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CLOSED, EFILE

U.S. District Court

United States District Court for the District of Connecticut (New Haven)
CIVIL DOCKET FOR CASE #: 3:08-cv-01958-CFD

Aviamax Aviation LTD v. Bombardier Aerospace Corp Date Filed: 12/29/2008

Assigned to: Judge Christopher F. Droney Date Terminated: 05/11/2010
Demand: $8,200,000 Jury Demand: None
Cause: 28:1332 Diversity-Fraud Nature of Suit: 370 Fraud or Truth-
In-Lending
Jurisdiction: Diversity
Plaintiff
Aviamax Aviation LTD represented by Bennett H. Last
Gilbride, Tusa, Last & Spellane - NYC
708 Third Ave., 26th Fl.
New York, NY 10017
212-692-9666
Fax: 212-661-6328
Email: bhl@gtlsny.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Sal Meli
Gilbride, Tusa, Last & Spellane - NYC
708 Third Ave., 26th Fl.
New York, NY 10017
212-692-9666
Fax: 212-661-6328
Email: sm@gtlsny.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

V.
Defendant
Bombardier Aerospace Corp represented by Eric X. Fishman
Pillsbury Winthrop Shaw Pittman-NYC
1540 Broadway
New York, NY 10036-4039
212-858-1745
Fax: 212-858-1500
Email: efishman@pillsburywinthrop.com
LEAD ATTORNEY

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ATTORNEY TO BE NOTICED

Date Filed # Docket Text

12/29/2008 1 COMPLAINT against Bombardier Aerospace Corp (Filing fee $350 receipt number
B017166), filed by Aviamax Aviation LTD.(Candee, D.) (Entered: 01/06/2009)
12/29/2008 2 Order on Pretrial Deadlines: Motions to Dismiss due on 3/29/08. Amended Pleadings
due by 2/27/2009, Discovery due by 6/30/2009, Dispositive Motions due by
7/30/2009. Signed by Clerk on 12/29/08. (Candee, D.) (Entered: 01/06/2009)
12/29/2008 3 ELECTRONIC FILING ORDER - PLEASE ENSURE COMPLIANCE WITH
COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge
Christopher F. Droney on 12/29/08. (Candee, D.) (Entered: 01/06/2009)
12/29/2008 4 NOTICE of Appearance by Bennett H. Last on behalf of Aviamax Aviation LTD
(Candee, D.) (Entered: 01/06/2009)
12/29/2008 5 Corporate Disclosure Statement by Aviamax Aviation LTD. (Candee, D.) (Entered:
01/06/2009)
01/05/2009 Summons Issued as to Bombardier Aerospace Corp. (Candee, D.) (Entered:
01/06/2009)
01/15/2009 6 SUMMONS Returned Executed by Aviamax Aviation LTD. Bombardier Aerospace
Corp served on 1/13/2009, answer due 2/2/2009. (Last, Bennett) (Entered:
01/15/2009)
01/27/2009 7 Consent MOTION for Extension of Time until March 6, 2009 for Answering or
Otherwise Responding to the Complaint by Bombardier Aerospace Corp. (Fishman,
Eric) (Entered: 01/27/2009)
01/27/2009 8 CERTIFICATE OF SERVICE by Bombardier Aerospace Corp re 7 Consent
MOTION for Extension of Time until March 6, 2009 for Answering or Otherwise
Responding to the Complaint (Fishman, Eric) (Entered: 01/27/2009)
01/27/2009 9 NOTICE of Appearance by Eric X. Fishman on behalf of Bombardier Aerospace
Corp (Fishman, Eric) (Entered: 01/27/2009)
01/27/2009 10 CERTIFICATE OF SERVICE by Bombardier Aerospace Corp re 9 Notice of
Appearance (Fishman, Eric) (Entered: 01/27/2009)
01/29/2009 11 ORDER Granting 7 Consent MOTION for Extension of Time until March 6, 2009
for Answering or Otherwise Responding to the Complaint. Signed by Judge
Christopher F. Droney on 1/29/09. (Szczygiel, G.) (Entered: 01/29/2009)
01/29/2009 Answer deadline updated for Bombardier Aerospace Corp to 3/6/2009. (Johnson, D.)
(Entered: 01/30/2009)
03/06/2009 12 Corporate Disclosure Statement by Bombardier Aerospace Corp identifying
Corporate Parent Bombardier Inc for Bombardier Aerospace Corp. (Fishman, Eric)
(Entered: 03/06/2009)

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03/06/2009 13 MOTION to Dismiss by Bombardier Aerospace Corp.Responses due by 3/27/2009

(Fishman, Eric) (Entered: 03/06/2009)
03/06/2009 14 AFFIDAVIT re 13 MOTION to Dismiss Signed By Eric Fishman filed by
Bombardier Aerospace Corp. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Fishman,
Eric) (Entered: 03/06/2009)
03/06/2009 15 Memorandum in Support re 13 MOTION to Dismiss filed by Bombardier Aerospace
Corp. (Fishman, Eric) (Entered: 03/06/2009)
03/06/2009 16 CERTIFICATE OF SERVICE by Bombardier Aerospace Corp re 12 Corporate
Disclosure Statement, 13 MOTION to Dismiss, 15 Memorandum in Support of
Motion, 14 Affidavit (Fishman, Eric) (Entered: 03/06/2009)
03/11/2009 17 NOTICE TO COUNSEL OF E-FILE CALENDAR: ORAL ARGUMENT RE:
MOTION TO DISMISS [Dkt. # 13] is set for 5/22/09 at 2:00 PM in North
Courtroom, 2nd Floor, 450 Main St., Hartford, CT before Judge Christopher F.
Droney. Each side will have 20 minutes for argument. ALL PERSONS ENTERING
THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. (Szczygiel,
G.) (Entered: 03/11/2009)
03/11/2009 18 AMENDED NOTICE TO COUNSEL OF E-FILE CALENDAR: ORAL
ARGUMENT RE: MOTION TO DISMISS [Dkt. # 13] is set for 5/22/09 at 11:30
AM (Please disregard previously issued calendar for 2:00 PM on same day) in North
Courtroom, 2nd Floor, 450 Main St., Hartford, CT before Judge Christopher F.
Droney. Each side will have 20 minutes for argument. ALL PERSONS ENTERING
THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION.(Szczygiel,
G.) (Entered: 03/11/2009)
03/20/2009 19 NOTICE of Appearance by Sal Meli on behalf of Aviamax Aviation LTD
(Attachments: # 1 Certificate of Service)(Meli, Sal) (Entered: 03/20/2009)
03/23/2009 20 MOTION for Extension of Time until April 17, 2009 To Respond To Defendant's
Motion To Dismiss 13 MOTION to Dismiss by Aviamax Aviation LTD.
(Attachments: # 1 Certificate of Service)(Last, Bennett) (Entered: 03/23/2009)
03/25/2009 21 ORDER Granting 20 MOTION for Extension of Time until April 17, 2009 To
Respond To Defendant's Motion To Dismiss. Signed by Judge Christopher F. Droney
on 3/25/09. (Szczygiel, G.) (Entered: 03/25/2009)
04/14/2009 22 Consent MOTION to Seal Aircraft Purchase Agreement and Amendment No. 3 to
the Aircraft Purchase Agreement filed as Exhibits 1 and 2 to Affirmation of Eric
Fishman in Support of Motion to Dismiss, document No. 14, filed March 6, 2009. by
Bombardier Aerospace Corp. (Fishman, Eric) (Entered: 04/14/2009)
04/14/2009 23 Memorandum in Support re 22 Consent MOTION to Seal Aircraft Purchase
Agreement and Amendment No. 3 to the Aircraft Purchase Agreement filed as
Exhibits 1 and 2 to Affirmation of Eric Fishman in Support of Motion to Dismiss,
document No. 14, filed March 6, 2009. filed by Bombardier Aerospace Corp.
(Fishman, Eric) (Entered: 04/14/2009)

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04/14/2009 24 AFFIDAVIT re 22 Consent MOTION to Seal Aircraft Purchase Agreement and

Amendment No. 3 to the Aircraft Purchase Agreement filed as Exhibits 1 and 2 to
Affirmation of Eric Fishman in Support of Motion to Dismiss, document No. 14,
filed March 6, 2009. Signed By Francois Ouellette filed by Bombardier Aerospace
Corp. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Fishman, Eric)
(Entered: 04/14/2009)
04/14/2009 25 CERTIFICATE OF SERVICE by Bombardier Aerospace Corp re 22 Consent
MOTION to Seal Aircraft Purchase Agreement and Amendment No. 3 to the
Aircraft Purchase Agreement filed as Exhibits 1 and 2 to Affirmation of Eric
Fishman in Support of Motion to Dismiss, document No. 14, filed March 6, 2009., 24
Affidavit, 23 Memorandum in Support of Motion, (Fishman, Eric) (Entered:
04/14/2009)
04/16/2009 26 ORDER granting 22 Motion to Seal. Under Haller and Alcantara I find that sufficient
cause is established; sealing is essential to preserve an important interest and is
narrowly tailored to serve that interest. Signed by Judge Christopher F. Droney on
4/16/09. (Droney, Christopher) (Entered: 04/16/2009)
04/16/2009 27 Sealed Document: Exhibit C in support of 14 Affidavit by Bombardier Aerospace
Corp, re: 13 MOTION to Dismiss. (Grady, B.) Modified on 4/17/2009 to correct date
(Grady, B.). (Entered: 04/16/2009)
04/17/2009 28 Memorandum in Opposition re 13 MOTION to Dismiss filed by Aviamax Aviation
LTD. (Meli, Sal) (Entered: 04/17/2009)
04/17/2009 29 CERTIFICATE OF SERVICE by Aviamax Aviation LTD re 28 Memorandum in
Opposition to Motion (Meli, Sal) (Entered: 04/17/2009)
04/17/2009 30 ENTERED IN ERROR . . . Consent MOTION to Seal Memorandum of Law In
Opposition To Defendant's Motion To Dismiss by Aviamax Aviation LTD. (Meli,
Sal) Modified on 4/20/2009 (Grady, B.). (Entered: 04/17/2009)
04/17/2009 31 Consent MOTION to Seal Memorandum of Law In Opposition To Defendant's
Motion To Dismiss by Aviamax Aviation LTD. (Attachments: # 1 Declaration of Sal
Meli, # 2 Exhibit A to Declaration)(Meli, Sal) (Entered: 04/17/2009)
04/17/2009 32 Memorandum in Support re 31 Consent MOTION to Seal Memorandum of Law In
Opposition To Defendant's Motion To Dismiss filed by Aviamax Aviation LTD.
(Meli, Sal) (Entered: 04/17/2009)
04/17/2009 33 CERTIFICATE OF SERVICE by Aviamax Aviation LTD re 32 Memorandum in
Support of Motion, 31 Consent MOTION to Seal Memorandum of Law In
Opposition To Defendant's Motion To Dismiss (Meli, Sal) (Entered: 04/17/2009)
04/23/2009 34 ORDER Granting 31 Consent MOTION to Seal Memorandum of Law In Opposition
To Defendant's Motion To Dismiss. Signed by Judge Christopher F. Droney on
4/23/09. (Szczygiel, G.) (Entered: 04/23/2009)
04/23/2009 37 Sealed Document: Memorandum in opposition by Aviamax Aviation LTD, re: 13
MOTION to Dismiss. (Grady, B.) (Entered: 05/07/2009)

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05/01/2009 35 REPLY to Response to 13 MOTION to Dismiss /Reply Memorandum of Law in

Further Support of Bombardier Aerospace Corporation's Motion to Dismiss filed by
Bombardier Aerospace Corp. (Fishman, Eric) (Entered: 05/01/2009)
05/01/2009 36 CERTIFICATE OF SERVICE by Bombardier Aerospace Corp regarding Reply
Memorandum of Law in Further in Support of Bombardier Aerospace Corporation's
Motion to Dismiss (Fishman, Eric) (Entered: 05/01/2009)
05/19/2009 38 Joint REPORT of Rule 26(f) Planning Meeting. (Fishman, Eric) (Entered:
05/19/2009)
05/21/2009 39 ORDER approving 26(f) report. The Court will take up the issue of whether to stay
discovery at the argument on the motion to dismiss. Signed by Judge Christopher F.
Droney on 5/21/09. (Droney, Christopher) (Entered: 05/21/2009)
05/21/2009 Set Deadlines: Amended Pleadings due by 8/1/2009 Discovery due by 12/15/2009
Dispositive Motions due by 1/15/2010 Joint Trial Brief due by 2/15/2010 Trial
Ready Date 3/1/2010 (Johnson, D.) (Entered: 05/22/2009)
05/22/2009 40 ORDER staying discovery until the ruling on the motion to dismiss. Plaintiff may
move for particular relief from this order if it can demonstrate prejudice arising from
the stay. Signed by Judge Christopher F. Droney on 5/22/09. (Droney, Christopher)
(Entered: 05/22/2009)
05/22/2009 41 Minute Entry. Proceedings held before Judge Christopher F. Droney: taking under
advisement 13 Motion to Dismiss; Motion Hearing held on 5/22/2009 re 13
MOTION to Dismiss filed by Bombardier Aerospace Corp. 45 minutes(Court
Reporter M. Marshall.) (Johnson, D.) (Additional attachment(s) added on 5/26/2009:
# 1 MAIN DOCUMENT) (Johnson, D.). Modified on 5/26/2009 to add correct
PDF(Johnson, D.). (Entered: 05/26/2009)
05/10/2010 42 RULING granting 13 Motion to Dismiss (Gothers, M.)(20 pages) (Entered:
05/10/2010)
05/11/2010 43 JUDGMENT entered in favor of Bombardier Aerospace Corp against Aviamax
Aviation LTD.

For Appeal Forms please go to the following website: http://www.ctd.uscourts.gov

/forms.html. Signed by Clerk on 5/11/10. (Johnson, D.) (Entered: 05/11/2010)

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