Vale S.A. v. BSG Resources Limited
Case Number: 1:2019cv03619
Filed: December 9, 2019
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Nature of Suit: Other Statutes: Arbitration
Cause of Action: 09 U.S.C. ยง 207 Application for order confirming award of arbitrators
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Date Filed Document Text
March 24, 2022 Opinion or Order Filing 99 STIPULATION AND PROPOSED PROTECTIVE ORDER:regarding procedures to be followed that shall govern the handling of confidential material... So Ordered. (Signed by Magistrate Judge Robert W. Lehrburger on 3/24/2022) (js)
November 22, 2021 Opinion or Order Filing 93 ORDER: This resolves the issue raised by interested party Steinmetz at Dkt. 86. As discussed at the conference held on November 22, 2021, Steinmetz is precluded from seeking a protective order in response to the Court's order on motion to compel dated October 15, 2021 (Dkt. 84). Steinmetz could have but did not move to reconsider or file objections within the fourteen-day period. He also sat on his rights for over a year since the discovery demands were first served on March 31, 20 20. Steinmetz's time to comply with the Court's October 15, 2021 order is extended to December 22, 2021. Plaintiff's request for sanctions is denied without prejudice. (Signed by Magistrate Judge Robert W. Lehrburger on 11/22/2021) Copies Sent By Chambers. (ate)
October 15, 2021 Opinion or Order Filing 84 ORDER ON MOTION TO COMPEL granting 71 Letter Motion to Compel. Accordingly, the Motion is GRANTED. Steinmetz shall provide written responses and all responsive documents to Vale's Discovery Requests no later than November 10, 2021. Vale is further authorized to issue and serve additional discovery requests on Steinmetz as may be necessary in aid of execution of the Judgment. Nothing in this Order shall be construed to prevent or otherwise foreclose Vale from seeking leave of Court to s erve additional discovery on any other person or entity. Plaintiffs shall serve this Order on Steinmetz by email and priority mail and shall file proof of service of same by October 20, 2021. Additionally, entry of this Order on ECF in this case sha ll suffice as service on Steinmetz based on the prima facie showing that he is the alter-ego of BSGR. The Clerk is respectfully requested to terminate the motion at ECF 71. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 10/15/2021) (mml)
October 4, 2021 Opinion or Order Filing 82 ORDER: This matter has been referred to me for general pretrial purposes. Accordingly, by October 12, 2021, the parties shall file (jointly if feasible) a letter setting forth (1) the status of proceedings, (2) any pending motions or applications re quiring resolution (with reference to specific ECF docket numbers), and (3) any other matter that is ripe to raise with the Court SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 10/4/2021) Copies transmitted this date to all counsel of record. (mml)
May 17, 2021 Opinion or Order Filing 78 ORDER granting 70 Letter Motion to Seal. APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 5/17/2021) (kv)
April 29, 2021 Opinion or Order Filing 69 ORDER granting 66 Letter Motion for Discovery. APPLICATION GRANTED. Petitioner is directed to provide supplemental briefing in support of its request by May 14, 2021. SO ORDERED. (Signed by Judge Vernon S. Broderick on 4/29/2021) (kv)
March 5, 2020 Opinion or Order Filing 51 JUDGMENT: ORDERED that the Petitioner's Petition is hereby GRANTED; and it is further ORDERED that the Arbitral Award is hereby confirmed, recognized and will be enforced under Section 9 of the Federal Arbitration Act and Article IV of the Co nvention on Recognition and Enforcement of Foreign Arbitral Awards; and it is further ORDERED that pursuant to the Arbitral Award, Respondent BSG Resources Limited must pay Petitioner Vale S.A.: i. Judgment in the amount of $2,172,833,761.15 c onsisting of: and further set forth in this Order. Post-judgment interest on all foregoing amounts calculated at the federal statutory post-judgment interest rate set in 28 U.S.C. § 1961, and running from the day after entry of this Final Judgment until paid. (Signed by Judge Vernon S. Broderick on 3/5/2020) (rro)
March 2, 2020 Opinion or Order Filing 48 ORDER: Accordingly, it is hereby: ORDERED that the parties shall resubmit their proposed judgment with all monetary amounts stated in U.S. dollars. IT IS FURTHER ORDERED that the status conference currently set for March 6, 2020 is adjourned sine die. SO ORDERED. ***Hearings Terminated*** The following hearing(s) was terminated: Status Conference. (Signed by Judge Vernon S. Broderick on 3/2/2020) (jca)
January 23, 2020 Opinion or Order Filing 40 ORDER: Accordingly, it is hereby:ORDERED that the parties shall appear for a conference on February 26, 2020, at 10:30 a.m. IT IS FURTHER ORDERED that by February 17, 2020, the parties shall submit a joint letter setting forth their joint or separa te positions, including relevant supporting authority, on the following topics: 1) What is the procedural posture of Defendants Chapter 15 bankruptcy? What is the procedural posture of the Guernsey Administration? 2) What effect would a judgment i n this case have on the Chapter 15 bankruptcy, the Guernsey Administration, or any other proceeding? 3) What effect would the Chapter 15 bankruptcy, the Guernsey Administration, or any other proceeding have on enforcement of a judgment in this case ? 4) Leaving aside any arguments about the merits of any contemplated request for injunctive relief, if judgment is entered against Defendant in this case and Defendant wishes to make an application for a stay of enforcement: a. Under what statute or other source of law would Defendant bring that application? b. Which court or courts would have jurisdiction to hear the application? c. If both the district court and the bankruptcy court would have jurisdiction, which court would be the proper or preferred forum to hear the application? IT IS FURTHER ORDERED that if the parties believe formal briefing is necessary, they shall submit a proposed briefing schedule within seven (7) days of this Order. SO ORDERED. (Status Conference set for 2/26/2020 at 10:30 AM before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 1/23/2020) (js)
December 9, 2019 Opinion or Order Filing 38 ORDER: Accordingly, it is hereby: ORDERED that Defendant shall submit a response to Plaintiff's letter by December 23, 2019, detailing the impact of the English High Court's decision, if any, on the arguments it has presented in opposition to Plaintiff's petition and in support of its cross-motion to dismiss or, in the alternative, adjourn any decision on enforcement of the arbitral award. (Docs. 19-21.) SO ORDERED. (Signed by Judge Vernon S. Broderick on 12/9/2019) (rro)
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