Cognac Ferrand S.A.S. v. Mystique Brands LLC
| Chateau Ferrand and Cognac Ferrand S.A.S. |
| Mystique Brands LLC |
| 1:2020cv05933 |
| July 30, 2020 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Other Statutes: Arbitration |
| 09 U.S.C. § 12 |
| None |
Docket Report
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| Filing 19 DECLARATION of Malik Havalic in Opposition re: #17 CROSS MOTION to Confirm Arbitration Award and for Sanctions under Section 1927., #4 MOTION to Vacate Arbitration Award on May 1, 2020.. Document filed by Mystique Brands LLC. (Attachments: #1 Exhibit Ex. A. Mystiques March 2, 2010 Notice of Arbitration, #2 Ex. B. May 28, 2013 email from the ICDR to counsel, #3 Ex. C. June 14, 2013 Notice of Withdrawal of Motion, #4 Ex. D. June 18, 2013 email from Ferrands counsel to the ICDR, #5 Ex. E. November 20, 2013 email from the ICDR to counsel, #6 Ex. F. Ferrand's December 11, 2017 Notice of Arbitration, #7 Ex. G. December 11, 2017 email from the ICDR, #8 Ex. H. Mystique March 28, 2018 rank and strike responses, #9 Ex. I. Arbitrator Salomons resume, #10 Ex. J. February 14, 2020 email from Ferrand counsel, #11 Ex. K.-1. August 31 Mystique Rule 11 Letter, #12 Ex. K-1. August 31 Mystique Rule 11 motion).(Havalic, Malik) |
| Filing 18 MEMORANDUM OF LAW in Opposition re: #17 CROSS MOTION to Confirm Arbitration Award and for Sanctions under Section 1927., #4 MOTION to Vacate Arbitration Award on May 1, 2020. . Document filed by Mystique Brands LLC..(Havalic, Malik) |
| Filing 17 CROSS MOTION to Confirm Arbitration Award and for Sanctions under Section 1927. Document filed by Mystique Brands LLC..(Havalic, Malik) |
| Filing 16 CONSENT LETTER addressed to Judge Paul A. Engelmayer from Roger J Bernstein dated 09/06/2020 re: Correction of Case Caption. Document filed by Chateau Ferrand. (Attachments: #1 Stipulation and [Proposed] Order Re: Caption Correction).(Bernstein, Roger) |
| Filing 15 MEMORANDUM OF LAW in Support re: #4 MOTION to Vacate Arbitration Award on May 1, 2020. - IN SUPPORT OF AMENDED PETITION (MOTION) FILED 9-5-2020. Document filed by Chateau Ferrand..(Bernstein, Roger) |
| Filing 14 AMENDED PETITION amending #1 Petition (Other) against Mystique Brands LLC.Document filed by Chateau Ferrand. Related document: #1 Petition (Other)..(Bernstein, Roger) |
| Filing 13 DECLARATION of Barry Friedberg in Support re: #6 MOTION to Vacate Arbitration Award on May 1, 2020 - Declaration of Barry J. Friedberg, July 31, 2020., #4 MOTION to Vacate Arbitration Award on May 1, 2020.. Document filed by Chateau Ferrand. (Attachments: #1 Exhibit 1 (Final Award, May 1, 2020), #2 Exhibit 2 (Exclusive Importing and Marketing Agreement, March 5, 2008), #3 Exhibit 3 (Mystique Statement of Claim, March 2, 2010), #4 Exhibit 4 (Ferrand Answer & Counterclaims, April 14, 2010), #5 Exhibit 5 (ICDR Rules), #6 Exhibit 6 (Letter from ICDR to parties with arbitrator list and ranking instructions, June 22, 2010), #7 Exhibit 7 (Mystiques letter to Initial Arbitrator for leave to amend, September 28, 2010, #8 Exhibit 8 (Mystiques Amended Statement of Claim, November 29, 2010, #9 Exhibit 9 (Ferrand Answer to Amended Statement of Claim and Amended Counterclaims, December 15, 2010), #10 Exhibit 10 (Interim Award on Cross Requests for Summary Judgment, June 1, 2012), #11 Exhibit 11 (Procedural Order following Interim Award, June 1, 2012), #12 Exhibit 12 (ICDR Notice of Hearing on April 23-24-25, 2013, issued December 21, 2012), #13 Exhibit 13 (U.S. Bankruptcy Ct., S.D.N.Y., Petition for Bankruptcy, January 22, 2013), #14 Exhibit 14 (Bankruptcy Ct. Hearing Transcript, April 4, 2013), #15 Exhibit 15 (ICDR email to counsel for parties, November 20, 2013), #16 Exhibit 16 (U.S. Bankruptcy Court, Order of Final Decree, October 25, 2017), #17 Exhibit 17 (ICDR email to counsel for parties, December 5, 2017), #18 Exhibit 18 (Cognac Ferrand's Amended and Restated Counterclaims, December 11, 2017), #19 Exhibit 19 (Letter from Mystique to ICDR, January 8, 2018), #20 Exhibit 20 (Procedural Order No. 2, October 1, 2018), #21 Exhibit 21 (Cognac Ferrand's Second Amended and Restated Counterclaims, December 6, 2018), #22 Exhibit 22 (Mystique Answering Statement and Counterclaims, January 14, 2019), #23 xhibit 23 (Cognac Ferrand's Reply to Counterclaims, March 22, 2019), #24 Exhibit 24.1 (Mystique Fees & Costs Submission Letter, February 7, 2020), #25 Exhibit 24.2 (Mystique Fees & Costs Submission - Schedules, February 7, 2020), #26 Exhibit 24.3 (Mystique Second Fees & Costs Submission Letter, February 14, 2020), #27 Exhibit 25 (Cognac Ferrand Cost Submission Letter, February 7, 2020)).(Bernstein, Roger) |
| Filing 12 MEMORANDUM OF LAW in Support re: #5 MOTION to Vacate Arbitration - Petitioner's Memorandum of Law in Support of Motion to Vacate Final Arbitral Award., #4 MOTION to Vacate Arbitration Award on May 1, 2020. . Document filed by Chateau Ferrand..(Bernstein, Roger) |
Filing 11
STIPULATION AND ORDER EXTENDING BRIEFING SCHEDULES, IT IS HEREBY STIPULATED AND AGREED by and between the undersigned parties that the briefing schedules for submissions in response to Petitioner Cognac Ferrand S.A.S.s Petition to Vacate Arbitral Award ("Petition") are hereby set as follows: 1. Respondent Mystique Brands, LLC's response to Petitioner's Petition shall be due on September 9, 2020. (Because Respondent agreed to accept delivery of the Petition to its undersigned counsel on July 31, 2020 as valid service, provided an agreement was reached on a briefing schedule, Respondent's response would otherwise have been due on August 14, 2020.) 2. Petitioner's reply in support of its Petition, and its response to any cross-motion to confirm the award that Respondent may file on September 9, 2020 shall be due on October 7, 2020.3. Respondent's reply in support of any cross-motion to confirm the award that it may file on September 9, 2020 shall be due on October 30, 2020. SO ORDERED. Motions terminated: #7 CONSENT LETTER MOTION for Extension of Time to File Response/Reply to Petition to Vacate Arbitral Award addressed to Judge Paul A. Engelmayer from John Fellas dated August 13, 2020. filed by Mystique Brands LLC., ( Responses due by 10/7/2020, Replies due by 10/30/2020.) (Signed by Judge Paul A. Engelmayer on 8/14/20) (yv)
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| Filing 10 NOTICE OF APPEARANCE by Malik Havalic on behalf of Mystique Brands LLC..(Havalic, Malik) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Roger Joel Bernstein to RE-FILE Document #5 MOTION to Vacate Arbitration - Petitioner's Memorandum of Law in Support of Motion to Vacate Final Arbitral Award.. Use the event type Memorandum of Law in Support found under the event list Replies, Opposition and Supporting Documents. (lb) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Roger Joel Bernstein to RE-FILE Document #6 MOTION to Vacate Arbitration Award on May 1, 2020 - Declaration of Barry J. Friedberg, July 31, 2020.. Use the event type Declaration in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (lb) |
| Filing 9 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Mystique Brands LLC..(Fellas, John) |
| Filing 8 NOTICE OF APPEARANCE by John Fellas on behalf of Mystique Brands LLC..(Fellas, John) |
| Filing 7 CONSENT LETTER MOTION for Extension of Time to File Response/Reply to Petition to Vacate Arbitral Award addressed to Judge Paul A. Engelmayer from John Fellas dated August 13, 2020. Document filed by Mystique Brands LLC. (Attachments: #1 Stipulation and Proposed Order).(Fellas, John) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Roger Joel Bernstein. The party information for the following party/parties has been modified: Chateau Ferrand. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. 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..(pc) |
| Magistrate Judge Gabriel W. Gorenstein 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) |
| Case Designated ECF. (pc) |
| Filing 6 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Vacate Arbitration Award on May 1, 2020 - Declaration of Barry J. Friedberg, July 31, 2020. Document filed by Chateau Ferrand. (Attachments: #1 Exhibit 1 (Final Award, May 1, 2020), #2 Exhibit 2 (Exclusive Importing and Marketing Agreement, March 5, 2008), #3 Exhibit 3 (Mystique Statement of Claim, March 2, 2010), #4 Exhibit 4 (Ferrand Answer & Counterclaims, April 14, 2010), #5 Exhibit 5 (ICDR Rules), #6 Exhibit 6 (Letter from ICDR to parties with arbitrator list and ranking instructions, June 22, 2010), #7 Exhibit 7 (Mystiques letter to Initial Arbitrator for leave to amend, September 28, 2010), #8 Exhibit 7 (Mystiques letter to Initial Arbitrator for leave to amend, September 28, 2010), #9 Exhibit 9 (Ferrand Answer to Amended Statement of Claim and Amended Counterclaims, December 15, 2010), #10 Exhibit 10 (Interim Award on Cross Requests for Summary Judgment, June 1, 2012), #11 Exhibit 11 (Procedural Order following Interim Award, June 1, 2012), #12 Exhibit 12 (ICDR Notice of Hearing on April 23-24-25, 2013, issued, December 21, 2012), #13 Exhibit 13 (U.S. Bankruptcy Ct., S.D.N.Y., Petition for Bankruptcy, January 22, 2013), #14 Exhibit 14 (Bankruptcy Ct. Hearing Transcript, April 4, 2013), #15 Exhibit 15 (ICDR email to counsel for parties, November 20, 2013), #16 Exhibit 16 (U.S. Bankruptcy Court, Order of Final Decree, October 25, 2017), #17 Exhibit 17 (ICDR email to counsel for parties, December 5, 2017), #18 Exhibit 18 (Ferrands Amended and Restated Counterclaims, December 11, 2017), #19 Exhibit 19 (Letter from Mystique to ICDR, January 8, 2018), #20 Exhibit 20 (Procedural Order No. 2, October 1, 2018), #21 Exhibit 21 (Ferrands Second Amended and Restated Counterclaims, December 6, 2018), #22 Exhibit 22 (Mystique Answering Statement and Counterclaims, January 14, 2019), #23 Exhibit 23 (Ferrand Reply to Counterclaims, March 22, 2019), #24 Exhibit 24.1 (Mystique Fees & Costs Submission Letter, February 7, 2020), #25 Exhibit 24.2 (Mystique Fees & Costs Submission - Schedules, February 7, 2020), #26 Exhibit 24.3 (Mystique Second Fees & Costs Submission Letter, February 14, 2020), #27 Exhibit 25 (Ferrand Cost Submission Letter, February 7, 2020)).(Bernstein, Roger) Modified on 8/14/2020 (lb). |
| Filing 5 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Vacate Arbitration - Petitioner's Memorandum of Law in Support of Motion to Vacate Final Arbitral Award. Document filed by Chateau Ferrand..(Bernstein, Roger) Modified on 8/14/2020 (lb). |
| Filing 4 MOTION to Vacate Arbitration Award on May 1, 2020. Document filed by Chateau Ferrand..(Bernstein, Roger) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Chateau Bonbonnet SAS for Chateau Ferrand. Document filed by Chateau Ferrand..(Bernstein, Roger) |
| Filing 2 CIVIL COVER SHEET filed..(Bernstein, Roger) |
| Filing 1 PETITION TO VACATE ARBITRAL AWARD. (Filing Fee $ 400.00, Receipt Number ANYSDC-20925719).Document filed by Chateau Ferrand..(Bernstein, Roger) |
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