BOC Aviation Limited v. AirBridgeCargo Airlines, LLC
| BOC Aviation Limited |
| AirBridgeCargo Airlines, LLC |
| 1:2022cv02070 |
| March 14, 2022 |
| US District Court for the Southern District of New York |
| Lewis J Liman |
| Contract: Other |
| 28 U.S.C. § 1331 bc Fed. Question: Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on June 12, 2023. A more recent docket listing may be available from PACER.
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Filing 33
ORDER granting #32 Letter Motion for Extension of Time to Answer re #32 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint & Request for Adjournment of Conference addressed to Judge Lewis J. Liman from John G. McCarthy dated May 3, 2022. The request is GRANTED. The deadline to respond to the complaint is extended to June 10, 2022. The telephone conference scheduled for May 26, 2022 at 3:00 p.m. is rescheduled to June 21, 2022 at 11 a.m. Parties are directed to dial into the Court's teleconference line at 888-251-2909 and use access code 2123101. AirBridgeCargo Airlines, LLC answer due 6/10/2022. (Signed by Judge Lewis J. Liman on 5/4/2022) (va)
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Set/Reset Hearings: Telephone Conference set for 6/21/2022 at 11:00 AM before Judge Lewis J. Liman. (va)
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Filing 32
LETTER MOTION for Extension of Time to File Answer & Request for Adjournment of Conference addressed to Judge Lewis J. Liman from John G. McCarthy dated May 3, 2022. Document filed by BOC Aviation Limited..(McCarthy, John)
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Filing 31
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/28/22 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti)
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Filing 30
TRANSCRIPT of Proceedings re: CONFERENCE held on 3/28/2022 before Judge Lewis J. Liman. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/17/2022. Redacted Transcript Deadline set for 5/27/2022. Release of Transcript Restriction set for 7/25/2022..(Moya, Goretti)
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Filing 29
ORDER granting #28 Letter Motion for Extension of Time to Answer re #28 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Lewis J. Liman from John G. McCarthy dated April 4, 2022.. All Defendants (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (Liman, Lewis)
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Filing 28
LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Lewis J. Liman from John G. McCarthy dated April 4, 2022. Document filed by BOC Aviation Limited..(McCarthy, John)
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Filing 27
NOTICE OF APPEARANCE by Gabrielle Yvonne Vazquez on behalf of AirBridgeCargo Airlines, LLC..(Vazquez, Gabrielle)
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Filing 23
ORDER, Case unsealed.The Court previously filed several orders under seal in this matter. On March 24, 2022, Plaintiff filed proof of service on the docket. Dkt. No. 22. Accordingly, Records Management is respectfully directed to upload the Courts sealed orders at Dkt. Nos. 12, 17, and 21 on the Electronic Case Filing system. SO ORDERED. (Signed by Judge Lewis J. Liman on 03/25/2022)(jus)
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Minute Entry for proceedings held before Judge Lewis J. Liman: Telephone Conference held on 3/28/2022. John McCarthy and Edward Heppt present by telephone for Plaintiff. No counsel appeared on behalf of defendant at conference. Court reporter present by telephone. Next Telephone Conference is scheduled for May 26, 2022 at 3:00PM before Judge Lewis J. Liman. (mf)
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Set/Reset Hearings: Telephone Conference set for 5/26/2022 at 03:00 PM before Judge Lewis J. Liman. (mf)
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Filing 26
EX PARTE ORDER FOR IMMEDIATE POSSESSION OF AIRCRAFT AND INJUNCTION: Accordingly, it is hereby: Accordingly, it is hereby: ORDERED that BOCA is entitled to, and shall have, IMMEDIATE POSSESSION of the Aircraft (including all engines installed on the Airframe), the Aircraft Documentation, and all spare parts for the Aircraft, subject to a judicial determination otherwise upon hearing from the Defendant; and it is further ORDERED that BOCA comply with Section 19.02 of the Lease if any of the engines installed on the Airframe is not an engine that BOCA leased to AirBridge; and it is furtherORDERED, that AirBridge and persons who are in active concert or participation with it and who receive actual notice of this order, shall, upon service of this Order in the manner described below, be immediately ENJOINED AND RESTRAINED from taking the following actions, alone or in concert with any person or entity: (i) attempting to exercise or exert any control over the Aircraft; (ii) preventing BOCA from taking any action necessary to retake possession of the Aircraft (including all engines installed on the Airframe) and ferry it from Hong Kong to an aircraft storage facility located in Pinal Airpark, Arizona; and (iii) taking any steps with respect to the registration or airworthiness of the Aircraft except as agreed to by BOCA; and it is further ORDERED, that Defendant shall immediately TURNOVER to BOCA all Aircraft Documentation including those necessary for it to obtain a Certificate of Airworthiness to ferry the Aircraft from Hong Kong to Arizona; and it is further ORDERED, that a copy of this Order, together with copies of the papers upon which it is based, shall be served upon Defendant by personal delivery to its Process Agent appointed pursuant to the Lease, Corporation Service Company, 1180 Avenue of the Americas, Suite 210, New York, New York 10036 so as to be received no later than March 21, 2022, at 1:00 p.m. and that such service shall be deemed good and sufficient; and it is further ORDERED, that, pursuant to Article 20(5) of the CTC and the terms of the Section 19.07 of the Lease, no undertaking shall be required as AirBridge has waived any right for an undertaking; and it is furtherORDERED, that, the parties shall appear for a telephonic conference before the Court on March 28, 2022 at 5:00 p.m. Parties are directed to dial into the Court's teleconference line at 888-251-2909 and use access code 2123101.This Order shall remain under seal until the earlier of the date on which service is effected on Defendant or the date on which Plaintiff takes possession. Plaintiff is hereby directed to inform the Court when the earlier of these two events takes place.***Document previously filed under seal in envelope #12 and unsealed by document 23*** (Signed by Judge Lewis J. Liman on 3/13/2022) (js)
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Filing 25
ORDER: It is hereby ORDERED that: The deadline for Plaintiff to file proof of service on Defendant shall be extended to 5:00 p.m. EDT on March 24, 2022; All documents currently under seal shall remain under seal until the earlier of the date on which proof of service is filed, on which Plaintiff learns that Defendant has received the documents from the process agent, or on which Plaintiff takes possession of the Aircraft; and This Order shall be filed under seal and remain under seal until the Court directs otherwise. So Ordered. ***Document previously filed under seal in envelope #21 and unsealed by document 23*** (Signed by Judge Lewis J. Liman on 3/22/2022) (js) (Main Document 25 replaced on 3/29/2022) (js). (Main Document 25 replaced on 3/29/2022) (js).
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Filing 24
ORDER: It is hereby ORDERED that: The deadline for service on Defendant shall be extended to noon EDT on March 23, 2022; The hearing transcript and March 13, 2022 Ex Parte Order for Immediate Possession of Aircraft and Injunction shall continue to remain under seal until the earlier of the date on which it is confirmed that service has been effected on Defendant or the date on which Plaintiff takes possession of the Aircraft; and This Order shall be filed under seal and remain under seal until the Court directs otherwise. ***Document previously filed under seal in envelope #17 and unsealed by document 23*** (Signed by Judge Lewis J. Liman on 3/17/2022) (js)
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Filing 22
SUMMONS RETURNED EXECUTED Summons and Complaint served. AirBridgeCargo Airlines, LLC served on 3/16/2022, answer due 4/6/2022. Service was accepted by Dwight Coots, Employee of Corporation Service Company. Document filed by BOC Aviation Limited..(Heppt, Edward)
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Filing 21
SEALED DOCUMENT placed in vault. (nmo)
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Filing 20
ORDER granting #18 Letter Motion to Seal (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (kc)
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Filing 19
***EX-PARTE***DECLARATION re: #18 LETTER MOTION to Seal addressed to Judge Lewis J. Liman from John G. McCarthy dated March 22, 2022. . Document filed by BOC Aviation Limited. Motion or Order to File Under Seal: #18 .(McCarthy, John)
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Filing 18
LETTER MOTION to Seal addressed to Judge Lewis J. Liman from John G. McCarthy dated March 22, 2022. Document filed by BOC Aviation Limited..(McCarthy, John)
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Filing 17
SEALED DOCUMENT placed in vault..(jus)
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Filing 16
ORDER granting #14 Letter Motion to Seal (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (kc)
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Filing 15
***EX-PARTE***DECLARATION re: #14 LETTER MOTION to Seal addressed to Judge Lewis J. Liman from John G. McCarthy dated March 17, 2022. . Document filed by BOC Aviation Limited. (Attachments: #1 Exhibit A)Motion or Order to File Under Seal: #14 .(McCarthy, John)
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Filing 14
LETTER MOTION to Seal addressed to Judge Lewis J. Liman from John G. McCarthy dated March 17, 2022. Document filed by BOC Aviation Limited..(McCarthy, John)
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Filing 13
MEMORANDUM OF LAW in Support re: #4 Proposed Order to Show Cause With Emergency Relief (Corrected version replacing Dkt. # 8). Document filed by BOC Aviation Limited..(McCarthy, John)
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Filing 12
SEALED DOCUMENT placed in vault. (nmo)
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Minute Entry for proceedings held before Judge Lewis J. Liman: Telephone Conference held on 3/14/2022. John McCarthy and Edward Heppt present by telephone for Plaintiff. Court reporter present by telephone. (mf)
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Filing 11
LETTER MOTION for Oral Argument relating to ex parte motion for emergency order of possession and injunctive relief addressed to Judge Lewis J. Liman from John G. McCarthy dated March 14, 2022. Document filed by BOC Aviation Limited..(McCarthy, John)
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Filing 10
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by BOC Aviation Limited..(Heppt, Edward)
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Filing 9
NOTICE OF APPEARANCE by Edward Joseph Heppt on behalf of BOC Aviation Limited..(Heppt, Edward)
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Filing 8
MEMORANDUM OF LAW in Support re: #4 Proposed Order to Show Cause With Emergency Relief . Document filed by BOC Aviation Limited..(McCarthy, John)
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Filing 7
ELECTRONIC SUMMONS ISSUED as to AirBridgeCargo Airlines, LLC..(gp)
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Filing 6
DECLARATION of John G. McCarthy in Support re: #4 Proposed Order to Show Cause With Emergency Relief. Document filed by BOC Aviation Limited. (Attachments: #1 Exhibit A- Excepts of EU Regulation 2022/328, #2 Exhibit B- CTC Article 2, #3 Exhibit C- CTC Article 3, #4 Exhibit D- UNIDROIT, #5 Exhibit E- CTC Article 16, #6 Exhibit F- CTC Article 20, #7 Exhibit G- Official Commentary on the CTC excerpts, #8 Exhibit H- CTC Practitioners Guide excerpts, #9 Exhibit I- Declarations related to UNIDROIT Article 55).(McCarthy, John)
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Filing 5
DECLARATION of David Walton in Support re: #4 Proposed Order to Show Cause With Emergency Relief. Document filed by BOC Aviation Limited. (Attachments: #1 Exhibit A- Lease Agreement, #2 Exhibit B- E-mails, #3 Exhibit C- Cancellation Notice - 3/3/2022, #4 Exhibit D- Grounding Notice - 3/5/2022, #5 Exhibit E- Termination Notice - 3/6/2022, #6 Exhibit F- Letter from AirBridge - 3/6/2022, #7 Exhibit G- 2nd Termination Notice - 3/11/2022).(McCarthy, John)
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Filing 4
PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by BOC Aviation Limited..(McCarthy, John) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to AirBridgeCargo Airlines, LLC, re: #1 Complaint. Document filed by BOC Aviation Limited..(McCarthy, John)
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Filing 2
CIVIL COVER SHEET filed..(McCarthy, John)
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Filing 1
COMPLAINT against AirBridgeCargo Airlines, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-25854137)Document filed by BOC Aviation Limited..(McCarthy, John)
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Magistrate Judge Sarah L. Cave is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (gp)
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Magistrate Judge Stewart D. Aaron is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (gp)
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Case Designated ECF. (gp)
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***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #4 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (nd)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis J. Liman. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(gp)
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| Plaintiff: BOC Aviation Limited | |
| Represented By: | Edward Joseph Heppt |
| Represented By: | John Gerard McCarthy, Sr |
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| Defendant: AirBridgeCargo Airlines, LLC | |
| Represented By: | Gabrielle Yvonne Vazquez |
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