City of Almaty, Kazahkstan, et al. v. Mukhtar Ablyazov, et al.
Plaintiff: CF 135 West Members LLC, Chetrit Group LLC and CF 135 Flat LLC
Defendant: Triadou SPV S.A. and City of Almaty
Petitioner: Elena Petelin, Svetlana Chepurnaya, Gennady Petelin, Wells Fargo Bank, N.A. and Litco LLC
Interested Party: Frank Monstrey
Counter Defendant: BTA Bank JSC, Viktor Khrapunov, Mukhtar Ablyazov, Ilyas Khrapunov, 227 East 19th Holder LLC and Joseph Chetrit
Not Yet Classified: Hon. Herman Cahn
Not Classified By Court: Kevin Meyer
Cross Defendant: FBME Bank Ltd.
Case Number: 1:2015cv05345
Filed: July 9, 2015
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: XX Out of U.S.
Presiding Judge: Alison J Nathan
Referring Judge: Katharine H Parker
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 nr
Jury Demanded By: Both
Docket Report

This docket was last retrieved on November 28, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 24, 2021 Opinion or Order Filing 1420 LETTER addressed to Judge Alison J. Nathan from Matthew L. Schwartz dated March 24, 2021 re: Rule 3(H) of Individual Practices in Civil Cases. Document filed by BTA Bank JSC, City of Almaty..(Schwartz, Matthew)
March 24, 2021 Opinion or Order Filing 1419 LETTER addressed to Judge Alison J. Nathan from Deborah A. Skakel dated 3/24/21 re: Rule 3(H) of Individual Practices in Civil Cases. Document filed by Triadou SPV S.A...(Skakel, Deborah)
March 23, 2021 Opinion or Order Filing 1418 LETTER addressed to Judge Alison J. Nathan from Adam Miller dated 3/23/2021 re: Opposition to the Objection #1413 to the Non-dispositive orders of Magistrate Judge Nathan.. Document filed by Frank Monstrey..(Miller, Adam)
March 22, 2021 Opinion or Order Filing 1417 OPPOSITION BRIEF re: #1413 Objection (non-motion) by Ilyas Khrapunov to Magistrate Judge's Non-dispositive Orders. Document filed by BTA Bank JSC, City of Almaty..(Wenner, Craig)
March 19, 2021 Opinion or Order Filing 1416 MEMO ENDORSEMENT on re: (287 in 1:19-cv-02645-AJN-KHP) Letter, filed by BTA Bank JSC, City of Almaty, Kazakhstan. By April 2, 2021, Sater shall show cause by letter brief not to exceed three pages why his objections to Judge Parker's Opinion & Order should not be overruled on this basis. SO ORDERED. (Signed by Judge Alison J. Nathan on 3/19/2021) (ks)
March 15, 2021 Opinion or Order Filing 1415 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 7/29/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
March 15, 2021 Opinion or Order Filing 1414 TRANSCRIPT of Proceedings re: CONFERENCE held on 7/29/2016 before Judge Alison J. Nathan. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/5/2021. Redacted Transcript Deadline set for 4/15/2021. Release of Transcript Restriction set for 6/14/2021..(McGuirk, Kelly)
March 7, 2021 Opinion or Order Filing 1413 Objection to the non-dispositive orders of Magistrate Judge Katharine Parker, dated February 25, 2021 and February 27, 2021 (ECF 1409 and 1412) pursuant to Fed. R. Civ. P. 72(b). Document filed by Ilyas Khrapunov..(Solomon, Andrew)
February 27, 2021 Opinion or Order Filing 1412 ORDER The letter requesting reconsideration, submitted at ECF No. 1410, correctly recites to the Court that Lugosch held that District Courts can properly rule on a motion to seal/unseal before a summary judgment motion is decided. Indeed, the Second Circuit in Lugosch explained that documents submitted in connection with a summary judgment motion are per se judicial documents to which the public has a strong right of access. Lugosch v. Pyramid Co., 435 F.3d 110, 121-23 (2d Cir. 2006). The Court in Lugosch also explained that documents submitted in connection with a summary judgment motion should not remain under seal absent the motion compelling reasons. Id. at 123 (emphasis in original). As stated in the Courts text order at ECF NO. 1409, compelling reasons exist in this case to keep the Dubinsky Report under seal at this time. Having reviewed the parties submissions and the Report itself, the compelling privacy interests at stake and the confidentiality designation already attached to the Dubinsky Report militate against unsealing the Report at this time. Thus, the motion to lift the confidentiality designation at ECF No. 1395 is DENIED. The balance of factors constituting compelling reasons may, of course, change at a later date and Defendant may renew the motion based on changed circumstances. (HEREBY ORDERED by Magistrate Judge Katharine H. Parker) (Text Only Order) (Parker, Katharine)
February 26, 2021 Opinion or Order Filing 1411 LETTER addressed to Magistrate Judge Katharine H. Parker from Craig Wenner dated February 26, 2021 re: February 26, 2021 letter from Ilyas Khrapunov (Dkt. No. 1410). Document filed by BTA Bank JSC, City of Almaty..(Wenner, Craig)
February 26, 2021 Opinion or Order Filing 1410 LETTER addressed to Magistrate Judge Katharine H. Parker from Andrew T. Solomon dated February 26, 2021 re: the Court's Order Docketed at ECF 1409. Document filed by Ilyas Khrapunov..(Solomon, Andrew)
February 25, 2021 Opinion or Order Filing 1409 ORDER denying #1395 Letter Motion to Lift Confidentiality Designation of Dubinsky Expert Report. The motion is premature to the extent Khrapunov asserts the document is a judicial doccument. The document at this point, although submitted to the Court, has not been relied on to determine any dispositive motion. The presumption of public access is lower when a document is not a judicial document. U.S. v. Amodeo, 44 F.3d 141, 145 (2d Cir. 1995); Newsday LLC v. Cty of Nassau, 730 F.3d 156, 166-167 (2d Cir. 2013). Additionally, the motion is denied because it contains materials gathered and being used in a criminal proceeding in Kazakhstan and contains confidential information provided by and about a non-party pursuant to the Protective Order in this case who object to the document being made public at this time. The privacy interest of non-parties also influence the Court's decision at this time. Doe v. City of New York, 2019 WL 4392533, at *2 (SDNY Sept. 13, 2019). The Court also notes that all information exchanged in this case was produced with the expectation that it would be used only in this case. See Protective Order at ECF 253. Thus, for all these reasons, the motion is denied. (HEREBY ORDERED by Magistrate Judge Katharine H. Parker)(Text Only Order) (Parker, Katharine)
February 8, 2021 Opinion or Order Filing 1408 ***SELECTED PARTIES***LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from Adam Miller dated 02/05/2021 re: #1395 LETTER MOTION for Leave to File / Order Lifting Confidential Designation of the Expert Report of Bruce G. Dubinsky, dated April 19, 2019 addressed to Magistrate Judge Katharine H. Parker from Andrew T. Solomon dated January 20, 2021. . Document filed by Frank Monstrey, BTA Bank JSC, Ilyas Khrapunov, Triadou SPV S.A.. Motion or Order to File Under Seal: #1403 .(Miller, Adam)
February 8, 2021 Opinion or Order Filing 1407 LETTER REPLY to Response to Motion addressed to Magistrate Judge Katharine H. Parker from Andrew T. Solomon dated February 8, 2021 re: #1395 LETTER MOTION for Leave to File / Order Lifting Confidential Designation of the Expert Report of Bruce G. Dubinsky, dated April 19, 2019 addressed to Magistrate Judge Katharine H. Parker from Andrew T. Solomon dated January 20, 2021. . Document filed by Ilyas Khrapunov..(Solomon, Andrew)
February 7, 2021 Opinion or Order Filing 1406 ORDER: granting #1403 Letter Motion to Seal. Application GRANTED. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 2/07/2021) (ama)
February 5, 2021 Opinion or Order Filing 1405 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #1408) - ***SELECTED PARTIES***LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from Adam Miller dated 02/05/2021 re: #1395 LETTER MOTION for Leave to File / Order Lifting Confidential Designation of the Expert Report of Bruce G. Dubinsky, dated April 19, 2019 addressed to Magistrate Judge Katharine H. Parker from Andrew T. Solomon dated January 20, 2021. FILED UNDER SEAL. Document filed by Frank Monstrey, Ilyas Khrapunov. Motion or Order to File Under Seal: #1403 .(Miller, Adam) Modified on 2/8/2021 (ldi).
February 5, 2021 Opinion or Order Filing 1404 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from Adam Miller dated 02/05/2021 re: #1395 LETTER MOTION for Leave to File / Order Lifting Confidential Designation of the Expert Report of Bruce G. Dubinsky, dated April 19, 2019 addressed to Magistrate Judge Katharine H. Parker from Andrew T. Solomon dated January 20, 2021., #1403 LETTER MOTION to Seal Frank Monstrey's Opposition to Ilyas Khrapunov's request to lift confidentiality of an expert report and request to file a redacted version addressed to Magistrate Judge Katharine H. Parker from Adam Miller dat (REDACTED VERSION). Document filed by Frank Monstrey..(Miller, Adam)
February 5, 2021 Opinion or Order Filing 1403 LETTER MOTION to Seal Frank Monstrey's Opposition to Ilyas Khrapunov's request to lift confidentiality of an expert report and request to file a redacted version addressed to Magistrate Judge Katharine H. Parker from Adam Miller dated 02/05/2021. Document filed by Frank Monstrey..(Miller, Adam)
February 5, 2021 Opinion or Order Filing 1402 ORDER granting #1401 Letter Motion for Extension of Time. The time to file the submissions required in Rule 6 of the Court's Individual Practices in Civil Cases is extended to within 60 days of the ruling on any motions for summary judgment.SO ORDERED. (Signed by Judge Alison J. Nathan on 2/5/2021) (nb)
February 4, 2021 Opinion or Order Filing 1401 LETTER MOTION for Extension of Time for Submitting Pretrial Filings Pursuant to the Court's Individual Practices addressed to Judge Alison J. Nathan from Deborah A. Skakel dated February 4, 2021. Document filed by Triadou SPV S.A...(Skakel, Deborah)
February 1, 2021 Opinion or Order Filing 1400 MEMO ENDORSEMENT on re: #1399 Letter filed by Frank Monstrey. ENDORSEMENT: APPLICATION GRANTED. ( Responses due by 2/5/2021) (Signed by Magistrate Judge Katharine H. Parker on 2/1/2021) (mro)
February 1, 2021 Opinion or Order Filing 1399 LETTER addressed to Magistrate Judge Katharine H. Parker from Adam Miller dated 2/1/2021 re: Mr. Khrapunovs motion to unseal the Dubinsky Report. Document filed by Frank Monstrey..(Miller, Adam)
January 27, 2021 Opinion or Order Filing 1398 MEMO ENDORSEMENT on re: #1396 Letter filed by Mukhtar Ablyazov. ENDORSEMENT: Service of Court papers shall hereafter be accomplished by sending those papers via email to the email addresses noted above for Jonathan D. Cogan and Rebecca G. Mangold unless and until Mr. Ablyazov has retained new counsel. SO ORDERED. (Signed by Judge Alison J. Nathan on 1/27/2021) (va)
January 25, 2021 Opinion or Order Filing 1397 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from Craig Wenner dated January 25, 2021 re: #1395 LETTER MOTION for Leave to File / Order Lifting Confidential Designation of the Expert Report of Bruce G. Dubinsky, dated April 19, 2019 addressed to Magistrate Judge Katharine H. Parker from Andrew T. Solomon dated January 20, 2021. . Document filed by BTA Bank JSC, City of Almaty..(Wenner, Craig)
January 25, 2021 Opinion or Order Filing 1396 LETTER addressed to Judge Alison J. Nathan from Jonathan D. Cogan dated 1/25/2021 re: Letter Withdrawing Beau Barnes as service agent. Document filed by Mukhtar Ablyazov..(Cogan, Jonathan)
January 20, 2021 Opinion or Order Filing 1395 LETTER MOTION for Leave to File / Order Lifting Confidential Designation of the Expert Report of Bruce G. Dubinsky, dated April 19, 2019 addressed to Magistrate Judge Katharine H. Parker from Andrew T. Solomon dated January 20, 2021. Document filed by Ilyas Khrapunov..(Solomon, Andrew)
December 21, 2020 Opinion or Order Filing 1394 DECLARATION of Matthew L. Schwartz in Support re: #1308 MOTION to Preclude Opinions of S. Ilan Guedj.. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit W, #2 Exhibit X, #3 Exhibit Y).(Schwartz, Matthew)
December 21, 2020 Opinion or Order Filing 1393 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #1394) - DECLARATION of Matthew L. Schwartz in Support re: #1308 MOTION to Preclude Opinions of S. Ilan Guedj.. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit W, #2 Exhibit X, #3 Exhibit Y).(Schwartz, Matthew) Modified on 12/22/2020 (ldi).
December 21, 2020 Opinion or Order Filing 1392 REPLY MEMORANDUM OF LAW in Support re: #1308 MOTION to Preclude Opinions of S. Ilan Guedj. . Document filed by BTA Bank JSC, City of Almaty..(Schwartz, Matthew)
December 21, 2020 Opinion or Order Filing 1391 REPLY MEMORANDUM OF LAW in Support re: #1305 MOTION to Preclude Opinions of Ryan Pisarik. . Document filed by BTA Bank JSC, City of Almaty..(Schwartz, Matthew)
December 21, 2020 Opinion or Order Filing 1390 REPLY MEMORANDUM OF LAW in Support re: #1299 MOTION to Preclude the Opinions of Thomas Tener. . Document filed by BTA Bank JSC, City of Almaty..(Schwartz, Matthew)
December 21, 2020 Opinion or Order Filing 1389 CERTIFICATE OF SERVICE of Reply Memorandum of Law (ECF No. #1388 ) in Further Support of BTA Bank JSC's Motion for Partial Summary Judgment, with Unpublished Authorities served on Mukhtar Ablyazov on 12/21/2020. Document filed by BTA Bank JSC..(Wenner, Craig)
December 21, 2020 Opinion or Order Filing 1388 REPLY MEMORANDUM OF LAW in Support re: #1290 MOTION for Partial Summary Judgment Against Defendant Mukhtar Ablyazov. . Document filed by BTA Bank JSC..(Schwartz, Matthew)
December 21, 2020 Opinion or Order Filing 1387 LETTER MOTION for Oral Argument on all Pending Motions addressed to Judge Alison J. Nathan from Deborah A. Skakel dated 12/21/20. Document filed by Triadou SPV S.A...(Skakel, Deborah)
December 21, 2020 Opinion or Order Filing 1386 ***SELECTED PARTIES***DECLARATION of Deborah A. Skakel in Support re: #1282 MOTION for Summary Judgment .. Document filed by Triadou SPV S.A., Mukhtar Ablyazov, BTA Bank JSC, City of Almaty, Ilyas Khrapunov. (Attachments: #1 Exhibit 393)Motion or Order to File Under Seal: #1382 .(Skakel, Deborah)
December 21, 2020 Opinion or Order Filing 1385 ***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #1282 MOTION for Summary Judgment . . Document filed by Triadou SPV S.A., Mukhtar Ablyazov, BTA Bank JSC, City of Almaty, Ilyas Khrapunov. Motion or Order to File Under Seal: #1382 .(Skakel, Deborah)
December 21, 2020 Opinion or Order Filing 1384 DECLARATION of Deborah A. Skakel in Support re: #1282 MOTION for Summary Judgment .. Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit 390, #2 Exhibit 391, #3 Exhibit 392, #4 Exhibit 393, #5 Exhibit 394, #6 Exhibit 395, #7 Exhibit 396, #8 Exhibit 397, #9 Exhibit 398).(Skakel, Deborah)
December 21, 2020 Opinion or Order Filing 1383 REPLY MEMORANDUM OF LAW in Support re: #1282 MOTION for Summary Judgment . . Document filed by Triadou SPV S.A...(Skakel, Deborah)
December 21, 2020 Opinion or Order Filing 1382 LETTER MOTION to Seal Reply Memorandum in Support of Motion for Summary Judgment, etc. addressed to Judge Alison J. Nathan from Deborah A. Skakel dated 12/21/20. Document filed by Triadou SPV S.A...(Skakel, Deborah)
December 21, 2020 Opinion or Order Filing 1381 DECLARATION of Deborah A. Skakel in Support re: #1277 MOTION to Preclude the Opinions and Testimony of Tarig Kozouz.. Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit 11, #2 Exhibit 12, #3 Exhibit 13).(Skakel, Deborah)
December 21, 2020 Opinion or Order Filing 1380 REPLY MEMORANDUM OF LAW in Support re: #1277 MOTION to Preclude the Opinions and Testimony of Tarig Kozouz. . Document filed by Triadou SPV S.A...(Skakel, Deborah)
December 21, 2020 Opinion or Order Filing 1379 REPLY AFFIDAVIT of /Reply Declaration of Deborah A. Skakel in Support re: #1274 MOTION to Preclude and Strike Certain Opinions and Proposed Testimony of Jennifer Sims Vu.. Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit 5, #2 Exhibit 6, #3 Exhibit 7).(Skakel, Deborah)
December 21, 2020 Opinion or Order Filing 1378 REPLY MEMORANDUM OF LAW in Support re: #1274 MOTION to Preclude and Strike Certain Opinions and Proposed Testimony of Jennifer Sims Vu. . Document filed by Triadou SPV S.A...(Skakel, Deborah)
December 17, 2020 Opinion or Order Filing 1377 ORDER granting #1376 LETTER MOTION for Leave to File Excess Pages Regarding Reply Memorandum of Law in Support of Triadou's Motion for Summary Judgment. SO ORDERED. (Signed by Judge Alison J. Nathan on 12/17/2020) (jca)
December 15, 2020 Opinion or Order Filing 1376 LETTER MOTION for Leave to File Excess Pages Regarding Reply Memorandum of Law in Support of Triadou's Motion for Summary Judgment addressed to Judge Alison J. Nathan from Deborah A. Skakel dated 12/15/20. Document filed by Triadou SPV S.A...(Skakel, Deborah)
November 24, 2020 Opinion or Order Filing 1375 ENDORSED LETTER addressed to Magistrate Judge Katharine H. Parker from Craig Wenner dated 11/23/2020 re: respectfully request that the COurt so order the dates below. ENDORSEMENT: The parties are also advised that there will be a Case management teleconference in this matter on Monday, January 11, 2021 at 12:00 p.m. Counsel is directed to call into Judge Parker's teleconference line at the scheduled time. Please dial: (868) 434-5269, Access code: 4858267., ( Deposition due by 1/13/2021., Responses due by 12/18/2020, Telephone Conference set for 1/11/2021 at 12:00 PM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 11/24/2020) (rro)
November 19, 2020 Opinion or Order Filing 1374 SEALED DOCUMENT placed in vault..(jus)
November 18, 2020 Opinion or Order Filing 1373 ORDER granting #1370 LETTER MOTION for Extension of Time to File Response/Reply as to #1277 MOTION to Preclude the Opinions and Testimony of Tarig Kozouz., #1308 MOTION to Preclude Opinions of S. Ilan Guedj., #1290 MOTION for Partial Summary Judgment Against Defendant Mukhtar Ablyazov., #1274 MOTION to Preclude and Strike Certain Opinions and Proposed Testimony of Jennifer Sims Vu., #1299 MOTION to Preclude the Opinions of Thomas Tener., #1282 MOTION for Summary Judgment, #1305 MOTION to Preclude Opinions of Ryan Pisarik. SO ORDERED. Responses due by 12/21/2020 (Signed by Judge Alison J. Nathan on 11/17/2020) (jca)
November 13, 2020 Opinion or Order Filing 1372 REPLY MEMORANDUM OF LAW in Support re: #1337 Objection to Report and Recommendations . Document filed by Ilyas Khrapunov..(Solomon, Andrew)
November 12, 2020 Opinion or Order Filing 1371 MEMO ENDORSEMENT on re: (232 in case no. 19cv2645) LETTER addressed to Judge Alison J. Nathan from Craig Wenner dated November 11, 2020 re: Proposed Hague Request to Switzerland. Document filed by BTA Bank JSC, City of Almaty, Kazakhstan. ENDORSEMENT: The Kazakh Entities' request is hereby GRANTED for the reasons stated in this letter. The letters may be picked up from the Clerk's Office. SO ORDERED. (Signed by Judge J. Paul Oetken, sitting in Part I on 11/12/2020) (rjm) Transmission to Orders and Judgments Clerk for processing.
November 12, 2020 Opinion or Order Filing 1370 LETTER MOTION for Extension of Time to File Response/Reply as to #1277 MOTION to Preclude the Opinions and Testimony of Tarig Kozouz., #1308 MOTION to Preclude Opinions of S. Ilan Guedj., #1290 MOTION for Partial Summary Judgment Against Defendant Mukhtar Ablyazov., #1274 MOTION to Preclude and Strike Certain Opinions and Proposed Testimony of Jennifer Sims Vu., #1299 MOTION to Preclude the Opinions of Thomas Tener., #1282 MOTION for Summary Judgment ., #1305 MOTION to Preclude Opinions of Ryan Pisarik. addressed to Judge Alison J. Nathan from Deborah A. Skakel dated 11/12/20. Document filed by Triadou SPV S.A...(Skakel, Deborah)
October 23, 2020 Opinion or Order Filing 1369 OPPOSITION BRIEF re: #1337 Objection to Report and Recommendations . Document filed by BTA Bank JSC, City of Almaty..(Schwartz, Matthew)
October 9, 2020 Opinion or Order Filing 1368 ***SELECTED PARTIES***NOTICE of of Filing of App. A - Sealed Deposition Transcript. Document filed by Frank Monstrey, BTA Bank JSC, Ilyas Khrapunov, Triadou SPV S.A.. (Attachments: #1 Appendix B - Sealed Deposition Transcript)Motion or Order to File Under Seal: #1367 .(Miller, Adam)
October 9, 2020 Opinion or Order Filing 1367 LETTER MOTION to Seal and Redact Exhibits to BTA Bank JSC and City of Almaty's Opposition to Triadou's Motion for Summary Judgment addressed to Judge Alison J. Nathan from Adam Miller dated October 9, 2020. Document filed by Frank Monstrey. (Attachments: #1 Appendix A - Filed Under Seal, #2 Appendix B - Filed Under Seal, #3 Appendix C - Redacted Deposition Transcript, #4 Appendix D - Redacted Deposition Transcript).(Miller, Adam)
October 9, 2020 Opinion or Order Filing 1366 LETTER MOTION to Seal Several Exhibits to the Declaration of Matthew L. Schwartz addressed to Judge Alison J. Nathan from Deborah A. Skakel dated 10/9/20. Document filed by Triadou SPV S.A...(Skakel, Deborah)
October 7, 2020 Opinion or Order Filing 1365 MUKHTAR ABLYAZOV'S OPPOSITION TO BTA BANK JSC'S MOTION FOR PARTIAL SUMMARY JUDGMENT AGAINST MUKHTAR ABLYAZOV, re: #1290 MOTION for Partial Summary Judgment Against Defendant Mukhtar Ablyazov. Document filed by Mukhtar Ablyazov. (sc)
October 6, 2020 Opinion or Order Filing 1364 MEMORANDUM OF LAW in Opposition re: #1282 MOTION for Summary Judgment . . Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Appendix A).(Schwartz, Matthew)
October 6, 2020 Opinion or Order Filing 1363 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #1282 MOTION for Summary Judgment . . Document filed by City of Almaty, BTA Bank JSC, Triadou SPV S.A.. (Attachments: #1 Appendix A)Motion or Order to File Under Seal: #1354 .(Schwartz, Matthew)
October 6, 2020 Opinion or Order Filing 1362 COUNTER STATEMENT TO #1296 Rule 56.1 Statement, #1286 Rule 56.1 Statement. Document filed by BTA Bank JSC, City of Almaty..(Schwartz, Matthew)
October 6, 2020 Opinion or Order Filing 1361 ***SELECTED PARTIES***COUNTER STATEMENT TO #1296 Rule 56.1 Statement, #1286 Rule 56.1 Statement. Document filed by City of Almaty, BTA Bank JSC, Triadou SPV S.A.. Motion or Order to File Under Seal: #1354 .(Schwartz, Matthew)
October 6, 2020 Opinion or Order Filing 1360 DECLARATION of Zhadyra Nartay in Opposition re: #1282 MOTION for Summary Judgment .. Document filed by BTA Bank JSC, City of Almaty..(Schwartz, Matthew)
October 6, 2020 Opinion or Order Filing 1359 DECLARATION of Matthew L. Schwartz in Opposition re: #1282 MOTION for Summary Judgment .. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit 351, #2 Exhibit 352, #3 Exhibit 353, #4 Exhibit 354, #5 Exhibit 355, #6 Exhibit 356, #7 Exhibit 357, #8 Exhibit 358, #9 Exhibit 359, #10 Exhibit 360, #11 Exhibit 361, #12 Exhibit 362, #13 Exhibit 363, #14 Exhibit 364, #15 Exhibit 365, #16 Exhibit 366, #17 Exhibit 367, #18 Exhibit 368, #19 Exhibit 369, #20 Exhibit 370, #21 Exhibit 371, #22 Exhibit 372, #23 Exhibit 373, #24 Exhibit 374, #25 Exhibit 375, #26 Exhibit 376, #27 Exhibit 377, #28 Exhibit 378, #29 Exhibit 379, #30 Exhibit 380, #31 Exhibit 381, #32 Exhibit 382, #33 Exhibit 383, #34 Exhibit 384, #35 Exhibit 385, #36 Exhibit 386, #37 Exhibit 387, #38 Exhibit 388, #39 Exhibit 389A, #40 Exhibit 389B).(Schwartz, Matthew)
October 6, 2020 Opinion or Order Filing 1358 DECLARATION of Matthew L. Schwartz in Opposition re: #1282 MOTION for Summary Judgment .. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit 291, #2 Exhibit 292, #3 Exhibit 293, #4 Exhibit 294, #5 Exhibit 295, #6 Exhibit 296, #7 Exhibit 297, #8 Exhibit 298, #9 Exhibit 299, #10 Exhibit 300, #11 Exhibit 301, #12 Exhibit 302, #13 Exhibit 303, #14 Exhibit 304, #15 Exhibit 305, #16 Exhibit 306, #17 Exhibit 307, #18 Exhibit 308, #19 Exhibit 309, #20 Exhibit 310, #21 Exhibit 311, #22 Exhibit 312, #23 Exhibit 313, #24 Exhibit 314, #25 Exhibit 315, #26 Exhibit 316, #27 Exhibit 317, #28 Exhibit 318, #29 Exhibit 319, #30 Exhibit 320, #31 Exhibit 321, #32 Exhibit 322, #33 Exhibit 323, #34 Exhibit 324, #35 Exhibit 325, #36 Exhibit 326, #37 Exhibit 327, #38 Exhibit 328, #39 Exhibit 329, #40 Exhibit 330, #41 Exhibit 331, #42 Exhibit 332, #43 Exhibit 333, #44 Exhibit 334, #45 Exhibit 335, #46 Exhibit 336, #47 Exhibit 337, #48 Exhibit 338, #49 Exhibit 339, #50 Exhibit 340, #51 Exhibit 341, #52 Exhibit 342, #53 Exhibit 343, #54 Exhibit 344, #55 Exhibit 345, #56 Exhibit 346, #57 Exhibit 347, #58 Exhibit 348, #59 Exhibit 349, #60 Exhibit 350).(Schwartz, Matthew)
October 6, 2020 Opinion or Order Filing 1357 DECLARATION of Matthew L. Schwartz in Opposition re: #1282 MOTION for Summary Judgment .. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit 231, #2 Exhibit 232, #3 Exhibit 233, #4 Exhibit 234, #5 Exhibit 235, #6 Exhibit 236, #7 Exhibit 237, #8 Exhibit 238, #9 Exhibit 239, #10 Exhibit 240, #11 Exhibit 241, #12 Exhibit 242, #13 Exhibit 243, #14 Exhibit 244, #15 Exhibit 245, #16 Exhibit 246, #17 Exhibit 247, #18 Exhibit 248, #19 Exhibit 249, #20 Exhibit 250, #21 Exhibit 251, #22 Exhibit 252, #23 Exhibit 253, #24 Exhibit 254, #25 Exhibit 255, #26 Exhibit 256, #27 Exhibit 257, #28 Exhibit 258, #29 Exhibit 259, #30 Exhibit 260, #31 Exhibit 261, #32 Exhibit 262, #33 Exhibit 263, #34 Exhibit 264, #35 Exhibit 265, #36 Exhibit 266, #37 Exhibit 267, #38 Exhibit 268, #39 Exhibit 269, #40 Exhibit 270, #41 Exhibit 271, #42 Exhibit 272, #43 Exhibit 273, #44 Exhibit 274, #45 Exhibit 275, #46 Exhibit 276, #47 Exhibit 277, #48 Exhibit 278, #49 Exhibit 279, #50 Exhibit 280, #51 Exhibit 281, #52 Exhibit 282, #53 Exhibit 283, #54 Exhibit 284, #55 Exhibit 285, #56 Exhibit 286, #57 Exhibit 287, #58 Exhibit 288, #59 Exhibit 289, #60 Exhibit 290).(Schwartz, Matthew)
October 6, 2020 Opinion or Order Filing 1356 DECLARATION of Matthew L. Schwartz in Opposition re: #1282 MOTION for Summary Judgment .. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit 171, #2 Exhibit 172, #3 Exhibit 173, #4 Exhibit 174, #5 Exhibit 175, #6 Exhibit 176, #7 Exhibit 177, #8 Exhibit 178, #9 Exhibit 179, #10 Exhibit 180, #11 Exhibit 181, #12 Exhibit 182, #13 Exhibit 183, #14 Exhibit 184, #15 Exhibit 185, #16 Exhibit 186, #17 Exhibit 187, #18 Exhibit 188, #19 Exhibit 189, #20 Exhibit 190, #21 Exhibit 191, #22 Exhibit 192, #23 Exhibit 193, #24 Exhibit 194, #25 Exhibit 195, #26 Exhibit 196, #27 Exhibit 197, #28 Exhibit 198, #29 Exhibit 199, #30 Exhibit 200, #31 Exhibit 201, #32 Exhibit 202, #33 Exhibit 203, #34 Exhibit 204, #35 Exhibit 205, #36 Exhibit 206, #37 Exhibit 207, #38 Exhibit 208, #39 Exhibit 209, #40 Exhibit 210, #41 Exhibit 211, #42 Exhibit 212, #43 Exhibit 213, #44 Exhibit 214, #45 Exhibit 215, #46 Exhibit 216, #47 Exhibit 217, #48 Exhibit 218, #49 Exhibit 219, #50 Exhibit 220, #51 Exhibit 221, #52 Exhibit 222, #53 Exhibit 223, #54 Exhibit 224, #55 Exhibit 225, #56 Exhibit 226, #57 Exhibit 227, #58 Exhibit 228, #59 Exhibit 229, #60 Exhibit 230).(Schwartz, Matthew)
October 6, 2020 Opinion or Order Filing 1355 ***SELECTED PARTIES***DECLARATION of Matthew L. Schwartz in Opposition re: #1282 MOTION for Summary Judgment .. Document filed by City of Almaty, BTA Bank JSC, Triadou SPV S.A.. (Attachments: #1 Exhibit 172, #2 Exhibit 173, #3 Exhibit 176, #4 Exhibit 191, #5 Exhibit 209, #6 Exhibit 210, #7 Exhibit 238, #8 Exhibit 306, #9 Exhibit 345, #10 Exhibit 346, #11 Exhibit 347)Motion or Order to File Under Seal: #1354 .(Schwartz, Matthew)
October 6, 2020 Opinion or Order Filing 1354 MOTION to Seal . Document filed by BTA Bank JSC, City of Almaty..(Schwartz, Matthew)
October 6, 2020 Opinion or Order Filing 1353 DECLARATION of Deborah A. Skakel in Opposition re: #1299 MOTION to Preclude the Opinions of Thomas Tener.. Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4).(Skakel, Deborah)
October 6, 2020 Opinion or Order Filing 1352 MEMORANDUM OF LAW in Opposition re: #1299 MOTION to Preclude the Opinions of Thomas Tener. . Document filed by Triadou SPV S.A...(Skakel, Deborah)
October 6, 2020 Opinion or Order Filing 1351 DECLARATION of Matthew L. Schwartz in Opposition re: #1274 MOTION to Preclude and Strike Certain Opinions and Proposed Testimony of Jennifer Sims Vu.. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8).(Schwartz, Matthew)
October 6, 2020 Opinion or Order Filing 1350 MEMORANDUM OF LAW in Opposition re: #1274 MOTION to Preclude and Strike Certain Opinions and Proposed Testimony of Jennifer Sims Vu. . Document filed by BTA Bank JSC, City of Almaty..(Schwartz, Matthew)
October 6, 2020 Opinion or Order Filing 1349 DECLARATION of Matthew L. Schwartz in Opposition re: #1277 MOTION to Preclude the Opinions and Testimony of Tarig Kozouz.. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6).(Schwartz, Matthew)
October 6, 2020 Opinion or Order Filing 1348 MEMORANDUM OF LAW in Opposition re: #1277 MOTION to Preclude the Opinions and Testimony of Tarig Kozouz. . Document filed by BTA Bank JSC, City of Almaty..(Schwartz, Matthew)
October 6, 2020 Opinion or Order Filing 1347 DECLARATION of Deborah A. Skakel in Opposition re: #1308 MOTION to Preclude Opinions of S. Ilan Guedj.. Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15).(Skakel, Deborah)
October 6, 2020 Opinion or Order Filing 1346 MEMORANDUM OF LAW in Opposition re: #1308 MOTION to Preclude Opinions of S. Ilan Guedj. . Document filed by Triadou SPV S.A...(Skakel, Deborah)
October 6, 2020 Opinion or Order Filing 1345 ***SELECTED PARTIES***DECLARATION of Deborah A. Skakel in Opposition re: #1305 MOTION to Preclude Opinions of Ryan Pisarik.. Document filed by Triadou SPV S.A., Mukhtar Ablyazov, BTA Bank JSC, City of Almaty, Ilyas Khrapunov. (Attachments: #1 Exhibit 1 - Report, #2 Exhibit 2 - Transcript, #3 Exhibit 3 - Corrected Declaration, #4 Exhibit 4 - Report, #5 Exhibit 5 - Transcript, #6 Exhibit 6 - Transcript)Motion or Order to File Under Seal: #1341 .(Skakel, Deborah)
October 6, 2020 Opinion or Order Filing 1344 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #1305 MOTION to Preclude Opinions of Ryan Pisarik. . Document filed by Triadou SPV S.A., Mukhtar Ablyazov, BTA Bank JSC, City of Almaty, Ilyas Khrapunov. Motion or Order to File Under Seal: #1341 .(Skakel, Deborah)
October 6, 2020 Opinion or Order Filing 1343 DECLARATION of Deborah A. Skakel in Opposition re: #1305 MOTION to Preclude Opinions of Ryan Pisarik.. Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit 1 - Report, #2 Exhibit 2 - Transcript, #3 Exhibit 3 - Corrected Declaration, #4 Exhibit 4 - Filed under Seal, #5 Exhibit 5 - Transcript, #6 Exhibit 6 - Transcript).(Skakel, Deborah)
October 6, 2020 Opinion or Order Filing 1342 MEMORANDUM OF LAW in Opposition re: #1305 MOTION to Preclude Opinions of Ryan Pisarik. . Document filed by Triadou SPV S.A...(Skakel, Deborah)
October 6, 2020 Opinion or Order Filing 1341 LETTER MOTION to Seal portions of Triadou's memorandum of law and exhibits in opposition to Almaty/BTAs motion to preclude the opinions of Ryan C. Pisarik addressed to Judge Alison J. Nathan from Deborah A. Skakel dated 10/6/20. Document filed by Triadou SPV S.A...(Skakel, Deborah)
September 29, 2020 Opinion or Order Filing 1340 ORDER granting #1339 Letter Motion for Extension of Time. SO ORDERED. (Signed by Judge Alison J. Nathan on 9/28/2020) (va)
September 29, 2020 Opinion or Order Set/Reset Deadlines: Responses due by 10/23/2020, Replies due by 11/13/2020. (va)
September 25, 2020 Opinion or Order Filing 1339 LETTER MOTION for Extension of Time re: briefing schedule for ECF No. 1337 (Objection to Report and Recommendations) addressed to Judge Alison J. Nathan from Matthew L. Schwartz dated September 25, 2020. Document filed by BTA Bank JSC, City of Almaty..(Schwartz, Matthew)
September 22, 2020 Opinion or Order Filing 1338 MEMO ENDORSEMENT on re: (214 in 1:19-cv-02645-AJN-KHP) Letter, filed by BTA Bank JSC, City of Almaty, Kazakhstan. ENDORSEMENT: SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 9/22/2020) (jca)
September 17, 2020 Opinion or Order Filing 1337 OBJECTION to #1248 Report and Recommendations and to Opinion Addressing Jurisdiction to Sanction Dismissed Parties and Objection [ECF 1333] Document filed by Ilyas Khrapunov..(Solomon, Andrew)
September 17, 2020 Opinion or Order Filing 1336 ORDER granting #1335 Letter Motion for Extension of Time to File Response/Reply; granting #1335 Letter Motion for Leave to File Excess Pages. The Court adopts the proposed revised briefing scheduled and grants the request to file an overlength memorandum of law and Rule 56.1 statement. SO ORDERED. (Responses due by 10/6/2020, Replies due by 11/20/2020.) (Signed by Judge Alison J. Nathan on 9/16/2020) (kv)
September 15, 2020 Opinion or Order Filing 1335 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #1331 Order on Motion for Extension of Time to File Response/Reply,, #1282 MOTION for Summary Judgment . addressed to Judge Alison J. Nathan from Matthew L. Schwartz dated September 15, 2020., CONSENT LETTER MOTION for Leave to File Excess Pages addressed to Judge Alison J. Nathan from Matthew L. Schwartz dated September 15, 2020. Document filed by BTA Bank JSC, City of Almaty..(Schwartz, Matthew)
September 10, 2020 Opinion or Order Filing 1334 ORDER ON JUNE 2020 ATTORNEYS' FEES APPLICATION FROM TRIADOU granting #1263 MOTION for Attorney Fees filed by Triadou SPV S.A. Accordingly, the Court awards Triadou attorneys' fees in the amount of $60,228.27 and costs in the amount of $781.16. (Signed by Magistrate Judge Katharine H. Parker on 9/10/2020) (mro)
September 3, 2020 Opinion or Order Filing 1333 OPINION ADDRESSING JURISDICTION TO SANCTION DISMISSED PARTIES AND OBJECTION: For the reasons stated above, the portion of this Court's prior Opinion (ECF No. 1248) imposing monetary sanctions on Ilyas Khrapunov, but not Viktor Khrapunov, for discovery violations is reinstated. That part of the Report and Recommendation recommending that an adverse inference should be imposed against the Khrapunovs and that they should be barred from introducing documents into evidence that have not been produced is not reinstated because it is moot in light of Judge Nathan's Order at ECF No. 1254. Therefore, the Khrapunovs' objection (ECF No. 1255.) is GRANTED in part and DENIED in part and the Court's prior Decision (ECF No. 1248) is reinstated only to the extent consistent with this Order. Plaintiffs are ORDERED to file and serve an affidavit and supporting materials identifying their expenses, including attorney's fees, in accordance with this Order. (Signed by Magistrate Judge Katharine H. Parker on 9/3/2020) (mro)
August 27, 2020 Opinion or Order Filing 1332 OPINION ADDRESSING MOTION FOR RECONSIDERATION re: #1250 MOTION for Reconsideration re; #1246 Order on Motion for Attorney Fees, . filed by City of Almaty, BTA Bank JSC. In short, this Court has already considered and rejected these arguments put forth by the Kazakh Entities. First, the evidence shows that the time spent by Blank Rome on the fee application predominantly consisted of drafting and revising the application's notice of motion, affidavit, submissions of record, and memorandum of law as well as related legal research. (Doc. No. 1228, Ex. 2.) Indeed, the Court explicitly acknowledged that Ms. Michaelson, the Blank Rome associate who performed the majority of the billable work on the fee application, "spent a reasonable amount of time drafting the application." (Dkt. No. 1246 at 8.) As such, the Kazakh Entities' assertion that an inordinate amount of time was spent documenting non-compensable time due to Blank Rome's block-billing practices is contradicted by the weight of evidence and is rejected. Second, the Court acknowledges that its initial Order granting Triadou's Motion for Sanctions was limited to "attorneys' fees and costs associated with the conduct of 50 percent of the deposition." (Dkt. No. 1221 at 14.) However, as stated in the Application Order, in order to obtain the fees and costs it was owed, "Triadou necessarily had to make an application to the Court."(Dkt. No 1246 at 8.) Thus, this Court found, and still finds it reasonable to award Triadou its fees of $5,640.75 in connection with the fee application. For the reasons stated above, the Kazakh Entities' request for reconsideration (Dkt. No. 1250) is denied. (Signed by Magistrate Judge Katharine H. Parker on 8/27/2020) (rj)
August 12, 2020 Opinion or Order Filing 1331 ORDER granting #1330 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #1277 MOTION to Preclude the Opinions and Testimony of Tarig Kozouz., #1308 MOTION to Preclude Opinions of S. Ilan Guedj., #1290 MOTION for Partial Summary Judgment Against Defendant Mukhtar Ablyazov., #1274 MOTION to Preclude and Strike Certain Opinions and Proposed Testimony of Jennifer Sims Vu., #1299 MOTION to Preclude the Opinions of Thomas Tener., #1282 MOTION for Summary Judgment, #1305 MOTION to Preclude Opinions of Ryan Pisarik. SO ORDERED. Responses due by 9/21/2020, Replies due by 11/11/2020. (Signed by Judge Alison J. Nathan on 8/11/2020) (jca)
August 10, 2020 Opinion or Order Filing 1330 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #1277 MOTION to Preclude the Opinions and Testimony of Tarig Kozouz., #1308 MOTION to Preclude Opinions of S. Ilan Guedj., #1290 MOTION for Partial Summary Judgment Against Defendant Mukhtar Ablyazov., #1274 MOTION to Preclude and Strike Certain Opinions and Proposed Testimony of Jennifer Sims Vu., #1299 MOTION to Preclude the Opinions of Thomas Tener., #1282 MOTION for Summary Judgment ., #1305 MOTION to Preclude Opinions of Ryan Pisarik. addressed to Judge Alison J. Nathan from Matthew L. Schwartz dated August 10, 2020. Document filed by BTA Bank JSC, City of Almaty..(Schwartz, Matthew)
August 4, 2020 Opinion or Order Filing 1329 MEMO ENDORSEMENT on re: (208 in 1:19-cv-02645-AJN-KHP) Letter, filed by BTA Bank JSC, City of Almaty, Kazakhstan. ENDORSEMENT: The Kazakh Entities' request is hereby GRANTED for the reasons stated in this letter. The letters may be picked up from the Clerk's Office. SO ORDERED. (Signed by Judge Alison J. Nathan on 8/4/2020) (rro) Transmission to Orders and Judgments Clerk for processing.
July 30, 2020 Opinion or Order Filing 1328 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a status conference proceeding held on 7/23/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days..(rro)
July 30, 2020 Opinion or Order Filing 1327 TRANSCRIPT of Proceedings re: status conference held on 7/23/2020 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/20/2020. Redacted Transcript Deadline set for 8/31/2020. Release of Transcript Restriction set for 10/28/2020..(rro)
July 28, 2020 Opinion or Order Filing 1326 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a status conference proceeding held on 7/23/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.(rro)
July 28, 2020 Opinion or Order Filing 1325 TRANSCRIPT of Proceedings re: status conference held on 7/23/2020 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/18/2020. Redacted Transcript Deadline set for 8/28/2020. Release of Transcript Restriction set for 10/26/2020..(rro)
July 27, 2020 Opinion or Order Filing 1324 AFFIDAVIT OF SERVICE of Reply Memorandum of Law (ECF No. #1323 ) in Further Support of Motion for Reconsideration (ECF No. #1269 ) served on Mukhtar Ablyazov on 07/24/20. Document filed by BTA Bank JSC..(Wenner, Craig)
July 24, 2020 Opinion or Order Filing 1323 REPLY MEMORANDUM OF LAW in Support re: #1269 MOTION for Reconsideration re; #1254 Memorandum & Opinion, Add and Terminate Parties,,,,,,,, . . Document filed by BTA Bank JSC..(Schwartz, Matthew)
July 23, 2020 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Status Conference held on 7/23/2020. AT&T Conference Line. (ca)
July 21, 2020 Opinion or Order Filing 1322 MUKHTAR ABLYAZOV'S OPPOSITION(Affirmation) TO MOTION BY BTA BANK TO SHOW CAUSE TO RETAIN THE JUDGMENT ENFORCEMENT CLAIM AGAINST MUKHTAR ABLYAZOV, re: #1269 MOTION for Reconsideration re; #1254 Memorandum & Opinion, Add and Terminate Parties . Document filed by Mukhtar Ablyazov.(sc)
July 17, 2020 Opinion or Order Filing 1321 LETTER addressed to Magistrate Judge Katharine H. Parker from Andrew T. Solomon dated July 17, 2020 re: Response to Plaintiffs' June 30, 2020 Submission on Sanctions (ECF 1273). Document filed by Ilyas Khrapunov, Viktor Khrapunov..(Solomon, Andrew)
July 16, 2020 Opinion or Order Filing 1320 ORDER FOR ADMISSION PRO HAC VICE granting #1319 Motion for Adam Miller to Appear Pro Hac Vice. (Signed by Magistrate Judge Katharine H. Parker on 7/16/2020) (rjm)
July 15, 2020 Opinion or Order Filing 1319 MOTION for Adam B. Miller to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20697513. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Frank Monstrey. (Attachments: #1 Illinois Certificate of Good Standing, #2 DC Certificate of Good Standing, #3 Affidavit of Adam Miller, #4 Text of Proposed Order).(Miller, Adam)
July 15, 2020 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #1319 MOTION for Adam B. Miller to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20697513. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
July 13, 2020 Opinion or Order Filing 1318 MEMORANDUM OF LAW in Opposition re: #1269 MOTION for Reconsideration re; #1254 Memorandum & Opinion, Add and Terminate Parties,,,,,,,, . . Document filed by Ilyas Khrapunov..(Solomon, Andrew)
July 7, 2020 Opinion or Order Filing 1317 LETTER MOTION to Seal Exhibit to Triadou's Motion for Summary Judgment (ECF No. 1289-8) addressed to Judge Alison J. Nathan from Matthew L. Schwartz dated 7/7/20. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit A).(Schwartz, Matthew)
July 7, 2020 Opinion or Order Filing 1316 AFFIDAVIT OF SERVICE of Motion for Partial Summary Judgment (ECF No. #1290 ) and related papers served on Mukhtar Ablyazov on 07/02/20. Document filed by BTA Bank JSC..(Wenner, Craig)
July 6, 2020 Opinion or Order Filing 1315 LETTER MOTION to Seal Exhibits to Triadou's Motion for Summary Judgment addressed to Judge Alison J. Nathan from Eugene Illovsky dated July 6, 2020. Document filed by Gennady Petelin..(Illovsky, Eugene)
July 6, 2020 Opinion or Order Filing 1314 ***SELECTED PARTIES***NOTICE of Filing Appendix to Frank Monstrey's Letter Motion to Seal and Redact Exhibits to Triadou's Motion for Summary Judgment re: #1313 LETTER MOTION to Seal and Redact Exhibits to Triadous Motion for Summary Judgment addressed to Judge Alison J. Nathan from Alyssa M. Helfer dated 07/06/20.. Document filed by Frank Monstrey, BTA Bank JSC, Ilyas Khrapunov, Triadou SPV S.A.. Motion or Order to File Under Seal: #1313 .(Helfer, Alyssa)
July 6, 2020 Opinion or Order Filing 1313 FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - LETTER MOTION to Seal and Redact Exhibits to Triadous Motion for Summary Judgment addressed to Judge Alison J. Nathan from Alyssa M. Helfer dated 07/06/20. Document filed by Frank Monstrey..(Helfer, Alyssa) Modified on 7/27/2020 (lb).
July 6, 2020 Opinion or Order Filing 1312 NOTICE OF APPEARANCE by Alyssa Marie Helfer on behalf of Frank Monstrey..(Helfer, Alyssa)
July 2, 2020 Opinion or Order Filing 1311 LETTER MOTION for Oral Argument re: Motion for Partial Summary Judgment (ECF No. #1290 ) and Motions to Preclude (ECF Nos. #1299 , #1305 , #1308 ) addressed to Judge Alison J. Nathan from Matthew L. Schwartz dated 07/01/20. Document filed by BTA Bank JSC, City of Almaty..(Schwartz, Matthew)
July 2, 2020 Opinion or Order Filing 1310 DECLARATION of Matthew L. Schwartz in Support re: #1308 MOTION to Preclude Opinions of S. Ilan Guedj.. Document filed by BTA Bank JSC, City of Almaty..(Schwartz, Matthew)
July 2, 2020 Opinion or Order Filing 1309 MEMORANDUM OF LAW in Support re: #1308 MOTION to Preclude Opinions of S. Ilan Guedj. . Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 A, #2 B, #3 C, #4 D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V).(Schwartz, Matthew)
July 1, 2020 Opinion or Order Filing 1308 MOTION to Preclude Opinions of S. Ilan Guedj. Document filed by BTA Bank JSC, City of Almaty..(Schwartz, Matthew)
July 1, 2020 Opinion or Order Filing 1307 DECLARATION of Matthew L. Schwartz in Support re: #1305 MOTION to Preclude Opinions of Ryan Pisarik.. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L).(Schwartz, Matthew)
July 1, 2020 Opinion or Order Filing 1306 MEMORANDUM OF LAW in Support re: #1305 MOTION to Preclude Opinions of Ryan Pisarik. . Document filed by BTA Bank JSC, City of Almaty..(Schwartz, Matthew)
July 1, 2020 Opinion or Order Filing 1305 MOTION to Preclude Opinions of Ryan Pisarik. Document filed by BTA Bank JSC, City of Almaty..(Schwartz, Matthew)
July 1, 2020 Opinion or Order Filing 1304 ***SELECTED PARTIES***DECLARATION of Matthew L. Schwartz in Support re: #1302 LETTER MOTION to Seal Exhibit to Motion to Preclude the Opinions of Ryan Pisarik addressed to Judge Alison J. Nathan from Matthew L. Schwartz dated 07/01/20.. Document filed by BTA Bank JSC, City of Almaty, Mukhtar Ablyazov, Ilyas Khrapunov, Triadou SPV S.A.. (Attachments: #1 Exhibit A (Sealed))Motion or Order to File Under Seal: #1302 .(Schwartz, Matthew)
July 1, 2020 Opinion or Order Filing 1303 DECLARATION of Matthew L. Schwartz in Support re: #1302 LETTER MOTION to Seal Exhibit to Motion to Preclude the Opinions of Ryan Pisarik addressed to Judge Alison J. Nathan from Matthew L. Schwartz dated 07/01/20.. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit A (Redacted)).(Schwartz, Matthew)
July 1, 2020 Opinion or Order Filing 1302 LETTER MOTION to Seal Exhibit to Motion to Preclude the Opinions of Ryan Pisarik addressed to Judge Alison J. Nathan from Matthew L. Schwartz dated 07/01/20. Document filed by BTA Bank JSC, City of Almaty..(Schwartz, Matthew)
July 1, 2020 Opinion or Order Filing 1301 MEMORANDUM OF LAW in Support re: #1299 MOTION to Preclude the Opinions of Thomas Tener. . Document filed by BTA Bank JSC, City of Almaty..(Schwartz, Matthew)
July 1, 2020 Opinion or Order Filing 1300 DECLARATION of Matthew L. Schwartz in Support re: #1299 MOTION to Preclude the Opinions of Thomas Tener.. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E).(Schwartz, Matthew)
July 1, 2020 Opinion or Order Filing 1299 MOTION to Preclude the Opinions of Thomas Tener. Document filed by BTA Bank JSC, City of Almaty..(Schwartz, Matthew)
July 1, 2020 Opinion or Order Filing 1298 DECLARATION of Matthew L. Schwartz in Support re: #1290 MOTION for Partial Summary Judgment Against Defendant Mukhtar Ablyazov.. Document filed by BTA Bank JSC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA).(Schwartz, Matthew)
July 1, 2020 Opinion or Order Filing 1297 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #1282 MOTION for Summary Judgment . . Document filed by Triadou SPV S.A., Mukhtar Ablyazov, BTA Bank JSC, City of Almaty, Ilyas Khrapunov. Motion or Order to File Under Seal: #1280 .(Skakel, Deborah)
July 1, 2020 Opinion or Order Filing 1296 ***SELECTED PARTIES***RULE 56.1 STATEMENT. Document filed by Triadou SPV S.A., Mukhtar Ablyazov, BTA Bank JSC, City of Almaty, Ilyas Khrapunov. Motion or Order to File Under Seal: #1280 .(Skakel, Deborah)
July 1, 2020 Opinion or Order Filing 1295 ***SELECTED PARTIES***DECLARATION of Deborah A. Skakel in Support re: #1290 MOTION for Partial Summary Judgment Against Defendant Mukhtar Ablyazov.. Document filed by Triadou SPV S.A., Mukhtar Ablyazov, BTA Bank JSC, City of Almaty, Ilyas Khrapunov. (Attachments: #1 Exhibit 121, #2 Exhibit 122, #3 Exhibit 123, #4 Exhibit 124, #5 Exhibit 125, #6 Exhibit 126, #7 Exhibit 127, #8 Exhibit 128, #9 Exhibit 129, #10 Exhibit 130, #11 Exhibit 131, #12 Exhibit 132, #13 Exhibit 133, #14 Exhibit 134, #15 Exhibit 135, #16 Exhibit 136, #17 Exhibit 137, #18 Exhibit 138, #19 Exhibit 139, #20 Exhibit 140, #21 Exhibit 141, #22 Exhibit 142, #23 Exhibit 143, #24 Exhibit 144, #25 Exhibit 145, #26 Exhibit 146, #27 Exhibit 147, #28 Exhibit 148, #29 Exhibit 149, #30 Exhibit 150, #31 Exhibit 151, #32 Exhibit 152, #33 Exhibit 153, #34 Exhibit 154, #35 Exhibit 155, #36 Exhibit 156, #37 Exhibit 157, #38 Exhibit 158, #39 Exhibit 159, #40 Exhibit 160, #41 Exhibit 161, #42 Exhibit 162, #43 Exhibit 163, #44 Exhibit 164, #45 Exhibit 165, #46 Exhibit 166, #47 Exhibit 167, #48 Exhibit 168, #49 Exhibit 169, #50 Exhibit 170)Motion or Order to File Under Seal: #1280 .(Skakel, Deborah)
July 1, 2020 Opinion or Order Filing 1294 MEMORANDUM OF LAW in Support re: #1290 MOTION for Partial Summary Judgment Against Defendant Mukhtar Ablyazov. . Document filed by BTA Bank JSC..(Schwartz, Matthew)
July 1, 2020 Opinion or Order Filing 1293 NOTICE of Rules to Pro Se Litigant Who Opposes a Motion for Summary Judgment, per Local Civil Rule 56.2 re: #1290 MOTION for Partial Summary Judgment Against Defendant Mukhtar Ablyazov.. Document filed by BTA Bank JSC..(Schwartz, Matthew)
July 1, 2020 Opinion or Order Filing 1292 RULE 56.1 STATEMENT. Document filed by BTA Bank JSC..(Schwartz, Matthew)
July 1, 2020 Opinion or Order Filing 1291 DECLARATION of Zhadyra Nartay in Support re: #1290 MOTION for Partial Summary Judgment Against Defendant Mukhtar Ablyazov.. Document filed by BTA Bank JSC..(Schwartz, Matthew)
July 1, 2020 Opinion or Order Filing 1290 MOTION for Partial Summary Judgment Against Defendant Mukhtar Ablyazov. Document filed by BTA Bank JSC..(Schwartz, Matthew)
July 1, 2020 Opinion or Order Filing 1289 ***SELECTED PARTIES***DECLARATION of Deborah A. Skakel in Support re: #1282 MOTION for Summary Judgment .. Document filed by Triadou SPV S.A., Mukhtar Ablyazov, BTA Bank JSC, City of Almaty, Ilyas Khrapunov. (Attachments: #1 Exhibit 61, #2 Exhibit 62, #3 Exhibit 63, #4 Exhibit 64, #5 Exhibit 65, #6 Exhibit 66, #7 Exhibit 67, #8 Exhibit 68, #9 Exhibit 69, #10 Exhibit 70, #11 Exhibit 71, #12 Exhibit 72, #13 Exhibit 73, #14 Exhibit 74, #15 Exhibit 75, #16 Exhibit 76, #17 Exhibit 77, #18 Exhibit 78, #19 Exhibit 79, #20 Exhibit 80, #21 Exhibit 81, #22 Exhibit 82, #23 Exhibit 83, #24 Exhibit 84, #25 Exhibit 85, #26 Exhibit 86, #27 Exhibit 87, #28 Exhibit 88, #29 Exhibit 89, #30 Exhibit 90, #31 Exhibit 91, #32 Exhibit 92, #33 Exhibit 93, #34 Exhibit 94, #35 Exhibit 95, #36 Exhibit 96, #37 Exhibit 97, #38 Exhibit 98, #39 Exhibit 99, #40 Exhibit 100, #41 Exhibit 101, #42 Exhibit 102, #43 Exhibit 103, #44 Exhibit 104, #45 Exhibit 105, #46 Exhibit 106, #47 Exhibit 107, #48 Exhibit 108, #49 Exhibit 109, #50 Exhibit 110, #51 Exhibit 111, #52 Exhibit 112, #53 Exhibit 113, #54 Exhibit 114, #55 Exhibit 115, #56 Exhibit 116, #57 Exhibit 117, #58 Exhibit 118, #59 Exhibit 119, #60 Exhibit 120)Motion or Order to File Under Seal: #1280 .(Skakel, Deborah)
July 1, 2020 Opinion or Order Filing 1288 ***SELECTED PARTIES***DECLARATION of Deborah A. Skakel in Support re: #1282 MOTION for Summary Judgment .. Document filed by Triadou SPV S.A., Mukhtar Ablyazov, BTA Bank JSC, City of Almaty, Ilyas Khrapunov. (Attachments: #1 Appendix A, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 14A, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19, #22 Exhibit 20, #23 Exhibit 21, #24 Exhibit 22A, #25 Exhibit 22B, #26 Exhibit 22C, #27 Exhibit 23, #28 Exhibit 24, #29 Exhibit 25, #30 Exhibit 26, #31 Exhibit 27, #32 Exhibit 28, #33 Exhibit 29, #34 Exhibit 30, #35 Exhibit 31, #36 Exhibit 32, #37 Exhibit 33, #38 Exhibit 34, #39 Exhibit 35, #40 Exhibit 36, #41 Exhibit 37, #42 Exhibit 38, #43 Exhibit 39, #44 Exhibit 40, #45 Exhibit 41, #46 Exhibit 42, #47 Exhibit 43, #48 Exhibit 44, #49 Exhibit 45, #50 Exhibit 46, #51 Exhibit 47, #52 Exhibit 48, #53 Exhibit 49, #54 Exhibit 50, #55 Exhibit 51, #56 Exhibit 52, #57 Exhibit 53, #58 Exhibit 54, #59 Exhibit 55, #60 Exhibit 56, #61 Exhibit 57, #62 Exhibit 58, #63 Exhibit 59, #64 Exhibit 60)Motion or Order to File Under Seal: #1280 .(Skakel, Deborah)
July 1, 2020 Opinion or Order Filing 1287 MEMORANDUM OF LAW in Support re: #1282 MOTION for Summary Judgment . Redacted. Document filed by Triadou SPV S.A...(Skakel, Deborah)
July 1, 2020 Opinion or Order Filing 1286 RULE 56.1 STATEMENT. Document filed by Triadou SPV S.A...(Skakel, Deborah)
July 1, 2020 Opinion or Order Filing 1285 DECLARATION of Deborah A. Skakel in Support re: #1282 MOTION for Summary Judgment .. Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit 121, #2 Exhibit 122, #3 Exhibit 123, #4 Exhibit 124, #5 Exhibit 125, #6 Exhibit 126, #7 Exhibit 127, #8 Exhibit 128, #9 Exhibit 129, #10 Exhibit 130, #11 Exhibit 131, #12 Exhibit 132, #13 Exhibit 133, #14 Exhibit 134, #15 Exhibit 135, #16 Exhibit 136, #17 Exhibit 137, #18 Exhibit 138, #19 Exhibit 139, #20 Exhibit 140, #21 Exhibit 141, #22 Exhibit 142, #23 Exhibit 143, #24 Exhibit 144, #25 Exhibit 145, #26 Exhibit 146, #27 Exhibit 147, #28 Exhibit 148, #29 Exhibit 149, #30 Exhibit 150, #31 Exhibit 151, #32 Exhibit 152, #33 Exhibit 153, #34 Exhibit 154, #35 Exhibit 155, #36 Exhibit 156, #37 Exhibit 157, #38 Exhibit 158, #39 Exhibit 159, #40 Exhibit 160, #41 Exhibit 161, #42 Exhibit 162, #43 Exhibit 163, #44 Exhibit 164, #45 Exhibit 165, #46 Exhibit 166, #47 Exhibit 167, #48 Exhibit 168, #49 Exhibit 169, #50 Exhibit 170).(Skakel, Deborah)
July 1, 2020 Opinion or Order Filing 1284 DECLARATION of Deborah A. Skakel in Support re: #1282 MOTION for Summary Judgment .. Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit 61, #2 Exhibit 62, #3 Exhibit 63, #4 Exhibit 64, #5 Exhibit 65, #6 Exhibit 66, #7 Exhibit 67, #8 Exhibit 68, #9 Exhibit 69, #10 Exhibit 70, #11 Exhibit 71, #12 Exhibit 72, #13 Exhibit 73, #14 Exhibit 74, #15 Exhibit 75, #16 Exhibit 76, #17 Exhibit 77, #18 Exhibit 78, #19 Exhibit 79, #20 Exhibit 80, #21 Exhibit 81, #22 Exhibit 82, #23 Exhibit 83, #24 Exhibit 84, #25 Exhibit 85, #26 Exhibit 86, #27 Exhibit 87, #28 Exhibit 88, #29 Exhibit 89, #30 Exhibit 90, #31 Exhibit 91, #32 Exhibit 92, #33 Exhibit 93, #34 Exhibit 94, #35 Exhibit 95, #36 Exhibit 96, #37 Exhibit 97, #38 Exhibit 98, #39 Exhibit 99, #40 Exhibit 100, #41 Exhibit 101, #42 Exhibit 102, #43 Exhibit 103, #44 Exhibit 104, #45 Exhibit 105, #46 Exhibit 106, #47 Exhibit 107, #48 Exhibit 108, #49 Exhibit 109, #50 Exhibit 110, #51 Exhibit 111, #52 Exhibit 112, #53 Exhibit 113, #54 Exhibit 114, #55 Exhibit 115, #56 Exhibit 116, #57 Exhibit 117, #58 Exhibit 118, #59 Exhibit 119, #60 Exhibit 120).(Skakel, Deborah)
July 1, 2020 Opinion or Order Filing 1283 DECLARATION of Deborah A. Skakel in Support re: #1282 MOTION for Summary Judgment .. Document filed by Triadou SPV S.A.. (Attachments: #1 Appendix A, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 14A, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19, #22 Exhibit 20, #23 Exhibit 21, #24 Exhibit 22A, #25 Exhibit 22B, #26 Exhibit 22C, #27 Exhibit 23, #28 Exhibit 24, #29 Exhibit 25, #30 Exhibit 26, #31 Exhibit 27, #32 Exhibit 28, #33 Exhibit 29, #34 Exhibit 30, #35 Exhibit 31, #36 Exhibit 32, #37 Exhibit 33, #38 Exhibit 34, #39 Exhibit 35, #40 Exhibit 36, #41 Exhibit 37, #42 Exhibit 38, #43 Exhibit 39, #44 Exhibit 40, #45 Exhibit 41, #46 Exhibit 42, #47 Exhibit 43, #48 Exhibit 44, #49 Exhibit 45, #50 Exhibit 46, #51 Exhibit 47, #52 Exhibit 48, #53 Exhibit 49, #54 Exhibit 50, #55 Exhibit 51, #56 Exhibit 52, #57 Exhibit 53, #58 Exhibit 54, #59 Exhibit 55, #60 Exhibit 56, #61 Exhibit 57, #62 Exhibit 58, #63 Exhibit 59, #64 Exhibit 60).(Skakel, Deborah)
July 1, 2020 Opinion or Order Filing 1282 MOTION for Summary Judgment . Document filed by Triadou SPV S.A...(Skakel, Deborah)
July 1, 2020 Opinion or Order Filing 1281 MEMORANDUM OF LAW in Support re: #1280 MOTION to Seal Portions of Triadou's Motion for Summary Judgment, Its Local Civil Rule 56.1 Statement, and Certain Exhibits in Support Thereof. . Document filed by Triadou SPV S.A...(Skakel, Deborah)
July 1, 2020 Opinion or Order Filing 1280 MOTION to Seal Portions of Triadou's Motion for Summary Judgment, Its Local Civil Rule 56.1 Statement, and Certain Exhibits in Support Thereof. Document filed by Triadou SPV S.A...(Skakel, Deborah)
July 1, 2020 Opinion or Order Filing 1279 DECLARATION of Deborah A. Skakel in Support re: #1277 MOTION to Preclude the Opinions and Testimony of Tarig Kozouz.. Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10).(Skakel, Deborah)
July 1, 2020 Opinion or Order Filing 1278 MEMORANDUM OF LAW in Support re: #1277 MOTION to Preclude the Opinions and Testimony of Tarig Kozouz. . Document filed by Triadou SPV S.A...(Skakel, Deborah)
July 1, 2020 Opinion or Order Filing 1277 MOTION to Preclude the Opinions and Testimony of Tarig Kozouz. Document filed by Triadou SPV S.A...(Skakel, Deborah)
July 1, 2020 Opinion or Order Filing 1276 DECLARATION of Deborah A. Skakel in Support re: #1274 MOTION to Preclude and Strike Certain Opinions and Proposed Testimony of Jennifer Sims Vu.. Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4).(Skakel, Deborah)
July 1, 2020 Opinion or Order Filing 1275 MEMORANDUM OF LAW in Support re: #1274 MOTION to Preclude and Strike Certain Opinions and Proposed Testimony of Jennifer Sims Vu. . Document filed by Triadou SPV S.A...(Skakel, Deborah)
July 1, 2020 Opinion or Order Filing 1274 MOTION to Preclude and Strike Certain Opinions and Proposed Testimony of Jennifer Sims Vu. Document filed by Triadou SPV S.A...(Skakel, Deborah)
June 30, 2020 Opinion or Order Filing 1273 LETTER addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated June 30, 2020 re: Response to Order at ECF No. 1259. Document filed by BTA Bank JSC, City of Almaty..(Schwartz, Matthew)
June 23, 2020 Opinion or Order Filing 1272 RESPONSE in Opposition to Motion re: #1263 MOTION for Attorney Fees . . Document filed by BTA Bank JSC, City of Almaty..(Schwartz, Matthew)
June 22, 2020 Opinion or Order Filing 1271 LETTER MOTION for Oral Argument re: Motion for Reconsideration (ECF No. #1269 ) addressed to Judge Alison J. Nathan from Matthew L. Schwartz dated 06/22/2020. Document filed by BTA Bank JSC..(Schwartz, Matthew)
June 22, 2020 Opinion or Order Filing 1270 MEMORANDUM OF LAW in Support re: #1269 MOTION for Reconsideration re; #1254 Memorandum & Opinion, Add and Terminate Parties,,,,,,,, . . Document filed by BTA Bank JSC..(Schwartz, Matthew)
June 22, 2020 Opinion or Order Filing 1269 MOTION for Reconsideration re; #1254 Memorandum & Opinion, Add and Terminate Parties,,,,,,,, . Document filed by BTA Bank JSC..(Schwartz, Matthew)
June 15, 2020 Opinion or Order Filing 1268 JOINT LETTER addressed to Magistrate Judge Katharine H. Parker from Craig Wenner dated June 15, 2020 re: Response to Order at ECF No. 1259. Document filed by BTA Bank JSC, City of Almaty..(Wenner, Craig)
June 15, 2020 Opinion or Order Filing 1267 ORDER granting #1266 CONSENT LETTER MOTION for Extension of Time to Respond to the Court's June 1 Order, and to Set an Associated Briefing Schedule addressed to Judge Alison J. Nathan from Matthew L. Schwartz dated June 11, 2020. Document filed by BTA Bank JSC. So ordered. (Motions due by 6/22/2020). (Signed by Judge Alison J. Nathan on 6/15/2020) (rjm)
June 15, 2020 Opinion or Order Set/Reset Deadlines: Responses due by 7/13/2020. Replies due by 7/24/2020. (rjm)
June 11, 2020 Opinion or Order Filing 1266 CONSENT LETTER MOTION for Extension of Time to Respond to the Court's June 1 Order, and to Set an Associated Briefing Schedule addressed to Judge Alison J. Nathan from Matthew L. Schwartz dated June 11, 2020. Document filed by BTA Bank JSC..(Schwartz, Matthew)
June 9, 2020 Opinion or Order Filing 1265 DECLARATION of Deborah A. Skakel in Support re: #1263 MOTION for Attorney Fees .. Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4).(Skakel, Deborah)
June 9, 2020 Opinion or Order Filing 1264 MEMORANDUM OF LAW in Support re: #1263 MOTION for Attorney Fees . (Motion for Attorney Fees pursuant to the Court's May 19, 2020 Order [ECF 1248]). Document filed by Triadou SPV S.A...(Skakel, Deborah)
June 9, 2020 Opinion or Order Filing 1263 MOTION for Attorney Fees . Document filed by Triadou SPV S.A...(Skakel, Deborah)
June 5, 2020 Opinion or Order Filing 1262 MEMORANDUM OF LAW in Opposition re: #1250 MOTION for Reconsideration re; #1246 Order on Motion for Attorney Fees,,, . . Document filed by Triadou SPV S.A...(Skakel, Deborah)
June 5, 2020 Opinion or Order Filing 1261 ORDER terminating #1224 Motion for Discovery (HEREBY ORDERED by Magistrate Judge Katharine H. Parker)(Text Only Order) (Parker, Katharine)
June 4, 2020 Opinion or Order Filing 1260 ORDER NOTING CORRECTIONS TO ECF 1248: The Court has reviewed Defendant Triadou SPV S.A.'s ("Triadou") letter regarding certain factual corrections that should be noted by the Court. None of these factual issues are material to the Court's decision. For the sake of clarity, however, the Court notes the following corrections to its prior decision at ECF No. 1248 based on clarifications provided by Triadou: The Eesh Aggarwal documents produced by Plaintiffs in this case were obtained from Dubai law enforcement and not directly from Aggarwal.The Bourg and Meyer emails were deleted from SDG's servers prior to August 2014, not in connection with the August 2014 office move. Their accounts were deactivated in August 2014. Kevin Meyer first produced the email referencing Litco in January 2018. The Court finds no other clarifications or corrections are required. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 6/04/2020) (ama)
June 4, 2020 Opinion or Order Filing 1259 ORDER. In light of the dismissal of claims against Viktor and Ilyas Khrapunov, the portion of this Court's order imposing sanctions on the Khrapunovs for discovery violations [ECF No. 1248] is VACATED. This Order renders the Khrapunov's objection to the order at ECF No. 1255 moot. That objection is therefore terminated. To the extent Plaintiffs still seek discovery sanctions, they shall file a letter by June 30, 2020 setting forth the authority for this Court to impose sanctions on the Khrapunovs. The Khrapunovs shall have until July 17, 2020 to respond. The letters shall be no longer than 3 pages. A telephonic conference is scheduled for July 23, 2020 at noon. The parties shall utilize the following dial in number: 866-434-5269 access code 4858267. Additionally, Plaintiffs and Triadou shall files a joint letter with this Court by June 15, 2020 advising this Court as to whether another settlement conference with this Court could be productive. (HEREBY ORDERED by Magistrate Judge Katharine H. Parker) (Text Only Order) (Parker, Katharine)
June 3, 2020 Opinion or Order Filing 1258 ORDER granting #1257 Letter Motion for Leave to File Excess Pages. SO ORDERED. (Signed by Judge Alison J. Nathan on 6/3/2020) (va)
June 3, 2020 Opinion or Order Filing 1257 CONSENT LETTER MOTION for Leave to File Excess Pages /Overlenght Memorandum of Law and Rule 56.1 Statement and to Confirm Current Deadline to File Summary Judgment and Daubert Briefs addressed to Judge Alison J. Nathan from Deborah A. Skakel dated 6/3/20. Document filed by Triadou SPV S.A...(Skakel, Deborah)
June 3, 2020 Opinion or Order Set/Reset Deadlines: Motions due by 7/1/2020. Responses due by 8/19/2020. Replies due by 9/16/2020. (va)
June 2, 2020 Opinion or Order Filing 1256 AFFIDAVIT OF SERVICE of Order dated June 1, 2020 [ECF No. 1254] served on Mukhtar Ablyazov on June 1, 2020. Document filed by BTA Bank JSC, City of Almaty..(Wenner, Craig)
June 1, 2020 Opinion or Order Filing 1255 OBJECTION to #1248 Report and Recommendations Document filed by Ilyas Khrapunov, Viktor Khrapunov..(Solomon, Andrew)
June 1, 2020 Opinion or Order Filing 1254 OPINION AND ORDER. For the foregoing reasons, Triadou's motion in DENIED and Khrapunov's motion is GRANTED. Because the Court now dismisses the foreign judgment recognition claim against Khrapunov, it DENIES his objections to the addition of this claim as moot. Within three weeks of the date of this Opinion and Order, the Kazakh Entities and Ablyazov are hereby ordered to show cause why the foreign judgment enforcement claim against Ablyazov should not also be dismissed for lack of subject matter jurisdiction. Within two weeks of the date of this Opinion and Order, counsel for the Kazakh Entities is hereby ordered to serve a copy of the Opinion and Order on Mukhtar Ablyazov and file an affidavit of service on ECF. This resolves Dkt. Nos. 1023, 1069, and 1105. SO ORDERED. re: #1023 MOTION for Judgment on the Pleadings (Partial) or, Alternatively, MOTION for Reconsideration re; #996 Memorandum & Opinion, (Partial) filed by Triadou SPV S.A., #1105 MOTION to Dismiss Third Amended Crossclaims filed by Ilyas Khrapunov. Ilyas Khrapunov terminated. (Signed by Judge Alison J. Nathan on 6/1/2020) (rjm)
June 1, 2020 Opinion or Order Filing 1253 LETTER addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 6/1/20 re: Letter Concerning May 19, 2020 Opinion & Order & Report & Recommendation. Document filed by Triadou SPV S.A...(Skakel, Deborah)
June 1, 2020 Opinion or Order Filing 1252 MEMO ENDORSEMENT on re: #1247 Letter filed by Mukhtar Ablyazov. ENDORSEMENT: The enforcement of this Court's Opinion and Order at ECF No. 1216 is hereby stayed pending the Honorable Alison J. Nathan's ruling on the Opinion and Order and Report and Recommendation at ECF NO. 1101. (Signed by Magistrate Judge Katharine H. Parker on 6/1/2020) (mro)
May 28, 2020 Opinion or Order Filing 1251 MEMORANDUM OF LAW in Support re: #1250 MOTION for Reconsideration re; #1246 Order on Motion for Attorney Fees,,, . . Document filed by BTA Bank JSC, City of Almaty..(Schwartz, Matthew)
May 28, 2020 Opinion or Order Filing 1250 MOTION for Reconsideration re; #1246 Order on Motion for Attorney Fees,,, . Document filed by BTA Bank JSC, City of Almaty..(Schwartz, Matthew)
May 26, 2020 Opinion or Order Filing 1249 MEMORANDUM & ORDER denying #987 Motion. For the foregoing reasons, the Monitor's motion is DENIED. This resolves Dkt. No. 987. SO ORDERED. (Signed by Judge Alison J. Nathan on 5/26/2020) (ks)
May 19, 2020 Opinion or Order Filing 1248 OPINION & ORDER & REPORT & RECOMMENDATION: For the reasons set forth above, Plaintiffs' Motion for Sanctions against the Khrapunovs is GRANTED, as set forth above; Plaintiffs' Motion for Sanctions against Triadou is DENIED; Triadou's and the Khrapunovs' Motions for Sanctions against Plaintiffs are DENIED, except insofar as this Court previously held that Plaintiffs over-withheld privileged documents. The Khrapunovs shall pay Plaintiffs' attorneys' fees and costs in connection with their various motions to compel discovery and the instant Motions for Sanctions. Additionally, I respectfully recommend that, consistent with Rule 37(c)(1), the Khrapunovs be precluded from offering or referring to any documents not produced in discovery in opposition to any dispositive motion or at trial. This sanction is needed to ensure that the Khrapunovs will not be rewarded for their refusal to participate in discovery and to deter noncompliance with discovery obligations. I also recommend that the Court draw an adverse inference against the Khrapunovs for purposes of determining liability as a sanction for their failure to produce relevant documents over which they have custody and control, Ilyas Khrapunov's spoliation of evidence, and both Khrapunovs' failure to provide full and credible responses to deposition questions and interrogatories concerning their finances. Triadou and the Khrapunovs shall be entitled to their attorneys' fees and costs in connection with this Court's granting of their Motion for Sanctions and Motions to Compel production of communications with Sater and Monstrey that Plaintiffs' initially withheld on the basis of privilege and to compel production of the Litco CAA after it was revealed during Sater's deposition that Sater owned Litco. Motions for fees' and costs shall be submitted by June 9, 2020, and opposition briefs are due by June 23, 2020. No replies will be permitted. Objections to R&R due by 6/2/2020 (Signed by Magistrate Judge Katharine H. Parker on 5/19/2020) (mro)
May 19, 2020 Opinion or Order Set/Reset Deadlines: Motions due by 6/9/2020. Responses due by 6/23/2020 (mro)
May 14, 2020 Opinion or Order Filing 1247 LETTER addressed to Magistrate Judge Katharine H. Parker from Mukhtar Ablyazov dated 5/7/2020 re: response to Opinion and Order dated 7 February 2020. Document filed by Mukhtar Ablyazov.(va)
May 14, 2020 Opinion or Order Filing 1246 ORDER ON ATTORNEYS' FEES APPLICATION FROM TRIADOU granting #1227 Motion for Attorney Fees. Accordingly, the Court awards Triadou attorneys' fees in the amount of $6,350.75 and costs in the amount of $330.73. Plaintiffs have objected to this Court's decision on Triadou's Motion for Sanctions, and those objections remain pending. Accordingly, this award of attorneys' fees and costs will be payable only to the extent the Honorable Alison J. Nathan adopts this Court's decision on Triadou's Motion for Sanctions. If Judge Nathan adopts this Court's holding, Plaintiffs will be required to pay Triadou's fees and costs, as set forth above, within 30 days after that ruling. (Signed by Magistrate Judge Katharine H. Parker on 5/14/2020) (mro)
May 7, 2020 Opinion or Order Filing 1245 ORDER granting #1244 LETTER MOTION for Extension of Time for Summary Judgment and Daubert Briefing. SO ORDERED. Motions due by 6/11/2020. (Signed by Judge Alison J. Nathan on 5/7/2020) (jca)
May 7, 2020 Opinion or Order Set/Reset Deadlines: Responses due by 8/19/2020, Replies due by 9/16/2020. (jca)
May 6, 2020 Opinion or Order Filing 1244 LETTER MOTION for Extension of Time for Summary Judgment and Daubert Briefing addressed to Judge Alison J. Nathan from Deborah A. Skakel dated May 6, 2020. Document filed by Triadou SPV S.A...(Skakel, Deborah)
April 17, 2020 Opinion or Order Filing 1243 LETTER MOTION for Oral Argument on #1231 Objection to #1221 Order granting sanctions addressed to Judge Alison J. Nathan from Matthew L. Schwartz dated 4/17/20. Document filed by BTA Bank JSC, City of Almaty..(Schwartz, Matthew)
April 16, 2020 Opinion or Order Filing 1242 REPLY MEMORANDUM OF LAW in Support re: #1231 Objection (non-motion) . Document filed by BTA Bank JSC, City of Almaty..(Schwartz, Matthew)
April 16, 2020 Opinion or Order Filing 1241 DECLARATION of Matthew L. Schwartz in Support re: #1231 Objection (non-motion). Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3).(Schwartz, Matthew)
April 9, 2020 Opinion or Order Filing 1240 OPPOSITION BRIEF re: #1231 Objection (non-motion) Memorandum of Law in Opposition to Plaintiffs Objections to the March 12, 2020 Sanctions Opinion and Order. Document filed by Triadou SPV S.A...(Skakel, Deborah)
April 9, 2020 Opinion or Order Filing 1239 DECLARATION of Deborah A. Skakel in Opposition re: #1231 Objection (non-motion). Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit 1 - BTA's Responses and Objections to Triadou's Third Set of Interrogatories Dated 10/5/2018, #2 Exhibit 2 - BTA's Third Amended Disclosures dated 10/05/2018, #3 Exhibit 3 - Letter dated 11/13/2018, #4 Exhibit 4 - Excerpted Pages from Transcript of Hearing held on 11/14/2018, #5 Exhibit 5 - Excerpted Pages from Transcript of Hearing held on 01/14/2019, #6 Exhibit 6 - Excerpted Pages from Transcript of Hearing held on 2/26/2019, #7 Exhibit 7 - BTA's Responses to Khrapunov Defendants' First Set of Interrogatories, #8 Exhibit 8 - Excerpted Pages from Transcript of Hearing held on 9/12/2019, #9 Exhibit 9 - Transcript of Deposition of Kairat Sadykov).(Skakel, Deborah)
April 2, 2020 Opinion or Order Filing 1238 ORDER: In light of the pending motion for judgment on the pleadings and motion to dismiss, as well as the COVID-19 pandemic, the Court hereby adjourns the briefing schedule for summary judgment and Daubert motions by four weeks. Because the outcome of the pending motions may affect the nature and scope of the forthcoming motions, it would be more efficient to brief those motions after the pending motions are decided. Opening briefs are now due on May 14, 2020. Opposition briefs are now due on July 2, 2020. Reply briefs are now due on July 30, 2020. There will be no further extensions of this briefing schedule absent good cause. SO ORDERED. (Motions due by 5/14/2020. Responses due by 7/2/2020. Replies due by 7/30/2020). (Signed by Judge Alison J. Nathan on 4/2/2020) (rjm)
March 31, 2020 Opinion or Order Filing 1237 LETTER addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated March 31, 2020 re: Impact of the Latham & Watkins LLP Document Production on Defendants' Pending Motions for Sanctions. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit A (Latham Production), #2 Exhibit Index of Plaintiffs Hearing Exhibits, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19, #22 Exhibit 20, #23 Exhibit 21).(Schwartz, Matthew)
March 31, 2020 Opinion or Order Filing 1236 LETTER addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated March 31, 2020 re: Impact of the Latham & Watkins LLP Document Production on Defendants' Pending Motions for Sanctions. Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12).(Skakel, Deborah)
March 31, 2020 Opinion or Order Filing 1235 LETTER addressed to Magistrate Judge Katharine H. Parker from Andrew T. Solomon dated March 31, 2020 re: Impact of the Latham & Watkins LLP Document Production on Defendants' Pending Motion for Sanctions. Document filed by Ilyas Khrapunov, Viktor Khrapunov. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K).(Solomon, Andrew)
March 27, 2020 Opinion or Order Filing 1234 MEMORANDUM OF LAW in Opposition re: #1227 MOTION for Attorney Fees . . Document filed by BTA Bank JSC, City of Almaty..(Schwartz, Matthew)
March 26, 2020 Opinion or Order Filing 1233 MEMORANDUM OF LAW in Support re: #1231 Objection (non-motion) . Document filed by BTA Bank JSC, City of Almaty..(Schwartz, Matthew)
March 26, 2020 Opinion or Order Filing 1232 DECLARATION of Matthew L. Schwartz in Support re: #1231 Objection (non-motion). Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4).(Schwartz, Matthew)
March 26, 2020 Opinion or Order Filing 1231 Objection re: #1221 Memorandum & Opinion, Set Deadlines,,,,,,,,,,,,,,,, . Document filed by BTA Bank JSC, City of Almaty..(Schwartz, Matthew)
March 24, 2020 Opinion or Order Filing 1230 LETTER addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated March 24, 2020 re: Status report concerning production of documents by Latham & Watkins in response to subpoena [see ECF No. 1223]. Document filed by BTA Bank JSC, City of Almaty..(Schwartz, Matthew)
March 20, 2020 Opinion or Order Filing 1229 MEMORANDUM OF LAW in Support re: #1227 MOTION for Attorney Fees . (Motion for Attorney Fees pursuant to the Courts March 12, 2020 Order [ECF No 1221]). Document filed by Triadou SPV S.A...(Skakel, Deborah)
March 20, 2020 Opinion or Order Filing 1228 DECLARATION of Deborah A. Skakel (Motion for Attorney Fees pursuant to the Courts March 12, 2020 Order [ECF No 1221]) in Support re: #1227 MOTION for Attorney Fees .. Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit 1-Summary of Fees, #2 Exhibit 2-Summary of Fees, #3 Exhibit 3-Summary of Costs).(Skakel, Deborah)
March 20, 2020 Opinion or Order Filing 1227 MOTION for Attorney Fees . Document filed by Triadou SPV S.A...(Skakel, Deborah)
March 19, 2020 Opinion or Order Filing 1226 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from Craig Wenner dated October 10, 2019 re: #1224 AMENDED LETTER MOTION for Discovery and Sanctions addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 10/04/2019. Redactions amended in response to ECF No. 1221. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E).(Wenner, Craig)
March 19, 2020 Opinion or Order Filing 1225 LETTER REPLY to Response to Motion addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 10/15/2019 re: #1224 AMENDED LETTER MOTION for Discovery and Sanctions addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 10/04/2019. (Amended Letter Reply to Response) (Redactions Removed). Document filed by Triadou SPV S.A...(Skakel, Deborah)
March 19, 2020 Opinion or Order Filing 1224 AMENDED LETTER MOTION for Discovery and Sanctions addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 10/04/2019. Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit -1, #2 Exhibit -2).(Skakel, Deborah)
March 17, 2020 Opinion or Order Filing 1223 SCHEDULING ORDER: Status Report due by 3/24/2020 concerning production of documents by Latham & Watkins in response to subpoena. The parties may file a 3-page letter brief within a week after receiving the documents from Latham & Watkins in further support of their respective positions in the pending motions for sanctions. Such letter briefs shall be limited to discussing the impact of the documents received on the motions. (HEREBY ORDERED by Magistrate Judge Katharine H. Parker) (Text Only Order) (Parker, Katharine)
March 17, 2020 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Telephone Status Conference held on 3/17/2020. (Court Reporter Paula Speer) (ca)
March 16, 2020 Opinion or Order Filing 1222 ORDER: For the telephone conference scheduled for March 17, 2020 at 10:30 a.m., the parties should dial the following number: (866) 434-5269. The access code is: 4858267 (if prompted to put in security code, re-enter access code). SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 3/16/2020) (kv)
March 16, 2020 Opinion or Order NOTICE TO THE PARTIES: REMINDER that the Case Management Conference in this matter scheduled for Tuesday, March 17, 2020 at 10:30 a.m. has been converted to a telephonic conference. Counsel for the parties are were to set up a telephone conference line and email Judge Parker's Chambers with the call-in information for this conference re: #1220 Order. (ca)
March 12, 2020 Opinion or Order Filing 1221 OPINION AND ORDER. For the reasons set forth above, Triadou's motion for sanctions (Doc. No. 1178) is granted in part and denied in part. Triadou shall submit its application for attorneys fees and costs consistent with this Order by March 20, 2020. Plaintiffs' opposition to the application is due March 27, 2020. No reply will be permitted. The motions to seal at Doc. Nos. 1179, 1189 and 1191 are granted in part. The letter briefs and Exhibit 1 to Triadou's moving letter brief, which is the Sadykov deposition transcript, may not be filed under seal, except that portions of these documents discussing specific information on the Exhibit labeled PX252 pertaining to an ongoing criminal investigation may be redacted and filed under seal. The Clerk of Court is respectfully requested to terminate the Motions at Doc. Nos. 1178, 1179, 1189, and 1191. The parties are directed to review this Court's revised rules concerning filing documents under seal (which now may be done on ECF) and to file redacted versions of their letter briefs and the Sadykov deposition transcript on ECF within seven days of this Order. SO ORDERED. re: #1189 LETTER MOTION to Seal Document #1188 Response in Opposition to Motion, addressed to Magistrate Judge Katharine H. Parker from Craig Wenner dated October 10, 2019 filed by City of Almaty, BTA Bank JSC, #1178 LETTER MOTION for Discovery and Requesting Sanctions addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 10/04/2019 filed by Triadou SPV S.A., #1191 LETTER MOTION to Seal Document #1190 Reply to Response to Motion, addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 10/15/2019 filed by Triadou SPV S.A., #1179 LETTER MOTION to Seal Document #1178 LETTER MOTION for Discovery and Requesting Sanctions addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 10/04/2019. addressed to Magistrate Judge Katharine H. filed by Triadou SPV S.A., (Motions due by 3/20/2020. Responses due by 3/27/2020). (Signed by Magistrate Judge Katharine H. Parker on 3/12/2020) (rjm)
March 12, 2020 Opinion or Order Filing 1220 ORDER CONVERTING CASE MANAGEMENT CONFERENCE TO TELEPHONE CONFERENCE : The Case Management Conference in this matter scheduled for Tuesday, March 17, 2020 at 10:30 a.m. is hereby converted to a telephonic conference. Counsel for the parties are directed to set up a telephone conference line and email Judge Parker's Chambers with the call-in information for the day of the conference. SO ORDERED. ( Telephone Conference set for 3/17/2020 at 10:30 AM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 3/12/2020) (va) Modified on 3/18/2020 (va).
March 9, 2020 Opinion or Order Filing 1219 OPINION AND ORDER: For the reasons set forth above, the motion at Doc. No. 1211 is DENIED. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 3/9/2020) (ks)
February 27, 2020 Opinion or Order Filing 1218 MEMO ENDORSEMENT on re: (159 in 1:19-cv-02645-AJN-KHP) Letter filed by Ferrari Holdings LLC. ENDORSEMENT: APPLICATION GRANTED: The Status Conference in this matter that is scheduled for Tuesday, March 10, 2020 at 3:30 p.m. in Courtroom 17D, 500 Pearl Street, New York, NY 10007 is hereby rescheduled to Tuesday, March 17, 2020 at 10:30 a.m. APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 2/27/2020) ( Status Conference set for 3/17/2020 at 10:30 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (ks)
February 10, 2020 Opinion or Order Filing 1217 MEMO ENDORSEMENT on re: (157 in 1:19-cv-02645-AJN-KHP) Letter filed by BTA Bank JSC, City of Almaty, Kazakhstan. ENDORSEMENT: The Court thanks the parties for their letter. A case management conference is hereby scheduled for 3:30 p.m. on March 10, 2020. (Case Management Conference set for 3/10/2020 at 03:30 PM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 2/10/2020) (rro)
February 7, 2020 Opinion or Order Filing 1216 OPINION & ORDER re: #1173 MOTION for Attorney Fees Pursuant to the Court's July 3, 2019 Order [ECF No. 1101]. filed by City of Almaty, BTA Bank JSC. For the reasons discussed below, Plaintiffs' motion for fees is granted, and Plaintiffs are awarded a total of $140,115.60 in attorneys' fees, consistent with the Court's explanation above and its prior ruling at Docket Entry 1101. Ablyazov shall pay this amount to Plaintiffs by no later than three months from the date of this Opinion and Order. Ablyazov's failure to pay the amounts ordered may result in further sanctions. The Court notes that Plaintiffs did not seek costs, but reserved their right to seek costs in the future. Plaintiffs' counsel is directed to serve a copy of this Opinion & Order on Ablyazov. The Clerk of Court is also requested to mail a copy to Ablyazov. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 2/7/2020) (ks) Transmission to Docket Assistant Clerk for processing.
February 5, 2020 Opinion or Order Filing 1215 DECLARATION of Matthew L. Schwartz in Opposition re: #1211 MOTION to Quash Subpoena on Latham & Watkins .. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3).(Schwartz, Matthew)
February 5, 2020 Opinion or Order Filing 1214 MEMORANDUM OF LAW in Opposition re: #1211 MOTION to Quash Subpoena on Latham & Watkins . . Document filed by BTA Bank JSC, City of Almaty..(Schwartz, Matthew)
February 5, 2020 Opinion or Order Filing 1213 DECLARATION of Deborah A. Skakel in Opposition re: #1211 MOTION to Quash Subpoena on Latham & Watkins .. Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit 1- Transcript dated 08/08/2019, #2 Exhibit 2- transcript dated 09/12/2019, #3 Exhibit 3- Excerpted Pages from Itemized Privilege Log).(Skakel, Deborah)
February 5, 2020 Opinion or Order Filing 1212 MEMORANDUM OF LAW in Opposition re: #1211 MOTION to Quash Subpoena on Latham & Watkins . . Document filed by Triadou SPV S.A...(Skakel, Deborah)
January 29, 2020 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Robert S. Wolf to RE-FILE Document #1211 MOTION to Quash Subpoena on Latham & Watkins . Use the event type Memorandum of Law in Support of Motion found under the event list Replies, Opposition and Supporting Documents. NOTE: You must file a Motion first, then re-file and link the Memorandum of Law. (ldi)
January 27, 2020 Opinion or Order ***DELETED DOCUMENT. Deleted document number #1212 LETTER. The document was incorrectly filed in this case. (ks)
January 6, 2020 Opinion or Order Filing 1211 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Quash Subpoena on Latham & Watkins . Document filed by Litco LLC.(Wolf, Robert) Modified on 1/29/2020 (ldi).
December 27, 2019 Opinion or Order Filing 1210 ORDER: In light of the pending motion for judgment on the pleadings and motion to dismiss, the Court hereby adjourns the briefing schedule for summary judgment and Daubert motions by ninety days. Because the outcome of the pending motions may affect the nature and scope of the forthcoming motions, it would be more efficient to brief those motions after the pending motions are decided. Opening briefs are now due on April 16, 2020. Opposition briefs are now due on June 4, 2020. Reply briefs are now due on July 2, 2020. There will be no further extensions of this briefing schedule absent good cause. SO ORDERED. (Motions due by 4/16/2020, Responses due by 6/4/2020, Replies due by 7/2/2020.) (Signed by Judge Alison J. Nathan on 12/27/2019) (jca)
December 24, 2019 Opinion or Order Filing 1209 AMENDED MEMORANDUM OF LAW re: #1055 Order,,, Redactions amended in response to ECF No. 113. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit D, #2 Exhibit E, #3 Exhibit F)(Schwartz, Matthew)
December 24, 2019 Opinion or Order Filing 1208 AMENDED LETTER addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated March 29, 2019 re: Mootness of Fraudulent Conveyance Claims, Redactions amended in response to ECF No. 1171. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit E, #2 F, #3 G)(Schwartz, Matthew)
December 20, 2019 Opinion or Order Filing 1207 AMENDED BRIEF in Support of its Motion to Dismiss the Fraudulent Transfer Claims as Moot. Redactions amended in response to ECF No. 1171.. Document filed by Triadou SPV S.A..(Skakel, Deborah)
December 20, 2019 Opinion or Order Filing 1206 AMENDED LETTER addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 12/20/2019 re: Reply Letter in Support of Triadous Letter Regarding the Mootness of the Fraudulent Transfer Claims, ECF 981. Redactions amended in response to ECF No. 1171.. Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit 1-Intercompany Loan Agreement)(Skakel, Deborah)
December 20, 2019 Opinion or Order Filing 1205 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (SEE #1206 Amended Letter) - AMENDED LETTER addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 12/20/2019 re: Dkt.# 978. Redactions amended and under seal exhibits re-filed. Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit 1-Intercompany Loan Agreement)(Skakel, Deborah) Modified on 12/20/2019 (db).
December 20, 2019 Opinion or Order Filing 1204 AMENDED LETTER addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 12/20/2019 re: Dkt.# 978. Redactions amended and under seal exhibits re-filed in response to ECF No. 1171.. Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit 1-Settlement Agreement, #2 Exhibit 2-Agreement, #3 Exhibit 3-Transcript dated 02/26/19)(Skakel, Deborah)
December 20, 2019 Opinion or Order Filing 1203 ORDER granting #1202 Letter Motion for Extension of Time. APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 12/20/2019) (ks)
December 19, 2019 Opinion or Order Filing 1202 LETTER MOTION for Extension of Time to File Motion to Quash addressed to Magistrate Judge Katharine H. Parker from Robert S. Wolf dated December 19, 2019. Document filed by Litco LLC.(Wolf, Robert)
December 13, 2019 Opinion or Order Filing 1201 LETTER addressed to Judge Alison J. Nathan from Deborah A. Skakel dated 12/13/2019 re: Motion to Transfer Monitorship Funds and for Leave to Withdraw Monitorship Funds [ECF No. 987]. Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit 1-Supreme Court Order dated 12/12/2019)(Skakel, Deborah)
November 27, 2019 Opinion or Order Filing 1200 MEMO ENDORSEMENT on re: #1198 Letter, filed by City of Almaty, BTA Bank JSC. ENDORSEMENT: APPLICATION GRANTED. (Motions due by 12/20/2019, Responses due by 1/17/2020) (Signed by Magistrate Judge Katharine H. Parker on 11/27/2019) (jca)
November 26, 2019 Opinion or Order Filing 1199 SEALED DOCUMENT placed in vault.(mhe)
November 25, 2019 Opinion or Order Filing 1198 LETTER addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated November 25, 2019 re: Request on consent for entry of briefing schedule on Litco's anticipated motion to quash the Latham & Watkins subpoena [see ECF No. 1196]. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
November 22, 2019 Opinion or Order Filing 1197 SEALED DOCUMENT placed in vault.(rz)
November 19, 2019 Opinion or Order Filing 1196 MEMO ENDORSEMENT on re: #1187 Letter, filed by Triadou SPV S.A.. ENDORSEMENT: Triadou's proposed briefing schedule is adopted. No further extensions absent good cause. Propose subpoena approved. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 11/19/2019) ( Responses due by 3/6/2020, Replies due by 4/3/2020.) (ks) (Additional attachment(s) added on 11/19/2019: #1 Exhibit Subpoena) (ks).
October 31, 2019 Opinion or Order Filing 1195 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 9/12/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
October 31, 2019 Opinion or Order Filing 1194 TRANSCRIPT of Proceedings re: HEARING held on 9/12/2019 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/21/2019. Redacted Transcript Deadline set for 12/2/2019. Release of Transcript Restriction set for 1/29/2020.(McGuirk, Kelly)
October 24, 2019 Opinion or Order Filing 1193 ORDER ON MOTION FOR RECONSIDERATION denying #1168 Motion for Reconsideration. For the reasons set forth above, Plaintiffs' Motion for Reconsideration is denied. The Clerk of Court is respectfully requested to terminate the motions at Docket Number 1168 in case number 15-cv-05345 (AJN)(KHP) and Docket Number 60 in case number 18-mc-00227(AJN)(KHP). SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 10/24/2019) (ks)
October 16, 2019 Opinion or Order Filing 1192 REPLY MEMORANDUM OF LAW in Support re: #1168 MOTION for Reconsideration re; #1167 Order, Set Deadlines,,,,,, . . Document filed by BTA Bank JSC, City of Almaty. (Schwartz, Matthew)
October 15, 2019 Opinion or Order Filing 1191 LETTER MOTION to Seal Document #1190 Reply to Response to Motion, addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 10/15/2019. Document filed by Triadou SPV S.A..(Skakel, Deborah)
October 15, 2019 Opinion or Order Filing 1190 LETTER REPLY to Response to Motion addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 10/15/2019 re: #1178 LETTER MOTION for Discovery and Requesting Sanctions addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 10/04/2019. . Document filed by Triadou SPV S.A.. (Skakel, Deborah)
October 11, 2019 Opinion or Order Filing 1189 LETTER MOTION to Seal Document #1188 Response in Opposition to Motion, addressed to Magistrate Judge Katharine H. Parker from Craig Wenner dated October 10, 2019. Document filed by BTA Bank JSC, City of Almaty.(Wenner, Craig)
October 10, 2019 Opinion or Order Filing 1188 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from Craig Wenner dated October 10, 2019 re: #1178 LETTER MOTION for Discovery and Requesting Sanctions addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 10/04/2019. . Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Wenner, Craig)
October 10, 2019 Opinion or Order Filing 1187 JOINT LETTER addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated October 10, 2019 re: Proposed Briefing Schedule for Summary Judgment Pursuant to ECF 1176. Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit Ex 1)(Skakel, Deborah)
October 9, 2019 Opinion or Order Filing 1186 DECLARATION of Deborah A. Skakel in Opposition re: #1168 MOTION for Reconsideration re; #1167 Order, Set Deadlines,,,,,, .. Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit 1-Transcript)(Skakel, Deborah)
October 9, 2019 Opinion or Order Filing 1185 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (SEE #1186 Declaration) - DECLARATION of DEBORAH A. SKAKEL in Support re: #1168 MOTION for Reconsideration re; #1167 Order, Set Deadlines . Document filed by Triadou SPV S.A. (Attachments: #1 Exhibit 1 (transcript))(Skakel, Deborah) Modified on 10/10/2019 (db).
October 9, 2019 Opinion or Order Filing 1184 MEMORANDUM OF LAW in Opposition re: #1168 MOTION for Reconsideration re; #1167 Order, Set Deadlines,,,,,, . . Document filed by Triadou SPV S.A.. (Skakel, Deborah)
October 8, 2019 Opinion or Order Filing 1183 ORDER granting #1180 Letter Motion for Extension of Time to File Response/Reply re #1180 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #1178 LETTER MOTION for Discovery and Requesting Sanctions addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 10/04/2019. ad. APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 10/8/2019) Responses due by 10/10/2019 (ks)
October 8, 2019 Opinion or Order Filing 1182 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 9/12/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
October 8, 2019 Opinion or Order Filing 1181 TRANSCRIPT of Proceedings re: HEARING held on 9/12/2019 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/29/2019. Redacted Transcript Deadline set for 11/8/2019. Release of Transcript Restriction set for 1/6/2020.(McGuirk, Kelly)
October 8, 2019 Opinion or Order Filing 1180 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #1178 LETTER MOTION for Discovery and Requesting Sanctions addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 10/04/2019. addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated October 8, 2019. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
October 4, 2019 Opinion or Order Filing 1179 LETTER MOTION to Seal Document #1178 LETTER MOTION for Discovery and Requesting Sanctions addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 10/04/2019. addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 10/04/2019. Document filed by Triadou SPV S.A..(Skakel, Deborah)
October 4, 2019 Opinion or Order Filing 1178 LETTER MOTION for Discovery and Requesting Sanctions addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 10/04/2019. Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit 1-Redacted, #2 Exhibit 2-Redacted)(Skakel, Deborah)
October 2, 2019 Opinion or Order Filing 1177 LETTER addressed to Judge Alison J. Nathan from Deborah A. Skakel dated 10/2/19 re: Rule 72 Objections. Document filed by Triadou SPV S.A..(Skakel, Deborah)
October 1, 2019 Opinion or Order Filing 1176 ORDER granting #1172 Letter Motion for Extension of Time. The parties' request is granted nunc pro tunc. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 10/1/2019) (ks)
September 30, 2019 Opinion or Order Filing 1175 DECLARATION of Peter M. Skinner in Support re: #1173 MOTION for Attorney Fees Pursuant to the Court's July 3, 2019 Order [ECF No. 1101].. Document filed by BTA Bank JSC, Herman Cahn, Svetlana Chepurnaya, City of Almaty. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Skinner, Peter)
September 30, 2019 Opinion or Order Filing 1174 MEMORANDUM OF LAW in Support re: #1173 MOTION for Attorney Fees Pursuant to the Court's July 3, 2019 Order [ECF No. 1101]. . Document filed by BTA Bank JSC, City of Almaty. (Skinner, Peter)
September 30, 2019 Opinion or Order Filing 1173 MOTION for Attorney Fees Pursuant to the Court's July 3, 2019 Order [ECF No. 1101]. Document filed by BTA Bank JSC, City of Almaty.(Skinner, Peter)
September 30, 2019 Opinion or Order Filing 1172 JOINT LETTER MOTION for Extension of Time re:ECF # 1141 addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 09/30/2019. Document filed by Triadou SPV S.A..(Skakel, Deborah)
September 30, 2019 Opinion or Order Filing 1171 OPINION AND ORDER. For the foregoing reasons, the fraudulent conveyance claims are DISMISSED as moot. In light of this conclusion, no claims remain against Viktor Khrapunov and his motion to dismissed is therefore DENIED as moot. The sealing requests are DENIED with leave to refile as directed. This resolves Dkt. Nos. 828, 830, 1060, 1063, and 1065. SO ORDERED. re: #1063 LETTER MOTION to Seal Document #1062 Brief addressed to Judge Alison J. Nathan from Andrew T. Solomon dated June 3, 2019. filed by Ilyas Khrapunov, Viktor Khrapunov, #828 MOTION to Dismiss Second Amended Counterclaims (ECF 433). MOTION for Judgment on the Pleadings filed by Viktor Khrapunov, #1065 LETTER MOTION to Seal Document #1064 Brief, addressed to Judge Alison J. Nathan from Matthew L. Schwartz dated 6/3/2019 filed by City of Almaty, BTA Bank JSC, #830 LETTER MOTION to Seal Document #829 Memorandum of Law in Support of Motion addressed to Judge Alison J. Nathan from Andrew T. Solomon dated September 8, 2018 filed by Viktor Khrapunov, #1060 LETTER MOTION to Seal Document #1059 Brief addressed to Judge Alison J. Nathan from Deborah A. Skakel dated 06/03/2019 filed by Triadou SPV S.A. Viktor Khrapunov terminated. (Signed by Judge Alison J. Nathan on 9/30/2019) (rjm)
September 25, 2019 Opinion or Order Filing 1170 DECLARATION of Matthew L. Schwartz in Support re: #1168 MOTION for Reconsideration re; #1167 Order, Set Deadlines,,,,,, .. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit A)(Schwartz, Matthew)
September 25, 2019 Opinion or Order Filing 1169 MEMORANDUM OF LAW in Support re: #1168 MOTION for Reconsideration re; #1167 Order, Set Deadlines,,,,,, . . Document filed by BTA Bank JSC, City of Almaty. (Schwartz, Matthew)
September 25, 2019 Opinion or Order Filing 1168 MOTION for Reconsideration re; #1167 Order, Set Deadlines,,,,,, . Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
September 12, 2019 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Evidentiary Hearing held on 9/12/2019. (Court Reporter Khristine Sellin) (ca)
September 11, 2019 Opinion or Order Filing 1167 ORDER CONCERNING PETELINS TESTIMONY, Plaintiffs' motion for sanctions against Petelin is denied without prejudice to renew. Plaintiffs may re-request permission to file a motion for sanctions against Petelin after a trial on the merits in City of Almaty et. ano. v. Ablyazov, et al., 15-CV-05345 (AJN) (KHP), to the extent proof is established that Petelin, in fact, lied during his deposition and produced false documents. In light of the above, the hearing currently scheduled for September 24, 2019 is cancelled. Defendant Triadou SPV S.A. will still be permitted to depose a witness from SMP Partners who can authenticate the SMP documents. This deposition must occur prior to October 31, 2019. (Deposition due by 10/31/2019.) (Signed by Magistrate Judge Katharine H. Parker on 9/11/19) (yv) Modified on 10/29/2019 (yv).
September 10, 2019 Opinion or Order Filing 1166 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 8/8/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
September 10, 2019 Opinion or Order Filing 1165 TRANSCRIPT of Proceedings re: HEARING held on 8/8/2019 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Raquel Robles, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/1/2019. Redacted Transcript Deadline set for 10/11/2019. Release of Transcript Restriction set for 12/9/2019.(McGuirk, Kelly)
September 10, 2019 Opinion or Order Filing 1164 ORDER. The Court is in receipt of Triadou's letter dated September 9, 2019. Triadou should provide an update to the court regarding the deposition of an SMP Partners witness who can authenticate documents produced by that entity by no later than September 23, 2019. To the extent Triadou wishes to utilize the Court's jury room for conduct of the deposition on September 24, it shall contact Mr. Christopher Aiello so that he may arrange for access in the morning. (Parker, Katharine)
September 9, 2019 Opinion or Order Filing 1163 LETTER addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 09/09/2019 re: The Courts August 30 Opinion. Document filed by Triadou SPV S.A..(Skakel, Deborah)
September 5, 2019 Opinion or Order Filing 1161 ORDER RESCHEDULING EVIDENTIARY HEARING: The evidentiary hearing in this matter that is scheduled for Thursday, September 12, 2019 at 4:30 p.m. in Courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, NY 10007 is hereby rescheduled Thursday, September 12, 2019 at 3:30 p.m. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 9/5/2019) ( Evidentiary Hearing set for 9/12/2019 at 03:30 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (ks)
September 4, 2019 Opinion or Order Filing 1162 Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Telephone Conference held on 9/4/2019 : See Transcript for Details. A transcript of this proceeding is available by utilizing the attached order form. (ca)
September 4, 2019 Opinion or Order Filing 1160 ORDER granting in part and denying in part #1146 Letter Motion for Discovery. After lengthy argument and careful consideration of Triadou's motion, the Court hereby modifies its Order at [ECF 1101] as follows: the Court will permit Plaintiffs to serve a forth amended Rule 26(a) disclosure identifying Zaure Dzhunusova as witnesses for trial and will not preclude her from testifying, and will further permit her deposition on topics for which she was identified as having knowledge about in the amended Rule 26(a) disclosure. The Court will permit Plaintiffs to add Akzhan Moldakhmet and Kairat Sadikov to their 26(a) disclosures as witnesses for purposes of authentication of certain spreadsheets relating to the Tradestock transaction and permit limited scope depositions of them; Triadou may question Moldakhmet and Sadikov as to the authenticity of the identified spreadsheets and meaning of the spreadsheets; Plaintiffs may question their own witnesses as to authenticity of the spreadsheets and may ask related foundational questions. The parties are directed to the transcript from today's telephone conference for the Court's rationale. (HEREBY ORDERED by Magistrate Judge Katharine H. Parker)(Text Only Order) (Parker, Katharine)
September 4, 2019 Opinion or Order Filing 1159 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/26/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
September 4, 2019 Opinion or Order Filing 1158 TRANSCRIPT of Proceedings re: CONFERENCE held on 2/26/2019 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Steven Griffing, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/25/2019. Redacted Transcript Deadline set for 10/7/2019. Release of Transcript Restriction set for 12/3/2019.(McGuirk, Kelly)
September 4, 2019 Opinion or Order Filing 1157 MEMO ENDORSEMENT on re: #1153 Letter filed by Triadou SPV S.A., ENDORSEMENT: A telephone conference in the matter will be held on Wednesday, September 4, 2019 at 4:30 p.m. Counsel for the parties are directed to call Judge Parker's Chambers at the scheduled time with counsel for all parties on the line. Please dial 212-805-0234. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 9/4/2019) ( Telephone Conference set for 9/4/2019 at 04:30 PM before Magistrate Judge Katharine H. Parker.) (ks)
September 4, 2019 Opinion or Order Filing 1156 ORDER granting #1154 Letter Motion for Extension of Time. SO ORDERED. (Signed by Judge Alison J. Nathan on 9/3/2019) (kv)
September 3, 2019 Opinion or Order Filing 1155 LETTER addressed to Judge Alison J. Nathan from Andrew T. Solomon dated September 3, 2019 Document filed by Ilyas Khrapunov, Viktor Khrapunov.(Solomon, Andrew)
September 3, 2019 Opinion or Order Filing 1154 LETTER MOTION for Extension of Time (First) request for an extension of time. addressed to Judge Alison J. Nathan from Deborah A. Skakel dated 09/03/2019. Document filed by Triadou SPV S.A..(Skakel, Deborah)
September 3, 2019 Opinion or Order Filing 1153 LETTER addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 09/03/2019 re: Request for Expedited Telephonic Oral Argument. Document filed by Triadou SPV S.A..(Skakel, Deborah)
September 3, 2019 Opinion or Order Filing 1152 ORDER: The Court will hear argument on Triadou's motion for reconsideration [ECF No. 1150] at the September 12, 2019 conference. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 9/3/2019) (js)
August 30, 2019 Opinion or Order Filing 1151 OPINION ADDRESSING TRIADOU'S MOTION TO PRECLUDE USE OF SMP DOCUMENTS re: #1078 MOTION to Preclude SMP Documents filed by Triadou SPV S.A. For the reasons set forth above, Defendants' motions to sanction Plaintiffs in connection with the timing of their disclosure of Monstrey and the SMP Documents are denied. Defendants should file a letter by no later than September 9, 2019 informing the Court whether they will seek to question a witness with respect to the SMP Documents and, if so, providing the name of the witness and the time when the questioning will take place. The Clerk of Court is respectfully requested to terminate the motion at ECF No. 1078. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 8/30/2019) (mml)
August 30, 2019 Opinion or Order Filing 1150 LETTER REPLY to Response to Motion addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 8/30/19 re: #1146 LETTER MOTION for Discovery re: seeking reconsideration of ECF No. 1101 denying motion to preclude witnesses. addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 08/23/2019. . Document filed by Triadou SPV S.A.. (Skakel, Deborah)
August 30, 2019 Opinion or Order Filing 1149 ORDER granting #1148 Letter Motion for Extension of Time to File. APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 8/30/2019) (mml)
August 30, 2019 Opinion or Order Set/Reset Deadlines: Motions due by 9/30/2019. (mml)
August 29, 2019 Opinion or Order Filing 1148 FIRST LETTER MOTION for Extension of Time to File Application for Attorneys' Fees and Costs per the Court's July 3 Order Sanctioning Mukhtar Ablyazov [ECF No. 1101] addressed to Magistrate Judge Katharine H. Parker from Craig Wenner dated August 29, 2019. Document filed by BTA Bank JSC, City of Almaty.(Wenner, Craig)
August 28, 2019 Opinion or Order Filing 1147 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from Peter M. Skinner dated August 28, 2019 re: #1146 LETTER MOTION for Discovery re: seeking reconsideration of ECF No. 1101 denying motion to preclude witnesses. addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 08/23/2019. . Document filed by BTA Bank JSC, City of Almaty. (Skinner, Peter)
August 23, 2019 Opinion or Order Filing 1146 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Discovery re: seeking reconsideration of ECF No. 1101 denying motion to preclude witnesses. addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 08/23/2019. Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Skakel, Deborah) Modified on 11/1/2019 (ldi).
August 19, 2019 Opinion or Order Filing 1145 RESPONSE re: #1133 Objection to Report and Recommendations, Memorandum of Law in Opposition to Objections by M. Ablyazov. Document filed by BTA Bank JSC, City of Almaty. (Schwartz, Matthew)
August 16, 2019 Opinion or Order Filing 1144 ORDER granting #1143 Letter Motion for Extension of Time to File Response/Reply. SO ORDERED. (Signed by Judge Alison J. Nathan on 8/16/2019) (cf)
August 15, 2019 Opinion or Order Filing 1143 FIRST LETTER MOTION for Extension of Time to File Response/Reply as to #1133 Objection to Report and Recommendations, addressed to Judge Katharine H. Parker and addressed to Judge Alison J. Nathan from Craig Wenner dated August 15, 2019. Document filed by BTA Bank JSC, City of Almaty.(Wenner, Craig)
August 9, 2019 Opinion or Order Filing 1142 ORDER denying #1137 Letter Motion for Discovery. The document in question is protected work product. (HEREBY ORDERED by Magistrate Judge Katharine H. Parker)(Text Only Order) (Parker, Katharine)
August 9, 2019 Opinion or Order Filing 1141 ORDER: The parties shall submit a joint letter by no later than September 30, 2019 confirming that remaining discovery has been completed. The letter should also indicate whether any of the parties intend to move for summary judgment and, if so, provide the bases for the motion and a proposed briefing schedule. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 8/9/2019) (ks)
August 8, 2019 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Evidentiary Hearing held on 8/8/2019. (Court Reporter Raquel Robles) (ca)
August 7, 2019 Opinion or Order Filing 1140 ORDER terminating #1136 Motion for Discovery because superseded by #1137 . Plaintiffs shall bring a copies of the redacted and unredacted document for the Court's inspection at the hearing tomorrow. (HEREBY ORDERED by Magistrate Judge Katharine H. Parker)(Text Only Order) (Parker, Katharine)
August 6, 2019 Opinion or Order Filing 1139 JOINT LETTER addressed to Magistrate Judge Katharine H. Parker from Deborah Skakel dated 8/6/19 re: Procedure for the Evidentiary Hearing Scheduled for August 8, 2019. Document filed by Triadou SPV S.A..(Skakel, Deborah)
August 6, 2019 Opinion or Order Filing 1138 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 8/6/19 re: #1137 AMENDED LETTER MOTION for Discovery to compel (replaces 1136) addressed to Magistrate Judge Katharine H. Parker from Andrew T. Solomon dated August 6, 2019. . Document filed by BTA Bank JSC, City of Almaty. (Schwartz, Matthew)
August 6, 2019 Opinion or Order Filing 1137 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - AMENDED LETTER MOTION for Discovery to compel (replaces 1136) addressed to Magistrate Judge Katharine H. Parker from Andrew T. Solomon dated August 6, 2019. Document filed by Ilyas Khrapunov.(Solomon, Andrew) Modified on 10/1/2019 (ldi).
August 6, 2019 Opinion or Order Filing 1136 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Discovery to compel addressed to Magistrate Judge Katharine H. Parker from Andrew T. Solomon dated August 6, 2019. Document filed by Ilyas Khrapunov. (Attachments: #1 Exhibit Redacted Email, #2 Exhibit Meet and Confer)(Solomon, Andrew) Modified on 10/1/2019 (ldi).
August 5, 2019 Opinion or Order Filing 1135 LETTER addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 8/5/19 re: Response to the Improper Sur-Reply Filed by Plaintiffs City of Almaty and BTA Bank, JSC. Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit 1)(Skakel, Deborah)
August 5, 2019 Opinion or Order Filing 1134 LETTER addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated August 5, 2019 re: Response to Triadou's Reply [ECF No. 1122] in Support of Its Motion to Preclude SMP Partners Evidence. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
August 1, 2019 Opinion or Order Filing 1133 MUKHTAR ABLYAZOV'S OBJECTIONS TO HON. JUDGE PARKER'S OPINION & ORDER & REPORT & RCOMMENDATION DATE 7/7/19, AND TO OPINION ADDRESSING MOTION FOR RECONSIDERATION OF REPORT & RECOMMENDATION DATED 7/15/19, re: #1101 Report and Recommendations Document filed by Mukhtar Ablyazov. (sc)
July 30, 2019 Opinion or Order Filing 1132 REPLY MEMORANDUM OF LAW in Support re: #1105 MOTION to Dismiss Third Amended Crossclaims. . Document filed by Ilyas Khrapunov. (Solomon, Andrew)
July 30, 2019 Opinion or Order Filing 1131 SEALED DOCUMENT placed in vault.(rz)
July 30, 2019 Opinion or Order Filing 1130 SEALED DOCUMENT placed in vault.(rz)
July 30, 2019 Opinion or Order Filing 1129 SEALED DOCUMENT placed in vault.(rz)
July 29, 2019 Opinion or Order Filing 1128 ORDER granting #1126 Letter Motion for Discovery. An evidentiary hearing will be held on September 12, 2019 at 4:30 p.m. for the limited purpose of obtaining Cesare Cerrito's testimony. Consistent with this Court's Order issued on July 11, 2019 (Doc. No. 1103), Mr. Cerrito's direct and cross examination will be limited to 45 minutes in the aggregate. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 7/29/2019) (ks)
July 29, 2019 Opinion or Order Set/Reset Hearings: Evidentiary Hearing set for 9/12/2019 at 04:30 PM before Magistrate Judge Katharine H. Parker. Evidentiary Hearing set for 8/8/2019 at 10:00 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker. (ks)
July 26, 2019 Opinion or Order Filing 1127 ORDER granting #1124 Motion to Seal Document. APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 7/26/2019) (ks)
July 26, 2019 Opinion or Order Filing 1126 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - JOINT LETTER MOTION for Discovery /Bifurcate Evidentiary Hearing addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 7/26/19. Document filed by Triadou SPV S.A..(Skakel, Deborah) Modified on 9/30/2019 (ldi).
July 25, 2019 Opinion or Order Filing 1125 MEMORANDUM OF LAW in Opposition re: #1105 MOTION to Dismiss Third Amended Crossclaims. . Document filed by BTA Bank JSC, City of Almaty. (Schwartz, Matthew)
July 25, 2019 Opinion or Order Filing 1124 LETTER MOTION to Seal Document addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 7/25/19. Document filed by Triadou SPV S.A..(Skakel, Deborah)
July 25, 2019 Opinion or Order Filing 1123 REPLY AFFIDAVIT of Deborah A. Skakel in Support re: #1078 MOTION to Preclude SMP Documents.. Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit 32, #2 Exhibit 33, #3 Exhibit 34, #4 Exhibit 35, #5 Exhibit 36, #6 Exhibit 37, #7 Exhibit 38, #8 Exhibit 39, #9 Exhibit 40, #10 Exhibit 41, #11 Exhibit 42)(Skakel, Deborah)
July 25, 2019 Opinion or Order Filing 1122 REPLY MEMORANDUM OF LAW in Support re: #1078 MOTION to Preclude SMP Documents. . Document filed by Triadou SPV S.A.. (Skakel, Deborah)
July 19, 2019 Opinion or Order Filing 1121 ORDER granting #1119 Motion to Seal Document. APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 7/19/2019) (ks)
July 18, 2019 Opinion or Order Filing 1119 LETTER MOTION to Seal Document #1117 Declaration in Opposition to Motion,,, #1118 Memorandum of Law in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated July 17, 2019. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
July 18, 2019 Opinion or Order Filing 1118 MEMORANDUM OF LAW in Opposition re: #1078 MOTION to Preclude SMP Documents. . Document filed by BTA Bank JSC, City of Almaty. (Schwartz, Matthew)
July 18, 2019 Opinion or Order Filing 1117 DECLARATION of Matthew L. Schwartz in Opposition re: #1078 MOTION to Preclude SMP Documents.. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33)(Schwartz, Matthew)
July 17, 2019 Opinion or Order Filing 1120 MEMO ENDORSEMENT on re: #1114 Letter, filed by City of Almaty, BTA Bank JSC. ENDORSEMENT: The Court has reviewed Plaintiffs' requested corrections to certain factual statements made in the Court's Order at Docket Number 1099, none of which are material to the Court's decision. Nevertheless, because Plaintiffs have now clarified that Arcanum did not identify Frank Monstrey as a witness, the Court will clarify its Order to the extent it suggested otherwise. To the extent the Order referred to Arcanum's counsel as "BH", it will correct those references. To the extent Plaintiffs have clarified that they knew Sater was a paid consultant for Triadou prior to learning of his financial involvement in the Tri-County Mall Project, the Court will also clarify this in its Order. The Court will also clarify that BSF did not negotiate the initial settlement agreement with Monstrey. The Court finds no other clarifications or corrections are required. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 7/17/2019) (rro)
July 16, 2019 Opinion or Order Filing 1116 ORDER granting #1113 Letter Motion for Leave to File Document. SO ORDERED. (Signed by Judge Alison J. Nathan on 7/15/2019) (kv)
July 15, 2019 Opinion or Order Filing 1115 OPINION ADDRESSING MOTION FOR RECONSIDERATION OF REPORT & RECOMMENDATION: For all these reasons, Ablyazov's request for reconsideration (Doc. No. 1104) is denied. This Opinion shall be deemed a supplement to this Court's prior Report and Recommendation at Docket Number 1101. Additionally, this Court will strike the following sentences from that Report and Recommendation because they are erroneous: "Ablyazov did not submit any response to this Motion"; "Ablyazov did not oppose the instant Motion brought by Plaintiffs, though he is clearly aware of it because he participated in conferences with this Court in which the Motion was discussed and has been served with the Motion"; and "Ablyazov's failure to respond to Plaintiffs' Sanctions Motion indicates that his conduct has been willful." This Court grants Ablyazov's request for an extension of time to file an objection to the Report and Recommendation, as supplemented by this decision. (See Doc. No. 1104.) Ablyazov shall have seventeen days after the date of this decision to file an objection, and Plaintiffs shall have fourteen days to respond to any such objection. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 7/15/2019) (ks)
July 12, 2019 Opinion or Order Filing 1114 LETTER addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated July 12, 2019 re: Certain factual errors in the Court's July 3, 2019 Order [ECF No. 1099]. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
July 12, 2019 Opinion or Order Filing 1113 LETTER MOTION for Leave to File /Leave to Apply Victor Khrapunov's previously filed motion for judgment on the pleadings on the Second Amended Complaint against the recently filed Third Amended Complaint addressed to Judge Alison J. Nathan from Andrew T. Solomon dated July 12, 2019. Document filed by Ilyas Khrapunov, Viktor Khrapunov.(Solomon, Andrew)
July 12, 2019 Opinion or Order Filing 1112 ANSWER to #1094 Amended Complaint, with JURY DEMAND. Document filed by Triadou SPV S.A..(Skakel, Deborah)
July 12, 2019 Opinion or Order Filing 1111 ORDER granting #1110 Letter Motion for Extension of Time to File Response/Reply (HEREBY ORDERED by Magistrate Judge Katharine H. Parker)(Text Only Order) (Parker, Katharine)
July 12, 2019 Opinion or Order Filing 1110 FIRST LETTER MOTION for Extension of Time to File Response/Reply as to #1078 MOTION to Preclude SMP Documents., #1066 Order, Set Deadlines,,,, addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated July 12, 2019. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
July 11, 2019 Opinion or Order Filing 1109 MEMORANDUM OF LAW in Support re: #1105 MOTION to Dismiss Third Amended Crossclaims. . Document filed by Ilyas Khrapunov. (Solomon, Andrew) (Main Document 1109 replaced on 7/22/2019) (ks). (Main Document 1109 replaced on 7/29/2019) (tro).
July 11, 2019 Opinion or Order Filing 1108 DECLARATION of Ilyas Khrapunov in Support re: #1105 MOTION to Dismiss Third Amended Crossclaims.. Document filed by Ilyas Khrapunov. (Solomon, Andrew)
July 11, 2019 Opinion or Order Filing 1107 DECLARATION of Andrew T. Solomon in Support re: #1105 MOTION to Dismiss Third Amended Crossclaims.. Document filed by Ilyas Khrapunov. (Attachments: #1 Exhibit A)(Solomon, Andrew)
July 11, 2019 Opinion or Order Filing 1106 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #1109 Memorandum) - MEMORANDUM OF LAW in Support re: #1105 MOTION to Dismiss Third Amended Crossclaims. . Document filed by Ilyas Khrapunov. (Solomon, Andrew) Modified on 7/15/2019 (db).
July 11, 2019 Opinion or Order Filing 1105 MOTION to Dismiss Third Amended Crossclaims. Document filed by Ilyas Khrapunov.(Solomon, Andrew)
July 11, 2019 Opinion or Order Filing 1103 OPINION & ORDER: Upon consideration of the parties' joint letter (Doc. No. 1077) and further review of the parties' respective sanctions motions, this Court will hold an evidentiary hearing for purposes of taking witness testimony on limited topics as outlined herein. (Doc. Nos. 918, 967, and 971.) The evidentiary hearing will be held on August 8, 2019 at 10:00 a.m. in Courtroom 17D, 500 Pearl Street, New York, NY 10007. The parties shall present the following witnesses who will testify on the following limited topics (As further set forth in this Order). No additional witnesses will be permitted. Because the testimony will be on limited topics, each witness's direct and cross examination shall be limited to 45 minutes in the aggregate. The parties shall provide the order of witnesses to the Court by August 6, 2019, along with the estimated time allocation for direct and cross examination. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 7/11/2019) ( Evidentiary Hearing set for 8/8/2019 at 10:00 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.)(ks)
July 10, 2019 Opinion or Order Filing 1104 LETTER addressed to Magistrate Judge Katharine H. Parker from M. Ablyazov dated 7/9/19 re: MOTION FOR RECONSIDERATION RE: REPORT & RECOMMENDATION OF THE HON. KATHERINE H. PARKER DATED 7/7/19. Document filed by Mukhtar Ablyazov.(sc)
July 8, 2019 Opinion or Order Filing 1102 STIPULATION AND ORDER... regarding procedures to be followed that shall govern the handling of confidential material. Motions terminated: #1100 CONSENT LETTER MOTION for Discovery orders allowing for the production of confidential materials addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated July 3, 2019 filed by City of Almaty, BTA Bank JSC. (Signed by Magistrate Judge Katharine H. Parker on 7/8/2019) (rjm)
July 3, 2019 Opinion or Order Filing 1101 OPINION & ORDER & REPORT & RECOMMENDATION: For the reasons discussed above, Plaintiffs' motion for sanctions (Doc. No. 918) is GRANTED insofar as Plaintiffs seek sanctions against Defendant Ablyazov for failing to participate in discovery. Ablyazov shall, as a sanction, pay Plaintiffs' attorneys' fees and costs associated with the various motions to compel discovery responses from Ablyazov and his appearance at a deposition, as well as the fees and costs associated with their Motion for Sanctions. Plaintiffs are directed to file a motion setting forth the attorneys' fees and costs associated with the various applications they have made to the Court over the course of discovery for orders compelling Ablyazov to respond to document requests and interrogatories and to cooperate in the scheduling of his deposition, as well as the fees and costs associated with preparing and pursuing the instant Sanctions Motion against Ablyazov. Such motion shall be filed by August 30, 2019 and shall be supported with appropriate affidavits, time and expense records, and a memorandum of law. Ablyazov may file responding papers, limited to the amount of fees and costs to be awarded, by no later than September 27, 2019. There shall be no reply. Additionally, I respectfully recommend that, consistent with Rule 37(c)(1), Ablyazov be precluded from offering or referring to any documents that he did not produce in discovery in opposition to any dispositive motion or at trial. This sanction is needed to ensure that Ablyazov will not be advantaged from his failure to participate in discovery and to deter noncompliance with discovery obligations. I also recommend that the Court draw an adverse inference against Ablyazov for purposes of determining liability as a sanction for his failure to produce relevant documents over which he has custody and control and his failure to provide full and credible responses to deposition questions and interrogatories concerning his financial assets and financial advisors and money managers. Triadou's Motion (Doc. No. 967) is DENIED insofar as it seeks the sanction of preclusion of Zaure Dzhunusova, Akzhan Moldakhmet, and Kairat Sadikov as witnesses at trial. To mitigate prejudice, the Court will permit Triadou to depose both individuals. Triadou shall have until September 30, 2019 to depose these witnesses. Plaintiffs shall make every effort to facilitate their depositions as soon as possible and, in no event, later than September 30, 2019. SO ORDERED AND RESPECTFULLY SUBMITTED. Ablyazov shall have seventeen days from the service of this Report and Recommendation to file written objections to this Court's recommendation concerning the sanctions of preclusion and adverse inference pursuant to 28 U.S.C. 636(b)(1) and Rule 72(b) of the Federal Rules of Civil Procedure. See also Fed. R. Civ. P. 6(a), (d) (adding three additional days only when service is made under Fed. R. Civ. P. 5(b)(2)(C) (mail), (D) (leaving with the clerk), or (F) (other means consented to by the parties)). Plaintiffs shall have fourteen days from the service of this Report and Recommendation to file written objections pursuant to 28 U.S.C. 636(b)(1) and Rule 72(b) of the Federal Rules of Civil Procedure. If Ablyazov files written objections to this Report and Recommendation, Respondent may respond to Ablyazov's objections within fourteen days after being served with a copy. Fed. R. Civ. P. 72(b)(2). Alternatively, if Plaintiffs file written objections, Ablyazov may respond to such objections within seventeen days after being served with a copy. Fed. R. Civ. P. 72(b)(2); see also Fed. R. Civ. P. 6(a), (d). Any objections shall be filed with the Clerk of the Court, with courtesy copies delivered to the chambers of the Honorable Alison J. Nathan at the United States Courthouse, 40 Foley Square, New York, New York 10007, and to any opposing parties. See 28 U.S.C. 636(b)(1); Fed. R. Civ. P.6(a), 6(d), 72(b). Any requests for an extension of time for filing objections must beaddressed to Judge Nathan. The failure to file these timely objections will result in a waiver ofthose objections for purposes of appeal. See 28 U.S.C. 636(b)(1); Fed. R. Civ. P. 6(a), 6(d),72(b); Thomas v. Arn, 474 U.S. 140 (1985). (Objections to R&R due by 7/17/2019.) (Signed by Magistrate Judge Katharine H. Parker on 7/3/2019) (rro) (Main Document 1101 replaced on 7/15/2019) (ks).
July 3, 2019 Opinion or Order Set/Reset Deadlines: Deposition due by 9/30/2019. Motions due by 8/30/2019. Responses due by 9/27/2019 (rro)
July 3, 2019 Opinion or Order Filing 1100 CONSENT LETTER MOTION for Discovery orders allowing for the production of confidential materials addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated July 3, 2019. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit 1 (Stipulation and Proposed Order for 15 Civ. 5345), #2 Exhibit 2 (Proposed Stipulated Protective Order for 19 Civ. 2645), #3 Exhibit 3 (Redline of Protective Orders))(Schwartz, Matthew)
July 3, 2019 Opinion or Order Filing 1099 OPINION & ORDER re: #971 MOTION for Sanctions . filed by Ilyas Khrapunov, Viktor Khrapunov, #967 MOTION to Compel and for Discovery Sanctions . filed by Triadou SPV S.A.. For the reasons set forth above, Defendants motion to compel (ECF No. 967 and 971) is granted as to communications with Sater and Monstrey but denied as to communications with Litco (so long as Sater was not present). Plaintiffs shall produce the documents required by this Order by no later than July 12, 2019. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 7/3/2019) (ks) (Main Document 1099 replaced on 7/23/2019) (ks).
July 1, 2019 Opinion or Order Filing 1098 JOINT LETTER addressed to Judge Alison J. Nathan from Matthew L. Schwartz dated July 1, 2019 re: Joint letter to Judges Nathan and Parker regarding anticipated summary judgment motions and proposed briefing schedule [see Order ECF No. 1066 at 2]. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
July 1, 2019 Opinion or Order Filing 1097 BRIEF re: #1069 Objection (non-motion) Reply Memorandum of Law in Further Support of Objection to Magistrate Judge's Order Granting Leave to Amend Crossclaims. Document filed by Ilyas Khrapunov, Viktor Khrapunov.(Solomon, Andrew)
June 28, 2019 Opinion or Order Filing 1096 LETTER addressed to Magistrate Judge Katharine H. Parker from Craig Wenner dated June 28, 2019 re: Status update regarding joint letter and proposed protective order.. Document filed by BTA Bank JSC, City of Almaty.(Wenner, Craig)
June 28, 2019 Opinion or Order Filing 1095 NOTICE OF APPEARANCE by Craig A. Wenner on behalf of BTA Bank JSC, City of Almaty. (Wenner, Craig)
June 28, 2019 Opinion or Order Filing 1094 THIRD AMENDED COMPLAINT amending #433 Amended Crossclaim, against Mukhtar Ablyazov, Ilyas Khrapunov, Viktor Khrapunov, Triadou SPV S.A. with JURY DEMAND.Document filed by BTA Bank JSC, City of Almaty. Related document: #433 Amended Crossclaim,.(Schwartz, Matthew)
June 28, 2019 Opinion or Order Filing 1093 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 6/4/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
June 28, 2019 Opinion or Order Filing 1092 TRANSCRIPT of Proceedings re: CONFERENCE held on 6/4/2019 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/19/2019. Redacted Transcript Deadline set for 7/29/2019. Release of Transcript Restriction set for 9/26/2019.(McGuirk, Kelly)
June 27, 2019 Opinion or Order Filing 1091 ORDER granting #1090 Motion for Nathan B. Roberts to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (Nathan, Alison) Transmission to Attorney Services/Help Desk.
June 27, 2019 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #1090 MOTION for Nathan B. Roberts to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
June 26, 2019 Opinion or Order Filing 1090 MOTION for Nathan B. Roberts to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ilyas Khrapunov, Viktor Khrapunov. (Attachments: #1 Text of Proposed Order)(Roberts, Nathan)
June 26, 2019 Opinion or Order Filing 1089 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Nathan B. Roberts in Support re: #1088 MOTION for Nathan B. Roberts to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17141853. Motion and supporting papers to be reviewed by Clerk's Office staff.. Document filed by Ilyas Khrapunov, Viktor Khrapunov. (Attachments: #1 Exhibit A Certificate of Good Standing)(Roberts, Nathan) Modified on 6/26/2019 (wb).
June 26, 2019 Opinion or Order Filing 1088 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Nathan B. Roberts to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17141853. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ilyas Khrapunov, Viktor Khrapunov. (Attachments: #1 Text of Proposed Order Proposed Order for Admission Pro Hac Vice)(Roberts, Nathan) Modified on 6/26/2019 (wb).
June 26, 2019 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #1088 MOTION for Nathan B. Roberts to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17141853. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Pursuant to Rule 1.3. the Attorney Affidavit missing the language of disciplinary.;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb)
June 25, 2019 Opinion or Order Filing 1087 DECLARATION of Peter M. Skinner in Opposition re: #1069 Objection (non-motion). Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit A)(Skinner, Peter)
June 24, 2019 Opinion or Order Filing 1086 OPPOSITION BRIEF re: #1069 Objection (non-motion) . Document filed by BTA Bank JSC, City of Almaty.(Skinner, Peter)
June 24, 2019 Opinion or Order Filing 1085 ORDER granting #1084 Letter Motion for Extension of Time to File. APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 6/24/2019) (ks)
June 21, 2019 Opinion or Order Filing 1084 SECOND LETTER MOTION for Extension of Time to File Proposed Protective Order addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated June 21, 2019. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
June 19, 2019 Opinion or Order Filing 1083 ENDORSED LETTER addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated June 18, 2019 re: letter requesting that the Court extend the time to submit a joint letter and proposed protective order. ENDORSEMENT: APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 6/19/2019) (ks)
June 19, 2019 Opinion or Order Filing 1082 ORDER granting #1081 Motion to Seal Document. APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 6/19/2019) (ks)
June 18, 2019 Opinion or Order Filing 1081 LETTER MOTION to Seal Document #1080 Declaration in Support of Motion,, #1079 Memorandum of Law in Support of Motion to Preclude SMP Documents. addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 06/18/2019. Document filed by Triadou SPV S.A..(Skakel, Deborah)
June 18, 2019 Opinion or Order Filing 1080 DECLARATION of Deborah A. Skakel in Support re: #1078 MOTION to Preclude SMP Documents.. Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31)(Skakel, Deborah)
June 18, 2019 Opinion or Order Filing 1079 MEMORANDUM OF LAW in Support re: #1078 MOTION to Preclude SMP Documents. . Document filed by Triadou SPV S.A.. (Skakel, Deborah)
June 18, 2019 Opinion or Order Filing 1078 MOTION to Preclude SMP Documents. Document filed by Triadou SPV S.A..(Skakel, Deborah)
June 18, 2019 Opinion or Order Filing 1077 JOINT LETTER addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 06/18/2019 re: Evidentiary Hearings. Document filed by Triadou SPV S.A..(Skakel, Deborah)
June 18, 2019 Opinion or Order Filing 1076 LETTER addressed to Judge Alison J. Nathan from Herman Cahn dated June 18, 2019 re: ECF No. 987 - Motion to Transfer Monitorship Funds and for Leave to Withdraw Monitorship Funds. Document filed by Herman Cahn. (Attachments: #1 Decision and Order (Cohen, JSC), #2 First Department decision)(Cahn, Herman)
June 14, 2019 Opinion or Order Filing 1075 ORDER. Petelin's request at ECF 1073 is denied. See 18-mc-227 for explanation. (Parker, Katharine)
June 13, 2019 Opinion or Order Filing 1074 LETTER addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated June 13, 2019 re: Response in Opposition to G. Petelin Letter Requesting Reconsideration of June 7, 2019 Order [ECF No. 1073]. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
June 11, 2019 Opinion or Order Filing 1073 LETTER addressed to Magistrate Judge Katharine H. Parker from Eugene Illovsky dated June 11, 2019 re: Letter Requesting Reconsideration of June 7, 2019 Order. Document filed by Gennady Petelin.(Illovsky, Eugene)
June 11, 2019 Opinion or Order Filing 1072 ORDER granting #1071 CONSENT LETTER MOTION for Extension of Time to File Letter Regarding Evidentiary Hearings (As Directed by the Court Order - ECF 1066) addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 6/10/19. Document filed by Triadou SPV S.A. Application granted. (Signed by Magistrate Judge Katharine H. Parker on 6/11/2019) (rjm)
June 10, 2019 Opinion or Order Filing 1071 CONSENT LETTER MOTION for Extension of Time to File Letter Regarding Evidentiary Hearings (As Directed by the Court Order - ECF 1066) addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 6/10/19. Document filed by Triadou SPV S.A..(Skakel, Deborah)
June 10, 2019 Opinion or Order Filing 1070 MEMO ENDORSEMENT on re: #1067 Letter, filed by Mukhtar Ablyazov. ENDORSEMENT: The Court is in receipt of Defendant's letter and excuses his absence from the June 4, 2019 status conference nunc pro tunc. (Signed by Magistrate Judge Katharine H. Parker on 6/10/2019) (ks)
June 10, 2019 Opinion or Order Filing 1069 Objection re: #1058 Memorandum & Opinion, . Document filed by Ilyas Khrapunov, Viktor Khrapunov. (Attachments: #1 Notice of Objection)(Solomon, Andrew)
June 7, 2019 Opinion or Order Filing 1068 ORDER: On June 4, 2019, the parties attended a pre-motion conference before this Court. As discussed during the conference, an evidentiary hearing concerning Plaintiffs' Motion for Sanctions and Contempt against Gennady Petelin is hereby scheduled for September 24, 2019 at 10:00 a.m. in Courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, New York. In advance of the hearing, the Court will permit the parties to exchange document requests and up to five contention interrogatories that should be served by no later than June 19, 2019 and should be answered by no later than July 19, 2019. No depositions will be permitted. Because the Court will permit post-hearing briefing, the parties should not file any briefs prior to the hearing. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 6/7/2019) ( Evidentiary Hearing set for 9/24/2019 at 10:00 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (ks)
June 6, 2019 Opinion or Order Filing 1067 LETTER addressed to Magistrate Judge Katharine H. Parker from Mukhtar Ablyazov, dated 6/3/19 re: Defendant Ablyazov requests that the Court excuse him from participating in the conference scheduled for 6/4/19, because of his inability to secure someone who can translate for him etc. Document filed by Mukhtar Ablyazov.(sc)
June 6, 2019 Opinion or Order Filing 1066 ORDER: Defendant Triadou's moving brief for its Motion for a Protective Order and Preclusion of the SMP Documents is due by June 18, 2019. Plaintiffs' opposition brief is due by July 12, 2019 and Triadou's reply is due by July 19, 2019. Expert discovery is hereby extended to August 30, 2019. (As further set forth in this Order.) SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 6/6/2019) ( Expert Discovery due by 8/30/2019., Motions due by 6/18/2019., Responses due by 7/12/2019, Replies due by 7/19/2019.) (ks)
June 6, 2019 Opinion or Order ***DELETED DOCUMENT. Deleted document number #1066 Order. The document was incorrectly filed in this case. (ca)
June 4, 2019 Opinion or Order Filing 1065 LETTER MOTION to Seal Document #1064 Brief, addressed to Judge Alison J. Nathan from Matthew L. Schwartz dated 6/3/2019. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
June 4, 2019 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Pre-Motion Conference held on 6/4/2019. (Court Reporter Carol Ganley) (ca)
June 3, 2019 Opinion or Order Filing 1064 SUPPLEMENTAL BRIEF re: #1055 Order,,, . Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Affidavit of Matthew L. Schwartz, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(Schwartz, Matthew)
June 3, 2019 Opinion or Order Filing 1063 LETTER MOTION to Seal Document #1062 Brief addressed to Judge Alison J. Nathan from Andrew T. Solomon dated June 3, 2019. Document filed by Ilyas Khrapunov, Viktor Khrapunov.(Solomon, Andrew)
June 3, 2019 Opinion or Order Filing 1062 SUPPLEMENTAL BRIEF re: #1055 Order,,, on the Question of Whether the Kazakh Entities' Fraudulent Conveyance Claims Are Moot. Document filed by Ilyas Khrapunov, Viktor Khrapunov.(Solomon, Andrew)
June 3, 2019 Opinion or Order Filing 1061 JOINT LETTER MOTION for Conference Requesting Permission to Bring Personal Electronic Devices to the Conference Scheduled on June 4, 2019, addressed to Magistrate Judge Katharine H. Parker from Peter M. Skinner dated June 3, 2019. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Text of Proposed Order Authorizing Personal Electronic Devices)(Skinner, Peter)
June 3, 2019 Opinion or Order Filing 1060 LETTER MOTION to Seal Document #1059 Brief addressed to Judge Alison J. Nathan from Deborah A. Skakel dated 06/03/2019. Document filed by Triadou SPV S.A..(Skakel, Deborah)
June 3, 2019 Opinion or Order Filing 1059 SUPPLEMENTAL BRIEF in Support of its Motion to Dismiss the Fraudulent Transfer Claims as Moot. Document filed by Triadou SPV S.A..(Skakel, Deborah)
May 29, 2019 Opinion or Order Filing 1058 OPINION & ORDER re: #914 MOTION to Amend/Correct #433 Amended Crossclaim, filed by City of Almaty, BTA Bank JSC. For the reasons set forth above, Plaintiffs' Motion to Amend is Granted. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 5/29/2019) (rro) Modified on 5/30/2019 (rro).
May 29, 2019 Opinion or Order Filing 1057 NOTICE OF CHANGE OF ADDRESS by Robyn Leigh Michaelson on behalf of Triadou SPV S.A.. New Address: Blank Rome LLP., 1271 Avenue of Americas, New York, New York, 10020, 212-885-5000. (Michaelson, Robyn)
May 23, 2019 Opinion or Order Filing 1056 SEALED DOCUMENT placed in vault.(rz)
May 22, 2019 Opinion or Order Filing 1055 ORDER: At several points in this litigation, the parties in the above-captioned action have raised the question of whether the Kazakh Entities' fraudulent conveyance claims are moot. Discussion of the issue can be found in the briefing on Defendant Viktor Khrapunov's October 3, 2018 motion in the alternative for judgment on the pleadings on the fraudulent conveyance claims,Dkt. No. 858; on the record at several case management conferences with Magistrate Judge Parker, see, e.g., Feb. 26, 2019 Tr.; and in letter responses filed pursuant to Magistrate Judge Parker's Order of March 1, 2019, see Dkt. Nos. 978, 981, 983, 998, 1006, 1014. This Court will resolve the mootness issue raised in these submissions. If any party wishes to supplement the current submissions on this issue, they may file up to an additional 15 pages of double-spaced briefing by June 3, 2019. SO ORDERED. (Signed by Judge Alison J. Nathan on 5/21/2019) (jca)
May 21, 2019 Opinion or Order Filing 1054 ORDER granting #1052 Letter Motion to Seal Document #1051 Response to Motion,, #1028 LETTER MOTION for Conference (Pre-Motion) addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 04/18/2019. Application Granted. (Signed by Magistrate Judge Katharine H. Parker on 5/21/19) (yv) Transmission to Sealed Records Clerk for processing.
May 21, 2019 Opinion or Order Filing 1053 ORDER granting in part and denying without prejudice in part #1050 Letter Motion for Extension of Time to Complete Discovery. The deadline for serving rebuttal expert reports is extended from May 24 to June 28, 2019. The Court will discuss other deadlines and requests with the parties at the June 4, 2019 conference. (HEREBY ORDERED by Magistrate Judge Katharine H. Parker)(Text Only Order) (Parker, Katharine)
May 21, 2019 Opinion or Order Filing 1052 LETTER MOTION to Seal Document #1051 Response to Motion,, addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated May 21, 2019. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
May 21, 2019 Opinion or Order Filing 1051 LETTER RESPONSE to Motion addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated May 21, 2019 re: #1028 LETTER MOTION for Conference (Pre-Motion) addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 04/18/2019., #1050 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 05/17/2019. . Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Schwartz, Matthew)
May 17, 2019 Opinion or Order Filing 1050 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 05/17/2019. Document filed by Triadou SPV S.A..(Skakel, Deborah)
May 17, 2019 Opinion or Order Filing 1049 MEMO ENDORSEMENT on re: (1048 in 1:15-cv-05345-AJN-KHP) Response to Motion, filed by Gennady Petelin, (48 in 1:18-mc-00227-AJN-KHP) Response to Motion, filed by Gennady Petelin. ENDORSEMENT: APPLICATION GRANTED: Judge Parker's Chambers will contact counsel with teleconference information so they can appear at the June 4, 2019 Pre-Motion conference telephonically. APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 5/17/2019) (ks)
May 16, 2019 Opinion or Order Filing 1048 LETTER RESPONSE to Motion addressed to Magistrate Judge Katharine H. Parker from Eugene Illovsky dated May 16, 2019 re: #1028 LETTER MOTION for Conference (Pre-Motion) addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 04/18/2019. Request to Appear Telephonically. Document filed by Gennady Petelin. (Illovsky, Eugene)
May 16, 2019 Opinion or Order Filing 1047 NOTICE of Change of Firm Name. Document filed by Gennady Petelin. (Illovsky, Eugene)
May 16, 2019 Opinion or Order Filing 1046 SEALED DOCUMENT placed in vault.(mhe)
May 16, 2019 Opinion or Order Filing 1045 SEALED DOCUMENT placed in vault.(mhe)
May 3, 2019 Opinion or Order Filing 1044 REPLY MEMORANDUM OF LAW in Support re: #1023 MOTION for Judgment on the Pleadings (Partial) or, Alternatively,. MOTION for Reconsideration re; #996 Memorandum & Opinion,, (Partial). . Document filed by Triadou SPV S.A.. (Skakel, Deborah)
May 2, 2019 Opinion or Order Filing 1043 SEALED DOCUMENT placed in vault.(mhe)
May 2, 2019 Opinion or Order Filing 1042 SEALED DOCUMENT placed in vault.(mhe)
May 2, 2019 Opinion or Order Filing 1041 SEALED DOCUMENT placed in vault.(mhe)
May 2, 2019 Opinion or Order Filing 1040 SEALED DOCUMENT placed in vault.(mhe)
May 2, 2019 Opinion or Order Filing 1039 SEALED DOCUMENT placed in vault.(mhe)
May 2, 2019 Opinion or Order Filing 1038 SEALED DOCUMENT placed in vault.(mhe)
May 2, 2019 Opinion or Order Filing 1037 SEALED DOCUMENT placed in vault.(mhe)
May 2, 2019 Opinion or Order Filing 1036 SEALED DOCUMENT placed in vault.(mhe)
May 2, 2019 Opinion or Order Filing 1035 SEALED DOCUMENT placed in vault.(mhe)
May 2, 2019 Opinion or Order Filing 1034 NOTICE OF CHANGE OF ADDRESS by Deborah A. Skakel on behalf of Triadou SPV S.A.. New Address: Blank Rome LLP., 1271 Avenue of Americas, New York, New York, 10020, 212-885-5000. (Skakel, Deborah)
April 26, 2019 Opinion or Order Filing 1033 MEMORANDUM OF LAW in Opposition re: #1023 MOTION for Judgment on the Pleadings (Partial) or, Alternatively,. MOTION for Reconsideration re; #996 Memorandum & Opinion,, (Partial). . Document filed by BTA Bank JSC, City of Almaty. (Schwartz, Matthew)
April 22, 2019 Opinion or Order Transmission to Sealed Records Clerk. Transmitted re: #1032 Order on Motion for Conference,,, to the Sealed Records Clerk for the sealing or unsealing of document or case. (ama)
April 22, 2019 Opinion or Order Filing 1032 ORDER SCHEDULING PRE-MOTION CONFERENCE: granting #1028 Letter Motion for Conference. A Pre-Motion conference is scheduled for Tuesday, June 4, 2019 at 2:30 p.m. in Courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, New York. The conference will be held to address Plaintiff's proposed motion for sanctions against non-party witness Petelin in 18-MC-227 and Defendant Triadou's proposed motion for a protective order (ECF No. 1029). SO ORDERED. Pre-Motion Conference set for 6/4/2019 at 02:30 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker. (Signed by Magistrate Judge Katharine H. Parker on 4/22/2019) (ama)
April 22, 2019 Opinion or Order Filing 1031 MEMO ENDORSEMENT granting (42 in 18-mc-227) Letter Motion to Seal Document. ENDORSEMENT: So Ordered. (Signed by Magistrate Judge Katharine H. Parker on 4/22/19) (yv)
April 22, 2019 Opinion or Order Filing 1030 LETTER addressed to Magistrate Judge Katharine H. Parker from Andrew T. Solomon dated April 22, 2019 re: Conference Scheduling. Document filed by Ilyas Khrapunov, Viktor Khrapunov.(Solomon, Andrew)
April 19, 2019 Opinion or Order Filing 1029 LETTER MOTION to Seal Document #1028 LETTER MOTION for Conference (Pre-Motion) addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 04/18/2019. addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 04/18/2019. Document filed by Triadou SPV S.A..(Skakel, Deborah)
April 19, 2019 Opinion or Order Filing 1028 LETTER MOTION for Conference (Pre-Motion) addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 04/18/2019. Document filed by Triadou SPV S.A..(Skakel, Deborah)
April 18, 2019 Opinion or Order Filing 1027 LETTER addressed to Judge Alison J. Nathan from Herman Cahn dated 04/18/2019 re: response to Mr. Schwartz's letter and Ms. Skakel's letter. Document filed by Herman Cahn.(Cahn, Herman)
April 17, 2019 Opinion or Order Filing 1026 LETTER addressed to Judge Alison J. Nathan from Deborah A. Skakel dated 04/17/2019 re: Response to Supplemental Letter ECF# 1025. Document filed by Triadou SPV S.A..(Skakel, Deborah)
April 16, 2019 Opinion or Order Filing 1025 SUPPLEMENTAL LETTER addressed to Judge Alison J. Nathan from Matthew L. Schwartz dated April 16, 2019 re: The Monitor's motion to modify the Attachment Order [ECF No. 987]. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Schwartz, Matthew)
April 12, 2019 Opinion or Order Filing 1024 MEMORANDUM OF LAW in Support re: #1023 MOTION for Judgment on the Pleadings (Partial) or, Alternatively,. MOTION for Reconsideration re; #996 Memorandum & Opinion,, (Partial). Reconsideration of the Courts March 29, 2019 Order. Document filed by Triadou SPV S.A.. (Skakel, Deborah)
April 12, 2019 Opinion or Order Filing 1023 MOTION for Judgment on the Pleadings (Partial) or, Alternatively,., MOTION for Reconsideration re; #996 Memorandum & Opinion,, (Partial). Document filed by Triadou SPV S.A..(Skakel, Deborah)
April 11, 2019 Opinion or Order Filing 1022 ORDER, The status conference currently scheduled for April 12, 2019 is hereby adjourned sine die. The Court will schedule a joint conference in this and the related matter, City of Almaty et al. v. Sater et al., 19-cv-2645, by separate order. SO ORDERED. (Signed by Judge Alison J. Nathan on 4/11/2019) (kv)
April 11, 2019 Opinion or Order Filing 1021 DECLARATION of Herman Cahn in Support re: #987 MOTION to Transfer Monitorship Funds and for Leave to Withdraw Monitorship Funds .. Document filed by Herman Cahn. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Cahn, Herman)
April 11, 2019 Opinion or Order Filing 1020 REPLY MEMORANDUM OF LAW in Support re: #987 MOTION to Transfer Monitorship Funds and for Leave to Withdraw Monitorship Funds . . Document filed by Herman Cahn. (Cahn, Herman)
April 9, 2019 Opinion or Order Filing 1019 ORDER granting #1015 Letter Motion to Seal Document #1014 Letter. Application Granted. (Signed by Magistrate Judge Katharine H. Parker on 4/9/19) (yv) Transmission to Sealed Records Clerk for processing.
April 9, 2019 Opinion or Order Filing 1018 ORDER granting #1013 Letter Motion to Seal Document #1012 Reply Memorandum of Law in Support of Motion. Application Granted. (Signed by Magistrate Judge Katharine H. Parker on 4/9/19) (yv) Transmission to Sealed Records Clerk for processing.
April 9, 2019 Opinion or Order Filing 1017 ORDER granting #1011 Letter Motion to Seal Document #1008 Declaration in Support of Motion, #1010 Reply Memorandum of Law in Support of Motion. Application Granted. (Signed by Magistrate Judge Katharine H. Parker on 4/9/19) (yv) Transmission to Sealed Records Clerk for processing.
April 9, 2019 Opinion or Order Filing 1016 ORDER granting #1007 Letter Motion to Seal Document. Application Granted. (Signed by Magistrate Judge Katharine H. Parker on 4/9/19) (yv) Transmission to Sealed Records Clerk for processing.
April 8, 2019 Opinion or Order Filing 1015 LETTER MOTION to Seal Document #1014 Letter, addressed to Magistrate Judge Katharine H. Parker from Andrew T. Solomon dated April 8, 2019. Document filed by Ilyas Khrapunov, Viktor Khrapunov.(Solomon, Andrew)
April 8, 2019 Opinion or Order Filing 1014 LETTER addressed to Magistrate Judge Katharine H. Parker from Andrew T. Solomon dated April 8, 2019 re: Reply Letter in Further Response to the Court's March 1, 2019 Order (Doc. 978).. Document filed by Ilyas Khrapunov, Viktor Khrapunov.(Solomon, Andrew)
April 8, 2019 Opinion or Order Filing 1013 LETTER MOTION to Seal Document #1012 Reply Memorandum of Law in Support of Motion addressed to Magistrate Judge Katharine H. Parker from Andrew T. Solomon dated April 8, 2019. Document filed by Ilyas Khrapunov, Viktor Khrapunov.(Solomon, Andrew)
April 8, 2019 Opinion or Order Filing 1012 REPLY MEMORANDUM OF LAW in Support re: #971 MOTION for Sanctions . . Document filed by Ilyas Khrapunov, Viktor Khrapunov. (Solomon, Andrew)
April 8, 2019 Opinion or Order Filing 1011 LETTER MOTION to Seal Document #1010 Reply Memorandum of Law in Support of Motion, #1008 Declaration in Support of Motion, addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 04/08/2019. Document filed by Triadou SPV S.A..(Skakel, Deborah)
April 8, 2019 Opinion or Order Filing 1010 REPLY MEMORANDUM OF LAW in Support re: #967 MOTION to Compel and for Discovery Sanctions . . Document filed by Triadou SPV S.A.. (Skakel, Deborah)
April 8, 2019 Opinion or Order Filing 1009 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (SEE #1010 Reply Memorandum) - MEMORANDUM OF LAW in Support re: #967 MOTION to Compel and for Discovery Sanctions . . Document filed by Triadou SPV S.A.. (Skakel, Deborah) Modified on 4/9/2019 (db).
April 8, 2019 Opinion or Order Filing 1008 DECLARATION of Deborah A. Skakel in Support re: #967 MOTION to Compel and for Discovery Sanctions .. Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit 33, #2 Exhibit 34, #3 Exhibit 35, #4 Exhibit 36)(Skakel, Deborah)
April 8, 2019 Opinion or Order Filing 1007 LETTER MOTION to Seal Document #1006 Letter, addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 04/08/2019. Document filed by Triadou SPV S.A..(Skakel, Deborah)
April 8, 2019 Opinion or Order Filing 1006 LETTER addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 04/08/2019 re: Reply Letter in Support of Triadous Letter Regarding the Mootness of the Fraudulent Transfer Claims, ECF 981.. Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit 1)(Skakel, Deborah)
April 4, 2019 Opinion or Order Filing 1005 DECLARATION of Matthew L. Schwartz in Opposition re: #987 MOTION to Transfer Monitorship Funds and for Leave to Withdraw Monitorship Funds .. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Schwartz, Matthew)
April 4, 2019 Opinion or Order Filing 1004 MEMORANDUM OF LAW in Opposition re: #987 MOTION to Transfer Monitorship Funds and for Leave to Withdraw Monitorship Funds . . Document filed by BTA Bank JSC, City of Almaty. (Schwartz, Matthew)
April 4, 2019 Opinion or Order Filing 1003 LETTER RESPONSE to Motion addressed to Judge Alison J. Nathan from Deborah A. Skakel dated 04/04/2019 re: #987 MOTION to Transfer Monitorship Funds and for Leave to Withdraw Monitorship Funds . . Document filed by Triadou SPV S.A.. (Skakel, Deborah)
April 4, 2019 Opinion or Order Filing 1002 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (SEE #1003 Letter Response) - LETTER addressed to Judge Alison J. Nathan from Deborah A. Skakel dated 04/04/2019 re: Motion to Transfer. Document filed by Triadou SPV S.A..(Skakel, Deborah) Modified on 4/8/2019 (db).
April 2, 2019 Opinion or Order Filing 1001 ORDER granting #999 Letter Motion for Leave to File Excess Pages. So Ordered. (Signed by Magistrate Judge Katharine H. Parker on 4/2/19) (yv)
April 1, 2019 Opinion or Order Filing 1000 MEMO ENDORSEMENT on re: #997 Letter sealing, filed by City of Almaty, BTA Bank JSC. ENDORSEMENT: Application Granted. (Signed by Magistrate Judge Katharine H. Parker on 4/1/19) (yv) Transmission to Sealed Records Clerk for processing.
April 1, 2019 Opinion or Order Filing 999 LETTER MOTION for Leave to File Excess Pages addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 04/01/2019. Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit 1 to Triadou Ltr-Request.)(Skakel, Deborah)
March 29, 2019 Opinion or Order Filing 998 LETTER addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 3/29/19 re: ECF No. 978. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Schwartz, Matthew)
March 29, 2019 Opinion or Order Filing 997 LETTER addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 3/29/19 re: cover letter re: sealing. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
March 29, 2019 Opinion or Order Filing 996 OPINION AND ORDER: re: #666 MOTION for Judgment on the Pleadings Partial filed by Triadou SPV S.A. For the foregoing reasons, Triadou's motion for partial judgment on the pleadings is GRANTED in part and DENIED in part. The Kazakh Entities' cross-claims that Triadou is liable as an alter ego for unjust enrichment (Count Eight), conversion (Count Nine) and constructive trust (Count Ten) are DISMISSED as time-barred. However, the motion for partial judgment on the pleadings is denied as to the Kazakh Entities' cross-claims that Triadou is individually liable for the same claims. This resolves Dkt. No. 666. SO ORDERED. (Signed by Judge Alison J. Nathan on 3/29/2019) (ama)
March 28, 2019 Opinion or Order Filing 995 LETTER addressed to Judge Alison J. Nathan from Matthew L. Schwartz dated March 28, 2019 re: Related Case Statement concerning Case No. 19 Civ. 2645. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
March 26, 2019 Opinion or Order Filing 994 MEMO ENDORSEMENT on re: #991 Letter sealing, filed by City of Almaty, BTA Bank JSC. ENDORSEMENT: Application Granted. (Signed by Magistrate Judge Katharine H. Parker on 3/26/19) (yv) Transmission to Sealed Records Clerk for processing.
March 26, 2019 Opinion or Order Filing 993 MEMORANDUM OF LAW in Opposition re: #971 MOTION for Sanctions ., #967 MOTION to Compel and for Discovery Sanctions . . Document filed by BTA Bank JSC, City of Almaty. (Schwartz, Matthew)
March 26, 2019 Opinion or Order Filing 992 DECLARATION of Matthew L. Schwartz in Opposition re: #971 MOTION for Sanctions ., #967 MOTION to Compel and for Discovery Sanctions .. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30)(Schwartz, Matthew)
March 26, 2019 Opinion or Order Filing 991 LETTER addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 3/25/19 re: cover letter re: sealing. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
March 21, 2019 Opinion or Order Filing 990 PROPOSED ORDER. Document filed by Herman Cahn. Related Document Number: #987 . (Cahn, Herman) Proposed Order to be reviewed by Clerk's Office staff.
March 21, 2019 Opinion or Order Filing 989 DECLARATION of Herman Cahn in Support re: #987 MOTION to Transfer Monitorship Funds and for Leave to Withdraw Monitorship Funds .. Document filed by Herman Cahn. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Cahn, Herman)
March 21, 2019 Opinion or Order Filing 988 MEMORANDUM OF LAW in Support re: #987 MOTION to Transfer Monitorship Funds and for Leave to Withdraw Monitorship Funds . . Document filed by Herman Cahn. (Cahn, Herman)
March 21, 2019 Opinion or Order Filing 987 MOTION to Transfer Monitorship Funds and for Leave to Withdraw Monitorship Funds . Document filed by Herman Cahn.(Cahn, Herman)
March 21, 2019 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #990 Proposed Order was reviewed and approved as to form. (km)
March 18, 2019 Opinion or Order Filing 986 ENDORSED LETTER addressed to Magistrate Judge Katharine H. Parker from Andrew T. Solomon dated 3/15/19 re: request that the Court accept for filing under seal Exhibit B to their letter to the Court dated March 15, 2019. ENDORSEMENT: Application Granted. (Signed by Magistrate Judge Katharine H. Parker on 3/18/19) (yv) Transmission to Sealed Records Clerk for processing.
March 18, 2019 Opinion or Order Filing 985 ORDER granting #982 Letter Motion to Seal Document. Application Granted. (Signed by Magistrate Judge Katharine H. Parker on 3/18/19) (yv) Transmission to Sealed Records Clerk for processing.
March 15, 2019 Opinion or Order Filing 984 LETTER MOTION to Seal Document #983 Letter, addressed to Magistrate Judge Katharine H. Parker from Andrew T. Solomon dated March 15, 2019. Document filed by Ilyas Khrapunov, Viktor Khrapunov.(Solomon, Andrew)
March 15, 2019 Opinion or Order Filing 983 LETTER addressed to Magistrate Judge Katharine H. Parker from Andrew T. Solomon dated March 15, 2019 re: Response to the Court's March 1, 2019 Order (Doc. 978). Document filed by Ilyas Khrapunov, Viktor Khrapunov. (Attachments: #1 Exhibit A, #2 Exhibit B)(Solomon, Andrew)
March 15, 2019 Opinion or Order Filing 982 LETTER MOTION to Seal Document #981 Letter addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 03/15/2019. Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit A to Sealing Request., #2 Exhibit B to Sealing Request)(Skakel, Deborah)
March 15, 2019 Opinion or Order Filing 981 LETTER addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 3/15/2019 re: Dkt.# 978. Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Skakel, Deborah)
March 8, 2019 Opinion or Order Filing 980 ORDER granting #979 Letter Motion for Extension of Time. Application Granted. (Signed by Magistrate Judge Katharine H. Parker on 3/8/19) (yv)
March 7, 2019 Opinion or Order Filing 979 JOINT LETTER MOTION for Extension of Time for Expert Discovery and Consent Motion to Extend Time to Oppose Defendants' Sanctions Motions addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated March 7, 2019. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
March 1, 2019 Opinion or Order Filing 978 ORDER. As a follow-up to the Court's discussion with the parties about the ripeness of a motion to dismiss/motion for summary judgment in this action on grounds of mootness, the Court respectfully requests additional letter submissions. Counsel for the Khrapunovs represented that Plaintiffs' settlement with the Chetrit Group, through which they obtained an interest in the real estate that Triadou allegedly fraudulently conveyed to the Chetrit Group, moots this action because Plaintiffs obtained the relief they were seeking. By March 15, 2019, the Khrapunovs and, separately, Triadou, shall each file a letter of no more than 5 pages summarizing the terms of the settlement and how, if at all, it fully satisfies Plaintiffs' damages on the claims that remain in this case and whether it moots this action. The Court requests that the parties also address whether this issue is ripe for adjudication and if not, why not. By March 29, 2019, Plaintiffs shall file a letter of no more than 8 pages setting forth its position as to whether the settlement with the Chetrit Group moots this action as to each of the Defendants. Plaintiffs shall also address whether this issue is ripe for adjudication as to any of the Defendants and, if not, why not. The parties shall identify those remaining claims, if any, that are not impacted by the settlement. The parties also shall address any other relief obtained by Plaintiff from other non-parties that may bear on the mootness issue. (Parker, Katharine)
February 28, 2019 Opinion or Order Filing 977 SEALED DOCUMENT placed in vault.(rz)
February 27, 2019 Opinion or Order Filing 976 ORDER granting #974 Letter Motion to Seal Document. Application Granted. (Signed by Magistrate Judge Katharine H. Parker on 2/27/19) (yv) Transmission to Sealed Records Clerk for processing.
February 27, 2019 Opinion or Order Filing 975 ORDER granting #970 Letter Motion to Seal Document. Application Granted. (Signed by Magistrate Judge Katharine H. Parker on 2/27/19) (yv) Transmission to Sealed Records Clerk for processing.
February 26, 2019 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Case Management Conference held on 2/26/2019. (Court Reporter Steve Griffing) (ca)
February 22, 2019 Opinion or Order Filing 974 LETTER MOTION to Seal Document #972 Memorandum of Law in Support of Motion, #973 Declaration in Support of Motion,, addressed to Magistrate Judge Katharine H. Parker from Andrew T. Solomon dated February 22, 2019. Document filed by Ilyas Khrapunov, Viktor Khrapunov.(Solomon, Andrew)
February 22, 2019 Opinion or Order Filing 973 DECLARATION of Andrew T. Solomon in Support re: #971 MOTION for Sanctions .. Document filed by Ilyas Khrapunov, Viktor Khrapunov. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S)(Solomon, Andrew)
February 22, 2019 Opinion or Order Filing 972 MEMORANDUM OF LAW in Support re: #971 MOTION for Sanctions . . Document filed by Ilyas Khrapunov, Viktor Khrapunov. (Solomon, Andrew)
February 22, 2019 Opinion or Order Filing 971 MOTION for Sanctions . Document filed by Ilyas Khrapunov, Viktor Khrapunov.(Solomon, Andrew)
February 22, 2019 Opinion or Order Filing 970 LETTER MOTION to Seal Document #969 Declaration in Support of Motion,,, #968 Memorandum of Law in Support of Motion addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 02/22/2019. Document filed by Triadou SPV S.A..(Skakel, Deborah)
February 22, 2019 Opinion or Order Filing 969 DECLARATION of Deborah A. Skakel in Support re: #967 MOTION to Compel and for Discovery Sanctions .. Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32)(Skakel, Deborah)
February 22, 2019 Opinion or Order Filing 968 MEMORANDUM OF LAW in Support re: #967 MOTION to Compel and for Discovery Sanctions . . Document filed by Triadou SPV S.A.. (Skakel, Deborah)
February 22, 2019 Opinion or Order Filing 967 MOTION to Compel and for Discovery Sanctions . Document filed by Triadou SPV S.A..(Skakel, Deborah)
February 19, 2019 Opinion or Order Filing 966 SEALED DOCUMENT placed in vault.(rz)
February 14, 2019 Opinion or Order Filing 965 ORDER granting #963 Letter Motion for Extension of Time. APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 2/14/2019) Motions due by 2/22/2019. (ks)
February 14, 2019 Opinion or Order Filing 964 ORDER granting #962 Letter Motion for Oral Argument. APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 2/14/2019) (ks)
February 14, 2019 Opinion or Order Set/Reset Deadlines: Responses due by 3/18/2019 (ks)
February 13, 2019 Opinion or Order Filing 963 LETTER MOTION for Extension of Time addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 02/13/2019. Document filed by Triadou SPV S.A..(Skakel, Deborah)
February 12, 2019 Opinion or Order Filing 962 LETTER MOTION for Oral Argument on Motion filed by the City of Almaty, Kazakhstan and BTA Bank JSC( "Almaty/BTA") seeking sanctions. (ECF 918) addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 02/12/2019. Document filed by Triadou SPV S.A..(Skakel, Deborah)
February 12, 2019 Opinion or Order Filing 961 MEMO ENDORSEMENT on re: #960 Letter to seal, filed by City of Almaty, BTA Bank JSC. ENDORSEMENT: Application Granted. (Signed by Magistrate Judge Katharine H. Parker on 2/12/19) (yv) Transmission to Sealed Records Clerk for processing.
February 12, 2019 Opinion or Order Filing 960 LETTER addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 2/11/19 re: cover letter re: sealing. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
February 11, 2019 Opinion or Order Filing 959 MEMORANDUM OF LAW in Support re: #918 MOTION for Sanctions . Reply Memorandum of Law. Document filed by BTA Bank JSC, City of Almaty. (Schwartz, Matthew)
February 11, 2019 Opinion or Order Filing 958 DECLARATION of Matthew L. Schwartz in Support re: #918 MOTION for Sanctions .. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Schwartz, Matthew)
February 7, 2019 Opinion or Order Filing 957 MEMO ENDORSEMENT on re: #956 Letter Request for Extension of Time to File Reply, filed by City of Almaty, BTA Bank JSC, Set Deadlines/Hearing as to #956 Letter, #918 MOTION for Sanctions . : ENDORSEMENT: Application Granted. (Replies due by 2/11/2019.) (Signed by Magistrate Judge Katharine H. Parker on 2/7/19) (yv)
February 6, 2019 Opinion or Order Filing 956 LETTER addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 2/06/2019 re: Request for Extension of Time to File Reply. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
February 5, 2019 Opinion or Order Filing 955 ORDER granting #951 Letter Motion for Leave to File Document: The Clerk of Court is respectfully instructed to remove Exhibit "C" to the Declaration of Andrew T. Solomon in Opposition to Plaintiffs' Motion to Amend the Second Amended Crossclaims (ECF 932-3) and Exhibit "C" to the Declaration of Andrew T. Solomon in Opposition to Plaintiff's Motion for Sanctions (ECF 943-3) from the docket. (Signed by Magistrate Judge Katharine H. Parker on 2/5/2019) (jwh) Modified on 2/6/2019 (anc).
February 5, 2019 Opinion or Order Filing 954 ORDER, The case management conference currently scheduled for February 15, 2019 is hereby adjourned to 3:30 p.m. on April 12, 2109. SO ORDERED. (Case Management Conference set for 4/12/2019 at 03:30 PM before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 2/5/2019) (kv)
February 5, 2019 Opinion or Order Filing 953 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Case Management Conference proceeding held on 1/14/2019 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.(aea)
February 5, 2019 Opinion or Order Filing 952 TRANSCRIPT of Proceedings re: Case Management Conference held on 1/14/2019 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/26/2019. Redacted Transcript Deadline set for 3/8/2019. Release of Transcript Restriction set for 5/6/2019.(aea)
February 4, 2019 Opinion or Order Filing 951 LETTER MOTION for Leave to File Corrected Exhibits to Previously Filed Declarations addressed to Magistrate Judge Katharine H. Parker from Andrew T. Solomon dated February 4, 2019. Document filed by Ilyas Khrapunov, Viktor Khrapunov. (Attachments: #1 Exhibit Affidavit of Richard I. Lewis- to be substituted for ECF 923-3, #2 Exhibit Transcript Excerpts to be substituted for ECF 943-3)(Solomon, Andrew)
February 1, 2019 Opinion or Order Filing 950 REPLY MEMORANDUM OF LAW in Support re: #914 MOTION to Amend/Correct #433 Amended Crossclaim, . . Document filed by BTA Bank JSC, City of Almaty. (Schwartz, Matthew)
January 30, 2019 Opinion or Order Filing 948 SEALED DOCUMENT placed in vault.(rz)
January 30, 2019 Opinion or Order Filing 947 SEALED DOCUMENT placed in vault.(rz)
January 29, 2019 Opinion or Order Filing 946 ORDER granting #941 Letter Motion to Seal Document. Application Granted. (Signed by Magistrate Judge Katharine H. Parker on 1/29/19) (yv) Transmission to Sealed Records Clerk for processing.
January 29, 2019 Opinion or Order Filing 945 ORDER granting #944 Letter Motion to Seal Document. Application Granted. (Signed by Magistrate Judge Katharine H. Parker on 1/29/19) (yv) Transmission to Sealed Records Clerk for processing.
January 28, 2019 Opinion or Order Filing 949 MUKHTAR ABLYAZOV'S MEMORANDUM OF LAW IN OPPOSITION TO THE KAZAKH ENTITIES' MOTION FOR SANCTIONS, re: #918 MOTION for Sanctions . Document filed by Mukhtar Ablyazov. (sc)
January 28, 2019 Opinion or Order Filing 944 LETTER MOTION to Seal Document #943 Declaration in Opposition to Motion, #942 Memorandum of Law in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from Andrew T. Solomon dated January 28, 2019. Document filed by Ilyas Khrapunov, Viktor Khrapunov.(Solomon, Andrew)
January 28, 2019 Opinion or Order Filing 943 DECLARATION of Andrew T. Solomon in Opposition re: #918 MOTION for Sanctions .. Document filed by Ilyas Khrapunov, Viktor Khrapunov. (Attachments: #1 Exhibit A, #2 Exhibit B, ***DELETED DOCUMENT. Deleted document number [943-3] from the case record. The document was deleted from this case pursuant to #955 Order on Motion for Leave to File Document . (jwh) # 3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Solomon, Andrew) Modified on 2/5/2019 (jwh). (Additional attachment(s) added on 2/6/2019: #8 EXHIBIT C) (ks).
January 28, 2019 Opinion or Order Filing 942 MEMORANDUM OF LAW in Opposition re: #918 MOTION for Sanctions . . Document filed by Ilyas Khrapunov, Viktor Khrapunov. (Solomon, Andrew)
January 28, 2019 Opinion or Order Filing 941 LETTER MOTION to Seal Document #940 Memorandum of Law in Opposition to Motion, #939 Declaration in Opposition to Motion,,,, addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 01/28/2019. Document filed by Triadou SPV S.A..(Skakel, Deborah)
January 28, 2019 Opinion or Order Filing 940 MEMORANDUM OF LAW in Opposition re: #918 MOTION for Sanctions . . Document filed by Triadou SPV S.A.. (Skakel, Deborah)
January 28, 2019 Opinion or Order Filing 939 DECLARATION of Deborah A. Skakel in Opposition re: #918 MOTION for Sanctions .. Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53)(Skakel, Deborah)
January 25, 2019 Opinion or Order Filing 938 SEALED DOCUMENT placed in vault.(mhe)
January 25, 2019 Opinion or Order Filing 937 SEALED DOCUMENT placed in vault.(mhe)
January 25, 2019 Opinion or Order Filing 936 SEALED DOCUMENT placed in vault.(mhe)
January 24, 2019 Opinion or Order Filing 935 ORDER: A status conference in this matter is hereby scheduled for February 26, 2019 at 12:00 p.m. in Courtroom 17D, United States Courthouse, 500 Pearl Street, New York, New York. SO ORDERED. Status Conference set for 2/26/2019 at 12:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker. (Signed by Magistrate Judge Katharine H. Parker on 1/24/2019) (mml)
January 24, 2019 Opinion or Order Filing 934 ORDER granting #933 Motion to Seal Document. Application granted. (Signed by Magistrate Judge Katharine H. Parker on 1/24/2019) (mml) Transmission to Sealed Records Clerk for processing.
January 23, 2019 Opinion or Order Filing 933 LETTER MOTION to Seal Document #932 Declaration in Opposition to Motion, Exhibits A and B, addressed to Magistrate Judge Katharine H. Parker from Andrew T. Solomon dated January 23, 2019. Document filed by Ilyas Khrapunov, Viktor Khrapunov.(Solomon, Andrew)
January 23, 2019 Opinion or Order Filing 932 DECLARATION of Andrew T. Solomon in Opposition re: #914 MOTION to Amend/Correct #433 Amended Crossclaim, .. Document filed by Ilyas Khrapunov, Viktor Khrapunov. (Attachments: #1 Exhibit A, #2 Exhibit B, ***DELETED DOCUMENT. Deleted document number [932-3] from the case record. The document was deleted from this case pursuant to #955 Order on Motion for Leave to File Document . (jwh) #3 Exhibit C)(Solomon, Andrew) Modified on 2/5/2019 (jwh). (Additional attachment(s) added on 2/6/2019: #3 EXHIBIT C) (ks).
January 23, 2019 Opinion or Order Filing 931 MEMORANDUM OF LAW in Opposition re: #914 MOTION to Amend/Correct #433 Amended Crossclaim, . . Document filed by Ilyas Khrapunov, Viktor Khrapunov. (Solomon, Andrew)
January 23, 2019 Opinion or Order Filing 930 MEMORANDUM OF LAW in Opposition re: #914 MOTION to Amend/Correct #433 Amended Crossclaim, . . Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit A-to Memo of Law in Opposition, #2 Exhibit B- Memo of Law in Opposition)(Skakel, Deborah)
January 22, 2019 Opinion or Order Filing 929 OPINION AND ORDER: For the reasons set forth above, the Kazakh Entities motion for a protective order or, in the alternative, to reopen discovery is DENIED, and Triadous motion seeking to reopen fact discovery is GRANTED for the sole and limited purpose of allowing the parties to use the valuation documents in this action. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 1/22/2019) (jca)
January 15, 2019 Opinion or Order Filing 928 ORDER: As discussed during the January 14, 2019 conference in this matter, the deposition of non-party witness Felix Sater shall take place no later than February 5, 2019, pursuant to Fed. R.Civ. P. 45. See, e.g., Daval Steel Prod., a Div. of Francosteel Corp. v. M/V Fakredine, 951 F.2d1357, 1364 (2d Cir. 1991) ("[A] valid subpoena is a legal instrument, non-compliance with which can constitute contempt of court."). SO ORDERED. (Deposition due by 2/5/2019.) (Signed by Magistrate Judge Katharine H. Parker on 1/15/2019) (jca)
January 14, 2019 Opinion or Order Filing 927 SCHEDULING ORDER: Defendant's time to respond to Plaintiffs' Motion for Sanction is extended to January 28, 2019. Plaintiffs' time to submit a Reply to that motion is extended to February 7, 2019.The parties shall identify affirmative experts by 2/15/2019. Affirmative expert reports due 3/22/2019. Rebuttal expert reports due 4/19/2019. Expert depositions and discovery deadline 5/15/2019. (Parker, Katharine)
January 14, 2019 Opinion or Order Filing 926 Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Case Management Conference held on 1/14/2019; See Transcript for Details. A transcript of this proceeding is available by utilizing the attached order form. (ca)
January 11, 2019 Opinion or Order Filing 925 LETTER RESPONSE in Support of Motion addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 1/11/2018 re: #910 LETTER MOTION for Discovery Seeking Protective Order re Untimely Subpoenas addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 12/31/2018. . Document filed by BTA Bank JSC, City of Almaty. (Schwartz, Matthew)
January 10, 2019 Opinion or Order Filing 924 AMENDED MEMORANDUM OF LAW in Support re: #918 MOTION for Sanctions . . Document filed by BTA Bank JSC, City of Almaty. (Schwartz, Matthew)
January 9, 2019 Opinion or Order Filing 923 MEMO ENDORSEMENT on re: #917 Letter sealing, filed by City of Almaty, BTA Bank JSC. ENDORSEMENT: Application Granted. (Signed by Magistrate Judge Katharine H. Parker on 1/9/19) (yv) Transmission to Sealed Records Clerk for processing.
January 9, 2019 Opinion or Order Filing 922 MEMORANDUM OF LAW in Support re: #918 MOTION for Sanctions . . Document filed by BTA Bank JSC, City of Almaty. (Schwartz, Matthew)
January 9, 2019 Opinion or Order Filing 921 DECLARATION of Matthew L. Schwartz in Support re: #918 MOTION for Sanctions .. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit 51, #2 Exhibit 52, #3 Exhibit 53, #4 Exhibit 54, #5 Exhibit 55, #6 Exhibit 56, #7 Exhibit 57, #8 Exhibit 58, #9 Exhibit 59, #10 Exhibit 60, #11 Exhibit 61, #12 Exhibit 62)(Schwartz, Matthew)
January 9, 2019 Opinion or Order Filing 920 DECLARATION of Matthew L. Schwartz in Support re: #918 MOTION for Sanctions .. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit 26, #2 Exhibit 27, #3 Exhibit 28, #4 Exhibit 29, #5 Exhibit 30, #6 Exhibit 31, #7 Exhibit 32, #8 Exhibit 33, #9 Exhibit 34, #10 Exhibit 35, #11 Exhibit 36, #12 Exhibit 37, #13 Exhibit 38, #14 Exhibit 39, #15 Exhibit 40, #16 Exhibit 41, #17 Exhibit 42, #18 Exhibit 43, #19 Exhibit 44, #20 Exhibit 45, #21 Exhibit 46, #22 Exhibit 47, #23 Exhibit 48, #24 Exhibit 49, #25 Exhibit 50)(Schwartz, Matthew)
January 9, 2019 Opinion or Order Filing 919 DECLARATION of Matthew L. Schwartz in Support re: #918 MOTION for Sanctions .. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25)(Schwartz, Matthew)
January 8, 2019 Opinion or Order Filing 918 MOTION for Sanctions . Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
January 8, 2019 Opinion or Order Filing 917 LETTER addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 1/8/2019 re: cover letter re: sealing. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
January 7, 2019 Opinion or Order Filing 916 DECLARATION of Matthew L Schwartz in Support re: #914 MOTION to Amend/Correct #433 Amended Crossclaim, .. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Schwartz, Matthew)
January 7, 2019 Opinion or Order Filing 915 MEMORANDUM OF LAW in Support re: #914 MOTION to Amend/Correct #433 Amended Crossclaim, . . Document filed by BTA Bank JSC, City of Almaty. (Schwartz, Matthew)
January 7, 2019 Opinion or Order Filing 914 MOTION to Amend/Correct #433 Amended Crossclaim, . Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
January 7, 2019 Opinion or Order Filing 913 LETTER addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 01/07/2019 re: Opposing request for protective order (ECF 910).. Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit A- to Triadou Ltr-Opp., #2 Exhibit B to Triadou Ltr-Opp.)(Skakel, Deborah)
January 2, 2019 Opinion or Order Filing 912 MEMO ENDORSEMENT on re: #909 Letter requesting adjournment, filed by City of Almaty, BTA Bank JSC. ENDORSEMENT: Application Granted. The 1/4/19 conference is adjourned to 1/14/19 at 12:00 p.m. in Courtroom 17D., (Case Management Conference set for 1/14/2019 at 12:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 1/2/19) (yv) Modified on 8/13/2019 (yv).
January 1, 2019 Opinion or Order Filing 911 ORDER deferring ruling on #910 Motion for Discovery. The case management conference on 1/4/19 is adjourned to 1/14/19 at noon. Triadou shall submit a letter responding to Plaintiffs letter by 1/7/2019. The Court will address the issue of the propriety of the additional discovery sought by Triadou at the 1/14/2019 conference. (HEREBY ORDERED by Magistrate Judge Katharine H. Parker)(Text Only Order) (Parker, Katharine)
December 31, 2018 Opinion or Order Filing 910 LETTER MOTION for Discovery Seeking Protective Order re Untimely Subpoenas addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 12/31/2018. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Schwartz, Matthew)
December 31, 2018 Opinion or Order Filing 909 LETTER addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 12/31/2018 re: Rescheduling of Jan. 4, 2019 Conference. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
December 17, 2018 Opinion or Order Filing 908 ORDER. The Court has considered the parties respective letters concerning the deposition of Leila Khrapunova. ECF Nos. 899, 904, 907. It is not clear to this Court that Khrapunova, who resides in Switzerland, will be called as a witness in any trial of this matter, although Defendants have listed her as a fact witness on their Rule 26 disclosures. Additionally, Plaintiffs have not identified any specific knowledge Khrapunova has relevant to the U.S. real estate investments of Triadou at issue in this case. At such, Plaintiffs have not demonstrated good cause at this time to take the deposition of Khrapunova. However, should any of the Defendants elect to bring Khrapunova to the United States to testify at any trial in this matter, Plaintiffs may re-apply for permission to take her deposition at that time, with the scope limited to those matters about which she will be called to testify. (Parker, Katharine)
December 11, 2018 Opinion or Order Filing 907 LETTER addressed to Magistrate Judge Katharine H. Parker from Andrew T. Solomon dated December 11, 2018 re: Response to Plaintiffs' Letter of December 5, 2018 (Doc. 904). Document filed by Ilyas Khrapunov, Viktor Khrapunov.(Solomon, Andrew)
December 11, 2018 Opinion or Order Filing 906 ORDER granting #905 Letter Motion for Leave to File Document. Application Granted. (Signed by Magistrate Judge Katharine H. Parker on 12/11/18) (yv)
December 10, 2018 Opinion or Order Filing 905 LETTER MOTION for Leave to File Response to Plaintiffs' Letter of December 5, 2018 (Doc. 904) addressed to Magistrate Judge Katharine H. Parker from Andrew T. Solomon dated December 10, 2018. Document filed by Ilyas Khrapunov, Viktor Khrapunov.(Solomon, Andrew)
December 5, 2018 Opinion or Order Filing 904 LETTER addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated December 5, 2018 re: Triadou SPV S.A.'s November 28, 2018 letter regarding deposition of Leila Khrapunova. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Schwartz, Matthew)
December 4, 2018 Opinion or Order Filing 903 SEALED DOCUMENT placed in vault.(rz)
December 3, 2018 Opinion or Order Filing 902 LETTER addressed to Judge Alison J. Nathan from Deborah A. Skakel dated 12/03/2018 re: Status Update Concerning the Letter from the State Court Monitor (per ECF 895). Document filed by Triadou SPV S.A..(Skakel, Deborah)
December 3, 2018 Opinion or Order Filing 901 ORDER granting in part and denying in part #837 Letter Motion for Discovery; granting in part and denying in part #844 Letter Motion to Compel; granting #879 Letter Motion for Local Rule 37.2 Conference. Plaintiffs have requested permission to file a motion for discovery sanctions against Defendants pursuant to Federal Rule of Civil Procedure 27 (Doc. No. 879). The Court sets the following briefing schedule: Plaintiffs motion to be filed by January 8, 2019;Defendants opposition to be filed by January 22, 2019; Plaintiffs reply to be filed by January 29, 2019. Plaintiffs shall file one moving brief of no more than 35 pages which contains three separate sections addressing the alleged violations of Triadou,Ablyazov and the Khrapunovs. Plaintiffs reply brief shall be limited to 15 pages and shall likewise be an omnibus brief. Triadou, Ablyazov and the Khrapunovs may file separate opposition briefs of no more than 20 pages. No sur-replies shall be filed. In light of the remaining fact discovery, the deadline to complete expert discovery is extended to April 26, 2019. Plaintiffs failed to depose Ms. Leila Khrapunova within the discovery deadline set by this Court. Absent a showing of good cause and need, her deposition has been forfeited. The Court will hold a case management conference on January 4, 2019 at 10:00 a.m.in Courtroom 17D, United States Courthouse, 500 Pearl Street, New York, New York. Mr. Ablyazov may appear telephonically at the conference, and the courtroom deputy shall call Mr. Ablyazov at 10:00 a.m. EST on January 4, 2019. An unredacted copy of this Order has been placed under seal. Counsel for Triadou is directed to serve a copy of this Order on Mr. Ablyazovs representative in New York. SO ORDERED. (Case Management Conference set for 1/4/2019 at 10:00 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 11/26/2018) (jca)
December 3, 2018 Opinion or Order Set/Reset Deadlines: Motions due by 1/8/2019, Responses due by 1/22/2019, Replies due by 1/29/2019. (jca)
November 29, 2018 Opinion or Order Filing 900 MEMO ENDORSEMENT on re: #896 Letter filed by City of Almaty, BTA Bank JSC. ENDORSEMENT: SO ORDERED. (Attorney Randall Wade Jackson terminated.) (Signed by Judge Alison J. Nathan on 11/28/2018) (jwh)
November 28, 2018 Opinion or Order Filing 899 LETTER addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 11/28/2018 re: Deposition of L. Khrapunova.. Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit 1 to Triadou Ltr re Khrapunova Depo., #2 Exhibit Ex 2 to Triadou Ltr re Khrapunova Depo., #3 Exhibit 3 to Triadou Ltr re Khrapunova Depo.)(Skakel, Deborah)
November 28, 2018 Opinion or Order Filing 898 MEMO ENDORSEMENT on re: #897 Letter Proposing Briefing Schedule, filed by City of Almaty, BTA Bank JSC. ENDORSEMENT: Application Granted., (Motions due by 1/7/2019., Responses due by 1/23/2019, Replies due by 2/1/2019.) (Signed by Magistrate Judge Katharine H. Parker on 11/28/18) (yv)
November 27, 2018 Opinion or Order Filing 897 LETTER addressed to Magistrate Judge Katharine H. Parker from Peter M. Skinner dated 11/27/2018 re: Proposed Briefing Schedule on Amending the Pleadings. Document filed by BTA Bank JSC, City of Almaty.(Skinner, Peter)
November 27, 2018 Opinion or Order Filing 896 LETTER addressed to Judge Alison J. Nathan from Randall W. Jackson dated November 27, 2018 re: Withdrawal of Counsel. Document filed by BTA Bank JSC, City of Almaty.(Jackson, Randall)
November 27, 2018 Opinion or Order Filing 895 MEMO ENDORSEMENT on re: #889 Letter filed by Herman Cahn. ENDORSEMENT: The parties are hereby ordered to confer with the Monitor about this matter. Within seven days of this order, the parties shall submit a status update explaining their positions on the Monitor's request. The parties may submit a stipulation signed by counsel for both parties in addition to or in lieu of the status update. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/26/2018) (jca)
November 26, 2018 Opinion or Order Filing 894 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Case Management Conference proceeding held on 11/14/2018 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.(vba)
November 26, 2018 Opinion or Order Filing 893 TRANSCRIPT of Proceedings re: Case Management Conference held on 11/14/2018 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/17/2018. Redacted Transcript Deadline set for 12/27/2018. Release of Transcript Restriction set for 2/24/2019.(vba)
November 21, 2018 Opinion or Order Filing 892 ORDER: The case management conference currently scheduled for December 7, 2018 is hereby adjourned to 2:45 p.m. on Friday, February 15, 2019. SO ORDERED. (Case Management Conference set for 2/15/2019 at 02:45 PM before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 11/21/2018) (ne)
November 20, 2018 Opinion or Order Filing 890 LETTER addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 11/20/2018 re: Letter in response to Letter from Matthew L. Schwartz [ECF No. 888] dated November 20, 2018 re: Defendants' motions to compel.. Document filed by Triadou SPV S.A..(Skakel, Deborah)
November 20, 2018 Opinion or Order Filing 889 LETTER addressed to Judge Alison J. Nathan from Herman Cahn dated Nov. 20, 2018 re: Monitorship funds. Document filed by Herman Cahn. (Attachments: #1 Exhibit A, #2 Exhibit B)(Cahn, Herman)
November 20, 2018 Opinion or Order Filing 888 LETTER addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated November 20, 2018 re: Defendants' motions to compel [ECF Nos. 837, 844] and response to Khrapunovs' letter [ECF No. 887]. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
November 18, 2018 Opinion or Order Filing 887 LETTER addressed to Magistrate Judge Katharine H. Parker from Andrew T. Solomon dated November 18, 2018 Document filed by Ilyas Khrapunov, Viktor Khrapunov.(Solomon, Andrew)
November 16, 2018 Opinion or Order Filing 891 ORDER: As the proposed amendment falls within the scope of the referral to Magistrate Judge Parker, see Dkt. No. 287, the parties are hereby ordered to confer and to submit a proposed briefing schedule to Judge Parker on or before November 26, 2018. (As further set forth in this Order.) (Signed by Judge Alison J. Nathan on 11/16/2018) (cf)
November 15, 2018 Opinion or Order Filing 886 LETTER addressed to Judge Alison J. Nathan from Andrew T. Solomon dated November 15, 2018 re: Response to Plaintiff's Letter to the Court dated November 13, 2018 (ECF 882). Document filed by Ilyas Khrapunov, Viktor Khrapunov.(Solomon, Andrew)
November 15, 2018 Opinion or Order Filing 885 LETTER addressed to Judge Alison J. Nathan from Deborah A. Skakel dated November 15,2018 re: In Response to Doc # 882 LETTER addressed to Judge Alison J. Nathan from Matthew L. Schwartz dated 11/13/18 re: Request for Conf. re Amendment of Crossclaims.. Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit 1)(Skakel, Deborah)
November 14, 2018 Opinion or Order Filing 884 Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Case Management Conference held on 11/14/2018: See Transcript for Rulings and Directions. A transcript of this proceeding is available by utilizing the attached order form. (ca) Modified on 11/14/2018 (ca).
November 14, 2018 Opinion or Order Filing 883 SEALED DOCUMENT placed in vault.(mhe)
November 13, 2018 Opinion or Order Filing 882 LETTER addressed to Judge Alison J. Nathan from Matthew L. Schwartz dated 11/13/18 re: Request for Conf. re Amendment of Crossclaims. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Schwartz, Matthew)
November 13, 2018 Opinion or Order Filing 881 ORDER granting #880 Motion to Seal Document. APPLICATION GRANTED: Plaintiffs' pre-motion letter and the annexed exhibit shall be filed under seal. The parties need not do anything further, as the Court will file these documents under seal. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 11/13/2018) (ne) Transmission to Sealed Records Clerk for processing.
November 13, 2018 Opinion or Order Filing 880 LETTER MOTION to Seal Document #879 LETTER MOTION for Local Rule 37.2 Conference and briefing schedule on motion for sanctions addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated November 13, 2018. addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated November 13, 2018. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
November 13, 2018 Opinion or Order Filing 879 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Local Rule 37.2 Conference and briefing schedule on motion for sanctions addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated November 13, 2018. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit A)(Schwartz, Matthew) Modified on 12/20/2018 (ldi).
October 22, 2018 Opinion or Order Filing 878 LETTER RESPONSE to Motion addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 10/22/2018 re: #837 LETTER MOTION for Discovery Related to Fact Witnesses addressed to Magistrate Judge Katharine H. Parker from Andrew T. Solomon dated September 20, 2018., #844 LETTER MOTION to Compel Production of Documents addressed to Magistrate Judge Katharine H. Parker from Dedorah A. Skakel dated 09/21/2018. . Document filed by BTA Bank JSC, City of Almaty. (Schwartz, Matthew)
October 22, 2018 Opinion or Order Filing 877 SEALED DOCUMENT placed in vault.(mhe)
October 19, 2018 Opinion or Order Filing 876 MEMO ENDORSED ORDER granting #875 Motion to Seal Document #874 Reply to Response to Motion., ENDORSEMENT: APPLICATION GRANTED. Triadoou's motion to seal its letter-surreply and exhibit thereto is granted. The parties need not do anything further as the Court will file these documents under seal. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 10/19/2018) (rj) Transmission to Sealed Records Clerk for processing.
October 19, 2018 Opinion or Order Filing 875 LETTER MOTION to Seal Document #874 Reply to Response to Motion, addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated October 19, 2018. Document filed by Triadou SPV S.A..(Skakel, Deborah)
October 19, 2018 Opinion or Order Filing 874 LETTER REPLY to Response to Motion addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated October 19, 2018 re: #844 LETTER MOTION to Compel Production of Documents addressed to Magistrate Judge Katharine H. Parker from Dedorah A. Skakel dated 09/21/2018. . Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit 1)(Skakel, Deborah)
October 18, 2018 Opinion or Order Filing 873 SEALED DOCUMENT placed in vault.(mhe)
October 18, 2018 Opinion or Order Filing 872 MEMO ENDORSEMENT on re: #871 Letter requesting that the Court accept for filing under seal the enclosed letter, filed by Ilyas Khrapunov, Viktor Khrapunov. ENDORSEMENT: APPLICATION GRANTED: The Khrapunovs' request to file their letter response under seal is granted. The parties need not do anything further as the Court will file the letter under seal. So Ordered. (Signed by Magistrate Judge Katharine H. Parker on 10/18/18) (yv) Transmission to Sealed Records Clerk for processing. Modified on 3/13/2019 (yv).
October 17, 2018 Opinion or Order Filing 871 LETTER addressed to Magistrate Judge Katharine H. Parker from Andrew T. Solomon dated October 17, 2018 re: Sealing Request. Document filed by Ilyas Khrapunov, Viktor Khrapunov.(Solomon, Andrew)
October 17, 2018 Opinion or Order Filing 870 LETTER REPLY to Response to Motion addressed to Magistrate Judge Katharine H. Parker from Andrew T. Solomon dated October 17, 2018 re: #837 LETTER MOTION for Discovery Related to Fact Witnesses addressed to Magistrate Judge Katharine H. Parker from Andrew T. Solomon dated September 20, 2018. . Document filed by Ilyas Khrapunov, Viktor Khrapunov. (Attachments: #1 Exhibit A, #2 Exhibit B)(Solomon, Andrew)
October 15, 2018 Opinion or Order Filing 869 SEALED DOCUMENT placed in vault.(mhe)
October 12, 2018 Opinion or Order Filing 868 ORDER granting #860 Motion to Seal Document #864 Reply to Response to Motion, #859 Reply to Response to Motion, ; granting #865 Motion to Seal Document. The Court is in receipt of Defendant Triadou's letter motions to seal its replies in further support of its letter motion to compel (Doc. Nos. 860 and 865), the Kazakh Entities' request to seal its response in opposition to the motions to compel (Doc. No. 862), and the Kazakh Entities' request for the Court to review its response to the motions to compel in camera. All three sealing requests are GRANTED. The parties need not do anything further, as the Court will file these documents under seal. The Court will also review the Kazakh Entities' submission in camera. Both Triadou and the Khrapunovs have moved to strike the Kazakh Entities' letter at ECF No. 861 (Doc. Nos. 863 and 864). The motions to strike are DENIED. Triadou and the Khrapunovs may file sur-replies to the Kazakh Entities' letter by October 19, 2018. The sur-replies shall not exceed five pages. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 10/12/18) (yv)
October 12, 2018 Opinion or Order Transmission to Sealed Records Clerk. Transmitted re: #868 Order on Motion to Seal Document, to the Sealed Records Clerk for the sealing or unsealing of document or case. (yv)
October 10, 2018 Opinion or Order Filing 867 LETTER REPLY to Response to Motion addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 10/10/2018 re: #844 LETTER MOTION to Compel Production of Documents addressed to Magistrate Judge Katharine H. Parker from Dedorah A. Skakel dated 09/21/2018. Reply in Support of Motion to Strike (ECF 864). Document filed by Triadou SPV S.A.. (Skakel, Deborah)
October 10, 2018 Opinion or Order Filing 866 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from Peter M. Skinner dated 10/10/2018 re: #844 LETTER MOTION to Compel Production of Documents addressed to Magistrate Judge Katharine H. Parker from Dedorah A. Skakel dated 09/21/2018. Opposition to Mot. To Strike. Document filed by BTA Bank JSC, City of Almaty. (Skinner, Peter)
October 10, 2018 Opinion or Order Filing 865 LETTER MOTION to Seal Document #864 Reply to Response to Motion, addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated October 10, 2018. Document filed by Triadou SPV S.A..(Skakel, Deborah)
October 10, 2018 Opinion or Order Filing 864 LETTER REPLY to Response to Motion addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 10/10/2018 re: #844 LETTER MOTION to Compel Production of Documents addressed to Magistrate Judge Katharine H. Parker from Dedorah A. Skakel dated 09/21/2018. Letter to Strike ECF # 861 and Exhibits.. Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Skakel, Deborah)
October 10, 2018 Opinion or Order Filing 863 LETTER RESPONSE to Motion addressed to Magistrate Judge Katharine H. Parker from Andrew T. Solomon dated October 10, 2018 re: #837 LETTER MOTION for Discovery Related to Fact Witnesses addressed to Magistrate Judge Katharine H. Parker from Andrew T. Solomon dated September 20, 2018. and Request to Strike the Kazakh Entities' October 9, 2018 Letter. Document filed by Ilyas Khrapunov, Viktor Khrapunov. (Solomon, Andrew)
October 9, 2018 Opinion or Order Filing 862 LETTER addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 10/9/2018 re: Sealing Request. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
October 9, 2018 Opinion or Order Filing 861 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 10/9/2018 re: #837 LETTER MOTION for Discovery Related to Fact Witnesses addressed to Magistrate Judge Katharine H. Parker from Andrew T. Solomon dated September 20, 2018., #844 LETTER MOTION to Compel Production of Documents addressed to Magistrate Judge Katharine H. Parker from Dedorah A. Skakel dated 09/21/2018. . Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15)(Schwartz, Matthew)
October 9, 2018 Opinion or Order Filing 860 LETTER MOTION to Seal Document #859 Reply to Response to Motion, addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 10/09/2018. Document filed by Triadou SPV S.A..(Skakel, Deborah)
October 9, 2018 Opinion or Order Filing 859 LETTER REPLY to Response to Motion addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 10/09/2018 re: #844 LETTER MOTION to Compel Production of Documents addressed to Magistrate Judge Katharine H. Parker from Dedorah A. Skakel dated 09/21/2018. . Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit 1)(Skakel, Deborah)
October 9, 2018 Opinion or Order Filing 858 LETTER addressed to Magistrate Judge Katharine H. Parker from Andrew T. Solomon dated October 9, 2018 re: the Khrapunov's September 20, 2018 Letter Motion (Dkt. 837) and Plaintiffs' October 3, 2018 Letter (Dkt. 856). Document filed by Ilyas Khrapunov, Viktor Khrapunov.(Solomon, Andrew)
October 4, 2018 Opinion or Order Filing 857 LETTER addressed to Magistrate Judge Katharine H. Parker from Dedorah A. Skakel dated 10/04/2018 re: Triadou's Letter-Motion to Compel. Document filed by Triadou SPV S.A..(Skakel, Deborah)
October 3, 2018 Opinion or Order Filing 856 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 10/3/2018 re: #837 LETTER MOTION for Discovery Related to Fact Witnesses addressed to Magistrate Judge Katharine H. Parker from Andrew T. Solomon dated September 20, 2018., #844 LETTER MOTION to Compel Production of Documents addressed to Magistrate Judge Katharine H. Parker from Dedorah A. Skakel dated 09/21/2018. . Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Text of Proposed Order Disclosure Pursuant to F.R.E. 502)(Schwartz, Matthew)
October 2, 2018 Opinion or Order Filing 855 ORDER: In light of the pending discovery matters before Magistrate Judge Katherine H. Parker, the status conference currently scheduled for October 5, 2018 is hereby adjourned to December 7, 2018 at 3:45 p.m. ( Status Conference set for 12/7/2018 at 03:45 PM before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 10/2/2018) (mro)
October 1, 2018 Opinion or Order Filing 854 REPLY AFFIRMATION of Andrew T. Solomon in Support re: #828 MOTION to Dismiss Second Amended Counterclaims (ECF 433). MOTION for Judgment on the Pleadings .. Document filed by Ilyas Khrapunov, Viktor Khrapunov. (Attachments: #1 Exhibit A)(Solomon, Andrew)
October 1, 2018 Opinion or Order Filing 853 REPLY MEMORANDUM OF LAW in Support re: #828 MOTION to Dismiss Second Amended Counterclaims (ECF 433). MOTION for Judgment on the Pleadings . . Document filed by Ilyas Khrapunov, Viktor Khrapunov. (Solomon, Andrew)
September 28, 2018 Opinion or Order LETTERS ROGATORY ISSUED on September 28, 2018, and picked up by Boies, Schiller & Flexner LLP and to be served on the Ministere de la Justice in Paris.(km)
September 24, 2018 Opinion or Order Filing 852 ORDER: The Court is in receipt of Defendant Ablyazov's letter seeking clarification of the Court's September 18, 2018 Order (Doc. No. 842). The parties shall advise the Court by letter as soon as the new date for Ablyazov's deposition in France has been set. Ablyazov is directed to cooperate in facilitating the scheduling of the deposition. The Court is sympathetic to Ablyazov's concerns about travel but expects that his deposition will occur in October. If Ablyazov seeks relief for travel outside of France for his deposition, he must send a letter to this Court no later than October 25, 2018 setting forth the efforts he made to facilitate his deposition in France within the time frame set by this Court, whether a date certain for his deposition can be set in France and any other facts which may constitute good cause for relief from travel outside of France. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 9/24/2018) (rj)
September 24, 2018 Opinion or Order Filing 851 DECLARATION of Peter M. Skinner in Opposition re: #828 MOTION to Dismiss Second Amended Counterclaims (ECF 433). MOTION for Judgment on the Pleadings .. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Skinner, Peter)
September 24, 2018 Opinion or Order Filing 850 MEMORANDUM OF LAW in Opposition re: #828 MOTION to Dismiss Second Amended Counterclaims (ECF 433). MOTION for Judgment on the Pleadings . . Document filed by BTA Bank JSC, City of Almaty. (Skinner, Peter)
September 24, 2018 Opinion or Order Filing 849 ORDER granting #845 Motion to Seal Document. APPLICATION GRANTED: Triadou's letter motion to compel and accompanying exhibits shall be filed under seal. The parties need not do anything further as the Court will seal the documents. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 9/24/2018) (rro) Transmission to Sealed Records Clerk for processing.
September 24, 2018 Opinion or Order Filing 848 MEMO ENDORSEMENT on re: #841 Letter filed by City of Almaty, BTA Bank JSC. ENDORSEMENT: The Kazakh Entities' request that the Court issue the Hague Convention Requests for International Judicial Assistance to the Central Authorities of Switzerland, the United Kingdom, and France, is hereby GRANTED for the reasons stated in the letter. (Signed by Judge Alison J. Nathan on 9/23/2018) (cf) Modified on 1/28/2019 (cf).
September 24, 2018 Opinion or Order Filing 847 SEALED DOCUMENT placed in vault.(rz)
September 24, 2018 Opinion or Order Filing 846 SEALED DOCUMENT placed in vault.(rz)
September 21, 2018 Opinion or Order Filing 845 LETTER MOTION to Seal Document #844 LETTER MOTION to Compel Production of Documents addressed to Magistrate Judge Katharine H. Parker from Dedorah A. Skakel dated 09/21/2018. addressed to Magistrate Judge Katharine H. Parker from Dedorah A. Skakel dated 09/21/2018. Document filed by Triadou SPV S.A..(Skakel, Deborah)
September 21, 2018 Opinion or Order Filing 844 LETTER MOTION to Compel Production of Documents addressed to Magistrate Judge Katharine H. Parker from Dedorah A. Skakel dated 09/21/2018. Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Skakel, Deborah)
September 21, 2018 Opinion or Order Filing 843 MEMO ENDORSEMENT on re: #838 Letter filed by Ilyas Khrapunov, Viktor Khrapunov. ENDORSEMENT: APPLICATION GRANTED: The Khrapunovs' letter motion and exhibits shall be filed under seal. The parties need not do anything further as the Court will file these documents under seal. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 9/21/2018) (rro) Transmission to Sealed Records Clerk for processing.
September 20, 2018 Opinion or Order Filing 842 LETTER addressed to Magistrate Judge Katharine H. Parker from M. Ablyazov, dated 9/19/18 re: (ORDER OF 9/18/18) - Plaintiff seeks clarification regarding the Court's order for him to travel for a deposition outside of France in case the deposition does not happen by 10/31/18 etc. Document filed by Mukhtar Ablyazov.(sc)
September 20, 2018 Opinion or Order Filing 841 LETTER addressed to Judge Alison J. Nathan from Matthew L. Schwartz dated 9/20/2018 re: Amended Hague Request to the French Republic. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit 1)(Schwartz, Matthew)
September 20, 2018 Opinion or Order Filing 840 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Status Conference proceeding held on 9/14/2018 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.(vba)
September 20, 2018 Opinion or Order Filing 839 TRANSCRIPT of Proceedings re: Status Conference held on 9/14/2018 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/11/2018. Redacted Transcript Deadline set for 10/22/2018. Release of Transcript Restriction set for 12/19/2018.(vba)
September 20, 2018 Opinion or Order Filing 838 LETTER addressed to Magistrate Judge Katharine H. Parker from Andrew T. Solomon dated September 20, 2018 re: Request to Seal. Document filed by Ilyas Khrapunov, Viktor Khrapunov.(Solomon, Andrew)
September 20, 2018 Opinion or Order Filing 837 LETTER MOTION for Discovery Related to Fact Witnesses addressed to Magistrate Judge Katharine H. Parker from Andrew T. Solomon dated September 20, 2018. Document filed by Ilyas Khrapunov, Viktor Khrapunov. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit)(Solomon, Andrew)
September 19, 2018 Opinion or Order Filing 836 LETTER addressed to Judge Alison J. Nathan from Le Greffier re: commission rogatoire internationale civile. (cf)
September 18, 2018 Opinion or Order Filing 835 ORDER REGARDING AMENDMENT OF LETTER OF REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE FROM THE MINISTRY OF JUSTICE OF THE FRENCH REPUBLIC (ECF NO. 391), It is hereby ORDERED that the parties will not go forward with the proceeding scheduled for September 20, 2018 in Aix-en-Provence. In addition, it is ORDERED that the Plaintiffs will promptly submit an amended Hague Request to Judge Nathan, so that a new date for Defendant Ablyazov's deposition can be scheduled between October 12, 2018 and October 31, 2018. It is further ORDERED that if Defendant Ablyazov is not deposed in France by October 31, 2018, for any reason, Defendant Ablyazov shall appear for a deposition in the United States or the United Kingdom no later than November 16, 2018. SO ORDERED. (Deposition due by 11/16/2018.) (Signed by Magistrate Judge Katharine H. Parker on 9/18/18) (yv) Modified on 9/18/2018 (yv).
September 17, 2018 Opinion or Order Filing 834 LETTER addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 9/17/2018 re: Deposition of M. Ablyazov. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Text of Proposed Order Regarding M. Ablyazov Deposition)(Schwartz, Matthew)
September 14, 2018 Opinion or Order Filing 833 ORDER: In connection with the status conference on September 14, 2018, counsel for the City of Almaty, Kazahkstan, and BTA Bank JSC (the "Kazakh Entities") are directed to serve a copy of this Order and a transcript from today's proceeding on Mr. Ablyazov. This Order corrects the Court's prior Order at ECF No. 832. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 9/14/2018) (anc) Modified on 9/17/2018 (anc).
September 14, 2018 Opinion or Order Filing 832 ORDER, Mr. Ablyazov's deposition, which is currently scheduled to proceed on September 20, 2018, will be adjourned to a date between October 12, 2018 and October 30, 2018. Counsel for Plaintiffs City of Almaty, Kazakhstan, and BTA Bank JSC (the "Kazakh Entities") will file a proposed order by Monday September 17, 2018 for this Court to sign before Plaintiffs send the order to the Tribunal de Grande Instance to reschedule the deposition. Defendants Triadou SPV S.A. ("Triadou") and Ilyas Khrapunov and Viktor Khrapunov (the "Khrapunovs") are seeking additional discovery based on information learned during the deposition of Felix Sater. By September 20, 2018, the Khapunovs must file a letter-motion addressing their request for additional discovery. Triadou's letter-motion (which shall not exceed 5 pages) on this additional discovery shall be filed by September 21, 2018. The Kazakh Entities' response (which shall not exceed 10 pages) to Triadou's and the Khrapunovs' letter motions shall be filed by October 3, 2018. Triadou's and the Khrapunovs' replies shall be filed by October 10, 2018. The parties are directed to discuss dates with Mr. Sater's counsel to continue his deposition in late October. The Kazakh Entities shall produce their privilege log to Defendants by October 19, 2018. A case management conference is scheduled for Wednesday, November 14, 2018 at 10:00 a.m. in Courtroom 17-D, United States Courthouse, 500 Pearl Street. Mr. Ablyazov may appear telephonically at the conference. Mr. Ablyazov is directed to e-mail a telephone number where he may be reached to the courtroom deputy at Parker_NYSDChambers@nysd.uscourts.gov so that the courtroom deputy may call Mr. Ablyazov during the conference. Counsel for Triadou is directed to serve a copy of this Order and a transcript from today's proceeding on Mr. Ablyazov. SO ORDERED. (Motions due by 10/3/2018., Responses due by 10/3/2018, Replies due by 10/10/2018., Case Management Conference set for 11/14/2018 at 10:00 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 9/14/18) (yv)
September 14, 2018 Opinion or Order Filing 831 Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Status Conference held on 9/14/2018; See Transcript for details. A transcript of this proceeding is available by utilizing the attached order form. (ca)
September 8, 2018 Opinion or Order Filing 830 LETTER MOTION to Seal Document #829 Memorandum of Law in Support of Motion addressed to Judge Alison J. Nathan from Andrew T. Solomon dated September 8, 2018. Document filed by Viktor Khrapunov.(Solomon, Andrew)
September 8, 2018 Opinion or Order Filing 829 MEMORANDUM OF LAW in Support re: #828 MOTION to Dismiss Second Amended Counterclaims (ECF 433). MOTION for Judgment on the Pleadings . . Document filed by Viktor Khrapunov. (Solomon, Andrew)
September 8, 2018 Opinion or Order Filing 828 MOTION to Dismiss Second Amended Counterclaims (ECF 433)., MOTION for Judgment on the Pleadings . Document filed by Viktor Khrapunov.(Solomon, Andrew)
September 6, 2018 Opinion or Order Filing 827 DECLARATION of Viktor Khrapunov re: #800 Order,,,,,,,,,, Certifying Compliance with the Court's Order of July 23, 2018. Document filed by Viktor Khrapunov. (Solomon, Andrew)
August 31, 2018 Opinion or Order Filing 826 MEMO ENDORSEMENT on re: #825 Letter Ablyazov's deposition, filed by Mukhtar Ablyazov. ENDORSEMENT: APPLICATION GRANTED: The deposition shall be conducted on September 20, 2018. Ablyazov's request is otherwise denied; provided, however, Plaintiffs' counsel shall inform its clients that the deposition shall not be used to serve papers on or to effectuate any other type of legal or criminal process with respect to Ablyazov. The deposition shall be conducted for the sole purpose of obtaining information relevant to this action. So Ordered. Counsel for Triadou shall serve a copy of this memo endorsement on Mr. Ablyazov. (Signed by Magistrate Judge Katharine H. Parker on 8/31/18) (yv)
August 29, 2018 Opinion or Order Filing 825 LETTER addressed to Magistrate Judge Katharine H. Parker from Mukhtar Ablyazov, dated 8/29/18 re: DEPOSITION OF MUKHTAR ABLYAZOV IN FRANCE ON 9/20/18. Document filed by Mukhtar Ablyazov.(sc)
August 29, 2018 Opinion or Order Filing 824 ORDER: The parties are directed to refrain from electronically filing their discovery materials with the Court unless and until such materials "are used in the proceeding or the court orders filing...." See Fed. R. Civ. P. 5(d)(1). Mr. Ablyazov must serve his Responses and Objections to Crossclaim Plaintiffs' Second Set of Requests for Admission directly on counsel for the Crossclaim Plaintiffs. The Clerk of Court is respectfully directed to remove ECF No. 822 from the docket in this action. Counsel for Triadou is directed to serve a copy of this Order on pro se Defendant Ablyazov. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 8/29/2018) (ama)
August 29, 2018 Opinion or Order Filing 823 MEMO ENDORSEMENT on NOTICE OF INTENT TO REQUEST REDACTION. ENDORSEMENT: The Court is in receipt of Triadou's proposed redactions. The Court will redact the transcript and substitute the redacted version for the copy currently on ECF (Doc. No. 809). The parties need not do anything further. So Ordered. (Signed by Magistrate Judge Katharine H. Parker on 8/29/18) (yv)
August 29, 2018 Opinion or Order ***STRICKEN DOCUMENT. Deleted document number 822 from the case record. The document was stricken from this case pursuant to #824 Order Striking Document from Record,,. (ama)
August 27, 2018 Opinion or Order Filing 821 MEMO ENDORSEMENT on re: #820 Letter Request to Depose Sater After Fact Discovery, filed by Triadou SPV S.A. ENDORSEMENT: The deposition of Mr. Stater shall take place on September 13, 2018. So Ordered. (Signed by Magistrate Judge Katharine H. Parker on 8/27/18) (yv)
August 27, 2018 Opinion or Order Filing 820 LETTER addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 08/27/18 re: Request to Depose Sater After Fact Discovery. Document filed by Triadou SPV S.A..(Skakel, Deborah)
August 27, 2018 Opinion or Order Filing 819 ORDER granting #818 Letter Motion for Extension of Time to Complete Discovery. Application Granted. (Signed by Magistrate Judge Katharine H. Parker on 8/27/18) (yv)
August 24, 2018 Opinion or Order Filing 818 LETTER MOTION for Extension of Time to Complete Discovery (Expert) addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 08/24/2018. Document filed by Triadou SPV S.A..(Skakel, Deborah)
August 21, 2018 Opinion or Order Filing 817 LETTER addressed to Magistrate Judge Katharine H. Parker from Mukhtar Ablyazov dated 8/20/18 re: Counter-Defendant Mukhtar Ablyazov writes to the Tribunal de grande instance d'Aix-en-Provence to inquire about a request made to France for judicial cooperation in a civil matter under the Hague Convention,seeking his deposition in France for civil proceedings underway in the United States etc. Document filed by Mukhtar Ablyazov.(sc)
August 16, 2018 Opinion or Order Filing 816 ORDER. Ablyazov's request for reconsideration is denied and he is directed to comply with the Court's August 10, 2018 Order and make himself available for a deposition in France. Ablyazov's deadline to file a letter with the Tribunal de Grande Instance per the Court's instructions in the Order is extended to August 20, 2018. All other deadlines in the August 10, 2018 Order remain the same. Counsel for Triadou is directed to serve a copy of this Order on pro se Defendant Ablyazov. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 8/16/18) (yv)
August 15, 2018 Opinion or Order Filing 815 LETTER addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 8/15/2018 re: Opposition to M. Ablyazov 8/13/18 Request for Reconsideration. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
August 14, 2018 Opinion or Order Filing 814 LETTER addressed to Magistrate Judge Katharine H. Parker from M. Ablyazov, dated 8/13/18 re: (DECISION DATED 8 AUGUST 2018) - Defendant Mukhtar Ablyazov informs the Court that he has recently been hacked and under surveillance and so was forced to change his location a few times and had to get new modes of communication etc.; that his lawyer was not aware and sent him information to where he no longer has access; and that is why he was not able to answer the motion. He requests that the Court reconsider the motion. Document filed by Mukhtar Ablyazov.(sc)
August 10, 2018 Opinion or Order Filing 813 ORDER granting #811 Letter Motion to Compel. The Kazakh Entities' motion is GRANTED. It is hereby ORDERED that: By August 17, 2018, Ablyazov shall submit a letter, copying all counsel of record, to the Tribunal de Grande Instance seeking: (a) an explanation of the current status of the Hague Request and any outstanding items that need to be addressed in order to process that request and hold the deposition; and (b) a copy of any summons issued by that tribunal to Ablyazov, or, if no summons has been issued, requesting that one be issued promptly; and (c) requesting that counsel to the Kazakh Entities be copied on any response from the tribunal; By August 24, 2018, Ablyazov shall personally call, or have his counsel call, the Tribunal de Grande Instance to inquire as to the status of the Hague Request and ask what still needs to be done to complete the request and hold the deposition, and to then undertake any additional actions that are required in order to hold the deposition, and request that the deposition be scheduled for a date prior to September 14, 2018; and If a deposition in France cannot be arranged by September 14, 2018, Ablyazovs deposition shall be held the week of September 17, 2018 either in the United Kingdom or New York. Counsel for Triadou is directed to serve a copy of this Order on pro se Defendant Ablyazov. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 8/10/18) (yv)
August 7, 2018 Opinion or Order Filing 812 NOTICE of Intent to Request Redaction by Deborah A. Skakel re #809 Transcript,,.(Skakel, Deborah)
August 1, 2018 Opinion or Order Filing 811 LETTER MOTION to Compel Mukhtar Ablyazov to Produce Documents and Schedule a Depostion addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 8/1/2018. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit 1)(Schwartz, Matthew)
July 31, 2018 Opinion or Order Filing 810 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Case Management Conference proceeding held on 7/23/2018 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.(rro)
July 31, 2018 Opinion or Order Filing 809 TRANSCRIPT of Proceedings re: Case Management Conference held on 7/23/2018 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/21/2018. Redacted Transcript Deadline set for 8/31/2018. Release of Transcript Restriction set for 10/29/2018.(rro)
July 25, 2018 Opinion or Order Filing 808 MEMORANDUM OPINION & ORDER re: #517 MOTION for Reconsideration re; #257 Order, in light of new controlling authority. filed by City of Almaty, BTA Bank JSC. The Kazakh Entities move the Court to reinstate their RICO claims. (As further set forth in this Order.) For the foregoing reasons, the Kazakh Entities' motion for relief is DENIED and the Court declines to reinstate the RICO claims. This resolves Dkt. No. 517. (Signed by Judge Alison J. Nathan on 7/25/218) (cf)
July 25, 2018 Opinion or Order Filing 807 ORDER denying #736 Motion to Dismiss; terminating #739 Motion to Seal Document. Accordingly, the Court hereby DENIES Viktor Khrapunov's renewed motion to dismiss without prejudice to his ability to file a new motion to dismiss after the close of jurisdictional discovery. This Order resolves Dkt. Nos. 736 & 739. (Signed by Judge Alison J. Nathan on 7/25/2018) (ne)
July 25, 2018 Opinion or Order Filing 806 SEALED DOCUMENT placed in vault.(mhe)
July 24, 2018 Opinion or Order Filing 805 ORDER granting #801 Letrer Motion to Seal Document. APPLICATION GRANTED: Non-party Gennady Petelin's request to file his letter response and declaration under seal is GRANTED. The Court will file these documents under seal. So Ordered. (Signed by Magistrate Judge Katharine H. Parker on 7/24/18) (yv)
July 24, 2018 Opinion or Order Filing 804 MEMO ENDORSEMENT on re: #794 Letter seeking to strike Plaintiffs' "Reply in Further Support of Cross-Motion to Compel", filed by Ilyas Khrapunov, Viktor Khrapunov. ENDORSEMENT: The Court notes the arguments raised in Defendants' letter. Having addressed Plaintiffs' cross-motion to compel at yesterday's case management conference, no further action is needed. However, counsel for all parties shall direct discovery motions to Judge Parker in accordance with her Individual Practices. So Ordered. (Signed by Magistrate Judge Katharine H. Parker on 7/24/18) (yv)
July 24, 2018 Opinion or Order Filing 803 ORDER denying #799 Letter Motion to Compel. The deposition of Gennady Petelin shall take place on August 21-22, 2018. Petelin shall complete his production of documents in response to the subpoena duces tecum by no later than August 10, 2018. Petelin must apply to the Court to the extent he seeks relief from these dates. Petelin shall reasonably cooperate with counsel for all parties in this action and make himself available for at least ten and a half hours but no more than fourteen hours of testimony. (HEREBY ORDERED by Magistrate Judge Katharine H. Parker)(Text Only Order) (Parker, Katharine)
July 24, 2018 Opinion or Order Filing 802 LETTER RESPONSE to Motion addressed to Magistrate Judge Katharine H. Parker from Eugene Illovsky dated July 24, 2018 re: #799 EMERGENCY LETTER MOTION to Compel Gennady Petelin to Appear for deposition on July 26 and 27 and produce documents addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated July 23, 2018. . Document filed by Gennady Petelin. (Attachments: #1 Declaration of Gennady Petelin)(Illovsky, Eugene)
July 24, 2018 Opinion or Order Filing 801 LETTER MOTION to Seal Document addressed to Magistrate Judge Katharine H. Parker from Eugene Illovsky dated July 24, 2018. Document filed by Gennady Petelin.(Illovsky, Eugene)
July 23, 2018 Opinion or Order Filing 800 ORDER. Plaintiffs' Cross-Motion to Compel is GRANTED in part and DENIED in part. This Court orders the following: Khrapunov's new counsel shall engage a translator (other than Ilyas Khrapunov) and speak directly to Khrapunov regarding the search he must undertake in response to Plaintiffs' jurisdictional discovery demands. By August 31, 2018, Khrapunov must search for and provide to his counsel via secure electronic means (such as a secure FTP site) his own emails, text messages, Facebook messages and What's App communications with his son, Petelin and Ablyazov for the period 2010 to the present concerning: (1) the creation of Triadou SPV S.A. ("Triadou"); (2) any money invested in or loaned to SDG Capital S.A. ("SDG") or Triadou for purposes of investing in real estate in the United States, (3) the creation of, transfer or loan of money to any of the following entities: Claremont, Sartfield, Northern Seas Waterage, Fairlean, Alkune, Crownway, Speville, Darwin, and Triadou; (4) the Chetrit Group or Felix Satir; (5) any of the U.S. properties in which Triadou invested; and (6) other communications reflecting a knowledge of, or participation in the conspiracy alleged in the Complaint in this action. In connection with this search, Khrapunov must download his own Facebook data. He may do so by utilizing this link: https://www.facebook.com/help/1701730696756992?helpref=hc_global_nav. In connection with this search, Khrapunov must request and download information from What's App. He may do so by utilizing this link:https://faq.whatsapp.com/general/26000110. By August 31, 2018, Khapunov's counsel shall verbally inform counsel for the other parties in this action whether any documents were recovered from the search. By September 14, 2018, Khrapunov must produce an affidavit that identifies the specific email, phone and social media accounts searched (which shall include those identified in his deposition); disclose the search terms or parameters used to search; and identify the number of document hits resulting from the search(es). Khrapunov shall produce responsive documents, if any, by September 14, 2018; provided, however, if the documents are voluminous, Khrapunov may apply for a reasonable extension of time to complete production. If no responsive documents exist,then Khrapunov must attest to such in the above-referenced affidavit. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 7/23/18) (yv)
July 23, 2018 Opinion or Order Filing 799 EMERGENCY LETTER MOTION to Compel Gennady Petelin to Appear for deposition on July 26 and 27 and produce documents addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated July 23, 2018. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
July 23, 2018 Opinion or Order Filing 798 ORDER. Triadou's Motion to compel is GRANTED. Meyer shall re-produce the document by Friday July 27, 2018. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 7/23/18) (yv)
July 23, 2018 Opinion or Order Filing 797 MEMO ENDORSEMENT on re: (751 in 1:15-cv-05345-AJN-KHP) Letter requesting that the Court provide the undersigned with an unredacted copy of Miscellaneous Doc. No. 28, filed June 21, 2018, filed by Ilyas Khrapunov, Viktor Khrapunov. ENDORSEMENT: No objections having been filed, the Khrapunovs' Motion is GRANTED. Plaintiffs' counsel shall provide the Khrapunovs' counsel an unredacted copy of Miscellaneous Docket No. 28 dated June 21, 2018. So Ordered. (Signed by Magistrate Judge Katharine H. Parker on 7/23/18) (yv)
July 23, 2018 Opinion or Order Filing 796 ORDER, A status conference is scheduled in this matter for Friday, September 14, 2018 at 10:00 a.m. in Courtroom 17-D, 500 Pearl Street, New York, New York. Pro se Defendant Ablyazov may participate by phone by calling 212-805-0234 at 10:00 a.m. Counsel for Triadou is directed to serve a copy of this Order on pro se Defendant Ablyazov. SO ORDERED. (Status Conference set for 9/14/2018 at 10:00 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 7/23/18) (yv)
July 23, 2018 Opinion or Order Filing 795 Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Case Management Conference held on 7/23/2018: See transcript for details.A transcript of this proceeding is available by utilizing the attached order form. (ca)
July 23, 2018 Opinion or Order Filing 794 LETTER addressed to Judge Alison J. Nathan from Andrew T. Solomon dated July 23, 2018 re: Plaintiffs' "Reply in Further Support of Cross-Motion to Compel" [ECF 768]. Document filed by Ilyas Khrapunov, Viktor Khrapunov.(Solomon, Andrew)
July 19, 2018 Opinion or Order Filing 793 BRIEF re: Reply in Further Support of Cross-Motion to Compel [ECF No. 768]. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
July 16, 2018 Opinion or Order Filing 792 ORDER, The conference in this matter that is scheduled for Tuesday, July 17, 2018 at 3:00 p.m. in Courtroom 17D, 500 Pearl Street, New York, NY 10007 is hereby adjourned. The Case Management Conference scheduled for Monday, July 23, 2018 at 11:30 a.m. will proceed as scheduled. Pro se Defendant Ablyazov may participate by phone by calling 212-805-0234 at 11:30 a.m. Counsel for Triadou is directed to serve a copy of this Order on pro se Defendant Ablyazov. SO ORDERED. (Case Management Conference set for 7/23/2018 at 11:30 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 7/16/18) (yv)
July 16, 2018 Opinion or Order Filing 791 ORDER granting #785 Letter Motion to Seal Document. APPLICATION GRANTED: Triadou's request to file its letter response under seal. The parties need not do anything further as the Court will file the letter response under seal. (Signed by Magistrate Judge Katharine H. Parker on 7/16/18) (yv)
July 16, 2018 Opinion or Order Filing 790 SEALED DOCUMENT placed in vault.(mhe)
July 16, 2018 Opinion or Order Filing 789 MEMO ENDORSEMENT on re: #786 Letter Updating Regarding Documents Requested from RoK Anti-Corruption Bureau, filed by City of Almaty, BTA Bank JSC. ENDORSEMENT: The Court thanks Plaintiffs for the update and requests an update by August 31, 2018. So Ordered. (Signed by Magistrate Judge Katharine H. Parker on 7/16/18) (yv)
July 16, 2018 Opinion or Order Filing 788 LETTER addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated July 16, 2018 re: July 17, 2018 Case Management Conference. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
July 13, 2018 Opinion or Order Filing 787 ORDER granting in part and denying in part #776 Letter Motion for Discovery. The Court agrees with Triadou that the Attorneys' Eyes Only designation should be lifted so that the parties may sufficiently prepare for the deposition. Accordingly, the deposition of Frank Monstrey shall go forward on July 17 in order to avoid further delays and to ensure that discovery is completed by the deadline that this Court previously extended. Defendants may apply for an additional three hours of deposition time after July 17 to question Monstrey to the extent that Defendants require this extra time because of the volume of documents produced and additional questions raised. Additionally, 4 Plaintiffs must lift the Attorneys' Eyes Only designation, and no documents that Plaintiffs produced in response to the Court's Order of June 28 shall be designated Attorneys' Eyes Only. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 7/13/2018) (rro)
July 13, 2018 Opinion or Order Filing 786 LETTER addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 7/13/2018 re: Update Regarding Documents Requested from RoK Anti-Corruption Bureau. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
July 13, 2018 Opinion or Order Filing 785 LETTER MOTION to Seal Document addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 7/13/18. Document filed by Triadou SPV S.A..(Skakel, Deborah)
July 13, 2018 Opinion or Order Filing 784 LETTER REPLY to Response to Motion addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 7/13/18 re: #776 LETTER MOTION for Discovery Emergency Protective Order to Postpone a Deposition. addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 07/11/2018. . Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit 1)(Skakel, Deborah)
July 13, 2018 Opinion or Order Filing 783 LETTER RESPONSE in Support of Motion addressed to Magistrate Judge Katharine H. Parker from Andrew T. Solomon dated July 13, 2018 re: #776 LETTER MOTION for Discovery Emergency Protective Order to Postpone a Deposition. addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 07/11/2018. . Document filed by Ilyas Khrapunov, Viktor Khrapunov. (Solomon, Andrew)
July 13, 2018 Opinion or Order Filing 782 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from Peter M. Skinner dated July 13, 2018 re: #776 LETTER MOTION for Discovery Emergency Protective Order to Postpone a Deposition. addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 07/11/2018. . Document filed by BTA Bank JSC, City of Almaty. (Skinner, Peter)
July 12, 2018 Opinion or Order Filing 781 REPLY MEMORANDUM OF LAW in Support re: #736 MOTION to Dismiss Plaintiffs' Second Amended Crossclaims. . Document filed by Ilyas Khrapunov, Viktor Khrapunov. (Solomon, Andrew)
July 12, 2018 Opinion or Order Filing 780 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from Peter M. Skinner dated 7/12/2018 re: #776 LETTER MOTION for Discovery Emergency Protective Order to Postpone a Deposition. addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 07/11/2018. . Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit 1)(Skinner, Peter)
July 12, 2018 Opinion or Order Filing 779 SEALED DOCUMENT placed in vault.(rz)
July 12, 2018 Opinion or Order Filing 778 ORDER granting #777 Motion to Seal Document. APPLICATION GRANTED: Triadou's request to file its letter-motion and exhibits under seal is GRANTED. The parties need not do anything further as the Court will file the documents under seal. So Ordered. (Signed by Magistrate Judge Katharine H. Parker on 7/12/18) (yv)
July 11, 2018 Opinion or Order Filing 777 LETTER MOTION to Seal Document addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 07/11/2018. Document filed by Triadou SPV S.A..(Skakel, Deborah)
July 11, 2018 Opinion or Order Filing 776 LETTER MOTION for Discovery Emergency Protective Order to Postpone a Deposition. addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 07/11/2018. Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Skakel, Deborah)
July 10, 2018 Opinion or Order Filing 775 ORDER GRANTING MODIFICATION OF SANCTIONS PAYMENT SCHEDULE. This Court has considered the letter motion filed by Ilyas and Viktor Khrapunov seeking a modification of the sanctions payment schedule (Doc. No. 744), including the supplemental information provided at the Court's direction detailing their financial resources. The Court is satisfied that the Khrapunovs understand their obligation under this Court's sanction order and finds that the proposed payment schedule is reasonable. Accordingly, the sanctions will be paid in four equal installments of $56,253.33, with the first payment to be tendered within seven days and the remaining installments payable on or before October 1, 2018, January 1, 2019 and April 1, 2019 (with 5 business-day grace periods). (Parker, Katharine)
July 9, 2018 Opinion or Order Filing 774 SEALED DOCUMENT placed in vault.(mhe)
July 9, 2018 Opinion or Order Filing 772 SEALED DOCUMENT placed in vault.(mhe)
July 6, 2018 Opinion or Order Filing 771 LETTER addressed to Magistrate Judge Katharine H. Parker from Andrew T. Solomon dated July 6, 2018 re: Response to the Court's Order of June 26, 2018 (ECF 747). Document filed by Ilyas Khrapunov, Viktor Khrapunov.(Solomon, Andrew)
July 5, 2018 Opinion or Order Filing 770 LETTER addressed to Judge Alison J. Nathan from Peter M. Skinner dated 7/5/2018 re: Sealing Request. Document filed by BTA Bank JSC, City of Almaty.(Skinner, Peter)
July 5, 2018 Opinion or Order Filing 769 AFFIRMATION of Peter M. Skinner in Opposition re: #736 MOTION to Dismiss Plaintiffs' Second Amended Crossclaims.. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Skinner, Peter)
July 5, 2018 Opinion or Order Filing 768 MEMORANDUM OF LAW in Opposition re: #736 MOTION to Dismiss Plaintiffs' Second Amended Crossclaims. and Cross-Motion to Compel. Document filed by BTA Bank JSC, City of Almaty. (Skinner, Peter)
July 5, 2018 Opinion or Order Filing 767 ORDER denying #764 Letter Motion for Discovery. Petelin's motion is DENIED. As explained above, this Court already ordered Petelin's compliance with the Subpoena, subject to the limitations set forth in the prior Order (doc. no. 749). In its review of the Subpoena, the Court assessed that the discovery sought by the Kazakh Entities is neither cumulative nor irrelevant. Petelin is therefore improperly attempting to relitigate the issue of his compliance with the Subpoena. To the extent Petelin is requesting reconsideration of the Court's prior Order compelling Petelin's compliance with the Subpoena, Petelin fails to meet the standard for reconsideration. "It is well settled that [motions for reconsideration are] not a vehicle for relitigating old issues, presenting the case under new theories, securing a rehearing on the merits, or otherwise taking a 'second bite at the apple.'" Analytical Surveys, Inc. v. Tonga Partners, L.P., 684 F.3d 36, 52 (2d Cir. 2012) (quoting Sequa Corp. v. GBJ Corp., 156 F.3d 136, 144 (2d Cir. 1998). Rather, "the standard for granting such a motion is strict, and reconsideration will generally be denied unless the moving party can point to controlling decisions or data that the court overlooked." Shrader v. CSX Transp., Inc., 70 F.3d 255, 256-57 (2d Cir. 1995). Petelin does not point to any controlling decisions or data that this Court overlooked when granting the motion to compel. As such, any request for reconsideration of the Order is denied. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 7/5/18) (yv)
July 5, 2018 Opinion or Order Filing 766 ORDER denying #752 Letter Motion to Stay. Defendants' request is DENIED. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 7/5/18) (yv)
July 5, 2018 Opinion or Order Filing 765 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from Peter M. Skinner dated 7/5/2018 re: #764 LETTER MOTION for Discovery Protective Order addressed to Magistrate Judge Katharine H. Parker from Eugene Illovsky dated July 3, 2018. . Document filed by BTA Bank JSC, City of Almaty. (Skinner, Peter)
July 3, 2018 Opinion or Order Filing 764 LETTER MOTION for Discovery Protective Order addressed to Magistrate Judge Katharine H. Parker from Eugene Illovsky dated July 3, 2018. Document filed by Gennady Petelin.(Illovsky, Eugene)
July 3, 2018 Opinion or Order Filing 763 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from Peter M. Skinner dated 7/3/2018 re: #752 LETTER MOTION to Stay of the Court's Order at ECF 748; for Relief from the Court's Orders at ECF 369, 418 and 748; and for Judicial Notice of a Decision Entered in the U.S. District Court for the Northern District of California in Rep . Document filed by BTA Bank JSC, City of Almaty. (Skinner, Peter)
July 3, 2018 Opinion or Order Filing 762 ORDER granting #761 Motion to Seal Document. This Court previously granted Triadou's motion to seal (Doc. No. 760). The parties need not do anything further, as the Court will place the documents under seal. So Ordered. (Signed by Magistrate Judge Katharine H. Parker on 7/3/18) (yv)
July 2, 2018 Opinion or Order Filing 761 LETTER MOTION to Seal Document re; Meyer Motion addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 06/29/2018. Document filed by Triadou SPV S.A..(Skakel, Deborah)
July 2, 2018 Opinion or Order Filing 760 ORDER granting #755 Motion to Seal Document. APPLICATION GRANTED: Triadou's motion to file its letter under seal is granted. The parties need not do anything further, as the Court will file the letter and exhibits under seal. So Ordered. (Signed by Magistrate Judge Katharine H. Parker on 7/2/18) (yv)
July 2, 2018 Opinion or Order Filing 759 MEMO ENDORSEMENT on re: #754 Letter requesting that the Court relieve Triadou of the obligation to serve Meyer with the June 21 Order, filed by Triadou SPV S.A. ENDORSEMENT: Application Granted. (Signed by Magistrate Judge Katharine H. Parker on 7/2/18) (yv)
July 2, 2018 Opinion or Order Filing 758 ORDER denying #753 Letter Motion for Extension of Time. Application Denied. Petelin shall commence production as previously directed. So Ordered. (Signed by Magistrate Judge Katharine H. Parker on 7/2/18) (yv)
June 29, 2018 Opinion or Order Filing 757 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from Peter M. Skinner dated 6/29/2018 re: #753 LETTER MOTION for Extension of Time TO COMPLY WITH ORDER #749 addressed to Magistrate Judge Katharine H. Parker from Eugene Illovsky dated June 29, 2018. . Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Skinner, Peter)
June 29, 2018 Opinion or Order Filing 756 ORDER: This Court is in receipt of Defendants Ilyas and Viktor Khrapunovs' request for an unredacted copy of the Order Concerning Non-Party Subpoena (Doc. No. 751) and letter motion for relief from the Court's Orders and a stay of its Order at Doc. No. 748 (Doc. No. 752.) Any oppositions to the Defendants' requests shall be filed by July 6, 2018. SO ORDERED. (Responses due by 7/6/2018.) (Signed by Magistrate Judge Katharine H. Parker on 6/29/2018) (anc)
June 29, 2018 Opinion or Order Filing 755 LETTER MOTION to Seal Document re: Meyer Motion addressed to Judge Katherine B. Forrest from Deborah A. Skakel dated 06/29/2018. Document filed by Triadou SPV S.A..(Skakel, Deborah)
June 29, 2018 Opinion or Order Filing 754 LETTER addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 06/29/2018 re: Service on Meyer. Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit 1-to Letter, #2 Exhibit 2-to Letter, #3 Exhibit 3-to Letter, #4 Exhibit 4-to Letter, #5 Exhibit 5-to Letter)(Skakel, Deborah)
June 29, 2018 Opinion or Order Filing 753 LETTER MOTION for Extension of Time TO COMPLY WITH ORDER #749 addressed to Magistrate Judge Katharine H. Parker from Eugene Illovsky dated June 29, 2018. Document filed by Gennady Petelin.(Illovsky, Eugene)
June 28, 2018 Opinion or Order Filing 773 ORDER re: #693 Letter requesting the Court's permission to depose, filed by City of Almaty, BTA Bank JSC. Plaintiffs' motion is GRANTED IN PART and DENIED IN PART. Plaintiffs' request to take the depositions of Udovenko and Hudson is DENIED, but their request to take the deposition of Monstrey is GRANTED. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 6/28/18) (yv) Modified on 7/9/2018 (yv).
June 28, 2018 Opinion or Order Filing 752 LETTER MOTION to Stay of the Court's Order at ECF 748; for Relief from the Court's Orders at ECF 369, 418 and 748; and for Judicial Notice of a Decision Entered in the U.S. District Court for the Northern District of California in Republic of Kazakhstan v. Ketebaev, 17-CV-00246-LHK addressed to Magistrate Judge Katharine H. Parker from Andrew T. Solomon dated June 28, 2018. Document filed by Ilyas Khrapunov, Viktor Khrapunov.(Solomon, Andrew)
June 28, 2018 Opinion or Order Filing 751 LETTER addressed to Magistrate Judge Katharine H. Parker from Andrew T. Solomon dated June 28, 2018 Document filed by Ilyas Khrapunov, Viktor Khrapunov.(Solomon, Andrew)
June 27, 2018 Opinion or Order Filing 750 SEALED DOCUMENT placed in vault.(rz)
June 27, 2018 Opinion or Order Filing 748 ORDER: This Court previously ordered Defendants Ilyas and Viktor Khrapunov (the "Khrapunovs") to produce all documents obtained from the Kazaword Website. (Doc. No. 418.) Upon review of the documents, counsel for Plaintiffs, the City of Almaty, Kazakhstan and BTA Bank (the "Kazakh Entities") identified 19 documents that did not appear to have come from the website but were labeled as such and filed a letter with the Court. (Doc. No. 616.) This Court ordered the parties to meet and confer about these documents. (Doc. Nos. 621, 631.) The Khrapunov's former counsel subsequently explained the discrepancies. (Doc. No. 618.) Several of the documents purportedly came from the website but were downloaded by Swiss counsel for Viktor and Leila Khrapunov and for unexplained reasons were not contained in the trove downloaded by Ilyas Khrapunov or his agents. Some of the documents identified by Plaintiffs were in fact produced as part of the trove downloaded by Ilyaz Khrapunov or his agents. A few documents were incorrectly identified as having come from the website, but upon inspection were provided to Ilyas Khrapunov by either Olesya Pavlenko or Rakhat Aliyev. Upon learning of new sources of documents, on May 11, 2018, the Kazakh Entities requested by letter that the Court compel the Khrapunovs to produce documents responsive to their document requests obtained from Pavlenko or Aliyev, as well as documents downloaded by Ilyas Khrapunov or his Swiss counsel from Kazaword. (Doc. No. 669.) As of the date of this Order, counsel for the Khrapunovs has not objected to the request. Accordingly, this Court grants Plaintiffs' request. The Khrapunovs shall produce any additional documents responsive to Plaintiffs' document requests obtained from Pavlenko or Aliyev, as well as documents downloaded by Ilyas Khrapunov or his Swiss counsel from Kazaword. (Signed by Magistrate Judge Katharine H. Parker on 6/27/2018) (mro)
June 26, 2018 Opinion or Order Filing 747 ORDER Concerning Application To Pay Sanctions in Installments. The Court is in receipt of Defendant Viktor and Ilyas Khrapunovs' request to pay Court-ordered sanctions in installments based on financial hardship. The Court has insufficient information to determine whether Defendant's actually cannot afford to pay the sanction. By no later than July 6, the Khrapunovs shall provide sworn statements, with exhibits, detailing their financial resources and sources of income (including, without limitation and as applicable, balances in bank accounts, stocks, mutual funds; income from real property; interest and dividends; gifts; retirement account balances; public assistance benefits; the value of any home or other real estate, automobiles; trust fund balances). The Khrapunovs also shall provide such information for their spouses. To the extent the Khrapunovs or their spouses or any businesses they own are owed money under any loan or other agreement, their affidavits should state the name of the person/entity owing the money and the amount owed to them, their spouses or businesses. The financial affidavits shall also address expenses including any rent or mortgage payments, utilities, home maintenance, food, clothing, transportation, insurance, medical expenses, taxes, credit card or other debt payment, regular expenses for operation of a business, average monthly legal spend over the past year. Such information may be submitted in redacted form on the docket with unredacted information submitted by email to chambers. (Parker, Katharine)
June 26, 2018 Opinion or Order Filing 746 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from Peter M. Skinner dated 6/26/2018 re: #744 LETTER MOTION for Extension of Time to Comply with the Court's April 30, 2018 Order (ECF 628) addressed to Magistrate Judge Katharine H. Parker from Andrew T. Solomon dated June 25, 2018. . Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Skinner, Peter)
June 25, 2018 Opinion or Order Filing 745 ORDER granting #743 LETTER MOTION for Extension of Time to File Information Pursuant to June 11, 2018 Order addressed to Magistrate Judge Katharine H. Parker from Eugene Illovsky dated June 22, 2018. Document filed by Gennady Petelin. APPLICATION GRANTED: The Petelins must provide further instructions to Wells Fargo by June 26, 2018. Wells Fargo must respond to the Subpoena by July 10, 2018. So ordered. (Signed by Magistrate Judge Katharine H. Parker on 6/25/2018) (rjm)
June 25, 2018 Opinion or Order Filing 744 LETTER MOTION for Extension of Time to Comply with the Court's April 30, 2018 Order (ECF 628) addressed to Magistrate Judge Katharine H. Parker from Andrew T. Solomon dated June 25, 2018. Document filed by Ilyas Khrapunov, Viktor Khrapunov.(Solomon, Andrew)
June 22, 2018 Opinion or Order Filing 743 LETTER MOTION for Extension of Time to File Information Pursuant to June 11, 2018 Order addressed to Magistrate Judge Katharine H. Parker from Eugene Illovsky dated June 22, 2018. Document filed by Gennady Petelin.(Illovsky, Eugene)
June 21, 2018 Opinion or Order Filing 749 ORDER CONCERNING NON-PARTY SUBPOENA: Petelin shall produce the documents set forth above within three weeks of the date of this Order. (Signed by Magistrate Judge Katharine H. Parker on 6/21/2018) (mro)
June 21, 2018 Opinion or Order Filing 742 INTERNET CITATION NOTE: Material from decision with Internet citation re: #564 Memorandum & Opinion. (dnh)
June 21, 2018 Opinion or Order Filing 741 ORDER: The Court is in receipt of Defendant Triadou SPV S.A.'s ("Triadou") motion to compel Kevin Meyer to produce a clawed back document. The Court cannot resolve the pending motion without reviewing the document at issue. Mr. Meyer is hereby directed to produce the document to the Court for in camera review by Wednesday, July 11, 2018. Triadou is directed to serve a copy of this Order on Mr. Meyer and on Mr. Meyer's counsel, Mintz & Gold LLP. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 6/21/2018) (ama)
June 20, 2018 Opinion or Order Filing 740 ORDER for #706 Report and Recommendations. Before the Court is Magistrate Judge Katherine H. Parker's Report & Recommendation ("R&R") recommending that the Court deny both Triadou SPY S.A.' s ("Triadou") request for clarification of the Court's Order of Attachment and the City of Almaty, Kazakhstan and BTA Bank's ("Kazakh Entities") request that the Court confirm that certain real property owned by Syracuse Center LLC is covered by the same Order of Attachment and enjoin Triadou's subsidiary from executing a mortgage on the property. See Dkt. No. 706; see also Dkt. Nos. 634 & 647. (As further set forth in this Order.) The parties having filed no objections to the R&R, and the Court finding no clear error therein, the Court adopts the R&R in its entirety. The parties' requests are therefore DENIED. (Signed by Judge Alison J. Nathan on 6/20/2018) (cf)
June 20, 2018 Opinion or Order Filing 739 LETTER MOTION to Seal Document #737 Memorandum of Law in Support of Motion, #738 Affirmation in Support of Motion, addressed to Judge Alison J. Nathan from Andrew T. Solomon dated June 20, 2018. Document filed by Viktor Khrapunov.(Solomon, Andrew)
June 20, 2018 Opinion or Order Filing 738 AFFIRMATION of Andrew T. Solomon in Support re: #736 MOTION to Dismiss Plaintiffs' Second Amended Crossclaims.. Document filed by Viktor Khrapunov. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C (REDACTED), #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G (REDACTED, #8 Exhibit H, #9 Exhibit I, #10 Exhibit K, #11 Exhibit L)(Solomon, Andrew)
June 20, 2018 Opinion or Order Filing 737 MEMORANDUM OF LAW in Support re: #736 MOTION to Dismiss Plaintiffs' Second Amended Crossclaims. (REDACTED). Document filed by Viktor Khrapunov. (Solomon, Andrew)
June 20, 2018 Opinion or Order Filing 736 MOTION to Dismiss Plaintiffs' Second Amended Crossclaims. Document filed by Viktor Khrapunov.(Solomon, Andrew)
June 19, 2018 Opinion or Order Filing 735 ORDER SCHEDULING CASE MANAGEMENT CONFERENCE granting #733 Letter Motion to Adjourn Conference; granting #734 Letter Motion to Adjourn Conference: The Case Management Conference in this matter that is scheduled for Tuesday, June 19, 2018 at 2:00 p.m. in Courtroom 17D, 500 Pearl Street, New York, NY 10007 is hereby rescheduled to Tuesday, July 17, 2018 at 3:00 p.m. (Case Management Conference set for 7/17/2018 at 03:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 6/19/2018) (jwh)
June 18, 2018 Opinion or Order Filing 734 LETTER MOTION to Adjourn Conference {Case Management Conference) addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 06/18/2018. Document filed by Triadou SPV S.A..(Skakel, Deborah)
June 18, 2018 Opinion or Order Filing 733 LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Katharine H. Parker from Andrew T. Solomon dated 06/08/2018. Document filed by Ilyas Khrapunov, Viktor Khrapunov. Return Date set for 6/19/2018 at 02:00 PM.(Solomon, Andrew)
June 18, 2018 Opinion or Order Filing 732 LETTER addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 6/18/2018 re: Request for Clarification re June 19 2018 Conference. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
June 15, 2018 Opinion or Order ***DELETED ENTRY. Deleted entry transmission to sealed records. The entry was incorrectly filed in this case. (yv)
June 15, 2018 Opinion or Order Filing 731 SEALED DOCUMENT placed in vault.(rz)
June 15, 2018 Opinion or Order Filing 730 SEALED DOCUMENT placed in vault.(rz)
June 15, 2018 Opinion or Order Filing 729 MEMO ENDORSEMENT on re: #720 Letter Sealing Request, filed by Triadou SPV S.A. ENDORSEMENT: Application Granted. Triadou's request to file its letter & accompanying exhibits under seal is granted. The parties need not do anything further with respect to this sealing request, as the Court will file the documents under seal. So Ordered. (Signed by Magistrate Judge Katharine H. Parker on 6/15/18) (yv)
June 15, 2018 Opinion or Order Filing 728 MEMO ENDORSEMENT on re: #723 Letter Sealing Request, filed by City of Almaty, BTA Bank JSC. ENDORSEMENT: APPLICATION GRANTED: Plaintiffs' request to file its letter under seal is granted. The parties need not do anything further with respect to this sealing request, as the Court will file the document under seal. So Ordered. (Signed by Magistrate Judge Katharine H. Parker on 6/15/18) (yv)
June 15, 2018 Opinion or Order Filing 727 MEMO ENDORSEMENT on re: #726 Letter Request for Reply Briefing re Additional Depositions, filed by City of Almaty, BTA Bank JSC. ENDORSEMENT: Application Granted. (Signed by Magistrate Judge Katharine H. Parker on 6/15/18) (yv)
June 14, 2018 Opinion or Order Filing 726 LETTER addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 6/14/2018 re: Request for Reply Briefing re Additional Depositions. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
June 14, 2018 Opinion or Order Filing 725 LETTER addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 06/14/2018 re: Objection to Plaintiffs Unauthorized Reply Letter [ECF 722]. Document filed by Triadou SPV S.A..(Skakel, Deborah)
June 14, 2018 Opinion or Order Filing 724 LETTER addressed to Magistrate Judge Katharine H. Parker from Andrew T. Solomon dated June 14, 2018 re: Objection to Plaintiffs' Unauthorized Reply Letter (ECF 722). Document filed by Ilyas Khrapunov, Viktor Khrapunov.(Solomon, Andrew)
June 14, 2018 Opinion or Order Filing 723 LETTER addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 6/14/2018 re: Sealing Request. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
June 14, 2018 Opinion or Order Filing 722 LETTER addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 6/14/2018 re: Reply in Further Support of Request for Additional Depositions. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
June 13, 2018 Opinion or Order Filing 721 LETTER addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 06/13/2018 re: EDPA Transfer. Document filed by Triadou SPV S.A..(Skakel, Deborah)
June 11, 2018 Opinion or Order Filing 720 LETTER addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 6/11/2018 re: Triadou Sealing Request. Document filed by Triadou SPV S.A..(Skakel, Deborah)
June 11, 2018 Opinion or Order Filing 719 LETTER addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 6/11/2018 re: opposing request for additional depositions (ECF 693). Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Skakel, Deborah)
June 11, 2018 Opinion or Order Filing 718 SEALED DOCUMENT placed in vault.(rz)
June 11, 2018 Opinion or Order Filing 717 SEALED DOCUMENT placed in vault.(rz)
June 11, 2018 Opinion or Order Filing 716 SEALED DOCUMENT placed in vault.(rz)
June 11, 2018 Opinion or Order Filing 715 SEALED DOCUMENT placed in vault.(rz)
June 11, 2018 Opinion or Order Filing 714 MEMO ENDORSEMENT on re: #711 Letter asking that the Court direct Petelin to identify the responsive names and corresponding bates ranges for those handwritten records that the parties agree Wells Fargo should produce in addition to the text-searchable hits that Wells Fargo identifieds, filed by City of Almaty, BTA Bank JSC. ENDORSEMENT: APPLICATION GRANTED IN PART: By Wednesday, June 13, 2018, Petelin shall identify the responsive names and corresponding bates ranges for the handwritten records that the parties agree Wells Fargo should produce. So Ordered. (Signed by Magistrate Judge Katharine H. Parker on 6/11/18) (yv)
June 11, 2018 Opinion or Order Filing 713 ORDER. The Court is in receipt of Plaintiffs' request to file the letter-motion requesting de-designation of the confidential deposition transcripts of Ilyas and Viktor Khrapunov (doc. 684) under seal; Plaintiffs' request to file its letter seeking permission to take certain depositions (doc. 693) under seal; Defendant Triadou's request to file its letter concerning the Syracuse property (doc. 699) under seal; and Defendants Khrapunovs' response (doc. 709) to Plaintiffs' letter seeking permission to take certain depositions (doc. 693) under seal. The Court hereby GRANTS these sealing requests. The Court finds that these sealing requests meet the standard for sealing set forth by the Second Circuit. See Bernstein v. Bernstein Litowitz Berger & Grossmann LLP, 814 F.3d 132, 141 (2d Cir. 2016); Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 120 (2d Cir. 2006). The parties need not do anything further with respect to these sealing requests, as the Court will file the documents under seal. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 6/11/18) (yv)
June 11, 2018 Opinion or Order Transmission to Sealed Records Clerk. Transmitted re: #713 Order, to the Sealed Records Clerk for the sealing or unsealing of document or case. (yv)
June 7, 2018 Opinion or Order Filing 712 LETTER addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated June 7, 2018 re: G. Petelin Letter [ECF No. 707] re Supplemental Authority in Support of Motion to Compel Petelin Documents. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
June 7, 2018 Opinion or Order Filing 711 LETTER addressed to Magistrate Judge Katharine H. Parker from Peter M. Skinner dated June 7, 2018 re: Final status update on the Kazakh Entities' subpoena to Wells Fargo and resolution of G. Petelin's objection to the Kazakh Entities' second list of responsive names. Document filed by BTA Bank JSC, City of Almaty.(Skinner, Peter)
June 7, 2018 Opinion or Order Filing 710 LETTER addressed to Magistrate Judge Katharine H. Parker from Andrew T. Solomon dated June 7, 2018 re: Sealing Request. Document filed by Ilyas Khrapunov, Viktor Khrapunov.(Solomon, Andrew)
June 7, 2018 Opinion or Order Filing 709 LETTER addressed to Magistrate Judge Katharine H. Parker from Andrew T. Solomon dated June 7, 2018 re: Response to May 24, 2018 Letter Filed by BTA Bank JSC and City of Almaty (ECF No. 693) and Pursuant to the Court's Order of May 10, 2018 (ECF No. 649). Document filed by Ilyas Khrapunov, Viktor Khrapunov. (Attachments: #1 Exhibit A, #2 Exhibit B)(Solomon, Andrew)
June 7, 2018 Opinion or Order Filing 708 SEALED DOCUMENT placed in vault.(rz)
June 6, 2018 Opinion or Order Filing 707 LETTER addressed to Magistrate Judge Katharine H. Parker from Eugene Illovsky dated June 6, 2018 re: #670 . Document filed by Gennady Petelin. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Illovsky, Eugene)
June 6, 2018 Opinion or Order Filing 705 ENDORSED LETTER addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 6/5/18 re: request that the Court publicly files its May 29 Report and Recommendation in redacted form that tracks the highlighted portions reflected in Exhibit A to this letter. ENDORSEMENT: Application Granted. (Signed by Magistrate Judge Katharine H. Parker on 6/6/18) (yv)
June 4, 2018 Opinion or Order Filing 704 MEMO ENDORSEMENT on re: #703 Letter Alerting the Court to Supplemental Authority re Motion to Compel Petelin Documents, filed by City of Almaty, BTA Bank JSC. ENDORSEMENT: APPLICATION GRANTED: The Court will continue to reserve decision on Petelin's objection to the production of unredacted Wells Fargo records. The Kazakh Entities are directed to provide another update to the Court on the last remaining name in dispute by June 8, 2018. So Ordered. (Signed by Magistrate Judge Katharine H. Parker on 6/4/18) (yv)
June 1, 2018 Opinion or Order Filing 703 LETTER addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 6/1/2018 re: Supplemental Authority re Motion to Compel Petelin Documents. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18)(Schwartz, Matthew)
June 1, 2018 Opinion or Order Filing 702 REPLY MEMORANDUM OF LAW in Support re: #666 MOTION for Judgment on the Pleadings /Partial. . Document filed by Triadou SPV S.A.. (Skakel, Deborah)
June 1, 2018 Opinion or Order Filing 701 ORDER ADJOURNING SETTLEMENT CONFERENCE. The Settlement Status Conference currently scheduled for Wednesday, June 6, 2018 at 10:00 a.m. is hereby adjourned sine die. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 6/1/18) (yv)
June 1, 2018 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Settlement Conference held on 6/1/2018. (ca)
May 29, 2018 Opinion or Order Filing 706 REPORT AND RECOMMENDATIONS. This Court respectfully recommends that the Court deny Triadous request for clarification that the Attachment Order does not apply to the Syracuse Property and deny the Kazakh Entities request for an injunction. Respectfully submitted. (Objections to R&R due by 6/12/2018) (Signed by Magistrate Judge Katharine H. Parker on 5/29/18) (yv)
May 29, 2018 Opinion or Order Filing 700 SEALED DOCUMENT placed in vault.(mps)
May 29, 2018 Opinion or Order Filing 699 LETTER addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 05/29/2018 re: REDACTED Triadou Letter. Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit 1)(Skakel, Deborah)
May 29, 2018 Opinion or Order Filing 698 LETTER addressed to Judge Alison J. Nathan from Deborah A. Skakel dated 05/29/2018 re: Triadou Sealing Request. Document filed by Triadou SPV S.A..(Skakel, Deborah)
May 29, 2018 Opinion or Order Filing 697 MEMO ENDORSEMENT on re: #695 LETTER addressed to Magistrate Judge Katharine H. Parker from Peter M. Skinner dated May 25, 2018 re: Further Status Update on Subpoena to Wells Fargo. Document filed by BTA Bank JSC, City of Almaty. ENDORSEMENT: APPLICATION GRANTED. The Court will continue to reserve decision on Mr. Petelin's objection to the production of unredacted Wells Fargo records. The Kazakh Entities are directed to provide an update to the Court on the last remaining name in dispute by June 1, 2018. So ordered. (Signed by Magistrate Judge Katharine H. Parker on 5/29/2018) (rjm)
May 25, 2018 Opinion or Order Filing 696 MEMORANDUM OF LAW in Opposition re: #666 MOTION for Judgment on the Pleadings /Partial. . Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit A)(Schwartz, Matthew)
May 25, 2018 Opinion or Order Filing 695 LETTER addressed to Magistrate Judge Katharine H. Parker from Peter M. Skinner dated May 25, 2018 re: Further Status Update on Subpoena to Wells Fargo. Document filed by BTA Bank JSC, City of Almaty.(Skinner, Peter)
May 25, 2018 Opinion or Order Filing 694 LETTER addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 5/24/2018 re: Sealing Request. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
May 24, 2018 Opinion or Order Filing 693 LETTER addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 5/24/2018 re: pursuant to the Courts Order of May 10, 2018 [ECF No. 649]. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Schwartz, Matthew)
May 24, 2018 Opinion or Order Filing 692 ORDER denying #684 Letter Motion for Discovery. The Kazakh Entities motion is DENIED. The Kazakh Entities' request to seal its motion and accompanying exhibits, which contain portions of deposition transcripts that have been designated Confidential, is GRANTED. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 5/24/18) (yv)
May 24, 2018 Opinion or Order Filing 691 LETTER addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated May 24,2018 re: Tech Request and Proposed Order. Document filed by Triadou SPV S.A..(Skakel, Deborah)
May 24, 2018 Opinion or Order Filing 690 ORDER granting #689 Letter Motion for Extension of Time. APPLICATION GRANTED: Wells Fargo Bank's time to respond to the Subpoena and Order is hereby extended until two weeks after a list certain is provided to the Bank. So Ordered. (Signed by Magistrate Judge Katharine H. Parker on 5/24/18) (yv)
May 24, 2018 Opinion or Order Transmission to Sealed Records Clerk. Transmitted re: #692 Order on Motion for Discovery, to the Sealed Records Clerk for the sealing or unsealing of document or case. (yv)
May 23, 2018 Opinion or Order Filing 689 LETTER MOTION for Extension of Time of Wells Fargo Bank's time to make its production until two weeks after a list certain is provided to it or confirm the production deadline set forth in the March 23, 2018 order is still in effect addressed to Magistrate Judge Katharine H. Parker from Kenneth C. Rudd dated May 23, 2018. Document filed by Wells Fargo Bank, N.A..(Rudd, Kenneth)
May 23, 2018 Opinion or Order Filing 688 LETTER RESPONSE to Motion addressed to Magistrate Judge Katharine H. Parker from Andrew T. Solomon dated May 23, 2018 re: #684 LETTER MOTION for Discovery re Ilyas and Viktor Khrapunov Deposition Transcripts addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 5/22/2018. . Document filed by Ilyas Khrapunov, Viktor Khrapunov. (Solomon, Andrew)
May 23, 2018 Opinion or Order Filing 687 SEALED DOCUMENT placed in vault.(mps)
May 23, 2018 Opinion or Order Filing 686 SEALED DOCUMENT placed in vault.(mps)
May 22, 2018 Opinion or Order Filing 685 ORDER. The Court grants Plaintiff's request to file the Opposition to the Motion to Withdraw (doc. 651) under seal. The Court also grants counsel for Defendants Khrapunovs' request to file the Reply in Further Support of the Motion to Withdraw (doc. 677) under seal. The parties need not do anything further with respect to these sealing requests, as the Court will file the documents under seal. The Court has reviewed the Declaration of John J. Kenney in camera, and, for the same reasons stated above, grants counsel for Defendants Khrapunovs' request to file that Declaration under seal. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 5/22/18) (yv)
May 22, 2018 Opinion or Order Transmission to Sealed Records Clerk. Transmitted re: #685 Order, to the Sealed Records Clerk for the sealing or unsealing of document or case. (yv)
May 22, 2018 Opinion or Order Filing 684 LETTER MOTION for Discovery re Ilyas and Viktor Khrapunov Deposition Transcripts addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 5/22/2018. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Schwartz, Matthew)
May 22, 2018 Opinion or Order Filing 683 CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY: The substitution of attorney is hereby approved and so ORDERED. Attorney Andrew Todd Solomon for Ilyas Khrapunov, Andrew Todd Solomon for Ilyas Khrapunov, Andrew Todd Solomon for Viktor Khrapunov, Andrew Todd Solomon for Viktor Khrapunov added. Attorney John Joseph Kenney terminated. Motions terminated: #619 MOTION for John J. Kenney to Withdraw as Attorney and Hoguet Newman Regal & Kenney, LLP to withdraw as attorneys of record for Defendants Viktor and Ilyas Khrapunov, filed by Ilyas Khrapunov, Viktor Khrapunov. (Signed by Judge Alison J. Nathan on 5/22/2018) (ap) Modified on 5/24/2018 (ap).
May 21, 2018 Opinion or Order Filing 682 NOTICE of Substitution of Attorney. Old Attorney: John Curley, Hoguet Newman Regal & Kenny, LLP, New Attorney: Andrew T. Solomon, Address: Solomon & Cramer LLP, 1441 Broadway, Suite 6026, New York, NY, USA 10018, 212.884.9102. Document filed by Ilyas Khrapunov, Viktor Khrapunov. (Solomon, Andrew)
May 21, 2018 Opinion or Order Filing 681 MEMO ENDORSEMENT on re: #680 Letter Furthering Status Update on Subpoena to Wells Fargo, filed by City of Almaty, BTA Bank JSC. ENDORSEMENT: The Court thanks counsel for the update. The Kazakh entities should provide another update to the Court by May 25, 2018. So Ordered. (Signed by Magistrate Judge Katharine H. Parker on 5/21/18) (yv) Modified on 5/21/2018 (yv).
May 18, 2018 Opinion or Order Filing 680 LETTER addressed to Magistrate Judge Katharine H. Parker from Peter M. Skinner dated May 18, 2018 re: Further Status Update on Subpoena to Wells Fargo. Document filed by BTA Bank JSC, City of Almaty.(Skinner, Peter)
May 18, 2018 Opinion or Order Filing 679 LETTER addressed to Magistrate Judge Katharine H. Parker from John P. Curley dated May 18, 2018 re: Substitute Counsel. Document filed by Ilyas Khrapunov, Viktor Khrapunov.(Curley, John)
May 16, 2018 Opinion or Order Filing 678 LETTER addressed to Magistrate Judge Katharine H. Parker from Mukhtar Ablyazov, dated 5/15/18 re: Mukhar Ablyazov writes to the Court that he declines to participate at the teleconference set for 5/15/18, because he is traveling within France and will not be able to organize a translator. Document filed by Mukhtar Ablyazov.(sc)
May 15, 2018 Opinion or Order Filing 677 REPLY MEMORANDUM OF LAW in Support re: #619 MOTION for John J. Kenney to Withdraw as Attorney and Hoguet Newman Regal & Kenney, LLP to withdraw as attorneys of record for Defendants Viktor and Ilyas Khrapunov. . Document filed by Ilyas Khrapunov, Viktor Khrapunov. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Kenney, John)
May 15, 2018 Opinion or Order Filing 676 Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Telephone Conference held on 5/15/2018: See transcript for details. A transcript of this proceeding is available by utilizing the attached order form. (ca)
May 14, 2018 Opinion or Order Filing 675 ORDER RESCHEDULING TELEPHONE CONFERENCE: The telephone conference in this matter scheduled for Tuesday, May 15, 2018 at 1:15 p.m. is hereby rescheduled to Tuesday, May 15, 2018 at 12:00 p.m. Counsel for the parties are directed to call Judge Parker's Chambers at the scheduled time with counsel for all parties on the line. Please dial 212-805-0234. Counsel for Triadou is directed to serve a copy of this Order on the pro se Defendant Mukhtar Ablyazov. ( Telephone Conference set for 5/15/2018 at 12:00 PM before Judge Alison J. Nathan.) (Signed by Magistrate Judge Katharine H. Parker on 5/14/2018) (mro)
May 14, 2018 Opinion or Order Filing 674 ORDER granting #673 Letter Motion for Conference. APPLICATION GRANTED: A telephone conference in this matter is scheduled for Tuesday, May 15, 2018 at 1:15 p.m. Counsel for the parties are directed to call Judge Parker's Chambers at the scheduled time with counsel for all parties on the line. Please dial 212-805-0234. Counsel for Triadou is directed to serve a copy of this Order on the pro se Defendant Mukhtar Ablyazov. So Ordered. (Telephone Conference set for 5/15/2018 at 01:15 PM before Magistrate Judge Katharine H. Parker.). (Signed by Magistrate Judge Katharine H. Parker on 5/14/18) (yv)
May 14, 2018 Opinion or Order Filing 673 LETTER MOTION for Conference (Teleconference) addressed to Magistrate Judge Katharine H. Parker from Deborah A, Skakel dated 05/14/2018. Document filed by Triadou SPV S.A..(Skakel, Deborah)
May 14, 2018 Opinion or Order Filing 672 ORDER SCHEDULING CASE MANAGEMENT CONFERENCE, A case management conference is scheduled for Tuesday, June 19, 2018 at 2:00 p.m. in Courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, New York. The parties should be prepared to address the submissions filed at ECF Doc. Nos. 634, 647, and 657. By May 21, 2018, the parties should e-mail unredacted, unsealed versions of the ECF submissions to the Court at Parker_NYSDChambers@nysd.uscourts.gov. SO ORDERED. (Case Management Conference set for 6/19/2018 at 02:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 5/14/18) (yv)
May 11, 2018 Opinion or Order Filing 671 AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Dispositive Motion (i.e., motion requiring a Report and Recommendation). Particular Motion: Dkt. Nos. 634, 647, and 657 or related anticipated motion. Referred to Magistrate Judge Katharine H. Parker. (Signed by Judge Alison J. Nathan on 5/11/2018) (rjm)
May 11, 2018 Opinion or Order Filing 670 LETTER addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 5/11/2018 re: Update re Subpoenas on Gennady Petelin. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit 1)(Schwartz, Matthew)
May 11, 2018 Opinion or Order Filing 669 LETTER addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 5/11/2018 re: Update re Kazaword Documents. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit 1)(Schwartz, Matthew)
May 11, 2018 Opinion or Order Filing 668 AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Dispositive Motion (i.e., motion requiring a Report and Recommendation). Nos 634, 647, and 657 or related anticipated motion. Referred to Magistrate Judge Katharine H. Parker. (Signed by Judge Alison J. Nathan on 5/11/2018) (cf)
May 11, 2018 Opinion or Order Filing 667 MEMORANDUM OF LAW in Support re: #666 MOTION for Judgment on the Pleadings /Partial. . Document filed by Triadou SPV S.A.. (Skakel, Deborah)
May 11, 2018 Opinion or Order Filing 666 MOTION for Judgment on the Pleadings /Partial. Document filed by Triadou SPV S.A..(Skakel, Deborah)
May 11, 2018 Opinion or Order Filing 665 ORDER: In the past week, Defendant Triadou and the Plaintiffs (the "Kazakh Entities") have written the Court about an anticipated mortgage on a property in Syracuse, New York. See Dkt. Nos. 634, 647, 657. It is unclear the exact application that either party makes to the Court. To the extent the letters constitute a motion, or if a motion for an injunction is intended, the Court refers the matter to Magistrate Judge Parker for a Report and Recommendation by separate order. SO ORDERED. (Signed by Judge Alison J. Nathan on 5/11/2018) (ama)
May 11, 2018 Opinion or Order Filing 664 MEMO ENDORSEMENT on re: #652 Letter Update re RoK Anti-Corruption Bureau Request, filed by City of Almaty, BTA Bank JSC. ENDORSEMENT: The Court thanks Plaintiffs for the update and requests a further update on this issue by July 13, 2018. So Ordered. (Signed by Magistrate Judge Katharine H. Parker on 5/11/18) (yv)
May 11, 2018 Opinion or Order Filing 663 MEMO ENDORSEMENT on re: #658 Letter for an Extension of Time, filed by Ilyas Khrapunov, Viktor Khrapunov. ENDORSEMENT: APPLICATION GRANTED: Counsel for the Khrapunovs may file a reply submission in further support of the motion to withdraw by May 15, 2018. So Ordered., (Replies due by 5/15/2018.) (Signed by Magistrate Judge Katharine H. Parker on 5/11/18) (yv)
May 11, 2018 Opinion or Order Filing 662 SEALED DOCUMENT placed in vault.(rz)
May 11, 2018 Opinion or Order Filing 661 SEALED DOCUMENT placed in vault.(rz)
May 11, 2018 Opinion or Order Filing 660 ORDER: In light of the extension of the discovery schedule in the above-captioned matter ordered by Magistrate Judge Katherine H. Parker on May 10, 2018, Dkt. No. 649, the status conference currently scheduled for May 25, 2018 is adjourned to October 5, 2018 at 3 P.M. (Status Conference set for 10/5/2018 at 03:00 PM before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 5/11/2018) (cf)
May 11, 2018 Opinion or Order Filing 659 MEMO ENDORSEMENT on re: #656 Letter filed by Triadou SPV S.A. ENDORSEMENT: For the reasons stated below, the Court GRANTS Triadou's request and will file the unredacted letter and exhibits under SEAL. (Signed by Judge Alison J. Nathan on 5/11/2018) (cf)
May 11, 2018 Opinion or Order Filing 658 LETTER addressed to Magistrate Judge Katharine H. Parker from John P. Curley dated May 11, 2018 re: Extension of Time. Document filed by Ilyas Khrapunov, Viktor Khrapunov.(Curley, John)
May 11, 2018 Opinion or Order Transmission to Sealed Records Clerk. Transmitted re: #659 Memo Endorsement to the Sealed Records Clerk for the sealing or unsealing of document or case. (cf)
May 10, 2018 Opinion or Order Filing 657 LETTER addressed to Judge Alison J. Nathan from Deborah A. Skakel dated 05/10/2018 re: Response to Almaty/BTA Letter [ECF 647] regarding Syracuse Real Property. Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit 14, #2 Exhibit 15, #3 Exhibit 16, #4 Exhibit 17, #5 Exhibit 18, #6 Exhibit 19)(Skakel, Deborah)
May 10, 2018 Opinion or Order Filing 656 LETTER addressed to Judge Alison J. Nathan from Deborah A. Skakel dated 05/10/2018 re: Request to Seal. Document filed by Triadou SPV S.A..(Skakel, Deborah)
May 10, 2018 Opinion or Order Filing 655 LETTER addressed to Magistrate Judge Katharine H. Parker from Peter M. Skinner dated May 10, 2018 re: Notice of the Order from the United States District Court for the Central District of California transferring to the Southern District of New York the Kazakh Entities' motion to compel Gennady Petelin to comply with third-party subpoenas. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit Transfer Order)(Skinner, Peter)
May 10, 2018 Opinion or Order Filing 654 MEMO ENDORSEMENT on re: #633 Letter filed by Triadou SPV S.A. ENDORSEMENT: For the reasons stated below, the Court GRANTS Triadou's request and will file under SEAL the unredacted letter and exhibits. SO ORDERED. (Signed by Judge Alison J. Nathan on 5/10/2018) (anc)
May 10, 2018 Opinion or Order Filing 653 MEMO ENDORSEMENT on re: #648 Letter filed by City of Almaty, BTA Bank JSC. ENDORSEMENT: For the reasons stated below, the Court GRANTS the Kazakh Entities' request and will file under SEAL the unredacted letter and exhibits. SO ORDERED. (Signed by Judge Alison J. Nathan on 5/10/2018) (anc)
May 10, 2018 Opinion or Order Filing 652 LETTER addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 5/10/2018 re: Update re RoK Anti-Corruption Bureau Request. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
May 10, 2018 Opinion or Order Filing 651 LETTER addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 5/10/2018 re: Cover Letter re Sealing. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
May 10, 2018 Opinion or Order Filing 650 RESPONSE in Opposition to Motion re: #619 MOTION for John J. Kenney to Withdraw as Attorney and Hoguet Newman Regal & Kenney, LLP to withdraw as attorneys of record for Defendants Viktor and Ilyas Khrapunov. . Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit 1)(Schwartz, Matthew)
May 10, 2018 Opinion or Order Filing 649 DISCOVERY ORDER granting in part and denying in part #639 Letter Motion for Extension of Time to Complete Discovery. The Court extends the discovery schedule as follows: Fact discovery is extended to August 31, 2018; however, the depositions of Ablyazovand Khrapunova may be taken anytime up to October 31, 2018. Expert discovery is extended to October 31, 2018. Requests to admit and contention interrogatories, if any, shall be due by August 31, 2018. The parties are limited to the specific discovery approved in this Order; provided, however, the Court will permit Plaintiffs to file a letter explaining why the depositions of the unnamed witness, Udovenko and Hudson are relevant and proportional to the needs of the case considering the factors set forth in Rule 26(b)(1). Such letter must be filed by May 24, 2018. To the extent Defendants or the non-parties object to such depositions, they may file a responsive letter setting forth the legal and factual grounds for their objections by June 7, 2018. The Court will hold a case management conference on July 23, 2018 at 11:30 a.m. in Courtroom 17-D. Pro se Defendant Ablyazov may participate by phone by calling 212-805-0234 at 11:30 a.m. SO ORDERED. (Deposition due by 10/31/2018.) (Signed by Magistrate Judge Katharine H. Parker on 5/10/18) (yv) Modified on 5/10/2018 (yv).
May 10, 2018 Opinion or Order Set/Reset Deadlines: (Expert Discovery due by 10/31/2018., Fact Discovery due by 8/31/2018.), Set/Reset Hearings: (Case Management Conference set for 7/23/2018 at 11:30 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (yv)
May 10, 2018 Opinion or Order Transmission to Sealed Records Clerk. Transmitted re: #653 Memo Endorsement to the Sealed Records Clerk for the sealing or unsealing of document or case. (anc)
May 10, 2018 Opinion or Order Transmission to Sealed Records Clerk. Transmitted re: #654 Memo Endorsement to the Sealed Records Clerk for the sealing or unsealing of document or case. (anc)
May 9, 2018 Opinion or Order Filing 648 LETTER addressed to Judge Alison J. Nathan from Matthew L. Schwartz dated 5/9/2018 re: Request to File Under Seal. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
May 9, 2018 Opinion or Order Filing 647 LETTER addressed to Judge Alison J. Nathan from Matthew L. Schwartz dated 5/9/2018 re: Response to Triadou SPV SA Letter re Syracuse Real Property. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Schwartz, Matthew)
May 9, 2018 Opinion or Order Filing 646 LETTER addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 05/09/2018 re: Response to ECF # 644 and in Further support of Triadou's letter- request for 30 Day Extension.. Document filed by Triadou SPV S.A..(Skakel, Deborah)
May 8, 2018 Opinion or Order Filing 645 MEMO ENDORSEMENT on re: #643 LETTER addressed to Magistrate Judge Katharine H. Parker from Peter M. Skinner dated May 8, 2018 re: Further Status Update on Subpoena to Wells Fargo. Document filed by BTA Bank JSC, City of Almaty. ENDORSEMENT: APPLICATION GRANTED: The Court will continue to reserve decision on the objection to Wells Fargo's production of unredacted records. The Kazakh Entities are directed to provide an update to the Court by May 18, 2018. So ordered. (Signed by Magistrate Judge Katharine H. Parker on 5/8/2018) (rjm)
May 8, 2018 Opinion or Order Filing 644 LETTER REPLY to Response to Motion addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 5/8/2018 re: #639 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 5/7/2018. . Document filed by BTA Bank JSC, City of Almaty. (Schwartz, Matthew)
May 8, 2018 Opinion or Order Filing 643 LETTER addressed to Magistrate Judge Katharine H. Parker from Peter M. Skinner dated May 8, 2018 re: Further Status Update on Subpoena to Wells Fargo. Document filed by BTA Bank JSC, City of Almaty.(Skinner, Peter)
May 8, 2018 Opinion or Order Filing 642 ORDER SCHEDULING SETTLEMENT CONFERENCE, A settlement conference to discuss a possible resolution between Plaintiffs and Ilyas and Viktor Khrapunov is scheduled for Wednesday, June 6, 2018 at 10:00 a.m. in Courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, New York. The Khrapunovs are excused from attendance in accordance with Swiss law, but shall discuss their settlement position with their counsel in advance of the conference and be available to consult with their counsel by phone on the day of the conference. The parties are instructed to complete the Settlement Conference Summary Report and prepare pre-conference submissions in accordance with the Judge Parker's Individual Rules of Practice to the extent they have not done so already. Any initial or updated pre-conference submissions must be received by the Court no later than Wednesday, May 30, 2018 by 5:00 p.m. SO ORDERED. (Settlement Conference set for 6/6/2018 at 10:00 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 5/8/18) (yv)
May 8, 2018 Opinion or Order Filing 641 MEMO ENDORSEMENT on re: #636 Letter filed by City of Almaty, BTA Bank JSC. ENDORSEMENT: SO ORDERED. (Signed by Judge Alison J. Nathan on 5/8/2018) (mml)
May 8, 2018 Opinion or Order Filing 640 LETTER RESPONSE to Motion addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 05/08/2018 re: #639 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 5/7/2018. . Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Skakel, Deborah)
May 7, 2018 Opinion or Order Filing 639 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 5/7/2018. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
May 7, 2018 Opinion or Order Filing 638 LETTER addressed to Judge Alison J. Nathan from Deborah A. Skakel dated May 7,2018 re: In Response to Letter to the Court by The City of Almaty and BTA Bank.. Document filed by Triadou SPV S.A..(Skakel, Deborah)
May 7, 2018 Opinion or Order Filing 637 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #638)- LETTER MOTION for Extension of Time to File Response/Reply as to #636 Letter addressed to Judge Alison J. Nathan from Deborah A. Skakel dated May 7,2018. Document filed by Triadou SPV S.A..(Skakel, Deborah) Modified on 5/8/2018 (ldi).
May 7, 2018 Opinion or Order Filing 636 LETTER addressed to Judge Alison J. Nathan from Matthew L. Schwartz dated 5/7/2018 re: Extension of Time To Respond to Letter of May 4, 2018 from Triadou SPV S.A.. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
May 7, 2018 Opinion or Order Filing 635 ORDER SCHEDULING SETTLEMENT CONFERENCE, A settlement conference to discuss a possible resolution between Plaintiffs and Defendant Triadou SPV S.A. is scheduled for Friday, June 1, 2018 at 10:00 a.m. in Courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, New York. The parties are instructed to complete the Settlement Conference Summary Report and prepare pre-conference submissions in accordance with the Judge Parker's Individual Rules of Practice to the extent they have not done so already. Any updated pre-conference submissions must be received by the Court no later than Friday, May 25, 2018 by 5:00 p.m. Because this Court authorized Triadou's representatives to participate by phone, counsel for Triadou shall file an applicable application with the Court to bring electronic devices to the settlement conference. SO ORDERED. (Settlement Conference set for 6/1/2018 at 10:00 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 5/7/18) (yv)
May 7, 2018 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Telephone Conference held on 5/7/2018. (ca)
May 4, 2018 Opinion or Order Filing 634 LETTER addressed to Judge Alison J. Nathan from Deborah A. Skakel dated 05/04/2018 re: Syracuse Real Property. Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(Skakel, Deborah)
May 4, 2018 Opinion or Order Filing 633 LETTER addressed to Judge Alison J. Nathan from Deborah A. Skakel dated 05/04/2018 re: Request to Seal. Document filed by Triadou SPV S.A..(Skakel, Deborah)
May 4, 2018 Opinion or Order Filing 632 MUKHTAR ABLYAZOV'S ANSWER TO THE SECOND AMENDED CROSSCLAIMS; re: to #433 Amended Crossclaim. Document filed by Mukhtar Ablyazov. (Attachments: #1 main document, #2 main document)(sc)
May 4, 2018 Opinion or Order Filing 631 MEMO ENDORSEMENT on re: #630 Letter filed by Ilyas Khrapunov, Viktor Khrapunov. ENDORSEMENT: APPLICATION GRANTED: The parties' joint letter regarding the Kazaword documents shall be filed on or before May 11, 2018. (Signed by Magistrate Judge Katharine H. Parker on 5/4/2018) (mro)
May 4, 2018 Opinion or Order Filing 630 LETTER addressed to Magistrate Judge Katharine H. Parker from John J. Kenney dated May 4, 2018 re: Request for Extension of Time. Document filed by Ilyas Khrapunov, Viktor Khrapunov.(Kenney, John)
April 30, 2018 Opinion or Order Filing 629 ENDORSED LETTER addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 4/18/18 re: Counsel writes to respectfully request a one-week adjournment of the conference, to the following Monday, May 14, 2018, in order to accommodate my clients' travel schedules. ENDORSEMENT: Request for adjournment is GRANTED. Counsel for the represented parties and Pro-se parties shall call the court at 10:00 a.m. on Monday, May 7, 2018 to discuss alternative dates for a Settlement Conference. The parties shall be prepared to discuss availability on June 1 or 6, 2018. Please call (866) 434-5269, Access Code: 4858267 at the scheduled time. Counsel for the plaintiff shall serve a copy of this order on the Pro-se defendant Mukhtar Ablyazov. ( Telephone Conference set for 5/7/2018 at 10:00 AM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 4/30/2018) (mro)
April 30, 2018 Opinion or Order Filing 628 ORDER: Accordingly, the Court awards Plaintiffs attorneys' fees in the amount of $221,953 and costs in the amount of $3,060.30. The Khrapunovs shall pay this amount to Plaintiffs as a sanction for violating the protective order in this case. (Signed by Magistrate Judge Katharine H. Parker on 4/30/2018) (mro)
April 30, 2018 Opinion or Order Filing 627 LETTER addressed to Magistrate Judge Katharine H. Parker from John P. Curley dated April 30, 2018 re: May 7, 2018 Settlement Conference. Document filed by Ilyas Khrapunov, Viktor Khrapunov.(Curley, John)
April 26, 2018 Opinion or Order Filing 626 DECLARATION of Allison N. Angel in Support re: #623 Order, Set Deadlines,,,,. Document filed by Ilyas Khrapunov, Viktor Khrapunov. (Kenney, John)
April 26, 2018 Opinion or Order Filing 625 MEMO ENDORSEMENT on re: #624 Letter Further Providing a Status Update on Subpoenas to Wells Fargo, filed by City of Almaty, BTA Bank JSC. ENDORSEMENT: APPLICATION GRANTED: The Court will continue to reserve decision on the objections to Wells Fargo's production of unredacted records. The parties are directed to provide an update to the Court by May 8, 2018. Wells Fargo's time to respond to the subpoena and produce additional documents is extended through May 18, 2018. So Ordered. (Signed by Magistrate Judge Katharine H. Parker on 4/26/18) (yv)
April 25, 2018 Opinion or Order Filing 624 LETTER addressed to Magistrate Judge Katharine H. Parker from Peter Skinner dated 4/25/2018 re: Further Status Update on Subpoenas to Wells Fargo. Document filed by BTA Bank JSC, City of Almaty.(Skinner, Peter)
April 23, 2018 Opinion or Order Filing 623 ORDER: The Court is in receipt of the Motion to Withdraw as Counsel (Doc. No. 619) filed by John J. Kenney of Hoguet Newman Regal & Kenney, LLP, counsel for Defendants Viktor and Ilyas Khrapunov (the "Khrapunovs"). The Khrapunovs and all other parties have until May 11, 2018 to object to the motion. Counsel for the Khrapunovs shall serve a copy of this Order on the Khrapunovs and file an affidavit of service of same with the Court. SO ORDERED. (Responses due by 5/11/2018.) (Signed by Magistrate Judge Katharine H. Parker on 4/23/2018) (mml)
April 23, 2018 Opinion or Order Filing 622 SEALED DOCUMENT placed in vault.(mps)
April 20, 2018 Opinion or Order Filing 621 ORDER denying without prejudice #616 Letter Motion to Compel. The Court denies Plaintiff's motion to compel (Doc. No. 616) without prejudice. The parties are directed to meet and confer regarding any discovery issues with the documents allegedly obtained from Kazaword. The parties are further directed to file a joint letter to the Court by May 4, 2018 advising the Court on whether issues remain with respect to the Kazaword documents that require resolution by the Court. The Court grants Plaintiff's request to file under seal the letter and corresponding accompanying exhibits at Document Number 617. The parties need not do anything further with respect to these sealing requests, as the Court will file the documents under seal. The Clerk is respectfully directed to terminate Docket Number 616. (Signed by Magistrate Judge Katharine H. Parker on 4/20/2018) (mro)
April 20, 2018 Opinion or Order Filing 620 DECLARATION of John J. Kenney in Support re: #619 MOTION for John J. Kenney to Withdraw as Attorney and Hoguet Newman Regal & Kenney, LLP to withdraw as attorneys of record for Defendants Viktor and Ilyas Khrapunov.. Document filed by Ilyas Khrapunov, Viktor Khrapunov. (Attachments: #1 Text of Proposed Order To Withdraw as Counsel to Defendants Viktor and Ilyas Khrapunov)(Kenney, John)
April 20, 2018 Opinion or Order Filing 619 MOTION for John J. Kenney to Withdraw as Attorney and Hoguet Newman Regal & Kenney, LLP to withdraw as attorneys of record for Defendants Viktor and Ilyas Khrapunov. Document filed by Ilyas Khrapunov, Viktor Khrapunov.(Kenney, John)
April 19, 2018 Opinion or Order Filing 618 LETTER RESPONSE to Motion addressed to Magistrate Judge Katharine H. Parker from John J. Kenney dated April 19, 2018 re: #616 LETTER MOTION to Compel Viktor & Ilyas Khrapunov to disclose Sources of Hacked Documents addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 4/18/2018. . Document filed by Ilyas Khrapunov, Viktor Khrapunov. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kenney, John)
April 18, 2018 Opinion or Order Filing 617 LETTER addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 4/18/2018 re: Sealing of Hacked Documents Letter-Motion to Compel. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
April 18, 2018 Opinion or Order Filing 616 LETTER MOTION to Compel Viktor & Ilyas Khrapunov to disclose Sources of Hacked Documents addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 4/18/2018. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Appendix A, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6)(Schwartz, Matthew)
April 13, 2018 Opinion or Order Filing 615 MEMO ENDORSEMENT: on re: #611 Letter filed by Mukhtar Ablyazov. ( I respectfully ask the court for an additional 3 weeks to respond). ENDORSEMENT: SO ORDERED. (Signed by Judge Alison J. Nathan on 4/12/2018) (ama)
April 12, 2018 Opinion or Order Filing 614 MEMO ENDORSEMENT on re: #613 Letter Status Update Regarding Subpoenas to Wells Fargo, filed by City of Almaty, BTA Bank JSC. ENDORSEMENT: APPLICATION GRANTED: The Court will reserve decision on Mr. Petelin's objection to Wells Fargo's production of unredacted documents. The parties are directed to provide a status update to the Court on April 25, 2018. So Ordered. (Signed by Magistrate Judge Katharine H. Parker on 4/12/18) (yv)
April 11, 2018 Opinion or Order Filing 613 LETTER addressed to Magistrate Judge Katharine H. Parker from Peter Skinner dated 4/11/2018 re: Status Update Regarding Subpoenas to Wells Fargo. Document filed by BTA Bank JSC, City of Almaty.(Skinner, Peter)
April 11, 2018 Opinion or Order Filing 612 NOTICE of Intent to Request Redaction by Eugene Gabriel Illovsky re #603 Transcript,,.(Illovsky, Eugene)
April 11, 2018 Opinion or Order Filing 611 LETTER addressed to Judge Alison J. Nathan from M. Ablyazov, dated 4/9/18 re: Counterdefendant Mukhtar Ablyazov requests that the Court grant an extension of 3 weeks to respond to the Amended Complaint, which will require time for translations. Document filed by Mukhtar Ablyazov.(sc)
April 10, 2018 Opinion or Order Filing 610 LETTER addressed to Judge Alison J. Nathan from Peter Skinner dated 4/10/2018 re: Response to April 4, 2018 letter from Triadou SPV S.A. regarding Supplemental Authority. Document filed by BTA Bank JSC, City of Almaty.(Skinner, Peter)
April 10, 2018 Opinion or Order Filing 609 ANSWER to #433 Amended Crossclaim,. Document filed by Ilyas Khrapunov, Viktor Khrapunov.(Kenney, John)
April 6, 2018 Opinion or Order Filing 608 REPLY MEMORANDUM OF LAW in Support re: #453 LETTER MOTION for Conference and Evidentiary Hearing, and in Opposition to Motion to De-Designate Confidential Testimony addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 11/30/17. Reply In Further Support Of The Kazakh Entities' Application For Fees #574 . Document filed by BTA Bank JSC, City of Almaty. (Schwartz, Matthew)
April 5, 2018 Opinion or Order Filing 607 MEMO ENDORSEMENT: on re: #602 Letter, filed by Triadou SPV S.A. ENDORSEMENT: As Triadou notes below, the March 27 Order was issued in response to motions submitted by the Individual Defendants. The Order does not address Triadou, nor did Triadou seek to join the Individual Defendants' motions. Accordingly, to the extent Triadou needs "clarification" as to the scope of the Order, it dismisses the claims against the Individual Defendants only. (Signed by Judge Alison J. Nathan on 4/5/2018) (ap)
April 4, 2018 Opinion or Order Filing 606 LETTER addressed to Judge Alison J. Nathan from Deborah A. Skakel dated 04/04/2018 re: Supplemental Authority. Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit Ex A to Letter of Supplemental Authority)(Skakel, Deborah)
April 4, 2018 Opinion or Order Filing 605 LETTER addressed to Judge Alison J. Nathan from Peter M. Skinner dated April 4, 2018 re: LETTER addressed to Judge Alison J. Nathan from Deborah A. Skakel dated 04/02/2018 seeking Clarification of the Court's March 27, 2018 Memorandum Opinion and Order (ECF No. 602). Document filed by BTA Bank JSC, City of Almaty.(Skinner, Peter)
April 4, 2018 Opinion or Order Filing 604 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Discovery Hearing proceeding held on 03/28/2018 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.(mhe)
April 4, 2018 Opinion or Order Filing 603 TRANSCRIPT of Proceedings re: Telephone Discovery Hearing held on 3/28/2018 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/25/2018. Redacted Transcript Deadline set for 5/7/2018. Release of Transcript Restriction set for 7/3/2018.(mhe)
April 2, 2018 Opinion or Order Filing 602 LETTER addressed to Judge Alison J. Nathan from Deborah A. Skakel dated 04/02/2018 re: Clarification of the Court's March 27, 2018 Memorandum Opinion and Order dismissing the claims of the City of Almaty and BTA Bank.. Document filed by Triadou SPV S.A..(Skakel, Deborah)
April 2, 2018 Opinion or Order Filing 601 SEALED DOCUMENT placed in vault.(rz)
March 30, 2018 Opinion or Order Filing 600 MEMORANDUM OF LAW in Opposition re: #453 LETTER MOTION for Conference and Evidentiary Hearing, and in Opposition to Motion to De-Designate Confidential Testimony addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 11/30/17. Memorandum of Law in Partial Opposition to Fee Application #574 . Document filed by Ilyas Khrapunov, Viktor Khrapunov. (Kenney, John)
March 29, 2018 Opinion or Order Filing 599 ORDER: granting #594 Motion to Seal Document. Application Granted. (Signed by Magistrate Judge Katharine H. Parker on 3/29/2018) (ama)
March 29, 2018 Opinion or Order Filing 598 ORDER: granting #595 Motion to Seal Document. Application Granted. (Signed by Magistrate Judge Katharine H. Parker on 3/29/2018) (ama)
March 29, 2018 Opinion or Order Filing 597 ORDER denying without prejudice #578 Letter Motion to Compel. Triadou's motion to compel is DENIED without prejudice to refiling in the district where compliance with the subpoena is required. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 3/23/18) (yv)
March 29, 2018 Opinion or Order Filing 596 SEALED DOCUMENT placed in vault.(mps)
March 29, 2018 Opinion or Order Filing 595 LETTER MOTION to Seal Document #589 Response to Motion, (Triadou's Reply Letter in Support of its Motion to Compel) addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated March 26, 2018. Document filed by Triadou SPV S.A..(Skakel, Deborah)
March 29, 2018 Opinion or Order Filing 594 LETTER MOTION to Seal Document #578 LETTER MOTION to Compel non-party Kevin Meyer to produce of document addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 03/20/2018. addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated March 20, 2018. Document filed by Triadou SPV S.A..(Skakel, Deborah)
March 28, 2018 Opinion or Order Filing 593 Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Telephone Discovery Hearing held on 3/28/2018. Counsel for Plaintiffs are directed to confer with counsel for the Petelins regarding the list of 170 entities. Counsel for Plaintiffs shall file a letter with this court by April 11, 2018 stating whether the dispute regarding additional unredactions from the Wells Fargo records has been resolved and, if not, state the remaining issues. Wells Fargo shall be excused from further compliance with the subpoena until April 12, 2018. A transcript of this proceeding is available by utilizing the attached order form. (ca)
March 27, 2018 Opinion or Order Filing 592 MEMORANDUM OPINION & ORDER: For the foregoing reasons, the Crossclaim Plaintiffs' claims for unjust enrichment (Count Eight), conversion (Count Nine) and constructive trust (Count Ten) are dismissed as time-barred. SO ORDERED. (Signed by Judge Alison J. Nathan on 3/27/2018) (mml)
March 26, 2018 Opinion or Order Filing 591 ORDER. The Khrapunovs' motion for reconsideration is DENIED. Plaintiffs' request for attorneys' fees related to this motion is DENIED. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 3/23/18) (yv)
March 26, 2018 Opinion or Order Filing 590 LETTER REPLY to Response to Motion addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 3/26/2018 re: #578 LETTER MOTION to Compel non-party Kevin Meyer to produce of document addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 03/20/2018. . Document filed by BTA Bank JSC, City of Almaty. (Schwartz, Matthew)
March 26, 2018 Opinion or Order Filing 589 LETTER RESPONSE to Motion addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated March 26,2018 re: #578 LETTER MOTION to Compel non-party Kevin Meyer to produce of document addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 03/20/2018. Reply Letter in Further Support of Triadou's Motion to Compel non-party Kevin Meyer to Produce a document. Document filed by Triadou SPV S.A.. (Skakel, Deborah)
March 23, 2018 Opinion or Order Filing 588 ORDER SCHEDULING TELEPHONE CONFERENCE: A telephone conference will be held on Wednesday, March 28, 2017 at 2:00 p.m. to address the Petelins' motion pending at Document Number 571. Counsel for all parties and Defendant Ablyazov himself are directed to call Judge Parkers chambers on one line. Please dial 212-805-0234. Telephone Conference set for 3/28/2018 at 02:00 PM before Magistrate Judge Katharine H. Parker. (Signed by Magistrate Judge Katharine H. Parker on 3/23/2018) (ap)
March 23, 2018 Opinion or Order Filing 587 ORDER: granting #580 Letter Motion for Extension of Time. APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 3/23/2018) (ap)
March 23, 2018 Opinion or Order Filing 586 LETTER addressed to Magistrate Judge Katharine H. Parker from John J. Kenney dated March 23, 2018 re: Objections to BTA/Almaty's March 20, 2018 letter regarding production of documents (ECF no. 579). Document filed by Ilyas Khrapunov, Viktor Khrapunov.(Kenney, John)
March 23, 2018 Opinion or Order Filing 585 LETTER addressed to Magistrate Judge Katharine H. Parker from John J. Kenney dated March 23, 2018 re: Further support of our motion for partial reconsideration of the Court's March 5, 2018 order. Document filed by Ilyas Khrapunov, Viktor Khrapunov.(Kenney, John)
March 23, 2018 Opinion or Order Filing 584 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from Peter Guirguis dated March 23, 2018 re: #578 LETTER MOTION to Compel non-party Kevin Meyer to produce of document addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 03/20/2018. . Document filed by Kevin Meyer. (Guirguis, Peter)
March 23, 2018 Opinion or Order Filing 583 ORDER granting #572 Motion to Seal Document. Application Granted. The Court finds that movants have satisfied the requirements for sealing under Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006) and Bernstein v. Bernstein Litowitz Berger & Grossman LLP, 814 F.3d 132 (2d Cir. 2016). Application Granted. (Signed by Magistrate Judge Katharine H. Parker on 3/23/18) (yv)
March 23, 2018 Opinion or Order Filing 582 SEALED DOCUMENT placed in vault.(rz)
March 23, 2018 Opinion or Order Filing 581 SEALED DOCUMENT placed in vault.(rz)
March 21, 2018 Opinion or Order Filing 580 LETTER MOTION for Extension of Time to respond to plaintiffs' subpoena to Wells Fargo Bank, N.A. dated February 24, 2017 addressed to Magistrate Judge Katharine H. Parker from Kenneth C. Rudd dated March 21, 2018. Document filed by Wells Fargo Bank, N.A..(Rudd, Kenneth)
March 20, 2018 Opinion or Order Filing 579 LETTER addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 3/20/2018 re: Response to March 16, 2018 Letter of G. Petelin regarding Wells Fargo Accounts. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Schwartz, Matthew)
March 20, 2018 Opinion or Order Filing 578 LETTER MOTION to Compel non-party Kevin Meyer to produce of document addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 03/20/2018. Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Skakel, Deborah)
March 20, 2018 Opinion or Order Filing 577 ORDER granting #576 Letter Motion for Leave to File Excess Pages. Application Granted. (Signed by Magistrate Judge Katharine H. Parker on 3/20/18) (yv)
March 19, 2018 Opinion or Order Filing 576 LETTER MOTION for Leave to File Excess Pages addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated March 19,2018. Document filed by Triadou SPV S.A..(Skakel, Deborah)
March 19, 2018 Opinion or Order Filing 575 LETTER addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 3/19/2018 re: Opposition to Ilyas & Viktor Khrapunovs' Motion for Limited Reconsideration of the March 5, 2018 Sanctions Order. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
March 16, 2018 Opinion or Order Filing 574 DECLARATION of Matthew L. Schwartz in Support re: #453 LETTER MOTION for Conference and Evidentiary Hearing, and in Opposition to Motion to De-Designate Confidential Testimony addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 11/30/17.. Document filed by BTA Bank JSC, City of Almaty. (Schwartz, Matthew)
March 16, 2018 Opinion or Order Filing 573 LETTER addressed to Magistrate Judge Katharine H. Parker from John J. Kenney dated March 16, 2018 re: Sanctions Order (ECF No. 564). Document filed by Ilyas Khrapunov, Viktor Khrapunov. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Kenney, John)
March 16, 2018 Opinion or Order Filing 572 LETTER MOTION to Seal Document #571 Letter addressed to Magistrate Judge Katharine H. Parker from Eugene Illovsky dated March 16, 2018. Document filed by Elena Petelin, Gennady Petelin.(Illovsky, Eugene)
March 16, 2018 Opinion or Order Filing 571 LETTER addressed to Magistrate Judge Katharine H. Parker from Eugene Illovsky dated March 16, 2018 re: Dkt. 546. Document filed by Elena Petelin, Gennady Petelin. (Attachments: #1 Exhibit A)(Illovsky, Eugene)
March 13, 2018 Opinion or Order Filing 570 SEALED DOCUMENT placed in vault.(mps)
March 13, 2018 Opinion or Order Filing 569 SEALED DOCUMENT placed in vault.(mps)
March 13, 2018 Opinion or Order Filing 568 SEALED DOCUMENT placed in vault.(mps)
March 13, 2018 Opinion or Order Filing 567 SEALED DOCUMENT placed in vault.(mps)
March 6, 2018 Opinion or Order Filing 566 MEMO ENDORSEMENT on re: #565 Letter Updating Regarding Request for Anti-Corruption Bureau Documents, filed by City of Almaty, BTA Bank JSC. ENDORSEMENT: The Court thanks Plaintiffs for the update. Plaintiffs shall update the Court on the earlier of May 5, 2018 or the date they receive a response from the prosecutor's office. So Ordered. (Signed by Magistrate Judge Katharine H. Parker on 3/6/18) (yv)
March 5, 2018 Opinion or Order ***STRICKEN DOCUMENT. Deleted Exhibits A, B, C, D, and E of Docket Entry #502 Response from the case record. The documents were stricken from this case pursuant to #564 Opinion and Order and instructions from chambers on 3/9/2018. (ras)
March 5, 2018 Opinion or Order Filing 565 LETTER addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 3/5/2018 re: Update Regarding Request for Anti-Corruption Bureau Documents. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
March 5, 2018 Opinion or Order Filing 564 OPINION AND ORDER re: #511 MOTION to Strike Document No. #502 Defendants Ilyas & Viktor Khrapunov's Opposition to the City of Almaty and BTA Bank's Motion for Sanctions, filed by City of Almaty, BTA Bank JSC. Plaintiffs' motion for sanctions (Doc. No. 453) is GRANTED, Plaintiffs' motion to strike is GRANTED (Doc. No. 511), and the Khrapunovs' motion to lift the confidentiality designation from portions of the Rakishev deposition is DENIED (Doc. No. 452). Plaintiffs are ORDERED to file and serve an affidavit and supporting materials identifying their expenses, including attorneys' fees, in accordance with this Order. (Signed by Magistrate Judge Katharine H. Parker on 3/5/2018) (ras)
March 5, 2018 Opinion or Order Filing 563 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Oral Argument proceeding held on 2/12/2018 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.(rro)
March 5, 2018 Opinion or Order Filing 562 TRANSCRIPT of Proceedings re: Oral Argument held on 2/12/2018 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/26/2018. Redacted Transcript Deadline set for 4/5/2018. Release of Transcript Restriction set for 6/4/2018.(rro)
March 2, 2018 Opinion or Order Filing 561 REPLY MEMORANDUM OF LAW in Support re: #517 MOTION for Reconsideration re; #257 Order, in light of new controlling authority. . Document filed by BTA Bank JSC, City of Almaty. (Schwartz, Matthew)
February 28, 2018 Opinion or Order Filing 560 OPINION AND ORDER re: #546 LETTER MOTION to Compel Wells Fargo and Gennady Petelin to produce documents addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated February 15, 2018. filed by City of Almaty, BTA Bank JSC. Plaintiffs' motion to compel is GRANTED IN PART and DENIED IN PART. Plaintiffs are directed to provide Wells Fargo with an updated list of entities in accordance with this Order within one week, and Wells Fargo is directed to lift redactions of information relevant to those additional entities within fourteen days thereafter. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 2/28/18) (yv)
February 23, 2018 Opinion or Order Filing 559 LETTER RESPONSE to Motion addressed to Magistrate Judge Katharine H. Parker from Eugene Illovsky dated February 23, 2018 re: #546 LETTER MOTION to Compel Wells Fargo and Gennady Petelin to produce documents addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated February 15, 2018. SUR-REPLY. Document filed by Elena Petelin, Gennady Petelin. (Illovsky, Eugene)
February 23, 2018 Opinion or Order Filing 558 MEMORANDUM OF LAW in Opposition re: #517 MOTION for Reconsideration re; #257 Order, in light of new controlling authority. . Document filed by Ilyas Khrapunov, Viktor Khrapunov. (Curley, John)
February 23, 2018 Opinion or Order Filing 557 MEMORANDUM OF LAW in Opposition re: #517 MOTION for Reconsideration re; #257 Order, in light of new controlling authority. . Document filed by Triadou SPV S.A.. (Skakel, Deborah)
February 23, 2018 Opinion or Order Filing 556 ORDER MOTION FOR ADMISSION PRO HAC VICE #552 Motion to Amend/Correct. IT IS HEREBY ORDERED that Eugene G. Illovsky is admitted to practice pro hacvice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 2/23/18) (yv)
February 22, 2018 Opinion or Order Filing 555 LETTER REPLY to Response to Motion addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated February 22, 2018 re: #546 LETTER MOTION to Compel Wells Fargo and Gennady Petelin to produce documents addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated February 15, 2018. . Document filed by BTA Bank JSC, City of Almaty. (Schwartz, Matthew)
February 21, 2018 Opinion or Order Filing 554 LETTER addressed to Magistrate Judge Katharine H. Parker from John J. Kenney dated February 21, 2018 re: Letter Motion of the City Almaty, Kazakhstan and BTA Bank. Document filed by Ilyas Khrapunov, Viktor Khrapunov. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Kenney, John)
February 21, 2018 Opinion or Order Filing 553 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from Eugene Illovsky dated February 21, 2018 re: #546 LETTER MOTION to Compel Wells Fargo and Gennady Petelin to produce documents addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated February 15, 2018. . Document filed by Elena Petelin, Gennady Petelin. (Illovsky, Eugene)
February 21, 2018 Opinion or Order Filing 552 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Amend/Correct Notice Regarding Deficient Motion to Appear Pro Hac vice,, Affidavit of Eugene Illovsky in Support. Document filed by Elena Petelin, Gennady Petelin. (Attachments: #1 Affidavit of Eugene G. Illovsky, #2 Text of Proposed Order)(Illovsky, Eugene) Modified on 4/17/2018 (ldi).
February 21, 2018 Opinion or Order Filing 551 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Eugene G. Illovsky to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14724770. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Elena Petelin, Gennady Petelin. (Attachments: #1 Affidavit of Eugene G. Illovsky, #2 Text of Proposed Order)(Illovsky, Eugene) Modified on 2/21/2018 (bcu).
February 21, 2018 Opinion or Order Filing 550 LETTER addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 2/21/2018 re: Deposition Excerpts and Close of Evidentiary Record. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
February 21, 2018 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #551 MOTION for Eugene G. Illovsky to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14724770. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu)
February 20, 2018 Opinion or Order LETTERS ROGATORY: Doc. #545 ISSUED on February 20, 2018, to Boies, Schiller & Flexner LLP, and to be served on the Ministry of Justice and Public Order of the Republic of Cyprus. (km) (dt)
February 20, 2018 Opinion or Order Filing 549 LETTER addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 2/20/2018 re: Letter Motion of the City Almaty, Kazakhstan and BTA Bank. Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit Ex 1 to Triadou Response, #2 Exhibit Ex 2 to Triadou Response)(Skakel, Deborah)
February 20, 2018 Opinion or Order Filing 548 MEMO ENDORSEMENT on re: #545 Letter filed by City of Almaty, BTA Bank JSC. ENDORSEMENT: The Kazakh Entities' request that the Court issue the Hague Convention Request for International Judicial Assistance to the Republic of Cyprus is hereby GRANTED for the reasons stated in this letter. (Signed by Judge Alison J. Nathan on 2/19/2018) (mro)
February 16, 2018 Opinion or Order Filing 547 LETTER addressed to Magistrate Judge Katharine H. Parker from John J. Kenney dated February 16, 2018 re: Deposition Excerpts. Document filed by Ilyas Khrapunov, Viktor Khrapunov. (Attachments: #1 Exhibit A)(Kenney, John)
February 15, 2018 Opinion or Order Filing 546 LETTER MOTION to Compel Wells Fargo and Gennady Petelin to produce documents addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated February 15, 2018. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14)(Schwartz, Matthew)
February 14, 2018 Opinion or Order Filing 545 LETTER addressed to Judge Alison J. Nathan from Matthew L. Schwartz dated 2/14/2018 re: Hague Request to the Republic of Cyprus. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit 1)(Schwartz, Matthew)
February 13, 2018 Opinion or Order Filing 544 Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Evidentiary Hearing held on 2/13/2018: See transcript for details.A transcript of this proceeding is available by utilizing the attached order form. (ca)
February 9, 2018 Opinion or Order NOTICE: The Oral Argument scheduled for Monday, February 12, 2018 at 3:40 p.m. and will now take place in Courtroom 9-A, United States Courthouse, 500 Pearl Street, New York, New York. re: Notice (Other). (ca)
February 2, 2018 Opinion or Order Filing 543 MEMO ENDORSEMENT on re: #542 Letter informing the Court as to the ROK Financial Police's response to the Kazakh Entities' invocation of their rights as crime victim s pursuant to the Court's Order dated January 10, 2018 [ECF No. 525], filed by Ilyas Khrapunov, Viktor Khrapunov, City of Almaty, BTA Bank JSC, Triadou SPV S.A. ENDORSEMENT: The Court thanks the Parties for the update and requests an update in 30 days. (Signed by Magistrate Judge Katharine H. Parker on 2/2/18) (yv)
February 2, 2018 Opinion or Order Filing 542 LETTER addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated February 2, 2018 re: informing the Court as to the ROK Financial Police's response to the Kazakh Entities' invocation of their rights as crime victims pursuant to the Court's Order dated January 10, 2018 [ECF No. 525]. Document filed by BTA Bank JSC, City of Almaty, Ilyas Khrapunov, Viktor Khrapunov, Triadou SPV S.A..(Schwartz, Matthew)
January 24, 2018 Opinion or Order Filing 541 MEMORANDUM AND ORDER granting #530 Letter Motion to Compel. For all of the above reasons, the Plaintiffs' Motion to Compel (Doc. No. 530) is GRANTED. This ruling should not be construed as a decision on whether Ilyas Khrapunov was responsible for hacking the Hacked Documents. (Signed by Magistrate Judge Katharine H. Parker on 1/24/2018) (kgo)
January 22, 2018 Opinion or Order Filing 540 REPLY MEMORANDUM OF LAW in Support re: #511 MOTION to Strike Document No. #502 Defendants Ilyas & Viktor Khrapunov's Opposition to the City of Almaty and BTA Bank's Motion for Sanctions. . Document filed by BTA Bank JSC, City of Almaty. (Schwartz, Matthew)
January 19, 2018 Opinion or Order Filing 539 LETTER RESPONSE in Support of Motion addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 1/19/2018 re: #530 LETTER MOTION to Compel Ilyas Khrapunov to Produce Archives of Stolen Documents addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 1/12/2018. . Document filed by BTA Bank JSC, City of Almaty. (Schwartz, Matthew)
January 18, 2018 Opinion or Order Filing 538 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from John J. Kenney dated January 18, 2018 re: #530 LETTER MOTION to Compel Ilyas Khrapunov to Produce Archives of Stolen Documents addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 1/12/2018. . Document filed by Ilyas Khrapunov, Viktor Khrapunov. (Kenney, John)
January 17, 2018 Opinion or Order Filing 537 ORDER. In light of the extension of the discovery schedule in the above-captioned matter ordered by Magistrate Judge Katherine H. Parker on January 16, 2018, Dkt. No. 535, the status conference currently scheduled for February 23, 2018 is hereby ADJOURNED to May 25, 2018 at 3:15 PM. SO ORDERED. (Status Conference set for 5/25/2018 at 03:15 PM before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 1/17/2018) (rjm)
January 17, 2018 Opinion or Order NOTICE: The Oral Argument scheduled for January 18, 2018 has been rescheduled for Monday, February 12, 2018 at 3:40 p.m. and will take place in Courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, New York. Please disregard the notice filed yesterday with regard to the adjourned 01/18/2018 Conference. re: #535 Memo Endorsement, Set Hearings. (ca)
January 16, 2018 Opinion or Order Filing 536 MEMORANDUM AND ORDER granting in part and denying in part #494 Letter Motion to Compel. Plaintiffs' motion is GRANTED IN PART and DENIED IN PART. There is no evidence that any of the Defendants have control over the other entities mentioned by Plaintiffs in their discovery requests, and thus there is no indication that any of the Defendants could consent to Gillieron's release of "atypical" and "KYC files" concerning those entities. Accordingly, Plaintiffs' motion to compel is denied with respect to this category of documents. To the extent Plaintiffs seek Gillieron's personal notes of a meeting he attended with an entity named FBME, he shall not be required to produce these notes. The Court's decision is based on the fact that none of the Defendants have the power to consent to release of information about FBME (based on the information provided to the Court by the parties), and to the extent Gillieron was acting as an attorney, his notes may reflect mental impressions and opinions or other confidential client information belonging to FBME - information protected from disclosure by a Fiduciary Agreement and/or Swiss law. Further, it is not apparent from Plaintiffs' submission why documents concerning FBME are even relevant to the claims against the Defendants in this action, especially in light of Judge Nathan's denial of Plaintiffs' motion to join FBME. Finally, for the reasons discussed previously with the parties, Plaintiffs' renewed request for an order compelling Gillieron to obtain electronic files owned by his law firm is denied. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 1/16/18) (yv) Modified on 1/17/2018 (yv).
January 16, 2018 Opinion or Order Filing 535 MEMO ENDORSEMENT on re: #531 Letter filed by City of Almaty, BTA Bank JSC. ENDORSEMENT: APPLICATION GRANTED: The Oral Argument scheduled for January 18, 2018 is hereby rescheduled for Monday, February 12, 2018 at 3:40 p.m. in Courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, New York. The settlement conference in this matter currently scheduled for Wednesday, January 24, 2018 at 10:00 a.m. is rescheduled to Monday, May 7, 2018 at 10:00 a.m. in Courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, New York. Parties must attend in-person with their counsel. Corporate parties must send the person with decision making authority to settle the matter to the conference. The parties are instructed to complete the Settlement Conference Summary Report and prepare pre-conference submissions in accordance with Judge Parker's Individual Rules of Practice. Pre-conference submissions must be received by the Court no later than Monday, April 30, 2018 by 5:00 p.m. The Discovery Schedule is extended as follows: Serve Requests to Admit and Interrogatories: Extended from 01/11/2018 to 05/9/2018. Fact Discovery: Extended from 02/09/2018 to 05/09/2018. Expert Discovery: Extended from 04/06/2018 to 07/06/2018. (Oral Argument set for 2/12/2018 at 03:40 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker., Settlement Conference set for 5/7/2018 at 10:00 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 1/16/2018) (mro) Modified on 1/18/2018 (rjm).
January 16, 2018 Opinion or Order Set/Reset Deadlines: Expert Discovery due by 7/6/2018. Fact Discovery due by 5/9/2018. (mro)
January 16, 2018 Opinion or Order Filing 534 LETTER addressed to Magistrate Judge Katharine H. Parker from John J. Kenney dated January 16, 2018 re: Proposed Discovery Schedule. Document filed by Ilyas Khrapunov, Viktor Khrapunov.(Kenney, John)
January 16, 2018 Opinion or Order Filing 533 LETTER addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 1/16/2018 re: the Current Discovery Schedule and in Response to the Letter Filed by Almaty/BTA at ECF 531. Document filed by Triadou SPV S.A..(Skakel, Deborah)
January 16, 2018 Opinion or Order Filing 532 ORDER denying without prejudice #520 Letter Motion to Compel; granting #528 Letter Motion to Stay. Application Granted. Motion to Compel (Docket No. 520) denied without prejudice. So Ordered. (Signed by Magistrate Judge Katharine H. Parker on 1/16/18) (yv)
January 16, 2018 Opinion or Order Filing 531 LETTER addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 1/16/2018 re: Current Discovery Schedule. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
January 12, 2018 Opinion or Order Filing 530 LETTER MOTION to Compel Ilyas Khrapunov to Produce Archives of Stolen Documents addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 1/12/2018. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Schwartz, Matthew)
January 12, 2018 Opinion or Order Filing 529 MEMORANDUM OF LAW in Opposition re: #511 MOTION to Strike Document No. #502 Defendants Ilyas & Viktor Khrapunov's Opposition to the City of Almaty and BTA Bank's Motion for Sanctions. . Document filed by Ilyas Khrapunov, Viktor Khrapunov. (Attachments: #1 Exhibit A, #2 B)(Kenney, John)
January 11, 2018 Opinion or Order Filing 528 LETTER MOTION to Stay re: #520 LETTER MOTION to Compel Non-Party Felix Sater to Comply with Subpoenas to Produce Documents and Appear for Deposition addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 01/08/2018. addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated January 11,2018. Document filed by Triadou SPV S.A..(Skakel, Deborah)
January 10, 2018 Opinion or Order Filing 527 ORDER granting #519 Letter Motion for Extension of Time. SO ORDERED. (Signed by Judge Alison J. Nathan on 1/10/2018) (mml)
January 10, 2018 Opinion or Order Filing 526 MEMO ENDORSEMENT on re: #524 Letter, filed by Ilyas Khrapunov, Viktor Khrapunov. ENDORSEMENT: SO ORDERED. (Responses due by 2/23/2018.) (Signed by Judge Alison J. Nathan on 1/10/2018) (mml)
January 10, 2018 Opinion or Order Filing 525 ORDER. Triadou's motion to compel is DENIED. It is further ORDERED that Plaintiffs shall immediately invoke their rights as crime victims under Kazakh law to request the signed minutes from the interrogations of Bourg and Foucher, as well as the videotapes of same. Plaintiffs shall provide a copy of the written request made to the ROK Financial Police to counsel for Triadou by no later than January 19, 2018. The parties shall file a joint letter with this Court by no later than February 2, 2018, informing the Court as to the ROK Financial Police's response to the request or otherwise updating the Court on the status of the request. So ordered. Denying #492 LETTER MOTION to Compel Plaintiffs City of Almaty and BTA Bank to Produce addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 12/7/2017. Document filed by Triadou SPV S.A. (Signed by Magistrate Judge Katharine H. Parker on 1/9/2018) (rjm)
January 10, 2018 Opinion or Order Set/Reset Deadlines: Responses due by 2/23/2018. (mml)
January 9, 2018 Opinion or Order Filing 524 LETTER addressed to Magistrate Judge Katharine H. Parker from John J. Kenney dated January 9, 2018 re: Corrected Letter: Extension of Time to File Opposition to BTA/Almaty's Motion Seeking Reconsideration of the Court's Order Dismissing the RICO Crossclaims. Document filed by Ilyas Khrapunov, Viktor Khrapunov.(Kenney, John)
January 9, 2018 Opinion or Order Filing 523 LETTER addressed to Magistrate Judge Katharine H. Parker from John J. Kenney dated January 9, 2018 re: Extension of Time to File Opposition to BTA/Almaty's Motion Seeking Reconsideration of the Court's Order Dismissing the RICO Crossclaims. Document filed by Ilyas Khrapunov, Viktor Khrapunov.(Kenney, John)
January 9, 2018 Opinion or Order Filing 522 MEMO ENDORSEMENT: on re: #521 Letter filed by Ilyas Khrapunov, Viktor Khrapunov. ENDORSEMENT: APPLICATION GRANTED. (Responses due by 1/12/2018) (Signed by Magistrate Judge Katharine H. Parker on 1/9/2018) (ap)
January 9, 2018 Opinion or Order Filing 521 LETTER addressed to Magistrate Judge Katharine H. Parker from John P. Curley dated January 9, 2018 re: Extension of Time to File Opposition to BTA/Almaty's Motion to Strike. Document filed by Ilyas Khrapunov, Viktor Khrapunov.(Curley, John)
January 8, 2018 Opinion or Order Filing 520 LETTER MOTION to Compel Non-Party Felix Sater to Comply with Subpoenas to Produce Documents and Appear for Deposition addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 01/08/2018. Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Skakel, Deborah)
January 5, 2018 Opinion or Order Filing 519 LETTER MOTION for Extension of Time and in Response to the Letter Addressed to Judge Nathan from Matthew L. Schwartz dated January 4, 2018 (ECF 516) addressed to Judge Alison J. Nathan from Deborah A. Skakel dated 01/05/2018. Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit 1)(Skakel, Deborah)
January 4, 2018 Opinion or Order Filing 518 MEMORANDUM OF LAW in Support re: #517 MOTION for Reconsideration re; #257 Order, in light of new controlling authority. . Document filed by BTA Bank JSC, City of Almaty. (Schwartz, Matthew)
January 4, 2018 Opinion or Order Filing 517 MOTION for Reconsideration re; #257 Order, in light of new controlling authority. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
January 4, 2018 Opinion or Order Filing 516 LETTER addressed to Judge Alison J. Nathan from Matthew L. Schwartz dated January 4, 2018 re: The Kazakh Entities' motion for relief from the Court's December 23, 2016 Order [ECF No. 257]. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
January 3, 2018 Opinion or Order Filing 515 SEALED DOCUMENT placed in vault.(mps)
January 3, 2018 Opinion or Order Filing 514 SEALED DOCUMENT placed in vault.(mps)
January 3, 2018 Opinion or Order Filing 513 SEALED DOCUMENT placed in vault.(mps)
January 2, 2018 Opinion or Order Filing 512 MEMORANDUM OF LAW in Support re: #511 MOTION to Strike Document No. #502 Defendants Ilyas & Viktor Khrapunov's Opposition to the City of Almaty and BTA Bank's Motion for Sanctions. . Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit A, #2 Exhibit B)(Schwartz, Matthew)
January 2, 2018 Opinion or Order Filing 511 MOTION to Strike Document No. #502 Defendants Ilyas & Viktor Khrapunov's Opposition to the City of Almaty and BTA Bank's Motion for Sanctions. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
December 28, 2017 Opinion or Order Filing 510 ENDORSED LETTER addressed to (not identified) from Mukhtar Ablyazov dated 12/19/2017 re: I, Mukhtar Ablyazov, in response to your request or 14 November, hereby inform you that I do not have and have not had any relationship with Frank Monstrey and his companies. I know that BTA Bank had client relations with Frank Monstrey and his companies. I have no further document or information regarding this mailer. ENDORSEMENT: The Court is in reciept of Defendant Ablyazov's letter dated December 19, 2017. It is unclear who is the intended recipient of this letter. However, Ablyazov is reminded that as a pro se defendant, all communications to the Court must be submitted to the Pro Se Intake Unit, United States Court House, 500 Pearl Street, Room 200, New York, NY 10007. (Signed by Magistrate Judge Katharine H. Parker on 12/28/2017) (rjm)
December 22, 2017 Opinion or Order Filing 509 ORDER: Triadou has requested that the following documents be filed under seal: Triadou's June 21, 2017 motion for reconsideration of the Court's order compelling Mr.Gillieron's deposition and accompanying files, and Triadou's July 17, 2017 reply brief in further support of its motion, (ECF Nos. 334-36 and 395); as further set forth in this Order. These requests to file under seal are granted and the Court has already placed the documents under seal. Thus, no further action is needed on behalf of the parties with respect to placing these documents under seal. (Signed by Magistrate Judge Katharine H. Parker on 12/22/2017) (cf)
December 22, 2017 Opinion or Order Filing 508 ORDER. The Court grants the parties' requests to file under seal the letter motions pending at document numbers 492 and 494 and their corresponding oppositions and replies. The parties need not do anything further with respect to these sealing requests, as the Court will file the documents under seal. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 12/22/17) (yv)
December 22, 2017 Opinion or Order Filing 507 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 11/16/2017 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(anc) (Main Document 507 replaced on 12/22/2017) (anc).
December 22, 2017 Opinion or Order Filing 506 TRANSCRIPT of Proceedings re: Telephone Conference held on 11/16/2017 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/12/2018. Redacted Transcript Deadline set for 1/22/2018. Release of Transcript Restriction set for 3/22/2018.(anc)
December 22, 2017 Opinion or Order Transmission to Sealed Records Clerk. Transmitted re: #508 Order, to the Sealed Records Clerk for the sealing or unsealing of document or case. (yv)
December 21, 2017 Opinion or Order Filing 505 SEALED DOCUMENT placed in vault.(mps)
December 18, 2017 Opinion or Order Filing 504 LETTER RESPONSE in Support of Motion addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 12/18/2017 re: #494 LETTER MOTION to Compel the Production of the Documents of Marc Gillieron addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 12/12/2017. . Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Schwartz, Matthew)
December 16, 2017 Opinion or Order Filing 503 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Ilyas Khrapunov, Viktor Khrapunov. (Attachments: #1 Exhibit Khrapunovs' Responses and Objections to BTA/Almaty's Proposed Finding of Facts)(Curley, John)
December 15, 2017 Opinion or Order Filing 502 RESPONSE to Motion re: #453 LETTER MOTION for Conference and Evidentiary Hearing, and in Opposition to Motion to De-Designate Confidential Testimony addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 11/30/17. . Document filed by Ilyas Khrapunov, Viktor Khrapunov. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Curley, John)
December 15, 2017 Opinion or Order Filing 501 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from John P. Curley dated December 15, 2017 re: #494 LETTER MOTION to Compel the Production of the Documents of Marc Gillieron addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 12/12/2017. . Document filed by Ilyas Khrapunov, Viktor Khrapunov. (Attachments: #1 Exhibit A)(Curley, John)
December 15, 2017 Opinion or Order Filing 500 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 12/15/17 re: #494 LETTER MOTION to Compel the Production of the Documents of Marc Gillieron addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 12/12/2017. . Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12)(Skakel, Deborah)
December 15, 2017 Opinion or Order Filing 499 SEALED DOCUMENT placed in vault.(mps)
December 15, 2017 Opinion or Order Filing 498 SEALED DOCUMENT placed in vault.(mps)
December 14, 2017 Opinion or Order Filing 497 LETTER REPLY to Response to Motion addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 12/14/2017 re: #492 LETTER MOTION to Compel Plaintiffs City of Almaty and BTA Bank to Produce addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 12/7/2017. . Document filed by Triadou SPV S.A.. (Skakel, Deborah)
December 13, 2017 Opinion or Order Filing 496 MEMO ENDORSEMENT on re: #495 Letter Requesting an Extension of Time to File Post-Hearing Brief, filed by Ilyas Khrapunov, Viktor Khrapunov. ENDORSEMENT: Application Granted. (Signed by Magistrate Judge Katharine H. Parker on 12/13/17) (yv)
December 13, 2017 Opinion or Order Filing 495 LETTER addressed to Magistrate Judge Katharine H. Parker from John J. Kenney dated December 13, 2017 re: Extension of Time to File Post-Hearing Brief. Document filed by Ilyas Khrapunov, Viktor Khrapunov.(Kenney, John)
December 12, 2017 Opinion or Order Filing 494 LETTER MOTION to Compel the Production of the Documents of Marc Gillieron addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 12/12/2017. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Schwartz, Matthew)
December 12, 2017 Opinion or Order Filing 493 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 12/12/2017 re: #492 LETTER MOTION to Compel Plaintiffs City of Almaty and BTA Bank to Produce addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 12/7/2017. . Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Schwartz, Matthew)
December 7, 2017 Opinion or Order Filing 492 LETTER MOTION to Compel Plaintiffs City of Almaty and BTA Bank to Produce addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 12/7/2017. Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit - 1, #2 Exhibit -2, #3 Exhibit -3, #4 Exhibit -4, #5 Exhibit -5, #6 Exhibit -6, #7 Exhibit -7, #8 Exhibit -8, #9 Exhibit -9, #10 Exhibit -10, #11 Exhibit -11, #12 Exhibit -12, #13 Exhibit -13)(Skakel, Deborah)
December 7, 2017 Opinion or Order Filing 491 ENDORSED LETTER addressed to Matthew L. Schwartzfrom L. Rosabianca dated 11/10/17 re: request for an accommodation as to the location of his deposition. ENDORSEMENT: The Court received this letter today and construes it as a request by a third-party, Rosabianca, for an accommodation as to the location of his deposition. To the extent Plaintiffs' counsel seeks to depose Mr. Rosabianca, they are directed to consider the feasibility of this request. Plaintiffs' counsel shall serve a copy of this memo endorsement on Mr. Rosabianca. So Ordered. (Signed by Magistrate Judge Katharine H. Parker on 12/7/17) (yv)
December 4, 2017 Opinion or Order Filing 490 BRIEF The City of Almaty and BTA Bank's Post-Hearing Memorandum of Law. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit A (Proposed Findings of Fact))(Schwartz, Matthew)
December 1, 2017 Opinion or Order Filing 489 ORDER granting #488 Letter Motion for Extension of Time (HEREBY ORDERED by Magistrate Judge Katharine H. Parker)(Text Only Order) (Parker, Katharine)
November 30, 2017 Opinion or Order Filing 488 LETTER MOTION for Extension of Time Regarding Post-Hearing Briefing addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 11/30/17. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
November 29, 2017 Opinion or Order Filing 487 DECLARATION of John J. Kenney in Support re: #459 LETTER MOTION for Conference re: #458 Order, Set Hearings, Set Deadlines,,,,,, Application to appear by telephone for evidentiary hearing addressed to Magistrate Judge Katharine H. Parker from John P. Curley dated November 8, 2017.. Document filed by Ilyas Khrapunov, Viktor Khrapunov. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Kenney, John)
November 28, 2017 Opinion or Order Filing 486 SEALED DOCUMENT placed in vault.(rz)
November 28, 2017 Opinion or Order Filing 485 SEALED DOCUMENT placed in vault.(rz)
November 28, 2017 Opinion or Order Filing 484 SEALED DOCUMENT placed in vault.(rz)
November 22, 2017 Opinion or Order Filing 483 PRE-CONFERENCE STATEMENT Stipulating to Testimony at 11.17.17 Evidentiary Hearing. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
November 22, 2017 Opinion or Order Filing 482 DECLARATION of Sophie Roytblat in Support re: #453 LETTER MOTION for Conference and Evidentiary Hearing, and in Opposition to Motion to De-Designate Confidential Testimony addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 11/30/17.. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit Roytblat 1, #2 Exhibit Roytblat 2, #3 Exhibit Roytblat 2-T, #4 Exhibit Roytblat 3, #5 Exhibit Roytblat 4, #6 Exhibit Roytblat 5, #7 Exhibit Roytblat 6, #8 Exhibit Roytblat 7, #9 Exhibit Roytblat 8, #10 Exhibit Roytblat 8-T, #11 Exhibit Roytblat 9, #12 Exhibit Roytblat 10, #13 Exhibit Roytblat 11, #14 Exhibit Roytblat 12, #15 Exhibit Roytblat 13, #16 Exhibit Roytblat 14, #17 Exhibit Roytblat 15, #18 Exhibit Roytblat 16, #19 Exhibit Roytblat 17, #20 Exhibit Roytblat 18, #21 Exhibit Roytblat 19, #22 Exhibit Roytblat 20, #23 Exhibit Roytblat 21, #24 Exhibit Roytblat 22, #25 Exhibit Roytblat 23, #26 Exhibit Roytblat 24, #27 Exhibit Roytblat 25, #28 Exhibit Roytblat 26, #29 Exhibit Roytblat 27, #30 Exhibit Roytblat 28, #31 Exhibit Roytblat 29)(Schwartz, Matthew)
November 22, 2017 Opinion or Order Filing 481 DECLARATION of Ernesto Castillo in Support re: #453 LETTER MOTION for Conference and Evidentiary Hearing, and in Opposition to Motion to De-Designate Confidential Testimony addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 11/30/17.. Document filed by BTA Bank JSC, City of Almaty. (Schwartz, Matthew)
November 22, 2017 Opinion or Order Filing 480 DECLARATION of Jake Eisland in Support re: #453 LETTER MOTION for Conference and Evidentiary Hearing, and in Opposition to Motion to De-Designate Confidential Testimony addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 11/30/17.. Document filed by BTA Bank JSC, City of Almaty. (Schwartz, Matthew)
November 22, 2017 Opinion or Order Filing 479 DECLARATION of Lilly Cruz in Support re: #453 LETTER MOTION for Conference and Evidentiary Hearing, and in Opposition to Motion to De-Designate Confidential Testimony addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 11/30/17.. Document filed by BTA Bank JSC, City of Almaty. (Schwartz, Matthew)
November 22, 2017 Opinion or Order Filing 478 DECLARATION of Abigail Tudor in Support re: #453 LETTER MOTION for Conference and Evidentiary Hearing, and in Opposition to Motion to De-Designate Confidential Testimony addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 11/30/17.. Document filed by BTA Bank JSC, City of Almaty. (Schwartz, Matthew)
November 22, 2017 Opinion or Order Filing 477 DECLARATION of Elise Milne in Support re: #453 LETTER MOTION for Conference and Evidentiary Hearing, and in Opposition to Motion to De-Designate Confidential Testimony addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 11/30/17.. Document filed by BTA Bank JSC, City of Almaty. (Schwartz, Matthew)
November 22, 2017 Opinion or Order Filing 476 DECLARATION of Nameer Shukri in Support re: #453 LETTER MOTION for Conference and Evidentiary Hearing, and in Opposition to Motion to De-Designate Confidential Testimony addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 11/30/17.. Document filed by BTA Bank JSC, City of Almaty. (Schwartz, Matthew)
November 22, 2017 Opinion or Order Filing 475 DECLARATION of Daniel Boyle in Support re: #453 LETTER MOTION for Conference and Evidentiary Hearing, and in Opposition to Motion to De-Designate Confidential Testimony addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 11/30/17.. Document filed by BTA Bank JSC, City of Almaty. (Schwartz, Matthew)
November 22, 2017 Opinion or Order Filing 474 DECLARATION of Craig Wenner in Support re: #453 LETTER MOTION for Conference and Evidentiary Hearing, and in Opposition to Motion to De-Designate Confidential Testimony addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 11/30/17.. Document filed by BTA Bank JSC, City of Almaty. (Schwartz, Matthew)
November 22, 2017 Opinion or Order Filing 473 DECLARATION of Randall Jackson in Support re: #453 LETTER MOTION for Conference and Evidentiary Hearing, and in Opposition to Motion to De-Designate Confidential Testimony addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 11/30/17.. Document filed by BTA Bank JSC, City of Almaty. (Schwartz, Matthew)
November 22, 2017 Opinion or Order Filing 472 DECLARATION of Peter Skinner in Support re: #453 LETTER MOTION for Conference and Evidentiary Hearing, and in Opposition to Motion to De-Designate Confidential Testimony addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 11/30/17.. Document filed by BTA Bank JSC, City of Almaty. (Schwartz, Matthew)
November 22, 2017 Opinion or Order Filing 471 DECLARATION of Matthew L. Schwartz in Support re: #453 LETTER MOTION for Conference and Evidentiary Hearing, and in Opposition to Motion to De-Designate Confidential Testimony addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 11/30/17.. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit 1)(Schwartz, Matthew)
November 20, 2017 Opinion or Order Filing 470 ORDER, The Parties are directed to e-mail electronic copies of all exhibits introduced during the conference to parker_nysdchambers@nysd.uscourts.gov and to file redacted versions via ECF. Counsel for the Khrapunovs shall update the Court by letter filed on ECF as to when the depositions of Ilyas and Viktor Khrapunov will take place, and whether the Swiss authorities will permits an expansion of topics to be covered such that the Khrapunovs may be questioned during their depositions on the subjects raised during the November 17, 2017 evidentiary hearing. By December 1, 2017, the Kazakh Entities shall file their post-hearing brief in support of their motion for sanctions and in opposition to the Khrapunov's request to lift the confidentiality designation on certain portions of the Rakishev deposition. (Doc Nos. 452-53.) The Khrapunovs shall submit their opposition post-hearing brief by December 12, 2017. Such brief also shall address the legal and factual bases for their request that the confidentiality designations pertaining to the Rakishev deposition be lifted. No replies or sur-replies shall be filed without leave from the Court. Oral arguments on the motion for sanctions and cross-motion to lift confidentiality designations will be held on January 18, 2018 at 4:00 p.m. in Courtroom 17D. Defendant Ablyazov shall call into the folloWing number at 4:00 p.m. to participate telephonically 212-805-0178. SO ORDERED. (Responses due by 12/12/2017, Oral Argument set for 1/18/2018 at 04:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 11/20/17) (yv)
November 20, 2017 Opinion or Order Filing 469 ORDER. On November 16, 2017 Plaintiffs the City of Almaty, Kazakhstan and BTA Bank JSC (the "Kazakh Entities") submitted a letter request to require Defendant Mukhtar Ablyazov to either proceed pro se in this matter, or to arrange for counsel of record to represent him, and to strike all communications from Peter Sahlas, an attorney who has been relaying messages to the Court and the Parties on behalf of Defendant Ablyazov. (Doc. No. 467.) On November 17, 2017, this Court held an evidentiary hearing during which Defendant Ablyazov appeared telephonically. As discussed at that hearing, the Kazakh Entities' letter motion is granted. Defendant Ablyazov is directed to proceed in this matter as a pro se litigant unless and until he hires counsel. Defendant Ablyazov may no longer submit communications to the Court or file pleadings or other documents signed by Mr. Sahlas as Mr. Ablyazov's intermediary with the Court. For so long as Mr. Ablyazov is proceeding pro se in this matter, all future submissions to the Court must be signed by Defendant Ablyazov, translated into English, and submitted to the pro se intake unit. Mr. Sahlas may deliver Mr. Ablyazov's documents to the pro se intake unit, so long as the rest of the requirements for pro se submissions are followed. Mr. Sahlas may attend Court conferences as any member of the public may attend as otherwise consistent with Court rules. Defendant Ablyazov is expected to participate in future Court proceedings as scheduled by the Court. The Parties or the Court shall provide Defendant Ablyazov with a dial-in telephone number to participate. If Defendant Ablyazov is unable to participate in a Court proceeding, he shall inform the Court in advance of the scheduled proceeding in a writing signed by him, translated into English, and submitted via the pro se intake unit. The Court will consider moving the date of a proceeding to enable Defendant Ablyazov to participate upon a showing of good cause. If Defendant Ablyazov requests a change in date of a court proceeding, he shall provide the Court with alternative days and times within the week following the scheduled proceeding when he is available to participate. Defendant Ablyazov is responsible for providing his own Russian-English translator for court proceedings. Finally, past letters submitted to the Court via Mr. Sahlas on Defendant Ablyazov's behalf are deemed stricken. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 11/20/17) (yv)
November 17, 2017 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Evidentiary Hearing held on 11/17/2017: see transcript for details. (Court Reporter Sonya Moore/Khris Sellin) and ( Russian Interpreter Andrew Tarutz) present to assist defendant appearing telephonically. (ca)
November 16, 2017 Opinion or Order Filing 468 LETTER addressed to Magistrate Judge Katharine H. Parker from John J. Kenney dated November 16, 2017 re: Issues Relating to November 17 Hearing. Document filed by Ilyas Khrapunov, Viktor Khrapunov. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Kenney, John)
November 16, 2017 Opinion or Order Filing 467 LETTER addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 11/16/2017 re: Communications of P. Sahlas on Behalf of Defendant Mukhtar Ablyazov. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Schwartz, Matthew)
November 16, 2017 Opinion or Order Filing 466 JOINT LETTER MOTION for Conference Requesting Permission to Bring Personal Electronic Devices to the Hearing Scheduled on November 17, 2017, addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated November 16, 2017. Document filed by BTA Bank JSC, City of Almaty, Ilyas Khrapunov, Viktor Khrapunov, Triadou SPV S.A.. (Attachments: #1 Text of Proposed Order Authorizing Personal Electronic Devices)(Schwartz, Matthew)
November 16, 2017 Opinion or Order Filing 465 Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Telephone Conference held on 11/16/2017: see transcript for details. A transcript of this proceeding is available by utilizing the attached order form. (ca)
November 15, 2017 Opinion or Order Filing 464 Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Telephone Conference held on 11/15/2017. The evidentiary hearing will proceed as scheduled on November 17, 2017. Defendant Ablyazov, who is currently proceeding pro-se, is hereby informed that Plaintiffs wish to question him concerning the alleged leak of the deposition transcript. He shall be permitted to dial-in to the Court to participate in the hearing on Friday and should contact this Court at 212-805-0178 at 10:00 a.m. Eastern Standard Time to participate. A transcript of this proceeding is available by utilizing the attached order form. (ca)
November 14, 2017 Opinion or Order Filing 463 LETTER addressed to Magistrate Judge Katharine H. Parker from John J. Kenney dated November 14, 2017 re: Evidentiary Hearing. Document filed by Ilyas Khrapunov, Viktor Khrapunov. (Attachments: #1 Exhibit A)(Kenney, John)
November 9, 2017 Opinion or Order Filing 462 MEMO ENDORSEMENT on re: #460 Letter filed by City of Almaty, BTA Bank JSC. ENDORSEMENT: APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 11/9/2017) (mro)
November 9, 2017 Opinion or Order Filing 461 ORDER granting #459 Letter Motion for Conference. Application for Party to Attend Evidentiary Hearing by Telephone. Counsel should contact Chambers to coordinate necessary technology and arrange for interpreter as appropriate. So Ordered. (Signed by Magistrate Judge Katharine H. Parker on 11/9/17) (yv)
November 8, 2017 Opinion or Order Filing 460 LETTER addressed to Magistrate Judge Katharine H. Parker from Peter M. Skinner dated 11/8/2017 re: Request to Appear by Telephone for Evidentiary Hearing. Document filed by BTA Bank JSC, City of Almaty.(Skinner, Peter)
November 8, 2017 Opinion or Order Filing 459 LETTER MOTION for Conference re: #458 Order, Set Hearings, Set Deadlines,,,,,, Application to appear by telephone for evidentiary hearing addressed to Magistrate Judge Katharine H. Parker from John P. Curley dated November 8, 2017. Document filed by Ilyas Khrapunov, Viktor Khrapunov.(Curley, John)
November 6, 2017 Opinion or Order Filing 458 ORDER SCHEDULING HEARING. An evidentiary hearing is hereby scheduled for Friday, November 17, 2017 at 10:00 a.m. in Courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, New York to address the motion pending at document number 453. To the extent the parties wish to present witnesses by telephone and/or video, they must make the application by no later than November 8, 2017. SO ORDERED. (Evidentiary Hearing set for 11/17/2017 at 10:00 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (Motions due by 11/8/2017.) Motion(s) terminated: #453 LETTER MOTION for Conference and Evidentiary Hearing, and in Opposition to Motion to De-Designate Confidential Testimony addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 11/30/17 filed by City of Almaty, BTA Bank JSC. (Signed by Magistrate Judge Katharine H. Parker on 11/6/2017) (rjm) Modified on 12/8/2017 (rjm).
November 3, 2017 Opinion or Order Filing 457 LETTER RESPONSE in Support of Motion addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 11/3/2017 re: #453 LETTER MOTION for Conference and Evidentiary Hearing, and in Opposition to Motion to De-Designate Confidential Testimony addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 11/30/17. . Document filed by BTA Bank JSC, City of Almaty. (Schwartz, Matthew)
November 2, 2017 Opinion or Order Filing 456 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from John J. Kenney dated November 2, 2017 re: #453 LETTER MOTION for Conference and Evidentiary Hearing, and in Opposition to Motion to De-Designate Confidential Testimony addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 11/30/17. . Document filed by Ilyas Khrapunov, Viktor Khrapunov. (Attachments: #1 Exhibit A)(Kenney, John)
November 2, 2017 Opinion or Order Filing 455 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated November 2, 2017 re: #453 LETTER MOTION for Conference and Evidentiary Hearing, and in Opposition to Motion to De-Designate Confidential Testimony addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 11/30/17. . Document filed by Triadou SPV S.A.. (Skakel, Deborah)
November 1, 2017 Opinion or Order Filing 454 DECLARATION of Matthew L. Schwartz in Support re: #453 LETTER MOTION for Conference and Evidentiary Hearing, and in Opposition to Motion to De-Designate Confidential Testimony addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 11/30/17.. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Schwartz, Matthew)
November 1, 2017 Opinion or Order Filing 453 LETTER MOTION for Conference and Evidentiary Hearing, and in Opposition to Motion to De-Designate Confidential Testimony addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 11/30/17. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
November 1, 2017 Opinion or Order Filing 452 LETTER addressed to Magistrate Judge Katharine H. Parker from John J. Kenney dated October 26, 2017 re: Rakishev Transcript. Document filed by Ilyas Khrapunov, Viktor Khrapunov. (Attachments: #1 A, #2 B, #3 C)(Kenney, John)
October 19, 2017 Opinion or Order Filing 451 MEMO ENDORSED on re: #448 Letter filed by Ilyas Khrapunov, Viktor Khrapunov. ENDORSEMENT: The Court hereby confirms Croddclaim Defendants understanding. The Khrapunovs Answer to the Second Amended Crossclaims shall be due within fourteen (14) days of the Court's ruling on Counts 8,9, and 10. So Ordered (Signed by Judge Alison J. Nathan on 10/19/2017) (js)
October 19, 2017 Opinion or Order Filing 450 ORDER GRANTING LEAVE TO DEPOSE PRISONER #449 Letter Motion for Discovery. IT IS ORDERED pursuant to Federal Rule of Civil Procedure 30(a)(2)(B), that Plaintiffs be and are granted leave to take the deposition of Luigi Rosabianca, a prisoner within the custody of the New York State Department of Corrections and Community Supervision, and is assigned by the New York State Department of Corrections and Community Supervision identification number 16R1912, and is presently incarcerated at the State Prison of New York in the town of Altona, Clinton County. IT IS FURTHER ORDERED that the deposition of witness Luigi Rosabianca may be taken pursuant to the attached deposition subpoena, or at such other date, time, or place as may be designated by the Plaintiffs by serving an amended subpoena, without need for further order or leave of the Court. The Warden or other official in charge is ordered to produce Luigi Rosabianca for purposes of participating in the aforementioned deposition. So Ordered. (Signed by Magistrate Judge Katharine H. Parker on 10/19/17) (yv)
October 18, 2017 Opinion or Order Filing 449 LETTER MOTION for Discovery Requesting Leave to Depose a Prisoner, Luigi Rosabianca addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 10/18/2017. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Schwartz, Matthew)
October 18, 2017 Opinion or Order Filing 448 LETTER addressed to Judge Alison J. Nathan from John P. Curley dated October 18, 2017 re: Time to Serve Answer to the Second Amended Crossclaims. Document filed by Ilyas Khrapunov, Viktor Khrapunov.(Curley, John)
October 18, 2017 Opinion or Order Filing 447 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Discovery Hearing proceeding held on 10/4/2017 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.(rro)
October 18, 2017 Opinion or Order Filing 446 TRANSCRIPT of Proceedings re: Discovery Hearing held on 10/4/2017 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/8/2017. Redacted Transcript Deadline set for 11/20/2017. Release of Transcript Restriction set for 1/16/2018.(rro)
October 17, 2017 Opinion or Order Filing 445 ANSWER to #433 Amended Crossclaim,. Document filed by Triadou SPV S.A..(Skakel, Deborah)
October 16, 2017 Opinion or Order Filing 444 ORDER: In light of the extension of the discovery schedule in the above-captioned matter approved by the United States Magistrate Judge on October 13, 2017, Dkt. No. 443, the status conference currently scheduled for December 15, 2017 is hereby ADJOURNED to February 23, 2018 at 3:00 PM. (Signed by Judge Alison J. Nathan on 10/16/2017) (mml)
October 13, 2017 Opinion or Order Filing 443 MEMO ENDORSEMENT on re: #442 Letter filed by City of Almaty, BTA Bank JSC. ENDORSEMENT: Application Granted. The proposed discovery schedule is hereby adopted. (Signed by Magistrate Judge Katharine H. Parker on 10/13/2017) (mro)
October 13, 2017 Opinion or Order Set/Reset Deadlines: Expert Discovery due by 4/6/2018. Fact Discovery due by 2/9/2018. (mro)
October 13, 2017 Opinion or Order Filing 442 LETTER addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 10/13/2017 re: Extension of Discovery Deadlines. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
October 11, 2017 Opinion or Order Filing 441 SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support re: #231 MOTION to Dismiss the Amended Crossclaims. . Document filed by Ilyas Khrapunov, Viktor Khrapunov. (Attachments: #1 Exhibit Maggs Declaration, #2 Exhibit Article)(Curley, John)
October 10, 2017 Opinion or Order Filing 440 SEALED DOCUMENT placed in vault.(rz)
October 10, 2017 Opinion or Order Filing 439 ORDER granting #435 Letter Motion for Discovery. APPLICATION GRANTED. Per FRCP 26(b)(1), deposition questions must be limited to nonprivileged matters that are relevant to the claims and defenses in this action and proportional to the needs of this case. Pursuant to FRCP 30(c)(3), the Court reminds the parties that a deposition may be suspended if there is a colorable basis to believe it is being conducted in bad faith or in a manner that unreasonably annoys, embarrasses, or oppresses the deponent. (Signed by Magistrate Judge Katharine H. Parker on 10/10/2017) (mro)
October 10, 2017 Opinion or Order Filing 437 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a telephone conference proceeding held on 9/8/2017 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.(rro)
October 10, 2017 Opinion or Order Filing 436 TRANSCRIPT of Proceedings re: telephone conference held on 9/8/2017 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/31/2017. Redacted Transcript Deadline set for 11/13/2017. Release of Transcript Restriction set for 1/8/2018.(rro)
October 6, 2017 Opinion or Order Filing 435 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - EMERGENCY LETTER MOTION for Discovery Protective Order for the deposition of Kenges Rakishev on October 11, 2017, addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated October 6, 2017. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Schwartz, Matthew) Modified on 12/15/2017 (ldi).
October 6, 2017 Opinion or Order Filing 434 SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Opposition re: #227 MOTION to Dismiss the Amended Crossclaims., #231 MOTION to Dismiss the Amended Crossclaims. . Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Schwartz, Matthew)
October 5, 2017 Opinion or Order Filing 433 SECOND AMENDED CROSSCLAIM amending #219 Amended Crossclaim, against Mukhtar Ablyazov, Ilyas Khrapunov, Viktor Khrapunov, Triadou SPV S.A..Document filed by BTA Bank JSC, City of Almaty. Related document: #219 Amended Crossclaim,.(Schwartz, Matthew)
October 5, 2017 Opinion or Order Filing 432 ORDER SCHEDULING SETTLEMENT CONFERENCE, A settlement conference in this matter is scheduled for Wednesday, January 24, 2018 at 10:00 a.m. in Courtroom 17D, United States Courthouse, 500 Pearl Street, New York, New York. Parties must attend in person with their counsel. Corporate parties must send the person with decision making authority to settle the matter to the conference. To the extent any of the Individual Defendants are unable to travel to New York for the conference, counsel shall request permission for their client to appear telephonically, as well as submit the appropriate electronic device requests, by no later than January 17, 2018. Pre-conference submissions must be received by the Court no later than January 17, 2018 by 5:00 p.m. SO ORDERED. (Settlement Conference set for 1/24/2018 at 10:00 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 10/5/17) (yv) Modified on 10/5/2017 (yv). Modified on 10/6/2017 (yv).
October 4, 2017 Opinion or Order Filing 438 Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Discovery Hearing held on 10/4/2017: Discovery Rulings on record - See transcript for details.A transcript of this proceeding is available by utilizing the attached order form. (ca)
September 29, 2017 Opinion or Order Filing 431 LETTER RESPONSE in Support of Motion addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 9/26/2017 re: #419 LETTER MOTION to Compel Ilyas Khrapunov & Triadou SPV S.A. to Produce Documents addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 9/21/17. . Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Schwartz, Matthew)
September 29, 2017 Opinion or Order Filing 430 MEMO ENDORSEMENT on re: #427 Letter, filed by Triadou SPV S.A. ENDORSEMENT: APPLICATION GRANTED. Plaintiffs are directed to file their reply in further support of their letter motion to compel on ECF with Exhibit 1 redacted. The Court will place Exhibit 1 under seal. The parties are directed to this Court's new procedures for requests to file under seal. 9/29/2017. (Signed by Magistrate Judge Katharine H. Parker on 9/29/2017) (anc)
September 29, 2017 Opinion or Order Transmission to Sealed Records Clerk. Transmitted re: #430 Memo Endorsement to the Sealed Records Clerk for the sealing or unsealing of document or case. (anc)
September 28, 2017 Opinion or Order Filing 429 ORDER granting #428 Letter Motion to Adjourn Conference. APPLICATION GRANTED: The telephone conference currently scheduled for Friday, September 29, 2017 at 12:00 p.m. is hereby consolidated into the additionally scheduled telephone conference on Wednesday, October 4, 2017 at 5:00 p.m. Counsel for the parties are directed to call Judge Parker's Chambers on Wednesday, October 4, 2017 at 5:00 p.m. with counsel for all parties on the line. Please dial 212-805-0234. Application Granted. (Telephone Conference set for 10/4/2017 at 05:00 PM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 9/28/17) (yv)
September 27, 2017 Opinion or Order Filing 428 LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 09/27/2017. Document filed by Triadou SPV S.A..(Skakel, Deborah)
September 27, 2017 Opinion or Order Filing 427 LETTER addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 09/27/2017 re: Filing Under Seal Exhibit 1 to City of Almaty's and BTA Bank's reply in futher support of their letter-motion to compel the production of certain e-mail accounts.. Document filed by Triadou SPV S.A..(Skakel, Deborah)
September 26, 2017 Opinion or Order Filing 426 AMENDED MEMORANDUM & ORDER: For the foregoing reasons, Triadou's motion to dismiss for lack of subject matter jurisdiction is DENIED, the Kazakh Entities' motion for joinder of FBME is DENIED, the Individual Defendants' motions to dismiss Counts 6, 7, and 12 are DENIED, and the Individual Defendants' motion to dismiss Count 11 is GRANTED. While denying at this juncture the Individual Defendants' motions to dismiss Counts 8, 9, and 10 as to the sufficiency of the pleadings, the Court will consider supplemental briefing on the applicable statutes of limitation. If the statutes of limitation are not longer than three years, these claims will also be dismissed. The Kazakh Entities' supplemental brief is due within ten days of the issuance of this Memorandum and Order, and shall be no longer than five pages. The Individual Defendants may reply within five days in a brief of no longer than three pages. Viktor Khrapunov's motion to dismiss the claims against him for lack of personal jurisdiction is DENIED without prejudice to renew his claims following jurisdictional discovery, which is referred to Magistrate Judge Parker. Triadou' s application to strike paragraph 199 of the Amended Crossclaims is GRANTED, and the Kazakh Entities are directed to file revised amended crossclaims consistent with this Memorandum and Order within seven business days of its issuance. This resolves Dkt. Nos. 216, 227, 231, and 268. SO ORDERED. (Signed by Judge Alison J. Nathan on 9/26/2017) (mml)
September 26, 2017 Opinion or Order Filing 425 ORDER: Yesterday, the Court issued a Memorandum and Order deciding numerous motions to dismiss, a motion for joinder, and a motion to strike. See Dkt. No. 423. While correctly stated in section II.C.2.f, the Conclusion erroneously listed the motion to dismiss Count 10 (Constructive Trust) as granted when it should have stated that the motion to dismiss Count 11 (CPLR 5239) was granted. Final resolution of the issue raised as to Count 10 is pending supplemental briefing. An amended Memorandum and Order, making this correction, will be docketed today. SO ORDERED. (Signed by Judge Alison J. Nathan on 9/26/2017) (mml)
September 25, 2017 Opinion or Order Filing 424 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated September 25, 2017 re: #419 LETTER MOTION to Compel Ilyas Khrapunov & Triadou SPV S.A. to Produce Documents addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 9/21/17. . Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Skakel, Deborah)
September 25, 2017 Opinion or Order Filing 423 MEMORANDUM & ORDER denying #216 Motion for Joinder; granting in part and denying in part #227 Motion to Dismiss; denying without prejudice #231 Motion to Dismiss. For the foregoing reasons, Triadou's motion to dismiss for lack of subject matter jurisdiction is DENIED, the Kazakh Entities' motion for joinder of FBME is DENIED, the Individual Defendants' motions to dismiss Counts 6, 7, and 12 are DENIED, and the Individual Defendants' motion to dismiss Count 10 is GRANTED. While denying at this juncture the Individual Defendants' motions to dismiss Counts 8, 9, and 10 as to the sufficiency of the pleadings, the Court will consider supplemental briefing on the applicable statutes of limitation. If the statutes of limitation are not longer than three years, these claims will also be dismissed. The Kazakh Entities' supplemental brief is due within ten days of the issuance of this Memorandum and Order, and shall be no longer than five pages. The Individual Defendants may reply within five days in a brief of no longer than three pages. Viktor Khrapunov's motion to dismiss the claims against him for lack of personal jurisdiction is DENIED without prejudice to renew his claims following jurisdictional discovery, which is referred to Magistrate Judge Parker. Triadou's application to strike paragraph 199 of the Amended Crossclaims is GRANTED, and the Kazakh Entities are directed to file revised amended crossclaims consistent with this Memorandum and Order within seven business days of its issuance. This resolves Dkt. Nos. 216, 227, 231, and 268. (Signed by Judge Alison J. Nathan on 9/25/2017) (mml)
September 25, 2017 Opinion or Order Filing 422 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from John J. Kenney dated September 25, 2017 re: #419 LETTER MOTION to Compel Ilyas Khrapunov & Triadou SPV S.A. to Produce Documents addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 9/21/17. . Document filed by Ilyas Khrapunov, Viktor Khrapunov. (Kenney, John)
September 25, 2017 Opinion or Order Filing 421 ORDER SCHEDULING TELEPHONE CONFERENCE, A telephone Discovery Conference will be held on Friday, September 29, 2017 at 12:00 p.m. Counsel for all parties are directed to call Judge Parker's chambers at 12:00 p.m. on September 29, 2017 with all parties on the line. Please dial 212-805-0234. SO ORDERED. (Telephone Conference set for 9/29/2017 at 12:00 PM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 9/25/17) (yv)
September 21, 2017 Opinion or Order Filing 420 ORDER denying #399 Letter Motion to Compel. Plaintiffs' motion to compel Ablyazov to travel to New York, the United Kingdom, or Spain to be deposed also is denied. The Clerk is respectfully directed to terminate the motion pending at Docket No. 399. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 9/21/17) (yv)
September 21, 2017 Opinion or Order Filing 419 LETTER MOTION to Compel Ilyas Khrapunov & Triadou SPV S.A. to Produce Documents addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 9/21/17. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Schwartz, Matthew)
September 8, 2017 Opinion or Order Filing 418 ORDER denying #389 Motion for Reconsideration. For the above mentioned reasons, the motion for reconsideration is DENIED. Further, to avoid on going disputes regarding the hacked documents, and in light of the Kazakh Entities' lack of clarity regarding the universe of hacked documents, the Khrapunovs shall provide the Bates Numbers of all documents produced by them that they contend were downloaded from the Kazaword website and constitute hacked documents, and as further set forth herein. (Signed by Magistrate Judge Katharine H. Parker on 9/8/2017) (ras)
September 8, 2017 Opinion or Order Filing 417 ORDER SCHEDULING TELEPHONE CONFERENCE re: #400 LETTER MOTION to Compel The City of Almaty and BTA Bank to produce their main witness, Nocolas Bourg, for deposition in New York addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated August 3,2017. filed by Triadou SPV S.A. A telephone conference will be held on Wednesday, October 4, 2017 at 5:00 p.m. to address Plaintiffs' motion for Defendant Ablyazov to sit for deposition in New York, Spain, or the United Kingdom. (Doc. No. 399.) The Court will also address any other pending discovery disputes at that time. Counsel for all parties and Defendant Ablyazov himself (if no attorney is yet retained) are directed to call Judge Parker's chambers on one line. Please dial 212-805-0234. SO ORDERED., (Telephone Conference set for 10/4/2017 at 05:00 PM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 9/8/17) (yv)
September 8, 2017 Opinion or Order Filing 416 Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Discovery Conference held on 9/8/2017. Discovery conference held concerning Letters re: Bourg Deposition (Docket nos. 412, 414, 415). Plaintiffs, the Khrapanovs and Triadou shall each be allocated 1/3 of the time allotted to Bourg's deposition. Plaintiffs may reserve some of their time for re-direct. Plaintiffs shall question Bourg first, followed by defendants as discussed during the conference. Please see transcript for further directions and rulings. A copy of the transcript is available by utilizing the attached order form. (ca)
September 7, 2017 Opinion or Order ***STRICKEN DOCUMENT. Deleted document number 413 from the case record. The document was stricken from this case pursuant to #469 Order Striking Document from Record,. (yv) Modified on 11/20/2017 (yv).
September 7, 2017 Opinion or Order Filing 415 LETTER addressed to Magistrate Judge Katharine H. Parker from John J. Kenney dated September 6, 2017 re: Deposition of Nicolas Bourg. Document filed by Ilyas Khrapunov, Viktor Khrapunov.(Kenney, John)
September 7, 2017 Opinion or Order Filing 414 LETTER addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 9/6/17 re: Response to Letter Filed by the City of Almaty and BTA Bank Seeking Clarification of the Court's Order dated September 1, 2017. Document filed by Triadou SPV S.A..(Skakel, Deborah)
September 7, 2017 Opinion or Order Filing 413 ***STRICKEN DOCUMENT. Deleted document number 413 from the case record. The document was stricken from this case pursuant to #469 Order Striking Document from Record,. (yv) LETTER addressed to Magistrate Judge Katharine H. Parker from Peter J. Sahlas, dated 9/5/17 re: Peter J. Sahlas, acting as an intermediary as a courtesy to the parties and the Court and not representing Mr. Ablyazov, submits this letter to the Court with attached Ablyazov's Response to the Crossclaim Plaintiff's First Interrogatories of Mukhtar Ablyazov served on counsel of record for Mukhtar Ablyazov, Viktor Khrapunov, Ilyas Khrapunov and Triadou SPV S.A. on 6/29/17. Document filed by Mukhtar Ablyazov.(sc) Modified on 11/20/2017 (yv).
September 6, 2017 Opinion or Order Filing 412 MEMO ENDORSEMENT on re: #411 Letter Request for Clarification of The Court's 9/1/17 Order, filed by City of Almaty, BTA Bank JSC. ENDORSEMENT: The parties are requested to call the Court with counsel for all parties on the line at 9:30 a.m. on Friday September 8, 2017. Please dial 212-805-0234. The Court will address the allocation of deposition time on the call. So Ordered., (Telephone Conference set for 9/8/2017 at 09:30 AM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 9/6/17) (yv)
September 6, 2017 Opinion or Order Filing 411 LETTER addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 9/6/2017 re: Request for Clarification of The Court's 9/1/17 Order. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit 1)(Schwartz, Matthew)
September 6, 2017 Opinion or Order Filing 410 ENDORSED LETTER addressed to Magistrate Judge Katharine H. Parker from Peter J. Sahlas dated 9/1/17 re: request for an extension. ENDORSEMENT: Application Granted. Defendant Ablyazov shall file his opposition to Plaintiffs' motion (doc. no. 399) by September 5, 2017. Defendant Ablyazov is further directed to provide this Court with a mailing address for future Court orders. Further, per the Court's order dated August 8, 2017 (doc. no. 393), Kobre & Kim LLP shall deliver a copy of this order to Defendant Ablyazov. So Ordered., (Responses due by 9/5/2017) (Signed by Magistrate Judge Katharine H. Parker on 9/6/17) (yv)
September 1, 2017 Opinion or Order Filing 409 ORDER denying without prejudice #400 Letter Motion to Compel. Triadou's motion is denied without prejudice. Further, given Triadou's apparent agreement to take Bourg's deposition in London, the fact that Bourg resides in Europe and is a non-party, and in light of the fact that his deposition may be taken in London pursuant to the Federal Rules of Civil Procedure, there is no reason for this Court to compel his deposition in New York at this time. Plaintiffs are warned, however, that a cancellation by Bourg of the September 11-12 deposition in London will not be viewed favorably by this Court. Triadou also has requested that it be permitted at least seven hours to examine the witness (plus additional time to account for translation), separate from any time Almaty/BTA may seek. Given that Bourg is scheduled to be deposed over two days, this Court grants Triadou's request to depose Bourg for up to seven hours. Finally, Triadou requests that if Almaty/BTA cannot produce Bourg, that his testimony and any sworn statements be precluded from introduction at trial. This request is premature and therefore denied. Any requests concerning trial evidence should be directed to the Hon. Alison J. Nathan, who will preside over the trial in this matter. The Clerk is directed to terminate the motions at Docket No. 400 and 408. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 9/1/17) (yv)
August 31, 2017 Opinion or Order Filing 408 LETTER addressed to Magistrate Judge Katharine H. Parker from John J. Kenney dated August 8, 2017 re: Triadou's Motion to Compel the Deposition of Nicholas Bourg. Document filed by Ilyas Khrapunov, Viktor Khrapunov.(Kenney, John)
August 31, 2017 Opinion or Order Filing 407 SEALED DOCUMENT placed in vault.(mps)
August 31, 2017 Opinion or Order Filing 406 ENDORSED LETTER addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 8/8/17 re: request that the Court accept for filing certain documents under seal. ENDORSEMENT: APPLICATION GRANTED: The parties shall file redacted versions the docket. Application granted. (Signed by Magistrate Judge Katharine H. Parker on 8/31/17) (yv)
August 31, 2017 Opinion or Order Filing 405 SEALED DOCUMENT placed in vault.(rz)
August 31, 2017 Opinion or Order Filing 404 SEALED DOCUMENT placed in vault.(rz)
August 31, 2017 Opinion or Order Filing 403 SEALED DOCUMENT placed in vault.(rz)
August 31, 2017 Opinion or Order Filing 402 LETTER REPLY to Response to Motion addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated August 10,2017 re: #400 LETTER MOTION to Compel The City of Almaty and BTA Bank to produce their main witness, Nocolas Bourg, for deposition in New York addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated August 3,2017. . Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit M)(Skakel, Deborah)
August 30, 2017 Opinion or Order Filing 401 MEMORANDUM OF LAW in Opposition re: #400 LETTER MOTION to Compel The City of Almaty and BTA Bank to produce their main witness, Nocolas Bourg, for deposition in New York addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated August 3,2017. . Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Schwartz, Matthew)
August 30, 2017 Opinion or Order Filing 400 LETTER MOTION to Compel The City of Almaty and BTA Bank to produce their main witness, Nocolas Bourg, for deposition in New York addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated August 3,2017. Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Skakel, Deborah)
August 29, 2017 Opinion or Order Filing 399 LETTER MOTION to Compel Mukhtar Ablyazov to respond to interrogatories and appear for a deposition addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 8/29/2017. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Schwartz, Matthew)
August 11, 2017 Opinion or Order Filing 397 REPLY MEMORANDUM OF LAW in Support re: #389 MOTION for Reconsideration re; #369 Order on Motion for Discovery, Order on Motion to Seal Document,,,, . . Document filed by Ilyas Khrapunov, Viktor Khrapunov. (Kenney, John)
August 9, 2017 Opinion or Order Filing 396 MEMORANDUM OF LAW in Opposition re: #389 MOTION for Reconsideration re; #369 Order on Motion for Discovery, Order on Motion to Seal Document,,,, . . Document filed by BTA Bank JSC, City of Almaty. (Schwartz, Matthew)
August 8, 2017 Opinion or Order Filing 395 REPLY MEMORANDUM OF LAW in Support re: #389 MOTION for Reconsideration re; #369 Order on Motion for Discovery, Order on Motion to Seal Document,,,, . . Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Skakel, Deborah)
August 8, 2017 Opinion or Order Filing 394 MEMORANDUM OF LAW in Opposition re: #334 MOTION for Reconsideration re; #330 Order on Motion for Discovery, Order on Motion for Conference,,,, . . Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Schwartz, Matthew)
August 8, 2017 Opinion or Order Filing 393 ORDER granting #351 Motion to Withdraw as Attorney. It is hereby ORDERED that Kobre & Kim LLP's Motion to Withdraw as Counsel for Mr. Ablyazov is GRANTED; and it is further ORDERED that Kobre & Kim LLP will remain Mr. Ablyazov's agent solely for the purpose of receiving service of Court papers in this litigation, which shall be accomplished by sending those papers via email to jonathan.cogan@kobrekim.com, beau.barnes@kobrekim.com and rebecca.mangold@kobrekim.com, unless and until Mr. Ablyazov has retained new counsel in this litigation. SO ORDERED. (Attorney Jonathan David Cogan terminated.) (Signed by Magistrate Judge Katharine H. Parker on 8/8/17) (yv)
August 7, 2017 Opinion or Order Filing 398 MEMORANDUM AND ORDER denying #334 Motion for Reconsideration re #330 Order on Motion for Discovery, Order on Motion for Conference. Triadou's motion for reconsideration of the Court's June 7, 2017 Order compelling Gillieron for deposition in New York under Federal Rule 30(a)(1) is DENIED. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 8/7/17) (yv) Modified on 9/26/2017 (yv).
August 3, 2017 Opinion or Order Filing 392 ORDER granting #385 Letter Motion for Leave to File Excess Pages. APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 8/3/2017) (cf)
August 3, 2017 Opinion or Order LETTERS ROGATORY ISSUED on August 3, 2017, and picked up by Boies, Schiller & Flexner LLP and to be served in Switzerland, London and France. (km)
August 2, 2017 Opinion or Order Filing 391 MEMO ENDORSEMENT on re: #364 Letter re: Proposed Hague Requests to Switzerland, France, and the United Kingdom denying #367 Letter Motion for Extension of Time to File Response/Reply. ENDORSEMENT: The Kazakh Entities' request that the Court issue the Hague Convention Requests for International Judicial Assistance to the Central Authorities of Switzerland, the United Kingdom, and France, is hereby GRANTED for the reasons stated in the letter. Defendant Ablyazov's request for an extension of time to respond to the letter, Dkt. No. 367, is DENIED for the reasons stated in the Kazakh Entities' letter of July 27, 2017. Dkt. No. 368. This Order resolves Dkt. No. 367. (Signed by Judge Alison J. Nathan on 8/2/2017) (mml)
August 2, 2017 Opinion or Order Filing 390 MEMORANDUM OF LAW in Support re: #389 MOTION for Reconsideration re; #369 Order on Motion for Discovery, Order on Motion to Seal Document,,,, . . Document filed by Ilyas Khrapunov, Viktor Khrapunov. (Miller, Jeffrey)
August 2, 2017 Opinion or Order Filing 389 MOTION for Reconsideration re; #369 Order on Motion for Discovery, Order on Motion to Seal Document,,,, . Document filed by Ilyas Khrapunov, Viktor Khrapunov.(Miller, Jeffrey)
August 2, 2017 Opinion or Order Filing 388 NOTICE OF APPEARANCE by Jeffrey Alan Miller on behalf of Ilyas Khrapunov, Viktor Khrapunov. (Miller, Jeffrey)
August 1, 2017 Opinion or Order Filing 387 DECLARATION of Jonathan D. Cogan in Support re: #351 MOTION for JONATHAN D. COGAN to Withdraw as Attorney .. Document filed by Mukhtar Ablyazov. (Cogan, Jonathan)
August 1, 2017 Opinion or Order Filing 386 LETTER RESPONSE in Support of Motion addressed to Magistrate Judge Katharine H. Parker from Jonathan D. Cogan dated August 01, 2017 re: #351 MOTION for JONATHAN D. COGAN to Withdraw as Attorney . . Document filed by Mukhtar Ablyazov. (Attachments: #1 Text of Proposed Order)(Cogan, Jonathan)
August 1, 2017 Opinion or Order Filing 385 LETTER MOTION for Leave to File Excess Pages /one page enlargement for a letter-motion to compel the deposition of Nicolas Bourg addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated August 1,2017. Document filed by Triadou SPV S.A..(Skakel, Deborah)
August 1, 2017 Opinion or Order Filing 384 ORDER granting #374 Letter Motion for Leave to File Excess Pages. Each side is permitted 2 additional pages of briefing. (HEREBY ORDERED by Magistrate Judge Katharine H. Parker)(Text Only Order) (Parker, Katharine)
July 31, 2017 Opinion or Order Filing 383 SEALED DOCUMENT placed in vault.(rz)
July 31, 2017 Opinion or Order Filing 382 SEALED DOCUMENT placed in vault.(rz)
July 31, 2017 Opinion or Order Filing 381 SEALED DOCUMENT placed in vault.(rz)
July 31, 2017 Opinion or Order Filing 380 SEALED DOCUMENT placed in vault.(rz)
July 31, 2017 Opinion or Order Filing 379 SEALED DOCUMENT placed in vault.(rz)
July 31, 2017 Opinion or Order Filing 378 SEALED DOCUMENT placed in vault.(rz)
July 31, 2017 Opinion or Order Filing 377 SEALED DOCUMENT placed in vault.(rz)
July 31, 2017 Opinion or Order Filing 376 SEALED DOCUMENT placed in vault.(rz)
July 31, 2017 Opinion or Order Filing 375 SEALED DOCUMENT placed in vault.(rz)
July 31, 2017 Opinion or Order Filing 374 LETTER MOTION for Leave to File Excess Pages addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated July 31,2017. Document filed by Triadou SPV S.A..(Skakel, Deborah)
July 31, 2017 Opinion or Order Filing 373 SEALED DOCUMENT placed in vault.(rz)
July 31, 2017 Opinion or Order Filing 372 SEALED DOCUMENT placed in vault.(rz)
July 31, 2017 Opinion or Order Filing 371 SEALED DOCUMENT placed in vault.(rz)
July 31, 2017 Opinion or Order Filing 370 SEALED DOCUMENT placed in vault.(rz)
July 28, 2017 Opinion or Order Filing 369 MEMORANDUM AND ORDER denying #354 Letter Motion for Discovery; granting in part and denying in part #355 Motion to Seal Document. The motion to reopen and continue the deposition of Nurgabylov at Plaintiffs' expense is DENIED, and the motion for a protective order is GRANTED IN PART and DENIED IN PART in accordance with the above. The Court is respectfully directed to terminate the motions pending at document numbers 354 and 355, and as further set forth in this order. (Signed by Magistrate Judge Katharine H. Parker on 7/19/2017) (ras)
July 27, 2017 Opinion or Order Filing 368 LETTER RESPONSE in Opposition to Motion addressed to Judge Alison J. Nathan from Matthew L. Schwartz dated 7/27/2017 re: #367 LETTER MOTION for Extension of Time to File Response/Reply as to #364 Letter, addressed to Judge Alison J. Nathan from Jonathan D. Cogan dated 7/27/2017. . Document filed by BTA Bank JSC, City of Almaty. (Schwartz, Matthew)
July 27, 2017 Opinion or Order Filing 367 LETTER MOTION for Extension of Time to File Response/Reply as to #364 Letter, addressed to Judge Alison J. Nathan from Jonathan D. Cogan dated 7/27/2017. Document filed by Mukhtar Ablyazov.(Cogan, Jonathan)
July 27, 2017 Opinion or Order Filing 366 ORDER granting #365 Letter Motion for Leave to File Document (HEREBY ORDERED by Magistrate Judge Katharine H. Parker)(Text Only Order) (Parker, Katharine)
July 26, 2017 Opinion or Order Filing 365 LETTER MOTION for Leave to File Letter addressed to Magistrate Judge Katharine H. Parker from Jonathan D. Cogan dated July 26, 2016. Document filed by Mukhtar Ablyazov.(Cogan, Jonathan)
July 25, 2017 Opinion or Order Filing 364 LETTER addressed to Judge Alison J. Nathan from Matthew L. Schwartz dated 7/25/2017 re: Proposed Hague Requests to Switzerland, France, and the United Kingdom. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Schwartz, Matthew)
July 25, 2017 Opinion or Order Filing 363 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a discovery hearing proceeding held on 7/13/2017 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.(rro)
July 25, 2017 Opinion or Order Filing 362 TRANSCRIPT of Proceedings re: Discovery Hearing held on 7/13/2017 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/15/2017. Redacted Transcript Deadline set for 8/25/2017. Release of Transcript Restriction set for 10/23/2017.(rro)
July 24, 2017 Opinion or Order Filing 361 RESPONSE in Opposition to Motion re: #351 MOTION for JONATHAN D. COGAN to Withdraw as Attorney . . Document filed by BTA Bank JSC, City of Almaty. (Schwartz, Matthew)
July 19, 2017 Opinion or Order Filing 360 LETTER addressed to Magistrate Judge Katharine H. Parker from John J. Kenney dated July 18, 2017 re: Response to the July 17, 2017 Letter of Plaintiffs Offering Additional Authority. Document filed by Ilyas Khrapunov, Viktor Khrapunov.(Brooks, Katelyn)
July 19, 2017 Opinion or Order Filing 359 LETTER addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 7/17/2017 re: Response to the July 12, 2017 Letter of Defendants Ilyas & Viktor Khrapunov and Offering Additional Authority. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
July 19, 2017 Opinion or Order Filing 358 LETTER addressed to Magistrate Judge Katharine H. Parker from John J. Kenney dated July 12, 2017 re: Reply to the July 5, 2017 Response to the June 27, 2017 Letter Motion to Compel the Continued Deposition of Nurlan Nurgabylov and Opposition to Cross-Motion for a Protective Order. Document filed by Ilyas Khrapunov, Viktor Khrapunov. (Attachments: #1 Exhibit A (part 1), #2 Exhibit A (part 2), #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F (part 1), #8 Exhibit F (part 2), #9 Exhibit G (part 1), #10 Exhibit G (part 2), #11 Exhibit H, #12 Exhibit I, #13 Exhibit J)(Brooks, Katelyn)
July 19, 2017 Opinion or Order Filing 357 MEMO ENDORSEMENT with respect to #351 Motion to Withdraw as Attorney. ENDORSEMENT: Objections to this motion, if any, shall be filed by July 26, 2017. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 7/19/2017) (anc)
July 19, 2017 Opinion or Order Filing 356 LETTER addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 7/5/2017 re: Response to the June 27, 2017 Letter Motion to Compel the Continued Deposition of Nurlan Nurgabylov and Cross-Moving for a Protective Order Barring the Use of Stolen Documents in this Action. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Schwartz, Matthew)
July 19, 2017 Opinion or Order Filing 355 LETTER MOTION to Seal Document to file in Redacted Form the Letter Motion to Compel the Continued Deposition of Nurlan Nurgabylov addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 7/5/2017. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit A, #2 Exhibit B)(Schwartz, Matthew)
July 19, 2017 Opinion or Order Filing 354 LETTER MOTION for Discovery /Letter Motion to Compel the Continued Deposition of Nurlan Nurgabylov addressed to Magistrate Judge Katharine H. Parker from John J. Kenney dated June 27, 2017. Document filed by Ilyas Khrapunov, Viktor Khrapunov. (Attachments: #1 Exhibit A)(Brooks, Katelyn)
July 19, 2017 Opinion or Order Set/Reset Deadlines: Responses due by 7/26/2017. (anc)
July 18, 2017 Opinion or Order Filing 353 MEMO ENDORSEMENT denying #344 Motion to Seal Document #344 LETTER MOTION to Seal Document ; to Seal the Letter Motion to Request an Order Removing the "Confidential" Designation from the Settlement Agreement, etc. addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel da, #345 LETTER MOTION for Discovery /Letter Motion to Request an Order Removing the "Confidential" Designation from the Settlement Argeement, etc. addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 6/16/17. ; denying #345 Letter Motion for Discovery. A discovery conference was held on Thursday, July 13, 2017 at 2:00 p.m. to address Triadou SPV S.A.'s motion to remove a confidential designation under the parties' protective order. (Doc. Nos. 344-345). For the reasons set forth on the record, Triadou's motion is denied. The Clerk is respectfully directed to terminate the motion pending at document numbers 344 and 345. (Signed by Magistrate Judge Katharine H. Parker on 7/18/2017) (rj) Modified on 7/27/2017 (rj).
July 18, 2017 Opinion or Order Filing 352 DECLARATION of Jonathan D. Cogan in Support re: #351 MOTION for JONATHAN D. COGAN to Withdraw as Attorney .. Document filed by Mukhtar Ablyazov. (Cogan, Jonathan)
July 18, 2017 Opinion or Order Filing 351 MOTION for JONATHAN D. COGAN to Withdraw as Attorney . Document filed by Mukhtar Ablyazov.(Cogan, Jonathan)
July 17, 2017 Opinion or Order Filing 350 LETTER REPLY to Response to Motion addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 6/23/17 re: #345 LETTER MOTION for Discovery /Letter Motion to Request an Order Removing the "Confidential" Designation from the Settlement Argeement, etc. addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 6/16/17. (Reply to Opposition by CF 135 West Member LLC, CF 135 Flat LLC, The Chetrit Group LLC and Joseph Chetrit - Dkt. 347). Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit F)(Skakel, Deborah)
July 17, 2017 Opinion or Order Filing 349 LETTER REPLY to Response to Motion addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 6/23/17 re: #345 LETTER MOTION for Discovery /Letter Motion to Request an Order Removing the "Confidential" Designation from the Settlement Argeement, etc. addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 6/16/17. (Reply to Opposition by the City of Almaty and BTA Bank - Dkt. 346). Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit E)(Skakel, Deborah)
July 17, 2017 Opinion or Order Filing 348 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from David Salhanick, Esq. dated 6/22/2017 re: #345 LETTER MOTION for Discovery /Letter Motion to Request an Order Removing the "Confidential" Designation from the Settlement Argeement, etc. addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 6/16/17. CORRECTED. Document filed by CF 135 Flat LLC, CF 135 West Members LLC, Joseph Chetrit, Chetrit Group LLC. (Attachments: #1 Exhibit A)(Salhanick, David)
July 17, 2017 Opinion or Order Filing 347 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #348 Letter Response) - LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from David Salhanick, Esq. dated 6/22/2017 re: #345 LETTER MOTION for Discovery /Letter Motion to Request an Order Removing the "Confidential" Designation from the Settlement Argeement, etc. addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 6/16/17. . Document filed by CF 135 Flat LLC, CF 135 West Members LLC, Joseph Chetrit, Chetrit Group LLC. (Attachments: #1 Exhibit Exhibit A)(Salhanick, David) Modified on 7/18/2017 (db).
July 17, 2017 Opinion or Order Filing 346 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 6/21/2017 re: #345 LETTER MOTION for Discovery /Letter Motion to Request an Order Removing the "Confidential" Designation from the Settlement Argeement, etc. addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 6/16/17. . Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Schwartz, Matthew)
July 17, 2017 Opinion or Order Filing 345 LETTER MOTION for Discovery /Letter Motion to Request an Order Removing the "Confidential" Designation from the Settlement Argeement, etc. addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 6/16/17. Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Skakel, Deborah)
July 17, 2017 Opinion or Order Filing 344 LETTER MOTION to Seal Document ; to Seal the Letter Motion to Request an Order Removing the "Confidential" Designation from the Settlement Agreement, etc. addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 6/16/17. Document filed by Triadou SPV S.A..(Skakel, Deborah)
July 13, 2017 Opinion or Order Filing 343 Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Discovery Hearing held on 7/13/2017: See transcript for details.A transcript of this proceeding is available by utilizing the attached order form or following the court website link:http://nysd.uscourts.gov/file/forms/electronic-court-recording-transcript-request-form-ecr (ca)
July 12, 2017 Opinion or Order Filing 342 ORDER granting #341 Letter Motion for Extension of Time to File Response/Reply re #334 MOTION for Reconsideration re; #330 Order on Motion for Discovery, Order on Motion for Conference,. Application Granted. (Replies due by 7/17/2017.) (Signed by Magistrate Judge Katharine H. Parker on 7/12/17) (yv)
July 11, 2017 Opinion or Order Filing 341 LETTER MOTION for Extension of Time to File Response/Reply Brief in Support of its Motion For Reconsideration of the Court's June 7,2017 Order addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated July 11,2017. Document filed by Triadou SPV S.A..(Skakel, Deborah)
July 10, 2017 Opinion or Order Filing 340 ORDER granting #339 Letter Motion for Extension of Time to File Response/Reply. Application Granted. (Signed by Magistrate Judge Katharine H. Parker on 7/10/17) (yv)
July 7, 2017 Opinion or Order Filing 339 LETTER MOTION for Extension of Time to File Response/Reply to BTA/Almaty's Letter of July 5, 2017 addressed to Magistrate Judge Katharine H. Parker from John J. Kenney dated July 7, 2017. Document filed by Ilyas Khrapunov, Viktor Khrapunov.(Brooks, Katelyn)
June 27, 2017 Opinion or Order Filing 338 ORDER SCHEDULING DISCOVERY CONFERENCE: A conference will be held on Thursday, July 13, 2017 at 2:00 p.m. in Courtroom 17D, 500 Pearl Street, New York, New York to address the June 16, 2017 letter motion filed via email by Triadou SPV S.A. and regarding the lifting of confidentiality restrictions on certain documents covered by the Protective Order issued in this case. (Status Conference set for 7/13/2017 at 02:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 6/27/2017) (ras)
June 26, 2017 Opinion or Order Filing 337 MEMORANDUM AND ORDER denying #332 Letter Motion for Discovery. For the reasons stated above, Triadou's motion to compel production of documents is DENIED. Triadou's motion to compel the deposition of an Arcanum representative is DENIED without prejudice. The Clerk is respectfully directed to terminate the motion pending at document number 332. (Signed by Magistrate Judge Katharine H. Parker on 6/16/2017) (kgo) Modified on 6/26/2017 (kgo).
June 22, 2017 Opinion or Order Filing 336 MEMORANDUM OF LAW in Support re: #334 MOTION for Reconsideration re; #330 Order on Motion for Discovery, Order on Motion for Conference,,,, . . Document filed by Triadou SPV S.A.. (Skakel, Deborah)
June 22, 2017 Opinion or Order Filing 335 DECLARATION of Cesare Cerrito in Support re: #334 MOTION for Reconsideration re; #330 Order on Motion for Discovery, Order on Motion for Conference,,,, .. Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Skakel, Deborah)
June 22, 2017 Opinion or Order Filing 334 MOTION for Reconsideration re; #330 Order on Motion for Discovery, Order on Motion for Conference,,,, . Document filed by Triadou SPV S.A..(Skakel, Deborah)
June 22, 2017 Opinion or Order Filing 333 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated May 10, 2017 re: #332 LETTER MOTION for Discovery /for Order to Compel Production of Documents, etc. addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated May 5, 2017. . Document filed by BTA Bank JSC, City of Almaty. (Schwartz, Matthew)
June 21, 2017 Opinion or Order Filing 332 LETTER MOTION for Discovery /for Order to Compel Production of Documents, etc. addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated May 5, 2017. Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Skakel, Deborah)
June 19, 2017 Opinion or Order Filing 331 ORDER: In light of the extension of the discovery schedule in the above-captioned matter approved by the United States Magistrate Judge on June 16, 2017, Dkt. No. 329, the status conference currently scheduled for September 15, 2017 is hereby ADJOURNED to December 15, 2017 at 2:30 PM. (Case Management Conference set for 12/15/2017 at 02:30 PM before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 6/19/2017) (ras)
June 16, 2017 Opinion or Order Filing 330 MEMORANDUM AND ORDER denying #303 Letter Motion for Discovery; granting in part and denying in part #317 Letter Motion for Conference. The Kazakh Entities' motion to compel Ilyas Khrapunov's deposition outside of Switzerland is DENIED, the motion to compel the deposition of Marc Gillieron is GRANTED, and the motion to compel the deposition of Petr Krasnov is DENIED. The Clerk is respectfully directed to terminate the motions pending at document numbers 303 and 317. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 6/7/17) (yv) (Main Document 330 replaced on 8/25/2017) (yv).
June 16, 2017 Opinion or Order Filing 329 ORDER granting #328 Letter Motion for Extension of Time to Complete Discovery. APPLICATION GRANTED. Proposed discovery scheduled is hereby adopted. (Signed by Magistrate Judge Katharine H. Parker on 6/16/2017) (mro)
June 16, 2017 Opinion or Order Set/Reset Deadlines: Expert Discovery due by 12/8/2017. Fact Discovery due by 10/13/2017. (mro)
June 14, 2017 Opinion or Order Filing 328 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated June 14, 2017. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
May 23, 2017 Opinion or Order Filing 327 LETTER addressed to Judge Alison J. Nathan, from B. J. Fontaine, dated May 16, 2017, re: Letter of Request.(ap)
May 19, 2017 Opinion or Order Filing 326 JOINT LETTER addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated May 19, 2017 re: Update as to Status of Discovery and Readiness for Settlement Discussion. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
May 5, 2017 Opinion or Order Filing 325 ORDER granting in part and denying in part #299 Letter Motion for Discovery. Non-parties Gennady Petelin, Elena Peteline, and Svetlana Chepurnaya (the "Movants") have moved to quash a third-party subpoena served by Plaintiffs, the City of Almaty, Kazakhstan, and BTA Bank (the "Kazakh Entities") on Wells Fargo Bank, N.A. (the "Subpoena"). Wells Fargo, N.A, has not objected to the Subpoena or filed any papers with this Court concerning it. The Subpoena seeks various bank records concerning the Movants and their bank accounts. (Doc. Nos. 286, 299.) The Movants argue that the Subpoena infringes on their privacy rights and is overbroad. (Id.) In response, the Kazakh Entities argue that the Movants' finances are directly relevant to defenses in this case and outweigh any privacy concerns. (Doc. Nos. 288, 301.) For the reasons that follow, the motion to quash is denied in part and granted in part as set forth herein. The Clerk is respectfully directed to terminate the motion pending at document number 299. (Signed by Magistrate Judge Katharine H. Parker on 5/5/2017) (mro)
May 5, 2017 Opinion or Order Filing 324 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from John J. Kenney, Esq. dated May 5, 2017 re: #303 LETTER MOTION for Discovery (Requesting Order Compelling Deposition of Ilyas Khrapunov Pursuant to Federal Rules) addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated April 19, 2017. . Document filed by Ilyas Khrapunov, Viktor Khrapunov. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Brooks, Katelyn)
May 4, 2017 Opinion or Order Filing 323 LETTER RESPONSE in Support of Motion addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 5/4/2017 re: #303 LETTER MOTION for Discovery (Requesting Order Compelling Deposition of Ilyas Khrapunov Pursuant to Federal Rules) addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated April 19, 2017. . Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit 1)(Schwartz, Matthew)
May 2, 2017 Opinion or Order Filing 322 DECLARATION of Matthew George Jenkins in Opposition re: #303 LETTER MOTION for Discovery (Requesting Order Compelling Deposition of Ilyas Khrapunov Pursuant to Federal Rules) addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated April 19, 2017.. Document filed by Ilyas Khrapunov, Viktor Khrapunov. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Brooks, Katelyn)
May 2, 2017 Opinion or Order Filing 321 DECLARATION of Katelyn K. Brooks in Opposition re: #303 LETTER MOTION for Discovery (Requesting Order Compelling Deposition of Ilyas Khrapunov Pursuant to Federal Rules) addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated April 19, 2017.. Document filed by Ilyas Khrapunov, Viktor Khrapunov. (Attachments: #1 Exhibit 1 (part 1), #2 Exhibit 1 (part 2), #3 Exhibit 1 (part 3), #4 Exhibit 1 (part 4), #5 Exhibit 1 (part 5), #6 Exhibit 1 (part 6), #7 Exhibit 2, #8 Exhibit 3 (part 1), #9 Exhibit 3 (part 2), #10 Exhibit 3 (part 3), #11 Exhibit 3 (part 4), #12 Exhibit 3 (part 5))(Brooks, Katelyn)
May 2, 2017 Opinion or Order Filing 320 LETTER RESPONSE to Motion addressed to Magistrate Judge Katharine H. Parker from John J. Kenney, Esq. dated May 2, 2017 re: #303 LETTER MOTION for Discovery (Requesting Order Compelling Deposition of Ilyas Khrapunov Pursuant to Federal Rules) addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated April 19, 2017. . Document filed by Ilyas Khrapunov, Viktor Khrapunov. (Brooks, Katelyn)
May 1, 2017 Opinion or Order LETTERS ROGATORY ISSUED on May 1, 2017, and picked up by Boies Schiller Flexner LLP, to be served on the Senior Master, Royal Courts of Justice, Strand, London. (km)
April 28, 2017 Opinion or Order Filing 319 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated April 26,2017 re: #317 LETTER MOTION for Conference addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated April 21, 2017. . Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Skakel, Deborah)
April 28, 2017 Opinion or Order Filing 318 MEMO ENDORSEMENT: on re: #305 Letter filed by City of Almaty, BTA Bank JSC. ENDORSEMENT: SO ORDERED. (Signed by Judge Alison J. Nathan on 4/28/2017) (ama)
April 28, 2017 Opinion or Order Filing 317 LETTER MOTION for Conference addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated April 21, 2017. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Covering Letter from Randall W. Jackson)(Schwartz, Matthew)
April 28, 2017 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Matthew Lane Schwartz to RE-FILE Document #315 LETTER MOTION for Discovery addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated April 21, 2017. Use the event type Conference found under the event list Motion (Letter). (db)
April 28, 2017 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Deborah A. Skakel to RE-FILE Document #316 Response in Opposition to Motion. ERROR(S): Document(s) linked to filing error. (db)
April 28, 2017 Opinion or Order Transmission to Sealed Records Clerk. Transmitted re: #318 Memo Endorsement, to the Sealed Records Clerk for the sealing or unsealing of document or case. (ama)
April 27, 2017 Opinion or Order Filing 316 FILING ERROR - DEFICIENT DOCKET ENTRY - LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated April 26, 2017 re: #315 LETTER MOTION for Discovery addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated April 21, 2017. . Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Skakel, Deborah) Modified on 4/28/2017 (db).
April 27, 2017 Opinion or Order Filing 315 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Discovery addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated April 21, 2017. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Cover Letter from R. Jackson)(Schwartz, Matthew) Modified on 4/28/2017 (db).
April 27, 2017 Opinion or Order Filing 314 ENDORSED LETTER addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated 4/26/2017 re: requesting the Court's permission to file documents in opposition to the letter motion filed by the City of Almaty and BTA Bank under seal. ENDORSEMENT: APPLICATION GRANTED. Chambers will deliver a copy of the documents emailed to chambers on April 26, 2017 to be filed under seal with the Clerk of Court. The Clerk of Court shall maintain these documents under seal. Triadou is directed to file a redacted version of the documents on ECF. (Signed by Magistrate Judge Katharine H. Parker on 4/27/2017) (jwh)
April 27, 2017 Opinion or Order Filing 313 SEALED DOCUMENT placed in vault.(rz)
April 27, 2017 Opinion or Order Filing 312 SEALED DOCUMENT placed in vault.(rz)
April 26, 2017 Opinion or Order Filing 311 ORDER granting #310 Motion to Seal Document: APPLICATION GRANTED. Chambers will deliver copies of the documents emailed to chambers on April 21, 2017 to be filed under seal with the Clerk of Court. The Clerk of Court shall maintain these documents under seal. Almaty and BTA are directed to file a redacted version of the documents on ECF. (Signed by Magistrate Judge Katharine H. Parker on 4/26/2017) (jwh) Modified on 5/10/2017 (jwh).
April 25, 2017 Opinion or Order Filing 310 LETTER MOTION to Seal Document addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated April 25,2017. Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit A to Letter -Motion to Seal)(Skakel, Deborah)
April 25, 2017 Opinion or Order Filing 309 LETTER addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 4/25/2017 re: Response to 4/24/2017 Letter of D. Skakel Regarding Destruction of Documents. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
April 24, 2017 Opinion or Order Filing 308 LETTER RESPONSE to Motion addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated April 24,2017 re: #303 LETTER MOTION for Discovery (Requesting Order Compelling Deposition of Ilyas Khrapunov Pursuant to Federal Rules) addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated April 19, 2017. . Document filed by Triadou SPV S.A.. (Skakel, Deborah)
April 24, 2017 Opinion or Order Filing 307 ORDER granting #306 LETTER MOTION for Extension of Time to File Response/Reply as to #303 LETTER MOTION for Discovery (Requesting Order Compelling Deposition of Ilyas Khrapunov Pursuant to Federal Rules) addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated April 19, 2017. addressed to Magistrate Judge Katharine H. Parker from John J. Kenney, Esq. dated April 21, 2017. Document filed by Ilyas Khrapunov, Viktor Khrapunov. Application granted. (Responses due by 5/2/2017). (Signed by Magistrate Judge Katharine H. Parker on 4/24/2017) (rjm)
April 21, 2017 Opinion or Order Filing 306 LETTER MOTION for Extension of Time to File Response/Reply as to #303 LETTER MOTION for Discovery (Requesting Order Compelling Deposition of Ilyas Khrapunov Pursuant to Federal Rules) addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated April 19, 2017. addressed to Magistrate Judge Katharine H. Parker from John J. Kenney, Esq. dated April 21, 2017. Document filed by Ilyas Khrapunov, Viktor Khrapunov.(Brooks, Katelyn)
April 20, 2017 Opinion or Order Filing 305 LETTER addressed to Judge Alison J. Nathan from Matthew L. Schwartz dated 4/20/2017 re: Letter of Request to the United Kingdom Under the Hague Convention. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit 1)(Schwartz, Matthew)
April 20, 2017 Opinion or Order Filing 304 ORDER. For the reasons ni this Order, the Kazakh Entities' motion to certify the December 23 Order for interlocutory appeal pursuant to 28 U.S.C. 1292(b) is DENIED. This resolves Dkt. No. 263. SO ORDERED. Denying #263 Motion for Certificate of Appealability. (Signed by Judge Alison J. Nathan on 4/20/2017) (rjm)
April 19, 2017 Opinion or Order Filing 303 LETTER MOTION for Discovery (Requesting Order Compelling Deposition of Ilyas Khrapunov Pursuant to Federal Rules) addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated April 19, 2017. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Schwartz, Matthew)
April 19, 2017 Opinion or Order Filing 302 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Conference (Requesting Order Compelling Deposition of Ilyas Khrapunov Pursuant to Federal Rules) addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated April 19, 2017. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Schwartz, Matthew) Modified on 4/19/2017 (db).
April 19, 2017 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Matthew Lane Schwartz to RE-FILE Document #302 LETTER MOTION for Conference (Requesting Order Compelling Deposition of Ilyas Khrapunov Pursuant to Federal Rules) addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated April 19, 2017. Use the event type Discovery found under the event list Motion (Letter). (db)
April 14, 2017 Opinion or Order Filing 301 LETTER RESPONSE to Motion addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 4/14/2017 re: #299 LETTER MOTION for Discovery (Motion to Quash) addressed to Magistrate Judge Katharine H. Parker from John P. Curley dated April 11, 2017. . Document filed by BTA Bank JSC, City of Almaty. (Schwartz, Matthew)
April 14, 2017 Opinion or Order Filing 300 LETTER addressed to Judge Alison J. Nathan from Matthew L. Schwartz dated 4/14/2017 re: Recent Authority Regarding Pending Motions to Dismiss. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit 1)(Schwartz, Matthew)
April 11, 2017 Opinion or Order Filing 299 LETTER MOTION for Discovery (Motion to Quash) addressed to Magistrate Judge Katharine H. Parker from John P. Curley dated April 11, 2017. Document filed by Svetlana Chepurnaya, Elena Petelin, Gennady Petelin. (Attachments: #1 Exhibit A - Declaration of Gennady Petelin, #2 Exhibit B - Declaration of Elena Petelina, #3 Exhibit C - March 28, 2017 Motion Hearing Transcript)(Brooks, Katelyn)
April 6, 2017 Opinion or Order Filing 298 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Motion Hearing proceeding held on 03/28/2017 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.(rro)
April 6, 2017 Opinion or Order Filing 297 TRANSCRIPT of Proceedings re: Motion Hearing held on 3/28/2017 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/27/2017. Redacted Transcript Deadline set for 5/8/2017. Release of Transcript Restriction set for 7/5/2017.(rro)
April 4, 2017 Opinion or Order Filing 296 LETTER addressed to Magistrate Judge Katharine H. Parker from John P. Curley dated April 4, 2017 re: Motion to Quash. Document filed by Svetlana Chepurnaya, Elena Petelin, Gennady Petelin.(Brooks, Katelyn)
April 3, 2017 Opinion or Order LETTERS ROGATORY ISSUED on April 3, 2017, to Boies, Schiller & Flexner LLP, and to be served on the Ministry of Justice and Public Order of the Republic of Cyprus. (km)
March 31, 2017 Opinion or Order Filing 295 LETTER OF REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE PURSUANT TO THE HAGUE CONVENTION OF 18 MARCH 1970 ON THE TAKING OF EVIDENCE ABROAD IN CIVIL OR COMMERCIAL MATTERS: This Court, in the spirit of comity and reciprocity, hereby requests international judicial assistance in the form of this Letter of Request seeking information, documents, testimony, and things described herein, from the Ministry of Justice and Public Order. This Court extends to all judicial and other authorities of the Republic of Cyprus the assurances of its highest consideration. (Signed by Judge Alison J. Nathan on 3/29/2017) (ama)
March 31, 2017 Opinion or Order Transmission to Judgments and Orders Clerk. Transmitted re: #295 Order,,, to the Judgments and Orders Clerk. (ama)
March 30, 2017 Opinion or Order Filing 294 ORDER. In light of the extension of the discovery schedule in the above-captioned matter approved by the United States Magistrate Judge on March 29, 2017, Dkt. No. 293, the status conference currently scheduled for April 28, 2017 is hereby ADJOURNED to September 15, 2017 at 3:00 PM. So ordered. (Conference set for 9/15/2017 at 03:00 PM before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 3/30/2017) (rjm)
March 29, 2017 Opinion or Order Set/Reset Deadlines: Expert Discovery due by 9/8/2017. Fact Discovery due by 7/14/2017. (ap)
March 29, 2017 Opinion or Order Filing 293 ORDER: granting #292 Letter Motion for Extension of Time to Complete Discovery. APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 3/29/2017) (ap)
March 29, 2017 Opinion or Order Set/Reset Deadlines: Expert Discovery due by 5/31/2017. Fact Discovery due by 4/3/2017. (ap)
March 28, 2017 Opinion or Order Filing 292 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Katharine H. Parker from Deborah A. Skakel dated March 28,2017. Document filed by Triadou SPV S.A..(Skakel, Deborah)
March 28, 2017 Opinion or Order Filing 291 Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Discovery Hearing held on 3/28/2017. See transcript for Discovery Rulings. A transcript of this proceeding is available by utilizing the attached order form or following the court website link: http://nysd.uscourts.gov/courtrm_tech.php#ecr (ca)
March 28, 2017 Opinion or Order DOCKET ANNOTATION: The status call which was scheduled for Wednesday, March 29, 2017 at 11:00 a.m. has been adjourned as had been discussed during the March 28, 2017 Discovery Hearing.(ca)
March 27, 2017 Opinion or Order Filing 290 LETTER addressed to Judge Alison J. Nathan from Matthew L. Schwartz dated 3/27/2017 re: Letter of Request to Cyprus Under the Hague Convention. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit 1)(Schwartz, Matthew)
March 21, 2017 Opinion or Order Filing 289 ORDER granting #286 Letter Motion for Conference Discovery Hearing set for 3/28/2017 at 10:30 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker. (HEREBY ORDERED by Magistrate Judge Katharine H. Parker)(Text Only Order) (Parker, Katharine)
March 17, 2017 Opinion or Order Filing 288 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from Matthew L. Schwartz dated 3/17/2017 re: #286 LETTER MOTION for Conference Regarding Proposed Motion to Quash addressed to Judge Alison J. Nathan from John P. Curley dated March 15, 2017. . Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit 1)(Schwartz, Matthew)
March 16, 2017 Opinion or Order Filing 287 ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Katharine H. Parker. SO ORDERED. Motions referred to Katharine H. Parker. (Signed by Judge Alison J. Nathan on 3/16/2017) (ama)
March 15, 2017 Opinion or Order Filing 286 LETTER MOTION for Conference Regarding Proposed Motion to Quash addressed to Judge Alison J. Nathan from John P. Curley dated March 15, 2017. Document filed by Gennady Petelin, Elena Petelin, Svetlana Chepurnaya.(Brooks, Katelyn)
March 15, 2017 Opinion or Order Filing 285 ORDER denying as moot #207 Motion to Dismiss; denying as moot #210 Motion to Dismiss: For administrative purposes, and in light of the filing of the Kazakh Entities' First Amended Crossclaims and the Individual Defendants' renewed motions to dismiss, the Individual Defendants' initial motions to dismiss the Crossclaims, Dkt. Nos. 207 and 210, are DENIED as moot. The Clerk of Court is respectfully directed to terminate both motions. (Signed by Judge Alison J. Nathan on 3/15/2017) (tn)
February 15, 2017 Opinion or Order Filing 284 MEMO ENDORSEMENT on re: #280 Letter re: Response to Almaty/BTA Request for Informal Conference Regarding Deposition of Triadou, filed by Triadou SPV S.A. ENDORSEMENT: The Kazakh Entities' motion to compel Triadou, based primarily in Switzerland, to produce a corporate representative for a deposition in New York or London is GRANTED as set forth below, and the request for an informal conference is DE~JIED as moot. The parties shall meet and confer and determine amongst themselves which jurisdiction is more mutually agreeable. While it is true that there is "a general presumption that a defendant's deposition will be held in the district of his residence," a plaintiff may "overcome this presumption by showing peculiar circumstances favoring depositions at a different location," including such factors as "cost, convenience, and litigation efficiency." Six West Retail Acquisition v. Sony Theatre Mgmt. Corp., 203 F.R.D. 98, 107-08 (S.D.N.Y. 2001) (internal quotation marks and citation omitted). Under the circumstances presented here, the Court finds that the time, expense, and unpredictability associated with obtaining testimony through the often cumbersome procedures established by the Hague Convention, see e.g., Schindler Elevator Corp. v. Otis Elevator Corp., 657 F. Supp. 2d 525, 530 (D.N.J. 2009) ("utilization of Hague procedures [is often] slow and cumbersome and usually take[s] far longer than discovery procedures under the Federal Rules"), weigh strongly in favor of proceeding with Triadou's deposition in a jurisdiction outside of Switzerland. That is particularly so given the evident possibility that the depositions of certain individual Defendants - whose ability to travel may well be more restricted than the Triadou representative's - may yet have to take place in Switzerland, or some other Hague-Convention jurisdiction, out of sheer necessity. The Court is not insensitive to Triadou's interest in avoiding the business interruption potentially occasioned by the requirement that its representative travel abroad for a deposition. But even a deposition in Switzerland would likely divert the representative's attention and resources during the time necessary to prepare and testify, rendering the marginal inconvenience associated with travel a somewhat less compelling factor in the Court's calculus. With respect to the direct financial burdens on the parties, the cost of counsel - all of whom are based in New York - traveling to Switzerland would almost certainly surpass at least the cost of a single representative traveling to New York. And, in any event, the Court will require the Kazakh Entities to bear the reasonable expenses associated with the corporate designee's travel to and lodging in the jurisdiction ultimately selected by the parties, and to make every effort to schedule the deposition in a manner that minimizes the time commitment of the deponent and the disruption to Triadou's business. See, e.g., Trusz v. UBS Realty Investors LLC, 3:09-cv-268, 2011WL577331, at *8-10 (D. Conn. Feb. 8, 2011) (ordering deposition of Swiss witnesses to take place in the United States and in accordance with the Federal Rules of Civil Procedure, with plaintiff to pay witness's travel expenses); Schindler Elevator, 657 F. Supp. 2d at 528-534 (ordering Rule 30(b)(6) deposition of Swiss defendant to proceed in U.S. largely because proceeding under Hague Convention would unnecessarily delay discovery); Ward-THG, Inc. v. Swiss Reinsurance Co., 96-cv-8100, 1997 WL 83294, at *l (S.D.N.Y. Feb. 27, 1997) (permitting "limited number of depositions" of Swiss nationals to proceed in United States where requesting party was "willing to pay the costs associated with travel and subsistence for the witnesses in question... which in any event would be cheaper than having the lawyers travel to and sojourn in Switzerland"). This resolves Dkt. No. 279. (Signed by Judge Alison J. Nathan on 2/15/2017) (cla)
February 15, 2017 Opinion or Order Filing 283 ORDER denying #271 Letter Motion to Stay Discovery. The motion by Defendants Viktor Khrapunov and Ilyas Khrapunov to stay all discovery in this matter pending resolution of the Kazakh Entities' request for permission to take an interlocutory appeal of this Court's December 23, 2016 Order is DENIED. Although the Court expresses no definitive view at this time as to whether a stay (or an extension) of discovery may be appropriate if and when the Court ultimately grants the Kazakh Entities' request to appeal, the Khrapunovs have not met their burden of demonstrating "good cause" why discovery should be stayed while the Court continues to consider that application. See Siemens Credit Corp. v. American Trans. Ins. Co., OO-cv-880, 2000 WL 534497, at *l (S.D.N.Y. May 3, 2000); see also Fed. R. Civ. P. 26(c).. (Signed by Judge Alison J. Nathan on 2/15/2017) (cla)
February 10, 2017 Opinion or Order Filing 282 REPLY MEMORANDUM OF LAW in Support re: #263 MOTION for Certificate of Appealability with respect to the Court's December 23, 2016 Order, Pursuant to 28 U.S.C. sec. 1292(b). . Document filed by BTA Bank JSC, City of Almaty. (Schwartz, Matthew)
February 10, 2017 Opinion or Order Filing 281 REPLY MEMORANDUM OF LAW in Support of Supplemental Brief Seeking Dismissal Of The Amended CrossClaims For Lack Of Subject Matter Jurisdiction. Document filed by Triadou SPV S.A.. (Skakel, Deborah)
February 8, 2017 Opinion or Order Filing 280 LETTER addressed to Judge Alison J. Nathan from Deborah Skakel dated 2/8/2017 re: Response to Almaty/BTA Request for Informal Conference Regarding Deposition of Triadou. Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit A (Excerpt of Swiss Civil Procedure Code))(Skakel, Deborah)
February 6, 2017 Opinion or Order Filing 279 LETTER addressed to Judge Alison J. Nathan from Matthew L. Schwartz dated 2/6/2017 re: Request for Informal Conference Regarding the Deposition of Defendant Triadou SPV S.A.. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
February 3, 2017 Opinion or Order Filing 278 OPPOSITION BRIEF re: #268 Memorandum of Law Seeking Dismissal of the Amended Cross-Claims for Lack of Subject Matter Jurisdiction. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
February 3, 2017 Opinion or Order Filing 277 RESPONSE in Opposition to Motion re: #263 MOTION for Certificate of Appealability with respect to the Court's December 23, 2016 Order, Pursuant to 28 U.S.C. sec. 1292(b). . Document filed by Mukhtar Ablyazov. (Cogan, Jonathan)
February 3, 2017 Opinion or Order Filing 276 MEMORANDUM OF LAW in Opposition re: #263 MOTION for Certificate of Appealability with respect to the Court's December 23, 2016 Order, Pursuant to 28 U.S.C. sec. 1292(b). . Document filed by Ilyas Khrapunov, Viktor Khrapunov. (Curley, John)
February 3, 2017 Opinion or Order Filing 275 MEMORANDUM OF LAW in Opposition re: #263 MOTION for Certificate of Appealability with respect to the Court's December 23, 2016 Order, Pursuant to 28 U.S.C. sec. 1292(b). . Document filed by Triadou SPV S.A.. (Skakel, Deborah)
February 3, 2017 Opinion or Order Filing 274 DECLARATION of Deborah A. Skakel in Opposition re: #263 MOTION for Certificate of Appealability with respect to the Court's December 23, 2016 Order, Pursuant to 28 U.S.C. sec. 1292(b).. Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Skakel, Deborah)
February 2, 2017 Opinion or Order Filing 273 LETTER addressed to Judge Alison J. Nathan from John P. Curley dated February 2, 2017 re: City of Almaty and BTA Bank's Opposition to the Khrapunovs' Application to Stay Discovery. Document filed by Ilyas Khrapunov, Viktor Khrapunov.(Brooks, Katelyn)
January 30, 2017 Opinion or Order Filing 272 LETTER addressed to Judge Alison J. Nathan from Matthew L. Schwartz dated 1/30/2017 re: Response to January 27, 2017 Letter of Ilyas Khrapunov and Viktor Khrapunov. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
January 27, 2017 Opinion or Order Filing 271 LETTER MOTION to Stay Discovery addressed to Judge Alison J. Nathan from Katelyn K. Brooks dated January 27, 2017. Document filed by Ilyas Khrapunov, Viktor Khrapunov.(Brooks, Katelyn)
January 25, 2017 Opinion or Order Filing 270 ORDER granting #269 Letter Motion for Extension of Time to File Response/Reply. The consent motion for an extension of time is GRANTED, and the Court hereby adopts the proposed briefing schedule set forth below. Responses due by 2/3/2017 Replies due by 2/10/2017. (Signed by Judge Alison J. Nathan on 1/25/2017) (kgo)
January 25, 2017 Opinion or Order Filing 269 CONSENT LETTER MOTION for Extension of Time to File Response/Reply in Opposition to Motion for Certification of an Interlocutory Appeal addressed to Judge Alison J. Nathan from John P. Curley dated January 25, 2017. Document filed by Ilyas Khrapunov, Viktor Khrapunov.(Curley, John)
January 20, 2017 Opinion or Order Filing 268 SUPPLEMENTAL MEMORANDUM OF LAW Seeking Dismissal of the Amended Cross-Claims for Lack of Subject Matter Jurisdiction. Document filed by Triadou SPV S.A.. (Skakel, Deborah)
January 18, 2017 Opinion or Order Filing 267 MEMO ENDORSEMENT: on re: #265 Letter filed by City of Almaty, BTA Bank JSC. (Opposition papers, if any, to be filed by January 30, 2017; Reply papers. if any, to be filed by February 6, 2017) ENDORSEMENT: The Court adopts the Kazakh Entities' briefing schedule as set forth above. SO ORDERED., ( Responses due by 1/30/2017, Replies due by 2/6/2017.) (Signed by Judge Alison J. Nathan on 1/17/2017) (ama)
January 17, 2017 Opinion or Order Filing 266 NOTICE OF APPEARANCE by Katelyn Kiernan Brooks on behalf of Ilyas Khrapunov, Viktor Khrapunov. (Brooks, Katelyn)
January 15, 2017 Opinion or Order Filing 265 LETTER addressed to Judge Alison J. Nathan from Matthew L. Schwartz dated 1/15/2017 re: Briefing Schedule on the Kazakh Entities' Motion for Certification of an Interlocutory Appeal of the Court's December 23, 2016 Order Pursuant to 28 U.S.C. sec 1292(b). Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
January 15, 2017 Opinion or Order Filing 264 MEMORANDUM OF LAW in Support re: #263 MOTION for Certificate of Appealability with respect to the Court's December 23, 2016 Order, Pursuant to 28 U.S.C. sec. 1292(b). . Document filed by BTA Bank JSC, City of Almaty. (Schwartz, Matthew)
January 15, 2017 Opinion or Order Filing 263 MOTION for Certificate of Appealability with respect to the Court's December 23, 2016 Order, Pursuant to 28 U.S.C. sec. 1292(b). Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
January 13, 2017 Opinion or Order Filing 262 NOTICE OF APPEARANCE by Nameer Saad Shukri on behalf of BTA Bank JSC, City of Almaty. (Shukri, Nameer)
January 11, 2017 Opinion or Order Filing 261 ORDER SCHEDULING TELEPHONE CONFERENCE: A status call will be held on Wednesday, March 29, 2017 at 11:00 a.m. in advance of a settlement conference. Counsel for the parties are directed to call Judge Parker's Chambers at 11:00 a.m. on March 29, 2017 with counsel for all parties on the line. Please dial 212-805-0234. ( Telephone Conference set for 3/29/2017 at 11:00 AM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 1/11/2017) (mro)
January 11, 2017 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Telephone Conference held on 1/11/2017. (ca)
January 6, 2017 Opinion or Order Filing 260 ORDER denying #259 Letter Motion to Stay. Triadou's request to submit briefing on the issue of subject matter jurisdiction is GRANTED. Triadou's brief, not to exceed ten pages in length, shall be due on January 20, 2017. The Kazakh Entities' answering brief, also not to exceed ten pages, shall be due on February 3, 2017. Triadou's reply brief, not to exceed five pages, shall be due on February 10, 2017. Triadou's request for a stay of discovery until such time as the Court addresses this issue is DENIED. The Court finds that good cause for such a stay has not been shown. SO ORDERED. (Signed by Judge Alison J. Nathan on 1/06/2017) (ama)
January 6, 2017 Opinion or Order Filing 259 LETTER MOTION to Stay Discovery and Request Limited Briefing on Subject Matter Jurisdiction addressed to Judge Alison J. Nathan from Deborah A. Skakel dated January 6, 2017. Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Skakel, Deborah)
January 6, 2017 Opinion or Order Filing 258 ANSWER to #219 Amended Crossclaim,. Document filed by Triadou SPV S.A..(Skakel, Deborah)
December 23, 2016 Opinion or Order Filing 257 MEMORANDUM & ORDER #106968: For the foregoing reasons, Triadou's motion to dismiss the Kazakh Entities' RICO claims, as joined by Ablyazov and the Khrapunovs, is GRANTED, and causes of action numbers one through five of the Amended Crossclaims are DISMISSED with prejudice. This resolves Dkt. Nos. 84, 188, 196, and 197. (Signed by Judge Alison J. Nathan on 12/23/2016) (kgo) Modified on 1/3/2017 (jwh).
December 9, 2016 Opinion or Order Filing 256 ORDER SCHEDULING TELEPHONE CONFERENCE: This case has been referred to me for settlement purposes (docket no. 255). A telephone conference will be held on Wednesday January 11, 2017 at 11:30 a.m. in advance of a settlement conference. The parties are directed to review Judge Parkers Individual Practices at http://nysd.uscourts.gov/judge/Parker concerning settlement conferences in advance of the call. Counsel for the parties are directed to call Judge Parkers Chambers at 11:30 a.m. on January 11, 2017 with counsel for all parties on the line. Please dial 212-805-0234. ( Telephone Conference set for 1/11/2017 at 11:30 AM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 12/9/2016) (mro)
December 5, 2016 Opinion or Order NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Katharine H. Parker. Please note that this is a reassignment of the designation only. (wb)
December 5, 2016 Opinion or Order NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Katharine H. Parker, for Settlement. Magistrate Judge Sarah Netburn no longer referred to the case. (wb)
December 1, 2016 Opinion or Order Filing 255 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Sarah Netburn. (Signed by Judge Alison J. Nathan on 12/1/2016) (kgo)
December 1, 2016 Opinion or Order Filing 254 LETTER addressed to Judge Alison J. Nathan from John P. Curley on behalf of all parties dated December 1, 2016 re: Referral to a Magistrate Judge for a Settlement Conference. Document filed by Ilyas Khrapunov, Viktor Khrapunov.(Curley, John)
November 30, 2016 Opinion or Order Filing 253 STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... Nothing in this Order affects the parties' obligation to comply with Rule 4.A. of the Court's Individual Practices in Civil Cases governing redactions and filing under seal. (As further set forth in this Order) (Signed by Judge Alison J. Nathan on 11/29/2016) (kl)
November 28, 2016 Opinion or Order Filing 252 LETTER addressed to Judge Alison J. Nathan from Peter M. Skinner dated 11/28/2016 re: Proposed Protective Order. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Proposed Protective Order)(Skinner, Peter)
November 28, 2016 Opinion or Order Filing 251 NOTICE OF APPEARANCE by Peter M. Skinner on behalf of BTA Bank JSC, City of Almaty. (Skinner, Peter)
November 22, 2016 Opinion or Order Filing 250 LETTER addressed to Judge Alison J. Nathan from Deborah A. Skakel dated 11/22/16 re: Response to Letter Filed by the City of Almaty and BTA Bank JSC (Docket No.249). Document filed by Triadou SPV S.A..(Skakel, Deborah)
November 18, 2016 Opinion or Order Filing 249 LETTER addressed to Judge Alison J. Nathan from Matthew L. Schwartz dated 11/18/2016 re: Response to Defendants' 11/15/2016 Letter. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit A, #2 Exhibit B)(Schwartz, Matthew)
November 15, 2016 Opinion or Order Filing 248 LETTER addressed to Judge Alison J. Nathan from John P. Curley dated November 15, 2016 re: Additional Supplemental Authority. Document filed by Ilyas Khrapunov, Viktor Khrapunov. (Attachments: #1 Exhibit Supplemental Authority)(Curley, John)
November 4, 2016 Opinion or Order Filing 247 REPLY MEMORANDUM OF LAW in Support re: #227 MOTION to Dismiss the Amended Crossclaims. . Document filed by Mukhtar Ablyazov. (Cogan, Jonathan)
November 4, 2016 Opinion or Order Filing 246 REPLY MEMORANDUM OF LAW in Support re: #231 MOTION to Dismiss the Amended Crossclaims. . Document filed by Ilyas Khrapunov, Viktor Khrapunov. (Curley, John)
October 27, 2016 Opinion or Order Filing 244 LETTER addressed to Judge Alison J. Nathan from Matthew L. Schwartz dated 10/27/2016 re: Response to Triadou SPV S.A.'s Letter of October 17, 2016. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
October 26, 2016 Opinion or Order Filing 245 MEMO ENDORSEMENT on re: #244 LETTER addressed to Judge Alison J. Nathan from Matthew L. Schwartz dated 10/27/2016 re: Response to Triadou SPV S.A.'s Letter of October 17, 2016. Document filed by BTA Bank JSC, City of Almaty. ENDORSEMENT: The request to submit additional briefing in light of Bascunan is DENIED. So ordered. (Signed by Judge Alison J. Nathan on 10/26/2016) (rjm)
October 18, 2016 Opinion or Order Filing 243 MEMO ENDORSEMENT on re: #242 Letter filed by Triadou SPV S.A. ENDORSEMENT: Triadou's request is GRANTED. The Clerk of Court is respectfully directed to terminate Ms. Harvey as counsel to Triadou., Attorney Tessa Brianne Harvey terminated. (Signed by Judge Alison J. Nathan on 10/18/2016) (lmb) Modified on 10/18/2016 (lmb).
October 18, 2016 Opinion or Order Filing 242 LETTER addressed to Judge Alison J. Nathan from Deborah A. Skakel dated October 18,2016 re: Requesting the Court to remove Tessa B. Harvey from docket. Document filed by Triadou SPV S.A..(Skakel, Deborah)
October 17, 2016 Opinion or Order Filing 241 MEMORANDUM OF LAW in Opposition re: #227 MOTION to Dismiss the Amended Crossclaims., #231 MOTION to Dismiss the Amended Crossclaims. . Document filed by BTA Bank JSC, City of Almaty. (Schwartz, Matthew)
October 17, 2016 Opinion or Order Filing 240 LETTER addressed to Judge Alison J. Nathan from Deborah A. Skakel dated 10/17/16 re: Supplemental Authority. Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit A)(Skakel, Deborah)
October 11, 2016 Opinion or Order Filing 239 MEMO ENDORSEMENT on re: #237 Letter filed by City of Almaty, BTA Bank JSC. (We have consulted with counsel for other parties, however, and respectfully propose the following briefing schedule: Kazakh Entities to oppose: October 17, 2016; Individual Defendants to reply: November 4, 2016. In addition, in order to streamline the briefing of these motions to dismiss, of no more than 50 pages (as opposed to two or arguable three 25- page opposition). ENDORSEMENT: SO ORDERED., ( Responses due by 10/17/2016, Replies due by 11/4/2016.) (Signed by Judge Alison J. Nathan on 10/11/2016) (ama)
October 11, 2016 Opinion or Order Filing 238 LETTER addressed to Judge Alison J. Nathan from Matthew L. Schwartz dated 10/11/2016 re: Proposed Briefing Schedule for Motions to Dismiss Correction. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
October 7, 2016 Opinion or Order Filing 237 LETTER addressed to Judge Alison J. Nathan from Matthew L. Schwartz dated 10/7/2016 re: Proposed Briefing Schedule for Motions to Dismiss. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
October 3, 2016 Opinion or Order Filing 236 REPLY MEMORANDUM OF LAW in Support re: #216 MOTION for Joinder of FBME Bank Ltd. . Document filed by BTA Bank JSC, City of Almaty. (Schwartz, Matthew)
September 29, 2016 Opinion or Order Filing 235 LETTER addressed to Judge Alison J. Nathan from Matthew L. Schwartz dated 9/29/16 re: Notice of Perfection of Levy by Hon. Herman Cahn. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit 1)(Schwartz, Matthew)
September 26, 2016 Opinion or Order Filing 234 MEMORANDUM OF LAW in Opposition re: #216 MOTION for Joinder of FBME Bank Ltd. . Document filed by Ilyas Khrapunov, Viktor Khrapunov. (Curley, John)
September 26, 2016 Opinion or Order Filing 233 DECLARATION of John P. Curley in Support re: #231 MOTION to Dismiss the Amended Crossclaims.. Document filed by Ilyas Khrapunov, Viktor Khrapunov. (Attachments: #1 Exhibit A)(Curley, John)
September 26, 2016 Opinion or Order Filing 232 MEMORANDUM OF LAW in Support re: #231 MOTION to Dismiss the Amended Crossclaims. . Document filed by Ilyas Khrapunov, Viktor Khrapunov. (Curley, John)
September 26, 2016 Opinion or Order Filing 231 MOTION to Dismiss the Amended Crossclaims. Document filed by Ilyas Khrapunov, Viktor Khrapunov.(Curley, John)
September 26, 2016 Opinion or Order Filing 230 RESPONSE in Opposition to Motion re: #216 MOTION for Joinder of FBME Bank Ltd. . Document filed by Mukhtar Ablyazov. (Cogan, Jonathan)
September 26, 2016 Opinion or Order Filing 229 DECLARATION of Jonathan D. Cogan in Support re: #227 MOTION to Dismiss the Amended Crossclaims.. Document filed by Mukhtar Ablyazov. (Attachments: #1 Exhibit Exhibit 1 Part 1, #2 Exhibit Exhibit 1 Part 2, #3 Exhibit Exhibit 2 Part 1, #4 Exhibit Exhibit 2 Part 2)(Cogan, Jonathan)
September 26, 2016 Opinion or Order Filing 228 MEMORANDUM OF LAW in Support re: #227 MOTION to Dismiss the Amended Crossclaims. . Document filed by Mukhtar Ablyazov. (Cogan, Jonathan)
September 26, 2016 Opinion or Order Filing 227 MOTION to Dismiss the Amended Crossclaims. Document filed by Mukhtar Ablyazov.(Cogan, Jonathan)
September 26, 2016 Opinion or Order Filing 226 MEMORANDUM OF LAW in Opposition re: #216 MOTION for Joinder of FBME Bank Ltd. . Document filed by Triadou SPV S.A.. (Skakel, Deborah)
September 16, 2016 Opinion or Order Filing 225 LETTER addressed to Judge Alison J. Nathan from Deborah A. Skakel dated September 16, 2016 re: Reply in further Support of Letter Motion to Strike Almaty's/BTA's Motion for Joinder. Document filed by Triadou SPV S.A..(Skakel, Deborah)
September 15, 2016 Opinion or Order Filing 224 LETTER addressed to Judge Alison J. Nathan from Matthew L. Schwartz dated September 15, 2016 re: Opposition to September 12, 2016 Letter Submitted by Triadou SPV S.A.. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
September 12, 2016 Opinion or Order Filing 223 LETTER addressed to Judge Alison J. Nathan from Deborah A. Skakel dated September 12, 2016 re: Almaty's/BTA's Motion for Joinder. Document filed by Triadou SPV S.A..(Skakel, Deborah)
September 9, 2016 Opinion or Order Filing 222 ORDER granting #215 Letter Motion for Extension of Time. The Khrapunovs' request - which the Court, having received no responsive submission from any party, deems unopposed - is GRANTED. The Khrapunovs shall file any motions for joinder within twenty-one days after resolution of their motion, if any, to dismiss the amended crossclaims against them. (Signed by Judge Alison J. Nathan on 9/9/2016) (lmb)
September 9, 2016 Opinion or Order Filing 221 MEMO ENDORSEMENT on re: #220 LETTER addressed to Judge Alison J. Nathan from Sukenik, Segal & Graff, P.C. dated 9/8/16 re: Request for dismissal of Interpleader Plaintiffs from the action. Document filed by CF 135 Flat LLC, CF 135 West Members LLC, Chetrit Group LLC. ENDORSEMENT: Plaintiffs' request is GRANTED to the extent that the Clerk of Court is respectfully directed to terminate CF 135 Flat LLC, CF 135 West Member LLC, the Chetrit Group LLC, Joseph Chetrit, and 227 East 19th Holder LLC as parties to this action. To the extent that Plaintiffs request that the Court completely remove their names from the official case caption, such that there is no evidence that they ever appeared as parties, that request is DENIED. Such requests - particularly where the requesting parties have, like Plaintiffs, already filed documents that are linked to them via ECF - create significant administrative challenges and risk errors when the remaining parties in the case attempt to file documents on ECF. Nevertheless, the Court does direct the Clerk of Court to change the "short caption"- i.e., the caption that appears at the top of the docket sheet - to "City of Almaty, Kazahkstan et al. v. Mukhtar Ablyazov et al." and ORDERS that the remaining parties shall label all future documents filed in this matter with caption proposed by Plaintiffs above. So ordered. CF 135 West Members LLC, Joseph Chetrit, Chetrit Group LLC, 227 East 19th Holder LLC and CF 135 Flat LLC terminated. (Signed by Judge Alison J. Nathan on 9/9/2016) (rjm)
September 8, 2016 Opinion or Order Filing 220 LETTER addressed to Judge Alison J. Nathan from Sukenik, Segal & Graff, P.C. dated 9/8/16 re: request for dismissal of Interpleader Plaintiffs from the action. Document filed by CF 135 Flat LLC, CF 135 West Members LLC, Chetrit Group LLC.(Salhanick, David)
September 7, 2016 Opinion or Order Filing 219 FIRST AMENDED CROSSCLAIM amending #49 Answer to Amended Complaint, Crossclaim, Counterclaim against Mukhtar Ablyazov, Ilyas Khrapunov, Viktor Khrapunov, Triadou SPV S.A., FBME Bank Ltd..Document filed by BTA Bank JSC, City of Almaty. Related document: #49 Answer to Amended Complaint, Crossclaim, Counterclaim filed by City of Almaty, BTA Bank JSC.(Schwartz, Matthew)
September 7, 2016 Opinion or Order Filing 218 DECLARATION of Matthew L. Schwartz in Support re: #216 MOTION for Joinder of FBME Bank Ltd.. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Schwartz, Matthew)
September 7, 2016 Opinion or Order Filing 217 MEMORANDUM OF LAW in Support re: #216 MOTION for Joinder of FBME Bank Ltd. . Document filed by BTA Bank JSC, City of Almaty. (Schwartz, Matthew)
September 7, 2016 Opinion or Order Filing 216 MOTION for Joinder of FBME Bank Ltd. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
September 2, 2016 Opinion or Order Filing 215 LETTER MOTION for Extension of Time to File Joinder Motions addressed to Judge Alison J. Nathan from John P. Curley dated September 2, 2016. Document filed by Ilyas Khrapunov, Viktor Khrapunov.(Curley, John)
August 26, 2016 Opinion or Order Filing 214 MEMO ENDORSEMENT on re: #213 LETTER addressed to Judge Alison J. Nathan from Matthew L. Schwartz dated August 25, 2016 re: Amendment of Crossclaims. Document filed by BTA Bank JSC, City of Almaty. ENDORSEMENT: The Kazakh Entities' requests are GRANTED to the extent that the Kazakh Entities shall file any amended crossclaims against the Individual Defendants, as well as any additional motions for joinder, on or before September 7, 2016. Any such amendments and/or motions shall relate solely to the Kazakh Entites' claims or allegations directed against the Individual Defendants. So ordered. (Amended Pleadings due by 9/7/2016. Motions due by 9/7/2016.) (Signed by Judge Alison J. Nathan on 8/26/2016) (rjm)
August 25, 2016 Opinion or Order Filing 213 LETTER addressed to Judge Alison J. Nathan from Matthew L. Schwartz dated August 25, 2016 re: Amendment of Crossclaims. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Appendix A)(Schwartz, Matthew)
August 17, 2016 Opinion or Order Filing 212 DECLARATION of Jonathan D. Cogan in Support re: #210 MOTION to Dismiss the Crossclaims.. Document filed by Mukhtar Ablyazov. (Attachments: #1 Exhibit Exhibit 1 Part 1, #2 Exhibit Exhibit 1 Part 2, #3 Exhibit Exhibit 2 Part 1, #4 Exhibit Exhibit 2 Part 2)(Cogan, Jonathan)
August 17, 2016 Opinion or Order Filing 211 MEMORANDUM OF LAW in Support re: #210 MOTION to Dismiss the Crossclaims. . Document filed by Mukhtar Ablyazov. (Cogan, Jonathan)
August 17, 2016 Opinion or Order Filing 210 MOTION to Dismiss the Crossclaims. Document filed by Mukhtar Ablyazov.(Cogan, Jonathan)
August 17, 2016 Opinion or Order Filing 209 DECLARATION of John P. Curley in Support re: #207 MOTION to Dismiss Crossclaims.. Document filed by Ilyas Khrapunov, Viktor Khrapunov. (Attachments: #1 Exhibit State Department Human Rights Report)(Curley, John)
August 17, 2016 Opinion or Order Filing 208 MEMORANDUM OF LAW in Support re: #207 MOTION to Dismiss Crossclaims. . Document filed by Ilyas Khrapunov, Viktor Khrapunov. (Curley, John)
August 17, 2016 Opinion or Order Filing 207 MOTION to Dismiss Crossclaims. Document filed by Ilyas Khrapunov, Viktor Khrapunov. Responses due by 9/16/2016(Curley, John)
August 8, 2016 Opinion or Order Filing 206 AFFIDAVIT OF SERVICE of Order of Attachment served on Hon. Herman Cahn on 8/3/2016. Service was accepted by Hon. Herman Cahn. Document filed by BTA Bank JSC, City of Almaty. (Schwartz, Matthew)
July 29, 2016 Opinion or Order Filing 205 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial pursuant to 28 U.S.C. 636(c). Deposition due by 5/31/2017. Fact Discovery due by 4/3/2017. Expert Discovery due by 5/31/2017. Case Management Conference set for 4/28/2017 at 02:30 PM before Judge Alison J. Nathan. The parties shall be ready for trial within two weeks of filing the Joint Pretrial Report. This case is to be tried to a jury, and as further set forth in this Civil Case Management Plan and Scheduling Order. (Signed by Judge Alison J. Nathan on 7/29/2016) (rjm)
July 29, 2016 Opinion or Order Minute Entry for proceedings held before Judge Alison J. Nathan: Initial Pretrial Conference held on 7/29/2016. See transcript for details. (Court Reporter Carol Ganley) (snu)
July 29, 2016 Opinion or Order CASHIERS OFFICE REGISTRY DEPOSIT dated 7/27/16, from Judge Judge Alison J. Nathan, received $200,000.00 from BTA BANK Receipt Number 164654000561 on 7/28/16. (dig)
July 28, 2016 Opinion or Order **REMINDER & COURTROOM CHANGE** There is an Initial Pretrial Conference scheduled for Friday, July 29, 2016 at 2:15 PM in Courtroom 444 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York before the Honorable Alison J. Nathan, U.S.D.J. (snu)
July 27, 2016 Opinion or Order Filing 204 MEMO ENDORSEMENT on re: #203 Letter filed by City of Almaty, BTA Bank JSC. ENDORSEMENT: So ordered. The Kazakh Entities' request for an extension is granted. (Signed by Judge Alison J. Nathan on 7/27/2016) (mro)
July 27, 2016 Opinion or Order Filing 203 LETTER addressed to Judge Alison J. Nathan from Matthew L. Schwartz dated 7/27/2016 re: Request for Extension of Time to Post Required Undertaking. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
July 27, 2016 Opinion or Order Filing 202 SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support re: #84 MOTION to Dismiss the Crossclaims. . Document filed by Triadou SPV S.A.. (Skakel, Deborah)
July 26, 2016 Opinion or Order Filing 201 LETTER addressed to Judge Alison J. Nathan from John J. Kenney, Esq. dated July 26, 2016 re: Discovery. Document filed by Ilyas Khrapunov, Viktor Khrapunov.(Kenney, John)
July 25, 2016 Opinion or Order Filing 200 MEMO ENDORSEMENT on re: #198 Letter regarding proposed briefing schedule filed by Ilyas Khrapunov, Viktor Khrapunov. ENDORSEMENT: SO ORDERED. Ilyas Khrapunov answer due 8/17/2016; Viktor Khrapunov answer due 8/17/2016. (Responses due by 9/16/2016, Replies due by 9/30/2016.) (Signed by Judge Alison J. Nathan on 7/25/2016) (cf) Modified on 7/26/2016 (cf).
July 22, 2016 Opinion or Order Filing 199 LETTER addressed to Judge Alison J. Nathan from Matthew L. Schwartz dated 7/22/2016 re: Joint Letter in Advance of July 29, 2016 Initial Pretrial Conference. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Appendix A)(Schwartz, Matthew)
July 22, 2016 Opinion or Order Filing 198 LETTER addressed to Judge Alison J. Nathan from John P. Curley dated July 22, 2016 re: Consent Proposed Briefing Schedule. Document filed by Ilyas Khrapunov, Viktor Khrapunov.(Curley, John)
July 22, 2016 Opinion or Order Filing 197 LETTER addressed to Judge Alison J. Nathan from Jonathan D. Cogan dated July 22, 2016 re: Letter Brief Regarding Applicability of RICO. Document filed by Mukhtar Ablyazov.(Cogan, Jonathan)
July 22, 2016 Opinion or Order Filing 196 LETTER addressed to Judge Alison J. Nathan from John J. Kenney, Esq. dated July 22, 2016 re: Letter Brief Regarding Applicability of RICO. Document filed by Ilyas Khrapunov, Viktor Khrapunov.(Kenney, John)
July 20, 2016 Opinion or Order Filing 195 SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Opposition re: #84 MOTION to Dismiss the Crossclaims. . Document filed by BTA Bank JSC, City of Almaty. (Schwartz, Matthew)
July 19, 2016 Opinion or Order Filing 194 ORDER denying #190 Letter Motion for Extension of Time to File Response/Reply: the Kazakh Entities' application for an extension of time to file its supplemental brief on RJR Nabisco is DENIED. The Kazakh Entities and Triadou are directed to complete such briefing in compliance with the schedule set forth in the Court's June 21, 2016 Memorandum and Order. See Dkt. No. 174 at 32 It is further ORDERED that Ablyazov and the Khrapunovs, should they wish to be head on the impact of RJR Nabisco on this action, shall submit letter briefs on the issue on or before July 22, 2016. Should Ablyazov and the Khrapunovs wish to be heard on any other issues, they shall submit a proposed schedule for briefing thereon also on or before July 22, 2016. (Signed by Judge Alison J. Nathan on 7/19/2016) (tn)
July 18, 2016 Opinion or Order Filing 193 LETTER addressed to Judge Alison J. Nathan from Deborah A. Skakel dated July 18, 2016 re: in Response to the 7/15/16 letter from Almaty and BTA. Document filed by Triadou SPV S.A..(Skakel, Deborah)
July 18, 2016 Opinion or Order Filing 192 MEMORANDUM AND ORDER OF ATTACHMENT: IT IS HEREBY ORDERED that Movants Motion for an Order of Attachment is GRANTED. IT IS FURTHER ORDERED that, for good cause shown, the attorneys for Movants, Boies, Schiller & Flexner LLP, and their respective employees, are hereby specially appointed pursuant to Federal Rule of Civil Procedure 4.1 to act in the place and stead of the U.S. Marshal for the Southern District of New York ("U.S. Marshal") to levy upon by service of this Order of Attachment, but refrain from taking into actual custody, the following property (As further set forth in this Order.) IT IS FURTHER ORDERED that Movants shall post an undertaking in the amount of $200,000 within ten days of this Order. IT IS FURTHER ORDERED that having been served with this Order, pursuant to CPLR 6219, garnishees are directed to acknowledge in writing to the U.S. Marshal, also served on counsel for Movants, that the debt and property attached herein will be held on behalf of the U.S. Marshal such that you, your agents, subdivisions, servants, officers, employees, and attorneys, and all persons in possession of the property and/or debts described above, and all persons acting in concert or participation with the foregoing, and all persons receiving actual notice of this Order of Attachment, will refrain from directly or indirectly transferring, or ordering, directing, or requesting or assisting in the transfer, or in any other way affecting the value of, any such property or debt. (Signed by Judge Alison J. Nathan on 7/18/2016) (cf)
July 18, 2016 Opinion or Order Filing 191 ORDER: It is hereby ORDERED that Triadou, should it wish to be heard on the Kazakh Entities' request, shall advise the Court of its position by letter to be filed on ECF no later than 9:00 AM on July 19, 2016. (As further set forth in this Order.) (Signed by Judge Alison J. Nathan on 7/18/2016) (cf)
July 15, 2016 Opinion or Order Filing 190 LETTER MOTION for Extension of Time to File Response/Reply as to #188 Memorandum of Law in Support of Motion to Dismiss RICO Claims of the City of Almaty and BTA Bank addressed to Judge Alison J. Nathan from Matthew L. Schwartz dated July 15, 2016. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
July 7, 2016 Opinion or Order Filing 189 LETTER addressed to Judge Alison J. Nathan from Deborah A. Skakel dated July 7, 2016 re: Proposed Order of Attachment. Document filed by Triadou SPV S.A..(Skakel, Deborah)
July 6, 2016 Opinion or Order Filing 188 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #84 MOTION to Dismiss the Crossclaims. . Document filed by Triadou SPV S.A.. (Skakel, Deborah)
July 5, 2016 Opinion or Order Filing 187 LETTER addressed to Judge Alison J. Nathan from Matthew L. Schwartz dated July 5, 2016 re: Proposed Attachment Order. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
July 1, 2016 Opinion or Order Filing 186 CERTIFICATE OF SERVICE of Summons and Answer to Amended Complaint, Crossclaim, Counterclaim. Viktor Khrapunov served on 5/26/2016, answer due 6/16/2016. Service was accepted by Iliyas Khrapunov, Son. Document filed by BTA Bank JSC; City of Almaty. (Attachments: #1 Translated cover letter and service writ, #2 Service writ attachments part 1, #3 Service writ attachments part 2, #4 Service writ attachments part 3)(Schwartz, Matthew)
July 1, 2016 Opinion or Order Filing 185 MEMO ENDORSEMENT on re: #184 Letter, filed by Triadou SPV S.A. ENDORSEMENT: Triadou shall serve and file its answer, if any, to Alhmaty/BTA's crossclaims within fourteen days of the Court's disposition of the pending RICO-related issues that are the subject of supplemental briefing. (Signed by Judge Alison J. Nathan on 7/1/2016) (tro)
June 30, 2016 Opinion or Order Filing 184 LETTER addressed to Judge Alison J. Nathan from Deborah A. Skakel dated June 30, 2016 re: Request Clarification with respect to the deadline for Triadou to Answer Almaty/BTA's Answer, Counterclaims, and Crossclaims. Document filed by Triadou SPV S.A..(Skakel, Deborah)
June 29, 2016 Opinion or Order Filing 183 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 7/29/2016 at 02:15 PM in Courtroom 906, U.S. Courthouse, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan, and as further set forth in this Order. Parties ordered to submit via ECF proposed case management plan and joint letter seven days before conference. (Signed by Judge Alison J. Nathan on 6/29/2016) (rjm)
June 29, 2016 Opinion or Order Filing 182 LETTER addressed to Judge Alison J. Nathan from Deborah A. Skakel dated June 29, 2016 re: Triadou's Objections to the Proposed Attachment Order as required by the Court's June 24, 2016 Order (ECF No. 175). Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit A (Proposed Order))(Skakel, Deborah)
June 29, 2016 Opinion or Order Filing 181 NOTICE OF APPEARANCE by John Patrick Curley on behalf of Ilyas Khrapunov, Viktor Khrapunov. (Curley, John)
June 29, 2016 Opinion or Order Filing 180 NOTICE OF APPEARANCE by John Joseph Kenney on behalf of Ilyas Khrapunov, Viktor Khrapunov. (Kenney, John)
June 29, 2016 Opinion or Order Filing 179 LETTER addressed to Judge Alison J. Nathan from John J. Kenney, Esq. dated June 29, 2016 re: CF 135 Flat LLC et al. v. Triadou SPY S.A. el al RE: Proposed schedule. Document filed by Ilyas Khrapunov, Viktor Khrapunov.(Kenney, John)
June 28, 2016 Opinion or Order Filing 178 LETTER addressed to Judge Alison J. Nathan from Jonathan D. Cogan dated 06/28/2016 re: CF 135 Flat LLC et al., v. Triadou SPV S.A. et al.. Document filed by Mukhtar Ablyazov.(Cogan, Jonathan)
June 28, 2016 Opinion or Order Filing 177 NOTICE OF APPEARANCE by Jonathan David Cogan on behalf of Mukhtar Ablyazov. (Cogan, Jonathan)
June 24, 2016 Opinion or Order Filing 176 CERTIFICATE OF SERVICE of Summons and Answer to Amended Complaint, Crossclaim, Counterclaim. Ilyas Khrapunov served on 5/25/2016, answer due 6/15/2016. Service was accepted by Iliyas Khrapunov. Document filed by BTA Bank JSC; City of Almaty. (Attachments: #1 Translated cover letter, #2 Service writ attachments part 1, #3 Service writ attachments part 2, #4 Service writ attachments part 3)(Schwartz, Matthew)
June 24, 2016 Opinion or Order Filing 175 MEMORANDUM AND ORDER granting #140 Motion to Attach. Because Movants have not demonstrated that an injunction preventing Triadou from enforcing its judgment against the Chetrit Entities is necessary to prevent any irreparable harm, its motion for preliminary injunction is denied. However, because Movants have demonstrated that attachment is appropriate under CPLR 6201(1) and 6201(3) and that it is probable that they will prevail on the merits of their unjust enrichment claim, their motion for attachment is granted. Triadou shall submit any objections to Movants' proposed order of attachment on or before June 29,2016. Also by June 29,2016, the parties shall meet and confer and submit a proposed amount for Movants' undertaking. This resolves Dkt. Nos. 106, 140. (As further set forth in this Order) (Signed by Judge Alison J. Nathan on 6/24/2016) (lmb)
June 21, 2016 Opinion or Order Filing 174 MEMORANDUM AND ORDER granting #47 Motion for Joinder; granting in part and denying in part #84 Motion to Dismiss: For the foregoing reasons, Almaty and BTA Bank's motion for joinder is granted and BTA Bank, Mukhtar Ablyazov, Viktor Khrapunov, and Ilyas Khrapunov are joined in this action. Triadou's motion to dismiss is granted with respect to Almaty and BTA Bank's alter ego and replevin claims, but denied in all other respects. The Court will schedule an initial pretrial conference by separate order. This resolves Dkt. Nos. 47, 84. (Signed by Judge Alison J. Nathan on 6/21/2016) (tn)
June 21, 2016 Opinion or Order Filing 173 MEMORANDUM AND ORDER. For the foregoing reasons, Defendant Almaty's motion for reconsideration is DENIED. This resolves Dkt. No. 104. SO ORDERED. Denying #104 Motion for Reconsideration re #103 Order on Motion to Dismiss, Order on Motion to Intervene. (Signed by Judge Alison J. Nathan on 6/21/2016) (rjm)
June 20, 2016 Opinion or Order Filing 172 REPLY MEMORANDUM OF LAW in Support re: #140 MOTION for Attachment Triadou SPV S.A. ., #106 MOTION for Preliminary Injunction . . Document filed by BTA Bank JSC, City of Almaty. (Schwartz, Matthew)
June 20, 2016 Opinion or Order Filing 171 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
June 13, 2016 Opinion or Order Filing 170 MEMORANDUM OF LAW in Opposition re: #140 MOTION for Attachment Triadou SPV S.A. ., #106 MOTION for Preliminary Injunction . (Conclusion of Law in Opposition). Document filed by Triadou SPV S.A.. (Skakel, Deborah)
June 13, 2016 Opinion or Order Filing 169 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Triadou SPV S.A..(Skakel, Deborah)
June 8, 2016 Opinion or Order Filing 168 ORDER granting in part #167 LETTER MOTION for Extension of Time to File Proposed Findings of Fact and Conclusions of Law in connection with the preliminary injunction and attachment motions filed by the City of Almaty and BTA Bank JSC addressed to Judge Alison J. Nathan from Deborah A. Skakel dated June 7, 2016. Document filed by Triadou SPV S.A. Triadou's request is granted in part. Its deadline to submit its findings of fact and conclusions of law is extended to Monday, June 13, 2016. Almaty and BTA Bank's reply filings shall be due Monday, June 20, 2016. No further extensions of this deadline shall be granted. Triadou shall be allowed an additional 10 pages for both its findings of fact and conclusions of law. Almaty and BTA Bank shall be allowed an additional 10 pages for its reply. So ordered. (Signed by Judge Alison J. Nathan on 6/8/2016) (rjm)
June 7, 2016 Opinion or Order Filing 167 LETTER MOTION for Extension of Time to File Proposed Findings of Fact and Conclusions of Law in connection with the preliminary injunction and attachment motions filed by the City of Almaty and BTA Bank JSC addressed to Judge Alison J. Nathan from Deborah A. Skakel dated June 7, 2016. Document filed by Triadou SPV S.A..(Skakel, Deborah)
May 31, 2016 Opinion or Order Filing 166 SECOND MEMORANDUM OF LAW in Support re: #140 MOTION for Attachment Triadou SPV S.A. ., #106 MOTION for Preliminary Injunction . . Document filed by BTA Bank JSC, City of Almaty. (Schwartz, Matthew)
May 31, 2016 Opinion or Order Filing 165 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
May 31, 2016 Opinion or Order Filing 164 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 5/19/2016 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
May 31, 2016 Opinion or Order Filing 163 TRANSCRIPT of Proceedings re: Conference held on 5/19/2016 before Judge Alison J. Nathan. Court Reporter/Transcriber: Kelly Surina, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/24/2016. Redacted Transcript Deadline set for 7/5/2016. Release of Transcript Restriction set for 9/1/2016.(McGuirk, Kelly)
May 24, 2016 Opinion or Order Filing 162 LETTER addressed to Judge Alison J. Nathan from Matthew L. Schwartz dated 5/24/2016 re: Electronic Filing of Declarations and Affidavits for May 19, 2016 Hearing. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
May 24, 2016 Opinion or Order Filing 161 LETTER addressed to Judge Alison J. Nathan from Deborah A. Skakel dated May 24, 2016 re: Your Honor's Instructions to Confirm All Affidavits and Exhibits have been filed on the Docket. Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit AA, #2 Exhibit BB, #3 Exhibit CC)(Skakel, Deborah)
May 19, 2016 Opinion or Order Minute Entry for proceedings held before Judge Alison J. Nathan: Evidentiary Hearing held on 5/19/2016. See transcript for details. (Court Reporter Sonia Ketter) (snu)
May 18, 2016 Opinion or Order Filing 160 REPLY AFFIDAVIT of Nicolas Bourg in Support re: #106 MOTION for Preliminary Injunction .. Document filed by City of Almaty. (Schwartz, Matthew)
May 18, 2016 Opinion or Order Filing 159 REPLY AFFIDAVIT of Lee Eichen in Support re: #106 MOTION for Preliminary Injunction .. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit 36, #2 Exhibit 37, #3 Exhibit 38, #4 Exhibit 39, #5 Exhibit 40, #6 Exhibit 41, #7 Exhibit 42, #8 Exhibit 43)(Schwartz, Matthew)
May 18, 2016 Opinion or Order Filing 158 AFFIDAVIT of Matthew Meltsner in Support re: #106 MOTION for Preliminary Injunction .. Document filed by BTA Bank JSC, City of Almaty. (Schwartz, Matthew)
May 18, 2016 Opinion or Order Filing 157 DECLARATION of Lee Eichen in Support re: #106 MOTION for Preliminary Injunction .. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit 11, #2 Exhibit 12, #3 Exhibit 13)(Schwartz, Matthew)
May 18, 2016 Opinion or Order Filing 156 AFFIDAVIT of Cesare Cerrito . Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit 1 to Affidavit of Cesare Cerrito, #2 Exhibit 2 to Affidavit of Cesare Cerrito, #3 Exhibit 3 to Affidavit of Cesare Cerrito, #4 Exhibit 4 to Affidavit of Cesare Cerrito, #5 Exhibit 5 to Affidavit of Cesare Cerrito, #6 Exhibit 6 to Affidavit of Cesare Cerrito)(Skakel, Deborah)
May 18, 2016 Opinion or Order Filing 155 ORDER. It is hereby ORDERED that the following attorney(s) are authorized to bring the Personal Electronic Device(s) and/or the General Purpose Computing Device(s) (collectively, "Devices") listed below into the Courthouse for use in a proceeding or trial in the action captioned CF 135 Flat LLC et al. v. Triadou SPV (N.A.) et al., No. 12cv5345. The date(s) for which such authorization is provided is (are) May 19, 2016. Attorney: Daniel Boyle. Device(s): 2 Laptop Computers, Cell phone. Attorney: Deborah Skakel. Device(s): Laptop Computer, Cell phone, and as further set forth in this Order. So ordered. (Signed by Judge Alison J. Nathan on 5/18/2016) (rjm)
May 18, 2016 Opinion or Order Filing 154 ORDER. An evidentiary hearing in the above-captioned matter is scheduled for Thursday May 19, 2016 at 9:30 a.m. In various letter motions filed with the Court, Triadou had requested to strike several witness affidavits and adjourn the evidentiary hearing. Dkt. Nos. 134, 136, 147, 149. These requests are denied. The Court will consider the witness affidavits for whatever purposes they may properly be considered and the hearing will go forward on May 19, 2016 as scheduled. The parties are further instructed to file all of their witness affidavits and exhibits on ECF prior to the start of the hearing. (Signed by Judge Alison J. Nathan on 5/18/2016) (rjm)
May 18, 2016 Opinion or Order Filing 153 ORDER granting #152 Motion for Alex Hassid to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (Nathan, Alison)
May 18, 2016 Opinion or Order Filing 152 MOTION for Alex Hassid to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12314150. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit A, #2 [Proposed] Order Granting Pro Hac Vice Application of Alex Hassid)(Hassid, Alex)
May 18, 2016 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #152 MOTION for Alex Hassid to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12314150. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
May 17, 2016 Opinion or Order Filing 151 LETTER addressed to Judge Alison J. Nathan from Matthew L. Schwartz dated 5/17/2016 re: Response to Triadou SPV S.A.'s Letter of May 16, 2016. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
May 17, 2016 Opinion or Order Filing 150 JOINT LETTER addressed to Judge Alison J. Nathan from Matthew L. Schwartz dated May 17, 2016 re: Joint Technology Order. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit A)(Schwartz, Matthew)
May 16, 2016 Opinion or Order Filing 149 LETTER addressed to Judge Alison J. Nathan from Deborah A. Skakel dated May 16, 2016 re: Objection to the "Supplemental Declaration of Lee Eichen". Document filed by Triadou SPV S.A..(Skakel, Deborah)
May 14, 2016 Opinion or Order Filing 148 LETTER addressed to Judge Alison J. Nathan from Matthew L. Schwartz dated 5/14/2016 re: 5/11/2016 Affidavit of C. Cerrito. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
May 12, 2016 Opinion or Order Filing 147 LETTER addressed to Judge Alison J. Nathan from Deborah A. Skakel dated May 12, 2016 re: Courts May 9, 2016 Order (ECF Doc. 138), and in response to the letter of Almaty/BTA Bank. Document filed by Triadou SPV S.A..(Skakel, Deborah)
May 12, 2016 Opinion or Order Filing 146 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 4/27/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
May 12, 2016 Opinion or Order Filing 145 TRANSCRIPT of Proceedings re: ARGUMENT held on 4/27/2016 before Judge Alison J. Nathan. Court Reporter/Transcriber: Kristen Carannante, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/6/2016. Redacted Transcript Deadline set for 6/16/2016. Release of Transcript Restriction set for 8/15/2016.(McGuirk, Kelly)
May 12, 2016 Opinion or Order Filing 144 DECLARATION of Jehoshua Graff in Support re: #140 MOTION for Attachment Triadou SPV S.A. .. Document filed by BTA Bank JSC, City of Almaty. (Schwartz, Matthew)
May 12, 2016 Opinion or Order Filing 143 DECLARATION of Abigail Tudor in Support re: #140 MOTION for Attachment Triadou SPV S.A. .. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit 15, #2 Exhibit 16, #3 Exhibit 17, #4 Exhibit 18, #5 Exhibit 19, #6 Exhibit 20, #7 Exhibit 21, #8 Exhibit 22, #9 Exhibit 23, #10 Exhibit 24, #11 Exhibit 25, #12 Exhibit 26, #13 Exhibit 27, #14 Exhibit 28, #15 Exhibit 29 (part 1), #16 Exhibit 29 (part 2), #17 Exhibit 30, #18 Exhibit 31, #19 Exhibit 32, #20 Exhibit 33, #21 Exhibit 34, #22 Exhibit 35)(Schwartz, Matthew)
May 12, 2016 Opinion or Order Filing 142 DECLARATION of Nicolas Bourg in Support re: #140 MOTION for Attachment Triadou SPV S.A. .. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Schwartz, Matthew)
May 12, 2016 Opinion or Order Filing 141 MEMORANDUM OF LAW in Support re: #140 MOTION for Attachment Triadou SPV S.A. . . Document filed by BTA Bank JSC, City of Almaty. (Schwartz, Matthew)
May 11, 2016 Opinion or Order Filing 140 MOTION for Attachment Triadou SPV S.A. . Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
May 11, 2016 Opinion or Order Filing 139 LETTER addressed to Judge Alison J. Nathan from Matthew L. Schwartz dated May 11, 2016 re: the Court's May 9, 2016 Order (Docket Entry No. 132). Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
May 9, 2016 Opinion or Order Filing 138 ORDER: In the past four days, the Court has received four letters from the parties addressing the witness affidavits submitted by Almaty and BTA Bank and the continuing necessity of an evidentiary hearing in light of the Monitorship imposed by the state court. After reading these letters, the Court directs the parties to respond to the inquiries below. (As further set forth in this Order.) (Signed by Judge Alison J. Nathan on 5/9/2016) (kko)
May 8, 2016 Opinion or Order Filing 137 LETTER addressed to Judge Alison J. Nathan from Sukenik, Segal & Graff, P.C. dated 5/8/2016 re: in response to letter from Triadou SPV SA's counsel (ECF No. 136). Document filed by CF 135 Flat LLC, CF 135 West Members LLC, Chetrit Group LLC.(Salhanick, David)
May 6, 2016 Opinion or Order Filing 136 LETTER addressed to Judge Alison J. Nathan from Deborah A. Skakel dated May 6, 2016 re: In Response to Letter from Counsel for Crossclaim Plaintiffs City of Almaty and BTA Bank JSC (ECF Doc. 135). Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Skakel, Deborah)
May 6, 2016 Opinion or Order Filing 135 LETTER addressed to Judge Alison J. Nathan from Matthew L. Schwartz dated May 6, 2016 re: Letters from Triadou dated May 5 and 6 [ECF Nos. 132, 134]. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit A (May 2 Email from M. Schwartz), #2 Exhibit B (May 4 Email from M. Schwartz))(Schwartz, Matthew)
May 6, 2016 Opinion or Order Filing 134 LETTER addressed to Judge Alison J. Nathan from Deborah A. Skakel dated May 6, 2016 re: Your Honor's May 6, 2016 Order (ECF Doc. 133). Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Skakel, Deborah)
May 5, 2016 Opinion or Order Filing 133 ORDER: The Court has received various emails over the past week from Defendants Almaty and Triadou. Although Rule 5.F.iii of the undersigned's Individual Practices in Civil Cases provides that witness affidavits shall not be filed on ECF, Rule 1.A requires that all other communication with the Court be by letter filed on ECF. The Court will ignore all communication that does not comply with Rules 1.A and 1.B, including the content (other than witness affidavit PDF attachments) of the parties' recent emails. (Signed by Judge Alison J. Nathan on 5/5/2016) (mro)
May 5, 2016 Opinion or Order Filing 132 LETTER addressed to Judge Alison J. Nathan from Deborah A. Skakel dated May 5, 2016 re: Update as to Triadou's Motion for a Receiver before the State Court Justice David B. Cohen. Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit 1)(Skakel, Deborah)
May 3, 2016 Opinion or Order Filing 131 MEMORANDUM AND ORDER. Because Almaty and BTA Bank have not adequately established that they "would suffer irreparable harm if the TRO does not issue," Andino, 555 F. Supp. 2d at 419, their application for a TRO is denied. So ordered. Denying #106 Motion for Preliminary Injunction. (Signed by Judge Alison J. Nathan on 5/3/2016) (rjm)
May 1, 2016 Opinion or Order Filing 130 LETTER addressed to Judge Alison J. Nathan from Matthew L. Schwartz dated 5/1/2016 re: April 29, 2016 Letter from BTA Bank and the City of Almaty, Kazakhstan. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
April 29, 2016 Opinion or Order Filing 129 LETTER addressed to Judge Alison J. Nathan from Matthew L. Schwartz dated April 29, 2016 re: April 28, 2016 Letters and Stipulation from Triadou and the Chetrit Entities (ECF Nos. 124, 126, 127). Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
April 28, 2016 Opinion or Order Filing 128 MEMO ENDORSEMENT on re: #126 LETTER addressed to Judge Alison J. Nathan from Sukenik, Segal & Graff, P.C. dated 4/28/2016 re: Your Honor's April 27, 2016 Order (ECF Doc. 122). Document filed by CF 135 Flat LLC, CF 135 West Members LLC, Chetrit Group LLC. ENDORSEMENT: Submission of the parties' status update letter after 3pm today would delay consideration of the TRO to potentially after May 4, 2016. So ordered. (Signed by Judge Alison J. Nathan on 4/28/2016) (rjm)
April 28, 2016 Opinion or Order Filing 127 LETTER addressed to Judge Alison J. Nathan from Deborah A. Skakel dated April 28, 2016 re: Your Honor's April 28, 2016 Memo Endorsement Order (ECF Doc. 125). Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit 1)(Skakel, Deborah)
April 28, 2016 Opinion or Order Filing 126 LETTER addressed to Judge Alison J. Nathan from Sukenik, Segal & Graff, P.C. dated 4/28/2016 re: re: Your Honor's April 27, 2016 Order (ECF Doc. 122).. Document filed by CF 135 Flat LLC, CF 135 West Members LLC, Chetrit Group LLC.(Salhanick, David)
April 28, 2016 Opinion or Order Filing 125 MEMO ENDORSEMENT on re: #124 LETTER addressed to Judge Alison J. Nathan from Deborah A. Skakel dated April 28, 2016 re: Your Honor's April 27, 2016 Order (ECF Doc. 122). Document filed by Triadou SPV S.A. ENDORSEMENT: So ordered. (Signed by Judge Alison J. Nathan on 4/28/2016) (rjm)
April 28, 2016 Opinion or Order Filing 124 LETTER addressed to Judge Alison J. Nathan from Deborah A. Skakel dated April 28, 2016 re: Your Honor's April 27, 2016 Order (ECF Doc. 122). Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Skakel, Deborah)
April 28, 2016 Opinion or Order Filing 123 CERTIFICATE OF SERVICE of Summons and Answer to Amended Complaint, Crossclaim, Counterclaim. Mukhtar Ablyazov served on 4/27/2016, answer due 5/18/2016. Service was accepted by Madame SALMON Nadje, Judicial Registrar, FLEURY MEROGIS House of Detention. Document filed by BTA Bank JSC; City of Almaty. (Attachments: #1 Exhibit Service Writ with translations, #2 Exhibit Service Writ with attachments)(Schwartz, Matthew)
April 27, 2016 Opinion or Order Filing 122 ORDER: The parties shall meet and confer within the next 24 hours about the possibility of limiting the state court motion for receivership. The parties shall submit a letter to the Court no later than noon on April 28, 2016 informing the Court of the result of these negotiations. An evidentiary hearing is scheduled from 9:30a.m. to 12:30 p.m. on Thursday, May 19,2016. Triadou and Almaty/BTA Bank shall each have a total of 90 minutes to present evidence (including cross examination, re-direct examination, etc.). And as set forth herein. SO ORDERED., ( Evidentiary Hearing set for 5/19/2016 at 09:30 AM before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 4/27/2016) (ama)
April 27, 2016 Opinion or Order Minute Entry for proceedings held before Judge Alison J. Nathan: Scheduling Conference held on 4/27/2016 in regards to developing a schedule for a hearing and the submission of materials to the Court for resolution of the preliminary injunction motion. An evidentiary hearing was set for Thursday, May 19, 2016 at 9:30 am in Courtroom 906 of the United States District Court for the Southern District of New York, Thurgood Marshall U.S. Courthouse at 40 Foley Square, New York, New York. Order to follow setting a schedule for submissions. See transcript for details. (Court Reporter Kristen Carannante) (snu)
April 25, 2016 Opinion or Order Filing 121 ORDER: In light of the parties' disagreement, the Court will conduct a scheduling conference at 10:00 a.m. on April 27, 2016 to develop a schedule for a hearing and the submission of materials to the Court for resolution of the preliminary injunction motion. The parties shall meet and confer for at least an hour in person or by phone prior to the conference in an effort to come to a joint agreement on a schedule. In the event that one party seeks a longer schedule, the parties shall consider the possibility of an agreement to maintain the status quo until the preliminary injunction motion can be resolved.To inform the parties' scheduling discussion, the Court instructs the parties that any evidentiary hearing will be conducted in accordance with Rule 5.F.iii of the undersigned's Individual Practices in Civil Cases, which provides that the direct testimony of witnesses shall be by written affidavit, with cross-examination conducted in person. SO ORDERED. ( Evidentiary Hearing set for 4/27/2015 at 10:00 AM before Judge Alison J. Nathan., Oral Argument set for 4/27/2016 at 10:00 AM before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 4/25/2016) (ama)
April 25, 2016 Opinion or Order Filing 120 JOINT LETTER addressed to Judge Alison J. Nathan from Deborah A. Skakel dated April 25, 2016 re: Your Honor's Order dated 4/22/16 (Corrected). Document filed by Triadou SPV S.A..(Skakel, Deborah)
April 25, 2016 Opinion or Order Filing 119 JOINT LETTER addressed to Judge Alison J. Nathan from Deborah A. Skakel dated April 25, 2016 re: Your Honor's Order dated 4/22/16. Document filed by Triadou SPV S.A..(Skakel, Deborah)
April 22, 2016 Opinion or Order Filing 118 REPLY AFFIRMATION of Matthew L. Schwartz in Support re: #106 MOTION for Preliminary Injunction .. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Schwartz, Matthew)
April 22, 2016 Opinion or Order Filing 117 REPLY MEMORANDUM OF LAW in Support re: #106 MOTION for Preliminary Injunction . . Document filed by BTA Bank JSC, City of Almaty. (Schwartz, Matthew)
April 22, 2016 Opinion or Order Filing 116 REPLY MEMORANDUM OF LAW in Support re: #104 MOTION for Reconsideration re; #103 Order on Motion to Dismiss, Order on Motion to Intervene,,,,,,, . . Document filed by BTA Bank JSC, City of Almaty. (Schwartz, Matthew)
April 21, 2016 Opinion or Order Filing 115 ORDER granting #113 Letter Motion for Conference. On April 20, 2016, the Court received a request from Defendant Almaty for a "hearing or conference with respect to the pending preliminary injunction motion." Dkt. No. 113. The matter is hereby set for Wednesday, April 27, 2016 at 10:00 a.m. The parties are ordered to submit a joint letter by noon on Monday, April 25, 2016. This letter shall clarify whether the parties are seeking an evidentiary hearing for the resolution of factual disputes or oral argument on the papers. If the parties seek an evidentiary hearing, they shall indicate in their letter what witnesses they will call and how long they anticipate the hearing will take. Status Conference set for 4/27/2016 at 10:00 AM before Judge Alison J. Nathan.. (Signed by Judge Alison J. Nathan on 4/21/2016) (mro)
April 21, 2016 Opinion or Order Filing 114 LETTER addressed to Judge Alison J. Nathan from Deborah A. Skakel dated April 21, 2016 re: Orders (both Your Honor's and those of State Court Justices Donna Mills and David Cohen). Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Skakel, Deborah)
April 20, 2016 Opinion or Order Filing 113 LETTER MOTION for Conference (Expedited Scheduling of Hearing on Preliminary Injunction Motion) addressed to Judge Alison J. Nathan from Matthew L. Schwartz dated April 20, 2016. Document filed by City of Almaty. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Schwartz, Matthew)
April 20, 2016 Opinion or Order Filing 112 DECLARATION of David Segal in Support re: #106 MOTION for Preliminary Injunction .. Document filed by CF 135 Flat LLC, CF 135 West Members LLC, Chetrit Group LLC. (Salhanick, David)
April 15, 2016 Opinion or Order Filing 111 MEMORANDUM OF LAW in Opposition re: #104 MOTION for Reconsideration re; #103 Order on Motion to Dismiss, Order on Motion to Intervene,,,,,,, . . Document filed by Triadou SPV S.A.. (Skakel, Deborah)
April 15, 2016 Opinion or Order Filing 110 AFFIRMATION of Craig B. Kravit in Opposition re: #106 MOTION for Preliminary Injunction .. Document filed by Triadou SPV S.A.. (Skakel, Deborah)
April 15, 2016 Opinion or Order Filing 109 MEMORANDUM OF LAW in Opposition re: #106 MOTION for Preliminary Injunction . . Document filed by Triadou SPV S.A.. (Skakel, Deborah)
April 1, 2016 Opinion or Order Filing 108 DECLARATION of Matthew L. Schwartz in Support re: #106 MOTION for Preliminary Injunction .. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H (Part 1 of 2), #9 Exhibit H (Part 2 of 2))(Schwartz, Matthew)
April 1, 2016 Opinion or Order Filing 107 MEMORANDUM OF LAW in Support re: #106 MOTION for Preliminary Injunction . . Document filed by BTA Bank JSC, City of Almaty. (Schwartz, Matthew)
April 1, 2016 Opinion or Order Filing 106 MOTION for Preliminary Injunction . Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
April 1, 2016 Opinion or Order Filing 105 MEMORANDUM OF LAW in Support re: #104 MOTION for Reconsideration re; #103 Order on Motion to Dismiss, Order on Motion to Intervene,,,,,,, . . Document filed by BTA Bank JSC, City of Almaty. (Schwartz, Matthew)
April 1, 2016 Opinion or Order Filing 104 MOTION for Reconsideration re; #103 Order on Motion to Dismiss, Order on Motion to Intervene,,,,,,, . Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
March 18, 2016 Opinion or Order Filing 103 MEMORANDUM AND ORDER granting #29 Motion to Dismiss; denying as moot #45 Motion to Intervene; terminating #18 Motion to Dismiss. For the foregoing reasons, Triadou's motion to dismiss the interpleader complaint is GRANTED. Because the Court is dismissing the interpleader complaint, BTA Bank's motion to intervene in the interpleader action is denied as moot. The Court will separately consider Almaty's motion for joinder and Triadou' s motion to dismiss Almaty's crossclaims. This resolves Dkt. Nos. 18, 29, 45. (As further set forth in this order) (Signed by Judge Alison J. Nathan on 3/18/2016) (lmb) Modified on 3/18/2016 (lmb).*** Party BTA Bank JSC and Triadou SPV S.A. terminated.
February 22, 2016 Opinion or Order Filing 102 MEMORANDUM AND ORDER. Because Plaintiffs cannot demonstrate that paying the $21 million of disputed funds to the New York state court constitutes an irreparable injury, particularly in light of their previous consent to this condition, Plaintiffs' motion is DENIED. As a final note, Justice Mills's order provides that Plaintiffs "may seek to modify this order at such time as they can demonstrate that the money must be paid into the district court." Dkt. No. 93 Ex. A. at 10. Thus, if, at a later date, this Court orders Plaintiffs to deposit the interpleader funds with the Clerk of Court in this district, the Court will give Plaintiffs adequate time to apply to Justice Mills for appropriate relief from its state court obligations. This resolves Dkt. No. 94. So ordered. Denying #94 LETTER MOTION to Stay related N.Y. State court proceedings addressed to Judge Alison J. Nathan from Sukenik, Segal & Graff, P.C. dated 2/17/2016. Document filed by CF 135 Flat LLC, CF 135 West Members LLC, Chetrit Group LLC. (Signed by Judge Alison J. Nathan on 2/22/2016) (rjm)
February 22, 2016 Opinion or Order Filing 101 LETTER REPLY to Response to Motion addressed to Judge Alison J. Nathan from Sukenik, Segal & Graff, P.C. dated 2/22/2016 re: #94 LETTER MOTION to Stay related N.Y. State court proceedings addressed to Judge Alison J. Nathan from Sukenik, Segal & Graff, P.C. dated 2/17/2016. . Document filed by CF 135 Flat LLC, CF 135 West Members LLC, Chetrit Group LLC. (Salhanick, David)
February 19, 2016 Opinion or Order Filing 100 LETTER RESPONSE to Motion addressed to Judge Alison J. Nathan from Deborah A. Skakel dated February 19, 2016 re: #94 LETTER MOTION to Stay related N.Y. State court proceedings addressed to Judge Alison J. Nathan from Sukenik, Segal & Graff, P.C. dated 2/17/2016. . Document filed by Triadou SPV S.A.. (Skakel, Deborah)
February 19, 2016 Opinion or Order Filing 99 LETTER addressed to Judge Alison J. Nathan from Matthew L. Schwartz dated February 19, 2016 re: Your Honors Order of February 18, 2016. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
February 19, 2016 Opinion or Order Filing 98 LETTER addressed to Judge Alison J. Nathan from Deborah A. Skakel dated February 19, 2016 re: In Response to the February 12, 2016 Letter (Doc No. 93). Document filed by Triadou SPV S.A..(Skakel, Deborah)
February 18, 2016 Opinion or Order Filing 97 ORDER. On February 17, 2016, Plaintiffs requested that the Court enjoin Defendant Triadou from enforcing any judgment in the New York state court proceedings related to the instant action. Dkt. No. 94. Plaintiffs specifically expressed concern over the state court's February 2, 2016 order that, to receive a stay and thus avoid enforcement of the judgment, Plaintiffs would have to deposit the $21 million in controversy with the state court within 20 days. Id. Due to the time sensitive nature of Plaintiffs' request, Defendant Triadou and Defendant Almaty's responses, if any, shall be due by 5:00 p.m. on Friday, February 19, 2016. So ordered. (Responses due by 2/19/2016) (Signed by Judge Alison J. Nathan on 2/18/2016) (rjm)
February 17, 2016 Opinion or Order Filing 96 NOTICE OF CHANGE OF ADDRESS by Robyn Leigh Michaelson on behalf of Triadou SPV S.A.. New Address: Blank Rome LLP, 405 Lexington Avenue, New York, New York, USA 10174, 212-885-5000. (Michaelson, Robyn)
February 17, 2016 Opinion or Order Filing 95 NOTICE OF CHANGE OF ADDRESS by Deborah A. Skakel on behalf of Triadou SPV S.A.. New Address: Blank Rome LLP, 405 Lexington Avenue, New York, New York, USA 10174, 212-885-5000. (Skakel, Deborah)
February 17, 2016 Opinion or Order Filing 94 LETTER MOTION to Stay related N.Y. State court proceedings addressed to Judge Alison J. Nathan from Sukenik, Segal & Graff, P.C. dated 2/17/2016. Document filed by CF 135 Flat LLC, CF 135 West Members LLC, Chetrit Group LLC.(Salhanick, David)
February 12, 2016 Opinion or Order Filing 93 LETTER addressed to Judge Alison J. Nathan from Matthew L. Schwartz dated February 12, 2016 re: Newly-Decided Authority in New York State Court Actions. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit A)(Schwartz, Matthew)
February 5, 2016 Opinion or Order Filing 92 LETTER addressed to Judge Alison J. Nathan from Deborah A. Skakel dated February 5, 2016 re: Oral Argument. Document filed by Triadou SPV S.A..(Skakel, Deborah)
February 5, 2016 Opinion or Order Filing 91 REPLY MEMORANDUM OF LAW in Support re: #84 MOTION to Dismiss the Crossclaims. . Document filed by Triadou SPV S.A.. (Skakel, Deborah)
February 5, 2016 Opinion or Order Filing 90 DECLARATION of Deborah A. Skakel re: #84 MOTION to Dismiss the Crossclaims. . Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Skakel, Deborah)
January 23, 2016 Opinion or Order Filing 89 LETTER addressed to Judge Alison J. Nathan from Matthew L. Schwartz dated 1/23/2016 re: Oral Argument on Motion to Dismiss the Crossclaims. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
January 22, 2016 Opinion or Order Filing 88 MEMORANDUM OF LAW in Opposition re: #84 MOTION to Dismiss the Crossclaims. . Document filed by BTA Bank JSC, City of Almaty. (Schwartz, Matthew)
January 22, 2016 Opinion or Order Filing 87 DECLARATION of Matthew L. Schwartz in Opposition re: #84 MOTION to Dismiss the Crossclaims.. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Schwartz, Matthew)
December 18, 2015 Opinion or Order Filing 86 MEMORANDUM OF LAW in Support re: #84 MOTION to Dismiss the Crossclaims. . Document filed by Triadou SPV S.A.. (Skakel, Deborah)
December 18, 2015 Opinion or Order Filing 85 DECLARATION of Deborah A. Skakel in Support re: #84 MOTION to Dismiss the Crossclaims.. Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Skakel, Deborah)
December 18, 2015 Opinion or Order Filing 84 MOTION to Dismiss the Crossclaims. Document filed by Triadou SPV S.A..(Skakel, Deborah)
December 15, 2015 Opinion or Order Filing 83 ORDER granting #82 Letter Motion for Leave to File Excess Pages. So ordered. (Signed by Judge Alison J. Nathan on 12/15/2015) (cf)
December 15, 2015 Opinion or Order Filing 82 LETTER MOTION for Leave to File Excess Pages in the memorandum of law in support of Motion to Dismiss the Crossclaims addressed to Judge Alison J. Nathan from Deborah A. Skakel dated 12/15/2015. Document filed by Triadou SPV S.A..(Skakel, Deborah)
December 3, 2015 Opinion or Order Filing 81 ORDER. Because Defendant Triadou cites no authority permitting the Court to order the production of the settlement agreement and Defendant Almaty has represented that the settlement does not release any claims against the interpleaded funds, the Court denies Defendant Triadou's motion. This resolves Dkt. No. 77. Denying #77 LETTER MOTION to Compel City of Almaty, BTA Bank JSC and CF 135 Flat LLC, CF 135 West Member LLC and the Chetrit Group, LLC to provide a copy of the settlement agreement between Almaty/BTA and the Chetrit Entities addressed to Judge Alison J. Nathan from Deborah A. Skakel dated 11/23/2015. Document filed by Triadou SPV S.A. (Signed by Judge Alison J. Nathan on 12/2/2015) (rjm)
December 1, 2015 Opinion or Order Filing 80 LETTER REPLY to Response to Motion addressed to Judge Alison J. Nathan from Deborah A. Skakel dated 12/01/2015 re: #77 LETTER MOTION to Compel City of Almaty, BTA Bank JSC and CF 135 Flat LLC, CF 135 West Member LLC and the Chetrit Group, LLC to provide a copy of the settlement agreement between Almaty/BTA and the Chetrit Entities addressed to Judge Aliso n J. Nathan. Document filed by Triadou SPV S.A.. (Skakel, Deborah)
November 25, 2015 Opinion or Order Filing 79 LETTER RESPONSE in Opposition to Motion addressed to Judge Alison J. Nathan from Matthew L. Schwartz dated 11/25/2015 re: #77 LETTER MOTION to Compel City of Almaty, BTA Bank JSC and CF 135 Flat LLC, CF 135 West Member LLC and the Chetrit Group, LLC to provide a copy of the settlement agreement between Almaty/BTA and the Chetrit Entities addressed to Judge Aliso n J. Nathan. Document filed by BTA Bank JSC, City of Almaty. (Schwartz, Matthew)
November 25, 2015 Opinion or Order Filing 78 ELECTRONIC SUMMONS ISSUED as to 227 East 19th Holder LLC, Mukhtar Ablyazov, Joseph Chetrit, Ilyas Khrapunov, Viktor Khrapunov. (laq)
November 23, 2015 Opinion or Order Filing 77 LETTER MOTION to Compel City of Almaty, BTA Bank JSC and CF 135 Flat LLC, CF 135 West Member LLC and the Chetrit Group, LLC to provide a copy of the settlement agreement between Almaty/BTA and the Chetrit Entities addressed to Judge Alison J. Nathan from Deborah A. Skakel dated 11/23/2015. Document filed by Triadou SPV S.A..(Skakel, Deborah)
November 20, 2015 Opinion or Order Filing 76 LETTER addressed to Judge Alison J. Nathan from Matthew L. Schwartz dated 11/20/2015 re: Oral Argument on Motions for Joinder and Intervention. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
November 20, 2015 Opinion or Order Filing 75 REPLY MEMORANDUM OF LAW in Support re: #47 MOTION for Joinder of Joseph Chetrit, 227 East 19th Holder LLC, Viktor Khrapunov, Ilyas Khrapunov, Mukhtar Ablyazov, and BTA Bank. . Document filed by City of Almaty. (Schwartz, Matthew)
November 20, 2015 Opinion or Order Filing 74 REPLY MEMORANDUM OF LAW in Support re: #45 MOTION to Intervene . . Document filed by BTA Bank JSC. (Schwartz, Matthew)
November 20, 2015 Opinion or Order ADD PARTY FOR PLEADING. Defendants/Respondents Ilyas Khrapunov, Viktor Khrapunov, Mukhtar Ablyazov added. Party added pursuant to #1 Notice of Removal. Document filed by City of Almaty, BTA Bank JSC. Related document: #1 Notice of Removal filed by City of Almaty.(Schwartz, Matthew)
November 17, 2015 Opinion or Order Filing 73 ORDER granting #72 Letter Motion for Extension of Time. So ordered. (Signed by Judge Alison J. Nathan on 11/17/2015) (kl)
November 17, 2015 Opinion or Order Filing 72 LETTER MOTION for Extension of Time and briefing schedule re Motion to Dismiss the Answer and Cross-Claims addressed to Judge Alison J. Nathan from Deborah A. Skakel dated 11/17/2015. Document filed by Triadou SPV S.A..(Skakel, Deborah)
November 17, 2015 Opinion or Order Set/Reset Deadlines: Motions due by 12/18/2015. Responses due by 1/22/2016 Replies due by 2/5/2016. (kl)
November 16, 2015 Opinion or Order Filing 71 NOTICE OF VOLUNTARY DISMISSAL: Pursuant to Federal Rule of Civil Procedure 41 (a)(1)(A)(i) and 41(c)(1), the City of Almaty, Kazakhstan, and BTA Bank give notice that the counterclaims against Joseph Chetrit, the Chetrit Group LLC, CF 135 Flat LLC, CF 135 West Member LLC, and 227 East 19th Holder LLC are voluntarily dismissed with prejudice., Chetrit Group LLC, CF 135 Flat LLC and CF 135 West Members LLC terminated. (Signed by Judge Alison J. Nathan on 11/16/2015) (lmb)
November 12, 2015 Opinion or Order Filing 70 NOTICE of Voluntary Dismissal With Prejudice of Counterclaims Against Joseph Chetrit, the Chetrit Group LLC, CF 135 Flat LLC, CF 135 West Member LLC, and 227 East 19th Holder LLC re: #49 Answer to Amended Complaint, Crossclaim, Counterclaim. Document filed by BTA Bank JSC, City of Almaty. (Schwartz, Matthew)
November 12, 2015 Opinion or Order Filing 69 LETTER addressed to Judge Alison J. Nathan from Matthew L. Schwartz dated November 12, 2015 re: Voluntary Dismissal of Counterclaims Against the Chetrit Entities. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Notice of Voluntary Dismissal of Counterclaims)(Schwartz, Matthew)
November 10, 2015 Opinion or Order Filing 68 MEMORANDUM OF LAW in Opposition re: #47 MOTION for Joinder of Joseph Chetrit, 227 East 19th Holder LLC, Viktor Khrapunov, Ilyas Khrapunov, Mukhtar Ablyazov, and BTA Bank. . Document filed by Triadou SPV S.A.. (Skakel, Deborah)
November 10, 2015 Opinion or Order Filing 67 MEMORANDUM OF LAW in Opposition re: #45 MOTION to Intervene . . Document filed by Triadou SPV S.A.. (Skakel, Deborah)
November 6, 2015 Opinion or Order Filing 66 REQUEST FOR ISSUANCE OF SUMMONS as to Joseph Chetrit, 227 East 19th Holder LLC, Mukhtar Ablyazov, Viktor Khrapunov, Ilyas Khrapunov, re: #49 Answer to Amended Complaint, Crossclaim, Counterclaim. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Attachment, Full Case Caption, #2 Rider, All New Parties)(Schwartz, Matthew)
November 6, 2015 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney to RE-FILE Document No. #65 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (moh)
November 5, 2015 Opinion or Order Filing 65 FILING ERROR - DEFICIENT PLEADING -PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Joseph Chetrit, 227 East 19th Holder LLC, Mukhtar Ablyazov, Viktor Khrapunov, Ilyas Khrapunov, re: #49 Answer to Amended Complaint, Crossclaim, Counterclaim. Document filed by BTA Bank JSC, City of Almaty. (Attachments: #1 Attachment, Full Case Caption, #2 Rider, All New Parties)(Schwartz, Matthew) Modified on 11/6/2015 (moh).
October 27, 2015 Opinion or Order Filing 64 ORDER granting #63 CONSENT LETTER MOTION for Extension of Time - from 10/29/2015 to 11/10/2015 - for defendant Triadou SPV S.A. to file (1) opposition to the motion of defendant City of Almaty for joinder [Dkts. 47-48] and (2) opposition to the motion of intervenor applicant BTA Bank to intervene [Dkts. 45-46] addressed to Judge Alison J. Nathan from Deborah A. Skakel dated 10/26/2015. Document filed by Triadou SPV S.A. So ordered. (Signed by Judge Alison J. Nathan on 10/27/2015) (rjm)
October 27, 2015 Opinion or Order Set/Reset Deadlines: Responses due by 11/10/2015. (rjm)
October 26, 2015 Opinion or Order Filing 63 CONSENT LETTER MOTION for Extension of Time - from 10/29/2015 to 11/10/2015 - for defendant Triadou SPV S.A. to file (1) opposition to the motion of defendant City of Almaty for joinder [Dkts. 47-48] and (2) opposition to the motion of intervenor applicant BTA Bank to intervene [Dkts. 45-46] addressed to Judge Alison J. Nathan from Deborah A. Skakel dated 10/26/2015. Document filed by Triadou SPV S.A..(Skakel, Deborah)
October 23, 2015 Opinion or Order Filing 62 ORDER denying #56 Letter Motion to Stay: For the foregoing reasons, Defendant Triadou's motion is denied. However, as noted above, the Court will grant an extension of time to answer or move to dismiss Defendant Almaty's crossclaims and counterclaims to November 25, 2015. This resolves Dkt. No. 56. (Signed by Judge Alison J. Nathan on 10/23/2015) (tn)
October 23, 2015 Opinion or Order Filing 61 ORDER Granting #59 LETTER MOTION for Extension of Time to File Response/Reply to City of Almaty's counterclaims and/or cross-claims addressed to Judge Alison J. Nathan from Sukenik, Segal & Graff, P.C. dated 10/22/2015. Document filed by CF 135 Flat LLC, CF 135 West Members LLC, Chetrit Group LLC. Terminating #52 LETTER MOTION to Stay Plaintiffs' Rule 12(a) Reply to Counterclaims addressed to Judge Alison J. Nathan from Sukenik, Segal & Graff, P.C. dated 10/16/2015. Document filed by CF 135 Flat LLC, CF 135 West Members LLC, Chetrit Group LLC. This Order Resolves Dkt. No. 52 and 59. So ordered. (Signed by Judge Alison J. Nathan on 10/23/2015) (rjm)
October 23, 2015 Opinion or Order Set/Reset Deadlines: Triadou SPV S.A. answer due 11/25/2015. (tn)
October 22, 2015 Opinion or Order Filing 60 LETTER addressed to Judge Alison J. Nathan from Sukenik, Segal & Graff, P.C. dated 10/22/2015 re: Withdrawing Plaintiffs' October 16, 2015 Letter Motion (ECF Doc. No. 52). Document filed by CF 135 Flat LLC, CF 135 West Members LLC, Chetrit Group LLC.(Segal, David)
October 22, 2015 Opinion or Order Filing 59 LETTER MOTION for Extension of Time to File Response/Reply to City of Almaty's counterclaims and/or cross-claims addressed to Judge Alison J. Nathan from Sukenik, Segal & Graff, P.C. dated 10/22/2015. Document filed by CF 135 Flat LLC, CF 135 West Members LLC, Chetrit Group LLC.(Segal, David)
October 22, 2015 Opinion or Order Filing 58 LETTER REPLY to Response to Motion addressed to Judge Alison J. Nathan from Deborah A. Skakel dated 10/22/15 re: #56 LETTER MOTION to Stay re: #53 Response in Opposition to Motion, #52 LETTER MOTION to Stay Plaintiffs' Rule 12(a) Reply to Counterclaims addressed to Judge Alison J. Nathan from Sukenik, Segal & Graff, P.C. dated 10/16/2015. & . Document filed by Triadou SPV S.A.. (Skakel, Deborah)
October 21, 2015 Opinion or Order Filing 57 LETTER RESPONSE in Opposition to Motion addressed to Judge Alison J. Nathan from Matthew L. Schwartz dated October 21, 2015 re: #56 LETTER MOTION to Stay re: #53 Response in Opposition to Motion, #52 LETTER MOTION to Stay Plaintiffs' Rule 12(a) Reply to Counterclaims addressed to Judge Alison J. Nathan from Sukenik, Segal & Graff, P.C. dated 10/16/2015. & . Document filed by BTA Bank JSC, City of Almaty. (Schwartz, Matthew)
October 20, 2015 Opinion or Order Filing 56 LETTER MOTION to Stay re: #53 Response in Opposition to Motion, #52 LETTER MOTION to Stay Plaintiffs' Rule 12(a) Reply to Counterclaims addressed to Judge Alison J. Nathan from Sukenik, Segal & Graff, P.C. dated 10/16/2015. addressed to Judge Alison J. Nathan from Deborah A. Skakel dated 10/20/2015. Document filed by Triadou SPV S.A..(Skakel, Deborah)
October 19, 2015 Opinion or Order Filing 55 LETTER REPLY to Response to Motion addressed to Judge Alison J. Nathan from Sukenik, Segal & Graff, P.C. dated 10/19/2015 re: #52 LETTER MOTION to Stay Plaintiffs' Rule 12(a) Reply to Counterclaims addressed to Judge Alison J. Nathan from Sukenik, Segal & Graff, P.C. dated 10/16/2015. CORRECTED. Document filed by CF 135 Flat LLC, CF 135 West Members LLC, Chetrit Group LLC. (Segal, David)
October 19, 2015 Opinion or Order Filing 54 FILING ERROR - DUPLICATE DOCUMENT - LETTER REPLY to Response to Motion addressed to Judge Alison J. Nathan from Sukenik, Segal & Graff, P.C. dated 10/19/2015 re: #52 LETTER MOTION to Stay Plaintiffs' Rule 12(a) Reply to Counterclaims addressed to Judge Alison J. Nathan from Sukenik, Segal & Graff, P.C. dated 10/16/2015. . Document filed by CF 135 Flat LLC, CF 135 West Members LLC, Chetrit Group LLC. (Segal, David) Modified on 10/21/2015 (db).
October 16, 2015 Opinion or Order Filing 53 LETTER RESPONSE in Opposition to Motion addressed to Judge Alison J. Nathan from Matthew L. Schwartz dated October 16, 2015 re: #52 LETTER MOTION to Stay Plaintiffs' Rule 12(a) Reply to Counterclaims addressed to Judge Alison J. Nathan from Sukenik, Segal & Graff, P.C. dated 10/16/2015. . Document filed by BTA Bank JSC, City of Almaty. (Schwartz, Matthew)
October 16, 2015 Opinion or Order Filing 52 LETTER MOTION to Stay Plaintiffs' Rule 12(a) Reply to Counterclaims addressed to Judge Alison J. Nathan from Sukenik, Segal & Graff, P.C. dated 10/16/2015. Document filed by CF 135 Flat LLC, CF 135 West Members LLC, Chetrit Group LLC.(Segal, David)
October 13, 2015 Opinion or Order Filing 51 NOTICE OF APPEARANCE by Randall Wade Jackson on behalf of BTA Bank JSC. (Jackson, Randall)
October 13, 2015 Opinion or Order Filing 50 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Kazkommertsbank JSC for BTA Bank JSC, BTA Bank JSC, BTA Bank JSC. Document filed by BTA Bank JSC.(Schwartz, Matthew)
October 12, 2015 Opinion or Order Filing 49 ANSWER to #25 Amended Complaint with JURY DEMAND., CROSSCLAIM against Triadou SPV S.A.., COUNTERCLAIM against CF 135 Flat LLC, CF 135 West Members LLC, Chetrit Group LLC. Document filed by BTA Bank JSC, City of Almaty.(Schwartz, Matthew)
October 12, 2015 Opinion or Order Filing 48 MEMORANDUM OF LAW in Support re: #47 MOTION for Joinder of Joseph Chetrit, 227 East 19th Holder LLC, Viktor Khrapunov, Ilyas Khrapunov, Mukhtar Ablyazov, and BTA Bank. . Document filed by City of Almaty. (Schwartz, Matthew)
October 12, 2015 Opinion or Order Filing 47 MOTION for Joinder of Joseph Chetrit, 227 East 19th Holder LLC, Viktor Khrapunov, Ilyas Khrapunov, Mukhtar Ablyazov, and BTA Bank. Document filed by City of Almaty.(Schwartz, Matthew)
October 12, 2015 Opinion or Order Filing 46 MEMORANDUM OF LAW in Support re: #45 MOTION to Intervene . . Document filed by BTA Bank JSC. (Schwartz, Matthew)
October 12, 2015 Opinion or Order Filing 45 MOTION to Intervene . Document filed by BTA Bank JSC.(Schwartz, Matthew)
October 12, 2015 Opinion or Order Filing 44 NOTICE OF APPEARANCE by Matthew Lane Schwartz on behalf of BTA Bank JSC. (Schwartz, Matthew)
October 8, 2015 Opinion or Order Filing 43 REPLY MEMORANDUM OF LAW in Support re: #29 MOTION to Dismiss the Amended Interpleader Complaint. and in Response to Plaintiffs' Opposition. Document filed by Triadou SPV S.A.. (Skakel, Deborah)
October 8, 2015 Opinion or Order Filing 42 REPLY MEMORANDUM OF LAW in Support re: #29 MOTION to Dismiss the Amended Interpleader Complaint. and in Response to the City of Almaty's Opposition. Document filed by Triadou SPV S.A.. (Skakel, Deborah)
September 28, 2015 Opinion or Order Filing 41 ORDER granting #36 SECOND LETTER MOTION for Extension of Time to File Answer re: #25 Amended Complaint addressed to Judge Alison J. Nathan from Matthew L. Schwartz dated September 24, 2015. Document filed by City of Almaty. Defendant Almaty's request for a second extension of time to answer Plaintiffs' amended interpleader complaint is GRANTED. Defendant Almaty shall file its answer on or before October 12, 2015. No further extensions will be granted. City of Almaty answer due 10/12/2015. (Signed by Judge Alison J. Nathan on 9/25/2015) (rjm)
September 25, 2015 Opinion or Order Filing 40 DECLARATION of David Salhanick in Opposition re: #29 MOTION to Dismiss the Amended Interpleader Complaint.. Document filed by CF 135 Flat LLC, CF 135 West Members LLC, Chetrit Group LLC. (Attachments: #1 Exhibit Letter dated 3/24/15, #2 Exhibit Letter dated 4/30/15, #3 Exhibit Order to Show Cause dated 5/26/15, #4 Exhibit Notice of Removal, #5 Exhibit Order to Show Cause dated 7/7/15, #6 Exhibit Letter dated 7/21/15, #7 Exhibit Letter dated 7/23/15)(Salhanick, David)
September 25, 2015 Opinion or Order Filing 39 MEMORANDUM OF LAW in Opposition re: #29 MOTION to Dismiss the Amended Interpleader Complaint. . Document filed by CF 135 Flat LLC, CF 135 West Members LLC, Chetrit Group LLC. (Salhanick, David)
September 25, 2015 Opinion or Order Filing 38 NOTICE OF APPEARANCE by David Salhanick on behalf of CF 135 Flat LLC, CF 135 West Members LLC, Chetrit Group LLC. (Salhanick, David)
September 24, 2015 Opinion or Order Filing 37 ORDER granting #35 Letter Motion for Extension of Time. Defendant Triadou's request for a 10 day extension to file its reply to Defendant Almaty's opposition is GRANTED. Defendant Triadou's replies to both Defendant Almaty's opposition and Plaintiffs' opposition shall be due on or before October 8, 2015. (As further set forth herein.) (Signed by Judge Alison J. Nathan on 9/24/2015) (mro)
September 24, 2015 Opinion or Order Set/Reset Deadlines: Replies due by 10/8/2015. (mro)
September 24, 2015 Opinion or Order Filing 36 SECOND LETTER MOTION for Extension of Time to File Answer re: #25 Amended Complaint addressed to Judge Alison J. Nathan from Matthew L. Schwartz dated September 24, 2015. Document filed by City of Almaty.(Schwartz, Matthew)
September 24, 2015 Opinion or Order Filing 35 LETTER MOTION for Extension of Time to file Triadou's reply to Almaty's opposition to motion to dismiss the Amended Interpleader Complaint [Dkt. 34] addressed to Judge Alison J. Nathan from Deborah A. Skakel dated 9/24/2015. Document filed by Triadou SPV S.A..(Skakel, Deborah)
September 17, 2015 Opinion or Order Filing 34 MEMORANDUM OF LAW in Opposition re: #29 MOTION to Dismiss the Amended Interpleader Complaint. . Document filed by City of Almaty. (Schwartz, Matthew)
September 9, 2015 Opinion or Order Filing 33 ORDER granting #32 Letter Motion for Extension of Time to File Response/Reply. Plaintiffs' request is GRANTED. Plaintiffs' opposition to Defendant Triadou's motion to dismiss shall be due on or before September 28, 2015. SO ORDERED. Responses due by 9/28/2015 (Signed by Judge Alison J. Nathan on 9/9/2015) (ajs)
September 9, 2015 Opinion or Order Filing 32 LETTER MOTION for Extension of Time to File Response/Reply to Triadou SPV S.A.'s Motion to Dismiss addressed to Judge Alison J. Nathan from Sukenik, Segal & Graff, P.C. dated 9/9/15. Document filed by CF 135 Flat LLC, CF 135 West Members LLC, Chetrit Group LLC.(Segal, David)
August 31, 2015 Opinion or Order Filing 31 MEMORANDUM OF LAW in Support re: #29 MOTION to Dismiss the Amended Interpleader Complaint. . Document filed by Triadou SPV S.A.. (Skakel, Deborah)
August 31, 2015 Opinion or Order Filing 30 DECLARATION of Deborah A. Skakel in Support re: #29 MOTION to Dismiss the Amended Interpleader Complaint.. Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16)(Skakel, Deborah)
August 31, 2015 Opinion or Order Filing 29 MOTION to Dismiss the Amended Interpleader Complaint. Document filed by Triadou SPV S.A..(Skakel, Deborah)
August 27, 2015 Opinion or Order Filing 28 LETTER addressed to Judge Alison J. Nathan from Deborah A. Skakel dated 8/27/2015 re: Defendant City of Almaty's letter [Dkt. No. 26] e-filed on 8/25/2015. Document filed by Triadou SPV S.A..(Skakel, Deborah)
August 26, 2015 Opinion or Order Filing 27 ORDER granting #26 LETTER MOTION for Extension of Time to File Answer addressed to Judge Alison J. Nathan from the City of Almaty dated August 25, 2015. So ordered.City of Almaty answer due 9/28/2015. (Signed by Judge Alison J. Nathan on 8/26/2015) (rjm)
August 25, 2015 Opinion or Order Filing 26 LETTER MOTION for Extension of Time to File Answer addressed to Judge Alison J. Nathan from the City of Almaty dated August 25, 2015. Document filed by City of Almaty.(Jackson, Randall)
August 14, 2015 Opinion or Order Filing 25 AMENDED COMPLAINT against City of Almaty, Triadou SPV S.A..Document filed by CF 135 Flat LLC, Chetrit Group LLC, CF 135 West Members LLC.(Segal, David)
August 10, 2015 Opinion or Order Filing 24 ORDER granting #23 Letter Motion for Extension of Time to Answer. So ordered. (Signed by Judge Alison J. Nathan on 8/7/2015) (mro)
August 7, 2015 Opinion or Order Filing 23 LETTER MOTION for Extension of Time to File Answer and informing the Court of Plaintiffs' intent to serve an amended complaint addressed to Judge Alison J. Nathan from Sukenik, Segal & Graff, P.C. dated 8/7/2015. Document filed by CF 135 Flat LLC, CF 135 West Members LLC, Chetrit Group LLC.(Segal, David)
August 4, 2015 Opinion or Order Filing 22 ORDER: On July 31, 2015, Defendant Triadou SPV S.A filed a motion to dismiss Pursuant to Rule 3.F. of this Court's Individual Practices in Civil Cases, on or before August 10, 2015, Plaintiffs must notify the Court and their adversaries in writing whether (1) they intend to file an amended pleading and when they will do so or (2) they will rely on the pleading being attacked. If Plaintiffs elect not to amend their complaint, no further opportunities to amend will be granted and the motion to dismiss will proceed in the regular course. If Plaintiffs choose to amend, Defendant may then (a) file an answer; (b) file a new motion to dismiss; or (c) submit a letter stating that it relies on the initially-filed motion to dismiss. Nothing in this Order alters the time to amend, answer or move provided by the Federal Rules of Civil Procedure or Local Rules. (Signed by Judge Alison J. Nathan on 8/4/2015) (mro)
July 31, 2015 Opinion or Order Filing 21 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Triadou SPV S.A..(Skakel, Deborah)
July 31, 2015 Opinion or Order Filing 20 MEMORANDUM OF LAW in Support re: #18 MOTION to Dismiss the Complaint. . Document filed by Triadou SPV S.A.. (Skakel, Deborah)
July 31, 2015 Opinion or Order Filing 19 DECLARATION of Deborah A. Skakel in Support re: #18 MOTION to Dismiss the Complaint.. Document filed by Triadou SPV S.A.. (Attachments: #1 Exhibit 1 to Skakel Declaration, #2 Exhibit 2 to Skakel Declaration, #3 Exhibit 3 to Skakel Declaration, #4 Exhibit 4 to Skakel Declaration, #5 Exhibit 5 to Skakel Declaration, #6 Exhibit 6 to Skakel Declaration, #7 Exhibit 7 to Skakel Declaration, #8 Exhibit 8 to Skakel Declaration, #9 Exhibit 9 to Skakel Declaration, #10 Exhibit 10 to Skakel Declaration, #11 Exhibit 11 to Skakel Declaration, #12 Exhibit 12 to Skakel Declaration, #13 Exhibit 13 to Skakel Declaration, #14 Exhibit 14 to Skakel Declaration, #15 Exhibit 15 to Skakel Declaration)(Skakel, Deborah)
July 31, 2015 Opinion or Order Filing 18 MOTION to Dismiss the Complaint. Document filed by Triadou SPV S.A..(Skakel, Deborah)
July 30, 2015 Opinion or Order Filing 17 AFFIDAVIT OF SERVICE. Triadou SPV S.A. served on 7/30/2015, answer due 8/20/2015. Document filed by CF 135 Flat LLC; Chetrit Group LLC; CF 135 West Members LLC. (Segal, David)
July 30, 2015 Opinion or Order Filing 16 AFFIDAVIT OF SERVICE. Document filed by CF 135 Flat LLC, Chetrit Group LLC, CF 135 West Members LLC. (Segal, David)
July 30, 2015 Opinion or Order Filing 15 ELECTRONIC SUMMONS ISSUED as to Triadou SPV S.A.. (laq)
July 28, 2015 Opinion or Order Filing 14 ORDER granting #13 Letter Motion for Extension of Time to Answer re #1 Notice of Removal. The Defendant's request is GRANTED. Their time to answer the interpleader complaint is hereby extended to August 11, 2015. So ordered. City of Almaty answer due 8/11/2015. (Signed by Judge Alison J. Nathan on 7/28/2015) (rjm)
July 28, 2015 Opinion or Order Filing 13 LETTER MOTION for Extension of Time to File Answer addressed to Judge Alison J. Nathan from Randall W. Jackson dated July 28, 2015. Document filed by City of Almaty.(Jackson, Randall)
July 21, 2015 Opinion or Order Filing 12 NOTICE OF APPEARANCE by Tessa Brianne Harvey on behalf of Triadou SPV S.A.. (Harvey, Tessa)
July 20, 2015 Opinion or Order Filing 11 MEMO ENDORSEMENT on re: #8 LETTER addressed to Judge Alison J. Nathan from Sukenik, Segal & Graff, P.C. dated 7/17/15 re: Request for summons. Document filed by CF 135 Flat LLC, CF 135 West Members LLC, Chetrit Group LLC. ENDORSEMENT: It is hereby ordered that the Clerk's office is authorized to issue the requested summons. So ordered. (Signed by Judge Alison J. Nathan on 7/17/2015) (rjm)
July 20, 2015 Opinion or Order Filing 10 NOTICE OF APPEARANCE by Robyn Leigh Michaelson on behalf of Triadou SPV S.A.. (Michaelson, Robyn)
July 20, 2015 Opinion or Order Filing 9 NOTICE OF APPEARANCE by Deborah A. Skakel on behalf of Triadou SPV S.A.. (Skakel, Deborah)
July 17, 2015 Opinion or Order Filing 8 LETTER addressed to Judge Alison J. Nathan from Sukenik, Segal & Graff, P.C. dated 7/17/15 re: Request for summons. Document filed by CF 135 Flat LLC, CF 135 West Members LLC, Chetrit Group LLC.(Segal, David)
July 17, 2015 Opinion or Order Filing 7 NOTICE OF APPEARANCE by David C. Segal on behalf of CF 135 Flat LLC, CF 135 West Members LLC, Chetrit Group LLC. (Segal, David)
July 16, 2015 Opinion or Order ***DELETED DOCUMENT. Deleted document number #7 Notice of Appearance. The document was incorrectly filed in this case. (sdi)
July 14, 2015 Opinion or Order Filing 6 LETTER addressed to Judge Alison J. Nathan from Randall W. Jackson dated July 14, 2015 re: Scheduling of Initial Case Management Conference. Document filed by City of Almaty.(Jackson, Randall)
July 14, 2015 Opinion or Order Filing 5 NOTICE OF APPEARANCE by Randall Wade Jackson on behalf of City of Almaty. (Jackson, Randall)
July 14, 2015 Opinion or Order Filing 4 AFFIDAVIT OF SERVICE of Notice of Removal, Notice of Filing of Notice of Removal, the Individual Practices of Hon. Alison J. Nathan, United States District Judge and Southern District of New York Electronic Case Filing Rules & Instructions served on CF 135 Flat LLC, CF 135 West Members LLC and Chetrit Group LLC on July 10, 2015. Service was made by Mail. Document filed by City of Almaty. (Schwartz, Matthew)
July 10, 2015 Opinion or Order Filing 3 NOTICE OF CHANGE OF ADDRESS by Matthew Lane Schwartz on behalf of City of Almaty. New Address: Boies, Schiller & Flexner LLP, 575 Lexington Avenue, New York, New York, USA 10022, (212) 446-2300. (Schwartz, Matthew)
July 10, 2015 Opinion or Order Case Opening Fee Payment: for #1 Notice of Removal. Filing fee $ 400.00, receipt number 0208-11137846.(Schwartz, Matthew)
July 10, 2015 Opinion or Order ***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Matthew Lane Schwartz. The following case opening statistical information was erroneously selected/entered: Other Court Name Blank; Other Court Number Blank; Cause of Action code 28:1446bc Notice of Removal - Breach of Contract; Dollar Demand 21,000,000; County code New York. The following correction(s) have been made to your case entry: the Other Court Name has been modified to State Court - Supreme; the Other Court Number has been modified to 156834-15; the Cause of Action code has been modified to 28:1332nr Diversity: Notice of Removal; the Dollar Demand has been modified to 9999000; the County code has been modified to XX Out of U.S.. (moh)
July 10, 2015 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (moh)
July 10, 2015 Opinion or Order Case Designated ECF. (moh)
July 10, 2015 Opinion or Order Magistrate Judge Sarah Netburn is so designated. (moh)
July 9, 2015 Opinion or Order Filing 2 CIVIL COVER SHEET filed. (Schwartz, Matthew)
July 9, 2015 Opinion or Order Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 156834/2015. (Filing Fee $ 400.00).Document filed by City of Almaty. (Attachments: #1 Exhibit A)(Schwartz, Matthew)

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Search for this case: City of Almaty, Kazahkstan, et al. v. Mukhtar Ablyazov, et al.
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Interested party: Frank Monstrey
Represented By: Alyssa Marie Helfer
Represented By: Adam B Miller
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Counter defendant: BTA Bank JSC
Represented By: Craig A. Wenner
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Counter defendant: Viktor Khrapunov
Represented By: Jeffrey Alan Miller
Represented By: Nathan Roberts
Represented By: John Patrick Curley
Represented By: Andrew Todd Solomon
Represented By: Katelyn Kiernan Brooks
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Counter defendant: Mukhtar Ablyazov
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Counter defendant: Ilyas Khrapunov
Represented By: Jeffrey Alan Miller
Represented By: Nathan Roberts
Represented By: John Patrick Curley
Represented By: Andrew Todd Solomon
Represented By: Katelyn Kiernan Brooks
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Counter defendant: 227 East 19th Holder LLC
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Counter defendant: Joseph Chetrit
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Plaintiff: CF 135 West Members LLC
Represented By: David C. Segal
Represented By: David Salhanick
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Plaintiff: Chetrit Group LLC
Represented By: David C. Segal
Represented By: David Salhanick
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Plaintiff: CF 135 Flat LLC
Represented By: David C. Segal
Represented By: David Salhanick
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Defendant: Triadou SPV S.A.
Represented By: Alex Hassid
Represented By: Deborah A. Skakel
Represented By: Robyn Leigh Michaelson
Represented By: Tessa Brianne Harvey
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Defendant: City of Almaty
Represented By: Randall Wade Jackson
Represented By: Peter M. Skinner
Represented By: Matthew Lane Schwartz
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Petitioner: Elena Petelin
Represented By: Eugene Gabriel Illovsky
Represented By: Katelyn Kiernan Brooks
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Petitioner: Svetlana Chepurnaya
Represented By: Katelyn Kiernan Brooks
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Petitioner: Gennady Petelin
Represented By: Eugene Gabriel Illovsky
Represented By: Katelyn Kiernan Brooks
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Petitioner: Wells Fargo Bank, N.A.
Represented By: Kenneth C. Rudd
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Petitioner: Litco LLC
Represented By: Robert S. Wolf
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Not yet classified: Hon. Herman Cahn
Represented By: Herman Cahn
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Not classified by court: Kevin Meyer
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Cross defendant: FBME Bank Ltd.
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