Crystallex International Corporation v. The Bank of New York Mellon
| New York Southern District Court | |
| Judge: | Vernon S Broderick |
| Case #: | 1:17-cv-07024 |
| Nature of Suit | 890 Other Statutes - Other Statutory Actions |
| Cause | 28:1391 Personal Injury |
| Case Filed: | Sep 14, 2017 |
| Terminated: | May 08, 2018 |
| Last checked: Tuesday Mar 13, 2018 4:56 AM EDT |
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ADR Provider
The Ministry of Defense of the Bolivarian Republic of Venezuela
175 SW 7th Street Suite 2110
Miami, FL 33130 |
Represented By
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Miscellaneous
Huntington Ingalls Incorporated
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Petitioner
Crystallex International Corporation
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Represented By
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Respondent
The Bank of New York Mellon
One Wall Street
New York, NY 10286 |
Represented By
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| Docket last updated: 04/26/2024 11:59 PM EDT |
| Tuesday, May 08, 2018 | ||
| 33 | 33
order
Judgment - Consent
Tue 05/08 12:29 PM
STIPULATION AND FINAL JUDGMENT. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED, further to the Stipulation and upon consent of the parties, that, pursuant to CPLR 5209, Respondent is discharged from any liability with respect to payment of funds in the Account that may be brought by Petitioner, Judgment Debtor the Bolivarian Republic of Venezuela, or Proposed Intervenor The Ministty of Defense of the Bolivarian Republic of Venezuela. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that any other claims relating to the Trust Agreement of the Account or the funds therein that may be asserted by any party are hereby forever barred. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the levy on Respondent, dated August 3, 2017, pursuant to the Writ of Execution issued out of the action captioned Crystallex Int'l Corp. v. Bolivarian Republic of Venezuela, No. 17-mc-205 (VEC), in this Court, dated July 26, 2017, is deemed satisfied and Petitioner will take no further action against Respondent with respect to the Levy against the Account or the funds therein. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Motion to Intervene and Dismiss the Petition, or Alternatively to Transfer Venue [ECF No. 12, 17 (Amended)] is terminated as moot. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Petition is dismissed with prejudice. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court will retain jurisdiction of this matter for the purposes of enforcing this Final Judgment. The Clerk is ordered to close this action and enter this Final Judgment forthwith and without further notice. So ordered. (Signed by Judge Vernon S. Broderick on 5/8/2018). (rjm) |
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| Monday, April 02, 2018 | ||
| 32 | 32
order
Stipulation and Order
Mon 04/02 6:15 PM
STIPULATION AND ORDER AND JUDGMENT: NOW THEREFORE IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys, subject to the approval of the Court, that: Respondent may recover against the Account and the funds contained therein its reasonable legal fees and expenses, in the amount of $428,429.35; The $43,246,941.75 remaining in the Account following the payment of Respondent's reasonable legal fees and expenses shall, pursuant to CPLR 5225, CPLR 5227 and CPLR 5239, be turned over to Petitioner in partial satisfaction of its judgment against judgment debtor Venezuela; 3Such turnover shall be contingent upon the vacatur of the preliminary injunction currently pending in the United States District Court for the Southern District of Mississippi; Upon the filing of the motion to vacate the Preliminary Injunction in a form reasonably acceptable to the Respondent and the vacatur of the Preliminary Injunction in the Mississippi Action, Respondent shall disburse the funds remaining in the Account to Petitioner and any remaining claims against Respondent, including any claims relating to the Trust Agreement or the Account, shall be dismissed with prejudice; 5Upon completion of Respondent's transfer of the funds from the Account to Petitioner, the Respondent shall be, pursuant to CPLR 5209, discharged from any liability with respect to the payment of funds in the Account or any claims to the funds therein under the Trust Agreement that may be brought by Petitioner Crystallex International Corporation, Judgment Debtor the Bolivarian Republic of Venezuela, Proposed Intervenor the Ministry of Defense of the Bolivarian Republic of Venezuela, and any other claims relating to the Trust Agreement or the Account or the funds therein that may be asserted by any other party shall be forever barred; Upon completion of the transfer of funds from the Account to Crystallex, this Petition shall be dismissed with prejudice, and This Stipulation may be executed in counterparts; facsimile and PDF signatures shall be deemed originals for all purposes, and as further set forth in this order. (Signed by Judge Vernon S. Broderick on 4/2/2018) (ap) |
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| Thursday, March 22, 2018 | ||
| 31 | 31
order
Memo Endorsement
Thu 03/22 12:59 PM
MEMO ENDORSEMENT: on re:30 Letter filed by The Bank of New York Mellon. ENDORSEMENT: Application granted in part. Petitioner, Respondent, and Proposed-Intervenor Respondent are instructed to meet and confer and to submit a joint letter on or before March 30, 2018 providing their respective positions with respect to the stipulation entered into between Petitioner and Proposed-Intervenor Respondent, or otherwise to submit a revised stipulation on the agreement of all parties. (Signed by Judge Vernon S. Broderick on 3/22/2018) (ap) |
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| Wednesday, March 21, 2018 | ||
| 30 | 30
misc
Letter
Wed 03/21 3:15 PM
LETTER addressed to Judge Vernon S. Broderick from C. Neil Gray dated March 21, 2018 re: Stipulation. Document filed by The Bank of New York Mellon.(Gray, Christopher) |
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| Tuesday, February 27, 2018 | ||
| 29 | 29
misc
Letter
Tue 02/27 4:14 PM
LETTER addressed to Judge Vernon S. Broderick from Howard M. Shapiro dated February 27, 2018 re: A key development relevant to this turnover proceeding. Document filed by Huntington Ingalls Incorporated.(Shapiro, Howard) |
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Att: 1
19 pgs
Exhibit A- Award
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| Monday, November 20, 2017 | ||
| 28 | 28
order
Stipulation and Order
Mon 11/20 3:29 PM
STIPULATION: NOW THEREFORE IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys, subject to the approval of the Court, that: 1. Respondent takes no position with respect to the Motion; and 2. Petitioner shall not seek to enforce any order granting the Petition until such time as the Preliminary Injunction in the Mississippi Action has been vacated or otherwise no longer in effect. SO ORDERED. (Signed by Judge Vernon S. Broderick on 11/20/2017) (rj) |
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| Wednesday, November 15, 2017 | ||
| 27 | 27
12
pgs
respm
Reply Memorandum of Law in Support of Motion
Wed 11/15 11:37 PM
REPLY MEMORANDUM OF LAW in Support re:17 AMENDED MOTION to Dismiss (corrected as to Table of Contents only) . . Document filed by The Ministry of Defense of the Bolivarian Republic of Venezuela. (Gomm Santos, Mauricio) |
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| 26 | 26
2
pgs
order
Order
Wed 11/15 5:20 PM
ORDER: I am in receipt of the stipulation of Petitioner Crystallex International Corporation ("Petitioner") and Respondent Bank of New York Mellon ("Respondent"), submitted by email to my Chambers inbox on November 14, 2017 (the "Nov. 14 Stip."). The Nov. 14 Stip. purports to place requirements or conditions on a future order that I may or may not enter. For example, among other things, the parties stipulated and agreed, subject to my approval, that: Any order granting the Petition shall be subject to Respondent's rights under the Trust Agreement and applicable law to recover its fees and expenses from the funds in the Account and shall provide that Respondent shall have no liability to any person on account of the distribution of such funds. The enforceability of any order granting the Petition shall be conditioned on the lifting of the Preliminary Injunction in the Mississippi Action.... (Nov. 14 Stip. 4.) Such a stipulation is impermissible as it appears to require certain perimeters for a future order in this case. Accordingly, it is hereby: ORDERED that the Nov. 14 Stip. is DENIED. Petitioner and Respondent are free to submit a revised petition that remedies the issue described above. (Signed by Judge Vernon S. Broderick on 11/15/2017) (ap) |
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| Tuesday, November 14, 2017 | ||
| 25 | 25
misc
Letter
Tue 11/14 4:35 PM
LETTER addressed to Judge Vernon S. Broderick from Howard M. Shapiro dated November 14, 2017 re: Ingalls's Positions Concerning This Proceeding. Document filed by Huntington Ingalls Incorporated.(Shapiro, Howard) |
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Att: 1
Exhibit 1
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| Monday, November 06, 2017 | ||
| 24 | 24
order
Stipulation and Order ~Util - Set Deadlines
Mon 11/06 5:55 PM
STIPULATION: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned attorneys that: The time for Respondent The Bank of New York Mellon ("Respondent") to move, answer or otherwise respond to the Petition of Crystallex International Corporation ("Petitioner") (ECF No. 1) shall be extended from November 3, 2017 to and including November 10, 2017;and The time for Petitioner to thereafter respond to Respondent's motion, answer, or other response shall be extended from November 13, 2017 to and including November 20, 2017. The Bank of New York Mellon answer due 11/10/2017. (Signed by Judge Vernon S. Broderick on 11/6/2017) (ap) |
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| Saturday, November 04, 2017 | ||
| 23 | 23
respm
Declaration in Opposition to Motion
Sat 11/04 12:03 AM
DECLARATION of JASON W. MYATT in Opposition re:17 AMENDED MOTION to Dismiss (corrected as to Table of Contents only) .. Document filed by Crystallex International Corporation.(Myatt, Jason) |
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2,
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Att: 3
Exhibit 3,
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Att: 4
Exhibit 4,
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Att: 5
Exhibit 5
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| Friday, November 03, 2017 | ||
| 22 | 22
respm
Declaration in Opposition to Motion
Sat 11/04 12:00 AM
DECLARATION of JOSE IGNACIO HERNANDEZ in Opposition re:17 AMENDED MOTION to Dismiss (corrected as to Table of Contents only) .. Document filed by Crystallex International Corporation. (Weigel, Robert) |
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| 21 | 21
29
pgs
respm
Memorandum of Law in Opposition to Motion
Fri 11/03 11:58 PM
MEMORANDUM OF LAW in Opposition re:17 AMENDED MOTION to Dismiss (corrected as to Table of Contents only) . . Document filed by Crystallex International Corporation. (Weigel, Robert) |
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| Friday, October 27, 2017 | ||
| 20 | 20
order
Stipulation and Order ~Util - Set Deadlines
Fri 10/27 5:30 PM
STIPULATION TO EXTEND TIME TO RESPOND: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys that: The time for Petitioner Crystallex International Corporation ("Crystallex") to respond to Proposed Intervenor-Respondent The Ministry of Defense of the Bolivarian Republic of Venezuela's ("the Ministry of Defense") Motion to Intervene and Dismiss the Petition, orAlternatively Transfer Venue shall be extended from October 27, 2017 to and including November 3, 2017; The time for Proposed Intervenor-Respondent the Ministry of Defense to submit a reply in further support of its motion shall be extended from November 3, 2017 to and including November 15, 2017; and as further set forth herein. SO ORDERED. (Signed by Judge Vernon S. Broderick on 10/27/2017) (anc) |
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| Tuesday, October 24, 2017 | ||
| 19 | 19
order
Stipulation and Order ~Util - Set Deadlines
Wed 10/25 7:38 AM
STIPULATION: IT IS HEREBY STIPULATED AND AGREE3D by and between the undersignedattorneys that: The time for Respondent The Bank of New York Mellon ("Respondent") to move, answer or otherwise respond to the Petition of Crystallex International Corporation ("Petitioner") (ECF No.1) shall be extended from October 23, 2017 to and including November 3; and The time for Petitioner to thereafter respond to respondent's motion, answer, or other response shall be extended from November 6, 2017 to and including November 13, 2017. This Stipulation may be executed in counterparts ; facsimile and PDF signatures shall be deemed originals for all purposes. So Ordered The Bank of New York Mellon answer due 11/3/2017.( Responses due by 11/13/2017) (Signed by Judge Vernon S. Broderick on 10/24/2017) (js) |
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| Friday, October 20, 2017 | ||
| 18 | 18
order
Stipulation and Order ~Util - Set Deadlines
Fri 10/20 5:33 PM
STIPULATION: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned attorneys that: 1. The time for Respondent The Bank of New York Mellon ("Respondent") to move, answer or otherwise respond to the Petition of Crystallex International Corporation ("Petitioner") (ECF No. 1) shall be extended from October 16, 2017 to and including October 23; 2017; and 2. The time for Petitioner to thereafter respond to Respondent's motion, answer, or other response shall be extended from October 30, 2017 to and including November 6, 2017. (The Bank of New York Mellon answer due 10/23/2017. Replies due by 11/6/2017.) (Signed by Judge Vernon S. Broderick on 10/20/2017) (jwh) |
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| Monday, October 16, 2017 | ||
| 17 | 17
31
pgs
motion
Dismiss
Mon 10/16 12:35 PM
AMENDED MOTION to Dismiss (corrected as to Table of Contents only) . Document filed by The Ministry of Defense of the Bolivarian Republic of Venezuela. Responses due by 10/27/2017(Gomm Santos, Mauricio) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B
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| 16 | 16
notice
Notice of Appearance
Mon 10/16 12:03 PM
NOTICE OF APPEARANCE by Christopher Neil Gray on behalf of The Bank of New York Mellon. (Gray, Christopher) |
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misc
Notice Regarding Deficient Motion to Appear Pro Hac Vice
Mon 10/16 7:13 AM
>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 13 MOTION for Rodney Quinn Smith to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14243651. Motion and supporting papers to be reviewed by Clerk's Office staff., 15 MOTION for John Derek Womack to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14243673. Motion and supporting papers to be reviewed by Clerk's Office staff., 14 MOTION for Katherine Sanoja to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14243660. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Florida;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb) |
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| Friday, October 13, 2017 | ||
| 15 | 15
motion
Appear Pro Hac Vice
Fri 10/13 6:40 PM
MOTION for John Derek Womack to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14243673. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by The Ministry of Defense of the Bolivarian Republic of Venezuela.(Gomm Santos, Mauricio) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C
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| 14 | 14
motion
Appear Pro Hac Vice
Fri 10/13 6:37 PM
MOTION for Katherine Sanoja to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14243660. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by The Ministry of Defense of the Bolivarian Republic of Venezuela.(Gomm Santos, Mauricio) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C
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motion
Appear Pro Hac Vice
Fri 10/13 6:34 PM
MOTION for Rodney Quinn Smith to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14243651. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by The Ministry of Defense of the Bolivarian Republic of Venezuela.(Gomm Santos, Mauricio) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C
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motion
Dismiss
Fri 10/13 6:30 PM
MOTION to Dismiss the Petition . Document filed by The Ministry of Defense of the Bolivarian Republic of Venezuela. Responses due by 10/27/2017(Gomm Santos, Mauricio) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B
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| Wednesday, October 04, 2017 | ||
| 11 | 11
order
Stipulation and Order ~Util - Set Deadlines
Wed 10/04 3:34 PM
STIPULATION: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned attorneys that: 1. The time for Respondent The Bank of New York Mellon ("Respondent") to move, answer or otherwise respond to the Petition of Crystallex International Corporation ("Petitioner") (ECF No. 1) shall be extended to and including October 16, 2017; and 2. The time for Petitioner to thereafter respond to Respondent's motion, answer, or other response shall be extended to and including October 30, 2017. This Stipulation may be executed in counterparts; facsimile and PDF signatures shall be deemed originals for all purposes. The Bank of New York Mellon answer due 10/16/2017.( Responses due by 10/30/2017) (Signed by Judge Vernon S. Broderick on 10/4/2017) (rj) |
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| Thursday, September 21, 2017 | ||
| 10 | 10
notice
Notice of Appearance
Thu 09/21 2:42 PM
NOTICE OF APPEARANCE by Eric Andrew Schaffer on behalf of The Bank of New York Mellon. (Schaffer, Eric) |
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| Monday, September 18, 2017 | ||
| 9 | 9
service
Summons Issued
Mon 09/18 12:38 PM
ELECTRONIC SUMMONS ISSUED as to The Bank of New York Mellon. (rch) |
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| Saturday, September 16, 2017 | ||
| 8 | 8
service
Request for Issuance of Summons
Sat 09/16 3:21 AM
REQUEST FOR ISSUANCE OF SUMMONS as to The Bank of New York Mellon, re:1 Petition (Other),. Document filed by Crystallex International Corporation. (Myatt, Jason) |
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| 7 | 7
notice
Notice of Appearance
Sat 09/16 3:14 AM
NOTICE OF APPEARANCE by Jason William Myatt on behalf of Crystallex International Corporation. (Myatt, Jason) |
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| Friday, September 15, 2017 | ||
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misc
Notice to Attorney Regarding Case Opening Statistical Error Correction
Fri 09/15 12:48 PM
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Robert L Weigel. The following case opening statistical information was erroneously selected/entered: Cause of Action code Civil Miscellaneous Case - Other; County code New York;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1391; the County code has been modified to XX Out of U.S.;. (rch) |
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notice
Case Opening Initial Assignment Notice
Fri 09/15 12:52 PM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:http://nysd.uscourts.gov/judges/District] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at[LINK:http://nysd.uscourts.gov/ecf_filing.php] . (rch) |
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utility
Case Designation
Fri 09/15 12:52 PM
Magistrate Judge Barbara C. Moses 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:[LINK:http://nysd.uscourts.gov/forms.php] . (rch) |
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utility
Case Designated ECF
Fri 09/15 12:53 PM
Case Designated ECF. (rch) |
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| Thursday, September 14, 2017 | ||
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respoth
Declaration in Support (non-motion)
Thu 09/14 11:25 PM
DECLARATION of JASON W. MYATT in Support re:1 Petition (Other),. Document filed by Crystallex International Corporation.(Weigel, Robert) |
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2,
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Att: 3
Exhibit 3,
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Att: 4
Exhibit 4,
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Att: 5
Exhibit 5,
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Att: 6
4 pgs
Exhibit 6,
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Att: 7
Exhibit 7,
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Att: 8
Exhibit 8,
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Att: 9
Exhibit 9,
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Att: 10
Exhibit 10,
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Att: 11
Exhibit 11,
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Att: 12
Exhibit 12,
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Att: 13
Exhibit 13
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2
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misc
Statement of Relatedness
Thu 09/14 11:20 PM
STATEMENT OF RELATEDNESS re: that this action be filed as related to 17-mc-00205 (VEC). Document filed by Crystallex International Corporation.(Weigel, Robert) |
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| 4 | 4
misc
Civil Cover Sheet
Thu 09/14 11:16 PM
CIVIL COVER SHEET filed. (Weigel, Robert) |
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| 3 | 3
misc
Rule 7.1 Corporate Disclosure Statement
Thu 09/14 11:14 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Crystallex International Corporation.(Weigel, Robert) |
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| 2 | 2
2
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notice
Notice (Other)
Thu 09/14 11:12 PM
NOTICE of Petition re:1 Petition (Other),. Document filed by Crystallex International Corporation. (Weigel, Robert) |
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| 1 | 1
7
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cmp
Petition (Other)
Thu 09/14 11:10 PM
PETITION FOR AN ORDER DIRECTING RESPONDENT THE BANK OF NEW YORK MELLON TO TURNOVER DEBTS AND PROPERTY OF JUDGMENT DEBTOR THE BOLIVARIAN REPUBLIC OF VENEZUELA. (Filing Fee $ 400.00, Receipt Number 0208-14130150).Document filed by Crystallex International Corporation.(Weigel, Robert) |
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