Quicksilver Air Inc. et al v. Helicopter Engine Repair Overhaul Services et al

Filing 48

ORDER granting in part and denying in part (40 in 3:12-cv-00006-BLW) MOTION for Extension of Time to File Response/Reply to (35 in 3:12-cv-00006-BLW) MOTION to Transfer Case. Defendants shall file Response by 12/27/2012 and any Reply is due by 12/ 21/2012. Motions (6 in 3:12-cv-00367-BLW) MOTION to Dismiss for Lack of Jurisdiction, (7 in 3:12-cv-00366-BLW) MOTION to Dismiss for Lack of Jurisdiction, (13 in 3:12-cv-00006-BLW) MOTION to Dismiss for Lack of Jurisdiction will be heard toge ther. It is hereby ordered these three cases (Quicksilver 12-06; Pauley 12-367; and White 12-366) be transferred to Chief Judge Winmill for all purposes. IT IS FURTHER ORDERED, that the three cases be consolidated for all pretrial purposes. The Court will discuss further with counsel whether the cases should be consolidated for trial. Signed by Judge B. Lynn Winmill. Associated Cases: 3:12-cv-00006-BLW, 3:12-cv-00366-BLW, 3:12-cv-00367-BLW(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
QUICKSILVER AIR, INC., RICHARD C.
SWISHER and SHARON SWISHER,

Case No. 3:cv-12-06-REB
ORDER

Plaintiffs,
v.
HELICOPTER ENGINE REPAIR
OVERHAUL SERVICES, INC. t/a
H.E.R.O.S, INC., THE TIMKEN COMPANY,
ROLLS-ROYCE CORPORATION,
Defendants.

CRAIG WHITE and BETHANY WHITE,
husband and wife,
Plaintiffs,
v.
QUICKSILVER AIR, INC., an Alaska
corporation; THE TIMKEN COMPANY, an
Ohio Corporation, doing business as TIMKEN
ALCOR AEROSPACE TECHNOLOGIES,
INC., a foreign Arizona Company;
H.E.R.O.S., INC., a California corporation;
ARROW AVIATION, LLC, a Louisiana
Limited Liability Company; 11 AEROSPACE
LLC, an Arizona Limited Liability Company,
doing business as ASI SERVICES;
RICHARD C. SWISHER; JOHN OR JANE
DOES 1-X; and DOE CORPORATIONS, XIXX,
Defendants.

Case No. 3:cv-12-366-REB

GEORGE PAULEY,

Case No. 3:cv-12-367-REB

Plaintiff,
v.
QUICKSILVER AIR, INC., an Alaska
corporation; THE TIMKEN COMPANY, an
Ohio Corporation, doing business as TIMKEN
ALCOR AEROSPACE TECHNOLOGIES,
INC., a foreign Arizona Company;
H.E.R.O.S., INC., a California corporation;
ARROW AVIATION, LLC, a Louisiana
Limited Liability Company; 11 AEROSPACE
LLC, an Arizona Limited Liability Company,
doing business as ASI SERVICES;
RICHARD C. SWISHER; JOHN OR JANE
DOES 1-X; and DOE CORPORATIONS, XIXX,
Defendants.

Finding good cause therefore,
NOW THEREFORE IT IS HEREBY ORDERED, that these three cases (Quicksilver 1206; Pauley 12-367; and White 12-366) be transferred to Chief Judge Winmill for all purposes.
IT IS FURTHER ORDERED, that the Clerk shall change the case number designation on
each case to reflect this transfer.
IT IS FURTHER ORDERED, that the three cases be consolidated for all pretrial
purposes. The Court will discuss further with counsel whether the cases should be consolidated
for trial.
IT IS FURTHER ORDERED, that the October 5, 2012 hearing in Quicksilver on
HEROS, Inc.’s (“HEROS”) motion to dismiss for lack of personal jurisdiction is VACATED.

IT IS FURTHER ORDERED that the motion to dismiss in Quicksilver (CV12-06, Dkt.
13), the motion to dismiss filed in White, CV12-366 (Dkt. 7), and the motion to dismiss filed in
Pauley, CV12-367 (Dkt. 6), will all be heard together. Counsel are directed to contact the
Court’s Clerk, Jamie Gearhart (208-334-9021 or [e-mail]) to set up a
hearing date to argue those three motions.
IT IS FURTHER ORDERED, that Defendants’ Motion for Additional Time (Dkt. 40) is
GRANTED, in part, and DENIED in part. It is denied to the extent it seeks to postpone
responsive briefing on Quicksilver’s Contingent Motion to Transfer Venue (Dkt. 35 in 12-06)
until after a decision on the three motions to dismiss. It is granted to the extent it seeks
additional time to file response briefs. The Court will extend the time for Defendants to file
briefs in response to the Motion to Transfer (Dkt. 35) to December 7, 2012. Any reply brief is
due December 21, 2012.
4.

The parties in the Pauley, White, and Quicksilver cases shall have until

November 9, 2012 to undertake discovery, but that discovery is limited to HEROS.’s lack of
personal jurisdiction defense. To aid in this process, HEROS shall provide all parties the
jurisdictional discovery responses and deposition testimony previously provided in the
Quicksilver action.
4.

Each named Defendant in the Quicksilver, Pauley, and White cases shall have

until 20 days after Defendant HEROS’s pending motions to dismiss are decided in which to
respond to the claims alleged against them in the complaints filed in each of the three cases.
5.

A telephone scheduling conference will be held to set case management deadlines

after the Court rules on the pending motions to dismiss.

DATED: September 24, 2012

B. LYNN WINMILL
Chief Judge
United States District Court