Motion

Procedural Context

The attachment originally decreed under <doc id="pty-31638-12-2012-12-12-a" /> encumbered both bank funds in Panama and Lisa's shares in Guatemalan companies. It was the now-final <doc id="pty-31638-12-2022-04-12-a" />, approving the parties' extrajudicial settlement, that ordered the lifting of all precautionary measures. By January 2025, the Court had already issued official notices to Panamanian banks communicating that lifting, including <doc id="pty-31638-12-2025-01-03-c" />. Notifying Guatemala, however, required a letter rogatory as an instrument of international judicial cooperation, a procedure both parties requested in this coordinated filing.

Practical effect: The joint nature of the motion, signed by both Lcdo. Carlos De Icaza Muñoz (counsel for BDT) and Lcda. María Luisa Villarreal Palacios (counsel for Lisa), confirms that no dispute exists between the parties regarding the lifting. The need for this step demonstrates that, despite the definitive resolution of the attachment, Lisa's shares in Guatemala remained formally encumbered in Guatemalan registries due to the absence of international judicial communication.

Relief Sought

• That the Court prepare and transmit a letter rogatory to the competent authorities of the Republic of Guatemala communicating the lifting of the attachment over Lisa, S.A.'s shares in various Guatemalan companies, pursuant to <doc id="pty-31638-12-2022-04-12-a" />.

Signatories

• Carlos Enrique De Icaza Muñoz, Lcdo., Counsel for BDT Investments Inc. (plaintiff)
• María Luisa Villarreal Palacios, Lcda., Counsel for Lisa, S.A. (defendant)