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