NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER
Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
15-OCT-2021
07:59 AM
Dkt. 70 OAWST
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
STATE OF HAWAI#I
EMI M. TANAKA, Claimant-Appellant, v.
PACIFIC SOUVENIR GROUP, INC., C/O PROSERVICE
HAWAII-HRO DIV., Employer-Appellee,
and
HEADLAND INSURANCE COMPANY, Insurance Carrier-Appellee,
and
PROSERVICE HAWAII, Insurance Adjuster-Appellee
APPEAL FROM THE LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD
(CASE NO. AB 2015-323; DCD NO. 2-14-02233)
ORDER GRANTING STIPULATION TO DISMISS APPEAL
(By: Ginoza, C.J., Hiraoka and Wadsworth, JJ.)
Upon consideration of the "Stipulation to Dismiss with
Prejudice Pursuant to Rule 42(b) HRAP" filed on September 28,
2021, by Emi M. Tanaka, Claimant-Appellant (Appellant), Pacific
Souvenir Group, Inc., c/o Proservice Hawaii-HRO DIV., Employer-
Appellee, Headland Insurance Co., Insurance Carrier-Appellee, and
Proservice Hawaii, Insurance Adjuster-Appellee, the papers in
support, and the record, it appears that (1) the appeal has been
docketed; (2) the parties stipulate to dismiss the appeal
pursuant to Hawai#i Rules of Appellate Procedure Rule 42(b); (3)
the stipulation is dated and signed by counsel for all parties
appearing in the appeal, but it does not specify the terms as to
payment of costs; and (4) nonetheless, the court will construe
the stipulation as Appellant's motion to dismiss the appeal under
HRAP Rule 42(b), and grant the requested relief.
NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER
Therefore, IT IS HEREBY ORDERED that the motion is
granted and the appeal is dismissed with prejudice.
DATED: Honolulu, Hawai#i, October 15, 2021.
/s/ Lisa M. Ginoza
Chief Judge
/s/ Keith K. Hiraoka
Associate Judge
/s/ Clyde J. Wadsworth
Associate Judge
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