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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
PAULICOPTER - CIA. PAULISTA DE
HELICOPTERO LTDA. - TAXI ANTONIO
AEREO,
JOAO ABDALLA FILHO, FAJA
DESENVOLVIMENTO URBANO, LTDA.,
COMPANHIA AGRICOLA E PASTORIL FAZENDA
Index No.
RIO PARDO, and ELLIRA CORPORATION,
(Masle
Plaintifs,
STIPULATION
-against-
SERVIC
ADJOUR
BANK OF AMERICA MERRILL LYNCH BANCO
MÚLTIPLO S.A., RENATO DIAS PINHEIRO, and
GLAUCIA NOGUEIRA,
Defendants.
WHEREAS, on February 26, 2018, Plaintiffs filed an Amended Compla
of America, N.A. ("BANA"), Bank of America Merrill Lynch Banco Múltip
Múltiplo"), Renato Dias Pinheiro, and Glaucia Nogueira;
WHEREAS, on May 9, 2018, upon the Affirmation of Erik S. Groothu
Issuance of Letters Rogatory, the Court issued letters rogatory to enable Plaintiffs
on Defendants Banco Múltiplo, Pinheiro, and Nogueira (the "Brazilian Defendants"
the time for Plaintiffs to serve the Amended Complaint upon the Foreign
November 6, 2018 to fifteen months from the signing
and issuance of the letters
WHEREAS, on April 22, 2019, Plaintiffs filed a Notice of Appeal
Plaintiffs appealed the Dismissal Decision to the Appellate Division of the Su
("Plaintiffs'
State of New York, First Department Appeal");
Plaintiffs'
WHEREAS, resolution of Appeal will involve issues central
against the Brazilian Defendants and impact those claims; therefore, adjournin
Defendants'
deadline to respond to the Amended Complaint until after the resolu
Appeal will promote judicial economy and conserve the resources of the parties;
WHEREAS, the Brazilian Defendants and the Plaintiffs have agreed
Amended Complaint shall be deemed to be complete on the date of this stipulation;
WHEREAS, Plaintiffs and the Brazilian Defendants, by undersigned
extend the deadline for the Brazilian Defendants to answer, move to dismiss, o
Plaintiffs'
to the Amended Complaint until 60 days following the resolution of
IT IS HEREBY STIPULATED, by Plaintiffs and the Brazilian
undersigned counsel, as follows:
1. Service of the Amended Complaint shall be deemed to have
each of the Brazilian Defendants as of the date of the execution of this stipulation
it, August 7, 2019. By entering into this stipulation the Brazilian Defendants
appearance under CPLR Rule 320 or any other provision of law.
By entering
the Brazilian Defendants are not waiving any defense or right other than
2. The deadline for the Brazilian Defendants to answer, move to di
respond to the Amended Complaint shall be 60 days following final resolution o
3. The parties hereto will not propound, seek, or otherwise cond
discovery until after the Brazilian Defendants have answered, moved to dism
responded to the Amended Complaint.
Plaintiffs'
4. The Appeal shall be deemed resolved upon the earlier
the issuance of a final mandate by the New York Court of Appeals rendering
Plaintiffs'
Appeal; (ii) the failure of a Plaintiff or BANA to file timely a notice
Plaintiffs'
final decision regarding
Appeal after decision by an intermediate appella
Plaintiffs' Plaintiffs'
Appeal; and (iii) a filing
with the pertinent court by which
with prejudice.
5. This stipulation may be executed in parts or counterparts, and
this stipulation, faxed or electronically transmitted signatures shall be deemed
Dated: August 7, 2019
SCHLAM STONE & DOLAN LLP MOORE & VAN ALLEN PLLC
By: Jeffrey M. Eilender By: Jan s P. McLoughlin,
Erik S. Groothuis Christopher D. Tomlinson
VEDDER PRICE P.C.
Daniel C. Green
1633 Broadway, Floor 31
New York, New York 10019
Telephone: (212) 407-7735
dgreen@vedderprice.com
On behalf of Defendants Ban
Merrill Lynch Banco Múltiplo
Dias Pinheiro, and Glaucia
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SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK PAULICOPTER - CIA. PAULISTA DE HELICOPTERO LTDA. - TAXI ANTONIO AEREO, JOAO ABDALLA FILHO, FAJA DESENVOLVIMENTO URBANO, LTDA., COMPANHIA AGRICOLA E PASTORIL FAZENDA Index No. RIO PARDO, and ELLIRA CORPORATION, (Masle Plaintifs, STIPULATION -against- SERVIC ADJOUR BANK OF AMERICA MERRILL LYNCH BANCO MÚLTIPLO S.A., RENATO DIAS PINHEIRO, and GLAUCIA NOGUEIRA, Defendants. WHEREAS, on February 26, 2018, Plaintiffs filed an Amended Compla of America, N.A. ("BANA"), Bank of America Merrill Lynch Banco Múltip Múltiplo"), Renato Dias Pinheiro, and Glaucia Nogueira; WHEREAS, on May 9, 2018, upon the Affirmation of Erik S. Groothu Issuance of Letters Rogatory, the Court issued letters rogatory to enable Plaintiffs on Defendants Banco Múltiplo, Pinheiro, and Nogueira (the "Brazilian Defendants" the time for Plaintiffs to serve the Amended Complaint upon the Foreign November 6, 2018 to fifteen months from the signing and issuance of the letters WHEREAS, on April 22, 2019, Plaintiffs filed a Notice of Appeal Plaintiffs appealed the Dismissal Decision to the Appellate Division of the Su ("Plaintiffs' State of New York, First Department Appeal"); Plaintiffs' WHEREAS, resolution of Appeal will involve issues central against the Brazilian Defendants and impact those claims; therefore, adjournin Defendants' deadline to respond to the Amended Complaint until after the resolu Appeal will promote judicial economy and conserve the resources of the parties; WHEREAS, the Brazilian Defendants and the Plaintiffs have agreed Amended Complaint shall be deemed to be complete on the date of this stipulation; WHEREAS, Plaintiffs and the Brazilian Defendants, by undersigned extend the deadline for the Brazilian Defendants to answer, move to dismiss, o Plaintiffs' to the Amended Complaint until 60 days following the resolution of IT IS HEREBY STIPULATED, by Plaintiffs and the Brazilian undersigned counsel, as follows: 1. Service of the Amended Complaint shall be deemed to have each of the Brazilian Defendants as of the date of the execution of this stipulation it, August 7, 2019. By entering into this stipulation the Brazilian Defendants appearance under CPLR Rule 320 or any other provision of law. By entering the Brazilian Defendants are not waiving any defense or right other than 2. The deadline for the Brazilian Defendants to answer, move to di respond to the Amended Complaint shall be 60 days following final resolution o 3. The parties hereto will not propound, seek, or otherwise cond discovery until after the Brazilian Defendants have answered, moved to dism responded to the Amended Complaint. Plaintiffs' 4. The Appeal shall be deemed resolved upon the earlier the issuance of a final mandate by the New York Court of Appeals rendering Plaintiffs' Appeal; (ii) the failure of a Plaintiff or BANA to file timely a notice Plaintiffs' final decision regarding Appeal after decision by an intermediate appella Plaintiffs' Plaintiffs' Appeal; and (iii) a filing with the pertinent court by which with prejudice. 5. This stipulation may be executed in parts or counterparts, and this stipulation, faxed or electronically transmitted signatures shall be deemed Dated: August 7, 2019 SCHLAM STONE & DOLAN LLP MOORE & VAN ALLEN PLLC By: Jeffrey M. Eilender By: Jan s P. McLoughlin, Erik S. Groothuis Christopher D. Tomlinson VEDDER PRICE P.C. Daniel C. Green 1633 Broadway, Floor 31 New York, New York 10019 Telephone: (212) 407-7735 dgreen@vedderprice.com On behalf of Defendants Ban Merrill Lynch Banco Múltiplo Dias Pinheiro, and Glaucia