NOT FOR PUBLICATION


NO. 25828



IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI`I





HOMAYON TAVAKOLI, M.D., KIHEI MEDICAL SERVICES, INC.,
AND URGENT CARE MAUI, INC.,
Plaintiffs-Appellants and Cross-Appellees,
v.
HAWAII MEDICAL SERVICE ASSOCIATION; HEALTH PLAN HAWAII,
Defendants-Appellees and Cross-Appellants,
and
JOHN DOES 1-99; JANE DOES 1-99; DOE ENTITIES 1-20;
AND DOE GOVERNMENTAL UNITS 1-10, Defendants





APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT
(CIVIL NO. 02-1-0460(3))





ORDER VACATING MEMORANDUM OPINION OF THE COURT
(By: Burns, C.J., Watanabe and Lim, JJ.)

An order granting the motion for reconsideration of the court's July 25, 2005 memorandum opinion having been entered on August 12, 2005, said memorandum opinion is hereby vacated and a new memorandum opinion shall be filed.

DATED: Honolulu, Hawai`i, October 4, 2005.