NOT FOR PUBLICATION IN WEST'S HAWAI`I REPORTS AND PACIFIC REPORTER

NO. 27565





IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI`I





KENJI SASAKI, Plaintiff-Appellant,
and
MASAO IMAI, Plaintiff,
v. KIS 96, INC. and IZUMI SOMA, Defendants-Appellees,
and
JOHN DOE 1-10; et al., Defendants






APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CV. NO. 98-1746)


ORDER DISMISSING APPEAL
(By: Burns, C.J., Lim and Foley, JJ.)

Upon review of the record, it appears that on August 11, 2006, the appellate clerk informed Appellant that the time for filing the opening brief expired on August 2, 2006 and that, pursuant to Rule 30 of the Hawai`i Rules of Appellate Procedure, the matter would be called to the attention of the court for such action as the court deemed proper including dismissal of the appeal. Appellant failed to respond to said letter or otherwise oppose a dismissal. Therefore,

IT IS HEREBY ORDERED that the appeal is dismissed.

DATED:  Honolulu, Hawai`i, October 3, 2006.