By Matthew Russell Lee
SDNY COURTHOUSE, March 24 – 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 notable 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.
Jump cut to March 24, 2022 when Sater had filed motions to extend discovery and to join Arcanum and the Republic of Kazakhstan. Judge Parker convened the parties in her 17th floor courtroom and Inner City Press was there.
Sater's lawyer said his client had initially thought this was just a garden variety commercial case.
Judge Parker said, But it's about money laundering. Is that garden variety commercial?
Sater's lawyer emphasized that Arcanum was hired to find dirt, and that should not be covered by sovereign immunity. It emerged Sater has filed discovery requests about Robert Mueller.
Almaty, Kazakhstan through Boies Flexner said Sater had been on notice and it is too late. Judge Parker has taken the motions under advisement.
Note that the case's District Judge had been Alison J. Nathan, now confirmed for the Second Circuit. So, assuming she lets the case go which is likely despite Judge Sullivan's example, which new District Judge will get it? Watch this site.
Back on October 7, 2020 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 Parker 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.
Now on April 29, 2021, Judge Parker held another proceeding, and Inner City Press again covered it. The parties said that Sater has not been deposed. The docket has a letter from him contesting everything, and arguing that Almaty's April 8 letter "should not be considered by the Court." Watch this site.
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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