Center Capital Corporation v. Apex Homes, Inc. et al
ORDER continuing 8/6/12 hearing on Motion for claim and delivery until such time as set by the court; directing parties file status report on status of motion and need for hearing: ( Status Report due by 9/5/2012). Signed by Magistrate Judge David S. Cayer on 8/7/12. (bsw)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
Civil Action No. 3:12-cv-0404-FDW-DSC
CENTER CAPITAL CORPORATION, n/k/a
WEBSTER CAPITAL FINANCE, INC.,
APEX HOMES, INC. and LEONARD R.
ORDER CONTINUING HEARING
This matter came before the Court on August 6, 2012 at 2:00 p.m. upon Plaintiff’s Motion
for Claim and Delivery of property (Doc. No. 2) pursuant to Fed. R. Civ. P. 64 and N.C. Gen. Stat.
§ 1-472 to 1-484.1.
Plaintiff was represented at the hearing by Kenneth Lautenschlager of Johnston, Allison &
Hord, P.A. and Defendants were represented by Jeffrey A. Long of Bray & Long, PLLC. The
Parties represented to the Court that they had reached an agreement regarding the Motion
(“Agreement”) and requested that the Court continue the hearing to allow sufficient time for the
Parties to complete the terms of the Agreement. The Parties further informed the Court that the
terms of that Agreement include, but are not limited to the following:
Defendant, Apex Homes, Inc. (“Apex”) shall have the airplane which is the subject
of this action under a contract for purchase no later than August 17, 2012;
The closing on the sale shall take place no later than the end of business on
September 10, 2012.
On or before August 8, 2012, Apex shall fully insure the plane as required under the
loan documents including, but not limit to, both ground and flight insurance and shall provide
written proof of said insurance to Plaintiff;
On or before August 8, 2012, Defendants shall cause any and all log books related
to the plane to be stored in a fireproof cabinet in the same location as the plane and said log books
shall remain with the plane thereafter and will be made available for inspection by Plaintiff at
On or before August 10, 2012, Defendants shall file with the FAA all documents
necessary to bring the registration of the plane current and/or reinstate said registration and shall
provide Plaintiff copies of such filings as well as acknowledgment of receipt by the FAA;
On or before August 17, 2012, Apex shall have moved the plane to a certified Cessna
maintenance facility, with prior notice and approval of Plaintiff, for the purpose of completing the
plane’s annual inspection and all required maintenance. Such inspection and maintenance shall be
completed no later than August 24, 2012 and shall be at Defendants’ sole cost and expense. Written
proof of completion of the work shall be provided to Plaintiff no later than August 24, 2012;
The Agreement, among other terms, also addresses pre-buy inspections, repair of any
items needing repair as noted during the inspections, and limited flight testing in connection with
the sale of the plane;
Should the Defendants breach any terms of the Agreement, or should the sale of the
plane not occur as provided in the Agreement, Defendants agree and stipulate that Plaintiff shall be
entitled to immediate possession of the plane and an order for claim and delivery;
Except as modified by the Agreement, the Order signed by the Court on July 2, 2012
(Doc. No. 10) and Notice of Hearing shall remain in full force and effect.
NOW, THEREFORE, having considered the presentation of counsel, it appears to the Court
that an order continuing the Motion should be entered;
IT IS HEREBY ORDERED that:
The Plaintiff’s Motion for Claim and Delivery of Property be continued until such
time as set by the Court;
On or before September 5, 2012, the Parties shall file a status report updating the
Court on the current status of the Motion and any need for a hearing.
Except as modified by the Parties Agreement, the Order and Notice of Hearing
signed by the Court on July 2, 2012 (Doc. No. 10) shall remain in full force and
Signed: August 7, 2012
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