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

Filing 2295

ORDER by Judge Claudia Wilken Granting 2294 Motion for Release of Bond Obligation. (ndr, COURT STAFF) (Filed on 8/6/2014)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

NORTHERN DISTRICT OF CALIFORNIA

7
8

KALITTA AIR, L.L.C. as assignee of )
)
9 American International Airways, Inc.,
)
Plaintiff,
)
10
)
vs.
)
11
)
CENTRAL
TEXAS
AIRBORNE )
12
SYSTEMS, INC., et al.,
)
)
13
Defendant.
)
)
14

CASE NO. C 96-2494 CW
[PROPOSED] FINAL AGREED ORDER
DISCHARGING SUPERSEDEAS BOND
Before: The Hon. Claudia Wilken

15
THIS CAUSE has come before the Court on the Agreed Motion of the Plaintiff and
16
17

Defendant to Discharge the Supersedeas Bond Number 105873557 (DE 2285; the “Supersedeas

18 Bond”) posted by The Travelers Casualty and Surety Company of America, as Surety, in this
19 action in the amount of $311,018 and 19/100 United States Dollars ($311,018.19) at the request
20 of Kalitta Air, L.L.C., as Principal. The full amount owed to Central Texas Airborne Systems,
21
22

Inc. has been remitted and the Court’s February 12, 2014 Order Reducing Costs Awarded to
Defendants on Remand [DE 2291; the “Modified Costs Award”] has been satisfied. Therefore,

23
24
25

the Supersedeas Bond is no longer required and should be discharged, and The Travelers
Casualty and Surety Company of America and its parents, affiliates and subsidiaries

26 (“Travelers”) should be released from any and all liability. It is
27
28
-1CASE NO. C 96-24394 CW
[Proposed] Order Discharging Supersedeas Bond

1

ORDERED AND ADJUDGED:

2

1.

3
4
5

The Supersedeas Bond is no longer required and is hereby fully and

unconditionally discharged, released, and exonerated.
2.

Travelers is hereby released from any and all past, present, and future

liability arising under or in connection with the issuance of the Supersedeas Bond.

6
7
8
9

3.

The Clerk of the Court is hereby directed to forthwith release the said

Supersedeas Bond recorded with this Court to Mark L. McAlpine, Esq., for immediate
return to Travelers.

10 IT IS SO ORDERED.
11

______________________________________
HONORABLE CLAUDIA WILKEN

12

8/6/2014
13 Dated: _____________________
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2CASE NO. C 96-24394 CW
[Proposed] Order Discharging Supersedeas Bond