Capital Logistics, LLC v. Gray Transportation, Inc.

Justia Dockets & Filings Second Circuit New York Southern District Capital Logistics, LLC v. Gray Transportation, Inc.

Capital Logistics, LLC v. Gray Transportation, Inc.

Plaintiff:	Capital Logistics, LLC
Defendant:	Gray Transportation, Inc.
Case Number:	1:2016cv08594
Filed:	November 4, 2016
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	New York
Presiding Judge:	Katherine B. Forrest
Nature of Suit:	Commercial/ICC Rates/etc.
Cause of Action:	49 U.S.C. § 14706
Jury Demanded By:	None

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Date Filed	Document Text
October 23, 2017	Filing 39 OPINION AND ORDER. This is not a big case. Indeed, it is a case where only a modest loss is at issue. Nevertheless, on the facts that have been developed in the record, the Court determines that there are triable issues as to whether the strawberries were in good condition at the time of delivery to the carrier, and whether the carrier has an "act of shipper" defense. To finally resolve this case the parties have two choices: (1) consent to a trial on the papers that would allow the Co urt to weigh the evidence, or (2) a bench trial. A bench trial has been set for December 12, 2017, and if the case is to be tried live, it shall be tried then. The parties shall confer on the format of the disposition (on the papers, or a live trial) , and, not later than November 3, 2017, notify this Court in writing of their position(s). SO ORDERED. re: 23 CROSS MOTION for Summary Judgment of Plaintiff filed by Capital Logistics, LLC, 27 MOTION for Summary Judgment Rule 56.1 Statement of Facts filed by Gray Transportation, Inc. (Signed by Judge Katherine B. Forrest on 11/23/2017) (rjm)

Date Filed

Document Text

October 23, 2017

Filing 39 OPINION AND ORDER. This is not a big case. Indeed, it is a case where only a modest loss is at issue. Nevertheless, on the facts that have been developed in the record, the Court determines that there are triable issues as to whether the strawberries were in good condition at the time of delivery to the carrier, and whether the carrier has an "act of shipper" defense. To finally resolve this case the parties have two choices: (1) consent to a trial on the papers that would allow the Co urt to weigh the evidence, or (2) a bench trial. A bench trial has been set for December 12, 2017, and if the case is to be tried live, it shall be tried then. The parties shall confer on the format of the disposition (on the papers, or a live trial) , and, not later than November 3, 2017, notify this Court in writing of their position(s). SO ORDERED. re: 23 CROSS MOTION for Summary Judgment of Plaintiff filed by Capital Logistics, LLC, 27 MOTION for Summary Judgment Rule 56.1 Statement of Facts filed by Gray Transportation, Inc. (Signed by Judge Katherine B. Forrest on 11/23/2017) (rjm)

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Plaintiff: Capital Logistics, LLC
Represented By:	George Carl Pezold
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Defendant: Gray Transportation, Inc.
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