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Loretz v. Regal Stone

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


October 22, 2010

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.

ORDER REQUIRING SUPPLEMENTAL DECLARATIONS

This action stems from the allision of the cargo ship M/V COSCO BUSAN with the San Francisco-Oakland Bay Bridge on November 7, 2007. On September 3, 2010, the Court approved the settlement filed by Dungeness Crab skippers and crewmembers. ECF No. 264.

Audet & Partners, LLP ("Audet & Partners"), and Cotchett, Pitre & McCarthy ("CPM") (collectively, "Class Counsel") filed a Motion for Award of Attorneys' Fees, Costs, and Service Awards to the Named Plaintiffs. ECF No. 212.

Having considered the papers submitted, including the supplemental papers filed, the Court requires Class Counsel to file a declaration explaining the following:

In Class Counsel's opinion, what is the total potential recovery for the Class in this case?

In Class Counsel's opinion, how much money will Class members receive as a result of this settlement in excess of what they could have received through the claims process established by Regal Stone under the Oil Pollution Act of 1990 and the Lempert-Keene-Seastrand Oil Spill Prevention and Response Act?

How many Dungeness Crab skippers and crewmembers are part of the Class in this case?

To date, how many skippers and crewmembers have filed claims for recovery as a result of this settlement, and how much money have they asked for and/or received?

The declaration should be filed within seven (7) days of this Order. Defendants may file a declaration in response within twelve (12) days of this Order.

IT IS SO ORDERED.

20101022

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