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).

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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 5 Attorneys for Plaintiff 6 KALITTA AIR, L.L.C. UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 9 10 KALITTA AIR, L.L.C. as assignee of American International Airways, Inc., 11 Plaintiff, 12 vs. 13 CENTRAL TEXAS AIRBORNE SYSTEMS, INC., et al., 14 15 Defendant. ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. C 96-2494 CW [PROPOSED] STIPULATED ORDER FOR ENTRY OF SUPERSEDEAS BOND Before: The Hon. Claudia Wilken 16 17 18 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. 21 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; 23 WHEREAS, the undersigned parties have agreed that the attached bond is acceptable in 24 form and hereby request that this Court enter the attached Supersedeas Bond; 25 26 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 1 2 WHEREFORE, IT IS HEREBY ORDERED that: 3 1. The Supersedeas Bond attached hereto is hereby ordered to be entered; and 4 2. In the event that the judgment appealed from is affirmed and/or the appeal is 5 dismissed, Kalitta agrees to pay to Central Texas Airborne Systems, Inc. (“CTAS”), no later than 6 7 8 9 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. 3. A judgment for costs in the sum of $622,036.38 is hereby ordered to be entered. 10 IT IS SO ORDERED. 11 ______________________________________ HONORABLE CLAUDIA WILKEN 12 5/28/2013 13 Dated: _____________________ 14 SO STIPULATED: 15 Dated: Mary 24, 2013 16 McALPINE PC By: 17 18 _/s/ Mark L. McAlpine_________________ Mark L. McAlpine Attorneys for Plaintiff KALITTA AIR, L.L.C. 19 20 Dated: May 24, 2013 SEDGWICK, LLP 21 By: 22 23 24 Dated: May 24, 2013 _/s/ Gregory C. Read_________________ Gregory C. Read Counsel Defendant CTAS STEVEN L. LEVITT & ASSOCIATES, P.C. 25 By: 26 27 28 -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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