UBS International Inc. et al v. Itete Brasil Instalacoes Telefonicas Ltd. et al
| Itete Brasil Instalacoes Telefonicas Ltd. and Instalaciones De Telefonos, S.A. |
| UBS International Inc. and UBS Financial Services Inc. |
| 1:2009cv04286 |
| May 1, 2009 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Lewis A. Kaplan |
| None |
| 28 U.S.C. ยง 1335 Interpleader Action |
| None |
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The following documents for this case are available for you to view or download:
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Filing
168
MEMORANDUM AND ORDER. For the reasons set forth in this memorandum and order, the MUSP Defendants shall be precluded from asserting that the funds in the subject UBS accounts are in any way related to any advances that the MUSP Defendants may have ma de on behalf of Itete Brasil. In addition, no later than April 30, 2011, the MUSP Defendants shall pay Itete Spain's attorneys' fees in the amount of $10,000.00. Terminating (158) Motion to Dismiss in case 1:09-cv-04286-LAK -JCF. (Signed by Magistrate Judge James C. Francis on 4/11/11) Filed In Associated Cases: 1:09-cv-04286-LAK -JCF, 1:09-cv-10004-LAK Copies Mailed By Chambers. (rjm)
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Filing
108
ORDER: Accordingly, Itete Spain's motion [DI 95] is granted. Itete Brasil's answer in No. 09-4286 (LAK) is stricken and its cross-claim is dismissed with prejudice. (Signed by Judge Lewis A. Kaplan on 4/12/2010) Filed In Associated Cases: 1:09-cv-04286-LAK-JCF, 1:09-cv-10004-LAK(jpo)
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Filing
87
MEMORANDUM AND ORDER GRANTING LEAVE TO INTERVENE, CONSOLIDATING ACTIONS, ALLOWING INTERPLEADER AND GRANTING OTHER RELIEF: The motions ofltete Spain [Action No. 1 DI 7] and UBS [Action No. 1 DI 16] (1) to intervene and consolidate these actions and (2 ) for interpleader reliefand consolidation of actions and for other relief, respectively, are granted in all respects. More particularly: Itete Spain's proposed complaint in intervention and cross-claims is deemed served and filed this date. Act ion No. 1 is consolidated into Action No.2 for all purposes. The caption in Action No.2 [09 Civ. 4286] is amended to read as set forth in this Order. UBS, no later than March 2, 2010, shall deposit into the Registry of this Court $975,000 from Account No. R2-62467 and $25,000 from Account No. R2-66223, which funds shall remain in the Registry of this Court pending further order of the Court. Albuquerque, MUSP, Itete Brasil and Itete Spain, as well as any other persons or entities tha t have asserted or may assert any claims against UBS relating to the funds referred to in paragraph 2 above, are enjoined and restrained from asserting any claims against UBS relating thereto and from commencing or prosecuting any other action or pro ceeding against UBS to recover all or part of those funds. Upon deposit of the funds referred to in paragraph 2 into the Registry of the Court, UBS shall be dismissed from this action, other than for purposes of discovery, and discharged from all lia bilities to Albuquerque, MUSP, Itete Brasil and Itete Spain, as well as any other persons or entities that have asserted or may assert any claims against UBS, in each case relating to the funds deposited pursuant to this order. UBS shall recover from the interpleaded funds such attorney's fees and costs as the Court may award. Any motion for such an award shall be filed on or before March 10, 2010. (Signed by Judge Lewis A. Kaplan on 2/24/2010) Filed In Associated Cases: 1:09-cv-04286-LAK-JCF, 1:09-cv-10004-LAK(jpo)
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Filing
55
ORDER granting in part and denying in part 46 Motion for Judgment on the Pleadings. Itete Brasil's motion for judgment on the pleadings and other relief (DI46) is granted to the extent that Itete Spain's affirmative defenses are stricken with leave to replead on or before 1/15/10. It is denied in all other respects. (Signed by Judge Lewis A. Kaplan on 12/17/09) (cd)
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