The Bank of New York Mellon v. Samarco Mineracao S.A.
| The Bank of New York Mellon |
| Samarco Minerao S.A. and Samarco Mineracao S.A. |
| 1:2020cv08206 |
| October 2, 2020 |
| US District Court for the Southern District of New York |
| John P Cronan |
| Negotiable Instrument |
| 28 U.S.C. § 1332 ni |
| None |
Docket Report
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| Filing 25 DECLARATION of Carmine D. Boccuzzi in Support re: #21 MOTION to Dismiss or, in the Alternative, Stay.. Document filed by Samarco Mineracao S.A.. (Attachments: #1 Exhibit A - Samarco Biennial Report, #2 Exhibit B - Samarco 2019 Financial Statements, #3 Exhibit C - TTAC, #4 Exhibit D - Renova Foundation Website, #5 Exhibit E - Renova Foundation Repair Path Results, #6 Exhibit F - Machado Meyer Publication, #7 Exhibit G - Samarco Alegria Sul, #8 Exhibit H - Reuters Article).(Boccuzzi, Carmine) |
| Filing 24 DECLARATION of Pedro Igor De Lima Soares in Support re: #21 MOTION to Dismiss or, in the Alternative, Stay.. Document filed by Samarco Mineracao S.A.. (Attachments: #1 Appendix A - Communication with Law Debenture).(Boccuzzi, Carmine) |
| Filing 23 DECLARATION of Eliane Cristina Carvalho in Support re: #21 MOTION to Dismiss or, in the Alternative, Stay.. Document filed by Samarco Mineracao S.A.. (Attachments: #1 Appendix A - Entities Listed in 2016 TTAC).(Boccuzzi, Carmine) |
| Filing 22 MEMORANDUM OF LAW in Support re: #21 MOTION to Dismiss or, in the Alternative, Stay. . Document filed by Samarco Mineracao S.A...(Boccuzzi, Carmine) |
| Filing 21 MOTION to Dismiss or, in the Alternative, Stay. Document filed by Samarco Mineracao S.A...(Boccuzzi, Carmine) |
Filing 20
ORDER: The Court is in receipt of Defendant's letter-motion requesting a pre-motion conference in advance of its forthcoming Motion to Dismiss or Stay (Dkt. 16), Plaintiff's response to Defendant's pre-motion letter, in which it also seeks leave to file a Motion for Pre-judgment Attachment and Expedited Discovery (Dkt. 17), and Defendant's further response to Plaintiff's request (Dkt. 19). On October 30, 2020, the Court issued an Order finding that a pre-motion conference regarding Defendant's Motion to Dismiss or Stay was unnecessary, and setting a briefing schedule for that motion. (Dkt. 18.) Having now received Defendant's response to Plaintiff's proposed Motion for Pre-judgment Attachment and Expedited Discovery, the Court similarly concludes that a pre-motion conference regarding that motion is unnecessary. Plaintiff shall file its motion by December 8, 2020. Defendant shall file its opposition papers by December 22, 2020. Plaintiff's reply, if any, is due January 4, 2021. In accordance with the Court's Individual Rules and Practices for Civil Cases, requests for extensions or adjournment may be made only by letter-motion filed on ECF and must be received at least 48 hours (i.e., two business days) before the deadline or scheduled appearance, absent compelling circumstances. The written submission must state (1) the original date(s) set for the appearance or deadline(s) and the new date(s) requested; (2) the reason(s) for the request; (3) the number of previous requests for adjournment or extension; (4) whether these previous requests were granted or denied; and (5) whether opposing counsel consents, and, if not, the reasons given by opposing counsel for refusing to consent. (Motions due by 12/8/2020. Responses due by 12/22/2020 Replies due by 1/4/2021.) (Signed by Judge John P. Cronan on 11/4/2020) (rro)
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| Filing 19 LETTER addressed to Judge John P. Cronan from Carmine D. Boccuzzi dated November 2, 2020 re: Plaintiff's October 28, 2020 letter concerning contemplated motion for pre-judgment attachment and expedited discovery #17 . Document filed by Samarco Mineracao S.A...(Boccuzzi, Carmine) |
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Filing 18
ORDER. Upon reviewing the parties' letters, the Court finds that a pre-motion conference is not necessary, and that Defendant may proceed in filing the Motion to Dismiss or Stay. Defendants motion papers are due by November 13, 2020. Plaintiff's opposition papers are due by December 1, 2020. Defendant's reply papers, if any, are due December 8, 2020. In accordance with the Court's Individual Rules and Practices for Civil Cases, requests for extensions or adjournment may be made only by letter-motion filed on ECF and must be received at least 48 hours (i.e., two business days) before the deadline or scheduled appearance, absent compelling circumstances. The written submission must state (1) the original date(s) set for the appearance or deadline(s) and the new date(s) requested; (2) the reason(s) for the request; (3) the number of previous requests for adjournment or extension; (4) whether these previous requests were granted or denied; and (5) whether opposing counsel consents, and, if not, the reasons given by opposing counsel for refusing to consent. The Clerk of the Court is respectfully directed to terminate the motions pending at 20-cv-8026, document number 16; 20-cv-8209, document number 17; and 20-cv-8211, document number 16. SO ORDERED. Terminating #16 LETTER MOTION for Conference/Letter Motion for pre-motion conference on anticipated motion to dismiss, or in the alternative, stay addressed to Judge John P. Cronan from Carmine D. Boccuzzi dated October 23, 2020. Document filed by Samar co Mineracao S.A. (Signed by Judge John P. Cronan on 10/30/2020) (rjm)
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| Set/Reset Deadlines: Motions due by 11/13/2020. Responses due by 12/1/2020. Replies due by 12/8/2020. (rjm) |
| Filing 17 LETTER RESPONSE to Motion addressed to Judge John P. Cronan from Antonio Perez-Marques dated October 28, 2020 re: #16 LETTER MOTION for Conference /Letter Motion for pre-motion conference on anticipated motion to dismiss, or in the alternative, stay addressed to Judge John P. Cronan from Carmine D. Boccuzzi dated October 23, 2020. . Document filed by The Bank of New York Mellon..(Perez-Marques, Antonio) |
| Filing 16 LETTER MOTION for Conference /Letter Motion for pre-motion conference on anticipated motion to dismiss, or in the alternative, stay addressed to Judge John P. Cronan from Carmine D. Boccuzzi dated October 23, 2020. Document filed by Samarco Mineracao S.A...(Boccuzzi, Carmine) |
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Filing 15
ORDER granting #8 Letter Motion for Extension of Time to Answer. SO ORDERED. Samarco Mineracao S.A. answer due 10/23/2020. (Signed by Judge John P. Cronan on 10/07/2020) (ama)
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| Filing 14 LETTER REPLY to Response to Motion addressed to Judge John P. Cronan from Carmine D. Boccuzzi, Jr. dated October 8, 2020 re: #8 LETTER MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Pleadings addressed to Judge John P. Cronan from Carmine D. Boccuzzi, Jr. dated October 7, 2020. . Document filed by Samarco Mineracao S.A...(Boccuzzi, Carmine) |
| Filing 13 LETTER RESPONSE to Motion addressed to Judge John P. Cronan from Antonio Perez-Marques dated October 8, 2020 re: #8 LETTER MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Pleadings addressed to Judge John P. Cronan from Carmine D. Boccuzzi, Jr. dated October 7, 2020. . Document filed by The Bank of New York Mellon..(Perez-Marques, Antonio) |
| Filing 12 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent The Bank of New York Mellon Corporation for The Bank of New York Mellon. Document filed by The Bank of New York Mellon..(Perez-Marques, Antonio) |
| Filing 11 NOTICE OF APPEARANCE by Matthew Cormack on behalf of The Bank of New York Mellon..(Cormack, Matthew) |
| Filing 10 NOTICE OF APPEARANCE by Timothy E. Graulich on behalf of The Bank of New York Mellon..(Graulich, Timothy) |
| Filing 9 NOTICE OF APPEARANCE by Antonio Jorge Perez-Marques on behalf of The Bank of New York Mellon..(Perez-Marques, Antonio) |
| Filing 8 LETTER MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Pleadings addressed to Judge John P. Cronan from Carmine D. Boccuzzi, Jr. dated October 7, 2020. Document filed by Samarco Mineracao S.A...(Boccuzzi, Carmine) |
| Filing 7 NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: 654214/2020..Document filed by Samarco Mineracao S.A.. (Attachments: #1 Exhibit A Part 1 (Summons), #2 Exhibit A Part 2 (Notice of Motion for Summary Judgment in Lieu of Complaint, #3 Exhibit A Part 3 (Memorandum of Law), #4 Exhibit A Part 4 (Affidavit), #5 Exhibit A Part 5 (RJI), #6 Exhibit A Part 6 (RJI Addendum), #7 Exhibit A Part 7 (Affirmation of Service)).(Boccuzzi, Carmine) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Carmine D. Boccuzzi, Jr. The party information for the following party/parties has been modified: Samarco Minerao S.A.. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Carmine D. Boccuzzi, Jr to RE-FILE Document No. #1 Notice of Removal. The filing is deficient for the following reason(s): pursuant to Rule 13.3, exhibits must each be separated and labeled (i.e. Summons and Complaint). Re-file the pleading using the event type Notice of Removal found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo) |
| Magistrate Judge Ona T. Wang 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. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John Peter Cronan. 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..(jgo) |
| Case Designated ECF. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Carmine D. Boccuzzi, Jr. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (jgo) |
| Filing 6 NOTICE OF APPEARANCE by Ye Eun E Chun on behalf of Samarco Minerao S.A...(Chun, Ye Eun) |
| Filing 5 NOTICE OF APPEARANCE by Esther Elizabeth Carlson on behalf of Samarco Minerao S.A...(Carlson, Esther) |
| Filing 4 NOTICE OF APPEARANCE by Elizabeth Vicens on behalf of Samarco Minerao S.A...(Vicens, Elizabeth) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Vale S.A., Corporate Parent BHP Billiton Brasil Ltda., Other Affiliate BHP Group Limited, Other Affiliate BHP Group Plc for Samarco Minerao S.A.. Document filed by Samarco Minerao S.A...(Boccuzzi, Carmine) |
| Filing 2 CIVIL COVER SHEET filed..(Boccuzzi, Carmine) |
| Filing 1 FILING ERROR - EXHIBIT ERROR - NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: 654214/2020. (Filing Fee $ 400.00, Receipt Number ANYSDC-21955414).Document filed by Samarco Minerao S.A.. (Attachments: #1 Exhibit A - Motion for Summary Judgment and Summons).(Boccuzzi, Carmine) Modified on 10/5/2020 (jgo). |
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