Certain Underwriters at Lloyd's v. S Cue Transportation LLC
- Jacquelyn Corley
- 3:24-cv-00523
- U.S. District Court · Northern District of California
- 2
In Certain Underwriters v. All Coast Logistics, Judge Corley ordered more evidence on personal jurisdiction before deciding default judgment.
Certain Underwriters at Lloyd's must provide supplemental briefing and evidence about personal jurisdiction; the court has not yet decided its motion for default judgment against All Coast Logistics USA, LLC.
What happened
In Certain Underwriters at Lloyd's v. All Coast Logistics USA, LLC, the plaintiff asked the court to enter default judgment against All Coast Logistics. The plaintiff alleged that All Coast was organized and operated in Florida but did business in the court's district as a common carrier.
The court said it must independently examine whether it has personal jurisdiction over the defendant, and that the plaintiff must establish that jurisdiction. It found the existing allegation and default-judgment motion insufficient to do so.
Judge Jacquelyn Corley ordered the plaintiff to submit supplemental briefing and evidence addressing personal jurisdiction by February 28, 2025. The order did not decide the pending motion for default judgment.
The detailed version
- Certain Underwriters at Lloyd's v. S Cue Transportation LLC · No. 3:24-cv-00523
- Jacquelyn Corley
- Feb. 7, 2025
Background
Certain Underwriters at Lloyd's filed a motion for default judgment against All Coast Logistics USA, LLC. The plaintiff alleged that All Coast is a limited liability company organized under Florida law, has its principal place of business in Florida, and was doing business in the Northern District of California as a common carrier of goods for hire.
Personal Jurisdiction
Before granting default judgment, the court said it has an affirmative duty to examine its jurisdiction over the parties. Personal jurisdiction is the court's authority over a particular defendant. The plaintiff bears the burden of showing that this authority exists. The court found that the allegation that All Coast was doing business in the district was insufficient to meet that burden. It also noted that the default-judgment motion did not address personal jurisdiction.
Order
The court ordered the plaintiff to respond by February 28, 2025, with a supplemental submission and any needed supplemental evidence addressing the basis for personal jurisdiction over All Coast Logistics USA, LLC. The order did not rule on the pending motion for default judgment.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.