ORDER The Clerk of the Court is directed to close the above captioned matter. SO ORDERED (Signed by Judge Barbara S. Jones on 4/28/2011) (jmi) (Entered: 04/28/2011)
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 135 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)
INTERVENOR COMPLAINT against Plano Molding Company, CMT International, Inc..Document filed by Union Pacific Railroad Company. Original Filed In Associated Case 1:08-md-01936 BSJ et al.(jmi) Modified on 3/30/2009 (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 "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)
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)
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)
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)
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)
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 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)
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 2/22/2008 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) (Entered: 12/27/2007)
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)
MEMORANDUM AND OPINION that for the reasons set forth in this opinion, the three motions 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 6/18/2007 (KA). (Entered: 06/15/2007)
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)
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)
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)
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)
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)
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)
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)
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)
REPLY MEMORANDUM OF LAW in Support re: 44 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 A)(Kimball, John) (Entered: 11/28/2006)
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)
JOINT MEMORANDUM OF LAW in Opposition re: 44 MOTION to Supplement Case Authorities in Support of Their Motion to Dismiss Complaints.. Document filed by Royal & Sun Alliance Insurance PLC. (Mazaroli, David) (Entered: 11/21/2006)
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)
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)
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)
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 (LETTER). 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)
DECLARATION of John P. Meade in Support re: 27 MOTION to Dismiss the Complaint.. Document filed by K-Line America, Inc., Kawasaki Kisen Kaisha, Ltd.. (Kimball, John) (Entered: 10/11/2006)
REPLY MEMORANDUM OF LAW in Support re: 27 MOTION to Dismiss the Complaint.. Document filed by K-Line America, Inc., Kawasaki Kisen Kaisha, Ltd.. (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: 33 Amended Complaint, filed by Royal & Sun Alliance Insurance PLC,.(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 Royal & Sun Alliance Insurance PLC. Related document: 1 Complaint filed by Royal & Sun Alliance Insurance PLC.(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)
AFFIDAVIT of David L. Mazaroli in Opposition re: 27 MOTION to Dismiss the Complaint.. Document filed by Royal & Sun Alliance Insurance PLC. (Attachments: # 1 Exhibit Docket Sheet 06-0615# 2 Exhibit Ex. 2 K-Line Disclosure Statement# 3 Exhibit Ex. 3 K-Line Discovery Notices# 4 Exhibit Ex. 4 Union Pacific Letter to K-Line# 5 Exhibit Ex. 5 Order in XCES v. NYK Line# 6 Exhibit Ex. 6 Kinkade Decl. & Ex. 1# 7 Exhibit Ex. 7 E-mail from UP counsel re waybills)(Mazaroli, David) (Entered: 09/25/2006)
JOINT MEMORANDUM OF LAW in Opposition re: 27 MOTION to Dismiss the Complaint.. Document filed by Royal & Sun Alliance Insurance PLC. (Mazaroli, David) (Entered: 09/25/2006)
MEMORANDUM OF LAW in Support re: 27 MOTION to Dismiss the Complaint.. Document filed by K-Line America, Inc., Kawasaki Kisen Kaisha, Ltd.. (Kimball, John) (Entered: 09/13/2006)
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)
ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney John P. Meade for K-Line America, Inc. and Kawasaki Kisen Kaisha, Ltd. admitted Pro Hac Vice. (Signed by Judge Barbara S. Jones on 7/6/2006) (lb, ) (Entered: 07/10/2006)
AFFIDAVIT of Lisa Siroky in Support re: 21 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Plano Molding Company. (De Rose, R. James) (Entered: 07/07/2006)
MEMORANDUM OF LAW in Support re: 21 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Plano Molding Company. (Attachments: # 1 Underlying Complaint)(De Rose, R. James) (Entered: 07/07/2006)
SUMMONS RETURNED EXECUTED Summons and Third Party Complaint, served. World Commerce Services, Inc. served on 6/20/2006, answer due 7/10/2006. Service was accepted by Paula Kash, General Agent. Document filed by Union Pacific Railroad Company. (Gutterman, Barry) (Entered: 06/23/2006)
SUMMONS RETURNED EXECUTED Summons and Third Party Complaint, served. World Commerce Services, LLC served on 6/14/2006, answer due 7/4/2006. Service was accepted by Paula Kash, General Agent. Document filed by Union Pacific Railroad Company. (Gutterman, Barry) (Entered: 06/23/2006)
SUMMONS RETURNED EXECUTED Summons and Third Party Complaint, served. Plano Molding Company served on 6/12/2006, answer due 7/3/2006. Service was accepted by Peter H. Henning. Document filed by Union Pacific Railroad Company. (Gutterman, Barry) (Entered: 06/23/2006)
AFFIDAVIT OF SERVICE of Summons and Third Party Complaint,. CMT International, Inc. served on 6/9/2006, answer due 6/29/2006. Service was accepted by Heather A. Cross, Sales. Document filed by Union Pacific Railroad Company. (Gutterman, Barry) (Entered: 06/23/2006)
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 5/25/2006) (lb, ) (Entered: 06/01/2006)
WAIVER OF SERVICE RETURNED EXECUTED. K-Line America, Inc. waiver sent on 4/3/2006, answer due 6/2/2006; Kawasaki Kisen Kaisha, Ltd. waiver sent on 4/3/2006, answer due 6/2/2006. Document filed by Royal & Sun Alliance Insurance PLC. (Mazaroli, David) (Entered: 04/24/2006)
NOTICE OF CASE ASSIGNMENT to Judge Barbara S. Jones. Judge Unassigned is no longer assigned to the case. (jeh, ) Additional attachment(s) added on 4/21/2006 (jeh, ). (Entered: 04/21/2006)
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