KeyBank National Association v. JE SPE 5399 LLC et al
| KeyBank National Association |
| JE SPE 5399 LLC, TVPX Aircraft Solutions Inc. and Moshe Silber |
| 1:2024cv02609 |
| April 5, 2024 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Contract: Other |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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This docket was last retrieved on June 28, 2024. A more recent docket listing may be available from PACER.
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| Filing 24 SUMMONS RETURNED EXECUTED Summons and Complaint,,, served. TVPX Aircraft Solutions Inc. served on 4/26/2024, answer due 5/17/2024. Document filed by KeyBank National Association..(Hawkins, Jonathan) |
| Filing 23 SUMMONS RETURNED EXECUTED Summons and Complaint,,, served. JE SPE 5399 LLC served on 5/3/2024, answer due 5/24/2024. Document filed by KeyBank National Association..(Hawkins, Jonathan) |
| Filing 22 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNECE proceeding held on 4/8/2024 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....(McGuirk, Kelly) |
| Filing 21 TRANSCRIPT of Proceedings re: CONFERNECE held on 4/8/2024 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Doug Colavito, (212) 805-0320. 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 5/23/2024. Redacted Transcript Deadline set for 6/3/2024. Release of Transcript Restriction set for 7/31/2024..(McGuirk, Kelly) |
| Filing 20 CERTIFICATE OF SERVICE of Summons and Complaint,,,. Moshe Silber served on 4/25/2024, answer due 5/16/2024. Service was accepted by Sheldon Gopstein. Service was made by Mail. Document filed by KeyBank National Association..(Hawkins, Jonathan) |
| Filing 19 CERTIFICATE OF SERVICE of Motion to Confirm Order of Seizure served on JE SPE 5399, LLC, TVPX Aircraft Solutions Inc., Moshe Silber and non-party Akiri Funds LLC on April 25, 2024 and May 1, 2024. Service was made by Mail. Document filed by KeyBank National Association..(Hawkins, Jonathan) |
| Filing 18 MEMORANDUM OF LAW in Support re: #15 MOTION to Confirm Order of Seizure re: #13 Order,,,,,,,, . . Document filed by KeyBank National Association. (Attachments: #1 Proposed Order Proposed Order).(Tuggle, Curtis) |
| Filing 17 DECLARATION of Curtis L. Tuggle in Support re: #15 MOTION to Confirm Order of Seizure re: #13 Order,,,,,,,, .. Document filed by KeyBank National Association. (Attachments: #1 Exhibit A - Akiri Notice, #2 Exhibit B - Gopstein Email, #3 Exhibit C - April 19th Follow-up Email, #4 Exhibit D - Douglas Notice, #5 Exhibit E - Douglas Response, #6 Exhibit F - Akiri Counsel Email, #7 Exhibit G - Gopstein Insurance Cancellation Notice).(Tuggle, Curtis) |
| Filing 16 DECLARATION of Alberto Sanchez in Support re: #15 MOTION to Confirm Order of Seizure re: #13 Order,,,,,,,, .. Document filed by KeyBank National Association..(Tuggle, Curtis) |
| Filing 15 MOTION to Confirm Order of Seizure re: #13 Order,,,,,,,, . Document filed by KeyBank National Association..(Tuggle, Curtis) |
| Filing 14 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent KeyCorp for KeyBank National Association. Document filed by KeyBank National Association..(Tuggle, Curtis) |
| Filing 12 AFFIDAVIT OF SERVICE of Order for Immediate Possession and Injunction, Memorandum of Law in Support of Plaintiffs Ex Parte Motion for an Order of Immediate Possession, Replevin, and Injunctive Relief, Declaration of Alberto Sanchez with exhibits, and Verfied Complaint with Exhibits served on JE SPE 5399, LLC, TVPX Aircraft Solutions Inc., not in its individual capacity, but solely as Owner Trustee under the 2022 MSN 5399 Statutory Trust, and Moshe Silber on April 10, 2024. Service was made by Mail. Document filed by KeyBank National Association. (Attachments: #1 Exhibit A - Copies of April 10, 2024 FedEx delivery Receipts).(Tuggle, Curtis) |
Filing 13
ORDER FOR IMMEDIATE POSSESSION AND INJUNCTION: Based on the provisional findings, it is hereby adjudged, decreed, and ORDERED that the Motion is Granted; and it is further ORDERED that KeyBank is entitled to, and shall have, IMMEDIATE POSSESSION of the Aircraft and Aircraft Documents, and JE SPE and TVPX shall (and shall cause their contractors, agents, and employees to) forthwith turn over possession of the Aircraft and Aircraft Documents to KeyBank, or to agents designated by KeyBank, and forthwith take all actions necessary to allow KeyBank to obtain access and possession to the Aircraft and Aircraft Documents, including terminating leases and sub-leases, if any remain, and obtaining the Aircraft and Aircraft Documents from third-party sub-lessees, operators, maintenance managers, or other contractors in possession or control of the Aircraft and/or and Aircraft Documents; and it is further ORDERED that JE SPE and TVPX shall immediately disclose the precise location of the Aircraft and Aircraft Documents to KeyBank or to agents designated by KeyBank in order for KeyBank to reclaim the same; and it is further ORDERED that that JE SPE and TVPX and any and all persons/entities who are in active concert or participation with JE SPE and/or TVPX 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, Aircraft Documents, and other Collateral of KeyBank; (ii) preventing KeyBank from taking any action necessary to retake possession of the Aircraft, Aircraft Documents, and other Collateral of KeyBank; and (iii) taking any steps with respect to the registration or airworthiness of the Aircraft except as agreed to by KeyBank; and it is further ORDERED that JE SPE and TVPX shall immediately TURNOVER to KeyBank all Aircraft Documents, including those necessary for it to obtain a Certificate of Airworthiness, and other Collateral of KeyBank; and further set forth in this Order. (Signed by Judge Katherine Polk Failla on 4/8/2024) (rro)
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| Filing 11 NOTICE OF APPEARANCE by Jonathan Scott Hawkins on behalf of KeyBank National Association..(Hawkins, Jonathan) |
| Filing 10 CIVIL COVER SHEET filed..(Tuggle, Curtis) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to TVPX Aircraft Solutions Inc...(jgo) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Moshe Silber..(jgo) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to JE SPE 5399 LLC..(jgo) |
| Filing 6 ***EX-PARTE***PROPOSED TEMPORARY RESTRAINING ORDER. Document filed by KeyBank National Association. (Attachments: #1 Affidavit Declaration of Alberto Sanchez, #2 Exhibit 1 - News Articles, #3 Exhibit 2 - Information -Drillman, #4 Exhibit 3 - Steves Masonry, Inc. v. 1092 Haverstraw Owner LLC and Mark Silber, #5 Exhibit 4 - Waiver of Rights to Notice and Bond, #6 Affidavit Declaration of Curtis Tuggle, #7 Supplement Memorandum of Law in Support) Motion or Order to File Under Seal: .(Tuggle, Curtis) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to TVXP Aircraft Solutions Inc., re: #1 Complaint,,,. Document filed by KeyBank National Association..(Tuggle, Curtis) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Moshe Silber, re: #1 Complaint,,,. Document filed by KeyBank National Association..(Tuggle, Curtis) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to JE SPE 5399 LLC, re: #1 Complaint,,,. Document filed by KeyBank National Association..(Tuggle, Curtis) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Tuggle, Curtis) Modified on 4/5/2024 (jgo). |
| Filing 1 COMPLAINT against JE SPE 5399 LLC, Moshe Silber, TVPX Aircraft Solutions Inc.. (Filing Fee $ 405.00, Receipt Number ANYSDC-29182236)Document filed by KeyBank National Association. (Attachments: #1 Exhibit A - Operating Lease Agreement, #2 Exhibit B - FAA registration, #3 Exhibit C - Airframe International Registry, #4 Exhibit D - Engine's International Registration, #5 Exhibit E - Aircraft Loan Agreement, #6 Exhibit F - Promissory Note, #7 Exhibit G - Security Agreement, #8 Exhibit H - Guaranty, #9 Exhibit I - Consents to Aircraft Lease's and Assignment's and Agreement, #10 Exhibit J - Borrower Demand Letter, #11 Exhibit K - Guarantor Demand Letter, #12 Exhibit L - TVPX Demand Letter).(Tuggle, Curtis) |
| ***NOTICE TO COURT REGARDING PROPOSED TEMPORARY RESTRAINING ORDER. Document No. #6 Proposed Temporary Restraining Order,, was reviewed and approved as to form. (nd) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Curtis Lee Tuggle. The following case opening statistical information was erroneously selected/entered: Dollar Demand $24,591,596,000;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $9,999,000;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Curtis Lee Tuggle to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the form used for the civil cover sheet is not the S.D.N.Y. Civil Cover Sheet form dated October 1, 2020;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Curtis Lee Tuggle. The party information for the following party/parties has been modified: TVPX Aircraft Solutions Inc.. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly;. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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..(jgo) |
| Magistrate Judge Katharine H. Parker is designated to handle matters that may be referred in this case. 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. (jgo) |
| Case Designated ECF. (jgo) |
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