Smith v. The Islamic Emirate, et al
Case Number: 1:2001cv10132
Filed: April 14, 2022
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. ยง 1391 Personal Injury
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Date Filed Document Text
July 29, 2024 Opinion or Order Filing 141 MEMORANDUM DECISION AND ORDER in case 1:03-cv-09848-GBD-SN; terminating (10067) Motion to Unseal; terminating (10071) Motion to Unseal; terminating (10073) Motion to Seal; terminating (10075) Motion to Seal; terminating (10108) Motion for Lea ve to File Document in case 1:03-md-01570-GBD-SN. The FBI's request to maintain limited redactions regarding the identification of FBI witnesses throughout the motion papers, averments of fact, and exhibits is GRANTED, without prejudice to f uture, specific unsealing applications. Saudi Arabia's request to keep some of its exhibits under seal and to redact others is DENIED. The parties are directed to promptly file on the public docket-at 9:00 AM on Wednesday, July 31, 2024 -a set of motion papers, averments of fact, and exhibits that comply with this decision, to the extent practicable. The Clerk of Court is directed to close the motions at ECF Nos. 10067, 10071, 10073, 10075, and 10108. SO ORDERED. (Signed by Judge George B. Daniels on 7/29/2024) Filed In Associated Cases: 1:03-md-01570-GBD-SN et al. (ks)
July 15, 2024 Opinion or Order Filing 137 ORDER, This Court has reviewed the underlying submissions relating to the sealing of certain documents. In light of the volume of challenged documents and their relatedness to the underlying motions to dismiss, in consultation with Magistrate Ju dge Netburn, the sealing issue is withdrawn from her jurisdiction. This Court will conduct the conference scheduled for Wednesday, July 17, 2024 at 2:00 PM in Courtroom 11A in the Daniel Patrick Moynihan United States Courthouse. At that confere nce, the Court will discuss with the parties the process and timing of a resolution of the dispute over which documents should remain under seal. The Court will also canvas the parties on how best to proceed with the July 31, 2024 oral argument. SO ORDERED. ( Status Conference set for 7/17/2024 at 02:00 PM in Courtroom 11A, 500 Pearl Street, New York, NY 10007 before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 7/15/24) Filed In Associated Cases: 1:03-md-01570-GBD-SN et al. (yv)
June 26, 2024 Opinion or Order Filing 135 ORDER: The July 10, 2024 oral argument on Defendant Dallah Avco Trans Arabia Company's motion to dismiss (ECF No. 93621) and Defendant Kingdom of Saudi Arabia's motion to dismiss (ECF No. 9368) is adjourned to July 31, 2024 at 9:45 a.m. Plaintiffs' request for a case management conference regarding sealing issues in anticipation of oral argument (see ECF No. 9901) is referred to Magistrate Judge Netburn. SO ORDERED (Signed by Judge George B. Daniels on 6/26/2024) Filed In Associated Cases: 1:03-md-01570-GBD-SN et al. (ks)
May 30, 2024 Opinion or Order Filing 134 ORDER: Oral argument on Defendant Dallah Avco Trans Arabia Company's motion to dismiss (ECF No. 9362) and Defendant Kingdom of Saudi Arabia's motion to dismiss (ECF No. 9368) is scheduled for July 10, 2024 at 9:45 a.m. SO ORDERED (Signed by Judge George B. Daniels on 5/30/2024) ( Oral Argument set for 7/10/2024 at 09:45 AM before Judge George B. Daniels.) Filed In Associated Cases: 1:03-md-01570-GBD-SN et al. (ks)
February 27, 2024 Opinion or Order Filing 132 MEMORANDUM DECISION AND ORDER: in case 1:03-cv-09848-GBD-SN; granting (9307) Motion for Reconsideration re (9307 in 1:03-md-01570-GBD-SN) MOTION for Reconsideration re; (9278) Order Adopting Report and Recommendations, Terminate Motions. Moti on for Clarification or Partial Reconsideration filed by Plaintiffs Executive Committees in case 1:03-md-01570-GBD-SN. Plaintiffs' motion for clarification is GRANTED. The Dismissal Order is clarified as follows: ( l) Plaintiffs' timely w rongful death and survival claims remain in this litigation; and (2) this Court has not yet ruled on the O'Neill Plaintiffs' class action allegations against Sudan or Saudi Arabia. The Clerk of Court is directed to terminate the motion at ECF No. 9307. SO ORDERED. (Signed by Judge George B. Daniels on 2/27/2024) Filed In Associated Cases: 1:03-md-01570-GBD-SN et al. (ama)
December 12, 2023 Opinion or Order Filing 131 ORDER: Counsel for the Havlish Plaintiffs, having reached a private settlementagreement with the law firms of Motley Rice LLC; Kreindler & Kreindler LLP;Speiser Krause, PC; and Anderson Kill PC, on behalf of their firms and clients, the Havlish Plain tiffs' Renewed Motion for an Order Creating a Common BenefitFund and Authorizing Certain Disbursements Therefrom (MDL Dkt. No. 4289 & 4291) ("the Motion"), is hereby dismissed with prejudice as against Motley RiceLLC, Kreindler & Krein dler LLP; Speiser Krause, PC; and Anderson Kill PC andtheir clients. Counsel for any other party with claims against the Islamic Republic of Iran impacted by the Motion may contact counsel for the Havlish Plaintiffs if interested in attempting to reach a private settlement of the Motion. SO ORDERED. (Signed by Judge George B. Daniels on 12/12/2023) Filed In Associated Cases: 1:03-md-01570-GBD-SN et al. (ama)
March 2, 2023 Opinion or Order Filing 104 ORDER: This order sets out the motion briefing schedule on the motions to dismiss from Defendants Kingdom of Saudi Arabia and Dallah Avco ("Defendants") and the parties' related Daubert motions. Plaintiffs and Defendants' simultan eous Daubert motions are due by May 1, 2023. Plaintiffs and Defendants' simultaneous oppositions to Daubert motions are due by June 15, 2023.Plaintiffs and Defendants' simultaneous replies in support of Daubert motions are due by July 24, 2 023. Defendants' motions to dismiss are due by October 6, 2023. Plaintiffs' oppositions to Defendants' motions to dismiss are due by December 8, 2023. Defendants' replies in support of their motions to dismiss are due by January 1 9, 2024. Any further applications with regard to the parties' submissions shall be directed to Magistrate Judge Sarah Netburn, who will address any applications and issue any further orders related to this briefing schedule. SO ORDERED., ( Motions due by 10/6/2023., Responses due by 12/8/2023, Replies due by 1/19/2024.) (Signed by Judge George B. Daniels on 3/02/2023) Filed In Associated Cases: 1:03-md-01570-GBD-SN et al. (ama)
February 24, 2023 Opinion or Order Filing 103 MEMORANDUM DECISION AND ORDER denying (682) Motion to Stay re: (682 in 1:03-cv-09848-GBD-SN, 8869 in 1:03-md-01570-GBD-SN, 102 in 1:01-cv-10132-GBD-SN, 1186 in 1:03-cv-06978-GBD-SN) LETTER MOTION to Stay re: (8866 in 1:03-md-01570-GBD-SN, 8 866 in 1:03-md-01570-GBD-SN, 8866 in 1:03-md-01570-GBD-SN, 8866 in 1:03-md-01570-GBD-SN, 8866 in 1:03-md-01570-GBD-SN, 8866 in 1:03-md-01570-GBD-SN, 8866 in 1:03-md-01570-GBD-SN, 8866 in 1:0 in case 1:03-cv-09848-GBD-SN; denying (8869) Motion to St ay re: (682 in 1:03-cv-09848-GBD-SN, 8869 in 1:03-md-01570-GBD-SN, 102 in 1:01-cv-10132-GBD-SN, 1186 in 1:03-cv-06978-GBD-SN) LETTER MOTION to Stay re: (8866 in 1:03-md-01570-GBD-SN, 8866 in 1:03-md-01570-GBD-SN, 8866 in 1:03-md-01570-GBD-SN, 8866 in 1:03-md-01570-GBD-SN, 8866 in 1:03-md-01570-GBD-SN, 8866 in 1:03-md-01570-GBD-SN, 8866 in 1:03-md-01570-GBD-SN, 8866 in 1:0 in case 1:03-md-01570-GBD-SN; denying (102) Motion to Stay re: (682 in 1:03-cv-09848-GBD-SN, 8869 in 1:03-md-01570- GBD-SN, 102 in 1:01-cv-10132-GBD-SN, 1186 in 1:03-cv-06978-GBD-SN) LETTER MOTION to Stay re: (8866 in 1:03-md-01570-GBD-SN, 8866 in 1:03-md-01570-GBD-SN, 8866 in 1:03-md-01570-GBD-SN, 8866 in 1:03-md-01570-GBD-SN, 8866 in 1:03-md-01570-GBD-SN, 8866 in 1:03-md-01570-GBD-SN, 8866 in 1:03-md-01570-GBD-SN, 8866 in 1:0 in case 1:01-cv-10132-GBD-SN; denying (1186) Motion to Stay re: (682 in 1:03-cv-09848-GBD-SN, 8869 in 1:03-md-01570-GBD-SN, 102 in 1:01-cv-10132-GBD-SN, 1186 in 1:03-cv-06978- GBD-SN) LETTER MOTION to Stay re: (8866 in 1:03-md-01570-GBD-SN, 8866 in 1:03-md-01570-GBD-SN, 8866 in 1:03-md-01570-GBD-SN, 8866 in 1:03-md-01570-GBD-SN, 8866 in 1:03-md-01570-GBD-SN, 8866 in 1:03-md-01570-GBD-SN, 8866 in 1:03-md-01570-GBD-SN, 8866 in 1:0 in case 1:03-cv-06978-GBD-SN. The Judgment Creditors have failed to meet the standard for a stay. Therefore, the Judgment Creditors' letter motion to stay this Court's Decision dated February 21, 2023 (ECF No. 8869 in 03-md-1 570: ECF No. 102 in 0l-cv-10132; ECF No. 1186 in 03-cv-06978; ECF No. 682 in 03-cv-09848; ECF No. 144 in 20-mc-00740) is DENIED. The Clerk of Court is directed to close the open letter motions accordingly. SO ORDERED.. (Signed by Judge George B. Daniels on 2/24/2023) Filed In Associated Cases: 1:03-md-01570-GBD-SN, 1:01-cv-10132-GBD-SN, 1:03-cv-06978-GBD-SN, 1:03-cv-09848-GBD-SN (ks)
February 21, 2023 Opinion or Order Filing 101 MEMORANDUM DECISION AND ORDER: denying (597) Motion re: (597 in 1:03-cv-09848-GBD-SN, 7763 in 1:03-md-01570-GBD-SN) MOTION for Partial Turnover of Assets From Garnishee Federal Reserve Bank of New York, (7895 in 1:03-md-01570-GBD-SN) MOTION for Protective Order Pursuant to CPLR § 5240., (7936 in 1:03-md-01570-GBD-SN) MOTION to Join the Turnover Proceedings and for Partial Turnover of Assets from Garnishee Federal Reserve Bank of New York., (8018 in 1:03-md-01570-GBD-SN, 1120 in 1:03-c v-06978-GBD-SN) MOTION to Intervene NOTICE OF LIMITED MOTION TO INTERVENE BY JAMES OWENS, ET AL., (8055 in 1:03-md-01570-GBD-SN) MOTION to Vacate (8018) MOTION to Intervene NOTICE OF LIMITED MOTION TO INTERVENE BY JAMES OWENS, ET AL., (8412 in 1:03-md-01570-GBD-SN, 1724 in 1:02-cv-06977-GBD-SN) EMERGENCY MOTION for Attachment of Defendant's assets in this District held in the name of Da Afghanistan Bank / Notice of Ex Parte Emergency Motion for Order of Attachment, (8586 i n 1:03-md-01570-GBD-SN) MOTION for Post-Judgment Attachment, (62 in 1:01-cv-10132-GBD-SN) MOTION turnover of assets from garnishee federal reserve bank of new york in case 1:03-cv-09848-GBD-SN; denying (7763) Motion re: (597 in 1:03-cv-09848-GB D-SN, 7763 in 1:03-md-01570-GBD-SN) MOTION for Partial Turnover of Assets From Garnishee Federal Reserve Bank of New York., (7895 in 1:03-md-01570-GBD-SN) MOTION for Protective Order Pursuant to CPLR § 5240., (7936 in 1:03-md-01570-GBD-SN) MOTION to Join the Turnover Proceedings and for Partial Turnover of Assets from Garnishee Federal Reserve Bank of New York., (8018 in 1:03-md-01570-GBD-SN, 1120 in 1:03-cv-06978-GBD-SN) MOTION to Intervene NOTICE OF LIMITED MOTION TO INTERVENE B Y JAMES OWENS, ET AL., (8055 in 1:03-md-01570-GBD-SN) MOTION to Vacate (8018) MOTION to Intervene NOTICE OF LIMITED MOTION TO INTERVENE BY JAMES OWENS, ET AL., (8412 in 1:03-md-01570-GBD-SN, 1724 in 1:02-cv-06977-GBD-SN) EMERGENCY MOTION for Attachment of Defendant's assets in this District held in the name of Da Afghanistan Bank / Notice of Ex Parte Emergency Motion for Order of Attachment., (8586 in 1:03-md-01570-GBD-SN) MOTION for Post-Judgment Attachment., (62 in 1:01- cv-10132-GBD-SN) MOTION turnover of assets from garnishee federal reserve bank of new york. ; denying as moot (7895) Motion for Protective Order. ; denying (7936) Motion re: (597 in 1:03-cv-09848-GBD-SN, 7763 in 1:03-md-01570-GBD-SN) MOTION for P artial Turnover of Assets From Garnishee Federal Reserve Bank of New York., (7895 in 1:03-md-01570-GBD-SN) MOTION for Protective Order Pursuant to CPLR § 5240., (7936 in 1:03-md-01570-GBD-SN) MOTION to Join the Turnover Proceedings and for Parti al Turnover of Assets from Garnishee Federal Reserve Bank of New York., (8018 in 1:03-md-01570-GBD-SN, 1120 in 1:03-cv-06978-GBD-SN) MOTION to Intervene NOTICE OF LIMITED MOTION TO INTERVENE BY JAMES OWENS, ET AL., (8055 in 1:03-md-01570-GBD-SN) MO TION to Vacate (8018) MOTION to Intervene NOTICE OF LIMITED MOTION TO INTERVENE BY JAMES OWENS, ET AL., (8412 in 1:03-md-01570-GBD-SN, 1724 in 1:02-cv-06977-GBD-SN) EMERGENCY MOTION for Attachment of Defendant's assets in this District held in the name of Da Afghanistan Bank / Notice of Ex Parte Emergency Motion for Order of Attachment, (8586 in 1:03-md-01570-GBD-SN) MOTION for Post-Judgment Attachment, (62 in 1:01-cv-10132-GBD-SN) MOTION turnover of assets from garnishee federal reser ve bank of new york ; denying as moot (8018) Motion to Intervene; denying as moot (8055) Motion to Vacate (597 in 1:03-cv-09848-GBD-SN, 7763 in 1:03-md-01570-GBD-SN) MOTION for Partial Turnover of Assets From Garnishee Federal Reserve Bank of Ne w Yor, (7895 in 1:03-md-01570-GBD-SN) MOTION for Protective Order Pursuant to CPLR § 5240., (7936 in 1:03-md-01570-GBD-SN) MOTION To Join the Turnover Proceedings and for Partial Turnover of Assets from Garnishee Federal Reserve Bank of New York ., (8018 in 1:03-md-01570-GBD-SN, 1120 in 1:03-cv-06978-GBD-SN) MOTION to Intervene / NOTICE OF LIMITED MOTION TO INTERVENE BY JAMES OWENS, ET AL., (8055 in 1:03-md-01570-GBD-SN) MOTION to Vacate (8018) MOTION to Intervene NOTICE OF LIMITED MOTI ON TO INTERVENE BY JAMES OWENS, ET AL., (8412 in 1:03-md-01570-GBD-SN, 1724 in 1:02-cv-06977-GBD-SN) EMERGENCY MOTION for Attachment of Defendant's assets in this District held in the name of Da Afghanistan Bank Notice of Ex Parte Emergency Motion for Order of Attachment, (8586 in 1:03-md-01570-GBD-SN) MOTION for Post-Judgment Attachment, (62 in 1:01-cv-10132-GBD-SN) MOTION turnover of assets from garnishee federal reserve bank of new york ; denying as moot (8412) Motion to Attach ; de nying as moot (8586) Motion re: (597 in 1:03-cv-09848-GBD-SN, 7763 in 1:03-md-01570-GBD-SN) MOTION for Partial Turnover of Assets From Garnishee Federal Reserve Bank of New York., (7895 in 1:03-md-01570-GBD-SN) MOTION for Protective Order Pursuant to CPLR § 5240., (7936 in 1:03-md-01570-GBD-SN) MOTION to Join the Turnover Proceedings and for Partial Turnover of Assets from Garnishee Federal Reserve Bank of New York., (8018 in 1:03-md-01570-GBD-SN, 1120 in 1:03-cv-06978-GBD-SN) MOTION to Intervene / NOTICE OF LIMITED MOTION TO INTERVENE BY JAMES OWENS, ET AL., (8055 in 1:03-md-01570-GBD-SN) MOTION to Vacate (8018) MOTION to Intervene / NOTICE OF LIMITED MOTION TO INTERVENE BY JAMES OWENS, ET AL., (8412 in 1:03-md-01570-GBD-S N, 1724 in 1:02-cv-06977-GBD-SN) EMERGENCY MOTION for Attachment of Defendant's assets in this District held in the name of Da Afghanistan Bank / Notice of Ex Parte Emergency Motion for Order of Attachment, (8586 in 1:03-md-01570-GBD-SN) MOTI ON for Post-Judgment Attachment., (62 in 1:01-cv-10132-GBD-SN) MOTION turnover of assets from garnishee federal reserve bank of new york in case 1:03-md-01570-GBD-SN; denying (62) Motion re: (597 in 1:03-cv-09848-GBD-SN, 7763 in 1:03-md-01570-GBD-S N) MOTION for Partial Turnover of Assets From Garnishee Federal Reserve Bank of New York, (7895 in 1:03-md-01570-GBD-SN) MOTION for Protective Order Pursuant to CPLR § 5240., (7936 in 1:03-md-01570-GBD-SN) MOTION to Join the Turnover Proceeding s and for Partial Turnover of Assets from Garnishee Federal Reserve Bank of New York., (8018 in 1:03-md-01570-GBD-SN, 1120 in 1:03-cv-06978-GBD-SN) MOTION to Intervene / NOTICE OF LIMITED MOTION TO INTERVENE BY JAMES OWENS, ET AL., (8055 in 1:03-md-0 1570-GBD-SN) MOTION to Vacate (8018) MOTION to Intervene / NOTICE OF LIMITED MOTION TO INTERVENE BY JAMES OWENS, ET AL., (8412 in 1:03-md-01570-GBD-SN, 1724 in 1:02-cv-06977-GBD-SN) EMERGENCY MOTION for Attachment of Defendant's assets in this District held in the name of Da Afghanistan Bank / Notice of Ex Parte Emergency Motion for Order of Attachment, (8586 in 1:03-md-01570-GBD-SN) MOTION for Post-Judgment Attachment., (62 in 1:01-cv-10132-GBD-SN) MOTION turnover of assets from garnishee federal reserve bank of new york in case 1:01-cv-10132-GBD-SN; denying as moot (1724) Motion to Attach in case 1:02-cv-06977-GBD-SN; denying as moot (1120) Motion to Intervene in case 1:03-cv-06978-GBD-SN. The Judgment Creditors are ent itled to collect on their default judgments and be made whole for the worst terrorist attack in our nation's history, but they cannot do so with the funds of the central bank of Afghanistan. Pursuant to the FSIA, TRIA, and the U.S. Constitution, the Taliban-not the former Islamic Republic of Afghanistan or the Afghan people-must pay for the Taliban's liability in the 9/11 Attacks. Therefore, the Judgment Creditors' motions for turnover of DAB funds (ECF Nos. 7763, 7767, and 7936 i n 03-md-1570; ECF No. 62 in 01-cv-10132; ECF No. 597 in 03-cv-9848) are DENIED. The Judgment Creditors' motion for post-judgment attachment (ECF No. 8586 in 03-md-1570), Ashton Plaintiffs' motion for attachment (ECF No. 8412 in 03-md-1570; ECF No. 1724 in 02-cv-6977), Ashton Plaintiffs' motion for a protective order (ECF No. 7895 in 03-md-1570), Owens Proposed Intervenors' motion to intervene (ECF No. 8018 in 03-md-1570; ECF No. 1120 in 03-cv-6978), and Federal Insurance Cred itors' motion to vacate (ECF No. 8055 in 03-md-1570) are DENIED as moot. The Clerk of Court is directed to close the motions accordingly. SO ORDERED. (Signed by Judge George B. Daniels on 2/21/2023) Filed In Associated Cases: 1:03-md-01570-GBD-SN, 1:01-cv-10132-GBD-SN, 1:02-cv-06977-GBD-SN, 1:03-cv-06978-GBD-SN, 1:03-cv-09848-GBD-SN (ama)
November 29, 2022 Opinion or Order Filing 92 MEMORANDUM DECISION AND ORDER: Therefore, the Court does not find that it will benefit from further briefing at this late future date from the proposed amici curiae. The letter requests from Osen LLC and Freshfields Bruckhaus Deringer US LLP are DENIED. And as set forth herein. SO ORDERED. (Signed by Judge George B. Daniels on 11/29/2022) (ama)
November 9, 2022 Opinion or Order Filing 86 ORDER: In response to Magistrate Judge Netburn's August 26, 2022 Report and Recommendation, (ECF No. 8463), the Judgment "Joint Creditors" may submit one consolidated objections brief of no more than 60 pages in length. In response to Mr. Naseer A. Faiq's Notice of Supplemental Authority, (ECF No. 8645), the Joint Creditors may submit one consolidated brief of no more than 20 pages in length. SO ORDERED. (Signed by Judge George B. Daniels on 11/09/2022) (ama)
June 10, 2022 Opinion or Order Filing 72 ORDER: Smith v. The Islamic Emirate of Afghanistan, et al., No. 01-cv-10132, is now part of In re Terrorist Attacks on September 11, 2001, No. 03-md-1570. Accordingly, all papers in Smith should also be filed on the docket for In re Terrorist Attacks from now on. (Signed by Magistrate Judge Sarah Netburn on 6/10/2022) (ras)
April 14, 2022 Opinion or Order Filing 45 ORDER GRANTING THE SMITH-SOULAS CREDITORS' MOTION FOR ALTERNATIVE SERVICE UPON THE TALIBAN AND DA AFGHANISTAN BANK granting 43 Motion for for Alternative Service Upon the Taliban and DA Afghanistan Bank re: 43 MOTION Motion for Alte rnative Service Upon the Taliban and DA Afghanistan Bank . It is hereby ORDERED that the Smith-Soulas Creditors' Motion is GRANTED. Service of the SmithSoulas' Turnover Motion ("Turnover Motion") upon The Taliban and th e DAB is AUTHORIZED through the following means: ALTERNATIVE SERVICE AS TO THE TALIBAN IS AUTHORIZED AS FOLLOWS and as further set forth in this Order: IT IS FURTHER ORDERED that Alternative Service of the Turnover Motion Papers upon Da Afghanistan Bank (DAB) is AUTHORIZED through the following methods and it is further set forth in this Order. IT IS FURTHER ORDERED that any future filings in this case bear the correct and complete caption. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 4/14/22) (yv)
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