Opinion
CIVIL NO. CV15 00194 JMS KSC
05-09-2016
DOUBLETREES LAND AND TIMBER, LLC, Plaintiff, v. MAUI ESTATES INTERNATIONAL LLC, a Domestic Limited Liability Company (LLC), BOB HANSEN, JAMES HUNT, CAROL HUNT AND BARRY BROWN dba RE/MAX ISLAND PROPERTIES, Defendants. BARRY BROWN, Third-Party Plaintiff, v. WILLARD GARY DEARDORFF and JOAN DEARDORFF, Third-Party Defendants, MAUI ESTATES INTERNATIONAL LLC, a Domestic Limited Liability Company (LLC) and BOB HANSEN, Third-Party Plaintiff, v. WILLIAM B. MOFFETT DBA MOFFETT PROPERTIES, Third-Party Defendant. JAMES HUNT AND CAROL HUNT, Third-Party Plaintiff, v. WILLARD GARY DEARDORFF and JOAN DEARDORFF, Third-Party Defendants.
TOM PETRUS & MILLER LLLC MICHAEL D. TOM 1655-0 Tel (808) 792-5802 mtom@tpm-hawaii.com LYLE M. ISHIDA 4529-0 Tel (808) 792-5806 lishida@tpm-hawaii.com ASHLEY R. SHIBUYA 10200-0 Tel (808) 792-5804 ashibuya@tpm-hawaii.com Finance Factors Center, Suite 650 1164 Bishop Street Honolulu, Hawaii 96813 Facsimile: (808) 792-5809 Attorneys for Defendants MAUI ESTATES INTERNATIONAL LLC and BOB HANSEN
TOM PETRUS & MILLER LLLC MICHAEL D. TOM 1655-0
Tel (808) 792-5802
mtom@tpm-hawaii.com
LYLE M. ISHIDA 4529-0
Tel (808) 792-5806
lishida@tpm-hawaii.com
ASHLEY R. SHIBUYA 10200-0
Tel (808) 792-5804
ashibuya@tpm-hawaii.com
Finance Factors Center, Suite 650
1164 Bishop Street
Honolulu, Hawaii 96813
Facsimile: (808) 792-5809 Attorneys for Defendants
MAUI ESTATES INTERNATIONAL LLC
and BOB HANSEN (Real Property) Hearing Date: May 3, 2016
Time: 9:30 a.m.
Honorable Kevin S. C. Chang
FINDINGS AND RECOMMENDATION TO GRANT DEFENDANTS MAUI ESTATES INTERNATIONAL, LLC AND BOB HANSEN, JAMES HUNT AND CAROL HUNT, BARRY BROWN DBA RE/MAX ISLAND PROPERTIES, PLAINTIFF DOUBLETREES LAND AND TIMBER, LLC, AND THIRD PARTY DEFENDANTS WILLARD GARY DEARDORFF AND JOAN DEARDORFF'S JOINT PETITION FOR DETERMINATION OF GOOD FAITH SETTLEMENT PURSUANT TO HAW. REV. STAT. § 663.15.5 (FILED MARCH 23, 2016)
Defendants MAUI ESTATES INTERNATIONAL, LLC and BOB HANSEN, JAMES HUNT and CAROL HUNT, and BARRY BROWN DBA RE/MAX ISLAND PROPERTIES; Plaintiff DOUBLETREES LAND AND TIMBER, LLC; and Third Party Defendants WILLARD GARY DEARDORFF and JOAN DEARDORFF (hereinafter collectively the "Petitioners") having filed a Joint Petition for Determination of Good Faith Settlement Pursuant to Haw. Rev. Stat. § 663-15.5 in the above-entitled case on March 23, 2016 (hereinafter the "Petition"); and
Said Petition having duly come on for hearing before the Honorable KEVIN S. C. CHANG on May 3, 2016, at 9:30 a.m.; and
Plaintiff DOUBLETREES LAND AND TIMBER, LLC and Third Party Defendants WILLARD GARY DEARDORFF and JOAN DEARDORFF, having been represented by Abigail M. Holden; Defendants MAUI ESTATES INTERNATIONAL LLC and BOB HANSEN, having been represented by Michael D. Tom; and Defendants JAMES HUNT and CAROL HUNT, having been represented by Shauna Bell at the hearing of said Petition; and
The Court having heard the arguments of counsel, reviewed the record, having reviewed all settlement terms as set forth in the Sealed Exhibit "A", and based upon the "totality of the circumstances" as required by Troyer v. Adams, 102 Hawaii 399, 77 P.3d 83 (2003), and pursuant to HRS § 663-15.5;
The Court HEREBY FINDS and RECOMMENDS that Defendants MAUI ESTATES INTERNATIONAL, LLC and BOB HANSEN, JAMES HUNT and CAROL HUNT, and BARRY BROWN DBA RE/MAX ISLAND PROPERTIES; Plaintiff DOUBLETREES LAND AND TIMBER, LLC; and Third Party Defendants WILLARD GARY DEARDORFF and JOAN DEARDORFF's Joint Petition for Determination of Good Faith Settlement Pursuant to Haw. Rev. Stat. § 663-15.5, filed herein on March 23, 2016, be granted, that any and all claims that have been asserted against the parties be dismissed with prejudice and that all joint tortfeasors and joint obligors are barred from asserting any future claims against the parties.
DATED: Honolulu, Hawaii, May 9, 2016.
/s/_________
Kevin S.C. Chang
United States Magistrate Judge