Free Motion in Limine - District Court of Colorado - Colorado

Case 1:01-cv-02056-JLK

Document 111

Filed 01/05/2007

Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 01-K-2056

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.

MOTION IN LIMINE BY PILATUS DEFENDANTS RE PILATUS PARTIES

Defendants Pilatus Business Aircraft, Ltd, Pilatus Flugzeugwerke Aktiengesellschaft and Pilatus Aircraft, Ltd (collectively "Pilatus") hereby move the court for an order treating all Pilatus defendants as one for all purposes and referring them collectively as "Pilatus." This motion is made on the grounds that Pilatus Flugzeugwerke Aktiengesellschaft and Pilatus Aircraft, Ltd are in fact a single corporation with two names and Pilatus Pusiness Aircraft, Ltd is a wholly owned subsidiary for which no independent claim of liability has been alleged. This motion shall be supported by the attached Memorandum, and documents.

MOTION IN LIMINE BY PILATUS DEFENDANTS RE PILATUS PARTIES

Case 1:01-cv-02056-JLK

Document 111

Filed 01/05/2007

Page 2 of 5

CERTIFICATE OF COMPLIANCE Defendants' attorneys advised Plaintiffs' attorneys in accordance with D.C.COLO.LCivR 7.1A and Plaintiffs did not respond. DATED this 5th day of January 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

MOTION IN LIMINE BY PILATUS DEFENDANTS RE PILATUS PARTIES

Case 1:01-cv-02056-JLK

Document 111

Filed 01/05/2007

Page 3 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 01-K-2056

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.

PILATUS DEFENDANTS' MEMORANDUM IN SUPPORT OF MOTION IN LIMINE BY PILATUS DEFENDANTS RE PILATUS PARTIES

Originally three Pilatus defendants were named, Defendants Pilatus Business Aircraft, Ltd, Pilatus Flugzeugwerke Aktiengesellschaft and Pilatus Aircraft, Ltd. (Pilatus) in the complaint. In the pre-trial orders Pilatus Flugzeugwerke Aktiengesellschaft and Pilatus Aircraft, Ltd. are now treated as a single defendant since they are merely two different names for the same Swiss entity. However, plaintiffs still insist on treating Pilatus Business Aircraft, Ltd, a wholly owned Colorado subsidiary as a separate entity even though they do not allege any independent liability. Indeed, in their proposed special verdict forms, they have listed separate line items for Pilatus Business Aircraft even though they do not allege separate liability.

MOTION IN LIMINE BY PILATUS DEFENDANTS RE PILATUS PARTIES

Case 1:01-cv-02056-JLK

Document 111

Filed 01/05/2007

Page 4 of 5

Pilatus does not dispute that Pilatus Business Aircraft is legally considered a manufacturer under Colorado law. But the purpose of that law is to provide a defendant in a product liability case where the court may not have jurisdiction over the actual manufacturer. That is not an issue here since the actual manufacturer, Pilatus Aircraft, voluntarily submitted to jurisdiction. But having separate line items on the special verdict form and referring to the Swiss and Colorado entities separately would likely cause jury confusion over how to allocate liability. Accordingly, Pilatus requests an order treating all Pilatus defendants as one for all purposes and referring them collectively as "Pilatus." DATED this 5th day of January 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

MOTION IN LIMINE BY PILATUS DEFENDANTS RE PILATUS PARTIES

Case 1:01-cv-02056-JLK

Document 111

Filed 01/05/2007

Page 5 of 5

CERTIFICATE OF SERVICE I hereby certify that on this 5th day of January 2007, I caused the forgoing MOTION IN LIMINE BY PILATUS DEFENDANTS RE PILATUS PARTIES 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__________ Law Offices of Robert B. Schultz [email protected]

MOTION IN LIMINE BY PILATUS DEFENDANTS RE PILATUS PARTIES