Cowan v. Roaring Lion, LLC

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
24-JAN-2023
08:03 AM
Dkt. 304 OAWST

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

DAVID COWAN and NATHALIE COWAN; UMANG P. GUPTA and
RUTH M. GUPTA, as Trustees of the Umang and Ruth Gupta
Trust under Trust Agreement dated January 18, 2000; and
PAUOA BEACH 8 LLC, a Hawaii Limited Liability Company,
Plaintiffs-Appellants,

and

ROARING LION, LLC, a Montana Limited Liability Company;
ROGER A. GREENWALD and JENNIFER A. HURWITZ,
Plaintiffs-Appellees,

vs.

PAUOA BAY PROPERTIES LLC, a Delaware Limited Liability
Company; WHITE SAND BEACH LIMITED PARTNERSHIP, a Delaware
Limited Partnership; EXCLUSIVE RESORTS PBL1, LLC, a
Delaware Limited Liability Company; PAUOA BEACH REALTY LLC,
a Hawaii Limited Liability Company; EXCLUSIVE RESORTS PBL3,
LLC, a Delaware Limited Liability Company; JOHN DOES 1-50,
Defendants-Appellees

APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT
(CIVIL NO. 04-1-0332)

ORDER APPROVING THE JANUARY 19, 2023
STIPULATION TO DISMISS WITH PREJUDICE
PLAINTIFFS-APPELLANTS/CROSS-APPELLEES UMANG P. GUPTA
AND RUTH M. GUPTA, AS TRUSTEES OF THE UMANG AND RUTH
GUPTA TRUST UNDER TRUST AGREEMENT DATED JANUARY 18, 2000
(By: Leonard, Presiding Judge, Wadsworth and McCullen, JJ.)
Upon consideration of the Stipulation to Dismiss With

Prejudice Plaintiffs-Appellants/Cross-Appellees Umang P. Gupta

and Ruth M. Gupta, as Trustees of the Umang and Ruth Gupta Trust

Under Trust Agreement dated January 18, 2000 (collectively

"Guptas"), filed on January 19, 2023 (Stipulation), and the

records and files herein,

IT IS HEREBY ORDERED that the Stipulation is approved,

and the appeal is dismissed as to all claims asserted by the

Guptas against Defendant-Appellee/Cross-Appellant Exclusive

Resorts PBL1, LLC and Defendant-Appellee Exclusive Resorts PBL3,

LLC (collectively "ER") and all claims asserted by ER against the

Guptas, with said parties to bear their own attorneys' fees and

costs.

All other claims between the parties in this action are

not affected by the Stipulation.

DATED: Honolulu, Hawai#i, January 24, 2023.

/s/ Katherine G. Leonard
Presiding Judge

/s/ Clyde J. Wadsworth
Associate Judge

/s/ Sonja M.P. McCullen
Associate Judge

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