ARLENE M. CRUZ, Plaintiff,
v.
KAUMANA DRIVE PARTNERS, LLC, DBA LEGACY HILO REHABILITATION & NURSING CENTER; ANDRE HURST; BENJAMIN MEEKER, Defendants.
CIVIL No. 19-00255 JMS-KJM
United States District Court, D. Hawaii
October 14, 2021
FINDINGS AND RECOMMENDATION TO GRANT DEFENDANT KAUMANA DRIVE PARTNERS, LLC AND PLAINTIFF ARLENE M. CRUZ'S JOINT PETITION FOR FINDING OF GOOD FAITH SETTLEMENT PURSUANT TO HRS § 663-15.5
Kenneth J. Mansfield, Magistrate Judge.
On September 14, 2021, Defendant Kaumana Drive Partners, LLC (“Defendant Company”), and Plaintiff Arlene M. Cruz (“Plaintiff”) filed a Joint Petition for Finding of Good Faith Settlement (“Joint Petition”). ECF No. 82. The Joint Petition seeks a determination of good faith settlement pursuant to section 663-15.5 of the Hawaii Revised Statutes (“HRS”). See Id. at 2.
On October 14, 2021, the Court held a telephonic hearing on the Joint Petition. Peter C. Hsieh, Esq., appeared on behalf of Plaintiff. Carl H. Osaki, Esq., appeared on behalf of Defendant Company and Defendants Andre Hurst and Benjamin Meeker (“Individual Defendants”). After carefully considering the
submissions of the parties and the relevant legal authority, the Court FINDS and RECOMMENDS that the district court GRANT the Joint Petition for the reasons set forth below.
BACKGROUND
This action arises from Plaintiff's employment at Defendant Company, where she was, among other roles, Human Resources Director. ECF No. 36 at 8. Plaintiff participated in a 2018 U.S. Department of Labor, Wage and Hour Division investigation to determine Defendant Company's compliance with the Fair Labor Standards Act. Id. at 9. Plaintiff alleged that Individual Defendants, the owners or officers of Defendant Company, decided to terminate Plaintiff's employment from Defendant Company for her involvement in the investigation. Id. at 8, 9.
On May 16, 2019, Plaintiff filed a Complaint for, among other things, wrongful termination. ECF No. 1. On October 18, 2019, the district court granted in part and denied in part the Individual Defendants' motion to dismiss. ECF Nos. 34. On November 18, 2019, Plaintiff filed a First Amended Complaint (“Amended Complaint”). ECF No. 36. On April 2, 2020, the district court granted in part and denied in part the Individual Defendants' motion to dismiss certain causes of action in the Amended Complaint. ECF No. 54. The district court dismissed only Plaintiff's claim for retaliatory termination under the Hawaii Whistleblowers' Protection Act as...
