Sonera Holding v. Çukurova Holding
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
District Judge Denise Cote
The court's Sept. 21, 2012, judgment memorialized its Sept. 10 order confirming Sonera Holding's $932 million arbitral award against Turkish firm Çukurova Holding. Rather than seeking reconsideration, Çukurova appealed from the order and judgment. Sonera served an information subpoena seeking discovery documents on Çukurova's counsel in New York. In addition to denying confirmation of Sonera's restraining notice on Çukurova's counsel in New York, the court denied Çukurova's motion to vacate judgment under Federal Rule of Civil Procedure 60(b)(4) for lack of personal jurisdiction. Discussing the Second Circuit's ruling in City of New York v. Mickalis Pawn Shopwhich controlled the outcome of Çukurova's vacatur motionthe court noted that Çukurova had not sought circuit permission for Rule 60(b) vacatur following appeal. Moreover, having strategically chosen to litigate the personal jurisdiction issue, and receiving a decision with which it disagreed, Çukurova could not employ Rule 60(b)(4) to "short-circuit the normal litigation process" and avoid compliance with procedures for reconsideration and appeal specified by statute, the Federal Rules of Civil and Appellate Procedure, and the Souther District's Local Civil Rules.