Opinion
CV 19-04279-JEM
09-09-2022
Western Export Services, Inc. v. Webtrans Logistics, Inc.
S. Lorenzo
S. Lorenzo
CIVIL MINUTES - GENERAL
PRESENT: THE HONORABLE JOHN E. MCDERMOTT, UNITED STATES MAGISTRATE JUDGE
Proceedings: (IN CHAMBERS) ORDER RE FURTHER RESPONSE TO OSC
On August 30, 2022, the Court issued an Order to Show Cause (“OSC”) why Webtrans' COGSA preemption objections should not be stricken. (Dkt. 223.) Webtrans filed a Response to the OSC on September 2, 2022. (Dkt. 235.) WES filed a Reply on September 7, 2022. (Dkt. 243.) The Court heard oral argument on September 8, 2022, and the matter was taken under submission. (Dkt. 248.)
Webtrans is ordered to file a further response to the OSC clarifying its COGSA preemption arguments by stating its position on the following: (1) which of WES' claims against Webtrans are preempted by COGSA, as extended by the Clause Paramount in Exhibit 100; (2) if COGSA applies to the transactions at issue, does WES have any remaining claims against Webtrans; and (3) what damages are recoverable by WES on any such remaining claims. Webtrans shall file its further response no later than Monday, September 12, 2022, at 9:00 a.m.