Gerald v. Employment Security Appeals Referees' Office

• Court: Hawaii Intermediate Court of Appeals
• Decided: September 13, 2024
• Docket: SCAP-22-0000482
• Status: Published

Opinion

Electronically Filed Supreme Court SCAP-XX-XXXXXXX 13-SEP-2024 12:48 PM Dkt. 56 ORD SCAP-XX-XXXXXXX (Consolidated with SCAP-XX-XXXXXXX and SCAP-XX-XXXXXXX)

IN THE SUPREME COURT OF THE STATE OF HAWAII

SCAP-XX-XXXXXXX (CAAP-XX-XXXXXXX; CASE NO. 5CCV-XX-XXXXXXX)

BRYAN GERALD, Appellant-Appellant, vs. EMPLOYMENT SECURITY APPEALS REFEREES’ OFFICE; UNEMPLOYMENT INSURANCE DIVISION; and HEALTH GO MARKET, INC., Appellees-Appellees.

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SCAP-XX-XXXXXXX (CAAP-XX-XXXXXXX; CASE NO. 2CCV-XX-XXXXXXX)

ADAM GRAY, Appellant-Appellee, vs. UNEMPLOYMENT INSURANCE DIVISION, Appellee-Appellant.

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ADAM GRAY, Appellant-Appellant, vs. UNEMPLOYMENT INSURANCE DIVISION, Appellee-Appellee. APPEALS FROM THE CIRCUIT COURT OF THE FIFTH CIRCUIT AND CIRCUIT COURT OF THE SECOND CIRCUIT

ORDER OF DISMISSAL (By: Recktenwald, C.J., McKenna, Eddins, Ginoza, and Devens, JJ.)

Upon consideration of the Stipulation Requesting

Clarification and For Dismissal of SCAP-XX-XXXXXXX, SCAP-22-

0000571, and SCAP-XX-XXXXXXX (Stipulation for Dismissal), filed

on September 4, 2024, on behalf of the Director of Labor and

Industrial Relations (DLIR), Bryan Gerald (Gerald), and Adam

Gray (Gray), and the record:

1. The parties stipulate to dismiss SCAP-XX-XXXXXXX,

SCAP-XX-XXXXXXX, and SCAP-XX-XXXXXXX;

2. In a prior stipulation to dismiss, filed on July

25, 2024, the parties stipulated to vacate certain orders by the

circuit courts in SCAP-XX-XXXXXXX and SCAP-XX-XXXXXXX, and to

remand all three cases to the Employment Security Appeals

Referees’ Office (ESARO);

3. In an order filed on July 31, 2024, we temporarily

remanded SCAP-XX-XXXXXXX (Case No. 2CCV21-0000397) to the Second

Circuit Court, and temporarily remanded SCAP-XX-XXXXXXX (Case

No. 5CCV-XX-XXXXXXX) to the Fifth Circuit Court, so that the

parties could request that relevant orders and/or judgments by

the respective circuit court be vacated;

2 4. On August 6, 2024, during temporary remand from

this court, the Second Circuit Court issued an order that

vacated its prior order and final judgment, and ordered remand

to the ESARO in Case No. 2CCV-XX-XXXXXXX, related to SCAP-23-

0000330;

5. On August 7, 2024, during temporary remand from

this court, the Fifth Circuit Court issued an order that vacated

its prior order and final judgment, and ordered remand to the

ESARO in Case No. 5CCV-XX-XXXXXXX, related to SCAP-XX-XXXXXXX;

and

6. Previously, the Second Circuit Court issued an

order on August 12, 2022, and a final judgment on August 31,

2022, in Case No. 2CCV-XX-XXXXXXX related to SCAP-XX-XXXXXXX,

which remanded that case to the ESARO.

Therefore, IT IS HEREBY ORDERED that:

A. Given the stipulation filed on September 4, 2024,

the temporary remand period has concluded and jurisdiction is

now in this court;

B. The appeals in SCAP-XX-XXXXXXX, SCAP-XX-XXXXXXX,

and SCAP-XX-XXXXXXX are dismissed, with each party to bear their

own costs and fees incurred in these appeals;

C. Each of the three cases are remanded to the

ESARO; and

3 D. The appellate clerk shall serve a copy of this

order on the Second Circuit Court clerk and the Fifth Circuit

Court clerk.

DATED: Honolulu, Hawaii, September 13, 2024.

/s/ Mark E. Recktenwald

/s/ Sabrina S. McKenna

/s/ Todd W. Eddins

/s/ Lisa M. Ginoza

/s/ Vladimir P. Devens