John Doe #1, et al v. The Taliban, et al
| John Doe #1, John Doe #2, John Doe #3, John Doe #4, John Doe #5, John Doe #6 and John Doe #7 |
| The Taliban, Al-Qaeda and The Haqqani Network |
| The Bank of New York Mellon |
| 6:2022cv00990 |
| September 20, 2022 |
| US District Court for the Northern District of New York |
| Therese Wiley Dancks |
| David N Hurd |
| Other Statutory Actions |
| None |
Docket Report
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| Filing 28 Letter Motion from Orlando do Campo for John Doe #1, John Doe #2, John Doe #3, John Doe #4, John Doe #5, John Doe #6, John Doe #7 requesting Approval of Notice Form submitted to Judge Therese Wiley Dancks . (Attachments: #1 Exhibit(s) Proposed Notice of Execution Proceedings)(Do Campo, Orlando) |
| Filing 27 Letter Motion from Charles C. Spagnoli for John Doe #1, John Doe #2, John Doe #3, John Doe #4, John Doe #5, John Doe #6, John Doe #7 requesting withdrawal as counsel submitted to Judge Hon. David N. Hurd . (Spagnoli, Charles) |
| Filing 26 NOTICE by The Bank of New York Mellon re #17 Writ of Garnishment Garnishee The Bank of New York Mellon's Response to Writ of Execution (Feigenbaum, Steven) |
| ***Answer due date updated: Answer due for Garnishee The Bank of New York Mellon on or before 11/13/2022. (gmd) |
| Filing 25 CERTIFICATE OF SERVICE by John Doe #1, John Doe #2, John Doe #3, John Doe #4, John Doe #5, John Doe #6, John Doe #7 re 24 Order on Letter Request, (Thornton, John) |
Filing 24
TEXT ORDER : Court reviewed letter motion of garnishee (Dkt. No. #19 ) requesting limited unsealing of plaintiff's motion for a writ (Dkt. No. #4 ) which plaintiff does not oppose. (Dkt. No. #22 .) Letter motion granted. The plaintiff is directed to send via email a complete copy of plaintiff's motion for a writ by 11/9/2022 and file proof of service by 11/10/2022. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 11/8/2022. (sg)
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| Filing 23 AFFIDAVIT of Service for Writ of Execution; Final Default Judgment; Notice to Judgment Debtor or Obligor; Notice of Application for Writ of Execution, Exemptions and Right to Hearing served on The Bank of New York Mellon on November 3rd, 2022, filed by John Doe #1, John Doe #2, John Doe #3, John Doe #4, John Doe #5, John Doe #6, John Doe #7. (Do Campo, Orlando) |
| Filing 22 LETTER BRIEF in response to DE 19 by John Doe #1, John Doe #2, John Doe #3, John Doe #4, John Doe #5, John Doe #6, John Doe #7. (Do Campo, Orlando) |
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Filing 21
TEXT ORDER : Court has received Plaintiff's letter request (Dkt. No. #20 ) for the Court to appoint a person to serve the Writ (Dkt. No. #17 ) recently issued by the Court pursuant to Fed. R. Civ. P. 4.1(a). Since The Court does not facilitate service of documents for private parties who are represented by counsel and thus will not forward the Writ to the U.S. Marshal for service, Plaintiff's request is granted and Brett Whittington, TruServe Legal Support, 500 Seneca Street #865, Utica, NY is hereby appointed to serve the Writ. This Text Order clarifies and revises the Court's directive in its November 2, 2022, Order. (Dkt. No. #16 , para. 4.) Court has also reviewed the Garnishee's letter request (Dkt. No. #19 ) for limited unsealing of Plaintiff's ex parte motion for Writ of Execution. Plaintiff to file a response to that request by the close of business on 11/4/2022. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 11/3/2022. (sg)
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| Filing 20 Letter Motion from Orlando do Campo for John Doe #1, John Doe #2, John Doe #3, John Doe #4, John Doe #5, John Doe #6, John Doe #7 requesting Appointment of Special Process Server submitted to Judge Therese Wiley Dancks . (Do Campo, Orlando) |
| Filing 19 Letter Motion from The Bank of New York Mellon for The Bank of New York Mellon requesting that the docket in the action be unsealed for the limited purpose of enabling BNY Mellon to access Plaintiffs ex parte motion for a writ of execution covering the blocked account that Plaintiffs seek to have turned over. submitted to Judge Magistrate Judge Dancks . (Feigenbaum, Steven) |
| Filing 18 Clerk's NOTICE of EXECUTION. (gmd) |
| Filing 17 WRIT OF EXECUTION issued. (gmd) |
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Filing 16
ORDER granting Motion for Writ: the Clerk is directed to issue the writ of execution. Signed by Magistrate Judge Therese Wiley Dancks on 11/1/2022. (sg)
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Filing 15
TEXT ORDER: After conducting an in camera review, the Court directs that the supplemental affidavit, exhibit A, and proposed order are filed under seal as attachments to Dkt. #14 . SO ORDERED by Magistrate Judge Therese Wiley Dancks on 10/31/2022. (sg)
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| Filing 14 AFFIDAVIT in Support re #5 MOTION for Writ of Execution filed by John Doe #1, John Doe #2, John Doe #3, John Doe #4, John Doe #5, John Doe #6, John Doe #7., #4 Letter Motion from Orlando do Campo for John Doe #1, John Doe #2, John Doe #3, John Doe #4, John Doe #5, John Doe #6, John Doe #7 requesting Leave to File Under Seal submitted to Judge Brenda K. Sannes filed by John Doe #1, John Doe #2, John Doe #3, John Doe #4, John Doe #5, John Doe #6, John Doe #7. (Attachments: #1 Exhibit(s) A, #2 Proposed Order/Judgment)(Do Campo, Orlando) (Additional attachment(s) added on 11/2/2022: #3 Supplemental Affidavit - filed under seal) (sg, ). (Additional attachment(s) added on 11/2/2022: #4 Exhibit A to Affirmation filed under seal) (sg, ). (Additional attachment(s) added on 11/2/2022: #5 Corrected proposed order filed under seal) (sg, ). |
| TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Conference held on 10/31/2022. Appearances: John Thornton, Esq., Daniela Jaramillo, Esq., and Orlando do Campo, Esq. for Plaintiff; Steven Feigenbaum, Esq. for Garnishee. Court discusses pending application for writ. Plaintiff to provide a supplemental affidavit, under seal, as well as a corrected Order to the Court by 11/4/2022. Attorney Feigenbaum may file a written request for the limited unsealing of the writ once it has been issued by the Court by 11/4/2022. Plaintiff will have the opportunity to respond to the Garnishee's request. (sg) |
| TEXT NOTICE of telephone Conference: A Telephone Conference has been set for 10/31/2022 at 10:30 AM before Magistrate Judge Therese Wiley Dancks. Counsel are directed to call the following number for this conference: 1-877-336-1829, access code 8029754, security code 8644.(sg) |
| Filing 13 NOTICE of Appearance by Steven B. Feigenbaum on behalf of The Bank of New York Mellon (Feigenbaum, Steven) |
| Filing 12 NOTICE of Appearance by Daniela Jaramillo on behalf of All Plaintiffs (Jaramillo, Daniela) |
| Filing 11 NOTICE of Appearance by John A. Thornton on behalf of All Plaintiffs (Thornton, John) |
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Filing 10
TEXT ORDER granting #8 Motion for Limited Admission Pro Hac Vice of Daniela Jaramillo, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 9/23/2022. (sg )
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Filing 9
TEXT ORDER granting #7 Motion for Limited Admission Pro Hac Vice of John Andres Thornton, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 9/23/2022. (sg)
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| Filing 8 MOTION for Limited Admission Pro Hac Vice of Daniela Jaramillo Filing fee $100, receipt number ANYNDC-6043182. (Attachments: #1 Exhibit(s) A - Petition for Admission, #2 Exhibit(s) B - Attorney Registration Form, #3 Exhibit(s) C - Certificate of Good Standing, #4 Exhibit(s) D - Declaration of Sponsor, #5 Proposed Order/Judgment E - Proposed Order) Motions referred to Therese Wiley Dancks. (Do Campo, Orlando) |
| Filing 7 MOTION for Limited Admission Pro Hac Vice of John Andres Thornton Filing fee $100, receipt number ANYNDC-6043174. (Attachments: #1 Exhibit(s) A - Petition for Admission, #2 Exhibit(s) B - Attorney Registration Form, #3 Exhibit(s) C - Certificate of Good Standing, #4 Exhibit(s) D - Declaration of Sponsor, #5 Proposed Order/Judgment E - Proposed Order) Motions referred to Therese Wiley Dancks. (Do Campo, Orlando) |
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Filing 6
ORDER granting #4 Motion for leave to file documents under seal. The Memorandum of Law and accompanying expert affidavit and exhibits shall remain under seal under further order of this Court. Signed by Magistrate Judge Therese Wiley Dancks on 9/21/2022. (sg)
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| Filing 5 MOTION for Writ of Execution filed by John Doe #1, John Doe #2, John Doe #3, John Doe #4, John Doe #5, John Doe #6, John Doe #7. Response to Motion due by 10/12/2022 Motions referred to Therese Wiley Dancks. (Do Campo, Orlando) |
| Filing 4 Letter Motion from Orlando do Campo for John Doe #1, John Doe #2, John Doe #3, John Doe #4, John Doe #5, John Doe #6, John Doe #7 requesting Leave to File Under Seal . (Attachments: #1 Proposed Order/Judgment Proposed Order)(Do Campo, Orlando) (Main Document 4 replaced on 9/21/2022) (gmd, ). (Attachment 1 replaced on 9/21/2022) (gmd, ). (Additional attachment(s) added on 9/21/2022: #2 Memorandum of Law, #3 Exhibit(s) A (to the memorandum of law), #4 Exhibit(s) B (to the memorandum of law), #5 Exhibit(s) C (to the memorandum of law), #6 Exhibit(s) D (to the memorandum of law), #7 Exhibit(s) E (to the memorandum of law), #8 Notice of Expert Declaration, #9 Declaration (to the Notice of Expert Declaration), #10 Appendix (to the Notice of Expert Declaration)) (gmd, ). (Additional attachment(s) added on 9/22/2022: #11 Memorandum of Law, #12 SEALED DECLARATION OF JOHN THORNTON (EXHIBIT A), #13 SEALED COMPLAINT (EXHIBIT B), #14 SEALED BLOCKED ASSETS (EXHIBIT C), #15 SEALED PROPOSED ORDER GRANTING MOTION FOR WRIT (EXHIBIT D), #16 SEALED WRIT OF EXECUTION COMPLETED FORM (EXHIBIT E), #17 Notice of Expert Declaration, #18 SEALED DECLARATION OF EXPERT (EXHIBIT A), #19 SEALED APPENDIX (EXHIBIT B), #20 Cover Letter) (gmd, ). |
| Filing 2 NOTICE of Appearance by Orlando Do Campo on behalf of All Plaintiffs (Do Campo, Orlando) |
| Payment of Civil Filing Fee $402, receipt number ANYNDC-6041906 by John Doe #1, John Doe #2, John Doe #3, John Doe #4, John Doe #5, John Doe #6, John Doe #7 re #1 Registration of Foreign Judgment, . (Spagnoli, Charles) |
| CLERK'S CORRECTION OF DOCKET ENTRY re #4 Letter Request/Motion: Clerk replaced the main document and attachment (1) the proposed order to correct the Judge to whom they were addressed. Clerk added attachments 2 - 10 as they were filed in the corrected shell. (gmd, ) |
| Filing 3 APPLICATION for Writ of Execution filed by John Doe #1, John Doe #2, John Doe #3, John Doe #4, John Doe #5, John Doe #6, John Doe #7. (Attachments: #1 Cover Letter of Filing Intent, #2 Proposed Order of Writ of Execution)(map) |
| Filing 1 REGISTRATION of Foreign Judgment entered in United States District Court Northern District of Texas (Case #: 4:20-CV-605-P) in the total amount of $138,418,741.00. Judgment file date in NDTX: 11/5/2022. $49.00 filing fee paid; Receipt number ANYNDC-6040565. Filed by John Doe #1, John Doe #2, John Doe #3, John Doe #4, John Doe #5, John Doe #6, John Doe #7 on 09/20/2022.(map) |
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