Free Response - District Court of Colorado - Colorado

Case 1:01-cv-02056-JLK

Document 211-2

Filed 06/28/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No.

01-cv-2056-JLK

UNITED STATES AVIATION UNDERWRITERS, INC., a New York corporation; PAUL LEADABRAND, an Idaho resident; and JEFLYN AVIATION, INC. dba 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.

JUDGMENT

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USAU v. Pilatus

Judgment (revised)
Access Air 0NR/PO/WO Lg24186/20070628

Case 1:01-cv-02056-JLK

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This matter was tried from June 11, 2007 through June 21, 2007, before a duly empanelled jury of twelve, Senior District Judge John L. Kane presiding. During the trial, the parties stipulated that the total amount of damages recoverable by plaintiffs, if any, was $3,103,023.35. Pursuant to the jury's verdict (Doc. 405), it is:

1. ORDERED that judgment is entered in favor of plaintiffs United States Aviation Underwriters, Inc., Paul Leadabrand, and Jeflyn Aviation, Inc. dba Access Air in the amount of $930,907.01, plus $543,927.08 in prejudgment interest at the statutory rate of 8% compounded annually from July 8, 2001 to June 29, 2007, for the total amount of $1,474,834.09 against defendant Pratt & Whitney Canada, Inc., and it is

2. ORDERED that judgment is entered in favor of plaintiffs United States Aviation Underwriters, Inc., Paul Leadabrand, and Jeflyn Aviation, Inc. dba Access Air in the amount of $589,574.44, plus $344,505.13 in prejudgment interest at the statutory rate of 8% compounded annually from July 8, 2001 to June 26, 2007, for the total amount of $934,079.57 against defendants Pilatus Business Aircraft, Ltd., Pilatus

Flugzeugwerke Aktiengesellschaft, and Pilatus Aircraft, Ltd., and it is

3. FURTHER ORDERED that pursuant to 28 U.S.C. § 1961, post-judgment interest shall accrue at the legal rate of 4.98% per annum from the date of entry of judgment until paid, and it is

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4. FURTHER ORDERED that pursuant to Fed.R.Civ.P. 54(d)(1), plaintiffs United States Aviation Underwriters, Inc., Paul Leadabrand, and Jeflyn Aviation, Inc. dba Access Air shall have their costs by the filing of a Bill of Costs with the Clerk of this Court within ten days of entry of judgment.

Dated this

day of June, 2007. BY THE COURT:

Hon. John L. Kane Senior U.S. District Judge

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Filed 06/28/2007

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CERTIFICATE OF SERVICE U.S. Aviation Underwriters et al. v. Pilatus Business Aircraft etc. et al. D.Colorado Case No. 01-K-2056 [XXXXX] I hereby certify that on June 28, 2007 , I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: For Defendant Pratt & Whitney Thomas J. Byrne, Esq. Byrne, Kiely & White 1120 Lincoln Street, Suite 1300 Denver, CO 80203 Tel. (303) 861-5511 Fax (303) 861-0304 Email: [email protected] [email protected]

For Pilatus Defendants Robert B. Schultz, Esq. Law Offices of Robert B. Schultz 9710 W. 82nd Avenue Arvada, CO 80005 Tel. (303)456-5565 Fax (303)456-5575 Email: [email protected]

[

]

I hereby certify that on , I have mailed or served the document or paper to the following non CM/ECF participants in the manner (mail, hand delivery, etc.) indicated by the non-participant's name: s/ Jeffrey J. Williams Jeffrey J. Williams, Esq. LAW OFFICES OF JON A. KODANI Attorneys for Plaintiffs United States Aviation Underwriters, Inc. et al. 2200 Michigan Avenue Santa Monica, CA 90404-3906 Tel: (310) 453-6762 Fax: (310) 829-3340 Email: [email protected]

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