Hester v. Vision Airlines, Inc.
Plaintiff: Gerald Hester
Defendant: Vision Airlines, Inc.
Case Number: 2:2009cv00117
Filed: January 16, 2009
Court: US District Court for the District of Nevada
Office: Las Vegas Office
County: Clark
Presiding Judge:
Presiding Judge: Roger L. Hunt
Presiding Judge: Robert J. Johnston
Nature of Suit: Contract: Other
Cause of Action: 28:1332 Diversity-Other Contract
Jury Demanded By: Defendant

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
September 22, 2017 Opinion or Order Filing 401 ORDER granting 400 Motion for Approval of Pro Rata Distribution of Unclaimed Funds. Signed by Chief Judge Gloria M. Navarro on 9/22/2017. (Copies have been distributed pursuant to the NEF - JM)
July 17, 2014 Opinion or Order Filing 395 ORDER Granting 390 Motion For Final Approval of the Settlement Agreement. Signed by Judge Philip M. Pro on 7/17/2014. (Copies have been distributed pursuant to the NEF - SLR)
April 7, 2014 Opinion or Order Filing 388 ORDER Granting 387 Motion for Preliminary Approval of the Settlement Agreement. Signed by Judge Roger L. Hunt on 4/7/2014. (Copies have been distributed pursuant to the NEF - SLR)
February 20, 2014 Opinion or Order Filing 379 ORDER Denying 370 Motion to Add Bank of Nevada as a Party. Signed by Magistrate Judge Nancy J. Koppe on 2/20/2014. (Copies have been distributed pursuant to the NEF - SLR)
January 30, 2014 Opinion or Order Filing 362 ORDER Denying without prejudice 358 Motion for Sanctions re Discovery. Motions due by 2/4/2014. Responses due by 2/7/2014. Replies due by 2/10/2014. Signed by Magistrate Judge Nancy J. Koppe on 1/30/2014. (Copies have been distributed pursuant to the NEF - SLR)
January 6, 2014 Opinion or Order Filing 356 ORDER Granting 354 Motion to Compel In Aid of Execution of Judgment Discovery. Responses due by 1/20/2014. Signed by Magistrate Judge Nancy J. Koppe on 1/6/2014. (Copies have been distributed pursuant to the NEF - SLR)
October 23, 2013 Opinion or Order Filing 350 ORDER Granting 347 the Class' Motion for Attorney Fees. Class Counsel is awarded $543,375.30 in attorneys fees and $107,238.80 in costs from the gross common fund. Signed by Judge Roger L. Hunt on 10/23/2013. (Copies have been distributed pursuant to the NEF - AC)
September 6, 2013 Opinion or Order Filing 344 ORDER Granting 341 Plaintiffs' Motion for Entry of Judgment. The Clerk of the Court is directed to enter judgment in favor of the Plaintiffs and against Defendant in the amount of $1,811,251.00. IT IS FURTHER ORDERED that Plaintiffs shall have 30 days from the entry of judgment to file a motion for attorneys fees. Signed by Judge Roger L. Hunt on 09/05/2013. (Copies have been distributed pursuant to the NEF - AC)
July 12, 2013 Opinion or Order Filing 339 ORDER that Vision shall remit a monetary sanction in the amount of $10,000.00 to the Clerk of the Court no later than September 1, 2013. Signed by Judge Roger L. Hunt on 7/12/13. (Copies have been distributed pursuant to the NEF - EDS)
July 10, 2013 Opinion or Order Filing 338 ORDER Granting 325 Plaintiff's Motion for Final Approval. Mr. Hester, class representative, is awarded $15,000.00 from the gross common fund. Class Counsel is awarded $1,587,472.35 in attorneys fees and $398,862.92 in costs from the gross common fund. The remaining net proceeds of the common fund may be distributed according to the allocation plan previously approved by this Court. Signed by Judge Roger L. Hunt on 07/10/2013. (Copies have been distributed pursuant to the NEF - AC)
June 10, 2013 Opinion or Order Filing 334 ORDER Granting 333 Plaintiff's Motion to Seal Supplement in Support of 314 Second Motion for Sanctions. Signed by Judge Roger L. Hunt on 06/10/2013. (Copies have been distributed pursuant to the NEF - AC)
March 12, 2013 Opinion or Order Filing 324 ORDER Granting 314 Plaintiff's Second Expedited Motion for Sanctions. IT IS FURTHER ORDERED that Defendant Vision appear and SHOW CAUSE why sanction should not be issued in favor of the Court for Vision's actions described in order. Show Cause Hearing set for 4/11/2013 10:00 AM in LV Courtroom 6C before Judge Roger L. Hunt. Signed by Judge Roger L. Hunt on 03/11/2013. (Copies have been distributed pursuant to the NEF - AC)
February 5, 2013 Opinion or Order Filing 317 ORDER Denying 312 Plaintiff's Motion to Compel without prejudice and Denying 313 Plaintiff's Motion to Seal as Moot. Signed by Magistrate Judge Nancy J. Koppe on 02/05/2013. (Copies have been distributed pursuant to the NEF - AC)
December 19, 2012 Opinion or Order Filing 306 ORDER Granting 303 Class' Motion for Approval of its Proposed Notice and Plan of Allocation to Class Members. Signed by Judge Roger L. Hunt on 12/19/2012. (Copies have been distributed pursuant to the NEF - EDS)
October 15, 2012 Opinion or Order Filing 299 ORDER Granting 298 Motion to Withdraw as Attorney. Harold P Gewerter withdrawn from the case as to Defendant Vision Airlines, Inc. Mr. Gerwerter shall file with the Court a certification that he has notified Defendants of his Motion to Withdraw a nd this Courts decision granting the Motion. IT IS FURTHER ORDERED that the Clerk of Court shall serve a copy of this Order on Vision Airlines. Defendant Vision Airlines shall have thirty (30) days to retain local counsel. Signed by Judge Roger L. Hunt on 10/15/2012. (Copies have been distributed pursuant to the NEF - SLD)
April 21, 2011 Opinion or Order Filing 291 ORDER Granting 285 Motion to Stay re 264 Judgment. Signed by Chief Judge Roger L. Hunt on 4/21/2011. (Copies have been distributed pursuant to the NEF - SLR)
March 14, 2011 Opinion or Order Filing 273 ORDER that Defendant Vision Airlines Motion to Stay Execution of Judgment 253 is denied as moot. Signed by Chief Judge Roger L. Hunt on 3/14/11. (Copies have been distributed pursuant to the NEF - ECS)
March 9, 2011 Opinion or Order Filing 271 ORDERED that Vision's Motion to Set Aside Default Judgment (##252, 265) has no merit and is DENIED. Signed by Chief Judge Roger L. Hunt on 3/9/11. (Copies have been distributed pursuant to the NEF - MMM)
February 22, 2011 Opinion or Order Filing 264 FINAL JUDGMENT ON A JURY VERDICT. ORDERED that the Plaintiff Gerald Hester and those similarly situated recover from the Defendant Vision Airlines, Inc. the amount of $4,509,268.00, with prejudgment interest in the amount of $746,231.91, an d taxed costs in the amount of $14,730.15, for a total sum of $5,270,230.06, with post-judgment interest thereon at the applicable rate, to run from January 26, 2011. The Court hereby vacates its prior judgment [D.E. 250]. The Court reserve s jurisdiction with regard to the Class' Motion for Payment of Attorneys' Fees and Expenses for Vision Airlines, Inc.'s Sanctioned Conduct for Violating the Court's Discover Orders [D.E. 256], and Motion for Attorneys' Fees [D.E. 257]. Signed by Chief Judge Roger L. Hunt on 2/22/11. (Copies have been distributed pursuant to the NEF - MMM)
February 2, 2011 Opinion or Order Filing 254 ORDER GRANTING in part and DENYING in part Plaintiff's 237 Bill of Costs. The Objections 224 and 245 will be sustained in part and overruled in part. Taxation of Costs is awarded in the total amount of $14,730.15. See Order for details. Signed by Chief Judge Roger L. Hunt on 1/31/11. (Copies have been distributed pursuant to the NEF - ECS)
January 26, 2011 Opinion or Order Filing 250 JUDGMENT ON A JURY VERDICT in favor of Gerald Hester against Vision Airlines, Inc. The amount of $4,509,268.00, with prejudgment interest in the amount of $746,231.91, for a total sum of $5,255,499.91, with post-judgment interest thereon at the applicable rate. Signed by Chief Judge Roger L. Hunt on 1/26/11. (Copies have been distributed pursuant to the NEF - ECS)
November 3, 2010 Opinion or Order Filing 196 ORDER granting 180 Motion for Sanctions re Discovery. The Clerk of the Court is instructed to STRIKE Visions Answer 47 and enter a default against Vision. Signed by Chief Judge Roger L. Hunt on 11/3/2010. (Copies have been distributed pursuant to the NEF - SD)
October 13, 2010 Opinion or Order Filing 183 ORDER granting in part and denying in part 132 Motion to Compel. IT IS FURTHER ORDERED that Defendant Vision Airlines, Inc.s Motion to Compel 132 is GRANTED as to Interrogatory No. 1. Further, response to Interrogatory No. 1 is due on or bef ore October 14, 2010. IT IS FURTHER ORDERED that Defendant Vision Airlines, Inc.s Motion to Compel 132 is DENIED as to Interrogatory No. 2. Signed by Magistrate Judge Robert J. Johnston on 10/13/2010. (Copies have been distributed pursuant to the NEF - SD)
October 8, 2010 Opinion or Order Filing 182 ORDER Setting Deadlines re: 180 MOTION for Sanctions and Scheduling Order to Show Cause Hearing. Responses due by 10/14/2010. Replies due by 10/20/2010. Show Cause Hearing set for 10/21/2010 03:30 PM in LV Courtroom 6C before Chief Judge Roger L. Hunt. Signed by Chief Judge Roger L. Hunt on 10/8/10. (Copies have been distributed pursuant to the NEF - ASB)
September 21, 2010 Opinion or Order Filing 172 ORDER that Magistrate Judge Johnstons Order 152 is AFFIRMED, Visions Objections 158 are overruled, and Hesters Motion to Compel 93 is GRANTED. Signed by Chief Judge Roger L. Hunt on 9/21/2010. (Copies have been distributed pursuant to the NEF - SD)
September 16, 2010 Opinion or Order Filing 163 ORDER granting 136 Motion to Seal Exhibit 25. Signed by Chief Judge Roger L. Hunt on 9/16/2010. (Copies have been distributed pursuant to the NEF - SD)
September 15, 2010 Opinion or Order Filing 159 ORDER Granting/Denying 135 Class Motion for Summary Judgment.; Granting/Denying 137 Visions Motion for Summary Judgment.; Granting 138 Hesters Motion for Summary Judgment on Vision Airline, Inc.s Amended Counterclaims. Signed by Chief Judge Roger L. Hunt on 9/15/2010. (Copies have been distributed pursuant to the NEF - SD)
April 30, 2010 Opinion or Order Filing 119 ORDER denying 90 Motion to Dismiss Amended Counterclaims. Signed by Chief Judge Roger L. Hunt on 4/30/2010. (Copies have been distributed pursuant to the NEF - SD)
December 16, 2009 Opinion or Order Filing 86 ORDER Granting 63 Motion to Certify Class. Plaintiff's counsel appointed under Rule 23(g). Granting 65 Motion to Dismiss Counterclaims. Counterclaims are dismissed without prejudice. Status Conference set for 1/22/2010 10:00 AM in LV Courtroom 6C before Chief Judge Roger L. Hunt. Signed by Chief Judge Roger L. Hunt on 12/15/09. (Copies have been distributed pursuant to the NEF - AXM)
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Plaintiff: Gerald Hester
Represented By: Brett von Borke
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Defendant: Vision Airlines, Inc.
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