Chiquita Fresh North America L.L.C. v. Green Transport Company et al

Filing 96

Order by Magistrate Judge Donna M. Ryu granting 95 Discovery Letter Brief.(dmrlc2, COURT STAFF) (Filed on 12/17/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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CHIQUITA FRESH,

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Plaintiff(s),
v.

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ORDER RE: PAYMENT OF BREACH
OF CONTRACT DAMAGES;
PROTOCOL FOR PAYMENT OF
ONGOING DEFENSE COSTS

GREENE TRANSPORT,

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No. C-11-06683 DMR

Defendant(s).
___________________________________/

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On June 7, 2013, the court granted partial summary judgment in favor of Plaintiff Chiquita

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Fresh North America L.L.C. with respect to its claim that Defendant Greene Transport Company

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(“GTC”) breached the parties’ Carrier Agreement by failing to defend Chiquita in a Florida lawsuit

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in which Chiquita was named a defendant. [Docket No. 65.] The court ordered the parties to brief

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the issue of contract damages, which they did. On October 23, 2013, the court granted in part

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Chiquita’s motion for breach of contract damages and awarded Chiquita damages in the amount of

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$283,956.75. [Docket No. 92.] Since then, Chiquita has requested from GTC a payment schedule

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and an ongoing payment protocol, and to date has received neither. See Docket No. 95. GTC has

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taken the position that Chiquita is not entitled to receive payment until the court orders payment or

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the order finding GTC liable for breach of contract becomes a final judgment. Id. The court has

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determined that this matter is suitable for resolution without oral argument. Civil L.R. 7-1(b).

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GTC is ordered to pay $283,956.75 to Chiquita within thirty (30) days of this order.

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As to continuing costs of defense, invoices will be submitted by the law firm of Burnham

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Brown to counsel for GTC. Invoices may be redacted only to reflect information protected by

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privilege, and any redactions must be documented on a privilege log that shall be submitted

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contemporaneously with the invoices. Given the court’s previous instruction to Chiquita in this

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case, any over-redaction may result in a court order reducing the payable amount of an invoice. Any

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unchallenged amounts in an invoice are to be paid within 45 days of receipt of the invoice by GTC.

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If GTC disputes any charges, it must submit a detailed explanation of its challenge in writing to

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Burnham Brown within 25 days of receipt of the invoice. The parties must promptly meet and

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confer in person or over the phone regarding the dispute. If the parties are unable to reach a

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letter shall not exceed eight pages, and Chiquita shall lodge the relevant unredacted and redacted

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invoices with the court for in camera review.

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DONNA M. RYU
u
a M. Ry
United States Magistrate Judge
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Jud

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Dated: December 17, 2013

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IT IS SO ORDERED.

UNIT
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S DISTRICT
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For the Northern District of California

resolution, they shall file a joint letter within 45 days of GTC’s receipt of the invoice. The joint

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United States District Court

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