Filed: May 14, 2014
Latest Update: May 14, 2014
Summary: STIPULATION RE ENFORCEMENT-OF-JUDGMENT DISCOVERY; AND [PROPOSED] ORDER ON STIPULATION SAMUEL CONTI, District Judge. WHEREAS this Court entered a judgment in Case No. 11-cv-02861-SC in favor of Mitsui O.S.K. Lines, Ltd. ("MOL") and against, among others, Seamaster Logistics, Inc. ("Seamaster") in the amount of $1,080,073.07 and Summit Logistics International, Inc. ("Summit") In the amount of $2,230,532.05 (the "Judgment"), and awarded MOL its attorney's fees against SeaMaster and Summit i
Summary: STIPULATION RE ENFORCEMENT-OF-JUDGMENT DISCOVERY; AND [PROPOSED] ORDER ON STIPULATION SAMUEL CONTI, District Judge. WHEREAS this Court entered a judgment in Case No. 11-cv-02861-SC in favor of Mitsui O.S.K. Lines, Ltd. ("MOL") and against, among others, Seamaster Logistics, Inc. ("Seamaster") in the amount of $1,080,073.07 and Summit Logistics International, Inc. ("Summit") In the amount of $2,230,532.05 (the "Judgment"), and awarded MOL its attorney's fees against SeaMaster and Summit in..
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STIPULATION RE ENFORCEMENT-OF-JUDGMENT DISCOVERY; AND [PROPOSED] ORDER ON STIPULATION
SAMUEL CONTI, District Judge.
WHEREAS this Court entered a judgment in Case No. 11-cv-02861-SC in favor of Mitsui O.S.K. Lines, Ltd. ("MOL") and against, among others, Seamaster Logistics, Inc. ("Seamaster") in the amount of $1,080,073.07 and Summit Logistics International, Inc. ("Summit") In the amount of $2,230,532.05 (the "Judgment"), and awarded MOL its attorney's fees against SeaMaster and Summit in the sum of $703,403.05 (the "Fee Order");
WHEREAS the Court entered a judgment in related Case No. 10-cv-5591-SC in favor of SeaMaster and Summit and against MOL and awarded Seamaster and Summit their attorney's fees against MOL in the sum of $580,426.11;
WHEREAS, Summit and Seamaster have appealed the Judgment and the Fee Order as against them, and MOL has appealed the Judgment insofar as it denied MOL certain relief;
WHEREAS, those appeals are still pending;
WHEREAS, pursuant to Rule 69 of the Federal Rules of Civil Procedure, MOL has served discovery on Summit, Seamaster, and certain third parties (collectively, the "Deponents");
WHEREAS, the Deponents have objected to such discovery;
WHEREAS, Summit and Seamaster have told MOL that they are taking steps to post an undertaking to stay MOL's efforts to enforce the Judgment and the Fee Order, including MOL's discovery; and
WHEREAS, the parties have agreed on an undertaking amount of $3,570,683 to secure Seamasters and Summit's obligations under the Judgment and the Fee Order, but to date, Summit and Seamaster have not posted an undertaking in that (or any) amount,
IT IS HEREBY STIPULATED by and among MOL and the Deponents, by and through their respective counsel of record, as follows:
1. Summit and Seamaster shall have until May 20, 2014 to respond to MOL's discovery to them.
2. Unless Summit and Seamaster have posted a sufficient undertaking on or before May 19, 2014,
a. The parties shall meet and confer about the Deponents' objections to the discovery.
b. If the parties are unable to resolve their objections, they will present, including by an informal conference if the Court permits, the outstanding issues to Magistrate Judge Corley or, if she is not available due to her calendar, any other Magistrate Judge, as expeditiously as the Court's calendar will permit.
c. The Deponents will produce the documents that MOL requested in the Discovery (subject to the formal or informal resolution of any objections) such that MOL's counsel actually receives such documents on or before June 16, 2014.
d. The depositions of the Deponents will occur in New York, New York, as follows:
i. Summit's PMQ(s): June 30, 2014, commencing at 9:30 a.m.;
ii. Seamaster's PMQ(s): July 1, 2014, commencing at 9:30 a.m.;
iii. PMQ(s) of Toll Global Forwarding Holdings (USA), Inc.: July 2, 2014, commencing at 9:30 a.m.;
iv. PMQ(s) of TGF Management Group Holdco Inc.: July 3, 2014, commencing at 9:30 a.m.
3. Each signatory to this Stipulation on behalf of the Deponents represents and warrants that he or she is authorized to sign this Stipulation on behalf of his or her respective clients.
ORDER
IT IS SO ORDERED.
