Arpesella et al v. Bolivarian Republic of Venezuela
New York Southern District Court | |
Judge: | Jeannette A Vargas |
Case #: | 1:23-cv-08929 |
Nature of Suit | 190 Contract - Other Contract |
Cause | 28:1330 Breach of Contract |
Case Filed: | Oct 11, 2023 |
Last checked: Monday Apr 08, 2024 4:34 AM EDT |
Defendant
Bolivarian Republic of Venezuela
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Plaintiff
Anna Daniela Musiani
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Represented By
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Plaintiff
Sabine Zahn
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Represented By
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Plaintiff
Michael Zahn
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Represented By
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Plaintiff
Giovanni Todesco
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Represented By
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Plaintiff
Marleen Maria Schneider
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Represented By
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Plaintiff
Josef Johann Schneider
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Represented By
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Plaintiff
Antonella Raso
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Represented By
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Plaintiff
Niccolo Portu
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Represented By
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Plaintiff
Hartmut W. Peters
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Represented By
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Plaintiff
Juan Carlos Ozores
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Represented By
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Plaintiff
Lavinia Arpesella
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Represented By
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Plaintiff
Massimo Mazzaccone
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Represented By
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Plaintiff
Manuela Heimbeck
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Represented By
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Plaintiff
Jakob Heichele
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Represented By
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Plaintiff
Giancarlo Coiana
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Represented By
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Plaintiff
Marco Cavara
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Represented By
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Plaintiff
Ermanno Cavara
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Represented By
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Plaintiff
Andreas Michael Boukai
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Represented By
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Plaintiff
Florian Markus Borck
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Represented By
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Plaintiff
Pietro Arpesella
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Represented By
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Docket last updated: 3 hours ago |
Monday, March 24, 2025 | ||
40 | 40
![]() NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 5/22/2025 at 11:30 AM in Courtroom 14C, 500 Pearl Street, New York, NY 10007 before Judge Jeannette A. Vargas. SO ORDERED. (Signed by Judge Jeannette A. Vargas on 3/24/2025) (vfr) |
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Thursday, March 20, 2025 | ||
39 | 39
![]() ANSWER to1 Complaint,,. Document filed by Bolivarian Republic of Venezuela..(Cardozo, Camilo) |
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Att: 1
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38 | 38
![]() RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bolivarian Republic of Venezuela..(Cardozo, Camilo) |
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Friday, March 07, 2025 | ||
37 | 37
![]() JOINT STIPULATION AND ORDER OF PARTIAL DISMISSAL WITHOUT PREJUDICE: IT IS HEREBY STIPULATED by the Parties, through their undersigned counsel, as follows: 1. Except with respect to Plaintiff Giancarlo Coiana ("Plaintiff Coiana"), this Action shall be dismissed without prejudice pursuant to Fed. R. Civ. P. 41(a) as to all other Plaintiffs (the "Stipulating Plaintiffs"). The Action may proceed with respect to Plaintiff Coiana's claims only, and the Complaint shall be deemed amended to reflect the foregoing as of the So Ordered date of this Stipulation. 2. The foregoing dismissal is without prejudice to the rights of any or all Stipulating Plaintiffs or Bondholders to re-file in the future any claims as to which the applicable statute of limitations has not run as of the date of the Tolling Resolution (August 11, 2023) with respect to the Bonds listed in the Complaint, on or before December 31, 2028, ("Re-filed Claims," and any action asserting Re-filed Claims, a "Re-filed Action"). Any and all such Re-filed Claims and Re-filed Actions filed on or before December 31, 2028 shall be deemed timely filed. As further set forth in this order. Each Party in this Action shall bear its own costs with respect to this Stipulation. None of the Parties is an infant, incompetent person for whom a committee has been appointed, or conservatee. Pursuant to General License No. 42, the Republic is authorized to enter into this Stipulation. 9. This dismissal shall not be counted for purposes of Fed. R. Civ. P. 41(a)(1)(B) or N.Y. CPLR § 3217(c). 10. This Stipulation may be signed in counterparts, and facsimile and electronic signatures shall be deemed as original. So Ordered. (Signed by Judge Jeannette A. Vargas on 3/7/2025) (ks) |
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Thursday, March 06, 2025 | ||
36 | 36
![]() PROPOSED STIPULATION AND ORDER. Document filed by Bolivarian Republic of Venezuela..(Cardozo, Camilo) |
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Thursday, February 06, 2025 | ||
35 | 35
order
Order on Motion for Extension of Time
Thu 02/06 12:28 PM
ORDER granting34 Letter Motion for Extension of Time to respond to the Complaint. (HEREBY ORDERED by Judge Jeannette A. Vargas)(Text Only Order) (Vargas, Jeannette) |
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Wednesday, February 05, 2025 | ||
34 | 34
![]() LETTER MOTION for Extension of Time to respond to Plaintiffs' Complaint addressed to Judge Jeannette A. Vargas from Dora Georgescu dated February 5, 2025. Document filed by Bolivarian Republic of Venezuela..(Georgescu, Dora) |
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Monday, January 13, 2025 | ||
33 | 33
![]() NOTICE OF REASSIGNMENT: This case has been reassigned to the undersigned. All counsel must familiarize themselves with the Court's Individual Practices, which are available at https://nysd.uscourts.gov/hon-jeannette-vargas. Unless and until the Court orders otherwise, all prior orders, dates, and deadlines shall remain in effect notwithstanding the case's reassignment. (Signed by Judge Jeannette A. Vargas on 1/13/2025) (sgz) |
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Thursday, January 02, 2025 | ||
32 | 32
order
Order ~Util - Terminate Motions
Thu 01/02 7:17 PM
ORDER, Motions terminated:31 LETTER MOTION for Extension of Time to respond to Plaintiffs' Complaint addressed to Judge Jeannette A. Vargas from Dora Georgescu dated December 31, 2024. filed by Bolivarian Republic of Venezuela. Extension of time GRANTED. (HEREBY ORDERED by Judge Jeannette A. Vargas) (Text Only Order) (nmo) |
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Tuesday, December 31, 2024 | ||
31 | 31
![]() LETTER MOTION for Extension of Time to respond to Plaintiffs' Complaint addressed to Judge Jeannette A. Vargas from Dora Georgescu dated December 31, 2024. Document filed by Bolivarian Republic of Venezuela..(Georgescu, Dora) |
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Monday, December 16, 2024 | ||
notice
Notice of Case Assignment/Reassignment
Mon 12/16 10:21 AM
NOTICE OF CASE REASSIGNMENT to Judge Jeannette A. Vargas. Judge J. Paul Oetken is no longer assigned to the case. (tro) |
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Monday, December 02, 2024 | ||
30 | 30
order
Order on Motion for Extension of Time
Mon 12/02 6:24 PM
ORDER granting29 Letter Motion for Extension of Time: Granted. Defendant's time to answer or otherwise respond to the complaint is extended to January 6, 2025. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (cw) |
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Tuesday, November 26, 2024 | ||
29 | 29
![]() LETTER MOTION for Extension of Time to respond to Plaintiffs' Complaint addressed to Judge J. Paul Oetken from Dora Georgescu dated November 26, 2024. Document filed by Bolivarian Republic of Venezuela..(Georgescu, Dora) |
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Monday, October 28, 2024 | ||
28 | 28
order
Order
Mon 10/28 10:47 AM
ORDER: Defendant's time to answer or otherwise respond to the complaint is extended to December 2, 2024. (HEREBY ORDERED by Judge J. Paul Oetken) (Text Only Order) (cw) |
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Friday, October 25, 2024 | ||
27 | 27
![]() LETTER addressed to Judge J. Paul Oetken from Dora Georgescu and David McTaggart dated October 25, 2024 re: Second Joint Request for Extension of Time. Document filed by Bolivarian Republic of Venezuela..(Georgescu, Dora) |
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Friday, September 27, 2024 | ||
26 | 26
order
Order
Fri 09/27 2:22 PM
ORDER: Defendant's time to answer or otherwise respond to the complaint is extended to October 30, 2024. So ordered. (HEREBY ORDERED by Judge J. Paul Oetken) (Text Only Order) (cw) |
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Thursday, September 26, 2024 | ||
25 | 25
![]() LETTER addressed to Judge J. Paul Oetken from Dora Georgescu and David McTaggart dated 9/26/2024 re: Joint Request for Extension of Time. Document filed by Bolivarian Republic of Venezuela..(Georgescu, Dora) |
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Tuesday, September 10, 2024 | ||
24 | 24
![]() NOTICE OF APPEARANCE by Andreina Escobar on behalf of Bolivarian Republic of Venezuela..(Escobar, Andreina) |
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23 | 23
![]() NOTICE OF APPEARANCE by Dora Paula Georgescu on behalf of Bolivarian Republic of Venezuela..(Georgescu, Dora) |
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22 | 22
![]() NOTICE OF APPEARANCE by Camilo Cardozo on behalf of Bolivarian Republic of Venezuela..(Cardozo, Camilo) |
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Friday, September 06, 2024 | ||
21 | 21
![]() LETTER addressed to Judge J. Paul Oetken from Rudolph J. Di Massa, Jr. dated Sep. 6, 2024 re: Status report per Court August 6, 2024 Order (D.E. 20). Document filed by Lavinia Arpesella, Pietro Arpesella, Florian Markus Borck, Andreas Michael Boukai, Andreas Michael Boukai(as Executor of the Estate of Mamoun Boukai), Ermanno Cavara, Marco Cavara, Giancarlo Coiana, Jakob Heichele, Manuela Heimbeck, Massimo Mazzaccone, Anna Daniela Musiani, Juan Carlos Ozores, Hartmut W. Peters, Niccolo Portu, Antonella Raso, Josef Johann Schneider, Marleen Maria Schneider, Giovanni Todesco, Michael Zahn, Sabine Zahn..(Di Massa, Rudolph) |
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Tuesday, August 06, 2024 | ||
20 | 20
![]() ORDER: Defendant was served on May 13, 2024. However, no appearance has been entered on Defendant's behalf, and no response to the complaint has been filed in the allotted time. Plaintiffs have not moved for a default judgment. Plaintiffs are directed to file a status letter no later than September 6, 2024, notifying the Court whether they have received any communication from Defendant or its counsel regarding a response to the complaint and whether they intend to move for a default judgment. Plaintiffs are directed to serve Defendant with a copy of this order. SO ORDERED. (Signed by Judge J. Paul Oetken on 8/6/2024) (vfr) |
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Thursday, July 25, 2024 | ||
19 | 19
![]() CERTIFICATE OF SERVICE of Summons and Complaint,,. Bolivarian Republic of Venezuela served on 5/13/2024, answer due 7/12/2024. Document filed by Massimo Mazzaccone; Sabine Zahn; Marco Cavara; Josef Johann Schneider; Pietro Arpesella; Lavinia Arpesella; Marleen Maria Schneider; Antonella Raso; Juan Carlos Ozores; Ermanno Cavara; Florian Markus Borck; Jakob Heichele; Anna Daniela Musiani; Michael Zahn; Hartmut W. Peters; Niccolo Portu; Giancarlo Coiana; Andreas Michael Boukai; Giovanni Todesco; Manuela Heimbeck; Andreas Michael Boukai(as Executor of the Estate of Mamoun Boukai)..(McTaggart, David) |
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Tuesday, June 25, 2024 | ||
service
Clerk Certificate of Mailing Received
Tue 07/09 11:41 AM
CLERK CERTIFICATE OF MAILING RECEIVED for Summons, Complaint, Notice of Suit, pursuant to 22 C.F.R. § 93.2, along with copy of FSIA, Civil Cover Sheet, Case Opening Initial Assignment Notice, Case Designated ECF, Designation of Magistrate Judge Robert W. Lehrburger, Individual Rules and Practices in Civil Cases of J. Paul Oetken, U.S.D.J., Individual Practices in Civil Cases of Robert W. Lehrburger, United States Magistrate Judge and Affidavits of (i) Rosana Bailone, sworn to on December 15, 2020, (ii) Leticia Molinero, sworn to on October 19, 2023, and (iii) Maria Angelina Abbud, sworn to on November 3, 2023, consistent with Rule 2101(b) of New York's CPLR mailed to Embassy of Venezuela, 1099 30th Street, Washington, DC 20007 on 11/20/2023 by Federal Express tracking # 7859 9426 7962, as per9 Clerk Certificate of Mailing. RECEIVED ON: 6/25/2024. (ras) |
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Thursday, June 06, 2024 | ||
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![]() ORDER granting17 Letter Motion for Extension of Time. Granted. The Court finds good cause to extend the date for service of the summons and complaint for 60 days. Accordingly, such service shall be completed by August 6, 2024. So ordered. Service due by 8/6/2024. (Signed by Judge J. Paul Oetken on 6/6/2024) (vfr) |
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Tuesday, June 04, 2024 | ||
17 | 17
![]() THIRD LETTER MOTION for Extension of Time to serve summons and complaint on Defendant addressed to Judge J. Paul Oetken from Rudolph J. Di Massa, Jr. dated June 4, 2024. Document filed by Lavinia Arpesella, Pietro Arpesella, Florian Markus Borck, Andreas Michael Boukai, Andreas Michael Boukai(as Executor of the Estate of Mamoun Boukai), Ermanno Cavara, Marco Cavara, Giancarlo Coiana, Jakob Heichele, Manuela Heimbeck, Massimo Mazzaccone, Anna Daniela Musiani, Juan Carlos Ozores, Hartmut W. Peters, Niccolo Portu, Antonella Raso, Josef Johann Schneider, Marleen Maria Schneider, Giovanni Todesco, Michael Zahn, Sabine Zahn..(Di Massa, Rudolph) |
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Friday, May 03, 2024 | ||
16 | 16
![]() NOTICE of OFAC restrictions, pursuant to 31 CFR 501.605. Document filed by Pietro Arpesella..(Di Massa, Rudolph) |
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Thursday, April 04, 2024 | ||
15 | 15
![]() ORDER granting14 Letter Motion for Extension of Time. Granted. The Court finds good cause to extend the date for service of the summons and complaint for 60 days. Accordingly, such service shall be completed by June 7, 2024. So ordered. Service due by 6/7/2024.. (Signed by Judge J. Paul Oetken on 4/4/2024) (jca) |
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Wednesday, April 03, 2024 | ||
14 | 14
![]() LETTER MOTION for Extension of Time to serve summons and complaint on Defendant addressed to Judge J. Paul Oetken from Rudolph J. DiMassa dated April 3, 2024. Document filed by Lavinia Arpesella, Pietro Arpesella, Florian Markus Borck, Andreas Michael Boukai, Andreas Michael Boukai(as Executor of the Estate of Mamoun Boukai), Ermanno Cavara, Marco Cavara, Giancarlo Coiana, Jakob Heichele, Manuela Heimbeck, Massimo Mazzaccone, Anna Daniela Musiani, Juan Carlos Ozores, Hartmut W. Peters, Niccolo Portu, Antonella Raso, Josef Johann Schneider, Marleen Maria Schneider, Giovanni Todesco, Michael Zahn, Sabine Zahn..(Di Massa, Rudolph) |
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Tuesday, March 12, 2024 | ||
13 | 13
![]() ELECTRONIC SUMMONS ISSUED as to Bolivarian Republic of Venezuela..(jgo) |
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Monday, March 11, 2024 | ||
12 | 12
![]() REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to The Bolivarian Republic of Venezuela, re:1 Complaint,,. Document filed by Lavinia Arpesella, Pietro Arpesella, Florian Markus Borck, Andreas Michael Boukai, Andreas Michael Boukai(as Executor of the Estate of Mamoun Boukai), Ermanno Cavara, Marco Cavara, Giancarlo Coiana, Jakob Heichele, Manuela Heimbeck, Massimo Mazzaccone, Anna Daniela Musiani, Juan Carlos Ozores, Hartmut W. Peters, Niccolo Portu, Antonella Raso, Josef Johann Schneider, Marleen Maria Schneider, Giovanni Todesco, Michael Zahn, Sabine Zahn..(Di Massa, Rudolph) |
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Tuesday, January 02, 2024 | ||
11 | 11
order
Order on Motion for Extension of Time
Tue 01/02 9:17 AM
ORDER granting10 Letter Motion for Extension of Time: Granted. The Court finds that there is good cause to extend the date for service of the summons and complaint for 90 days. Accordingly, such service shall be completed by April 8, 2024. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) |
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Thursday, December 28, 2023 | ||
10 | 10
![]() FIRST LETTER MOTION for Extension of Time to complete Service of Process addressed to Judge J. Paul Oetken from Rudolph J. DiMassa dated Dec. 28, 2023. Document filed by Lavinia Arpesella, Pietro Arpesella, Florian Markus Borck, Andreas Michael Boukai, Andreas Michael Boukai(as Executor of the Estate of Mamoun Boukai), Ermanno Cavara, Marco Cavara, Giancarlo Coiana, Jakob Heichele, Manuela Heimbeck, Massimo Mazzaccone, Anna Daniela Musiani, Juan Carlos Ozores, Hartmut W. Peters, Niccolo Portu, Antonella Raso, Josef Johann Schneider, Marleen Maria Schneider, Giovanni Todesco, Michael Zahn, Sabine Zahn..(Di Massa, Rudolph) |
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Monday, November 13, 2023 | ||
8 | 8
order
Order
Mon 11/13 11:55 AM
ORDER: Based on Plaintiffs' submission at ECF No.7 , the order to show cause at ECF No. 6 is hereby discharged, without prejudice to any venue issue that may be raised by Defendant. (HEREBY ORDERED by Judge J. Paul Oetken) (Text Only Order) (Oetken, J.) |
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Friday, October 27, 2023 | ||
7 | 7
![]() LETTER addressed to Judge J. Paul Oetken from Rudolph J. Di Massa, Jr. dated 10 27-2023 re: Court Minute Entry Order dated 10-13-23 concerning Venue. Document filed by Lavinia Arpesella, Pietro Arpesella, Florian Markus Borck, Andreas Michael Boukai, Andreas Michael Boukai(as Executor of the Estate of Mamoun Boukai), Ermanno Cavara, Marco Cavara, Giancarlo Coiana, Jakob Heichele, Manuela Heimbeck, Massimo Mazzaccone, Anna Daniela Musiani, Juan Carlos Ozores, Hartmut W. Peters, Niccolo Portu, Antonella Raso, Josef Johann Schneider, Marleen Maria Schneider, Giovanni Todesco, Michael Zahn, Sabine Zahn..(Di Massa, Rudolph) |
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Friday, October 13, 2023 | ||
6 | 6
order
Order
Fri 10/13 3:51 PM
ORDER: Plaintiffs bring this action against the Republic of Venezuela, a foreign state. However, the complaint does not adequately allege that venue is proper in this District. The complaint alleges that venue is proper "by agreement of the parties." While agreement of the parties may be sufficient to establish personal jurisdiction, it does not establish venue. The complaint also asserts that venue is proper under 28 U.S.C. 1391(f). Plaintiffs do not allege, however, that "a substantial part of the events or omissions giving rise to the claim occurred [in this District], or a substantial part of property that is the subject of the action is situated" in this District. (28 U.S.C. 1391(f)(1).) Absent such an allegation, it appears that proper venue lies in the U.S. District Court for the District of Columbia. See 28 U.S.C. 1391(f)(4); see also Luxexpress 2016 Corp v. Government of Ukraine, No. 15-CV-4880, 2108 WL 1626143 (S.D.N.Y. March 30, 2018) (Broderick, J.). Accordingly, Plaintiffs shall, by October 27, 2023, show cause by letter with citations to appropriate authorities why this action should not be dismissed without prejudice or transferred to the U.S. District Court for the District of Columbia pursuant to 28 U.S.C. 1406(a). If Plaintiffs fail to do so, this action will be dismissed without prejudice. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken) (Text Only Order) (Oetken, J.) |
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5 | 5
![]() NOTICE OF APPEARANCE by David Thomas McTaggart on behalf of Lavinia Arpesella, Pietro Arpesella, Florian Markus Borck, Andreas Michael Boukai, Andreas Michael Boukai(as Executor of the Estate of Mamoun Boukai), Ermanno Cavara, Marco Cavara, Giancarlo Coiana, Jakob Heichele, Manuela Heimbeck, Massimo Mazzaccone, Anna Daniela Musiani, Juan Carlos Ozores, Hartmut W. Peters, Niccolo Portu, Antonella Raso, Josef Johann Schneider, Marleen Maria Schneider, Giovanni Todesco, Michael Zahn, Sabine Zahn..(McTaggart, David) |
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Thursday, October 12, 2023 | ||
4 | 4
![]() ELECTRONIC SUMMONS ISSUED as to Bolivarian Republic of Venezuela. (vf) |
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notice
Case Opening Initial Assignment Notice
Thu 10/12 9:18 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:https://nysd.uscourts.gov/judges/district-judges] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(vf) |
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utility
Case Designation
Thu 10/12 9:18 AM
Magistrate Judge Robert W. Lehrburger 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:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (vf) |
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utility
Case Designated ECF
Thu 10/12 9:18 AM
Case Designated ECF. (vf) |
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Wednesday, October 11, 2023 | ||
3 | 3
![]() REQUEST FOR ISSUANCE OF SUMMONS as to The Bolivarian Republic of Venezuela, re:1 Complaint,,. Document filed by Lavinia Arpesella, Pietro Arpesella, Florian Markus Borck, Andreas Michael Boukai, Andreas Michael Boukai(as Executor of the Estate of Mamoun Boukai), Ermanno Cavara, Marco Cavara, Giancarlo Coiana, Jakob Heichele, Manuela Heimbeck, Massimo Mazzaccone, Anna Daniela Musiani, Juan Carlos Ozores, Hartmut W. Peters, Niccolo Portu, Antonella Raso, Josef Johann Schneider, Marleen Maria Schneider, Giovanni Todesco, Michael Zahn, Sabine Zahn..(Di Massa, Rudolph) |
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2 | 2
![]() CIVIL COVER SHEET filed..(Di Massa, Rudolph) |
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1 | 1
![]() COMPLAINT against Bolivarian Republic of Venezuela. (Filing Fee $ 402.00, Receipt Number ANYSDC-28409631)Document filed by Massimo Mazzaccone, Sabine Zahn, Marco Cavara, Josef Johann Schneider, Pietro Arpesella, Lavinia Arpesella, Marleen Maria Schneider, Antonella Raso, Juan Carlos Ozores, Ermanno Cavara, Florian Markus Borck, Jakob Heichele, Anna Daniela Musiani, Michael Zahn, Hartmut W. Peters, Niccolo Portu, Giancarlo Coiana, Andreas Michael Boukai, Giovanni Todesco, Manuela Heimbeck, Andreas Michael Boukai(as Executor of the Estate of Mamoun Boukai)..(Di Massa, Rudolph) |