IVYPORT LOGISTICAL SERVICES, INC

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Case:04-07016-GAC11 Doc#:256 Filed:05/03/05 Entered:05/03/05 16:59:25 Desc: Main
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IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF PUERTO RICO

EIVYPORT LOGISTICAL SERVICES, INC Case No. 04-07016 (GAC)

May 0 3 2005

Debtor Involuntary Chapter 11

‘LERK
> sare uPTCY COURT

GAN JUAN, PUERTO RICO

DECISION AND ORDER

On April 7, 2005, Caribbean Sun Airlines, Inc. ({*CSA") filed
an adversary proceeding, Adv. No. 05-88, against the debtor and
Caribbean Airport Facilities, Inc. (“CAF”). The complaint is an
Interpleader seeking a determination as to whether the debtor or
CAF is the rightful owner of certain funds which pertain to fees of
the Puerto Rico Ports Authority (“PRPA’). CSA deposited the sum of
$18,197.25 with the Court. The time to answer or otherwise plead
has not yet expired.

On April 19, 2005, CAF filed an urgent motion in the legal.
case seeking withdrawal of the funds deposited by CSA in the
adversary proceeding (dkt. #224). CAF also requests dismissal of
the adversary proceeding, an order directing CSA to pay all future
fees to CAF and an order requiring the debtor to cease and desist
from creating obstacles to compliance with a previous order of the
Court requiring the debtor to make PRPA fee payments to CAF.

The Court notes that CAF is filing every motion as urgent,
irrespective of whether the matter involves any urgency. While the

Court has been lenient with CAF in the past, CAF is admonished to

1

AUTHENTICATED
U.S. GOVERNMENT
INFORMATION

GPO

Case:04-07016-GAC11 Doc#:256 Filed:05/03/05 Entered:05/03/05 16:59:25 Desc: Main
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carefully weigh whether the matter involves an emergency before
filing another motion marked as urgent before this Court. any
future motions marked “urgent,” shall include a certification by
CAF that the matter has been carefully examined and that there is
a true need for emergency court action. Failure to include the
certification will result in such motions being summarily denied.

CAF seeks to withdraw funds that are the subject of an
adversary proceeding. In essence, CAF is requesting summary
judgment as to the complaint. Pursuant to Fed. R. Civ. P. 56, made
applicable by Fed. R. Bankr. P. 7056, CAF must file this request in
the adversary proceeding. CAF also seeks dismissal of the
complaint, which is governed by Fed. R. Civ. P. 12, made applicable
by Fed. R. Bankr. P. 7012. This request must also be filed in the
adversary proceeding. Finally, CAF seeks a declaratory judgment
and an injunction, both of which are governed by Fed. R. Bankr. P.
7001 and require the filing of an adversary proceeding or that the
requests arise in the context of an adversary proceeding. The

requests may not be filed in the legal case.

Case:04-07016-GAC11 Doc#:256 Filed:05/03/05 Entered:05/03/05 16:59:25 Desc: Main
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ORDER
For the reasons stated above, IT IS ORDERED that CAF’s
“urgent” motion for the withdrawal of funds deposited by CSA in
Adv. No. 05-88, shall be, and it hereby is, DENIED.
SO ORDERED.

San Juan, Puerto Rico, this 20 day of April, 2005.

GERARDO A, CARLO
Chief, U.S. Bankruptcy Judge