Great Northern Insurance Company et al v. NGL Warehouse, LLC

Filing 235

ORDER granting Plaintiffs' Motion in Limine to Exclude Argument by NGL Warehouse, LLC Regarding the Reasonableness of the Settlement Amount Paid by Plaintiffs in the Underlying Texas Litigation 181 . By Judge Philip A. Brimmer on 1/18/17. (pabsec)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 14-cv-03233-PAB-NYW
GREAT NORTHERN INSURANCE COMPANY and
UNIQUE HOME DESIGNS, INC.,
Plaintiffs,
v.
NGL WAREHOUSE, LLC,
Defendant.

ORDER

This matter comes before the Court on Plaintiffs’ Motion in Limine to Exclude
Argument by NGL Warehouse, LLC Regarding the Reasonableness of the Settlement
Amount Paid by Plaintiffs in the Underlying Texas Litigation [Docket No. 181]. In their
reply brief, plaintiffs acknowledge that they must prove “that Unique was potentially
liable and that the $5M settlement amount was reasonably related to that exposure.”
Docket No. 218 at 4. Consistent with Burlington Northern R.R. Co. v. Stone Container
Corp., 934 P.2d 902 (Colo. App. 1997), plaintiffs do not have to prove they were
actually liable. Moreover, defendant may not attack the reasonableness of such
settlement with reference to potential negligence of Home Depot. See Docket No. 233.
Wherefore, it is
ORDERED that Plaintiffs’ Motion in Limine to Exclude Argument by NGL
Warehouse, LLC Regarding the Reasonableness of the Settlement Amount Paid by
Plaintiffs in the Underlying Texas Litigation [Docket No. 181] is granted.

DATED January 18, 2017.
BY THE COURT:

s/Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge

2