Constelation Energy Commodities Group Inc. v. Transfield ER Cape Ltd. et al
| Constelation Energy Commodities Group Inc. |
| Transfield ER Cape Ltd. and Transfield ER Limited |
| 1:2010cv04434 |
| June 3, 2010 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Sidney H. Stein |
| Marine |
| 09 U.S.C. ยง 201 |
| None |
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Filing
36
OPINION & ORDER re: 20 MOTION to Confirm Arbitration Awards dated April 26 and April 28, 2010 filed by Constellation Energy Commodities Group Inc., 23 MOTION to Dismiss Amended Petition to Confirm filed by Transfield ER Cape Ltd., 9 AMENDED MOT ION to Confirm Arbitration filed by Constelation Energy Commodities Group Inc. For the reasons set forth herein, (1) Constellation's amended petition is granted insofar as this Court recognizes and enforces the arbitration awards against ER Cap e; (2) Constellation's motion for summary confirmation is granted insofar as the arbitration awards are confirmed against ER Cape; and (3) ER Cape's motion to dismiss the amended petition is granted insofar as Constellation has failed to st ate a claim for alter ego liability against ER Limited and that motion is otherwise denied. ER Cape is ordered to pay Constellation a total of $15.045,208 plus 40,559, together with interest as set forth in the COA. (Signed by Judge Sidney H. Stein on 7/29/2011) (mro)
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