International Finance Corporation et al v. Port Lafito, S.A.
Plaintiff: Nederlandse Financierings-Maatschappij voor Ontwikkelingslanden N.V. and International Finance Corporation
Defendant: Port Lafito, S.A.
Case Number: 1:2018cv11160
Filed: November 30, 2018
Court: US District Court for the Southern District of New York
Presiding Judge: Alison J Nathan
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1331 Fed. Question
Jury Demanded By: Defendant
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This docket was last retrieved on April 8, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 8, 2019 Filing 54 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Port Lafito, S.A. and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Port Lafito, S.A.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..(Corcoran, Kieran)
April 8, 2019 ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Michael Landsman. RE-FILE Document No. #53 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): The stipulation needs to have handwritten signatures of the attorneys. Also, include a signature date of the attorneys. (km)
April 5, 2019 Filing 53 FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Port Lafito, S.A. pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by International Finance Corporation, Nederlandse Financierings-Maatschappij voor Ontwikkelingslanden N.V.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..(Landsman, Michael) Modified on 4/8/2019 (km).
March 14, 2019 Filing 52 LETTER MOTION for Oral Argument addressed to Judge Alison J. Nathan from Kieran M. Corcoran dated March 14, 2019. Document filed by Port Lafito, S.A..(Corcoran, Kieran)
March 14, 2019 Filing 51 DECLARATION of Lilian Rodriguez-Baz in Support re: #12 MOTION to Transfer Case .. Document filed by Port Lafito, S.A.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Corcoran, Kieran)
March 14, 2019 Filing 50 DECLARATION of Benjamin Reiss in Support re: #12 MOTION to Transfer Case .. Document filed by Port Lafito, S.A.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Corcoran, Kieran)
March 14, 2019 Filing 49 REPLY MEMORANDUM OF LAW in Support re: #12 MOTION to Transfer Case . . Document filed by Port Lafito, S.A.. (Corcoran, Kieran)
March 5, 2019 Filing 48 DECLARATION of Lilian Rodriguez-Baz in Support re: #24 MOTION to Dismiss the Complaint or Stay the Action.. Document filed by Port Lafito, S.A.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Corcoran, Kieran)
March 5, 2019 Filing 47 LETTER MOTION for Oral Argument addressed to Judge Alison J. Nathan from Kieran Corcoran dated March 4, 2019. Document filed by Port Lafito, S.A..(Corcoran, Kieran)
March 5, 2019 Filing 46 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #48 Declaration) - DECLARATION of Lilian Rodriguez-Baz in Support re: #24 MOTION to Dismiss the Complaint or Stay the Action.. Document filed by Port Lafito, S.A.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Corcoran, Kieran) Modified on 3/6/2019 (db).
March 5, 2019 Filing 45 DECLARATION of Benjamin Reiss in Support re: #24 MOTION to Dismiss the Complaint or Stay the Action.. Document filed by Port Lafito, S.A.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Corcoran, Kieran)
March 4, 2019 Filing 44 DECLARATION of Ricardo Bajandas in Support re: #24 MOTION to Dismiss the Complaint or Stay the Action.. Document filed by Port Lafito, S.A.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7)(Corcoran, Kieran)
March 4, 2019 Filing 43 REPLY MEMORANDUM OF LAW in Support re: #24 MOTION to Dismiss the Complaint or Stay the Action. . Document filed by Port Lafito, S.A.. (Corcoran, Kieran)
March 4, 2019 Filing 42 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #44 Declaration) - DECLARATION of Ricardo Bajandas in Support re: #24 MOTION to Dismiss the Complaint or Stay the Action.. Document filed by Port Lafito, S.A.. (Attachments: #1 Exhibit Exhibit 1: August 8 Letter, #2 Exhibit Exhibit 2: August 17 Letter, #3 Exhibit Exhibit 3: September 7 Letter, #4 Exhibit Exhibit 4: September 19 Letter, #5 Exhibit Exhibit 5: November 2 Letter, #6 Exhibit Exhibit 6: September 2018 Quarterly Payments, #7 Exhibit Exhibit 7: September 2018 Quarterly Payments)(Corcoran, Kieran) Modified on 3/6/2019 (db).
March 4, 2019 Filing 41 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #43 Reply Memorandum) - RESPONSE in Opposition to Motion re: #24 MOTION to Dismiss the Complaint or Stay the Action. . Document filed by Port Lafito, S.A.. (Corcoran, Kieran) Modified on 3/6/2019 (db).
March 1, 2019 Filing 40 SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: #12 MOTION to Transfer Case ., #32 LETTER MOTION for Extension of Time to File Response/Reply as to #12 MOTION to Transfer Case . addressed to Judge Alison J. Nathan from Kieran M. Corcoran dated February 8, 2019. LETTER MOTION for Leave to File Plaintiff requesting to file supplement to D.E. 18 addressed to Judge Alison J. Nathan from Kieran M. Corcoran dated February 8, 2019. . Document filed by International Finance Corporation, Nederlandse Financierings-Maatschappij voor Ontwikkelingslanden N.V.. (Landsman, Michael)
February 27, 2019 Opinion or Order Filing 39 ORDER granting #38 Letter Motion for Extension of Time to Answer. SO ORDERED. (Signed by Judge Alison J. Nathan on 2/26/2019) International Finance Corporation answer due 4/1/2019; Nederlandse Financierings-Maatschappij voor Ontwikkelingslanden N.V. answer due 4/1/2019 (ks)
February 26, 2019 Filing 38 LETTER MOTION for Extension of Time to File Answer re: #31 Answer to Complaint, Counterclaim addressed to Judge Alison J. Nathan from Zeb Landsman, Esq. dated February 26, 2019. Document filed by International Finance Corporation, Nederlandse Financierings-Maatschappij voor Ontwikkelingslanden N.V..(Landsman, Michael)
February 26, 2019 Opinion or Order Filing 37 ORDER granting #36 Letter Motion for Extension of Time to File Response/Reply. SO ORDERED. Replies due by 3/4/2019. (Signed by Judge Alison J. Nathan on 2/26/2019) (kv)
February 25, 2019 Filing 36 LETTER MOTION for Extension of Time to File Response/Reply as to #34 Memorandum of Law in Opposition to Motion, addressed to Judge Alison J. Nathan from Kieran M. Corcoran. Document filed by Port Lafito, S.A..(Corcoran, Kieran)
February 20, 2019 Filing 35 DECLARATION of Maya I. Ghose in Opposition re: #24 MOTION to Dismiss the Complaint or Stay the Action.. Document filed by International Finance Corporation, Nederlandse Financierings-Maatschappij voor Ontwikkelingslanden N.V.. (Attachments: #1 Exhibit A: CTA, #2 Exhibit B: Noritake Decl, #3 Exhibit C: Flow of Funds Memo, #4 Exhibit D: Breach Notice, #5 Exhibit E: Port's Response, #6 Exhibit F: Baz Decl, #7 Exhibit G: Complaint (FL), #8 Exhibit H: IFC's Mot to Transfer (FL), #9 Exhibit I: Complaint (NY), #10 Exhibit J: Answer with Counterclaims (NY))(Landsman, Michael)
February 20, 2019 Filing 34 MEMORANDUM OF LAW in Opposition re: #24 MOTION to Dismiss the Complaint or Stay the Action. . Document filed by International Finance Corporation, Nederlandse Financierings-Maatschappij voor Ontwikkelingslanden N.V.. (Landsman, Michael)
February 11, 2019 Opinion or Order Filing 33 ORDER granting #32 Letter Motion for Extension of Time to File Response/Reply re #32 LETTER MOTION for Extension of Time to File Response/Reply as to #12 MOTION to Transfer Case . addressed to Judge Alison J. Nathan from Kieran M. Corcoran dated February 8, 2019. LETTER MOTION for Leave to File Plaintiff requesting to file supplement to D.E. 18 addressed to Judge Alison J. Nathan from Kieran M. Corcoran dated February 8, 2019. ; granting #32 Letter Motion for Leave to File Document. SO ORDERED. (Signed by Judge Alison J. Nathan on 2/11/2019) ( Responses due by 3/1/2019, Replies due by 3/14/2019.) (ks)
February 8, 2019 Filing 32 LETTER MOTION for Extension of Time to File Response/Reply as to #12 MOTION to Transfer Case . addressed to Judge Alison J. Nathan from Kieran M. Corcoran dated February 8, 2019., LETTER MOTION for Leave to File Plaintiff requesting to file supplement to D.E. 18 addressed to Judge Alison J. Nathan from Kieran M. Corcoran dated February 8, 2019. Document filed by Port Lafito, S.A..(Corcoran, Kieran)
February 7, 2019 Filing 31 ANSWER to #1 Complaint, with JURY DEMAND., COUNTERCLAIM against All Plaintiffs. Document filed by Port Lafito, S.A.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Corcoran, Kieran)
February 1, 2019 Filing 30 LETTER addressed to Judge Alison J. Nathan from Zeb Landsman dated 2/1/2019 re: Notice Pursuant to Rule 3.F of this Courts Individual Practices. Document filed by International Finance Corporation, Nederlandse Financierings-Maatschappij voor Ontwikkelingslanden N.V..(Landsman, Michael)
January 31, 2019 Opinion or Order Filing 29 ORDER granting #28 Letter Motion for Extension of Time. SO ORDERED. (Signed by Judge Alison J. Nathan on 1/30/2019) (kv)
January 31, 2019 Set/Reset Deadlines: Responses due by 2/20/2019 (kv)
January 30, 2019 Filing 28 LETTER MOTION for Extension of Time to Oppose Motion to Dismiss addressed to Judge Alison J. Nathan from Zeb Landsman, Esq. dated 30 Jan 2019. Document filed by International Finance Corporation, Nederlandse Financierings-Maatschappij voor Ontwikkelingslanden N.V..(Landsman, Michael)
January 28, 2019 Opinion or Order Filing 27 ORDER granting #23 Letter Motion for Extension of Time to File Response/Reply re #12 MOTION to Transfer Case . So ordered. Replies due by 2/11/2019.. (Signed by Judge Alison J. Nathan on 1/28/2019) (tro)
January 28, 2019 Opinion or Order Filing 26 ORDER with respect to #24 Motion to Dismiss: On January 25, 2018, Defendant filed a motion to dismiss. Pursuant to Rule 3.F of this Court's Individual Practices in Civil Cases, on or before February 4, 2018, Plaintiff must notify the Court and its adversary in writing whether (1) it intends to file an amended pleading and when it will do so or (2) it will rely on the pleading being attacked. Plaintiff is on notice that declining to amend its pleadings to timely respond to a fully briefed argument in Defendant's motion to dismiss may well constitute a waiver of the Plaintiffs right to use the amendment process to cure any defects that have been made apparent by the Defendant's briefing. See Loreley Fin. (Jersey) No. 3 Ltd. v. Wells Fargo Sec., LLC., 797 F.3d 160 (2d Cir. 2015) (leaving "unaltered the grounds on which denial of leave to amend has long been held proper, such as undue delay, bad faith, dilatory motive, and futility"). If Plaintiff chooses to amend, Defendant may then (a) file an answer; (b) file a new motion to dismiss; or (c) submit a letter stating that it relies on the initially-filed motion to dismiss. Nothing in this Order alters the time to amend, answer or move provided by the Federal Rules of Civil Procedure or Local Rules. The initial pretrial conference scheduled for April 12, 2018 is adjourned pending resolution of this motion. (Signed by Judge Alison J. Nathan on 1/28/2019) (jwh)
January 25, 2019 Filing 25 MEMORANDUM OF LAW in Support re: #24 MOTION to Dismiss the Complaint or Stay the Action. . Document filed by Port Lafito, S.A.. (Attachments: #1 Exhibit A)(Corcoran, Kieran)
January 25, 2019 Filing 24 MOTION to Dismiss the Complaint or Stay the Action. Document filed by Port Lafito, S.A.. Responses due by 2/8/2019(Corcoran, Kieran)
January 25, 2019 Filing 23 LETTER MOTION for Extension of Time to File Response/Reply as to #18 Memorandum of Law in Opposition to Motion to Transfer addressed to Judge Alison J. Nathan from Kieran M. Corcoran dated January 25, 2019. Document filed by Port Lafito, S.A..(Corcoran, Kieran)
January 23, 2019 Filing 22 DECLARATION of Dana Barika Bennett in Opposition re: #12 MOTION to Transfer Case .. Document filed by International Finance Corporation, Nederlandse Financierings-Maatschappij voor Ontwikkelingslanden N.V.. (Attachments: #1 Exhibit A - CTA Agreement, #2 Exhibit IFC Loan Agreement, #3 Exhibit FMO Loan Agreement)(Landsman, Michael)
January 23, 2019 Filing 21 DECLARATION of Maya I. Ghose in Opposition re: #12 MOTION to Transfer Case .. Document filed by International Finance Corporation, Nederlandse Financierings-Maatschappij voor Ontwikkelingslanden N.V.. (Attachments: #1 Exhibit A - Flow of Transaction Documents, #2 Exhibit B - 2018-08-08 -- Letter from IFC to Port Lafito, #3 Exhibit C - 2018-08-17 -- Letter from Port Lafito to IFC, #4 Exhibit D - Complaint in Florida Action, #5 Exhibit E - Complaint in this action (ECF No. 1))(Landsman, Michael)
January 23, 2019 Filing 20 DECLARATION of Andre Van Hoeck in Opposition re: #12 MOTION to Transfer Case .. Document filed by International Finance Corporation, Nederlandse Financierings-Maatschappij voor Ontwikkelingslanden N.V.. (Landsman, Michael)
January 23, 2019 Filing 19 DECLARATION of Guus Werners in Opposition re: #12 MOTION to Transfer Case .. Document filed by International Finance Corporation, Nederlandse Financierings-Maatschappij voor Ontwikkelingslanden N.V.. (Landsman, Michael)
January 23, 2019 Filing 18 MEMORANDUM OF LAW in Opposition re: #12 MOTION to Transfer Case . . Document filed by International Finance Corporation, Nederlandse Financierings-Maatschappij voor Ontwikkelingslanden N.V.. (Landsman, Michael)
January 15, 2019 Opinion or Order Filing 17 ORDER granting #16 Letter Motion for Extension of Time to File Response/Reply. So ordered. Responses due by 1/23/2019. (Signed by Judge Alison J. Nathan on 1/14/2019) (mro)
January 14, 2019 Filing 16 LETTER MOTION for Extension of Time to File Response/Reply as to #12 MOTION to Transfer Case . addressed to Judge Alison J. Nathan from Zeb Landsman dated January 14, 2019. Document filed by International Finance Corporation, Nederlandse Financierings-Maatschappij voor Ontwikkelingslanden N.V..(Landsman, Michael)
January 3, 2019 Filing 15 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent GBG Infrastructure, Ltd. for Port Lafito, S.A.. Document filed by Port Lafito, S.A..(Corcoran, Kieran)
January 2, 2019 Filing 14 MEMORANDUM OF LAW in Support re: #12 MOTION to Transfer Case . . Document filed by Port Lafito, S.A.. (Attachments: #1 Exhibit 1)(Corcoran, Kieran)
January 2, 2019 Filing 13 DECLARATION of Richard Noritake in Support re: #12 MOTION to Transfer Case .. Document filed by Port Lafito, S.A.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Corcoran, Kieran)
January 2, 2019 Filing 12 MOTION to Transfer Case . Document filed by Port Lafito, S.A..(Corcoran, Kieran)
December 21, 2018 Opinion or Order Filing 11 ORDER granting #10 Letter Motion for Extension of Time to Answer. So ordered. (Port Lafito, S.A. answer due 1/25/2019.) (Signed by Judge Alison J. Nathan on 12/21/2018) (anc)
December 19, 2018 Filing 10 LETTER MOTION for Extension of Time to File Answer addressed to Judge Alison J. Nathan from Kieran M. Corcoran dated 12/19/2018. Document filed by Port Lafito, S.A..(Corcoran, Kieran)
December 19, 2018 Filing 9 NOTICE OF APPEARANCE by Kieran M. Corcoran on behalf of Port Lafito, S.A.. (Corcoran, Kieran)
December 5, 2018 Filing 8 AFFIDAVIT OF SERVICE of Summons and Complaint,. Port Lafito, S.A. served on 12/4/2018, answer due 12/26/2018. Service was made by Mail. Document filed by International Finance Corporation; Nederlandse Financierings-Maatschappij voor Ontwikkelingslanden N.V.. (Landsman, Michael)
December 4, 2018 Filing 7 ELECTRONIC SUMMONS ISSUED as to Port Lafito, S.A.. (dnh)
December 3, 2018 Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Port Lafito, S.A., re: #1 Complaint,. Document filed by International Finance Corporation, Nederlandse Financierings-Maatschappij voor Ontwikkelingslanden N.V.. (Landsman, Michael)
December 3, 2018 Opinion or Order Filing 5 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 4/12/2019 at 03:15 PM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan. Parties ordered to submit via ECF proposed case management plan and joint letter seven days before conference. (As further set forth in this Order.) (Signed by Judge Alison J. Nathan on 12/3/2018) (cf)
December 3, 2018 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. 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)
December 3, 2018 ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Michael Zeb Landsman. The following case opening statistical information was erroneously selected/entered: Cause of Action code 22:286; Dollar Demand $19605765000; County code New York;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1331; the Dollar Demand has been modified to $9999000; the County code has been modified to XX Out of State;. (jgo)
December 3, 2018 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)
December 3, 2018 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Michael Zeb Landsman to RE-FILE Document No. #4 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the Court name is not on the PDF;. 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. (jgo)
December 3, 2018 Case Designated ECF. (jgo)
November 30, 2018 Filing 4 FILING ERROR - PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Port Lafito, S.A., re: #1 Complaint,. Document filed by International Finance Corporation, Nederlandse Financierings-Maatschappij voor Ontwikkelingslanden N.V.. (Landsman, Michael) Modified on 12/3/2018 (jgo).
November 30, 2018 Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent ABN AMRO Bank N.V., Corporate Parent Rabobank Nederland, Corporate Parent ING Bank N.V. for Nederlandse Financierings-Maatschappij voor Ontwikkelingslanden N.V.. Document filed by International Finance Corporation, Nederlandse Financierings-Maatschappij voor Ontwikkelingslanden N.V..(Landsman, Michael)
November 30, 2018 Filing 2 CIVIL COVER SHEET filed. (Landsman, Michael)
November 30, 2018 Filing 1 COMPLAINT against Port Lafito, S.A.. (Filing Fee $ 400.00, Receipt Number ANYSDC-15982638)Document filed by International Finance Corporation, Nederlandse Financierings-Maatschappij voor Ontwikkelingslanden N.V.. (Attachments: #1 Exhibit A - Common Terms Agreement, #2 Exhibit B - Senior Loan Agreements)(Landsman, Michael)

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Plaintiff: Nederlandse Financierings-Maatschappij voor Ontwikkelingslanden N.V.
Represented By: Michael Zeb Landsman
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Plaintiff: International Finance Corporation
Represented By: Michael Zeb Landsman
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Defendant: Port Lafito, S.A.
Represented By: Kieran M. Corcoran
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