Gemcap Lending I, LLC v. Bateman ( 2022 )

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 16-MAY-2022 07:48 AM Dkt. 218 OAWST NOS.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appeal and bear their own attorneys' fees and costs; (3) the Stipulation is dated and signed by counsel for all parties NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER appearing in the appeal; and (4) dismissal is authorized by Hawai i Rules of Appellate Procedure Rule 42(b). 1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