Senegal and Goudiaby Sued by
Architect Diedhiou Now Moves For Default
Against Goudiaby
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- The
Source
SDNY COURTHOUSE,
Jan 27 – Senegal, through its
Mission to the UN in New York
with Permanent Representative
Fode Seck, were sued earlier
this year for $1 million by a
Senegalese architect who says
they ripped him off.
On
Christmas Day 2020 Inner City
Press reported
that the architect had filed
to win by default. Senegal had
not put in any response at
all.
But when
Inner City Press' report was
picked up in Senegal, by and Senxibar,
this arrogant response was
proffered: "Senegal faces
condemnation in the United
States. According to the Obs,
which quotes Inner City Press,
a media specializing in the
coverage of legal cases, the
Senegalese mission to the
United Nations and its former
ambassador, Fodé Seck, are
being sued... Pierre Goudiaby
Atepa indicates that his
nephew is confusing people's
heads and that he himself is a
victim in this affair. Better,
he made it known that Fodé
Seck has nothing to do in this
affair."
Note
to Seck, and other diplomats
seeking to emulate the
impunity of UN Secretary
General Antonio Guterres -
thumbing your nose at a legal
system is not a good look.
On January 11,
Senegal belatedly made an
appearance in the SDNY case,
with this suburban lawyer:
"Ryanne Konan Law Office and
Legal Services Ryanne Konan,
Esq. ryannekonan Attorney for
Defendant, 4 Marshall Road,
Suite 248 Wappingers Falls, NY
12590." His video is here.
It cited dog bites, and shows
a New York Post article about
porn.
Then on January
19, game on: "Given this
Circuit's preference for
resolving disputes on the
merits, Senegal's explanation
for its initial delay in
appearing in this case and
prompt effort to seek vacatur,
and the early posture of this
case, the Court hereby GRANTS
Senegal's motion to vacate the
Clerk's certificate of
default. The Clerk of Court is
respectfully instructed to
vacate the certificate of
default. The parties are
instructed to confer and
jointly stipulate to a date by
which Senegal must answer,
move, otherwise respond to the
Complaint. Such stipulation
must be filed with the Court
by no later than January 22,
2021. (Signed by Judge Edgardo
Ramos on 1/18/2021)."
But on June
8, Senegal filed a
one-page "motion" with the
court, saying that it should
not have to produce any
discovery.
And on June 9, it
was granted: "The request is
GRANTED. Discovery will be
stayed until a decision is
issued on the Motion to
Dismiss. SO ORDERED. (Signed
by Judge Edgardo Ramos on
6/9/2021)."
On September 29,
2021, Senegal's motion has
only been partial granted, and
partially denied - so the case
proceeds: "OPINION AND ORDER:
re: [24] FIRST MOTION to
Dismiss filed by The Republic
of Senegal. For the reasons
set forth above, Senegal's
motion to dismiss is GRANTED
in part and DENIED in part.
Senegal's motion is granted as
to Diedhiou's breach of
contract claims relating to
the purchase and transfer of
the property; but denied as to
all other claims. The parties
are directed to appear for a
teleconference on November 5,
2021 at 9 am."
On November 5,
this: "ORDER SCHEDULING CASE
MANAGEMENT CONFERENCE: This
case has been referred to me
for general pretrial
supervision purposes &
settlement.
On December 16,
2021, this: "SCHEDULING ORDER:
Joint Status Letter due by
1/31/2022. (HEREBY ORDERED by
Magistrate Judge Katharine H.
Parker) (Text Only Order)."
Also, further
ahead: "This case is to be
tried to a jury. Non-expert
depositions shall be completed
by February 1, 2022. Amended
Pleadings due by 12/1/2021.
Joinder of Parties due by
12/1/2021. Deposition due by
5/1/2022. Discovery due by
6/1/2022. Case Management
Conference set for 6/1/2022 at
03:30 PM before Judge Edgardo
Ramos."
On January 27,
2022, Deidhiou moved for
default judgment against
Pierre Goudiaby, saying he is
74 and lives in Senegal and
has not responded.
The architect
says his claim is not blocked
by sovereign or diplomatic
immunity, so common around
today's UN, since Senegal was
developing commercial real
estate.
In the U.S.
District Court for the
Southern District of New York,
which Inner City Press covers
daily including Cheikh Gadio
along with the UN while being
banned
by UNSG Antonio Guterres from
entering the UN due to its
reporting on UN corruption,
Pape M. Diedhiou filed a
lawsuit on July 23, 2020, for
more than $1 million.
And on
December 25, this has been
filed: "Defendant, the
Republic of Senegal, was
properly served under Fed. R.
Civ. P. 4 and 28 U.S.C. §
1608, and proof of service has
been filed with the Court. 3)
The time for Defendant to
answer or otherwise move with
respect to Plaintiff’s
complaint herein has expired.
4) Defendant is not an infant
or incompetent person."
Actually, the Senegal Mission
or PR may well be incompetent.
Diedhiou
recounts that after
substantial work, in May 2016
he "sent an invoice to Fode
Seck, who had replaced [Paul]
Badji as Senegal's Permanent
Representative to the UN."
Seck has led the
UN's Committee on the
Inalienable Rights of the
Palestinian People - but he
did not pay Diedhiou for his
work. The lawsuit followed.
Inner City Press will be
following it. Watch this
site.
The case is
Diedhiou v. The Republic of
Senegal, 20-cv-5685
(Ramos)
***
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