Whaley, et al. v. United States of America
| Hawaii District Court | |
| Judge: | Leslie E Kobayashi |
| Referred: | Kenneth J Mansfield |
| Case #: | 1:23-cv-00457 |
| Nature of Suit | 360 Torts - Personal Injury - Other Personal Injury |
| Cause | 28:2671 Federal Tort Claims Act |
| Case Filed: | Nov 09, 2023 |
| Last checked: Monday May 06, 2024 10:47 PM HST |
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Defendant
United States of America
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Represented By
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Plaintiff
Amanda Feindt
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Represented By
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Plaintiff
Brian Jessup
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Represented By
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Plaintiff
Elizabeth Thompson-Watson
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Represented By
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Plaintiff
Dustin Wallace
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Represented By
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Plaintiff
Jessica Whaley
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Represented By
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GPO
Mar 28 2024
d the portion of Count II alleging failure to remediate affected homes, and the portions of Counts I and II alleging failure to test are DISMISSED. The Motion is DENIED insofar as the dismissal of the portion of Count II alleging failure to remediORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S PARTIAL MOTION TO DISMISS COMPLAINT [ECF NO. 1] re 21 - Signed by JUDGE LESLIE E. KOBAYASHI on 3/28/2024. For the foregoing reasons, Defendant's Partial Motion to Dismiss Complaint [ECF No. 1], filed January 16, 2024, is HEREBY GRANTED IN PART IN PART AND DENIED IN PART. The Motion is GRANTED insofar as: the portions of Counts I and II alleging failure to warn are DISMISSED WITH PREJUDICE; anate affected homes, and the portions of Counts I and II alleging failure to test is WITHOUT PREJUDICE. Plaintiffs are GRANTED leave to file their amended complaint by April 29, 2024. Plaintiffs' leave to amend is limited to addressing the defects identified in this Order. Plaintiffs are not permitted to add other parties, claims, or theories of liability. (eta) |
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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) |
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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) |
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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) |
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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: 05/18/2025 11:59 PM HST |
| Wednesday, May 07, 2025 | ||
| 223 | 223
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) |
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