Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 28-MAR-2024 08:08 AM Dkt. 41 OAWST

NO. CAAP-XX-XXXXXXX

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

WDI INTERNATIONAL, INC., Plaintiff-Appellee, v. GEN HAWAII LLC, GEN MASTER LLC, and DAVID KIM, Defendants/Counterclaim Plaintiffs-Appellants; GEN KAPOLEI, LP, GEN DEVELOPMENT, LLC, GEN MAUI, LP, Defendants-Appellants; and DOES 1 THROUGH 50, inclusive, Defendants

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CASE NO. 1CCV-XX-XXXXXXX)

ORDER APPROVING STIPULATION TO DISMISS APPEAL (By: Wadsworth, Presiding Judge, McCullen and Guidry, JJ.)

Upon consideration of the Stipulation for Dismissal of Appeal With Prejudice (Stipulation), filed March 1, 2024, by Defendants/Counterclaim Plaintiffs-Appellants Gen Hawaii LLC, Gen Master LLC, and David Kim, and Defendants-Appellants Gen Kapolei, LP, Gen Development, LLC, and Gen Maui, LP, the papers in support, and the record, it appears that: (1) the appeal has been docketed and filing fees paid; (2) the Stipulation is dated and signed by counsel for all parties appearing in this appeal; (3) the parties agree to dismiss the appeal with prejudice, and that each party shall bear their own attorneys' fees and costs incurred on appeal; and (4) dismissal is authorized by Hawaiʻi Rules of Appellate Procedure Rule 42(b).

Therefore, IT IS HEREBY ORDERED that the Stipulation is approved and the appeal is dismissed with prejudice. The parties shall bear their own attorneys' fees and costs.

DATED: Honolulu, Hawai‘i, March 28, 2024.

/s/ Clyde J. Wadsworth Presiding Judge /s/ Sonja M.P. McCullen Associate Judge /s/ Kimberly T. Guidry Associate Judge