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TJGEM LLC v. Republic of Ghana

United States District Court, D. Columbia.

December 31, 2013

TJGEM LLC, Plaintiff,
v.
REPUBLIC OF GHANA, et al., Defendants

Page 2

For TJGEM LLC, Plaintiff: Michael Lasley, LASLEY & ASSOCIATES, Washington, DC.

For REPUBLIC OF GHANA, ALFRED O VANDERPUIJE, KWABENA DUFOUR, ACCRA METROPOLITAN ASSEMBLY, Defendants: Creighton R. Magid, LEAD ATTORNEY, DORSEY & WHITNEY LLP, Washington, DC; Juan C. Basombrio, LEAD ATTORNEY, PRO HAC VICE, DORSEY & WHITNEY LLP, Costa Mesa, CA.

For CONTI UNTERNATIONAL, LLC, Defendant: Harvey A. Levin, LEAD ATTORNEY, THOMPSON COBURN, LLP, Washington, DC; Steven D. Hedges, LEAD ATTORNEY, PRO HAC VICE, CONTI INTERNATIONAL, LLC, Edison, NJ.

For KWAME BUILDING GROUP, INC., CRAIG LUCAS, ANTHONY THOMPSON, Defendants: David P. Niemeier, Richard E. Greenberg, LEAD ATTORNEYS, GREENSFELDER, HEMKER & GALE, P.C., St. Louis, MO; Robert J. Cynkar, Great Falls, VA.

For GIDEON ADJETEY, JONATHAN ADJETEY, Defendants: Ronan J. McHugh, LEAD ATTORNEY, BAILEY LAW, P.C., Washington, DC.

For CONTI GROUP, agent of CONTI FEDERAL SERVICES, INC., agent of CONTI INTERNATIONAL GHANA LLC, agent of CONTI INTERNATIONAL LLC, agent of CONTI INTERNATIONAL II LLC, agent of CONTI GHANA INFRASTRUCTURE LTD, agent of CONTI GROUP- WEST AFRICA, Defendant: Harvey A. Levin, LEAD ATTORNEY, THOMPSON COBURN, LLP, Washington, DC.

For CONTI UNTERNATIONAL, LLC, Counter Claimant: Harvey A. Levin, LEAD ATTORNEY, THOMPSON COBURN, LLP, Washington, DC; Steven D. Hedges, LEAD ATTORNEY, PRO HAC VICE, CONTI INTERNATIONAL, LLC, Edison, NJ.

For TJGEM LLC, Counter Defendant: Michael Lasley, LASLEY & ASSOCIATES, Washington, DC.

For TJGEM LLC, Counter Claimant: Michael Lasley, LASLEY & ASSOCIATES, Washington, DC.

For CONTI GROUP, Counter Defendant: Harvey A. Levin, LEAD ATTORNEY, THOMPSON COBURN, LLP, Washington, DC.

For CONTI UNTERNATIONAL, LLC, Counter Defendant: Harvey A. Levin, LEAD ATTORNEY, THOMPSON COBURN, LLP, Washington, DC; Steven D. Hedges, LEAD ATTORNEY, CONTI INTERNATIONAL, LLC, Edison, NJ.

Page 3

MEMORANDUM OPINION

BERYL A. HOWELL, United States District Judge.

The plaintiff in this matter, TJGEM LLC, was not awarded an anticipated $595,000,000 no-bid contract to reconstruct the sewer system in Accra, the capital city of the Republic of Ghana (" Ghana" ). See Pl.'s First Am. Compl. (" FAC" ) ¶ 258. After the contract was awarded to a competing company, the plaintiff brought the instant suit against Ghana, the Accra Metropolitan Assembly (the " AMA" ), and two Ghanaian government officials, Kwabena Duffuor and Alfred O. Vanderpuije (collectively, the " Ghana Defendants" ); the firm tat obtained the contract, Conti Group (" Defendant Conti" ); the subcontractor for the sewer project, Kwame Building Group and two of its employees, Anthony T. Thompson and Craig Lucas (collectively, the " KBG Defendants" ); and three brothers, Gideon, Mark, and Jonathan Adjetey (collectively, the " Adjetey Defendants" ), who were founding members of TJGEM. [1] See FAC Part I.B ¶ ¶ 1-9.

Pending before the Court are eight motions related to three groups of defendants: the Defendant Conti's Motion to Dismiss (" Conti MTD" ), ECF No. 40 and the plaintiff's Motion to Strike Defendant Conti's Motion to Dismiss, ECF No. 42; the Ghana Defendants' Motion to Dismiss (" Ghana Defs.' MTD" ), ECF No. 51, and

Page 4

the plaintiff's Motion to Strike the Declarations filed with the Ghana Defs.' MTD, ECF No. 62; the plaintiff's Amended Motion to Stay, ECF No. 83; the KBG Defendants' Motion to Dismiss (" KBG Defs.' MTD" ), ECF No. 53, and Motion to Join the Other Defendants' Oppositions to the plaintiff's Motion for Stay, ECF No. 92; and the plaintiff's Motion for Sanctions Against Defendant Vanderpuije, his defense counsel, Creighton R. Magid and Juan C. Basombrio, and Dorsey & Whitney, Defendant Vanderpuije's defense counsel's law firm (" Pl.'s Sanctions Mot." ), ECF No. 89. As explained below, the Court grants the Ghana Defendants' Motion to Dismiss, denies the plaintiff's Motion to Strike the Ghana Defendants' declarations and, ...


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