Export-Import v. ASIA Pulp & Paper, et al
| Export-Import Bank of The United States |
| PT Pindo Deli Pulp & Paper Mills, PT Pabrik Kertas Tjiwi Kimia TBK, PT Indah Kiat Pulp & Paper TBK and ASIA Pulp & Paper Co., Ltd. |
| PAK 2000, Inc. |
| Nusource Inc., Edgewood Paper Company, Inc., Corporate Express US Finance, Inc., Cellynne Holdings, Inc., Bangkit USA Corp., Japan Pulp and Paper (USA) Corporation, Cellmark Paper, Inc., Spicers Paper, Inc., PsPrint LLC, Mac Papers, Inc., TST/Impreso, Inc., Kensington International Limited, Galaxy International Trading Limited, Asia Pulp & Paper Trading (USA), Inc., Unisource Worldwide, Inc., Japan Pulp & Paper (USA) Corporation, Bonwell Paper Trading Limited, Deutsche Bank Trust Company Americas, Kelly Paper Company, Handy Hide, The Bank of New York, Chih-Wei Sung, Cathay Bank, Solaris Paper, Inc. and Evereast Enterprise Inc. |
| Clearing House Association LLC |
| Paper Max, Inc. |
| 1:2003cv08554 |
| October 29, 2003 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| James C Francis |
| Donald C Pogue |
| Contract: Other |
| 28 U.S.C. § 3001 |
| None |
Docket Report
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| Filing 632 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Writ of Garnishment served on TST/Impreso, Inc. c/o Corporation Service Co. on 1/31/09. Service was made by Mail, signed and returned by Amy Schultz, Project Manager, CSC. Document filed by Export-Import Bank of The United States. (sc) |
| Filing 631 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Writ of Garnishment served on TST/Impreso, Inc. on 7/31/09. Service was accepted by Tamara Lisby(Purchasing). Document filed by Export-Import Bank of The United States. (sc) |
| Filing 630 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Writ of Garnishment served on Asia Pulp & Paper Trading(USA), Inc. c/o Incorp Services, Inc. on 7/31/09. Service was by Mail, signed and returned by Kelly Disabatio, Corp. Spec. Paralegal. Document filed by Export-Import Bank of The United States. (sc) Modified on 7/3/2014 (sc). |
| Filing 629 SATISFACTION OF JUDGMENT #10,0014 Judgment satisfied on 12/17/2012. Document filed by Export-Import Bank of The United States.(tro) |
| Filing 628 SATISFACTION OF JUDGMENT #08,0923 entered In favor of Export-Import Bank of The United States Against PT Indah Kiat Pulp & Paper TBK, In favor of Export-Import Bank of The United States Against ASIA Pulp & Paper Co., Ltd., In favor of Export-Import Bank of The United States Against Galaxy International Trading Limited, In favor of Export-Import Bank of The United States Against PT Pabrik Kertas Tjiwi Kimia TBK, In favor of Export-Import Bank of The United States Against PT Pindo Deli Pulp & Paper Mills Judgment satisfied on 12/17/2012. Document filed by Export-Import Bank of The United States.(tro) |
| CLERK CERTIFICATE OF MAILING RECEIVED for Disposition Order Pursuant to 28 U.S.C. 3205(c)(7) as to Funds Witheld by Spicer Paper, Inc. mailed to Galaxy International Trading Limited on 1/19/10 by Federal Express # 826621465358, RECEIVED ON: 1/26/10. As per doc #590.(kt) |
| Filing 627 MANDATE of USCA (Certified Copy) as to #591 Notice of Appeal, filed by PT Pindo Deli Pulp & Paper Mills, PT Indah Kiat Pulp & Paper TBK, ASIA Pulp & Paper Co., Ltd., PT Pabrik Kertas Tjiwi Kimia TBK, #606 Notice of Appeal filed by PT Pindo Deli Pulp & Paper Mills, PT Indah Kiat Pulp & Paper TBK, PT Pabrik Kertas Tjiwi Kimia TBK, Asia Pulp & Paper Trading (USA), Inc., #537 Notice of Appeal filed by PT Pindo Deli Pulp & Paper Mills, PT Indah Kiat Pulp & Paper TBK, ASIA Pulp & Paper Co., Ltd., PT Pabrik Kertas Tjiwi Kimia TBK, #577 Notice of Appeal, filed by PT Pindo Deli Pulp & Paper Mills, PT Indah Kiat Pulp & Paper TBK, ASIA Pulp & Paper Co., Ltd., PT Pabrik Kertas Tjiwi Kimia TBK USCA Case Number 09-3856-cv(L), 09-4819-cv(con), 10-326-cv(con), 10-998-cv(con)....that the appeal is hereby WITHDRAWN pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 12/15/2010. (nd) |
| Transmission of USCA Mandate/Order to the District Judge re: #627 USCA Mandate,,,. (nd) |
Filing 626
NOTICE REGARDING WRITS OF GARNISHMENT: ALL PARTIES ARE HEREBY NOTIFIED THAT, pursuant to Section 6(B)(1) of the Stipulation, "all Pending Garnishment Actions, including, without limitation, those identified in Exhibit B, thereof are dismissed without prejudice and all writs issued and all orders affecting any party to the Pending Garnishment Actions are hereby dissolved so that no garnishee is subject to continuing obligations under any writ." (Signed by Judge Donald C. Pogue on 12/14/10) (mro)
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Filing 625
STIPULATION AND ORDER OF DISMISSAL OF PETITION: Pursuant to the Stipulation and Order of Settlement entered December 1, 2010, it is hereby stipulated and agreed that Judgment Creditor's Petition to Set Aside or Avoid the Pindo Deli - Columbia Pulp and Paper Transfers, dated February 24, 2010, is dismissed without prejudice and without costs and attorneys' fees. (Signed by Judge Donald C. Pogue on 12/7/2010) (jpo)
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| Filing 624 TRUE COPY ORDER of USCA as to #591 Notice of Appeal, filed by PT Pindo Deli Pulp & Paper Mills, PT Indah Kiat Pulp & Paper TBK, ASIA Pulp & Paper Co., Ltd., PT Pabrik Kertas Tjiwi Kimia TBK, #606 Notice of Appeal filed by PT Pindo Deli Pulp & Paper Mills, PT Indah Kiat Pulp & Paper TBK, PT Pabrik Kertas Tjiwi Kimia TBK, Asia Pulp & Paper Trading (USA), Inc., #537 Notice of Appeal filed by PT Pindo Deli Pulp & Paper Mills, PT Indah Kiat Pulp & Paper TBK, ASIA Pulp & Paper Co., Ltd., PT Pabrik Kertas Tjiwi Kimia TBK, #577 Notice of Appeal, filed by PT Pindo Deli Pulp & Paper Mills, PT Indah Kiat Pulp & Paper TBK, ASIA Pulp & Paper Co., Ltd., PT Pabrik Kertas Tjiwi Kimia TBK USCA Case Number 09-3856-cv(L), 09-4819-cv(con), 10-0236-cv(con), 10-998-cv(con). IT IS HEREBY STIPULATED AND AGREED, by and through the undersigned counsel for the parties, that the time for either party to reinstate the above-captioned consolidated appeals by filing written notice with the Clerk, and serving such notice upon the undersigned counsel, is hereby extended to December 10, 2010. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 12/03/2010. (nd) |
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Filing 623
STIPULATION AND ORDER OF SETTLEMENT subject to the Condition Precedent, APP shall pay or procure the payment to Ex-Im Bank the sum of $57,000,000.00, plus an additional $1,000,000.00, plus an additional $500,000.00 in full and final settlement of all fees and expenses incurred by Ex-Im Banks with respect to this Stipulation, the Judgment, and collection of the Judgment and as further set forth in this document. (Signed by Judge Donald C. Pogue on 12/1/10) (cd) (Additional attachment(s) added on 12/1/2010: #1 Supplement, #2 Supplement, #3 Supplement, #4 Supplement) (cd).
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Filing 622
STIPULATION AND ORDER REGARDING TIME TO RESPONSE TO PETITION: PT Pindo Deli Pulp & Paper Mills and Columbia Pulp and Paper, Inc. will respond to the Petition on or before 12/15/2010. (Signed by Judge Donald C. Pogue on 11/2/10) (mro) Modified on 11/2/2010 (mro).
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Filing 621
ENDORSED LETTER addressed to Judge Donald C. Pogue from Li Yu dated 10/14/2010 re: Counsel respectfully request that the Court adjourn the hearing scheduled in the APPT garnishment proceeding from 10/19 to 12/3/2010. ENDORSEMENT: The hearing is re-scheduled for 3 p.m. on Tuesday, Dec. 7, 2010. So Ordered. (Signed by Judge Donald C. Pogue on 10/15/2010) (jfe)
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| CLERK CERTIFICATE OF MAILING RECEIVED for Disposition Order Pursuant to 28 U.S.C. 3205 (c)(7) As to Funds Withheld By Spicer Paper, Inc. mailed to Galaxy International Trading on 1-22-10 by Fedex# 8266 2146 5358, RECEIVED ON: 1-26-10. (sjo) |
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Filing 620
STIPULATION AND ORDER REGARDING TIME TO RESPONSE TO PETITION: PT Pindo Deli Pulp & Paper Mills and Columbia Pulp and Paper, Inc. will respond to the Petition on or before 11/15/2010. (Signed by Judge Donald C. Pogue on 9/10/2010) (tro)
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| Filing 619 MANDATE of USCA (Certified Copy) as to #443 Notice of Appeal filed by Export-Import Bank of The United States USCA Case Number 09-2254-cv. Ordered, Adjudged and Decreed that the order of the District Court is AFFIRMED in accordance with the opinion of this Court. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 08/13/2010. (nd) |
| Transmission of USCA Mandate/Order to the District Judge re: #619 USCA Mandate,. (nd) |
| Filing 618 TRUE COPY ORDER of USCA as to #496 Notice of Appeal filed by Solaris Paper, Inc., #591 Notice of Appeal, filed by PT Pindo Deli Pulp & Paper Mills, PT Indah Kiat Pulp & Paper TBK, ASIA Pulp & Paper Co., Ltd., PT Pabrik Kertas Tjiwi Kimia TBK, #606 Notice of Appeal filed by PT Pindo Deli Pulp & Paper Mills, PT Indah Kiat Pulp & Paper TBK, PT Pabrik Kertas Tjiwi Kimia TBK, Asia Pulp & Paper Trading (USA), Inc., #537 Notice of Appeal filed by PT Pindo Deli Pulp & Paper Mills, PT Indah Kiat Pulp & Paper TBK, ASIA Pulp & Paper Co., Ltd., PT Pabrik Kertas Tjiwi Kimia TBK, #577 Notice of Appeal, filed by PT Pindo Deli Pulp & Paper Mills, PT Indah Kiat Pulp & Paper TBK, ASIA Pulp & Paper Co., Ltd., PT Pabrik Kertas Tjiwi Kimia TBK USCA Case Number 09-3856-cv(L), 09-4819-cv(con), 10-0326-cv(con), 10-0998(con)....that the appeal is hereby WITHDRAWN pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 08/11/2010. (nd) |
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Filing 617
STIPULATION AND ORDER REGARDING TIME TO RESPOND TO PETITION, PT Pindo Deli Pulp & Paper Mills answer due 9/29/2010. (Signed by Judge Donald C. Pogue on 7/15/10) (cd)
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Filing 616
ORDER of USCA REINSTATING APPEAL (Certified Copy) as to #496 Notice of Appeal filed by Solaris Paper, Inc. USCA Case Number 09-2254-cv. A mandate having issued in error on 07/13/2010 for the above captioned matter. IT IS HEREBY ORDERED that the mandate in this case is recalled. Catherine O'Hagan Wolfe, Clerk USCA. Certified: 07/13/2010. (nd)
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| Appeal Remark as to #443 Notice of Appeal filed by Export-Import Bank of The United States USCA Case Number 09-2254-cv: #615 USCA Mandate returned back to the US Court of Appeals for the Second Circuit via email as per #616 USCA Order. (nd) |
| Filing 615 MANDATE of USCA (Certified Copy) as to #443 Notice of Appeal filed by Export-Import Bank of The United States USCA Case Number 09-2254-cv. Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED in accordance with the opinion of this court. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 07/13/2010. (nd) |
| Transmission of USCA Mandate/Order to the District Judge re: #615 USCA Mandate,. (nd) |
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Filing 614
FOURTH AMENDED SCHEDULING ORDER: Discovery in advance of the hearing on this writ shall be completed by Thursday, 9/16/2010. The Export-Import Bank of the United States will file a brief, including a proposed order, by Thursday, 9/23/2010. Asia Pulp & Paper Trading (USA) Inc will file a brief, including a proposed order, by Thursday, 10/7/2010. The hearing on this writ shall be held on Oct. 19 at 3:30 pm. (Signed by Judge Donald C. Pogue on 7/12/2010) (tro)
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| Filing 613 NOTICE OF CHANGE OF ADDRESS by William Coudert Rand on behalf of Asia Pulp & Paper Trading (USA), Inc.. New Address: Law Office of William Coudert Rand, 228 East 45th Street, 17th Floor, New York, NY, USA 10017, 212-286-1425. (Rand, William) |
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Filing 612
STIPULATION AND ORDER REGARDING TIME TO RESPOND TO PETITION: Pindo Deli and Columbia will respond to the Petition on or before 7/28/2010. (Signed by Judge Donald C. Pogue on 5/18/2010) (tro)
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Filing 611
THIRD AMENDED SCHEDULING ORDER: Discovery in advance of the hearing on this writ shall be completed by Friday, 7/16/2010. The Export-Import Bank of the United States will file a brief, including a proposed order, by Friday, 7/23/2010. Asia Pulp & Paper Trading (USA) Inc. will file a brief, including a proposed order, by 8/6/2010. The hearing on this writ shall be held on Wednesday, 9/1/2010 at 09:30 AM before Judge Donald C. Pogue. (Signed by Judge Donald C. Pogue on 5/12/2010) (tro)
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| Filing 610 ENDORSED LETTER addressed to Judge Donald C. Pogue from Li Yu dated 5/11/2010 re: Counsel write on behalf of the parties that have appeared in the Cellynne litigation and in proceedings relating to the writ of garnishment served on Asia Pulp & Papers Trading (USA) Inc. to request a two-month extension of the discovery deadline in those matters, from 5/14/2010 to 7/16/2010, and corresponding extension of the subsequent dates. It is further requested that the deadline for responding to Cellynne's motion for summary judgment be extended from 5/11/2010 to 6/1/2010. ENDORSEMENT: Granted. (Signed by Judge Donald C. Pogue on 5/12/2010) (tro) |
| Filing 609 STATUS REPORT. seeking extension of discovery deadline in the APPT garnishment proceeding Document filed by Export-Import Bank of The United States. (Attachments: #1 Text of Proposed Order)(Yu, Li) |
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Filing 608
STIPULATION AND ORDER REGARDING TIME TO RESPOND TO PETITION: Pindo Deli and Columbia will respond to the Petition to Set Aside or Avoid the Pindo Deli- Columbia Pulp and Paper Transfers on or before 5/28/2010. (Signed by Judge Donald C. Pogue on 4/13/2010) (tro)
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| Filing 607 CERTIFICATE OF SERVICE of Petition to Set Aside or Avoid the Pindo Deli-Columbia Pulp and Paper Transfers served on PT Pindo Deli Pulp and Paper Mills, Columbia Pulp and Paper Inc., and Columbia Pulp and Paper Ltd. on 3/16/2010. Document filed by Export-Import Bank of The United States. (Fornos, Carolina) |
| Filing 606 NOTICE OF APPEAL from #589 Order. Document filed by PT Indah Kiat Pulp & Paper TBK, PT Pabrik Kertas Tjiwi Kimia TBK, PT Pindo Deli Pulp & Paper Mills, Asia Pulp & Paper Trading (USA), Inc.. Filing fee $ 455.00, receipt number E 897093. (nd) |
| Transmission of Notice of Appeal to the District Judge re: #606 Notice of Appeal. (nd) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #606 Notice of Appeal. (nd) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #583 Letter,,, filed by Export-Import Bank of The United States, #452 Letter,, filed by Export-Import Bank of The United States, #505 Order on Motion for Reconsideration, #576 Affidavit of Service Other, filed by Export-Import Bank of The United States, #438 MOTION to Quash. filed by PAK 2000, Inc., #397 Memorandum of Law in Opposition filed by Japan Pulp & Paper (USA) Corporation, Japan Pulp and Paper (USA) Corporation, #440 Response in Opposition to Motion filed by Export-Import Bank of The United States, #434 Order on Motion for Reconsideration, #390 Order Admitting Attorney Pro Hac Vice, #347 Memo Endorsement, #589 Order,,, #223 Objection (non-motion) filed by Export-Import Bank of The United States, #459 Memorandum of Law in Support of Motion filed by Export-Import Bank of The United States, #294 Remark, #483 Order, #337 Order,,, #341 Declaration in Opposition to Motion, filed by PT Pindo Deli Pulp & Paper Mills, PT Indah Kiat Pulp & Paper TBK, ASIA Pulp & Paper Co., Ltd., PT Pabrik Kertas Tjiwi Kimia TBK, #515 Memorandum of Law filed by Kelly Paper Company, Spicers Paper, Inc., PsPrint LLC, #507 Application for Writ of Garnishment - Non Case Opening,,,, filed by Export-Import Bank of The United States, #497 Order,,,,,,,, #503 Reply to Response to Motion filed by PAK 2000, Inc., #559 Remark, #310 Letter filed by Export-Import Bank of The United States, #350 Answer to Amended Complaint filed by PT Indah Kiat Pulp & Paper TBK, PT Pabrik Kertas Tjiwi Kimia TBK, #113 Order,, #568 Order,,,,,,,, #542 Endorsed Letter, Set Motion and R&R Deadlines/Hearings,, #326 Letter, #162 Order,, #222 Letter filed by Export-Import Bank of The United States, #75 Order, Terminate Motions,,,,,, #400 MOTION to Stay re: #394 Order,. filed by Export-Import Bank of The United States, #371 Endorsed Letter, Set Deadlines,, #228 MOTION for Alan S. Modlinger to Appear Pro Hac Vice. filed by Solaris Paper, Inc., #165 Order, #446 Endorsed Letter,,, #445 Letter, filed by PT Pindo Deli Pulp & Paper Mills, PT Indah Kiat Pulp & Paper TBK, ASIA Pulp & Paper Co., Ltd., PT Pabrik Kertas Tjiwi Kimia TBK, #426 Memorandum of Law in Opposition to Motion filed by Export-Import Bank of The United States, #174 Order,, #357 Brief filed by Export-Import Bank of The United States, #313 Answer to Writ of Garnishment filed by The Bank of New York, #535 Memorandum of Law in Support of Motion filed by Japan Pulp & Paper (USA) Corporation, #317 Memorandum of Law in Support of Motion filed by PT Pindo Deli Pulp & Paper Mills, PT Indah Kiat Pulp & Paper TBK, ASIA Pulp & Paper Co., Ltd., PT Pabrik Kertas Tjiwi Kimia TBK, #383 Stipulation - Unsigned,,,,,, filed by Export-Import Bank of The United States, #345 Letter, #290 Remark, #224 Objection (non-motion) filed by Export-Import Bank of The United States, #178 Order, #138 Order, Set Hearings,, #282 Remark, #287 Remark, #243 MOTION To Appoint Liquidator and to Sell Assets. filed by Export-Import Bank of The United States, #203 Answer to Writ of Garnishment, #595 Order,, #447 Order on Motion to Quash, #309 Declaration in Support of Motion, filed by Export-Import Bank of The United States, #486 Response to Motion filed by PAK 2000, Inc., #210 Objection (non-motion), #374 Letter, #405 MOTION for Reconsideration re; #393 Order on Motion to Quash,. MOTION for Reconsideration re; #393 Order on Motion to Quash,. filed by PT Pindo Deli Pulp & Paper Mills, PT Indah Kiat Pulp & Paper TBK, ASIA Pulp & Paper Co., Ltd., PT Pabrik Kertas Tjiwi Kimia TBK, #369 Certificate of Service Other, filed by Cellmark Paper, Inc., #443 Notice of Appeal filed by Export-Import Bank of The United States, #441 Notice of Change of Address filed by Cellmark Paper, Inc., #412 Memorandum of Law in Support of Motion filed by Cellmark Paper, Inc., #285 Remark, #526 Order, #477 Memorandum of Law in Opposition to Motion, filed by PT Pindo Deli Pulp & Paper Mills, PT Indah Kiat Pulp & Paper TBK, ASIA Pulp & Paper Co., Ltd., PT Pabrik Kertas Tjiwi Kimia TBK, #284 Remark, #263 Letter, #536 USCA Mandate Withdrawing Appeal, #143 Order on Motion for Summary Judgment,,,,,,,,,,, #250 Letter, filed by Export-Import Bank of The United States, #423 Letter filed by Export-Import Bank of The United States, #376 Endorsed Letter,, #154 Letter, filed by Export-Import Bank of The United States, #485 Notice of Appearance filed by Kelly Paper Company, Spicers Paper, Inc., PsPrint LLC, #454 Endorsed Letter, #344 Letter,,,,,, #606 Notice of Appeal filed by PT Pindo Deli Pulp & Paper Mills, PT Indah Kiat Pulp & Paper TBK, PT Pabrik Kertas Tjiwi Kimia TBK, Asia Pulp & Paper Trading (USA), Inc., #471 Response, #463 Declaration in Opposition to Motion, filed by Export-Import Bank of The United States, #398 Order Admitting Attorney Pro Hac Vice, #271 Endorsed Letter, Set Deadlines/Hearings,,,,,, #575 Stipulation and Order,,, #213 Objection (non-motion), #605 Stipulation and Order, Set Deadlines/Hearings,,,,,,,, #378 Letter, #581 Order,,,,,,,, #475 Order, #399 Transcript, #288 Remark, #566 Memorandum of Law, filed by PT Pindo Deli Pulp & Paper Mills, PT Indah Kiat Pulp & Paper TBK, ASIA Pulp & Paper Co., Ltd., PT Pabrik Kertas Tjiwi Kimia TBK, #522 Order, Set Deadlines/Hearings,, #166 Order, #491 Reply Affidavit in Support of Motion filed by Export-Import Bank of The United States, #356 Brief filed by Export-Import Bank of The United States, #552 Memorandum of Law in Support, filed by PT Pindo Deli Pulp & Paper Mills, PT Indah Kiat Pulp & Paper TBK, ASIA Pulp & Paper Co., Ltd., PT Pabrik Kertas Tjiwi Kimia TBK, #305 Subpoena Issued filed by Export-Import Bank of The United States, #201 Letter,, filed by PT Pindo Deli Pulp & Paper Mills, PT Indah Kiat Pulp & Paper TBK, ASIA Pulp & Paper Co., Ltd., PT Pabrik Kertas Tjiwi Kimia TBK, #172 Order,, #293 Remark, #411 MOTION to Quash Under the Federal Debt Collection Procedures Act. filed by Cellmark Paper, Inc., #602 Stipulation and Order, Set Deadlines/Hearings,,,,,,,,,,,,,, #214 Answer to Complaint filed by Unisource Worldwide, Inc., #529 Scheduling Order, #170 Order,, #393 Order on Motion to Quash, #207 Answer to Writ of Garnishment filed by Chih-Wei Sung, #474 Stipulation and Order,, #597 Endorsed Letter,, #494 Declaration in Support of Motion, filed by Export-Import Bank of The United States, #464 Notice of Appearance filed by Solaris Paper, Inc., #599 Letter, filed by Export-Import Bank of The United States, #429 Order, #579 Memorandum of Law filed by Spicers Paper, Inc., #462 Memorandum of Law in Opposition to Motion filed by Export-Import Bank of The United States, #354 Memorandum of Law, filed by PT Pindo Deli Pulp & Paper Mills, PT Indah Kiat Pulp & Paper TBK, ASIA Pulp & Paper Co., Ltd., PT Pabrik Kertas Tjiwi Kimia TBK, #259 Letter, filed by Export-Import Bank of The United States, #511 Certificate of Service Other filed by Export-Import Bank of The United States, #541 Endorsed Letter, Set Deadlines/Hearings,, #375 MOTION for Eliot B. Gersten to Appear Pro Hac Vice. filed by Cellmark Paper, Inc., #292 Remark, #333 Reply Memorandum of Law in Support, filed by PT Pindo Deli Pulp & Paper Mills, PT Indah Kiat Pulp & Paper TBK, ASIA Pulp & Paper Co., Ltd., PT Pabrik Kertas Tjiwi Kimia TBK, #506 Application for Writ of Garnishment - Non Case Opening,,, filed by Export-Import Bank of The United States, #465 Letter, filed by Cellmark Paper, Inc., #561 Order,, #179 Order, Set Motion and R&R Deadlines/Hearings,,,,,,,,,,,,,, #484 Response, filed by Kelly Paper Company, Spicers Paper, Inc., PsPrint LLC, #215 Order, Set Deadlines/Hearings,, #448 Endorsed Letter,, #348 Letter,, #258 Letter filed by PT Pindo Deli Pulp & Paper Mills, #362 Reply Affidavit in Support of Motion filed by Export-Import Bank of The United States, #458 MOTION for Sanctions Against Judgment Debtors. filed by Export-Import Bank of The United States, #427 Declaration in Opposition to Motion, filed by Export-Import Bank of The United States, #327 Memorandum of Law in Support filed by Clearing House Association LLC, #587 Status Report filed by Export-Import Bank of The United States, #340 Affirmation in Opposition to Motion, filed by PT Pindo Deli Pulp & Paper Mills, PT Indah Kiat Pulp & Paper TBK, ASIA Pulp & Paper Co., Ltd., PT Pabrik Kertas Tjiwi Kimia TBK, #254 Clerk Certificate of Mailing, #590 Clerk Certificate of Mailing, #466 Order, #380 Order on Motion to Appear Pro Hac Vice, #316 Objection (non-motion), Objection (non-motion) filed by PT Pabrik Kertas Tjiwi Kimia TBK, #473 Stipulation and Order,, #219 Objection (non-motion) filed by Export-Import Bank of The United States, #414 Memorandum of Law in Support of Motion filed by Unisource Worldwide, Inc., #571 Scheduling Order, #548 Endorsed Letter, #543 Stipulation and Order, #164 Order, #322 Endorsed Letter, Set Deadlines,, #534 Certificate of Counsel filed by Japan Pulp & Paper (USA) Corporation, #516 Status Report, filed by Export-Import Bank of The United States, #521 Response filed by Solaris Paper, Inc., #582 Notice (Other) filed by Export-Import Bank of The United States, #492 Brief, filed by Export-Import Bank of The United States, #272 Endorsed Letter, Set Deadlines,,,,,, #421 Stipulation and Order,,, #594 Notice (Other) filed by Export-Import Bank of The United States, #256 Clerk Certificate of Mailing, #177 Order, #363 MOTION for Datev Shenian to Appear Pro Hac Vice. filed by Japan Pulp & Paper (USA) Corporation, Japan Pulp and Paper (USA) Corporation, #146 Order, #451 Clerk Certificate of Mailing,,, #461 Order on Motion to Consolidate Cases, #572 Letter,, filed by Export-Import Bank of The United States, #527 Order, #283 Remark, #553 Memorandum of Law in Support of Motion, filed by Export-Import Bank of The United States, #255 Clerk Certificate of Mailing, #336 Order,, #555 Memorandum of Law in Support of Motion filed by Export-Import Bank of The United States, #499 Order,,,,,, #395 Order Admitting Attorney Pro Hac Vice, #141 Letter,, filed by PT Pindo Deli Pulp & Paper Mills, PT Indah Kiat Pulp & Paper TBK, ASIA Pulp & Paper Co., Ltd., PT Pabrik Kertas Tjiwi Kimia TBK, #163 Order, #456 Letter,,, filed by Export-Import Bank of The U |
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Filing 605
STIPULATION AND ORDER REGARDING SERVICE OF JUDGMENT CREDITOR'S PETITION TO SET ASIDE OR VOID THE PINO DELI - COLUMBIA PULP AND PAPER TRANSFERS: NOW, THEREFORE, IT IS HEREBY STIPULATED AND ORDERED: 1. Pindo Deli, Columbia Pulp and Paper Ltd., and Columbia Pulp and Paper, Inc., hereby accept service of Ex-Im's petition by delivery, via Federal Express, to Ken Puhala at the address listed below. 2. Pindo Deli, Columbia Pulp and Paper Ltd., and Columbia Pulp and Paper, Inc., will respond to the Petition on or before April 20, 2010. 3. Ex-Im and Pindo Deli, Columbia Pulp and Paper Ltd., and Columbia Pulp and Paper, Inc., understand and agree that this Stipulation and Order contains the entire agreement between them with respect to acceptance of service and the time to respond, and that no statements, representations, promises, agreements, or negotiations, oral or otherwise, between the parties or their counsel with respect to acceptance of service and the time to respond that are not included herein shall be of any force or effect. (Signed by Judge Donald C. Pogue on 3/11/2010) (rw)
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| Filing 604 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - RESPONSE to Motion re: #592 MOTION for Leave to File Petition to Set Aside or Avoid the Pindo Deli - Columbia Pulp and Paper Transfers. STIPULATION & ORDER. Document filed by PT Pindo Deli Pulp & Paper Mills. (Puhala, Kenneth) Modified on 3/16/2010 (db). |
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Filing 603
STIPULATION AND ORDER REGARDING WRIT OF GARNISHMENT TO PSPRINT LLC: It is hereby stipulated and ordered that the PsPrint Writ is terminated, without prejudice and without costs or fees to either party. PsPrint and Ex-1m understand and agree that this Stipulation and Order contains the entire agreement between them, and that no statements, representations, promises, agreements, or negotiations, oral or otherwise, between the parties or their counsel that are not included herein shall be of any force or effect. (Signed by Judge Donald C. Pogue on 3/9/2010) (jpo)
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Filing 602
STIPULATION AND ORDER REGARDING WRIT OF GARNISHMENT TO KELLY PAPERS CO.: It is hereby stipulated and ordered pursuant to 28 U.S.C. 3205(c), the Kelly Writ is terminated, without prejudice and without costs or fees to either party. Kelly shall give notice to Ex-1m of any payment that Kelly anticipates making to any of the Judgment Debtors or to any of the Pass-Through Intermediaries - a list of which is enclosed at Attachment A - for purchase of the Judgment Debtors' products, Such notice shall be made, by letter and electronic mail to counsel for Ex-Im, no later than 30 days prior to the date of each of the anticipated payments. Within 30 days of receipt of a notice of modification, Kelly may object to the modification of Attachment A by so notifying Ex-Im by letter and electronic mail. If Kelly does not object to the modification, the modification shall be considered an amendment to this Stipulation and Order effective as of the date that Kelly received the notice of modification. If Kelly does object to the modification, Ex-Im may seek leave of the Court to amend Attachment A to include such entity or entities, as of the date of the notice of modification, for good cause shown. The proposed amendment of Attachment A will not become effective unless and until the Court so orders, except that, if Ex-Im seeks leave of Court for such amendment to Attachment A within 20 days of its receipt of Kelly's objection, the proposed amendment shall be in effect until such time as the Court has ruled on Ex-Im's motion. This Stipulation and Order, and any obligation that Kelly has under paragraph "2" above, shall terminate (i) upon the satisfaction of the Judgment, (ii) by written agreement between Ex-Im and Kelly, or (iii) pursuant to an order from the Court. (Signed by Judge Donald C. Pogue on 3/9/2010) (jpo)
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Filing 601
SECOND AMENDED SCHEDULING ORDER: Discovery in advance of the hearing on this writ shall be completed by Friday, May 14, 2010. The Export-Import Bank of the United States will file a brief, including a proposed order, by Friday, May 21, 2010. Asia Pulp & Paper Trading (USA) Inc. will file a brief, including a proposed order, by Friday, June 4, 2009. The hearing on this writ shall be held on June 10, 2010 at 11:30 a.m. (Signed by Judge Donald C. Pogue on 3/9/2010) (jpo)
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| Filing 600 LETTER addressed to Judge Donald C. Pogue from Li Yu dated 3/3/2010 re: Counsel for Plaintiff "Ex-Im" write respectfully on behalf of the parties that have appeared in the Cellynne litigation and in the proceedings relating to the writ of garnishment served on Asia Pulp & Paper Trading (USA), Inc. to request a 60- day extension of the discovery deadline in those matters, from 3/15/2010 to 5/14/2010, and corresponding extension of the subsequent dates. *Proposed Second Amended Scheduling Orders attached hereto. Document filed by Export-Import Bank of the United States, Export-Import Bank of The United States.Associated Cases: 1:03-cv-08554-DCP-JCF, 1:08-cv-11118-DCP(tro) |
| Filing 599 LETTER addressed to Judge Donald C. Pogue from Li Yu dated 10/22/09 re: Counsel for Plaintiff Export-Import Bank of the United States has agreed with PsPrint and Kelly to resolve the writs of garnishment in lieu of litigation. Accordingly, counsel respectfully encloses, for the Court's convenience and approval, two Stipulations and Proposed Order resolving the writs of garnishment served on PsPrint and Kelly. Document filed by Export-Import Bank of The United States.(tro) |
| Filing 598 LETTER addressed to Judge Donald C. Pogue from Kenneth R. Puhala dated 3/2/2010 re: Counsel for Defendants request a telephone conference for the purpose of discussing the recent filing of an expert ex parte order under seal in this case. Document filed by ASIA Pulp & Paper Co., Ltd., PT Indah Kiat Pulp & Paper TBK, PT Pabrik Kertas Tjiwi Kimia TBK, PT Pindo Deli Pulp & Paper Mills.(tro) |
| ***DELETED DOCUMENT. Deleted document number #598 ENDORSED LETTER. The document was a duplicate entry of doc. #597 filed in this case. (ae) |
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Filing 597
ENDORSED LETTER addressed to Judge Donald C. Pogue from Carolina A. Fornos dated 3/2/10 re: Defendants have requested a copy of the Ex-Parte Application for Writ of Garnishment originally filed by counsel for the Export-Import Bank of the United States on February 19, 2010, as well as the Court's Order relating to that filing. If the Court has no objection, counsel for the Government would be amenable to providing defendants with a copy of the filings. ENDORSEMENT: Permission to reveal is granted. (Signed by Judge Donald C. Pogue on 3/3/10) (mro)
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| Filing 596 SEALED DOCUMENT placed in vault. Order on motion under seal.(jri) |
| Filing 594 NOTICE of Petition to Set Aside or Avoid the Pindo Deli - Columbia Pulp and Paper Transfers re: #595 Order. Document filed by Export-Import Bank of The United States. (Fornos, Carolina) Modified on 3/1/2010 (Espinell, Antonia). |
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Filing 595
ORDER: re: #592 MOTION for Leave to File Petition to Set Aside or Avoid the Pindo Deli - Columbia Pulp and Paper Transfers: 1. The Export-Import Bank of the United States ("Ex1m") is granted leave to file its Petition seeking to set aside or avoid the transfers made by Judgment Debtor PT Pindo Deli Pulp and Paper Mills to Columbia Pulp and Paper Ltd., and Columbia Pulp and Paper, Inc. 2. Judgment Debtor PT Pindo Deli Pulp and Paper Mills, Columbia Pulp and Paper Ltd., and Columbia Pulp and Paper, Inc., shall file a response to Ex-lm's petition within 20 days of service. (Signed by Judge Donald C. Pogue on 2/25/10) (ae) Modified on 3/1/2010 (ae).
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| ***DELETED DOCUMENT. Deleted document number 593 ORDER. The document was incorrectly filed in this case. (ae) (This document was erroneously deleted pursuant to chambers instructions and re-docketed [see doc. #595]) |
| Filing 592 MOTION for Leave to File Petition to Set Aside or Avoid the Pindo Deli - Columbia Pulp and Paper Transfers. Document filed by Export-Import Bank of The United States. (Attachments: #1 Exhibit A: Petition, #2 Exhibit B: Proposed Order)(Fornos, Carolina) |
| Transmission of Notice of Appeal to the District Judge re: #591 Notice of Appeal,. (nd) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #591 Notice of Appeal,. (nd) |
| Filing 591 NOTICE OF APPEAL from #502 Order on Motion for Sanctions, #434 Order on Motion for Reconsideration, #561 Order,, #466 Order, #585 Judgment, #393 Order on Motion to Quash,. Document filed by ASIA Pulp & Paper Co., Ltd., PT Indah Kiat Pulp & Paper TBK, PT Pabrik Kertas Tjiwi Kimia TBK, PT Pindo Deli Pulp & Paper Mills. Filing fee $ 455.00, receipt number E 892530. (nd) |
| Filing 590 CLERK CERTIFICATE OF MAILING of Disposition Order Pursuant To 28 U.S.C. 3205(c)(7) As To Funds Withheld By Spicer Paper Inc. mailed to Galaxy International Trading Limited at the following address: Galaxy International Trading Limited Level 2, Lot 19, Lazenda Commercial Centre Phase 3, 87007 Labuan, F.T. Labuan, Malaysia on 1-22-10 by Fedex # 8266 2146 5358. (sjo) |
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Filing 589
DISPOSITION ORDER PURSUANT TO 28 U.S.C. 3205 (c)(7) AS TO FUNDS WITHHELD BY SPICERS PAPER, INC.: Accordingly, IT IS HEREBY ORDERED THAT: 1. In accordance with the Amended Sanctions Order, the Judgment Debtors' motion to quash the Spicers Writ, dated April 1, 2009 [Dkt No. 329], is denied. 2. Pursuant to 28 U.S.C. 3205(c)(7), Spicers shall turn over the Spicers Funds to Ex-Im as property in which Tjiwi Kimia and Galaxy, judgment debtors to Ex-Im, each has "a substantial interest." Pursuant to Federal Rules of Civil Procedure 5(a)(2) and 4(f)(2)(c)(ii), Ex-Im shall serve this Order on Galaxy by providing a copy of this Order to the Clerk for mailing to Galaxy via Federal Express. (Signed by Judge Donald C. Pogue on 1/19/2010) (jfe)
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| Filing 588 RESPONSE re: #586 Memorandum of Law in Support of Motion, -- Spicers Paper, Inc.'s Response to Ex-Im's Memorandum in Support of the Proposed Disposition Order Pursuant to 28 U.S.C. 3205(c)(7) as to the Spicers Funds. Document filed by Spicers Paper, Inc.. (Connelly, Blair) |
| Filing 587 STATUS REPORT. (Letter enclosing Proposed Spicers Disposition Order and brief in support of the proposed order). Document filed by Export-Import Bank of The United States.(Yu, Li) Modified on 1/8/2010 (KA). Modified on 1/8/2010 (KA). |
| Filing 586 MEMORANDUM OF LAW in Support re: #331 MOTION for Writ of Garnishment of Plaintiff Judgment-Creditor Ex-Im. for Entry of Proposed Spicers Disposition Order. Document filed by Export-Import Bank of The United States. (Attachments: #1 Exhibit 1, Proposed Spicers Disposition Order)(Yu, Li) |
| Filing 585 JUDGMENT ON WRIT OF GARNISHMENT #10,0014 in favor of Export-Import Bank of The United States against Galaxy International Trading Limited in the amount of $ 5,729,641.29. (Signed by Judge Donald C. Pogue on 1/5/10) (Attachments: #1 NOTICE OF RIGHT TO APPEAL)Filed In Associated Cases: 1:03-cv-08554-DCP-JCF, 1:08-cv-11118-DCP(ml) |
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Filing 584
AMENDED SCHEDULING ORDER. IT IS HEREBY ORDERED that the parties shall adhere to the following amended deadlines. 1. Discovery in advance of the hearing on this writ shall be completed by Monday, March 15, 2010. 2. The Export-Import Bank of the United States will file a brief, including a proposed order, by Monday, March 22, 2010. 3. Asia Pulp & Paper Trading (USA) Inc. will file a brief, including a proposed order, by Monday, April 5, 2009. 4. The hearing on this writ shall be held on April 14, at 9:30am. Discovery due by 3/15/2010. (Signed by Judge Donald C. Pogue on 1/5/10) (rjm)
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| Filing 583 LETTER addressed to Judge Donald C. Pogue from Li Yu dated 12/21/2009 re: On October 20, 2009, the Court entered a Default Order as to Galaxy International Ltd. In light of the Galaxy Default Order, as well as the Court's July 28, 2009 Amended Order for Sanctions, the entry of judgment against Galaxy in the amount of $ 5,729,641.29- the amount of payments that Galaxy has received from PAK. To date, Cellmark has refused to state what payments, if any, it made to Galaxy after February 17, 2009. Ex-Im intends to confer again with Cellmark to determine whether it will be necessary to request judicial intervention to obtain the relevant information from Cellmark. I respectfully submit the enclosed proposed judgment as to Galaxy and request that the Court enter the Judgment. Document filed by Export-Import Bank of The United States.(mbe) (mbe). |
| Filing 582 NOTICE of Proposed Amended Scheduling Order. Document filed by Export-Import Bank of The United States. (Attachments: #1 Text of Proposed Order, #2 Text of Proposed Order)(Yalen, Robert) |
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Filing 581
ORDER REGARDING SERVICE BY PUBLICATION ON ASIA PULP & PAPER CO., LTD. AND PT PINDO DELI PULP AND PAPER MILLS. Therefore, it is now hereby ORDERED that: 1. Personal service and service on Defendants pursuant to Federal Rule of Civil Procedure 4 (f) (3) has proven "not practicable" within the meaning of 28 U.S.C. 1655. 2. Pursuant to 28 U.S.C. 1655, service of this Order and the Interpleader Complaint may therefore be effected on Defendants by publication on the docket sheet for Export-Import Bank of the United States v. Asia Pulp & Paper Co., Ltd., et. al., No. 03 Civ. 08554 (DCP) (JCF), an action to which Defendants are parties, and which has been consolidated with the above-captioned action. See 28 U.S.C. 1655 ("Where personal service is not practicable, the order shall be published as the court may direct...."); Mullane v. Cent. Hanover Bank & Trust Co., 339 U.S. 306, 314 (1950) (service must provide "notice reasonably calculated, under all circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections"); SEC V. Tome, 833 F.2d 1086, 1093 (2d Cir. 1987) (service by publication sufficient where "reasonably calculated to apprise the interested parties of the lawsuit"). The Clerk is directed to accept these documents - i.e., this Order, the November 9 Order, and the Interpleader Complaint - for filing on the docket sheet for No. 03 Civ. 08554 (DCP) (JCF), and to provide Defendants e-mail notice of such publication each week for six weeks following such acceptance and publication. 3. Defendants are ordered to appear or to plead in this action on or before February 4, 2010. In the event that Defendants fail to so appear in compliance with this Order, the court will proceed to adjudicate the claims with respect to the property that is the subject of this action as if Defendants had been served with process within the State. See 28 U.S.C. 1655. This paragraph supersedes paragraph 3 of the November 9 Order. Relates to 08-11118, 03-8554. (Signed by Judge Donald C. Pogue on 12/16/09) (rjm)
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| Filing 580 DECLARATION of Blair Connelly in Support of Spicers Paper, Inc.'s Supplemental Memorandum Regarding Disposition Order as to Funds Held by Spicers Paper, Inc. Pursuant to a Writ of Garnishment. Document filed by Spicers Paper, Inc.. (Attachments: #1 Exhibit 1)(Connelly, Blair) |
| Filing 579 MEMORANDUM OF LAW -- Spicers Paper, Inc.'s Supplemental Memorandum Regarding Disposition Order as to Funds Held by Spicers Paper, Inc. Pursuant to a Writ of Garnishment. Document filed by Spicers Paper, Inc.. (Connelly, Blair) |
| Filing 578 MANDATE of USCA (Certified Copy) as to 159 Notice of Appeal, filed by PT Pindo Deli Pulp & Paper Mills, PT Indah Kiat Pulp & Paper TBK, ASIA Pulp & Paper Co., Ltd., PT Pabrik Kertas Tjiwi Kimia TBK USCA Case Number 08-3034-cv. Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 11/23/2009. (nd) |
| Transmission of USCA Mandate/Order to the District Judge re: #578 USCA Mandate,. (nd) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #577 Notice of Appeal,. (nd) |
| Transmission of Notice of Appeal to the District Judge re: #577 Notice of Appeal,. (nd) |
| Filing 577 NOTICE OF APPEAL from #502 Order on Motion for Sanctions, #392 Order, #417 Order, #568 Order, #393 Order on Motion to Quash, #394 Order,. Document filed by ASIA Pulp & Paper Co., Ltd., PT Indah Kiat Pulp & Paper TBK, PT Pabrik Kertas Tjiwi Kimia TBK, PT Pindo Deli Pulp & Paper Mills. Filing fee $ 455.00, receipt number E 706372. (nd) |
| Filing 576 AFFIDAVIT OF SERVICE of Order Compelling Bonwell to Appear and Answer the Writ served on Bonwell Paper Trading Limited on 09/18/2009. Service was accepted by Ms. Cheng, secretary of Bonwell Paper Trading Limited. Document filed by Export-Import Bank of The United States. (Yu, Li) |
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Filing 575
STIPULATION AND ORDER REGARDING WRIT OF GARNISHMENT TO CATHAY BANK. IT IS HEREBY STIPULATED AND ORDERED, pursuant to 28 U.S.C. 3205(c), as follows: The Cathay Writ is terminated, without prejudice and without costs or fees to either party. Cathay and Ex-Im understand and agree that this Stipulation and Order contains the entire agreement between them, and that no statements, representations, promises, agreements, or negotiations, oral or otherwise, between the parties or their counsel that are not included herein shall be of any force or effect. To the extent that counsel for Cathay is not admitted to practice before this Court, counsel is hereby admitted pro hac vice for the purpose of this stipulation. (Signed by Judge Donald C. Pogue on 11/16/09) (rjm)
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Filing 574
ENDORSED LETTER addressed to Judge Donald C. Pogue from Kenneth R. Puhala dated 11/12/09 re: Request that Your Honor approve corrections and either to instruct the Court Reporter to make the requested corrections or issue an order deeming the transcript amended to contain these corrections. ENDORSEMENT: Approval Granted. The Court Reporter shall make the corrections. (Signed by Judge Donald C. Pogue on 11/16/09) (rjm)
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| Filing 573 NOTICE of Settlement Stipulation and Proposed Order Regarding Resolution of Writ of Garnishment Served on Cathay Bank. Document filed by Export-Import Bank of The United States. (Yalen, Robert) |
| Set/Reset Scheduling Order Deadlines: Status Conference set for 2/10/2010 at 10:00 AM before Judge Donald C. Pogue. (pl) |
| Filing 572 LETTER addressed to Judge Donald C. Pogue from Mara E. Trager dated 10/2/09 re: Counsel for the Export-Import Bank of the United States (the "Government") has conferred with counsel for Asia Pulp & Paper Trading (USA), Inc. ("APPT") and jointly propose the attached scheduling order regarding the APPT writ of garnishment. We have also conferred with counsel for TST/Impreso, Inc. and counsel for the Judgment Debtors, both of whom have indicated that they have no objection to the proposed schedule. Document filed by Export-Import Bank of The United States. (pl) Modified on 11/4/2009 (pl). |
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Filing 571
SCHEDULING ORDER REGARDING HEARING ON APPT'S WRIT OF GARNISHMENT, IT IS HEREBY ORDERED that: 1. Discovery in advance of the hearing shall be completed by January 15, 2010. 2. Ex-Im will file a brief, including a proposed order, in advance of the hearing by January 22, 2010. 3. APPT will file a brief, including a proposed order, in advance of the hearing by February 5, 2010. 4. The hearing shall be scheduled on Wed, Feb. 10, at 10 a.m. (Signed by Judge Donald C. Pogue on 11/4/09) (pl) Modified on 4/8/2010 (pl).
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| Filing 570 CERTIFICATE OF SERVICE of Order Compelling Kensington to Appear and Answer the Writ of Garnishment and other documents served on Kensington International Limited on 09/07/2009. Service was accepted by Ms. Chan, Secretary of Kensington International Limited. Document filed by Export-Import Bank of The United States. (Yu, Li) |
| Filing 569 TRANSCRIPT of proceedings held on 10/14/09 before Judge Donald C. Pogue. (ldi) |
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Filing 568
ORDER: 1. Judgment Debtors are and continue to be in violation of the Court's May 8 Order. To remedy this violation, a daily fine for non-compliance with the Court's orders is hereby imposed. Said daily fine shall be in the amount of $1,000 per day, on or after October 27, 2009, and shall continue as long as Judgment Debtors continue their stance of complete non-compliance with the Court's May 8 Order. The daily fine shall double for each week of complete non-compliance, and shall continue to double for each such week, provided that it shall not exceed the amount of $50,000 per day - i.e., on and after December 8, 2009, the daily fine for complete non-compliance shall be $50,000 per day,unless otherwise ordered by the court, which may increase or decrease the fine as appropriate. For any day of partial non compliance, the court will determine the amount of any fine, based on a consideration of the extent and nature of Judgment Debtors' good faith effort to comply with the May 8 Order and with this order. Judgment Debtors are liable jointly and severally for these fines. The fines will continue to accumulate, provided that the Defendants may make application to the court to suspend the daily fine on and after a demonstration of a good faith effort to comply with the court's May 8 Order. 2. Ex-Im is awarded costs and attorney's fees for its work in preparation for the sanctions hearing that occurred on October 14, 2009, including discovery and briefing related thereto, to the extent not already awarded by the July 28 Order. 3. Except with regard to the start date for daily fines, nothing in this Order is intended to modify the July 28 Order, including the adverse inference contained in paragraph 1 thereof, which remains fully in force. 4. Nothing in this Order is intended to prevent Ex-Im from seeking further relief, under Federal Rule of Civil Procedure 37 or otherwise, in the event that the Defendants continue to fail to comply with this Court's May 8 Order or their discovery obligations. (Signed by Judge Donald C. Pogue on 10/26/09) (db) Modified on 11/2/2009 (db).
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| Filing 567 (CORRECTED) LETTER addressed to Judge Donald C. Pogue from Li Yu dated 10/9/2009 re: As the Court is aware, an order was entered on July 28, 2009, compelling Galaxy to appear within 20 days of service of that order to answer the FDCPA writ of garnishment it had received (the "Galaxy Order"). On August 3, 2009, the Clerk mailed a copy of the Galaxy Order, as well as other documents, to Galaxy. Galaxy received those records on August 7, 2009. It has been nearly two months since service of the Galaxy Order. But Galaxy still has not filed an answer or otherwise appeared. In light of Galaxy's default, Ex-Im is entitled to the entry of a judgment against Galaxy pursuant to 28 U.S.C. 3205(c)(6), as a set forth more fully in the enclosed proposed default order. Document filed by Export-Import Bank of The United States.(mbe) (mbe). Modified on 10/26/2009 (ae). |
| Filing 566 MEMORANDUM OF LAW Defendants' Post-Hearing Memorandum of Law in Support of a Proposed Order Providing That No Daily Fine Be Imposed. Document filed by ASIA Pulp & Paper Co., Ltd., PT Indah Kiat Pulp & Paper TBK, PT Pabrik Kertas Tjiwi Kimia TBK, PT Pindo Deli Pulp & Paper Mills. (Puhala, Kenneth) |
| Filing 565 MEMORANDUM OF LAW in Support re: #458 MOTION for Sanctions Against Judgment Debtors. Post-Hearing Brief. Document filed by Export-Import Bank of The United States. (Yu, Li) |
| Filing 564 DECLARATION of Kenneth R. Puhala in Support of Proposed Order Providing That No Daily Fine Be Imposed. Document filed by ASIA Pulp & Paper Co., Ltd., PT Indah Kiat Pulp & Paper TBK, PT Pabrik Kertas Tjiwi Kimia TBK, PT Pindo Deli Pulp & Paper Mills. (Attachments: #1 Exhibit A)(Puhala, Kenneth) |
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Filing 563
ORDER: IT IS HEREBY ORDERED that the parties provide the court with a status report - - regarding a proposed schedule for discovery and a hearing regarding the answers and objections to the writs of garnishment to APPT and TST/Impreso, Inc. - - on or before November 2, 2009. (Signed by Judge Donald C. Pogue on 10/21/2009) (rw)
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| Filing 562 LETTER addressed to Counsel from Donald C. Pogue dated 10/20/09 re: After reviewing the parties' filings, the court has, pursuant to 28 USC 3205(c)(6)(2006), entered a default order as to Galaxy International Trading, Ltd. However, it appears to the court that it needs additional information from the parties prior to entry of judgment against Galaxy; The Court requests your comments on these matters and would like to schedule a conference with the parties in this regard for Friday, October 23, 2009, at 3:30pm, or, alternatively, for Monday, October 26, 2009, at 3:30pm. Please contact our case manager Casey Cheevers at (212) 264-1615 regarding your availability. (mro) |
| ***DELETED DOCUMENT. Deleted document number 558 LETTER. The document was incorrectly filed in this case. (Pursuant to chambers instructions - The corrected version of this letter was docketed as doc. #567)(ae) |
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Filing 561
DEFAULT ORDER AS TO GALAXY INTERNATIONAL TRADING, LTD.: Galaxy has defaulted on the Galaxy Writ by failing to file a timely answer and by failing to appear on or before 8/27/09, as ordered by the Court. Pursuant to 28 U.S.C. section 3205(c)(6), a judgment shall be entered against Galaxy in favor of Ex-Im for the value of all property in Galaxy's possession, custody or control at any time between 2/17/09 and the present in which judgment debtor Twiji Kimia had a substantial nonexempt interest, including, but not limited to, all payments that Galaxy made to, or for the benefit of, Twiji Kimia on or after 2/17/09. The amount of such judgment shall be fixed by the Court at a later date. (Signed by Judge Donald C. Pogue on 10/20/09) (ae)
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| ***DELETED DOCUMENT. Deleted document number #561 DEFAULT JUDGMENT. The document was incorrectly filed in this case. (ae) |
| Filing 560 Proposed Judgment on Writ of Garnishment as to Spicers. (ae) |
| Filing 559 Proposed Default Order as to Galaxy International Tranding, Inc. (ae) |
| Filing 557 ENDORSED LETTER addressed to Judge Donald C. Pogue from Benjamin P. Deutsch dated 10/8/2009 re: In connection with the video hearing scheduled before Your Honor on October 14, 2009 in Courtroom 6A at 500 Pearl Street, Defendants' counsel respectfully requests permission to bring cell devices and notebook computers into the courthouse. ENDORSEMENT: Granted. (Signed by Judge Donald C. Pogue on 10/9/2009) (rw) |
| Filing 556 DECLARATION of Robert William Yalen in Support re: #458 MOTION for Sanctions Against Judgment Debtors.. Document filed by Export-Import Bank of The United States. (Attachments: #1 Exhibit A -- 9-16-09 Letter, #2 Exhibit B - Djongianto Deposition Transcript, #3 Exhibit C - Indonesian Court Order, #4 Exhibit D - 10-8-2008 Submission)(Yalen, Robert) |
| Filing 555 MEMORANDUM OF LAW in Support re: #458 MOTION for Sanctions Against Judgment Debtors.. Document filed by Export-Import Bank of The United States. (Attachments: #1 Text of Proposed Order)(Yalen, Robert) |
| Filing 554 DECLARATION of Li Yu in Support re: #331 MOTION for Writ of Garnishment of Plaintiff Judgment-Creditor Ex-Im.. Document filed by Export-Import Bank of The United States. (Attachments: #1 Exhibit 1 -11 to Yu Declaration, dated October 9, 2009)(Yu, Li) |
| Filing 553 MEMORANDUM OF LAW in Support re: #331 MOTION for Writ of Garnishment of Plaintiff Judgment-Creditor Ex-Im. seeking a disposition order as to funds held by Spicers Paper, Inc.. Document filed by Export-Import Bank of The United States. (Yu, Li) |
| Filing 552 MEMORANDUM OF LAW in Support of a Proposed Order Providing That No Daily Fine Be Imposed. Document filed by ASIA Pulp & Paper Co., Ltd., PT Indah Kiat Pulp & Paper TBK, PT Pabrik Kertas Tjiwi Kimia TBK, PT Pindo Deli Pulp & Paper Mills. (Attachments: #1 Proposed Order)(Deutsch, Benjamin) |
| Filing 550 MOTION to Authorize Cell devices and notebook computers in the courthouse. Document filed by ASIA Pulp & Paper Co., Ltd., PT Indah Kiat Pulp & Paper TBK, PT Pabrik Kertas Tjiwi Kimia TBK, PT Pindo Deli Pulp & Paper Mills.(Deutsch, Benjamin) |
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Filing 551
ORDER REGARDING WRITS OF GARNISHMENT TO JAPAN PULP & PAPER (USA) CORPORATION: NOW, THEREFORE, IT IS AND ORDERED, pursuant to 28 U.S.C. 3205(c), as follows: The JPP Writs are terminated, without prejudice and without costs or fees to either party. (Signed by Judge Donald C. Pogue on 10/7/2009) (rw)
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| Filing 549 LETTER addressed to Judge Donald C. Pogue from Robert K. Yasui dated 10/6/09 re: Counsel requests that the Court grant Japan Pulp & Paper (USA) Corporation's ("JPP") motion to quash the writs of garnishemnt "with prejudice" and issue the Order as amended. Document filed by Japan Pulp & Paper (USA) Corporation, Japan Pulp and Paper (USA) Corporation.(ae) |
| Filing 548 ENDORSED LETTER addressed to Judge Donald C. Pogue from Robert William Yalen dated 10/6/09 re: Plaintiff requests that the hearing on its Objection to this Answer be deferred until the completion of post-judgment discovery of APPT and of garnishee TST/Impreso., Inc. who Ex-Im believes engaged in a relevant transaction with APPT. ENDORSEMENT: The parties are directed to consult and propose a schedule for discovery and a hearing. (Signed by Judge Donald C. Pogue on 10/6/09) (ae) |
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Filing 547
ENDORSED LETTER addressed to Judge Donald C. Pogue from Robert William Yalen dated 10/6/2009 re: EX-Im respectfully request that the Court defer the hearing until the completion of discovery which is necessary to illuminate the apparent factual disputes between EX-Im and APPT. ENDORSEMENT: The parties are directed to consult and propose a schedule for discovery and a hearing. So Ordered. (Signed by Judge Donald C. Pogue on 10/6/2009) (jfe)
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| Filing 546 OBJECTION to Answer to Writ re: #538 Answer to Writ of Garnishment. Document filed by Export-Import Bank of The United States. (Yalen, Robert) |
| Filing 545 RESPONSE to Motion re: #533 MOTION to Quash and Notice.. Document filed by Export-Import Bank of The United States. (Attachments: #1 Text of Proposed Order)(Yalen, Robert) Modified on 10/8/2009 (jar). Modified on 10/8/2009 (jar). |
| Filing 544 ENDORSED LETTER addressed to Judge Donald C. Pogue from Robert William Yalen dated 9/29/09 re: Counsel request an additional one week extension of time until 10/6/09 for the Government to file its opposition to Japan Pulp & Paper's motion to quash two writs of garnishment [dkt. no. 534]. ENDORSEMENT: Granted. Set Deadlines/Hearing as to #533 MOTION to Quash and Notice:( Responses due by 10/6/2009) (Signed by Judge Donald C. Pogue on 9/30/09) (tro) |
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Filing 543
STIPULATION AND ORDER REGARDING WRIT OF GARNISHMENT TO MAC PAPERS, INC, The Mac Papers Writ is terminated, without prejudice and without costs or fees to either party.....To the extent that counsel for Mac papers is not admitted to practice before this Court, counsel is hereby admitted pro hac vice for the purpose of this stipulation. (Signed by Judge Donald C. Pogue on 9/22/09) (cd)
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| Filing 542 ENDORSED LETTER addressed to Judge Donald C. Pogue from Li Yu dated 9/22/09 re: Request for a one-week extension of time to 9/29/09 fore Ex-Im to respond to motion to quash. ENDORSEMENT: Granted. Set Deadlines/Hearing as to #533 MOTION to Quash and Notice. ( Response due by 9/29/2009) (Signed by Judge Donald C. Pogue on 9/22/09) (cd) |
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Filing 541
ENDORSED LETTER addressed to Judge Donald C. Pogue from Kenneth Pehala dated 9/17/09 re: Request for an extension of two days to 10/9/09 re proposed orders and memoranda and confirming that the 10/14/09 hearing be conducted in Courtroom 6A. ENDORSEMENT: Granted. (Signed by Judge Donald C. Pogue on 9/21/09) (cd)
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| Filing 540 NOTICE of Settlement STIPULATION AND PROPOSED ORDER RE GARNISHEE MAC PAPERS. Document filed by Export-Import Bank of The United States. (Attachments: #1 Exhibit)(Yalen, Robert) |
| Filing 539 LETTER addressed to Judge Donald C. Pogue from Kenneth R. Puhala dated 9/16/09 re: In accordance with the Amended Scheduling Order Regarding Sanctions Hearing dated September 8, 2009, please be advised that the Judgment Debtors wish to proceed with a sanctions hearing; We understand that Courtroom 6A of the Daniel Patrick Moynihan Courthouse, which has the necessary videoconferencing capabilities, is available to us for the hearing and we are making the necessary arrangements through the Court's audio visual department. I do not anticipate any objection from plaintiff to moving the hearing to Courtroom 6A and, therefore, I hereby request that Your Honor hold the hearing in Courtroom 6A. Document filed by ASIA Pulp & Paper Co., Ltd., PT Indah Kiat Pulp & Paper TBK, PT Pabrik Kertas Tjiwi Kimia TBK, PT Pindo Deli Pulp & Paper Mills.(mro) Modified on 9/18/2009 (mro). |
| Filing 538 ANSWER to Writ of Garnishment. Document filed by Asia Pulp & Paper Trading (USA), Inc.. (Rand, William) |
| Filing 537 NOTICE OF APPEAL from #524 Order. Document filed by ASIA Pulp & Paper Co., Ltd., PT Indah Kiat Pulp & Paper TBK, PT Pabrik Kertas Tjiwi Kimia TBK, PT Pindo Deli Pulp & Paper Mills. Filing fee $ 455.00, receipt number E 699784. (nd) |
| Filing 536 MANDATE of USCA WITHDRAWING APPEAL (Certified Copy) as to #496 Notice of Appeal filed by Solaris Paper, Inc. USCA Case Number 09-3117-cv. It is hereby Stipulated and Ordered, that this appeal is pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure without costs or attorney's fees. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 9/11/09. (tp) |
| Transmission of USCA Mandate/Order to the District Judge re: #536 USCA Mandate Withdrawing Appeal. (tp) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #537 Notice of Appeal. (nd) |
| Transmission of Notice of Appeal to the District Judge re: #537 Notice of Appeal. (nd) |
| Filing 535 MEMORANDUM OF LAW in Support re: #533 MOTION to Quash and Notice.. Document filed by Japan Pulp & Paper (USA) Corporation. (Shenian, Datev) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Datev Shenian to RE-FILE Document #532 Memorandum of Law in Support of Motion. ERROR(S): A document cannot be linked to a filing error. Link Memorandum to document #533 Motion to Quash. (jar) |
| Filing 534 CERTIFICATE of Counsel by Datev Krikor Shenian on behalf of Japan Pulp & Paper (USA) Corporation. Re: #533 MOTION to Quash and Notice., #532 Memorandum of Law in Support of Motion. of Service (Shenian, Datev) |
| Filing 533 MOTION to Quash and Notice. Document filed by Japan Pulp & Paper (USA) Corporation. Return Date set for 9/30/2009 at 11:00 AM. (Attachments: #1 Text of Proposed Order Proposed Order re Motion to Quash)(Shenian, Datev) |
| Filing 532 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: #531 MOTION to Quash and Notice. re Writs of Garnishment by EX-IM. Document filed by Japan Pulp & Paper (USA) Corporation. (Shenian, Datev) Modified on 9/9/2009 (jar). |
| Filing 531 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Quash and Notice. Document filed by Japan Pulp & Paper (USA) Corporation. Return Date set for 9/30/2009 at 11:00 AM.(Shenian, Datev) Modified on 9/9/2009 (jar). |
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Filing 529
AMENDED SCHEDULING ORDER REGARDING SANCTIONS HEARING: The sanctions hearing referred to in paragraph I of the Order Regarding Sanctions Hearing is hereby scheduled for October 14,2009, at 10:00 am. in Courtroom 2, U.S. Court of International Trade, One Federal Plaza, New York, New York; further adjourning the filing and hearing dates set forth in the Order Regarding Sanctions Hearing as set forth in this Amended Scheduling Order. (Signed by Judge Donald C. Pogue on 9/8/09) (ae)
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Filing 528
ORDER TERMINATING WRIT OF GARNISHMENT TO NUSOURCE, INC.: NOW, THEREFORE, IT IS HEREBY ORDERED, pursuant to 28 U.S.C. 3205(c), as follows: 1. The NuSource, Writ is terminated, nunc pro tunc, as of the Termination Date. (Signed by Judge Donald C. Pogue on 9/1/2009) (rw)
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Filing 527
ORDER TERMINATING WRIT OF GARNISHMENT TO EVEREAST: NOW, THEREFORE, IT IS HEREBY ORDERED, pursuant to 28 U.S.C. 3205(c), as follows: 1. The Evereast Writ is terminated, nunc pro tunc, as of the Termination Date. (Signed by Judge Donald C. Pogue on 9/1/2009) (rw)
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Filing 526
ORDER TERMINATING WRIT OF GARNISHMENT TO BANGKIT: NOW, THEREFORE, IT IS HEREBY ORDERED, pursuant to 28 U.S.C. 3205(c), as follows: 1. The Bangkit Writ is terminated, nunc pro tunc, as of the Termination Date. (Signed by Judge Donald C. Pogue on 9/1/2009) (rw)
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| Filing 525 MOTION Entry of Proposed Orders Terminating Bangkit, Evereast, and NuSource Writs Pursuant to Stipulations Entered 7/1/09 re: #473 Stipulation and Order,, #472 Stipulation and Order,, #474 Stipulation and Order,,. Document filed by Export-Import Bank of The United States. (Attachments: #1 Exhibit A - Bangkit Proposed Order, #2 Exhibit B - Evereast Order, #3 Exhibit C - Nusource Order)(Yalen, Robert) Modified on 9/1/2009 (jar). Modified on 9/8/2009 (jar). |
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Filing 524
ORDER REGARDING 10% SURCHARGE: A surcharge of 10% of the amount of the debt at issue in this case is hereby added to the Judgment pursuant to 28 U.S.C. 3011. (Signed by Judge Donald C. Pogue on 8/25/2009) (jpo)
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Filing 523
CLARIFICATION ORDER: The order is hereby corrected to clarify that the denial of this motion to quash was without prejudice. (Signed by Judge Donald C. Pogue on 8/25/2009) (jpo)
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Filing 522
ORDER REGARDING SANCTIONS HEARING: A sanctions hearing is hereby scheduled for September 30, 2009, U.S. Court of International Trade, One Federal Plaza, New York, New York. At this hearing, the Judgment Debtors shall show cause why the monetary sanctions listed in the Amended Sanctions Order should not be imposed. The Judgment Debtors and Ex Im may submit oral or documentary evidence at this sanctions hearing, if they desire. (Signed by Judge Donald C. Pogue on 8/25/2009) (jpo)
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| Filing 521 RESPONSE re: (516 in 1:03-cv-08554-DCP-JCF) Status Report,. Document filed by Solaris Paper, Inc.. Filed In Associated Cases: 1:03-cv-08554-DCP-JCF, 1:08-cv-11118-DCP(Benowich, Leonard) |
| Filing 520 RESPONSE re: #516 Status Report, with proposed order. Document filed by ASIA Pulp & Paper Co., Ltd., PT Indah Kiat Pulp & Paper TBK, PT Pabrik Kertas Tjiwi Kimia TBK, PT Pindo Deli Pulp & Paper Mills. (Puhala, Kenneth) |
| Filing 519 CERTIFICATE OF SERVICE of Writ of Garnishment served on TST/Impreso, Inc. on 7/31/2009. Service was accepted by Tamara Lisby. Document filed by Export-Import Bank of The United States. (Fornos, Carolina) |
| Filing 518 CERTIFICATE OF SERVICE of Writ of Garnishment served on TST/Impreso, Inc. on 7/31/2009. Service was accepted by Amy Shultz. Document filed by Export-Import Bank of The United States. (Fornos, Carolina) |
| Filing 517 CERTIFICATE OF SERVICE of Writ of Garnishment served on Asia Pulp & Paper Trading (USA), Inc. on 7/31/2009. Service was accepted by Kelly DiSabatino. Document filed by Export-Import Bank of The United States. (Fornos, Carolina) |
| Filing 516 STATUS REPORT. with Proposed Orders Document filed by Export-Import Bank of The United States. (Attachments: #1 Exhibit A - Proposed Order - Sanctions, #2 Exhibit B - Proposed Order - Rule 37.2, #3 Exhibit C - Proposed Order - Execution Clarification, #4 Exhibit D - Proposed Order - Cellynne, #5 Exhibit E - Proposed Order - Surcharge)(Yalen, Robert) |
| Filing 515 MEMORANDUM OF LAW -- Memorandum of Spicers Paper, Inc. Concerning Discharge of Debts Pursuant to the Federal Debt Collection Procedures Act. Document filed by PsPrint LLC, Spicers Paper, Inc., Kelly Paper Company. (Connelly, Blair) |
| Filing 513 ANSWER to the writ of garnishment against TST/Impreso. . Document filed by TST/Impreso, Inc.(jmi) (ae). Modified on 8/13/2009 (ae). |
| Filing 512 TRANSCRIPT of proceedings held on 7/28/09 before Judge Donald C. Pogue. Court Reporter: Sally Reidy. (ae) |
| CLERK CERTIFICATE OF MAILING RECEIVED for Cover letter from the United State Attorneys Office for the SDNY to Galaxy International Trading Limited, dated 7/31/09; Order Compelling Galaxy International Trading, Ltd. To Appear and Answer the Writ Garnishment, dated 7/28/09; Amended Order for Sanctions, dated 7/28/09; Order Regarding Service on Galaxy International Trading, Ltd. Dated 6/29/09; Clerks Amended Certificate of Mailing, dated 6/4/09 mailed to Galaxy International Trading Limited on 8/3/2009 by FedEx # 8266 2146 5244 0402, RECEIVED ON: 8/7/2009. Which refers to Doc. entry # 504 (jno) |
| Filing 511 CERTIFICATE OF SERVICE of WRIT OF GARNISHMENT served on Asia Pulp & Paper Trading (USA), Inc. on 7/31/2009. Service was made by MAIL. Document filed by Export-Import Bank of The United States. (Fornos, Carolina) |
| Filing 510 CERTIFICATE OF SERVICE of Writ of Garnishment served on TST Impreso, Inc. on 7/31/2009. Service was made by MAIL. Document filed by Export-Import Bank of The United States. (Fornos, Carolina) |
| Filing 514 TRANSCRIPT of proceedings held on July 1, 2009 before Judge Donald C. Pogue. (mro) |
| Filing 509 Writ of Garnishment Issued Judgment # 08,0923 against TST/Impreso, Inc. on 7/28/09. (Signed by Judge Judge Donald C. Pogue on 7/28/09) (tro) |
| Filing 508 Writ of Garnishment Issued Judgment # 08,0923 against Asia Pulp & Paper Trading (USA), Inc. on 7/28/09. (Signed by Judge Judge Donald C. Pogue on 7/28/09) (tro) |
| Filing 507 EX PARTE APPLICATION FOR WRIT OF GARNISHMENT entered as to ASIA Pulp & Paper Co., Ltd., TST/Impreso, Inc. # 08,0923 in the amount of $ 125,145,501.33, plus $1,672,000.00 in costs, expenses and attorneys' fees, calculated as of 5/22/08, for a total of $126,817,501.33, plus post-judgment interest as provided by 28 U.S.C. 1961, calculated at the rate of 2,09% per annum and compounded annually. The balance due on the debt as of 7/15/09 is $132,612,681.92. In addition, pursuant to the FDCPA, Ex-Im requests that the Court include in the relief the statutory 10 percent surcharge, pursuant to 28 U.S.C. 3011, to cover Ex-Im's costs of enforcement of its claims for Asia Pulp & Paper Co., Ltd.'s debt. That surcharge totals $13,261,268.19 as of 7/15/09. The balance due on the debt as of 7/15/09, including the 10 percent surcharge, is $145,873,950.11. Added Garnishee: TST/Impreso, Inc. Document filed by Export-Import Bank of The United States. (tro) |
| Filing 506 EX PARTE APPLICATION FOR WRIT OF GARNISHMENT entered as to ASIA Pulp & Paper Co., Ltd. # 08,0923 in the amount of $ 125,145,501.33, plus $1,672,000.00 in costs, expenses and attorneys' fees, calculated as of 5/22/08, for a total of $126,817,501.33, plus post-judgment interest as provided by 28 U.S.C. 1961, calculated at the rate of 2.09 % per annum and compounded annually. The balance due on debt as of 7/15/09 is $132,612,681.92. In addition, pursuant to FDCPA, Ex-Im requests that the Court include in the relief that statutory 10 percent surcharge, pursuant to 28 U.S.C. 3011, to cover Ex-Im's costs of enforcement of its claim for Asia Pulp & Paper Co., Ltd's debt. That surcharge totals $13,261.268.19 as of 7/15/09. The balance due on the debt as of 7/15/09, including the 10 percent surcharge, is $145,873,950.11. Added Garnishee: Asia Pulp & Paper Trading (USA), Inc. Document filed by Export-Import Bank of The United States. (tro) |
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Filing 505
ORDER denying #488 Motion for Reconsideration. IT IS HEREBY ORDERED that the Garnishee PAK 2000 Inc.'s Motion for Reconsideration is Denied. (Signed by Judge Donald C. Pogue on 8/4/2009) (rw)
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| Filing 504 CLERK CERTIFICATE OF MAILING of Cover letter from the United State Attorneys Office for the SDNY to Galaxy International Trading Limited, dated 7/31/09; Order Compelling Galaxy International Trading, Ltd. To Appear and Answer the Writ Garnishment, dated 7/28/09; Amended Order for Sanctions, dated 7/28/09; Order Regarding Service on Galaxy International Trading, Ltd. Dated 6/29/09; Clerks Amended Certificate of Mailing, dated 6/4/09 mailed to Galaxy International Trading Limited at the following address: Galaxy International Trading Limited Level 2 Lot 19, Lazenda Commercial Centre Phase 3, Labuan, F.T. Labuan, Malaysia 87007 on 8/3/2009 by Fed Ex # 8266 2146 5244 0402. (jn) |
| Filing 503 REPLY to Response to Motion re: #488 MOTION for Reconsideration re; #482 Order on Motion to Quash.. Document filed by PAK 2000, Inc.. (Chapman, William) |
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Filing 502
AMENDED ORDER FOR SANCTIONS: IT IS HEREBY ORDERED THAT: 1. Judgment Debtors shall be precluded from submitting evidence or from disputing or otherwise denying facts regarding the business relationship between Judgment Debtors and Bonwell, Galaxy, and Kensington, and the agency and/or alter ego status of Bonwell, Galaxy, and Kensington shall be deemed to have been established. 2. Judgment Debtors shall comply with the Court's May 8, 2009 Order compelling discovery no later than July 31, 2009. 3. Failure by Judgment Debtors to provide all the discovery set forth in the Court's May 8, 2009 Order to Ex'Im by July 31, 2009, shall be deemed a violation thereof, and a violation of this order, and shall result in the imposition of a daily fine for non-compliance with the Court's orders, unless Judgment Debtors can demonstrate good cause as to why such a fine is not warranted. Said daily fine shall be in the amount of $1,000 per day if, on or after August 1, 2009, Judgment Debtors continue their stance of complete non-compliance with the Court's May 8, 2009. Thereafter, the daily fine shall double for each week of complete non-compliance, and shall continue to double for each such week, provided that it shall not exceed the amount of $50,000 per day, i.e., on and after September 19, 2009, the daily fine for complete non-compliance shall be $50,000 per day, unless otherwise ordered by the court, which may increase or decrease the fine as appropriate. For any day of partial non-compliance, the court will determine the amount of any fine, based on a consideration of the extent and nature of Judgment Debtors' good faith effort to comply with the May 8 Order and with this order. 4. Judgment Debtors shall pay Ex-1m's costs and attorney's fees relating to its motion to compel and for its motion for sanctions. Ex'Im shall submit a statement of costs and attorney's fees. 5. Nothing herein shall preclude Ex-Im from seeking additional relief in the form of sanctions, including but not limited to, those set forth in Rule 37, as well as seeking that further adverse inferences be drawn against Judgment Debtors. (Signed by Judge Donald C. Pogue on 7/28/2009) (jfe)
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Filing 501
ORDER COMPELLING BONWELL PAPER TRADING LIMITED TO APPEAR AND ANSWER THE WRIT OF GARNISHMENT: It is hereby ordered that 1. Ex-Im has effected service of the Bonwell Writ on Bonwell in accordance with the Hague Convention by sending a request to an appropriate authority for service from abroad in the Hong Kong S.A.R., the Chief Secretary, and by obtaining from the Chief Secretary the Bonwell Affidavit of Service, which sets forth the "how, where and when" of service on Bonwell and demonstrates that service was made in compliance with Hong Kong law. 2. For the reasons set forth in the Court's Memorandum and Order dated April 17, 2009, Bonwell has been properly served with the Bonwell Writ under Federal Rule of Civil Procedure 4(f)(1). 3. For the avoidance of doubt, Lam Hong-kei, a Bailiffs Assistant of the High Court of Hong Kong, is appointed as a special process server pursuant to Rule 4.1 on Bonwell, nunc pro tunc. 4. In light of Bonwell's regular and substantial transactions with entities based in the United States, including its issuance of invoices to Solaris and the receipt of more than $14 million in direct payments from Solaris, the Court has specific personal jurisdiction over Bonwell pursuant to Federal Rule of Civil Procedure 4(k)(1)(c) to enforce the Bonwell Writ insofar as it relates to the Judgment Debtors' sales of paper products made to U.S.-based entities that involve Bonwell. 5. Ex-Im's motion to compel Bonwell to appear and answer the Bonwell Writ [Dkt. No. 358] is granted; and Judgment Debtors' motion to quash the Bonwell Writ [Dkt. No. 329] is denied. 6. Pursuant to Federal Rules of Civil Procedure 5(a)(2) and 4(f)(1), Ex-Im shall provide a copy of this Order to the Chief Secretary for service upon Bonwell. 7. Pursuant to 28 U.S.C. 3205(c)(6), Bonwell is ordered to appear before this Court to answer the Bonwell Writ within 20 days of the service of this order pursuant to paragraph 6 above. (Signed by Judge Donald C. Pogue on 7/28/2009) (jfe)
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Filing 500
ORDER COMPELLING KENSINGTON INTERNATIONAL LIMITED TO APPEAR AND ANSWER THE WRIT OF GARNISHMENT: IT IS HEREBY ORDERED THAT: 1. Ex-Im has effected service of the Kensington Writ on Kensington in accordance with the Hague Convention by sending a request to an appropriate authority for service from abroad in the Hong Kong S.A.R., the Chief Secretary, and by obtaining from the Chief Secretary the Kensington Affirmation of Service, which sets forth the "how, where and when" of service on Kensington and demonstrates that service was made in compliance with Hong Kong law. 2. For the reasons set forth in the Court's Memorandum and Order dated April 17, 2009, Kensington has been properly served with the Kensington Writ under Federal Rule of Civil Procedure 4(f)(1). 3. For the avoidance of doubt, Ching Pak-min, a Bailiff's Assistant for the High Court of Hong Kong, is appointed as a special process server pursuant to Rule 4.1 on Kensington, nunc pro tunc. 4. In light of Kensington's regular and substantial transactions with entities based in the United States, including its issuance of invoices to Unisource and the receipt of direct payments from Unisource, the Court has specific personal jurisdiction over Kensington pursuant to Federal Rule of Civil Procedure 4(k)(1)(c) to enforce the Kensington Writ insofar as it relates to the Judgment Debtors' sales of paper products made to U.S.-based entities that involve Kensington. 5. Ex-Im's motion to compel Kensington to appear and answer the Kensington Writ [Dkt. No. 358] is granted; and Judgment Debtors' motion to quash the Kensington Writ [Dkt. No. 329] is denied. 6. Pursuant to Federal Rules of Civil Procedure 5(a)(2) and 4(f)(1), Ex-Im shall provide a copy of this Order to Chief Secretary for service upon Kensington. 7. Pursuant to 28 U.S.C. 3205(c)(6), Kensington is ordered to appear before this Court to answer the Kensington Writ within 20 days of the service of this order pursuant to paragraph 6 above. (Signed by Judge Donald C. Pogue on 7/28/2009) (jfe)
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Filing 499
ORDER COMPELLING GALAXY INTERNATIONAL TRADING, LTD. TO APPEAR AND ANSWER THE WRIT OF GARNISHMENT: IT IS HEREBY ORDERED THAT: 1. For the reasons set forth in the Court's Memorandum and Order dated April 17, 2009, the Clerk's mailing of the Galaxy Writ, along with the application for that Writ and the Clerk's Notice establishes that Galaxy has been properly served pursuant to Federal Rule of Civil Procedure 4(f)(2)(c)(ii). 2. For the avoidance of doubt, the Clerk of the United States District Court for the Southern District of New York is appointed as a special process server pursuant to Rule 4.1 on Galaxy, nunc pro tunc. 3. In light of Galaxy's regular and frequent transactions with entities based in the United States, including Spicers and Cellmark, the Court has specific personal jurisdiction over Galaxy pursuant to Federal Rule of Civil Procedure 4(k)(1)(c) to enforce the Galaxy Writ insofar as it relates to the Judgment Debtors' sales of paper products to U.S.-based entities that involve Galaxy. 4. Ex-Im's motion to compel Galaxy to appear and answer the Galaxy Writ [Dkt. No. 358] is granted; and Judgment Debtors' motion to quash the Galaxy Writ [Dkl. No. 329] is denied. 5. Pursuant to Federal Rules of Civil Procedure 5(a)(2) and 4(f)(2)(c)(ii), Ex-Im shall provide a copy of this Order to the Clerk for mailing to Galaxy via Federal Express. 6. Pursuant to 28 U.S.C. 3205(c)(6), Galaxy is ordered to appear before this Court to answer the Galaxy Writ within 20 days of the service of this order pursuant to paragraph 5 above. (Signed by Judge Donald C. Pogue on 7/28/2009) (jfe)
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| Filing 498 PRE-CONFERENCE STATEMENT(LETTER). Document filed by ASIA Pulp & Paper Co., Ltd., PT Indah Kiat Pulp & Paper TBK, PT Pabrik Kertas Tjiwi Kimia TBK, PT Pindo Deli Pulp & Paper Mills.(Puhala, Kenneth) |
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Filing 497
ORDER FOR SANCTIONS: IT IS HEREBY ORDERED THAT Judgment Debtors shall be precluded from submitting evidence or from disputing or otherwise denying facts regarding the business relationship between Judgment Debtors and Bonwell, Galaxy, and Kensington, and the agency and/or alter ego status of Bonwell, Galaxy, and Kensington shall be deemed to have been established. Judgment Debtors shall comply with the Court's May 8, 2009 Order compelling discovery no later than July 31, 2009. Failure by Judgment Debtors to provide all the discovery set forth in the Court's May 8, 2009 Order to Ex-Im by July 31, 2009, shall be deemed a violation thereof, and a violation of this order, and shall result in the imposition of a daily fine for non-compliance with the Court's orders, unless Judgment Debtors can demonstrate good cause as to why such a fine is not warranted. Said daily fine shall be in the amount of $1,000 per day if, on or after August 1, 2009, Judgment Debtors continue their stance of complete non-compliance with the Court's May 8, 2009. Thereafter, the daily fine shall double for each week of complete non-compliance, and shall continue to double for each such week, provided that it shall not exceed the amount of $50,000 per day, i.e., on and after September 5, 2009, the daily fine for complete non-compliance shall be $50,000 per day, unless otherwise ordered by the court, which may increase or decrease the fine as appropriate. For any day of partial non-compliance, the court will determine the amount of any fine, based on a consideration of the extent and nature of Judgment Debtors' good faith effort to comply with the May 8 Order and with this order. Judgment Debtors shall pay Ex-Im's costs and attorney's fees relating to its motion to compel and for its motion for sanctions. Ex-Im shall submit a statement of costs and attorney's fees. Nothing herein shall preclude Ex-Im from seeking additional relief in the form of sanctions, including but not limited to, those set forth in Rule 37, as well as seeking that further adverse inferences be drawn against Judgment Debtors. (Signed by Judge Donald C. Pogue on 7/21/2009) (jfe) Modified on 7/22/2009 (ae).
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| Transmission of Notice of Appeal to the District Judge re: #496 Notice of Appeal. (tp) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #496 Notice of Appeal. (tp) |
| Filing 495 RESPONSE re: #484 Response, #486 Response to Motion, #481 Memorandum of Law in Opposition to Motion. Document filed by Export-Import Bank of The United States. (Fornos, Carolina) |
| Filing 494 DECLARATION of Nicholas Huntsworth in Support re: #331 MOTION for Writ of Garnishment of Plaintiff Judgment-Creditor Ex-Im.. Document filed by Export-Import Bank of The United States. (Attachments: #1 Exhibit 1 to Huntsworth Declaration, #2 Exhibit 2 to Huntsworth Declaration, #3 Exhibit 3 to Huntsworth Declaration, #4 Exhibit 4 to Huntsworth Declaration)(Yu, Li) |
| Filing 493 DECLARATION of Li Yu in Support re: #331 MOTION for Writ of Garnishment of Plaintiff Judgment-Creditor Ex-Im.. Document filed by Export-Import Bank of The United States. (Attachments: #1 Exhibit 1-8 to Declaration of Li Yu dated July 20, 2009)(Yu, Li) |
| Filing 492 BRIEF re: #358 Brief, in Further Support of Ex-Im's Petition for Orders Compelling Bonwell, Galaxy and Kensington to Appear and Answer the Writs of Garnishment. Document filed by Export-Import Bank of The United States. (Attachments: #1 Supplement A, Proposed Order re. Bonwell, #2 Supplement B, Proposed Order re. Galaxy, #3 Supplement C, Proposed Order re. Kensington)(Yu, Li) |
| Filing 496 NOTICE OF APPEAL from #483 Order. Document filed by Solaris Paper, Inc. Filing fee $ 455.00, receipt number E 692144. (tp) |
| Filing 491 REPLY AFFIDAVIT of Carolina A. Fornos in Support re: #458 MOTION for Sanctions Against Judgment Debtors.. Document filed by Export-Import Bank of The United States. (Fornos, Carolina) |
| Filing 490 REPLY MEMORANDUM OF LAW in Support re: #458 MOTION for Sanctions Against Judgment Debtors.. Document filed by Export-Import Bank of The United States. (Fornos, Carolina) |
| Filing 489 AFFIDAVIT of Mark Brown in Support re: #488 MOTION for Reconsideration re; #482 Order on Motion to Quash.. Document filed by PAK 2000, Inc.. (Attachments: #1 Exhibit Exhibit A to Second Affidavit of Mark Brown, #2 Exhibit Exhibit B to Second Affidavit of Mark Brown, #3 Exhibit Exhibit C to Second Affidavit of Mark Brown)(Chapman, William) |
| Filing 488 MOTION for Reconsideration re; #482 Order on Motion to Quash. Document filed by PAK 2000, Inc..(Chapman, William) |
| Filing 487 RESPONSE to court inquiry at 7/1/09 hearing. Document filed by PAK 2000, Inc.. (Chapman, William) |
| Filing 486 RESPONSE to Motion re: #458 MOTION for Sanctions Against Judgment Debtors.. Document filed by PAK 2000, Inc.. (Chapman, William) |
| Filing 485 NOTICE OF APPEARANCE by Blair G. Connelly on behalf of PsPrint LLC, Spicers Paper, Inc., Kelly Paper Company (Connelly, Blair) |
| Filing 484 SUPPLEMENTAL RESPONSE re: #220 Objection (non-motion), #219 Objection (non-motion), #221 Objection (non-motion) -- Supplemental Opposition to Ex-Im's Objection to Answers by Spicers Paper, Inc., Kelly Paper Company, and PsPrint LLC. Document filed by PsPrint LLC, Spicers Paper, Inc., Kelly Paper Company. (Connelly, Blair) |
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Filing 483
ORDER: It is hereby Ordered that the Motion to Quash filed by Garnishee Solaris Paper, Inc., is hereby Denied. (Signed by Judge Donald C. Pogue on 7/9/2009) (jfe)
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Filing 482
ORDER: It is hereby Ordered that the Motion to Quash filed by Garnishee Pak 2000, Inx., is hereby Denied. (Signed by Judge Donald C. Pogue on 7/9/2009) (jfe)
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| Filing 481 MEMORANDUM OF LAW in Opposition re: #458 MOTION for Sanctions Against Judgment Debtors.. Document filed by Solaris Paper, Inc.. (Benowich, Leonard) |
| Filing 480 DECLARATION of Kenneth R. Puhala in Opposition re: #458 MOTION for Sanctions Against Judgment Debtors.. Document filed by ASIA Pulp & Paper Co., Ltd., PT Indah Kiat Pulp & Paper TBK, PT Pabrik Kertas Tjiwi Kimia TBK, PT Pindo Deli Pulp & Paper Mills. (Puhala, Kenneth) |
| Filing 479 DECLARATION of Otto Hasibuan in Opposition re: #458 MOTION for Sanctions Against Judgment Debtors.. Document filed by ASIA Pulp & Paper Co., Ltd., PT Indah Kiat Pulp & Paper TBK, PT Pabrik Kertas Tjiwi Kimia TBK, PT Pindo Deli Pulp & Paper Mills. (Puhala, Kenneth) |
| Filing 478 DECLARATION of Ferry Siswojo Djongianto in Opposition re: #458 MOTION for Sanctions Against Judgment Debtors.. Document filed by ASIA Pulp & Paper Co., Ltd., PT Indah Kiat Pulp & Paper TBK, PT Pabrik Kertas Tjiwi Kimia TBK, PT Pindo Deli Pulp & Paper Mills. (Puhala, Kenneth) |
| Filing 477 MEMORANDUM OF LAW in Opposition re: #458 MOTION for Sanctions Against Judgment Debtors.. Document filed by ASIA Pulp & Paper Co., Ltd., PT Indah Kiat Pulp & Paper TBK, PT Pabrik Kertas Tjiwi Kimia TBK, PT Pindo Deli Pulp & Paper Mills. (Puhala, Kenneth) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Kenneth Puhala to RE-FILE Document #476 Memorandum of Law in Opposition to Motion. ERROR(S): Each document must be filed individually. Use the event type Declaration in Opposition found under event list Replies, Oppositions, Supporting Documents. (jar) |
| Filing 476 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: #458 MOTION for Sanctions Against Judgment Debtors.. Document filed by ASIA Pulp & Paper Co., Ltd., PT Indah Kiat Pulp & Paper TBK, PT Pabrik Kertas Tjiwi Kimia TBK, PT Pindo Deli Pulp & Paper Mills. (Attachments: #1 Declaration of Ferry Siswojo Djongianto, #2 Declaration of Otto Hasibuan, #3 Declaration of Kenneth R. Puhala)(Puhala, Kenneth) Modified on 7/9/2009 (jar). |
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Filing 475
ORDER QUASHING THE WRIT: The Writ of Garnishment served on Cellmark is hereby quashed as exhausted. (Signed by Judge Donald C. Pogue on 7/1/2009) (jar)
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Filing 474
STIPULATION AND ORDER REGARDING WRIT OF GARNISHMENT TO EVEREAST ENTERPRISE, INC.: Within 10 days of the entry of this Stipulation and Order, Ex-Im shall seek an order terminating the Evereast Writ. Evereast shall give notice to Ex-Im of any payment that Evereast anticipates making to any of the Judgment Debtors or to any of the Pass-Through Intermediaries - a list of which is enclosed at Attachment A - for purchase of the Judgment Debtors' products. Such notice shall be made, by letter and electronic mail to counsel for Ex-1m, no later than 30 days prior to the date of each of the anticipated payments. (Signed by Judge Donald C. Pogue on 7/1/2009) (jar)
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Filing 473
STIPULATION AND ORDER REGARDING WRIT OF GARNISHMENT TO BANGKIT (U.S.A), INC.: Within 10 days of the entry of this Stipulation and Order, Ex-Im shall seek an order terminating the Bangkit Writ. Bangkit shall give notice to Ex-Im of any payment that Bangkit anticipates making to any of the Judgment Debtors or to any of the Pass-Through Intermediaries - a list of which is enclosed at Attachment A - for purchase of the Judgment Debtors' products. Such notice shall be made, by letter and electronic mail to counsel for Ex-1m, no later than 30 days prior to the date of each of the anticipated payments. (Signed by Judge Donald C. Pogue on 7/1/2009) (jar)
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Filing 472
STIPULATION AND ORDER REGARDING WRIT OF GARNISHMENT TO NUSOURCE, INC.: Within 10 days of the entry of this Stipulation and Order, Ex-Im shall seek an order terminating the NuSource Writ. NuSource shall give notice to Ex-Im of any payment that NuSource anticipates making to any of the Judgment Debtors or to any of the Pass-Through Intermediaries - a list of which is enclosed at Attachment A - for purchase of the Judgment Debtors' products. Such notice shall be made, by letter and electronic mail to counsel for Ex-1m, no later than 30 days prior to the date of each of the anticipated payments. (Signed by Judge Donald C. Pogue on 7/1/2009) (jar)
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| Filing 471 RESPONSE to Exhibit Q of the Declaration of Robert Yalen re: #332 Declaration in Support of Motion. (jar) |
| Filing 470 SUBSTITUTION OF COUNSEL: Benowich Law, LLP shall be substituted as attorneys of record for Non-Party Solaris Papers, Inc. in this action in place and stead of Lowenstein Sandler, PC. Attorney Leonard Alan Benowich for Solaris Paper, Inc. added. Attorney Miguel A. Pozo; Sarah Elizabeth Light and Alan S. Modlinger terminated. (Signed by Judge Donald C. Pogue on 6/30/09) (tro) |
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Filing 469
ORDER: IT IS HEREBY ORDERED that, in addition to the documents already electronically filed with the clerk of the Southern District, all letters to the court and to counsel are to be electronically filed with the clerk of the Southern District. IT IS FURTHER ORDERED that courtesy-copies of all documents filed shall simultaneously be electronically mailed to the court. Only courtesy copies of confidential documents and documents containing exhibits and appendices shall be sent to the court via Federal Express, regular mail or hand delivery. (Signed by Judge Donald C. Pogue on 6/30/09) (tro)
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| Filing 468 ENDORSED LETTER addressed to Judge Donald C. Pogue from Li Yu dated 6/24/09 re: Counsel for Plaintiff-Judgment creditor Export-Import Bank of the United States write to respectfully seek leave of the Court to move to compel garnishee Solaris, Inc. to respond to Ex-Im's discovery requests or, in the alternative, that Ex-Im be permitted to address this discovery matter at July 1 conference. ENDORSEMENT: granted. (Signed by Judge Donald C. Pogue on 6/30/09) (tro) |
| CLERK CERTIFICATE OF MAILING RECEIVED for Cover letter, Writ of Garnishment, Notice of Garnishment and Instructions to Garnishee, Clerk's Notice of Post-Judgment Garnishment, Form of Answer of Garnishee, Application for Writ of Garnishment, Cover letter, Writ of Garnishment (eighteen), Notice of Garnishment and Instructions to Garnishee (Eighteen), Clerk's Notice of Post-Judgment Garnishment (Eighteen), Applications For Writ of Garnishment (eighteen), Answers of Garnishee, to the extent that such have been served (sixteen) and Notices of Garnishment and Instructions to Defendant (eighteen) mailed to Bonwell Paper Trading Limited on 2/13/2009 by FedEx # 8509 6457 6033, RECEIVED ON: 2/16/2009. Which refers to docket entry #449. (jn) |
| CLERK CERTIFICATE OF MAILING RECEIVED for Cover letter, Writ of Garnishment, Notice of Garnishment and Instructions to Garnishee, Clerk's Notice of Post-Judgment Garnishment, Form of Answer of Garnishee, Application for Writ of Garnishment, Cover letter, Writ of Garnishment (eighteen), Notice of Garnishment and Instructions to Garnishee (Eighteen), Clerk's Notice of Post-Judgment Garnishment (Eighteen), Applications For Writ of Garnishment (eighteen), Answers of Garnishee, to the extent that such have been served (sixteen) and Notices of Garnishment and Instructions to Defendant (eighteen) mailed to Galaxy International Trading Limited on 2/13/2009 by FedEx # 8509 6457 5997, RECEIVED ON: 2/17/2009. Which refers to docket entry #450. (jn) |
| Filing 467 LETTER addressed to Judge Donald C. Poque from Li Yu dated 6/24/09 re: counsel for plaintiff-judgment creditor Export-Import Bank of the United States respectfully seeks leave to the Court to move to compel garnishee Solaris, Inc. to expand the Ex-Im's discovery request or, in the alternative, that Ex-Im be permitted to address this discovery matter at the July 1st conferenece. Document filed by Export-Import Bank of The United States. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(sac) |
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Filing 466
ORDER REGARDING SERVICE ON GALAXY INTERNATIONAL TRADING, LTD.: Ex-Im may, by 7/20/09, serve and file papers with regard to the court's personal jurisdiction over Galaxy. Pursuant to F.R.C.P. 5(a)(2) and 4(0(2)(c)(ii), Ex Im shall provide a copy of this Order to the Clerk for mailing to Galaxy via Federal Express. (Signed by Judge Donald C. Pogue on 6/29/09) (tro)
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| Filing 465 LETTER addressed to Judge Donald C. Pogue from Eliot B. Gersten dated 6/25/09 re: Counsel for Garnishee Cellmark Papers, Inc. suggest it is now timely that the Court consider its requests to enter orders overruling plaintiff's objection (Doc. No. 225) or granting the Motions to Quash (Doc. Nos. 411, 412 and 435), thereby relieving Cellmark from further involvement in this litigation. Document filed by Cellmark Paper, Inc.(tro) |
| Transmission to Docket Assistant Clerk. Transmitted re: #466 Order, to the Docket Assistant Clerk for case processing. (tro) |
| Filing 464 NOTICE OF APPEARANCE by Leonard Alan Benowich on behalf of Solaris Paper, Inc. (Benowich, Leonard) |
| Filing 463 DECLARATION of Li Yu in Opposition re: #438 MOTION to Quash.. Document filed by Export-Import Bank of The United States. (Attachments: #1 Exhibit 1 to Yu Declaration, #2 Exhibit 2 to Yu Declaration, #3 Exhibit 3 to Yu Declaration, #4 Exhibit 4 to Yu Declaration, #5 Exhibit 5 to Yu Declaration, #6 Exhibit 6 to Yu Declaration, #7 Exhibit 7 to Yu Declaration, #8 Exhibit 8 to Yu Declaration)(Yu, Li) |
| Filing 462 MEMORANDUM OF LAW in Opposition re: #438 MOTION to Quash.. Document filed by Export-Import Bank of The United States. (Yu, Li) |
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Filing 461
ORDER granting (26) Motion to Consolidate Cases 03-8554 (as Lead Case) with 08-11118 in case 1:08-cv-11118-DCP. This action for Interpleader shall be consolidated with the related case, Export-Import Bank of the United States v. Asia Pulp & Paper Co., Ltd.. et. ai, Case no. 03-Civ 8554 (DCP)(JCF). SO ORDERED. (Signed by Judge Donald C. Pogue on 6/23/2009) Filed In Associated Cases: 1:03-cv-08554-DCP-JCF, 1:08-cv-11118-DCP(jmi) Modified on 6/24/2009 (jmi).
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| Filing 460 LETTER Addressed to Judge Donald C. Pogue from Ana T. Barnett dated 6/22/2009 re: As you know, we represent Plaintiffs Cellynne Corporation and Cellynne Holdings, Inc. in the above-referenced case. We filed and served Plaintiffs' Motion for Consolidation on May 29, 2009 to consolidate this Interpleader action with Export-Import Bank a/the United Srares v. Asia Pulp & Paper Co., Ltd, el. al., 03-CIV-8554 (the "Ex-Im action"). On June 2, 2009, we received a copy of a letter from Kermeth R. Puhala, Esq. of Schnader Harrison, LLP, who represents defendants Asia Pulp & Paper Co., Ltd ("APP") and PT Pindo Deli Pulp and Paper Mil1s ("PT Pindo") in the Ex-Im action, in which Mr. Puhala voices his clients' objections to the proposed consolidation. The letter was filed on the docket on June 16, 2009. Document filed by Export-Import Bank of The United States.(jmi) |
| Filing 459 MEMORANDUM OF LAW in Support re: #458 MOTION for Sanctions Against Judgment Debtors.. Document filed by Export-Import Bank of The United States. (Attachments: #1 Text of Proposed Order)(Fornos, Carolina) |
| Filing 458 MOTION for Sanctions Against Judgment Debtors. Document filed by Export-Import Bank of The United States. Return Date set for 7/8/2009 at 11:59 PM.(Fornos, Carolina) |
| Filing 457 RESPONSE in Support re: #411 MOTION to Quash Under the Federal Debt Collection Procedures Act.. Document filed by Cellmark Paper, Inc.. (Gersten, Eliot) |
| Filing 456 LETTER addressed to Judge Donald C. Pogue from Li Yu dated 6/12/2009 re: This Office represents plaintiff Export-Import Bank of the United States ("Ex-Im") in the above-referenced matter. We write respectfully to enclose amended certificates of mailing filed by the Clerk of Court for the United States District Court for the Southern District of New York (the "Clerk"), docketed under numbers 449, 450 and 451. These filings set forth the numerous documents that the Clerk served on February 13, 2009 on garnishees Bonwell Paper Trading Ltd. ("Bonwell"), Galaxy International Trading Ltd. ("Galaxy"), and Kensington International Ltd. ("Kensington," collectively with Bonwell and Galaxy, the "Intermediaries"). Document filed by Export-Import Bank of The United States.(jmi) |
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Filing 455
ENDORSED LETTER addressed to Judge Daniel C. Pogue from Carolina Fornos dated 6/10/09 re: counsel for the government requests the following schedule: government's moving papers 6/17/09, opposition brief 7/8/09, reply brief 7/16/09. ENDORSEMENT: So Ordered. (Signed by Judge Donald C. Pogue on 6/10/09) (dle) Modified on 6/18/2009 (dle).
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| Filing 454 ENDORSED LETTER addressed to Judge Donald C. Pogue from Kenneth Puhala dated 5/28/09 re: counsel for defendants request that Your Honor confirm that the stay granted stays only the release of the EFT's that were restrained at the intermediary banks as of 4/17/09 and did not stay the removal of the restraints as to EFT's passing through the intermediary banks after that date. ENDORSEMENT: Request denied without prejudice. (Signed by Judge Donald C. Pogue on 6/10/09) (dle) |
| Filing 453 LETTER addressed to Judge Donald C. Pogue from Kenneth R. Puhala dated 6/4/2009 re: We are writing to respond briefly to Plaintiffs letter of today regarding the scope of the stay pending Plaintiffs appeal of the EFT decision. (tve) |
| Filing 452 LETTER addressed to Judge Donald C. Pogue from Li Yu dated 6/4/2009 re: This Office represents plaintiff-judgment creditor Export-Import Bank of the United States (,'Ex-1m") in the above-referenced civil action. We write respectfully to respond to Judgment Debtors' May 28, 2009 letter (the "May 28 EFT Letter") concerning the application of the Court's May 12, 2009 Order (the "Stay Order") to electronic fund transfers ("EFTs") that have continued to pass through garnishees Bank of New York Mellon ("BONY") and Deutsche Bank ("DB"). Document filed by Export-Import Bank of The United States.(tve) (Additional attachment(s) added on 6/8/2009: #1 Letter from Mr. Yu) (ae). |
| Filing 451 AMENDED CLERK CERTIFICATE OF MAILING of Cover letter, Writ of Garnishment, Notice of Garnishment and Instructions to Garnishee, Clerk's Notice of Post-Judgment Garnishment, Form of Answer of Garnishee, Application for Writ of Garnishment, Cover letter, Writ of Garnishment (eighteen), Notice of Garnishment and Instructions to Garnishee (Eighteen), Clerk's Notice of Post-Judgment Garnishment (Eighteen), Applications For Writ of Garnishment (eighteen), Answers of Garnishee, to the extent that such have been served (sixteen) and Notices of Garnishment and Instructions to Defendant (eighteen) mailed to Kensington International Limited at the following address: Kensington International Limited Unit C, 6th Floor, China Insurance Bldg, 48 Cameron Road, Tsim Sha Tsui, Kowloon, Hong Kong on 2/13/2009 by FedEx # 8509 6457 6055. (jn) |
| Filing 450 AMENDED CLERK CERTIFICATE OF MAILING of Cover letter, Writ of Garnishment, Notice of Garnishment and Instructions to Garnishee, Clerk's Notice of Post-Judgment Garnishment, Form of Answer of Garnishee, Application for Writ of Garnishment, Cover letter, Writ of Garnishment (eighteen), Notice of Garnishment and Instructions to Garnishee (Eighteen), Clerk's Notice of Post-Judgment Garnishment (Eighteen), Applications For Writ of Garnishment (eighteen), Answers of Garnishee, to the extent that such have been served (sixteen) and Notices of Garnishment and Instructions to Defendant (eighteen) mailed to Galaxy International Trading Limited at the following address: Galaxy International Trading Limited Level 2, Lot 19, Lazenda Commercial Centre Phase 3, 87007 Labuan, F.T. Labuan, Malaysia, on 2/13/2009 by FEDEX # 8509 6457 5997. (jn) |
| Filing 449 AMENDED CLERK CERTIFICATE OF MAILING of Cover letter, Writ of Garnishment, Notice of Garnishment and Instructions to Garnishee, Clerk's Notice of Post-Judgment Garnishment, Form of Answer of Garnishee, Application for Writ of Garnishment, Cover letter, Writ of Garnishment (eighteen), Notice of Garnishment and Instructions to Garnishee (Eighteen), Clerk's Notice of Post-Judgment Garnishment (Eighteen), Applications For Writ of Garnishment (eighteen), Answers of Garnishee, to the extent that such have been served (sixteen) and Notices of Garnishment and Instructions to Defendant (eighteen) mailed to Bonwell Paper Trading Limited at the following address: Bonwell Paper Trading Limited Room 1401, 14/F., World Commerce Centre, Harbour City, 7-11 Canton Road, Tsim Sha Tsui, Kowloon, Hong Kong on 2/13/2009 by FedEx # 8509 6457 6033. (jn) |
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Filing 448
ENDORSED LETTER addressed to Judge Donald C. Pogue from Mara E. Trager dated 6/2/09 re: The Export-Import Bank of the United States respectfully writes with respect to the Court's May 8, 2009 Order Compelling Post-Judgment Discovery. The Government writes to inform the Court that the Judgment Debtors have not complied with the Court's order. Accordingly, the Government intends to file a motion seeking sanctions pursuant to Rule 37 of the F.R.C.P, and proposes, subject to the Court's approval, that it be permitted until 6/12/09 to submit its moving brief. ENDORSEMENT: Granted. (Signed by Judge Donald C. Pogue on 6/3/09) (tro)
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Filing 447
ORDER granting #413 Motion to Quash. The writs of garnishment directed to Unisource Worldwide, Inc are hereby quashed. (Signed by Judge Donald C. Pogue on 6/3/09) (tro)
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Filing 446
ENDORSED LETTER addressed to Judge Donald C. Pogue from Li Yu dated 5/29/09 re: Counsel for plaintiff-judgment creditor Export-Import Bank of the U.S. respectfully respond to Mr. Puhala's letter of 5/28/09 regarding the interpretation of the Court's 5/12/09 Order staying the effect of the Court's 4/17/09 Memorandum and Order regarding the Writs of Garnishment Issued to Deutsche Bank and Bank of New York Mellon on two aspects of this action. Counsel request that Ex-Im be given until next Thursday to submit a letter setting forth its position on this subject- so that we may confer with Mr. Puhala and endeavor to come to a consensual resolution or, at a minimum, to provide the Court with an accurate statement of the parties' respective views. ENDORSEMENT: granted. (Signed by Judge Donald C. Pogue on 6/1/09) (tro)
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| Filing 445 LETTER addressed to Judge Donald C. Pogue from Kenneth R. Puhala dated 5/28/09 re: Defendants request that Your Honor order the release of the EFTs that have been restrained after 4/17/09 and confirm that post-April 17, 2009 EFTs should not be restrained unless Plaintiff obtains a reversal of Your Honor's ruling on appeal. Document filed by ASIA Pulp & Paper Co., Ltd., PT Indah Kiat Pulp & Paper TBK, PT Pabrik Kertas Tjiwi Kimia TBK, PT Pindo Deli Pulp & Paper Mills.(tro) |
| Filing 444 LETTER addressed to Judge Donald C. Pogue from Li Yu dated 5/28/09 re: Counsel for Plaintiff-judgment creditor Export-Import Bank of the United States write respectfully to update the Court on two aspects of this action: 1) Counsel do no intend to oppose the motion of Unisource Worldwide, Inc. to quash the Writ of Garnishment served on Unisource; 2) counsel advise the Court that, in accordance with the Disposition Order as to the Writs of Garnishment issued to Deutsche Bank and Bank of New York Mellon, Ex-Im has filed a notice of appeal from that order and a motion to expedite the appeal. Document filed by Export-Import Bank of The United States.(tro) |
| Set Deadlines/Hearings: Motions due by 6/12/2009. (tro) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #443 Notice of Appeal. (nd) |
| Transmission of Notice of Appeal to the District Judge re: #443 Notice of Appeal. (nd) |
| Filing 443 NOTICE OF APPEAL from #439 Order, #394 Order. Document filed by Export-Import Bank of The United States. (nd) |
| Filing 442 REPLY MEMORANDUM OF LAW in Support re: #436 SECOND MOTION to Quash.. Document filed by Cellmark Paper, Inc.. (Gersten, Eliot) |
| Filing 441 NOTICE OF CHANGE OF ADDRESS by Haynee C. Kang on behalf of Cellmark Paper, Inc.. New Address: Miller & Wrubel P.C., 570 Lexington Avenue, 25th Floor, New York, New York, 10022,. (Kang, Haynee) |
| Filing 440 RESPONSE in Opposition re: #438 MOTION to Quash., #436 SECOND MOTION to Quash.. Document filed by Export-Import Bank of The United States. (Trager, Mara) |
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Filing 439
DISPOSITION ORDER AS TO WRITS OF GARNISHMENT TO DEUTSCHE BANK AND BANK OF MELLON: Whereas this Court has granted the Judgment Debtors' EFT Motion to the extent that Bank Writs authorize garnishment of EFTs between intermediary banks, and whereas Ex-1m has not objected to the DB Answer and BONY Answer, the Bank Writs are hereby quashed pursuant to 28 U.S.C. 3205(c)(7). This Order is stayed pending an appeal by Ex-Im from the EFT Decision and this Order, provided that Ex-Im complies with the conditions that are set forth in the Stay Order; except that Ez Im may have until 5/28/20009 to file its notice of appeal. SO ORDERED. (Signed by Judge Donald C. Pogue on 5/27/2009) (tve)
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| Filing 438 MOTION to Quash. Document filed by PAK 2000, Inc.. (Attachments: #1 Text of Proposed Order, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Chapman, William) |
| Filing 437 MEMORANDUM OF LAW in Support re: #436 SECOND MOTION to Quash.. Document filed by Cellmark Paper, Inc.. (Attachments: #1 Exhibit A)(Gersten, Eliot) |
| Filing 436 SECOND MOTION to Quash. Document filed by Cellmark Paper, Inc..(Gersten, Eliot) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Eliot Gersten to RE-FILE Document #435 SECOND MOTION to Quash.. ERROR(S): Supporting documents must be filed individually. Use the event type(s) Memorandum of Law in Support found under event list Replies, Oppositions, Supporting Documents. NOTE: The motion must first be correctly re-filed. (jar) |
| Filing 435 FILING ERROR - DEFICIENT DOCKET ENTRY - SECOND MOTION to Quash. Document filed by Cellmark Paper, Inc.. (Attachments: #1 Memorandum of Law in Support, #2 Exhibit A)(Gersten, Eliot) Modified on 5/22/2009 (jar). |
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Filing 434
ORDER denying #405 Motion for Reconsideration. (Signed by Judge Donald C. Pogue on 5/20/2009) (jmi)
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| Filing 433 REPLY MEMORANDUM OF LAW in Support re: #405 MOTION for Reconsideration re; #393 Order on Motion to Quash,. MOTION for Reconsideration re; #393 Order on Motion to Quash,.. Document filed by ASIA Pulp & Paper Co., Ltd., PT Indah Kiat Pulp & Paper TBK, PT Pabrik Kertas Tjiwi Kimia TBK, PT Pindo Deli Pulp & Paper Mills. (Puhala, Kenneth) |
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Filing 432
AMENDED ORDER CONCERNING HEARING ON CERTAIN WRITS OF GARNISHMENT: The hearing in this matter, previously scheduled for Wednesday, 5/20/09, at 11:00 a.m., is postponed. A hearing, with regarding to the Motions to Quash filed by Cellmark Paper, Inc. and by Unisource Worldwide, Inc., be held on Wednesday, 6/3/09, at 11:00 a.m., in Courtroom Number 2, of the U.S. Court of International Trade, One Federal Plaza, New York, NY. Any additional proposed orders shall be served and filed by 5/20/09, together with statements of legal authorities supporting such orders. Opposition papers, if any, shall be served and filed by 5/27/09. An additional hearing shall be held on Wednesday, 7/1/09, at 11:00 a.m., in Courtroom Number 2. Any proposed orders shall be served and filed by 6/17/09, together with statements of legal authorities supporting such orders. Opposition papers, if any, shall be served and filed by 6/24/09. (Signed by Judge Donald C. Pogue on 5/14/09) (tro)
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| Filing 431 LETTER addressed to Judge Donald C. Pogue from Joel A. Blanchet dated 5/13/2009 re: We write in response to the Assistant United States Attorney's May 12, 2009 letter that requests, among other things, that the hearing on Unisource's Motion to Quash Writs of Garnishment be postponed from its current scheduled date of May 20, 2009 to July 1, 2009. Unisource opposes the government's request with respect to its Motion, as set forth herein. Document filed by Unisource Worldwide, Inc.(jpo) |
| Filing 430 LETTER addressed to Judge Donald C. Pogue from Kenneth R. Puhala dated 5/13/2009 re: Requesting that the Court vacate the order and permit defendants to serve reply papers within five (5) days after the Court vacates the Order. In addition, Defendants request that the Court hold oral argument on this motion which presents important issues involving due process rights and the interpretation of the F.R.C.P.. Document filed by ASIA Pulp & Paper Co., Ltd., PT Indah Kiat Pulp & Paper TBK, PT Pabrik Kertas Tjiwi Kimia TBK, PT Pindo Deli Pulp & Paper Mills.(jpo) |
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Filing 429
ORDER: The Court's order, dated 5/13/09, denying Defendants' Motion for Reconsideration is VACATED. Defendants may serve reply papers on or before 5/19/09. (Signed by Judge Donald C. Pogue on 5/13/09) (tro)
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| Filing 428 LETTER addressed to Judge Donald C. Pogue from Elliot Gersten dated 5/13/09 re: Counsel for Cellmark Paper, Inc. received a letter addressed to Your Honor from plaintiff seeking a continuance of a hearing scheduled for 5/20/09 involving: 1) Cellmark's objection to the garnishee's answer (Docket Number 368), 2) Cellmark's Motion to Quash (Docket Number 411) and 3) issues related to other garnishees. Plaintiff inadvertently omitted a copy of yesterday's letter to counsel. The Plaintiff has not responded to any of the garnishees' papers but has chosen to continue to cause Cellmark to remain entangled in this litigation through discovery, both formally and informally. Cellmark requests that the Court require plaintiff to timely file opposition papers and allow the hearing to go forward. Document filed by Cellmark Paper, Inc.(tro) |
| Filing 427 DECLARATION of Li Yu in Opposition re: #411 MOTION to Quash Under the Federal Debt Collection Procedures Act.. Document filed by Export-Import Bank of The United States. (Attachments: #1 Exhibit 1 to Yu Decl., #2 Exhibit 2 to Yu Decl., #3 Exhibit 3 to Yu Decl.)(Yu, Li) |
| Filing 426 MEMORANDUM OF LAW in Opposition re: #411 MOTION to Quash Under the Federal Debt Collection Procedures Act.. Document filed by Export-Import Bank of The United States. (Yu, Li) |
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Filing 425
ORDER denying #405 Motion for Reconsideration. (Signed by Judge Donald C. Pogue on 5/13/09) (cd)
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| Filing 424 ENDORSED LETTER addressed to Judge Donald C. Pogue from Li Yu dated 5/5/09 re: Request that the Court postpone, from 5/20 to 7/1/09, the hearing on Solaris papers motion to quash a Writ of Execution. ENDORSEMENT: Granted. (Signed by Judge Donald C. Pogue on 5/13/09) (cd) |
| Filing 423 LETTER addressed to Judge Donald C. Pogue from Li Yu dated 5/12/09 re: scheduling issue for the conference set on 5/20/09. Document filed by Export-Import Bank of The United States.(cd) |
| Transmission to Attorney Admissions Clerk. Transmitted re: #420 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (tro) |
| Filing 422 MEMORANDUM OF LAW in Opposition re: #405 MOTION for Reconsideration re; #393 Order on Motion to Quash,. MOTION for Reconsideration re; #393 Order on Motion to Quash,.. Document filed by Export-Import Bank of The United States. (Trager, Mara) |
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Filing 421
STIPULATION AND ORDER REGARDING WRITS OF GARNISHMENT TO JAPAN PULP AND PAPER (USA) CORP. AND MAC PAPERS, INC.: Notwithstanding the Mac Papers Writ, Mac Papers shall transfer $2,456,689.78 of the Withheld funds to JPP acknowledges the transfer of that portion of the Withheld Funds as payment in full of all monies owed to date by Mac Papers except $211,763.49, which MAc Papers continues to hold while JPP and Mac Papers negotiate in good faith whether or not that amount, of any portion thereof, is owed by Mac Papers to JPP. Upon determination by Mac Papers and JPP of what portion, if any, of the remaining amount of Withheld Funds is owed to JPP, Mac Papers shall also transfer that amount of the Withheld Funds to JPP and as further set forth in this Stipulation and Order. (Signed by Judge Donald C. Pogue on 5/12/09) (tro)
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Filing 420
ORDER granting #375 Motion for Eliot B. Gersten to Appear Pro Hac Vice. The foregoing Motion for Leave to Appear pro hac vice of Eliot B. Gersten, Esq. to practice before the Court in this action is hereby granted. (Signed by Judge Donald C. Pogue on 5/10/09) (tro)
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Filing 419
ORDER: Notwithstanding this Court's 4/17/09 decision concerning EFT payments and any subsequent order implementing that decision, the release of EFT payments by garnishees Bank of New York Mellon Corporation and Deutsche Bank Trust Company Americas is hereby stayed until the later of (1) plaintiff-judgment creditor's deadline to file a timely appeal of the decision and subsequent order and (2) if plaintiff-judgment creditor timely appeals, the date of the issuance of the mandate by the Second Circuit; PROVIDED that is a condition of this ORDER that plaintiff-judgment creditor file with the Second Circuit Court of Appeals, by 5/26/09, its Notice of Appeal and a motion requesting expedition thereof. (Signed by Judge Donald C. Pogue on 5/12/09) (tro)
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| Filing 418 TRANSCRIPT of proceedings held on 4/15/09 before Judge Donald C. Pogue. (ldi) |
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Filing 417
ORDER COMPELLING POST-DISCOVERY JUDGMENT: No later than May 14, 2009, Judgment Debtors shall answer the Ex-ImInterrogatories. No later than May 24, 2009, Judgment Debtors shall produce to Ex-Im, in response to Requests Nos. 6, 29, 37, 51, and 52 in the First Post-Judgment Document Requests, documents sufficient to show (i) their business relationships with Bonwell, (ii) their relationships with Solaris Paper, Inc., and (iii) their roles with respect to the shipment of Pindo Deli products that were seized by Ex-Im pursuant to a Writ of Execution issued by this Court on December 3, 2008, see Dkt. No. 161. No later than May 28, 2009, Judgment Debtors shall begin producing to Ex-Im all documents responsive to the First Post-Judgment Document Requests, with production to be completed within a reasonable time. To the extent that Judgment Debtors withhold any response to the Ex- 1m Interrogatories or any document responsive to the First Post-Judgment Document Requests, they shall provide Ex-1m with a log that, consistent with requirements of Local Civil Rule 26.2, identifies the specific document or information withheld and sets forth Judgment Debtors' asserted basis for withholding such document or information. In the event that Judgment Debtors fail to comply with this Order, Ex-Im maymove for further relief pursuant to Federal Rule of Civil Procedure 37. (Signed by Judge Donald C. Pogue on 5/8/09) (tro)
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| Filing 416 MEMORANDUM OF LAW in Opposition re: #400 MOTION to Stay re: #394 Order,.. Document filed by ASIA Pulp & Paper Co., Ltd., PT Indah Kiat Pulp & Paper TBK, PT Pabrik Kertas Tjiwi Kimia TBK, PT Pindo Deli Pulp & Paper Mills. (Attachments: #1 Declaration of Benjamin P. Deutsch in Opposition to Plaintiff's Motion for a Stay Pending Appeal [EFTs])(Puhala, Kenneth) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Martin Edel to MANUALLY RE-FILE Document No. 109 Motion to Appear Pro Hac Vice. This document is not filed via ECF. (jar) |
| Filing 415 DECLARATION of J. Jeffrey Hederick in Support re: #413 MOTION to Quash Writs of Garnishment.. Document filed by Unisource Worldwide, Inc.. (Song, Brian) |
| Filing 414 MEMORANDUM OF LAW in Support re: #413 MOTION to Quash Writs of Garnishment.. Document filed by Unisource Worldwide, Inc.. (Song, Brian) |
| Filing 413 MOTION to Quash Writs of Garnishment. Document filed by Unisource Worldwide, Inc..(Song, Brian) |
| Filing 412 MEMORANDUM OF LAW in Support re: #411 MOTION to Quash Under the Federal Debt Collection Procedures Act.. Document filed by Cellmark Paper, Inc.. (Edel, Martin) |
| Filing 411 MOTION to Quash Under the Federal Debt Collection Procedures Act. Document filed by Cellmark Paper, Inc..(Edel, Martin) |
| Filing 410 MEMORANDUM OF LAW in Support of Garnishee's Proposed Order to Quash the Writs of Garnishment Served on Them by Export-Import Bank of the United States. Document filed by Bangkit USA Corp., Nusource Inc., Evereast Enterprise Inc.. (Attachments: #1 Exhibit A - Proposed Order, #2 Exhibit B part 1of 2 - Transcript, #3 Exhibit B part 2 of 2 - Transcript)(Schain, Jennifer) |
| Filing 409 FILING ERROR - ELECTRONIC FILING FOR A NON-ECF DOCUMENT - MOTION Admission Pro Hac Vice of Eliot B. Gersten. Document filed by Cellmark Paper, Inc..(Edel, Martin) Modified on 5/7/2009 (jar). |
| Filing 408 LETTER addressed to Judge Donald C. Pogue from Maria E. Trager dated 5/5/09 re: Plaintiff writes respectfully to (i) enclose a Proposed Order Compelling Post-Judgment Discovery and (ii) request that the Court postpone, from 5/20 to 7/1/09, the hearing on Solaris Papers, Inc.'s motion to quash a Writ of Execution issued on 12/3/08 and Ex-Im's motion in support of its Objection to Solaris's Answer to the Writ of Garnishment served on it. Solaris consents to the request for postponement of the hearing on the two Solaris-related motions. Defendants-judgment debtors, however, object to entry of the Proposed Discovery Order. Document filed by Export-Import Bank of The United States. (Attachments: #1 Proposed Order)(ae) |
| Filing 407 LETTER addressed to Judge Donald C. Pogue from Mara E. Trager dated 5/1/09 re: Cellynne Corp. and Cellynne Holdings, Solaris Paper, Inc., and Export-Import Bank of the U.S. respectfully submit this joint letter to request, pursuant to Rule 15(a) of the Rules for Division of Business Among District Judges in the S.D.N.Y., that the action entitled Cellynne Corp. et al. v. Export Import Bank of the U.S. et al., 08 cv 11118 (RJS) be transferred to Judge Pogue's docket for coordination of proceedings with Export Import Bank of the U.S. v. Asia Pulp & Paper et al., 03 cv 8554 (DCP). Document filed by Cellynne Holdings, Inc.(ae) |
| Filing 406 MEMORANDUM OF LAW in Support re: #405 MOTION for Reconsideration re; #393 Order on Motion to Quash,. MOTION for Reconsideration re; #393 Order on Motion to Quash,.. Document filed by ASIA Pulp & Paper Co., Ltd., PT Indah Kiat Pulp & Paper TBK, PT Pabrik Kertas Tjiwi Kimia TBK, PT Pindo Deli Pulp & Paper Mills. (Puhala, Kenneth) |
| Filing 405 MOTION for Reconsideration re; #393 Order on Motion to Quash,. Document filed by ASIA Pulp & Paper Co., Ltd., PT Indah Kiat Pulp & Paper TBK, PT Pabrik Kertas Tjiwi Kimia TBK, PT Pindo Deli Pulp & Paper Mills. (Attachments: #1 Proposed Order)(Puhala, Kenneth) |
| Filing 404 NOTICE OF APPEARANCE by Joel Alan Blanchet on behalf of Unisource Worldwide, Inc. (Blanchet, Joel) |
| Filing 403 NOTICE OF APPEARANCE by Brian Woo Hyon Song on behalf of Unisource Worldwide, Inc. (Song, Brian) |
| CASHIERS OFFICE REMARK on #375 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 04/14/2009, Receipt Number 684161. (jd) |
| CASHIERS OFFICE REMARK on #391 Order Admitting Attorney Pro Hac Vice in the amount of $25.00, paid on 04/17/2009, Receipt Number 684576. (jd) |
| CASHIERS OFFICE REMARK on #402 Order Admitting Attorney Pro Hac Vice, in the amount of $25.00, paid on 04/27/2009, Receipt Number 686367. (jd) |
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Filing 402
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: Attorney Robert Kei Yasui for Japan Pulp & Paper (USA) Corporation and Japan Pulp and Paper (USA) Corporation admitted Pro Hac Vice as further set forth in this order. Counsel shall forward pro hac vice fee to the Clerk of Court. (Signed by Judge Donald C. Pogue on 4/15/09) (dle)
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| CASHIERS OFFICE REMARK on #363 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 04/09/2009, Receipt Number 683825. (jd) |
| Transmission to Attorney Admissions Clerk. Transmitted re: #402 Order Admitting Attorney Pro Hac Vice,, to the Attorney Admissions Clerk for updating of Attorney Information. (dle) |
| Filing 401 MEMORANDUM OF LAW in Support re: #400 MOTION to Stay re: #394 Order,.. Document filed by Export-Import Bank of The United States. (Attachments: #1 Exhibit A - Proposed Order)(Yalen, Robert) |
| Filing 400 MOTION to Stay re: #394 Order,. Document filed by Export-Import Bank of The United States.(Yalen, Robert) |
| Filing 399 TRANSCRIPT (first page) of proceedings held on 4/15/09 before Judge Donald C. Pogue. (cd) |
| Transmission to Attorney Admissions Clerk. Transmitted re: #398 Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (dle) |
| Filing 397 MEMORANDUM OF LAW in Opposition to Ex-Im's Objections to Answers of Garnishee Japan Pulp & Paper (U.S.A.) Corporation. Document filed by Japan Pulp & Paper (USA) Corporation, Japan Pulp and Paper (USA) Corporation. (tro) |
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Filing 396
STIPULATION AND ORDER REGARDING WRIT OF GARNISHMENT TO EDGEWOOD PAPER COMPANY, INC.: Edgewood shall comply with the Edgewood Writ and pay-over to Ex-Im any property covered thereby. Except insofar as the Judgment Debtors' Motion to Quash is subsequently granted, the Edgewood Writ applies, on continuing basis, to any property of Pindo Deli or the other Judgment Debtors in the possession, custody, or control of Edgewood, including any payment to be made to the Judgment Debtors on account of the purchase of their products by Edgewood. If and only if the Court rules at or after the April 15 hearing that payments to one or more of the Foreign Intermediaries for the Judgment Debtors' papers are garnishable, that ruling will apply equally to the garnishability, pursuant to the Edgewood Writ, of payments (on or after the date of service of the Edgewood Writ upon Edgewood) by Edgewood to the Foreign Intermediaries for purchases of the Judgment Debtors' products. Edgewood and Ex-Im understand and agree that this stipulation contains the entire agreement between them, and that no statements, representations, promises, agreements, or negotiations, oral or otherwise, between the parties or their counsel that are not included herein shall be of any force or effect. The Court retains the jurisdiction to determine any disputes concerning the terms of this stipulation or the Edgewood Writ. (Signed by Judge Donald C. Pogue on 4/15/09) (tro)
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Filing 395
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: Attorney Robert K. Yasui is admitted to practice pro hac vice as counsel for Japan Pulp & Paper (USA) Corporation in this action. (Signed by Judge Donald C. Pogue on 4/20/09) (tro)
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| Transmission to Attorney Admissions Clerk. Transmitted re: #395 Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (tro) |
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Filing 398
ORDER FOR ADMISSION PRO HAC VICE ON ORAL MOTION. Attorney William L. Chapman for PAK 2000, Inc. and admitted Pro Hac Vice. (Signed by Judge Donald C. Pogue on 4/15/09) (dle)
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Filing 394
MEMORANDUM AND ORDER, defendants' objections and motion to quash certain writs of garnishment granted. The Writs shall be quashed insofar as they may have been interpreted to permit garnishment of EFTs between intermediary banks. (Signed by Judge Donald C. Pogue on 4/17/09) (cd)
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Filing 393
MEMORANDUM AND ORDER denying, in part, 267 Motion to Quash. A final determination of the adequacy of service upon the Hong Kong Garnishees must await further filings from the government. With regard to Galaxy International, however, Defendants' motion to quash for inadequate service of the Writ is denied. (Signed by Judge Donald C. Pogue on 4/17/09) (cd)
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Filing 392
MEMORANDUM AND ORDER, because the Defendants have not established that the Indonesian injunction constrains their duty of disclosure, or that this Court should, as a matter of comity, grant deference to the Indonesian court order with regard to the discovery sought here, Plaintiff's Motion to Compel will be granted. (Signed by Judge Donald C. Pogue on 4/17/09) (cd)
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| Filing 387 NOTICE OF APPEARANCE by Jennifer Blaire Schain on behalf of Paper Max, Inc., Bangkit USA Corp., Nusource Inc., Evereast Enterprise Inc. (Schain, Jennifer) |
| ***DELETED DOCUMENT. Deleted document number 381 LETTER. The document was incorrectly filed in this case. (Duplicate of Doc. #384) (ae) |
| ***DELETED DOCUMENT. Deleted document number 386 LETTER. The document was incorrectly filed in this case. (Duplicate of Doc. #382)(ae) |
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Filing 391
ORDER ADMITTING ATTORNEY William L. Chapman PRO HAC VICE for PAK 2000, Inc. (Signed by Judge Donald C. Pogue on 4/15/09) (cd)
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Filing 390
ORDER ADMITTING ATTORNEY Robert K. Yasui PRO HAC VICE for Japan Pulp & papers (USA) Corp. (Signed by Judge Donald C. Pogue on 4/15/09) (cd)
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Filing 389
STIPULATION AND ORDER REGARDING WRIT OF GARNISHMENT TO EDGEWOOD PAPER COMPANY, INC, Edgewood shall comply with the Edgewood Writ and pay-over to Ex-Im any property covered thereby....The Court retains jurisdiction to determine any disputes concerning the terms of this stipulation or the Edgewood Writ. (Signed by Judge Donald C. Pogue on 4/15/09) (cd)
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| Transmission to Attorney Admissions Clerk. Transmitted re: #391 Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (cd) |
| Transmission to Attorney Admissions Clerk. Transmitted re: #390 Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (cd) |
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Filing 385
ORDER CONCERNING HEARINGS ON CERTAIN WRITS OF GARNISHMENT: that a hearing in this matter be held on Wednesday May 20, 2009, at 11:00 a.m., in Courtroom Number 2, of the U.S. Court of International Trade, One Federal Plaza, New York, N.Y. Any proposed orders shall be served and filed by May 6, 2009, together with statements of legal authorities supporting such orders. Opposition papers, if any, shall be served and filed by May 13, 2009. An additional hearing shall be held on Wednesday, July 1, 2009, at 11:00 a.m., in Courtroom Number 2. Any proposed orders shall be served and filed by June l7, 2009, together with statements of legal authorities supporting such orders. Opposition papers, if any, shall be served and filed by June 24, 2009. (Signed by Judge Donald C. Pogue on 4/15/2009) (tve)
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| Filing 384 LETTER addressed to Judge Donald C. Pogue from Lowell E. Mann dated 4/13/2009 re: This letter confirms that Edgewood Paper Co., Inc. has directed us to willingly execute and enter into the Proposed Stipulation with Ex-Im Bank. (tve) |
| Filing 383 STIPULATION AND [PROPOSED] ORDER REGARDING WRIT OF GARNISHMENT TO EDGEWOOD PAPER COMPANY, INC.; Edgewood shall comply with the Edgewood Writ and pay-over to Ex-1m any property covered thereby. Except insofar as the Judgment Debtors' Motion to Quash is subsequently granted, the Edgewood Writ applies, on a continuing basis, to any property of Pindo Deli or the other Judgment Debtors in the possession, custody, or control of Edgewood, including any payment to be made to the Judgment Debtors on account of the purchase of their products by Edgewood. If and only if the Court rules at or after the April 15 hearing that payments to one or more of the Foreign Intermediaries for the Judgment Debtors' paper are garnishable, that ruling will apply equally to the garnishability, pursuant to the Edgewood Writ, of payments (on or after the date of service of the Edgewood Writ upon Edgewood) by Edgewood to the Foreign Intermediaries for purchases of the Judgment Debtors' products. Edgewood and Ex-Im understand and agree that this stipulation contains the entire agreement between them. and that no statements, representations, promises, agreements, or negotiations, oral or otherwise, between the parties or their counsel that are not included herein shall be of any force or effect. The Court retains jurisdiction to determine any disputes concerning the terms of this stipulation or the Edgewood Writ. Document filed by Export-Import Bank of The United States.(tve) Modified on 4/15/2009 (tve). |
| Filing 382 LETTER addressed to Judge Donald C. Pogue from Kenneth R. Puhala dated 4/13/2009 re: Counsel writes on behalf of defendants to object to the Stipulation and proposed Order and respectfully request that the Writ of Garnishment directed to Edgewood in relation to the judgment against PT Pindo Deli Pulp and Paper Mills be quashed. (tve) |
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Filing 380
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: granting #363 Motion for Datev Shenian to Appear Pro Hac Vice. (Signed by Judge Donald C. Pogue on 4/14/2009) (tve)
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| Filing 378 LETTER addressed to Judge Donald C. Pogue from Miguel Alexander Pozo dated 4/7/2009 re: Counsel writes to inform the Court that he has now communicated the Court's decision with Solaris and expects a response from Solaris by the close of business on 4/7/2009. (tve) |
| Transmission to Attorney Admissions Clerk. Transmitted re: #380 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (tve) |
| Filing 379 MEMO ENDORSEMENT re: footnote no. 1 on #240 Letter. ENDORSEMENT: Granted. (Signed by Judge Donald C. Pogue on 4/3/2009) (tve) |
| Filing 377 LETTER addressed to Judge Donald C. Pogue from Miguel Alexander Pozo dated 4/2/2009 re: Solaris respectfully requests that the Court either deny the Government's request to stay the Motion to Quash or defer the hearings on both the Motion to Quash and the Writ of Garnishment to Solaris until such time as they can be conducted concurrently. Document filed by Solaris Paper, Inc..(tve) |
| Filing 375 MOTION for Eliot B. Gersten to Appear Pro Hac Vice. Document filed by Cellmark Paper, Inc.(dle) |
| Filing 374 LETTER addressed to Judge Donald C. Pogue from Kenneth R. Puhala dated 4/13/2009 re: Counsel writes on behalf of Defendants in connection with the Stipulation and Proposed Order between Plaintiff and Garnishee Edgewood Paper Company, Inc., which was submitted on 4/13. Defendants object to the Stipulation and proposed Order and respectfully request that the Writ of Garnishment directed to Edgewood in relation to the judgment against Defendant PT Pindo Deli Pulp and Ppaer Mills be quashed. (tve) |
| Filing 369 CERTIFICATE OF SERVICE of Non-Party Cellmark Paper, Inc's Memorandum of Law in Opposition to Plaintiff's Objection to the Answer to the Writ of Garnishment served on Clearing House Association LLC on 04/14/2009. Service was made by MAIL. Document filed by Cellmark Paper, Inc.. (Edel, Martin) |
| Filing 368 MEMORANDUM OF LAW in Opposition re: #331 MOTION for Writ of Garnishment of Plaintiff Judgment-Creditor Ex-Im.. Document filed by Cellmark Paper, Inc.. (Edel, Martin) |
| Filing 388 MEMORANDUM OF LAW in Opposition to Export-Import Objections To Answers of Garnishee Japan Pulp & Paper. Document filed by Japan Pulp & Paper (USA) Corporation. (cd) |
| Filing 376 ENDORSED LETTER addressed to Judge Donald C. Pogue from Mara E. Trager, Robert William Yalen and Li Yu dated 4/1/2009 re: AUSA writes on behalf of Plaintiff-Judgment Creditor the Export-Import Bank of the United States, respectfully submitting this letter (1) to request permission to withdraw without prejudice Ex-Im's Motion to Appoint a Liquidator; and (2) to request that the Court stay Solaris' Motion to Quash the Writ of Execution until the hearing on Ex-Im's writ of garnishment on Solaris on 4/14/ has taken place. ENDORSEMENT: Permission to withdraw motion granted. The court reserves action on this request until it has heard the parties on April 14 or 15. (Signed by Judge Donald C. Pogue on 4/7/2009) (tve) |
| Filing 373 LETTER addressed to Judge Donald C. Pogue from Mara E. Trager, Robert William Yalen and Li Yu dated 4/9/2009 re: AUSA writes to inform the Court concerning the redactions in the Government's principal brief in support of its writs of garnishment and the corresponding withholding of certain supporting exhibits. The Government will electronically file and serve an unredacted copy of the brief and a copy of the exhibits containing only the Exhibit DD redactions. Document filed by Export-Import Bank of The United States.(tve) |
| Filing 372 ENDORSED LETTER addressed to Judge Donald C. Pogue from Eliot Gersten dated 4/9/2009 re: Counsel for Cellmark Paper, Inc. writes requesting until 4/13/2009 to respond to the plaintiff's Memorandum dated 4/2/2009 because plaintiff just served an unredacted brief today. ENDORSEMENT: EOT granted. (Signed by Judge Donald C. Pogue on 4/10/2009) (tve) |
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Filing 371
ENDORSED LETTER addressed to Judge Donald C. Pogue from Miguel Alexander Pozo dated 4/8/2009 re: Solaris Paper, Inc. respectfully requests an extension until 4/10/2009 to file its opposition to the Export-Import Bank of the United States Objections to the Answer of the Answering Garnishees and for a Disposition Order to the Answering Garnishees. ENDORSEMENT: Granted. (Signed by Judge Donald C. Pogue on 4/10/2009) (tve)
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Filing 370
ORDER: that a hearing on the Writ of Garnishment to Solaris Paper, Inc. and Solaris's Motion to Quash be held on Wednesday, May 20, 2009, at 11:00 a.m., in Courtroom Number 2, of the U.S. Court of International Trade, One Federal Plaza, New York, N.Y. (Signed by Judge Donald C. Pogue on 4/10/2009) (tve) Modified on 4/15/2009 (tve).
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| Filing 367 ANSWER OF GARNISHEE to Defendant PT Pindo Deli Pulp and Paper Mills. Document filed by Edgewood Paper Company, Inc.(ae) |
| Filing 366 NOTICE OF APPEARANCE by Martin David Edel on behalf of Cellmark Paper, Inc. (Edel, Martin) |
| Filing 365 DECLARATION of Andre Soetjahja in Opposition re: #331 MOTION for Writ of Garnishment of Plaintiff Judgment-Creditor Ex-Im.. Document filed by Solaris Paper, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Pozo, Miguel) |
| Filing 364 MEMORANDUM OF LAW in Opposition re: #331 MOTION for Writ of Garnishment of Plaintiff Judgment-Creditor Ex-Im.. Document filed by Solaris Paper, Inc.. (Pozo, Miguel) |
| Filing 363 MOTION for Datev Shenian to Appear Pro Hac Vice. Document filed by Japan Pulp & Paper (USA) Corporation, Japan Pulp and Paper (USA) Corporation.(dle) |
| Filing 362 REPLY AFFIDAVIT of Hans Smit in Support re: 296 MOTION to Compel.. Document filed by Export-Import Bank of The United States. (Yu, Li) |
| Filing 361 REPLY MEMORANDUM OF LAW in Support re: 296 MOTION to Compel.. Document filed by Export-Import Bank of The United States. (Yu, Li) |
| Filing 360 MEMORANDUM OF LAW in Opposition re: #213 Objection (non-motion). Document filed by Bangkit USA Corp., Nusource Inc., Evereast Enterprise Inc.. (Attachments: #1 Appendix to Memorandum in Opposition to Ex-Im's Objections to Answers of Garnishees Bangkit USA, Inc., Evereast Enterprise, Inc. and Nusource, Inc.and Motion for Disposition Order)(Yuzek, Dean) |
| Filing 359 BRIEF re: #332 Declaration in Support of Motion,,,, COMPLETE AND UNREDACTED VERSION OF DECLARATION AND EXHIBITS (EXCEPT EXHIBIT DD) FILED AS DOCKET NO. 332. Document filed by Export-Import Bank of The United States. (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 (part 1), #22 Exhibit U (part 2), #23 Exhibit V (part 1), #24 Exhibit V (part 2), #25 Exhibit W, #26 Exhibit X, #27 Exhibit Y, #28 Exhibit Z, #29 Exhibit AA, #30 Exhibit BB, #31 Exhibit CC, #32 Exhibit DD [redacted])(Yalen, Robert) |
| Filing 358 BRIEF re: MOTION for Writ of Garnishment of Plaintiff Judgment-Creditor Ex-Im. UNREDACTED version of memorandum previously filed as Docket No. 331. Document filed by Export-Import Bank of The United States.(Yalen, Robert) Modified on 4/10/2009 (jar). |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Dean Yuzek to RE-FILE Document #353 Memorandum of Law in Opposition to Motion. Use the event type Memorandum of Law in Opposition (non-motion) found under the event list Other Answers. (jar) |
| Filing 357 BRIEF re: #356 Brief Declaration of Hans Smit in Opposition to Judgment Debtors' Proposed Order. Document filed by Export-Import Bank of The United States.(Yalen, Robert) |
| Filing 356 BRIEF Memorandum in Opposition to Judgment Debtors' Proposed Order. Document filed by Export-Import Bank of The United States.(Yalen, Robert) |
| Filing 355 DECLARATION of Benjamin P. Deutsch re: #329 Memorandum of Law in Support, in Further Support of Defendants' Proposed Order. Document filed by ASIA Pulp & Paper Co., Ltd., PT Indah Kiat Pulp & Paper TBK, PT Pabrik Kertas Tjiwi Kimia TBK, PT Pindo Deli Pulp & Paper Mills. (Puhala, Kenneth) |
| Filing 354 MEMORANDUM OF LAW re: #329 Memorandum of Law in Support, in Further Support of Defendants' Proposed Order. Document filed by ASIA Pulp & Paper Co., Ltd., PT Indah Kiat Pulp & Paper TBK, PT Pabrik Kertas Tjiwi Kimia TBK, PT Pindo Deli Pulp & Paper Mills. (Puhala, Kenneth) |
| Filing 353 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (Memorandum of Law (non-motion) - MEMORANDUM OF LAW in Opposition re: #331 MOTION for Writ of Garnishment of Plaintiff Judgment-Creditor Ex-Im.. Document filed by Bangkit USA Corp., Nusource Inc., Evereast Enterprise Inc.. (Attachments: #1 Appendix to Memorandum in Opposition to Ex-Im's Objections to Answers of Garnishees Bangkit USA, Inc., Evereast Enterprise, Inc. and Nusource, Inc. and Motion for Disposition Order)(Yuzek, Dean) Modified on 4/9/2009 (jar). |
| Filing 352 RESPONSE re: #219 Objection (non-motion), #221 Objection (non-motion) -- Opposition to Ex-Im's Objection to Spicers Paper, Inc. and Kelly Paper Company's Answers. Document filed by Spicers Paper, Inc., Kelly Paper Company. (Attachments: #1 Certificate of Service)(Connelly, Blair) |
| Filing 351 RESPONSE re: #220 Objection (non-motion) -- Opposition to Ex-Im's Objection to PsPrint LLC's Answer. Document filed by PsPrint LLC. (Attachments: #1 Certificate of Service)(Connelly, Blair) |
| Filing 348 LETTER addressed to Judge Donald C. Pogue from Miguel Alexander Pozo dated April 2, 2009, re: We respectfully submit this letter on behalf of Solaris Paper, Inc. ("Solaris") in response to the letter from the Export-Import Bank of the United States (the "Government") e-mailed to the Court last night at 8:25 p.m., the day on which the Government's opposition to Solaris's Motion to Quash the Writ of Execution ("Motion to Quash") was due. In its letter, the Government seeks to withdraw, for the second time, its Motion to Appoint a Liquidator. The Govemment also requests that the Court "stay" Solaris's Motion to Quash until April 14, 2009. (rw) (rw). |
| Filing 347 MEMO ENDORSEMENT on re: #240 Letter, filed by PT Pindo Deli Pulp & Paper Mills, PT Indah Kiat Pulp & Paper TBK, ASIA Pulp & Paper Co., Ltd., PT Pabrik Kertas Tjiwi Kimia TBK. ENDORSEMENT: Granted. (Signed by Judge Donald C. Pogue on 4/3/2009) (jfe) |
| Filing 346 ENDORSED LETTER addressed to Judge Donald C. Pogue from Mara E. Trager dated 4/1/2009 re: Counsel submit this letter 1) to request permission to withdraw without prejudice Ex-Im's Motion to Appoint a Liquidator; and 2) to request that the Court stay Solaris Motion to Quash the Writ of Execution ("Motion to Quash") until the hearing on Ex-1m's writ of garnishment on Solaris on April 14, 2009 has taken place. ENDORSEMENT: Permission to withdraw motion granted.The Court reserves action on this request until it has heard the parties on April 14 or 15th. (Signed by Judge Donald C. Pogue on 4/7/2009) (jfe) |
| Filing 345 LETTER addressed to Mr. Pozo and Mr. Modlinger from Mara E. Trager dated 3/30/2009 re: We write on behalf of the Export-Import Bank of the United Stales (the "Government" or "Ex-Im") to follow up on the deposition of Andre Soetjahja, which took place on Friday, March 27, 2009.(jfe) |
| Filing 344 LETTER addressed to Counsel from Miguel Alexander Pozo dated 3/31/2009 re: Yesterday evening, we received your letter dated March 30, 2009 requesting that Solaris Paper, Inc. ("Solaris") produce supplemental documents in a number of broad categories. Solaris does not concede that the categories of documents identified in your letter are necessarily responsive to the document requests in the December 30, 2008 subpoena served by the Export-Import Bank of the United States (the "Government"). Nor does Solaris concede that the Government may, "in lieu of another 30(b)(6) deposition," demand additional documents it did not request in the December 30, 2008 subpoena. Nevertheless, Solaris wishes to cooperate with the Government and is working expeditiously to provide the requested information (to the extent it exists). Given that the Government's briefs in response to Solaris's motion to quash and in support of the Government's writs of garnishment arc due on April 1,2009, we wish to advise you that Solaris will require several days to identify relevant document custodians, and to search for, review, and produce the several categories of documents (including e-mails) you are seeking. While Solaris cannot yet provide a date-certain for completion of the supplemental production, Solaris is open to discussing with you whether the lime-table for production will necessitate a modification of the briefing and hearing schedule. Please feel free to contact me or my colleague Alan Modlinger if you wish to discuss this matter further. (jfe) |
| Filing 343 NOTICE OF APPEARANCE by Dean G. Yuzek on behalf of Paper Max, Inc., Bangkit USA Corp., Nusource Inc., Evereast Enterprise Inc. (Yuzek, Dean) |
| Filing 341 DECLARATION of Ferry Siswojo Djongianto in Opposition re: 296 MOTION to Compel.. Document filed by ASIA Pulp & Paper Co., Ltd., PT Indah Kiat Pulp & Paper TBK, PT Pabrik Kertas Tjiwi Kimia TBK, PT Pindo Deli Pulp & Paper Mills. (Attachments: #1 Exhibit A (part 1), #2 Exhibit A (part 2), #3 Exhibit A (part 3), #4 Exhibit A (part 4), #5 Exhibit B)(Puhala, Kenneth) |
| Filing 340 AFFIRMATION of Otto Hasibuan in Opposition re: 296 MOTION to Compel.. Document filed by ASIA Pulp & Paper Co., Ltd., PT Indah Kiat Pulp & Paper TBK, PT Pabrik Kertas Tjiwi Kimia TBK, PT Pindo Deli Pulp & Paper Mills. (Attachments: #1 Exhibit A)(Puhala, Kenneth) |
| Filing 339 AFFIRMATION of Kenneth R. Puhala in Opposition re: 296 MOTION to Compel.. Document filed by ASIA Pulp & Paper Co., Ltd., PT Indah Kiat Pulp & Paper TBK, PT Pabrik Kertas Tjiwi Kimia TBK, PT Pindo Deli Pulp & Paper Mills. (Attachments: #1 Exhibit A, #2 Exhibit B)(Puhala, Kenneth) |
| Filing 338 MEMORANDUM OF LAW in Opposition re: 296 MOTION to Compel. Post-Judgment Discovery. Document filed by ASIA Pulp & Paper Co., Ltd., PT Indah Kiat Pulp & Paper TBK, PT Pabrik Kertas Tjiwi Kimia TBK, PT Pindo Deli Pulp & Paper Mills. (Puhala, Kenneth) |
| Filing 334 BRIEF Ex-Im's Responsive EFT Brief. Document filed by Export-Import Bank of The United States.(Yalen, Robert) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Li Yu to RE-FILE Document #331 MOTION for Writ of Garnishment of Plaintiff Judgment-Creditor Ex-Im. Use the event type Memorandum of Law in Support (non-motion) found under the event list Other Answers. NOTE: Do not link to document #331 Motion for Writ of Garnishment, that document is a filing error. (jar) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Li Yu to RE-FILE Document #331 MOTION for Writ of Garnishment of Plaintiff Judgment-Creditor Ex-Im. ERROR(S): A document cannot be linked to a filing error. Re-file and link to correctly re-filed motion. Use the event type Declaration in Support found under event list Other Answers. (jar) |
| Filing 333 REPLY MEMORANDUM OF LAW in Support of Their Motion to Quash the Writs of Garnishment. Document filed by ASIA Pulp & Paper Co., Ltd., PT Indah Kiat Pulp & Paper TBK, PT Pabrik Kertas Tjiwi Kimia TBK, PT Pindo Deli Pulp & Paper Mills. (Puhala, Kenneth) |
| Filing 332 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Robert William Yalen in Support re: #331 MOTION for Writ of Garnishment of Plaintiff Judgment-Creditor Ex-Im.. Document filed by Export-Import Bank of The United States. (Attachments: #1 Exhibit A to Yalen Decl., #2 Exhibit B to Yalen Decl., #3 Exhibit C to Yalen Decl., #4 Exhibit D to Yalen Decl., #5 Exhibit F to Yalen Decl., #6 Exhibit G to Yalen Decl., #7 Exhibit I to Yalen Decl., #8 Exhibit J to Yalen Decl., #9 Exhibit K to Yalen Decl., #10 Exhibit L to Yalen Decl., #11 Exhibit M to Yalen Decl., #12 Errata N to Yalen Decl., #13 Exhibit O to Yalen Decl., #14 Exhibit P to Yalen Decl., #15 Exhibit Q to Yalen Decl., #16 Exhibit T to Yalen Decl., #17 Exhibit U to Yalen Decl., Pt. I, #18 Exhibit U to Yalen Decl., Pt. II, #19 Exhibit W to Yalen Decl., #20 Exhibit X to Yalen Decl., #21 Exhibit Y to Yalen Decl., #22 Exhibit Z to Yalen Decl., #23 Exhibit AA to Yalen Decl., #24 Exhibit BB to Yalen Decl., #25 Exhibit CC o Yalen Decl.)(Yu, Li) Modified on 4/3/2009 (jar). |
| Filing 331 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (Memorandum of Law) - MOTION for Writ of Garnishment of Plaintiff Judgment-Creditor Ex-Im. Document filed by Export-Import Bank of The United States. Return Date set for 4/15/2009 at 11:00 AM.(Yu, Li) Modified on 4/3/2009 (jar). |
| Filing 330 OBJECTION to Answer to Writ re: #313 Answer to Writ of Garnishment. Document filed by PT Pindo Deli Pulp & Paper Mills. (Puhala, Kenneth) |
| Filing 329 MEMORANDUM OF LAW in Support of Defendants' Proposed Order. Document filed by ASIA Pulp & Paper Co., Ltd., PT Indah Kiat Pulp & Paper TBK, PT Pabrik Kertas Tjiwi Kimia TBK, PT Pindo Deli Pulp & Paper Mills. (Attachments: #1 Text of Proposed Order, #2 Declaration Ferry Siswojo Djongianto, #3 Declaration of Otto Hasibuan, #4 Certificate of Service)(Puhala, Kenneth) |
| Filing 328 AFFIDAVIT OF SERVICE of Clerk's Notice of Garnishment, and Answer of Garnishee served on Galaxy Int'l Trading Ltd, at Galaxy's offices at Level 2, Lot 19: Lazenda Commercial Centre Phase 3: 87007 Labuan, F.T. Labuan: Malaysia on 3/2/09. Service was accepted by Ms. Suryani Nordin, an accounts clerk.. (pl) |
| Filing 327 MEMORANDUM OF LAW in Support re: #325 Endorsed Letter,. Document filed by Clearing House Association LLC. (Wiesel, Laurent) |
| CLERK CERTIFICATE OF MAILING RECEIVED for Writ of Garnishment mailed to Kensington International Limited on 2/13/2009 by FedEx # 8509 6457 6055, RECEIVED ON: 2/16/2009. This docket refers to Doc# 254. (jn) |
| CLERK CERTIFICATE OF MAILING RECEIVED for Writ of Garnishment mailed to Galaxy International Trading Limited on 2/13/2009 by FedEx # 8509 6457 5997, RECEIVED ON: 2/17/2009. This docket refers to Doc# 256. (jn) |
| CLERK CERTIFICATE OF MAILING RECEIVED for Writ of Garnishment mailed to Bonwell Paper Trading Limited on 2/13/2009 by FedEx # 8509 6457 6033, RECEIVED ON: 2/16/2009. (jn) |
| Filing 350 ANSWER OF GARNISHEE Document filed by PT Indah Kiat Pulp & Paper TBK, PT Pabrik Kertas Tjiwi Kimia TBK.(jmi) |
| Filing 325 ENDORSED LETTER addressed to Judge Donald C. Pogue from Bruce E. Clark dated 3/24/09 re: On behalf of Clearing House, counsel suggests that the Courts determination of this matter likely would be assisted by the points made in the enclosed amicus brief as to the legal, practical and policy aspects of the issues raised in defendants request to life the restraints at issue. ENDORSEMENT: Permission granted. (Signed by Judge Donald C. Pogue on 3/31/09) (mme) |
| Filing 324 STIPULATION FOR ECF CASE It is hereby stipulated and agreed that this case shall be designated an ECF case for all filings subsequent to this date. (Signed by Judge Donald C. Pogue on 3/31/09) (mme) |
| Filing 322 ENDORSED LETTER addressed to Judge Donald C. Pogue from Mara E. Trager dated 3/31/09 re: Counsel requests a two dau extension of the current deadline for submission of responsive papers on the issue of garnishment of electronic fund transfers (EFT), from today, March 31, 2009, to Thursday, April 2, 2009. ENDORSEMENT: The court notes that repeated filing delays may affect its schedule for considering pending motions. (Signed by Judge Donald C. Pogue on 3/31/09) (mme) |
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Filing 321
STIPULATION AND ORDER COMPELLING COMPLIANCE WITH SUBPOENA It is hereby stipulated and agreed that, pursuant to 28 U.S.C. 3004(b) and Federal Rules of Civil Procedure 37, 45 and 69, Paper Max shall comply with the Subpoena that Ex Im served on Paper Max on March 4, 2009. Regarding procedures to be followed that shall govern the handling of the Subpoena. (Signed by Judge Donald C. Pogue on 3/31/09) (mme)
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| Filing 320 LETTER addressed to Judge Donald C. Pogue from Shari D. Leventhal dated 3/27/09 re: Counsel urges the Court to exercise care to ensure that, if the Court chooses to extend Winter Storm, any extension that permits attachments at intermediary banks pursuant to the FDCPA is narrowly tailored and does not invite or leave the door open for further extensions. Counsel submits this letter to address the issue of whether funds transfers at intermediary banks are subject to garnishment pursuant to the Federal Debt Collection Procedures Act, 28 U.S.C. 3001 of seq. ("FDCPA").(mme) |
| Filing 319 LETTER addressed to Judge Donald C. Pogue from Benjamin P. Deutsch dated 3/24/09 re: Counsel writes the Court to submit copies of the documents relating to Defendants; motion to quash the writs of garnishment directed to garnishees The Bank of New York Mellon (BONY), Deutsche Bank Trust Company Americas (Deutsche Bank), Kensington International Limited (kensington), Bonwell Paper Trading Limited (Bonwell) and Galaxy International Trading Limited (Galaxy). (mme) |
| Case Designated ECF. (mme) |
| Filing 342 CERTIFICATE OF SERVICE of writ of garnishment, as well as the corresponding Clerk's Notice of Post-Judgment Garnishment, Notice of Garnishment and Instructions to Garnishee, form of Answer, and Ex Parte Application for Writ of Garnishment, served on Garnishee Deutsche Bank Trust Company Americas; on 2/12/09, also served copy of the Writ of Garnishment, as well as the Notice of Garnishment and instructions to Garnishee, form of answer and Ex part Application for Writ of Garnishment on judgment debtor PT Pabrik Kertas Tjiwi Kimia TBK by Federal Express to its counsel Kenneth Puhala and Benjamin Deutsch, Schnader Harrison Segal and Lewis, LLP. Service was made by Federal Express. Document filed by Export-Import Bank of The United States. (djc) |
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Filing 337
WRIT OF GARNISHMENT Greetings T: The Bank of New York Mellon Corporation and its affiliates, successors, or assigns and The Bank of New York Mellon Corporation and its affiliates, successors, or assigns. The balance due on the debt as of September 23, 2008, including the 10% surcharge, is $5,941,202.64. You are required by law to withhold and retain any property in which the debtor has a substantial nonexempt interest and for which you have or may become indebted to the debtor pending further order of the court. You are required by Jaw to file a written answer, under oath, within ten (l0) days of service of this writ stating whether or not you have in your custody, control or possession, any property owned by the debtor, including nonexempt, disposable earnings. Please state whether or not you anticipate making any future payments to the debtor and whether such payments will likely be weekly, bi-weekly or monthly. (Signed by Judge Donald C. Pogue on 2/4/09) (mme)
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Filing 336
WRIT OF GARNISHMENT Greetings To: PAK 200, Inc. c/o Burger, Esq., Registered Agent and PAK 2000, Inc. The balance due on the debt as of September 23, 2008, including the 10% surcharge, is $73,516,873.56. You are required by law to withhold and retain any property in which the debtor has a substantial nonexempt interest and for which you have or may become indebted to the debtor pending fu.'1her order of the court. (Signed by Judge Donald C. Pogue on 2/4/09) (mme) Modified on 4/3/2009 (mme).
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| Filing 335 CERTIFICATE OF SERVICE of Writ of Garnishment, as well as the corresponding Clerk's Notice of Post-Judgment garnishment, Notice of Garnishment and Instr. to Garnishee....; served on PAK 2000 Inc. on 22/6/09. Service was made by facsimile and Federal Express; also on 2/12/09 served copy of the attached Writ of Garnishment... by federal Express to its counsel Kenneth Puhala and Benjamin Deutsch of Schnader Harrison Segal and Lewis, LLLP. Document filed by Export-Import Bank of The United States. (djc) |
| Filing 318 CERTIFICATE OF SERVICE of Attached writ of Garnishment, as well as the corresponding Clerk's Notice of Post-Judgment Garnishment, Notice of Garnishment and Instructions to Garnishee, form of Answer and Ex Parte Application for Writ of Garnishment served on on Garnishee Bank of NY Mellon Corporation on 2/6/09. Service was made by facsimile and federal express to the Bank of NY Mellon Corp; also certifies that on 2/12/09 served copy of writ of Garnishment... by Federal Exp. to its counsel, Kenneth Puhala and Benjamin Deutsch, Schnader Harrison Seal and Lewis..; Document filed by Export-Import Bank of The United States. (djc) |
| Filing 349 DEFENDANT'S OBJECTION TO WRIT OF GARNISHMENT AND REQUEST FOR HEARING: Indah Kiat objects to the Writ of Garnishment directed to Kensington and requests a hearing and, furthermore, requests that the Court quash the Writ of Garnishment directed to Kensington. Document filed by ASIA Pulp & Paper Co., Ltd., PT Indah Kiat Pulp & Paper TBK, PT Pabrik Kertas Tjiwi Kimia TBK, PT Pindo Deli Pulp & Paper Mills. (jmi) |
| Filing 326 LETTER addressed to Clerk of the Court from Mark A. Brown dated 2/11/09 re: Counsel writes to inform the Court that they have attached documents referencing Answer of Garnishment 03 Civ. (DCP) (JCF), regarding Export-Import Bank of United States v. PT Pabrik Kartas Tjwl Kimie TBK and PAK 2000, Inc. (mme) |
| Filing 313 ANSWER to Writ of Garnishment. Document filed by The Bank of New York. (Geraghty, Michael) |
| ***DELETED DOCUMENT. Deleted document number 307 MOTION TO COMPEL. The document was incorrectly filed in this case. (Duplicate of Doc. #281) (ae) |
| Filing 312 MEMORANDUM IN SUPPORT OF GARNISHMENT OF EFT PAYMENTS: For reasons further set forth, Ex-1m respectfully request that the Court enter an order confirming that DB and BONY have properly restrained EFT payments pursuant to the writ, anddirecting them to pay over those payments to Ex-1m. Document filed by Export-Import Bank of The United States. (db) |
| Filing 311 LETTER addressed to Judge Donald C. Pogue from Mara E. Trager dated 3/25/09 re: Pursuant to 28 USC 3004(b), plaintiff-judgment creditor the Export-Import Bank of the United States writes respectfully to seek the Court's assistance in enforcing a March 3, 2009 subpoena served on third-party Paper Max, Inc. Document filed by Export-Import Bank of The United States.(db) |
| Filing 310 LETTER addressed to Judge Donald C. Pogue from Robert William Yalen dated 3/25/09 re: Courtesey Copies of Motion to Compel and Supporting Documents. Document filed by Export-Import Bank of The United States.(db) |
| Filing 309 DECLARATION of Li Yu in Support re: 307 MOTION to Compel. Document filed by Export-Import Bank of The United States. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9. |
| Filing 308 MEMORANDUM OF LAW in Support re: 307 MOTION to Compel. Document filed by Export-Import Bank of The United States. (db) |
| Filing 306 Expert Opinion of Hans Smit, Stanley H. Fuld Professor of Law, Columbia University. DECLARATION of Hans Smit. (db) (Additional attachment(s) added on 3/26/2009: #1 Appendix Appendix#1, #2 Appendix Appendix#2) (db). |
| Filing 305 SUBPOENA ISSUED for Paper Max, Inc. on 3/25/09 at 10:00 a.m. Document filed by Export-Import Bank of The United States.(db) |
| Filing 291 Courtesy copy of Arifardhani & Partners letter to Chief Judge of Siak Sri Indrapura District Court (Indonesia). (as per doc #278) (cd) |
| ***DELETED DOCUMENT. Deleted document number 275 Memorandum of Law. The document was incorrectly filed in this case. (ae) |
| Filing 294 Courtesy copy of TJIWI Kimnia Invoice, dated 9/26/08. (as per #278) (cd) |
| Filing 293 Courtesy copy of letter from Kenneth Puhala to AUSA Li Yu, dated 3/23/09. (as per #278) (cd) |
| Filing 292 Courtesy copy of letter from AUSA Li Yu to Kenneth Puhala, dated 3/11/09. (as per #278) (cd) |
| Filing 290 Courtesy copy of Responses and Objections of Defendant Asia Pulp & Paper To Plaintiff's Second Request For Production of Documents In Aid of Judgment. (as per #278) (cd) |
| Filing 289 Courtesy copy of Responses and Objections of Defendant Asia Pulp & Paper To Plaintiff's Request For Production of Documents In Aid of Judgment. (as per #278) (cd) |
| Filing 288 Courtesy copy of 9/3/08 letter from Kennth Puhala to AUSA Sarah Light. (as per #278) (cd) |
| Filing 287 Courtesy Copy of Provisional Injunction from the District Court of Siak Sri Indrapura, Indonesia, dated 6/12/08. (as per doc #278) (cd). |
| Filing 286 Courtesy copy of Defendants' Objections and Responses to Plaintiff/Judgment Creditor's First Set of Interrogatories In Aid of Judgment. (as per doc #278) (cd) |
| Filing 285 Courtesy copy of Appendix 2 (selected bibliography of Smit). (as per doc #278) (cd) |
| Filing 284 Courtesy copy of Smit Appendix 1 (Curriculum Vitae of Hans Smit). (as per doc #278) (cd) |
| Filing 283 Courtesy copy of Declaration of Li Yu. (as per doc #278) (cd) |
| Filing 282 Courtesy copy of Memorandum in Support of Garnishment of EFT Payments. (as per doc #278) (cd) |
| Filing 281 Courtesy copy of Motion to Compel Post-Judgment Discovery. (as per doc #278) (cd) |
| Filing 280 Courtesy copy of Memorandum of Law In Support of Motion of Plaintiff Export-Import Bank of the US To Compel Post-Judgment Discovery. (as per doc #278) (cd) |
| Filing 279 Courtesy Copy of Expert Opinion of Hans Smit, Sanley H. Fuld Professor of Law Columbia University. Document filed by Export-Import Bank of The United States. (as per doc #278) (cd) (cd). |
| Filing 278 LETTER addressed to Judge Donald C. Pogue from Robert Yalen dated 3/25/09 re: Enclosing courtesy copies of the listed papers filed and served by the Export-Import Bank of the US yesterday. Document filed by Export-Import Bank of The United States.(cd) (docket entries 279-291) |
| Filing 277 DISCLOSURE STATEMENT OF AMICUS CURIAE THE CLEARING HOUSE ASSOICAITON L.l.C. Document filed by Clearing House Association LLC.(cd) |
| Filing 276 LETTER addressed to Judge Donald C. Pogue from James Forte dated 3/24/09 re: BNYM concurs with and adopts the position taken by the Clearing House in this matter. Document filed by The Bank of New York.(cd) |
| Filing 274 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. (Document filed by The Clearing House Association L.L.C. (the "Clearing House")(djc) |
| Received Return Receipt as to Alan S. Modlinger, Esq., which was served by Certified Mail # 7001 2510 0002 8737 6656, on 3/19/09. (mro) |
| Filing 317 MEMORANDUM OF LAW in Support of 267 MOTION to Quash. Document filed by ASIA Pulp & Paper Co., Ltd., PT Indah Kiat Pulp & Paper TBK, PT Pabrik Kertas Tjiwi Kimia TBK, PT Pindo Deli Pulp & Paper Mills. (db) Modified on 3/30/2009 (ad). |
| Filing 316 OBJECTION OF PT PABRIK KERTAS TJIWI KIMIA TBK TO ANSWER OF GARNISHEE AND REQUEST FOR HEARING (Courtesy Copy): Tjiwi Kimia objects to Deutsche Bank's Answer and requests a hearing and, furthermore, requests that the Court quash the Writ of Garnishment directed to Deutsche Bank. Document filed by PT Pabrik Kertas Tjiwi Kimia TBK. (db) Modified on 3/30/2009 (ad). |
| Filing 315 DEFENDANT'S OBJECTION TO WRIT OF GARNISHMENT AND REQUEST FOR HEARING (Courtesey Copy): Pindo Deli objects to the Writ of Garnishment directed to Bonwell and requests a hearing and, furthermore, requests that the Court quash the Writ of Garnishment directed to Bonwell. Document filed by PT Pindo Deli Pulp & Paper Mills. (db) Modified on 3/30/2009 (ad). |
| Filing 314 DEFENDANT'S OBJECTION TO WRIT OF GARNISHMENT AND REQUEST FOR HEARING (Courtesy Copy): Tjiwi Kimia objects to the Writ of Garnishment directed to Galaxy and requests a hearing and, furthermore, requests that the Court quash the Writ of Garnishment directed to Galaxy. Document filed by PT Pabrik Kertas Tjiwi Kimia TBK. (db) Modified on 3/30/2009 (ad). |
| Filing 299 Expert Opinion of Hans Smit, Stanley H. Fuld Professor of Law, Columbia University. (djc) |
| Filing 298 DECLARATION of Li Yu in Support re: 296 MOTION to Compel.. Document filed by Export-Import Bank of The United States. (djc) |
| Filing 297 MEMORANDUM OF LAW in Support re: 296 MOTION to Compel.. Document filed by Export-Import Bank of The United States. (djc) |
| Filing 296 MOTION to Compel Post-Judgment Discovery purs to FRCP 37. Document filed by Export-Import Bank of The United States.(djc) |
| Filing 295 MEMORANDUM OF LAW in Support of Garnishment of EFT Payments. Document filed by Export-Import Bank of The United States. (djc) |
| Filing 273 ENDORSED LETTER addressed to Judge Donald C. Pogue from Mara Trager dated 3/20/09 re: Request that the Court will reconsider its ruling that the Government's brief be due by 3/24 rather than 4/1 re Solaris' Motion to Quash. If this request is granted, the Government's opposition brief will be due on 4/1 and Solaris' reply papers, if any, will be due on 4/9. ENDORSEMENT: Granted. (Signed by Judge Donald C. Pogue on 3/20/09) (cd) |
| Set/Reset Deadlines as to 267 MOTION to Quash. Response due by 4/1/2009. Reply due by 4/9/2009. (cd) |
| Filing 272 ENDORSED LETTER addressed to Judge Donald C. Pogue from Robert William Yalendated 3/18/2009 re: I am writing respectfully to request an extension by two business days of the current deadlines for briefing the issue of garnishment of electronic fund transfers. Simultaneous initial briefing on this issue is currently due Friday, March 20, 2009, and simultaneous responsive briefing is currently due Friday, March 27, 2009. I request this two-business-day extension because this additional time appears necessary for the completion of the Government's internal review process for filing of this brief. ENDORSEMENT: Granted. ( Brief due by 3/24/2009, Responses due by 3/31/2009) (Signed by Judge Donald C. Pogue on 3/18/2009) (jmi) Modified on 4/6/2009 (jmi). |
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Filing 271
ENDORSED LETTER addressed to Judge Donald C. Pogue from Mara E. Trager and Robert William Yalen dated March 13, 2009 re: The Export-Import Bank of the United States (the "Government") writes to respectfully to request an extension until April 1, 2009 of its March 16, 2009 deadline for submitting a brief in opposition to non-party Solaris Paper, Inc's ("Solaris") Motion to Quash the Writ of Execution Pursuant to 28 U.S.C. section 3013. Counsel to Solaris consents to this request. We also write to note that we have informed counsel to Solaris that we will consent to an extension of time to file any reply papers. ENDORSEMENT: Denied in part. The Government's brief is to be filed on March 24, 2009. Solaris' opposition is to be filed on or before April 3, 2009. SO ORDERED. ( Brief due by 3/24/2009. Reply due by 4/3/2009.) (Signed by Judge Donald C. Pogue on 3/17/2009) (rw)
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| Filing 265 LETTER addressed to Judge Donald C. Pogue from Kenneth R. Puhala dated 3/10/09 re: Counsel writes to advise the Court that a conference is not needed and that the most efficient way to proceed is for the Court to approve the briefing schedule agreed to by the parties, as set forth in Plaintiffs counsel's letter: (1) Plaintiffs motion to compel: March 24, 2009; (2) Defendants' opposition: April 3, 2009; and (3) Plaintiffs reply: April 9, 2009. (mme) |
| Filing 264 LETTER addressed to Judge Donald C. Pogue from Serrin A. Turner dated 2/20/09 re: Counsel writes to request that Pindo Deli's motion to remove the restraints on the EFT funds at issue be denied. (mme) |
| Mailed: Returned 4 pages from the Soethahja Affidavit under exhibit tab K to Alan S. Modlinger, Esq. as directed by docket entry #262 by Certified Mail # 7001 2510 0002 8737 6656 with Return Receipt Requested. (mro) |
| Filing 263 LETTER addressed to Judge Donald C. Pogue from Miguel Alexander Pozo dated 2/27/09 re: Counsel writes to request that the Court deny the Governments application to appoint a liquidator to sell assets, or in the alternative, stay its rulings on the Governments application pending resolution of Solaris's motion to quash the Writ of Execution against Pindo. (mme) |
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Filing 262
ENDORSED LETTER addressed to Judge Donald C. Pogue from Mara E. Trager dated 3/10/09 re: Plaintiff respectfully requests a conference with the Court to address a post-judgment discovery dispute. the parties have conferred and respectfully propose the following briefing schedule in the event that a resolution cannot be reached at the conference: The Government's motion to compel due 3/24/2009, Defendants' opposition due: 4/3/2009, The Government's reply due: 4/9/2009. ENDORSEMENT: So Ordered. (Signed by Judge Donald C. Pogue on 3/11/09) (pl)
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| Filing 261 ANSWER to Writ of Garnishment. Document filed by Deutsche Bank Trust Company Americas. (dle) |
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Filing 266
ENDORSED LETTER addressed to Judge Donald C. Pogue from Alan S. Modinger dated 3/4/09 re: Solaris Paper, Inc, request that the Court remove and discard those materials from Exhibit K to the Soetjahja Affidavit and direct that the SDNY Clerk's Office likewise remove and discard those materials prior to filing the motion and logging the submission on ECF, In the alternative, we request permission to file a corrected Soeljahja Affidavit and withdraw the original Soetjahja Affidavit prior to its filing on ECF. ENDORSEMENT: So Ordered. (Signed by Judge Donald C. Pogue on 3/10/09) (pl)
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| Filing 260 OBJECTION OF THE EXPORT-IMPORT BANK TO ANSWER OF GARNISHEE. Document filed by The United States OF AMERICA. (pl) |
| Filing 270 AFFIDAVIT of Andre Soetjahja in Support re: 267 MOTION to Quash. Document filed by Solaris Paper, Inc. (djc) |
| Filing 269 CERTIFICATION/AFFIDAVIT of Miguel A. Pozo in Support re: 267 MOTION to Quash. Document filed by Solaris Paper, Inc. (djc) |
| Filing 268 MEMORANDUM OF LAW in Support re: 267 MOTION to Quash. Document filed by Solaris Paper, Inc. (djc) |
| Filing 267 MOTION for an Order to Quash the Writ of Execution issued against PT Pindo Deli Pulp and Paper Mills by this Court on December 3, 2008. Document filed by Solaris Paper, Inc.(djc) |
| CASHIERS OFFICE REMARK on #228 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 01/23/2009, Receipt Number 676106. (jd) |
| Filing 259 LETTER addressed to Judge Donald C. Pogue from Robert W. Yalen dated 2/20/09 re: Request for an additional 3 week extension of the 3/4/09 deadline for submitting a brief in this matter and a corresponding adjournment of the currently scheduled 3/18/09 garnishment hearing. Document filed by Export-Import Bank of The United States.(cd) |
| Filing 258 LETTER addressed to Judge Donald C. Pogue from Kenneth Puhala dated 2/19/09 re: Request for a conference. Document filed by PT Pindo Deli Pulp & Paper Mills.(cd) |
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Filing 257
ORDER that briefs addressing the issue of electronic fund transfers ("EFTs") be filed on or before March 20, 2009. Replies shall be filed on or before March 27, 2009. IT IS FURTHER ORDERED that a hearing be held on Wednesday, April 15, 2009, at 11:00 a.m., in Courtroom Number 2, of the U.S. Court of International Trade, One Federal Plaza, New York, N.Y. Exlm's prehearing papers, including any Objection to the Answer of any Garnishee, shall be served and filed by April 1, 2009. Proposed orders shall also be served and filed by April 1, 2009, together with statements of legal authorities supporting such orders. Opposition papers, if any, shall be served and filed by April 8, 2009.( Proposed Order due by 4/1/2009, Replies due by 3/27/2009, Responses due by 4/8/2009, Hearing set for 4/15/2009 at 11:00 AM before Judge Donald C. Pogue.) (Signed by Judge Donald C. Pogue on 2/24/2009) (jmi)
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| Filing 256 CLERK CERTIFICATE OF MAILING of Writ of Garnishment mailed to Galaxy International Trading Limited at the following address: Galaxy International Trading Limited Level 2, Lot 19, Lazenda Commercial Centre Phase 3, Labuan, F.T. Labuan, Malaysia 87007 on 2/13/2009 by FedEx # 8509 6457 5997. (jn) |
| Filing 255 CLERK CERTIFICATE OF MAILING of Writ of Garnishment mailed to Bonwell Paper Trading Limited at the following address: Bonwell Paper Trading Limited Rm 1401, 14/F World Commerce Centre, Harbour City, 7-11 Canton Road, Tsim Sha Tsui, Kowloon, Hong Kong on 2/13/2009 by FedEx # 8509 6457 6033. (jn) |
| Filing 254 CLERK CERTIFICATE OF MAILING of Writ of Garnishment mailed to Kensington International Limited at the following address: Kensington International Limited Unit C. 6th Floor, China Insurance Bldg, 48 Cameron Road, Tsim, Sha Tsui, Hong Kong on 2/13/2009 by FedEx # 8509 6457 6055. (jn) |
| Filing 253 EX PARTE APPLICATION for Writ of Garnishment entered as to PT Pabrik Kertas Tjiwi Kimia TBK, # 08,0923 in the amount of $ 73,516,873.56. Added Garnishee: Galaxy International Trading Limited. Document filed by Export-Import Bank of The United States. (ae) |
| Filing 252 EX PARTE APPLICATION for Writ of Garnishment entered as to PT Indah Kiat Pulp & Paper TBK, # 08,0923 in the amount of $ 82,339,882.46. Added Garnishee: Kensington International Limited. Document filed by Export-Import Bank of The United States. (ae) |
| Filing 251 EX PARTE APPLICATION for Writ of Garnishment entered as to PT Pindo Deli Pulp & Paper Mills, # 08,0923 in the amount of $ 5,941,202.64. Added Garnishee: Bonwell Paper Trading Limited. Document filed by Export-Import Bank of The United States. (ae) |
| Filing 250 LETTER addressed to Judge Donald C. Pogue from Mara E. Trager dated 2/6/09 re: Plaintiff the Export-Import Bank of the U.S. respectfully submits this letter in connection with the three additional ex parte applications for post-judgment writs of garnishment in this action. Document filed by Export-Import Bank of The United States.(ae) |
| Writ of Garnishment Issued against PT Indah Kiat Pulp & Paper Tbk. Garnishee: Kensington International Limited on 2/10/09. (Signed by Judge Judge Donald C. Pogue on 2/10/09) (ae) |
| Writ of Garnishment Issued against PT Pabrik Kertas Tjiwi Kimia Tbk. Garnishee: Galaxy International Trading Limited on 2/10/09. (Signed by Judge Judge Donald C. Pogue on 2/10/09) (ae) |
| Writ of Garnishment Issued against PT Pindo Deli Pulp and Paper Mills. Garnishee: Bonwell Paper Trading Limited on 2/10/09. (Signed by Judge Judge Donald C. Pogue on 2/10/09) (ae) |
| Filing 244 NOTICE of re: #243 APPLICATION To Appoint Liquidator and to Sell Assets. Document filed by Export-Import Bank of The United States. (ae) |
| Filing 243 EX PARTE APPLICATION To Appoint Liquidator and to Sell Assets owned by the Defendant debtor, PT Pindo Deli Pulp and Paper Mills. Document filed by Export-Import Bank of The United States.(ae) Modified on 2/6/2009 (ae). |
| Filing 247 EX PARTE APPLICATION for Writ of Garnishment entered as to PT Pindo Deli Pulp & Paper Mills # 08,0923 in the amount of $ 5,941,202.64. Garnishee: The Bank of New York Mellon Corporation. Document filed by Export-Import Bank of The United States. (ae) |
| Filing 246 EX PARTE APPLICATION for Writ of Garnishment entered as to PT Pabrik Kertas Tjiwi Kimia TBK # 08,0923 in the amount of $ 73,516,873.56. Garnishee: PAK 2000, Inc.. Document filed by Export-Import Bank of The United States. (ae) Modified on 2/6/2009 (ae). |
| Filing 245 APPLICATION for Writ of Garnishment entered as to PT Pabrik Kertas Tjiwi Kimia TBK # 03,0923 in the amount of $ 73,516,873.56. Garnishee Deutsche Bank Trust Company Americas. Document filed by Export-Import Bank of The United States. (ae) |
| Filing 242 LETTER addressed to Judge Donald C. Pogue from Mara E. Trager dated 2/3/09 re: Plaintiff the Export-Import Bank of the U.S. respectfully submits this letter in connection with the ex parte applications for three post-judgment writs of garnishment in this action. Document filed by Export-Import Bank of The United States.(ae) |
| Writ of Garnishment Issued against PT Pabrik Kertas Tjiwi Kimia Tbk addressed to Deutsche Bank Trust Company Americas on 2/4/09. (Signed by Judge Judge Donald C. Pogue on 2/4/09) (ae) |
| Writ of Garnishment Issued against Defendant PT Pindo Deli Pulp and Paper Mills addressed to The Bank of New York Mellon Corporation on 2/4/09. (Signed by Judge Judge Donald C. Pogue on 2/4/09) (ae) |
| Writ of Garnishment Issued against PT Pabrik Kertas Tjiwi Kimia Tbk addressed to PAK 2000, Inc. on 2/4/09. (Signed by Judge Judge Donald C. Pogue on 2/4/09) (ae) |
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Filing 241
ORDER; that a hearing shall be held on Wednesday, March 18, 2009, at 11:00 a.m., in Courtroom Number 2, of the U.S. Court of International Trade, One Federal Plaza, New York, N.Y. Exlm's prehearing papers, including any Objection to the Answer of any Garnishee, shall be served and filed by March 4, 2009. Proposed orders shall also be served and filed by March 4, 2009, together with statements of legal authorities supporting such orders. Opposition papers, if any, shall be served and filed by March 12, 2009. (Signed by Judge Donald C. Pogue on 1/27/09) (ae)
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| Filing 240 LETTER addressed to Judge Donald C. Pogue from Sarah E. Light; Mara E. Trager; and Robert William Yalen dated 1/26/09 re: We are writing, at the request of Chambers, to confirm that plaintiff Export-Import Bank of the U.S. is available for a reschedule garnishment hearing on 3/18/09, at 11:00 a.m.. Document filed by ASIA Pulp & Paper Co., Ltd., PT Indah Kiat Pulp & Paper TBK, PT Pabrik Kertas Tjiwi Kimia TBK, PT Pindo Deli Pulp & Paper Mills.(ae) |
| Filing 239 Objection of the Export-Import Bank to re: #214 Answer of Garnishee, Unisource Worldwide, Inc. to PT Indah Kiat Pulp & Paper TBK and Request for Hearing. Document filed by Export-Import Bank of The United States. (ae) |
| Filing 238 Objection of The Export-Import Bank to re: #237 Answer of Garnishee, Unisource Worldwide, Inc. to PT Pabrik Kertas Tjiwi Kimia TBK and Request for Hearing. Document filed by Export-Import Bank of The United States. (ae) |
| Filing 237 ANSWER OF GARNISHEE, Unisource Worldwide, Inc. to PT Pabrik Kertas Tjiwi Kimia TBK. Document filed by Unisource Worldwide, Inc..(ae) |
| Filing 249 NOTICE OF APPEARANCE by Mara Emet Trager on behalf of Export-Import Bank of The United States (dle) |
| Filing 248 NOTICE OF APPEARANCE by Robert William Yalen on behalf of Export-Import Bank of The United States (dle) |
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Filing 236
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION; granting #228 Motion for Alan S. Modlinger to Appear Pro Hac Vice. (Signed by Judge Donald C. Pogue on 1/26/09) (ae)
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| Filing 235 ANSWER OF GARNISHEE, Japan Pulp and Paper (USA) Corporation to PT Pindo Deli Pulp and Paper Mills. Document filed by PT Pindo Deli Pulp & Paper Mills.(ae) |
| Filing 234 ANSWER OF GARNISHEE, Japan Pulp and Paper (USA) Corporation to PT Indah Kiat Pulp & Paper TBK. Document filed by PT Indah Kiat Pulp & Paper TBK.(ae) |
| Filing 233 ANSWER OF GARNISHEE, Corporate Express US Finance, Inc. to PT Pindo Deli Pulp and Paper Mills. Document filed by PT Pindo Deli Pulp & Paper Mills.(ae) |
| Filing 232 ANSWER OF GARNISHEE, Cellynne Holdings, Inc. to PT Pundo Deli Pulp & Paper Mills. Document filed by PT Pundo Deli Pulp & Paper Mills.(ae) |
| Filing 231 ANSWER OF GARNISHEE, Cellmark Paper, Inc. to PT Pabrik Kertas Tjiwi Kimia TBK. Document filed by PT Pabrik Kertas Tjiwi Kimia TBK.(ae) |
| Filing 230 ANSWER OF GARNISHEE, Cathay Bank to PT Indah Kiat Pulp & Paper TBK. Document filed by PT Indah Kiat Pulp & Paper TBK.(ae) |
| Filing 229 ANSWER OF GARNISHEE, Mac Papers, Inc. to PT Pabrik Kertas Tjiwi Kimia TBK. Document filed by PT Pabrik Kertas Tjiwi Kimia TBK.(ae) |
| Transmission to Attorney Admissions Clerk. Transmitted re: #236 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (ae) |
| Filing 228 MOTION for Alan S. Modlinger to Appear Pro Hac Vice. Document filed by Solaris Paper, Inc.(dle) |
| Filing 227 Objection of The Export-Import Bank to Answer of Garnishee Evereast Enterprise, Inc. and Request for Hearing. Document filed by Export-Import Bank of The United States. (ae) |
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Filing 226
ENDORSED LETTER addressed to Judge Donald C. Pogue from Sarah E. Light dated 1/14/2009 re: Counsel respectfully requests that the Court enter an Order permitting ExIm to file this original Objection with the United States District Court nunc pro tunc to January 12, 2009. ENDORSEMENT: Granted. (Signed by Judge Donald C. Pogue on 1/22/2009) (jfe)
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| Filing 224 OBJECTION OF THE EXPORT IMPORT BANK TO ANSWER OF GARNISHEE, SOLARIS PAPER, INC. AND REQUEST FOR HEARING. Document filed by Export-Import Bank of The United States. (jpo) (ae). Modified on 1/22/2009 (ae). |
| Filing 225 Objection of The Export-Import Bank to Answer of Garnishee Cellmark Paper, Inc. and Request for Hearing. Document filed by Export-Import Bank of The United States. (ae) |
| Filing 223 Objection of the Export-Import Bank to Answer of Garnishee Cellynne Holdings, Inc. and Request for Hearing. Document filed by Export-Import Bank of The United States. (djc) (ae). |
| Filing 221 Objection of The Export-Import Bank to Answer of Garnishee (Spicers Paper, Inc.) and Request for Hearing. Document filed by Export-Import Bank of The United States. (ae) Modified on 1/12/2009 (ae). (ae). |
| Filing 220 Objection of The Export-Import Bank to Answer of Garnishee (PS Print, LLC) and Request for Hearing. Document filed by Export-Import Bank of The United States. (ae) Modified on 1/12/2009 (ae). (ae). |
| Filing 219 Objection of The Export-Import Bank to Answer of Garnishee (Kelly Paper Company) and Request for Hearing. Document filed by Export-Import Bank of The United States. (ae) Modified on 1/12/2009 (ae). (ae). |
| Filing 217 Objection of The Export-Import Bank to Answer of Garnishee of Bangkik (U.S.A.), Inc. and Request for Hearing. Document filed by Export-Import Bank of The United States. (ae) (ae). |
| Filing 216 Objection of The Export-Import Bank to Answer of Garnishee, (Corporate Express US Finance, Inc.) and Request for Hearing. Document filed by Export-Import Bank of The United States. (ae) (ae). |
| Filing 213 Objection Of The Export-Import Bank To Answer Of Garnishee (Nusource, Inc.) and Request For Hearing, filed by Export-Import Bank of The United States. (pl) Modified on 1/9/2009 (ae). (ae). |
| Filing 212 OBJECTION of the Export-Import Bank to Answer of Garnishee Japan Pulp and Paper (U.S.A.) Corporation filed by PT Pindo Deli Pulp and Paper Mills. Document filed by Export-Import Bank of The United States. (ae) Modified on 1/20/2009 (ae). (ae). |
| Filing 211 OBJECTION of the Export-Import Bank of The United States re: Answer of Garnishee Japan Plup and Paper (U.S.A.) Corporation, Filed by PT Indah Kiat Pulp & Paper TBK. (pl) (ae). |
| Filing 210 Objection by Export-Import Bank of The United States re: Answer of Garnishee (Cathay Bank) and Request for Hearing. (pl) Modified on 1/9/2009 (ae). (ae). |
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Filing 215
ORDER, that a hearing be held on Wednesday, February 11, 2009, at 11:00 a.m., in Courtroom Number 2, of the U.S. Court of International Trade, One Federal Plaza, New York, N.Y. Objections to the Answers of all Garnishees shall be filed by February 4, 2009. Proposed orders shall be filed by February 4, 2009, with statements of legal authorities supporting such orders. (Signed by Judge Donald C. Pogue on 1/6/09) (ae)
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| Filing 214 ANSWER OF GARNISHEE, Unisource Worldwide, Inc. to Defendant PT Indah Kiat Pulp & Paper TBK. Document filed by Unisource Worldwide, Inc.(ae) Modified on 1/9/2009 (ae). Modified on 1/30/2009 (ae). |
| Filing 222 OBJECTION of The Export-Import Bank to Answer of Garnishee (Mac Papers, Inc.) and Request for Hearing. (mme) Modified on 1/14/2009 (ae). |
| Filing 218 ANSWER of GARNISHEE. Document filed by Solaris Paper, Inc.(ae) (ae). |
| Filing 208 STIPULATION FOR EXTENSION OF TIME FOR GARNISHEE TO RESPOND TO WRIT OF GARNISHMENT: IT IS HEREBY STIPULATED AND AGREED by and between the United States Attorney's Otfice, Southern District of New York, representing plaintiff Export-Import Bank of the United States and garnishee Unisource Worldwide, Inc. ("Unisource"), that the time for Unisource to move, answer, or otherwise respond to plaintiff's above captioned writ of garnishment is extended through December 31, 2008. 1. No party will be prejudiced by the requested extension of time and such extension of time is not being sought for purposes of delay. 2. No prior extension of time has previously been sought by the garnishee. (Signed by Judge Donald C. Pogue on 12/22/2008) (rw) |
| Filing 205 ANSWER OF GARNISHEE filed by Evereast Enterprise, Inc.. (pl) (ae). |
| Filing 204 ANSWER OF GARNISHEE KELLY PAPER COMPANY.. (pl) (ae). |
| Filing 203 ANSWER OF GARNISHEE SPICERS PAPER, INC. (pl) (ae). |
| Filing 202 Answer of Garnishee PS Print, LLC re: Writ of Continuing Garnishment filed by J. Andrew Comly, CEO of Garnishee, PS Print, LLC. (pl) (ae). |
| Filing 201 LETTER addressed to Judge Donald C. Pogue from Kenneth R. Puhala dated December 16, 2008, re: We represent Defendants in the matter referenced above. We write in response to Plaintiff's submission dated December 15, 2008 that set-forth Plaintiff's argument that in addition to attorneys' fees and costs, Plaintiff is entitled to collect a 10% surcharge pursuant to the Federal Debt Collection Procedures Act, 28 U.S.C. Section 3001, et. seq. ("FDCPA"). Plaintiff is incorrect and its argument should be rejected. Document filed by ASIA Pulp & Paper Co., Ltd., PT Indah Kiat Pulp & Paper TBK, PT Pabrik Kertas Tjiwi Kimia TBK, PT Pundo Deli Pulp & Paper Mills.(rw) |
| Filing 207 ANSWER OF GARNISHEE NUSOURCE, INC. to Writ of Garnishment. Document filed by Chih-Wei Sung. (djc) (ae). |
| Filing 206 ANSWER OF GARNISHEE BANGKIT (U.S.A.), INC. to Writ of Garnishment. Document filed by Handy Hide. (djc) (ae). (Additional attachment(s) added on 1/21/2009: #1 Answer of Garnishee Bangkit (U.S.A.), Inc.) (ae). |
| Filing 199 ENDORSED LETTER addressed to Judge Donald C. Pogue from Sarah E. Light dated 12/15/08 re: Counsel writes to advise the Court that they withdraw their motion to Appoint Receiver/Liquidator. Accordingly, counsel requests that the hearing be adjourned. ENDORSEMENT: Granted. (Signed by Judge Donald C. Pogue on 12/16/08) (mme) |
| Filing 198 Plaintiff's Statement of Legal Authorities Requested by 12/3/08 Order. Document filed by Export-Import Bank of The United States. (ae) (ae). |
| Filing 200 ANSWER OF GARNISHEE. Document filed by Japan Pulp & Paper (USA) Corporation. (dle) |
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Filing 209
ORDER REGARDING THE GRANT IN PART OF EX PARTE APPLICATION FOR POST JUDGMENT REMEDIES IT IS HEREBY ORDERED that counsel for Ex-1m shall, promptly upon receipt of this order, prepare and cause to be served a Notice as provided by 28 U.S.C. 3202(b); and it is further ORDERED that counsel for Ex-1m shall, promptly upon receipt of this order, serve a copy of its Motion to Appoint Receiver/Liquidator upon Defendants' counsel of record; and it is further ORDERED that counsel for Ex-1m shall, no later than December 15, 2008, file with the Court an affidavit indicating the basis for any claim, as required by 28 U.S.C. 3203(e), that there is a substantial danger that property described in its requested Writ[s] will be removed from the jurisdiction of the court, lost, materially injured or damaged or mismanaged; and it is further ORDERED that absent agreement on the entry of an order granting Plaintiff's Motion to Appoint Receiver/Liquidator, a hearing shall be held on said Motion at 11:00 a.m. on Wednesday, December 17, 2008, in Courtroom #2; and it is further ORDERED that counsel for Ex-1m shall, no later than December 15, 2008, file with the Court a statement, with relevant legal authority, attesting to the law of the State of New York with regard to the levy of interest on judgments as provided by 19 U.S.C. 1961(a); and it is further ORDERED that counsel for EX-1m shall, no later than December 15, 2008, file with the Court a statement, with relevant legal authority, indicating why its request for a 10% surcharge pursuant to 28 U.S.C. 30ll(a) is not precluded by 28 U.S.C. 3011 (b) (1), this Court having previously ordered attorneys' fees in this action; and it is further ORDERED that the Plaintiff shall immediately serve Defendants with a copy of this Order, together with copies of its Applications and related documents. (Signed by Judge Donald C. Pogue on 12/3/08) (mme)
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| Filing 197 CERTIFICATE OF SERVICE of writ of garnishment, Clerk's notice of post judgment garnishment and notice of garnishment and instructions to garnishee and defendant served on Unisource Worldwide, Inc. and PT Pabrik Kertas Tjiwi Kimia Tbk on 12/4/08. Service was made by Mail. Document filed by Export-Import Bank of The United States. (dle) |
| Filing 196 CERTIFICATE OF SERVICE of writ of garnishment, Clerk's notice of post judgment garnishment and notice of garnishment and instructions to defendant served on Bangkit (U.S.A.) Inc. and PT Indah Kiat Pulp & Paper Tbk on 12/4/08. Service was made by Mail. Document filed by Export-Import Bank of The United States. (dle) |
| Filing 195 CERTIFICATE OF SERVICE of writ of garnishment, Clerk's notice of post judgment garnishment and notice of garnishment and instructions to defendant served on PT Pindo Deli Pulp & Paper Mills c/o Kenneth Puhala on 12/4/08. Service was made by Mail. Document filed by Export-Import Bank of The United States. (dle) |
| Filing 194 CERTIFICATE OF SERVICE of writ of garnishment, Clerk's notice of post judgment garnishment and notice of garnishment and instructions to defendant served on Spicers Paper Inc. and PT Pabrik Kertas Tjiwi Kimia Tbk on 12/4/08. Service was made by Mail. Document filed by Export-Import Bank of The United States. (dle) |
| Filing 193 CERTIFICATE OF SERVICE of writ of garnishment, Clerk's notice of post judgment garnishment and notice of garnishment and instructions to defendant served on Japan Pulp and Paper (U.S.A.) Corporation and PT Pindo Deli Pulp and Paper Mills on 12/4/08. Service was made by Mail. Document filed by Export-Import Bank of The United States. (dle) |
| Filing 192 CERTIFICATE OF SERVICE of writ of garnishment, Clerk's notice of post judgment garnishment and notice of garnishment and instructions to defendant served on Evereast Enterprise, Inc. on 12/4/08. Service was made by Mail. Document filed by Export-Import Bank of The United States. (dle) |
| Filing 191 CERTIFICATE OF SERVICE of writ of garnishment, Clerk's notice of post judgment garnishment and notice of garnishment and instructions to defendant served on Corporate Express US Finance, Inc. and PT Pindo Deli Pulp and Paper Mills on 12/4/08. Service was made by Mail. Document filed by Export-Import Bank of The United States. (dle) |
| Filing 190 CERTIFICATE OF SERVICE of writ of garnishment, Clerk's notice of post judgment garnishment and notice of garnishment and instructions to defendant served on Edgewood Paper Company, Inc. and PT Pindo Deli Pulp and Paper Mills on 12/4/08. Service was made by Mail. Document filed by Export-Import Bank of The United States. (dle) |
| Filing 189 CERTIFICATE OF SERVICE of writ of garnishment, Clerk's notice of post judgment garnishment and notice of garnishment and instructions to defendant served on Cellynne Holdings, Inc. and PT Pindo Deli Pulp and Paper Mills on 12/4/08. Service was made by Mail. Document filed by Export-Import Bank of The United States. (dle) |
| Filing 188 CERTIFICATE OF SERVICE of writ of garnishment, Clerk's notice of post judgment garnishment and notice of garnishment and instructions to defendant served on Unisource Worldwide, Inc. and PT Indah Kiat Pulp & Paper Tbk on 12/4/08. Service was made by Mail. Document filed by Export-Import Bank of The United States. (dle) |
| Filing 187 CERTIFICATE OF SERVICE of writ of garnishment, Clerk's notice of post judgment garnishment and notice of garnishment and instructions to defendant served on Nusource, Inc. and PT Indah Kiat Pulp & Paper Tbk on 12/4/08. Service was made by Mail. Document filed by Export-Import Bank of The United States. (dle) |
| Filing 186 CERTIFICATE OF SERVICE of writ of garnishment, Clerk's notice of post judgment garnishment and notice of garnishment and instructions to defendant served on Japan Pulp and Paper (U.S.A.) Corporation and PTIndah Kiat Pulp & Paper Tbk on 12/5/08. Service was made by Mail. Document filed by Export-Import Bank of The United States. (dle) |
| Filing 185 CERTIFICATE OF SERVICE of writ of garnishment, Clerk's notice of post judgment garnishment and notice of garnishment and instructions to defendant served on Kelly Paper Company and PT Pabrik Kertas Tjiwi Kimia Tbk on 12/4/08. Service was made by Mail. Document filed by Export-Import Bank of The United States. (dle) |
| Filing 184 CERTIFICATE OF SERVICE of writ of garnishment, Clerk's notice of post judgment garnishment and notice of garnishment and instructions to defendant served on CellMark Paper, Inc. and PT Pabrik Kertas Tjiwi Kimia Tbk on 12/4/08. Service was made by M. Document filed by Export-Import Bank of The United States. (dle) |
| Filing 183 CERTIFICATE OF SERVICE of writ of garnishment, Clerk's notice of post judgment garnishment and notice of garnishment and instructions to defendant served on Solaris Paper, Inc. and PT Pindo Deli Pulp and Paper Mills on 12/4/08. Service was made by Mail. Document filed by Export-Import Bank of The United States. (dle) |
| Filing 182 CERTIFICATE OF SERVICE of writ of garnishment clerk's notice of post judgment garnishment and notice of garnishment and instructions to garnishee served on PS Print, LLC, PT Pabrik Kertas Tjiwi Kimia Tbk on 12/4/08. Service was made by Mail. Document filed by Export-Import Bank of The United States. (dle) |
| Filing 181 CERTIFICATE OF SERVICE of writ of garnishment clerk's notice of post judgment garnishment and notice of garnishment and instructions to garnishee served on MacPapers, Inc. and to debtor PT Pabrik Kertas Tjiwi Kimia Tbk c/o Kenneth Puhala on 12/4/08. Service was made by Mail. Document filed by Export-Import Bank of The United States. (dle) |
| Filing 180 CERTIFICATE OF SERVICE of writ of garnishment, Clerk's notice of post judgment garnishment and notice of garnishment and instructions to defendant served on Cathay Bank and to debtor PT Indah Kiat Pulp & Paper Tbk c/o its counsel, Kenneth Puhala on 12/4/08. Service was made by Mail. Document filed by Export-Import Bank of The United States. (dle) |
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Filing 179
ORDER REGARDING THE GRANT IN PART OF THE EX PARTE APPLICATION FOR POST-JUDGMENT REMEDIES IT IS HEREBY ORDERED that counsel for Ex-1m shall, promptly upon receipt of this order, prepare and cause to be served a Notice as provided by 28 U.S.C. 3202(b); and it is further ORDERED that counsel for Ex-1m shall, promptly upon receipt of this order, serve a copy of its Motion to Appoint Receiver/Liquidator upon Defendants' counsel of record; and it is further ORDERED that counsel for Ex-1m shall, no later than December 15, 2008, file with the Court an affidavit indicating the basis for any claim, as required by 28 U.S.C. 3203(e), that there is a substantial danger that property described in its requested Writ[s] will be removed from the jurisdiction of the court, lost, materially injured or damaged or mismanaged; and it is further ORDERED that absent agreement on the entry of an order granting Plaintiff's Motion to Appoint Receiver/Liquidator, a hearing shall be held on said Motion at 11:00 a.m. on Wednesday, December 17, 2008, in Courtroom #2; and it is further ORDERED that counsel for Ex-1m shall, no later than December 15, 2008, file with the Court a statement, with relevant legal authority, attesting to the law of the State of New York with regard to the levy of interest on judgments as provided by 19 U.S.C. 1961(a); and it is further ORDERED that counsel for EX-1m shall, no later than December 15, 2008, file with the Court a statement, with relevant legal authority, indicating why its request for a 10% surcharge pursuant to 28 U.S.C. 30ll(a) is not precluded by 28 U.S.C. 3011 (b) (1), this Court having previously ordered attorneys' fees in this action; and it is further ORDERED that the Plaintiff shall immediately serve Defendants with a copy of this Order, together with copies of its Applications and related documents. (Signed by Judge Donald C. Pogue on 12/3/08) (mme)
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Filing 178
WRIT OF GARNISHMENT Application order for writ of garnishment addressed to Bankit (U.S.A.), Inc. c/o Handy Hioe, Registered Agent and Bankit (U.S.A.), Inc. in costs, expenses and attorneys fees, calculated as of May 22, 2008, plus post-judgment interest as provided by 28 U.S.C. 1961. The balance due on the debt as of September 23, 2008, is $74,854,438.60. (Signed by Judge Donald C. Pogue on 12/3/08) (mme)
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Filing 177
WRIT OF GARNISHMENT Application order for writ of garnishment addressed to PS Print, LLC c/o Corporation Trust Company, Registered Agent and PS Print LLC in costs, expenses and attorneys fees, calculated as of May 22, 2008, plus post-judgment interest as provided by 28 U.S.C. 1961. The balance due on the debt as of September 23, 2008, is $74,854,438.60. (Signed by Judge Donald C. Pogue on 12/3/08) (mme)
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Filing 176
WRIT OF GARNISHMENT Application order for writ of garnishment addressed to Unisource Worldwide, Inc. c/o The Corporation Trust Company, Registered Agent and Unisource Worldwide, Inc. in costs, expenses and attorneys fees, calculated as of May 22, 2008, plus post-judgment interest as provided by 28 U.S.C. 1961. The balance due on the debt as of September 23, 2008, is $74,854,438.60. (Signed by Judge Donald C. Pogue on 12/3/08) (mme)
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Filing 175
WRIT OF GARNISHMENT Application order for writ of garnishment addressed to Cathay Bank c/o Trust Company, Registered Agent and Cathay bank in the amount of $73,402,063.10 plus $950,000 in costs, expenses and attorneys fees, calculated as of May 22, 2008, plus post-judgment interest as provided by 28 U.S.C. 1961. The balance due on the debt as of September 23, 2008, is $74,854,438.60. (Signed by Judge Donald C. Pogue on 12/3/08) (mme)
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Filing 174
WRIT OF GARNISHMENT Application order for writ of garnishment addressed to Japan Pulp and Paper (U.S.A.) Corporation c/o Akio Ando, Registered Agent and Japan Pulp and Paper (U.S.A.) Corporation in the amount of $73,402,063.10 plus $950,000 in costs, expenses and attorneys' fees, calculated as of May 22, 2008, plus post-judgment interest as provided by 28 U.S.C. 1961. The balance due on the debt as of September 23, 2008, is $74,854,438.60. (Signed by Judge Donald C. Pogue on 12/3/08) (mme)
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Filing 173
WRIT OF GARNISHMENT Application order for writ of garnishment addressed to Unisource Worldwide, Inc. c/o The Corporation Trust Company, Registered Agent and Unisource Worldwide, Inc. in the amount of $65, 510,977.23, plus $874,000 in costs, expenses and attorneys' fees, calculated as of May 22, 2008, plus post-judgment interest as provided by 28 U.S.C. 1961. The balance due on the debt as of September 23, 2008, is $66,833,521.42. (Signed by Judge Donald C. Pogue on 12/3/08) (mme)
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Filing 172
WRIT OF GARNISHMENT Application order for writ of garnishment addressed Cellynne Holdings, Inc. c/o March Allegre, Registered Agent and Cellynne Holdings, Inc. in the amount of $65,510,977.23, plus $874,000.00 in costs, expenses and attorneys' fees, calculated as of May 22, 2008, plus post-judgment interest as provided by 28 U.S.C. 1961. The balance due on the debt as of September 23, 2008, is $66,833,521.42. (Signed by Judge Donald C. Pogue on 12/3/08) (mme) Modified on 1/15/2009 (mme).
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Filing 171
WRIT OF GARNISHMENT Application order for writ of garnishment addressed to Corporate Express US Finance, Inc. c/o The Corporation Trust Company, Registered Agent and Corporate Express US Finance, Inc. in the amount of $65,510,977.23, plus $874,000.00 in costs, expenses and attorneys fees, calculated as of May 22, 2008, plus post-judgment interest as provided by 28 U.S.C. 1961. The balance due on the debt as of September 23, 2008, is $66,833,521.42. (Signed by Judge Donald C. Pogue on 12/3/08) (mme) Modified on 1/15/2009 (mme).
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Filing 170
WRIT OF GARNISHMENT Application order for writ of garnishment addressed to Edgewood Paper Company, Inc, and Edgewood Paper Company, Inc. Attention. Legal Department in the amount of $65,510,977.23, plus $874,000.00 in costs, expenses and attorneys fees, calculated as of May 22, 2008, plus post-judgment interest as provided by 28 U.S.C. 1961. The balance due on the debt as of September 23, 2008, is $66,833,521.42. (Signed by Judge Donald C. Pogue on 12/3/08) (mme) Modified on 1/15/2009 (mme).
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Filing 169
WRIT OF GARNISHMENT Application order for writ of garnishment addressed Evereast Enterprise, Inc. c/o Josephine Huang, Registered Agent and Evereast Enterprises, Inc. in the amount of $65,510,977.23, plus $874,000.00 in costs, expenses and attorneys fees, calculated as of May 22, 2008, plus post-judgment interest as provided by 28 U.S.C. 1961. The balance due on the debt as of September 23, 2008, is $66,833,521.42. (Signed by Judge Donald C. Pogue on 12/3/08) (mme) Modified on 1/15/2009 (mme).
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Filing 168
WRIT OF GARNISHMENT Application order for writ of garnishment addressed Japan Pulp and Paper (U.S.A.) Corporation c/o Akio Ando, Registered Agent and Japan Pulp and Paper (U.S.A.) Corporation in the amount of $65,510,977.23, plus $874,000.00 in costs, expenses and attorneys fees, calculated as of May 22, 2008, plus post-judgment interest as provided by 28 U.S.C. 1961. The balance due on the debt as of September 23, 2008, is $66,833,521.42. (Signed by Judge Donald C. Pogue on 12/3/08) (mme) Modified on 1/15/2009 (mme).
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Filing 167
WRIT OF GARNISHMENT Application order for writ of garnishment addressed to Solaris Paper, Inc. c/o InCorp Services, Inc., Registered Agent and Solaris Paper, Inc. in the amount of $65,510,977.23, plus $874,000.00 in costs, expenses and attorneys fees, calculated as of May 22, 2008, plus post-judgment interest as provided by 28 U.S.C. 1961. The balance due on the debt as of September 23, 2008, is $66,833,521.42. (Signed by Judge Donald C. Pogue on 12/3/08) (mme) Modified on 1/15/2009 (mme).
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Filing 166
WRIT OF GARNISHMENT Application order for writ of garnishment addressed to Kelly Paper Company c/o Anthony J. Kennedy, Registered Agent and Kelly Paper Company in the amount of $65, 510,977.23, plus $874,000 in costs, expenses and attorneys fees, calculated as of May 22, 2008, plus post-judgment interest as provided by 28 U.S.C. 1961. The balance due on the debt as of September 23, 2008, is $66,833,521.42. (Signed by Judge Donald C. Pogue on 12/3/08) (mme)
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Filing 165
WIRT OF GARNISHMENT Application order for writ of garnishment addressed to Mac Papers, Inc, c/o Sutton McGehee, Registered Agent and Mac Papers, Inc. in the amount of $65, 510,977.23, plus $874,000 in costs, expenses and attorneys fees, calculated as of May 22, 2008, plus post-judgment interest as provided by 28 U.S.C. 1961. The balance due on the debt as of September 23, 2008, is $66,833,521.42. (Signed by Judge Donald C. Pogue on 12/3/08) (mme)
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Filing 164
WRIT OF GARNISHMENT Application order for writ of garnishment addressed to PS Print, LLC c/o The Corporation Trust Company, Registered Agent and PS Print LLC in the amount of $65, 510,977.23, plus $874,000 in costs, expenses and attorneys fees, calculated as of May 22, 2008, plus post-judgment interest as provided by 28 U.S.C. 1961. The balance due on the debt as of September 23, 2008, is $66,833,521.42. (Signed by Judge Donald C. Pogue on 12/3/08) (mme)
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Filing 163
WRIT OF GARNISHMENT Application order for writ of garnishment addressed to Spicers Paper, Inc. c/o Anthony J. Kennedy, Registered Agent and Spicers Paper, Inc. in the amount of $65, 510,977.23, plus $874,000 in costs, expenses and attorneys fees, calculated as of May 22, 2008, plus post-judgment interest as provided by 28 U.S.C. 1961. The balance due on the debt as of September 23, 2008, is $66,833,521.42. (Signed by Judge Donald C. Pogue on 12/3/08) (mme)
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Filing 162
WRIT OF EXECUTION It is hereby ordered that the Export-Import Bank of the United States, on whose behalf this Order is being issued, is authorized under the supervision and with the assistance of the U.S. Marshal, to take all necessary steps to secure and remove, and levy on and sell the following property, in which PT Pindo Deli Pulp and Paper Mills has a substantial no-exempt interest: cargo expected to arrive at the Port of Tacoma, One Sitcum Plaza, Tacoma WA 98421, on or about December 5, 2008, on the EGLV Maritime Services Inc. (EGLV) vessel Ever Unique (Manifest Numbers 8EIS20081111104103001; 8EIS2008111104005400; 8EIS20081111200500300. (Signed by Judge Donald C. Pogue on 12/3/08) (mme) (mme).
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Filing 161
WRIT OF EXECUTION It is hereby ordered that the Export-Import Bank of the United States, on whose behalf this Order is being issued, is authorized under the supervision and with the assistance of the U.S. Marshal, to take all necessary steps to secure and remove, and levy on and sell the following property, in which PT Pindo Deli Pulp and Papers Mills has a substantial no-exempt interest: cargo expected to arrive at the Port of Savannah, Garden City Terminal, Georgia Ports Authority, Corporate Headquarters, Administration Building, 2 Main Street, Garden City, GA 31408, on or about December 7, 2008, on the Yang Ming Transport Corp. (YMLU) vessel Al Rayyan (Manifest Number YMLU200811800). (Signed by Judge Donald C. Pogue on 12/3/08) (mme)
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| Filing 160 Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for 159 Notice of Appeal, filed by PT Indah Kiat Pulp & Paper TBK, PT Pundo Deli Pulp & Paper Mills, ASIA Pulp & Paper Co., Ltd., PT Pabrik Kertas Tjiwi Kimia TBK USCA Case Number 08-3034, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (nd) |
| Filing 159 NOTICE OF APPEAL from #158 Judgment. Document filed by ASIA Pulp & Paper Co., Ltd., PT Indah Kiat Pulp & Paper TBK, PT Pabrik Kertas Tjiwi Kimia TBK, PT Pundo Deli Pulp & Paper Mills. Filing fee $ 455.00, receipt number E 653914. Copies sent to attorney(s) ofrecord: A.U.S.A. (tp) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 159 Notice of Appeal.(tp) |
| Transmission of Notice of Appeal to the District Judge re: 159 Notice of Appeal,. (tp) |
| Mailed notice of Right to Appeal to Attorney(s) of Record: Nicole L. Gueron, Sarah Elizabeth Light, Kenneth Robert Puhala. (ama) |
| Filing 158 JUDGMENT #08,0923 in favor of Export-Import Bank of The United States against defendants in the total amount of $ 144,201,884.96 plus $1,900,000 in costs, expenses and attorney fees. (Signed by Judge Donald C. Pogue on 5/28/08) (Attachments: #1 NOTICE OF RIGHT TO APPEAL)(ml) |
| Filing 157 TRANSCRIPT of proceedings held on March 12, 2008 before Judge Donald C. Pogue. (rw) |
| Filing 156 TRANSCRIPT of proceedings held on 2/27/08 before Judge Donald C. Pogue. (ae) |
| Filing 155 Answer of Garnishee re: Writ of Continuing Garnishment. Document filed by Deutsche Bank Trust Company Americas. (dle) |
| Filing 154 LETTER addressed to Judge Donald C. Pogue from Sarah E. Light dated 3/6/08 re: Plaintiff the export Import Bank of the United States respectfully submits the attached proposed judgment for the Court's consideration and entry. Document filed by Export-Import Bank of The United States.(js) |
| Filing 153 LETTER addressed to Judge Donald C. Pogue from Kenneth R. Puhala dated 3/6/08 re: For the foregoing reasons, Defendants request that the Court adopt Defendants' proposed Judgment. Document filed by Export-Import Bank of The United States.(js) |
| Filing 150 CERTIFICATE OF SERVICE of Writ of Garnishment, Clerk's Notice of Pre-Judgment Garnishment and Notice of Garnishment and Instructions to Garnishee served on Deutsche Bank Trust Company Americas on 2/28/08. Service was made by mail. Document filed by Export-Import Bank of The United States. (ae) |
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Filing 152
ORDER GRANTING EX PARTE APPLICATION FOR PREJUDGMENT REMEDIES: ORDERED that the Receiver take such steps as are reasonably necessary to sell the property and to preserve it during the period of the Receivership estate, and it is further ORDERED that the Receiver may incur such expenses that are reasonable and necessary to preserve and to sell the property, including but not limited to brokers fees and commissions,utilities, heat, insurance, local taxes, legal fees, accountants fees, and managing agents fees or commissions, and it is further ORDERED that the Receiver provide to the Court, to the parties, and to the attorney for the United States of America, a copy of any proposed contract of sale entered into for property, and it is ORDERED that out of the gross proceeds of the sale the Receiver shall first pay the reasonable and necessary expenses incurred by the Receiver in preserving and selling the property, and it is further ORDERED that the Receiver retain five percent of the gross proceeds of sale as his or her commission and it is ORDERED that PT Pindo Deli Pulp and Paper Mills is restrained from assigning or otherwise transferring its contract rights to third parties pursuant to Section 10.06 of the Asset Purchase Agreement dated January 8, 2008, and/or pursuant to Section 10.6 of the February 5, 2008 Asset Purchase Agreement until further order of the Court and it is ORDERED, that if PT Pindo Deli Pulp and Paper Mills and/or one or more of its related companies supplies satisfactory security in an amount equal to the value of the property subject to the pre-judgment remedies granted by this Order, the Court will entertain a motion by PT Pindo Deli Pulp and Paper Mills to dissolve the writ, and the United States shall have an opportunity to respond. (Signed by Judge Donald C. Pogue on 2/27/08) (jw)
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| Filing 151 LETTER addressed to Judge Donald C. Pogue from Sarah E. Light dated 2/26/2008 re: Plaintiff respectfully submits this letter giving additional detail regarding its application for prejudgment remedies. Document filed by Export-Import Bank of The United States.(jpo) |
| Filing 149 LETTER addressed to Judge Donald C. Pogue from Sarah Light dated 2/26/08 re: Request that this Court hear its application for pre judgment remedies ex part, as soon as possible. Document filed The United States of America.(cd) |
| Filing 148 Ex Parte Application Under Oath For Prejudgment Remedies. Document filed by The United States of America and filed unsigned, as per chambers. (cd) |
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Filing 147
ORDER GRANTING IN PART EX PARTE APPLICATION FOR PREJUDGMENT REMEDIES, that the PT Pindo Deli Pulp and Paper Mills is restrained from assigning or otherwise transferring its contract rights to third parties pursuant to Section 10.06 of the Asset Purchase Agreement dated 1/8/08, and/or pursuant to Section 10.6 of the 2/5/08 Asset Purchase Agreement until further order of the Court....the parties are to appear at the Court of International Trade, One Federal Plaza, NY, on Wednesday, 2/27/08, at 4:00 pm, in Courtroom No. 2, then and thereto show cause why the Plaintiff's Application Under Oath for Prejudgment Remedies shall not be granted in its entirety; Plaintiff shall immediately serve defendant, PT Pindo Deli Pulp and Paper Mills, with a copy of this Order, together with copies of its Application and related documents. (Signed by Judge Donald C. Pogue on 2/26/08) (cd)
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| Filing 146 WRIT OF GARNISHMENT AGAINST PT PINDO DELI PULP AND PAPER MILLS as to Deutshce Bank Trust Company Americas, re summary judgment awarded against the defendant, and as further set forth in this document. (Signed by Judge Donald C. Pogue on 2/27/08) (cd) |
| Filing 145 TRANSCRIPT of proceedings held on 1/22/08 before Judge Donald C. Pogue. (ae) |
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Filing 143
OPINION; granting 81 Motion for Summary Judgment; granting 127 Motion for Summary Judgment. The record here conclusively establishes that Ex-Im made or guaranteed a number of loans to the PIOC's several of which were in turn guaranteed by APP. These loans are now all in default. These facts are undisputed facts and there is insufficient evidence to raise a material question of fact with regard to any special circumstances or legally sufficient affirmative defense. Because neither APP nor the PIOCs can establish the grounds needed for their various affirmative defenses, summary judgment for Ex-Im is therefore appropriate. Judgment will therefore be entered for Ex-Im against APP for the amount of $107,640,070.92 plus additional interest and costs, against PT Indah Kiat Pulp and Paper TBK for $52,438,001.06 plus interest and costs, against PT Pabrik Kertas Tjiwi Kimia TBK for $48,148,935.32 plus interest and costs, against PT Pindo Deli Pulp and Paper Mills for $3,757,966.73 plus interest and costs. The parties are directed to confer and prepare a draft judgment in accordance with this opinion. A draft judgment should be submitted by March 6, 2008, If the parties are unable to agree on an appropriate judgment, each party shall submit its proposed draft judgment by the date specified. It is SO ORDERED. (Signed by Judge Donald C. Pogue on 2/6/2008) (jmi)
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| Filing 142 LETTER addressed to Judge Donald C. Pogue from Kenneth R. Puhala dated 1/31/08 re: On behalf of defendants we write in response to Plaintiff's counsel's letter today, enclosing a copy of a decision dated 1/28/08. The Manhattan Westchester Medical case involved payments from the Treasury that were made as a result of defendants' fraudulent Medicare claims. The United States therefore, was seeking to recover funds that were not authorized to have been paid out of the Treasury only because of defendants fraudulent conduct. Thus, the Manhattan Westchester Medical case falls squarely within the prohibition against raising estoppel defenses in order to retain or receive unauthorized disbursements of Treasury funds. Moreover, the fact that plaintiff is authorized to compromise and forgive debts undermines further Plaintiff's reliance on Manhattan-Westchester Medical. As discussed in the PIOCs' opposition memorandum, at 39-40, after Plaintiff uses funds authorized by Congress, Plaintiff may, without any further congressional authorization and without running a foul of any constitutional or other prohibition, settle or compromise ( or, in a case such as here, be stopped from recovering) debts. (js) |
| Filing 144 LETTER addressed to Judge Donald C. Pogue from Sarah E. Light dated 1/31/2008 re: On January 28, 2008, the United States District Court for the Southern District of New York issued an opinion in United States v. Manhattan-Westchester Medical Services, P.C., et al., 06 Civ. 7905 (WHP). In that case, the Court rejected an asserted affirmative defense of estoppel against the Government in a suit to recover public funds as a matter of law. Document filed by Export-Import Bank of The United States.(jmi) |
| Filing 141 LETTER addressed to Judge Donald C. Pogue from Kenneth R. Puhala dated 1/23/08 re: that on behalf of Defendants, we are writing to respond to Plaintiffs counsels letter dated 1/23/08 regarding the issue of whether plaintiff ahs submitted admissible evidence of payment from Plaintiff to the private banks with respect to 12 of the 13 loans at issue in this case.. Document filed by ASIA Pulp & Paper Co., Ltd., PT Indah Kiat Pulp & Paper TBK, PT Pabrik Kertas Tjiwi Kimia TBK, PT Pundo Deli Pulp & Paper Mills.(pl) |
| Filing 140 LETTER addressed to Judge Donald C. Pogue from Sarah E. Light dated 1/23/08 re: That at oral argument yesterday, the court asked the Export Import Bank of the united States (Ex-Im) to direct the Court to the evidence in the record regarding ex-Ims payments to the private lenders that extend 12 of the 13 loans at issue, and the assignments by the private lenders of their rights to Ex-Im. The Court granted Ex-Im leave to submit the citations in writing. At the Courts requests, we are also filing a copy of this letter with the District Court for the Southern District of New York and we requests that the letter be docketed.. Document filed by Export-Import Bank of The United States.(pl) |
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Filing 139
ENDORSED LETTER addressed to Counsel from Judge Donald C. Pogue dated 1/8/08 re: This Court has scheduled oral argument for January 22, 2008 at 2:00 p.m. Enclosed are questions of concern to the Court. The Court has allocated (25) minutes to each party. Each party may reserve time for rebuttal. ENDORSEMENT: So Ordered. (Signed by Judge Donald C. Pogue on 1/9/08) (js)
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Filing 138
ORDER: Oral Argument set for 1/22/2008 at 11:30 AM before Judge Donald C. Pogue in Courtroom 2, of the U.S. Court of International Trade, One Federal Plaza, New York, NY. Each side shall have twenty-five (25) minutes within which to argue. (Signed by Judge Donald C. Pogue on 12/5/07) (kco)
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| Filing 137 NOTICE OF CASE REASSIGNMENT to Judge Donald C. Pogue. Judge Laura Taylor Swain is no longer assigned to the case. (jeh) |
| Mailed notice to the attorney(s) of record. (jeh) |
| Filing 136 REPLY MEMORANDUM OF LAW in further Support re: 127 MOTION for Summary Judgment. Document filed by Export-Import Bank of The United States. (sn) |
| Filing 135 LOCAL RULE 56.1 STATEMENT OF DISPUTED FACTS AND COUNTER-STATMENT OF FACTS REQUIRING A TRIAL OF DEFENDANTS. Document filed by PT Indah Kiat Pulp & Paper TBK, PT Pabrik Kertas Tjiwi Kimia TBK, PT Pundo Deli Pulp & Paper Mills. (rag) |
| Filing 134 MEMORANDUM OF LAW in Opposition re: 127 MOTION for Summary Judgment.. Document filed by PT Indah Kiat Pulp & Paper TBK, PT Pabrik Kertas Tjiwi Kimia TBK, PT Pundo Deli Pulp & Paper Mills. (rag) . |
| Filing 133 DECLARATION of Bertie M. Mehigan in Opposition re: 127 MOTION for Summary Judgment.. Document filed by ASIA Pulp & Paper Co., Ltd., PT Indah Kiat Pulp & Paper TBK, PT Pabrik Kertas Tjiwi Kimia TBK, PT Pundo Deli Pulp & Paper Mills. (rag) |
| Filing 132 DECLARATION of Ferry Siswojo in Opposition re: 127 MOTION for Summary Judgment.. Document filed by ASIA Pulp & Paper Co., Ltd., PT Indah Kiat Pulp & Paper TBK, PT Pabrik Kertas Tjiwi Kimia TBK, PT Pundo Deli Pulp & Paper Mills. (rag) |
| Filing 131 SECOND SUPPLEMENTAL DECLARATION of Kenneth R. Puhala in Opposition re: 127 MOTION for Summary Judgment.. Document filed by ASIA Pulp & Paper Co., Ltd., PT Indah Kiat Pulp & Paper TBK, PT Pabrik Kertas Tjiwi Kimia TBK, PT Pundo Deli Pulp & Paper Mills. (rag) |
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Filing 130
ENDORSED LETTER addressed to Judge Laura Taylor Swain from Patircia A. Mallette dated 1/16/07 re: Attorney Edward Chang is no longer an attorney for the Government to whom electronic notice of case activity should be sent in this case and request that the Clerk of the court update the Court's CM/ECF records. So Ordered, Attorney Edward Chang terminated. (Signed by Judge Laura Taylor Swain on 1/17/07) (pl)
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| Filing 129 DECLARATION of Michael J. Discenza, Jr. in Support re: 127 MOTION for Summary Judgment.. Document filed by Export-Import Bank of The United States. (jmi, ) |
| Filing 128 MEMORANDUM OF LAW in Support re: 127 MOTION for Summary Judgment.. Document filed by Export-Import Bank of The United States. (jmi, ) |
| Filing 127 MOTION for Summary Judgment including all attachments thereto, the Declaration of Assistant United States Attorney Sarah E. Light, dated November 21, 2006, including all attachments. Document filed by Export-Import Bank of The United States. (jmi, ) |
| Filing 126 ENDORSED LETTER addressed to Judge Laura T. Swain from Sarah E. Light dated 11/8/06 re: a request for an enlargement of the page limitations and to allow the parties to submit a 50 page memorandum of law in support and in opposition to the motion plus a 20 page reply memorandum. Also for the following briefing schedule: motion papers due by 11/21/06, opposition papers due by 1/12/07 and reply papers due by 2/9/07. ENDORSEMENT: The requests are granted. (Signed by Judge Laura Taylor Swain on 11/8/06) (kco, ) |
| Set Deadlines: Motions due by 11/21/2006. Responses due by 1/12/2007. Replies due by 2/9/2007. (kco, ) |
| Filing 125 ANSWER to Second Amended Complaint. Document filed by PT Indah Kiat Pulp & Paper TBK, PT Pabrik Kertas Tjiwi Kimia TBK, PT Pundo Deli Pulp & Paper Mills.(jmi, ) |
| Filing 124 CERTIFICATE OF SERVICE of Summons and Amended Complaint. PT Indah Kiat Pulp & Paper TBK served on 7/28/2006, answer due 8/17/2006; PT Pabrik Kertas Tjiwi Kimia TBK served on 7/28/2006, answer due 8/17/2006; PT Pundo Deli Pulp & Paper Mills served on 7/28/2006, answer due 8/17/2006. Service was made by certified mail. (cd, ) |
| Filing 122 ENDORSED LETTER addressed to Judge Laura T. Swain from Nicole Gueron dated 7/6/06 re: counsel requests that the court direct the APP Subsidiaries either to identify counsel authorized to accept service of the second amended complaint on their behalf or to provide Ex-Im Bank with the exact names and addresses of the individuals who are authorized to accept service of legal papers on behalf of each of the APP Subsidiaries. Application granted. The suggestion of the APP Subsidiaries that no one is authorized to accept service by DHL is frivolous. They shall identify the persons authorized to accept service irrespective of the form of service. (Signed by Judge James C. Francis on 7/20/06) (dle, ) |
| Filing 123 LETTER addressed to Judge Swain from Benjamin P. Deutsch dated 7/6/06 re: response to plaintiff Export-Import Bank of the Untied States' leter dated today requesting that Your Honor order the specially appearing Defendant PT Indah Kiat Pulp & paper TBK, PT Pabrik Kertas Tjiwi Kimia TBK and PT Pindo Deli Pulp & Paper Mills to identify counsel authorized to accept service of the Second Amended Complaint or to provide Plaintiff with the "exact names and addresses of the individuals who are authorized to accept service of legal papers" for the Specially Appearing Indonesian Defendants. Document filed by ASIA Pulp & Paper Co., Ltd..(djc, ) |
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Filing 113
ORDER The Indonesian Defendants' papers in support of their objection not demonstrate that Judge Francis' interpretation and application of F.R.C.P. 4(f)(3) was clearly erroneous or contrary to law. The Court has carefully considered each of the Indonesian Defendants' contentions and finds that none merits vacatur or modification of Judge Francis's order. The Indonesian Defendants' objections are overruled. So Ordered. (Signed by Judge Laura Taylor Swain on 6/14/06) (jco, )
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| Filing 112 DECLARATION of Kenneth R. Puhala in Opposition re: 81 MOTION for Summary Judgment. Document filed by ASIA Pulp & Paper Co., Ltd.. (djc, ) |
| Filing 111 SUR-REPLY MEMORANDUM OF LAW in Opposition to Expert-Import Bank of the United States' Motion for Summary Judgment. Oral Argument Requested. Document filed by ASIA Pulp & Paper Co., Ltd.. (djc, ) |
| Filing 121 fld Index of Exhibits re doc #118. Document filed by ASIA Pulp & Paper Co., Ltd. (previously fld under seal as doc #97) (cd, ) |
| Filing 120 fld Index of Exhibits tot he Declaration of Bertie Mehigan, doc #118). Document filed by ASIA Pulp & Paper Co., Ltd. (previously fld under seal as docket #96) (cd, ) |
| Filing 119 fld Index of Exhibits re doc #118). Document filed by ASIA Pulp & Paper Co., Ltd. (orig fld under seal as doc #95) (cd, ) |
| Filing 118 DECLARATION of Bertie Mehigan in Opposition re: 81 MOTION for Summary Judgment.. Document filed by ASIA Pulp & Paper Co., Ltd. (orig fld under seal as doc #94) (cd, ) |
| Filing 117 MEMORANDUM OF LAW in Opposition re: 81 MOTION for Summary Judgment.. Document filed by ASIA Pulp & Paper Co., Ltd. (orig fld under seal as doc #93) (cd, ) |
| Filing 116 RULE 56.1 STATEMENT. Document filed by ASIA Pulp & Paper Co., Ltd. (orig fld under seal as doc #93) (cd, ) |
| Filing 115 fld Index of Exhibits to doc #114.. Document filed by ASIA Pulp & Paper Co., Ltd. (orig fld under seal as doc #92) (cd, ) |
| Filing 114 DECLARATION of Kenneth Puhala in Opposition re: 81 MOTION for Summary Judgment.. Document filed by ASIA Pulp & Paper Co., Ltd. (orig fld under seal as doc #91) (cd, ) |
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Filing 110
STIPULATION AND ORDER: The opposition papers shall be unsealed and filed publicly with the Court, except as discussed below. APP will replace the publicly filed copy of page 102 of Exhibit J of the Declaration of Ken Puhala, dated March 24, 2006 with a redacted page removing the text of lines 1-12 of that page. APP will also provide replacement pages for the Court's courtesy copies. Exhibit N of the Puhala Declaration will be replaced by a slip sheet stating Exhibit N withheld, until such time as Judge Swain has resolved whether Exhibit N is properly part of the record on summary judgment. Id Judge Swain determines that Exhibit N is part of the record, APP may replace the slip sheet with a copy of Exhibit N. If Judge Swain determines that Exhibit N is not part of the record, the slip sheet will remain in the filed copy of the opposition papers. (Signed by Judge James C. Francis on 5/26/06) (js, )
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| Filing 109 MEMORANDUM OF LAW in Support re: 81 MOTION for Summary Judgment. Document filed by Export-Import Bank of The United States. (db, ) |
| Filing 108 AFFIDAVIT OF SERVICE of memo endorsement served on Benjamin P. Deutsch on 5/11/06. Service was made by e-mail. Document filed by Export-Import Bank of The United States. (dle, ) |
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Filing 107
ENDORSED LETTER addressed to Judge Laura T. Swain from Benjamin P. Deutsch dated 5/9/06 re: Counsel writes to (1) respond to allegations raised in a letter to Your Honor dated 5/4/06 from plaintiff export-import bank of the United States ("Ex-Im") (the "May 4 Letter") and (2) request permission to serve and file a ten page sur-reply brief addressing certain material factual and legal misstatements regarding issues raised for the first time in Ex-Im's twenty-five page reply brief. A 10 page surreply may be served and filed by 5/19/06. A 5-page sur-surreply may be served and filed by 5/24/06. That will be it. The objections to consideration of certain documents are under advisement. So ordered. (Signed by Judge Laura Taylor Swain on 5/11/06) (jco, )
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| Filing 106 ENDORSED LETTER addressed to Judge Taylor Swain from Sarah E. Light dated 5/10/06 re: Counsel writes to request that the Court either (a) exclude Exhibits E and F entirely for not having been produced during discovery or (b) deem them merely additional opinions and commentary offered by Mehigan. 10 pages sur-reply by 5/19/06. 5-page sur-surreply by 5/24/06. No further briefing. Objections to consideration of certain documents remain under advisement. So Ordered. (Signed by Laura Taylor Swain on 5/11/06) (jco, ) Modified on 5/16/2006 (rag, ). |
| Filing 105 SUPPLEMENTAL DECLARATION of Sarah E. Light in Support re: 81 MOTION for Summary Judgment. Document filed by Export-Import Bank of The United States. (djc, ) |
| Filing 104 REPLY MEMORANDUM OF LAW in Further Support re: 81 MOTION for Summary Judgment. Document filed by Export-Import Bank of The United States. (djc, ) |
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Filing 101
ENDORSED LETTER: addressed to Judge Laura Taylor Swain from Benjamin P. Deutsch dated 5/1/2006. ENDORSEMENT: Ex-Im may serve a 25-page reply brief. APP's request for advance permission to file a surreply is denied without prejudice to renewal following service of the reply brief. So Ordered. (Signed by Judge Laura Taylor Swain on 5/1/2006) Copies Faxed By Chambers(lb, )
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| Filing 100 CERTIFICATE OF SERVICE re Memo Endorsed dated 5/1/06 as to plntf's counsel Nicole Gueron. Document filed by ASIA Pulp & Paper Co., Ltd. (cd, ) |
| Filing 103 LETTER addressed to Judge Laura Taylor Swain from Sarah E. Light dated 5/1/06 re: plaintiff writes in opposition to APP's request for a 10-page sur-reply.. Document filed by Export-Import Bank of The United States.(pl, ) |
| Filing 102 LETTER addressed to Judge Laura Taylor Swain from Michael J. Garcia dated 4/28/06 re: request an enlargment of the page Limitation to 35 pages on our reply memorandum of law, which is due on Thursday May 4, 2006.. Document filed by Export-Import Bank of The United States.(pl, ) |
| Filing 99 LETTER addressed to Mag. Judge Francis from Sarah Light and dated 4/13/06 re: response to the April 11, 2006 letter request of APP to unseal its opposition to plaintiff's motion for summary judgment..; Document filed by Export-Import Bank of The United States.(djc, ) |
| Minute Entry for proceedings held before Judge James C. Francis : Telephone Conference held on 4/20/2006. (sac, ) |
| Filing 98 ENDORSED LETTER addressed to Judge Laura T. Swain from Benjamin P. Deutsch dated 4/4/06 re: counsel for dft requests that the court direct Ex-Im to identify those portions of the opposition that it believes can be filed publicly or shared with App's in house legal staff. The request for modification of the stipulation is denied without prejudice to App's ability to challenge the AEO designation(s). Any such application shall be directed to Judge Francis. (Signed by Judge Laura Taylor Swain on 4/4/06) (dle, ) |
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Filing 90
ENDORSED LETTER addressed to Judge Swain from Sarah Light dated 3/30/06 re: counsel requests that the court order defendant App to file under seal its memorandum of law and exhibits in opposition to plaintiff's motion for summary judgment...; App's opposition papers shall be filed under seal.. (Signed by Judge Laura Taylor Swain on 3/30/06) (djc, )
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Filing 89
ORDER: Plaintiff's stay motion is granted. The schedule for submissions in advance of the final pretrial conference will be set, if necessary, following the determination of the summary judgment motion. APP's motion to defer its opposition to the summary judgment motion pending the resolution of outstanding discovery issues is denied as the defense has, among other things, admitted that the disputed discovery is not necessary to enable it to oppose the summary judgment motion. (Signed by Judge Laura Taylor Swain on 3/14/2006) Copies Faxed By Chambers.(lb, )
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Filing 88
ORDER: for reasons further set forth in said Order, defendant APP's objections are overruled, and Magistrate Judge Francis' determinations will stand. (Signed by Judge Laura Taylor Swain on 3/14/06) Copies Faxed by Chambers.(db, )
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| Filing 87 CERTIFICATE OF SERVICE of Memo Endorsement served on Michael J. Gracia, United States Attorney for the Southern District of New York on 2/15/2006. Service was made by e-mail to Sarah E. Light, Esq. and Nicole Gueron, Esq., AUSA. Document filed by ASIA Pulp & Paper Co., Ltd. (jar, ) |
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Filing 86
ENDORSED LETTER addressed to Judge Laura T. Swain from Laura T. Swain dated 2/14/06 re: Counsel writes to request that the Court approve the following summary judgment briefing schedule: APP's opposition 3/24/06, Ex-Im's reply: 5/4/06. The proposed schedule is approved. The 2/17/06 final pretrial conference is adjourned pending further order of the Court. So Ordered. (Signed by Judge Laura Taylor Swain on 2/14/06) (jco, )
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| Filing 85 DECLARATION of Kenneth R. Puhala in Opposition re: 84 MOTION to Stay.. Document filed by ASIA Pulp & Paper Co., Ltd., PT Indah Kiat Pulp & Paper TBK, PT Pabrik Kertas Tjiwi Kimia TBK, PT Pundo Deli Pulp & Paper Mills. (jmi, ) |
| Filing 84 MOTION to Stay. Document filed by Export-Import Bank of The United States. (jco, ) |
| Filing 83 DECLARATION of Michael J. Discenza, Jr. in Support re: 81 MOTION for Summary Judgment. (jco, ) |
| Filing 82 MEMORANDUM OF LAW in Support re: 81 MOTION for Summary Judgment. Document filed by Export-Import Bank of The United States. (jco, ) |
| Filing 81 MOTION for Summary Judgment. Document filed by Export-Import Bank of The United States. (jco, ) |
| Filing 80 EX-IM'S MEMORANDUM OF LAW in Opposition re: 71 MOTION to Compel. MOTION for Extension of Time. MOTION to Compel. MOTION for Extension of Time.. Document filed by Export-Import Bank of The United States. (jmi, ) |
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Filing 79
STIPULATION AND ORDER: That Oaktree and Gramercy will produce documents called for by the subpoenas within five busniss days following the execution of this Stipulation by counsel for Oaktree, Gramercy and defendant APP. The depositions of Oaktree and Gramercy shall be limited in scope to questions concerning communications regarding the Export-Import Bank of the United States (Ex-Im) or Defendants between Oaktree and Gramercy and (i) Ex-Im, Its agents, employees and representatives, and/or (ii) the U.S. Department of State its agents, employees and representatives and/or (iii) any other branch, agency, entity or representative of or within the United States government. (Signed by Judge James C. Francis on 12/8/05) (js, )
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Filing 78
ORDER; the memo and order dated 11/8/05 contained a typographical error, the word "not" is to be inserted in the 8th line from the bottom of page 11. The sentence should read: "An insider's look at the process of restructuring a debt, a process that requires business and financial decisions, doe not implicate the effectiveness of public policies to the same extent." (Signed by Judge James C. Francis on 11/30/05) (kco, )
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| Filing 77 Objection re: #75 Order, Terminate Motions. Document filed by ASIA Pulp & Paper Co., Ltd. (jco, ) |
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Filing 76
ORDER: Ex-Im is ordered to produce Carl Leik's personal journals "that concern the loans, the restructuring or APP," and, if after exhausting the practical means, as opposed to legal means, at its disposal Ex-Im is unable to take possession of the journals from Mr. Leik, APP is granted leave to subpoena Mr. Leik for the journals; APP is granted leave to issue a subpoena to depose William Heidt; Ex-Im is ordered to produce notes Lynette Brown took of meetings regarding APP or cure the deficiencies its priviledge log with regard to Ms. Brown's notes; and APP is granted leave to depose Oaktree and Gramercy. (Signed by Magistrate Judge James C. Francis on 11/17/2005) Copies Mailed By Chambers.(lb, )
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Filing 75
MEMORANDUM AND ORDER; APP's motion to compel is granted to the extent that Ex-Im isordered to produce a revised privilege log. To permit Ex-Im'slawyers time to revise the log, and APP's lawyers to review it'the current 11/30/05, deadline for submission of a pretrialorder is extended to 1/30/06. APP's motion tocompel is otherwise denied.Ex-Im's motion to compel is granted to the extent that APP isordered to disclose the documents it shared with Mr. Tan and otherfinancial advisors. Ex-Im's motion to compel is otherwise denied. Motions terminated: 71 MOTION to Compel. MOTION for Extension of Time. MOTION to Compel. MOTION for Extension of Time, filed by ASIA Pulp & Paper Co., Ltd.; 43 MOTION to Compel,filed by ASIA Pulp & Paper Co., Ltd.; 48 MOTION to Compel, filed by Export-Import Bank of The United States. (Signed by Judge James C. Francis on 11/8/05) (sac, )
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| Filing 74 REPLY MEMORANDUM OF LAW in Support re: 71 MOTION to Compel. MOTION for Extension of Time. MOTION for Extension of Time., 43 MOTION to Compel.. Document filed by ASIA Pulp & Paper Co., Ltd.. (jmi, ) |
| Filing 73 DECLARATION of Benjamin P. Deutsch in Support re: 71 MOTION to Compel. MOTION for Extension of Time. MOTION for Extension of Time. Document filed by ASIA Pulp & Paper Co., Ltd.. (sac, ) |
| Filing 72 MEMORANDUM OF LAW in Support re: 71 MOTION to Compel. MOTION for Extension of Time. MOTION for Extension of Time.. Document filed by ASIA Pulp & Paper Co., Ltd.. (sac, ) |
| Filing 71 NOTICE OF MOTION for an order, to extend discovery for 30 to 60 days for the limited purpose of allowing APP to secure documents and three depositions which were sought but not obtained prior to the close of discovery; and, for an order, compelling discovery. Document filed by ASIA Pulp & Paper Co., Ltd.. (sac, ) |
| Filing 70 DECLARATION of AUSA Nicole Gueron. Document filed by Export-Import Bank of The United States. (jmi, ) |
| Filing 69 SPECIALLY APPEARING NON-PARTY THE UNITED STATES DEPARTMENT OF STATE'S MEMORANDUM OF LAW in Opposition to APP'S motion to extend and compel discovery. Document filed by Export-Import Bank of The United States. (jmi, ) |
| Filing 68 EX-IM'S MEMORANDUM OF LAW in Opposition to APP'S Motion to extend and compel discovery. Document filed by Export-Import Bank of The United States. (jmi, ) |
| Filing 67 ENDORSED LETTER addressed to Judge Francis from Benjamin Deutsch dated 7/27/05: counsel may file a motion addressing all of the relief requested in this letter. Counsel are reminded that costs, including attys' fees. may be shifted purs to Rule 37(a)(4) if the motion is not substantially justified. Among other things, counsel should consider (and address) whether the discovery requests are timely. (Signed by Judge James C. Francis on 8/1/05) (cd, ) |
| Filing 66 ENDORSED LETTER addressed to Magistrate Judge Francis from Benjamin P. Deutsch dated 7/6/05 re: request for an extension of the discovery cut-off date as well as a corresponding extension of the deadline for filing summary judgment motions. The application to take Mr. Hess' deposition on or before 7/25/05 is granted. The application to extend the discovery schedule generally is denied. The deadlines for dispositive motions shall be held in abeyance pending his determination of the pending discovery motions and any subsequent discovery that his ruling may necessitate (Signed by Judge James C. Francis on 7/6/05) (yv, ) |
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Filing 65
REVISED SCHEDULING ORDER:Dispositive Motions due by 7/21/2005. Responses due by 9/9/2005 Replies due by 10/6/2005. Final Pretrial Conference set for 2/17/2006 02:00 PM before Magistrate Judge James C. Francis. (Signed by Judge James C. Francis on 6/22/05) (cd, )
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| Filing 64 REPLY MEMORANDUM OF LAW in Further Support of Plaintiff's re: 48 MOTION to Compel.. Document filed by Export-Import Bank of The United States. (jmi, ) |
| Filing 63 DECLARATION of Nicole Gueron in Support re: 48 MOTION to Compel.. Document filed by Export-Import Bank of The United States. (jmi, ) |
| Filing 62 DECLARATION of Benjamin P. Deutsch. Document filed by ASIA Pulp & Paper Co., Ltd.. (jmi, ) |
| Filing 61 REPLY MEMORANDUM OF LAW in Support re: 43 MOTION to Compel.. Document filed by ASIA Pulp & Paper Co., Ltd.. (jmi, ) |
| Filing 58 RESPONSE re: 42 Objection (non-motion), Objection (non-motion). Document filed by Export-Import Bank of The United States. (yv, ) |
| Filing 52 ENDORSED LETTER addressed to James C. Francis from Sarah Light dated 6/6/05 re: application granted; Ex-Im granted permission to file an enlarged, 40 page brief in opposition to APP's motion to compel. (Signed by Judge James C. Francis on 6/6/05) (pl, ) |
| Filing 60 DECLARATION of Sarah Light in Support re: 59 Memorandum of Law in Oppisition to Motion. Document filed by Export-Import Bank of The United States. (Filed in the night deposit on 6/6/05 at 8:07 p.m.)(ae, ) |
| Filing 59 MEMORANDUM OF LAW in Opposition re: 43 MOTION to Compel. Document filed by Export-Import Bank of The United States. (Filed in the night deposit on 6/6/05 at 8:07 p.m.)(ae, ) |
| Filing 57 DECLARATION of Sarah E. Light in Support of re: 56 Memorandum of Law in Oppisition to Motion to Compel. Filed by Non-Party State Department. (Filed in the night deposit on 6/6/05 at 8:07 p.m.) (ae, ) |
| Filing 56 MEMORANDUM OF LAW in Opposition re: 48 MOTION to Compel.. Filed by Non-Party State Department (Filed in the night deposit on 6/6/05 at 8:19 p.m.) (ae, ) |
| Filing 55 DECLARATION of Ferry Siswojo Djongianto in Opposition re: 48 MOTION to Compel.. Document filed by ASIA Pulp & Paper Co., Ltd.. (Filed in the night deposit on 6/6/05 at 8:19 p.m.) (ae, ) |
| Filing 54 DECLARATION of Kenneth R. Puhala in Opposition re: 48 MOTION to Compel.. Document filed by ASIA Pulp & Paper Co., Ltd.. (Filed in the night deposit on 6/6/05 at 8:19 p.m.) (ae, ) |
| Filing 53 RESPONSE in Opposition re: 48 MOTION to Compel.. Document filed by ASIA Pulp & Paper Co., Ltd. (Filed in the night deposit on 6/6/05 at 8:20 p.m.) (ae, ) |
| Filing 51 DECLARATION of Nicole Gueron in Support re: 48 MOTION to Compel. Document filed by Export-Import Bank of The United States. PART II. Received in night deposit box on 5/25/05 at 6:25 p.m. (db, ) |
| Filing 50 DECLARATION of Nicole Gueron in Support re: 48 MOTION to Compel. Document filed by Export-Import Bank of The United States. PART I. Received in night deposit box on 5/25/05 at 6:25 p.m. (db, ) |
| Filing 49 MEMORANDUM OF LAW in Support re: 48 MOTION to Compel. Document filed by Export-Import Bank of The United States. Received in night deposit box on 5/25/05 at 6:25 p.m. (db, ) |
| Filing 48 MOTION to Compelling defendant Asia Pulp & Paper Co., Ltd. to produce documents. Document filed by Export-Import Bank of The United States. Received in night deposit box on 5/25/05 at 6:25 p.m. (db, ) |
| Filing 47 DECLARATION of Kenneth R. Puhala in Support re: 43 MOTION to Compel. Document filed by ASIA Pulp & Paper Co., Ltd. Received in night deposit box on 5/25/05 at 9:53 p.m. VOLUME III. (db, ) |
| Filing 46 DECLARATION of Kenneth R. Puhala in Support re: 43 MOTION to Compel. Document filed by ASIA Pulp & Paper Co., Ltd. Received in night deposit box on 5/25/05 at 9:53 p.m. VOLUME II. (db, ) |
| Filing 45 DECLARATION of Kenneth R. Puhala in Support re: 43 MOTION to Compel. Document filed by ASIA Pulp & Paper Co., Ltd. Received in night deposit box on 5/25/05 at 9:53 p.m. VOLUME I. (db, ) |
| Filing 44 MEMORANDUM OF LAW in Support re: 43 MOTION to Compel. Document filed by ASIA Pulp & Paper Co., Ltd. (db, ) |
| Filing 43 MOTION Compelling plaintiff Export-Import Bank of the United States to produce documents listed as items 1-7 in said Motion. Document filed by ASIA Pulp & Paper Co., Ltd. Received in night deposit box on 5/25/05 aT 9:53 p.m. (db, ) |
| Filing 42 Objection to Magistrate Judge's Memorandum and Order dated 5/11/05 incorrectly authorizing service in a manner that is offensive to the Republic of Indonesia. Document filed by PT Indah Kiat Pulp & Paper TBK, PT Pabrik Kertas Tjiwi Kimia TBK, PT Pundo Deli Pulp & Paper Mills. (sac, ) |
| Set Deadlines/Hearings: Discovery due by 7/19/2005. (djc, ) |
| Filing 41 ENDORSED LETTER addressed to Mag. Judge Francis from Sarah Light dated 5/17/05 re: parties request that the court excuse the parties from the Rule 37.2 premotion conference requirements, and propose the following briefing schedule for the discovery motions; Motions due: Wednesday, May 25, 2005; opposition papers due 06/06/05; reply papers due 06/13/05; the discovery deadline is extended to July 19, 2005 solely for purpose of resolving the pending privilege issues. Absent extraordinary circumstances, there will be no futher extensions. The above scheduling for briefing the privilege issues is adopted. (Signed by Judge James C. Francis on 5/17/05) (djc, ) |
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Filing 40
ORDER granting 27 Motion for Leave to File Document, granting 27 Motion . For the reasons set forth above, the plaintiff's motion to declare service valid nunc pro tunc and for leave to serve the Second Amended Complaint by DHL international courier is granted. So Ordered.(Signed by Judge James C. Francis on 5/11/05) (jco, )
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| Filing 39 ENDORSED LETTER addressed to Judge Francis from Benjamin Deutsch dated 5/9/05: 7/21/05 plntf's motion for summary judgment must be served and fld; 9/9/05 deft's opposition must be served and fld; 10/6/05 plntf's reply must be served and fld by this date. (Signed by Judge Kevin Nathaniel Fox on 5/10/05) (cd, ) |
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Filing 38
STIPULATION AND ORDER; regarding foreign deposition of plaitniff's Hong Kong witness to proceed as stated in this order. (Signed by Magistrate Judge James C. Francis on 5/10/05) (sac, )
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| Filing 37 TRANSCRIPT of proceedings held on 3/23/05 before Judge James C. Francis. (cd, ) |
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Filing 36
STIPULATION AND ORDER; regarding procedures to be followed that shall govern the handling of foreign depositions. (Signed by Judge James C. Francis on 4/1/2005) (jp, )
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| Filing 35 DECLARATION of Kenneth R. Puhala in Opposition re: 27 MOTION for Leave to File second amended complaint. MOTION declaring servuce upon defenangs Indah iat, jiwi Kimia and Pindo Deli valid nunc pro tunc;. MOTION declaring servuce upon defenangs Indah iat, jiwi Kimia and Pindo Deli valid nunc pro tunc;.. Document filed by PT Indah Kiat Pulp & Paper TBK, PT Pabrik Kertas Tjiwi Kimia TBK, PT Pundo Deli Pulp & Paper Mills. (sac, ) |
| Filing 34 DECLARATION of Marx Andryan in Opposition re: 27 MOTION for Leave to File second amended complaint. MOTION declaring servuce upon defenangs Indah iat, jiwi Kimia and Pindo Deli valid nunc pro tunc;. MOTION declaring servuce upon defenangs Indah iat, jiwi Kimia and Pindo Deli valid nunc pro tunc;.. Document filed by PT Indah Kiat Pulp & Paper TBK, PT Pabrik Kertas Tjiwi Kimia TBK, PT Pundo Deli Pulp & Paper Mills. (sac, ) |
| Filing 33 MEMORANDUM OF LAW in Opposition re: 27 MOTION for Leave to File second amended complaint. MOTION declaring servuce upon defenangs Indah iat, jiwi Kimia and Pindo Deli valid nunc pro tunc;. MOTION declaring servuce upon defenangs Indah iat, jiwi Kimia and Pindo Deli valid nunc pro tunc;.. Document filed by PT Indah Kiat Pulp & Paper TBK, PT Pabrik Kertas Tjiwi Kimia TBK, PT Pundo Deli Pulp & Paper Mills. (sac, ) |
| Filing 32 SUPPLEMENTAL DECLARATION of Sarah E. Light in FURHTER Support re: 27 MOTION for Leave to File second amended complaint. MOTION declaring servuce upon defenangs Indah iat, jiwi Kimia and Pindo Deli valid nunc pro tunc;. MOTION declaring servuce upon defenangs Indah iat, jiwi Kimia and Pindo Deli valid nunc pro tunc;.. Document filed by Export-Import Bank of The United States. (pl, ) |
| Filing 31 REPLY MEMORANDUM OF LAW in further Support re: 27 MOTION for Leave to File second amended complaint. MOTION declaring servuce upon defenangs Indah iat, jiwi Kimia and Pindo Deli valid nunc pro tunc;. MOTION declaring servuce upon defenangs Indah iat, jiwi Kimia and Pindo Deli valid nunc pro tunc;.. Document filed by Export-Import Bank of The United States. (pl, ) |
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Filing 30
STIPULATION AND ORDER that shall govern the procedures to be followed when handling confidential materials. (Signed by Judge James C. Francis on 1/14/05) (dle, )
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| Filing 29 ANSWER to Second Amended Complaint. Document filed by ASIA Pulp & Paper Co., Ltd..(jmi, ) |
| Filing 28 MEMORANDUM OF LAW in Support re: 27 MOTION for Leave to File second amended complaint. MOTION declaring servuce upon defenangs Indah iat, jiwi Kimia and Pindo Deli valid nunc pro tunc;. MOTION declaring servuce upon defenangs Indah iat, jiwi Kimia and Pindo Deli valid nunc pro tunc;.. Document filed by Export-Import Bank of The United States. (djc, ) |
| Filing 27 MOTION for Leave to serve second amended complaint., MOTION declaring service upon defendants Indah Kiat, jiwi Kimia and Pindo Deli valid nunc pro tunc; Document filed by Export-Import Bank of The United States. Attached is Light Declaration. (djc, ) |
| Filing 26 ENDORSED LETTER addressed to Magistrate Judge James C. Francis, IV from Sarah E. Light dated 12/16/04 re: Application GRANTED. discovery deadline is extended to 4/29/05. (Signed by Judge James C. Francis on 12/21/04) (db, ) |
| Set/Reset Deadlines: Discovery due by 4/29/2005. (db, ) |
| Filing 25 SECOND AMENDED COMPLAINT against ASIA Pulp & Paper Co., Ltd., PT Indah Kiat Pulp & Paper TBK, PT Pabrik Kertas Tjiwi Kimia TBK, PT Pundo Deli Pulp & Paper Mills.Document filed by Export-Import Bank of The United States.(jp, ) |
| Filing 24 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Sarah E. Light dated 12/6/04 re: plaintiff may file the proposed second amended complaint. The anticipated motions regarding service should be directed to me. (Signed by Judge James C. Francis on 12/9/04) (db, ) |
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Filing 23
CONFIDENTIALITY STIPULATION AND ORDER pursuant to the provisions of Federal Rule of Civil Procedure 26(c), the Court enters this confidentiality stipulation and order upon the joint motion of Defendant Asia Pulp and Paper CO., LTD and Plaintiff Export-Import Bank of the United Stated for the purpose of assuring the confidentiality of certain information that may be disclosed in the course of discovery proceedings. (Signed by Judge James C. Francis on 12/2/2004) (jsa, )
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| Filing 22 CERTIFICATE OF SERVICE of memo endorsement served on Benjamin P. Deutsch on 11/16/04. Service was made by facsimile. Document filed by Export-Import Bank of The United States. (dle, ) Modified on 11/22/2004 (dle, ). |
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Filing 21
ENDORSED LETTER addressed to Judge Swain from Sarah E. Light dated 11/12/04 re: clarification of the schedule for expert discovery in this matter. ExIm's reading of the scheduling order is correct -- "plaintiff" means the party with the burden of proof on the issue in question (Signed by Judge Laura Taylor Swain on 11/15/04) Copies faxed by Chambers.(yv, )
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Filing 20
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Francis. Referred to Magistrate Judge James C. Francis. (Signed by Judge Laura Taylor Swain on 6/17/04) (rag, )
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Filing 19
SCHEDULING ORDER: Pursuant to pretrial conference held on 6/17/2004 Deposition due by 2/28/2005. Discovery due by 1/31/2005. Final Pretrial Conference set for 8/5/2005 10:00 AM before Judge Laura Taylor Swain. (Signed by Judge Laura Taylor Swain on 6/17/2004) Copies given by Chambers.(jsa, )
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| Set Deadlines/Hearings: Pretrial Conference set for 8/5/2005 10:00 AM before Judge Laura Taylor Swain. (kw, ) |
| Minute Entry for proceedings held before Judge Laura Taylor Swain : Interim Pretrial Conference held on 6/17/2004. (kw, ) |
| MEMORANDUM TO THE DOCKET CLERK: for proceedings held before Judge Laura Taylor Swain : Interim Pretrial Conference held on 6/17/2004. Parties referred to MJ for GPT - PTC adj to 8/5/05 at 10:00 a.m. (kw, ) |
| Filing 18 JOINT PRELIMINARY PRE-CONFERENCE STATEMENT. Document filed by ASIA Pulp & Paper Co., Ltd., Export-Import Bank of The United States. (sac, ) |
| Filing 17 ANSWER to First Amended Complaint. Document filed by ASIA Pulp & Paper Co., Ltd.. Related document: 3 Amended Complaint, filed by Export-Import Bank of The United States.(pl, ) |
| Filing 16 RULE 7.1 DISCLOSURE STATEMENT. Document filed by ASIA Pulp & Paper Co., Ltd..(pl, ) |
| Filing 15 CERTIFICATE OF SERVICE of memo endorsement served on plaintiff's counsel, David Kelley on 4/9/04. Service was made by facsimile. Document filed by ASIA Pulp & Paper Co., Ltd.. (dle, ) |
| Filing 14 ENDORSED LETTER addressed to Judge Laura T. Swain from Kenneth Puhala dated 4/8/04 re: counsel for dft Asia Pulp & Paper requests an extension of time for APP to answer or move with respect to the first amended complaint from 4/15/04 to 5/6/04. The requests are granted. The conference is adjourned to 6/17/04 at 3:00 p.m.. Copies faxed by chambers. (Signed by Judge Laura Taylor Swain on 4/8/04) (dle, ) |
| Set Answer Due Date purs. to 14 Endorsed Letter, as to ASIA Pulp & Paper Co., Ltd. answer due on 6/17/2004. (dle, ) |
| Filing 13 PROOF OF SERVICE of Summons and Amended Complaint. ASIA Pulp & Paper Co., Ltd. served on 3/26/2004, answer due 4/15/2004. Service was made by MAIL. Document filed by Export-Import Bank of The United States. (jco, ) |
| Filing 12 CLERK CERTIFICATE OF MAILING of Summons and Complaint mailed to PT Pabrik Kertas Tjiwi Kimia Tbk at the following address: PT Pabrik Kertas Tjiwi Kimia Tbk Plaza BII, Tower 1, 8th Floor, JI MH, Thamrin Kav 22, Jakarta, 10350 Indonesia on 3/12/04 by Registered Mail # RB 632 993 825. (ps, ) |
| Filing 11 CLERK CERTIFICATE OF MAILING of Summons and Complaint mailed to PT Indah Kiat Pulp & Paper Tbk at the following address: PT Indah Kiat Pulp and Paper Tbk Plaza BII, Tower 1, 8th Floor, JI Mh, Thamrin Kav 22, Jakarta, 10350 Indonesia on 3/12/04 by Registered Mail # RB 632 993 817. (ps, ) |
| Filing 10 CLERK CERTIFICATE OF MAILING of Summons and Complaint mailed to PT Pindo Deli Pulp and Paper Mills at the following address: PT Pindo Deli Pulp and Paper Mills Plaza BII Tower 1, 8th Fl. JI MH, Thamrin Kav 22, Jakarta, 10350 Indonesia on 3/12/04 by Registered Mail # RB 632 993 803. (ps, ) |
| Filing 9 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. ASIA Pulp & Paper Co., Ltd. served on 2/20/2004, answer due 3/11/2004. Service was accepted by Aixa Flores, Process Specialist. Document filed by Export-Import Bank of The United States. (pl, ) |
| Filing 8 PROOF OF SERVICE of Summons and Complaint. ASIA Pulp & Paper Co., Ltd. served on 2/20/2004, answer due 3/11/2004. Service was accepted by CT Corporation Systems. Document filed by Export-Import Bank of The United States. (pl, ) |
| Filing 7 CLERK CERTIFICATE OF MAILING of Summons and First Amended Complaint mailed to PT Pabrik Kertas Tjiwi Kimia Tbk. at the following address:, Jalan Raya Serpong, KM 8, Tangerang 15310, Indonesia on Wisma Indah Kiat by Registered Mail # RB 632 971 895. (ps, ) |
| Filing 6 CLERK CERTIFICATE OF MAILING of Summons and First Amended Complaint mailed to PT Pindo Deli Pulp and Paper Mills at the following address: PT Pindo Deli Pulp and Paper Mills Gedung A, Wisma Indah Kiat, KM. 8, Jalan Raya Serpong, Tangerang, West Java 15310 Indonesia on 2/23/04 by Registered Mail # RB 632 971 887. (ps, ) |
| Filing 5 CLERK CERTIFICATE OF MAILING of Summons and First Amended Complaint mailed to PT Indah Kiat Pulp and Paper Tbk. at the following address: PT Indah Kiat Pulp and Paper Tbk. Wima Indah Kiat, Gedung B, KM 8 JL. Raya Serpong, Tangerang, Jawa Barat Indonesia on 2/23/04 by Registered Mail # RB 632 971 873. (ps, ) |
| Filing 3 AMENDED COMPLAINT amending 1 Complaint against ASIA Pulp & Paper Co., Ltd., PT Indah Kiat Pulp & Paper TBK, PT Pabrik Kertas Tjiwi Kimia TBK, PT Pundo Deli Pulp & Paper Mills.Document filed by Export-Import Bank of The United States. Related document: 1 Complaint.(dle, ) |
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Filing 4
ENDORSED LETTER addressed to Judge Laura Taylor Swain from Sarah E. Light dated 2/11/04 re: Counsel for plaintiff seeks to recover over $100 million from defendants Asia Pulp & Paper, Indah Kiat, Tjiwi Kimia and Pindo Deli, multinational corporations with principal places of business outside of the U.S. The Government respectfully writes to request a two-month adjournment of (1) the date of the iniital conference (2) the deadline for serving the Preliminary Pretrial Order upon defendants nunc pro tunc, and (3) the deadline for filing the Pre-Conference Statement. The foregoing requests are granted. The initial pretrial conference is adjourned to 4/23/04 at 4:00 p.m. and the related deadlines are modified accordingly. So Ordered. (Signed by Judge Laura Taylor Swain on 2/17/04) "Copies Faxed By Chambers".(jco, )
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| Pretrial Conference set for 4/23/2004 04:00 PM before Judge Laura Taylor Swain. (Signed by Judge Laura Taylor Swain on 2/17/04) (jco, ) |
| SUMMONS ISSUED as to ASIA Pulp & Paper Co., Ltd., PT Indah Kiat Pulp & Paper TBK, PT Pabrik Kertas Tjiwi Kimia TBK, PT Pundo Deli Pulp & Paper Mills. (dle, ) |
| Set Answer Due Date re: 3 Amended Complaint, as to ASIA Pulp & Paper Co., Ltd. answer due on 2/27/2004; PT Indah Kiat Pulp & Paper TBK answer due on 2/27/2004; PT Pabrik Kertas Tjiwi Kimia TBK answer due on 2/27/2004; PT Pundo Deli Pulp & Paper Mills answer due on 2/27/2004. (dle, ) |
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Filing 2
PRELIMINARY PRETRIAL ORDER, a pretrial conference shall be held in this matter on 2/20/04 at 10:15 a.m. in courtroom #444, 40 Foley Square as further set forth in this order . signed by Judge Laura T. Swain ) Copies mailed by chambers. (dle)
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| Filing 1 COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). . (laq) |
| Magistrate Judge James C. Francis is so designated. (laq) |
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