Feindt, et al v. United States of America

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
PATRICK FEINDT, JR., ET AL.,
Plaintiffs,
vs.
UNITED STATES OF AMERICA,
Defendant.
______________________________
JACLYN HUGHES, ET AL.,
Plaintiffs,
vs.
UNITED STATES OF AMERICA,
Defendant.
______________________________
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
Civil No. 22-00397 LEK-KJM
FINDINGS AND
RECOMMENDATION TO GRANT
UNITED STATES’ PETITION FOR
GOOD FAITH SETTLEMENT
DETERMINATION (ECF NO. 731)
Civil No. 24-00059 LEK-KJM
FINDINGS AND RECOMMENDATION TO
GRANT UNITED STATES’ PETITION FOR GOOD
FAITH SETTLEMENT DETERMINATION (ECF NO. 731)
On April 24, 2026, Defendant United States of America (“Defendant”) filed
a Petition for Good Faith Settlement Determination (“Petition”), seeking a
determination of good faith settlement for 367 settling plaintiffs (collectively,
Case 1:22-cv-00397-LEK-KJM Document 773 Filed 06/12/26 Page 1 of 4
PageID.<pageID>

2
“Plaintiffs”)1. ECF No. 731.2 This is the fourth petition for good faith settlement
determination filed in these consolidated cases.
On April 27, 2026, non-parties Ohana Military Communities, LLC
(“Ohana”), and Hunt MH Property Management, LLC (“Hunt”), timely filed a
Memorandum in Opposition to the Petition. ECF No. 733. Therein, Ohana and
Hunt reiterated and incorporated by reference their previous opposition filed on
February 24, 2026, ECF No. 677.
On April 27, 2026, non-parties CP IV Waterfront, LLC d/b/a Kapilina Beach
Homes (“Kapilina”), and GREP Southwest, LLC (“GREP”), timely filed a
Statement of Position to the Petition. ECF No. 734. Therein, Kapilina and GREP
incorporated by reference their previous position as set forth in their statement
filed on March 6, 2026, ECF No. 694.
The Court did not receive any other objections.
Plaintiffs did not file a response to the Petition, despite the Court ordering
Plaintiffs to do so. ECF No. 732. At the hearing on the Petition, Plaintiffs stated
that they join in the Petition.
On June 3, 2026, Defendant filed a Reply. ECF No. 756.
1 See ECF No. 731-2 for a list of the settling plaintiffs that are the subject of the
Petition.
2 The Court cites to the Feindt docket, unless otherwise noted.
Case 1:22-cv-00397-LEK-KJM Document 773 Filed 06/12/26 Page 2 of 4
PageID.<pageID>

3
On June 10, 2026, the Court held a hearing on the Petition via video
conference. ECF No. 768. Eric A. Rey, Esq., Rosemary C. Yogiaveetil, Esq.,
Caroline Stanton, Esq., Alanna Horan, Esq., and Kenneth A. Haywood, Esq.,
appeared on behalf of Defendant. Lyle S. Hosoda, Esq., Kristina Baehr, Esq.,
Frederick C. Baker, Esq., and Cynthia A. Solomon, Esq., appeared on behalf of
Plaintiffs. Randall C. Whattoff, Esq., appeared on behalf of Ohana and Hunt.
Lisa K. Swartzfager, Esq., appeared on behalf of Kapilina and GREP.
The Court has carefully considered the memoranda, applicable law, record
in this case, and the oral arguments of counsel. For the reasons set forth in the
Court’s findings and recommendation on Defendant’s first petition for good faith
settlement determination, which the district court adopted, the Court FINDS AND
RECOMMENDS that the district court GRANT the Petition. The Court reiterates
and incorporates by reference the analysis contained in its prior order. ECF No.
721, 2026 WL 1071033 (D. Haw. Apr. 2, 2026), adopted by ECF No. 743, 2026
WL 1399523 (D. Haw. May 19, 2026).
Based on the foregoing, the Court FINDS that the settlements between the
subject settling plaintiffs as listed in ECF No. 731-2 and Defendant United States
of America were made in good faith under Hawaii Revised Statutes § 663–15.5.
The Court thus RECOMMENDS that the district court GRANT Defendant’s
Petition for Good Faith Settlement Determination (ECF No. 731).
Case 1:22-cv-00397-LEK-KJM Document 773 Filed 06/12/26 Page 3 of 4
PageID.<pageID>

4
IT IS SO FOUND AND RECOMMENDED.
DATED: Honolulu, Hawaii, June 12, 2026.
Feindt v. United States, Civil No. 22-00397 LEK-KJM; Hughes v. United States, Civil No. 24-00059
LEK-KJM; Findings and Recommendation to Grant United States’ Petition for Good Faith Settlement
Determination (ECF No. 731)
Kenneth J. Mansfield
United State$ Magistrate Judge
Case 1:22-cv-00397-LEK-KJM Document 773 Filed 06/12/26 Page 4 of 4
PageID.<pageID>