Republic of Guatemala v. IC Power Asia Development Ltd.
| Republic of Guatemala |
| IC Power Asia Development Ltd. |
| 1:2022cv00394 |
| January 14, 2022 |
| US District Court for the Southern District of New York |
| Colleen McMahon |
| Other Statutory Actions |
| 09 U.S.C. § 207 Application for order confirming award of arbitrators |
| None |
Docket Report
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This docket was last retrieved on July 17, 2023. A more recent docket listing may be available from PACER.
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Minute Entry for proceedings held before Judge Colleen McMahon: Initial Pretrial Conference held on 3/10/2022. Decision: Petitioner appeared for initial conference. Respondent did not appear. Court advised Petitioner that this initial conference was scheduled prematurely. Answer is due March 23. Should Respondent default, Petitioner should file motion for default. Should Respondent answer, a briefing schedule will be set at that time.Submitted by: Caroline Fish. (mde)
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Filing 21
AFFIDAVIT OF SERVICE of Summons and Petition (Other),. IC Power Asia Development Ltd. served on 3/2/2022, answer due 3/23/2022. Service was accepted by Mr. Lawrence Charney. Document filed by Republic of Guatemala..(Smith, Rodney)
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Filing 20
ORDER LIFTING TEMPORARY SEALING ORDER re: #13 Order. On January 19, 2022, the Court temporarily granted Petitioner's two motions to seal certain documents filed with the court in connection with the Republic of Guatemala's petition to confirm an arbitration award, pending adjudication of the sealing motions. (See Dkt. No. 9). On January 24, 2022, the Court entered an order in which I found that Petitioner had failed to make a showing of why any of the more than 600 pages sought to be sealed was in fact sealable in light of the presumption of public access. In that order I directed Petitioner to identify within 10 business days the specific portions any document(s) it wished to keep under seal and explain why the presumption of public access was overcome in the case of that specific information. (See Dkt. No. 13). The Court informed Petitioner that the temporary sealing order would be lifted absent any such showing. More than ten business days have elapsed, and Petitioner has not accepted the court's invitation to establish, with specificity, why any document or portion of any document that has been filed in this case should remain sealed. That being so, the temporary sealing order that was entered on January 19 is lifted and the Clerk of Court is directed to unseal Docket Numbers 4 and 7. (Signed by Judge Colleen McMahon on 2/22/2022) BY ECF TO ALL COUNSEL (kv)
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Magistrate Judge Jennifer Willis is so redesignated. (sjo)
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Filing 19
ELECTRONIC SUMMONS ISSUED as to IC Power Asia Development Ltd.. (vf)
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Filing 18
REQUEST FOR ISSUANCE OF SUMMONS as to IC Power Asia Development Ltd., re: #1 Petition (Other),. Document filed by Republic of Guatemala..(Smith, Rodney)
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Filing 17
ELECTRONIC SUMMONS ISSUED as to IC Power Asia Development Ltd.. (vf)
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Filing 16
REQUEST FOR ISSUANCE OF SUMMONS as to IC Power Asia Development Ltd., re: #1 Petition (Other),. Document filed by Republic of Guatemala..(Smith, Rodney)
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Filing 15
FILING ERROR - DEFICIENT - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to IC Power Asia Development Ltd., re: #1 Petition (Other),. Document filed by Republic of Guatemala..(Smith, Rodney) Modified on 1/25/2022 (vf).
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Filing 14
FILING ERROR - DEFICIENT - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Lawrence N Charney, re: #1 Petition (Other),. Document filed by Republic of Guatemala..(Smith, Rodney) Modified on 1/25/2022 (vf).
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Rodney Quinn Smith, II to RE-FILE Document No. #14 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct. Docket Entry Error. Enter the party name as to whom summons is to be issued for when prompted.. 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 REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Rodney Quinn Smith, II to RE-FILE Document No. #15 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct. Defendant party name error. Defendant party name must correspond to 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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Filing 13
ORDER ON PETITIONER'S MOTION FOR LEAVE TO FILE DOCUMENTS UNDER SEAL re: #9 Order on Motion to Seal,,, Order on Motion to for Leave to File Case Under Seal. So the question is whether the Petitioner has established that the sealing of these particular documents is necessary. The answer to that question is no - not at this point. Petitioner has presented the court with over 600 pages of documents that it wishes to seal. It does not identify what information on each page qualifies as confidential; it simply seeks to seal entire documents on the ground that something located somewhere in them qualifies as confidential. And petitioner is very vague about what that confidential information might be. If Petitioner wishes to keep these exhibits (or portions of them) under seal, it needs to go through the documents, page by page, and identify what information qualifies as confidential - and then explain IN DETAIL to the court why that information qualifies as confidential at this moment in time (for example, it is insufficient that it qualified as confidential for purposes of the arbitration). To take one example: it is not at all clear that the allegedly confidential information about bidding procedures in Exhibit 4 should be sealed, as the bidding for the acquisition of the Distributors took place years ago. To take another: Exhibit 11 might contain attorney-client privileged information, but if that information was disclosed in the arbitration, then the privilege may well have been waived. Petitioner must make an appropriate showing about each portion of any document that it wishes to keep under seal. It has ten business days to do so, or the Current temporary sealing order will be lifted. (Signed by Judge Colleen McMahon on 1/24/2022) BY ECF TO ALL COUNSEL (kv)
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Filing 12
ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE: Initial Conference by telephone set for 3/10/2022 at 10:45 AM before Judge Colleen McMahon. Parties should dial in at 1(888) 363-4749, access code (9054506) to join the conference. (Signed by Judge Colleen McMahon on 1/20/2022) (vfr)
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Filing 11
ORDER FOR ADMISSION PRO HAC VICE granting #10 Motion for Rodney Quinn Smith to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice pro hac vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys.. (Signed by Judge Colleen McMahon on 1/20/2022) (kv)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #10 MOTION for Rodney Quinn Smith to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea)
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Filing 10
MOTION for Rodney Quinn Smith to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Republic of Guatemala. (Attachments: #1 Exhibit Certificate of good standing, #2 Affidavit in support of the motion to file under seal, #3 Text of Proposed Order for admission pro hac vice).(Smith, Rodney)
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Filing 9
ORDER temporarily granting #4 Motion to Seal; temporarily granting #7 Motion for Leave to File Case Under Seal. Petitioner, the Republic of Guatemala, has filed two motions (Dkt. Nos. 4, 7) to file certain documents accompanying its Petition for Recognition of an Arbitration Award ("Petition") under seal. These documents are Exhibits 4, 5, 7, 9, 11, 12, and 13. The Court will permit The Republic of Guatemala to file the requested documents under seal temporarily, while it considers the motion. This temporary ruling does not indicate any view that the motion should or will be granted.. (Signed by Judge Colleen McMahon on 1/19/2022) BY ECF TO ALL COUNSEL (kv)
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Filing 8
MEMORANDUM OF LAW in Support re: #7 MOTION for Leave to File Case Under Seal . . Document filed by Republic of Guatemala..(Kassa, Bethel)
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Filing 7
MOTION for Leave to File Case Under Seal . Document filed by Republic of Guatemala. (Attachments: #1 Affidavit in support of the motion under seal, #2 Text of Proposed Order Proposed order, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 7, #6 Exhibit 9, #7 Exhibit 11, #8 Exhibit 12, #9 Exhibit 13).(Kassa, Bethel)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #6 MOTION for Rodney Quinn Smith to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25592873. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Florida;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Colleen McMahon. 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)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Bethel Kassa. The following case opening statistical information was erroneously selected/entered: County code Albany;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of U.S.;. (pc)
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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. (pc)
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Case Designated ECF. (pc)
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Filing 6
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Rodney Quinn Smith to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25592873. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Republic of Guatemala. (Attachments: #1 Affidavit Affidavit in support of the motion for pro hac vice, #2 Exhibit Certificate of good standing, #3 Text of Proposed Order Proposed order).(Smith, Rodney) Modified on 1/18/2022 (wb).
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Filing 5
MEMORANDUM OF LAW in Support re: #4 MOTION to Seal . . Document filed by Republic of Guatemala..(Kassa, Bethel)
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Filing 4
MOTION to Seal . Document filed by Republic of Guatemala. (Attachments: #1 Affidavit Affidavit in support of the motion to file under seal, #2 Text of Proposed Order Proposed order, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 7, #6 Exhibit 9, #7 Exhibit 11, #8 Exhibit 12, #9 Exhibit 13, #10 Exhibit B, #11 Exhibit C, #12 Exhibit D).(Kassa, Bethel)
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Filing 3
CIVIL COVER SHEET filed..(Kassa, Bethel)
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Filing 2
BRIEF re: #1 Petition (Other), to Recognize Arbitration Award. Document filed by Republic of Guatemala..(Kassa, Bethel)
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Filing 1
PETITION TO RECOGNIZE ARBITRATION AWARD..Document filed by Republic of Guatemala. (Attachments: #1 Text of Proposed Order Proposed order, #2 Affidavit Transmittal affidavit, #3 Affidavit Declaration of Alexander Salvador Cutz Calderon, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 6, #8 Exhibit 8, #9 Exhibit 10, #10 Exhibit 14, #11 Exhibit 15, #12 Exhibit 16, #13 Exhibit 17, #14 Exhibit 18).(Kassa, Bethel)
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| Petitioner: Republic of Guatemala | |
| Represented By: | Bethel Kassa |
| Represented By: | Rodney Quinn Smith, II |
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| Respondent: IC Power Asia Development Ltd. | |
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