Menlo Logistics, Inc. v. Western Express, Inc.

MEMORANDUM ***

Plaintiff-Appellee Menlo Logistics, Inc. (“Menlo”) sued Defendant-Appellant Western Express, Inc. (“Western”) after a shipment of Hewlett-Packard (“HP”) products that Menlo had arranged for Western to transport was stolen while in Western’s possession. At trial, Menlo argued that Western breached the parties’ agreements by failing to deliver the goods to HP or by failing to obtain the required insurance. A jury awarded Menlo $836,932.02, the amount Menlo had paid to HP for the lost goods. Western appeals various rulings the magistrate judge made before and during trial, and also contends that one aspect of the jury’s verdict was unsupported by evidence and that the jury verdict form was confusing. We address each of Western’s claims in turn, and we affirm.

A. Rulings relating to the 1999 Master Agreement

The record contains two agreements that Menlo and Western appear to have entered: (1) the Master Broker/Motor Carrier Agreement, effective April 16, 1999 (“1999 Agreement”), and (2) the HP Addendum to Master Broker/Motor Carrier Agreement. Western challenges the magistrate judge’s conclusion, on summary judgment, that the 1999 Agreement was authenticated. We…