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08-2394 - DLR INTERNATIONAL FREIGHT FORWARDERS, INC. v. DLR MERCANTILE SHIPPING USA, INC. et al


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08-2394 - DLR INTERNATIONAL FREIGHT FORWARDERS, INC. v. DLR MERCANTILE SHIPPING USA, INC. et al
June 11, 2008
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ORDER: the Courts Order dated May 16, 2008, as modified by stipulation onMay 23, 2008, remains unchanged, except that Defendants deadline to answer or otherwiserespond to the Complaint shall be Monday, July 28, 2008; ORDERED that no later than Thursday, June 12, 2008, Defendants shall provide any passwords necessary to access the website dlrcargo.com and Defendants shall have no furtheraccess to the website dlrcargo.com and Defendants shall not change any passwords or documents on the website; ORDERED that no later than Thursday, June 19, 2008, Defendants shall provide all information and documentation necessary to transfer ownership to Plaintiff of the websitedlrcargo.com; ORDERED that no later than Thursday, June 19, 2008, the parties shall provide the following expedited discovery:1) Defendants shall provide a complete list of transactions where Defendants have used the DLR name and/or the DLR International Freight Forwarders, Inc. Federal Maritime Commission license (FMC Licence); 2) Plaintiff shall provide all documents which support the demurrage charges claimed asdamages in this case; ORDERED that no later than Thursday, July 3, 2008, Plaintiff may take one 30(b)(6)deposition and Defendants may take one 30(b)(6) deposition. In connection with these depositions, the parties may demand no more than 30 documents. The parties shall meet and confer to determine the location of these depositions; ORDERED that, by consent, other than winding down and completing the transactions listed in the exhibit to the May 23, 2008 order, Defendants shall do no further business using Plaintiffs FMC License or the business name of DLR International Freight Forwarders, Inc.; ORDERED that, until further Order of this Court, Defendants shall conduct no furtherbusiness using the name DLR in connection with any shipping or freight forwarding business; ORDERED that the parties shall abide by all electronic and document preservation rules; ORDERED that the parties shall contact Magistrate Judge Shwartz to set a time and date for a Rule 16 conference; ORDERED that if no stipulation of settlement is filed by Tuesday, September 9, 2008, the parties consent to attend court-annexed mediation. Discovery shall not be stayed during mediation. Signed by Judge Faith S. Hochberg on 6/11/2008. (lm, )