Preble-Rish Haiti, S.A. v. Republic of Haiti et al
| Preble-Rish Haiti, S.A. |
| Republic of Haiti and Bureau De Monetisation Des Programmes D'Aide Au Developpement |
| 1:2022cv07503 |
| September 1, 2022 |
| US District Court for the Southern District of New York |
| P Kevin Castel |
| Contract: Marine |
| 09 U.S.C. § 201 Enforcement of Convention |
| None |
Docket Report
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Filing 40
CLERK CERTIFICATE OF MAILING of two copies of the Petition to Confirm Final Award 22-cv-7503, Summons ROH, Notice of Suit (attached to each of which is a copy of the Foreign Sovereign Immunities Act); French Petition to Confirm Final Award, French Summons, French Notice of Suit, Certificate of Accuracy Translation mailed to DEFENDANT Republic of Haiti Embassy 2311 Massachusetts Ave., N.W., Washington, D.C. 20008 by dispatch to the Secretary of State, Attn: Jared Hess, Office of Policy Review and Inter-Agency Liaison (CA/OCS/L), U.S. Department of State, SA-17, 10th Floor, 2201 C Street NW, Washington, DC 20522, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(a)(4), on 10/26/2022 by Federal Express tracking # 8032 4812 8728.(ehn) (Main Document 40 replaced on 10/26/2022) (ehn).
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Filing 39
REPLY MEMORANDUM OF LAW in Support re: #34 Order to Show Cause,,, Set Deadlines/Hearings,, #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration, #30 Proposed Order to Show Cause Without Emergency Relief / Petitioner's Reply Memorandum of Law in Further Support of the Petition to Recognize, Confirm and Enforce the Final Arbitration Award and for Entry of Judgment and in Opposition to Republic of Haiti's Cross-Motion to Dismiss the Petition or, in the Alternative, to Vacate the Arbitration Award. Document filed by Preble-Rish Haiti, S.A...(Bennett, William)
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Filing 38
DECLARATION of William R. Bennett, Esq. in Support re: #34 Order to Show Cause,,, Set Deadlines/Hearings,, #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration, #30 Proposed Order to Show Cause Without Emergency Relief. Document filed by Preble-Rish Haiti, S.A.. (Attachments: #1 Exhibit A-1 - ROH December 22, 2020 Petition to Stay Arbitration, #2 Exhibit A-2 - Memorandum of Law in Support of ROHs December 22, 2020 Petition to Stay Arbitration, #3 Exhibit B - January 15, 2021 Verification of Fils Aim Ignace Saint-Fleur, #4 Exhibit C - January 20, 2021 affidavit of Bernard Gousse, #5 Exhibit D - July 16, 2021 email Harris Bricken sent to the arbitration Panel, #6 Exhibit E - July 18, 2021 email from Harris Bricken to Panel, #7 Exhibit F - July 22, 2021 letter Harris Bricken wrote to the Panel, #8 Exhibit G - September 9, 2021 email from Harris Bricken to Panel, #9 Exhibit H - February 23, 2022 Letter to Arbitrators (without attachments), #10 Exhibit I - September 16, 2022 Letter to Clerk - Received copy, #11 Exhibit J - February 22, 2022 Letter HB to 2nd CIr re not representing Republic of Haiti, #12 Exhibit K - October 6, 2022 Service by Special Arrangement, #13 Exhibit L - October 7, 2022 Ltr to SDNY Clerk - 2nd ROH Foreign Service (received), #14 Exhibit M - October 20, 2022 Ltr to SDNY Clerck - State Dept Service, #15 Exhibit N - March 24, 2022 letter Madsen Law PC and Schlam Stone & Dolan LLP submitted to the Panel (without exhibits)).(Bennett, William)
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Filing 37
CLERK CERTIFICATE OF MAILING of one copy of the Notice of Suit, Summons to ROH [Dkt. 14], PRHs Petition to Confirm Arbitration Award [Dkt. 1], Declaration of William Bennett, with attached Corrected Final Arbitration Award [Dkt. 6], Order to Show Cause [Dkt. 10], Notice of Suit French Translation, Summons to ROH French Translation, PRHs Petition to Confirm Arbitration Award French Translation, Certificate of Accuracy for French Translations mailed to DEFENDANT Haitian Foreign Minister Jean Victor Geneus Ministere des Affaires Etrangeres et des Cultes de la Republique d'Haiti Jean Victor Geneus 5A Delmas 60, Musseau Port-au-Prince, Haiti on 10/14/2022 by Federal Express tracking # 2788 5994 2545, to the head of the ministry of foreign affairs, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(a)(3).(amf)
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Filing 36
ORDER: granting #35 Letter Motion for Extension of Time to File Response/Reply re #35 JOINT LETTER MOTION for Extension of Time to File Response/Reply as to #34 Order to Show Cause, Set Deadlines/Hearings, #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration, #30 Proposed Order to Show Cause Without Emergency Relief. Proposed schedule is approved. SO ORDERED. Responses due by 10/25/2022 Replies due by 11/8/2022. (Signed by Judge P. Kevin Castel on 10/06/2022) (ama)
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Filing 35
JOINT LETTER MOTION for Extension of Time to File Response/Reply as to #34 Order to Show Cause,,, Set Deadlines/Hearings,, #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration, #30 Proposed Order to Show Cause Without Emergency Relief . Letter respectfully requesting that the agreed-upon briefing schedule be so ordered, addressed to Judge P. Kevin Castel from William R. Bennett, III, Esq. dated October 5, 2022. Document filed by Preble-Rish Haiti, S.A...(Bennett, William)
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Filing 34
ORDER TO SHOW CAUSE: LET Petitioner Preble-Rish Haiti, S.A. ("Preble-Rish") and Respondent Bureau de Monetisation des Programmes d'Aide au Developpement ("BMPAD") show cause before this Court, in writing by October 25, 2022. IT IS FURTHER ORDERED, that reply papers in further support of the Republic's cross-motion, if any, shall be filed electronically on CM/ECF on or before November 8, 2022. And as set forth herein. SO ORDERED., ( Replies due by 11/8/2022.) Show Cause Response due by 10/25/2022. (Signed by Judge P. Kevin Castel on 10/04/2022) (ama)
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Filing 33
MEMORANDUM OF LAW in Support re: #30 Proposed Order to Show Cause Without Emergency Relief . Document filed by Republic of Haiti..(Wolstein, Elizabeth)
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Filing 32
DECLARATION of Michel Patrick Boisvert in Support re: #30 Proposed Order to Show Cause Without Emergency Relief. Document filed by Republic of Haiti. (Attachments: #1 Exhibit Le Moniteaur dated March 16, 1987, #2 Exhibit Le Moniteaur dated January 4, 2008, #3 Exhibit Exhibit AAA, #4 Exhibit Exhibit BBB).(Wolstein, Elizabeth)
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Filing 31
DECLARATION of Elizabeth Wolstein in Support re: #30 Proposed Order to Show Cause Without Emergency Relief. Document filed by Republic of Haiti. (Attachments: #1 Exhibit English Translation, #2 Exhibit French Translation, #3 Exhibit English Translation, #4 Exhibit French Translation, #5 Exhibit English Translation, #6 Exhibit French Translation, #7 Exhibit Order dated January 26, 2022, #8 Exhibit Statement of Defense, Counter-Claims, Reservation of Rights dated April 23, 2021, #9 Exhibit Partial Final Award dated August 6, 2021, #10 Exhibit Amended Statement of Defense Counterclaims Reservation of Rights dated October 26, 2021, #11 Exhibit Letter from Madsen and Schlam Stone to Arbitrators dated February 23, 2022, #12 Exhibit Letter from Madsen and Schlam Stone to Arbitrators dated March 24, 2022, #13 Exhibit Preble-Rish Response Letter to Panel dated March 14, 2022, #14 Exhibit Preble-Rish Response Letter to Panel dated March 25, 2022, #15 Exhibit Federal Express Tracking of Two Packages, #16 Exhibit Corrected Final Arbitration Award dated August 23, 2022, #17 Exhibit Affirmation of Josue Leconte in Opposition to Motion to Vacate Attachment dated July 29, 2021).(Wolstein, Elizabeth)
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Filing 30
PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Republic of Haiti. Related Document Number: 05 ..(Wolstein, Elizabeth) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
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***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #30 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (tp)
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Filing 29
FILING ERROR - DEFICIENT DOCKET ENTRY (LINKED TO A DEFICIENT ENTRY) - MEMORANDUM OF LAW in Support re: #26 MOTION to Dismiss Petition, or in the alternative. MOTION to Vacate Arbitration Award. . Document filed by Republic of Haiti..(Wolstein, Elizabeth) Modified on 10/3/2022 (lb).
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Filing 28
FILING ERROR - DEFICIENT DOCKET ENTRY (LINKED TO A DEFICIENT ENTRY) - DECLARATION of Michel Patrick Boisvert in Support re: #26 MOTION to Dismiss Petition, or in the alternative. MOTION to Vacate Arbitration Award.. Document filed by Republic of Haiti. (Attachments: #1 Exhibit Le Moniteaur dated March 16, 1987, #2 Exhibit Le Moniteaur dated January 4, 2008, #3 Exhibit Exhibit AAA, #4 Exhibit Exhibit BBB).(Wolstein, Elizabeth) Modified on 10/3/2022 (lb).
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Filing 27
FILING ERROR - DEFICIENT DOCKET ENTRY (LINKED TO A DEFICIENT ENTRY) - DECLARATION of Elizabeth Wolstein in Support re: #26 MOTION to Dismiss Petition, or in the alternative. MOTION to Vacate Arbitration Award.. Document filed by Republic of Haiti. (Attachments: #1 Exhibit English Translation, #2 Exhibit French Translation, #3 Exhibit English Translation, #4 Exhibit French Translation, #5 Exhibit English Translation, #6 Exhibit French Translation, #7 Exhibit Order dated January 26, 2022, #8 Exhibit Statement of Defense, Counter-Claims, Reservation of Rights dated April 23, 2021, #9 Exhibit Partial Final Award dated August 6, 2021, #10 Exhibit Amended Statement of Defense Counterclaims Reservation of Rights dated October 26, 2021, #11 Exhibit Letter from Madsen and Schlam Stone to Arbitrators dated February 23, 2022, #12 Exhibit Letter from Madsen and Schlam Stone to Arbitrators dated March 24, 2022, #13 Exhibit Preble-Rish Response Letter to Panel dated March 14, 2022, #14 Exhibit Preble-Rish Response Letter to Panel dated March 25, 2022, #15 Exhibit Federal Express Tracking of Two Packages, #16 Exhibit Final Arbitration Award dated August 23, 2022, #17 Exhibit Affirmation of Josue Leconte in Opposition to Motion to Vacate Attachment dated July 29, 2021).(Wolstein, Elizabeth) Modified on 10/3/2022 (lb).
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Filing 26
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Dismiss Petition, or in the alternative., MOTION to Vacate Arbitration Award. Document filed by Republic of Haiti..(Wolstein, Elizabeth) Modified on 10/3/2022 (lb).
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Filing 25
NOTICE OF APPEARANCE by Bertrand Rolf Madsen on behalf of Republic of Haiti..(Madsen, Bertrand)
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Filing 24
ORDER: granting #22 Letter Motion for Leave to File Document. Application GRANTED. SO ORDERED. (Signed by Judge P. Kevin Castel on 9/29/2022) (ama)
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Filing 23
LETTER RESPONSE in Opposition to Motion addressed to Judge P. Kevin Castel from William R. Bennett, III, Esq. dated September 29, 2022 re: #22 LETTER MOTION for Leave to File oversized memorandum of law of no more than 35 pages addressed to Judge P. Kevin Castel from Elizabeth Wolstein dated 9/29/2022. . Document filed by Preble-Rish Haiti, S.A...(Bennett, William)
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Filing 22
LETTER MOTION for Leave to File oversized memorandum of law of no more than 35 pages addressed to Judge P. Kevin Castel from Elizabeth Wolstein dated 9/29/2022. Document filed by Republic of Haiti..(Wolstein, Elizabeth)
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Filing 21
CLERK CERTIFICATE OF MAILING of one copy of the Notice of Suit, Summons to ROH [Dkt. 14], PRHs Petition to Confirm Arbitration Award [Dkt. 1], Declaration of William Bennett, with attached Corrected Final Arbitration Award [Dkt. 6], Order to Show Cause [Dkt. 10], Notice of Suit French Translation, Summons to ROH French Translation, PRHs Petition to Confirm Arbitration Award French Translation, Certificate of Accuracy for French Translations mailed to DEFENDANT Haitian Foreign Minister Jean Victor Geneus Ministere des Affaires Etrangeres et des Cultes de la Republique d'Haiti Jean Victor Geneus 5A Delmas 60, Musseau Port-au-Prince, Haiti on 9/20/2022 by Federal Express tracking # 2780 2494 5982, to the head of the ministry of foreign affairs, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(a)(3).(amf)
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Filing 20
CLERK CERTIFICATE OF MAILING of one copy of the Notice of Suit, Summons to BMPAD [Dkt. 15], PRHs Petition to Confirm Arbitration Award [Dkt. 1], Declaration of William Bennett, with attached Corrected Final Arbitration Award [Dkt. 16], Order to Show Cause [Dkt. 10], Notice of Suit French Translation, Summons to BMPAD French Translation, PRHs Petition to Confirm Arbitration Award French Translation, Certificate of Accuracy for French Translations mailed to DEFENDANT Fils Aime Ignace Saint Fleur Director General of the Bureau De Monetisation De Programmes DAide Au Developpement No.12 Boulevard Harry Truman Port-au-Prince, Haiti on 09/20/2022 by Federal Express tracking # 2780 2857 4880, 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).(ehn)
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Filing 19
CLERK CERTIFICATE OF MAILING of one copy of the Notice of Suit, Summons to BMPAD [Dkt. 16], PRHs Petition to Confirm Arbitration Award [Dkt. 1], Declaration of William Bennett, with attached Corrected Final Arbitration Award [Dkt. 6], Order to Show Cause [Dkt. 10], Notice of Suit French Translation, Summons to Consulate General French Translation, PRHs Petition to Confirm Arbitration Award French Translation, Certificate of Accuracy for French Translations mailed to DEFENDANT Bureau De Monetisation De Programmes DAide Au Developpement General Consulate of Haiti 815 2nd Avenue, 6th Floor New York, NY 10017 on 9/20/2022 by Federal Express tracking # 2780 2467 5678, 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).(amf)
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Filing 18
ORDER: granting #17 Letter Motion for Extension of Time to Answer re #17 LETTER MOTION for Extension of Time to File Answer re: #10 Order to Show Cause, Set Deadlines/Hearings, addressed to Judge P. Kevin Castel from Elizabeth Wolstein dated September 19, 2022. Application Granted. SO ORDERED. Republic of Haiti answer due 9/30/2022. (Signed by Judge P. Kevin Castel on 9/19/2022) (ama)
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Filing 17
LETTER MOTION for Extension of Time to File Answer re: #10 Order to Show Cause,,,,,,, Set Deadlines/Hearings,,,,,, addressed to Judge P. Kevin Castel from Elizabeth Wolstein dated September 19, 2022. Document filed by Republic of Haiti..(Wolstein, Elizabeth)
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Set/Reset Deadlines: Responses due by 9/30/2022 Replies due by 10/14/2022. (ama)
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Filing 16
ELECTRONIC SUMMONS ISSUED as to Bureau De Monetisation Des Programmes D'Aide Au Developpement..(gp)
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Filing 15
ELECTRONIC SUMMONS ISSUED as to Bureau De Monetisation Des Programmes D'Aide Au Developpement..(gp)
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Filing 14
ELECTRONIC SUMMONS ISSUED as to Republic of Haiti..(gp)
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Filing 13
REQUEST FOR ISSUANCE OF SUMMONS as to Bureau De Monetisation Des Programmes D'Aide Au Developpment c/o The Consulate General of Haiti in New York, re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration. Document filed by Preble-Rish Haiti, S.A...(Bennett, William)
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Filing 12
REQUEST FOR ISSUANCE OF SUMMONS as to Bureau De Monetisation Des Programmes D'Aide Au Developpment, re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration. Document filed by Preble-Rish Haiti, S.A...(Bennett, William)
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Filing 11
REQUEST FOR ISSUANCE OF SUMMONS as to Republic of Haiti, re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration. Document filed by Preble-Rish Haiti, S.A...(Bennett, William)
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Filing 10
ORDER TO SHOW CAUSE: IT IS on this 2nd day of September 2022, ORDERED that Respondents show cause before this Court, upon written submission, why an Order should not be entered (1) recognizing, confirming and enforcing the Final Awardagainst Respondents, jointly and severally, pursuant to the New York Convention and FAA; (2) for the entry of judgment thereon; and (3) granting PRH such other and further relief as the Court may deem just and appropriate; and 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 BMPAD's counsel, HarrisBricken Sliwoski, LLP (attn: John B. McDonald, john.mcdonald@harrisbricken.com; Dan Harris, dan@harrisbricken.com; and Jihee Ahn jihee@harrisbricken.com) and the ROHs counsel Madsen Law P.C. (attn: Bertrand Rolf Madsen, bmadsen@madsenlawpc.com) and Schlam Stone & Dolan LLP (attn: Elizabeth Wolstein, ewolstein@schlamstone.com; David J Goldsmith, dgoldsmith@schlamstone.com and Samuel Lucien Butt, sbutt@schlamstone.com) on or before September 6, 2022 at 2 p.m., shall be deemed good and sufficient service; and IT IS FURTHER ORDERED, that answering papers, if any, are to be filed electronically on CM/ECF on or before September 23, 2022; IT IS FURTHER ORDERED, that reply papers, if any, are to be filed electronically on CM/ECF on or before October 7, 2022. PRH has made no prior application for the requested relief. SO ORDERED., ( Replies due by 10/7/2022.) Show Cause Response due by 9/23/2022. (Signed by Judge P. Kevin Castel on 9/02/2022) (ama)
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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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CASE ACCEPTED AS RELATED. Create association to 1:21-cv-04960-PKC. Notice of Assignment to follow. (vba)
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Magistrate Judge Jennifer Willis 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. (vba)
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***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #5 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (km)
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NOTICE OF CASE REASSIGNMENT to Judge P. Kevin Castel. Judge Unassigned is no longer assigned to the case. (vba)
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Filing 7
MEMORANDUM OF LAW in Support re: #5 Proposed Order to Show Cause With Emergency Relief . Document filed by Preble-Rish Haiti, S.A...(Bennett, William)
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Filing 6
DECLARATION of William R. Bennett, III in Support re: #5 Proposed Order to Show Cause With Emergency Relief. Document filed by Preble-Rish Haiti, S.A.. (Attachments: #1 Exhibit A - Corrected Final Arbitration Award).(Bennett, William)
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Filing 5
PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Preble-Rish Haiti, S.A.. Related Document Number: #1 ..(Bennett, William) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
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Filing 4
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Preble-Rish Haiti, S.A...(Bennett, William)
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Filing 3
STATEMENT OF RELATEDNESS re: that this action be filed as related to 21cv6704; 21cv4960; 21cv9040 (PKC). Document filed by Preble-Rish Haiti, S.A...(Bennett, William)
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Filing 2
CIVIL COVER SHEET filed..(Bennett, William)
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Filing 1
PETITION TO Confirm ARBITRATION. (Filing Fee $ 402.00, Receipt Number ANYSDC-26626308).Document filed by Preble-Rish Haiti, S.A...(Bennett, William)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (vf)
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CASE REFERRED TO Judge P. Kevin Castel as possibly related to 21cv4960 (vf) Modified on 9/1/2022 (vf).
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Case Designated ECF. (vf)
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