General Electric Capital Corporation et al v. JLT Aircraft Holding Company, LLC et al
| General Electric Capital Corporation and GECPAC Investment II, Inc. |
| Gerald L Trooien, JLT Aircraft Holding Company, LLC and Aircraft No. 1074 Company, LLC |
| 0:2009cv01200 |
| May 21, 2009 |
| US District Court for the District of Minnesota |
| DMN Office |
| XX US, Outside State |
| Boylan |
| Ericksen |
| Other |
| 28 U.S.C. ยง 1332 Diversity-Contract Dispute |
| None |
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Filing
54
ORDER : IT IS ORDERED THAT: 1.Each Entity is hereby required to pay over to Plaintiffs, each a lien creditor within the meaning of Minn. Stat. § 336.9-102, subd. 52 (2008), with respect to Trooiens interest in that Entity, until the entire balan ce on the Judgment is satisfied, such amounts as may from time to time become distributable or payable to Trooien by reason of his interest in that Entity pursuant to the encumbrance, lien, and charging order in favor of and for the benefit of Plaint iffs and payment of the Judgment dated December 21, 2009.2.At all subsequent times that such amounts described in paragraph 1 become distributable or payable to Trooien, each Entity shall file with the Court and serve on Plaintiffs a sworn answer rep orting such amounts and the current value of both the capital and income accounts attributable to the interest of Trooien in such Entity within fifteen days after the amounts become distributable or payable. 3.Within fifteen days from the date of thi s Order, each Entity shall file with the Court and serve on Plaintiffs an amended sworn answer reporting all amounts distributable or payable to Trooien and the value of both the capital and income accounts attributable to the interest of Trooien in such Entity as of August 31, 2010.4.To the extent not produced to Plaintiffs as of September 2, 2010, each of the Entities shall produce, no later than fifteen days from the date of this Order, to Plaintiffs through their counsel, a copy of the organ izational documents of such Entity including, any bylaws, member control agreement, contribution agreement, resolutions, buy-sell agreement and any other agreement that may in any way affect the interest of Trooien as a partner, a limited partner, a member, or an owner of an interest in such Entity, along with true evidence of the value of the capital and income accounts attributable to the interest of Trooien and the financial statements of the Entity and all tax returns filed in connection wit h the Entity for the most recent three years.5.The Court reserves jurisdiction to enter all further orders against the Entities as may be necessary to facilitate collection of all amounts distributable or payable to Trooien by reason of his interest in any Entity pursuant to the encumbrance, lien, and charging order granted in favor of and for the benefit of Plaintiffs under the Order, including, but not limited to, appointment of a receiver, foreclosure of Plaintiffs liens granted by such Order , or the requirement that any Entity provide information including, without limitation, financial statements of the Entity and tax returns filed in connection with the Entity. (Written Opinion). Signed by Judge Joan N. Ericksen on September 2, 2010. (slf)
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Filing
44
ORDER : IT IS ORDERED THAT:1.Plaintiffs Motion for Charging Order [Docket No. 29] is GRANTED.2.The individual interests of Gerald L. Trooien in the Entities are subjected to an encumbrance, a lien, and a charging order in favor of and for the benefit of Plaintiffs for payment of the Judgment dated December 21, 2009. Plaintiffs, having acquired a lien against Trooiens interests in the Entities pursuant to this Order, are each deemed a lien creditor within the meaning of Minn. Stat. § 336.9- 102, subd. 52 (2008), with respect to Trooiens interests in the Entities. 3.Plaintiffs shall serve a copy of this Order on each Entity through its registered agent or another party authorized to accept service on behalf of the Entity.4.Within fifteen days from the date this Order is served on an Entity, that Entity shall file with the Court and serve on Plaintiffs a sworn answer reporting all amounts distributable or payable to Trooien, at the time of service of this Order, attributable to his i nterest in such Entity. The sworn answer shall also state the value, at the time of service of this Order, of both the capital and the income accounts attributable to the interest of Trooien in such Entity. At all subsequent times that such amounts become distributable or payable to Trooien, the Entity shall file with the Court and serve on Plaintiffs a sworn answer reporting such amounts and the value of both the capital and income accounts attributable to the interest of Trooien in such Enti ty within fifteen days after the amounts become distributable or payable.5.Each Entity served with a copy of this Order shall appear before the Court at a hearing set for Thursday, September 2, 2010, at 11:00 a.m. in Courtroom 12W of the United State s Courthouse, 300 South Fourth Street, Minneapolis, MN 55415, for the purpose of showing cause, if any, why an order of the Court should not be entered requiring each such Entity to pay over to Plaintiffs, until the entire balance on the Judgment is satisfied, such amounts as may from time to time become distributable or payable to Trooien by reason of his interest in that Entity.6.At or in advance of the September 2 hearing, Trooien and each Entity served with a copy of this Order shall produce to Plaintiffs a copy of the organizational documents of such Entity including any bylaws, member control agreement, contribution agreement, resolutions, buy-sell agreement, and any other agreement that may in any way affect the interest of Trooien a s a partner, a limited partner, a member, or an owner of an interest in such Entity, along with evidence of the value of the capital and income accounts attributable to the interest of Trooien and the financial statements of the Entity and all tax re turns filed in connection with the Entity for the most recent three years.7.The Court reserves jurisdiction to enter further orders as may be necessary, including, but not limited to, appointment of a receiver or foreclosure of Plaintiffs liens granted by this Order. (Written Opinion) Signed by Judge Joan N. Ericksen on July 28, 2010. (slf)
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Filing
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ORDER granting 16 Motion for Summary Judgment. IT IS ORDERED THAT:1.Plaintiffs Motion for Summary Judgment [Docket No. 16] is GRANTED.2.JLT and Trooien are jointly and severally liable to GECPAC in the amount of $13,139,252.74 for their oblig ations under the Gulfstream agreement; for an additional $6,275.71 per day in post-default interest for each day after August 6, 2009, until the date of entry of judgment; and for interest as set forth in 28 U.S.C. § 1961(a) after the entry of judgment until payment is made. 3.No. 1074 and Trooien are jointly and severally liable to GE Capital in the amount of $4,723,826.92 for their obligations under the Challenger agreement; for an additional $2,285.48 per day in post-defa ult interest for each day after August 6, 2009, until the date of entry of judgment; and for interest as set forth in 28 U.S.C. § 1961(a) after the entry of judgment until payment is made. 4.Defendants are jointly and severally liable to GE Cap ital in the amount of $46,023.10 for Plaintiffs reasonable attorney fees and costs incurred in enforcing their rights under the Gulfstream and Challenger agreements. LET JUDGMENT BE ENTERED ACCORDINGLY. (Written Opinion). Signed by Judge Joan N. Ericksen on December 18, 2009. (slf)
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Filing
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ORDER granting 6 Motion to Replevin Property(Written Opinion). Signed by Judge Joan N. Ericksen on June 25, 2009. (slf)
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Filing
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STIPULATED TEMPORARY RESTRAINING ORDER(Written Opinion). Signed by Judge Joan N. Ericksen on May 22, 2009. (slf)
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