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Caterpillar Financial Services Corp. v. Charter Connection Corp.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


January 10, 2008

CATERPILLAR FINANCIAL SERVICES CORPORATION, PLAINTIFF,
v.
CHARTER CONNECTION CORPORATION, IN PERSONAM, ET AL., DEFENDANTS

The opinion of the court was delivered by: M. James Lorenz United States District Court Judge

ORDER DENYING PLAINTIFF'S EX PARTE APPLICATION FOR ) ORDER SHORTENING TIME AND RELATED CROSS-CLAIM AND COMPLAINT IN INTERVENTION

In this admiralty case to foreclose on a preferred ship mortgage, Plaintiff Caterpillar Financial Services Corporation's ("Caterpillar") filed an ex parte application for order shortening time to hear its motion for default judgment in rem against Defendant vessel Belle Amie and in personam against Defendant Charter Connection Corporation ("Charter"), the vessel's owner, for award of custodia legis expenses, and for sale of the vessel. Plaintiff-in-Intervention A.K. Suda, Inc. ("Suda") opposes the ex parte application.

In these proceedings to date, Caterpillar has not exhibited the urgency to sell Belle Amie one would expect from a party who is genuinely concerned with saving the daily costs for the vessel's upkeep. For example, an entry of default in this case was made on July 7, 2007, but Caterpillar did not file a motion for default judgment until more than three months later, on October 23, 2007. Other examples could be cited. Although the court granted Caterpillar's request to shorten time on its October 23 motion, it is not inclined to do it again. Accordingly, Caterpillar's ex parte application to shorten time is DENIED.

IT IS SO ORDERED.

20080110

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