ORDER AND JUDGMENT #11,0813: It is hereby ORDERED, ADJUDGED and DECREED that judgment be entered against third-party defendant Shanghai Haixing in favor of the third-party plaintiffs KL and Kam in the amount of $2,020,388.24, plus pre-judgment interest of $146,616.53, for a total judgment of $2,167,004.77, plus post-judgment interest in the amount specified by 28 U.S.C. 1961. The Clerk of the Court is directed to close the above captioned case. (Signed by Judge Barbara S. Jones on 5/3/2011) (jfe) Modified on 5/4/2011 (ml). (Entered: 05/04/2011)
AFFIDAVIT OF SERVICE of Affidavit of Sherry Johnson in Support of Motion for Default Judgment Against Defendant Shanghai Haixing Yuanchang International Logistics Co, Ltd. served on Defendant Shanghai Haixing Yuanchang International Logistics Co., Ltd on 4/19/11. Service was made by Federal Express. Document filed by K-Line America, Inc., Kawasaki Kisen Kaisha Ltd, Kawasaki Kisen Kaisha Ltd., Kawasaki Kisen Kaisha, Ltd.. Filed In Associated Cases: 1:08-md-01936-BSJ et al.(Kimball, John) (Entered: 04/20/2011)
AFFIDAVIT of Sherry Johnson in Support re: (72 in 1:08-md-01936-BSJ, 127 in 1:06-cv-03040-BSJ-DCF, 223 in 1:06-cv-00615-BSJ-DCF, 144 in 1:06-cv-02956-BSJ-DCF, 132 in 1:06-cv-03038-BSJ-DCF, 136 in 1:06-cv-02557-BSJ-DCF) MOTION for Default Judgment as to defendant Shanghai Haixing Yuanchang International Logistics Co., Ltd... Document filed by K-Line America, Inc., Kawasaki Kisen Kaisha Ltd., Kawasaki Kisen Kaisha Ltd, Kawasaki Kisen Kaisha, Ltd., "K" Line America, Inc., Kawasaki Kisen Kaisha, Ltd., "K" Line America, Inc., "K" Line American, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)Filed In Associated Cases: 1:08-md-01936-BSJ et al.(Kimball, John) (Entered: 04/19/2011)
MEMORANDUM OF LAW in Support re: (144 in 1:06-cv-02956-BSJ-DCF, 132 in 1:06-cv-03038-BSJ-DCF, 72 in 1:08-md-01936-BSJ, 127 in 1:06-cv-03040-BSJ-DCF, 136 in 1:06-cv-02557-BSJ-DCF, 223 in 1:06-cv-00615-BSJ-DCF) MOTION for Default Judgment as to defendant Shanghai Haixing Yuanchang International Logistics Co., Ltd... Document filed by K-Line America, Inc., Kawasaki Kisen Kaisha Ltd., Kawasaki Kisen Kaisha Ltd, Kawasaki Kisen Kaisha, Ltd., "K" Line America, Inc., Kawasaki Kisen Kaisha, Ltd., "K" Line America, Inc., "K" Line American, Inc.. (Attachments: # 1 Affidavit of Service)Filed In Associated Cases: 1:08-md-01936-BSJ et al.(Kimball, John) (Entered: 04/19/2011)
SUGGESTION OF REMAND, that this Court recently granted a Motion for a Suggestion of Remand (docket number 69) filed by Plaintiffs Kawasaki Kisen Kaisha, Ltd. ("KL") and "K" Line America, Inc. ("KAM") and intervening Plaintiff Union Pacific Railroad Company ("UP" and collectively "plaintiffs"). This Court recommends to the United States Judicial Panel on Multidistrict Litigation that the single case transferred to this District upon centralization, 08 cv-3522, be remanded to the United States District Court for the Northern District of Illinois. For the reasons stated in the Court's Order (docket number 69), remand is appropriate to the Northern District of Illinois so that that court can conduct appropriate proceedings to conclude this case. The Clerk of the Court is directed to forward a copy of this Suggestion of Remand to the Judicial Panel on Multidistrict Ligation. Pursuant to U.S.C. § 1407, the Court recommends to the Judicial Panel on Multidistrict Litigation that the case 08cv- 3522 be remanded to the United States District Court for the Northern District of Illinois. The original docket number assigned to this case in the Northern District of Illinois is 07-cv-7675. Additional relief as set forth in this Order. (Signed by Judge Barbara S. Jones on 3/18/11) Filed In Associated Cases: 1:08-md-01936-BSJ et al.(pl) (Main Document 222 replaced on 3/28/2011) (ad). (Entered: 03/18/2011)
ORDER, granting (207) Motion to Remand in case 1:06-cv-00615-BSJ-DCF; granting (127) Motion to Remand in case 1:06-cv-02956-BSJ-DCF; granting (116) Motion to Remand in case 1:06-cv-03038-BSJ-DCF; granting (111) Motion to Remand in case 1:06-cv-03040-BSJ-DCF. (Signed by Judge Barbara S. Jones on 3/17/11) Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF, 1:06-cv-02956-BSJ-DCF, 1:06-cv-03038-BSJ-DCF, 1:06-cv-03040-BSJ-DCF(As per chambers on 3/18/11 a request will go out to the Multidistrict Judicial Panel to remand this case to Northern District of Illinois. Then this case will be remanded). (pl) (Main Document 221 replaced on 3/28/2011) (ad). (Entered: 03/18/2011)
MEMORANDUM OF LAW in Opposition re: (53 in 1:08-md-01936-BSJ) MOTION for Summary Judgment. filed by Plano Molding Company. Document filed by K-Line America, Inc., Kawasaki Kisen Kaisha Ltd., Kawasaki Kisen Kaisha, Ltd., "K" Line America, Inc., Kawasaki Kisen Kaisha, Ltd., "K" Line America, Inc.. Filed In Associated Cases: 1:08-md-01936-BSJ et al.(Kimball, John) (Entered: 02/07/2011)
ENDORSED LETTER addressed to Judge Barbara S. Jones from John D. Kimball, dated 1/31/2011, re: We represent Plaintiffs in this matter. We refer to your Order of October 21, 2010 concerning the schedule for Plano's motion for summary judgment. Subject to the Court's approval, the parties have agreed to a slight adjustment of the schedule, as follows: "K" Line's and Union Pacific's Opposition - Change from January 31 to February 7, 2011. Plano's Reply - Change from March 2, 2010 to March 9, 2011. We confirm that "K" Line and Union Pacific will not be filing a cross-motion for summary judgment. ENDORSEMENT: So Ordered. (Signed by Judge Barbara S. Jones on 1/31/2011) Filed In Associated Cases: 1:08-md-01936-BSJ et al. (lnl) (Entered: 02/01/2011)
REPLY AFFIDAVIT of John D. Kimball in Support re: (43 in 1:08-md-01936-BSJ) MOTION to Remand this Case to the United States District Court for the Northern District of Illinois., (207 in 1:06-cv-00615-BSJ-DCF, 121 in 1:06-cv-02557-BSJ-DCF, 127 in 1:06-cv-02956-BSJ-DCF, 111 in 1:06-cv-03040-BSJ-DCF) MOTION to Remand this Case to the United States District Court for the Northern District of Illinois.. Document filed by K-Line America, Inc., Kawasaki Kisen Kaisha Ltd., Union Pacific Railroad Company, Kawasaki Kisen Kaisha Ltd, Kawasaki Kisen Kaisha, Ltd., Union Pacific Railroad Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)Filed In Associated Cases: 1:08-md-01936-BSJ et al.(Kimball, John) (Entered: 11/29/2010)
REPLY MEMORANDUM OF LAW in Support re: (43 in 1:08-md-01936-BSJ) MOTION to Remand this Case to the United States District Court for the Northern District of Illinois., (207 in 1:06-cv-00615-BSJ-DCF, 121 in 1:06-cv-02557-BSJ-DCF, 127 in 1:06-cv-02956-BSJ-DCF, 111 in 1:06-cv-03040-BSJ-DCF, 116 in 1:06-cv-03038-BSJ-DCF) MOTION to Remand this Case to the United States District Court for the Northern District of Illinois.. Document filed by K-Line America, Inc., Kawasaki Kisen Kaisha Ltd., Union Pacific Railroad Company, Kawasaki Kisen Kaisha Ltd, Union Pacific Railroad Company. Filed In Associated Cases: 1:08-md-01936-BSJ et al.(Kimball, John) (Entered: 11/29/2010)
DECLARATION of R. James DeRose, III in Opposition re: (43 in 1:08-md-01936-BSJ) MOTION to Remand this Case to the United States District Court for the Northern District of Illinois.. Document filed by Plano Molding Company. Filed In Associated Cases: 1:08-md-01936-BSJ et al.(De Rose, R. James) (Entered: 11/22/2010)
REPLY MEMORANDUM OF LAW in Opposition re: (43 in 1:08-md-01936-BSJ) MOTION to Remand this Case to the United States District Court for the Northern District of Illinois.. Document filed by Plano Molding Company. Filed In Associated Cases: 1:08-md-01936-BSJ et al.(De Rose, R. James) (Entered: 11/22/2010)
STIPULATION OF DISMISSAL BETWEEN KAWASAKI KISEN KAISHA, LTD., UNION PACIFIC RAILROAD COMPANY & WORLD COMMERCE SERVICES, L.L.C., that KL and UPRR's claims asserted against World and any claims asserted by World against KL and/or UPRR in the actions bearing the docket numbers set forth above shall be and hereby are dismissed with prejudice, the parties to bear their own costs, including any possible attorneys' fees or other expenses of this litigation. (Signed by Judge Barbara S. Jones on 11/15/2010) Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF et al. (lnl) (Entered: 11/16/2010)
AFFIDAVIT of Kyle Wallor in Support re: (207 in 1:06-cv-00615-BSJ-DCF, 121 in 1:06-cv-02557-BSJ-DCF, 127 in 1:06-cv-02956-BSJ-DCF, 111 in 1:06-cv-03040-BSJ-DCF, 116 in 1:06-cv-03038-BSJ-DCF) MOTION to Remand this Case to the United States District Court for the Northern District of Illinois.. Document filed by Union Pacific Railroad Company. Filed In Associated Cases: 1:08-md-01936-BSJ et al.(Wallor, Kyle) (Entered: 11/05/2010)
MEMORANDUM OF LAW in Support re: (207 in 1:06-cv-00615-BSJ-DCF, 121 in 1:06-cv-02557-BSJ-DCF, 127 in 1:06-cv-02956-BSJ-DCF, 111 in 1:06-cv-03040-BSJ-DCF, 116 in 1:06-cv-03038-BSJ-DCF) MOTION to Remand this Case to the United States District Court for the Northern District of Illinois.. Document filed by K-Line America, Inc., Kawasaki Kisen Kaisha Ltd.. Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF, 1:06-cv-02557-BSJ-DCF, 1:06-cv-02956-BSJ-DCF, 1:06-cv-03038-BSJ-DCF, 1:06-cv-03040-BSJ-DCF(Kimball, John) (Entered: 11/05/2010)
AFFIDAVIT of John D. Kimball in Support re: (207 in 1:06-cv-00615-BSJ-DCF, 121 in 1:06-cv-02557-BSJ-DCF, 127 in 1:06-cv-02956-BSJ-DCF, 111 in 1:06-cv-03040-BSJ-DCF, 116 in 1:06-cv-03038-BSJ-DCF) MOTION to Remand this Case to the United States District Court for the Northern District of Illinois.. Document filed by K-Line America, Inc., Kawasaki Kisen Kaisha Ltd.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF, 1:06-cv-02557-BSJ-DCF, 1:06-cv-02956-BSJ-DCF, 1:06-cv-03038-BSJ-DCF, 1:06-cv-03040-BSJ-DCF(Kimball, John) (Entered: 11/05/2010)
MOTION to Remand this Case to the United States District Court for the Northern District of Illinois. Document filed by K-Line America, Inc., Kawasaki Kisen Kaisha Ltd.. Return Date set for 12/6/2010 at 10:00 AM.Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF, 1:06-cv-02557-BSJ-DCF, 1:06-cv-02956-BSJ-DCF, 1:06-cv-03038-BSJ-DCF, 1:06-cv-03040-BSJ-DCF(Kimball, John) (Entered: 11/05/2010)
ENDORSED LETTER addressed to Judge Barbara S. Jones from John Kimball dated 10/20/10 re: Corrected dates for yesterday's letter. ENDORSEMENT: So Ordered. (Motion by Plaintiff "K" Line's and Intervening Plaintiff Union Pacific's Motion to Remand the Case to Illinois due by 11/5/2010. Plano's Response due by 11/22/2010. Reply due by 11/29/2010. Plano's Motion for Summary Judgment due 12/20/10; "K" Line's and Union Pacific's Opposition due 1/31/11. Plano's Reply due 3/2/11. "K" Line and Union Pacific also may file cross-motion for summary judgment on 1/31/11. If they do so, Plano's response would be due on 3/2/11 and the parties shall agree on a date for "K" Line and Union Pacific's reply. (Signed by Judge Barbara S. Jones on 10/21/10) Filed In Associated Cases: 1:08-md-01936-BSJ et al.(cd) (Entered: 10/21/2010)
ENDORSED LETTER addressed to Magistrate Judge Debra C. Freeman from John D. Kimball dated 10/1/2010 re: In the circumstances, we consider that the purposes of the transfer of the case to this Court by the Panel on Multidistrict Litigation have been completed and the case should be returned to the United States District Court in Chicago, Illinois. ENDORSEMENT: This application is denied. This Court will decide the anticipated summary judgment motions before remand to the transferor Court will be considered. (Signed by Judge Barbara S. Jones on 10/9/2010) Filed In Associated Cases: 1:08-md-01936-BSJ et al.(jpo) (Entered: 10/12/2010)
MEMORANDUM OF LAW in Opposition re: (25 in 1:08-md-01936-BSJ) MOTION to Dismiss Union Pacific's Third and Fourth Causes of Action.. Document filed by Union Pacific Railroad Company. Filed In Associated Cases: 1:08-md-01936-BSJ et al.(Wallor, Kyle) (Entered: 06/29/2009)
STIPULATION AND ORDER by and between the attorneys for plaintiff-in-intervention Union Pacific Railroad Company ("Union Pacific") and Defendant Plano Molding Company ("Plano") that the time for Union Pacific to respond to the motion to dismiss filed by Plano on May 20, 2009, is extended from June 4, 2009, to June 29, 2009. No prior extension of time bas been stipulated to or sought by the parties with respect to this motion. SO ORDERED ( Responses due by 6/29/2009) (Signed by Judge Barbara S. Jones on 6/5/2009) Filed In Associated Cases: 1:08-md-01936-BSJ, 1:06-cv-00615-BSJ-DCF(jmi) (Entered: 06/08/2009)
INTERVENOR COMPLAINT against CMT International, Inc., Plano Molding Company.Document filed by Union Pacific Railroad Company, Union Pacific Railroad Company, Inc. Original Filed In Associated Case 1:08-md-01936 BSJ et al.(jmi) (Entered: 03/30/2009)
MEMO ENDORSEMENT ORDER granting (193) Motion for Leave to File Document in case 1:06-cv-00615-BSJ-DCF; granting (113) Motion for Leave to File Document in case 1:06-cv-02557-BSJ-DCF; granting (119) Motion for Leave to File Document in case 1:06-cv-02956-BSJ-DCF; granting (110) Motion for Leave to File Document in case 1:06-cv-02962-BSJ-DCF; granting (108) Motion for Leave to File Document in case 1:06-cv-03038-BSJ-DCF; granting (103) Motion for Leave to File Document in case 1:06-cv-03040-BSJ-DCF; granting (101) Motion for Leave to File Document in case 1:06-cv-03042-BSJ-DCF; granting (90) Motion for Leave to File Document in case 1:06-cv-05159-BSJ-DCF; granting (6) Motion for Leave to File Document in case 1:08-cv-03522-BSJ; granting (10) Motion for Leave to File Document in case 1:08-md-01936-BSJ. ENDORSEMENT: The Court having considered the submissions and arguments of the parties, the within motion is granted to the extent defendants Plano Molding Company and CMT International, Inc. require any new discovery with respect to the allegations contained in Union Pacific's Complaint, counsel should discuss and submit a proposed schedule for such discovery. (Signed by Magistrate Judge Debra C. Freeman on 3/26/09). Filed In Associated Cases: 1:08-md-01936-BSJ et al.(rjm) (Entered: 03/26/2009)
STIPULATION OF DISMISSAL BETWEEN KAWASAKI KISEN KAISHA, LTD., UNION PACIFIC RAILROAD COMPANY & CERTAIN PLAINTIFFS. NOW THEREFORE, on the consent of the KL, UPRR, and the Settling Plaintiffs the claims listed below shall be, and hereby are, DISMISSED with prejudice and without costs: Claims asserted by Settling Plaintiffs against KL and UPRR in 06 Civ. 5159; Cross-Claim asserted by UPRR against KL in 06 Civ. 5159; and Cross-Claim asserted by KL against UPRR in 06 Civ. 5159. The undersigned parties hereby consent to the entry of this Order without further notice. Notice of this Stipulation has been served on all other parties. (Signed by Judge Barbara S. Jones on 3/6/09) Filed In Associated Cases: 1:08-md-01936-BSJ, 1:06-cv-00615-BSJ-DCF, 1:06-cv-05159-BSJ-DCF(rjm) (Entered: 03/06/2009)
STIPULATION OF DISMISSAL BETWEEN "K" LINE AMERICA, INC., KAWASAKI KISEN KAISHA, LTD., UNION PACIFIC RAILROAD COMPANY & CERTAIN PLAINTIFFS... NOW THEREFORE, on the consent of the Carrier Defendants and the Settling Plaintiffs the claims listed below shall be, and hereby are, DISMISSED with prejudice and without costs: Claim asserted by Indemnity Insurance Company of North America against KL, KAM, and UPRR in 06 Civ. 0615; Claim asserted by Royal & Sun Alliance Insurance PLC against KL, KAM, and UPRR in 06 Civ. 2557; Claim asserted by Mitsui Sumitomo Insurance Co. Ltd. and Bank of Philippine Islands & Mitsui Sumitomo Insurance against KL, KAM, UPRR, and Horizon in 06 Civ. 2956; Cross-claims asserted by Horizon against KL, KAM, and UPRR in 06 Civ. 2956; Cross-claim asserted by UPRR against Horizon in 06cv2956; Claim asserted by Federal Insurance Co. Against KL, KAM, UPRR, Cargo Channel, and P.A.C. in 06cv3038; and Claim asserted by Mitsui Sumitomo Insurance Co. Of America (as subrogee of ACK Controls, Inc.) against KL, KAM, and UPRR in 06cv3040. The names of the Settling Plaintiffs dismissed by this Stipulation shall be removed from the captions of the pertinent civil actions. The undersigned parties hereby consent to the entry of this Order without further notice. Notice of this Stipulation has been served on all other parties. (Signed by Judge Barbara S. Jones on 3/6/09) Filed In Associated Cases: 1:08-md-01936-BSJ et al.(rjm) (Entered: 03/06/2009)
STIPULATION OF DISMISSAL BETWEEN KAWASAKI KISEN KAISHA, LTD., UNION PACIFIC RAILROAD COMPANY, & CERTAIN PLAINTIFFS. NOW THEREFORE, on the consent of the Carrier Defendants and the Settling Plaintiffs the claims listed below shall be, and hereby are, DISMISSED with prejudice and without costs: 1. Claim asserted by Philips PC Peripherals against KL, UPRR, M/V CHANG JIANG BRIDGE, and Epoch Shipping S.A. in 06 Civ. 2962; and 2. Claim asserted by Shur-Line against KL, UPRR, M/V CHANG JIANG BRIDGE, and Epoch Shipping S.A. in 06 Civ. 2962. The undersigned parties hereby consent to the entry of this Order without further notice. Notice of this Stipulation has been served on all other parties. (Signed by Judge Barbara S. Jones on 1/21/09) Filed In Associated Cases: 1:08-md-01936-BSJ, 1:06-cv-00615-BSJ-DCF, 1:06-cv-02962-BSJ-DCF(rjm) (Entered: 01/28/2009)
STIPULATION OF DISMISSAL BETWEEN "K" LINE AMERICA, INC., KAWASAKI KISEN KAISHA, LTD., UNION PACIFIC RAILROAD COMPANY & PLAINTIFF NAVIGATORS MANAGEMENT CO. NOW THEREFORE, on the consent of the KAM, KL, UPRR, and Navigators the claims listed below shall be, and hereby are, DISMISSED with prejudice and without costs: 1. Claim asserted by Navigators against KAM and UPRR in 06 Civ. 3042; 2. Third-party claim asserted by UPRR against KL in 06 Civ. 3042; 3. Counter-claim asserted by KL against UPRR in 06 Civ. 3042; and 4. Cross-claim asserted by KAM against UPRR in 06 Civ. 3042; and 5. Cross-claim asserted by UPRR against KAM in 06 Civ. 3042. The undersigned parties hereby consent to the entry of this Order without further notice. Notice of this Stipulation has been served on all other parties. (Signed by Judge Barbara S. Jones on 1/21/09) Filed In Associated Cases: 1:08-md-01936-BSJ, 1:06-cv-00615-BSJ-DCF, 1:06-cv-03042-BSJ-DCF(rjm) (Entered: 01/28/2009)
ORDER: Plaintiffs' counsel in the above five captioned cases has advised the Court that Plaintiffs have reached a settlement of their cargo claims, and are therefore withdrawing their motions for summary judgment against Defendant Union Pacific Railroad Company ("UP"). Plaintiff's counsel also represents, with authorization from UP's counsel, that UP withdraws its cross-motions for summary judgment. In light of these withdrawals, the Clerk of the Court is directed to terminate the following motions: Case No. 06 Civ. 00615, docket entries 155, 160, 170. Case No. 06 Civ. 2557, docket entries 82, 87, 96. Case No. 06 Civ. 2956, docket entries 86, 91, 100. Case No. 06 Civ. 3038, docket entries 76, 81, 90. Case No. 06 Civ. 3040, docket entries 71, 76, 85. SO ORDERED. (Signed by Judge Barbara S. Jones on 1/8/2009) Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF, 1:06-cv-02557-BSJ-DCF, 1:06-cv-02956-BSJ-DCF, 1:06-cv-03038-BSJ-DCF, 1:06-cv-03040-BSJ-DCF(tve) (Entered: 01/08/2009)
ENDORSED LETTER addressed to Judge Debra C. Freeman from Kenneth N. Wolf dated 9/9/08 re: extension through & including 11/19/08 allowing the deposition of World's experts be expanded in scope to allow the depositions of the other parties' expert witnesses through & including the same dates,. ENDORSEMENT: granted., ( Deposition due by 11/19/2008.) (Signed by Magistrate Judge Debra C. Freeman on 9/10/08) Filed In Associated Cases: 1:08-md-01936-BSJ, 1:06-cv-00615-BSJ-DCF(rjm) (Entered: 09/10/2008)
ENDORSED LETTER addressed to Judge Debra C. Freeman from Kenneth N. Wolf dated 9/5/08 re: World Commerce Services LLC's request for a further modification of the dates for completing expert discovery in the NY component of the action. ENDORSEMENT: The depositions in question (Thomas Johnson and George Braun) may be held during the period from November 10-19, 2008., ( Deposition due by 11/19/2008.) (Signed by Magistrate Judge Debra C. Freeman on 9/8/08) Filed In Associated Cases: 1:08-md-01936-BSJ, 1:06-cv-00615-BSJ-DCF(rjm) (Entered: 09/09/2008)
MOTION for Leave to File Complaint in Intervention. Document filed by Union Pacific Railroad Company. (Attachments: # 1 Complaint in Intervention)Filed In Associated Cases: 1:08-md-01936-BSJ et al.(Wallor, Kyle) (Entered: 08/20/2008)
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Leave to File Complaint In Intervention. Document filed by Union Pacific Railroad. (Attachments: # 1 Complaint In Intervention)Filed In Associated Cases: 1:08-md-01936-BSJ et al.(Wallor, Kyle) Modified on 8/20/2008 (jar). (Entered: 08/19/2008)
STIPULATION AND ORDER OF DISMISSAL Between "K" Line America, Inc., Kawasaki Kisen Kaisha, Ltd., and Union Pacific Railroad Company. On the consent of the K Line Parties and UPRR the claims listed below shall be, and hereby are, Dismissed with prejudice: Cross-claim asserted by the K Line Parties against UPRR in 06 cv 615, et al...; As used herein, the term K Line Parties refers to KL (only) KAM (only) where only KL or KAM have asserted the claims at issue, or where the claims at issue have only been asserted against one of them, as the case may be. The undersigned parties hereby consent to the entry of this Order without further notice. Notice of this Stipulation has been served on all other parties. (Signed by Judge Barbara S. Jones on 7/3/08) Filed In Associated Cases: 1:08-md-01936-BSJ et al.(djc) (Entered: 07/03/2008)
MEMORANDUM OF LAW in Opposition re: (96 in 1:06-cv-03042-BSJ-DCF, 103 in 1:06-cv-03038-BSJ-DCF, 105 in 1:06-cv-02962-BSJ-DCF, 114 in 1:06-cv-02956-BSJ-DCF, 98 in 1:06-cv-03040-BSJ-DCF, 188 in 1:06-cv-00615-BSJ-DCF, 2 in 1:08-cv-03522-BSJ, 85 in 1:06-cv-05159-BSJ-DCF, 108 in 1:06-cv-02557-BSJ-DCF, 3 in 1:08-md-01936-BSJ) MOTION for Reconsideration re; (2 in 1:08-md-01936-BSJ) Order.. Document filed by Shur Line, Phillips PC Peripherals, Navigators Management Company, Tokio Marine & Nichido Fire Insurance Co., Ltd., Fuji Photo Film Co., Ltd., Fuji Photo Film U.S.A., Inc., ACK Controls, Inc., Indemnity Insurance Company of North America, Bank of Philippine Islands & Mitsui Sumitom Insurance, Federal Insurance Co., Mitsui Sumitom Insurance Co. Ltd., Royal & Sun Alliance Ins. Co.. Filed In Associated Cases: 1:08-md-01936-BSJ et al.(Mazaroli, David) (Entered: 06/25/2008)
RESPONSE in Support re: (96 in 1:06-cv-03042-BSJ-DCF, 103 in 1:06-cv-03038-BSJ-DCF, 105 in 1:06-cv-02962-BSJ-DCF, 114 in 1:06-cv-02956-BSJ-DCF, 98 in 1:06-cv-03040-BSJ-DCF, 188 in 1:06-cv-00615-BSJ-DCF, 2 in 1:08-cv-03522-BSJ, 85 in 1:06-cv-05159-BSJ-DCF, 108 in 1:06-cv-02557-BSJ-DCF, 3 in 1:08-md-01936-BSJ) MOTION for Reconsideration re; (2 in 1:08-md-01936-BSJ) Order.. Document filed by Union Pacific Railroad Company. Filed In Associated Cases: 1:08-md-01936-BSJ et al.(Wallor, Kyle) (Entered: 06/23/2008)
REPLY MEMORANDUM OF LAW in Support re: (85 in 1:06-cv-03040-BSJ-DCF) MOTION for Summary Judgment. (Reply Memo of Law in Support of Mazaroli Plaintiffs' Cross-Motion for Summary Judgment. Document filed by Indemnity Insurance Company of North America, Royal & Sun Alliance Insurance PLC, Mitsui Sumitomo Insurance Co. Ltd., Bank of Philippine Islands & Mitsui Sumitomo Insurance, Federal Insurance Company, ACK Controls, Inc.. Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF, 1:06-cv-02557-BSJ-DCF, 1:06-cv-02956-BSJ-DCF, 1:06-cv-03038-BSJ-DCF, 1:06-cv-03040-BSJ-DCF(Mazaroli, David) (Entered: 06/06/2008)
RESPONSE in Opposition re: (96 in 1:06-cv-02557-BSJ-DCF, 90 in 1:06-cv-03038-BSJ-DCF, 85 in 1:06-cv-03040-BSJ-DCF, 170 in 1:06-cv-00615-BSJ-DCF, 100 in 1:06-cv-02956-BSJ-DCF) MOTION for Summary Judgment. UP's Amended Response. Document filed by Union Pacific Railroad Company. Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF et al.(Wallor, Kyle) (Entered: 05/27/2008)
RESPONSE in Opposition re: (89 in 1:06-cv-02962-BSJ-DCF) CROSS MOTION Cross Motion for Summary Judgment. UP's Amended Response. Document filed by Union Pacific Railroad Company. Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF et al.(Wallor, Kyle) (Entered: 05/27/2008)
RESPONSE in Opposition re: (96 in 1:06-cv-02557-BSJ-DCF, 90 in 1:06-cv-03038-BSJ-DCF, 85 in 1:06-cv-03040-BSJ-DCF, 170 in 1:06-cv-00615-BSJ-DCF, 100 in 1:06-cv-02956-BSJ-DCF) MOTION for Summary Judgment. UP's Amended Response. Document filed by Union Pacific Railroad Company. Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF et al.(Wallor, Kyle) (Entered: 05/27/2008)
RESPONSE to Motion re: (96 in 1:06-cv-02557-BSJ-DCF, 90 in 1:06-cv-03038-BSJ-DCF, 85 in 1:06-cv-03040-BSJ-DCF, 170 in 1:06-cv-00615-BSJ-DCF, 100 in 1:06-cv-02956-BSJ-DCF) MOTION for Summary Judgment. Response to Mazaroli Plaintiff's Rule 56.1 Statement. Document filed by Union Pacific Railroad Company. Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF et al.(Wallor, Kyle) (Entered: 05/22/2008)
RESPONSE to Motion re: (67 in 1:06-cv-05159-BSJ-DCF) MOTION for Summary Judgment against defendant Union Pacific. Response to Tokio's 56.1 Statement. Document filed by Union Pacific Railroad. Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF et al.(Wallor, Kyle) (Entered: 05/22/2008)
RESPONSE to Motion re: (89 in 1:06-cv-02962-BSJ-DCF) CROSS MOTION Cross Motion for Summary Judgment. Response to Philips/Shurline's Rule 56.1 Statement. Document filed by Union Pacific Railroad Company. Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF et al.(Wallor, Kyle) (Entered: 05/22/2008)
RESPONSE to Motion re: (83 in 1:06-cv-03042-BSJ-DCF) CROSS MOTION for Summary Judgment. Response to Navigator's Rule 56.1 Statement. Document filed by Union Pacific Railroad Company. Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF et al.(Wallor, Kyle) (Entered: 05/22/2008)
REPLY to Response to Motion re: (77 in 1:06-cv-02962-BSJ-DCF, 60 in 1:06-cv-05159-BSJ-DCF, 81 in 1:06-cv-03038-BSJ-DCF, 75 in 1:06-cv-03042-BSJ-DCF, 160 in 1:06-cv-00615-BSJ-DCF, 87 in 1:06-cv-02557-BSJ-DCF, 91 in 1:06-cv-02956-BSJ-DCF, 76 in 1:06-cv-03040-BSJ-DCF) MOTION for Summary Judgment., (82 in 1:06-cv-02557-BSJ-DCF, 55 in 1:06-cv-05159-BSJ-DCF, 76 in 1:06-cv-03038-BSJ-DCF, 70 in 1:06-cv-03042-BSJ-DCF, 155 in 1:06-cv-00615-BSJ-DCF, 72 in 1:06-cv-02962-BSJ-DCF, 86 in 1:06-cv-02956-BSJ-DCF, 71 in 1:06-cv-03040-BSJ-DCF) MOTION for Partial Summary Judgment., (96 in 1:06-cv-02557-BSJ-DCF, 90 in 1:06-cv-03038-BSJ-DCF, 85 in 1:06-cv-03040-BSJ-DCF, 170 in 1:06-cv-00615-BSJ-DCF, 100 in 1:06-cv-02956-BSJ-DCF) MOTION for Summary Judgment. and in Opposition of Cross-Motions. Document filed by Union Pacific Railroad Company. Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF et al.(Wallor, Kyle) (Entered: 05/22/2008)
ENDORSED LETTER addressed to Judge Barbara S. Jones from Barry N. Gutterman dated 5/1/08 re: Counsel for defendant writes on April 24, 2008, Magistrate Freeman entered an Order regarding plaintiffs' cross-motions for summary judgment against UP, and for UP's reply as follows: Plaintiffs' response to Union Pacific's motions are due as well as Plaintiffs' cross-motions for summary judgment-4/30/08. Union Pacific's reply on its motion is due and its response to Plaintiffs' motion for summary judgment due-5/12/08. Plaintiffs' reply on its motion is due-5/19/08. UP's reply on its motion and its response to plaintiffs' cross motions for summary judgment are due 5/22/08. Plaintiff's reply on its motion is due 6/6/08. ENDORSEMENT: So Ordered. (Signed by Magistrate Judge Debra C. Freeman on 5/7/08) (js) (Entered: 05/07/2008)
DECLARATION of Richard F. Salz in Support re: 170 CROSS MOTION for Summary Judgment Against Union Pacific Railroad Co... Document filed by ACK Controls, Inc.. (Attachments: # 1 Exhibit 1. Subrogation Receipt)(Mazaroli, David) (Entered: 04/30/2008)
DECLARATION of Angela Liapis in Support re: 170 CROSS MOTION for Summary Judgment Against Union Pacific Railroad Co... Document filed by Federal Insurance Co.. (Attachments: # 1 Exhibit 1. Subrogation Receipt)(Mazaroli, David) (Entered: 04/30/2008)
DECLARATION of Richard F. Salz in Support re: (100 in 1:06-cv-02956-BSJ-DCF) MOTION for Summary Judgment.. Document filed by Bank of Philippine Islands & Mitsui Sumitom Insurance, Mitsui Sumitomo Insurance Co. Ltd.. (Attachments: # 1 Exhibit 1. Subrogation Receipts A,B, E, # 2 Exhibit 2. Subrogation Receipts C,D)Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF, 1:06-cv-02956-BSJ-DCF(Mazaroli, David) (Entered: 04/30/2008)
DECLARATION of Don J. Pedersen in Support re: 170 CROSS MOTION for Summary Judgment Against Union Pacific Railroad Co... Document filed by Indemnity Insurance Company of North America. (Attachments: # 1 Exhibit 1. Subrogation Receipt (Arvin Sango), # 2 Exhibit 2. Subrogation Receipt (XL Screw))(Mazaroli, David) (Entered: 04/30/2008)
MEMORANDUM OF LAW in Opposition re: (85 in 1:06-cv-03040-BSJ-DCF) MOTION for Summary Judgment., (71 in 1:06-cv-03040-BSJ-DCF) MOTION for Partial Summary Judgment. & in Support of Plaintiffs' Cross-Motion for Summary Judgment against Union Pacific. Document filed by Indemnity Insurance Company of North America, Royal & Sun Alliance Insurance PLC, Mitsui Sumitomo Insurance Co. Ltd., Bank of Philippine Islands & Mitsui Sumitomo Insurance, Federal Insurance Company, ACK Controls, Inc.. Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF, 1:06-cv-02557-BSJ-DCF, 1:06-cv-02956-BSJ-DCF, 1:06-cv-03038-BSJ-DCF, 1:06-cv-03040-BSJ-DCF(Mazaroli, David) (Entered: 04/30/2008)
FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - AFFIDAVIT of Don J. Pedersen in Support re: 170 CROSS MOTION for Summary Judgment Against Union Pacific Railroad Co.(DECLARATION OF DON J. PEDERSEN IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT). Document filed by Indemnity Insurance Company of North America. (Attachments: # 1 Exhibit 1. Subrogation Receipt (Arvin Sango), # 2 Exhibit 2. Subrogation Receipt (XL Screw))(Mazaroli, David) Modified on 4/30/2008 (KA). (Entered: 04/30/2008)
RULE 56.1 STATEMENT. Document filed by Indemnity Insurance Company of North America, Royal & Sun Alliance Insurance PLC, Mitsui Sumitomo Insurance Co. Ltd., Bank of Philippine Islands & Mitsui Sumitomo Insurance, Federal Insurance Company, ACK Controls, Inc.. Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF, 1:06-cv-02557-BSJ-DCF, 1:06-cv-02956-BSJ-DCF, 1:06-cv-03038-BSJ-DCF, 1:06-cv-03040-BSJ-DCF(Mazaroli, David) (Entered: 04/30/2008)
CROSS MOTION for Summary Judgment Against Union Pacific Railroad Co.. Document filed by Indemnity Insurance Company of North America, Royal & Sun Alliance Insurance PLC, Mitsui Sumitomo Insurance Co. Ltd., Bank of Philippine Islands & Mitsui Sumitomo Insurance, Federal Insurance Company, ACK Controls, Inc.. Responses due by 5/12/2008Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF, 1:06-cv-02557-BSJ-DCF, 1:06-cv-02956-BSJ-DCF, 1:06-cv-03038-BSJ-DCF, 1:06-cv-03040-BSJ-DCF(Mazaroli, David) (Entered: 04/30/2008)
AFFIRMATION of David L. Mazaroli in Opposition re: (86 in 1:06-cv-02956-BSJ-DCF) MOTION for Partial Summary Judgment.. Document filed by Indemnity Insurance Company of North America, Royal & Sun Alliance Insurance PLC, Mitsui Sumitomo Insurance Co. Ltd., Bank of Philippine Islands & Mitsui Sumitomo Insurance, Federal Insurance Company, ACK Controls, Inc.. (Attachments: # 1 Exhibit 1. Stipulation of Undisputed Facts, # 2 Exhibit 2 Second Stipulation, # 3 Exhibit 3. Second Amended Complaint (Mitsui), # 4 Exhibit 4. UP Answer to Second Amended Complaint, # 5 Exhibit 5. UP Answer IINA Complaint, # 6 Exhibit 6. UP Answer Royal Complaint, # 7 Exhibit 7. UP Answer to Federal Complaint, # 8 Exhibit 8. UP Answer to ACK Complaint, # 9 Exhibit 9. UP Response to First Admissions, # 10 Exhibit UP Supp. Response to Admissions 43 & 47, # 11 Exhibit 11. UP Response to Second Admissions, # 12 Exhibit 12. UP Response to Combined Req. for Docs, # 13 Exhibit 13. KL Supp Response to Comb. Doc Furth Doc Req., # 14 Exhibit 14. KL Supp. Resp. Admissions, # 15 Exhibit 15. Lane Dep., # 16 Exhibit 16. Cronin Dep., # 17 Exhibit 17. Cronin Dep. Exs. 24 & 25, # 18 Exhibit 18. Rubin Dep.)Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF, 1:06-cv-02557-BSJ-DCF, 1:06-cv-02956-BSJ-DCF, 1:06-cv-03038-BSJ-DCF, 1:06-cv-03040-BSJ-DCF(Mazaroli, David) (Entered: 04/30/2008)
RESPONSE., REPLY Plaintiffs Rule 56.1(b) Response to UP Statement of Undisputed facts. Document filed by Indemnity Insurance Company of North America, Royal & Sun Alliance Insurance PLC, Mitsui Sumitomo Insurance Co. Ltd., Bank of Philippine Islands & Mitsui Sumitomo Insurance, Federal Insurance Company, ACK Controls, Inc.. Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF, 1:06-cv-02557-BSJ-DCF, 1:06-cv-02956-BSJ-DCF, 1:06-cv-03038-BSJ-DCF, 1:06-cv-03040-BSJ-DCF(Mazaroli, David) (Entered: 04/30/2008)
CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL that pursuant to 28 U.S.C. 1407, the action(s) listed and pending be, and the same hereby are, transferred to the Southern District of New York and, with consent of that court, assigned to the Honorable Barbara S. Jones, for coordinated or consolidated pretrial proceedings with the actions pending in that district. (Signed by MDL Panel on 4/10/2008) (mbe) (Entered: 04/25/2008)
ENDORSED LETTER addressed to Judge Barbara S. Jones from Keith Dalen dated 4/16/08 re: Request that plaintiffs' responses to Union Pacific's motions are due as well as plaintiffs' cross motions for summary judgment, 4/30/08; Union Pacific's reply on its motion is due and its response to plaintiffs' motion for summary judgment, 5/12/08; plaintiffs' reply on its motion is due, 5/19/08. ENDORSEMENT: So ordered. ( Cross Motions due by 4/30/2008. Responses due by 4/30/2008. Replies due by 5/12/2008.) (Signed by Magistrate Judge Debra C. Freeman on 4/23/08) (cd) (Entered: 04/24/2008)
ORDER. On February 27, 2008, Defendants Kawasaki Kisen Kaisha, Ltd. and K-Line America, Inc. filed a motion to supplement their pending motions to dismiss. That same day, the Court granted their motions to dismiss. Their motion to supplement is therefore dismissed as moot; dismissing as moot (149) Motion for supplement pending motions to dismiss in case 1:06-cv-00615-BSJ-DCF; dismissing as moot(78) Motion for supplement pending motions to dismiss in case 1:06-cv-02557-BSJ-DCF; dismissing as moot (82) Motion for supplement pending motions to dismiss in case 1:06-cv-02956-BSJ-DCF; dismissing as moot (68) Motion for supplement pending motions to dismiss in case 1:06-cv-02962-BSJ-DCF; dismissing as moot (72) Motion for supplement pending motions to dismiss in case 1:06-cv-03038-BSJ-DCF; dismissing as moot (67) Motion for supplement pending motions to dismiss in case 1:06-cv-03040-BSJ-DCF; dismissing as moot (66) Motion for supplement pending motions to dismiss in case 1:06-cv-03042-BSJ-DCF; dismissing as moot (52) Motion for supplement pending motions to dismiss in case 1:06-cv-05159-BSJ-DCF. (Signed by Judge Barbara S. Jones on 4/21/08) Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF et al.(djc) (Entered: 04/22/2008)
MEMORANDUM OF LAW in Support re: (60 in 1:06-cv-05159-BSJ-DCF) MOTION for Summary Judgment. Against Plaintiffs Philips/Shur Line and Tokio Marine & Fire. Document filed by Union Pacific Railroad Company. Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF et al.(Wallor, Kyle) (Entered: 04/08/2008)
AFFIDAVIT of Terry Sheldon in Support re: (60 in 1:06-cv-05159-BSJ-DCF) MOTION for Summary Judgment.. Document filed by Union Pacific Railroad Company. (Attachments: # 1 Exhibit A ERTA, # 2 Exhibit B MITA.1, # 3 Exhibit B MITA.2, # 4 Exhibit B MITA.3)Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF et al.(Wallor, Kyle) (Entered: 04/08/2008)
AFFIDAVIT of Kyle Wallor in Support re: (60 in 1:06-cv-05159-BSJ-DCF) MOTION for Summary Judgment.. Document filed by Union Pacific Railroad Company. (Attachments: # 1 Exhibit A Philips Responses, # 2 Exhibit B Tokio's Responses, # 3 Exhibit C Claim Notices, # 4 Exhibit D Affidavit of Kimball in MDL, # 5 Exhibit E KL4298-99, # 6 Exhibit F Wallor Affidavit in MDL, # 7 Exhibit G Second Stip Re: Certain claims, # 8 Exhibit H Legislative History, # 9 Exhibit I Stipulation of Undisputed Facts)Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF et al.(Wallor, Kyle) (Entered: 04/08/2008)
STATEMENT OF RELATEDNESS re: that this action be filed as related to Pursuant to Rule 56.1 Statement of Undisputed Facts as to its Motion for Summary Judgment against Plaintiffs Philips/Shur Line, Tokio Marine and Fuji Photo Film. Document filed by Union Pacific Railroad Company.Associated Cases: 1:06-cv-00615-BSJ-DCF et al.(Wallor, Kyle) (Entered: 04/08/2008)
MOTION for Summary Judgment. Document filed by Union Pacific Railroad Company.Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF et al.(Wallor, Kyle) (Entered: 04/08/2008)
MEMORANDUM OF LAW in Support re: (55 in 1:06-cv-05159-BSJ-DCF) MOTION for Partial Summary Judgment.. Document filed by Union Pacific Railroad Company. Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF et al.(Wallor, Kyle) (Entered: 04/08/2008)
STATEMENT OF RELATEDNESS re: that this action be filed as related to 56.1 Statement of Undisputed Facts as to its Motion for Partial Summary Judgment against Plaintiffs. Document filed by Union Pacific Railroad Company.Associated Cases: 1:06-cv-00615-BSJ-DCF et al.(Wallor, Kyle) (Entered: 04/08/2008)
AFFIDAVIT of Terry Sheldon in Support re: (55 in 1:06-cv-05159-BSJ-DCF) MOTION for Partial Summary Judgment.. Document filed by Union Pacific Railroad Company. (Attachments: # 1 Exhibit A ERTA, # 2 Exhibit B MITA.1, # 3 Exhibit B MITA.2, # 4 Exhibit B MITA.3)Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF et al.(Wallor, Kyle) (Entered: 04/08/2008)
AFFIDAVIT of Kyle Wallor in Support re: (55 in 1:06-cv-05159-BSJ-DCF) MOTION for Partial Summary Judgment.. Document filed by Union Pacific Railroad Company. (Attachments: # 1 Exhibit A Philips Response to RFA, # 2 Exhibit B Tokio's Responses, # 3 Exhibit C Claim Notices, # 4 Exhibit D Affiavit of Kimball in MDL, # 5 Exhibit E KL4298-99, # 6 Exhibit F Wallor Affidavit in MDL, # 7 Exhibit G Second Stipulation Re: Certain Claims, # 8 Exhibit H Legislative History, # 9 Exhibit I Stipulation of Undisputed Facts)Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF et al.(Wallor, Kyle) (Entered: 04/08/2008)
MOTION for Partial Summary Judgment. Document filed by Union Pacific Railroad Company.Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF et al.(Wallor, Kyle) (Entered: 04/08/2008)
ENDORSED LETTER addressed to Magistrate Judge Debra Freeman from David L. Mazaroli dated 3/31/2008 re: Requesting a brief adjustments in the briefing schedule, as set forth herein. ENDORSEMENT: The schedule proposed herein is approved. There have already been several discovery extensions and the court is not persuaded that metallurgical testing scheduled for 4/16/2008 should be postponed. (Signed by Magistrate Judge Debra C. Freeman on 4/4/2008) (jpo) (Entered: 04/07/2008)
ENDORSED LETTER addressed to Magistrate Judge Debra C. Freeman from David L. Mazaroli dated 3/3/08 re: This joint letter of counsel submitted on behalf of all the parties to report the status of the consolidated litigation. Counsel collectively propose the following adjustments in the scheduling order: fact discovery due by 3/31/08. Experts are to be designated by 4/7/08. Experts' reports are to be exchanged by 4/30/08. Rebuttal reports, if any, are to be exchanged by 5/19/08. Deposition of experts to be completed by 6/16/08. ENDORSEMENT: SO ORDERED. (Signed by Magistrate Judge Debra C. Freeman on 3/11/08) Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF et al.(tro) (Entered: 03/12/2008)
ENDORSED LETTER addressed to Magistrate Judge Debra C. Freeman from David Mazaroli dated 2/29/08 re: Request to have until 3/3/08 to submit a status report. ENDORSEMENT: So ordered. ( Status Report due by 3/3/2008.) (Signed by Magistrate Judge Debra C. Freeman on 2/29/08) (cd) (Entered: 03/03/2008)
ORDER: the Court GRANTS all of Defendants' motions. Thus, the complaint in No. 06 Civ. 2557 is dismissed as to K-Line America, Inc., Kawasaki Kisen Kaisha, Ltd., and K-Line; the complaint in No. 06 Civ. 2962 is dismissed as to Kawasaki Kisen Kaisha Co., Ltd. d/b/a "K" Line; the complaint in No. 06 Civ. 3038 is dismissed as to "K" Line America, Inc., Kawasaki Kisen Kaisha, Ltd., and "K" Line; the complaint in No. 06 Civ. 3040 is dismissed as to "K" Line America, Inc., Kawasaki Kisen Kaisha, Ltd., and "K" Line; and the complaint in No. 06Civ. 3042 is dismissed as to "K" Line America, Inc. The complaint in 06 Civ. 2956 is dismissed as to Horizon Intermodal Express, Ltd. only. This Order therefore resolves the following motions: Documents Nos. 92 and 112 in Docket No. 06 Civ. 615; Document 27 in Docket No. 06 Civ. 2557; Document 54 in Docket No. 06 Civ. 2956; Document No. 13 in Docket No. 06 Civ. 2962; Document No. 16 in Docket No. 06 Civ. 3038; Document No. 14 in Docket No. 06 Civ. 3040; and Document No. 18 in Docket No. 06 Civ. 3042. (Signed by Judge Barbara S. Jones on 2/27/2008) Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF et al. (kkc) (Entered: 02/29/2008)
AFFIDAVIT of John D. Kimball in Support re: (52 in 1:06-cv-05159-BSJ-DCF) MOTION to Further Supplement Case Authorities in Support of Their Motion to Dismiss Complaints.. Document filed by K-Line America, Inc., Kawasaki Kisen Kaisha Ltd., Kawasaki Kisen Kaisha, Ltd., "K" Line America, Inc., "K" Line American, Inc., Kawasaki Kisen Kaisha Co., Ltd., Kawasaki Kisen Kaisha, Ltd., "K" Line America, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF et al.(Kimball, John) (Entered: 02/27/2008)
MOTION to Further Supplement Case Authorities in Support of Their Motion to Dismiss Complaints. Document filed by K-Line America, Inc., Kawasaki Kisen Kaisha Ltd., Kawasaki Kisen Kaisha, Ltd., "K" Line America, Inc., "K" Line American, Inc., Kawasaki Kisen Kaisha Co., Ltd., Kawasaki Kisen Kaisha, Ltd., "K" Line America, Inc..Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF et al.(Kimball, John) (Entered: 02/27/2008)
ENDORSED LETTER addressed to Magistrate Judge Debra C. Freeman from David L. Mazaroli dated 12/19/2007 re: proposed revised scheduling order: 1) Status Conference set for 1/22/2008 at 12:00 PM before Magistrate Judge Debra C. Freeman. 2) Fact Discovery due by 2/4/2008. Experts are to be designated by 2/19/2008. 3) Experts' reports exchanged by 3/14/2008. 4) Rebuttal reports are to be exchanged by 4/11/2008. 5) Depositions of experts due by 5/12/2008. ENDORSEMENT: So Ordered. (Signed by Magistrate Judge Debra C. Freeman on 12/26/2007) Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF et al. (jar) Modified on 1/16/2008 (jar). (Entered: 12/27/2007)
ENDORSED LETTER addressed to Magistrate Judge Debra C. Freeman from David L. Mazaroli dated 10/29/07 re: a request for a revised schedule as follows: status conference to be held 12/17/2007 at 10:00 AM, fact discovery due by 1/4/2008, experts to be designated by 1/16/2008, experts' reports are to be exchanged by 2/12/2008, rebuttal reports, if any, are to be exchanged by 3/11/2008, and depositions of experts to be completed by 4/11/2008. ENDORSEMENT: SO ORDERED (Signed by Judge Debra C. Freeman on 10/30/07) (kco) Modified on 11/8/2007 (kco). (Entered: 10/31/2007)
ENDORSED LETTER addressed to Magistrate Judge Debra C. Freeman from David Mazaroli dated 8/24/07 re: counsel for certain plaintiffs request the following revised scheduling order: status conference 10/22/07 at 2:00 p.m. in courtroom 17A; fact discovery is to be completed by 10/31/07; experts are to be designated by 11/16/07; experts' reports are to be exchanged by 12/12/07; rebuttal reports if any, are to be exchanged by 1/11/08; depositions of experts to be completed by 2/11/08. ENDORSEMENT: So Ordered. (Signed by Judge Debra C. Freeman on 9/4/07) (dle) (Entered: 09/19/2007)
LETTER addressed to Judge Barbara S. Jones from David D. Jensen dated 8/6/07 re: Counsel for Defendants K Line America, Inc. and Kawasaki Kisen Kaisha, Ltd. write in response to certain Plaintiffs' letter to the Court dated 7/23/07. Defendants ask that the Court should reject Plaintiff's attempt to concoct a question of fact. Document filed by K-Line America, Inc.(tro) (Entered: 08/14/2007)
LETTER addressed to Judge Barbara S. Jones from David D. Jensen dated 8/6/07 re: writes in response to certain Plaintiffs' letter to the court dated 7/23/07, and that the Court should reject certain Plaintiffs' attempt to concoct a question of fact. Document filed by Kawasaki Kisen Kaisha Ltd., K-Line.(pl) (Entered: 08/09/2007)
STIPULATION AND ORDER OF DISMISSAL defendant/third-party plaintiff Union Pacific Railroad Company and Third-Party Defendant CMT International, Inc, by and through their undersigned attorneys, and hereby stipulate that Union Pacific's third-party claims against CMT International (Dkt.#66) are dismissed without prejudice, each party to pay its own costs. By this Memorandum, Union Pacific does not dismiss claims against any party other than CMT International. SO ORDERED (Signed by Judge Barbara S. Jones on 7/11/2007) (jmi) (Entered: 07/16/2007)
NOTICE of Service of Discovery. Document filed by Union Pacific Railroad Company. Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF et al.(Wallor, Kyle) (Entered: 06/25/2007)
NOTICE of Serving Discovery. Document filed by Union Pacific Railroad Company. Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF et al.(Wallor, Kyle) (Entered: 06/21/2007)
ENDORSED LETTER addressed to Judge Freeman from David Mazaroli dated 6/15/07 re proposed revised scheduling order: so ordered.Fact Discovery due by 7/30/2007. Settlement Conference set for 7/6/2007 at 10:00 AM before Judge Barbara S. Jones. See document for other discovery deadlines. (Signed by Judge Debra C. Freeman on 6/15/07) (cd) (Entered: 06/19/2007)
MEMORANDUM AND OPINION # 94792 that for the reasons set forth in this opinion, the three motins to dismiss purs. to Rule 12(b)(2) for lack of personal jurisdiction of third party dfts CMT and Plano Molding are granted. (Signed by Judge Barbara S. Jones on 6/13/07) Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF et al.(dle) Modified on 6/15/2007 (Lewis, Diahan). Modified on 6/18/2007 (rw). (Entered: 06/15/2007)
STIPULATION TO WITHDRAW MOTION; KL's motion to dismiss Phillips PC Peripheral's complaint is withdrawn without costs and without prejudice. The motion as directed to plaintiff Shurline is maintained in full force and effect. (Signed by Judge Barbara S. Jones on 5/29/07) (kco) (Entered: 06/11/2007)
ENDORSED LETTER addressed to Magistrate Judge Debra C. Freeman from David Mazaroli dated 4/17/07 re: counsel for plaintiffs request the following revised schedule: fact discovery to be completed by 6/29/07; experts are to be designated by 7/18/07; experts' reports are to be exchanged by 8/22/07; rebuttal reports, if any, are to be exchanged by 9/13/07; depositions of experts to be completed by 10/30/07; status report to be submitted by 5/16/07; status conference is to be held on 6/6/07 at 11:00 a.m. So ordered. (Signed by Judge Debra C. Freeman on 5/9/07) (dle) (Entered: 05/10/2007)
NOTICE of Serving Discovery. Document filed by Union Pacific Railroad Company. Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF et al.(Wallor, Kyle) (Entered: 05/09/2007)
CERTIFICATE OF SERVICE of Summons and Second Amended Third-Party Complaint served on Shanghai Thi Freight Forwarding Co., Ltd. on January 12, 2007. Service was accepted by Zhang Zhijing. Service made by the Central Authority under the Hague Convention for the People's Republic of China, Ministry of Justice. Document filed by K-Line America, Inc., Kawasaki Kisen Kaisha Ltd., Kawasaki Kisen Kaisha, Ltd., "K" Line America, Inc., "K" Line American, Inc., Kawasaki Kisen Kaisha, Ltd., "K" Line America, Inc.. Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF et al.(Kimball, John) (Entered: 05/01/2007)
NOTICE of Service of Union Pacific's Responses to Plaintiffs' Second Request for Admissions to each Defendant and Third-Party Defendant. Document filed by Union Pacific Railroad Company. Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF et al.(Wallor, Kyle) (Entered: 04/30/2007)
DECLARATION of David L. Mazaroli in Opposition re: (54 in 1:06-cv-02956-BSJ-DCF) SUPPLEMENTAL MOTION to Dismiss WITH REVERSE SIDE OF THE HORIZON BILLS OF LADING BY DEFENDANT HORIZON INTERMODAL EXPRESS, LTD... Document filed by Mitsui Sumitomo Insurance Co. Ltd., Bank of Philippine Islands & Mitsui Sumitomo Insurance. (Attachments: # 1 Exhibit Lane Deposition Transcript Excerpt)Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF, 1:06-cv-02956-BSJ-DCF(Mazaroli, David) (Entered: 04/27/2007)
REPLY MEMORANDUM OF LAW in Opposition re: (54 in 1:06-cv-02956-BSJ-DCF) SUPPLEMENTAL MOTION to Dismiss WITH REVERSE SIDE OF THE HORIZON BILLS OF LADING BY DEFENDANT HORIZON INTERMODAL EXPRESS, LTD.. Surreply Pursuant to April 16, 2007 Order. Document filed by Mitsui Sumitomo Insurance Co. Ltd., Bank of Philippine Islands & Mitsui Sumitomo Insurance. Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF, 1:06-cv-02956-BSJ-DCF(Mazaroli, David) (Entered: 04/27/2007)
ORDER granting (85) Motion for to Supplement Case Authorities in Support of Motion to Dismiss of 9/13/2006 in case 1:06-cv-00615-BSJ-DCF; granting (44) Motion for to Supplement Case Authorities in Support of Motion to Dismiss of 9/13/2006 in case 1:06-cv-02557-BSJ-DCF; granting (34) Motion for to Supplement Case Authorities in Support of Motion to Dismiss of 9/13/2006 in case 1:06-cv-02956-BSJ-DCF; granting (33) Motion for to Supplement Case Authorities in Support of Motion to Dismiss of 9/13/2006 in case 1:06-cv-02962-BSJ-DCF; granting (38) Motion for to Supplement Case Authorities in Support of Motion to Dismiss of 9/13/2006 in case 1:06-cv-03038-BSJ-DCF; granting (33) Motion for to Supplement Case Authorities in Support of Motion to Dismiss of 9/13/2006 in case 1:06-cv-03040-BSJ-DCF; granting (31) Motion for to Supplement Case Authorities in Support of Motion to Dismiss of 9/13/2006 in case 1:06-cv-03042-BSJ-DCF; granting (20) Motion for to Supplement Case Authorities in Support of Motion to Dismiss of 9/13/2006 in case 1:06-cv-05159-BSJ-DCF. SO ORDERED.(Signed by Judge Barbara S. Jones on 4/16/2007) Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF et al.(jar) (Entered: 04/24/2007)
NOTICE of Serving Discovery Responses to Tokio's Notice to Admit. Document filed by Union Pacific Railroad Company. Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF et al.(Wallor, Kyle) (Entered: 04/06/2007)
NOTICE of Serving Discovery Responses to Plaintiff Navigator's First Request for Admissions to Each Defendant and Third-Party Defendant. Document filed by Union Pacific Railroad. Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF et al.(Wallor, Kyle) (Entered: 04/06/2007)
NOTICE of Service of Discovery. Document filed by Union Pacific Railroad Company. Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF et al.(Wallor, Kyle) (Entered: 04/06/2007)
ENDORSED LETTER addressed to Magistrate Judge Debra C. Freeman from John D. Kimball dated 3/26/07 re: Application DENIED without prejudice. The Court will review the status of all discovery at the next case management conference. (Signed by Judge Debra C. Freeman on 3/29/07) (db) (Entered: 04/02/2007)
CERTIFICATE OF SERVICE of Plaintiffs' Second Request for Admissions Addressed to Each Defendant and Third Party Defendant served on All Parties on March 31, 2007. Document filed by Federal Insurance Co., Royal & Sun Alliance Ins. Co., ACK Controls, Inc., Indemnity Insurance Company of North America, Mitsui Sumitom Insurance Co. Ltd.. (Mazaroli, David) (Entered: 03/31/2007)
NOTICE of Serving Discovery. Document filed by Union Pacific Railroad Company. Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF et al.(Wallor, Kyle) (Entered: 03/30/2007)
NOTICE of Service of Discovery to World Commerce Services, LLC. Document filed by Union Pacific Railroad Company. Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF et al.(Wallor, Kyle) (Entered: 03/26/2007)
ORDER REQUESTING ASSISTANCE PURSUANT TO THE HAGUE CONVENTION ON THE TAKING OF EVIDENCE IN CIVIL OR COMMERCIAL MATTERS: the Clerk shall transmit a copy of this Order along with the letters of request attached hereto as Exhibits A through D to the Central Authority of China. The appropriate judicial authority or authorities in China are authorized and requested to execute each Letter of Request that attached hereto Exhibits A through D. (Signed by Judge Debra C. Freeman on 3/19/07) (db) (Entered: 03/22/2007)
NOTICE of Serving Discovery to all Plaintiffs. Document filed by Union Pacific Railroad Company. Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF et al.(Wallor, Kyle) (Entered: 03/21/2007)
MEMORANDUM OF LAW in Opposition re: (54 in 1:06-cv-02956-BSJ-DCF) SUPPLEMENTAL MOTION to Dismiss WITH REVERSE SIDE OF THE HORIZON BILLS OF LADING BY DEFENDANT HORIZON INTERMODAL EXPRESS, LTD... Document filed by Mitsui Sumitomo Insurance Co. Ltd.. Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF, 1:06-cv-02956-BSJ-DCF(Mazaroli, David) (Entered: 03/20/2007)
DECLARATION of David L. Mazaroli in Opposition re: (54 in 1:06-cv-02956-BSJ-DCF) SUPPLEMENTAL MOTION to Dismiss WITH REVERSE SIDE OF THE HORIZON BILLS OF LADING BY DEFENDANT HORIZON INTERMODAL EXPRESS, LTD... Document filed by Mitsui Sumitomo Insurance Co. Ltd., Bank of Philippine Islands & Mitsui Sumitomo Insurance. (Attachments: # 1 Exhibit No. 1 Clause 4(E) Enlarged)Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF, 1:06-cv-02956-BSJ-DCF(Mazaroli, David) (Entered: 03/19/2007)
ENDORSED LETTER addressed to Judge Freeman from David Mazaroli dated 2/28/07 re proposed deadlines: so ordered and experts are to be designated by 5/18/07; experts' reports are to be exchanged by 6/22/07; rebuttal reports, if any, are to be exchanged by 7/13/07; depositions of experts to be completed by 8/31/07. Having reviewed the alternative proposal submitted by deft Union Pacific; and having considered its arguments in support of that alternative proposal, the Court is not persuated at this juncture that the longer schedule is necessary. (Signed by Judge Debra C. Freeman on 3/15/07) (cd) (Entered: 03/19/2007)
REPLY AFFIDAVIT of R. James DeRose, III in Support re: (21 in 1:06-cv-02557-BSJ-DCF) MOTION to Dismiss for Lack of Jurisdiction., (46 in 1:06-cv-00615-BSJ-DCF) MOTION to Dismiss for Lack of Jurisdiction (corrects docketing error). MOTION to Dismiss for Lack of Jurisdiction (corrects docketing error).. Document filed by Plano Molding Company. (Attachments: # 1 Exhibit February 12, 2007, Letter from DoubleClick, Inc. to David Jensen, Esq.# 2 Exhibit Decision in Regal-Beloit Corp. v. Kawasaki Kisen Kaisha, et al., Cv-06-3016 (C.D.Cal. Nov. 30, 2006)# 3 Exhibit Docket in Plano Molding Co. v. Red Box Toy USA, Inc., No. 91-4613 (S.D.N.Y.)# 4 Exhibit Stipulation and Order dismissing Plano Molding Co. v. Red Box Toy USA, Inc., No. 91-4613 (S.D.N.Y.)# 5 Exhibit Complaint in Plano Molding Co. v. Red Box Toy USA, Inc., NO. 91-4613 (S.D.N.Y.))Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF et al.(De Rose, R. James) (Entered: 03/15/2007)
REPLY MEMORANDUM OF LAW in Support re: (21 in 1:06-cv-02557-BSJ-DCF) MOTION to Dismiss for Lack of Jurisdiction., (46 in 1:06-cv-00615-BSJ-DCF) MOTION to Dismiss for Lack of Jurisdiction (corrects docketing error). MOTION to Dismiss for Lack of Jurisdiction (corrects docketing error).. Document filed by Plano Molding Company. Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF et al.(De Rose, R. James) (Entered: 03/15/2007)
NOTICE of of Service of Responses to Plaintiffs' Combined Requests for Production of Documents. Document filed by Union Pacific Railroad Company. Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF et al.(Wallor, Kyle) (Entered: 03/14/2007)
REPLY re: 110 Memorandum of Law in Opposition to Motion,. Document filed by CMT International, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Buchanan, Andrew) (Entered: 03/14/2007)
DECLARATION of ALISSA M. RYDER, ESQ. in Support re: 112 SUPPLEMENTAL MOTION to Dismiss WITH THE REVERSE SIDE OF THE HORIZON BILLS OF LADING BY DEFENDANT HORIZON INTERMODAL EXPRESS LTD.. Document filed by Horizon Intermodal Express, Ltd.. (Attachments: # 1 Exhibit A# 2 Affidavit OF SERVICE)(Ryder, Alissa) (Entered: 03/09/2007)
SUPPLEMENTAL MOTION to Dismiss WITH THE REVERSE SIDE OF THE HORIZON BILLS OF LADING BY DEFENDANT HORIZON INTERMODAL EXPRESS LTD. Document filed by Horizon Intermodal Express, Ltd..(Ryder, Alissa) (Entered: 03/09/2007)
SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: (31 in 1:06-cv-00615-BSJ-DCF) MOTION to Dismiss for Lack of Jurisdiction.. Document filed by K-Line America, Inc., Kawasaki Kisen Kaisha Ltd., Kawasaki Kisen Kaisha, Ltd., "K" Line America, Inc., "K" Line American, Inc., Kawasaki Kisen Kaisha Co., Ltd., Kawasaki Kisen Kaisha, Ltd., "K" Line America, Inc.. Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF et al.(Kimball, John) (Entered: 03/07/2007)
ENDORSED LETTER addressed to Judge Jones from James DeRose III dated 2/20/07 re extending time from 2/26 to 3/15 for Plano's reply to Plano's motion to dismiss: application granted. (Signed by Judge Barbara S. Jones on 2/21/07) (cd) (Entered: 03/05/2007)
ENDORSED LETTER addressed to Judge Debra C. Freeman from John D. Kimball dated 2/21/07 re: Counsel for defendants write in response to the interrogatory responses we received form third-party defendant CRIT International, Inc. and request that the Court order that CRIT produce M.T. Chang for a deposition addressing CRIT's relationship with the En Jinn Group. The Court having reviewed the interrogatory responses as a whole, as well as the deposition testimony of Ms.Lien and the opposition submission of CMT, the application by KAM and KL for a court-ordered deposition of M.T. Chang at this time is denied. KAM and KL are directed to file supplemental briefing on CRIT's motion to dismiss by 3/7/07, and CMIT is directed to respond to that briefing by 3/14/07 (except that counsel may negotiate a modification of that schedule if they wish provided the matter is fully submitted to Judge Jones by 3/16/07) So Orered. (Signed by Judge Debra C. Freeman on 2/22/07) (jco) (Entered: 02/23/2007)
ENDORSED LETTER addressed to Mag. Judge Freeman from John D. Kimball dated 1/31/07 re: KAM, KL and Plano requests that the Court enlarge the time permitted for KAM and KL to file their supplemental motion papers from January 31 to February 7, 2007 so that the confidentiality issues can be resolved without the necessity of Court intervention. So Ordered. (Signed by Judge Debra C. Freeman on 2/2/07) (djc) (Entered: 02/22/2007)
ENDORSED LETTER addressed to Judge Barbara S. Jones from Alissa M. Ryder dated 2/14/07 re: dft. requests permission to supplement the record with the reverse side of the Horizon Bill of Lading, which is relevant to Horizon's motion to dismiss. So Order. Application Granted. (Signed by Judge Barbara S. Jones on 2/14/07) (pl) (Entered: 02/21/2007)
SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: 46 MOTION to Dismiss for Lack of Jurisdiction (corrects docketing error).. Document filed by K-Line America, Inc., Kawasaki Kisen Kaisha Ltd.. (Kimball, John) (Entered: 02/14/2007)
ENDORSED LETTER addressed to Judge Debra C. Freeman from R. James DeRose, III dated 2/8/07 re: Counsel writes to jointly request that the Court enlarge the time permitted for "K" Line to file and serve the supplemental motion papers contemplated by the Court from 2/27/07 to 2/14/07. So Ordered. (Signed by Judge Debra C. Freeman on 2/8/07) (jco) (Entered: 02/13/2007)
NOTICE of Service of Supplemental Discovery. Document filed by Union Pacific Railroad Company. Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF et al.(Wallor, Kyle) (Entered: 02/09/2007)
NOTICE of Service of Supplemental Discovery. Document filed by Union Pacific Railroad. Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF et al.(Wallor, Kyle) (Entered: 02/09/2007)
NOTICE of Service of Supplemental Discovery. Document filed by Union Pacific Railroad Company. Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF et al.(Wallor, Kyle) (Entered: 02/09/2007)
NOTICE of Service of Discovery. Document filed by Union Pacific Railroad Company. Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF et al.(Wallor, Kyle) (Entered: 02/06/2007)
NOTICE of Service of Discovery. Document filed by Union Pacific Railroad Company, Inc.. Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF et al.(Wallor, Kyle) (Entered: 02/06/2007)
NOTICE of Service of Discovery. Document filed by Union Pacific Railroad Company. Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF et al.(Wallor, Kyle) (Entered: 02/06/2007)
MEMORANDUM OF LAW in Opposition re: 92 MOTION to Dismiss Plaintiffs' Complaint.. Document filed by Mitsui Sumitom Insurance Co. Ltd., Bank of Philippine Islands & Mitsui Sumitom Insurance. (Mazaroli, David) (Entered: 01/26/2007)
DECLARATION of James W. Carbin, Esq. in Support re: (40 in 1:06-cv-02956-BSJ-DCF, 92 in 1:06-cv-00615-BSJ-DCF) MOTION to Dismiss.. Document filed by Horizon Intermodal Express Ltd.. Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF, 1:06-cv-02956-BSJ-DCF(Carbin, James) (Entered: 01/17/2007)
ENDORSED LETTER addressed to Judge Debra C. Freeman from David L. Mazaroli dated 12/15/2006 re: a request for an extension of fact discovery up to and including 4/30/2007. ENDORSEMENT: Granted. Parties to confer regardinga schedule for expert discovery and propose such schedule to the Court. (Signed by Judge Debra C. Freeman on 1/3/07) (kco, ) (Entered: 01/05/2007)
ORDER that the motion for admission pro hac vice is granted, subject to payment of the requisite fee. Kyle Wallor, Esq. may appear and be heard at hearings in this case and any and all proceedings arising therein, and Barry N. Gutterman and Barry N. Gutterman & Associates, P.C. shall serve as local counsel. (Signed by Judge Barbara S. Jones on 12/4/2006) Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF,1:06-cv-02557-BSJ-DCF,1:06-cv-02956-BSJ-DCF,1:06-cv-02962-BSJ-DCF, 1:06-cv-03038-BSJ-DCF,1:06-cv-03040-BSJ-DCF,1:06-cv-03042-BSJ-DCF,1:06-cv-05159-BSJ(jmi, ) (Entered: 12/05/2006)
ORDER granting 87 Motion to Withdraw as Attorney. Attorney John P. Meade terminated . (Signed by Judge Barbara S. Jones on 11/21/2006) Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF,1:06-cv-02557-BSJ-DCF,1:06-cv-02956-BSJ-DCF,1:06-cv-02962-BSJ-DCF, 1:06-cv-03038-BSJ-DCF,1:06-cv-03040-BSJ-DCF,1:06-cv-03042-BSJ-DCF,1:06-cv-05159-BSJ(lb, ) (Entered: 12/01/2006)
FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION for Leave to Appear Pro Hac Vice for Kyle Wallor, Esq.. Document filed by Union Pacific Railroad Company. Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF,1:06-cv-02557-BSJ-DCF,1:06-cv-02956-BSJ-DCF,1:06-cv-02962-BSJ-DCF, 1:06-cv-03038-BSJ-DCF,1:06-cv-03040-BSJ-DCF,1:06-cv-03042-BSJ-DCF,1:06-cv-05159-BSJ(Gutterman, Barry) Modified on 11/30/2006 (kg, ). (Entered: 11/29/2006)
MOTION for John P. Meade to Withdraw as Attorney. Document filed by K-Line America, Inc., Kawasaki Kisen Kaisha Ltd.. Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF,1:06-cv-02557-BSJ-DCF,1:06-cv-02956-BSJ-DCF,1:06-cv-02962-BSJ-DCF, 1:06-cv-03038-BSJ-DCF,1:06-cv-03040-BSJ-DCF,1:06-cv-03042-BSJ-DCF,1:06-cv-05159-BSJ(Kimball, John) (Entered: 11/22/2006)
AFFIDAVIT of John D. Kimball in Support re: 85 MOTION to Supplement Case Authorities in Support of Their Motion to Dismiss Complaints.. Document filed by K-Line America, Inc., Kawasaki Kisen Kaisha Ltd.. (Attachments: # 1 Exhibit 1)Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF,1:06-cv-02557-BSJ-DCF,1:06-cv-02956-BSJ-DCF,1:06-cv-02962-BSJ-DCF, 1:06-cv-03038-BSJ-DCF,1:06-cv-03040-BSJ-DCF,1:06-cv-03042-BSJ-DCF,1:06-cv-05159-BSJ(Kimball, John) (Entered: 11/17/2006)
MOTION to Supplement Case Authorities in Support of Their Motion to Dismiss Complaints. Document filed by K-Line America, Inc., Kawasaki Kisen Kaisha Ltd.. Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF,1:06-cv-02557-BSJ-DCF,1:06-cv-02956-BSJ-DCF,1:06-cv-02962-BSJ-DCF, 1:06-cv-03038-BSJ-DCF,1:06-cv-03040-BSJ-DCF,1:06-cv-03042-BSJ-DCF,1:06-cv-05159-BSJ(Kimball, John) (Entered: 11/17/2006)
ORDER granting 83 Motion to Withdraw as Attorney. Robert A. Mooney is hereby authorized to withdraw as attorney for Thitd-Party Plaintiff Union Pacific Railroad Company in this action. (Signed by Judge Barbara S. Jones on 11/8/2006) (lb, ) (Entered: 11/15/2006)
MOTION for Robert A. Mooney to Withdraw as Attorney. Document filed by Union Pacific Railroad Company. Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF,1:06-cv-02557-BSJ-DCF,1:06-cv-02956-BSJ-DCF,1:06-cv-02962-BSJ-DCF, 1:06-cv-03038-BSJ-DCF,1:06-cv-03040-BSJ-DCF,1:06-cv-03042-BSJ-DCF,1:06-cv-05159-BSJ(Gutterman, Barry) (Entered: 11/06/2006)
ENDORSED LETTER addressed to Magistrate Judge Debra C. Freeman from R. James DeRose, III dated 10/24/2006 re: requesting to enlarge Plano's time to produce its witness until 11/29. ENDORSEMENT: So Ordered. (Signed by Magistrate Judge Debra C. Freeman on 10/31/2006) (lb, ) (Entered: 11/02/2006)
CERTIFICATE OF SERVICE of Answer to K-Line's Third-Party Complaint (06-cv-0615); Answer to Union Pacific's Third Party Complaint, Affirmative Defenses, Cross Claim and Counter Claim (06-cv-0615); and Answer to Union Pacific's Third Party Complaint (06-cv-2557) served on THI Group, Ltd. on 9/1/2006. Service was accepted by Zhang Zhi ying. Document filed by World Commerce Services, L.L.C., World Commerce Services, L.L.C., World Commerce Services, L.L.C., World Commerce Services, L.L.C., World Commerce Services, L.L.C.. Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF,1:06-cv-02557-BSJ-DCF(Wolf, Kenneth) (Entered: 10/27/2006)
ENDORSED LETTER addressed to Judge Jones from R. James DeRose, III dated 10/13/06: re Plano Molding request that its reply brief shall be due 10/30/06: Application granted. (Signed by Judge Barbara S. Jones on 10/18/06) (cd, ) (Entered: 10/23/2006)
ENDORSED LETTER addressed to Judge Debra C.Freeman from David L. Mazaroli dated 10/18/06 re: a joint request by all parties that the telephone conference scheduled for 10/20/06 be cancelled. ENDORSEMENT: SO ORDERED. (Signed by Judge Debra C. Freeman on 10/19/06) (kco, ) (Entered: 10/19/2006)
SECOND AMENDED THIRD PARTY COMPLAINT amending 66 Amended Third Party Complaint.Document filed by K-Line, Kawasaki Kisen Kaisha Ltd. Related document: 66 Amended Third Party Complaint, filed by Union Pacific Railroad Company, Inc. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7)(jco, ) (Entered: 10/18/2006)
FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT -MOTION for Extension of Time to File Response/Reply as to 46 MOTION to Dismiss for Lack of Jurisdiction (corrects docketing error). Document filed by Plano Molding Company. Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF,1:06-cv-02557-BSJ-DCF,1:06-cv-02956-BSJ-DCF,1:06-cv-02962-BSJ-DCF, 1:06-cv-03038-BSJ-DCF,1:06-cv-03040-BSJ-DCF,1:06-cv-03042-BSJ-DCF,1:06-cv-05159-BSJ(De Rose, R. James) Modified on 10/16/2006 (kg). (Entered: 10/13/2006)
ANSWER to Amended Complaint., CROSSCLAIM against Union Pacific Railroad Company. Document filed by K-Line America, Inc., Kawasaki Kisen Kaisha Ltd., K-Line America, Inc., Kawasaki Kisen Kaisha Ltd.. Related document: 71 Amended Complaint, filed by Indemnity Insurance Company of North America,.(Kimball, John) (Entered: 10/11/2006)
ENDORSED LETTER addressed to Judge Barbara S. Jones from David D. Jensen dated 10/5/06 re: K Line and counsel for the plaintiffs in all of the above actions have agreed to extend the time for K Line to file its reply brief through October 11, 2006. This will permit K Line to file a single consolidated reply brief. ENDORSEMENT: Application GRANTED. So Ordered. (Signed by Judge Barbara S. Jones on 10/6/06) (js, ) (Entered: 10/11/2006)
ANSWER to Amended Complaint. Document filed by Union Pacific Railroad Company. Related document: 71 Amended Complaint, filed by Indemnity Insurance Company of North America,.(Gutterman, Barry) (Entered: 10/10/2006)
AMENDED COMPLAINT amending 1 Complaint against K-Line America, Inc., Kawasaki Kisen Kaisha Ltd., K-Line, Union Pacific Railroad Company.Document filed by Indemnity Insurance Company of North America. Related document: 1 Complaint filed by Indemnity Insurance Company of North America.(jco, ) (Entered: 09/29/2006)
STIPULATION AND ORDER; pursuant to Rule 42(a) of the F.R.C.P. the following actions: 06cv615, 06cv2557, 06cv2956, 06cv2962, 06cv3038, 06cv3040, 06cv3042, 06cv5159 are consolidated for all purposes. (Signed by Judge Barbara S. Jones on 9/22/06) Filed In Associated Cases: 1:06-cv-00615-BSJ-DCF,1:06-cv-02557-BSJ-DCF,1:06-cv-02956-BSJ-DCF,1:06-cv-02962-BSJ-DCF, 1:06-cv-03038-BSJ-DCF,1:06-cv-03040-BSJ-DCF,1:06-cv-03042-BSJ-DCF,1:06-cv-05159-BSJ(kco, ) (Entered: 09/26/2006)
ENDORSED LETTER addressed to Judge Barbara S. Jones from John D. Kimball dated 8/31/06 re: granting the Third-Party dfts and plaintiffs requests that KL's response to Plano's motion to dismiss is extended to 9/8/06. (Signed by Judge Barbara S. Jones on 9/8/06) (pl, ) (Entered: 09/11/2006)
MEMORANDUM OF LAW in Opposition re: 46 MOTION to Dismiss for Lack of Jurisdiction (corrects docketing error).. Document filed by K-Line America, Inc., Kawasaki Kisen Kaisha Ltd., K-Line America, Inc., Kawasaki Kisen Kaisha Ltd.. (Kimball, John) (Entered: 09/08/2006)
AMENDED THIRD PARTY COMPLAINT amending 24 Third Party Complaint. Document filed by Union Pacific Railroad Company, Inc. Related document: 24 Third Party Complaint, filed by Kawasaki Kisen Kaisha Ltd., K-Line, Union Pacific Railroad Company, K-Line America, Inc.(db, ) Additional attachment(s) added on 8/17/2006 (rag, ). (Entered: 08/16/2006)
ENDORSED LETTER addressed to Judge Barbara S. Jones from John D. Kimball dated 6/21/06 re: Application GRANTED. Third Party plaintiffs' response is due on or before 9/1/06. (Signed by Judge Barbara S. Jones on 8/15/06) (db, ) (Entered: 08/16/2006)
ENDORSED LETTER addressed to Judge Barbara S. Jones from Barry N. Gutterman dated 7/31/06 re: granting request that Your Honor hold in abeyance a ruling on Plano's motion to Dismiss Union Pacific's Third-Party Complaint. (Signed by Judge Barbara S. Jones on 8/3/06) (pl, ) (Entered: 08/03/2006)
CIVIL CASE MANAGEMENT PLAN: Amended Pleadings due by 9/30/2006. Joinder of Parties due by 9/30/2006. Discovery due by 1/31/2007. Status Conference is set for 9/26/2006 at 10:00 AM before Magistrate Judge Debra C. Freeman in Courtroom 17A. (Signed by Judge Debra C. Freeman on 7/25/06) (kco, ) (Entered: 07/26/2006)
REPLY MEMORANDUM OF LAW in Support re: 52 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Plano Molding Company. (De Rose, R. James) (Entered: 07/20/2006)
ENDORSED LETTER addressed to Judge Barbara S. Jones from John D. Kimball dated 7/14/2006 re: writing to advise the Court that Plano has agreed to further extend the time for KL's response to 8/11/2006. ENDORSEMENT: Application Granted. So Ordered. (Signed by Judge Barbara S. Jones on 7/14/2006) (lb, ) (Entered: 07/17/2006)
ENDORSED LETTER addressed to Judge Barbara S. Jones from John D. Kimball dated 6/21/2006 re: Plano agrees to extend the due date for KL's answering brief to 7/14/2006. ENDORSEMENT: Application Granted. KL's opposition to Plano's motion is due on or before 7/14/2006. (Signed by Judge Barbara S. Jones on 6/23/2006) (lb, ) (Entered: 07/10/2006)
MEMORANDUM OF LAW in Opposition re: 52 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Union Pacific Railroad Company, Union Pacific Railroad Company. (Gutterman, Barry) (Entered: 06/21/2006)
ENDORSED LETTER: addressed to Judge Barbara S. Jones from David D. Jensen dated 5/16/2006. KL's answering brief to Plano's motion shall be due on 5/25/2006, and Plano's reply brief shall be due three weeks thereafter on 6/15/2006. ENDORSEMENT: So Ordered. (Signed by Judge Barbara S. Jones on 5/25/2006) (lb, ) (Entered: 06/01/2006)
MEMORANDUM OF LAW in Support re: 52 MOTION to Dismiss Third-party Complaint. Document filed by Plano Molding Company. (Attachments: # 1 Exhibit Third Party Complaint (Union Pacific))(De Rose, R. James) Modified on 6/15/2006 (kg, ). (Entered: 05/31/2006)
AFFIDAVIT of Lisa Siroky in Support re: 52 MOTION to Dismiss Third-Party Complaint. Document filed by Plano Molding Company. (De Rose, R. James) Modified on 6/15/2006 (kg). (Entered: 05/31/2006)
FILING ERROR - DUPLICATED DOCKET ENTRY SEE #31 MOTION to Dismiss Third-Party Complaint. Document filed by Plano Molding Company. Responses due by 6/12/2006 Return Date set for 6/30/2006 10:00 AM. (De Rose, R. James) Modified on 6/15/2006 (kg, ). Modified on 3/12/2007 (DLW). (Entered: 05/31/2006)
AFFIDAVIT OF SERVICE of Summons and Third Party Complaint,. Plano Molding Company served on 2/15/2006, answer due 3/7/2006. Service was accepted by Peggy Vaughn. Document filed by K-Line America, Inc.; Kawasaki Kisen Kaisha Ltd.. (Kimball, John) (Entered: 05/31/2006)
SUMMONS RETURNED EXECUTED Summons and Answer to Complaint, Answer to Crossclaim,, Answer to Third Party Complaint,,,,,, served. Service was accepted by Sharon Iltis, Sales. Document filed by Union Pacific Railroad Company, Union Pacific Railroad Company. (Gutterman, Barry) (Entered: 05/22/2006)
AFFIDAVIT OF SERVICE of Summons and Answer to Complaint, Answer to Crossclaim,, Answer to Third Party Complaint,,,,,,. Service was accepted by Peter Henning, Authorized Agent. Document filed by Union Pacific Railroad Company, Union Pacific Railroad Company, Union Pacific Railroad Company, Union Pacific Railroad Company. (Gutterman, Barry) (Entered: 05/05/2006)
AFFIDAVIT of Lisa Siroky in Support re: 42 MOTION to Dismiss for Lack of Jurisdiction., 46 MOTION to Dismiss for Lack of Jurisdiction (corrects docketing error)., 45 MOTION to Dismiss for Lack of Jurisdiction (Corrects filling).. Document filed by Plano Molding Company. (De Rose, R. James) (Entered: 05/05/2006)
MEMORANDUM OF LAW in Support re: 42 MOTION to Dismiss for Lack of Jurisdiction., 45 MOTION to Dismiss for Lack of Jurisdiction (Corrects filling)., 46 MOTION to Dismiss for Lack of Jurisdiction (corrects docketing error).. Document filed by Plano Molding Company. (Attachments: # 1 Exhibit Attached Third-Party Complaint)(De Rose, R. James) (Entered: 05/05/2006)
FILING ERROR - DUPLICATED DOCKET ENTRY SEE #31 MOTION to Dismiss for Lack of Jurisdiction (corrects docketing error). Document filed by Plano Molding Company. Responses due by 5/12/2006 Return Date set for 5/31/2006 10:00 AM. (De Rose, R. James) Modified on 3/12/2007 (DLW). (Entered: 05/05/2006)
FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - MOTION to Dismiss for Lack of Jurisdiction (Corrects filing) (MEMORANDUM OF LAW IN SUPPORT OF MOTION TO DISMISS). Document filed by Plano Molding Company. Responses due by 5/12/2006 Return Date set for 5/31/2006 10:00 AM. (Attachments: # 1 Exhibit Affidavit of Lisa Siroky# 2 Exhibit Third-Party Complaint)(De Rose, R. James) Modified on 5/5/2006 (kg). (Entered: 05/04/2006)
AFFIDAVIT OF SERVICE of Summons and Answer to Complaint, Answer to Crossclaim,, Answer to Third Party Complaint,,,,,,. Service was accepted by Elena Bou. Document filed by Union Pacific Railroad Company, Union Pacific Railroad Company, Union Pacific Railroad Company, Union Pacific Railroad Company, Union Pacific Railroad Company. (Gutterman, Barry) (Entered: 05/02/2006)
AFFIDAVIT OF SERVICE of Summons and Answer to Complaint, Answer to Crossclaim,, Answer to Third Party Complaint,,,,,,. Service was accepted by Elena Bou. Document filed by Union Pacific Railroad Company, Union Pacific Railroad Company, Union Pacific Railroad Company, Union Pacific Railroad Company. (Gutterman, Barry) (Entered: 05/02/2006)
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss for Lack of Jurisdiction. Document filed by Plano Molding Company. Responses due by 5/12/2006 Return Date set for 5/31/2006 10:00 AM. (Attachments: # 1 Supplement Memorandum of Law# 2 Exhibit Affidavit of Lisa Siroky# 3 Exhibit Third Party Complaint)(De Rose, R. James) Modified on 5/4/2006 (kg). (Entered: 05/01/2006)
REPLY MEMORANDUM OF LAW in Support re: 31 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by CMT International, Inc.. (Attachments: # 1 Exhibit Second Declaration of Monica Lien)(Buchanan, Andrew) (Entered: 04/20/2006)
MEMORANDUM OF LAW in Opposition re: 31 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by K-Line America, Inc., Kawasaki Kisen Kaisha Ltd., K-Line America, Inc., Kawasaki Kisen Kaisha Ltd.. (Kimball, John) (Entered: 04/13/2006)
MEMORANDUM OF LAW in Support re: 31 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by CMT International, Inc.. (Attachments: # 1 # 2 # 3 # 4)(Hardison, Michael) (Entered: 03/24/2006)
NOTICE of Voluntary Dismissal pursuant to Rule 41(a)(1) of the F.R.C.P. The third party complaint against World Inc. shall be and it hereby is dismissed without prejudice. (Signed by Judge Barbara S. Jones on 3/19/06) (kco, ) (Entered: 03/20/2006)
AFFIDAVIT of Deborah C. Feld re: 17 Amended Third Party Complaint, Affidavit of Service of Amended Third-Party Complaint Upon All Appearing Counsel, David L. Mazaroli, Esq. and Barry N. Gutterman & Associates, P.C. By First Class Mail. Document filed by K-Line America, Inc., Kawasaki Kisen Kaisha Ltd., K-Line America, Inc., Kawasaki Kisen Kaisha Ltd., K-Line America, Inc., K-Line America, Inc., Kawasaki Kisen Kaisha Ltd., Kawasaki Kisen Kaisha Ltd.. (Kimball, John) (Entered: 03/15/2006)
AFFIDAVIT OF SERVICE of Summons and Third Party Complaint,. CMT International, Inc. served on 2/14/2006, answer due 3/6/2006. Service was accepted by Sharon Iltis, Sales Manager. Document filed by K-Line America, Inc.; Kawasaki Kisen Kaisha Ltd.; K-Line America, Inc.; Kawasaki Kisen Kaisha Ltd.; K-Line America, Inc.; K-Line America, Inc.; Kawasaki Kisen Kaisha Ltd.; Kawasaki Kisen Kaisha Ltd.. (Kimball, John) (Entered: 03/15/2006)
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Debra C. Freeman. (Signed by Judge Barbara S. Jones on 3/13/2006) (lb, ) (Entered: 03/15/2006)
FIRST AMENDED THIRD PARTY COMPLAINT amending 5 Third Party Complaint, against.Document filed by K-Line America, Inc., Kawasaki Kisen Kaisha Ltd.. Related document: 5 Third Party Complaint, filed by Kawasaki Kisen Kaisha Ltd.,, K-Line America, Inc..(sac, ) Additional attachment(s) added on 3/20/2006 (sac, ). (Entered: 03/13/2006)
ORDER; that Robert A. Mooney and William M. Lamson, Jr are admitted pro hac vice on behalf of dft.Union Pacific Railroad Company. (Signed by Judge Barbara S. Jones on 3/9/06) (pl, ) (Entered: 03/10/2006)
FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION to Approve Admission Pro Hac Vice for Robert A. Mooney and William M. Lamson, Jr. Document filed by Union Pacific Railroad Company, Union Pacific Railroad Company, Union Pacific Railroad Company, Union Pacific Railroad Company. (Gutterman, Barry) Modified on 3/7/2006 (kg). (Entered: 03/07/2006)
FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION for Leave to Appear Pro Hac Vice for William M. Lamson, Jr., Esq. Document filed by Union Pacific Railroad Company, Union Pacific Railroad Company, Union Pacific Railroad Company, Union Pacific Railroad Company. (Attachments: # 1 Exhibit Certificate of Good Standing)(Gutterman, Barry) Modified on 3/7/2006 (kg). (Entered: 03/07/2006)
FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION for Leave to Appear Pro Hace Vice for Robert A. Mooney, Esq. Document filed by Union Pacific Railroad Company, Union Pacific Railroad Company, Union Pacific Railroad Company, Union Pacific Railroad Company. (Attachments: # 1 Exhibit Certificate of Good Standing)(Gutterman, Barry) Modified on 3/7/2006 (kg). (Entered: 03/07/2006)
ANSWER to Complaint., ANSWER to Crossclaim., ANSWER to Crossclaim., ANSWER to Third Party Complaint., THIRD PARTY COMPLAINT against CMT International, Inc., Kunshan Yuanjin Plastic & Electronic Co., Ltd., Plano Molding Company, Thi Group, Ltd., World Commerce Services, Inc., World Commerce Services, L.L.C.. Document filed by Union Pacific Railroad Company, Union Pacific Railroad Company, Union Pacific Railroad Company.(Gutterman, Barry) (Entered: 03/01/2006)
AFFIDAVIT OF SERVICE. Union Pacific Railroad Company served on 2/8/2006, answer due 2/28/2006. Service was accepted by Ms. Gonzales, Gen. Agent. Document filed by Indemnity Insurance Company of North America. (Mazaroli, David) (Entered: 02/18/2006)
AFFIDAVIT OF SERVICE. Kawasaki Kisen Kaisha Ltd. served on 2/2/2006, answer due 2/22/2006. Service was accepted by David Mills, Senior VP. Document filed by Indemnity Insurance Company of North America. (Mazaroli, David) (Entered: 02/18/2006)
SUMMONS RETURNED EXECUTED Summons and Third Party Complaint, served. World Commerce Services, L.L.C. served on 2/10/2006, answer due 3/2/2006. Service was accepted by Ms. Nora Dindyal, Process Specialist for Defendant's Agent for Service of Process C.T. Corporation System at 111 Eighth Avenue, New York, New York. Document filed by K-Line America, Inc.; Kawasaki Kisen Kaisha Ltd.; K-Line America, Inc.; Kawasaki Kisen Kaisha Ltd.; K-Line America, Inc.; Kawasaki Kisen Kaisha Ltd.; K-Line. (Kimball, John) (Entered: 02/16/2006)
COMPLAINT against K-Line America, Inc., Kawasaki Kisen Kaisha Ltd., K-Line, Union Pacific Railroad Company. (Filing Fee $ 250.00, Receipt Number 568470)Document filed by Indemnity Insurance Company of North America.(jeh, ) (Entered: 01/26/2006)
Update
Alerts
Jump