Feindt v. United States of America
| Hawaii District Court | |
| Judge: | Leslie E Kobayashi |
| Referred: | Kenneth J Mansfield |
| Case #: | 1:22-cv-00397 |
| Nature of Suit | 360 Torts - Personal Injury - Other Personal Injury |
| Cause | 28:1346 Tort Claim |
| Case Filed: | Aug 31, 2022 |
| Last checked: Sunday Feb 26, 2023 11:12 PM HST |
|
Defendant
United States of America, The
|
Represented By
|
|
Plaintiff
Kandyce Perez
|
Represented By
|
|
Plaintiff
Patricia Maben
|
Represented By
|
|
Plaintiff
Isabel Maloon
|
Represented By
|
|
Plaintiff
Brian McClanahan
|
Represented By
|
|
Plaintiff
Katherine McClanahan
|
Represented By
|
|
Plaintiff
William McClanahan
|
Represented By
|
|
Plaintiff
Cheryl Mello
|
Represented By
|
|
Plaintiff
Belinda Miles
|
Represented By
|
|
Plaintiff
Hailey Morris
|
Represented By
|
|
Plaintiff
Kelly Morris
|
Represented By
|
|
Plaintiff
Aitbeth Mudcha
|
Represented By
|
|
Plaintiff
Tiffany Overbaugh
|
Represented By
|
|
Plaintiff
Audrey Lamagna
|
Represented By
|
|
Plaintiff
Harry Pulou
|
Represented By
|
|
Plaintiff
Lorelei Pulou
|
Represented By
|
|
Plaintiff
Lacey Quintero
|
Represented By
|
|
Plaintiff
Joshua Staple
|
Represented By
|
|
Plaintiff
Daniel Traina
|
Represented By
|
|
Plaintiff
Chad Watson
|
Represented By
|
|
Plaintiff
Paige Wheeler
|
Represented By
|
|
Plaintiff
Lindsey Wilson
|
Represented By
|
|
Plaintiff
Elizabeth Witt
|
Represented By
|
|
Plaintiff
Amanda Zawieruszynski
|
Represented By
|
|
Plaintiff
Ashley Kirkpatrick
|
Represented By
|
|
Plaintiff
Patrick Feindt, Jr.
|
Represented By
|
|
Plaintiff
Jane and John Does 1000
|
Represented By
|
|
Plaintiff
Jamie Simic
|
Represented By
|
|
Plaintiff
Ariana Wyatt
|
Represented By
|
|
Plaintiff
Barbie Arnold
|
Represented By
|
|
Plaintiff
Crystal Arnold
|
Represented By
|
|
Plaintiff
Kevin Aubart
|
Represented By
|
|
Plaintiff
Saori Aubart
|
Represented By
|
|
Plaintiff
AnnMarie Boggs
|
Represented By
|
|
Plaintiff
Adrianna Coberley
|
Represented By
|
|
Plaintiff
Richelle Dietz
|
Represented By
|
|
Plaintiff
Tiffany Flewellen-Reynolds
|
Represented By
|
|
Plaintiff
Nastasia Freeman
|
Represented By
|
|
Plaintiff
Anayansi Fritz
|
Represented By
|
|
Plaintiff
Jeff Fritz
|
Represented By
|
|
Plaintiff
Adriana Grow
|
Represented By
|
|
Plaintiff
Alexander Grow
|
Represented By
|
|
Plaintiff
Elsa Guerra
|
Represented By
|
|
Plaintiff
Sheena Jessup
|
Represented By
|
|
Plaintiff
Kelly Jones
|
Represented By
|
|
Plaintiff
Joseph Maben
|
Represented By
|
GPO
Dec 14 2023
ORDER DENYING PLAINTIFFS' MOTION FOR DISCOVERY SPOLIATION SANCTIONS re 171 - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 12/14/2023. (eta) |
|
|
GPO
Jan 11 2024
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S PARTIAL MOTION TO DISMISS FOURTH AMENDED COMPLAINT [ECF NO. 121], [FILED 6/27/23 (DKT. NO. 129] - Signed by JUDGE LESLIE E. KOBAYASHI on 1/11/2024. For the foregoing reasons, Defendant's Partial Motion to Dismiss Fourth Amended Complaint [ECF No. 121], filed June 27, 2023 and which has been deemed to apply to the Fifth Amended Complaint, is HEREBY GRANTED IN PART AND DENIED IN PART. The Motion is GRANTED insofar as the failure to warn claims contained in Counts II and IV are DISMISSED WITH PREJUICE. The Motion is DENIED as to the failure to warn claims within Count I, and as to Defendant's request to dismiss the medical negligence claims in Count IV by the seventy-seven Plaintiffs listed in Table 1 of the Motion. (eta) |
|
|
GPO
Feb 14 2024
ORDER GRANTING IN PART DEFENDANT'S PARTIAL MOTION TO DISMISS FIFTH AMENDED COMPLAINT [ECF NO. 210] AND DIRECTING FURTHER BRIEFING re 213 - Signed by JUDGE LESLIE E. KOBAYASHI on 2/14/2024. For the foregoing reasons, Defendant's Partial Motion to Dismiss Fifth Amended Complaint, filed December 7, 2023, is HEREBY GRANTED IN PART insofar as the portions of Counts I and II alleging the failure to properly test water for petroleum are DISMISSED WITH PREJUDICE. The Court DIRECTS further briefing addressing the second prong of the discretionary function exception analysis as applied to the portion of Count II alleging the failure to properly remediate affected homes. The parties may not submit further exhibits, and the briefing may not discuss any other issue. Defendant must file its additional briefing by February 28, 2024, and the briefing must not exceed 12 pages. Plaintiffs' may file additional briefing in response by March 6, 2024, and the briefing must not exceed 12 pages. (eta) |
|
|
GPO
Mar 21 2024
ORDER GRANTING IN PART AND DENYING IN PART THE REMAINDER OF DEFENDANT'S PARTIAL MOTION TO DISMISS FIFTH AMENDED COMPLAINT [ECF NO. 210] re 213 - Signed by JUDGE LESLIE E. KOBAYASHI on 3/21/2024. For the foregoing reasons, the remaining portion of Defendant's Partial Motion to Dismiss Fifth Amended Complaint [ECF No. 210], filed December 7, 2023, is HEREBY GRANTED IN PART AND DENIED IN PART. The Motion is DENIED as to the portion of Count II regarding Defendant's allegedly negligent failure to adhere to the SOP while conducting its government-personnel-conducted flushing program in Plaintiffs' homes. The Motion is GRANTED insofar as the remaining portions of Count II alleging failure to properly remediate affected homes is DISMISSED WITH PREJUDICE. (eta) |
|
|
GPO
Apr 08 2024
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO EXCLUDE THE EXPERT REPORTS AND TESTIMONY OF DRS. SPIRA AND KEIFER, AND DENYING DEFENDANT'S MOTION IN LIMINE TO EXCLUDE DRS. CLARK AND VARGO re 232, 237 - Signed by JUDGE LESLIE E. KOBAYASHI on 4/8/2024. (eta) |
|
|
GPO
Apr 09 2024
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO EXCLUDE THE EXPERT REPORT AND TESTIMONY OF DR. STEVEN BIRD, [FILED 1/16/24 (DKT. NO. 234) re 282 - Signed by JUDGE LESLIE E. KOBAYASHI on 4/9/2024. The Motion is GRANTED IN PART AND DENIED IN PART: the Motion is GRANTED to the extent that the Court FINDS Dr. Bird's opinions regarding causation of long-term adverse effects from JP-5 exposure, future care needs and medical surveillance, and Plaintiffs' reasonable fear of significant long-term effects from JP-5 exposure are not admissible. The Motion is GRANTED to the extent that Dr. Bird's opinions regarding specific causation of short-term injuries from JP-5 exposure to the extent the opinions are based exclusively on animal studies are not admissible. The Motion is GRANTED to the extent that Plaintiffs' experts Margot Burns's and Cynthia Fricke's opinions are excluded to the extent that they rely on the excluded opinions of Dr. Bird. The Motion is DENIED in all other respects. (eta) |
|
|
GPO
Apr 10 2024
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S PARTIAL MOTION FOR SUMMARY JUDGMENT [DKT. NO. 204], AND GRANTING DEFENDANT'S MOTION TO STRIKE AFFIDAVIT OF DR. STEVEN BIRD [DKT. NO. 225] re 282 - Signed by JUDGE LESLIE E. KOBAYASHI on 4/10/2024. For the foregoing reasons, Defendant's Motion to Strike the Affidavit of Dr. Steven Bird, filed January 9, 2024, is HEREBY GRANTED. The Affidavit of Dr. Steven Bird, [dkt. no. 269-1, originally filed at dkt. no. 221-2,] is STRICKEN. Defendant's Partial Motion for Summary Judgment, filed November 30, 2023, is HEREBY GRANTED IN PART AND DENIED IN PART. Defendant's Partial Motion for Summary Judgment is GRANTED insofar summary judgment is granted in favor of Defendant as to Plaintiffs' claim for special damages for medical monitoring and testing. Defendant's Partial Motion for Summary Judgment is DENIED as to Plaintiffs' claim for fear of future injury. (eta) |
|
|
GPO
Apr 11 2024
ORDER DENYING PLAINTIFFS' MOTION TO EXCLUDE THE OPINIONS AND TESTIMONY OF DR. WALTER GRAYMAN PURSUANT TO DAUBERT AND FEDERAL RULE OF EVIDENCE 702; AND DENYING PLAINTIFFS' MOTION TO EXCLUDE THE OPINIONS AND TESTIMONY OF DRS. MICHAEL KOSNETT, TIMUR DURRANI, LYLE BURGOOD AND ROBYN PRUEITT PURSUANT TO DAUBERT AND FEDERAL RULES OF EVIDENCE 702 denying (235) Motion in Limine; denying (240) Motion in Limine in case 1:22-cv-00397-LEK-KJM - Signed by JUDGE LESLIE E. KOBAYASHI on 4/11/2024. Associated Cases: 1:22-cv-00397-LEK-KJM, 1:23-cv-00457-LEK-KJM, 1:24-cv-00059-LEK-KJM(eta) |
|
|
GPO
Apr 22 2024
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION IN LIMINE NO. 1, [FILED 2/26/24 (DKT. NO. 278)] in case 1:22-cv-00397-LEK-KJM - Signed by JUDGE LESLIE E. KOBAYASHI on 4/22/2024. On the basis of the foregoing, Defendant's Motion in Limine No. 1: Exclude Improper Treating-Provider Evidence, filed on February 26, 2024 is HEREBY GRANTED IN PART AND DENIED IN PART. Defendant's MIL No. 1 is GRANTED IN PART insofar as Dr. Keifer cannot opine as to causation and future treatment if those opinions are not supported by his medical records of his treatment and care of Dietz. Defendant's MIL No. 1 is DENIED IN PART insofar as Dr. Keifer can testify to opinions formed during Dietz's treatment regarding causation and future treatment so long as records of his care of Dietz support such opinions. Defendant's MIL No. 1 is GRANTED IN PART in that Dr. Bird is not permitted to testify about Plaintiffs' diagnoses and prognoses. It is DENIED IN PART as to Dr. Bird's opinions on causation to the extent previously ruled upon by this Court. Defendant's MIL No. 1 is GRANTED IN PART insofar as Ms. Burns and Ms. Fricke are not permitted to deliver conclusions from other expert witnesses' reports as their trial testimony. Defendant's MIL No. 1 is DENIED IN PART insofar as Ms. Burns and Ms. Fricke are permitted to testify about the diagnoses and prognoses that they considered and used as assumptions in rendering their opinions as to life care planning. Associated Cases: 1:22-cv-00397-LEK-KJM, 1:23-cv-00457-LEK-KJM, 1:24-cv-00059-LEK-KJM (eta) |
|
|
GPO
Apr 23 2024
ORDER GRANTING DEFENDANT'S MOTION IN LIMINE NO. 2: EXCLUDE EVIDENCE RELATED TO NEGLIGENT OPERATION OF THE RED HILL BULK FUEL STORAGE FACILITY, [FILED 2/26/24 (DKT. NO. 280)] in case 1:22-cv-00397-LEK-KJM - Signed by JUDGE LESLIE E. KOBAYASHI on 4/23/2024. For the reasons stated above, Defendant's Motion in Limine No. 2: Exclude Evidence Related to Negligent Operation of the Red Hill Bulk Fuel Storage Facility, filed 2/26/24 (dkt. no. 280) is GRANTED, and evidence of Defendant's operation of the Red Hill Bulk Fuel Storage Facility prior to November 20, 2021 is EXCLUDED, unless the proponent of the evidence can first establish the evidence is relevant to the remaining issues of causation and compensatory damages. Associated Cases: 1:22-cv-00397-LEK-KJM, 1:23-cv-00457-LEK-KJM, 1:24-cv-00059-LEK-KJM (eta) |
|
|
GPO
May 07 2025
PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW - Signed by SENIOR JUDGE LESLIE E. KOBAYASHI on 5/7/2025. Associated Cases: 1:22-cv-00397-LEK-KJM, 1:23-cv-00457-LEK-KJM, 1:24-cv-00059-LEK-KJM (eta) |
| Docket last updated: 05/08/2025 11:59 PM HST |
| Wednesday, May 07, 2025 | ||
| 621 | 621
order
Findings of Fact & Conclusions of Law
Wed 05/07 2:08 PM
PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW - Signed by SENIOR JUDGE LESLIE E. KOBAYASHI on 5/7/2025. Associated Cases: 1:22-cv-00397-LEK-KJM, 1:23-cv-00457-LEK-KJM, 1:24-cv-00059-LEK-KJM (eta) |
|