Free Reply to Response to Motion - District Court of Colorado - Colorado

Case 1:01-cv-02056-JLK

Document 249

Filed 10/04/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior Judge John L. Kane

Civil Action No. 01-cv-2056-JLK UNITED STATES AVIATION UNDERWRITERS, INC., a New York corporation; PAUL LEADABRAND, an Idaho resident; and JEFLYN AVIATION, INC. d/b/a 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.

DEFENDANT PRATT & WHITNEY CANADA'S REPLY TO RESPONSE TO MOTION FOR STAY OF PROCEEDINGS TO ENFORCE JUDGMENT

Defendant Pratt & Whitney Canada Corp. ("PWC"), by its attorneys, respectfully submits its Reply to Plaintiffs' Opposition (Doc. 247) to PWC's Motion for Stay of Proceedings to Enforce Judgment (Doc. 245) and states as follows. 1. PWC will file a Notice of Appeal on or before next Thursday, October 11, 2007,

in accordance with Rules 3 and 4 of the Federal Rules of Appellate Procedure, at which time it will move the Court for a stay of execution pursuant to Fed.R.Civ. P. 62(d) without any requirement for a supersedeas bond. The judgment entered against PWC is fully covered by PWC's liability insurance policy.

Case 1:01-cv-02056-JLK

Document 249

Filed 10/04/2007

Page 2 of 2

2.

After filing their response on September 21, 2007, plaintiffs reached an agreement

with PWC that plaintiffs will not oppose PWC's motion for a stay of execution upon appeal without a supersedeas bond, and plaintiff's counsel has authorized PWC's undersigned counsel to inform the Court of this agreement. WHEREFORE, Defendant Pratt & Whitney Canada Corp. respectfully requests that the Court grant its Motion for Stay of Proceedings to Enforce Judgment and enter an Order staying execution to and including October 11, 2007. Respectfully submitted this 4th day of October 2007.

s/ Thomas J. Byrne Thomas J. Byrne ­ [email protected] William White ­ [email protected] BYRNE, KIELY & WHITE, L.L.P. 1120 Lincoln Street, Suite 1300 Denver, Colorado 80203 Telephone: (303) 861-5511

CERTIFICATE OF SERVICE I hereby certify that on this 4th day of October 2007 I caused the foregoing DEFENDANT PRATT & WHITNEY CANADA'S REPLY TO RESPONSE TO MOTION FOR STAY OF PROCEEDINGS TO ENFORCE JUDGMENT to be served by electronically filing the foregoing with the Clerk of Court using the CM/ECF system, which will send notification of such filing to the following e-mail addresses: Jon A. Kodani, Esq. Jeffrey J. Williams, Esq. LAW OFFICES OF JON A. KODANI [email protected] Robert B. Schultz, Esq. LAW OFFICES OF ROBERT B. SCHULTZ [email protected]

s/ Kevin R. Kennedy

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