Columbia Casualty Company v. Gordon Trucking, Inc.

Filing 109

ORDER Adopting 108 Joint Stipulation. Signed by Judge Koh on 6/15/2011. (lhklc3, COURT STAFF) (Filed on 6/15/2011)

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BINGHAM MCCUTCHEN LLP
Frank Kaplan (SBN 50859)
[e-mail]
The Water Garden
1620 26th Street
Fourth Floor, North Tower
Santa Monica, CA 90404
Telephone: [phone]
Facsimile: 310.907.2000
Attorneys for Defendant and Counterclaimant
Gordon Trucking, Inc. and
Crossclaimant American International
Specialty Lines Insurance Company

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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COLUMBIA CASUALTY COMPANY,
an Illinois corporation,
Plaintiff,

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v.

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GORDON TRUCKING, INC., a
Washington corporation, and DOES 1
through 10,

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GORDON TRUCKING, INC., a
Washington corporation, and DOES 1
through 10,

STIPULATION AND
[PROPOSED] ORDER TO
WITHDRAW UNDISPUTED
FACT NO. 49 AND FILE
AMENDED JOINT EXHIBIT
LIST

Defendants.

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No. CV-09-05441-LHK

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Counterclaimant,

Date:
June 20, 2011
Time:
9:00 a.m.
Courtroom: Hon. Lucy H. Koh
5th Floor
Courtroom 4

v.
COLUMBIA CASUALTY COMPANY,
an Illinois corporation; AMERICAN
INTERNATIONAL SPECIALTY LINES
INSURANCE COMPANY, an Alaska
corporation; GREAT WEST CASUALTY
COMPANY, a Nebraska corporation; and
DOES 1 through 10,
Counterdefendants.

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A/74325022.1/3313601-0000344313

Stipulation and [Proposed] Order to Withdraw Undisputed Fact No. 49 CV-09-05441-LHK

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AMERICAN INTERNATIONAL
SPECIALTY LINES INSURANCE
COMPANY, an Alaska corporation,
Crossclaimant,

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v.

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COLUMBIA CASUALTY COMPANY,
an Illinois corporation,

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Crossdefendant.

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This Stipulation is made by and between defendant and

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11 counterclaimant Gordon Trucking, Inc. (“GTI”), cross-claimant American
12 International Specialty Lines Insurance Company (“AISLIC”), and plaintiff and
13 cross-defendant Columbia Casualty Company (“Columbia”), with reference to the
14 following facts:
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1.

On May 25, 2011, pursuant to the Court’s Guidelines for Final Pretrial

16 Conference in Bench Trials, the parties filed their Joint Pretrial Statement and
17 [Proposed] Order (“Joint Statement”), including the parties’ joint trial exhibit list.
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2.

The Joint Statement contained an undisputed fact, Fact No. 49, which

19 stated, “Prior to the high/low settlement agreement that the parties entered into on
20 September 18, 2009, Bianchi’s settlement demand had been as high as $100 million
21 and had never been lower than $24 million.” Joint Statement at 10:11–13.
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3.

Columbia now wishes to withdraw its agreement to Fact No. 49 based

23 on its contention that there are documents previously produced to Columbia but not
24 included in the joint trial exhibit list that Columbia contends show that there was a
25 lower settlement demand in the amount of $15 million.
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4.

Gordon Trucking and AISLIC contend that Fact No. 49 is correct as

27 written, that any documents referencing a demand of $15 million are based on
28 clerical error, and that there is substantial evidence supporting the fact that the
A/74325022.1/3313601-0000344313

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Stipulation and [Proposed] Order to Withdraw Undisputed Fact No. 49 CV-09-05441-LHK

1 lowest settlement demand by Bianchi prior to the High/Low agreement was $24
2 million. In order to more fully respond to Columbia’s contention, Gordon Trucking
3 and AISLIC have identified additional documents beyond those listed in the joint
4 trial exhibit list which they believe confirm that $24 million was the lowest demand.
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5.

In light of the now-disputed nature of this previously undisputed fact,

6 the parties desire to offer additional exhibits related to this issue at trial, and have
7 agreed that such exhibits may be admitted into evidence and should be added to the
8 exhibit list as reflected in the Amended Joint Trial Exhibit List lodged concurrently
9 herewith.

Accordingly, IT IS HEREBY STIPULATED that:

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1.

Undisputed Fact No. 49 may be withdrawn.

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2.

Exhibits 111–119 and 201–205 in the Amended Joint Trial Exhibit

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List lodged concurrently herewith shall be admissible at trial.

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BINGHAM MCCUTCHEN LLP

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By: /s/ Frank Kaplan
Frank Kaplan (SBN 50859)
Attorneys for Defendant and
Counterclaimant Gordon Trucking, Inc.
And Crossclaimant American International
Specialty Lines Insurance Company

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ALVARADO SMITH

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By: /s/ Patrick A. Cathcart______________
Patrick A. Cathcart
Attorneys for Plaintiff, Counterdefendant and
Crossdefendant Columbia Casualty Company

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I, Frank Kaplan, hereby attest, pursuant to N.D. Cal. General Order
No. 45, that the concurrence to the filing of this document has been obtained from
A/74325022.1/3313601-0000344313

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Stipulation and [Proposed] Order to Withdraw Undisputed Fact No. 49 CV-09-05441-LHK

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each signatory hereto.
DATED:

BINGHAM MCCUTCHEN LLP

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By: /s/ Frank Kaplan
Frank Kaplan (SBN 50859)
Attorneys for Defendant and
Counterclaimant Gordon Trucking, Inc.
And Crossclaimant American International
Specialty Lines Insurance Company

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[PROPOSED] ORDER
Pursuant to the Stipulation above, Undisputed Fact No. 49 is
withdrawn, and the Amended Joint Trial Exhibit List may be filed.
IT IS SO ORDERED.

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June
DATED: __ 15, 2011

_________________________________
UNITED STATES DISTRICT JUDGE

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A/74325022.1/3313601-0000344313

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Stipulation and [Proposed] Order to Withdraw Undisputed Fact No. 49 CV-09-05441-LHK