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

Filing 68

ORDER re Plaintiff's Application for Entry of Default. Signed by Judge Samuel Conti on 12/12/2011. (sclc2, COURT STAFF) (Filed on 12/12/2011)

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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 MITSUI O.S.K. LINES, LTD., 8 Plaintiff, 9 v. For the Northern District of California United States District Court 10 11 12 13 ALLIED TRANSPORT SYSTEM (USA), INC.; CENTURION LOGISTICS MANAGEMENT; CENTURION LOGISTICS SERVICES, LTD.; UNION LOGISTICS, INC.; and DOES 1 through 20, 14 Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 10-5586 SC ORDER RE PLAINTIFF'S APPLICATION FOR ENTRY OF DEFAULT AGAINST DEFENDANT CENTURION LOGISTICS SERVICES, LTD. 15 16 17 I. INTRODUCTION In this action, Plaintiff Mitsui O.S.K. Lines, LTD. 18 ("Plaintiff" or "Mitsui") sues Defendants Allied Transport System 19 (USA), Inc., ("Allied"), Centurion Logistics Services, LTD. 20 ("Centurion Services"), Centurion Logistics Management ("Centurion 21 Management"), and Union Logistics, Inc. ("Union"), seeking to 22 recover allegedly unpaid ocean freight charges and fraudulent 23 trucking charges. 24 Plaintiff's Application for Entry of Default against Centurion 25 Services. 26 the Court DEFERS ruling on Plaintiff's Application and ORDERS 27 Plaintiff to submit additional information as set forth below. 28 ECF No. 35 ("SAC") ¶ 1. ECF No. 51. ("Application"). Now before the Court is For the following reasons, 1 2 II. LEGAL STANDARD Federal Rule of Civil Procedure 4(h) governs service of 3 process upon a foreign corporation, partnership or association. 4 Rule 4(h) provides, in pertinent part, that a foreign corporation, 5 partnership, or association may be served in a judicial district of 6 the United States "by delivering a copy of the summons and of the 7 complaint to an officer, a managing or general agent, or any other 8 agent authorized by appointment or by law to receive service of 9 process and — if the agent is one authorized by statute and the United States District Court For the Northern District of California 10 statute so requires — by also mailing a copy of each to the 11 defendant." 12 Fed. R. Civ. Proc. 4(h)(1)(B). Rule 12 provides, in pertinent part, that a defendant must 13 serve a responsive pleading or motion within twenty-one days after 14 being served with the summons and complaint. 15 12(a)(1)(A)(i), 12(a)(4). 16 Fed. R. Civ. P. Rule 55(a) provides: "When a party against whom a judgment for 17 affirmative relief is sought has failed to plead or otherwise 18 defend, and that failure is shown by affidavit or otherwise, the 19 clerk must enter the party's default." 20 21 22 III. DISCUSSION Plaintiff filed the operative Complaint in this action on July 23 21, 2011. ECF No. 35 ("SAC"). Plaintiff alleges that Centurion 24 Services is a shipping company based in Hong Kong. 25 Plaintiff has submitted a printout from the Federal Maritime 26 Commission ("FMC") website showing that Centurion Services is 27 registered with the FMC as a non-vessel-operating common carrier 28 2 SAC ¶ 4. Cicala Supp. Decl. Ex. A.1 1 located in Hong Kong. Plaintiff has 2 also submitted a printout from the FMC showing that Centurion 3 Services has designated as its agent for service of process 4 Washington International Insurance Company, located at 1200 5 Arlington Heights Road, Suite 400, Itasca, Illinois 60143. 6 B ("FMC Rule Detail Filing for Centurion Logistics Services, LTD"). Id. Ex. Plaintiff submitted proof of service showing that copies of 7 8 the Summons and FAC were served on Washington International 9 Insurance Company at 475 N. Martingale Rd., Suite 850, Schaumburg, Id. Ex. C ("Proof of Service"). The Court is United States District Court For the Northern District of California 10 Illinois, 60173. 11 concerned by the fact that the address where process was served 12 differs from the address for Centurion Services' designated agent 13 on record with the FMC and will not grant Plaintiff's Application 14 absent an explanation for the discrepancy. 15 /// 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 1 28 Conte C. Cicala ("Cicala"), attorney for Plaintiff, filed a supplemental declaration in support of the Application. ECF No. 63. 3 1 2 IV. CONCLUSION For the foregoing reasons, the Court DEFERS ruling on 3 Plaintiff Mitsui O.S.K.'s Application for Entry of Default against 4 Centurion Logistics Services, LTD. and ORDERS Plaintiff to submit a 5 declaration within fifteen (15) days of this Order explaining the 6 efforts taken, if any, to confirm that service was effected upon 7 the proper agent despite the address discrepancy. 8 9 IT IS SO ORDERED. United States District Court For the Northern District of California 10 11 12 Dated: December 12, 2011 UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4

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