U.S. District Court
Eastern District of New York (Brooklyn)
CIVIL DOCKET FOR CASE #: 1:18-cv-07340-LDH-PK
Celestin et al v. Martelly et al
Assigned to: Judge LaShann DeArcy Hall
Referred to: Magistrate Judge Peggy Kuo
Demand: $1,500,000,000
Cause: 15:15 Antitrust Litigation
Date Filed: 12/24/2018
Jury Demand: Plaintiff
Nature of Suit: 410 Anti-Trust
Jurisdiction: Federal Question
Plaintiff
Odilon S. Celestin
Widmir Romelien
Goldie Lamothe-Alexandre
Vincent Marazita
Jeannette Valeus
Guetty Felin
Gorettie St. Vil
Herve Cohen
Marie Lucie St. Vil
Defendant
Michel Joseph Martelly
Jocelerme Privert
Jovenel Moise
Caribbean Air Mail, Inc. (CAM)
Western Union
Unitransfer USA, INC.
Digicel-Haiti
Natcom S.A.
The Government of Haiti
Unibank, S.A.
Unigestion Holding, S.A (Digicel Haiti)
Western Union Financial Services, Inc.
MoneyGram International, Inc.
MoneyGram Payment System, Inc., (collectively MGI)
Western Union Company (Western Union Holdings, Inc., Western Union Financial Services, Inc.)
| Date Filed | # | Docket Text |
|---|---|---|
| 12/24/2018 | 1 | COMPLAINT Odilon Celestin et al. against All Defendants filing fee $ 400, receipt number ANYEDC-11052943, filed by Odilon Celestin. |
| 12/25/2018 | 2 | Proposed Summons. Re 1 Complaint by Odilon Celestin (Denis, Marcel) (Entered: 12/25/2018) |
| 12/25/2018 | 3 | Civil Cover Sheet.. Re 1 Complaint by Odilon Celestin |
| 12/28/2018 | Case Assigned to Judge LaShann DeArcy Hall and Magistrate Judge Peggy Kuo. | |
| 12/28/2018 | 4 | In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified |
| 12/28/2018 | 5 | This attorney case opening filing has been checked for quality control. |
| 12/28/2018 | NOTICE :The Proposed summons is rejected; the current form that is on The Court’s website is to be utilized; Counsel is advised to submit a correct proposed summons using the event Proposed Summons/Civil Cover Sheet | |
| 12/29/2018 | 6 | Proposed Summons. Re 1 Complaint by Odilon S. Celestin |
| 01/10/2019 | 7 | Summons Issued as to All Defendants. |
| 01/15/2019 | 8 | MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11107488. by Unitransfer USA, INC.. |
| 01/16/2019 | 9 | NOTICE of Appearance by Kieran M. Corcoran on behalf of Unitransfer USA, INC. (aty to be noticed) |
| 01/16/2019 | 10 | Corporate Disclosure Statement by Unitransfer USA, INC. identifying Corporate Parent Unibank, S.A. for Unitransfer USA, INC.. |
| 01/16/2019 | ORDER granting 8 Motion for Leave to Appear pro hac vice. Attorney Paul Turner is permitted to appear pro hac vice on behalf of defendant Unitransfer USA, INC. | |
| 01/17/2019 | 11 | MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11114662. by Unitransfer USA, INC.. |
| 01/18/2019 | ORDER granting 11 Motion for Leave to Appear pro hac vice. Attorney Benjamin L. Reiss is permitted to appear pro hac vice on behalf of defendant Unitransfer USA, INC. | |
| 01/18/2019 | 12 | NOTICE of Appearance by Paul D. Turner on behalf of Unitransfer USA, INC. (notification declined or already on case) |
| 01/18/2019 | 13 | NOTICE of Appearance by Benjamin L Reiss on behalf of Unitransfer USA, INC. (notification declined or already on case) |
| 01/22/2019 | 14 | MOTION for Extension of Time to File Answer by Unitransfer USA, INC.. |
| 01/23/2019 | ORDER granting 14 Motion for Extension of Time to Answer. The deadline for Defendant Unitransfer USA, INC., to answer or otherwise respond to the complaint is extended to February 25, 2019. Ordered by Magistrate Judge Peggy Kuo on 1/23/2019. | |
| 01/23/2019 | 15 | AMENDED COMPLAINT Celestin et al. against All Defendants, filed by Odilon S. Celestin. |
| 01/23/2019 | 16 | Re 15 Amended Complaint by Odilon S. Celestin |
| 01/24/2019 | 17 | MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11134495. by Unitransfer USA, INC.. |
| 01/25/2019 | ORDER granting 17 Motion for Leave to Appear pro hac vice. Attorney Oliver M. Birman is permitted to appear pro hac vice on behalf of defendant Unitransfer USA, INC. | |
| 01/25/2019 | 18 | Summons Issued as to Caribbean Air Mail, Inc., Michel Joseph Martelly, Jovenel Moise, Natcom S.A., Jocelerme Privert, The Government of Haiti, Unitransfer USA, INC., Western Union. |
| 01/25/2019 | 19 | NOTICE of Appearance by Oliver M. Birman on behalf of Unitransfer USA, INC. (notification declined or already on case) |
| 01/25/2019 | 20 | Summons Issued as to Unibank, S.A., Unigestion Holding, S.A. |
| 01/25/2019 | 21 | AMENDED COMPLAINT Translated Summons & Complaint against All Defendants, filed by Odilon S. Celestin. |
| 01/28/2019 | 22 | NOTICE of Appearance by Zachary Winthrop Silverman on behalf of Western Union Financial Services, Inc. (aty to be noticed) |
| 01/28/2019 | 23 | NOTICE of Appearance by Andrew P. Fishkin on behalf of Western Union Financial Services, Inc. (aty to be noticed) |
| 01/30/2019 | 24 | MOTION for Extension of Time to File Answer to Amended Complaint by Unitransfer USA, INC.. |
| 01/30/2019 | 25 | RESPONSE to Motion re 24 MOTION for Extension of Time to File Answer to Amended Complaint Response objecting in part filed by Odilon S. Celestin. |
| 01/30/2019 | 26 | MOTION to Amend/Correct/Supplement 24 MOTION for Extension of Time to File Answer to Amended Complaint by Unitransfer USA, INC.. |
| 01/31/2019 | 27 | RESPONSE to Motion re 26 MOTION to Amend/Correct/Supplement 24 MOTION for Extension of Time to File Answer to Amended Complaint Objection to Corrected Letter Motion filed by All Plaintiffs. |
| 02/01/2019 | ORDER granting 24 Motion for Extension of Time to Answer and 26 Motion to Amend 24 . The deadline for Defendant Unitransfer USA, INC., to answer, move, or otherwise respond to the Amended Complaint is extended to February 25, 2019. Ordered by Magistrate Judge Peggy Kuo on 2/1/2019. | |
| 02/01/2019 | 28 | NOTICE of Appearance by Andrew P. Fishkin on behalf of Western Union (aty to be noticed) |
| 02/01/2019 | 29 | NOTICE of Appearance by Zachary Winthrop Silverman on behalf of Western Union (aty to be noticed) |
| 02/04/2019 | 30 | MOTION for Extension of Time to File Response to Amended Complaint by Western Union. (Silverman, Zachary) Modified on 2/5/2019 to reflect that this is a Motion for Extension of Time to File Answer. |
| 02/05/2019 | 31 | RESPONSE in Opposition re 30 MOTION for Extension of Time to File Response to Amended Complaint Response filed by All Plaintiffs. |
| 02/05/2019 | 32 | REPLY to Response to Motion re 30 MOTION for Extension of Time to File Response to Amended Complaint filed by Western Union. |
| 02/05/2019 | ORDER granting 30 Motion for Extension of Time to File Response to Amended Complaint. The deadline for Defendant The Western Union Company to answer or otherwise respond to the Amended Complaint is extended to March 15, 2019. Ordered by Magistrate Judge Peggy Kuo on 2/5/2019. | |
| 02/06/2019 | 33 | NOTICE of Appearance by Stephen H. Nakamura on behalf of Caribbean Air Mail, Inc. (aty to be noticed) |
| 02/06/2019 | 34 | Corporate Disclosure Statement by Caribbean Air Mail, Inc. identifying Corporate Parent Duberry Worldwide LTD for Caribbean Air Mail, Inc.. |
| 02/06/2019 | 35 | NOTICE of Appearance by Andrew R. Peck on behalf of Caribbean Air Mail, Inc. (aty to be noticed) |
| 02/19/2019 | 36 | First MOTION for Extension of Time to File Response to the Amended Complaint (see ECF No. 15) by Caribbean Air Mail, Inc.. (Nakamura, Stephen) Modified on 2/20/2019 to reflect that this is a Motion for Extension of Time to File Answer. |
| 02/19/2019 | 37 | Corporate Disclosure Statement by Western Union |
| 02/20/2019 | ORDER granting 36 Motion for Extension of Time to File Response to the Amended Complaint. The deadline for Defendant Caribbean Air Mail, Inc. to answer or otherwise respond to the Amended Complaint is extended to February 25, 2019. Ordered by Magistrate Judge Peggy Kuo on 2/20/2019. | |
| 02/21/2019 | 38 | MOTION for pre motion conference by Unitransfer USA, INC.. |
| 02/25/2019 | 39 | MOTION for pre motion conference by Caribbean Air Mail, Inc.. |
| 02/26/2019 | 40 | NOTICE of Appearance by Oliver M. Birman on behalf of Unibank, S.A. (aty to be noticed) |
| 02/26/2019 | 41 | NOTICE of Appearance by Paul D. Turner on behalf of Unibank, S.A. (aty to be noticed) |
| 02/26/2019 | 42 | NOTICE of Appearance by Benjamin L Reiss on behalf of Unibank, S.A. (aty to be noticed) |
| 02/26/2019 | 43 | RESPONSE in Opposition re 38 MOTION for pre motion conference filed by All Plaintiffs. |
| 02/26/2019 | 44 | NOTICE of Appearance by Kieran M. Corcoran on behalf of Unibank, S.A. (aty to be noticed) |
| 02/26/2019 | 45 | MOTION for Extension of Time to File Answer by Unibank, S.A.. |
| 02/27/2019 | ORDER granting 45 Motion for Extension of Time to File Answer. The deadline for Defendant Unibank, S.A. to answer, move, or otherwise respond to the Amended Complaint is extended to April 8, 2019. Ordered by Magistrate Judge Peggy Kuo on 2/27/2019. | |
| 02/27/2019 | 46 | NOTICE of Appearance by James H.R. Windels on behalf of Unigestion Holding, S.A (aty to be noticed) |
| 02/27/2019 | 47 | NOTICE of Appearance by Robert Gerard King on behalf of Unigestion Holding, S.A (aty to be noticed) |
| 02/27/2019 | 48 | Letter MOTION for pre motion conference by Unigestion Holding, S.A. |
| 02/28/2019 | 49 | Corporate Disclosure Statement by Unigestion Holding, S.A identifying Corporate Parent Digicel Group Limited for Unigestion Holding, S.A. |
| 03/03/2019 | 50 | RESPONSE in Opposition re 39 MOTION for pre motion conference filed by All Plaintiffs. |
| 03/14/2019 | 51 | MOTION for pre motion conference by Western Union. |
| 03/15/2019 | 52 | RESPONSE to Motion re 48 Letter MOTION for pre motion conference filed by All Plaintiffs. |
| 03/18/2019 | SCHEDULING ORDER: A pre-motion conference regarding the proposed motions to dismiss by Defendants Unitransfer USA, Inc. 38 , Caribbean Air Mail, Inc. 39 , Unigestion Holdings, S.A. 48 , and Western Union 51 shall be held on April 10, 2019, at 3:00 p.m., in Courtroom 4H North. Ordered by Judge LaShann DeArcy Hall on 3/18/2019. | |
| 03/27/2019 | ORDER: In contravention of this Court’s Individual Practices, Plaintiffs failed to timely file a letter response to Defendant Western Union’s March 14, 2019 letter motion 51 for a pre-motion conference either opposing the motion or advising the Court that they do not intend to oppose the motion. Plaintiffs shall file such letter by March 28, 2019. Ordered by Judge LaShann DeArcy Hall on 3/27/2019. | |
| 03/28/2019 | 53 | Letter Opposition to Western Union’s Letter Motion by Odilon S. Celestin |
| 03/28/2019 | 54 | Letter MOTION for Sanctions by Unitransfer USA, INC.. |
| 04/02/2019 | 55 | Letter Opposing Unitransfer’s Request for briefing schedule for Rule 11 Sanctions by Odilon S. Celestin (Attachments: # 1 Exhibit Unitransfer Receipts) |
| 04/03/2019 | 56 | Corporate Disclosure Statement by Unibank, S.A. |
| 04/03/2019 | 57 | Corporate Disclosure Statement by Unitransfer USA, INC. identifying Corporate Parent GFN American Holdings, LLC for Unitransfer USA, INC.. |
| 04/03/2019 | 58 | Letter MOTION for pre motion conference by Unibank, S.A.. |
| 04/05/2019 | SCHEDULING ORDER: The Court is in receipt of Defendant Unibank, S.A.’s April 3, 2019 letter motion 58 for a pre-motion conference. Plaintiffs shall file their letter response by April 9, 2019. Due to a conflict in the Court’s calendar, the April 10, 2019 pre-motion conference previously scheduled for 3:00 p.m. shall be held at 12:00 p.m. Ordered by Judge LaShann DeArcy Hall on 4/5/2019. | |
| 04/08/2019 | 59 | SUMMONS Returned Executed by Odilon S. Celestin. All Parties. |
| 04/08/2019 | 60 | Letter In Opposition to Unibank’s pre-motion letter by Odilon S. Celestin |
| 04/09/2019 | 61 | Letter MOTION for Leave to File Document Pre-Motion Letter Seeking Leave to file amended complaint by Odilon S. Celestin. |
| 04/12/2019 | MINUTE ENTRY AND ORDER: A pre-motion conference was held before Judge LaShann DeArcy Hall on April 10, 2019. Marcel Pierre Denis and Rodney Austin appeared on behalf of Plaintiffs. Benjamin L. Reiss and Kieran M. Corcoran appeared on behalf of Defendants Unitransfer USA, Inc., and Unibank, S.A. James H.R. Windels appeared on behalf of Defendant Unigestion Holding, S.A. Stephen H. Nakamura appeared on behalf of Defendant Carribean Air Mail, Inc. Andrew P. Fishkin appeared on behalf of Defendant Western Union. The Court GRANTED Plaintiffs’ April 9, 2019 motion 61 for leave to file a second amended complaint, which leave is limited to the issues Plaintiffs raise in their pre-motion letter 61 . Plaintiffs shall file their second amended complaint by April 24, 2019. The parties shall then proceed to briefing Defendants’ proposed motions to dismiss on the grounds of forum non conveniens and the act-of-state doctrine only. Defendants shall serve Plaintiffs with a single, consolidated motion and supporting memorandum by May 15, 2019. Plaintiffs shall serve Defendants with their opposition by June 12, 2019. Defendants shall serve Plaintiffs with their reply and file the fully briefed motion by June 26, 2019. Memoranda of law shall comply with this Court’s Individual Practices. The parties are reminded that this Court’s Individual Practices require parties to submit courtesy copies of all motion papers to Chambers at the time they are served on opposing parties. | |
| 04/24/2019 | 62 | AMENDED COMPLAINT Second Amended Complaint against All Defendants, filed by Odilon S. Celestin. |
| 06/12/2019 | ORDER: Defendant Unitransfer USA, Inc.’s March 28, 2019 letter motion 54 for sanctions is DENIED without prejudice in light of the April 24 filing of the second amended complaint. Ordered by Judge LaShann DeArcy Hall on 6/12/2019. | |
| 06/13/2019 | 63 | MEMORANDUM in Opposition re Defendants Motion to Dismiss filed by Plaintiff’s. (CD’s Submitted as to Exhibits A, B, F, G, H, I.) |
| 06/26/2019 | 64 | Joint MOTION to Dismiss the Second Amended Class Action Complaint by Unigestion Holding, S.A. (Attachments: # 1 Joint Memorandum of Law in Support of Defendants’ Motion to Dismiss the Second Amended Class Action Complaint, # 2 Declaration of James H.R. Windels, # 3 Declaration of Jean-Frederic Sales, # 4 Declaration of Andre Largie on behalf of The Western Union Company, # 5 Declaration of Jean Claude Dierickx on behalf of Caribbean Airmail, Inc., # 6 Declaration of F. Carl Braun on behalf of Unibank S.A., # 7 Declaration of Adrien Castera on behalf of Unitransfer USA, Inc., # 8 Declaration of Gerard Laborde on behalf of Unigestion Holding, S.A., # 9 Proposed Order) |
| 06/26/2019 | 65 | MEMORANDUM in Opposition re 64 Joint MOTION to Dismiss the Second Amended Class Action Complaint filed by Unigestion Holding, S.A. (Attachments: # 1 Declaration of Marcel Denis, # 2 Declaration of Odilon S. Celestin, # 3 Declaration of Pierre Max Antoine, # 4 Proposed Order) |
| 06/26/2019 | 66 | REPLY in Support re 64 Joint MOTION to Dismiss the Second Amended Class Action Complaint /Joint Reply Memorandum of Law in Further Support of Moving Defendants’ Motion to Dismiss the Second Amended Class Action Complaint filed by Unigestion Holding, S.A. |
| 07/18/2019 | 67 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on April 10, 2019, before Judge DeArcy Hall. |
| 01/15/2020 | 68 | Letter by Odilon S. Celestin |
| 01/30/2020 | 69 | Letter in response to Plaintiffs’ letter dated January 15, 2020 requesting that the Court take judicial notice by Unigestion Holding, S.A |
| 01/31/2020 | 70 | Letter in response to Plaintiffs’ letter dated January 15, 2020, requesting that the Court take judicial notice by Unitransfer USA, INC. |
| 02/09/2020 | 71 | Letter Reply to Defendants Response to Plaintiffs request for judicial notice by Odilon S. Celestin (Attachments: # 1 Exhibit Article Translated from French to English) |
| 02/13/2020 | 72 | Letter in response to Plaintiffs’ letter dated February 9, 2020 by Unigestion Holding, S.A |
| 03/31/2020 | 73 | MEMORANDUM AND ORDER: For the reasons set forth in the attached memorandum and opinion, Defendants’ motion to dismiss with prejudice GRANTED, and the complaint is dismissed in its entirety against Defendants Caribbean Air Mail, Inc., Unibank S.A., Unitransfer USA Inc., Unigestion Holding, S.A., d/b/a Digicel Haiti, and Western Union Company. Failure to execute service on the Government of Haiti, Jovenel Moise, Michel Joseph Martelly, Jocelerme Privert, and Natcom within fourteen (14) days of this memorandum and order will result in dismissal of the claims against them and the case will be closed. Ordered by Judge LaShann DeArcy Hall on 3/31/2020. |
| 04/18/2020 | 74 | SUMMONS Returned Executed by Odilon S. Celestin. Michel Joseph Martelly served on 4/13/2020, answer due 5/4/2020. |
| 04/28/2020 | 75 | NOTICE OF APPEAL by Odilon S. Celestin. Filing fee $ 505, receipt number ANYEDC-12729798. Appeal Record due by 5/6/2020. |
| 04/29/2020 | Electronic Index to Record on Appeal sent to US Court of Appeals. 75 Notice of Appeal Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we’ll arrange for the document(s) to be made available to you. | |
| 05/04/2020 | 76 | NOTICE of Appearance by Bertrand Rolf Madsen on behalf of Michel Joseph Martelly, Jovenel Moise, Jocelerme Privert, The Government of Haiti (aty to be noticed) |
| 05/04/2020 | 77 | MOTION for Extension of Time to File a Response to the Second Amended Complaint by Michel Joseph Martelly, Jovenel Moise, Jocelerme Privert, The Government of Haiti. |
| 05/04/2020 | ORDER granting 77 Motion for Extension of Time to Answer. The deadline for Defendants Michel Joseph Martelly, Jovenel Moise, Jocelerme Privert, and The Government of Haiti to answer, or otherwise respond to the Second Amended Complaint is extended to May 25, 2020. Ordered by Magistrate Judge Peggy Kuo on 5/4/2020. | |
| 05/06/2020 | ORDER: In light of the notice of appeal 75 filed by Plaintiff, this matter shall be STAYED pending the outcome of the appeal. The deadline for Defendants Martelly, Moise, Privert and the Government of Haiti to answer, or otherwise respond to the Second Amended Complaint is ADJOURNED sine die. Ordered by Judge LaShann DeArcy Hall on 5/6/2020. | |
| 05/13/2020 | 78 | ORDER of USCA as to 75 Notice of Appeal filed by Odilon Celestin, The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to Local Rule 42.1. The stipulation is hereby “So Ordered” without prejudice to reinstatement by 11/30/20. Certified Copy Issued: 5/12/20. USCA #20-1412. |
| 05/14/2020 | ORDER: The parties are directed to file a joint status report providing an agreed date for the Defendants to answer or otherwise respond to the Second Amended Complaint by May 18, 2020. Ordered by Magistrate Judge Peggy Kuo on 5/14/2020. | |
| 05/15/2020 | 79 | MOTION for Extension of Time to File Answer or Otherwise Respond to the Second Amended Complaint by Michel Joseph Martelly, Jovenel Moise, Jocelerme Privert, The Government of Haiti. |
| 05/18/2020 | ORDER granting 79 Motion for Extension of Time to Answer. The deadline for Defendants Michel Joseph Martelly, Jovenel Moise, Jocelerme Privert, and The Government of Haiti to answer, or otherwise respond to the Second Amended Complaint is extended to May 25, 2020. Ordered by Magistrate Judge Peggy Kuo on 5/18/2020. | |
| 05/22/2020 | 80 | MOTION for pre motion conference by Michel Joseph Martelly, Jovenel Moise, Jocelerme Privert, The Government of Haiti. |
| 05/26/2020 | 81 | NOTICE of Appearance by Macx L. Jean-Louis on behalf of Natcom S.A. (aty to be noticed) |
| 05/26/2020 | 82 | MOTION for Extension of Time to File Answer by Natcom S.A.. |
| 05/26/2020 | ORDER granting 82 Motion for Extension of Time to Answer. The deadline for Defendnat Natcom S.A. to answer or otherwise respond is extended to June 9, 2020. Ordered by Magistrate Judge Peggy Kuo on 5/26/2020. | |
| 05/29/2020 | 83 | MEMORANDUM in Opposition Letter response to Defendants Martelly, Moise, Privert, and the Government of Haiti filed by Odilon S. Celestin. |
| 06/02/2020 | 84 | Corporate Disclosure Statement by Natcom S.A. |
| 06/02/2020 | 85 | Letter by Natcom S.A. |
| 06/04/2020 | ORDER: Defendants’ requests 80 85 for a pre-motion on an anticipated motion to dismiss are DENIED. The parties shall brief Defendants’ motion to dismiss in accordance with this Court’s Individual Practices. Defendants shall serve Plaintiff with one omnibus motion to dismiss not to exceed five pages by June 17, 2020. Plaintiff shall serve Defendants with opposition papers not to exceed five pages by July 1, 2020. Defendants shall serve Plaintiff with one reply, if any, not to exceed five pages and file the fully briefed motion by July 8, 2020. As a courtesy, unless objected to by the parties, the Court asks that the parties file the motion only once it is fully briefed. Defendants shall provide the Court with a courtesy copy of the filed, stamped, fully briefed motion, within two business days of filing. Memoranda of law and courtesy copies shall comply with this Court’s Individual Practices. Ordered by Judge LaShann DeArcy Hall on 6/4/2020. | |
| 07/07/2020 | 86 | MOTION to Dismiss by Michel Joseph Martelly, Jovenel Moise, Natcom S.A., Jocelerme Privert, The Government of Haiti. |
| 07/07/2020 | 87 | MEMORANDUM in Support re 86 MOTION to Dismiss filed by Michel Joseph Martelly, Jovenel Moise, Natcom S.A., Jocelerme Privert, The Government of Haiti. |
| 07/07/2020 | 88 | MEMORANDUM in Opposition re 86 MOTION to Dismiss filed by Michel Joseph Martelly, Jovenel Moise, Natcom S.A., Jocelerme Privert, The Government of Haiti. (Attachments: # 1 Exhibit A to Plaintiffs’ Opposition to Defendants’ Motion to Dismiss, # 2 Exhibit B to Plaintiffs’ Opposition to Defendants’ Motion to Dismiss) |
| 07/07/2020 | 89 | REPLY in Support re 86 MOTION to Dismiss filed by Michel Joseph Martelly, Jovenel Moise, Natcom S.A., Jocelerme Privert, The Government of Haiti. |
| 10/14/2020 | 90 | Letter MOTION for pre motion conference Request for Judicial Notice by Odilon S. Celestin. |
| 10/15/2020 | ORDER: The Court is in receipt of a letter 90 from Plaintiffs requesting the Court take judicial notice of a United Nations (“UN”) report published in September 2020. This request was improperly docketed as a request for a pre-motion conference. Plaintiffs’ request for a pre-motion conference is accordingly DENIED as improperly requested. The Court reserves any determination on taking judicial notice of the UN report. Ordered by Judge LaShann DeArcy Hall on 10/15/2020. | |
| 10/16/2020 | 91 | Letter MOTION for Leave to File Document Request to take Judicial Notice (corrected) by Odilon S. Celestin. |
| 12/02/2020 | 92 | ORDER of USCA as to 75 Notice of Appeal filed by Odilon S. Celestin. The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to Local Rule 42.1. The stipulation is hereby “So Ordered” without prejudice to reinstatement by 08/11/2021. Certified Copy Issued: 11/25/20. USCA #20-1412. |
| 02/14/2021 | 93 | Fourth MOTION for Leave to File Document Request for Judicial Notice by Odilon S. Celestin. |
| 03/10/2021 | 94 | CORRECTED MEMORANDUM AND ORDER: The March 31, 2021 Memorandum and Order (ECF No. 73) is VACATED. For the reasons stated in the attached memorandum and order, Defendants’ motion to dismiss with prejudice is GRANTED, and the complaint is dismissed in its entirety against Defendants Caribbean Air Mail, Inc., Unibank S.A., Unitransfer USA Inc., Unigestion Holding, S.A., d/b/a Digicel Haiti, and Western Union Company. Ordered by Judge LaShann DeArcy Hall on 3/10/2021. |
| 03/10/2021 | 95 | MEMORANDUM AND ORDER: For the reasons stated in the attached memorandum and order, Defendants’ motion to dismiss 86 is GRANTED, and the complaint is dismissed in its entirety. Plaintiffs’ request that the Court take judicial notice of various materials 91 93 is DENIED. The Clerk of Court is respectfully directed to enter judgment and close this case. Ordered by Judge LaShann DeArcy Hall on 3/10/2021. |
| 03/11/2021 | 96 | VACATEDCLERK’S JUDGMENT, that Moving Defendants’ motion to dismiss is granted; that the complaint is dismissed in its entirety; and that Plaintiffs’ request that the Court take judicial notice of various materials (DE# 91& 93) is denied. Signed by Douglas C. Palmer, Clerk of Court, by J. Poveda, Deputy Clerk on 3/11/2021. (Layne, Monique) Modified on 4/27/2022 pursuant to 104 Order and Mandate of U.S. Court of Appeals to indicate Jgt. 96 is VACATED. |
| 04/05/2021 | 97 | NOTICE OF APPEAL by Odilon S. Celestin. Appeal Record due by 4/12/2021. |
| 04/05/2021 | APPEAL FILING FEE DUE re 97 Notice of Appeal Payment in the amount of $505.00, can be made in person to the clerks office, or mailed in or paid online with the event Civil Case Appeal Filing Fee. | |
| 04/05/2021 | Electronic Index to Record on Appeal sent to US Court of Appeals. | |
| 03/31/2022 | 98 | ORDER of USCA as to 97 Notice of Appeal filed by Odilon S. Celestin. We therefore REVERSE the District Courts dismissal of the antitrust claim under the act of state doctrine and VACATE the dismissal of the fifteen state-law claims for reanalysis under the proper standard. We further VACATE the dismissal on the alternative grounds of forum non conveniens because the District Court did not give due deference to U.S.- resident Plaintiffs choice of forum. The case is REMANDED for further proceedings consistent with this opinion. Certified Copy Issued: 3/31/2022. USCA# 20-1412. |
| 04/01/2022 | NOTICE: An Order was entered in error on April 1, 2022 directing the defendant to answer by April 15, 2022. The parties are instructed to disregard this previous Order. Ordered by Magistrate Judge Peggy Kuo on 4/1/2022. | |
| 04/13/2022 | 99 | Letter by Western Union, Western Union Financial Services, Inc. |
| 04/14/2022 | 100 | Letter on behalf of Plaintiffs by Odilon S. Celestin |
| 04/14/2022 | 101 | Letter Defendant Unibank, S.A.’s Supplement to Corporate Defendants’ April 13, 2022 Letter by Unibank, S.A. |
| 04/18/2022 | 102 | Letter In Response to Unibank’s April 13, 2022 Letter by Odilon S. Celestin |
| 04/19/2022 | 103 | Letter In Response to Unibank’s April 13, 2022 by Odilon S. Celestin (Attachments: # 1 Affidavit) |
| 04/21/2022 | SCHEDULING ORDER: A status conference shall be held on May 2, 2022 at 9:30 a.m. in courtroom 4H North. Ordered by Judge LaShann DeArcy Hall on 4/21/2022. | |
| 04/21/2022 | 104 | MANDATE of USCA as to 97 Notice of Appeal filed by Odilon S. Celestin. IT IS HEREBY ORDERED, that the Judgment of the District Court is REVERSED as to the act of state doctrines application to the antitrust claim. The remainder of the Judgment is VACATED and remanded for reanalysis under the correct standards, both on the act of state doctrine and on forum non conveniens. Issued as Mandate: 4/21/2022. USCA# 20-1412. |
| 04/22/2022 | 105 | NOTICE of Appearance by Elizabeth Wolstein on behalf of Michel Joseph Martelly, Jocelerme Privert, The Government of Haiti |
| 04/22/2022 | 106 | Letter MOTION for pre motion conference by Michel Joseph Martelly, Jocelerme Privert, The Government of Haiti. |
| 04/25/2022 | 107 | NOTICE of Appearance by Steven Aaron Loterstein on behalf of Western Union, Western Union Financial Services, Inc. (aty to be noticed) |
| 04/26/2022 | ORDER: Plaintiffs shall file their response to Defendants’ letter Motion 106 for pre-motion conference by April 29, 2022. Ordered by Judge LaShann DeArcy Hall on 4/26/2022. | |
| 04/26/2022 | 108 | MOTION for Request for Telephonic Appearance by Unibank, S.A.. (Corcoran, Kieran) Modified on 4/26/2022 to correct event. |
| 04/26/2022 | 109 | Letter MOTION to Appear by Telephone at May 2, 2022 Conference by Michel Joseph Martelly, Jocelerme Privert, The Government of Haiti. |
| 04/27/2022 | 110 | MOTION for pre motion conference by Natcom S.A.. |
| 04/27/2022 | ORDER: Defendants’ motions 108 and 109 are granted. The status conference scheduled for May 2, 2022 at 9:30 a.m. before Judge LaShann DeArcy Hall will occur via videoconference. The parties have been sent a video link separately. Ordered by Judge LaShann DeArcy Hall on 4/27/2022. | |
| 04/28/2022 | ORDER: The status conference scheduled for May 2, 2022 before Judge LaShann DeArcy Hall is ADJOURNED sine die. Ordered by Judge LaShann DeArcy Hall on 4/28/2022. | |
| 04/28/2022 | ORDER: Plaintiff shall respond to Defendant Natcom S.A.s request 110 for a premotion conference no later than May 5, 2022. A status conference shall be held before Judge LaShann DeArcy Hall May 17, 2022 at 11:00 a.m. via videoconference. The parties have been sent a video link separately. Ordered by Judge LaShann DeArcy Hall on 4/28/2022. | |
| 04/28/2022 | 111 | Letter Response to Government Defendants’ Letter Motion 106 by Odilon S. Celestin |
| 05/04/2022 | 112 | Letter Response to Natcom’s Letter for pre motion conference to dismiss Plaintiff’s 2nd Amended Complaint by Odilon S. Celestin |
| 05/13/2022 | 113 | Letter Rule 20 Motion to Join MoneyGram as a Defendant by Odilon S. Celestin |
| 05/13/2022 | 114 | NOTICE of Appearance by James Irving McClammy on behalf of Unigestion Holding, S.A (aty to be noticed) |
| 05/13/2022 | 115 | Letter requesting hearing for preliminary injunction by Odilon S. Celestin |
| 05/17/2022 | ORDER: The status conference scheduled for 11:00 a.m. on May 17, 2022 before Judge LaShann DeArcy Hall is ADJOURNED. A status conference shall be held before Judge LaShann DeArcy Hall May 24, 2022, at 10:30 a.m. via videoconference. Ordered by Judge LaShann DeArcy Hall on 5/17/2022. | |
| 05/20/2022 | 116 | Letter to Judge DeArcy Hall Responding to Plaintiffs’ Letter dated May 13, 2022 Regarding a Request for a Hearing for Preliminary Injunction Pursuant to Rule 65 of the FRCP by Unigestion Holding, S.A |
| 05/20/2022 | 117 | Letter in Response to Plaintiffs May 13, 2022 Letter Requesting Hearing for Preliminary Injunction (ECF Doc. No. 115) by Michel Joseph Martelly, Jocelerme Privert, The Government of Haiti |
| 05/23/2022 | ORDER: Plaintiffs’ letter request for a preliminary injunction hearing is DENIED. “[T]here is no hard and fast rule in this circuit that oral testimony must be taken on a motion for a preliminary injunction or that the court can in no circumstances dispose of the motion on the papers before it.” Maryland Cas. Co. v. Realty Advisory Bd. On Labor Relations, 107 F.3d 979, 984 (1997) (quotations omitted). Here, a hearing is not necessary to decide the preliminary injunction because, as demonstrated below, Plaintiffs cannot establish “irreparable injury” based on their payment of disputed fees alone. “[A] preliminary injunction is an extraordinary and drastic remedy, one that should not be granted unless the movant, by a clear showing, carries the burden of persuasion.” Sussman v. Crawford, 488 F.3d 136, 139 (2d Cir. 2007) (per curiam) (alteration in original) (emphasis in original). A Plaintiff must show (1) “a likelihood of success on the merits,” (2) “that [the plaintiff] is likely to suffer irreparable injury in the absence of an injunction,” (3) that “the balance of hardships tips in the plaintiff’s favor,” and (4) that the public interest would not be disserved by the issuance of [the] injunction.” Salinger v. Colting, 607 F.3d 68, 7980 (2d Cir. 2010) (internal quotation marks omitted). Here, Plaintiffs’ cursory arguments, contained in a two-page letter with no memorandum of law, are woefully insufficient to satisfy the stringent burden applicable to requests for a preliminary injunction. As to success on the merits, Plaintiffs misunderstand the import of the Second Circuit’s reversal. Contrary to Plaintiffs’ assertion, The Second Circuit did not determine that Plaintiffs pleaded “cognizable claims.” (Dkt. 115 at 1.) The Second Circuit determined only that the “act of state doctrine [] does not foreclose” them. (Dkt. 104 at 25.) Moreover, act of state doctrine aside, Defendants have a host of other arguments for dismissal that the Second Circuit acknowledged the Court has not yet reached, (id. at 24 n.14), and Plaintiffs’ letter addresses none of them. As to irreparable injury, which is “the single most important prerequisite for the issuance of a preliminary injunction,” Grand River Enter. Six Nations, Ltd v. Pryor, 481 F.3d 60, 6667 (2d Cir. 2007), Plaintiffs point only to their payment of additional disputed fees. (Dkt. 115 at 1.) But an irreparable injury is one “incapable of being fully remedied by monetary damages.” Reuters Ltd. v. United Press Int’l, Inc., 903 F.2d 904, 907 (2d Cir. 1990). Because the payment of disputed fees is easily quantifiable and capable of being fully remedied by monetary damages, Plaintiffs fail to satisfy the irreparable injury element, and therefore are not entitled to a preliminary injunction. Ordered by Judge LaShann DeArcy Hall on 5/23/2022. | |
| 05/24/2022 | MINUTE ENTRY AND ORDER: A status conference was held before Judge LaShann DeArcy Hall on May 24, at 10:30 a.m. Marcel Pierre Denis and Rodney Austin appeared on behalf of Plaintiffs. Benjamin L. Reiss and Kieran Corcoran appeared on behalf of Defendants Unitransfer USA, Inc., and Unibank, S.A. James H.R. Stephen H. Nakamura appeared on behalf of Defendant Caribbean Air Mail, Inc. Andrew P. Fishkin and Aaron Loterstein appeared on behalf of Defendant Western Union. Elizabeth Wolstein appeared on behalf of Defendants the Republic of Haiti, Michel Joseph Martelly, and Jocelerme Privert. Macx Jean Louis appeared on behalf of Defendant Natcom S.A. James Irving McClammy appeared on behalf of Digicel Haiti. Plaintiff shall file no later than May 31, 2022, a proposed amended complaint and a redline comparing the Second Amended Complaint with the proposed amended complaint. Defendants shall file no later than June 7, 2022, a joint letter noting any objections to the proposed amended complaint and the proposal for briefing the motions to dismiss in accordance with the instructions set forth on the record. Ordered by Judge LaShann DeArcy Hall on 5/24/2022. (Court Reporter David Roy.) (Williams, Erica) Modified on 5/26/2022 | |
| 05/30/2022 | 118 | AMENDED COMPLAINT PLAINTIFFS’ THIRD AMENDED COMPLAINT against Caribbean Air Mail, Inc., Michel Joseph Martelly, Jovenel Moise, MoneyGram International, Inc., MoneyGram Payment System, Inc., (collectively MGI), Natcom S.A., Jocelerme Privert, The Government of Haiti, Unibank, S.A., Unigestion Holding, S.A, Unitransfer USA, INC., Western Union Company, filed by Odilon S. Celestin, Widmir Romelien, Jeannette Valeus, Guetty Felin, Gorettie St. Vil, Herve Cohen, Marie Lucie St. Vil. |
| 06/07/2022 | 119 | Letter by Western Union, Western Union Financial Services, Inc. (Attachments: # 1 Redline of the Proposed Third Amended Complaint against the Second Amended Complaint) |
| 06/22/2022 | 120 | MOTION to Withdraw as Attorney by Unigestion Holding, S.A. (Attachments: # 1 Declaration of Robert G. King) |
| 06/22/2022 | ORDER granting 120 Motion to Withdraw as Attorney. Attorney Robert Gerard King terminated. Ordered by Magistrate Judge Peggy Kuo on 6/22/2022. | |
| 06/29/2022 | 121 | NOTICE of Change of Address for Elizabeth Wolstein |
| 07/12/2022 | 122 | NOTICE of Appearance by Marie Killmond on behalf of Unigestion Holding, S.A (aty to be noticed) |
| 07/19/2022 | ORDER: Plaintiffs’ oral motion to file a Third Amended Complaint is GRANTED. Defendants’ motions 106 and 110 for pretrial conferences are DENIED as moot. The Court has considered the parties’ briefing proposal, and modifies it as follows: An omnibus motion addressing dismissal based upon forum non conveniens, Federal Rule of Civil Procedure 8, 9(b), and 12(b)(6), and act of state doctrine shall be joined by all Defendants. The opening brief and opposition brief shall each be no more than 45 pages, and the reply shall be no more than 20 pages. Defendants shall serve the opening brief on Plaintiffs no later than August 24, 2022. Plaintiffs shall serve the opposition brief no later than September 21, 2022. Defendants shall serve their reply no later than October 12, 2022. Unibank shall file its motion to dismiss based on personal jurisdiction. The opening brief and opposition shall be no more than 10 pages, and the reply shall be no more than 5 pages. Defendant shall serve its opening brief on Plaintiffs no later than September 21, 2022. Plaintiffs shall serve their opposition no later than October 19, 2022. Defendant shall serve its reply on Plaintiff, and file the fully briefed motion, no later than November 9, 2022. An omnibus motion to dismiss based on lack of subject matter jurisdiction shall be joined by Western Union, Unitransfer, and Caribbean Air Mail. The opening brief and opposition shall each be no more than 15 pages, and the reply shall be no more than 7 pages. Defendants shall serve the opening brief on Plaintiffs no later than October 19, 2022. Plaintiffs shall serve their opposition on Defendants no later than November 16, 2022. Defendants shall serve on Plaintiffs their reply, and file the fully briefed motion on the docket, no later than December 7, 2022. An omnibus motion to dismiss based upon lack of personal and subject jurisdiction shall be joined by the Government Defendants and Natcom. The opening brief and opposition shall each be no more than 15 pages, and the reply shall be no more than 7 pages. Defendants shall serve the opening brief on Plaintiffs no later than November 16, 2022. Plaintiffs shall serve their opposition on Defendants no later than December 14, 2022. Defendants shall serve their reply on Plaintiffs, and file the fully briefed motion and the fully briefed all-Defendant omnibus motion, no later than January 4, 2022. The Court set the page limits and briefing schedule under the assumption that the parties would use the all-Defendant omnibus motion to set out the facts such that those facts would not need to be repeated in each separate motion. The parties shall mail or email to the Court courtesy copies of each brief upon service to the opposing party. Should the parties require additional pages for any given brief, a short letter request explaining the number of pages and the reasons why will be considered. Ordered by Judge LaShann DeArcy Hall on 7/19/2022. | |
| 07/22/2022 | 123 | Letter by Western Union, Western Union Financial Services, Inc. |
| 07/26/2022 | 124 | Proposed Summons. Re 118 Amended Complaint by Odilon S. Celestin |
| 07/27/2022 |
Your proposed summons was not issued for the following reason: The names of all parties must be listed in the caption of the summons. If spacing does not allow for the number of parties, then there must me a rider attached to the summons with the full caption included and addresses for the defendants for which you seek a summons Please correct and resubmit using Proposed Summons/Civil Cover Sheet. |
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| 07/27/2022 | 125 | Proposed Summons. Re Quality Control Check – Summons, 118 Amended Complaint, 124 Proposed Summons/Civil Cover Sheet by Odilon S. Celestin |
| 07/28/2022 | 126 | Summons Issued as to MoneyGram International, Inc., MoneyGram Payment System, Inc., (collectively MGI). |
| 08/15/2022 | 127 | NOTICE of Appearance by David Stephen Wilck on behalf of MoneyGram International, Inc., MoneyGram Payment System, Inc., (collectively MGI) (aty to be noticed) |
| 08/15/2022 | 128 | NOTICE of Appearance by Brian Laurence Bank on behalf of MoneyGram International, Inc., MoneyGram Payment System, Inc., (collectively MGI) (aty to be noticed) |
| 08/15/2022 | 129 | NOTICE of Appearance by Michelle A. Bholan on behalf of MoneyGram International, Inc., MoneyGram Payment System, Inc., (collectively MGI) (aty to be noticed) |
| 08/15/2022 | 130 | Corporate Disclosure Statement by MoneyGram International, Inc. |
| 08/15/2022 | 131 | Corporate Disclosure Statement by MoneyGram Payment System, Inc., (collectively MGI) identifying Corporate Parent MoneyGram International, Inc., Corporate Parent MoneyGram Payment Systems Worldwide, Inc. for MoneyGram Payment System, Inc., (collectively MGI). |
| 08/15/2022 | 132 | Letter MOTION for Extension of Time to File Motion Papers pursuant to Briefing Schedule in July 19, 2022 Order by MoneyGram International, Inc., MoneyGram Payment System, Inc., (collectively MGI). |
| 08/16/2022 | 133 | NOTICE of Appearance by Samuel Lucien Butt on behalf of Michel Joseph Martelly, Jocelerme Privert, The Government of Haiti (aty to be noticed) |
| 08/17/2022 | 134 | Letter MOTION for Extension of Time to File Motion Papers pursuant to Briefing Schedule in July 19, 2022 Order – Modify Prior Application by MoneyGram International, Inc., MoneyGram Payment System, Inc., (collectively MGI). |
| 08/18/2022 | ORDER: Defendant Moneygram’s request 132 for an extension of the briefing schedule is GRANTED. Defendant Moneygram’s modified request 134 is DENIED. All parties shall have an additional 30 days to serve and/or file the motion papers. Ordered by Judge LaShann DeArcy Hall on 8/18/2022. | |
| 08/26/2022 | 135 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on May 24, 2022, before Judge Lashann Dearcy Hall. |
| 10/28/2022 | 136 | Letter MOTION for Extension of Time to File Response/Reply in further support of Ominbus Motion to dismiss by Caribbean Air Mail, Inc.. |
| 10/31/2022 | ORDER: Defendants’ request for an extension of time to serve their reply brief to the omnibus is GRANTED. Defendants shall serve their reply to Plaintiffs’ opposition to the omnibus motion on December 2, 2022. All other due dates remain in effect. Ordered by Judge LaShann DeArcy Hall on 10/31/2022. | |
| 11/07/2022 | 137 | NOTICE of Voluntary Dismissal by Jeannette Valeus against The Western Union Company, d/b/a Western Union Holdings Inc., Western Union Financial Services Inc. |
| 11/07/2022 | 138 | NOTICE of Voluntary Dismissal by Jeannette Valeus against Unitransfer USA Inc. and Unibank S.A |
| 11/08/2022 | 139 | NOTICE of Voluntary Dismissal by Odilon S. Celestin against Monogram International Inc. and Moneygram Payment System Inc. |
| 11/08/2022 | 140 | Letter Request for Severance of the Joint Motion by Natcom S.A. (Jean-Louis, Macx) |
| 11/08/2022 | 141 | Letter In opposition to Defendants Natcom and The Republic of Haiti to sever the joint motion to dismiss by Odilon S. Celestin (Austin, Rodney) |
| 11/10/2022 | ORDER: Defendants Natcom and Haiti’s request 140 to sever their motion to dismiss is DENIED. However, the page limit for Defendants Natcom and Haiti’s motion to dismiss is increased to 22 pages. Plaintiffs’ opposition shall be no more than 22 pages in length. Defendants’ reply shall be no more than 10 pages in length. Ordered by Judge LaShann DeArcy Hall on 11/10/2022. | |
| 11/17/2022 | 142 | NOTICE of Voluntary Dismissal by Widmir Romelien, Gorettie St. Vil, Marie Lucie St. Vil Guetty Felin and Herve Cohen against Caribbean Air Mail d/b/a cam without prejudice |
| 11/29/2022 | 143 | Letter MOTION for Leave to File Excess Pages for reply brief in support of the Omnibus Motion to Dismiss by Unitransfer USA, INC.. |
| 11/30/2022 | 144 | RESPONSE in Opposition re 143 Letter MOTION for Leave to File Excess Pages for reply brief in support of the Omnibus Motion to Dismiss filed by Odilon S. Celestin. |
| 12/01/2022 | ORDER: Defendant’s request 143 for leave to file excess pages is GRANTED. Defendants reply brief for the all-Defendant omnibus motion to dismiss shall be no more than 25 pages. Ordered by Judge LaShann DeArcy Hall on 12/1/2022. | |
| 12/12/2022 | ORDER: Per the Court’s order setting the briefing schedule dated July 19, 2022, as extended by the Court on August 18, 2022, Defendant Unibank should have filed its fully briefed motion to dismiss for lack of personal jurisdiction on December 9, 2022. Defendant Unibank has failed to do so. Defendant Unibank shall file its fully briefed motion no later than December 13, 2022. As a reminder, all motions, other than the all-Defendant omnibus motion, shall be filed on the day that the reply brief is due. In addition, the parties must mail courtesy copies of all of the briefs, including the all-Defendant omnibus motion to dismiss, to chambers once fully briefed. Ordered by Judge LaShann DeArcy Hall on 12/12/2022. | |
| 12/12/2022 | 145 | MOTION to Dismiss for Lack of Jurisdiction the Third Amended Class Action Complaint by Unibank, S.A.. (Attachments: # 1 Memorandum in Support of Unibank, S.A.’s Motion to Dismiss for Lack of Personal Jurisdiction, # 2 Declaration of Franck Helmcke on behalf of Unibank, S.A.) |
| 12/12/2022 | 146 | MEMORANDUM in Opposition re 145 MOTION to Dismiss for Lack of Jurisdiction the Third Amended Class Action Complaint filed by Unibank, S.A.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Declaration of Widmir Romelien) |
| 12/12/2022 | 147 | REPLY in Support re 145 MOTION to Dismiss for Lack of Jurisdiction the Third Amended Class Action Complaint filed by Unibank, S.A.. |
| 01/04/2023 | ORDER: Defendants shall file the fully briefed all-Defendant omnibus motion to dismiss no later than January 5, 2023. Ordered by Judge LaShann DeArcy Hall on 1/4/2023. | |
| 01/04/2023 | 148 | MOTION to Dismiss the Third Amended Class Action Complaint by Caribbean Air Mail, Inc., Michel Joseph Martelly, MoneyGram International, Inc., MoneyGram Payment System, Inc., (collectively MGI), Natcom S.A., Jocelerme Privert, The Government of Haiti, Unibank, S.A., Unigestion Holding, S.A, Unitransfer USA, INC., Western Union Company. (Attachments: # 1 Memorandum in Support, # 2 Declaration of James I. McClammy, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I) |
| 01/04/2023 | 149 | MEMORANDUM in Opposition re 148 MOTION to Dismiss the Third Amended Class Action Complaint filed by Caribbean Air Mail, Inc., Michel Joseph Martelly, MoneyGram International, Inc., MoneyGram Payment System, Inc., (collectively MGI), Natcom S.A., Jocelerme Privert, The Government of Haiti, Unibank, S.A., Unigestion Holding, S.A, Unitransfer USA, INC., Western Union Company. (Attachments: # 1 Declaration of Rodney R. Austin, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E) |
| 01/04/2023 | 150 | REPLY in Support re 148 MOTION to Dismiss the Third Amended Class Action Complaint filed by Caribbean Air Mail, Inc., Michel Joseph Martelly, MoneyGram International, Inc., MoneyGram Payment System, Inc., (collectively MGI), Natcom S.A., Jocelerme Privert, The Government of Haiti, Unibank, S.A., Unigestion Holding, S.A, Unitransfer USA, INC., Western Union Company. |
| 02/01/2023 | 151 | Joint MOTION for Leave to File Document Reply Brief of No More Than 13 Pages by Michel Joseph Martelly, Jocelerme Privert, The Government of Haiti. |
| 02/03/2023 | Defendants’ request to serve a reply brief in excess of 10 pages is GRANTED. Defendants’ reply brief shall be no more than 13 pages. Ordered by Judge LaShann DeArcy Hall on 2/3/2023. | |
| 02/03/2023 | 152 | MOTION to Dismiss by Michel Joseph Martelly, Natcom S.A., Jocelerme Privert, The Government of Haiti. (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Declaration, # 4 Declaration) |
| 02/03/2023 | 153 | MEMORANDUM in Opposition re 152 MOTION to Dismiss filed by Michel Joseph Martelly, Natcom S.A., Jocelerme Privert, The Government of Haiti. |
| 02/03/2023 | 154 | REPLY in Support re 152 MOTION to Dismiss filed by Michel Joseph Martelly, Natcom S.A., Jocelerme Privert, The Government of Haiti. |
| 06/30/2023 | 155 | Corporate Disclosure Statement by MoneyGram International, Inc., MoneyGram Payment System, Inc., (collectively MGI) identifying Other Affiliate Mobius Holdco L.P. for MoneyGram International, Inc.; Corporate Parent MoneyGram Payment Systems Worldwide, Inc. for MoneyGram Payment System, Inc., (collectively MGI). |
| 06/30/2023 | 156 | Letter Re: Unibank S.A.s Motion for Sanctions pursuant to FRCP 11 by Unitransfer USA, INC. |
| 06/30/2023 | 157 | Letter Unitransfer USA, Inc.s Motion for Sanctions pursuant to FRCP 11 by Unitransfer USA, INC. |
| 07/17/2023 | 158 | REPLY in Opposition to Unitransfer’s letter motion for briefing schedule for Rule 11 Sanctions filed by Odilon S. Celestin. |
| 09/29/2023 | 159 | MEMORANDUM AND ORDER: Defendants’ motion to dismiss 145 and 148 is GRANTED, in part, and DENIED, in part. Accordingly, Defendants motion to dismiss Plaintiffs’ claims for fraud, conversion, and violations of FDUTPA and N.Y. GBL is GRANTED. Defendants motion to dismiss for forum non conveniens is DENIED. Defendants motion to dismiss Plaintiffs’ claims for violations of the Communications Act is DENIED. Ordered by Judge LaShann DeArcy Hall on 9/29/2023. |
| 09/29/2023 | ORDER: Defendants’ motion to dismiss 152 for lack of personal jurisdiction is DENIED as moot. Ordered by Judge LaShann DeArcy Hall on 9/29/2023. | |
| 10/20/2023 | 160 | Letter to Judge DeArcy Hall Re: Joint Proposed Schedule for Digicel Haiti’s Motion to Dismiss by Unigestion Holding, S.A |
| 10/24/2023 | ORDER: Defendant Digicel Haiti and Plaintiffs’ joint request 160 for the Court to grant its proposed briefing schedule in anticipation of Digicel Haiti’s motion to dismiss Plaintiffs’ Communications Act claim is GRANTED. The parties shall brief Defendant Digicel Haiti’s motion to dismiss in accordance with this Court’s Individual Rules and Practices. Defendant Digicel Haiti shall serve Plaintiffs with its motion to dismiss on or before January 12, 2024. Plaintiffs shall serve Defendant with any opposition papers on or before February 9, 2024. Defendant shall serve any reply on or before March 1, 2024. The opening brief and opposition brief shall each be no more than 25 pages, and the reply shall be no more than 10 pages. As a courtesy, unless objected to by the parties, the Court asks that the parties file the motion only once it is fully briefed. Defendant shall provide the Court with a courtesy copy of the filed, stamped, fully briefed motion, within two business days of filing. Memoranda of law and courtesy copies shall comply with this Court’s Individual Rules and Practices. Ordered by Judge LaShann DeArcy Hall on 10/24/2023. |
