Seagate Technology LLC v. Dalian China Express International Corp.
Opinion
Opinion
Patel, J.
MEMORANDUM AND ORDER
Plaintiff Seagate Technology LLC commenced this action following the loss of its international cargo in South San Francisco in November 1998. Now before the court are China Express and U-Freight’s motion for summary judgment or partial summary judgment and Seagate’s counter-motions for summary judgment. Having considered the parties’ arguments and submissions, and for the reasons set forth below, the court enters the following memorandum and order.
BACKGROUND
Seagate is a manufacturer of computer disc drives with offices in Scotts Valley, California and the People’s Republic of China. Defendants U-Freight America, Inc. (“U-Freight”) and Dalian China Express International Corporation, Ltd. (“China Express”) are freight forwarding companies hired by Seagate to ship a cargo of disc drives from Shanghai, China to San Francisco in November 1998. Defendant Gateway Cargo Services America (“Gateway’) is a ground cargo handling agent in South San Francisco, California. China Eastern Airlines (“China Eastern”) is an airline that flies between Shanghai, China and San Francisco, but has its principal place of business in the People’s Republic of China.