Opinion
23 Civ. 10993 (LGS)
01-16-2024
RISEN ENERGY CO., LTD., Petitioner, v. FOCUS FUTURA HOLDING PARTICIPACOES S.A., Respondent.
SCHEDULING ORDER
LORNA G. SCHOFIELD, DISTRICT JUDGE
WHEREAS, on December 19, 2023, Petitioner commenced this action by filing a 10-page Petition to vacate arbitration;
WHEREAS, on December 24, 2023 Petitioner filed a motion for alternative service on Respondent deeming service of process complete, and Respondent filed no opposition;
WHEREAS, on January 4, 2024, the Court set a briefing schedule for Respondent's opposition to the Petition and Petitioner's reply;
WHEREAS, on January 12, 2024, Petitioner filed an application to modify the briefing scheduling to permit Petitioner to file a memorandum of law in support of the Petition.
Respondent opposed the application by letter filed January 14, 2024;
WHEREAS, on January 13, 2024, Respondent filed a Cross-Petition to confirm arbitration and memorandum of law in a single 13-page document, and (due to a filing error) again on January 16, 2024;
WHEREAS, on January 15, 2024, Petitioner proposed a briefing schedule to coordinate the briefing of the Petition and Cross-Petition. It is hereby
ORDERED that Petitioner's motion to modify the briefing schedule is GRANTED IN PART as follows:
• Petitioner shall file its memorandum of law in support of the Petition by January 18, 2023, not to exceed 15 pages;
• Respondent shall file its opposition to the Petitioner's Petition, and a reply in support of Respondent's Cross-Petition, not to exceed 15 pages, by February 1, 2024;
• Petitioner shall file its reply in support of the Petition, not to exceed 7 pages, by February 8, 2024.
ORDERED that the parties shall otherwise comply with the Court's Individual Rules in filing their motions and supporting papers.
ORDERED that Petitioner's motion for alternative service is GRANTED;
The Clerk of Court is respectfully directed to close the motions at Dkt. Nos. 9 and 15.