S-24-0409 Pranay Bajjuri, Nirmal Gorla, Sathwick Madishetti, Terraland Holdings, LLC, and SSRRW, LLC (Appellees) v. Amogh Karney, Shiba Prop, LLC, Narke Holdings, LLC, and Ark Capital Brookside, LLC (Appellees) and Anand Karney, Sudha Karney, and Sarkit, Inc. (Appellants)
Appeal from the District Court for Douglas County, Judge Shelly R. Stratman
Attorneys: Sean A. Minahan and Darlene Gomez, Senior Certified Law Student (Lamson Dugan & Murray, LLP for Appellants), Scott D. Jochim and Josiah J. Shanks (Croker Huck Law Firm for Appellees) and Sarkit, Inc. has been dismissed from this appeal.
Civil: Sanctions
Proceedings below: The district court sustained Appellees’ motion for sanctions, entered default judgment in favor of Appellees, and awarded attorney fees to Appellees. On its own motion, the Nebraska Supreme Court ordered this case to be transferred from the docket of the Nebraska Court of Appeals to its docket.
Issues: Appellants assign the following errors: 1) The district court erred in granting Appellees’ motion for sanctions; 2) The district court erred in entering default judgment against Appellants; 3) The district court erred in failing to show the Appellees experienced prejudice or unfair surprise; 4) The district court erred in not previously providing a warning that a sanction of default judgment may be granted; 5) The district court erred in not considering less drastic sanctions before imposing default judgment; 6) The district court erred in not considering whether the Appellants had a history of discovery abuse when ordering sanctions against them; 7) The district court erred in not providing evidence Appellants had acted willfully or in bad faith when ordering sanctions against them; 8) The district court erred in holding all Appellants, including the Karneys personally, jointly and severally liable for actions or omissions of a corporate entity; 9) The district court erred in holding the Karneys personally liable for the acts and omissions of a company for which Appellees have a sixty (60) percent ownership of; 10) The district court erred in failing to determine whether the discovery requested is outside the Karneys control; and 12) The district court erred in its ruling on the motion to alter or amend.