Letter,Correspondence: Hannah Bocker, Sarah Bocker, Barbara Bocker as Administrator of the Estate of Gerard Bocker and Barbara Bocker Individually v. Hergin Aviation Inc., Knipping-Diaz And Associates Inc., Cessna Aircraft Corporation d/b/a n/k/a Textron Aviation Inc., Hartzell Engine Components Inc., Hartzell Engine Technologies, Continental Aerospace Technologies Inc. f/k/a Continental Motors, Inc., Southtecaviation Llc, Berkshire Aviation Enterprises, Inc., Berkshire Aviation Holdings, Inc., Berkshire Aviation Enterprises, Llc, Pine Mountain Aviation, Llc, John Does 1-10

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                                FILED: DUTCHESS COUNTY CLERK 03/29/2024 01:02 PM                                                      INDEX NO. 2021-53475
NYSCEF DOC. NO. 357                                                                          RECEIVED NYSCEF: 03/29/2024




        Connell Foley LLP                                                                            Samantha M. Diorio
        875 Third Avenue                                                                                      Associate
        21st Floor                                                                               SDIORIO@CONNELLFOLEY.COM
        New York, NY 10022
        P 212.307.3700 F 212.542.3790




                                                March 29, 2024
             VIA ECF

             Honorable Thomas R. Davis, J.S.C.
             New York State Supreme Court
             Dutchess County Supreme Court
             10 Market Street
             Poughkeepsie, New York 12601

                     Re:      Hannah Bocker, et al. v. Hergin Aviation, et al.
                              Index No.: 2021-53475
                              CF File No.: 12160/135900

             Dear Judge Davis:

                      We represent Defendant Hartzell Engine Technologies LLC (“HET”) in the above
             referenced matter. In accordance with Your Honor’s March 11th Order, please accept this letter
             brief in renewed support of HET’s motion to dismiss the Plaintiffs’ Complaint as to HET (Motion
             Sequence No. 3), pursuant to CPLR §3211(a)(8), together with such other relief as this Court may
             deem just, proper, and equitable. We note that HET and Plaintiffs are diligently working towards
             reaching a resolution of Plaintiffs’ claims brought in Delaware and in this matter.

                      HET renews and relies upon all of the arguments, affidavits, and exhibits set forth it in its
             original papers – including but not limited to the Memorandum of Law and Affirmation in Support.
             HET is not subject to either general or specific personal jurisdiction in New York. Therefore,
             Plaintiffs’ claims against HET must be dismissed.

                     In accordance with Your Honor’s June 13, 2023 Order (NYSECF Doc. No. 220), HET
             provided additional paper discovery and produced Keith Bagley, President of HET, for a
             deposition. Both the paper discovery and Mr. Bagley’s deposition sought to address the specific
             points raised in the June 13, 2023 Order. It is HET’s position that the additional discovery and Mr.
             Bagley’s deposition established that: (1) SkyGeek is not an HET distributor and has no
             relationship – contractual, formal, or informal – with HET; (2) HET does not have an exclusive
             distributor agreement with any entity regarding its turbochargers; and (3) HET did not conduct
             any business in New York related to Plaintiffs’ claims brought against HET.

                    For the reasons set forth it in its original motion papers, and incorporating the jurisdictional
             discovery conducted, HET is not subject to either general or specific personal jurisdiction in New
             York. Therefore, Plaintiffs’ claims against HET must be dismissed.




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FILED: DUTCHESS COUNTY CLERK 03/29/2024 01:02 PM                                             INDEX NO. 2021-53475
NYSCEF DOC. NO. 357                                                                   RECEIVED NYSCEF: 03/29/2024
          Hannah Bocker, et al. v. Hergin Aviation, et al.
          March 29, 2024
          Page 2


                   We thank the Court for its consideration of this matter.

                                                                Respectfully Submitted,



                                                                Samantha M. Diorio

          SMD/smd


          CC: All Counsel of Record via NYSECF




          15123342-1

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