Filed: Dec. 22, 2015
Latest Update: Dec. 22, 2015
Summary: FINDINGS AND RECOMMENDATION TO GRANT THIRD-PARTY DEFENDANT STUART SOUZA'S AND DEFENDANTS AND THIRD-PARTY PLAINTIFFS FRANK E. RITCHEY AND NORA JOAN RITCHEY, TRUSTEES OF THE RITCHEY FAMILY COMMUNITY PROPERTY TRUST'S JOINT PETITION FOR A DETERMINATION PURSUANT TO HAW. REV. STAT. 663-15.5 THAT SETTLEMENT IS IN GOOD FAITH (FILED NOVEMBER 6, 2015) KEVIN S.C. CHANG , Magistrate Judge . Third-Party Defendant STUART SOUZA and Defendants and Third-Party Plaintiffs FRANK E. RITCHEY and NORA JOAN RIT
Summary: FINDINGS AND RECOMMENDATION TO GRANT THIRD-PARTY DEFENDANT STUART SOUZA'S AND DEFENDANTS AND THIRD-PARTY PLAINTIFFS FRANK E. RITCHEY AND NORA JOAN RITCHEY, TRUSTEES OF THE RITCHEY FAMILY COMMUNITY PROPERTY TRUST'S JOINT PETITION FOR A DETERMINATION PURSUANT TO HAW. REV. STAT. 663-15.5 THAT SETTLEMENT IS IN GOOD FAITH (FILED NOVEMBER 6, 2015) KEVIN S.C. CHANG , Magistrate Judge . Third-Party Defendant STUART SOUZA and Defendants and Third-Party Plaintiffs FRANK E. RITCHEY and NORA JOAN RITC..
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FINDINGS AND RECOMMENDATION TO GRANT THIRD-PARTY DEFENDANT STUART SOUZA'S AND DEFENDANTS AND THIRD-PARTY PLAINTIFFS FRANK E. RITCHEY AND NORA JOAN RITCHEY, TRUSTEES OF THE RITCHEY FAMILY COMMUNITY PROPERTY TRUST'S JOINT PETITION FOR A DETERMINATION PURSUANT TO HAW. REV. STAT. § 663-15.5 THAT SETTLEMENT IS IN GOOD FAITH (FILED NOVEMBER 6, 2015)
KEVIN S.C. CHANG, Magistrate Judge.
Third-Party Defendant STUART SOUZA and Defendants and Third-Party Plaintiffs FRANK E. RITCHEY and NORA JOAN RITCHEY, TRUSTEES OF THE RITCHEY FAMILY COMMUNITY PROPERTY TRUST (hereinafter collectively "Petitioners") having filed a Joint Petition for a Determination Pursuant to Haw. Rev. Stat. § 663-15.5 that Settlement is in Good Faith in the above-entitled case on November 6, 2015 (hereinafter the "Petition"); and
Parties of Interest COUNTY OF KAUA'I, OFFICE OF THE COUNTY ATTORNEY, and COUNTY OF KAUA'I PLANNING DEPARTMENT having filed a Statement of No Opposition and Notice of Non-Appearance regarding said Petition on November 16, 2015; and
Said Petition having duly come on for hearing before the Honorable KEVIN S. C. CHANG on December 17, 2015, at 10:30 o'clock a.m.; and
Plaintiffs KAPA MOKE, Individually and as Personal Representative of THE ESTATE OF KAPA K. MOKE, JR., having been represented by Denise M. Hevicon, Defendants and Third-Party Plaintiffs FRANK E. RITCHEY and NORA JOAN RITCHEY, Trustees of the Ritchey Family Community Property Trust (collectively "Ritcheys"), having been represented by Michael D. Tom, and Third-Party Defendant STUART SOUZA ("Souza") having been represented by James Shin at the hearing of said Petition; and
The Court having heard the arguments of counsel, reviewed the record, being fully advised in the premises, and good cause appearing therefor,
IT IS HEREBY RECOMMENDED that Third-Party Defendant STUART SOUZA and Defendants and Third-Party Plaintiffs FRANK E. RITCHEY and NORA JOAN RITCHEY, TRUSTEES OF THE RITCHEY FAMILY COMMUNITY PROPERTY TRUST's Joint Petition for a Determination Pursuant to Haw. Rev. Stat. § 663-15.5 that Settlement is in Good Faith, filed herein on November 6, 2015, be granted, and any and all claims that have been asserted against the Ritcheys and Souza be dismissed with prejudice.
