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

Filing 59

ORDER re 58 Stipulation filed by Mitsui O.S.K. Lines, Ltd. Replies due by 2/2/2012 to both Motions. Responses due by 1/19/2012 to both Motions. Motion Hearing set for 2/16/2012 to both Motions at 10:00 AM in Courtroom B, 15th Floor, San Francisco before Chief Magistrate Judge MARIA-ELENA JAMES. Signed by Chief Magistrate Judge MARIA-ELENA JAMES on 12/20/11. (bjtS, COURT STAFF) (Filed on 12/20/2011)

1
2
3
4

ERICH P. WISE (Bar No. 63219)
FLYNN, DELICH & WISE LLP
One World Trade Center, Suite 1800
Long Beach, CA 90831
Telephone:
[phone]
Telecopier: [phone]
Email:
[e-mail]

5
6
7
8

10

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

11
ATTORNEYS AT LAW
343 SANSOME STREET, SUITE 540
SAN FRANCISCO, CALIFORNIA 94104
[phone]

FLYNN, DELICH & WISE LLP

9

CONTE C. CICALA (Bar No. 173554)
FLYNN, DELICH & WISE LLP
343 Sansome Street, Suite 540
San Francisco, CA 94104
Telephone:
[phone]
Telecopier: [phone]
Email:
[e-mail]

12

IN THE UNITED STATES DISTRICT COURT

13

NORTHERN DISTRICT OF CALIFORNIA

14
15
16
17
18
19
20
21

)
)
Plaintiff,
)
)
vs.
)
)
SEAMASTER LOGISTICS, INC.; SUMMIT )
LOGISTICS INTERNATIONAL, INC.; and )
)
AMERICAN GLOBAL LOGISTICS LLC,
)
)
Defendants.
)
)
MITSUI O.S.K. LINES, LTD.

Case No.: C 11-02861 MEJ
STIPULATION RE: BRIEFING
SCHEDULE FOR MOTIONS TO
DISMISS; PROPOSED ORDER
THEREON
Judge: Hon. Maria Elena James
Courtroom B, 15th Floor
Date: February 16, 2012
Time: 10:00 a.m.

22
23
24

STIPULATION RE: BRIEFING SCHEDULE FOR 12(b)(6) MOTIONS TO DISMISS
Plaintiff Mitsui O.S.K. Lines, Ltd. (“MOL”) and defendants SEAMASTER LOGISTICS,

25

INC., TOLL GLOBAL FORWARDING (AMERICAS) INC. (formerly known as SUMMIT

26

LOGISTICS INTERNATIONAL, INC.)(“SeaMaster/Toll”) and American Global Logistics LLC

27

(“AGL) hereby stipulate as follows. SeaMaster/Toll have filed a motion to dismiss the First

28

Amended Complaint under Rule 12(b)(6) in this action, originally set for hearing on January 26,
_______________________________________________________________________________
-1STIPULATION AND PROPOSED ORDER
Case No.: C 11-02861 MEJ

2012, with opposition due December 30, 2011 and reply due January 6, 2012. At MOL’s

2

request, this hearing has been re-noticed by SeaMaster/Toll to February 16, 2012. AGL has also

3

filed a partial motion to dismiss the First Amended Complaint under Rule 12(b)(6) in this action,

4

set for hearing on February 16, 2012, with opposition due December 30, 2011 and reply due

5

January 6, 2012. Because the motions challenge the same pleading and in some respects address

6

similar issues, and because the prior hearing schedule and current briefing schedule resulted in

7

significant calendar conflicts to counsel, the parties have agreed to reschedule the earlier-

8

scheduled motion to be heard concurrently with the later-scheduled motion, and to request that

9

the Court move dates for the opposition and reply closer to the combined hearing date, resulting

10

in a proposed combined hearing and briefing schedule as follows:

11
ATTORNEYS AT LAW
343 SANSOME STREET, SUITE 540
SAN FRANCISCO, CALIFORNIA 94104
[phone]

FLYNN, DELICH & WISE LLP

1

Hearing on both motions:

February 16, 2012

12

Opposition to both motions: January 19, 2012

13

Reply to both motions:

14

DATED: December 19, 2011

February 2, 2012
FLYNN DELICH & WISE LLP

15
By

/s/
Erich Wise/Conte C. Cicala
Attorneys for Plaintiff
MITSUI O.S.K. LINES, LTD.

16
17
18

DATED: December 19, 2011

19
20

By: ______/s/______________
Eric Danoff /Katharine Essick
Attorneys for Defendants & Counterclaimants
SEAMASTER LOGISTICS, INC. and TOLL
GLOBAL FORWARDING (AMERICAS)
INC.

21
22
23
24
25

EMARD DANOFF PORT TAMULSKI
& PAETZOLD, LLP

DATED: December 19, 2011

LAW OFFICES OF KIRK B. FREEMAN
and BERNAN FINK VAN HORN P.C.

26
27
28

By

/s/
Benjamin Fink / Neal Weinrich
Attorneys for Defendant
AMERICAN GLOBAL LOGISTICS LLC
_______________________________________________________________________________
-2STIPULATION AND PROPOSED ORDER
Case No.: C 11-02861 MEJ

1

PROPOSED ORDER

2
Based on the foregoing stipulation and good cause having been found, it is hereby ordered
3
4

that the motions to dismiss of all defendants herein shall be heard on February 16, 2012, with

5

MOL’s oppositions due January 19, 2012 and defendants’ replies due February 2, 2012.

8

FO

LI

ATTORNEYS AT LAW
343 SANSOME STREET, SUITE 540
SAN FRANCISCO, CALIFORNIA 94104
[phone]

13

ER

H

12

RT

11

s
na Jame
aria-Ele
Judge M
_______________________________________
UNITED STATES MAGISTRATE JUDGE

A

10

December 20, 2011
Dated: ___________________

NO

FLYNN, DELICH & WISE LLP

9

R NIA

7

S DISTRICT
TE
C
TA

RT
U
O

S

IT IS SO ORDERED.

UNIT
ED

6

N

F
D IS T IC T O
R

C

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
_______________________________________________________________________________
-3STIPULATION AND PROPOSED ORDER
Case No.: C 11-02861 MEJ