GREENTECH ENERGY SYSTEMS A/S et al v. ITALIAN REPUBLIC
| NOVENERGIA GENERAL PARTNER S.A., GREENTECH ENERGY SYSTEMS A/S and NOVENERGIA II ITALIAN PORTFOLIO |
| ITALIAN REPUBLIC |
| 1:2019cv03444 |
| November 15, 2019 |
| US District Court for the District of Columbia |
| Ketanji Brown Jackson |
| Richard J Leon |
| Arbitration |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on January 8, 2020. A more recent docket listing may be available from PACER.
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| Set/Reset Deadlines: Responses due by 1/22/2020 Replies due by 2/5/2020. (zgdf) |
MINUTE ORDER. It is hereby ORDERED that this case is CONSOLIDATED with CEF Energia, B.V. v. Italian Republic, 19-cv-3443. Any further filings in this case shall be filed in No. 19-cv-3443. The Clerk is directed to administratively close this case. Signed by Judge Ketanji Brown Jackson on 01/08/2020. (lckbj3)
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| Filing 38 RESPONSE re #37 to Petitioners' January 3, 2020 Filing filed by ITALIAN REPUBLIC. (Riley, Thomas) Modified to add link on 1/7/2020 (znmw). |
| Filing 37 RESPONSE re Order,,,, Set Deadlines,,, Petitioners' Response to December 13, 2019 Order filed by GREENTECH ENERGY SYSTEMS A/S, NOVENERGIA GENERAL PARTNER S.A., NOVENERGIA II ITALIAN PORTFOLIO. (Berger, James) |
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MINUTE ORDER denying without prejudice as moot #8 Motion to Stay, in light of transfer of case and the filing of Defendant's #35 Motion to Dismiss or, in the Alternative, to Stay. Signed by Judge Ketanji Brown Jackson 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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MINUTE ORDER STAYING obligation to respond to #35 Motion to Dismiss or Stay until further Order of this Court and pending resolution of consolidation question. Signed by Judge Ketanji Brown Jackson on 12/13/2019. (jag)
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| Filing 36 RESPONSE re #1 Notice of Removal (Petition to Enforce Arbitral Award), filed by ITALIAN REPUBLIC. (See Docket Entry 35 to view document) filed by ITALIAN REPUBLIC. (jf) |
| Filing 35 MOTION to Dismiss Petition to Enforce Arbitral Award, MOTION to Dismiss for Lack of Jurisdiction, MOTION to Stay by ITALIAN REPUBLIC (Attachments: #1 Memorandum in Support, #2 Expert Report of Marc Bungenberg, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19, #22 Exhibit 20, #23 Exhibit 21, #24 Exhibit 22, #25 Exhibit 23, #26 Exhibit 24, #27 Exhibit 25, #28 Exhibit 26, #29 Exhibit 27, #30 Exhibit 28, #31 Exhibit 29, #32 Exhibit 30, #33 Exhibit 31, #34 Exhibit 32, #35 Exhibit 33, #36 Exhibit 34, #37 Exhibit 35, #38 Exhibit 36, #39 Exhibit 37, #40 Exhibit 38, #41 Exhibit 39, #42 Exhibit 40, #43 Exhibit 41, #44 Exhibit 42, #45 Exhibit 43, #46 Exhibit 44, #47 Exhibit 45, #48 Exhibit 46, #49 Exhibit 47, #50 Exhibit 48, #51 Exhibit 49, #52 Exhibit 50, #53 Exhibit 51, #54 Exhibit 52, #55 Exhibit 53, #56 Exhibit 54, #57 Exhibit 55, #58 Exhibit 56, #59 Exhibit 57, #60 Exhibit 58, #61 Exhibit 59, #62 Exhibit 60, #63 Exhibit 61, #64 Exhibit 62, #65 Exhibit 63, #66 Exhibit 64, #67 Exhibit 65, #68 Exhibit 66, #69 Exhibit 67, #70 Exhibit 68, #71 Exhibit 69, #72 Exhibit 70, #73 Exhibit 71, #74 Exhibit 72, #75 Exhibit 73, #76 Exhibit 74, #77 Exhibit 75, #78 Exhibit 76, #79 Exhibit 77, #80 Exhibit 78, #81 Exhibit 79, #82 Proposed Order)(Riley, Thomas). Added MOTION to Stay on 12/13/2019 (jf). |
| Filing 34 Case directly reassigned to Judge Ketanji Brown Jackson as there is an earlier related case. Judge Richard J. Leon is no longer assigned to the case. (rj) |
| Filing 33 NOTICE OF RELATED CASE by ITALIAN REPUBLIC. Case related to Case No. 19-cv-3443. (Leathley, Christian) |
| Filing 32 NOTICE of Appearance by Benjamin Mills on behalf of ITALIAN REPUBLIC (Mills, Benjamin) |
| Filing 31 NOTICE of Appearance by Christian Leathley on behalf of ITALIAN REPUBLIC (Leathley, Christian) |
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MINUTE ORDER. Upon consideration of #27 Respondent's Motion for Admission Pro Hac Vice of Benjamin Mills, it is hereby ORDERED that the motion is GRANTED. SO ORDERED. 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 Richard J. Leon on 11/27/2019. (lcrjl2)
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MINUTE ORDER. Upon consideration of #26 Respondent's Motion for Admission Pro Hac Vice of Christian Leathley, it is hereby ORDERED that the motion is GRANTED. SO ORDERED. 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 Richard J. Leon on 11/27/2019. (lcrjl2)
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| Filing 30 NOTICE of Appearance by Charlene C. Sun on behalf of GREENTECH ENERGY SYSTEMS A/S, NOVENERGIA GENERAL PARTNER S.A., NOVENERGIA II ITALIAN PORTFOLIO (Sun, Charlene) |
| Filing 29 NOTICE of Appearance by James E. Berger on behalf of GREENTECH ENERGY SYSTEMS A/S, NOVENERGIA GENERAL PARTNER S.A., NOVENERGIA II ITALIAN PORTFOLIO (Berger, James) |
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Filing 28
STANDING ORDER. Signed by Judge Richard J. Leon on 11/20/2019. (lcrjl2)
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| Filing 27 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Benjamin Mills, Filing fee $ 100, receipt number ADCDC-6573688. Fee Status: Fee Paid. by ITALIAN REPUBLIC (Attachments: #1 Declaration of Benjamin Mills, #2 Proposed Order)(Riley, Thomas) |
| Filing 26 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Christian Leathley, Filing fee $ 100, receipt number ADCDC-6573678. Fee Status: Fee Paid. by ITALIAN REPUBLIC (Attachments: #1 Declaration of Christian Leathley, #2 Proposed Order)(Riley, Thomas) |
| Filing 25 NOTICE of Appearance by Thomas E. Riley on behalf of ITALIAN REPUBLIC (Riley, Thomas) |
| Filing 24 Case transferred in from District of New York Southern; Case Number 1:19-cv-04398. Original file certified copy of transfer order and docket sheet received. |
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Filing 23
ORDER deferring ruling on #8 Letter Motion to Stay; granting #8 Motion to Transfer Case. 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) [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 22 NOTICE OF APPEARANCE by Peter J. Behmke on behalf of The Italian Republic. (Behmke, Peter) [Transferred from New York Southern on 11/15/2019.] |
| Filing 21 AFFIDAVIT of James David Louis Hope in Support re: #8 MOTION to Stay Action. MOTION to Transfer Case .. Document filed by The Italian Republic. (Attachments: #1 Exhibit A)(Leathley, Christian) [Transferred from New York Southern on 11/15/2019.] |
| Filing 20 DECLARATION of Benjamin Mills in Support re: #8 MOTION to Stay Action. MOTION to Transfer Case .. Document filed by The Italian Republic. (Attachments: #1 Exhibit A)(Leathley, Christian) [Transferred from New York Southern on 11/15/2019.] |
| Filing 19 REPLY MEMORANDUM OF LAW in Support re: #8 MOTION to Stay Action. MOTION to Transfer Case . . Document filed by The Italian Republic. (Leathley, Christian) [Transferred from New York Southern on 11/15/2019.] |
| Filing 18 DECLARATION of Jakob Ragnwaldh (Replaces ECF Doc. 16 to now include Exhibits E and F) in Opposition re: #8 MOTION to Stay Action. MOTION to Transfer Case .. Document filed by Greentech Energy Systems A/S, Novenergia General Partner S.A., Novenergia II Italian Portfolio. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Berger, James) [Transferred from New York Southern on 11/15/2019.] |
| Filing 17 DECLARATION of Amy Roebuck Frey in Opposition re: #8 MOTION to Stay Action. MOTION to Transfer Case .. Document filed by Greentech Energy Systems A/S, Novenergia General Partner S.A., Novenergia II Italian Portfolio. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R)(Berger, James) [Transferred from New York Southern on 11/15/2019.] |
| Filing 16 DECLARATION of Jakob Ragnwaldh in Opposition re: #8 MOTION to Stay Action. MOTION to Transfer Case .. Document filed by Greentech Energy Systems A/S, Novenergia General Partner S.A., Novenergia II Italian Portfolio. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Berger, James) [Transferred from New York Southern on 11/15/2019.] |
| Filing 15 DECLARATION of Charlene C. Sun in Opposition re: #8 MOTION to Stay Action. MOTION to Transfer Case .. Document filed by Greentech Energy Systems A/S, Novenergia General Partner S.A., Novenergia II Italian Portfolio. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Berger, James) [Transferred from New York Southern on 11/15/2019.] |
| Filing 14 MEMORANDUM OF LAW in Opposition re: #8 MOTION to Stay Action. MOTION to Transfer Case . . Document filed by Greentech Energy Systems A/S, Novenergia General Partner S.A., Novenergia II Italian Portfolio. (Berger, James) [Transferred from New York Southern on 11/15/2019.] |
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Filing 13
ORDER granting #12 Letter Motion for Extension of Time to File Response/Reply re #8 MOTION to Stay Action. MOTION to Transfer Case ., #12 LETTER MOTION for Extension of Time to File Response/Reply as to #8 MOTION to Stay Action. MOTION to Transfer Case . The Parties stipulate and agree that Petitioners will file their Opposition on September 6, 2019 and Respondent Italy will file its Reply on September 20, 2019. So Ordered. Responses due by 9/6/2019 Replies due by 9/20/2019. (Signed by Judge Louis L. Stanton on 8/26/2019) (js) [Transferred from New York Southern on 11/15/2019.]
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| Filing 12 LETTER MOTION for Extension of Time to File Response/Reply as to #8 MOTION to Stay Action. MOTION to Transfer Case . The Parties stipulate and agree that Petitioners will file their Opposition on September 6, 2019 and Respondent Italy will file its Reply on September 20, 2019. addressed to Judge Louis L. Stanton from James E. Berger dated August 26, 2019. Document filed by Greentech Energy Systems A/S, Novenergia General Partner S.A., Novenergia II Italian Portfolio.(Berger, James) [Transferred from New York Southern on 11/15/2019.] |
| Filing 11 DECLARATION of Lars Heuman in Support re: #8 MOTION to Stay Action. MOTION to Transfer Case .. Document filed by The Italian Republic. (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)(Leathley, Christian) [Transferred from New York Southern on 11/15/2019.] |
| Filing 10 AFFIDAVIT of James David Louis Hope in Support re: #8 MOTION to Stay Action. MOTION to Transfer Case .. Document filed by The Italian Republic. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Leathley, Christian) [Transferred from New York Southern on 11/15/2019.] |
| Filing 9 MEMORANDUM OF LAW in Support re: #8 MOTION to Stay Action. MOTION to Transfer Case . . Document filed by The Italian Republic. (Leathley, Christian) [Transferred from New York Southern on 11/15/2019.] |
| Filing 8 MOTION to Stay Action., MOTION to Transfer Case . Document filed by The Italian Republic. (Attachments: #1 Proposed Order Granting Defendant's Motion to Stay, #2 Proposed Order Granting Defendant's Motion to Transfer)(Leathley, Christian) [Transferred from New York Southern on 11/15/2019.] |
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Filing 7
MEMO ENDORSEMENT on re: #6 Letter filed by The Italian Republic. ENDORSEMENT: Respondent may move for both forms of relief, without need for a premotion conference. So Ordered. (Signed by Judge Louis L. Stanton on 6/12/2019) (rro) [Transferred from New York Southern on 11/15/2019.]
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| Filing 6 LETTER addressed to Judge Louis L. Stanton from Christian Leathley dated May 24, 2019 re: Pre-motion conference. Document filed by The Italian Republic.(Leathley, Christian) [Transferred from New York Southern on 11/15/2019.] |
| Filing 5 NOTICE OF APPEARANCE by James Evan Berger on behalf of Greentech Energy Systems A/S, Novenergia General Partner S.A., Novenergia II Italian Portfolio. (Berger, James) [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: County code XX Out of State. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of U.S.. (sj) [Transferred from New York Southern on 11/15/2019.] |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Louis L. Stanton. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (sj) [Transferred from New York Southern on 11/15/2019.] |
| Case Designated ECF. (sj) [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. (sj) [Transferred from New York Southern on 11/15/2019.] |
| Filing 4 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 3 NOTICE OF APPEARANCE by Christian Leathley on behalf of 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: 652008/2019. (Filing Fee $ 400.00, Receipt Number ANYSDC-16884129).Document filed by The Italian Republic. (Attachments: #1 Exhibit A Part 1 (Documents received by The Italian Republic in NYSC proceeding), #2 Exhibit A Part 2 (Documents received by The Italian Republic in NYSC proceeding), #3 Exhibit A Part 3 (Documents received by The Italian Republic in NYSC proceeding), #4 Exhibit A Part 4 (Documents received by The Italian Republic in NYSC proceeding), #5 Exhibit A Part 5 (Documents received by The Italian Republic in NYSC proceeding))(Leathley, Christian) [Transferred from New York Southern on 11/15/2019.] |
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