Mata v. Avianca, Inc.
Response in Opposition to Motion — Document #29
District Court, S.D. New York
Description
RESPONSE in Opposition to Motion re: 16 MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6). . Document filed by Roberto Mata. (Attachments: # 1 Exhibit Varghese v. China Southern Airlines, # 2 Exhibit Shaboon v. Egypt Air, # 3 Exhibit Peterson v. Iran Air, # 4 Exhibit Martinez v. Delta Airlines, # 5 Exhibit Estate of Durden v. KLM Royal Dutch Airlines, # 6 Exhibit Ehrlich v. American Airlines, # 7 Exhibit Miller v. United Airlines, Inc., # 8 Exhibit Ttivelloni-Lorenzi v. Pan American World Airways, Inc.).(LoDuca, Peter) (Entered: 04/25/2023)
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Case 1:22-cv-01461-PKC Document 29 Filed 04/25/23 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK X Civil Action No.: 22-cv-1461 ROBERTO MATA (PKC) Plaintiff, -against- AVIANCA, INC. AFFIDAVIT Defendant(s) ---- x STATE OF NEW YORK SS.: COUNTY OF KINGS PETER LoDUCA, being duly sworn states as follows: 1. That I am an attorney associated with the law firm of Levidow, Levidow & Oberman, P.C. attorneys for the plaintiff herein, and do hereby declare that the foregoing is true and correct. 2. That pursuant to Court Order I have annexed copies of the following cases previously cited: Varghese v. China Southern Airlines Co Ltd, 925 F.3d 1339 (11th Cir. 2019) Shaboon v. Egyptair 2013 IL App (1st) 111279-U (Ill. App. Ct. 2013) Petersen v. Iran Air 905 F. Supp 2d 121 (D.D.C. 2012) Martinez v. Delta Airlines, Inc., 2019 WL 4639462 (Tex. App. Sept. 25, 2019) Estate of Durden v. KLM Royal Dutch Airlines, 2017 WL 2418825 (Ga. Ct. App. June 5, 2017) Ehrlich v. American Airlines Inc., 360 N.J. Super 360 (App. Div. 2003) Miller v. United Airlines, Inc., 174 F.3d 366 (2d Cir. 1999) In re Air Crash Disaster Near New Orleans, LA 821 F. 2d 1147, 1165 (5th Cir. 1987) 3.That I was unable to locate the case of Zicherman v. Korean Air Lines Co., Ltd, 516 F.3d 1237 (11th Cir. 2008) which was cited by the Court in Varghese. 4. That the opinions on the cases of Varghese v. China Southern Airlines Co Ltd, 925 F.3d 1339 (11th Cir. 2019), Shaboon v. Egyptair 2013 IL App (1st) 111279-U (Ill. App. Ct. 2013), Petersen v. Iran Air 905 F. Supp 2d 121 (D.D.C. 2012), Martinez v. Delta Airlines, Inc. 2019 WL 4639462 (Tex. App. Sept. 25, 2019), Estate of Durden v. KLM Royal Dutch Airlines, 2017 WL 2418825 (Ga. Ct. App. June 5, 2017) and Miller v. United Airlines, Inc., Case 1:22-cv-01461-PKC Document 29 Filed 04/25/23 Page 2 of 2 174 F.3d 366 (2d Cir. 1999) may not be inclusive of the entire opinions but only what is made available by online database. 5. That the opinion in Shaboon v. Egyptair 2013 IL App (1st) 111279-U (Ill. App. Ct. 2013) is an unpublished opinion. Dated: New York, New York April 25, 2023 Poth de PETER LoDUCA, ESQ. Sworn to before me this 25" day of January 2023 “ STEVEN SCHWARTZ | Notary Public, State of New York CU rassteetion #025C4998539 T y Qualified In New York County | Commission Expires August 5, 20%