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Mitsui O.S.K. Lines, Ltd v. Seamaster Logistics

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


March 13, 2012

MITSUI O.S.K. LINES, LTD.,
PLAINTIFF,
v.
SEAMASTER LOGISTICS, INC.;
SUMMIT LOGISTICS INTERNATIONAL, INC.; AMERICAN GLOBAL LOGISTICS LLC; KESCO CONTAINER LINE, INC.;
KESCO SHIPPING, INC.; AND DOES 1 THROUGH DEFENDANTS.

ORDER DENYING AS MOOT MOTIONS TO DISMISS FIRST AMENDED COMPLAINT

Now before the Court are two motions to dismiss the First Amended Complaint, ECF No. 41 ("FAC"), of Plaintiff Mitsui O.S.K. 19 Lines, Ltd. ("MOL"). The first motion to dismiss was brought by 20 Defendants Seamaster Logistics, Inc. ("Seamaster") and Summit 21 Logistics International, Inc. ("Summit Logistics"). ECF No. 62. 22 The second motion to dismiss was brought by Defendant American 23 Global Logistics LLC ("AGL"). ECF No. 64. 24

On February 10, 2012, the Court held a status conference at 25 which Seamaster, Summit Logistics, and AGL (collectively, the 26 "Movant Defendants") appeared through counsel, as did MOL. At the 27 status conference, the Court granted MOL leave to file a Second 28 Amended Complaint before April 1, 2012. See ECF No. 70. On February 24, 2012, MOL did so. ECF No. 72 ("SAC"). Therefore, the 2 FAC is no longer the operative complaint in this case. 3

None of the Movant Defendants have withdrawn their respective 4 motions to dismiss the FAC. Because neither motion addresses the 5 operative version of the complaint, the Court DENIES both motions 6 as moot. 7 8

IT IS SO ORDERED.

Dated: March _____, 2012

NITED STATES DISTRICT JUDGE

20120313

© 1992-2012 VersusLaw Inc.



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