Dresser-Rand, Company et al v. Red\Line Internationale Spedition, GMBH et al

Filing 51

ORDER GRANTING re 50 Stipulation re: Jurisdiction filed by Hapag Lloyd AG. Signed by Judge Joseph C. Spero on 10/23/13. (klhS, COURT STAFF) (Filed on 10/23/2013)

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JOHN D. GIFFIN, CASB No. 89608
[e-mail]
Keesal, Young & Logan
A Professional Corporation
450 Pacific Avenue
San Francisco, California 94133
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
HAPAG LLOYD AG

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DRESSER-RAND, COMPANY and
D-R HOLDINGS (FRANCE), S.A.S.,

)
)
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Plaintiffs,
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vs.
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RED\LINE INTERNATIONALE
SPEDITION, GMBH; HAPAG LLOYD AG; )
)
SSA MARINE, INC.; and STARR
INDEMNITY & LIABILITY COMPANY, )
)
)
Defendants.
)

Case No. C 13-0371-JCS
STIPULATION REGARDING
JURISDICTION

The Parties hereto, by and through their counsel of record, hereby stipulate as
follows:
1.

Dresser-Rand, GmbH (“Dresser-Rand”) has initiated legal proceedings in

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Germany against unserved Defendant Red\Line Internationale Spedition, GmbH

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(“Red\Line”), for the recovery of those damages alleged in Plaintiffs’ Complaint in the

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above-entitled action.

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2.

Red\Line in turn has initiated indemnity proceedings in the Courts of

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Hamburg, Germany against Hapag-Lloyd AG (“Hapag-Lloyd”) for any losses it sustains

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as a result of the legal action brought by Dresser-Rand, GmbH against Red\Line

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Internationale Spedition, GmbH in the German Courts.
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STIPULATION REGARDING JURISDICTION - Case No. C 13-0371-JCS

KYL_SF611860

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3.

Dresser-Rand and Red\Line have agreed to resolve Dresser-Rand’s claim

against Red\Line as set forth in the German proceedings, and Red\Line has agreed to
dismiss its legal action in the Hamburg, Germany Courts against Hapag Lloyd, so long
as Hapag-Lloyd agrees to submit to the jurisdiction of this Court for the purpose of
resolving those claims alleged in Plaintiffs’ Complaint herein, the alleged claims of
Red\Line having been assigned to Dresser-Rand by agreement between those parties.
4.

In exchange for the full and complete dismissal of the proceedings in

Germany against Hapag-Lloyd relating to the damaged cargo identified in Plaintiffs’
Complaint herein, and in exchange for the agreement of Dresser-Rand and Red\Line
that claims against Hapag-Lloyd and all other Hapag-Lloyd companies arising from such
damage will only be brought against Hapag-Lloyd in this Court, Hapag-Lloyd agrees to
submit to the jurisdiction of this Court for purpose of defending against those claims.
Further, Hapag-Lloyd agrees that it will not assert any defenses, in this action, based on
jurisdiction and venue as may be allowed by its Bill of Lading or Red\Line’s Bill of
Lading or otherwise.
5.

The Parties hereto agree that by Hapag-Lloyd submitting to jurisdiction

and venue in this Court for those claims alleged in Plaintiffs’ complaint herein and for
those claims assigned to Dresser-Rand from Red\Line, Hapag-Lloyd waives no other
defenses and that it reserves all other rights and defenses including, but not limited to,
the right to assert limitations of liability as allowed by relevant Bills of Lading, and
applicable law, and all other available defenses.
6.

All other parties hereto reserve all of their rights and defenses.

IT IS SO STIPULATED.
DATED: October ___, 2013

/s/ Roland Nikles
ROLAND NIKLES
ROGERS JOSEPH O’DONNELL
Attorneys for Plaintiffs

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STIPULATION REGARDING JURISDICTION - Case No. C 13-0371-JCS

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DATED: October ___, 2013

/s/ Thomas L. Rosenberg
THOMAS L. ROSENBERG
ROETZEL & ANDRESS
Attorneys for Plaintiffs

DATED: October ___, 2013

/s/ Conte C. Cicala
CONTE C. CICALA
FLYNN, DELICH & WISE LLP
Attorneys for Defendant SSA Terminals
(Oakland) LLC

DATED: October 22, 2013

/s/ John D. Giffin
JOHN D. GIFFIN
KEESAL, YOUNG & LOGAN
Attorneys for Defendant
HAPAG LLOYD AG

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Judge Jo

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seph C.

R NIA

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ORDER
Spero

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IT IS S

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Dated: 10/23/13

UNIT
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Filer’s Attestation: Pursuant to Civil Local Rule 5-1 (i)(3) regarding signatures, John D.
Giffin hereby attests that concurrence in the filing of this document has been obtained.

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STIPULATION REGARDING JURISDICTION - Case No. C 13-0371-JCS

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