SkyWest Airlines Inc. v. Moussaron et al

THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH
SKYWEST AIRLINES INC.,
Plaintiff,
v.
DANIEL MOUSSARON, and VIKAAS
KRITHIVAS,
Defendant.
MEMORANDUM DECISION AND
ORDER GRANTING IN PART AND
DENYING IN PART MOTION FOR
IMMEDIATE SETTING OF HEARING
AND BRIEFING SCHEDULE
Case No. 4:26-cv-00015-DN-PK
District Judge David Nuffer
Plaintiff seeks the immediate setting of a hearing and a briefing schedule on its TRO
Motion,1 as well as interim ex parte relief to preserve the status quo and prevent spoliation of
evidence pending a hearing (“Motion”).2
Plaintiff was previously given notice that it must provide proof of service of its
Complaint3 and TRO Motion on all Defendants before a hearing on the TRO Motion would be
set.4 Counsel for Defendant Daniel Moussaron has entered their appearance and accepted service
on Mr. Moussaron’s behalf.5 Plaintiff asserts that it has unsuccessfully attempted service on
1 Plaintiff’s Ex Parte Application for Temporary Restraining Order and Motion for Preliminary Injunction (“TRO
Motion”), docket no. 5, filed Feb. 2, 2026.
2 Plaintiff’s Ex Parte Request for Immediate Setting of Hearing and Briefing Schedule on Application for
Temporary Restraining Order and Preliminary Injunction, and for Interim Ex Parte Relief; and Attorney
Certification under Rule 65(B)(1)(B) (“Motion”), docket no. 19, filed Feb. 5, 2026.
3 Docket no. 1, filed Jan. 30, 2026.
4 Notice from the Court, docket no. 9, filed Feb. 2, 2026.
5 Notice of Appearance and Intent to Submit Opposition to Plaintiff’s Ex Parte Application for Temporary
Restraining Order and Motion for Preliminary Injunction, docket no. 16, filed Feb. 4, 2026; Notice of Appearance,
docket no. 17, filed Feb. 5, 2026; Acceptance of Service of Summons and Complaint, docket no. 18, filed Feb. 5,
2026.
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Defendant Vikaas Krithivas on three occasions, but has provided actual notice of the lawsuit and
requested relief to Mr. Krithivas’s attorney, Paul Ryan.6 Plaintiff requests that while it continues
to attempt to serve Mr. Krithivas, it be permitted to provide notice of any hearing setting and
interim order to Mr. Krithivas by email, text, and mail using the contact information on file with
Plaintiff, as well as through Mr. Ryan.7
Based on the materials and information in the record, and good cause appearing, it is
appropriate at this time to set a scheduling conference and preliminary briefing schedule on
Plaintiff’s TRO Motion and its Motion for Expedited Discovery.8 It is also appropriate to order
the preservation of evidence. However, Mr. Moussaron has raised jurisdictional questions
regarding the authority to issue the temporary restraining order and preliminary injunction
Plaintiff seeks,9 which have not been fully briefed. Therefore,
IT IS HEREBY ORDERED that Plaintiff’s Motion10 is GRANTED in part and DENIED
in part as follows:
1. 	A Scheduling Conference on Plaintiff’s TRO Motion and its Motion for
Expedited Discovery is set for Monday February 9, 2026, at 9:00 a.m., via Zoom.gov.
Instructions for attending the Scheduling Conference via Zoom.gov will be sent to counsel by a
separate email.
6 Motion at 3.
7 Id.
8 Plaintiff’s Ex Parte Motion for Expedited Discovery, docket no. 8, filed Feb. 2, 2026.
9 Notice of Appearance and Intent to Submit Opposition to Plaintiff’s Ex Parte Application for Temporary
Restraining Order and Motion for Preliminary Injunction at 2; Motion at 5-6.
10 Docket no. 19, filed Feb. 5, 2026.
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2. 	Prior to the Scheduling Conference on Monday February 9, 2026, the parties must
meet and confer in a good faith attempt to reach a stipulated resolution to the issues raised in
Plaintiff’s TRO Motion and its Motion for Expedited Discovery.
3. 	By no later than Sunday February 8, 2026, at 2:00 p.m., the parties must file a
memorandum addressing jurisdiction for the issuance of Plaintiff’s requested temporary
restraining order and preliminary injunction. The parties’ memoranda must address the
applicability of the Norris-LaGuardia Act, 29 U.S.C. § 101 et seq., to this case and, specifically,
whether this case and the requested temporary restraining order and preliminary injunction are
subject to the jurisdictional bar of 29 U.S.C. § 104 for “any restraining order or temporary or
permanent injunction in any case involving or growing out of a labor dispute[.]”
4. 	By no later than Tuesday February 10, 2026, at 4:00 p.m., Defendants must file
responses to Plaintiff’s TRO Motion and Plaintiff’s Motion for Expedited Discovery.
5. 	The parties should reserve Wednesday February 11, 2026, at 1:00 p.m., for a first
hearing on Plaintiff’s TRO Motion and Plaintiff’s Motion for Expedited Discovery via
Zoom.gov.
6. 	All parties shall preserve evidence relevant to this litigation. Defendants are
prohibited from destroying, altering, wiping, encrypting, or concealing any materials related to
their access, collection, storage, use, or dissemination of SkyWest Confidential Information, and
must suspend any auto-delete or remote-wipe setting on relevant devices and accounts to prevent
spoliation.
7. 	Plaintiff shall forthwith provide notice of this Memorandum Decision and Order
and of the instructions for attending the February 9, 2026, Scheduling Conference via Zoom.gov
to Mr. Krithivas by email, text, and mail to Mr. Krithivas and Mr. Ryan using the contact
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information on file with Plaintiff. Upon providing notice to Mr. Krithivas, Plaintiff must file
proof of such notice.
Signed February 6, 2026.
BY THE COURT
________________________________________
David Nuffer
United States District Judge
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