Frontier Airlines, Inc. v. AMCK Aviation Holdings Ireland Limited et al, No. 1:2022cv02943 - Document 59 (S.D.N.Y. 2023)

Court Description: OPINION & ORDER re: 38 MOTION to Dismiss the Second Amended Complaint filed by AMCK Aviation Holdings Ireland Limited, UMB Bank, N.A., Maverick Aviation Holdings Ltd., Carlyle Aviation Management Limited, Accipiter Investmen t 4 Limited, Manchester Aviation Finance s.a.r.l., Wells Fargo Trust Company, N.A., Accipiter Holdings DAC, Vermillion Aviation (Two) Limited, 45 MOTION to Dismiss the Second Amended Complaint filed by Vermillion Aviation Hold ings Limited. For the foregoing reasons, the Court grants the defendants' motions to dismiss as to the declaratory judgment (Counts Two and Three) and fraudulent transfer claims (Counts Four and Five), and denies the motion to dismiss as to the breach of contract claim (Count One). The Clerk of Court is respectfully directed to terminate all pending motions. This litigation will proceed on the one surviving claim, which is brought against defendants Accipiter, Accipiter Holdings, Vermillion, UMB Bank, and Wells Fargo. The parties are directed to file, by June 15, 2023, a joint case management plan in accordance with the Court's Individual Rules and Practices. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 6/7/2023) (vfr)