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

Filing 2282

ORDER DENYING PLAINTIFFS MOTION FOR RECONSIDERATION. Signed by Judge Claudia Wilken on 5/17/2013. (ndr, COURT STAFF) (Filed on 5/17/2013)

1

IN THE UNITED STATES DISTRICT COURT

2

FOR THE NORTHERN DISTRICT OF CALIFORNIA

3
4

KALITTA AIR, LLC,

5
6
7
8

Plaintiff,

United States District Court
For the Northern District of California

11

ORDER DENYING
PLAINTIFF’S MOTION
FOR
RECONSIDERATION

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

9
10

No. C 96-2494 CW

________________________________/
On April 15, 2013, Plaintiff Kalitta Air filed a motion for

12

leave to file a motion for reconsideration of the Court’s April 1,

13

2013 order denying Plaintiff’s second motion for approval of

14

supersedeas bond.

15

evidence that its insurance company refused to issue a bond

16

containing the language in the Court’s April 1 order.

In its motion for leave, Plaintiff presented

17

On April 17, the Court deemed Plaintiff’s motion for leave to

18

file to be its motion for reconsideration and ordered Plaintiff to

19

“ask its surety to indicate the shortest timeframe in which it can

20

promise to pay the bond amount, should Plaintiff fail to pay the

21

judgment in full within seven days of the Court of Appeals’

22

decision.”

23

to ask the same question of at least three other sureties and to

24

“file a declaration including exhibits that show the question

25

posed to each surety company and each company’s answer.”

26

Docket No. 2279.

The Court further ordered Plaintiff

Id.

Plaintiff has filed a declaration by Lawrence Galizi, its

27

aviation insurance broker.

28

that his company asked “Kalitta’s surety, and five other surety

In that declaration, Mr. Galizi states

1

companies to indicate the shortest timeframe in which it can

2

promise to pay the bond amount, should Kalitta fail to pay the

3

judgment in full within seven days of the Court of Appeals’

4

decision.”

5

the declaration do not show the question posed as required by the

6

Court’s order.

7

Company, Kalitta’s current surety and the company that has written

8

the bonds previously rejected by the Court, does not answer the

9

question posed by the Court.

Galizi Dec. ¶ 6.

However, the exhibits attached to

Moreover, the email from Travelers Insurance

See Galizi Dec., Ex. 1.

Instead,

United States District Court
For the Northern District of California

10

the email from Travelers states that it “is comfortable with

11

revising the language within the bond form giving Kalitta a 30 day

12

timeframe to pay the full amount of the appeal along with any

13

additional cost or interest.”

Id.

14

The other two exhibits to Mr. Galizi’s declaration are email

15

messages from Debbie Keller-Niven at Industrial Insurance Agency.

16

See Galizi Dec., Exs. 2 & 3.

17

conversations that Ms. Keller-Niven had with representatives of

18

two sureties, CNA and RLI.

19

authenticate these emails, nor is there any indication of the

20

question Ms. Keller-Niven posed to either of the sureties.

21

Moreover, Ms. Keller-Niven specifically states that her company

22

does not “write many bonds” and reports that she is not able to

23

get any commitment from either of the sureties.

24

The emails appear to report on

Id.

Mr. Galizi’s declaration cannot

Id.

Plaintiff has failed to comply with the Court’s order

25

granting its motion for leave to file a motion for

26

reconsideration.

27

for reconsideration.

Accordingly, the Court DENIES Plaintiff’s motion

28
2

1

Within seven days of this order, Plaintiff shall post a

2

supersedeas bond that complies with the Court’s April 1, 2013

3

order.

4

days of this order, it shall provide a letter of credit in the

5

amount of $311,018.19 from Bank of America, or another bank

6

approved of by Defendant within ten days of the date of this

7

order.

If Plaintiff is unable to secure such a bond within seven

8
9

IT IS SO ORDERED.

United States District Court
For the Northern District of California

10
11
12

Dated: 5/17/2013
CLAUDIA WILKEN
United States District Judge

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3