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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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 For the Northern District of California United States District Court 10 11 12 13 14 15 16 17 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., ) KESCO CONTRAINER LINE, INC.; KESCO ) SHIPPING, INC., and DOES 1 through ) 20, ) ) Defendants. ) ) ) ) 18 Now pending before the Court in the action captioned Mitsui 19 O.S.K. Lines, Ltd. v. Centurion Logistics Mgmt. et al., Case No. 20 10-cv-5586-SC, is Plaintiff Mitsui O.S.K. Lines, Ltd.'s 21 ("Plaintiff") Application for Default Judgment against Defendant 22 Centurion Logistics Services, Ltd. ("Centurion"). 23 ("Appl."), Mitsui v. Centurion, No. 10-cv-5586-SC. 24 $918,348.60 in unpaid freight and $1,000,000 in falsified trucking 25 charges against Centurion, which was not a named defendant in the 26 above-captioned cases (the "Decided Cases"). 27 28 ECF No. 133 Plaintiff seeks On March 27, 2013, the Court ordered Plaintiff to provide supplemental briefing in its application for default judgment in 1 Mitsui v. Centurion. 2 Order"). 3 the damages they request against Centurion would result in a double 4 recovery for Plaintiff given the judgment in this action, and (2) 5 whether there are any grounds for finding joint and several 6 liability in this matter and Mitsui v. Centurion's default 7 judgment, if it is entered. 8 Mitsui v. Centurion, No. 10-cv-5586-SC, ECF No. 146 ("Response to 9 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 10 For the Northern District of California No. 10-cv-5586-SC, ECF No. 145 ("Mar. 27 11 Court is not inclined to enter default judgment in Mitsui v. 12 Centurion without permitting Defendants in this action to submit 13 their own briefs on the two issues listed above. 14 Court gives Defendants leave to file oppositions to Plaintiff's 15 application for default judgment in Mitsui v. Centurion. 16 briefs are due no later than May 17, 2013, and should be no longer 17 than ten pages. 18 matter at the hearing on attorneys' fees now scheduled for May 24, 19 2013. Accordingly, the These The parties should be prepared to discuss this 20 21 IT IS SO ORDERED. 22 23 24 Dated: April 17, 2013 UNITED STATES DISTRICT JUDGE 25 26 27 28 2

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