Judge: Stuart M. Rice, Case: 23STCV31826, Date: 2025-03-17 Tentative Ruling

Case Number: 23STCV31826    Hearing Date: March 17, 2025    Dept: 1

Margaritis, Jr. vs. Curtin Maritime Corp. 

Case No. 23STCV31826 r/t 24LBCV00623

Hearing: March 17, 2025

TENTATIVE RULING

1.            In
reviewing your motion for preliminary approval of class action settlement, the
Court orders further briefing on the items set forth below. The hearing set for
March 17, 2025 remains on calendar and every effort should be made to
supplement your filing as necessary to address each item. An amended proposed
order should also be submitted to include a table or paragraph setting forth
the Gross Settlement Amount (GSA) less all estimated deductions and the
estimated Net Settlement Amount (NSA) that will be available for distribution
to the class. The Final Approval date of July 16, 2025, should also be included
in the Amended Order.

2.            The
settlement and notice are silent as to a max amount of attorney costs although
the proposed order states $20,000. Please revise settlement and notice
accordingly. 

3.            The
escalator clause at Settlement Agreement ¶8 provides Defendant with the option
“cut off the end date of the Class Period on the date that the total number of
Workweeks reaches 6,930.” However, the parties must resolve any uncertainty
regarding the Class Period end date prior to preliminary approval being granted
and notice being distributed. Based on current records, the parties and the
administrator must review and verify the workweek total and confirm the end
date of the Class Period, revise the Class Period definition if needed, and
remove the period-shortening option from the escalator clause. Ensure that the
notice is modified to match any alterations to the Settlement Agreement.

The Court hereby orders Counsel to file and serve an Amended
Settlement Agreement and Notice along with red-lined copies with revisions in
advance of the hearing if possible.