Mitsui O.S.K. Lines, Ltd. v. Seamaster Logistics, Inc.

Filing 239

ORDER by Judge Samuel Conti granting (234) Motion to Stay in case 3:10-cv-05591-SC; granting (323) Motion to Stay in case 3:11-cv-02861-SC (sclc1, COURT STAFF) (Filed on 5/21/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court

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.
SEAMASTER LOGISTICS, INC., et
al.,

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Defendants.
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) Case Nos. 11-cv-02861-SC
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10-cv-05591-SC
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) ORDER GRANTING MOTION TO STAY
) ENFORCEMENT OF FEE ORDER
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Now before the Court is Plaintiff Mitsui O.S.K. Lines, Ltd.'s

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("MOL") motion for setoff or stay of its obligations under the

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Court's fee order. 1

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for determination without oral argument per Civil Local Rule 7-

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1(b).

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Court GRANTS MOL's motion to stay and STAYS execution of the fee

The motion is fully briefed 2 and appropriate

Because the parties agree on the appropriate relief, the

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ECF No. 297. The ECF numbers in this Order refer the documents
electronically filed in Case No. 11-cv-02861-SC unless otherwise
noted.
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ECF Nos. 323 ("Mot."), 324 ("Opp."), 325 ("Reply").

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order, along with consideration of the setoff, pending appeal.
These parties tried two cases in early 2013, Case No. 11-cv-

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Case").

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Case.

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Case and to Defendants Seamaster Logistics, Inc. ("Seamaster") and

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Summit Logistics International, Inc. ("Summit").

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United States District Court

02861 (the "Trucking Case") and Case No. 10-cv-05591 (the "Freight

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For the Northern District of California

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entered judgment in favor of MOL in the Trucking Case.

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have appealed the judgment and fee order; MOL has also appealed the

MOL prevailed in the Trucking Case but lost in the Freight
The Court awarded attorney's fees to MOL in the Trucking

The Court also
Defendants

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judgment but has dismissed its appeal of the fee order.

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requests an order setting off Seamaster and Summit's obligations

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under the judgment and fee order against MOL's obligations.

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alternative, MOL asks the Court to stay enforcement of the fee

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order until the appeals are resolved.

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MOL

In the

In their opposition brief, Seamaster and Summit objected to

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the setoff but did not oppose a stay.

Opp. at 3.

In its reply,

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MOL agreed to a stay and deferral of consideration of its motion

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for setoff until the appeal is decided.

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the parties are in agreement as to the relief that should be

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granted at this time.

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the fee order and consideration of the motion for setoff until the

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appeals in these cases are resolved.

Reply at 1.

Therefore,

Accordingly, the Court STAYS execution of

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IT IS SO ORDERED.

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Dated: May 21, 2014

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UNITED STATES DISTRICT JUDGE

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