NO. 26204



IN THE SUPREME COURT OF THE STATE OF HAWAI´I





EMERSON M.F. JOU, M.D., And As To Some Claims,
On Behalf Of The Class of Others Similarly Situated, Petitioner/Plaintiff-Appellant

vs.


NATIONAL INTERSTATE INSURANCE COMPANY OF HAWAII,
A Corporation; ADP INTEGRATED MEDICAL SOLUTIONS,
An Entity, Form Unknown; and DARWIN CHING, (1) Interim
Director, Department of Labor, State of Hawai´i, Respondents/Defendants-Appellees

and


JOHN DOE 1-10; DOE CORPORATION 1-10;
DOE PARTNERSHIP 1-10; and DOE GOVERNMENTAL
ENTITY 1-10, Defendants.



CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(CIV. NO. 03-1-0233)





ORDER REJECTING APPLICATION FOR WRIT OF CERTIORARI
(By: Acoba, J., for the court (2))

The Application for Writ of Certiorari filed on August 14, 2007 by Petitioner/Plaintiff-Appellant Emerson M.F. Jou, M.D., is hereby rejected.

DATED: Honolulu, Hawai´i, September 20, 2007.



Stephen M. Shaw for
Petitioner/Plaintiff-
Appellant, on the
application.

Randall Y.S. Chung and
James H. Monma (Matsui
Chung) for National
Interstate Insurance
Company and Respondent/
Defendant-Appellee National
Interstate Insurance
Company of Hawaii,
on the response.

George W. Playdon, Jr. and
Kelvin H Kaneshiro (Reinwald,
O'Connor & Playdon LLP) for
Respondent/Defendant-
Appellee ADP Integrated
Medical Solutions, on the
opposition.





1.      Pursuant to Hawai´i Rules of Appellate Procedure Rule 43(c)(1), Darwin Ching, the current Interim Director of the Department of Labor, State of Hawai´i, has been substituted for Nelson Befitel, the Director at the time this case was decided by the first circuit court.

2.     Considered by Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.