Deal struck for potential homebound travel of Dali's stranded crew members, according to court documents.
City attorneys and the owners of the Dali cargo ship reached an accord on Wednesday night, potentially permitting eight of the crew members to depart for home as soon as Thursday, according to files submitted this week in Maryland's US District Court.
The ship countes 21 crew members, 20 Indians, and one Sri Lankan, who have been stranded onboard since March 26 following a loss of propulsion, deviation from course, and destruction of the Francis Scott Key Bridge, resulting in the fatal demise of six construction workers.
The crew has been unable to disembark due to various reasons. Although no crew member has been charged for this calamity, investigations are ongoing to ascertain who may be at fault. Baltimore's mayor has vowed to pursue legal action to apprehend those responsible.
On Tuesday, attorneys representing the city and a bridge inspector who barely survived the collision filed petitions pleading the court to intervene after learning that some crew members might leave the US before the lawyers could interview them.
Adam Levitt, an attorney representing the city, argued in Tuesday's emergency hearing request that "The crew, made up entirely of foreign nationals, possess crucial information about the incidents leading to this litigation. If they are allowed to leave the US, Claimants may never have the opportunity to question or depose them."
As of Wednesday evening, a hearing on the matter was still scheduled for Thursday.
The request followed receipt of an email from William Bennett, an attorney representing the ship owner, Grace Ocean, and manager, Synergy Marine.
The email, included in Tuesday's emergency court filings, stated that eight crew members were expected to leave as early as this week.
"Our clients are arranging for substitute crew for the DALI," wrote William Bennett. "We have been informed that the Coast Guard will allow certain crew members to return to their homelands but has required others to remain in the US."
Those crew members are to be transported directly from the ship to the airport prior to its departure from Baltimore, expected around June 20th, according to Bennett's email sent Tuesday morning.
The email identifies the eight eligible crew members, including a cook, a fitter, and an oiler. "All of these crew members have been interviewed by DOJ and DOJ does not object to their departure from the US," Bennett wrote.
In response to Tuesday's motions, US District Court Judge James Bredar scheduled an emergency hearing for Thursday morning to hear from lawyers on both sides of the issue.
However, late Wednesday, attorneys for the ship's owner and manager as well as the city of Baltimore reached a deal on the conditions for the eight crew members' depositions, according to a new court filing.
Under the agreement, those crew members will not be required to remain in Baltimore. Their depositions will take place in London or elsewhere, at the agreement of all parties, according to an exhibit attached to Wednesday's court filing.
Those depositions are scheduled to occur "no sooner than November 2024," the document states.
In addition to facilitating the crew members' depositions, Grace Ocean and Synergy Marine are expected to provide documentation, including personnel files, employment contracts, and training files, according to Wednesday's court filing.
"We agree to the conditions mentioned," Bennett wrote in an email attached in the court filing.
With the agreement in place, "the City of Baltimore is content that the Parties no longer need the Court's intervention to resolve the dispute," Levitt wrote in Wednesday's court filing. As a result, he said, the city requested to withdraw its request for emergency status hearing.
Judge Bredar responded with an order Wednesday evening, stating that the hearing would proceed "because the agreement has not yet been explicitly endorsed by all parties," though he acknowledged that the agreement "appears to be a sensible resolution to this issue."
It's yet unknown when the eight seafarers, along with their fellow team members, can finally set sail. We've reached out to the unions stationed in Singapore, which represent these seafarers, for their take on the matter.
Contributions by Mary Kay Mallonee and Jeff Winter for this report
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The deal allows eight crew members, including a cook and a fitter, to depart for their homelands as soon as Thursday, potentially reducing the number of US-based crew members to 13.
After reaching an agreement, the depositions for the eight eligible crew members will take place in London or another location, relieving them from staying in Baltimore until November 2024.
