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

Filing 88

ORDER granting 51 First MOTION for Default Judgment by the Clerk as to Centurion Logistics Services Limited filed by Mitsui O.S.K. Lines, Ltd.. Signed by Judge Samuel Conti on 01/25/2012. (sclc2, COURT STAFF) (Filed on 1/25/2012)

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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,
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 GRANTING PLAINTIFF'S
APPLICATION FOR ENTRY OF
DEFAULT

This Court now considers for the second time an application

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for entry of default filed by Plaintiff Mitsui O.S.K. Lines, Ltd.

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("Mitsui"), concerning Defendant Centurion Logistics Services, Ltd.

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("CLS").

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the Court ORDERS the Clerk of the Court to enter default against

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Defendant Centurion Logistics Services, Ltd.

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ECF No. 51 ("Appl.").

For the reasons set forth below,

The Court addressed this Application in an earlier Order.

ECF

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No. 68 ("Order").

There, the Court expressed concerns about the

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adequacy of service upon Defendant, id. at 3, whom Mitsui alleges

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to be a foreign business, id. at 2.

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from the Federal Maritime Commission listing Washington

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International Insurance Company ("WIIC") as CLS's agent for service

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of process.

Mitsui has supplied a printout

ECF No. 65 ("FMC printout").

The FMC printout lists

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an Itasca, Illinois, address for WIIC, and further states that if

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CLS's designated agent cannot be served due to, among other things,

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"unavailability," "the Secretary of the Federal Maritime Commission

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will be deemed to be [CLS's] legal agent for service of process."

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The Court previously noted that while the FMC printout gives

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an Itasca address for WIIC, Mitsui served WIIC in Schaumburg,

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Illinois.

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Mitsui's application and ordered Mitsui to file a declaration

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explaining the discrepancy within fifteen days of the Order.

United States District Court

For the Northern District of California

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Order at 3.

Accordingly, the Court deferred ruling on

Id.

at 4.

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Ten days later, Mitsui's counsel filed a declaration

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explaining that WIIC moved from Itasca to Schaumburg sometime

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before Mitsui's process server first attempted to effect service.

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ECF No. 79 ("Cicala Decl.") ¶ 6.

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the move, attempted service only at WIIC's Schaumburg address.

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There, WIIC refused service.

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CLS through the FMC, which also refused service.

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Mitsui's counsel then attempted to confirm WIIC's address by

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consulting the website for the State of California's Department of

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Insurance, which provided the same Schaumburg address where WIIC

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had initially refused service.

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the process server to make a second attempt in Schaumburg; this

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time, WIIC accepted service.

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service asserting that a copy of the summons and operative

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complaint were mailed to WIIC at their Schaumburg address on

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September 26, 2011.

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///

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///

The process server, knowing about

Id.

Id.

Mitsui then attempted to serve

Id. ¶ 8.

Id. ¶ 9.

Mitsui's counsel directed

Mitsui has filed a proof of

Id. (citing ECF No. 66).

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Id. ¶ 7.

Pursuant to Federal Rule of Civil Procedure 4(h),1 the Court

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finds that, by serving CLS's designated agent for service of

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process and mailing to the agent a copy of the summons and

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operative complaint, Mitsui perfected service on CLS on September

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26, 2011.

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within the 21 days provided by Rule 12.

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finds, pursuant to Rule 55(a), that CLS has failed to plead or

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otherwise defend.2

CLS has not served any responsive pleadings or motions
Accordingly, the Court

For the foregoing reasons, the Court hereby ORDERS the Clerk

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Services, Ltd.

S

DERED

O OR
IT IS S

R NIA

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UNIT
ED

IT IS SO ORDERED.

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S DISTRICT
TE
C
TA

RT
U
O

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Dated: January 25, 2012

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onti
UNITED STATES amuel C
Judge S DISTRICT JUDGE

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FO

A

H

ER

LI

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RT

United States District Court

of the Court to enter default against Defendant Centurion Logistics

NO

For the Northern District of California

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N

D IS T IC T
R

OF

C

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1

Rule 4(h) provides, in pertinent part, that a foreign
corporation, partnership, or association may be served in a
judicial district of the United States "by delivering a copy of the
summons and of the complaint to an officer, a managing or general
agent, or any other agent authorized by appointment or by law to
receive service of process and — if the agent is one authorized by
statute and the statute so requires — by also mailing a copy of
each to the defendant."
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Rule 55(a) provides: "When a party against whom a judgment for
affirmative relief is sought has failed to plead or otherwise
defend, and that failure is shown by affidavit or otherwise, the
clerk must enter the party's default."
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