Superior Energy Services Colombia S.A.S. et al v. Premium Petroleum Services S. de R.L. et al
| Superior Energy Services, Inc. and Superior Energy Services Colombia S.A.S. |
| Premium Petroleum Services S. de R.L., Maria Eugenia Hernandez Rojas and Victor Augusto Palacio Gaitan |
| Premium Petroleum Services Corp. |
| 1:2018cv07704 |
| August 23, 2018 |
| US District Court for the Southern District of New York |
| Andrew L Carter |
| Other Statutes: Arbitration |
| 09 U.S.C. § 201 |
| None |
Docket Report
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This docket was last retrieved on December 10, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 30 SATISFACTION OF JUDGMENT re: #25 Amended Judgment, entered In favor of Superior Energy Services Colombia S.A.S., and Superior Energy Services Colombia S.A.S. Against Victor Augusto Palacio Gaitan, Maria Eugenia Hernandez Rojas, Premium Petroleum Services S. de R.L. Rojas in the amount of $5,828,520.31. Judgment satisfied on 12/10/2019. Document filed by Superior Energy Services Colombia S.A.S., Superior Energy Services, Inc.(dt) |
| Filing 29 PROPOSED FULL SATISFACTION OF JUDGMENT. Satisfaction of Judgment to be Picked up by the Party. Document filed by Superior Energy Services Colombia S.A.S., Superior Energy Services, Inc.. (Cymrot, Mark) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| Filing 28 PROPOSED FULL SATISFACTION OF JUDGMENT. Satisfaction of Judgment to be Picked up by the Party. Document filed by Superior Energy Services Colombia S.A.S., Superior Energy Services, Inc.. (Cymrot, Mark) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED SATISFACTION OF JUDGMENT: Notice to Attorney Mark Cymrot. RE-FILE Document No. #28 Proposed Satisfaction of Judgment. The filing is deficient for the following reason(s): the proposed satisfaction of judgment is not signed (Signature); the proposed satisfaction of judgment is not notarized; Re-file the document using the event type Proposed Satisfaction of Judgment found under the event list Proposed Orders - select the correct filer/filers - attach the correct signed PDF that lists the following - the correct entry date of the judgment, the correct name of the party(ies) the judgment is in favor of, the correct name of the party(ies) the judgment is against, the correct amount of the judgment - and is notarized. (dt) |
| Filing 27 MANDATE of USCA (Certified Copy) as to #26 Notice of Appeal, filed by Maria Eugenia Hernandez Rojas, Premium Petroleum Services S. de R.L., Victor Augusto Palacio Gaitan. USCA Case Number 19-2176. The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to FRAP 42. The stipulation is hereby "So Ordered".. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 09/13/2019. (nd) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #26 Notice of Appeal, filed by Maria Eugenia Hernandez Rojas, Premium Petroleum Services S. de R.L., Victor Augusto Palacio Gaitan were transmitted to the U.S. Court of Appeals. (tp) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #26 Notice of Appeal. (tp) |
| Filing 26 NOTICE OF APPEAL from #25 Amended Judgment,,,,,, #20 Memorandum & Opinion,,,, #21 Clerk's Judgment,,,,. Document filed by Maria Eugenia Hernandez Rojas, Victor Augusto Palacio Gaitan, Premium Petroleum Services S. de R.L.. Filing fee $ 505.00, receipt number ANYSDC-17247128. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (McCarthy, John) |
| Filing 25 AMENDED JUDGMENT amending #24 Order on Motion to Amend/Correct in favor of Superior Energy Services Colombia S.A.S., Superior Energy Services, Inc. against Premium Petroleum Services S. de R.L., Maria Eugenia Hernandez Rojas, Victor Augusto Palacio Gaitan in the amount of $5,858,520.31. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated July 8, 2019, Petitioners' Motion is GRANTED; and the judgment includes: (I) $4,507,165.33 as the remaining amount owed to Petitioners as a remedy for Respondents' contractual breaches; (2) $1,093,854.98 for legal fees and other costs incurred in the arbitration; (3) $227,500 for the costs of the arbitration fixed by the International Chamber of Commerce ("ICC") Court; (4) and annual interest over these three sums at the rate of 9%, calculated on a simple basis, from the date of the issuance of the Final Award (July 19, 2018) until the date of full and effective payment; judgment is entered in favor of Superior Energy Services S.A.S. and Superior Energy Services, Inc. and against Premium Petroleum Services S. de. R.L., Victor Augusto Palacio Gaitan and Marian Eugenia Hernandez Rojas in the amount of $5,828,520.31, jointly and severally, with interest accruing at the rate of 9% per annum from July 19, 2018 until the judgment is paid in full. (Signed by Clerk of Court Ruby Krajick on 7/8/2019) (Attachments: #1 Right to Appeal)(km) |
Filing 24
ORDER granting #22 Motion to Amend/Correct #21 Clerk's Judgment., It is hereby ORDERED that Petitioners' Motion is GRANTED; and it is further ORDERED that the Judgment shall include: (1) $4,507,165.33 as the remaining amount owed to Petitioners as a remedy for Respondents' contractual breaches; (2) $1,093,854.98 for legal fees and other costs incurred in the arbitration; (3) $227,500 for the costs of the arbitration fixed by the International Chamber of Commerce ("ICC") Court; (4) and annual interest over these three sums at the rate of 9%, calculated on a simple basis, from the date of the issuance of the Final Award (July 19, 2018) until the date of full and effective payment; and it is further ORDERED that the Clerk of Court is respectfully directed to enter judgment in favor of Superior Energy Services S.A.S. and Superior Energy Services, Inc. and against Premium Petroleum Services S. de. R.L., Victor Augusto Palacio Gaitan and Marian Eugenia Hernandez Rojas in the amount of $5,828,520.31, jointly and severally, with interest accruing at the rate of 9% per annum from July 19, 2018 until the judgment is paid in full. Superior is directed to serve Petroleum with a copy of this order and to retain proof of service. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 7/8/2019) (rj) Transmission to Orders and Judgments Clerk for processing.
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| Filing 23 MEMORANDUM OF LAW in Support re: #22 MOTION to Amend/Correct #21 Clerk's Judgment,,,, . . Document filed by Superior Energy Services Colombia S.A.S., Superior Energy Services, Inc.. (Attachments: #1 Exhibit 1-Final Award)(Cymrot, Mark) |
| Filing 22 MOTION to Amend/Correct #21 Clerk's Judgment,,,, . Document filed by Superior Energy Services Colombia S.A.S., Superior Energy Services, Inc.. (Attachments: #1 Text of Proposed Order)(Cymrot, Mark) |
| Filing 21 CLERK'S JUDGMENT re: #20 Memorandum & Opinion in favor of Superior Energy Services Colombia S.A.S., Superior Energy Services, Inc. against Premium Petroleum Services S. de R.L., Maria Eugenia Hernandez Rojas, Victor Augusto Palacio Gaitan. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion & Order dated June 28, 2019, Petroleum's Petition to Vacate the Award is hereby DENIED. Without a compelling reason to vacate, modify, or correct the Final Award, the Petition to Confirm is granted. 9 U.S.C. 9. As such, Superior's Petition to Confirm Arbitration is hereby GRANTED. Judgment is entered in favor of Superior Energy Services Columbia S.A.S and Superior Energy Services, Inc., and against Premium Petroleum Services S. de R.L., Victor Augusto Palacio Gaitan, and Maria Eugenia Hernandez Rojas in the amount of $4,507,165.33. Superior's request for post confirmation discovery is hereby GRANTED, pursuant to Federal Rule of Civil Procedure 96(a)(2); accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 6/28/2019) (Attachments: #1 Right to Appeal)(km) |
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Filing 20
OPINION & ORDER: For the reasons set for above, Petroleum's Petition to Vacate the Award is hereby DENIED. Without a compelling reason to vacate, modify, or correct the Final Award, the Court must grant the Petition to Confirm. 9 U.S.C. 9. As such, Superior's Petition to Confirm Arbitration is hereby GRANTED. The Clerk of Court is respectfully directed to enter judgment in favor of Superior Energy Services Columbia S.A.S and Superior Energy Services, Inc., and against Premium Petroleum Services S. de R.L., Victor Augusto Palacio Gaitan, and Maria Eugenia Hernandez Rojas in the amount of $4,507,165.33, and to close this case. Superior's request for post confirmation discovery is hereby GRANTED, pursuant to Federal Rule of Civil Procedure 96(a)(2). Superior is directed to serve Petroleum with a copy of this order and to retain proof of service. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 6/28/2019) (rj) Transmission to Orders and Judgments Clerk for processing.
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| Filing 19 DECLARATION of Mark A. Cymrot in Support re: #18 Reply Memorandum of Law in Support, #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration. Document filed by Superior Energy Services Colombia S.A.S., Superior Energy Services, Inc.. (Attachments: #1 Exhibit 1 - Hearing Transcript)(Cymrot, Mark) |
| Filing 18 REPLY MEMORANDUM OF LAW in Support re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration and in Opposition to Respondents' Cross-Petition to Vacate. Document filed by Superior Energy Services Colombia S.A.S., Superior Energy Services, Inc.. (Cymrot, Mark) |
| Filing 17 CERTIFICATE OF SERVICE of Exhibit E to the Declaration of John G. McCarthy on 10/24/2018. Document filed by Maria Eugenia Hernandez Rojas, Victor Augusto Palacio Gaitan, Premium Petroleum Services S. de R.L.. (McCarthy, John) |
| Filing 16 MEMORANDUM OF LAW re: #15 Declaration,,,,,,, #3 Memorandum of Law in Support, #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration, #8 Notice (Other), #4 Declaration in Support, #14 Response to Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration (Opposition to Petition to Confirm Arbitral Award & in Support of Cross Petition to Vacate Award). Document filed by Maria Eugenia Hernandez Rojas, Victor Augusto Palacio Gaitan, Premium Petroleum Services S. de R.L.. (McCarthy, John) |
| Filing 15 DECLARATION of John G. McCarthy in Opposition to Superior's Petition and in Support of Premium Parties' Cross Petition re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration, #14 Response to Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration, #3 Memorandum of Law in Support, #8 Notice (Other), #4 Declaration in Support, . Document filed by Maria Eugenia Hernandez Rojas, Victor Augusto Palacio Gaitan, Premium Petroleum Services S. de R.L.. (Attachments: #1 Exhibit A- Final Award (Part 1), #2 Exhibit A- Final Award (Part 2), #3 Exhibit B- Transmittal Letter, #4 Exhibit C- Share Purchase Agreement (Part 1), #5 Exhibit C- Share Purchase Agreement (Part 2), #6 Exhibit D- Deepwater Horizon Report, #7 Exhibit E- Video (placeholder), #8 Exhibit F- Notice of Claim, #9 Exhibit G- E-mail, dated 2/26/13, #10 Exhibit H- Hearing Excerpts, #11 Exhibit I- LinkedIn profile for Juan Carlos Villamarn, #12 Exhibit J- E-mails, dated 7/2015, #13 Exhibit K- Ms. Hernndezs witness statement, dated 9/21/17, #14 Exhibit L- Pacific call for tender, #15 Exhibit M- Terms of Reference, #16 Exhibit N- Opening statement, #17 Exhibit O- Mr. Palacios witness statement, dated 4/17/17, #18 Exhibit P- E-mail, dated 4/8/16, #19 Exhibit Q- LinkedIn profiles of Westy Ballard, Carlos Cervo, Blaine Edwards, and Luis Mayor, #20 Exhibit R- E-mails, dated 11/2014, #21 Exhibit S- Mr. Villamarns witness statement, dated 4/17/17, #22 Exhibit T- Procedural Order No. 6, #23 Exhibit U- Interview of Juan Carlos Villamarin, #24 Exhibit V- Excerpts from the ICCs 2012 Arbitration Rules, #25 Exhibit W- Excerpts from the ICCs report Controlling Time and Costs in Arbitration)(McCarthy, John) |
| Filing 14 RESPONSE to #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration. Document filed by Maria Eugenia Hernandez Rojas, Victor Augusto Palacio Gaitan, Premium Petroleum Services S. de R.L..(McCarthy, John) |
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Filing 13
STIPULATION AND ORDER: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for the parties hereto, that: 1. As of the date of execution of this stipulation, counsel for Respondents shall be deemed to have accepted service of the Petition on behalf of Respondents. 2. As of the date of execution of this stipulation, Respondents shall be deemed to have provided notice to Petitioners that Respondents intend to file a cross-motion to vacate the Arbitral Award pursuant to 9 U.S.C. 12. 3. The time for Respondents to file a response to the Petition, including a cross-motion to vacate the Arbitral Award, shall be extended to and including October 24, 2018. 4. The time for Petitioners to serve and file reply papers in further support of their Petition, and in opposition to Respondents' response to the Petition, including a cross-motion to vacate the Arbitral Award, shall be extended to and including November 12, 2018. 5. Service of all papers filed herein shall be made by e-mail to counsel for the respective parties. SO ORDERED. Maria Eugenia Hernandez Rojas answer due 10/24/2018; Victor Augusto Palacio Gaitan answer due 10/24/2018; Premium Petroleum Services S. de R.L. answer due 10/24/2018.( Cross Motions due by 10/24/2018., Replies due by 11/12/2018.), Motions terminated: #12 LETTER MOTION for Extension of Time / Briefing Schedule for Cross-Motion to Vacate an Arbitral Award addressed to Judge Andrew L. Carter, Jr. from John G. McCarthy dated October 23, 2018. filed by Maria Eugenia Hernandez Rojas, Premium Petroleum Services S. de R.L., Victor Augusto Palacio Gaitan. (Signed by Judge Andrew L. Carter, Jr on 10/24/2018) (rj)
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| Filing 12 LETTER MOTION for Extension of Time / Briefing Schedule for Cross-Motion to Vacate an Arbitral Award addressed to Judge Andrew L. Carter, Jr. from John G. McCarthy dated October 23, 2018. Document filed by Maria Eugenia Hernandez Rojas, Victor Augusto Palacio Gaitan, Premium Petroleum Services S. de R.L.. (Attachments: #1 Stipulation)(McCarthy, John) |
| Filing 11 PROPOSED STIPULATION AND ORDER. Document filed by Maria Eugenia Hernandez Rojas, Victor Augusto Palacio Gaitan, Premium Petroleum Services S. de R.L.. (McCarthy, John) |
| Filing 10 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Premium Petroleum Services S. de R.L..(McCarthy, John) |
| Filing 9 NOTICE OF APPEARANCE by John Gerard McCarthy, Sr on behalf of Maria Eugenia Hernandez Rojas, Victor Augusto Palacio Gaitan, Premium Petroleum Services S. de R.L.. (McCarthy, John) |
| Filing 8 NOTICE of Filing Translation of Exhibit D to Declaration of Blaine Edwards re: #4 Declaration in Support,. Document filed by Superior Energy Services Colombia S.A.S., Superior Energy Services, Inc.. (Cymrot, Mark) |
| Filing 7 AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate BlackRock, Inc. for Superior Energy Services, Inc.. Document filed by Superior Energy Services, Inc..(Cymrot, Mark) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. 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. (jgo) |
| Magistrate Judge Robert W. Lehrburger is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Mark Alan Cymrot. The party information for the following party/parties has been modified: Superior Energy Services Colombia S.A.S.; Superior Energy Services, Inc.; Premium Petroleum Services S. de R.L.; Victor Augusto Palacio Gaitan; Maria Eugenia Hernandez Rojas. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly;. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Superior Energy Services, Inc..(Cymrot, Mark) |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Superior Energy Services, Inc., Corporate Parent SESI, LLC for Superior Energy Services Colombia S.A.S.. Document filed by Superior Energy Services Colombia S.A.S..(Cymrot, Mark) |
| Filing 4 DECLARATION of Blaine Edwards, Esq. in Support re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration. Document filed by Superior Energy Services Colombia S.A.S., Superior Energy Services, Inc.. (Attachments: #1 Exhibit A-Final Award, #2 Exhibit B-Appointment of Arbitral Tribunal, #3 Exhibit C-Extensions of Time for Making the Final Award, #4 Exhibit D-Notarized Deed)(Cymrot, Mark) |
| Filing 3 MEMORANDUM OF LAW in Support re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration . Document filed by Superior Energy Services Colombia S.A.S., Superior Energy Services, Inc.. (Cymrot, Mark) |
| Filing 2 CIVIL COVER SHEET filed. (Cymrot, Mark) |
| Filing 1 PETITION TO CONFIRM ARBITRATION. (Filing Fee $ 400.00, Receipt Number 0208-15488645).Document filed by Superior Energy Services Colombia S.A.S., Superior Energy Services, Inc..(Cymrot, Mark) |
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