Goold v. Hawaiian Electric Company, Inc. ( 2023 )

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
14-APR-2023
08:15 AM
Dkt. 128 ORD
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI I
JEFFREY SCOTT GOOLD, Plaintiff-Appellant, v.
HAWAIIAN ELECTRIC COMPANY, INC.; HAWAIIAN ELECTRIC INDUSTRIES,
INC.; ELIZABETH DEER; SHANA M. BUCO, Defendants-Appellees, and
JOHN DOES 1-10; JANE DOES 1-10; DOE CORPORATIONS 1-10;
DOE PARTNERSHIPS 1-10; DOE ENTITIES 1-10; and
DOE GOVERNMENTAL ENTITIES 1-10, Defendants
APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CIVIL NO. 1CCV-XX-XXXXXXX)
ORDER REINSTATING APPEAL
(By: Leonard, Presiding Judge, McCullen and Chan, JJ.)
Upon consideration of self-represented Plaintiff-
Appellant Jeffrey Scott Goold's (Goold) March 31, 2023 "Plaintiff
Position Statement Regarding Order Granting Motion to Dismiss
[Dkt No 113]" (Position Statement),1 the papers in support, and
the record, it appears:
1
Goold fails to expressly set forth the relief sought. Hawai i Rules
of Appellate Procedure (HRAP) Rule 27(a) (providing in part that a "motion
must contain or be accompanied by any matter required by a specific provision
of these Rules governing such a motion, shall state with particularity the
grounds upon which it is based, and shall set forth the order or relief
sought"); see Erum v. Llego, 147 Hawai i 368, 380-81, 465 P.3d 815, 827-28
(2020) (holding that "pleadings prepared by pro se litigants should be
interpreted liberally").
Goold is cautioned to comply with the HRAP. HRAP Rule 1(d) (providing
in part that "[a]ttorneys and pro se parties are deemed to be aware of, and
are expected to comply with, all of the provisions of these rules").
Future violations may result in the motion being denied, sanctions, or
both.
(1) Goold's Position Statement is in response to this
court's March 31, 2023 Order Granting Motion to Dismiss Appeal
(Dismissal Order);
(2) Goold contends this court misunderstood his
March 2, 2023 "Notice of Withdrawal Under Objection" in that he
did not intend to abandon, dismiss, or withdraw his appeal via
motion under HRAP Rule 42(b) but rather, to give notice that he
withdraws the appeal "under objection";
(3) Goold only sought dismissal of the appeal without
prejudice;
(4) However, HRAP Rule 42 does not permit dismissals
without prejudice, and Goold does not otherwise appear to seek
dismissal of the appeal with prejudice; and
(5) The opening brief, originally due October 3, 2022,
was due on a second extension on or before March 1, 2023.
Despite the extensions, Goold failed to file the opening brief or
timely request an additional extension, and is in default.
Therefore, it is hereby ordered:
1. The Dismissal Order is vacated and the appeal is
reinstated.
2. Goold's March 2, 2023 "Notice of Withdrawal Under
Objection," construed as a motion to dismiss the appeal without
prejudice, is denied.
3. Specially Appearing Defendant-Appellee Hawaiian
Electric Company, Inc.'s March 17, 2023 "Motion to Dismiss Notice
of Appeal with Prejudice" is denied without prejudice.
4. Goold's March 19, 2023 "Motion for Reconsideration"
is denied.
5. The deadline to file the opening brief is extended
to May 15, 2023. No further extensions of time will be granted
absent extraordinary circumstances.
DATED: Honolulu, Hawai i, April 14, 2023.
/s/ Katherine G. Leonard
Presiding Judge
/s/ Sonja M.P. McCullen
Associate Judge
/s/ Derrick H.M. Chan
Associate Judge
2