Jamie Williams, et al. v. The United States of America, et al.

CourtDistrict Court, D. Hawaii
DecidedDecember 11, 2025
Docket1:23-cv-00028
StatusUnknown

This text of Jamie Williams, et al. v. The United States of America, et al. (Jamie Williams, et al. v. The United States of America, et al.) is published on Counsel Stack Legal Research, covering District Court, D. Hawaii primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jamie Williams, et al. v. The United States of America, et al., (D. Haw. 2025).

Opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF HAWAII

JAMIE WILLIAMS, ET AL. ) Civil No. 23-00028 LEK-KJM ) Plaintiffs, ) FINDINGS AND ) RECOMMENDATION TO GRANT: vs. ) (1) JOINT PETITION FOR GOOD ) FAITH SETTLEMENT THE UNITED STATES OF ) DETERMINATION; AND AMERICA, ET AL., ) (2) PLAINTIFFS’ MOTION FOR ) APPROVAL OF SETTLEMENT OF Defendant. ) MINORS’ CLAIMS ________________________________ )

FINDINGS AND RECOMMENDATION TO GRANT: (1) JOINT PETITION FOR GOOD FAITH SETTLEMENT DETERMINATION; AND (2) PLAINTIFFS’ MOTION FOR APPROVAL OF SETTLEMENT OF MINORS’ CLAIMS

On August 1, 2025, Plaintiffs and Defendant United States of America (“Defendant”) filed a Joint Petition for Good Faith Settlement Determination (“Joint Petition”).1 ECF No. 87. On August 26, 2025, non-parties Ohana Military Communities, LLC (“Ohana”) and Hunt MH Property Management, LLC (“Hunt”) filed a Memorandum in Opposition to the Joint Petition. ECF No. 104. That same

1 The Joint Petition states that 112 plaintiffs remain in this case, including the 87 settling plaintiffs that are the subject of the Joint Petition. ECF No. 87-1 at 6. For purposes of conciseness, the Court does not list the names of all of the plaintiffs but collectively refers to them as “Plaintiffs” in this Order. At the hearing on the Joint Petition, Defendant clarified that there are now 107 plaintiffs: 87 who are the subject of the Joint Petition; two who have tentatively settled but are not the subject of the Joint Petition; and 18 who have not settled. day, non-parties CP IV Waterfront, LLC d/b/a Kapilina Beach Homes (“Kapilina”) and GREP Southwest, LLC (“GREP”), filed a Statement of Position to the Joint

Petition. ECF No. 105. On September 9, 2025, Defendant filed a Reply. ECF No. 132. On September 11, 2025, Plaintiffs filed a Reply. ECF No. 133. On August 1, 2025, Plaintiffs filed a Motion for Approval of Settlement of

Minors’ Claims (“Motion”). ECF No. 86. On September 18, 2025, Defendant filed a Response to the Motion. ECF No 142. Plaintiffs did not file a reply. On December 3, 2025, pursuant to the Court’s request, Plaintiffs filed a supplemental memorandum in support of the Motion. ECF No. 166.

On December 10, 2025, the Court held hearings on the Joint Petition and the Motion. ECF No. 169. Paul V.K. Smith, Esq., appeared on behalf of Plaintiffs. Eric A. Rey, Esq., and Lucas R. White, Esq., appeared on behalf of Defendant.

Randall C. Whattoff, Esq., appeared telephonically on behalf of Ohana and Hunt. Calvert G. Chipchase, Esq., and Lisa K. Swartzfager, Esq., appeared on behalf of Kapilina and GREP. After carefully considering the memoranda, applicable law, record in this

case, and arguments of counsel, the Court FINDS AND RECOMMENDS that the district court GRANT the Joint Petition and the Motion for the reasons set forth below. BACKGROUND I. The Instant Lawsuit—Williams, et al. v. United States, et al.

This matter is one of a number of cases filed in this district in which over 7,300 plaintiffs assert claims under the Federal Tort Claims Act (“FTCA”) against the United States arising from the 2021 releases of jet fuel at the Red Hill Bulk

Fuel Storage Facility (“Red Hill”). Plaintiffs filed their Complaint in January 2023. ECF No. 1. The operative pleading is the Second Amended Complaint. ECF No. 53. Therein, Plaintiffs allege that the November 2021 fuel release contaminated the drinking water system that supplied Plaintiffs’ homes, causing

them, among other things, physical injury, emotional distress, and loss of use and enjoyment of their properties. Id. at 18–22 ¶¶ 103–122. Plaintiffs assert FTCA claims for negligence, public/private nuisance, and negligent infliction of

emotional distress. Id. at 19–22 ¶¶ 110–122. To date, 107 Plaintiffs remain in this case. 87 Plaintiffs have reached a settlement of their claims against Defendant and seek a determination that the settlements were made in good faith. ECF No. 87 at 2; ECF No. 87-2 at 5–8 (list

of names of the 87 settling Plaintiffs and the settlement amounts for each Plaintiff). The trial date for the remaining non-settling Plaintiffs is April 12, 2027. ECF No. 165 at 2 ¶ 1. II. Feindt, et al. v. United States, Civil No. 22-00397 LEK-KJM In a related matter, Feindt, et al. v. United States, plaintiffs assert FTCA

claims against the United States related to the November 2021 fuel release. The district court conducted a ten-day bench trial for 17 bellwether plaintiffs beginning on April 29, 2024. Civil No. 22-00397 LEK-KJM, District of Haw. (“Feindt”),

ECF No. 633 at 1. The trial included, among other things, testimony from 20 retained experts, over 650 exhibits, and extensive pre- and post-trial briefing and other filings. ECF No. 87-1 at 7–8; ECF No. 87-2 at 3 ¶¶ 10–12. On May 7, 2025, the district court issued its Preliminary Findings of Fact

and Conclusions of Law (“Preliminary FOF/COL”). Feindt, ECF No. 621. On August 7, 2025, the district court issued its Findings of Fact and Conclusions of Law (“Final FOF/COL”), which consisted of 173 pages. Feindt, ECF No. 633. In

the Final FOF/COL, the district court awarded general damages for each bellwether plaintiff in amounts ranging from $3,000 to $75,000 “for pain and suffering and, in the case of some Plaintiffs, emotional distress[.]” Id. at 171–72 ¶ 29. In general, the minor bellwether plaintiffs received less than the adult

bellwether plaintiffs. See id. (awarding plaintiffs T.F. and D.J—both who were under two years of age as of the November 2021 spill—$3,000 to $5,000 and awarding adult plaintiffs Aubart, Dietz, Feindt, Jessup, and Witt $37,500 each).

The court also awarded $1,000 in hedonic damages to each bellwether plaintiff and special damages in varying amounts to five bellwether plaintiffs. Id. at 172–73 ¶¶ 30–34.

III. Related Cases Against Plaintiffs’ Landlords In addition to the FTCA cases filed against the United States, residents who received water from the Joint Base Pearl Harbor Hickam (“JBPHH”) water system

filed lawsuits against their landlords and property managers for lost rent and consumer protection issues. ECF No. 87-1 at 8–9 (citing Powell v. Ohana Military Cmtys., LLC, Civil No. 24-00184 LEK-KJM (D. Haw.); Island Palm Cmtys., LLC v. Amuro, Civil No. 24-00458 LEK-RT (D. Haw.), on appeal Case No. 25-2153

(9th Cir.); Lethgo v. CP IV Waterfront LLC d/b/a Kapilina Beach Homes, Case No. 1CCV-22-000005 (Cir. Ct. of the First Circuit, State of Haw.)). In addition, similar cases filed against landlords seek damages for personal injuries arising

from the November 2021 fuel release. Id. at 9 (citing Camp v. Ohana Military Cmtys., LLC, Civil No. 24-00003 LEK-KJM (D. Haw.); Bentley v. Hickam Cmtys., Civil No. 24-00007 LEK-KJM (D. Haw.)). Camp and Powell are putative class actions that, if certified, could include the settling Plaintiffs. Id.

The landlords include Ohana and Kapilina, which lease land from the United States to operate military housing communities. ECF No. 104 at 8; ECF No. 105 at 4. Hunt serves as the property manager for the communities leased by Ohana.

ECF No. 104 at 8. GREP is the property manager for the community leased by Kapilina. ECF No. 105 at 4. Pursuant to their lease and utility agreements with the United States, Ohana and Kapilina purchase water from the United States,

which is transported from the JBPHH water system to residents. See ECF No. 104 at 9; ECF No. 105 at 4. The defendants in Camp and Powell have served the United States with third-party complaints, asserting that the United States is liable

for the tenants’ claims. Camp, ECF No. 43; Powell, ECF No. 31. IV. Settlements in the Instant Lawsuit On May 30, 2025, pursuant to the parties’ request, the Court held a settlement conference. ECF Nos. 80, 82. Although the parties did not reach a

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Jamie Williams, et al. v. The United States of America, et al., Counsel Stack Legal Research, https://law.counselstack.com/opinion/jamie-williams-et-al-v-the-united-states-of-america-et-al-hid-2025.