Williams-Sonoma, Inc. v. Apex Maritime Co. Inc. et al

Filing 25

Order regarding status of service on defendant Locksley S.R.L. and vacating further case management conference. Signed by Magistrate Judge Alex G. Tse on 11/15/2023. (agtlc2, COURT STAFF) (Filed on 11/15/2023)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

WILLIAMS-SONOMA, INC.,
Plaintiff,

8
9
10

United States District Court
Northern District of California

11

v.
APEX MARITIME CO. INC., et al.,
Defendants.

Case No. 23-cv-00193-AGT
ORDER REGARDING STATUS OF
SERVICE ON DEFENDANT
LOCKSLEY S.R.L. AND VACATING
FURTHER CASE MANAGEMENT
CONFERENCE

12
13

Williams-Sonoma filed this admiralty and breach of contract action in January 2023

14

against four defendants. Three of the defendants, Apex Maritime Co., Inc., Apex Maritime Co.

15

(LAX), Inc., and Apex Maritime Co. (ORD), Inc., were timely served and appeared at the initial

16

case management conference on April 14, 2023. During the initial CMC, Williams-Sonoma’s

17

counsel explained that the fourth defendant, Locksley S.R.L., is located in Argentina and would

18

need to be served under the Hague Convention “if they remain in the case.” Counsel further

19

explained that Williams-Sonoma was attempting to gather more information about whether “to

20

keep [Locksley] in the case.”

21

On November 11, 2023, in anticipation of the upcoming further CMC, Williams-Sonoma

22

and the Apex defendants submitted a joint statement which reports in passing that Locksley “has

23

not yet been served.” Dkt. 23 at 2. Williams-Sonoma provides no further details regarding

24

whether it has attempted to serve, or even intends to serve, Locksley. To the extent Williams-

25

Sonoma intends to keep Locksley in this case, it must file, by November 22, 2023, a status report

26

detailing all efforts taken to date to effect service on Locksley. If Williams-Sonoma does not

27

intend to pursue its claims against Locksley, it must file a notice of voluntary dismissal on or

28

before November 22.

1
2
3
4

The further CMC set for November 17, 2023, is vacated and will be reset following the
Court’s review of Williams-Sonoma’s forthcoming status report or notice of dismissal.
IT IS SO ORDERED.
Dated: November 15, 2023

5
6
ALEX G. TSE
United States Magistrate Judge

7
8
9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2