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