Caterpillar Financial Services Corporation v. Andrade Gutierrez Engenharia S.A. et al
| Caterpillar Financial Services Corporation |
| Andrade Gutierrez Engenharia S.A. and Andrade Gutierrez S.A. |
| 1:2023cv04905 |
| June 12, 2023 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Contract: Other |
| 28 U.S.C. § 1332 bc Diversity-Breach of Contract |
| None |
Docket Report
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Filing 15
ORDER GRANTING MOTION FOR ISSUANCE OF LETTERS OF REQUEST FOR SERVICE ABROAD OF JUDICIAL DOCUMENTS granting #13 Motion for Issuance of Letters Rogatory. IT IS HEREBY ORDERED: That the Motion is GRANTED. The Court shall sign the Letters of Request directed to defendants Andrade Gutierrez Engenharia S.A and Andrade Gutierrez S.A., attached hereto as Exhibits A and B, and affix the seal of the United States District Court for the Southern District of New York over said signature in the Letters of Request. The Clerk of the District Court is directed to return the original, signed Letters of Request to counsel for Plaintiff so that said Letters of Request may be issued to the Department of Assets Recovery and International Legal Cooperation, National Secretariat of Justice, Ministry of Justice and Public Security in Brazil. Plaintiff is hereby authorized and directed to transmit the original, signed Letters of Request to the Department of Assets Recovery and International Legal Cooperation, National Secretariat of Justice, Ministry of Justice and Public Security in Brazil. This Court shall retain jurisdiction over any and all issues arising from or related to the implementation and interpretation of this Order. Plaintiff's counsel should contact the Court's Orders & Judgments Unit at (212) 805-0800 to arrange for originals of the signed and stamped Letters. Plaintiff shall file a status update with the Court by June 21, 2024. Additionally, the October 4, 2023 initial pretrial conference is hereby CANCELED. The Clerk of Court is directed to terminate ECF No. 13. SO ORDERED. (Signed by Judge Jesse M. Furman on 6/23/23) (yv) Transmission to Orders and Judgments Clerk for processing.
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| Filing 14 MEMORANDUM OF LAW in Support re: #13 MOTION for Issuance of Letters Rogatory as to defendant Andrade Gutierrez Engenharia S.A. and defendant Andrade Gutierrez S.A. in Brazil . . Document filed by Caterpillar Financial Services Corporation..(Russ, Peter) |
| Filing 13 MOTION for Issuance of Letters Rogatory as to defendant Andrade Gutierrez Engenharia S.A. and defendant Andrade Gutierrez S.A. in Brazil . Document filed by Caterpillar Financial Services Corporation. (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion to Issue Letters of Request, #2 Exhibit A - Letter of Request for Service Abroad of Judicial or Extrajudicial Documents Pursuant to the Hague Convention of November 15, 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters for service of the Summons and Complaint in this matter on defendant Andrade Gutierrez Engenharia S.A., #3 Exhibit B - Letter of Request for Service Abroad of Judicial or Extrajudicial Documents Pursuant to the Hague Convention of November 15, 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters for service of the Summons and Complaint in this matter on defendant Andrade Gutierrez S.A.).(Russ, Peter) |
| Filing 12 SUMMONS RETURNED EXECUTED Summons and Complaint,,,,, served. Andrade Gutierrez Engenharia S.A. served on 6/14/2023, answer due 7/5/2023. Service was accepted by DONNA MOCH, Registered Agent. Document filed by Caterpillar Financial Services Corporation..(Russ, Peter) |
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Filing 11
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 10/4/2023 at 09:00 AM before Judge Jesse M. Furman. The conference will be held remotely by telephone in accordance with Paragraph 3.B of the Court's Individual Rules and Practices in Civil Cases. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. SO ORDERED. (Signed by Judge Jesse M. Furman on 6/13/2023) (vfr)
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| Filing 10 CIVIL COVER SHEET filed..(Russ, Peter) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Andrade Gutierrez S.A...(jgo) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Andrade Gutierrez Engenharia S.A...(jgo) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Andrade Gutierrez Engenharia S.A...(jgo) |
| Case Designated ECF. (jgo) |
| Magistrate Judge Sarah Netburn 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. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Peter Stephen Russ. The following case opening statistical information was erroneously selected/entered: Citizenship Plaintiff code 2 (Citizen of Another State);. The following correction(s) have been made to your case entry: the Citizenship Plaintiff code has been modified to 5 (Incorporated/Principal Place of Business-Other State);. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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..(jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Peter Stephen Russ to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; the incorrect Citizenship Plaintiff code was selected under Citizenship of Principal Parties;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Andrade Gutierrez Engenharia S.A., re: #1 Complaint,,,,,. Document filed by Caterpillar Financial Services Corporation..(Russ, Peter) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Andrade Gutierrez S.A., re: #1 Complaint,,,,,. Document filed by Caterpillar Financial Services Corporation..(Russ, Peter) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Andrade Gutierrez Engenharia S.A., re: #1 Complaint,,,,,. Document filed by Caterpillar Financial Services Corporation..(Russ, Peter) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Caterpillar Inc. for Caterpillar Financial Services Corporation. Document filed by Caterpillar Financial Services Corporation..(Russ, Peter) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Russ, Peter) Modified on 6/13/2023 (jgo). |
| Filing 1 COMPLAINT against Andrade Gutierrez Engenharia S.A., Andrade Gutierrez S.A.. (Filing Fee $ 402.00, Receipt Number ANYSDC-27858887)Document filed by Caterpillar Financial Services Corporation. (Attachments: #1 Exhibit A - Copy of the Loan Agreement, #2 Exhibit B - Copy of the First Promissory Note, #3 Exhibit C - Copy of First Amendment to Term Loan Agreement, #4 Exhibit D - Copy of the Second Promissory Note, #5 Exhibit E - Copy of the Second Amendment, #6 Exhibit F - Copy of the Third Promissory Note, #7 Exhibit G - Copy of the Third Amendment, #8 Exhibit H - Copy of the Fourth Promissory Note, #9 Exhibit I - Copy of the Guaranty, #10 Exhibit J - Copy of the Comfort Letter, #11 Exhibit K - Copy of the Fourth Amendment, #12 Exhibit L - Copy of the Fifth Promissory Note, #13 Exhibit M - Copy of the April 2020 Guarantor Approval, #14 Exhibit N - Copy of the Fifth Amendment, #15 Exhibit O - Copy of the Sixth Promissory Note, #16 Exhibit P - Copy of the July 2020 Guarantor Approval, #17 Exhibit Q - Copy of the Sixth Amendment, #18 Exhibit R - Copy of the Seventh Promissory Note, #19 Exhibit S - Copy of the 2022 Guarantor Approval, #20 Exhibit T - Copy of the Notice of Default).(Russ, Peter) |
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