Sompo Japan Insurance Company of America, Inc. et al v. BNSF Railway Company et al
| American Mitsuba Corporation, Clarion Corporation of America, Federal Insurance Company, Hitachi Automotive Systems Americas Inc., Hitachi Automotive Systems Korat, Ltd., Meadows Wye Container Groupage Inc., Mitsuba Vietnam Co., Ltd., Sompo Japan Insurance Company of America, Inc. and Tokio Marine and Nichido Fire Insurance Co., Ltd. |
| Unique Logistics International Thailand Co., Ltd., BNSF Railway Company, C.H. Robinson Worldwide, Inc., Green Trident Line Limited, Nissin International Transport U.S.A., Inc. and Orient Overseas Container Line Limited |
| 2:2017cv04768 |
| June 28, 2017 |
| US District Court for the Central District of California |
| Dale S. Fischer |
| Michael R. Wilner |
| Other |
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Filing
56
MINUTE (IN CHAMBERS) ORDER OF DISMISSAL by Judge John F. Walter: In the Notice of Settlement filed on 1/5/2018, Dkt. No. 55 , the parties represent that they have settled this action. As a result, the Court dismisses this action without prejudice su bject to either party reopening the action on or before 2/23/2018. The Court will retain jurisdiction for the sole purpose of enforcing the settlement until 2/23/2018. Thereafter, absent further order of the Court, the dismissal of this action will be with prejudice. All dates in this action, including the trial date are vacated. (Made JS-6. Case Terminated.) (jp)
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Filing
36
PROCEEDINGS (IN CHAMBERS): FURTHER ORDER TO SHOW CAUSE RE: MISJOINDEROn August 15, 2017, the Court ordered Plaintiffs to show cause, in writing, no later than August 22, 2017, why one or more Plaintiffs and/or why one or more Defendants should not be severed from this action as a result of misjoinder. On August 21, 2017, Plaintiffs filed their Response to the Order to Show Cause. The Court finds that Response insufficient, and orders Plaintiffs to file, on or before August 29, 2017, a further re sponse to the Courts Order to Show Cause, which not only demonstrates that the claims arise out of the same transaction oroccurrence, but also specifically identifies the questions of law or fact common to all Plaintiffs and all Defendants that will arise in the action. See Fed. R. Civ. P. 20(a). In addition, the Court orders Plaintiffs to file a First Amended Complaint on or before August 29, 2017, which includes facts demonstrating that the requirements of Federal Rule of Civil Procedure 20(a) are met. No oral argument on this matter will be heard unless otherwise ordered by the Court. SeeFed. R. Civ. P. 78; Local Rule 7-15. The Order will stand submitted upon the filing of the further response to the Order to Show Cause. Failure to respond to the Order to Show Cause and failure to file the First Amended Complaint required by this Order will result in the severance of one or more parties or the dismissal of this action. (sr)
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