Super Perfect Investments LTD v. Agroinvestbank Open Joint Stock Company
Petitioner: Super Perfect Investments LTD
Respondent: Agroinvestbank Open Joint Stock Company
Case Number: 1:2020cv05552
Filed: July 17, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Jesse M Furman
Nature of Suit: Other Statutes: Arbitration
Cause of Action: 09 U.S.C. § 207
Jury Demanded By: None
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Docket Report

This docket was last retrieved on August 25, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 25, 2020 Filing 15 CLERK'S JUDGMENT re: #14 Memorandum & Opinion. in favor of Super Perfect Investments LTD against Agroinvestbank Open Joint Stock Company in the amount of $ 24,606,911.69. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Opinion and Order dated August 25, 2020, that the Petitioner's unopposed Petition is hereby GRANTED, and the Award is hereby confirmed, recognized, and will be enforced under Section 9 of the Federal Arbitration Act and Article IV of the Convention on Recognition and Enforcement of Foreign Arbitral Awards. It is further ORDERED that, pursuant to the Award, Respondent shall pay Petitioner: (1) $11,000,000.00 representing damages (the "Damages") pursuant to the Award; (2) $12,867,288.12 representing interest on the Damages pursuant to Award, comprising: (a) $11,880,000, representing interest on the Damages at 18% per annum between February 25, 2014 and February 25, 2020; and (b) $987,288.12 representing interest on the Damages at 18% per annum between February 25, 2020 and August 24, 2020; (3) $193,394.00 representing costs for the arbitral proceedings in Switzerland; and (4) $546,274.57 representing legal costs and other expenses incurred in relation to the arbitral proceedings in Switzerland. The Court declines at this time to award Petitioner fees and costs for this proceeding, as Petitioner fails to identify the basis for such an award and fails to submit any documentation in support of such an award. If Petitioner wishes to pursue the matter, it may renew the request for fees and costs citing appropriate authority for such an award, submitting contemporaneous billing records in support of such an award, and justifying counsels hourly rates no later than September 1, 2020. Finally, it is further ORDERED that this Court shall retain jurisdiction over this action for any further proceedings as necessary to enforce the Award; accordingly, this case is closed. (Signed by Clerk of Court Ruby Krajick on 08/25/2020) (Attachments: #1 Notice of Right to Appeal) (dt)
August 25, 2020 Opinion or Order Filing 14 MEMORANDUM OPINION AND ORDER. It is hereby ORDERED that the Petitioner's unopposed Petition is hereby GRANTED, and the Award is hereby confirmed, recognized, and will be enforced under Section 9 of the Federal Arbitration Act and Article IV of the Convention on Recognition and Enforcement of Foreign Arbitral Awards. It is further ORDERED that, pursuant to the Award, Respondent shall pay Petitioner: (1) $11,000,000.00 representing damages (the "Damages") pursuant to the Award; (2) $12,867,288.12 representing interest on the Damages pursuant to Award, comprising: (a) $11,880,000, representing interest on the Damages at 18% per annum between February 25, 2014 and February 25, 2020; and (b) $987,288.12 representing interest on the Damages at 18% per annum between February 25, 2020 and August 24, 2020; (3) $193,394.00 representing costs for the arbitral proceedings in Switzerland; and (4) $546,274.57 representing legal costs and other expenses incurred in relation to the arbitral proceedings in Switzerland. The Court declines at this time to award Petitioner fees and costs for this proceeding, as Petitioner fails to identify the basis for such an award and fails to submit any documentation in support of such an award. If Petitioner wishes to pursue the matter, it may renew the request for fees and costs citing appropriate authority for such an award, submitting contemporaneous billing records in support of such an award, and justifying counsel's hourly rates no later than September 1, 2020. Finally, it is further ORDERED that this Court shall retain jurisdiction over this action for any further proceedings as necessary to enforce the Award. The Clerk of Court is directed to close this case. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/25/20) (yv) Transmission to Orders and Judgments Clerk for processing.
August 10, 2020 Filing 13 AFFIDAVIT OF SERVICE of Petition and Related Documents served on Agroinvestbank OJSC on August 10, 2020. Service was accepted by Ms. Jalilova Lutfiya. Document filed by Super Perfect Investments LTD. (Attachments: #1 Signed letter confirming receipt).(Plochocki, Tara)
July 31, 2020 Filing 12 AFFIDAVIT OF SERVICE of Petition and Related Documents served on Agroinvestbank OJSC on July 30, 2020. Document filed by Super Perfect Investments LTD. (Attachments: #1 Exhibit 1 - Service Emails, #2 Exhibit 2 - Petition & Translation, #3 Exhibit 3 - Notice of Petition & Translation, #4 Exhibit 4 - Rule 7.1 Disclosure & Translation, #5 Exhibit 5 - Part 1 of 2 - Schonberger Declaration, Translation, & Exhibits, #6 Exhibit 5 - Part 2 of 2 - Schonberger Declaration, Translation, & Exhibits, #7 Exhibit 6 - Memorandum of Law & Translation, #8 Exhibit 7 - July 20, 2020 Order, #9 Exhibit 8 - Summons & Translation, #10 Exhibit 9 - July 24, 2020 Memo Endorsement).(Plochocki, Tara)
July 24, 2020 Opinion or Order Filing 11 MEMO ENDORSEMENT on re: #10 Letter service of documents filed by Super Perfect Investments LTD. ENDORSEMENT: Application GRANTED, in part. Petitioner must electronically serve the Petition and all supporting papers, including this Order and the Court's July 20, 2020 Order, ECF No. 7, by August 3, 2020. Petitioner shall also effectuate service by hand and file proof of such service by August 17, 2020. All previous deadlines remain in effect. SO ORDERED., ( Service due by 8/3/2020.) (Signed by Judge Jesse M. Furman on 7/24/20) (yv)
July 24, 2020 Filing 10 LETTER addressed to Judge Jesse M. Furman from Tara J. Plochocki dated July 24, 2020 re: service of documents. Document filed by Super Perfect Investments LTD..(Plochocki, Tara)
July 22, 2020 Filing 9 ELECTRONIC SUMMONS ISSUED as to Agroinvestbank Open Joint Stock Company..(dnh)
July 21, 2020 Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Agroinvestbank Open Joint Stock Company, re: #1 Petition (Other),. Document filed by Super Perfect Investments LTD..(Plochocki, Tara)
July 20, 2020 Opinion or Order Filing 7 ORDER: It is hereby ORDERED that Petitioner shall file and serve any additional materials with which they intend to support their petition to confirm by August 3, 2020. Respondent's opposition, if any, is due on August 17, 2020. Petitioner's reply, if any, is due August 24, 2020. Petitioner shall serve the petition and all supporting papers, as well as this Order, upon Respondent electronically and by overnight mail no later August 3, 2020, and shall file an affidavit of such service with the court no later than August 4, 2020. SO ORDERED. (Responses due by 8/17/2020. Replies due by 8/24/2020). (Signed by Judge Jesse M. Furman on 7/20/2020) (rjm)
July 20, 2020 ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Tara Jordan Plochocki. The following case opening statistical information was erroneously selected/entered: Dollar Demand $9,999,000; County code New York. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to none; no dollar demand entered on civil cover sheet; the County code has been modified to XX Out of U.S. (pne)
July 20, 2020 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pne)
July 20, 2020 Case Designated ECF. (pne)
July 20, 2020 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pne)
July 17, 2020 Filing 6 MEMORANDUM OF LAW in Support re: #1 Petition (Other), . Document filed by Super Perfect Investments LTD..(Plochocki, Tara)
July 17, 2020 Filing 5 DECLARATION of Alois Schonberger in Support re: #1 Petition (Other),. Document filed by Super Perfect Investments LTD. (Attachments: #1 Exhibit 1 - Certified Award, #2 Exhibit 2 - Agroinvestbank Website, #3 Exhibit 3 - Contract with Levakan-M LLC, #4 Exhibit 4 - Original Guarantee, #5 Exhibit 5 - Revised Guarantee, #6 Exhibit 6 - March 29, 2013 Email, #7 Exhibit 7 - April 1, 2013 Email, #8 Exhibit 8 - Tatiana Grudzinska Witness Statement, #9 Exhibit 9 - Alois Schonberger Witness Statement, #10 Exhibit 10 - SWIFT Guarantee, #11 Exhibit 11 - Statement of Claim, #12 Exhibit 12 - October 14, 2019 Letter, #13 Exhibit 13 - Request for Arbitration, #14 Exhibit 14 - November 15, 2019 Letter, #15 Exhibit 15 - December 3, 2019 Letter).(Plochocki, Tara)
July 17, 2020 Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Cottonex Anstalt for Super Perfect Investments LTD. Document filed by Super Perfect Investments LTD..(Plochocki, Tara)
July 17, 2020 Filing 3 NOTICE of Petition for Recognition and Enforcement of a Foreign Arbitration Award re: #1 Petition (Other),. Document filed by Super Perfect Investments LTD..(Plochocki, Tara)
July 17, 2020 Filing 2 CIVIL COVER SHEET filed..(Plochocki, Tara)
July 17, 2020 Filing 1 PETITION PETITION TO RECOGNIZE AND ENFORCE ARBITRATION AWARD. (Filing Fee $ 400.00, Receipt Number ANYSDC-20742413).Document filed by Super Perfect Investments LTD. (Attachments: #1 Text of Proposed Order Proposed Order and Judgment).(Plochocki, Tara)

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Petitioner: Super Perfect Investments LTD
Represented By: Tara Jordan Plochocki
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Respondent: Agroinvestbank Open Joint Stock Company
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