Banco Credit Suisse (Mexico), S.A. et al v. Macias Gutierrez Moyano

Filing 20

TEMPORARY RESTRAINING ORDER: Accordingly, it is hereby ordered that: Pending the resolution of the Petition to Confirm an Arbitral Award and Petitioner's Motion for a Preliminary Injunction in aid of arbitration against Respondent, Respondent (including his attorneys and/or any other agents) is hereby TEMPORARILY RESTRAINED AND ENJOINED from continuing, pursuing or prosecuting his current lawsuit against the Petitioners in the Mexican Federal Labor Court, and from commencing or prosecutin g any other such action against Petitioners outside of ICC arbitration that arises out of or relates to Respondent's claims in respect of compensation in connection with certain contingent deferred compensation awards issued to Respondent under the Credit Suisse Group AG Master Share Plan during his periods of employment with Petitioners and confirmed in the separation agreement he entered into departing his employment (the "Claims"); and IT IS FURTHER ORDERED that service of thi s Temporary Restraining Order shall be made on Respondent on or before March 6, 2025, in the following manner, which shall constitute good, sufficient and effective service of this Order, pursuant to Rule 4(f) of the Federal Rules of Civil Procedure : (a) by Email to the email addresses listed below for (i) Respondent, individually, (ii) the law firm of Abascal Flores & Segovia and the attorneys of the firm representing Respondent in the Arbitration, and (iii) the law firm of Diez de Bonilla, Kuri y Asociados, S.C. and the attorneys of the firm representing Respondent in his lawsuit against Petitioners in the Mexican Federal Labor Court: As further set forth in this Order. SO ORDERED (Signed by Judge Dale E. Ho on 3/5/2025) (ks)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-----------------------------------------BANCO CREDIT SUISSE (MEXICO), S.A. and
:
CASA DE BOLSA CREDIT SUISSE (MEXICO)
:
:
S.A. DE C.V.
:
Petitioners,
:
:
- against :
:
LUIS MACIAS GUTIERREZ MOYANO,
:
:
:
:
:
Respondent.
:
------------------------------------------

Case No. 25 Civ. 01160 (DEH)

Judge Dale E. Ho

TEMPORARY
RESTRAINING ORDER

Upon (a) the Petition of Petitioners Banco Credit Suisse (Mexico) S.A. and Casa de Bolsa
Credit Suisse (Mexico) S.A. de C.V. (together, “Petitioners”) to Confirm an Arbitral Award and
Petitioner’s Motion for a Preliminary Injunction in aid of arbitration pursuant and a Temporary
Restraining Order against the Respondent Luis Macias Gutierrez Moyano (“Respondent”), and the
Exhibits annexed thereto, (b) the Declaration of Attorney Scott J. Splittgerber in Support of the
Petition and Order to Show Cause, and the Exhibits annexed thereto, (c) the Declaration of Rafael
Sanchez-Navarro Coraza an attorney licensed to practice in the courts of Mexico, and (d) the
accompanying memorandum of law in support of Petitioners’ Order to Show Cause and Petition
to Confirm the Arbitral Award and for a Preliminary Injunction and Temporary Restraining Order,
and all other pleadings and proceedings heretofore had herein, including the hearing held before
the Court on March 5, 2025, it is hereby:
HELD that Petitioners have shown that the elements applicable to their motion for
injunctive relief in the form of a Temporary Restraining Order are met here. First, the underlying
arbitration award (the “Award”), in which all parties fully and voluntarily participated, requires

that Respondent arbitrate his claims exclusively before the International Chamber of Commerce,
and Respondent’s efforts to litigate in Mexico threaten to render that award a nullity. Second, as
confirmed in the Award, Claimants have a right to arbitration on the merits of their case that would
also be rendered a nullity were Respondent not restrained. Both of these factors justify the
imposition of the limited injunctive relief sought. Accordingly, it is hereby ordered that:
Pending the resolution of the Petition to Confirm an Arbitral Award and Petitioner’s
Motion for a Preliminary Injunction in aid of arbitration against Respondent, Respondent
(including his attorneys and/or any other agents) is hereby TEMPORARILY RESTRAINED AND
ENJOINED from continuing, pursuing or prosecuting his current lawsuit against the Petitioners
in the Mexican Federal Labor Court, and from commencing or prosecuting any other such
action against Petitioners outside of ICC arbitration that arises out of or relates to Respondent’s
claims in respect of compensation in connection with certain contingent deferred compensation
awards issued to Respondent under the Credit Suisse Group AG Master Share Plan during his
periods of employment with Petitioners and confirmed in the separation agreement he entered
into departing his employment (the “Claims”); and
IT IS FURTHER ORDERED that service of this Temporary Restraining Order shall be
made on Respondent on or before March 6, 2025, in the following manner, which shall constitute
good, sufficient and effective service of this Order, pursuant to Rule 4(f) of the Federal Rules of
Civil Procedure:
(a)

by Email to the email addresses listed below for (i) Respondent, individually, (ii)

the law firm of Abascal Flores & Segovia and the attorneys of the firm representing Respondent
in the Arbitration, and (iii) the law firm of Diez de Bonilla, Kuri y Asociados, S.C. and the

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attorneys of the firm representing Respondent in his lawsuit against Petitioners in the Mexican
Federal Labor Court:
i.

Luis Macias Gutierrez Moyano
Bosque de Magnolias 23
11700, Mexico City, Mexico
Telephone: [phone]
Email: [e-mail]

ii.

José Maria Abascal Zamora
Romualdo Segovia Serrano
Héctor Flores Senties
Paulina Ivette Sandoval Jimenez
Fernando Rivera Castro
ABASCAL FLORES & SEGOVIA
Margaritas 426 Piso 3 ala Izquierda
Ex Hacienda Guadalupe Chimalistac
Alcadia Alvaro Obregon
01050 Mexico City, Mexico
Telephone: [phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]

iii.

Attorney Alfredo Kuri,
Kuri Diez de Bonilla y Asociados, S.C.
Avenida Prado Norte 125-Piso 3, Interior 301,
11000 Mexico City, Mexico
Telephone: [phone]
Email: [e-mail]
SO ORDERED:
_________________________________
Dale E. Ho
United States District Judge
Dated: March 5, 2025
New York, New York

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