Malagodi v. Nice, Motion for Reconsideration Denied; Ex Parte Communication Prohibited

NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-24-0000014 17-APR-2026

08:22 AM

Dkt. 210 ODMR

NOS. CAAP-24-0000014 AND CAAP-24-0000015 IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI'I MARK MALAGODI and JANET JOHNSTON, Plaintiffs/Counterclaim Defendants-Appellees,

CAMERON E. NICE, MARTHA J. JACOBSEN, aka MARTHA J. JACOBSON- NICE, Defendants/Counterclaimants-Appellants, and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee for AMERICAN SAVINGS BANK, F.S.B., a Federal Savings Bank, Defendant-Appellee, and JOHN DOES 1-20, JANE DOES 1-20, DOE PARTNERSHIPS 1-20, DOE CORPORATIONS 1-20, and DOE ENTITIES 1-20, Defendants APPEAL FROM THE CIRCUIT COURT OF THE FIFTH CIRCUIT (CASE NO. 5CCV-22-0000027) ORDER DENYING MOTION FOR RECONSIDERATION AND NOTICE OF EX PARTE COMMUNICATION (By: Nakasone, Chief Judge, Hiraoka, and Guidry, JJ.) Upon review of self-represented Defendants-Appellants Cameron E. Nice and Martha J. Jacobsen aka Martha J. Jacobsen- Nice's (the Nices) "Notice - ICA Judicial Fraud and Mistakes, Misadvertence, Negligence and Fraud by ICA Staff Attorneys"

NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

received by the appellate clerk on April 13, 2026, which is construed as a motion for reconsideration (Motion), the papers in support, and the record, it appears that the Nices fail to demonstrate a point of law or fact that the court overlooked or misapprehended in the April 7, 2026 summary disposition order. See Hawai'i Rules of Appellate Procedure Rule 40(b). Therefore, IT IS HEREBY ORDERED that the Motion is denied. IT IS FURTHER ORDERED that the Nices are instructed to cease engaging in ex parte communications with the court. The attached ex parte communication was received via email on April 8, 2026 from senders who identified themselves as the Nices. IT IS FURTHER ORDERED that the appellate clerk shall provide a copy of this order to the supreme court clerk. 1 DATED: Honolulu, Hawai i' , April 17, 2026. /s/ Karen T. Nakasone Chief Judge /s/ Keith K. Hiraoka Associate Judge /s/ Kimberly T. Guidry Associate Judge

We take judicial notice that in SCPW-25-0000359, the Hawai'i 1 Supreme Court stated the Nices "are ordered to immediately cease sending emails to any judge or justice. Any further email to the court will be considered a violation of this order and may result in sanctions." Nice v. Valenciano, No. SCPW-25-0000359, Dkt. 36, at 17 (Haw. May 13, 2025) (Order).