Williams v. United States of America

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
JAMIE WILLIAMS, ET AL.,
Plaintiffs,
vs.
THE UNITED STATES OF
AMERICA, ET AL.,
Defendants.
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Civil No. 23-00028 LEK-KJM
FINDINGS AND
RECOMMENDATION TO GRANT
SECOND JOINT PETITION FOR
GOOD FAITH SETTLEMENT
DETERMINATION (ECF NO. 211)
FINDINGS AND RECOMMENDATION TO
GRANT SECOND JOINT PETITION FOR GOOD
FAITH SETTLEMENT DETERMINATION (ECF NO. 211)
On March 27, 2026, Plaintiffs and Defendant United States of America
(“Defendant”) filed a Second Joint Petition for Good Faith Settlement
Determination (“Petition”), seeking a determination of good faith settlement for
four settling plaintiffs: Klearance Simpson, Amanda Torres, Doris Flores, and
Natalie Lake. ECF No. 211.
On April 2, 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. 212. Therein, Kapilina and GREP
incorporated by reference their previous position as set forth in their August 26,
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2025 statement, ECF No. 105, and filed in Feindt, et al. v. United States, Civil No.
22-00397 LEK-KJM (D. Haw.), on March 6, 2026, ECF No. 694.
On April 20, 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. 214. Therein, Ohana and
Hunt reiterated and incorporated by reference their opposition to a previous
petition for good faith settlement determination filed in this lawsuit on August 26,
2025, ECF No. 104.
The deadline to file any objections to the Petition was April 21, 2026. The
Court did not receive any other objections.
On April 21, 2026, Defendant filed a Reply. ECF No. 215.
On April 29, 2026, the Court held a hearing on the Petition via video
conference. ECF No. 216. Paul V.K. Smith, Esq., appeared on behalf of Plaintiffs.
Kenneth A. Haywood, Esq., and Alanna Horan, Esq., appeared on behalf of
Defendant. 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 the prior petition for good faith
settlement determination, which the district court adopted, the Court FINDS AND
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RECOMMENDS that the district court GRANT the Petition. The Court reiterates
and incorporates by reference the analysis contained in its prior findings and
recommendation. ECF No. 170, 2025 WL 3712269 (D. Haw. Dec. 11, 2025),
adopted by ECF No. 173, 2025 WL 3720623 (D. Haw. Dec. 22, 2025).
Based on the foregoing, the Court FINDS that the settlements between the
four settling plaintiffs and Defendant were made in good faith under Hawaii
Revised Statutes § 663–15.5. The Court thus RECOMMENDS that the district
court GRANT the Second Joint Petition for Good Faith Settlement Determination
(ECF No. 211).
IT IS SO FOUND AND RECOMMENDED.
DATED: Honolulu, Hawaii, April 30, 2026.
Williams, et al. v. United States, et al., Civil No. 23-00028 LEK-KJM; Findings and Recommendation to
Grant Second Joint Petition for Good Faith Settlement Determination (ECF No. 211)
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