Oyamot v. Kawailoa Dev., LLP
| Decision Date | 27 November 2019 |
| Docket Number | NO. CAAP-15-0000948,CAAP-15-0000948 |
| Citation | 453 P.3d 835 (Table) |
| Court | Hawaii Court of Appeals |
| Parties | Phannathon OYAMOT, Plaintiff-Appellant, v. KAWAILOA DEVELOPMENT, LLP doing business as Grand Hyatt Kauai Resort & Spa and Poipu Bay Golf Course, a Domestic Limited Liability Partnership and Jonathan Burger, Defendants-Appellees, and Stephanie Skow, M.D., Real Party In Interest-Appellee, and John Does 1-10 and Jane Does 1-10, Defendants |
On the briefs:
Stanford H. Masui, Erin B.J.H. Masui, for Phannathon Oyamot.
Barbara A. Petrus, for Jonathan Burger.
Stanley M. Chow, for Stephanie Skow, M.D.
(
MEMORANDUM OPINIONPlaintiff-Appellant Phannathon Oyamot (Oyamot ) appeals from a "Final Judgment" entered on November 23, 2015 by the Circuit Court of the Fifth Circuit (Circuit Court ).1 Oyamot also challenges "all orders referenced in said judgment,"2 an "Order Granting Movant Stephanie Skow, M.D.'s Motion to Quash Subpoena, or in the Alternative, Motion for Protective Order and for Award of Fees and Costs" (Order Granting Dr. Skow's Motion to Quash ) entered on October 5, 2015, and an (Order Denying Reconsideration of Dr. Skow's Motion to Quash ) entered on January 22, 2016, all by the Circuit Court.
On appeal, Oyamot contends that (1) "the court erred by not recusing itself due to apparent and actual bias, and conducted itself so as to deprive Ms. Oyamot of a fair trial[,]" (2) "the court erred and confirmed its bias by refusing to allow Plaintiff's case to be determined by the jury when the court granted Defendants'[3 ] [Hawai‘i Rules of Civil Procedure (HRCP ) ] rule 50[4 ] motion[s] for judgment as a matter of law despite clear admission by [Kawailoa and Hyatt's] witnesses of failure to investigate sexual harassment and disparate treatment of Plaintiff[,]" (3) "the court erred by hampering Plaintiff's ability for a fair trial by striking all of Plaintiff's crucial expert witnesses[,]" (4) "the court erred by striking Plaintiff's lay witnesses as sanctions against Plaintiff[,]" and (5) "the trial court committed numerous errors in rulings as to motions in limine with intent to eviscerate Plaintiff's case[.]"
For the reasons discussed below, we affirm in part, vacate in part, and remand for further proceedings.
This case arises from Oyamot's employment at the Grand Hyatt Kauai Resort & Spa (the Hotel ) where she worked as a cocktail server from March 2005 to December 2010, and also for one day in January 2011.5 Oyamot is a Thai national and, at the time of the incidents described herein, a resident of the County of Kauai.
From approximately August 31, 2008, through approximately July 18, 2010, Burger was the Beverage Manager at the Hotel and Oyamot's supervisor. In her "Second Amended Complaint," Oyamot alleges that during this time Burger made "disparaging statements about [Oyamot's] Thai ancestry" and "subjected [Oyamot] to inappropriate conduct of a sexual nature and disparate treatment of discipline[.]"
As a result of these alleged actions, Oyamot sought psychiatric care from, inter alia, psychiatrist Stephanie Skow, M.D. (Dr. Skow ) who is also an. Appellee in the instant case.
On June 27, 2011, Oyamot filed her Second Amended Complaint against Kawailoa, Hyatt, and Burger. In her Second Amended Complaint, Oyamot alleges that during her employment, she was subjected to (1) national origin discrimination in violation of Hawaii Revised Statutes (HRS ) § 378-2(1) (A) (Supp. 2008)6 (Count I ) (2) sexual harassment in violation of the same statute (Count II ), and (3) intentional infliction of emotional distress (IIED ) (Count III ).
On August 26, 2013, Oyamot filed her "Witness List" identifying, inter alia, Dr. Skow as an Expert Witness psychiatrist to testify regarding "[d]iagnosis, treatment prognosis, pain and suffering, distress, medical costs[.]"
On January 3, 2014, Kawailoa, Hyatt, and Burger filed a joint "Motion for Partial Summary Judgment as to [Oyamot's] Claims for Disparate Treatment Discrimination, Intentional Infliction of Emotional Distress, and Punitive Damages (Counts I, II, and III)" and a joint "Motion for Partial Summary Judgment on [Oyamot's] Claims for Sexual or National Origin Harassment, Intentional Infliction of Emotional Distress, and Punitive Damages (Counts I, II, and III)[.]"
On July 23, 2014, the Circuit Court denied both of the joint motions for partial summary judgment.
On August 1, 2014, Burger filed a motion for partial reconsideration of the Circuit Court's orders denying the joint motions for partial summary judgment, based on the Hawai‘i Supreme Court’s recent decision in Lales v. Wholesale Motors Co., 133 Hawai‘i 332, 344, 328 P.3d 341, 353 (2014) () Specifically, Burger requested that the Circuit Court dismiss "all discrimination, including the harassment claims" i.e., Counts I and II, against him.
On September 12, 2014, the Circuit Court entered an order granting Burger's motion for partial reconsideration, thereby dismissing Counts I and II against Burger. Oyamot does not challenge this order on appeal.
On May 8, 2015, Oyamot, Kawailoa, Hyatt, and Burger engaged in an unsuccessful settlement conference, in which Oyamot participated by telephone from Thailand.
On May 20 and 21, 2015, Kawailoa and Hyatt filed several motions in limine. The only motions relevant to the instant appeal are Kawailoa and Hyatt's "Motion in Limine No. 3 to Exclude the Testimony and Records of Dr. Steven Penner" (Dr. Penner )7 (Kawailoa and Hyatt's MIL 3 ) and Kawailoa and Hyatt's "Motion in Limine No. 4 to Exclude the Testimony and Records of Dr. Stephanie Skow" (Kawailoa and Hyatt's MIL 4 ).
On July 1, 2015, the Circuit Court held a hearing on the motions in limine and issued its oral rulings. The Circuit Court orally granted Kawailoa and Hyatt's MIL 3, and granted in part and denied in part Kawailoa and Hyatt's MIL 4.
On July 23, 2015, the parties participated in a second settlement conference (7/23/15 settlement conference ), which Oyamot attended in person. This conference was not successful, either.
Also on July 23, 2015, Oyamot filed a subpoena for the appearance of Dr. Skow as a witness at trial, requesting that she appear in court on September 4, 2015. However, Oyamot did not serve Dr. Skow on July 23, 2015.
On August 5, 2015, the Circuit Court entered its Order granting Kawailoa and Hyatt's MIL 3.
Also on August 5, 2015, the Circuit Court entered its Order granting in part and denying in part Kawailoa and Hyatt's MIL 4.
On August 7, 2015, Oyamot filed her "Motion to Recuse Judge Kathleen Watanabe" (Motion to Recuse ) attaching, inter alia , Declarations of herself and her counsel, Stanford H. Masui (Masui ).
On August 10, 2015, Oyamot filed her "Motion in Limine re: ‘Food Stamp Fraud Investigation’ and Records of Dept. of Human Services [ (DHS ) ] (Subpoenaed July 21, 2015, and July 22, 2015)" (Oyamot's MIL 4 ).8
On August 31, 2015, trial commenced on Counts I-III against Kawailoa and Hyatt and on Count III against Burger.
On September 1, 2015, Oyamot served Dr. Skow with the subpoena.
Also on September 1, 2015, Dr. Skow filed a "Motion to Quash Subpoena; or in the Alternative, Motion for Protective Order" (Motion to Quash ).
On September 4, 2015, the Circuit Court held a hearing on and orally granted Dr. Skow's Motion to Quash.
On September 8, 2015, Kawailoa and Hyatt filed a "Renewed Motion in Limine No. 4 To Exclude the Testimony and Records of Dr. Stephanie Skow" (Kawailoa and Hyatt's Renewed MIL 4 ). Burger joined the motion.
On September 11, 2015, the Circuit Court orally granted Kawailoa and Hyatt's Renewed MIL 4.9
On September 15, 2015, the Circuit Court entered an order denying Oyamot's Motion to Recuse.
On September 17, 2015 at trial, Kawailoa and Hyatt moved for directed verdict pursuant to HRCP Rule 50 on all Counts. Burger joined. Following arguments by the parties, the Circuit Court orally granted the motions for directed verdict "in favor of all defendants and in favor of all claims." On October 5, 2015, the Circuit Court entered its Order Granting Dr. Skow's Motion to Quash. The Circuit Court's Order granted the Motion to Quash by releasing Dr. Skow from the subpoena filed on July 23, 2015 and awarded fees and costs in the amount of $4,045.47 to Dr. Skow to be paid by Oyamot.
On October 21, 2015, Oyamot filed an
On October 27, 2015, the Circuit Court entered its written "Order Granting Defendant Jonathan Burger's Motion for Judgment as a Matter of Law Under Rule 50 of the Hawai‘i Rules of Civil Procedure" (Burger JMOL Order ) and written "Order Granting Defendants Kawailoa Development LLP and Hyatt Corporation's Motion for Judgment as a Matter of Law Under Rule 50 of the Hawai‘i Rules of Civil Procedure" (Kawailoa and Hyatt JMOL Order ) (collectively, the JMOL Orders ).
On November 23, 2015, the Circuit Court entered its Final Judgment.
On December 22, 2015, Oyamot timely appealed.
On January 22, 2016, the Circuit Court entered its Order Denying Reconsideration of Dr. Skow’s Motion to Quash.
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