US Bankruptcy Judge Martin Glenn has ordered LATAM Airlines Group to comply with a GOL Linhas Aéreas Inteligentes application to depose three executives, which was authorised in February after it was found that LATAM broke GOL’s bankruptcy automatic stay by trying to poach aircraft leases.
First reported by specialised news outlet Law360, Glenn told LATAM that the order remains in place for three depositions and that it was not moot despite LATAM withdrawing its interest in GOL’s planes and it successfully renegotiating leases with lessors.
GOL had sought to depose any of the following current and ex-LATAM employees:
- Sebastián Acuto - VP Fleet & Projects, also signatory of the Stay Violation Letter according to GOL;
- Emilio del Real - VP Human Resources at LATAM;
- Roberto Alvo - CEO at LATAM;
- Ramiro Alfonsín - CFO at LATAM;
- Martin St. George - former CCO at LATAM and now JetBlue Airways (B6, New York JFK) president;
- Andreas Schek - VP Sales and Branding at LATAM; and
- Jerome Cadier - CEO of LATAM Airlines Brasil (JJ, São Paulo Congonhas).
In its original application, GOL said these individuals possessed unique knowledge on the matter, “including the decision to disseminate the Stay Violation Letter to GOL’s lessors, the decision to hire Boeing 737 pilots, and the LATAM Interview.”
The standoff between the carriers began the day after GOL filed for Chapter 11 protection when LATAM sent a letter to several lessors seeking B737s, a model it has not operated since 2014. In May, the company scrapped its plans to take any of GOL’s B737s, saying GOL had a “lack of meaningful engagement in entering into commercial discussions.”
LATAM Airlines Group declined to comment on the matter to ch-aviation.
However, Togut Segal & Segal LLP, which represents LATAM, argued that its client had simply notified lessors that it was interested in growing its operations, not targeting GOL. The firm added that GOL wanted to take a peak into LATAM’s operations, strategy, and business through the depositions. However, Glenn said discovery should not contain any confidential information about LATAM and should only be made to look for evidence of a possible lawsuit.
