Vale S.A. v. BSG Resources Limited
Filing
40
ORDER: Accordingly, it is hereby:ORDERED that the parties shall appear for a conference on February 26, 2020, at 10:30 a.m. IT IS FURTHER ORDERED that by February 17, 2020, the parties shall submit a joint letter setting forth their joint or separa te positions, including relevant supporting authority, on the following topics: 1) What is the procedural posture of Defendants Chapter 15 bankruptcy? What is the procedural posture of the Guernsey Administration? 2) What effect would a judgment i n this case have on the Chapter 15 bankruptcy, the Guernsey Administration, or any other proceeding? 3) What effect would the Chapter 15 bankruptcy, the Guernsey Administration, or any other proceeding have on enforcement of a judgment in this case ? 4) Leaving aside any arguments about the merits of any contemplated request for injunctive relief, if judgment is entered against Defendant in this case and Defendant wishes to make an application for a stay of enforcement: a. Under what statute or other source of law would Defendant bring that application? b. Which court or courts would have jurisdiction to hear the application? c. If both the district court and the bankruptcy court would have jurisdiction, which court would be the proper or preferred forum to hear the application? IT IS FURTHER ORDERED that if the parties believe formal briefing is necessary, they shall submit a proposed briefing schedule within seven (7) days of this Order. SO ORDERED. (Status Conference set for 2/26/2020 at 10:30 AM before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 1/23/2020) (js)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
---------------------------------------------------------X
:
VALE S.A.,
:
:
Plaintiff,
:
:
-against:
:
BSG RESOURCES LIMITED,
:
:
Defendant. :
:
---------------------------------------------------------X
1/23/2020
19-CV-3619 (VSB)
ORDER
VERNON S. BRODERICK, United States District Judge:
Plaintiff brings this action against Defendant seeking confirmation of a foreign arbitration
award. (See Doc. 1.) Defendant cross-moved to dismiss, (see Docs. 19–21), but since then have
represented that their arguments in opposition have been rendered moot by subsequent decisions
by the English High Court. (Doc. 39.) Defendants also represent that they are in the midst of a
Chapter 15 bankruptcy in this district. In their various letters on these topics, the parties have
sought clarification on the proper forum in which to bring an application for stay of enforcement
of any judgment eventually issued by this Court. Accordingly, it is hereby:
ORDERED that the parties shall appear for a conference on February 26, 2020, at 10:30
a.m.
IT IS FURTHER ORDERED that by February 17, 2020, the parties shall submit a joint
letter setting forth their joint or separate positions, including relevant supporting authority, on the
following topics:
1) What is the procedural posture of Defendant’s Chapter 15 bankruptcy? What is the
procedural posture of the Guernsey Administration?
2) What effect would a judgment in this case have on the Chapter 15 bankruptcy, the
Guernsey Administration, or any other proceeding?
3) What effect would the Chapter 15 bankruptcy, the Guernsey Administration, or any
other proceeding have on enforcement of a judgment in this case?
4) Leaving aside any arguments about the merits of any contemplated request for
injunctive relief, if judgment is entered against Defendant in this case and Defendant
wishes to make an application for a stay of enforcement:
a. Under what statute or other source of law would Defendant bring that
application?
b. Which court or courts would have jurisdiction to hear the application?
c. If both the district court and the bankruptcy court would have jurisdiction,
which court would be the proper or preferred forum to hear the application?
IT IS FURTHER ORDERED that if the parties believe formal briefing is necessary, they
shall submit a proposed briefing schedule within seven (7) days of this Order.
SO ORDERED.
Dated: January 23, 2020
New York, New York
______________________
Vernon S. Broderick
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?