulation), and the

records and files herein,

IT IS HEREBY ORDERED that the Stipulation is approved,

and the appeal is dismissed as to all claims asserted by the

Guptas against Defendant-Appellee/Cross-Appellant Exclusive

Resorts PBL1, LLC and Defendant-Appellee Exclusive Resorts PBL3,

LLC (collectively "ER") and all claims asserted by ER against the

Guptas, with said parties to bear their own attorneys' fees and

costs.

All other claims between the parties in this action are

not affected by the Stipulation.

DATED: Honolulu, Hawai#i, January 24, 2023.

/s/ Katherine G. Leonard Presiding Judge

/s/ Clyde J. Wadsworth Associate Judge

/s/ Sonja M.P. McCullen Associate Judge