United States District Court, D. Hawaii
ROSENDA SAMUEL, Individually and as Special Administrator of the ESTATE OF RIENDA SUPU; and LEWIS SAMUEL, Plaintiffs,
UNITED STATES OF AMERICA; HAWAII HEALTH SYSTEMS CORPORATION dba HILO MEDICAL CENTER; JAMES MORRISON, M.D.; JOANN SARUBBI, M.D.; KIRK WEBER, M.D.; and DOE DEFENDANTS 1-100; Defendants. UNITED STATES OF AMERICA, Third-Party Plaintiff,
HAWAII HEALTH SYSTEMS CORPORATION dba HILO MEDICAL CENTER, Third-Party Defendant.
NISHIMOTO, SIA, NAKAMURA & GOYA, LLLP JOHN S. NISHIMOTO
RONALD T. MICHIOKA Attorneys for Defendant JOANN SARUBBI,
FINDINGS AND RECOMMENDATION TO GRANT DEFENDANTS JOANN
SARUBBI, M.D.'S; KIRK WEBER, M.D.'S; AND JAMES
MORRISON, M.D.'S JOINT PETITION FOR DETERMINATION OF GOOD
FAITH SETTLEMENT, FILED JULY 7, 2017
KENNETH J. MANSFIELD, UNITED STATES MAGISTRATE JUDGE.
Joint Petition for Determination of Good Faith Settlement
(“Joint Petition”), filed on July 7, 2017 by
Defendants JOANN SARUBBI, M.D. (“Dr. Sarubbi”),
KIRK WEBER, M.D. (“Dr. Weber”), and JAMES
MORRISON, M.D. (“Dr. Morrison”) (collectively
referred to hereinafter as “HEPA Defendants”),
came on for hearing on August 14, 2017 before the Honorable
Magistrate Judge Kenneth J. Mansfield. Ronald T. Michioka,
Esq. appeared on behalf of Defendant Dr. Sarubbi; Malia E.
Schreck, Esq. appeared on behalf of Defendant Dr. Weber, John
Burke, Esq. appeared on behalf of Defendant Dr. Morrison,
Janice D. Heidt, Esq. appeared on behalf of Plaintiffs, and
Michael F. Albanese, Esq. appeared on behalf of Defendant and
Third-Party Plaintiff UNITED STATES OF AMERICA
(“Defendant USA”). No appearance was made by
counsel for Third-Party Defendant HAWAII HEALTH SYSTEMS
CORPORATION dba HILO MEDICAL CENTER (“HHSC”).
Plaintiffs filed on July 24, 2017 their Memorandum in Support
of the Joint Petition, Defendant USA filed on July 24, 2017
its Statement of No Opposition to the Joint Petition, and
Third-Party Defendant HHSC filed on July 24, 2017 its
Statement of No Objection to the Joint Petition. No
opposition was filed against the Joint Petition.
Court having considered the Joint Petition, the memoranda in
support thereof, the arguments of counsel, and the records
and files herein, FINDS and RECOMMENDS that the Joint
Petition be GRANTED as follows:
Settlement Conference with this Court (Magistrate Judge
Kenneth J. Mansfield) was convened on May 26, 2017, in which
all parties to this action participated.
settlement was reached at the Settlement Conference.
Private mediation with Mr. Keith Hunter of Dispute Prevention
and Resolution (“DPR”) was held on May 31, 2017.
parties to this action participated in the private mediation
with Mr. Hunter and DPR, including the non-settling Defendant
USA and Third-Party Defendant HHSC.
settlement between Plaintiffs and the HEPA Defendants was
reached through the private mediation with Mr. Keith Hunter
Plaintiffs and HEPA Defendants have agreed that the terms of
the settlement between them are confidential.
HEPA Defendants filed their Joint Petition for Determination
of Good Faith Settlement on July 7, 2017 contemporaneously
with their Ex Parte Motion to file the Terms of Settlement
Under Seal pursuant to the confidentiality provision of their
terms of the settlement were submitted under seal to this
Court pursuant to the Order Granting Leave to Submit the
Terms of Settlement Under Seal, issued on July 20, 2017 [Doc.