Raymond v. County of Kaua'i, Kaua'i Police Department et al

Filing 328

ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATIONS re 321 - Signed by JUDGE ALAN C. KAY on 12/21/2018. (emt, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
___________________________________
CAMERON RAYMOND,
)
)
Plaintiff,
)
v.
) Civ. No. 15-00212 ACK-RLP
)
COUNTY OF KAUAI; KAUAI POLICE
)
DEPARTMENT; DARRYL D. PERRY;
)
ISAIAH SARSONA; JERALD KIM; SANDY )
WAKUMOTO; WILCOX MEMORIAL HOSPITAL;)
JOHN DOES 1-10; JANE DOES 1-10;
)
DOE CORPORATIONS 1-10;
)
DOE PARTNERSHIPS 1-10;
)
DOE UNINCORPORATED ORGANIZATIONS
)
1-10; AND DOE GOVERNMENTAL
)
AGENCIES 1-10,
)
)
Defendants.
)
___________________________________)
ORDER ADOPTING MAGISTRATE JUDGE’S FINDINGS AND RECOMMENDATION
On October 23, 2018, Defendants County of Kauai, Kauai
Police Department, Darryl D. Perry, Isaiah Sarsona, and Sandy
Wakumoto (collectively “the County Defendants”) filed a Motion
for Determination of Good Faith Settlement.

ECF No. 314.

The

Motion sought Court approval of the confidential settlement
reached between Plaintiff Cameron Raymond (“Plaintiff”) and the
County Defendants pursuant to Hawaii Revised Statutes Section
663-15.5.

On November 8, 2018, Defendant Wilcox Memorial

Hospital filed a Statement of No Position with respect to the
County Defendants’ Motion.

ECF No. 318.

On November 16, 2018,

Plaintiff filed a Memorandum in which he disagreed with the
County Defendants’ characterization of the facts and claims, as
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well as their analysis of potential liability, but also stated
that he did not object to the County Defendants’ Motion.
No. 319.

ECF

On November 30, 2018, the Magistrate Judge issued

Findings and Recommendation to Grant Motion for Determination of
Good Faith Settlement (the “F&R”).

ECF No. 321.

In the F&R, the Magistrate Judge set forth the factors
from Troyer v. Adams that courts must use to determine whether
parties have entered into a good faith settlement.
399, 427, 77 P.3d 83, 111 (Haw. 2003).

See 102 Haw.

The Court has reviewed

the F&R, the factors set forth in Troyer v. Adams, and the
settlement agreement entered into by Plaintiff and the County
Defendants, and finds that those parties have reach a good faith
settlement.
Findings and Recommendation having been filed and
served on all parties on November 30, 2018, and no objections
having been filed by any party,
IT IS HEREBY ORDERED AND AJUDGED that, pursuant to
Title 28 U.S.C. 636(b)(1)(C) and Local rule 74.2, the Findings
and Recommendation to Grant Motion for Determination of Good
Faith Settelement are adopted as the opinion and order of this
Court.

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IT IS SO ORDERED.
DATED:

Honolulu, Hawaii, December 21, 2018.

________________________________
Alan C. Kay
Sr. United States District Judge

Raymond v. County of Kauai, et al., Civ. No. 15-00212 ACK-RLP, Order Adopting
Magistrate Judge’s Findings and Recommendation.

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