Patrick Feindt, Jr., et al. v. United States of America; Jaclyn Hughes, et al....

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII PATRICK FEINDT, JR., ET AL., ) Civil No. 22-00397 LEK-KJM ) Plaintiffs, ) FINDINGS AND ) RECOMMENDATION TO GRANT vs. ) UNITED STATES’ PETITION FOR ) GOOD FAITH SETTLEMENT UNITED STATES OF AMERICA, ) DETERMINATION (ECF NO. 712) ) Defendant. ) ______________________________ ) ) JACLYN HUGHES, ET AL., ) Civil No. 24-00059 LEK-KJM ) Plaintiffs, ) ) vs. ) ) UNITED STATES OF AMERICA, ) ) Defendant. ) ______________________________ ) 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, // // “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

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). // // // // PagelD.490/73 IT IS SO FOUND AND RECOMMENDED.

DATED: Honolulu, Hawaii, May 20, 2026. (ee ike, dof Kenneth J. Mansfield D> “oe United States Magistrate Judge Ty i - 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)