Patrickson v. Dole Food Company, Inc.

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 20-OCT-2025 08:00 AM Dkt. 180 ODMR

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I

GERARDO DENNIS PATRICKSON; BENIGNO TORRES HERNANDEZ; FERNANDO JIMENEZ ARIAS; ELIAS ESPINOSA MERELO; ALIRIO MANUEL MENDEZ; and CARLOS HUMBERTO RIVERA, individually and on behalf of others similarly situated, Plaintiffs-Appellants, v. DOLE FOOD COMPANY, INC., Defendant/Third-Party Plaintiff- Appellee, DOLE FRESH FRUIT COMPANY; SHELL OIL COMPANY; DOW CHEMICAL COMPANY; OCCIDENTAL CHEMICAL CORPORATION, (individually and as successor to Occidental Chemical Company and Occidental Chemical Agricultural Products, Inc., Hooker Chemical and Plastics, Occidental Chemical Company of Texas and Best Fertilizer Company); STANDARD FRUIT COMPANY; STANDARD FRUIT AND STEAMSHIP COMPANY; DEL MONTE FRESH PRODUCE N.A., INC.; DEL MONTE FRESH PRODUCE (HAWAI‘I) INC. (previously incorrectly named as Del Monte Fresh Produce Hawai‘i, Inc.), Defendants-Appellees, and DEAD SEA BROMINE CO, LTD.; BROMINE COMPOUNDS, LIMITED, Third-Party Defendants-Appellees, and JOHN DOES 1-10; JANE DOES 1-10; DOE PARTNERSHIPS 1-10; and DOE CORPORATIONS 1-10, Defendants

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CASE NO. 1CC071000047)

ORDER DENYING MOTION FOR RECONSIDERATION (By: Nakasone, Chief Judge, McCullen and Guidry, JJ.) NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER

Upon consideration of the "Plaintiffs-Appellants

Gerardo Dennis Patrickson; Benigno Torres Hernandez; Fernando

Jimenez Arias; Alirio Manuel Mendez; and Carlos Humberto

Rivera's [(Plaintiffs)] Motion for Reconsideration and/or

Clarification from the Intermediate Court of Appeals Memorandum

Opinion Filed on September 22, 2025" (Motion), filed on

October 2, 2025, pursuant to Hawaiʻi Rules of Appellate Procedure

(HRAP) Rule 40, it appears that:

(1) the Plaintiffs move for reconsideration and/or

clarification of the court's Memorandum Opinion, filed on

September 22, 2025; and

(2) the Motion presents no point of law or fact that

this court overlooked or misapprehended. See HRAP Rule 40(b).

Therefore, IT IS HEREBY ORDERED that the Motion is

denied.

DATED: Honolulu, Hawai‘i, October 20, 2025.

/s/ Karen T. Nakasone Chief Judge

/s/ Sonja M.P. McCullen Associate Judge

/s/ Kimberly T. Guidry Associate Judge