Ponce v. Kajima USA, Inc. ( 2021 )

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 09-MAR-2021 10:12 AM Dkt. 45 OGMD NO. CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I JOSHUA K. PONCE, Claimant-Appellant/Appellee, v. KAJIMA USA, INC. doing business as HAWAIIAN DREDGING CONSTRUCTION COMPANY, INC., Employer-Cross-Appellant/Appellant, and LIBERTY MUTUAL INSURANCE COMPANY, Insurance Carrier-Cross-Appellant/Appellant APPEAL FROM THE LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD (CASE NO. AB 2018-077(M); DCD NO. 2-17-07228) ORDER GRANTING MOTION TO DISMISS APPEAL (By: Hiraoka, Presiding Judge, Wadsworth and Nakasone, JJ.) Upon consideration of Employer-Cross-Appellant/ Appellant Kajima USA, Inc. doing business as Hawaiian Dredging Construction Company, Inc.'s and Insurance Carrier-Cross- Appellant/Appellant Liberty Mutual Insurance Company's January 12, 2021 Notice of Dismissal of Appeal, which the court construes as a motion to dismiss the appeal under Hawai#i Rules of Appellate Procedure Rule 42(b), the papers in support, the record, and there being no opposition, IT IS HEREBY ORDERED that the motion is granted and the appeal is dismissed. DATED: Honolulu, Hawai#i, March 9, 2021. /s/ Keith K. Hiraoka Presiding Judge /s/ Clyde J. Wadsworth Associate Judge /s/ Karen T. Nakasone Associate Judge