John Roe No. 91 v. St. Francis Medical Center

Hawaii Intermediate Court of Appeals

John Roe No. 91 v. St. Francis Medical Center

CourtHawaii Intermediate Court of Appeals

DecidedAugust 27, 2024

DocketCAAP-21-0000127

StatusPublished

This text of John Roe No. 91 v. St. Francis Medical Center (John Roe No. 91 v. St. Francis Medical Center) 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.

Bluebook

John Roe No. 91 v. St. Francis Medical Center, (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NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER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 27-AUG-2024 07:56 AM Dkt. 84 OAWST

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAIʻI

JOHN ROE NO. 91, Plaintiff-Appellee, v. ST. FRANCIS MEDICAL CENTER, a domestic nonprofit corporation, Defendant/Third-Party Plaintiff-Appellant, and JANE DOES 1-10; DOE CORPORATION 1-10; DOE PARTNERSHIPS 1-10; DOE NON-PROFIT ENTITIES 1-10; and DOE GOVERNMENTAL ENTITIES 1-10, Defendants, and KAMEHAMEHA SCHOOLS/BERNICE PAUAHI BISHOP ESTATE; ELLIOT K. MILLS; CRYSTAL K. ROSE; JENNIFER N. GOODYEAR- KA‘ŌPUA; MICHELLE KA‘UHANE and ROBERT K.W.H NOBRIGA, in their capacity as Trustees of the Estate of Bernice Pauahi Bishop,1 and RICHARD D. GRONNA, as personal representative of the ESTATE OF ROBERT MCCORMICK BROWNE, Third-Party Defendants-Appellees

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CASE NO. 1CCV-XX-XXXXXXX)

ORDER APPROVING STIPULATION TO DISMISS APPEAL (By: Hiraoka, Presiding Judge, McCullen and Guidry, JJ.)

Upon consideration of the Stipulation for Dismissal of Appeal With Prejudice (Stipulation to Dismiss), filed June 14, 2024, by Defendant/Third-Party Plaintiff-Appellant St. Francis

1 Pursuant to Hawaii Rules of Evidence Rule 201 and Hawaiʻi Rules of Appellate Procedure Rule 43(c)(1), we take judicial notice that Jennifer N. Goodyear-Kaʻōpua and Michelle Kaʻuhane are current Trustees of the Estate of Bernice Pauahi Bishop and are automatically substituted as Third-Party Defendants-Appellees in place of Micah A. Kane and Lance K. Wilhelm. NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER

Medical Center, and Third-Party Defendant-Appellees Kamehameha Schools/Bernice Pauahi Bishop Estate, and Elliot K. Mills, Crystal K. Rose, Jennifer N. Goodyear-Kaʻōpua, Michelle Kaʻuhane, and Robert K.W.H. Nobriga, in their capacity as Trustees of the Estate of Bernice Pauahi Bishop, the papers in support, and the record and files, it appears that: (1) the appeal has been docketed and filing fees paid; (2) the Stipulation to Dismiss is dated and signed by counsel for all parties appearing in this appeal;2 (3) the parties agree to dismiss the appeal with prejudice, and that each party shall bear their own attorneys' fees and costs incurred on appeal; and (4) dismissal is authorized by Hawaiʻi Rules of Appellate Procedure Rule 42(b). Therefore, IT IS HEREBY ORDERED that the Stipulation to Dismiss is approved and the appeal is dismissed with prejudice. The parties shall bear their own attorneys' fees and costs on appeal. DATED: Honolulu, Hawaiʻi, August 27, 2024.

/s/ Keith K. Hiraoka Presiding Judge

/s/ Sonja M.P. McCullen Associate Judge

/s/ Kimberly T. Guidry Associate Judge

2 The briefing period has expired, and Plaintiff-Appellee John Roe No. 91 (John Roe) and Third-Party Defendant-Appellee Richard D. Gronna, as personal representative of the Estate of Robert McCormick Browne (Gronna) have not filed briefs. We thus construe John Roe and Gronna as nominal parties, and do not require their counsels' signatures on the Stipulation to Dismiss. 2

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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 27-AUG-2024 07:56 AM Dkt. 84 OAWST

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAIʻI

JOHN ROE NO. 91, Plaintiff-Appellee, v. ST. FRANCIS MEDICAL CENTER, a domestic nonprofit corporation, Defendant/Third-Party Plaintiff-Appellant, and JANE DOES 1-10; DOE CORPORATION 1-10; DOE PARTNERSHIPS 1-10; DOE NON-PROFIT ENTITIES 1-10; and DOE GOVERNMENTAL ENTITIES 1-10, Defendants, and KAMEHAMEHA SCHOOLS/BERNICE PAUAHI BISHOP ESTATE; ELLIOT K. MILLS; CRYSTAL K. ROSE; JENNIFER N. GOODYEAR- KA‘ŌPUA; MICHELLE KA‘UHANE and ROBERT K.W.H NOBRIGA, in their capacity as Trustees of the Estate of Bernice Pauahi Bishop,1 and RICHARD D. GRONNA, as personal representative of the ESTATE OF ROBERT MCCORMICK BROWNE, Third-Party Defendants-Appellees

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CASE NO. 1CCV-XX-XXXXXXX)

ORDER APPROVING STIPULATION TO DISMISS APPEAL (By: Hiraoka, Presiding Judge, McCullen and Guidry, JJ.)

Upon consideration of the Stipulation for Dismissal of Appeal With Prejudice (Stipulation to Dismiss), filed June 14, 2024, by Defendant/Third-Party Plaintiff-Appellant St. Francis

1 Pursuant to Hawaii Rules of Evidence Rule 201 and Hawaiʻi Rules of Appellate Procedure Rule 43(c)(1), we take judicial notice that Jennifer N. Goodyear-Kaʻōpua and Michelle Kaʻuhane are current Trustees of the Estate of Bernice Pauahi Bishop and are automatically substituted as Third-Party Defendants-Appellees in place of Micah A. Kane and Lance K. Wilhelm. NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER

Medical Center, and Third-Party Defendant-Appellees Kamehameha Schools/Bernice Pauahi Bishop Estate, and Elliot K. Mills, Crystal K. Rose, Jennifer N. Goodyear-Kaʻōpua, Michelle Kaʻuhane, and Robert K.W.H. Nobriga, in their capacity as Trustees of the Estate of Bernice Pauahi Bishop, the papers in support, and the record and files, it appears that: (1) the appeal has been docketed and filing fees paid; (2) the Stipulation to Dismiss is dated and signed by counsel for all parties appearing in this appeal;2 (3) the parties agree to dismiss the appeal with prejudice, and that each party shall bear their own attorneys' fees and costs incurred on appeal; and (4) dismissal is authorized by Hawaiʻi Rules of Appellate Procedure Rule 42(b). Therefore, IT IS HEREBY ORDERED that the Stipulation to Dismiss is approved and the appeal is dismissed with prejudice. The parties shall bear their own attorneys' fees and costs on appeal. DATED: Honolulu, Hawaiʻi, August 27, 2024.

/s/ Keith K. Hiraoka Presiding Judge

/s/ Sonja M.P. McCullen Associate Judge

/s/ Kimberly T. Guidry Associate Judge

2 The briefing period has expired, and Plaintiff-Appellee John Roe No. 91 (John Roe) and Third-Party Defendant-Appellee Richard D. Gronna, as personal representative of the Estate of Robert McCormick Browne (Gronna) have not filed briefs. We thus construe John Roe and Gronna as nominal parties, and do not require their counsels' signatures on the Stipulation to Dismiss. 2

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John Roe No. 91 v. St. Francis Medical Center, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-roe-no-91-v-st-francis-medical-center-hawapp-2024.