JB Aviation v. R Aviation Charter Services, LLC

143 F. Supp. 3d 37, 2015 U.S. Dist. LEXIS 153207, 2015 WL 7009191
CourtDistrict Court, E.D. New York
DecidedNovember 12, 2015
DocketNo. 14 CV 5175(DRH)(AKT)
StatusPublished

This text of 143 F. Supp. 3d 37 (JB Aviation v. R Aviation Charter Services, LLC) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
JB Aviation v. R Aviation Charter Services, LLC, 143 F. Supp. 3d 37, 2015 U.S. Dist. LEXIS 153207, 2015 WL 7009191 (E.D.N.Y. 2015).

Opinion

MEMORANDUM AND ORDER

HURLEY, Senior District Judge:

Plaintiffs JB Aviation (“JBA”) and its member Jefferson Bramble (“Bramble”) (collectively “plaintiffs”) bring this action against R Aviation Charter Services, LLC [41]*41(“RACS”) and John Rosatti (“Rosatti”), the manager of RACS, (collectively “defendants”) asserting breach of contract, unjust enrichment, and misrepresentation claims. Presently before the Court is defendants’ motion to dismiss for lack of personal jurisdiction pursuant to Federal Rule of Civil Procedure (“Rule”) 12(b)(2), for improper venue pursuant to Rule 12(b)(3), and for failure to state a claim pursuant to Rule 12(b)(6). In the alternative, defendants move to transfer venue to the Southern District of Florida pursuant to 28 U.S.C. § 1404. For the reasons set forth below, the motion to dismiss is granted in part and denied in part and the motion to transfer venue is denied.

BACKGROUND

The following facts are taken from plaintiffs’ Complaint.

Plaintiffs allege that in June of 2010, the parties entered into a contract in which plaintiffs agreed to act as a private aircraft broker for defendants, and defendants agreed to pay plaintiffs one and one half percent (1.5%) of the sale price of any aircraft purchase deal entered into by defendants that was facilitated and/or brokered by plaintiffs (the “Brokerage Agreement”). Pursuant to the Brokerage Agreement, the defendants also agreed to reimburse plaintiffs for any and all costs incurred by plaintiffs in carrying out those duties as defendants’ broker, including, but not limited to, costs of travel/transportation, lodging, and dining expenses.

In January of 2011, plaintiffs presented a Gulfstream Model GIV Aircraft, Serial Number 1066 (“the Gulfstream”) to defendants for their consideration and purchase from Aero Toy Store (“Seller”). Defendants then instructed plaintiffs to draft and forward to the Seller a letter of intent conveying an initial offer for the purchase of the Gulfstream. The Seller rejected defendants’ first offer, and plaintiffs resumed efforts in seeking out an alternative aircraft. In April of 2011, the price of the Gulfstream was reduced. Plaintiffs conveyed this information to defendants, who instructed plaintiffs to draft and forward a second letter of intent (“the Letter of Intent”) to the Seller conveying another offer for the purchase of the Gulfstream. Defendants signed the Letter of Intent on or about May 9, 2011 and the Seller signed it on May 10, 2011. The Letter of Intent states that “Purchaser shall pay 1.5% of sale price to buyer’s agent (JB Aviation, LLC Westchester County Airport 2 Hangar Road, White Plains N.Y. 10604).”

On or about July 19, 2011, defendants and the Seller executed an Aircraft Purchase and Sale Agreement for the Gulf-stream (the “Purchase Agreement”). Article Seven, paragraph 15 of that agreement states that “[e]ach party ... shall bear its own transactional costs and expenses including, without limitation, any brokers’ commissions.”

Defendants asked Bramble to take on the additional role of project manager, which would entail managing the process of securing the Gulfstream’s status as airworthy. Plaintiffs claim that the parties agreed that in return for Bramble’s project management services, Bramble was given the chief pilot position for the Gulf-stream, and guaranteed to receive a salary “conforming to the average salary for a pilot of The Gulfstream” (the “Project Management Agreement”). (Compl. ¶ 27.) Pursuant the Project Management Agreement, defendants also agreed to reimburse Bramble for the costs and expenses associated with his project management duties, in the same manner as defendants had previously done regarding his role as broker. Plaintiffs allege that Bramble expended approximately three thousand hours of time, efforts, and energy in facili[42]*42tating the air-worthiness of the Gulf-stream. They claim that he spent years acting as project manager, foregoing other money making ventures and endeavors.

In December of 2011, Rosatti informed Bramble that he had hired two pilots for the Gulfstream, and that Bramble would not be retained as the Chief Pilot. In response, Bramble demanded that Rosatti provide adequate compensation and fair wages for the substantial time, effort, and energy Bramble expended in his role as project manager for the Gulfstream, but Rosatti refused to provide such compensation. Plaintiffs now claim that defendants have breached the Project Management Agreement in failing to retain Bramble as Chief Pilot of the Gulfstream. They also claim that defendants have failed to make payments due under the Brokerage Agreement.

DISCUSSION

I. Motion to Dismiss Pursuant to 12(b)(2)

On a motion to dismiss under Rule 12(b)(2), the plaintiff bears the burden of establishing jurisdiction over the defendant. See Metro. Life Ins. Co. v. Robertson-Ceco Corp., 84 F.3d 560, 566 (2d Cir.1996). Where, as here, the parties have not yet conducted discovery, plaintiff may defeat defendant’s Rule 12(b)(2) motion “by making a prima facie showing of jurisdiction by way of the complaint’s allegations, affidavits, and other supporting evidence.” Mortg. Funding Corp. v. Boyer Lake Pointe, LC, 379 F.Supp.2d 282, 285 (E.D.N.Y.2005). Moreover, given the early stage of the proceedings here, the Court must view the pleadings in a light most favorable to the plaintiff, see Sills v. The Ronald Reagan Presidential Found., Inc., 2009 WL 1490852, *5 (S.D.N.Y. May 27, 2009), and when evidence is presented, “doubts are resolved in the plaintiffs favor, notwithstanding a controverting presentation by the moving party,” A.I. Trade Fin., Inc. v. Petra Bank, 989 F.2d 76, 80 (2d Cir.1993). However, the Court is not bound by conclusory statements, without supporting facts. Jazini v. Nissan Motor Co. Ltd., 148 F.3d 181, 185 (2d Cir.1998).

In a diversity case, a federal district court exercises personal jurisdiction over a party in accordance with the law of the forum state, subject to the requirements of due process under the United States Constitution. See Whitaker v. American Telecasting, Inc., 261 F.3d 196, 208 (2d Cir.2001). In New York, courts may exercise either general or specific jurisdiction over defendants. General jurisdiction allows courts in New York to adjudicate all claims against an individual or a corporation, even those unrelated to its contacts with the state. See Sonera Holding B.V. v. Cukurova Holding A.S., 750 F.3d 221, 225 (2d Cir.2014). In contrast, specific jurisdiction “depends on an affiliation between the forum [state] and the underlying controversy, principally, activity or an occurrence that takes place in the forum State and is therefore subject to the State’s regulation.” Goodyear Dunlop Tires Operations, S.A. v. Brown, 564 U.S. 915, 131 S.Ct. 2846, 2851, 180 L.Ed.2d 796 (2011) (internal quotation marks and citations omitted).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Bell Atlantic Corp. v. Twombly
550 U.S. 544 (Supreme Court, 2007)
Ashcroft v. Iqbal
556 U.S. 662 (Supreme Court, 2009)
Goodyear Dunlop Tires Operations, S. A. v. Brown
131 S. Ct. 2846 (Supreme Court, 2011)
Faber v. Metropolitan Life Insurance
648 F.3d 98 (Second Circuit, 2011)
A.I. Trade Finance, Inc. v. Petra Bank
989 F.2d 76 (Second Circuit, 1993)
Jazini v. Nissan Motor Company, Ltd.
148 F.3d 181 (Second Circuit, 1998)
In Re Elevator Antitrust Litigation
502 F.3d 47 (Second Circuit, 2007)
Phillips v. Audio Active Ltd.
494 F.3d 378 (Second Circuit, 2007)
Harris v. Mills
572 F.3d 66 (Second Circuit, 2009)
Skultety v. Pennsylvania R. Co.
91 F. Supp. 118 (S.D. New York, 1950)
Mortgage Funding Corp. v. Boyer Lake Pointe, LC
379 F. Supp. 2d 282 (E.D. New York, 2005)
Cold Spring Harbor Laboratory v. Ropes & Gray LLP
762 F. Supp. 2d 543 (E.D. New York, 2011)
Neil Bros. Ltd. v. World Wide Lines, Inc.
425 F. Supp. 2d 325 (E.D. New York, 2006)
In Re Ski Train Fire in Kaprun, Austria on November 11, 2000
257 F. Supp. 2d 717 (S.D. New York, 2003)
Gentile v. Conley
636 F. Supp. 2d 246 (S.D. New York, 2009)
Whitaker v. American Telecasting, Inc.
261 F.3d 196 (Second Circuit, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
143 F. Supp. 3d 37, 2015 U.S. Dist. LEXIS 153207, 2015 WL 7009191, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jb-aviation-v-r-aviation-charter-services-llc-nyed-2015.