Preble-Rish Haiti, S.A. v. Republic of Haiti et al
| Preble-Rish Haiti, S.A. |
| Bureau De Monetisation De Programmes D'Aide Au Developpment and Republic of Haiti |
| Banque de la Republique d Haiti |
| 1:2021cv04960 |
| June 4, 2021 |
| US District Court for the Southern District of New York |
| P Kevin Castel |
| Contract: Marine |
| 28 U.S.C. § 1333 ad |
| None |
Docket Report
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Filing 34
ORDER TO SHOW CAUSE: LET Plaintiff Preble-Rish Haiti, S.A. ("Preble Rish") and Defendants show cause before this Court, in writing by August 13, 2021 why an order should not be issued granting BRH's motion: (1) to intervene for the limited purpose of moving to vacate (a) this Court's Supplemental Order Directing the Clerk to Issue Process of Maritime Attachment and Garnishment (ECF Doc. No 18, the "Supplemental Order"), and (b) the writ of attachment and garnishment served upon Citibank restraining an account of BRH; (2) for an order vacating the Supplemental Order and such writ of attachment and releasing the account and its contents from any and all restrictions imposed as a result of the Supplemental Order or the filing of this action; (3) for an order pursuant to Fed. R. Civ. P. 5.2(a), (d), and (e), (i) requiring Plaintiff to file corrected copies of its publicly filed documents, including its Amended Complaint, that fail to redact BRH's financial account information in violation of Rule 5.2(a) and this Court's individual rules; and (ii) sealing all docket entries reflecting such information, including docket entries 14, 15, 17 and 18; and (4) granting such other and further relief as this Court deems just and proper. IT IS FURTHER ORDERED, that service of a copy of this Order, together with the papers upon which it is based, by electronic (email) service upon Plaintiffs counsel, Blank Rome LLP (attn: Lauren Brooke Wilgus, lwilgus@blankrome.com, Rick Bruce Antonoff, rantonoff@blankrome.com, and William Robert Bennett, III, wbennett@blankrome.con), and Defendants' counsel, Harris Bricken Sliwoski, LLP (attn: John B. McDonald, john.mcdonald@harrisbricken.com), on or before July 30, 2021, shall be deemed good and sufficient service; and IT IS FURTHER ORDERED, that reply papers, if any, are to be filed electronically on CM/ECF on or before August 23, 2021. (Signed by Judge P. Kevin Castel on 7/29/2021) (mml)
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Filing 33
AFFIRMATION of Josue Leconte in Opposition re: #23 MOTION to Vacate Attachment.. Document filed by Preble-Rish Haiti, S.A.. (Attachments: #1 Exhibit AAA - Example of Letter Directing Payment, #2 Exhibit BBB - Copies of Letters Directing Payment, #3 Exhibit CCC - SWIFT Confirmations).(Bennett, William)
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Filing 32
MEMORANDUM OF LAW in Opposition re: #23 MOTION to Vacate Attachment. . Document filed by Preble-Rish Haiti, S.A...(Bennett, William)
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Filing 31
NOTICE OF APPEARANCE by Bertrand Rolf Madsen on behalf of Banque de la Republique d Haiti..(Madsen, Bertrand)
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Filing 30
NOTICE OF APPEARANCE by Samuel Lucien Butt on behalf of Banque de la Republique d Haiti..(Butt, Samuel)
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Filing 29
NOTICE OF APPEARANCE by Elizabeth Wolstein on behalf of Banque de la Republique d Haiti..(Wolstein, Elizabeth)
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Filing 28
DECLARATION of Jean Baden Dubois in Support re: #26 Proposed Order to Show Cause Without Emergency Relief. Document filed by Banque de la Republique d Haiti. (Attachments: #1 Exhibit 1 - Copy and Translation of Le Moniteur dated September 11, 1979).(Wolstein, Elizabeth)
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Filing 27
MEMORANDUM OF LAW in Support re: #26 Proposed Order to Show Cause Without Emergency Relief to Intervene and Vacate. Document filed by Banque de la Republique d Haiti..(Wolstein, Elizabeth)
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Filing 26
PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Banque de la Republique d Haiti..(Wolstein, Elizabeth) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
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Filing 25
DECLARATION of Fils Aime Ignace Saint-Fleur in Support re: #23 MOTION to Vacate Attachment.. Document filed by Bureau De Monetisation De Programmes D'Aide Au Developpment..(McDonald, John)
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Filing 24
DECLARATION of Bernard Gousse in Support re: #23 MOTION to Vacate Attachment.. Document filed by Bureau De Monetisation De Programmes D'Aide Au Developpment. (Attachments: #1 Exhibit A, #2 Exhibit B).(McDonald, John)
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Filing 23
MOTION to Vacate Attachment. Document filed by Bureau De Monetisation De Programmes D'Aide Au Developpment..(McDonald, John)
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Filing 22
NOTICE of Motion. Document filed by Bureau De Monetisation De Programmes D'Aide Au Developpment..(McDonald, John)
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Filing 21
MEMO ENDORSEMENT on re: #20 Letter Motion to Vacate Supplemental Order, filed by Bureau De Monetisation De Programmes D'Aide Au Developpment. ENDORSEMENT: BMPAD may file its proposed motion at its earliest convenience. Applicants will have ten days to respond and BMPAD will have seven days to reply. SO ORDERED. (Signed by Judge P. Kevin Castel on 7/15/21) (yv)
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Filing 20
LETTER addressed to Judge P. Kevin Castel from John B. McDonald dated July 15, 2021 re: Pre- Motion Letter Regarding Motion to Vacate Supplemental Order. Document filed by Bureau De Monetisation De Programmes D'Aide Au Developpment..(McDonald, John)
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Filing 19
NOTICE OF APPEARANCE by John B McDonald on behalf of Bureau De Monetisation De Programmes D'Aide Au Developpment..(McDonald, John)
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MARITIME ATTACHMENT AND GARNISHMENT ISSUED as to Republic of Haiti on 06/23/2021 in the amount of $$29,290,086.91. (nmo)
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Filing 18
SUPPLEMENTAL ORDER DIRECTING CLERK TO ISSUE PROCESS OF MARITIME ATTACHMENT AND GARNISHMENT AND APPOINTING PROCESS SERVER: IT IS HEREBY ORDERED, that Process of Maritime Attachment and Garnishment shall issue against all tangible or intangible property belonging to or being held for Defendant by Garnishee, upon whom a copy of the Process of Maritime Attachment and Garnishment may be served in an amount of up to US $29,290,086.91 pursuant to Rule B of the Supplemental Rules for Certain Admiralty and Maritime Claims of the Federal Rules of Civil Procedure; as further set forth herein. ORDERED, that this Order shall automatically expire 6 days from the date of its issuance if no assets or other property has been restrained pursuant to this Order, unless the Plaintiff shows good cause for an extension of this Order for an additional 60 days. Further 60 - day extensions may be granted in the discretion of the Court, but only upon a showing by Plaintiff of extraordinary circumstances. All applications for extensions shall be made by letter to the Court; and it is further, ORDERED, that upon expiration or vacatur of this Order by reason of the preceding paragraph, this Action may be dismissed without prejudice, without costs, and without further notice to any party. The Plaintiff is directed to submit a letter to the Court informing it of the automatic expiration of the Order. (Signed by Judge P. Kevin Castel on 6/22/2021) (nb)
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Filing 17
LETTER addressed to Judge P. Kevin Castel from William R. Bennett, III dated 6/21/21 re: Amended Verified Complaint and Proposed Order for Issuance of Supplemental Writ of Maritime Attachment, etc.. Document filed by Preble-Rish Haiti, S.A...(Bennett, William)
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Filing 16
APPLICATION for Writ of Process of Maritime Attachment and Garnishment as to Garnishee Citibank. Document filed by Preble-Rish Haiti, S.A...(Bennett, William)
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Filing 15
PROPOSED ORDER. Document filed by Preble-Rish Haiti, S.A.. Related Document Number: #14 ..(Bennett, William) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 14
AMENDED COMPLAINT amending #1 Complaint, against Bureau De Monetisation De Programmes D'Aide Au Developpment, Republic of Haiti.Document filed by Preble-Rish Haiti, S.A.. Related document: #1 Complaint,. (Attachments: #1 Exhibit 1, Part 1 - Affirmation of Josue Leconte and Exhibits, #2 Exhibit 1, Part 2 - Continuation of Exh. 1, #3 Exhibit 1, Part 3 - Continuation of Exh. 1).(Bennett, William)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #15 Proposed Order was reviewed and approved as to form. (km)
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MARITIME ATTACHMENT AND GARNISHMENT ISSUED as to Bureau De Monetisation De Programmes D'Aide Au Developpment, Republic of Haiti on 6/9/2021 in the amount of $29,290,086.91. (tro)
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Filing 13
ORDER INITIAL PRETRIAL CONFERENCE: COUNSEL FOR PLAINTIFF (OR THE REMOVING DEFENDANT) SHALL IMMEDIATELY SEND A COPY OF THIS ORDER TO ALL PARTIES. Counsel for all parties shall appear for an Initial Pretrial Conference, held pursuant to Rule 16 of the Federal Rules of Civil Procedure, September 2, 2021 at 11:00 a.m. Principal trial counsel shall appear at this and all subsequent conferences. The call-in information for all teleconferences is: Dial-in: (888) 363-4749; Access Code: 3667981. And as set forth herein. SO ORDERED. Initial Conference set for 9/2/2021 at 11:00 AM before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 6/09/2021) (ama)
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Filing 12
ORDER DIRECTING CLERK TO ISSUE PROCESS OF MARITIME ATTACHMENT AND GARNISHMENT AND APPOINTING PROCESS SERVER against all tangible or intangible property...of the defendant in the amount of $29,290,086.91 pursuant to Rule B of the Supplemental Rules for Certain Admiralty and Maritime Claims of the Federal Rules of Civil Procedure....IT IS HEREBY ORDERED, ORDERED, that any person at least 18 years of age and not a party to this action, employed with or appointed by William R. Bennett, III, be and hereby is appointed to serve this Order and Process of Maritime Attachment and Garnishment on Garnishee in New York and on such additional garnishees as permitted herein; and it is further, ORDERED, that this Order shall automatically expire 60 days from the date of its issuance if no assets or other property has been restrained pursuant to this Order, unless the Plaintiff shows good cause for an extension of this Order for an additional 60 days. Further extensions may be granted in the discretion of the Court, but only upon a showing by Plaintiff of extraordinary circumstances. All applications for extensions shall be made by letter to the Court; and it is further, ORDERED, that upon expiration or vacatur of this Order by reason of the preceding paragraph, this Action may be dismissed without prejudice, without costs, and without further notice to any party. The Plaintiff is directed to submit a letter to the Court informing it of the automatic expiration of the Order. SO ORDERED. (Signed by Judge P. Kevin Castel on 6/8/21) (yv)
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Filing 11
APPLICATION for Writ of Process of Maritime Attachment and Garnishment as to Garnishee Citibank. Document filed by Preble-Rish Haiti, S.A...(Bennett, William)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney William Robert Bennett to RE-FILE Document #7 EX PARTE MOTION for Writ of Process of Maritime Attachment and Garnishment as to Garnishee Citibank . Use the event type Application for Writ found under the event list Service of Process. (ldi)
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Filing 10
ELECTRONIC SUMMONS ISSUED as to Bureau De Monetisation De Programmes D'Aide Au Developpment, Republic of Haiti. (vf)
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Filing 9
NOTICE OF APPEARANCE by Lauren Brooke Wilgus on behalf of Preble-Rish Haiti, S.A...(Wilgus, Lauren)
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Filing 8
NOTICE OF APPEARANCE by Rick Bruce Antonoff on behalf of Preble-Rish Haiti, S.A...(Antonoff, Rick)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney William Robert Bennett, III. The following case opening statistical information was erroneously selected/entered: Dollar Demand $27,290,000. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to 9,999,000. (vf)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge P. Kevin Castel. 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)
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Case Designated ECF. (vf)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #5 Proposed Order was reviewed and approved as to form. (dt)
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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. (vf)
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Filing 7
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - EX PARTE MOTION for Writ of Process of Maritime Attachment and Garnishment as to Garnishee Citibank . Document filed by Preble-Rish Haiti, S.A...(Bennett, William) Modified on 6/8/2021 (ldi).
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Filing 6
MEMORANDUM OF LAW in Support re: #5 Proposed Order for Issuance of Process of Maritime Attachment and Garnishment. Document filed by Preble-Rish Haiti, S.A...(Bennett, William)
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Filing 5
PROPOSED ORDER. Document filed by Preble-Rish Haiti, S.A.. Related Document Number: #1 ..(Bennett, William) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to Republic of Haiti and Bureau De Montisation De Programmes Daide Au Dveloppement, re: #1 Complaint,. Document filed by Preble-Rish Haiti, S.A...(Bennett, William)
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Filing 3
CIVIL COVER SHEET filed..(Bennett, William)
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Filing 2
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Preble-Rish Haiti, S.A...(Bennett, William)
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Filing 1
COMPLAINT against Bureau De Monetisation De Programmes D'Aide Au Developpment, Republic of Haiti. (Filing Fee $ 402.00, Receipt Number ANYSDC-24632049)Document filed by Preble-Rish Haiti, S.A.. (Attachments: #1 Rule B Declaration).(Bennett, William)
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