In Re: Ex Parte Application of HMM Co. Ltd for Order Pursuant to 28 U.S.C. 1782 to Obtain Discovery for Use in Foreign Proceedings
| HMM Co. Ltd and Hapag-Lloyd Aktiengesellschaft |
| Jessica Ship Holding SA, Ocean Network Express Ptd. Ltd., Chidori Ship Holding LLC and NYK Shipmanagement Pte. Ltd. |
| Ex Parte Application of HMM Co. Ltd for Order Pursuant to 28 U.S.C. 1782 to Obtain Discovery for Use in Foreign Proceedings |
| 2:2021mc00474 |
| March 30, 2021 |
| US District Court for the Central District of California |
| David O Carter |
| John D Early |
| Other Statutory Actions |
| None |
Docket Report
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Filing 13
MINUTE (In Chambers) Order Denying Requests and Closing Actions by Magistrate Judge John D. Early. The Court finds the issues raised in the Actions are now moot, DENIES the Applications and Petition in the Actions as moot, and ORDERS that each Action be closed. (see document for further details) (hr)
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| Filing 12 STATUS REPORT filed by Movant Hapag-Lloyd Aktiengesellschaft. (Lempriere, Philip) |
| Filing 11 MINUTES (IN CHAMBERS) by Magistrate Judge John D. Early Order re Status Report #10 . In light of the Status Report, the Court will take no action in any of the Actions at this time except: (1) in the Hapag Action, the Court WITHDRAWS the Report and Recommendation (Hapag Action, Dkt. 6) and DENIES the ex parte application to file an Amended Application (Hapag Action, Dkt. 7) as moot, without prejudice; and (2) in the HMM Action, the Court GRANTS the ex parte application to Supplement Points and Authorities (HMM Action, Dkt. 8) #8 but takes no further action on the substance of the request. Counsel for Hapag is ordered to file a further Status Report in each of the Actions when the Vessel departs the Court's jurisdiction or when the parties confirm that they have no further disputes to be determined by the Court, whichever occurs first, at which time the Applications/Petitions in the Actions will be denied as moot and the Actions administratively closed. (mba) |
| Filing 10 STATUS REPORT filed by Movant Hapag-Lloyd Aktiengesellschaft. (Lempriere, Philip) |
| Filing 9 MINUTES OF Telephonic Hearing re Status held before Magistrate Judge John D. Early: The matter was called and counsel made appearances. Out-of-state counsel for certain insurers and for a recovery agent were also on the call. Counsel for Hapag Lloyd Aktiengesellschaft agreed to prepare and file a status report with the Court by 3:00 p.m. on Monday, April 12, 2021. (see document for further details) Tape #: CS 04/09/21. (bm) |
| Filing 8 EX PARTE APPLICATION to Supplement Points and Authorities in support of Application re Application/Motion/Request (Attorney Civil Case Opening), #1 filed by Applicant Ex Parte Application of HMM Co. Ltd for Order Pursuant to 28 U.S.C. 1782 to Obtain Discovery for Use in Foreign Proceedings. (Attachments: #1 Supplement Declaration of Jin Hong Lee)(Attorney Connor M Trafton added to party Ex Parte Application of HMM Co. Ltd for Order Pursuant to 28 U.S.C. 1782 to Obtain Discovery for Use in Foreign Proceedings(pty:inre))(Trafton, Connor) |
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Filing 7
MINUTE ORDER (IN CHAMBERS) by Magistrate Judge John D. Early, re Order Setting Hearing. On March 26, 2021, Hapag Lloyd Aktiengesellschaft ("Hapag") filed an Application for Order Authorizing Discovery for Use in Foreign Proceedings Under 28 U.S.C. 1782 in Central District of California Case No. 8:21-mc-15-DOC-JDE (the "Hapag Action"), with the matter assigned to the current judicial officers on March 30, 2021. On March 30, 2021, HMM Co. Ltd. ("HMM") filed an Application for Order Pursuant to 28 U.S.C. 1782 to Obtain Discovery for in Foreign Proceedings in Central District of California Case No. 2:21-mc-474-DOC-JDE (the "HMM Action"), with the matter reassigned to the current judicial officers on April 6, 2021. On March 31, 2021, Yang Ming Marine Transport Corporation ("Yang Ming") filed an Emergency Verified Petition for an Order Pursuant to Fed. R. Civ. P. Rule 27 to Preserve Testimony and Evidence and an Ex Parte Application Pursuant to 28 U.S.C. 1782 to Obtain Order for Discovery for Use in Foreign Proceedings in Central District of California Case No. 8:21-mc-16-DOC-JDE (the "Yang Ming Action"), with the matter reassigned to the current judicial officers on April 5, 2021. The foregoing three actions are collectively referred to herein as the "Actions." As the Actions relate to the same underlying incident and seek orders compelling similar if not identical discovery on shortened notice, the Court finds the interests of justice would be served in having counsel in the Actions appear for a telephonic hearing on Friday, April 9. 2021 starting at 9:00 a.m.(SEE DOCUMENT FOR FURTHER DETAILS) (mba)
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| Filing 6 DECLARATION of John D. Giffin re Application/Motion/Request (Attorney Civil Case Opening), #1 Declaration of John D. Giffin in Support of HMM Co. Ltd's Application for Order Pursuant to 28 USC 1782 to Obtain Discovery for use in Foreign Proceedings filed by Petitioner HMM Co. Ltd. (Trafton, Connor) |
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Filing 5
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01-Related Case- filed. Related Case No: 8:21-mc-00015 DOC(JDEx). Case transferred from Magistrate Judge Pedro V. Castillo and Judge Virginia A. Phillips to Judge David O. Carter and Magistrate Judge John D. Early for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:21-mc-00474 DOC(JDEx). Signed by Judge David O. Carter (rn)
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| Filing 4 NOTICE OF ASSIGNMENT to District Judge Virginia A. Phillips and Magistrate Judge Pedro V. Castillo. (car) |
| Filing 3 CIVIL COVER SHEET filed by Claimant HMM Co. Ltd. (Trafton, Connor) |
| Filing 2 NOTICE of Related Case(s) filed by Applicant HMM Co. Ltd. Related Case(s): 8:21-mc-00015 (Trafton, Connor) |
| Filing 1 APPLICATION Ex Parte Application of HMM Co. Ltd for Order Pursuant to 28 U.S.C. 1782 to obtain discovery for use in Foreign Proceedings Receipt No: ACACDC-31015408 - Fee: $402, filed by Applicant HMM Co. Ltd. (Attachments: #1 Declaration of Michael Volikas, #2 Proposed Order) (Attorney Connor M Trafton added to party HMM Co. Ltd(pty:clm))(Trafton, Connor) |
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