Deutsche Bank National Trust Company v. Niko

Hawaii Intermediate Court of Appeals

Deutsche Bank National Trust Company v. Niko

CourtHawaii Intermediate Court of Appeals

DecidedMarch 31, 2021

DocketCAAP-18-0000442

StatusPublished

This text of Deutsche Bank National Trust Company v. Niko (Deutsche Bank National Trust Company v. Niko) is published on Counsel Stack Legal Research, covering Hawaii Intermediate Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Deutsche Bank National Trust Company v. Niko, (hawapp 2021).

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Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 31-MAR-2021 07:53 AM Dkt. 200 OAWST

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF THE INDYMAC INDX MORTGAGE LOAN TRUST 2006-AR35, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-AR35 UNDER THE POOLING AND SERVICING AGREEMENT DATED NOVEMBER 1, 2006, Plaintiff-Appellant, v. EKEPATI TAUA NIKO ALSO KNOWN AS EKEPATI T. NIKO; SHARLENE MILILANI NIKO ALSO KNOWN AS SHARLENE M. NIKO ALSO KNOWN AS SHARLENE NIKO; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., SOLELY AS NOMINEE FOR INDYMAC BANK, FSB; STATE OF HAWAI#I - DEPARTMENT OF TAXATION; UNITED STATES OF AMERICA; KE AINA KAI COMMUNITY ASSOCIATION, INC.; OCEAN POINTE RESIDENTIAL COMMUNITY ASSOCIATION, INC., Defendants-Appellees, and DAMON MASATOSHI SENAHA, Intervenor-Appellee, and JOHN DOES 1-50; JANE DOES 1-50; DOE PARTNERSHIPS 1-50; DOE CORPORATIONS 1-50; DOE ENTITIES 1-50; AND DOE GOVERNMENTAL UNITS 1-50, Defendants

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 13-1-0386)

ORDER APPROVING THE MARCH 19, 2021 STIPULATION FOR DISMISSAL OF APPEAL (By: Ginoza, Chief Judge, Leonard and Hiraoka, JJ.)

Upon consideration of the Stipulation for Dismissal of Appeal, filed March 19, 2021, and executed by counsel for Deutsche Bank National Trust Company, as Trustee of the Indymac Indx Mortgage Loan Trust 2006-AR35, Mortgage Pass-Through Certificates, Series 2006-AR35 Under the Pooling and Servicing Agreement Dated November 1, 2006, Damon Masatoshi Senaha, Ke Aina NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Kai Community Association, Inc., and the Department of Taxation, State of Hawai#i, the papers in support, and the record, it appears that: (1) the appeal has been docketed; (2) pursuant to Hawai#i Rules of Appellate Procedure Rule 42(b), the parties stipulate to dismiss the appeal and bear their own attorneys' fees and costs; and (3) the stipulation is dated and signed by counsel for all parties appearing in the appeal. Therefore, IT IS HEREBY ORDERED that the stipulation to dismiss the appeal is approved, and the appeal is dismissed. The parties shall bear their own attorneys' fees and costs. DATED: Honolulu, Hawai#i, March 31, 2021.

/s/ Lisa M. Ginoza Chief Judge

/s/ Katherine G. Leonard Associate Judge

/s/ Keith K. Hiraoka Associate Judge

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NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 31-MAR-2021 07:53 AM Dkt. 200 OAWST

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF THE INDYMAC INDX MORTGAGE LOAN TRUST 2006-AR35, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-AR35 UNDER THE POOLING AND SERVICING AGREEMENT DATED NOVEMBER 1, 2006, Plaintiff-Appellant, v. EKEPATI TAUA NIKO ALSO KNOWN AS EKEPATI T. NIKO; SHARLENE MILILANI NIKO ALSO KNOWN AS SHARLENE M. NIKO ALSO KNOWN AS SHARLENE NIKO; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., SOLELY AS NOMINEE FOR INDYMAC BANK, FSB; STATE OF HAWAI#I - DEPARTMENT OF TAXATION; UNITED STATES OF AMERICA; KE AINA KAI COMMUNITY ASSOCIATION, INC.; OCEAN POINTE RESIDENTIAL COMMUNITY ASSOCIATION, INC., Defendants-Appellees, and DAMON MASATOSHI SENAHA, Intervenor-Appellee, and JOHN DOES 1-50; JANE DOES 1-50; DOE PARTNERSHIPS 1-50; DOE CORPORATIONS 1-50; DOE ENTITIES 1-50; AND DOE GOVERNMENTAL UNITS 1-50, Defendants

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 13-1-0386)

ORDER APPROVING THE MARCH 19, 2021 STIPULATION FOR DISMISSAL OF APPEAL (By: Ginoza, Chief Judge, Leonard and Hiraoka, JJ.)

Upon consideration of the Stipulation for Dismissal of Appeal, filed March 19, 2021, and executed by counsel for Deutsche Bank National Trust Company, as Trustee of the Indymac Indx Mortgage Loan Trust 2006-AR35, Mortgage Pass-Through Certificates, Series 2006-AR35 Under the Pooling and Servicing Agreement Dated November 1, 2006, Damon Masatoshi Senaha, Ke Aina NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Kai Community Association, Inc., and the Department of Taxation, State of Hawai#i, the papers in support, and the record, it appears that: (1) the appeal has been docketed; (2) pursuant to Hawai#i Rules of Appellate Procedure Rule 42(b), the parties stipulate to dismiss the appeal and bear their own attorneys' fees and costs; and (3) the stipulation is dated and signed by counsel for all parties appearing in the appeal. Therefore, IT IS HEREBY ORDERED that the stipulation to dismiss the appeal is approved, and the appeal is dismissed. The parties shall bear their own attorneys' fees and costs. DATED: Honolulu, Hawai#i, March 31, 2021.

/s/ Lisa M. Ginoza Chief Judge

/s/ Katherine G. Leonard Associate Judge

/s/ Keith K. Hiraoka Associate Judge

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Deutsche Bank National Trust Company v. Niko, Counsel Stack Legal Research, https://law.counselstack.com/opinion/deutsche-bank-national-trust-company-v-niko-hawapp-2021.