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Grenada Gov't tries to avoid paying $25 m judgment
Internal Administrator
Posted: Saturday, August 13, 2011 12:18 AM
Joined: 10/12/2010
Posts: 5784


Posted: 6/7/2008 11:38:42 AM

By: David Marchant

A $25 million summary judgment was entered against the Grenada Government in favor of The Export-Import Bank of the Republic of China (Taiwan) at the U. S. District Court for the Southern District of New York on March 16, 2007 for unpaid loans.

The bank has been trying to collect on the judgment but the Government and its representatives do not respond to correspondence or return telephone calls, according to the bank in a recent court filing.

The bank recently filed a motion with the court to compel the Grenada Government to provide information about its assets so that the bank can seize them to satisfy the judgment.

With the Grenada authorities recently announcing that they plan to re-open the offshore financial services industry, after it collapsed six years ago under the weight of massive, government-sponsored fraud, Grenada's lack of interest in satisfying the Ex-Im Bank judgment should be a warning to anyone who is contemplating depositing or investing any funds with a Grenada entity.

The docket sheet for the case is below:

CLOSED, ECF

U.S. District Court
United States District Court for the Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE #: 1:06-cv-02469-HB

The Export-Import Bank of The Republic of China v. Grenada
Assigned to: Judge Harold Baer
Cause: 28:1330 Breach of Contract
Date Filed: 03/29/2006
Date Terminated: 02/06/2007
Jury Demand: None
Nature of Suit: 190 Contract: Other
Jurisdiction: Federal Question
Plaintiff
The Export-Import Bank of The Republic of China represented by Andrew T. Solomon
Sullivan & Worcester LLP
1290 Avenue of the Americas
29th Floor
New York, NY 10104
(212) 660-3000
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Emily Anne Samuels
Sullivan & Worcester LLP
1290 Avenue of the Americas
29th Floor
New York, NY 10104
(212) 660-3048
Fax: (212) 660-3001
Email: esamuels@sandw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Paul Eliot Summit
Sullivan & Worcester LLP (MA)
One Post Office Square
Boston, MA 02109
(617)210-8437
Fax: (617)338-2880
Email: psummit@sandw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED


V.

Defendant
Grenada represented by Donzell M Tucker
Donzell M. Tucker
125 Ashland Place, Suite 9-D
Brooklyn, NY 11201
(917)-856-5870
Fax: (212)-599-1540
Email: donzell6@aol.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED


Date Filed # Docket Text
03/29/2006 1 COMPLAINT against Grenada. (Filing Fee $ 250.00, Receipt Number 574164)Document filed by The Export-Import Bank of The Republic of China.(mbe, ) Additional attachment(s) added on 4/3/2006 (jmi, ). (Entered: 03/30/2006)
03/29/2006 SUMMONS ISSUED as to Grenada. (mbe, ) (Entered: 03/30/2006)
03/29/2006 Magistrate Judge Andrew J. Peck is so designated. (mbe, ) (Entered: 03/30/2006)
03/29/2006 Case Designated ECF. (mbe, ) (Entered: 03/30/2006)
03/29/2006 2 RULE 7.1 DISCLOSURE STATEMENT. Document filed by The Export-Import Bank of The Republic of China.(mbe, ) Additional attachment(s) added on 4/3/2006 (jmi, ). (Entered: 03/30/2006)
04/20/2006 3 AFFIDAVIT OF SERVICE of Summons and Complaint. Grenada served on 3/30/2006, answer due 4/19/2006. Service was accepted by Nora Dindal, Process Specialist of CT Corporation. Document filed by The Export-Import Bank of The Republic of China. (Solomon, Andrew) (Entered: 04/20/2006)
04/26/2006 4 AFFIDAVIT OF SERVICE of Copy of Judge's Letter served on Grenada on April 14, 2006. Service was accepted by Sabrina Ambrose, a Process Agent at CT Corporation, the Registered Agent for service of Process upon Grenada. Document filed by The Export-Import Bank of The Republic of China. (Attachments: # 1 Copy of Letter from Judge Baer)(Solomon, Andrew) (Entered: 04/26/2006)
06/20/2006 ***REJECTION OF ATTEMPTED PAPER FILING IN ECF CASE. The following document(s) Appearance by Donzell M. Tucker, was rejected by the Clerk's Office and must be FILED ELECTRONICALLY on the Court's ECF System. (rdz, ) (Entered: 06/20/2006)
06/26/2006 5 ANSWER to Complaint. Document filed by Grenada.(Tucker, Donzell) (Entered: 06/26/2006)
07/27/2006 6 SCHEDULING ORDER: Amended Pleadings due by 9/20/2006. Joinder of Parties due by 9/20/2006. Discovery due by 10/20/2006.Motions due by 11/30/2006. (Signed by Judge Harold Baer on 7/27/2006) (jmi, ) (Entered: 07/27/2006)
10/27/2006 7 ENDORSED LETTER addressed to Judge Harold Baer from Mr. Tucker dated 10/25/06 re: counsel requests an extension of the scheduling order for two months or until 1/30/07. This song was sung from the get go and while I know its all likely true-my agenda is a little different either we get a stipulation of discontinuance on 1/30/07 or fully briefed motion by that date or the matter will be dismissed on that date without prejudice and you can if you choose to bring again or not as the case may be. This extension is granted. (Signed by Judge Harold Baer on 10/27/06) (dle, ) (Entered: 10/30/2006)
12/21/2006 8 MOTION for Summary Judgment. Document filed by The Export-Import Bank of The Republic of China. Responses due by 1/8/2007 (Samuels, Emily) (Entered: 12/21/2006)
12/21/2006 9 DECLARATION of Emily Samuels in Support re: 8 MOTION for Summary Judgment.. Document filed by The Export-Import Bank of The Republic of China. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 # 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11)(Samuels, Emily) (Entered: 12/21/2006)
12/21/2006 10 MEMORANDUM OF LAW in Support re: 8 MOTION for Summary Judgment.. Document filed by The Export-Import Bank of The Republic of China. (Attachments: # 1 Paintiff's 56.1 Statement of Unisputed Material Facts)(Samuels, Emily) (Entered: 12/21/2006)
02/06/2007 11 ORDER that plaintiff's motion for summary judgment is granted in its entirety in default. The clerk of the court is directed to close this motion and remove it from my docket. (Signed by Judge Harold Baer on 2/5/07) (dle) (Entered: 02/06/2007)
02/06/2007 Transmission to Judgments and Orders Clerk. Transmitted re: 11 Order, to the Judgments and Orders Clerk. (dle) (Entered: 02/06/2007)
02/06/2007 12 CLERK'S JUDGMENT That for the reasons stated in the Court's Order dated February 5, 2007, plaintiffs motion for summary judgment is granted in its entirety in default; accordingly, the case is closed. (Signed by J. Michael McMahon, clerk on 2/6/07) (Attachments: # 1 notice of right to appeal)(ml) (Entered: 02/06/2007)
02/20/2007 13 MOTION to Alter Judgment re: 12 Clerk's Judgment,. Document filed by The Export-Import Bank of The Republic of China. (Attachments: # 1 DECLARATION OF PAUL E. SUMMIT IN SUPPORT OF MOTION TO AMEND AND FOR ATTORNEYS' FEES AND COSTS# 2 Exhibit A to Paul Summit Declaration# 3 Exhibit B to Paul E. Summit Declaration# 4 Exhibit C to Paul E. Summit Declaration# 5 Exhibit D to Paul E. Summit Declaration)(Samuels, Emily) (Entered: 02/20/2007)
02/20/2007 14 MEMORANDUM OF LAW in Support re: 13 MOTION to Alter Judgment re: 12 Clerk's Judgment,. MOTION to Alter Judgment re: 12 Clerk's Judgment,. Memorandum of Law in Support of Motion to Amend the Judgment and For Attorneys' Fees and Costs. Document filed by The Export-Import Bank of The Republic of China. (Samuels, Emily) (Entered: 02/20/2007)
03/16/2007 15 AMENDED JUDGMENT # 07,0501 amending 12 Clerk's Judgment,, in favor of The Export-Import Bank of The Republic of China against Grenada in the amount of $ 24,997,596.84. (Signed by Judge Harold Baer on 3/16/07) (Attachments: # 1 notice of right to appeal)(ml) (Entered: 03/16/2007)
03/06/2008 16 ENDORSED LETTER addressed to Judge Harold Baer from Paul Eliot Summit dated 2/29/2008 re: Requesting an informal conference concerning a discovery dispute. ENDORSEMENT: I'm glad to have a conference but this is a 2-year old case and while you have gone to great lengths to provide information, I remember well that the attorney for Grenada made it clear they didn't have the money and admitted that they owed the amount prayed for is there a new gold mine in Grenada? I have not read all these papers but I'm ready to grant the motion for what its worth if you and your adversary tell me what's changed first in a 2 page letter, I would be appreciative by 3/17/2008. (Signed by Judge Harold Baer on 3/6/2008) (jpo) (Entered: 03/06/2008)
03/19/2008 17 ENDORSED LETTER addressed to Judge Harold Baer, Jr. from Paul E. Summit dated 3/14/08 re: Export-Import Bank of the Republic of China request an informal conference, or, alternatively, requests permission to file and serve the Motion to Compel forthwith. ENDORSEMENT: I'm not sure what an informal conference will do my recollection is we've had several. I doubt you need my permission to file and serve discovery motions which is what I noted in my 3/4 endorsement. (Signed by Judge Harold Baer on 3/14/08) (pl) (Entered: 03/19/2008)
03/20/2008 18 MOTION to Compel Grenada's Response to Post Judgment Interrogatories. Document filed by The Export-Import Bank of The Republic of China.(Samuels, Emily) (Entered: 03/20/2008)
03/20/2008 19 MEMORANDUM OF LAW in Support re: 18 MOTION to Compel Grenada's Response to Post Judgment Interrogatories.. Document filed by The Export-Import Bank of The Republic of China. (Samuels, Emily) (Entered: 03/20/2008)
03/20/2008 20 DECLARATION of Emily A. Samuels in Support re: 18 MOTION to Compel Grenada's Response to Post Judgment Interrogatories.. Document filed by The Export-Import Bank of The Republic of China. (Attachments: # 1 Exhibit A (Part 1 of 4), # 2 Exhibit A (Part 2 of 4), # 3 Exhibit A (Part 3 of 4), # 4 Exhibit A (Part 4 of 4), # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F)(Samuels, Emily) (Entered: 03/20/2008)
04/18/2008 21 AFFIDAVIT OF SERVICE of Motion to Compel Grenada's Response to Post-Judgment Interrogatories served on Grenada on 3/20/08. Service was made by CERTIFIED MAIL. Document filed by The Export-Import Bank of The Republic of China. (Samuels, Emily) (Entered: 04/18/2008)