GEM Yield Bahamas Limited et al v. Mullen Technologies, Inc. et al
| GEM Yield Bahamas Limited and GEM Global Yield LLC SCS |
| Mullen Technologies, Inc. and Mullen Automotive, Inc. |
| 1:2024cv01120 |
| February 15, 2024 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Other Statutes: Arbitration |
| 09 U.S.C. § 207 Application for order confirming award of arbitrators |
| None |
Docket Report
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| Filing 50 BRIEF re: Pretrial Conference - Initial,, (PETITIONERS BRIEF IN FURTHER SUPPORT OF APPLICATION TO CONFIRM AND ENTER JUDGMENT ON INTERIM MEASURES ARBITRATION AWARD AND REQUEST TO STAY RELATED ACTION). Document filed by GEM Global Yield LLC SCS, GEM Yield Bahamas Limited..(Patchen, Jonathan) |
| Filing 49 ***SELECTED PARTIES***DECLARATION of Jonathan A. Patchen in Support re: #47 LETTER MOTION to Seal addressed to Judge Katherine Polk Failla from Jonathan A. Patchen dated 3/29/24.. Document filed by GEM Yield Bahamas Limited, GEM Global Yield LLC SCS, Mullen Automotive, Inc., Mullen Technologies, Inc.. (Attachments: #1 Exhibit 1: Jan. 2022 Ltr. From Mullen to Arbitrator, #2 Exhibit 2: Request for Production of Documents, #3 Exhibit 3: Special Interrogatories, #4 Exhibit 4: Am. Responses to Special Interrogatories, #5 Exhibit 5: Sept. 2022 Ltr. from Mullen to Arbitrator, #6 Exhibit 6: Expert Report Excerpts, #7 Exhibit 7: Mullen Liability Brief Excerpts, #8 Exhibit 8: Closing Argument Tr. Excerpts, #9 Exhibit 9: Mar. 21, 2024 Conference Tr.)Motion or Order to File Under Seal: #47 .(Patchen, Jonathan) |
| Filing 48 ***SELECTED PARTIES*** BRIEF re: #47 LETTER MOTION to Seal addressed to Judge Katherine Polk Failla from Jonathan A. Patchen dated 3/29/24. (PETITIONERS BRIEF IN FURTHER SUPPORT OF APPLICATION TO CONFIRM AND ENTER JUDGMENT ON INTERIM MEASURES ARBITRATION AWARD AND REQUEST TO STAY RELATED ACTION). Document filed by GEM Yield Bahamas Limited, GEM Global Yield LLC SCS, Mullen Automotive, Inc., Mullen Technologies, Inc..Motion or Order to File Under Seal: #47 .(Patchen, Jonathan) |
| Filing 47 LETTER MOTION to Seal addressed to Judge Katherine Polk Failla from Jonathan A. Patchen dated 3/29/24. Document filed by GEM Global Yield LLC SCS, GEM Yield Bahamas Limited..(Patchen, Jonathan) |
| Minute Entry for proceedings held before Judge Katherine Polk Failla: Initial Pretrial/Pre-motion Conference held on 3/21/2024. Attorneys David Keith Momborquette, Antonios George Koulotouros, Mark R. Basile, and Waleed Amer representing Plaintiff/Respondent present. Attorneys Justin Garbacz and Jonathan Alan Patchen representing Defendant/Petitioner present. The parties shall submit briefing by 3/29/2024, regarding this Court's ability to order the interim award and stay motion. (Court Reporter Tracy Groth) (tn) |
| Filing 46 MEMO ENDORSEMENT granting #45 Motion to Withdraw as Attorney. ENDORSEMENT: The Clerk of Court is directed to terminate the pending motion at docket number 45, and to terminate Ms. Maybee from the docket. Attorney Jennifer Maybee terminated. (Signed by Judge Katherine Polk Failla on 3/19/2024) (rro) |
| Filing 45 MOTION for Jennifer S. Maybee to Withdraw as Attorney . Document filed by GEM Global Yield LLC SCS, GEM Yield Bahamas Limited. (Attachments: #1 Affidavit Declaration of Jennifer S. Maybee In Support, #2 Proposed Order.).(Maybee, Jennifer) |
Filing 44
MEMO ENDORSEMENT on re: (42 in 1:24-cv-01120-KPF) Letter, filed by GEM Global Yield LLC SCS, GEM Yield Bahamas Limited ENDORSEMENT: The Court is in receipt of Plaintiffs' letter (Dkt. #39), and confirms that enforcement of the Interim Award is STAYED until the Court can hear from the parties at the conference scheduled on March 21, 2024. The Court reminds Plaintiffs that they should be ready, willing, and fully able to comply with the Interim Award as of March 21, 2024, pending the outcome of the conference. The Clerk of Court is directed to docket this endorsement in both 23 Civ. 11268 and 24 Civ. 1120. SO ORDERED. (Signed by Judge Katherine Polk Failla on 3/5/2024) (ks)
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Filing 43
ORDER: The Court is in receipt of Petitioners GEM Global Yield LLC SCS and GEM Yield Bahamas Limited letter requesting clarification of the Court's March 1, 2024 Order. (Dkt. #42 (No. 24 Civ. 1120)). Considering the several pending issues in both of the above captions matters, the Court hereby STAYS all briefing pending a conference with the Court. The parties are ORDERED to appear for a conference to discuss these issues on March 21, 2024, at 10:00 a.m. in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square,New York, New York. The Clerk of Court is directed to file this Order in docket number 23 Civ.11268 and 24 Civ. 1120. ( Status Conference set for 3/21/2024 at 10:00 AM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 3/5/2024) (rro)
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| Filing 42 LETTER addressed to Judge Katherine Polk Failla from Jonathan A. Patchen dated March 4, 2024 re: Urgent Request for Clarification of Order Issued on March 1, 2024. Document filed by GEM Global Yield LLC SCS, GEM Yield Bahamas Limited..(Patchen, Jonathan) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #33 Proposed Order was reviewed and approved as to form. (tp) |
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Filing 41
ORDER terminating #17 Motion re: #17 MOTION Application to Confirm and Enter Judgment on Partial Final Award re: #16 LETTER MOTION to Seal documents related to Petitioners' Application to Confirm and Enter Judgment on Partial Final Award addressed to Judge Katherine, #18 MOTION Application to Confirm and Enter Judgment on Partial Final Award . ; terminating #18 Motion re: #17 MOTION Application to Confirm and Enter Judgment on Partial Final Award re: #16 LETTER MOTION to Seal documents related to Petitioners' Application to Confirm and Enter Judgment on Partial Final Award addressed to Judge Katherine, #18 MOTION Application to Confirm and Enter Judgment on Partial Final Award . On February 15, 2024, Petitioners filed a petition to confirm an arbitration award. (Dkt. # 1). Proceedings to confirm an arbitration award must be "treated as akin to a motion for summary judgment." D.H. Blair & Co., Inc. v. Gottdiener, 462 F.3d 95, 109 (2d Cir. 2006). Accordingly, it is hereby ORDERED that Petitioners shall move for confirmation of the arbitral award in the form of a motion for summary judgment - in accordance with Rule 56 of the Federal Rules of Civil Procedure and Local Rule 56.1 of the Southern District of New York - by March 14, 2024. Respondents' opposition is due on March, 28, 2024. Petitioners' reply, if any, is due April 4, 2024. The Clerk of Court is directed to terminate the pending motions at docket number 17 and 18. SO ORDERED. (Signed by Judge Katherine Polk Failla on 3/1/2024) (tg)
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| Set/Reset Deadlines: Responses due by 3/28/2024 Replies due by 4/4/2024. (tg) |
| Filing 40 ***SELECTED PARTIES***DECLARATION of Jonathan New in Support re: #32 CROSS MOTION To Vacate Interim Measures Arbitration Award And To Stay Application To Confirm re: #1 Petition (Other) .. Document filed by Mullen Automotive, Inc., Mullen Technologies, Inc., GEM Global Yield LLC SCS, GEM Yield Bahamas Limited. Motion or Order to File Under Seal: #31 .(Momborquette, David) |
| Filing 39 DECLARATION of Jonathan New in Support re: #32 CROSS MOTION To Vacate Interim Measures Arbitration Award And To Stay Application To Confirm re: #1 Petition (Other) .. Document filed by Mullen Automotive, Inc., Mullen Technologies, Inc...(Momborquette, David) |
| Filing 38 ***SELECTED PARTIES***DECLARATION of David K. Momborquette in Support re: #32 CROSS MOTION To Vacate Interim Measures Arbitration Award And To Stay Application To Confirm re: #1 Petition (Other) .. Document filed by Mullen Automotive, Inc., Mullen Technologies, Inc., GEM Global Yield LLC SCS, GEM Yield Bahamas Limited. (Attachments: #1 Exhibit B [SEALED], #2 Exhibit D [SEALED], #3 Exhibit E [SEALED], #4 Exhibit F [SEALED], #5 Exhibit G [SEALED])Motion or Order to File Under Seal: #31 .(Momborquette, David) |
| Filing 37 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #32 CROSS MOTION To Vacate Interim Measures Arbitration Award And To Stay Application To Confirm re: #1 Petition (Other) . and in Opposition to Petitioners' Application to Confirm Interim Measures Arbitration Award [SEALED]. Document filed by Mullen Automotive, Inc., Mullen Technologies, Inc., GEM Global Yield LLC SCS, GEM Yield Bahamas Limited. Motion or Order to File Under Seal: #31 .(Momborquette, David) |
| Filing 36 DECLARATION of David K. Momborquette in Support re: #32 CROSS MOTION To Vacate Interim Measures Arbitration Award And To Stay Application To Confirm re: #1 Petition (Other) .. Document filed by Mullen Automotive, Inc., Mullen Technologies, Inc.. (Attachments: #1 Exhibit A: MULN Form 8-KA, November 19, 2021, #2 Exhibit B [Filed Under Seal], #3 Exhibit C: Contribution and Spin-Off Agreement, #4 Exhibit D [Filed Under Seal], #5 Exhibit E [Filed Under Seal], #6 Exhibit F [Filed Under Seal], #7 Exhibit G [Filed Under Seal]).(Momborquette, David) |
| Filing 35 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #32 CROSS MOTION To Vacate Interim Measures Arbitration Award And To Stay Application To Confirm re: #1 Petition (Other) . and in Opposition to Petitioners' Application to Confirm Interim Measures Arbitration Award [SEALED]. Document filed by Mullen Automotive, Inc., Mullen Technologies, Inc.. Motion or Order to File Under Seal: #31 .(Momborquette, David) |
| Filing 34 MEMORANDUM OF LAW in Support re: #32 CROSS MOTION To Vacate Interim Measures Arbitration Award And To Stay Application To Confirm re: #1 Petition (Other) . and in Opposition to Petitioners' Application to Confirm Interim Measures Arbitration Award [REDACTED]. Document filed by Mullen Automotive, Inc., Mullen Technologies, Inc...(Momborquette, David) |
| Filing 33 PROPOSED ORDER. Document filed by Mullen Automotive, Inc., Mullen Technologies, Inc.. Related Document Number: #32 ..(Momborquette, David) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 32 CROSS MOTION To Vacate Interim Measures Arbitration Award And To Stay Application To Confirm re: #1 Petition (Other) . Document filed by Mullen Automotive, Inc., Mullen Technologies, Inc...(Momborquette, David) |
| Filing 31 LETTER MOTION to Seal or File Documents in Redacted Form addressed to Judge Katherine Polk Failla from David Momborquette dated March 1, 2024. Document filed by Mullen Automotive, Inc., Mullen Technologies, Inc...(Momborquette, David) |
| Filing 30 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Mullen Automotive, Inc...(Momborquette, David) |
| Filing 29 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Mullen Technologies, Inc...(Momborquette, David) |
| Filing 28 NOTICE OF APPEARANCE by Antonios George Koulotouros on behalf of Mullen Automotive, Inc., Mullen Technologies, Inc...(Koulotouros, Antonios) |
| Filing 27 NOTICE OF APPEARANCE by David Keith Momborquette on behalf of Mullen Automotive, Inc., Mullen Technologies, Inc...(Momborquette, David) |
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Filing 26
ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE granting #24 Motion for Jennifer S. Maybee to Appear Pro Hac Vice. The Clerk of Court is directed to terminate the pending motion at docket number 24. (Signed by Judge Katherine Polk Failla on 2/29/2024) (rro)
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Filing 25
ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE granting #15 Motion for Jonathan. A. Patchen to Appear Pro Hac Vice. The Clerk of Court is directed to terminate the pending motion at docketnumber 15.. (Signed by Judge Katherine Polk Failla on 2/29/2024) (rro)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #24 MOTION for Jennifer S. Maybee to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29004369. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc) |
| Filing 24 MOTION for Jennifer S. Maybee to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29004369. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by GEM Global Yield LLC SCS, GEM Yield Bahamas Limited. (Attachments: #1 Affidavit of Jennifer S. Maybee, #2 Exhibit A - Certificate of Good Standing, #3 Proposed Order [Proposed] Order).(Maybee, Jennifer) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #23 Proposed Order was reviewed and approved as to form. (km) |
| Filing 23 PROPOSED ORDER. Document filed by GEM Global Yield LLC SCS, GEM Yield Bahamas Limited. Related Document Number: #17 ..(Patchen, Jonathan) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 22 NOTICE of of Application to Confirm and Enter Judgment on Partial Final Award re: #17 MOTION Application to Confirm and Enter Judgment on Partial Final Award re: #16 LETTER MOTION to Seal documents related to Petitioners' Application to Confirm and Enter Judgment on Partial Final Award addressed to Judge Katherine. Document filed by GEM Global Yield LLC SCS, GEM Yield Bahamas Limited..(Patchen, Jonathan) |
| Filing 21 DECLARATION of Jonathan A. Patchen in Support re: #17 MOTION Application to Confirm and Enter Judgment on Partial Final Award re: #16 LETTER MOTION to Seal documents related to Petitioners' Application to Confirm and Enter Judgment on Partial Final Award addressed to Judge Katherine. Document filed by GEM Global Yield LLC SCS, GEM Yield Bahamas Limited. (Attachments: #1 Exhibit 1 - Stipulation dated 12/01/22, #2 Exhibit 2 - Procedural Order No. 10 dated 12/03/22).(Patchen, Jonathan) |
| Filing 20 MEMORANDUM OF LAW in Support re: #17 MOTION Application to Confirm and Enter Judgment on Partial Final Award re: #16 LETTER MOTION to Seal documents related to Petitioners' Application to Confirm and Enter Judgment on Partial Final Award addressed to Judge Katherine . Document filed by GEM Global Yield LLC SCS, GEM Yield Bahamas Limited..(Patchen, Jonathan) |
| Filing 19 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #17 MOTION Application to Confirm and Enter Judgment on Partial Final Award re: #16 LETTER MOTION to Seal documents related to Petitioners' Application to Confirm and Enter Judgment on Partial Final Award addressed to Judge Katherine . Document filed by GEM Yield Bahamas Limited, GEM Global Yield LLC SCS, Mullen Automotive, Inc., Mullen Technologies, Inc.. Motion or Order to File Under Seal: #16 .(Patchen, Jonathan) |
| Filing 18 MOTION Application to Confirm and Enter Judgment on Partial Final Award . Document filed by GEM Global Yield LLC SCS, GEM Yield Bahamas Limited..(Patchen, Jonathan) |
| Filing 17 ***SELECTED PARTIES*** MOTION Application to Confirm and Enter Judgment on Partial Final Award re: #16 LETTER MOTION to Seal documents related to Petitioners' Application to Confirm and Enter Judgment on Partial Final Award addressed to Judge Katherine Polk Failla from Jonathan A. Patchen dated February 23, 2024. . Document filed by GEM Yield Bahamas Limited, GEM Global Yield LLC SCS, Mullen Automotive, Inc., Mullen Technologies, Inc..Motion or Order to File Under Seal: #16 .(Patchen, Jonathan) |
| Filing 16 LETTER MOTION to Seal documents related to Petitioners' Application to Confirm and Enter Judgment on Partial Final Award addressed to Judge Katherine Polk Failla from Jonathan A. Patchen dated February 23, 2024. Document filed by GEM Global Yield LLC SCS, GEM Yield Bahamas Limited..(Patchen, Jonathan) |
| Filing 15 MOTION for Jonathan A. Patchen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28989038. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by GEM Global Yield LLC SCS, GEM Yield Bahamas Limited. (Attachments: #1 Affidavit of Jonathan A. Patchen, #2 Exhibit A - Certificate of Good Standing, #3 Exhibit B - Certificate of Good Standing, #4 Proposed Order Granting Motion for Admission Pro Hac Vice).(Patchen, Jonathan) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #15 MOTION for Jonathan A. Patchen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28989038. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #4 Proposed Order was reviewed and approved as to form. (tp) |
| CASE ACCEPTED AS RELATED. Create association to 1:23-cv-11268-KPF. Notice of Assignment to follow. (tro) |
| NOTICE OF CASE REASSIGNMENT to Judge Katherine Polk Failla. Judge Unassigned is no longer assigned to the case..(tro) |
| Magistrate Judge Robyn F. Tarnofsky is designated to handle matters that may be referred in this case. 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. (tro) |
| Filing 14 AFFIDAVIT OF SERVICE of Notice of Application to Confirm and Enter Judgment on Interim Measures Arbitration Award and Supporting Documents served on Mullen Technologies, Inc. c/o Telos Legal Corp.; Mullen Automotive, Inc. c/o Incorporating Services, Ltd. on 02/16/2024. Service was accepted by Daniel Garcia; Jennifer Lee. Service was made by Mail. Document filed by GEM Global Yield LLC SCS, GEM Yield Bahamas Limited. (Attachments: #1 Exhibit A, #2 Exhibit B).(Cheney, Alexander) |
| Filing 13 NOTICE OF APPEARANCE by Justin Garbacz on behalf of GEM Global Yield LLC SCS, GEM Yield Bahamas Limited..(Garbacz, Justin) |
| Filing 12 NOTICE OF APPEARANCE by Madeleine Laurel Tayer on behalf of GEM Global Yield LLC SCS, GEM Yield Bahamas Limited..(Tayer, Madeleine) |
| Filing 11 NOTICE OF APPEARANCE by Alexander L. Cheney on behalf of GEM Global Yield LLC SCS, GEM Yield Bahamas Limited..(Cheney, Alexander) |
| Filing 10 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent GEM Global LTD, Corporate Parent GEM Global Yield Fund LLC for GEM Global Yield LLC SCS. Document filed by GEM Global Yield LLC SCS..(Cheney, Alexander) |
| Filing 9 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by GEM Yield Bahamas Limited..(Cheney, Alexander) |
| Filing 8 STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:23-cv-11268-KPF. Document filed by GEM Global Yield LLC SCS, GEM Yield Bahamas Limited..(Cheney, Alexander) |
| Filing 7 NOTICE of Application to Confirm and Enter Judgment on Interim Measures Arbitration Award. Document filed by GEM Global Yield LLC SCS, GEM Yield Bahamas Limited..(Cheney, Alexander) |
| Filing 6 MEMORANDUM OF LAW in Support re: #1 Petition (Other) . Document filed by GEM Global Yield LLC SCS, GEM Yield Bahamas Limited..(Cheney, Alexander) |
| Filing 5 DECLARATION of Alexander L. Cheney in Support re: #1 Petition (Other). Document filed by GEM Global Yield LLC SCS, GEM Yield Bahamas Limited. (Attachments: #1 Exhibit 1 - Filed Under Seal, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6 - Filed Under Seal).(Cheney, Alexander) |
| Filing 4 PROPOSED ORDER. Document filed by GEM Global Yield LLC SCS, GEM Yield Bahamas Limited. Related Document Number: #1 ..(Cheney, Alexander) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 3 SEALED DOCUMENT placed in vault..(jus) |
| Filing 2 CIVIL COVER SHEET filed..(pc) (vf). |
| Filing 1 PETITION TO CONFIRM. (Filing Fee $ 405.00, Receipt Number 24619).Document filed by GEM Yield Bahamas Limited, GEM Global Yield LLC SCS..(pc) (vf). |
| DOCUMENTS TO BE SEALED (Signed by Judge Paul A. Engelmayer on 2/14/2024) (pc) |
| Case Designated ECF. (pc) |
| CASE REFERRED TO Judge Katherine Polk Failla as possibly related to 23cv11268. (pc) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE RELATED CASE STATEMENT. Notice to Attorney Alexander L. Cheney, for non compliance with Local Rule 13 of the Division of Business Among Judges. Attorney must electronically file the Related Case Statement. Use the event type Statement of Relatedness found under the event list Other Documents. (pc) |
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ORDER REDACTING PLEADING FILED IN 24MC67. Document filed by GEM Global Yield LLC SCS, GEM Yield Bahamas Limited..(pc)
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