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

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

STIPULATION AND ORDER re {{65}} STIPULATION WITH PROPOSED ORDER RE DISMISSAL WITH PREJUDICE filed by Mitsui O.S.K. Lines Ltd., Troy Container Line, Ltd., R.T. Express International, Inc., Shine International Transportation (ShenZhen) Limited, ***Civil Case Terminated. Signed by Magistrate Judge Kandis A. Westmore on 8/1/16.

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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 OF DISMISSAL WITH PREJUDICE 13 v. 14 SHINE INTERNATIONAL TRANSPORTATION (SHENZHEN) 15 LIMITED, R.T. EXPRESS INTERNATIONAL, INC., TROY 16 CONTAINER LINE, LTD. and DOES THREE THROUGH TWENTY, 17 Defendants. 18 19 This action pertains to any shipments plaintiff MITSUI O.S.K. LINES, LTD. ("MOL") 20 may have transported under its service contracts with defendant SHINE INTERNATIONAL 21 TRANSPORTATION (SHENZHEN) LIMITED ("SHINE") between January 1, 2011, and July 22 28, 2016. Plaintiff MOL and defendants SHINE, R.T. EXPRESS INTERNATIONAL, INC., 23 TROY CONTAINER LINE, LTD. stipulate pursuant to FRCP 41(a) and request the Court to 24 order that this action, including the complaint and all counterclaims and crossclaims, be 25 conditionally dismissed with prejudice, each party to bear its own costs, 26 This dismissal is conditional and subject to retention of jurisdiction as to MOL and SHINE 27 only, for the sole purpose of entering judgment against SHINE in the event the terms of settlement 28 as between MOL and SHINE are not satisfied. 2217145 Case No. 4:15-cv-03343-KAW STIPULATION OF DISMISSAL WITH PREJUDICE 1 Respectfully submitted, 2 Dated: July 28, 2016 CLYDE & CO US LLP 3 By: /s/ Conte C. Cicala 4 Conte C. Cicala Attorneys for Plaintiff 5 MITSUI O.S.K. LINES, LTD. 6 Dated: July 28, 2016 MITCHELL SILBERBERG & KNUPP LLP 7 8 By: /s/ Susan Kohn Ross Susan K. Ross 9 Attorneys for Defendant Shine International Transportation (Shenzhen) 10 Limited 11 San Francisco, California 94105 12 Dated: July 28, 2016 101 Second Street, 24th Floor SEDGWICK LLP Telephone: (415) 365-9800 CLYDE & CO US LLP 13 By: /s/ Katharine Essick Andrew I. Port 14 Katharine Essick 15 Attorneys for Defendant TROY CONTAINER LINE, LTD. 16 17 Dated: July 28, 2016 LAW OFFICES OF EUGENE J. MCDONALD 18 By: /s/ Eugene J. McDonald 19 Eugene J. McDonald Attorneys for Defendant 20 TROY CONTAINER LINE, LTD. 21 Respectfully submitted, 22 Dated: July 28, 2016 MARRON LAWYERS 23 By: /s/ Paul Arenas 24 Paul Arenas Attorneys for Defendant 25 R.T. EXPRESS INTERNATIONAL, INC. 26 In compliance with Local Rule 5-1, I hereby attest that concurrence in the filing of this document 27 has been obtained from the other signatories. 28 Dated: July 28, 2016 /s/ Conte C. Cicala Conte C. Cicala 2217145 2 Case No. 3:15-cv-03343 STIPULATION OF DISMISSAL WITH PREJUDICE 1 ORDER 2 Pursuant to stipulation, IT IS SO ORDERED. 3 Dated: 8/1/16 4 UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 10 11 San Francisco, California 94105 101 Second Street, 24th Floor 12 Telephone: (415) 365-9800 CLYDE & CO US LLP 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2217145 3 Case No. 3:15-cv-03343 STIPULATION OF DISMISSAL WITH PREJUDICE