Hyatt Curacao, N.V. v. Santa Barbara Hospitality, N.V.
| New York Southern District Court | |
| Judge: | John G Koeltl |
| Case #: | 1:15-cv-03293 |
| Nature of Suit | 896 Other Statutes - Arbitration |
| Cause | 09:1 U.S. Arbitration Act |
| Case Filed: | Apr 28, 2015 |
| Terminated: | Aug 11, 2015 |
| Last checked: Sunday Oct 25, 2015 11:21 AM EDT |
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Consolidated Petitioner
Santa Barbara Hospitality, N.V.
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Represented By
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Consolidated Respondent
Hyatt Curacao, N.V.
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Represented By
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Petitioner
Hyatt Curacao, N.V.
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Represented By
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Respondent
Santa Barbara Hospitality, N.V.
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Represented By
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| Docket last updated: 11/25/2024 11:59 PM EST |
| Tuesday, August 11, 2015 | ||
| 20 | 20
order
Judgment - Clerk
Tue 08/11 4:30 PM
CLERK'S JUDGMENT: That for the reasons stated in the Court's Order and Judgment dated August 7, 2015, these cases are consolidated; the Final Award is confirmed, and all other request for relief in SBH's Petition to Confirm Final Arbitration Award are denied as moot; accordingly, judgment is entered on the Final Award as follows:1.The Panel declares that Claimant, Santa Barbara Hospitality, N.Y.'s ("SBH"), termination of the Hotel Management Agreement (Curayao) dated March 16, 2005 (''HMA") on December 12, 2012, was a lawful remedy for an event of default by Hyatt Curacao, N.Y. ("Hyatt"), and not a breach of the HMA by SBH.2.The Panel awards nothing to SBH on its claims of breach of contract by Hyatt.3.The Panel awards SBH the amount of US $1,479,731.55, together with pre-judgment interest thereon in the amount of US $209,393.61, computed from the respective dates of such fee payments to Hyatt through April 15, 2015, at the rate specified in §17.9 of the HMA, on its claim of breach of fiduciary duties by Hyatt. Therefore within 30 days from the Final Award, Hyatt shall pay to SBH the total amount of US $1,689,125.16.4.Hyatt's counterclaim for monetary damages is denied.5.The Panel find no basis on which to re-allocate the parties' attorneys' fees and costs, which shall borne as incurred by the parties.6.The administrative fees and expenses of the International Centre for Dispute Resolution totaling US$40,121.56, together with the compensation and expenses of the panel totaling US$323,580.61, shall be borne equally by the parties. Therefore, SBH shall pay Hyatt the amount of $6,914.17 representing that portion of said fees, compensation, and expenses in excess of the apportioned costs previously incurred by Hyatt.7.This award determines all claims, counterclaims and issues submitted for decision in this proceeding. Any claims, counterclaims and issues not specifically addressed are denied. These cases are closed. (Signed by Clerk of Court Ruby Krajick on 8/11/2015)Filed In Associated Cases: 1:15-cv-03293-JGK, 1:15-cv-03303-JGK(dt) |
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Att: 1
Notice of Right to Appeal,
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Att: 2
Notice of Right to Appeal
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| Monday, August 10, 2015 | ||
| 19 | 19
misc
Remark
Mon 08/10 3:18 PM
FINAL AWARD. (ajs) |
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| 18 | 18
order
Judgment
Mon 08/10 1:47 PM
ORDER AND JUDGMENT: The Final Award is attached as Exhibit A to SBH's Petition to Confirm Arbitral Award. For the reasons stated on the record, IT IS HEREBY ORDERED: 1. These cases are consolidated. 2. The Final Award is confirmed. 3. All other requests for relief in SBH's Petition to Confirm Final Arbitral Award and Hyatt's Petition to Confirm Final Arbitration Award are denied as moot. 4. The Clerk of the Court is respectfully directed to unseal SBH's Petition to Confirm Arbitral Award and Exhibit A attached thereto, filed in Santa Barbara Hospitality, N.V. v. Hyatt Curacao, N. V., 15-cv-3303 (JGK) [Dkt. No. 3], and to file them on the Court's publicly available electronic docket. 5. The Clerk of the Court is respectfully directed to unseal Exhibit A to Hyatt's Petition to Confirm Final Arbitration Award, filed in Hyatt Curacao, N.V. v. Santa Barbara Hospitality, N. V., 15-cv-3293 (JGK) [Dkt. No.1], and to file it on the Court's publicly available electronic docket. 6. The Clerk is directed to enter Judgment in accordance with the Final Award. The Clerk of the Court is respectfully directed to close the above-captioned cases. (Signed by Judge John G. Koeltl on 8/7/2015) (kgo) |
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| 17 | 17
order
Order Admitting Attorney Pro Hac Vice
Mon 08/10 1:15 PM
ORDER: that the oral motion of Andrew H. Marks for admission to practice Pro Hac Vice in the above-captioned action is GRANTED. (Signed by Judge John G. Koeltl on 8/7/2015) (tn) |
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misc
Transmission to Sealed Records Clerk
Mon 08/10 1:47 PM
Transmission to Sealed Records Clerk. Transmitted re:18 Judgment, to the Sealed Records Clerk for the sealing or unsealing of document or case. (kgo) |
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misc
Transmission to Judgments and Orders Clerk
Mon 08/10 1:57 PM
Transmission to Judgments and Orders Clerk. Transmitted re:18 Judgment, to the Judgments and Orders Clerk. (kgo) |
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| Wednesday, August 05, 2015 | ||
| 16 | 16
order
Order on Motion to Adjourn Conference
Wed 08/05 11:25 AM
ORDER granting15 Letter Motion to Adjourn Conference addressed to Judge John G. Koeltl from Aryeh S. Portnoy, Esq. dated 8/3/2015. The matter will be held on Friday, August 7, 2015, at 3:30PM. (Oral Argument set for 8/7/2015 at 03:30 PM before Judge John G. Koeltl.) (Signed by Judge John G. Koeltl on 8/4/2015) (kko) |
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| Monday, August 03, 2015 | ||
| 15 | 15
motion
Adjourn Conference
Mon 08/03 3:41 PM
JOINT LETTER MOTION to Adjourn Conference addressed to Judge John G. Koeltl from Aryeh S. Portnoy, Esq. dated 8/3/2015. Document filed by Hyatt Curacao, N.V..(Portnoy, Aryeh) |
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| Thursday, July 30, 2015 | ||
| 14 | 14
order
Order on Motion to Adjourn Conference
Thu 07/30 11:38 AM
ORDER granting13 JOINT LETTER MOTION to Adjourn Conference [oral argument of pending motions] addressed to Judge John G. Koeltl from Aryeh S. Portnoy, Esq. dated 7/28/2015. Document filed by Hyatt Curacao, N.V. Adjourned to Thursday, August 13, 2015, at 10:30 a.m. So ordered. (Oral Argument set for 8/13/2015 at 10:30 AM before Judge John G. Koeltl). (Signed by Judge John G. Koeltl on 7/29/2015) (rjm) |
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| Tuesday, July 28, 2015 | ||
| 13 | 13
motion
Adjourn Conference
Tue 07/28 4:18 PM
JOINT LETTER MOTION to Adjourn Conference [oral argument of pending motions] addressed to Judge John G. Koeltl from Aryeh S. Portnoy, Esq. dated 7/28/2015. Document filed by Hyatt Curacao, N.V..(Portnoy, Aryeh) |
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| Monday, July 27, 2015 | ||
| 12 | 12
notice
Notice of Hearing
Mon 07/27 4:11 PM
NOTICE OF ORAL ARGUMENT: You are directed to appear for oral argument on the pending motion(s), to be held on Friday, August 7, 2015, at 2:30pm, in Courtroom 12B, in front of the Honorable John G. Koeltl. All requests for adjournments must be made in writing to the Court. For any further information, please contact the Court at (212) 805-0107. Don Fletcher, Courtroom Case Manager. (Oral Argument set for 8/7/2015 at 02:30 PM in Courtroom 12B, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl). (rjm) |
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| Tuesday, May 12, 2015 | ||
| 11 | 11
respoth
Declaration in Support (non-motion)
Tue 05/12 4:56 PM
DECLARATION of Ankush Khardori in Support re:10 Response. Document filed by Santa Barbara Hospitality, N.V..(Gordon, Andrew) |
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Att: 1
Exhibit A
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| 10 | 10
respoth
Response (non-motion)
Tue 05/12 4:52 PM
RESPONSE re: 1 Complaint / Petition to Confirm Final Arbitration Award . Document filed by Santa Barbara Hospitality, N.V.. (Gordon, Andrew) |
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| 9 | 9
misc
Rule 7.1 Corporate Disclosure Statement
Tue 05/12 4:47 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Santa Barbara Hospitality, N.V..(Gordon, Andrew) |
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| 8 | 8
notice
Notice of Appearance
Tue 05/12 4:38 PM
NOTICE OF APPEARANCE by Ankush Khardori on behalf of Santa Barbara Hospitality, N.V.. (Khardori, Ankush) |
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| 7 | 7
notice
Notice of Appearance
Tue 05/12 4:35 PM
NOTICE OF APPEARANCE by Audra Jan Soloway on behalf of Santa Barbara Hospitality, N.V.. (Soloway, Audra) |
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| 6 | 6
notice
Notice of Appearance
Tue 05/12 4:33 PM
NOTICE OF APPEARANCE by Andrew Garry Gordon on behalf of Santa Barbara Hospitality, N.V.. (Gordon, Andrew) |
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| Wednesday, May 06, 2015 | ||
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misc
Note to Attorney to E-Mail PDF
Wed 05/06 4:33 PM
***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Aryeh S. Portnoy for noncompliance with Section 14.2 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document 1 Complaint to: caseopenings@nysd.uscourts.gov. (moh) |
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misc
Notice to Attorney to Submit PDF of Civil Cover Sheet
Wed 05/06 4:34 PM
***NOTICE TO ATTORNEY TO SUBMIT PDF OF CIVIL COVER SHEET. Notice to Attorney Aryeh S. Portnoy, to submit PDF of the Civil Cover Sheet. Email a copy of Civil Cover Sheet to: caseopenings@nysd.uscourts.gov. (moh) |
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| Wednesday, April 29, 2015 | ||
| 5 | 5
order
Order
Wed 04/29 2:33 PM
ORDER: Upon consideration of the Declaration of Jared A. Levine, and the accompanying memorandum of law in support of a motion to file the final arbitration award under seal. IT IS HEREBY ORDERED that the motion is GRANTED, and the Final Arbitration Award issued by the arbitration panel in the International Centre for Dispute Resolution arbitration proceeding between Hyatt Curacao, N.V. and Santa Barbara Hospitality, N.V., ICDR No. 50 517 T 00943 12, may be filed under seal and that only the redacted version of the Final Award attached to Hyatt's Petition be file in the public record, all subject to review by the judge to whom this action us assigned. (Signed by Part I Judge Sidney H. Stein on 4/28/2015) (ama) |
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| 4 | 4
misc
Rule 7.1 Corporate Disclosure Statement
Wed 04/29 11:55 AM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Hyatt Corporation for Hyatt Curacao, N.V.. Document filed by Hyatt Curacao, N.V..(Levine, Jared) |
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| Tuesday, April 28, 2015 | ||
| 3 | 3
misc
Sealed Document
Wed 04/29 10:42 AM
SEALED DOCUMENT placed in vault.(mps) |
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| 2 | 2
misc
Civil Cover Sheet
Wed 04/29 10:07 AM
CIVIL COVER SHEET filed. (moh) |
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| 1 | 1
cmp
Complaint
Wed 04/29 10:05 AM
PETITION TO CONFIRM FINAL ARBITRATION AWARD against Santa Barbara Hospitality, N.V.. (Filing Fee $ 350.00, Receipt Number 465401123860)Document filed by Hyatt Curacao, N.V..(moh) |
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service
Summons Issued
Wed 04/29 10:06 AM
SUMMONS ISSUED as to Santa Barbara Hospitality, N.V.. (moh) |
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utility
Case Designation
Wed 04/29 10:06 AM
Magistrate Judge Frank Maas is so designated. (moh) |
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utility
Case Designated ECF
Wed 04/29 10:07 AM
Case Designated ECF. (moh) |
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