Electronically Filed Supreme Court SCPW-11-0000086 28-FEB-2011 10:08 AM NO. SCPW-11-0000086

IN THE SUPREME COURT OF THE STATE OF HAWAI'I

JENNIFER P. NAIPO, Petitioner,

vs.

THE HONORABLE PATRICK W. BORDER, JUDGE OF THE CIRCUIT COURT OF THE FIRST CIRCUIT, STATE OF HAWAI'I; ESHELL MITCHELL; ALBERT H.D. YUEN, OR HIS SUCCESSOR TRUSTEE, AS TRUSTEE OF THE ALBERT H.D. YUEN REVOCABLE TRUST; ARNETTE YUEN; NADINE MACHADO; ROBERT YUEN; and NANEA YUEN, Respondents.

ORIGINAL PROCEEDING (CIVIL NO. 09-1-1147-05)

ORDER (By: Duffy, J. for the court1 )

Upon consideration of the petition for a writ of

mandamus filed by petitioner Jennifer P. Naipo, and the papers in

support,

IT IS HEREBY ORDERED that the respondent judge and

respondent Eshell Mitchell shall, within ten days from the date

of this order, file answers to the petition.

DATED: Honolulu, Hawai'i, February 28, 2011.

FOR THE COURT:

/s/ James E. Duffy, Jr.

Associate Justice

Considered by: Recktenwald, C.J., Nakayama, Acoba, and Duffy, JJ., and Circuit Judge Trader, assigned by reason of vacancy.