Gatx/Airlog Company, et al v. Evergreen Intl, et al
Filing
2284
ORDER Granting 2283 STIPULATED PROPOSED ORDER FOR ENTRY OF SUPERSEDEAS BOND. Signed by Judge Claudia Wilken on 5/28/2013. (Attachments: # 1 Exhibit 1)(ndr, COURT STAFF) (Filed on 5/28/2013) Modified on 5/28/2013 (ndr, COURT STAFF).
Case4:96-cv-02494-CW Document2283 Filed05/24/13 Page1 of 2
1 McALPINE PC
2 MARK L. McALPINE (admitted pro hac vice)
3201 University Drive, Suite 100
3 Auburn Hills, MI 48326-2396
Telephone: 248-373-3700
4 Facsimile: 248-373-3708
mlmcalpine@mcalpinelawfirm.com
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Attorneys for Plaintiff
6 KALITTA AIR, L.L.C.
UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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10 KALITTA AIR, L.L.C. as assignee of
American International Airways, Inc.,
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Plaintiff,
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vs.
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CENTRAL
TEXAS
AIRBORNE
SYSTEMS, INC., et al.,
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Defendant.
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CASE NO. C 96-2494 CW
[PROPOSED] STIPULATED ORDER FOR
ENTRY OF SUPERSEDEAS BOND
Before: The Hon. Claudia Wilken
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WHEREAS, the Court issued an Order on December 5, 2012 ordering Plaintiff Kalitta
19 Air, L.L.C. (“Kalitta”) to post a supersedeas bond in the amount of fifty percent of the taxable
20 costs, or $311,018.19.
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WHEREAS, Bond No. 105873557 in the amount of $311,018.19 has been issued and the
22 original of which is attached hereto as Exhibit 1;
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WHEREAS, the undersigned parties have agreed that the attached bond is acceptable in
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form and hereby request that this Court enter the attached Supersedeas Bond;
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WHEREAS, Kalitta has consented to the entry of a judgment for costs in the amount of
27 $622,036.38, with such judgment to be stayed until a decision has been rendered by the Ninth
28 Circuit Court of Appeals.
-1CASE NO. C 96-24394 CW
Stipulated Order for Entry of Supersedeas Bond
Case4:96-cv-02494-CW Document2283 Filed05/24/13 Page2 of 2
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WHEREFORE, IT IS HEREBY ORDERED that:
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1.
The Supersedeas Bond attached hereto is hereby ordered to be entered; and
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2.
In the event that the judgment appealed from is affirmed and/or the appeal is
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dismissed, Kalitta agrees to pay to Central Texas Airborne Systems, Inc. (“CTAS”), no later than
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simultaneous with the payment to be made under the Supersedeas Bond, the remaining balance
of the full $622,036.38 plus any additional amounts that may be awarded by the Appeals Court.
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A judgment for costs in the sum of $622,036.38 is hereby ordered to be entered.
10 IT IS SO ORDERED.
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______________________________________
HONORABLE CLAUDIA WILKEN
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5/28/2013
13 Dated: _____________________
14 SO STIPULATED:
15 Dated: Mary 24, 2013
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McALPINE PC
By:
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_/s/ Mark L. McAlpine_________________
Mark L. McAlpine
Attorneys for Plaintiff
KALITTA AIR, L.L.C.
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20 Dated: May 24, 2013
SEDGWICK, LLP
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By:
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Dated: May 24, 2013
_/s/ Gregory C. Read_________________
Gregory C. Read
Counsel Defendant
CTAS
STEVEN L. LEVITT & ASSOCIATES, P.C.
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By:
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-2CASE NO. C 96-24394 CW
Stipulated Order for Entry of Supersedeas Bond
_/s/ Steven L. Levitt_________________
Steven L. Levitt
Co-counsel Defendant
CTAS
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