Case details

Court: nysd
Docket #: 1:05-cv-02745
Case Name: International Equity Investments, Inc. v. Opportunity Equity Partners, Ltd., et ano.
PACER case #: 264367
Date filed: 2005-03-10
Date terminated: 2008-04-30
Assigned to: Judge John G. Koeltl
Referred to: Magistrate Judge Ronald L. Ellis
Case Cause: 28:1332oc Diversity-Other Contract
Nature of Suit: 190 Contract: Other
Jury Demand: Both
Jurisdiction: Diversity

Parties

Represented Party Attorney & Contact Info
International Equity Investments, Inc.
Plaintiff
Carmine D. Boccuzzi , Jr
Cleary Gottlieb One Liberty Plaza New York, NY 10006 212-225-2000 Fax: 212-225-3499 Email: maofiling@cgsh.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Howard S. Zelbo
Cleary Gottlieb One Liberty Plaza New York, NY 10006 212-225-2000 Fax: 212-225-3499 Email: hzelbo@cgsh.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Citigroup Venture Capital Int'l Brazil, LLC
Plaintiff
On behalf of itself and Citigroup Venture Capital Int?l Brazil, L.P. (f.k.a CVC/Opportunity Equity Partners, L.P.).
Carmine D. Boccuzzi , Jr
(See above for address)
ATTORNEY TO BE NOTICED

Howard S. Zelbo
(See above for address)
ATTORNEY TO BE NOTICED

Citigroup Venture Capital International Brazil, L.P.
Plaintiff
Carmine D. Boccuzzi , Jr
(See above for address)
ATTORNEY TO BE NOTICED

Howard S. Zelbo
(See above for address)
ATTORNEY TO BE NOTICED

Brasil Telecom, S.A.
Movant
John Nicholas Orsini
Friedman Kaplan Seiler & Adelman LLP 7 Times Square, 28th Floor New York, NY 10036 (212) 833-1186 Fax: (212) 373-7986 Email: jorsini@fklaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Scott M Berman
Friedman Kaplan Seiler & Adelman LLP 7 Times Square, 28th Floor New York, NY 10036 212)-833-1120 Fax: (212)-373-7920 Email: sberman@fklaw.com
TERMINATED: 08/15/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Opportunity Equity Partners Ltd.
Defendant
formerly known asCVC/Opportunity Equity Partners Ltd.
Joseph D. Pizzurro
Curtis, Mallet-Prevost, Colt & Mosle, LLP(NYC) 101 Park Avenue New York, NY 10178 212 696 6196 Fax: 212 6971559 Email: jpizzurro@cm-p.com
LEAD ATTORNEY

Nancy Eileen Delaney
Curtis, Mallet-Prevost, Colt & Mosle, LLP(NYC) 101 Park Avenue New York, NY 10178 (212) 696 6939 Fax: (212) 697 1559 Email: ndelaney@cm-p.com
LEAD ATTORNEY

Peter Emmett Fleming , Jr
Curtis, Mallet-Prevost, Colt & Mosle, LLP(NYC) 101 Park Avenue New York, NY 10178 212-696-6008 Fax: 212-697-1559 Email: pfleming@cm-p.com
LEAD ATTORNEY

Eric Brenner
Boies, Schiller & Flexner LLP(Westchester) 333 Main Street Armonk, NY 10504 914-749-8224 Fax: 914-749-8300 Email: ebrenner@bsfllp.com
ATTORNEY TO BE NOTICED

Howard L. Vickery , II
Boies, Schiller & Flexner LLP (NYC) 575 Lexington Avenue New York, NY 10022 (212)446-2300 Fax: (212)446-2350 Email: hvickery@bsfllp.com
ATTORNEY TO BE NOTICED

Matthew Alan Katz
Schindler Cohen & Hochman 100 Wall Street New York, NY 10005 (212) 277-6315 Fax: (212) 277-6333 Email: mkatz@schlaw.com
ATTORNEY TO BE NOTICED

Philip C. Korologos
Boies, Schiller & Flexner LLP (NYC) 575 Lexington Avenue New York, NY 10022 212 446 2390 Fax: 212 446 2350 Email: pkorologos@bsfllp.com
ATTORNEY TO BE NOTICED

Daniel Valente Dantas
Defendant
Joseph D. Pizzurro
(See above for address)
LEAD ATTORNEY

Nancy Eileen Delaney
(See above for address)
LEAD ATTORNEY

Peter Emmett Fleming , Jr
(See above for address)
LEAD ATTORNEY

Eric Brenner
(See above for address)
ATTORNEY TO BE NOTICED

Howard L. Vickery , II
(See above for address)
ATTORNEY TO BE NOTICED

Philip C. Korologos
(See above for address)
ATTORNEY TO BE NOTICED

Banco Opportunity S.A.
Defendant
Marc Laurence Greenwald
Quinn Emanuel Urquhart & Sullivan LLP 51 Madison Avenue 22nd Floor New York, NY 10010 (212)-849-7000 Fax: (212)-849-7100 Email: marcgreenwald@quinnemanuel.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Emily Barrett Costello
Quinn Emanuel 51 Madison Avenue, 22nd Floor New York, NY 10010 (212)-849-7115 Fax: (212)-849-7100 Email: emilycostello@quinnemanuel.com
ATTORNEY TO BE NOTICED

Jaimie Leeser Nawaday
U.S. Attorney Office SDNY 86 Chambers Street New York, NY 10007 (212) 637-2528 Fax: (212) 637-2750 Email: Jaimie.Nawaday@usdoj.gov
ATTORNEY TO BE NOTICED

Dorio Ferman
Defendant
Marc Laurence Greenwald
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Emily Barrett Costello
(See above for address)
ATTORNEY TO BE NOTICED

Jaimie Leeser Nawaday
(See above for address)
ATTORNEY TO BE NOTICED

Arthur Joaquim De Carvalho
Defendant
Philip C. Korologos
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Eric Brenner
(See above for address)
ATTORNEY TO BE NOTICED

Opportunity Fund
Defendant
Philip C. Korologos
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Eric Brenner
(See above for address)
ATTORNEY TO BE NOTICED

Opportunity Prime Investment Services, Ltd
Defendant
Philip C. Korologos
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Eric Brenner
(See above for address)
ATTORNEY TO BE NOTICED

Citibank N.A.
Defendant
Citigroup, Inc.
Defendant
Citibank N.A.
Counter Defendant
Carmine D. Boccuzzi , Jr
(See above for address)
ATTORNEY TO BE NOTICED

Citigroup, Inc.
Counter Defendant
Carmine D. Boccuzzi , Jr
(See above for address)
ATTORNEY TO BE NOTICED

Citigroup Venture Capital International Brazil, L.P.
Counter Defendant
Luis Roberto Demarco Almeida
Intervenor
Andrea B. Bierstein
Hanly Conroy Bierstein Sheridan Fisher & Hayes, LLP 112 Madison Avenue New York, NY 10016 (212) 784-6403 Fax: (212) 784-6400 Email: abierstein@simmonsfirm.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Opportunity Equity Partners Ltd.
Counter Claimant
Philip C. Korologos
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Eric Brenner
(See above for address)
ATTORNEY TO BE NOTICED

Citigroup Venture Capital Int'l Brazil, LLC
Counter Defendant
On behalf of itself and Citigroup Venture Capital Int?l Brazil, L.P. (f.k.a CVC/Opportunity Equity Partners, L.P.).
Carmine D. Boccuzzi , Jr
(See above for address)
ATTORNEY TO BE NOTICED

International Equity Investments, Inc.
Counter Defendant
Carmine D. Boccuzzi , Jr
(See above for address)
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2005-03-10 1 0 ORDER, Complaint sealed. (Signed by Judge Miriam Goldman Cedarbaum on 3/10/05) (kre, ) Modified on 3/18/2005 (rag, ). Additional attachment(s) added on 3/22/2005 (yv, ). (Entered: 03/11/2005)
2005-03-10 6 0 NOTICE OF CASE REASSIGNMENT to Judge Lewis A. Kaplan. Judge Kimba M. Wood no longer assigned to the case. (tr, ) Modified on 3/16/2005 (lan, ). (THIS SEALED DOCUMENT PLACED IN VAULT.) (Entered: 03/16/2005)
2005-03-17 10 0 PRELIMINARY INJUNCTION...Ordered that plaintiff's motion for a preliminary injunction is granted, and defendants, and each of them, be and they hereby are enjoined and restrained, pending the hearing and final determination of this action, as indicated. ORDERED, that defendants shall register the change in general partner with the Cayman Islands Register of Exempted Limited Partnerhsips forthwith, and it is further ORDERED, that the continuation of this preliminary injunction after 4 p.m. on March 18, 2005 shall be conditioned upon plaintiff having filed, at or before that time, a bond or a cashier's or certified check payable to the Clerk of this Court in the amount of $50,000. Issued at: 4:12 p.m. (Signed by Judge Lewis A. Kaplan on 3/17/05) (rag, ) (Entered: 03/17/2005) (Entered: 03/17/2005)
2005-03-18 11 0 CERTIFICATE OF SERVICE of Richard V. Conza, dated March 11, 2005 re service of the Order to Show Cause for a Preliminary Injunction with a Temporary Restraining Order and Exhibits; a Summons in a Civil Case directed to Daneil Dantes; a Summons in a Civil Case directed to CVC/Opportunity Equity Partners, Ltd.; the Civil Cover Sheet; the Memorandum of Law in Support of Motion by Plaintiff for a Temporary Restraining Order and a Preliminary Injunction; the Order to File Under Seal; Statement of Plaintiff International Equity Investments, Inc. Pursuant to Rule 7.1; the Complaint; the 3rd Amended Instructions for Filing an Electronic Case or Appeal; the Guidelines for Electronic Case Filing; and the Procedures for Electronic Case Filing served on Joseph D. Pizzurro on March 11, 2005. Document filed by International Equity Investments, Inc.. (Boccuzzi, Carmine) (Entered: 03/18/2005)
2005-03-18 12 0 Injunction BOND # ko-6968752 in the amount of $ 50,000 posted by International Equity Investments, Inc.. (jf, ) (Entered: 03/18/2005)
2005-03-10 13 0 (DOCUMENT ORIGINALLY FILED UNDER SEAL)... RULE 7.1 DISCLOSURE STATEMENT. Document filed by International Equity Investments, Inc..(sac, ) Additional attachment(s) added on 3/22/2005 (sac, ). (Entered: 03/18/2005)
2005-03-18 14 0 TRANSCRIPT of proceedings held on 03/11/05 before Judge Lewis A. Kaplan. (es, ) (Entered: 03/18/2005)
2005-03-11 15 0 (DOCUMENT PREVIOUSLY FILED UNDER SEAL, IN ENVELOPE #2)... ORDER TO SHOW CAUSE by International Equity Investments, Inc.; for an order, pursuant to Rule 65 of the Federal Rules of Civil Procedure, for a preliminary injunction with a Temporary Restraining Order. (Signed by Judge Lewis A. Kaplan on 3/11/05). Proposed Order; Declaration(s) of Caldeira, Knoepefelmacher and Brougham in support attached.(sac, ) Additional attachment(s) added on 3/22/2005 (sac, ). (Entered: 03/18/2005)
2005-03-14 16 0 (DOCUMENT PREVIOUSLY FILED UNDER SEAL, IN ENVELOPE #4)... MEMORANDUM OF LAW in Opposition to Plaintiff's Motion for a preliminary injunction. Document filed by CVC/Opportunity Equity Partners, Ltd., Daniel Valente Dantas. (sac, ) Additional attachment(s) added on 3/22/2005 (sac, ). (Entered: 03/18/2005)
2005-03-14 17 0 (DOCUMENT PREVIOUSLY FILED UNDER SEAL, IN ENVELOPE #4)... RULE 7.1 DISCLOSURE STATEMENT. Document filed by CVC/Opportunity Equity Partners, Ltd., Daniel Valente Dantas.(sac, ) Additional attachment(s) added on 3/22/2005 (sac, ). (Entered: 03/18/2005)
2005-03-14 18 0 (DOCUMENT PREVIOUSLY FILED UNDER SEAL, IN ENVELOPE #4)... AFFIDAVIT of Joseph D. Pizzurro in Opposition. Document filed by CVC/Opportunity Equity Partners, Ltd., Daniel Valente Dantas. (sac, ) Additional attachment(s) added on 3/22/2005 (sac, ). (Entered: 03/18/2005)
2005-03-14 19 0 (DOCUMENT PREVIOUSLY FILED UNDER SEAL, IN ENVELOPE #4)... DECLARATION of James Chapman in Support re: 16 Memorandum of Law in Oppisition. Document filed by CVC/Opportunity Equity Partners, Ltd., Daniel Valente Dantas. (sac, ) Additional attachment(s) added on 3/22/2005 (sac, ). (Entered: 03/18/2005)
2005-03-15 20 0 (DOCUMENT PREVIOUSLY FILED UNDER SEAL, IN ENVELOPE #5)... ENGLISH TRANSLATION OF EXHIBIT F TO AFFIDAVIT OF JOSEPH D. PIZZURRO DATED 3/14/05. Document filed by CVC/Opportunity Equity Partners, Ltd., Daniel Valente Dantas. (sac, ) Additional attachment(s) added on 3/22/2005 (sac, ). (Entered: 03/18/2005)
2005-03-15 21 0 (DOCUMENT PREVIOUSLY FILED UNDER SEAL, IN ENVELOPE #7)... REPLY MEMORANDUM OF LAW in Support re: 15 Order to Show Cause. Document filed by International Equity Investments, Inc.. (sac, ) Additional attachment(s) added on 3/22/2005 (sac, ). (Entered: 03/18/2005)
2005-03-15 22 0 (DOCUMENT PREVIOUSLY FILED UNDER SEAL, IN ENVELOPE #7)... DECLARATION of Christopher John Brougham in Support re: 15 Order to Show Cause. Document filed by International Equity Investments, Inc.. (sac, ) Additional attachment(s) added on 3/22/2005 (sac, ). (Entered: 03/18/2005)
2005-03-17 23 0 (DOCUMENT PREVIOUSLY FILED UNDER SEAL, IN ENVELOPE #8)... MOTION for an order, granting Brasil Telecom, S.A., the right to intervene in these proceedings in order to oppose Plaintiff International Equity Investment, Inc.'s motion for preliminary injunction. Document filed by Brasil Telecom, S.A.. (sac, ) Additional attachment(s) added on 3/22/2005 (sac, ). Additional attachment(s) added on 3/24/2005 (sac, ). (Entered: 03/18/2005)
2005-03-17 24 0 (DOCUMENT PREVIOUSLY FILED UNDER SEAL, IN ENVELOPE #8)... MEMORANDUM OF LAW re: in opposition to 15 Order to Show Cause; in support of 23 MOTION to Intervene. Document filed by Brasil Telecom, S.A.. (sac, ) Additional attachment(s) added on 3/24/2005 (sac, ). (Entered: 03/18/2005)
2005-03-17 25 0 (DOCUMENT PREVIOUSLY FILED UNDER SEAL, IN ENVELOPE #9)... LETTER addressed to Judge Lewis A. Kaplan from Nancy E. Delaney dated 3/17/05 re: CVC/Opportunity Equity Partners request that the following documents listed in the document, which are relevant to the issue before the Court today, to be considered by the Court and made part of the record. Document filed by CVC/Opportunity Equity Partners, Ltd..(sac, ) Additional attachment(s) added on 3/22/2005 (sac, ). (Entered: 03/18/2005)
2005-03-18 26 0 PRELIMINARY INJUNCTION; plaintiff's motion for a preliminary injunction is granted, and defendants and each of them are here by enjoined and restrained as stated in this document. (Signed by Judge Lewis A. Kaplan on 3/17/05) (sac, ) (Entered: 03/21/2005)
2005-03-21 27 0 ORDER; The provisional findings of fact and conclusions of law made on the record on 3/18/05, as corrected and supplemented as mentioned in this order, are adopted as the Court's finding and fact and conclusions of law on plaintiff's motion. (Signed by Judge Lewis A. Kaplan on 3/21/05) (sac, ) (Entered: 03/22/2005)
2005-03-22 28 0 RULE 7.1 DISCLOSURE STATEMENT. Document filed by International Equity Investments, Inc.(yv, ) (Entered: 03/22/2005)
2005-03-22 29 0 NOTICE of Demand for Jury Trial, dated March 22, 2005. Document filed by International Equity Investments, Inc.. (Boccuzzi, Carmine) (Entered: 03/22/2005)
2005-03-18 30 0 MEMORANDUM OF LAW in Support re: 15 Order to Show Cause,. Proposed Order attached. Document filed by International Equity Investments, Inc. (Attachments: # 1)(yv, ) (Entered: 03/22/2005)
2005-03-18 31 0 AFFIDAVIT of Howard S. Zelbo in Support re: 15 Order to Show Cause,. Document filed by International Equity Investments, Inc. (yv, ) (Entered: 03/22/2005)
2005-03-18 32 0 DECLARATION of Ricardo Knoepfelmacher in Support re: 15 Order to Show Cause,. Document filed by International Equity Investments, Inc. (yv, ) (Entered: 03/22/2005)
2005-03-18 33 0 DECLARATION of Christopher John Brougham in Support re: 15 Order to Show Cause,. Document filed by International Equity Investments, Inc. (Attachments: # 1 Exhibit a)(yv, ) (Entered: 03/22/2005)
2005-03-18 34 0 DECLARATION of Paulo Caldeira in Support re: 15 Order to Show Cause,. Document filed by International Equity Investments, Inc. (Attachments: # 1 Exhibit a part1# 2 Exhibit a part2# 3 Exhibit a part3# 4 Exhibit a part4# 5 Exhibit b# 6 Exhibit c# 7 Exhibit d# 8 Exhibit e# 9 Exhibit f# 10 Exhibit g# 11 Exhibit h# 12 Exhibit i# 13 Exhibit j# 14 Exhibit k)(yv, ) Additional attachment(s) added on 4/4/2005 (kw, ). (Entered: 03/22/2005)
2005-03-23 35 0 CERTIFICATE OF SERVICE of Notice Of Demand For Jury Trial served on Curtis, Mallet-Prevost, Colt & Mosle LLP on March 22, 2005. Document filed by International Equity Investments, Inc.. (Boccuzzi, Carmine) (Entered: 03/23/2005)
2005-03-23 36 0 TRANSCRIPT of proceedings held on 03/11/05 before Judge Lewis A. Kaplan. (es, ) (Entered: 03/23/2005)
2005-03-24 37 0 ENDORSED LETTER addressed to Judge Lewis A. Kaplan from Scott M. Berman dated 3/24/05 re: Brasil Telecom, S.A. withdraws its motion to Intervene in this action as moot. (Signed by Judge Lewis A. Kaplan on 3/24/05) (pl, ) (Entered: 03/28/2005)
2005-03-28 38 0 TRANSCRIPT of proceedings held on 3/17/05 before Judge Lewis A. Kaplan. (lma, ) (Entered: 03/28/2005)
2005-04-07 39 0 STIPULATION AND CONSENT ORDER; Amended Pleadings due by 4/8/2005. Defendants CVC Opportunity Equity Partners Ltd. and Daniel Valente Dantas shall have up until and including 5/16/05 in which to file and serve an Answer or otherwise respond to the Complaint or Amended Complaint. (Signed by Judge Alvin K. Hellerstein on 4/6/05) (sac, ) (Entered: 04/08/2005)
2005-04-07 40 0 ORDER: that Philip C. Korologos and Howard L. Vickery of the law firm of Boies, Schiller & Flexner LLP are hereby allowed to enter their appearances as counsel for defendants. The law firm of Curtis, Mallet-Prevost, Colt & Mosle LLP is relieved of any further responsibility in this case. (Signed by Judge Alvin K. Hellerstein on 4/7/05) (db, ) (Entered: 04/08/2005)
2005-04-11 41 0 NOTICE of Appearance by Howard L. Vickery, II on behalf of all defendants (Vickery, Howard) (Entered: 04/11/2005)
2005-04-11 42 0 ORDER; the Court having considered the positions of the parties, the order of 3/10/05 sealing the complaint is vacated and the Clerk of the Court is directed to make that document available for public viewing. (Signed by Judge Lewis A. Kaplan on 4/11/05) (sac, ) (Entered: 04/12/2005)
2005-04-15 43 0 NOTICE of Appearance by Philip C. Korologos on behalf of all defendants (Korologos, Philip) (Entered: 04/15/2005)
2005-03-10 44 0 (DOCUMENT PREVIOUSLY FILED UNDER SEAL, IN ENVELOPE #3)... COMPLAINT against CVC/Opportunity Equity Partners, Ltd., Daniel Valente Dantas. (Filing Fee $ 250.00.)Document filed by International Equity Investments, Inc.. Document was unsealed, as of 4/19/05.(sac, ) Additional attachment(s) added on 4/20/2005 (tr, ). (Entered: 04/19/2005)
2005-04-13 45 0 AMENDED COMPLAINT amending 44 Complaint, against CVC/Opportunity Equity Partners, Ltd., Daniel Valente Dantas.Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. Related document: 44 Complaint, filed by International Equity Investments, Inc.,. (Attachments: # 1)(pl, ) (Entered: 04/21/2005)
2005-04-28 46 0 ENDORSED LETTER addressed to Judge Kaplan from Carmine Boccuzzi dated 4/26/05: granting plntf's request for expedited discovery with regard to defts' creation of alleged agrements. (Signed by Judge Lewis A. Kaplan on 4/28/05) (cd, ) (Entered: 05/02/2005)
2005-05-02 47 0 TRANSCRIPT of proceedings held on 04/28/05 before Judge Lewis A. Kaplan. (es, ) (Entered: 05/02/2005)
2005-05-04 48 0 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - EX PARTE MOTION for Preliminary Injunction (Order To Show Cause For Contempt, Expedited Discovery And A Preliminary Injunction With A Temporary Restraining Order). Document filed by International Equity Investments, Inc. (Attachments: # 1 Proposed Order# 2 BOCCUZZI AFFIDAVIT# 3 Exhibit A# 4 Exhibit B# 5 Exhibit C# 6 Exhibit D# 7 Exhibit E# 8 Exhibit F# 9 Exhibit G# 10 Exhibit H# 11 Exhibit I# 12 Exhibit J# 13 Exhibit K# 14 Exhibit L# 15 Exhibit M# 16 Exhibit N# 17 Exhibit O# 18 Exhibit P# 19 Exhibit Q# 20 Exhibit R# 21 Exhibit S# 22 Exhibit T# 23 Brougham Declaration)(Zelbo, Howard) Modified on 5/11/2005 (kg, ). (Entered: 05/04/2005)
2005-05-04 49 0 FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - MEMORANDUM OF LAW in Support re: 48 EX PARTE MOTION for Preliminary Injunction (/ Order To Show Cause For Contempt, Expedited Discovery And A Preliminary Injunction With A Temporary Restraining Order). (Memorandum Of Law In Support Of Plaintiffs' Motion For Contempt, Expedited Discovery And A Preliminary Injunction With A Temporary Restraining Order, Dated May 4, 2005). Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Attachments: # 1 Appendix)(Zelbo, Howard) Modified on 5/11/2005 (kg). (Entered: 05/04/2005)
2005-05-04 50 0 CERTIFICATE OF SERVICE of Memorandum Of Law In Support Of Plaintiffs' Motion For Contempt, Exedited Discovery And A Preliminary Injunction With A Temporary Restraining Order; Order To Show Cause For Contempt, Expedited Discovery And A Preliminary Injunction With A Temporary Restraining Order; Proposed Order; Affidavit Of Carmine Boccuzzi In Support Of Plaintiffs' Motion For Contempt, Expedited Discovery And Injunctive Relief Sworn To May 3, 2005 With Exhibits A Through T; Declaration Of Christopher John Brougham, QC Dated May 3, 2005; Declaration Of Paulo Caldeira In Support Of Plaintiffs' Application For A Temporary Restraining Order And Preliminary Injunction Dated March 10, 2005 With Exhibits A Through K; Amended Complaint served on Howard L. Vickery on May 4, 2005. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Zelbo, Howard) (Entered: 05/04/2005)
2005-05-05 51 0 ORDER TO SHOW CAUSE by International Equity Investments, Inc. Show Cause Hearing set for 5/9/2005 02:30 PM before Judge Thomas P. Griesa. for Contempted, Expedited Discovery and a Preliminary Injunction with a TRO; (Signed by Judge Thomas P. Griesa on 5/4/05); attached are is affidavit of Boccuzzi and Declarationof Brougham. (djc, ) (Entered: 05/05/2005)
2005-05-06 52 0 MEMORANDUM OF LAW in Opposition re: 48 EX PARTE MOTION for Preliminary Injunction / Order To Show Cause For Contempt, Expedited Discovery And A Preliminary Injunction With A Temporary Restraining Order.. Document filed by CVC/Opportunity Equity Partners, Ltd.. (Korologos, Philip) (Entered: 05/06/2005)
2005-05-06 53 0 DECLARATION of Arthur Joaquim De Carvalho in Opposition re: 48 EX PARTE MOTION for Preliminary Injunction / Order To Show Cause For Contempt, Expedited Discovery And A Preliminary Injunction With A Temporary Restraining Order.. Document filed by CVC/Opportunity Equity Partners, Ltd.. (Korologos, Philip) (Entered: 05/06/2005)
2005-05-06 54 0 DECLARATION of Robert Wilson in Opposition re: 48 EX PARTE MOTION for Preliminary Injunction / Order To Show Cause For Contempt, Expedited Discovery And A Preliminary Injunction With A Temporary Restraining Order.. Document filed by CVC/Opportunity Equity Partners, Ltd.. (Korologos, Philip) (Entered: 05/07/2005)
2005-05-07 55 0 DECLARATION of David Keightley Rideal Oliver, QC in Opposition re: 48 EX PARTE MOTION for Preliminary Injunction / Order To Show Cause For Contempt, Expedited Discovery And A Preliminary Injunction With A Temporary Restraining Order.. Document filed by CVC/Opportunity Equity Partners, Ltd.. (Attachments: # 1 Appendix Cases# 2 Appendix Cases)(Korologos, Philip) (Entered: 05/07/2005)
2005-05-07 56 0 DECLARATION of Arthur Leslie Marriot, QC in Opposition re: 48 EX PARTE MOTION for Preliminary Injunction / Order To Show Cause For Contempt, Expedited Discovery And A Preliminary Injunction With A Temporary Restraining Order.. Document filed by CVC/Opportunity Equity Partners, Ltd.. (Korologos, Philip) (Entered: 05/07/2005)
2005-05-07 57 0 DECLARATION of Nelson Eizirik Legal Opinion on Brazilian Law in Opposition re: 48 EX PARTE MOTION for Preliminary Injunction / Order To Show Cause For Contempt, Expedited Discovery And A Preliminary Injunction With A Temporary Restraining Order.. Document filed by CVC/Opportunity Equity Partners, Ltd.. (Korologos, Philip) (Entered: 05/07/2005)
2005-05-07 58 0 DECLARATION of Donaldo Aremelin Legal Opinion in Opposition re: 48 EX PARTE MOTION for Preliminary Injunction / Order To Show Cause For Contempt, Expedited Discovery And A Preliminary Injunction With A Temporary Restraining Order.. Document filed by CVC/Opportunity Equity Partners, Ltd.. (Korologos, Philip) (Entered: 05/07/2005)
2005-05-09 59 0 CERTIFICATE OF SERVICE. Document filed by CVC/Opportunity Equity Partners, Ltd.. (Korologos, Philip) (Entered: 05/09/2005)
2005-05-10 60 0 ORDER: the temporary restraining order signed by the Honorable Thomas P. Griesa on 5/4/05 and extended in open court by the undersigned on 5/9/05, is hereby modified so that the second decretal paragraph, which appears on page 3 of the order, reads as set forth in this document. The aforesaid temporary restraining order, as extended and modified, hereby is further extended until the earlier of (a) the entry of an order by this Court deciding so much of plaintiffs' motion for contempt, expedited discovery and a preliminary injunction as seeks a preliminary injunction, and (b) 5:45 p.m., Eastern Daylight Time, on 6/2/05. (Signed by Judge Lewis A. Kaplan on 5/10/05) (kw, ) (Entered: 05/10/2005)
2005-05-10 61 0 TRANSCRIPT of proceedings held on 05/09/05 before Judge Lewis A. Kaplan. (es, ) (Entered: 05/10/2005)
2005-05-10 62 0 TRANSCRIPT of proceedings held on 5/4/05 before Judge Thomas P. Griesa. (lma, ) (Entered: 05/10/2005)
2005-05-10 63 0 TRANSCRIPT of proceedings held on 5/4/05 before Judge Thomas P. Griesa. (lma, ) (Entered: 05/10/2005)
2005-05-10 64 0 TRANSCRIPT of proceedings held on 5/6/05 before Judge Lewis A. Kaplan. (lma, ) (Entered: 05/10/2005)
2005-05-09 65 0 CONFIDENTIALITY STIPULATION regarding procedures that will govern the handling of confidential discovery information. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc., CVC/Opportunity Equity Partners, Ltd., Daniel Valente Dantas. (UNSIGNED)(cd, ) (Entered: 05/11/2005)
2005-05-02 66 0 LETTER addressed to Judge Lewis A. Kaplan from Philop C. Korologos dated 5/6/05 re: Response to plaintiff?s letter of earlier today requesting copies of the agreements announced 4/28/05 with Telecom Italia. Document filed by CVC/Opportunity Equity Partners, Ltd., Daniel Valente Dantas.(pl, ) (Entered: 05/11/2005)
2005-05-09 67 0 LETTER addressed to Judge Lewis A. Kaplan from Howard S. Zelbo dated 5/6/05 re: that the court deny dfts rquests that the Court reconsider its prior ruling denying dft's requests for production and order dfts to produce forthwith all agreements relating to the transactons announced on 4/28. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc..(pl, ) (Entered: 05/11/2005)
2005-05-11 68 0 REPLY to Response to Motion re: 48 EX PARTE MOTION for Preliminary Injunction / Order To Show Cause For Contempt, Expedited Discovery And A Preliminary Injunction With A Temporary Restraining Order. Carvalho Declaration. Document filed by CVC/Opportunity Equity Partners, Ltd.. (Attachments: # 1 Exhibit Exhibit A-C# 2 Exhibit Exhibits D-F)(Korologos, Philip) (Entered: 05/11/2005)
2005-05-11 69 0 RESPONSE to Motion re: 48 EX PARTE MOTION for Preliminary Injunction / Order To Show Cause For Contempt, Expedited Discovery And A Preliminary Injunction With A Temporary Restraining Order. Legal Opinion of Nelson Eizirik. Document filed by CVC/Opportunity Equity Partners, Ltd.. (Korologos, Philip) (Entered: 05/11/2005)
2005-05-11 70 0 LETTER addressed to Lewis A. Kaplan from George F. Carpinello dated 5/6/05 re: request an immediate telephone conference with the Court to consider this request. Document filed by CVC/Opportunity Equity Partners, Ltd., Daniel Valente Dantas.(pl, ) (Entered: 05/11/2005)
2005-05-11 71 0 RESPONSE to Motion re: 48 EX PARTE MOTION for Preliminary Injunction / Order To Show Cause For Contempt, Expedited Discovery And A Preliminary Injunction With A Temporary Restraining Order. Santelli Declaration. Document filed by CVC/Opportunity Equity Partners, Ltd.. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B- Part I# 3 Exhibit Exhibit B-Part II)(Korologos, Philip) (Entered: 05/11/2005)
2005-05-11 72 0 RESPONSE to Motion re: 48 EX PARTE MOTION for Preliminary Injunction / Order To Show Cause For Contempt, Expedited Discovery And A Preliminary Injunction With A Temporary Restraining Order. Legal Opinion. Document filed by CVC/Opportunity Equity Partners, Ltd.. (Attachments: # 1 Exhibit Exhibit 1-Part I# 2 Exhibit Exhibits 1- Part II# 3 Exhibit Exhibit 2# 4 Exhibit Exhibit 3-Part I# 5 Exhibit Exhibit 3-Part II)(Korologos, Philip) (Entered: 05/11/2005)
2005-05-11 73 0 REPLY MEMORANDUM OF LAW in Support re: 48 EX PARTE MOTION for Preliminary Injunction / Order To Show Cause For Contempt, Expedited Discovery And A Preliminary Injunction With A Temporary Restraining Order. Dated May 9, 2005. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Boccuzzi, Carmine) (Entered: 05/11/2005)
2005-05-11 74 0 DECLARATION of Alberto Ribeiro Guth in Support re: 48 EX PARTE MOTION for Preliminary Injunction / Order To Show Cause For Contempt, Expedited Discovery And A Preliminary Injunction With A Temporary Restraining Order.. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit Opice Opinion# 3 Exhibit Opice A# 4 Exhibit Opice B# 5 Exhibit Opice C# 6 Exhibit Spinelli Declaration# 7 Exhibit Spinelli A# 8 Exhibit Camargo Declaration# 9 Exhibit Camargo A)(Boccuzzi, Carmine) (Entered: 05/11/2005)
2005-05-13 75 0 DECLARATION of Jose Roberto Opice in Support re: 48 EX PARTE MOTION for Preliminary Injunction / Order To Show Cause For Contempt, Expedited Discovery And A Preliminary Injunction With A Temporary Restraining Order.. Document filed by International Equity Investments, Inc.. (Attachments: # 1 Exhibit Sundfeld Declaration# 2 Exhibit Sundfeld A# 3 Exhibit Sundfeld B# 4 Exhibit Sundfeld C# 5 Exhibit Sundfeld D# 6 Exhibit Sundfeld E# 7 Exhibit Sundfeld F# 8 Exhibit Spinelli Declaration# 9 Exhibit Spinelli A 1# 10 Exhibit Spinelli A 2# 11 Exhibit Spinelli A 3# 12 Exhibit Spinelli B# 13 Exhibit Spinelli C# 14 Exhibit Spinelli D)(Zelbo, Howard) (Entered: 05/13/2005)
2005-05-17 76 0 NOTICE of Pursuant To Rule 44.1. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Zelbo, Howard) (Entered: 05/17/2005)
2005-05-19 77 0 DECLARATION of / Second Supplemental Opinion of Jose Roberto Opice in Support re: 48 EX PARTE MOTION for Preliminary Injunction / Order To Show Cause For Contempt, Expedited Discovery And A Preliminary Injunction With A Temporary Restraining Order.. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Attachments: # 1 Opice Exhibit A# 2 Spinelli Declaration# 3 Spinelli Exhibit A# 4 Pagano Declaration# 5 Rosa Declaration)(Zelbo, Howard) (Entered: 05/19/2005)
2005-05-19 78 0 LETTER addressed to Judge Lewis A. Kaplan from Howard Zelbo dated 5/18/05 re: plaintiff request that the Court hear oral arguments, including status report. Document filed by International Equity Investments, Inc..(sac, ) (Entered: 05/19/2005)
2005-05-19 79 0 LETTER addressed to Judge Lewis A. Kaplan from George F. Carpinello dated 5/18/05 re: Defendants request that the hearing be limited to oral arguments only and that the argument commence at 10:00 a.m.. Document filed by CVC/Opportunity Equity Partners, Ltd., Daniel Valente Dantas.(sac, ) (Entered: 05/19/2005)
2005-05-23 80 0 TRANSCRIPT of proceedings held on 04/05/05 before Judge Thomas P. Griesa. (es, ) (Entered: 05/23/2005)
2005-05-23 81 0 RESPONSE to Motion re: 48 EX PARTE MOTION for Preliminary Injunction / Order To Show Cause For Contempt, Expedited Discovery And A Preliminary Injunction With A Temporary Restraining Order. Delcaration of Francisco Antunes Maciel Mussnich. Document filed by CVC/Opportunity Equity Partners, Ltd.. (Attachments: # 1 Appendix Declaration of Amir Achar Bocyuva Cunha# 2 Appendix Declaration of Luis Sergio Soares Mamere Filho# 3 Appendix Declaration of Maria Amalia Coutrim# 4 Appendix Declaration of Sami Arap Sobrinho# 5 Appendix Declaration of Bruno Camera Soter# 6 Appendix Second Supplemental Legal Opinon of Nelson Eizirik# 7 Appendix Declaration of Carmen Tiburcio# 8 Appendix Letter to Judge Kaplan)(Korologos, Philip) (Entered: 05/23/2005)
2005-05-23 82 0 CERTIFICATE OF SERVICE of Declarations served on Howard Zelbo and Carmine D. Boccuzzi on 5/23/05. Service was made by E-mail. Document filed by CVC/Opportunity Equity Partners, Ltd.. (Korologos, Philip) (Entered: 05/23/2005)
2005-05-20 83 0 LETTER addressed to Judge Lewis A. Kaplan from Carmine D. Boccuzzi dated 5/18/05 re: plaintiffs seek an Order from this Court requiring defendants immediately to produce in New York documents responsive to plaintiffs' requests. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc..(sac, ) (Entered: 05/23/2005)
2005-05-20 84 0 LETTER addressed to Judge Lewis A. Kaplan from Howard L. Vickery dated 5/19/05 re: defendants respectfully ask the Court deny plaintiffs' application for an unnecessary order to compel production of documents and, in addition, admonish plaintiffs' counsel to refrain from their practice of serving motions on opposing counsel the night before a hearing. Document filed by CVC/Opportunity Equity Partners, Ltd., Daniel Valente Dantas.(sac, ) (Entered: 05/23/2005)
2005-05-20 85 0 ENDORSED LETTER addressed to Judge Lewis A. Kaplan from Carmine D. Boccuzzi dated 4/26/05 re: plaintiffs seek expedited discovery with regard to defendants' creation of these alleged agreements. Plaintiffs also seek an Order from this Court requiring defendants to provide one month's notice to plaintiffs before trying in any way to enforce these bogus agreements. Application granted. (Signed by Judge Lewis A. Kaplan on 4/27/05) (sac, ) (Entered: 05/23/2005)
2005-05-19 86 0 LETTER addressed to Judge Kaplan from Howard Zelbo dated 5/18/05: plntf do not believe an evidentiary hearing is necesary.....unsigned. (cd, ) (Entered: 05/24/2005)
2005-05-20 87 0 LETTER addressed to Judge Kaplan from Howard Vickery dated 5/19/05: re plntf's allegation that defts have not produced documents and that the court deny pnltfs' appliation for an unnecessary order to compel production of documents. Document filed by CVC/Opportunity Equity Partners, Ltd., Daniel Valente Dantas.(cd, ) (Entered: 05/24/2005)
2005-05-25 88 0 TRANSCRIPT of proceedings held on 05/06/05 before Judge Lewis A. Kaplan. (es, ) (Entered: 05/25/2005)
2005-05-31 89 0 DECLARATION of Luis Sergio Soares Mamari Filho in Opposition re: 48 EX PARTE MOTION for Preliminary Injunction / Order To Show Cause For Contempt, Expedited Discovery And A Preliminary Injunction With A Temporary Restraining Order.. Document filed by CVC/Opportunity Equity Partners, Ltd.. (Korologos, Philip) (Entered: 05/31/2005)
2005-06-01 90 0 DECLARATION of George F. Carpinello in Opposition re: 48 EX PARTE MOTION for Preliminary Injunction / Order To Show Cause For Contempt, Expedited Discovery And A Preliminary Injunction With A Temporary Restraining Order.. Document filed by CVC/Opportunity Equity Partners, Ltd.. (Attachments: # 1 Exhibit A-Part I# 2 Exhibit A-PART II# 3 Exhibit B-D# 4 Exhibit 6/1/05 Letter to Judge Kaplan)(Korologos, Philip) (Entered: 06/01/2005)
2005-06-02 91 0 ORDER...Plaintiff's shall advise the Court forthwith by fax (with a copy to opposing counsel) of the identities and citizenship of each of the members of plaintiff Citigroup Venture Capital International Brazil LLC. (Signed by Judge Lewis A. Kaplan on 6/2/05) "Copies faxed by Chambers of Judge Kaplan on 6/2/05".(rag, ) (Entered: 06/02/2005)
2005-06-02 92 0 MEMORANDUM AND OPINION # 91702...On the present record the Court finds that the plaintiffs have made the necessary showing of threatened irreparable harm and likelihood of success on the merits. Plaintiffs' motion for a preliminary injunction is granted. Defendants Daniel Valente Dantas and Opportunity Equity Partners, Ltd.,etc. are hereby enjoined and restainted as indicated...The foregoing shall constitute the Court's findings of fact and conclusions of law.. (Signed by Judge Lewis A. Kaplan on 6/2/2005) 6/3/2005 (rag). (Entered: 06/02/2005)
2005-06-03 93 0 TRANSCRIPT of proceedings held on 05/09/05 before Judge Lewis A. Kaplan. (es, ) (Entered: 06/03/2005)
2005-06-03 94 0 TRANSCRIPT of proceedings held on 05/19/05 before Judge Thomas P. Griesa. (es, ) (Entered: 06/03/2005)
2005-06-01 95 0 ORDER; the parties are directed to supplement the record by Wednesday, 6/1 at 4 p.m.. (Signed by Judge Lewis A. Kaplan on 5/31/05) (sac, ) (Entered: 06/03/2005)
2005-06-02 96 0 LETTER addressed to Judge Lewis A. Kaplan from Carmine D. Boccuzzi dated 6/2/05 re: plaintiffs advised the Court that the sole member of Citigroup Venture Capital International Brazil LLC is International Equity Investments, Inc.. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc..(sac, ) (Entered: 06/03/2005)
2005-06-02 97 0 LETTER addressed to Judge Lewis A. Kaplna from Howard S. Zelbo dated 6/2/05 re: responding to defendants' letter. (sac, ) (Entered: 06/03/2005)
2005-06-03 98 0 MOTION to Correct Judgment. Document filed by CVC/Opportunity Equity Partners, Ltd.. (Attachments: # 1 Supplement Motion for Clarification or, in the Alternative, Modification of the June 2, 2005 Preliminary Injunction)(Korologos, Philip) (Entered: 06/03/2005)
2005-06-03 99 0 CERTIFICATE OF SERVICE. Document filed by CVC/Opportunity Equity Partners, Ltd.. (Korologos, Philip) (Entered: 06/03/2005)
2005-06-07 104 0 PRELIMINARY INJUNCTION: defendants Daniel Valente Dantas and Opportunity Equity Partners, Ltd. are enjoined and restrained from executing, enforcing, consummating, performing any obligation, or otherwise giving effect to the Cellular Acquisition Agreement as further set forth in said Order. Insofar as the the foregoing modifies the 6/2/05 preliminary injunction, ythis is without prejudice to defendants' motion to clarify that injunction, which the Court will rule upon after briefing is complete. (Signed by Judge Lewis A. Kaplan on 6/7/05) (db, ) (Entered: 06/09/2005)
2005-06-09 105 0 ORDER; In briefing the pending motion to hold defendants in civil contempt, plaintiffs shall indicate precisely what relief they seek given that they offered no proof of damages. All parties are invited to address the question whether a contempt adjudication would be appropriate if plaintiffs have adduced no evidence of damages and seek no coercive relief to induce compliance with the order allegedly violated. (Signed by Judge Lewis A. Kaplan on 6/8/05) (sac, ) (Entered: 06/10/2005)
2005-06-06 106 0 LETTER addressed to Dear Judge Kaplan from Philip C. Korologos dated 5/25/2005 re: request an evidentiary hearing on plaintiff's motion to hold deft's. in contempt........ Document filed by CVC/Opportunity Equity Partners, Ltd., Daniel Valente Dantas.(jma, ) (Entered: 06/13/2005)
2005-06-06 107 0 LETTER addressed to Dear Judge Kaplan from George F. Carpinello dated 5/27/2005 re: request this opportunity to respond to Mr. Zelbo's letter to the Court of May 25, 2005............. Document filed by CVC/Opportunity Equity Partners, Ltd., Daniel Valente Dantas.(jma, ) (Entered: 06/13/2005)
2005-06-06 108 0 LETTER addressed to Dear Judge Kaplan from Howard Zelbo dated 5/25/2005 re: I write in response to deft'.s May 23, 2005 submissions to the Court....... Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc..(jma, ) (Entered: 06/13/2005)
2005-06-06 109 0 LETTER addressed to Dear Judge Kaplan from Howard S. Zelbo dated 5/27/2005 re: I write in response to deft's. May 24, 2005 letter to the Court in which they conditionally request an evidentiary hearing in connection.......... Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc..(jma, ) (Entered: 06/13/2005)
2005-06-06 110 0 LETTER addressed to Dear Judge Kaplan from Howard S. Zelbo dated 5/31/2005 re: I write to update the Court on recent developments in the captioned matter........ Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc..(jma, ) (Entered: 06/13/2005)
2005-06-07 111 0 LETTER addressed to Judge Kaplan from Philip C. Korologos dated 5/6/05 re: response to plaintiffs' letter concerning request to receive copies of the agreements announced 4/28/05 with Telecom Italia. Document filed by CVC/Opportunity Equity Partners, Ltd., Daniel Valente Dantas.(yv, ) Additional attachment(s) added on 6/13/2005 (yv, ). (Entered: 06/13/2005)
2005-06-10 112 0 NOTICE OF INTERLOCUTORY APPEAL from 92 Memorandum & Opinion,,, 104 Preliminary Injunction,,. Document filed by CVC/Opportunity Equity Partners, Ltd., Daniel Valente Dantas. Filing fee $ 255.00, receipt number E 5456320. (pr, ) (Entered: 06/13/2005)
2005-06-13 113 0 TRANSCRIPT of proceedings held on 6/7/05 before Judge Lewis A. Kaplan. (mo, ) (Entered: 06/13/2005)
2005-06-08 114 0 LETTER addressed to Judge Kaplan from Howard Zelbo dated 6/6/05 re: opposition to defendants' motion for clarification or, in the alternative, modification of the 6/2/05 preliminary injunction. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.(yv, ) (Entered: 06/14/2005)
2005-06-14 115 0 ENDORSED LETTER addressed to Judge Lewis A. Kaplan from Howard Zelbo dated 6/10/05 re: Plaintiffs are free to file the agreements and materials relating thereto under seal. The Mergers Agreement and Second Amendment to the Sol part Shareholders to confidential treatment. If plaintiffs specify the other agreements at issues the Court will act on the request. (Signed by Judge Lewis A. Kaplan on 6/14/05) (sac, ) (Entered: 06/15/2005)
2005-06-02 116 0 LETTER addressed to Judge Kaplan from Howard Zelbo dated 6/2/05 re deffts' letter recvd at 5:00 yesterday re plntfs' motion for injunctive relief. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc..(cd, ) (Entered: 06/15/2005)
2005-06-17 117 0 RESPONSE to Motion re: 48 EX PARTE MOTION for Preliminary Injunction / Order To Show Cause For Contempt, Expedited Discovery And A Preliminary Injunction With A Temporary Restraining Order. Defendants' Post-Hearing Memorandum of Law in Opposition to Plaintiffs' Motion for Contempt. Document filed by CVC/Opportunity Equity Partners, Ltd.. (Korologos, Philip) (Entered: 06/17/2005)
2005-06-17 118 0 BRIEF re: 48 EX PARTE MOTION for Preliminary Injunction / Order To Show Cause For Contempt, Expedited Discovery And A Preliminary Injunction With A Temporary Restraining Order. Post-Hearing Brief In Support Of Plaintiffs' Motion For Contempt Dated June 17, 2005. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Attachments: # 1 Addendum)(Zelbo, Howard) (Entered: 06/17/2005)
2005-06-20 119 0 TRANSCRIPT of proceedings held on 6/15/2005 @10.15am before Judge Lewis A. Kaplan. (lb, ) (Entered: 06/20/2005)
2005-06-20 120 0 TRANSCRIPT of proceedings held on 5/4/2005 @5:10pm before Judge Thomas P. Griesa. (lb, ) (Entered: 06/20/2005)
2005-06-20 121 0 STIPULATION AND CONSENT ORDER; Dfts shall file and serve an answer or otherwise respond to the Amended Complaint until 6/30/05. (Signed by Judge Lewis A. Kaplan on 6/20/05) (pl, ) (Entered: 06/21/2005)
2005-06-14 122 0 LETTER addressed to Dear Judge Kaplan from George F. Carpinello dated 6/13/2005 re: This letter is in response to Mr. Zelbo's letter of June 10, 2005 concerning the confidentiality of the agreements that are the subject matter of this proceeding......... Document filed by CVC/Opportunity Equity Partners, Ltd..(jma, ) (Entered: 06/21/2005)
2005-06-21 123 0 CERTIFICATE OF SERVICE of Post-Hearing Brief In Support of Plaintiffs' Motion for Contempt served on Boies, Schiller & Flexner LLP on June 17, 2005. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Zelbo, Howard) (Entered: 06/21/2005)
2005-06-22 124 0 ORDER that the plaintiffs' motion to hold dfts in civil contempt is denied. Dfts however should bear in mind that any violations of the orders of this court could result in new civil contempt proceedings or in appropriate crcumstances, even criminal sanctions; the court is troubled bythe possibility that erroneous statements in dfts' memorandum in opposition to the contempt motion mmay be repeated to the Court of Appeals; it is therefore appropriate to address them as further set forth in this order. (Signed by Judge Lewis A. Kaplan on 6/22/05) (dle, ) (Entered: 06/22/2005)
2005-06-27 126 0 DECLARATION of David Sosa Dated May 13, 2005. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Attachments: # 1 Exhibit A)(Zelbo, Howard) (Entered: 06/27/2005)
2005-06-30 127 0 ANSWER to Amended Complaint with JURY DEMAND., COUNTERCLAIM against all plaintiffs. Document filed by CVC/Opportunity Equity Partners, Ltd.. Related document: 45 Amended Complaint, filed by International Equity Investments, Inc.,, Citigroup Venture Capital Int'l Brazil, LLC,. (Attachments: # 1 Answer Part II# 2 Exhibit A-B# 3 Certificate of Service)(Korologos, Philip) (Entered: 07/01/2005)
2005-06-29 128 0 LETTER addressed to Dear Judge Kaplan from Philip C. Korologos dated 6/8/05 re: deft's. objections to certain evidence submitted by plaintiff's in connection with yesterday's evidentiary hearing on plaintiff's motion for contempt.......... Document filed by CVC/Opportunity Equity Partners, Ltd., Daniel Valente Dantas, CVC/Opportunity Equity Partners, Ltd..(jma, ) (Entered: 07/07/2005)
2005-07-12 129 0 ORDER: for reasons further set forth in said order, the Solpart Master Agreement, the Techold Settlement Agreement, and the Zain Stock Purchase Agreement and related agreements no longer are entitled to confidential treatment. Dantas and Opportunity are subject to the personal jurisdiction of this Court. They shall produce forthwith copies of all documents concerning the arbitration including but not limited to transcripts, witness statements, memorials and exhibits. Finally, the parties are directed to meet and attempt resolve the confidentiality of the Dantas deposition transcript. Failing agreement, plaintiffs may reapply to the Court for relief. (Signed by Judge Lewis A. Kaplan on 7/12/05) (db, ) (Entered: 07/13/2005)
2005-07-12 130 0 STIPULATION AND CONSENT ORDER: plaintiffs opposition to defendants Motion for Clarification, or in the alternative, Modification of the 6/2/05 Preliminary Injunction is due 7/22/05; defendants reply is due 8/9/05. (Signed by Judge Lewis A. Kaplan on 7/12/05) (db, ) (Entered: 07/13/2005)
2005-07-11 131 0 LETTER addressed to Judge Kaplan from Philip C. Koroglogos dated 7/11/05 re: response to Plaintiffs' letter of July 7, 2005; Confidentiality of the Daniel Dantas Deposition.. (djc, ) (Entered: 07/14/2005)
2005-07-14 132 0 LETTER addressed to Judge Kaplan from Howard S. Zelbo dated 07/13/05 re: response to certain points in Mr. Korologos's letter of Monday, July 11. (djc, ) (Entered: 07/19/2005)
2005-07-12 133 0 LETTER addressed to Dear Judge Kaplan from Howard S. Zelbo dated 7/7/05 re: we respecfully request that the Court order deft's. to produce forthwith copies of all files concerning the London Arbitration, including transcripts,......... Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc..(jma, ) (Entered: 07/20/2005)
2005-07-21 134 0 USCA SCHEDULING ORDER as to 112 Notice of Interlocutory Appeal filed by CVC/Opportunity Equity Partners, Ltd.,, Daniel Valente Dantas, USCA Case Number 05-2862-cv. Roseann B. MacKechnie, Clerk USCA. Appeal Record due by 8/10/2005. Appellant Brief due by 8/17/2005. Appellee Brief due by 9/16/2005. (nd, ) (Entered: 07/22/2005)
2005-07-22 135 0 MEMORANDUM OF LAW in Opposition re: 98 MOTION to Correct Judgment. Dated July 22, 2005. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Boccuzzi, Carmine) (Entered: 07/22/2005)
2005-07-22 136 0 DECLARATION of Daniel M. Hibshoosh in Opposition re: 98 MOTION to Correct Judgment.. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L# 13 Exhibit M)(Boccuzzi, Carmine) (Entered: 07/22/2005)
2005-07-28 137 0 CERTIFICATE OF SERVICE of Memorandum of Law in Opposition to Defendants' Motion for Clarification or, in the Alternative, Moditification of the June 2, 2005 Preliminary Injunction, dated July 22, 2005 & the Declaration of Daniel M. Hibshoosh, dated July 22, 2005 served on Howard Vickery Esq., George F. Carpinello Esq., Philip Korologos Esq., Boies, Schiller & Flexner LLP, 570 Lexington Avenue, 16th Floor, New York, NY 10022 on July 22, 2005. Service was accepted by Howard Vickery, George F. Carpinello, Philip Korologos. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Boccuzzi, Carmine) (Entered: 07/28/2005)
2005-08-03 138 0 ORDER, International Equity Investments, Inc. answer due 8/31/2005. (Signed by Judge Lewis A. Kaplan on 8/3/05) (sac, ) (Entered: 08/04/2005)
2005-08-09 139 0 REPLY to Response to Motion re: 98 MOTION to Correct Judgment.. Document filed by CVC/Opportunity Equity Partners, Ltd.. (Attachments: # 1 Declaration of George F. Carpinello# 2 Exhibit A-B to Carpinello Dec# 3 Exhibit C Part 1 to Carpinello Dec# 4 Exhibit C Part 2 to Carpinello Dec# 5 Exhibit D-F to Carpinello Dec# 6 Exhibit G-K of Carpinello Dec# 7 Exhibit L-N of Carpinello Dec# 8 Exhibit O to Carpinello Dec# 9 Exhibit P-S of Carpinello Dec# 10 Certificate of Service# 11 Letter to Judge Kaplan)(Korologos, Philip) (Entered: 08/09/2005)
2005-08-12 140 0 ORDER denying 98 Motion to Correct Judgment . (Signed by Judge Lewis A. Kaplan on 8/10/05) (cd, ) (Entered: 08/15/2005)
2005-08-15 141 0 ENDORSED LETTER addressed to Judge Lewis A. Kaplan from Scott M. Berman dated 8/5/05 re: Mr. Berman request that Your Honor direct the clerk to remove my name and email address from the automatic notification list for this action. Granted. This does not constitute a ruling as to whether Mr. Berman's client nevertheless remains subject to the Court's jurisdiction. (Signed by Judge Lewis A. Kaplan on 8/11/05) (sac, ) (Entered: 08/16/2005)
2005-08-23 142 0 MANDATE of USCA WITHDRAWING APPEAL (Certified Copy) as to 112 Notice of Interlocutory Appeal filed by CVC/Opportunity Equity Partners, Ltd.,, Daniel Valente Dantas, USCA Case Number 05-2862-cv....that the appeal is hereby WITHDRAWN pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure. Roseann B. MacKechnie, Clerk USCA. Certified: 8/19/2005. (nd, ) (Entered: 08/25/2005)
2005-09-01 143 0 AMENDED COUNTERCLAIM amending 127 Answer to Amended Complaint,, Counterclaim, against all plaintiffs.Document filed by CVC/Opportunity Equity Partners, Ltd.. Related document: 127 Answer to Amended Complaint,, Counterclaim, filed by CVC/Opportunity Equity Partners, Ltd.,. (Attachments: # 1 Amended Counterclaims-Part 2# 2 Amended Counterclaims-Part 3# 3 Exhibit A-E# 4 Certificate of Service)(Korologos, Philip) (Entered: 09/01/2005)
2005-09-06 144 0 CONFIDENTIALITY STIPULATION AND ORDER regarding procedures that shall govern then handling of confidential materials during the course of these proceedidngs. (Signed by Judge Lewis A. Kaplan on 9/6/05) (djc, ) (Entered: 09/07/2005)
2005-09-06 145 0 STIPULATION AND CONSENT ORDER; plaintiffs shall have up until and including September 2, 2005 to move, reply or otherwise respond to the counterclaims. (Signed by Judge Lewis A. Kaplan on 9/6/05) (djc, ) (Entered: 09/07/2005)
2005-09-07 146 0 ENDORSED LETTER addressed to Judge Lewis A. Kaplan from George F. Carpinello dated 9/2/05 re: Defendants submission shall be filed on or before 9/15/05. Plaintiffs' response shall be filed on or before 9/23/05. (Signed by Judge Lewis A. Kaplan on 9/6/05) (sac, ) (Entered: 09/08/2005)
2005-09-12 147 0 NOTICE OF INTERLOCUTORY APPEAL from 140 Order on Motion to Correct Judgment. Document filed by CVC/Opportunity Equity Partners, Ltd., Daniel Valente Dantas. Filing fee $ 255.00, receipt number E 554519. (nd, ) (Entered: 09/12/2005)
2005-09-15 148 0 MEMORANDUM OF LAW in Opposition to Plaintiffs' Motion to Compel Production of Privileged Arbitration-Related Documents. Document filed by Opportunity Equity Partners, Ltd. and Daniel Valente Dantas (Vickery, Howard) Modified on 9/19/2005 (kg). (Entered: 09/15/2005)
2005-09-15 149 0 FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - MOTION for Discovery (Declaration of Arthur Marriott, Q.C. in opposition) Document filed by CVC/Opportunity Equity Partners, Ltd.. (Vickery, Howard) Modified on 9/19/2005 (kg). (Entered: 09/15/2005)
2005-09-15 150 0 FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - MOTION for Discovery (Declaration of Francis Patrick Neill, Q.C.) Document filed by CVC/Opportunity Equity Partners, Ltd. (Attachments: # 1 Exhibit 1# 2 Exhibit 2 (Part I)# 3 Exhibit 2 (Part II)# 4 Exhibit 3# 5 Exhibit 4 (Part I)# 6 Exhibit 4 (Part II)# 7 Exhibit 5 (Part I)# 8 Exhibit 5 (Part II)# 9 Exhibit 6# 10 Exhibit 7# 11 Exhibit 8# 12 Exhibit 9# 13 Exhibit 10# 14 Exhibit 11# 15 Exhibit 12# 16 Exhibit 13# 17 Exhibit 14# 18 Exhibit 15# 19 Exhibit 16# 20 Exhibit 17# 21 Exhibit 18# 22 Exhibit 19# 23 Exhibit 20# 24 Exhibit 21# 25 Exhibit 22# 26 Exhibit 23# 27 Exhibit 24# 28 Exhibit 25)(Vickery, Howard) Modified on 9/19/2005 (kg). (Entered: 09/16/2005)
2005-09-16 151 0 FILING ERROR - DUPLICATED DOCKET ENTRY - MOTION for Discovery (Declaration of Francis Patrick Neill, Q.C.) Document filed by CVC/Opportunity Equity Partners, Ltd. (Vickery, Howard) Modified on 9/19/2005 (kg). (Entered: 09/16/2005)
2005-09-16 152 0 FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - MEMORANDUM OF LAW (Certificate of Service). Document filed by CVC/Opportunity Equity Partners, Ltd. (Vickery, Howard) Modified on 9/19/2005 (kg). (Entered: 09/16/2005)
2005-09-19 153 0 DECLARATION of Arthur Leslie Marriott, Q.C. in Opposition. Document filed by CVC/Opportunity Equity Partners, Ltd.. (Vickery, Howard) (Entered: 09/19/2005)
2005-09-19 154 0 DECLARATION of Francis Patrick Neill, Q.C.. Document filed by CVC/Opportunity Equity Partners, Ltd.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2 (Part I)# 3 Exhibit 2 (Part II)# 4 Exhibit 3# 5 Exhibit 4 (Part I)# 6 Exhibit 4 (Part II)# 7 Exhibit 5 (Part I)# 8 Exhibit 5 (Part II)# 9 Exhibit 6# 10 Exhibit 7# 11 Exhibit 8# 12 Exhibit 9# 13 Exhibit 10# 14 Exhibit 11# 15 Exhibit 12# 16 Exhibit 13# 17 Exhibit 14# 18 Exhibit 15# 19 Exhibit 16# 20 Exhibit 17# 21 Exhibit 18# 22 Exhibit 19# 23 Exhibit 20# 24 Exhibit 21# 25 Exhibit 22# 26 Exhibit 23# 27 Exhibit 24# 28 Exhibit 25)(Vickery, Howard) (Entered: 09/19/2005)
2005-09-19 155 0 CERTIFICATE OF SERVICE of Memorandum of Law in Opposition to Plaintiffs Motion to Compel Production of Privileged Arbitration-Related Documents, the Declaration of Lord Neill of Bladen, QC, dated September 15, 2005, and the accompanying exhibits, and the Declaration of Arthur Marriott, QC, dated September 15, 2005 served on Howard Zelbo, Carmine Boccuzzi, Daniel Hibshoosh on 9/15/05. Document filed by CVC/Opportunity Equity Partners, Ltd.. (Vickery, Howard) (Entered: 09/19/2005)
2005-09-20 156 0 STIPULATION AND ORDER, Citigroup Venture Capital Int'l Brazil, LLC answer due 9/23/2005; International Equity Investments, Inc. answer due 9/23/2005. (Signed by Judge Lewis A. Kaplan on 9/20/05) (sac, ) (Entered: 09/21/2005)
2005-09-22 157 0 LETTER addressed to Judge Lewis Kaplan from Piero Marini Garavini, International Parliament for Safety and Peace dated 9/13/05.(jco, ) (Entered: 09/22/2005)
2005-09-23 158 0 MOTION to Dismiss Notice of Motion to Dismiss Defendants' First Through Fourth Counterclaims Pursuant to Federal Rules of Civil Procedure 12(B)(1) and 12(B)(6), Dated September 23, 2005,. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Attachments: # 1 Affidavit Brougham Declaration# 2 Affidavit Mayr Declaration# 3 Exhibit Exhibit A to Mayr Declaration Part 1# 4 Exhibit Exhibit A to Mayr Declaration Part 2# 5 Exhibit Exhibit A to Mayr Declaration Part 3# 6 Exhibit Exhibit B to Mayr Declaration# 7 Exhibit Exhibit C to Mayr Declaration Part 1# 8 Exhibit Exhibit C to Mayr Declaration Part 2# 9 Exhibit Exhibit D to Mayr Declaration# 10 Exhibit Exhibit E to Mayr Declaration# 11 Exhibit Exhibit F to Mayr Declaration# 12 Exhibit Exhibit G to Mayr Declaration)(Boccuzzi, Carmine) (Entered: 09/23/2005)
2005-09-23 159 0 FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - MOTION to Dismiss (Memorandum of Law in Support of Plaintiffs' Motion to Dismiss Defendants' First Through Fourth Counterclaims Persuant to Federal Rules of Civil Procedure 12(B)(1) and 12(B)(6), Dated September 23, 2005). Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Boccuzzi, Carmine) Modified on 9/29/2005 (kg). (Entered: 09/23/2005)
2005-09-23 160 0 FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - MOTION to Compel (Declaration of Daniel M. Hibshoosh, Dated September 23, 2005, In Further Support of Plaintiffs' Motion to Compel the Production of Arbitration-Related Documents). Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc. (Attachments: # 1 Exhibit Exhibit A to Hibshoosh Declaration# 2 Exhibit Exhibit B to Hibshoosh Declaration# 3 Exhibit Exhibit C to Hibshoosh Declaration# 4 Exhibit Exhibit D to Hibshoosh Declaration# 5 Exhibit Exhibit E to Hibshoosh Declaration# 6 Exhibit Exhibit F to Hibshoosh Declaration# 7 Exhibit Exhibit G to Hibshoosh Declaration# 8 Exhibit Exhibit H to Hibshoosh Declaration# 9 Affidavit Declaration of Christopher John Brougham, QC)(Zelbo, Howard) Modified on 9/29/2005 (kg). (Entered: 09/23/2005)
2005-09-23 161 0 FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - MOTION to Compel (Plaintiffs' Reply Memorandum of Law in Further Support of Motion to Compel Production of Arbitration-Related Documents, Dated September 23, 2005). Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Zelbo, Howard) Modified on 9/29/2005 (kg). (Entered: 09/23/2005)
2005-09-29 162 0 MEMORANDUM OF LAW in Support re: 158 MOTION to Dismiss Notice of Motion to Dismiss Defendants' First Through Fourth Counterclaims Pursuant to Federal Rules of Civil Procedure 12(B)(1) and 12(B)(6), Dated September 23, 2005,.. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Boccuzzi, Carmine) (Entered: 09/29/2005)
2005-09-29 163 0 DECLARATION of Daniel M. Hibshoosh in Support. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Brougham Declaration)(Zelbo, Howard) (Entered: 09/29/2005)
2005-09-29 164 0 REPLY MEMORANDUM OF LAW in Support Of Motion To Compel Production Of Arbitration-Related Documents. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Zelbo, Howard) (Entered: 09/29/2005)
2005-09-29 165 0 CERTIFICATE OF SERVICE of Declaration Of Daniel M. Hibshoosh With Exhibits A Through H With The Declaration Of Christopher John Brougham, QC and, Plaintiffs' Reply Memorandum Of Law In Further Support Of Motion To Compel Production Of Arbitration-Related Documents served on Howard Vickery, Esq., George F. Carpinello, Esq., Philip Korologos, Esq., Boies, Schiller & Flexner LLP, 570 Lexington Avenue, 16th Floor, New York, NY 10022 on September 23, 2005. Service was made by Federal Express. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Zelbo, Howard) (Entered: 09/29/2005)
2005-09-29 166 0 CERTIFICATE OF SERVICE of Notice Of Motion To Dismiss Defendants' First Through Fourth Counterclaims Pursuant To Federal Rules Of Civil Procedure 12(B)(1) And 12(B)(6) With The Declaration Of Christopher John Brougham, QC, The Declaration Of Kurt A. Mayr In Support Of Plaintiffs' Motion To Dismiss Defendants' First Through Fourth Counterclaims Pursuant To Federal Rules Of Civil Procedure 12(B)(1) And 12(B)(6) With Exhibits A Through G And, The Memorandum Of Law In Support Of Plaintiffs' Motion To Dismiss Defendants' First Through Fourth Counterclaims Pursuant To Federal Rule Of Civil Procedure 12(B)(1) And 12(B)(6) served on Howard Vickery, Esq., George F. Carpinello, Esq., Philip Korologos, Esq., Boies, Schiller & Flexner LLP, 570 Lexington Ave, 16th Floor, New York, NY 10022 on September 23, 2005. Service was made by Federal Express. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Boccuzzi, Carmine) (Entered: 09/29/2005)
2005-09-27 167 0 TRUE COPY ORDER of USCA as to 112 Notice of Interlocutory Appeal filed by CVC/Opportunity Equity Partners, Ltd., Daniel Valente Dantas, USCA Case Number 05-2862-cv. Pursuant to this order appellants hereby reactivate the above-referenced appeal. Rosann B. MacKechnie, Clerk USCA. Certified: 9/23/2005. (nd, ) (Entered: 09/30/2005)
2005-09-28 168 0 LETTER addressed to Judge Lewis A. Kaplan from Philip C. Korologos dated 9/27/05 re: certified translation of the letter, dated 9/13/05. (sac, ) (Entered: 09/30/2005)
2005-09-30 169 0 ORDER TO SHOW CAUSE by International Equity Investments, Inc. AND TEMPORARY RESTRAINING ORDER Show Cause Hearing set for 10/6/2005 02:30 PM before Judge Lewis A. Kaplan why an order should not be entered enjoining defendants form taking any additional actions, directly or indirectly, to suspend or postpone the General Shareholders Meeting for Brasil Telecom called for 9/30/05, or any other general shareholders meeting for any other company in which plaintiffs, directly or indirectly, possess an equity interest. Sufficient reason therefore having been show that plaintiffs' motion for a temporary restraining order is granted to the extent hereinafter set forth and otherwise denied. (Signed by Judge Lewis A. Kaplan on 9/29/05) (jco, ) (Entered: 09/30/2005)
2005-09-30 170 0 AFFIDAVIT of Carmine Boccuzzi, Dated September 29, 2005 in Support re: 169 Order to Show Cause,,. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Boccuzzi, Carmine) (Entered: 09/30/2005)
2005-09-30 171 0 MEMORANDUM OF LAW in Support re: 169 Order to Show Cause,,, 170 Affidavit in Support, / Memorandum Of Law In Support Of Plaintiffs' Motion For Contempt, A Temporary Restraining Order And A Preliminary Injunction, Dated September 29, 2005. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Boccuzzi, Carmine) (Entered: 09/30/2005)
2005-09-29 172 0 LETTER addressed to Daniel Hibshoosh from Scott Berman dated 9/29/05 re: service with respect to Brasil Telecom. (db, ) (Entered: 10/04/2005)
2005-10-05 173 0 DECLARATION of Carmine D. Boccuzzi Dated October 5, 2005. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L)(Boccuzzi, Carmine) (Entered: 10/05/2005)
2005-10-06 174 0 DECLARATION of Arthur Joaquim de Carvalho in Opposition. Document filed by CVC/Opportunity Equity Partners, Ltd.. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Vickery, Howard) (Entered: 10/06/2005)
2005-10-05 175 0 ENDORSED LETTER addressed to Judge Lewis A. Kaplan from George F. Carpinello dated 10/4/05 re: counsel for dfts advise the court that they do not object to the entry of the preliminary injunction. Motion for preliminary injunction granted. (Signed by Judge Lewis A. Kaplan on 6/5/05) (dle, ) (Entered: 10/06/2005)
2005-10-06 176 0 ENDORSED LETTER addressed to Judge Kaplan from Carmine Boccuzzi dated 10/5/05: the motion for a preliminary injunction was granted on consent prior to receipt of this letter. Plntfs remain free to make any additional motion they see fit, and defts than would have an opportunity to respond. (Signed by Judge Lewis A. Kaplan on 10/6/05) (cd, ) (Entered: 10/07/2005)
2005-10-07 177 0 CERTIFICATE OF SERVICE of Declaration of Carmine D. Boccuzzi with Exhibits A through L served on Philip Korologos, Esq., George Carpinello, Esq., Howard Vickery, Esq., Boies, Schiller & Flexner LLP, 570 Lexington Avenue, 16th Floor, New York, NY 10022 on October 5, 2005. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Boccuzzi, Carmine) (Entered: 10/07/2005)
2005-10-11 178 0 TRANSCRIPT of proceedings held on 09/29/05 before Judge Lewis A. Kaplan. (es, ) (Entered: 10/11/2005)
2005-10-14 179 0 STIPULATION AND CONSENT ORDER: defendants to respond to plaintiffs motion to dismiss by 11/7/05; plaintiffs reply due 12/7/05. (Signed by Judge Lewis A. Kaplan on 10/14/05) (db, ) (Entered: 10/14/2005)
2005-10-18 180 0 TRANSCRIPT of proceedings held on 10/6/2005 before Judge Lewis A. Kaplan. (jar, ) (Entered: 10/18/2005)
2005-10-18 181 0 TRANSCRIPT of proceedings held on 10/6/2005 before Judge Lewis A. Kaplan. (jar, ) (Entered: 10/18/2005)
2005-11-02 182 0 ORDER; denying without prejudice 23 Motion to Intervene. (Signed by Judge Lewis A. Kaplan on 11/2/05) (sac, ) (Entered: 11/03/2005)
2005-11-07 183 0 MEMORANDUM OF LAW in Opposition re: 158 MOTION to Dismiss Notice of Motion to Dismiss Defendants' First Through Fourth Counterclaims Pursuant to Federal Rules of Civil Procedure 12(B)(1) and 12(B)(6), Dated September 23, 2005,.. Document filed by CVC/Opportunity Equity Partners, Ltd.. (Attachments: # 1 Exhibit A to Opposition to Motion to Dismiss# 2 Declaration of the Hon. David Keightley Rideal Oliver Q.C.# 3 Exhibit to Oliver Dec Part I# 4 Exhibit to Oliver Dec Part II# 5 Exhibit to Oliver Dec Part III# 6 Exhibit to Oliver Dec Part IV# 7 Exhibit to Oliver Dec Part V# 8 Certificate of Service)(Korologos, Philip) (Entered: 11/07/2005)
2005-11-17 184 0 NOTICE of Motion Pursuant To Federal Rules Of Civil Procedure 15 And 21 For Leave To File A Second Amended Complaint And To Add Defendants, Dated November 17, 2005 re: 44 Complaint,, 45 Amended Complaint,. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Attachments: # 1 Proposed Second Amended Complaint# 2 Proposed Second Amended Complaint (Blacklined))(Boccuzzi, Carmine) (Entered: 11/17/2005)
2005-11-17 185 0 MEMORANDUM OF LAW in Support Of Plaintiffs' Motion Pursuant To Federal Rules Of Civil Procedure 15 And 21 For Leave To File A Second Amended Complaint And Add Defendants, Dated November 17, 2005. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Boccuzzi, Carmine) (Entered: 11/17/2005)
2005-11-17 186 0 RULE 7.1 DISCLOSURE STATEMENT. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc..(Boccuzzi, Carmine) (Entered: 11/17/2005)
2005-11-18 188 0 CERTIFICATE OF SERVICE of Notice Of Motion Pursuant To Federal Rules Of Civil Procedure 15 and 21 For Leave To File A Second Amended Complaint And To Add Defendants With Proposed Second Amended Complaint; The Memorandum Of Law In Support Of Plaintiff's Motion Pursuant To Federal Rules Of Civil Procedure 15 And 21 For Leave To File A Second Amended Complaint and Add Defendants and; The Amended Statement Pursuant To Federal Rule Of Civil Procedure 7.1 Of Plaintiffs International Equity Investments, Inc. and Citigroup Venture Capital International Brazil, LLC, On Behalf Of Itself And Citigroup Venture Capital International Brazail, L.P., Dated November 17, 2005 served on Howard Vickery, Esq., George F. Carpinello, Esq., Philip Korologos, Esq., Boies, Schiller & Flexner LLP on 11/17/2005. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Boccuzzi, Carmine) (Entered: 11/18/2005)
2005-11-30 190 0 ENDORSED LETTER addressed to Judge Lewis A. Kaplan from Carmine D. Boccuzzi dated 11/29/05 re: plaintiff's pending motion for a preliminary injunction and contempt dated 11/17/05 is hereby withdrawn. (Signed by Judge Lewis A. Kaplan on 11/30/05) (db, ) (Entered: 12/01/2005)
2005-11-30 191 0 STIPULATION AND CONSENT ORDER: defendants opposition to plaintiffs motion to amend is due 12/21/05; plaintiffs reply is due1/12/06. (Signed by Judge Lewis A. Kaplan on 11/30/05) (db, ) (Entered: 12/01/2005)
2005-12-02 192 0 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss for Lack of Jurisdiction Subject Matter. Document filed by CVC/Opportunity Equity Partners, Ltd.. Responses due by 12/16/2005 (Attachments: # 1 Memorandum of Law in Support of Defendants' Motion to Dismiss for Lack of Subject Matter Jurisdiction# 2 Certificate of Service)(Korologos, Philip) Modified on 12/13/2005 (kg). (Entered: 12/02/2005)
2005-12-02 193 0 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Vacate Portions of the March 17, June 2 and June 7 Preliminary Injunctions. Document filed by CVC/Opportunity Equity Partners, Ltd.. (Attachments: # 1 Defendants' Memorandum of Law in Support of Motion to Vacate Portions of the March 17, June 2 and June 7 Preliminary Injunctions# 2 Declaration of George F. Carpinello# 3 Exhibit A-D# 4 Exhibit E# 5 Exhibit F# 6 Exhibit G-K# 7 Exhibit L-N# 8 Certificate of Service)(Korologos, Philip) Modified on 12/13/2005 (kg). (Entered: 12/02/2005)
2005-12-02 194 0 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Leave to File An Amended Answer to Plaintiffs' Amended Complaint and Second Amended Counterclaims. Document filed by CVC/Opportunity Equity Partners, Ltd.. (Attachments: # 1 Defendants' Memorandum of Law in Support of Motion for Leave to File# 2 Proposed Amended Document-Clean Version Part 1# 3 Proposed Amended Document-Clean Version Part 2# 4 Proposed Amended Document-Blackline Version-Part 1# 5 Proposed Amended Document-Blackline Version-Part 2# 6 Proposed Order# 7 Certificate of Service)(Korologos, Philip) Modified on 12/13/2005 (kg). (Entered: 12/02/2005)
2005-12-07 195 0 STIPULATION AND CONSENT ORDER; that plaintiff shall have up until and including 12/16/05 to file a reply to the opposition. (Signed by Judge Lewis A. Kaplan on 12/7/05) (pl, ) (Entered: 12/08/2005)
2005-12-13 196 0 MOTION to Dismiss for Lack of Jurisdiction Subject Matter. Document filed by CVC/Opportunity Equity Partners, Ltd.. (Korologos, Philip) (Entered: 12/13/2005)
2005-12-13 197 0 MEMORANDUM OF LAW in Support re: 196 MOTION to Dismiss for Lack of Jurisdiction Subject Matter.. Document filed by CVC/Opportunity Equity Partners, Ltd.. (Korologos, Philip) (Entered: 12/13/2005)
2005-12-13 198 0 CERTIFICATE OF SERVICE served on Cleary Gotlieb Steen & Hamilton on December 2, 2005. Document filed by CVC/Opportunity Equity Partners, Ltd.. (Korologos, Philip) (Entered: 12/13/2005)
2005-12-13 199 0 MOTION to Vacate Portions of the March 17, June 2 and June 7 Preliminary Injunctions. Document filed by CVC/Opportunity Equity Partners, Ltd.. (Korologos, Philip) (Entered: 12/13/2005)
2005-12-13 200 0 MEMORANDUM OF LAW in Support re: 199 MOTION to Vacate Portions of the March 17, June 2 and June 7 Preliminary Injunctions.. Document filed by CVC/Opportunity Equity Partners, Ltd.. (Korologos, Philip) (Entered: 12/13/2005)
2005-12-13 201 0 DECLARATION of George F. Carpinello in Support re: 199 MOTION to Vacate Portions of the March 17, June 2 and June 7 Preliminary Injunctions.. Document filed by CVC/Opportunity Equity Partners, Ltd.. (Attachments: # 1 Exhibit A-D# 2 Exhibit E# 3 Exhibit F# 4 Exhibit G-K# 5 Exhibit L-N)(Korologos, Philip) (Entered: 12/13/2005)
2005-12-13 202 0 MOTION for Leave to File an Amended Answer to Plaintiffs' Amended Counterclaims and Second Amended Counterclaims. Document filed by CVC/Opportunity Equity Partners, Ltd.. (Korologos, Philip) (Entered: 12/13/2005)
2005-12-13 203 0 MEMORANDUM OF LAW in Support re: 202 MOTION for Leave to File an Amended Answer to Plaintiffs' Amended Counterclaims and Second Amended Counterclaims.. Document filed by CVC/Opportunity Equity Partners, Ltd.. (Attachments: # 1 Proposed Amended Complaint-Clean Part 1# 2 Proposed Amended Document-Clean Part 2# 3 Proposed Amended Document-Blackline-Part 1# 4 Proposed Amended Document-Blackline-Part 2)(Korologos, Philip) (Entered: 12/13/2005)
2005-12-13 204 0 CERTIFICATE OF SERVICE served on Cleary Gotlieb Steen & Hamilton LLP on December 2, 2005. Document filed by CVC/Opportunity Equity Partners, Ltd.. (Korologos, Philip) (Entered: 12/13/2005)
2005-12-13 205 0 CERTIFICATE OF SERVICE served on Cleary Gotlieb Steen & Hamilton LLP on December 2, 2005. Document filed by CVC/Opportunity Equity Partners, Ltd.. (Korologos, Philip) (Entered: 12/13/2005)
2005-12-13 206 0 ORDER: defendants 11/1/05 application compelling production by plaintiffs of documents created after 3/9/05 is DENIED. Plaintiffs application for an order requiring production of documents from Banco Opportunity, S.A. is GRANTED as further set forth in said Order. Each side faults the other for the incompleteness of its production. All responsive documents shall be produced by 1/31/06. (Signed by Judge Lewis A. Kaplan on 12/13/05) (db, ) (Entered: 12/14/2005)
2005-12-14 207 0 STIPULATION AND ORDER; dft's motion to dismiss for lack of subject matter jurisdiction shall be served and filed on or before 12/22/05; dfts' reply, if any, shall be served and filed on or before 1/11/06; addional deadlines are as set forth in this order. (Signed by Judge Lewis A. Kaplan on 12/14/05) (pl, ) (Entered: 12/15/2005)
2005-12-22 208 0 MEMORANDUM OF LAW in Opposition re: 196 MOTION to Dismiss for Lack of Jurisdiction Subject Matter. , Dated December 22, 2005. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Boccuzzi, Carmine) (Entered: 12/22/2005)
2005-12-22 209 0 DECLARATION of Daniel M. Hibshoosh in Opposition re: 196 MOTION to Dismiss for Lack of Jurisdiction Subject Matter.. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G Part 1# 8 Exhibit G Part 2# 9 Exhibit G Part 3# 10 Exhibit G Part 4# 11 Exhibit H# 12 Exhibit I# 13 Exhibit J# 14 Declaration of Christopher John Brougham, QC)(Boccuzzi, Carmine) (Entered: 12/22/2005)
2005-12-23 210 0 CERTIFICATE OF SERVICE of Memorandum Of Law In Opposition To Defendants' Motion To Dismiss For Lack Of Subject Matter Jurisdiction; Declaration Of Daniel M. Hibshoosh With Exhibits A Through J; and Declaration Of Christopher John Brougham, Dated December 23, 2005 served on Howard Vickery, Esq., George Carpinello, Esq., Philip Korologos, Esq., Boies Schiller & Flexner LLP on 12/22/2005. Service was made by Federal Express. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Boccuzzi, Carmine) (Entered: 12/23/2005)
2006-01-05 211 0 ENDORSED LETTER addressed to Judge Lewis A. Kaplan from George Carpinello dated 1/5/06 re: counsel for dfts request permission to file a reply brief not to exceed 20 pages. Granted. (Signed by Judge Lewis A. Kaplan on 1/5/06) (dle, ) (Entered: 01/06/2006)
2006-01-11 212 0 REPLY to Response to Motion re: 196 MOTION to Dismiss for Lack of Jurisdiction Subject Matter.. Document filed by CVC/Opportunity Equity Partners, Ltd.. (Korologos, Philip) (Entered: 01/11/2006)
2006-01-11 213 0 DECLARATION of George F. Carpinello in Support re: 196 MOTION to Dismiss for Lack of Jurisdiction Subject Matter.. Document filed by CVC/Opportunity Equity Partners, Ltd.. (Attachments: # 1 Exhibit A-B to Carpinello Declaration)(Korologos, Philip) (Entered: 01/11/2006)
2006-01-11 214 0 DECLARATION of William James Tyre Bagnall in Support re: 196 MOTION to Dismiss for Lack of Jurisdiction Subject Matter.. Document filed by CVC/Opportunity Equity Partners, Ltd.. (Attachments: # 1 Exhibit Exhibit A to Declaration of William James Tyre Bagnall)(Korologos, Philip) (Entered: 01/11/2006)
2006-01-11 215 0 DECLARATION of Arthur Joaquim De Carvalho in Support re: 196 MOTION to Dismiss for Lack of Jurisdiction Subject Matter.. Document filed by CVC/Opportunity Equity Partners, Ltd.. (Korologos, Philip) (Entered: 01/11/2006)
2006-01-11 216 0 CERTIFICATE OF SERVICE of Defendants Reply Memorandum of Law in Support of their Motion to Dismiss for Lack for Subject Matter Jurisdiction served on Howard Zelbo and Carmine Boccuzzi on 1/11/06. Document filed by CVC/Opportunity Equity Partners, Ltd.. (Korologos, Philip) (Entered: 01/11/2006)
2006-01-17 217 0 ENDORSED LETTER addressed to Judge Lewis A. Kaplan from Howard S. Zelbo dated 1/13/06 re: plaintiffs respectfully seek leave to file a sur-reply declaration from their Cayman expert, Christopher John Brougham, Q.C. The parties request leave to submit such a reply declaration by Friday, 1/20/06, both because Mr. Bagnall's declaration is 15 single-space long and will therefore take some time to analyze and because mr. Brougham has informed us that he will be away from Monday to Wednesday of next week. Granted. (Signed by Judge Lewis A. Kaplan on 1/17/06) (sac, ) (Entered: 01/18/2006)
2006-01-20 218 0 DECLARATION of Christopher John Brougham, QC, Dated January 20, 2006, in Opposition re: 196 MOTION to Dismiss for Lack of Jurisdiction Subject Matter.. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Zelbo, Howard) (Entered: 01/20/2006)
2006-01-24 219 0 STIPULATION AND CONSENT ORDER; that all responsive documents shall be produced on or before 2/22/06; plaintiff's reply brief o their motion to dismiss dfts' First thru Fourth Counterclaim shall be served and filed on or before 2/22/06; dfts response to Plaintiffs' motion for leave to file a Second Amended Complaint and to add dfts shall be served and filed on or before 2/24/06; Plaintiffs' reply, if any, shall be served and filed on or before 3/10/06; additional discovery deadlines are as set forth in this Order. (Signed by Judge Lewis A. Kaplan on 1/24/06) (pl, ) (Entered: 01/24/2006)
2006-01-24 220 0 ORDER; that plaintiff on or before 1/30/06, shall file an amendment to jurisdictional allegations of the amended complaint either alleging that IEII is the only member of CVC Brazil or alleging the identities and citizenship of each additional member of CVC Brazil, as the case may be, failing which the action may be dismissed. (Signed by Judge Lewis A. Kaplan on 1/24/06) (pl, ) (Entered: 01/24/2006)
2006-01-24 221 0 STIPULATION AND CONSENT ORDER; all responsive documents shall be produced by 2/22/2006. Reply briefs due by 2/22/2006. Responses due by 2/24/2006. Replies due by 3/10/2006. All other deadlines are set forth in this order. (Signed by Judge Lewis A. Kaplan on 1/28/06) (kco, ) (Entered: 01/24/2006)
2006-01-25 222 0 ENDORSED LETTER: addressed to Lewis A. Kaplan from George F. Carpinello dated 1/23/2006 re: we therefore respectfully request that the Court strike this brief from the record. ENDORSEMENT: The 1/20/2006 is stricken. (Signed by Judge Lewis A. Kaplan on 1/24/2006) (lb, ) (Entered: 01/25/2006)
2006-01-27 223 0 SECOND AMENDED COMPLAINT amending 45 Amended Complaint, against Opportunity Equity Partners Ltd., Daniel Valente Dantas.Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. Related document: 45 Amended Complaint, filed by International Equity Investments, Inc.,, Citigroup Venture Capital Int'l Brazil, LLC.(sac, ) Additional attachment(s) added on 1/30/2006 (sac, ). (Entered: 01/30/2006)
2006-01-30 224 0 MEMORANDUM AND OPINION re: 196 MOTION to Dismiss for Lack of Jurisdiction Subject Matter filed by Opportunity Equity Partners Ltd. For the foregoing reasons, defendants' motion to dismiss the action for lack of subject matter jurisdiction is DENIED in all respects. (Signed by Judge Lewis A. Kaplan on 1/30/09) (kco, ) (Entered: 01/30/2006)
2006-02-02 225 0 ORDER TO SHOW CAUSE: that defendants Opportunity Equity Partners Ltd. and Daniel Valente Dantas show cause why an Order should not be made and entered pursuant to FRCP 65 enjoining said defendants as further set forth in said Order. Show Cause Hearing set for 2/9/2006 10:00 AM before Judge Lewis A. Kaplan. Show Cause Response due by 2/2/2006. (Signed by Judge Lewis A. Kaplan on 2/2/06) (db, ) (Entered: 02/02/2006)
2006-02-02 226 0 AFFIDAVIT of Howard S. Zelbo In Support Of Plaintiffs' Order To Show Cause For A Temporary Restraining Order And A Preliminary Injunction, Dated February 2, 2006 in Support re: 225 Order to Show Cause,. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Caldeira Declaration)(Zelbo, Howard) (Entered: 02/02/2006)
2006-02-02 227 0 MEMORANDUM OF LAW in Support re: 225 Order to Show Cause,, 226 Affidavit in Support, Of Plaintiffs' Motions For A Temporary Restraining Order And A Preliminary Injunction, Dated February 2, 2006. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Zelbo, Howard) (Entered: 02/02/2006)
2006-02-03 228 0 CERTIFICATE OF SERVICE of Order To Show Cause For A Temporary Restraining Order And A Preliminary Injunction Signed By Judge Kaplan On 2/2/06 With Affadavit Of Howard S. Zelbo In Support Of Plaintiffs' Order To Show Cause For A Temporary Restraining Order And A Preliminary Injunction With Exhibits A Through G and the Memorandum Of Law In Support Of Plaintiffs' Motions For A Temporary Restraining Order And A Preliminary Injunction served on Howard Vickery, Esq., George F. Carpinello, Esq., Philip Korologos, Esq., and Boise, Schiller & Flexner, LLP on February 2, 2006. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Zelbo, Howard) (Entered: 02/03/2006)
2006-02-07 229 0 STIPULATION AND CONSENT ORDER, defendants answering papers shall be filed by 2/13/06. Plaintiff's reply papers shall be filed by 2/17/06. The motion for preliminary injunction is returnable on or after 2/22/06. (Signed by Judge Lewis A. Kaplan on 2/7/06) (kco, ) (Entered: 02/07/2006)
2006-02-13 230 0 RESPONSE TO ORDER TO SHOW CAUSE re: 225 Order to Show Cause,. Document filed by Opportunity Equity Partners Ltd.. (Korologos, Philip) (Entered: 02/13/2006)
2006-02-13 231 0 DECLARATION of Arthur Joaquim De Carvalho in Opposition re: 225 Order to Show Cause,, 227 Memorandum of Law in Support,. Document filed by Opportunity Equity Partners Ltd.. (Attachments: # 1 Exhibit A-C)(Korologos, Philip) (Entered: 02/13/2006)
2006-02-13 232 0 DECLARATION of Rodrigo Godoy in Opposition re: 225 Order to Show Cause,, 227 Memorandum of Law in Support,. Document filed by Opportunity Equity Partners Ltd.. (Attachments: # 1 Exhibit A-B)(Korologos, Philip) (Entered: 02/13/2006)
2006-02-13 233 0 DECLARATION of Pedro Lanna Ribeiro in Opposition re: 225 Order to Show Cause,, 227 Memorandum of Law in Support,. Document filed by Opportunity Equity Partners Ltd.. (Attachments: # 1 Exhibit A-C)(Korologos, Philip) (Entered: 02/13/2006)
2006-02-13 234 0 CERTIFICATE OF SERVICE. Document filed by Opportunity Equity Partners Ltd.. (Korologos, Philip) (Entered: 02/13/2006)
2006-02-17 235 0 REPLY MEMORANDUM OF LAW in Support re: 225 Order to Show Cause, /Plaintiffs' Reply Memorandum of Law In Support Of Motion For A Preliminary Injunction, Dated February 17, 2006. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Zelbo, Howard) (Entered: 02/17/2006)
2006-02-17 236 0 DECLARATION of Aren Goldsmith, Dated February 17, 2006, in Support re: 225 Order to Show Cause,. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2 Part 1# 3 Exhibit 2 Part 2# 4 Exhibit 2 Part 3# 5 Exhibit 2 Part 4# 6 Exhibit 2 Part 5# 7 Exhibit 3# 8 Exhibit 4)(Zelbo, Howard) (Entered: 02/17/2006)
2006-02-21 237 0 CERTIFICATE OF SERVICE of Declaration of Aren Goldsmith and Reply Memorandum of Law in Support of Motion for a Preliminary Injunction served on Howard Vickery, Esq., George F. Carpinello, Esq., and Philip Korologos, Esq. of Boies, Schiller & Flexner LLP on February 17, 2006. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Zelbo, Howard) (Entered: 02/21/2006)
2006-02-22 238 0 REPLY MEMORANDUM OF LAW in Support re: 158 MOTION to Dismiss Notice of Motion to Dismiss Defendants' First Through Fourth Counterclaims Pursuant to Federal Rules of Civil Procedure 12(B)(1) and 12(B)(6), Dated September 23, 2005,.. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Boccuzzi, Carmine) (Entered: 02/22/2006)
2006-02-22 239 0 DECLARATION of Christopher John Brougham, QC, Dated February 22, 2006 in Support re: 158 MOTION to Dismiss Notice of Motion to Dismiss Defendants' First Through Fourth Counterclaims Pursuant to Federal Rules of Civil Procedure 12(B)(1) and 12(B)(6), Dated September 23, 2005,.. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Boccuzzi, Carmine) (Entered: 02/22/2006)
2006-02-22 240 0 ORDER; that the motion for preliminary injunction (docket item 225) is withdrawn as moot. (Signed by Judge Lewis A. Kaplan on 2/22/06) (pl, ) (Entered: 02/23/2006)
2006-02-23 241 0 CERTIFICATE OF SERVICE of Janet Ford, Dated February 23, 2006, of Declaration Of Christopher John Brougham, QC & Reply Memorandum Of Law In Support Of Plaintiffs' Motion To Dismiss Defendants' First Through Fourth Counterclaims Pursuant To Federal Rules Of Civil Procedure 12(B)(1) And 12(B)(6) served on Howard Vickery, Esq., George F. Carpinello, Esq., Philip Korologos, Esq., Boies, Schiller & Flexner LLP, 570 Lexington Avenue, 16th Floor, New York, NY 10022 on February 22, 2006. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Boccuzzi, Carmine) (Entered: 02/23/2006)
2006-02-24 242 0 BRIEF re: 185 Memorandum of Law in Support, Defendants' Response to Motion for Leave to File a Second Amended Complaint and to add Defendants. Document filed by Opportunity Equity Partners Ltd..(Korologos, Philip) (Entered: 02/24/2006)
2006-02-24 243 0 MEMORANDUM OF LAW in Opposition re: 202 MOTION for Leave to File an Amended Answer to Plaintiffs' Amended Counterclaims and Second Amended Counterclaims. Dated February 24, 2006. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Boccuzzi, Carmine) (Entered: 02/24/2006)
2006-02-24 244 0 DECLARATION of Aren Goldsmith re: 243 Memorandum of Law in Oppisition to Motion, Dated February 24, 2006. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Boccuzzi, Carmine) (Entered: 02/24/2006)
2006-02-24 245 0 STIPULATION AND CONSENT ORDER: plaintiffs shall have up to and including 3/1/06 to oppose or otherwise respond to the motion to vacate and defendants shall have up to and including 3/17/06 to reply to any response by plaintiffs to the Motion to Vacate. (Signed by Judge Lewis A. Kaplan on 2/23/06) (db, ) (Entered: 02/27/2006)
2006-02-27 246 0 CERTIFICATE OF SERVICE of Defendants' Response to Motion for Leave to File A Second Amended Complaint and to Add Defendants served on Howard S. Zelbo, Esq. and Carmine D. Boccuzzi, Esq. of Cleary Gottlieb Steen & Hamilton LLP on February 24, 2006. Document filed by Opportunity Equity Partners Ltd., Daniel Valente Dantas. (Vickery, Howard) (Entered: 02/27/2006)
2006-02-28 247 0 TRANSCRIPT of proceedings held on 02/02/06 before Judge Lewis A. Kaplan. (es, ) (Entered: 02/28/2006)
2006-02-28 248 0 CERTIFICATE OF SERVICE of Janet Ford, Dated February 27, 2006, Of Memorandum Of Law In Opposition To Defendants' Motion For Leave To Amend The Answer And To Add A Seventh Counterclaim And The Declaration Of Aren Goldsmith served on Howard Vickery, Esq., George F. Carpinello, Esq., Philip Korologos, Esq., Boies Schiller & Flexner LLP, 570 Lexington Avenue, 16th Floor, New York, NY 10022 on February 24, 2006. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Boccuzzi, Carmine) (Entered: 02/28/2006)
2006-03-01 249 0 DECLARATION of Aren Goldsmith, Dated March 1, 2006, in Opposition re: 199 MOTION to Vacate Portions of the March 17, June 2 and June 7 Preliminary Injunctions.. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H)(Zelbo, Howard) (Entered: 03/01/2006)
2006-03-01 250 0 MEMORANDUM OF LAW in Opposition re: 199 MOTION to Vacate Portions of the March 17, June 2 and June 7 Preliminary Injunctions. /Memorandum Of Law In Opposition To Defendants' Motion To Vacate Portions Of The March 17, June 2 And June 7 Preliminary Injunctions, Dated March 1, 2006. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Zelbo, Howard) (Entered: 03/01/2006)
2006-03-03 251 0 CERTIFICATE OF SERVICE of Richard V. Conza, Dated March 3, 2006, Declaration of Aren Goldsmith, dated March 1, 2006 with Exhibits A through H, the Notice of Motion to Vacate Portions of the March 17, June 2, and June 7 Preliminary Injunctions and, the Memorandum of Law in Opposition to Defendants' Motion to Vacate Portions of the March 17, June 2, and June 7 Preliminary Injunctions served on Howard Vickery, Esq., Boies, Schiller & Flexner, 570 Lexington Avenue, 16th Floor, New York, NY 10022 on March 1, 2006. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Zelbo, Howard) (Entered: 03/03/2006)
2006-03-03 252 0 REPLY AFFIRMATION of Carmine Boccuzzi, Dated March 3, 2006 in Support re: 184 Notice (Other), Notice (Other). Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Boccuzzi, Carmine) (Entered: 03/03/2006)
2006-03-06 253 0 TRANSCRIPT of proceedings held on 2/22/06 before Judge Lewis A. Kaplan. (jbe, ) (Entered: 03/06/2006)
2006-03-09 254 0 ORDER: Plaintiff's motion for leave to file a second amended complaint and to add defendants is GRANTED. The second amended complaint is deemed served and filed as to the existing defendants as of this date, who each shall have ten days in which to answer or move with respect to it. The Clerk shall issue such additional summonses as may be required for service upon the added defendants. (Signed by Judge Lewis A. Kaplan on 3/9/06) (js, ) (Entered: 03/09/2006)
2006-03-09 255 0 ORDER: Defendants' motion for leave to amend the answer and add a seventh counterclaim is DENIED. Substantially for the reasons set forth in plaintiffs' memorandum, Moreover, the Court cannot escape the conclusion that the attempt to amend the answer to retract defendants' repeated admissions that IEII was the sole general partner of the CVC Fund is nothing but bad faith gamesmanship that reflects poorly on all responsible for it. (Signed by Judge Lewis A. Kaplan on 3/9/06) (js, ) (Entered: 03/09/2006)
2006-03-16 256 0 ORDER TO SHOW CAUSE for an order, for Temporary Restraining Order, pursuant to Rule 65 of the Federal Rules of Civil Procedure, enjoing defendants Dantas and Opportunity filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc. Show Cause Hearing set for 3/28/2006 at 10:00 AM before Judge Lewis A. Kaplan. (Signed by Judge Lewis A. Kaplan on 3/16/05) (sac, ) (Entered: 03/16/2006)
2006-03-16 257 0 STIPULATION AND CONSENT ORDER; defendants shall have up to and including 3/24/2006 to file and serve their reply to the motion to vacate. (Signed by Judge Lewis A. Kaplan on 3/16/06) (kco, ) (Entered: 03/16/2006)
2006-03-16 258 0 NOTICE of Voluntary Dismissal pursuant to Rule 41(a)(1) of the F.R.C.P. International Equity Investments, Inc. and Citigroup Venture Capital International Brazil, L.P. give notice of voluntary dismissal of all claims against newly added defendants. (Signed by Judge Lewis A. Kaplan on 3/16/06) (kco, ) Modified on 3/16/2006 (kco, ). (Entered: 03/16/2006)
2006-03-16 259 0 MEMORANDUM OF LAW in Support re: 256 Order to Show Cause, /Memorandum Of Law In Support Of Plaintiffs' Motions For A Temporary Restraining Order And A Preliminary Injunction, Dated March 16, 2006. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Zelbo, Howard) (Entered: 03/16/2006)
2006-03-16 260 0 AFFIDAVIT of Carmine D. Boccuzzi in Support re: 256 Order to Show Cause,. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Attachments: # 1 Boccuzzi Declaration Exhibit A# 2 Boccuzzi Declaration Exhibit B Part 1# 3 Boccuzzi Declaration Exhibit B Part 2# 4 Boccuzzi Declaration Exhibit B Part 3# 5 Boccuzzi Declaration Exhibit C# 6 Boccuzzi Declaration Exhibit D# 7 Boccuzzi Declaration Exhibit E# 8 Boccuzzi Declaration Exhibit F# 9 Galdino Declaration# 10 Galdino Declaration Exhibit A# 11 Galdino Declaration Exhibit B# 12 Galdino Declaration Exhibit C# 13 Galdino Declaration Exhibit D# 14 Galdino Declaration Exhibit E# 15 Galdino Declaration Exhibit F# 16 Brougham Declaration)(Boccuzzi, Carmine) (Entered: 03/16/2006)
2006-03-16 261 0 FILING ERROR - DUPLICATE ENTRY - (SEE DOCUMENT # 260 ) - AFFIDAVIT of Carmine D. Boccuzzi, Dated March 15, 2006, in Support re: 256 Order to Show Cause,. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Attachments: # 1 Boccuzzi Declaration Exhibit A# 2 Boccuzzi Declaration Exhibit B Part 1# 3 Boccuzzi Declaration Exhibit B Part 2# 4 Boccuzzi Declaration Exhibit B Part 3# 5 Boccuzzi Declaration Exhibit C# 6 Boccuzzi Declaration Exhibit D# 7 Boccuzzi Declaration Exhibit E# 8 Boccuzzi Declaration Exhibit F)(Boccuzzi, Carmine) Modified on 3/22/2006 (gf, ). (Entered: 03/16/2006)
2006-03-17 262 0 ORDER; plaintiff's application is granted. The parties shall agree on the wording of a proposed modification of the [confidentiality]order and submit a new form of order no later than 3/24/2006. (Signed by Judge Lewis A. Kaplan on 3/17/2006) (kco, ) Modified on 3/21/2006 (lma, ). (Entered: 03/21/2006)
2006-03-20 263 0 ENDORSED LETTER addressed to Judge Lewis A. Kaplan from Howard S. Zelbo dated 3/15/0 re: Having considered defendants letter of 3/16/2006, leave to amend is granted without prejudice to any position defendants may have as to its merits or the matters raised in this letter. Defendants shall make any motion with respect to, or answer, the third amended complaint on or before 3/31/2006. (Signed by Judge Lewis A. Kaplan on 3/17/2006) (kco, ) (Entered: 03/21/2006)
2006-03-21 264 0 LETTER addressed to Judge Kaplan from Philip C. Korologos dated 3/16/06 re: counsel requets an opportunity to review the many issues raised by papers (Letters to the Court of March 15, 2005,...) and to determine whether they wish to file a response. Document filed by Opportunity Equity Partners Ltd., Daniel Valente Dantas.(djc, ) (Entered: 03/21/2006)
2006-03-22 265 0 RESPONSE TO ORDER TO SHOW CAUSE re: 256 Order to Show Cause,. Document filed by Opportunity Equity Partners Ltd.. (Korologos, Philip) (Entered: 03/22/2006)
2006-03-22 266 0 DECLARATION of George F. Carpinello re: 256 Order to Show Cause,. Document filed by Opportunity Equity Partners Ltd.. (Attachments: # 1 Exhibit A to Carpinello Declaration)(Korologos, Philip) (Entered: 03/22/2006)
2006-03-22 267 0 DECLARATION of David Keightly Rideal Oliver, QC in Opposition re: 256 Order to Show Cause,. Document filed by Opportunity Equity Partners Ltd.. (Attachments: # 1 Appendix A to Oliver Declaration# 2 Appendix B to Oliver Declaration)(Korologos, Philip) (Entered: 03/22/2006)
2006-03-22 268 0 DECLARATION of Veronica Dantas - Filed Under Seal Pursuant to the September 6, 2005 Stipulation and Consent Order in Opposition re: 256 Order to Show Cause,. Document filed by Opportunity Equity Partners Ltd.. (Korologos, Philip) (Entered: 03/22/2006)
2006-03-22 269 0 DECLARATION of Candido de Oliveira Bisneto - Filed Under Seal Pursuant to the September 6, 2005 Stipulation and Consent Order - in Opposition re: 256 Order to Show Cause,. Document filed by Opportunity Equity Partners Ltd.. (Korologos, Philip) (Entered: 03/22/2006)
2006-03-22 270 0 BRIEF Memorandum of Law in Support of Defendants' Emergency Motion to Modify the Temporary Restraining Order Entered on March 16, 2006. Document filed by Opportunity Equity Partners Ltd..(Korologos, Philip) (Entered: 03/22/2006)
2006-03-22 271 0 DECLARATION of Julio Barreto in Support re: 270 Brief. Document filed by Opportunity Equity Partners Ltd.. (Korologos, Philip) (Entered: 03/22/2006)
2006-03-23 273 0 DECLARATION of Veronica Dantas - Redacted in Opposition re: 256 Order to Show Cause,. Document filed by Opportunity Equity Partners Ltd.. (Attachments: # 1 Exhibit A-H to Redacted Dantas Dec.# 2 Exhibit I-K to Redacted Dantas Dec.# 3 Exhibit L-M to Redacted Dantas Dec.# 4 Exhibit N-X to Redacted Dantas Dec.# 5 Exhibit Y to Redacted Dantas Dec.# 6 Exhibit Z to Redacted Dantas Dec - Part 1# 7 Exhibit Z to Redacted Dantas Dec - Part 2# 8 Exhibit Z to Redacted Dantas Dec - Part 3)(Korologos, Philip) (Entered: 03/23/2006)
2006-03-23 274 0 MOTION for Reconsideration re; 255 Order,,. Document filed by Opportunity Equity Partners Ltd.. (Korologos, Philip) (Entered: 03/23/2006)
2006-03-23 275 0 MEMORANDUM OF LAW in Support re: 274 MOTION for Reconsideration re; 255 Order,,.. Document filed by Opportunity Equity Partners Ltd.. (Korologos, Philip) (Entered: 03/23/2006)
2006-03-24 276 0 CERTIFICATE OF SERVICE of Defendants' Memorandum of Law in Opposition to Plaintiffs' Motion for a Preliminary Injunction, the Declaration of Veronica Dantas in Opposition to Plaintiffs' Motion for a Preliminary Injunction and in Support of Defendants' Emergency Motion to Modify the March 16, 2006 Temporary Restraining Order and attached exhibits, the Declaration of Candido de Oliveira Bisneto and attached exhibits, the Declaration of David Keightley Rideal Oliver Q.C. and attached exhibits, the Declaration of George F. Carpinello and attached exhibit, Memorandum of Law in Support of Defendant's Emergency Motion to Modify the Temporary Restraining Order Entered on March 16, 2006, Order to Show Cause and the Declaration of Julio Barreto served on Howard Zelbo, Esq. and Carmine D. Boccuzzi, Esq. on March 22, 2005. Document filed by Opportunity Equity Partners Ltd., Daniel Valente Dantas. (Vickery, Howard) (Entered: 03/24/2006)
2006-03-24 277 0 CERTIFICATE OF SERVICE of Redacted version of the Declaration of Veronica Dantas in Opposition to Plaintiffs' Motion for a Preliminary Injunction and in Support of Defendants' Emergency Motion to Modify the March 16, 2006 Temporary Restraining Order served on Howard Zelbo, Esq. and Carmine D. Boccuzzi, Esq. on March 23, 2006. Document filed by Opportunity Equity Partners Ltd., Daniel Valente Dantas. (Vickery, Howard) (Entered: 03/24/2006)
2006-03-24 278 0 CERTIFICATE OF SERVICE of Notice of Motion for Reconsideration of the Court's March 9, 2006 Order Denying Leave to Add Proposed Seventh Counterclaim and Defendant Opportunity Ltd.'s Memorandum of Law in Support of its Motion for Reconsideration of the Court's March 9, 2006 Order Denying Leave to Add Proposed Seventh Counterclaim served on Howard Zelbo, Esq. and Carmine Boccuzzi, Esq. on March 23, 2006. Document filed by Opportunity Equity Partners Ltd., Daniel Valente Dantas. (Vickery, Howard) (Entered: 03/24/2006)
2006-03-24 279 0 DECLARATION of Aren Goldsmith in Support re: 256 Order to Show Cause,. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Kim Declaration# 5 Kim Declaration Exhibit A# 6 Caldeira Declaration# 7 Miranda Declaration# 8 Brougham Declaration)(Zelbo, Howard) (Entered: 03/24/2006)
2006-03-24 280 0 REPLY MEMORANDUM OF LAW in Support re: 256 Order to Show Cause, Dated March 24, 2006. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Zelbo, Howard) (Entered: 03/24/2006)
2006-03-24 281 0 ENDORSED LETTER addressed to Judge Kaplan from Howard S. Zelbo dated 3/23/06 re: counsel requests that they be permitted until 4:00 p.m. on Friday March 24 to file reply papers. Granted. (Signed by Judge Lewis A. Kaplan on 3/23/06) (djc, ) (Entered: 03/24/2006)
2006-03-24 282 0 ENDORSED LETTER addressed to Judge Kaplan from George F. Carpinello dated 3/24/06 re: counsel requests that the Court grant Defendants until Monday, March 27 at 12:00 noon to file and serve Reply Brief. Granted. (Signed by Judge Lewis A. Kaplan on 3/24/06) (djc, ) (Entered: 03/24/2006)
2006-03-27 283 0 REPLY MEMORANDUM OF LAW in Support re: 199 MOTION to Vacate Portions of the March 17, June 2 and June 7 Preliminary Injunctions.. Document filed by Opportunity Equity Partners Ltd.. (Korologos, Philip) (Entered: 03/27/2006)
2006-03-27 284 0 DECLARATION of Danielle Silbergleid Ninio in Support re: 199 MOTION to Vacate Portions of the March 17, June 2 and June 7 Preliminary Injunctions.. Document filed by Opportunity Equity Partners Ltd.. (Attachments: # 1 Exhibit A, Part 1 to Silbergleid Dec# 2 Exhibit A, Part 2 to Silbergleid Dec# 3 Exhibit B, Part 1 to Silbergleid Dec# 4 Exhibit B, Part 2 to Silbergleid Dec# 5 Exhibit C-D to Silbergleid Dec)(Korologos, Philip) (Entered: 03/27/2006)
2006-03-27 285 0 DECLARATION of George F. Carpinello - Filed Under Seal Pursuant to the September 6, 2005 Stipulation and Order in Support re: 199 MOTION to Vacate Portions of the March 17, June 2 and June 7 Preliminary Injunctions.. Document filed by Opportunity Equity Partners Ltd.. (Korologos, Philip) (Entered: 03/27/2006)
2006-03-27 286 0 CERTIFICATE OF SERVICE. Document filed by Opportunity Equity Partners Ltd.. (Korologos, Philip) (Entered: 03/27/2006)
2006-03-27 288 0 STIPULATION AND ORDER that pending further order by this court, defts, and all those persons in active concert or participation with them, are permitted to comply with any deadlines inthe litigation pending in Brazil, as further set forth in this document. (Signed by Judge Lewis A. Kaplan on 3/27/06) (cd, ) (Entered: 03/27/2006)
2006-03-27 289 0 CLERK CERTIFICATE OF MAILING of Summons & Complaint at the following address: Opportunity Prime Investment Services Ltd. Craigmur Chambers, P.O. Box 71, Road Town, Tortola, BVI on 3/27/2006 by Registered Mail # RB 632 259 645 US. (jmi, ) (Entered: 03/28/2006)
2006-03-27 290 0 CLERK CERTIFICATE OF MAILING of Summons & Complaint at the following address: Opportunity Fund P.O. Box 852GT, UBS House 227, Elgin Avenue, Grand Cayman, Cayman Islands, British West Indies on 3/27/2006 by Registered Mail # RB 632 259 637 US. (jmi, ) Additional attachment(s) added on 5/15/2006 (tro, ). (Entered: 03/28/2006)
2006-03-28 291 0 AFFIDAVIT OF SERVICE of Summons in a Civil Case, Third Amended Complaint, Judge's Communications, Conferences, and Motion Rules, Procedures for Electronic Case Filing, Third Amended Instructions for Filing an Electronic Case or Appeal, Guidelines for Electronic Case Filing, and Standing Order served on Dorio Ferman on March 23, 2006. Service was accepted by Sattie Jairam, Process Specialist at CT Corporation. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Boccuzzi, Carmine) (Entered: 03/28/2006)
2006-03-28 292 0 AFFIDAVIT OF SERVICE of Summons in a Civil Case, Third Amended Complaint, Judge's Communications, Conferences, and Motion Rules, Procedures for Electronic Case Filing, Third Amended Instructions for Filing an Electronic Case or Appeal, Guidelines for Electronic Case Filing, and Standing Order served on Arthur Joaquim de Carvalho on March 23, 2006. Service was accepted by Sattie Jairam, Process Specialist at CT Corporation. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Boccuzzi, Carmine) (Entered: 03/28/2006)
2006-03-28 293 0 AFFIDAVIT OF SERVICE of Summons in a Civil Case, Third Amended Complaint, Judge's Communications, Conferences, and Motion Rules, Procedures for Electronic Case Filing, Third Amended Instructions for Filing an Electronic Case or Appeal, Guidelines for Electronic Case Filing, and Standing Order served on Banco Opportunity S.A. on March 23, 2006. Service was accepted by Sattie Jairam, Process Specialist at CT Corporation. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Boccuzzi, Carmine) (Entered: 03/28/2006)
2006-03-29 294 0 ORDER; as stated in open court this date, the temporary restraining order entered herein on 3/16/2006, as modified, is hereby extending to and including 4/13/2006. (Signed by Judge Lewis A. Kaplan on 3/28/06) (kco, ) (Entered: 03/29/2006)
2006-03-29 295 0 FILING ERROR - DEFICIENT DOCKET ENTRY - (WRONG DATE ENTERED) - CERTIFICATE OF SERVICE of Reply Memorandum of Law in Support of Motion for a Preliminary Injunction, dated March 24, 2006 and the Declaration of Aren Goldsmith, dated March 24, 2006 with Exhibits A through C, the Kim Declaration, the Caldeira Declaration, the Miranda Declaration and the Brougham Declaration (Re: Docs #256,#279,#280) served on Howard Vickery, Esq. on March 28, 2006. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Zelbo, Howard) Modified on 3/31/2006 (gf, ). (Entered: 03/29/2006)
2006-03-30 296 0 CERTIFICATE OF SERVICE of Reply Memorandum of Law in Support of Motion for a Preliminary Injunction, dated March 24, 2006 and the Declaration of Aren Goldsmith, dated March 24, 2006 with Exhibits A through C, the Kim Declaration, the Caldeira Declaration, the Miranda Declaration and the Brougham Declaration (Re: Docs #256, #279, #280) served on Howard Vickery, Esq. on March 24, 2006. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Zelbo, Howard) (Entered: 03/30/2006)
2006-03-30 297 0 TRANSCRIPT of proceedings held on 3/16/06 @ 11:15 AM before Judge Lewis A. Kaplan. (kco, ) (Entered: 03/30/2006)
2006-03-31 298 0 ENDORSED LETTER addressed to Judge Lewis A. Kaplan dated 3/29/06 re: Counsel writes to request that the newly added defendants Arthur Carvalho, Opportunity Fund and Opportunity Prime Investment Services, Lts until 4/21/06 to answer third amended complaint. Granted. So Ordered. (Signed by Judge Lewis A. Kaplan on 3/30/06) (jco, ) Modified on 3/31/2006 (jco, ). (Entered: 03/31/2006)
2006-03-23 299 0 THIRD AMENDED COMPLAINT amending 223 Amended Complaint, against Banco Opportunity S.A., Dorio Ferman, Arthur Joaquim De Carvalho, Opportunity Fund, Opportunity Prime Investment Services, Ltd, Opportunity Equity Partners Ltd., Daniel Valente Dantas.Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. Related document: 223 Amended Complaint, filed by International Equity Investments, Inc.,, Citigroup Venture Capital Int'l Brazil, LLC,. (Attachments: # 1)(djc, ) Modified on 3/31/2006 (djc, ). (Entered: 03/31/2006)
2006-04-05 300 0 STIPULATION AND ORDER, Set Deadlines/Hearing as to 274 MOTION for Reconsideration re; 255 Order: Plaintiffs' Responses due by 4/14/2006; Replies due by 4/28/2006. (Signed by Judge Lewis A. Kaplan on 4/5/06) (sac, ) (Entered: 04/05/2006)
2006-04-11 301 0 NOTICE OF APPEARANCE by Marc Laurence Greenwald on behalf of Banco Opportunity S.A., Dorio Ferman (Greenwald, Marc) (Entered: 04/11/2006)
2006-04-13 302 0 ORDER: The temporary restraining order entered herein on Marc 16, 2006 and extended to and including today is further extended, upon defendants consent, to and including April 20, 2006. (Signed by Judge Lewis A. Kaplan on 4/13/06) (js, ) (Entered: 04/13/2006)
2006-04-13 303 0 LETTER addressed to Judge Lewis A. Kaplan from George F. Carpinello dated 4/13/06 re: consent to one week extension until 4/20/06 of the Temporary Restraining Order. (db, ) (Entered: 04/14/2006)
2006-04-14 304 0 MEMORANDUM OF LAW in Opposition re: 274 MOTION for Reconsideration re; 255 Order,,. Memorandum of Law in Opposition to Defendants' Motion for Reconsideration of the Court's March 9, 2006 Order Denying Leave to add Proposed Seventh Counterclaim, Dated April 14, 2006.. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Zelbo, Howard) (Entered: 04/14/2006)
2006-04-18 305 0 TRANSCRIPT of proceedings held on 3/16/2006 before Judge Lewis A. Kaplan. (jar, ) (Entered: 04/18/2006)
2006-04-18 306 0 ORDER: defendants' motion for reconsideration (docket item 274) is denied. Even if reconsideration had been granted, the Court would have reached the same result. (Signed by Judge Lewis A. Kaplan on 4/17/06) (js, ) (Entered: 04/18/2006)
2006-04-18 307 0 STIPULATION AND ORDER the time for Ferman and Banco Opportunity to answer third amended complaint be extended to 5/12/06. So Ordered. (Signed by Judge Lewis A. Kaplan on 4/18/06) (jco, ) (Entered: 04/19/2006)
2006-04-19 308 0 TRANSCRIPT of proceedings held on 3/28/06 before Judge Lewis A. Kaplan. (lma, ) (Entered: 04/19/2006)
2006-04-19 309 0 NOTICE OF APPEARANCE by Emily Barrett Costello on behalf of Banco Opportunity S.A., Dorio Ferman (Costello, Emily) (Entered: 04/19/2006)
2006-04-20 310 0 TRANSCRIPT of proceedings held on 4/13/2006 before Judge Lewis A. Kaplan. (jar, ) (Entered: 04/20/2006)
2006-04-20 311 0 MEMORANDUM AND OPINION: Defendants' motion to modify the March 17,68 June 2,69 and June 770 Injunctions[docket item 199] is denied. Plaintiffs' motion for a preliminary injunction [docket item 256] isgranted. The final form of that injunction, however, remains to be determined.At the outset of the current proceedings, the Court granted plaintiffs' application fora temporary restraining order barring defendants from enforcing or otherwise giving effect to any 2371The temporary restraining order expires later today.72This is the formal title of the Umbrella Agreement.provision of the Umbrella Agreement or taking any action in furtherance thereof. 71 Plaintiffs seeka preliminary injunction in the same terms, but the parties did not address the form of relief in theevent the Court were to determine that relief is appropriate.The Court has determined that plaintiffs are likely to prevail on their claim that theuse by defendants of the Umbrella Agreement or any of its provisions to attempt to regain influenceor control over Zain, the holding companies, or Brasil Telecom would breach their fiduciary duties.It perhaps is arguable that the terms of the preliminary injunction are broader than warranted by thisconclusion. The Court therefore converts the temporary restraining order into a preliminaryinjunction with the understanding that it will consider a more enduring form of order after giving theparties an opportunity to be heard.Accordingly, defendants, their officers, agents, servants, employees, and attorneys,and those persons in active concert or participation with them who receive actual notice of this orderby personal service or otherwise, be and hereby are enjoined and restrained, pending the finaldetermination of this action, from enforcing or otherwise giving effect to any provision of the Amendment to the Amended and Restated Shareholders' Agreement dated as of September 12,200372 or taking any action in furtherance thereof. The parties shall submit any proposed alternativeforms of order no later than April 27, 2006 and shall respond to their respective submissions no laterthan May 2, 2006. The foregoing shall constitute the Court's findings of fact and conclusions of law. (Signed by Judge Lewis A. Kaplan on 4/20/2006) (lb, ) (Entered: 04/20/2006)
2006-04-25 312 0 LETTER addressed to Judge Lewis A. Kaplan from Howard S. Zelbo dated 4/11/06 re: Counsel writes to update the Court on a recent development in Brazil and also to respond briefly to defendants' letter of 4/5/06 purporting to make a proposal to resolve plaintiffs' pending motion for a preliminary injunction with respect to the so-called Umbrella Agreement. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.(jco, ) (Entered: 04/26/2006)
2006-04-25 313 0 LETTER addressed to Judge Lewis A. Kaplan from Philip C. Korologos dated 4/12/06 re: Counsel writes to request that the Court rule on the pending preliminary injunction motion as promptly as possible. Document filed by Opportunity Equity Partners Ltd.(jco, ) (Entered: 04/26/2006)
2006-04-25 314 0 LETTER addressed to Judge Lewis A. Kaplan from Howard S. Zelbo dated 4/12/06 re: Counsel writes in response to Mr. Korologos' letter of 4/12/06. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.(jco, ) (Entered: 04/26/2006)
2006-04-25 315 0 LETTER addressed to Judge Lewis A. Kaplan from Philip C. Korologos dated 4/13/06 re: Counsel writes in response to Mr. Zelbo's April 12 letter.Document filed by Opportunity Equity Partners Ltd., Daniel Valente Dantas.(jco, ) (Entered: 04/26/2006)
2006-04-26 316 0 LETTER addressed to Judge Lewis A. Kaplan from Howard S. Zelbo dated 4/18/06 re: Counsel writes to provide the Court with a copy of the decision (Ex. A, attached) issued on 4/11/06 by the 8th Civil Circuit of the State of Rio de Janeiro on the appeal of Opportunity Equity Partners Ltd. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.(jco, ) (Entered: 04/26/2006)
2006-04-25 317 0 LETTER addressed to Judge Lewis A. Kaplan from Philip C. Korologos dated 4/18/06 re: Counsel writes in response to Mr. Zelbo's letter of yesterday. Document filed by Opportunity Equity Partners Ltd. ( jco, ) Modified on 4/26/2006 (jco, ). (Entered: 04/26/2006)
2006-04-25 318 0 LETTER addressed to Judge Lewis A. Kaplan from Philip C. Korologos dated 4/20/06 re: Counsel writes regarding Citibank's letter. Document filed by Opportunity Equity Partners Ltd., Daniel Valente Dantas.(jco, ) (Entered: 04/26/2006)
2006-04-25 319 0 LETTER addressed to Judge Lewis A. Kaplan from Howard S. Zelbo dated 4/20/06 re: Counsel writes to reply to defnedants' letter. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.(jco, ) (Entered: 04/26/2006)
2006-04-26 320 0 MEMORANDUM AND OPINION: the defendants' motion for a preliminary injunction, styled a motion to modify the April 20, 2006 preliminary injunction, is denied. The continuation of the April 20, 2006 injunction beyond 5 p.m. on May 3, 2006 is conditioned upon the posting by plaintiffs at or before that time of a bond in the amount of $5 million. (Signed by Judge Lewis A. Kaplan on 4-26-2006) (Menard, Elizabeth) (Entered: 04/26/2006)
2006-04-26 321 0 MEMORANDUM AND ORDER: For the reasons, the defendants' motion for a preliminary injunction, styled a motion to modify the April 20, 2006 preliminary injunction, is denied. The continuation of the April 20, 2006 injunction beyond 5 p.m. on May 3, 2006 is conditioned upon the posting by plaintiffs at or before that time of a bond in the amount of $5 million. (Signed by Judge Lewis A. Kaplan on 4/26/06) (js, ) (Entered: 04/27/2006)
2006-04-27 322 0 STIPULATION AND CONSENT ORDER; all defendants shall have up to and including 5/12/2006 to file and serve their response to the Third Amended Complaint. (Signed by Judge Lewis A. Kaplan on 4/26/06) (kco, ) (Entered: 04/27/2006)
2006-04-28 323 0 DECLARATION of Pedro Lanna Ribeiro in Support of defendant's motion to modify the preliminary injunction entered on 4/20/06. Document filed by Banco Opportunity S.A., Dorio Ferman, Arthur Joaquim De Carvalho, Opportunity Fund, Opportunity Prime Investment Services, Ltd, Opportunity Equity Partners Ltd., Daniel Valente Dantas. (jco, ) (Entered: 04/28/2006)
2006-04-28 324 0 CORRECTED MEMORANDUM AND ORDER: For the foregoing reasons, the defendants' motion for a preliminary injunction, styled a motion to modify the April 20, 2006 preliminary injunction, is denied. The continuation of the April 20, 2006 injunction beyond 5 p.m. on May 3, 2006 is conditioned upon the posting by plaintiffs at or before that time of a bond in the amount of $5 million. (Signed by Judge Lewis A. Kaplan on 4/26/06) (js, ) (Entered: 04/28/2006)
2006-04-28 325 0 NOTICE OF APPEAL from 321 Order,, 311 Memorandum & Opinion 320 Memorandum & Opinion,. Document filed by Opportunity Equity Partners Ltd., Daniel Valente Dantas. Filing fee $ 455.00, receipt number E 577867. (nd, ) (Entered: 05/01/2006)
2006-04-28 326 0 ORDER TO SHOW CAUSE and TEMPORARY RELIEF TO MODIFY THE 4/20/06, PRELIMINARY INJUNCTION by Banco Opportunity S.A., Dorio Ferman, Arthur Joaquim De Carvalho, Opportunity Fund, Opportunity Prime Investment Services, Ltd, Opportunity Equity Partners Ltd., Daniel Valente Dantas. (jco, ) (Entered: 05/01/2006)
2006-05-03 327 0 Preliminary Injunction BOND # KO-69-68-88-0 in the amount of $ 5,000,000.00 posted by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (ml, ) (Entered: 05/03/2006)
2006-04-28 328 0 MEMORANDUM OF LAW in Support of Motion to modify the 4/20/06 Preliminary Injunction. Document filed by Opportunity Equity Partners Ltd.. (sac, ) (Entered: 05/03/2006)
2006-04-28 329 0 DECLARATION of Arthur Joaquim de Carvalho in Support of Motion to modify the preliminary injunction entered on 4/20/06. Document filed by Opportunity Equity Partners Ltd.. (sac, ) (Entered: 05/03/2006)
2006-05-04 330 0 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION for Temporary Restraining Order / Proposed Order To Show Cause, Dated May 4, 2006. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc. (Zelbo, Howard) Modified on 5/5/2006 (kg). (Entered: 05/04/2006)
2006-05-04 331 0 AFFIDAVIT of Howard S. Zelbo in Support re: 330 MOTION for Temporary Restraining Order / Proposed Order To Show Cause, Dated May 4, 2006.. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Attachments: # 1 Exhibit A)(Zelbo, Howard) (Entered: 05/04/2006)
2006-05-04 332 0 MEMORANDUM OF LAW in Support re: 330 MOTION for Temporary Restraining Order / Proposed Order To Show Cause, Dated May 4, 2006. Memorandum Of Law In Support Of Plaintiffs' Motion For A Temporary Restraining Order And A Preliminary Injunction, Dated May 4, 2006. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Zelbo, Howard) (Entered: 05/04/2006)
2006-05-04 333 0 ORDER TO SHOW CAUSE by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.; for an order for a Temporarary Restraining Order; Show Cause Hearing set for 5/18/2006 10:00 AM before Judge Lewis A. Kaplan. (Signed by Judge Lewis A. Kaplan on 5/4/06) (pl, ) (Entered: 05/04/2006)
2006-05-05 334 0 CERTIFICATE OF SERVICE of Order to Show Cause, dated May 4, 2006 including the Zelbo Affidavit and Exhibit A and the Memorandum of Law in Support of Plaintiff's Motion for a Temporary Restraining Order and a Preliminary Injunction, dated May 4, 2006 served on Howard Vickery, Esq., George F. Carpinello, Esq., and Philip Korologos, Esq. of Boies, Schiller & Flexner LLP on May 4, 2006. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Zelbo, Howard) (Entered: 05/05/2006)
2006-05-09 335 0 TRO BOND # KO-69-68-89-2 in the amount of $ 5,000,000 posted by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Attachments: # 1) (ml, ) (Entered: 05/09/2006)
2006-05-09 336 0 TRANSCRIPT of proceedings held on April 26, 2006 at 2:15 p.m. before Judge Lewis A. Kaplan. (js, ) (Entered: 05/09/2006)
2006-05-09 337 0 TRANSCRIPT of proceedings held on May 4, 2006 before Judge Lewis A. Kaplan. (jw, ) (Entered: 05/09/2006)
2006-05-10 338 0 ORDER that the preliminary injunction entered April 20, 2006 shall remain in effect pending futher order of the court. Ao Ordered (Signed by Judge Lewis A. Kaplan on 5/10/06) (dle, ) (Entered: 05/10/2006)
2006-05-10 339 0 STIPULATION AND ORDER that dfts shall have up to and including 5/26/06 to file and serve their response to the third amended complaint. (Signed by Judge Lewis A. Kaplan on 5/10/06) (dle, ) (Entered: 05/10/2006)
2006-05-10 340 0 NOTICE OF CHANGE OF ADDRESS by Emily Barrett Costello on behalf of Banco Opportunity S.A., Dorio Ferman. New Address: Quinn Emanuel Urquhart Oliver & Hedges, LLP, 51 Madison Avenue, 22nd Floor, New York, NY, USA 10010, 212-849-7000. (Costello, Emily) (Entered: 05/10/2006)
2006-05-11 341 0 DECLARATION of George F. Carpinello in Opposition re: 333 Order to Show Cause,. Document filed by Opportunity Equity Partners Ltd.. (Attachments: # 1 Exhibit A to Carpinello Dec)(Korologos, Philip) (Entered: 05/11/2006)
2006-05-11 342 0 RESPONSE TO ORDER TO SHOW CAUSE re: 333 Order to Show Cause,. Document filed by Opportunity Equity Partners Ltd.. (Korologos, Philip) (Entered: 05/11/2006)
2006-05-11 343 0 DECLARATION of Pedro Oliveira Da Costa in Opposition re: 333 Order to Show Cause,. Document filed by Opportunity Equity Partners Ltd.. (Attachments: # 1 Exhibit A to Oliveira Dec# 2 Exhibit B-C to Oliveira Dec)(Korologos, Philip) (Entered: 05/11/2006)
2006-05-11 344 0 DECLARATION of Robert E. Wilson in Opposition re: 333 Order to Show Cause,. Document filed by Opportunity Equity Partners Ltd.. (Korologos, Philip) (Entered: 05/11/2006)
2006-05-11 345 0 DECLARATION of William John Helfrecht in Opposition re: 333 Order to Show Cause,. Document filed by Opportunity Equity Partners Ltd.. (Korologos, Philip) (Entered: 05/11/2006)
2006-05-11 346 0 DECLARATION of Daniel Valente Dantas - Filed Under Seal in Opposition re: 333 Order to Show Cause,. Document filed by Opportunity Equity Partners Ltd.. (Korologos, Philip) (Entered: 05/11/2006)
2006-05-11 347 0 DECLARATION of Arthur Joaquim De Carvalho - Filed Under Seal in Opposition re: 333 Order to Show Cause,. Document filed by Opportunity Equity Partners Ltd.. (Korologos, Philip) (Entered: 05/11/2006)
2006-05-11 348 0 CERTIFICATE OF SERVICE. Document filed by Opportunity Equity Partners Ltd.. (Korologos, Philip) (Entered: 05/11/2006)
2006-05-12 350 0 DECLARATION of Daniel Valente Dantas-REDACTED in Opposition re: 333 Order to Show Cause,. Document filed by Opportunity Equity Partners Ltd.. (Attachments: # 1 Exhibit A-B To Dantas Dec# 2 Exhibit C Part 1 To Dantas Dec# 3 Exhibit C Part 2 to Dantas Dec# 4 Exhibit D Part 1 to Dantas Dec# 5 Exhibit D Part 2 to Dantas Dec# 6 Exhibit E-X to Dantas Dec)(Korologos, Philip) (Entered: 05/12/2006)
2006-05-12 351 0 DECLARATION of Arthur Joaquim de Carvalho-REDACTED in Opposition re: 333 Order to Show Cause,. Document filed by Opportunity Equity Partners Ltd.. (Attachments: # 1 Exhibit A-B to Carvalho Dec# 2 Exhibit C Part 1 to Carvalho Dec# 3 Exhibit C Part 2 to Carvalho Dec# 4 Exhibit C Part 3 to Carvalho Dec# 5 Exhibit D-I to Carvalho Dec)(Korologos, Philip) (Entered: 05/12/2006)
2006-05-12 352 0 DECLARATION of Daniel Valente Dantas in Opposition re: 330 MOTION for Temporary Restraining Order / Proposed Order To Show Cause, Dated May 4, 2006.. Document filed by Daniel Valente Dantas. (Attachments: # 1 Exhibit Exhibit A-B to Dantas Declaration# 2 Exhibit Exhibit C part 1 to Dantas Declaration# 3 Exhibit Exhibit C part 2 to Dantas Declaration# 4 Exhibit Exhibit D part 1 to Dantas Declaration# 5 Exhibit Exhibit D part 2 to Dantas Declaration# 6 Exhibit Exhibit E-X to Dantas Declaration)(Brenner, Eric) (Entered: 05/12/2006)
2006-05-15 353 0 ENDORSED LETTER addressed to Judge Lewis A. Kaplan from Howard Zelbo dated 5/15/06 re: counsel for plaintiffs request permission to file a reply brief not to exceed 20 pages. Granted. (Signed by Judge Lewis A. Kaplan on 5/15/06) (dle, ) (Entered: 05/15/2006)
2006-05-16 355 0 REPLY MEMORANDUM OF LAW in Support re: 333 Order to Show Cause, [Reply Memorandum of Law in Support of Plaintiffs' Motion for a Temporary Restraining Order and a Preliminary Injunction, dated May 16, 2006]. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Zelbo, Howard) (Entered: 05/16/2006)
2006-05-16 356 0 DECLARATION of Jose Roberto Opice in Support re: 333 Order to Show Cause,. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Zelbo, Howard) (Entered: 05/16/2006)
2006-05-16 358 0 DECLARATION of Kevin Michael Altit in Support re: 333 Order to Show Cause,. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Attachments: # 1 Exhibit A)(Zelbo, Howard) (Entered: 05/16/2006)
2006-05-16 359 0 DECLARATION of Flavio Galdino in Support re: 333 Order to Show Cause,. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H)(Zelbo, Howard) (Entered: 05/16/2006)
2006-05-16 360 0 DECLARATION of Aren Goldsmith in Support re: 333 Order to Show Cause,. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H)(Zelbo, Howard) (Entered: 05/16/2006)
2006-05-16 361 0 DECLARATION of Paulo Caldeira in Support re: 333 Order to Show Cause,. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Zelbo, Howard) (Entered: 05/16/2006)
2006-05-16 362 0 DECLARATION of Christopher John Brougham, QC in Support re: 333 Order to Show Cause,. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Zelbo, Howard) (Entered: 05/16/2006)
2006-05-16 363 0 DECLARATION of Charles Lagana Putz in Support re: 333 Order to Show Cause,. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Zelbo, Howard) (Entered: 05/16/2006)
2006-05-16 364 0 DECLARATION of Carlos Alberto Alvaro De Oliveira in Support re: 333 Order to Show Cause,. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Attachments: # 1 Exhibit A)(Zelbo, Howard) (Entered: 05/16/2006)
2006-05-16 365 0 MOTION to Strike Document No. [346, 350, 352] /Notice of Motion to Strike Declaration of Daniel Valente Dantas, Dated May 16, 2006. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Boccuzzi, Carmine) (Entered: 05/16/2006)
2006-05-16 366 0 MEMORANDUM OF LAW in Support re: 365 MOTION to Strike Document No. [346, 350, 352] /Notice of Motion to Strike Declaration of Daniel Valente Dantas, Dated May 16, 2006. /Plaintiffs' Memorandum of Law in Support of Motion to Strike the Declaration of Daniel Valente Dantas, Dated May 16, 2006. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Boccuzzi, Carmine) (Entered: 05/16/2006)
2006-05-17 367 0 CERTIFICATE OF SERVICE of Declaration of Aren Goldsmith, Declaration of Carlos Alberto Alvaro de Oliveira, Supplemental Declaration of Flavio Galdino, Declaration of Paulo Caldeira in Support of Plaintiffs' Motion for a Preliminary Injunction, Declaration of Jose Roberto Opice, Declaration of Charles Lagana Putz, Declaration of Kevin Michael Altit in Support of Plaintiffs' Application for a Preliminary Injunction, Declaration of Christopher John Brougham, QC, and Reply Memorandum of Law in Support of Plaintiffs' Motion for a Temporary Restraining Order and a Preliminary Injuction served on Philip Korologos, Howard L. Vickery, and Eric Brenner of Boies, Schiller & Flexner LLP on May 16, 2006. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Zelbo, Howard) (Entered: 05/17/2006)
2006-05-17 368 0 CERTIFICATE OF SERVICE of Notice of Motion to Strike Declaration of Daniel Valente Dantas and Plaintiffs' Memorandum of Law in Support of Motion to Strike the Declaration of Daniel Valente Dantas served on Philip Korologos, Howard L. Vickery, Eric Brenner of Boies, Schiller & Flexner LLP and George F. Carpinello of Boies, Schiller & Flexner LLP on May 16, 2006. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Boccuzzi, Carmine) (Entered: 05/17/2006)
2006-05-17 369 0 MEMORANDUM OF LAW in Opposition re: 365 MOTION to Strike Document No. [346, 350, 352] /Notice of Motion to Strike Declaration of Daniel Valente Dantas, Dated May 16, 2006.. Document filed by Opportunity Equity Partners Ltd.. (Korologos, Philip) (Entered: 05/17/2006)
2006-05-17 370 0 DECLARATION of Supplemental Declaration of George F. Carpinello in Opposition re: 333 Order to Show Cause,. Document filed by Opportunity Equity Partners Ltd.. (Attachments: # 1 Exhibit A-B to Supplemental Carpinello Dec)(Korologos, Philip) (Entered: 05/17/2006)
2006-05-17 371 0 DECLARATION of Supplemental Declaration of Arthur Joaquim De Carvalho-Filed Under Seal in Opposition re: 333 Order to Show Cause,. Document filed by Opportunity Equity Partners Ltd.. (Korologos, Philip) (Entered: 05/17/2006)
2006-05-18 372 0 ORDER; the Temporary restraining order entered herein on May 4, 2006 is extended for an additional 10 days which, in view of the intervention of the Memorial Day holdiday, is to and including June 2, 2006. See FRCP 6(a). (Signed by Judge Lewis A. Kaplan on 5/18/06) (djc, ) (Entered: 05/18/2006)
2006-05-19 373 0 TRANSCRIPT of proceedings held on 5/18/06 before Judge Lewis A. Kaplan. (tro, ) (Entered: 05/19/2006)
2006-05-22 376 0 DECLARATION of Kevin Michael Altit (Corrected), Dated May 22, 2006, in Support re: 333 Order to Show Cause,. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Attachments: # 1 Exhibit A)(Zelbo, Howard) (Entered: 05/22/2006)
2006-05-23 377 0 CERTIFICATE OF SERVICE of Corrected Declaration of Kevin Michael Altit in Support of Plaintiffs' Application for a Preliminary Injuction, dated May 22, 2006 served on Howard Vickery, Esq., George F. Carpinello, Esq., Philip Korologos, Esq. of Boies Schiller & Flexner LLP on May 22, 2006. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Zelbo, Howard) (Entered: 05/23/2006)
2006-05-23 378 0 ORDER: The temporary restraining order entered herein on 5/4/2006 and extended to and including 6/2/2006 is hereby further extended to and including 6/9/2006 upon the consent of the defendants as set forth in their letter dated 5/22/2006. (Signed by Judge Lewis A. Kaplan on 5/23/2006) (lb, ) (Entered: 05/24/2006)
2006-05-23 379 0 LETTER addressed to Judge Kaplan from Philip Korologos dated 5/22/06: extension of the TRO beyond 6/2/06. Document filed by Opportunity Equity Partners Ltd., Daniel Valente Dantas.(cd, ) (Entered: 05/25/2006)
2006-05-26 380 0 STIPULATION AND CONSENT ORDER all parties have agreed that defendants shall have up to and including 6/9/06 to file and serve their response to the Third Amended Complaint. So Ordered. (Signed by Judge Lewis A. Kaplan on 5/26/06) (jco, ) (Entered: 05/26/2006)
2006-06-07 383 0 NOTICE OF APPEAL from 338 Order. Document filed by Opportunity Equity Partners Ltd., Daniel Valente Dantas. Filing fee $ 455.00, receipt number E 581030. (nd, ) (Entered: 06/07/2006)
2006-06-08 384 0 ORDER: On consent expressed on the record this date, the temporary restraining order entered herein on May 4, 2006 to and extended to and including June 9, 2006 is hereby further extended to and including 11:59 p.m. on the earlier of July 10, 2006 and the fifth business day following the date of filing by the defendants of a notices stating that they do not consent to further extension of the restraining order. (Signed by Judge Lewis A. Kaplan on 6/8/06) (js, ) (Entered: 06/09/2006)
2006-06-09 385 0 MOTION to Dismiss the Third Amended Complaint. Document filed by Opportunity Fund. Responses due by 6/23/2006 (Korologos, Philip) (Entered: 06/09/2006)
2006-06-09 386 0 MEMORANDUM OF LAW in Support re: 385 MOTION to Dismiss the Third Amended Complaint.. Document filed by Opportunity Fund. (Korologos, Philip) (Entered: 06/09/2006)
2006-06-09 387 0 DECLARATION of Veronica Dantas in Support re: 385 MOTION to Dismiss the Third Amended Complaint.. Document filed by Opportunity Fund. (Korologos, Philip) (Entered: 06/09/2006)
2006-06-09 388 0 DECLARATION of Arthur Joaquim De Carvalho in Support re: 385 MOTION to Dismiss the Third Amended Complaint.. Document filed by Opportunity Fund. (Korologos, Philip) (Entered: 06/09/2006)
2006-06-09 389 0 DECLARATION of Lord Neill of Bladen QC in Support re: 385 MOTION to Dismiss the Third Amended Complaint.. Document filed by Opportunity Fund. (Korologos, Philip) (Entered: 06/09/2006)
2006-06-09 390 0 DECLARATION of William James Tyre Bagnall in Support re: 385 MOTION to Dismiss the Third Amended Complaint.. Document filed by Opportunity Fund. (Korologos, Philip) (Entered: 06/09/2006)
2006-06-09 391 0 DECLARATION of Sergio Sardenberg in Support re: 385 MOTION to Dismiss the Third Amended Complaint.. Document filed by Opportunity Fund. (Attachments: # 1 Exhibit 1-7 to Sardenberg Dec)(Korologos, Philip) (Entered: 06/09/2006)
2006-06-09 392 0 CERTIFICATE OF SERVICE. Document filed by Opportunity Fund. (Korologos, Philip) (Entered: 06/09/2006)
2006-06-09 393 0 RULE 7.1 DISCLOSURE STATEMENT. Document filed by Banco Opportunity S.A..(Costello, Emily) (Entered: 06/09/2006)
2006-06-09 394 0 MOTION to Dismiss Plaintiffs' Third Amended Complaint. Document filed by Banco Opportunity S.A., Dorio Ferman. (Costello, Emily) (Entered: 06/09/2006)
2006-06-09 395 0 MEMORANDUM OF LAW in Support re: 394 MOTION to Dismiss Plaintiffs' Third Amended Complaint.. Document filed by Banco Opportunity S.A., Dorio Ferman. (Costello, Emily) (Entered: 06/09/2006)
2006-06-09 396 0 DECLARATION of Dorio Ferman in Support re: 394 MOTION to Dismiss Plaintiffs' Third Amended Complaint.. Document filed by Banco Opportunity S.A., Dorio Ferman. (Costello, Emily) (Entered: 06/09/2006)
2006-06-09 397 0 DECLARATION of Jose Alexandre Tavares Guerreiro in Support re: 394 MOTION to Dismiss Plaintiffs' Third Amended Complaint.. Document filed by Banco Opportunity S.A., Dorio Ferman. (Costello, Emily) (Entered: 06/09/2006)
2006-06-09 398 0 DECLARATION of Marc L. Greenwald in Support re: 394 MOTION to Dismiss Plaintiffs' Third Amended Complaint.. Document filed by Banco Opportunity S.A., Dorio Ferman. (Attachments: # 1 Exhibit A (Part 1)# 2 Exhibit A (Part 2)# 3 Exhibit A (Part 3)# 4 Exhibit A (Part 4)# 5 Exhibit A (Part 5)# 6 Exhibit B)(Costello, Emily) (Entered: 06/09/2006)
2006-06-09 399 0 ANSWER to Amended Complaint. Document filed by Opportunity Equity Partners Ltd.. Related document: 299 Amended Complaint,, filed by International Equity Investments, Inc.,, Citigroup Venture Capital Int'l Brazil, LLC,.(Korologos, Philip) (Entered: 06/09/2006)
2006-06-09 400 0 CERTIFICATE OF SERVICE. Document filed by Opportunity Equity Partners Ltd.. (Korologos, Philip) (Entered: 06/09/2006)
2006-06-14 401 0 TRANSCRIPT of proceedings held on 6/8/06 before Judge Lewis A. Kaplan. (tro, ) (Entered: 06/14/2006)
2006-06-14 402 0 TRANSCRIPT of proceedings held on 6/8/06 before Judge Lewis A. Kaplan. (tro, ) (Entered: 06/14/2006)
2006-06-14 403 0 CERTIFICATE OF SERVICE. Document filed by Banco Opportunity S.A., Dorio Ferman. (Costello, Emily) (Entered: 06/14/2006)
2006-06-28 404 0 STIPULATION AND ORDER: The Clerk of the Court is directed to file, docket, and enter in the public record in this action the documents annexed hereto as Exhibit A-P and T-AA, all of which were submitted to District Judge Lewis A. Kaplan. The Clerk of the Court is directed to file, docket, and enter in the sealed record in this action the documents annexed hereto as Exhibit Q, R, and S all of which were submitted to District Judge Lewis A. Kaplan. (Signed by Judge Lewis A. Kaplan on 6/27/2006) (lb, ) (Entered: 06/29/2006)
2006-06-28 405 0 STIPULATION AND ORDER: Plaintiffs shall have up to and including 7/28/2006 to file and serve their opposition to the moving defendants' motions to dismiss. Reply papers, if any, shall be filed and served by 8/11/2006. (Signed by Judge Lewis A. Kaplan on 6/27/2006) (lb, ) (Entered: 06/29/2006)
2006-06-29 406 0 DECLARATION of Daniel Hibshoosh re: 404 Stipulation and Order,,. Document filed by Opportunity Equity Partners Ltd., Daniel Valente Dantas. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I)(Korologos, Philip) (Entered: 06/29/2006)
2006-06-29 407 0 DECLARATION of Daniel Hibshoosh re: 404 Stipulation and Order,,. Document filed by Opportunity Equity Partners Ltd., Daniel Valente Dantas. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K)(Korologos, Philip) (Entered: 06/29/2006)
2006-06-29 408 0 DECLARATION of Daniel Hibshoosh re: 404 Stipulation and Order,, dated June 1, 2005. Document filed by Opportunity Equity Partners Ltd., Daniel Valente Dantas. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(Korologos, Philip) (Entered: 06/29/2006)
2006-06-30 409 0 TRUE COPY ORDER of USCA REACTIVATING APPEALS as to 112 Notice of Interlocutory Appeal filed by Daniel Valente Dantas, Opportunity Equity Partners Ltd., 147 Notice of Interlocutory Appeal filed by Daniel Valente Dantas, Opportunity Equity Partners Ltd., USCA Case Number 05-2862-cv(L); 05-4952(CON). The parites jointly request, and the Court so ordered, that the Clerk of the Court correct the erroneous dismissal of the above-captioned appeal with Docket Number 05-4952-cv, the above-captioned appeals shall be reactivated, Plaintiffs have reserved all arguments concerning the effectiveness of said reactivation or the appealability of any order appealed from, provided, however, that Defendants will not be deemed to have waived any rights by stipulating to the above-captioned appeals being temporarily withdrawn from active consideration and the prior withdrawl of the above-captioned appeals for active consideration shall not operate as a dismissal of said appeals under FRAP 42(b). Roseann B. MacKechnie, Clerk USCA. Certified: 6/23/06. (tp, ) Additional attachment(s) added on 7/10/2006 (nd, ). (Entered: 07/05/2006)
2006-06-30 410 0 ORDER of USCA (Certified Copy) as to 147 Notice of Interlocutory Appeal filed by Daniel Valente Dantas, Opportunity Equity Partners Ltd., USCA Case Number 05-2862-cv(L); 05-4952(CON). IT IS HEREBY ORDERED that appeal number 05-4952-cv is reinstated, and is consolidated for purposes of appeal with appeal number 05-2862-cv. Roseann B. MacKechnie, Clerk USCA. Certified: 6/22/06. (tp, ) Additional attachment(s) added on 7/10/2006 (nd, ). (Entered: 07/05/2006)
2006-07-07 411 0 ORDER; the depositions are to proceed on dates in August or September that are mutually acceptable to counsel or, in default of agreement, selected by the Court. The Court expects counsel to resolve such problems among themselves. (Signed by Judge Lewis A. Kaplan on 7/69/06) (kco, ) (Entered: 07/10/2006)
2006-07-10 413 0 NOTICE of Filing pursuant to the Stipulation and Order so ordered by Honorable Lewis A. Kaplan on June 27, 2006 re: 404 Stipulation and Order,,. Document filed by Opportunity Equity Partners Ltd., Daniel Valente Dantas. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L# 13 Exhibit M# 14 Exhibit N# 15 Exhibit O# 16 Exhibit P# 17 Exhibit Q# 18 Exhibit R# 19 Exhibit S# 20 Exhibit T)(Korologos, Philip) (Entered: 07/10/2006)
2006-07-10 414 0 NOTICE of Filing pursuant to Stipulation and Order so ordered by Honorable Lewis A. kaplan on June 27, 2006 re: 404 Stipulation and Order,,. Document filed by Opportunity Equity Partners Ltd., Daniel Valente Dantas. (Attachments: # 1 Exhibit A - Part 1# 2 Exhibit A - Part 2# 3 Exhibit A - Part 3# 4 Exhibit A - Part 4)(Korologos, Philip) (Entered: 07/10/2006)
2006-07-10 415 0 NOTICE of Filing pursuant to Stipulation and Order so ordered by Honorable Lewis A. Kaplan on June 27, 2006 re: 404 Stipulation and Order,,. Document filed by Opportunity Equity Partners Ltd., Daniel Valente Dantas. (Attachments: # 1 Exhibit A - Part 1# 2 Exhibit A - Part 2# 3 Exhibit A - Part 3# 4 Exhibit A - Part 4# 5 Exhibit A - Part 5)(Korologos, Philip) (Entered: 07/10/2006)
2006-07-11 416 0 STIPULATION AND CONSENT ORDER, the temporary restraining order entered by this Court on May 4, 2006, and extended to and including June 9, 2006, and further extended by order dated June 8, 2006, is hereby further extended to and including 11:59 p.m. on the earlier of (a) July 30, 2006 and (b) the fifth business day following the date of the defendants of notice stating that they do not consent to further extension of the restraining order. (Signed by Judge Lewis A. Kaplan on 7/7/2006) (jmi, ) (Entered: 07/12/2006)
2006-07-21 418 0 ORDER that parties are ordered to submit to non binding mediation purs. to the terms of the Mediation Agreement dated 7/11/06. (Signed by Judge Lewis A. Kaplan on 7/21/06) (dle, ) (Entered: 07/21/2006)
2006-07-26 419 0 MEMORANDUM AND OPINION #93409: In view of the fact that the Court disregards those parts of the Dantas declaration as would have been pertinent previously, the motion to strike it is denied as moot. Plaintiff's motion for preliminary injunction is GRANTED. Defendants, their officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with them who receive actual notice of this order by personal service or otherwise, be and hereby are enjoined and restrained, pending the final determination of this action. (Signed by Judge Lewis A. Kaplan on 7/26/06) (js, ) Modified on 7/31/2006 (rag, ). (Entered: 07/26/2006)
2006-07-27 420 0 STIPULATION AND ORDER, Upon the District Court's approval hereof, the Clerk of the Court is dircted to file, docket, and in the public record in this action the documents annexed hereto as Exhibits A-P and T-AA, all of which were submitted to Disctrict Judge Lewis A. Kaplan. (Signed by Judge Lewis A. Kaplan on 7/26/2006) (jmi, ) (Entered: 07/27/2006)
2006-07-28 421 0 Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for 112 Notice of Interlocutory Appeal filed by Daniel Valente Dantas,, Opportunity Equity Partners Ltd.,, 325 Notice of Appeal filed by Daniel Valente Dantas,, Opportunity Equity Partners Ltd.,, 147 Notice of Interlocutory Appeal filed by Daniel Valente Dantas,, Opportunity Equity Partners Ltd., USCA Case Number 06-2164-cv(L), 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (nd, ) (Entered: 07/28/2006)
2006-07-28 422 0 NOTICE OF APPEAL from 419 Memorandum & Opinion. Document filed by Daniel Valente Dantas, Opportunity Equity Partners Ltd.. Filing fee $ 455.00, receipt number E 585806. (nd, ) (Entered: 08/01/2006)
2006-08-02 423 0 STIPULATION AND CONSENT ORDER that plntfs shall have up to and including 8/4/06 to file and serve their opposition to the moving defts' Motions to Dismiss. Reply papers, if any, by 8/18/06. (Signed by Judge Denise L. Cote on 8/1/06) (cd, ) (Entered: 08/02/2006)
2006-08-10 424 0 DECLARATION of Rahul Mukhi, dated August 4, 2006, in Opposition re: 394 MOTION to Dismiss Plaintiffs' Third Amended Complaint., 385 MOTION to Dismiss the Third Amended Complaint.. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E-1# 6 Exhibit E-2# 7 Exhibit E-3# 8 Exhibit F# 9 Exhibit G# 10 Exhibit H# 11 Exhibit I# 12 Exhibit J# 13 Exhibit K# 14 Exhibit L# 15 Exhibit M# 16 Exhibit N# 17 Exhibit O# 18 Exhibit P# 19 Exhibit Q# 20 Exhibit R# 21 Exhibit S# 22 Exhibit T# 23 Exhibit U# 24 Exhibit V# 25 Exhibit W-1# 26 Exhibit W-2# 27 Exhibit X# 28 Exhibit Y# 29 Exhibit Z# 30 Exhibit AA# 31 Exhibit BB# 32 Exhibit CC# 33 Exhibit DD# 34 Exhibit EE# 35 Exhibit FF# 36 Exhibit GG# 37 Exhibit HH# 38 Exhibit II# 39 Exhibit JJ# 40 Exhibit KK# 41 Exhibit LL)(Boccuzzi, Carmine) (Entered: 08/10/2006)
2006-08-10 425 0 DECLARATION of Mary Lynn Putney, dated August 4, 2006, in Opposition re: 385 MOTION to Dismiss the Third Amended Complaint., 394 MOTION to Dismiss Plaintiffs' Third Amended Complaint.. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Boccuzzi, Carmine) (Entered: 08/10/2006)
2006-08-10 426 0 DECLARATION of Christopher John Brougham, QC, dated August 4, 2006, in Opposition re: 385 MOTION to Dismiss the Third Amended Complaint., 394 MOTION to Dismiss Plaintiffs' Third Amended Complaint.. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Boccuzzi, Carmine) (Entered: 08/10/2006)
2006-08-10 427 0 DECLARATION of Jose Roberto Opice, dated August 4, 2006, in Opposition re: 385 MOTION to Dismiss the Third Amended Complaint., 394 MOTION to Dismiss Plaintiffs' Third Amended Complaint.. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Attachments: # 1 Exhibit A)(Boccuzzi, Carmine) (Entered: 08/10/2006)
2006-08-10 428 0 MEMORANDUM OF LAW in Opposition re: 385 MOTION to Dismiss the Third Amended Complaint., 394 MOTION to Dismiss Plaintiffs' Third Amended Complaint. dated August 4, 2006,. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Boccuzzi, Carmine) (Entered: 08/10/2006)
2006-08-21 429 0 CERTIFICATE OF SERVICE on August 5, 2006 and August 10, 2006. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Boccuzzi, Carmine) (Entered: 08/21/2006)
2006-09-06 430 0 STIPULATION AND CONSENT ORDER that all parties have agreed that moving defts shall have up to and including 9/29/06 to file and serve their reply in support of their Motion to Dismiss the Third Amended Complaint. (Signed by Judge Lewis A. Kaplan on 9/5/06) (cd, ) (Entered: 09/06/2006)
2006-09-28 431 0 STIPULATION AND CONSENT ORDER that moving defts shall have up to and including 10/27/06 to file and serve their reply in support of their Motions to Dismiss the Third Amended Complaint. (Signed by Judge Lewis A. Kaplan on 9/27/06) (cd, ) (Entered: 09/28/2006)
2006-10-26 432 0 STIPULATION AND CONSENT ORDER: Now Therefore, in consideration of the foregoing, all parties have agreed that moving Defendants shall have up to and including November 27, 2006 to file and serve their reply in support of their motion to Dismiss the Third Amended Complaint. (Signed by Judge Lewis A. Kaplan on 10/26/06) (js, ) (Entered: 10/27/2006)
2006-11-20 433 0 NOTICE OF CHANGE OF ADDRESS by Philip C. Korologos on behalf of Opportunity Equity Partners Ltd.. New Address: Boies, Schiller & Flexner, LLP, 575 Lexington Avenue, 7th Floor, New York, New York, USA 10022, 212-446-2300. (Korologos, Philip) (Entered: 11/20/2006)
2006-11-27 434 0 REPLY MEMORANDUM OF LAW in Support re: 394 MOTION to Dismiss Plaintiffs' Third Amended Complaint.. Document filed by Banco Opportunity S.A., Dorio Ferman. (Greenwald, Marc) (Entered: 11/27/2006)
2006-11-27 435 0 DECLARATION of Marc L. Greenwald in Support re: 394 MOTION to Dismiss Plaintiffs' Third Amended Complaint.. Document filed by Banco Opportunity S.A., Dorio Ferman. (Attachments: # 1 Exhibit Exhibit A (Guerreiro reply declaration)# 2 Exhibit Exhibit B (English translation of Guerriero decl)# 3 Exhibit Exhibit C (Putney depo transcript excerpt))(Greenwald, Marc) (Entered: 11/27/2006)
2006-11-27 436 0 REPLY MEMORANDUM OF LAW in Support re: 385 MOTION to Dismiss the Third Amended Complaint.. Document filed by Opportunity Equity Partners Ltd.. (Korologos, Philip) (Entered: 11/27/2006)
2006-11-27 437 0 DECLARATION of George F. Carpinello in Support re: 385 MOTION to Dismiss the Third Amended Complaint.. Document filed by Opportunity Equity Partners Ltd.. (Attachments: # 1 Exhibit A-B# 2 Exhibit C-D# 3 Exhibit E-G)(Korologos, Philip) (Entered: 11/27/2006)
2006-11-27 438 0 DECLARATION of Sergio Sardenberg in Support re: 385 MOTION to Dismiss the Third Amended Complaint.. Document filed by Opportunity Equity Partners Ltd.. (Attachments: # 1 Exhibit 1-8# 2 Exhibit 9-16)(Korologos, Philip) (Entered: 11/27/2006)
2006-11-27 439 0 DECLARATION of Lord Neill of Bladen, Q.C. in Support re: 385 MOTION to Dismiss the Third Amended Complaint.. Document filed by Opportunity Equity Partners Ltd.. (Korologos, Philip) (Entered: 11/27/2006)
2006-11-27 440 0 DECLARATION of Arthur Joaquim De Carvalho in Support re: 385 MOTION to Dismiss the Third Amended Complaint.. Document filed by Opportunity Equity Partners Ltd.. (Korologos, Philip) (Entered: 11/27/2006)
2006-11-27 441 0 DECLARATION of Veronica Dantas in Support re: 385 MOTION to Dismiss the Third Amended Complaint.. Document filed by Opportunity Equity Partners Ltd.. (Korologos, Philip) (Entered: 11/27/2006)
2006-11-27 442 0 CERTIFICATE OF SERVICE. Document filed by Opportunity Equity Partners Ltd.. (Korologos, Philip) (Entered: 11/27/2006)
2006-12-14 443 0 NOTICE OF APPEARANCE by Jaimie Marie Leeser on behalf of Dorio Ferman (Leeser, Jaimie) (Entered: 12/14/2006)
2006-12-14 444 0 NOTICE OF APPEARANCE by Jaimie Marie Leeser on behalf of Banco Opportunity S.A. (Leeser, Jaimie) (Entered: 12/14/2006)
2007-01-30 445 0 MEMORANDUM AND OPINION #94216; that plaintiff's motion to dismiss is denied with respect to Opportunity Equity's first counterclaim against IEII for breach of fiduciary duties allegedly owed pursuant to the Partnership Agreement. It is granted in all other respects. (Signed by Judge Lewis A. Kaplan on 1/30/07) (pl) Modified on 2/1/2007 (Gutierrez, Robert). (Entered: 01/31/2007)
2007-02-09 446 0 MANDATE of USCA (Certified Copy) as to 147 Notice of Interlocutory Appeal filed by Opportunity Equity Partners Ltd., Daniel Valente Dantas USCA Case Number 05-4952. Ordered that the appeal is DISMISSED. Roseann B. MacKechnie, Clerk USCA. Issued As Mandate: 4/4/2006. (nd) (Entered: 02/09/2007)
2007-02-26 447 0 MEMO ENDORSEMENT that the motion of defts Banco Opportunity and Dorio Ferman to dismiss the third amended complaint is denied. (Signed by Judge Lewis A. Kaplan on 2/26/07) (cd) (Entered: 02/27/2007)
2007-02-26 448 0 MEMORANDUM OPINION # 94324, Denying 394 MOTION to Dismiss Plaintiffs' Third Amended Complaint. filed by Banco Opportunity S.A., Dorio Ferman. (Signed by Judge Lewis A. Kaplan on 2/26/07) (ae) (Entered: 02/28/2007)
2007-02-28 449 0 ORDER TO SHOW CAUSE by Defendant. Show Cause Hearing set for 3/1/2007 02:30 PM before Judge Lewis A. Kaplan. In Courtroom 12D of the United States Courthouse located at 500 Pearl Street, in the borough of Manhattan. (Signed by Judge Lewis A. Kaplan on 2/28/07) (js) Modified on 3/1/2007 (js). (Entered: 03/01/2007)
2007-03-01 450 0 DECLARATION of Anton A. Ware in Opposition re: 449 Order to Show Cause,. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Zelbo, Howard) (Entered: 03/01/2007)
2007-03-01 451 0 MEMORANDUM OF LAW in Opposition re: 449 Order to Show Cause, /Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion to Modify Preliminary Injunctions, dated March 1, 2007. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Zelbo, Howard) (Entered: 03/01/2007)
2007-03-01 452 0 REPLY MEMORANDUM OF LAW in Support of Defendants Motion to Modify the Preliminary Injunction. Document filed by Opportunity Equity Partners Ltd.. (Korologos, Philip) (Entered: 03/01/2007)
2007-03-01 453 0 CERTIFICATE OF SERVICE of Declaration of Anton A. Ware dated March 1, 2007, with Exhibits A through C and Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion to Modify Preliminary Injunctions served on Howard Vickery, Esq., George F. Carpinello, Esq., and Philip Korologos, Esq. on March 1, 2007. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Zelbo, Howard) (Entered: 03/01/2007)
2007-03-01 454 0 MEMORANDUM AND ORDER; I have considered all of defendants' arguments. To the extent they are not discussed here, they are without merit. For the foregoiong reasons, the motion of defendants Caravalho, Opportunity Fund, and Opportunity Prime to dismiss the complaint is granted to the the extent as set forth herein. The tenth claim for relief is dismissed as to Opportunity Fund and Opportunity Prime for lact of personal jurisdiciton. The first, third, fourth and fifth claims are dismissed as to Caravalho for failure to state a claim upon which relief may be granted, provided, however, that plaintiffs, within fourteen days of the date of this order, may file an amendment to the complaint repleading the ghird and fourth claims as against Carvalho...; (Signed by Judge Lewis A. Kaplan on 3/1/07) (djc) Modified on 3/2/2007 (Clark, Dolores). (Entered: 03/02/2007)
2007-03-01 455 0 STIPULATION AND CONSENT ORDER; Plaintiffs shall have up until and including March 23, 2007 to reply to the remaining counterclaims. (Signed by Judge Lewis A. Kaplan on 2/28/07) (djc) (Entered: 03/02/2007)
2007-03-02 456 0 MEMORANDUM OF LAW in Support re: 449 Order to Show Cause, Motion to Modify the Preliminary Injunctions Entered In This Action. Document filed by Opportunity Equity Partners Ltd.. (Korologos, Philip) (Entered: 03/02/2007)
2007-03-02 457 0 DECLARATION of Daniel Valente Dantas re: 449 Order to Show Cause, Supporting Motion to Modify the Preliminary Injunctions Entered In This Action. Document filed by Opportunity Equity Partners Ltd.. (Korologos, Philip) (Entered: 03/02/2007)
2007-03-02 458 0 CERTIFICATE OF SERVICE on February 28, 2007. Document filed by Opportunity Equity Partners Ltd.. (Korologos, Philip) (Entered: 03/02/2007)
2007-03-02 459 0 CERTIFICATE OF SERVICE on March 1, 2007. Document filed by Opportunity Equity Partners Ltd.. (Korologos, Philip) (Entered: 03/02/2007)
2007-03-05 460 0 ORDER that the June 7,2005, preliminary injunction in this Action modified to include the following language as stated in this order. (Signed by Judge Lewis A. Kaplan on 3/2/2007) (jmi) (Entered: 03/06/2007)
2007-03-05 461 0 ORDER the motion to modify the preliminary injunctions (dockets item 449) was resolved by the stipulation and order dated March 2, 2007. The Clerk therfore shall terminate the motion. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 3/5/2007) (jmi) (Entered: 03/06/2007)
2007-03-05 462 0 STIPULATION AND ORDER indicating district Court's willingness to Modify the March 2,2007, Modification to the June 7, 2005 Preliminary Injunction. (Signed by Judge Lewis A. Kaplan on 3/5/2007) (jmi) (Entered: 03/06/2007)
2007-03-07 463 0 ORDER; In light of the letter dated 3/5/07 from defendants' counsel, the final Whereas clause in the stipulation and order signed on 3/5/07 is modified to read as set forth in this Order. (Signed by Judge Lewis A. Kaplan on 3/7/07) (ae) (Entered: 03/08/2007)
2007-03-07 464 0 ORDER; that the Court's 3/2/07 modification to the 6/7/05, preliminary injunction in this action is further modified as set forth in this Order. (Signed by Judge Lewis A. Kaplan on 3/7/07) (ae) (Entered: 03/08/2007)
2007-03-09 465 0 ORDER of USCA (Certified Copy) as to 383 Notice of Appeal filed by Opportunity Equity Partners Ltd., Daniel Valente Dantas, 325 Notice of Appeal filed by Opportunity Equity Partners Ltd., Daniel Valente Dantas, 147 Notice of Interlocutory Appeal filed by Opportunity Equity Partners Ltd., Daniel Valente Dantas, 112 Notice of Interlocutory Appeal filed by Opportunity Equity Partners Ltd., Daniel Valente Dantas, 422 Notice of Appeal filed by Opportunity Equity Partners Ltd., Daniel Valente Dantas USCA Case Number 05-2862-cv (L), 05-4952-cv, 06-2164, 06-2176, 06-2709, 06-3567-cv (CON). Stipulation and order permitting the district court leave to enter an agreed modification to the march 2, 2007, modification to the June 7, 2005 preliminary injunction now pending on appeal. Thomas Asreen, Acting Clerk USCA. Certified: 3/7/2007. (nd) (Entered: 03/09/2007)
2007-03-12 466 0 STIPULATION AND ORDER that the time for Ferman and Banco Opportunity to answer the Third Amended Complaint, will be extended until 3/30/07. (Signed by Judge Lewis A. Kaplan on 3/12/07) (cd) (Entered: 03/13/2007)
2007-03-12 467 0 ENDORSED LETTER addressed to Judge Kaplan from Carmine Boccuzzi dated 3/8/07 re plntfs belief that the decretal portion of the Court's 1/07 Memo and Order and that the fifth as opposed to the seventh, claim is dismissed as to Carvalho: granted. (Signed by Judge Lewis A. Kaplan on 3/12/07) (cd) (Entered: 03/13/2007)
2007-03-15 468 0 TRANSCRIPT of proceedings held on 2/28/2007 at 3:00 p.m. before Judge Lewis A. Kaplan. (mbe) (Entered: 03/15/2007)
2007-03-15 469 0 TRANSCRIPT of proceedings held on 3/1/2007 at 2:30 p.m. before Judge Lewis A. Kaplan. (mbe) (Entered: 03/15/2007)
2007-03-15 470 0 FOURTH AMENDED COMPLAINT amending 299 Amended Complaint, against Banco Opportunity S.A., Dorio Ferman, Arthur Joaquim De Carvalho, Opportunity Fund, Opportunity Prime Investment Services, Ltd, Opportunity Equity Partners Ltd., Daniel Valente Dantas.Document filed by Citigroup Venture Capital International Brazil, L.P., Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc. Related document: 299 Amended Complaint, filed by International Equity Investments, Inc., Citigroup Venture Capital Int'l Brazil, LLC.(jco) (Entered: 03/22/2007)
2007-03-23 471 0 CERTIFICATE OF SERVICE of Fourth Amended Complaint 470 served on Howard Vickery, Esq.; Boies Schiller & Flexner LLP on March 15, 2007. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, Citigroup Venture Capital International Brazil, L.P., International Equity Investments, Inc.. (Zelbo, Howard) (Entered: 03/23/2007)
2007-03-23 472 0 STIPULATION AND CONSENT ORDER plaintiff shall have until April 6, 2007 to reply to the remaining Counterclaims. Replies due by 4/6/2007. (Signed by Judge Lewis A. Kaplan on 3/22/2007) (jmi) (Entered: 03/26/2007)
2007-03-23 473 0 STIPULATION AND CONSENT ORDER in consideration of the foregoing, all parties have agreed that defendants Arthur Carvalho, Opportunity Fund, Opportunity Prime Investment Service LTD, Dordo Ferman and Banco Opportunity S.A. shall have up to and including June 1,2007 to file and serve their answer and counter-claims, if any to the Forth Amended Complaint. (Signed by Judge Lewis A. Kaplan on 3/22/2007) (jmi) (Entered: 03/26/2007)
2007-03-30 474 0 STIPULATION AND ORDER re: District Court's willingness to further modify the 6/7/05 Preliminary Injunction. (Signed by Judge Lewis A. Kaplan on 3/30/07) (pl) (Entered: 04/02/2007)
2007-04-06 475 0 ANSWER to Amended Counterclaim. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, Citigroup Venture Capital International Brazil, L.P., International Equity Investments, Inc.. Related document: 143 Amended Counterclaim, filed by Opportunity Equity Partners Ltd..(Boccuzzi, Carmine) (Entered: 04/06/2007)
2007-04-09 476 0 NOTICE OF APPEARANCE by Jaimie Marie Leeser on behalf of Banco Opportunity S.A., Dorio Ferman (Leeser, Jaimie) (Entered: 04/09/2007)
2007-04-10 477 0 CERTIFICATE OF SERVICE of Reply to Counterclaims served on Howard Vickery, Esq., George F. Carpinello, Esq., Philip Korologos, Esq.; Boies, Schiller & Flexner LLP, 575 Lexington Avenue, 7th Floor, New York, NY 10022 on April 6, 2007. Service was made by Federal Express. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, Citigroup Venture Capital International Brazil, L.P., International Equity Investments, Inc.. (Boccuzzi, Carmine) (Entered: 04/10/2007)
2007-04-13 478 0 TRUE COPY ORDER of USCA as to 383 Notice of Appeal filed by Opportunity Equity Partners Ltd., Daniel Valente Dantas, 325 Notice of Appeal filed by Opportunity Equity Partners Ltd., Daniel Valente Dantas, 147 Notice of Interlocutory Appeal filed by Opportunity Equity Partners Ltd., Daniel Valente Dantas, 112 Notice of Interlocutory Appeal filed by Opportunity Equity Partners Ltd., Daniel Valente Dantas, 422 Notice of Appeal filed by Opportunity Equity Partners Ltd., Daniel Valente Dantas USCA Case Number 05-2862-cv (L), 05-4952-cv (CON), 06-2164-cv (CON), 06-2176-cv(CON), 06-2709-cv(CON), 06-3567-cv (CON). Stipulation and Order Permitting the District Court leave to enter an agreed further modification to the June7, 2005 Preliminary Injunction now pending on appeal; 1. The above-referenced appeals remain suspended by not dismissed, subject to reactivation as provided for in paragraph 3, below; 2. The purpose of the remand to the District Court authorized by the Court of Appeals on March 2, 2007 and March 7, 2007, is hereby expanded so that the District Court also has authority to modify its prior March 2, 2007, and March 7, 2007, modifications to the June 7 Preliminary Injunction to provide that "The March 7, 2007 Order of the District Court modifying the June 7, 2005 Preliminary Injunction is hereby further modified to provide that: "Defendants Daniel Valente Dantas and Opportunity Equity Partners, Ltd., the officers, agents, servants, employees, and attorneys of each of them, and those persons in active concert or participation with either of them (hereinafter " Opportunity") may enter into discussions with DLJ South American Partners L.P. ("DLJ") with respect to a possible sale by Opportunity to DLJ of Opportunity`s direct or indirect interests in Brasil Telecom, Telemig, Amazonia or Telemar. " Opportunity will not (and will not permit any of their affiliates or representatives to) enter into any agreement with or provide any undertaking to DLJ or any of its affiliates unless and until such agreement or undertaking has received the prior appeal, after notice to plaintiffs, of the District Court in this Action." 3. The above-referenced Consolidated Appeals shall be reactivated upon receiving written notice from Defendants-Appellants. Thomas Asreen, Acting Clerk USCA. Certified: 4/11/2007. (nd) (Entered: 04/13/2007)
2007-04-12 479 0 ORDER: that the Court's 464 Order dated 3/7/07 is further modified to provide that "Defendants Daniel Valente Dantas and Opportunity Equity Partners, Ltd., the officers,.....and persons in active concert with them may enter into discussions with DLJ South American Partners L.P. with respect to a possible sale by Opportunity to DLJ of Opportunity direct interests in Brasil Telecom, Telemig, Amazonia or Telemar." (Signed by Judge Lewis A. Kaplan on 4/12/07) (db) Modified on 4/16/2007 (Boneta, Dennis). (Entered: 04/16/2007)
2007-04-12 480 0 ORDER; that the Courts 3/7/07, Order modifying the 6/7/05, preliminary injunction in this Action is further modified in the manner that is set forth in this Order. (Signed by Judge Lewis A. Kaplan on 4/12/07) (pl) (Entered: 04/17/2007)
2007-05-22 481 0 STIPULATION AND CONSENT ORDER;... in consideration of the foregoing, all parties have agreed that Defendants Arthur Carvalho, Opportunity Fund, Opportunity Prime Investment Services Ltd., Dorio Fennan and Banco Opportunity S.A. shall have up to and including July 2, 2007 to file and serve their answer and counter-claims, if any, to the Fourth Amended complaint. (Signed by Judge Lewis A. Kaplan on 5/22/07) (djc) (Entered: 05/23/2007)
2007-07-02 482 0 FILING ERROR - DEFICIENT DOCKET ENTRY - (WRONG ATTORNEY INFORMATION FOR APPEARANCE) - NOTICE OF APPEARANCE by Marc Laurence Greenwald on behalf of Banco Opportunity S.A., Dorio Ferman (Greenwald, Marc) Modified on 7/3/2007 (GF). (Entered: 07/02/2007)
2007-07-02 483 0 ANSWER to Amended Complaint. Document filed by Opportunity Prime Investment Services, Ltd. Related document: 470 Amended Complaint,, filed by Citigroup Venture Capital International Brazil, L.P., International Equity Investments, Inc., Citigroup Venture Capital Int'l Brazil, LLC.(Korologos, Philip) (Entered: 07/02/2007)
2007-07-02 484 0 ANSWER to Amended Complaint. Document filed by Arthur Joaquim De Carvalho. Related document: 470 Amended Complaint,, filed by Citigroup Venture Capital International Brazil, L.P., International Equity Investments, Inc., Citigroup Venture Capital Int'l Brazil, LLC.(Korologos, Philip) (Entered: 07/02/2007)
2007-07-02 485 0 ANSWER to Amended Complaint. Document filed by Opportunity Equity Partners Ltd., Daniel Valente Dantas. Related document: 470 Amended Complaint,, filed by Citigroup Venture Capital International Brazil, L.P., International Equity Investments, Inc., Citigroup Venture Capital Int'l Brazil, LLC.(Korologos, Philip) (Entered: 07/02/2007)
2007-07-02 486 0 ANSWER to Amended Complaint with JURY DEMAND. Document filed by Banco Opportunity S.A., Dorio Ferman.(Greenwald, Marc) (Entered: 07/02/2007)
2007-07-02 487 0 CERTIFICATE OF SERVICE of Answer served on Boies, Schiller & Flexner LLP; Cleary, Gottlieb, Stern & Hamilton LLP on 07/02/2007. Service was made by EMAIL. Document filed by Banco Opportunity S.A., Dorio Ferman. (Greenwald, Marc) (Entered: 07/02/2007)
2007-07-03 488 0 CERTIFICATE OF SERVICE of Answers to the Fourth Amended Complaint on July 2, 2007. Document filed by Arthur Joaquim De Carvalho, Opportunity Fund, Opportunity Prime Investment Services, Ltd, Opportunity Equity Partners Ltd., Daniel Valente Dantas. (Korologos, Philip) (Entered: 07/03/2007)
2007-07-09 490 0 STIPULATION AND ORDER CONCERNING CONFIDENTIALITY...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge Lewis A. Kaplan on 7/9/07) (kco) (Entered: 07/10/2007)
2007-07-23 491 0 STIPULATION AND ORDER that all counterclaim dfts shall have up to and including 9/13/07 to move against, reply to or otherwise respond to the Opportunity Fund Counterclaims. Citigroup Venture Capital Int'l Brazil, LLC answer due 9/13/2007 (Signed by Judge Lewis A. Kaplan on 7/23/07) .(dle) Modified on 8/23/2007 (Lewis, Diahan). (Entered: 07/24/2007)
2007-09-10 492 0 ANSWER to Complaint. Document filed by Opportunity Equity Partners Ltd.. (Attachments: # 1 Part 2 of Defendants' Redacted Answer to the Fourth Amended Complaint and Counterclaims)(Korologos, Philip) (Entered: 09/10/2007)
2007-09-11 493 0 STIPULATION AND CONSENT ORDER: the time for Counterclaims defendants to move against, reply or otherwise respond to the Opportunity Fund Counterclaims is extended to 9/18/07. Citigroup Venture Capital Int'l Brazil, LLC answer due 9/18/2007; International Equity Investments, Inc. answer due 9/18/2007. (Signed by Judge Lewis A. Kaplan on 9/11/07) (db) (Entered: 09/11/2007)
2007-09-13 494 0 SUMMONS RETURNED EXECUTED. Citibank N.A. served on 9/12/2007, answer due 10/2/2007. Service was accepted by Carmine Boccuzzi, Esq, attorney authorized to accept service on behalf of Citibank N.A.. Document filed by Opportunity Fund. (Korologos, Philip) (Entered: 09/13/2007)
2007-09-13 495 0 SUMMONS RETURNED EXECUTED. Citigroup, Inc. served on 9/12/2007, answer due 10/2/2007. Service was accepted by Carmine Boccuzzi, Esq, attorney authorized to accept service on behalf of Citigroup, Inc.. Document filed by Citigroup, Inc.; Opportunity Fund. (Korologos, Philip) (Entered: 09/13/2007)
2007-09-18 496 0 MOTION to Dismiss / Notice of Motion to Dismiss Defendant Opportunity Fund's Counterclaims Pursuant to Federal Rule of Civil Procedure 12(b)(6), Dated September 18, 2007.. Document filed by Citigroup Venture Capital International Brazil, L.P., Citibank N.A., Citigroup, Inc., Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc..(Boccuzzi, Carmine) (Entered: 09/18/2007)
2007-09-18 497 0 DECLARATION of Christopher John Brougham, QC in Support re: 496 MOTION to Dismiss / Notice of Motion to Dismiss Defendant Opportunity Fund's Counterclaims Pursuant to Federal Rule of Civil Procedure 12(b)(6), Dated September 18, 2007.. MOTION to Dismiss / Notice of Motion to Dismiss Defendant Opportunity Fund's Counterclaims Pursuant to Federal Rule of Civil Procedure 12(b)(6), Dated September 18, 2007... Document filed by Citigroup Venture Capital International Brazil, L.P., Citibank N.A., Citigroup, Inc., Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Boccuzzi, Carmine) (Entered: 09/18/2007)
2007-09-18 498 0 DECLARATION of Anton A. Ware, Dated September 18, 2007 in Support re: 496 MOTION to Dismiss / Notice of Motion to Dismiss Defendant Opportunity Fund's Counterclaims Pursuant to Federal Rule of Civil Procedure 12(b)(6), Dated September 18, 2007.. MOTION to Dismiss / Notice of Motion to Dismiss Defendant Opportunity Fund's Counterclaims Pursuant to Federal Rule of Civil Procedure 12(b)(6), Dated September 18, 2007... Document filed by Citigroup Venture Capital International Brazil, L.P., Citibank N.A., Citigroup, Inc., Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Attachments: # 1 Exhibit A part 1# 2 Exhibit A part 2# 3 Exhibit B# 4 Exhibit C part 1# 5 Exhibit C part 2# 6 Exhibit D# 7 Exhibit E# 8 Exhibit F# 9 Exhibit G# 10 Exhibit H)(Boccuzzi, Carmine) (Entered: 09/18/2007)
2007-09-18 499 0 MEMORANDUM OF LAW in Support re: 496 MOTION to Dismiss / Notice of Motion to Dismiss Defendant Opportunity Fund's Counterclaims Pursuant to Federal Rule of Civil Procedure 12(b)(6), Dated September 18, 2007.. MOTION to Dismiss / Notice of Motion to Dismiss Defendant Opportunity Fund's Counterclaims Pursuant to Federal Rule of Civil Procedure 12(b)(6), Dated September 18, 2007... Document filed by Citigroup Venture Capital International Brazil, L.P., Citibank N.A., Citigroup, Inc., Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Boccuzzi, Carmine) (Entered: 09/18/2007)
2007-09-19 500 0 CERTIFICATE OF SERVICE of Richard V. Conza of Notice of Motion to Dismiss Defendant Opportunity Fund's Counterclaims Pursuant to Federal Rule of Civil Procedure 12(b)(6) with the Declaration of Christopher John Brougham, QC, Declaration of Anton A. Ware in Support of Motion to Dismiss with Exhibits A-H and Memorandum of Law in Support of Counterclaim-Defendants' Motion to Dismiss on September 18, 2007. Service was made by Hand and First Class Mail. Document filed by Citigroup Venture Capital International Brazil, L.P., Citibank N.A., Citigroup, Inc., Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Boccuzzi, Carmine) (Entered: 09/19/2007)
2007-09-25 501 0 MANDATE of USCA (Certified Copy) as to 383 Notice of Appeal filed by Opportunity Equity Partners Ltd., Daniel Valente Dantas, 325 Notice of Appeal filed by Opportunity Equity Partners Ltd., Daniel Valente Dantas, 147 Notice of Interlocutory Appeal filed by Opportunity Equity Partners Ltd., Daniel Valente Dantas, 112 Notice of Interlocutory Appeal filed by Opportunity Equity Partners Ltd., Daniel Valente Dantas, 422 Notice of Appeal filed by Opportunity Equity Partners Ltd., Daniel Valente Dantas USCA Case Number 05-2862-cv(L0, 05-4952-cv(CON), 06-2164-cv(CON), 06-2176-cv(CON), 06-2709-cv(CON), 06-3567-cv (CON). After argument and upon due consideration of these appeals, it is hereby ORDERED, ADJUDGED, and DECREED that the orders of the District Court are AFFIRMED and the case is REMANDED in part. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 9/24/2007. (nd) (Entered: 09/25/2007)
2007-10-02 502 0 STIPULATION AND CONSENT ORDER: Opportunity Fund shall have up to and including 11/16/07 to file and serve its response to Counterclaim Defendants' Motion to Dismiss. Set Deadlines/Hearing as to 496 MOTION to Dismiss / Notice of Motion to Dismiss Defendant Opportunity Fund's Counterclaims Pursuant to Federal Rule of Civil Procedure 12(b)(6), Dated September 18, 2007.. MOTION to Dismiss / Notice of Motion to Dismiss Defendant Opportunity Fund's Counterclaims Pursuant to Federal Rule of Civil Procedure 12(b)(6), Dated September 18, 2007. : Responses due by 11/16/2007. (Signed by Judge Lewis A. Kaplan on 10/1/07) (tro) (Entered: 10/02/2007)
2007-11-07 503 0 MOTION to Compel /Plaintiffs' and Counterclaim-Defendants' Motion to Compel, dated November 7, 2007. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, Citibank N.A., Citigroup, Inc., Citigroup Venture Capital International Brazil, L.P., International Equity Investments, Inc.. (Attachments: # 1 Exhibit A - Sealed# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E - Sealed# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J - Sealed# 11 Exhibit K# 12 Exhibit L# 13 Exhibit M - Sealed# 14 Exhibit N - Sealed# 15 Exhibit O# 16 Exhibit P)(Zelbo, Howard) (Entered: 11/07/2007)
2007-11-07 504 0 CERTIFICATE OF SERVICE of Richard V. Conza of Plaintiffs' and Counterclaim-Defendants' Motion to Compel on November 7, 2007. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, Citibank N.A., Citigroup, Inc., Citigroup Venture Capital International Brazil, L.P., International Equity Investments, Inc.. (Zelbo, Howard) (Entered: 11/07/2007)
2007-11-09 506 0 MOTION to Compel Opposition of Banco Opportunity and Dorio Ferman to Plaintiffs Motion to Compel. Document filed by Banco Opportunity S.A., Dorio Ferman.(Greenwald, Marc) (Entered: 11/09/2007)
2007-11-09 507 0 CERTIFICATE OF SERVICE of Opposition to Motion to Compel on 11/9/2007. Document filed by Banco Opportunity S.A., Dorio Ferman. (Greenwald, Marc) (Entered: 11/09/2007)
2007-11-09 508 0 MOTION to Compel Opposition of Defendants Opportunity Equity Partners Ltd., Daniel Dantas, Arthur Carvalho, Opportunity Fund, and Opportunity Prime Investment Services, Ltd. to Plaintiffs Motion to Compel. Document filed by Arthur Joaquim De Carvalho, Opportunity Fund, Opportunity Prime Investment Services, Ltd, Opportunity Equity Partners Ltd., Daniel Valente Dantas. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11# 12 Exhibit 12# 13 Exhibit 13# 14 Exhibit 14# 15 Exhibit 15# 16 Exhibit 16# 17 Exhibit 17# 18 Exhibit 18# 19 Exhibit 19)(Korologos, Philip) (Entered: 11/09/2007)
2007-11-09 509 0 DECLARATION of Daniel Valente Dantas in Opposition re: 508 MOTION to Compel Opposition of Defendants Opportunity Equity Partners Ltd., Daniel Dantas, Arthur Carvalho, Opportunity Fund, and Opportunity Prime Investment Services, Ltd. to Plaintiffs Motion to Compel., 503 MOTION to Compel /Plaintiffs' and Counterclaim-Defendants' Motion to Compel, dated November 7, 2007.. Document filed by Daniel Valente Dantas. (Korologos, Philip) (Entered: 11/09/2007)
2007-11-09 510 0 DECLARATION of Arthur Joaquim de Carvalho in Opposition re: 508 MOTION to Compel Opposition of Defendants Opportunity Equity Partners Ltd., Daniel Dantas, Arthur Carvalho, Opportunity Fund, and Opportunity Prime Investment Services, Ltd. to Plaintiffs Motion to Compel., 503 MOTION to Compel /Plaintiffs' and Counterclaim-Defendants' Motion to Compel, dated November 7, 2007.. Document filed by Arthur Joaquim De Carvalho. (Korologos, Philip) (Entered: 11/09/2007)
2007-11-09 511 0 DECLARATION of Opportunity Fund in Opposition re: 508 MOTION to Compel Opposition of Defendants Opportunity Equity Partners Ltd., Daniel Dantas, Arthur Carvalho, Opportunity Fund, and Opportunity Prime Investment Services, Ltd. to Plaintiffs Motion to Compel., 503 MOTION to Compel /Plaintiffs' and Counterclaim-Defendants' Motion to Compel, dated November 7, 2007.. Document filed by Opportunity Fund. (Korologos, Philip) (Entered: 11/09/2007)
2007-11-09 512 0 DECLARATION of Opportunity Equity Partners Ltd. in Opposition re: 508 MOTION to Compel Opposition of Defendants Opportunity Equity Partners Ltd., Daniel Dantas, Arthur Carvalho, Opportunity Fund, and Opportunity Prime Investment Services, Ltd. to Plaintiffs Motion to Compel., 503 MOTION to Compel /Plaintiffs' and Counterclaim-Defendants' Motion to Compel, dated November 7, 2007.. Document filed by Opportunity Equity Partners Ltd.. (Korologos, Philip) (Entered: 11/09/2007)
2007-11-09 513 0 DECLARATION of Opportunity Prime Investment Services, Ltd. in Opposition re: 508 MOTION to Compel Opposition of Defendants Opportunity Equity Partners Ltd., Daniel Dantas, Arthur Carvalho, Opportunity Fund, and Opportunity Prime Investment Services, Ltd. to Plaintiffs Motion to Compel., 503 MOTION to Compel /Plaintiffs' and Counterclaim-Defendants' Motion to Compel, dated November 7, 2007.. Document filed by Opportunity Prime Investment Services, Ltd. (Korologos, Philip) (Entered: 11/09/2007)
2007-11-09 514 0 DECLARATION of William John Helfrecht in Opposition re: 508 MOTION to Compel Opposition of Defendants Opportunity Equity Partners Ltd., Daniel Dantas, Arthur Carvalho, Opportunity Fund, and Opportunity Prime Investment Services, Ltd. to Plaintiffs Motion to Compel., 503 MOTION to Compel /Plaintiffs' and Counterclaim-Defendants' Motion to Compel, dated November 7, 2007.. Document filed by Opportunity Equity Partners Ltd.. (Korologos, Philip) (Entered: 11/09/2007)
2007-11-09 515 0 CERTIFICATE OF SERVICE. Document filed by Opportunity Equity Partners Ltd.. (Korologos, Philip) (Entered: 11/09/2007)
2007-11-14 516 0 MOTION to Compel The Production Of Documents In Their Entirety. Document filed by Arthur Joaquim De Carvalho, Opportunity Fund, Opportunity Prime Investment Services, Ltd, Opportunity Equity Partners Ltd., Daniel Valente Dantas. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4A# 5 Exhibit 4B# 6 Exhibit 5A# 7 Exhibit 5B# 8 Exhibit 6A# 9 Exhibit 6B# 10 Exhibit 7# 11 Exhibit 8A# 12 Exhibit 8B# 13 Exhibit 9# 14 Exhibit 10# 15 Exhibit 11# 16 Exhibit 12# 17 Exhibit 13# 18 Exhibit 14# 19 Exhibit 15)(Korologos, Philip) (Entered: 11/14/2007)
2007-11-14 517 0 RESPONSE in Opposition re: 508 MOTION to Compel Opposition of Defendants Opportunity Equity Partners Ltd., Daniel Dantas, Arthur Carvalho, Opportunity Fund, and Opportunity Prime Investment Services, Ltd. to Plaintiffs Motion to Compel., 506 MOTION to Compel Opposition of Banco Opportunity and Dorio Ferman to Plaintiffs Motion to Compel. /Plaintiffs' and Counterclaim-Defendants' Opposition to Motion for a Protective Order and Reply In Support of Motion to Compel. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, Citibank N.A., Citigroup, Inc., Citigroup Venture Capital International Brazil, L.P., International Equity Investments, Inc.. (Attachments: # 1 Exhibit Q# 2 Exhibit R# 3 Exhibit S - sealed# 4 Exhibit T# 5 Exhibit U# 6 Exhibit V# 7 Exhibit W)(Zelbo, Howard) (Entered: 11/14/2007)
2007-11-15 520 0 CERTIFICATE OF SERVICE of Richard V. Conza of Plaintiffs' and Counterclaim-Defendants' Opposition to Motion for a Protective Order and Reply in Support of Motion to Compel with Exhibits Q through W on November 14, 2007. Service was made by Hand and Federal Express. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, Citibank N.A., Citigroup, Inc., Citigroup Venture Capital International Brazil, L.P., International Equity Investments, Inc.. (Zelbo, Howard) (Entered: 11/15/2007)
2007-11-16 521 0 CERTIFICATE OF SERVICE. Document filed by Opportunity Equity Partners Ltd.. (Korologos, Philip) (Entered: 11/16/2007)
2007-11-16 522 0 REPLY MEMORANDUM OF LAW in Support re: 508 MOTION to Compel Opposition of Defendants Opportunity Equity Partners Ltd., Daniel Dantas, Arthur Carvalho, Opportunity Fund, and Opportunity Prime Investment Services, Ltd. to Plaintiffs Motion to Compel. Redacted. Document filed by Opportunity Equity Partners Ltd.. (Attachments: # 1 Exhibit A-Filed Under Seal)(Korologos, Philip) (Entered: 11/16/2007)
2007-11-16 523 0 MEMORANDUM OF LAW in Opposition re: 496 MOTION to Dismiss / Notice of Motion to Dismiss Defendant Opportunity Fund's Counterclaims Pursuant to Federal Rule of Civil Procedure 12(b)(6), Dated September 18, 2007.. MOTION to Dismiss / Notice of Motion to Dismiss Defendant Opportunity Fund's Counterclaims Pursuant to Federal Rule of Civil Procedure 12(b)(6), Dated September 18, 2007.. Redacted. Document filed by Opportunity Fund. (Korologos, Philip) (Entered: 11/16/2007)
2007-11-16 524 0 DECLARATION of Eric J. Brenner in Opposition re: 496 MOTION to Dismiss / Notice of Motion to Dismiss Defendant Opportunity Fund's Counterclaims Pursuant to Federal Rule of Civil Procedure 12(b)(6), Dated September 18, 2007.. MOTION to Dismiss / Notice of Motion to Dismiss Defendant Opportunity Fund's Counterclaims Pursuant to Federal Rule of Civil Procedure 12(b)(6), Dated September 18, 2007... Document filed by Opportunity Fund. (Attachments: # 1 Exhibit A)(Korologos, Philip) (Entered: 11/16/2007)
2007-11-16 525 0 DECLARATION of Antony George Dyce Duckworth in Opposition re: 496 MOTION to Dismiss / Notice of Motion to Dismiss Defendant Opportunity Fund's Counterclaims Pursuant to Federal Rule of Civil Procedure 12(b)(6), Dated September 18, 2007.. MOTION to Dismiss / Notice of Motion to Dismiss Defendant Opportunity Fund's Counterclaims Pursuant to Federal Rule of Civil Procedure 12(b)(6), Dated September 18, 2007... Document filed by Opportunity Fund. (Korologos, Philip) (Entered: 11/16/2007)
2007-11-16 526 0 CERTIFICATE OF SERVICE. Document filed by Opportunity Fund. (Korologos, Philip) (Entered: 11/16/2007)
2007-11-16 527 0 RESPONSE in Opposition re: 516 MOTION to Compel The Production Of Documents In Their Entirety. /Plaintiffs' Opposition to Defendants Opportunity Equity Partners LTD., Daniel Dantas, Arthur Carvalho, Opportunity Fund, and Opportunity Prime Investment Services, LTD.'s Motion to Compel, dated November 16, 2007. Document filed by Citibank N.A., Citigroup, Inc., Citigroup Venture Capital International Brazil, L.P., International Equity Investments, Inc., Citigroup Venture Capital Int'l Brazil, LLC. (Attachments: # 1 Exhibit A)(Boccuzzi, Carmine) (Entered: 11/16/2007)
2007-11-19 530 0 CERTIFICATE OF SERVICE of Plaintiff's Opposition to Defendants Opportunity Equity Partners Ltd., Daniel Dantas, Arthur Carvalho, Opportunity Fund, and Opportunity Prime Investment Services, Ltd.'s Motion to Compel on November 16, 2007. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, Citigroup Venture Capital International Brazil, L.P., Citibank N.A., Citigroup, Inc., International Equity Investments, Inc.. (Boccuzzi, Carmine) (Entered: 11/19/2007)
2007-11-19 532 0 MOTION to Compel PRODUCTION OF DOCUMENTS RELATED TO THE REMOVAL OF BANCO OPPORUNITY S.A.. Document filed by Banco Opportunity S.A., Dorio Ferman. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Certificate of Service)(Greenwald, Marc) (Entered: 11/19/2007)
2007-11-20 533 0 CERTIFICATE OF SERVICE. Document filed by Arthur Joaquim De Carvalho, Opportunity Fund, Opportunity Prime Investment Services, Ltd, Opportunity Equity Partners Ltd., Daniel Valente Dantas. (Korologos, Philip) (Entered: 11/20/2007)
2007-11-20 534 0 REPLY MEMORANDUM OF LAW in Support re: 516 MOTION to Compel The Production Of Documents In Their Entirety.. Document filed by Arthur Joaquim De Carvalho, Opportunity Fund, Opportunity Prime Investment Services, Ltd, Opportunity Equity Partners Ltd., Daniel Valente Dantas. (Attachments: # 1 Exhibit 16)(Korologos, Philip) (Entered: 11/20/2007)
2007-11-20 535 0 ORDER: for reasons further set forth in said Order, plaintiff's 503 Motion to Compel is granted in all respects. Defendants 508 Motion for a Protective Order is denied in all respects. In addition, the following schedule will govern subsequent proceedings in this case - Fact Discovery due 5/1/08. Initial Expert Reports served by 5/22/08. Rebuttal Expert Reports served by 6/12/08. Expert Discovery due 7/14/07. The Joint Pretrial Order, any Motions for Summary Judgment and Requests to Charge shall be served and filed by 7/28/07. (Signed by Judge Lewis A. Kaplan on 11/20/07) (db) (Entered: 11/20/2007)
2007-11-20 536 0 ORDER: for reasons further set forth in said Order, defendant's 516 Motion to Compel is granted to the extent that plaintiffs shall produce unredacted copies of Exhibits 9 and 10. It is denied in all other respects. (Signed by Judge Lewis A. Kaplan on 11/20/07) (db) (Entered: 11/20/2007)
2007-11-21 537 0 RESPONSE in Opposition re: 532 MOTION to Compel PRODUCTION OF DOCUMENTS RELATED TO THE REMOVAL OF BANCO OPPORUNITY S.A.. /Plaintiffs' Opposition to Defendant Banco Opportunity's Motion to Compel Production of Documents, dated November 21, 2007. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, Citigroup Venture Capital International Brazil, L.P., Citibank N.A., Citigroup, Inc., International Equity Investments, Inc.. (Boccuzzi, Carmine) (Entered: 11/21/2007)
2007-11-28 538 0 ORDER: The 532 Motion of Banco Opportunity S.A. to Compel Production of Documents is DENIED as further set forth in said Order. (Signed by Judge Lewis A. Kaplan on 11/27/07) (db) (Entered: 11/28/2007)
2007-11-29 539 0 CERTIFICATE OF SERVICE of Plantiffs' Opposition to Defendant Banco Opportunity's Motion to Compel Production of Documents on November 21, 2007. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, Citigroup Venture Capital International Brazil, L.P., Citibank N.A., Citigroup, Inc., International Equity Investments, Inc.. (Boccuzzi, Carmine) (Entered: 11/29/2007)
2007-12-05 541 0 MOTION to Compel the Production of Documents Relevant to the Counterclaims. Document filed by Opportunity Fund. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Korologos, Philip) (Entered: 12/05/2007)
2007-12-06 542 0 AFFIDAVIT OF SERVICE of Opportunity Defendants' Opposition to Plaintiffs' Motion to Lift an Attorneys' Eyes Only Designation and for a Protective Order to Adjourn a Deposition served on Opposing Counsel on 12/05/2007. Document filed by Arthur Joaquim De Carvalho, Opportunity Fund, Opportunity Prime Investment Services, Ltd, Opportunity Equity Partners Ltd., Daniel Valente Dantas. (Korologos, Philip) (Entered: 12/06/2007)
2007-12-06 544 0 NOTICE OF APPEARANCE by Eric Brenner on behalf of Arthur Joaquim De Carvalho, Opportunity Fund, Opportunity Prime Investment Services, Ltd, Opportunity Equity Partners Ltd., Daniel Valente Dantas (Brenner, Eric) (Entered: 12/06/2007)
2007-12-07 545 0 STIPULATION AND CONSENT ORDER, that all counterclaim-defendant shall have until and including December 13, 2007 to reply to counterclaim-plaintiff's opposition to the motion to dismiss. Set Deadlines/Hearing as to 496 MOTION to Dismiss / Notice of Motion to Dismiss Defendant Opportunity Fund's Counterclaims Pursuant to Federal Rule of Civil Procedure 12(b)(6), Dated September 18, 2007. MOTION to Dismiss / Notice of Motion to Dismiss Defendant Opportunity Fund's Counterclaims Pursuant to Federal Rule of Civil Procedure 12(b)(6), Dated September 18, 2007.:( Replies due by 12/13/2007.) (Signed by Judge Lewis A. Kaplan on 12/7/07) (tro) (Entered: 12/07/2007)
2007-12-07 547 0 RESPONSE in Opposition re: 516 MOTION to Compel The Production Of Documents In Their Entirety. Opposition to Defendant Opportunity Fund's Motion to Compel Production of Documents, dated December 7, 2007. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, Citigroup Venture Capital International Brazil, L.P., Citibank N.A., Citigroup, Inc., International Equity Investments, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Zelbo, Howard) (Entered: 12/07/2007)
2007-12-10 548 0 AFFIDAVIT OF SERVICE of Opportunity Defendants and Counterclaim Plaintiffs Surreply in Opposition to Plaintiffs Motion to Lift and Attorneys Eyes Only Designation and for a Protective Order to Adjourn a Deposition served on Opposing Counsel on 12/10/2007. Document filed by Arthur Joaquim De Carvalho, Opportunity Fund, Opportunity Prime Investment Services, Ltd, Opportunity Equity Partners Ltd., Daniel Valente Dantas. (Korologos, Philip) (Entered: 12/10/2007)
2007-12-11 550 0 CERTIFICATE OF SERVICE of Andrew M. Scott re service of Opposition to Defendant Opportunity Fund's Motion to Compel Production of Documents on December 7, 2007. Service was made by Hand and Federal Express. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, Citigroup Venture Capital International Brazil, L.P., Citibank N.A., Citigroup, Inc., International Equity Investments, Inc.. (Zelbo, Howard) (Entered: 12/11/2007)
2007-12-11 551 0 REPLY to Response to Motion re: 541 MOTION to Compel the Production of Documents Relevant to the Counterclaims. Opportunity Fund's Reply In Support Of Motion to Compel The Production Of Documents Relevant To The Counterclaims. Document filed by Opportunity Fund. (Attachments: # 1 Certificate of Service)(Brenner, Eric) (Entered: 12/11/2007)
2007-12-13 553 0 ORDER: Plaintiff moves to lift the "Attorneys' Eys Only" designations with respect to certain materials and to adjourn a deposition scheduled to begin today. The motion is granted only to the extent that discovery with respect to the counterclaims, including the deposition noticed to begin today, is stayed pending determination of the motion to dismiss. The motion is denied without prejudice in all other respects. (Signed by Judge Lewis A. Kaplan on 12/13/07) (db) (Entered: 12/13/2007)
2007-12-13 554 0 DECLARATION of Christopher John Brougham, QC dated December 12, 2007 in Support re: 496 MOTION to Dismiss / Notice of Motion to Dismiss Defendant Opportunity Fund's Counterclaims Pursuant to Federal Rule of Civil Procedure 12(b)(6), Dated September 18, 2007.. MOTION to Dismiss / Notice of Motion to Dismiss Defendant Opportunity Fund's Counterclaims Pursuant to Federal Rule of Civil Procedure 12(b)(6), Dated September 18, 2007... Document filed by Citibank N.A., Citigroup, Inc., Citigroup Venture Capital International Brazil, L.P., Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Attachments: # 1 Exhibit A)(Boccuzzi, Carmine) (Entered: 12/13/2007)
2007-12-13 555 0 DECLARATION of Guy Anthony Locke dated December 13, 2007 in Support re: 496 MOTION to Dismiss / Notice of Motion to Dismiss Defendant Opportunity Fund's Counterclaims Pursuant to Federal Rule of Civil Procedure 12(b)(6), Dated September 18, 2007.. MOTION to Dismiss / Notice of Motion to Dismiss Defendant Opportunity Fund's Counterclaims Pursuant to Federal Rule of Civil Procedure 12(b)(6), Dated September 18, 2007... Document filed by Citibank N.A., Citigroup, Inc., Citigroup Venture Capital International Brazil, L.P., Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Boccuzzi, Carmine) (Entered: 12/13/2007)
2007-12-13 556 0 REPLY MEMORANDUM OF LAW in Support re: 496 MOTION to Dismiss / Notice of Motion to Dismiss Defendant Opportunity Fund's Counterclaims Pursuant to Federal Rule of Civil Procedure 12(b)(6), Dated September 18, 2007.. MOTION to Dismiss / Notice of Motion to Dismiss Defendant Opportunity Fund's Counterclaims Pursuant to Federal Rule of Civil Procedure 12(b)(6), Dated September 18, 2007... Document filed by Citibank N.A., Citigroup, Inc., Citigroup Venture Capital International Brazil, L.P., Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Attachments: # 1 Addendum)(Boccuzzi, Carmine) (Entered: 12/13/2007)
2007-12-13 557 0 ORDER that in view of the stay of discovery with respect to the counterclaims, Opportunity Fund's motion to compel documents (DI 541) is denied without prejudice to renewal should the stay be lifted. (Signed by Judge Lewis A. Kaplan on 12/13/07) (dle) (Entered: 12/14/2007)
2007-12-14 558 0 CERTIFICATE OF SERVICE of the Declaration of Christopher John Brougham, QC with Exhibit A and the Declaration of Guy Anthony Locke in Support of Motion to Dismiss; and the Reply Memorandum of Law in Support of Counterclaim-Defendants' Motion to Dismiss Opportunity Fund's Counterclaims Pursuant to Federal Rule of Civil Procedure 12(b)(6) with Addendum 554 555 556 on December 13, 2007. Document filed by Citibank N.A., Citigroup, Inc., Citigroup Venture Capital International Brazil, L.P., Opportunity Equity Partners Ltd., Citigroup Venture Capital Int'l Brazil, LLC, International Equity Investments, Inc.. (Boccuzzi, Carmine) (Entered: 12/14/2007)
2007-12-26 559 0 MOTION for Reconsideration OF THE ORDER ISSUED BY THIS COURT, DATED DECEMBER 13, 2007, STAYING DISCOVERY WITH RESPECT TO OPPORTUNITY FUNDS COUNTERCLAIMS. Document filed by Opportunity Fund. (Attachments: # 1 Exhibit Exhibit A Fully Redacted, # 2 Exhibit Exhibit B fully redacted, # 3 Certificate of Service)(Korologos, Philip) (Entered: 12/26/2007)
2008-01-07 563 0 ORDER denying 559 Motion for Reconsideration. The Opportunity Defendants' motion for reconsideration (DI 559 ) is denied. (Signed by Judge Lewis A. Kaplan on 1/7/08) (tro) (Entered: 01/07/2008)
2008-02-06 564 0 MOTION for Preliminary Injunction /Notice of Motion for a Preliminary Injunction, dated February 6, 2008. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, Citigroup Venture Capital International Brazil, L.P., International Equity Investments, Inc..(Boccuzzi, Carmine) (Entered: 02/06/2008)
2008-02-06 565 0 AFFIDAVIT of Carmine D. Boccuzzi in Support re: 564 MOTION for Preliminary Injunction /Notice of Motion for a Preliminary Injunction, dated February 6, 2008.. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, Citigroup Venture Capital International Brazil, L.P., International Equity Investments, Inc.. (Boccuzzi, Carmine) (Entered: 02/06/2008)
2008-02-06 566 0 DECLARATION of Jean A. Lee in Support re: 564 MOTION for Preliminary Injunction /Notice of Motion for a Preliminary Injunction, dated February 6, 2008.. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, Citigroup Venture Capital International Brazil, L.P., International Equity Investments, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, Part 1, # 17 Exhibit P, Part 2, # 18 Exhibit Q, # 19 Exhibit R, # 20 Exhibit S, # 21 Appendix Partial Deposition Transcripts)(Boccuzzi, Carmine) (Entered: 02/06/2008)
2008-02-06 567 0 DECLARATION of Mary Lynn Putney in Support of Plaintiffs' Motion for a Preliminary Injunction, dated February 6, 2008, in Support re: 564 MOTION for Preliminary Injunction /Notice of Motion for a Preliminary Injunction, dated February 6, 2008.. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, Citigroup Venture Capital International Brazil, L.P., International Equity Investments, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Boccuzzi, Carmine) (Entered: 02/06/2008)
2008-02-06 568 0 DECLARATION of Christopher John Brougham, QC, dated February 6, 2008, in Support re: 564 MOTION for Preliminary Injunction /Notice of Motion for a Preliminary Injunction, dated February 6, 2008.. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, Citigroup Venture Capital International Brazil, L.P., International Equity Investments, Inc.. (Boccuzzi, Carmine) (Entered: 02/06/2008)
2008-02-06 569 0 MEMORANDUM OF LAW in Support re: 564 MOTION for Preliminary Injunction /Notice of Motion for a Preliminary Injunction, dated February 6, 2008.. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, Citigroup Venture Capital International Brazil, L.P., International Equity Investments, Inc.. (Attachments: # 1 Appendix A, # 2 Appendix B)(Boccuzzi, Carmine) (Entered: 02/06/2008)
2008-02-08 570 0 CERTIFICATE OF SERVICE of items 564, 565, 566, 567, 568, and 569 on this docket on February 6, 2008. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, Citigroup Venture Capital International Brazil, L.P., International Equity Investments, Inc.. (Boccuzzi, Carmine) (Entered: 02/08/2008)
2008-02-19 571 0 ENDORSED LETTER addressed to Judge Lewis A. Kaplan from Philip C. Korologos dated 2/15/08 re: Counsel for defendant requests the following schedule, amending the return date and briefing schedule originally set forth in Plaintiffs' February 6, 2008 Notice of Motion as follows: 1: Defendants' response briefs due 2/26/08. Plaintiffs' Reply briefs due March 3, 2008 at or before 2:00 allow delivery to chambers on March 3) 3. Argument, due 3/6/08 at 9:30. ENDORSEMENT: Application GRANTED. So Ordered. (Signed by Judge John G. Koeltl on 2/19/08) (js) (Entered: 02/19/2008)
2008-02-26 572 0 MEMORANDUM OF LAW in Opposition re: 564 MOTION for Preliminary Injunction /Notice of Motion for a Preliminary Injunction, dated February 6, 2008.. Document filed by Arthur Joaquim De Carvalho, Opportunity Prime Investment Services, Ltd, Opportunity Equity Partners Ltd., Daniel Valente Dantas. (Korologos, Philip) (Entered: 02/26/2008)
2008-02-26 573 0 DECLARATION of Arthur Joaquim de Carvalho in Opposition re: 564 MOTION for Preliminary Injunction /Notice of Motion for a Preliminary Injunction, dated February 6, 2008.. Document filed by Arthur Joaquim De Carvalho, Opportunity Prime Investment Services, Ltd, Opportunity Equity Partners Ltd., Daniel Valente Dantas. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Korologos, Philip) (Entered: 02/26/2008)
2008-02-26 574 0 DECLARATION of Eric Brenner in Opposition re: 564 MOTION for Preliminary Injunction /Notice of Motion for a Preliminary Injunction, dated February 6, 2008.. Document filed by Arthur Joaquim De Carvalho, Opportunity Fund, Opportunity Prime Investment Services, Ltd, Opportunity Equity Partners Ltd., Daniel Valente Dantas. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2 Part 1, # 3 Exhibit 2 Part 2, # 4 Exhibit 2 Part 3, # 5 Exhibit 4 (filed under seal), # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9 (filed under seal), # 11 Exhibit 10 (filed under seal), # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Appendix Portions of Deposition Transcript of D. Dantas (Filed Under Seal), # 16 Appendix Portions of Deposition Transcript of M. L. Putney (filed under seal), # 17 Exhibit 3 (filed under seal))(Brenner, Eric) (Entered: 02/26/2008)
2008-02-27 576 0 MOTION to Compel /Plaintiffs' Motion to Compel Production of Highlake Documents, dated February 27, 2008. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, Citigroup Venture Capital International Brazil, L.P., International Equity Investments, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Boccuzzi, Carmine) (Entered: 02/27/2008)
2008-02-28 577 0 CERTIFICATE OF SERVICE of Plaintiffs' Motion to Compel Production of Highlake Documents with Exhibits A though K served on Boies, Schiller & Flexner LLP and Quinn Emanuel Urquhart Oliver & Hedges, LLP on February 27, 2008. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, Citigroup Venture Capital International Brazil, L.P., International Equity Investments, Inc.. (Boccuzzi, Carmine) (Entered: 02/28/2008)
2008-02-29 579 0 CERTIFICATE OF SERVICE. Document filed by Arthur Joaquim De Carvalho, Opportunity Fund, Opportunity Prime Investment Services, Ltd, Opportunity Equity Partners Ltd., Daniel Valente Dantas. (Brenner, Eric) (Entered: 02/29/2008)
2008-02-29 580 0 MEMORANDUM OF LAW in Opposition re: 576 MOTION to Compel /Plaintiffs' Motion to Compel Production of Highlake Documents, dated February 27, 2008.. Document filed by Arthur Joaquim De Carvalho, Opportunity Fund, Opportunity Prime Investment Services, Ltd, Opportunity Equity Partners Ltd., Daniel Valente Dantas. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Brenner, Eric) (Entered: 02/29/2008)
2008-02-29 581 0 DECLARATION of William John Helfrecht in Opposition re: 576 MOTION to Compel /Plaintiffs' Motion to Compel Production of Highlake Documents, dated February 27, 2008.. Document filed by Arthur Joaquim De Carvalho, Opportunity Fund, Opportunity Prime Investment Services, Ltd, Opportunity Equity Partners Ltd., Daniel Valente Dantas. (Attachments: # 1 Exhibit 1)(Brenner, Eric) (Entered: 02/29/2008)
2008-02-29 582 0 DECLARATION of Danielle Silbergleid Ninio in Opposition re: 576 MOTION to Compel /Plaintiffs' Motion to Compel Production of Highlake Documents, dated February 27, 2008.. Document filed by Arthur Joaquim De Carvalho, Opportunity Fund, Opportunity Prime Investment Services, Ltd, Opportunity Equity Partners Ltd., Daniel Valente Dantas. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4 Redacted, # 5 Exhibit 5 Redacted, # 6 Exhibit 6 Redacted, # 7 Exhibit 7 Redacted)(Brenner, Eric) (Entered: 02/29/2008)
2008-02-29 583 0 CERTIFICATE OF SERVICE. Document filed by Arthur Joaquim De Carvalho, Opportunity Fund, Opportunity Prime Investment Services, Ltd, Opportunity Equity Partners Ltd., Daniel Valente Dantas. (Brenner, Eric) (Entered: 02/29/2008)
2008-03-03 584 0 DECLARATION of Adam Shajnfeld in Support re: 564 MOTION for Preliminary Injunction /Notice of Motion for a Preliminary Injunction, dated February 6, 2008.. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, Citigroup Venture Capital International Brazil, L.P., International Equity Investments, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Transcript Excerpts)(Boccuzzi, Carmine) (Entered: 03/03/2008)
2008-03-03 585 0 REPLY MEMORANDUM OF LAW in Support re: 564 MOTION for Preliminary Injunction /Notice of Motion for a Preliminary Injunction, dated February 6, 2008.. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, Citigroup Venture Capital International Brazil, L.P., International Equity Investments, Inc.. (Boccuzzi, Carmine) (Entered: 03/03/2008)
2008-03-03 586 0 REPLY to Response to Motion re: 576 MOTION to Compel /Plaintiffs' Motion to Compel Production of Highlake Documents, dated February 27, 2008.. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, Citigroup Venture Capital International Brazil, L.P., International Equity Investments, Inc.. (Attachments: # 1 Exhibit A)(Boccuzzi, Carmine) (Entered: 03/03/2008)
2008-03-03 587 0 ORDER: Plaintiffs' motion, document 576, is granted in all respects. Opportunity Equity Partners, Ltd. Daniel Dantas, Arthur Cavalho, Opportunity Fund and Opportunity Prime Investment Services Ltd., and each of them, is hereby ordered to produce to plaintiffs, on or before March 17, 2008, all documents concerning Highlake, including but not limited to the promissory note purportedly issued in 2005 by Highlake to Opportunity Fund and documents concerning that note and any other loan or transfer of funds from Opportunity Fund to Highlake in 2005. (Signed by Judge Lewis A. Kaplan on 3/3/2008) (jpo) (Entered: 03/03/2008)
2008-03-03 588 0 MOTION to Compel. Document filed by Arthur Joaquim De Carvalho, Opportunity Fund, Opportunity Prime Investment Services, Ltd, Opportunity Equity Partners Ltd., Daniel Valente Dantas. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Korologos, Philip) (Entered: 03/03/2008)
2008-03-04 589 0 CERTIFICATE OF SERVICE of Richard V. Conza of Declaration of Adam Shajnfeld and Reply Memorandum of Law in Support of Plantiffs' Motion for a Preliminary Injunction on March 3, 2008. Service was made by Hand. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, Citigroup Venture Capital International Brazil, L.P., International Equity Investments, Inc.. (Boccuzzi, Carmine) (Entered: 03/04/2008)
2008-03-04 591 0 CERTIFICATE OF SERVICE of Richard V. Conza of Plantiffs' Reply in Support of Motion to Compel Production of Highlake Documents with Exhibit A on March 3, 2008. Service was made by Hand. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, Citigroup Venture Capital International Brazil, L.P., International Equity Investments, Inc.. (Boccuzzi, Carmine) (Entered: 03/04/2008)
2008-03-04 592 0 CERTIFICATE OF SERVICE of DEFENDANTS' MOTION TO COMPEL RESPONSES TO THEIR THIRD SET OF INTERROGATORIES AND FOURTH REQUEST FOR THE PRODUCTION OF DOCUMENTS served on CLEARY GOTTLIEB STEEN AND HAMILTON on MARCH 3, 2008. Document filed by Arthur Joaquim De Carvalho, Opportunity Fund, Opportunity Prime Investment Services, Ltd, Opportunity Equity Partners Ltd., Daniel Valente Dantas. (Korologos, Philip) (Entered: 03/04/2008)
2008-03-05 593 0 RESPONSE in Opposition re: 588 MOTION to Compel. /Opposition to Defendants' Motion to Compel Responses to their Third Set of Interrogatories and Fourth Request for the Production of Documents, dated March 5, 2008. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, Citigroup Venture Capital International Brazil, L.P., International Equity Investments, Inc.. (Boccuzzi, Carmine) (Entered: 03/05/2008)
2008-03-06 594 0 REPLY MEMORANDUM OF LAW in Support re: 588 MOTION to Compel.. Document filed by Arthur Joaquim De Carvalho, Opportunity Fund, Opportunity Prime Investment Services, Ltd, Opportunity Equity Partners Ltd., Daniel Valente Dantas. (Korologos, Philip) (Entered: 03/06/2008)
2008-03-06 595 0 CERTIFICATE OF SERVICE of Defendants Reply Memorandum in Further Support of Their Motion to Compel Responses to Their Third Set of Interrogatories and Fourth Request for the Production of Documents. Document filed by Arthur Joaquim De Carvalho, Opportunity Fund, Opportunity Prime Investment Services, Ltd, Opportunity Equity Partners Ltd., Daniel Valente Dantas. (Korologos, Philip) (Entered: 03/06/2008)
2008-03-07 596 0 CERTIFICATE OF SERVICE of Opposition to Defendants' Motion to Compel Responses to Their Third Set of Interrogatories and Fourth Request for the Production of Documents with Exhibits A through D on March 5, 2008. Service was made by Hand and Federal Express. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, Citigroup Venture Capital International Brazil, L.P., International Equity Investments, Inc.. (Boccuzzi, Carmine) (Entered: 03/07/2008)
2008-03-10 597 0 ENDORSED LETTER addressed to Judge Lewis A. Kaplan from Carmine D. Boccuzzi dated 3/10/08 re: The parties request that the hearing on plaintiffs' preliminary injunction motion be adjourned. The parties respectfully that the Court hear the parties in the event we are not able to finalize an escrow agreement on acceptable terms by the end of this week. Separate from the preliminary injunction issues discussed herein, by letter dated 3/6/08 Mr. Korologos requested that the appearance before the Court scheduled for 2:30pm on 3/10/08 be utilized as a status conference on discovery for the reasons set forth in his letter of 3/6/08. Plaintiffs' opposition is that a status conference is not necessary. ENDORSEMENT: The hearing previously scheduled for today is adjourned to 3/17/08 at 2:30 pm. The Court sees no need for a conference., Set Deadlines/Hearing as to 564 MOTION for Preliminary Injunction /Notice of Motion for a Preliminary Injunction, dated February 6, 2008:( Motion Hearing set for 3/17/2008 at 02:30 PM before Judge Lewis A. Kaplan.) (Signed by Judge Lewis A. Kaplan on 3/10/08) (tro) (Entered: 03/10/2008)
2008-03-18 598 0 ORDER granting 588 Motion to Compel. Defendants' motion to compel discovery [docket item 588] is granted to the extent that plaintiffs, on or before 3/28/08, shall (a) respond to defendants' Third Set of Interrogatories to the extent of providing a computation of the damages alleged for each claim set forth in the Fourth Amended Complaint, and (b) produce any documents that show the computation of such damages and that (i) have not previously been produced, and (ii) are not subject to claims of privilege or work product protection. (Signed by Judge Lewis A. Kaplan on 3/18/08) (tro) (Entered: 03/18/2008)
2008-03-18 599 0 MOTION for Extension of Time to Complete Discovery. Document filed by Arthur Joaquim De Carvalho, Opportunity Fund, Opportunity Prime Investment Services, Ltd, Opportunity Equity Partners Ltd., Daniel Valente Dantas.(Korologos, Philip) (Entered: 03/18/2008)
2008-03-18 600 0 CERTIFICATE OF SERVICE of Motion for Extension of Time to Complete Discovery. Document filed by Arthur Joaquim De Carvalho, Opportunity Fund, Opportunity Prime Investment Services, Ltd, Opportunity Equity Partners Ltd., Daniel Valente Dantas. (Korologos, Philip) (Entered: 03/18/2008)
2008-03-19 601 0 MOTION for Protective Order / Plaintiffs' Motion for a Protective Order, dated March 19, 2008. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, Citigroup Venture Capital International Brazil, L.P., International Equity Investments, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Boccuzzi, Carmine) (Entered: 03/19/2008)
2008-03-20 602 0 CERTIFICATE OF SERVICE of Plaintiffs' Motion for a Protective Order with Exhibits A and B served on Defendants on March 19, 2008. Service was made by hand or Federal Express and by e-mail transmission. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, Citigroup Venture Capital International Brazil, L.P., International Equity Investments, Inc.. (Boccuzzi, Carmine) (Entered: 03/20/2008)
2008-03-20 603 0 RESPONSE in Opposition re: 599 MOTION for Extension of Time to Complete Discovery. /Opposition To Defendants' Motion To Extend Discovery Deadlines, dated March 20, 2008. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, Citigroup Venture Capital International Brazil, L.P., International Equity Investments, Inc.. (Attachments: # 1 Exhibit A)(Boccuzzi, Carmine) (Entered: 03/20/2008)
2008-03-21 605 0 ENDORSED LETTER addressed to Judge Lewis A. Kaplan from George F. Carpinello dated 3/20/08 re: Defendants request an extension until 3/25/08 to submit a response to Plaintiffs' Motion for Protective Order and a Cross-Move to Compel the Deposition of Sir Win Bischoff. parties have agreed to adjourn the deposition from 3/27/08 to a mutually convenient date. ENDORSEMENT: Granted. Set Deadlines/Hearing as to 601 MOTION for Protective Order / Plaintiffs' Motion for a Protective Order, dated March 19, 2008 :( Responses due by 3/25/2008) (Signed by Judge Lewis A. Kaplan on 3/21/08) (tro) (Entered: 03/21/2008)
2008-03-21 606 0 STIPULATION AND CONSENT ORDER: Defendants, and their officers, agents, servants, employees and attorneys, and all those person in active concert or participation with them who receive actual notice of this Order by personal service or otherwise, shall not sell, assign, transfer or in any way encumber any equity interest in, or take any action that would impair the value or dissipate the assets of, Highlake International Business Company, Ltd., TPSA Investment Corp. or TPSA so Brasil Ltda., absent leave of Court on notice to plaintiffs. Provided, however, that nothing in this Stipulation shall prevent plaintiffs or defendants from taking any action permitted by Highlake Agreement, or the Escrow Agreement referenced therein and it is further ORDERED that the motion for a preliminary injunction is denied as moot. (Signed by Judge Lewis A. Kaplan on 3/20/08) (tro) (Entered: 03/21/2008)
2008-03-21 608 0 REPLY MEMORANDUM OF LAW in Support re: 599 MOTION for Extension of Time to Complete Discovery.. Document filed by Arthur Joaquim De Carvalho, Opportunity Fund, Opportunity Prime Investment Services, Ltd, Opportunity Equity Partners Ltd., Daniel Valente Dantas. (Korologos, Philip) (Entered: 03/21/2008)
2008-03-21 609 0 CERTIFICATE OF SERVICE. Document filed by Arthur Joaquim De Carvalho, Opportunity Fund, Opportunity Prime Investment Services, Ltd, Opportunity Equity Partners Ltd., Daniel Valente Dantas. (Korologos, Philip) (Entered: 03/21/2008)
2008-03-24 610 0 CERTIFICATE OF SERVICE of Opposition to Defendants' Motion to Extend Discovery Deadlines on March 20, 2008. Service was made by Hand. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, Citigroup Venture Capital International Brazil, L.P., International Equity Investments, Inc.. (Boccuzzi, Carmine) (Entered: 03/24/2008)
2008-03-24 611 0 ORDER: The 599 Motion for Extension of Time to Complete Discovery is DENIED. Insofar as defendants complain of the stay of discovery pending disposition of the motion to dismiss the counterclaims, there will be enough time for discovery in that area in the event the counterclaims untimely are sustained. (Signed by Judge Lewis A. Kaplan on 3/24/08) (db) (Entered: 03/24/2008)
2008-03-26 613 0 TRANSCRIPT of proceedings held on 2/6/08 before Judge Lewis A. Kaplan. (jw) (Entered: 03/26/2008)
2008-03-26 614 0 MOTION for Reconsideration re; 611 Order on Motion for Extension of Time to Complete Discovery, and Motion to Partially Lift Stay to Permit, or to Otherwise Permit, Renewal of December 5, 2007 Motion to Compel Production of Documents. Document filed by Arthur Joaquim De Carvalho, Opportunity Fund, Opportunity Prime Investment Services, Ltd, Opportunity Equity Partners Ltd., Daniel Valente Dantas. (Attachments: # 1 Exhibit Part 1 of 2, # 2 Exhibit 1 part 2 of 2)(Korologos, Philip) (Entered: 03/26/2008)
2008-03-26 615 0 AFFIDAVIT OF SERVICE of Defendants' Motion to Reconsider the Court's Order of March 24, 2008 Denying Defendants' Motion to Extend Discovery and Motion to Partially Lift Stay to Permit, or to Otherwise Permit, Renewal of December 5, 2007 Motion to Compel Production of Documents on 3/26/2008. Document filed by Arthur Joaquim De Carvalho, Opportunity Fund, Opportunity Prime Investment Services, Ltd, Opportunity Equity Partners Ltd., Daniel Valente Dantas. (Korologos, Philip) (Entered: 03/26/2008)
2008-03-27 616 0 MOTION to Amend/Correct / Notice of Motion Pursuant to Federal Rule of Civil Procedure 15 for Leave to File an Amended Complaint, dated March 27, 2008. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, Citigroup Venture Capital International Brazil, L.P., International Equity Investments, Inc.. (Attachments: # 1 Appendix Addendum A, # 2 Appendix Addendum B)(Boccuzzi, Carmine) (Entered: 03/27/2008)
2008-03-27 617 0 MEMORANDUM OF LAW in Support re: 616 MOTION to Amend/Correct / Notice of Motion Pursuant to Federal Rule of Civil Procedure 15 for Leave to File an Amended Complaint, dated March 27, 2008.. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, Citigroup Venture Capital International Brazil, L.P., International Equity Investments, Inc.. (Boccuzzi, Carmine) (Entered: 03/27/2008)
2008-03-27 618 0 REPLY MEMORANDUM OF LAW in Support re: 601 MOTION for Protective Order / Plaintiffs' Motion for a Protective Order, dated March 19, 2008. / Plaintiffs' Reply in Support of Motion for a Protective Order and In Opposition to Defendants' Motion Compelling the Deposition of Sir Win Bischoff. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, Citigroup Venture Capital International Brazil, L.P., International Equity Investments, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Boccuzzi, Carmine) (Entered: 03/27/2008)
2008-03-28 620 0 MEMORANDUM OF LAW in Opposition re: 601 MOTION for Protective Order / Plaintiffs' Motion for a Protective Order, dated March 19, 2008. Redacted. Document filed by Arthur Joaquim De Carvalho, Opportunity Fund, Opportunity Prime Investment Services, Ltd, Opportunity Equity Partners Ltd., Daniel Valente Dantas. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T)(Korologos, Philip) (Entered: 03/28/2008)
2008-03-28 621 0 TRANSCRIPT of proceedings held on 3-17-08 before Judge Lewis A. Kaplan. (sjo) (Entered: 03/28/2008)
2008-03-28 622 0 CERTIFICATE OF SERVICE of 616 and 617 , dated March 28, 2008. Service was made by Hand. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, Citigroup Venture Capital International Brazil, L.P., International Equity Investments, Inc.. (Boccuzzi, Carmine) (Entered: 03/28/2008)
2008-03-28 623 0 CERTIFICATE OF SERVICE of 618 , dated March 28, 2008. Service was made by Hand and E-mail. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, Citigroup Venture Capital International Brazil, L.P., International Equity Investments, Inc.. (Boccuzzi, Carmine) (Entered: 03/28/2008)
2008-04-01 625 0 ENDORSED LETTER addressed to Judge Lewis A. Kaplan from Philip C. Korologos dated 3/28/08 re: Request that Document 612 be removed entirely from the docket since it has been replaced with the redacted 620 version. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 3/31/08) (db) (Entered: 04/01/2008)
2008-04-04 626 0 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Intervene in Order to Seek Unsealing of Documents. Document filed by Luis Roberto Demarco Almeida. (Attachments: # 1 Affirmation of Andrea Bierstein, # 2 Exhibit A to Affirmation of Andrea Bierstein, # 3 Exhibit B to Affirmation of Andrea Bierstein, # 4 Exhibit C to Affirmation of Andrea Bierstein, # 5 Exhibit Continued C to Affirmation of Andrea Bierstein)(Bierstein, Andrea) Modified on 4/7/2008 (jar). (Entered: 04/04/2008)
2008-04-04 627 0 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: 626 MOTION to Intervene in Order to Seek Unsealing of Documents.. Document filed by Luis Roberto Demarco Almeida. (Bierstein, Andrea) Modified on 4/7/2008 (jar). (Entered: 04/04/2008)
2008-04-07 628 0 ENDORSED LETTER addressed to Judge Lewis A. Kaplan from Carmine Boccuzzi dated 4/4/08 re: Request for an additional one week to 4/11/08 for defendants' Reply In Support of Motion to Compel The Deposition of Sir Win Bischoff; Plaintiffs' Opposition to Defendants' Motion for Reconsideration, and Plaintiffs' Response to Defendants' Third Set of Interrogatories. ENDORSEMENT: Granted. ( Reply due by 4/11/2008. Response due by 4/11/2008) (Signed by Judge Lewis A. Kaplan on 4/7/08) (cd). (Entered: 04/08/2008)
2008-04-08 629 0 MOTION to Intervene in Order to Seek Unsealing of Documents. Document filed by Luis Roberto Demarco Almeida.(Bierstein, Andrea) (Entered: 04/08/2008)
2008-04-08 630 0 AFFIRMATION of Andrea Bierstein in Support re: 629 MOTION to Intervene in Order to Seek Unsealing of Documents.. Document filed by Luis Roberto Demarco Almeida. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Continued Exhibit C)(Bierstein, Andrea) (Entered: 04/08/2008)
2008-04-08 631 0 MEMORANDUM OF LAW in Support re: 629 MOTION to Intervene in Order to Seek Unsealing of Documents.. Document filed by Luis Roberto Demarco Almeida. (Bierstein, Andrea) (Entered: 04/08/2008)
2008-04-14 632 0 ENDORSED LETTER addressed to Judge Lewis A. Kaplan from Carmine D. Boccuzzi dated 4/11/08 re: The parties have agreed to extend, stay and toll by an additional one week all deadlines and dates in this action, including in particular to extend the deadline for filing and service of the following documents until Friday, 4/18/08: Defendants' Reply In Support of Motion to Compel the Deposition of Sir Win Bischoff; Plaintiffs' Opposition to Defendants' Motion for Reconsideration; and Plaintiffs' Responses to Defendants' Third Set of Interrogatories. ENDORSEMENT: Granted. (Signed by Judge Lewis A. Kaplan on 4/14/08) (tro) (Entered: 04/14/2008)
2008-04-18 633 0 ORDER denying 496 Motion to Dismiss; denying 601 Motion for Protective Order; denying 614 Motion for Reconsideration ; denying 616 Motion to Amend/Correct. All proceedings in this case, save those with respect to the motion to intervene and for other relief [docket 629] are stayed pending further order. (Signed by Judge Lewis A. Kaplan on 4/18/2008) (jpo) (kkc). (Additional attachment(s) added on 4/18/2008: # 1 Affidavit) (jpo). (Entered: 04/18/2008)
2008-04-18 634 0 ENDORSED LETTER addressed to Judge Lewis A. Kaplan from Howard S. Zelbo dated 4/16/2008 re: Requesting that the Court grant a two week extension of time to respond to Demarco's motion. ENDORSEMENT: Time extended until 4/24/2008. (Signed by Judge Lewis A. Kaplan on 4/18/2008) (jpo) (Entered: 04/18/2008)
2008-04-24 635 0 MEMORANDUM OF LAW in Opposition re: 629 MOTION to Intervene in Order to Seek Unsealing of Documents.. Document filed by Opportunity Fund, Opportunity Equity Partners Ltd.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Affidavit Certificate of Service)(Marsillo, William) (Entered: 04/24/2008)
2008-04-24 636 0 DECLARATION of Michael J. Byars in Opposition re: 629 MOTION to Intervene in Order to Seek Unsealing of Documents.. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, Citigroup Venture Capital International Brazil, L.P., Citibank N.A., Citigroup, Inc., International Equity Investments, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Boccuzzi, Carmine) (Entered: 04/24/2008)
2008-04-24 637 0 MEMORANDUM OF LAW in Opposition re: 629 MOTION to Intervene in Order to Seek Unsealing of Documents.. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, Citigroup Venture Capital International Brazil, L.P., Citibank N.A., Citigroup, Inc., International Equity Investments, Inc.. (Boccuzzi, Carmine) (Entered: 04/24/2008)
2008-04-29 638 0 CERTIFICATE OF SERVICE of 636 and 637 on April 24, 2008. Service was made by Express Mail and E-mail. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, Citigroup Venture Capital International Brazil, L.P., Citibank N.A., Citigroup, Inc., International Equity Investments, Inc.. (Boccuzzi, Carmine) (Entered: 04/29/2008)
2008-04-30 639 0 STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE PURSUANT TO FRCP 41(a)(1)(A)(ii) AND 41(c): All claims and counterclaims asserted in this action are dismissed with prejudice and without costs to any party. (Signed by Judge Lewis A. Kaplan on 4/30/08) (db) (Entered: 04/30/2008)
2008-05-01 640 0 REPLY AFFIRMATION of Marcelo Elias in Support re: 629 MOTION to Intervene in Order to Seek Unsealing of Documents.. Document filed by Luis Roberto Demarco Almeida. (Attachments: # 1 Exhibit Exhibit 1, Part 1, # 2 Exhibit Exhibit 1, Part 2, # 3 Exhibit Exhibit 2)(Bierstein, Andrea) (Entered: 05/01/2008)
2008-05-01 641 0 REPLY MEMORANDUM OF LAW in Support re: 629 MOTION to Intervene in Order to Seek Unsealing of Documents.. Document filed by Luis Roberto Demarco Almeida. (Bierstein, Andrea) (Entered: 05/01/2008)
2008-05-05 642 0 REPLY AFFIRMATION of Marcelo Elias (Corrected) in Support re: 629 MOTION to Intervene in Order to Seek Unsealing of Documents.. Document filed by Luis Roberto Demarco Almeida. (Attachments: # 1 Exhibit 1, Part 1, # 2 Exhibit 1, Part 2, # 3 Exhibit 2)(Bierstein, Andrea) (Entered: 05/05/2008)
2008-07-09 643 0 ORDER: Accordingly, the original parties shall file any response to this argument, including if they wish any showing of good cause, on or before July 17, 2008. So Ordered. (Signed by Judge Lewis A. Kaplan on 7/9/08) (js) (Entered: 07/10/2008)
2008-07-10 644 0 AFFIRMATION of Andrea Bierstein in Support re: 629 MOTION to Intervene in Order to Seek Unsealing of Documents.. Document filed by Luis Roberto Demarco Almeida. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Bierstein, Andrea) (Entered: 07/10/2008)
2008-07-17 645 0 SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: 629 MOTION to Intervene in Order to Seek Unsealing of Documents.. Document filed by Arthur Joaquim De Carvalho, Opportunity Fund, Opportunity Prime Investment Services, Ltd, Opportunity Equity Partners Ltd., Daniel Valente Dantas. (Korologos, Philip) (Entered: 07/17/2008)
2008-07-17 646 0 MEMORANDUM OF LAW in Opposition re: 629 MOTION to Intervene in Order to Seek Unsealing of Documents. /Plaintiffs' and Counterclaim Defendants' Sur-Reply In Opposition To Non-Party Luis Roberto Demarco Almeida's Motion To Intervene In Order to Seek Unsealing Of Documents. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, Citibank N.A., Citigroup, Inc., Citigroup Venture Capital International Brazil, L.P., International Equity Investments, Inc.. (Attachments: # 1 Addendum)(Boccuzzi, Carmine) (Entered: 07/17/2008)
2008-07-17 647 0 DECLARATION of Adam Shajnfeld re: 646 Memorandum of Law in Opposition,,. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, Citibank N.A., Citigroup, Inc., Citigroup Venture Capital International Brazil, L.P., International Equity Investments, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Boccuzzi, Carmine) (Entered: 07/17/2008)
2008-07-18 648 0 CERTIFICATE OF SERVICE of Opportunity Defendants' Supplemental Submission in Opposition to Non-Party Luis Roberto Demarco Almeida's Motion to Intervene in Order to Unseal Documents on 7/17/2008. Document filed by Arthur Joaquim De Carvalho, Opportunity Fund, Opportunity Prime Investment Services, Ltd, Opportunity Equity Partners Ltd., Daniel Valente Dantas. (Korologos, Philip) (Entered: 07/18/2008)
2008-07-21 649 0 CERTIFICATE OF SERVICE of Andrew M. Scott, dated July 18, 2008, in re [#646 & #647] on July 17, 2008. Service was made by Express Mail and E-mail. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, Citigroup Venture Capital International Brazil, L.P., Citibank N.A., Citigroup, Inc., International Equity Investments, Inc.. (Boccuzzi, Carmine) (Entered: 07/21/2008)
2008-09-30 650 0 NOTICE OF CASE REASSIGNMENT to Judge John G. Koeltl. Judge Lewis A. Kaplan is no longer assigned to the case due to Recusal. (mbe) (mbe). (Entered: 10/06/2008)
2008-10-31 651 0 AFFIRMATION of Second Supplemental Affirmation of Andrea Bierstein in Support re: 629 MOTION to Intervene in Order to Seek Unsealing of Documents.. Document filed by Luis Roberto Demarco Almeida. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Bierstein, Andrea) (Entered: 10/31/2008)
2008-11-05 652 0 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute: Motion to Intervene/Unseal Documents. Referred to Magistrate Judge Ronald L. Ellis. (Signed by Judge John G. Koeltl on 11/3/2008) (tve) (Entered: 11/05/2008)
2009-06-25 653 0 ENDORSED LETTER addressed to Judge John G. Koeltl from Paul J. Hanly, Jr. dated 6/23/09 re: On 4/8/08, while the case was still pending before Judge Kaplan, Demarco moved to intervene in this action in order to seek the unsealing of certain documents for use in proceedings in Brazil involving some of the parties to this case. On 4/30/08, Plaintiff and Defendants settled their dispute in this Court and dismissed the action between them, leaving only Demarco's motion to intervene pending. The motion was not made moot by settlement, as Demarco stills seeks the unsealing of documents filed with this Court. The motion to intervene was fully briefed in May, 2008. In July 2008, Demarco made a supplemental filing in a support of his motion. Notice of reassignment of the case to Your Honor was entered on 10/6/08. On 10/31/09, De Marco made a further filing to report on additional developments in the Brazilian proceedings. On 11/5/08, the Court assigned the case to Magistrate Judge Ronald Ellis for resolution of the motion to intervene. Counsel for Intervenor Luis Roberto Demarco Almeida write to respectfully to advise the Court of this state of affairs and to ask that the motion be decided as soon as possible. ENDORSEMENT: The motion has been referred to M.J. Ellis for a Report and Recommendation. (Signed by Judge John G. Koeltl on 6/24/09) (tro) (Entered: 06/25/2009)
2009-07-27 654 0 NOTICE OF APPEARANCE by Matthew Alan Katz on behalf of Opportunity Equity Partners Ltd. (Katz, Matthew) (Entered: 07/27/2009)
2010-03-02 655 0 MEMORANDUM OPINION & ORDER: #98605 Opportunity and Citigroup's confidentiality order does not warrant the application of a strong presumption against modification. Instead, after balancing the Parties' interests, the reasonableness of their reliance on the confidentiality order, the order itself, and the intervenor's purpose for seeking modification, Demarco is not entitled to modify the confidentiality order to assist litigation in Brazil. For the foregoing reasons, Demarco's motion to intervene is GRANTED, but permission to modify the confidentiality order is DENIED. SO ORDERED. (Signed by Magistrate Judge Ronald L. Ellis on 3/2/2010) (tve) Modified on 3/3/2010 (ajc). (Entered: 03/03/2010)
2010-03-16 656 0 Objection re: 655 Memorandum & Opinion,, of Magistrate Judge on Motion to Intervene and Unseal Documents. Document filed by Luis Roberto Demarco Almeida. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Bierstein, Andrea) (Entered: 03/16/2010)
2010-03-22 657 0 ORDER: The Court has received the objection of intervenor Luis Roberto Demarco Almeida to the Magistrate Judge's Memorandum Opinion and Order dated March 2, 2010. Any responses are due by March 30, 2010. (Signed by Judge John G. Koeltl on 3/20/2010) (jpo) (Entered: 03/22/2010)
2010-03-30 658 0 FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - OPPOSITION BRIEF re: 656 Objection (non-motion) (Response to Intervenor's Objection to Magistrate Judge Memorandum Opinion & Order Dated March 2, 2010). Document filed by Arthur Joaquim De Carvalho, Opportunity Fund, Opportunity Prime Investment Services, Ltd, Opportunity Equity Partners Ltd., Daniel Valente Dantas.(Katz, Matthew) Modified on 3/31/2010 (KA). (Entered: 03/30/2010)
2010-03-30 659 0 DECLARATION of Matthew A. Katz in Opposition re: 629 MOTION to Intervene in Order to Seek Unsealing of Documents.. Document filed by Arthur Joaquim De Carvalho, Opportunity Fund, Opportunity Prime Investment Services, Ltd, Opportunity Equity Partners Ltd., Daniel Valente Dantas. (Attachments: # 1 Exhibit Exhibit A, Part 1, # 2 Exhibit Exhibit A, Part 2, # 3 Exhibit Exhibits B through I)(Katz, Matthew) (Entered: 03/30/2010)
2010-03-30 660 0 MEMORANDUM OF LAW in Opposition re: 656 Objection (non-motion) ,dated March 30, 2010. Document filed by Citigroup Venture Capital Int'l Brazil, LLC, Citigroup Venture Capital International Brazil, L.P., Citibank N.A., Citigroup, Inc., International Equity Investments, Inc.. (Boccuzzi, Carmine) (Entered: 03/30/2010)
2010-03-31 661 0 RESPONSE re: 656 Objection (non-motion) Opportunity Parties' Response to Intervenor's Objection To The Memorandum Opinion & Order Dated March 2, 2010. Document filed by Arthur Joaquim De Carvalho, Opportunity Fund, Opportunity Prime Investment Services, Ltd, Opportunity Equity Partners Ltd., Daniel Valente Dantas. (Katz, Matthew) (Entered: 03/31/2010)
2010-03-31 662 0 CERTIFICATE OF SERVICE of Richard V. Conza dated March 31, 2010, 660 . Document filed by Citigroup Venture Capital Int'l Brazil, LLC, Citigroup Venture Capital International Brazil, L.P., Citibank N.A., Citigroup, Inc., International Equity Investments, Inc.. (Boccuzzi, Carmine) (Entered: 03/31/2010)
2010-04-12 663 0 MEMORANDUM OPINION AND ORDER, #99828 that the Court has received the Objection by Intervenor Luis Roberto Demarco Almeida ("Demarco") to the Opinion and Order of Magistrate Judge Ellis dated March 2, 2010, which granted Demarco's motion to intervene but denied his motion to modify the confidentiality Order in this case to allow him to access to certain documents. The Objection is overruled. The Court has also received the subsequent letter by counsel for Demarco dated April 6, 2010 in which counsel seeks to supplement the record, either before the Magistrate Judge or before this Court. There is nothing in the letter that undercuts the Magistrate Judge's conclusion. Counsel for Demarco points out that certain confidential documents were inadvertently filed in the public record and thereafter filed under seal. Counsel for Demarco points out that Demarco currently has those documents and they are not the subject of the motion. The chronology does not warrant supplementing the record and does not undercut the Magistrate Judge's findings. The letter demonstrates that the parties placed the records under seal when the error became known, and Demarco's counsel acknowledges that these specific documents could no longer be subject to the motion because Demarco has them. The motion to supplement the record is denied. (Signed by Judge John G. Koeltl on 4/10/10) (pl) Modified on 4/16/2010 (ajc). (Entered: 04/12/2010)
2010-05-10 664 0 NOTICE OF APPEAL from 663 Memorandum & Opinion. Document filed by Luis Roberto Demarco Almeida. Filing fee $ 455.00, receipt number E 903773. (nd) (Entered: 05/11/2010)
2011-04-14 665 0 MANDATE of USCA (Certified Copy) as to 664 Notice of Appeal filed by Luis Roberto Demarco Almeida USCA Case Number 10-1922-cv. Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 04/13/2011. (nd) (Entered: 04/14/2011)
2011-05-02 666 0 Costs Taxed as to 665 USCA Mandate, USCA Case Number 10-1922-cv. in the amount of $258.25. Docketed as Judgment #11,0804 on 5/3/2011 in favor of Appellees Opportunity Equity Partners Ltd., Daniel Valente Dantas,Opportunity Fund, Opportunity Prime Investment Services, Ltd, Arthur Joaquim De Carvalho against Appellant Luis Roberto Demarco Almeida. (nd) (Entered: 05/03/2011)