Delta Wing Equipment LLC v. Hatzanchnia/Skydive Shamarat et al
| Delta Wing Equipment LLC |
| Haviv Matzliach, Shai Tsabari and Hatzanchnia/Skydive Shamarat |
| 5:2019cv00532 |
| June 10, 2019 |
| US District Court for the Western District of Oklahoma |
| Robin J Cauthron |
| Jodi W Dishman |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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| Filing 50 JUDGMENT. Judgment is entered in favor of Delta Wing Equipment, LLC on its claims asserted against Hatzanchnia/Skydive Shamarat, Shai Tsbari, and Haviv Matzliach in the Complaint. Delta Wing Equipment is awarded a money judgment against Defendants in the amount of $1,133,715.70. Delta Wing Equipment LLC is awarded attorneys' fees, costs, and expenses against Defendants in the amount of $208,954.24. Defendants' claims against Delta Wing Equipment, LLC, including thecounterclaim set forth in #17 Defendants' Combined Amended Answer, Affirmative Defenses to Plaintiff's Complaint and Counterclaim of Hatzanchnia/Skydive Shamarat are DISMISSED WITH PREJUDICE. Signed by Honorable Jodi W. Dishman on 03/26/2021. (nv) |
Filing 49
ORDER granting in part #36 Motion for Attorneys' Fees, Costs, and Expenses, as supplemented [Doc. No. 47] and AWARDS Delta Wing attorneys' fees, costs, and expenses in the amount of $208,954.24 against Defendants. The Court further AWARDS money damages to Delta Wing and against Defendants in the amount of $1,133,715.70. The Court will enter judgment accordingly. Signed by Honorable Jodi W. Dishman on 03/26/2021. (nv)
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| Filing 48 DECLARATION by Delta Wing Equipment LLC . (Attachments: #1 Exhibit 1 - Spreadsheet)(Burns, Joshua) |
| Filing 47 SUPPLEMENT re #36 MOTION for Attorney Fees by Delta Wing Equipment LLC. (Attachments: #1 Exhibit 1 - Second Affidavit of Joshua D. Burns)(Burns, Joshua) |
| Filing 46 SUPPLEMENT Delta Wing Equipment, LLC's Supplemental Materials on Damages by Delta Wing Equipment LLC. (Attachments: #1 Exhibit 1 - Highlighted Expenses, #2 Exhibit 2 - Motion for Attorney Fees and Costs, #3 Exhibit 3 - Order)(Burns, Joshua) |
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Filing 45
ORDER re #44 E-mail from Defendant Shai Tsabari. Because Mr. Tsabari's e-mail does not comply with the Federal Rules of Civil Procedure or this Court's local civil rules, the Court STRIKES the e-mail [Doc. No. 44]. The Court DIRECTS the office of the Clerk of Court to send this Order to Mr. Tsabari at the e-mail address from which he sent the email dated October 9, 2020 [see Doc. No. 44]. See Order for all details. Signed by Honorable Jodi W. Dishman on 10/13/2020. (nv)
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| Filing 44 STRICKEN E-MAIL from Shai Tsabari. Received on 10/09/2020. (nv) Modified on 10/13/2020 striking correspondence. See #45 Order (nv). |
| Filing 43 Minute Entry for proceedings held before Honorable Jodi W. Dishman: Hearing held on 10/8/2020 re #34 Order granting Plaintiff's Motion for Entry of Default and Dismissal of Counterclaims and #36 MOTION for Attorney Fees filed by Delta Wing Equipment LLC. The Court takes the matter under advisement. Written order to follow. (Court Reporter Tracy Thompson.) (nv) |
| Filing 42 ENTER ORDER. The hearing currently set for Thursday, September 24, 2020 at 10:00 a.m. regarding the Order granting Plaintiff Delta Wing Equipment LLC's Motion for Default Judgment Doc. No. #34 and Motion for Attorneys' Fees, Costs, and Expenses Doc. No. #36 is STRICKEN AND RESET to Thursday, October 8, 2020 at 11:30 a.m. in Courtroom 502. Entered at the direction of the Honorable Jodi W. Dishman on 09/22/2020. (nv) |
| Set/Reset Deadlines as to #36 MOTION for Attorney Fees .( Motion Hearing set for 10/8/2020 11:30 AM in Courtroom 502 before Honorable Jodi W. Dishman.), Set/Reset Hearings:( Other Hearing as to #34 Order granting Motion for Entry of Default set for 10/8/2020 11:30 AM in Courtroom 502 Honorable Jodi W. Dishman.) See #42 Enter Order. (nv) |
| Filing 41 BRIEF IN SUPPORT re #40 Set Hearings, Order Setting Hearing on Motion,,,,,, Delta Wing Equipment, LLC's Bench Brief for Hearing on Damages and Evidence in Support by Delta Wing Equipment LLC. (Attachments: #1 Exhibit 1 - Lease Agreement, #2 Exhibit 2 - Unpaid Invoices, #3 Exhibit 3 - Replacement Parts, #4 Exhibit 4 - Invoices, #5 Exhibit 5 - Travel Expenses, #6 Exhibit 6 - Labor Costs, #7 Exhibit 7 - Repair Parts, #8 Exhibit 8 - STOL Kit Replacement, #9 Exhibit 9 - Prime Turbines Estimate, #10 Exhibit 10 - Ferry Estimate, #11 Exhibit 11 - Condition Report, #12 Exhibit 12 - Complaint)(Burns, Joshua) |
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Filing 40
ORDER. The Court, having entered default against Defendants Hatzanchnia/Skydive Shamarat, Shai Tsabari, and Haviv Matzliach Doc. No. #34 , sets this case for hearing on Thursday, September 24, 2020 at 10:00 a.m., in Courtroom 502, to establish the amount of damages Plaintiff Delta Wing Equipment, LLC incurred as a result of Defendants' breaches. The Court will also hear Delta Wing's Motion for Attorneys' Fees, Costs, and Expenses Doc. No. #36 . Plaintiff is DIRECTED to file a copy of its Bench Brief for Hearing on Damages and Evidence in Support, which Plaintiff previously submitted to the Court pursuant to the Court's Order of June 16, 2020 Doc. No. #34 , within seven (7) days of this Order. Signed by Honorable Jodi W. Dishman on 08/26/2020. (nv)
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| Filing 39 ENTER ORDER. The Amended Notice of Hearing Doc. No. #37 on Order granting Plaintiff Delta Wing Equipment LLC's Motion for Default Judgment Doc. No. #34 and Motion for Attorneys' Fees, Costs, and Expenses Doc. No. #36 set for August 27, 2020 at 2:30 p.m., is STRICKEN to be reset by the Court to a later date. Entered at the direction of the Honorable Jodi W. Dishman on 08/26/2020. (nv) |
| Filing 38 Exhibit List / Witness List for Hearing on Damages by Plaintiff Delta Wing Equipment LLC. (Burns, Joshua) |
| Filing 37 AMENDED NOTICE of Hearing on Order granting Plaintiff's Motion for Default Judgment Doc. No. #34 and Plaintiff's MOTION for Attorney Fees Doc. No. #36 . Hearing set for 8/27/2020 at 02:30 PM in Courtroom 502 before Honorable Jodi W. Dishman. (nv) |
| Filing 36 MOTION for Attorney Fees by Delta Wing Equipment LLC. (Attachments: #1 Exhibit 1 - Affidavit of Joshua Burns, #2 Exhibit 2 - Affidavit of Ran Feldman)(Burns, Joshua) |
| Set/Reset Hearings: Hearing on Order #34 reset for 8/27/2020 02:30 PM in Courtroom 502 Honorable Jodi W. Dishman. (nv) |
| IMPORTANT NOTICE: The United States District Court for the Western District of Oklahoma (OKWD) is upgrading its current CM/ECF system to the Next Generation of CM/ECF (NextGen CM/ECF) on Monday, August 3, 2020. Complete information regarding the OKWD NextGen CM/ECF implementation is available at #http://www.okwd.uscourts.gov/nextgen-information.****Currently, you may share a single PACER account with other attorneys in your firm. With the new OKWD NextGen CM/ECF system, sharing of individual PACER accounts is prohibited. You must have an individual upgraded PACER account linked to your e-filing account. Once again, shared PACER accounts cannot be used by OKWD e-filing attorneys. ****Preparing for NextGen CM/ECF is a two-step process. Step one is to upgrade your PACER account and step two is to link your upgraded PACER account to the OKWD e-filing account in the upgraded NextGen CM/ECF system. This notice only addresses the first step because the second step cannot be completed until on or after August 3, 2020. ****Many PACER accounts have already been upgraded. The first step is to determine whether you have an "Upgraded" PACER account. If any of the following is true, you have an upgraded PACER account and no action is required until after the OKWD NextGen CM/ECF upgrade on August 3, 2020: 1) You have an upgraded PACER account for another NextGen court or 2) Your PACER account was created after August 10, 2014. If neither of these is true, you must upgrade your legacy PACER account before you can link your PACER account to your new NextGen CM/ECF account. ****OKWDs current CM/ECF system will NOT be available from 11:00 AM on 07/31/20 until 8:00 AM on 08/03/20 due to the upgrade. ****Additional notices will be sent at a later date regarding the second step of this process. If you have questions, please contact the PACER Service Center at 800-676-6856 or the OKWD Clerk's Office CM/ECF Help Desk at 405-609-5555. (Pigott, William) (ADI) |
| Filing 35 NOTICE of Hearing: Hearing set for 8/17/2020 at 10:00 AM in Courtroom 502 before the Honorable Jodi W. Dishman re #34 Order Granting Plaintiff Delta Wing Equipment LLC's Motion for Default Judgment. (nv) |
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Filing 34
ORDER granting #31 Motion for Entry of Default. IT IS THEREFORE ORDERED that default is entered against Defendants Hatzanchnia/Skydive Shamarat, Shai Tsabari, and Haviv Matzliach. Before final judgment can be entered against Defendants, the amount of damages and Delta Wing's entitlement to any other relief must be determined by the Court. Accordingly, a hearing on the amount of damages and the entitlement to any other requested relief will be set by separate order. IT IS FURTHER ORDERED that Defendants' claims against Delta Wing Equipment, LLC, including the counterclaim set forth in Defendants' Combined Amended Answer...Doc. No. #17 , are DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that Plaintiff Delta Wing Equipment, LLC's Motion to Compel Discovery Responses Doc. No. #26 is DENIED as MOOT. Signed by Honorable Jodi W. Dishman on 06/16/2020. (nv)
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Filing 33
ORDER granting #32 Motion to Hold Scheduling Order Deadlines in Abeyance... the remaining deadlines in the Scheduling Order Doc. No. #14 , including the August 2020 trial setting, are STRICKEN pending the Court's ruling on Plaintiff's Motion for Entry of Default and Dismissal of Counterclaims Doc. No. #31 . This Order does not impact the briefing deadlines regarding Plaintiff's Motion for Entry of Default and Dismissal of Counterclaims Doc. No. #31 . Signed by Honorable Jodi W. Dishman on 04/29/2020. (nv)
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| Filing 32 MOTION to Continue MOTION TO HOLD SCHEDULING ORDER DEADLINES IN ABEYANCE by Delta Wing Equipment LLC. (Burns, Joshua) |
| Filing 31 MOTION for Entry of Default and Dismissal of Counterclaims and Brief in Support by Delta Wing Equipment LLC. (Burns, Joshua) |
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Filing 30
ORDER granting #29 Motion to Withdraw as Attorney, subject to the condition that counsel shall continue to accept service on behalf of Defendants and forward all documents (including this Order) to Defendants for a period of thirty days or until new counsel for Defendants enters an appearance...IT IS FURTHER ORDERED that Defendants shall retain new counsel or enter their appearance pro se within thirty days of this Order, or by April 20, 2020...the hearing on Plaintiff's Motion to Compel [Doc. No. 26] is STRICKEN and all briefing and hearing deadlines set forth in the Court's Orders of March 13 and 18, 2020 [Doc. Nos. 27 and 28] are STAYED until further Order. Attorney Bret D Davis and Travis D Lawler terminated. Signed by Honorable Jodi W. Dishman on 03/19/2020. (nv)
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| Filing 29 MOTION to Withdraw as Attorney by All Defendants. (Davis, Bret) |
| Filing 28 ENTER ORDER re #26 MOTION to Compel Discovery Responses and Brief in Support filed by Delta Wing Equipment LLC. Under General Order 20-6, and in order to reduce in-person courthouse proceedings, the Motion Hearing set for March 25, 2020, at 3:00 p.m. will be conducted telephonically. All parties are directed to comply with the Telephonic Appearance Procedures for Judge Jodi W. Dishman available on the website for the United States District Court for the Western District of Oklahoma, under "Rules & Procedures, Chambers Rules," and shall arrange their appearance in the time frame and as directed in the Telephonic Appearance Procedures. Entered at the direction of the Honorable Jodi W. Dishman on 03/18/2020. (nv) |
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Filing 27
ORDER SETTING EXPEDITED BRIEFING AND HEARING re #26 MOTION to Compel Discovery Responses and Brief in Support : The Court directs Defendants to file their response brief to the Motion, if any, on or before March 19, 2020, at 5:00 p.m. Plaintiff may file a reply brief on or before March 23, 2020, at 5:00 p.m. The reply brief, if filed, is limited to five pages. The Motion is set for hearing on March 25, 2020, at 3:00 p.m. in Courtroom 502. Counsel for the parties are directed to report to this Court's chambers on the fifth floor by 2:00 p.m. on March 25, 2020 to confer in good faith regarding the matters presented in the Motion. Signed by Honorable Jodi W. Dishman on 03/13/2020. (nv)
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| Filing 26 MOTION to Compel Discovery Responses and Brief in Support by Delta Wing Equipment LLC. (Attachments: #1 Exhibit 1 - E-mail, #2 Exhibit 2 - Discovery Responses, #3 Exhibit 3 - Rule 37 Letter, #4 Exhibit 4 - E-mail)(Burns, Joshua) |
| Filing 25 BRIEF IN SUPPORT re #22 Order,, Supplemental Brief Establishing the Existence of Diversity Jurisdiction by Delta Wing Equipment LLC. (Burns, Joshua) |
| Filing 24 DISCLOSURE STATEMENT - CORPORATE by Hatzanchnia/Skydive Shamarat Amended and Corrected Corporate Disclosure Statement. (Davis, Bret) |
| Filing 23 DISCLOSURE STATEMENT - LLC by Delta Wing Equipment LLC Amended and Corrected Limited Liability Company Disclosure Statement. (Burns, Joshua) |
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Filing 22
ORDER. Upon review of the record in this case, the Court finds insufficient factual allegations to support the assertion of diversity jurisdiction under 28 U.S.C. 1332... IT IS THEREFORE ORDERED that Plaintiff, Delta Wing Equipment, LLC, shall file a supplemental brief to establish the existence of diversity jurisdiction within 14 days from the date of this Order. Any opposition to subject matter jurisdiction by Defendants shall be filed within 7 days from the date of Plaintiff's supplemental brief. Signed by Honorable Jodi W. Dishman on 02/13/2020. (nv)
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Filing 21
ORDER. The corporate disclosure statements filed by Plaintiff Delta Wing Equipment LLC Doc. No. #4 and Defendant Hatzanchnia/Skydive Shamarat Doc. No. #13 do not comply with this rule and are therefore STRICKEN. Delta Wing Equipment LLC and Hatzanchnia/Skydive Shamarat are ordered to file supplemental disclosure statements in compliance with LCvR7.1.1 by February 20, 2020. Signed by Honorable Jodi W. Dishman on 02/13/2020. (nv)
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| Set/Reset Hearings: Jury Trial set for 8/11/2020 09:30 AM in Courtroom 502 before Honorable Jodi W. Dishman. (nv) |
| Filing 20 NOTICE FROM THE COURT. Available on the website for the United States District Court for the Western District of Oklahoma, under "Rules & Procedures, Chambers Rules," are the following that are applicable in civil cases in front of Judge Dishman: (1) Chamber Procedures for Civil Cases (issued 1-28-2020) and (2) Civil Cases: Guidelines for Protective Orders on Confidentiality, Sealing Documents, and Redactions (issued 1-29-2020). Parties are expected to comply with these rules for all filings and proceedings going forward. The Court intends to strike filings that fail to comply with these rules. (nv) |
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Filing 19
ORDER REASSIGNING CASE. Case reassigned to Honorable Jodi W. Dishman for all further proceedings. Honorable Robin J. Cauthron no longer assigned to case. Entered at the direction of Honorable Robin J. Cauthron on 12/27/19. (wh)
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| Filing 18 ANSWER to #17 Answer to Complaint / Disclaimer, Counterclaim Plaintiff Delta Wing Equipment, LLC's Answer and Affirmative Defenses to Defendant Skydive Shamarat's Counterclaim by Delta Wing Equipment LLC.(Burns, Joshua) |
| Filing 17 AMENDED ANSWER to Complaint with Jury Demand , COUNTERCLAIM against Delta Wing Equipment, LLC by All Defendants.(Davis, Bret) Modified on 10/23/2019 to correct parties (em). |
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Filing 16
ORDER granting #15 Motion for Leave to Amend Answer and Add Counterclaim. Defendants to file their pleading within 5 days of the date of this Order. Signed by Honorable Robin J. Cauthron on 10/18/19. (wh)
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| Filing 15 MOTION for Leave to Amend Answer and Add Counterclaim by All Defendants. (Attachments: #1 Exhibit Combined Amended Answer, Affirmative Defenses to Plaintiff's Complaint and Counterclaim of Hatzanchnia/Skydive Shamarat)(Davis, Bret) |
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Filing 14
SCHEDULING ORDER: Discovery due by 6/1/2020. Jury Trial set for 8/10/2020 @ 09:00 AM in Courtroom 501 before Honorable Robin J. Cauthron. SEE ORDER for additional scheduling dates. Entered at the direction of Honorable Robin J. Cauthron on 09/04/19. (wh)
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| Filing 13 STRICKEN DISCLOSURE STATEMENT - LLC by All Defendants . (Davis, Bret) |
| Filing 12 JOINT STATUS REPORT by Plaintiff Delta Wing Equipment LLC. (Burns, Joshua) |
| Filing 11 DOCKET: Scheduling Conference set for 9/4/2019 @ 10:40 AM in Chambers before Honorable Robin J. Cauthron. (wh) |
| Filing 10 ANSWER to Complaint by All Defendants.(Davis, Bret) |
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Filing 9
ORDER granting #7 Motion for Extension of Time to Answer as to All Defendants. Answer due by 7/29/19. Signed by Honorable Robin J. Cauthron on 07/23/19. (wh)
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| Filing 8 ENTRY of Appearance by Travis D Lawler on behalf of All Defendants (Lawler, Travis) |
| Filing 7 UNOPPOSED MOTION for Extension of Time to File Answer re #1 Complaint by All Defendants. (Attachments: #1 Civil Cover Sheet)(Davis, Bret) |
| Filing 6 ENTRY of Appearance by Bret D Davis on behalf of All Defendants (Davis, Bret) |
| Filing 5 ENTRY of Appearance by Evan H Way on behalf of Delta Wing Equipment LLC (Way, Evan) |
| Filing 4 DISCLOSURE STATEMENT - CORPORATE by Delta Wing Equipment LLC . (Burns, Joshua) |
| Filing 3 ENTRY of Appearance by Joshua D Burns on behalf of Delta Wing Equipment LLC (Burns, Joshua) |
| Filing 2 Summons Issued Electronically as to Hatzanchnia/Skydive Shamarat, Haviv Matzliach, Shai Tsabari. (ac) |
| PAYMENT FOR A CIVIL CASE Filing fee $ 400, receipt number 1087-2938939. (Burns, Joshua) |
| Filing 1 COMPLAINT against Hatzanchnia/Skydive Shamarat, Haviv Matzliach, Shai Tsabari filed by Delta Wing Equipment LLC. (Attachments: #1 Exhibit 1 - Lease, #2 Civil Cover Sheet)(ac) |
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