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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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.,

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Plaintiff,

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v.

For the Northern District of California

United States District Court

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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. 10-5586 SC
ORDER RE PLAINTIFF'S
APPLICATION FOR ENTRY OF
DEFAULT AGAINST DEFENDANT
CENTURION LOGISTICS
SERVICES, LTD.

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I.

INTRODUCTION
In this action, Plaintiff Mitsui O.S.K. Lines, LTD.

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("Plaintiff" or "Mitsui") sues Defendants Allied Transport System

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(USA), Inc., ("Allied"), Centurion Logistics Services, LTD.

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("Centurion Services"), Centurion Logistics Management ("Centurion

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Management"), and Union Logistics, Inc. ("Union"), seeking to

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recover allegedly unpaid ocean freight charges and fraudulent

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trucking charges.

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Plaintiff's Application for Entry of Default against Centurion

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Services.

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the Court DEFERS ruling on Plaintiff's Application and ORDERS

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Plaintiff to submit additional information as set forth below.

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ECF No. 35 ("SAC") ¶ 1.

ECF No. 51. ("Application").

Now before the Court is

For the following reasons,

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II.

LEGAL STANDARD
Federal Rule of Civil Procedure 4(h) governs service of

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process upon a foreign corporation, partnership or association.

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Rule 4(h) provides, in pertinent part, that a foreign corporation,

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partnership, or association may be served in a judicial district of

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the United States "by delivering a copy of the summons and of the

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complaint to an officer, a managing or general agent, or any other

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agent authorized by appointment or by law to receive service of

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process and — if the agent is one authorized by statute and the

United States District Court

For the Northern District of California

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statute so requires — by also mailing a copy of each to the

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defendant."

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Fed. R. Civ. Proc. 4(h)(1)(B).

Rule 12 provides, in pertinent part, that a defendant must

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serve a responsive pleading or motion within twenty-one days after

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being served with the summons and complaint.

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12(a)(1)(A)(i), 12(a)(4).

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Fed. R. Civ. P.

Rule 55(a) provides: "When a party against whom a judgment for

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affirmative relief is sought has failed to plead or otherwise

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defend, and that failure is shown by affidavit or otherwise, the

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clerk must enter the party's default."

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III. DISCUSSION
Plaintiff filed the operative Complaint in this action on July

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21, 2011.

ECF No. 35 ("SAC").

Plaintiff alleges that Centurion

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Services is a shipping company based in Hong Kong.

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Plaintiff has submitted a printout from the Federal Maritime

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Commission ("FMC") website showing that Centurion Services is

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registered with the FMC as a non-vessel-operating common carrier

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SAC ¶ 4.

Cicala Supp. Decl. Ex. A.1

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located in Hong Kong.

Plaintiff has

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also submitted a printout from the FMC showing that Centurion

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Services has designated as its agent for service of process

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Washington International Insurance Company, located at 1200

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Arlington Heights Road, Suite 400, Itasca, Illinois 60143.

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B ("FMC Rule Detail Filing for Centurion Logistics Services, LTD").

Id. Ex.

Plaintiff submitted proof of service showing that copies of

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the Summons and FAC were served on Washington International

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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

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Illinois, 60173.

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concerned by the fact that the address where process was served

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differs from the address for Centurion Services' designated agent

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on record with the FMC and will not grant Plaintiff's Application

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absent an explanation for the discrepancy.

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Conte C. Cicala ("Cicala"), attorney for Plaintiff, filed a
supplemental declaration in support of the Application. ECF No.
63.
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IV.

CONCLUSION
For the foregoing reasons, the Court DEFERS ruling on

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Plaintiff Mitsui O.S.K.'s Application for Entry of Default against

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Centurion Logistics Services, LTD. and ORDERS Plaintiff to submit a

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declaration within fifteen (15) days of this Order explaining the

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efforts taken, if any, to confirm that service was effected upon

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the proper agent despite the address discrepancy.

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IT IS SO ORDERED.

United States District Court

For the Northern District of California

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Dated: December 12, 2011
UNITED STATES DISTRICT JUDGE

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