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)

STANLEY L. GIBSON (047882)
JEREMY G. ZEITLIN (287962)
2 GIBSON ROBB & LINDH LLP
201 Mission Street, Suite 2700
3 San Francisco, California 94105
Telephone: [phone]
4 Facsimile: [phone]
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Attorneys for Plaintiffs
COMMERCIAL METALS COMPANY and
6 ZURICH AMERICAN INSURANCE COMPANY
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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA

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COMMERCIAL METALS
)
COMPANY, a corporation; and
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ZURICH AMERICAN INSURANCE )
COMPANY, a corporation;
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Plaintiffs,
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v.
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DAEBO SHIPPING CO., LTD., a
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foreign corporation, in personam;
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DAEBO INTERNATIONAL
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SHIPPING CO., LTD., a foreign
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corporation, in personam; and M.V. )
FATHER NEPTUNE, her machinery, )
tackle, and engines, etc., in rem;
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Defendants.
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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

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Plaintiffs COMMERCIAL METALS COMPANY and ZURICH

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AMERICAN INSURANCE COMPANY (“Plaintiffs”) respectfully request the

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Court to continue the date for the Case Management Conference, and accordingly

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also continue the attendant deadlines for ADR Process Selection and Rule 26

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Initial Disclosures.

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Plaintiffs make this request because Defendants DAEBO SHIPPING CO.,

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LTD., DAEBO INTERNATIONAL SHIPPING CO., LTD., and the M.V.

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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

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Defendants are all South Korean entities, and therefore may only be served under

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the Hague Convention.

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Plaintiffs filed their complaint against Defendants on August 8, 2013.

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Plaintiffs attempted to serve Defendants informally by mail on August 20, 2013.

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On September 9, 2013, counsel for Defendants informed Plaintiffs that Defendants

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would not accept service by mail, and would require Plaintiff to formally serve

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Defendants under the Hague Convention.

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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

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Management Conference from its current date of November 7, 2013 to July 8, 10

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2014 or a nearby date at the Court’s convenience so Plaintiffs are able to serve

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Defendants in South Korea. Plaintiffs also request that all attendant deadlines for

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ADR Process Selection and Rule 26 Initial Disclosures be continued to new dates

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consistent with the date the Court sets for the Case Management Conference.

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DATED: October 17, 2013

GIBSON ROBB & LINDH LLP

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By: S/ JEREMY G. ZEITLIN
Jeremy G. Zeitlin
[e-mail]
Attorneys for Plaintiffs
COMMERCIAL METALS
COMPANY and ZURICH
AMERICAN INSURANCE
COMPANY

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PURSUANT TO THE APPLICATION, IT IS SO ORDERED.

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Dated: October 17 , 2013

Judge Maria-Elena James

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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