Epic Emergency Motion

Case 3:09-cv-00628-AC

Document 5

Filed 06/29/2009

Page 1 of 4

Norman Malinski, Esquire 2875 Northeast 191"1 Street Suite 508 Aventura, Florida Telephone: (305) 937-4242 Facsimile: (305) 937-4261 Michael F. Van Hoomissen, Esquire 1618 S.W. 1"1 Avenue, Suite 319 Portland, Oregon 97201 Telephone: (503) 221-1529 Facsimile: (503) 221-6222 Attorneys for Plaintiff U.S. DISTRICT COURT DISTRICT OF OREGON, EUGENE DIVISION CASE NO. CV-628-AC BLUE SKY AVGROUP, LLC., A Florida Limited Liability Company, Plaintiff, vs. EPIC AJR LLC., a Delaware Limited Liability Company, Defendant. .

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PLAINTIFF'S VERIFIED EMERGENCY MOTION ];'OR APPOINTMENT OF A RECEIVER The Plaintiff herein, BLUE SKY AVGROUP, LLC., a Florida limited liability company (BLUE SKY) moves the Court for an emergency appointment of a receiver in this matter, stating: 1. BLUE SKY has filed suit against EPIC AIR LLC., a Delaware Limited Liability

Company (EPIC), having its principal place of business and doing business in Bend, Oregon. 2. EPIC was served by Federal Express and has executed a Waiver of Service of Summons. Such Waiver has been filed with the Court over the date June 24, 2009.

Case 3:09-cv-00628-AC

Document 5

Filed 06/29/2009

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3. 'T'lle in_itial lC:omplaint in tllis Jlnatter alleged, and this Verified Motion affirms, that E~L1JE SK~Y· has ~EP'I(:, ~;:uch

prepaid allTIOst $2,000,000.00 for acquisition alld fabricatiorl of all airplane by

fabricatioll and delivery to occur at EPIC's facility irl E~end, Oregon.

4. T"]le injtial lConlp!;::t:int filed ill this action - and by virtue of this Verified Motion, E~L1JE S~K-'~{

furtrler affirms - asserted that

E~PI(:

confirmed that fhe Pratt Vilhitney Engille

designated to be placed on BI)[JJE SF-=-Y's aircraft had been ordered. Thereafter, EPIC altered the date of deli,rery approxjimately

011

se veral

)~pril

1

o(~casiclns, fit1all~y

23, 2009. Sllch engine

advising that the date of delivery would be

W,1S

never delivered:, althollgh

]E~LUE

SKY had

pTepaid. for same. 5. l'lhe initial lCon1plaint filed in this action - and by tllis '1erified Motion, BLUE SKY affirlns - recited that 13LUE

S,~~'~T

account for receipt of BLUE

has llot recei ved evidence or arl:Y other docunlentatioll to 1

S]~~')~Y-'s propeller

and avionics. SUCbL goods were also prepaid.

6. III accordarlce with the fabricatio:n and delivery schedl1les,

BLUE~

SKY was required

to make regll1ar all,d periodic site visits to ]3encL, Oregon in. order to paliicipate in completion of its aircraft. Since :May 3, 2009, been schedlLled or plan11ed.

:B]LlTE~

SlCY has received no inforrnation that allY site visits have

'B;lL1JE~ SK~"~T

has not been able to seCl1re any aJPpointn1ents for site

visits, notwithstandilng frequent demand for sall1e. 7. [)uriulg the week of JlLne 13, 2009,

:E~PIC

laid off 67 of its approximate 110

eJJ1ployees. This is tIle second la)Toffllndertaken by EPIC: less th.an one year ago, EPIC: had apprOXJill1ately 160 erYlployees.

l£\'S

includiJlg slLpervisory stafft]lat lias

8. PtltholLgbl tllere are contained irl EPIC::' s

of this tilne, EPIC lnaintains rOlLlghly 45 employees, II0VV

been consigned to line vvork.

approxirnatel~{ 13

]~~end, C:~rego:n

aircraft in variou-s stages of construction

facilities at the present time, n10st of which have been fully

prepaid, there have been no lle\V orders for aircraft placed within virtually tb.e entire past year. C:onsidering the '7 5~o reductiorl in its labor force, and the lack of information or any evidence of delivery of JI11iliions of dollars in aircra:fl parts \vhich were prepaid by all o-'Vvrlers awaitiJl1g aircraft COlTlpletion and delivery, BLlJE~ SJK.Y is of the reasonable belief that EPIC is insolvent and uTl.able to no.eet its ClUll1 ent liabilities and. expenses. 4

9.

E~]LU]~, SI~~):

requests tbLat a

F~eceiver

be appointed to take immediate possession of

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Case 3:09-cv-00628-AC

Document 5

Filed 06/29/2009

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EPIC's facility in Bend, Oregon, together with all of its contt:nls, a.I1.d be further. empowered ~'J

conduct an examination and inventory of the asset::> and .1iabilities of EPIC tor the put:vose~ 'If determining whether it has the Hbili.ty to

!JJ.e~t

it.. ObliE:rll:ini1.~ to t.he pre-plljrl purchases ()f aircraft

or whether further undertakings on the part of the Receiver shaH be necessary-

WHEREFORE, BLUE SKY AVGROUP, LLC., moves this Court for an immediate: appointment of a Receiver, such Receiver to be empowered to take col'ltrol of the facilities and assets of EP1C AIR LLC., in accordance with the Order of this Court. 1 HF:REBY CERTUry tbat a copy of the foregoing was filed electronically t!J,is 29'j,

day ofJune, 2009 with the United States District Court, District of Oregon and sent vi.a Federal Expres;; to Rick Schrameak, clo EP1C Airc;raft, 22590 Nelson Road, Bend, OR 977() l.

LAW OFFrCES OF NORMAN MALINSKI, P.A. 2875 Northeast )91 ~1 Street, Suite 508 Aventura, Florida 33180 Tch.:phunc: (305) 937.4242

Facsimile: (305) 937-426..

BY:~-- ~-:: Norman Malinski - and-

Michael F. Van Hoomissen, Esquire 1618 S.W, pI Avenue, Suite 319 Portland, Oregon 97201 Telephone: (503) 221-1529 Facsimile: (503) 221·6222 VERTFTf:ATTON

?/.L~

Richa.rd Lucib€:lla, Managing Member BLUE SKY AVGROUP, LLC., a Florida Limited LiabHi:ty Company

BEFORE ME tile undersigned, personally appeared Richard Lucibella, the managing Florida Limited Liability Company who, after being 15.r5t duly sworn and cautioned, states that the facts recited in the foregoing Emergency

membl~r of BLUE SKY AVGROUP, LLC., a

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Case 3:09-cv-00628-AC

Document 5

Filed 06/29/2009

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Motion for Appointment of a Receiver are true and correct to the best of his knowledge. ;

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..

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SWORN TO AND SUBSCRlHEH before me this ~ day ofJune, 2009. ''--

':'~._.-.. "'-

Notary Public, State of Florida At Large My commission expires:

I~MALIN5K1

MY COMMISSION # 00 480861 EXPIAI:S: Novdmber 15, 2009

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