Gray v. Unemployment Insurance Division

Hawaii Intermediate Court of Appeals

Gray v. Unemployment Insurance Division

CourtHawaii Intermediate Court of Appeals

DecidedDecember 5, 2024

DocketCAAP-23-0000288

StatusPublished

This text of Gray v. Unemployment Insurance Division (Gray v. Unemployment Insurance Division) 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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Gray v. Unemployment Insurance Division, (hawapp 2024).

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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NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER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 05-DEC-2024 08:13 AM Dkt. 52 OAWST

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

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

APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT (CASE NO. 2CCV-XX-XXXXXXX)

ORDER (By: Leonard, Acting Chief Judge, Hiraoka and McCullen, JJ.)

Upon review of the "Stipulation to Dismiss and Remand this Case to Second Circuit Court" filed by Appellee-Appellee Director of Labor and Industrial Relations on November 19, 2024, the papers in support, and the record, it appears that: 1. The appeal has been docketed; 2. The Director and Appellant-Appellant Adam Gray seek to dismiss this appeal in light of Dean v. Department of Education, 154 Hawai#i 298, 550 P.3d 1156 (2024), which the parties state may or may not be applicable to this case; 3. The Stipulation also states, among other things, that the Director and Gray "stipulate to request the Second Circuit Court to remand the case to ESARO [the Employment Security Appeals Referees' Office] for a supplemental hearing on the merits and decision on the merits, which shall not include timeliness"; NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

4. Hawai#i Rules of Civil Procedure Rule 60(b)(6) provides an appropriate vehicle to accomplish the parties' stated goal after this appeal is dismissed; 5. The parties stipulate to bear their own attorneys' fees and costs under Hawai#i Rules of Appellate Procedure Rule 42(b); and 6. The Stipulation is dated and signed by counsel for all parties appearing in the appeal. Therefore, IT IS HEREBY ORDERED that the Stipulation is approved, and this appeal is dismissed. The parties shall bear their own attorneys' fees and costs. DATED: Honolulu, Hawai#i, December 5, 2024.

/s/ Katherine G. Leonard Acting Chief Judge

/s/ Keith K. Hiraoka Associate Judge

/s/ Sonja M.P. McCullen 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 05-DEC-2024 08:13 AM Dkt. 52 OAWST

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

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

APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT (CASE NO. 2CCV-XX-XXXXXXX)

ORDER (By: Leonard, Acting Chief Judge, Hiraoka and McCullen, JJ.)

Upon review of the "Stipulation to Dismiss and Remand this Case to Second Circuit Court" filed by Appellee-Appellee Director of Labor and Industrial Relations on November 19, 2024, the papers in support, and the record, it appears that: 1. The appeal has been docketed; 2. The Director and Appellant-Appellant Adam Gray seek to dismiss this appeal in light of Dean v. Department of Education, 154 Hawai#i 298, 550 P.3d 1156 (2024), which the parties state may or may not be applicable to this case; 3. The Stipulation also states, among other things, that the Director and Gray "stipulate to request the Second Circuit Court to remand the case to ESARO [the Employment Security Appeals Referees' Office] for a supplemental hearing on the merits and decision on the merits, which shall not include timeliness"; NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

4. Hawai#i Rules of Civil Procedure Rule 60(b)(6) provides an appropriate vehicle to accomplish the parties' stated goal after this appeal is dismissed; 5. The parties stipulate to bear their own attorneys' fees and costs under Hawai#i Rules of Appellate Procedure Rule 42(b); and 6. The Stipulation is dated and signed by counsel for all parties appearing in the appeal. Therefore, IT IS HEREBY ORDERED that the Stipulation is approved, and this appeal is dismissed. The parties shall bear their own attorneys' fees and costs. DATED: Honolulu, Hawai#i, December 5, 2024.

/s/ Katherine G. Leonard Acting Chief Judge

/s/ Keith K. Hiraoka Associate Judge

/s/ Sonja M.P. McCullen Associate Judge

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Gray v. Unemployment Insurance Division, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gray-v-unemployment-insurance-division-hawapp-2024.