July 11, 2025 -- Morning
1st A/E Patrick Lowe Found Unconscious
Involved: Capt. Tim Kalke, 2nd Mate Craig Campbell (Medical Officer), 1st A/E Patrick Lowe
Lowe found unconscious and unresponsive in his room, covered in a brown substance.
Captain Kalke and the ship's designated Medical Officer (2nd Mate Campbell) immediately
responded to assess the scene and evaluate the patient's condition.
WHY IT MATTERS: Establishes Tim responded immediately and followed protocol by involving the designated Medical Officer.
July 11, 2025 -- Morning
Tim Contacts HealthForce Medical Advisors
TIM'S ACCOUNT
Involved: Capt. Tim Kalke, HealthForce Partners, USCG Flight Surgeon
Tim contacted HealthForce (Matson's contracted medical advisory service), who in turn
consulted with a USCG Flight Surgeon. Professional medical determination: patient is
stable, no medevac required.
WHY IT MATTERS: Tim sought professional medical guidance from the company's own designated medical advisors. He did not make unilateral medical decisions -- he followed the chain.
July 11, 2025 -- Morning
Captain and Crew Inspect Lowe's Quarters
TIM'S ACCOUNT
Involved: Capt. Tim Kalke, crew members
Tim and crew inspected Lowe's living quarters searching for any evidence of substance use.
Result: no contraband, no prescription medications, no alcohol found.
Note: this was a verbal report -- no written documentation has been located yet.
WHY IT MATTERS: Tim proactively investigated. The absence of contraband supports his judgment that there was no reasonable suspicion of substance abuse.
July 11, 2025
Ethan Creps (Director, Vessel Ops & Engineering) Agrees: No Test Required
TIM'S ACCOUNT
Involved: Capt. Tim Kalke, Ethan Creps (Director, Vessel Operations & Engineering -- Pacific)
Tim consulted with his direct superior, Ethan Creps. Creps agreed that a drug/alcohol
test was not required given the circumstances -- no evidence of substance involvement.
WHY IT MATTERS: Tim's direct management concurred with his on-scene judgment. This is critical -- the decision not to test was validated up the chain BEFORE any adverse action.
July 11, 2025 -- 6:49 PM
CRITICAL: Creps Email to 12 Matson Executives
VERIFIED
From: Ethan Creps (Director, Vessel Ops & Engineering) -- To: Lucey Keegan-Boes -- CC: 11 executives including VP Scott Hauck
Creps sends email summarizing the incident to senior leadership, including the VP who
would later sign the termination letter.
"No indications of trauma, Capt & crew inspected and found no contraband or
prescriptions to indicate substance abuse. Captain observed no reasonable suspicion
that would give probable cause for alcohol."
WHY IT MATTERS: This is the single most important document in the case. Matson's own Director of Vessel Operations told 12 executives -- in writing -- that there was no reasonable suspicion. VP Hauck was on this email. He cannot claim ignorance when he signed the termination 21 days later.
CONTRADICTION: Compare this email (July 11) with the termination letter (August 1).
Creps says "no reasonable suspicion" to Hauck. Hauck fires Tim for not testing.
These two positions cannot coexist.
July 12, 2025
Lowe Recovers, Walks Off Ship Unassisted
Involved: 1st A/E Patrick Lowe
Approximately 20 hours after being found unconscious, Lowe recovers sufficiently to
walk off the ship unassisted in Honolulu. He is transported to Queen's Medical Center
for further evaluation.
WHY IT MATTERS: Lowe's recovery is consistent with the eventual Rhabdomyolysis diagnosis (dehydration / heat-related), not acute intoxication. The timeline supports Tim's medical judgment.
July 13, 2025 -- 6:32 AM
MEBA Rep Confirms Rhabdomyolysis Diagnosis
VERIFIED
From: Luke Kaili (MEBA Union Representative) -- To: Capt. Tim Kalke
Kaili emails Tim with Lowe's hospital diagnosis.
Lowe was diagnosed with Rhabdomyolysis -- "a condition of muscle breakdown due to a combination
of issues such as dehydration, heat stroke, fatigue."
No mention of alcohol or substance involvement in the diagnosis.
WHY IT MATTERS: The actual medical diagnosis confirms Tim's on-scene assessment. Lowe's condition was medical (dehydration/heat), not substance-related. Tim's judgment was correct.
July 14, 2025
Maritime Legal Expert Confirms: Test Not Required
VERIFIED
From: Mark Meeker (Asst. General Counsel, American Maritime Safety) -- To: Capt. Tim Kalke
Meeker, a maritime regulatory legal expert, reviews the facts and provides his professional
legal opinion.
"Based on what I know of Mr. Lowe's situation, I agree that a drug test should not
have been conducted."
Cites specific federal regulations: 49 CFR 40.61(b)(3) and
46 CFR 16.250(b) -- the actual regulatory framework governing
reasonable-suspicion testing in the maritime industry.
WHY IT MATTERS: An independent maritime legal expert confirmed -- citing specific federal law -- that Tim's decision was legally correct. The regulations require reasonable suspicion. There was none. Testing without it would have been the violation.
July 14, 2025
Tim Orders Drug/Alcohol Test for Separate Injury -- PROVES COMPLIANCE
VERIFIED
Involved: Capt. Tim Kalke, Wiper Isaak Van Kempen III, Chief Mate Rubio
On the same voyage, Wiper Van Kempen suffers a hand laceration (a workplace injury
that triggers mandatory testing requirements). Tim's response:
CG-2692 filed: YES
Drug test within 32 hours: YES
Alcohol test within 2 hours: YES
Results: NEGATIVE
CG-2692B signed by: Chief Mate Rubio
WHY IT MATTERS: This is devastating to Matson's case. Three days after the Lowe incident, Tim conducted a textbook-perfect drug and alcohol test when the circumstances actually required one. He knows the rules. He follows them. He made a DELIBERATE, INFORMED decision that the Lowe incident did not meet the testing threshold -- and he was right.
July 18, 2025
Tim Relieved of Command
Involved: Capt. Tim Kalke, Matson management
Tim is relieved of command and removed from the M/V Manulani on the last day of the
voyage. He does not sign the V-37 Medical Log (departure before log closure).
WHY IT MATTERS: Matson acted before completing its own investigation. Tim was removed before the room search, before consulting legal experts, and despite their own Director having confirmed "no reasonable suspicion" seven days earlier.
Date TBD -- Post-Incident, Prior to Termination
Matson Room Search Finds Zero Contraband
TIM'S ACCOUNT
Involved: Brian Spillane (Matson management), Dan Massoni (Port Engineer)
After Tim's removal, Matson's Spillane and Port Engineer Massoni conduct a thorough
room search in Tacoma. Result: zero alcohol, zero contraband found.
(Based on Tim's verbal account of Massoni's report.)
WHY IT MATTERS: Matson's own post-incident investigation found nothing. Their investigation confirmed what Tim already determined on-scene -- there was no evidence of substance involvement.
August 1, 2025
VP Scott Hauck Signs Termination Letter
Signed by: Scott Hauck (VP, Vessel Operations & Engineering)
Hauck signs the termination letter. Four charges against Captain Kalke:
Charge 1: Failure to immediately notify
Charge 2: Failure to provide medical care
Charge 3: Failure to administer drug/alcohol test
Charge 4: Failure to properly document
The letter itself acknowledges that Lowe was "unresponsive" and had "loss of consciousness"
-- facts that are consistent with Rhabdomyolysis, not intoxication. The letter does
NOT acknowledge the Creps email, the HealthForce consultation, the room search results,
the Rhabdomyolysis diagnosis, or the legal opinion from Meeker.
WHY IT MATTERS: Every charge is contradicted by the documented evidence. Hauck -- who was CC'd on the Creps "no reasonable suspicion" email -- signed a termination letter that charges Tim with the exact decision Matson's own Director validated. This is the core of the wrongful termination claim.
FULL CIRCLE: Creps email (July 11) told Hauck there was no reasonable suspicion.
Hauck's termination letter (August 1) cites failure to test as a firing offense.
The same executive chain that approved the decision then punished it.