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Other Statutes: Arbitration | New York Southern
Memo Endorsement
MEMO ENDORSEMENT on re: 587 MOTION for Attorney Fees and Costs. filed by AMLQ Holdings (Cay), Ltd. Latam Towers, LLC, Telecom Business Solution, LLC. ENDORSEMENT: Petitioners' motion for attorneys fees and costs is granted based on the Court's inherent authority to order such relief. The granting of this sanction requires clear evidence that"(1) the challenged claim was without a colorable basis and (2) the claim was brought in bad faith, i.e., motivated by improper purposes such as harassment or delay." In this case, the record more than supports - and this Court finds by clear and convincing evidence - that the offending stay motion had no colorable basis in law and was filed in bad faith. Its purpose was to obtain yet further delay and, for reasons already stated by petitioners and in the Court's decision on the motion for a stay, respondents acted in bad faith and with awareness of the lack of even colorable merit to their application. Accordingly, petitioners' motion to impose sanctions on respondents by requiring them to pay the reasonable attorneys' fees and costs - including the travel costs incurred by counsel for Peppertree and Peppertree's declarant in attending the May 12, 2026 hearing- arising from respondents' May 8, 2026 motion for a stay pending appeal (Dkt 587) is GRANTED.3 Petitioners shall move within fourteen days from the date of this order to fix the amount of the sanctions. As respondents' counsel, Mr. Smith and Ms. Hemmingsen, were not notified specifically that sanctions might be imposed against them personally, the Court now hereby does. They and their respective law firms, GST LLP and Sagiance LLP, each shall show cause, no later than fourteen days after the date hereof, why sanctions should not be imposed against them pursuant to Federal Rule of Civil Procedure 11(c)(3) and/or the inherent power of the Court for the same conduct identified in petitioners' papers in support of sanctions against the respondents. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 7/13/2026) (ar)
Notice of Filing Transcript
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 5/12/26 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti)
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