NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 17-APR-2020 10:13 AM

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I

HAWAII MEDICAL SERVICE ASSOCIATION, Plaintiff-Appellee, v. FREDERICK NITTA, M.D., Defendant-Appellant

APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT (S.P. NO. 19-1-1 GKN)

ORDER APPROVING STIPULATION TO DISMISS APPEAL (By: Ginoza, Chief Judge, Fujise and Leonard, JJ.)

Upon consideration of the "Stipulation Withdrawing Appeal and Order," filed March 30, 2020, by Defendant-Appellant Frederick Nitta, it appears that (1) the appeal has not been docketed; (2) pursuant to Hawai)i Rules of Appellate Procedure (HRAP) Rule 42(b), the parties stipulate to dismiss the appeal and bear their own costs and attorneys' fees; (3) the stipulation is dated and signed by counsel for all parties appearing in the appeal; and (4) because the appeal has not been docketed, dismissal is authorized by HRAP Rule 42(a).

Therefore, IT IS HEREBY ORDERED that the stipulation to dismiss the appeal is approved under HRAP Rule 42(a), and the NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER appeal is dismissed. The parties shall bear their own attorneys' fees and costs.

DATED: Honolulu, Hawai#i, April 17, 2019.

/s/ Lisa M. Ginoza Chief Judge /s/ Alexa D.M. Fujise Associate Judge /s/ Katherine G. Leonard Associate Judge