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

Filing 261

JUDGMENT. Signed by Judge Samuel Conti on 10/21/2015. (sclc1, COURT STAFF) (Filed on 10/21/2015)

Case 3:11-cv-02861-SC Document 350-1 Filed 10/20/15 Page 1 of 3

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[phone]

JAMES B. NEBEL/SBN 69626
[e-mail]
FLYNN, DELICH & WISE LLP
505 Montgomery Street, 11th Floor
San Francisco, CA 94111
Telephone:
[phone]

Facsimile:

[phone]

CONTE C. CICALA/SBN 173554
[e-mail]
CLYDE & CO. US LLP
101 Second Street, 24th Floor
San Francisco, CA 94105
Telephone:
[phone]

Facsimile:

[phone]

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ATTORNEYS AT LAW
ONE WORLD TRADE CENTER, SUITE 1800
LONG BEACH, CALIFORNIA 908031-1800
[phone]

FLYNN, DELICH & WISE LLP

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ERICH P. WISE/SBN 63219
[e-mail]
ALISA MANASANTIVONGS/SBN 260227
[e-mail]
FLYNN, DELICH & WISE LLP
One World Trade Center, Suite 1800
Long Beach, CA 90831-1800
Telephone:
[phone]
Facsimile:

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Attorneys for Plaintiff
MITSUI O.S.K. LINES, LTD.

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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.
)
)
vs.
)
)
SEAMASTER LOGISTICS, INC.; SUMMIT )
LOGISTICS INTERNATIONAL, INC.;
)
KESCO CONTAINER LINE, INC.; KESCO )
SHIPPING, INC., and DOES 1 through 20,
)
)
Defendants.
)
)

Case Nos.:

Plaintiff,

[PROPOSED] JUDGMENT
Date:
Time:
Courtroom:
Judge:

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11-02861 SC
10-05591 SC
[Consolidated]

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[Proposed] Judgment

November 13, 2015
10:00 a.m.
1
Hon. Samuel Conti

Case 3:11-cv-02861-SC Document 350-1 Filed 10/20/15 Page 2 of 3

In accordance with its Order on Remand from the Ninth Circuit (Doc. No. 347, 10/05/15,

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in Case No. 11-cv-2861-SC), the Court enters judgment as follows. “MOL” refers to plaintiff

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Mitsui O.S.K. Lines, Ltd.

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1.

On MOL’s claims for intentional and negligent misrepresentation, the Court

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enters judgment in favor of MOL and against defendant SeaMaster Logistics, Inc. in the amount
of $1,151,205.
2.

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10
ATTORNEYS AT LAW
ONE WORLD TRADE CENTER, SUITE 1800
LONG BEACH, CALIFORNIA 908031-1800
[phone]

FLYNN, DELICH & WISE LLP

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On MOL’s claims for intentional and negligent misrepresentation, the Court

enters judgment in favor of MOL and against defendant Toll Global Forwarding (Americas) Inc.
(formerly known as Summit Logistics International, Inc.) in the amount of $2,122,374.

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3.

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The Court dismisses with prejudice MOL’s claims against defendants SeaMaster

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Logistics, Inc. and Toll Global Forwarding (Americas) Inc. (formerly known as Summit

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Logistics International, Inc.) under the Racketeer Influenced and Corrupt Organizations Act, 18

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U.S.C. Sections 1962 et seq.

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4.

In addition to the amount stated in paragraph 2, on MOL’s claims for intentional

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and negligent misrepresentation and conspiracy, the Court enters judgment in favor of MOL and

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against defendant Toll Global Forwarding (Americas) Inc. (formerly known as Summit Logistics

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International, Inc.) jointly and severally with defendant Kesco Container Line, Inc., in the

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amount of $242,649.

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5.

The Court’s following judgments stated in its Order Granting Summit Logistics

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International Inc.’s Motion to Alter or Amend the Judgment (Doc. No. 309, 07/18/13, in Case

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No. 11-cv-2861-SC) remain undisturbed: (a) judgment in favor of MOL against defendant Kesco

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Container Line, Inc.; and (b) judgment in favor of Kesco Shipping, Inc. against MOL.

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2
[Proposed] Judgment

Case 3:11-cv-02861-SC Document 350-1 Filed 10/20/15 Page 3 of 3

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6.

The Court’s judgment in Case No. 10-cv-05991-SC remains undisturbed.

IT IS SO ORDERED, ADJUDGED, AND DECREED.

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Dated: October

, 2015

____________________________________
Samuel Conti
United States District Judge

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ATTORNEYS AT LAW
ONE WORLD TRADE CENTER, SUITE 1800
LONG BEACH, CALIFORNIA 908031-1800
[phone]

FLYNN, DELICH & WISE LLP

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[Proposed] Judgment