International Engineering & Construction S.A. et al v. Baker Hughes et al
| Greenville Oil & Gas Co. Ltd. and International Engineering & Construction S.A. |
| Baker Hughes, a GE Company, Baker Hughes, a GE Company LLC and Baker Hughes |
| 1:2018cv09241 |
| October 9, 2018 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| Contract: Other |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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This docket was last retrieved on August 14, 2019. A more recent docket listing may be available from PACER.
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| Filing 44 CLERK'S JUDGMENT re: #43 Order on Motion to Dismiss in favor of Baker Hughes, Baker Hughes against Greenville Oil & Gas Co. Ltd., International Engineering & Construction S.A. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated August 13, 2019, the BHGE entities' motion to dismiss the petition is GRANTED and the petition is DISMISSED; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 8/14/2019) (Attachments: #1 Right to Appeal)(km) |
Filing 43
ORDER granting #31 Motion to Dismiss. For the reasons stated above, the BHGE entities' motion to dismiss the petition is GRANTED and the petition is DISMISSED. The Clerk of Court is directed to terminate the motion at ECF No. 31 and close the case. (Signed by Judge Analisa Torres on 8/13/2019) (mro) Transmission to Orders and Judgments Clerk for processing.
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| Filing 42 SUPPLEMENTAL BRIEF re: #41 Brief, #40 Order, Set Deadlines,,,,,,,,,,,,,, Respondents' Reply to Supplemental Brief. Document filed by Baker Hughes, Baker Hughes. (Attachments: #1 Exhibit A)(Fisse, Michael) |
| Filing 41 SUPPLEMENTAL BRIEF re: #40 Order, Set Deadlines,,,,,,,,,,,,,, . Document filed by Greenville Oil & Gas Co. Ltd., International Engineering & Construction S.A..(Gutowski, Peter) |
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Filing 40
ORDER: On October 9, 2018, Petitioners brought an action to compel arbitration under the Federal Arbitration Act (the "FAA"). ECF No. 1. On December 4, 2018, Respondents moved to dismiss the petition. ECF No. 31. It is hereby ORDERED that by June 4, 2019, Petitioners shall file a supplemental brief, not to exceed five double-spaced pages, explaining their position on whether the Court can compel arbitration given that Respondents have appeared in the arbitration and, therefore, have not "refus[ed]" to arbitrate within the meaning of Section 4 of the FAA as interpreted by the Second Circuit. See 9 U.S.C. 4 ("A party aggrieved by the alleged failure, neglect, or refusal of another to arbitrate under a written agreement for arbitration may petition any United States district court...for an order directing that such arbitration proceed in the manner provided for in such agreement."); see also Downing v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 725 F.2d 192, 195 (2d Cir. 1984) ("Unless [the respondent] commences litigation or is ordered to arbitrate this dispute...and fails to do so, it is not in default of any arbitration agreement it may have with [the petitioner]. Absent such default, arbitration cannot be compelled under Section 4."); LAIF X SPRL v. Axtel, S.A. de C.V., 390 F.3d 194, 199 (2d Cir. 2004) ("[Respondent's] challenge to the arbitrability of [petitioner's] claims before the AAA does not constitute a refusal to arbitrate."). By June 11, 2019, Respondents shall file a response, not to exceed five double-spaced pages. ( Brief due by 6/4/2019., Responses to Brief due by 6/11/2019) (Signed by Judge Analisa Torres on 5/28/2019) (mro)
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| Filing 39 JOINT LETTER addressed to Judge Analisa Torres from Peter J. Gutowski dated May 21, 2019 re: Updating Court on Status of Arbitration Proceedings. Document filed by Greenville Oil & Gas Co. Ltd., International Engineering & Construction S.A..(Gutowski, Peter) |
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Filing 38
ORDER: It is hereby ORDERED that by May 21, 2019, the parties shall file a joint letter updating the Court about the status of the arbitration proceeding (Case No. 01-18-0002-9174). In particular, the parties shall advise the Court whether there has been any determination of arbitrability with respect toDefendants Baker Hughes, LLC and Baker Hughes. (Signed by Judge Analisa Torres on 5/20/2019) (cf)
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| Filing 37 DECLARATION of Michael D. Fisse in Support re: #31 MOTION to Dismiss pursuant to F.R.C.P. 12(b)(6).. Document filed by Baker Hughes, Baker Hughes. (Attachments: #1 Exhibit 1)(Fisse, Michael) |
| Filing 36 REPLY MEMORANDUM OF LAW in Support re: #31 MOTION to Dismiss pursuant to F.R.C.P. 12(b)(6). . Document filed by Baker Hughes, Baker Hughes. (Fisse, Michael) |
| Filing 35 DECLARATION of Peter J. Gutowski in Opposition re: #31 MOTION to Dismiss pursuant to F.R.C.P. 12(b)(6).. Document filed by Greenville Oil & Gas Co. Ltd., International Engineering & Construction S.A.. (Attachments: #1 Exhibit December 5 Communication from Arbitral Tribunal to Parties, #2 Exhibit December 11 Proposal by Petitioners to Arbitral Tribunal, #3 Exhibit December 12 Proposal by Respondents to Arbitral Tribunal, #4 Exhibit December 14 Communication from Arbitral Tribunal to Parties)(Gutowski, Peter) |
| Filing 34 MEMORANDUM OF LAW in Opposition re: #31 MOTION to Dismiss pursuant to F.R.C.P. 12(b)(6). . Document filed by Greenville Oil & Gas Co. Ltd., International Engineering & Construction S.A.. (Gutowski, Peter) |
| Filing 33 DECLARATION of Michael D. Fisse in Support re: #31 MOTION to Dismiss pursuant to F.R.C.P. 12(b)(6).. Document filed by Baker Hughes, Baker Hughes. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Fisse, Michael) |
| Filing 32 MEMORANDUM OF LAW in Support re: #31 MOTION to Dismiss pursuant to F.R.C.P. 12(b)(6). . Document filed by Baker Hughes, Baker Hughes. (Fisse, Michael) |
| Filing 31 MOTION to Dismiss pursuant to F.R.C.P. 12(b)(6). Document filed by Baker Hughes, Baker Hughes. Responses due by 12/18/2018(Fisse, Michael) |
| Filing 30 DECLARATION of Peter J. Gutowski in Support re: #29 Reply Memorandum of Law in Support. Document filed by Greenville Oil & Gas Co. Ltd., International Engineering & Construction S.A.. (Attachments: #1 Exhibit GEOG Officer Employment Histories, #2 Exhibit Excerpts from GE's 2016 10-K, #3 Exhibit Forbes.com Article, #4 Exhibit BHGE Press Release, #5 Exhibit IEC Request for Assurances, #6 Exhibit News Articles re: GE Exit From Oil and Gas Business)(Gutowski, Peter) |
| Filing 29 REPLY MEMORANDUM OF LAW in Support re: #5 Complaint, . Document filed by Greenville Oil & Gas Co. Ltd., International Engineering & Construction S.A.. (Gutowski, Peter) |
| Filing 28 DECLARATION of Lee Whitley in Opposition re: #27 Reply. Document filed by Baker Hughes, Baker Hughes. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Fisse, Michael) |
| Filing 27 REPLY re: #5 Complaint, #11 Memorandum of Law in Support, #13 Declaration in Support,,,, . Document filed by Baker Hughes, Baker Hughes. (Fisse, Michael) |
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Filing 26
ORDER granting #25 Motion for Michael David Fisse to Appear Pro Hac Vice: GRANTED. (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (EK)
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| Filing 25 MOTION for Michael D. Fisse to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15916639. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Baker Hughes. (Attachments: #1 Text of Proposed Order, #2 Affidavit, #3 Exhibit A)(Fisse, Michael) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #25 MOTION for Michael D. Fisse to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15916639. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma) |
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Filing 24
ORDER granting in part and denying in part #23 Letter Motion for Extension of Time. GRANTED in part, DENIED in part. By November 16, 2018, Respondents shall file their opposition. By November 28, 2018, Petitioners shall file their reply. (Signed by Judge Analisa Torres on 11/13/2018) (mro)
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| Set/Reset Deadlines: Responses due by 11/16/2018 Replies due by 11/28/2018. (mro) |
| Filing 23 JOINT LETTER MOTION for Extension of Time addressed to Judge Analisa Torres from Richard L. Mattiaccio, Esq. dated November 9, 2018. Document filed by Baker Hughes, Baker Hughes.(Mattiaccio, Richard) |
| Filing 22 NOTICE OF APPEARANCE by Alexander Eugene Ehrlich on behalf of Baker Hughes, Baker Hughes. (Ehrlich, Alexander) |
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Filing 21
ORDER: granting in part and denying in part #18 Letter Motion for Leave to File Document. GRANTED in part, DENIED in part. By December 4, 2018, Respondents shall file their motion to dismiss. By December 18, 2018, Petitioners shall file their opposition. By January 2, 2019, Respondents shall file their reply.The briefing schedule for the Petitioners' Petition to Compel Arbitration remains as set forth in ECF No. 7. SO ORDERED. (Signed by Judge Analisa Torres on 11/06/2018) (ama)
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| Set/Reset Deadlines: Motions due by 12/4/2018. Responses due by 12/18/2018 Replies due by 1/2/2019. (ama) |
| Filing 20 LETTER addressed to Judge Analisa Torres from Peter J. Gutowski dated November 5, 2018 re: Opposition to Respondents' Motion for Leave to File Motion to Dismiss. Document filed by Greenville Oil & Gas Co. Ltd., International Engineering & Construction S.A..(Gutowski, Peter) |
| Filing 19 AFFIDAVIT OF SERVICE of the Court's October 10, 2018 Order, Petition to Compel and Exhibits, and Petitioners' Memorandum of Law in Support with Declarations and Exhibits served on Baker Hughes, a GE Company, and Baker Hughes, a GE Company, LLC on October 26, 2018. Service was made by electronic mail upon Respondents' in-house counsel. Document filed by Greenville Oil & Gas Co. Ltd., International Engineering & Construction S.A.. (Gutowski, Peter) |
| Filing 18 LETTER MOTION for Leave to File motion to dismiss the petition to compel arbitration and to request that the Court set a briefing schedule on BGHE's motion to dismiss... addressed to Judge Analisa Torres from Richard L. Mattiaccio dated October 30, 2018. Document filed by Baker Hughes, Baker Hughes.(Mattiaccio, Richard) |
| Filing 17 NOTICE OF APPEARANCE by Richard L. Mattiaccio on behalf of Baker Hughes, Baker Hughes. (Mattiaccio, Richard) |
| Filing 16 SEALED DOCUMENT placed in vault.(mhe) |
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Filing 15
ORDER granting #14 Motion to Seal Document. Pursuant to Rule IV.A of this Court's Individual Practices in Civil Cases, Plaintiffs seek to file certain exhibits under seal, specifically, copies of contracts which contain "sensitive pricing information, as well as technical information relating to the process design, major equipment and software systems, and production capacity...of the LNG plants in issue." ECF No. 14. Although there is a common law presumptive right of access to judicial documents, United States v. Erie Cty., NY, 763 F.3d 235, 239 (2d Cir. 2014), the Court finds that there is a sufficient basis to justify sealing certain exhibits. See Skyline Steel, LLC v. PilePro, LLC, 101 F. Supp. 3d 394, 412-13 (S.D.N.Y. 2015) (granting request to seal pricing information and other information not publicly available). Plaintiffs' request is GRANTED. By October 30, 2018, Plaintiffs shall file an unredacted version of the declaration and accompanying exhibits at ECF No. 13 under seal. The Clerk of Court is directed to terminate the motion at ECF No. 14. (Signed by Judge Analisa Torres on 10/25/2018) (mro)
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| Filing 14 LETTER MOTION to Seal Document addressed to Judge Analisa Torres from Peter J. Gutowski dated October 25, 2018. Document filed by Greenville Oil & Gas Co. Ltd., International Engineering & Construction S.A..(Gutowski, Peter) |
| Filing 13 DECLARATION of Peter J. Gutowski in Support re: #11 Memorandum of Law in Support. Document filed by Greenville Oil & Gas Co. Ltd., International Engineering & Construction S.A.. (Attachments: #1 Exhibit Equipment Contract, #2 Exhibit Services Agreement, #3 Exhibit Guarantee Agreement, #4 Exhibit BHGE's SEC Filings, #5 Exhibit BHGE Employee E-mails, #6 Exhibit Former GEOG Website, #7 Exhibit BHGE Website Legacy, #8 Exhibit BHGE Website, #9 Exhibit BHGE Letter to Shareholders, #10 Exhibit GEOG Brochure on BHGE Website, #11 Exhibit GEOG Filings with Texas Secretary of State, #12 Exhibit BHGE President's Biography, #13 Exhibit BHGE SEC Rule 425 Disclosure, #14 Exhibit BHGE Press Release, #15 Exhibit Article Discussing BHGE closure of Former GEOG Facility, #16 Exhibit IEC Letter to GEOG, #17 Exhibit BHGE Letter to Customers, #18 Exhibit BHGE Letter to IEC Regarding Contractual Notices, #19 Exhibit BHGE Letter to IEC Regarding Payment to GEOG, #20 Exhibit E-Mail Exchange Between Counsel, #21 Exhibit BHGE's LinkedIn Profile)(Gutowski, Peter) |
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Filing 12
ORDER granting #10 Motion for Jay L. Alexander to Appear Pro Hac Vice: GRANTED. (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (EK)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #10 MOTION for Jay L. Alexander to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15804595. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 11 MEMORANDUM OF LAW in Support re: #5 Complaint, . Document filed by Greenville Oil & Gas Co. Ltd., International Engineering & Construction S.A.. (Attachments: #1 Exhibit A - Declaration of Werner Pirijns)(Gutowski, Peter) |
| Filing 10 MOTION for Jay L. Alexander to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15804595. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Greenville Oil & Gas Co. Ltd., International Engineering & Construction S.A.. (Attachments: #1 Text of Proposed Order)(Alexander, Jay) |
| Filing 9 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Baker Hughes served on 10/11/2018, answer due 11/1/2018; Baker Hughes served on 10/11/2018, answer due 11/1/2018. Service was accepted by Amy McLaren, Authorized Agent to Accept Service of Process. Document filed by Greenville Oil & Gas Co. Ltd. ; International Engineering & Construction S.A.. (Gutowski, Peter) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Baker Hughes, Baker Hughes. (dnh) |
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Filing 7
ORDER: Having reviewed Petitioners' petition to compel arbitration ("Petition"), ECF No. 5, it is hereby ORDERED that: 1. By October 24, 2018, Petitioners shall file a memorandum of law in support of the petition on ECF; 2. By October 29, 2018, Petitioners shall serve on Respondents the following documents: (1) this Order, and (2) the Petition, including exhibits, and (3) the accompanying memorandum of law; as further set forth in this Order. (Signed by Judge Analisa Torres on 10/10/2018) (cf) Modified on 10/11/2018 (cf).
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| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Baker Hughes, a GE Company; Baker Hughes, a GE Company, LLC, re: #5 Complaint,. Document filed by Greenville Oil & Gas Co. Ltd., International Engineering & Construction S.A.. (Gutowski, Peter) |
| Filing 5 COMPLAINT against Baker Hughes, Baker Hughes. Document filed by Greenville Oil & Gas Co. Ltd., International Engineering & Construction S.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Gutowski, Peter) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Yaakov U. Adler. The following case opening statistical information was erroneously selected/entered: County code New York; Fee Status code due (due). The following correction(s) have been made to your case entry: the County code has been modified to XX Out of U.S.; the Fee Status code has been modified to pd (paid). (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Yaakov U. Adler to RE-FILE Document No. #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,. The filing is deficient for the following reason(s): the pleading was not signed by the filing attorney. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Yaakov U. Adler. The party information for the following party/parties has been modified: Baker Hughes, a GE Company, Baker Hughes, a GE Company LLC. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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. (pc) |
| Magistrate Judge Henry B. Pitman 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. (pc) |
| Case Designated ECF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Yaakov U. Adler to RE-FILE Document No. #4 Request for Issuance of Summons,. The filing is deficient for the following reason(s): Party names on the summons must be written out on the docket entry for the summons. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) |
| Filing 4 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to, re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,. Document filed by Greenville Oil & Gas Co. Ltd., International Engineering & Construction S.A.. (Adler, Yaakov) Modified on 10/10/2018 (pc). |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Greenville Oil & Gas Co. Ltd., International Engineering & Construction S.A..(Adler, Yaakov) |
| Filing 2 CIVIL COVER SHEET filed. (Adler, Yaakov) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - SIGNATURE ERROR - PETITION TO Compel ARBITRATION. (Filing Fee $ 400.00, Receipt Number ANYSDC-15705618).Document filed by Greenville Oil & Gas Co. Ltd., International Engineering & Construction S.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Adler, Yaakov) Modified on 10/10/2018 (pc). |
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