Eukor Car Carriers Inc. v. Chemoil Corporation

Filing 17

ORDER FOR SUPPLEMENTAL BRIEFING. Signed by Magistrate Judge Bernard Zimmerman on 4/5/2010. (bzsec, COURT STAFF) (Filed on 4/5/2010)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 By Thursday, April 8, 2010, Eukor shall file a supplemental brief limited to 5 pages addressing only the following two issues: 1. The relationship between Eukor and Wilhelmsen v. CHEMOIL CORPORATION, Defendant(s). EUKOR CAR CARRIERS INC., Plaintiff(s), ) ) ) ) ) ) ) ) ) ) ) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

No. C10-0408 BZ ORDER FOR SUPPLEMENTAL BRIEFING

including an explanation for why Eukor appears on Wilhelmsen's website as averred by Mr. Tolson. 2. Eukor's standing to bring this action if the Court

concludes that it is not a party to the contract between Wilhelmsen and Chemoil, as Eukor asserts, given the rule established in Robins Dry Dock & Repair Co. v. Flint, 275 U.S. at 309, 48 S.Ct. 134 (citations omitted) and recently affirmed 1

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by the Ninth Circuit in Nautilus Marine, Inc. v. Niemela, 170 F.3d 1195, 1196 (9th Cir. 1999). Dated: April 5, 2010 Bernard Zimmerman United States Magistrate Judge
G:\BZALL\-BZCASES\EUKOR V. CHEMOIL\FURTHER BRIEFING ORDER.wpd

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