NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER
Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
16-MAY-2022
07:48 AM
Dkt. 218 OAWST
NOS. CAAP-XX-XXXXXXX AND CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI I
GEMCAP LENDING I, LLC, Plaintiff-Counterclaim
Defendant-Appellee, v. TRENT A. BATEMAN and
LISA J. BATEMAN, INDIVIDUALLY AND AS CO-TRUSTEES
OF (1) THE TRENT A. BATEMAN TRUST DATED
JANUARY 28, 2013 AND (2) THE LISA J. BATEMAN TRUST
DATED JANUARY 28, 2013; MOUNTAIN THUNDER COFFEE
PLANTATION INT'L INC.; Defendants-Cross Claim
Defendants-Counterclaimants-Appellants, and
NATURESCAPE HOLDING GROUP INT'L, INC.; and BROOKE
DECKER, Defendants-Counterclaimants-Appellants,
and FINANCE FACTORS LIMITED, Defendant-
Counterclaimant-Cross Claim Plaintiff-Appellee,
and NEW CENTURY MORTGAGE CORPORATION; and KONA'S
BEST NATURAL COFFEE, LLC, Defendants-Cross Claim
Defendants-Appellees, and NAN E LLC; JOHN DOES 1-
5; JANE DOES 1-5, Defendants-Appellees and RICHARD
ELLIS; DAVID ELLIS; JOHN TROWBRIDGE; and DOES 1-
50, Additional Counterclaim Defendants-Appellees.
APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT
(CIVIL NO. 15-1-428K)
ORDER APPROVING STIPULATION DISMISSING APPEAL
(By: Hiraoka, Presiding Judge, Wadsworth and Nakasone, JJ.)
Upon consideration of the Amended Stipulation and Order
Dismissing Appeal (Stipulation), filed May 11, 2022, by
Plaintiff-Counterclaim Defendant-Appellee GemCap Lending I, LLC,
the papers in support, and the record, it appears that (1) the
appeal has been docketed; (2) the parties stipulate to dismiss
the appeal and bear their own attorneys' fees and costs; (3) the
Stipulation is dated and signed by counsel for all parties
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER
appearing in the appeal; and (4) dismissal is authorized by
Hawai i Rules of Appellate Procedure Rule 42(b). 1
Therefore, IT IS HEREBY ORDERED that the Stipulation is
approved and the appeal is dismissed. The parties shall bear
their own attorneys' fees and costs.
DATED: Honolulu, Hawai i, May 16, 2022.
/s/ Keith K. Hiraoka
Presiding Judge
/s/ Clyde J. Wadsworth
Associate Judge
/s/ Karen T. Nakasone
Associate Judge
1
We note that we received notice that bankruptcy proceedings
concerning Defendants-Cross Claim Defendants-Counterclaimants-Appellants
Mountain Thunder Coffee Plantation Int'l Inc. and Trent Bateman, and
Defendant-Counterclaimant-Appellant Naturescape Holding Group Int'l Inc. have
been closed pursuant to final decrees entered in each of those proceedings.
2