STX Pan Ocean Co., Ltd., Seoul v. Zhenhua Translink Shipping Co., Ltd.

Filing 42

ORDER TO PROVIDE FURTHER INFORMATION TO COURT (Illston, Susan) (Filed on 9/30/2014)

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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United States District Court
For the Northern District of California

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STX PAN OCEAN CO., LTD., SEOUL,

No. C 12-1209 SI
ORDER TO PROVIDE FURTHER
INFORMATION TO COURT

Plaintiff,
v.
SHENHUA TRANSLINK SHIPPING CO.,
LTD.,
Defendant.
/

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This action has been pending since March, 2012, without significant substantive progress. No
appearance has been made by or on behalf of defendant, and prior Case Management Conferences have
been postponed or cancelled at plaintiff’s request. In particular, counsel for plaintiff has recently
requested that he be allowed “approximately 50 days . . . to allow counsel to obtain the requisite
authority and instructions to proceed from Plaintiff and its bankruptcy administrator in Korea.”

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However, no information of any sort has been provided to the Court, warranting such delay.
Although counsel asserts that even a dismissal without prejudice “could result in the attachment
effectively being vacated and the security lost,” no information has been provided about the status, the
security, the amount of the debt involved or why a dismissal without prejudice would not suffice.

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Accordingly, plaintiff is ORDERED to file, on or before October 15, 2014, a declaration,
from a person with personal knowledge of the matters attested, detailing what the debt is based
on; its amount; the nature of the “attachment of a substantial debt that plaintiff believes has been

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effected,” including how, when and where such attachment occurred; the nature of the “security”

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which is put at risk by a dismissal without prejudice; and a clear time-line when this matter may

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either be actively litigated or dismissed.

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IT IS SO ORDERED.
Dated: September 30, 2014
_______________________________
SUSAN ILLSTON
United States District Judge

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