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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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA United States District Court For the Northern District of California 8 9 MITSUI O.S.K. LINES, LTD., 10 Plaintiff, 11 12 v. SEAMASTER LOGISTICS, INC., et al., 13 Defendants. 14 15 16 ) Case Nos. 11-cv-02861-SC ) 10-cv-05591-SC ) ) ORDER GRANTING MOTION TO STAY ) ENFORCEMENT OF FEE ORDER ) ) ) ) ) ) ) ) ) ) ) 17 18 Now before the Court is Plaintiff Mitsui O.S.K. Lines, Ltd.'s 19 20 ("MOL") motion for setoff or stay of its obligations under the 21 Court's fee order. 1 22 for determination without oral argument per Civil Local Rule 7- 23 1(b). 24 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 25 1 26 27 ECF No. 297. The ECF numbers in this Order refer the documents electronically filed in Case No. 11-cv-02861-SC unless otherwise noted. 2 28 ECF Nos. 323 ("Mot."), 324 ("Opp."), 325 ("Reply"). 1 order, along with consideration of the setoff, pending appeal. These parties tried two cases in early 2013, Case No. 11-cv- 2 Case"). 5 Case. 6 Case and to Defendants Seamaster Logistics, Inc. ("Seamaster") and 7 Summit Logistics International, Inc. ("Summit"). 8 United States District Court 02861 (the "Trucking Case") and Case No. 10-cv-05591 (the "Freight 4 For the Northern District of California 3 entered judgment in favor of MOL in the Trucking Case. 9 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 10 judgment but has dismissed its appeal of the fee order. 11 requests an order setting off Seamaster and Summit's obligations 12 under the judgment and fee order against MOL's obligations. 13 alternative, MOL asks the Court to stay enforcement of the fee 14 order until the appeals are resolved. 15 MOL In the In their opposition brief, Seamaster and Summit objected to 16 the setoff but did not oppose a stay. Opp. at 3. In its reply, 17 MOL agreed to a stay and deferral of consideration of its motion 18 for setoff until the appeal is decided. 19 the parties are in agreement as to the relief that should be 20 granted at this time. 21 the fee order and consideration of the motion for setoff until the 22 appeals in these cases are resolved. Reply at 1. Therefore, Accordingly, the Court STAYS execution of 23 24 IT IS SO ORDERED. 25 26 Dated: May 21, 2014 27 UNITED STATES DISTRICT JUDGE 28 2

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