Free Motion to Stay - District Court of Colorado - Colorado

Case 1:01-cv-02056-JLK

Document 225

Filed 07/18/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge John L. Kane

Civil Action No. 01-cv-2056-JLK-MJW UNITED STATES AVIATION UNDERWRITERS, INC., a New York corporation; PAUL LEADABRAND, an Idaho resident; and JEFLYN AVIATION, INC. d/b/a ACCESS AIR, an Idaho corporation, Plaintiffs, vs. PILATUS BUSINESS AIRCRAFT, LTD., a Colorado corporation; PILATUS FLUGZEUGWERKE AKTIENGESELLSCHAFT, a Swiss corporation; PILATUS AIRCRAFT, LTD., a Swiss corporation; PRATT & WHITNEY CANADA, INC., a Canadian corporation; and DOES 1 through 500, Inclusive, Defendants.

UNOPPOSED PILATUS DEFENDANTS' MOTION TO STAY PROCEEDINGS PENDING MOTIONS FOR NEW TRIAL AND FOR JUDGMENT AS A MATTER OF LAW

Defendants Pilatus Business Aircraft, Ltd, Pilatus Flugzeugwerke Aktiengesellschaft and Pilatus Aircraft, Ltd (collectively "Pilatus")), by their attorneys, respectfully move the Court for, and Plaintiffs agree not to oppose, an order pursuant to Fed.R.Civ.P. 62(b) staying execution or proceedings to enforce judgment and as grounds state as follows: 1. Judgment was entered in this case in favor of Plaintiffs United States Aviation

Underwriters, Inc. and Paul Leadabrand against the Pilatus Defendants on June 29, 2007 (Doc 212).

Case 1:01-cv-02056-JLK

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Filed 07/18/2007

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2.

The Pilatus Defendants filed a Motion for Joinder of Motions by Defendant Pratt

and Whitney Canada, Inc. for Judgment as a Matter of Law and for New Trial (Doc 215) pursuant to Rules 50 and 59 of the Federal Rules of Civil Procedure on July 16, 2007. The Pilatus Defendants filed their motion in good faith with the belief that they have meritorious defenses to the judgment entered and grounds for judgment in their favor as a matter of law or a new trial. 3. Fed.R.Civ.P. 62(b) specifies that the Court may stay the execution of or any

proceedings to enforce a judgment in its discretion and on such conditions for the security of the adverse party as are proper, pending the disposition of Rule 50 and 59 motions. 4. Plaintiffs' are assured adequate security pending the disposition of Rule 50 and 59

motions in that the Pilatus Defendants are fully insured far in excess of the amount of the judgment and Defendant Pilatus Business Aircraft, Ltd. is a Colorado corporation with local assets far in excess of the amount of the judgment. 5. Plaintiffs agreed not to oppose this motion.

WHEREFORE the Pilatus Defendants respectfully request that the Court stay the execution of or proceedings to enforce the judgment with no further conditions or security. DATED this 18th day of July 2007. By__/s Robert Schultz_______________________ Robert Schultz Schultz & Associates 9710 W. 82nd Ave. Arvada, CO 80005 Tel (303) 456-5565 Fax (303) 456-5575 E-mail [email protected] Attorney For Defendants Pilatus Business Aircraft, Ltd And Pilatus Flugzeugwerke Aktiengesellschaft/ Pilatus Aircraft, Ltd

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Case 1:01-cv-02056-JLK

Document 225

Filed 07/18/2007

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CERTIFICATE OF SERVICE
I hereby certify that on this 18th day of July 2007, I caused the forgoing UNOPPOSED PILATUS DEFENDANTS' MOTION TO STAY PROCEEDINGS PENDING MOTIONS FOR NEW TRIAL AND FOR JUDGMENT AS A MATTER OF LAW to be served by electronically filing the foregoing with the Clerk of the Court using the CM/ECF system, which will send notification of such filing to the following addresses:

Jon A. Kodani Jeff Williams Law Offices of Jon A. Kodani [email protected] Thomas Byrne Byrne, Kiely & White LLP [email protected]

__s/ Robert Schultz__________ Schultz and Associates [email protected]

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