Global Gold Mining, L.L.C. v. Ayvazian

Justia Dockets & Filings Second Circuit New York Southern District Global Gold Mining, L.L.C. v. Ayvazian

Global Gold Mining, L.L.C. v. Ayvazian

Plaintiff:	Global Gold Mining, L.L.C.
Defendant:	Vardan Ayvazian
Case Number:	1:2012cv01847
Filed:	March 13, 2012
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Westchester
Presiding Judge:	J. Paul Oetken
Nature of Suit:	Contract: Other
Cause of Action:	28 U.S.C. § 1332 Diversity-Other Contract
Jury Demanded By:	None

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Date Filed	Document Text
November 21, 2013	Filing 29 OPINION AND ORDER re: 15 FIRST MOTION to Vacate Default Judgment filed by Vardan Ayvazian. Because this Court lacks personal jurisdiction over Ayvazian, the default judgment is void and must be set aside. Equitable factors also support th is outcome. Global Gold has had its day in court and has also had its day before the Tribunal that it contracted for, from behind a veil of ignorance, before the dispute arose. Faced with consistent adverse decisions, it now seeks to change the rule s of the game. This is the rare case where the interests of finality and the interests of protecting a defaulting defendant are aligned: Global Gold may not circumvent the decision of the ICA Tribunal by returning to this Court, which lacks jurisdict ion over Ayvazian. For the foregoing reasons, Defendant Ayvazian's motion to vacate default judgment (Dkt. No. 15) is GRANTED, and the default judgment entered in this case on July 11, 2012 (Dkt. No. 9) is hereby VACATED. The complaint is hereby dismissed without prejudice. The Clerk of the Court is directed to close this case. (Signed by Judge J. Paul Oetken on 11/21/2013) (mro) Modified on 11/21/2013 (mro).

Date Filed

Document Text

November 21, 2013

Filing 29 OPINION AND ORDER re: 15 FIRST MOTION to Vacate Default Judgment filed by Vardan Ayvazian. Because this Court lacks personal jurisdiction over Ayvazian, the default judgment is void and must be set aside. Equitable factors also support th is outcome. Global Gold has had its day in court and has also had its day before the Tribunal that it contracted for, from behind a veil of ignorance, before the dispute arose. Faced with consistent adverse decisions, it now seeks to change the rule s of the game. This is the rare case where the interests of finality and the interests of protecting a defaulting defendant are aligned: Global Gold may not circumvent the decision of the ICA Tribunal by returning to this Court, which lacks jurisdict ion over Ayvazian. For the foregoing reasons, Defendant Ayvazian's motion to vacate default judgment (Dkt. No. 15) is GRANTED, and the default judgment entered in this case on July 11, 2012 (Dkt. No. 9) is hereby VACATED. The complaint is hereby dismissed without prejudice. The Clerk of the Court is directed to close this case. (Signed by Judge J. Paul Oetken on 11/21/2013) (mro) Modified on 11/21/2013 (mro).

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Defendant: Vardan Ayvazian
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Plaintiff: Global Gold Mining, L.L.C.
Represented By:	Brian Scott Cousin
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