Lulu's Group Limited v. Kaschube

• Court: Hawaii Intermediate Court of Appeals
• Decided: March 21, 2023
• Docket: CAAP-21-0000447
• Status: Published

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 21-MAR-2023 08:00 AM Dkt. 71 OAWST

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

LULU'S GROUP LIMITED, PARTNERSHIP, Plaintiff/Counterclaim Defendant-Appellant,

vs.

MARK KASCHUBE, Defendant/Counterclaimant Plaintiff-Appellee,

and

DOE DEFENDANTS 1-25, Defendant/Counterclaim Defendant-Appellee,

MARK KASCHUBE, Third-Party Plaintiff-Appellee,

GUAVA JELLY, INCORPORATED; MICHAEL G. KASCHUBE, Third-Party Defendants-Appellants,

UNKNOWN LIMITED PARTNERS OF LULU'S GROUP LIMITED PARTNERSHIP 1-10; UNKNOWN GENERAL PARTNERS OF LULU'S GROUP LIMITED PARTNERSHIP 1-10; UNKNOWN OFFICERS OF GUAVA JELLY, INCORPORATED 1-10; UNKNOWN DIRECTORS OF GUAVA JELLY, INCORPORATED 1-10; JOHN DOES 1-10; JANE DOES 1-10; DOE CORPORATIONS 1-10; DOE PARTNERSHIPS 1-10; DOE LIMITED LIABILITY COMPANIES 1-10; DOE JOINT VENTURES 1-10; DOE GOVERNMENTAL ENTITIES 1-10; and DOE DEFENDANTS 1-10,

Third-Party Defendants-Appellees NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 10-1-1545)

ORDER APPROVING THE MARCH 15, 2023 STIPULATED DISMISSAL OF APPEAL WITH PREJUDICE (By: Leonard, Presiding Judge, Hiraoka and Wadsworth, JJ.)

Upon consideration of the Stipulated Dismissal of

Appeal With Prejudice (Stipulated Dismissal) filed March 15,

2023, by Defendant/Counterclaimant/Third-Party Plaintiff-Appellee

Mark Kaschube, 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 Stipulated

Dismissal is approved, and the appeal is dismissed. The parties

shall bear their own attorneys' fees and costs.

IT IS FURTHER ORDERED that all pending motions are

dismissed.

DATED: Honolulu, Hawai#i, March 21, 2023.

/s/ Katherine G. Leonard Presiding Judge

/s/ Keith K. Hiraoka Associate Judge

/s/ Clyde J. Wadsworth Associate Judge