U.S. National Association v. Au

Hawaii Intermediate Court of Appeals

U.S. National Association v. Au

CourtHawaii Intermediate Court of Appeals

DecidedJuly 23, 2025

DocketCAAP-25-0000381

StatusPublished

This text of U.S. National Association v. Au (U.S. National Association v. Au) 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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U.S. National Association v. Au, (hawapp 2025).

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Opinion

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 23-JUL-2025 08:46 AM Dkt. 19 ODSD

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

U.S. NATIONAL ASSOCIATION AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2006 MASTR ASSET BACK SECURITIES TRUST 2006-HE5 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE5, Plaintiff-Appellee, v. BENJAMIN JAMES AU, Defendant-Appellant, AND KEVIN MILLARD AU; WELLS FARGO, BANK N.A.; DISCOVER BANK; CHILD SUPPORT ENFORCEMENT AGENCY, STATE OF HAWAII; BENJAMIN JAMES AU, THE TRUSTEE OF THE KANEAKUA TRUST DATED JANUARY 9TH, 2014, AN IRREVOCABLE TRUST REGISTERED IN THE FIRST ESTATE OF KAMEHAMEHA EKAHI, RECORDED AS CERTIFICATE OF TRUST DOCUMENT NO. A-50721086 IN THE BUREAU OF CONVEYANCES, CARE OF: TRUSTEE(S) OF THE KANEAKUA TRUST, BENJAMIN JAMES AU; FIA CARD SERVICES, N.A.; INTERNATIONAL MONETARY FUND, Defendants-Appellees, AND DOE DEFENDANTS 1-50, Defendants APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 1CC151002108)

ORDER DISMISSING APPEAL (By: Nakasone, Chief Judge, and Wadsworth and McCullen, JJ.)

Upon review of the record, it appears that: (1) The statement of jurisdiction and opening brief were due on or before May 27, 2025, and June 23, 2025, respectively; (2) Self-represented Defendant-Appellant Benjamin James Au (Au) failed to file either document, or request an extension of time; NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER

(3) On June 26, 2025, the appellate clerk entered a default notice informing Au that the time for filing the statement of jurisdiction and opening brief had expired, the matter would be called to the court's attention on July 7, 2025, for appropriate action, which could include dismissal of the appeal, under Hawai#i Rules of Appellate Procedure Rules 12.1(e) and 30, and Au could request relief from default by motion; and (4) Au has not taken any further action in this appeal. Therefore, IT IS HEREBY ORDERED that the appeal is dismissed.

DATED: Honolulu, Hawai#i, July 23, 2025.

/s/ Karen T. Nakasone Chief Judge

/s/ Clyde J. Wadsworth Associate Judge

/s/ Sonja M.P. McCullen Associate Judge

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NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 23-JUL-2025 08:46 AM Dkt. 19 ODSD

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

U.S. NATIONAL ASSOCIATION AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2006 MASTR ASSET BACK SECURITIES TRUST 2006-HE5 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE5, Plaintiff-Appellee, v. BENJAMIN JAMES AU, Defendant-Appellant, AND KEVIN MILLARD AU; WELLS FARGO, BANK N.A.; DISCOVER BANK; CHILD SUPPORT ENFORCEMENT AGENCY, STATE OF HAWAII; BENJAMIN JAMES AU, THE TRUSTEE OF THE KANEAKUA TRUST DATED JANUARY 9TH, 2014, AN IRREVOCABLE TRUST REGISTERED IN THE FIRST ESTATE OF KAMEHAMEHA EKAHI, RECORDED AS CERTIFICATE OF TRUST DOCUMENT NO. A-50721086 IN THE BUREAU OF CONVEYANCES, CARE OF: TRUSTEE(S) OF THE KANEAKUA TRUST, BENJAMIN JAMES AU; FIA CARD SERVICES, N.A.; INTERNATIONAL MONETARY FUND, Defendants-Appellees, AND DOE DEFENDANTS 1-50, Defendants APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 1CC151002108)

ORDER DISMISSING APPEAL (By: Nakasone, Chief Judge, and Wadsworth and McCullen, JJ.)

Upon review of the record, it appears that: (1) The statement of jurisdiction and opening brief were due on or before May 27, 2025, and June 23, 2025, respectively; (2) Self-represented Defendant-Appellant Benjamin James Au (Au) failed to file either document, or request an extension of time; NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER

(3) On June 26, 2025, the appellate clerk entered a default notice informing Au that the time for filing the statement of jurisdiction and opening brief had expired, the matter would be called to the court's attention on July 7, 2025, for appropriate action, which could include dismissal of the appeal, under Hawai#i Rules of Appellate Procedure Rules 12.1(e) and 30, and Au could request relief from default by motion; and (4) Au has not taken any further action in this appeal. Therefore, IT IS HEREBY ORDERED that the appeal is dismissed.

DATED: Honolulu, Hawai#i, July 23, 2025.

/s/ Karen T. Nakasone Chief Judge

/s/ Clyde J. Wadsworth Associate Judge

/s/ Sonja M.P. McCullen Associate Judge

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U.S. National Association v. Au, Counsel Stack Legal Research, https://law.counselstack.com/opinion/us-national-association-v-au-hawapp-2025.