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S.D.N.Y.Procedural orderFiled June 9, 2021

VistaJet US Inc. v. Wild Wonder LLC

Judge
Ronnie Abrams
Docket
1:20-cv-05974
Court
U.S. District Court · Southern District of New York
Pages
3
DiscoveryCivil ProcedureContract
In one sentence

In VistaJet v. Wild Wonder, Judge Abrams directed Wild Wonder to respond to VistaJet’s discovery letter motion by June 15, 2021.

Who this affects

VistaJet US Inc. and Wild Wonder LLC, particularly Wild Wonder because it was directed to respond to VistaJet’s discovery letter motion by June 15, 2021.

What happened

VistaJet US Inc. v. Wild Wonder LLC concerns a contract for privately chartered flight hours. VistaJet alleged that Wild Wonder stopped making payments under the agreement and asserted that Wild Wonder owed $1,987,500, plus interest, costs, and attorneys’ fees.

VistaJet asked the court to require Wild Wonder to answer interrogatories and produce documents about air travel, travel bookings, and lodging involving Wild Wonder, Paolo Lima, Jamie Lima, their family, and other company-related people. VistaJet argued that this information was relevant to Wild Wonder’s defenses that the coronavirus pandemic made its performance impossible or frustrated the contract’s purpose.

The court directed Wild Wonder to respond to the letter motion by June 15, 2021. Judge Ronnie Abrams did not, in the provided text, decide whether Wild Wonder must provide the requested discovery.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
VistaJet US Inc. v. Wild Wonder LLC · No. 1:20-cv-05974
Judge
Ronnie Abrams
Date
June 9, 2021

Background

VistaJet US Inc. sued Wild Wonder LLC over a flight-solutions agreement. According to VistaJet’s letter, the agreement required VistaJet to sell Wild Wonder 150 privately chartered flight hours per year at a fixed rate, with guaranteed availability for three years beginning in April 2018. VistaJet alleged that Wild Wonder refused to make its April 2020 payment after using nearly 70 flights arranged by VistaJet during the preceding two years. VistaJet alleged damages of $1,987,500, in addition to interest, costs, and attorneys’ fees.

Wild Wonder did not deny failing to pay, according to VistaJet’s letter, but asserted defenses based on frustration of purpose and impossibility related to the coronavirus pandemic.

Discovery dispute

VistaJet served discovery requests in January 2021. It asked Wild Wonder to produce documents concerning communications with independent flight brokers, air travel by Paolo Lima, air travel by Lima’s spouse and children, and overnight stays by Lima, his family, or Wild Wonder principals. VistaJet also asked Wild Wonder to identify air travel by Paolo and Jamie Lima, other Wild Wonder officers, directors, members, owners, principals, or employees, and people whose air transportation Wild Wonder paid for during specified periods.

VistaJet argued that the requested information was relevant to Wild Wonder’s pandemic-related defenses because continued commercial or private air travel could bear on whether the pandemic excused Wild Wonder’s contractual performance. VistaJet stated that it had tried to resolve the dispute with Wild Wonder’s counsel and that discovery was scheduled to close on June 25, 2021.

Court action

The provided text shows Judge Ronnie Abrams directing Wild Wonder to respond to VistaJet’s letter motion on or before June 15, 2021. It does not show a ruling granting or denying VistaJet’s request to compel discovery, and it does not decide the contract claims or Wild Wonder’s defenses. The order therefore addresses a discovery-procedure matter rather than the merits of the underlying contract dispute.

The authoritative version

Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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