Central Freight Lines, Inc. v. Amazon Fulfillment Services, Inc., et al
Filing
254
PRETRIAL ORDER by Judge James L. Robart. (SWT)
<![CDATA[
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HONORABLE JAMES L. ROBART
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
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CENTRAL FREIGHT LINES, INC., a Texas )
Corporation
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) NO. 2:17-CV-00814-JLR
Plaintiff, )
) JOINT PRETRIAL ORDER
v.
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) TRIAL DATE: OCTOBER 21, 2019
AMAZON FULFILLMENT SERVICES,
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a Delaware corporation, and DOES 1 through )
25, inclusive,
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Defendants. )
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JOINT PRETRIAL ORDER
NO. 2:18-cv-00814-JLR
53523549.1
ROETZEL & ANDRESS LPA
30 N. LASALLE STREET SUITE 2800
CHICAGO, IL 60602
312.580.1200
1
I. JURISDICTION
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This Court has jurisdiction in this matter under 28 U.S.C. § 1332(a) because the matter in
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controversy exceeds the sum of $75,000, exclusive of interest and costs, and is between citizens
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of different states.
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II. CLAIMS AND DEFENSES REMAINING FOR TRIAL
AFTER THE COURT’S SUMMARY JUDGMENT RULING
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On July 31, 2019, this Court entered its Order on the Motions for Summary judgment
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(“Order”), which narrowed the claims and issues that remain for trial. At the September 10, 2019
hearing on Plaintiff’s Daubert motions, the Court advised the parties to sharpen and focus the
issues for trial. The Court’s September 17, 2019 Order on Plaintiff’s Motions to Exclude (“Daubert
Ruling”) further narrowed the remaining issues for trial. The claims and defenses remain for trial
as a result of these rulings are set forth below.
A.
1.
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The Court “GRANT[ED] CFL summary judgment on its declaratory judgment claims that
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AFS’s $2,856,602.00 setoff was improper.” (Order, 51:12-15.). This issue therefore no longer
remains for trial.1
8+ Pallet Issue
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The Court held that: (1) CFL and AFS reached an oral agreement beginning on January 16,
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Counts I and II – Declaratory Judgment and Breach of Contract
Set Off
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PLAINTIFFS’ CLAIMS AND DEFENSES
2014 pursuant to which CFL would charge its spot quote rate for shipments that were 9 or more
pallet spaces in size (Id., 27-28); (2) this oral agreement did not require CFL to obtain AFS’
preapproval of its spot quote rate for shipments that were 9 or more pallet spaces in size. (Id., 2930); (3) “even if the parties orally agreed to the preapproval requirement, AFS waived this
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Central Freight has filed a motion for entry of judgment. (Dkt. # 241.)
JOINT PRETRIAL ORDER
NO. 2:18-cv-00814-JLR-1
ROETZEL & ANDRESS LPA
30 N. LASALLE STREET SUITE 2800
CHICAGO, IL 60602
312.580.1200
1
requirement” (Id., p. 30); (4) the oral agreement “was for CFL to charge its spot-quoted volume
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rate, not a ‘reasonable’ rate” (Daubert Ruling, p. 25 n. 8); (5) CFL “should not have spot quoted
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shipments that occupied exactly eight pallet spaces” (Id., 32:20-22); (6) the Court was unable to
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“determine whether CFL properly charged for the shipments that occupied between one and seven
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pallet spaces” (Id., 32:20-22).2
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Based on the aforementioned rulings by the Court, the only issues that CFL must establish
at trial for Counts I and II on the 8+ Pallet issue are:
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that it billed its volume rate using its spot quote software;
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the amount AFS owes to CFL on the shipments that were 9 or more pallet spaces to which
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the oral agreement applied;
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the amount AFS owes to CFL on the shipments that were 8 or fewer pallet spaces because
of AFS’ miscalculation of what was owed under the Transportation Agreement.
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MBOL Issue
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The Court ruled that CFL was not obligated under the Transportation Agreement (“TA”)
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to consolidate multiple BOLs into a single MBOL. (See Oder, p. 38, “the Court concludes that the
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Agreement allowed CFL to use multiple BOLs”). The Court noted that mutual assent as to whether
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CFL would use one MBOL instead of multiple BOLs “may exist.” (Id.) The sole issue for trial
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thus is “whether, and at what date after the Directive, CFL was required to use one MBOL for
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same day/same origin/same destination shipments.” (Id. at 39:17-19.)
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The $431,028 that AFS set off on the MBOL was based on its audit of the months of
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February, March and April 2016. The sole issue at trial, therefore, is whether there was an
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In the Order, the Court found there are “genuine issues of material fact whether such an agreement [as the January
16, 2014 oral agreement] existed prior to that date, and whether any agreement that existed prior to January 16, 2014,
contained a preapproval requirement.” (Order, 33:16-19.) However, it is undisputed that all of the 8+ Pallet Shipments
for which AFS claims CFL overbilled it took place after the January 16, 2014 agreement. (See Pl. Trial Ex. 167, AFS’
0% Discount Audit, AFS_CFL_00001597.) Moreover, any claim by AFS as to shipments prior to January 16, 2014
would be untimely and barred under the Agreement. There thus is no issue for trial as to the existence of such an
agreement prior to January 16, 2014.
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JOINT PRETRIAL ORDER
NO. 2:18-cv-00814-JLR-2
ROETZEL & ANDRESS LPA
30 N. LASALLE STREET SUITE 2800
CHICAGO, IL 60602
312.580.1200
1
agreement to combine BOLs, and, if so when it was reached. For example, if CFL establishes there
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was no agreement as of the end of April 2016, CFL is entitled to payment of the $431,028 that
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AFS set off.
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Further trial issues are: (1) “whether the $112,203.52 payment [by CFL on the MBOL
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Issue] was a reimbursement pursuant to the Agreement, or whether it was payment in furtherance
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of a settlement.” (Order, 55:16-19); (2) if it was payment in furtherance of a settlement. whether
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CFL is entitled to repayment of this money because AFS continued to pursue additional money
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from CFL after it was paid.
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Tender ID Issue
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The issues at trial on the Tender ID Issue are: (i) whether and when there was an agreement
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that CFL was required to include a valid Tender ID; and (ii) whether AFS could refuse payment
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for a shipment that was made because of no Tender ID. (Id., 40-41.)
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Damages for “bad faith”
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In addition to its actual damages, CFL may – if the jury finds that AFS acted with “bad
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faith” – be entitled to the attorneys’ fees it expended in this litigation. (Order, 56:8-17.) As stated
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in the Order, an award of attorney fees is proper under the bad faith exception when the fees were
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incurred as a result of: (1) an “intentional and calculated action” that (2) left “the plaintiff with
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only one course of action: that is, litigation.” (Id., 56:8-12 (quotation omitted).)
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2.
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The following claims were dismissed by the Court and are no longer part of the trial: Count
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III – Fraud, Count IV – Fraudulent Inducement, Count V – Conversion, Count VI – Promissory
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Estoppel (dismissed as moot because of other rulings), and Count VIII – Violation of Consumer
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Protection Acts.
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3.
Central Freight’s Defenses at Trial to AFS’s Counterclaims.
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1.
AFS’ counterclaims are barred by the doctrines of laches, estoppel, release, waiver,
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Central Freight’s Claims Dismissed by the Court at Summary Judgment
ratification, acquiescence, bad faith and/or unclean hands, and other equitable defenses.
JOINT PRETRIAL ORDER
NO. 2:18-cv-00814-JLR-3
ROETZEL & ANDRESS LPA
30 N. LASALLE STREET SUITE 2800
CHICAGO, IL 60602
312.580.1200
1
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2.
AFS’ counterclaims are barred in whole or in part because AFS has suffered no
damage caused by the actions alleged in the Counterclaims.
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3.
AFS’ counterclaims are barred by Defendants’ own material breach of the Contract.
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4.
Any allegation that Central Freight breached the Contract is legally excused and
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justified by AFS’ material breach of the Contract.
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5.
B.
Any claims by AFS against Central Freight’s outstanding invoices are time-barred.
AFS’S COUNTERCLAIMS AND DEFENSES
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AFS does not accept or ratify CFL’s characterization of the Court’s Orders and documents
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which speak for themselves. Because AFS’s defenses and counterclaims are intertwined, AFS
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addresses them together. AFS will pursue the following defenses and counterclaims at trial:
(1)
CFL breached the terms of the transportation agreement by failing to charge the
contractual rates for shipments occupying 1-8 pallet positions;
(2)
CFL breached the terms of the oral modification of the transportation agreement by
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(a) failing to use its spot quote rating software to determine rates for shipments occupying more
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than 9 pallet positions, and/or (b) inflated the rates it charged AFS for shipments occupying 9 or
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more pallet positions;
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(3)
The parties modified the transportation agreement to require CFL to consolidate
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shipments and CFL breached that agreement by failing to consolidate shipments onto a single bill
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of lading for shipments moving in February, March, April, June of 2016;
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Central Freight’s Response to (3): The only months at issue for trial on the MBOL Issue
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are February, March and April of 2016. In its Counterclaim, AFS asserts that “Central Freight
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charged AFS multiple times for the same single shipments …. Central Freight’s billing procedures
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resulted in AFS overpaying Central Freight by $431,028, of which only a fraction was
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reimbursed.” (Dkt. # 48, Counterclaim ¶ 30.) By email dated June 23, 2016, Christian Piller
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confirmed to CFL that the audit was “only … February 2016 through April 2016 . . .”
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(CFL_003684, Trial Ex. 42.) Both of the “Multiple ARN Audit” spreadsheets AFS produced in
JOINT PRETRIAL ORDER
NO. 2:18-cv-00814-JLR-4
ROETZEL & ANDRESS LPA
30 N. LASALLE STREET SUITE 2800
CHICAGO, IL 60602
312.580.1200
1
discovery, AFS_CFL_00000839 and AFS_CFL_00001599, end in April of 2016. (See Dkt. # 105,
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p. 6, confirming production of the setoff audits.) In addition, AFS is time-barred by both the
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limitations period set forth in the TA and federal law, 49 U.S.C. § 14705, from asserting a claim
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more than 18 months after the claim arose. AFS’ claim on shipments from June 2016 is time-
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barred. AFS should not be permitted to expand its prayer for affirmative relief on the eve of trial.
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AFS’s Reply: AFS’s counterclaims have always been that CFL “materially breached the
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Contract ... by charging AFS multiple times for single shipments.” Dkt. No. 48, ¶¶ 21-25, 42. This
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is an affirmative claim and is not limited to amounts AFS calculated in its audit as overcharges by
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CFL. CFL claims that AFS did not disclose this amount during discovery; however, CFL limited
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its discovery to AFS’s audit. See Dkt. No. 99-1, at 9, 17 (requesting the invoice numbers for “all
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freight services that you claim were overbilled pursuant to the Audit.”); see also Dkt. No. 139, ¶
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49 (placing CFL’s May/June 2016 audit in dispute for this litigation)3; Dkt. No. 144, ¶ 49
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(admitting that CFL agreed to “self-audit its multiple BOL shipments occurring in May and June
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2016, and agreed to repay these amounts, which amounted to $112,203.52 and $145,698.94”);
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Dkt. No. 156, at 23 (“CFL agreed to repay the overcharges from May and June 2016.”). Similarly,
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in its Motion to Compel, CFL only moved to compel the invoices for the “audit it [AFS] conducted
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of CFL’s performance in 2016.” See Dkt No. 98 at 2 (seeking the “full, accurate and complete
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copy of the July 2016 Audit.”), and AFS responded appropriately. The audit in dispute was
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conducted by CFL in August 2016. See Dkt. No. 158-2, at 11. AFS produced this audit as
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AFS_CFL_00001527. Moreover, AFS included these amounts in its Amended Initial Disclosures,
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served on CFL on May 9, 2019. Finally, the statute of limitations does not apply to AFS’s
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counterclaims. Olsen v. Pesarik, 118 Wn. App. 688, 692, 77 P.3d 385 (2003); Seattle First Nat.
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3 CFL’s First Amended
Complaint, Dkt. No. 139, does not explicitly claim that it is entitled to recover the $112,203.52
it paid for unconsolidated May 2016 shipments. Nevertheless, CFL requests that amount be included as part of its
damages.
JOINT PRETRIAL ORDER
NO. 2:18-cv-00814-JLR-5
ROETZEL & ANDRESS LPA
30 N. LASALLE STREET SUITE 2800
CHICAGO, IL 60602
312.580.1200
1
Bank, N.A. v. Siebol, 64 Wn. App. 401, 407, 824 P.2d 1252 (1992). CFL’s objections are
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unwarranted.
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(4)
AFS is entitled to retain the $112,203.52 CFL issued AFS for unconsolidated
shipments that moved in May of 2016;
(5)
CFL breached the terms of the transportation agreement by failing to provide the
required Tender ID on its invoices;
(6)
CFL is not entitled to damages for shipments for which it failed to identify the
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Tender ID on certain unpaid invoices; certain invoices which were untimely submitted; and for
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invoices not authorized by AFS;
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Central Freight’s Response to (6): AFS’s belated attempt to state a claim on the eve of
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trial based upon the “setoff invoices” (as distinct from the “audit invoices”) is improper because
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AFS previously stated in discovery that information concerning the “invoices Central Freight
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submitted after the Audit” (i.e., the “setoff invoices”) “is irrelevant to any claim or defense in this
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litigation.” (AFS’ Answers to Plaintiff’s First Set of Interrogatories, No. 2.) Moreover, AFS stated
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it did not have a claim against the “setoff invoices” when it stated that it “set off this amount
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[$2,856,602] from amounts otherwise due.” (AFS’ Answers to Plaintiff’s First Set of
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Interrogatories, No. 6 (emphasis added).) AFS’ answers to discovery foreclosed its attempt to
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assert claims against the “setoff invoices” (invoices Central Freight submitted for work performed
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after the 2016 audit that AFS refused to pay). It cannot do so now. In addition, AFS is time-barred
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by both the limitations period set forth in the TA and federal law, 49 U.S.C. § 14705, from asserting
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these claims more than 18 months after they arose.
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AFS’s Reply: This allegation is an improper attempt to supplement CFL’s motion in limine
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addressing this issue by asserting alternative grounds for relief. See Dkt. No. 216, at 8-9. It also
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seeks to circumvent this Court’s ruling that these issues are “relevant to AFS’s breach of contract
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counterclaim.” Dkt. No. 238, at 16. CFL was well aware that AFS asserts these claims after CFL
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sought damages in excess of the set off amount. These claims were clearly raised during discovery
JOINT PRETRIAL ORDER
NO. 2:18-cv-00814-JLR-6
ROETZEL & ANDRESS LPA
30 N. LASALLE STREET SUITE 2800
CHICAGO, IL 60602
312.580.1200
1
and were explicitly identified in the expert report of William Partin. See Dkt. No.158-2, at 69
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(dated May 2, 2019); see also Dkt. No. 156, at 43 (dated May 6, 2019). Because CFL was well
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aware of these damages prior to the discovery cutoff, it cannot now raise an issue that this is an
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undisclosed claim. Finally, statute of limitations defenses do not apply to AFS’s counterclaims.
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Olsen v. Pesarik, 118 Wn. App. 688, 692, 77 P.3d 385 (2003); Seattle First Nat. Bank, N.A. v.
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Siebol, 64 Wn. App. 401, 407, 824 P.2d 1252 (1992).
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(7)
AFS did not act in bad faith because CFL misrepresented the agreements it had
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with prior AFS carrier managers, and AFS understood CFL’s ability to spot quote as following
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industry procedures regarding spot quoting shipments.
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III.
STIPULATED FACTS
The parties are prepared to stipulate to the following facts, which are relevant and about
which they believes there is no dispute:
1.
Central Freight is a less-than-truckload (“LTL”) freight carrier based in the
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southwestern United States. Central Freight also performs Truckload (“TL”) services and operates
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throughout the Southern United States.
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2.
LTL is a shipping option for freight shipments larger than parcel (small package)
but less than a full truckload (“TL”).
3.
Central Freight and AFS entered into a Transportation Agreement (“TA”) with an
effective date of July 7, 2011.
4.
The TA was renewed on an annual basis and was in full force and effect until it was
terminated in early 2017.
5.
Central Freight made hundreds of thousands of LTL freight shipments for AFS over
the years the TA was in effect.
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In 2011, Central Freight objected to transporting large volume shipments which
had been tendered to Central Freight.
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JOINT PRETRIAL ORDER
NO. 2:18-cv-00814-JLR-7
ROETZEL & ANDRESS LPA
30 N. LASALLE STREET SUITE 2800
CHICAGO, IL 60602
312.580.1200
1
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7.
Central Freight informed AFS that it did not want to pick up and transport large
volume shipments.
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The Court has ruled that, on January 16, 2014, Christian Piller, of AFS, and Central
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Freight orally modified the TA to allow Central Freight to use its spot quote rating software system
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to set pricing for shipments that occupied nine or more pallet spaces.
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9.
The Court has ruled that the oral modification of the TA for shipments that were
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nine or more pallets in size did not require Central Freight to get preapproval from AFS of the
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pricing for those shipments.
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10.
In 2014, AFS implemented a computerized invoice auditing program, the
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Transportation Invoice Processing System, or “TIPS”, to support the goal of ensuring that AFS
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paid its carriers the right amount and on time.
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If there was a variance between TIPS’s estimated manifest amount and the LTL
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carrier’s invoice, the system would flag the invoice as “off manifest.” TIPS also compared other
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metrics to determine if an invoice would be flagged as “off manifest.”
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12.
AFS paid thousands of invoices for shipments Central Freight transported for
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Amazon, including those that Central Freight contends were rated using Central Freight’s spot
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quote program.
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13.
In June of 2016, AFS denied that it had ever entered into an agreement with Central
Freight regarding large volume shipments.
14.
A bill of lading (“BOL”) is a contract between a shipper and carrier for a shipment
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by warranting payment to a carrier for that shipment. It identifies the freight, the person who
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receives it, the place of delivery and the terms of the agreement.
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15.
On February 13, 2016, Brett Beavers of AFS sent an email to AFS’s LTL carriers
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directing the carriers to combine multiple BOL into a Master BOL (“MBOL”) for shipments going
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from the same origin to the same destination on the same day onto a single MBOL. The email
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instructed carriers to invoice AFS based upon the MBOL.
JOINT PRETRIAL ORDER
NO. 2:18-cv-00814-JLR-8
ROETZEL & ANDRESS LPA
30 N. LASALLE STREET SUITE 2800
CHICAGO, IL 60602
312.580.1200
1
2
16.
Combining multiple shipments, each identified by a single BOL, into a MBOL can
modify the pricing of the shipments.
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17.
AFS sent the February 13, 2016 email to a single billing clerk at Central Freight.
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18.
On February 24, 2016, Barry Rankin, then the Director of Credit and Collections at
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Central Freight, forwarded the February 13, 2016 directive to Central Freight’s EDI team.
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19.
On March 2, 2016, Tom Botsios was forwarded the February 13, 2016 email.
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20.
On April 4, 2016, AFS sent another email to its LTL carriers notifying them that if
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they did not include the proper Tender ID on an invoice, AFS might refuse to pay the invoice.
21.
A Tender ID is a unique reference number used by AFS to provide authorization
for a carrier to transport a shipment.
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22.
A Tender ID may include multiple Amazon Reference Numbers (“ARN”).
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23.
In 2016, AFS initiated an audit of its LTL freight carriers to determine whether the
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carriers were complying with MBOL processes.
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AFS’s MBOL audit claimed that Central Freight overcharged AFS by $431,028 for
the months of February, March and April 2016.
25.
AFS also audited Central Freight to determine its compliance with Tender ID
procedures.
26.
In June of 2016, an Amazon employee noticed that Central Freight was not
applying the contractual discounts to some shipments.
27.
AFS then audited Central Freight to determine whether it was applying the discount
percentages set forth in its contract with AFS to applicable shipments, i.e., the 0% discount audit.
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28.
The 0% Discount audit reviewed shipments sent April 2015 through May 2016.
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29.
On August 10, 2016, AFS sent CFL a demand letter (“Demand Letter”) claiming
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that Central Freight had overcharged AFS: (1) $2,389,538.00 for failing to apply the contractual
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discount to certain shipments; $431,028.00 for failing to consolidate multiple BOLs in February,
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March and April 2016; and (3) $36,036.00 for supplying AFS with incorrect Tender IDs. Based on
JOINT PRETRIAL ORDER
NO. 2:18-cv-00814-JLR-9
ROETZEL & ANDRESS LPA
30 N. LASALLE STREET SUITE 2800
CHICAGO, IL 60602
312.580.1200
1
those asserted errors, AFS demanded that CFL reimburse AFS $2,856,602.00 no later than
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September 15, 2016.
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30.
Central Freight refused to pay AFS the amounts set forth in the Demand Letter.
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31.
AFS decided to withhold money it owed Central Freight for freight services
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rendered in order to “set off” the $2,856,602 million it had demanded from Central Freight but that
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Central Freight refused to pay.
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32.
AFS continued to tender shipments to Central Freight and Central Freight
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continued to pick up and transport shipments for AFS, until the end of February/beginning of
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March 2017.
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33.
On February 14, 2017, AFS informed Central Freight that it would not be awarding
Central Freight any LTL business in 2017.
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34.
AFS did not inform Central Freight in advance of its intent to effectuate a set off.
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35.
AFS began withholding payments to Central Freight on March 13, 2017.
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36.
AFS calculated the amount to set off for the 0% discount and Tender ID audits from
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a spreadsheet bates numbered AFS_CFL_00000351.
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37.
Later, AFS admitted that the spreadsheet AFS_CFL_00000351 was missorted.
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38.
To correct the error, AFS produced another spreadsheet, AFS_CFL00001597,
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which contains all the same shipments on its original 0% Discount Audit (AFS_CFL_00000351).
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AFS_CFL_00001597 did not include the Tender ID audit, which was included in
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AFS_CFL_00000351.
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39.
However, AFS_CFL_00001597 calculated the overcharge to be $2,415,787.27,
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more than the amount shown in AFS_CFL_00000351 and the amount AFS set off from Central
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Freight.
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40.
The 0% Discount audit contained 6,298 shipments, including shipments that were
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1 to 8 pallets in size, shipments that were nine pallets or more in size, as well as shipments
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comprised of non-palletized freight.
JOINT PRETRIAL ORDER
NO. 2:18-cv-00814-JLR-10
ROETZEL & ANDRESS LPA
30 N. LASALLE STREET SUITE 2800
CHICAGO, IL 60602
312.580.1200
1
2
41.
AFS initially withheld as set off an amount that was $530,152.21 more than was
set forth in the AFS_CFL_00000351 audit spreadsheet.
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42.
AFS paid the $530,161.23 a few weeks after Central Freight filed this lawsuit.
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43.
CFL claims AFS is currently withholding $2,856,602 from Central Freight based
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upon the setoff.
44.
Of the 6,298 shipments in the 0% Discount audit, 4,151 of the shipments occupied
8 or fewer pallet spaces.
45.
Shipments that occupied fewer than 9 pallet spaces should have been rated under
the TA.
46.
The proper way to rate a shipment under the TA is to (i) determine the CzarLite
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Base Rate, (ii) apply the contractual discount to the CzarLite Base Rate and then (iii) apply AFS’s
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fuel surcharge.
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IV.
1.
ISSUES OF LAW
Whether Central Freight agreed to consolidate shipments onto MBOL, such that
Central Freight and AFS formed a contract on the MBOL Issue, after April 30, 2016.
2.
Whether AFS breached the Transportation Agreement by withholding as set off
$431,028 on the MBOL Issue.
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3.
Whether Central Freight breached the Transportation Agreement by failing to
consolidate shipments and consequently overcharging AFS by $431,028 for shipments in
February, March and April of 2016, and $145,698.94 for June 2016.
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Central Freight Response to (3): Shipments from June of 2016 are time-barred, barred
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by AFS’s responses in discovery and AFS omitted any claims against these shipments from its
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Counterclaim. See page 4, supra.
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JOINT PRETRIAL ORDER
NO. 2:18-cv-00814-JLR-11
ROETZEL & ANDRESS LPA
30 N. LASALLE STREET SUITE 2800
CHICAGO, IL 60602
312.580.1200
4.
1
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$36,036 on the Tender ID issue.
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4
Whether AFS breached the Transportation Agreement by withholding as set off
5.
Whether Central Freight breached the Transportation Agreement by failing to
provide proper Tender IDs on its invoices to AFS.
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Central Freight Response to (5): AFS’ claims against the “setoff invoices,” those
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invoices that remain unpaid and are distinct from the invoices AFS audited (i.e., the “audit
invoices”) are time-barred and barred by AFS’s responses in discovery. See page 5, supra.
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6.
funds from Central Freight for shipments that occupied 8 or fewer pallet spaces in excess of the
rates determined by the Transportation Agreement.
12
7.
13
14
15
16
Whether AFS breached the Transportation Agreement by setting off an amount of
Whether Central Freight breached the Transportation Agreement by failing to apply
the contractual discount or minimum charge rates to shipments occupying fewer than 8 pallet
spaces.
8.
Whether AFS breached the oral agreement found by the Court by setting off funds
17
for shipments that were rated pursuant to the oral agreement (i.e., those occupying 9 or more pallet
18
spaces).
19
20
21
22
9.
Whether Central Freight breached the oral agreement found by the Court by failing
to use its spot quote system to rate shipments that occupied 9 or more pallet spaces as agreed.
10.
Whether AFS engaged in bad faith by (i) denying the existence of the oral
23
agreement, conducting an audit of shipments subject to the oral agreement and setting off money
24
from Central Freight based shipments subject to the oral agreement (ii) disregarding its own
25
internal and external policies, including terms in the Transportation Agreement, regarding bills of
26
JOINT PRETRIAL ORDER
NO. 2:18-cv-00814-JLR-12
ROETZEL & ANDRESS LPA
30 N. LASALLE STREET SUITE 2800
CHICAGO, IL 60602
312.580.1200
1
lading, auditing Central Freight for its failure to consolidate certain shipments and setting off
2
money from Central Freight for that alleged failure; and/or (iii) setting off money from Central
3
Freight instead of engaging in a proper dispute resolution process.
4
11.
Whether AFS should repay Central Freight the $112,203.52 it paid AFS because
5
6
the payment was contingent on resolving all payment issues between Central Freight and AFS.
V. WITNESSES
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
A.
EXPERT WITNESSES
1.
Each party shall be entitled to two expert witnesses. The witnesses may be called
to testify on the following topics: (i) industry custom and practice regarding multiple bills of
lading; (ii) CFL’s spot quote program and how the program calculates rates.
2.
The name(s) and addresses of the expert witness(es) to be used by each party at the
trial and the issue upon which each will testify is:
(a)
On behalf of plaintiff; Michael Regan (Possible Witness Only), TranzAct
Technologies, Inc., 360 W. Butterfield Road, Suite 400, Elmhurst, IL 60126. Mr. Regan will testify
consistent with his expert report and his rebuttal report and his deposition given in this matter.
(b)
On behalf of defendant:
(i) Nicole Bolton (Will Testify), 18 Remount Rd., North Little Rock, AR
72118. Ms. Bolton will testify “whether CFL failed to use its spot-quote program, or artificially
inflated its volume rates” (Dkt. No. 238, at 27); CFL’s spot quote system, as detailed in her
supplemental report (see Dkt. No. 238, at 5 n. 4); and industry custom and practice regarding
multiple bills of lading (Dkt. No. 238, at 30), as set forth in her expert reports. Ms. Bolton will not
testify about the reasonableness of Central Freight’s spot quote rates themselves or as compared
with the LTL industry at large. (Dkt. No. 238.)
(ii) William Partin (Possible Witness Only), 400 108th Ave N.E. Suite
615, Bellevue WA 98004. Mr. Partin may testify regarding CFL’s claimed damages stemming
JOINT PRETRIAL ORDER
NO. 2:18-cv-00814-JLR-13
ROETZEL & ANDRESS LPA
30 N. LASALLE STREET SUITE 2800
CHICAGO, IL 60602
312.580.1200
1
from the 0% Discount audit and the amount CFL overcharged for certain shipments that had 0%
2
discount applied. Mr. Partin will not testify about the timeliness of Central Freight’s invoices or
3
the validity or invalidity of Tender IDs Central Freight included on its invoices. (Dkt. # 238, pp.
4
18-20.)
5
B.
WITNESSES
6
1.
7
Pursuant to LCR 16(h), Central Freight identifies the names and addresses of all witnesses
8
who might be called by it and the general nature of the expected testimony of each. Central Freight
9
also reserve the right to call any witnesses identified by AFS, as part of Central Freight’s case in
10
Central Freight’s Witnesses
chief or in rebuttal.
11
All current employees and retained experts of Central Freight may be contacted via
12
Plaintiff’s counsel.
13
1.
14
Waco, TX 76710 - Will Testify
Tom Botsios (Central Freight Lines), Central Freight Lines, Inc., 5601 West Waco Dr.,
15
Mr. Botsios will testify regarding:
16
The nature of Central Freight’s business as an LTL carrier; his experience in
17
trucking industry and at Central Freight; Central Freight’s business practices; the
18
trucking industry; CzarLite; bills of lading; the TA, including but not limited to its
19
negotiation, terms, pricing or rating arrangements, rights and responsibilities
20
thereunder and amendments; the business between AFS and Central Freight; the
21
agreement between AFS and Central Freight permitting Central Freight to use its
22
spot quote system to rate volume shipments; Central Freight’s use of its spot quote
23
system to rate volume shipments for AFS; misrepresentations made by AFS; the
24
“audits” AFS provided Central Freight; Central Freight’s attempts to resolve
25
disputes with AFS; AFS’s set off of funds to compensate for Central Freight’s
26
alleged overcharges; Central Freight’s attempts to assess and analyze AFS’s
JOINT PRETRIAL ORDER
NO. 2:18-cv-00814-JLR-14
ROETZEL & ANDRESS LPA
30 N. LASALLE STREET SUITE 2800
CHICAGO, IL 60602
312.580.1200
1
“audits”; amounts owed by AFS to Central Freight; damages incurred by Central
2
Freight caused by AFS; AFS’s bad faith. It is further anticipated that Mr. Botsios
3
will testify consistent with his deposition testimony given in this matter.
4
2.
Don Orr (Central Freight Lines), May be Contacted Through Counsel for Central Freight
5
Lines - Possible Witness Only
6
Mr. Orr will testify regarding:
7
The history of Central Freight and its business; his experience in the trucking
8
industry and his tenure with Central Freight; the MBOL dispute; attempts to resolve
9
the disputes between AFS and Central Freight; damages incurred by Central Freight
10
caused by AFS; AFS’s bad faith. It is further anticipated that Mr. Orr will testify
11
consistent with his deposition testimony given in this matter.
12
3.
Samantha Amaro (Central Freight Lines), Central Freight Lines, Inc., 5601 West Waco
13
Dr., Waco, TX 76710 – Will Testify
14
Ms. Amaro will testify regarding:
15
Her tenure and experience at Central Freight; Central Freight’s business practices; the TA;
16
Central Freight’s spot quote practices; the agreement between AFS and Central Freight
17
regarding volume shipments; Central Freight’s use of its spot quote system; amounts owed
18
by AFS to Central Freight; damages incurred by Central Freight as a result of AFS’s
19
conduct; the MBOL dispute; communications between Central Freight and AFS before,
20
during and after the MBOL dispute, 0% Discount Dispute, TenderID Dispute. It is further
21
anticipated that Ms. Amaro will testify consistent with her deposition testimony given in
22
this matter.
23
4.
24
Dr., Waco, TX 76710 – Will Testify
25
Doug Culbertson (Central Freight Lines), Central Freight Lines, Inc., 5601 West Waco
Mr. Culbertson will testify regarding:
26
JOINT PRETRIAL ORDER
NO. 2:18-cv-00814-JLR-15
ROETZEL & ANDRESS LPA
30 N. LASALLE STREET SUITE 2800
CHICAGO, IL 60602
312.580.1200
1
His experience in the trucking industry and tenure with Central Freight; Central
2
Freight’s business practices and procedures; the TA; how LTL shipments are rated
3
under CzarLite and the TA; how Central Freight uses pallet spaces in rating a
4
shipment; Central Freight’s spot quote system; Central Freight’s use of its spot
5
quote program to rate volume shipments; bills of lading and related documents
6
Central Freight creates and/or uses during the shipping and billing process; his
7
review of AFS’ 0% Discount Spreadsheet (AFS_CFL_00001597) and supporting
8
documents to determine which shipments were nine of more pallet spaces in size,
9
and which were 8 pallets or fewer in size (CFL_098680); documents
10
(CFL_052745-52906) that show that Central Freight performed services for AFS
11
for the shipments subject to AFS’s Tender ID audit, AFS_CFL_00001598; the
12
MBOL Dispute; AFS’s incorrect “audits”; Central Freight’s assessment and
13
analysis of various AFS’s “audits”; spreadsheets created by him or at his direction
14
relating to the audits; Central Freight’s unpaid invoices; damages incurred by
15
Central Freight as a result of AFS’s conduct; Central Freight’s damages
16
calculations. It is further anticipated that Mr. Culbertson will testify consistent with
17
his deposition testimony given in this matter.
18
5.
Christian Piller (AFS), 2337 W Lyndale Street, Unit 2, Chicago, IL 60647-3229 - Will
19
Testify as an Adverse Witness
20
Mr. Piller will testify regarding:
21
His tenure, experience and roles at AFS; the TA; the “audit” AFS provided to
22
Central Freight; agreements between AFS and Central Freight regarding volume
23
shipments; the various audits AFS conducted of Central Freight, including
24
spreadsheets supporting those audits; the EDI invoices for all Central Freight
25
invoices that AFS audited, AFS_CFL_00001946-91242; AFS’s TIPS System;
26
AFS’s policies and procedures regarding bills of lading; the MBOL Dispute;
JOINT PRETRIAL ORDER
NO. 2:18-cv-00814-JLR-16
ROETZEL & ANDRESS LPA
30 N. LASALLE STREET SUITE 2800
CHICAGO, IL 60602
312.580.1200
1
internal AFS communications regarding MBOL issues; AFS’s decision to set off
2
funds owed to Central Freight; AFS’s build up of its accounts payable balance to
3
Central Freight to support the setoff; AFS’s repudiation of the oral agreement with
4
Central Freight; his review of CFL financial data; AFS’s bad faith. It is also
5
anticipated that Piller will also testify consistent with his deposition testimony
6
given in this matter.
7
6.
8
Seattle, WA 98101-3299 – Will Testify as an Adverse Witness
9
Brett Beavers (AFS), c/o Foster Pepper PLLC, 1111 Third Ave., Suite 3000,
Mr. Beavers will testify regarding:
10
His tenure, experience and role at AFS; LTL rates and invoicing practices; AFS’s
11
invoicing, billing and payment practices, including but not limited to EDI and other
12
data transfers; AFS’s TIPS system; bills of lading; AFS’s policies and procedures
13
regarding bills of lading; the MBOL Dispute; AFS’s audits, including spreadsheets
14
supporting those audits; AFS’s decision to set off funds owed to Central Freight;
15
AFS’s build up of its accounts payable balance to Central Freight to support the
16
setoff; AFS’s bad faith. It is also anticipated that Mr. Beavers will also testify
17
consistent with his deposition testimony given in this matter.
18
7.
19
Andrea Lau (AFS), 6609 43rd Ave. S., Seattle, WA 98118 – Possible Adverse Witness
Only
20
Ms. Lau may testify regarding:
21
Her tenure and experience at AFS; AFS’s invoicing, billing and payment practices;
22
her knowledge of Central Freight’s rates and invoicing practices; internal
23
discussions at AFS about Central Freight’s refusal to accept large volume
24
shipments; AFS’s knowledge that Central Freight was rating certain shipments at
25
rate other than that set forth in the TA; AFS’s knowledge that that Central Freight
26
was using its spot quote system to rate volume shipments for AFS; AFS’s TIPS
JOINT PRETRIAL ORDER
NO. 2:18-cv-00814-JLR-17
ROETZEL & ANDRESS LPA
30 N. LASALLE STREET SUITE 2800
CHICAGO, IL 60602
312.580.1200
1
system; agreements between AFS and Central Freight regarding large volume
2
shipments; her communications with Central Freight. It is also anticipated that Ms.
3
Lau will testify consistent with her deposition testimony given in this matter.
4
8.
Ankush Khandelwal (AFS), c/o Foster Pepper PLLC, 1111 Third Ave., Suite 3000,
5
Seattle, WA 98101-3299 – Will Testify as an Adverse Witness
6
Mr. Khandelwal will testify regarding:
7
His tenure and experience at AFS; his lack of experience at AFS in the spring of
8
2016; LTL rates and invoicing practices; AFS’s invoicing, billing and payment
9
practices, including but not limited to EDI and other data transfers; AFS’s TIPS
10
system; his knowledge of Central Freight’s rates and invoicing practices;
11
agreements between AFS and Central Freight regarding large volume shipments;
12
his communications with Central Freight including but not limited to his knowledge
13
that Central Freight was using its spot quote system to rate volume shipments for
14
AFS; AFS’s audits of Central Freight, including spreadsheets supporting those
15
audits; AFS’s decision to set off funds owed to Central Freight; AFS’s decision not
16
to inform Central Freight that it did not intend to pay Central Freight for services
17
rendered in early 2016; the amounts AFS set off from Central Freight. It is further
18
anticipated that Mr. Khandelwal will testify consistent with his deposition
19
testimony given in this matter.
20
9.
Allison Stein (AFS), 3901 1st Ave NW, No. 301, Seattle, WA 98107-4956 – Possible
21
Adverse Witness Only
22
Ms. Stein may testify regarding:
23
Her tenure and experience at AFS; AFS’s invoicing, billing and payment practices;
24
her knowledge of Central Freight’s rates and invoicing practices; AFS’s knowledge
25
that Central Freight was rating certain shipments at rates other than that set forth in
26
the TA; AFS’s knowledge that Central Freight was using its spot quote system to
JOINT PRETRIAL ORDER
NO. 2:18-cv-00814-JLR-18
ROETZEL & ANDRESS LPA
30 N. LASALLE STREET SUITE 2800
CHICAGO, IL 60602
312.580.1200
1
rate volume shipments for AFS; AFS’s TIPS system; her communications with
2
Central Freight. It is also anticipated that Ms. Stein will testify consistent with her
3
deposition testimony given in this matter.
4
10.
Todd Militzer (Central Freight Lines), 1420 Danbury Drive, Mansfield, TX 76063 –
5
Will Testify
6
Militzer will testify regarding:
7
His experience in the freight shipping industry; his tenure and experience at Central
8
Freight; Central Freight’s invoicing and billing practices; Central Freight’s use of
9
its spot quote system; his analysis of AFS’s purported audits and demands for
10
payment; spreadsheets created by him or at his direction, including but not limited
11
to CFL_094418; AFS’s set off of funds owed to Central Freight; comparison of
12
spreadsheets created by him with those created after his tenure at CFL; the amounts
13
AFS owes Central Freight; Central Freight’s damages caused by AFS. It is further
14
anticipated that Mr. Militzer will testify consistent with his deposition testimony
15
given in this matter.
16
11.
Robert Harris (Central Freight Lines), 1300 Placid Circle, Apt 2405, Waco, TX 76706
17
– May Testify4
18
Mr. Harris testify regarding:
19
His tenure, experience and roles at Central Freight; Central Freight’s spot quote system;
20
Central Freight’s use of its spot quote system to rate volume shipments for AFS; CFL’s
21
procedure for billing its volume rate using the spot quote system for AFS volume
22
shipments.
23
24
25
26
Central Freight has designated parts of Mr. Harris’s deposition for use at trial in an abundance of caution. Mr. Harris
is a former employee of Central Freight and, despite efforts, counsel for Central Freight has been unable to confirm
his attendance at trial. Moreover, he resides more than 100 miles from Seattle.
4
JOINT PRETRIAL ORDER
NO. 2:18-cv-00814-JLR-19
ROETZEL & ANDRESS LPA
30 N. LASALLE STREET SUITE 2800
CHICAGO, IL 60602
312.580.1200
1
12.
David Heim (Central Freight Lines) – 1513 Melody Lane, Keller, Texas 76262 – May
2
Testify via deposition
3
Mr. Heim may testify regarding:
4
His tenure, experience and roles at Central Freight; Central Freight’s rating and billing
5
practices; Central Freight’s spot quote system; Central Freight’s use of its spot quote
6
system to rate volume shipments for AFS; CFL’s procedure for billing its volume rate using
7
the spot quote system for AFS volume shipments.
8
13.
Allen Parrot (Central Freight Lines), 15410 Prade Ranch Lane, Cypress, TX 77429-
9
6439 – Possible Witness Only via deposition
10
Mr. Parrot may testify regarding:
11
His tenure, experience and role at Central Freight; Central Freight’s invoicing and
12
billing practices; the amounts AFS owes to Central Freight; Central Freight’s
13
damages caused by AFS; AFS’s set off of funds owed to Central Freight; directives
14
he gave Central Freight officers and employees regarding AFS’s audits and set off,
15
including the creation of CFL_052072; and the attorneys’ fees and costs expended
16
by CFL in this matter. It is further anticipated that Mr. Parrot will testify consistent
17
with his deposition testimony given in this matter.
18
19
Central Freight Lines may rely upon testimony from the depositions of the following
20
persons: (i) Robert Flannery; (ii) Robert Black; (iii) David Heim; (iv) Robert Harris; (v) Allen
21
Parrot; (vi) Christian Piller; and (vii) Allison Stein.5
22
23
Those portions of the deposition of Robert Flannery that Central Freight Lines may offer
into evidence are:
24
25
26
Central Freight intends to submit the videotaped depositions of Robert Flannery, Christian Piller and Allison Stein,
should any of their designations be used at trial.
5
JOINT PRETRIAL ORDER
NO. 2:18-cv-00814-JLR-20
ROETZEL & ANDRESS LPA
30 N. LASALLE STREET SUITE 2800
CHICAGO, IL 60602
312.580.1200
1
2
3
4
5
6
7
Those portions of the deposition of Robert Black that Central Freight Lines may offer into
evidence are:
8
9
10
11
12
13
253:2 – 255:7
13:5-8
25:4-26:23
31:14 – 32:7
49:22 – 50:3
66:19-25
19:10 – 20:23
27:2-25
32:12 – 33:14
54:6-13
79:20-25
22:4-14
28:14-24
34:12 – 35:6
58:12-20
24:2-9
29:9-24
46:7-23
59:2-16
Those portions of the deposition of David Heim that Central Freight Lines may offer into
evidence are:
12:22 – 13:2
19:6 – 20:22
27:6-12
36:14-24
61:24 – 62:2
13:6-14
22:12-14
27:15 – 28:11
38:3-6
13:24 – 14:8
23:6 – 24:13
28:22 – 29:17
40:8-19
15:10 – 16:21
26:12-20
29:21 – 31:23
43:3-19
14
Those portions of the deposition of Robert Harris that Central Freight Lines may offer
15
16
17
18
19
20
into evidence are:
12:14-21
26:11-15
39:14 – 41:11
50:11-24
83:12-23
92:16 – 93:19
13:13-20
31:22 – 32:12
42:24 – 43:4
51:17-19
85:10 – 86:22
94:22 – 95:8
14:18 – 15:14
33:13-24
43:6 – 44:23
51:22 – 52:7
87:22 – 88:24
97:9 – 98:2
15:22 – 17:20
37:23 – 38:10
45:3-11
79:11 – 80:11
91:13-22
21
22
23
24
25
Those portions of the March 8, 2019 deposition of Allen Parrot that Central Freight Lines
may offer into evidence are:
14:8-21
48:6-18
15:2-8
49:19 – 50:4
30:8-10
72:8-20
46:8-23
26
JOINT PRETRIAL ORDER
NO. 2:18-cv-00814-JLR-21
ROETZEL & ANDRESS LPA
30 N. LASALLE STREET SUITE 2800
CHICAGO, IL 60602
312.580.1200
1
2
3
4
Those portions of the April 22, 2019 30(b)(6) deposition of Allen Parrot that Central
Freight Lines may offer into evidence are:
41:12-25
45:7 – 46:5
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
42:7-25
49:17-24
43:2-25
50:24 – 52:20
44:3-19
57:5-9
Those portions of the deposition of Christian Piller that Central Freight Lines may offer
into evidence are:
11:6-8
13:1-7
19:21 – 20-6
28-15 – 30-16
44:21 – 45:17
46:13-18
50: 11-14
53:5-17
55:4-16
69:18 – 74:5
107:15 – 108:1
112:23 – 113:6
131:8-12
134:10-12
143:17-24
150:2-3
155:10-12
162:3 – 163:6
165:16
171:18 – 174:11
185:11 – 187:6
189:10-24
199:19-23
202:21 – 203:7
204:7-11
209:18 – 210:20
211:25 – 216:19
JOINT PRETRIAL ORDER
NO. 2:18-cv-00814-JLR-22
11:18-25
14:20 – 15:21
20-13-16
30:23 – 34:5
45:22 – 46:2
47:17 – 23
51:1-6
53:23-25
58:24 – 60:3
101:1 – 105:6
108:15 – 109:10
113:23 – 114:5
132:2-15
139:5-13
144:2-5
153:18 – 154:25
160:15 – 161:3
163:18 – 164:19
166:3 – 167:25
180:18-24
187:8 – 188:5
190:1 – 191:13
199:25 – 201:23
203:9-23
204:13 – 205:2
210:22 – 211:5
216:21 – 217:4
12:1-25
16:6 – 19:10
27:10 – 28-12
43:16 – 44:10
46:7-9
48:13 – 49:20
51:14 – 52:4
54:1-3
64:2 – 66:19
106:25 – 107:11
111:7 – 112:7
129:17 – 130:8
133:16 – 134:8
143:8-15
149:19-25
155:3-7
161:5-6
164:22 – 165:14
168:19 – 171:16
181:1-2
188:7 – 189:8
197:4 – 199:17
202:12-16
203:25 – 204:1
209:4-6
211:15-21
217:6-8
ROETZEL & ANDRESS LPA
30 N. LASALLE STREET SUITE 2800
CHICAGO, IL 60602
312.580.1200
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
217:11
218:23 – 219:23
220:20-25
221:19-22
222:8-21
223:16-17
228:12 – 230:7
230:19 – 232:12
233:1-19
235:3-5
243:2-7
252:11 – 253:18
254:19 – 259:10
261:15 – 263:14
268:2 – 269:10
274:19 – 275:4
279:11-19
293:5-11
298:3
217:22 – 218:2
219:25 – 220:9
221:2-4
221:24 – 222:1
222:23
224:7-17
230:10-11
232:14-18
233:21 – 234:6
235:24 - 238:25
243:9-10
253:20 – 254:2
259:12 – 260:13
263:19 – 267:4
270:10 – 273:6
275:21 – 276:1
280:12 – 281:24
293:14 – 294:15
298:8-14
218:4-21
220:11-18
221:12-17
222:3-5
222:25 – 223:14
224:19 – 225:1
230:14:17
232:20-22
234:24-25
239:13-20
245:14 – 251:2
254:4-16
260:15 – 261:7
267:10-25
273:24 – 274:11
277:8 – 278:13
285:18 – 290:2
295:3 – 296:11
Those portions of the deposition of Allison Stein that Central Freight Lines may offer into
evidence are:
8:2 – 16:22
16:25 – 18:11
18:18 – 19:9
19:14 – 24:24
25:4 – 26:10
26:12-15
26:17-18
26:20 – 28:19
28:22 – 29:21
30:1 – 33:5
33:7-9
33:15 – 34:7
34:10
34:12 – 35:5
JOINT PRETRIAL ORDER
NO. 2:18-cv-00814-JLR-23
47:17 – 48:7
50:7 – 51:16
52:3-9
52:12-25
54:9-11
54:13-19
55:14 – 56:7
56:16-21
56:24
57:1-19
59:1-23
60:1-9
60:17-25
61:1 – 65:9
78:8-19
79:1-17
79:20 – 81:17
82:11 – 84:25
89:20 – 90:12
90:25 – 92:18
93:18-24
94:1
94:3-5
100:17 – 101:6
101:8
101:10-13
102:3 – 103:9
104:24 – 106:12
ROETZEL & ANDRESS LPA
30 N. LASALLE STREET SUITE 2800
CHICAGO, IL 60602
312.580.1200
1
2
3
4
5
6
7
8
9
10
36:10-12
36:15 – 37:4
37:6-7
37:9-25
38:2
38:4-25
39:2
39:4 – 42:24
43:2 – 44:3
44:6 – 45:5
45:8
45:10 – 46:22
46:25
47:2
95:12-13
95:16 – 66:21
66:24 – 67:15
67:18-19
68:1 – 72:23
73:1-2
73:5-19
73:23-25
74:2-9
74:11 – 75:5
75:15 – 76:16
76:20 – 77:20
77:24 – 78:3
78:6
108:5 – 111:21
112:1 – 114:17
114:21 – 115:12
115:20 – 117:10
117:16 – 118:2
139:9 – 140:6
141:1-142:3
142:8-17
142:21 – 143:7
143:21-25
144:3-22
11
2.
12
13
1.
Freight’s improper invoicing practices, AFS’s audits of Central Freight, the LTL
15
transportation industry, misrepresentations made by Central Freight to AFS, and AFS’s
16
setoff of funds.
17
19
2.
Mr. Beavers will testify regarding Central Freight’s improper invoicing practices, the
modification of the transportation agreement, Central Freight’s invoices, the LTL
21
transportation industry, AFS’s auditing system, the audits he conducted, and AFS’s setoff
22
of funds.
23
25
Brett Beavers (AFS) – c/o Foster Pepper PLLC, 1111 Third Avenue, Suite 3000, Seattle,
WA 98101 – Will Testify
20
24
Christian Piller (AFS) – 2337 W Lyndale Street, Unit 2, Chicago, IL 60647 – Will Testify
Mr. Piller will testify regarding the modification of the transportation agreement, Central
14
18
AFS’s Witnesses
3.
Ankush Khandelwal (AFS) – c/o Foster Pepper PLLC, 1111 Third Avenue, Suite 3000,
Seattle, WA 98101 – Will Testify
26
JOINT PRETRIAL ORDER
NO. 2:18-cv-00814-JLR-24
ROETZEL & ANDRESS LPA
30 N. LASALLE STREET SUITE 2800
CHICAGO, IL 60602
312.580.1200
1
Mr. Khandelwal will testify concerning AFS’s invoicing processing system, Central
2
Freight’s improper invoicing practices, audits he created, and amounts setoff by AFS.
3
4.
Robert Flannery (AFS) – 7376 Longview Court, Naples, Florida 34109 – May Testify
4
Mr. Flannery may testify regarding the LTL transportation industry, the transportation
5
agreement, and Central Freight’s improper invoicing practices.
6
5.
7
Joseph Kraninger (AFS) – 4701 Wyngate Way, Forest Lake, Minnesota 55025 – May
Testify
8
Mr. Kraninger may testify regarding the alleged modification of the transportation
9
agreement, the transportation agreement, and the LTL transportation industry.
10
6.
Allen Parrot (Central Freight Lines) – 15410 Prade Ranch Lane, Cypress, Texas 77429
11
– May Testify via Deposition
12
Mr. Parrot may testify regarding Central Freight’s improper invoicing practices and alleged
13
damages.
14
7.
David Heim (Central Freight Lines) – 1513 Melody Lane, Keller, Texas 76262 – Will
15
Testify via Deposition
16
Mr. Heim will testify regarding the transportation agreement, the implementation of the
17
oral modification, Central Freight’s improper invoicing practices, and Central Freight’s
18
alleged damages.
19
8.
Don Orr (Central Freight Lines) – c/o Roetzel & Andress, 30 N LaSalle St #2800,
20
Chicago, IL 60602 – Will Testify
21
Mr. Orr will testify regarding the transportation agreement, the modification to the
22
transportation agreement, Central Freight’s improper invoicing practices, Central Freight’s
23
alleged damages, and Central Freight’s misrepresentations to AFS.
24
9.
Doug Culbertson (Central Freight Lines) – c/o Roetzel & Andress, 30 N LaSalle St
25
#2800, Chicago, IL 60602 – Will Testify
26
JOINT PRETRIAL ORDER
NO. 2:18-cv-00814-JLR-25
ROETZEL & ANDRESS LPA
30 N. LASALLE STREET SUITE 2800
CHICAGO, IL 60602
312.580.1200
1
Mr. Culbertson will testify regarding the transportation agreement, the modification of the
2
transportation agreement, Central Freight’s improper invoicing practices, and Central
3
Freight’s alleged damages.
4
10.
5
Chicago, IL 60602 – Will Testify
6
Grady Christie (Central Freight Lines) – c/o Roetzel & Andress, 30 N LaSalle St #2800,
Mr. Christie may testify regarding Central Freight’s spot quote program.
7
11.
8
May Testify
9
Todd Militzer (Central Freight Lines) – 1420 Danbury Drive, Mansfield, TX 76063 –
Mr. Militzer may testify regarding Central Freight’s improper invoicing practices, and
10
Central Freight’s alleged damages.
11
12.
Thomas Botsios (Central Freight Lines) – c/o Roetzel & Andress, 30 N LaSalle St
12
#2800, Chicago, IL 60602 – Will Testify
13
Mr. Botsios will testify regarding the transportation agreement, any oral modification to it,
14
Central Freight’s alleged damages, Central Freight’s misrepresentations to AFS, and
15
Central Freight’s alleged damages.
16
13.
17
Allison Stein (AFS) – 3901 1st Ave NW, No. 301, Seattle, WA 98107 – May Testify
Ms. Stein may testify regarding AFS’s invoicing processing system.
18
14.
Robert Black (Central Freight Lines) – 635 Old Bethany Road, Bruceville, Texas 76630
19
– May Testify via Deposition
20
Mr. Black will testify regarding Central Freight’s spot quote program, invoicing practices,
21
and any modification to the transportation agreement.
22
15.
Kristin Kubitza (Central Freight Lines) – 1881 Battle Lake Road, Riesel, TX 76682 –
23
May Testify via Deposition
24
Ms. Kubitza may testify regarding the transportation agreement, the modification of the
25
transportation agreement, Central Freight’s improper invoicing practices, and Central
26
Freight’s alleged damages.
JOINT PRETRIAL ORDER
NO. 2:18-cv-00814-JLR-26
ROETZEL & ANDRESS LPA
30 N. LASALLE STREET SUITE 2800
CHICAGO, IL 60602
312.580.1200
1
16.
Samantha Amaro (Central Freight Lines) – c/o Roetzel & Andress, 30 N LaSalle St
2
#2800, Chicago, IL 60602 – May Testify
3
Ms. Amaro may testify regarding the transportation agreement, the modification to the
4
transportation agreement, Central Freight’s improper invoicing practices, and Central
5
Freight’s alleged damages.
6
AFS reserves the right to use any deposition testimony designated by CFL. AFS may rely
7
8
9
10
11
upon testimony from the depositions of the following persons: (i) Robert Harris; (ii) Joseph
Kraninger; (iii) Robert Black; (iv) Kristin Kubitza; (v) David Heim; (vi) Grady Christy; (vii) Don
Orr; (viii) Allen Parrot; (ix) FRCP 30(b)(6) of Allen Parrot, (x) Christian Piller, and (xi) Allison
Stein.6
Those portions of the deposition of Robert Harris that AFS may offer into evidence are:
12
13
14
16:25-22:16
37:23-40:17
82:14-25
23:2-8
43:8-44:19
83:2-84:3
25:20-26:10
49:18-52:4
90:9-93:19
31:19-21
62:21-63:13
95:24-97:22
15
Those portions of the deposition of Joseph Kraninger that AFS may offer into evidence
16
17
are:
18
19
20
21
22:4-6
75:23-76:6
84:4-15
152:2-16
23:13-24
76:15-18
97:2-24
154:13-155:24
28:1025
78:23-81:18
108:18-111:6
50:16-51:8
83:5-16
129:1-6
Those portions of the deposition of Robert Black that AFS may offer into evidence are:
22
23
27:21-38:12
85:6-100:3
41:14-50:9
100:10-104:18
52:15-53:25
67:2-68:2
24
25
26
Ms. Stein and Mr. Piller are expected to testify live at trial. These are AFS’s coounterdesignations to CFL’s
designations.
6
JOINT PRETRIAL ORDER
NO. 2:18-cv-00814-JLR-27
ROETZEL & ANDRESS LPA
30 N. LASALLE STREET SUITE 2800
CHICAGO, IL 60602
312.580.1200
1
2
3
Those portions of the deposition of Kristin Kubitza that AFS may offer into evidence are:
8:21-9:7
14:2-16:15
20:13-21:7
27:21-29:25
4
Those portions of the deposition of David Heim that AFS may offer into evidence are:
5
6
7
8
9
10
11
28:22-32:10
33:13-25
35:11-36:7
39:10-41:12
41:23-43:19
44:20-46:21
48:11-57:25
58:17-61:19
64:11-72:12
73:10-78:2
83:9-24
88:23-90:4
95:12-96:17
110:10-25
125:22-126:12
Those portions of the deposition of Grady Christie that AFS may offer into evidence are:
23:12-24:4
40:21-45:18
65:3-66:2
24:20-33:11
46:16-48:13
34:20-37:18
50:20-51:25
38:15-39:11
57:21-58:3
12
13
14
Those portions of the deposition of Don Orr that AFS may offer into evidence are:
52:12-22
116:4-14
58:12-60:5
120:22-121:9
86:2-16
129:5-21
87:16-25
130:3-13
15
Those portions of the deposition of Allen Parrot that AFS may offer into evidence are:
16
17
18
19
20
21
22
30:18-31:17
42:16-22
36:12-17
44:3-7
40:5-8
51:11-22
41:2-6
Those portions of the deposition of FRCP 30(b)(6) of Allen Parrot that AFS may offer
into evidence are:
42:5-15
65:8-11
43:8-44:6
70:9-71:2
44:19-45:6
76:2-77:5
51:21-52-14
140:4016
23
Those portions of the deposition of Christian Piller that AFS may offer into evidence are:
24
25
74:7-24
75:10-76:6
110:19-111:2
251:3-21
26
JOINT PRETRIAL ORDER
NO. 2:18-cv-00814-JLR-28
ROETZEL & ANDRESS LPA
30 N. LASALLE STREET SUITE 2800
CHICAGO, IL 60602
312.580.1200
1
2
3
Those portions of the deposition of Allison Stein that AFS may offer into evidence are:
26:17-18
97:1-99:21
4
5
6
48:8-12
140:18-25
VI.
77:21-33
86:5-89:16
TRIAL EXHIBITS
(a) Admissibility stipulated:
Plaintiff’s Exhibits:
7
Description
Bates No.
1
Transportation Agreement
CFL_000115
4
Re: Case 153157441 - TL Rate, 1/16/14
CFL_003232
10
8
RE: Amazon, 1/17/14
CFL_003219
11
18
RE: CENF Multiple ARNs and BOL audit, 6/23/2016 email
with MBOL audit
CFL_003645
19
FW: Amazon Tenders w/Multi ARN Numbers, 6/29/2016
email re EDI 204
AFS_CFL_00096879
20
FW: CENF Multiple ARNs and BOL audit, 6/29/2016 email
CFL_003647
21
RE: Amazon LTL Invoicing, 2/13/2016 - 6/30/2016 email
chain
AFS_CFL_00000171
26
RE: Email addresses Multiple BOLs communications were
sent to, 6/30/2016, with exhibits
CFL_027052
28
RE: Master BOL Billing, 7/8/2016 - 7/11/2016 email chain
Piller and D Orr
AFS_CFL_00000173
8
9
12
13
14
15
16
17
18
Ex. No.
51
Ramp down plan Email, 2/14/17
AFS_CFL_00095995
19
58
CENF LTL.XLSX, Carrier Pricing Schedule
AFS_CFL_00105690
20
62
RE: Fb 736367152, 12/15/2014, Harris email
CFL_030368
21
64
Re: PCO to FON 2 shipments each 10 PLTS AMZ,
11/20/2015, Harris email chain
CFL_027731
22
73
87
88
23
24
25
89
Amazon Volume.xlsx
RE: Amazon LTL Invoicing, 2/18/2016, Beavers email
FW: Amazon LTL Invoicing, 2/24/2016, Rankin email
FW: Amazon LTL Invoicing, 2/14/2016, Amaro email with
exhibits
CFL_001321
AFS_CFL_00098917
CFL_008034
CFL_008109
26
JOINT PRETRIAL ORDER
NO. 2:18-cv-00814-JLR-29
ROETZEL & ANDRESS LPA
30 N. LASALLE STREET SUITE 2800
CHICAGO, IL 60602
312.580.1200
1
2
3
4
5
90
91
92
93
102
6
7
8
156
166
13
174
14
180
0% discount audit, CENF_Final_Corrected Data.xlsx
Multiple ARN Audit (CENF only),
CENF_Invoice_Details.xlsx
Tender ID Audit, CENF_Pallets_Data_Ver2.xlsx
Amazon Carrier Manual Requirements and Expectations,
Carrier Manual v2.docx
Amazon Carrier Manual Requirements & Expectations,
Carrier Manual 2016 Final (June).docx
Bolton Rebuttal to Regan
182
CFL_027282
AFS_CFL_00099101
AFS_CFL_00098953
AFS_CFL_00097147
AFS_CFL_00099001
CFL_004629
AFS_CFL_00000351
Bolton Expert Report
9
10
11
12
15
167
Missing ARN and Duplicate BOL's, 5/3/2016 appointment
scheduler
RE: Amazon LTL Invoicing, 3/9/2016 email
Amazon LTL Invoicing Update, 4/4/2016 Beavers email
directive
CENF Multiple ARNs and BOL audit, 6/22/2016 Piller email
FW: Amazon LTL Invoicing Update, 5/10/2016 Beavers
email directive
RE: amazon.com QP's 2345812 and 2345817, 11/11/2011
TOC email
0% discount audit, CENF_Final.xlsx (missorted)
169
170
172
AFS_CFL_00001597
AFS_CFL_00001599
AFS_CFL_00001598
AFS_CFL_00000440
AFS_CFL_00000071
183
Bolton Supplemental Report (re Spot Quote Program)
16
185
Regan Rebuttal to Bolton Report
17
187
Partin Expert Report
190
Partin Declaration
191
Partin’s M&P Setoff Analysis.xlsx
192
Partin’s M&P 8 Pallet Analysis.xlsx
20
194
Amazon Master Bill May June 2016 Summary.xlsx
CFL_004171
21
196
Unpaid Invoices - Data Pull.xlsx
AFS_CFL_00107729
203
CFL’s Responses to Amazon’s 1st IROGS, RFP (11/8/2017)
18
19
22
204
CFL’s Responses to Amazon’s 2nd IROGS, RFP
23
205
CFL’s Suppl Response to Amazon’s discovery (2/15/2019)
24
206
CFL’s Responses to Amazon’s 3rd IROGS, RFP
25
207
CFL’s Responses to Amazon’s 4th RFP (3/25/2019)
208
CFL’s Answers to Amazon’s 1st RFA (9/26/2018)
26
JOINT PRETRIAL ORDER
NO. 2:18-cv-00814-JLR-30
ROETZEL & ANDRESS LPA
30 N. LASALLE STREET SUITE 2800
CHICAGO, IL 60602
312.580.1200
1
209
CFL’s Answers to Amazon’s 2nd RFA (12/19/2018)
2
210
Amazon’s Supp Responses to CFL’s 1st IROGS, RFP
211
Amazon’s Answers to CFL’s 1st RFA (11/22/2017)
3
212
Amazon’s Answers to CFL’s 2nd RFA (8/17/2018)
4
213
Amazon’s Responses to CFL’s 2nd IROGS, RFP
5
219
CENF Additional On Hold Invoices.xlxs
6
7
Defendant’s Exhibits:
23
Ex. No.
A-28
A-29
A-38
A-39
A-40
A-41
A-43
A-44
A-45
A-58
A-63
A-64
A-89
A-94
A-95
A-96
A-97
A-101
A-102
A-103
A-104
A-105
A-106
24
A-107
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
25
26
AFS_CFL_00001604
A-108
Document
FW: CENF setoff
FW: LTL Rate Update (Confidential)
RE: Payment Activity
FW: Amazon LTL Invoicing
RE: Master BOL Billing
RE: CENF Multiple ARNs and BOL audit
RE: Carrier Rate Information
Re: Invoice details correction
corrected invoices Amazon.pdf
RE: Pay date on Redirect bills
Fwd: Audit Failed Invoices Week - 27.
amazon spot quote.pdf
RE: 3.30 TL and LTL Invoice Approvals
Re: Over 90 corrected redirects
incorrect redirect resend 1-17-2017.xlsx
FW: Vendor Caused delivery delays
EDI Events.xlsx
Ankits list 11-30.xlsx
CENF_carrier.xlsx
CENF.xlsx
CENF.xlsx
CENF.xlsx
RE: Amazon
Re: [Case 161729651] [PO:8U5LMPIE] [SAT1]
TRUCK LOAD RATE PO: 8U5LMPIE ARN:
2008359231
RE: Amazon 2014 Consolidation Mira Loma and Ft
Worth Proposal
JOINT PRETRIAL ORDER
NO. 2:18-cv-00814-JLR-31
Bates No.
AFS_CFL_00001530
AFS_CFL_00001531
AFS_CFL_00096651
AFS_CFL_00097148
AFS_CFL_00097172
AFS_CFL_00097518
AFS_CFL_00098414
AFS_CFL_00098416
AFS_CFL_00098421
AFS_CFL_00101216
AFS_CFL_00101257
AFS_CFL_00101260
AFS_CFL_00107572
CFL_001235
CFL_001237
CFL_001258
CFL_001262
CFL_002984
CFL_002992
CFL_002994
CFL_002998
CFL_003000
CFL_003202
CFL_003226
CFL_003238
ROETZEL & ANDRESS LPA
30 N. LASALLE STREET SUITE 2800
CHICAGO, IL 60602
312.580.1200
1
2
3
A-109
15
A-110
A-111
A-113
A-114
A-115
A-116
A-117
A-118
A-119
A-138
A-139
A-140
A-141
A-142
A-148
A-149
A-150
A-153
16
A-154
17
A-155
4
5
6
7
8
9
10
11
12
13
14
18
19
20
21
22
23
24
25
26
A-156
A-157
A-158
A-159
A-160
A-161
A-162
A-163
A-165
A-167
Fwd: RE: [Case 161729651] [PO: 8U5LMPIE] [SAT1]
TRUCK LOAD RATE PO: 8U5LMPIE ARN: CFL_003359
2008359231
RE: Amazon LTL Invoicing
RE: Amazon LTL Invoicing
RE: Amazon LTL Invoicing
FW: New Invoicing rules
RE: linear Foot charges - demand notice
RE: Master BOL Billing
Master BOL Billing
RE: Master BOL Billing
FW: Amazon Master May June 2016
Fwd: RE: Invoice details correction
Re: Fwd: FW: Amazon LTL Invoicing Update
Re: Fwd: Fwd: Amazon LTL Invoicing Update
Inbound LTL redirect invoicing procedure
FW: Fwd: Amazon LTL Invoicing Update April 4 email
Fwd: Fwd: Amazon LTL Invoicing
Amazon
RE: Fwd: Amazon LTL Invoicing
Re: Amazon Tenders w/Multi ARN Numbers
Amazon_ProcessID_47345043_ISACon
trolNumber
000103159 Unwrap.X12
Amazon_ProcessID_47345022_ISACon
000103140 Unwrap.X12
trolNumber
Amazon_ProcessID_47192253_ISACon
trolNumber
000096520 Unwrap.X12
RE: FW: ECRDD Report Fri - 10/18
RE: CENF Duplicates
FW: EDI DD and DP Compliance
Carrier Manual 2016 Final (June).docx
FW: Amazon LTL Invoicing
Fwd: FW: FW: Amazon LTL Invoicing
RE: Amazon LTL Invoicing
Fwd: Fwd: FW: CENF Invalid Invoices 4.6 (Amazon
duplicates)
FW: CENF Invalid Invoices 8.5
JOINT PRETRIAL ORDER
NO. 2:18-cv-00814-JLR-32
CFL_003489
CFL_003492
CFL_003669
CFL_003842
CFL_003919
CFL_003963
CFL_004023
CFL_004071
CFL_004170
CFL_004826
CFL_004860
CFL_004937
CFL_005051
CFL_005053
CFL_005439
CFL_005465
CFL_005566
CFL_006454
CFL_006456
CFL_006457
CFL_006459
CFL_007306
CFL_007375
CFL_007871
CFL_007872
CFL_008075
CFL_008092
CFL_008112
CFL_008234
CFL_008241
ROETZEL & ANDRESS LPA
30 N. LASALLE STREET SUITE 2800
CHICAGO, IL 60602
312.580.1200
1
8
A-176
A-177
A-178
A-182
A-183
A-184
A-192
A-193
A-194
A-195
A-197
9
A-198
10
A-199
A-200
2
3
4
5
6
7
11
12
13
A-201
A-202
A-203
14
15
16
17
18
A-204
A-205
A-206
A-207
21
A-208
A-209
A-210
A-211
22
A-212
23
A-213
A-216
A-217
A-218
A-219
19
20
24
25
26
FW: Amazon Issues
RE: Fwd: FW: CENF Invalid Invoices 9.22 – Amazon
Cancellation Letter.doc
RE: Amazon - Weekly CENF Meeting - RECAP
FW: Amazon - CFL Contract
RE: Amazon FTW1 Proposed Lane Changes January
2016
Re: CENF PRO 716937016
PaperwiseDocument-1.tif
RE: Fb 731780516
RE: OB loads to FTW
RE: Tender Match
RE: [Case 1808114641] [Various] Volume shipments
over 8 pallets need retendered
RE: Ramp down plan
E-Mail 1.pdf
Re: Response Required: Heavy or High Volume LTL
Shipments
FW: Amazon Addendum 3 to Exhibit B.doc
Addendum 3 to Exhibit B.doc
CFL_009064
CFL_009320
CFL_009356
CFL_027036
CFL_027086
CFL_027240
CFL_030387
CFL_030399
CFL_030880
CFL_031477
CFL_051935
CFL_051982
CFL_052067
CFL_052070
CFL_052075
CFL_052200
CFL_052201
RE:
RE:
[Case
123670351]
[CENF][Confirm][OAK3][344237150] [PHX7] [CENF] CFL_052203
[OAK3] Please redirect from PHX7 to OAK3
RE: Amazon Truck Load Quote
RE: TL Quote
RE: Pacific Cycle Inc // QP 4532480 CENF PRO
732367776
RE: Fb 723405205
RE: Amazon Re-rated Bills
Re: Amazon Re-rated Bills
RE: Amazon 1280 loose pieces
FW: Pup load 3 bills same s/ same c/ same day. To AMZ.
18 plts total
RE: Amazon
CzarLite2011_ratingGuide(12015191 1).PDF
NTD manual(12015193_1).PDF
BOL and Weighing and Inspection Reports
AmazonConsigneeShipments2012-2017BLDR
Pat64.pdf
JOINT PRETRIAL ORDER
NO. 2:18-cv-00814-JLR-33
CFL_052206
CFL_052210
CFL_052215
CFL_052220
CFL_052293
CFL_052300
CFL_052348
CFL_052379
CFL_052530
CFL_000001
CFL_000014
CFL_088159
CFL_091759
ROETZEL & ANDRESS LPA
30 N. LASALLE STREET SUITE 2800
CHICAGO, IL 60602
312.580.1200
1
A-223
EDI Invoices
AFS_CFL_00001607 –
AFS CFL 00091244
A-224
EDI Invoices
AFS_CFL_00107730 –
AFS_CFL_00146626
2
3
4
5
(b) Authenticity stipulated, admissibility disputed:
6
7
8
9
Plaintiff’s Exhibits:
Ex. No.
Description
Bates No.
2
1/4/2013 Botsios email to Lau re loading pallets
CFL_004778
3
RE: Case 153157441 - TL Rate, 1/16/14
CFL_003304
10
5
RE: Case 153157441 - TL Rate, 1/16/14
CFL_003250
11
6
RE: Case 153157441 - TL Rate, with Addendum 4, 1/16/14
CFL_003243
12
9
FW: [Case 161729651] [PO: 8U5LMPIE] [SAT1] TRUCK
LOAD RATE, 2/14/14
CFL_003423
10
RE: [Case 161729651] [PO: 8U5LMPIE] [SAT1] TRUCK
LOAD RATE, 2/14/14
CFL_003351
11
Re: OAK3-CHA2 Redirect Question, 6/14/2014
CFL_003402
12
RE: Canceled: CENF Daily Peak Call, 11/12/2014 email re
Piller departure
CFL_003262
17
13
Fwd: Re: Amazon Off Manifest Bills, 11/14/2014 email with
exhibits
CFL_052328
18
14
FW: Amazon, 6/20/16, Botsios to Piller
CFL_003192
15
RE: Amazon, 6/20/16, Piller response
CFL_003209
16
RE: Amazon, 6/20/16, Botsios response
CFL_003187
17
RE: Amazon, 6/20/16, Piller response
CFL_003189
22
RE: CENF Multiple ARNs and BOL audit, 6/22/2016 6/29/2016 CFL email chain
CFL_003749
23
RE: Case 153157441 - TL Rate, 1/15/2014 - 7/18/2016 email
CFL_003893
chain Botios and Piller
24
8/10/2016 Demand Letter from Piller to CFL
25
Declaration of Tom Botsios
27
FW: Fwd: Amazon LTL Invoicing Update April 4 email,
4/4/16 - 7/6/16 email chain
13
14
15
16
19
20
21
22
23
24
25
26
JOINT PRETRIAL ORDER
NO. 2:18-cv-00814-JLR-34
AFS_CFL_00001544
CFL_008132
ROETZEL & ANDRESS LPA
30 N. LASALLE STREET SUITE 2800
CHICAGO, IL 60602
312.580.1200
1
29
Re: Master BOL Billing, 7/13/2016
CFL_004002
2
30
RE: Master BOL Billing, 7/13/2016
AFS_CFL_00097113
31
Case 153157441 - TL Rate, 1/15/14
CFL_003321
32
RE: LTL Clawback, 5/5/2016
AFS_CFL_00104853
33
RE: Amazon LTL Invoicing Update, 5/11/16
AFS_CFL_00000210
34
RE: Amazon LTL Invoicing Update, 5/11/2016 email Piller
to Beavers
AFS_CFL_00000190
35
RE: Amazon LTL Invoicing Update, 4/4/2016 - 5/11/2016
AFS_CFL_00103716
36
RE: Monthly Vendor Reports from Controllership,
5/24/2016
AFS_CFL_00104736
37
Re: LTL Analysis 6-7-16.xlsx, 6/13/2016
AFS_CFL_00097365
38
Re: 8 PALLETS/1 BILL AMAZON, 6/14/2016
CFL_003547
39
RE: Carrier Rate Information, 6/15/2016, email Piller to
Azzi and Ankush
AFS_CFL_00098810
40
RE: Carrier Rate Information, 6/15/2016 email Azzi to Piller
and Anksuh
AFS_CFL_00098824
41
RE: LTL Analysis 6-7-16.xlsx, 6/23/2016 email
AFS_CFL_00098672
14
42
RE: CENF Multiple ARNs and BOL audit, 6/23/2016 email
Piller re MBOL audit
CFL_003684
15
43
FW: Master BOL Billing, 7/8/16
AFS_CFL_00096971
44
RE: ONT8 Update, 7/15/2016, Piller email
AFS_CFL_00092682
45
CENF Settlement Letter synopsis, 11/2/2016 email Piller to
K Breedlove
AFS_CFL_00099249
46
FW: Financial Due Diligence, 11/23/16
AFS_CFL_00095566
47
Re: Amazon response, 11/23/16
AFS_CFL_00096859
48
FW: [V1824882] deprecate Central Freight (CENF),
12/19/2016 email Piller to Azzi
AFS_CFL_00097124
49
Conversation with Piller, Christian, 3/31/17
AFS_CFL_00092636
50
RE: Multiple Reports for Inbound LTL, 5/24/16
AFS_CFL_00103551
52
RE: LTL RFQ Approvals Doc, 2/14/2017
AFS_CFL_00097099
23
53
CENF setoff Email, 3/12/17
AFS_CFL_00000146
24
54
CENF payables Email, 11/29/16
AFS_CFL_00097341
55
RE: Central Freight (CENF), 3/2/17
AFS_CFL_00092658
56
RE: CENF Communication, 4/3/17
AFS_CFL_00097230
3
4
5
6
7
8
9
10
11
12
13
16
17
18
19
20
21
22
25
26
JOINT PRETRIAL ORDER
NO. 2:18-cv-00814-JLR-35
ROETZEL & ANDRESS LPA
30 N. LASALLE STREET SUITE 2800
CHICAGO, IL 60602
312.580.1200
1
57
Conversation with Moore, Becky, 3/6/18
AFS_CFL_00102431
2
60
RE: Amazon Reconsignment, 10/3/2014, Culbertson email
CFL_027748
61
RE: Fb 736367152, 12/15/2014, Heim email
CFL_030372
3
63
Re: HAY to FON AMZ 13 PLTS, 11/20/2015, Harris email
CFL_027732
4
65
Amazon Round 2 bid response, 2/24/2016 email w exhibits
CFL_027286
5
66
RE: CENF LTL/TL breakdown, 3/16/2013
AFS_CFL_00105812
68
RE: FW: Amazon Billing Change, 7/8/2016
CFL_008166
69
RE: Amazon Master Bill Program, 7/8/2016
CFL_010558
70
Fwd: RE: FW: Amazon Volume.xlsx, 9/26/2016 email with
exhibit
CFL_001344
71
Amazon Spots, 9/22/2016 email with exhibit
CFL_027789
6
7
8
9
72
FW: Master BOL Billing, 7/18/2016
AFS_CFL_00092675
10
74
Copy of CENF_Invoice_Details.xlsx
CFL_052891
11
75
Amazon invoice, Drs, WI 1
CFL_052745
12
76
Amazon invoices and DR
CFL_052782
78
Amazon invoice Drs, WI 2
CFL_052867
79
Amazon - no LOAs 1
CFL_052888
14
81
Analysis of AFS_CFL_00001597.xlsx
CFL_005615
15
82
Spot reconciliation with Amazon 1597 02 15 19.xlsx
CFL_094068
83
Declaration of Doug Culbertson
84
Second Declaration of Doug Culbertson with exhibits
85
Culbertson Pallets Analysis
CFL_096236
86
SpotQuotes_Part01.pdf – SpotQuotes_Part41.pdf,
BOL and W&I forms for 0% discount
CFL_031482 CFL_051823
94
FW: Amazon LTL Invoicing, 7/8/2016 email chain
CFL_051968
95
LTL Invoice Process Improvements.docx
AFS_CFL_00099218
96
RE: 3.30 TL and LTL Invoice Approvals, 4/9/2015 email
chain
AFS_CFL_00098531
13
16
17
18
19
20
21
22
97
Amazon LTL Invoicing, 2/13/2016 Beavers email directive
CFL_005240
23
98
RE: Master BOL - LTL Deep Dive, 2/22/2016
AFS_CFL_00103802
24
99
RE: Master BOL - LTL Deep Dive, 3/1/2016 email Azzi to
Beavers
AFS_CFL_00103619
100
RE: Amazon LTL Invoicing, 3/10/2016 email Rankin to
Beavers
CFL_005432
25
26
JOINT PRETRIAL ORDER
NO. 2:18-cv-00814-JLR-36
ROETZEL & ANDRESS LPA
30 N. LASALLE STREET SUITE 2800
CHICAGO, IL 60602
312.580.1200
1
101
RE: LTL Deep Dive, 5/5/2016 email chain
AFS_CFL_00103714
2
103
RE: Amazon LTL Invoicing Update, 5/11/2016, Beavers to
Piller
AFS_CFL_00104018
104
Re: Amazon LTL Invoicing Update, 5/12/2016, Piller to
Beavers
AFS_CFL_00103835
5
105
RE: Amazon LTL Invoicing Update, 5/12/2016, Beavers to
Piller
AFS_CFL_00096115
6
106
RE: LTL Clawback, 5/17/2016 Beavers email
AFS_CFL_00104011
107
RE: LTL Clawback, 5/18/2016 Anfinson email
AFS_CFL_00103823
108
RE: LTL Clawback, 5/19/2016 Beavers email
AFS_CFL_00104126
109
RE: LTL Analysis 6-7-16.xlsx, 6/22/2016 Beavers email
AFS_CFL_00099044
9
110
Re: [MMT-1228] Master BOL Creation, 10/6/2016 chat
AFS_CFL_00103718
10
111
RE: Question on setting off, 2/20/2017 email Beavers to
Ankush
AFS_CFL_00099666
11
112
RE: Payment Activity, 4/3/2017 email
AFS_CFL_00095449
12
113
RE: duplicate VRID, 10/13/2017 Beavers email
AFS_CFL_00092629
114
RE: multiple BOLs, 10/19/2017 email
AFS_CFL_00104322
14
115
RE: Central Freight is saying they cannot pick up more than
8 pallets?, 9/13/2016
AFS_CFL_00096263
15
116
RE: Accounts Receivable/Invoicing Contact, 7/14/2014
CFL_052223
117
Amazon LTL Invoice Auditing, 7/14/2014
CFL_052224
3
4
7
8
13
16
118
Re: Fwd: RE: Amazon Rejected Bills, 11/14/17
CFL_003294
17
119
Fwd: Amazon LTL Invoice Auditing, 7/15/14
CFL_003404
18
120
CFL#728880634, 10/29/2014 Mooney email
CFL_052307
19
121
RE: CFL#728880634, 10/29/2014 Stein email
CFL_052308
122
CENF Invalid Invoices 11.3, 11/5/2014 email with exhibit
CFL_052312
20
123
Re: CFL#728880634, 11/7/2014 Mooney email
CFL_052316
21
124
RE: CFL#728880634, 11/7/2014 Stein email
CFL_052317
22
125
Amazon Rejected Bills, 11/7/2014 Mooney email
CFL_052320
126
RE: Amazon Rejected Bills, 11/11/2014 Stein email
CFL_052325
127
Central Freight Balance email, 2/1/2017
AFS_CFL_00098880
128
RE: Re: Amazon Off Manifest Bills, 11/19/2014 Stein email
chain
CFL_052445
23
24
25
26
JOINT PRETRIAL ORDER
NO. 2:18-cv-00814-JLR-37
ROETZEL & ANDRESS LPA
30 N. LASALLE STREET SUITE 2800
CHICAGO, IL 60602
312.580.1200
1
129
RE: Re: Fwd: RE: Amazon Rejected Bills, 11/19/14 Stein
email chain
CFL_003271
130
Fwd: RE: Carrier Freight Class Questions, 4/1/2015 email
CFL_052369
131
Routing Request response from Amazon.com - CENF
{1226400661} {LTL} **Need Response**, 2/26/2013 chat
AFS_CFL_00100195
132
Conversation with Gebregiorgis, Haben, 3/1/2013 chat
AFS_CFL_00102675
133
RE: [Case 91083241] [V1261676] [PHX5], 4/2/13 TOC
communication
AFS_CFL_00105847
134
RE: Pallet upper caps for LTL, 3/29/2013 email AFS internal AFS_CFL_00105808
8
135
RE: RE: [Case 87916751] Freight Not Pickup //
ARN:1226400661, 4/5/2013 email to Lau
AFS_CFL_00106262
9
136
Re: [Case 87916751] Freight Not Pickup //
ARN:1226400661, 4/8/2013 AFS internal
AFS_CFL_00106197
137
RE: [Case 87916751] Freight Not Pickup //
ARN:1226400661, 4/11/2013 AFS internal
AFS_CFL_00106205
12
138
RE: [Case 87916751] Freight Not Pickup //
ARN:1226400661, 4/11/2013 Flannery email
AFS_CFL_00106188
13
139
RE: CENF Stacked and unstacked data, 8/10/2016 email
AFS_CFL_00000349
14
140
RE: Invoice details correction, 6/20/2016 email with
spreadsheet attachment
CFL_005025
141
Fwd: RE: Invoice details correction, 6/10/2016 Kubitza
email with exhibits
CFL_005014
142
RE: RE: Invoice details correction, 6/20/2016 email with
exhibit
CFL_004880
143
RE: Carrier Rate Information, 6/20/2016 email
AFS_CFL_00098328
144
RE: Non-discount invoices for CENF, 7/7/2016 email
AFS_CFL_00098525
145
CENF Stacked and unstacked data, 7/25/2016 email to
Khandelwal
AFS_CFL_00000352
146
RE: CENF Stacked and unstacked data, 7/28/2016 email to
Khandelwal
AFS_CFL_00095439
147
RE: CENF Stacked and unstacked data, 8/9/2016 email to
Khandelwal
AFS_CFL_00000317
148
FW: Non-discount invoices for CENF, 8/9/2016 email Azzi
to Piller
AFS_CFL_00095840
149
RE: Question on setting off, 2/18/2017 Azzi email to
Khandelwal
AFS_CFL_00095552
2
3
4
5
6
7
10
11
15
16
17
18
19
20
21
22
23
24
25
26
JOINT PRETRIAL ORDER
NO. 2:18-cv-00814-JLR-38
ROETZEL & ANDRESS LPA
30 N. LASALLE STREET SUITE 2800
CHICAGO, IL 60602
312.580.1200
1
2
150
RE: Question on setting off, 2/18/2017 Khandelwal email to
Azzi
AFS_CFL_00098683
151
RE: Question on setting off, 2/21/2017 Azzi email to Piller
AFS_CFL_00096647
3
152
RE: Setting off CENF, 3/17/17 email
AFS_CFL_00098337
4
153
RE: Setting off CENF, 3/20/2017 email
AFS_CFL_00000492
5
154
Ticket 0109030253 - Correspondence - Status Assigned Central Freight Invoices to be placed on-hold, 4/3/2017 TT
AFS_CFL_00095878
6
155
RE: V-Return Estes Invoices, 5/3/17 email re CENF
AFS_CFL_00102277
7
157
Fwd: RE: Invoice details correction, 6/10/2016 email
Kubitza to Khandelwal
AFS_CFL_00098197
158
RE: CENF Multiple ARNs and BOL audit, 7/8/2016 email
Culbertson to Militzer
CFL_004110
10
162
RE: High Volume ARN’s for possible retender, 7/8/2016
email
CFL_051971
11
163
FW: LTL Clawback, 5/16/2016 email
AFS_CFL_00104886
12
164
RE: LTL contract summary, 6/17/2016
AFS_CFL_00103753
165
RE: Payment Activity, 3/27/2017 email
CFL_002722
168
Multiple ARN audit (all LTL carriers), Clawback
Comparison.xlsx,
AFS_CFL_00000839
171
RE: LTL Clawback Initial Data, 5/20/2016
AFS_CFL_00000849
16
173
Amazon NA Vendor Shipment Manual, Oct 2015,
NA_Vendor_Prep_and_Trans_Manual.pdf
AFS_CFL_00000602
17
175
Summary CENF_.xlsx
AFS_CFL_00000353
176
Summary_CENF_BookerTable_Final.xlsx
AFS_CFL_00095440
177
PalletCount_Final.xlsx
AFS_CFL_00000319
178
RE: Inbound Transportation Update, 8/19/2016 email
Anfinson to Breedlove
AFS_CFL_00000858
179
Regan Expert Report
Regan-Dep001
184
Exhibit 3, Bolton Deposition
22
186
Polash Expert Report
23
188
Partin notes, deposition exhibit 2
189
Partin notes, deposition exhibit 3
193
Central Freight - Invoices on Hold.xlsb
AFS_CFL_00001602
195
AmazonConsigneeShipments2012-2017 Cleaned
(003)(002).xlsx
CFL_094066
8
9
13
14
15
18
19
20
21
24
25
26
JOINT PRETRIAL ORDER
NO. 2:18-cv-00814-JLR-39
ROETZEL & ANDRESS LPA
30 N. LASALLE STREET SUITE 2800
CHICAGO, IL 60602
312.580.1200
1
2
197
Fwd: Audit Failed Invoices Week – 27, 7/6/2016 email with
attachments
CFL_005057
199
Amazon’s Answer to 1st Complaint and Counterclaim
3
200
Central Freight’s Answer to Counterclaim (Dkt. #50)
4
201
Central Freight’s First Amended Complaint (Dkt. #139)
5
202
Amazon’s Answer to Amended Complaint (Dkt. #144)
214
Court Opinion on Summary Judgment
215
8/1/2019 Letter Kallish to Block
217
Analysis of AFS_CFL_00001597.xlsx by more than and less
than 9 pallet spaces
CFL_098680
218
Re: Invoice details correction, 6/22/2016 email with
attachments
CFL_004907
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Defendant’s Exhibits:
Ex. No.
A-1
A-21
A-23
A-25
A-26
A-31
A-34
A-36
A-46
A-49
A-50
A-51
A-52
A-53
A-54
A-55
A-56
A-57
A-59
A-60
A-61
Document
RE: Amazon
Carrier Invoice Manual_Inbound- TL.pdf
RE: LTL RFQ Update
RE: Amazon Master May June 2016
FW: Amazon response
Settlement Agreement
RE: Financial Due Diligence
RE: Amazon Vendor Freight Consolidation Bid
FW: Revised Golden State revenue adjustments file
Re: Audit failed invoices week 50
Ankits 12-14-16.xlsx
Fwd: Audit Failed Invoices Week - 48 CENF
Re: Audit Failed Invoices Week - 40 CENF
Ankit's list 9-30-16.xlsx
Re: Audit Failed Invoices Week - 45 CENF
Ankits list 11-2.xlsx
Re: Audit Failed Invoices Week - 37 CENF
Null - invalid tender 9-6-16.xlsx
Re: Audit Failed Invoices Week - 42 CENF
Ankits list 10-21-16.xlsx
Re: Audit Failed Invoices Week - 48 CENF
JOINT PRETRIAL ORDER
NO. 2:18-cv-00814-JLR-40
Bates No.
AFS_CFL_00000040
AFS_CFL_00000969
AFS_CFL_00001298
AFS_CFL_00001431
AFS_CFL_00001450
AFS_CFL_00096790
AFS_CFL_00095558
AFS_CFL_00095636
AFS_CFL_00099053
AFS_CFL_00101164
AFS_CFL_00101166
AFS_CFL_00101167
AFS_CFL_00101170
AFS_CFL_00101171
AFS_CFL_00101206
AFS_CFL_00101207
AFS_CFL_00101208
AFS_CFL_00101209
AFS_CFL_00101224
AFS_CFL_00101226
AFS_CFL_00101249
ROETZEL & ANDRESS LPA
30 N. LASALLE STREET SUITE 2800
CHICAGO, IL 60602
312.580.1200
1
6
A-62
A-65
A-66
A-67
A-68
A-69
A-70
A-71
Ankits list 11-30.xlsx
Ankits list 11-30-1.xlsx
Ankits list 11-30-1.xlsx
Ankits list 11-30.xlsx
Ankits list 11-30.xlsx
Re: [*SPAM*]
RE: EDI 214 map
Carrier Manual v 9.0.docx
7
A-72
RE: [Case 92222631] [PHX7] [X9716628] V8888007
Y6668281 ARN 1282395171 Amazon Vendor AFS_CFL_00106137
SUNPENTOWN INTERNATIONAL INC
2
3
4
5
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
A-73
A-87
A-88
A-90
A-91
A-92
A-93
A-98
A-99
A-100
A-112
A-120
A-121
A-122
A-123
A-124
A-125
A-126
A-127
A-128
A-129
A-130
A-131
A-132
A-133
AFS_CFL_00101251
AFS_CFL_00101268
AFS_CFL_00101269
AFS_CFL_00101289
AFS_CFL_00101290
AFS_CFL_00105834
AFS_CFL_00105959
AFS_CFL_00105963
RE: CENF LTL/TL breakdown
OCT IB ME Checklist
INBOUND_CHECKLIST_1014.xlsx
Amazon - and other things
Amazon Overcharges
CENF Claim Update
FW: ARN status
Fwd: FW: Amazon/Central Freight Demand Letter
Fwd: RE: FW: Amazon
RE: Amazon Cancellation Letter
06301601.PDF
FW: CARP Editing Phase 2 Heads Up
RE: Consolidation program
RE: Emailing: Amazon revisions 111912.pdf
FW: Emailing: Amazon revisions 111912.pdf
Amazon revisions 111912.pdf
Consolidation Pricing 062911.pdf
RE: URGENT - Pop Chips pick up
Fwd: Re: misload of po N2797781
RE: Amazon Addendum 3 to Exhibit B.doc
FW: Pop Chips pick up
RE: Pickup Notification for: AMAZON.COM 620955491 PO: R5176751
FW: Amazon 091311.pdf
Amazon 091311.pdf
Amazon Add 1.pdf
JOINT PRETRIAL ORDER
NO. 2:18-cv-00814-JLR-41
AFS_CFL_00106218
AFS_CFL_00107473
AFS_CFL_00107474
CFL_000334
CFL_000550
CFL_000653
CFL_001031
CFL_001314
CFL_001348
CFL_001555
CFL_003515
CFL_004208
CFL_004282
CFL_004318
CFL_004327
CFL_004328
CFL_004348
CFL_004400
CFL_004490
CFL_004516
CFL_004530
CFL_004532
CFL_004545
CFL_004546
CFL_004547
ROETZEL & ANDRESS LPA
30 N. LASALLE STREET SUITE 2800
CHICAGO, IL 60602
312.580.1200
1
2
3
4
5
6
7
8
9
10
11
12
13
14
A-134
A-135
A-136
A-137
A-143
A-144
A-145
A-146
A-147
A-151
A-152
A-164
A-166
A-168
A-169
A-170
A-171
A-172
A-173
16
A-174
A-175
A-179
17
A-180
18
A-181
A-185
A-186
A-187
A-188
A-189
15
19
20
21
22
23
24
25
26
A-190
A-191
A-196
A-214
RE: Amazon 091311.pdf
Consolidation
RE: Emailing: Central Freight Lines Quick Pick
Email 4.pdf
null or invalid tenders 7-5-16.xlsx
Null - invalid tender 9-6-16.xlsx
Case Id 1967295901. Invalid Tender ID.xls
RE: Amazon shipment at Poundex URGENT!!
RE: AKA Gourmet (Wine.com)
New Rules Tariff
CENF 100 Rules- Final PDF - Current 08-19-2015.pdf
Central No Tender ID.xlsx
CENF 4.6.xls
Charge code list EXT FINAL.docx
RE: Master rate file
Amazon MDW2 -Final.xlsx
Amazon FTW1 Rate Submission 02-16- 16.xlsx
Amazon SNA4 Final.xlsx
Amazon 2016 CENF Rate Submission effective 10-1315.xlsx
Audit Failed Invoices Week - 27.
CENF_20160704.xlsx
RE: 736351545 Amazon
First Pass of Power-point presentation on Truck Load
Business Development
Truck Load Business Development 3.pdf
RE: 2 bills same day same S/ Same C/ HAY to FON
Re: LVG to FRS
RE: FON to SAN
RE: F/B 562248336 Bunzl
Re: Fwd: Re: Documents needed on account
#4418729001 load 3 bills same s/ same c/ same day. To
Re: FW: Pup
CFL_004551
CFL_004559
CFL_004560
CFL_004767
CFL_005061
CFL_005073
CFL_005125
CFL_005181
CFL_005202
CFL_005606
CFL_005648
CFL_008115
CFL_008237
CFL_008244
CFL_008393
CFL_008395
CFL_008396
CFL_008397
CFL_008398
CFL_008807
CFL_008808
CFL_009371
CFL_009389
CFL_009390
CFL_027655
CFL_027656
CFL_027659
CFL_027661
CFL_027669
CFL_027718
AMZ. 18 plts total
Fwd: RE: Amazonw HU and PltSpcs 092216.xls
CFL_027747
EDI210_Invoice_Requirement - Inbound and LineHaul
CFL_051826
Carriers.xlsx
amazon spot quote rule
CFL_052725
JOINT PRETRIAL ORDER
NO. 2:18-cv-00814-JLR-42
ROETZEL & ANDRESS LPA
30 N. LASALLE STREET SUITE 2800
CHICAGO, IL 60602
312.580.1200
1
2
3
A-215
A-220
A-221
A-222
Re: Fwd: Fb's 740013842 & 737680595
Central Freight Consolidated Balance Sheets
CENF_Pallet.xlsx
9/16/19 Letter from Marc Kallish re: CFL_098680
CFL_052726
CFL_094348
AFS_CFL_00001409
4
5
6
7
(c) Authenticity and admissibility disputed:
Plaintiff’s Exhibits:
77
80
159
160
Description
FW: FW: Case 153157441 - TL Rate, 9/11/2016 email chain
Exhibit 11, Culbertson Deposition
RE: Amazon Multiple ARNs and BOL audit, 7/8/2016 email
chain
Amazon Litigation Supporting Docs 11.27.18
doc26868720181127150607.pdf
Amazon Aging Report (10-30-2017) (1).xlsx
arp_Amazon_(9-26-2018)_Final_L Westerfeld.xls
161
CFL Open A/R Invoices
16
181
198
Excerpt of T Botsios Deposition (Regan Dep Exhibit 5)
5 EDI Invoices
17
216
Roetzel & Andress, LPA invoices (redacted)
8
9
10
11
12
13
14
15
Ex. No.
7
59
67
Bates No.
CFL_001182
CFL_003992
CFL_052818
CFL_052892
CFL_094418
CFL_052072
CFL_052907 77779
18
19
20
21
22
23
24
25
26
Defendant’s Exhibits:
Ex. No.
A-2
A-3
A-4
A-5
A-6
A-7
A-8
A-9
Document
Audit Failed Invoices Week - 42 CENF
CENF.xlsx
Audit Failed Invoices Week - 37 CENF
CENF.xlsx
Audit Failed Invoices Week - 45 CENF
CENF_carrier.xlsx
Audit Failed Invoices Week - 40 CENF
CENF Carrrier.xlsx
JOINT PRETRIAL ORDER
NO. 2:18-cv-00814-JLR-43
Bates No.
AFS_CFL_00000257
AFS_CFL_00000258
AFS_CFL_00000262
AFS_CFL_00000263
AFS_CFL_00000270
AFS_CFL_00000271
AFS_CFL_00000272
AFS_CFL_00000273
ROETZEL & ANDRESS LPA
30 N. LASALLE STREET SUITE 2800
CHICAGO, IL 60602
312.580.1200
1
12
A-10
A-11
A-12
A-13
A-14
A-15
A-16
A-17
A-18
A-19
A-20
A-22
A-24
A-27
A-30
A-32
A-33
13
A-35
14
A-37
A-42
A-47
A-48
A-74
A-75
A-76
A-77
A-78
A-79
A-80
A-81
A-82
A-83
A-84
A-85
A-86
2
3
4
5
6
7
8
9
10
11
15
16
17
18
19
20
21
22
23
24
25
Audit Failed Invoices Week - 45 CENF
CENF_.xlsx
Audit failed invoices week 50
CENF.xlsx
Audit failed 05/05/2017
CENF.xlsx
RE: CENF Stacked and unstacked data
Multiple ARNS_Master.xlsx
RE: Fwd: FW: Case Id 1967295901. Invalid Tender
ID.xls
RE: Carrier Onboarding
LTL_INVOICING_1PGR_FINAL.docx
IB-rate.xlsx
CENF_One_Pager.docx
CENF Settlement Letter FINAL.pdf
Central Freight - Payments in 2017.xlsb
Carrier_Guidelines_Accessorials.docx
Carrier Invoice Manual_Inbound TL - 2015.docx
CENTRALFREIGHTL__375360_1611
23
093035255.pdf
Central Freight.xlsx
Microsoft_PowerPoint_Slide1.sldx
Golden State Shipments.xls
TL_Invoicing_Peak_2015_Draft_1.docx
Carrier Manual v8.docx
9.8 LTL Invoice Approvals
9.8 LTL Invoice Analysis.xlsx
5.8 TL and LTL Invoice Approvals
Outstanding Invoices 5.5.xlsx
FW: 4.14 TL and LTL Invoice Approvals
CENF8plus.csv
CENF_all.csv
CENFTheyPay.csv
AFS Calculation-Data Pull.xlsx
TIPS DATA 2153 (Based on F_ID).xlsx
TIPS DATA.XLSX
invoice_dump_tips.csv
AFS_CFL_00000281
AFS_CFL_00000282
AFS_CFL_00000290
AFS_CFL_00000291
AFS_CFL_00000304
AFS_CFL_00000305
AFS_CFL_00000341
AFS_CFL_00000343
AFS_CFL_00000371
AFS_CFL_00000437
AFS_CFL_00000967
AFS_CFL_00000989
AFS_CFL_00001390
AFS_CFL_00001455
AFS_CFL_00001603
AFS_CFL_00095518
AFS_CFL_00095522
AFS_CFL_00095568
AFS_CFL_00096635
AFS_CFL_00097729
AFS_CFL_00099056
AFS_CFL_00100161
AFS_CFL_00106270
AFS_CFL_00106353
AFS_CFL_00106354
AFS_CFL_00106374
AFS_CFL_00106375
AFS_CFL_00106448
AFS_CFL_00106512
AFS_CFL_00106513
AFS_CFL_00106514
AFS_CFL_00106515
AFS_CFL_00106516
AFS_CFL_00106517
AFS_CFL_00106518
26
JOINT PRETRIAL ORDER
NO. 2:18-cv-00814-JLR-44
ROETZEL & ANDRESS LPA
30 N. LASALLE STREET SUITE 2800
CHICAGO, IL 60602
312.580.1200
]]>
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