Free Letter - District Court of Delaware - Delaware

Case 1 :07-cv-00037-JJF Document 18 Filed 12/14/2007 Page 1 of 2
Eckert Seamans Cherin gl l\/Iellott, LLC ret 302 425 0430
r zas 300 Delaware Avenue, Suite 1210 FAX 302 425 0432
Wilmington, DE 19801 www/.ecl I I Margaret F. England
Direct Diaz.- (302) 425-0430
i menglc1rLd@eckerIseam¢212.s. com
December 14, 2007
VIA HAND DELIVERY I
The Honorable Joseph J. Farnan, Jr.
United States District Court
District of Delaware
J. Caleb Boggs Federal Building
844 North King Street, Room 4124
Lockbox 27
Wilmington, DE 19801
Re: Atlasjet v. EADS Aeroframe Services, et al.
Case N0. 07-cv—00037-JJF
Dear Judge Farnan:
We represent the plaintiff, Atlasj et, in the above-referenced matter and I am writing to request
leave from the Court’s requirement of filing the Rule l6(b) statement at this time.
In this case, Plaintiff leased an aircraft from ACG Acquisition XX LLC ("ACG" or "lessor").
Pursuant to the Lease Agreement between ACG and Plaintiff, ACG authorized Plaintiff to pursue
any claim under any warranty or customer and/or product support with respect to any defect
affecting the Aircraft or any engine. ACG had a maintenance agreement with Defendant EADS
Aeroframe Services, LLC, which applied to the damaged plane at issue in the case. EADS
Aeroframe performed maintenance on the Aircraft before it was delivered to Plaintiff The
Aircraft was improperly serviced, and since the Lease Agreement assigned the rights to enforce
the Maintenance Agreement, Plaintiff brings the current action.
The above—referenced case was filed as a protective measure in Delaware, given that the
Defendant, EADS Aeroframe Services, LLC had been sold, but still existed as a legal entity, at
least in Delaware. The action was also filed in New York, as the agreement between Plaintiff
and the Defendant stipulated New York as the appropriate jurisdiction. The parent company and
purchaser of the defunct Defendant have filed in New York a Motion to Dismiss, asserting that
the action should be dismissed in that state and/or transferred to Louisiana. The matter is
awaiting a decision before the Honorable Richard J. Sullivan as to whether jurisdiction can be
WILMINGTON, DE PlTTSl3URGl·l,.PA HARRISBURG, PA PHIl.ADELPl·llA, PA BOSTON, l\/IA WASHINGTON, DC
IVIORGANTOVVN, WV SOUTHPOINTE, PA WHITE PLAINS, NY

Case 1 :07-cv-00037-JJF Document 18 Filed 12/14/2007 Page 2 of 2 »
r N§
The Honorable Joseph J. Farnan, Jr.
December 13, 2007
Page 2 .
maintained in New York. We are waiting for the motion to be heard and, pending its outcome,
the action in Delaware may be dismissed.
If the Court views it necessary, we will tile a motion to stay the action here in Delaware pending
the ruling in New York. However, at this time we seek leave from the Court’s requirement of
tiling the Rule l6(b) statement.
Thank you for your consideration in this matter.
Very truly yours, p
i l *»,V<»€./l “ · . I i`
¤/ ll l Qr it 1 T
Margaret F. England G `
MFE/alc
` cc: Lee Harrington, Nixon Peabody (via facsimile and U.S. Mail postage paid)
Thomas J. Whalen
Laura G. Stover
WILMINGTON, DE PITTSBURGH, PA HARRISBURG, PA Pl-HLADELPHIA, PA BOSTON, I\/lA WASHINGTON, DC
MORGANTOWN, WV SOUTHPOINTE, PA ALCOA CENTER, PA