KeyBank National Association v. Stallion Aviation LLC et al

New York Southern District Court
Judge:Jed S Rakoff
Case #: 1:24-cv-02610
Nature of Suit190 Contract - Other Contract
Cause28:1331 Fed. Question
Case Filed:Apr 05, 2024
Last checked: Friday Apr 05, 2024 5:11 PM EDT
Defendant
Moshe Silber
Defendant
Stallion Aviation LLC
Defendant
TVPX Aircraft Solutions Inc.
Plaintiff
KeyBank National Association
127 Public Square
Cleveland, OH 44114
Represented By
Curtis Lee Tuggle
Thompson Hine LLP
contact info


Docket last updated: 2 hours ago
Monday, April 29, 2024
20 20 28 pgs respm Memorandum of Law in Support of Motion Mon 04/29 10:38 PM
MEMORANDUM OF LAW in Support re:17 MOTION Confirm Order of Seizure re:11 Temporary Restraining Order,,,, . . Document filed by KeyBank National Association..(Tuggle, Curtis)
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19 19 respm Declaration in Support of Motion Mon 04/29 10:37 PM
DECLARATION of Curtis L. Tuggle in Support re:17 MOTION Confirm Order of Seizure re:11 Temporary Restraining Order,,,, .. Document filed by KeyBank National Association..(Tuggle, Curtis)
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Att: 1 Exhibit Proposed Use Agreement
18 18 respm Declaration in Support of Motion Mon 04/29 10:24 PM
DECLARATION of Alberto Sanchez in Support re:17 MOTION Confirm Order of Seizure re:11 Temporary Restraining Order,,,, .. Document filed by KeyBank National Association..(Tuggle, Curtis)
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Att: 1 Exhibit 1 - Permittee Lease,
Att: 2 Exhibit 2 - Other Lawsuit
17 17 motion Miscellaneous Relief Mon 04/29 10:16 PM
MOTION Confirm Order of Seizure re:11 Temporary Restraining Order,,,, . Document filed by KeyBank National Association..(Tuggle, Curtis)
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Att: 1 Proposed Order Proposed Order
Monday, April 22, 2024
16 16 respoth Declaration in Support (non-motion) Mon 04/22 3:55 PM
DECLARATION of Jonathan S. Hawkins in Support re:6 Proposed Temporary Restraining Order,,. Document filed by KeyBank National Association..(Hawkins, Jonathan)
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Friday, April 19, 2024
15 15 misc Sealed Document Fri 04/19 4:32 PM
SEALED DOCUMENT placed in vault..(jus)
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Monday, April 15, 2024
14 14 1 pgs misc Rule 7.1 Corporate Disclosure Statement Mon 04/15 5:10 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent KeyCorp for KeyBank National Association. Document filed by KeyBank National Association..(Tuggle, Curtis)
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13 13 service Affidavit of Service Other Mon 04/15 4:24 PM
AFFIDAVIT OF SERVICE of Order for Immediate Possession and Injunction, Memorandum of Law in Support of Plaintiffs Ex Parte Motion for an Order of Immediate Possession, Replevin, and Injunctive Relief, Declaration of Alberto Sanchez with exhibits, and Verfied Complaint with Exhibits served on Stallion Aviation, TVPX Aircraft Solutions Inc., not in its individual capacity, but solely as Owner Trustee under the 2022 MSN 5399 Statutory Trust, and Moshe Silber on April 10, 2024 and April 12, 2024. Service was made by Mail. Document filed by KeyBank National Association..(Tuggle, Curtis)
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Att: 1 Exhibit A - Copies of April 10, 2024 FedEx delivery Receipts,
Att: 2 Exhibit B - Copy of April 10, 2024 delayed delivery notfication,
Att: 3 Exhibit C - Affirmation of Non Service,
Att: 4 Exhibit D - Copy of April 12, 2024 FedEx delivery receipt
Monday, April 08, 2024
12 12 1 pgs notice Notice of Appearance Mon 04/08 5:27 PM
NOTICE OF APPEARANCE by Jonathan Scott Hawkins on behalf of KeyBank National Association..(Hawkins, Jonathan)
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11 11 order Temporary Restraining Order Mon 04/08 2:25 PM
***SELECTED PARTIES*** ORDER FOR IMMEDIATE POSSESSION AND INJUNCTION: IT IS HEREBY PROVISIONALLY FOUND THAT: Stallion is in default under the Aircraft Loan Agreement dated December 29, 2021, as amended, restated, supplemented or modified by the Loan Modification, by and between KeyBank and Stallion (the "Loan Agreement"), whereby KeyBank extended a term loan in the amount of $23,500,000.00 to Stallion for the purpose of financing (i) one Gulfstream Aerospace model GV-SP G550 aircraft bearing manufacture's serial number 5265 and U.S. Registration Number N247EM (the "Airframe"); (ii) two (2) Rolls Royce BR700-710C4-11 engines bearing manufacturer's serial numbers 15643 and 15642 (the "Engines"); (iii) and all appliances, parts, instruments, appurtenances, accessories and other equipment or property installed thereon or therein (the foregoing, together with the Airframe and Engines, the "Aircraft"). (Signed by Judge Jed S. Rakoff on 4/8/2024) (ate) Transmission to Finance Unit (Cashiers)
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10 10 cmp Complaint Mon 04/08 12:04 PM
COMPLAINT against Moshe Silber, Stallion Aviation LLC, TVPX Aircraft Solutions Inc.. Document filed by KeyBank National Association..(Tuggle, Curtis)
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Att: 1 Exhibit A - Aircraft Loan Agreement,
Att: 2 Exhibit B - Promissory Note,
Att: 3 Exhibit C - Security Agreement,
Att: 4 Exhibit D - Guaranty,
Att: 5 Exhibit E - Loan Modification,
Att: 6 Exhibit F - FAA Assignment,
Att: 7 Exhibit G - Security Agreement,
Att: 8 Exhibit H - Consents to Aircraft Lease Agreements,
Att: 9 Exhibit I - FAA Registration,
Att: 10 Exhibit J - Airframe International Registry,
Att: 11 Exhibit K - Engine Registry,
Att: 12 Exhibit L - Notice,
Att: 13 Exhibit M - Borrower Demand Letter,
Att: 14 Exhibit N- Guarantor Demand Letter,
Att: 15 Exhibit O - TVPX Demand Letter
9 9 service Summons Issued Mon 04/08 8:55 AM
ELECTRONIC SUMMONS ISSUED as to TVPX Aircraft Solutions Inc...(jgo)
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8 8 service Summons Issued Mon 04/08 8:54 AM
ELECTRONIC SUMMONS ISSUED as to Stallion Aviation LLC..(jgo)
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7 7 service Summons Issued Mon 04/08 8:53 AM
ELECTRONIC SUMMONS ISSUED as to Moshe Silber..(jgo)
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misc Notice to Attorney Regarding Deficient Pleading Mon 04/08 8:38 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Curtis Lee Tuggle to RE-FILE Document No. 1 Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected;. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo)
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misc Notice to Attorney Regarding Deficient Civil Cover Sheet Mon 04/08 8:42 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Curtis Lee Tuggle to RE-FILE Document No. 5 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; the Cause of Action and the Basis of Jurisdiction codes on the PDF do not correspond with each other;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo)
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misc Notice to Attorney Regarding Case Opening Statistical Error Correction Mon 04/08 8:43 AM
***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Curtis Lee Tuggle. The following case opening statistical information was erroneously selected/entered: Dollar Demand $19,646,574,000; County code Albany;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $9,999,000; the County code has been modified to XX Out of State;. (jgo)
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notice Case Opening Initial Assignment Notice Mon 04/08 8:44 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jed S. Rakoff. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:https://nysd.uscourts.gov/judges/district-judges] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(jgo)
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utility Case Designation Mon 04/08 8:45 AM
Magistrate Judge Sarah Netburn is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (jgo)
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utility Case Designated ECF Mon 04/08 8:46 AM
Case Designated ECF. (jgo)
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misc Notice to Court Regarding Proposed Order Mon 04/08 9:06 AM
***NOTICE TO COURT REGARDING PROPOSED TEMPORARY RESTRAINING ORDER. Document No. 6 Proposed Temporary Restraining Order was reviewed and approved as to form. (km)
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misc Notice Regarding Deleted Document Mon 04/08 2:22 PM
***DELETED DOCUMENT. Deleted document number 11 Temporary Restraining Order. The document was incorrectly filed in this case. (ate)
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misc Notice to Attorney Regarding Party Modification Thu 04/11 9:54 AM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Curtis Lee Tuggle. The party information for the following party/parties has been modified: TVPX Aircraft Solutions Inc.. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc)
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Friday, April 05, 2024
6 6 misc Proposed Temporary Restraining Order Fri 04/05 6:01 PM
***EX-PARTE***PROPOSED TEMPORARY RESTRAINING ORDER. Document filed by KeyBank National Association. Motion or Order to File Under Seal: .(Tuggle, Curtis)
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Att: 1 Affidavit Declaration of Alberto Sanchez,
Att: 2 Exhibit 1 - News Articles,
Att: 3 Exhibit 2 - Information -Drillman,
Att: 4 Exhibit 3 - Steves Masonry, Inc. v. 1092 Haverstraw Owner LLC and Mark Silber,
Att: 5 Exhibit 4 - Waiver of Rights to Notice and Bond,
Att: 6 Affidavit Declaration of Curtis Tuggle,
Att: 7 Supplement Memorandum of Law in Support
5 5 misc Civil Cover Sheet Fri 04/05 5:51 PM
CIVIL COVER SHEET filed..(Tuggle, Curtis)
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4 4 service Request for Issuance of Summons Fri 04/05 5:22 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Stallion Aviation LLC, re:1 Complaint,,,. Document filed by KeyBank National Association..(Tuggle, Curtis)
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3 3 service Request for Issuance of Summons Fri 04/05 5:15 PM
REQUEST FOR ISSUANCE OF SUMMONS as to TVXP Aircraft Solutions Inc., re:1 Complaint,,,. Document filed by KeyBank National Association..(Tuggle, Curtis)
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2 2 service Request for Issuance of Summons Fri 04/05 5:12 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Moshe Silber, re:1 Complaint,,,. Document filed by KeyBank National Association..(Tuggle, Curtis)
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1 1 25 pgs cmp Complaint Fri 04/05 5:01 PM
COMPLAINT against KeyBank National Association. (Filing Fee $ 405.00, Receipt Number ANYSDC-29183108)Document filed by KeyBank National Association..(Tuggle, Curtis)
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Att: 1 Exhibit A - Aircraft Loan Agreement,
Att: 2 Exhibit B - Promissory Note,
Att: 3 Exhibit C - Security Agreement,
Att: 4 Exhibit D - Guaranty,
Att: 5 Exhibit E - Loan Modification,
Att: 6 Exhibit F - FAA Assignment,
Att: 7 Exhibit G - Airframe and Engines International Registry Discharge,
Att: 8 Exhibit H - Consents to Aircraft Lease Agreements,
Att: 9 Exhibit J - FAA Registration,
Att: 10 Exhibit K - Engines International Registry,
Att: 11 Exhibit L - Notice,
Att: 12 Exhibit M - Borrower Demand Letter,
Att: 13 Exhibit N - Guarantor Demand Letter,
Att: 14 Exhibit O - TVPX Demand Letter