Symbion Power Holdings LLC et al v. Bouka et al
| Symbion Power Holdings LLC and Symbion Power, LLC |
| VIMA Real Estate S.A.R.L. |
| Zouzar Bouka and Vision Indian Ocean S.A. |
| 1:2023cv01439 |
| February 21, 2023 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Other Statutes: Arbitration |
| 09 U.S.C. § 205 Removal from State Court: Enforcement of Foreign Arbital Awards |
| None |
Docket Report
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This docket was last retrieved on May 5, 2023. A more recent docket listing may be available from PACER.
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Filing 22
CLERK'S JUDGMENT re: #21 Memorandum & Opinion in favor of VIMA Real Estate S.A.R.L., Vision Indian Ocean S.A., Zouzar Bouka against Symbion Power Holdings LLC, Symbion Power, LLC. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated May 4, 2023, Petitioners' motion to compel arbitration and to enjoin the Respondents from participating in the anti-corruption proceedings in Madagascar is DENIED. As that is the only relief sought in this matter, the case is DISMISSED without prejudice; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 5/5/2023) (Attachments: #1 Appeal Package) (km)
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Filing 21
OPINION AND ORDER: For the foregoing reasons, Petitioners' motion to compel arbitration and to enjoin the Respondents from participating in the anti-corruption proceedings in Madagascar is DENIED. As that is the only relief sought in this matter, the case is DISMISSED without prejudice. The Clerk of Court is respectfully directed to terminate all open motions and to CLOSE the case. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/4/2023) (tg) Transmission to Orders and Judgments Clerk for processing.
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Filing 20
MEMO ENDORSEMENT on re: #19 Letter filed by Symbion Power, LLC, Symbion Power Holdings LLC. ENDORSEMENT Petitioners are ordered to update the Court within two business days of any change of the trial date in the pending foreign proceedings. SO ORDERED. (Signed by Judge Valerie E. Caproni on 4/21/2023) (jca)
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Filing 19
LETTER addressed to Judge Valerie E. Caproni from Christopher M. Chaisson dated 04/20/2023 re: Update on PAC Proceeding. Document filed by Symbion Power Holdings LLC, Symbion Power, LLC..(Chaisson, Christopher)
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Filing 18
MEMO ENDORSEMENT on re: #17 Letter filed by Symbion Power, LLC, Symbion Power Holdings LLC. ENDORSEMENT: The Court takes judicial notice that docket entries 14 and 15 are associated with docket entry 1. SO ORDERED. (Signed by Judge Valerie E. Caproni on 4/6/2023) (tg)
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Filing 17
LETTER addressed to Judge Valerie E. Caproni from Christopher M. Chaisson dated 03/31/2023 re: Docketing Issue. Document filed by Symbion Power Holdings LLC, Symbion Power, LLC..(Chaisson, Christopher)
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Filing 16
LETTER addressed to Judge Valerie E. Caproni from Christopher M. Chaisson dated 03/09/2023 re: Postponement of PAC Proceeding. Document filed by Symbion Power Holdings LLC, Symbion Power, LLC..(Chaisson, Christopher)
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Filing 15
DECLARATION of Philippe Disaine Rakotondramboahova in Support re: #7 LETTER MOTION for Extension of Time to File Response/Reply as to #1 Notice of Removal,,,,,, Letter Application for Extension of Time to Respond or to Set Briefing Schedule In Light of Removal of Action addressed to Judge Valerie E. Capr. Document filed by Symbion Power Holdings LLC, Symbion Power, LLC. (Attachments: #1 Exhibit SPARL Letter to PAC dated 10.31.2022, #2 Exhibit Order for Partial Non-Suit, Requalification and Referral, #3 Exhibit VIMA Application to PAC).(Chaisson, Christopher)
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Filing 14
REPLY MEMORANDUM OF LAW in Support re: #7 LETTER MOTION for Extension of Time to File Response/Reply as to #1 Notice of Removal,,,,,, Letter Application for Extension of Time to Respond or to Set Briefing Schedule In Light of Removal of Action addressed to Judge Valerie E. Capr in Support of Petition to Compel Arbitration.. Document filed by Symbion Power Holdings LLC, Symbion Power, LLC..(Chaisson, Christopher)
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Filing 13
DECLARATION of Joseph M. Sanderson in Opposition re: #1 Notice of Removal,,,,,,. Document filed by Zouzar Bouka, VIMA Real Estate S.A.R.L., Vision Indian Ocean S.A.. (Attachments: #1 Exhibit 1 - Declaration Of Zouzar Bouka In Support Of Ex Parte Application For An Order To Conduct Discovery For Use In A Foreign Proceeding Pursuant To 28 U.S.C. 1782, #2 Exhibit 2 - Exhibit 1 to Bouka Declaration, Joint Venture Agreement Between VIMA Real Estate S.A.R.L. and Symbion Power LLC, #3 Exhibit 3 - Exhibit 2 to Bouka Declaration, Power Purchase Agreement, #4 Exhibit 4 - Exhibit 3 to Bouka Declaration, Production Concession Agreement, #5 Exhibit 5 - Exhibit 4 to Bouka Declaration, Shareholders Agreement with Addenda, #6 Exhibit 6 - Declaration Of Kimberly Gulino In Support Of Ex Parte Application For An Order To Conduct Discovery For Use In A Foreign Proceeding Pursuant To 28 U.S.C. 1782, #7 Exhibit 7 - Exhibit 3 to Gulino Declaration, D.C. Circuit Judgment, #8 Exhibit 8 - Exhibit 4 to Gulino Declaration, S.D.N.Y. Memorandum & Order, #9 Exhibit 9 - Exhibit 5 to Gulino Declaration, Del. Ch. Verified Complaint, #10 Exhibit 10 - Exhibit 7 to Bouka Declaration, Spreadsheet Showing Symbion Intercompany Transfers, #11 Exhibit 11 - Exhibit 8 to Bouka Declaration, Board Minutes, #12 Exhibit 12 - Exhibit 10 to Bouka Declaration, Criminal Complaint for breach of Trust and Misuse of Corporate Assets, #13 Exhibit 13 - Declaration Of Frederika Banks Andrianzanatany In Support Of Ex Parte Application For An Order To Conduct Discovery For Use In A Foreign Proceeding Pursuant To 28 U.S.C. 1782 (First Banks Decl.), #14 Exhibit 14 - Supplemental Declaration Of Zouzar Bouka In Further Support Of An Application For An Order To Conduct Discovery For Use In A Foreign Proceeding Pursuant To 28 U.S.C. 1782, #15 Exhibit 15 - Exhibit 1 to Supplemental Bouka Decl., Email Authorizing Preparation of Criminal Complaint, #16 Exhibit 16 - Exhibit 2 to First Banks Decl., Judgment Sustaining Charges Against Hinks and Referring Them To Trial, #17 Exhibit 17 - Third Declaration Of Frederika Banks Andrianzanatany In Support Of Ex Parte Application For An Order To Conduct Discovery For Use In A Foreign Proceeding Pursuant To 28 U.S.C. 1782 (Third Banks Decl.), #18 Exhibit 18 - Decision of Court of Cassation Rejecting Appeal from Order Affirming Charges Against Hinks and Reinstating Charges Against Comanciu, #19 Exhibit 19 - Second Declaration Of Frederika Banks Andrianzanatany In Further Support Of Applicants Opposition To Intervenors Motion For Reconsideration (Fifth Banks Decl.), #20 Exhibit 20 - Exhibit B to Fifth Banks Decl., Appellate Order, #21 Exhibit 21 - Exhibit C to Fifth Banks Decl., Appellate Submissions, #22 Exhibit 22 - Exhibit A to Fifth Banks Decl., Scheduling Order, #23 Exhibit 23 - 1782 Opinion & Order, #24 Exhibit 24 - Conde Letter, #25 Exhibit 25 - Declaration Of Frederika Banks Andrianzanatany In Support Of Applicants Opposition To Intervenors Motion For Reconsideration (Fourth Banks Decl.), #26 Exhibit 26 - Exhibit A to Fourth Banks Decl., Excerpts of Malagasy Code of Criminal Procedure, #27 Exhibit 27 - Exhibit B to Fourth Banks Decl., VIMAs Application to Join As A Partie Civile to Hinks Prosecution, #28 Exhibit 28 - Prosecutors Affidavit Acknowledging VIMAs Application to Join as a Partie Civile to Hinks Prosecution (English Translation), #29 Exhibit 29 - Prosecutors Affidavit Acknowledging VIMAs Application to Join as a Partie Civile to Hinks Prosecution (French Original), #30 Exhibit 30 - Opinion and Order on Motion for Reconsideration, #31 Exhibit 31 - Declaration of Olivia Rajerison, #32 Exhibit 32 - Letter to Judge Abrams re Marovasa Letter, #33 Exhibit 33 - Email From Mr. Boukas English Counsel to Mr. Hinks English Counsel re Undertaking Not To Use Erroneously Sent Marovasa Letter, #34 Exhibit 34 - Email From Mr. Hinks English Counsel to Mr. Boukas English Counsel Agreeing Marovasa Letter Was Released In Error, #35 Exhibit 35 - Supplemental Declaration Of Frederika Banks Andrianzanatany In Support Of Ex Parte Application For An Order To Conduct Discovery For Use In A Foreign Proceeding Pursuant To 28 U.S.C. 1782 (Second Banks Decl.)).(Sanderson, Joseph)
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Filing 12
DECLARATION of Lillian Khoury in Opposition re: #1 Notice of Removal,,,,,,. Document filed by Zouzar Bouka, VIMA Real Estate S.A.R.L., Vision Indian Ocean S.A...(Mockler, Robert)
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Filing 11
MEMORANDUM OF LAW in Opposition re: #1 Notice of Removal,,,,,, Memorandum of Law in Opposition to Petition to Compel Arbitration. Document filed by Zouzar Bouka, VIMA Real Estate S.A.R.L., Vision Indian Ocean S.A...(Mockler, Robert)
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Filing 10
NOTICE of Filing of Remaining State Court Docket Entries Recently Unsealed In State Court. Exhibit F - Petitioners' AAA Arbitration Demand re: #1 Notice of Removal,,,,,,. Document filed by Zouzar Bouka, VIMA Real Estate S.A.R.L., Vision Indian Ocean S.A.. (Attachments: #1 Exhibit G - Procedural Order No. 10, #2 Exhibit Petitioners' Memo ISO Sealing).(Sanderson, Joseph)
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Filing 9
NOTICE OF APPEARANCE by Christopher Michael Chaisson on behalf of Symbion Power Holdings LLC, Symbion Power, LLC..(Chaisson, Christopher)
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Filing 8
ORDER granting in part and denying in part #7 Letter Motion for Extension of Time to File Response/Reply re #7 LETTER MOTION for Extension of Time to File Response/Reply as to #1 Notice of Removal,,,,,, Letter Application for Extension of Time to Respond or to Set Briefing Schedule In Light of Removal of Action addressed to Judge Valerie E. Capr. Application GRANTED in part. Defendants' deadline to oppose Plaintiffs' motion to compel arbitration is due by no later than March 1, 2023; Plaintiffs' reply, if any, shall be due no later than March 6, 2023. SO ORDERED. Responses due by 3/1/2023 Replies due by 3/6/2023. (Signed by Judge Valerie E. Caproni on 2/22/2023) (tg)
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Filing 7
LETTER MOTION for Extension of Time to File Response/Reply as to #1 Notice of Removal,,,,,, Letter Application for Extension of Time to Respond or to Set Briefing Schedule In Light of Removal of Action addressed to Judge Valerie E. Caproni from Robert W. Mockler dated February 22, 2023. Document filed by Zouzar Bouka, VIMA Real Estate S.A.R.L., Vision Indian Ocean S.A...(Mockler, Robert)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Robert William Mockler. The party information for the following party/parties has been modified: Symbion Power Holdings LLC, Symbion Power, LLC, Zouzar Bouka, VIMA Real Estate S.A.R.L., Vision Indian Ocean S.A.. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly. (vf)
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Magistrate Judge Katharine H. Parker 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 OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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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Filing 6
NOTICE OF APPEARANCE by Joseph Myer Sanderson on behalf of Zouzar Bouka, VIMA Real Estate S.A.R.L., Vision Indian Ocean S.A...(Sanderson, Joseph)
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Filing 5
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Vision Indian Ocean S.A...(Mockler, Robert)
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Filing 4
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by VIMA Real Estate S.A.R.L...(Mockler, Robert)
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Filing 3
STATEMENT OF RELATEDNESS re: that this action be filed as related to 22-mc-92. Document filed by Zouzar Bouka, VIMA Real Estate S.A.R.L., Vision Indian Ocean S.A...(Mockler, Robert)
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Filing 2
CIVIL COVER SHEET filed..(Mockler, Robert)
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Filing 1
NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: 650809/2023. (Filing Fee $ 402.00, Receipt Number ANYSDC-27370803).Document filed by Vision Indian Ocean S.A., Zouzar Bouka, VIMA Real Estate S.A.R.L.. (Attachments: #1 Exhibit Petition to Compel Arbitration, #2 Exhibit Ex. A to Petition to Compel Arbitration - Shareholders' Agreement, #3 Exhibit Ex. B to Petition to Compel Arbitration - Addendum 1 to Shareholders' Agreement, #4 Exhibit Ex. C to Petition to Compel Arbitration - Addendum 2 to Shareholders' Agreement, #5 Exhibit Ex. D to Petition to Compel Arbitration - Addendum 3 to Shareholders' Agreement, #6 Exhibit Ex. E to Petition to Compel Arbitration - Paul Hinks Email to Sandy Oppenheim, #7 Exhibit Ex. H to Petition to Compel Arbitration - Purported Withdrawal Letter, #8 Exhibit Ex. I to Petition to Compel Arbitration - SPARL Withdrawal Letter, #9 Exhibit Petitioners' Proposed OSC With TRO, #10 Exhibit Emergency Affirmation of Christopher Chaisson ISO OSC, #11 Exhibit Petitioners' Memo of Law ISO Petition to Compel Arbitration, #12 Exhibit RJI, #13 Exhibit Comm Div Addendum, #14 Exhibit Order to Show Cause, #15 Exhibit Affirmation of Service, #16 Exhibit Proposed OSC to Seal, #17 Exhibit Affirmation ISO OSC to Seal, #18 Exhibit Respondents' Letter Opposing Sealing, #19 Exhibit Interim Order on OSC to Seal, #20 Exhibit State Court Docket Sheet).(Mockler, Robert)
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