UPDATED ORDER SKYRIDE

[bbarnhouse 0]

The court entered an order increasing the award of damages and granting attorney fees to Skydive Arizona.

The Court finds that "Defendants completely fail to appreciate the wrongfulness of their conduct.

Defendants seemingly disregard for the people they harmed or the reputation they sullied, convinces the court that the increase in the amount of actual damages is proper and, as a result , will double each damage award."
The Court said, "This Court has no trouble concluding that the Jury's conclusion regarding willfulness are amply supported by this record" page 22, lines 17-18 and "the conduct for which Defendants were found liable were particularly egregious," page 22,lines 20-22.


There is more but that is the gist of the order.

I seriously doubt that an appeal would prevail given all statements made by the Court...but this is just MY opinion.

In closing I will add....it's been a long journey. In reflection I think of the words of Gen. Colin Powell (Ret) whom I had the honor of listening to recently in Phoenix. He said: "Sometimes its a matter of how much you are willing to sacrifice and how much you are willing to endure."

I can without a doubt say to you all, I stood up against what I felt was wrong and harmful to the sport I care about, as did Larry Hill and a few others.
Some folks WILL choose the hard right over the easy wrong.
Additionally I say to you all... YOU can make a difference. It starts with one voice. IF you feel strongly about something stay the course. You may not have the outcome that you wish, but you will walk away having known that you did just as I. You sacrificed and endured.....and didn't get eaten

Until then, stay safe.
Respectfully
B2

[jimmytavino 16]

excellent..... Times 2 !!

jmy

[slotperfect 7]

Well done, your Pixieness. Thanks for remaining faithful to the community - you persevered all of us reap the reward. Many thanks to Larry and Lil and all the others as well.

Arrive Safely

John

[Andy9o8 2]

Quote

I say to you all... YOU can make a difference. It starts with one voice. IF you feel strongly about something stay the course. You may not have the outcome that you wish, but you will walk away having known that you did just as I. You sacrificed and endured.....and didn't get eaten

Now what's needed is for the other major US DZs who still take Skyride certificates and lease them their planes to STOP doing that.

[3331 137]

This further exonerates Jan Meyer.
I'm I the only one that notices ?

I Jumped with the guys who invented Skydiving.

[AndyBoyd 0]

Could you attach a copy of the order? Thanks!

[Jumpdude 0]

Job well done! Maybe this will make the Skydiving world a better place.

Refuse to Lose!!!
Failure is NOT an option!
1800skyrideripoff.com
Nashvilleskydiving.org

[alabamaskydiver 0]

This is a very positive thing for our sport, Congrats to the Arizona Team and to everyone who helped on every level.
I do have a couple of questions, First, Is there any information available about if they are going to extend any judgements or other litigation out to the DZO's who accept the 1 800 Skyride GC's for aiding and abetting as accomplices,
and second,
IS there any info about any effort to get their fake websites turned off?

[MakeItHappen 15]

Quote

This further exonerates Jan Meyer.
I'm I the only one that notices ?

I noticed.

Here is the summary section from the court order:

Quote

Accordingly,
IT IS HEREBY ORDERED denying Defendants’ Motion to Reduce Jury Verdict.
(Dkt. #376)

IT IS FURTHER ORDERED denying Defendants’ Motion for Judgement not
Withstanding the Verdict, Accounting, Remittitur, or in the Alternative, a New Trial. (Dkt.
#395).

IT IS FURTHER ORDERED granting Plaintiff’s Motion for Attorney Fees
pursuant to 15 U.S.C. §1117. (Dkt. #371). Plaintiff is directed to filed a memorandum in
support of its fees request within 60 days of the entry of judgment.

IT IS FURTHER ORDERED granting in part and denying in part Plaintiff’s Motion
for an Award of Increased Damages and Profits. (Dkt. #396). The Court grants Plaintiff’s
request for an award of increased damages, but denies Plaintiff’s request for an award of
increased Profits.

IT IS FURTHER ORDERED directing the Clerk of the Court to enter judgement
accordingly. The judgment should reflect the Jury’s verdict, but make the following changes
and additions. Awarding Plaintiff $2,500,004 in profits on its Lanham Act § 43(a) claim
(false advertising); doubling the jury’s award of $2,500,000 in actual damages on Plaintiff’s
Lanham Act § 32 claim (trademark infringement) to $5,000,000; and doubling the jury’s
award of $1,000,000 on its Lanham Act § 43(a) claim to $2,000,000.
DATED this 31st day of March, 2010.

Mary H. Murguia
United States District Judge

There is still another issue to be ruled on, but first two excerpts:

Excerpt 1:
From the Plaintiff's docket 420 filed 3/24/10

Quote

Evidence was introduced into the record showing that Defendants have not
complied with the detailed injunction entered against their deceptive advertising by a
Georgia court. Testimony of Jan Meyer (March 3, 2010); Tr. Exh. 461; Tr. Exhs. 550-572.
Nor have the Defendants fully complied with promises they made to the United States
Parachute Association to change their deceptive websites. Testimony of Jan Meyer
(March 3, 2010); Tr. Exh. 454. (emphasis added)

Excerpt 2
From the Defendants' docket 425 filed 4/1/10

Quote

Defendants, Cary Quattrocchi, Ben Butler, USSO, LLC, Atlanta SC, Inc., CASC Inc.,
and IGOVINCENT, Inc., represented by Ivan K. Mathew, respectfully request the Court to
redact portions of Jan Meyer’s transcript available for public release and review as follows:
1. Exhibit 454.
2. Transcript - p. 7, ln. 11-25; p. 8, ln. 1-23; p. 9, ln. 3- 4; p. 12, ln. 23-25; p. 13, ln.
1-7; p. 13, ln. 14-15; p. 15, ln. 22-25; p. 16, ln. 1-10; p. 16, ln. 12-20; p. 17, ln. 9-11; p. 23, ln.
22-24; p. 24, ln. 1-8; p. 24, ln. 14-23; p. 31, ln. 23-25; p. 32, ln. 1-17.
This request is based upon reference to a confidential settlement agreement between the
United States Parachute Association and the Defendants.

The testimony that the Defendants want redacted explains promises they made to the United States
Parachute Association to change their deceptive websites and how they (SR) are not complying with those promises.

Very few people know what the promises are. SNM did not ferret out any of them and painted a very slanted picture of the agreement in their article on the settlement. No one, except SR, benefits form the secrecy of the agreement.

The court will decide if the testimony is to be redacted. I'll have to go find the date that is supposed to happen.

For years I told the UPSA BOD that Larry Hill was going to win and win big.
I hereby say "I told you so!"

My four trips to AZ for this case were well worth the effort.

.

.
Make It Happen
Parachute History
DiveMaker

[BillyVance 34]

Great news! Thank you Betsy and Larry for staying the course. It's been a long road for sure.

"Mediocre people don't like high achievers, and high achievers don't like mediocre people." - SIX TIME National Champion coach Nick Saban

[BillyVance 34]

It took a long time, but I think your statement online years ago can ring true: "And the walls came tumbling down".
Fuck the confidentiality agreement that Skyride had with USPA. Expose everything. The truth needs to come out.

"Mediocre people don't like high achievers, and high achievers don't like mediocre people." - SIX TIME National Champion coach Nick Saban

[Southern_Man 0]

How are they going to collect? Are there assets that can be attached?

I'm a newbie, so maybe everybody knows this answer already except me. Sorry if it is redundant.

"What if there were no hypothetical questions?"

[bbarnhouse 0]

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I'm I the only one that notices

I noticed.

Quote

other litigation out to the DZO's who accept the 1 800 Skyride GC's for aiding and abetting as accomplices

Larry Hill would be within his rights to bring litigation for aiding and abetting a bad act agaisnt those that continue to take the certificates.
(Larry really is a nice person so I would doubt that he would. I cannot however speak for him)

Quote

IS there any info about any effort to get their fake websites turned off?

I can't answer this at this time.

Next step....JAN

[Jumpdude 0]

Quote

Quote

I'm I the only one that notices

I noticed.

Quote

other litigation out to the DZO's who accept the 1 800 Skyride GC's for aiding and abetting as accomplices

Larry Hill would be within his rights to bring litigation for aiding and abetting a bad act agaisnt those that continue to take the certificates.
(Larry really is a nice person so I would doubt that he would. I cannot however speak for him)

Quote

IS there any info about any effort to get their fake websites turned off?

I can't answer this at this time.

Next step....JAN

I hope he does. The DZO's who have been accomplices in the criminal business practices of CQ needs and deserves to be brought up on charges.

Refuse to Lose!!!
Failure is NOT an option!
1800skyrideripoff.com
Nashvilleskydiving.org

[stratostar 5]

THANK YOU! (BB, LH, JM)

you can't pay for kids schoolin' with love of skydiving! ~ Airtwardo

[matthewcline 0]

Congrats!

You, Larry, Jan and the others who stayed the course and held your ground morally deserve a huge Thank You not only from the Skydiving Community, but I would imagine the other Sports and Entertainment Communities who have had to deal with this issue as well.

Matt

An Instructors first concern is student safety.
So, start being safe, first!!!

[stratostar 5]

Now that dipshit (KL) is gone maybe you could get Mr. Hart to stop taking SR GC's. That would be nice.

you can't pay for kids schoolin' with love of skydiving! ~ Airtwardo

[riggerpaul 1]

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The DZO's who have been accomplices in the criminal business practices of CQ needs and deserves to be brought up on charges.

That's a bit like saying that when a credit card company does something illegal, anyone who accepts the credit card is part of the crime.

It may be true for some of the dropzones, but it surely will not be true for all the dropzones.

Sure, it is time for a renewed effort to dissuade our dropzones who take the certificates to stop. I'll certainly speak to the DZO at my favorite dz the next time I see him.

But it really isn't clear that they are all criminals.

[Jumpdude 0]

Quote

Quote

The DZO's who have been accomplices in the criminal business practices of CQ needs and deserves to be brought up on charges.

That's a bit like saying that when a credit card company does something illegal, anyone who accepts the credit card is part of the crime.

It may be true for some of the dropzones, but it surely will not be true for all the dropzones.

Sure, it is time for a renewed effort to dissuade our dropzones who take the certificates to stop. I'll certainly speak to the DZO at my favorite dz the next time I see him.

But it really isn't clear that they are all criminals.

I said they are accomplices, I suppose I can see where someone could see that as calling them criminals, So, to be a bit more "Politically correct" I guess I would call it "guilty by association".

Refuse to Lose!!!
Failure is NOT an option!
1800skyrideripoff.com
Nashvilleskydiving.org

[kallend 2,032]

Congratulations Jan (and Larry and BB).

...

The only sure way to survive a canopy collision is not to have one.

[riggerpaul 1]

Quote

Quote

Quote

The DZO's who have been accomplices in the criminal business practices of CQ needs and deserves to be brought up on charges.

That's a bit like saying that when a credit card company does something illegal, anyone who accepts the credit card is part of the crime.

It may be true for some of the dropzones, but it surely will not be true for all the dropzones.

Sure, it is time for a renewed effort to dissuade our dropzones who take the certificates to stop. I'll certainly speak to the DZO at my favorite dz the next time I see him.

But it really isn't clear that they are all criminals.

I said they are accomplices, I suppose I can see where someone could see that as calling them criminals, So, to be a bit more "Politically correct" I guess I would call it "guilty by association".

When I looked up "accomplice", I got "an accomplice is a person who actively participates in the commission of a crime".

As I said, now that we have a court saying that what they did was illegal, we have a better chance to get people to stop taking the GCs.

But simply taking the GCs in the past did not necessarily make anybody an accomplice.

Please don't think that I am in any way supporting SR. I don't. I am very glad that the recent developments say that SR was even worse than we'd previously established.

I just won't accept that everybody who took those GCs was an accomplice.

And, when you consider that none of the victims will ever see any money back from SR, accepting that GC now is actually minimizing the victim's loss. That's a public service, not a crime.

[Jumpdude 0]

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When I looked up "accomplice", I got "an accomplice is a person who actively participates in the commission of a crime".

As I said, now that we have a court saying that what they did was illegal, we have a better chance to get people to stop taking the GCs.

But simply taking the GCs in the past did not necessarily make anybody an accomplice.

Please don't think that I am in any way supporting SR. I don't. I am very glad that the recent developments say that SR was even worse than we'd previously established.

I just won't accept that everybody who took those GCs was an accomplice.

And, when you consider that none of the victims will ever see any money back from SR, accepting that GC now is actually minimizing the victim's loss. That's a public service, not a crime.

DZO's, in my opinion are accomplices because they are redeeming certificates that they know to be fraudulently marketed.

Refuse to Lose!!!
Failure is NOT an option!
1800skyrideripoff.com
Nashvilleskydiving.org

[PhreeZone 20]

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I've never heard of a DZO who only gets a name when they are scheduling a Tandem or AFF, unless I'm wrong, they always get all the person's contact info including their address.

I watched a DZ operate for multiple years that they would take the persons name and sometimes phone number if they thought about it before the students showed up. No address taken over the phone and with cell phones being able to maintain the same number no matter where you live anymore.... that is useless for telling the persons location. My family has phone numbers in one state but lives in another state, to most people their phone number may seem remote but its normal for cell phone only users. Sorry but your "theory" is full of holes and you are wrong on this.

Yesterday is history
And tomorrow is a mystery

Parachutemanuals.com

[Andy9o8 2]

Legal grey areas aside, as far as I am concerned, the DZOs - especially the ones who own/manage those other major US DZs who take the SR GCs and sometimes lease SR their planes (and we know who they are) - are most certainly morally complicit in Skyride's wrongs. So regardless of how that might or might not play out in a hypothetical court, it is morally indefensible.

[BDashe 0]

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DZO's, in my opinion are accomplices because they are redeeming certificates that they know to be fraudulently marketed.

In my opinion, your opinion sucks.

Capitalism: an economic system characterized by private or corporate ownership of capital goods, by investments that are determined by private decision, and by prices, production, and the distribution of goods that are determined mainly by competition

So there I was...

Making friends and playing nice since 1983