BCC Equiptment Leasing Corporation v. Lilac Wing Limited et al
| ABC and BCC Equiptment Leasing Corporation |
| DEF, Lilac Wing Limited and Airbridgecargo Airlines LLC. |
| 1:2022cv02243 |
| March 18, 2022 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Louis L Stanton |
| 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 April 5, 2022. A more recent docket listing may be available from PACER.
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Filing 19
ORDER FOR ADMISSION PRO HAC VICE granting #14 Motion for Jason Bell to Appear Pro Hac Vice. (Signed by Judge Louis L. Stanton on 4/5/2022) (rro)
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Filing 18
ORDER FOR ADMISSION PRO HAC VICE granting #15 Motion for Marc D. Latman to Appear Pro Hac Vice. (Signed by Judge Louis L. Stanton on 4/5/2022) (rro)
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| Case Designated ECF. (gp) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #14 MOTION for Jason Bell to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff., #15 MOTION for MARC LATMAN to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
| Filing 17 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Airbridgecargo Airlines LLC., Lilac Wing Limited. Document filed by BCC Equiptment Leasing Corporation. ***Previously filed under seal in envelope #4, and unsealed by docket entry 5*** Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..(js) |
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Filing 16
EX PARTE ORDER FOR IMMEDIATE POSSESSION OF AIRCRAFT AND INJUNCTION: Accordingly, it is hereby: ORDERED that BCC is entitled to, and shall have, IMMEDIATE POSSESSION of the Off-Wing Engines located in Hong Kong (the Engines bearing engine serial numbers 959469 and 959470) and Scotland (the Engine bearing engine serial number 959450), and all engine documentation with respect to the Off-Wing Engines (including, without limitation, all logs, manuals, data, inspection and maintenance records, and other records with respect to the Off-Wing Engines, collectively the "Documentation"), and all parts and spare parts associated with the Off-Wing Engines; and it is further ORDERED, that Defendants and all persons who are in active concert or participation with them 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 Off-Wing Engines other than as may be directed by BCC, or to interfere in any way with BCC's possession of the Off-Wing Engines; (ii) preventing BCC from taking any action necessary to retake possession of the Off-Wing Engines and move them by any commercially reasonable means from Hong Kong or Scotland ( or wherever they may be found) to an aircraft storage facility located in Victorville, California ( or such other location in the United States as BCC may dete1mine ); and (iii) taking any steps with respect to the registration of interests of the Off-Wing Engines except as may be agreed to in writing by BCC; and it is further ORDERED, that Defendants and persons who are in active conceit or participation with them and who receive actual notice of this Order, shall immediately TURNOVER to BCC the Off-Wing Engines and all Documentation for the Off-Wing Engines including that necessary to operate the Off-Wing Engines in international commercial aviation service; and it is fu1iher ORDERED that if BCC so directs, Defendants are to instruct and direct the maintenance facilities and entities holding the Off-Wing Engines, Hong Kong Aircraft Engineering Company Limited and GE Caledonian Ltd. and GE Engine Services LLC, to cooperate with the transfer of the Off-Wing Engines to BCC; and it is fu1iher ORDERED, that a copy of this Order, together with copies of the papers upon which it is based, shall be served upon Defendant Lilac Wing by personal delivery to its Process Agent appointed pursuant to the Head Lease, Corporation Service Company in New York, and Defendant AirBridgeCargo by personal delivery to its Process Agent appointed pursuant to the Sublease, Corporation Service Company in New York, so as to be received no later than March 29, 2022, at 5:00 p.m. and that such service shall be deemed good and sufficient; and it is further ORDERED, that, for good cause shown, the sealing Order entered on March 17, 2022, is hereby extended, such that the Civil action will remain under seal until March 29, 2022; and it is further ORDERED, that, pursuant to Article 20(5) of the CTC and the terms of the Section 19.07 of the Head Lease and Section 19.07 of the Sublease, no undertaking shall be required as AirBridgeCargo has waived any right for an undertaking. So Ordered. ***Previously filed under seal in envelope #3, and unsealed by docket entry 5*** (Signed by Judge Louis L. Stanton on 3/18/2022) (js)
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| Filing 15 MOTION for MARC LATMAN to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by BCC Equiptment Leasing Corporation. (Attachments: #1 DC, #2 NY, #3 Declaration, #4 Proposed Order for Pro Hac Vice)***Previously filed under seal in envelope #2, and unsealed by docket entry 5***. (js) |
| Filing 14 MOTION for Jason Bell to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by BCC equiptment Leasing Corporation (Attachments: #1 Declaration, #2 Certificate of good Standing, #3 Certificate of Good Standing, #4 Proposed Order for Admission Pro Hac Vice). ***Previously filed under seal in envelope #2, and unsealed by docket entry 5***(js) Modified on 3/30/2022 (js). |
| Filing 13 PROPOSED EX PARTE ORDER FOR IMMEDIATE POSSESSION OF AIRCRAFT AND INJUNCTION: ***Previously filed under seal in envelope #2, and unsealed by docket entry 5***.(js) |
| Filing 12 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR AN EX PARTE ORDER OF IMMEDIATE POSSESSION AND INJUNCTIVE RELIEF: Document filed by BCC Equiptment Leasing Corporation. ***Previously filed under seal in envelope #2, and unsealed by docket entry 5***.(js) |
| Filing 11 DECLARATION of EDWARD J. HEPPT. Document filed by BCC Equiptment Leasing Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J). ***Previously filed under seal in envelope #2, and unsealed by docket entry 5***.(js) |
| Filing 10 DECLARATION of MHER PAPYAN PH.D. ***Previously filed under seal in envelope #2, and unsealed by docket entry 5***.(js) |
| Filing 9 DECLARATION OF HELEN T. CHAO ***Previously filed under seal in envelope #2, and unsealed by docket entry 5***.(js) |
| Filing 8 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying The Boeing Company and Boeing Capital Corporation as Corporate Parents. Document filed by BCC Equiptment Leasing Corporation. ***Previously filed under seal in envelope #2, and unsealed by docket entry 5***.(js) |
| Filing 7 COMPLAINT against Airbridgecargo Airlines LLC., Lilac Wing Limited. Document filed by BCC Equiptment Leasing Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K). ***Previously filed under seal in envelope #2, and unsealed by docket entry 5***.(js) |
| Filing 6 CIVIL COVER SHEET filed. ***Previously filed under seal in envelope #2, and unsealed by docket entry 5***.(js) |
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Filing 5
ORDER.IT IS FURTHER ORDERED that the Civil action will be automatically unsealed on March 25, 2022, unless the Judge to whom it is assigned extends the sealing. IT IS FURTHER ORDERED the Clerk is directed to restrict access to this order to the selected party viewing level and close this case.(Signed by Judge Denise L. Cote on 03/17/2022)(jus)
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NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed without prejudice against the defendant(s) All Plaintiffs. (HEREBY ORDERED by Judge Louis L. Stanton) (Text Only Order) (jus)
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| Filing 4 SEALED DOCUMENT placed in vault..(jus) |
| Filing 3 SEALED DOCUMENT placed in vault..(jus) |
| Filing 2 SEALED DOCUMENT placed in vault..(jus) |
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Filing 1
***Sealed*** ORDER, Case sealed. (Signed by Judge Denise L. Cote on 03/17/2022) (jus)
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| Magistrate Judge Katharine H. Parker 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. (jus) |
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