Delta Pegasus Management et al v. NetJets Sales et al
| Delta Pegasus Management and Michael L. Labertew |
| NetJets Sales, NetJets Services and NetJets Aviation |
| 2:2022cv03519 |
| September 29, 2022 |
| US District Court for the Southern District of Ohio |
| Columbus Office |
| Chelsey M Vascura |
| Michael H Watson |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 9, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 56
Case transferred in from District of Utah; Case Number 2:21-cv-00393. Original file electronic copy of transfer order and docket sheet received.
|
|
Judge Michael H. Watson and Magistrate Judge Chelsey M. Vascura added. Motions referred to Chelsey M. Vascura. (er)
|
|
Filing 55
MEMORANDUM DECISION AND ORDER granting #42 Motion to Change Venue: case is hereby transferred to the USDC for the Southern District of Ohio. #41 Motion remains pending for resolution by the transferee court. Signed by Judge Robert J. Shelby on 9/28/22 (alt) [Transferred from Utah on 9/29/2022.]
|
|
Filing 54
MEMORANDUM DECISION AND ORDER granting #42 Defendants' Renewed Motion to Transfer Venue: The case is hereby TRANSFERRED to the United States District Court for the Southern District of Ohio. This court therefore lacks jurisdiction to consider NetJets' Motion to Dismiss. That Motion remains pending for resolution by the transferee court. Signed by Judge Robert J. Shelby on 9/28/22. (dla) [Transferred from Utah on 9/29/2022.]
|
|
Filing 53
Minute Entry for ZOOM proceedings held before Judge Robert J. Shelby: ZOOM Motion Hearing held on 6/2/2022, re: #41 Defendant's Motion to Dismiss Amended Complaint filed by NetJets Services, NetJets Sales, NetJets Aviation, #42 Defendant's Motion to Change Venue filed by NetJets Services, NetJets Sales, NetJets Aviation. The court hears oral argument and takes the matters under advisement. Attorney for Plaintiff: Trent Waddoups, Attorney for Defendant: Brian Rothschild, Christopher Hogan. Court Reporter: Ed Young.(mjm) [Transferred from Utah on 9/29/2022.]
|
|
Filing 52
NOTICE OF ZOOM HEARING ON MOTION re: #41 Defendant's MOTION to Dismiss Amended Complaint, #42 Defendant's MOTION to Change Venue : (Notice generated by Mary Jane McNamee) ZOOM Motion Hearing set for 6/2/2022 at 02:00 PM before Judge Robert J. Shelby. ZOOM Instructions will be emailed to counsel. (mjm) [Transferred from Utah on 9/29/2022.]
|
|
Filing 51
REPLY to Response to Motion re #41 Defendant's MOTION to Dismiss Amended Complaint filed by Defendants NetJets Aviation, NetJets Sales, NetJets Services. (Rothschild, Brian) [Transferred from Utah on 9/29/2022.]
|
|
Filing 50
REPLY to Response to Motion re #42 Defendant's MOTION to Change Venue filed by Defendants NetJets Aviation, NetJets Sales, NetJets Services. (Rothschild, Brian) [Transferred from Utah on 9/29/2022.]
|
|
Filing 49
DOCKET TEXT ORDER granting #48 Stipulated Motion for Extension of Time to File Reply re #41 Defendant's MOTION to Dismiss Amended Complaint, #42 Defendant's MOTION to Change Venue. The deadline to file replies is extended to 3/18/2022. Signed by Magistrate Judge Daphne A. Oberg on 3/8/2022. No attached document. (med) [Transferred from Utah on 9/29/2022.]
|
|
Filing 48
Stipulated MOTION for Extension of Time to File Response/Reply as to #42 Defendant's MOTION to Change Venue , #41 Defendant's MOTION to Dismiss Amended Complaint filed by Defendants NetJets Aviation, NetJets Sales, NetJets Services. (Attachments: #1 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Rothschild, Brian) [Transferred from Utah on 9/29/2022.]
|
|
Filing 47
Plaintiff's MEMORANDUM in Opposition re #42 Defendant's MOTION to Change Venue filed by Plaintiff Michael L. Labertew. (Attachments: #1 Exhibit Temporary Restraining Order (Exhibit A), #2 Exhibit Temporary Restraining Order (Exhibit B))(Waddoups, Trent) [Transferred from Utah on 9/29/2022.]
|
|
Filing 46
Plaintiff's MEMORANDUM in Opposition re #41 Defendant's MOTION to Dismiss Amended Complaint filed by Plaintiff Michael L. Labertew. (Waddoups, Trent) [Transferred from Utah on 9/29/2022.]
|
|
Filing 45
ORDER granting #43 Plaintiffs' Stipulated Motion to Extend the Deadline to Oppose or Otherwise Respond to the Defendants' Motion to Transfer Venue. Signed by Judge Robert J. Shelby on 1/25/22. (dla) [Transferred from Utah on 9/29/2022.]
|
|
Filing 44
Motions No Longer Referred: #42 Defendant's MOTION to Change Venue. The district judge will address the motion. (med) [Transferred from Utah on 9/29/2022.]
|
|
Filing 43
Stipulated MOTION for Extension of Time to File Response/Reply as to #42 Defendant's MOTION to Change Venue and Memorandum in Support filed by Plaintiff Michael L. Labertew. (Attachments: #1 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Waddoups, Trent) [Transferred from Utah on 9/29/2022.]
|
|
Filing 42
Defendant's MOTION to Change Venue filed by Defendants NetJets Aviation, NetJets Sales, NetJets Services. Motions referred to Daphne A. Oberg.(Rothschild, Brian) [Transferred from Utah on 9/29/2022.]
|
|
Filing 41
Defendant's MOTION to Dismiss Amended Complaint filed by Defendants NetJets Aviation, NetJets Sales, NetJets Services. (Rothschild, Brian) [Transferred from Utah on 9/29/2022.]
|
|
Filing 40
DOCKET TEXT ORDER granting #39 Stipulated Motion for Extension of Time to Answer. The deadline for Defendants to answer or otherwise respond to the amended complaint is extended to January 24, 2022. Signed by Magistrate Judge Daphne A. Oberg on 1/7/2022. No attached document. (med) [Transferred from Utah on 9/29/2022.]
|
|
Filing 39
Stipulated MOTION for Extension of Time to File Answer re #37 Amended Complaint, filed by Defendants NetJets Aviation, NetJets Sales, NetJets Services. (Attachments: #1 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Rothschild, Brian) [Transferred from Utah on 9/29/2022.]
|
|
Filing 38
DOCKET TEXT ORDER. In light of Plaintiffs Amended Complaint #37 , the court denies as moot and without prejudice Defendants Motion to Change Venue #16 and Motion to Dismiss #17 with permission to refile the motions drawn toward the Amended Complaint as may be appropriate. Signed by Judge Robert J. Shelby on 1/4/2022. No attached document. (mjm) [Transferred from Utah on 9/29/2022.]
|
|
Filing 37
AMENDED COMPLAINT against All Defendants with Jury Demand. filed by Delta Pegasus Management. (Attachments: #1 Exhibit 2011 Purchase Agreement, #2 Exhibit 2011 Lease Agreement, #3 Exhibit 2011 Management Services Agreement, #4 Exhibit 2016 Fractional Lease Agreement) (Waddoups, Trent) [Transferred from Utah on 9/29/2022.]
|
|
Filing 36
MEMORANDUM DECISION AND ORDER granting #30 Plaintiff's Motion to Amend: Because the NetJets Defendants' futility argument is more appropriately addressed in a dispositive motion, and no other factors justifying denial of leave to amend are present, the court GRANTS Plaintiffs' motion to amend. Plaintiffs shall file the amended complaint in the form found at Doc. No. #30 -1 within fourteen (14) days of the date of this order. Once filed on the docket, the amended complaint will be the operative complaint in this case. Signed by Magistrate Judge Daphne A. Oberg on 12/23/21. (dla) [Transferred from Utah on 9/29/2022.]
|
|
Filing 35
REQUEST to Submit for Decision re #17 MOTION to Dismiss filed by Plaintiff Michael L. Labertew. (Waddoups, Trent) [Transferred from Utah on 9/29/2022.]
|
|
Filing 34
REQUEST to Submit for Decision re #16 MOTION to Change Venue filed by Plaintiff Michael L. Labertew. (Waddoups, Trent) [Transferred from Utah on 9/29/2022.]
|
|
Filing 33
REQUEST to Submit for Decision re #30 Plaintiff's MOTION to Amend/Correct #2 Complaint, and Memorandum in Support filed by Plaintiff Michael L. Labertew. (Waddoups, Trent) [Transferred from Utah on 9/29/2022.]
|
|
Filing 32
Plaintiff's REPLY to Response to Motion re #30 Plaintiff's MOTION to Amend/Correct #2 Complaint, and Memorandum in Support filed by Plaintiff Michael L. Labertew. (Waddoups, Trent) [Transferred from Utah on 9/29/2022.]
|
|
Filing 31
MEMORANDUM in Opposition re #30 Plaintiff's MOTION to Amend/Correct #2 Complaint, and Memorandum in Support filed by Defendants NetJets Aviation, NetJets Sales, NetJets Services. (Rothschild, Brian) [Transferred from Utah on 9/29/2022.]
|
|
Filing 30
Plaintiff's MOTION to Amend/Correct #2 Complaint, and Memorandum in Support filed by Plaintiff Delta Pegasus Management. (Attachments: #1 Exhibit A - Proposed Amended Complaint, #2 Exhibit B - Original Complaint Redlined with Changes) Motions referred to Daphne A. Oberg.(Waddoups, Trent) [Transferred from Utah on 9/29/2022.]
|
|
Filing 29
Defendant's REPLY to Response to Motion re #17 MOTION to Dismiss filed by Defendants NetJets Aviation, NetJets Sales, NetJets Services. (Rothschild, Brian) [Transferred from Utah on 9/29/2022.]
|
|
Filing 28
Defendant's REPLY to Response to Motion re #16 MOTION to Change Venue filed by Defendants NetJets Aviation, NetJets Sales, NetJets Services. (Rothschild, Brian) [Transferred from Utah on 9/29/2022.]
|
|
Filing 27
ORDER REFERRING CASE to Magistrate Judge Daphne A. Oberg under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Robert J. Shelby on 9/24/2021. (mjm) [Transferred from Utah on 9/29/2022.]
|
|
Filing 26
ORDER granting #25 Motion for Extension of Time to File Response/Reply re #16 MOTION to Change Venue, #17 MOTION to Dismiss: Replies due by 9/27/2021. Signed by Judge Robert J. Shelby on 9/17/21 (alt) [Transferred from Utah on 9/29/2022.]
|
|
Filing 25
Stipulated MOTION for Extension of Time to File Response/Reply as to #17 MOTION to Dismiss , #16 MOTION to Change Venue filed by Defendants NetJets Aviation, NetJets Sales, NetJets Services. (Attachments: #1 Text of Proposed Order)(Rothschild, Brian) [Transferred from Utah on 9/29/2022.]
|
|
Filing 24
Plaintiff's MEMORANDUM in Opposition re #17 MOTION to Dismiss filed by Plaintiff Delta Pegasus Management. (Attachments: #1 Exhibit Temporary Restraining Order (Exhibit A))(Waddoups, Trent) [Transferred from Utah on 9/29/2022.]
|
|
Filing 23
Plaintiff's MEMORANDUM in Opposition re #16 MOTION to Change Venue filed by Plaintiff Delta Pegasus Management. (Attachments: #1 Exhibit Temporary Restraining Order (Exhibit A))(Waddoups, Trent) [Transferred from Utah on 9/29/2022.]
|
|
Filing 22
All Consent/Reassignment Forms have now been received. After review of all forms, Case Reassigned to District Judge per request of one or more party(s). Case randomly assigned to Judge Robert J. Shelby. Magistrate Judge Dustin B. Pead no longer assigned to the case. (alf) [Transferred from Utah on 9/29/2022.]
|
|
Filing 21
RECEIVED Consent/Reassignment Form from Plaintiffs Delta Pegasus Management, Michael L. Labertew. (alf) [Transferred from Utah on 9/29/2022.]
|
|
Filing 20
RECEIVED Consent/Reassignment Form from Defendants NetJets Aviation, NetJets Sales, NetJets Services. (alf) [Transferred from Utah on 9/29/2022.]
|
|
Filing 19
ORDER granting #18 Motion for Extension of Time to File Response/Reply re #16 MOTION to Change Venue Plaintiff's Response/Opposition due by 9/3/2021. Signed by Magistrate Judge Dustin B. Pead on 8/18/21. (alf) [Transferred from Utah on 9/29/2022.]
|
|
Filing 18
Stipulated MOTION for Extension of Time to File Response/Reply as to #16 MOTION to Change Venue filed by Plaintiff Delta Pegasus Management. (Attachments: #1 Text of Proposed Order Granting Stipulated Motion to Extend Deadline to Oppose Defendants' Motion to Transfer Venue)(Waddoups, Trent) [Transferred from Utah on 9/29/2022.]
|
|
Filing 17
MOTION to Dismiss filed by Defendants NetJets Aviation, NetJets Sales, NetJets Services. (Rothschild, Brian) [Transferred from Utah on 9/29/2022.]
|
|
Filing 16
MOTION to Change Venue filed by Defendants NetJets Aviation, NetJets Sales, NetJets Services. (Rothschild, Brian) [Transferred from Utah on 9/29/2022.]
|
|
Filing 15
NOTICE - This case is assigned to a magistrate judge. To consent or request reassignment, use # the form on this link or use the included form for non-efilers and send it toconsents@utd.uscourts.govwithin 15 days or mail to the court with Attention: Consent Clerk on the envelope. Notice e-mailed or mailed to Plaintiffs Delta Pegasus Management, Michael L. Labertew, Defendants NetJets Aviation, NetJets Sales, NetJets Services. Form due by 8/19/2021. (alf) [Transferred from Utah on 9/29/2022.]
|
|
Filing 14
ORDER granting #11 Motion for Admission Pro Hac Vice of Attorney. Christopher J. Hogan for Delta Pegasus Management, NetJets Aviation, for NetJets Sales,Christopher J. Hogan for NetJets Services.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Dustin B. Pead on 7/19/2021. (jwt) Modified on 7/26/2021 attorney removed from plaintiff Delta Pegasus(nl). [Transferred from Utah on 9/29/2022.]
|
|
Filing 13
DOCKET TEXT ORDER. Upon review, it appears that the additional information requested in 12 has been provided by the Applicant, and the Court's request for supplementation of the PHV Motion is MOOT. Signed by Magistrate Judge Dustin B. Pead on 07/19/2021. [Transferred from Utah on 9/29/2022.]
|
|
Filing 12
Defendants are instructed to supplement their #11 Motion for Pro Hac Vice Admission of Christopher J. Hogan with the current application for pro hac vice admission form, available at https://www.utd.uscourts.gov/usdc-forms. The deadline for Defendants to supplement their Motion is July 23, 2021. Signed by Magistrate Judge Dustin B. Pead on 07/19/2021. [Transferred from Utah on 9/29/2022.]
|
|
Filing 11
MOTION for Admission Pro Hac Vice of Christopher J. Hogan , Registration fee $ 250, receipt number AUTDC-4061400,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendants NetJets Aviation, NetJets Sales, NetJets Services. (Attachments: #1 Exhibit A - Application for Pro Hac Vice Admission, #2 Text of Proposed Order)(Rothschild, Brian) [Transferred from Utah on 9/29/2022.]
|
|
Filing 10
ORDER granting #8 Motion for Extension of Time to Answer re #2 Complaint. Answer deadline updated for NetJets Aviation, for NetJets Sales, and for NetJets Services. Answer due 8/6/2021. Signed by Magistrate Judge Dustin B. Pead on 07/19/2021. (jl) [Transferred from Utah on 9/29/2022.]
|
|
Filing 9
CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendants NetJets Aviation, NetJets Sales, NetJets Services identifying Berkshire Hathaway, Inc. as Corporate Parent. (Rothschild, Brian) [Transferred from Utah on 9/29/2022.]
|
|
Filing 8
Stipulated MOTION for Extension of Time to File Answer re #2 Complaint, filed by Defendants NetJets Aviation, NetJets Sales, NetJets Services. (Attachments: #1 Text of Proposed Order)(Rothschild, Brian) [Transferred from Utah on 9/29/2022.]
|
|
Filing 7
NOTICE of Appearance by Brian M. Rothschild on behalf of NetJets Aviation, NetJets Sales, NetJets Services (Rothschild, Brian) [Transferred from Utah on 9/29/2022.]
|
|
Filing 6
ORDER TO PROPOSE SCHEDULE - Plaintiff must propose a schedule to defendant in the form of a draft Attorney Planning Meeting Report within within twenty-one (21) days after any defendant has been served or any defendant has appeared, unless any party is appearing pro se. See order for additional instructions. Signed by Magistrate Judge Dustin B. Pead on 6/26/21. (alf) [Transferred from Utah on 9/29/2022.]
|
|
Filing 5
**RESTRICTED DOCUMENT**Summons Issued Electronically as to NetJets Aviation. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (mh) [Transferred from Utah on 9/29/2022.]
|
|
Filing 4
**RESTRICTED DOCUMENT**Summons Issued Electronically as to NetJets Sales. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (mh) [Transferred from Utah on 9/29/2022.]
|
|
Filing 3
**RESTRICTED DOCUMENT**Summons Issued Electronically as to NetJets Services. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (mh) [Transferred from Utah on 9/29/2022.]
|
|
Filing 2
COMPLAINT & Jury Demand against All Defendants (Filing fee $ 402, receipt number AUTDC-4041675) filed by Delta Pegasus Management. (Attachments: #1 Exhibit Purchase Agreement, #2 Exhibit Exchange Agreement, #3 Exhibit Management Agreement, #4 Exhibit Lease Agreement, #5 Civil Cover Sheet Civil Cover Sheet) Assigned to Magistrate Judge Dustin B. Pead (Waddoups, Trent) [Transferred from Utah on 9/29/2022.]
|
|
Filing 1
Case has been indexed and assigned to Magistrate Judge Dustin B. Pead. Plaintiffs Delta Pegasus Management, Michael L. Labertew are directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 402 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (mh) [Transferred from Utah on 9/29/2022.]
|
|
*** Set OPEN_MJ and PEND_CONSENT Flag(s) (mh) [Transferred from Utah on 9/29/2022.]
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Ohio Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
