Commercial Metals Company et al v. Daebo Shipping Co., Ltd. et al

Filing 8

ORDER GRANTING REQUEST TO CONTINUE CMC. Case Management Statement due by 7/3/2014. Case Management Conference set for 7/10/2014 10:00 AM. Signed by Judge Maria-Elena James on 10/17/2013. (cdnS, COURT STAFF) (Filed on 10/17/2013)

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STANLEY L. GIBSON (047882) JEREMY G. ZEITLIN (287962) 2 GIBSON ROBB & LINDH LLP 201 Mission Street, Suite 2700 3 San Francisco, California 94105 Telephone: (415) 348-6000 4 Facsimile: (415) 348-6001 1 Attorneys for Plaintiffs COMMERCIAL METALS COMPANY and 6 ZURICH AMERICAN INSURANCE COMPANY 5 7 8 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 10 11 12 13 14 15 16 17 18 19 COMMERCIAL METALS ) COMPANY, a corporation; and ) ZURICH AMERICAN INSURANCE ) COMPANY, a corporation; ) ) Plaintiffs, ) ) v. ) ) ) DAEBO SHIPPING CO., LTD., a ) foreign corporation, in personam; ) DAEBO INTERNATIONAL ) SHIPPING CO., LTD., a foreign ) corporation, in personam; and M.V. ) FATHER NEPTUNE, her machinery, ) tackle, and engines, etc., in rem; ) ) Defendants. ) ) Case No. CV 13 3681 APPLICATION AND [PROPOSED] ORDER TO CONTINUE THE CASE MANAGEMENT CONFERENCE, ADR PROCESS SELECTION, AND RULE 26 INITIAL DISCLOSURES TO ALLOW PLAINTIFFS TO SERVE INTERNATIONAL DEFENDANTS Magistrate Judge: Maria-Elena James 20 21 Plaintiffs COMMERCIAL METALS COMPANY and ZURICH 22 AMERICAN INSURANCE COMPANY (“Plaintiffs”) respectfully request the 23 Court to continue the date for the Case Management Conference, and accordingly 24 also continue the attendant deadlines for ADR Process Selection and Rule 26 25 Initial Disclosures. 26 Plaintiffs make this request because Defendants DAEBO SHIPPING CO., 27 LTD., DAEBO INTERNATIONAL SHIPPING CO., LTD., and the M.V. 28 FATHER NEPTUNE (“Defendants”) have not been served yet with a complaint. APPLICATION AND [PROPOSED] ORDER TO CONTINUE THE CASE MANAGEMENT CONFERENCE, ADR PROCESS SELECTION, AND RULE 26 INITIAL DISCLOSURES TO ALLOW PLAINTIFFS TO SERVE INTERNATIONAL DEFENDANTS CASE NO. CV 13 3681; OUR FILE NO. 5500.80 1 Defendants are all South Korean entities, and therefore may only be served under 2 the Hague Convention. 3 Plaintiffs filed their complaint against Defendants on August 8, 2013. 4 Plaintiffs attempted to serve Defendants informally by mail on August 20, 2013. 5 On September 9, 2013, counsel for Defendants informed Plaintiffs that Defendants 6 would not accept service by mail, and would require Plaintiff to formally serve 7 Defendants under the Hague Convention. 8 9 10 Plaintiffs intend to serve Defendants in South Korea under the Hague Convention, and expect this process will require approximately 8 months time. Accordingly, Plaintiffs request that the Court continue the Case 11 Management Conference from its current date of November 7, 2013 to July 8, 10 12 2014 or a nearby date at the Court’s convenience so Plaintiffs are able to serve 13 Defendants in South Korea. Plaintiffs also request that all attendant deadlines for 14 ADR Process Selection and Rule 26 Initial Disclosures be continued to new dates 15 consistent with the date the Court sets for the Case Management Conference. 16 17 DATED: October 17, 2013 GIBSON ROBB & LINDH LLP 18 By: S/ JEREMY G. ZEITLIN Jeremy G. Zeitlin jzeitlin@gibsonrobb.com Attorneys for Plaintiffs COMMERCIAL METALS COMPANY and ZURICH AMERICAN INSURANCE COMPANY 19 20 21 22 23 24 25 PURSUANT TO THE APPLICATION, IT IS SO ORDERED. 26 27 Dated: October 17 , 2013 Judge Maria-Elena James 28 APPLICATION AND [PROPOSED] ORDER TO CONTINUE THE CASE MANAGEMENT CONFERENCE, ADR PROCESS SELECTION, AND RULE 26 INITIAL DISCLOSURES TO ALLOW PLAINTIFFS TO SERVE INTERNATIONAL DEFENDANTS CASE NO. CV 13 3681; OUR FILE NO. 5500.80

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