CAI International Inc v. South Atlantic Container Lines Ltd et al

Filing 26

ORDER by Judge Claudia Wilken DENYING PLAINTIFFS RENEWED 18 MOTION FOR PARTIAL.(ndr, COURT STAFF) (Filed on 4/13/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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CAI INTERNATIONAL, INC.,

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Plaintiff,
v.
SOUTH ATLANTIC CONTAINER LINES,
LTD.; MARUBA S.C.A. EMPRESA DE
NAVEGACIO MARITIMA; and EMPRESA
DE NAVEGACION MARUBA S.A.,

United States District Court
For the Northern District of California

ORDER DENYING
PLAINTIFF’S
RENEWED MOTION FOR
PARTIAL DEFAULT
JUDGMENT
(Docket No. 18)

Defendants.

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No. C 11-2403 CW

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On January 10, 2012, Plaintiff CAI International, Inc. moved

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for default judgment against Defendant South Atlantic Container
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Lines Ltd.

At that time, it did not appear that Plaintiff had yet

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perfected service upon Defendants Maruba S.C.A. Empresa de
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Navegacio Maritima and Empresa De Navegacion Maruba S.A.
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On January 13, 2012, the Court denied Plaintiff’s motion,
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because Plaintiff made no argument in its motion that there was no
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just reason to delay entry of final judgment in its favor until
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such time that the Court could enter a judgment adjudicating all
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the claims and all the parties’ rights and liabilities.

See

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Federal Rule of Civil Procedure 54(b).

At that time, the Court

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stated, “Plaintiff may renew its motion if it dismisses the other
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Defendants from this action or at other such time that a judgment
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adjudicating all the claims and all the parties’ rights and
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liabilities may be entered.”

Docket No. 15, 2.

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On February 23, 2012, Plaintiff renewed its motion for
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default judgment against Defendant South Atlantic Container Lines
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Ltd. only.

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Defendants and did not make any showing that judgment can be

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entered as to all claims and parties at this time.

Plaintiff did not dismiss the claims against the other

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The Court notes that, on April 12, 2012, attorneys entered

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special appearances on behalf of South Atlantic Container Lines

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Ltd. and may move to set aside the entry of default against it.

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Accordingly, the Court DENIES Plaintiff’s renewed motion for

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partial judgment for failure to comply with the Court’s order of

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January 13, 2012.

United States District Court
For the Northern District of California

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IT IS SO ORDERED.

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Dated:

4/13/2012

CLAUDIA WILKEN
United States District Judge

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