NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER



NO. 28011


IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I




BEECHER LIMITED, Plaintiff-Appellant, v. ALVAREZ & MARSAL NORTH AMERICA, LLC, Liquidating Trustee of the Azabu Liquidating Trust Dated July 10, 2007; WAIKIKI FIRST FINANCE CORP.; WAIKIKI SF CORPORATION; AZABU U.S.A. CORPORATION, Defendants-Appellees; and THE CHUO MITSUI TRUST AND BANKING COMPANY, LIMITED; HYATT CORPORATION; and DEFENDANTS DOES 1 through 100, Defendants



APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(Civ. No. 04-1-1347)



ORDER GRANTING MOTION FOR RECONSIDERATION
AND REQUESTING RESPONSE TO MOTION FOR RECONSIDERATION
(By: Watanabe, Presiding J., Foley, and Nakamura, JJ.)


Upon consideration of (1) the motion filed by Plaintiff-Appellant Beecher Limited (Beecher) on March 17, 2008 (the Motion), seeking reconsideration of this court's March 7, 2008 Memorandum Opinion; and (2) Beecher's memorandum of law in support of the Motion, also filed on March 17, 2008,

IT IS HEREBY ORDERED that the Motion is granted.

Pursuant to Hawai‘i Rules of Appellate Procedure Rule 40(c), Defendants-Appellees Alvarez & Marsal North America, LLC, Liquidating Trustee of the Azabu Liquidating Trust Dated July 10, 2007; Waikiki First Finance Corp.; Waikiki SF Corporation; and Azabu U.S.A. Corporation are hereby requested to file by Friday, March 28, 2008, a response to the Motion.

DATED: Honolulu, Hawai‘i, March 19, 2008.


On the motion:

James N. Duca
(Lyons, Brandt, Cook &

Hiramatsu) and Bruce Bennett

(admitted pro hac vice) and

Sidney P. Levinson (admitted

pro hac vice
) (Hennigan, 
Bennett & Dorman LLP) for
plaintiff-appellant.