12.07.2015 Views

dismissed their claims and their requests for injunctive relief

dismissed their claims and their requests for injunctive relief

dismissed their claims and their requests for injunctive relief

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

Case 1:04-cv-08825-JFK-HBP Document 118 Filed 06/26/12 Page 4 of 56question,” id. at 67, 70, the Second Circuit vacated <strong>and</strong>rem<strong>and</strong>ed both decisions. The Court of Appeals found thatPlaintiffs had not received adequate notice that Defendants’motion to dismiss the non-veil-piercing <strong>claims</strong> would beconverted to one <strong>for</strong> summary judgment. Id. at 66-70.Additionally, “because the court’s dismissal of the veilpiercingclaim relies, in part, on its dismissal of the nonveil-piercing<strong>claims</strong>,” the Court of Appeals vacated both theSahu I <strong>and</strong> Sahu II judgments in <strong>their</strong> entirety. Id. at 70. Thecase was rem<strong>and</strong>ed to the district court “<strong>for</strong> what would appearto be relatively limited further proceedings in connection withconsideration of summary judgment.” Id.Despite the Second Circuit’s guidance as to “limited”further proceedings, Plaintiffs embarked on a discoveryexpedition worthy of Vasco da Gama. See Sahu v. Union CarbideCorp., 262 F.R.D. 308, 312 (S.D.N.Y. 2009) (granting in partPlaintiffs’ “63 <strong>requests</strong> <strong>for</strong> the production of documents fromDefendants; 18 <strong>requests</strong> <strong>for</strong> the production of documents fromthird party Arthur D. Little, a consulting firm that assisted inthe environmental rehabilitation of the Bhopal site; a Rule30(b)(6) deposition of Defendant UCC; depositions of several ofDefendant UCC’s <strong>for</strong>mer officers; <strong>and</strong> 86 <strong>requests</strong> <strong>for</strong>admission”); Sahu v. Union Carbide Corp., No. 04 Civ. 8825, 2010WL 909074 (S.D.N.Y. Mar. 15, 2010) (denying cross motions <strong>for</strong>4

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!