Sistem Muhendislik Insaat Sanayi Ve Ticaret, A.S. v. The Kyrgyz Republic
Plaintiff: Sistem Muhendislik Insaat Sanayi Ve Ticaret, A.S.
Defendant: The Kyrgyz Republic
Case Number: 1:2012cv04502
Filed: June 8, 2012
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: New York
Presiding Judge: Ronald L. Ellis
Presiding Judge: Andrew L. Carter
Nature of Suit: Other Contract
Cause of Action: 28 U.S.C. ยง 1330
Jury Demanded By: None
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Date Filed Document Text
November 21, 2022 Opinion or Order Filing 264 CLERK'S JUDGMENT re: 263 Order 261 Order Adopting Report and Recommendations in favor of Sistem Muhendislik Insaat Sanayi Ve Ticaret, A.S. against The Kyrgyz Republic in the amount of $8,560,000. It is hereby ORDERED, ADJUDGED A ND DECREED: That for the reasons stated in the Court's Order dated November 21, 2022, and the Order dated October 6, 2022, the Court is in receipt of the Plaintiff's letter addressed to the Court. ECF No. 262. Judge Lehburger's Repor t and Recommendation is adopted and Plaintiff's second motion to enter judgment on accumulated sanctions is granted. ECF No. 261. Judgment is entered against Defendant in the amount of $8,560,000. (Signed by Clerk of Court Ruby Krajick on 11/21/2022) (Attachments: # 1 Right to Appeal) (km)
October 6, 2022 Opinion or Order Filing 261 ORDER ADOPTING REPORT AND RECOMMENDATION for 260 Report and Recommendations, 254 Motion for Judgment filed by Sistem Muhendislik Insaat Sanayi Ve Ticaret, A.S. As there are no objections to the Report and Recommendation and as the Court finds no clear error in the record, the Court adopts the Report and Recommendation in its entirety. The Clerk of the Court is respectfully directed to terminate ECF No. 254. (Signed by Judge Andrew L. Carter, Jr on 10/6/2022) (ate)
May 12, 2022 Opinion or Order Filing 257 ORDER: By May 17, 2022, Plaintiff shall serve its second motion for judgment and supporting papers and a copy of this order on Defendant by any means previously approved by the Court. By May 20, 2022, Plaintiff shall file an affidavit of service . Defendant may submit responding papers no later than June 10, 2022. Absent any response from Defendant, the Court will deem the matter fully submitted and proceed to resolve the motion. SO ORDERED. ( Responses due by 6/10/2022) (Signed by Magistrate Judge Robert W. Lehrburger on 5/12/2022) (vfr)
January 5, 2021 Opinion or Order Filing 253 ORDER ADOPTING REPORT AND RECOMMENDATIONS for 246 Report and Recommendations,,,,,, 227 Motion for Sanctions filed by Sistem Muhendislik Insaat Sanayi Ve Ticaret, A.S., Motions terminated: 227 MOTION for Sanctions Renewed Moti on to Increase Sanctions. filed by Sistem Muhendislik Insaat Sanayi Ve Ticaret, A.S. Despite notification of the right to object to the R&R, no objections were filed. Where no timely objections are made, the Court may adopt the R&R as long as there is no clear error on the face of the record. Sacks v. Gandhi Engg, Inc., 999 F. Supp. 2d 629, 632 (S.D.N.Y. 2014) (citing Wilds v. United Parcel Serv., Inc., 262 F. Supp. 2d 163, 169 (S.D.N.Y. 2003)). Because there are no objections filed to the R&R and the Court finds no clear error in the record, the Court adopts Judge Lehrburger's Report and Recommendation in its entirety. It is hereby ORDERED that Defendants existing civil contempt sanctions are increased from $ 5,000 per day to $15,000 per day commencing thirty days after the entry of this order, terminating upon the Republic's satisfaction of the judgment or full compliance with all outstanding discovery demands arising from Judge Lehrburger's January 2018 discovery orders. The Clerk of Court is directed to terminate ECF No. 227. (Signed by Judge Andrew L. Carter, Jr on 1/5/2021) (js)
December 8, 2020 Opinion or Order Filing 252 ORDER: Good cause being shown, Mr. McCrea's oral application to withdraw as counsel for Defendant is granted. The Court respectfully requests that the Clerk of the Court remove Mr. McCrea as counsel of record for Defendant. Once again, Defend ant is reminded that it may only appear through counsel. Defendant shall have until January 8, 2021 to do so. Failure to appear through counsel may result in default. (And as further set forth herein.) SO ORDERED. Attorney Adrian Grant McCrea terminated. (Signed by Magistrate Judge Robert W. Lehrburger on 12/8/2020) (jca)
November 6, 2020 Opinion or Order Filing 249 ORDER: Whereas defense counsel of record has not complied with the Court's order; By November 20, 2020, defense counsel of record Grant McCrea shall file with the Court either (1) a letter confirming continued representation of the Defendant, or (2) a motion to withdraw. Failure to comply with this order may result in sanctions against counsel. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 11/6/2020) (mml)
May 7, 2020 Opinion or Order Filing 218 JUDGMENT : It is hereby ORDERED, ADJUDGED AND DECREED: That judgment is hereby entered in favor of System and against the Republic in the amount of US$2,281,371.82 consisting of $16,371.82 in unpaid fee awards entered on November 8, 201 7 (Dkt. 152) and December 19, 2017 (Dkt. 166); and $2,265,000 in accumulated civil contempt sanctions pursuant to this Court's order of October 31, 2018 (Dkt. 185) for the period from November 30, 2018 through February 26, 2020. This is a final judgment with respect to the fee awards and civil contempt sanctions for the period set forth above. Nothing in this judgment relieves the Republic of its obligations under this Court's October 31, 2018 order or prevents the further a ccrual of civil contempt sanctions pursuant to that order or any further sanctions order following the period set forth above. Nothing in this judgment relieves the Republic of its obligations under this Court'sNovember 14, 2016 judgment confirming System's arbitral award (Dkt. 131). Post-judgment interest shall accrue on this judgment at the rate provided by 28 U.S.C. § 1961(a). (Signed by Judge Andrew L. Carter, Jr on 5/7/2020) (rj)
February 25, 2020 Opinion or Order Filing 214 OPINION AND ORDER: Judge Lehrburger's report and recommendation is adopted in its entirety and Defendant's objections are overruled. Defendant's motion to vacate sanctions is DENIED and Plaintiff's cross-motion for entry of jud gment on sanctions accumulated to date is GRANTED. Plaintiff should submit a revised form of judgment updating the amount of sanctions due within fourteen days of this order. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 2/25/2020) (jca)
October 31, 2018 Opinion or Order Filing 185 ORDER adopting Report and Recommendation. As set forth above, Judge Lehrburger's certification and report and recommendation is adopted in its entirety. Plaintiffs objections are overruled. Defendant is hereby held in contempt for disobeying Court orders, impeding post-judgment discovery, and otherwise failing to participate in the discovery process. Civil contempt sanctions are hereby awarded against the Republic of $5,000 per day commencing thirty days of this order, and termin ating upon the Republic's satisfaction of the judgment or full compliance with all outstanding discovery demands arising from Judge Lehrburger's January 2018 discovery orders. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 10/31/2018) (anc)
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Plaintiff: Sistem Muhendislik Insaat Sanayi Ve Ticaret, A.S.
Represented By: Jeremy O. Harwood
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Defendant: The Kyrgyz Republic
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