HOWARD HOFELICH v. STATE OF HAWAII DCCA DLNR DENNIS KRUEGER ESQ ASHFORD WRISTON LAW CORPORATION DAVID KAAPU ESQ STEPHEN WHITTAKER ESQ CARL VINCENTI JUNG VASSAR LAW CORPORATION RONALD IBARRA UNITED STATES COAST GUARD VESSEL DOCUMENTATION CENTER USCGVDC DAVID LAWTON ESQ DOE CORPORATIONS 10 JOHN DOES 10 JANE DOES 10 GOVERNMENTAL ENTITIES 10 DOE PARTNERSHIPS 10 DOE LLC CORPORATIONS 10 (2024)

ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR RECONSIDERATION

Upon consideration of self-represented Defendant-Appellee Stephen D. Whittakers (Whittaker) February 14, 2024 Motion for Reconsideration of Notice of Default of Answering Brief (ND4) Filed February 14, 2024 (Motion), which the court construes as a motion for reconsideration of the February 14, 2024 Order, the papers in support, and the record, it appears that Whittaker seeks reconsideration of the portion of the February 14, 2024 Order wherein the court found Whittaker in default of the answering brief and ordered the appellate clerk to enter default of Whittakers answering brief.

Alternatively, Whittaker seeks to join the answering briefs filed by Defendant-Appellee Jung & Vassar, P.C., Defendant-Appellee State of Hawai‘i and Defendant-Appellee Ashford & Wriston Law Corporation. Whittaker fails to demonstrate that the court overlooked or misapprehended any point of law or fact. Hawai‘i Rules of Appellate Procedure Rule 40(b).

Therefore, IT IS HEREBY ORDERED that the Motion is granted in part and denied in part as follows:

1. We construe the Motion as seeking relief from default for failure to file an answering brief.

2. Whittakers request to join the answering briefs of Defendant-Appellee Jung & Vassar, P.C., Defendant-Appellee State of Hawai‘i and Defendant-Appellee Ashford & Wriston Law Corporation is therefore granted and the Joinder filed on February 14, 2024 is accepted.

3. All other requested relief is denied.

Katherine G. Leonard Acting Chief Judge

Clyde J. Wadsworth Associate Judge

Karen T. Nakasone Associate Judge