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Narayan v. Marriott International, Inc.

Intermediate Court of Appeals of Hawaii

February 18, 2014

KRISHNA NARAYAN; SHERRIE NARAYAN; VIRENDRA NATH; NANCY MAKOWSKI; KEITH MACDONALD AS CO-TRUSTEE FOR THE DKM TRUST DATED OCTOBER 7, 2011; SIMON YOO; SUMIYO SAKAGUCHI; SUSAN RENTON, INDIVIDUALLY AND AS TRUSTEE FOR THE RENTON FAMILY TRUST DATED 12/3/09; STEPHEN XIANG PANG; FAYE WU LIU; MASSY MEHDIPOUR INDIVIDUALLY AND AS TRUSTEE FOR MASSY MEHDIPOUR TRUST DATED JUNE 21, 2006; G. NICHOLAS SMITH; TRISTINE SMITH; RITZ 1303 RE, LLC, A COLORADO LIMITED LIABILITY COMPANY; CLIFFORD W. CHAFFEE; BRADLEY CHAFFEE INDIVIDUALLY AND AS TRUSTEE OF THE CHARLES V. CHAFFEE BRC STOCK TRUST DATED 12/1/99 AND THE CLIFFORD W. CHAFFEE BRC STOCK TRUST DATED 1/4/98, GARY S. ANDERSON; RONALD W. LORENZ; AND RENEE Y. LORENZ, Plaintiffs-Appellees,
v.
MARRIOTT INTERNATIONAL, INC.; THE RITZ-CARLTON DEVELOPMENT COMPANY, INC.; THE RITZ-CARLTON MANAGEMENT COMPANY, LLC; JOHN ALBERT; EDGAR GUM; THE RITZ-CARLTON HOTEL COMPANY L.L.C.; MARRIOTT VACATIONS WORLDWIDE CORPORATION; MARRIOTT OWNERSHIPS RESORTS, INC.; MARRIOTT TWO FLAGS, LP; AND MH KAPALUA VENTURE, LLC, Defendants-Appellants,
v.
MAUI LAND & PINEAPPLE CO., INC.; EXCLUSIVE RESORTS, LLC; KAPALUA BAY, LLC; ASSOCIATION OF APARTMENT OWNERS OF KAPALUA BAY CONDOMINIUM; CAROLINE PETERS BELSOM; CATHY ROSS; ROBERT PARSONS; RYAN CHURCHILL; MLP KB PARTNER LLC; KAPALUA BAY HOLDINGS, LLC; ER KAPALUA INVESTORS FUND, LLC; ER KAPALUA INVESTORS FUND HOLDINGS, LLC; EXCLUSIVE RESORTS DEVELOPMENT COMPANY, LLC; AND EXCLUSIVE RESORTS CLUB I HOLDINGS LLC, Defendants-Appellees

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER

APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT (CIVIL NO. 12-1-0586(3))

Foley, Presiding J., Fujise and Reifurth, JJ.

ORDER GRANTING MOTION TO DISMISS APPEAL

Upon consideration of "Defendants-Appellants Marriott International, Inc.; The Ritz-Carlton Development Company, Inc.; The Ritz-Carlton Management Company, LLC; John Albert; Edgar Gum; The Ritz-Carlton Hotel Company, L.L.C.; Marriott Vacations Worldwide Corporation; Marriott Ownership Resorts, Inc.; Marriott Two Flags, LP; and MH Kapalua Venture, LLC's [(collectively, Appellants')] Motion to Dismiss Appeal" (Motion to Dismiss), filed by Appellants on February 4, 2014; and "Defendant/Appellee Association of Apartment Owners of Kapalua Bay Condominium's [(AOAO's)] Substantive Joinder in [the Motion to Dismiss] and Answering Brief, " filed by Defendant-Appellee AOAO on February 5, 2014, the papers in support, and the records and files herein, IT IS HEREBY ORDERED that the Motion to Dismiss is granted and this appeal is dismissed.


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