WCT Inc. v. Republic of India et al
| WCT Inc. |
| Republic of India, Ministry of External Affairs and The Embassy of India Washington, D.C. |
| State Bank of India, New York Branch |
| 1:2022cv06340 |
| July 26, 2022 |
| US District Court for the Southern District of New York |
| Vernon S Broderick |
| Contract: Other |
| 28 U.S.C. § 1330 Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on September 22, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 46 LETTER MOTION for Extension of Time addressed to Judge Vernon S. Broderick from Natalie A. Napierala dated September 22, 2022. Document filed by State Bank of India, New York Branch..(Napierala, Natalie) |
Filing 45
MEMO ENDORSEMENT on re: #44 Letter filed by WCT Inc.. ENDORSEMENT: APPLICATION GRANTED. Plaintiff's reply is to be filed by September 30, 2022, and the hearing on Plaintiff's Order to Show Cause is adjourned sine die. If Plaintiff is not ready to file their reply by September 30, 2022 because of the Injunction from the High Court of New Delhi, Plaintiff is ordered to update the Court on the status of their motion for Vacation of the Stay and Modification of the Indian Anti-Suit Injunction and justify why the Court should not stay these proceedings while waiting for the resolution of the action before the High Court of New Delhi. SO ORDERED. (Replies due by 9/30/2022.) (Signed by Judge Vernon S. Broderick on 9/16/2022) (kv)
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| Filing 44 LETTER addressed to Judge Vernon S. Broderick from Thomas E. Butler, Esq. dated September 14, 2022 re: Adjournment of Plaintiff's Reply. Document filed by WCT Inc...(Butler, Thomas) |
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Filing 43
MEMO ENDORSEMENT on re: #42 Letter, filed by WCT Inc.. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Replies due by 9/16/2022.) (Signed by Judge Vernon S. Broderick on 9/9/2022) (kv)
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| Filing 42 LETTER addressed to Judge Vernon S. Broderick from Thomas E. Butler dated September 7, 2022 re: Requests WCTs date for service of its Reply in further support of its Motion for a Preliminary Injunction be adjourned for one week, from September 9 to September 16, 2022. Document filed by WCT Inc...(Butler, Thomas) |
| Filing 41 DECLARATION of Matthew K. Morantz in Opposition re: #34 LETTER MOTION for Extension of Time to Respond to Plaintiff's Motion for Preliminary Injunction and Adjournment of August 24, 2022 Hearing addressed to Judge Vernon S. Broderick from Joshua M. Bennett dated August 19, 2022.. Document filed by Ministry of External Affairs, Republic of India, The Embassy of India Washington, D.C.. (Attachments: #1 Exhibit 1 [WCT Inc. Entity Information], #2 Exhibit 2 [2020.08.19 Urgent Application & Notice of Motion] - Part 1, #3 Exhibit 2 [2020.08.19 Urgent Application & Notice of Motion] - Part 2, #4 Exhibit 2 [2020.08.19 Urgent Application & Notice of Motion] - Part 3, #5 Exhibit 2 [2020.08.19 Urgent Application & Notice of Motion] - Part 4, #6 Exhibit 3 [2020.08.25 Order], #7 Exhibit 4 [2020.08.31 Order], #8 Exhibit 5 [2020.10.07 Short Affidavit on behalf of Respondent], #9 Exhibit 6 [2020.10.09 Counter Affidavit on behalf of Respondent 2], #10 Exhibit 7 [2021.03.04 Order], #11 Exhibit 8 [2022.05.18 Order], #12 Exhibit 9 [2020.06.09 Order], #13 Exhibit 10 [2020.08.04 Urgent Application & Notice of Motion] - Part 1, #14 Exhibit 10 [2020.08.04 Urgent Application & Notice of Motion] - Part 2, #15 Exhibit 10 [2020.08.04 Urgent Application & Notice of Motion] - Part 3, #16 Exhibit 10 [2020.08.04 Urgent Application & Notice of Motion] - Part 4, #17 Exhibit 11 [2020.08.14 Counter Affidavit on behalf of Respondent 2] - Part 1, #18 Exhibit 11 [2020.08.14 Counter Affidavit on behalf of Respondent 2] - Part 2, #19 Exhibit 11 [2020.08.14 Counter Affidavit on behalf of Respondent 2] - Part 3, #20 Exhibit 11 [2020.08.14 Counter Affidavit on behalf of Respondent 2] - Part 4, #21 Exhibit 12 [2020.08.31 Order], #22 Exhibit 13 [2020.10.07 Short Affidavit on behalf of Respondent], #23 Exhibit 14 [2021.01.21 Counter Affidavit on behalf of Respondent 2], #24 Exhibit 15 [2021.03.04 Order], #25 Exhibit 16 [2022.05.18 Order], #26 Exhibit 17 [2022.08.16 Urgent Application] - Part 1, #27 Exhibit 17 [2022.08.16 Urgent Application] - Part 2, #28 Exhibit 17 [2022.08.16 Urgent Application] - Part 3, #29 Exhibit 18 [2022.08.18 Order], #30 Exhibit 19 [Master Director Information - Sonia Boveja], #31 Exhibit 20 [Master Information of WCT India], #32 Exhibit 21 [2020.08.07 Order]).(Morantz, Matthew) |
| Filing 40 MEMORANDUM OF LAW in Opposition re: #34 LETTER MOTION for Extension of Time to Respond to Plaintiff's Motion for Preliminary Injunction and Adjournment of August 24, 2022 Hearing addressed to Judge Vernon S. Broderick from Joshua M. Bennett dated August 19, 2022. . Document filed by Ministry of External Affairs, Republic of India, The Embassy of India Washington, D.C...(Bliss, James) |
| Filing 39 NOTICE OF APPEARANCE by Matthew Kyle Morantz on behalf of Ministry of External Affairs, Republic of India, The Embassy of India Washington, D.C...(Morantz, Matthew) |
| Filing 38 NOTICE OF APPEARANCE by James Robert Bliss on behalf of Ministry of External Affairs, Republic of India, The Embassy of India Washington, D.C...(Bliss, James) |
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Filing 37
ORDER: In light of the Court's scheduling conflicts, it is: ORDERED that the hearing for Defendants to show cause currently scheduled for September 14, 2022 at 1:00pm is adjourned to September 19, 2022 at 1:00pm. The dial-in is 888- 363-4749 and the conference code is 2682448. Telephone Conference set for 9/19/2022 at 01:00 PM before Judge Vernon S. Broderick. (Signed by Judge Vernon S. Broderick on 9/1/2022) (kv)
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Filing 36
ORDER granting #34 Letter Motion for Extension of Time. APPLICATION GRANTED. The hearing on Plaintiff's Order to Show Cause is rescheduled to September 14, 2022 at 1:00pm. SO ORDERED.. (Signed by Judge Vernon S. Broderick on 8/22/2022) (kv)
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| Set/Reset Deadlines: ( Responses due by 9/2/2022, Replies due by 9/9/2022.), Set/Reset Hearings:( Show Cause Hearing set for 9/14/2022 at 01:00 PM before Judge Vernon S. Broderick.) (kv) |
| Filing 35 CERTIFICATE OF SERVICE of Order to Show Cause dated July 28, 2022 served on Republic of India, The Embassy of India Washington, D.C., and Ministry of External Affairs Through The Embassy of India, Washington, D.C., Defendants and State Bank of India, New York Branch, Nominal Defendant on 7.28.2022. Service was accepted by State Bank of India, New York Branch received by Suhaib Ahmed, Manager. Document filed by WCT Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F).(Butler, Thomas) |
| Filing 34 LETTER MOTION for Extension of Time to Respond to Plaintiff's Motion for Preliminary Injunction and Adjournment of August 24, 2022 Hearing addressed to Judge Vernon S. Broderick from Joshua M. Bennett dated August 19, 2022. Document filed by Ministry of External Affairs, Republic of India, The Embassy of India Washington, D.C.. (Attachments: #1 Exhibit A - Aug. 18, 2022 Order of Delhi High Court).(Bennett, Joshua) |
| Filing 33 NOTICE OF APPEARANCE by Joshua Michael Bennett on behalf of Ministry of External Affairs, Republic of India, The Embassy of India Washington, D.C...(Bennett, Joshua) |
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Filing 32
ORDER: Accordingly, it is hereby: ORDERED that, no later than August 19, 2022, Plaintiff shall file an affidavit of service showing that good and sufficient service of the Order to Show Cause for Preliminary Injunction and Temporary Restraining Order has been served upon Defendants Republic of India; the Ministry of External Affairs and the Embassy of India; and Nominal Defendant State Bank of India, New York Branch. IT IS FURTHER ORDERED, in light of the fact that affidavits of service have not been filed, that the hearing for Defendants to show cause currently scheduled for August 19, 2022 at 2:00pm is adjourned to August 24, 2022 at 1:00pm. The dial-in is 888-363-4749 and the conference code is 2682448. Show Cause Hearing set for 8/24/2022 at 01:00 PM before Judge Vernon S. Broderick. (Signed by Judge Vernon S. Broderick on 8/17/2022) (tro)
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| Filing 31 LETTER addressed to Judge Vernon S. Broderick from Thomas E. Butler dated 8.16.2022 re: Request for Sur-Repky by State Bank of India, New York Branch [ECF 30]. Document filed by WCT Inc...(Butler, Thomas) |
| Filing 30 LETTER addressed to Judge Vernon S. Broderick from Natalie A. Napierala dated August 16, 2022 re: Request for Sur-Reply. Document filed by State Bank of India, New York Branch..(Napierala, Natalie) |
| Filing 29 REPLY MEMORANDUM OF LAW in Support /Further Support of Preliminary Injunction. Document filed by WCT Inc...(Butler, Thomas) |
| Filing 28 DECLARATION of Thomas E. Butler in Support re: #27 Letter,. Document filed by WCT Inc.. (Attachments: #1 Exhibit A - Federal Deposit Insurance Corp. webpage, #2 Exhibit B - NYS Department of Finance, #3 Exhibit C - Affidavit of Service).(Butler, Thomas) |
| Filing 27 LETTER addressed to Judge Vernon S. Broderick from Natalie A. Napierala dated August 5, 2022 re: Nominal Defendant State Bank of India's New York branch response to Order to Show Cause. Document filed by State Bank of India, New York Branch..(Napierala, Natalie) |
| Filing 26 NOTICE OF APPEARANCE by Michael David Sloan on behalf of State Bank of India, New York Branch..(Sloan, Michael) |
| Filing 25 NOTICE OF APPEARANCE by Natalie Ann Napierala on behalf of State Bank of India, New York Branch..(Napierala, Natalie) |
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Filing 24
ORDER, Due to a conflict on the Court's calendar, it is hereby: ORDERED that the hearing for Defendants to show cause currently scheduled for August 16, 2022 at 4:00 p.m. is adjourned to August 19, 2022 at 2:00 p.m. The dial-in is 888-363-4749 and the conference code is 2682448. All other deadlines in the Order to Show Cause, (Doc. 23), remain. SO ORDERED. (Telephone Conference set for 8/19/2022 at 02:00 PM before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 8/2/2022) (kv)
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Filing 23
ORDER TO SHOW CAUSE PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER, Upon the Declaration of Sonia Boveja, dated the 22nd day of July, 2022, and Exhibits thereto, and the Declaration of Thomas E. Butler, dated the 26th day of July, 2022, and upon the copy of the Complaint in this action, it is hereby ORDRED, that the above named Defendants and Nominal Defendant show cause in this Court, via telephonic conference, dial-in 888-363-4749, access code 2682448, on August 16, 2022 at 4:00 o'clock in the afternoon thereof, or as soon thereafter as counsel may be heard, why an order should not be issued pursuant to Rule 65 of the Federal Rules of Civil Procedure enjoining the Defendants during the pendcncy of this action from: (i) drawing on the certain bank guarantees issued by State Bank of India Bank, New York Branch on or about March 10, 2020, copies of which are attached hereto, or otherwise utilizing the collateral supporting the same; and (ii) restraining and enjoining the Nominal Defendant from accepting or honoring any request to draw on certain bank guarantees issued by the State Bank of India, New York Branch on or about March 10, 2020, copies of which are attached hereto, or otherwise utilizing the collateral in support of the same during the pendency of this action; and it is further ORDERED that service of a copy of this order and the papers in support upon the Defendant Republic of India at judicial-dla@nic.in, rksrivastava.dla@nic.in, and sureshchandra@nic.in.; Defendants the Ministry of External Affairs and the Embassy of India at amb.washington@mea.gov.in, jscpv@mea.gov.in, and consultant.cpv@mea.gov.in; and Nominal Defendant at mgrlc.nyb@statebank.com, and rep.washington@stalebank.com, on or before 5:00 o'clock in the afternoon, July 29, 2022 shall be deemed good and sufficient service thereof. IT IS FURTHER ORDERED that any papers in opposition to Plaintiff's motion for a preliminary injunction be filed on ECF on or before August 5, 2022. Any reply papers in further support of Plaintiff's motion for a preliminary injunction are further ordered to be filed on ECF on or before August 12, 2022. (Responses due by 8/5/2022, Replies due by 8/12/2022., Telephone Conference set for 8/16/2022 at 04:00 PM before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 7/28/2022) (kv)
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| Filing 22 MEMORANDUM OF LAW in Support re: #20 Declaration in Support, #18 Complaint, #21 Declaration in Support, #19 Proposed Order to Show Cause With Emergency Relief . Document filed by WCT Inc...(Butler, Thomas) |
| Filing 21 DECLARATION of Thomas E. Butler in Support re: #20 Declaration in Support, #18 Complaint, #19 Proposed Order to Show Cause With Emergency Relief. Document filed by WCT Inc.. (Attachments: #1 Exhibit Complaint).(Butler, Thomas) |
| Filing 20 DECLARATION of Sonia Boveja in Support re: #18 Complaint, #19 Proposed Order to Show Cause With Emergency Relief. Document filed by WCT Inc.. (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).(Butler, Thomas) |
| Filing 19 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by WCT Inc.. Related Document Number: #1 ..(Butler, Thomas) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 18 COMPLAINT against Ministry of External Affairs, Republic of India, State Bank of India, New York Branch, The Embassy of India Washington, D.C.. Document filed by WCT Inc...(Butler, Thomas) |
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Filing 17
ORDER re: #9 Declaration in Support filed by WCT Inc., #8 Proposed Order to Show Cause With Emergency Relief filed by WCT Inc., #11 Memorandum of Law in Support filed by WCT Inc., #10 Declaration in Support filed by WCT Inc., #1 Complaint filed by WCT Inc.. Accordingly, it is hereby: ORDERED that, if Plaintiff wishes the Court to consider its motion, Plaintiff refile all the previously mentioned documents in the required format, (Docs. 1, 8-11), on or before July 28, 2022. Plaintiff is further ordered that any future documents filed in this action comply with the Southern District of New York Electronic Case Filing Rules & Instructions. SO ORDERED. (Signed by Judge Vernon S. Broderick on 7/27/2022) (kv)
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| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #19 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (km) |
| Filing 16 CIVIL COVER SHEET filed..(Butler, Thomas) |
| Filing 15 ELECTRONIC SUMMONS ISSUED as to Ministry of External Affairs..(gp) |
| Filing 14 ELECTRONIC SUMMONS ISSUED as to Republic of India..(gp) |
| Filing 13 ELECTRONIC SUMMONS ISSUED as to State Bank of India, New York Branch..(gp) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to The Embassy of India Washington, D.C...(gp) |
| Filing 11 MEMORANDUM OF LAW in Support re: #9 Declaration in Support, #8 Proposed Order to Show Cause With Emergency Relief, #10 Declaration in Support . Document filed by WCT Inc...(Butler, Thomas) |
| Filing 10 DECLARATION of Thomas E. Butler in Support. Document filed by WCT Inc.. (Attachments: #1 Exhibit Complaint).(Butler, Thomas) |
| Filing 9 DECLARATION of Sonia Boveja in Support. Document filed by WCT Inc.. (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).(Butler, Thomas) |
| Filing 8 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by WCT Inc.. Related Document Number: #1 ..(Butler, Thomas) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by WCT Inc...(Butler, Thomas) |
| Filing 6 FILING ERROR - DEFICIENT - SIGNATURE ERROR - CIVIL COVER SHEET filed..(Butler, Thomas) Modified on 7/26/2022 (vf). |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to The Embassy of India of Washington D.C, re: #1 Complaint. Document filed by WCT Inc. .(Butler, Thomas) Modified on 7/26/2022 (vf). Modified on 7/26/2022 (gp). Modified on 7/26/2022 (gp). |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to State Bank of India, New York Branch, re: #1 Complaint. Document filed by WTC Inc.(Butler, Thomas) Modified on 7/26/2022 (vf). Modified on 7/26/2022 (gp). |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Republic of India, re: #1 Complaint. Document filed by WCT, Inc..(Butler, Thomas) Modified on 7/26/2022 (vf). Modified on 7/26/2022 (gp). |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Ministry of External Affairs thought the Embassy of India, Washington D.C., re: #1 Complaint. Document filed by WCT, Inc. (Butler, Thomas) Modified on 7/26/2022 (vf). Modified on 7/26/2022 (gp). |
| Filing 1 COMPLAINT against Ministry of External Affairs, Republic of India, State Bank of India, New York Branch, The Embassy of India Washington, D.C.. Document filed by WCT Inc...(Butler, Thomas) |
| Magistrate Judge Valerie Figueredo 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) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #8 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (km) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. 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) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Thomas Edward Butler. The following case opening statistical information was erroneously selected/entered: County code New York; Fee Status code due (due). The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid). (vf) |
| Civil Case Opening Fee Paid electronically via Pay.gov: for #1 Complaint. Filing fee $ 402.00. Pay.gov receipt number ANYSDC-26464059, paid on 7/26/2022..(vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Thomas Edward Butler to RE-FILE Document No. #6 Civil Cover Sheet. The filing is deficient for the following reason(s): Signature Error. The form is not signed. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Thomas Edward Butler. The party information for the following party/parties has been modified: WCT Inc.. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly;. (pc) |
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