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Koshiro Kitazato, Individually and As President of v. Black Diamond Hospitality Investments

IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAII


September 15, 2011

KOSHIRO KITAZATO, INDIVIDUALLY AND AS PRESIDENT OF SOCIETY TO PROTECT DIAMOND HAWAII, A JAPAN UNINCORPORATED ASSOCIATION; YOSHIKIMI KOMODA, INDIVIDUALLY AND AS VICE-PRESIDENT OF SOCIETY TO PROTECT DIAMOND HAWAII, A JAPAN UNINCORPORATED ASSOCIATION; ET AL.; PLAINTIFFS-APPELLANTS,
v.
BLACK DIAMOND HOSPITALITY INVESTMENTS, LLC, A HAWAII LIMITED LIABILITY COMPANY; DIAMOND SOCIETY COMPANY, LTD., A JAPANESE CORPORATION; ET AL.;
DEFENDANTS-APPELLEES

APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT (CIVIL NO. 08-1-0746(1))

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER

ORDER GRANTING STIPULATION TO PARTIALLY DISMISS THE APPEALS BETWEEN PLAINTIFFS-APPELLANTS KOSHIRO KITAZATO, ET AL. AND DEFENDANTS-APPELLEES JOE G. LEONI AND JOSEPH M. TOY (By: Nakamura, C.J., Foley and Reifurth, JJ.)

Upon consideration of the Stipulation to Partially

Dismiss Appeal as it relates to Plaintiffs-Appellants and Defendants-Appellees Joe G. Leoni and Joseph M. Toy, the papers in support, and the records and files herein, it appears that:

(1) Plaintiffs-Appellants and Defendants-Appellees Joe G. Leoni

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER and Joseph M. Toy are stipulating to dismiss Plaintiffs- Appellants' appeal as it relates to Defendants-Appellees Joe G. Leoni and Joseph M. Toy with the parties to bear their own attorney's fees and costs; and (2) no other party filed an objection to this stipulation. Therefore,

IT IS HEREBY ORDERED that the stipulation to partially dismiss the appeal as it relates to Plaintiffs-Appellants and Defendants-Appellees Joe G. Leoni and Joseph M. Toy is approved. The parties to the stipulation shall bear their own attorney's fees and costs.

Chief Judge

Associate Judge

Associate Judge

20110915

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