Our dramatis personae - some lawyers in federal court, in a lawsuit over a personal injury on an airplane.
Bartholomew Banino (BB) represents the airline.
Peter LoDuca (PL) and Steven Schwartz (SS) represent the injured person.
Here's the docket (via @questauthority) https://www.courtlistener.com/docket/63107798/mata-v-avianca-inc/?filed_after=&filed_before=&entry_gte=&entry_lte=&order_by=asc
On March 1st, PL files that reply/opposition to the motion to dismiss.
It cites a bunch of cases in support of its argument! They seem quite convincing - there's some state courts holding that state courts can decide international airline accidents. (See pages 4 and 5). https://storage.courtlistener.com/recap/gov.uscourts.nysd.575368/gov.uscourts.nysd.575368.21.0.pdf
REPLY MEMORANDUM OF LAW in Support re: 16 MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6). . Document filed by Avianca, Inc...(Banino, Bartholomew) (Entered: 03/15/2023)
On April 11, the court orders PL to produce copies of the cases. https://www.courtlistener.com/docket/63107798/25/mata-v-avianca-inc/ Likewise, on April 12, the judge asks for another case. https://www.courtlistener.com/docket/63107798/27/mata-v-avianca-inc/
(This is not necessarily so unusual - some judges have local rules requiring litigants to attach unpublished cases to filings to save the court from having to go find them.)
ORDER: By April 18, 2022, Peter Lo Duca, counsel of record for plaintiff, shall file an affidavit annexing copies of the following cases cited in his submission to this Court: as set forth herein. Failure to comply will result in dismissal of the action pursuant to Rule 41 (b), Fed. R. Civ. P. SO ORDERED. (Signed by Judge P. Kevin Castel on 4/11/2023) (ama) (Entered: 04/11/2023)