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SDNY Kazakhstan Case Against
Felix Sater Default Motion
Against Ferrari Due Jan 15
By Matthew
Russell Lee
SDNY COURTHOUSE,
Dec 4 – Felix Sater during a
testy cross examination on
August 8, 2019 before U.S.
District Court for the
Southern District of New York
Magistrate Judge Katharine H.
Parker was asked if he
remembered election day 2016
as a notable day.
It was "a
notably day for all
Americans," Sater replied,
smiling. Moments later when
the same lawyer, Matthew Lane
Schwartz of Boies Schiller
Flexner LLP began a question
about Sater knowing it is a
felony to lie, Sater shot
back, YOU know it is a felony
- until Judge Parker cut it
off.
On October
7 Judge Parker held another
discovery conference in the
case. Inner City Press covered
it. It emerged that a
September 30 deposition of
Sater had to be called off
when he traveled to Guyana and
said he had no Internet there.
On November 23
Judge Parket held another
proceeding, and Inner City
Press again covered it. The
Kazakh entities, including BTA
Bank, say that while Sater was
set to be deposed on November
30, he had not produced
documents due to them.
Judge Parker ordered
that the parties meet and
confer regarding a schedule
for document production and a
new date for Sater's
deposition and submit the
schedule by November 24 - or
file a motion to compel by
December 11.
On December
4 the lawyers for Almaty wrote
to Judge Nathan that they
intend to move for default
judgment against Ferrari
Holdings LLC by January 15.
They are discussing things
with the owner of MeM Energy
Partners LLC - with the
intention to file by February
26, 2021 or earlier.
Back on
April 30, 2020, Judge Parker
held a telephone conference in
the case amid the COVID-19
pandemic. Inner City Press
covered this as well.
The first issue
was, has Ferrari Holdings LLC
retained counsel?
Judge Parker said she gave
them 60 days. Bigger
picture, Judge Parker said she
expects social distancing to
continue in New York into the
summer, so plans for the Sater
case should take that into
account.
Talk
turned to subpoenas to banks,
production on a rolling basis.
Subpoenas to law firms, too -
a firm says it has objections.
Judge Parker said, With these
discovery issues, the next
conference should be in 45
days. She said, "I started
scheduling in-person
conferences for June --"
A lawyer,
seemingly Jill Levy for Sater,
called that "pretty
aggressive."
Judge
Parker said, Let's do it by
phone in June. Inner City
Press will "be" there, in
person or virtually. Watch
this site. The case is City of
Almaty, Kazakhstan et al v.
Sater et al.,
19-cv-02645
(Nathan /
Parker).
***
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