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

Filing 149

ORDER to Show Cause Re: Plaintiff's Motion for Default Judgment in Mitsui v. Centurion, No. 10-cv-5586-SC. Signed by Judge Samuel Conti on 4/17/2013. (sclc2, COURT STAFF) (Filed on 4/17/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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

) Case Nos. 11-cv-02861-SC
)
10-cv-05591-SC
Plaintiff,
)
) ORDER TO SHOW CAUSE
v.
)
)
SEAMASTER LOGISTICS, INC., SUMMIT )
LOGISTICS INTERNATIONAL, INC.,
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KESCO CONTRAINER LINE, INC.; KESCO )
SHIPPING, INC., and DOES 1 through )
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)
)
Defendants.
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)
)

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Now pending before the Court in the action captioned Mitsui

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O.S.K. Lines, Ltd. v. Centurion Logistics Mgmt. et al., Case No.

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10-cv-5586-SC, 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. ("Centurion").

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("Appl."), Mitsui v. Centurion, No. 10-cv-5586-SC.

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$918,348.60 in unpaid freight and $1,000,000 in falsified trucking

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charges against Centurion, which was not a named defendant in the

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above-captioned cases (the "Decided Cases").

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ECF No. 133
Plaintiff seeks

On March 27, 2013, the Court ordered Plaintiff to provide
supplemental briefing in its application for default judgment in

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Mitsui v. Centurion.

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Order").

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the damages they request against Centurion would result in a double

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recovery for Plaintiff given the judgment in this action, and (2)

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whether there are any grounds for finding joint and several

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liability in this matter and Mitsui v. Centurion's default

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judgment, if it is entered.

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Mitsui v. Centurion, No. 10-cv-5586-SC, ECF No. 146 ("Response to

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Mar. 27, 2013 Order").

United States District Court

The Court requested that Plaintiff explain (1) whether

Id. at 1-2.

Plaintiffs did so.

At this point, despite Plaintiffs' additional briefing, the

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For the Northern District of California

No. 10-cv-5586-SC, ECF No. 145 ("Mar. 27

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Court is not inclined to enter default judgment in Mitsui v.

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Centurion without permitting Defendants in this action to submit

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their own briefs on the two issues listed above.

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Court gives Defendants leave to file oppositions to Plaintiff's

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application for default judgment in Mitsui v. Centurion.

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briefs are due no later than May 17, 2013, and should be no longer

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than ten pages.

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matter at the hearing on attorneys' fees now scheduled for May 24,

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2013.

Accordingly, the

These

The parties should be prepared to discuss this

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IT IS SO ORDERED.

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Dated: April 17, 2013
UNITED STATES DISTRICT JUDGE

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