Al's Produce LLC v. APL Co. Pte Ltd.

Background

Al’s Produce LLC brought this action seeking recovery for alleged damage to three shipments of fresh asparagus transported by ocean carriage from Peru to the United States between August and October 2018. The shipments were made under bills of lading issued by APL Co. Pte Ltd. The opinion text states that the action was commenced on May 29, 2020.

The plaintiff’s counsel reported that the parties were engaged in settlement discussions. Al’s Produce had proposed that APL waive formal service, but counsel said that APL’s claims department was having difficulty signing and returning the waiver because of office closures related to the COVID-19 pandemic. APL had not formally appeared through counsel, but its associate cargo claims manager reviewed the request and consented to the requested relief.

Requests and Ruling

Al’s Produce requested a 60-day extension of the deadline to serve the summons and complaint under Rule 4(m) of the Federal Rules of Civil Procedure. It also requested a 60-day adjournment of the initial pretrial conference. The court granted the application. The service deadline was extended from August 27, 2020, to October 26, 2020. The initial pretrial conference was adjourned from September 17, 2020, at 10:30 a.m. to November 19, 2020, at 10:30 a.m.

Judge Lorna G. Schofield ordered the parties to file conference materials by November 12, 2020 and provided telephone-conference instructions. The court stated that no further extensions to effect service would be granted. The order addressed scheduling and service only; the text does not state that the court decided the underlying claims concerning the asparagus shipments.