PROVIDENT FUNDING ASSOCIATES v. JOHN DOES 50 JANE DOES 50 AND DOE ENTITIES 50

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Intermediate Court of Appeals of Hawai‘i.

PROVIDENT FUNDING ASSOCIATES, L.P., Plaintiff-Appellee, v. GISELE M.L. GARDNER, Defendant/Cross-Claim Plaintiff/ Cross-Claim Defendant-Appellant, CITIBANK (SOUTH DAKOTA) N.A., Defendant-Appellee, TRAVIS WITTMEYER; KANOA BRISTOL; BLUE WAVE INVESTMENT SOLUTIONS, LLC, Defendants/Cross-Claim Defendants/ Cross-Claim Plaintiffs-Appellees, JOHN DOES 1-50, JANE DOES 1-50, AND DOE ENTITIES 1-50, Defendants.

NO. CAAP-17-0000453

Decided: January 11, 2018

(By: Nakamura, Chief Judge, Fujise, and Chan, JJ.)

ORDER GRANTING THE DECEMBER 15, 2017 MOTION FOR PARTIAL DISMISSAL

Upon consideration of the Motion for Partial Dismissal, filed on December 15, 2017 by Defendant/Cross-Claim Plaintiff/Cross-Claim Defendant-Appellant Gisele M.L. Gardner (Appellant), the “Memorandum in Opposition to Appellant Gisele M.L. Gardner's Motion for Partial Dismissal, Filed December 15, 2017,” filed on December 22, 2017 by Defendants/Cross-Claim Defendants/Cross-Claim Plaintiffs-Appellees Travis Wittmeyer, Kanoa Bristol, and Blue Wave Investment Solutions, LLC (Appellees), and the records herein, Appellant requests a partial dismissal of Appellant's appeal with respect to Plaintiff-Appellee Provident Funding Associates, L.P. (Provident). On appeal, it does not appear that Appellant made any claim or argument with respect to Provident in the Opening Brief. Appellant and Provident agree to the partial dismissal and that both parties will bear their own costs on appeal between them.

Therefore, IT IS HEREBY ORDERED that the motion is granted, pursuant to Rule 42(b) of the Hawai‘i Rules of Appellate Procedure (HRAP). The appeal is dismissed in part. Appellant's appeal with respect to Provident is dismissed, with Appellant and Provident to bear their own costs on appeal between them.