Opinion
No. 29606
March 15, 2011.
APPEAL FROM THE PUBLIC UTILITIES COMMISSION (DOCKET NO. 2007-0324)
ORDER DENYING WITHOUT PREJUDICE PLAINTIFF-APPELLANT'S STIPULATION FOR DISMISSAL
Upon consideration of the Stipulation for Dismissal and the records and files herein, it appears that: (1) on January 27, 2009, Plaintiff-Appellant Hermina M. Morita filed a notice of appeal; (2) on June 1, 2009, Defendant-Appellee Hawaii Superferry, Inc. filed a Notice of Suggestion of Bankruptcy and Automatic Stay of Proceedings; and (3) neither party filed any evidence or representation that the automatic bankruptcy stay was terminated or lifted by the bankruptcy court. See Hawai'i Rules of Appellate Procedure Rule 54(b).
Rule 54. LIFTING OR TERMINATION OF STAY OF PROCEEDINGS BY FEDERAL BANKRUPTCY COURT. (b) Notice. On the lifting or termination by the bankruptcy court of a stay of proceedings pending in the Hawai'i appellate courts, each party shall file a notification thereof with the appellate court within 7 days.
Therefore, IT IS HEREBY ORDERED that the Stipulation for Dismissal is denied without prejudice.