-AJW Sugeng Priyanto v. M/S Amsterdam et al, No. 2:2007cv03811 - Document 330 (C.D. Cal. 2011)

Court Description: SETTLEMENT ORDER AND FINAL JUDGMENT by Judge A. Howard Matz, in favor of class plaintiffs against Defendants Holland AmericaLine Inc. et al. the Court hereby approves Class Counsel's Fee and Cost Application and awards to Class Counsel fees and costs of $1,295,465.00. (MD JS-6, Case Terminated). (kbr)

Download PDF
-AJW Sugeng Priyanto v. M/S Amsterdam et al Doc. 330 1 2 JS-6 3 4 5 6 7 8 9 10 11 12 IN THE UNITED STATES DISTRICT COURT THE CENTRAL DISTRICT OF CALIFORNIA 13 SUGENG PRIYANTO and AGUS EKO ) Case No. CV 07-03811 AHM (AJWx) ) 14 SUYANTO, individually and on behalf of ) IN ADMIRALTY all other similarly-situated seafarers, 15 16 17 18 19 20 21 22 23 ) ) Plaintiffs, ) ) ) vs. ) ) M/S AMSTERDAM, HOLLAND ) AMERICA LINE N.V., and HOLLAND ) AMERICA LINE INC., ) ) Defendants. ) ) ) ) Complaint filed: June 12, 2007 Hon. A. Howard Matz SETTLEMENT ORDER AND FINAL JUDGMENT THIS MATTER came before the Court for final approval of the proposed 24 class settlement, as last amended on September 20, 2011 (the “Settlement”). The 25 Court has considered all papers filed and proceedings in this matter and is fully 26 informed regarding the facts surrounding the proposed Settlement. Based upon this 27 information, the Court has determined to approve the proposed Settlement as fair 28 and reasonable. The Court hereby enters this Final Judgment, which constitutes a 1 SETTLEMENT ORDER AND FINAL JUDGMENT CV 07-03811 AHM (AJWx) DWT 18464702v1 0020397-000084 Dockets.Justia.com 1 final adjudication on the merits of all claims of the Settlement Class described 2 below with respect to their employment on Holland America Line vessels within the 3 Class Period. 4 On March 10, 2011, this Court granted preliminary approval to the proposed 5 class action Settlement between Class Plaintiffs and Defendants Holland America 6 Line Inc. et al. (“HAL”). The Proposed Settlement resolves all of the Class’s claims 7 against HAL in exchange for HAL’s promise to compensate Class members as set 8 forth in the Settlement Agreement. On September 20, 2011, the parties filed a 9 Status Report on Settlement Improvements [Dkt. 321], which described certain 10 enhancements to the Settlement negotiated by the parties. On September 26, 2011, 11 this Court held a fairness hearing to consider whether to grant final approval to the 12 Settlement and to consider Class Counsel’s application for an award of attorneys’ 13 fees and costs. The Court heard and considered argument from the parties, no others 14 having appeared to voice support for, or objection to, the Settlement. The Court 15 then took the matter under submission pending the filing of a status report 16 concerning (a) supplemental notice to seven opt-outs from the Class and (b) updated 17 revisions to settlement amounts. The parties filed the required status report on 18 October 18, 2011 [Dkt. 328]. 19 Having read, reviewed and considered the papers filed in support of and in 20 opposition to final approval of the Settlement, including the declarations submitted 21 by counsel and the Class Representatives, and oral arguments of counsel, along with 22 Class Counsel’s Fee and Cost Application, the Amended Settlement Agreement and 23 Release of Claims, and the pleadings, it is hereby 24 ORDERED, ADJUDGED AND DECREED that: 25 1. The definitions and provisions of the Amended Settlement Agreement 26 and the Notice of Pendency of Class Action and Proposed Settlement are hereby 27 incorporated as though fully set forth herein. 28 2 SETTLEMENT ORDER AND FINAL JUDGMENT CV 07-03811 AHM (AJWx) DWT 18464702v1 0020397-000084 1 2. This Court has jurisdiction over the subject matter of the Amended 2 Settlement Agreement with respect to and over all parties to the Amended 3 Settlement Agreement, including all members of the Settlement Class. 4 3. The Court approves the Settlement and finds that, as amended, the 5 Settlement is, in all respects, fair, reasonable, and adequate to the Plaintiff 6 Settlement Class, within the authority of the parties, and the result of extensive 7 arm’s length negotiations, including over three mediation sessions lasting more than 8 twenty hours. 9 4. This Court confirms that the proposed Settlement Class satisfies the 10 requirements of Fed. Rule Civ. P. 23, as found in the Court’s Preliminary Approval 11 Order. Accordingly, this Court makes final its March 10, 2011, Order Conditionally 12 Certifying Settlement Class. 13 5. Four members of the Class have timely requested to be excluded from 14 the Class and the Settlement. (Three other members of the Class initially requested 15 exclusion but withdrew their exclusion requests in response to a supplemental notice 16 directed by the Court. See Dkt. 328.) Exhibit A, attached hereto, lists the Class 17 members who timely requested exclusion from the Class. This Order shall not bind 18 or affect Class members listed on Exhibit A. 19 6. The Court hereby grants final approval to the Settlement and finds that, 20 as amended, it is fair, reasonable and adequate, and in the best interests of the Class 21 as a whole. The Court has considered and hereby overrules all objections brought to 22 the Court’s attention, whether properly filed or not. 23 7. Neither this Final Judgment nor the Amended Settlement Agreement is 24 an admission or concession by HAL of the validity of any claims or of any liability 25 or wrongdoing or of any violation of law. This Final Judgment and the Amended 26 Settlement Agreement do not constitute a concession and shall not be used as an 27 admission or indication of any wrongdoing, fault or omission by HAL or any other 28 person in connection with any transaction, event or occurrence, and neither this 3 SETTLEMENT ORDER AND FINAL JUDGMENT CV 07-03811 AHM (AJWx) DWT 18464702v1 0020397-000084 1 Final Judgment nor the Amended Settlement Agreement nor any related documents 2 in this proceeding, nor any reports or accounts thereof, shall be offered or received 3 in evidence in any civil, criminal, or administrative action or proceeding, other than 4 such proceedings as may be necessary to consummate or enforce this Final 5 Judgment, the Amended Settlement Agreement, and all releases given thereunder, or 6 to establish the affirmative defenses of res judicata or collateral estoppel barring the 7 pursuit of claims released in the Amended Settlement Agreement. 8 8. This Court hereby dismisses with prejudice all claims of members of 9 the Settlement Class that have been, or could have been, alleged in the Actions 10 relating in any way to (a) payment of wages, including gratuities or service charges, 11 prior to the date of the Parties’ agreement, or (b) the reimbursement of deployment 12 costs or other employment-related expenses prior to the date of the Parties’ 13 agreement. 14 9. Class Representatives Priyanto, Suyanto, Brand, Martahan, Santoso, 15 Surono, Junaedem, Zulfian, Gopar, Sumewibawa, Sarifudin and members of the 16 Settlement Class who have not timely excluded themselves, shall be deemed to 17 (a) be forever barred from instituting, maintaining, or prosecuting any claim alleged, 18 or that could have been alleged, in the Actions concerning payment of wages, 19 including gratuities or service charges, or the reimbursement of deployment costs or 20 other employment-related expenses, prior to the date of the Parties’ agreement, and 21 (b) have released and discharged HAL and its respective affiliates, direct and 22 indirect subsidiaries, and any company or companies under common control with 23 any of them, and each of their respective predecessors, successors, past and present 24 officers, directors, employees, agents, servants, accountants, attorneys, advisors, 25 shareholders, insurers, representatives, partners, vendors, issuers, and assigns, or 26 anyone acting on their behalf, from any and all liability with respect to the Released 27 Claims defined in Paragraph 1.12 of the Amended Settlement Agreement. 28 4 SETTLEMENT ORDER AND FINAL JUDGMENT CV 07-03811 AHM (AJWx) DWT 18464702v1 0020397-000084 1 10. HAL and its manning agent in Indonesia, Sumber Bakat Insani (“SBI”), 2 completed the delivery of Class Notice according to the terms of the Amended 3 Settlement Agreement. The notice given by HAL and SBI to the Settlement Class, 4 which set forth the principal terms of the Amended Settlement Agreement and other 5 matters, was the best practicable notice under the circumstances. The notice 6 program prescribed by the Amended Settlement Agreement was reasonable and 7 provided due and adequate notice of these proceedings and of the matters set forth 8 therein, including the terms of the Amended Settlement Agreement, to all parties 9 entitled to such notice, and the Notice satisfied the requirements of Federal Rule of 10 Civil Procedure 23 and the requirements of constitutional due process. The notice 11 given to members of the Class was reasonably calculated under the circumstances to 12 apprise Class members of the pendency of this action, all material elements of the 13 Settlement, and their opportunity to exclude themselves from, object to, or comment 14 on the Settlement and appear at the final fairness hearing. The Court has afforded a 15 full opportunity to all Class members to be heard. Accordingly, the Court 16 determines that all members of the Settlement Class, except those who timely 17 excluded themselves from the Class, are bound by this Judgment and Final Order. 18 11. Without affecting the finality of this judgment, the Court retains 19 continuing jurisdiction over (a) implementation of the Amended Settlement 20 Agreement, distribution of the settlement payments, incentive fees and attorneys’ 21 fees and costs contemplated by the Amended Settlement Agreement, and processing 22 of the claims permitted by the Amended Settlement Agreement, until each and every 23 act agreed to be performed pursuant to the Amended Settlement Agreement has 24 been performed, and (b) all parties to this action and members of the Plaintiff 25 Settlement Class for the purpose of enforcing and administering the Amended 26 Settlement Agreement. 27 28 12. The Court hereby awards $15,000.00 to Plaintiff Sugeng Priyanto as an incentive fee in compensation for the time, effort, and risk he undertook as 5 SETTLEMENT ORDER AND FINAL JUDGMENT CV 07-03811 AHM (AJWx) DWT 18464702v1 0020397-000084 1 representative of the Settlement Class. The Court awards $7,500.00 to Plaintiff 2 Agus Eko Suyanto as an incentive fee in compensation for the time, effort, and risk 3 he undertook as representative of the Settlement Class. The Court awards $2,500.00 4 each to the following Additional Indonesian Plaintiffs as an incentive fee in 5 compensation for the time, effort, and risk they undertook as proposed 6 representatives of the Settlement Class: (i) Sarifudin; (ii) Ridwan Gopar; (iii) Kadek 7 Kris Sumewibawa; (iv) Zulfian; (v) Samuel Martahan; (vi) Budi Santoso; (vii) Iwan 8 Junaedem; (viii) Surono; and (ix) Willy Brand. 9 13. An attorney fee and cost award from the Settlement Amount 10 compensates Class Counsel for the time and expenses advanced over the past three 11 years, which involved extensive motion practice, as well as the continued case 12 administration. The Court has concluded that: (a) Class Counsel achieved a 13 favorable result for the Class, in the form of a Settlement Amount that will provide 14 compensation to all Class members; (b) Class Counsel devoted substantial effort 15 over three years to pre-and post-filing investigation, legal analysis, and extensive 16 litigation; (c) Class Counsel prosecuted the Class’s claims on a contingent fee basis, 17 investing significant time and accumulating costs with no guarantee that they would 18 receive compensation for their services or recover their expenses; (d) Class Counsel 19 employed their knowledge of and experience with class action litigation in 20 achieving a valuable Settlement for the Class, in spite of HAL’s possible legal 21 defenses and its experienced and capable counsel; (e) Class Counsel have a standard 22 contingent fee agreement with the Class Representatives, who have reviewed the 23 Settlement Agreement and been informed of Class Counsel’s attorney fee and cost 24 application and have approved. Similarly, the Notice of Class Action Settlement 25 informed Class members of the amount and nature of Class Counsel’s fee and cost 26 request under the Settlement Agreement, and no Class member objected. Therefore, 27 the Court hereby approves Class Counsel’s Fee and Cost Application and awards to 28 6 SETTLEMENT ORDER AND FINAL JUDGMENT CV 07-03811 AHM (AJWx) DWT 18464702v1 0020397-000084 1 Class Counsel fees and costs of $1,295,465.00. The Court recommends the 2 allocation discussed in the tentative order distributed at today's hearing. 3 14. HAL shall pay the fee and cost awards to Class Counsel and the Class 4 Representative incentive fees, as well as amounts due to Class members, including 5 Travel Payment Eligible Plaintiffs who submit timely and complete Claim Forms, in 6 accordance with and at the times prescribed by the Amended Settlement Agreement. 7 SO ORDERED: 8 9 Dated: November 01, 2011 10 11 _______________________________ The Hon. A. Howard Matz 12 13 JS-6 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7 SETTLEMENT ORDER AND FINAL JUDGMENT CV 07-03811 AHM (AJWx) DWT 18464702v1 0020397-000084 1 EXHIBIT A 2 3 4 5 6 7 8 The following individuals have timely requested exclusion from the Class and are not bound by this Order: 1. Mamat Nurjadi 2. Suri Nur Hidayat 3. Inyoman Suweca 4. Wayan Karya Saputra 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8 SETTLEMENT ORDER AND FINAL JUDGMENT CV 07-03811 AHM (AJWx) DWT 18464702v1 0020397-000084

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.