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GREAT NORTHERN INSURANCE COMPANY v. NGL WAREHOUSE, LLC, 14-cv-03233-PAB-NYW. (2017)

Court: District Court, D. Colorado Number: infdco20170119916 Visitors: 18
Filed: Jan. 18, 2017
Latest Update: Jan. 18, 2017
Summary: ORDER PHILIP A. BRIMMER , District Judge . This matter comes before the Court on Plaintiffs' Motion in Limine to Exclude Argument by NGL Warehouse, LLC Regarding the Reasonableness of the Settlement Amount Paid by Plaintiffs in the Underlying Texas Litigation [Docket No. 181]. In their reply brief, plaintiffs acknowledge that they must prove "that Unique was potentially liable and that the $5M settlement amount was reasonably related to that exposure." Docket No. 218 at 4. Consistent with
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ORDER

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

ORDERED that Plaintiffs' Motion in Limine to Exclude Argument by NGL Warehouse, LLC Regarding the Reasonableness of the Settlement Amount Paid by Plaintiffs in the Underlying Texas Litigation [Docket No. 181] is granted.

Source:  Leagle

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