Telus Communications, Inc. v. Signature Aviation Services Corporation

District Court, D. Delaware·Decided March 3, 2026·No. 1:25-cv-01372·Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE TELUS COMMUNICATIONS, INC., Plaintiff, v. Civil Action No. 25-1372-GBW SIGNATURE AVIATION SERVICES CORPORATION, Defendant.

Joseph S. Naylor, SWARTZ CAMPBELL LLC, Wilmington, DE; Daniel H.R. Laguardia, ALLEN OVERY SHEARMAN STERLING US LLP, San Francisco, CA; Emily Westridge Black, ALLEN OVERY SHEARMAN STERLING US LLP, Austin, TX. Counsel for Plaintiff Joe P. Yeager, MARGOLIS EDELSTEIN, Wilmington, DE. Counsel for Defendant

MEMORANDUM OPINION March 3, 2026 Wilmington, Delaware

GREGORY B. WILLIAMS UNITED STATES DISTRICT JUDGE

Pending before the Court is the Motion of Defendant Signature Aviation Services Corporation (“Defendant”) to Dismiss the Complaint Pursuant to Rule 12(b)(7), Forum Non Conveniens, and Rule 12(b)(6) (“Defendant’s Motion”). (D1. 6). — Plaintiff Telus Communications, Inc. (“Telus” or “Plaintiff’) opposes. (D.I. 10). Defendant’s Motion has been fully briefed! (D.1. 6, Ex. 1; D.I. 10; D.I. 12). For the reasons set forth below, Defendant’s Motion is DENIED. IL BACKGROUND On February 27, 2025, Plaintiff's employees “traveled from Boston Logan International Airport to Charlottesville-Albemarle Airport,” in “a 2014 Gulfstream G550 corporate jet bearing tail number C-FTEL (the ‘Aircraft’)” and “landed in Charlottesville at approximately 3:08 p.m. local time.” (D.I. 1 99 8, 11). “Upon landing, the Aircraft taxied to [Defendant’s] private terminal and was ushered by [Defendant’s] employees to a parking space on a tarmac operated by [Defendant].” (Jd. § 12). “Once parked, [Defendant’s] employees placed wheel chocks on all landing gear to prevent the Aircraft from moving.” (/d. § 13). Some time after Plaintiff's employees disembarked the aircraft, “[a]n Embraer 190 aircraft (the Embraer’) subsequently landed at Charlottesville-Albemarle Airport and taxied to [Defendant’s] private terminal,” ultimately parking “105 feet from the Aircraft.” (Ud. § 14).

The Court notes that the parties’ briefing is noncompliant with this District’s local rules. First, Defendant’s opening brief does not contain a table of contents, nor a table of authorities, as required by D. Del LR 7.1.3(c)(1)(A)-(B). (See D.I. 6, Ex. 1). Also, both Plaintiff's answering brief and Defendant’s reply brief do not contain page numbers, also required by the local rules. (See D.I. 10; D.I. 12); see also D. Del. LR 5.1.1(a) (“Each page shall be numbered consecutively.”).

“The passengers of the Embraer arranged transportation from the airport by a charter bus operated by” non-party Errands Plus Inc. d/b/a RMA Worldwide Chauffeured Transportation (“RMA”) (D.I. 1 915). “RMA dispatched its employee, 76-year-old Harold Benjamin [(‘Mr. Benjamin’)], to pick up and transport the Embraer passengers.” (/d.). “Mr. Benjamin had arrived at the airport before the Embraer, and he was sleeping in the bus at or near [Defendant’s] terminal when the Embraer arrived.” (/d.). “Upon arrival of the Embraer,” an employee of Defendant, Chris Bolden (“Mr. Bolden”), woke Mr. Benjamin and escorted the bus to the Embraer, while another employee of Defendant, “Duane Herndon [(‘Mr. Herndon’)], directed Mr. Benjamin to follow Mr. Bolden’s escort vehicle to the Embraer.” (/d. § 16). “Under [Defendant’s] direction and escort, Mr. Benjamin then drove the bus directly into the wing of the Aircraft, causing significant damage to the Aircraft.” (/d. 9 17). “Either Mr. Bolden led Mr. Benjamin into the wing of the Aircraft, or Mr. Benjamin deviated from Mr. Bolden’s indicated path and Messrs. Bolden and Herndon failed to stop him, causing the collision.” (Ud). Il. LEGAL STANDARDS A. Rule 12(b)(7) Motion to Dismiss Federal Rule of Civil Procedure 12(b)(7) provides for dismissal for the plaintiffs “failure to join a party under Rule 19.” Fed. R. Civ. P. 12(b)(7). “For the purpose of Rule 12(b)(7), the court accepts as true the factual allegations of the complaint.” Util. Lines Const. Servs. Inc. v. HOTHI, Inc., 799 F. Supp. 2d 331, 337 (D. Del. 2011) (citing Jurimex Kommerz Transit G.M.B.H. v. Case Corp., 65 Fed. App’x. 803, 805 (3d Cir. 2003)). A “Rule 19 analysis is a two-step process.” Culinary Serv. of Delaware Valley, Inc. v. Borough of Yardley, Pa, 385 F. App’x 135, 145 (3d Cir. 2010) (citing Gen. Refractories Co. v. First State Ins. Co., 500 F.3d 306, 312 (3d Cir. 2007)). “First, under Rule 19(a), a district court

considers whether a party is necessary to an action.” Guthrie Clinic, Ltd. v. Travelers Indem. Co. of fil., 104 F. App’x 218, 221 (3d Cir. 2004). “Ifa party is deemed necessary, then joinder must occur if feasible.” Jd “If they should be joined, but their joinder is not feasible inasmuch as it would defeat diversity of citizenship” the court “next must determine whether the absent parties are ‘indispensable’ under Rule 19(b).” Gen. Refractories, 500 F.3d at 312. “A holding that joinder is compulsory under Rule 19(a) is a necessary predicate to” making a “determination under Rule 19(b).” Culinary Serv., 385 F. App’x at 145 (citing Gen. Refractories, 500 F.3d at 313). B. Forum Non Conveniens Under the doctrine of forum non conveniens, “a federal district court may dismiss an action on the ground that a” different “court ... is the more appropriate and convenient forum for adjudicating the controversy.” Sinochem Int’l Co. v. Malay. Int’l Shipping Corp., 549 U.S. 422, 425 (2007). It is the movant’s burden to demonstrate that a dismissal for forum non conveniens is warranted. Bhatnagar v. Surrendra Overseas Lid., 52 F.3d 1220, 1226 (3d Cir. 1995). The Court’s analysis under the doctrine of forum non conveniens “proceeds in three steps.” Behrens v. Arconic, Inc., Nos. 21-1040, 21-1041, 2022 WL 2593520, at *2 (3d Cir. July 8, 2022). First, the Court “must determine whether there is an adequate alternate forum to hear the plaintiffs claims.” Jd. (citing Trotter v. 7R Holdings LLC, 873 F.3d 435, 442 (3d Cir. 2017)). Second, the Court “must decide the degree of deference due to the plaintiff's forum choice.” /d. (citing Trotter, 873 F.3d at 442). Third, the Court “must ‘balance the relevant private and. public interest factors’ to determine whether it would be more appropriate and convenient for the parties to proceed in the alternate forum.” Jd. (quoting Trotter, 873 F.3d at 442). “The private interest factors include: access to sources of proof: availability of compulsory process for attendance of unwilling witnesses; the cost of obtaining attendance of willing

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Telus Communications, Inc. v. Signature Aviation Services Corporation, (D. Del. 2026).

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