Deutsche Bank National Trust Company v. McKiernan

• Court: Hawaii Intermediate Court of Appeals
• Decided: December 12, 2025
• Docket: CAAP-25-0000377
• Status: Published

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER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Deutsche Bank National Trust Company, as Indenture Trustee for the New Century Alternative Mortgage Loan NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER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