Filed: Apr. 16, 2018
Latest Update: Apr. 16, 2018
Summary: FINDINGS AND RECOMMENDATION TO GRANT DEFENDANT HGHK INTERNATIONAL CO., LIMITED'S PETITION FOR DETERMINATION THAT SETTLEMENT IS IN GOOD FAITH KEVIN S.C. CHANG , Magistrate Judge . Defendant HGHK International Co., Limited's ("HGHK") Petition Determination That Settlement Is In Good Faith ("Petition for Good Faith Settlement") dated January 26, 2018, came on for hearing on March 15, 2018, at 9:30 a.m., before the Honorable Magistrate Judge Kevin S.C. Chang, with Anna H. Oshiro, Esq. appearing
Summary: FINDINGS AND RECOMMENDATION TO GRANT DEFENDANT HGHK INTERNATIONAL CO., LIMITED'S PETITION FOR DETERMINATION THAT SETTLEMENT IS IN GOOD FAITH KEVIN S.C. CHANG , Magistrate Judge . Defendant HGHK International Co., Limited's ("HGHK") Petition Determination That Settlement Is In Good Faith ("Petition for Good Faith Settlement") dated January 26, 2018, came on for hearing on March 15, 2018, at 9:30 a.m., before the Honorable Magistrate Judge Kevin S.C. Chang, with Anna H. Oshiro, Esq. appearing ..
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FINDINGS AND RECOMMENDATION TO GRANT DEFENDANT HGHK INTERNATIONAL CO., LIMITED'S PETITION FOR DETERMINATION THAT SETTLEMENT IS IN GOOD FAITH
KEVIN S.C. CHANG, Magistrate Judge.
Defendant HGHK International Co., Limited's ("HGHK") Petition Determination That Settlement Is In Good Faith ("Petition for Good Faith Settlement") dated January 26, 2018, came on for hearing on March 15, 2018, at 9:30 a.m., before the Honorable Magistrate Judge Kevin S.C. Chang, with Anna H. Oshiro, Esq. appearing for Plaintiffs, Harvey J. Lung, Esq. and Sarah M. Love, Esq. appearing for Defendant HGHK, and Leah M. Reyes, Esq. appearing on behalf of CR Construction Inc. and Christian M. Rodriguez, and the Court having heard the arguments, having reviewed and considered the memoranda, declarations, and other documents filed herein, and having been otherwise fully advised in the premises, and good cause appearing therefore,
IT IS FOUND AND RECOMMENDED that the Petition for Good Faith Settlement be GRANTED. The Court finds, after considering the factors set forth in Troyer v. Adams and the totality of the circumstances present in this case, and having served as the settlement Judge and having reviewed the essential terms of the settlement, that the settlement was reached in good faith over CR Construction, Inc. and Christian Rodriguez's objection.
The Court further finds that:
(1) the settlement reached between A.K. Ngai, Inc., Anthony K. Ngai, Xu Yong'An, Mrs. Xu Yong'An, Weiqun Du, Kathy Fan, HGHK International Co., Limited, The Hengdian Group, HDGA Corporation and Catlin Specialty Insurance Company, as memorialized in the Settlement Agreement with the effective date of May 30, 2017 ("Settlement") was made in good faith pursuant to Hawaii Revised Statutes § 663-15.5;
(2) any other joint tortfeasor or co-obligor not a party to the Settlement is barred from asserting any further claims against A.K. Ngai, Inc., Anthony K. Ngai, Xu Yong'An, Mrs. Xu Yong'An, Weiqun Du, Kathy Fan, HGHK International Co., Limited, The Hengdian Group, HDGA Corporation and Catlin Specialty Insurance Company, except for those based on a written indemnity obligation; and
(3) any and all cross claims by any other joint tortfeasor or co-obligor not a party to the Settlement against A.K. Ngai, Inc., Anthony K. Ngai, Xu Yong'An, Mrs. Xu Yong'An, Weiqun Du, Kathy Fan, HGHK International Co., Limited, The Hengdian Group, HDGA Corporation and Catlin Specialty Insurance Company are barred, except for those based on a written indemnity obligation.
