This HTML version is machine-generated. Always consult the original document.Original document (PDF), opens in new tab

[Page 1]

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 9/26/2023

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

CHICAGO BRIDGE & IRON COMPANY N.V.
and CB&I UK Limited,

Petitioners

v.

REFINERÍA DE CARTAGENA S.A.S.,

Respondent

v.

CBI COLOMBIANA S.A.

Cross-Respondent

Civil Action No. 1:23-cv-04825-GHW

ORDER TO SHOW CAUSE IN
SUPPORT OF MOTION FOR
PREJUDGMENT ATTACHMENT
AND DISCLOSURE OF
PETITIONERS' ASSETS

Based on the (i) the declaration of Mike Stenglein, sworn to as of September 25, 2023, and the exhibits attached thereto; (ii) the declaration of Sebastiaan van den Berg, dated September 25, 2023; (iii) the declaration of Patrick Schumann, dated September 25, 2023, and the exhibit attached thereto; (iv) Respondent's Memorandum of Law in Support of Motion by Order to Show Cause for (1) Prejudgment Attachment and (2) Disclosure of Petitioners' Assets, dated September 25, 2023; and (v) all other pleadings and proceedings herein; it is

ORDERED that Petitioners Chicago Bridge & Iron N.V. and CB&I UK Limited (“Petitioners”) shall SHOW CAUSE before this Court, at Courtroom 12C, United States Courthouse, 500 Pearl Street, New York, New York, on the 11th day of October, 2023, at 4:00 p.m. of that day or as soon thereafter as counsel can be heard, why an order should not be issued and entered herein attaching all property of Petitioners in the United States (except for real property located outside New York State) to secure and satisfy the final award of

[Page 2]

USD $937,495,061 rendered in favor of Respondent, Refinería de Cartagena S.A.S., f/k/a Refinería de Cartagena S.A. (“Respondent”); and it is further

ORDERED, that service of a copy of this Order to Show Cause, together with all of the supporting papers upon which it is based, shall be served on Petitioners through the Court’s electronic case filing system (“ECF”) on or before the 28th day of September, 2023, and it is further

ORDERED, that Petitioners’ answering papers, if any, shall be served upon Respondent through ECF on or before the 4th day of October, 2023; and it is further

ORDERED that Respondent’s reply in further support of its motion, if any, shall be served upon Petitioners through ECF on or before the 6th day of October, 2023.

Dated: September 26, 2023

Signature

Hon. Gregory H. Woods