NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
20-SEP-2021
10:31 AM
Dkt. 67 OAWST
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI#I
GREEN ENERGY HAWAII LLC, a Hawaii Limited Liability
Company, Plaintiff-Appellant,
v.
SBC ENERGY HAWAII, INC., a Hawaii corporation, its successor
and assigns; STANDARDKESSEL BAUMGARTE CONTRACTING GmbH,
a German limited liability company, its successors and assigns;
SB CONTRACTING GmbH, a German limited liability company, its
successors and assigns; STANDARDKESSEL GmbH, a German limited
liability company, its successors and assigns; STANDARDKESSEL
POWER SYSTEMS HOLDING GmbH, a German limited liability company,
its successors and assigns; EXPAND, B.V., a Dutch private limited
liability company, its successors and assigns; CHARLES LEBBE
BVBA, a Belgian company with limited liability, its successors
and assigns; LEBBE FORESTRY LLC, a Hawaii limited liability
company, its successors and assigns; HEINZ-JOSEF EVERTZ;
FILIP ACKERMAN; FRANCIS COUCKE, GILLES LEBBE, JORG
KLASEN and MARIO SCHARF, Defendants-Appellees,
and
JOHN DOES 1-50; JANE DOES 1-50; and DOE
PARTNERSHIPS, CORPORATIONS, GOVERNMENTAL UNITS or
OTHER ENTITIES 1-50 Defendants
APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CIVIL NO. 1CC181000118)
ORDER APPROVING STIPULATION TO DISMISS APPEAL
(By: Ginoza, Chief Judge, Leonard and Wadsworth, JJ.)
Upon consideration of the Stipulation to Dismiss Appeal
(Stipulation), filed on August 17, 2021, by Defendants-Appellees
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
SBC Energy Hawaii, Inc. (SBC Energy Hawaii), and Expand, B.V.,
the papers in support, and the record, it appears that:
(1) the appeal has been docketed;
(2) the parties stipulate to dismiss the appeal with
prejudice, that Plaintiff-Appellant Green Energy Hawaii LLC will
pay SBC Energy Hawaii $8,909.51 for its fees and costs in the
appeal, and all others will bear their own attorneys' fees and
costs;
(3) the Stipulation is dated and signed by counsel for
all parties appearing in the appeal; and
(4) dismissal is authorized by Hawai#i Rules of
Appellate Procedure Rule 42(b).
Therefore, IT IS HEREBY ORDERED that the Stipulation to
Dismiss Appeal is approved and the appeal is dismissed.
DATED: Honolulu, Hawai#i, September 20, 2021.
/s/ Lisa M. Ginoza
Chief Judge
/s/ Katherine G. Leonard
Associate Judge
/s/ Clyde J. Wadsworth
Associate Judge
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