Free Other Notice - District Court of Arizona - Arizona

FORM B-2

TRANSLATION FROM SPANISH

THE UNITED MEXICAN STATES

FEDERAL JUDICIAL BRANCH

On the twenty-ninth of September two thousand and five, the Court Clerk, Miss Sara Mercedes Neira Gonzalez, gave a report to the Judge, Mr. Mario Oscar Lugo Ramirez, with the motion registered with internal control number 22948.Attested. (Illegible signature) THE COURT CLERK

Toluca, State of Mexico, September twenty-ninth two thousand and five.

Having examined the motion in question, by means of which VIRGINIA BRONDO ROMERO, as legal representative of Servicios Integrales de Aviacion Sociedad Anonima de Capital Variable, states that the respondent authorities, the Federal Public Prosecutor attached to the Unit Specialized in the

Investigation of Transactions with Funds from Crime and Currency Falsification or Alteration, and the Property Administration and Sale Service of the Ministry of the Treasury and Public Finance, already know about the ruling passed on September twelfth this year, by means of which the plaintiff was granted the definitive suspension and the respondent authorities were ordered to immediately hand over the aircraft covered by the protective order proceedings from which these records are derived to the plaintiff and in the term of twenty-four hours inform this District Court of the respective compliance therewith, in virtue whereof she requests that the attached Judicial Actuary be commissioned to

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FORM B-2

appear in the hangars of the Federal Attorney General's Office, in order to return the aircraft in question to the plaintiffs by means thereof.

In virtue of the foregoing, add the order issued to the records so that it has the corresponding legal effects and, taking into consideration the allegations of the petitioner, notwithstanding the fact that the proof of notification of the official letters by which the interlocutory judgment passed on September twelfth two thousand and four is informed do not yet exist in the records, in which pursuant to Articles 124, 130, 136 and 138 of the Protective Orders Act and until the protective order proceedings are resolved with a final judgment, the definitive suspension was decreed in favor thereof, so that the respondent authorities immediately return the possession of the aircraft in question to the plaintiff and within the term of twenty-four hours prove to have complied with this decision; however, as evidenced by the plaintiff, the interlocutory judgment in question has already been informed to at least the authorities indicated in the first paragraph of this ruling, whereas the Federal Public Prosecutor attached to the Unit Specialized in the Investigation of Transactions with Funds from Crime and Currency Falsification or Alteration of the Specialized Organized Crime Investigation Assistant Attorney General's Office filed a motion for review against it; under these conditions and based on Articles 143, 104 and 105 of the Protective Orders Act, require the respondent authorities in question so that within the term of TWENTY-FOUR HOURS, counted as of the effective time of the legal notification of this ruling, comply with the interlocutory judgment passed in this motion for suspension, being warned that in the case of failing to do so the provisions of the article in question will be followed and the requirements will be made to his Hierarchical Superior, and, if applicable, THE CASE RECORDS WILL BE SENT to the Higher Court to initiate the corresponding proceeding, which may lead to the application on the respondent authorities of the sanctions contained in Article 107, section XVI of the Constitution, i.e. HIS REMOVAL FROM THE POSITION AND HIS REMANDING TO THE CORRESPONDING DISTRICT JUDGE.

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To this regard, Articles 105 and 107 of the Protective Orders Act state the following:

"Article 105.-... When the final judgment is not obeyed, despite the requirements referred to in the foregoing paragraph, the district judge, the authority that judged the proceeding or the Three-Judge Circuit Court, accordingly, will send the original case file to the Supreme Court of Justice, for the effects of Article 107, section XVI of the Federal Constitution, leaving certified copies thereof and of the evidence necessary to procure its exact and due compliance, pursuant to Article 111 of this Act."

"Article 107.I... XVI.- If once the protective order has been granted, the respondent authority insists on repeating the challenged act or attempts to elude the judgment of the federal authority, and the Supreme Court of Justice deems that the noncompliance is inexcusable, such authority will be immediately separated from its position and remanded to the corresponding District Judge. If it were to be excusable, following a statement of noncompliance or repetition, the Supreme Court will require the respondent authority and give it a prudent term in which to enforce the judgment in the granted term, the Supreme Court of Justice will proceed in the first indicated terms."

Without the foregoing preventing the filing of an appeal for revision against the aforementioned judgment, given that in accordance with the provisions of Article 139 of the legal ordinance in question, the granted suspension is immediately effective, even though the appeal in question is filed, i.e., that the appeal does not suspend the compliance that the respondent authorities must give to the granted preventive measure.

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FORM B-2

Given that the respondent authorities have their jurisdiction outside of the place of residence of this jurisdictional body, notify them of the relevant part of this ruling by means of urgent official telegram, so that they comply with such orders without delay, in the terms of the provisions of Article 31 of the Protective Order Act, irrespective of the fact that they receive the official notification by certified mail requesting the corresponding report by the same means and form.

Furthermore, they are required so that, once the communiqué has been received, by the same channel and within the term of twenty-four hours, they inform this Court of its reception, with the warning that in the case of failing to do so, a fine will be imposed of one thousand pesos, pursuant to Article 59, section I of the Code of Civil Procedure applied in a suppletory manner to the Governing Law, irrespective of the other sanctions corresponding thereto.

Finally, with regards to the request of the petitioner so that the attached Judicial Actuary is commissioned to appear in the hangars of the Federal Attorney General's Office, so that the aircraft covered by the suspension may be returned to the plaintiff, inform it that once the aforementioned procedures have been performed, the respective decision will be made.

LET IT BE KNOWN TO THE PARTIES.

Thus ruled and signed by Mr. MARIO OSCAR LUGO RAMIREZ, Justice of the Third District Protective Orders and Federal Civil Trials Court in the State of Mexico, assisted by the Court Clerk, Miss. Sara Mercedes Neira Gonzalez, who authorizes and attests.- I ATTEST TO THE FOREGOING. (Two illegible signatures)

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THE UNITED MEXICAN STATES

FEDERAL JUDICIAL BRANCH

URGENT OFFICIAL TELEGRAM

THE FEDERAL PUBLIC PROSECUTOR ATTACHED TO THE SPECIALIZED ORGANIZED CRIME INVESTIGATION ASSISTANT ATTORNEY GENERAL'S OFFICE, UNIT SPECIALIZED IN THE INVESTIGATION OF TRANSACTIONS WITH FUNDS FROM CRIME AND CURRENCY FALSIFICATION OR ALTERATION OF THE SPECIALIZED ORGANIZED CRIME INVESTIGATION ASSISTANT ATTORNEY GENERAL'S OFFICE OF THE FEDERAL ATTORNEY GENERAL'S OFFICE PROPERTY ADMINISTRATION AND SALE SERVICE OF THE MINISTRY OF THE TREASURY AND PUBLIC FINANCE. PROTECTIVE ORDERS SECTION CASE 147/2005-IV IN THE RECORDS OF THE MOTION FOR SUSPENSION OF PROTECTIVE ORDER PROCEEDINGS 147/2005-IV FILED BY VIRGINIA BRONDO ROMERO, IN HER STATUS AS LEGAL REPRESENTATIVE OF SERVICIOS INTEGRALES DE AVIACION S.A. DE C.V., ON THIS DATE A RULING WAS PASSED THAT READS AS FOLLOWS: HAVING EXAMINED THE MOTION IN QUESTION, BY MEANS OF WHICH VIRGINIA BRONDO ROMERO, AS LEGAL REPRESENTATIVE OF SERVICIOS INTEGRALES DE AVIACION SOCIEDAD ANONIMA DE CAPITAL VARIABLE, STATES THAT THE RESPONDENT AUTHORITIES, THE FEDERAL PUBLIC PROSECUTOR ATTACHED TO THE UNIT SPECIALIZED IN THE INVESTIGATION OF TRANSACTIONS WITH FUNDS FROM CRIME AND CURRENCY FALSIFICATION OR ALTERATION, AND THE PROPERTY ADMINISTRATION AND SALE SERVICE OF THE MINISTRY OF THE TREASURY AND PUBLIC FINANCE, ALREADY KNOW ABOUT THE RULING PASSED ON SEPTEMBER TWELFTH THIS YEAR, BY MEANS OF WHICH THE PLAINTIFF WAS GRANTED THE DEFINITIVE SUSPENSION AND THE RESPONDENT AUTHORITIES WERE ORDERED TO IMMEDIATELY HAND OVER THE AIRCRAFT COVERED BY THE PROTECTIVE ORDER PROCEEDINGS FROM WHICH THESE RECORDS ARE DERIVED TO THE PLAINTIFF AND IN THE TERM OF TWENTY-FOUR HOURS INFORM THIS DISTRICT COURT OF THE RESPECTIVE COMPLIANCE THEREWITH, IN VIRTUE WHEREOF SHE REQUESTS THAT THE ATTACHED JUDICIAL ACTUARY BE COMMISSIONED TO APPEAR IN THE HANGARS OF

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THE FEDERAL ATTORNEY GENERAL'S OFFICE, IN ORDER TO RETURN THE AIRCRAFT IN QUESTION TO THE PLAINTIFFS BY MEANS THEREOF. IN VIRTUE OF THE FOREGOING, ADD THE ORDER ISSUED TO THE RECORDS SO THAT IT HAS THE CORRESPONDING LEGAL EFFECTS AND, TAKING INTO CONSIDERATION THE ALLEGATIONS OF THE PETITIONER, NOTWITHSTANDING THE FACT THAT THE PROOF OF NOTIFICATION OF THE OFFICIAL LETTERS BY WHICH THE INTERLOCUTORY JUDGMENT PASSED ON SEPTEMBER TWELFTH TWO THOUSAND AND FOUR IS INFORMED DO NOT YET EXIST IN THE RECORDS, IN WHICH PURSUANT TO ARTICLES 124, 130, 136 AND 138 OF THE PROTECTIVE ORDERS ACT AND UNTIL THE PROTECTIVE ORDER PROCEEDINGS ARE RESOLVED WITH A FINAL JUDGMENT, THE DEFINITIVE SUSPENSION WAS DECREED IN FAVOR THEREOF, SO THAT THE RESPONDENT AUTHORITIES IMMEDIATELY RETURN THE POSSESSION OF THE AIRCRAFT IN QUESTION TO THE PLAINTIFF AND WITHIN THE TERM OF TWENTY-FOUR HOURS PROVE TO HAVE COMPLIED WITH THIS DECISION; HOWEVER, AS EVIDENCED BY THE PLAINTIFF, THE INTERLOCUTORY JUDGMENT IN QUESTION HAS ALREADY BEEN INFORMED TO AT LEAST THE AUTHORITIES INDICATED IN THE FIRST PARAGRAPH OF THIS RULING, WHEREAS THE FEDERAL PUBLIC PROSECUTOR ATTACHED TO THE UNIT SPECIALIZED IN THE INVESTIGATION OF TRANSACTIONS WITH FUNDS FROM CRIME AND CURRENCY FALSIFICATION OR ALTERATION OF THE SPECIALIZED ORGANIZED CRIME INVESTIGATION ASSISTANT ATTORNEY GENERAL'S OFFICE FILED A MOTION FOR REVIEW AGAINST IT; UNDER THESE CONDITIONS AND BASED ON ARTICLES 143, 104 AND 105 OF THE PROTECTIVE ORDERS ACT, REQUIRE THE RESPONDENT AUTHORITIES IN QUESTION SO THAT WITHIN THE TERM OF TWENTY-FOUR HOURS, COUNTED AS OF THE EFFECTIVE TIME OF THE LEGAL NOTIFICATION OF THIS RULING, COMPLY WITH THE INTERLOCUTORY JUDGMENT PASSED IN THIS MOTION FOR SUSPENSION, BEING WARNED THAT IN THE CASE OF FAILING TO DO SO THE PROVISIONS OF THE ARTICLE IN QUESTION WILL BE FOLLOWED AND THE REQUIREMENTS WILL BE MADE TO HIS HIERARCHICAL SUPERIOR, AND, IF APPLICABLE, THE CASE RECORDS WILL BE SENT TO THE HIGHER COURT TO INITIATE THE CORRESPONDING PROCEEDING, WHICH MAY LEAD TO THE APPLICATION ON THE RESPONDENT AUTHORITIES OF THE SANCTIONS CONTAINED IN ARTICLE 107, SECTION XVI OF THE CONSTITUTION, I.E. HIS REMOVAL FROM THE POSITION AND HIS REMANDING TO THE CORRESPONDING DISTRICT JUDGE. TO THIS REGARD, ARTICLES 105 AND 107 OF THE PROTECTIVE ORDERS ACT STATE THE FOLLOWING: "ARTICLE 105.-...WHEN THE FINAL JUDGMENT IS NOT OBEYED, DESPITE THE REQUIREMENTS REFERRED TO IN THE FOREGOING PARAGRAPH, THE DISTRICT JUDGE, THE AUTHORITY THAT JUDGED THE PROCEEDING OR THE THREE-JUDGE CIRCUIT COURT, ACCORDINGLY, WILL SEND THE ORIGINAL CASE FILE TO THE SUPREME COURT OF JUSTICE, FOR THE EFFECTS OF ARTICLE 107, SECTION XVI OF THE FEDERAL CONSTITUTION, LEAVING CERTIFIED COPIES THEREOF AND 6 Case 2:04-cv-00363-JWS Document 120-2 Filed 10/13/2005 Page 6 of 17

OF THE EVIDENCE NECESSARY TO PROCURE ITS EXACT AND DUE COMPLIANCE, PURSUANT TO ARTICLE 111 OF THIS ACT." "ARTICLE 107.I...XVI.- IF ONCE THE PROTECTIVE ORDER HAS BEEN GRANTED, THE RESPONDENT AUTHORITY INSISTS ON REPEATING THE CHALLENGED ACT OR ATTEMPTS TO ELUDE THE JUDGMENT OF THE FEDERAL AUTHORITY, AND THE SUPREME COURT OF JUSTICE DEEMS THAT THE NONCOMPLIANCE IS INEXCUSABLE, SUCH AUTHORITY WILL BE IMMEDIATELY SEPARATED FROM ITS POSITION AND REMANDED TO THE CORRESPONDING DISTRICT JUDGE. IF IT WERE TO BE EXCUSABLE, FOLLOWING A STATEMENT OF NONCOMPLIANCE OR REPETITION, THE SUPREME COURT WILL REQUIRE THE RESPONDENT AUTHORITY AND GIVE IT A PRUDENT TERM IN WHICH TO ENFORCE THE JUDGMENT IN THE GRANTED TERM, THE SUPREME COURT OF JUSTICE WILL PROCEED IN THE FIRST INDICATED TERMS.". WITHOUT THE FOREGOING PREVENTING THE FILING OF AN APPEAL FOR REVISION AGAINST THE AFOREMENTIONED JUDGMENT, GIVEN THAT IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 139 OF THE LEGAL ORDINANCE IN QUESTION, THE GRANTED SUSPENSION IS IMMEDIATELY EFFECTIVE, EVEN THOUGH THE APPEAL IN QUESTION IS FILED, I.E., THAT THE APPEAL DOES NOT SUSPEND THE COMPLIANCE THAT THE RESPONDENT AUTHORITIES MUST GIVE TO THE GRANTED PREVENTIVE MEASURE. GIVEN THAT THE RESPONDENT AUTHORITIES HAVE THEIR JURISDICTION OUTSIDE OF THE PLACE OF RESIDENCE OF THIS JURISDICTIONAL BODY, NOTIFY THEM OF THE RELEVANT PART OF THIS RULING BY MEANS OF URGENT OFFICIAL TELEGRAM, SO THAT THEY COMPLY WITH SUCH ORDERS WITHOUT DELAY, IN THE TERMS OF THE PROVISIONS OF ARTICLE 31 OF THE PROTECTIVE ORDER ACT, IRRESPECTIVE OF THE FACT THAT THEY RECEIVE THE OFFICIAL NOTIFICATION BY CERTIFIED MAIL REQUESTING THE CORRESPONDING REPORT BY THE SAME MEANS AND FORM. FURTHERMORE, THEY ARE REQUIRED SO THAT, ONCE THE COMMUNIQUÉ HAS BEEN RECEIVED, BY THE SAME CHANNEL AND WITHIN THE TERM OF TWENTY-FOUR HOURS, THEY INFORM THIS COURT OF ITS RECEPTION, WITH THE WARNING THAT IN THE CASE OF FAILING TO DO SO, A FINE WILL BE IMPOSED OF ONE THOUSAND PESOS, PURSUANT TO ARTICLE 59, SECTION I OF THE CODE OF CIVIL PROCEDURE APPLIED IN A SUPPLETORY MANNER TO THE GOVERNING LAW, IRRESPECTIVE OF THE OTHER SANCTIONS CORRESPONDING THERETO. FINALLY, WITH REGARDS TO THE REQUEST OF THE PETITIONER SO THAT THE ATTACHED JUDICIAL ACTUARY IS COMMISSIONED TO APPEAR IN THE HANGARS OF THE FEDERAL ATTORNEY GENERAL'S OFFICE, SO THAT THE AIRCRAFT COVERED BY THE SUSPENSION MAY BE RETURNED TO THE PLAINTIFF, INFORM IT THAT ONCE THE AFOREMENTIONED PROCEDURES HAVE BEEN PERFORMED, THE RESPECTIVE DECISION WILL BE MADE. TOLUCA, STATE OF MEXICO; SEPTEMBER 29TH, 2005.

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THE CLERK OF THE THIRD DISTRICT PROTECTIVE ORDER AND FEDERAL CIVIL TRIALS COURT IN THE STATE OF MEXICO. (Illegible signature) SARA MERCEDES NEIRA GONZALEZ.

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FORM B-2

THE UNITED MEXICAN STATES

FEDERAL JUDICIAL BRANCH

On the third of October two thousand and five, the Court Clerk, Miss Sara Mercedes Neira Gonzalez, gave a report to the Judge, Mr. Mario Oscar Lugo Ramirez, with the official letters registered with internal control numbers 23226 and 23230.- ATTESTED.(Illegible signature) THE COURT CLERK

Toluca, State of Mexico, October third two thousand and five.

Having examined the first official letter in question, by means of which the General Integration and Supervision Coordinator of the Unit Specialized in the Investigation of Transactions with Funds from Crime and Currency Falsification or Alteration of the Specialized Organized Crime Investigation Assistant Attorney General's Office of the Federal Attorney General's Office, in virtue of official letter 6159-IV dated September twelfth two thousand and five, by means of which he was sent an authorized copy of the interlocutory judgment passed on the motion to modify the suspension due to newly-discovered facts, requests different information from the Legal Property Reception and Destination Coordinator of the Property Administration and Sale Service, regarding the aircraft covered by the granted suspension, in order to "know whether it is possible to comply"; in virtue whereof, add to the records for the corresponding legal effects, and tell the authority sending the letter that the granted suspension should be immediately observed, and not to speculate about whether or not it is able to do so, as it states, and therefore by telegraph and in the terms of Article 104 and 105 of the

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Protective Orders Act, it is required so that within the term of TWENTY-FOUR HOURS, counted as of the effective time of the legal notification of this ruling, it complies with the interlocutory judgment passed in this motion for suspension, being warned that in the case of failing to do so the provisions of the article in question will be followed and the requirements will be made to his Hierarchical Superior, and, if applicable, THE CASE RECORDS WILL BE SENT to the Higher Court to initiate the corresponding proceeding, which may lead to the application on the respondent authorities of the sanctions contained in Article 107, section XVI of the Constitution, i.e. HIS REMOVAL FROM THE POSITION AND HIS REMANDING TO THE CORRESPONDING DISTRICT JUDGE.

To this regard, Articles 105 and 107 of the Protective Orders Act state the following:

"Article 105.-... When the final judgment is not obeyed, despite the requirements referred to in the foregoing paragraph, the district judge, the authority that judged the proceeding or the Three-Judge Circuit Court, accordingly, will send the original case file to the Supreme Court of Justice, for the effects of Article 107, section XVI of the Federal Constitution, leaving certified copies thereof and of the evidence necessary to procure its exact and due compliance, pursuant to Article 111 of this Act."

"Article 107.I... XVI.- If once the protective order has been granted, the respondent authority insists on repeating the challenged act or attempts to elude the judgment of the federal authority, and the Supreme Court of Justice deems that the noncompliance is inexcusable, such authority will be immediately separated from its position and remanded to the corresponding District Judge. If it were to be excusable, following a statement of noncompliance or repetition, the

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FORM B-2

Supreme Court will require the respondent authority and give it a prudent term in which to enforce the judgment in the granted term, the Supreme Court of Justice will proceed in the first indicated terms."

Furthermore, so that, once the communiqué has been received, by the same channel and within the term of twenty-four hours, they inform this Court of its reception, with the warning that in the case of failing to do so, a fine will be imposed of one thousand pesos, pursuant to Article 59, section I of the Code of Civil Procedure applied in a suppletory manner to the Governing Law, irrespective of the other sanctions corresponding thereto.

On the other hand, having examined the official letter in question by means of which the MAIL ADMINISTRATOR OF TOLUCA, STATE OF MEXICO, submits her report regarding registered mail 105122, stating that it was sent outside of the jurisdiction of such administration. In virtue whereof, add to the records for the corresponding legal effects, a note indicating that the person sending the letter is in the process of complying with the requirement in question.

On the other hand, once again require her so that in a term of five days, calculated legally, she may send to this District Court the acknowledgement of receipt related to the aforementioned mail or a report on the procedure being carried out for its localization, being warned that in the case of failing to do so, a fine of one thousand pesos will be imposed, pursuant to Article 59, section I of the Federal Code of Civil Procedure, applied in a suppletory manner to the Governing Law of Articles 103 and 107 of the Constitution, in accordance with its 2nd article.

LET IT BE KNOWN TO THE PARTIES.

Thus ruled and signed by Mr. MARIO OSCAR LUGO RAMIREZ, Justice of the Third District Protective Orders and Federal Civil Trials Court in the State of

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FORM B-2

Mexico, assisted by the Court Clerk, Miss. Sara Mercedes Neira Gonzalez, who authorizes and attests.- I ATTEST TO THE FOREGOING. (Two illegible signatures)

ON OCT 2005 AT NINE HUNDRED HOURS, THE FOREGOING RULING WAS NOTIFIED TO THE PLAINTIFF THROUGH ITS LEGAL REPRESENTATIVE BY MEANS OF THE LIST PUT UP ON THE BULLETIN BOARD, PURSUANT TO THE PROVISIONS OF ARTICLE 28, SECTION III OF THE PROTECTIVE ORDERS ACT. I ATTEST TO THE FOREGOING.THE ACTUARY

(Illegible signature)
Armando Romero Reyes

ON OCT 2005 AT FOURTEEN HUNDRED HOURS TODAY, THE NOTIFICATION OF THE FOREGOING RULING IS RECORDED AS HAVING BEEN MADE TO THE PLAINTIFF THROUGH ITS LEGAL REPRESENTATIVE IN VIRTUE OF NOT HAVING APPEARED TO HEAR IT PERSONALLY, PURSUANT TO THE PROVISIONS OF ARTICLE 28, SECTION III OF THE PROTECTIVE ORDERS ACT. I ATTEST TO THE FOREGOING.THE ACTUARY

(Illegible signature)
Armando Romero Reyes 04 OCT 2005

(Illegible signature)
Armando Romero Reyes

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FORM B-1

THE UNITED MEXICAN STATES

FEDERAL JUDICIAL BRANCH

URGENT OFFICIAL TELEGRAM

GENERAL INTEGRATION AND SUPERVISION COORDINATOR OF THE UNIT SPECIALIZED IN THE INVESTIGATION OF TRANSACTIONS WITH FUNDS FROM CRIME AND CURRENCY FALSIFICATION OR ALTERATION OF THE SPECIALIZED ORGANIZED CRIME INVESTIGATION ASSISTANT ATTORNEY GENERAL'S OFFICE OF THE FEDERAL ATTORNEY GENERAL'S OFFICE PROTECTIVE ORDERS SECTION CASE 147/2005-IV IN THE RECORDS OF THE MOTION FOR SUSPENSION OF PROTECTIVE ORDER PROCEEDINGS 147/2005-IV FILED BY VIRGINIA BRONDO ROMERO, IN HER STATUS AS LEGAL REPRESENTATIVE OF SERVICIOS INTEGRALES DE AVIACION S.A. DE C.V., ON THIS DATE A RULING WAS PASSED THAT READS AS FOLLOWS: HAVING EXAMINED THE FIRST OFFICIAL LETTER IN QUESTION, BY MEANS OF WHICH THE GENERAL INTEGRATION AND SUPERVISION COORDINATOR OF THE UNIT SPECIALIZED IN THE INVESTIGATION OF TRANSACTIONS WITH FUNDS FROM CRIME AND CURRENCY FALSIFICATION OR ALTERATION OF THE SPECIALIZED ORGANIZED CRIME INVESTIGATION ASSISTANT ATTORNEY GENERAL'S OFFICE OF THE FEDERAL ATTORNEY GENERAL'S OFFICE, IN VIRTUE OF OFFICIAL LETTER 6159-IV DATED SEPTEMBER TWELFTH TWO THOUSAND AND FIVE, BY MEANS OF WHICH HE WAS SENT AN AUTHORIZED COPY OF THE INTERLOCUTORY JUDGMENT PASSED ON THE MOTION TO MODIFY THE SUSPENSION DUE TO NEWLY-DISCOVERED FACTS, REQUESTS DIFFERENT INFORMATION FROM THE LEGAL PROPERTY RECEPTION AND DESTINATION COORDINATOR OF THE PROPERTY ADMINISTRATION AND SALE SERVICE, REGARDING THE AIRCRAFT COVERED BY THE GRANTED SUSPENSION, IN ORDER TO "KNOW WHETHER IT IS POSSIBLE TO COMPLY"; IN VIRTUE WHEREOF, ADD TO THE RECORDS FOR THE CORRESPONDING LEGAL EFFECTS, AND TELL THE AUTHORITY SENDING THE LETTER THAT THE GRANTED SUSPENSION SHOULD BE IMMEDIATELY OBSERVED, AND NOT TO SPECULATE ABOUT WHETHER OR NOT IT IS ABLE TO DO SO, AS IT STATES, AND THEREFORE BY TELEGRAPH AND IN THE TERMS OF ARTICLE 104 AND 105 OF THE PROTECTIVE ORDERS ACT, IT IS REQUIRED SO THAT WITHIN THE TERM OF TWENTY-FOUR HOURS, COUNTED AS OF THE EFFECTIVE TIME OF THE

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FORM B-1

LEGAL NOTIFICATION OF THIS RULING, IT COMPLIES WITH THE INTERLOCUTORY JUDGMENT PASSED IN THIS MOTION FOR SUSPENSION, BEING WARNED THAT IN THE CASE OF FAILING TO DO SO THE PROVISIONS OF THE ARTICLE IN QUESTION WILL BE FOLLOWED AND THE REQUIREMENTS WILL BE MADE TO HIS HIERARCHICAL SUPERIOR, AND, IF APPLICABLE, THE CASE RECORDS WILL BE SENT TO THE HIGHER COURT TO INITIATE THE CORRESPONDING PROCEEDING, WHICH MAY LEAD TO THE APPLICATION ON THE RESPONDENT AUTHORITIES OF THE SANCTIONS CONTAINED IN ARTICLE 107, SECTION XVI OF THE CONSTITUTION, I.E. HIS REMOVAL FROM THE POSITION AND HIS REMANDING TO THE CORRESPONDING DISTRICT JUDGE. TO THIS REGARD, ARTICLES 105 AND 107 OF THE PROTECTIVE ORDERS ACT STATE THE FOLLOWING: "ARTICLE 105.-... WHEN THE FINAL JUDGMENT IS NOT OBEYED, DESPITE THE REQUIREMENTS REFERRED TO IN THE FOREGOING PARAGRAPH, THE DISTRICT JUDGE, THE AUTHORITY THAT JUDGED THE PROCEEDING OR THE THREE-JUDGE CIRCUIT COURT, ACCORDINGLY, WILL SEND THE ORIGINAL CASE FILE TO THE SUPREME COURT OF JUSTICE, FOR THE EFFECTS OF ARTICLE 107, SECTION XVI OF THE FEDERAL CONSTITUTION, LEAVING CERTIFIED COPIES THEREOF AND OF THE EVIDENCE NECESSARY TO PROCURE ITS EXACT AND DUE COMPLIANCE, PURSUANT TO ARTICLE 111 OF THIS ACT.". "ARTICLE 107.I... XVI.- IF ONCE THE PROTECTIVE ORDER HAS BEEN GRANTED, THE RESPONDENT AUTHORITY INSISTS ON REPEATING THE CHALLENGED ACT OR ATTEMPTS TO ELUDE THE JUDGMENT OF THE FEDERAL AUTHORITY, AND THE SUPREME COURT OF JUSTICE DEEMS THAT THE NONCOMPLIANCE IS INEXCUSABLE, SUCH AUTHORITY WILL BE IMMEDIATELY SEPARATED FROM ITS POSITION AND REMANDED TO THE CORRESPONDING DISTRICT JUDGE. IF IT WERE TO BE EXCUSABLE, FOLLOWING A STATEMENT OF NONCOMPLIANCE OR REPETITION, THE SUPREME COURT WILL REQUIRE THE RESPONDENT AUTHORITY AND GIVE IT A PRUDENT TERM IN WHICH TO ENFORCE THE JUDGMENT IN THE GRANTED TERM, THE SUPREME COURT OF JUSTICE WILL PROCEED IN THE FIRST INDICATED TERMS.". FURTHERMORE, SO THAT, ONCE THE COMMUNIQUÉ HAS BEEN RECEIVED, BY THE SAME CHANNEL AND WITHIN THE TERM OF TWENTY-FOUR HOURS, THEY INFORM THIS COURT OF ITS RECEPTION, WITH THE WARNING THAT IN THE CASE OF FAILING TO DO SO, A FINE WILL BE IMPOSED OF ONE THOUSAND PESOS, PURSUANT TO ARTICLE 59, SECTION I OF THE CODE OF CIVIL PROCEDURE APPLIED IN A SUPPLETORY MANNER TO THE GOVERNING LAW, IRRESPECTIVE OF THE OTHER SANCTIONS CORRESPONDING THERETO. ON THE OTHER HAND, HAVING EXAMINED THE OFFICIAL LETTER IN QUESTION BY MEANS OF WHICH THE MAIL ADMINISTRATOR OF TOLUCA, STATE OF MEXICO, SUBMITS HER REPORT REGARDING REGISTERED MAIL 105122, STATING THAT IT WAS SENT OUTSIDE OF THE JURISDICTION OF SUCH ADMINISTRATION. IN VIRTUE WHEREOF, ADD TO THE RECORDS FOR THE CORRESPONDING LEGAL EFFECTS, A NOTE INDICATING THAT THE PERSON SENDING THE LETTER IS IN THE PROCESS OF COMPLYING WITH 14 Case 2:04-cv-00363-JWS Document 120-2 Filed 10/13/2005 Page 14 of 17

FORM B-1

THE REQUIREMENT IN QUESTION. ON THE OTHER HAND, ONCE AGAIN REQUIRE HER SO THAT IN A TERM OF FIVE DAYS, CALCULATED LEGALLY, SHE MAY SEND TO THIS DISTRICT COURT THE ACKNOWLEDGEMENT OF RECEIPT RELATED TO THE AFOREMENTIONED MAIL OR A REPORT ON THE PROCEDURE BEING CARRIED OUT FOR ITS LOCALIZATION, BEING WARNED THAT IN THE CASE OF FAILING TO DO SO, A FINE OF ONE THOUSAND PESOS WILL BE IMPOSED, PURSUANT TO ARTICLE 59, SECTION I OF THE FEDERAL CODE OF CIVIL PROCEDURE, APPLIED IN A SUPPLETORY MANNER TO THE GOVERNING LAW OF ARTICLES 103 AND 107 OF THE CONSTITUTION, IN ACCORDANCE WITH ITS 2ND ARTICLE. TOLUCA, STATE OF MEXICO; SEPTEMBER 29TH, 2005. THE CLERK OF THE THIRD DISTRICT PROTECTIVE ORDER AND FEDERAL CIVIL TRIALS COURT IN THE STATE OF MEXICO. (Illegible signature) SARA MERCEDES NEIRA GONZALEZ.

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FORM B-1

THE UNITED MEXICAN STATES

FEDERAL JUDICIAL BRANCH

THE UNDERSIGNED CLERK OF THE THIRD DISTRICT PROTECTIVE ORDERS AND FEDERAL CIVIL PROCEEDINGS COURT IN THE STATE OF MEXICO, MRS. SARA MERCEDES NEIRA GONZALEZ.--------------------------------------------------------------------------- CERTIFIES --------------------------------------- ---------THAT THESE PHOTOCOPIES CONSISTING OF FOURTEEN PAGES OF TEXT ON ONE SIDE ONLY, DULY SEALED, NUMBERED AND INITIALED, ARE A TRUE REPRODUCTION OF THEIR ORIGINALS IN THE MOTION FOR SUSPENSION RELATED TO THE PROTECTIVE ORDER PROCEEDINGS 147/2005-IV FILED BY VIRGINIA BRONDO ROMERO IN HER STATUS AS LEGAL REPRESENTATIVE OF SERVICIOS INTEGRALES DE AVIACION S.A. DE C.V. AGAINST THE ACTS OF THE FEDERAL ATTORNEY GENERAL AND OTHER AUTHORITIES. WHICH IS CERTIFIED FOR THE CORRESPONDING LEGAL EFFECTS IN THE CITY OF TOLUCA ON THE SEVENTH DAY OF THE MONTH OF OCTOBER YEAR TWO THOUSAND AND FIVE. I ATTEST TO THE FOREGOING.

THE CLERK OF THE THIRD DISTRICT PROTECTIVE ORDERS AND FEDERAL CIVIL PROCEEDINGS COURT IN THE STATE OF MEXICO. (Illegible signature) SARA MERCEDES NEIRA GONZALEZ

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FORM B-1

(Seal in the bottom right corner containing the Mexican coatof-arms and the inscription: "THE UNITED MEXICAN STATES ­ THIRD DISTRICT PROTECTIVE ORDER AND FEDERAL CIVIL PROCEEDINGS COURT IN THE STATE OF MEXICO")
___________________________________

I, Michele Pagano, Expert Translator, duly qualified, and authorized by the Superior Court of Justice in Mexico City, with domicile at Río Elba 25-K, Col. Cuauhtémoc, México City, D.F., Tel. 5286-81-89 and 5286-29-02 (Fax), do hereby certify that the a foregoing true and is, to the best of my of knowledge the and

belief,

correct

translation

attached

document in Spanish.

Mexico, City, Federal District, October 13, 2005.

______________________________ Michele Pagano

17 Case 2:04-cv-00363-JWS Document 120-2 Filed 10/13/2005 Page 17 of 17