David Figueroa v. Bishop Joseph Ferrario, the Diocese of Honolulu the Church of Saint Anthony, in Kailua, Hawaii

999 F.2d 542 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. David FIGUEROA, Plaintiff-Appellant, v. Bishop Joseph FERRARIO, The Diocese of Honolulu; the Church of Saint Anthony, in Kailua, Hawaii, Defendants-Appellees. No. 91-16843. United States Court of Appeals, Ninth Circuit. Submitted June 18, 1993. * Decided July 6, 1993. Before: LAY, ** HUG, and SCHROEDER, Circuit Judges. 1 MEMORANDUM *** 2 The issues in this diversity case are (1) whether Figueroa's claims of battery, clergy malpractice, breach of fiduciary duty, and negligence are barred by the Hawaii statute of limitations, and (2) whether Figueroa's defamation claim fails because the alleged defamatory statements were privileged and the speaker did not speak with malice. 3 The district court granted the defendants' motion for summary judgment. The court's jurisdiction was based upon 28 U.S.C. § 1332 . We have jurisdiction over Figueroa's timely appeal pursuant to 28 U.S.C. § 1291 . 4 We review a grant…