- 29 - damages hearing on which the District Court expressly relied in awarding damages to the plaintiffs in that lawsuit. Cf. Furrer v. Commissioner, 566 F.2d 1115, 1116 (9th Cir. 1977), affg. T.C. Memo. 1976-331; Church v. Commissioner, 80 T.C. 1104, 1107 (1983). In September 1984, DCI and the Diamonds commenced the Farmers lawsuit in the District Court by filing an initial complaint. Thereafter, they filed an amended complaint and a second amended complaint, and the plaintiffs and FIG submitted a pretrial order. In those submissions, the plaintiffs raised claims against FIG for breaches of contract, indemnity, and fraudulent misrepresentations and sought damages from FIG with respect to those claims. At the conclusion of the pretrial discovery period, the plaintiffs filed a motion for sanctions against FIG, and on September 9, 1986, the District Court issued an order granting that motion and indicating that it would enter a default judgment in favor of the plaintiffs following the damages hearing. On January 20, 1987, the District Court rendered an opinion in which it concluded (1) that the pretrial order (a) superseded the various complaints that the plaintiffs had filed in the Farmers lawsuit and (b) controlled the determination of any damages to be awarded to the plaintiffs and (2) that the effects of the entry of default in favor of the plaintiffs and against FIG were to treat as established the plaintiffs' factual allega-Page: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
Last modified: May 25, 2011