Mitsui O.S.K. Lines, Ltd. v. CB Freight Int'l, Inc. et al

Filing 38

ORDER Continuing Case Management Conference; ORDER Requiring Appearing Parties to File a Stipulation. Stipulation regarding severance due by 8/24/2016. Further Case Management Conference continued to 12/13/2016 01:30 PM in Courtroom 4, 3rd Floor, Oakland. Case Management Statement due by 12/6/2016. Signed by Judge Kandis A. Westmore on 8/12/2016. (kawlc1, COURT STAFF) (Filed on 8/12/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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

Case No. 15-cv-05289-KAW

Plaintiff,
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v.
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CB FREIGHT INT'L, INC., et al.,

ORDER CONTINUING CASE
MANAGEMENT CONFERENCE;
ORDER REQUIRING APPEARING
PARTIES TO FILE A STIPULATION

Defendants.

United States District Court
Northern District of California

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Plaintiff Mitsui O.S.K. Lines, Ltd. filed this lawsuit against defendants alleging unpaid

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freight charges pursuant to an ocean bill of lading. All defendants except for CB Freight

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International, Inc. have appeared. Plaintiff and all appearing defendants have consented to the

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jurisdiction of the undersigned magistrate judge. CB Freight has not appeared and, therefore, has

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not consented to the undersigned’s jurisdiction, and default was entered against CB Freight on

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March 2, 2016.

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On August 9, 2016, Plaintiff and Defendant Sky-World Express International, Inc. filed a

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case management conference statement stating that they have reached a settlement and expect to

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file a dismissal within 90 days. (Dkt. No. 37.) The Court may not dismiss a case without the

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consent of all parties. Thus, there are two procedures that the Court may follow. First, the Court

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could order the case reassigned to a district court judge. Second, the Court may retain jurisdiction

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of Plaintiff’s case against the appearing defendant if the appearing parties stipulate to sever the

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claims against the non-appearing defendant from this case. See Order Granting Stipulation to

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Sever, Livingston v. Art.com, No. 13-03748-CRB (JSC) (N.D. Cal. Nov. 27, 2013), ECF No. 35.

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In the event of such a stipulation, the case against the non-appearing defendant would be assigned

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a new case number and the case would remain assigned to this judge. Should a motion for a

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default judgment be filed, the undersigned would issue a report and recommendation for review by

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a district court judge.

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Accordingly, on or before August 24, 2016, the appearing parties shall either (1) file a
stipulation agreeing to severance, or (2) advise the Court that the case should be reassigned.
Furthermore, at the request of the appearing parties, the case management conference
scheduled for August 16, 2016 is continued to December 13, 2016 at 1:30 p.m.
IT IS SO ORDERED.
Dated: August 12, 2016
______________________________________
KANDIS A. WESTMORE
United States Magistrate Judge

United States District Court
Northern District of California

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