| Plane Bought
To Transfer Organs Is Grounded in China,
Asian Pacific Must Produce Documents
By Matthew
Russell Lee, Patreon Maxwell
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BBC -
Honduras
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SDNY COURTHOUSE,
August 22 – An airplane
grounded in China has given
rise to litigation in two
countries. Jet Experts, LLC,
affiliated with Dr. Bruce
Gillis to transport transplant
organs, has sued v. Asian
Pacific Aviation Limited and
TVPX Aircraft
Solutions.
On August 12,
2022 U.S. District Court for
the Southern District of New
York Judge Louis L. Stanton
held an in-person proceeding.
Inner City Press went and
covered it.
The
defense said it is difficult
to understand the ligitation
in China, that there is no
provision to get the papers in
the docket, even as a party.
Denton's has been hired, but
the plaintiff is using another
firm, the Zhong Lun Law Firm.
The case there is
in the Intermediate People's
Court of Hangzhou City. Judge
Stanton said he has read all
of the papers submitted to
him, except those in Chinese.
On August 18,
Judge Stanton ordered "that:
1. Defendant TVPX, which is
currently represented by
Chinese litigation counsel of
its choosing, must: A.
Immediately appear in the
Chinese Action through counsel
and engage in all best efforts
to correct any omissions and
errors in the Court's records,
including, without limitation,
providing the Court with: ( i)
an accurate translation of the
entire Trust Agreement,
especially clauses 8.01 and
8.02 concerning the ownership
of trust property and the
right to transfer which are
omitted from the Chinese
translation filed by Asian
Pacific; (ii) copies of
Plaintiff Jet Experts'
complaint in the US Action,
all temporary restraining
orders issued by this Court,
this Court's May 4, 2022 Order
and Judgment, and July 14,
2022 Order; (iii) the Second
Circuit's Order denying
Defendants' emergency stay
motion; and (iv) (Dkt. 58-1)
Wang Ling's April 19, 2022
Declaration in support of
Defendants' Opposition to
Plaintiff's Motion for a
Temporary Restraining Order,
(Dkt. 58-3) Guodong Chen's
April 19, 2022 Declaration in
support of Defendants'
Opposition to Plaintiff's
Motion for a Temporary
Restraining Order and (Dkt.
61) Defendants' April 20, 2022
Letter to the Court. B. Show
to the Chinese Court: (i) That
it is the owner and legal
title holder of the Aircraft,
with the sole right to pledge
the Aircraft as collateral,
which it has never done; (ii)
The absence of any
relationship,agreement, loan,
pledge, or debt between TVPX
and plaintiff Zhejiang; (iii)
TVPX's duty to sell the
Aircraft to Jet Experts, by
contract and by order of this
Court. C. Immediately appear
in the Chinese Action through
counsel and engage in all best
efforts to seek emergency and
permanent relief from the
Chinese Court to vacate the
seizure order on every legally
plausible basis.The Court will
address plaintiff's request
for discovery from defendants
and their counsel separately.
(Signed by Judge Louis L.
Stanton on 8/18/2022)."
On August 22
Judge Stanton ordered, " On
August 8 , 2022 , the Court
orally directed Asian Pacific
's defense counsel to produce
"all of the communications
back and forth between your
client and the [Chinese] court
. All of the submissions to
the court , all of their
arguments to the court and all
of the communications between
the court and your client and
between the plaintiff that
action and your client . That
should not be too hard to
assemble ." Defense counsel
replied , "I agree , your
Honor ." (Tr . pp . 9- 10) .
Counsel has not yet complied
fully with that directive ,
and therefore , it is now
ORDERED , that Defendant Asian
Pacific , Brendan Collins, Esq
. and GKG Law shall produce on
a rolling basis by no later
than Friday, September 2 ,
2022, all the above listed
documents and communications ,
and any other documents and
communications relating to the
Chinese Court action and its
underlying transactions, facts
, and occurrences.
Materials withheld on
the basis of privilege should
be listed separately in a
privilege log."
This case
is Jet Experts, LLC v. Asian
Pacific Aviation Limited et
al., 22-cv-2426
(Stanton)
***
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