Free Statement - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney District of Arizona Reid C. Pixler Assistant U.S. Attorney Arizona State Bar No. 12850 Two Renaissance Square 40 North Central, Suite 1200 Phoenix, Arizona 85004-4408 Telephone: (602) 514-7500 [email protected]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA UNITED STATES OF AMERICA, CIV-04-363-PHX-JWS Plaintiff, NOTICE Vs. 1. Lear Jet, Model 31A, Serial Number 31A-224, U.S. Registration # N224LJ; 2. Agusta Helicopter, Model A109E, Serial Number 11116, Mexican Registration # XA-TSR; 3. Cessna Caravan, Model 208B, Serial Number 208B-0941, Mexican Registration # XA-TUF. Defendants. NOW COMES plaintiff, the United States of America, by and through its attorneys, PAUL OF FILING PROPOSED ORDER FOR INTERLOCUTORY SALE OF DEFENDANT 1

19 K. CHARLTON, United States Attorney for the District of Arizona, and REID C. PIXLER, 20 and serves this notice of the filing of a proposed Order for Interlocutory Sale by public auction, 21 as required by the Court in its Order dated August 23, 2005. Plaintiff notes that this proposed 22 order is more comprehensive than the draft attached to the original motion. In the intervening 23 months since the motion was filed and as the result of the inspection of the defendant aircraft on 24 May 19, 2005, it has become apparent that the aircraft must be prepared for the sale and steps 25 taken to make the aircraft "airworthy" in order to obtain the maximum sales price at auction. 26 Because time is of the essence, plaintiff has taken substantial steps to communicate with 27 individuals with expertise in this area in order to develop a plan which will quickly address the 28

Case 2:04-cv-00363-JWS

Document 103

Filed 09/02/2005

Page 1 of 3

1 maintenance and repair issues, comply with all of the FAA Airworthiness Directives, and 2 prepare the aircraft for sale in the shortest time possible. The importance of this order is to begin 3 the process to prepare the aircraft for sale. All other issues can be addressed at the pleasure of 4 the Court and parties by motion to amend the Order, if necessary. 5 The specific date for the sale can be determined when the determination has been made as

6 to the availability of the aircraft to be present at the sale. The location of the sale can be set as 7 well, based upon input from the parties. However, there are only a few locations of major 8 aircraft auctions in the United States which would attract well qualified purchasers. It is in the 9 best interest of all parties to agree that the aircraft be disposed at one of these major auction 10 events. During the period the aircraft is prepared for sale, plaintiff will endeavor to obtain a 11 stipulation regarding the location of the sale. The proposed order does not specify a specific date 12 and location, pending input regarding the progress of the aircraft. In good faith, plaintiff 13 represents that the detail provide for in this proposed Order addresses all known issues about the 14 FAA standards as well as known maintenance issues. 15 16 17 18 19 20 21
CERTIFICATE OF SERVICE

Respectfully submitted this ___ day of September, 2005. PAUL K. CHARLTON United States Attorney District of Arizona s/ Reid C. Pixler REID C. PIXLER Assistant U.S. Attorney

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Allen B Bickart Law Office of Allen B Bickart PO Box 44005 Phoenix, AZ 85064 [email protected] I.I hereby certify that on August 29, 2005, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants:

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Douglas F Behm Jennings Strouss & Salmon PLC Collier Ctr 201 E Washington St, Ste 1100 Phoenix, AZ 85004-2385 [email protected] K Lawson Pedigo Miller Keffer & Pedigo 8401 N Central Expressway , Ste 630 Dallas, TX 75225 [email protected], [email protected]

9I hereby certify that on August 8, 2005, I served the attached document by U.S. mail, who are not registered participants
of the CM/ECF System: Marc S. Nurik Ruden McClosky Smith Schuster & Russell, PA PO Box 1900 Ft Lauderdale, FL 33302 Gerald H Goldstein, Cynthia Eva Hujar Orr Goldstein Goldstein & Hilley 2900 Tower Life Bldg 310 S St Mary's St, Ste 2900 San Antonio, TX 78205 Leonard J McDonald, Jr Tiffany & Bosco PA Camelback Esplanade II 2525 E Camelback Rd 3rd Floor Phoenix, AZ 85016 Mark A Platt Fulbright & Jaworski LLP 2200 Ross Ave , Ste 2800 Dallas, TX 75201

S/

Victoria Tiffany

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