Green Energy Hawaii LLC v. SBC Energy Hawaii, Inc. ( 2021 )

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 20-SEP-2021 10:31 AM Dkt. 67 OAWST NO.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consideration of the Stipulation to Dismiss Appeal (Stipulation), filed on August 17, 2021, by Defendants-Appellees NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER SBC Energy Hawaii, Inc. (SBC Energy Hawaii), and Expand, B.V., the papers in support, and the record, it appears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 2