Valerie Shipping Inc. v. Korea Line Singapore PTE, Ltd.

Filing 108

ORDER GRANTING 103 Joint Motion re Payment of Crew Wages. Signed by Judge Jeffrey S. White on May 6, 2011. (jswlc3, COURT STAFF) (Filed on 5/6/2011)

Case3:11-cv-00911-JSW Document103

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BRODSKY MICKLOW BULL & WEISS LLP
Edward M. Bull III, SBN 141996
2 Kurt Micklow, SBN 113974
384 Embarcadero West, Suite 200
3 Oakland California 94607
Telephone: [phone]
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Attorneys for Plaintiffs-In-Intervention
CREWMEMBERS

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UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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VALERIE SHIPPING, INC.,

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vs.

Plaintiff,

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KOREA LINE (SINGAPORE), PTE, LTD.
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Defendants.
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GLENN DELARRAZABAL, NELSON
CASTILLO, RAFFIE JUMAO-AS, PEDRO
VELORIA, JERRY DACLAN, WILLIAM
SORIANO, ANTHONY NAMORO,
ISAGANI VICTORIA, ROMEO BANAG,
ELMER SALVADOR, DONNIE
LEDESMA, EDWARD OGANA, ROBERT
DIAZ, CLIFFORD MERINGUEZ,
MICHAEL ROTO, VINEY BOLINAS,
DICK SAMIENTO, BILLY FAUSTINO,
DARRELL PARDILLO, SERGIO
CALUCIN AND ENGELBERTH
LAPLANA,
Plaintiffs-In-Intervention,

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vs.

THOME SHIP MANAGEMENT PTE, LTD,
KOREA LINE (SINGAPORE) PTE, LTD,
25 and DOES 1-50, in personam, and MT BLUE
JADE, and her engines, tackle, apparel, etc.,
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Defendants.
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CASE NO.: CV 11-0911 JSW
JOINT MOTION AND
[PROPOSED] ORDER FOR
PAYMENT OF
CREWMEMBERS

Case3:11-cv-00911-JSW Document103

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THE CURRENT PARTIES TO THIS ACTION, BY AND THROUGH THEIR

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ATTORNEYS OF RECORD HEREIN, HEREBY JOINTLY MOVE AND

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REQUEST THAT THE COURT ISSUE THE FOLLOWING ORDER ON THE

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MOTION TO PAY CREWMEMBERS CURRENTLY BEFORE THE COURT AS

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FOLLOWS:

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WHEREAS the Crewmembers and all other current parties agree to payment at
this time of the following amounts to the crewmembers:
1.

Wages for March 2011 in the amount of $79,509.50 (See the total set
forth on Exhibit “A” to the Declaration of Edward M. Bull III, less the

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pre-attachment wages, namely accumulated leave and prior month

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balance forward),

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2.

forth on Exhibit “B” to the Declaration of Edward M. Bull III), and

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Wages for April 2011 in the amount of $76,697.01 (See the total set

3.

Wages for May 1-6, 2011 in the amount of $15,339.40 (See Exhibit “C”
to the Declaration of Edward M. Bull III),

for a total immediate payment of $171,545.91; and
WHEREAS the Crewmembers and all other current parties agree to payment of

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Wages for the services of the crew after May 6, 2011 on a monthly basis, and at the

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same contractual rates as utilized to calculate the March and April wages (at a pro-rata

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daily rate), up to and until the time of the actual repatriation of the individual

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crewmembers; and

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WHEREAS the Crewmembers and all other current parties agree to payment of

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the actual cost of repatriation expenses at the time of repatriation (estimated at

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approximately $1,000 per crewmember); and

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WHEREAS the Crewmembers agree to reserve their remaining claims for pre-

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attachment and pre-arrest wages (including accumulated leave in the amount of

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$16,422.13 and prior month balance forward in the amount of $10,379.52 - see

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______________________________________________________________________________________________
JT MOTION AND PROPOSED ORDER TO PAY CREW
Case No.: CV 11-00911-JSW

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Case3:11-cv-00911-JSW Document103

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Exhibit “A” to the Declaration of Edward M. Bull III); for severance pay (estimated at
$64,136.28 - See Exhibit “C” to the Declaration of Edward M. Bull III), for penalty
wages, and for any other element of damages, to be resolved by agreement or
adjudicated at a later date.
SO MOVED.
DATED: May 6, 2011

BRODSKY MICKLOW BULL & WEISS LLP

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By: /S/ Edward M. Bull III
Edward M. Bull III
Kurt Micklow

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Attorneys for Intervening Plaintiff
CREWMEMBERS

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DATED: May 6, 2011

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By: /S/ James J. Tamulski
James J. Tamulski

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Attorneys for Substitute Custodian
NATIONAL MARITIME SERVICES, INC.

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EMARD DANOFF PORT TAMULSKI &
PAETZOLD LLP

DATED: May 6, 2011

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COX, WOOTTON, GRIFFIN, HANSEN &
POULOS, LLP
By: /S/ Max Lee Kelly
Gregory W. Poulos
Max Lee Kelly

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Attorneys for Plaintiff
VALERIE SHIPPING, INC

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DATED: May 6, 2011

KEESAL, YOUNG & LOGAN
By: /S/ James A. Marissen
James A. Marissen
Attorneys for Intervening Plaintiff
Nordea Bank Finland Plc

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______________________________________________________________________________________________
JT MOTION AND PROPOSED ORDER TO PAY CREW
Case No.: CV 11-00911-JSW

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Case3:11-cv-00911-JSW Document103

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ULTRAGAS INTERNATIONAL, S.A., which has not become involved in
vessel management issues to date, and does not plan to become so involved at this
time, has no objection to the relief sought by the substitute custodian and the crew,
and does not oppose the terms of the above motion or proposed order.

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DATED: May 6, 2011

FLYNN, DELICH & WISE LLP
By:

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Attorneys for Intervening Plaintiff
ULTRAGAS INTERNATIONAL, S.A.
Having heard oral argument on the
motion, Defendants having failed to
appear and file an opposition, and

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Maritime Services, Inc to pay the crew, and the above joint motin of the current
parties to the action, and good cause appearing thereon, IT IS HEREBY ORDERED
that:
1.

(a) Wages for March 2011 in the amount of $79,509.50, (b) Wages for

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April 2011 in the amount of $76,697.01 and (c) Wages for May 1-6,

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2011 in the amount of $15,339.40 (these payments shall be in the

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individual amounts set forth on Exhibits “A”, “B” & “C” to the

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Declaration of Edward M. Bull III, for a total immediate payment of

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Substitute Custodian NATIONAL MARITIME SERVICES, INC. Shall
make payment at this time of the following amounts to the crewmembers:

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ORDER

Having considered the moving and opposition papers on the motion by National

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/S/ Conte C. Cicala
Conte C. Cicala

$171,545.91);
2.

Substitute Custodian NATIONAL MARITIME SERVICES, INC. Shall
make payment of Wages for the services of the crew after May 6, 2011
on a monthly basis, and at the same contractual rates as utilized to

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______________________________________________________________________________________________
JT MOTION AND PROPOSED ORDER TO PAY CREW
Case No.: CV 11-00911-JSW

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Case3:11-cv-00911-JSW Document103

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calculate the March and April wages (on a pro-rata daily rate), up to and

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until the time of the actual repatriation of the individual crewmembers;
3.

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Substitute Custodian NATIONAL MARITIME SERVICES, INC. Shall
make payment the actual cost of repatriation expenses at the time of

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repatriation; and
4.

The above payments are deemed to be proper custodia legis expenses.

The substitute custodian shall meet and confer with counsel for the Crewmembers’ as
to the manner such payments shall be made, and the Crewmembers’ remaining claims
for pre-attachment and pre-arrest wages (including accumulated leave, prior month
balance forward and severance pay), for penalty wages, and for any other element of
damages, shall be reserved and resolved by agreement or adjudicated at a later date.

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IT IS SO ORDERED.

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DATED: _________________
May 6, 2011

_______________________________
The Honorable Jeffrey S. White
Untied States District Judge

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______________________________________________________________________________________________
JT MOTION AND PROPOSED ORDER TO PAY CREW
Case No.: CV 11-00911-JSW

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