NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 17-MAR-2025 08:03 AM Dkt. 79 ODMR

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAIʻI

ANNAMARIE KON; MARTHA HARDEN and GENE LANG THOMAS, Plaintiffs-Appellants, v. STATE OF HAWAIʻI, DEPARTMENT OF HEALTH; PUNA GEOTHERMAL VENTURE, a Hawaiʻi general partnership, Defendants-Appellees, and JOHN DOES 1-10, Defendants.

APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT (CIVIL NO. 3CCV-XX-XXXXXXX)

ORDER DENYING MOTION FOR RECONSIDERATION (By: Leonard, Acting Chief Judge, Nakasone and McCullen, JJ.)

Upon consideration of Defendant-Appellee Puna Geothermal Venture's March 10, 2025 Motion for Reconsideration or Clarification of this court's February 28, 2025 Summary Disposition Order and Request for Judicial Notice (collectively Motion), the papers in support, and the record, and noting Defendant-Appellee State of Hawai‘i Department of Health's joinder in the Motion, it appears Puna Geothermal has not shown a point of law or fact that this court overlooked or NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER misapprehended in the February 28, 2025 Summary Disposition Order. See Hawai‘i Rules of Appellate Procedure Rule 40(b).

Therefore, IT IS ORDERED that the Motion is denied.

DATED: Honolulu, Hawai‘i, March 17, 2025.

/s/ Katherine G. Leonard Acting Chief Judge /s/ Karen T. Nakasone Associate Judge /s/ Sonja M.P. McCullen Associate Judge