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Samuel v. United States

United States District Court, D. Hawaii

August 23, 2017

ROSENDA SAMUEL, Individually and as Special Administrator of the ESTATE OF RIENDA SUPU; and LEWIS SAMUEL, Plaintiffs,
v.
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,
v.
HAWAII HEALTH SYSTEMS CORPORATION dba HILO MEDICAL CENTER, Third-Party Defendant.

          CHONG, NISHIMOTO, SIA, NAKAMURA & GOYA, LLLP JOHN S. NISHIMOTO RONALD T. MICHIOKA Attorneys for Defendant JOANN SARUBBI, M.D.

          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.

         The 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.

         The 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:

         FINDINGS OF FACT

         1. A Settlement Conference with this Court (Magistrate Judge Kenneth J. Mansfield) was convened on May 26, 2017, in which all parties to this action participated.

         2. No settlement was reached at the Settlement Conference.

         3. Private mediation with Mr. Keith Hunter of Dispute Prevention and Resolution (“DPR”) was held on May 31, 2017.

         4. All 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.

         5. The settlement between Plaintiffs and the HEPA Defendants was reached through the private mediation with Mr. Keith Hunter and DPR.

         6. Plaintiffs and HEPA Defendants have agreed that the terms of the settlement between them are confidential.

         7. The 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 settlement agreement.

         8. The 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. 172].

         CONCLUSIONS ...


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