United States District Court, D. Hawaii
FLORA KIM, individually and as Guardian Ad Litem for W.K.; and DAVID KANG, Plaintiffs,
CROCS, INC.; HILTON MANAGEMENT LLC; HILTON HAWAIIAN VILLAGE, LLC; DOE ENTITIES 1-1 O; and JOHN and/or JANE DOES 1-10, Defendants. HILTON MANAGEMENT LLC; HILTON HAWAIIAN VILLAGE LLC Third-Party Plaintiffs,
OTIS ELEVATOR COMPANY, Third-Party Defendant.
FINDINGS AND RECOMMENDATION TO GRANT DEFENDANTS
HILTON MANAGEMENT LLC AND HILTON HAWAIIAN VILLAGE LLC'S
PETITION FOR DETERMINATION OF GOOD FAITH SETTLEMENT
Kenneth J. Mansfield United States Magistrate Judge
Hilton Management LLC and Hilton Hawaiian Village LLC
(together “Hilton”) filed a Petition for
Determination of Good Faith Settlement on June 7, 2018
(“Petition”). ECF No. 269. The Petition seeks an
order finding that the proposed Joint Tortfeasor Release and
Indemnification Agreement (“Settlement
Agreement”) entered into by Hilton and Plaintiffs Flora
Kim, individually and as Guardian Ad Litem for W.K., and
David Kang (“Plaintiffs”) was made in good faith
pursuant to Hawaii Revised Statutes Section 663-15.5.
See ECF No. 269-1 at 5. Hilton also requests that
the Court discharge Hilton from all liability for any
contribution to any other joint tortfeasor or co-obligor.
Id. at 9-10. Hilton filed an unredacted copy of the
Settlement Agreement under seal, and provided copies to all
parties. ECF No. 269-2 at ¶ 6; ECF No. 281.
Third-Party Defendant Otis Elevator Company filed a Statement
of No Opposition to the Petition on June 14, 2018.
See ECF No. 279. Defendant Crocs, Inc. filed a
Statement of No Opposition to the Petition on June 15, 2018.
See ECF No. 280. Plaintiffs filed a Memorandum in
Support of the Petition on June 19, 2018. See ECF
Court elected to decide the Petition without a hearing
pursuant to Rule 7.2(d) of the Local Rules of Practice for
the United States District Court for the District of Hawaii.
After carefully considering the submissions of the parties
and the relevant legal authority, the Court FINDS and
RECOMMENDS that the district Court GRANT the Petition for the
reasons set forth below.
action arises from an incident that occurred on September 10,
2014, on an escalator at Hilton Hawaiian Village Beach Resort
& Spa, which is owned and managed by Hilton. Hilton and
Plaintiffs reached a confidential settlement on June 3, 2018.
In the present Petition, Hilton seeks a determination of good
faith settlement pursuant to Hawaii Revised Statutes section
finding of good faith settlement (1) discharges the settling
party from liability for contribution to other joint
tortfeasors, (2) reduces a plaintiff's claims against
joint tortfeasors by the amount stipulated to in the release
or in the amount of the consideration paid for it, whichever
is greater, (3) bars other joint tortfeasors from further
claims against the settling joint tortfeasor, except where
there is a written indemnity agreement, and (4) results in
dismissal of all crossclaims against the settling joint
tortfeasor, except where there is a written indemnity
agreement. Haw. Rev. Stat. § 663-15.5(a) and (d). In
determining whether parties have entered into a good faith
settlement, the court must consider the “totality of
the circumstances” including:
(1) the type of case and difficulty of proof at trial . . .;
(2) the realistic approximation of total damages that the
(3) the strength of the plaintiff's claim and the
realistic likelihood of his or her success at trial;
(4) the predicted expense of litigation;
(5) the relative degree of fault of the settling ...