Corning Japan K.K. v. Expeditors International Ocean Inc et al

Filing 16

MINUTE ORDER denying Defendant Expeditors International Ocean, Inc.s 11 Motion for Summary Judgment by Judge Thomas S. Zilly.(RS)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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CORNING JAPAN K.K.,

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Plaintiff,
v.

C14-1629 TSZ

EXPEDITORS INTERNATIONAL
OCEAN, INC.; and YANG MING
LINE,

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MINUTE ORDER

Defendants.

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The following Minute Order is made by direction of the Court, the Honorable
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(1)
Defendant Expeditors International Ocean, Inc.’s motion for summary
judgment, docket no. 11, is DENIED. Defendant’s challenges to the invoices, survey
report, and other documents relating to damages submitted by plaintiff Corning Japan
K.K. go only to the form or weight of plaintiff’s evidence, and defendant’s objections do
not prevent the Court from considering plaintiff’s materials in deciding defendant’s
motion. See Nev. Dep’t of Corr. v. Greene, 648 F.3d 1014, 1019 (9th Cir. 2011) (“At
summary judgment, ‘a party does not necessarily have to produce evidence in a form that
would be admissible at trial.’”); Fraser v. Goodale, 342 F.3d 1032, 1036 (9th Cir. 2003)
(“At the summary judgment stage, we do not focus on the admissibility of the evidence’s
form. We instead focus on the admissibility of its contents.”); see also Campanelli v.
Allstate Life Ins. Co., 93 Fed. App’x 159 (9th Cir. 2004) (holding that the district court
erred in granting summary judgment because the reasons given for disregarding certain
declarations went “to their weight, not their admissibility”). Having reviewed all papers
filed in support of and in opposition to defendant’s motion, the Court concludes that
genuine disputes of material fact preclude summary judgment. See Fed. R. Civ. P. 56(a).

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MINUTE ORDER - 1

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(2)
record.

The Clerk is directed to send a copy of this Minute Order to all counsel of

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Dated this 2nd day of September, 2015.
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William M. McCool
Clerk

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s/Karen Dews
Deputy Clerk

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MINUTE ORDER - 2