Sun-Air of Scandinavia A/S v. Jet Support Services, Inc.

Filing 12

ORDER GRANTING MOTION TO COMPEL BRITISH AIRWAYS' COMPLIANCE WITH NON-PARTY SUBPOENA granting 4 Motion re: 4 MISCELLANEOUS CASE INITIATING DOCUMENT - MOTION to Compel British Airways PLC to Produce Documents and Appear for a Deposit ion Notice of Motion. JSSI's Motion to Compel Compliance with Non-Party Subpoena is GRANTED, and British Airways must produce the documents and materials requested by JSSI's document requests by November 9, 2023, or at a date a nd time otherwise agreed upon by the parties. It is further ordered that British Airways must produce a witness to testify on the topics requested by JSSI's deposition subpoena by November 30, 2023, or at a date and time otherwise agreed upon by the parties. Finally, having found that British Airways failed to produce a witness for deposition and that its failure to otherwise respond was purposeful, it is further ordered that JSSI is entitled to its attorney fees and costs incurred in filing the Motion to Compel Compliance with Non-Party Subpoena. Within fourteen days, JSSI's counsel shall submit to the Court and to British Airways' counsel an itemized record of fees and expenses reasonably incurred by JSSI's coun sel in connection with researching, drafting, and filing the Motion to Compel and related briefing. This also includes any other efforts JSSI's counsel made after the compliance date of September 25, 2023, to reach British Airways in order to avoid filing the Motion to Compel Compliance with Non-Party Subpoena. (Signed by Judge Edgardo Ramos on 10/26/2023) (rro)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK SUN-AIR OF SCANDINAVIA A/S, Plaintiff, v. JET SUPPORT SERVICES, INC., Defendant. ) ) ) ) ) ) ) ) ) ) ) ) Misc. Case No. 23-MC-387 _______ DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS N.D. Ill. Case No. 1:22-cv-00068-JCD ORDER GRANTING MOTION TO COMPEL BRITISH AIRWAYS’ COMPLIANCE WITH NON-PARTY SUBPOENA Having considered Defendant/Counterclaimant Jet Support Services, Inc.’s (“JSSI”) Motion to Compel Compliance with Non-Party Subpoena under Rule 45 of the Federal Rules of Civil Procedure, it is HEREBY ORDERED that: JSSI’s Motion to Compel Compliance with Non-Party Subpoena is GRANTED, and British Airways must produce the documents and materials requested by JSSI’s document requests November 9 2023, or at a date and time otherwise agreed upon by the parties. It is further by ___________, ordered that British Airways must produce a witness to testify on the topics requested by JSSI’s November 30 2023, or at a date and time otherwise agreed upon by deposition subpoena by ______________, the parties. Finally, having found that British Airways failed to produce a witness for deposition and that its failure to otherwise respond was purposeful, it is further ordered that JSSI is entitled to its attorney fees and costs incurred in filing the Motion to Compel Compliance with Non-Party Subpoena. Within fourteen days, JSSI’s counsel shall submit to the Court and to British Airways’ counsel an itemized record of fees and expenses reasonably incurred by JSSI’s counsel in connection with researching, drafting, and filing the Motion to Compel and related briefing. This also includes any other efforts JSSI’s counsel made after the compliance date of September 25, 2023, to reach British Airways in order to avoid filing the Motion to Compel Compliance with Non-Party Subpoena. IT IS SO ORDERED. October 26 2023 Dated: ______________________, New York, New York __________________________________ Edgardo Ramos, U.S.D.J. 2

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