Starr Indemnity and Liability Company et al v. 60-206, LLC et al, No. 3:2022cv00179 - Document 40 (D. Nev. 2022)
Court Description: ORDER GRANTING ECF No. 39 Stipulation to Bifurcate Damages and Amend Scheduling : Cross Motions for Summary Judgment due by 4/28/2023. Responses due by 6/12/2023. Replies due by 7/12/2023. (See pdf Order for additional deadlines and specifics.)Signed by Magistrate Judge Carla Baldwin on 11/7/2022. (Copies have been distributed pursuant to the NEF - DRM)
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Starr Indemnity and Liability Company et al v. 60-206, LLC et al Doc. 40 Case 3:22-cv-00179-LRH-CLB Document 40 Filed 11/07/22 Page 1 of 7 1 Dylan P. Todd (NV Bar No. 10456) CLYDE & CO US LLP 2 7251 W. Lake Mead Blvd., Suite 430 Las Vegas, NV 89128 3 Telephone: (725) 248-2900 Facsimile: (725) 248-2907 4 Email: dylan.todd@clydeco.us 5 Kevin R. Sutherland (Admitted Pro Hac Vice) Autumn E. Lewis (Admitted Pro Hac Vice) 6 CLYDE & CO US LLP 355 S. Grand Avenue, Suite 1400 7 Los Angeles, California 90071 Telephone: (213) 358-7600 8 Facsimile: (213) 358-7650 9 Email: kevin.sutherland@clydeco.us autumn.lewis@clydeco.us 10 Attorneys for Defendants SIGNATURE FLIGHT SUPPORT LLC; SIGNATURE 11 FLIGHT SUPPORT CORPORATION; SIGNATURE 12 FLIGHT SUPPORT OF NEVADA, INC. 13 UNITED STATES DISTRICT COURT 14 FOR THE DISTRICT OF NEVADA 15 STARR INDEMNITY AND LIABILITY COMPANY, dba STARR 16 INSURANCE COMPANIES as Subrogee of GLF AIR, LLC., and 6017 206, LLC, Plaintiffs, 18 v. 19 20 SIGNATURE FLIGHT SUPPORT CORPORATION, a Nevada 21 corporation; SIGNATURE FLIGHT SUPPORT, LLC, a Nevada limited 22 liability company; SIGNATURE FLIGHT SUPPORT OF NEVADA, 23 INC., a Nevada corporation; DOES I - X, inclusive, and ROE 24 CORPORATIONS I – X, inclusive Defendants. 25 26 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 3:22-cv-00179-LRH-CLB ORDER GRANTING JOINT STIPULATION FOR AN ORDER BIFURCATING LIABILITY AND DAMAGES AND REQUEST FOR AMENDMENT TO DISCOVERY AND SCHEDULING ORDER 27 / / 28 / / 10123191v1 -1JOINT STIPULATION REGARDING BIFURCATION Dockets.Justia.com Case 3:22-cv-00179-LRH-CLB Document 40 Filed 11/07/22 Page 2 of 7 1 The parties, through their respective counsel, hereby stipulate that good 2 cause exists for the Court to issue an order bifurcating liability and damages in this 3 case as follows. 4 Background of Matter 5 This matter involves an incident that occurred on or about May 18, 2019, at 6 the Harry Reid International Airport, located in Las Vegas when employees of 7 defendant Signature Flight Support LLC (“SFS LLC”), a Fixed Base Operation 8 (“FBO”), were towing a Citation 650 bearing Federal Aviation Administration 9 (“FAA”) Registration No. N820FJ (“Citation”) when the wingtip of the Citation CLYDE & CO LLP 7251 W. Lake Mead Blvd., Suite 430 Las Vegas, NV 89128 Telephone: (725)248-2900 10 made contact with the 2000 Bombardier 60 Learjet, bearing FAA No. N448GL 11 (“Aircraft”), causing damage to the baggage door (“Incident”). At the time of the 12 Incident, the Aircraft was owned by 60-206, LLC and was insured by Starr 13 Indemnity & Liability Company dba Starr Insurance Companies (“Starr”). 14 Prior to the Incident, the Aircraft’s pilot signed SFS LLC’s Landing Card 15 while at SFS LLC’s FBO, which provided, in part, that “under no 16 circumstances shall Signature be liable to the customer for indirect, consequential, 17 special or exemplary damages, whether in contract or tort (including strict liability 18 and negligence), such as, but not limited to, loss of revenue, loss of use or 19 anticipated profits, diminution or loss of value, or costs associated with substitution 20 or replacement aircraft.” A true and correct copy of the Landing Card is attached 21 hereto as Exhibit A. As a result of the Incident, Starr alleges that its insureds 22 incurred $61,277.21 to repair the Aircraft (the “Repair Damages”) and $279,413.23 23 of other damages for loss of use and rental aircraft expenses (“Other Damages”), all of 24 which were paid by Starr pursuant to the insurance policy for the Aircraft. See 25 Plaintiffs’ Amended Complaint (ECF No. 1-2) at p. 3-4. 26 The parties have resolved Plaintiff’s claims for the Repair Damages, and 27 on September 12, 2022, the parties filed the Stipulation to Dismiss with Prejudice 28 All Claims Regarding the Repair Damages. See ECF No. 36. On September 13, 2022, the Court granted the stipulation. See 10123191v1 -2- ECF No. 37. JOINT STIPULATION REGARDING BIFURCATION Case 3:22-cv-00179-LRH-CLB Document 40 Filed 11/07/22 Page 3 of 7 1 As to the alleged claim for Other Damages, the parties agree that the facts of the 2 Incident are not in dispute, and that liability of SFS LLC as to the Other Damages, is 3 contingent only on the enforceability of the terms of the Landing Card. If there is no 4 liability because of the Landing Card, then there will be no need to conduct discovery 5 on damages. Once liability is determined, damages can be the focus of the case if 6 liability is found. 7 Good Cause Exists for the Court to Issue and Order Bifurcating this Case 8 The parties hereby stipulate as follows: 9 WHEREAS, all claims regarding the alleged Repair Damages in the amount of CLYDE & CO LLP 7251 W. Lake Mead Blvd., Suite 430 Las Vegas, NV 89128 Telephone: (725)248-2900 10 $61,277.21 have been paid, fully resolved and dismissed with prejudice; 11 WHEREAS, how the damage to the Aircraft occurred is not in dispute, resolution 12 of the issue regarding liability, namely the enforceability of the Landing Card, is the 13 central and potentially dispositive issue in this case; 14 WHEREAS, the parties desire to conduct limited discovery relevant to or 15 reasonably calculated to lead to the discovery of admissible evidence regarding why the 16 Aircraft could not be flown, why repairs to the Aircraft took so long, the preparation 17 and use of the Landing Card, facts regarding the pilot’s execution of the Landing Card, 18 and the enforceability of the terms of the Landing Card; 19 WHEREAS, at the conclusion of limited discovery, Plaintiffs STARR 20 INDEMNITY AND LIABILITY COMPANY, dba STARR INSURANCE 21 COMPANIES as Subrogee of GLF Air, LLC, and 60-206, LLC and Defendant SFS 22 LLC will each file Motions for Summary Judgment on the enforceability of the 23 Landing Card. The parties will then fully brief the issue; 24 WHEREAS, if the Court finds that there is an issue of fact preventing summary 25 judgment then it will be necessary to have a trial on the issues surrounding the Landing 26 Card. Once the Landing Card issues are determined, either through summary judgment 27 or trial, and it is determined that the Landing Card waiver is valid, the case is 28 concluded. However, if it is determined the Landing Card does not preclude SFS 10123191v1 -3JOINT STIPULATION REGARDING BIFURCATION Case 3:22-cv-00179-LRH-CLB Document 40 Filed 11/07/22 Page 4 of 7 1 LLC’s liability then, discovery concerning damages and determination of damages will 2 proceed; and 3 WHEREAS, the parties wish to amend the Court’s scheduling order by vacating 4 the pretrial deadlines contained therein until a time after the Court has issued an order 5 on the Motions for Summary Judgment. 6 IT IS HEREBY STIPULATED by and between Starr and SFS LLC to request 7 that the Court bifurcate liability and damages as follows: 8 1. The Motions for Summary Judgment will seek to determine whether the 9 Landing Card and its terms are unenforceable or enforceable and whether the Landing CLYDE & CO LLP 7251 W. Lake Mead Blvd., Suite 430 Las Vegas, NV 89128 Telephone: (725)248-2900 10 Card prevents SFS LLC from being held liable for the Other Damages; 11 2. The parties will conduct limited discovery regarding the enforceability of 12 the Landing Card in order to prepare and oppose cross Motions for Summary 13 Judgment, which will likely include out-of-state depositions including, but not limited 14 to, the deposition of the GLF Air, LLC pilot who signed the Landing Card, the owners 15 of the Aircraft, and certain SFS LLC employees involved in the preparation of the 16 Landing Card. 17 3. April 28, 2023 shall be the deadline for Starr and SFS LLC to file cross 18 Motions for Summary Judgment. 19 4. June 12, 2023 shall be the deadline for the parties to file their Oppositions 20 to the cross Motions for Summary Judgment. 21 5. July 12, 2023 shall be the deadline for the parties to file their Replies in 22 support of cross Motions for Summary Judgment. 23 6. The parties agree to defer expert depositions and any other remaining 24 discovery on the Other Damages until after the Landing Card issues have been 25 resolved, either by the Motions for Summary Judgment or, if disputes of fact are found, 26 by trial, except to the extent that such discovery is relevant to the Motions for Summary 27 Judgment. 28 / / 10123191v1 -4JOINT STIPULATION REGARDING BIFURCATION Case 3:22-cv-00179-LRH-CLB Document 40 Filed 11/07/22 Page 5 of 7 1 7. If the court determines through summary judgment that the Landing Card 2 precludes SFS LLC’s liability, the case will be concluded. After the resolution of the 3 Motions for Summary Judgment, the parties request that the Court set a further status 4 conference to identify and discuss if a trial is necessary and any remaining issues and to 5 schedule any further discovery on damages and the joint pretrial order deadlines and 6 proceedings. The parties will submit to the Court a joint statement addressing the 7 foregoing subjects no later than ten (10) days before the further status conference. 8 IT IS SO STIPULATED. 9 Dated: November 7, 2022 CLYDE & CO LLP 7251 W. Lake Mead Blvd., Suite 430 Las Vegas, NV 89128 Telephone: (725)248-2900 10 CLYDE & CO US LLP By: /s/ Autumn E. Lewis DYLAN P. TODD 11 12 -AND- 13 KEVIN R. SUTHERLAND (Admitted Pro Hac Vice) AUTUMN E. LEWIS (Admitted Pro Hac Vice) Attorneys For Defendants SIGNATURE FLIGHT SUPPORT LLC; SIGNATURE FLIGHT SUPPORT CORPORATION; SIGNATURE FLIGHT SUPPORT OF NEVADA, INC. 14 15 16 17 18 19 Dated: November 7, 2022 20 GORDON REES SCULLY MANSUKHANI, LLP By: /s/ Stephen S. Kent STEPHEN S. KENT Attorneys For Plaintiffs STARR INDEMNITY AND LIABILITY COMPANY, DBA STARR INSURANCE COMPANIES AS SUBROGEE OF GLF AIR, LLC., AND 60-206, LLC 21 22 23 24 25 IT IS SO ORDERED. 26 November 7, 2022 27 DATED: ________________ 28 10123191v1 ____________________________________ United States Magistrate Judge -5JOINT STIPULATION REGARDING BIFURCATION Case 3:22-cv-00179-LRH-CLB Document 40 Filed 11/07/22 Page 6 of 7 EXHIBIT "A" Case 3:22-cv-00179-LRH-CLB Document 40 Filed 11/07/22 Page 7 of 7 SFSLLC000050
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