Opinion

Mission Air Support Inc v. KSNL Aero LLC

Court
District Court, W.D. Oklahoma
Filed
Apr 29, 2022
Cited by
0 cases
Authority
More cited than 28.6%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF OKLAHOMA

MISSION AIR SUPPORT, INC. )

)

Plaintiff, )

)

v. ) CIV-21-1034-D

)

KSNL AERO, LLC, )

)

Defendant. )

ORDER

Before the Court is Plaintiff Mission Air [sic] Inc.’s Motion for Declaratory

Judgment Regarding Validity of Defendant’s Purported Liens [Doc. No. 25]. The motion

seeks an order declaring that two liens held by Defendant KSNL Aero, LLC on certain

aircraft owned by Plaintiff are invalid. Defendant has responded in opposition [Doc. No.

30] and the matter is now at issue.

Plaintiff owns two aircraft – a Beechcraft King Air 200 N32TP and a Beechcraft

King Air 200 N970KR – that were flown to Defendant’s repair facility on May 7, 2021.

Pl.’s Br. ¶¶ 1-3. On August 9, 2021, Defendant filed two separate statements claiming a

lien on each aircraft “pursuant to Okla. Stat. tit. 42 §§ 91 et seq.” for storage, material, and

labor. Id. at ¶¶ 4-5, Def.’s Br. Ex. 1. After Plaintiff made the payments demanded by

Defendant regarding the repairs to aircraft N970KR, Defendant released the aircraft and

submitted a disclaimer of the lien to a title company. Pl.’s Br. at ¶ 6, Def.’s Br. Ex. 2 [Doc.

No. 30-2]. Defendant has, however, retained possession of aircraft N32TP, claiming that

Plaintiff owes it payment for repair work. Pl.’s Br. at ¶ 7.

Plaintiff initiated this action in state court asserting claims for Replevin, Loss of

Revenue, Negligence, Trespass to Chattels, Equitable Relief, Concealment and Inspection,

and injunctive relief. See Petition [Doc. No. 1-2]. Defendants removed the action and

asserted counterclaims for breach of contract and foreclosure of the lien against aircraft

N32TP [Doc. Nos. 1, 6]. Plaintiff now seeks a declaratory judgment that Defendant’s liens

on the aircraft are invalid. For several reasons, Plaintiff is not entitled to the relief it seeks.

To begin, Plaintiff’s motion is procedurally improper. Under Fed. R. Civ. P. 57 and

28 U.S.C. § 2201, the proper procedure by which to obtain a declaratory judgment is to file

“an appropriate pleading” seeking a declaration of rights. 28 U.S.C. § 2201(a). A

“pleading” includes a complaint or an answer; it does not include a motion. Fed. R. Civ. P.

7(a). Plaintiff’s Petition does not plead a claim for a declaratory judgment, nor does it so

much as mention the liens it now seeks to have declared invalid. Plaintiff’s belated “attempt

to inject a declaratory judgment action into this proceeding by a motion many months after

the filing of the [] complaint is inappropriate.” Est. of Gonzales ex rel. Gonzales v. Brown,

No. 12-CV-495-JED-PJC, 2014 WL 4748604, at *5 (N.D. Okla. Sept. 23, 2014).

In addition to being procedurally improper, the substantive arguments made in

Plaintiff’s motion are unpersuasive. Plaintiff first asserts that the liens are invalid because

they were filed under the wrong statutory section. Specifically, Plaintiff argues that

Defendant “filed its lien under [Okla. Stat. tit. 42] § 91 rather than § 91A.” Pl.’s Br. at 3.

Defendant does not dispute that § 91A governs the liens, but instead points out that its lien

statements provide that they are filed “pursuant to Okla. Stat. tit. 42 §§ 91 et seq.” Def.’s

Br., Ex. 1. Of course, the term “et seq.” is an abbreviation used to indicate “[a]nd those

(pages or sections) that follow.” Black’s Law Dictionary (11th ed. 2019). Thus,

Defendant’s reference to “$§ 91 et seq.” is sufficient to encompass § 91A,

Plaintiff also argues that the lien on the N32TP aircraft is invalid because Defendant

failed to foreclose on the lien within sixty days.! Although § 91A(B)(3) requires a

lienholder to enforce its lien within sixty days of filing, this “provision applies only when

the lienholder has lost possession” of the property. Blue Sky Telluride, L.L.C. v.

Intercontinental Jet Serv. Corp., 328 P.3d 1223, 1229 (Okla. Civ. App. 2014). Plaintiff

concedes that Defendant still possess the aircraft but argues that Defendant does not

“lawfully” possess the aircraft because there was no contract between the parties

authorizing any repairs. Pl.’s Br. at 4. Defendants contest this assertion and Plaintiff has

failed to offer any evidentiary support for its claims. The Court is not persuaded that it is

appropriate to invalidate the lien based on Plaintiff's unsupported assertion that

Defendant’s initial possession of the aircraft was unlawful.

Accordingly, for the reasons explained above, Plaintiff's Motion for Declaratory

Judgment Regarding Validity of Defendant’s Purported Liens [Doc. No. 25] is DENIED.

IT IS SO ORDERED this 29" day of April, 2022.

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TIMOTHY D. DeGIUSTI

Chief United States District Judge

' Defendant makes the same argument with respect to the lien on aircraft N97OKR.

However, Defendant does not seek foreclosure of that lien and the aircraft was returned to

Plaintiff's possession.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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