Seagate Technology LLC v. Dalian China Express International Corp.

MEMORANDUM AND ORDER

This action follows the loss of international cargo owned by Seagate Technology LLC in San Francisco in November 1998. Now before the court is China Eastern Airlines’ motion for partial summary judgment against Dalian China Express International Corporation, Ltd. (“China Express”), U-Freight America, Inc. (“U-Freight”) and Gateway Cargo Services America (“Gateway”). Having considered the parties’ arguments and submissions, and for the reasons set forth below, the court enters the following memorandum and order.

BACKGROUND

This case arises out of a shipment of disc drives transmitted by air on November 11, 1998, from Shanghai, China to San Francisco on China Eastern Airlines (“China Eastern”). Air shipment was arranged by China Express and U-Freight, freight-forwarding companies. Two different air waybills were issued in relation to the shipment. The first is China Express’s air waybill number USH-00450778. The second, and the one at issue here, is China Eastern’s air waybill number 781 1178 0941. See Declaration of Marc Wang, Exh. E ¶ 3. The China Eastern waybill lists China Express as the shipper and U-Freight as the consignee. Joint Statement of…