Chicago Bridge & Iron Company, N.V. et al v. Credit Agricole CIB et al
| Chicago Bridge & Iron Company, N.V, Chicago Bridge & Iron Company, N.V., CB&I (UK) Limited and CBI Colombiana S.A |
| Credit Agricole CIB and Refineria de Cartagena S.A. |
| 1:2016cv01858 |
| March 11, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Naomi Reice Buchwald |
| Contract: Other |
| 28 U.S.C. § 1441 nr Notice of Removal |
| None |
Docket Report
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| Filing 42 NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, against the defendant(s) All Defendants. Document filed by All Plaintiffs. (Feeley, Cheryl) |
Filing 41
ORDER granting #39 Letter Motion for Extension of Time to Answer. So ordered. (Signed by Judge Naomi Reice Buchwald on 4/4/2016) (spo)
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Filing 40
ORDER granting #38 Letter Motion to Adjourn Conference; granting #38 Letter Motion for Extension of Time to File Response/Reply. So ordered. ( Replies due by 4/15/2016, Show Cause Hearing set for 4/21/2016 at 10:30 AM before Judge Naomi Reice Buchwald.) (Signed by Judge Naomi Reice Buchwald on 3/31/2016) (mro)
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| Filing 39 CONSENT LETTER MOTION for Extension of Time to File Answer or otherwise respond to the complaint by Defendant Refineria de Cartagena S.A. until April 29, 2016 with consent of plaintiffs addressed to Judge Naomi Reice Buchwald from Mike Stenglein dated 3/31/2016. Document filed by Refineria de Cartagena S.A..(Stenglein, Franz) |
| Filing 38 JOINT LETTER MOTION to Adjourn Conference / Hearing on OSC from 4/13 to 4/21/16 at 10:30am addressed to Judge Naomi Reice Buchwald from Mike Stenglein dated 3/30/2016., JOINT LETTER MOTION for Extension of Time to File Response/Reply as to #37 Order on Motion to Adjourn Conference, Order on Motion for Extension of Time to File Response/Reply,,,,,, #10 Order to Show Cause,,, from 4/8 to 4/15 at 5pm addressed to Judge Naomi Reice Buchwald from Mike Stenglein dated 3/30/2016. Document filed by Refineria de Cartagena S.A..(Stenglein, Franz) |
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Filing 37
ORDER granting #36 Letter Motion to Adjourn Conference ; granting #36 Letter Motion for Extension of Time to File Response/Reply re #36 JOINT LETTER MOTION to Adjourn Conference /Hearing on OSC from 3/30 to 4/13 at 11am addressed to Judge Naomi Reice Buchwald from Mike Stenglein dated 3/24/2016. JOINT LETTER MOTION for Extension of Time to File Response/Reply as to #10 Order to Show Cause from 3/24 ro 4/8 at 5pm addressed to Judge Naomi Reice Buchwald from Mike Stenglein dated 3/24/2016. ENDORSEMENT: The contents of this letter are "so ordered".( Show Cause Hearing set for 4/13/2016 at 11:00 AM before Judge Naomi Reice Buchwald.),( Replies due by 4/8/2016.). (Signed by Judge Naomi Reice Buchwald on 3/24/2016) (ama)
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| Filing 36 JOINT LETTER MOTION to Adjourn Conference /Hearing on OSC from 3/30 to 4/13 at 11am addressed to Judge Naomi Reice Buchwald from Mike Stenglein dated 3/24/2016., JOINT LETTER MOTION for Extension of Time to File Response/Reply as to #10 Order to Show Cause,,, from 3/24 ro 4/8 at 5pm addressed to Judge Naomi Reice Buchwald from Mike Stenglein dated 3/24/2016. Document filed by Refineria de Cartagena S.A..(Stenglein, Franz) |
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Filing 35
ORDER granting #34 Letter Motion for Leave to File Excess Pages. Application Granted.(Signed by Judge Naomi Reice Buchwald on 3/23/2016) (ama)
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| Filing 34 LETTER MOTION for Leave to File Excess Pages addressed to Judge Naomi Reice Buchwald from John M. Toriello dated March 23, 2016. Document filed by CB&I (UK) Limited, CBI Colombiana S.A, Chicago Bridge & Iron Company, N.V..(Toriello, John) |
| Filing 33 NOTICE of Filing Corrected Exhibit 10 To The Declaration Of Carolina Gonzalez (ECF Doc. 26 filed 3/18/16)In Opposition To The Order To Show Cause (ECF Doc. 10 filed 3/14/16) re: #26 Declaration in Opposition, #10 Order to Show Cause,,,. Document filed by Refineria de Cartagena S.A.. (Attachments: #1 Corrected Exhibit 10 To The Declaration Of Carolina Gonzalez)(Kiefer, David) |
| Filing 32 SEALED DOCUMENT placed in vault.(mps) |
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Filing 31
ORDER: that parties may file the transcript in this Court under seal. (Signed by Judge Naomi Reice Buchwald on 3/21/2016) (tn)
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| Filing 30 CERTIFICATE OF SERVICE of Letter to Judge Buchwald, Defendant Refineria De Cartagena, S.A.s, Opposition to Plaintiffs Motion for TRO and Preliminary Injunction, Declaration of Mike Stenglein with accompanying exhibits, Declaration of Carolina Gonzalez with accompanying exhibits, Declaration of Carlos Herrera with accompanying exhibits and Declaration of Reyes Reinoso served on Plaintiffs' Counsel on 3/18/2016 by 5pm. Document filed by Refineria de Cartagena S.A.. (Kiefer, David) |
| Filing 29 LETTER addressed to Judge Naomi Reice Buchwald from Mike Stenglein dated 3/18/2016 re: substantive argument advanced in opposition papers to Order to Show Cause (Doc. 10), per Judge Buchwald's rules. Document filed by Refineria de Cartagena S.A..(Kiefer, David) |
| Filing 28 DECLARATION of Reyes Reinoso (Exhibit D) in Opposition re: #10 Order to Show Cause,,,. Document filed by Refineria de Cartagena S.A.. (Kiefer, David) |
| Filing 27 DECLARATION of Carlos Herrera (Exhibit C) in Opposition re: #10 Order to Show Cause,,,. Document filed by Refineria de Cartagena S.A.. (Attachments: #1 Exhibits 1-3, #2 Exhibits 4-8)(Kiefer, David) |
| Filing 26 DECLARATION of Carolina Gonzalez (Exhibit B) in Opposition re: #10 Order to Show Cause,,,. Document filed by Refineria de Cartagena S.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4 -12)(Kiefer, David) |
| Filing 25 DECLARATION of Mike Stenglein (Exhibit A) in Opposition re: #10 Order to Show Cause,,,. Document filed by Refineria de Cartagena S.A.. (Attachments: #1 Exhibits)(Kiefer, David) |
| Filing 24 MEMORANDUM OF LAW in Opposition re: #10 Order to Show Cause,,, - Defendant Refineria De Cartagena, S.A.S Opposition To Plaintiffs Motion For Tro And Preliminary Injunction. Document filed by Refineria de Cartagena S.A.. (Kiefer, David) |
| Filing 23 RESPONSE TO ORDER TO SHOW CAUSE re: #10 Order to Show Cause,,,. Document filed by Credit Agricole CIB. (Berger, David) |
| Filing 22 ENDORSED LETTER addressed to Counsel from United States District Judge Naomi Reice Buchwald dated 3/17/2016 re: I have reviewed King & Spalding's two letters of today's date. Having done so, it seems to me that the confidentiality provision of the EPC would have no relevance to the briefing of the preliminary injunction as information about designs and specifications would seem too granular. As for the confidentiality provision in the Dispute Resolution Agreement, if it is read to preclude a publicly available description of the existence and terms of the dispute between the parties, such a limitation is unacceptable under the controlling case law. As I have previously stated, parties are free to conduct out of court proceedings under any secrecy terms they wish, but once a dispute is in court public access is required, subject to narrow exceptions. Other than the agreements that the parties reached inter se, there has been no demonstration of harm from disclosure. To the extent that Judge Mosman scaled records in his case, that sealing will be respected. ENDORSEMENT: Very truly yours. (Signed by Judge Naomi Reice Buchwald on 3/17/2016) (mro) |
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Filing 21
ORDER FOR ADMISSION PRO HAC VICE granting #14 Motion for Franz Michael Stenglein to Appear Pro Hac Vice. (Signed by Judge Naomi Reice Buchwald on 3/16/2016) (ama)
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| Filing 20 AFFIDAVIT of Robert Matis in Support re: #10 Order to Show Cause,,,. Document filed by CB&I (UK) Limited, CBI Colombiana S.A, Chicago Bridge & Iron Company, N.V.. (Toriello, John) |
| Filing 19 DECLARATION of Masoud Deidehban in Support re: #10 Order to Show Cause,,,. Document filed by CB&I (UK) Limited, CBI Colombiana S.A, Chicago Bridge & Iron Company, N.V.. (Toriello, John) |
| Filing 18 MEMORANDUM OF LAW in Support re: #10 Order to Show Cause,,, . Document filed by CB&I (UK) Limited, CBI Colombiana S.A, Chicago Bridge & Iron Company, N.V.. (Toriello, John) |
| Filing 17 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Chicago Bridge & Iron Company N.V. for CB&I (UK) Limited, CBI Colombiana S.A. Document filed by CB&I (UK) Limited, CBI Colombiana S.A, Chicago Bridge & Iron Company, N.V..(Feeley, Cheryl) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #14 MOTION for Franz Michael Stenglein to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12070618. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi) |
| Filing 16 TEMPORARY RESTRAINING ORDER BOND # 82394494 in the amount of $ 50,000.00 posted by CB&I (UK) Limited, CBI Colombiana S.A, and Chicago Bridge & Iron Company. N.V.. (dt) |
| Filing 15 LETTER addressed to Judge Naomi Reice Buchwald from John M. Toriello dated March 15, 2016 re: withdrawal of motion to file under seal. Document filed by CB&I (UK) Limited, CBI Colombiana S.A, Chicago Bridge & Iron Company, N.V..(Toriello, John) |
| Filing 14 MOTION for Franz Michael Stenglein to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12070618. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Refineria de Cartagena S.A.. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order)(Stenglein, Franz) |
| Filing 13 NOTICE OF APPEARANCE by Cheryl Ann Feeley on behalf of CB&I (UK) Limited, CBI Colombiana S.A, Chicago Bridge & Iron Company, N.V.. (Feeley, Cheryl) |
| Filing 12 NOTICE OF APPEARANCE by Vera Pavlovna Zolotaryova on behalf of Credit Agricole CIB. (Zolotaryova, Vera) |
| Filing 11 NOTICE OF APPEARANCE by David Adam Berger on behalf of Credit Agricole CIB. (Berger, David) |
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Filing 10
ORDER TO SHOW CAUSE WITH TEMPORARY RESTRAINING ORDER: ORDERED that defendants Credit Agricole Corporate Investment Bank and Refineria de Cartagena S.A. show cause before Hon. Naomi Buchwald in Courtroom 21A at the Courthouse located at 500 Pearl Street, New York, New York, on the 30th day of March, 2016, at 10:30 a.m. or as soon thereafter as counsel can be heard, why an order pursuant to Rule 65 of the Federal Rules of Civil Procedure should not be made and entered herein. ORDERED. that Plaintiffs shall post security with The Clerk of The Court with the amount of $50,000 on or before 5p.m. on Tuesday March 15, 2016. SO ORDERED. Show Cause Hearing set for 3/30/2016 at 10:30 AM in Courtroom 21A, 500 Pearl Street, New York, NY 10007 before Judge Naomi Reice Buchwald. (Signed by Judge Naomi Reice Buchwald on 3/14/2016) (ama)
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| Filing 9 JOINT LETTER MOTION for Extension of Time to report on the scope of the Motion to Seal until Tuesday March 15, 2016, addressed to Judge Naomi Reice Buchwald from John M. Toriello dated March 14, 2016. Document filed by CB&I (UK) Limited, CBI Colombiana S.A, Chicago Bridge & Iron Company, N.V..(Toriello, John) |
| Filing 8 NOTICE OF APPEARANCE by Stephen Brett Shapiro on behalf of CB&I (UK) Limited, CBI Colombiana S.A, Chicago Bridge & Iron Company, N.V.. (Shapiro, Stephen) |
| Filing 7 NOTICE OF APPEARANCE by Timothy B Froessel on behalf of CB&I (UK) Limited, CBI Colombiana S.A, Chicago Bridge & Iron Company, N.V.. (Froessel, Timothy) |
| Filing 6 NOTICE OF APPEARANCE by John M. Toriello on behalf of CB&I (UK) Limited, CBI Colombiana S.A, Chicago Bridge & Iron Company, N.V.. (Toriello, John) |
| Filing 5 LETTER addressed to Judge Naomi Reice Buchwald from John M. Toriello dated March 13, 2016 re: Bond Requirement. Document filed by Chicago Bridge & Iron Company, N.V..(Toriello, John) |
| Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Telephone Conference held on 3/11/2016. (Harris, Karen) |
| Filing 4 NOTICE OF CHANGE OF ADDRESS by David William Kiefer on behalf of Refineria de Cartagena S.A.. New Address: King & Spalding LLP, 1185 Avenue of the Americas, New York, New York, 10036, 212-556-2100. (Kiefer, David) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Ecopetrol S.A. for Refineria de Cartagena S.A.. Document filed by Refineria de Cartagena S.A..(Kiefer, David) |
| Filing 2 CIVIL COVER SHEET filed. (Kiefer, David) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 651295/2016. (Filing Fee $ 400.00, Receipt Number 0208-12057921).Document filed by Refineria de Cartagena S.A.. (Attachments: #1 State Court Documents as Filed)(Kiefer, David) |
| Magistrate Judge Kevin Nathaniel Fox is so designated. (laq) |
| Case Designated ECF. (laq) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Naomi Reice Buchwald. 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. (laq) |
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