Minutes | Filed: July 01, 2026
| Entered: July 01, 2026
Scutt v. UnitedHealthcare Insurance Co. et al
Civil Rights: Americans with Disabilities - Other | Hawaii
Link Order on Motion for Miscellaneous Relief Order on Motion to Seal Document
EO: On 6/29/2026, pro se Plaintiff Jason Scutt ("Plaintiff") filed the following:
 1. [ECF 120 ] Application to Proceed in District Court Without Prepaying Fees or Costs and Request for Appointment of Counsel ("IFP Application & Motion to Appoint Counsel");
 2. [ECF 121 ] Motion for Relief from Stipulated Dismissal and Judgment and to Reopen Action; To Set Aside/Rescind Settlement ("Motion for Relief");
 3. [ECF 122 ] Request for Disability Accommodation; Leave to File and be Served Electronically and to Meet and Confer by Email ("Request"); and
 4. [ECF 123 ] Motion to Seal Confidential Settlement Materials and Protected Medical Information ("Motion to Seal") (collectively "Motions").
(collectively, "Motions"). These Motions were preceded by [ECF 119 ] Plaintiff's Notice of Lodging and Service of Exhibits 1-9 in Support of Motion for Relief from Judgment ("Notice"), which was filed on 6/22/2026. Because the Notice improperly includes the Confidential Settlement Agreement and General Release, the Court DIRECTS the Clerk's Office to designate said Notice as "Court Only." Id. at PageID.1108-1116. Likewise, because Plaintiff improperly discloses the terms of the confidential settlement in [ECF 121 ] Motion for Relief, Court DIRECTS the Clerk's Office to designate said Motion for Relief as "Court Only." ECF No. 121 at PageID.1184 &1196-1197.
The thrust of Plaintiff's filings, but in particular, [ECF 121 ] Motion for Relief, alleges a breach of the settlement agreement between the parties. Id. at PageID.1194-1196. Plaintiff requests, amongst other things, that the Court vacate the stipulated dismissal with prejudice and reopen this action, or alternatively set aside and rescind the settlement agreement and release and permit Plaintiff to file a third amended complaint. Id.
Well over three (3) years ago, this case was dismissed with prejudice on 10/26/2022. ECF No. 116. Under both federal and Hawaii state law, the proper course of action upon breach of a confidential settlement following dismissal with prejudice is to file an independent, separate action for breach of contract or specific performance. See Kokkonen v. Guardian Life Ins. Co. of America, 511 U.S. 375 (1994) (enforcement of a settlement agreement requires is own basis of jurisdiction and is not a continuation of the dismissed lawsuit); Amantiad v. Odum, 90 Hawaii 152 (1999). The Ninth Circuit has noted that normally upon repudiation of a settlement agreement, as is alleged by Plaintiff here, the frustrated party may sue anew for breach of the agreement. Keeling v. Sheet Metal Workers Inter. Ass'n, Local Union,162, 937 F.2d 408, 410 (1991). Alternatively, a party may move under Rule 60(b) of the Federal Rules of Civil Procedure ("FRCP") to vacate the dismissal order and reopen the underlying litigation, though this remedy is reserved for exceptional circumstances such as fraud. Id. Here, Plaintiff has not filed a separate action. In addition, Plaintiff has failed to demonstrate exceptional circumstances exist which warrant relief under FRCP 60.
Because this case has been dismissed and Plaintiff must file an independent, separate action to litigate his claims related to the enforcement of the settlement agreement, the Court FINDS and RECOMMENDS that the [ECF 120 ] IFP Application & Motion to Appoint Counsel and [ECF
Minutes | Filed: July 01, 2026
| Entered: July 01, 2026
United States of America v. Albert C. Kobayashi, Inc. et al
Civil Rights: Other | Hawaii
Telephone Conference
EP: Further Confidential Status Conference held by video conference.
Discussions ongoing.
A further confidential status conference is set for August 26, 2026 at 8:30 a.m. (HST) via video teleconference.
(ZOOM - No Record / 8:30 am - 8:56 am)
(MAGISTRATE JUDGE BARRY M. KURREN)
(jo)