Electronically Filed Supreme Court SCPW-XX-XXXXXXX 20-DEC-2023 08:02 AM Dkt. 11 ODMR

SCPW-XX-XXXXXXX IN THE SUPREME COURT OF THE STATE OF HAWAIʻI ________________________________________________________________ FALEUPOLU ESEKIA, Petitioner, vs. THE HONORABLE JEANNETTE H. CASTAGNETTI, Judge of the Circuit Court of the First Circuit, State of Hawaiʻi, Respondent Judge, and PUU HELEAKALA COMMUNITY ASSOCIATION, by and through its Board of Directors, ALAPATI ESEKIA, PHKK PROPERTIES LLC, a Company or Corporation, DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee under Pooling and Servicing Agreement dated as of March 1, 2007 Securitized Asset Backed Receivables LLC, Respondents. ________________________________________________________________ ORIGINAL PROCEEDING (CASE NO. 1CCV-XX-XXXXXXX) ORDER DENYING MOTION FOR RECONSIDERATION (By: Recktenwald, C.J., McKenna, and Eddins, JJ., Circuit Judge Johnson and Circuit Judge Tonaki, assigned by reason of vacancies) Upon consideration of the “Notice to Strike the Unlawful Court Decision and Notice in Acceptances of All Judges Involved Their ‘Oath of Offices,’” filed on December 15, 2023, which we construe as a motion for reconsideration of this court’s November 17, 2023 order denying the petition for a writ of mandamus, and the record, Petitioner’s motion is untimely. Even if deemed timely, this court has not overlooked or misapprehended points of law or fact. See Hawaiʻi Rules of Appellate Procedure Rule 40(b).

It is ordered that the motion is denied.

DATED: Honolulu, Hawaiʻi, December 20, 2023.

/s/ Mark E. Recktenwald /s/ Sabrina S. McKenna /s/ Todd W. Eddins /s/ Ronald G. Johnson /s/ John M. Tonaki