| Court: | nysd |
| Docket #: | 1:13-mc-00317 |
| Case Name: | Arip v. Phoenician Capital LLC et al |
| PACER case #: | 417168 |
| Date filed: | 2013-09-10 |
| Assigned to: | Judge Part One |
| Case Cause: | M 77 Application to have subpoena issued to person living in this district re: action in foreign cou |
| Represented Party | Attorney & Contact Info |
| Maksat Arip Plaintiff |
Christopher P. Moore Jonathan I. Blackman Justin Lloyd Ormand Nathaniel Eden Jedrey |
| Phoenician Capital LLC Defendant |
Vano I. Haroutunian Brett Andrew Nadler Jason Bonk Marc R. Rosen |
| Ballon Stoll Bader & Nadler, P.C. Defendant |
Vano I. Haroutunian Brett Andrew Nadler |
| Kazakhstan Kagazy PLC Intervenor |
David E. Potter Lainie Elissa Cohen |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2013-09-06 | 1 | 0 | EX PARTE APPLICATION for an Order Pursuant to 28 U.S.C. 1782 to Conduct Discovery for use in Foreign Proceedings and Setting Expedited Schedule for Production of Documents and Briefing on any Objections or Motions to Quash. Document filed by Maksat Arip.(bwa) (Entered: 09/10/2013) | |||
| 2013-09-06 | 2 | 0 | MEMORANDUM OF LAW in Support re: 1 MOTION. Document filed by Maksat Arip. (bwa) (Entered: 09/10/2013) | |||
| 2013-09-06 | 3 | 0 | DECLARATION of Justin L. Ormand in Support re: 1 MOTION. Document filed by Maksat Arip. (bwa) (Entered: 09/10/2013) | |||
| 2013-09-09 | 4 | 0 | ORDER GRANTING EX PARTE APPLICATION FOR AN ORDER PURSUANT TO 28 U.S.C. § 1782 TO CONDUCT DISCOVERY FOR USE IN FOREIGN PROCEEDINGS AND SETTING EXPEDITED SCHEDULE FOR PRODUCTION OF DOCUMENTS AND BRIEFING ON ANY OBJECTIONS OR MOTIONS TO QUASH: The Application is accordingly GRANTED. The Court hereby GRANTS Mr. Arip leave to serve the Subpoenas. Given the impending deadlines in the English Proceedings, the Court further ORDERS as follows: ORDERED that the Applicants shall serve the Respondents with the Subpoenas, the Application and this Order no later than 12:00 p.m. on September 10, 2013 and shall file proofs of service as soon as reasonably practicable thereafter. ORDERED that any objection to or motion to quash the Subpoenas in whole or in part shall be served on Mr. Arip's counsel, Cleary Gottlieb Steen & Hamilton LLP, One Liberty Plaza, New York, New York 10006, on or before 5:00 p.m. on September 20, 2013, and that to the extent that any such objections or motion to quash rely on assertions of privilege, a privilege log complying with Local Civil Rule 26.2 shall be served concurrently therewith. ORDERED that Mr. Arip's opposition to any objections to or motion to quash the Subpoenas shall be served no later than 5:00 p.m. on September 26, 2013. ORDERED that replies in support of any objections to or motions to quash the Subpoenas in whole or in part shall be served on Mr. Arip's counsel, Cleary Gottlieb Steen & Hamilton LLP, One Liberty Plaza, New York, New York 10006, on or before 5:00 p.m. on October 1, 2013. ORDERED if Respondents file any objections or motions to quash, the Court, i.e., the Judge then sitting in Part I, shall hold a hearing on October 8, 2013, at 10 a.m. to resolve any such objections or motions., ( Status Conference set for 10/8/2013 at 10:00 AM before Judge Part One.) (Signed by Judge Paul A. Engelmayer, Part I on 9/9/2013) (lmb) (Entered: 09/10/2013) | |||
| 2013-09-11 | 5 | 0 | AFFIDAVIT OF SERVICE of Subpoena to Produce Documents, directed to Ballon Stoll Bader & Nadler, P.C.; Ex Parte Application Pursuant to 28 U.S.C. 1782 to Conduct Discovery for Use in Foreign Proceedings, with supporting papers; and Order Granting Ex Parte Application served on Ballon Stoll Bader & Nadler, P.C. on 9/9/2013. Service was accepted by Jamie Yellen, Director of Administration for Ballon Stoll Bader & Nadler, P.C.. Document filed by Maksat Arip. (Blackman, Jonathan) (Entered: 09/11/2013) | |||
| 2013-09-11 | 6 | 0 | CERTIFICATE OF SERVICE of Subpoena for Testimony, directed to Phoenician Capital LLC; Ex Parte Application Pursuant to 28 U.S.C. 1782 to Conduct Discovery for Use in Foreign Proceedings, with supporting papers; and Order Granting Ex Parte Application served on Phoenician Capital LLC on 9/9/2013. Service was accepted by Melanie McGrath, Managing Agent for Corporation Trust Co. Document filed by Maksat Arip. (Blackman, Jonathan) (Entered: 09/11/2013) | |||
| 2013-09-11 | 7 | 0 | AFFIDAVIT of of Attempted Service on Phoenician Capital LLC at 600 Madison Avenue, New York, New York dated September 11, 2013. Document filed by Maksat Arip. (Blackman, Jonathan) (Entered: 09/11/2013) | |||
| 2013-09-16 | 8 | 0 | NOTICE OF APPEARANCE by Christopher P. Moore on behalf of Maksat Arip. (Moore, Christopher) (Entered: 09/16/2013) | |||
| 2013-09-16 | 9 | 0 | NOTICE OF APPEARANCE by Justin Lloyd Ormand on behalf of Maksat Arip. (Ormand, Justin) (Entered: 09/16/2013) | |||
| 2013-09-18 | 10 | 0 | LETTER MOTION for Extension of Time and adjournment of certain dates set forth in the Court's Order Granting Ex Parte Application for an Order Pursuant to 28 U.S.C. §1782 to Conduct Discovery for Use in Foreign Proceedings and Setting Expedited Schedule for Production of Documents and Briefing On Any Objections and Motion to Quash dated September 9, 2013 addressed to Judge Paul A. Engelmayer from Vano I. Haroutunian dated 09/18/2013. Document filed by Ballon Stoll Bader & Nadler, P.C., Phoenician Capital LLC. (Attachments: # 1 Exhibit)(Haroutunian, Vano) (Entered: 09/18/2013) | |||
| 2013-09-19 | 11 | 0 | LETTER RESPONSE to Motion addressed to Judge Paul A. Engelmayer from Christopher P. Moore dated September 19, 2013 re: 10 LETTER MOTION for Extension of Time and adjournment of certain dates set forth in the Court's Order Granting Ex Parte Application for an Order Pursuant to 28 U.S.C. §1782 to Conduct Discovery for Use in Foreign Proceedings and Setting Exp. Document filed by Maksat Arip. (Moore, Christopher) (Entered: 09/19/2013) | |||
| 2013-09-19 | 12 | 0 | ORDER granting 10 Letter Motion for Extension of Time. Any objection or motion to quash the subpoenas, along with any privilege log(s), shall be filed and served on or before September 27, 2013. Any opposition to any objection or motion to quash the subpoenas shall be filed on or before October 2, 2013. Any replies in support of any objection or motion to quash the subpoenas shall be filed on or before October 6, 2013. The Judge then sitting in Part I shall hold a hearing on October 8, 2013, at 10:00 a.m. The deposition of Phoenician shall occur on either October 9,2013, or October 10, 2013, at the election of Phoenician, or on such other date mutually agreed by the parties. Deposition due by 10/10/2013. Motions due by 9/27/2013. Reply to Response to Brief due by 10/6/2013. Responses to Brief due by 10/2/2013. (Signed by Judge Paul A. Engelmayer on 9/19/2013) (cd) (Entered: 09/20/2013) | |||
| 2013-09-27 | 13 | 0 | NOTICE OF APPEARANCE by Lainie Elissa Cohen on behalf of Kazakhstan Kagazy PLC. (Cohen, Lainie) (Entered: 09/27/2013) | |||
| 2013-09-27 | 14 | 0 | MOTION to Intervene. Document filed by Kazakhstan Kagazy PLC. Return Date set for 10/8/2013 at 10:00 AM.(Cohen, Lainie) (Entered: 09/27/2013) | |||
| 2013-09-27 | 15 | 0 | MEMORANDUM OF LAW in Support re: 14 MOTION to Intervene.. Document filed by Kazakhstan Kagazy PLC. (Cohen, Lainie) (Entered: 09/27/2013) | |||
| 2013-09-27 | 16 | 0 | DECLARATION of Leigh Crestohl in Support re: 14 MOTION to Intervene.. Document filed by Kazakhstan Kagazy PLC. (Cohen, Lainie) (Entered: 09/27/2013) | |||
| 2013-09-27 | 17 | 0 | NOTICE OF APPEARANCE by David E. Potter on behalf of Kazakhstan Kagazy PLC. (Potter, David) (Entered: 09/27/2013) | |||
| 2013-09-27 | 18 | 0 | DECLARATION of Lainie E. Cohen in Support re: 14 MOTION to Intervene.. Document filed by Kazakhstan Kagazy PLC. (Potter, David) (Entered: 09/27/2013) | |||
| 2013-09-27 | 19 | 0 | MOTION to Quash Subpoenas of Phoenician Capital LLC and Ballon Stoll Bader & Nadler P.C.. Document filed by Kazakhstan Kagazy PLC. Return Date set for 10/8/2013 at 10:00 AM.(Potter, David) (Entered: 09/27/2013) | |||
| 2013-09-27 | 20 | 0 | DECLARATION of Leigh Crestohl in Support re: 19 MOTION to Quash Subpoenas of Phoenician Capital LLC and Ballon Stoll Bader & Nadler P.C... Document filed by Kazakhstan Kagazy PLC. (Potter, David) (Entered: 09/27/2013) | |||
| 2013-09-27 | 21 | 0 | DECLARATION of Lainie E. Cohen in Support re: 19 MOTION to Quash Subpoenas of Phoenician Capital LLC and Ballon Stoll Bader & Nadler P.C... Document filed by Kazakhstan Kagazy PLC. (Potter, David) (Entered: 09/27/2013) | |||
| 2013-09-27 | 22 | 0 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Kazakhstan Kagazy PLC.(Potter, David) (Entered: 09/27/2013) | |||
| 2013-09-27 | 23 | 0 | CERTIFICATE OF SERVICE of motion to intervene, motion to quash, and Rule 7.1 statement served on Maksat Arip Phoenician Capital LLC and Ballon Stoll Bader& Nadler P.C. on 9/27/13. Document filed by Kazakhstan Kagazy PLC. (Potter, David) (Entered: 09/27/2013) | |||
| 2013-09-28 | 24 | 0 | MOTION to Quash Subpoenas of Ballon Stoll Bader & Nadler, P.C. and Phoenician Capital LLC. Document filed by Ballon Stoll Bader & Nadler, P.C., Phoenician Capital LLC. Return Date set for 10/8/2013 at 10:00 AM.(Nadler, Brett) (Entered: 09/28/2013) | |||
| 2013-09-28 | 25 | 0 | MEMORANDUM OF LAW in Support re: 24 MOTION to Quash Subpoenas of Ballon Stoll Bader & Nadler, P.C. and Phoenician Capital LLC.. Document filed by Ballon Stoll Bader & Nadler, P.C., Phoenician Capital LLC. (Nadler, Brett) (Entered: 09/28/2013) | |||
| 2013-09-28 | 26 | 0 | RESPONSE to Discovery Request from Ballon Stoll Bader & Nadler, P.C. and Phoenician Capital LLC.Document filed by Ballon Stoll Bader & Nadler, P.C., Phoenician Capital LLC.(Nadler, Brett) (Entered: 09/28/2013) | |||
| 2013-09-28 | 27 | 0 | MEMORANDUM OF LAW in Support re: 19 MOTION to Quash Subpoenas of Phoenician Capital LLC and Ballon Stoll Bader & Nadler P.C... Document filed by Kazakhstan Kagazy PLC. (Cohen, Lainie) (Entered: 09/28/2013) | |||
| 2013-09-30 | 28 | 0 | DECLARATION of Lainie E. Cohen in Support re: 19 MOTION to Quash Subpoenas of Phoenician Capital LLC and Ballon Stoll Bader & Nadler P.C.., 14 MOTION to Intervene.. Document filed by Kazakhstan Kagazy PLC. (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)(Cohen, Lainie) (Entered: 09/30/2013) | |||
| 2013-09-30 | 29 | 0 | ENDORSED LETTER addressed to Judge Paul A. Engelmayer from Christopher P. Moore dated 9/30/2013 re: Mr. Arip respectfully requests that Your Honor 1) hold that Respondents' have waived any privilege or protection that may have attached to the statements contained or documents referenced in the Declaration as well as any related subject matter, and direct that Respondents immediately produce a complete and unredacted version of the Declaration to Mr. Arip and file it on the public docket or, in the alternative, 2) direct that Respondents' immediately provide Mr. Arip's counsel with an unredacted copy of the Declaration on an attorneys' eyes only basis, and reserve on the issue of waiver pending the resolution of the pending motions to quash. ENDORSEMENT: Ordered: Respondents shall immediately (today) serve an unredacted version of the Declaration on applicant Arip's counsel. Such Declaration may also be filed under seal in this matter--but is not for in camera review. This Court's determination is without waiver of any potentially applicable privileges. (Signed by Judge Katherine B. Forrest, Part I on 9/30/2013) (mro) (Entered: 10/01/2013) | |||
| 2013-10-03 | 30 | 0 | MEMORANDUM OF LAW in Opposition re: 19 MOTION to Quash Subpoenas of Phoenician Capital LLC and Ballon Stoll Bader & Nadler P.C.., 24 MOTION to Quash Subpoenas of Ballon Stoll Bader & Nadler, P.C. and Phoenician Capital LLC.. Document filed by Maksat Arip. (Moore, Christopher) (Entered: 10/03/2013) | |||
| 2013-10-03 | 31 | 0 | DECLARATION of Justin L. Ormand, dated October 3, 2013 in Opposition re: 19 MOTION to Quash Subpoenas of Phoenician Capital LLC and Ballon Stoll Bader & Nadler P.C.., 24 MOTION to Quash Subpoenas of Ballon Stoll Bader & Nadler, P.C. and Phoenician Capital LLC.. Document filed by Maksat Arip. (Attachments: # 1 Exhibit N (Redacted), # 2 Exhibit O, # 3 Exhibit P, # 4 Exhibit Q, # 5 Exhibit R, # 6 Exhibit S, # 7 Exhibit T, # 8 Exhibit U)(Moore, Christopher) (Entered: 10/03/2013) | |||
| 2013-10-06 | 32 | 0 | REPLY MEMORANDUM OF LAW in Support re: 19 MOTION to Quash Subpoenas of Phoenician Capital LLC and Ballon Stoll Bader & Nadler P.C... Document filed by Kazakhstan Kagazy PLC. (Cohen, Lainie) (Entered: 10/06/2013) | |||
| 2013-10-06 | 33 | 0 | DECLARATION of Leigh Crestohl in Support re: 19 MOTION to Quash Subpoenas of Phoenician Capital LLC and Ballon Stoll Bader & Nadler P.C... Document filed by Kazakhstan Kagazy PLC. (Cohen, Lainie) (Entered: 10/06/2013) | |||
| 2013-10-06 | 34 | 0 | CERTIFICATE OF SERVICE of Reply Memorandum and Declaration in support thereof served on Maksat Arip, Phoenician Capital and Ballon Stoll Bader & Nadler PC on 10/6/2013. Document filed by Kazakhstan Kagazy PLC. (Cohen, Lainie) (Entered: 10/06/2013) | |||
| 2013-10-07 | 35 | 0 | REPLY MEMORANDUM OF LAW in Support re: 24 MOTION to Quash Subpoenas of Ballon Stoll Bader & Nadler, P.C. and Phoenician Capital LLC.. Document filed by Ballon Stoll Bader & Nadler, P.C., Phoenician Capital LLC. (Nadler, Brett) (Entered: 10/07/2013) | |||
| 2013-10-07 | 36 | 0 | REPLY AFFIRMATION of Vano I. Haroutunian in Support re: 24 MOTION to Quash Subpoenas of Ballon Stoll Bader & Nadler, P.C. and Phoenician Capital LLC.. Document filed by Ballon Stoll Bader & Nadler, P.C., Phoenician Capital LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Nadler, Brett) (Entered: 10/07/2013) | |||
| 2013-10-07 | 37 | 0 | LETTER addressed to Judge Robert P. Patterson from Christopher P. Moore dated October 7, 2013 Document filed by Maksat Arip.(Moore, Christopher) (Entered: 10/07/2013) | |||
| 2013-10-09 | 38 | 0 | LETTER addressed to Judge Robert P. Patterson from Vano Haroutunian, Esq. dated 10 08 2013 re: Response Letter to Applicant's Letter to Court. Document filed by Ballon Stoll Bader & Nadler, P.C., Phoenician Capital LLC.(Haroutunian, Vano) (Entered: 10/09/2013) | |||
| 2013-10-09 | 39 | 0 | LETTER addressed to Judge Robert P. Patterson from Lainie E. Cohen for Kazakhstan Kagazy PLC dated 10/9/13 re: Arip's October 8 and 9 letters Demanding Relief. Document filed by Kazakhstan Kagazy PLC.(Cohen, Lainie) (Entered: 10/09/2013) | |||
| 2013-10-09 | 40 | 0 | AMENDED LETTER addressed to Judge Robert P. Patterson from Lainie E. Cohen for Kazakhstan Kagazy PLC dated October 9, 2013 re: Arip's Octoebr 8 and 9 letters Demanding Relief. Document filed by Kazakhstan Kagazy PLC.(Cohen, Lainie) (Entered: 10/09/2013) | |||
| 2013-10-09 | 41 | 0 | LETTER addressed to Judge Robert P. Patterson from Christopher P. Moore dated October 9, 2013 re: in response to the letter of Kazakhstan Kagazy PLC 39 . Document filed by Maksat Arip.(Moore, Christopher) (Entered: 10/09/2013) | |||
| 2013-10-09 | 42 | 0 | ORDER: Accordingly, any privilege that might have otherwise attached has been waived.Therefore, the Court grants Mr. Arip's request to use the entire un-redacted version of the Declaration for any purpose in connection with the English proceedings. So Ordered (Signed by Judge Robert P. Patterson Part 1 Judge on 10/9/2013) (js) (Entered: 10/09/2013) | |||
| 2013-10-09 | 43 | 0 | LETTER addressed to Judge Robert P. Patterson from Vano I. Haroutunian dated 10/8/2013 re: For the foregoing reasons, and those discussed at today's hearing, Respondents respectfully request that the Court deny Mr. Arip's letter request of October 8, 20] 3 (i.e., for permission to use Respondents' privileged and confidential information in the English Proceedings) in its entirety Document filed by Ballon Stoll Bader & Nadler, P.C., Phoenician Capital LLC.(js) (Entered: 10/09/2013) | |||
| 2013-10-09 | 44 | 0 | LETTER addressed to Judge Robert P. Patterson from Christopher P. Moore dated 10/8/2013 re: Respondents hereby respectfully submit this letter to request an Order permitting Respondents to file in redacted form the attached Declaration of Vana 1. Haroutunian in Support of Respondents' Motion to Quash (the "Haroutunian Declaration"). Document filed by Maksat Arip.(js) (Entered: 10/09/2013) | |||
| 2013-10-09 | 45 | 0 | LETTER addressed to Judge Robert P. Patterson from Christopher P. Moore dated 10/9/2013 re: Counsel respectfully request that the Court grant, by endorsing this letter, Mr. Arip's request to 1) use the entire unredacted version of the Declaration for any purpose in connection with the English proceedings Or alternatively. 2) use a version of the Declaration without any redactions for paragraphs 9, 11, 12, 20, 25, 27. and 33 for any purpose in connection with those proceedings. and reserve decision on Respondents' remaining proposed redactions pending further briefing.Document filed by Maksat Arip.(js) (Entered: 10/09/2013) | |||
| 2013-10-10 | 46 | 0 | MEMO ENDORSED on re: 39 Letter filed by Kazakhstan Kagazy PLC. ENDORSEMENT: After argument, the Court first recorded Ballon Stoll's letter of 10/8/2013. So Ordered (Signed by Judge Robert P. Patterson on 10/10/2013) (js) (Entered: 10/10/2013) | |||
| 2013-10-10 | 47 | 0 | LETTER addressed to Judge Robert P. Patterson from Christopher P. Moore dated October 10, 2013 re: Order dated October 9, 2013 (Dkt. No. 42). Document filed by Maksat Arip. (Attachments: # 1 Exhibit)(Moore, Christopher) (Entered: 10/10/2013) | |||
| 2013-10-15 | 48 | 0 | MEMO ENDORSEMENT on re: 47 Letter filed by Maksat Arip. ENDORSEMENT: Application granted. Upon review in camera of the yellow and green highlighted documents, the subject matter is related to that of the Haroutunian Declaration, and therefore must be produced, even though the common interest rule appears applicable. All other documents subpoenaed were ordered to be produced at the hearing. So Ordered. (Signed by Judge Robert P. Patterson on 10/11/2013) (rjm) (Entered: 10/15/2013) | |||
| 2013-10-15 | 49 | 0 | LETTER addressed to Judge Robert P. Patterson from Lainie E. Cohen for Kazakhstan Kagazy PLC dated 10-15-2013 re: The Court's Memo Endorsement of Arip's October 10 lettter. Document filed by Kazakhstan Kagazy PLC.(Cohen, Lainie) (Entered: 10/15/2013) | |||
| 2013-10-15 | 50 | 0 | LETTER addressed to Judge Robert P. Patterson from Christopher P. Moore dated October 15, 2013 re: Intervenor Kazakhstan Kagazy PLC's letter 47 requesting that the Court reconsider its Order of October 11, 2013. Document filed by Maksat Arip.(Moore, Christopher) (Entered: 10/15/2013) | |||
| 2013-10-16 | 51 | 0 | MEMO ENDORSEMENT on re: 49 Letter filed by Kazakhstan Kagazy PLC. ENDORSEMENT: Application denied. See attached endorsement. So ordered. Application denied. Bass Public Ltd. Co. v. Promus Companies, Inc., 868 F. Supp. 615 (S.D.N.Y. 1994), the case cited by KK PLC, asserts that "as a general rule, disclosure to a third party of privileged information automatically waives the confidentiality privilege." While the Promus Court notes that the joint defense privilege creates an exception to that rule, the privilege "only applies... to communications between actual or potential co-defendants and their attorney," and therefore, it does not apply when these communications are submitted to a separate third party. Here, where Mr. Haroutunian quoted the green-and yellow highlighted documents in his submission to this Court, he unilaterally waived any privilege that may have attached to the documents. Therefore, Respondents must comply with the Court's order and produce the documents. It is so ordered. (Signed by Judge Robert P. Patterson in Part I on 10/16/2013) (rjm) (Entered: 10/17/2013) | |||
| 2013-10-17 | 52 | 0 | LETTER addressed to Judge Robert P. Patterson from Vano Haroutunian, Esq. dated 10/17/2013 re: Reconsider Memo Endorsement. Document filed by Ballon Stoll Bader & Nadler, P.C., Phoenician Capital LLC.(Haroutunian, Vano) (Entered: 10/17/2013) | |||
| 2013-10-17 | 53 | 0 | TRANSCRIPT of Proceedings re: CONFERENCE held on 10/8/2013 before Judge Robert P. Patterson. Court Reporter/Transcriber: Ann Hairston, (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 11/12/2013. Redacted Transcript Deadline set for 11/21/2013. Release of Transcript Restriction set for 1/18/2014.(Rodriguez, Somari) (Entered: 10/17/2013) | |||
| 2013-10-17 | 54 | 0 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/8/13 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...(Rodriguez, Somari) (Entered: 10/17/2013) | |||
| 2013-10-18 | 55 | 0 | EMERGENCY LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Robert P. Patterson from Vano Haroutunian dated October 18, 2013. Document filed by Ballon Stoll Bader & Nadler, P.C., Phoenician Capital LLC.(Haroutunian, Vano) (Entered: 10/18/2013) | |||
| 2013-10-18 | 56 | 0 | MOTION to Stay re: 48 Memo Endorsement, 51 Memo Endorsement,,,, Pending Appeal. (Filing Fee $ 46.00.) Document filed by Kazakhstan Kagazy PLC.(Cohen, Lainie) (Entered: 10/18/2013) | |||
| 2013-10-18 | 57 | 0 | MEMORANDUM OF LAW in Support re: 56 MOTION to Stay re: 48 Memo Endorsement, 51 Memo Endorsement,,,, Pending Appeal. (Filing Fee $ 46.00.). Document filed by Kazakhstan Kagazy PLC. (Cohen, Lainie) (Entered: 10/18/2013) | |||
| 2013-10-18 | 58 | 0 | DECLARATION of Leigh Crestohl in Support re: 56 MOTION to Stay re: 48 Memo Endorsement, 51 Memo Endorsement,,,, Pending Appeal. (Filing Fee $ 46.00.). Document filed by Kazakhstan Kagazy PLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Cohen, Lainie) (Entered: 10/18/2013) | |||
| 2013-10-18 | 59 | 0 | ENDORSED LETTER addressed to Judge Robert P. Patterson from Christopher P. Moore dated 10/18/2013 re: We respectfully request that the Court, by endorsing this letter, order respondents, on pain of sanctions, to produce all information covered by the green-and yellow-highlighted documents, including attachments, before 4:00 p.m. today. ENDORSEMENT: Application granted. Defendants are ordered to deliver to Cleary Gottlieb's New York Office the green and yellow highlighted documents including attachments by 4:00 PM today. So Ordered. (Signed by Judge Robert P. Patterson on 10/18/2013) (rjm) (Entered: 10/18/2013) | |||
| 2013-10-18 | 60 | 0 | LETTER addressed to Judge Robert P. Patterson from Vano I. Haroutunian, Esq. dated 10/18/2013 re: Reply to Petitioner Maksat Arip's Letter to the Court.. Document filed by Ballon Stoll Bader & Nadler, P.C., Phoenician Capital LLC.(Haroutunian, Vano) (Entered: 10/18/2013) | |||
| 2013-10-18 | 61 | 0 | ENDORSED LETTER addressed to Judge Robert P. Patterson from Lainie E. Cohen dated 10/18/2013 re: KK PLC called the Court earlier to seek instruction on scheduling a hearing date for the motion but was unable to get clarification. KK PLC respectfully requests that the Court deny the relief requested in Arip's October 18, 2013 letter and allow the Motion to Stay to proceed to hearing. ENDORSEMENT: Application Denied. The English proceedings are to be held on 10/28/13. (Signed by Judge Robert P. Patterson - Part I on 01/18/2013) (djc) Modified on 10/21/2013 (djc). (Entered: 10/21/2013) | |||
| 2013-10-21 | 62 | 0 | LETTER addressed to Judge Robert P. Patterson from Christopher P. Moore dated October 21, 2013 re: requesting entry of the enclosed proposed scheduling order. Document filed by Maksat Arip. (Attachments: # 1 Proposed Order)(Moore, Christopher) (Entered: 10/21/2013) | |||
| 2013-10-18 | 63 | 0 | MEMO ENDORSEMENT on re: 60 Letter, filed by Phoenician Capital LLC, Ballon Stoll Bader & Nadler, P.C. ENDORSEMENT: Application Denied. Respondent shall deliver the documents to Cleary Gottlieb today or face sanctions. (Signed by Judge Robert P. Patterson on 10/18/2013) (djc) Modified on 10/21/2013 (djc). (Entered: 10/21/2013) | |||
| 2013-10-21 | 64 | 0 | NOTICE OF APPEARANCE by Marc R. Rosen on behalf of Phoenician Capital LLC. (Rosen, Marc) (Entered: 10/21/2013) | |||
| 2013-10-18 | 65 | 0 | ENDORSED LETTER addressed to Judge Robert P. Patterson from Vano I. Haroutunian dated 10/17/2013 re: Respondents Ballon Stoll and Phoenician join Kazakhstan Kagazy PLC ("KK") in respectfully requesting that Your Honor reconsider the Memo Endorsement for the reasons set forth in Lainie E. Cohen, Esg.'s letter to the Court of October 15, 2013, as well as in Respondents' briefs submitted in support and reply of their motions to quash. ENDORSEMENT: Application Denied for the reasons Ms. Cohen's application was denied.(Signed by Judge Robert P. Patterson on 10/18/2013) (djc) (Entered: 10/21/2013) | |||
| 2013-10-21 | 66 | 0 | CERTIFICATE OF SERVICE of Notice of Appearance served on all counsel of record on October 21, 2013. Service was made by Mail. Document filed by Phoenician Capital LLC. (Rosen, Marc) (Entered: 10/21/2013) | |||
| 2013-10-21 | 67 | 0 | LETTER addressed to Judge Robert P. Patterson from Vano I. Haroutunian, Esq. dated 10/21/2013 re: Reply to the Letter faxed to the Court by Maksat Arip on 10/21/13. Document filed by Ballon Stoll Bader & Nadler, P.C., Phoenician Capital LLC.(Haroutunian, Vano) (Entered: 10/21/2013) | |||
| 2013-10-21 | 68 | 0 | NOTICE OF APPEARANCE by Nathaniel Eden Jedrey on behalf of Maksat Arip. (Jedrey, Nathaniel) (Entered: 10/21/2013) | |||
| 2013-10-22 | 69 | 0 | ORDER SETTING SCHEDULE FOR THE EXPEDITED COMPLETION DISCOVERY: NOW, THEREFORE, the Court hereby ORDERS as follows: 1. By 12:00 pm on October 21, 2013, Respondents shall: (a) produce all attachments identified in Respondents' privilege log, together with the corresponding email chains, such that the attachment follow their parent emails. Application moot. Ballon Stoll has agreed by letter dated 10/21/2013. And as set forth herein. SO ORDERED. ( Deposition due by 10/22/2013.) (Signed by Part I Judge Robert P. Patterson on 10/21/2013) (ama) Modified on 10/22/2013 (ama). (Entered: 10/22/2013) | |||
| 2013-10-22 | 70 | 0 | NOTICE OF APPEARANCE by Jason Bonk on behalf of Phoenician Capital LLC. (Bonk, Jason) (Entered: 10/22/2013) | |||
| 2013-10-22 | 71 | 0 | LETTER addressed to Judge Robert P. Patterson from Christopher P. Moore dated 10/18/2013 re: I write to correct an error in the letter we sent the Court earlier this afternoon. The references in footnote 1 to October 14, 2013, should be references to October 15, 2013. (ama) (Entered: 10/22/2013) | |||
| 2013-10-22 | 72 | 0 | LETTER addressed to Judge Robert P. Patterson from Christopher P. Moore dated October 22, 2013 re: extension of certain deadlines. Document filed by Maksat Arip.(Moore, Christopher) (Entered: 10/22/2013) |