Kaupiko v. Department of Land and Natural Resources ( 2022 )

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 28-MAR-2022 08:21 AM Dkt. 35 OAWST NO. CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I WILLIE KAUPIKO, KA#IMI KAUPIKO, MIKE NAKACHI, FOR THE FISHES, AND CENTER FOR BIOLOGICAL DIVERSITY, Plaintiffs-Appellees, v. DEPARTMENT OF LAND AND NATURAL RESOURCES, STATE OF HAWAI#I, Defendant-Appellant APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 1CCV-XX-XXXXXXX JPC) ORDER APPROVING STIPULATION FOR DISMISSAL OF APPEAL (By: Ginoza, Chief Judge, Leonard and Hiraoka, JJ.) Upon consideration of the "[Proposed] Stipulation for Dismissal of Appeal," (Stipulation) filed on March 21, 2022, by Defendant-Appellant the State of Hawai#i, Department of Land and Natural Resources, the papers in support, and the record, it appears that (1) the appeal has not been docketed; (2) the parties stipulate to dismiss the appeal with each party to bear their own attorneys' fees and costs; (3) the stipulation is signed by counsel for all parties appearing in the appeal; and NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER (4) dismissal is authorized by Hawai#i Rules of Appellate Procedure Rule 42(a). 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 incurred in this appeal. DATED: Honolulu, Hawai#i, March 28, 2022. /s/ Lisa M. Ginoza Chief Judge /s/ Katherine G. Leonard Associate Judge /s/ Keith K. Hiraoka Associate Judge 2