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Mitsui O.S.K. Lines, Ltd v. Allied Transport System (Usa)

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


December 27, 2012

MITSUI O.S.K. LINES, LTD.,
PLAINTIFF,
v.
ALLIED TRANSPORT SYSTEM (USA), INC.;
CENTURION LOGISTICS MANAGEMENT; CENTURION LOGISTICS
SERVICES, LTD.; UNION LOGISTICS, INC.; AND DOES 1 THROUGH 20, DEFENDANTS.

ORDER DENYING APPLICATION FOR DEFAULT JUDGMENT WITHOUT PREJUDICE

The Court hereby DENIES WITHOUT PREJUDICE the application of Plaintiff Mitsui O.S.K. Lines, Ltd. for default judgment against 20 Defendant Centurion Logistics Services, Ltd. ECF No. 133 ("App.").

Though Plaintiff has perfected service of process on Defendant, see 22 ECF No. 88, the record does not disclose that Plaintiff has served 23 Defendant with the pending Application. In that Application, 24 Plaintiff seeks damages of $1,918,348.60. Before the Court will 25 exercise its discretion to award such significant damages, the 26 Court wishes to see proof that Plaintiff has served Defendant with 27 the Application and supporting papers. See Eitel v. McCool, 782 28 F.2d 1470, 1471-72 (9th Cir. 1986) (setting forth factors guiding district court's exercise of discretion in entering default 2 judgment, including "the sum of money at stake in the action" and 3 absence of "excusable neglect"); cf. Shanghai Automation Instrument 4 Co., Ltd. v. Kuei, 194 F. Supp. 2d 995, 1005 (N.D. Cal. 2001)

(finding absence of excusable neglect because defendant had been "properly served with the Complaint, the notice of entry of 7 default, as well as the papers in support of the [application for 8 default judgment]"); Bd. of Trustees v. Core Concrete Const., Inc., 9 11-3259 SC, 2012 WL 525553, at *6 (N.D. Cal. Feb. 16, 2012) (same). 10 Within twenty-one (21) days of the signature date of this

Order, Plaintiff shall file proof that (a) this Order and (b) the pending Application for Default Judgment, as well as supporting papers, have been served on Defendant. The Court will allow ten (10) days from the date of such service for Defendant to file a response. After the ten-day period elapses, the Court will reconsider Plaintiff's Application. Plaintiff need not resubmit the Application or renotice it for hearing; the matter will be 18 resolved on the papers submitted. 19 20

IT IS SO ORDERED.

UNITED STATES DISTRICT JUDGE

20121227

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