Kim v. United Parcel Services, Inc. ( 2021 )

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 22-SEP-2021 10:01 AM Dkt. 105 OGMD NO. CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I ERIC W. KIM, Claimant-Appellant-Appellee, v. UNITED PARCEL SERVICES, INC., Employer-Appellee-Appellant, and HELMSMAN MANAGEMENT SERVICES, INC., Insurance Adjuster-Appellee-Appellant APPEAL FROM THE LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD (CASE NOS. AB 2019-077; 2-09-06934; 2-12-07793) ORDER GRANTING MOTION TO DISMISS APPEAL (By: Ginoza, Chief Judge, Wadsworth and Fujise, JJ.) Upon consideration of the "Stipulation to Dismiss Appeal Filed on October 24, 2019, by Employer-Appellee-Appellant, United Parcel Services, Inc., and Insurance Adjuster-Appellee- Appellant, Helmsman Management Services, Inc.," filed September 10, 2021, by Employer-Appellee-Appellant United Parcel Services, Inc., and Insurance Adjuster-Appellee-Appellant Helmsman Management Services, Inc. (Appellants), the papers in support, and the record, it appears that (1) the appeal has been docketed; (2) the parties stipulate to dismiss the appeal, under Hawai#i Rules of Appellate Procedure (HRAP) Rule 42(b); (3) the stipulation is dated and signed by all self-represented parties and counsel for all other parties appearing in the appeal, but it does not specify the terms as to payment of costs required by HRAP Rule 42(b); and (4) nonetheless, the court will construe the NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER stipulation as Appellants' motion to dismiss the appeal under HRAP Rule 42(b), and grant the requested relief. Therefore, IT IS HEREBY ORDERED that the motion is granted and the appeal is dismissed. DATED: Honolulu, Hawai#i, September 22, 2021. /s/ Lisa M. Ginoza Chief Judge /s/ Clyde J. Wadsworth Associate Judge /s/ Alexa D.M. Fujise Associate Judge 2