Deutsche Mexico Holdings S.a r.l. et al v. Accendo Banco, S.A.
| Suddeutsche Vermogensverwaltung GmbH, Deutsche Bank Aktiengesellschaft, Cayman Islands Branch and Deutsche Mexico Holdings S.a r.l. |
| Accendo Banco, S.A. |
| 1:2019cv08692 |
| September 18, 2019 |
| US District Court for the Southern District of New York |
| Alvin K Hellerstein |
| Other Statutes: Arbitration |
| 09 U.S.C. § 201 |
| None |
Docket Report
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| Filing 34 CLERK'S JUDGMENT re: #33 Memorandum & Opinion. in favor of Deutsche Bank Aktiengesellschaft, Cayman Islands Branch, Deutsche Mexico Holdings S.a r.l., Suddeutsche Vermogensverwaltung GmbH against Accendo Banco, S.A. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated October 17, 2019, the petition for injunctive relief is granted; Judgment is entered as follows: (a) Accendo Banco, S.A. ("Accendo") is ordered to withdraw the Mexico injunction, and take all steps necessary to achieve such a withdrawal before the Mexico City Court; (b)Accendo is ordered to refrain from enforcing the Mexico Injunction while it remains in effect; and (c)costs shall be taxed against Accendo. (Signed by Clerk of Court Ruby Krajick on 10/18/2019) (Attachments: #1 Notice of Right to Appeal)(dt) |
Filing 33
OPINION AND ORDER GRANTING MOTION FOR INJUNCTION IN AID OF ARBITRATION: For the foregoing reasons, the petition for injunctive relief is granted. The Clerk shall enter judgment providing that (a) Accendo is ordered to withdraw the Mexico Injunction, and take all steps necessary to achieve such a withdrawal before the Mexico City Court; (b) Accendo is ordered to refrain from enforcing the Mexico Injunction while it remains in effect; and (c) costs shall be taxed against Accendo. (Signed by Judge Alvin K. Hellerstein on 10/17/2019) (jwh) Transmission to Orders and Judgments Clerk for processing.
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| Filing 32 LETTER addressed to Judge Alvin K. Hellerstein from Jonathan K. Youngwood dated October 15, 2019 Document filed by Deutsche Bank Aktiengesellschaft, Cayman Islands Branch, Deutsche Mexico Holdings S.a r.l., Suddeutsche Vermogensverwaltung GmbH. (Attachments: #1 Appendix A - Hearing Transcript Excerpts, #2 Appendix B - Emergency Arbitrator Order)(Youngwood, Jonathan) |
| Filing 31 LETTER addressed to Judge Alvin K. Hellerstein from Jonathan K. Youngwood dated October 11, 2019 Document filed by Deutsche Bank Aktiengesellschaft, Cayman Islands Branch, Deutsche Mexico Holdings S.a r.l., Suddeutsche Vermogensverwaltung GmbH. (Attachments: #1 Court Exhibit A - Respondent's Request for Arbitration, dated September 4, 2019, #2 Court Exhibit B - Respondent's Application for Emergency Measures, dated September 26, 2019, #3 Appendix A - Excerpt from 10/4/19 Transcript)(Youngwood, Jonathan) |
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Filing 30
ORDER FOR ADMISSION PRO HAC VICE OF JUAN P. MORILLO granting #29 Motion for Juan Morillo to Appear Pro Hac Vice. The motion of Juan Morillo for admission to practice Pro Hac Vice in the above-captioned action is GRANTED. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Alvin K. Hellerstein on 10/10/19) (yv)
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| Filing 29 MOTION for Juan P. Morillo to Appear Pro Hac Vice Receipt #ANYSDC-17745580. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Accendo Banco, S.A.. (Attachments: #1 Certificate of Good Standing from State of Florida, #2 Certificate of Good Standing from District of Columbia, #3 Declaration of Juan P. Morillo In Support of Admission to Practice Pro Hac Vice, #4 Proposed Order)(Morillo, Juan) |
| Filing 28 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Juan P. Morillo in Support re: #27 MOTION for Juan P. Morillo to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17745580. Motion and supporting papers to be reviewed by Clerk's Office staff.. Document filed by Accendo Banco, S.A.. (Attachments: #1 Proposed Order)(Morillo, Juan) Modified on 10/9/2019 (wb). |
| Filing 27 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Juan P. Morillo to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17745580. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Accendo Banco, S.A.. (Attachments: #1 Certificate of Good Standing from State of Florida, #2 Certificate of Good Standing from District of Columbia)(Morillo, Juan) Modified on 10/9/2019 (wb). |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #29 MOTION for Juan P. Morillo to Appear Pro Hac Vice Receipt #ANYSDC-17745580. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #28 Declaration in Support of Motion, #27 MOTION for Juan P. Morillo to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17745580. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Proposed Order; The Proposed Order and Affidavit as to be attached as exhibits to the MOTION FOR PRO HAC VICE;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb) |
| Filing 26 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/4/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 25 TRANSCRIPT of Proceedings re: CONFERENCE held on 10/4/2019 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Kelly Surina, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/29/2019. Redacted Transcript Deadline set for 11/8/2019. Release of Transcript Restriction set for 1/6/2020.(McGuirk, Kelly) |
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Filing 24
MEMO ENDORSEMENT on re: #16 Letter requesting that the Court enter an order permitting Petitioners to file a replacement version of the document filed at ECF 1-3 (Exhibit 3 to the Petition), filed by Suddeutsche Vermogensverwaltung GmbH, Deutsche Mexico Holdings S.a r.l., Deutsche Bank Aktiengesellschaft, Cayman Islands Branch. ENDORSEMENT: So Ordered. (Signed by Judge Alvin K. Hellerstein on 10/4/19) (yv)
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| Filing 23 DECLARATION of Susannah S. Geltman in Support re: #1 Petition (Other),. Document filed by Deutsche Bank Aktiengesellschaft, Cayman Islands Branch, Deutsche Mexico Holdings S.a r.l., Suddeutsche Vermogensverwaltung GmbH. (Attachments: #1 Exhibit 22, #2 Exhibit 23)(Geltman, Susannah) |
| Filing 22 REPLY MEMORANDUM OF LAW in Support re: #1 Petition (Other), . Document filed by Deutsche Bank Aktiengesellschaft, Cayman Islands Branch, Deutsche Mexico Holdings S.a r.l., Suddeutsche Vermogensverwaltung GmbH. (Youngwood, Jonathan) |
| Filing 21 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Juan P. Morillo to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17678401. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Accendo Banco, S.A.. (Attachments: #1 Declaration of Juan P. Morillo in Support of Admission to Practice Pro Hace Vice, #2 Certificate of Good Standing from State of Florida, #3 Certificate of Good Standing from District of Columbia, #4 Text of Proposed Order)(Morillo, Juan) Modified on 9/27/2019 (bcu). |
| Filing 20 NOTICE OF APPEARANCE by Daniel Pulecio-Boek on behalf of Accendo Banco, S.A.. (Pulecio-Boek, Daniel) |
| Filing 19 DECLARATION of Diego Ignacio Sierra Laris in Opposition re: #1 Petition (Other),. Document filed by Accendo Banco, S.A.. (Greenwald, Marc) |
| Filing 18 DECLARATION of Jose Manuel Guillemot-Cesari in Opposition re: #1 Petition (Other),. Document filed by Accendo Banco, S.A.. (Attachments: #1 Exhibit A)(Greenwald, Marc) |
| Filing 17 MEMORANDUM OF LAW in Opposition re: #1 Petition (Other), . Document filed by Accendo Banco, S.A.. (Greenwald, Marc) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #21 MOTION for Juan P. Morillo to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17678401. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Florida. We do not except certificates from state bar associations.;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu) |
| Filing 16 LETTER addressed to Judge Alvin K. Hellerstein from Robert H. Arnay dated September 20, 2019 Document filed by Deutsche Bank Aktiengesellschaft, Cayman Islands Branch, Deutsche Mexico Holdings S.a r.l., Suddeutsche Vermogensverwaltung GmbH.(Arnay, Robert) |
| Filing 15 CERTIFICATE OF SERVICE of Deutsche Bank's Emergency Order to Show Cause for Injunctive Relief in Aid of Arbitration, Deutsche Bank's Memorandum of Law in Support of Its Emergency Order to Show Cause for Injunctive Relief in Aid of Arbitration, and the Declaration of Everardo J. Espino Guerrero, the Declaration of James E. Ruane, and the Declaration of Jonathan K. Youngwood, Esq. served on Accendo Banco, S.A. on September 20, 2019. Service was accepted by Respondent's Counsel. Service was made by e-mail. Document filed by Deutsche Bank Aktiengesellschaft, Cayman Islands Branch, Deutsche Mexico Holdings S.a r.l., Suddeutsche Vermogensverwaltung GmbH. (Arnay, Robert) |
| Filing 14 DECLARATION of Jonathan K. Youngwood in Support re: #1 Petition (Other),. Document filed by Deutsche Bank Aktiengesellschaft, Cayman Islands Branch, Deutsche Mexico Holdings S.a r.l., Suddeutsche Vermogensverwaltung GmbH. (Attachments: #1 Exhibit 16, #2 Exhibit 17, #3 Exhibit 18, #4 Exhibit 19, #5 Exhibit 20)(Youngwood, Jonathan) |
| Filing 13 DECLARATION of James E. Ruane in Support re: #1 Petition (Other),. Document filed by Deutsche Bank Aktiengesellschaft, Cayman Islands Branch, Deutsche Mexico Holdings S.a r.l., Suddeutsche Vermogensverwaltung GmbH. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 7, #7 Exhibit 8, #8 Exhibit 9, #9 Exhibit 10, #10 Exhibit 11, #11 Exhibit 12, #12 Exhibit 13, #13 Exhibit 14, #14 Exhibit 15, #15 Exhibit 21)(Youngwood, Jonathan) |
| Filing 12 DECLARATION of Everardo J. Espino Guerrero in Support re: #1 Petition (Other),. Document filed by Deutsche Bank Aktiengesellschaft, Cayman Islands Branch, Deutsche Mexico Holdings S.a r.l., Suddeutsche Vermogensverwaltung GmbH. (Attachments: #1 Exhibit 1)(Youngwood, Jonathan) |
| Filing 11 MEMORANDUM OF LAW in Support re: #1 Petition (Other), . Document filed by Deutsche Bank Aktiengesellschaft, Cayman Islands Branch, Deutsche Mexico Holdings S.a r.l., Suddeutsche Vermogensverwaltung GmbH. (Youngwood, Jonathan) |
| Filing 10 NOTICE OF APPEARANCE by Andrew Peter Marks on behalf of Accendo Banco, S.A.. (Marks, Andrew) |
| Filing 9 NOTICE OF APPEARANCE by Rachel Elizabeth Epstein on behalf of Accendo Banco, S.A.. (Epstein, Rachel) |
| Filing 8 NOTICE OF APPEARANCE by Monica Elizabeth Tarazi on behalf of Accendo Banco, S.A.. (Tarazi, Monica) |
| Filing 7 NOTICE OF APPEARANCE by Marc Laurence Greenwald on behalf of Accendo Banco, S.A.. (Greenwald, Marc) |
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Filing 6
ORDER, It is hereby ordered that: 1. Petitioners will, by the end of today, September 20, 2019, upload electronic copies of their moving papers to CM/ECF; 2. Respondent's papers, in opposition to petitioners' motion for an emergency order, will be due by September 27, 2019, at 11:00am; 3. Petitioners' reply papers, in further support of their motion, will be due by October 2, 2019, at 4:00pm; 4. The parties will have the opportunity to present oral argument in support of their respective positions at a hearing, to be held on October 4, 2019, at 1:00pm. SO ORDERED. ((Motions due by 9/20/2019., Responses due by 9/27/2019, Replies due by 10/2/2019., Oral Argument set for 10/4/2019 at 01:00 PM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 9/20/19) (yv)
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| Filing 5 NOTICE OF APPEARANCE by Robert Harrison Arnay on behalf of Deutsche Bank Aktiengesellschaft, Cayman Islands Branch, Deutsche Mexico Holdings S.a r.l., Suddeutsche Vermogensverwaltung GmbH. (Arnay, Robert) |
| Filing 4 NOTICE OF APPEARANCE by Susannah Sidney Geltman on behalf of Deutsche Bank Aktiengesellschaft, Cayman Islands Branch, Deutsche Mexico Holdings S.a r.l., Suddeutsche Vermogensverwaltung GmbH. (Geltman, Susannah) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Deutsche Bank AG for Deutsche Bank Aktiengesellschaft, Cayman Islands Branch, Deutsche Mexico Holdings S.a r.l., Suddeutsche Vermogensverwaltung GmbH. Document filed by Deutsche Bank Aktiengesellschaft, Cayman Islands Branch, Deutsche Mexico Holdings S.a r.l., Suddeutsche Vermogensverwaltung GmbH.(Youngwood, Jonathan) |
| Magistrate Judge Kevin Nathaniel Fox 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. (dnh) |
| Case Designated ECF. (dnh) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alvin K. Hellerstein. 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. (dnh) |
| Filing 2 CIVIL COVER SHEET filed. (Youngwood, Jonathan) |
| Filing 1 PETITION FOR INJUNCTIVE RELIEF IN AID OF ARBITRATION. (Filing Fee $ 400.00, Receipt Number ANYSDC-17624649).Document filed by Deutsche Mexico Holdings S.a r.l., Deutsche Bank Aktiengesellschaft, Cayman Islands Branch, Suddeutsche Vermogensverwaltung GmbH. (Attachments: #1 Exhibit 1 - Purchase Agreement, #2 Exhibit 2 - First Amendment, #3 Exhibit 3 - Second Amendment, #4 Exhibit 4 - Mexico Injunction with English-language translation)(Youngwood, Jonathan) |
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