ACE American Insurance Company v. University of Ghana
| ACE AMERICAN INSURANCE COMPANY |
| University of Ghana |
| 1:2021cv06472 |
| July 29, 2021 |
| US District Court for the Southern District of New York |
| Naomi Reice Buchwald |
| Other Statutes: Arbitration |
| 09 U.S.C. § 201 |
| None |
Docket Report
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Filing 27
CLERK CERTIFICATE OF MAILING of one copy of the Petition to Confirm, Recognize and Enforce Foreign Arbitration Award, Summons in a Civil Action, Civil Cover Sheet, Rule 7.1 Corporate Disclosure Statement of Petitioner Ace American Insurance Company, Memorandum of Law in Support of Petition to confirm, recognize and enforce Foreign Arbitration Award, Petitioners Notice of Motion for Leave to file under seal, Memorandum of Law in support of Motion for Leave to file under seal, Proposed Sealing Order and Declaration of Joshua M. Bennett in Support of Petition to confirm, recognize and enforce Foreign Arbitration Award with exhibits A-E mailed to DEFENDANT Prof. Nana Aba Appiah Amfo, Vice-Chancellor (Ag), University of Ghana, P.O. Box LG 25, Legon, Accra, Ghana on 09/09/2021 by Registered Mail tracking # RH003057375US, to the head of the agency or instrumentality of the foreign state, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(b)(3)(B). (JKR)
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Filing 26
CLERK CERTIFICATE OF MAILING of one copy of the Petition to Confirm, Recognize and Enforce Foreign Arbitration Award, Summons in a Civil Action, Civil Cover Sheet, Rule 7.1 Corporate Disclosure Statement of Petitioner Ace American Insurance Company, Memorandum of Law in Support of Petition to confirm, recognize and enforce Foreign Arbitration Award, Petitioners Notice of Motion for Leave to file under seal, Memorandum of Law in support of Motion for Leave to file under seal, Proposed Sealing Order and Declaration of Joshua M. Bennett in Support of Petition to confirm, recognize and enforce Foreign Arbitration Award with exhibits A-E mailed to DEFENDANT Prof. Olivia Anku-Tsede, Legal Counsel, Office of Legal Counsel, University of Ghana, P.O. Box LG 25, Legon, Accra, Ghana on 09/09/2021 by Registered Mail tracking # RH003057300US, to the head of the agency or instrumentality of the foreign state, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(b)(3)(B).(JKR)
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CLERK CERTIFICATE OF MAILING RECEIVED for Petition to Confirm, Recognize and Enforce Foreign Arbitration Award, Summons in a Civil Action, Civil Cover Sheet, Rule 7.1 Corporate Disclosure Statement of Petitioner Ace American Insurance Company, Memorandum of Law in Support of Petition to confirm, recognize and enforce Foreign Arbitration Award, Petitioners Notice of Motion for Leave to file under seal, Memorandum of Law in support of Motion for Leave to file under seal, Proposed Sealing Order and Declaration of Joshua M. Bennett in Support of Petition to confirm, recognize and enforce Foreign Arbitration Award with exhibits A-E mailed to DEFENDANT Prof. Nana Aba Appiah Amfo, Vice-Chancellor (Ag), University of Ghana, P.O. Box LG 25, Legron, Accra, Ghana on 08/05/2021 by Federal Express tracking # 7744 2586 3907, as per #20 Clerk Certificate of Mailing, RECEIVED ON: 08/09/2021. (JKR)
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CLERK CERTIFICATE OF MAILING RECEIVED for Petition to Confirm, Recognize and Enforce Foreign Arbitration Award, Summons in a Civil Action, Civil Cover Sheet, Rule 7.1 Corporate Disclosure Statement of Petitioner Ace American Insurance Company, Memorandum of Law in Support of Petition to confirm, recognize and enforce Foreign Arbitration Award, Petitioners Notice of Motion for Leave to file under seal, Memorandum of Law in support of Motion for Leave to file under seal, Proposed Sealing Order and Declaration of Joshua M. Bennett in Support of Petition to confirm, recognize and enforce Foreign Arbitration Award with exhibits A-E mailed to DEFENDANT Prof. Olivia Anku-Tsede, Legal Counsel, Office of Legal Counsel, University of Ghana, P.O. Box LG 25, Legron, Accra, Ghana on 08/05/2021 by Federal Express tracking # 7744 2345 7621, as per #21 Clerk Certificate of Mailing, RECEIVED ON: 08/09/2021. (JKR)
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Filing 25
ELECTRONIC AMENDED SUMMONS ISSUED as to University of Ghana. (sj)
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Filing 24
REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to University of Ghana, re: #8 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration. Document filed by ACE American Insurance Company..(Bennett, Joshua)
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Filing 23
ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE OF JONATHAN C. DRIMMER granting #22 Motion for Jonathan C. Drimmer to Appear Pro Hac Vice. (Signed by Judge Naomi Reice Buchwald on 8/11/2021) (vfr)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #22 MOTION for Jonathan C. Drimmer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24914407. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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Filing 22
MOTION for Jonathan C. Drimmer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24914407. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ACE American Insurance Company. (Attachments: #1 Affidavit of Jonathan C. Drimmer in Support of Motion for Admission Pro Hac Vice, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Drimmer, Jonathan)
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Filing 21
CLERK CERTIFICATE OF MAILING of one copy of the Petition to Confirm, Recognize and Enforce Foreign Arbitration Award, Summons in a Civil Action, Civil Cover Sheet, Rule 7.1 Corporate Disclosure Statement of Petitioner Ace American Insurance Company, Memorandum of Law in Support of Petition to confirm, recognize and enforce Foreign Arbitration Award, Petitioners Notice of Motion for Leave to file under seal, Memorandum of Law in support of Motion for Leave to file under seal, Proposed Sealing Order and Declaration of Joshua M. Bennett in Support of Petition to confirm, recognize and enforce Foreign Arbitration Award with exhibits A-E MAILED TO DEFENDANT Prof. Olivia Anku-Tsede, Legal Counsel, Office of Legal Counsel, University of Ghana, P.O. Box LG 25, Legron, Accra, Ghana on 08/05/2021 by Federal Express tracking # 774423457621, to the head of the agency or instrumentality of the foreign state, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(b)(3)(B). (JKR)
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Filing 20
CLERK CERTIFICATE OF MAILING of one copy of the Petition to Confirm, Recognize and Enforce Foreign Arbitration Award, Summons in a Civil Action, Civil Cover Sheet, Rule 7.1 Corporate Disclosure Statement of Petitioner Ace American Insurance Company, Memorandum of Law in Support of Petition to confirm, recognize and enforce Foreign Arbitration Award, Petitioners Notice of Motion for Leave to file under seal, Memorandum of Law in support of Motion for Leave to file under seal, Proposed Sealing Order and Declaration of Joshua M. Bennett in Support of Petition to confirm, recognize and enforce Foreign Arbitration Award with exhibits A-E, MAILED TO DEFENDANT Prof. Nana Aba Appiah Amfo, Vice-Chancellor (Ag), University of Ghana, P.O. Box LG 25, Legron, Accra, Ghana on 08/05/2021 by Federal Express tracking # 774425863907, to the head of the agency or instrumentality of the foreign state, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(b)(3)(B). (JKR)
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Filing 19
SEALING ORDER granting #12 Letter Motion to Seal. Upon consideration of Petitioner's Notice of Motion for Leave to File Under Seal and Memorandum of Law in Support of Petitioners Notice of Motion for Leave to File Under Seal, it is hereby: ORDERED that the following documents shall be filed and placed under seal: 1. Exhibit A to the Bennett Declaration, a true and correct copy of the Expert Determination, which was rendered by Mr. Nicholas Vineall QC in favor of CPA 18 Integras GH Investor Limited on August 1, 2018; 2. Exhibit C to the Bennett Declaration, a true and correct copy of the Second Amended and Restated Concession Agreement, dated September 15, 2015; 3. Exhibit D to the Bennett Declaration, a true and correct copy of the First Amendment to the Second Amended and Restated Concession Agreement, dated December 31, 2015; and 4. Exhibit E to the Bennet Declaration, a true and correct copy of the Second Amendment to the Second Amended and Restated Concession Agreement, dated February 10-11, 2016. (Signed by Judge Naomi Reice Buchwald on 8/3/2021) (mml)
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Filing 18
LETTER addressed to Judge Naomi Reice Buchwald from Joshua M. Bennett dated August 2, 2021 re: Petitioner's Motion to Leave to File Under Seal. Document filed by ACE American Insurance Company..(Bennett, Joshua)
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Filing 17
ELECTRONIC SUMMONS ISSUED as to University of Ghana. (vf)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Naomi Reice Buchwald. 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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Magistrate Judge Debra C. Freeman 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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Case Designated ECF. (vf)
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Filing 16
NOTICE OF APPEARANCE by Joshua Michael Bennett on behalf of ACE American Insurance Company..(Bennett, Joshua)
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Filing 15
***SELECTED PARTIES***DECLARATION of Joshua M. Bennett in Support re: #8 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration. Document filed by ACE American Insurance Company, University of Ghana. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)Motion or Order to File Under Seal: #12 .(Bennett, Joshua)
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Filing 14
PROPOSED ORDER. Document filed by ACE American Insurance Company. Related Document Number: #12 ..(Hansson, Kurt) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 13
MEMORANDUM OF LAW in Support re: #12 MOTION to Seal Petitioner's Notice of Motion for Leave to File Under Seal. . Document filed by ACE American Insurance Company..(Hansson, Kurt)
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Filing 12
MOTION to Seal Petitioner's Notice of Motion for Leave to File Under Seal. Document filed by ACE American Insurance Company..(Hansson, Kurt)
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Filing 11
DECLARATION of Joshua M. Bennett in Support re: #8 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration. Document filed by ACE American Insurance Company. (Attachments: #1 Exhibit A (Filed Under Seal), #2 Exhibit B, #3 Exhibit C (Filed Under Seal), #4 Exhibit D (Filed Under Seal), #5 Exhibit E (Filed Under Seal)).(Bennett, Joshua)
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Filing 10
MEMORANDUM OF LAW in Support re: #8 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration . Document filed by ACE American Insurance Company..(Hansson, Kurt)
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Filing 9
REQUEST FOR ISSUANCE OF SUMMONS as to University of Ghana, re: #8 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration. Document filed by ACE American Insurance Company..(Hansson, Kurt)
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Filing 8
PETITION TO CONFIRM, RECOGNIZE, AND ENFORCE FOREIGN ARBITRATION AWARD. Document filed by ACE American Insurance Company.(Hansson, Kurt)
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Filing 7
DECLARATION of Joshua M. Bennett in Support re: #1 Petition (Other). Document filed by ACE AMERICAN INSURANCE COMPANY. (Attachments: #1 Exhibit A (Filed Under Seal), #2 Exhibit B, #3 Exhibit C (Filed Under Seal), #4 Exhibit D (Filed Under Seal), #5 Exhibit E (Filed Under Seal)).(Bennett, Joshua)
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Filing 6
MEMORANDUM OF LAW in Support re: #1 Petition (Other) to Confirm, Recognize, and Enforce Foreign Arbitration Award. Document filed by ACE AMERICAN INSURANCE COMPANY..(Hansson, Kurt)
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Filing 5
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Chubb Limited, Corporate Parent Chubb INA Holdings Inc., Corporate Parent Chubb Group Holdings Inc., Corporate Parent INA Financial Corporation, Corporate Parent INA Corporation, Corporate Parent INA Holding Corporation for ACE AMERICAN INSURANCE COMPANY. Document filed by ACE AMERICAN INSURANCE COMPANY..(Hansson, Kurt)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Kurt Wayne Hansson to RE-FILE Document #3 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Not All Corporate Parents/Other affiliates were added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). (ldi)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Kurt Wayne Hansson to RE-FILE Document No. #4 Request for Issuance of Summons. The filing is deficient for the following reason(s): The summons requested was not processed due to the deficient pleading. Please file your request for summons when you correct and refile your pleading. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Kurt Wayne Hansson to RE-FILE Document No. #1 Petition (Other). The filing is deficient for the following reason(s): the wrong event type was used to file the pleading. Re-file the pleading using the event type Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration 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. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 8/4/2021. (vf)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Kurt Wayne Hansson. The party information for the following party/parties has been modified: ACE AMERICAN INSURANCE COMPANY. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps. (vf)
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Filing 4
FILING ERROR SUMMONS NOT LINKED TO CORRESPONDING PLEADING- REQUEST FOR ISSUANCE OF SUMMONS as to University of Ghana, re: #1 Petition (Other). Document filed by ACE AMERICAN INSURANCE COMPANY..(Hansson, Kurt) Modified on 7/30/2021 (vf).
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Filing 3
FILING ERROR - NOT ALL CORPORATE PARENTS/OTHER AFFILIATES WERE ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent INA Holdings Corporation for ACE AMERICAN INSURANCE COMPANY. Document filed by ACE AMERICAN INSURANCE COMPANY..(Hansson, Kurt) Modified on 7/30/2021 (ldi).
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Filing 2
CIVIL COVER SHEET filed..(Hansson, Kurt)
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Filing 1
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - PETITION TO CONFIRM, RECOGNIZE, AND ENFORCE FOREIGN ARBITRATION AWARD. (Filing Fee $ 402.00, Receipt Number ANYSDC-24865611).Document filed by ACE AMERICAN INSURANCE COMPANY..(Hansson, Kurt) Modified on 7/30/2021 (vf).
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| Petitioner: ACE AMERICAN INSURANCE COMPANY | |
| Represented By: | Kurt Wayne Hansson |
| Represented By: | Jonathan C. Drimmer |
| Represented By: | Joshua Michael Bennett |
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| Respondent: University of Ghana | |
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