Convergia Networks, Inc. et al v. Huawei Technologies Co., Ltd. et al
Plaintiff: Convergia Networks, Inc. and Future Electronics, Inc.
Defendant: Huawei Technologies Co., Ltd. and Futurewei Technologies, Inc.
Case Number: 1:2006cv06191
Filed: August 15, 2006
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: P Kevin Castel
Nature of Suit: Other Statutory Actions
Cause of Action: 09 U.S.C. § 201 Enforcement of Convention
Jury Demanded By: Plaintiff
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This docket was last retrieved on October 26, 2012. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 26, 2012 Filing 54 SEALED MATERIALS RETRIEVED: Document(s) 31 were retrieved on 10/26/2012.(nm)
October 24, 2012 Filing 53 NOTICE TO ATTORNEY TO RETRIEVE SEALED MATERIAL: Notice to the attorney of record for the filing party to retrieve sealed document number 31 within thirty (30) days, or the Court will dispose of them. Sealed Records Retrieval due by 11/26/2012. (nm)
March 24, 2009 Filing 52 LETTER addressed to Judge P. Kevin Castel from Michael E. Vathilakis dated 2/27/2009 re: Requesting that the Court refrain from reopening the matter. Document filed by Convergia Networks, Inc.(jpo)
February 27, 2009 Opinion or Order Filing 51 ENDORSED LETTER addressed to Judge P. Kevin Castel from Scott Louis Weber dated 2/23/2009 re: Requesting that Your Honor reopen the matter to allow Patton Boggs seek appropriate relief and ensure full compliance with the terms of the final award and the memorandum and order. ENDORSEMENT: Application Denied. Nothing in Mr. Weber's letter of 2/23/2009 explain why the proper and available remedy for the non-party law firm is anything other than for it to commence a plenary action in a proper form against the client or to assert rights in that form under the arbitral award. There is not now nor has there (have) been a pending claim between the law firm and client before the Court. (Signed by Judge P. Kevin Castel on 2/26/2009) (jpo)
October 30, 2008 Filing 50 CLERK'S JUDGMENT That for the reasons stated in the Court's Memorandum and Order dated October 29, 2008, plaintiffs' motion for partial vacatur of the arbitration award is denied; defendants' motion to confirm the Final Award of December 14, 2007 and Partial Award of September 12, 2007 is granted; and the Court confirms the Final Award and Partial Award in their entirety. (Signed by J. Michael McMahon, clerk on 10/30/08) (Attachments: #1 notice of right to appeal)(ml)
October 30, 2008 Opinion or Order Filing 49 MEMORANDUM AND ORDER: Plaintiffs' Motion for partial vacatur of the arbitration award is denied. Defendants' Motion to confirm the Final Award of December 14, 2007, and Partial Award of September 12, 2007 is granted. Pursuant to 9 U.S.C. 207, I confirm the Final Award and Partial Award in their entirety. The Clerk is directed to enter Judgment in this action. (Signed by Judge P. Kevin Castel on 10/29/08) (tro)
October 30, 2008 Transmission to Judgments and Orders Clerk. Transmitted re: #49 Order on Motion to Confirm Arbitration, Order on Motion to Vacate Arbitration, to the Judgments and Orders Clerk. (tro)
June 18, 2008 Filing 48 REPLY to Response to Motion re: #34 MOTION to Confirm Arbitration and Opposition to Convergias Motion for Partial Vacatur and Partial Denial of Recognition and Enforcement of I.C.D.R. Arbitration Award Dated December 14, 2007. Rejoinder to Surreply (Doc. No. 47). Document filed by Huawei Technologies Co., Ltd., Futurewei Technologies, Inc.. (Bull, Ryan)
June 12, 2008 Filing 47 REPLY to Response to Motion re: #34 MOTION to Confirm Arbitration and Opposition to Convergias Motion for Partial Vacatur and Partial Denial of Recognition and Enforcement of I.C.D.R. Arbitration Award Dated December 14, 2007. Sur-Reply Memorandum of Law in Opposition to Reply Memorandum of Law in Further Support of Cross Motion to Confirm Arbitral Awards. Document filed by Convergia Networks, Inc., Future Electronics, Inc.. (Mancini, A.)
May 30, 2008 Opinion or Order Filing 46 ENDORSED LETTER addressed to Judge Kevin P. Castel from A. John P. Mancini dated 5/30/2008 re: Counsel respectfully request permission to file a Sur-reply Memorandum of Law in Opposition to Huawei's Reply, also request an oral argument on their motion. ENDORSEMENT: Plaintiff may sur-reply by June 12. Defendants may sur-sur reply by June 18. So Ordered. (Signed by Judge P. Kevin Castel on 5/30/2008) (jfe)
May 19, 2008 Filing 45 REPLY AFFIDAVIT of Ryan E. Bull in Support re: #34 MOTION to Confirm Arbitration and Opposition to Convergias Motion for Partial Vacatur and Partial Denial of Recognition and Enforcement of I.C.D.R. Arbitration Award Dated December 14, 2007.. Document filed by Huawei Technologies Co., Ltd., Futurewei Technologies, Inc.. (Attachments: #1 Exhibit 1: Hearing Excerpts, #2 Exhibit 2: ICDR Rules, #3 Exhibit 3: Redfern Excerpts, #4 Exhibit 4: ICC Rules, #5 Exhibit 5: Born Excerpts)(Bull, Ryan)
May 19, 2008 Filing 44 REPLY MEMORANDUM OF LAW in Support re: #34 MOTION to Confirm Arbitration and Opposition to Convergias Motion for Partial Vacatur and Partial Denial of Recognition and Enforcement of I.C.D.R. Arbitration Award Dated December 14, 2007.. Document filed by Huawei Technologies Co., Ltd., Futurewei Technologies, Inc.. (Bull, Ryan)
May 5, 2008 Filing 43 CERTIFICATE OF SERVICE. Document filed by Convergia Networks, Inc., Future Electronics, Inc.. (Mancini, A.)
May 5, 2008 Filing 42 MEMORANDUM OF LAW in Opposition re: #34 MOTION to Confirm Arbitration and Opposition to Convergias Motion for Partial Vacatur and Partial Denial of Recognition and Enforcement of I.C.D.R. Arbitration Award Dated December 14, 2007. and in Reply to Memorandum of Law in Opposition to COnvergia's Motion for Partial Vacatur and Partial Denial of Recognition and Enforcement of I.C.D.R. Arbitration Award Dated December 14, 2007. Document filed by Convergia Networks, Inc., Future Electronics, Inc.. (Mancini, A.)
May 5, 2008 Filing 41 DECLARATION of A. John P. Mancini in Support re: #22 MOTION to Vacate Arbitration Directing The Partial Vacatur and Partial Denial of Recognition and Enforcement of a Certain I.C.D.R. Arbitration Award, dated December 14, 2007., #34 MOTION to Confirm Arbitration and Opposition to Convergias Motion for Partial Vacatur and Partial Denial of Recognition and Enforcement of I.C.D.R. Arbitration Award Dated December 14, 2007.. Document filed by Convergia Networks, Inc., Future Electronics, Inc.. (Mancini, A.)
April 15, 2008 Filing 40 NOTICE OF APPEARANCE by Ryan E. Bull on behalf of Huawei Technologies Co., Ltd., Futurewei Technologies, Inc. (Bull, Ryan)
April 15, 2008 Filing 39 NOTICE OF APPEARANCE by Jay L. Alexander on behalf of Huawei Technologies Co., Ltd., Futurewei Technologies, Inc. (Alexander, Jay)
April 15, 2008 Filing 36 DECLARATION of Seth T. Taube in Support re: #34 MOTION to Confirm Arbitration and Opposition to Convergias Motion for Partial Vacatur and Partial Denial of Recognition and Enforcement of I.C.D.R. Arbitration Award Dated December 14, 2007.. Document filed by Huawei Technologies Co., Ltd., Futurewei Technologies, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2 - part 1 of 2, #3 Exhibit 2 - part 2 of 2, #4 Exhibit 3, #5 Exhibits 4 - 6, #6 Exhibits 7 - 12, #7 Exhibits 13 - 17)(Taube, Seth)
April 15, 2008 Filing 35 MEMORANDUM OF LAW in Support re: #34 MOTION to Confirm Arbitration and Opposition to Convergias Motion for Partial Vacatur and Partial Denial of Recognition and Enforcement of I.C.D.R. Arbitration Award Dated December 14, 2007.. Document filed by Huawei Technologies Co., Ltd., Futurewei Technologies, Inc.. (Taube, Seth)
April 15, 2008 Filing 34 MOTION to Confirm Arbitration and Opposition to Convergias Motion for Partial Vacatur and Partial Denial of Recognition and Enforcement of I.C.D.R. Arbitration Award Dated December 14, 2007. Document filed by Huawei Technologies Co., Ltd., Futurewei Technologies, Inc..(Taube, Seth)
April 14, 2008 Opinion or Order Filing 33 ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Jay L. Alexander for Huawei Technologies Co., Ltd. and Futurewei Technologies, Inc. admitted Pro Hac Vice. (Signed by Judge P. Kevin Castel on 4/14/08) (js)
April 14, 2008 Opinion or Order Filing 32 ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Ryan E. Bull for Huawei Technologies Co., Ltd. and Futurewei Technologies, Inc. admitted Pro Hac Vice. (Signed by Judge P. Kevin Castel on 4/14/08) (js)
April 14, 2008 Transmission to Attorney Admissions Clerk. Transmitted re: #32 Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (js)
April 14, 2008 Transmission to Attorney Admissions Clerk. Transmitted re: #33 Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (js)
April 14, 2008 CASHIERS OFFICE REMARK on #33 Order Admitting Attorney Pro Hac Vice, #32 Order Admitting Attorney Pro Hac Vice in the amount of $50.00, paid on 4/11/08, Receipt Number 647450. (Quintero, Marcos)
April 11, 2008 Filing 38 MOTION for Jay Alexander to Appear Pro Hac Vice. Document filed by Huawei Technologies Co., Ltd., Futurewei Technologies, Inc..(dle)
April 11, 2008 Filing 37 MOTION for Ryan Bull to Appear Pro Hac Vice. Document filed by Huawei Technologies Co., Ltd., Futurewei Technologies, Inc..(dle)
April 11, 2008 Filing 30 DECLARATION of A. John P. Mancini in Support re: #22 MOTION to Vacate Arbitration Directing The Partial Vacatur and Partial Denial of Recognition and Enforcement of a Certain I.C.D.R. Arbitration Award, dated December 14, 2007.. Document filed by Convergia Networks, Inc., Future Electronics, Inc.. (Attachments: #1 Exhibit 1-2, #2 Exhibit 3-4, #3 Exhibit 5-6, #4 Exhibit 7-9 Part 1, #5 Exhibit 7-9 Part 2, #6 Exhibit 10, #7 Exhibit 11, #8 Exhibit 12-13, #9 Exhibit 14-16, #10 Exhibit 21 Part 1, #11 Exhibit 21 Part 2, #12 Exhibit 22-32, #13 Exhibit 33-39, #14 Exhibit 40-50, #15 Exhibit 51-59, #16 Exhibit 60-65, #17 Exhibit 66-72)(Mancini, A.)
April 11, 2008 Filing 29 ENDORSED LETTER addressed to Judge P. Kevin Castel from Seth T. Taube dated 4/10/2008 re: Requesting leave to file a cross-motion to confirm the Final Award and Partial Award simultaneously with its opposition to Convergia's motion to vacate the Final Award in Part, submit a consolidated memorandum of law in opposition to Convergia's motion for partial vacatur and in support of Huawei's motion to confirm that does not exceed 35 pages, and submit its reply brief in support of its motion to confirm that within ten days after Convergia files and serves its consolidated reply and opposition brief.. ENDORSEMENT: Application granted. Premotion conference waived for cross-motion. (Signed by Judge P. Kevin Castel on 4/11/2008) (jpo)
April 11, 2008 Filing 28 MEMORANDUM OF LAW in Support re: #22 MOTION to Vacate Arbitration Directing The Partial Vacatur and Partial Denial of Recognition and Enforcement of a Certain I.C.D.R. Arbitration Award, dated December 14, 2007.. Document filed by Convergia Networks, Inc., Future Electronics, Inc.. (Mancini, A.)
April 4, 2008 Opinion or Order Filing 27 ORDER AUTHORIZING DOCUMENTS TO BE FILED UNDER SEAL: It is hereby ordered that the Motion is GRANTED #24 . Convergia shall file under seal Exhibit 8 to the Declaration of A. John P. Mancini dated March 12, 2008. Within five business days of this order, Convergia shall file the redacted version of its Memorandum of Law in Support of its Motion. Any party describing the contents of Exhibit 8 to the Declaration of A. John P. Mancini shall redact such description from any public filings to this Court and note such redaction on the page of the redaction. (Signed by Judge P. Kevin Castel on 4/4/2008) (jpo)
March 24, 2008 Filing 26 DECLARATION of Seth T. Taube in Support re: #24 MOTION to Seal Document and Redact Highly Confidential Information.. Document filed by Huawei Technologies Co., Ltd., Futurewei Technologies, Inc.. (Attachments: #1 Exhibit One, #2 Exhibit Two)(Taube, Seth)
March 24, 2008 Filing 25 MEMORANDUM OF LAW in Support re: #24 MOTION to Seal Document and Redact Highly Confidential Information.. Document filed by Huawei Technologies Co., Ltd., Futurewei Technologies, Inc.. (Taube, Seth)
March 24, 2008 Filing 24 MOTION to Seal Document and Redact Highly Confidential Information. Document filed by Huawei Technologies Co., Ltd., Futurewei Technologies, Inc.. (Attachments: #1 Text of Proposed Order)(Taube, Seth)
March 20, 2008 Opinion or Order Filing 23 STIPULATION AND ORDER CONCERNING EXTENSION OF TIME TO FILE; that Huswei will notify Convergia of the particular material or portions thereof that it considers to be confidential and subject to sealing by no later than 3/20/08; the parties will meet and confer to discuss the proposed redactions on 3/20/08. Following said meeting, Huswei will file a motion to Seal Confidential Submissions no later than 3/24/08. Additional relief as set forth in this Order. (Signed by Judge P. Kevin Castel on 3/20/08) (pl) Modified on 3/21/2008 (pl).
March 13, 2008 Filing 22 MOTION to Vacate Arbitration Directing The Partial Vacatur and Partial Denial of Recognition and Enforcement of a Certain I.C.D.R. Arbitration Award, dated December 14, 2007. Document filed by Convergia Networks, Inc..(Mancini, A.)
March 13, 2008 Opinion or Order Filing 21 STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material....SUBJECT TO ADDENDUM OF MARCH 12, 2008 (attached herein). (Signed by Judge P. Kevin Castel on 3/12/08) (tro)
March 11, 2008 Filing 20 ENDORSED LETTER addressed to Judge P. Kevin Castel from A. John Mancini dated 3/10/08 re: Request that the Court set down a briefing schedule on the Motion for Partial Vacatur of the Award. ENDORSEMENT: Premotion conference requirement is waived for all motions directed to the Accord. Motion to be filed by 3/21. Answering papers to be filed by 4/4 and reply papers to be filed by 4/18. ( Motion due by 3/21/2008. Response due by 4/4/2008. Reply due by 4/18/2008.) (Signed by Judge P. Kevin Castel on 3/11/08) (cd).
March 7, 2008 Filing 19 MEMO ENDORSEMENT on #17 Endorsed Letter: The parties shall show cause in writing by fax letter to chambers by 3/12/08 why the action should not be dismissed without prejudice. (Signed by Judge P. Kevin Castel on 3/6/08) (cd)
September 18, 2007 Filing 18 NOTICE of Change of Firm Name. Document filed by Convergia Networks, Inc., Future Electronics, Inc.. (Mancini, A.)
September 1, 2006 Case Stayed (ad)
September 1, 2006 Opinion or Order Filing 17 ENDORSED LETTER addressed to Judge P. Kevin Castel from A. John P. Mancini dated 8/31/06 ENDORSEMENT: The motion for a preliminary injunction and to compel arbitration and all other pending motions are deemed withdrawn without prejudice. The hearing date of 9/1 is vacated. SO ORDERED. (Signed by Judge P. Kevin Castel on 9/1/06) (kco, )
August 30, 2006 Filing 16 AFFIDAVIT OF SERVICE of Order to Show Cause with Temporary Restraining Order served on Baker Botts LLP on August 16, 2006. Service was accepted by Steven R. Gustavson, Esq.. Document filed by Convergia Networks, Inc., Future Electronics, Inc.. (Mancini, John)
August 30, 2006 Filing 15 AFFIDAVIT OF SERVICE. Convergia Networks, Inc. served on 8/17/2006, answer due 9/6/2006; Future Electronics, Inc. served on 8/17/2006, answer due 9/6/2006. Service was accepted by Roy Sung, Managing Agent. Document filed by Convergia Networks, Inc.; Future Electronics, Inc.. (Mancini, John)
August 30, 2006 Filing 14 AFFIDAVIT OF SERVICE of Summons and Complaint,. Convergia Networks, Inc. served on 8/16/2006, answer due 9/5/2006; Future Electronics, Inc. served on 8/16/2006, answer due 9/5/2006. Service was accepted by Steven R. Gustavson, Esq.. Document filed by Convergia Networks, Inc.; Future Electronics, Inc.. (Mancini, John)
August 28, 2006 Filing 13 DECLARATION of Alejandro Bitar in Support re: #12 Reply Memorandum of Law in Support. Document filed by Convergia Networks, Inc., Future Electronics, Inc.. (Attachments: #1 Exhibit A#2 Exhibit B1#3 Exhibit B2#4 Exhibit C#5 Exhibit D#6 Exhibit E#7 Exhibit F#8 Exhibit G#9 Exhibit H#10 Exhibit I#11 Exhibit J#12 Exhibit K#13 Exhibit L#14 Exhibit M#15 Exhibit N#16 Exhibit O#17 Exhibit P)(Mancini, John)
August 28, 2006 Filing 12 REPLY MEMORANDUM OF LAW in Support of Plaintiffs' Motion For A Preliminary Injunction in Aid of Arbitration and an Order to Compel Arbitration. Document filed by Convergia Networks, Inc., Future Electronics, Inc.. (Mancini, John)
August 28, 2006 Opinion or Order Filing 11 ORDER Prior to the September 1 preliminary injunction hearing, I am directed counsel to meet and explore a consensual arrangement that would remain in place pending the arbitration and obviate the need for the preliminary injunction hearing. So Ordered. (Signed by Judge P. Kevin Castel on 8/28/06) (jco, )
August 25, 2006 Filing 10 RULE 7.1 DISCLOSURE STATEMENT. Document filed by Huawei Technologies Co., Ltd., Futurewei Technologies, Inc..(Taube, Seth)
August 25, 2006 Filing 9 OPPOSITION BRIEF in Opposition to Plaintiffs' Application for Preliminary Injunction. Document filed by Huawei Technologies Co., Ltd., Futurewei Technologies, Inc.. (Attachments: #1 Declaration of Roy Sun#2 Exhibit 1 to Declaration of Roy Sun#3 Declaration of Yun Ding#4 Declaration of Eric J. Faragi#5 Exhibit A to Declaration of Eric J. Faragi - Part 1 of 3#6 Exhibit A to Declaration of Eric J. Faragi - Part 2 of 3#7 Exhibit A to Declaration of Eric J. Faragi - Part 3 of 3#8 Exhibits B through E to Declaration of Eric J. Faragi)(Taube, Seth)
August 25, 2006 Filing 8 OPPOSITION BRIEF to Plaintiffs' Application for a Preliminary Injunction. Document filed by Huawei Technologies Co., Ltd., Futurewei Technologies, Inc..(Taube, Seth)
August 21, 2006 Filing 6 NOTICE OF APPEARANCE by Eric Joseph Faragi on behalf of Huawei Technologies Co., Ltd., Futurewei Technologies, Inc. (Faragi, Eric)
August 21, 2006 Filing 5 NOTICE OF APPEARANCE by Seth T. Taube on behalf of Huawei Technologies Co., Ltd., Futurewei Technologies, Inc. (Taube, Seth)
August 21, 2006 Filing 4 NOTICE OF APPEARANCE by Steven Russell Gustavson on behalf of Huawei Technologies Co., Ltd., Futurewei Technologies, Inc. (Gustavson, Steven)
August 18, 2006 Opinion or Order Filing 3 ORDER TO SHOW CAUSE WITH TEMPORARY RESTRAINING ORDER by Convergia Networks, Inc., Future Electronics, Inc. Show Cause Hearing is set for 8/22/2006 at 3:00 PM before Judge P. Kevin Castel. Show Cause Response due by 8/18/2006. Show Cause Reply due by 8/21/2006. (Signed by Judge Stephen C. Robinson on 8/15/06) (kco, )
August 17, 2006 Opinion or Order Filing 7 ENDORSED LETTER addressed to Judge Steven C. Robinson from Steven R. Gustavson dated 8/17/06 re: Application to extend briefing schedule is GRANTED. The defendant must file its brief by 8/25/06, plaintiffs reply due 8/28/06. The hearing on the Order to Show Cause is rescheduled to 9/1/06 at 2:30 p.m. before Judge P. Kevin Castel. (Signed by Judge Stephen C. Robinson, part I on 8/17/06) (db, )
August 17, 2006 Set Deadlines/Hearings: Brief due by 8/25/2006. Responses to Brief due by 8/28/2006 Show Cause Hearing set for 9/1/2006 02:30 PM before Judge P. Kevin Castel. (db, )
August 15, 2006 Filing 2 RULE 7.1 DISCLOSURE STATEMENT. Document filed by Convergia Networks, Inc., Future Electronics, Inc.(mbe, ) Additional attachment(s) added on 8/16/2006 (mbe, ).
August 15, 2006 Filing 1 COMPLAINT against Huawei Technologies Co., Ltd., Futurewei Technologies, Inc.(Filing Fee $ 350.00, Receipt Number 587785)Document filed by Convergia Networks, Inc., Future Electronics, Inc.(mbe, ) Additional attachment(s) added on 8/16/2006 (mbe, ).
August 15, 2006 SUMMONS ISSUED as to Huawei Technologies Co., Ltd., Futurewei Technologies, Inc. (mbe, )
August 15, 2006 Case Designated ECF. (mbe, )
August 15, 2006 Magistrate Judge Andrew J. Peck is so designated. (mbe, )

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Plaintiff: Convergia Networks, Inc.
Represented By: A. John P. Mancini
Represented By: Bradford Jealous, III
Represented By: Ryan Patrick Farley
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Plaintiff: Future Electronics, Inc.
Represented By: A. John P. Mancini
Represented By: Bradford Jealous, III
Represented By: Ryan Patrick Farley
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Defendant: Huawei Technologies Co., Ltd.
Represented By: Jay L. Alexander
Represented By: Ryan E. Bull
Represented By: Seth T. Taube
Represented By: Eric Joseph Faragi
Represented By: Steven Russell Gustavson
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Defendant: Futurewei Technologies, Inc.
Represented By: Jay L. Alexander
Represented By: Ryan E. Bull
Represented By: Seth T. Taube
Represented By: Eric Joseph Faragi
Represented By: Steven Russell Gustavson
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