Hughes, et al v. The 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.
______________________________
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Civil No. 22-00397 LEK-KJM
FINDINGS AND
RECOMMENDATION TO GRANT
UNITED STATES’ PETITION FOR
GOOD FAITH SETTLEMENT
DETERMINATION (ECF NO. 712)
Civil No. 24-00059 LEK-KJM
FINDINGS AND RECOMMENDATION TO
GRANT UNITED STATES’ PETITION FOR GOOD
FAITH SETTLEMENT DETERMINATION (ECF NO. 712)
On March 27, 2026, Defendant United States of America (“Defendant”)
filed a Petition for Good Faith Settlement Determination (“Petition”), seeking a
determination of good faith settlement for 474 settling plaintiffs (collectively,
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“Plaintiffs”)1. ECF No. 712.2 This is the third petition for good faith settlement
determination filed in these consolidated cases.
On March 30, 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. 715. Therein, Ohana and
Hunt reiterated and incorporated by reference their previous opposition filed on
February 24, 2026, ECF No. 677.
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. 722. 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 deadline to file any objections to the Petition was April 21, 2026. The
Court did not receive any other objections.
On April 16, 2026, the Court held a hearing on the Petition via video
conference.3 ECF No. 727. Lyle S. Hosoda, Esq., Kristina Baehr, Esq., Frederick
1 See ECF No. 712-2 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.
3 The Court did not issue an entering order setting a hearing on the Petition. For
the sake of efficiency, however, the parties agreed, and the Court approved, of
holding a hearing on the Motion on April 16, 2026, after a previously scheduled
hearing in this matter.
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C. Baker, Esq., and Cynthia A. Solomon, Esq., appeared on behalf of Plaintiffs.
Eric A. Rey, Esq., Alanna Horan, Esq., and Kenneth A. Haywood, Esq., appeared
on behalf of Defendant. Randall C. Whattoff, Esq., appeared on behalf of Ohana
and Hunt. Calvert G. Chipchase, 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 prior 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.
Based on the foregoing, the Court FINDS that the settlements between the
subject settling plaintiffs as listed in ECF No. 712-2 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 the Petition for
Good Faith Settlement Determination (ECF No. 712).
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IT IS SO FOUND AND RECOMMENDED.
DATED: Honolulu, Hawaii, May 20, 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. 712)
Kenneth J. Mansfield
U nited State$ Magistrate Judge
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