Themis Capital, LLC et al v. Decocratic Republic of Congo et al
| Themis Capital, LLC and Des Moines Investments LTD. |
| Decocratic Republic of Congo and Central Bank of the Democratic Republic of the Congo |
| 1:2009cv01652 |
| February 23, 2009 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of U.S. |
| Gerard E. Lynch |
| Contract: Other |
| 28 U.S.C. ยง 1330 Breach of Contract |
| None |
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The following documents for this case are available for you to view or download:
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Filing
273
OPINION & ORDER: For the foregoing reasons, the Court grants plaintiffs $386,728.57 in attorneys' fees and $18,811.29 in other costs, for a total of $405,539.86. The Court respectfully directs the Clerk of Court to close the motion pending at docket 265. (As further set forth in this Opinion) (Signed by Judge Paul A. Engelmayer on 2/22/2016) (kl)
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Filing
233
OPINION & ORDER re: 227 MOTION for Reconsideration of the Court's September 4, 2014 Opinion and Order. filed by Des Moines Investments LTD., Themis Capital, LLC. Under the Credit Agreement, only the Obligor - the DRC-is li able for paying an award of attorneys' fees and costs. This award therefore runs solely against the DRC, and not against the Central Bank of the DRC. Accordingly, plaintiffs' motion for reconsideration is denied. The Clerk of Court is di rected to terminate the motion pending at docket number 227. The parties are directed to submit, no later than September 24, 2014, a proposed judgment consistent with the Court's rulings. On Friday, September 26, 2014, the Court intends to issue a final judgment and to close this case. (Signed by Judge Paul A. Engelmayer on 9/22/2014) (kgo)
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Filing
224
OPINION & ORDER re: 218 MOTION for Attorney Fees filed by Des Moines Investments LTD., Themis Capital, LLC: For the foregoing reasons, the Court grants plaintiffs' motion for an award of fees and costs as further set forth in this order. Accordingly, plaintiffs may recover a total of $3,469,940.68, less the amount billed for fees and costs between October 3 and October 22, 2013. This amount is recoverable solely from the DRC. The Clerk of Court is direc ted to terminate the motion pending at docket number 218. The parties are directed to meet and confer promptly as to the tabulation of fees and costs consistent with this Opinion & Order, and to submit, by September 11, 2014, a proposed order with respect to fees and costs that reflects the rulings herein. The Court's intention is to promptly sign such an order and then to close this case. (Signed by Judge Paul A. Engelmayer on 9/4/2014) (tn)
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Filing
213
OPINION & ORDER: For the foregoing reasons, the Court holds that the Finance Minister and Central Bank Governor had actual and apparent authority to sign debt acknowledgment letters in 1991, 1997, and 2003. Accordingly, plaintiffs attempt to collec t on this long-owed debt is not barred by New York's six-year statute of limitations. Judgment is therefore entered in favor of Themis and Des Moines, against both the DRC and the Central Bank. As to damages, the Court holds that plaintiffs ar e entitled to recover the outstanding principal and interest charges on their debt, and also to recover the first form of compound interest requested by plaintiffs. Accordingly, Themis is entitled to damages of $38,711,890.27, and Des Moine s is entitled to $30,826,825.24. Plaintiffs may recover these damages, jointly and severally, from the two defendants. The Court directs counsel for Themis and DRC to identify what, if any, open issues remain to be addressed in this litigatio n, and to submit a joint letter identifying any such issues by July 18, 2014, a judgment for the Court's approval (by e-mail in Microsoft Word format), which will include the amount in damages consistent with this Opinion & Order, as well as an amount, if agreed to by the parties, to cover plaintiffs' reasonable attorneys' fees. (Signed by Judge Paul A. Engelmayer on 7/9/2014) (cd)
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Filing
147
OPINION & ORDER: For the reasons stated above, the Court has denied defendants' motion for leave to amend their Answer. (Signed by Judge Paul A. Engelmayer on 4/18/2013) (djc)
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Filing
84
OPINION & ORDER: Plaintiffs have moved for pre-discovery summary judgment. For the reasons set forth in this Opinion and Order, that motion is denied, without prejudice to plaintiffs right to re-file after a period of limited discovery in accordance with this Opinion & Order. For the reasons stated herein, the Court holds that it may properly exercise jurisdiction over the claims alleged in the Amended Complaint. Plaintiffs' motion for summary judgment is hereby denied, without prejudice to re-filing after a period for discovery on the issues identified herein. The Clerk of Court is directed to terminate the motion at docket item 61. The parties are directed to submit a proposed case management plan, in accordance with the Court's individual rules, by August 3, 2012. Although the parties shall meet and confer as to the intermediate discovery deadlines, the deadline for completion of all discovery will be four months from the date that this Court issues the case management plan. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/26/2012) (ja)
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