FORESIGHT LUXEMBOURG SOLAR 1 S.A.R.L. et al v. KINGDOM OF SPAIN
GWM RENEWABLE ENERGY I S.P.A., FORESIGHT LUXEMBOURG SOLAR 1 S.A.R.L., FORESIGHT LUXEMBOURG SOLAR 2 S.A.R.L., GREENTECH ENERGY SYSTEMS A/S and GWM RENEWABLE ENERGY II S.P.A. |
KINGDOM OF SPAIN |
EUROPEAN COMMISSION |
1:2020cv00925 |
April 7, 2020 |
US District Court for the District of Columbia |
John D Bates |
Tanya S Chutkan |
Arbitration |
09 U.S.C. § 0202 |
None |
Docket Report
This docket was last retrieved on April 15, 2020. A more recent docket listing may be available from PACER.
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Filing 72 Case directly reassigned to Judge Tanya S. Chutkan as related. Judge John D. Bates is no longer assigned to the case. (ztnr) |
Filing 71 NOTICE of Appearance by Charlene C. Sun on behalf of FORESIGHT LUXEMBOURG SOLAR 1 S.A.R.L., FORESIGHT LUXEMBOURG SOLAR 2 S.A.R.L., GREENTECH ENERGY SYSTEMS A/S, GWM RENEWABLE ENERGY I S.P.A., GWM RENEWABLE ENERGY II S.P.A. (Sun, Charlene) |
Filing 70 NOTICE of Appearance by James E. Berger on behalf of FORESIGHT LUXEMBOURG SOLAR 1 S.A.R.L., FORESIGHT LUXEMBOURG SOLAR 2 S.A.R.L., GREENTECH ENERGY SYSTEMS A/S, GWM RENEWABLE ENERGY I S.P.A., GWM RENEWABLE ENERGY II S.P.A. (Berger, James) |
Filing 69 NOTICE OF RELATED CASE by KINGDOM OF SPAIN. Case related to Case No. 18-cv-1148. (Schwartz, Andrew) |
Filing 68 NOTICE of Appearance by Nicholas Marcus Renzler on behalf of KINGDOM OF SPAIN (Renzler, Nicholas) |
Filing 67 NOTICE of Appearance by Andrew B. Lowenstein on behalf of KINGDOM OF SPAIN (Lowenstein, Andrew) |
Filing 66 NOTICE of Appearance by Andrew Z. Schwartz on behalf of KINGDOM OF SPAIN (Schwartz, Andrew) |
Filing 65 Case transferred in from District of New York Southern; Case Number 1:19-cv-03171. Original file certified copy of transfer order and docket sheet received. |
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.(tro) [Transferred from New York Southern on 4/7/2020.] |
Filing 64 OPINION & ORDER re: #41 MOTION to Stay Action filed by Kingdom of Spain, #39 MOTION to Transfer Case filed by Kingdom of Spain. For the reasons set forth above, the Court GRANTS the motion to transfer the case to the District of Columbia; the application to stay the case is respectfully referred to that court. The Clerk of Court is respectfully directed to terminate the motions, Docs. 39, 41, and transfer the case to the United States District Court for the District of Columbia. (Signed by Judge Edgardo Ramos on 3/30/2020) (mro) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 4/7/2020.] |
Filing 63 LETTER addressed to Judge Edgardo Ramos from Andrew Z. Schwartz dated February 3, 2020 re: Decision granting Spain's motion to stay in Novenergia II - Energy & Environment (SCA) v. Spain, No. 18-cv-1148-TSC (D.D.C.). Document filed by Kingdom of Spain. (Attachments: #1 Exhibit 1).(Schwartz, Andrew) [Transferred from New York Southern on 4/7/2020.] |
Filing 62 LETTER addressed to Judge Edgardo Ramos from James E. Berger dated 11/22/2019 re: response to letter of Andrew Z. Schwartz dated November 20, 2019 regarding transfer. Document filed by Foresight Luxembourg Solar 1 S.A.R.L., Foresight Luxembourg Solar 2 S.A.R.L., GWM Renewable Energy I S.P.A., GWM Renewable Energy II S.P.A., Greentech Energy Systems A/S.(Berger, James) [Transferred from New York Southern on 4/7/2020.] |
Filing 61 LETTER addressed to Judge Edgardo Ramos from Andrew Z. Schwartz dated November 20, 2019 re: Motion to Transfer. Document filed by Kingdom of Spain.(Schwartz, Andrew) [Transferred from New York Southern on 4/7/2020.] |
Filing 60 DECLARATION of Stefan Lindskog in Support re: #41 MOTION to Stay Action.. Document filed by Kingdom of Spain. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Schwartz, Andrew) [Transferred from New York Southern on 4/7/2020.] |
Filing 59 REPLY MEMORANDUM OF LAW in Support re: #41 MOTION to Stay Action. . Document filed by Kingdom of Spain. (Schwartz, Andrew) [Transferred from New York Southern on 4/7/2020.] |
Filing 58 REPLY MEMORANDUM OF LAW in Support re: #39 MOTION to Transfer Case . . Document filed by Kingdom of Spain. (Schwartz, Andrew) [Transferred from New York Southern on 4/7/2020.] |
Filing 57 ORDER granting #56 Letter Motion for Extension of Time to File Response/Reply re #39 MOTION to Transfer Case ., #41 MOTION to Stay Action. Replies due by 6/19/2019. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar) [Transferred from New York Southern on 4/7/2020.] |
Filing 56 FIRST LETTER MOTION for Extension of Time to File Response/Reply as to #39 MOTION to Transfer Case ., #55 Memorandum of Law in Opposition to Motion, #53 Memorandum of Law in Opposition to Motion, #41 MOTION to Stay Action. addressed to Judge Edgardo Ramos from Andrew Z. Schwartz dated June 10, 2019. Document filed by Kingdom of Spain.(Schwartz, Andrew) [Transferred from New York Southern on 4/7/2020.] |
Filing 55 MEMORANDUM OF LAW in Opposition re: #39 MOTION to Transfer Case . . Document filed by Foresight Luxembourg Solar 1 S.A.R.L., Foresight Luxembourg Solar 2 S.A.R.L., GWM Renewable Energy I S.P.A., GWM Renewable Energy II S.P.A., Greentech Energy Systems A/S. (Berger, James) [Transferred from New York Southern on 4/7/2020.] |
Filing 54 DECLARATION of Jakob Ragnwaldh in Opposition re: #41 MOTION to Stay Action.. Document filed by Foresight Luxembourg Solar 1 S.A.R.L., Foresight Luxembourg Solar 2 S.A.R.L., GWM Renewable Energy I S.P.A., GWM Renewable Energy II S.P.A., Greentech Energy Systems A/S. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Berger, James) [Transferred from New York Southern on 4/7/2020.] |
Filing 53 MEMORANDUM OF LAW in Opposition re: #41 MOTION to Stay Action. . Document filed by Foresight Luxembourg Solar 1 S.A.R.L., Foresight Luxembourg Solar 2 S.A.R.L., GWM Renewable Energy I S.P.A., GWM Renewable Energy II S.P.A., Greentech Energy Systems A/S. (Berger, James) [Transferred from New York Southern on 4/7/2020.] |
Filing 52 DECLARATION of Amy Roebuck Frey . Document filed by Foresight Luxembourg Solar 1 S.A.R.L., Foresight Luxembourg Solar 2 S.A.R.L., GWM Renewable Energy I S.P.A., GWM Renewable Energy II S.P.A., Greentech Energy Systems A/S. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Berger, James) [Transferred from New York Southern on 4/7/2020.] |
Filing 51 REPLY MEMORANDUM OF LAW in Support - Petitioners' Sur Reply in Support of Petition to Confirm the Arbitral Award. Document filed by Foresight Luxembourg Solar 1 S.A.R.L., Foresight Luxembourg Solar 2 S.A.R.L., GWM Renewable Energy I S.P.A., GWM Renewable Energy II S.P.A., Greentech Energy Systems A/S. (Berger, James) [Transferred from New York Southern on 4/7/2020.] |
Filing 50 ORDER granting #47 Motion for Diana Tsutieva to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar) Transmission to Attorney Services/Help Desk. [Transferred from New York Southern on 4/7/2020.] |
Filing 49 ORDER granting #46 Motion for Sally L. Pei to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar) Transmission to Attorney Services/Help Desk. [Transferred from New York Southern on 4/7/2020.] |
Filing 48 ORDER granting #45 Motion for Dmitri Evseev to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar) Transmission to Attorney Services/Help Desk. [Transferred from New York Southern on 4/7/2020.] |
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #47 MOTION for Diana Tsutieva to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16998060. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) [Transferred from New York Southern on 4/7/2020.] |
Filing 47 MOTION for Diana Tsutieva to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16998060. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kingdom of Spain. (Attachments: #1 Affidavit of Diana Tsutieva with Exhibits 1 - 3, #2 Text of Proposed Order)(Tsutieva, Diana) [Transferred from New York Southern on 4/7/2020.] |
Filing 46 MOTION for Sally L. Pei to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16986590. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by European Commission. (Attachments: #1 Declaration in Support, #2 Certificate of Good Standing - CA, #3 Certificate of Good Standing - DC, #4 Text of Proposed Order)(Pei, Sally) [Transferred from New York Southern on 4/7/2020.] |
Filing 45 MOTION for Dmitri Evseev to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16986303. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by European Commission. (Attachments: #1 Declaration in Support, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order)(Evseev, Dmitri) [Transferred from New York Southern on 4/7/2020.] |
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #46 MOTION for Sally L. Pei to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16986590. Motion and supporting papers to be reviewed by Clerk's Office staff., #45 MOTION for Dmitri Evseev to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16986303. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) [Transferred from New York Southern on 4/7/2020.] |
Filing 44 DECLARATION of James Hope in Support re: #41 MOTION to Stay Action.. Document filed by Kingdom of Spain. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Schwartz, Andrew) [Transferred from New York Southern on 4/7/2020.] |
Filing 43 DECLARATION of Steffen Lindskog in Support re: #41 MOTION to Stay Action.. Document filed by Kingdom of Spain. (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)(Schwartz, Andrew) [Transferred from New York Southern on 4/7/2020.] |
Filing 42 MEMORANDUM OF LAW in Support re: #41 MOTION to Stay Action. . Document filed by Kingdom of Spain. (Schwartz, Andrew) [Transferred from New York Southern on 4/7/2020.] |
Filing 41 MOTION to Stay Action. Document filed by Kingdom of Spain. (Attachments: #1 Text of Proposed Order Proposed Order)(Schwartz, Andrew) [Transferred from New York Southern on 4/7/2020.] |
Filing 40 MEMORANDUM OF LAW in Support re: #39 MOTION to Transfer Case . . Document filed by Kingdom of Spain. (Schwartz, Andrew) [Transferred from New York Southern on 4/7/2020.] |
Filing 39 MOTION to Transfer Case . Document filed by Kingdom of Spain. (Attachments: #1 Text of Proposed Order Proposed Order)(Schwartz, Andrew) [Transferred from New York Southern on 4/7/2020.] |
Filing 38 REPLY MEMORANDUM OF LAW in Opposition re: #28 Reply Memorandum of Law in Support, #11 Response, . Document filed by Kingdom of Spain. (Attachments: #1 Exhibit A, #2 Exhibit B)(Schwartz, Andrew) [Transferred from New York Southern on 4/7/2020.] |
Filing 37 MEMORANDUM OF LAW in Opposition re: #27 Brief of Amicus Curiae the European Commission. Document filed by Foresight Luxembourg Solar 1 S.A.R.L., Foresight Luxembourg Solar 2 S.A.R.L., GWM Renewable Energy I S.P.A., GWM Renewable Energy II S.P.A., Greentech Energy Systems A/S. (Berger, James) [Transferred from New York Southern on 4/7/2020.] |
Filing 36 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/8/19 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) [Transferred from New York Southern on 4/7/2020.] |
Filing 35 TRANSCRIPT of Proceedings re: CONFERENCE held on 5/8/2019 before Judge Edgardo Ramos. Court Reporter/Transcriber: Karen Gorlaski, (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 6/11/2019. Redacted Transcript Deadline set for 6/21/2019. Release of Transcript Restriction set for 8/19/2019.(McGuirk, Kelly) [Transferred from New York Southern on 4/7/2020.] |
Filing 34 ORDER granting #32 Letter Motion for Leave to File Excess Pages. Petitioners may file an excess of five pages. So Ordered. (Signed by Judge Edgardo Ramos on 5/17/2019) (js) [Transferred from New York Southern on 4/7/2020.] |
Filing 33 LETTER RESPONSE to Motion addressed to Judge Edgardo Ramos from Andrew Z. Schwartz dated May 16, 2019 re: #32 LETTER MOTION for Leave to File Excess Pages to respond to the European Commission's Amicus Brief addressed to Judge Edgardo Ramos from James E. Berger dated May 15, 2019. . Document filed by Kingdom of Spain. (Schwartz, Andrew) [Transferred from New York Southern on 4/7/2020.] |
Filing 32 LETTER MOTION for Leave to File Excess Pages to respond to the European Commission's Amicus Brief addressed to Judge Edgardo Ramos from James E. Berger dated May 15, 2019. Document filed by Foresight Luxembourg Solar 1 S.A.R.L., Foresight Luxembourg Solar 2 S.A.R.L., GWM Renewable Energy I S.P.A., GWM Renewable Energy II S.P.A., Greentech Energy Systems A/S. (Attachments: #1 Exhibit A - Transcript of Pre-Motion Conference)(Berger, James) [Transferred from New York Southern on 4/7/2020.] |
Minute Entry for proceedings held before Judge Edgardo Ramos: Pre-Motion Conference held on 5/8/2019. Plaintiffs' counsel present. Defendant's counsel present. Defendant is granted leave to file a motion to stay and a motion to transfer venue with the following briefing schedule: moving papers due May 22, 2019; opposition due June 5, 2019; and reply due June 12, 2019. Plaintiffs' response to the European Commission's Amicus brief is due May 22, 2019. Defendant's sur-reply to Plaintiffs' Petition shall by filed by May 22, 2019, and is limited to 10 pages. ( Motions due by 5/22/2019., Replies due by 6/12/2019., Responses due by 6/5/2019). (jar) [Transferred from New York Southern on 4/7/2020.] |
DOCKET ANNOTATION: All conferences scheduled for Wednesday, May 8, 2019, before the Hon. Edgardo Ramos will be held in Courtroom 23B in the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, New York 10007. (jar) [Transferred from New York Southern on 4/7/2020.] |
Filing 31 DECLARATION of Erin Collins . Document filed by Foresight Luxembourg Solar 1 S.A.R.L., Foresight Luxembourg Solar 2 S.A.R.L., GWM Renewable Energy I S.P.A., GWM Renewable Energy II S.P.A., Greentech Energy Systems A/S. (Attachments: #1 Exhibit A, #2 Exhibit B)(Berger, James) [Transferred from New York Southern on 4/7/2020.] |
Filing 30 DECLARATION of Jakob Ragnwaldh . Document filed by Foresight Luxembourg Solar 1 S.A.R.L., Foresight Luxembourg Solar 2 S.A.R.L., GWM Renewable Energy I S.P.A., GWM Renewable Energy II S.P.A., Greentech Energy Systems A/S. (Attachments: #1 Exhibit A (Part 1 of 4), #2 Exhibit A (Part 2 of 4), #3 Exhibit A (Part 3 of 4), #4 Exhibit A (Part 4 of 4), #5 Exhibit B, #6 Exhibit C)(Berger, James) [Transferred from New York Southern on 4/7/2020.] |
Filing 29 DECLARATION of Amy Roebuck Frey . Document filed by Foresight Luxembourg Solar 1 S.A.R.L., Foresight Luxembourg Solar 2 S.A.R.L., GWM Renewable Energy I S.P.A., GWM Renewable Energy II S.P.A., Greentech Energy Systems A/S. (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, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U)(Berger, James) [Transferred from New York Southern on 4/7/2020.] |
Filing 28 REPLY MEMORANDUM OF LAW in Support of Petition to Confirm the Arbitral Award. Document filed by Foresight Luxembourg Solar 1 S.A.R.L., Foresight Luxembourg Solar 2 S.A.R.L., GWM Renewable Energy I S.P.A., GWM Renewable Energy II S.P.A., Greentech Energy Systems A/S. (Berger, James) [Transferred from New York Southern on 4/7/2020.] |
Filing 27 BRIEF of Amicus Curiae the European Commission. Document filed by European Commission. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Yalowitz, Kent) [Transferred from New York Southern on 4/7/2020.] |
Filing 26 ORDER granting #21 Letter Motion for Extension of Time. The application is granted. (Signed by Judge Edgardo Ramos on 5/2/2019) (cf) [Transferred from New York Southern on 4/7/2020.] |
Filing 25 ORDER granting #19 Motion for Andrew B. Loewenstein to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar) Transmission to Attorney Services/Help Desk. [Transferred from New York Southern on 4/7/2020.] |
Filing 24 ORDER granting #23 Letter Motion to File Amicus Brief. The application is granted. SO ORDERED. (Signed by Judge Edgardo Ramos on 5/1/2019) (kv) [Transferred from New York Southern on 4/7/2020.] |
Filing 23 LETTER MOTION to File Amicus Brief addressed to Judge Edgardo Ramos from Kent A. Yalowitz dated April 30, 2019. Document filed by European Commission.(Yalowitz, Kent) [Transferred from New York Southern on 4/7/2020.] |
Filing 22 NOTICE OF APPEARANCE by Kent A. Yalowitz on behalf of European Commission. (Yalowitz, Kent) [Transferred from New York Southern on 4/7/2020.] |
Filing 21 LETTER MOTION for Extension of Time to respond to Spain's Response to Petition to Confirm the Arbitral Award addressed to Judge Edgardo Ramos from James E. Berger, Esq. dated April 30, 2019. Document filed by Foresight Luxembourg Solar 1 S.A.R.L., Foresight Luxembourg Solar 2 S.A.R.L., GWM Renewable Energy I S.P.A., GWM Renewable Energy II S.P.A., Greentech Energy Systems A/S.(Berger, James) [Transferred from New York Southern on 4/7/2020.] |
Filing 20 ORDER granting #18 Motion for Derek C. Smith to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar) Transmission to Attorney Services/Help Desk. [Transferred from New York Southern on 4/7/2020.] |
Filing 19 MOTION for Andrew B. Loewenstein to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16776129. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kingdom of Spain. (Attachments: #1 Affidavit of Andrew B. Loewenstein, #2 Text of Proposed Order)(Loewenstein, Andrew) [Transferred from New York Southern on 4/7/2020.] |
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #19 MOTION for Andrew B. Loewenstein to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16776129. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma) [Transferred from New York Southern on 4/7/2020.] |
Filing 18 MOTION for Derek C. Smith to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16767149. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kingdom of Spain. (Attachments: #1 Affidavit of Derek C. Smith with Exhibit 1, #2 Text of Proposed Order)(Smith, Derek) [Transferred from New York Southern on 4/7/2020.] |
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #18 MOTION for Derek C. Smith to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16767149. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) [Transferred from New York Southern on 4/7/2020.] |
Filing 17 ORDER granting #16 Letter Motion for Extension of Time to File Response/Reply. The application is granted. SO ORDERED. Replies due by 5/2/2019. (Signed by Judge Edgardo Ramos on 4/24/2019) (kv) [Transferred from New York Southern on 4/7/2020.] |
Filing 16 LETTER MOTION for Extension of Time to File Response/Reply to Respondent's Response to Petition to Confirm Arbitral Award addressed to Judge Edgardo Ramos from James Berger dated 04/23/2019. Document filed by Foresight Luxembourg Solar 1 S.A.R.L., Foresight Luxembourg Solar 2 S.A.R.L., GWM Renewable Energy I S.P.A., GWM Renewable Energy II S.P.A., Greentech Energy Systems A/S.(Berger, James) [Transferred from New York Southern on 4/7/2020.] |
Filing 15 ORDER terminating #10 Letter Motion to Stay ; denying #14 Letter Motion for Oral Argument. The request for oral arguments is denied. The parties must attend a pre-motion conference on May 8, 2019 at 10 a.m. The Clerk of the Court is respectfully directed to terminate the letter motions, Doc. 10 and Doc. 14. SO ORDERED. (Signed by Judge Edgardo Ramos on 4/18/2019) (kv) [Transferred from New York Southern on 4/7/2020.] |
Set/Reset Hearings: Pre-Motion Conference set for 5/8/2019 at 10:00 AM before Judge Edgardo Ramos. (kv) [Transferred from New York Southern on 4/7/2020.] |
Filing 14 LETTER MOTION for Oral Argument regarding Petition to Confirm Foreign Arbitral Award and Spain's Response thereto addressed to Judge Edgardo Ramos from Andrew Z. Schwartz dated April 17, 2019. Document filed by Kingdom of Spain.(Schwartz, Andrew) [Transferred from New York Southern on 4/7/2020.] |
Filing 13 DECLARATION of Steffen Hindelang in Support re: #11 Response,. Document filed by Kingdom of Spain. (Attachments: #1 Exhibit 1 (Hindelang CV), #2 Exhibit 2 (List of Publications), #3 Exhibit 3 (EU Amicus in Foresight v. Spain), #4 Exhibit 4 (Treaty on the Functioning of the European Union), #5 Exhibit 5 (Treaty on European Union), #6 Exhibit 6 (Declarations regarding Treaty of Lisbon), #7 Exhibit 7 (Charter of Fundamental Rights of the European Union), #8 Exhibit 8 (Statute of the Court of Justice of the European Union), #9 Exhibit 9 (CJEU Case C-8/55), #10 Exhibit 10 (CJEU Case C-10/61), #11 Exhibit 11 (CJEU Case 26/62), #12 Exhibit 12 (CJEU Case 6/64), #13 Exhibit 13 (CJEU Case 106/77), #14 Exhibit 14 (CJEU Case C-26/78), #15 Exhibit 15 (CJEU Joined Cases C-66, 127 and 128/79), #16 Exhibit 16 (CJEU Joined Cases C-205 to 215/82), #17 Exhibit 17 (CJEU Case C-157/86), #18 Exhibit 18 (CJEU Case C-120/86), #19 Exhibit 19 (CJEU Case C-6/90), #20 Exhibit 20 (CJEU Opinion 1/91), #21 Exhibit 21 (CJEU Case C-3/91), #22 Exhibit 22 (CJEU Case C-39/94), #23 Exhibit 23 (CJEU Case T-115/94), #24 Exhibit 24 (CJEU Case C-231/96), #25 Exhibit 25 (CJEU Case C-310/99), #26 Exhibit 26 (CJEU Opinion 1/00), #27 Exhibit 27 (CJEU Case C-382/99), #28 Exhibit 28 (CJEU Case C-469/00), #29 Exhibit 29 (CJEU Case C-299/02), #30 Exhibit 30 (CJEU Case C-459/03), #31 Exhibit 31 (CJEU Joined Cases C-231 to C-233/06), #32 Exhibit 32 (CJEU Joined Cases C-402/05 P and C-415/05 P), #33 Exhibit 33 (CJEU Case C-478/07), #34 Exhibit 34 (CJEU Case C-546/07), #35 Exhibit 35 (CJEU Opinion 1/09), #36 Exhibit 36 (CJEU Case C-196/09), #37 Exhibit 37 (CJEU Case C-399/11), #38 Exhibit 38 (CJEU Opinion 2/13), #39 Exhibit 39 (CJEU Case C505/14), #40 Exhibit 40 (CJEU Case C-689/13), #41 Exhibit 41 (CJEU Case C-64/16), #42 Exhibit 42 (CJEU Case C-284/16), #43 Exhibit 43 (CJEU Case C-266/16), #44 Exhibit 44 (EC Decision 2015/1470), #45 Exhibit 45 (EC Decision 2017/7384), #46 Exhibit 46 (EC Communication), #47 Exhibit 47 (EC Press Release), #48 Exhibit 48 (Declaration on Achmea (Jan. 15, 2019)), #49 Exhibit 49 (Declaration on Achmea (Jan. 16, 2019)), #50 Exhibit 50 (Declaration of Hungary on Achmea (Jan. 16, 2019)), #51 Exhibit 51 (ILC Fragmentation Report), #52 Exhibit 52 (OAO Neftyanaya Kompaniya Yukos v. Russia (ECtHR)), #53 Exhibit 53 (State of Romania v. Viorel Micula (Lux.)), #54 Exhibit 54 (Slovak Republic v. Achmea B.V. (Ger.)), #55 Exhibit 55 (State of Romania v. Viorel Micula (Belg.)), #56 Exhibit 56 (Proposed EC Amicus Brief, Novenergia v. Spain), #57 Exhibit 57 (Proposed EC Amicus Brief, Eiser v. Spain), #58 Exhibit 58 (Craig & de Burca, EU Law), #59 Exhibit 59 (L. Woods et al., EU Law), #60 Exhibit 60 (Schmalenbach))(Schwartz, Andrew) [Transferred from New York Southern on 4/7/2020.] |
Filing 12 DECLARATION of James Hopes in Support re: #11 Response,. Document filed by Kingdom of Spain. (Attachments: #1 Exhibit 1 (Svea Court Order))(Schwartz, Andrew) [Transferred from New York Southern on 4/7/2020.] |
Filing 11 RESPONSE to Petition to Confirm Arbitral Award. Document filed by Kingdom of Spain. (Attachments: #1 Exhibit 1 (EU Amicus Brief in Eiser v. Spain), #2 Exhibit 2 (Decl. of Stefan Lindskog in Novenergia v. Spain), #3 Exhibit 3 (EC Amicus Brief in Foresight v. Spain Arbitration), #4 Exhibit 4 (Award in Foresight v. Spain), #5 Exhibit 5 (Creighton Ltd. v. Qatar decision))(Schwartz, Andrew) [Transferred from New York Southern on 4/7/2020.] |
Filing 10 LETTER MOTION to Stay and Transfer Venue (pre-motion conference request) addressed to Judge Edgardo Ramos from Andrew Z. Schwartz dated April 17, 2019. Document filed by Kingdom of Spain.(Schwartz, Andrew) [Transferred from New York Southern on 4/7/2020.] |
Filing 9 LETTER addressed to Judge Edgardo Ramos from Andrew Z. Schwartz dated April 17, 2019 re: Petitioners' Letter of April 15. Document filed by Kingdom of Spain.(Schwartz, Andrew) [Transferred from New York Southern on 4/7/2020.] |
Filing 8 LETTER addressed to Judge Edgardo Ramos from James E. Berger dated April 15, 2019 re: advising the Court that respondent has failed to timely object to the petition and that petition should be granted. Document filed by Foresight Luxembourg Solar 1 S.A.R.L., Foresight Luxembourg Solar 2 S.A.R.L., GWM Renewable Energy I S.P.A., GWM Renewable Energy II S.P.A., Greentech Energy Systems A/S. (Attachments: #1 Affidavit of Service of Petition)(Berger, James) [Transferred from New York Southern on 4/7/2020.] |
Filing 7 NOTICE OF APPEARANCE by James Evan Berger on behalf of Foresight Luxembourg Solar 1 S.A.R.L., Foresight Luxembourg Solar 2 S.A.R.L., GWM Renewable Energy I S.P.A., GWM Renewable Energy II S.P.A., Greentech Energy Systems A/S. (Berger, James) [Transferred from New York Southern on 4/7/2020.] |
Filing 6 CIVIL COVER SHEET filed. (Attachments: #1 Attachment A)(Sullivan, Peter) [Transferred from New York Southern on 4/7/2020.] |
Filing 5 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 656251/2018..Document filed by Kingdom of Spain. (Attachments: #1 Exhibit A (part 1 of 11) (documents received by Spain in state court proceeding), #2 Exhibit A (part 2 of 11) (documents received by Spain in state court proceeding), #3 Exhibit A (part 3 of 11) (documents received by Spain in state court proceeding), #4 Exhibit A (part 4 of 11) (documents received by Spain in state court proceeding), #5 Exhibit A (part 5 of 11) (documents received by Spain in state court proceeding), #6 Exhibit A (part 6 of 11) (documents received by Spain in state court proceeding), #7 Exhibit A (part 7 of 11) (documents received by Spain in state court proceeding), #8 Exhibit A (part 8 of 11) (documents received by Spain in state court proceeding), #9 Exhibit A (part 9 of 11) (documents received by Spain in state court proceeding), #10 Exhibit A (part 10 of 11) (documents received by Spain in state court proceeding), #11 Exhibit A (part 11 of 11) (documents received by Spain in state court proceeding))(Sullivan, Peter) [Transferred from New York Southern on 4/7/2020.] |
***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Peter A. Sullivan to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Jury Demand code - no selection;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) [Transferred from New York Southern on 4/7/2020.] |
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Peter A. Sullivan to RE-FILE Document No. #1 Notice of Removal. The filing is deficient for the following reason(s): other court case number is incorrect on the docket entry text; pursuant to Rule 13.3, all exhibits must be labeled (i.e. Summons and Complaint). Re-file the pleading using the event type Notice of Removal found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo) [Transferred from New York Southern on 4/7/2020.] |
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Peter A. Sullivan. The party information for the following party/parties has been modified: Greentech Energy Systems A/S; GWM Renewable Energy II S.P.A.. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was entered incorrectly. (jgo) [Transferred from New York Southern on 4/7/2020.] |
***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Peter A. Sullivan. The following case opening statistical information was erroneously selected/entered: Cause of Action code 09:205; County code Albany; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 09:201; the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid);. (jgo) [Transferred from New York Southern on 4/7/2020.] |
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Edgardo Ramos. 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. (jgo) [Transferred from New York Southern on 4/7/2020.] |
Magistrate Judge Gabriel W. Gorenstein 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. (jgo) [Transferred from New York Southern on 4/7/2020.] |
Case Designated ECF. (jgo) [Transferred from New York Southern on 4/7/2020.] |
Filing 4 NOTICE OF APPEARANCE by Nicholas Marcus Renzler on behalf of Kingdom of Spain. (Renzler, Nicholas) [Transferred from New York Southern on 4/7/2020.] |
Filing 3 NOTICE OF APPEARANCE by Andrew Zane Schwartz on behalf of Kingdom of Spain. (Schwartz, Andrew) [Transferred from New York Southern on 4/7/2020.] |
Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Attachments: #1 Attachment A)(Sullivan, Peter) Modified on 4/11/2019 (jgo). [Transferred from New York Southern on 4/7/2020.] |
Filing 1 FILING ERROR - PDF ERROR - NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 656521/2018. (Filing Fee $ 400.00, Receipt Number ANYSDC-16661857).Document filed by Kingdom of Spain. (Attachments: #1 Exhibit A (part 1 of 11), #2 Exhibit A (part 2 of 11), #3 Exhibit A (part 3 of 11), #4 Exhibit A (part 4 of 11), #5 Exhibit A (part 5 of 11), #6 Exhibit A (part 6 of 11), #7 Exhibit A (part 7 of 11), #8 Exhibit A (part 8 of 11), #9 Exhibit A (part 9 of 11), #10 Exhibit A (part 10 of 11), #11 Exhibit A (part 11 of 11))(Sullivan, Peter) Modified on 4/11/2019 (jgo). [Transferred from New York Southern on 4/7/2020.] |
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