Aero Wing Equipment LLC v. Executive Air Ltd et al
| Aero Wing Equipment LLC |
| Executive Air Ltd and John Ackie |
| 1:2021cv00354 |
| September 16, 2021 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| KENNETH J MANSFIELD |
| DERRICK K WATSON |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on September 16, 2021. A more recent docket listing may be available from PACER.
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Filing 22
ORDER SETTING STATUS CONFERENCE - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 9/16/2021. ( Status Conference - MJ is set for 12/20/2021 09:30 AM in Courtroom 6 before MAGISTRATE JUDGE KENNETH J. MANSFIELD.) (emt, )
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Filing 21
NOTICE TO PARTIES: The Clerk of Court for the U.S. District Court, District of Hawaii gives notice of its receipt of the electronic case record for 5:20-cv-01103; Aero Wing Equipment LLC v. Executive Air Ltd, et al., transferred from the Western District of Oklahoma. Please be advised that U.S. District Judge Derrick K. Watson and U.S. Magistrate Judge Kenneth J. Mansfield have been assigned to this case. Accordingly, please reflect new civil number CV 21-00354 DKW-KJM on all further filings. Submission of Pro Hac Vice Applications: The parties may refer to LR83.1 of the Local Rules for the District of Hawaii with respect to the submission of applications for pro hac vice admittance and the designation of local counsel (a member in good standing of the bar of this court who maintains an office within this district). The Local Rules for the District of Hawaii and the "Motion to Appear Pro Hac Vice and Declaration of Counsel Package" (form HID007-007a) are available on the Court's website at www.hid.uscourts.gov. (emt, )
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Filing 20
NOTICE of Case Assignment: Please reflect Civil case number CV 21-00354 DKW-KJM on all further pleadings. (emt, )
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Filing 19
Case transferred in from District of Oklahoma Western; Case Number 5:20-cv-01103. Original file certified copy of transfer order and docket sheet received.
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Filing 18
ORDER granting in part and denying in part #12 Motion to Dismiss for Lack of Jurisdiction. The Court DENIES Defendants motion to dismiss based on a lack of personal jurisdiction and GRANTS Defendants motion to change venue to the District of Hawaii based on a mandatory forum selection provision in the relevant contract, as more fully set out. Signed by Honorable David L. Russell on 9/16/21. (jw) [Transferred from Oklahoma Western on 9/16/2021.]
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COURT'S CERTIFICATE of Service - a copy of 20 Notice of Case Assignment, 21 Notice to Parties and #22 Order Setting Status Conference have been served by First Class Mail to Evan H. Way, Esq., Joshua D. Burns, Esq., and Richard H. Foster, Esq. to the addresses of record on September 16, 2021. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (emt, )
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Filing 17
REPLY to Response to Motion re #12 MOTION to Dismiss for Lack of Jurisdiction and the Forum Selection Clause and, Alternatively, for Change of Venue, and Brief in Support filed by John Ackie, Executive Air Ltd. (Attachments: #1 Exhibit 1 - Affidavit of John Ackie, #2 Exhibit 2 - April 16 2017 Emails)(Foster, Richard) [Transferred from Oklahoma Western on 9/16/2021.]
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Filing 16
RESPONSE in Opposition re #12 MOTION to Dismiss for Lack of Jurisdiction and the Forum Selection Clause and, Alternatively, for Change of Venue, and Brief in Support filed by Aero Wing Equipment LLC. (Attachments: #1 Exhibit 1 - Affidavit of Darrin K. Lofton)(Burns, Joshua) [Transferred from Oklahoma Western on 9/16/2021.]
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Filing 15
ORDER granting #14 Motion for Extension of Time to File Response/Reply as to #12 MOTION to Dismiss for Lack of Jurisdiction and the Forum Selection Clause and, Alternatively, for Change of Venue, and Brief in Support , #12 Responses due by 6/21/2021. Signed by Honorable David L. Russell on 6/14/21. (jw) [Transferred from Oklahoma Western on 9/16/2021.]
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Filing 14
UNOPPOSED MOTION for Extension of Time to File Response/Reply as to #12 MOTION to Dismiss for Lack of Jurisdiction and the Forum Selection Clause and, Alternatively, for Change of Venue, and Brief in Support by Aero Wing Equipment LLC. (Burns, Joshua) [Transferred from Oklahoma Western on 9/16/2021.]
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Filing 13
DISCLOSURE STATEMENT - CORPORATE by Executive Air Ltd . (Foster, Richard) [Transferred from Oklahoma Western on 9/16/2021.]
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Filing 12
MOTION to Dismiss for Lack of Jurisdiction and the Forum Selection Clause and, Alternatively, for Change of Venue, and Brief in Support by John Ackie, Executive Air Ltd. (Attachments: #1 Exhibit 1 - Affidavit of John Ackie, #2 Exhibit 2 - 2015 FAA Records, #3 Exhibit 3 - 2017 FAA Records, #4 Exhibit 4 - FAA Pilot Record for John Wesley Ackie)(Foster, Richard) [Transferred from Oklahoma Western on 9/16/2021.]
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Filing 11
ORDER granting #10 Motion for Extension of Time to Answer re #10 UNOPPOSED MOTION for Extension of Time to File Answer re #1 Complaint , #1 Complaint All Defendants. Signed by Honorable David L. Russell on 5/3/21. (jw) [Transferred from Oklahoma Western on 9/16/2021.]
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Filing 10
UNOPPOSED MOTION for Extension of Time to File Answer re #1 Complaint by John Ackie, Executive Air Ltd. (Foster, Richard) [Transferred from Oklahoma Western on 9/16/2021.]
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Filing 9
ENTRY of Appearance by Richard H Foster on behalf of John Ackie, Executive Air Ltd (Foster, Richard) [Transferred from Oklahoma Western on 9/16/2021.]
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Filing 8
SUMMONS Returned Executed by Aero Wing Equipment LLC. John Ackie served on 3/22/2021; Executive Air Ltd served on 3/22/2021. (Burns, Joshua) [Transferred from Oklahoma Western on 9/16/2021.]
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Filing 7
RESPONSE TO ORDER TO SHOW CAUSE filed by Aero Wing Equipment LLC. (Burns, Joshua) [Transferred from Oklahoma Western on 9/16/2021.]
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Filing 6
ORDER TO SHOW CAUSE; Plaintiff is DIRECTED to show cause in writing, within fourteen (14) days of the date of this Order, why service has not been timely made upon defendants. In absence of such a showing, Plaintiffs complaint may be dismissed. Signed by Honorable David L. Russell on 2/2/21. (jw) [Transferred from Oklahoma Western on 9/16/2021.]
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Filing 5
DISCLOSURE STATEMENT - LLC by Aero Wing Equipment LLC . (Burns, Joshua) [Transferred from Oklahoma Western on 9/16/2021.]
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Filing 4
ENTRY of Appearance by Evan H Way on behalf of Aero Wing Equipment LLC (Way, Evan) [Transferred from Oklahoma Western on 9/16/2021.]
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Filing 3
ENTRY of Appearance by Joshua D Burns on behalf of Aero Wing Equipment LLC (Burns, Joshua) [Transferred from Oklahoma Western on 9/16/2021.]
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Filing 2
Summons Issued Electronically as to John Ackie, Executive Air Ltd. (kmt) [Transferred from Oklahoma Western on 9/16/2021.]
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PAYMENT FOR A CIVIL CASE Filing fee $ 400, receipt number AOKWDC-3356525. (Burns, Joshua) [Transferred from Oklahoma Western on 9/16/2021.]
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Filing 1
COMPLAINT against John Ackie, Executive Air Ltd filed by Aero Wing Equipment LLC. (Attachments: #1 Exhibit 1 - Executive Air - John Ackie Lease, #2 Exhibit 2 - Guaranty - John Ackie, #3 Civil Cover Sheet)(kmt) [Transferred from Oklahoma Western on 9/16/2021.]
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