Lulu’s Group Limited v. Kaschube
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NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-21-0000447 21-MAR-2023 08:00 AM Dkt. 71 OAWST NO. CAAP-21-0000447 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, and MARK KASCHUBE, Third-Party Plaintiff-Appellee, vs. GUAVA JELLY, INCORPORATED; MICHAEL G. KASCHUBE, Third-Party Defendants-Appellants, and 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DOE JOINT VENTURES 1-10; DOE GOVERNMENTAL ENTITIES 1-10; and DOE DEFENDANTS 1-10, Third-Party Defendants-Appellees NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 10-1-1545) ORDER APPROVING THE MARCH 15, 2023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 2
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