Sacramento E.D.M., Inc., et al. v. Hynes Aviation Industries, Inc., et al.

Filing 160

AMENDED JUDGMENT signed by Magistrate Judge Kendall J. Newman on 3/27/19 ORDERING that SacEDM is entitled to $48,008 in restitution against HAI with regard to the equipment leases. SacEDM is entitled to restitution in the a mount of $223,0 00 from HAI with regard to the parties' dealings concerning the US Banc judgment. HAI is entitled to damages against SacEDM of $73,262 based on SacEDM's default under equipment leases 1 through 20. In all other respects besides the amended awards set forth in sections B.1 through B. 3 herein, the Order of the Court 150 , as affirmed by the Ninth Circuit Court of Appeals, shall be the final Order of the Court, without further modification. The Clerk of the Court is directed to enter final judgment in this action in accordance with the above findings of fact, conclusions of law, and amended awards. The Clerk of Court is directed to close this case.(Mena-Sanchez, L)

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Thomas W. Barth, SBN 154075

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2810 Fifth Street
Davis, California 95618
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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BARTH DALY LLP

Attorneys for HYNES AVIATION
INDUSTRIES, INC., HYNES CHILDREN TF
LIMITED and MICHAEL HYNES

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO E.D.M., INC., a California
corporation; DAN FOLK, an individual,

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Case No. 2:13-CV-00288-KJN
AMENDED JUDGMENT

B ARTH D ALY

LLP
A TTORNEYS A T L AW

Plaintiffs,
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v.
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HYNES AVIATION INDUSTRIES, INC.
dba HYNES AVIATION SERVICES, an
Oklahoma corporation; HYNES
CHILDREN TF LIMITED, a business
entity, form unknown; MICHAEL K.
HYNES, an individual; and DOES 1
through 50, inclusive,

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Defendants.
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AND CONSOLIDATED AND
CROSS-ACTIONS.

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[PROPOSED] AMENDED JUDGMENT

(2:13-CV-00288-KJN)

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A.

The Ninth Circuit Court of Appeals issued a Mandate on February 20, 2019, (ECF

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No. 158) pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure, instructing this

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Court to:

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1.

Find that Hynes Aviation Industries, Inc. (HAI) was the lessor with respect

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to certain equipment leases (Leases 1 through 9), reversing this Court's original findings that HAI

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was a lessee, in violation of the leases' no-assignment clause; and

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2.

Award $223,000 to SacEDM with regard to the US Banc judgment, rather

than the award of $251,000 set forth in this Court's judgment.
B.

Based on the findings of fact and conclusions of law contained in the Order of this

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Court, and judgment thereon (ECF No. 150), as amended to comply with the instructions of the

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Ninth Circuit Court of Appeals summarized herein and as set forth in the Mandate,

B ARTH D ALY

LLP
A TTORNEYS A T L AW

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IT IS HEREBY ORDERED:
1.

SacEDM is entitled to $48,008 in restitution against HAI with regard to the

equipment leases.
2.

SacEDM is entitled to restitution in the amount of $223,000 from HAI with

regard to the parties' dealings concerning the US Banc judgment.
3.

HAI is entitled to damages against SacEDM of $73,262 based on

SacEDM's default under equipment leases 1 through 20.
4.

In all other respects besides the amended awards set forth in sections B.1

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through B. 3 herein, the Order of the Court (ECF No. 150), as affirmed by the Ninth Circuit Court

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of Appeals, shall be the final Order of the Court, without further modification.

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5.

The Clerk of the Court is directed to enter final judgment in this action in

accordance with the above findings of fact, conclusions of law, and amended awards.
6.

The Clerk of Court is directed to close this case.

IT IS SO ORDERED.
Dated: March 27, 2019

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-1[PROPOSED] AMENDED JUDGMENT

(2:13-CV-00288-KJN)