October 24, 2013
PALAMA HOLDINGS, LLC, a Delaware limited liability company, Plaintiff-Appellee,
BOSTON'S NORTH END PIZZA BAKERY, INC., a Hawai'i corporation, MICHAEL BIANCHI, Defendants-Appellants, and THOMAS F. ROSSI, Defendant-Appellee, and JOHN DOES 1-10, DOE PARTNERSHIPS 1-10, DOE CORPORATIONS 1-10, DOE ENTITIES 1-10, DOE (GOVERNMENTAL UNITS 1-10, Defendants
NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER
APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 12-1-2637-10)
By: Nakamura, C.J., Leonard and Reifurth, JJ.
ORDER (1) GRANTING THE OCTOBER 10, 2 013 MOTION TO DISMISS APPEAL, (2) DENIED AS MOOT THE SEPTEMBER 30, 2 013 REQUEST FOR EXTENSION OF TIME TO FILE CIVIL APPEALS DOCKETING STATEMENT BASED ON NEED FOR CLARIFICATION OF REPRESENTATION, AND (3) NO FURTHER ACTION WILL BE TAKEN ON THE SEPTEMBER 19, 2013 ORDER TO SHOW CAUSE
Upon consideration of attorney Anthony P. Locricchio's (Locricchio) September 30, 2013 "Request for Extension of Time to File Civil Appeals Docketing Statement Based on Need for Clarification of Representation, " which the court construes as Defendants-Appellants Boston's North End Pizza Bakery, Inc. and Michael Bianchi (collectively, Appellants) late motion for extension of time to file the civil appeals docketing statement and Locricchio's response to the court's September 19, 2013 order to show cause, the "Motion to Dismiss the Appeal, " filed October 10, 2 013, by Appellants, the record, and there being no opposition,
IT IS HEREBY ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed. See Hawai'i Rules of Appellate Procedure Rule 42(b).
IT IS FURTHER ORDERED that the late motion for extension of time to file the civil appeals docketing statement is denied as moot.
IT IS FURTHER ORDERED that no further action will be taken on the September 19, 2013 order to show cause.