CCA Civil Panama S.A. v. Green S.A.
| CCA Civil Panama S.A. |
| Green S.A. |
| 1:2020cv01450 |
| February 19, 2020 |
| US District Court for the Southern District of New York |
| Vernon S Broderick |
| Other Statutes: Arbitration |
| 09 U.S.C. § 201 |
| None |
Docket Report
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| Filing 24 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/27/2020 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 23 TRANSCRIPT of Proceedings re: CONFERENCE held on 2/27/2020 before Judge Vernon S. Broderick. Court Reporter/Transcriber: Steven Greenblum, (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 5/1/2020. Redacted Transcript Deadline set for 5/11/2020. Release of Transcript Restriction set for 7/9/2020..(McGuirk, Kelly) |
| Filing 22 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a MOTION proceeding held on 2/21/2020 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 21 TRANSCRIPT of Proceedings re: MOTION held on 2/21/2020 before Judge Vernon S. Broderick. Court Reporter/Transcriber: Andrew Walker, (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 3/24/2020. Redacted Transcript Deadline set for 4/3/2020. Release of Transcript Restriction set for 6/1/2020..(McGuirk, Kelly) |
| Filing 20 CLERK'S JUDGMENT re: #19 Order. in favor of Green S.A. against CCA Civil Panama S.A. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated February 28, 2020, that the Petitioner's petition for a temporary restraining order, injunctive relief in aid of arbitration, and order compelling arbitration, (Doc.1), is denied. (Signed by Clerk of Court Ruby Krajick on 02/28/2020) (Attachments: #1 Notice of Right to Appeal) (dt) |
Filing 19
ORDER re: #1 Petition (Other) filed by CCA Civil Panama S.A. It is hereby: ORDERED that Petitioner's petition for a temporary restraining order, injunctive relief in aid of arbitration, and order compelling arbitration, (Doc. 1), is DENIED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 2/28/2020) (ks) Transmission to Orders and Judgments Clerk for processing.
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| Minute Entry for proceedings held before Judge Vernon S. Broderick: Case Management Conference held on 2/27/2020. (Court Reporter Steven Greenblum) (msa) |
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Filing 18
ORDER granting #14 Motion for Courtney G. Saleski to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (msa)
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| Filing 17 DECLARATION of Juan Felipe Kotochinsky in Support re: #1 Petition (Other). Document filed by CCA Civil Panama S.A...(Masella, Jessica) |
| Filing 16 DECLARATION of Gang Shao in Support re: #1 Petition (Other). Document filed by CCA Civil Panama S.A...(Masella, Jessica) |
| Filing 15 REPLY MEMORANDUM OF LAW in Support re: #1 Petition (Other) For A Temporary Restraining Order, Injunctive Relief In Aid Of Arbitration, and Order Compelling Arbitration. Document filed by CCA Civil Panama S.A...(Masella, Jessica) |
| Set/Reset Hearings: The Case Management Conference set for 2/27/2020 will begin at 5:00 PM in Courtroom 518, 40 Centre Street, New York, NY 10007 before Judge Vernon S. Broderick. (msa) |
| Filing 14 MOTION for Courtney G. Saleski to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18912959. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by CCA Civil Panama S.A.. (Attachments: #1 Exhibits A - C - CERTIFICATES OF GOOD STANDING, #2 Exhibit D - AFFIDAVIT IN SUPPORT, #3 Exhibit E - Text of Proposed Order).(Saleski, Courtney) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #14 MOTION for Courtney G. Saleski to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18912959. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 13 RESPONSE to #1 Petition (Other). Document filed by Green S.A.. (Attachments: #1 Affidavit Declaration of Carlos Eduardo Arroyo, #2 Exhibit Exhibit A to the Arroyo Declaration, #3 Affidavit Declaration of Carlos Amprino, #4 Affidavit Declaration of Luis Bernando Butterfield, Esq.).(Friedman, William) |
| Filing 12 RESPONSE to #1 Petition (Other). Document filed by Green S.A...(Friedman, William) |
| Filing 11 NOTICE OF APPEARANCE by William A. Friedman on behalf of Green S.A...(Friedman, William) |
| Minute Entry for proceedings held before Judge Vernon S. Broderick: Show Cause Hearing held on 2/21/2020. (Court Reporter Andrew Walker) (msa) |
| Set/Reset Deadlines: Responses due by 2/25/2020 Replies due by 2/26/2020 before 2 p.m. (msa) |
| Set/Reset Hearings: Case Management Conference set for 2/27/2020 at 04:00 PM in Courtroom 518, 40 Centre Street, New York, NY 10007 before Judge Vernon S. Broderick. (msa) |
| Filing 10 NOTICE OF APPEARANCE by Jessica Ann Masella on behalf of CCA Civil Panama S.A...(Masella, Jessica) |
| Filing 9 CERTIFICATE OF SERVICE of CCA Civil Panama S.A.s Petition for a Temporary Restraining Order, Injunctive Relief in Aid of Arbitration, and Order Compelling Arbitration; Memorandum of Law in Support; Civil Cover Sheet; Declaration of Jessica A. Masella, Esq.; Declaration of Guillermo Cabanellas, Esq. and accompanying Exhibits; Declaration of Dawei Wang and accompanying Exhibits; Corporate disclosure form; and Show Cause Order dated February 19, 2020 served on Green S.A. on February 20, 2020. Service was made by e-mail, overnight mail, and hand delivery. Document filed by CCA Civil Panama S.A...(Masella, Jessica) |
| Filing 8 DECLARATION of Guillermo Cabanellas, Esq. in Support re: #1 Petition (Other). Document filed by CCA Civil Panama S.A.. (Attachments: #1 Exhibit 18, #2 Exhibit 19).(Masella, Jessica) |
| Filing 7 DECLARATION of Dawei Wang in Support re: #1 Petition (Other). Document filed by CCA Civil Panama S.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 (part 1 of 2), #4 Exhibit 3 (part 2 of 2), #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17).(Masella, Jessica) |
| Filing 6 DECLARATION of Jessica A. Masella, Esq. in Support re: #1 Petition (Other). Document filed by CCA Civil Panama S.A...(Masella, Jessica) |
| Filing 5 MEMORANDUM OF LAW in Support re: #1 Petition (Other) For A Temporary Restraining Order, Injunctive Relief In Aid Of Arbitration, and Order Compelling Arbitration. Document filed by CCA Civil Panama S.A...(Masella, Jessica) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent China State Construction Engineering Corporation Ltd., Corporate Parent CCA Panama Corp., Corporate Parent CCA South America, Inc., Corporate Parent CSCEC Holding Company, Inc. doing business as China Construction America, Corporate Parent China State Construction Engineering Group, Co. Ltd. for CCA Civil Panama S.A.. Document filed by CCA Civil Panama S.A...(Masella, Jessica) |
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Filing 3
ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER: It is hereby ORDERED that Green show cause before this Court, at Room 518, United States Courthouse, 500 Pearl Street/ 40 Foley Square in New York, New York, on 2/21/2020, at 10 o'clock a.m. why an order should not be issued pursuant to 9 U.S.C. 1, et seq., 9 U.S.C. 201, et seq., and Federal Rule of Civil Procedure 65, preliminarily enjoining Respondent and its employees, agents, officers, or assignees, and anyone acting in concert or cooperation with it or on its behalf, until further order of this Court or the International Court of Arbitration of the International Chamber of Commerce, and specifically: Directing Green to (i) request immediate vacatur of the Argentinian injunctions and/or any other related injunction granted by any Argentinian court purporting to enjoin CCA Civil Panama from taking any steps to raise SPV's capital stock, and (ii) refrain from enforcing the Argentinian injunctions while they remain in effect and further set forth in this Order. It is further ORDERED that opposing papers, if any, shall be served by Green via ECF on or before 2/20/2020. It is further ORDERED that a reply brief, if any, shall be served by CCA Civil Panama via ECF on or before 2/21/2020 at 9 o'clock a.m. No security at this time. (Show Cause Hearing set for 2/21/2020 at 10:00 AM in Courtroom 518, 40 Centre Street, New York, NY 10007 before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 2/19/2020) (rro)
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| Filing 2 CIVIL COVER SHEET filed..(pc) (pne). |
| Filing 1 PETITION FOR A TEMPORARY RESTRAINING ORDER, INJUNCTIVE RELIEF IN AID OF ARBITRATION, AND ORDER COMPELLING ARBITRATION. (Filing Fee $ 400.00, Receipt Number 465401254881).Document filed by CCA Civil Panama S.A...(pc) (pne). |
| Case Designated ECF. (pc) |
| Magistrate Judge Sarah L. Cave 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc) |
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| Respondent: Green S.A. | |
| Represented By: | William A. Friedman |
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| Petitioner: CCA Civil Panama S.A. | |
| Represented By: | Kevin Walsh |
| Represented By: | Courtney Gilligan Saleski |
| Represented By: | Jessica Ann Masella |
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