U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:23-mc-01541
Plaintiff: Preble-Rish Haiti, S.A.
V.
Defendant: Bureau de Monetisation des Programmes D’aide Au Developpement
| Date Filed | # | Docket Text |
|---|---|---|
| 09/11/2023 | 1 | REGISTRATION of Foreign Judgment ( Filing fee $ 49 receipt number ATXSDC-30491423.) filed by Preble-Rish Haiti, S.A. (Entered: 09/11/2023) |
| 09/14/2023 | 2 | NOTICE/Letter OF SERVICE as to Bureau de Monetisation des Programmes D’aide Au Developpement,Ignace Fils Aime Saint Fleur the Hague Convention Service Abroad of 1 Registration of Foreign Judgment (Tracking No’s. 8146 7677 4294 and 8138-2732 9431 0425), filed. (Entered: 09/14/2023) |
| 09/14/2023 | 3 | ORDER TO CONSOLIDATE CASES: Lead Case No. 4:21-cv-01953 and Member Case No. 4:23-mc-01541 (Signed by Judge Keith P Ellison) Parties notified. (Entered: 09/15/2023) |
| 11/27/2023 | 4 | ORDER TO DISBURSE FUNDS. It is further ORDERED that following the disbursement of funds, this case, and all currently pending related cases in this District and Division (i.e., 4:21-cv-01953, 4:22- mc-00304, 4:22-mc-00318, and 4:23-mc-01541) shall be considered dismissed with no further order of this Court required.Case terminated on November 27, 2023. (Signed by Judge Keith P Ellison) Parties notified.(Entered: 11/27/2023) |
| 11/27/2023 | 5 | ORDER TO DISBURSE FUNDS. It is further ORDERED that following the disbursement of funds, this case, and all currently pending related cases in this District and Division (i.e., 4:21-cv-01953, 4:22-mc-00304, 4:22-mc-00318, and 4:23-mc-01541) shall be considered dismissed with no further order of this Court required. (Signed by Judge Keith P Ellison) Parties notified.(Entered: 11/27/2023) |
Fils Aimé Ignace SAINT FLEUR
BMPAD Director
U.S. District Court
Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE #: 1:22-cv-07503-PKC
Preble-Rish Haiti, S.A. v. Republic of Haiti et al
Assigned to: Judge P. Kevin Castel
Demand: $9,999,000
Related Case: 1:21-cv-04960-PKC
Cause: 09:201 Enforcement of Convention
Petitioner: Preble-Rish Haiti, S.A.
V.
Respondent: Republic of Haiti
TERMINATED: 07/20/2023
Respondent: Bureau De Monetisation Des Programmes D’Aide Au Developpement
| Date Filed | # | Docket Text |
|---|---|---|
| 09/01/2022 | 1 | PETITION TO Confirm ARBITRATION. (Filing Fee $ 402.00, Receipt Number ANYSDC-26626308).Document filed by Preble-Rish Haiti, S.A…(Bennett, William) (Entered: 09/01/2022) |
| 09/01/2022 | 2 | CIVIL COVER SHEET filed..(Bennett, William) (Entered: 09/01/2022) |
| 09/01/2022 | 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) (Entered: 09/01/2022) |
| 09/01/2022 | 4 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Preble-Rish Haiti, S.A…(Bennett, William) (Entered: 09/01/2022) |
| 09/01/2022 | 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. (Entered: 09/01/2022) |
| 09/01/2022 | 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) (Entered: 09/01/2022) |
| 09/01/2022 | 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) (Entered: 09/01/2022) |
| 09/01/2022 | CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (vf) (Entered: 09/01/2022) | |
| 09/01/2022 | Case Designated ECF. (vf) (Entered: 09/01/2022) | |
| 09/01/2022 | CASE REFERRED TO Judge P. Kevin Caste. (Entered: 09/01/2022) | |
| 09/02/2022 | 8 | NOTICE OF APPEARANCE by Rick Bruce Antonoff on behalf of Preble-Rish Haiti, S.A…(Antonoff, Rick) (Entered: 09/02/2022) |
| 09/02/2022 | 9 | NOTICE OF APPEARANCE by Lauren Brooke Wilgus on behalf of Preble-Rish Haiti, S.A…(Wilgus, Lauren) (Entered: 09/02/2022) |
| 09/02/2022 | 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) (Entered: 09/02/2022) |
| 09/02/2022 | CASE ACCEPTED AS RELATED. Create association to 1:21-cv-04960-PKC. Notice of Assignment to follow. (vba) (Entered: 09/02/2022) | |
| 09/02/2022 | NOTICE OF CASE REASSIGNMENT to Judge P. Kevin Castel. Judge Unassigned is no longer assigned to the case. (vba) (Entered: 09/02/2022) | |
| 09/02/2022 | 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) (Entered: 09/02/2022) | |
| 09/02/2022 | ***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) (Entered: 09/02/2022) | |
| 09/12/2022 | 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) (Entered: 09/12/2022) |
| 09/12/2022 | 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) (Entered: 09/12/2022) |
| 09/12/2022 | 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) (Entered: 09/12/2022) |
| 09/12/2022 | 14 | ELECTRONIC SUMMONS ISSUED as to Republic of Haiti..(gp) (Entered: 09/12/2022) |
| 09/12/2022 | 15 | ELECTRONIC SUMMONS ISSUED as to Bureau De Monetisation Des Programmes D’Aide Au Developpement..(gp) (Entered: 09/12/2022) |
| 09/12/2022 | 16 | ELECTRONIC SUMMONS ISSUED as to Bureau De Monetisation Des Programmes D’Aide Au Developpement..(gp) (Entered: 09/12/2022) |
| 09/19/2022 | 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) (Entered: 09/19/2022) |
| 09/19/2022 | 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) (Entered: 09/19/2022) |
| 09/19/2022 | Set/Reset Deadlines: Responses due by 9/30/2022 Replies due by 10/14/2022. (ama) (Entered: 09/19/2022) | |
| 09/20/2022 | 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) (Entered: 09/20/2022) |
| 09/20/2022 | 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) (Entered: 09/20/2022) |
| 09/20/2022 | 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) (Entered: 09/20/2022) |
| 09/29/2022 | 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) (Entered: 09/29/2022) |
| 09/29/2022 | 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) (Entered: 09/29/2022) |
| 09/29/2022 | 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) (Entered: 09/29/2022) |
| 09/30/2022 | 25 | NOTICE OF APPEARANCE by Bertrand Rolf Madsen on behalf of Republic of Haiti..(Madsen, Bertrand) (Entered: 09/30/2022) |
| 09/30/2022 | 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). (Entered: 09/30/2022) |
| 09/30/2022 | 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). (Entered: 09/30/2022) |
| 09/30/2022 | 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). (Entered: 09/30/2022) |
| 09/30/2022 | 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). (Entered: 09/30/2022) |
| 10/03/2022 | 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. (Entered: 10/03/2022) |
| 10/03/2022 | 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) (Entered: 10/03/2022) |
| 10/03/2022 | 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) (Entered: 10/03/2022) |
| 10/03/2022 | 33 | MEMORANDUM OF LAW in Support re: 30 Proposed Order to Show Cause Without Emergency Relief . Document filed by Republic of Haiti..(Wolstein, Elizabeth) (Entered: 10/03/2022) |
| 10/03/2022 | ***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) (Entered: 10/03/2022) | |
| 10/04/2022 | 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) (Entered: 10/04/2022) |
| 10/05/2022 | 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) (Entered: 10/05/2022) |
| 10/06/2022 | 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) (Entered: 10/06/2022) |
| 10/14/2022 | 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) (Entered: 10/14/2022) |
| 10/25/2022 | 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) (Entered: 10/25/2022) |
| 10/25/2022 | 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) (Entered: 10/25/2022) |
| 10/26/2022 | 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). (Entered: 10/26/2022) |
| 11/01/2022 | 41 | AFFIDAVIT OF SERVICE of Notices of Suit (with copy of FSIA statute), Summons, Petition to Confirm Arbitration Ward, Declaration of William Bennett, etc., Order to Show Cause, Notice of Suit, French Translation, Summons to ROH, etc., PRH’s Petition to Confirm Arbitration Award, etc. and Certificate of Accuracy for French Translations served on c/o Foreign Minister Jean Victor G on October 28, 2022. Service was accepted by M. Theodore. Service was made by FEDEX. Document filed by Preble-Rish Haiti, S.A…(Bennett, William) (Entered: 11/01/2022) |
| 11/01/2022 | 42 | LETTER addressed to Judge P. Kevin Castel from William R. Bennett dated 11/1/22 re: Status of Service upon Respondents via the FSIA, etc.. Document filed by Preble-Rish Haiti, S.A…(Bennett, William) (Entered: 11/01/2022) |
| 11/02/2022 | 43 | LETTER MOTION for Extension of Time to File Response/Reply as to 34 Order to Show Cause,,, Set Deadlines/Hearings,, addressed to Judge P. Kevin Castel from Elizabeth Wolstein dated November 2, 2022. Document filed by Republic of Haiti..(Wolstein, Elizabeth) (Entered: 11/02/2022) |
| 11/03/2022 | 44 | LETTER RESPONSE in Opposition to Motion addressed to Judge P. Kevin Castel from William R. Bennett, III, Esq. dated November 3, 2022 re: 43 LETTER MOTION for Extension of Time to File Response/Reply as to 34 Order to Show Cause,,, Set Deadlines/Hearings,, addressed to Judge P. Kevin Castel from Elizabeth Wolstein dated November 2, 2022. . Document filed by Preble-Rish Haiti, S.A…(Bennett, William) (Entered: 11/03/2022) |
| 11/03/2022 | 45 | ORDER: granting 43 Letter Motion for Extension of Time to File Response/Reply re 43 LETTER MOTION for Extension of Time to File Response/Reply as to 34 Order to Show Cause, Set Deadlines/Hearings. addressed to Judge P. Kevin Castel from Elizabeth Wolstein dated November 2, 2022. Over the objection of PRH (Doc. 44), the application of the Republic for an extension until November 18, 2022 on its reply is GRANTED. SO ORDERED. Replies due by 11/18/2022. (Signed by Judge P. Kevin Castel on 11/03/2022) (ama) (Entered: 11/03/2022) |
| 11/07/2022 | 46 | FILING ERROR – DEFICIENT PLEADING – SUMMONS REQUESTED – WRONG EVENT TYPE SELECTED FROM MENU – REQUEST FOR ISSUANCE OF SUMMONS as to Republic of Haiti, c/o Foreign Minister Jean Victor Geneus, 5A, Delmas 60, Musseau, Port-au-Prince, re: 1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration. Document filed by Preble-Rish Haiti, S.A…(Bennett, William) Modified on 11/9/2022 (pc). (Entered: 11/07/2022) |
| 11/09/2022 | ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney William Robert Bennett to RE-FILE Document No. 46 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons;. Re-file the document using the event type Request for Issuance of Amended Summons found under the event list Service of Process – select the correct filer/filers – and attach the correct summons form PDF. (pc) (Entered: 11/09/2022) | |
| 11/09/2022 | 47 | REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Republic of Haiti, c/o Foreign Minister Jean Victor Geneus, 5A, Delmas 60, Musseau, Port-au-Prince, re: 1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration. Document filed by Preble-Rish Haiti, S.A…(Bennett, William) (Entered: 11/09/2022) |
| 11/10/2022 | 48 | ELECTRONIC AMENDED SUMMONS ISSUED as to Republic of Haiti. (sj) (Entered: 11/10/2022) |
| 11/18/2022 | 49 | REPLY MEMORANDUM OF LAW in Support re: 34 Order to Show Cause,,, Set Deadlines/Hearings,, to Republic of Haitis Cross Motion to Dismiss the Petition or, in the alternative, to vacate the Arbitration. Document filed by Republic of Haiti..(Wolstein, Elizabeth) (Entered: 11/18/2022) |
| 01/03/2023 | 50 | NOTICE OF APPEARANCE by Josef Maxim Klazen on behalf of Preble-Rish Haiti, S.A…(Klazen, Josef) (Entered: 01/03/2023) |
| 06/29/2023 | 51 | OPINION AND ORDER: The Court has considered all the arguments of the parties, whether or not they are expressly referenced here. The petition to recognize, confirm, and enforce the Final Award of August 23, 2022 as against BMPAD and ROH is GRANTED. The cross-motion to dismiss the petition, or in the alternative, to vacate the arbitration award is DENIED. Within 7 days of this Order, PRH shall submit (1) a declaration from counsel regarding the total amount, inclusive of interest, owed under the terms of the Final Award as of the date of this Order and (2) a proposed final judgment reflecting the foregoing. Respondents will have 3 days from submission of the proposed final judgment to respond. On Docket 21-cv-6704, the parties shall show cause within 14 days of this Order why the motion for relief from judgment, or alternately to amend the judgment, ought not be denied as moot. SO ORDERED. (Signed by Judge P. Kevin Castel on 6/29/2023) (ama) (Entered: 06/29/2023) |
| 07/13/2023 | 52 | MEMORANDUM OF LAW re: 51 Memorandum & Opinion,,, . Document filed by Preble-Rish Haiti, S.A…(Bennett, William) (Entered: 07/13/2023) |
| 07/13/2023 | 53 | RESPONSE re: 51 Memorandum & Opinion,,, . Document filed by Republic of Haiti..(Wolstein, Elizabeth) (Entered: 07/13/2023) |
| 07/13/2023 | 54 | DECLARATION of Elizabeth Wolstein re: 51 Memorandum & Opinion,,, . Document filed by Republic of Haiti. (Attachments: # 1 Exhibit Opposed Conditional Motion for Post-Judgment Discovery, # 2 Exhibit Clerk’s Certification of Judgment in Other Court, # 3 Exhibit Application for Writ of Garnishment, # 4 Exhibit Registration of Judgment, # 5 Exhibit Motion for Voluntary Dismissal with Prejudice, # 6 Exhibit Order on Application for Writ, # 7 Exhibit Writ of Garnishment).(Wolstein, Elizabeth) (Entered: 07/13/2023) |
| 07/13/2023 | 55 | RESPONSE to Proposed Judgment in Index No. 21-cv-6704 (Dkt. No. 117). Document filed by Republic of Haiti. (Attachments: # 1 Affidavit /Declaration of Elizabeth Wolstein, # 2 Exhibit Notice of Recognition and Confirmation final, # 3 Exhibit Docket Sheet 21-cv-01953, # 4 Exhibit Notice of Service of Process, # 5 Exhibit Docket Sheet 22-mc-00304, # 6 Exhibit BB Energy USA, LLCs Report to Court, # 7 Exhibit BB Energy USA, LLCs Unopposed Motion to Deposit, # 8 Exhibit Order granting Motion to Deposit Funds, # 9 Exhibit Motion for Voluntary Dismissal with Prejudice, # 10 Exhibit Order of Dismissal, # 11 Text of Proposed Order Proposed Counter Judgment).(Wolstein, Elizabeth) (Entered: 07/13/2023) |
| 07/17/2023 | 56 | LETTER MOTION for Leave to File a brief (combined) reply to ROH’s submissions regarding the proposed Judgment and Mootness, respectfully requested , and addressed to Judge P. Kevin Castel from William R. Bennett, III, Esq. dated July 17, 2023. Document filed by Preble-Rish Haiti, S.A…(Bennett, William) (Entered: 07/17/2023) |
| 07/18/2023 | 57 | LETTER RESPONSE in Opposition to Motion addressed to Judge P. Kevin Castel from Elizabeth Wolstein dated July 18, 2023 re: 56 LETTER MOTION for Leave to File a brief (combined) reply to ROH’s submissions regarding the proposed Judgment and Mootness, respectfully requested , and addressed to Judge P. Kevin Castel from William R. Bennett, III, Esq. dated July 17 . Document filed by Republic of Haiti..(Wolstein, Elizabeth) (Entered: 07/18/2023) |
| 07/19/2023 | 58 | FINAL JUDGMENT: NOW THEREFORE, pursuant to Rule 58, Fed. R. Civ. P., and upon all of the rulings and proceedings in this matter, the Court hereby enters Final Judgment in accordance with its prior Opinions, Orders, and rulings, and awards PRH judgment against ROH and BMPAD, jointly and severally, in the total amount of $31,076,396.85, consisting of $28,184,756.65 plus pre-judgment interest in the amount of $2,891,640.20. Post-judgment interest shall accrue on the Final Judgment by operation of law at the federal rate. 28 U.S.C. § 1961. Funds actually paid to PRH as a result of an attachment or garnishment by PRH pursuant to the Judgment in 21-cv-6704 (PKC), including $4,408,751.00 currently in the registry of the United States District for the Southern District of Texas, Docket 4:21-cv-1953, shall be applied toward satisfaction of this Final Judgment. SO ORDERED.,Republic of Haiti terminated. (Signed by Judge P. Kevin Castel on 7/19/2023) (ama) Modified on 7/20/2023 (ama). (Entered: 07/20/2023) |
| 07/19/2023 | 59 | ORDER: denying 56 Letter Motion for Leave to File Document. Except as contained in the Final Judgment, all other relief requested by the parties is denied. The request of petitioner Preble-Rish Haiti, S.A. to file a reply brief is denied; the Clerk is respectfully directed to terminate the motion (ECF 56) and close the case. SO ORDERED. (Signed by Judge P. Kevin Castel on 7/19/2023) (ama) (Entered: 07/20/2023) |
| 07/20/2023 | 60 | CLERK CERTIFICATE OF MAILING UNEXECUTED for 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 # 803248128728, as per 40 Clerk Certificate of Mailing. Confirmation that delivery was executed was not received by the Clerk’s Office.(BC) (Entered: 07/20/2023) |
| 07/28/2023 | 61 | FILING ERROR – NO ORDER SELECTED FOR APPEAL – NOTICE OF APPEAL. Document filed by Republic of Haiti. Filing fee $ 505.00, receipt number ANYSDC-28071862. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Wolstein, Elizabeth) Modified on 7/28/2023 (nd). (Entered: 07/28/2023) |
| 07/28/2023 | ***NOTICE TO ATTORNEY REGARDING DEFICIENT APPEAL. Notice to attorney Elizabeth Wolstein to RE-FILE Document No. 61 Notice of Appeal,.. The filing is deficient for the following reason(s): the order/judgment being appealed was not selected. Re-file the appeal using the event type Notice of Appeal found under the event list Appeal Documents – attach the correct signed PDF – select the correct named filer/filers – select the correct order/judgment being appealed. (nd) (Entered: 07/28/2023) | |
| 07/28/2023 | 62 | NOTICE OF APPEAL from 58 Judgment, Add and Terminate Parties,,,,,,,,. Document filed by Republic of Haiti. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Wolstein, Elizabeth) (Entered: 07/28/2023) |
| 07/31/2023 | Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 62 Notice of Appeal. (km) (Entered: 07/31/2023) | |
| 07/31/2023 | Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 62 Notice of Appeal filed by Republic of Haiti were transmitted to the U.S. Court of Appeals. (km) (Entered: 07/31/2023) | |
| 08/17/2023 | 63 | PROPOSED TEMPORARY RESTRAINING ORDER. Document filed by Republic of Haiti. Related Document Number: 58 ..(Wolstein, Elizabeth) Proposed Order to be reviewed by Clerk’s Office staff. (Entered: 08/17/2023) |
| 08/17/2023 | 64 | DECLARATION of Michel Patrick Boisvert in Support re: 63 Proposed Temporary Restraining Order. Document filed by Republic of Haiti..(Wolstein, Elizabeth) (Entered: 08/17/2023) |
| 08/17/2023 | 65 | DECLARATION of Elizabeth Wolstein in Support re: 63 Proposed Temporary Restraining Order. Document filed by Republic of Haiti. (Attachments: # 1 Exhibit A – Notice Demanding Arbitration dated November 20, 2020, # 2 Exhibit B – New York Supreme Court Appellate Division Order dated November 3, 2021).(Wolstein, Elizabeth) (Entered: 08/17/2023) |
| 08/17/2023 | 66 | MEMORANDUM OF LAW in Support re: 63 Proposed Temporary Restraining Order . Document filed by Republic of Haiti..(Wolstein, Elizabeth) (Entered: 08/17/2023) |
| 08/18/2023 | ***NOTICE TO COURT REGARDING PROPOSED TEMPORARY RESTRAINING ORDER. Document No. 63 Proposed Temporary Restraining Order was reviewed and approved as to form. (nd) (Entered: 08/18/2023) | |
| 08/20/2023 | 67 | COUNTER LETTER addressed to Judge P. Kevin Castel from Josef M. Klazen dated August 20, 2023 re: Response to Republic of Haiti’s Request for a Temporary Restraining Order [DE 63]. Document filed by Preble-Rish Haiti, S.A…(Klazen, Josef) (Entered: 08/20/2023) |
| 08/21/2023 | 68 | REPLY re: 67 Letter, 63 Proposed Temporary Restraining Order . Document filed by Republic of Haiti..(Wolstein, Elizabeth) (Entered: 08/21/2023) |
| 08/21/2023 | 69 | MEMO ENDORSEMENT: on re: 67 Letter filed by Preble-Rish Haiti, S.A. ENDORSEMENT: An administrative stay is granted pending the hearing and determination of the application for a stay. Opposition to the stay due five business days from this Order. Reply due two business days thereafter. SO ORDERED. (Signed by Judge P. Kevin Castel on 8/21/2023) (ama) (Entered: 08/21/2023) |
| 08/23/2023 | 70 | LETTER addressed to Judge P. Kevin Castel from William R. Bennett III, Esq. dated August 23, 2023 re: respectfully requesting an order directing the Clerk of the Court to issue a Clerk’s Certification of a Judgment to be Registered in Another District, etc. Document filed by Preble-Rish Haiti, S.A…(Bennett, William) (Entered: 08/23/2023) |
| 08/24/2023 | 71 | RESPONSE re: 70 Letter, . Document filed by Republic of Haiti. (Attachments: # 1 Exhibit A – Registration of Judgment S.D. Texas 22-mc-00304).(Wolstein, Elizabeth) (Entered: 08/24/2023) |
| 08/28/2023 | 72 | MEMORANDUM OF LAW in Opposition re: 69 Memo Endorsement, 63 Proposed Temporary Restraining Order . Petitioner Preble-Rish Haiti, S.A.’s Memorandum of Law in Opposition to The Republic of Haiti’s Motion to Stay Enforcement of Judgment Pending Appeal. Document filed by Preble-Rish Haiti, S.A…(Bennett, William) (Entered: 08/28/2023) |
| 08/28/2023 | 73 | DECLARATION of William R. Bennett, III, Esq. in Opposition to The Republic of Haiti’s Motion to Stay Enforcement of Judgment Pending Appeal / in Opposition re: 69 Memo Endorsement, 63 Proposed Temporary Restraining Order. Document filed by Preble-Rish Haiti, S.A.. (Attachments: # 1 Exhibit A – Diplomatic Note.pdf, # 2 Exhibit B – May 2023 transmittal letter.pdf).(Bennett, William) (Entered: 08/28/2023) |
| 08/29/2023 | 74 | LETTER MOTION for Extension of Time to File Response/Reply as to 69 Memo Endorsement, addressed to Judge P. Kevin Castel from Elizabeth Wolstein dated August 29, 2023. Document filed by Republic of Haiti..(Wolstein, Elizabeth) (Entered: 08/29/2023) |
| 08/29/2023 | 75 | ORDER: granting 74 Letter Motion for Extension of Time to File Response/Reply re 74 LETTER MOTION for Extension of Time to File Response/Reply as to 69 Memo Endorsement. addressed to Judge P. Kevin Castel from Elizabeth Wolstein dated August 29, 2023. Application Granted. SO ORDERED. Replies due by 9/1/2023. (Signed by Judge P. Kevin Castel on 8/29/2023) (ama) (Entered: 08/29/2023) |
| 09/01/2023 | 76 | REPLY MEMORANDUM OF LAW in Support re: 69 Memo Endorsement, 63 Proposed Temporary Restraining Order . Document filed by Republic of Haiti..(Wolstein, Elizabeth) (Entered: 09/01/2023) |
| 09/07/2023 | 77 | ORDER DENYING STAY: For the reasons stated above, ROH’s motion for a stay pending appeal is DENIED. The Court will GRANT a temporary, fourteen-day administrative stay of enforcement against ROH to permit ROH to apply for a stay pursuant to Rule 8(a), Fed. R. App. P. SO ORDERED. (Signed by Judge P. Kevin Castel on 9/07/2023) (ama) (Entered: 09/07/2023) |
| 09/07/2023 | 78 | ORDER: The Court finds good cause exists for PRH to register the Final Judgment in the Southern District of Texas as against BMPAD alone. PRH’s application to register the Final Judgment in the Southern District of Texas as against BMPAD is GRANTED for good cause shown under 28 U.S.C. § 1963. The Clerk of Court is directed to issue a Clerk’s certification of judgment for registration in another district as to BMPAD only. SO ORDERED. (Signed by Judge P. Kevin Castel on 9/07/2023) (ama) Transmission to Orders and Judgments Clerk for processing. (Entered: 09/07/2023) |
| 09/08/2023 | 79 | FILING ERROR – DEFICIENT DOCKET ENTRY – PROPOSED CLERK’S CERTIFICATION OF A JUDGMENT TO BE REGISTERED IN ANOTHER DISTRICT. Filing fee $ 11.00, receipt number ANYSDC-28257587. Clerk’s Certification of a Judgment to be Registered in Another District to be Mailed by the Court. Document filed by Preble-Rish Haiti, S.A.. (Attachments: # 1 Final Judgment (issued 20 July 2023), # 2 Order Directing Clerk to Issue Certification for Registration) Document Number of Related Judgment: 58 ..(Bennett, William) Proposed document to be reviewed and processed by Clerk’s Office staff (No action required by chambers). Modified on 9/8/2023 (nd). (Entered: 09/08/2023) |
| 09/08/2023 | ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK’S CERTIFICATION OF A JUDGMENT TO BE REGISTERED IN ANOTHER DISTRICT: Notice to Attorney William Bennett to RE-FILE Document No. 79 Proposed Clerk’s Certification of a Judgment to be Registered in Another District,,. The filing is deficient for the following reason(s): the proposed clerk’s certification of a judgment to be registered in another district does not list the entry date of the judgment; Re-file the document using the event type Proposed Clerk’s Certification of a Judgment to be Registered in Another District found under the event list Proposed Orders – select the correct filer/filers – attach the correct PDF that lists the correct entry date of the judgment. (nd) (Entered: 09/08/2023) | |
| 09/08/2023 | 80 | PROPOSED CLERK’S CERTIFICATION OF A JUDGMENT TO BE REGISTERED IN ANOTHER DISTRICT. Clerk’s Certification of a Judgment to be Registered in Another District to be Mailed by the Court. Document filed by Preble-Rish Haiti, S.A.. (Attachments: # 1 inal Judgment (issued 20 July 2023), # 2 Order Directing Clerk to Issue Certification for Registration) Document Number of Related Judgment: 58 ..(Bennett, William) Proposed document to be reviewed and processed by Clerk’s Office staff (No action required by chambers). Modified on 9/8/2023 (nd). (Entered: 09/08/2023) |
| 09/08/2023 | CLERK’S CERTIFICATION OF A JUDGMENT TO BE REGISTERED IN ANOTHER DISTRICT ISSUED on 09/08/2023 as to BMPAD only. Certification of a Judgment to be Registered in Another District Mailed by the Court..(nd) (Entered: 09/08/2023) | |
| 09/21/2023 | 81 | ORDER of USCA (Certified Copy) as to 62 Notice of Appeal filed by Republic of Haiti USCA Case Number 23-1096. IT IS HEREBY ORDERED that the motion for a stay pending appeal is REFERRED to the next available three-judge motions panel. It is further ORDERED that the request for an interim administrative stay pending resolution of the motion by a panel is GRANTED. Catherine O’Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 9/21/2023. (tp) (Entered: 09/21/2023) |
| 11/17/2023 | 82 | ORDER of USCA (Certified Copy) as to 62 Notice of Appeal filed by Republic of Haiti USCA Case Number 23-1096. Appellant moves for a stay of the district court’s judgment pending appeal. Upon due consideration, it is hereby ORDERED that the motion is GRANTED. See In re Nassau Cty. Strip Search Cases, 783 F.3d 414 (2d Cir. 2015); see also Nken v. Holder, 556 U.S. 418, 434-35 (2009); In re World Trade Ctr. Disaster Site Litig., 503 F.3d 167, 170 (2d Cir. 2007). Catherine O’Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 11/17/2023.(km) (Entered: 11/17/2023) |
