Mexico Infrastructure Finance, LLC v. The Corporation of Hamilton et al
| Mexico Infrastructure Finance, LLC |
| The Corporation of Hamilton and The Bank of New York Mellon |
| 1:2017cv06424 |
| August 23, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Vernon S. Broderick |
| Other Contract |
| 28 U.S.C. ยง 1441 |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
296
ORDER granting 288 Motion for determination that a "reasonable period of time has elapsed following the entry of judgment," pursuant to 28 U.S.C. § 1610(c) . Accordingly, it is ORDERED that MIF's motion for relief pursuant to 28 U.S.C. § 1610 is granted. (Signed by Judge Denise L. Cote on 3/15/2024) (vfr)
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Filing
291
ORDER: It is hereby ORDERED that the Corporation of Hamilton shall file its opposition to the motion by February 26. Plaintiff's reply, if any, must be filed by March 4. At the time any reply is served, the moving party shall supply two courtesy copies of all motion papers to Chambers by mail or delivery to the United States Courthouse, 500 Pearl Street, New York, New York., ( Responses due by 2/26/2024, Replies due by 3/4/2024.) (Signed by Judge Denise L. Cote on 2/13/2024) (ama)
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Filing
282
JUDGMENT: WHEREAS, by opinion and order dated July 5, 2023 (Dkt. 244), this Court ruled in favor of MIF and against Hamilton on MIF's breach of contract claim; and against MIF on its claim against BNYM; and WHEREAS, by opinion and order da ted October 6, 2023 (Dkt. 278), this Court determined that MIF is entitled to recover from Hamilton the sum of $12,549,216.60, plus interest thereon at the per annum rate of 9% from December 30, 2014 to the date of the judgment. IT IS HEREBY ORDERED and ADJUDGED, that Judgment is entered in favor of BNYM and is also entered in favor of plaintiff Mexico Infrastructure Finance, LLC, with an address at 1560 Lenox Avenue, Suite 304, Miami Beach, Florida 33139, and against defendant The Corporation of Hamilton, with an address at City Hall, 17 Church Street, Hamilton HM 11, P.O. Box HM 1175, Bermuda, HM EX, in the sum of $12,549,216.60, with prejudgment interest at the rate of nine percent (9%) per annum from Dece mber 30, 2014 to the date hereof in the amount of $9,923,507.91, together with costs and disbursements as taxed by the clerk; so that the amount of the judgment in favor of MIF and against defendant The Corporation of Hamilton is $22,472,724.51, and plaintiff Mexico Infrastructure Finance, LLC shall have judgment and execution on the judgment therefor. (Signed by Judge Denise L. Cote on 10/11/2023) (vfr) Transmission to Finance Unit (Cashiers) for processing.
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Filing
279
ORDER: An Opinion was issued on July 5, 2023 in favor of defendant Bank of New York Mellon ("BNYM"). Mexico Infrastructure Finance, LLC v. Corp. of Hamilton et al., No. 17cv6424, 2023 WL 4348546, at *26 (S.D.N.Y. July 5, 2023). It is hereby ORDERED that BNYM shall by October 11, 2023 file a proposed final judgment. (Signed by Judge Denise L. Cote on 10/6/2023) (mml)
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Filing
247
ORDER: On July 7, 2023, the parties submitted a proposed schedule for resolving the amount of attorneys' fees and costs owed to defendant Bank of New York Mellon ("BNYM"). It is hereby ORDERED that BNYM's opening submission sha ll be due July 19, 2023. Any opposition shall be due August 2, and BNYM's reply shall be due August 9. At the time the reply is filed, BNYM shall provide the Court with two (2) courtesy copies of all motion papers by mailing or hand deliveri ng them to the United States Courthouse, 500 Pearl Street, New York, NY 10007. IT IS FURTHER ORDERED that this case will be referred to mediation. The Clerk of Court will contact the parties when a mediator has been selected. ( Motions due by 7/19/2023., Replies due by 8/9/2023., Responses due by 8/2/2023) (Signed by Judge Denise L. Cote on 7/7/2023) (tg)
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Filing
245
ORDER: On July 5, 2023, an Opinion and Order was issued resolving the outstanding claims in this action. It is hereby ORDERED that the parties shall submit, by July 7, a proposed schedule for resolving the amount of attorneys' fees owed to defendant Bank of New York Mellon. (Signed by Judge Denise L. Cote on 7/5/2023) (vfr)
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Filing
240
ORDER granting 218 Motion in Limine. On May 26, 2023, the Bank of New York Mellon submitted a motion in limine to strike the expert reports of Saverio A. Lunetta. The plaintiff filed its opposition to the motion on June 2. A final pretrial con ference is scheduled for June 16. For reasons to be articulated at the final pretrial conference, it is hereby ORDERED that the motion to strike the expert reports of Saverio A. Lunetta is granted. (Signed by Judge Denise L. Cote on 6/8/2023) (vfr)
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Filing
228
ORDER: The parties filed their Joint Pretrial Order on May 26, 2023. It is hereby ORDERED that the final pretrial conference in this case shall be held on June 16, 2023 at 2:00 p.m. in Courtroom 18B, 500 Pearl Street, New York, New York 10007. ( Final Pretrial Conference set for 6/16/2023 at 02:00 PM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 5/30/2023) (vfr)
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Filing
211
ORDER: It is hereby ORDERED that trial in this action shall commence on June 28, 2023 at 9:30 a.m. in Courtroom 18B, 500 Pearl Street, New York, New York 10007. IT IS FURTHER ORDERED that the Joint Pretrial Order is due on May 26, 2023. Any re sponsive papers shall be due June 2. ( Pretrial Order due by 5/26/2023., Jury Trial set for 6/28/2023 at 09:30 AM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 4/5/2023) (vfr)
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Filing
202
ORDER denying 197 Letter Motion for Conference re: 197 JOINT LETTER MOTION for Conference to Discuss Adjournment of Trial and Extension of Due Date for Pre-Trial Order, addressed to Judge Denise L. Cote from Mark C. Zauderer dated March 28, 2023., 199 LETTER MOTION for Local Rule 37.2 Conference regarding Request to Compel Production of Written Policies and Procedures testified about by BNY Mellon's Witnesses, addressed to Judge Denise L. Cote from Mark C. Z auderer dated March 29, 2023 ; denying 199 Letter Motion for Local Rule 37.2 Conference. Having reviewed the parties' submissions, it is hereby ORDERED that MIF's March 29 request for additional document discovery from BNYM is denied. IT IS FURTHER ORDERED that the request to adjourn the trial is denied. Trial in this action shall commence on May 30, 2023 at 9:30 a.m. in Courtroom 18B, 500 Pearl Street, New York, New York 10007. If this trial date creates exceptional personal inco nvenience for the parties, they shall, by April 10, advise the Court of the relevant circumstances in a letter no longer than two pages filed on ECF. IT IS FURTHER ORDERED that the request to extend the deadline to file the Joint Pretrial Order is de nied. The Joint Pretrial Order is due on April 21, 2023. As explained in further detail in this Court's Individual Practices in Civil Cases, the parties shall file, with the Joint Pretrial Order, any motions in limine, including any motions to preclude the testimony of expert witnesses. Any responsive papers shall be due April 28.. (Signed by Judge Denise L. Cote on 4/3/2023) (kv)
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Filing
174
ORDER granting 173 Letter Motion to Adjourn Conference: The parties shall confer and advise the Court by 11/8 whether the conference can proceed on 11/10 at 10:30 am. (Signed by Judge Denise L. Cote on 11/4/2022) (jwh)
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Filing
169
NOTICE OF PRETRIAL CONFERENCE: Pretrial Conference set for 11/4/2022 at 11:30 AM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 8/23/2022) (tro)
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Filing
140
OPINION AND ORDER: re: 131 MOTION for Reconsideration re; 130 Memorandum & Opinion,,,, . filed by The Corporation of Hamilton. For the foregoing reasons, Hamiltons motion for reconsideration is DENIED. The Clerk of Court is respectfully directed to terminate the open motion at Document 131. So Ordered. (Signed by Judge Vernon S. Broderick on 9/21/2020) (js)
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Filing
130
OPINION & ORDER re: 76 MOTION for Judgment on the Pleadings filed by The Bank of New York Mellon, 88 MOTION for Summary Judgment and/or judgment on the pleadings filed by The Corporation of Hamilton.For the foregoing reasons, BNYM's motion for judgment on the pleadings, (Doc. 76), is GRANTED IN PART and DENIED IN PART. Specifically, BNYM's motion for judgment on the pleadings with respect to Plaintiff's duplicative breach of fiduciary duty claim is GRANTED, and its remaining arguments are DENIED. Similarly, Hamilton's motion for summary judgment and/or motion for judgment on the pleadings, (Doc. 88), is GRANTED IN PART and DENIED IN PART. Specifically, Hamilton's motion for judg ment on the pleadings with respect to Plaintiff's duplicative tort claims is GRANTED, and its motion for summary judgment on its ultra vires defense is DENIED. The Clerk of Court is respectfully directed to terminate the open motions at Documents 76 and 88. The parties shall file a joint status update within thirty days of the entry of this Opinion & Order. SO ORDERED. (Signed by Judge Vernon S. Broderick on 8/7/2020) (rro)
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Filing
129
ORDER. IT IS HEREBY ORDERED that the settlement conference scheduled previously in the above-captioned action for July 28, 2020, at 10:30 a.m., is cancelled. The parties are directed to confer and, thereafter, advise the Court of three days on which all parties are available to participate in a settlement conference. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 7/22/20) (yv)
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Filing
127
ORDER: IT IS HEREBY ORDERED that a settlement conference shall be held in the above-captioned action on July 28, 2020, at 10:30 a.m. The conference will be held by telephone. The parties are directed to call (888) 557-8511 and, thereafter, enter acce ss code 4862532. The parties are also directed to review and comply with the undersigned's Procedures Applicable to Cases Referred for Settlement, which may be found on the Court's website. As set forth in the procedures, no later than 3 da ys before the conference, the parties must provideJudge Fox: (1) a pre-conference letter; and (2) a completed attendance form, except that these submissions shall be made via e-mail to: laura_midwood@nysd.uscourts.gov. Additionally, at least sev en days prior to the settlement conference, the parties must confer to engage in good-faith settlement negotiations. Should the parties resolve the litigation prior to the conference date, they must notify the undersigned, in writing, expeditiously. SO ORDERED., ( Settlement Conference set for 7/28/2020 at 10:30 AM before Magistrate Judge Kevin Nathaniel Fox., Telephone Conference set for 7/28/2020 at 10:30 AM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 6/24/2020) (ama)
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Filing
123
ORDER granting 122 Letter Motion for Extension of Time to File. APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 4/21/2020) (rro)
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Filing
50
OPINION & ORDER re: 25 MOTION to Dismiss filed by The Bank of New York Mellon, 28 MOTION to Dismiss filed by The Corporation of Hamilton. For the reasons stated above, Defendant Hamilton's motion to dismiss t he complaint is DENIED, and Defendant BNYM's motion to dismiss is DENIED as to the breach of contract claim, the breach of fiduciary duty claim, and the Exculpatory Clause, and GRANTED as to the gross negligence claim. Defendants shall file a nswers to the Complaint within three weeks of the entry of this Opinion & Order, and I will set a date for an initial pre-trial conference after Defendants file their answers. The Clerk of Court is respectfully directed to terminate the pending motions at Documents 25 and 28. SO ORDERED. (Signed by Judge Vernon S. Broderick on 3/14/2019) (rro)
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