THE BANK OF NEW YORK MELLON AS INDENTURE TRUSTEE FOR CERTIFICATE HOLDERS CWABS ASSET BACKED NOTES TRUST 2006 SD4 v. JOHN DOES 20 JANE DOES 20 DOE CORPORATIONS 20 DOE ENTITIES 20 AND DOE GOVERNMENTAL UNITS 20 (2023)

ORDER GRANTING MOTION FOR PARTIAL RECONSIDERATION

Upon consideration of Defendants-Appellants' Joven D. Bautista and Colleen Bautista's (collectively, the Bautistas) “Motion for Partial Reconsideration of the Memorandum Opinion Entered on March 28, 2023“ (Motion for Partial Reconsideration)¹

filed on April 10, 2023, the papers in support, the opposition,² and the record, this court determines that partial reconsideration under Rule 40(b) of the Hawai‘i Rules of Appellate Procedure is warranted regarding section III.A. of the Memorandum Opinion, and thus, an Amended Memorandum Opinion will be filed.

Therefore, IT IS HEREBY ORDERED that the Motion for Partial Reconsideration is granted.

Clyde J. Wadsworth Presiding Judge

Karen T. Nakasone Associate Judge

Sonja M.P. McCullen Associate Judge

FOOTNOTES

1.   The Bautistas specifically requested reconsideration of the following:․ Part III.A of the Memorandum Opinion, wherein the Court ruled that “[t]he Circuit Court did not err in concluding that [Appellee The Bank of New York Mellon (“BONYM“)] had standing when it filed the complaint” because “BONYM established that there were no genuine issues of material fact that it was the holder of the original Note at the time the complaint was filed[.]” Memorandum Opinion at 10, 13.

2.   An April 27, 2023 opposition was filed pursuant to this court's April 17, 2023 order requiring a response.