Nextera v Spain - United States District Court for the District of Columbia Civil Action No 2019-1618 - Memorandum and Opinion by Judge Tanya S Chutkan - 15 February 2023
For these reasons, the court will DENY Spain's Motion to Dismiss, ECF No. 62; DENY Spain's Motion to Strike, ECF No. 71; DENY NextEra's Motion for Leave to File, ECF No. 75; and GRANT in part NextEra's Motion for Preliminary Injunction and Temporary Restraining Order, ECF No. 78. Accordingly, the court will ENJOIN Spain:
(1) from seeking an interlocutory decree or any other relief in the Dutch Action or in other Dutch proceedings requiring NextEra to suspend, hold in abeyance, or withdraw any proceedings before this Court, or that otherwise interferes with, obstructs, or delays resolution of NextEra's Petition to Confirm the Award;
(2) from pursuing any other foreign litigation that interferes with, obstructs, or delays resolution of NextEra's Petition to Confirm the Award; and
(3) to withdraw its requests for relief in the Dutch Action requiring NextEra to suspend, hold in abeyance or withdraw proceedings before this Court, including without limitation, at pages 31-33 of the Dutch Writ, Claims (A) through (D) and (L) through (P).
A corresponding order will accompany this Memorandum Opinion.