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Arbitration | District Of Columbia
Order on Motion to Substitute Party
MINUTE ORDER: Petitioners' 156 Motion to Substitute Party is GRANTED. Federal Rule of Civil Procedure 25(c) provides that "[i]f an interest is transferred, the action may be continued by or against the original party unless the court, on motion, orders the transferee to be substituted in the action or joined with the original party." The primary question is "whether substitution would 'facilitate the conduct of the litigation.'" Paleteria La Michoacana, Inc. v. Productos Lacteos Tocumbo S.A. De C.V., 247 F. Supp. 3d 76, 86 (D.D.C. 2017) (quoting Comm'ns Imp. Exp., S.A. v. Republic of Congo, 118 F. Supp. 3d 220, 231 (D.D.C. 2015)). Here, Novenergia has "irrevocably and unconditionally assign[ed]" all of the "rights, interests and benefits" associated with the arbitral award it seeks to enforce in this action to Foresight Fund. See Mot. to Substitute at 2, ECF No. 156. Therefore, permitting Foresight Fund, which is already a party in these consolidated proceedings, see ECF No. 57, to solely prosecute this action would promote the "convenience and economy" at the heart of the Rule 25(c) inquiry, Comm'ns Imp. Exp., 118 F. Supp. 3d at 231. Indeed, Respondent consents to the substitution, even though it does not stipulate to the validity of the assignment or the enforceability of the assigned rights. See Mot. to Substitute at 1-2. Accordingly, the court SUBSTITUTES Foresight Fund for Novenergia II - Energy & Environment (SCA). Signed by Judge Tanya S. Chutkan on 8/24/2026. (lcmk)
Order on Motion for Leave to File
MINUTE ORDER: Petitioners' 152 Motion for Leave to File Surreply is DENIED. "Surreplies are generally disfavored, and the determination of whether to grant or deny leave is entrusted to the sound discretion of the district court." Crummey v. Soc. Sec. Admin., 794 F. Supp. 2d 46, 62 (D.D.C. 2011) (internal citations omitted). Courts generally grant such motions only when "the party making the motion would be unable to contest matters presented to the court for the first time in the opposing party's reply." Lewis v. Rumsfeld, 154 F. Supp. 2d 56, 61 (D.D.C. 2001). Petitioners believe they are entitled to answer Respondent's observation, in its reply brief, that Petitioners waived any jurisdictional-stage objections to the argument that the Svea Court Judgments are entitled to recognition under Hilton v. Guyot, 159 U.S. 113 (1895). See ECF No. 152 at 1; ECF No. 153 at 1. But Petitioners had ample opportunity to address the recognition argument in their opposition brief. And Respondent's merely pointing out that Petitioners failed to do so did "not expand the scope of the issues presented" before this court. Crummey, 794 F. Supp. 2d at 63. Thus, Petitioners have not shown any good cause that merits permission to file a surreply addressing the waiver argument. And their reliance on an unpublished opinion from the Eastern District of Louisiana is misplaced because that case concerned the failure to respond to an entire motion to strike, not any particular argument contained within. See Ortiguerra v. Grand Isle Shipyard, LLC, No. 22-309, 2023 WL 346089, at *2 (E.D. La. Jan. 20, 2023). Accordingly, the motion is DENIED. Signed by Judge Tanya S. Chutkan on 8/24/2026. (lcmk)
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