Free Objection - District Court of Arizona - Arizona

Allen B. Bickart State Bar #001033 P.O. Box 44005 Phoenix, AZ 85064 (602) 255-0330 Attorney for Claimant Servicios Integrales de Aviacion SA de CV IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA UNITED STATES OF AMERICA, v. 1. Plaintiff, Lear Jet, Model 31A, Serial Number 31A-244, U.S. Registration No. N224LJ; Agusta Helicopter, Model A 109E, Serial Number 11116, Mexican Registration Number XA-TSR; Cessna Caravan, Model 208B, Serial Number 208B-0941, Mexican Registration Number XA-TUF, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. CIV 04-363 PHX JWS

CLAIMANT'S OBJECTION TO ENTRY OF DEFAULT

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Servicios Integrales de Aviacion SA de CV, hereinafter "SIASA", by and through counsel undersigned, hereby objects to the entry of default on the part of the Government as to those certain aircraft listed in the schedule of aircrafts sought to be forfeited and, in particular, that certain Lear Jet Model 31A, Serial Number 224, U.S. Registration Number

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N224LJ upon the grounds and for the reasons that during the motion and pleading practice leading the Government to the belief that it had the right to enter a default as to all parties. The interests of SIASA was in no manner adjudicated and/or determined in favor of the Government. By virtue of a Statement of Interest and Claim filed on May 28, 2004 SIASA alleged affirmatively that it was the lessee of that certain Lear Jet Model 31A from Uptongrove, Ltd. and that SIASA utilized said aircraft prior to its seizure to give demonstration flights in order to obtain air charter services. SIASA likewise holds lease interests on the Augusta Helicopter Model A109E and the Cessna Caravan Model 208B. All of these aircraft when seized resulted in serious financial adversities to SIASA in that it was forced to look to other aircraft to lease to perform these services. At no time has the interests of SIASA either been adjudicated upon trial or upon motion practice in favor of the Government and the entry of default against SIASA would be inappropriate and premature. For the foregoing reasons, it is respectfully submitted that the application for default judgment on the part of the Government herein be denied if only to the extent as any such judgment would not apply to SIASA. In the Answer on file, by Uptongrove, Ltd. the interests of SIASA was disclosed as a leasehold for which monies were being paid to Uptongrove, Ltd. Any default judgment would deprive SIASA of its right to either a division of compensation or, in the alternative, damages for its loss of income by virtue of the Government's seizure. ...

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Respectfully submitted this 4th day of October, 2005. s/ Allen B. Bickart Allen B. Bickart Attorney at Law Copy of the foregoing mailed/delivered this 4th day of October, 2005 to: Hon. John W. Sedwick United States District Court All Counsel of Record s/ Allen B. Bickart

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