STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, that: 1. The Tolling Period shall be extended for the Plaintiffs listed on Schedule B until the earlier of December 12, 2015 or the date upon which either: (a) The Plaintiffs have applied for an order pursuant to paragraph 5 of the Turnover Order and the funds in the QSF Account have been transferred to the control of Plaintiffs; or (b) The transfer described in paragraph 7 of the Turnover Order has occurred. 2. Counsel for plaintiffs shall continue to use their best efforts to obtain executed Ratification Agreements from all Plaintiffs, including Probate Plaintiffs, who have not yet executed such agreements, and to deliver such executed Ratification Agreements to Clearstream in a timely manner. (Signed by Judge Katherine B. Forrest on 6/15/2015) (lmb) (Entered: 06/15/2015)
LETTER addressed to Judge Katherine B. Forrest from Liviu Vogel dated 06/12/2015 re: Tolling Agreement Between Plaintiffs and Clearstream. Document filed by Deborah D. Peterson. (Attachments: # 1 Text of Proposed Order Stipulation and Order, # 2 Exhibit Schedule A - Plaintiffs Who Have Executed Ratification Agreements, # 3 Exhibit Schedule B - Plaintiffs Who Have Not Executed Ratification Agreements)(Vogel, Liviu) (Entered: 06/12/2015)
LETTER addressed to Judge Katherine B. Forrest from Liviu Vogel dated 5/13/2015 re: response to court order of May 7, 2015 re open issues before case termination. Document filed by Deborah D. Peterson.(Vogel, Liviu) (Entered: 05/13/2015)
LETTER addressed to Judge Katherine B. Forrest from Andreas A. Frischknecht dated 5/11/2015 re: Resonse to Judge Forrest's 5/7/2015 Order. Document filed by Bank Markazi, the Central Bank of Iran.(Lindsey, David) (Entered: 05/11/2015)
ORDER: Not later than May 13, 2015, the parties shall inform the Court of any outstanding issues that need to be resolved before this action is terminated. (Signed by Judge Katherine B. Forrest on 5/7/2015) (lmb) (Entered: 05/07/2015)
NOTICE OF INTERLOCUTORY APPEAL from 586 Order on Motion to Intervene,. Document filed by Mark Boyd, John Kees, John Relvas. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (McNamara, Douglas) (Entered: 04/28/2015)
MANDATE of USCA (Certified Copy) as to 514 Notice of Interlocutory Appeal, filed by Bank Markazi, the Central Bank of Iran USCA Case Number 13-3952....that the appeal is hereby WITHDRAWN pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 04/27/2015. (nd) (Entered: 04/28/2015)
MEMORANDUM DECISION & ORDER denying 573 Motion to Intervene. For these reasons, the motion to intervene is DENIED. The Clerk of Court is directed to terminate the motion at ECF No. 1295 (08-cv-10934) and 573 (10-cv- 4518). (Signed by Judge Katherine B. Forrest on 4/17/2015) (lmb) (Entered: 04/17/2015)
REPLY MEMORANDUM OF LAW in Support re: 573 MOTION to Intervene . . Document filed by Mark Boyd, John Kees, John Relvas. (Attachments: # 1 Exhibit Declaration of McKenzie -Peterson, # 2 Exhibit Worley v. Islamic Republic of Iran)(McNamara, Douglas) (Entered: 04/03/2015)
DECLARATION of Steven R. Perles in Opposition re: 573 MOTION to Intervene .. Document filed by Deborah D. Peterson. (Attachments: # 1 Exhibit A - counsel solicitation letter)(Vogel, Liviu) (Entered: 03/27/2015)
DECLARATION of Liviu Vogel in Opposition re: 573 MOTION to Intervene .. Document filed by Deborah D. Peterson. (Attachments: # 1 Exhibit Exhibit 1 - schedule of plaintiffs' underlying cases)(Vogel, Liviu) (Entered: 03/27/2015)
MEMORANDUM OF LAW in Opposition re: 573 MOTION to Intervene . . Document filed by Deborah D. Peterson(Personal Representative of the Estate of James C. Knipple (Dec.)). (Vogel, Liviu) (Entered: 03/27/2015)
MANDATE of USCA (Certified Copy). USCA Case Number 13-4003. Petitioner moves to withdraw its mandamus petition with prejudice. IT IS HEREBY ORDERED that the motion is GRANTED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 03/24/2015. (nd) (Entered: 03/24/2015)
NOTICE OF DISMISSAL BY THE MURPHY JUDGMENT CREDITORS: Please take notice that the Murphy Judgment Creditors (Elizabeth Murphy, Armando Ybarra, Estate of Terrance Rich, John L'Heureux, Kerry L'Heureux, Jane L'Heureux, Mary Wells, and Bryan Harris), by their counsel undersigned, hereby dismiss, without prejudice, any claims they may have remaining in this action against the defendants Bank Markazi (a/k/a the Central Bank of Iran) and Islamic Republic of Iran, that were not adjudicated by this Court's partial final judgment entered on July 9, 2013 [ECF 462], pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i). So ordered. (Signed by Judge Katherine B. Forrest on 3/23/2015) (ajs) (Entered: 03/23/2015)
NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41(a)(1)(A)(i): Pursuant to F.R.C.P. 4l(a)(l)(A)(i) of the Federal Rules of Civil Procedure, the Peterson, Greenbaum, Acosta, Beer and Kirschenbaum Plaintiffs, by their counsel, hereby give notice that the claims remaining in this action that were not adjudicated by this Court's partial final judgment entered on July 9, 2013 (ECF 462), are hereby voluntarily dismissed, without prejudice against the defendants Bank Markazi a/k/a the Central Bank of Iran and Islamic Republic of Iran. So ordered. (Signed by Judge Katherine B. Forrest on 3/23/2015) (ajs) (Entered: 03/23/2015)
LETTER addressed to Judge Katherine B. Forrest from Douglas J. McNamara dated March 19, 2015 re: Relvas Motion to Intervene. Document filed by Mark Boyd, John Kees, John Relvas.(McNamara, Douglas) (Entered: 03/19/2015)
LETTER addressed to Judge Katherine B. Forrest from Suzelle M. Smith dated March 17, 2015 re: Peterson v. Islamic Republic of Iran, et al., 10 Civ. 4518 (KBF). Document filed by Jeremy Levin, Lucille Levin.(Smith, Suzelle) (Entered: 03/17/2015)
FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, Without prejudice against the defendant(s) Bank Markazi. Document filed by All Plaintiffs. (Vogel, Liviu) Modified on 3/16/2015 (km). (Entered: 03/13/2015)
MEMORANDUM OF LAW in Support re: 573 MOTION to Intervene . . Document filed by Mark Boyd, John Kees, John Relvas. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(McNamara, Douglas) (Entered: 03/11/2015)
MOTION to Intervene . Document filed by John Kees, Mark Boyd, John Relvas. (Attachments: # 1 Text of Proposed Order)(McNamara, Douglas) (Entered: 03/11/2015)
TRUE COPY ORDER of USCA as to 514 Notice of Interlocutory Appeal, filed by Bank Markazi, the Central Bank of Iran USCA Case Number 13-3952. The above-captioned appeals are considered in tandem for purposes of this order.By orders entered January 6, 2014, see 2d Cir. 13-3952, doc. 63, and March 10, 2014, see 2d Cir. 13-4003, doc. 60, the Court stayed all proceedings in S.D.N.Y. 10-cv-4518 and 2d Cir. 13-3952, for the duration of the settlement discussions. The parties were ordered to provide status updates to this Court on a monthly basis, but notified that the Court may lift the stay with notice to the parties at any time. The proceedings have now been stayed for more than a year, with no settlement. Upon due consideration, it is hereby ORDERED that the parties show cause, within 30 days of this order, why the stay of proceedings should not be lifted. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 2/11/2015. (tp) (Entered: 02/13/2015)
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, that: 1. The Tolling Period shall be extended for the Plaintiffs listed on Schedule B until the earlier of June 12, 2015 or the date upon which either: (a) The Plaintiffs have applied for an order pursuant to paragraph 5 of the Turnover Order and the funds in the QSF Account have been transferred to the control of Plaintiffs; or (b) The transfer described in paragraph 7 of the Turnover Order has occurred. 2. Counsel for plaintiffs shall continue to use their best efforts to obtain executed Ratification Agreements from all Plaintiffs, including Probate Plaintiffs, who have not yet executed such agreements, and to deliver such executed Ratification Agreements to Clearstream in a timely manner. (Signed by Judge Katherine B. Forrest on 12/15/2014) (lmb) (Entered: 12/15/2014)
LETTER addressed to Judge Katherine B. Forrest from Liviu Vogel dated 12/11/2014 re: Stipulation Tolling Statue of Limitations. Document filed by Deborah D. Peterson. (Attachments: # 1 Exhibit Stipulation and Order, # 2 Exhibit Schedule A to Stipulation, # 3 Exhibit Schedule B to Stipulation)(Vogel, Liviu) (Entered: 12/12/2014)
MEMO ENDORSEMENT granting 566 Motion to Withdraw as Attorney. ENDORSEMENT: So ordered. Attorney Nicole Erb and Frank Panopoulos terminated. (Signed by Judge Katherine B. Forrest on 12/4/2014) (lmb) (Entered: 12/04/2014)
MOTION for Frank Panopoulos and Nicole E. Erb to Withdraw as Attorney . Document filed by Clearstream Banking, S.A..(Panopoulos, Frank) (Entered: 12/03/2014)
ENDORSED LETTER addressed to Judge Katherine B. Forrest from Liviu Vogel dated 9/24/2014 re: In connection with Clearstream's Motion to Dismiss the Amended Complaint (Dkt. No. 97), the Court should be aware that the Settlement Agreement between the plaintiffs and Clearstream filed in the related case (Peterson v. Iran; Case No. 10 CIV 4518, Dkt. No. 490-1 ), does not bind all of the plaintiffs in the within action. ENDORSEMENT: Clearstream to respond to this letter not later than C.O.B. 9/30/14. (Signed by Judge Katherine B. Forrest on 9/24/2014) (lmb) (Entered: 09/24/2014)
ENDORSED LETTER addressed to Judge Katherine B. Forrest from Liviu Vogel dated 9/11/2014 re: We respectfully request that Your Honor inform the parties which, if any, of the above-mentioned motions will be heard on September 19, 2014. ENDORSEMENT: The Court believes oral argument on only Clearstream and UBAE's motions to dismiss (and for summary judgment for UBAE) are necessary. (Signed by Judge Katherine B. Forrest on 9/15/2014) (lmb) (Entered: 09/15/2014)
ENDORSED LETTER addressed to Judge Katherine B. Forrest from Karen E. Wagner dated 9/15/2014 re: We write in response to Plaintiffs' September 11, 2014 letter seeking guidance as to which of the pending motions Your Honor intends to hear oral argument on this Friday, September 19, 2014. ENDORSEMENT: We have two hours set aside. I would like to hear the Clearstream & JPM motions first -- the others only time permitting. (Signed by Judge Katherine B. Forrest on 9/15/2014) (lmb) (Entered: 09/15/2014)
ENDORSED LETTER addressed to Judge Katherine B. Forrest from Liviu Vogel dated 7/23/2014 re: Plaintiffs do not believe there is a valid basis for designating such documents as confidential and that the quoted text of such documents should be disclosed with the exception of account numbers and dollar amounts contained therein. ENDORSEMENT: Ordered: Defendants should submit a letter supporting any position(s) on confidentiality of redactions as referred to above, not later than Aug. 1, 2014. (Signed by Judge Katherine B. Forrest on 7/24/2014) (tn) (Entered: 07/24/2014)
ORDER granting (74 in case number 13cv9195) Letter Motion for Extension of Time: Application granted. (Signed by Judge Katherine B. Forrest on 7/3/2014) (tn) (Entered: 07/03/2014)
STIPULATION AND ORDER OF DISMISSAL WITH DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, that: 1. The Peterson Direct Claims are dismissed as against Clearstream with prejudice as to Plaintiff, who execute a Ratification Agreement and without prejudice as to any Plaintiff who does not execute a Ratification Agreement, with the parties bearing their own costs; and 2. Any applicable statute of limitations with respect to the Peterson Direct Claims shall be tolled for the period beginning on the date of the entry of this Order and ending one hundred and twenty (120) days thereafter (the "Tolling Period") with respect to any Plaintiff who does not execute a Ratification Agreement; provided, however, that nothing in this Order or the Settlement Agreement shall be construed to revive any claims that had already expired or become time-barred prior to the entry of this Order, or to preclude Clearstream from asserting any statute of limitations defense on the basis of the passage of any period of time prior to the entry of this Order or after the conclusion of the Tolling Period. (Signed by Judge Katherine B. Forrest on 11/8/2013) (mro) (Entered: 11/12/2013)
LETTER addressed to Judge Katherine B. Forrest from James L. Bernard dated November 11, 2013 re: Recent Developments And The Status Of This Action In Light Of Proceedings Which Took Place In The Second Circuit On Thursday, November 7. Document filed by Carlos Acosta, Maria Acosta, Anna Beer, Harry Beer, Estate of Irma Franklin, Estate of Judith Greenbaum, Estate of Meir Kahane, Tova Ettinger, Irving Franklin, Steven M. Greenbaum, Ethel J. Griffin, Alan Hayman, Shirlee Hayman, Baruch Kahane, Libby Kahane, Norman Kahane, Sonia Kahane, Ciporah Kaplan, David Kirschenbaum, Isabelle Kirschenbaum, Jason Kirschenbaum, Joshua Kirschenbaum.(Bernard, James) (Entered: 11/11/2013)
LETTER addressed to Judge Katherine B. Forrest from Liviu Vogel dated 11/08/2013 re: Dismissal against Clearstream. Document filed by Deborah D. Peterson. (Attachments: # 1 Text of Proposed Order Stipulation and Order of voluntary dismissal)(Vogel, Liviu) (Entered: 11/08/2013)
Attachment 1 Text of Proposed Order Stipulation and Order of voluntary dismissal
ORDER of USCA (Certified Copy) as to 383 Notice of Appeal, filed by Bank Markazi, the Central Bank of Iran USCA Case Number 13-2952(L),. The above-captioned appeals and petition are hereby CONSOLIDATED solely for purposes of this order. In case 13-4003, Bank Markazi has filed a petition for a writ of mandamus and prohibition and moves for expedited consideration of that petition. Respondents have submitted a letter "on behalf of all of the appellees" requesting that the Court stay, for a period of 30 days, the hearing of the mandamus petition and the proceedings before the district court. Bank Markazi has indicated that it consents to and joins in Respondents' request. Upon due consideration, it is therefore ORDERED that all district court proceedings, including schedules affecting discovery and motion practice, related in any way to Bank Markazi are STAYED for a period of30 days. This time period may be extended upon application and reasonable showing by any party that such an extension is necessary. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 11/07/2013. (nd) (Entered: 11/07/2013)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/11/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari) (Entered: 10/17/2013)
TRANSCRIPT of Proceedings re: CONFERENCE held on 10/11/2013 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/12/2013. Redacted Transcript Deadline set for 11/21/2013. Release of Transcript Restriction set for 1/18/2014.(Rodriguez, Somari) (Entered: 10/17/2013)
MEMO ENDORSEMENT on re: 515 Letter filed by Bank Markazi, the Central Bank of Iran. ENDORSEMENT: If you believe the Court is divested of jurisdiction there would be no need for the Court to vacate orders--such orders would be unenforceable. If you are correct, so be it. If you incorrect, the Orders stand. (Signed by Judge Katherine B. Forrest on 10/17/2013) (mro) (Entered: 10/17/2013)
517
Filed: 10/11/2013, Entered: None
SEALED DOCUMENT placed in vault.(nm) (Entered: 10/15/2013)
516
Filed: 10/11/2013, Entered: None
SEALED DOCUMENT placed in vault.(nm) Modified on 10/15/2013 (nm). (Entered: 10/15/2013)
LETTER addressed to Judge Katherine B. Forrest from Andreas A. Frischknecht dated October 15, 2013 re: Revised Scheduling Order. Document filed by Bank Markazi, the Central Bank of Iran.(Frischknecht, Andreas) (Entered: 10/15/2013)
NOTICE OF INTERLOCUTORY APPEAL from 508 Memorandum & Opinion,,. Document filed by Bank Markazi, the Central Bank of Iran. Filing fee $ 455.00, receipt number 0208-8971733. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Lindsey, David) (Entered: 10/15/2013)
REVISED SCHEDULING ORDER: The parties shall submit to the Court a letter including their Boolean search terms and a brief explanation as to why these terms capture the correct material for discovery purposes by the end of the day today, October 11, 2013. The close of fact discovery shall be as follows: Friday, October 18, 2013 as to Clearstream Banking, S.A. Monday, October 28, 2013 as to Banca UBAE SpA. Friday, November 15, 2013 as to Bank Markazi. The close of expert discovery shall be Friday, November 22, 2013. Any summary judgment motions shall be filed by Friday, December 20, 2014. Any oppositions to those motions shall be filed by Friday, January 24, 2014. Any replies shall be filed by Thursday, February 6, 2014. The parties shall appear for a status conference on Friday, February 7, 2014, at 11 a.m. Trial shall begin on Monday, March 10, 2014. ( Motions due by 12/20/2014. Responses due by 1/24/2014 Replies due by 2/6/2014. Fact Discovery due by 11/15/2013. Expert Discovery due by 11/22/2013. Status Conference set for 2/7/2014 at 11:00 AM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 10/11/2013) (mro) (Entered: 10/15/2013)
LETTER addressed to Judge Katherine B. Forrest from Liviu Vogel dated 10/11/2013 re: Electronic discovery from Clearstream. Document filed by Deborah D. Peterson.(Vogel, Liviu) (Entered: 10/11/2013)
AMENDED COMPLAINT amending 62 Amended Complaint against Banca UBAE SpA, Bank Markazi, the Central Bank of Iran, Citibank, N.A., Clearstream Banking, S.A., Islamic Republic of Iran with JURY DEMAND.Document filed by Deborah D. Peterson. Related document: 62 Amended Complaint filed by William J. Sommerhof, Belinda J. Quirante, Chester Dunnigan, Susan Ray, Riley Oliver, Estate of Ingrid M. Swinson, Louis J. Rotondo, Dennis Ray Schultz, Scipio Williams, Jr., Gregory Menkins, Eugene Cyzick, Keith Stephens, Alice Blocker, Stephen Eugene Spencer, Frank Scialabba, Rachel Caldera, Muriel Persky, Alice Gordon, Orval Hunt, Sharon Conley Petry, Janet Williams, Hilton Ferguson, John Oliver, Harold Ghumm, Samuel Scott Scialabba, Audrey Webb, Nancy Tingley Hurlburt, Robert Stokes, Mary Ann Hildreth, Estate of Mary A. Cook, Sean Gallagher, Timothy Baynard, Denise Belmer, James Langon, Susan Scott Jordan, Adele H. Chios, Estate of Edward Iacovino Sr., Faye Belmer, Joseph P. Jacobs, Michelle Perron, Catherine E. Grimsley, Arlington Ferguson, Kathy Nathan Stelpflug, Alicia Lynn Sanchez, Edmund Massa, Judith Carol Young, Anthony Baynard, Ollie Jones, Dennis P. Coulman, Brian Gallagher, Patricia Boccia, Warren Richardson, Jewelene Williamson, Leysnal Maitland, Joan Comes, Cynthia Lou Hunt, James Price, Mark Anthony Helms, Robyn Wigglesworth, Pablo Arroyo, Wendy Mitchell, Horace Renardo Stephens, Jr., David Nairn, Lucy Hudson, Maurice Edward Hukill, Christina Gorchinski, Megan Gerlach, James Baynard, Russell Tingley, Alie Mae Moore, John R. Blocker, Robert Allen Conley, Gussie Martin Williams, Dona Stockton, Dimitri Gangur, Patricia Thorstad Zosso, Mary Ruth Ervin, John R. Knipple, Suzanne Perron Garza, Joseph Boulos, Beverly Woolett, Michael Meurer, NaKeisha Lynn Sturghill, Sean Prindeville, Corene Martin Jones, Nada Jurist, Estate of Mary Blackenship, Margaret Angeloni, Stephen Jenkins, William P. Nairn, Billie Jean Bolinger, Craig Wyche, Scipio J. Williams, Denise Voyles, Gwenn Stokes-Graham, Connie Mack Page, Thomas S. Perron, Mary Ann Beck, Cristina Massa, Burnham Matthews, Debra Horner, Andrew Scott Jacobs, Anthony Bohannon, Cynthia D. Lake, Victoria Jacobus, Mary Joe Kirker, Estate of Norris Gordon, Robert Schnorf, Cheryl Cossaboom, Jon Christopher Scott, Mary E. Baumgartner, Grace Lewis, Brenda Haskill, Deborah Jean Perron, Brian Kirkpatrick, William A. Boyett, Jacklyn Seguerra, Myra Burley, Larry H. Simpson, Jr., Phyllis A. Cash, Ronald J. Olson, Kevin Gorchinski, Valerie McCall, Gary Randall Scott, Sandra D. Jones, Megan Grummer, Michael Giblin, Janet LaRiviere, Estate of John D. Knipple, David Cosner, Diane Whitner, Jesus Arroyo, James N. Conley, Jr., Thomas D. Young, Edward Iacovino, Jr., Bobbie Ann Smith, Michael LaRiviere, Richard Andrew Fluegel, Douglas Blocker, Charles F. Cook, Vanessa Richardson, Michael John Oliver, Paul Hlywiak, Ulysses Gregory Parker, Harold Lemnah, Laura M. Reininger, John Meurer, Florene Martin Carter, Richard LaRiviere, Samuel Maitland, Jr., Deborah Crawford, Johnny Bates, Truman Dale Garner, Victor Mark Prevatt, Melvina Stokes Wright, Linda Gordon, Mary Lou Meurer, Christine Devlin Cecca, Anne Deal, Barry Baynard, Kathleen S. Hedge, Wesley Williams, Timothy Vallone, Violet Garcia, Charles Dennis Cook, Kayley Oliver, Estate of Joseph R. Livingston, Laura Bates, Mary Stilpen, Donald Elberan Woollett, Amanda Crouch, Estate of Robert Young, Larry Gerlach, Danita Jacobs, Kerry Wheeler, Olympia Carletta, John McCall, Paul Woolett, Estate of Sigurd Olson, David Bohannon, Mary Ann Scott, Michael Caleb Sauls, Heather Macroglou, Anne Allman, Michael Callahan, James Gallagher, Jr., Joyce Julian, Charles Frye, Sonia Pearson, Angela Milano, Estate of Marva Lynn Cosner, Lisa Magnotti, Sean Devlin, Marvin S. Moore, Zandra LaRiviere Johnston, Tangie Hollifield, Rebecca Gintonio, Peter Milano, Jr., Estate of James Otis Moore, Donna Belmer, Johnny Williamson, Peter Hlywiak, Sr., Damion Briscoe, Sandra Rhodes Young, Ann Smith-Ward, Daniel Joseph Jacobs, Patricia Miller, Jerryl Shropshire, Bradley Campus, Estate of Jediah Ghumm, Kathyrn Thorstad Wallace, Estate of James Owens, Michael Dunningan, Mecot Camara, Jessica Watson, Pacita Martin, Brian Earle, Henry James Parker, Brenda June Wheeler, Stephen Russell, Sandra Wigglesworth, Glenn Dolphin, George Gangur, Debra Myers, Leticia Boddie, Kevin James Scott, Robert Blocker, Geraldine Paolozzi, Richard Gordon, Robert Lemnah, Janice Thorstad Edquist, Vancine Washington, Hildegard Ghumm, Freas H. Kreischer, Jr., Judy Gorchinski, Earl Lyon, John W. Young, Joseph Stelpflug, Michael D. Fulcher, Eric Glenn Washington, Kia Briscoe Jones, Danny R. Estes, Marie McMahon Russell, Deanna Owens, Tia Fox, Russell Cyzick, Doris Hester, Rodney J. Williams, Elizabeth Phillips Moy, Frank Comes, Sr., Barbara Thorstad, Franklin Ceasar, Raymond Boccia, Shirley L. Smith, Elizabeth Iacovino, Tammy Chapman, Nathaniel Walter Jenkins, James David Shipp, Christine Devlin, Elizabeth Ann Dunningan, Bruce Ceasar, Adam Keown, Christopher Comes, Maurice Shipp, Paul D. Lyon, Sr., Elisa Rock Camara, Linda Washington, Linda Sandback Fish, Laura E. Johnson, Angela Bohannon, John Norman Boyett, Glenn Wyche, Theresa Desjardins, Michael McMahon, Janice Shipp, Lydia Boulos, Victor Thornton Prevatt, Devon Sundar, Mark Wigglesworth, Estate of Thomas McCall, Francisco Lyon, Jay T. Meurer, Mark Paul Innocenzi, IV, Thomas Alan Shipp, Cynthia Perron Hurston, Michael Winter, Roger S. Olson, Campbell J. Nairn, Jr., Lee Hollan Prevatt, Helen M. Pearson, Clarence Richardson, Fay Lemnah, Jeffrey D. Young, Lori Fransler, James E. McDonough, Eileen Prindeville Ahlquist, Christine Brown, Bronzell Warren, Paul Prindeville, Estate of Kenneth J. Swinson, Theresa Catano, Kimberly F. Angus, Barbara Rockwell, Bryan Richard Shipp, Tiffany Giblin, John Thomas Meurer, Edna Bohannon, Danny Wheeler, Lisa H. Hudson, Ronald Williams, Jeffrey Wilbur James, Penny Meyer, John Arne Olson, David Massa, Edwin Johnston, Helen Montgomery, Richard Stockton, Blanche Corry, James Thorstad, Sr., Estate of Alex W. Nashton, Lavon Boyett, Leroy Ghumm, Mary Mason, Lilla Woollett Abbey, Ila Wallace, Estate of Claude Burley, Joseph Albert Owens, Paul D. Lyon, Jr., Angela Dawn Farthing, Randall Garcia, Mary McCall, Anna Beard, Deborah O'Connor, Donna Tingley Plickys, Roxanne Garcia, Kathleen Calabro, Keith Laise, Rosalie Milano Donahue, Jeffrey Nashton, Patrick S. Oliver, John Thorstad, Charles Estes, Raymond Dennis Shipp, Liberty Quirante Gregg, Pearl Olaniji, Estate of Bertha Olson, Clydia Shaver, Milton Quirante, Barbara Davis, Kathleen Devlin Mahoney, Arlene Ghumm, Roberta Li Conley, Stephen Thomas Zone, Estate of Nelson Stokes Sr., Richard D. Blankenship, Lynn Smith Derbyshire, Timothy R. McMahon, Jess W. Beamon, Estate of Richard G. LaRiviere, William Burley, Ruth Williams, Shirla Maitland, Patricia Lee Holberton, Carrie Bohannon, Mary Ellen Thompson, Estate of Barbara D. Prindeville, George McMahon, Darren Keown, Thomas C. Bates, Sr., Clarence Belmer, Michael Toma, Estate of Donald Stockton, Jonathan Wheeler, Patrick Comes, Diomedes J. Quirante, William J. Hudson, Susan Ciupaska, Lynette Richardson, Nancy LaRiviere, Thomas Paul Thorstad, Dawn Goff, Steven Owens, John M. LaRiviere, Mary Ann Johnston, Michael Prindeville, Ray Johnson, Ricki Bohannon, Joseph Hlywiak, Margaret Hlywiak, Christopher Todd Helms, Christy Williford Stelpflug, Tammi Ruark, Andrew Wheeler, Alue Belmer, Timothy Dunnigan, Shirley L. Knox, Deborah Green, Maria Lyon, Candace Campbell, Doreen Kreischer, Tammy Freshour, William Scott Sommerhof, DiAnne Margaret Allman, Elizabeth Adams, Estate of Johnney S. Moore, James Thorstad, Jr., Betty Ann Thurman, Donald Blankenship, Jr., Mary Ann Turek, Craig Stockton, Cecilia Stanley, Marie Crudale, Tanya Russell, Elizabeth A. Cook, Charlita Martin Covington, Keysha Tolliver, Susan L. Terlson, Jeffrey Joseph Boulos, Juliana Rudkowski, Darrin A. Wigglesworth, Estate of Godofredo Quirante, Karen L. Olson, Estate of Campbell J. Nairn, Sonia Cherry, Barbara Estes, William Stelpflug, Bernadette Jaccom, Earline Miller, Alvin Burton Belmer, Benjamin Wheeler, Pauline Shipp, Patricia Wright, Lyda Woollett Guz, Mary Moore, Timothy Mitchell, Nathaniel Dorsey, Steven LaRiviere, Cindy Holmes, Daniel Swinson, Barbara Wiseman, Elaine Capobianco, Donald Wayne Hildreth, Charles Johnston, Michael Kluck, Harold Cosner, Margie Bates, Ronald Lemnah, Donna Vallone Phelps, Nathalie C. Jenkins, Terrence Smith, Stephen Tingley, Stanley G. Hester, Christopher J. Coulman, Craig Joseph Swinson, Estate of Larry L. Scott, Lynn Dallachie, Douglas Spencer, Estate of Mary Abbott, Margaret E. Alvarez, Sybil Ceasar, Kenneth Watson, John Price, Deborah M. Coltrane, Teresa Swinson, Sherry Johnson, Cathy L. Lawton, Irene Stokes, Thomas Hairston, Jocelyn J. Sommerhof, Joseph Boccia, Sr., Frederick Daniel Eaves, Richard Menkins, III, Davin M. Green, John L. Pearson, Shirley Martin, Thomasine Baynard, Donald Holberton, Julia A. McFarlin, Michael Gorchinski, Estate of Angela Josephine Smith, Philiece Richardson-Mills, Paul Innocenzi, III, Richard Norfleet, Barbara Thorstad Warwick, Thomas Adrian Julian, Bill Ghumm, John Wyche, Russell Shipp, Wendy L. Lange, Jeffrey Cosner, Henry Miller, Marvin Albright, Luddie Belmer, Jonnie Mae Moore-Jones, Anthony Vallone, Paul Rivers, Etta Lemnah, Harry Moore, Heidi Crudale LeGault, Dawn Swinson, Donald H. Vallone, Jr., Peggy Stelpflug, Ashley Ghumm, Joseph Gordon, Freas H. Kreischer, III, Estate of Marlis Molly Wheeler, Rhonda Williams, Sandra Petrick, Lovelle Darrell Moore, Jeffrey Haskell, Henry Wigglesworth, Mary Gangur, Kelly Swank, James Cherry, Daniel Devlin, Joyce Stephens, John Sommerhof, Frederick Ceasar, Kelly Kluck, Jill Wold, Thomas Keown, Delma Williams-Edwards, William Dunningan, Sharon A. Hilton, Alice Warren Franklin, Barbara Tingley, Maureen Pare, Richard Lemnah, Frank Estes, Tammy Camara Howell, Estate of Synovure Jones, Tara Hanrahan, Clare Campus, John Jackowski, Jr., Theresa U. Roth Boyett, Thad Gilford-Smith, James Jackowski, Robert Allman, Estate of William Douglas Burley, Edward Anthony Johnston, Patricia Gerlach, Marcus D. Sturghill, Phyllis Woodford, Thomas Bates, Jr., Marlys Lemnah, Emerson Baynard, Ronald R. Perron, Avenell Callahan, Alan Richardson, Elaine James, William Ellis Winter, James Boccia, Jess Garcia, John L. Pearson, Sr., Jose Massa, Joseph Peter Milano, Jennifer Collier, Stephen Baynard, Joseph Moore, Joseph R. Livingston, IV, Tony Williamson, Alicia Jones, Donald Giblin, Scott Spaulding, Timothy Giblin, Robert D. Coulman, Valerie Gorchinski, Bryan Thomas Coulman, Jason Russell, Wayne Baynard, Ruby Fulcher, Lesley LaRiviere, Clifton Hildreth, Kristin Innocenzi, Annette Belmer, Nancy Brocksbank Fox, Joyce A. Houston, John F. Young, Laura Barfield Stelpflug, Barbara Gallagher, Kenty Maitland, John Robert Allman, Terry Abbott, Michael Gallagher, Theresa Riggs Camara, Ashley Doray, Anthony Banks, Leanna Cosner, Joseph Price, William Keown, Dennis James Schultz, Patrick Kerry Prindeville, James Abbott, Jacqueline Scialabba, Riley A. Sauls, Estate of Samuel Hudson, Horace Stephens, Sr., Adam Thorstad, Rebecca Bowler, Beverly Schultz, Melia Winter Collier, John Arthur Phillips, Sr., Randal D. Olson, Rosanne Brunette, Deborah D. Peterson, Gabrielle Devlin, Henry Caleb Sauls, Rosemary Clark, Nelson Stokes, Jr., Richard Holberton, Gail McDermott, Steven Jones, David Owens, Rebecca Doss, James C. Knipple, Manuel Massa, Jr., Frank Comes, Tadgh Smith, Brett Perron, Linda Martin Johnson, Charles Jeffrey Schnorf, Estate of Clarence Lemnah, Estate of James Gallagher, Johnny Len Copeland, Marvin R. Helms, William Giblin, Harry Douglas Myers, Shawn Wigglesworth, Sharon Rose Christian, Marcus L. Sturghill, Jr., June Lyon, Kevin Coulman, Richard J. Wallace, Estate of Susan Thorstad Hudson, Jeffrey Stokes, Paul Gordon, Lorraine M. Coulman, Robbie Neil Ceasar, Elizabeth House, John Hudson, Ramiro Massa, Estate of Pauline Knipple, Deborah Innocenzi, Mary Frances Black, Paul Oliver, Estate of Nora Young, Tara Smith, Richard Stokes, Andrea Grant, Alan Tracy Copeland, Jeanne Giblin, Patty McPhee, Kimberly Moore, Karen Shipp Collard, Ronald Garcia, Scott Lee Schultz, Julia Hildreth, Richard Schnorf, Charlie Robert Martin, John Arthur Phillips, Jr., Timothy B. Smith, Miralda Alarcon, Sabrina Quirante, Ruth Hudson, Lorenzo Hudson, James Langon, III, Michael Devlin, John Jackowski, Sr., Kathleen Kirkpatrick, John Hlywiak, Stephen Allen Scott, Patricia Calloway, Joyce Woodle, Kenneth Belmer, James Young, Dianne Stokes Williams, Sharon Parker, Mary Clyde Hart, Valerie Giblin, Annette R. Livingston, Cynthia Smith, Harry A. Myers, Karen Valenti, Richard L. Tingley, Bobby Keown, Jr., Robin M. Lynch, Johnny Adam Williamson, Susan Schnorf Breeden, Samuel Maitland, Sr., Ronny Kent Bates, Deborah Graves, Betty Moore, Michael Scott LaRiviere, Claudine Dunningan, William Roy Pollard, John W. Blocker, John Bonk, Jr., Jana M. Christian, Peter Hlywiak, Jr., Margaret Tella, Eugene LaRiviere, Travis Gerlach, Joanne Zimmerman, Geneva Myers, Alex Griffin, Donald H. Vallone, Rebecca Jewett, Harold Phillips, Paul Callahan, Leona Mae Vargas, Joseph R. Livingston, III, Ryan Thorstad, Melrose Ricks, Peter Scialabba, Ronald Meurer, Kevin Gallagher, Milagros Arroyo, Rosa Ibarro, Eric D. Sturghill, Colby Keith Belmer, Darlene Hairston, Ronnie Boccia, Karl Julian, William Swinson, Billie Ann Nairn, Jeanne Gattegno, Margaret Menkins, Daniel Kluck, Mary Ann Cobble, John Martin, Michael Wayne Hildreth, Jesse Ghumm, Margaret Medler Schnorf, Kathleen Tara Prindeville, Dana Spaulding, Lisa Menkins Palmer, Stacey Yvonne Pollard, Eric Richardson, Johnnie Cesar, Dwayne Wigglesworth, Joseph John Boccia, Jr., Edgar Quirante, Leshune Stokes Clark, John Macroglou, Mark Jones, Moronica Ghumm, Connie Ray Page, Richard Devlin, Rennitta Stokes Johnson, Darren Menkins, Andrew Sauls, Estate of Michael Moore, Leon Bohannon, Sr., Robert LaRiviere, Arminda Hernandez, Renerio Martin, Estate of Theodore Allman, Rodney Darrell Burnette, Mary Lynn Buckner, Wanda Russell, Leon Bohannon, Bobby Keown, Sr., Melissa Lea Moore, Richard Boccia, Donald Blankenship, Sr., Margaret Aileen Pollard, Donnie Bates, Richard H. Menkins, Shawn Biellow, William LaRiviere, Valerie Lyon, Susan J. Sinsioco, Judith K. Page, Marie Boulos, Rick Crudale, Monty Bates, Joao Massa, Kimberly Carpenter, Jamaal Muata Ali, Linda Rose Rooney, Russell Garcia, Philip Baynard, Edward Ghumm, Doreen Sundar, Belina Quirante Riva, Daryl Wigglesworth, Virginia Boccia Marshall, Thomas Holberton, Frances Owens, Robin Copeland Jordan, James Thorstad, Estate of Norman E. Boyett, Jr., Betty Copeland, Ashley E. Oliver, Ruby Martin, Sheria Scott. (Attachments: # 1 Part 2)(ft) (Entered: 10/11/2013)
LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Katherine B. Forrest from Liviu Vogel dated 10/10/2013. Document filed by Deborah D. Peterson.(Vogel, Liviu) (Entered: 10/10/2013)
SEALED DOCUMENT placed in vault.(mps) (Entered: 10/10/2013)
508
Filed: 10/8/2013, Entered: None
OPINION & ORDER re: 419 MOTION to Dismiss the Remaining Claims filed by Bank Markazi, the Central Bank of Iran, 499 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Katherine B. Forrest from David M. Lindsey dated 10/1/2013 filed by Bank Markazi, the Central Bank of Iran. For the reasons set forth above, defendant Bank Markazi's Motion to Dismiss the Remaining Claims is DENIED. The Clerk of Court shall terminate the motions at ECF Nos. 419 and 499. (Signed by Judge Katherine B. Forrest on 10/8/2013) (mro) (Entered: 10/08/2013)
ORDER granting 504 Letter Motion for Conference. Application granted. Counsel shall dial in to the Chambers phone number at the time of the conference. (Signed by Judge Katherine B. Forrest on 10/7/2013) (mro) (Entered: 10/08/2013)
LETTER addressed to Judge Katherine B. Forrest from Sharon. L. Schneier dated 10/07/2013 re: Discovery Issues. Document filed by Citibank, N.A..(Schneier, Sharon) (Entered: 10/07/2013)
LETTER MOTION for Conference - Status Conference on Friday, October 11, 2013 at 12:00 PM - Ugo Colella Request to Appear by Phone addressed to Judge Katherine B. Forrest from Gabrielle Y. Vazquez dated 10/07/2013. Document filed by Banca UBAE SpA.(Vazquez, Gabrielle) (Entered: 10/07/2013)
LETTER RESPONSE to Motion addressed to Judge Katherine B. Forrest from Liviu Vogel dated 10/04/2013 re: 499 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Katherine B. Forrest from David M. Lindsey dated 10/1/2013.. Document filed by Deborah D. Peterson. (Vogel, Liviu) (Entered: 10/04/2013)
ORDER: The Court notes that the Second Amended Complaint was filed under seal and that no redacted version is available on ECF. Plaintiffs are directed to submit a redacted version of the Complaint to ECF. (Signed by Judge Katherine B. Forrest on 10/3/2013) (mro) (Entered: 10/03/2013)
ORDER GRANTING APPLICATION OF FUND TRUSTEE TO RETAIN AND PAY ACCOUNTANTS AND ATTORNEYS granting 494 Motion to Authorize. ORDERED that the Application is granted. FURTHER ORDERED that the Fund Trustee is authorized under the Plan Agreement to engage accountants and attorneys in accordance with the terms set forth in the Application and to pay the fees and costs of such accountants and attorneys from the Fund's QSF Account without further order of the Court. (Signed by Judge Katherine B. Forrest on 10/1/2013) (mro) (Entered: 10/01/2013)
LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Katherine B. Forrest from David M. Lindsey dated 10/1/2013. Document filed by Bank Markazi, the Central Bank of Iran. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Lindsey, David) (Entered: 10/01/2013)
ORDER granting 496 Letter Motion for Extension of Time to Complete Discovery. Fact discovery due 10/10/2013; Expert Discovery due 11/25/2013. (Signed by Judge Katherine B. Forrest on 9/23/2013) (mt) (Entered: 09/23/2013)
LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Katherine B. Forrest from Ugo Colella dated 09/23/2013. Document filed by Banca UBAE SpA.(Colella, Ugo) (Entered: 09/23/2013)
MANDATE of USCA (Certified Copy) as to 383 Notice of Appeal, filed by Bank Markazi, the Central Bank of Iran USCA Case Number 13-1203(L). Appellant Bank Markazi, the Central Bank of Iran moves for voluntary dismissal of its appeal in docket no. 13-1203 because it is duplicative of its appeal in docket no. 13-2952. IT IS HEREBY ORDERED that the motion for voluntary dismissal is GRANTED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 9/16/2013. (nd) (Entered: 09/17/2013)
MOTION to Authorize Application of Fund Trustee for Recognition of Authority to Pay Accountants and Attorneys. Document filed by Stanley Sporkin. (Attachments: # 1 Text of Proposed Order, # 2 Notice of Application)(Katz, Alan) (Entered: 09/13/2013)
ORDER granting 492 LETTER MOTION requesting that the time for Clearstream to answer the Direct Claims, or to renew its Motion to Dismiss, be stayed while the settlement process proceeds. Ordered: Application granted. (Signed by Judge Katherine B. Forrest on 9/12/2013) (mro) Modified on 10/4/2013 (mro). (Entered: 09/12/2013)
LETTER MOTION for Extension of Time to File Answer re: 491 Order on Motion to Dismiss,,,,, Defendant Clearstream's request that the time to answer the Direct Claims, or to renew its Motion to Dismiss, be stayed while the settlement process proceeds. addressed to Judge Katherine B. Forrest from Karen E. Wagner dated 9/11/13. Document filed by Clearstream Banking, S.A..(Wagner, Karen) (Entered: 09/11/2013)
ORDER finding as moot 421 Motion to Dismiss; finding as moot 438 Motion to Dismiss. The Court has reviewed plaintiffs' letter dated September 9, 2013 (ECF no. 490), indicating they have reached an agreement with defendant Clearstream Banking S.A. ("Clearstream"). It is therefore ORDERED that Clearstream's motion to dismiss is denied as moot, with leave to renew. The Clerk of Court is directed to terminate the motion at ECF Nos. 421 and 438 as moot. (Signed by Judge Katherine B. Forrest on 9/10/2013) (mro) (Entered: 09/10/2013)
491
Filed: None, Entered: None
490
Filed: 9/9/2013, Entered: None
LETTER addressed to Judge Katherine B. Forrest from Liviu Vogel dated 9/9/2013 re: Plaintiffs' settlement agreement with Clearstream. Document filed by Deborah D. Peterson. (Attachments: # 1 Exhibit Settlement Agreement)(Vogel, Liviu) (Entered: 09/09/2013)
ENDORSED LETTER addressed to Judge Katherine B. Forrest from Liviu Vogel dated 9/6/13 re: Counsel writes to inform the Court that the Peterson Judgment Creditors join in the request set forth in the letter to Your Honor from James L. Bernard on behalf of the Greenbaum, Acosta, Beer and Kirchenbaum judgment creditors dated September 6, 2013 that the Court sever the claims of judgment creditors concerning their statements of claims, liens and priority arguments from the trial of the civil forfeiture and FSIA/TRIA claims. ENDORSEMENT: ORDERED: Post on Docket. (Signed by Judge Katherine B. Forrest on 9/9/2013) (mro) (Entered: 09/09/2013)
ORDER: The Court has reviewed plaintiffs' letter motion to compel discovery from defendant Banca UBAE, S.p.A. ("UBAE") dated August 9, 2013 (ECF No. 479), and the response of UBAE dated August 16, 2013 (ECF No. 483). It is hereby ORDERED: 1. The materials relating to the "foreign bonds" shall be produced. The bonds were treated together for a period of time during the events at issue; files relating to the "foreign bonds" may therefore contain relevant evidence or lead to relevant evidence under Rule 26. 2. Defendant shall produce the files related to Libya set forth in plaintiffs letter of August 9, 2013. 3. Judgments against Iran: UBAE shall produce only those materials relating to the Judgments against Iran here at issue. The remainder are not relevant. 4. The remaining issues are moot based on the representations by UBAE in the August 16, 2013, letter. (Signed by Judge Katherine B. Forrest on 9/6/2013) (mro) (Entered: 09/09/2013)
LETTER addressed to Judge Katherine B. Forrest from Andreas A. Frischknecht dated 8/21/2013 re: Counsel for defendant Bank Markazi, the Central Bank of Iran, writes in response to the August 15, 2013 letter of Liviu Vogel, counsel for Plaintiffs, concerning Plaintiffs' First Request for the Production of Documents dated March 25, 2013. Document filed by Bank Markazi, the Central Bank of Iran.(tn) (Entered: 08/23/2013)
MANDATE of USCA (Certified Copy) as to 440 Notice of Appeal, filed by Clearstream Banking, S.A. USCA Case Number 13-2496. IT IS HEREBY ORDERED that the motion for voluntary dismissal is GRANTED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 8/21/2013. (nd) (Entered: 08/22/2013)
STIPULATION OF DISMISSAL WITH PREJUDICE OF CITIBANK, N.A.: NOW, THEREFORE, the Murphy Judgment Creditors and Citibank hereby stipulate as follows: 1. Pursuant to Federal Rule of Civil Procedure 41(a), the Murphy Judgment Creditors and Citibank, by their undersigned counsel, hereby stipulate and agree that the remaining claims asserted in their Counterclaims against Citibank that have not been adjudicated by the Peterson Judgment shall be dismissed with prejudice with respect to Citibank only, and that the above-referenced action shall be dismissed with prejudice against Citibank. (Signed by Judge Katherine B. Forrest on 8/21/2013) (mro) (Entered: 08/21/2013)
STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, against the defendant(s) Citibank, N.A. pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Elizabeth Murphy, Armando J. Ybarra, John E. L'Heureux, Jane L'Heureux, Estate of Terrance Rich, Mary Wells, Kerry L'Heureux, Bryan Harris.(Karr, John) (Entered: 08/21/2013)
483
Filed: 8/19/2013, Entered: None
LETTER addressed to Judge Katherine B. Forrest from Ugo Colella dated 8/16/13 re: Counsel for UBAE writes to respond to the plaintiffs' 8/9/13 letter and states that no intervention by this Court is necessary. (mro) (Entered: 08/19/2013)
ENDORSED LETTER addressed to Judge Katherine B. Forrest from Andreas A. Frischknecht dated 8/16/2013 re: Counsel requests a brief extension of the deadline to respond to Mr. Vogel's letter until Wednesday, 8/21/2013 at 5:00 p.m. ENDORSEMENT: ORDERED: Application granted. Response due Wednesday 8/21 at 5:00 p.m.. (Signed by Judge Katherine B. Forrest on 8/16/2013) (tro) (Entered: 08/16/2013)
LETTER addressed to Judge Katherine B. Forrest from Liviu Vogel dated 8/15/2013 re: Counsel for Plaintiffs and Markazi have conferred regarding their disputes, including telephonic conferences held on 8/6/2013 and 8/9/2013. Document filed by Carlos Acosta, Steven M. Greenbaum, Deborah D. Peterson, Terance J. Valore.(tro) (Entered: 08/16/2013)
ENDORSED LETTER addressed to Judge Katherine B. Forrest from Ugo Colella dated 8/12/13 re: Counsel writes to request an extension of the deadline to respond to Mr. Vogel's letter until Friday, August 16, 2013. ENDORSEMENT: ORDERED: Application granted. UBAE response to motion to compel now due Friday, August 16, 2013, at 5:00 p.m. (Signed by Judge Katherine B. Forrest on 8/13/2013) (mro) (Entered: 08/13/2013)
LETTER addressed to Judge Katherine B. Forrest from Liviu Vogel dated 8/9/13 re: Plaintiffs have only briefly summarized their disputes with UBAE. Plaintiffs therefore welcome the opportunity to address these issues more fully with the Court. Notably, Plaintiffs have repeatedly informed UBAE that they remain willing to discuss any reasonable limitations upon UBAE's production if particular requests would impose an actual undue burden upon UBAE. To date, however, UBAE has not demonstrated any meaningful burden that full compliance with Plaintiffs' requests would impose. (mro) (Entered: 08/12/2013)
NOTICE OF APPEAL from 405 Order on Motion for Reconsideration,,, 367 Memorandum & Opinion,,,, 462 Order on Motion for Entry of Judgment under Rule 54(b), Order on Motion for Entry of Judgment under Rule 54(b), Order on Motion for Entry of Judgment under Rule 54(b), Order on Motion for Entry of Judgment under Rule 54(b), Order on Motion for Entry of Judgment under Rule 54(b), Order on Motion for Entry of Judgment under Rule 54(b), Order on Motion for Entry of Judgment under Rule 54(b), 463 Order, 337 Order on Motion to Vacate, Order on Motion to Dismiss/Lack of Jurisdiction, Order on Motion for Partial Summary Judgment,,,,,,,,,,,,,,,,,,,,,,. Document filed by Banca UBAE SpA. Filing fee $ 455.00, receipt number 0208-8757485. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Colella, Ugo) (Entered: 08/06/2013)
NOTICE OF APPEAL from 405 Order on Motion for Reconsideration,,, 367 Memorandum & Opinion,,,, 462 Order on Motion for Entry of Judgment under Rule 54(b), Order on Motion for Entry of Judgment under Rule 54(b), Order on Motion for Entry of Judgment under Rule 54(b), Order on Motion for Entry of Judgment under Rule 54(b), Order on Motion for Entry of Judgment under Rule 54(b), Order on Motion for Entry of Judgment under Rule 54(b), Order on Motion for Entry of Judgment under Rule 54(b), 337 Order on Motion to Vacate, Order on Motion to Dismiss/Lack of Jurisdiction, Order on Motion for Partial Summary Judgment,,,,,,,,,,,,,,,,,,,,,,. Document filed by Clearstream Banking, S.A.. Filing fee $ 455.00, receipt number 0208-8748860. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Wagner, Karen) (Entered: 08/02/2013)
NOTICE OF APPEAL from 463 Order,. Document filed by Bank Markazi, the Central Bank of Iran. Filing fee $ 455.00, receipt number 0208-8747192. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Lindsey, David) (Entered: 08/01/2013)
DECLARATION of Andreas A. Frischknecht in Support re: 419 MOTION to Dismiss the Remaining Claims.. Document filed by Bank Markazi, the Central Bank of Iran. (Attachments: # 1 Exhibit A (Redacted))(Lindsey, David) (Entered: 07/31/2013)
REPLY MEMORANDUM OF LAW in Support re: 421 MOTION to Dismiss Counts Two, Three, Seven and Eight of the Complaint., 438 AMENDED MOTION to Dismiss all Direct Claims against Clearstream.. Document filed by Clearstream Banking, S.A.. (Wagner, Karen) (Entered: 07/26/2013)
DECLARATION of Andreas A Frischknecht in Support re: 419 MOTION to Dismiss the Remaining Claims.. Document filed by Bank Markazi, the Central Bank of Iran. (Lindsey, David) (Entered: 07/26/2013)
REPLY MEMORANDUM OF LAW in Support re: 419 MOTION to Dismiss the Remaining Claims.. Document filed by Bank Markazi, the Central Bank of Iran. (Lindsey, David) (Entered: 07/26/2013)
MEMORANDUM OF LAW in Opposition re: 421 MOTION to Dismiss Counts Two, Three, Seven and Eight of the Complaint., 419 MOTION to Dismiss the Remaining Claims., 438 AMENDED MOTION to Dismiss all Direct Claims against Clearstream.. Document filed by Deborah D. Peterson. (Vogel, Liviu) (Entered: 07/13/2013)
ENDORSED LETTER addressed to Judge Katherine B. Forrest from Sharon L. Schneier dated 7/11/13 re: Counsel attaches the written confirmation that they received from plaintiffs' counsel that the restraining notice is not directed to the assets which are subject to the Court's Order entered on 7/9/13 (ECF No. 463). ENDORSEMENT: ORDERED: Post on Docket. (Signed by Judge Katherine B. Forrest on 7/11/2013) (mro) Modified on 7/15/2013 (mro). (Entered: 07/12/2013)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 7/9/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari) (Entered: 07/12/2013)
TRANSCRIPT of Proceedings re: CONFERENCE held on 7/9/2013 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/5/2013. Redacted Transcript Deadline set for 8/15/2013. Release of Transcript Restriction set for 10/15/2013.(Rodriguez, Somari) (Entered: 07/12/2013)
STIPULATED PROTECTIVE ORDER GOVERNING THE PRODUCTION OF CONFIDENTIAL MATERIALS...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Katherine B. Forrest on 7/9/2013) (mro) (Entered: 07/11/2013)
LETTER addressed to Judge Katherine B. Forrest from Liviu Vogel dated 6/28/13 re: Enclosed please find an original Agreement for the Peterson Section 468(b) Fund executed by the Honorable Stanley Sporkin. Please note that, if and when the Court enters an order establishing the fund, a copy of said order should be annexed as Exhibit I to the enclosed agreement. (mro) (Entered: 07/10/2013)
ORDER AND PARITAL FINAL JUDGMENT PURSUANT TO FED. R. CIV. P. 54(b), DIRECTING TURNOVER OF THE BLOCKED ASSETS, DISMISSAL OF CITIBANK WITH PREJUDICE AND DISCHARGING CITIBANK FROM LIABILITY: Plaintiffs are awarded judgment for turnover of the Blocked assets. (Signed by Judge Katherine B. Forrest on 7/9/2013) (Attachments: # 1 Notice of Right to Appeal)(dt) Modified on 7/11/2013 (dt). (Entered: 07/10/2013)
ORDER ENTERING PARTIAL FINAL JUDGMENT PURSUANT TO FED. R. CIV. P. 54(b), DIRECTING TURNOVER OF THE BLOCKED ASSETS, DISMISSAL OF CITIBANK WITH PREJUDICE AND DISCHARGING CITIBANK FROM LIABILITY granting 399 Motion for Entry of Judgment under Rule 54(b). IT IS HEREBY ORDERED, ADJUDGED AND DECREED that: This Court has jurisdiction over the subject matter of this action and the res. This Court has personal jurisdiction over Citibank, Clearstream, and Bank Markazi. This Court has not made a final determination as to personal jurisdiction over UBAE with respect to the remaining claims asserted by some of the Plaintiffs against UBAE. Plaintiffs are awarded judgment for turnover of the Blocked Assets. OFAC shall issue the License within fourteen (14) business days after entry of this Order, and such License shall include a License to the Trustee of the QSF and UBS Wealth Management (Americas) Inc. to transfer the Blocked Assets to the Registry of the Court as may be required under paragraph 7 of this Order. Citibank shall, within fourteen (14) business days of the issuance by OF AC of the License, deposit the Blocked Assets, plus all accrued interest thereon to date, minus any reasonable fees calculated thereon (the amount of which remains subject to Court approval), which as of June 4, 2013 constituted $1,895,600,513.03, in an account opened in the name of the QSF at UBS Wealth Management (Americas) Inc. (the "QSF Account") in accordance with, and under the terms of, the Order approving the formation of the QSF dated July 9, 2013; as further set forth herein. (Signed by Judge Katherine B. Forrest on 7/9/2013) (mro) (Entered: 07/10/2013)
ORDER APPROVING QUALIFIED SETTLEMENT FUND: ORDERED that the Court authorizes the establishment and funding of the Peterson §468B Qualified Settlement Fund (the "Fund"), which shall be established and maintained so as to qualify as a qualified settlement fund as defined and described in Internal Revenue Code §468B and in U.S. Treasury Regulation § 1.468B-1, and according to the terms of the Agreement for the Peterson §468B Qualified Settlement Fund Pursuant to 26 U.S.C. §468B Qualified Settlement Fund Provisions (the "Fund Agreement"), the form of which is attached to this order; And as set forth herein. SO ORDERED. (Signed by Judge Katherine B. Forrest on 7/09/2013) (ama) (Entered: 07/09/2013)
REVISED SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). Motions due by 12/20/2013. Responses due by 1/17/2014 Replies due by 1/31/2014. Fact Discovery due by 9/30/2013. Expert Discovery due by 11/15/2013. Final Pretrial Conference set for 2/27/2014 at 01:00 PM before Judge Katherine B. Forrest. Status Conference set for 10/11/2013 at 12:00 PM before Judge Katherine B. Forrest. Pretrial Order due by 2/26/2014. Ready for Trial by 3/4/2014. Trial is anticipated to take 1 week. Plaintiff's opposition briefs to the pending motions to dismiss are due 7/12/13; defendant's replies are due 7/26/13. Trial will be before a jury. SO ORDERED. (Signed by Judge Katherine B. Forrest on 7/09/2013) (ama) Modified on 7/17/2013 (ama). (Entered: 07/09/2013)
NOTICE OF CHANGE OF ADDRESS by Ugo Alfredo Colella on behalf of Banca UBAE SpA. New Address: Thompson Hine LLP, 1919 M Street, NW, Suite 700, Washington, DC, USA 20036, 202-263-4192. (Colella, Ugo) (Entered: 07/05/2013)
LETTER addressed to Judge Katherine B. Forrest from Sharon L. Schneier dated 6/18/2013 re: We write to address a misunderstanding evident in the letter submitted by counsel for the Estate of Michael Heiser, et al. ("the Heisers") on June 13, 2013 (Ecf No. 433) to the limited relief sought by Citibank in its June 11, 2013 letter to the court (the "Citibank Letter"). ECF No. 430. (ama) (Entered: 07/03/2013)
LETTER addressed to Judge Katherine B. Forrest from Richard M. Kremen dated 6/20/2013 re: The Heisers reject this latest request which they believe is improper and potentially extremely prejudicial to the Heisers. (ama) (Entered: 07/03/2013)
456
Filed: None, Entered: None
455
Filed: 7/3/2013, Entered: None
ENDORSED LETTER addressed to Judge Katherine B. Forrest from John W. Karr and Steven Barentzen dated 7/3/13 re: Counsel writes to request an extension of time to and including 7/12/13 to file an memoranda opposing the motions to dismiss (Dkt. 419 and 421). ENDORSEMENT: ORDERED: Application granted. Any plaintiff group wishing to oppose the pending motions to dismiss or join in memoranda to be filed on behalf of other judgment creditors shall do so not later than July 12, 2013. (Signed by Judge Katherine B. Forrest on 7/3/2013) (mro) (Entered: 07/03/2013)
ENDORSED LETTER addressed to Judge Katherine B. Forrest from Liviu Vogel dated 7/2/13 re: Counsel writes to request an extension of time to file plaintiffs response to the motions to dismiss until 7/12/13. ENDORSEMENT: ORDERED: Plaintiffs' responses now due 7/12/13. All dates in the Scheduling Order filed May 23, 2013 (ECF No. 411) remain. Set Deadlines/Hearing as to 419 MOTION to Dismiss the Remaining Claims., 421 MOTION to Dismiss Counts Two, Three, Seven and Eight of the Complaint., 438 AMENDED MOTION to Dismiss all Direct Claims against Clearstream:( Responses due by 7/12/2013) (Signed by Judge Katherine B. Forrest on 7/2/2013) (mro) (Entered: 07/03/2013)
ENDORSED LETTER addressed to Judge Katherine B. Forrest from Liviu Vogel dated 7/1/13 re: Counsel writes to request an adjournment of the Court's Scheduling Order as set forth herein. ENDORSEMENT: ORDERED: The Court will discuss any adjustments to the scheduling order at the status conference scheduled for July 9. (Signed by Judge Katherine B. Forrest on 7/2/2013) (mro) (Entered: 07/02/2013)
ENDORSED LETTER addressed to Judge Katherine B. Forrest from John W. Karr dated 6/26/13 re: Counsel writes to request an extension of time to and including July 3, 2013, to file any memoranda opposing the motions to dismiss of Clearstrearn and Bank Markazi (Dkt. #419 and 421 ), or to join in memoranda to be filed on behalf of other judgment creditors in this action. ENDORSEMENT: Ordered: Application granted. Set Deadlines/Hearing as to 419 MOTION to Dismiss the Remaining Claims, 421 MOTION to Dismiss Counts Two, Three, Seven and Eight of the Complaint: ( Responses due by 7/3/2013) (Signed by Judge Katherine B. Forrest on 6/27/2013) (mro) Modified on 6/28/2013 (mro). (Entered: 06/27/2013)
DECLARATION of Jane Carol Norman in Support re: 399 MOTION for Entry of Judgment under Rule 54(b) and for establishment of a qualified settlement fund.. Document filed by Deborah D. Peterson. (Vogel, Liviu) (Entered: 06/26/2013)
DECLARATION of Annie P. Kaplan in Support re: 399 MOTION for Entry of Judgment under Rule 54(b) and for establishment of a qualified settlement fund.. Document filed by Deborah D. Peterson. (Vogel, Liviu) (Entered: 06/26/2013)
DECLARATION of Annie P. Kaplan in Support re: 399 MOTION for Entry of Judgment under Rule 54(b) and for establishment of a qualified settlement fund.. Document filed by Deborah D. Peterson. (Vogel, Liviu) (Entered: 06/26/2013)
DECLARATION of Annie P. Kaplan in Support re: 399 MOTION for Entry of Judgment under Rule 54(b) and for establishment of a qualified settlement fund.. Document filed by Deborah D. Peterson. (Vogel, Liviu) (Entered: 06/26/2013)
REPLY AFFIRMATION of Liviu Vogel in Support re: 399 MOTION for Entry of Judgment under Rule 54(b) and for establishment of a qualified settlement fund.. Document filed by Deborah D. Peterson. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Vogel, Liviu) (Entered: 06/26/2013)
REPLY MEMORANDUM OF LAW in Support re: 399 MOTION for Entry of Judgment under Rule 54(b) and for establishment of a qualified settlement fund.. Document filed by Deborah D. Peterson. (Vogel, Liviu) (Entered: 06/26/2013)
AFFIDAVIT of Chandresh Iyer re: 444 Memorandum of Law Citibank's Submission on the Costs Assessed Against the Segregated Account. Document filed by Citibank, N.A.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Schneier, Sharon) (Entered: 06/25/2013)
MEMORANDUM OF LAW Citibank's Submission on the Costs Assessed Against the Segregated Account. Document filed by Citibank, N.A.. (Schneier, Sharon) (Entered: 06/25/2013)
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - BRIEF Citibank's Submission on the Costs Assessed Against the Segregated Account. Document filed by Citibank, N.A..(Schneier, Sharon) Modified on 6/24/2013 (ka). (Entered: 06/21/2013)
NOTICE OF APPEAL from 405 Order on Motion for Reconsideration,,, 367 Memorandum & Opinion,,,, 337 Order on Motion to Vacate, Order on Motion to Dismiss/Lack of Jurisdiction, Order on Motion for Partial Summary Judgment,,,,,,,,,,,,,,,,,,,,,,. Document filed by Clearstream Banking, S.A.. Filing fee $ 455.00, receipt number 0208-8620599. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Wagner, Karen) (Entered: 06/19/2013)
ENDORSED LETTER addressed to Judge Katherine B. Forrest from Liviu Vogel dated 6/17/13 re: Counsel writes on behalf of the Peterson Plaintiffs as well as the Greenbaum, Acosta, Beer and Kirshenbaum judgment creditors to respectfully request an extension of time until July 3, 2013, to file opposition to the motions of Bank Markazi and Clearstream Banking, SA to dismiss the remaining claims (ECF Dkt. 419 and 421, respectfully). Counsel also requests that the time for Bank Markazi and Clearstream to file their reply papers be extended until July 18, 2013. ENDORSEMENT: Ordered: Application granted. Set Deadlines/Hearing as to 419 MOTION to Dismiss the Remaining Claims., 421 MOTION to Dismiss Counts Two, Three, Seven and Eight of the Complaint:( Responses due by 7/3/2013) (Signed by Judge Katherine B. Forrest on 6/18/2013) (mro) Modified on 6/18/2013 (mro). (Entered: 06/18/2013)
ORDER: The Court has reviewed correspondence from stakeholder Citibank dated June 11, 2013, and from the Heiser plaintiffs dated June 13, 2013. The letters discuss Citibank's request that the pending Proposed Rule 54(b) Order of Judgment be expanded to provide for the dismissal of two of the Heiser plaintiffs' pending actions, The Estate of Michael Heiser, et al., v. Citibank, N.A., No. 11 Civ. 1598 (RPP)(GWG) and Estate of Michael Heiser, et al., v. JP Morgan Chase Bank, N.A., et al., 11 Civ. 2570 (LBS) (the "Heiser Actions"). The Heiser Actions are assigned to Judge Patterson and Judge Sweet, respectively, and are on the suspense docket. This Court lacks jurisdiction over actions proceeding before other district judges. Even without considering its merits, then, the Court cannot grant Citibank's request with respect to the Heiser Actions. The Court takes no position as to whether the transfer of the Heiser Actions to this Court is possible or proper. In consideration of the current posture of the Heiser Actions, Citibank's request is denied. (Signed by Judge Katherine B. Forrest on 6/17/2013) (mro) (Entered: 06/17/2013)
ENDORSED LETTER addressed to Judge Katherine B. Forrest from Sharon L. Schneier dated 6/14/13 re: Counsel states that Citibank will be making a separate submission which will address the issue of the costs assessed against the segregated account in 2009 as provided for in paragraph 3 of the Revised Proposed Order submitted by Plaintiffs. (ECF No. 429.) The parties had agreed that Citibank's submission on this issue is due on June 17, 2013. Citibank respectfully requests that the date be extended until June 20, 2013. ENDORSEMENT: Ordered: Application granted. (Signed by Judge Katherine B. Forrest on 6/17/2013) (mro) (Entered: 06/17/2013)
LETTER addressed to Judge Katherine B. Forrest from David M. Lindsey dated 6/14/13 re: Counsel writes concerning Plaintiffs' modified proposed Rule 54(b) Order (the "Modified Proposed Rule 54(b) Order") and modified agreement for establishment of a fund pursuant to 26 U.S.c. § 468B (the "Modified Fund Agreement"), which were delivered to the Court on June 11, 2013. Counsel is submitting this letter in advance of the telephonic conference the Court has scheduled for 3 p.m. today to apprise the Court of Bank Markazi's position concerning these matters. (mro) Modified on 6/17/2013 (mro). (Entered: 06/17/2013)
ENDORSED LETTER: addressed to Judge Katherine B. Forrest from James L. Bernard dated 6/13/2013 re: Plaintiffs Plaintiffs wish to efficiently respond to Markazi's two submissions (one previously filed and one to be filed on June 14) at the same time and in one submission, and therefore respectfully request an extension of time to file their reply memorandum of law in further support of this motion until Wednesday, June 26, 2013. ENDORSEMENT: Application granted. So Ordered. (Signed by Judge Katherine B. Forrest on 6/14/2013) (js) (Entered: 06/14/2013)
ENDORSED LETTER: addressed to Judge Katherine B. Forrest from Richard M. Kremen dated 6/13/2013 re: Counsel writes, at the end of the day, it is clear that CitiBank's request that your Honor dismiss cases pending before different judges is improper, unnecessary and would materially prejudice and damage the Heisers. The 14 page Draft Order already contains multiple layers of protection for CitiBank which more than adequately address any concerns that CitiBank may have with respect to the Heisers and/or any other person or entity. The Heisers respectfully request that the Court reject CitiBank's requested changes and enter the Draft Order in the form submitted by Mr. Vogel. ENDORSEMENT: Post on docket. (Signed by Judge Katherine B. Forrest on 6/14/2013) (js) Modified on 6/24/2013 (tro). (Entered: 06/14/2013)
Letter addressed to Judge Katherine B. Forrest from Ugo Colella dated 6/12/13 re: Counsel for Defendant Banca UBAE S.p.A. in the above-referenced matter, writes to the Court with respect to the proposed form of a Rule 54(b) order submitted to the Court last night by the Plaintiffs. After review of that proposed order, UBAE re-asserts its arguments set forth in its initial opposition filed with the Court on June 3, 2013 (see ECF No. 417). As fully set forth therein, the latest proposed Rule 54(b) order presumes that the Court has made a final determination that UBAE is subject to personal jurisdiction in this matter. Such a finding is inconsistent with this Court's holdings in both the February 28, 2013 Order (ECF No. 367) and its Reconsideration Order (ECF No. 405). (mro) (Entered: 06/13/2013)
Letter addressed to Judge Katherine B. Forrest from Karen E. Wagner dated 6/11/13 re: Counsel for defendant Clearstream Banking, S.A. submits this response to Plaintiffs' Motion for an Order pursuant to F.R.C.P. 54(b) and an order establishing a qualified settlement fund. Clearstream does not oppose entry of the form of an Order under F.R.C.P. 54(b). (mro) (Entered: 06/13/2013)
Letter addressed to Judge Katherine B. Forrest from Sharon L. Schneier dated 6/11/13 re: Counsel for Citibank, N.A. writes with respect to plaintiffs' motion for entry of an Order Pursuant to F.R.C.P. 54(b) and an Order Establishing a Qualified Settlement Fund ("QSF"), dated May 15, 2013. (See ECF No. 401, 402.) Citibank does not oppose the form of the orders submitted by plaintiffs' counsel today (the "Revised Proposed Order"), other than as noted herein. (mro) (Entered: 06/13/2013)
Letter addressed to Judge Katherine B. Forrest from Liviu Vogel dated 6/11/13 re: Counsel for the Peterson Plaintiffs writes to inform the Court that the Plaintiffs have reached agreement with Citibank and Clearstream on modifications to the proposed form of Rule 54(b) Order and the trust agreement for the Petersons' Section 4688 Fund. (mro) (Entered: 06/13/2013)
ENDORSED LETTER addressed to Judge Katherine B. Forrest from Andreas A. Frischknecht dated 6/12/13 re: Counsel requests that the Court grant it a brief opportunity to respond to the Modified Proposed Rule 54(b) Order and Modified § 468B Fund Agreement by way of a letter to the Court to be submitted no later than 5 p.m., on Friday, June 14, 2013. ENDORSEMENT: Ordered: Application granted. (Signed by Judge Katherine B. Forrest on 6/12/2013) (mro) (Entered: 06/12/2013)
ENDORSED LETTER addressed to Judge Katherine B. Forrest from Liviu Vogel dated 6/10/13 re: Counsel requests that the deadline for Clearstream and Citibank to file responses to Plaintiffs' Motion for a Rule 54(b) Order (ECF Dkt. 399) be extended until June 11, 2013. ENDORSEMENT: Ordered: Granted. Set Deadlines/Hearing as to 399 MOTION for Entry of Judgment under Rule 54(b) and for establishment of a qualified settlement fund:( Responses due by 6/11/2013) (Signed by Judge Katherine B. Forrest on 6/11/2013) (mro) (Entered: 06/11/2013)
ENDORSED LETTER addressed to Judge Katherine B. Forrest from Liviu Vogel dated 6/7/13 re: Counsel writes to request an extension of time for Citibank and Clearstream to submit responses to Plaintiffs' Rule 54(b) Motion until 6/10/13. The Plaintiffs also request an extension of time to file their reply to UBAE's and Markazi's opposition to the Motion for a 54(b) Order and creation of a qualified settlement fund until 6/17/13. ENDORSEMENT: Ordered: Application granted. Set Deadlines/Hearing as to 399 MOTION for Entry of Judgment under Rule 54(b) and for establishment of a qualified settlement fund:( Responses due by 6/10/2013, Replies due by 6/17/2013.) (Signed by Judge Katherine B. Forrest on 6/7/2013) (mro) Modified on 6/11/2013 (mro). (Entered: 06/10/2013)
ENDORSED LETTER addressed to Judge Katherine B. Forrest from Liviu Vogel dated 6/4/2013 re: Counsel writes to request until 6/7/13 for Citibank and Clearstream to respond to plaintiffs' motion for an order pursuant to F.R.C.P. 54(b) and an Order establishing a qualified settlement fund. ENDORSEMENT: ORDERED: Application granted. Deadline for Citibank and Clearstream to respond to plaintiffs' 54(b) motion is now Friday, June 7, 2013. SO ORDERED. (Signed by Judge Katherine B. Forrest on 6/4/2013) (mro) (Entered: 06/05/2013)
ENDORSED LETTER addressed to Judge Katherine B. Forrest from Sharon L. Schneier dated 6/3/13 re: Counsel requests until 6/4/13 to respond to Plaintiffs' Motion for an Order pursuant to FRCP 54(b) and an Order Establishing a Qualified Settlement Fund. ENDORSEMENT: ORDERED: Application granted. Response to plaintiffs' Rule 54(b) motion now due June 4, 2013. (Signed by Judge Katherine B. Forrest on 6/3/2013) (mro) (Entered: 06/04/2013)
DECLARATION of Karen E. Wagner in Support re: 421 MOTION to Dismiss Counts Two, Three, Seven and Eight of the Complaint.. Document filed by Clearstream Banking, S.A.. (Attachments: # 1 Exhibit A)(Wagner, Karen) (Entered: 06/03/2013)
MEMORANDUM OF LAW in Support re: 421 MOTION to Dismiss Counts Two, Three, Seven and Eight of the Complaint.. Document filed by Clearstream Banking, S.A.. (Wagner, Karen) (Entered: 06/03/2013)
MOTION to Dismiss Counts Two, Three, Seven and Eight of the Complaint. Document filed by Clearstream Banking, S.A..(Wagner, Karen) (Entered: 06/03/2013)
MEMORANDUM OF LAW in Support re: 419 MOTION to Dismiss the Remaining Claims.. Document filed by Bank Markazi, the Central Bank of Iran. (Lindsey, David) (Entered: 06/03/2013)
MEMORANDUM OF LAW in Opposition re: 399 MOTION for Entry of Judgment under Rule 54(b) and for establishment of a qualified settlement fund.. Document filed by Bank Markazi, the Central Bank of Iran. (Lindsey, David) (Entered: 06/03/2013)
MEMORANDUM OF LAW in Opposition re: 399 MOTION for Entry of Judgment under Rule 54(b) and for establishment of a qualified settlement fund.. Document filed by Banca UBAE SpA. (Zefutie, John) (Entered: 06/03/2013)
ENDORSED LETTER addressed to Judge Katherine B. Forrest from Karen E. Wagner dated 6/3/13 re: Counsel writes to request an extension of time to 6/4/13 to respond to plaintiffs' motion for an order pursuant to FRCP 54(b). ENDORSEMENT: So ordered. (Signed by Judge Katherine B. Forrest on 6/3/2013) (mro) (Entered: 06/03/2013)
NOTICE OF CHANGE OF ADDRESS by Mark Nathan Antar on behalf of Deborah D. Peterson. New Address: Salon Marrow Dyckman Newman & Broudy LLP, 292 Madison Avenue, New York, New York, US 10017, (212) 661-7100. (Antar, Mark) (Entered: 05/29/2013)
SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. § 636(c). Close of Fact Discovery: 7/15/2013. Close of Expert Discovery: 8/9/2013. Motions due by 8/9/2013. Responses due by 9/6/2013. Replies due by 9/20/2013. Trial will be before a jury. Final Pretrial Conference set for 11/8/2013 at 09:00 AM before Judge Katherine B. Forrest. Status Conference set for 7/9/2013 at 02:00 PM before Judge Katherine B. Forrest. All pretrial materials, including the Joint Pretrial Order due by 11/1/2013. Trial in this matter shall commence on 11/18/13. Trial is anticipated to take 1 week. ENDORSEMENT: Based on letters setting forth schedule of 3/15/13. (Signed by Judge Katherine B. Forrest on 5/22/2013) (mro) Modified on 5/24/2013 (mro). (Entered: 05/23/2013)
ENDORSED LETTER addressed to Judge Katherine B. Forrest from Andreas A. Frischknecht dated 5/22/2013 re: Bank Markazi respectfully requests that the Court grant it the same, brief extension of time until June 3, 2013 to respond to Plaintiffs' Motion that the Court has previously granted Defendants Banca UBAE S.p.A. and Clearstream Banking S.A. This is Bank Markazi's first request for an extension of time to respond to Plaintiffs' Motion. Plaintiffs have consented to Bank Markazi' s request. ENDORSEMENT: ORDERED: Application Granted., ( Responses due by 6/3/2013) (Signed by Judge Katherine B. Forrest on 5/22/2013) (ama) (Entered: 05/22/2013)
ENDORSED LETTER addressed to Judge Katherine B. Forrest from Sharon L. Schneier dated 5/22/13 re: Counsel writes to request an extension to respond to plaintiffs' motion pursuant to FRCP 54(b) from 5/29 to 6/3. ENDORSEMENT: Ordered: Extension granted. Set Deadlines/Hearing as to 399 MOTION for Entry of Judgment under Rule 54(b) and for establishment of a qualified settlement fund:( Responses due by 6/3/2013) (Signed by Judge Katherine B. Forrest on 5/22/2013) (mro) Modified on 5/24/2013 (mro). (Entered: 05/22/2013)
ENDORSED LETTER addressed to Judge Katherine B. Forrest from Karen E. Wagner dated 5/21/13 re: Counsel writes to request an extension of time to respond to the Motion pursuant to F.R.C.P. 54(b) until 6/3/13. ENDORSEMENT: Application granted. Set Deadlines/Hearing as to 399 MOTION for Entry of Judgment under Rule 54(b) and for establishment of a qualified settlement fund:( Responses due by 6/3/2013) (Signed by Judge Katherine B. Forrest on 5/22/2013) (mro) (Entered: 05/22/2013)
ENDORSED LETTER addressed to Judge Katherine B. Forrest from Liviu Vogel and Lee Wolosky dated 5/20/13 re: Counsel writes jointly to inform the Court that, as a result of discussions among the Wultz judgment creditors and the Petersen Plaintiffs and the other judgment creditors joined in the captioned proceeding (collectively, the "Plaintiffs"), the briefing schedule ordered by the Court in its order dated May 10, 2013 (ECF Dkt No. 398) is no longer necessary. The parties intend to keep the terms of their settlement confidential. ENDORSEMENT: Ordered: Post on docket. (Signed by Judge Katherine B. Forrest on 5/22/2013) (mro) (Entered: 05/22/2013)
407
Filed: None, Entered: None
406
Filed: 5/21/2013, Entered: None
ENDORSED LETTER addressed to Judge Katherine B. Forrest from Ugo Colella dated 5/21/2013 re: Counsel for Defendant Banca UBAE S.p.A. request an extension of time until 6/3/2013 for UBAE to respond to Plaintiffs' Motion for an Order pursuant to F.R.C.P. 54(b) and an Order Establishing a Qualified Settlement Fund. ENDORSEMENT: Ordered. Application granted. Set Deadlines/Hearing as to 399 MOTION for Entry of Judgment under Rule 54(b) and for establishment of a qualified settlement fund: (Responses due by 6/3/2013) (Signed by Judge Katherine B. Forrest on 5/21/2013) (tro) (Entered: 05/21/2013)
MEMORANDUM DECISION & ORDER denying 360 Motion for Reconsideration; denying 365 Motion for Reconsideration. For the reasons set forth above, Clearstream's motion for reconsideration is DENIED. UBAE's motion for reconsideration is also DENIED. The Clerk of Court is directed to close the motions at ECF Nos. 360 and 365. (Signed by Judge Katherine B. Forrest on 5/20/2013) (mro) Modified on 5/21/2013 (tro). (Entered: 05/20/2013)
AFFIDAVIT of Liviu Vogel in Support re: 399 MOTION for Entry of Judgment under Rule 54(b) and for establishment of a qualified settlement fund.. Document filed by Deborah D. Peterson. (Attachments: # 1 Exhibit A)(Vogel, Liviu) (Entered: 05/17/2013)
MEMORANDUM OF LAW in Support re: 399 MOTION for Entry of Judgment under Rule 54(b) and for establishment of a qualified settlement fund.. Document filed by Deborah D. Peterson. (Vogel, Liviu) (Entered: 05/15/2013)
AFFIDAVIT of Liviu Vogel in Support re: 399 MOTION for Entry of Judgment under Rule 54(b) and for establishment of a qualified settlement fund.. Document filed by Deborah D. Peterson. (Attachments: # 1 Exhibit A Part 1, # 2 Exhibit A Part 2, # 3 Exhibit A Part 3, # 4 Exhibit A Part 4, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G)(Vogel, Liviu) (Entered: 05/15/2013)
FILING ERROR - DUPLICATE DOCKET ENTRY - AFFIDAVIT of Liviu Vogel in Support re: 399 MOTION for Entry of Judgment under Rule 54(b) and for establishment of a qualified settlement fund.. Document filed by Deborah D. Peterson. (Vogel, Liviu) Modified on 5/20/2013 (db). (Entered: 05/15/2013)
AFFIDAVIT of Thomas Fay in Support re: 399 MOTION for Entry of Judgment under Rule 54(b) and for establishment of a qualified settlement fund.. Document filed by Deborah D. Peterson. (Vogel, Liviu) (Entered: 05/15/2013)
MOTION for Entry of Judgment under Rule 54(b) and for establishment of a qualified settlement fund. Document filed by Deborah D. Peterson.(Vogel, Liviu) (Entered: 05/15/2013)
MEMORANDUM DECISION & ORDER granting 329 Motion to Intervene. For the reasons set forth above, the Wultz Intervenors' motion to intervene is GRANTED. Not later than May 20, 2013, plaintiffs and the Intervenors shall confer and submit a joint proposed briefing schedule for any motion(s) regarding the validity of the various plaintiffs' right to execute and the priority of distribution of the $1.75 billion in cash that was the subject of the Court's February 28 Opinion and Order. The schedule shall provide that all briefing be completed not later than July 10, 2013. (Signed by Judge Katherine B. Forrest on 5/10/2013) (mt) Modified on 5/13/2013 (mt). (Entered: 05/10/2013)
NOTICE OF APPEARANCE by Mark Nathan Antar on behalf of Lilla Woollett Abbey, James Abbott, Terry Abbott, Elizabeth Adams, Eileen Prindeville Ahlquist, Miralda Alarcon, Marvin Albright, Jamaal Muata Ali, Anne Allman, DiAnne Margaret Allman, John Robert Allman, Robert Allman, Margaret E. Alvarez, Margaret Angeloni, Kimberly F. Angus, Jesus Arroyo, Milagros Arroyo, Pablo Arroyo, Anthony Banks, Donnie Bates, Johnny Bates, Laura Bates, Margie Bates, Monty Bates, Ronny Kent Bates, Thomas C. Bates, Sr, Thomas Bates, Jr, Mary E. Baumgartner, Anthony Baynard, Barry Baynard, Emerson Baynard, James Baynard, Philip Baynard, Stephen Baynard, Thomasine Baynard, Timothy Baynard, Wayne Baynard, Jess W. Beamon, Anna Beard, Mary Ann Beck, Alue Belmer, Alvin Burton Belmer, Annette Belmer, Clarence Belmer, Colby Keith Belmer, Denise Belmer, Donna Belmer, Faye Belmer, Kenneth Belmer, Luddie Belmer, Shawn Biellow, Mary Frances Black, Donald Blankenship, Sr, Donald Blankenship, Jr, Richard D. Blankenship, Alice Blocker, Douglas Blocker, John W. Blocker, John R. Blocker, Robert Blocker, James Boccia, Joseph Boccia, Sr, Joseph John Boccia, Jr, Patricia Boccia, Raymond Boccia, Richard Boccia, Ronnie Boccia, Leticia Boddie, Angela Bohannon, Anthony Bohannon, Carrie Bohannon, David Bohannon, Edna Bohannon, Leon Bohannon, Sr, Ricki Bohannon, Leon Bohannon, Billie Jean Bolinger, John Bonk, Jr, Jeffrey Joseph Boulos, Joseph Boulos, Lydia Boulos, Marie Boulos, Rebecca Bowler, John Norman Boyett, Lavon Boyett, Theresa U. Roth Boyett, William A. Boyett, Damion Briscoe, Christine Brown, Rosanne Brunette, Mary Lynn Buckner, Myra Burley, William Burley, Rodney Darrell Burnette, Kathleen Calabro, Rachel Caldera, Avenell Callahan, Michael Callahan, Paul Callahan, Patricia Calloway, Elisa Rock Camara, Mecot Camara, Theresa Riggs Camara, Candace Campbell, Bradley Campus, Clare Campus, Elaine Capobianco, Olympia Carletta, Kimberly Carpenter, Florene Martin Carter, Phyllis A. Cash, Theresa Catano, Bruce Ceasar, Franklin Ceasar, Frederick Ceasar, Robbie Neil Ceasar, Sybil Ceasar, Christine Devlin Cecca, Johnnie Cesar, Tammy Chapman, James Cherry, Sonia Cherry, Adele H. Chios, Jana M. Christian, Sharon Rose Christian, Susan Ciupaska, Leshune Stokes Clark, Rosemary Clark, Mary Ann Cobble, Karen Shipp Collard, Jennifer Collier, Melia Winter Collier, Deborah M. Coltrane, Christopher Comes, Frank Comes, Sr, Frank Comes, Joan Comes, Patrick Comes, James N. Conley, Jr, Robert Allen Conley, Roberta Li Conley, Charles F. Cook, Charles Dennis Cook, Elizabeth A. Cook, Alan Tracy Copeland, Betty Copeland, Johnny Len Copeland, Blanche Corry, David Cosner, Harold Cosner, Jeffrey Cosner, Leanna Cosner, Cheryl Cossaboom, Bryan Thomas Coulman, Christopher J. Coulman, Dennis P. Coulman, Kevin Coulman, Lorraine M. Coulman, Robert D. Coulman, Charlita Martin Covington, Deborah Crawford, Amanda Crouch, Marie Crudale, Rick Crudale, Eugene Cyzick, Russell Cyzick, Lynn Dallachie, Barbara Davis, Anne Deal, Lynn Smith Derbyshire, Theresa Desjardins, Christine Devlin, Daniel Devlin, Gabrielle Devlin, Michael Devlin, Richard Devlin, Sean Devlin, Glenn Dolphin, Rosalie Milano Donahue, Ashley Doray, Nathaniel Dorsey, Rebecca Doss, Chester Dunnigan, Timothy Dunnigan, Claudine Dunningan, Elizabeth Ann Dunningan, Michael Dunningan, William Dunningan, Brian Earle, Frederick Daniel Eaves, Janice Thorstad Edquist, Mary Ruth Ervin, Estate of Alex W. Nashton, Estate of Angela Josephine Smith, Estate of Barbara D. Prindeville, Estate of Bertha Olson, Estate of Campbell J. Nairn, Estate of Clarence Lemnah, Estate of Claude Burley, Estate of Donald Stockton, Estate of Edward Iacovino Sr., Estate of Godofredo Quirante, Estate of Ingrid M. Swinson, Estate of James Gallagher, Estate of James Otis Moore, Estate of James Owens, Estate of Jediah Ghumm, Estate of John D. Knipple, Estate of Johnney S. Moore, Estate of Joseph R. Livingston, Estate of Kenneth J. Swinson, Estate of Larry L. Scott, Estate of Marlis Molly Wheeler, Estate of Marva Lynn Cosner, Estate of Mary A. Cook, Estate of Mary Abbott, Estate of Mary Blackenship, Estate of Michael Moore, Estate of Nelson Stokes Sr., Estate of Nora Young, Estate of Norman E. Boyett, Jr., Estate of Norris Gordon, Estate of Pauline Knipple, Estate of Richard G. LaRiviere, Estate of Robert Young, Estate of Samuel Hudson, Estate of Sigurd Olson, Estate of Susan Thorstad Hudson, Estate of Synovure Jones, Estate of Theodore Allman, Estate of Thomas McCall, Estate of William Douglas Burley, Barbara Estes, Charles Estes, Danny R. Estes, Frank Estes, Angela Dawn Farthing, Arlington Ferguson, Hilton Ferguson, Linda Sandback Fish, Richard Andrew Fluegel, Nancy Brocksbank Fox, Tia Fox, Alice Warren Franklin, Lori Fransler, Tammy Freshour, Charles Frye, Michael D. Fulcher, Ruby Fulcher, Barbara Gallagher, Brian Gallagher, James Gallagher, Jr, Kevin Gallagher, Michael Gallagher, Sean Gallagher, Dimitri Gangur, George Gangur, Mary Gangur, Jess Garcia, Randall Garcia, Ronald Garcia, Roxanne Garcia, Russell Garcia, Violet Garcia, Truman Dale Garner, Suzanne Perron Garza, Jeanne Gattegno, Larry Gerlach, Megan Gerlach, Patricia Gerlach, Travis Gerlach, Arlene Ghumm, Ashley Ghumm, Bill Ghumm, Edward Ghumm, Harold Ghumm, Hildegard Ghumm, Jesse Ghumm, Leroy Ghumm, Moronica Ghumm, Donald Giblin, Jeanne Giblin, Michael Giblin, Tiffany Giblin, Timothy Giblin, Valerie Giblin, William Giblin, Thad Gilford-Smith, Rebecca Gintonio, Dawn Goff, Christina Gorchinski, Judy Gorchinski, Kevin Gorchinski, Michael Gorchinski, Valerie Gorchinski, Alice Gordon, Joseph Gordon, Linda Gordon, Paul Gordon, Richard Gordon, Andrea Grant, Deborah Graves, Davin M. Green, Deborah Green, Liberty Quirante Gregg, Alex Griffin, Catherine E. Grimsley, Megan Grummer, Lyda Woollett Guz, Darlene Hairston, Thomas Hairston, Tara Hanrahan, Mary Clyde Hart, Jeffrey Haskell, Brenda Haskill, Kathleen S. Hedge, Christopher Todd Helms, Mark Anthony Helms, Marvin R. Helms, Arminda Hernandez, Doris Hester, Stanley G. Hester, Clifton Hildreth, Donald Wayne Hildreth, Julia Hildreth, Mary Ann Hildreth, Michael Wayne Hildreth, Sharon A. Hilton, John Hlywiak, Margaret Hlywiak, Joseph Hlywiak, Paul Hlywiak, Peter Hlywiak, Sr, Peter Hlywiak, Jr, Donald Holberton, Patricia Lee Holberton, Richard Holberton, Thomas Holberton, Tangie Hollifield, Debra Horner, Elizabeth House, Joyce A. Houston, Tammy Camara Howell, John Hudson, Lisa H. Hudson, Lorenzo Hudson, Lucy Hudson, Ruth Hudson, William J. Hudson, Maurice Edward Hukill, Cynthia Lou Hunt, Orval Hunt, Nancy Tingley Hurlburt, Cynthia Perron Hurston, Edward Iacovino, Jr, Elizabeth Iacovino, Rosa Ibarro, Deborah Innocenzi, Kristin Innocenzi, Mark Paul Innocenzi, IV, Paul Innocenzi, III, Bernadette Jaccom, James Jackowski, John Jackowski, Jr, John Jackowski, Sr, Andrew Scott Jacobs, Daniel Joseph Jacobs, Danita Jacobs, Joseph P. Jacobs, Victoria Jacobus, Elaine James, Jeffrey Wilbur James, Nathalie C. Jenkins, Nathaniel Walter Jenkins, Stephen Jenkins, Rebecca Jewett, Linda Martin Johnson, Ray Johnson, Rennitta Stokes Johnson, Sherry Johnson, Charles Johnston, Edward Anthony Johnston, Edwin Johnston, Mary Ann Johnston, Zandra LaRiviere Johnston, Alicia Jones, Corene Martin Jones, Kia Briscoe Jones, Mark Jones, Ollie Jones, Sandra D. Jones, Steven Jones, Robin Copeland Jordan, Susan Scott Jordan, Joyce Julian, Karl Julian, Thomas Adrian Julian, Nada Jurist, Adam Keown, Bobby Keown, Jr, Bobby Keown, Sr, Darren Keown, Thomas Keown, William Keown, Mary Joe Kirker, Brian Kirkpatrick, Kathleen Kirkpatrick, Daniel Kluck, Kelly Kluck, Michael Kluck, James C. Knipple, John R. Knipple, Shirley L. Knox, Doreen Kreischer, Freas H. Kreischer, III, Freas H. Kreischer, Jr, Eugene LaRiviere, Janet LaRiviere, John M. LaRiviere, Lesley LaRiviere, Michael Scott LaRiviere, Michael LaRiviere, Nancy LaRiviere, Richard LaRiviere, Robert LaRiviere, Steven LaRiviere, William LaRiviere, Keith Laise, Cynthia D. Lake, Wendy L. Lange, James Langon, III, James Langon, Cathy L. Lawton, Heidi Crudale LeGault, Etta Lemnah, Fay Lemnah, Harold Lemnah, Marlys Lemnah, Richard Lemnah, Robert Lemnah, Ronald Lemnah, Grace Lewis, Annette R. Livingston, Joseph R. Livingston, IV, Joseph R. Livingston, III, Robin M. Lynch, Earl Lyon, Francisco Lyon, June Lyon, Maria Lyon, Paul D. Lyon, Jr, Paul D. Lyon, Sr, Valerie Lyon, Heather Macroglou, John Macroglou, Lisa Magnotti, Kathleen Devlin Mahoney, Kenty Maitland, Leysnal Maitland, Samuel Maitland, Jr, Samuel Maitland, Sr, Shirla Maitland, Virginia Boccia Marshall, Charlie Robert Martin, John Martin, Pacita Martin, Renerio Martin, Ruby Martin, Shirley Martin, Mary Mason, Cristina Massa, David Massa, Edmund Massa, Joao Massa, Jose Massa, Manuel Massa, Jr, Ramiro Massa, Burnham Matthews, John McCall, Mary McCall, Valerie McCall, Gail McDermott, James E. McDonough, Julia A. McFarlin, George McMahon, Michael McMahon, Timothy R. McMahon, Patty McPhee, Darren Menkins, Gregory Menkins, Margaret Menkins, Richard Menkins, III, Richard H. Menkins, Jay T. Meurer, John Meurer, Michael Meurer, Ronald Meurer, John Thomas Meurer, Mary Lou Meurer, Penny Meyer, Angela Milano, Joseph Peter Milano, Peter Milano, Jr, Earline Miller, Henry Miller, Patricia Miller, Timothy Mitchell, Wendy Mitchell, Helen Montgomery, Alie Mae Moore, Betty Moore, Harry Moore, Joseph Moore, Kimberly Moore, Lovelle Darrell Moore, Marvin S. Moore, Mary Moore, Melissa Lea Moore, Jonnie Mae Moore-Jones, Elizabeth Phillips Moy, Debra Myers, Geneva Myers, Harry Douglas Myers, Harry A. Myers, Billie Ann Nairn, Campbell J. Nairn, Jr, David Nairn, William P. Nairn, Jeffrey Nashton, Richard Norfleet, Deborah O'Connor, Pearl Olaniji, Ashley E. Oliver, John Oliver, Kayley Oliver, Michael John Oliver, Patrick S. Oliver, Paul Oliver, Riley Oliver, John Arne Olson, Karen L. Olson, Randal D. Olson, Roger S. Olson, Ronald J. Olson, David Owens, Deanna Owens, Frances Owens, Joseph Albert Owens, Steven Owens, Connie Mack Page, Connie Ray Page, Judith K. Page, Lisa Menkins Palmer, Geraldine Paolozzi, Maureen Pare, Henry James Parker, Sharon Parker, Ulysses Gregory Parker, Helen M. Pearson, John L. Pearson, Sr, John L. Pearson, Sonia Pearson, Brett Perron, Deborah Jean Perron, Michelle Perron, Ronald R. Perron, Thomas S. Perron, Muriel Persky, Deborah D. Peterson, Deborah D. Peterson(Personal Representative of the Estate of James C. Knipple (Dec.)), Sandra Petrick, Sharon Conley Petry, Donna Vallone Phelps, Harold Phillips, John Arthur Phillips, Sr, John Arthur Phillips, Jr, Donna Tingley Plickys, Margaret Aileen Pollard, Stacey Yvonne Pollard, William Roy Pollard, Lee Hollan Prevatt, Victor Thornton Prevatt, Victor Mark Prevatt, James Price, John Price, Joseph Price, Kathleen Tara Prindeville, Michael Prindeville, Patrick Kerry Prindeville, Paul Prindeville, Sean Prindeville, Belinda J. Quirante, Diomedes J. Quirante, Edgar Quirante, Milton Quirante, Sabrina Quirante, Susan Ray, Laura M. Reininger, Alan Richardson, Clarence Richardson, Eric Richardson, Lynette Richardson, Vanessa Richardson, Warren Richardson, Philiece Richardson-Mills, Melrose Ricks, Belina Quirante Riva, Paul Rivers, Barbara Rockwell, Linda Rose Rooney, Louis J. Rotondo, Tammi Ruark, Juliana Rudkowski, Jason Russell, Marie McMahon Russell, Stephen Russell, Tanya Russell, Wanda Russell, Alicia Lynn Sanchez, Andrew Sauls, Henry Caleb Sauls, Michael Caleb Sauls, Riley A. Sauls, Charles Jeffrey Schnorf, Margaret Medler Schnorf, Richard Schnorf((father)), Richard Schnorf((brother)), Robert Schnorf, Susan Schnorf Breeden, Beverly Schultz, Dennis James Schultz, Dennis Ray Schultz, Scott Lee Schultz, Frank Scialabba, Jacqueline Scialabba, Peter Scialabba, Samuel Scott Scialabba, Gary Randall Scott, Jon Christopher Scott, Kevin James Scott, Mary Ann Scott, Sheria Scott, Stephen Allen Scott, Jacklyn Seguerra, Clydia Shaver, Bryan Richard Shipp, James David Shipp, Janice Shipp, Maurice Shipp, Pauline Shipp, Raymond Dennis Shipp, Russell Shipp, Jerryl Shropshire, Larry H. Simpson, Jr, Susan J. Sinsioco, Bobbie Ann Smith, Cynthia Smith, Donna Marie Smith, Erma Smith, Holly Smith, Ian Smith, Janet Smith, Joseph K. Smith, III, Joseph K. Smith, Jr, Keith Smith, Kelly B. Smith, Kirk Hall Smith, Shirley L. Smith, Tadgh Smith, Tara Smith, Terrence Smith, Timothy B. Smith, Ann Smith-Ward, Jocelyn J. Sommerhof, John Sommerhof, William Scott Sommerhof, William J. Sommerhof, Dana Spaulding, Scott Spaulding, Douglas Spencer, Stephen Eugene Spencer, Cecilia Stanley, Christy Williford Stelpflug, Joseph Stelpflug, Kathy Nathan Stelpflug, Laura Barfield Stelpflug, Peggy Stelpflug, William Stelpflug, Horace Renardo Stephens, Jr, Horace Stephens, Sr, Joyce Stephens, Keith Stephens, Mary Stilpen, Craig Stockton, Dona Stockton, Richard Stockton, Irene Stokes, Jeffrey Stokes, Nelson Stokes, Jr, Richard Stokes, Robert Stokes, Gwenn Stokes-Graham, Eric D. Sturghill, Marcus L. Sturghill, Jr, Marcus D. Sturghill, NaKeisha Lynn Sturghill, Devon Sundar, Doreen Sundar, Kelly Swank, Craig Joseph Swinson, Daniel Swinson, Dawn Swinson, Teresa Swinson, William Swinson, Margaret Tella, Susan L. Terlson, Mary Ellen Thompson, Adam Thorstad, James Thorstad, Jr, James Thorstad, James Thorstad, Sr, John Thorstad, Ryan Thorstad, Thomas Paul Thorstad, Betty Ann Thurman, Barbara Tingley, Richard L. Tingley, Russell Tingley, Stephen Tingley, Keysha Tolliver, Michael Toma, Mary Ann Turek, Karen Valenti, Anthony Vallone, Donald H. Vallone, Jr, Donald H. Vallone, Timothy Vallone, Leona Mae Vargas, Denise Voyles, AMANDA WULTZ, Ila Wallace, Kathyrn Thorstad Wallace, Richard J. Wallace, Bronzell Warren, Barbara Thorstad Warwick, Eric Glenn Washington, Linda Washington, Vancine Washington, Jessica Watson, Kenneth Watson, Audrey Webb, Andrew Wheeler, Benjamin Wheeler, Brenda June Wheeler, Danny Wheeler, Jonathan Wheeler, Kerry Wheeler, Diane Whitner, Darrin A. Wigglesworth, Daryl Wigglesworth, Dwayne Wigglesworth, Henry Wigglesworth, Mark Wigglesworth, Robyn Wigglesworth, Sandra Wigglesworth, Shawn Wigglesworth, Dianne Stokes Williams, Gussie Martin Williams, Janet Williams, Rhonda Williams, Rodney J. Williams, Ronald Williams, Ruth Williams, Scipio Williams, Jr, Scipio J. Williams, Wesley Williams, Delma Williams-Edwards, Jewelene Williamson, Johnny Williamson, Johnny Adam Williamson, Tony Williamson, Michael Winter, William Ellis Winter, Barbara Wiseman, Jill Wold, Phyllis Woodford, Joyce Woodle, Beverly Woolett, Paul Woolett, Donald Elberan Woollett, Melvina Stokes Wright, Patricia Wright, Craig Wyche, Glenn Wyche, John Wyche, James Young, Jeffrey D. Young, John F. Young, John W. Young, Judith Carol Young, Sandra Rhodes Young, Thomas D. Young, Joanne Zimmerman, Stephen Thomas Zone, Patricia Thorstad Zosso (Antar, Mark) (Entered: 04/29/2013)
ENDORSED LETTER addressed to Judge Katherine B. Forrest from Liviu Vogel dated 4/19/13 re: Counsel writes on behalf of all of the judgment creditor parties ("Plaintiffs") in response to defendant Banca UBAE S.p.A.'s submission concerning the Second Circuit's recent decision in In re Terrorist Attacks on September 11, 2001, 2013 U.S. App. LEXIS 7671 (2d Cir. Apr. 16, 2013) ("Terrorist Attacks II"). ENDORSEMENT: Ordered: Post to docket. (Signed by Judge Katherine B. Forrest on 4/22/2013) (mro) (Entered: 04/22/2013)
ENDORSED LETTER addressed to Judge Katherine B. Forrest from Ugo Colella dated 4/22/13 re: Counsel writes in response to the Plaintiffs' April 19, 2013 letter to the Court regarding UBAE's Notice of Supplemental Authority. This brief letter response is necessary because Plaintiffs make several factual assertions that are unsupported on this record or are otherwise jurisdictionally irrelevant as a matter of law. ENDORSEMENT: Ordered: Post to docket. (Signed by Judge Katherine B. Forrest on 4/22/2013) (mro) (Entered: 04/22/2013)
INTERNET CITATION NOTE: Material from decision with Internet citation re: 337 Order on Motion to Vacate, Order on Motion to Dismiss/Lack of Jurisdiction, Order on Motion for Partial Summary Judgment. (Attachments: # 1 Internet Citation, # 2 Internet Citation) (sj) (Entered: 04/11/2013)
REPLY MEMORANDUM OF LAW in Support re: 360 MOTION for Reconsideration re; 337 Order on Motion to Vacate, Order on Motion to Dismiss/Lack of Jurisdiction, Order on Motion for Partial Summary Judgment,,,,,,,,,,,,,,,,,,,,,,.. Document filed by Clearstream Banking, S.A.. (Wagner, Karen) (Entered: 04/04/2013)
Letter addressed to Judge Katherine B. Forrest from Nicole Erb dated 3/27/2013 re: Clearstream Banking, S.A. ("Clearstream") hereby addresses the question raised by the Court in its Order of March 18,2013 (ECF 372). All parties appear to agree that the only remaining claims against Clearstream are the common law tort claims asserted in Counts 7 and 8 of the Second Amended Complaint. These claims are based upon different legal theories than the claims asserted with regard to turnover that were at issue in the Court's February 28,2013 Opinion and Order on summary judgment ("Opinion"). Plaintiffs' common law claims are pled under New York law for tortious interference with collection of a money judgment (Count 7) and prima facie tort (Count 8). The elements of these claims are entirely different from those addressed by the Court in its Opinion, though Clearstream's contemplated motion to dismiss such claims may invoke legal theories that were addressed in the Opinion as further set forth herein. Separately, Plaintiffs rather cryptically refer to the fact that "many of the Plaintiffs" apparently have no remaining claims," yet suggest that some issues nevertheless remain. Clearstream does not know which Plaintiffs fall into this category, or how this conclusion was reached. Clearstream respectfully submits that, while Plaintiffs may have agreed amongst themselves as to how to distribute any ultimate turnover of the blocked assets at Citibank, which may have resulted in some plaintiffs being fully satisfied, Plaintiffs' agreement does not constitute priority as a matter of law for purposes of determining which Plaintiffs will have had their judgments satisfied through turnover of the blocked assets at Citibank and therefore lack standing to raise direct claims against Clearstream and/or seek further satisfaction of their judgments. Clearstream believes defendants are entitled. to information concerning these matters. As a final note of clarification, Clearstream notes that there is no "$250 million in remaining assets" to be addressed. The security entitlements valued at $250 million at issue in Plaintiffs' common law tort claims were sold in March 2008 to purchasers for value? In June 2008, Judge Koeltl vacated the restraints on the ISINs to which these entitlements related because Bank Markazi held no interests relating these ISINs. Accordingly, there is no res that is restrained, blocked, or extant with respect to those entitlements. (ago) (Entered: 03/29/2013)
Letter addressed to Judge Katherine B. Forrest from Liviu Vogel dated 3/27/2013 re: Plaintiff's counsel writes In accordance with the Court's order dated March 18, 2013, the Peterson Plaintiffs, on behalf of all judgment creditors, submit this letter concerning how the legal issues related to theremaining common law claims regarding the $250 million in assets implicated by those claims differ from the legal issues relevant to the claims at issue in the Court's summary judgment decision, dated February 28, 2013.There are four remaining claims asserted in Peterson's Second Amended Complaint.* The Second and Third Counts are for fraudulent conveyance. The Seventh Count is for tortious interference with collection of money judgment and the Eighth Count is for prima facie tort. Plaintiffs assert the remaining claims against Clearstream and UBAE only; whereas, Plaintiffsasserted the claims decided by the Court on summary judgment against all defendants, includingCitibank, Markazi and Iran as further set forth herein. None of the foregoing issues were relevant to the turnover claims already decided by the Court in its grant of partial summary judgment to the Plaintiffs. I also note that many of the Plaintiffs in this action do not assert any claims that remain unresolved following the Court's summary judgment decision. Insofar as those Plaintiffs are concerned, the remaining issues are obviously entirely different from those the Court has already resolved. (ago) (Entered: 03/29/2013)
Letter addressed to Judge Katherine B. Forrest from David M. Lindsey, James M. Hosking, and Andreas A.Frischknecht dated 3/27/2013 re: Counsel for defendant writes concerning Your Honor's instruction that the Court "would like additional submissions as to whether the common law claims regarding the $250 million in remaining assets involve similar or different legal issues from the claims at issue in the Court's recent decision on summary judgment." (Dkt. # 372).It is our understanding that the Court's reference to common law claims is directed at the common law tort claims asserted in Counts 7 and 8 of the Second Amended Complaint. Plaintiffs have not named Bank Markazi as a defendant with respect to those claims, and Bank Markazi accordingly takes no position concerning the nature of the legal issues the Court will need to resolve in connection with those claims(js) (Entered: 03/29/2013)
Letter addressed to Judge Katherine B. Forrest from Ugo Colella dated 3/27/2013 re: Accordingly, material elements of the remaining causes of action alleged against UBAE must be resolved, among other issues. On that score, UBAE has not yet responded to the Second Amended Complaint, which is the operative pleading in this case. UBAE's response was stayed by Court Order dated November 28, 2011. See ECF No. 157, 8 (UBAE's response to the Second Amended Complaint or any other pleading is stayed until the motions described in Paragraphs 3-4 of this Order are decided and until further order by the Court.). As set forth in the parties proposed schedule, UBAE intends to move to dismiss the remaining common law claims because they are deficient as a matter of law. Document filed by Banca UBAE SpA.(js) Modified on 3/29/2013 (js). (Entered: 03/29/2013)
Letter addressed to Judge Katherine B. Forrest from Liviu Vogel dated 3/27/2013 re: In accordance with the Court's order dated March 18, 2013, the Peterson Plaintiffs, on behalf of all judgment creditors, submit this letter concerning how the legal issues related to the remaining common law claims regarding the $250 million in assets implicated by those claims differ from the legal issues relevant to the claims at issue in the Court's summary judgment decision, dated February 28, 2013.. (js) (Entered: 03/29/2013)
Letter addressed to Judge Katherine B. Forrest from Sharon L. Schneier dated 3/27/2013 re: This firm represents Citibank, N.A. ("Citibank") in this action. I write in response to this Court's Order of March 18, 2013 (ECF No. 372), to advise the Com1that Citibank is not a party to Counts 7 and 8 of the Second Amended Complaint, which the parties agree are the only remaining claims in this proceeding, and hence takes no position with respect to any legal issues remaining before the Court with respect to those claims. Document filed by Citibank, N.A.(js) (Entered: 03/29/2013)
NOTICE OF APPEAL from 367 Memorandum & Opinion,,,, 337 Order on Motion to Vacate, Order on Motion to Dismiss/Lack of Jurisdiction, Order on Motion for Partial Summary Judgment,,,,,,,,,,,,,,,,,,,,,,. Document filed by Bank Markazi, the Central Bank of Iran. Filing fee $ 455.00, receipt number 0208-8370968. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Lindsey, David) (Entered: 03/29/2013)
DECLARATION of Liviu Vogel in Opposition re: 365 MOTION for Reconsideration re; 337 Order on Motion to Vacate, Order on Motion to Dismiss/Lack of Jurisdiction, Order on Motion for Partial Summary Judgment,,,,,,,,,,,,,,,,,,,,,,.. Document filed by Deborah D. Peterson. (Attachments: # 1 Exhibit A)(Vogel, Liviu) (Entered: 03/28/2013)
REPLY MEMORANDUM OF LAW in Support re: 329 MOTION to Intervene.. Document filed by Estate of Daniel Wultz, AMANDA WULTZ, SHERYL WULTZ, YEKUTIEL WULTZ. (Sneider, Jaime) (Entered: 03/22/2013)
ENDORSED LETTER addressed to Judge Katherine B. Forrest from Lee S. Wolosky dated 3/21/2013 re: We represent the Estate of Daniel Wultz, Sheryl Wultz, Yekutiel "Tuly" Wultz, and Amanda Wultz (collectively, the "Wultzes"). We write to request access to the sealed pleadings and papers filed in this case in order to complete the Wultzes' reply to the Peterson Plaintiffs' opposition to their motion to intervene in this case. Access to the sealed material is necessary in order to address fully the arguments the Peterson Plaintiffs raised in their opposition. Accordingly, the Court should grant the Wultzes access to the sealed pleadings and papers filed in this case. The Wultzes qualify for access under Paragraphs 5(a) and (e) of the Protective Order. They need access to the materials in order to respond to the Peterson Plaintiffs' arguments that expressly rely on sealed materials unavailable to the Wultzes. OFAC has no objection to our being given access to the sealed material, and we have agreed to be bound by the Protective Order. Consistent with the Court's endorsement of my March 14, 2013 letter, the Wultzes will be prepared to file their reply within three business days after gaining access to the sealed pleadings and papers. ENDORSEMENT: ORDERED: Counsel misread the Court's endorsement on its letter of March 14, 2013. The deadline for the reply brief expired today, 3/21. Counsel may submit the reply not later than 6:00 p.m. tomorrow, March 22, 2013. Counsel is granted access to the sealed pleadings in this case for the purpose of compiling the reply brief. 3/21/13. (Signed by Judge Katherine B. Forrest on 3/21/2013) (ago) (Entered: 03/22/2013)
ENDORSED LETTER addressed to Judge Katherine B. Forrest from Liviu Vogel dated 3/20/2013 re: am writing to advise the Court about the schedule that the parties have agreed upon for additional submissions as to whether the common law claims regarding the $250 million in remaining assets involve similar or different legal issues from the claims at issue in the Court's recent decision on summary judgment. The parties will exchange draft letters by 5:00 pm on March 25,2013, and then submit one or more letters to the Court by 5:00 pm on March 27,2013. ENDORSEMENT: ORDERED. Schedule on additional submissions regarding common law claims shall proceed as requested. The parties shall submit such letters not later than March 27, 2013 at 5:00 p.m.. (Signed by Judge Katherine B. Forrest on 3/21/2013) (ago) (Entered: 03/21/2013)
Letter addressed to Judge Katherine B. Forrest from David M. Lindsay dated 3/15/2013 re: This firm represents Defendant Bank Markazi, the Central Bank of Iran ("Bank Markazi") in the above captioned action. I write concerning the letter submitted today on behalf of Defendant Clearstream Banking, S.A. ("Clearstream") setting forth a proposed schedule for the matters that remain to be resolved in this action pursuant to the Court's February 28, 2013 Order (Dkt. # 337). We understand that the other Parties will be submitting separate letters. We have no objection to Clearstream's proposed schedule. However, Bank Markazi wishes to make clear its position that Plaintiffs are not entitled to turnover of the blocked assets at issue in this case (the "Blocked Assets") under United States law or international law. In the event that the Court issues a judgment pursuant to Fed. R. Civ. P. 54(b) and/or an order for turnover of the Blocked Assets, Bank Markazi will seek a stay of execution with respect to any such judgment and/or turnover order pending exhaustion of all opportunities for relief on direct review. Document filed by Bank Markazi, the Central Bank of Iran.(ago) (Entered: 03/18/2013)
Letter addressed to Judge Katerine B. Forrest from Ugo Colella dated 3/15/2013 re: We are counsel to Defendant Banca UBAE S.p.A. ("UBAE") in the above-referenced matter. We write pursuant to the order dated February 28, 2013 (ECF No. 337) in which the Court directed the parties to submit proposed schedules regarding resolving the remainder of the case. UBAE joins in the schedule proposed by Clearstream Banking, S.A. ("Clearstream"), but proposes the following additions. First, in the event that turnover is ultimately ordered, UBAE also will propose an order requesting discharge, along with Clearstream and Citibank. Second, UBAE currently is open to considering a Rule 54(b) Order, and it reserves its right to review and comment on any proposed order so that it may preserve its jurisdictional defenses as this litigation continues. UBAE otherwise joins Clearstream's proposed schedule as well as Clearstream's request to stay discovery while anticipated motions to dismiss are pending. Document filed by Banca UBAE SpA.(ago) (Entered: 03/18/2013)
Letter addressed to Judge Katerine B. Forrest from Nicole Erb dated 3/15/2013 re: On behalf of Clearstream Banking, S.A. (Clearstream,), and pursuant to the Court's Order of February 28, 2013 (ECF 337), we write regarding the proposed schedule to resolve the remainder of the case. Defendants and Plaintiffs exchanged proposed schedules and then conferred by telephone. The Parties decided to set forth their areas of agreement and disagreement to the Court, including by separate letters if necessary. We note below what we believe are the points of disagreement between Clearstream and Plaintiffs. We understand that the other Parties will be Submitting separate letters. Plaintiffs have indicated they would agree to a stay of turnover pending appeal if the restrained blocked assets to be turned over were lodged with the Court. Clearstream does not oppose lodging the assets with the Court but will propose that, if Clearstream is successful in its claim to the assets that they be returned to Clearstream. Appeals will be taken from the Rule 54(b) Order entered by the Court. Clearstream will move to dismiss remaining claims against Clearstream 4 weeks after entry of Rule 54(b) Order. Clea:rstream proposes that discovery will be stayed pending a ruling on the motion to dismiss as it does not make sense to undertake discovery until a decision on the cognizability of Plaintiffs' claims. Should plaintiffs object, we request the opportunity to brief the matter. Document filed by Clearstream Banking, S.A..(ago) (Entered: 03/18/2013)
Letter addressed to Judge Katherine B. Forrest from Sharon L. Schneier dated 3/15/2013 re: This firm represents Citibank, N.A. ("Citibank") in this action. l write concerning the proposed schedule for the matters that remain to be resolved in this action pursuant to the Court'sFebruary 28,2013 Order (Dkt. No. 337). As the Court noted in its February 28, 2012 Opinion and Order (Dkt. No. 367), "Citibank is a stakeholder without interest in the ultimate outcome of this dispute. lts interest is inresolution of ownership of funds held in the account so that it may, if and when requested, ensure that the funds are appropriately disbursed." ld. at 2. In that regard, and shortly after the Court issues a decision on the motions for reconsideration, Citibank intends to submit a proposed order which will provide, in general, for the immediate deposit of the assets that are the subject of the Court's Opinion and Order into the Registry of the Court, a discharge of Citibank of any further liability with respect to those funds, and dismissal of Citibank from this lawsuit. See Weininger v. Castro, 462 F. Supp.2d 457 (S.D.N.Y. 2006); Levin v. Bank of New York, et al., 09 Civ. 5900(RPP) (Dkt. No. 412); Rux v. ABN-AMRO Bank, N. V. et al., 08 Civ. 6588 (AKH) (Dkt. No. 213). As had been discussed by the other Parties-- and we understand this to be a point of agreement between them -- the proposed order will also provide for entry of judgment pursuant to Fed. R.Civ. P. 54(b). Finally. because the remaining claims asserted in the Second Amended Complaint are not alleged against Citibank it is not submitting a schedule with respect to resolution of those claims. Document filed by Citibank, N.A.(ago) (Entered: 03/18/2013)
ENDORSED LETTER addressed to Judge Katherine B. Forrest from Liviu Vogel dated 3/15/2013 re: Counsel for Peterson plaintiffs writes to notify the Court taht the parties have agreed to the following briefing schedule on the Defendants' Motions for Reconsideration. ENDORSEMENT: ORDERED: 1. Briefing on the motions for reconsideration shall proceed on the plaintiffs' schedule set forth herein. 2. The Court would like additional submissions as to whether the common law claims regarding the $250 million in remaining assets involve similar or different legal issues from the claims at issue in the Court's recent decision on summary judgment. The parties shall confer on a quick schedule for that and submit joint or separate papers. (Letters on that topic are ok.) 3. The stay of discovery as to the common law action is lifted. 4. The Court will issue a separate order on scheduling of remaining discovery. ( Motions due by 3/14/2013. Responses due by 3/28/2013, Replies due by 4/4/2013.) (Signed by Judge Katherine B. Forrest on 3/18/2013) (ago) (Entered: 03/18/2013)
ENDORSED LETTER addressed to Judge Katherine B. Forrest from Liviu Vogel dated 3/15/2013 re: Counsel write on behalf of all the judgment creditors in this action, to address an inaccuracy in the letter dated 3/14/2013 from counsel for the Wultz parties concerning my consent to a 3 day extension to file a reply brief in support of the motion to intervene. ENDORSEMENT: Ordered. Post to docket. (Signed by Judge Katherine B. Forrest on 3/15/2013) (tro) (Entered: 03/18/2013)
ENDORSED LETTER addressed to Judge Katherine B. Forrest from Sharon L. Schneier dated 3/15/2013 re: Counsel for Citibank write concerning the proposed schedule for the matter that remain to be resolved in this action pursuant to the Court's 2/28/2013 Order (Dkt. No. 337). ENDORSEMENT: Ordered. Post to docket. (Signed by Judge Katherine B. Forrest on 3/15/2013) (tro) (Entered: 03/18/2013)
ENDORSED LETTER addressed to Judge Katherine B. Forrest from Ugo Colella dated 3/15/13 re: Counsel for defendant Banca UBAE S.p.A. joins in the schedule proposed by Clearstream Banking, S.A., but also proposes the additions listed herein. ENDORSEMENT: Ordered: Post to docket. (Signed by Judge Katherine B. Forrest on 3/15/2013) (mro) (Entered: 03/18/2013)
ENDORSED LETTER addressed to Judge Katherine B. Forrest from Lee S. Wolosky dated 3/14/2013 re: Pursuant to Rule 1.0 of the Court's Individual Practices in Civil Cases, the Wultzes, therefore, ask the Court for a brief extension of time to enter into the Protective Order, gain access to the sealed documents, and complete their Reply. The Reply is currently due on March 18,2013. The Wultzes ask the Court to extend the time for filing the Reply to three business days after they are able to access the sealed documents in this case. This is the first request for an extension of time to file the Wultzes' Reply. ENDORSEMENT: Ordered. 3-day extension granted. (Signed by Judge Katherine B. Forrest on 3/15/2013) (ago) (Entered: 03/15/2013)
OPINION AND ORDER: For these reasons and set forth more fully above, the following motions are DENIED: UBAE's Motion to Dismiss; Clearstream's Motion to Dismiss; Bank Markazi's Motion to Dismiss; Clearstream's Motion to Vacate the Restraints and Renewed Motion to Vacate the Restraints; For the reasons set forth above, the following motions are GRANTED: Plaintiffs' Motion for Partial Summary Judgment; The Bland judgment creditors' motion for execution; The parties shall confer and jointly and, not later than March 15, 2013, submit a proposed schedule to resolve the remainder of the case. If the parties are unable to agree, they shall set forth in a letter by the same date the matters and issues which they believe remain to be resolved and each party's proposed schedule. The Clerk of Court is directed to close the motions at ECF Nos. 174, 205, 209, 295, 299 (under seal), 301, and 305 (under seal). (Signed by Judge Katherine B. Forrest on 2/28/2013) (This document was originally filed under seal in envelope #340 and unsealed on 2/28/2013.) (ft) Modified on 3/14/2013 (ft). Modified on 3/20/2013 (ft). (Entered: 03/14/2013)
367
Filed: 2/28/2013, Entered: None
OPINION AND ORDER: For these reasons and set forth more fully above, the following motions are DENIED: UBAE's Motion to Dismiss; Clearstream's Motion to Dismiss; Bank Markazi's Motion to Dismiss; Clearstream's Motion to Vacate the Restraints and Renewed Motion to Vacate the Restraints; For the reasons set forth above, the following motions are GRANTED: Plaintiffs' Motion for Partial Summary Judgment; The Bland judgment creditors' motion for execution; The parties shall confer and jointly and, not later than March 15, 2013, submit a proposed schedule to resolve the remainder of the case. If the parties are unable to agree, they shall set forth in a letter by the same date the matters and issues which they believe remain to be resolved and each party's proposed schedule. The Clerk of Court is directed to close the motions at ECF Nos. 174, 205, 209, 295, 299 (under seal), 301, and 305 (under seal). (Signed by Judge Katherine B. Forrest on 2/28/2013) (This document was originally filed under seal in envelope #340 and unsealed on 2/28/2013.) (ft) Modified on 3/14/2013 (ft). (Entered: 03/14/2013)
CERTIFICATE OF SERVICE of Notice of Motion for Reconsideration; Memorandum of Law in Support of Motion for Reconsideration on March 14, 2013. Document filed by Banca UBAE SpA. (Zefutie, John) (Entered: 03/14/2013)
MOTION for Reconsideration re; 337 Order on Motion to Vacate, Order on Motion to Dismiss/Lack of Jurisdiction, Order on Motion for Partial Summary Judgment,,,,,,,,,,,,,,,,,,,,,,. Document filed by Banca UBAE SpA.(Zefutie, John) (Entered: 03/14/2013)
ENDORSED LETTER addressed to Judge Katherine B. Forrest from John W. Karr dated 3/13/2013 re: Counsel for respondents, counterclaimants and cross-defendants writes our clients, Elizabeth Murphy, Armando Ybarra, Estate of Terrance Rich, John L'Heureux, Kerry L'Heureux, Jane L'Heureux, Mary Wells, and Bryan Harris (hereinafter the "Murphy Judgment Creditors") will, with leave of Court, join in [Dkt. #352] Plaintiffs' Memorandum OfLaw in Opposition to Motion to Intervene [Dkt #329], Pursuant to the Scheduling Order of January 16, 2013 [Dkt #312], and Order of May 24, 2012 [Dkt #222] (Paragraph 3). ENDORSEMENT: Ordered. Post to docket. (Signed by Judge Katherine B. Forrest on 3/13/2013) (ago) (Entered: 03/14/2013)
MEMORANDUM OF LAW in Support re: 360 MOTION for Reconsideration re; 337 Order on Motion to Vacate, Order on Motion to Dismiss/Lack of Jurisdiction, Order on Motion for Partial Summary Judgment,,,,,,,,,,,,,,,,,,,,,,. REDACTED. Document filed by Clearstream Banking, S.A.. (Wagner, Karen) (Entered: 03/13/2013)
MOTION for Reconsideration re; 337 Order on Motion to Vacate, Order on Motion to Dismiss/Lack of Jurisdiction, Order on Motion for Partial Summary Judgment,,,,,,,,,,,,,,,,,,,,,,. Document filed by Clearstream Banking, S.A..(Wagner, Karen) (Entered: 03/13/2013)
ORDER: The Court has reviewed defendants' joint submission requesting certain redactions of the Court's Opinion and Order of February 28, 2013, currently filed under temporary seal. (ECF No. 340.) Plaintiffs did not file a redaction request. Defendants seek the redactions pursuant to a protective order entered by Judge Royce Lamberth of the U.S. District Court for the District of Columbia on June 11, 2008. See Protective Order ("2008 Protective Order"), Peterson, et al. v. Islamic Republic of Iran, et al., No. 01 Civ. 2094 (RCL)(D.D.C. June 11, 2008), ECF No. 326. As such, the Court hereby ORDERS the Opinion and Order of Feb. 28, 2013, to be unsealed in its full, unredacted form. The remaining documents filed under seal in this action shall remain under seal pending further order of the Court. The Clerk of Court is directed to unseal the Opinion and Order at ECF No. 340. (Signed by Judge Katherine B. Forrest on 3/12/2013) (mro) (Entered: 03/13/2013)
354
Filed: 3/11/2013, Entered: None
SEALED DOCUMENT placed in vault.(mps) (Entered: 03/12/2013)
ORDER: The Court will issue a ruling on the Wultz judgment creditors' pending motion for intervention shortly. (ECF No. 329.) The Court requests that, not later than Thursday, March 14, 2013, the Wultz creditors submit a letter (via PDF email attachment to ForrestNYSDChambers@nysd.uscourts.gov, copying all counsel) clarifying whether they assert any common law claims against defendants in this action (e.g., fraudulent conveyance) related to the $250 million in assets that were not the subject of the Court's February 28 Opinion and Order. (Signed by Judge Katherine B. Forrest on 3/12/2013) (mro) (Entered: 03/12/2013)
BRIEF with Respect to Proposed Redactions of the Court's February 28, 2013 Opinion and Order. Document filed by Citibank, N.A.. (Attachments: # 1 Exhibit 1)(Schneier, Sharon) (Entered: 03/11/2013)
MEMORANDUM OF LAW in Opposition re: 209 FIRST MOTION for Partial Summary Judgment. REDACTED. Document filed by Banca UBAE SpA. (Zefutie, John) (Entered: 03/11/2013)
MEMO ENDORSEMENT ON NOTICE OF MOTION TO EXPEDITE BRIEFING SCHEDULE: ENDORSEMENT: Ordered. Motion denied. Briefing shall be on the schedule established by local rule. No compelling reason to expedite. The case is ongoing. The Clerk of Court is directed to close the motion at ECF No. 338. (Signed by Judge Katherine B. Forrest on 3/6/2013) (ago) (Entered: 03/06/2013)
MEMORANDUM OF LAW in Opposition re: 338 MOTION to Expedite Motion to Intervene.. Document filed by Deborah D. Peterson. (Vogel, Liviu) (Entered: 03/05/2013)
DECLARATION of Liviu Vogel in Opposition re: 338 MOTION to Expedite Motion to Intervene.. Document filed by Deborah D. Peterson. (Vogel, Liviu) (Entered: 03/05/2013)
ENDORSED LETTER addressed to Judge Katherine B. Forrest from Ugo Colella dated 3/4/2013 re: Defense counsel for Banca UBAE S.p.A writes respect to the Court's March 1, 2013 order (ECF No. 342) directing the parties to submit proposed redactions to the February 28 Opinion and Order by close of business, Wednesday, March 6. Defendants respectfully request a short extension of time to submit their joint proposed redactions to and including Monday, March 11, 2013 so that they may have time to confer and present a joint proposal for the Court's convenience. All Defendants join this request. We have contacted Plaintiffs' counsel, Liviu Vogel, Esq., and Mr. Vogel has consented to this request. ENDORSEMENT: Ordered: Extension to 3/11/13 granted. All parties should be aware that the Court may well not accept requested designations under seal. The Court shall consider the requests. The court does not believe anything in the opinion "jumps off the page" as confidential -- but the parties may argue their views. (Signed by Judge Katherine B. Forrest on 3/4/2013) (ago) (Entered: 03/05/2013)
ORDER: The parties shall submit any requests for redaction of the Court's Opinion and Order of February 28,2013 (ECF No. 340), not later than Wednesday, March 6, 2013 at 5:00 p.m. The requests should take the form of a brief that includes the proposed redactions marked over the text of the Opinion and Order. The original deadline of March 15, 2013 for the redaction briefs, set by the Court in its Order of February 28, 2013 (ECF No. 337), was in error. (Signed by Judge Katherine B. Forrest on 3/1/2013) (ago) (Entered: 03/04/2013)
ORDER: Any party wishing to submit a response to the Wultz judgment creditors' motion to expedite the briefing schedule on their motion to intervene (ECF No. 338) shall do so no later than C.O.B. Tuesday, 3/5/2013. No reply brief should be filed. Set Deadlines/Hearing as to 338 MOTION to Expedite Motion to Intervene: (Responses due by 3/5/2013). (Signed by Judge Katherine B. Forrest on 3/1/2013) (tro) (Entered: 03/01/2013)
MEMORANDUM OF LAW in Support re: 338 MOTION to Expedite Motion to Intervene.. Document filed by Estate of Daniel Wultz, AMANDA WULTZ, SHERYL WULTZ, YEKUTIEL WULTZ. (Sneider, Jaime) (Entered: 02/28/2013)
MOTION to Expedite Motion to Intervene. Document filed by Estate of Daniel Wultz, AMANDA WULTZ, SHERYL WULTZ, YEKUTIEL WULTZ.(Sneider, Jaime) (Entered: 02/28/2013)
ORDER denying 174 Motion to Vacate ; denying 205 Motion to Dismiss for Lack of Jurisdiction; granting 209 Motion for Partial Summary Judgment; denying 295 Motion to Dismiss; denying 301 Motion to Dismiss. The parties shall confer and jointly and, not later than March 15, 2013, submit a proposed schedule to resolve the remainder of the case. If the parties are unable to agree, they shall set forth in a letter by the same date the matters and issues which they believe remain to be resolved and each party's proposed schedule. In addition, the Court intends to post the full Opinion and Order to the public docket and believes no redactions are necessary. As such, not later than March 15, 2013, the parties shall submit an additional letter stating which portions, if any, of the Court's February 28, 2013, Opinion and Order they believe should be redacted before the document is posted to the public docket. The Clerk of Court is directed to close the motions at ECF Nos. 174, 205, 209, 295, 299 (under seal), 301, and 305 (under seal). (Signed by Judge Katherine B. Forrest on 2/28/2013) (tro) (Entered: 02/28/2013)
AFFIDAVIT OF SERVICE. Service was accepted by Acelina Santa Rosa. Document filed by Deborah D. Peterson(Personal Representative of the Estate of James C. Knipple (Dec.)). (Grewal, Annureet) (Entered: 02/26/2013)
AFFIDAVIT OF SERVICE. Bank Markazi, the Central Bank of Iran served on 12/12/2010, answer due 2/10/2011. Service was accepted by Azizi. Service was made by DHL Express Worldwide Courier Service. Document filed by Deborah D. Peterson. (Grewal, Annureet) (Entered: 02/26/2013)
ENDORSED LETTER addressed to Judge Katherine B. Forrest from Liviu Vogel dated 2/22/2013 re: Counsel for the Peterson Judgment Creditors write to inform the court and the other parties that the judgment creditors do not intend to submit any reply to the papers submitted in support of UBAE's opposition to the Plaintiffs' motion for partial summary judgment (ECF No. 328). ENDORSEMENT: Ordered. Post to docket. (Signed by Judge Katherine B. Forrest on 2/26/2013) (tro) Modified on 2/27/2013 (tro). (Entered: 02/26/2013)
MEMORANDUM OF LAW in Support re: 329 MOTION to Intervene.. Document filed by Estate of Daniel Wultz, AMANDA WULTZ, SHERYL WULTZ, YEKUTIEL WULTZ. (Attachments: # 1 Exhibit)(Sneider, Jaime) (Entered: 02/25/2013)
ENDORSED LETTER addressed to Judge Katherine B. Forrest from Ugo Colella dated 2/21/2013 re: Counsel to Defendant Banca UBAE S.p.A. writes in response to the Court's February 14, 2013 Order directing UBAE to submit via ECF its opposition to the Plaintiffs' motion for partial summary judgment. Because the memoranda of law and Rule 56.1 statements filed by the Plaintiffs to which UBAE must respond are currently under seal, and no redacted version is available on the docket, UBAE is unable to determine what information should be redacted from its summary judgment papers. In addition, the scope of redactions was previously raised before Judge Gorenstein in a March 2012 status conference, but the parties were never able to reach resolution of that issue. Accordingly, UBAE respectfully requests that it be permitted to file its opposition papers to the Plaintiffs' partial summary judgment motion pursuant to the usual protocol (i.e., under seal with courtesy copies to the Court) until such time as the Court and the parties come to an agreement on what information should and should not be redacted from the pleadings filed in this case. ENDORSEMENT: Ordered. Defendant UBAE should file its papers under seal; it may have 15 days to determine what information. should be redacted, if any, thus, not later than March 11, 2013, it shall file an unredacted version on the public docket. [UBAE should view Clearstreams brief filed on 7/11/12, docket no. 261 for some guidance]. (Signed by Judge Katherine B. Forrest on 2/21/2013) (ago) (Entered: 02/21/2013)
ENDORSED LETTER addressed to Judge Katherine B. Forrest from Ugo Colella dated 2/15/2013 re: Further, because UBAE was not required to respond to Plaintiffs' partial summary judgment motion, it had not taken a position on the merits of that motion; the bank therefore needs a modest amount of additional time to formulate and respond to the motion and the Plaintiffs' Rule 56.1 statement of undisputed facts. ENDORSEMENT: ORDERED: Application Granted. Extension to 2/22/2013 at C.O.B., ( Responses due by 2/22/2013) (Signed by Judge Katherine B. Forrest on 2/15/2013) (ama) (Entered: 02/15/2013)
ORDER: Not later than the close of business on Tuesday, February 19, 2013, defendant Banca UBAE S.p.A. shall submit (via ECF, with two hard copies to follow) any argument(s) in opposition to plaintiffs' motion for partial summary judgment (ECF No. 209) and/or shall indicate any argument(s) made by other parties in which it joins. For the purposes of its argument(s), UBAE should assume that the Court finds sufficient bases to exercise personal jurisdiction over it (the Court's decision shall be contained in an order to issue shortly). (Signed by Judge Katherine B. Forrest on 2/14/2013) (ft) (Entered: 02/14/2013)
ENDORSED LETTER addressed to Judge Katherine B. Forrest from John W. Karr dated 2/14/2013 re: Pursuant to the Scheduling Order of January 16, 2013 [Dkt #312], and Order of May 24, 2012 [Dkt #222] (3), the Murphy Judgment Creditors will, with leave of Court, join in the materials filed on behalf of plaintiffs Deborah D. Peterson, et at, opposing the motion to dismiss of defendant UBAE pursuant to Rule 12(b)(2). ENDORSEMENT: Ordered: Post to docket. (Signed by Judge Katherine B. Forrest on 2/14/2013) (ft) (Entered: 02/14/2013)
CERTIFICATE OF SERVICE of Plaintiffs' Memorandum of Law in Opposition to UBAE's Motion to Dismiss, Declaration of Liviu Vogel in Opposition to UBAE's Motion to Dismiss with Exhibits A through N. served on All Counsel of Record on January 4, 2013. Service was made by Electronic Mail. Document filed by Deborah D. Peterson(Personal Representative of the Estate of James C. Knipple (Dec.)). (Grewal, Annureet) (Entered: 02/11/2013)
ORDER: The Court wishes to inform the parties in the above-captioned matter that it expects to issue an Opinion and Order on the pending motions shortly, however such Opinion and Order will not be released prior to the end of January. (Signed by Judge Katherine B. Forrest on 1/31/2013) (ago) (Entered: 01/31/2013)
MEMO ENDORSEMENT on re: 318 Notice (Other) filed by Abkir Associates, LLC: The Clerk of Court is directed to close the motion at ECF No. 311., Motions terminated: 311 THIRD PARTY MOTION to Intervene filed by Abkir Associates, LLC. (Signed by Judge Katherine B. Forrest on 1/25/2013) (lmb) (Entered: 01/28/2013)
ENDORSED LETTER addressed to Judge Katherine B. Forrest from John W. Karr dated 01/23/2013 re: We represent Elizabeth Murphy, Armando Ybarra, Estate of Terrance Rich, John L'Heureux, Kerry L'Heureux, Jane L'Heureux, Mary Wells, and Bryan Harris (hereinafter the "Murphy Judgment Creditors"). Pursuant to the Scheduling Order of January 16, 2013 (Dkt #312), and Order of May 24, 2012 (Dkt #222)(3), the Murphy Judgment Creditors will, with leave of Court, join in the Plaintiffs' Memorandum of Law filed on behalf of the Peterson Plaintiffs (Dkt #314) opposing the Motion to Intervene of Abkir Associates, LLC. ENDORSEMENT: ORDERED: Post on Docket. (Signed by Judge Katherine B. Forrest on 01/25/2013) (jcs) (Entered: 01/25/2013)
NOTICE of Withdrawal of Third Party Petition to Intervene re: 311 THIRD PARTY MOTION to Intervene.. Document filed by Abkir Associates, LLC. (Speier, Scott) (Entered: 01/25/2013)
ENDORSED LETTER addressed to Judge Katherine B. Forrest from Sharon L. Schneier dated 1/23/2013 re: We represent Citibank, N.A. ("Citibank") in the above captioned action. We write in response to the Court's Order dated January 16, 2013 with respect to the third-party petition of Abkir Associates to intervene in this proceeding. ENDORSEMENT: 1. The Clerk shall post this letter to the docket. 2. Provide the Court with a proposed order not later than C.O.B. 1/28/13. (Signed by Judge Katherine B. Forrest on 1/24/2013) (lmb) (Entered: 01/24/2013)
Letter addressed to Judge Katherine B. Forrest from John W. Karr dated 1/23/2013 re: We represent Elizabeth Murphy, Armando Ybarra, Estate of Terrance Rich, John L'Heureux, Kerry L'Heureux, Jane L'Heureux, Mary Wells, and Bryan Harris (hereinafter the "Murphy Judgment Creditors"). Pursuant to the Scheduling Order of January 16, 2013 [Dkt #312], and Order of May 24, 2012 [Dkt #222] (3), the Murphy Judgment Creditors will, with leave of Court, join in the Plaintiffs' Memorandum of Law filed on behalf of the Peterson Plaintiffs [Dkt #314] opposing the Motion to Intervene of Abkir Associates, LLC. Document filed by Estate of Terrance Rich, Bryan Harris, Jane L'Heureux, John E. L'Heureux, Kerry L'Heureux, Elizabeth Murphy, Mary Wells, Armando J. Ybarra.(lmb) (Entered: 01/24/2013)
ENDORSED LETTER addressed to Judge Katherine B. Forrest from James L. Bernard dated 1/15/2013 re: In short, the Greenbaum and Acosta Judgment Creditors properly opposed UBAE's motion to dismiss and have not waived any arguments with respect thereto. ENDORSEMENT: Ordered: Letter placed on docket. Greenbaum + Acosta Judgment conditions are deemed to have opposed UBAE's motion to dismiss. (Signed by Judge Katherine B. Forrest on 1/16/2013) (ft) (Entered: 01/16/2013)
ORDER: Any parties wishing to support or oppose the third-party petition of Abkir Associates, LLC, to intervene in the above-captioned matter (ECF No. 311) may file a brief of no more than ten pages no later than Wednesday, January 23, 2013. Responses due by 1/23/2013. (Signed by Judge Katherine B. Forrest on 1/16/2013) (ft) (Entered: 01/16/2013)
THIRD PARTY MOTION to Intervene. Document filed by Abkir Associates, LLC. (Attachments: # 1 Text of Proposed Order Proposed Order)(Speier, Scott) (Entered: 01/14/2013)
REPLY to Response to Motion re: 301 MOTION to Dismiss / Amended Notice of Motion to Dismiss., 295 MOTION to Dismiss / Notice of Motion to Dismiss the Second Amended Complaint. / Clearstream's Reply to Plaintiffs' Opposition to Clearstream's Motion to Dismiss Pursuant to Rule 12(B)(2) 306 RESPONSE in Opposition. Document filed by Clearstream Banking, S.A.. (Erb, Nicole) (Entered: 01/11/2013)
NOTICE of Joinder in Brief. Document filed by Estate of Terrance Rich, Bryan Harris, Jane L'Heureux, John E. L'Heureux, Kerry L'Heureux, Elizabeth Murphy, Mary Wells, Armando J. Ybarra. (Karr, John) (Entered: 01/08/2013)
RESPONSE in Opposition re: 301 MOTION to Dismiss / Amended Notice of Motion to Dismiss., 295 MOTION to Dismiss / Notice of Motion to Dismiss the Second Amended Complaint.. Document filed by Deborah D. Peterson. (Vogel, Liviu) (Entered: 01/04/2013)
ENDORSED LETTER addressed to Judge Katherine B. Forrest from Nicole Erb and Frank Panopoulos dated 12/18/2012 re: Our firm represents Clearstream Banking, S.A. ("Clearstream") in the above-referenced turnover action. In accordance with Rule 1A of Your Honor's Individual Practices in Civil Cases, we write with respect to (1) Plaintiffs' Supplemental Reply Memorandum of Law in Support of Their Motion for Partial Summary Judgment dated December 3, 2012 ("Supplemental Reply") and (2) Plaintiffs' letter to the Court dated December 14, 2012, accompanying their submission of further documents supporting their claim of personal jurisdiction over Clearstream. ENDORSEMENT: Ordered. Sur-reply accepted. (Signed by Judge Katherine B. Forrest on 12/19/2012) (ago) (Entered: 12/20/2012)
Letter addressed to Judge Katherine B. Forrest from Sharon L. Schneier dated 12/14/2012 re: Counsel for Defendant Citibank N.A. writes that the June 27, 2011 Order Authorizing Third-Party Interpleader Complaints and/or Petitions, Citibank has filed Interpleader Petitions in response to the Second Amended Complaint to bring before the Court other parties who may wish to have an opportunity to participate in these proceedings. Because any legal issues relating to the turnover claims in the Second Amended Complaint (the only claims against Citibank) have been or are being raised and briefed by the other parties to this proceeding, no further response is required from Citibank for the Court to decide plaintiffs' pending motion for partial summary judgment.. Document filed by Citibank, N.A..(pl) (Entered: 12/14/2012)
Letter addressed to Judge Katherine B. Forrest from Nicole Erb and Frank Panopoulos dated 12/11/2012 re: Counsel writes regarding the last bullet point in the Court's Order dated November 27, 2012 (ECF 291), concerning the pending motion with respect to a writ of execution, and as instructed during the November 27, 2012 status conference. Document filed by Clearstream Banking, S.A.(ft) (Entered: 12/11/2012)
Letter addressed to Judge Katherine B. Forrest from Liviu Vogel dated 12/10/2012 re: Plaintiffs respectfully submit that § 8772 and Article XI.4 of the Treaty of Amity override any immunity that Markazi might otherwise enjoy under § 1611, if it were able to prove that it is a legitimate foreign central bank holding the Blocked Assets for its own account. Document filed by Deborah D. Peterson, Deborah D. Peterson(Personal Representative of the Estate of James C. Knipple (Dec.))(ft) (Entered: 12/11/2012)
Letter addressed to Judge Katherine B. Forrest from David M. Lindsey, James M. Hosking and Andreas Frischknecht dated 12/10/2012 re: Counsel writes to respond to the Court's invitation to address the question presented herein. Document filed by Bank Markazi, the Central Bank of Iran.(ft) (Entered: 12/11/2012)
MOTION to Dismiss / Notice of Motion to Dismiss the Second Amended Complaint. Document filed by Clearstream Banking, S.A..(Panopoulos, Frank) (Entered: 12/10/2012)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TELECONFERENCE proceeding held on 11/27/2012 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari) (Entered: 12/05/2012)
TRANSCRIPT of Proceedings re: TELECONFERENCE held on 11/27/2012 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Jerry Harrison, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/2/2013. Redacted Transcript Deadline set for 1/10/2013. Release of Transcript Restriction set for 3/8/2013.(Rodriguez, Somari) (Entered: 12/05/2012)
ORDER: As stated on the record at the November 27, 2012, status conference, it is hereby ORDERED: Defendant Clearstream Banking, S.A., shall submit two courtesy copies of its motion to dismiss for lack of jurisdiction no later than December 10, 2012 and file such motion on ECF; plaintiffs may submit a reply with additional references to facts in the record no later than December 14, 2012. No later than December 10, 2012, any party may submit a letter of no more than 5 pages (single-spaced, not inclusive of letterhead or signature blocks) setting forth that party's position as to how 22 U.S.C. § 8772 interacts with § 1611 of the Foreign Sovereign Immunities Act. These letters shall be submitted to the Court via email (ForrestNYSDChambers@nysd.uscourts.gov) as PDF attachments, with two hard copies to follow by mail. Defendant Banca UBAE is granted leave to file its motion to dismiss the Second Amended Complaint ("SAC") for lack of personal jurisdiction pursuant to Fed. R. Civ. P. 12(b)(2). Any such motion is due December 14, 2012; any opposition(s) is due January 4, 2013; any reply(ies) is due January 11, 2013. Any additional motions to dismiss that need to be decided prior to the plaintiffs' pending motion for partial summary judgment (Dkt. No. 209) are due December 14, 2012; any oppositions are due January 4, 2013; any replies are due January 11, 2013. The Court has determined that motion to vacate the writ of execution has already been closed (Docket No. 114) and, as such, no briefing of that issue is necessary., ( Motions due by 12/14/2012., Responses due by 1/4/2013., Replies due by 1/11/2013.) (Signed by Judge Katherine B. Forrest on 11/27/2012) (lmb) (Entered: 11/27/2012)
ENDORSED LETTER: addressed to Judge Katherine B. Forrest from Suzelle M. Smith dated 11/20/2012 re: Counsel requests permission to either be excused from appearing (Mr. Vogel has agreed to brief me on all dates set by the Court at the status conference) or to participate in the status conference set by the Court on November 27, 2012 at 10:30 a.m. by telephone. ENDORSEMENT: Permission granted to appear telephonically for this conference. So Ordered. ( Status Conference set for 11/27/2012 at 10:30 AM before Judge Katherine B. Forrest. Telephone Conference set for 11/27/2012 at 10:30 AM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 11/20/2012) (js) (Entered: 11/20/2012)
ENDORSED LETTER addressed to Judge Katherine B. Forrest from Richard M. Kremen dated 11/19/2012 re: Counsel for Estate of Michael Heiser et al write to provide the Court with additional information regarding my request to participate by telephone in the November 27, 2012 status conference scheduled by the Court. Prior to the Court's scheduling of the conference. ENDORSEMENT: OK to participate in 11/27/12 by phone. So Ordered. (Signed by Judge Katherine B. Forrest on 11/20/2012) (js) (Entered: 11/20/2012)
ENDORSED LETTER addressed to Judge Katherine B. Forrest from Richard M. Kremen dated 11/19/2012 re: Counsel requests permission to participate in the November 27, 2012 status conference scheduled by the Court by telephone. ENDORSEMENT: Ordered: The Court generally does not allow parties routinely to appear telephonically. If a party has a particular reason why telephonic appearance is needed for a particular conference, a request can be made on a case by case basis. (If a party intends to speak at any length, telephonic appearance is discouraged). (Signed by Judge Katherine B. Forrest on 11/19/2012) (ft) (Entered: 11/19/2012)
ENDORSED LETTER: addressed to Judge Katherine B. Forrest from Liviu Vogel dated 11/5/2012 re: Counsel for Plaintiffs request an extension of time until December 3, 2012, for the Peterson Plaintiffs and other judgment creditors to file their joint Supplemental Reply Memorandum of Law in Support of Plaintiffs' Motion for Partial Summary Judgment. ENDORSEMENT: Extension to file reply by 12/3/2012 granted. So Ordered. ( Replies due by 12/3/2012.) (Signed by Judge Katherine B. Forrest on 11/8/2012) (js) (Entered: 11/08/2012)
ORDER: The status conference in this action, scheduled for 11/14/2012, is hereby adjourned to 11/27/2012 at 10:30 a.m., ( Status Conference set for 11/27/2012 at 10:30 AM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 10/26/2012) (lmb) (Entered: 10/26/2012)
NOTICE OF WITHDRAWAL OF COUNSEL: Please withdraw the appearance of Barbara L. Seniawski, formerly of DLA Piper LLP (US), as counsel of record for Third Party-Defendants, Estate Of Michael Heiser, et al., in the above-captioned case. PLEASE TAKE NOTICE that Third Party-Defendants, Estate Of Michael Heiser, et al., continue to be represented in this case by Richard Kremen, Dale Cathell, Cary Samowitz, David Misler and Timothy Birnbaum of DLA Piper LLP (US). (Signed by Judge Katherine B. Forrest on 10/25/2012) (djc) (Entered: 10/25/2012)
ORDER: ORDERED that the Orders of Reference to a Magistrate Judge, issued October 18, 2011 (Docket Nos. 136, 137), are VACATED. All matters, including the pending motions, will proceed before Judge Forrest. IT IS FURTHER ORDERED that the parties shall appear for a status conference on Wednesday, November 14, 2012, at 1:30 p.m. in Courtroom 15A, U.S. Courthouse, 500 Pearl Street, New York, NY 10007. (Signed by Judge Katherine B. Forrest on 10/24/2012) (djc) (Entered: 10/25/2012)
NOTICE OF APPEARANCE by Timothy H. Birnbaum on behalf of Catherine Adams, Daniel Adams, John E. Adams, Michael T. Adams, Patrick D. Adams, William Adams, Bernadine R. Beekman, George M. Beekman, Bessie A. Campbell, Anthony W. Cartrette, Lewis W. Cartrette, Che G. Colson, Denise M. Eichstaedt, Estate of Brent E. Marthaler, Estate of Brian McVeigh, Estate of Christopher Adams, Estate of Christopher Lester, Estate of Earl F. Cartrette, Jr, Estate of Jeremy Taylor, Estate of Joseph E. Rimkus, Estate of Joshua E. Woody, Estate of Justin R. Wood, Estate of Kendall Kitson, Jr., Estate of Kevin J. Johnson, Estate of Leland TimonthyHaun, Estate of Michael Heiser, Estate of Millard D. Campbell, Estate of Patrick Fennig, Estate of Peter J. Morgera, Estate of Thanh Van Nguyen, Catherine Fennig, Mark Fennig, Paul D. Fennig, Thaddeus C. Fennig, Ibis S. Haun, Senator Haun, Francis Heiser, Gary Heiser, Bruce Johnson, Kevin Johnson(a minor), Laura E. Johnson, Nicholas A. Johnson(a minor), Shyrl L. Johnson, Kendall K. Kitson, Jr, Kendall K. Kitson, Nancy A. Kitson, Nancy Kitson, Steve K. Kitson, Cecil H. Lester, Cecil H. Lester, Jr, Jessica F. Lester, Judy Lester, Herman C. Marthaler, III, Katie L. Marthaler, Kirk Marthaler, Matthew Marthaler, Sharon Marthaler, Michael Morgera, Thomas Morgera, Christopher R. Nguyen, Milagritos Perez-Dalis, Anne M. Rimkus, James R. Rimkus, Tracy M. Smith, Lawrence Taylor, Starlina D. Taylor, Vicki L Taylor, James V. Wetmore, Sandra M. Wetmore, Elizabeth Wolf, Kathleen M. Wood, Richard W. Wood, Shawn M. Wood, Dawn Woody, Jonica L. Woody, Timothy Woody, Mary Young (Birnbaum, Timothy) (Entered: 10/22/2012)
ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from David M. Lindsey dated 10/9/2012 re: Counsel for the defendant requests a two-week extension of the remaining briefing schedule: Defendants' answering brief and supporting papers would be due on October 26, 2012. Plaintiffs' reply brief and supporting papers would be due on November 16, 2012. ENDORSEMENT: Granted. If they need extra time. (Responses due by 10/26/2012, Replies due by 11/16/2012.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/10/2012) (ft) (Entered: 10/10/2012)
STIPULATION AS TO FILING OF SUPPLEMENTAL BRIEFS ON PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT: Therefore the undersigned parties agree as follows: 1. The judgment creditors may file a supplemental brief and supporting papers addressing the effect of the Act on their motion for partial summary judgment on or before September 14, 2012; 2. The defendants may file an answering brief and supporting papers on or before October 12, 2012; and 3. The judgment creditors may file a reply brief and supporting papers on or before October 26, 2012., ( Motions due by 9/14/2012., Responses due by 10/12/2012., Replies due by 10/26/2012.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/24/2012) (lmb) (Entered: 08/24/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Civil served on Bank of Tokyo-Mitsubishi UFJ on 5/7/2012. Service was accepted by Nancy Morton, Vice President. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Document filed by Deborah D. Peterson. (lmb) (Entered: 08/10/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Civil served on Industrial Bank of Korea on 3/2/2012. Service was accepted by Chang Hee Kyung - Senior Mgr. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Document filed by Deborah D. Peterson. (lmb) (Entered: 08/10/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Civil served on Woori Bank on 3/2/2012. Service was accepted by Yoon Byun, Asst. Mgr. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Document filed by Deborah D. Peterson(Personal Representative of the Estate of James C. Knipple (Dec.)). (lmb) (Entered: 08/10/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Civil served on Clearstream Banking, S.A. on 3/2/2012. Service was accepted by Precy Lopez, Legal. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Document filed by Deborah D. Peterson. (lmb) (Entered: 08/10/2012)
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Clearstream Banking, S.A. on 3/8/2012. Service was accepted by Precy Lopez, Receptionist - Clearstream. Document filed by Terance J. Valore.I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment unsatisfied, Dated: New York,July 30, 2012 - Joseph R. Guccionne, United States Marshal SDNY, BY: Joann Goodson, Property Managemtn Specialist(djc) (Entered: 08/02/2012)
ORDER: For the reasons stated on the record at a conference held today, the Peterson plaintiffs' motion for leave to file a third amended complaint will be held in abeyance pending disposition of the motions currently before the Court. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/30/2012) (jfe) (Entered: 07/31/2012)
ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Liviu Vogel dated 7/27/12 re: Counsel for the Peterson Plaintiffs requests that the 7/30/12 conference be moved to 2:30 p.m. ENDORSEMENT: Granted. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/27/2012) (mro) (Entered: 07/27/2012)
ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Liviu Vogel dated 7/26/12 re: Counsel for the Peterson Plaintiffs writes to request a one week extension from 7/27/12 to 8/3/12 to file their reply brief in response to Clearstream's and bank Markazi's oppositions to plaintiffs' motion for partial summary judgment. ENDORSEMENT: Granted. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/26/2012) (mro) (Entered: 07/27/2012)
ORDER. The Court is in receipt of letters dated June 27, July 9, and July 10, 2012 from Mr. Colella and Mr. Vogel. The Court will hold a conference on this request on July 30, 2012 at 11:00 a.m. in Courtroom 17-A, 500 Pearl Street, New York, New York. The Court expects to hear only from Mr. Colella or Mr. Vogel (or a substitute attorney if necessary) at this conference. Thus, other parties need not attend. Mr. Colella may attend by telephone if he provides a number by fax where he can be reached. (Conference set for 7/30/2012 at 11:00 AM in Courtroom 17A, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/24/2012) (rjm) Modified on 7/24/2012 (rjm). (Entered: 07/24/2012)
ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Liviu Vogel dated 7/18/2012 re: This firm represents the Peterson Plaintiffs in the above-referenced action. We write on behalf of all judgment creditors joined in the action to respectfully request a one week extension from July 20, 2012 to July 27, 2012, for filing our reply brief in response to Clearstream's and Bank Markazi's oppositions to Plaintiffs' Motion for Partial Summary Judgment. This is the second extension requested by judgment creditors since Clearstream and Bank Markazi filed their opposition. Counsel for Clearstream and Bank Markazi have consented to the extension. ENDORSEMENT: Granted. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/20/2012) (djc) Modified on 7/23/2012 (djc). (Entered: 07/20/2012)
ORDER re FILING UNDER SEAL granting 235 Motion to Seal. It is hereby Ordered that without objection that the Murphy Judgment Creditors shall serve, but not file, any pleading in response to the Supplemental Third Party Petition alleging claims in the Nature of Interpleader, filed by Citibank, N.A., until such time as all of the documents from the Miscellaneous Action have been redacted and filed on the public docket; and Ordered, without Further, that such pleading, when filed, shall be filed under seal, and a redacted version filed on the public docket. This resolves docket #235. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/13/2012) (mro) (Entered: 07/13/2012)
ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Liviu Vogel dated 7/9/2012 re: We write on behalf of all judgment creditors joined in the action to respectfully request a one week extension from July 13, 2012 to July 20, 2012, for filing our reply brief in response to Clearstream's and Bank Markazi's oppositions to Plaintiff's Motion for Partial Summary Judgment. ENDORSEMENT: Granted., ( Replies due by 7/20/2012.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/12/2012) (lmb) (Entered: 07/12/2012)
MEMORANDUM OF LAW in Opposition re: 209 FIRST MOTION for Partial Summary Judgment. / Clearstream Banking, S.A.'s Opposition to Plaintiffs' Motion for Partial Summary Judgment. Document filed by Clearstream Banking, S.A.. (Panopoulos, Frank) (Entered: 07/11/2012)
REPLY MEMORANDUM OF LAW in Support re: 174 MOTION to Vacate /Clearstream Banking S.A.'s Notice of Motion to Vacate Restraints.. Document filed by Clearstream Banking, S.A.. (Panopoulos, Frank) (Entered: 07/11/2012)
MEMORANDUM OF LAW in Support re: 174 MOTION to Vacate /Clearstream Banking S.A.'s Notice of Motion to Vacate Restraints.. Document filed by Clearstream Banking, S.A.. (Panopoulos, Frank) (Entered: 07/11/2012)
ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from David M. Lindsey, Esq. dated 7/5/2012 re: Request that Exhibit D to the Lindsey Declaration Docket # 232 be permanently sealed. ENDORSEMENT: Granted. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/5/2012) (ago) (Entered: 07/05/2012)
DECLARATION of David M. Lindsey. Document filed by Bank Markazi, the Central Bank of Iran. (Attachments: # 1 Exhibit G Part 1, # 2 Exhibit G Part 2)(Lindsey, David) (Entered: 06/22/2012)
ORDER FOR ADMISSION PRO HAC VICE granting 244 Motion for John W Karr to Appear Pro Hac Vice. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/21/2012) (cd) (Entered: 06/22/2012)
AFFIDAVIT OF SERVICE of Summons on a Third Party Complaint, Supplemental Third Party Petition Alleging Claims in the Nature of Interpleader, ECF Rules & Instructions and Judge's Rules served on Elizabeth Murphy, et al. on 5/29/12. Service was accepted by Lyn Cage, office coordinator at the Law Firm of John W. Karr at 1250 Connecticut Avenue NW, Washington DC. Document filed by Citibank, N.A.. (Schneier, Sharon) (Entered: 06/21/2012)
AFFIDAVIT OF SERVICE of Summons on a Third Party Complaint, Supplemental Third Party Petition Alleging Claims in the Nature of Interpleader, ECF Rules & Instructions and Judge's Rules served on Elizabeth Murphy, et al. on 5/29/12. Service was accepted by Terri Parsons, assistant at the Law Firm of Steven Barentzen, 1575 Eye St. NW, Washington DC. Document filed by Citibank, N.A.. (Schneier, Sharon) (Entered: 06/21/2012)
AFFIDAVIT OF SERVICE of Summons on a Third Party Complaint, Supplemental Third Party Petition Alleging Claims in the Nature of Interpleader, ECF Rules & Instructions and Judge's Rules served on Jason Kirschenbaum, et al. on 5/29/12. Service was accepted by Kerry Goulbourne, docketing clerk at Stroock & Stroock & Lavan LLP, 180 Maiden Lane, NY. Document filed by Citibank, N.A.. (Schneier, Sharon) (Entered: 06/21/2012)
AFFIDAVIT OF SERVICE of Summons on a Third Party Complaint, Supplemental Third Party Petition Alleging Claims in the Nature of Interpleader, ECF Rules & Instructions and Judge's Rules served on Lolita M. Arnold, personally and as a representative of the Estate of Moses Arnold, Jr. et al. on 5/29/12. Service was accepted by Lynette Drayton of the Fleischman Law Firm, 565 Fifth Avenue, NY. Document filed by Citibank, N.A.. (Schneier, Sharon) (Entered: 06/21/2012)
AFFIDAVIT OF SERVICE of Summons on a Third Party Complaint, Supplemental Third Party Petition Alleging Claims in the Nature of Interpleader, ECF Rules & Instructions and Judge's Rules served on Estate of Alan Beer, Estelle Carroll and Phyllis Maisel on 5/29/12. Service was accepted by Kerry Goulbourne, docketing clerk at Stroock & Stroock & Lavan LLP, 180 Maiden Lane, NY. Document filed by Citibank, N.A.. (Schneier, Sharon) (Entered: 06/21/2012)
MOTION for John W. Karr to Appear Pro Hac Vice. Document filed by Estate of Terrance Rich, Bryan Harris, Jane L'Heureux, John E. L'Heureux, Kerry L'Heureux, Elizabeth Murphy, Mary Wells, Armando J. Ybarra.(pgu) (Entered: 06/20/2012)
NOTICE OF APPEARANCE by Benjamin Weathers-Lowin on behalf of David Kirschenbaum, Isabelle Kirschenbaum, Jason Kirschenbaum, Joshua Kirschenbaum, Danielle Lynn Teitlebaum (Weathers-Lowin, Benjamin) (Entered: 06/20/2012)
NOTICE OF APPEARANCE by Benjamin Weathers-Lowin on behalf of Anna Beer, Harry Beer, Estelle Carroll, Phyllis Maisel (Weathers-Lowin, Benjamin) (Entered: 06/20/2012)
NOTICE OF APPEARANCE by Monica Hanna on behalf of David Kirschenbaum, Isabelle Kirschenbaum, Jason Kirschenbaum, Joshua Kirschenbaum, Danielle Lynn Teitlebaum (Hanna, Monica) (Entered: 06/20/2012)
NOTICE OF APPEARANCE by James Lawrence Bernard on behalf of David Kirschenbaum, Isabelle Kirschenbaum, Jason Kirschenbaum, Joshua Kirschenbaum, Danielle Lynn Teitlebaum (Bernard, James) (Entered: 06/20/2012)
NOTICE OF APPEARANCE by James Lawrence Bernard on behalf of Anna Beer, Harry Beer, Estelle Carroll, Phyllis Maisel (Bernard, James) (Entered: 06/20/2012)
NOTICE OF APPEARANCE by Curtis Campbell Mechling on behalf of David Kirschenbaum, Isabelle Kirschenbaum, Jason Kirschenbaum, Joshua Kirschenbaum, Danielle Lynn Teitlebaum (Mechling, Curtis) (Entered: 06/20/2012)
NOTICE OF APPEARANCE by Curtis Campbell Mechling on behalf of Anna Beer, Harry Beer, Estelle Carroll, Phyllis Maisel (Mechling, Curtis) (Entered: 06/20/2012)
MOTION to Seal. Document filed by Estate of Terrance Rich, Bryan Harris, Jane L'Heureux, John E. L'Heureux, Kerry L'Heureux, Elizabeth Murphy, Estate of Terrance Rich, Mary Wells, Armando J. Ybarra.(Barentzen, Steven) (Entered: 06/19/2012)
DECLARATION of David M. Lindsey . Document filed by Bank Markazi, the Central Bank of Iran. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Lindsey, David) (Entered: 06/15/2012)
ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from David M. Lindsey dated 6/14/12 re: Counsel for the defendant requests an extension until 6/22/12 to submit Bank Markazi's reply to the motion to dismiss. ENDORSEMENT: Granted. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/14/2012) (mro) (Entered: 06/14/2012)
MEMO ENDORSEMENT re: NOTICE OF MOTION FOR LEAVE TO FILE SECOND AMENDED ANSWERS TO THIRD-PARTY PETITION, COUNTERCLAIMS AND CROSSCLAIMS: ENDORSEMENT: Granted without objection. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/8/2012) (pl) (Entered: 06/08/2012)
ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Curtis C. Mechling dated 5/24/12 re: Counsel for Greenbaum and Acosta requests leave to file a brief sur-reply. ENDORSEMENT: Granted. Please file by June 8, 2012. ( Surreplies due by 6/8/2012.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/1/2012) (mro) Modified on 6/4/2012 (mro). (Entered: 06/01/2012)
ORDER: With respect to the request made in defendant Banca UBAE S.p.A. 's letter of May 22, 2012, the Court treats this letter as a motion for reconsideration of the Court's October 31, 2011 and March 1, 2012 rulings. The motion is denied. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/1/2012) (mro) (Entered: 06/01/2012)
MEMO ENDORSEMENT granting 201 MOTION TO JOIN PETERSON PLAINTIFFS OPPOSITION TO CLEARSTREAM BANKING S.A.'S RENEWED MOTION TO VACATE. ENDORSEMENT: Granted without objection. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/1/2012) (mro) (Entered: 06/01/2012)
ENDORSED LETTER: addressed to Magistrate Judge Gabriel W. Gorenstein from David M. Lindsey dated 5/24/2012 re: Counsel for defendant request a two week extension of the remaining briefing schedule for Bank Markazi's Motion to Dismiss for lack of subject Matter Jurisdiction and Plaintiffs' Motion for Partial Summary Judgment, except that the due date for plaintiffs' reply in support of their motion for partial summary judgment would be extended by three weeks. Accordingly, the new briefing schedule would be as follows: Defendants' Opposition to Plaintiffs' Motion for Partial Summary Judgment would be due on June 15, 2012. Bank Markazi's Reply in Support of its motion to dismiss for Lack of Subject Matter Jurisdiction would be due on June 19, 2012; and Plaintiffs' Reply in Support of their Motion for Partial Summary Judgment would be due on July 13, 2012. ENDORSEMENT: Granted. So ordered., ( Responses due by 6/15/2012, Replies due by 7/13/2012.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/24/2012) (js) (Entered: 05/24/2012)
ORDER ON CONSENT: IT IS HEREBY STIPULATED AND AGREED, by and among the undersigned counsel for the parties, on behalf of themselves and their clients, as follows: 1. Citibank shall serve and file a Supplemental Third-Party Petition on the Additional Third-Party Respondents within three business days of entry of this Order. Service shall be according to the methods of service set forth in the June 27, 2011 Order. 2. The Additional Third-Party Respondents shall each serve their answers and crossclaims and counter-claims, if any, no later than twenty-one (21) days after service of the Supplemental Third-Party Petition. In accordance with Judge Jones' Order dated August 29, 2011, no such papers shall be filed until all of the documents from the Miscellaneous Action have been redacted and filed on the public docket. 3. Any Additional Third-Party Respondent who makes an appearance in this proceeding and answers the Supplemental Third-Party Petition shall not file its own papers in support or in opposition with respect to the motions currently being briefed and/or are pending before this Court as set forth in the November 29, 2011 Order and the March 1, 2012 hearing before Judge Gorenstein, except that such Additional Third-Party Respondent may join the papers in support or opposition filed by the Peterson Plaintiffs or a Third-Party Respondent pursuant to those Orders. 4. Any counterclaim or cross-claim asserted by or in response to any Third-Party Respondent with respect to the Third-Party Petition shall be deemed to be a counterclaim or cross-claim by that party with respect to the Supplemental Third-Party Petition. 5. All motions and pleadings with respect to the Third-Party Petition stayed pursuant to the Scheduling Order dated November 28, 2011 and the March 1, 2012 hearing, shall be stayed with respect to the Supplemental Third Party Petition. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/24/2012) (js) (Entered: 05/24/2012)
ENDORSED LETTER: addressed to Magistrate Judge Gabriel W. Gorenstein from Frank Panopoulos dated 5/8/2012 re: Counsel for defendant request a final one week extension of (1) Clearstream's Reply in Support of Its Renewed Motion to Vacate restraints and (2) the existing briefing schedule as detailed below: Clearstream's Reply in Support of its Renewed Motion to Vacate Restraints would be due on May 18, 2012. Any Opposition to Plaintiffs' Partial Motion for Summary Judgment would be due on June 1, 2012. Plaintiffs' Reply in Support of Its Motion for Partial Summary Judgment would be due June 22, 2012 Plaintiffs' Opposition to Bank Markazi's Motion to Dismiss for Lack of Subject Matter Jurisdiction would be due on May 15, 2012. Bank Markazi's Reply in Support of Its Motion to Dismiss for Lack of Subject Matter Jurisdiction would be due on June 5, 2012. ENDORSEMENT: Granted. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/8/2012) (js) (Entered: 05/08/2012)
ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Frank Panopoulos dated 4/26/2012 re: We write to request a further one-week extension of (1) Clearstream's Reply in Support of Its Renewed Motion to Vacate Restraints and (2) the existing briefing schedule, as detailed in this letter. ENDORSEMENT: Granted., ( Responses due by 5/25/2012., Replies due by 6/15/2012.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/26/2012) (lmb) (Entered: 04/26/2012)
SECOND AMENDED COMPLAINT amending 62 Amended Complaint, against Banca UBAE SpA, Bank Markazi, the Central Bank of Iran, Citibank, N.A., Clearstream Banking, S.A., Islamic Republic of Iran with JURY DEMAND. Document filed by Deborah D. Peterson, ET AL.(Personal Representative of the Estate of James C. Knipple (Dec.)) Related document: 62 Amended Complaint, filed by William J. Sommerhof, Belinda J. Quirante, Chester Dunnigan, Susan Ray, Riley Oliver, Estate of Ingrid M. Swinson, Louis J. Rotondo, Dennis Ray Schultz, Scipio Williams, Jr., Gregory Menkins, Eugene Cyzick, Keith Stephens, Alice Blocker, Stephen Eugene Spencer, Frank Scialabba, Rachel Caldera, Muriel Persky, Alice Gordon, Orval Hunt, Sharon Conley Petry, Janet Williams, Hilton Ferguson, John Oliver, Harold Ghumm, Samuel Scott Scialabba, Audrey Webb, Nancy Tingley Hurlburt, Robert Stokes, Mary Ann Hildreth, Estate of Mary A. Cook, Sean Gallagher, Timothy Baynard, Denise Belmer, James Langon, Susan Scott Jordan, Adele H. Chios, Estate of Edward Iacovino Sr., Faye Belmer, Joseph P. Jacobs, Michelle Perron, Catherine E. Grimsley, Arlington Ferguson, Kathy Nathan Stelpflug, Alicia Lynn Sanchez, Edmund Massa, Judith Carol Young, Anthony Baynard, Ollie Jones, Dennis P. Coulman, Brian Gallagher, Patricia Boccia, Warren Richardson, Jewelene Williamson, Leysnal Maitland, Joan Comes, Cynthia Lou Hunt, James Price, Mark Anthony Helms, Robyn Wigglesworth, Pablo Arroyo, Wendy Mitchell, Horace Renardo Stephens, Jr., David Nairn, Lucy Hudson, Maurice Edward Hukill, Christina Gorchinski, Megan Gerlach, James Baynard, Russell Tingley, Alie Mae Moore, John R. Blocker, Robert Allen Conley, Gussie Martin Williams, Dona Stockton, Dimitri Gangur, Patricia Thorstad Zosso, Mary Ruth Ervin, John R. Knipple, Suzanne Perron Garza, Joseph Boulos, Beverly Woolett, Michael Meurer, NaKeisha Lynn Sturghill, Sean Prindeville, Corene Martin Jones, Nada Jurist, Estate of Mary Blackenship, Margaret Angeloni, Stephen Jenkins, William P. Nairn, Billie Jean Bolinger, Craig Wyche, Scipio J. Williams, Denise Voyles, Gwenn Stokes-Graham, Connie Mack Page, Thomas S. Perron, Mary Ann Beck, Cristina Massa, Burnham Matthews, Debra Horner, Andrew Scott Jacobs, Anthony Bohannon, Cynthia D. Lake, Victoria Jacobus, Mary Joe Kirker, Estate of Norris Gordon, Robert Schnorf, Cheryl Cossaboom, Jon Christopher Scott, Mary E. Baumgartner, Grace Lewis, Brenda Haskill, Deborah Jean Perron, Brian Kirkpatrick, William A. Boyett, Jacklyn Seguerra, Myra Burley, Larry H. Simpson, Jr., Phyllis A. Cash, Ronald J. Olson, Kevin Gorchinski, Valerie McCall, Gary Randall Scott, Sandra D. Jones, Megan Grummer, Michael Giblin, Janet LaRiviere, Estate of John D. Knipple, David Cosner, Diane Whitner, Jesus Arroyo, James N. Conley, Jr., Thomas D. Young, Edward Iacovino, Jr., Bobbie Ann Smith, Michael LaRiviere, Richard Andrew Fluegel, Douglas Blocker, Charles F. Cook, Vanessa Richardson, Michael John Oliver, Paul Hlywiak, Ulysses Gregory Parker, Harold Lemnah, Laura M. Reininger, John Meurer, Florene Martin Carter, Richard LaRiviere, Samuel Maitland, Jr., Deborah Crawford, Johnny Bates, Truman Dale Garner, Victor Mark Prevatt, Melvina Stokes Wright, Linda Gordon, Mary Lou Meurer, Christine Devlin Cecca, Anne Deal, Barry Baynard, Kathleen S. Hedge, Wesley Williams, Timothy Vallone, Violet Garcia, Charles Dennis Cook, Kayley Oliver, Estate of Joseph R. Livingston, Laura Bates, Mary Stilpen, Donald Elberan Woollett, Amanda Crouch, Estate of Robert Young, Larry Gerlach, Danita Jacobs, Kerry Wheeler, Olympia Carletta, John McCall, Paul Woolett, Estate of Sigurd Olson, David Bohannon, Mary Ann Scott, Michael Caleb Sauls, Heather Macroglou, Anne Allman, Michael Callahan, James Gallagher, Jr., Joyce Julian, Charles Frye, Sonia Pearson, Angela Milano, Estate of Marva Lynn Cosner, Lisa Magnotti, Sean Devlin, Marvin S. Moore, Zandra LaRiviere Johnston, Tangie Hollifield, Rebecca Gintonio, Peter Milano, Jr., Estate of James Otis Moore, Donna Belmer, Johnny Williamson, Peter Hlywiak, Sr., Damion Briscoe, Sandra Rhodes Young, Ann Smith-Ward, Daniel Joseph Jacobs, Patricia Miller, Jerryl Shropshire, Bradley Campus, Estate of Jediah Ghumm, Kathyrn Thorstad Wallace, Estate of James Owens, Michael Dunningan, Mecot Camara, Jessica Watson, Pacita Martin, Brian Earle, Henry James Parker, Brenda June Wheeler, Stephen Russell, Sandra Wigglesworth, Glenn Dolphin, George Gangur, Debra Myers, Leticia Boddie, Kevin James Scott, Robert Blocker, Geraldine Paolozzi, Richard Gordon, Robert Lemnah, Janice Thorstad Edquist, Vancine Washington, Hildegard Ghumm, Freas H. Kreischer, Jr., Judy Gorchinski, Earl Lyon, John W. Young, Joseph Stelpflug, Michael D. Fulcher, Eric Glenn Washington, Kia Briscoe Jones, Danny R. Estes, Marie McMahon Russell, Deanna Owens, Tia Fox, Russell Cyzick, Doris Hester, Rodney J. Williams, Elizabeth Phillips Moy, Frank Comes, Sr., Barbara Thorstad, Franklin Ceasar, Raymond Boccia, Shirley L. Smith, Elizabeth Iacovino, Tammy Chapman, Nathaniel Walter Jenkins, James David Shipp, Christine Devlin, Elizabeth Ann Dunningan, Bruce Ceasar, Adam Keown, Christopher Comes, Maurice Shipp, Paul D. Lyon, Sr., Elisa Rock Camara, Linda Washington, Linda Sandback Fish, Laura E. Johnson, Angela Bohannon, John Norman Boyett, Glenn Wyche, Theresa Desjardins, Michael McMahon, Janice Shipp, Lydia Boulos, Victor Thornton Prevatt, Devon Sundar, Mark Wigglesworth, Estate of Thomas McCall, Francisco Lyon, Jay T. Meurer, Mark Paul Innocenzi, IV, Thomas Alan Shipp, Cynthia Perron Hurston, Michael Winter, Roger S. Olson, Campbell J. Nairn, Jr., Lee Hollan Prevatt, Helen M. Pearson, Clarence Richardson, Fay Lemnah, Jeffrey D. Young, Lori Fransler, James E. McDonough, Eileen Prindeville Ahlquist, Christine Brown, Bronzell Warren, Paul Prindeville, Estate of Kenneth J. Swinson, Theresa Catano, Kimberly F. Angus, Barbara Rockwell, Bryan Richard Shipp, Tiffany Giblin, John Thomas Meurer, Edna Bohannon, Danny Wheeler, Lisa H. Hudson, Ronald Williams, Jeffrey Wilbur James, Penny Meyer, John Arne Olson, David Massa, Edwin Johnston, Helen Montgomery, Richard Stockton, Blanche Corry, James Thorstad, Sr., Estate of Alex W. Nashton, Lavon Boyett, Leroy Ghumm, Mary Mason, Lilla Woollett Abbey, Ila Wallace, Estate of Claude Burley, Joseph Albert Owens, Paul D. Lyon, Jr., Angela Dawn Farthing, Randall Garcia, Mary McCall, Anna Beard, Deborah O'Connor, Donna Tingley Plickys, Roxanne Garcia, Kathleen Calabro, Keith Laise, Rosalie Milano Donahue, Jeffrey Nashton, Patrick S. Oliver, John Thorstad, Charles Estes, Raymond Dennis Shipp, Liberty Quirante Gregg, Pearl Olaniji, Estate of Bertha Olson, Clydia Shaver, Milton Quirante, Barbara Davis, Kathleen Devlin Mahoney, Arlene Ghumm, Roberta Li Conley, Stephen Thomas Zone, Estate of Nelson Stokes Sr., Richard D. Blankenship, Lynn Smith Derbyshire, Timothy R. McMahon, Jess W. Beamon, Estate of Richard G. LaRiviere, William Burley, Ruth Williams, Shirla Maitland, Patricia Lee Holberton, Carrie Bohannon, Mary Ellen Thompson, Estate of Barbara D. Prindeville, George McMahon, Darren Keown, Thomas C. Bates, Sr., Clarence Belmer, Michael Toma, Estate of Donald Stockton, Jonathan Wheeler, Patrick Comes, Diomedes J. Quirante, William J. Hudson, Susan Ciupaska, Lynette Richardson, Nancy LaRiviere, Thomas Paul Thorstad, Dawn Goff, Steven Owens, John M. LaRiviere, Mary Ann Johnston, Michael Prindeville, Ray Johnson, Ricki Bohannon, Joseph Hlywiak, Margaret Hlywiak, Christopher Todd Helms, Christy Williford Stelpflug, Tammi Ruark, Andrew Wheeler, Alue Belmer, Timothy Dunnigan, Shirley L. Knox, Deborah Green, Maria Lyon, Candace Campbell, Doreen Kreischer, Tammy Freshour, William Scott Sommerhof, DiAnne Margaret Allman, Elizabeth Adams, Estate of Johnney S. Moore, James Thorstad, Jr., Betty Ann Thurman, Donald Blankenship, Jr., Mary Ann Turek, Craig Stockton, Cecilia Stanley, Marie Crudale, Tanya Russell, Elizabeth A. Cook, Charlita Martin Covington, Keysha Tolliver, Susan L. Terlson, Jeffrey Joseph Boulos, Juliana Rudkowski, Darrin A. Wigglesworth, Estate of Godofredo Quirante, Karen L. Olson, Estate of Campbell J. Nairn, Sonia Cherry, Barbara Estes, William Stelpflug, Bernadette Jaccom, Earline Miller, Alvin Burton Belmer, Benjamin Wheeler, Pauline Shipp, Patricia Wright, Lyda Woollett Guz, Mary Moore, Timothy Mitchell, Nathaniel Dorsey, Steven LaRiviere, Cindy Holmes, Daniel Swinson, Barbara Wiseman, Elaine Capobianco, Donald Wayne Hildreth, Charles Johnston, Michael Kluck, Harold Cosner, Margie Bates, Ronald Lemnah, Donna Vallone Phelps, Nathalie C. Jenkins, Terrence Smith, Stephen Tingley, Stanley G. Hester, Christopher J. Coulman, Craig Joseph Swinson, Estate of Larry L. Scott, Lynn Dallachie, Douglas Spencer, Estate of Mary Abbott, Margaret E. Alvarez, Sybil Ceasar, Kenneth Watson, John Price, Deborah M. Coltrane, Teresa Swinson, Sherry Johnson, Cathy L. Lawton, Irene Stokes, Thomas Hairston, Jocelyn J. Sommerhof, Joseph Boccia, Sr., Frederick Daniel Eaves, Richard Menkins, III, Davin M. Green, John L. Pearson, Shirley Martin, Thomasine Baynard, Donald Holberton, Julia A. McFarlin, Michael Gorchinski, Estate of Angela Josephine Smith, Philiece Richardson-Mills, Paul Innocenzi, III, Richard Norfleet, Barbara Thorstad Warwick, Thomas Adrian Julian, Bill Ghumm, John Wyche, Russell Shipp, Wendy L. Lange, Jeffrey Cosner, Henry Miller, Marvin Albright, Luddie Belmer, Jonnie Mae Moore-Jones, Anthony Vallone, Paul Rivers, Etta Lemnah, Harry Moore, Heidi Crudale LeGault, Dawn Swinson, Donald H. Vallone, Jr., Peggy Stelpflug, Ashley Ghumm, Joseph Gordon, Freas H. Kreischer, III, Estate of Marlis Molly Wheeler, Rhonda Williams, Sandra Petrick, Lovelle Darrell Moore, Jeffrey Haskell, Henry Wigglesworth, Mary Gangur, Kelly Swank, James Cherry, Daniel Devlin, Joyce Stephens, John Sommerhof, Frederick Ceasar, Kelly Kluck, Jill Wold, Thomas Keown, Delma Williams-Edwards, William Dunningan, Sharon A. Hilton, Alice Warren Franklin, Barbara Tingley, Maureen Pare, Richard Lemnah, Frank Estes, Tammy Camara Howell, Estate of Synovure Jones, Tara Hanrahan, Clare Campus, John Jackowski, Jr., Theresa U. Roth Boyett, Thad Gilford-Smith, James Jackowski, Robert Allman, Estate of William Douglas Burley, Edward Anthony Johnston, Patricia Gerlach, Marcus D. Sturghill, Phyllis Woodford, Thomas Bates, Jr., Marlys Lemnah, Emerson Baynard, Ronald R. Perron, Avenell Callahan, Alan Richardson, Elaine James, William Ellis Winter, James Boccia, Jess Garcia, John L. Pearson, Sr., Jose Massa, Joseph Peter Milano, Jennifer Collier, Stephen Baynard, Joseph Moore, Joseph R. Livingston, IV, Tony Williamson, Alicia Jones, Donald Giblin, Scott Spaulding, Timothy Giblin, Robert D. Coulman, Valerie Gorchinski, Bryan Thomas Coulman, Jason Russell, Wayne Baynard, Ruby Fulcher, Lesley LaRiviere, Clifton Hildreth, Kristin Innocenzi, Annette Belmer, Nancy Brocksbank Fox, Joyce A. Houston, John F. Young, Laura Barfield Stelpflug, Barbara Gallagher, Kenty Maitland, John Robert Allman, Terry Abbott, Michael Gallagher, Theresa Riggs Camara, Ashley Doray, Anthony Banks, Leanna Cosner, Joseph Price, William Keown, Dennis James Schultz, Patrick Kerry Prindeville, James Abbott, Jacqueline Scialabba, Riley A. Sauls, Estate of Samuel Hudson, Horace Stephens, Sr., Adam Thorstad, Rebecca Bowler, Beverly Schultz, Melia Winter Collier, John Arthur Phillips, Sr., Randal D. Olson, Rosanne Brunette, Deborah D. Peterson, Gabrielle Devlin, Henry Caleb Sauls, Rosemary Clark, Nelson Stokes, Jr., Richard Holberton, Gail McDermott, Steven Jones, David Owens, Rebecca Doss, James C. Knipple, Manuel Massa, Jr., Frank Comes, Tadgh Smith, Brett Perron, Linda Martin Johnson, Charles Jeffrey Schnorf, Estate of Clarence Lemnah, Estate of James Gallagher, Johnny Len Copeland, Marvin R. Helms, William Giblin, Harry Douglas Myers, Shawn Wigglesworth, Sharon Rose Christian, Marcus L. Sturghill, Jr., June Lyon, Kevin Coulman, Richard J. Wallace, Estate of Susan Thorstad Hudson, Jeffrey Stokes, Paul Gordon, Lorraine M. Coulman, Robbie Neil Ceasar, Elizabeth House, John Hudson, Ramiro Massa, Estate of Pauline Knipple, Deborah Innocenzi, Mary Frances Black, Paul Oliver, Estate of Nora Young, Tara Smith, Richard Stokes, Andrea Grant, Alan Tracy Copeland, Jeanne Giblin, Patty McPhee, Kimberly Moore, Karen Shipp Collard, Ronald Garcia, Scott Lee Schultz, Julia Hildreth, Richard Schnorf, Charlie Robert Martin, John Arthur Phillips, Jr., Timothy B. Smith, Miralda Alarcon, Sabrina Quirante, Ruth Hudson, Lorenzo Hudson, James Langon, III, Michael Devlin, John Jackowski, Sr., Kathleen Kirkpatrick, John Hlywiak, Stephen Allen Scott, Patricia Calloway, Joyce Woodle, Kenneth Belmer, James Young, Dianne Stokes Williams, Sharon Parker, Mary Clyde Hart, Valerie Giblin, Annette R. Livingston, Cynthia Smith, Harry A. Myers, Karen Valenti, Richard L. Tingley, Bobby Keown, Jr., Robin M. Lynch, Johnny Adam Williamson, Susan Schnorf Breeden, Samuel Maitland, Sr., Ronny Kent Bates, Deborah Graves, Betty Moore, Michael Scott LaRiviere, Claudine Dunningan, William Roy Pollard, John W. Blocker, John Bonk, Jr., Jana M. Christian, Peter Hlywiak, Jr., Margaret Tella, Eugene LaRiviere, Travis Gerlach, Joanne Zimmerman, Geneva Myers, Alex Griffin, Donald H. Vallone, Rebecca Jewett, Harold Phillips, Paul Callahan, Leona Mae Vargas, Joseph R. Livingston, III, Ryan Thorstad, Melrose Ricks, Peter Scialabba, Ronald Meurer, Kevin Gallagher, Milagros Arroyo, Rosa Ibarro, Eric D. Sturghill, Colby Keith Belmer, Darlene Hairston, Ronnie Boccia, Karl Julian, William Swinson, Billie Ann Nairn, Jeanne Gattegno, Margaret Menkins, Daniel Kluck, Mary Ann Cobble, John Martin, Michael Wayne Hildreth, Jesse Ghumm, Margaret Medler Schnorf, Kathleen Tara Prindeville, Dana Spaulding, Lisa Menkins Palmer, Stacey Yvonne Pollard, Eric Richardson, Johnnie Cesar, Dwayne Wigglesworth, Joseph John Boccia, Jr., Edgar Quirante, Leshune Stokes Clark, John Macroglou, Mark Jones, Moronica Ghumm, Connie Ray Page, Richard Devlin, Rennitta Stokes Johnson, Darren Menkins, Andrew Sauls, Estate of Michael Moore, Leon Bohannon, Sr., Robert LaRiviere, Arminda Hernandez, Renerio Martin, Estate of Theodore Allman, Rodney Darrell Burnette, Mary Lynn Buckner, Wanda Russell, Leon Bohannon, Bobby Keown, Sr., Melissa Lea Moore, Richard Boccia, Donald Blankenship, Sr., Margaret Aileen Pollard, Donnie Bates, Richard H. Menkins, Shawn Biellow, William LaRiviere, Valerie Lyon, Susan J. Sinsioco, Judith K. Page, Marie Boulos, Rick Crudale, Monty Bates, Joao Massa, Kimberly Carpenter, Jamaal Muata Ali, Linda Rose Rooney, Russell Garcia, Philip Baynard, Edward Ghumm, Doreen Sundar, Belina Quirante Riva, Daryl Wigglesworth, Virginia Boccia Marshall, Thomas Holberton, Frances Owens, Robin Copeland Jordan, James Thorstad, Estate of Norman E. Boyett, Jr., Betty Copeland, Ashley E. Oliver, Ruby Martin, Sheria Scott.(djc) (Entered: 04/13/2012)
ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Frank Panopoulos dated 4/12/12 re: counsel for Defendant Clearstream Banking S.A. ("Clearstream ") write to request an extension of (1) Clearstream's Reply in Support or its renewed Motion to Vacate Restraints and (2) the existing briefing schedule, as detailed as follows: Clearstream's Reply in Support of its Renewed Motion to Vacate Restraints would be due on May 4, 2012. Any Opposition to Plaintiffs' Partial Motion for Summary Judgment would be due on May 18, 2012. Plaintiffs' Reply in Support of Its Motion for Partial Summary Judgment would be due June 8, 2012. Plaintiffs' Opposition to Bank Markazi's Motion to Dismiss for Lack of Subject Matter Jurisdiction would be due on May 1, 2012. Bank Markazi's Reply in Support of Its Motion to Dismiss for Lack of Subject Matter Jurisdiction would be due on May 22, 2012. ENDORSEMENT: So Ordered.., ( Responses due by 5/18/2012, Replies due by 6/8/2012.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/12/2012) (pl) Modified on 4/12/2012 (pl). (Entered: 04/12/2012)
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