CEF ENERGIA, B.V. v. ITALIAN REPUBLIC
| CEF ENERGIA, B.V. |
| ITALIAN REPUBLIC |
| 1:2019cv03443 |
| November 15, 2019 |
| US District Court for the District of Columbia |
| Ketanji Brown Jackson |
| Arbitration |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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MINUTE ORDER. Per this Court's minute order entered on December 13, 2019, it is hereby ORDERED that the case of Greentech Energy Systems A/S v. Italian Republic, 19-cv-3444, is consolidated with the instant case. As a result, any further filings in either of those cases shall be filed in this case, No. 19-cv-3443. It is FURTHER ORDERED that the following briefing schedule is set: Plaintiffs' responses to Defendant's motions to dismiss are due on or before January 22, 2020, and Defendant's replies are due on or before February 5, 2020. In lieu of separate responses, Plaintiffs may file a consolidated response and Defendant may file a consolidated reply. Signed by Judge Ketanji Brown Jackson on 01/08/2020. (lckbj3)
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MINUTE ORDER STAYING obligation to respond to #26 Motion to Dismiss or to Stay until further Order of this Court and pending resolution of consolidation question, and finding as moot #29 Motion for Extension of Time to Respond to Motion to Dismiss or Stay. Signed by Judge Ketanji Brown Jackson on 12/13/2019. (jag) Modified on 12/13/2019 (jag).
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MINUTE ORDER. Presently pending before this Court are two related cases: CEF Energia, B.V. v. Italian Republic, 19cv3443, and Greentech Energy Systems A/S v. Italian Republic, 19cv3444. These two cases are currently at similarly early stages, and the claims in each case concern similar facts and involve several identical legal issues. The Court is therefore inclined to consolidate the cases. See Fed. R. Civ. P. 42(a)(2) (authorizing a court to consolidate multiple actions when they "involve a common question of law or fact"). Accordingly, the Court is hereby providing notice that these two cases will be consolidated on 1/6/2020, unless the parties object. Any objection shall be filed on the docket on or before 1/3/2020. Signed by Judge Ketanji Brown Jackson on 12/13/2019. (jag)
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| Filing 29 MOTION for Extension of Time to File Response to the Italian Republic's December 7, 2019 Submission by CEF ENERGIA, B.V. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Berger, James) |
| Filing 27 NOTICE OF WITHDRAWAL OF MOTION by ITALIAN REPUBLIC re #25 MOTION to Dismiss Petition to Enforce Arbitral Award MOTION to Dismiss for Lack of Jurisdiction , #24 MOTION to Dismiss Petition to Enforce Arbitral Award MOTION to Dismiss for Lack of Jurisdiction (Riley, Thomas) |
| Filing 28 RESPONSE re #1 Notice of Removal (Petition to Enforce Arbitral Award), filed by ITALIAN REPUBLIC. (See Docket Entry #26 to view document) (jf) |
| Filing 26 MOTION to Dismiss Petition to Enforce Arbitral Award, MOTION to Dismiss for Lack of Jurisdiction alternatively, Motion to Stay by ITALIAN REPUBLIC (Attachments: #1 Memorandum in Support, #2 Expert Report of Patricia Shaughnessy, #3 Exhibit Exhibit 1 in Support of Expert Report of Patricia Shaughnessy, #4 Exhibit Exhibit 2 in Support of Expert Report of Patricia Shaughnessy, #5 Exhibit Exhibit 3 in Support of Expert Report of Patricia Shaughnessy, #6 Exhibit Exhibit 4 in Support of Expert Report of Patricia Shaughnessy, #7 Exhibit Exhibit 5 in Support of Expert Report of Patricia Shaughnessy, #8 Exhibit Exhibit 6 in Support of Expert Report of Patricia Shaughnessy, #9 Exhibit Exhibit 7 in Support of Expert Report of Patricia Shaughnessy, #10 Exhibit Exhibit 8 in Support of Expert Report of Patricia Shaughnessy, #11 Exhibit Exhibit 9 in Support of Expert Report of Patricia Shaughnessy, #12 Exhibit Exhibit 10 in Support of Expert Report of Patricia Shaughnessy, #13 Exhibit Exhibit 11 in Support of Expert Report of Patricia Shaughnessy, #14 Exhibit Exhibit 12 in Support of Expert Report of Patricia Shaughnessy, #15 Exhibit Exhibit 13 in Support of Expert Report of Patricia Shaughnessy, #16 Exhibit Exhibit 14 in Support of Expert Report of Patricia Shaughnessy, #17 Exhibit Exhibit 15 in Support of Expert Report of Patricia Shaughnessy, #18 Exhibit Exhibit 16 in Support of Expert Report of Patricia Shaughnessy, #19 Exhibit Exhibit 17 in Support of Expert Report of Patricia Shaughnessy, #20 Expert Report of Marc Bungenberg, #21 Exhibit Exhibit 1 in Support of Expert Report of Marc Bungenberg, #22 Exhibit Exhibit 2 in Support of Expert Report of Marc Bungenberg, #23 Exhibit Exhibit 3 in Support of Expert Report of Marc Bungenberg, #24 Exhibit Exhibit 4 in Support of Expert Report of Marc Bungenberg, #25 Exhibit Exhibit 5 in Support of Expert Report of Marc Bungenberg, #26 Exhibit Exhibit 6 in Support of Expert Report of Marc Bungenberg, #27 Exhibit Exhibit 7 in Support of Expert Report of Marc Bungenberg, #28 Exhibit Exhibit 8 in Support of Expert Report of Marc Bungenberg, #29 Exhibit Exhibit 9 in Support of Expert Report of Marc Bungenberg, #30 Exhibit Exhibit 10 in Support of Expert Report of Marc Bungenberg, #31 Exhibit Exhibit 11 in Support of Expert Report of Marc Bungenberg, #32 Exhibit Exhibit 12 in Support of Expert Report of Marc Bungenberg, #33 Exhibit Exhibit 13 in Support of Expert Report of Marc Bungenberg, #34 Exhibit Exhibit 14 in Support of Expert Report of Marc Bungenberg, #35 Exhibit Exhibit 15 in Support of Expert Report of Marc Bungenberg, #36 Exhibit Exhibit 16 in Support of Expert Report of Marc Bungenberg, #37 Exhibit Exhibit 17 in Support of Expert Report of Marc Bungenberg, #38 Exhibit Exhibit 18 in Support of Expert Report of Marc Bungenberg, #39 Exhibit Exhibit 19 in Support of Expert Report of Marc Bungenberg, #40 Exhibit Exhibit 20 in Support of Expert Report of Marc Bungenberg, #41 Exhibit Exhibit 21 in Support of Expert Report of Marc Bungenberg, #42 Exhibit Exhibit 22 in Support of Expert Report of Marc Bungenberg, #43 Exhibit Exhibit 23 in Support of Expert Report of Marc Bungenberg, #44 Exhibit Exhibit 24 in Support of Expert Report of Marc Bungenberg, #45 Exhibit Exhibit 25 in Support of Expert Report of Marc Bungenberg, #46 Exhibit Exhibit 26 in Support of Expert Report of Marc Bungenberg, #47 Exhibit Exhibit 27 in Support of Expert Report of Marc Bungenberg, #48 Exhibit Exhibit 28 in Support of Expert Report of Marc Bungenberg, #49 Exhibit Exhibit 29 in Support of Expert Report of Marc Bungenberg, #50 Exhibit Exhibit 30 in Support of Expert Report of Marc Bungenberg, #51 Exhibit Exhibit 31 in Support of Expert Report of Marc Bungenberg, #52 Exhibit Exhibit 32 in Support of Expert Report of Marc Bungenberg, #53 Exhibit Exhibit 33 in Support of Expert Report of Marc Bungenberg, #54 Exhibit Exhibit 34 in Support of Expert Report of Marc Bungenberg, #55 Exhibit Exhibit 35 in Support of Expert Report of Marc Bungenberg, #56 Exhibit Exhibit 36 in Support of Expert Report of Marc Bungenberg, #57 Exhibit Exhibit 37 in Support of Expert Report of Marc Bungenberg, #58 Exhibit Exhibit 38 in Support of Expert Report of Marc Bungenberg, #59 Exhibit Exhibit 39 in Support of Expert Report of Marc Bungenberg, #60 Exhibit Exhibit 40 in Support of Expert Report of Marc Bungenberg, #61 Exhibit Exhibit 41 in Support of Expert Report of Marc Bungenberg, #62 Exhibit Exhibit 42 in Support of Expert Report of Marc Bungenberg, #63 Exhibit Exhibit 43 in Support of Expert Report of Marc Bungenberg, #64 Exhibit Exhibit 44 in Support of Expert Report of Marc Bungenberg, #65 Exhibit Exhibit 45 in Support of Expert Report of Marc Bungenberg, #66 Exhibit Exhibit 46 in Support of Expert Report of Marc Bungenberg, #67 Exhibit Exhibit 47 in Support of Expert Report of Marc Bungenberg, #68 Exhibit Exhibit 48 in Support of Expert Report of Marc Bungenberg, #69 Exhibit Exhibit 49 in Support of Expert Report of Marc Bungenberg, #70 Exhibit Exhibit 50 in Support of Expert Report of Marc Bungenberg, #71 Exhibit Exhibit 51 in Support of Expert Report of Marc Bungenberg, #72 Exhibit Exhibit 52 in Support of Expert Report of Marc Bungenberg, #73 Exhibit Exhibit 53 in Support of Expert Report of Marc Bungenberg, #74 Exhibit Exhibit 54 in Support of Expert Report of Marc Bungenberg, #75 Exhibit Exhibit 55 in Support of Expert Report of Marc Bungenberg, #76 Exhibit Exhibit 56 in Support of Expert Report of Marc Bungenberg, #77 Exhibit Exhibit 57 in Support of Expert Report of Marc Bungenberg, #78 Exhibit Exhibit 58 in Support of Expert Report of Marc Bungenberg, #79 Exhibit Exhibit 59 in Support of Expert Report of Marc Bungenberg, #80 Exhibit Exhibit 60 in Support of Expert Report of Marc Bungenberg, #81 Exhibit Exhibit 61 in Support of Expert Report of Marc Bungenberg, #82 Exhibit Exhibit 62 in Support of Expert Report of Marc Bungenberg, #83 Exhibit Exhibit 63 in Support of Expert Report of Marc Bungenberg, #84 Exhibit Exhibit 64 in Support of Expert Report of Marc Bungenberg, #85 Exhibit Exhibit 65 in Support of Expert Report of Marc Bungenberg, #86 Exhibit Exhibit 66 in Support of Expert Report of Marc Bungenberg, #87 Exhibit Exhibit 67 in Support of Expert Report of Marc Bungenberg, #88 Exhibit Exhibit 68 in Support of Expert Report of Marc Bungenberg, #89 Exhibit Exhibit 69 in Support of Expert Report of Marc Bungenberg, #90 Exhibit Exhibit 70 in Support of Expert Report of Marc Bungenberg, #91 Exhibit Exhibit 71 in Support of Expert Report of Marc Bungenberg, #92 Exhibit Exhibit 72 in Support of Expert Report of Marc Bungenberg, #93 Exhibit Exhibit 73 in Support of Expert Report of Marc Bungenberg, #94 Exhibit Exhibit 74 in Support of Expert Report of Marc Bungenberg, #95 Exhibit Exhibit 75 in Support of Expert Report of Marc Bungenberg, #96 Exhibit Exhibit 76 in Support of Expert Report of Marc Bungenberg, #97 Exhibit Exhibit 77 in Support of Expert Report of Marc Bungenberg, #98 Exhibit Exhibit 78 in Support of Expert Report of Marc Bungenberg, #99 Exhibit Exhibit 79 in Support of Expert Report of Marc Bungenberg, #100 Affidavit Affidavit of James Hope, #101 Exhibit Exhibit 1 to Affidavit of James Hope, #102 Declaration Declaration of Benjamin Mills, #103 Exhibit Exhibit A to Declaration of Benjamin Mills, #104 [Proposed] Order)(Riley, Thomas). Added MOTION to Stay on 12/10/2019 (jf). |
| Filing 25 WITHDRAWN PURSUANT TO #27 NOTICE OF WITHDRAWAL.....MOTION to Dismiss Petition to Enforce Arbitral Award, MOTION to Dismiss for Lack of Jurisdiction by ITALIAN REPUBLIC (Attachments: #1 Memorandum in Support, #2 Expert Report pf Patricia Shaughnessy, #3 Exhibits in Support of Expert Report of Patricia Shaughnessy, #4 Expert Report of Marc Bungenberg, #5 Exhibits 1-25 in Support of Expert Report of Marc Bungenberg, #6 Exhibits 26-50 in Support of Expert Report of Marc Bungenberg, #7 Exhibits 51-79 in Support of Expert Report of Marc Bungenberg, #8 Affidavit of James Hope, #9 Exhibit 1 to Affidavit of James Hope, #10 Declaration of Benjamin Mills, #11 Exhibit A to Declaration of Benjamin Mills, #12 Proposed Order)(Leathley, Christian) Modified on 12/10/2019 (jf). |
| Filing 24 WITHDRAWN PURSUANT TO #27 NOTICE OF WITHDRAWAL.....MOTION to Dismiss Petition to Enforce Arbitral Award, MOTION to Dismiss for Lack of Jurisdiction by ITALIAN REPUBLIC (Leathley, Christian) Modified on 12/10/2019 (jf). |
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Filing 23
GENERAL ORDER AND GUIDELINES FOR CIVIL CASES BEFORE JUDGE KETANJI BROWN JACKSON. The Court will hold the parties and counsel responsible for following these directives, and parties and counsel should pay particular attention to the Court's instructions for briefing motions and filing exhibits. Failure to adhere to this Order may, when appropriate, result the imposition of sanctions and/or sua sponte denial of non-conforming motions. Signed by Judge Ketanji Brown Jackson on 12/3/2019. (jag)
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| Filing 22 NOTICE OF RELATED CASE by ITALIAN REPUBLIC. Case related to Case No. 19-cv-3444. (Leathley, Christian) |
| Filing 21 NOTICE of Appearance by Benjamin Mills on behalf of ITALIAN REPUBLIC (Mills, Benjamin) |
| Filing 20 NOTICE of Appearance by Christian Leathley on behalf of ITALIAN REPUBLIC (Leathley, Christian) |
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MINUTE ORDER granting #16 , #17 Motion for Leave to Appear Pro Hac Vice. It is hereby ORDERED that Benjamin Mills and Christian Leathley are admitted pro hac vice in this matter as counsel for Defendant. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. Signed by Judge Ketanji Brown Jackson on 11/24/2019. (jag)
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| Filing 19 NOTICE of Appearance by Charlene C. Sun on behalf of CEF ENERGIA, B.V. (Sun, Charlene) |
| Filing 18 NOTICE of Appearance by James E. Berger on behalf of CEF ENERGIA, B.V. (Berger, James) |
| Filing 17 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Benjamin Mills, Filing fee $ 100, receipt number ADCDC-6573643. Fee Status: Fee Paid. by ITALIAN REPUBLIC (Attachments: #1 Declaration of Benjamin Mills, #2 Proposed Order)(Riley, Thomas) |
| Filing 16 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Christian Leathley, Filing fee $ 100, receipt number ADCDC-6573610. Fee Status: Fee Paid. by ITALIAN REPUBLIC (Attachments: #1 Declaration of Christian Leathley, #2 Proposed Order)(Riley, Thomas) |
| Filing 15 NOTICE of Appearance by Thomas E. Riley on behalf of ITALIAN REPUBLIC (Riley, Thomas) |
| Filing 14 Case transferred in from District of New York Southern; Case Number 1:19-cv-09153. Original file certified copy of transfer order and docket sheet received. |
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Filing 13
ORDER: This is a civil action against a foreign state, in which no party is a citizen or resident of the United States and no event or omission giving rise to the claim or any other aspect of the claim has any connection to New York, and the selection of its proper venue as the United States District Court for the District of Columbia provided by 28 U.S.C. 1391(f)(4)("Civil actions against a foreign state") prevails. The fact that the case was required to be removed to this Court from the Supreme Court, New York County means no more than that this Court is the proper one to determine the issue of its venue. Accordingly, (1) The Clerk shall forthwith transfer this action to the United States District Court for the District of Columbia, and (2) The application for a stay is respectfully referred to that court. (Signed by Judge Louis L. Stanton on 11/8/2019) (mro) Modified on 11/12/2019 (mro). [Transferred from New York Southern on 11/15/2019.]
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| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of District of Columbia (mro) [Transferred from New York Southern on 11/15/2019.] |
| Filing 12 NOTICE OF APPEARANCE by Peter J. Behmke on behalf of Italian Republic. (Behmke, Peter) [Transferred from New York Southern on 11/15/2019.] |
| Set/Reset Hearings: Pre-Motion Conference set for 11/8/2019 at 02:30 PM in Courtroom 21C, 500 Pearl Street, New York, NY 10007 before Judge Louis L. Stanton. (ml) [Transferred from New York Southern on 11/15/2019.] |
| Filing 11 LETTER addressed to Judge Louis L. Stanton from James E. Berger dated 10/31/2019 re: advising the Court that Petitioner will not oppose or object to any extension of Respondent's deadline to respond to the Petition to December 6, 2019 and both sides confirm they are available to appear at the pre-motion conference for Respondent's motions to stay and transfer on November 8. Document filed by CEF Energia, B.V..(Berger, James) [Transferred from New York Southern on 11/15/2019.] |
| Filing 10 LETTER addressed to Judge Louis L. Stanton from James E. Berger dated October 22, 2019 re: Response to the October 18, 2019 letter filed by Respondent requesting a pre-motion conference with respect to its intention to file a motion to stay these proceedings and a motion to transfer this matter to the United States District Court for the District of Columbia.. Document filed by CEF Energia, B.V..(Berger, James) [Transferred from New York Southern on 11/15/2019.] |
| Filing 9 LETTER addressed to Judge Louis L. Stanton from Christian Leathley dated October 18 2019 re: Pre-Motion Conference. Document filed by Italian Republic.(Leathley, Christian) [Transferred from New York Southern on 11/15/2019.] |
| Filing 8 NOTICE OF APPEARANCE by Charlene Chia-Ling Sun on behalf of CEF Energia, B.V.. (Sun, Charlene) [Transferred from New York Southern on 11/15/2019.] |
| Filing 7 CERTIFICATE OF SERVICE of Notice of Petition to Confirm Foreign Arbitral Award (in English and Italian), Petition to Confirm Foreign Arbitral Award (in English and Italian), Affirmation of Charlene Sun (in English and Italian), Exhibits A-C to Affirmation of Charlene Sun (in English and Italian), Request for Judicial Intervention (RJI) (in English and Italian), Commercial Division Addendum (in English and Italian) served on Respondent on August 27, 2019 and August 28, 2019. Service was made by United Parcel Service (UPS) and United States Postal Service (USPS). Document filed by CEF Energia, B.V.. (Attachments: #1 Exhibit A)(Berger, James) [Transferred from New York Southern on 11/15/2019.] |
| Filing 6 NOTICE OF APPEARANCE by James Evan Berger on behalf of CEF Energia, B.V.. (Berger, James) [Transferred from New York Southern on 11/15/2019.] |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (dnh) [Transferred from New York Southern on 11/15/2019.] |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Christian Leathley. The following case opening statistical information was erroneously selected/entered: Origin code 1 (Original Proceeding); County code Albany. The following correction(s) have been made to your case entry: the Origin code has been modified to 2 (Removal from State Court); the County code has been modified to XX Out of U.S.. (dnh) [Transferred from New York Southern on 11/15/2019.] |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Christian Leathley. The party information for the following party/parties has been modified: CEF ENERGIA B.V, The Italian Republic. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; Exclude from the entry of business name any leading A, An or The.. (dnh) [Transferred from New York Southern on 11/15/2019.] |
| Case Designated ECF. (dnh) [Transferred from New York Southern on 11/15/2019.] |
| Magistrate Judge Stewart D. Aaron is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (wb) [Transferred from New York Southern on 11/15/2019.] |
| NOTICE OF CASE REASSIGNMENT to Judge Louis L. Stanton. Judge Unassigned is no longer assigned to the case. (wb) [Transferred from New York Southern on 11/15/2019.] |
| CASE REFERRED TO Judge Louis L. Stanton as possibly related to 1:19-cv-04398-LLS. (dnh) [Transferred from New York Southern on 11/15/2019.] |
| CASE ACCEPTED AS RELATED. Create association to 1:19-cv-04398-LLS. Notice of Assignment to follow. (wb) [Transferred from New York Southern on 11/15/2019.] |
| Filing 5 NOTICE OF APPEARANCE by Benjamin Philip Mills on behalf of The Italian Republic. (Mills, Benjamin) [Transferred from New York Southern on 11/15/2019.] |
| Filing 4 NOTICE OF APPEARANCE by Christian Leathley on behalf of The Italian Republic. (Leathley, Christian) [Transferred from New York Southern on 11/15/2019.] |
| Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 19-cv-4398 LLS. Document filed by The Italian Republic.(Leathley, Christian) [Transferred from New York Southern on 11/15/2019.] |
| Filing 2 CIVIL COVER SHEET filed. (Leathley, Christian) [Transferred from New York Southern on 11/15/2019.] |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 654707/2019. (Filing Fee $ 400.00, Receipt Number ANYSDC-17707179).Document filed by The Italian Republic. (Attachments: #1 Exhibit A)(Leathley, Christian) [Transferred from New York Southern on 11/15/2019.] |
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| Petitioner: CEF ENERGIA, B.V. | |
| Represented By: | Charlene C. Sun |
| Represented By: | James E. Berger |
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| Respondent: ITALIAN REPUBLIC | |
| Represented By: | Christian Leathley |
| Represented By: | Benjamin Mills |
| Represented By: | Thomas E. Riley |
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