Mateo

ORDER

The present motions came on for hearing before this Court on June 14, 1991. Richard Dodson appeared for plaintiffs. Frederick Wentker appeared for defendants. For the reasons set out below, plaintiffs’ motion for summary judgment is GRANTED IN PART and DENIED IN PART. Defendants’ motion for summary judgment is DENIED, subject to the terms of this Order. Plaintiffs’ motion for class certification is DENIED. Defendants’ motion for dismissal of plaintiffs’ class allegations without leave to amend is GRANTED. Defendants’ motion to strike paragraph 15 of the complaint is DENIED. Defendants’ motion for leave to deposit funds into the Court is GRANTED.

I. BACKGROUND.

The present motions arise from an action by twenty Filipino seamen working aboard the M/S Kiso (the “Kiso”) against the Kiso, in rem, and the owners and managers of the Kiso. The Kiso is a Liberian flagged vessel which carries goods between the U.S. and Japan. The title owner of the Kiso is defendant Vesta Company, Ltd, (“Vesta”) a Liberian corporation. The beneficial owner of the Kiso, however, is a Japanese corporation, defendant Nippon Yusen Kaisha Ship Management Corporation (“NYK”). The officers of the Kiso are…