Luta captain, 6 crew members join suit

The captain and six crew members of cargo ship M/V Luta have asked the federal court to allow them to intervene in the lawsuit filed by Japanese investor Takahisa Yamamoto against the vessel’s owner, saying they allegedly have not been paid their wages totaling $183,647.77.

Captain Michael Brochon, chief mate Michael Harkreader, second engineer Roy Allen, chief engineer Henry Heister, chief engineer John Hart, wiper Joaquin Castro, and seaman Marlon Bambalan filed the complaint in federal court last week.

On Thursday, U.S. District Court for the NMI Chief Judge Ramona V. Manglona granted their motion to intervene. Manglona also directed the clerk of court to issue a warrant of maritime arrest against M/V Luta.

Brochon and the co-plaintiffs, through counsel David G. Banes, are suing M/V Luta and its owner Luta Mermaid LLC, for foreclosure, violation of the Fair Labor Standards Act, breach of contract, failure to pay minimum wage, unjust enrichment, breach of maritime contract, quantum merit, violation of Seaman’s Protection Act, and unlawful engagement.

They asked the U.S. District Court for the NMI to hold Luta Mermaid LLC liable to pay them at least $183,647.77 in back wages, plus damages, interest, costs, penalties, and attorney’s fees.

According to Banes in the complaint, they had a contract with Luta Mermaid LLC to work as crewmen on the M/V Luta and to be paid for their work.

Banes said the actual pay received by each plaintiff was much lower than agreed to in the shipping articles and contracts.

Instead of paying his clients according to the articles of shipping, Luta Mermaid would only make late and partial payments, Banes said.

The lawyer said Luta Mermaid promised to pay them in full but never did.

Banes said the plaintiffs were owed as follows: Brochon, $36,400; Harkreader, $30,102; Allen, $7,500; Heister, $34,000; Hart, $17,875; Castro, $55,874; and Bambalan, $1,896.77.

Banes said that beginning on April 5, 2016, the crew members made demands on Luta Mermaid for their full wages and back pay, but the company refused their demands for full wages.

Last week, a limited liability company has claimed to have a maritime lien in M/V Luta after the vessel’s owners/operators allegedly failed to repay any part of their $300,000 loan or any interest.

Long Consulting LLC, through counsel Daniel T. Guidotti, asked the U.S. District Court for the NMI to allow it to intervene in Yamamoto’s lawsuit against Lt. Gov. Victor Hocog and some owners/operators of M/V Luta.

On Thursday, Manglona also granted Long Consulting’s request to intervene in Yamamoto’s lawsuit. The judge also directed the clerk of court to issue a maritime arrest against the vessel.

Long Consulting is suing M/V Luta for foreclosure of maritime lien. The company is also suing Luta Mermaid LLC, Hocog, Abelina T. Mendiola, Deron T. Mendiola, and Fidel S. Mendiola III for breach of contract.

Luta Mermaid owns M/V Luta. Abelina Mendiola, Fidel S. Mendiola III, and Deron Mendiola are members of the company. Abelina Mendiola is based on Rota, while Fidel Mendiola is a resident of Louisiana and Deron Mendiola is a resident of Idaho, according to court papers.

Guidotti asked the court to order the sale of M/V Luta and for the proceeds of the sale to be applied toward any judgment in favor of Long Consulting.

Aside from Hocog, Yamamoto is suing M/V Luta, Luta Mermaid LLC, Abelina T. Mendiola, Deron T. Mendiola, Fidel S. Mendiola III, Fidel Mendiola Jr., and Robert Toelkes. Yamamoto is suing them for breach of contract, fraud, and unjust enrichment.

Yamamoto alleged that Hocog and co-defendants refused to pay back the $3.4 million that he put up for M/V Luta. He asked the court that the vessel be condemned and be sold to pay his demands, including interest and cost.

U.S. Marshal Service seized M/V Luta last Oct. 25 and appointed the National Maritime Services Inc. as custodian of the vessel.

Last May, former Department of Public Lands secretary John DelRosario filed a taxpayer’s lawsuit against Hocog and Finance Secretary Larrisa Larson over the alleged adoption of a Rota Legislative Delegation Resolution 19-3 that purportedly authorized payment of $400,000 to Luta Mermaid, a private company owned by Hocog’s relatives.