Kingman v. Atlantis Submarines Hawaii, LLC

── Kingman v. Atlantis Submarines Hawaii, LLC ── Court: Hawaii Intermediate Court of Appeals Date: April 23, 2026 Category: General NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 23-APR-2026 11:07 AM Dkt. 149 AMORD NO. CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI‘I ANDREW KINGMAN, Individually, Plaintiff-Appellant, v. ATLANTIS SUBMARINES HAWAII, LLC, a Delaware Limited Liability Company, Defendant-Appellee, and DOE DEFENDANTS 1-10, Defendants APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CASE NO. 1CCV-XX-XXXXXXX) AMENDED SUMMARY DISPOSITION ORDER (By: Leonard, Presiding Judge, McCullen and Guidry, JJ.) Plaintiff-Appellant Andrew Kingman (Kingman) appeals from the Final Judgment entered on September 18, 2023 by the Circuit Court of the First Circuit 1 (circuit court). The Final Judgment was entered in favor of Defendant-Appellee Atlantis Submarines Hawaii, LLC (Atlantis). 1 The Honorable John M. Tonaki presided.  NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER In the underlying case, Kingman filed his operative First Amended Complaint (Amended Complaint) in May 2021, which asserted various claims related to injuries that Kingman allegedly sustained while performing repair work on an Atlantis ocean vessel. A discovery dispute arose over conducting Kingman's deposition. The discovery deadline was March 23, 2023. Atlantis represented that, between December 6, 2022 and January 12, 2023, it attempted to schedule Kingman's deposition. On January 17, 2023, Atlantis noticed Kingman's deposition for January 26, 2023. On January 20, 2023 Kingman notified Atlantis that he would not appear. Atlantis attempted to secure an alternative date, but Kingman did not respond. Atlantis filed "[Atlantis' Motion to Compel Deposition of [Kingman]" (Motion to Compel) on February 2, 2023. 2 The circuit court sanctioned Kingman for his non- cooperation with Atlantis' requests to depose him. In March 2 We note that "[Kingman's] Memorandum in Opposition to [Atlantis'] Motion to Compel Deposition of [Kingman] Filed February 2, 2023 [Dkt 147]" made representations indicating Kingman resided in Texas: "Plaintiff's inability to travel to Hawaiʻi in the past five weeks"; "planning travel from Texas to Hawaiʻi takes time"; "Plaintiff was not available to travel to Hawaiʻi on the date unilaterally noticed"; "Plaintiff and counsel's inability to immediately travel to Hawaiʻi are not grounds for expenses under HRCP"; "Defendant has refused to reasonably accommodate Plaintiff who resides thousands of miles from the noticed law office in Honolulu"; and "Plaintiff only requests reasonable time to plan a trip to Hawaiʻi." During the hearing on the Motion to Compel, Atlantis asked for confirmation that Kingman lives in Texas. Kingman's counsel represented that Kingman still lives in Hawai‘i, and it is counsel that must travel. 2  NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER 2023, the circuit court entered its "Order Granting [Atlantis'] Motion to Compel Deposition of [Kingman] Filed February 2, 2023 [Dkt. No. 147]" (Order Compelling Deposition), which ordered Kingman "to appear for his oral deposition, in person, at the Honolulu, Hawaii offices of [Atlantis'] counsel." The circuit cour