STIPULATION TO SEVER DEFENDANT CB FREIGHT INT'L, INC. FROM THE ACTION AND [PROPOSED] ORDER AS MODIFIED

KANDIS A. WESTMORE, Magistrate Judge.

WHEREAS, this action was filed on November 18, 2015 and assigned to Magistrate Judge Kandis A. Westmore;

WHEREAS, both Plaintiff Mitsui O.S.K. Lines, Ltd. ("MOL"), and Defendant Sky-World Int'l Express, Inc. ("Sky-World") filed their consent to proceed before Magistrate Judge Westmore on December 9, 2015 and March 15, 2016 respectively;

WHEREAS, Defendant CB Freight Int'l, Inc. ("CB Freight") has not appeared and, therefore, has not consented to Magistrate Judge Westmore's jurisdiction;

WHEREAS, default was entered against CB Freight on March 2, 2016;

WHEREAS, on August 9, 2016, Plaintiff MOL and Defendant Sky-World filed a case management conference statement stating that they have reached a settlement and expect to file a dismissal within 90 days;

WHEREAS, it is necessary to sever this case as to Defendant CB Freight because it has not consented to proceed before Magistrate Judge Westmore;

NOW THEREFORE, Plaintiff MOL and Defendant Sky-World by and through their attorneys hereby stipulate and agree that Plaintiff's action against Defendant CB Freight be severed.

L.R. 5-1 (i) ATTESTATION

In compliance with Local Rule 5-1, I hereby attest that concurrence in the filing of this document has been obtained from the other signatory.

IT IS SO ORDERED, that Defendant CB Freight International, Inc., be severed from this case and that a new case be opened and directly assigned to Magistrate Judge Westmore.