Minutes | Filed: September 28, 2026
| Entered: September 28, 2026
Hughes, et al v. The United States of America
P.I.: Other | Hawaii
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EO: ORDER REGARDING FAST TRACK TRIAL PRETRIAL STATEMENTS
  Feindt et al. v. United States, CV 22-00397 LEK-KJM ("Feindt"), and Hughes et al. v. United States, CV 24-00059 LEK-KJM ("Hughes"), are consolidated. See Feindt, Order Granting United States' Motion to Consolidate, filed 4/11/24 (dkt. no. 413); id., Minute Order - EO: Order Amending the Order Granting United States' Motion to Consolidate, filed 6/3/26 (dkt. no. 758) (removing a third case). The magistrate judge issued three orders on September 22, 2026, which severed Goshorn et al. v. United States, CV 26-00492 LEK-KJM ("Goshorn"); Fritz et al. v. United States, CV 26-00493 LEK-KJM ("Fritz"); and Leppert et al. v. United States, CV 26-00494 LEK-KJM ("Leppert") from Feindt and Hughes. See dkt. nos. 930 (severing Goshorn), 931 (severing Fritz), 932 (severing Leppert). All docket number references in this entering order will refer to the Feindt case docket, unless otherwise stated.
  On February 25, 2026, the magistrate judge approved the Stipulated Schedule and Fast Track Trial Process ("2/25/26 Stipulation and Order"). [Dkt. no. 682.] Therein, the parties agreed to a process that would streamline and expedite the trial process ("Fast Track Trial Process") and agreed to apply the Fast Track Trial Process to some of the non-jury trials on some of the plaintiffs' claims ("Fast Track Trials"). [2/25/26 Stip. & Order at ¶¶ I.4-5.]
  The parties must file consolidated pretrial statements, not to exceed three pages per plaintiff, prior to each Fast Track Trial. See, e.g., Stipulated Schedule for October 19, October 26, and November 9, 2026 Fast Track Trials, filed 6/15/26 (dkt. no. 776) ("6/15/26 Stip. & Order"), at pgs. 9, 11, 13. To assist this Court, the parties are DIRECTED to address the following issues in all pretrial statements related to any upcoming Fast Track Trial, including, but not limited to, the Fast Track Trials in Goshorn, Fritz, and Leppert:
-how each Fast Track Trial plaintiff is similar to or different from the seventeen individuals who were designated by the parties as bellwether plaintiffs and whose claims were litigated in the non-jury trial conducted from April 29, 2024 to May 13, 2024; cf. Findings of Fact and Conclusions of Law, filed 8/7/25 (dkt. no. 633), at 1 (naming the bellwether plaintiffs), available at 2025 WL 2254119;
-how each Fast Track Trial plaintiff is similar to or different from former plaintiffs that have since settled or current plaintiffs that are in the process of settling; and
-how the issues of causation, damages, and/or apportionment are implicated by each plaintiff's testimony and evidence.
This Court AMENDS the 6/15/26 Stipulation and Order to provide the parties no more than ten pages per plaintiff to address these issues. All pretrial statements related to any upcoming Fast Track Trial shall have the same limitation unless otherwise ordered by this Court.
  IT IS SO ORDERED.
Associated Cases: 1:22-cv-00397-LEK-KJM, 1:24-cv-00059-LEK-KJM(SENIOR JUDGE LESLIE E. KOBAYASHI)(cgc)