| Date Filed |
Document # |
Attachment # |
Short Description |
Long Description |
Upload date |
SHA1 hash |
| 2014-01-14 |
1 |
0 |
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PETITION FOR AN ORDER DIRECTING ARBITRATION AND APPOINTING AN ARBITRATOR, OR, IN THE ALTERNATIVE, FOR OTHER RELIEF (Filing Fee $ 350.00, Receipt Number 1085519).Document filed by Al Maya Trading Establishment.(laq) (Entered: 01/23/2014) |
2016-04-26 11:35:45 |
948a6cbe1ded1c1f86baa80ec3004788f4894769 |
| 2014-01-14 |
2 |
0 |
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NOTICE OF PETITION FOR AN ORDER DIRECTING ARBITRATION AND APPOINTING AN ARBITRATOR, OR IN THE ALTERNATIVE, FOR OTHER RELIEF re: 1 Petition (Other). Document filed by Al Maya Trading Establishment. (laq) (Entered: 01/23/2014) |
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| 2014-01-14 |
3 |
0 |
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DECLARATION of Mitchell A. Karlan re: 1 Petition (Other). Document filed by Al Maya Trading Establishment. (laq) (Entered: 01/23/2014) |
2016-04-26 11:42:47 |
465ebf947eb3d4b052475aa98dc1794005b70824 |
| 2014-01-23 |
4 |
0 |
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CERTIFICATE OF SERVICE of Notice of Petition for an Order Directing Arbitration and Appointing an Arbitrator, or, in the Alternative, for Other Relief, Petition for an Order Directing Arbitration and Appointing an Arbitrator, or, in the Alternative, for Other Relief and Declaration of Mitchell A. Karlan served on Respondent GLOBAL EXPORT MARKETING CO., LTD. on January 15, 2014. Service was accepted by Annette Chedi - Administration. Document filed by Al Maya Trading Establishment. (Karlan, Mitchell) (Entered: 01/23/2014) |
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| 2014-02-05 |
5 |
0 |
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ORDER re: 1 Petition (Other) filed by Al Maya Trading Establishment, Global Export Marketing Co., Ltd. Global Export shall respond to the petition by February 26, 2014. Al Maya shall reply by March 5, 2014. Al Maya shall serve this order on Global Export forthwith, and no later than February 7, 2014, and then file proof of service on ECF. (answer due 2/26/2014). (Replies due by 3/5/2014.) (Signed by Judge Paul A. Engelmayer on 2/5/2014) (djc) Modified on 2/6/2014 (djc). (Entered: 02/05/2014) |
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| 2014-02-06 |
6 |
0 |
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FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE OF APPEARANCE by Raymond J. Aab on behalf of Al Maya Trading Establishment. (Aab, Raymond) Modified on 2/26/2014 (db). (Entered: 02/06/2014) |
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| 2014-02-07 |
7 |
0 |
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CERTIFICATE OF SERVICE of Briefing Schedule Order served on Respondent Global Export Marketing Co., Ltd. on 02/06/2014. Service was made by electronic mail. Document filed by Al Maya Trading Establishment. (Karlan, Mitchell) (Entered: 02/07/2014) |
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| 2014-02-25 |
8 |
0 |
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FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss by Respondent Global Export Marketing, Ltd.. Document filed by Global Export Marketing Co., Ltd.. (Attachments: # 1 Affirmation in support of motion by Raymond J. Aab, # 2 Affidavit By Kevin Egan, # 3 Affidavit by Robert Richards, # 4 affirmation by Joseph Gheriafi, # 5 Affidavit by Bob Kapuscinski, # 6 Exhibit "A" to Kapuscinski aff., # 7 Exhibit "B" to Kapuscinski aff, # 8 Exhibit "C" to Kapuscinski aff)(Aab, Raymond) Modified on 2/26/2014 (ldi). (Entered: 02/25/2014) |
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| 2014-02-25 |
9 |
0 |
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FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: 8 MOTION to Dismiss by Respondent Global Export Marketing, Ltd... Document filed by Global Export Marketing Co., Ltd.. (Aab, Raymond) Modified on 2/26/2014 (ldi). (Entered: 02/25/2014) |
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| 2014-02-26 |
10 |
0 |
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NOTICE OF APPEARANCE by Raymond J. Aab on behalf of Global Export Marketing Co., Ltd.. (Aab, Raymond) (Entered: 02/26/2014) |
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| 2014-02-26 |
11 |
0 |
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AFFIDAVIT OF SERVICE of Motion to dismiss & memorandum of law served on Al Maya Trading Establishment on 2/25/20114. Service was made by Mail. Document filed by Global Export Marketing Co., Ltd.. (Aab, Raymond) (Entered: 02/26/2014) |
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| 2014-02-26 |
12 |
0 |
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FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIRMATION of Raymond J. Aab in Opposition re: 8 MOTION to Dismiss by Respondent Global Export Marketing, Ltd.. Document filed by Global Export Marketing Co., Ltd. (Aab, Raymond) Modified on 2/27/2014 (db). (Entered: 02/26/2014) |
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| 2014-02-26 |
13 |
0 |
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FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIDAVIT of Kevin Egan in Opposition re: 8 MOTION to Dismiss by Respondent Global Export Marketing, Ltd.. Document filed by Global Export Marketing Co., Ltd. (Aab, Raymond) Modified on 2/27/2014 (db). (Entered: 02/26/2014) |
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| 2014-02-26 |
14 |
0 |
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FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIDAVIT of Robert Richards in Opposition re: 8 MOTION to Dismiss by Respondent Global Export Marketing, Ltd.. Document filed by Global Export Marketing Co., Ltd. (Aab, Raymond) Modified on 2/27/2014 (db). (Entered: 02/26/2014) |
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| 2014-02-26 |
15 |
0 |
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FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIRMATION of Joseph Gheriafi in Opposition re: 8 MOTION to Dismiss by Respondent Global Export Marketing, Ltd.. Document filed by Global Export Marketing Co., Ltd. (Aab, Raymond) Modified on 2/27/2014 (db). (Entered: 02/26/2014) |
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| 2014-02-26 |
16 |
0 |
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FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIDAVIT in Opposition re: 8 MOTION to Dismiss by Respondent Global Export Marketing, Ltd.. Document filed by Global Export Marketing Co., Ltd. (Attachments: # 1 Exhibit 1999 agreement, # 2 Exhibit Invoices, # 3 Exhibit Affidavits)(Aab, Raymond) Modified on 2/27/2014 (db). (Entered: 02/26/2014) |
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| 2014-02-26 |
17 |
0 |
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FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: 8 MOTION to Dismiss by Respondent Global Export Marketing, Ltd.. Document filed by Global Export Marketing Co., Ltd. (Aab, Raymond) Modified on 2/27/2014 (db). (Entered: 02/26/2014) |
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| 2014-02-27 |
18 |
0 |
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MOTION to Dismiss petitioner's motion, pursuant ro FRCP 12(b)(6). Document filed by Global Export Marketing Co., Ltd..(Aab, Raymond) (Entered: 02/27/2014) |
2016-04-26 10:28:11 |
1cdfdd7274109e167205afeb4df82cc67a6190ce |
| 2014-02-27 |
19 |
0 |
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AFFIRMATION of Raymond J. Aab in Support re: 18 MOTION to Dismiss petitioner's motion, pursuant ro FRCP 12(b)(6).. Document filed by Global Export Marketing Co., Ltd.. (Aab, Raymond) (Entered: 02/27/2014) |
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| 2014-02-27 |
20 |
0 |
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AFFIDAVIT of Kevin Egan in Support re: 18 MOTION to Dismiss petitioner's motion, pursuant ro FRCP 12(b)(6).. Document filed by Global Export Marketing Co., Ltd.. (Aab, Raymond) (Entered: 02/27/2014) |
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| 2014-02-27 |
21 |
0 |
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AFFIDAVIT of Robert Richards in Support re: 18 MOTION to Dismiss petitioner's motion, pursuant ro FRCP 12(b)(6).. Document filed by Global Export Marketing Co., Ltd.. (Aab, Raymond) (Entered: 02/27/2014) |
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| 2014-02-27 |
22 |
0 |
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AFFIRMATION of Joseph Gheriafi in Support re: 18 MOTION to Dismiss petitioner's motion, pursuant ro FRCP 12(b)(6).. Document filed by Global Export Marketing Co., Ltd.. (Aab, Raymond) (Entered: 02/27/2014) |
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| 2014-02-27 |
23 |
0 |
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AFFIDAVIT of Bob Kapuscinski in Support re: 18 MOTION to Dismiss petitioner's motion, pursuant ro FRCP 12(b)(6).. Document filed by Global Export Marketing Co., Ltd.. (Attachments: # 1 Exhibit 1999 agreement, # 2 Exhibit Invoices, # 3 Exhibit Affidavits)(Aab, Raymond) (Entered: 02/27/2014) |
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| 2014-02-27 |
24 |
0 |
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MEMORANDUM OF LAW in Support re: 18 MOTION to Dismiss petitioner's motion, pursuant ro FRCP 12(b)(6).. Document filed by Global Export Marketing Co., Ltd.. (Aab, Raymond) (Entered: 02/27/2014) |
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| 2014-03-05 |
25 |
0 |
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MEMORANDUM OF LAW in Opposition re: 18 MOTION to Dismiss petitioner's motion, pursuant ro FRCP 12(b)(6). PETITIONER'S MEMORANDUM OF LAW IN FURTHER SUPPORT OF ITS PETITION FOR AN ORDER DIRECTING ARBITRATION AND APPOINTING AN ARBITRATOR, OR, IN THE ALTERNATIVE, FOR OTHER RELIEF, AND IN OPPOSITION TO RESPONDENT'S MOTION TO DISMISS. Document filed by Al Maya Trading Establishment. (Karlan, Mitchell) (Entered: 03/05/2014) |
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| 2014-03-05 |
26 |
0 |
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AFFIRMATION of AKIVA SHAPIRO in Opposition re: 18 MOTION to Dismiss petitioner's motion, pursuant ro FRCP 12(b)(6).. Document filed by Al Maya Trading Establishment. (Attachments: # 1 Exhibit A)(Karlan, Mitchell) (Entered: 03/05/2014) |
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26 |
1 |
Exhibit A |
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| 2014-03-05 |
27 |
0 |
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DECLARATION of ASHOK PURSWANI in Opposition re: 18 MOTION to Dismiss petitioner's motion, pursuant ro FRCP 12(b)(6).. Document filed by Al Maya Trading Establishment. (Attachments: # 1 Exhibit A through H)(Karlan, Mitchell) (Entered: 03/05/2014) |
2016-04-26 10:43:18 |
a9a127d1938989685405ad7fea35f96f069e4ccf |
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27 |
1 |
Exhibit A through H |
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| 2014-03-05 |
28 |
0 |
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DECLARATION of KOSHILA PAGARANI in Opposition re: 18 MOTION to Dismiss petitioner's motion, pursuant ro FRCP 12(b)(6).. Document filed by Al Maya Trading Establishment. (Attachments: # 1 Exhibit A)(Karlan, Mitchell) (Entered: 03/05/2014) |
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| 2014-03-05 |
29 |
0 |
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DECLARATION of RAMZI FAWAZ in Opposition re: 18 MOTION to Dismiss petitioner's motion, pursuant ro FRCP 12(b)(6).. Document filed by Al Maya Trading Establishment. (Attachments: # 1 Exhibit A through E)(Karlan, Mitchell) (Entered: 03/05/2014) |
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| 2014-03-06 |
30 |
0 |
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ORDER: On January 14, 2014, Al Maya Trading Establishment ("Al Maya") petitioned this Court for an order directing arbitration and appointing an arbitrator, or in the alternative, for judgment on its breach of contract and tort claims. Dkt. 1. On February 5, 2014, the Court directed Global Export Marketing Co., Ltd. ("Global Export") to respond to the petition by February 26, 2014, with Al Maya's reply due March 5, 2014. Dkt. 5. On February 26, 2014, Global Export moved to dismiss the petition on the grounds that the 1999 contract on which Al Maya is a fabrication or, in the alternative, for a jury trial on the validity of the 1999 contract on which Al Maya relies. Dkt. 18. On March 5, 2014, Al Maya filed its opposition to the motion to dismiss. Dkt. 25. The Court hereby clarifies that Global Export may file a reply in support of its motion to dismiss, and may do so by March 12, 2014., ( Replies due by 3/12/2014.) (Signed by Judge Paul A. Engelmayer on 3/6/2014) (lmb) (Entered: 03/06/2014) |
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| 2014-03-12 |
31 |
0 |
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REPLY MEMORANDUM OF LAW in Support re: 18 MOTION to Dismiss petitioner's motion, pursuant ro FRCP 12(b)(6).. Document filed by Global Export Marketing Co., Ltd.. (Aab, Raymond) (Entered: 03/12/2014) |
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| 2014-03-12 |
32 |
0 |
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MEMORANDUM OF LAW in Opposition re: 26 Affirmation in Opposition to Motion, 28 Declaration in Opposition to Motion, 25 Memorandum of Law in Opposition to Motion, 27 Declaration in Opposition to Motion, 29 Declaration in Opposition to Motion. Document filed by Global Export Marketing Co., Ltd.. (Aab, Raymond) (Entered: 03/12/2014) |
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| 2014-03-12 |
33 |
0 |
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AFFIDAVIT of Joseph K. Gheriafi in Opposition re: 32 Memorandum of Law in Opposition,. Document filed by Global Export Marketing Co., Ltd.. (Aab, Raymond) (Entered: 03/12/2014) |
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| 2014-03-12 |
34 |
0 |
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AFFIRMATION of Harish Bhojwani in Opposition re: 32 Memorandum of Law in Opposition,. Document filed by Global Export Marketing Co., Ltd.. (Aab, Raymond) (Entered: 03/12/2014) |
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| 2014-03-12 |
35 |
0 |
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AFFIDAVIT of Bob Kapuscinski in Opposition re: 32 Memorandum of Law in Opposition,. Document filed by Global Export Marketing Co., Ltd.. (Attachments: # 1 Exhibit Proposed FZC agreement 2010)(Aab, Raymond) (Entered: 03/12/2014) |
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| 2014-03-19 |
36 |
0 |
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OPINION AND ORDER denying 18 Motion to Dismiss. The Court, accordingly, denies both parties applications for summary judgment. This case will proceed towards the jury trial provided for by 9 U.S.C. ยง 4, with the sole issue to be decided being whether the Agreement was in fact signed by the parties, as Al Maya contends, or whether, as Global claims, it is a forgery. and as further set forth in this document. The Court will hold an initial pretrial conference with the parties on March 28,2014, at 9 a.m., at which time the Court expects to discuss with the parties any issues relevant to discovery, and to set dates for pretrial submissions and a trial date. The Clerk of Court is respectfully directed to terminate the motion pending at docket number 18. (Signed by Judge Paul A. Engelmayer on 3/19/2014) (cd) Modified on 3/24/2014 (cd). (Entered: 03/20/2014) |
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| 2014-03-28 |
37 |
0 |
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ORDER: The Court held an initial conference with the parties today and set this case down for trial beginning September 2, 2014. The Court will reassess the trial date at the pretrial conference scheduled for June 27, 2014. (Signed by Judge Paul A. Engelmayer on 3/28/2014) (cd) (Entered: 03/28/2014) |
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| 2014-03-28 |
38 |
0 |
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CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. This case is to be tried to a jury. Depositions due by 5/27/2014. Fact Discovery due by 5/27/2014. Expert Discovery due by 6/12/2014. Case Management Conference set for 6/27/2014 at 09:00 AM before Judge Paul A. Engelmayer, and as further set forth in this document. (Signed by Judge Paul A. Engelmayer on 3/28/2014) (cd) (Entered: 03/28/2014) |
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| 2014-03-28 |
39 |
0 |
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ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge James L. Cott. (Signed by Judge Paul A. Engelmayer on 3/28/2014) (cd) (Entered: 03/28/2014) |
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| 2014-03-31 |
40 |
0 |
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LETTER addressed to Judge Paul A. Engelmayer from Raymond J. Aab, Esq. dated 3/31/2014 re: discovery issue. Document filed by Global Export Marketing Co., Ltd..(Aab, Raymond) (Entered: 03/31/2014) |
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| 2014-04-01 |
41 |
0 |
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MEMO ENDORSEMENT on 40 Letter filed by Global Export Marketing Co., Ltd. ENDORSEMENT: The Court received this letter at 1:07 p.m. on March 31, 2014, while it was presiding over a criminal trial, and less than two hours before the viewing of the 1999 Agreement that is the subject of this letter. During the afternoon break, which began after 3:00 p.m., the Court, per its law clerk, called plaintiff's counsel, with whom defense counsel was expected to be. Plaintiff's counsel explained that defense counsel was then viewing the Agreement and had not brought any other persons with him to view it. Plaintiff's counsel further explained that he did not seek to prevent defense counsel from bringing his client's principals to view the document, but that he wished to set forth certain ground rules beforehand, in order to preserve the integrity of the original document. It therefore appears to the Court that there is no live dispute presently between the parties; the parties agree, and the Court concurs, that principals as well as attorneys are properly permitted to review the original Agreement. The Court will therefore take no action at this time, except to admonish the parties that they are to work in good faith to resolve discovery disputes, and that any unresolved disputes are to be brought to the Court in a timely manner. (Signed by Judge Paul A. Engelmayer on 4/1/2014) (cd) (Entered: 04/01/2014) |
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| 2014-04-01 |
42 |
0 |
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LETTER addressed to Judge Paul A. Engelmayer from Raymond J. Aab, Esq. dated 4/1/2014 re: discovery issue. Document filed by Global Export Marketing Co., Ltd.. (Attachments: # 1 Exhibit Email from Attorney Mitchell Karlan, # 2 Exhibit Email to Atty Mitchell Karlan)(Aab, Raymond) (Entered: 04/01/2014) |
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| 2014-04-01 |
43 |
0 |
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MEMO ENDORSEMENT on 42 Letter, filed by Global Export Marketing Co., Ltd. ENDORSEMENT: The Court directs plaintiff's counsel to make the original Agreement available for inspection by defense counsel and any principals, experts, or other persons defense counsel chooses to bring with him next Tuesday, 4/8/2014. This order is final. (Signed by Judge Paul A. Engelmayer on 4/1/2014) (cd) (Entered: 04/02/2014) |
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| 2014-04-16 |
44 |
0 |
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TRANSCRIPT of Proceedings re: CONFERENCE held on 3/28/2014 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Melissa Mormile, (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 5/12/2014. Redacted Transcript Deadline set for 5/22/2014. Release of Transcript Restriction set for 7/18/2014.(Rodriguez, Somari) (Entered: 04/16/2014) |
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| 2014-04-16 |
45 |
0 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/28/14 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: 04/16/2014) |
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| 2014-05-20 |
46 |
0 |
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LETTER addressed to Judge Paul A. Engelmayer from Akiva Shapiro dated May 20, 2014 re: discovery timelines. Document filed by Al Maya Trading Establishment.(Karlan, Mitchell) (Entered: 05/20/2014) |
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| 2014-05-20 |
47 |
0 |
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MEMO ENDORSEMENT on re: 46 Letter filed by Al Maya Trading Establishment. ENDORSEMENT: Respondent is directed to respond by May 23, 2014. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/20/2014) (ajs) (Entered: 05/21/2014) |
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| 2014-05-23 |
48 |
0 |
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LETTER addressed to Judge Paul A. Engelmayer from Raymond J. Aab, Esq. dated May 23, 2014 re: Response to letter by petitioner's counsel dated May 20, 2014. Document filed by Global Export Marketing Co., Ltd.. (Attachments: # 1 Exhibit Resume of V. Aginsky, # 2 Exhibit Protocol for analysis of documents)(Aab, Raymond) (Entered: 05/23/2014) |
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| 2014-05-27 |
49 |
0 |
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LETTER addressed to Judge Paul A. Engelmayer from Akiva Shapiro dated May 27, 2014 re: Reply to Respondent's Letter of May 23, 2014. Document filed by Al Maya Trading Establishment. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Karlan, Mitchell) (Entered: 05/27/2014) |
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| 2014-05-27 |
50 |
0 |
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MEMO ENDORSEMENT on re: 49 Letter, filed by Al Maya Trading Establishment, 48 Letter, filed by Global Export Marketing Co., Ltd., 46 Letter filed by Al Maya Trading Establishment. ENDORSEMENT: The Court has received the parties' letters. Dkts. 46, 48, 49. The Court's rulings are as follows. The fact and expert discovery deadlines are both extended by two weeks. Fact discovery will conclude June 10, 2014; expert discovery will conclude June 26, 2014. Respondent's application to depose Mr. Kalwani in person is denied -- respondent shall depose him by video, tomorrow, as agreed. As the case law cited by petitioner clearly demonstrates, respondent, as the party challenging the validity of the document, has the burden of proof. Respondent's expert report is therefore due first. The next conference will be held, as scheduled, on June 27, 2014, at 9 a.m. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/27/2014) (ajs) (Entered: 05/27/2014) |
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| 2014-06-10 |
51 |
0 |
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ORDER: Trial in this case is currently scheduled to commence on September 2, 2014. Today, an opening appeared in the Court's calendar, such that trial in this case could commence on July 14, 2014. The Court directs the parties to meet and confer and to inform the Court whether they wish to set this case down for trial on July 14, 2014 or to leave it as currently scheduled. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 6/10/2014) (ajs) (Entered: 06/10/2014) |
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| 2014-06-18 |
52 |
0 |
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LETTER addressed to Judge Paul A. Engelmayer from Raymond J. Aab, Esq. dated June 18, 2014 re: expert's examination of document. Document filed by Global Export Marketing Co., Ltd..(Aab, Raymond) (Entered: 06/18/2014) |
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| 2014-06-18 |
53 |
0 |
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LETTER addressed to Judge Paul A. Engelmayer from Akiva Shapiro, Esq. dated June 18, 2014 re: Response to letter from Respondent's counsel dated June 18, 2014. Document filed by Al Maya Trading Establishment. (Attachments: # 1 Exhibit Aginsky Expert Report)(Shapiro, Akiva) (Entered: 06/18/2014) |
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| 2014-06-19 |
54 |
0 |
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LETTER addressed to Judge Paul A. Engelmayer from Raymond J. Aab, Esq. dated July 19, 2014 re: expert discovery. Document filed by Global Export Marketing Co., Ltd..(Aab, Raymond) (Entered: 06/19/2014) |
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| 2014-06-19 |
55 |
0 |
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ORDER: The Court has received the parties' recent letters concerning Global's request that its expert be authorized to examine the 1999 Agency Agreement tomorrow. Dkt. 52-53. The Court will permit Global's expert to examine the 1999 Agency Agreement under a specialized scope tomorrow, at the location requested, but given the late notice, such examination will be subject to the following conditions, as further set forth in this document. (Signed by Judge Paul A. Engelmayer on 6/19/2014) (cd) (Entered: 06/19/2014) |
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| 2014-06-23 |
56 |
0 |
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LETTER addressed to Judge Paul A. Engelmayer from Akiva Shapiro, Esq. dated June 23, 2014 re: Proposed Revised Expert Discovery Schedule. Document filed by Al Maya Trading Establishment.(Shapiro, Akiva) (Entered: 06/23/2014) |
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| 2014-06-24 |
57 |
0 |
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MEMO ENDORSEMENT on re: 56 Letter filed by Al Maya Trading Establishment. ENDORSEMENT: The parties' proposed schedule is approved. SO ORDERED. (Expert Discovery due by 7/18/2014.) (Signed by Judge Paul A. Engelmayer on 6/24/2014) (ajs) (Entered: 06/24/2014) |
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| 2014-06-27 |
58 |
0 |
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ORDER: The Court held a conference today at which it set the following schedule as set forth within. Brief due by 7/1/2014. Motions due by 7/25/2014. Proposed Pretrial Order due by 8/7/2014. Responses due by 8/7/2014, Responses to Brief due by 7/7/2014, Final Pretrial Conference set for 8/13/2014 at 05:00 PM before Judge Paul A. Engelmayer. (Signed by Judge Paul A. Engelmayer on 6/27/2014) (ajs) (Entered: 06/27/2014) |
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| 2014-06-30 |
59 |
0 |
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BRIEF Describing issues for summary judgment. Document filed by Global Export Marketing Co., Ltd.. (Attachments: # 1 Exhibit UAE Civil Code, # 2 Exhibit UAE Law No 18 of 1981, # 3 Exhibit UAE Law 13 of 2006, # 4 Exhibit UAE Law No. 2 of 2010, # 5 Exhibit UAE Ct. Dec. 30-6-2001, # 6 Exhibit UAE Ct. Dec 17-5-2009)(Aab, Raymond) (Entered: 06/30/2014) |
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| 2014-07-07 |
60 |
0 |
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MEMORANDUM OF LAW in Opposition re: 59 Brief, . Document filed by Al Maya Trading Establishment. (Karlan, Mitchell) (Entered: 07/07/2014) |
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| 2014-07-07 |
61 |
0 |
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DECLARATION of HASSAN ARAB in Opposition re: 59 Brief,. Document filed by Al Maya Trading Establishment. (Attachments: # 1 Exhibit HA-001, # 2 Exhibit HA-002, # 3 Exhibit HA-003, # 4 Exhibit HA-004, # 5 Exhibit HA-005, # 6 Exhibit HA-006, # 7 Exhibit HA-007, # 8 Exhibit HA-008, # 9 Exhibit HA-009, # 10 Exhibit HA-010, # 11 Exhibit HA-011, # 12 Exhibit HA-012, # 13 Exhibit HA-013)(Karlan, Mitchell) (Entered: 07/07/2014) |
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| 2014-07-07 |
62 |
0 |
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AFFIRMATION of AKIVA SHAPIRO in Opposition re: 59 Brief,. Document filed by Al Maya Trading Establishment. (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)(Karlan, Mitchell) (Entered: 07/07/2014) |
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| 2014-07-10 |
63 |
0 |
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ORDER: The Court has received the parties' briefs concerning whether the contract containing the arbitration provision at issue is governed by, and valid under, UAE law. Dkt. 59-62. To assist the parties in planning for trial, the Court hereby informs the parties that it has determined that the contract is governed by New York law. The Court will shortly issue an opinion setting forth its reasons for that ruling. As previously announced, trial in this case will begin on September 2, 2014. The trial will concern a single issue: whether, as respondent claims, the contract in dispute is a forgery. See Dkt. 36 at 4. The parties are to begin preparations for trial in accordance with the Court's scheduling order at docket number 58. (Signed by Judge Paul A. Engelmayer on 7/10/2014) (cd) (Entered: 07/10/2014) |
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| 2014-07-11 |
64 |
0 |
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FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Reconsideration re; 60 Memorandum of Law in Opposition, 61 Declaration in Opposition, 62 Affirmation in Opposition, 63 Order,,, 59 Brief, . Document filed by Global Export Marketing Co., Ltd.. (Attachments: # 1 Affidavit by UAE Attorney Pierre Mehawej, # 2 Exhibit Resume of Pierre Mehawej, # 3 Exhibit UAE Court decisions)(Aab, Raymond) Modified on 7/14/2014 (db). (Entered: 07/11/2014) |
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| 2014-07-11 |
65 |
0 |
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FILING ERROR - DEFICIENT DOCKET ENTRY - BRIEF re: 64 MOTION for Reconsideration re; 60 Memorandum of Law in Opposition, 61 Declaration in Opposition, 62 Affirmation in Opposition, 63 Order,,, 59 Brief, . . Document filed by Global Export Marketing Co., Ltd..(Aab, Raymond) Modified on 7/14/2014 (db). (Entered: 07/11/2014) |
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| 2014-07-14 |
66 |
0 |
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NOTICE OF APPEARANCE by Omar D. Lopera on behalf of Global Export Marketing Co., Ltd.. (Lopera, Omar) (Entered: 07/14/2014) |
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| 2014-07-15 |
67 |
0 |
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OPINION & ORDER #104507: For the foregoing reasons, Global's motion for summary judgment based on UAE law is denied. The Court holds that Global's notice of its intent to raise the UAE law issue was untimely; the Agreement is governed by New York law; and under New York law, no issue has been raised as to the Agreement's validity, apart from Global's claim that it is a forgery. Separately, the Court holds, Al Maya has standing to petition to compel arbitration. Trial will proceed, as scheduled, on September 2, 2014, on the sole issue of whether the Agreement is authentic. Pre-trial submissions are due according to the schedule reflected at docket number 58. (Signed by Judge Paul A. Engelmayer on 7/15/2014) (ajs) Modified on 7/16/2014 (ca). (Entered: 07/15/2014) |
2014-07-16 09:47:24 |
aa96c16de0fbd35b8b1287716a42c030261444a7 |
| 2014-07-17 |
68 |
0 |
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LETTER addressed to Judge Paul A. Engelmayer from Akiva Shapiro dated July 17, 2014 re: Questioning at Trial about Optical Microscope Examination. Document filed by Al Maya Trading Establishment.(Shapiro, Akiva) (Entered: 07/17/2014) |
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| 2014-07-18 |
69 |
0 |
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MEMO ENDORSEMENT on 68 Letter filed by Al Maya Trading Establishment. ENDORSEMENT: Petitioner's proposal appears reasonable. By July 22, 2014, Global shall state whether it takes any issue with AI Maya's request in the last sentence of this letter, and if so, on what basis. (Signed by Judge Paul A. Engelmayer on 7/18/2014) (cd) (Entered: 07/18/2014) |
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| 2014-07-18 |
70 |
0 |
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TRANSCRIPT of Proceedings re: ARGUMENT held on 6/27/2014 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Denise Richards, (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 8/11/2014. Redacted Transcript Deadline set for 8/21/2014. Release of Transcript Restriction set for 10/20/2014.(McGuirk, Kelly) (Entered: 07/18/2014) |
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| 2014-07-18 |
71 |
0 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 6/27/2014 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: 07/18/2014) |
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| 2014-07-25 |
72 |
0 |
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MOTION in Limine to Exclude Questioning and Evidence Regarding the Corporate Structure of the Al Maya Companies and Preclude Global From Calling Harish Bhojwani and Robert Richards as Witnesses at Trial. Document filed by Al Maya Trading Establishment.(Shapiro, Akiva) (Entered: 07/25/2014) |
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| 2014-07-25 |
73 |
0 |
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AFFIRMATION of Akiva Shapiro in Support re: 72 MOTION in Limine to Exclude Questioning and Evidence Regarding the Corporate Structure of the Al Maya Companies and Preclude Global From Calling Harish Bhojwani and Robert Richards as Witnesses at Trial.. Document filed by Al Maya Trading Establishment. (Shapiro, Akiva) (Entered: 07/25/2014) |
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| 2014-07-25 |
74 |
0 |
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MOTION in Limine to preclude trial testimony of John Osborne. Document filed by Global Export Marketing Co., Ltd..(Aab, Raymond) (Entered: 07/25/2014) |
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| 2014-07-30 |
75 |
0 |
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LETTER addressed to Judge Paul A. Engelmayer from Mitchell A. Karlan dated July 30, 2014 re: Final Pretrial Conference. Document filed by Al Maya Trading Establishment.(Shapiro, Akiva) (Entered: 07/30/2014) |
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| 2014-08-01 |
76 |
0 |
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MEMO ENDORSEMENT on re: 75 Letter filed by Al Maya Trading Establishment. ENDORSEMENT: Granted. The final pretrial conference scheduled for August 13, 2014 at 5:00 p.m., will be held at 3:00 p.m. on that day. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/31/2014) (ajs) (Entered: 08/01/2014) |
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| 2014-08-07 |
77 |
0 |
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AFFIRMATION of Raymond J. Aab in Opposition re: 72 MOTION in Limine to Exclude Questioning and Evidence Regarding the Corporate Structure of the Al Maya Companies and Preclude Global From Calling Harish Bhojwani and Robert Richards as Witnesses at Trial.. Document filed by Global Export Marketing Co., Ltd.. (Aab, Raymond) (Entered: 08/07/2014) |
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| 2014-08-07 |
78 |
0 |
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REQUEST TO CHARGE. Document filed by Global Export Marketing Co., Ltd..(Aab, Raymond) (Entered: 08/07/2014) |
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| 2014-08-07 |
79 |
0 |
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REQUEST FOR VOIR DIRE. Document filed by Global Export Marketing Co., Ltd..(Aab, Raymond) (Entered: 08/07/2014) |
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| 2014-08-07 |
80 |
0 |
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JOINT FINAL TRIAL REPORT. Document filed by Al Maya Trading Establishment.(Shapiro, Akiva) (Entered: 08/07/2014) |
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| 2014-08-07 |
81 |
0 |
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MEMORANDUM OF LAW in Opposition re: 74 MOTION in Limine to preclude trial testimony of John Osborne. . Document filed by Al Maya Trading Establishment. (Shapiro, Akiva) (Entered: 08/07/2014) |
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| 2014-08-07 |
82 |
0 |
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AFFIRMATION of Akiva Shapiro in Opposition re: 74 MOTION in Limine to preclude trial testimony of John Osborne.. Document filed by Al Maya Trading Establishment. (Attachments: # 1 Exhibit Egan Deposition Transcript Excerpts, # 2 Exhibit Letter and Proposed Stipulation, # 3 Exhibit Osborn Report of Findings, # 4 Exhibit Osborn Deposition Transcript Excerpts)(Shapiro, Akiva) (Entered: 08/07/2014) |
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| 2014-08-07 |
83 |
0 |
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PRETRIAL MEMORANDUM. Document filed by Al Maya Trading Establishment.(Shapiro, Akiva) (Entered: 08/07/2014) |
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| 2014-08-08 |
84 |
0 |
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ORDER: The Court has received the parties' motions in limine and responses thereto. Dkt. 72-74, 77, 81-82. The Court directs respondent Global Export Marketing Co., Ltd. ("Global") to submit to the Court, by the close of business on Monday, August 11, 2014, two copies each of the depositions of Robert Richards and Harish Bhojwani, along with a letter indicating the portions of those depositions that Global seeks to offer at trial. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/8/2014) (ajs) (Entered: 08/08/2014) |
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| 2014-08-08 |
85 |
0 |
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REQUEST TO CHARGE. Document filed by Al Maya Trading Establishment.(Shapiro, Akiva) (Entered: 08/08/2014) |
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| 2014-08-08 |
86 |
0 |
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PROPOSED VOIR DIRE QUESTIONS. Document filed by Al Maya Trading Establishment.(Shapiro, Akiva) (Entered: 08/08/2014) |
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| 2014-08-11 |
87 |
0 |
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LETTER addressed to Judge Paul A. Engelmayer from Raymond J. Aab, Esq. dated 8/11/2014 re: Delivery of deposition transcripts. Document filed by Global Export Marketing Co., Ltd..(Aab, Raymond) (Entered: 08/11/2014) |
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| 2014-08-11 |
88 |
0 |
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NOTICE OF APPEARANCE by Seema Gupta on behalf of Al Maya Trading Establishment. (Gupta, Seema) (Entered: 08/11/2014) |
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| 2014-08-12 |
89 |
0 |
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LETTER addressed to Judge Paul A. Engelmayer from Akiva Shapiro dated August 12, 2014 re: Identification of Respondent's Exhibits. Document filed by Al Maya Trading Establishment.(Shapiro, Akiva) (Entered: 08/12/2014) |
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| 2014-08-12 |
90 |
0 |
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OPPOSITION BRIEF re: 83 Pretrial Memorandum . Document filed by Global Export Marketing Co., Ltd..(Aab, Raymond) (Entered: 08/12/2014) |
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| 2014-08-14 |
91 |
0 |
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ORDER denying 72 Motion in Limine; granting 74 Motion in Limine. A final pretrial conference in this case was held yesterday. For the reasons set forth on the record of the conference, the Court issued the following rulings: 1. Respondent Global Export Marketing Co. ("Global") has the burden of proving that the disputed 1999 agency agreement is not authentic by clear and convincing evidence. 2. Petitioner Al Maya Trading Establishment's ("Al Maya's") motion in limine to exclude all evidence regarding Al Maya's corporate structure is granted. 3. Al Maya's motion in limine to exclude the testimony of Harish Bhojwani is denied. 4. Al Maya's motion in limine to exclude the testimony of Robert Richards is granted. 5. Global's motion in limine to exclude the testimony of John Osborn is denied. The Court resolved other evidentiary and housekeeping matters as indicated on the record. The Clerk of Court is directed to terminate the matters pending at Dkt. 72 and 74. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/14/2014) (ajs) Modified on 8/18/2014 (ajs). (Entered: 08/14/2014) |
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| 2014-08-22 |
92 |
0 |
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LETTER addressed to Judge Paul A. Engelmayer from Raymond J. Aab, Esq. dated 8/22/2014 re: possible settlement and trial issues. Document filed by Global Export Marketing Co., Ltd..(Aab, Raymond) (Entered: 08/22/2014) |
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| 2014-08-22 |
93 |
0 |
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LETTER addressed to Judge Paul A. Engelmayer from Akiva Shapiro dated August 22, 2014 re: Request for Authorization to Bring Computing Devices into the Courthouse for Trial. Document filed by Al Maya Trading Establishment. (Attachments: # 1 Exhibit Proposed Order)(Shapiro, Akiva) (Entered: 08/22/2014) |
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| 2014-08-22 |
94 |
0 |
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MEMO ENDORSEMENT on re: 92 Letter filed by Global Export Marketing Co., Ltd. ENDORSEMENT: The Court directs the parties to meet and confer by next Tuesday, August 26, 2014, on the possibility of settling this case, including on the terms suggested by Mr. Aab, to wit, that Global not be precluded in arbitration from challenging the authenticity of the 1999 Agreement. If a settlement is not reached, the Court directs that Petitioner respond to the balance of Mr. Aab's letter by Wednesday, August 27, 2014. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/22/2014) (ajs) (Entered: 08/22/2014) |
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| 2014-08-27 |
95 |
0 |
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STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel for the parties herein, and it is hereby Ordered, as follows: (1) The parties agree to submit to arbitration all claims arising out of or related to the 1999 Agency Agreement. Petitioner will serve a statement of claim within 14 days from the date of this Order. (2) The American Arbitration Association shall administer the arbitration pursuant to its Rules for Commercial Arbitration; (3) The authenticity, validity, and enforceability of the 1999 Agency Agreement shall not be at issue in the arbitration and no reference to its validity, the authority of the signatories to sign the agreement, or any other issue related to its formation shall be raised in the arbitration; (4) New York law shall apply in the arbitration to all procedural and substantive issues; (5) Each party shall bear its own costs in connection with this proceeding, but the arbitrators will have discretion in awarding costs in the arbitration to award any costs and attorneys' fees associated with this proceeding; (6) The Petition is stayed, pending the resolution of the arbitration. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/27/2014) (ajs) (Entered: 08/27/2014) |
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| 2014-08-27 |
96 |
0 |
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ORDER: The Court today approved a stipulation and order submitted by the parties, which resolves this case. The Court wishes to commend counsel for working together to settle this matter and for their professionalism and able advocacy. The Clerk of Court is directed to close this case. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/27/2014) (ajs) (Entered: 08/27/2014) |
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| 2014-09-02 |
97 |
0 |
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TRANSCRIPT of Proceedings re: conference held on 8/13/2014 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Jerry Harrison, (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 9/26/2014. Redacted Transcript Deadline set for 10/6/2014. Release of Transcript Restriction set for 12/4/2014.(McGuirk, Kelly) (Entered: 09/02/2014) |
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| 2014-09-02 |
98 |
0 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 8/13/2014 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: 09/02/2014) |
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