BSG Resources (Guinea) Limited et al v. Soros et al
| BSG Resources (Guinea) Limited, BSG Resources (Guinea) Sarl and BSG Resources Limited |
| George Soros and Open Society Foundations |
| 1:2017cv02726 |
| April 14, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| John F. Keenan |
| Other Fraud |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
318
ORDER: Before the Court is a stipulation of dismissal with prejudice of the above-captioned case filed by the Plaintiffs BSG Resources (Guinea) Limited, BSG Resources (Guinea) Sarl, and BSG Resources Limited (in administration), and signed by the De fendants George Soros, Open Society Foundations, Open Society Institute, Foundations to Promote Open Society, Open Society Foundation, Inc., Alliance for Open Society International Inc., Open Society Policy Center, and Open Society Fund. In light of the Plaintiffs' stipulation pursuant to Fed. R. Civ. P.41(a)(1)(ii), it is: ORDERED that all claims asserted by Plaintiffs in the above-captioned case are dismissed with prejudice. It is further ORDERED that each party is to bear its own costs, expenses, and attorneys' fees. SO ORDERED. (Signed by Judge John F. Keenan on 10/27/2021) (tg) Modified on 10/27/2021 (tg).
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Filing
278
ORDER: The Court has reviewed Defendants' proposed briefing schedule related to a motion for sanctions and to shift fees and costs. (ECF 271). The parties shall abide by the following briefing schedule: Defendants shall file their motion on or before September 3, 2021. Plaintiffs' response shall be due September 20, 2021. Defendants' reply shall be due September 27, 2021. (Motions due by 9/3/2021, Responses due by 9/20/2021, Replies due by 9/27/2021.) (Signed by Magistrate Judge Ona T. Wang on 8/17/2021) (ate)
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Filing
264
ORDER: The Court held a status conference on July 22, 2021 limited to ECF 260-1 and the impediments to production of the documents identified on ECF 260-1. (ECF 261). In ECF 260-1, Plaintiffs identify certain documents stored on an external datab ase "to which Plaintiffs have temporarily lost access." (ECF 260-1). For reasons stated on the record, it is hereby ordered that Plaintiffs shall immediately request from Legility, LLC ("Legility") (the document vendor storing these documents) that, notwithstanding any unpaid invoices or amounts claimed past due, Legility promptly (a) permit Plaintiffs to access those documents identified in ECF 260-1; and (b) facilitate and assist in the production of those documents i dentified on ECF 260-1. Plaintiff shall advise Legility that this Court believes that the prompt production of the documents is important to the resolution of this action, and this Court would be very appreciative of Legility's positive reaction to this directive. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 7/27/2021) (rro)
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Filing
258
ORDER: The Court is in receipt of the parties' June 22, 2021 status letter. (ECF 256). It is HEREBY ORDERED that: Dag Lars Cramer shall be deposed on August 24, 2021, and Benjamin Beny Steinmetz shall be deposed on August 29, 2021. Defendants may seek to reopen either or both depositions on the basis of any documents produced on or after August 17, 2021. On July 7, 2021, the parties are directed to submit a 3-page joint status letter on: 1) the log and metadata issues referenced in th e June 22, 2021 status letter; and 2) any other open discovery disputes. The parties are directed to appear for a series of confidential, telephonic, counsel-only discovery settlement conferences on July 12, 2021. Plaintiffs shall dial in at 2:00 pm to (866) 390-1828, access code 1582687. Defendants shall dial in at 3:00 pm to the same conference line. (Deposition due by 8/29/2021., Telephone Conference set for 7/12/2021 at 02:00 AM before Magistrate Judge Ona T. Wang.) (Signed by Magistrate Judge Ona T. Wang on 6/28/2021) (rro)
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Filing
255
ORDER granting 254 Letter Motion for Discovery. Application GRANTED. ECF 254 resolved. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 6/17/2021) (rro)
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Filing
253
ORDER granting 237 Letter Motion to Compel; granting 251 Letter Motion for Discovery.Before the Court are: (1) Plaintiffs' response to the Court's April 22, 2021 Order to Show Cause (ECF 220) (the "OSC" or "Order to S how Cause"); (2) Defendants' motion to compel the Federal Rule of Civil Procedure 30(b)(1) depositions of Benjamin "Beny" Steinmetz and Dag Lars Cramer; and (3) Defendants' letter motion for discovery. (ECF 225, 237, 251) and further set forth in this Order. The parties are directed to appear for a status conference on June 29, 2021 at 12:00 pm in Courtroom 20D, 500 Pearl Street, New York, New York. The parties are directed to review and abide by any entry requirements of the Southern District of New York, available at the Court's website. Joint status letter due by June 22, 2021. The Clerk of Court is directed to close ECF 237 and 251. (Signed by Magistrate Judge Ona T. Wang on 6/4/2021) (rro)
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Filing
219
ORDER: The Court has reviewed the parties' joint letter (ECF 210). It is HEREBY ORDERED that Defendants' motion to compel Beny Steinmetz's and Dag Cramer's depositions shall be filed by May 7, 2021. Plaintiffs' opposition, if any, shall be filed by May 11, 2021. Defendants' reply, if any, shall be filed by May 18, 2021., (Deposition due by 5/7/2021., Motions due by 5/7/2021., Responses due by 5/11/2021, Replies due by 5/18/2021.) (Signed by Magistrate Judge Ona T. Wang on 4/22/2021) (nb)
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Filing
209
ORDER: The Court has reviewed the parties' joint letter (ECF 208) and the associated exhibits. The Court's rulings are as follows: Issue 1: Plaintiffs' request to compel production in response to their requests for production (RFPs ) is denied. Issue 2: Plaintiffs are directed to produce documents on a rolling basis, to begin no later than April 21, 2021, as follows: Defendants' RFPs No. 1(b), 1(c), 1(f), and 3(a) are not in dispute and so production shall proceed fort hwith; RFP No. 1(a) is limited to bribery of Mamadie Tour; and all other RFPs are not limited to bribery of Mamadie Tour. Issue 3: The end date for the relevant period of Plaintiffs' production shall be the present. Issue 4: BSGR shall produ ce the witness statements submitted to the ICSID and LCIA arbitrations by 5:00 pm EDT on April 8, 2021. Parties shall meet and confer on the depositions of Beny Steinmetz and Dag Cramer and the procedural vehicles for securing their depositions. I ssue 5: The parties are directed to meet and confer to resolve Issue 5 in light of the Court's ruling on Issue 2. Issue 6: By 5:00 pm EDT on April 8, 2021, Plaintiffs are directed to produce or identify to Defendants any orders, agreements, o r laws purportedly barring Plaintiffs from producing documents. Simultaneously, Plaintiffs shall also provide to Defendants an explanation of why these orders, agreements, or law limit production if it is not clear from the face of such orders, agr eements, or laws. On April 14, 2021, the parties are directed to submit a three-page joint letter (see ECF 207 for instructions on properly preparing a joint letter) on Issue 4 (Steinmetz and Cramer deposition plan) and Issue 6 (whether/how Plaintiffs' production may be limited due to any existing orders, agreements, or laws). (Signed by Magistrate Judge Ona T. Wang on 4/7/2021) (nb)
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Filing
207
ORDER: The Court is in receipt of a purported joint letter from the parties, dated March 24, 2021. (ECF 206). This is the second time parties have submitted to the Court two separate letters pasted into one document. (ECF 196, 206). This method do es not make a letter joint. Accordingly, the parties are directed to submit a three-page joint letter by April 2, 2021. The letter shall use headers to denote each issue needing the Court's attention, and, underneath each header, the parties&# 039; respective positions. The parties shall meet and confer about each issue before submitting the letter to the Court.1 If documents are referenced, they shall be attached as exhibits. (Signed by Magistrate Judge Ona T. Wang on 3/25/2021) (nb)
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Filing
193
OPINION & ORDER re: 170 MOTION to Dismiss Amended Complaint. filed by Open Society Foundations, Open Society Fund, Inc., Open Society Policy Center, Alliance for Open Society International, Inc., Open Society Institute, Open Society Foundation, Inc., Foundation to Promote Open Society, George Soros. For the reasons set forth above, Defendants' motion to dismiss will be treated as one for summary judgment pursuant to Federal Rule of Civil Procedure 12(d). The Court reserves decision on the motion until after the parties have submitted all pertinent material. It is FURTHER ORDERED that the stay on discovery is LIFTED on the limited questions of (1) whether Plaintiffs bribed Mamadie Tour; (2) whether that bribery was connected to Plaintiffs acquisition of mining rights included in the Convention; and (3) whether the Guinean government was permitted to, and did, terminate Plaintiffs' mining rights because of Plaintiffs' bribery of Mamadi e Tour. The parties are to proceed to such limited discovery under the supervision of Magistrate Judge Ona T. Wang and to confer and file a joint-proposed case management order by no later than February 25, 2021, which is to include an agreed upon cutoff date for discovery. If no agreed upon cutoff date is fixed, this Court will impose one. (As further set forth in this Order.) (Signed by Judge John F. Keenan on 1/25/2021) (cf)
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Filing
186
ORDER: With this order, the Court is notifying all parties that it may convert, in part, Defendants' motion to dismiss into one for summary judgment, in part, pursuant to Federal Rule of Civil Procedure 56, on the issue of whether Plaintiffs ma y be estopped from arguing that BSGR did not procure certain of its mining rights through bribes paid to Mamadie Toure. Accordingly, the parties are directed to be prepared to discuss this issue during oral argument on Defendants' motion to dismiss, which is currently scheduled for November 24, 2020. (As further set forth in this Order.) (Signed by Judge John F. Keenan on 11/18/2020) (cf)
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Filing
166
ORDER: The conference, currently scheduled for July 28, 2020 at 11:15 a.m., will be conducted telephonically using the following conference line and dial-in: AT&T Conference Line: 1-888-363-4749 Access Code: 788 3927 # (Telephone Conference set for 7/28/2020 at 11:15 AM before Judge John F. Keenan.) (Signed by Judge John F. Keenan on 7/23/2020) (cf)
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Filing
163
ORDER granting 161 Letter Motion to Adjourn Conference. The next conference will be held on July 28, 2020 at 11:15 a.m. The conference will take place in Courtroom 20-C if the Daniel Patrick Moynihan United States Courthouse has resumed public h earings; it will occur via teleconference if not. The Court will enter an order in advance of the conference setting forth whether it will be in-person or via teleconference. This is the finaladjournment without counsel appearing before the Court. Status Conference set for 7/28/2020 at 11:15 AM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge John F. Keenan. (Signed by Judge John F. Keenan on 5/27/2020) (cf)
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Filing
136
OPINION & ORDER re: 55 MOTION to Dismiss filed by Open Society Foundations, Open Society Fund, Inc., Open Society Policy Center, Alliance for Open Society International, Inc., Open Society Institute, Open Society Foundati on, Inc., Foundation to Promote Open Society, George Soros. For the reasons stated above, Defendants' motion to stay this action pending the outcome of the Arbitration between Plaintiffs and Guinea is GRANTED. The parties are directed to advise the Court no later than June 15, 2018 as to the status of the Arbitration, or when there has been a decision in the Arbitration, whichever is earlier. The Clerk of Court is respectfully directed to terminate the motion docketed at ECF No. 55 and stay this case. SO ORDERED. (Signed by Judge John F. Keenan on 11/29/2017) (anc)
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