WHITE v. SABATINO

Civ. Nos. 04-00500 ACK/LEK, 05-00025 ACK/LEK.

526 F.Supp.2d 1135 (2007)

Sarah C. WHITE, Individually and as Special Administrator of the Estate of Stefan Bournakel, Deceased, and as Next Friend of Nicos Robert Bournakel, a minor, Plaintiffs, v. Carol Ann SABATINO, Bob's Maui Dive Shop, Inc. dba Maui Dive Shop, a Hawaii Corporation; 3090 Incorporated, a Hawaii Corporation; Ronald E. Wallach; County of Maui; Franklyn L. Silva, Individually and in his capacity as Director of the Department of Liquor Control, County of Maui; Wayne M. Pagan, Individually and in his capacity as Deputy Director of the Department of Liquor Control, County of Maui; John Does 1-20; Jane Does 1-20; Doe Corporations 1-20; Doe Partnerships 1-20; Doe Associates 1-20; Doe Governmental Agencies 1-20; and Other Entities 1-20, In Personam and M/V Alii Nui O.N. 567359 In Rem, Defendants. Franklyn Silva, Wayne M. Pagan, and County of Maui, Cross-claimants, v. Carol Ann Sabatino, Robert Wallach, Bob's Maui Dive Shop, Inc. dba Maui Dive Shop, a Hawaii Corporation; and 3090 Incorporated, a Hawaii Corporation, Cross-Defendants. Franklyn L. Silva, Wayne M. Pagan, County of Maui, Third-Party Plaintiffs, v. Carol Ann Sabatino, Third-Party Defendant. In the Matter of the Complaint of 3090, Incorporated, a Hawaii Corporation as owners of the M/V Alii Nui O.N. 567359, for Exoneration from and/or Limitation of Liability.

United States District Court, D. Hawai`i.

June 29, 2007.


Attorney(s) appearing for the Case

Carol Ann Sabatino, Pro Se.

Eve M. Green, Eve M. Green Esq., Wailuku, HI, Denise M. Hevicon, Earl I. Anzai, Law Offices of Earl I. Anzai, Glenn H. Uesugi, Michael Jay Green, Honolulu, HI, for Plaintiffs/Claimant.

Brianne L. Ornellas, Lyons Brandt Cook & Hiramatsu, Honolulu, HI, for Claimant/Cross Claimant/Cross Defendant.

Emily A. Gardner, Lesser & Associates, PLC, Redondo Beach, CA, for Defendants.

Madelyn S. D'Enbeau, Department of the Corporation Counsel, Wailuku, HI, for Defendants/Cross Claimant/Third-Party Plaintiff.

Jacqueline E. Thurston, Terrance Matthew Revere, Motooka Yamamoto & Revere LLC, Honolulu, HI, for Defendants/Claimant/Cross Claimant/Cross Defendant.

Jeana Sciarappa Schott, Lesser & Associates PLC, Redondo Beach, CA, for Cross Defendant.

David A. Gruebner, Jeffrey H.K. Sia, Ayabe Chong Nishimoto Sia & Nakamura, Honolulu, HI, Richard A. Lesser, Steven M. McGuire, Michele N. Bass, Lesser & Associates, PLC, Redondo Beach, .CA, for Defendants/Cross Defendant.

Jason P. Healey, Motooka Yamamoto & Revere LLC, Honolulu, HI, for Cross Claimant/Cross Defendant.


ORDER REJECTING FINDINGS AND RECOMMENDATION TO GRANT DEFENDANT BOB'S MAUI DIVE SHOP'S PETITION FOR DETERMINATION OF GOOD FAITH SETTLEMENT AND FINDING SETTLEMENT IS GOVERNED BY ADMIRALTY LAW

ALAN C. KAY, Sr., District Judge.

BACKGROUND1

On February 13, 2004, an automobile driven by Defendant Carol Ann Sabatino collided with a car driven by Stefan Bournakel, who died as a result of the...

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