Century Surety Company v. Kashama et al
Filing
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ORDER Re Supplemental Briefing. Signed by Judge Edward M. Chen on 7/16/2012. (emcsec, COURT STAFF) (Filed on 7/16/2012)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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CENTURY SURETY COMPANY,
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Plaintiff,
ORDER RE SUPPLEMENTAL
BRIEFING
v.
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For the Northern District of California
United States District Court
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No. C-11-5482 EMC
ISAAC K. KASHAMA, et al.,
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Defendants.
___________________________________/
(Docket No. 35)
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Plaintiff Century Surety Company has filed suit against Defendants Osman Othman and
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Isaac K. Kashama. The claims against Mr. Othman are currently subject to a bankruptcy stay. After
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Mr. Kashama failed to respond to the complaint, the Clerk of the Court entered his default on May
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25, 2012. See Docket No. 33 (notice). Century has now filed a motion for default judgment against
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Mr. Kashama. Having reviewed the motion and accompanying submissions, the Court hereby
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orders Century to provide supplemental briefing on the following issues.
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(1)
Whether a default judgment against Mr. Kashama should be deferred pursuant to
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Frow v. De La Vega, 82 U.S. 552 (1872), in which the Supreme Court held that, under certain
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circumstances, a court should not enter a default judgment against one or more defendants which is,
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or likely to be, inconsistent with judgment on the merits in favor of the remaining answering
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defendants. See, e.g., Shanghai Auto. Instrument Co. v. Kuei, 194 F. Supp. 2d 995, 1006 (N.D. Cal.
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2001) (report and recommendation) (noting that courts, “including the Ninth Circuit, have held that
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Frow is not limited to claims asserting joint liability, but extend to certain circumstances in which
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the defendants have closely related defenses or are otherwise similarly situated”).
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(2)
Whether Century’s request for a declaration that no party (i.e., persons other than Mr.
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Kashama) may sue Century on the insurance policy pursuant to the “Legal Action Against Us”
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clause is ripe for review.
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The supplemental briefing shall be filed by July 23, 2012.
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Century shall serve a copy of this order on Mr. Kashama within three days of the date of this
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order and shall file a proof of service on that same date certifying that service of process has been
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effected.
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IT IS SO ORDERED.
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For the Northern District of California
United States District Court
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Dated: July 16, 2012
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_________________________
EDWARD M. CHEN
United States District Judge
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