Mitsui O.S.K. Lines Ltd. v. Shine International Transportation (ShenZhen) Limited

Filing 18

STIPULATION AND ORDER TO SET ASIDE DEFAULT re 17 STIPULATION WITH PROPOSED ORDER to Set Aside Default and Service of Amended Complaint filed by Mitsui O.S.K. Lines Ltd., Shine International Transportation (ShenZhen) Limited. Signed by Magistrate Judge Kandis A. Westmore on 11/30/15. (sisS, COURT STAFF) (Filed on 11/30/2015)

1 CONTE C. CICALA, State Bar No. 173554
[e-mail]
2 CLYDE & CO US LLP
101 Second Street, 24th Floor
3 San Francisco, California 94105
Telephone: [phone]
4 Facsimile: [phone]
5 Attorneys for Plaintiff
MITSUI O.S.K. LINES, LTD.
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

11 MITSUI O.S.K. LINES, LTD.,

Case No. 4:15-cv-03343-KAW

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STIPULATION TO SET ASIDE
DEFAULT AND TO ACCEPT SERVICE
OF AMENDED COMPLAINT;
[PROPOSED] ORDER

Plaintiff,

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v.

14 SHINE INTERNATIONAL
TRANSPORTATION (SHENZHEN)
15 LIMITED and DOES ONE THROUGH
TWENTY,
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Defendants.
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WHEREAS Defendant Shine International Transportation (Shenzhen) Limited ("Shine")

21 has contacted plaintiff through counsel and advised that its default was entered due to
22 miscommunication between Shine and its agent for service of process;
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WHEREAS Shine advises that it intends to request that default be set aside based on a

24 contention of mistake or excusable neglect;
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WHEREAS plaintiff MITSUI O.S.K. LINES, LTD. ("MOL"), does not want to expend

26 effort or waste judicial resources on a contested proceeding to set aside a default judgment;
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WHEREAS MOL further intends, forthwith, to file an Amended Complaint adding two

28 additional parties as defendants; and,
1838737

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STIPULATION AND [PROPOSED] ORDER

Case No. 4:15-cv-03343-KAW

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WHEREAS, as a condition of setting aside the default, Shine expressly agrees that service

2 upon it was proper and that it will accept service of MOL's Amended Complaint by email;
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The parties hereby do stipulated and agree as follows:

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1) That the default of Shine International Transportation (Shenzhen) Limited be set aside;

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2) That MOL's forthcoming Amended Complaint will be deemed served upon Shine upon

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email transmission to Shine's counsel, undersigned below;

7 The parties respectfully request that the Court enter an order consistent with the foregoing.
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Respectfully submitted,

9 Dated: November 25, 2015

CLYDE & CO US LLP

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CLYDE & CO US LLP

101 Second Street, 24th Floor
San Francisco, California 94105
Telephone: [phone]

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By:

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/s/ Conte C. Cicala
Conte C. Cicala
Attorneys for Plaintiff
MITSUI O.S.K. LINES, LTD.

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Dated: November 25, 2015
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GONZALEZ DEL VALLE LAW
By:

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/s/ Henry P. Gonzalez
Henry P. Gonzalez
Attorney-in-Fact
Shine International Transportation (Shenzhen)
Limited

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STIPULATION AND [PROPOSED] ORDER

Case No. 3:15-cv-03343

1

[PROPOSED] ORDER

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Pursuant to stipulation, and good cause having been shown thereby, this Court hereby
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ORDERS as follows:
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1) That the default of Shine International Transportation (Shenzhen) Limited is hereby set
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aside;
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2) That MOL's forthcoming Amended Complaint will be deemed served upon Shine upon
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email transmission to Shine's counsel.
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9 IT IS SO ORDERED.
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CLYDE & CO US LLP

101 Second Street, 24th Floor
San Francisco, California 94105
Telephone: [phone]

11 Dated: 11/30/15
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UNITED STATES MAGISTRATE JUDGE

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STIPULATION AND [PROPOSED] ORDER

Case No. 3:15-cv-03343