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Afghanistan International Bank
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Utility | Filed: March 28, 2023 | Entered: March 28, 2023 Olive Group North America LLC et al v. Afghanistan International Bank
Contract: Other | New York Southern
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Order | Filed: March 28, 2023 Olive Group North America LLC et al v. Afghanistan International Bank
Contract: Other | New York Southern
Order
CLERK'S JUDGMENT re: 69 Memorandum & Opinion in favor of Afghanistan International Bank against New Constellis Holdings, Inc. in the amount of $10,000. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated March 27, 2023, AIB's motion for attorneys' fees is GRANTED. Counsel for Plaintiffs shall pay AIB $10,000 in attorneys' fees pursuant to the Opinion and Order. The Second Circuit has instruc ted that while courts have "wide discretion" in considering sanctions, they "should be sensitive to the impact of sanctions on attorneys. They can be economically punishing, as well as professionally harmful; due process must be aff orded." Oliveri, 803 F.2d at 1280. In this case, Plaintiffs made numerous vexatious errors that imposed costs on AIB and the Court. However, the matter was ultimately resolved within nine months, and there is no indication that Plaintiffs ha ve failed to understand the gravity of their missteps or the resulting consequences. The Court concludes that an award of $10,000 is sufficient but not greater than necessary to deter similar future conduct; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 3/28/2023) (Attachments: # 1 Appeal Package) (km)
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Order | Filed: March 27, 2023 Olive Group North America LLC et al v. Afghanistan International Bank
Contract: Other | New York Southern
Order
OPINION AND ORDER: re: 52 MOTION for Sanctions and MOTION for Attorney Fees filed by Afghanistan International Bank. For the foregoing reasons, AIB's motion for attorneys' fees is GRANTED. Counsel for Plaintiffs shall pay AIB $10,0 00 in attorneys' fees pursuant to this Opinion and Order. The Second Circuit has instructed that while courts have "wide discretion" in considering sanctions, they "should be sensitive to the impact of sanctions on attorneys. They can be economically punishing, as well as professionally harmful; due process must be afforded." Oliveri, 803 F.2d at 1280. In this case, Plaintiffs made numerous vexatious errors that imposed costs on AIB and the Court. However, the matter was ultimately resolved within nine months, and there is no indication that Plaintiffs have failed to understand the gravity of their missteps or the resulting consequences. Accordingly, the Court concludes that an award of $10,000 is sufficient bu t not greater than necessary to deter similar future conduct. The Clerk of Court is respectfully directed to terminate the motion, Doc. 52, and to close the case. IT IS SO ORDERED. (Signed by Judge Edgardo Ramos on 3/27/2023) (ama) Transmission to Orders and Judgments Clerk for processing.
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