Chelsea, LLC v. Regal Stone, Ltd. et al

Filing 209

STIPULATION AND ORDER re Limited Intervention of State Court Plaintiffs and Filing Motion for Preliminary Approval of Dungeness Crab Settlement. Signed by Judge Samuel Conti on 4/21/10. (tdm, COURT STAFF) (Filed on 4/21/2010)

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William M. Audet ([e-mail]) Michael McShane ([e-mail]) Adel A. Nadji ([e-mail]) AUDET & PARTNERS, LLP 221 Main Street, Suite 1460 San Francisco CA 94105 Telephone: [phone] Facsimile: 415.568.2556 Attorneys for Federal Plaintiffs and the Dungeness Crab Settlement Class

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Allen Loretz, individually and on behalf of all others similarly situated, Plaintiffs, v. Regal Stone, Ltd., Hanjin Shipping, Co., Ltd., Synergy Maritime, Ltd., Fleet Management Ltd., and John Cota, In Personam; M/V Cosco Busan, their engines, tackle, equipment, appurtenances, freights, and cargo In Rem, Defendants.

Case No. C 07-5800 SC

STIPULATION AND [PROPOSED] ORDER RE LIMITED INTERVENTION OF STATE COURT PLAINTIFFS AND FILING MOTION FOR PRELIMINARY APPROVAL OF DUNGENESS CRAB SETTLEMENT

STIPULATION AND [PROPOSED] ORDER RE LIMITED INTERVENTION OF STATE COURT PLAINTIFFS AND FILING MOTION FOR PRELIMINARY APPROVAL OF DUNGENESS CRAB SETTLEMENT

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WHEREAS, Plaintiff Allen Loretz ("Federal Court Plaintiff") alleges, through the instant action ("Federal Court Action"), claims for damages and injunctive and declaratory relief arising out of the Cosco Busan Oil Spill of November 7, 2007 ("CBOS") on behalf of a putative class of all commercial fishermen operating in the San Francisco Bay and surrounding ocean areas against Defendants Regal Stone Limited, Hanjin Shipping, Co., Ltd., Fleet Management Ltd., and John Cota, and the M/V Cosco Busan, in rem (collectively "Defendants"); WHEREAS, Plaintiffs John Tarantino, Steven Fitz, Sean Hodges, John Atkinson, Ernie Koepf, Kiu Phang, and Sau Phang ("State Court Plaintiffs," collectively with the Federal Court Plaintiff and Defendants, "Parties"), through an action filed in San Francisco Superior Court ("State Court Action"), allege claims for damages and injunctive and declaratory relief arising out of the CBOS on behalf of a putative class of all commercial fishermen operating in the San Francisco Bay and surrounding ocean areas against all of the Defendants, except the M/V Cosco Busan in rem; WHEREAS, Federal Court Plaintiff and State Court Plaintiffs have negotiated a proposed settlement ("Settlement") with Defendants Regal Stone Limited and Fleet Management Ltd.; WHEREAS, the Settlement is attached as Exhibit A to the Memorandum Of Law In Support of Plaintiffs' Motion For Preliminary Approval Of The Dungeness Crab Settlement, which is attached as Exhibit 1 to the Declaration of William Audet in support of the instant Stipulation and [Proposed] Order; WHEREAS, Plaintiffs' Motion For Preliminary Approval Of The Dungeness Crab Settlement is being separately filed herewith, along with other associated documents; WHEREAS, unless defined herein, all defined terms used herein shall be given the meanings defined in the Settlement; WHEREAS, the Settlement provides for the global resolution of the Released Claims of Dungeness Crab Settlement Class Members against Released Parties (which includes all

STIPULATION AND [PROPOSED] ORDER RE LIMITED INTERVENTION OF STATE COURT PLAINTIFFS AND FILING MOTION FOR PRELIMINARY APPROVAL OF DUNGENESS CRAB SETTLEMENT

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Defendants) made in both the State Court Action and the Federal Court Action; WHEREAS, the Settlement proposes the appointment, as Dungeness Crab Settlement Class Representatives, of Federal Court Plaintiff Allen Loretz, along with State Court Plaintiffs John Tarantino, Steven Fitz, Sean Hodges, and John Atkinson; WEREAS, the Settlement proposes the appointment, as Class Counsel on behalf of the Dungeness Crab Settlement Class, counsel for Federal Court Plaintiffs, William M. Audet of Audet & Partners, LLP, and counsel for the State Court Plaintiffs, Frank M. Pitre of Cotchett Pitre & McCarthy; WHEREAS, neither the Defendants nor the Federal Court Plaintiff object to the intervention by State Court Plaintiffs in the instant action for the limited purposes of participation in proceedings related to Court approval of the Settlement and any related application for award of attorneys' fees and reimbursement of costs; WHEREAS, the Defendants therein have are not opposed to Plaintiffs' Motion For Preliminary Approval Of The Dungeness Crab Settlement; and WHEREAS, no Party requests leave to make oral argument in support or opposition to Plaintiffs' Motion For Preliminary Approval Of The Dungeness Crab Settlement; NOW, WHEREFORE, PURSANT TO CIVIL L.R. 7-1(a) AND 7-12, DEFENDANTS, FEDERAL COURT PLAINTIFF, STATE COURT PLAINTIFFS, HEREBY STIPULATE AND AGREE, SUBJECT TO THE COURT'S APPROVAL: 1. State Court Plaintiffs may intervene in the instant action pursuant to Federal

Rule of Civil Procedure 24 for the limited purposes of participation in proceedings related to Court approval of the Settlement and any related application for award of attorneys' fees and reimbursement of costs; 2. Notwithstanding Civil L.R. 7-2(a), Federal Court Plaintiff may file Plaintiffs'

Motion For Preliminary Approval Of The Dungeness Crab Settlement without noticing the Motion on the Court's motion calendar; 3. The instant Stipulation and [Proposed] Order shall constitute a Statement of

Nonopposition by each Defendant to Plaintiffs' Motion For Preliminary Approval Of The
STIPULATION AND [PROPOSED] ORDER RE LIMITED INTERVENTION OF STATE COURT PLAINTIFFS AND FILING MOTION FOR PRELIMINARY APPROVAL OF DUNGENESS CRAB SETTLEMENT

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Dungeness Crab Settlement pursuant to Civil L.R. 7-3(b). Although Defendants do not oppose Plaintiffs' Motion for Preliminary Approval, they do not necessarily agree to or adopt the representations or characterizations of fact as presented by Plaintiffs in their Motion. 4. Neither Federal Court Plaintiff nor State Court Plaintiffs shall file any reply in

support of Plaintiffs' Motion For Preliminary Approval Of The Dungeness Crab Settlement; 5. Upon its filing with the Court, Plaintiffs' Motion For Preliminary Approval Of

The Dungeness Crab Settlement shall be deemed under submission to the Court; and 6. No hearing on the Motion For Preliminary Approval Of The Dungeness Crab

Settlement shall held, unless the Court separately orders that such a hearing be held. IT IS SO STIPULATED. Dated: April 9, 2010 AUDET & PARTNERS, LLP /s/ William M. Audet William M. Audet Michael McShane Adel J. Nadji 221 Main Street, Suite 1460 San Francisco, CA 94105 Telephone: [phone] Facsimile: 415.568.2556 Counsel For Federal Court Plaintiff And Proposed Class Counsel On Behalf Of Dungeness Crab Settlement Class Dated: April 9, 2010 COTCHETT, PITRE & MCCARTHY /s/ Frank M. Pitre Frank M. Pitre Stuart G. Gross Daniel R. Sterrett San Francisco Airport Office Center 840 Malcolm Road, Suite 200 Burlingame, CA 94010 Telephone: [phone] Facsimile: 650.697.0577 Counsel For State Court Plaintiffs And Proposed Class Counsel On Behalf Of Dungeness Crab Settlement Class
STIPULATION AND [PROPOSED] ORDER RE LIMITED INTERVENTION OF STATE COURT PLAINTIFFS AND FILING MOTION FOR PRELIMINARY APPROVAL OF DUNGENESS CRAB SETTLEMENT

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Dated: April 9, 2010

KEESAL, YOUNG & LOGAN PC

/s/ Joseph A. Walsh II Joseph A. Walsh II Julie L. Taylor Julie A. Kole 450 Pacific Avenue San Francisco, CA 94133 Telephone: [phone] Facsimile: 415.981.0136 Counsel For Defendants Regal Stone Limited and Fleet Management Ltd.

Dated: April 9, 2010

FLYNN, DELICH & WISE LLP /s/ Erich P. Wise Erich P. Wise Conte C. Cicala One California Street, Suite 350 San Francisco CA 94111 Telephone: [phone] Facsimile: 415.693.0410 Counsel For Defendant Hanjin Shipping, Co.

Dated: April 9, 2010

COPPENRATH & ASSOCIATES LLP /s/ Walter Coppenrath Walter Coppenrath George Jones 400 Oceangate, Ste. 700 Long Beach, CA 90802 Telephone: [phone] Facsimile: 562.685-0460 Counsel For Defendant John Cota

PURSUANT TO THE ABOVE STIPULATION, IT IS SO ORDERED.

DATED:

, 2010

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STIPULATION AND [PROPOSED] ORDER RE LIMITED INTERVENTION OF STATE COURT PLAINTIFFS AND FILING MOTION FOR PRELIMINARY APPROVAL OF DUNGENESS CRAB SETTLEMENT

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O IT IS S The Honorable Samuel Conti United States District Judge i
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