You're reading: New York court postpones consideration of Tymoshenko’s lawsuit

The United States District Court for the Southern District of New York has postponed its consideration of a lawsuit filed by former Ukrainian Prime Minister and Batkivschyna Party leader Yulia Tymoshenko against Swiss-registered gas trader RosUkrEnergo (RUE) and its co-owner Dmytro Firtash until September 9, Radio Liberty reported on Friday, referring to the office of Judge Richard Sullivan.

The consideration of the lawsuit was scheduled for 1145 local time on Friday, July 22.

As reported, the United States District Court for the Southern District of New York earlier sent a summons to Firtash urging him to respond to allegations stated in a lawsuit filed against him by Tymoshenko. According to a copy of the summons available to the agency, it is dated April 26.

In line with the document, Firtash should provide an answer to the plaintiff – Tymoshenko and her representative McCallion & Associates LLP – as well as to court within 21 days of the serving of the summons.

According to the complaint, the plaintiffs in this lawsuit are Yulia Tymoshenko and other former executives of Ukraine, who wished to remain anonymous because of the pressure from the authorities and the likelihood of intimidation and persecution.

The defendants in the lawsuit are Firtash, the gas trader RosUkrEnergo, and other unnamed or as yet unknown individuals and companies that helped the defendants.

Tymoshenko said that Naftogaz Ukraine by agreement with Russian gas company Gazprom lawfully received 11 billion cubic meters of natural gas, which earlier belonged to RosUkrEnergo. According to her, after the victory of Viktor Yanukovych in the presidential elections in early 2010, Naftogaz reversed its position in the arbitration proceedings initiated by RosUkrEnergo in Stockholm court.

At the same time the ex-premier noted that associate s of Firtash were appointed to positions in the government, in particular Yuriy Boiko was appointed minister of energy and the coal industry, Serhiy Liovochkin headed the presidential administration and Valeriy Khoroshkovsky became chief of the Security Service of Ukraine.

Tymoshenko argues that the change of power and the cancelation of the constitutional reform of 2004 led to the curtailing of the independence of Ukrainian courts, which as a result confirmed the ruling of the Stockholm Arbitration Tribunal demanding Naftogaz Ukrainy return 12.1 billion cubic meters of natural gas worth $3.5 billion to RosUkrEnergo.

The plaintiff, among other things, pointed to the institution of criminal proceedings against the relatives of the head of the Supreme Court of Ukraine Vasyl Onopenko.

The ex-premier also argues that Firtash used the funds obtained to purchase at least three nitrogen fertilizer producing companies in Ukraine, thus building a future monopoly, which creates good grounds for buying farmland, and spent $600 million to gain the option of purchasing Inter media holding from Khoroshkovsky.

The complaint is dated April 26, and Tymoshenko signed it on April 12.

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