Free Motion for Extension of Time to File Answer - District Court of Delaware - Delaware

Case 1:07-cv-00842-JJF

Document 8

Filed 01/14/2008

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IN THE UNITED STATES DISTRICT COURT IN AND FOR THE DISTRICT OF DELAWARE SSAC ACQUISITION CORP., Plaintiff, v. SINO SWEARINGEN AIRCRAFT CORPORATION, EMIRATES GLOBAL CAPITAL US, LLC, AND ACTION AVIATION INVESTORS LLC, Defendants. C.A. No. 07-842 (JJF)

MOTION TO EXTEND DEFENDANTS' TIME TO RESPOND TO COMPLAINT COME NOW Defendants Sino Swearingen Aircraft Corporation ("SSAC") Emirates Global Capital US, LLC ("EGC"), and Action Aviation Investors, LLC ("AAI") by and through their undersigned counsel, and hereby move to extend the time to move, answer or otherwise respond to the complaint in the above captioned matter. Upon information and belief, SSAC, EGC and AAI were served through their registered agent in this action on December 24, 2007. SSAC, EGC and AAI reserve all rights with regard to propriety of service under this Court's rules. Defendants seek, by this motion, to extend their time to file a motion, or answer or to otherwise respond to the Complaint until no earlier than 30 days from the date of this Motion. Defendants requested the agreement to a similar extension from counsel for Plaintiff SSAC Acquisition. However, Plaintiff's counsel insisted on unacceptable

conditions to any such agreement, requiring Defendants to seek relief from the Court instead.

Case 1:07-cv-00842-JJF

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Filed 01/14/2008

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The requested extension of Defendants' time to respond to the Complaint is warranted due to the complex nature of the allegations in the complaint, the fact that the majority of SSAC's, EGC's and AAI's shareholders are located overseas, and the fact that the Defendants only recently retained counsel to defend them in this action, which was filed just before the year-end holidays in December. WHEREFORE, for these and such other reasons as may appear just and equitable to this Honorable Court, SSAC, EGC and AAI request that this Motion to Extend Time to Respond to Complaint until February 13, 2008 be granted, and that the attached Order be entered at the earliest convenience of the Court. January 14, 2007 Respectfully submitted, WERB & SULLIVAN

/s/ Brian A. Sullivan Brian A. Sullivan(2098) Amy D. Brown (4077) 300 Delaware Ave., 13th Floor Wilmington, DE 19801 Telephone: (302) 652-1100 Facsimile: (302) 652-1111 and LAW OFFICES OF LAI & ASSOCIATES, P.C. Tom Tseng Craig Corsini 5800 Ranchester Drive, Suite 200 Houston, TX 77036 Telephone: (713) 988-5666 Facsimile: (713) 988-8846 Attorneys for Defendants

Case 1:07-cv-00842-JJF

Document 8

Filed 01/14/2008

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IN THE UNITED STATES DISTRICT COURT IN AND FOR THE DISTRICT OF DELAWARE SSAC ACQUISITION CORP., Plaintiff, v. SINO SWEARINGEN AIRCRAFT CORPORATION, EMIRATES GLOBAL CAPITAL US LLC, AND ACTION AVIATION INVESTORS LLC, Defendants. C.A. No. 07-842 (JJF)

ORDER Upon consideration of the Motion to Extend Defendants' Time to Respond to Complaint and the Court being fully informed, it is hereby ORDERED this ____ day of _________, 2008 that the Motion be GRANTED and that the Defendant Sino Swearingen Aircraft Corporation, Emirates Global Capital US LLC and Action Aviation Investors, LLC, shall answer or otherwise respond to the Complaint on or before February 13, 2008.

______________________ Honorable Joseph J. Farnan United States District Court Judge

Case 1:07-cv-00842-JJF

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Filed 01/14/2008

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CERTIFICATION OF COUNSEL PURSUANT TO DISTRICT COURT LOCAL RULE 7.1.1 I hereby certify a reasonable effort has been made to reach agreement with the opposing party on the matters set forth in the foregoing Motion.

/s/ Brian A. Sullivan Brian A. Sullivan (2098)

Case 1:07-cv-00842-JJF

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Filed 01/14/2008

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IN THE UNITED STATES DISTRICT COURT IN AND FOR THE DISTRICT OF DELAWARE SSAC ACQUISITION CORP., Plaintiff, v. SINO SWEARINGEN AIRCRAFT CORPORATION, EMIRATES GLOBAL CAPITAL US LLC, AND ACTION AVIATION INVESTORS LLC, Defendants. C.A. No. 07-842 (JJF)

ORDER Upon consideration of the Motion to Extend Defendants' Time to Respond to Complaint and the Court being fully informed, it is hereby ORDERED this ____ day of _________, 2008 that the Motion be GRANTED and that the Defendant Sino Swearingen Aircraft Corporation, Emirates Global Capital US LLC and Action Aviation Investors, LLC, shall answer or otherwise respond to the Complaint on or before February 13, 2008.

______________________ Honorable Joseph J. Farnan United States District Court Judge

Case 1:07-cv-00842-JJF

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Filed 01/14/2008

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CERTIFICATE OF SERVICE

I hereby certify that on January 14, 2008, I caused one copy of the foregoing document to be served upon the persons listed below in the manner indicated: Hand Delivery Stephen E. Herrmann (#691) Richards, Layton & Finger, P.A. One Rodney Square 920 North King Street Wilmington, DE 19801 First Class Mail William C. Wilkinson O. Judson Scheaf, III. Thompson Hine LLP 10 W. Broad St., Suite 700 Columbus, Ohio 43215

/s/ Brian A. Sullivan Brian A. Sullivan (2098)