Concesionaria v. Finance Corporation, et al
| Concesionaria DHM, S.A. |
| International Finance Corporation and Corporacion Andina De Fomento |
| ACS Actividades de Construccion y Servicios, S.A. |
| 1:2003cv00845 |
| February 5, 2003 |
| US District Court for the Southern District of New York |
| John G Koeltl |
| Contract: Other |
| 28 U.S.C. § 1331 bc Fed. Question: Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on August 11, 2005. A more recent docket listing may be available from PACER.
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Filing 43
JOINT STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE, The parties respectfully stipulate that all claims, counterclaims and cross-claims asserted in this lawsuit, and the case itself, can and should be dismissed in their entirety with prejudice, in accordance with the proposed Order and Final Judgment attached hereto. (Signed by Judge John G. Koeltl on 8/10/05) (dt, )
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Filing 42
FINAL JUDGMENT AND ORDER that all claims, counterclaims and cross-claims are dismissed with prejudice with each party to bear its own costs, expenses, and attorneys' fees. (Signed by Judge John G. Koeltl on 8/10/05) (ml, )
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| Mailed notice of Right to Appeal re: 42 Judgment and to Attorney(s) of Record: James Millard Davis, Mark Stephen Sullivan. (lma, ) |
| ***DELETED DOCUMENT. Deleted document number 42 Order. The document was incorrectly filed in this case. (re-docketed in correct case 03cv8445(RWS)(MHD)) (rag, ) |
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Filing 41
AMENDED SCHEDULING ORDER: Dispositive Motions due by 7/22/2005. Discovery due by 5/31/2005. Pretrial Order due by 8/8/2005. Ready for Trial by 8/22/2005. (Signed by Judge John G. Koeltl on 12/21/2004) (jp, )
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| CASE NO LONGER REFERRED to Magistrate Judge Douglas F. Eaton. (jco, ) |
| MEMORANDUM TO THE DOCKET CLERK from the Chambers of Douglas F. Eaton, U.S. Magistrate Judge dated 7/27/04. I hereby close the above Order of Reference for Magistrate Judge statistical purposes. Reason: On 7/21/04, I held a settlement conference. There was no settlement. (jco, ) |
| Filing 40 MEMORANDUM TO THE DOCKET CLERK: Settlement Conference held on 7/21/2004. The parties did not reach a settlement. (pl, ) |
| Filing 39 MEMORANDUM TO THE DOCKET CLERK: that a settlement conference was held on 7/21/04. There was no settlement. (pl, ) |
| Minute Entry for proceedings held before Judge Douglas F. Eaton : Settlement Conference held on 7/21/2004. (pl, ) |
| Filing 37 ANSWER to Counterclaim. Document filed by Concesionaria DHM, S.A..(sac, ) |
| Filing 36 ANSWER to Counterclaim. Document filed by Concesionaria DHM, S.A..(sac, ) |
| Filing 35 ANSWER to Cross-Claim of International Finance Corporation. Document filed by ACS Actividades de Construccion y Servicios, S.A.. (sac, ) |
| Filing 34 ANSWER to Crossclaim. Document filed by ACS Actividades de Construccion y Servicios, S.A..(sac, ) |
| Filing 33 RULE 7.1 DISCLOSURE STATEMENT. Document filed by ACS Actividades de Construccion y Servicios, S.A..(sac, ) |
| Filing 38 AFFIDAVIT OF SERVICE of Amended Answer, Counterclaims and Cross Claim of Deft. served on Mark S. Sullivan on 4/9/04. Service was accepted by by hand. Document filed by International Finance Corporation. (jco, ) Modified on 7/20/2004 (jco, ). On April 12, 2004 service of Amended Answer, Counterclaims and Cross Claim upon ACS Actividades de Construccion y Servicios, S.A.m, Grupo Dragados, S.A. |
| Filing 32 AFFIDAVIT OF SERVICE of Summons and Complaint. ACS Actividades de Construccion y Servicios, S.A. served on 4/12/2004, answer due 5/3/2004. Service was made by mail. Document filed by Concesionaria DHM, S.A. (yv, ) |
| Filing 31 AFFIDAVIT OF SERVICE of amended answer and crossclaim, collectively served on counsel for plaintiffs and defendant ACS Actividades and Grupo Dragados on 4/9/04 and 4/12/04 collectively. Service was made by first class mail. Document filed by Corporacion Andina De Fomento. (db, ) |
| Filing 30 AMENDED ANSWER to 1 Complaint., CROSSCLAIM against ACS Actividades de Construccion y Servicios, S.A.., COUNTERCLAIM against Concesionaria DHM, S.A.. Document filed by Corporacion Andina De Fomento. (dle, ) |
| Filing 29 AMENDED ANSWER to 1 Complaint. Document filed by International Finance Corporation. (dle, ) |
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Filing 28
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 Douglas F. Eaton. (Signed by Judge John G. Koeltl on 3/29/04) (dg, )
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| Filing 27 ENDORSED LETTER addressed to Judge John G. Koeltl from James M. Davis dated 3/24/04 re: granting counsel for parties request for an extension until 3/26/04 to submit the required notification. (Signed by Judge John G. Koeltl on 3/24/04) (dle, ) |
| Filing 26 ANSWER to Complaint. Document filed by Corporacion Andina De Fomento.(dle, ) |
| Filing 25 ANSWER to Complaint. Document filed by International Finance Corporation.(dle, ) |
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Filing 24
OPINION AND ORDER #89778 re: For the reasons explained in this Opinion, the defendants' motions to dismiss for improper venue pursuant to Rule 12(b)(3) of the Federal Rules of Civil Procedure are denied. Defendant CAF's motion to dismiss for forum non conveniens is denied. The defendants' motions pursuant to Rule 12(b)(6) to dismiss as duplicative the plaintiff's claims for breach of the implied covenant of good faith and fair dealing-Counts III and IV of Complaint are granted: 5 Motion to Dismiss filed by International Finance Corporation, 11 Motion to QuashMotion to DismissMotion to Dismiss Motion to Dismiss filed by Corporacion Andina De Fomento. (Signed by Judge John G. Koeltl on 3/6/04) (sac, )
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Filing 23
SCHEDULING ORDER: Dispositive Motions due by 7/30/2004. Discovery due by 7/9/2004. Status Report due by 3/22/2004 where the parties will notify the Court whether a reference to the Magistrate Judge would be useful for purposes of settlement and/or whether they consent to trial before the Magistrate Judge.The parties may communicate with the Court with respect to these matters by joint letter. Pretrial Order due by 8/20/2004. (Signed by Judge John G. Koeltl on 3/6/2004) (jsa, )
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| Filing 22 AFFIDAVIT OF SERVICE of Summons and Complaint. Corporacion Andina De Fomento served on 6/17/2003, answer due 7/7/2003. Service was accepted by Giaguelina Rubinetti, Lawyer of Legal Department of Corporation Andina de Foments. (ae, ) |
| Filing 21 REPLY MEMORANDUM by Concesionaria re: [11-1] motion for an Order (1) quashing the attempted service of process upon CAF pursuant to Rule 12(b)(5) of the F.R.C.P. . (cd) |
| Filing 20 Memo-Endorsement on letter addressed to Judge Koeltl from Mark Bradford, dated 10/16/03. Granting defendant's request for leave to file a five-page extension of the ten-page limit for reply memoranda . ( signed by Judge John G. Koeltl ); (kw) |
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Filing 19
STIPULATION, Reply to Response to Motion reset for 10/20/03 re: [11-1] motion for an Order (1) quashing the attempted service of process upon CAF pursuant to Rule 12(b)(5) of the F.R.C.P., for 10/20/03 re: [11-2] motion (2) dismissing the complaint against CAF for improper venue, pursuant to Rule 12(b)(3); (3) in the alternative, dismissing the complaint against CAF on grounds of forum on conveniens; and (4) in the alternative, dismissing with prejudice the Fourth Claim in the complaint for failure to state a claim upon which relief can be granted to dismiss . ( signed by Judge John G. Koeltl ). (tp)
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| Filing 14 Original signature page of declaration of Marcos Moises De Armas by Concesionaria . (yv) |
| Filing 13 Original signature page of declaration of Antonio Gomez Encinas by Concesionaria . (yv) |
| Filing 18 DECLARATION of Marcos Moises De Armas by Concesionaria Re: Venezuelan Constitution, treaties, laws, regulations, judgmnets, authoritative Venezuelan legal doctrine, awards and other authority. (yv) |
| Filing 17 DECLARATION of Mark S. Sullivan by Concesionaria Re: documents and facts relevant to [15-1] opposition memorandum . (yv) |
| Filing 16 DECLARATION of Antonio Gomez Encinas by Concesionaria Re: documents and facts relevant to [15-1] opposition memorandum . (yv) |
| Filing 15 MEMORANDUM OF LAW by Concesionaria in opposition to [11-1] motion for an Order (1) quashing the attempted service of process upon CAF pursuant to Rule 12(b)(5) of the F.R.C.P., [11-2] motion (2) dismissing the complaint against CAF for improper venue, pursuant to Rule 12(b)(3); (3) in the alternative, dismissing the complaint against CAF on grounds of forum on conveniens; and (4) in the alternative, dismissing with prejudice the Fourth Claim in the complaint for failure to state a claim upon which relief can be granted to dismiss . (yv) |
| Filing 12 MEMORANDUM OF LAW by Corporacion Andina in support of [11-1] motion for an Order (1) quashing the attempted service of process upon CAF pursuant to Rule 12(b)(5) of the F.R.C.P., [11-2] motion (2) dismissing the complaint against CAF for improper venue, pursuant to Rule 12(b)(3); (3) in the alternative, dismissing the complaint against CAF on grounds of forum on conveniens; and (4) in the alternative, dismissing with prejudice the Fourth Claim in the complaint for failure to state a claim upon which relief can be granted to dismiss. Appendix attached. (jco) |
| Filing 10 RULE 7.1 CERTIFICATE filed by Corporacion Andina. (jco) |
| Filing 11 NOTICE OF MOTION [filed on service date] by Corporacion Andina; for an Order (1) quashing the attempted service of process upon CAF pursuant to Rule 12(b)(5) of the F.R.C.P. ; (2) dismissing the complaint against CAF for improper venue, pursuant to Rule 12(b)(3); (3) in the alternative, dismissing the complaint against CAF on grounds of forum on conveniens; and (4) in the alternative, dismissing with prejudice the Fourth Claim in the complaint for failure to state a claim upon which relief can be granted to dismiss . Return Date 9/19/03 at 10:00. (jco) |
| Filing 9 REPLY MEMORANDUM by Finance Corporation in support re: [5-1] motion for an Order dismissing the complaint in this action as against IFC for improper venue, pursuant to Rule 12(b)(3) of the FRCP, or, in the alternative, dismissing with prejudice the Third Claim in the Complaint for failure to state a claim upon which relief can be granted, pursuant to Rule 12(b)(6). (sac) |
| CASHIER'S OFFICE REMARK on Order admitting Robert A. Burgoyne pro hac vice in the amount of $25.00 paid on 4/24/03 Receipt # 471811. (sb) |
| Filing 8 MEMORANDUM OF LAW by Concesionaria in opposition to [5-1] motion for an Order dismissing the complaint in this action as against IFC for improper venue, pursuant to Rule 12(b)(3) of the FRCP, or, in the alternative, dismissing with prejudice the Third Claim in the Complaint for failure to state a claim upon which relief can be granted, pursuant to Rule 12(b)(6). (sac) |
| Filing 7 APPENDIX by Finance Corporation In re: motion to dismiss for improper venue and failure to state a claim upon which relief can be granted. (yv) |
| Filing 6 MEMORANDUM OF LAW by Finance Corporation in support of [5-1] motion for an Order dismissing the complaint in this action as against IFC for improper venue, pursuant to Rule 12(b)(3) of the FRCP, or, in the alternative, dismissing with prejudice the Third Claim in the Complaint for failure to state a claim upon which relief can be granted, pursuant to Rule 12(b)(6) . (yv) |
| Filing 5 NOTICE OF MOTION (filed on service date) by Finance Corporation for an Order dismissing the complaint in this action as against IFC for improper venue, pursuant to Rule 12(b)(3) of the FRCP, or, in the alternative, dismissing with prejudice the Third Claim in the Complaint for failure to state a claim upon which relief can be granted, pursuant to Rule 12(b)(6) . Return Date 4/30/03 at 10:00. Declaration of Pablo Berckholtz attached. (yv) |
| Filing 4 STIPULATION: the time for dft International Finance Corporation to answer, move or otherwise respond with respect to the complaint is adjourned to and including 4/2/03, without prejudice to any claim or defense of either party . ( signed by Judge John G. Koeltl ) (db) |
| Filing 3 AFFIDAVIT OF SERVICE of S&C, individual practices of Judge G. Koeltl and Mag. Judge Eaton as to Finance Corporation by personal delivery on 2/11/03 . Answer due on 3/3/03 for Finance Corporation . (laq) |
| Filing 2 RULE 1.9 CERTIFICATE filed by Concesionaria . (gmo) |
| Filing 1 COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). FILING FEE $ 150.00 RECEIPT # 464285. (gmo) |
| Magistrate Judge Douglas F. Eaton is so designated. (gmo) |
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