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. 686)
Civil No. 24-00059 LEK-KJM
FINDINGS AND RECOMMENDATION TO
GRANT UNITED STATES’ PETITION FOR GOOD
FAITH SETTLEMENT DETERMINATION (ECF NO. 686)
On February 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 287 settling plaintiffs (collectively,
Case 1:22-cv-00397-LEK-KJM Document 744 Filed 05/20/26 Page 1 of 3
PageID.<pageID>

2
“Plaintiffs”)1. ECF No. 686.2 The Petition states that Plaintiffs consent to the
Petition. Id. at 2. This is the second petition for good faith settlement
determination filed in these consolidated cases.
On March 6, 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. 694. On March 23, 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. 709. Therein, Ohana and Hunt reiterated and incorporated by
reference their previous opposition filed on February 24, 2026. ECF No. 677. The
Court did not receive any other objections.
On April 6, 2026, Defendant filed a Reply. ECF No. 723.
On April 16, 2026, the Court held a hearing on the Petition via video
conference. ECF No. 727. Lyle S. Hosoda, Esq., Kristina Baehr, Esq., Frederick
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
1 See ECF No. 686-3 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 744 Filed 05/20/26 Page 2 of 3
PageID.<pageID>

3
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. 686-3 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. 686).
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. 686)
Case 1:22-cv-00397-LEK-KJM Document 744 Filed 05/20/26 Page 3 of 3
PageID.<pageID>