Stephens v. Deutsch

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
16-MAY-2025
08:10 AM
Dkt. 24 ODSD
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

TREVOR STEPHENS, Plaintiff/Counterclaim Defendant-Appellee, v.
ARON DEUTSCH and EMILY WESSEL, Defendants/Counterclaimants/
Third-Party Plaintiffs-Appellants, and
SHERRY MATOS, Third-Party Defendant-Appellee

APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT
KONA DIVISION
(CIVIL NO. 3DRC-XX-XXXXXXX)

ORDER DISMISSING APPEAL
(By: Leonard, Acting Chief Judge, Hiraoka and McCullen, JJ.)
Upon consideration of the Motion to Strike, Expunge,
and Seal Document Erroneously Filed on October 11, 2024 Under
Dkt. 8 (Motion), the paper in support, and the record, it appears
that:
(1) On October 8, 2024, self-represented Defendants/
Counterclaimants/Third-Party Plaintiffs-Appellants Aron Deutsch
and Emily Wessel (together, Appellants) filed a notice of appeal;
(2) On October 9, 2024, the district court clerk
notified Appellants that the filing fees had not been paid, and
failure to pay the fees or request a fee waiver may result in the
appeal being dismissed or the notice of appeal being stricken;
(3) The record on appeal was due on or before
December 9, 2024, see Hawai i Rules of Appellate Procedure (HRAP)
Rule 11(b)(1), but was not filed because Appellants failed to pay
the filing fees or obtain a fee waiver;
(4) On December 16, 2024, the appellate clerk entered a
default of the record on appeal, informing Appellants that the
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

time to docket the appeal had expired, Appellants had not paid
the filing fees or obtained an order allowing Appellants to
proceed on appeal in forma pauperis, the matter would be brought
to the court's attention on December 26, 2024, for action that
may include dismissal of the appeal, and Appellants could seek
relief from default by motion;
(5) Appellants have not taken any further action in
this appeal. An appeal may be dismissed where the record on
appeal has not been prepared because the appellant failed to pay
the required fees or obtain an order allowing the appellant to
proceed in forma pauperis. HRAP Rule 11(b)(2), (c)(2);
(6) In the Motion, Appellants seek to strike, expunge,
and/or seal a document they mistakenly filed at docket 8 that is
unrelated to this appeal and contains personal information; and
(7) The court finds docket 8 is unrelated to this
appeal and contains personal information. See Hawai i Court
Records Rules Rule 2.19.
Therefore, IT IS HEREBY ORDERED that the Motion is
granted as follows:
1. The document filed at docket 8 is stricken.
2. The appellate clerk shall seal docket 8.
3. Within ten (10) days from the date of this order,
any individual may file a motion objecting to the sealing of the
document.
IT IS FURTHER ORDERED that the appeal is dismissed.
DATED: Honolulu, Hawai i, May 16, 2025.

/s/ Katherine G. Leonard
Acting Chief Judge

/s/ Keith K. Hiraoka
Associate Judge

/s/ Sonja M.P. McCullen
Associate Judge

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