US Bank National Association v. Greenberg

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
16-NOV-2023
08:02 AM
Dkt. 87 ODMR

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR
CITIGROUP MORTGAGE LOAN TRUST INC., MORTGAGE-BACKED
NOTES, SERIES 2005-11, Plaintiff-Appellee,
v.
HOWARD E. GREENBERG; DENISE C. GREENBERG,
Defendants-Appellants,
and
WELLS FARGO BANK, N.A.; KE ALI#I KAI ASSOCIATION, INC.,
Defendants-Appellees,
and
JOHN and MARY DOES 1-20, DOE PARTNERSHIPS,
CORPORATIONS or OTHER ENTITIES 1-20, Defendants

APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT
(CIVIL NO. 16-1-0554(1))

ORDER DENYING MOTION FOR RECONSIDERATION
(By: Hiraoka, Presiding Judge, and Wadsworth and McCullen, JJ.)
Upon consideration of Defendant-Appellant Denise C.
Greenberg's (Denise) "Motion for Reconsideration of the Summary
Disposition Order Filed October 27, 2023" (Motion for
Reconsideration), filed on November 6, 2023, the papers in
support, and the record, it appears that:
(1) This appeal arises out of a foreclosure action
brought by Plaintiff-Appellee US Bank National Association, as
Trustee for Citigroup Mortgage Loan Trust Inc., Mortgage-Backed
Notes, Series 2005-11 (US Bank) against Defendants-Appellants
Denise and Howard E. Greenberg (collectively, the Greenbergs) and
other defendants.
NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER

(2) Denise seeks reconsideration of the court's Summary
Disposition Order, filed on October 27, 2023;
(3) Denise does not present new evidence or arguments
that could not have been presented in her June 13, 2023
memorandum in opposition to U.S. Bank's motion to dismiss this
appeal, or in the Greenbergs' October 2, 2023 response to this
court's September 18, 2023 Order to Show Cause, see Citizens for
Equitable & Responsible Gov't v. County of Hawai#i, 108 Hawai#i
318, 335, 120 P.3d 217, 234 (2005); and
(4) Denise presents no point of law or fact that this
court overlooked or misapprehended. See Hawai#i Rules of
Appellate Procedure Rule 40(b).
Therefore, IT IS HEREBY ORDERED that the Motion for
Reconsideration is denied.

DATED: Honolulu, Hawai#i, November 16, 2023.

/s/ Keith K. Hiraoka
Presiding Judge

/s/ Clyde J. Wadsworth
Associate Judge

/s/ Sonja M.P. McCullen
Associate Judge

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