Mayaguez S.A. v. Citigroup Inc. et al
| Mayaguez S.A. |
| Citigroup Inc. and Citibank, N.A. |
| 1:2016cv06788 |
| August 29, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Paul G. Gardephe |
| Other Contract |
| 12 U.S.C. ยง 632 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
397
ORDER: The Court having been advised in open court today that all claims asserted herein have been settled, it is ordered that the above-entitled action be, and hereby is, dismissed with prejudice but without costs; provided, however, that if the settlement is not consummated within fourteen days of this order, either party may apply by letter within the fourteen-day period for restoration of the action to the calendar of the undersigned, in which event the action will be restored. The Clerk of Court is directed to close the case. Any pending dates and deadlines are adjourned sine die, and any pending motions are moot. SO ORDERED. (Signed by Judge Paul G. Gardephe on 9/12/2022) (ks)
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Filing
389
ORDER REGARDING USE OF FREIGHT ENTRANCE FOR TRIAL: IT IS HEREBY ORDERED that City Expeditor Courier Services shall be permitted to enter the Thurgood Marshall Courthouse, 40 Foley Square, New York, NY 10007 between September 6, 2022 and September 16 , 2022 to deliver and pick up boxes of case materials, trial supplies, small dolly, sealed water bottles to and from Courtroom 705 on behalf of Plaintiff Mayaguez for trial; and it is further ORDERED that City Expeditor employees identified below sh all be permitted to access the Courthouse's freight entrance with their phones between September 6, 2022 and September 16, 2022 to make deliveries and clear out Plaintiff Mayaguez's materials from Courtroom 705 using one or more of the vehicles listed below. As further set forth in this order. SO ORDERED. (Signed by Judge Paul G. Gardephe on 8/31/2022) (ks)
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Filing
380
ORDER granting 227 Motion in Limine. For the reasons stated above, the claims proceeding to trial are governed by the law of Colombia. Accordingly, Plaintiff's motion in limine to exclude references to New York law is granted, and Plaintiff's claim for negligent misrepresentation under New York law is dismissed. The Clerk of Court is directed to terminate the motion (Dkt. No. 227). SO ORDERED.. (Signed by Judge Paul G. Gardephe on 8/21/2022) (ks)
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Filing
373
ORDER denying without prejudice 232 Motion to Seal; denying without prejudice 234 Motion in Limine; denying without prejudice 261 Motion to Seal; denying without prejudice 286 Motion to Seal; denying without prejudice 311 Motion to Se al; denying without prejudice 334 Motion for Conference re: 232 JOINT LETTER MOTION to Seal addressed to Judge Paul G. Gardephe from Agnes Dunogue and Gabriel F. Soledad dated June 23, 2022., 234 MOTION in Limine to Exclu de Argument, Testimony, or Other Evidence regarding Internal Audit., 261 MOTION to Seal ., 286 LETTER MOTION to Seal addressed to Judge Paul G. Gardephe from Gabriel F. Soledad dated June 27, 2022., 311 LETTER MO TION to Seal addressed to Judge Paul G. Gardephe from Agnes Dunogue dated July 11, 2022., 334 LETTER MOTION for Conference re: seeking pre-trial conference concerning Citis potential receipt of Mayagüezs privileged and confid ential information addressed to Judge Paul G. Gardephe from Gabriel F. Soledad dated July 29, 2022. For the reasons stated at today's conference, Plaintiffs motion in limine "to exclude evidence relating to Mayaguez's internal a udit" (Dkt. No. 234), and its application for discovery (Dkt. No. 334) are denied. Defendant's applications to exclude Mayaguez's unsuitability theory of liability and for Andre Secron to testify by videoconference are granted. (Dkt. Nos. 336-37) The parties' applications to seal certain trial exhibits (Dkt. Nos. 232, 261, 286, 311) are denied without prejudice. The Clerk of Court is directed to terminate the motions. (Dkt. Nos. 232, 234, 261, 286, 311, 334, 336-37) SO ORDERED.. (Signed by Judge Paul G. Gardephe on 8/19/2022) (ks)
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Filing
365
ORDER REGARDING DELIVERY AND INSTALLATION OF TECHNOLOGICAL EQUIPMENT FOR TRIAL IT IS HEREBY ORDERED that Defendant Citibank, N.A., is authorized to use the technological equipment listed in Appendix A for the duration of the trial in the above-capti oned matter scheduled to begin on August 22, 2022 (the "Trial"); and it is further ORDERED that Clinton Lam and Stu Lucero of Impact Trial Consulting, LLC shall be permitted to enter the Thurgood Marshall Courthouse, 40 Foley Square, New York, NY 10007 on August 19, 2022 at 12:00 PM to install in Courtroom 705 the technological equipment listed in Appendix A; and it is further ORDERED that two of the five Aquipt, Inc., employees identified on Appendix B, using one or more of the v ehicles listed in that appendix, shall be permitted on Friday, August 19, 2022 to access the Courthouse's freight entrance and deliver to Courtroom 705 the technological equipment listed in Appendix A; and it is further ORDERED that upon completion of the trial, two of the five Aquipt, Inc., employees identified on Appendix B shall be permitted to access Courtroom 705 to remove the installed technological equipment. SO ORDERED. (Signed by Judge Paul G. Gardephe on 8/18/2022) (ks)
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Filing
351
ORDER: Trial in this matter is scheduled to begin on August 22, 2022. Plaintiff Mayaguez has requested that this Court "take judicial notice of data showing (1) the daily COP/USD currency exchange rates; (2) daily London white sugar prices; (3) monthly Colombian ethanol prices; and (4) monthly Colombian gasoline prices, over the period [of] January 2008 through March 2016." (Pltf. Mot. (Dkt. No. 229) at 1) Defendants oppose the application, arguing, inter alia, that Pietro Verone si, Mayaguez's expert, "neither identified [the sugar and gasoline prices] among the data he considered in his expert report nor offered opinions based on them." (Def. Opp. (Dkt. No. 310) at 6 (citing PX 27 (Dkt. No. 243-36) at 43-44)) Mayaguez will respond to this argument by 5:00 p.m. on August 17, 2022. SO ORDERED. (Signed by Judge Paul G. Gardephe on 8/16/2022) (ks)
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Filing
350
ORDER: The final pretrial conference in this matter will take place on Friday, August 19, 2022, at 3:00 p.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. SO ORDERED (Signed by Judge Paul G. Gardephe on 8/15/2022) ( Final Pretrial Conference set for 8/19/2022 at 03:00 PM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe.) (ks)
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Filing
309
ORDER granting 306 Letter Motion for Extension of Time to File. The Application is granted. SO ORDERED. (Signed by Judge Paul G. Gardephe on 7/6/2022) (ks)
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Filing
212
ORDER granting 209 Letter Motion for Extension of Time to File. The Application is granted. SO ORDERED. (Signed by Judge Paul G. Gardephe on 5/6/2020) (ks)
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Filing
148
NOTICE OF WITHDRAWAL OF COUNSEL: Melissa Godwin hereby informs the Court that she is no longer associated with Shearman & Sterling LLP, counsel for the defendants, and should accordingly be removed from the Courts service list with respect to the ab ove-captioned action. Shearman & Sterling continues to serve as counsel for the defendants, and all papers in this action should continue to be directed to the remaining Shearman & Sterling attorneys of record. SO ORDERED. Attorney Melissa Jane Godwin terminated. (Signed by Judge Paul G. Gardephe on 9/18/2020) (jca)
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Filing
134
ORDER terminating 125 Letter Motion to Seal; terminating 129 Letter Motion to Seal. It is hereby ORDERED that the parties' motions to file under seal their pre-motion letters (Dkt. Nos. 126, 130) are denied. The Clerk of the Court is directed to terminate the motions (Dkt. Nos. 125, 129). The parties are directed to file unredacted versions of these letters on the public docket by May 22, 2020. SO ORDERED. (Signed by Judge Paul G. Gardephe on 5/18/2020) (jca)
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Filing
36
MEMORANDUM OPINION & ORDER re: 21 MOTION to Dismiss Mayaguez's First Amended Complaint. filed by Citigroup Inc., Citibank, N.A. For the reasons stated above, Defendants' motion to dismiss is granted as to the Amended Com plaint's Eleventh Cause of Action, for unconscionability, but is otherwise denied. The Clerk of Court is directed to terminate the motion (Dkt. No. 21). It is further ORDERED that there shall be a conference in this matter on April 12, 2018 at 11:15 a.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. (As further set forth in this Order.) ( Status Conference set for 4/12/2018 at 11:15 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 3/27/2018) (cf)
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