Gatx/Airlog Company, et al v. Evergreen Intl, et al

Filing 2279

ORDER by Judge Claudia Wilken GRANTING 2277 MOTION FOR LEAVE TO FILE MOTION FOR RECONSIDERATION. (ndr, COURT STAFF) (Filed on 4/17/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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KALITTA AIR, LLC,

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Plaintiff,

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United States District Court
For the Northern District of California

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ORDER GRANTING
MOTION FOR LEAVE
TO FILE MOTION FOR
RECONSIDERATION

v.
CENTRAL TEXAS AIRBORNE SYSTEMS,
et al.,
Defendants.

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No. C 96-2494 CW

________________________________/

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Plaintiff Kalitta Air has filed a motion for leave to file a

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motion for reconsideration of the Court’s April 1, 2013 order

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denying Plaintiff’s second motion for approval of supersedeas

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bond.

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denying Plaintiff’s first motion for approval of supersedeas bond

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and again directed Plaintiff to post a supersedeas bond in the

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amount of $311,018.19, with an unequivocal promise to pay if

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In that order, the Court cited its January 29, 2013 order

Kalitta Air, L.L.C. fails to pay within seven days all
sums awarded against it in or following the appeal in
this action, including the full $622,036.38 as ordered
by the court along with any additional costs or interest
that the Court of Appeals may award.

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See Docket No. 2276.

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to change any other language in the proposed bond unless the

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parties agreed to the changes.

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reconsideration of the Court’s order, asserting that it is

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impossible for it to procure a bond with a promise to pay within

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seven days of the Court of Appeals’ decision.

The Court further instructed Plaintiff not

Plaintiff now moves for

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Plaintiff presents evidence that its insurance company

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refused to issue a bond containing the language in the Court’s

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order.

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matter, an insurance company “could not possibly receive a demand

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for payment, review their file, authorize payment of a claim and

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get the check to the claimant in only 7 days from the initial

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demand.”

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for Leave to File a Motion for Reconsideration ¶ 8.

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seven-day timeline referenced in the Court’s order is not the

Plaintiff also presents evidence that, as a general

Declaration of Lawrence Galizi ISO Plaintiff’s Motion
However, the

United States District Court
For the Northern District of California

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timeline for the insurance company to pay the judgment.

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timeline for Plaintiff to pay the amount owed should the Court’s

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order be affirmed.

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only triggered by Plaintiff’s failure to pay.

It is the

The insurance company’s obligation to pay is

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Plaintiff’s insurance company previously issued a bond that

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requires it “to immediately pay” if Plaintiff “fails to promptly

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pay all sums awarded to it.”

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concern is the time needed for the insurance company to process

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any payment, it is the language that requires the company “to

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immediately pay” that should be amended, not the requirement that

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Plaintiff pay within seven days.

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not been able to obtain a bond with the exact language ordered by

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the Court, the Court will grant Plaintiff’s motion for leave to

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file a motion for reconsideration of the Court’s April 1 order.

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The Court deems Plaintiff’s motion for leave to file to be its

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motion for reconsideration and sets the following briefing

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schedule.

Docket No. 2273, Ex. A.

If the

Recognizing that Plaintiff has

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Plaintiff shall ask its surety to indicate the shortest

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timeframe in which it can promise to pay the bond amount, should
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Plaintiff fail to pay the judgment in full within seven days of

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the Court of Appeals’ decision.

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same inquiry of at least three other surety companies.

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seven days of the date of this order, Plaintiff shall file a

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declaration including exhibits that show the question posed to

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each surety company and each company’s answer.

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of Plaintiff’s filing, Defendant shall file any response.

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Plaintiff may file a reply within three days thereafter.

Plaintiff shall also make the
Within

Within seven days

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United States District Court
For the Northern District of California

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IT IS SO ORDERED.

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Dated: 4/17/2013
CLAUDIA WILKEN
United States District Judge

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