| Court: | nysd |
| Docket #: | 1:06-cv-02469 |
| Case Name: | The Export-Import Bank of The Republic of China v. Grenada |
| PACER case #: | 282436 |
| Date filed: | 2006-03-29 |
| Date terminated: | 2015-02-06 |
| Assigned to: | Judge William H. Pauley, III |
| Case Cause: | 28:1330 Breach of Contract |
| Nature of Suit: | 190 Contract: Other |
| Jury Demand: | None |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| The Export-Import Bank of The Republic of China Plaintiff |
Andrew Todd Solomon Emily Anne Samuels Paul Eliot Summit Courtney Evanchuk |
| Grenada Defendant |
Brian Edward Maas Donzell M Tucker Khianna Nadenne Bartholomew |
| Grenada Airports Authority Interested Party c/o The Law Office of Steven D. Greenblatt 480 Broadway, Suite 328 Saratoga Springs, NY 12866 (518) 824-1254 |
Steven David Greenblatt |
| Aviation Services of Grenada Ltd. Interested Party |
Steven David Greenblatt |
| Grenada Ports Authority Interested Party c/o The Law Office of Steven D. Greenblatt 480 Broadway, Suite 328 Saratoga Springs, NY 12866 (518) 824-1254 |
Steven David Greenblatt |
| National Water and Sewage Authority of Grenada Interested Party c/o The Law Office of Steven D. Greenblatt 480 Broadway, Suite 328 Saratoga Springs, NY 12866 (518) 824-1254 |
Steven David Greenblatt |
| Grenada Solid Waste Management Authority Interested Party c/o The Law Office of Steven D. Greenblatt 480 Broadway, Suite 328 Saratoga Springs, NY 12866 (518) 824-1254 |
Steven David Greenblatt |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2006-03-29 | 1 | 0 | COMPLAINT against Grenada. (Filing Fee $ 250.00, Receipt Number 574164)Document filed by The Export-Import Bank of The Republic of China.(mbe, ) Additional attachment(s) added on 4/3/2006 (jmi, ). (Entered: 03/30/2006) | |||
| 2006-03-29 | 2 | 0 | RULE 7.1 DISCLOSURE STATEMENT. Document filed by The Export-Import Bank of The Republic of China.(mbe, ) Additional attachment(s) added on 4/3/2006 (jmi, ). (Entered: 03/30/2006) | |||
| 2006-04-20 | 3 | 0 | AFFIDAVIT OF SERVICE of Summons and Complaint. Grenada served on 3/30/2006, answer due 4/19/2006. Service was accepted by Nora Dindal, Process Specialist of CT Corporation. Document filed by The Export-Import Bank of The Republic of China. (Solomon, Andrew) (Entered: 04/20/2006) | |||
| 2006-04-26 | 4 | 0 | AFFIDAVIT OF SERVICE of Copy of Judge's Letter served on Grenada on April 14, 2006. Service was accepted by Sabrina Ambrose, a Process Agent at CT Corporation, the Registered Agent for service of Process upon Grenada. Document filed by The Export-Import Bank of The Republic of China. (Attachments: # 1 Copy of Letter from Judge Baer)(Solomon, Andrew) (Entered: 04/26/2006) | |||
| 2006-06-26 | 5 | 0 | ANSWER to Complaint. Document filed by Grenada.(Tucker, Donzell) (Entered: 06/26/2006) | |||
| 2006-07-27 | 6 | 0 | SCHEDULING ORDER: Amended Pleadings due by 9/20/2006. Joinder of Parties due by 9/20/2006. Discovery due by 10/20/2006.Motions due by 11/30/2006. (Signed by Judge Harold Baer on 7/27/2006) (jmi, ) (Entered: 07/27/2006) | |||
| 2006-10-27 | 7 | 0 | ENDORSED LETTER addressed to Judge Harold Baer from Mr. Tucker dated 10/25/06 re: counsel requests an extension of the scheduling order for two months or until 1/30/07. This song was sung from the get go and while I know its all likely true-my agenda is a little different either we get a stipulation of discontinuance on 1/30/07 or fully briefed motion by that date or the matter will be dismissed on that date without prejudice and you can if you choose to bring again or not as the case may be. This extension is granted. (Signed by Judge Harold Baer on 10/27/06) (dle, ) (Entered: 10/30/2006) | |||
| 2006-12-21 | 8 | 0 | MOTION for Summary Judgment. Document filed by The Export-Import Bank of The Republic of China. Responses due by 1/8/2007 (Samuels, Emily) (Entered: 12/21/2006) | |||
| 2006-12-21 | 9 | 0 | DECLARATION of Emily Samuels in Support re: 8 MOTION for Summary Judgment.. Document filed by The Export-Import Bank of The Republic of China. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 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)(Samuels, Emily) (Entered: 12/21/2006) | |||
| 2006-12-21 | 10 | 0 | MEMORANDUM OF LAW in Support re: 8 MOTION for Summary Judgment.. Document filed by The Export-Import Bank of The Republic of China. (Attachments: # 1 Paintiff's 56.1 Statement of Unisputed Material Facts)(Samuels, Emily) (Entered: 12/21/2006) | |||
| 2007-02-06 | 11 | 0 | ORDER that plaintiff's motion for summary judgment is granted in its entirety in default. The clerk of the court is directed to close this motion and remove it from my docket. (Signed by Judge Harold Baer on 2/5/07) (dle) (Entered: 02/06/2007) | |||
| 2007-02-06 | 12 | 0 | CLERK'S JUDGMENT That for the reasons stated in the Court's Order dated February 5, 2007, plaintiffs motion for summary judgment is granted in its entirety in default; accordingly, the case is closed. (Signed by J. Michael McMahon, clerk on 2/6/07) (Attachments: # 1 notice of right to appeal)(ml) (Entered: 02/06/2007) | |||
| 2007-02-20 | 13 | 0 | MOTION to Alter Judgment re: 12 Clerk's Judgment,. Document filed by The Export-Import Bank of The Republic of China. (Attachments: # 1 DECLARATION OF PAUL E. SUMMIT IN SUPPORT OF MOTION TO AMEND AND FOR ATTORNEYS' FEES AND COSTS# 2 Exhibit A to Paul Summit Declaration# 3 Exhibit B to Paul E. Summit Declaration# 4 Exhibit C to Paul E. Summit Declaration# 5 Exhibit D to Paul E. Summit Declaration)(Samuels, Emily) (Entered: 02/20/2007) | |||
| 2007-02-20 | 14 | 0 | MEMORANDUM OF LAW in Support re: 13 MOTION to Alter Judgment re: 12 Clerk's Judgment,. MOTION to Alter Judgment re: 12 Clerk's Judgment,. Memorandum of Law in Support of Motion to Amend the Judgment and For Attorneys' Fees and Costs. Document filed by The Export-Import Bank of The Republic of China. (Samuels, Emily) (Entered: 02/20/2007) | |||
| 2007-03-16 | 15 | 0 | AMENDED JUDGMENT # 07,0501 amending 12 Clerk's Judgment,, in favor of The Export-Import Bank of The Republic of China against Grenada in the amount of $ 24,997,596.84. (Signed by Judge Harold Baer on 3/16/07) (Attachments: # 1 notice of right to appeal)(ml) (Entered: 03/16/2007) | |||
| 2008-03-06 | 16 | 0 | ENDORSED LETTER addressed to Judge Harold Baer from Paul Eliot Summit dated 2/29/2008 re: Requesting an informal conference concerning a discovery dispute. ENDORSEMENT: I'm glad to have a conference but this is a 2-year old case and while you have gone to great lengths to provide information, I remember well that the attorney for Grenada made it clear they didn't have the money and admitted that they owed the amount prayed for is there a new gold mine in Grenada? I have not read all these papers but I'm ready to grant the motion for what its worth if you and your adversary tell me what's changed first in a 2 page letter, I would be appreciative by 3/17/2008. (Signed by Judge Harold Baer on 3/6/2008) (jpo) (Entered: 03/06/2008) | |||
| 2008-03-19 | 17 | 0 | ENDORSED LETTER addressed to Judge Harold Baer, Jr. from Paul E. Summit dated 3/14/08 re: Export-Import Bank of the Republic of China request an informal conference, or, alternatively, requests permission to file and serve the Motion to Compel forthwith. ENDORSEMENT: I'm not sure what an informal conference will do my recollection is we've had several. I doubt you need my permission to file and serve discovery motions which is what I noted in my 3/4 endorsement. (Signed by Judge Harold Baer on 3/14/08) (pl) (Entered: 03/19/2008) | |||
| 2008-03-20 | 18 | 0 | MOTION to Compel Grenada's Response to Post Judgment Interrogatories. Document filed by The Export-Import Bank of The Republic of China.(Samuels, Emily) (Entered: 03/20/2008) | |||
| 2008-03-20 | 19 | 0 | MEMORANDUM OF LAW in Support re: 18 MOTION to Compel Grenada's Response to Post Judgment Interrogatories.. Document filed by The Export-Import Bank of The Republic of China. (Samuels, Emily) (Entered: 03/20/2008) | |||
| 2008-03-20 | 20 | 0 | DECLARATION of Emily A. Samuels in Support re: 18 MOTION to Compel Grenada's Response to Post Judgment Interrogatories.. Document filed by The Export-Import Bank of The Republic of China. (Attachments: # 1 Exhibit A (Part 1 of 4), # 2 Exhibit A (Part 2 of 4), # 3 Exhibit A (Part 3 of 4), # 4 Exhibit A (Part 4 of 4), # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F)(Samuels, Emily) (Entered: 03/20/2008) | |||
| 2008-04-18 | 21 | 0 | AFFIDAVIT OF SERVICE of Motion to Compel Grenada's Response to Post-Judgment Interrogatories served on Grenada on 3/20/08. Service was made by CERTIFIED MAIL. Document filed by The Export-Import Bank of The Republic of China. (Samuels, Emily) (Entered: 04/18/2008) | |||
| 2009-03-24 | 22 | 0 | ORDER: It is hereby Ordered that Plaintiff's motion to compel answers to Plaintiff's First Set of Post-Judgment Interrogatories to Defendant is granted. It is hereby ordered that Plaintiff shall respond to the interrogatories within 10 days of the service of this Order. It is hereby ordered that Defendant shall pay Plaintiff's reasonable attorney's fees, which the Court hereby fixes at $10,000. (Signed by Judge Harold Baer on 3/24/2009) (jfe) (Entered: 03/24/2009) | |||
| 2009-04-09 | 23 | 0 | AMENDED ORDER: NOW THEREFORE IT IS HEREBY ORDERED that Plaintiffs motion to compel answers to Plaintiffs First Set of Post Judgment Interrogatories to Defendant is granted; ORDERED that Defendant shall respond to the interrogatories within ten (10) days of the service of this Order: ORDERED that Defendant shall pay Plaintiffs reasonable attorney's fees. which theCourt hereby fixes at S10.000. So Ordered (Signed by Judge Harold Baer on 4/8/09) (js) (Entered: 04/10/2009) | |||
| 2009-04-20 | 24 | 0 | AFFIDAVIT OF SERVICE of Amended Order served on Allen McGuire (DoS: 04/15/09 via Mail), Dr. Denis G. Antoine (DoS: 04/15/09 via Mail), and Donzell Tucker, Esq. (DoS: 04/15/09 via Overnight), CT Corporation (DoS: 04/15/09 via Overnight); and Timothy Antoine (DoS: 04/17/09 via Mail) on April 15, 2009. Service was made by Mail. Document filed by The Export-Import Bank of The Republic of China. (Samuels, Emily) (Entered: 04/20/2009) | |||
| 2009-06-05 | 25 | 0 | MOTION for Sanctions. Document filed by The Export-Import Bank of The Republic of China.(Solomon, Andrew) (Entered: 06/05/2009) | |||
| 2009-06-05 | 26 | 0 | DECLARATION of Andrew T. Solomon in Support re: 25 MOTION for Sanctions.. Document filed by The Export-Import Bank of The Republic of China. (Attachments: # 1 Exhibit A & B)(Solomon, Andrew) (Entered: 06/05/2009) | |||
| 2009-06-05 | 27 | 0 | MEMORANDUM OF LAW in Support re: 25 MOTION for Sanctions.. Document filed by The Export-Import Bank of The Republic of China. (Solomon, Andrew) (Entered: 06/05/2009) | |||
| 2009-06-09 | 28 | 0 | AFFIDAVIT OF SERVICE of Motion for Contempt Sanctions served on Grenada on June 5, 2009. Service was made by CERTIFIED MAIL. Document filed by The Export-Import Bank of The Republic of China. (Solomon, Andrew) (Entered: 06/09/2009) | |||
| 2009-06-24 | 29 | 0 | ENDORSED LETTER addressed to Judge Harold Baer from The Law Firm of Frankfurt Kurnit Klein & Selz dated 6/23/09 re: This firm was retained last Friday, 6/19/09, to represent the defendant The Government of Grenada, in this action. Counsel write this letter o request a one-week adjournment of the June 24 deadline for Grenada to file its response to plaintiff's pending motion that this Court impose a civil contempt sanction against Grenada for Grenada's failure to respond to plaintiff's post-judgment interrogatories. ENDORSEMENT: Granted to June 30 for any opposition papers. (Signed by Judge Harold Baer on 6/24/09) (tro) (Entered: 06/25/2009) | |||
| 2009-06-30 | 30 | 0 | DECLARATION of James Bristol in Opposition re: 25 MOTION for Sanctions.. Document filed by Grenada. (Maas, Brian) (Entered: 06/30/2009) | |||
| 2009-06-30 | 31 | 0 | MEMORANDUM OF LAW in Opposition re: 25 MOTION for Sanctions.. Document filed by Grenada. (Maas, Brian) (Entered: 06/30/2009) | |||
| 2009-07-01 | 32 | 0 | STIPULATION AND ORDER, that Frankfurt Kurnit Klein & Selz, P.C. shall be substituted as attorneys of record for defendant Grenada in this action in the place of Donzell M. Tucker. ENDORSEMENT: I am signing this on consent. (Signed by Judge Harold Baer on 6/30/09) (pl) (Entered: 07/01/2009) | |||
| 2009-07-02 | 33 | 0 | ORDER denying 25 Motion for Sanctions. (Signed by Judge Harold Baer on 7/2/09) (djc) (Entered: 07/02/2009) | |||
| 2010-08-24 | 34 | 0 | ENDORSED LETTER addressed to Judge Harold Baer, Jr. from Paul E. Summit dated 8/20/10 re: Counsel seeks the Court's permission to file a motion for contempt sanctions against Grenada and to compel Grenada's complete response to the outstanding discovery. ENDORSEMENT: You have permission to file for contempt giving appropriate time for a response and a conference is scheduled for September 16, 2010 at 3:30 p.m. ( Status Conference set for 9/16/2010 at 03:30 PM before Judge Harold Baer.) (Signed by Judge Harold Baer on 8/24/10) (djc) Modified on 8/26/2010 (djc). (Entered: 08/24/2010) | |||
| 2010-08-25 | 35 | 0 | MOTION for Sanctions (Contempt) and to Compel. Document filed by The Export-Import Bank of The Republic of China. Return Date set for 9/16/2010 at 03:30 PM.(Solomon, Andrew) (Entered: 08/25/2010) | 2010-08-26 05:33:42 | 99d2386826540ae98058c819a4ddc60a645b398d | |
| 2010-08-25 | 36 | 0 | MEMORANDUM OF LAW in Support re: 35 MOTION for Sanctions (Contempt) and to Compel.. Document filed by The Export-Import Bank of The Republic of China. (Solomon, Andrew) (Entered: 08/25/2010) | 2010-08-26 05:46:18 | 3d96e3b2d45720b81882be978d458453e0aef977 | |
| 2010-08-25 | 37 | 0 | DECLARATION of Paul E. Summit in Support re: 35 MOTION for Sanctions (Contempt) and to Compel.. Document filed by The Export-Import Bank of The Republic of China. (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 [Pt. I], # 16 Exhibit O [Pt. II], # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R, # 20 Exhibit S [Pt. I], # 21 Exhibit S [Pt. II], # 22 Exhibit T, # 23 Exhibit U)(Solomon, Andrew) (Entered: 08/25/2010) | 2012-12-18 17:25:53 | 570178f1ced0e7875de81773abae1ff2294140d1 | |
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| 2010-09-07 | 38 | 0 | ENDORSED LETTER addressed to Judge Harold Baer, Jr. from Brian E. Maas dated 9/7/10 re: counsel for the Country of Grenada ("Grenada") and submit this letter to requests an adjournment of the return date of the pending motion by The Export-Import Bank of the Republic of China ("Ex-Im Bank") for contempt and the imposition of sanctions of Grenada from September 16 to September 30. ENDORSEMENT: September 30 is OK but I find it hard to believe it's necessary after this much time. (Signed by Judge Harold Baer on 9/7/10) (pl) (Entered: 09/07/2010) | 2010-09-08 05:07:06 | acc5ee42ca1e8eb1ba7983603851828400b02d5d | |
| 2010-09-23 | 39 | 0 | MEMORANDUM OF LAW in Opposition re: 35 MOTION for Sanctions (Contempt) and to Compel.. Document filed by Grenada. (Maas, Brian) (Entered: 09/23/2010) | 2010-09-24 04:31:47 | c21ced860871282c39a111337737b7f6e5dfdfc6 | |
| 2010-09-23 | 40 | 0 | DECLARATION of Brian E. Maas in Opposition re: 35 MOTION for Sanctions (Contempt) and to Compel.. Document filed by Grenada. (Attachments: # 1 Exhibit 1)(Maas, Brian) (Entered: 09/23/2010) | |||
| 2010-09-23 | 41 | 0 | DECLARATION of V. Nazim Burke in Opposition re: 35 MOTION for Sanctions (Contempt) and to Compel.. Document filed by Grenada. (Attachments: # 1 Exhibit A)(Maas, Brian) (Entered: 09/23/2010) | |||
| 2010-09-23 | 42 | 0 | DECLARATION of Rohan A. Phillip in Opposition re: 35 MOTION for Sanctions (Contempt) and to Compel.. Document filed by Grenada. (Maas, Brian) (Entered: 09/23/2010) | 2010-09-24 04:32:48 | 5f4d643d30d9d1955da577c7bb5a51a7884471e7 | |
| 2010-09-28 | 43 | 0 | REPLY MEMORANDUM OF LAW in Support re: 35 MOTION for Sanctions (Contempt) and to Compel.. Document filed by The Export-Import Bank of The Republic of China. (Solomon, Andrew) (Entered: 09/28/2010) | 2010-09-29 05:19:07 | 4d6ffdb69b5553b634f8d2d673939c1fcc4f5562 | |
| 2010-10-12 | 44 | 0 | SUPPLEMENTAL MEMORANDUM OF LAW in Support re: 35 MOTION for Sanctions (Contempt) and to Compel.. Document filed by The Export-Import Bank of The Republic of China. (Solomon, Andrew) (Entered: 10/12/2010) | 2010-10-13 06:09:06 | 92f302181b93124dd0d1a38562e4df4d9c2731fd | |
| 2010-10-12 | 45 | 0 | REPLY MEMORANDUM OF LAW in Opposition re: 35 MOTION for Sanctions (Contempt) and to Compel.. Document filed by Grenada. (Maas, Brian) (Entered: 10/12/2010) | 2010-10-13 05:29:52 | 82681ca008f8951a5536e47f2b62594e81a0d739 | |
| 2010-10-19 | 46 | 0 | TRANSCRIPT of proceedings held on 9/30/2010 before Judge Harold Baer. (ja) (Entered: 10/19/2010) | |||
| 2010-12-29 | 47 | 0 | OPINION AND ORDER. #99794 For the reasons in this opinion and order, the motion for sanctions and to compel is granted in part and denied in part. Grenada is ordered to provide, within 14 days and in accordance with the confidentiality protocol described above, all information requested in connection with Cinnamon 88 and Levera. Should it fail to do so, sanctions will automatically begin to accrue at the rate of $1,000 per day starting on the 15th day from the date of this Order. Grenada is further ordered to provide complete responses to Interrogatories 6, 13, 15, 16 and 18, and produce a supplemental 30(b)(6) witness for deposition, all within 30 days from the date of this Order. (Signed by Judge Harold Baer on 12/29/10) (rjm) Modified on 12/30/2010 (ajc). (Entered: 12/29/2010) | 2010-12-30 03:28:26 | bcde8c4da1465db55b3e245e3a075abc649a094a | |
| 2011-02-25 | 48 | 0 | MOTION for Sanctions (to Implement Sanctions). Document filed by The Export-Import Bank of The Republic of China.(Solomon, Andrew) (Entered: 02/25/2011) | 2011-02-28 03:27:14 | ddc564f53730f900f015457914219759997561bd | |
| 2011-02-25 | 49 | 0 | MEMORANDUM OF LAW in Support re: 48 MOTION for Sanctions (to Implement Sanctions).. Document filed by The Export-Import Bank of The Republic of China. (Solomon, Andrew) (Entered: 02/25/2011) | 2011-02-28 03:23:33 | 413e78d92aa1b55c66ba4e9163af9c33d3f26eda | |
| 2011-02-25 | 50 | 0 | AFFIRMATION of Paul E. Summit in Support re: 48 MOTION for Sanctions (to Implement Sanctions).. Document filed by The Export-Import Bank of The Republic of China. (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)(Solomon, Andrew) (Entered: 02/25/2011) | |||
| 2011-03-11 | 51 | 0 | DECLARATION of Brian E. Maas in Opposition re: 48 MOTION for Sanctions (to Implement Sanctions).. Document filed by Grenada. (Attachments: # 1 Exhibit A-B, # 2 Exhibit C-E, # 3 Exhibit F (part 1), # 4 Exhibit F (part 2), # 5 Exhibit F (part 3), # 6 Exhibit F (part 4), # 7 Exhibit G-I, # 8 Exhibit J, # 9 Exhibit K)(Maas, Brian) (Entered: 03/11/2011) | |||
| 2011-03-11 | 52 | 0 | MEMORANDUM OF LAW in Opposition re: 48 MOTION for Sanctions (to Implement Sanctions).. Document filed by Grenada. (Maas, Brian) (Entered: 03/11/2011) | 2011-03-12 04:19:18 | 19476b87e374509ac084c9b9bf9306f6059f3c7e | |
| 2011-03-15 | 53 | 0 | NOTICE of Letter to Judge Baer extending Plaintiff's reply date to 03/21/11. Document filed by The Export-Import Bank of The Republic of China. (Solomon, Andrew) (Entered: 03/15/2011) | 2011-03-16 04:33:41 | 7591e715b12156f0cafa2b0a57fa37dc4ce96a34 | |
| 2011-03-29 | 54 | 0 | ENDORSED LETTER addressed to Judge Harold Baer, Jr from Andrew T. Solomon dated 3/25/2011 re: The parties respectfully requests a two-week extendion until 4/8/11 to file a reply memorandum in further support of the motion. ENDORSEMENT: You may have until April 8 for either reply or Stipulation of Discontinuance, one or the other by April 8, 2011. So Ordered. (Signed by Judge Harold Baer on 3/29/2011) (jfe) (Entered: 03/29/2011) | 2011-03-30 04:45:52 | 78ecd35bf836eb2a4ff7e2f71a464a80966354d0 | |
| 2011-04-08 | 55 | 0 | NOTICE of Stipulation to Settle Motion to Implement re: 48 MOTION for Sanctions (to Implement Sanctions).. Document filed by The Export-Import Bank of The Republic of China. (Solomon, Andrew) (Entered: 04/08/2011) | 2011-04-09 05:05:27 | 70c4a2fc6af6f050df4abbd3d6b577cf0606c0d8 | |
| 2011-04-08 | 56 | 0 | ENDORSED LETTER: addressed to Judge Harold Baer from Brian Maas dated 4/7/2011 re: Counsel for defendant requests that the Court extend the deadline for filing a stipulation discontinuing the motion or Plaintiff's reply until Wednesday, April 13, 2011. ENDORSEMENT: April 13, 2011 is fine but I'm dubious that this is more than another tactic to resolve the issue. We will see. So Ordered. (Signed by Judge Harold Baer on 4/8/11) (js) (Entered: 04/08/2011) | 2011-04-09 05:06:18 | 740e9d0afd100c09521a4c9ec600b90bf85aa9c4 | |
| 2011-08-03 | 57 | 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. Post-Judgment discovery. Referred to Magistrate Judge Andrew J. Peck (Signed by Judge Harold Baer on 8/3/11) (djc) (Entered: 08/03/2011) | 2011-08-04 01:51:26 | 8ffb813766bb4767e7269f0c9afdb02d68204b2d | |
| 2011-08-04 | 58 | 0 | ORDER SCHEDULING DISCOVERY CONFERENCE. IT IS HEREBY ORDERED that a conference is scheduled for August 10, 2011 at 10:00 a.m. before the undersigned in Courtroom 20D (500 Pearl Street), and as further set forth. (Conference set for 8/10/2011 at 10:00 AM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Andrew J. Peck.) (Signed by Magistrate Judge Andrew J. Peck on 8/4/11) Copies Sent By Chambers via Fax and ECF. (rjm) (Entered: 08/04/2011) | 2011-08-05 03:33:23 | fb7c01a864a57664f23fbf3e57183c0df542a63f | |
| 2011-08-16 | 59 | 0 | TRANSCRIPT of Proceedings re: Conference held on 8/10/2011 before Magistrate Judge Andrew J. Peck. Court Reporter/Transcriber: Vincent Bologna, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/9/2011. Redacted Transcript Deadline set for 9/19/2011. Release of Transcript Restriction set for 11/17/2011.(McGuirk, Kelly) (Entered: 08/16/2011) | |||
| 2011-08-16 | 60 | 0 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 8/10/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 08/16/2011) | 2011-08-17 04:51:21 | 40993fba0aa5f013a88171e92ec04409dfb18ff7 | |
| 2011-08-31 | 61 | 0 | TRANSCRIPT of Proceedings re: Conference held on 8/10/2011 before Magistrate Judge Andrew J. Peck. Court Reporter/Transcriber: Vincent Bologna, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/26/2011. Redacted Transcript Deadline set for 10/6/2011. Release of Transcript Restriction set for 12/2/2011.(McGuirk, Kelly) (Entered: 08/31/2011) | |||
| 2011-08-31 | 62 | 0 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 8/10/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 08/31/2011) | 2011-09-01 02:09:29 | 8654e964681f8b3b06a5929cd40352f009211761 | |
| 2011-09-16 | 63 | 0 | ORDER: The $10,000 sanction is to be paid by September 26,2011. If not, the Court will hold a hearing as to whether Grenada should be held in contempt, and as further set forth in this document. The Court denies plaintiff's request for further attorneys' fees for further attorneys' fees at this time, without prejudice to renewal of the request if Grenada does not comply with this Order. Status Report, joint if possible, due by 10/21/2011. (Signed by Magistrate Judge Andrew J. Peck on 9/16/2011) Copies Faxed/ECF By Chambers. (cd) (Entered: 09/16/2011) | 2011-09-19 05:27:35 | d215703a292105b72ed61127c78e12c92a844409 | |
| 2011-10-19 | 64 | 0 | ENDORSED LETTER addressed to Magistrate Judge Andrew J. Peck from Brian E. Maas dated 10/17/2011 re: I am submitting to the Court the enclosed letter form Rohan A. Phillip, Attorney General of the Government of Greneda, requesting that the Court extend the October 17 deadline set in this Court's September 16, 2011 Order for Grenada to complete its document production and to provide an affidavit of complete compliance to November 17, 2011. ENDORSEMENT: Extension Granted. (Signed by Magistrate Judge Andrew J. Peck on 10/19/2011) (rdz) (Entered: 10/19/2011) | 2011-10-20 05:30:50 | 23dda342fdd246aa1cca14279f47d062ab672570 | |
| 2011-11-22 | 65 | 0 | ORDER FOR DEPOSIT OF FUNDS INTO COURT: It is hereby ORDERED, pursuant to Fed.R.Civ.P. 67 and Local Rule 67.1., that: (1) Grenada shall deposit $300,436.69 with the Clerk of this Court; the Clerk shall invest such funds in an interest-bearing account or wherever such funds are generally invested by the Clerk of Court; and the Clerk will deduct from the income on the investment a fee equal to ten percent (10%) if the income earned, but not exceeding the fee authorized by the Judicial Conference of the Untied States and set by the Director of the Administrative Office. (Signed by Judge Harold Baer on 11/22/2011) (djc) (Entered: 12/01/2011) | |||
| 2012-01-25 | 66 | 0 | JOINT STIPULATION AND ORDER REGARDING BRIEFING SCHEDULE: Grenada shall file a motion asserting its rights to the Funds on or before February 6, 2012. Ex-IM Bank shall file its opposition to Grenada's motion, and any cross-motion, on or before February 27, 2012. Grenada shall file its reply brief, and an opposition to any cross-motion by Ex-IM Bank, on or before March 19, 2012. Ex-IM Bank shall file its reply brief on or before March 26, 2012.on or before February 27, 2012. ( Motions due by 2/6/2012., Responses due by 3/19/2012, Replies due by 3/26/2012.) (Signed by Magistrate Judge Andrew J. Peck on 1/25/2012) (rdz) (Entered: 01/25/2012) | 2012-01-26 02:25:15 | a0571d06a2bd6961a6d6d570c4b36128553252c7 | |
| 2012-01-25 | 67 | 0 | STIPULATION DIRECTING FUNDS TO BE TRANSFERRED TO THE COURT'S REGISTRY:IT TS HEREBY STIPULATED AND ORDERED that on the last business day of each calendar month, Virgin Atlantic shall deposit the Virgin Atlantic Payments into the registry of this Court; 2. the Clerk shall deposit the funds in an interest-bearing form with the Treasurer of the United States in the name and to the credit of this Court pursuant to 28 U.S.C. ยง 2041 through depositories designated by the Treasury to accept such deposit on its behalf; 3. the Clerk shall deduct the administrative registry fee. as authorized by the Judicial Conference of the United States, of 10% of the income earned on an account and any subsequent deposit of new principal while invested; 4. the Clerk shall not release the funds without further Order of this Court; and 5. Ex-Im Bank win provide Judge Baer's chambers a letter during the first week of January, April, July, and October that details the amount of funds deposited by Virgin Atlantic in the Court's registry in each of the prior three months. Ex-Im Bank will provide the first such letter to Judge Baer's chambers during the first week of April 2012. (Signed by Judge Harold Baer on 1/25/2012) (js) (Entered: 01/25/2012) | 2012-01-26 02:27:48 | 534c188d6164c8cbbb0abbad1fe9fa4d5c5ad705 | |
| 2012-02-06 | 68 | 0 | MOTION declaring certain funds deposited into Court by Defendant/Judgment Debtor, Grenada on December 8, 2011, to be immune from attachment by Plaintiff/Judgment Creditor, The Export-Import Bank of the Republic of China under the Foreign Sovereign Immunities Act of 1976. Document filed by Grenada.(Maas, Brian) (Entered: 02/06/2012) | 2012-02-07 04:07:44 | 493424ca9374dbde508caed4543e3f46a90a45e4 | |
| 2012-02-06 | 69 | 0 | DECLARATION of Rohan Phillip in Support re: 68 MOTION declaring certain funds deposited into Court by Defendant/Judgment Debtor, Grenada on December 8, 2011, to be immune from attachment by Plaintiff/Judgment Creditor, The Export-Import Bank of the Republic of China under the Foreign Sovereign Imm. Document filed by Grenada. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D (part 1), # 5 Exhibit D (part 2), # 6 Exhibit E, # 7 Exhibit F (part 1), # 8 Exhibit F (part 2), # 9 Exhibit F (part 3), # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Exhibit J)(Maas, Brian) (Entered: 02/06/2012) | |||
| 2012-02-06 | 70 | 0 | MEMORANDUM OF LAW in Support re: 68 MOTION declaring certain funds deposited into Court by Defendant/Judgment Debtor, Grenada on December 8, 2011, to be immune from attachment by Plaintiff/Judgment Creditor, The Export-Import Bank of the Republic of China under the Foreign Sovereign Imm. Document filed by Grenada. (Maas, Brian) (Entered: 02/06/2012) | 2012-02-07 04:10:25 | 54462ea86b3a096f9237c907569e8f857ac535f2 | |
| 2012-02-14 | 71 | 0 | MOTION for Courtney Evanchuck to Appear Pro Hac Vice. Document filed by The Export-Import Bank of The Republic of China.(bwa) (Entered: 02/24/2012) | 2012-02-17 03:15:43 | ce30872f920f9b730bfa0ac3a03a293d5007209f | |
| 2012-02-27 | 72 | 0 | CROSS MOTION for Release of Funds /Turnover of Funds to Plaintiff/Judgment Creditor. Document filed by The Export-Import Bank of The Republic of China.(Solomon, Andrew) (Entered: 02/27/2012) | 2012-02-28 03:46:07 | 6e662c280316a92adacf66ff539ab7d8f984edee | |
| 2012-02-27 | 73 | 0 | MEMORANDUM OF LAW in Opposition re: 68 MOTION declaring certain funds deposited into Court by Defendant/Judgment Debtor, Grenada on December 8, 2011, to be immune from attachment by Plaintiff/Judgment Creditor, The Export-Import Bank of the Republic of China under the Foreign Sovereign Imm and in Support re: 72 CROSS MOTION for Turnover of Funds to Plaintiff/Judgment Creditor. Document filed by The Export-Import Bank of The Republic of China. (Solomon, Andrew) (Entered: 02/27/2012) | 2012-02-28 03:42:11 | 6d091658c5b12aac25ee02d33dc062181e86e506 | |
| 2012-02-27 | 74 | 0 | DECLARATION of Paul E. Summit in Opposition re: 68 MOTION declaring certain funds deposited into Court by Defendant/Judgment Debtor, Grenada on December 8, 2011, to be immune from attachment by Plaintiff/Judgment Creditor, The Export-Import Bank of the Republic of China under the Foreign Sovereign Imm. Document filed by The Export-Import Bank of The Republic of China. (Solomon, Andrew) (Entered: 02/27/2012) | 2012-02-28 03:42:47 | c8f86509a7ef960acbc0828b7ec215655666b6b4 | |
| 2012-03-15 | 75 | 0 | ORDER FOR ADMISSION PRO HAC VICE granting 71 Motion for Courtney Evanchuk to Appear Pro Hac Vice. Application for Pro Hac Vice GRANTED. The Clerk is instructed to close this motion. (Signed by Judge Harold Baer on 3/14/2012) (djc) (Entered: 03/15/2012) | 2012-03-16 03:54:24 | ae1624c5a3f2848fec3f4f4e40482229f08f8b4a | |
| 2012-03-19 | 76 | 0 | REPLY MEMORANDUM OF LAW in Support re: 68 MOTION declaring certain funds deposited into Court by Defendant/Judgment Debtor, Grenada on December 8, 2011, to be immune from attachment by Plaintiff/Judgment Creditor, The Export-Import Bank of the Republic of China under the Foreign Sovereign Imm and in Opposition to Plaintiff/Judgment Creditor's Cross-Motion for Turn-Over of Funds. Document filed by Grenada. (Maas, Brian) (Entered: 03/19/2012) | 2012-03-20 04:09:38 | f845a5b7b6ccd574a59bac99646af12c9d93920a | |
| 2012-03-20 | 77 | 0 | JOINT MOTION to Vacate Restraining Notices (Notice). Document filed by Grenada, Grenada Airports Authority, Aviation Services of Grenada Ltd., Grenada Ports Authority, National Water and Sewage Authority of Grenada, Grenada Solid Waste Management Authority.(Greenblatt, Steven) (Entered: 03/20/2012) | 2012-03-21 04:00:35 | 1cc570d05888ec39160387fb62c7ec4c89ed3ec2 | |
| 2012-03-20 | 78 | 0 | MEMORANDUM OF LAW in Support re: 77 JOINT MOTION to Vacate Restraining Notices (Notice).JOINT MOTION to Vacate Restraining Notices (Notice).. Document filed by Aviation Services of Grenada Ltd., Grenada, Grenada Airports Authority, Grenada Ports Authority, Grenada Solid Waste Management Authority, National Water and Sewage Authority of Grenada. (Greenblatt, Steven) (Entered: 03/20/2012) | 2015-01-07 15:07:40 | 07cd22a8f1c3773fa3e7482aeb575254234453f5 | |
| 2012-03-20 | 79 | 0 | AFFIDAVIT of Steven D. Greenblatt in Support re: 77 JOINT MOTION to Vacate Restraining Notices (Notice).JOINT MOTION to Vacate Restraining Notices (Notice).. Document filed by Aviation Services of Grenada Ltd., Grenada, Grenada Airports Authority, Grenada Ports Authority, Grenada Solid Waste Management Authority, National Water and Sewage Authority of Grenada. (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 - Affidavit of Rodney George, # 14 Exhibit N - Affidavit of Terrence Smith, # 15 Exhibit O- Affidavit of Ambrose Phillips, # 16 Exhibit P - Affidavit of Karen Roden-Layne, # 17 Exhibit Q - Affidavit of Leslie Scott)(Greenblatt, Steven) (Entered: 03/20/2012) | 2015-01-07 15:45:06 | a0ec35e059a40188fb1c25b72f0482cd2551b02c | |
| 79 | 1 | Exhibit A | 2015-01-07 15:45:23 | e17edd0bb83fb3a0c8f168c8c39dd9bbea76b030 | ||
| 79 | 2 | Exhibit B | 2015-01-07 15:45:48 | 54e5c1ba7a776ad7109fe58030769ce78ded019b | ||
| 79 | 3 | Exhibit C | 2015-01-07 15:45:56 | d1a3326eacf5aa0844792daf22d7c5d69aac8a82 | ||
| 79 | 4 | Exhibit D | 2015-01-07 15:46:05 | 143b0761a882b18126084e7aa32e72aa3aa3a40e | ||
| 79 | 5 | Exhibit E | 2015-01-07 15:46:14 | fc36bb705a609242a6b7c159bd2c5b8a98275333 | ||
| 79 | 6 | Exhibit F | 2015-01-07 15:46:22 | 3ce5031decd504a2f0b2ccc93c4a06f2de19dcad | ||
| 79 | 7 | Exhibit G | 2015-01-07 15:46:30 | bf9e89dfd942d3a4d4e233268a114d315bf0b91e | ||
| 79 | 8 | Exhibit H | 2015-01-07 15:46:45 | 26c0835debe08f4583255aae200bb2c565177321 | ||
| 79 | 9 | Exhibit I | 2015-01-07 15:49:09 | 42d1ca2f29b078d82b556e93af4e9e92c8933872 | ||
| 79 | 10 | Exhibit J | 2015-01-07 15:46:54 | 233bb2dc3877e6c1127e6beef6684cadfa4a78d1 | ||
| 79 | 11 | Exhibit K | 2015-01-07 15:47:04 | d3976af7e14841fbefe070865aba58931cc095af | ||
| 79 | 12 | Exhibit L | 2015-01-07 15:47:11 | 49605b3592e4450f79bf0d2a382db9e5ebe53f71 | ||
| 79 | 13 | Exhibit M - Affidavit of Rodney George | 2015-01-07 15:47:21 | c35e91c7838c5ca37bcfeeb75399dc9f705d14aa | ||
| 79 | 14 | Exhibit N - Affidavit of Terrence Smith | 2015-01-07 15:47:29 | a8cc8ef12fe3ffd7ae00310ebed9ed9be75466f1 | ||
| 79 | 15 | Exhibit O- Affidavit of Ambrose Phillips | 2015-01-07 15:47:38 | 2eda1e7d24964e8d010efad29736e38464513223 | ||
| 79 | 16 | Exhibit P - Affidavit of Karen Roden-Layne | 2015-01-07 15:47:45 | fc5496f507e738479f02f4d9967c9ffd358cb045 | ||
| 79 | 17 | Exhibit Q - Affidavit of Leslie Scott | 2015-01-07 15:47:58 | 2821ff7103c4347be322df48d2dc79902caa2037 | ||
| 2012-03-20 | 80 | 0 | AFFIDAVIT of Dickon Mitchell in Support re: 77 JOINT MOTION to Vacate Restraining Notices (Notice).JOINT MOTION to Vacate Restraining Notices (Notice).. Document filed by Aviation Services of Grenada Ltd., Grenada, Grenada Airports Authority, Grenada Ports Authority, Grenada Solid Waste Management Authority, National Water and Sewage Authority of Grenada. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Greenblatt, Steven) (Entered: 03/20/2012) | |||
| 80 | 1 | Exhibit A | ||||
| 80 | 2 | Exhibit B | ||||
| 80 | 3 | Exhibit C | ||||
| 80 | 4 | Exhibit D | ||||
| 80 | 5 | Exhibit E | ||||
| 2012-03-20 | 81 | 0 | NOTICE OF APPEARANCE by Steven David Greenblatt on behalf of Aviation Services of Grenada Ltd., Grenada Airports Authority, Grenada Ports Authority, Grenada Solid Waste Management Authority, National Water and Sewage Authority of Grenada (Greenblatt, Steven) (Entered: 03/20/2012) | 2012-03-21 03:57:07 | 9b4163dd4d670932066019b3a4555e8776836490 | |
| 2012-03-28 | 82 | 0 | REPLY MEMORANDUM OF LAW in Support re: 72 CROSS MOTION for Release of Funds /Turnover of Funds to Plaintiff/Judgment Creditor.. Document filed by The Export-Import Bank of The Republic of China. (Summit, Paul) (Entered: 03/28/2012) | 2012-03-29 05:00:33 | 0933b932421df88de72bcc2ee924e8b6e84155fd | |
| 2012-03-28 | 83 | 0 | DECLARATION of Courtney Evanchuk in Support re: 72 CROSS MOTION for Release of Funds /Turnover of Funds to Plaintiff/Judgment Creditor.. Document filed by The Export-Import Bank of The Republic of China. (Attachments: # 1 Exhibit 1)(Summit, Paul) (Entered: 03/28/2012) | |||
| 83 | 1 | |||||
| 2012-03-30 | 84 | 0 | JOINT STIPULATION AMENDING BRIEFING SCHEDULE: IT IS HEREBY STIPULATED AND ORDERED THAT: 1. The Joint Stipulation shall be amended to extend the deadline for Ex-Im Bank to file its reply brief. 2. Pursuant to this Amended Stipulation, Ex-Im Bank shall file its reply brief on or before March 28, 2012. (Signed by Judge Harold Baer on 3/30/2012) (lmb) (Entered: 03/30/2012) | 2012-03-31 06:21:30 | 3eb447e827ed673b4ea30ed4190a7a5b13b3bcd9 | |
| 2012-04-03 | 85 | 0 | CROSS MOTION for Discovery and Turnover of Restrained Funds. Document filed by The Export-Import Bank of The Republic of China.(Solomon, Andrew) (Entered: 04/03/2012) | 2012-04-04 04:15:37 | 73ab3de56baeb84da55f700be6ae987ff3db8cef | |
| 2012-04-03 | 86 | 0 | MEMORANDUM OF LAW in Opposition re: 77 JOINT MOTION to Vacate Restraining Notices (Notice).JOINT MOTION to Vacate Restraining Notices (Notice). and in Support of 85 Cross Motion for Discovery and Turnover of Restrained Funds. Document filed by The Export-Import Bank of The Republic of China. (Solomon, Andrew) (Entered: 04/03/2012) | 2012-04-04 04:18:34 | 0ed75abf2a9d9d56a73932f859f0d00409b4ebd4 | |
| 2012-04-03 | 87 | 0 | AFFIRMATION of Paul E. Summit in Opposition re: 77 JOINT MOTION to Vacate Restraining Notices (Notice).JOINT MOTION to Vacate Restraining Notices (Notice).. Document filed by The Export-Import Bank of The Republic of China. (Solomon, Andrew) (Entered: 04/03/2012) | |||
| 2012-04-04 | 88 | 0 | STATUS REPORT. In accordance with the Court's January 25, 2012 Order Document filed by The Export-Import Bank of The Republic of China.(Solomon, Andrew) (Entered: 04/04/2012) | 2012-04-05 05:06:29 | ccd5a39fbca0bd7b0c669a328cffabc192c9514d | |
| 2012-04-17 | 89 | 0 | REPLY MEMORANDUM OF LAW in Support re: 77 JOINT MOTION to Vacate Restraining Notices (Notice).JOINT MOTION to Vacate Restraining Notices (Notice). and in Opposition to Cross-Motion for Discovery and Turnover of Restrained Funds. Document filed by Aviation Services of Grenada Ltd., Grenada, Grenada Airports Authority, Grenada Ports Authority, Grenada Solid Waste Management Authority, National Water and Sewage Authority of Grenada. (Maas, Brian) (Entered: 04/17/2012) | 2012-04-18 01:54:19 | a15075dadc42a33bcc8b627db591f103310223cf | |
| 2012-04-18 | 90 | 0 | STIPULATION AMENDING BRIEFING SCHEDULE: Pursuant to this Stipulation, Grenada and the Slatutory Corporations shall file their reply brief on their motion and opposition to the cross-motion on or before April 17, 2012. Pursuant to this Stipulation, Ex-Im Bank shall file its reply brief on or before May 1, 2012. Set Deadlines/Hearing as to 85 CROSS MOTION for Discovery and Turnover of Restrained Funds. :( Responses due by 4/17/2012, Replies due by 5/1/2012.) (Signed by Judge Harold Baer on 4/17/2012) (jfe) (Entered: 04/18/2012) | 2012-04-19 01:45:20 | d83330535b71f51bd8d52c5638268d4460658e9b | |
| 2012-05-01 | 91 | 0 | REPLY MEMORANDUM OF LAW in Support re: 85 CROSS MOTION for Discovery and Turnover of Restrained Funds.. Document filed by The Export-Import Bank of The Republic of China. (Solomon, Andrew) (Entered: 05/01/2012) | 2012-05-02 04:36:35 | 2103e7dfaab444c0aa4a06fcf8c7f06c84e8f3b5 | |
| 2012-05-01 | 92 | 0 | REPLY AFFIDAVIT of Paul Summit in Support re: 85 CROSS MOTION for Discovery and Turnover of Restrained Funds.. Document filed by The Export-Import Bank of The Republic of China. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2)(Solomon, Andrew) (Entered: 05/01/2012) | |||
| 2012-05-02 | 93 | 0 | NOTICE OF APPEARANCE by Khianna Nadenne Bartholomew on behalf of Grenada (Bartholomew, Khianna) (Entered: 05/02/2012) | 2012-05-03 03:42:43 | fac9f0544bc67f9e49c1b554f6a46a789829e99a | |
| 2012-05-17 | 94 | 0 | TRANSCRIPT of Proceedings re: CONFERNECE held on 5/14/2012 before Judge Harold Baer. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/11/2012. Redacted Transcript Deadline set for 6/21/2012. Release of Transcript Restriction set for 8/20/2012.(McGuirk, Kelly) (Entered: 05/17/2012) | |||
| 2012-05-17 | 95 | 0 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/14/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 05/17/2012) | 2012-05-18 03:15:25 | e6c549ff0d33194ddccc22f594d51cd4d5eb2878 | |
| 2012-05-25 | 96 | 0 | SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support re: 85 CROSS MOTION for Discovery and Turnover of Restrained Funds.. Document filed by The Export-Import Bank of The Republic of China. (Solomon, Andrew) (Entered: 05/25/2012) | 2012-05-28 05:35:10 | cc0d4f5b9e58dd310274726d8af819a24f82158b | |
| 2012-05-25 | 97 | 0 | MEMORANDUM OF LAW in Support re: 77 JOINT MOTION to Vacate Restraining Notices (Notice).JOINT MOTION to Vacate Restraining Notices (Notice). Joint Movants' Memorandum of Law Concerning Scope of Permissible Discovery. Document filed by Aviation Services of Grenada Ltd., Grenada, Grenada Airports Authority, Grenada Ports Authority, Grenada Solid Waste Management Authority, National Water and Sewage Authority of Grenada. (Greenblatt, Steven) (Entered: 05/25/2012) | 2012-05-28 05:36:17 | 2ef5947f3197d8295153f5d7f187539c2862be52 | |
| 2012-05-25 | 98 | 0 | DECLARATION of Steven D. Greenblatt in Support re: 77 JOINT MOTION to Vacate Restraining Notices (Notice).JOINT MOTION to Vacate Restraining Notices (Notice).. Document filed by Aviation Services of Grenada Ltd., Grenada, Grenada Airports Authority, Grenada Ports Authority, Grenada Solid Waste Management Authority, National Water and Sewage Authority of Grenada. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H, # 9 Exhibit Exhibit I, # 10 Exhibit Exhibit J, # 11 Exhibit Exhibit K, # 12 Exhibit Exhibit L, # 13 Exhibit Exhibit M, # 14 Exhibit Exhibit N, # 15 Exhibit Exhibit O)(Greenblatt, Steven) (Entered: 05/25/2012) | |||
| 2012-06-07 | 99 | 0 | NOTICE OF CHANGE OF ADDRESS by Andrew Todd Solomon on behalf of The Export-Import Bank of The Republic of China. New Address: SULLIVAN & WORCESTER LLP, 1633 Broadway, 32nd Floo, New York, New York, USA 10019, 212-660-3000. (Solomon, Andrew) (Entered: 06/07/2012) | 2012-06-08 04:21:29 | 1a87d1da560610b44a85be50a69ff08c929e625b | |
| 2012-06-22 | 100 | 0 | OPINION AND ORDER # 101975: I have considered the parties remaining arguments and find that they are without merit. For the foregoing reasons, Grenadas motion for a declaration that the Arbitration Funds are immune from attachment is GRANTED and Ex-Im Banks cross-motion for turnover of the Funds is DENIED. Further, Grenadas joint motion to vacate the restraining notices is GRANTED and Ex-Im Banks cross-motion for discovery and turnover of the restrained funds is DENIED. The Clerk of the Court is directed to close these four open motions and remove them from my docket (Signed by Judge Harold Baer on 6/22/2012) (js) Modified on 6/22/2012 (js). Modified on 6/22/2012 (ft). (Entered: 06/22/2012) | 2012-06-25 04:48:20 | f92126bd6cbe80f4d6cc18b8e94e9f21aa1b44aa | |
| 2012-06-26 | 101 | 0 | FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - RESPONSE to Motion re: 85 CROSS MOTION for Discovery and Turnover of Restrained Funds., 77 JOINT MOTION to Vacate Restraining Notices (Notice).JOINT MOTION to Vacate Restraining Notices (Notice). Letter to Hon. Harold Baer, Jr. enclosing proposed judgments for entry and docketing. Document filed by Aviation Services of Grenada Ltd., Grenada Airports Authority, Grenada Ports Authority, Grenada Solid Waste Management Authority, National Water and Sewage Authority of Grenada. (Attachments: # 1 Text of Proposed Order Proposed Judgment GRANTING Joint Motion to Vacate Restraining Notices, # 2 Text of Proposed Order Proposed Judgment DENYING Cross Motion for Discovery and Turnover of Restrained Funds)(Greenblatt, Steven) Modified on 6/27/2012 (ldi). (Entered: 06/26/2012) | |||
| 2012-06-27 | 102 | 0 | NOTICE OF APPEAL from 100 Memorandum & Opinion,,. Document filed by The Export-Import Bank of The Republic of China. Filing fee $ 455.00, receipt number 0208-7596219. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Solomon, Andrew) (Entered: 06/27/2012) | 2012-06-28 05:00:39 | 91c83fd686317eaa25585237aa7a8ddb764e8956 | |
| 2012-07-01 | 103 | 0 | NOTICE OF CHANGE OF ADDRESS by Steven David Greenblatt on behalf of Aviation Services of Grenada Ltd., Grenada Airports Authority, Grenada Ports Authority, Grenada Solid Waste Management Authority, National Water and Sewage Authority of Grenada. New Address: The Law Office of Steven D. Greenblatt, 480 Broadway, Suite 328, Saratoga Springs, New York, USA 12866, (518) 688-1868. (Greenblatt, Steven) (Entered: 07/01/2012) | |||
| 2012-07-25 | 104 | 0 | MOTION to Stay Vacatur of Restraining Notices and Disbursement of Funds Pending Appeal. Document filed by The Export-Import Bank of The Republic of China.(Solomon, Andrew) (Entered: 07/25/2012) | 2012-07-26 04:36:29 | 44f85dbdc1f10584e57fbbb35c0d7d90abea52de | |
| 2012-07-25 | 105 | 0 | MEMORANDUM OF LAW in Support re: 104 MOTION to Stay Vacatur of Restraining Notices and Disbursement of Funds Pending Appeal.. Document filed by The Export-Import Bank of The Republic of China. (Solomon, Andrew) (Entered: 07/25/2012) | 2012-07-26 04:33:34 | 17ad735ac657dd11bee97cb72df9df2993a8d34c | |
| 2012-07-30 | 106 | 0 | JOINT MEMORANDUM OF LAW in Opposition re: 104 MOTION to Stay Vacatur of Restraining Notices and Disbursement of Funds Pending Appeal.. Document filed by Aviation Services of Grenada Ltd., Grenada, Grenada Airports Authority, Grenada Ports Authority, Grenada Solid Waste Management Authority, National Water and Sewage Authority of Grenada. (Greenblatt, Steven) (Entered: 07/30/2012) | 2015-02-19 16:36:59 | 535079693747f69870e8810d9e96d0131b73fb1c | |
| 2012-07-30 | 107 | 0 | AFFIDAVIT of Leslie Scott in Opposition re: 104 MOTION to Stay Vacatur of Restraining Notices and Disbursement of Funds Pending Appeal.. Document filed by Aviation Services of Grenada Ltd.. (Greenblatt, Steven) (Entered: 07/30/2012) | 2012-07-31 05:39:03 | 4db7d6d2ebd49cf37a5884f374696d4dec75d9fc | |
| 2012-07-30 | 108 | 0 | AFFIDAVIT of Rodney George in Opposition re: 104 MOTION to Stay Vacatur of Restraining Notices and Disbursement of Funds Pending Appeal.. Document filed by Grenada Airports Authority. (Greenblatt, Steven) (Entered: 07/30/2012) | 2012-07-31 05:38:44 | 33bfbaa397b188f377f0c9d6266a9018b87aa7ad | |
| 2012-07-30 | 109 | 0 | AFFIDAVIT of Ambrose Phillip in Opposition re: 104 MOTION to Stay Vacatur of Restraining Notices and Disbursement of Funds Pending Appeal.. Document filed by Grenada Ports Authority. (Greenblatt, Steven) (Entered: 07/30/2012) | 2012-07-31 05:38:31 | 9c5a8a57ee787e11d9db7a50ae765104a0b84587 | |
| 2012-07-30 | 110 | 0 | AFFIDAVIT of Karen Roden Layne in Opposition re: 104 MOTION to Stay Vacatur of Restraining Notices and Disbursement of Funds Pending Appeal.. Document filed by Grenada Solid Waste Management Authority. (Greenblatt, Steven) (Entered: 07/30/2012) | 2012-07-31 05:38:25 | 5ce6737903d3f0f23dca013ce951b26c6ec8c8b5 | |
| 2012-07-30 | 111 | 0 | AFFIDAVIT of Terrence Smith in Opposition re: 104 MOTION to Stay Vacatur of Restraining Notices and Disbursement of Funds Pending Appeal.. Document filed by National Water and Sewage Authority of Grenada. (Greenblatt, Steven) (Entered: 07/30/2012) | 2012-07-31 05:39:32 | 245e762e266d4795140e159819d665ac076f109c | |
| 2012-08-06 | 112 | 0 | REPLY MEMORANDUM OF LAW in Support re: 104 MOTION to Stay Vacatur of Restraining Notices and Disbursement of Funds Pending Appeal.. Document filed by The Export-Import Bank of The Republic of China. (Solomon, Andrew) (Entered: 08/06/2012) | 2012-08-07 05:13:13 | 94951045b10d32a005234069dfc3aa5963df233a | |
| 2012-08-06 | 113 | 0 | REPLY AFFIRMATION of Paul E. Summit in Support re: 104 MOTION to Stay Vacatur of Restraining Notices and Disbursement of Funds Pending Appeal.. Document filed by The Export-Import Bank of The Republic of China. (Solomon, Andrew) (Entered: 08/06/2012) | 2012-08-07 05:15:28 | 5fbf5470cb4eb4766e9683c12bd5a275c938d9da | |
| 2012-08-17 | 114 | 0 | OPINION & ORDER: #102217 For the foregoing reasons, Ex-Im Bank's motion for a stay is DENIED; however, Ex-Im Bank is GRANTED a temporary stay until August 31, 2012, so that it may seek a stay from the Second Circuit. The Clerk of the Court is directed to close the motion and remove it from my docket. (Signed by Judge Harold Baer on 8/17/2012) (djc) Modified on 8/20/2012 (jab). (Entered: 08/17/2012) | 2012-08-18 08:38:45 | de33625ba5aadb2bc0a8aedceec619cc93c7d2f8 | |
| 2012-08-31 | 115 | 0 | TRUE COPY ORDER of USCA as to 102 Notice of Appeal, filed by The Export-Import Bank of The Republic of China USCA Case Number 12-2619. IT IS HEREBY ORDERED that the motion by appellant The Export-Import Bank of the Republic of China to stay pending appeal vacatur of restraining notices to prevent disbursement of certain funds currently on deposit with the United States District Court for the Southern District of New York will be determined by a motions panel as soon as possible. The request for a temporary stay is DENIED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 8/31/12. (tp) (Entered: 09/04/2012) | 2012-09-05 04:42:32 | f69ed7410bb4ec332efa0ed98ea8104369186002 | |
| 2012-09-27 | 116 | 0 | ENDORSED LETTER addressed to Judge Harold Baer, Jr., from Michael J. Frevola, dated 9/14/2012, re: Pursuant to a Restraining Notice served by Plaintiff on Virgin Atlantic and a Stipulation agreed to by the parties and endorsed by the Court, Virgin Atlantic is required to deposit funds due and owing to certain Grenada airport entities into the Court's registry on a monthly basis. Virgin Atlantic has deposited more than $340,000 in the Court's registry. Because there is a risk that Virgin Atlantic could be seen as violating the Rule 62(a) automatic stay by ceasing to abide by the Restraining Notice before the automatic stay period concluded, Virgin Atlantic requests the Court's guidance as to whether it is required to continue depositing funds to the Court's registry pending the Second Circuit's decision on the motion to stay. ENDORSEMENT: Judgment signed 9/27. Virgin is not violating any stay because there is no stay - Virgin should send the money directly to Grenada or ask them for instructions. Not this Court. (Signed by Judge Harold Baer on 9/27/2012) (ja) (Entered: 09/27/2012) | 2012-09-28 04:00:35 | cf16db9e3b5e2c3e638077c898e9255e6ecd09ac | |
| 2012-09-27 | 117 | 0 | JUDGMENT Directing the Clerk of Curt to RELEASE the funds totaling $300,532.12 which were deposited by Grenada on December 8, 2011 to Grenada by check made payable to the Government of Grenada and given to counsel of Grenada for delivery to the Gvernment of Grenada. (Signed by Judge Harold Baer on 9/27/12) (Attachments: # 1 Notice of Right to Appeal)(dt) (Entered: 09/27/2012) | |||
| 117 | 1 | Notice of Right to Appeal | ||||
| 2012-09-27 | 118 | 0 | JUDGMENT that the Clerk of the Court is hereby ORDERED to draw a check made payable to "Grenada Airports Authority" in the amount of the total of all such funds on deposit, inclusive of all principal and accumulated interest thereon, and to deliver such check in accordance with instructions to be provided by counsel for the Joint Movants; and Ex-lm's Cross Motion for Discovery and Turnover of Restrained funds is DENIED. (Signed by Judge Harold Baer on 9/27/12) (Attachments: # 1 Notice of Right to Appeal)(dt) (Entered: 09/27/2012) | |||
| 2012-09-28 | 119 | 0 | ORDER: It is hereby ORDERED that the Clerk of the Court is directed to draw a check made payable to "Grenada Airports Authority" for all funds in deposit, including all principal and accumulated interest. (Signed by Judge Harold Baer on 9/28/2012) (mro) (Entered: 09/28/2012) | 2012-09-29 03:54:38 | 62db2206e29be7a9a9414f1c8dd69f9dd613279d | |
| 2012-09-28 | 120 | 0 | AMENDED JUDGMENT amending 118 Judgment 1, Joint Movants' Joint Motion to Vacte Restraining Notices is Granted in its entirety; and 2. All restraining notices served by Judgment Creditor Export-Import Bank of the Republic of China in this action are hereby VACATED for the reasons set forth in the Court's Decision and Order dated June 22, 2012; and 3. All fund previously restrained by the restraing noties served in ths matter are hereby RELEASED and may be paid in accordance with instruction provided by counsel for the joint Movants; and 4. All funds presently on deposit with the Court's Registry purusnat to the Stipulation Directing Funds to be transferred to the Court's registry, so-ordered by the Court on January 25, 2012 (CM/ECF) Document # 67) which funds total $344,967.30 in principal, inclusive of all interest accumulated thereon, are hereby RELEASED and the Clerk of the Court is hereby ORDERED to draw a check made payable to "Grenada Airports Authority" in the amount of the total of all such funds on deposit, inclusive of all principal and accumulated interest thereon, and to deliver such check to counsel for the Joint Movants; and 5. Ex-lms's Cross-Motion for Discovery and Turnover of Restrained Funds is DENIED in its entirety. (Signed by Judge Harold Baer on 9/28/12) (Attachments: # 1 Notice of Right to Appel)(dt) (Entered: 09/28/2012) | |||
| 2012-09-28 | 121 | 0 | AMENDED JUDGMENT amending 117 Judgment, Directing the Clerk of Court to RELEASE the funds totaling $300,486.69 in principal interest plus all interest, to Grenada by check made payable to the Government of Grenada and given to counsel of Grenada for delivery to the Government of Grenada. (Signed by Judge Harold Baer on 9/28/12) (Attachments: # 1 Notice of Right to Appeal)(dt) Modified on 10/2/2012 (dt). (Entered: 09/28/2012) | |||
| 2012-12-27 | 122 | 0 | CONFIDENTIALITY AGREEMENT AND ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Harold Baer on 12/27/2012) (cd) (Entered: 12/27/2012) | 2012-12-28 03:21:25 | bf61f9d99a5f7e13e09c66a73871d16c8a18c50a | |
| 2014-09-12 | 123 | 0 | USCA ORDER WITH OPINION as to 102 Notice of Appeal, filed by The Export-Import Bank of The Republic of China. USCA Case Number 12-2619. The appeal in the above captioned case from a judgment and order of the United States District Court for the Southern District of New York was argued on the district court's record and the parties' briefs. Upon consideration thereof, IT IS HEREBY ORDERED, ADJUDGED and DECREED that the appeal is DISMISSED in part, the judgment and order of the district court is AFFIRMED in part and VACATED in part, and the cause is REMANDED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 09/12/2014. (nd) (Entered: 09/12/2014) | 2015-01-07 15:25:27 | ae9d517addaf3ad3a35353f384732584e309f3df | |
| 2014-10-03 | 124 | 0 | MANDATE of USCA (Certified Copy) as to 102 Notice of Appeal, filed by The Export-Import Bank of The Republic of China USCA Case Number 12-2619. IT IS HEREBY ORDERED, ADJUDGED and DECREED that the appeal is DISMISSED in part, the judgment and order of the district court is AFFIRMED in part and VACATED in part, and the cause is REMANDED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 10/3/2014. (tp) (Entered: 10/03/2014) | 2014-10-06 01:49:38 | 496fdd0611d6eac2a135f88496f9cd1c8484c5dc | |
| 2015-02-05 | 125 | 0 | DOCUMENT REFERRED TO JUDGE FOR APPROVAL - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Grenada and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by The Export-Import Bank of The Republic of China.(Solomon, Andrew) Modified on 2/6/2015 (km). (Entered: 02/05/2015) | 2015-02-06 00:24:29 | f77a3db54a7f4677c5268b522ed94a00b260163d | |
| 2015-02-06 | 126 | 0 | JOINT STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED by and between the parties by their respective counsel that, pursuant to Fed.R.Civ.P. 41(a)(1)(A)(ii), that this action is dismissed with prejudice and without costs to either party. (Signed by Judge William H. Pauley, III on 2/6/2015) (lmb) (Entered: 02/09/2015) | 2015-02-09 23:47:20 | 77b9b195f6c97833d746ca3f7dc92cb4835b1be1 |