Mitsui O.S.K. Lines Ltd. v. Shine International Transportation (shenzhen) Limited

Northern District of California, cand-4:2015-cv-03343

STIPULATION AND ORDER TO SET ASIDE DEFAULT re {{17}} STIPULATION WITH PROPOSED ORDER to Set Aside Default and Service of Amended Complaint filed by Mitsui O.S.K. Lines Ltd., Shine International Transportation (ShenZhen) Limited. Signed by Magistrate Judge Kandis A. Westmore on 11/30/15.

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1 CONTE C. CICALA, State Bar No. 173554 conte.cicala@clydeco.us 2 CLYDE & CO US LLP 101 Second Street, 24th Floor 3 San Francisco, California 94105 Telephone: (415) 365-9800 4 Facsimile: (415) 365-9801 5 Attorneys for Plaintiff MITSUI O.S.K. LINES, LTD. 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 MITSUI O.S.K. LINES, LTD., Case No. 4:15-cv-03343-KAW 12 Plaintiff, STIPULATION TO SET ASIDE DEFAULT AND TO ACCEPT SERVICE 13 v. OF AMENDED COMPLAINT; [PROPOSED] ORDER 14 SHINE INTERNATIONAL TRANSPORTATION (SHENZHEN) 15 LIMITED and DOES ONE THROUGH TWENTY, 16 Defendants. 17 18 19 20 WHEREAS Defendant Shine International Transportation (Shenzhen) Limited ("Shine") 21 has contacted plaintiff through counsel and advised that its default was entered due to 22 miscommunication between Shine and its agent for service of process; 23 WHEREAS Shine advises that it intends to request that default be set aside based on a 24 contention of mistake or excusable neglect; 25 WHEREAS plaintiff MITSUI O.S.K. LINES, LTD. ("MOL"), does not want to expend 26 effort or waste judicial resources on a contested proceeding to set aside a default judgment; 27 WHEREAS MOL further intends, forthwith, to file an Amended Complaint adding two 28 additional parties as defendants; and, 1838737 1 Case No. 4:15-cv-03343-KAW STIPULATION AND [PROPOSED] ORDER 1 WHEREAS, as a condition of setting aside the default, Shine expressly agrees that service 2 upon it was proper and that it will accept service of MOL's Amended Complaint by email; 3 The parties hereby do stipulated and agree as follows: 4 1) That the default of Shine International Transportation (Shenzhen) Limited be set aside; 5 2) That MOL's forthcoming Amended Complaint will be deemed served upon Shine upon 6 email transmission to Shine's counsel, undersigned below; 7 The parties respectfully request that the Court enter an order consistent with the foregoing. 8 Respectfully submitted, 9 Dated: November 25, 2015 CLYDE & CO US LLP 10 11 By: /s/ Conte C. Cicala San Francisco, California 94105 101 Second Street, 24th Floor 12 Conte C. Cicala Telephone: (415) 365-9800 CLYDE & CO US LLP Attorneys for Plaintiff 13 MITSUI O.S.K. LINES, LTD. 14 15 Dated: November 25, 2015 GONZALEZ DEL VALLE LAW 16 17 By: /s/ Henry P. Gonzalez 18 Henry P. Gonzalez Attorney-in-Fact 19 Shine International Transportation (Shenzhen) Limited 20 21 22 23 24 25 26 27 28 1838737 2 Case No. 3:15-cv-03343 STIPULATION AND [PROPOSED] ORDER 1 [PROPOSED] ORDER 2 Pursuant to stipulation, and good cause having been shown thereby, this Court hereby 3 ORDERS as follows: 4 1) That the default of Shine International Transportation (Shenzhen) Limited is hereby set 5 aside; 6 2) That MOL's forthcoming Amended Complaint will be deemed served upon Shine upon 7 email transmission to Shine's counsel. 8 9 IT IS SO ORDERED. 10 11 Dated: 11/30/15 San Francisco, California 94105 101 Second Street, 24th Floor 12 Telephone: (415) 365-9800 CLYDE & CO US LLP 13 14 UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1838737 3 Case No. 3:15-cv-03343 STIPULATION AND [PROPOSED] ORDER