A proposed Settlement has been reached in the class action lawsuit involving the October 2021 oil spill off the coast of Orange County near Huntington Beach (the “Oil Spill”). A Federal Court authorized the Notice because you had a right to know about the proposed Settlement between the Waterfront Tourism Class and the Shipping Defendants and about your rights and options before the Court decided whether to give final approval to the Settlement. The Notice explains the lawsuit, the proposed Settlement, your legal rights, and the hearing (“Final Approval Hearing”) held by the Court to consider the fairness, reasonableness, and adequacy of the Settlement.

The case is called Gutierrez, et al. v. Amplify Energy Corp., et al., Case No. SA 21-CV-1628-DOC-JDE (C.D. Cal.). The persons who have filed the class action and serve as Waterfront Tourism Class Representatives are Banzai Surf Company, LLC, Beyond Business Incorporated, d/b/a Big Fish Bait & Tackle, Bongos Sportfishing LLC and Bongos III Sportfishing LLC, Davey’s Locker Sportfishing, Inc., East Meets West Excursions, Tyler Wayman, Donald C. Brockman, and Heidi M. Jacques. Additional Plaintiffs serve as Class Representatives to represent the Property and Fisher Classes. The Shipping Defendants in the lawsuit are Capetanissa Maritime Corporation, Costamare Shipping Co., S.A., V.Ships Greece Ltd., the M/V Beijing, Dordellas Finance Corp., MSC Mediterranean Shipping Co. SA, Mediterranean Shipping Co. S.r.l., MSC Shipmanagement Ltd., and the MSC Danit.

On October 1, 2021, an underground pipeline known as Amplify’s P00547 Pipeline ruptured, resulting in the Oil Spill off the coast of Orange County near Huntington Beach. Plaintiffs allege that two container ships, the M/V Beijing and the MSC Danit, crossed over the pipeline during a heavy storm and that contact between their anchors and the pipeline caused the Oil Spill. The Shipping Defendants deny those allegations and assert that the Oil Spill was caused by the allegedly negligent conduct of Amplify, the pipeline’s owners and operators.

In a class action, one or more people called class representatives sue on behalf of people who have similar claims. All these people can be a class or class members (if a judge approves). Bringing a case as a class action allows adjudication of many similar claims that might be economically too small to bring in individual actions. One court resolves the issues for all class members, except for those who exclude themselves (opt out) from the class.

The Court has not decided whether Plaintiffs or the Shipping Defendants are right. Instead, each party agreed to the Settlement to avoid the uncertainties and expenses associated with continuing the litigation. The Class Representatives and their attorneys think the Settlement is best for the Classes.

THE NOTICE IS NOT INTENDED TO BE AN EXPRESSION OF ANY OPINION BY THE COURT WITH RESPECT TO THE TRUTH OF THE ALLEGATIONS IN THE LAWSUIT OR THE MERITS OF THE CLAIMS OR DEFENSES ASSERTED. THE NOTICE IS SOLELY TO ADVISE YOU OF THE PROPOSED SETTLEMENT AND YOUR RIGHTS IN CONNECTION WITH THAT SETTLEMENT.

No, the prior notice related to a different settlement with different defendants related to the same Oil Spill. This Settlement is with the Shipping Defendants that Plaintiffs allege caused the Oil Spill by dragging their anchors and striking or otherwise making contact with the pipeline during a heavy storm event in January 2021. The prior settlement was with the pipeline owners and operators (Amplify). The two settlements are separate, although both involve the same class members. Now that the Court has approved this Settlement, checks will be mailed to Waterfront Tourism Class Members from funds paid by the Shipping Defendants.

The same Court recently approved the settlement with Amplify, and separate payments will be made to those eligible from funds paid by Amplify. To learn more about the two settlements, visit www.OCOilSpillSettlement.com.
 

The Waterfront Tourism Class includes persons or entities in operation between October 2, 2021, and December 31, 2021, who: (a) owned or worked on a sea vessel engaged in the business of ocean water tourism (including sport fishing, sea life observation, and leisure cruising) and accessed the water between the San Gabriel River and San Juan Creek in Dana Point; or (b) owned businesses that offered surfing, paddle boarding, recreational fishing, and/or other beach or ocean equipment rentals and/or lessons or activities; sold food or beverages; sold fishing bait or equipment, swimwear or surfing apparel, and/or other retail goods; or provided visitor accommodations south of the San Gabriel River, north of the San Juan Creek, and west of: (1) Highway 1 in Seal Beach; (2) Orange Avenue and Pacific View Avenue in Huntington Beach; and (3) Highway 1 south of Huntington Beach.

Excluded from the Waterfront Tourism Class are:

• the Shipping Defendants, any entity or division in which the Shipping Defendants have a controlling interest, and their legal representatives, officers, directors, employees, assigns and successors;
• the judge to whom this case is assigned, the judge’s staff, and any member of the judge’s immediate family;
• all employees of the law firms representing Plaintiffs and the Class Members; and
• all who excluded themselves (opt out) from the Class.

The Waterfront Tourism Class Settlement provides of a cash settlement fund of $6.3 million (the “Waterfront Tourism Class Settlement Amount”). The Waterfront Tourism Class Settlement Amount, together with any interest earned thereon, is the “Waterfront Tourism Class Common Fund.”

The Waterfront Tourism Class Common Fund was used to pay eligible Class Members, attorney fees and costs as awarded by the Court (“Fees and Costs Award”), all costs associated with notice and settlement administration, any service awards that were paid to Class Representatives as approved by the Court, and any other fees and costs approved by the Court. If you were entitled to relief under the Waterfront Tourism Class Settlement, the Settlement Administrator determined the amount payable to you based on the Court-approved Plan of Distribution.

Class Counsel applied to the Court for fees of up to 25% of the Settlement for the Waterfront Tourism Class up to $1.575 million) plus a proportional amount of expenses. Class Counsel also asked the Court to award up to $7,500 to each of the Waterfront Tourism Class Representatives as a service award, in recognition of their time and effort spent on behalf of the Waterfront Tourism Class in achieving this Settlement. The amounts awarded to Class Counsel and the Waterfront Tourism Class Representatives related to the Waterfront Tourism Class Settlement will be paid out of the Waterfront Tourism Class Common Fund.

The Court may award less than the amount requested by Class Counsel. Class Counsel filed their motion for attorneys’ fees and expenses on July 31, 2023. A copy of the motion is available on the Important Documents tab.

Class Counsel submitted the proposed Plan of Distribution to the Court on July 31, 2023. The proposed Plan of Distribution is available on the Important Documents tab. Now that the Settlement is approved, the Court-appointed Settlement Administrator, a neutral third party, will calculate individual settlement payments based on the Court-approved Plan of Distribution, and payments will be made to eligible Class Members accordingly.

Payments from this Settlement will be separate from payments that will be issued under the settlement with the pipeline companies (Amplify) related to this Oil Spill.

Now that the Settlement is approved by the Court, members of the Waterfront Tourism Class will be sent checks automatically and will not have to file claims to receive settlement payments.

No. You will receive a payment only if you are a Class Member and did not opt out.

The Court has appointed three law firms—Lieff Cabraser Heimann Bernstein LLP; Aitken, Aitken, Cohn; and Larson, LLP (“Interim Settlement Class Counsel”)—to be the attorneys representing the Fisher, Property, and Waterfront Tourism Classes. Interim Settlement Class Counsel believe that the Settlement Agreement is fair, reasonable, and in the best interests of the Classes. If you want to be represented by your own lawyer, you may hire one at your own expense. If you wish to contact your Court-appointed lawyers, their contact information is below:
 

The deadline to opt out of the Settlement passed on August 21, 2023.

The deadline to opt out of the Settlement passed on August 21, 2023.

No. Unless you excluded yourself, you gave up any right to sue the Shipping Defendants for the claims that this Settlement resolves. You must have excluded yourself from this Settlement to continue your own lawsuit or claim. If you properly excluded yourself from the Settlement, you will not be bound by any orders or judgments entered relating to the Settlement.

No. You will not get any money from the Settlement if you exclude yourself.
 

The deadline to object to the Settlement passed on August 21, 2023.

Objecting is telling the Court that you don’t like something about the Settlement with the Shipping Defendants. You could object to the Settlement only if you did not exclude yourself from the Settlement. Excluding yourself, or opting out, from the Settlement is telling the Court that you don’t want to be part of the Settlement. If you excluded yourself from the Settlement, you have no basis to object to the Settlement because it no longer affects you.

If you are a Waterfront Tourism Class Member and you did not exclude yourself from the Settlement with the Shipping Defendants, you will automatically receive a Settlement payment. Unless you excluded yourself (opt out), you are bound by the terms of the Settlement and have released any rights you have to sue the Shipping Defendants about the claims in this lawsuit. You have also released any claims you may have filed in the related “Limitation” Action lawsuits brought by some of the Shipping Defendants to limit their liability, titled In the Matter of the Complaint of Dordellas Finance Corp. Owner and MSC Mediterranean Shipping Company S.A., Owner pro hac vice, No. 2:22-cv-02153-DOC-JDE (C.D. Cal.).

Now that the Settlement with the Shipping Defendants is approved by the Court, all Class Members are bound by the Settlement and are deemed to have, fully, finally, and forever released the Shipping Defendants and other Released Parties from any and all claims for any losses of any kind or nature whatsoever, whether known or unknown, arising out of or relating to the Oil Spill. You have also released any claims you may have filed in the related “Limitation Action” lawsuits brought by some of the Shipping Defendants to limit their liability, titled In the Matter of the Complaint of Dordellas Finance Corp. Owner and MSC Mediterranean Shipping Company S.A., Owner pro hac vice, No. 2:22-cv-02153-DOC-JDE (C.D. Cal.) and 2:22-mc-00213-DOC (C.D. Cal.). The specific claims you have given up against the Shipping Defendants are described in the Settlement Agreement located on the Important Documents tab. The Settlement Agreement describes the released claims with specific descriptions, so read it carefully. If you have any questions you can talk to the lawyers listed in FAQ 12 for free or you can talk to your own lawyer at your own expense.

The Court held a Final Approval Hearing on September 14, 2023.

The Court held a Final Approval Hearing on September 14, 2023.

The Settlement is summarized in the Notice. You can get more details from the Settlement Agreement, located on the Important Documents tab. You may also write with questions or notify the Settlement Administrator regarding address changes to Orange County Oil Spill Shipping Defendant Settlement c/o JND Legal Administration, P.O. Box 91048, Seattle, WA 98111, email at shippingdefendantinfo@ocoilspillsettlement.com or call 1-844-717-0591.