RSS Judgment Enforcement LLC v. Symbion Power Tanzania Limited et al
| RSS Judgment Enforcement LLC |
| R.W. Chelsea Holdings Ltd., Symbion Power Services U.S., Inc., Symbion Power Africa, LLC, Symbion Power Holdings, LLC, Richard Westbury, Symbion Energy Holdings Ltd., Paul Hinks, Symbion Power Tanzania Limited, Symbion Power, LLC and Richard Bethell |
| 1:2021cv04331 |
| May 13, 2021 |
| US District Court for the Southern District of New York |
| Lewis A Kaplan |
| Other Statutes: Arbitration |
| 09 U.S.C. § 207 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 26, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 99 REPLY MEMORANDUM OF LAW in Support re: #45 MOTION to Dismiss Plaintiff's Complaint. . Document filed by Symbion Power Africa, LLC, Symbion Power Holdings, LLC, Symbion Power Services U.S., Inc., Symbion Power, LLC. (Attachments: #1 Exhibit 1 - City of Long Beach Complaint).(Heep, Jeremy) |
Filing 98
ORDER granting #67 Motion for Jeremy Heep to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lewis A. Kaplan)(Text Only Order) (Kaplan, Lewis)
|
|
Filing 97
ORDER granting #66 Motion for Allan Martin Ryan to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lewis A. Kaplan)(Text Only Order) (Kaplan, Lewis)
|
| Filing 96 MEMORANDUM OF LAW in Opposition re: #45 MOTION to Dismiss Plaintiff's Complaint. . Document filed by RSS Judgment Enforcement LLC..(Gagas, William) |
| Filing 95 LETTER addressed to Judge Lewis A. Kaplan from Peter Antonelli dated 06/29/2021 re: Motion for Attachment [ECF No. 43] and Motion for Expedited Discovery [ECF No. 44]. Document filed by RSS Judgment Enforcement LLC. (Attachments: #1 Exhibit "A" - Declaration of Hinks filed in Pike Electric Matter).(Gagas, William) |
| Filing 94 MEMORANDUM OF LAW in Support re: #91 MOTION to Dismiss . - Corrected. Document filed by Paul Hinks, Symbion Energy Holdings Ltd., Symbion Power Tanzania Limited..(Heep, Jeremy) |
| Filing 93 AFFIDAVIT of Paul Hinks in Support re: #91 MOTION to Dismiss .. Document filed by Paul Hinks, Symbion Energy Holdings Ltd., Symbion Power Tanzania Limited. (Attachments: #1 Exhibit A - Passport, #2 Exhibit B - Visa, #3 Exhibit C - Application to Extend, #4 Complaint).(Heep, Jeremy) |
| Filing 92 MEMORANDUM OF LAW in Support re: #91 MOTION to Dismiss . . Document filed by Paul Hinks, Symbion Energy Holdings Ltd., Symbion Power Tanzania Limited..(Heep, Jeremy) |
| Filing 91 MOTION to Dismiss . Document filed by Paul Hinks, Symbion Energy Holdings Ltd., Symbion Power Tanzania Limited..(Heep, Jeremy) |
| Filing 90 LETTER addressed to Judge Lewis A. Kaplan from Jeremy Heep dated June 28, 2021 re: Symbion Power Tanzania Ltd Response to Plaintiff's letter dated June 28, 2021 [Dkt. No. 88].. Document filed by Symbion Power Tanzania Limited..(Heep, Jeremy) |
| Filing 89 NOTICE OF APPEARANCE by Daniel Harrison Oliner on behalf of RSS Judgment Enforcement LLC..(Oliner, Daniel) |
| Filing 88 LETTER addressed to Judge Lewis A. Kaplan from Peter Antonelli dated 6/28/2021 re: Proposed Order of Attachment [ECF No. 85]. Document filed by RSS Judgment Enforcement LLC..(Gagas, William) |
| Filing 87 NOTICE of Submission of Proposed Order of Attachment re: #85 Proposed Order, #86 Affidavit in Support. Document filed by RSS Judgment Enforcement LLC..(Gagas, William) |
| Filing 86 AFFIDAVIT of Christopher Marks, Esq. in Support re: #85 Proposed Order,. Document filed by RSS Judgment Enforcement LLC. (Attachments: #1 Exhibit "A" - Plaintiff's Award Interest Calculation).(Gagas, William) |
| Filing 85 PROPOSED ORDER. Document filed by RSS Judgment Enforcement LLC. (Attachments: #1 Exhibit "A" - Defendants' Comments on Plaintiff's Proposed Order of Attachment) Related Document Number: #43 ..(Gagas, William) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 84 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER. Document filed by RSS Judgment Enforcement LLC. (Attachments: #1 Exhibit "1" - Affidavit of Christopher Marks regarding Interest Calculation, #2 Exhibit "2" - Defendants' Comments on Plaintiff's Proposed Order) Related Document Number: #43 ..(Gagas, William) Proposed Order to be reviewed by Clerk's Office staff. Modified on 6/28/2021 (dt). |
| Filing 83 NOTICE of Submission of Proposed Letters Rogatory re: #82 Proposed Order,. Document filed by RSS Judgment Enforcement LLC..(Gagas, William) |
| Filing 82 PROPOSED ORDER. Document filed by RSS Judgment Enforcement LLC. (Attachments: #1 Exhibit "A" - Plaintiff's Redlined Changes to Proposed Letters Rogatory, #2 Exhibit "B" - Defendants' Redlined Changes to Proposed Letters Rogatory) Related Document Number: #44 ..(Gagas, William) Proposed Order to be reviewed by Clerk's Office staff. |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #82 Proposed Order, was reviewed and approved as to form. (dt) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #85 Proposed Order, was reviewed and approved as to form. (dt) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Gagas, William to RE-FILE Document #84 Proposed Order. ERROR(S): Documents have to be filed separately. (dt) |
| Minute Entry for proceedings held before Judge Lewis A. Kaplan: Show Cause Hearing held on 6/25/2021. Argument held by Teams video-conference. Dial-in phone number was available to the public and press by way of ECF. Decision reserved. Proposed order of attachment due from counsel by Monday. (Court Reporter Steven Greenblum) (Mohan, Andrew) |
| Filing 81 NOTICE OF APPEARANCE by Robert Zachary Torres-Fowler on behalf of Paul Hinks, Symbion Energy Holdings Ltd., Symbion Power Africa, LLC, Symbion Power Holdings, LLC, Symbion Power Services U.S., Inc., Symbion Power Tanzania Limited, Symbion Power, LLC..(Torres-Fowler, Robert) |
| Filing 80 AFFIDAVIT OF SERVICE of Conformed Order to Show Cause for Expedited Discovery served on Symbion Energy Holdings, Ltd. on 6/21/2021. Document filed by RSS Judgment Enforcement LLC. (Attachments: #1 Exhibit "A" - Affidavits of Non-Service at Business Address, #2 Exhibit "B" - Affidavit of Hand Delivery at Business Address, #3 Exhibit "C" - Returns of Service at Residential Address, #4 Exhibit "D" - Affidavit of Hand Delivery at Residential Address, #5 Exhibit "E" - Emails with Foreign Process Server, #6 Exhibit "F" - Email to Defendants' Counsel, #7 Exhibit "G" - Emails with Defendants' UK Counsel).(Gagas, William) |
| Filing 79 AFFIDAVIT OF SERVICE of Conformed Order to Show Cause for Expedited Discovery served on R.W. Chelsea Holdings Ltd. on 6/21/2021. Document filed by RSS Judgment Enforcement LLC. (Attachments: #1 Exhibit "A" - Affidavits of Non-Service at Business Address, #2 Exhibit "B" - Affidavit of Hand Delivery at Business Address, #3 Exhibit "C" - Returns of Service at Residential Address, #4 Exhibit "D" - Affidavit of Hand Delivery at Residential Address, #5 Exhibit "E" - Emails with Foreign Process Server, #6 Exhibit "F" - Email to Defendants' Counsel, #7 Exhibit "G" - Emails with Defendants' UK Counsel).(Gagas, William) |
| Filing 78 AFFIDAVIT OF SERVICE of Conformed Order to Show Cause for Expedited Discovery served on Richard Westbury a/k/a Richard Bethell on 6/21/2021. Document filed by RSS Judgment Enforcement LLC. (Attachments: #1 Exhibit "A" - Affidavits of Non-Service at Business Address, #2 Exhibit "B" - Affidavit of Hand Delivery at Business Address, #3 Exhibit "C" - Returns of Service at Residential Address, #4 Exhibit "D" - Affidavit of Hand Delivery at Residential Address, #5 Exhibit "E" - Emails with Foreign Process Server, #6 Exhibit "F" - Email to Defendants' Counsel, #7 Exhibit "G" - Emails with Defendants' UK Counsel).(Gagas, William) |
| Filing 77 AFFIDAVIT OF SERVICE of Conformed Order to Show Cause for Expedited Discovery served on Paul Hinks on 6/21/2021. Document filed by RSS Judgment Enforcement LLC. (Attachments: #1 Exhibit "A" - Affidavits of Non-Service at Business Address, #2 Exhibit "B" - Affidavit of Hand Delivery at Business Address, #3 Exhibit "C" - Returns of Service at Residential Address, #4 Exhibit "D" - Affidavit of Hand Delivery at Residential Address, #5 Exhibit "E" - Emails with Foreign Process Server, #6 Exhibit "F" - Email to Defendants' Counsel, #7 Exhibit "G" - Emails with Defendants' UK Counsel).(Gagas, William) |
| Filing 76 AFFIDAVIT OF SERVICE of Conformed Order to Show Cause for Expedited Discovery served on Symbion Power Tanzania Limited on 6/21/2021. Document filed by RSS Judgment Enforcement LLC. (Attachments: #1 Exhibit "A" - Affidavits of Non-Service at Business Address, #2 Exhibit "B" - Affidavit of Hand Delivery at Business Address, #3 Exhibit "C" - Returns of Service at Residential Address, #4 Exhibit "D" - Affidavit of Hand Delivery at Residential Address, #5 Exhibit "E" - Emails with Foreign Process Server, #6 Exhibit "F" - Email to Defendants' Counsel, #7 Exhibit "G" - Emails with Defendants' UK Counsel).(Gagas, William) |
| Filing 75 AFFIDAVIT OF SERVICE of Conformed Order to Show Cause for Order of Attachment served on Symbion Energy Holdings, Ltd. on 6/21/2021. Document filed by RSS Judgment Enforcement LLC. (Attachments: #1 Exhibit "A" - Affidavits of Non-Service at Business Address, #2 Exhibit "B" - Affidavit of Hand Delivery at Business Address, #3 Exhibit "C" - Returns of Service at Residential Address, #4 Exhibit "D" - Affidavit of Hand Delivery at Residential Address, #5 Exhibit "E" - Emails with Foreign Process Server, #6 Exhibit "F" - Email to Defendants' Counsel, #7 Errata "G" - Emails with Defendants' UK Counsel).(Gagas, William) |
| Filing 74 AFFIDAVIT OF SERVICE of Conformed Order to Show Cause for Order of Attachment served on R.W. Chelsea Holdings Ltd. on 6/21/2021. Document filed by RSS Judgment Enforcement LLC. (Attachments: #1 Exhibit "A" - Affidavits of Non-Service at Business Address, #2 Exhibit "B" - Affidavit of Hand Delivery at Business Address, #3 Exhibit "C" - Returns of Service at Residential Address, #4 Exhibit "D" - Affidavit of Hand Delivery at Residential Address, #5 Exhibit "E" - Emails with Foreign Process Server, #6 Exhibit "F" - Email to Defendants' Counsel, #7 Exhibit "G" - Emails with Defendants' UK Counsel).(Gagas, William) |
| Filing 73 AFFIDAVIT OF SERVICE of Conformed Order to Show Cause for Order of Attachment served on Richard Westbury a/k/a Richard Bethell on 6/21/2021. Document filed by RSS Judgment Enforcement LLC. (Attachments: #1 Exhibit "A" - Affidavits of Non-Service at Business Address, #2 Exhibit "B" - Affidavit of Hand Delivery at Business Address, #3 Exhibit "C" - Returns of Service at Residential Address, #4 Exhibit "D" - Affidavit of Hand Delivery at Residential Address, #5 Exhibit "E" - Emails with Foreign Process Server, #6 Exhibit "F" - Email to Defendants' Counsel, #7 Exhibit "G" - Emails with Defendants' UK Counsel).(Gagas, William) |
| Filing 72 AFFIDAVIT OF SERVICE served on Paul Hinks on 6/21/2021. Document filed by RSS Judgment Enforcement LLC. (Attachments: #1 Exhibit "A" - Affidavits of Non-Service at Business Address, #2 Exhibit "B" - Affidavit of Hand Delivery at Business Address, #3 Exhibit "C" - Returns of Service at Residential Address, #4 Exhibit "D" - Affidavit of Hand Delivery at Residential Address, #5 Exhibit "E" - Emails with Foreign Process Server, #6 Exhibit "F" - Email to Defendants' Counsel, #7 Exhibit "G" - Emails with Defendants' UK Counsel).(Gagas, William) |
| Filing 71 AFFIDAVIT OF SERVICE of Conformed Order to Show Cause for Order of Attachment served on Symbion Power Tanzania Limited on 6/21/2021. Document filed by RSS Judgment Enforcement LLC. (Attachments: #1 Exhibit "A" - Affidavits of Non-Service at Business Address, #2 Exhibit "B" - Affidavit of Hand Delivery at Business Address, #3 Exhibit "C" - Returns of Service at Residential Address, #4 Exhibit "D" - Affidavit of Hand Delivery at Residential Address, #5 Exhibit "E" - Emails with Foreign Process Server, #6 Exhibit "F" - Email to Defendants' Counsel, #7 Exhibit "G" - Emails with Defendants' UK Counsel).(Gagas, William) |
| Filing 70 REPLY MEMORANDUM OF LAW in Support re: #44 Order to Show Cause, for Expedited Discovery. Document filed by RSS Judgment Enforcement LLC..(Gagas, William) |
| Filing 69 REPLY AFFIDAVIT of William Gagas in Support re: #43 Order to Show Cause,. Document filed by RSS Judgment Enforcement LLC. (Attachments: #1 Exhibit "S" - Operating Agreement for Symbion Power Holdings, LLC, dated June 29, 2009, #2 Exhibit "T" - Email from Paul Hinks to Simon Matthews, dated April 25, 2015, filed in Matthews v. Symbion Power, LLC, Index No. 653331/2019 (NY Cty. Sup. Ct.), #3 Exhibit "U" - Amended Answer of Defendant Paul Hinks (Hinks Answer), dated August 18, 2016, in Wilson v. Hinks, Docket No. 15-cv-00853 MV/LF (D. New Mexico), #4 Exhibit "V" - Answer of Defendant Symbion Power, LLC, dated March 6, 2020, filed in Matthews v. Symbion Power, LLC, Index No. 653331/2019 (NY Cty. Sup. Ct.), #5 Exhibit "W" - Verified Complaint filed in Kurtzman v. Dokoupil et al., Index No. 161149/2020, Doc. No. 1, dated December 22, 2020, #6 Exhibit "X" - Hinks website bio accessed on 6/23/2021, #7 Exhibit "Y" - Printout from U.S. Millennium Challenge Corporation website, accessed 6/23/2021).(Gagas, William) |
| Filing 68 REPLY MEMORANDUM OF LAW re: #43 Order to Show Cause, for Writ of Attachment. Document filed by RSS Judgment Enforcement LLC..(Gagas, William) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #66 MOTION for Adam Ryan Martin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24711127. Motion and supporting papers to be reviewed by Clerk's Office staff., #67 MOTION for Jeremy Heep to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24712188. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea) |
| Filing 67 MOTION for Jeremy Heep to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24712188. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Paul Hinks, Symbion Energy Holdings Ltd., Symbion Power Africa, LLC, Symbion Power Holdings, LLC, Symbion Power Services U.S., Inc., Symbion Power Tanzania Limited, Symbion Power, LLC. (Attachments: #1 Declaration of Jeremey Heep, #2 Exhibit PA Certificate of Good Standing, #3 Exhibit DC Certificate of Good Standing, #4 Text of Proposed Order).(Heep, Jeremy) |
| Filing 66 MOTION for Adam Ryan Martin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24711127. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Paul Hinks, Symbion Energy Holdings Ltd., Symbion Power Africa, LLC, Symbion Power Holdings, LLC, Symbion Power Services U.S., Inc., Symbion Power Tanzania Limited, Symbion Power, LLC. (Attachments: #1 Declaration of Adam Martin, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order).(Martin, Adam) |
| Filing 65 AFFIDAVIT of Paul Hinks re: #63 Opposition Brief, #64 Opposition Brief, . Document filed by Paul Hinks, Symbion Energy Holdings Ltd., Symbion Power Africa, LLC, Symbion Power Holdings, LLC, Symbion Power Services U.S., Inc., Symbion Power Tanzania Limited, Symbion Power, LLC..(Goodman, Brett) |
| Filing 64 OPPOSITION BRIEF re: #44 Order to Show Cause, For Expedited Discovery. Document filed by Paul Hinks, Symbion Energy Holdings Ltd., Symbion Power Africa, LLC, Symbion Power Holdings, LLC, Symbion Power Services U.S., Inc., Symbion Power Tanzania Limited, Symbion Power, LLC..(Goodman, Brett) |
| Filing 63 OPPOSITION BRIEF re: #43 Order to Show Cause, for Prejudgment Writ of Attachment. Document filed by Symbion Power Tanzania Limited..(Goodman, Brett) |
|
Filing 62
ORDER granting #60 Motion for Gary Marsh to Appear Pro Hac Vice. (Signed by Judge Lewis A. Kaplan on 6/23/2021) (Kaplan, Lewis)
|
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #60 MOTION for Gary Marsh to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24705766. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 61 NOTICE of Translation Table of Exhibits for Amended Affidavits in Support of Plaintiff's Motion for Writ of Attachment and Motion for Expedited Discovery re: #41 Declaration in Support,, #58 Affidavit in Support,,,,,,,, #38 Declaration in Support,, #59 Affidavit in Support,,,,,,,,. Document filed by RSS Judgment Enforcement LLC..(Gagas, William) |
| Filing 60 MOTION for Gary Marsh to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24705766. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Paul Hinks, Symbion Energy Holdings Ltd., Symbion Power Africa, LLC, Symbion Power Holdings, LLC, Symbion Power Services U.S., Inc., Symbion Power Tanzania Limited, Symbion Power, LLC. (Attachments: #1 Declaration of Gary Marsh, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order).(Marsh, Gary) |
| Filing 59 AFFIDAVIT of William Gagas in Support re: #41 Declaration in Support,,. Document filed by RSS Judgment Enforcement LLC. (Attachments: #1 Exhibit "A" - SPTLs Audited Financial Statements dated December 31, 2011, #2 Exhibit "B" - SPTLs Audited Financial Statements dated December 31, 2012, #3 Exhibit "C" - SPTLs Audited Financial Statements dated December 31, 2013, #4 Exhibit "D" - SPTLs Unaudited Financial Statements dated December 31, 2014, #5 Exhibit "E" - Emails between Paul Hinks and Robert Kidd dated July 14, 2015, #6 Exhibit "F" - SPTLs Unaudited Financial Statements dated December 31, 2015, #7 Exhibit "G" - Paul Hinks Memorandum to the Symbion Power Entities dated August 30, 2016, #8 Exhibit "H" - SPTLs Unaudited Financial Statements dated December 31, 2016, #9 Exhibit "I" - Symbion Power Services, U.S. and Symbion Power LLCs Response to First Set of Interrogatories dated May 22, 2018, #10 Exhibit "J" - Symbion Power Services, U.S. and Symbion Power LLCs Response to Second Set of Interrogatories dated July 9, 2018, #11 Exhibit "K" - AllAfrica.com news article dated December 28, 2020, #12 Exhibit "L" - Printout from Symbion Powers About Us page on its website accessed on May 11, 2021, #13 Exhibit "M" - Printout from Symbion Powers Contact page on its website accessed on May 13, 2021, #14 Exhibit "N" - Emails between Gary Marsh, Esq. and Plaintiffs Counsel dated May 18, 2021, #15 Exhibit "O" - SPTLs Tanzanian Corporate Register, information as of May 19, 2021, #16 Exhibit "P" - ICSID arbitration docket printout dated May 31, 2021, #17 Exhibit "Q" - Letters and emails between United Kingdom counsel for the parties dated June 1, 2021, June 4, 2021 and June 7, 2021, #18 Exhibit "R" - Emails between Gary Marsh, Esq. and Plaintiffs Counsel dated June 7 and 8, 2021).(Gagas, William) |
| Filing 58 AFFIDAVIT of William Gagas in Support re: #38 Declaration in Support,,. Document filed by RSS Judgment Enforcement LLC. (Attachments: #1 Exhibit "A" - SPTLs Audited Financial Statements dated December 31, 2011, #2 Exhibit "B" - SPTLs Audited Financial Statements dated December 31, 2012, #3 Exhibit "C" - SPTLs Audited Financial Statements dated December 31, 2013, #4 Exhibit "D" - SPTLs Unaudited Financial Statements dated December 31, 2014, #5 Exhibit "E" - Emails between Paul Hinks and Robert Kidd dated July 14, 2015, #6 Exhibit "F" - SPTLs Unaudited Financial Statements dated December 31, 2015, #7 Exhibit "G" - Paul Hinks Memorandum to the Symbion Power Entities dated August 30, 2016, #8 Exhibit "H" - SPTLs Unaudited Financial Statements dated December 31, 2016, #9 Exhibit "I" - Symbion Power Services, U.S. and Symbion Power LLCs Response to First Set of Interrogatories dated May 22, 2018, #10 Exhibit "J" - Symbion Power Services, U.S. and Symbion Power LLCs Response to Second Set of Interrogatories dated July 9, 2018, #11 Exhibit "K" - AllAfrica.com news article dated December 28, 2020, #12 Exhibit "L" - Printout from Symbion Powers About Us page on its website accessed on May 11, 2021, #13 Exhibit "M" - Printout from Symbion Powers Contact page on its website accessed on May 13, 2021, #14 Exhibit "N" - Emails between Gary Marsh, Esq. and Plaintiffs Counsel dated May 18, 2021, #15 Exhibit "O" - SPTLs Tanzanian Corporate Register, information as of May 19, 2021, #16 Exhibit "P" - ICSID arbitration docket printout dated May 31, 2021, #17 Exhibit "Q" - Letters and emails between United Kingdom counsel for the parties dated June 1, 2021, June 4, 2021 and June 7, 2021, #18 Exhibit "R" - Emails between Gary Marsh, Esq. and Plaintiffs Counsel dated June 7 and 8, 2021).(Gagas, William) |
| Filing 57 MEMO ENDORSEMENT re: #56 Letter filed by RSS Judgment Enforcement LLC. ENDORSEMENT: Please do as I asked. (Signed by Judge Lewis A. Kaplan on 6/22/2021) (nb) |
| Filing 56 LETTER addressed to Judge Lewis A. Kaplan from William H. Gagas dated 6/21/2021 re: Clarification of Order dated 6/18/21 [ECF No. 55]. Document filed by RSS Judgment Enforcement LLC..(Gagas, William) |
|
Filing 55
ORDER: Accordingly, the plaintiff, on or before June 22, 2021, refile each of the affidavits. Each separate exhibit shall be filed as a separately lettered exhibit, and shall be titled so that the nature or subject and, where applicable, the date of the exhibit are clear.. Attachments shall be listed in chronological order. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 6/18/2021) (kv)
|
| Filing 54 AFFIDAVIT OF SERVICE of Conformed Order to Show Cause for Expedited Discovery served on Symbion Power, LLC on 6/18/2021. Document filed by RSS Judgment Enforcement LLC. (Attachments: #1 Conformed Order to Show Cause for Expedited Discovery).(Gagas, William) |
| Filing 53 AFFIDAVIT OF SERVICE of Conformed Order to Show Cause for Expedited Discovery served on Symbion Power Services U.S. Inc. on 6/18/2021. Document filed by RSS Judgment Enforcement LLC. (Attachments: #1 Conformed Order to Show Cause for Expedited Discovery).(Gagas, William) |
| Filing 52 AFFIDAVIT OF SERVICE of Conformed Order to Show Cause for Expedited Discovery served on Symbion Power Holdings, LLC on 6/18/2021. Document filed by RSS Judgment Enforcement LLC. (Attachments: #1 Conformed Order to Show Cause for Expedited Discovery).(Gagas, William) |
| Filing 51 AFFIDAVIT OF SERVICE of Conformed Order to Show Cause for Expedited Discovery served on Symbion Power Africa, LLC on 6/18/2021. Document filed by RSS Judgment Enforcement LLC. (Attachments: #1 Conformed Order to Show Cause for Expedited Discovery).(Gagas, William) |
| Filing 50 AFFIDAVIT OF SERVICE of Conformed Order to Show Cause for Order of Attachment served on Symbion Power, LLC on 6/18/2021. Document filed by RSS Judgment Enforcement LLC. (Attachments: #1 Conformed Order to Show Cause for Order of Attachment).(Gagas, William) |
| Filing 49 AFFIDAVIT OF SERVICE of Conformed Order to Show Cause for Order of Attachment served on Symbion Power Services U.S. Inc. on 6/18/2021. Document filed by RSS Judgment Enforcement LLC. (Attachments: #1 Conformed Order to Show Cause for Order of Attachment).(Gagas, William) |
| Filing 48 AFFIDAVIT OF SERVICE of Conformed Order to Show Cause for Order of Attachment served on Symbion Power Holdings, LLC on 6/18/2021. Document filed by RSS Judgment Enforcement LLC. (Attachments: #1 Conformed Order to Show Cause for Order of Attachment).(Gagas, William) |
| Filing 47 AFFIDAVIT OF SERVICE of Conformed Order to Show Cause for Order of Attachment served on Symbion Power Africa, LLC on 6/18/2021. Document filed by RSS Judgment Enforcement LLC. (Attachments: #1 Conformed Order to Show Cause for Order of Attachment).(Gagas, William) |
| Filing 46 MEMORANDUM OF LAW in Support re: #45 MOTION to Dismiss Plaintiff's Complaint. . Document filed by Symbion Power Africa, LLC, Symbion Power Holdings, LLC, Symbion Power Services U.S., Inc., Symbion Power, LLC. (Attachments: #1 Exhibit Complaint).(Goodman, Brett) |
| Filing 45 MOTION to Dismiss Plaintiff's Complaint. Document filed by Symbion Power Africa, LLC, Symbion Power Holdings, LLC, Symbion Power Services U.S., Inc., Symbion Power, LLC..(Goodman, Brett) |
|
Filing 44
ORDER TO SHOW CAUSE defendants shall show cause as to why expedited discovery. Show Cause Hearing set for 6/25/2021 at 03:30 PM before Judge Lewis A. Kaplan. Show Cause Response due by 6/23/2021. (Signed by Judge Lewis A. Kaplan on 6/18/2021) (Kaplan, Lewis)
|
|
Filing 43
ORDER TO SHOW CAUSE Defendants shall show cause as to why order of attachment. Show Cause Hearing set for 6/25/2021 at 03:30 PM before Judge Lewis A. Kaplan. Show Cause Response due by 6/23/2021. (Signed by Judge Lewis A. Kaplan on 6/18/2021) (Kaplan, Lewis)
|
| Set/Reset Hearings: Show Cause Hearing set for 6/25/2021 at 03:30PM as per Docket Items 43 and 44 before the Hon. Lewis A. Kaplan. Observers and press may listen to the hearing by calling (audio only)+1 917-933-2166 and entering conference code:592840300#. (Mohan, Andrew) |
| Filing 42 MEMORANDUM OF LAW in Support re: #40 Proposed Order to Show Cause Without Emergency Relief . Document filed by RSS Judgment Enforcement LLC. (Attachments: #1 Exhibit A, #2 Exhibit B).(Gagas, William) |
| Filing 41 DECLARATION of Christopher Marks in Support re: #40 Proposed Order to Show Cause Without Emergency Relief. Document filed by RSS Judgment Enforcement LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R).(Gagas, William) |
| Filing 40 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by RSS Judgment Enforcement LLC..(Gagas, William) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 39 MEMORANDUM OF LAW in Support re: #37 Proposed Order to Show Cause Without Emergency Relief . Document filed by RSS Judgment Enforcement LLC..(Gagas, William) |
| Filing 38 DECLARATION of Christopher Marks in Support re: #37 Proposed Order to Show Cause Without Emergency Relief. Document filed by RSS Judgment Enforcement LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R).(Gagas, William) |
| Filing 37 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by RSS Judgment Enforcement LLC..(Gagas, William) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 36 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by RSS Judgment Enforcement LLC. (Attachments: #1 Affidavit of Christopher Marks in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Memorandum of Law in Support).(Gagas, William) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. Modified on 6/17/2021 (km). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Notice to attorney William Gagas to RE-FILE Document No. #36 Proposed Order to Show Cause Without Emergency Relief. The filing is deficient for the following reason(s): The documents need to be filed separately. Re-file the order to show cause using the event type Proposed Order to Show Cause without Emergency Relief found under the event list Proposed Orders - select the correct filer/filers - attach the correct signed (scanned signature image) and dated PDF. The declaration in Support needs to be filed as a separate entry. Filed under Other Answers, Declaration in Support of a non-motion. (any exhibits you want to submit can be filed as attachments to the declaration). The Statement of damages needs to be filed separately also (filed under other Filings, Other Documents, Statement of Damages. The proposed default judgment also needs to be filed separately. (Filed under Other Filings, Proposed Orders, Proposed Default Judgment). (km) |
| Filing 35 SUMMONS RETURNED EXECUTED. Symbion Power Tanzania Limited served on 6/7/2021, answer due 6/28/2021. Document filed by RSS Judgment Enforcement LLC..(Marks, Christopher) |
| Filing 34 SUMMONS RETURNED EXECUTED. Symbion Energy Holdings Ltd. served on 6/7/2021, answer due 6/28/2021. Document filed by RSS Judgment Enforcement LLC..(Marks, Christopher) |
| Filing 33 SUMMONS RETURNED EXECUTED. Paul Hinks served on 6/7/2021, answer due 6/28/2021. Document filed by RSS Judgment Enforcement LLC..(Marks, Christopher) |
|
Filing 32
ORDER denying #29 Letter Motion for Extension of Time to Answer re #29 LETTER MOTION for Extension of Time to File Answer re: #25 Summons Returned Executed, #28 Summons Returned Executed, #26 Summons Returned Executed, #27 Summons Returned Executed, #1 Complaint, addressed to Judge Lewis A. Kaplan. Denied. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 6/9/2021) (rj)
|
| Filing 31 NOTICE OF APPEARANCE by William Henry Gagas on behalf of RSS Judgment Enforcement LLC..(Gagas, William) |
| Filing 30 LETTER RESPONSE to Motion addressed to Judge Lewis A. Kaplan from Peter Antonelli dated June 9, 2021 re: #29 LETTER MOTION for Extension of Time to File Answer re: #25 Summons Returned Executed, #28 Summons Returned Executed, #26 Summons Returned Executed, #27 Summons Returned Executed, #1 Complaint, addressed to Judge Lewis A. Kaplan . Document filed by RSS Judgment Enforcement LLC. (Attachments: #1 Exhibit A, #2 Exhibit B).(Antonelli, Peter) |
| Filing 29 LETTER MOTION for Extension of Time to File Answer re: #25 Summons Returned Executed, #28 Summons Returned Executed, #26 Summons Returned Executed, #27 Summons Returned Executed, #1 Complaint, addressed to Judge Lewis A. Kaplan from Brett D. Goodman dated June 8, 2021. Document filed by Symbion Power Africa, LLC, Symbion Power Holdings, LLC, Symbion Power Services U.S., Inc., Symbion Power, LLC..(Goodman, Brett) |
| Filing 28 SUMMONS RETURNED EXECUTED. Symbion Power, LLC served on 5/28/2021, answer due 6/18/2021. Document filed by RSS Judgment Enforcement LLC..(Marks, Christopher) |
| Filing 27 SUMMONS RETURNED EXECUTED. Symbion Power Services U.S., Inc. served on 5/28/2021, answer due 6/18/2021. Document filed by RSS Judgment Enforcement LLC..(Marks, Christopher) |
| Filing 26 SUMMONS RETURNED EXECUTED. Symbion Power Holdings, LLC served on 5/28/2021, answer due 6/18/2021. Document filed by RSS Judgment Enforcement LLC..(Marks, Christopher) |
| Filing 25 SUMMONS RETURNED EXECUTED. Symbion Power Africa, LLC served on 5/28/2021, answer due 6/18/2021. Document filed by RSS Judgment Enforcement LLC..(Marks, Christopher) |
| Filing 24 ELECTRONIC SUMMONS ISSUED as to R.W. Chelsea Holdings Ltd.. (sj) |
| Filing 23 ELECTRONIC SUMMONS ISSUED as to Richard Westbury. (sj) |
| Filing 22 REQUEST FOR ISSUANCE OF SUMMONS as to R.W. Chelsea Holdings Ltd., re: #1 Complaint,. Document filed by RSS Judgment Enforcement LLC..(Marks, Christopher) |
| Filing 21 REQUEST FOR ISSUANCE OF SUMMONS as to Richard Westbury, re: #1 Complaint,. Document filed by RSS Judgment Enforcement LLC..(Marks, Christopher) |
| Filing 20 MEMO ENDORSEMENT granting #19 Motion for Peter Antonelli to Appear Pro Hac Vice. ENDORSEMENT: Granted. (Signed by Judge Lewis A. Kaplan on 5/26/2021) (tro) |
| Filing 19 MOTION for Peter Antonelli to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24583588. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by RSS Judgment Enforcement LLC. (Attachments: #1 Affidavit, #2 Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order).(Antonelli, Peter) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #19 MOTION for Peter Antonelli to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24583588. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
|
Filing 18
ORDER FOR ADMISSION OF THOMAS H. CURRAN, ESQ. PRO HAC VICE granting #17 Motion for Thomas H. Curran to Appear Pro Hac Vice. (Signed by Judge Lewis A. Kaplan on 5/21/2021) (nb)
|
| Filing 17 MOTION for Thomas H. Curran to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24566564. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by RSS Judgment Enforcement LLC. (Attachments: #1 Affidavit, #2 Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order).(Curran, Thomas) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #17 MOTION for Thomas H. Curran to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24566564. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
| Filing 16 ELECTRONIC SUMMONS ISSUED as to Symbion Power Services U.S., Inc...(sj) |
| Filing 15 ELECTRONIC SUMMONS ISSUED as to Symbion Power Holdings, LLC..(sj) |
| Filing 14 ELECTRONIC SUMMONS ISSUED as to Symbion Power, LLC..(sj) |
| Filing 13 ELECTRONIC SUMMONS ISSUED as to Symbion Power Africa, LLC..(sj) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to Symbion Energy Holdings Ltd...(sj) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Symbion Power Tanzania Limited..(sj) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Paul Hinks..(sj) |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to Symbion Power Services U.S., Inc., re: #1 Complaint,. Document filed by RSS Judgment Enforcement LLC..(Marks, Christopher) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Symbion Power Holdings, LLC, re: #1 Complaint,. Document filed by RSS Judgment Enforcement LLC..(Marks, Christopher) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Symbion Power, LLC, re: #1 Complaint,. Document filed by RSS Judgment Enforcement LLC..(Marks, Christopher) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Symbion Power Africa, LLC, re: #1 Complaint,. Document filed by RSS Judgment Enforcement LLC..(Marks, Christopher) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Symbion Energy Holdings Limited, re: #1 Complaint,. Document filed by RSS Judgment Enforcement LLC..(Marks, Christopher) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Symbion Power Tanzania Limited, re: #1 Complaint,. Document filed by RSS Judgment Enforcement LLC..(Marks, Christopher) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Paul Hinks, re: #1 Complaint,. Document filed by RSS Judgment Enforcement LLC..(Marks, Christopher) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Christopher Marks. The following case opening statistical information was erroneously selected/entered: Cause of Action code 09:202 Award under Convention on Foreign Arbitral Awards; County code New York. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 09:207 Application for order confirming award of arbitrators; the County code has been modified to XX Out of State. (vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Christopher Marks. The party information for the following party/parties has been modified: Richard Westbury. The information for the party/parties has been modified for the following reason/reasons: alias party name was omitted. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis A. Kaplan. 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..(vf) |
| Magistrate Judge Stewart D. Aaron 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. (vf) |
| Case Designated ECF. (vf) |
| Filing 2 CIVIL COVER SHEET filed..(Marks, Christopher) |
| Filing 1 COMPLAINT against Paul Hinks, R.W. Chelsea Holdings Ltd., Symbion Energy Holdings Ltd., Symbion Power Africa, LLC, Symbion Power Holdings, LLC, Symbion Power Services U.S., Inc., Symbion Power Tanzania Limited, Symbion Power, LLC, Richard Westbury. (Filing Fee $ 402.00, Receipt Number ANYSDC-24536254)Document filed by RSS Judgment Enforcement LLC. (Attachments: #1 Exhibit A).(Marks, Christopher) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
