Liberty Dialysis – Hawaii, LLC v. Health Management Network, Inc.

2026-08-28

Summary · law.co

Holding. The court approved the stipulation for dismissal of the appeal as to ILWU Local 142 Health and Welfare Trust, dismissing that party from the case, and denied as moot the motion to hold the appeal in abeyance.

In this appeal arising from a circuit court case involving dialysis providers and health management entities, the appellants and one of the third-party defendants reached a settlement. The parties filed a joint motion to pause the appellate proceedings to allow settlement discussions to continue, followed by a stipulation to dismiss the appeal as to that particular third-party defendant only. The appellate court found the stipulation complied with the applicable rules of appellate procedure and approved it.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

Settlement and dismissal of a third-party defendant during appeal
Compliance with appellate procedure rules for stipulated dismissal
Allocation of costs and attorney's fees in a partial dismissal

Procedural posture

This is an appeal from a first circuit court civil case in which the appellants and one third-party defendant sought to settle their dispute and remove that defendant from the ongoing appeal.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion · public domain

majority opinion

NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

Electronically Filed

Intermediate Court of Appeals

CAAP-XX-XXXXXXX

28-AUG-2026

08:02 AM

Dkt. 128 ORD

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAIʻI

LIBERTY DIALYSIS - HAWAII, LLC,

a foreign limited liability company, and

LIBERTY DIALYSIS - NORTH HAWAII, LLC,

a foreign limited liability company, Plaintiffs-Appellees,

HEALTH MANAGEMENT NETWORK, INC., a Nevada corporation, and

MULTIPLAN, INC., a New York corporation,

Defendants/Third-Party Plaintiffs-Appellants, and

HAWAII MAINLAND ADMINISTRATORS, LLC,

a foreign limited liability company, Defendant-Appellee, and AFL HOTEL AND RESTAURANT WORKERS HEALTH AND WELFARE TRUST FUND;

HAWAII TEAMSTERS HEALTH AND WELFARE SELF-FUNDED HMO MEDICAL

PLAN; ILWU LOCAL 142 HEALTH AND WELFARE TRUST;

UFCW-HAWAII FOOD EMPLOYERS HEALTH AND WELFARE TRUST FUND;

HAWAII TEAMSTERS HEALTH AND WELFARE TRUST

SELF-FUNDED COMPREHENSIVE (PPO) MEDICAL PLAN;

PAUL A. TOM, individually; and BENEFIT PLANS SOLUTIONS, INC.,

a Hawaii corporation, Third-Party Defendants-Appellees, and

JOHN DOES 1-10; JANE DOES 1-10; DOE CORPORATIONS 1-10;

DOE PARTNERSHIPS 1-10; and DOE ENTITIES 1-10, Defendants.

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT

(CIVIL NO. 1CC141002275)

NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

ORDER (1) APPROVING STIPULATION FOR DISMISSAL OF APPEAL

AS TO ILWU LOCAL 142 HEALTH AND WELFARE TRUST ONLY AND

(2) DENYING AS MOOT THE JOINT MOTION TO HOLD

APPEAL IN ABEYANCE DUE TO SETTLEMENT IN PRINCIPLE (By: Leonard, Presiding Judge, Wadsworth and McCullen, JJ.)

Upon consideration of Defendants/Third-Party

Plaintiffs-Appellants Health Management Network, Inc. and

Multiplan, Inc. (HMN-Multiplan) and Third-Party DefendantAppellee ILWU Local 142 Health and Welfare Trust's (ILWU Trust)

"ILWU Local 142 Health and Welfare Trust and HMN and Multiplan's

Joint Motion to Hold Appeal in Abeyance Due to Settlement in

Principle" (Joint Motion), filed July 2, 2026 (Docket 124), and

"Stipulation for Dismissal of Appeal as to ILWU Local 142 Health

and Welfare Trust Only" (Stipulation to Dismiss), filed

August 11, 2026 (Docket 126), the papers in support, and the

record and files herein, it appears that:

(1) On July 2, 2026, HMN-Multiplan and ILWU Trust

filed the Joint Motion requesting this court

"hold this appeal in abeyance for 60 days due to

settlement discussions between the undersigned

parties."

(2) On August 11, 2026, HMN-Multiplan and ILWU Trust

filed the Stipulation to Dismiss pursuant to

Hawaiʻi Rules of Appellate Procedure (HRAP)

Rule 42(b);

NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

a. The Stipulation to Dismiss provides that

"HMN-Multiplan and ILWU Trust stipulate and

agree to dismiss HMN-Multiplan's appeal, but

only as to Appellee ILWU Trust, and without

an award of costs or attorneys' fees to any

party";

b. The Stipulation to Dismiss disposes of all

HMN-Multiplan's claims against ILWU Trust;

c. The Stipulation to Dismiss "does not dispose

of or affect HMN-Multiplan's appeal or

claims as to the other appellees," ThirdParty Defendant-Appellee AFL Hotel and

Restaurant Workers Health and Welfare Trust

Fund; Third-Party Defendant-Appellee Hawaii

Teamsters Health and Welfare Trust; and

Third-Party Defendant-Appellee UFCW-Hawaii

Food Employers Health and Welfare Trust

Fund;

d. "ILWU Trust and HMN-Multiplan each agree to

bear their own costs of the appeal, as

defined in the HRAP"; and

e. The Stipulation to Dismiss is dated and

signed by HMN-Multiplan's counsel and ILWU

Trust's counsel.

NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

(3) No party filed an opposition to the Stipulation

to Dismiss. See HRAP Rule 27(a).

(4) This appeal was docketed on March 22, 2024.

(5) No payment is due.

The Stipulation to Dismiss complies with HRAP

Rule 42(b), which provides in relevant part, "If the parties to

a docketed appeal or other proceeding sign and file a

stipulation for dismissal, specifying the terms as to payment of

costs, and pay whatever fees are due, the case shall be

dismissed upon approval by the appellate court."

Therefore, IT IS ORDERED that the Stipulation to

Dismiss is approved. ILWU Trust is dismissed from this appeal,

and HMN-Multiplan and ILWU Trust shall bear their own attorneys'

fees and costs on appeal.

IT IS FURTHER ORDERED that the Joint Motion is denied

as moot.

DATED: Honolulu, Hawaiʻi, August 28, 2026.

/s/ Katherine G. Leonard

Presiding Judge

/s/ Clyde J. Wadsworth

Associate Judge

/s/ Sonja M.P. McCullen

Associate Judge