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

Filing 74

Order by Hon. Samuel Conti denying as moot 62 and 64 Motions to Dismiss First Amended Complaint.(sclc2, COURT STAFF) (Filed on 3/13/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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MITSUI O.S.K. LINES, LTD.,

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Plaintiff,
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v.
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SEAMASTER LOGISTICS, INC.; SUMMIT )
LOGISTICS INTERNATIONAL, INC.;
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AMERICAN GLOBAL LOGISTICS LLC;
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KESCO CONTAINER LINE, INC.; KESCO )
SHIPPING, INC.; and DOES 1 through )
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Defendants.
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Case No. 11-2861 SC
ORDER DENYING AS MOOT
MOTIONS TO DISMISS FIRST
AMENDED COMPLAINT

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Now before the Court are two motions to dismiss the First

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Amended Complaint, ECF No. 41 ("FAC"), of Plaintiff Mitsui O.S.K.

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Lines, Ltd. ("MOL").

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Defendants Seamaster Logistics, Inc. ("Seamaster") and Summit

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

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The second motion to dismiss was brought by Defendant American

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Global Logistics LLC ("AGL").

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The first motion to dismiss was brought by

ECF No. 62.

ECF No. 64.

On February 10, 2012, the Court held a status conference at

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which Seamaster, Summit Logistics, and AGL (collectively, the

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"Movant Defendants") appeared through counsel, as did MOL.

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status conference, the Court granted MOL leave to file a Second

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Amended Complaint before April 1, 2012.

See ECF No. 70.

At the

On

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February 24, 2012, MOL did so.

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FAC is no longer the operative complaint in this case.

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ECF No. 72 ("SAC").

Therefore, the

None of the Movant Defendants have withdrawn their respective

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motions to dismiss the FAC.

Because neither motion addresses the

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operative version of the complaint, the Court DENIES both motions

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as moot.

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IT IS SO ORDERED.

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United States District Court

For the Northern District of California

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Dated: March _____, 2012
UNITED STATES DISTRICT JUDGE

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