A New York federal judge won't allow a group of companies to take over two multimillion-dollar Napa Valley, California, properties in their bid to enforce a more than $300 million arbitral award in their dispute with fellow shareholders of a Latin American telecommunications company.

In his order filed on Nov. 13, U.S. District Judge Lewis A. Kaplan determined Calistoga Vintner Services LLC and Knights Valley California LLC, two companies that respectively own $50 million and $65 million Napa Valley properties, are not owned by Jorge Hernandez, a respondent to the arbitral award petition filed by Telecom Business Solution LLC, LATAM Towers LLC and AMLQ Holdings (Cay) Ltd.

Judge Kaplan acknowledged there was some evidence from 2024 showing Hernandez was the manager or member of those two companies, yet pointed to other evidence including 2025 statements of information that do not list Hernandez as such.

"The evidence supplied by petitioners — the 2024 statements of interest and the 2022 equipment finance agreement — indicate that Jorge Hernandez was a member of the LLCs at one time, but they do not demonstrate that he retains any membership interest," Judge Kaplan ruled. "The court therefore concludes, for the purposes of this motion, that the LLCs are not in Jorge Hernandez's possession."

The judge also said the petitioning companies now have to start legal proceedings against the parties that own the companies connected to the Napa Valley properties so that the petitioners can get a turnover order.

In their motion against Hernandez, the petitioners had also asked the judge to issue a discovery order against him, as an alternative. In his order, Judge Kaplan said the court has already told Hernandez to comply with discovery and that the petitioners can send a subpoena to Hernandez.

As for the petitioners' bid for a restraining order that would prevent Hernandez from taking actions such as transferring his assets, Judge Kaplan ruled that a restraining order would be unnecessary because the petitioners have already sent a restraining notice to Hernandez.

"The court does emphasize, however, that disobedience of a restraining notice 'is punishable as a contempt of court,'" the judge said. "Any such disobedience by Hernandez may give rise to severe penalties."

According to Judge Kaplan, the petitioners have sued Hernandez, his daughter and other parties in California state court to stop them from fraudulently transferring assets.

In March 2022, the petitioners initiated the present case in order to get their partial final arbitral award confirmed by the court. According to their petition, respondents Terra Towers Corp. and TBS Management SA were not meeting their obligations under an October 2015 shareholder agreement for the telecommunications company.

In April 2022, the telecommunications company was identified by the respondents as Continental Towers LATAM Holdings Ltd.

The most recent development in the case involved Judge Kaplan hitting cross-claimant and construction company DT Holdings Inc. with a Nov. 6 contempt order for not providing requested documents.

The case also includes miscellaneous parties Telecom Business Solution SRL, Continental Towers Peru SRL, Collocation Technologies Peru SRL, Magali M. Ascarrunz and Jorge A. G. Perez.

On Friday, Terra Towers, DT Holdings and TBS Management slammed a related final arbitral award that was handed down on Monday. According to the companies, the arbitration case was "marked by irregularities and controversies."

"On Nov. 11, 2025, the arbitration tribunal issued its final award and ended the proceedings after what the company characterizes as an irregular process," the companies said.

"The tribunal declined to award further damages and terminated the procedure minutes after the [tribunal] chair had published an unsubstantiated post attacking the respondent parties in his personal blog, thereby insulating itself from being challenged on bias," they added.

Terra Towers stated that it will file counterclaims in the arbitration case.

On Friday, the petitioners' counsel Michael N. Ungar told Law360 that they were still "pleased" with the ruling.

"Although he declined to order the turnover of certain assets, we were pleased that Judge Kaplan found the Hernandez declarations to be 'significantly undermined' by the evidence suggesting that Mr. Hernandez was a member of [two] LLCs now attempting to sell property in California for approximately $115 million," Ungar said. "While a considerable sum, that doesn't even come close to the [more than] $300 million that he now owes my clients in this case, as determined unanimously by [three] independent arbitrators and by Judge Kaplan, who confirmed the unanimous arbitration award against him."

Counsel for the respondents and miscellaneous parties in the New York federal court case did not immediately respond to requests for comment.

Telecom Business Solution LLC is represented by David A. Landman, Michael N. Ungar, Katherine M. Poldneff and Ashtyn N. Saltz of UB Greensfelder LLP and Gregg L. Weiner of Ropes & Gray LLP.

LATAM Towers is represented by David A. Landman, Michael N. Ungar and Katherine M. Poldneff of UB Greensfelder LLP and Gregg L. Weiner of Ropes & Gray LLP.

AMLQ Holdings is represented by Gregg L. Weiner, Andrew S. Todres, Ethan R. Fitzgerald and Daniel V. Ward of Ropes & Gray LLP and Michael N. Ungar of UB Greensfelder LLP.

Terra Towers and TBS Management are represented by Rodney Q. Smith II of GST LLP, Eduardo J. De la Peña Bernal of Shutts & Bowen LLP, John A. Basinger of Saul Ewing LLP, Lucila I.M. Hemmingsen of Sagiance LLP and Luke T. Jacobs of Weil Law Firm PA.

Hernandez is represented by Rodney Quinn Smith II of GST LLP.

DT Holdings is represented by Rodney Quinn Smith II of GST LLP and Lucila I.M. Hemmingsen of Sagiance LLP.

Telecom Business Solution SRL is represented by Aliette Rodz and Eduardo J. De la Peña Bernal of Shutts & Bowen LLP and Erik Bakke and James S. O'Brien Jr. of Pryor Cashman LLP.

Continental Towers Peru, Collocation Technologies Peru, Ascarrunz and Perez are represented by Eduardo J. De la Peña Bernal of Shutts & Bowen LLP.

The case is Telecom Business Solution LLC et al. v. Terra Towers Corp. et al., case number 1:22-cv-01761, in the U.S. District Court for the Southern District of New York.