Mitsui O.S.K. Lines, Ltd. v. Centurion Logistics Management et al

Filing 145

ORDER re: Supplemental Briefing on Plaintiff's Application for Default Judgment. Signed by Judge Samuel Conti on March 26, 2013. (sclc2, COURT STAFF) (Filed on 3/26/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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MITSUI O.S.K. LINES, LTD.,
Plaintiff,

For the Northern District of California

United States District Court

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v.

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ALLIED TRANSPORT SYSTEM (USA),
INC.; CENTURION LOGISTICS
MANAGEMENT; CENTURION LOGISTICS
SERVICES, LTD.; UNION LOGISTICS,
INC.; and DOES 1 through 20,

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Defendants.

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) Case No. 10-cv-5586-SC
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) ORDER RE: SUPPLEMENTAL
) BRIEFING
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Now before the court is Plaintiff Mitsui O.S.K. Lines, Ltd.'s

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("Plaintiff") Application for Default Judgment against Defendant

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Centurion Logistics Services, Ltd. ("Defendant").

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("Appl.").

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$1,000,000 in falsified trucking charges.

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ECF No. 133

Plaintiff seeks $918,348.60 in unpaid freight and
Id. ¶¶ 21-35.

In light of the Court's Findings of Fact and Conclusions of

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Law for Case Numbers 10-cv-05591-SC and 11-cv-02861-SC (the

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"Decided Cases"), ECF No. 143, the Court requests additional

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briefing from Plaintiff on the issue of whether granting

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Plaintiff's Application would result in a double recovery for

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Plaintiff.

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One specific issue that Plaintiff should address is the

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Court's finding that SeaMaster US and SeaMaster HK, defendants in

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the Decided Cases, could be held liable for fraudulent shipments

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that Defendant booked under their contracts, because Defendant was

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their co-loader and their late attempts to disclaim liability based

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on Defendant's fraudulent shipments were not convincing.

See

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Findings of Fact ¶ 64; Conclusions of Law at 28, 69, 75.

Plaintiff

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should explain whether this interrelationship affects the damages

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requested in its Application.

Plaintiff should also address

United States District Court

For the Northern District of California

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whether liability should be joint and several in this matter and

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the Decided Cases.

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Plaintiff shall submit this information within fourteen (14)
days of this Order.

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IT IS SO ORDERED.

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Dated: March 26, 2013
UNITED STATES DISTRICT JUDGE

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