In re: 650 Fifth Avenue and Related Properties
Plaintiff: United States of America and Fiona Havlish
Defendant: All Right, Title And Interest In 4836 Marconi Avenue, 650 Fifth Avenue Company, ASSA Company Limited, All funds formerly on deposit at Citibank, N.A., All Right Title And Interest Of Assa Corporation, Assa Corp., All Right, Title And Interest In 8100 Jeb Stuart Road, All Right, Title And Interest In 7917 Montrose Road, All Right, Title, and Interest of ASSA Corporation, All Right, Title And Interest In 4204 Aldie Road, All Right, Title, And Interest In 4300 Aldie Road, Alavi Foundation, All funds formerly on deposit at JPMorgan Chase Bank, N.A., Alavi Foundation of New York, ASSA Company Ltd., All Right Title And Interest In 650 Fifth Avenue, ASSA Corporation, All Right Title And Interest In 55-11 Queens Boulevard, All Funds On Deposit At Sterling National Bank, All Right Titile And Interest In 2313 South Voss Road, Bank Melli Iran in 650 Fifth Avenue Company and All Funds On Deposit At JPMorgan Chase Bank, N.A.
Petitioner: Dr. Lucille Levin, Mr. Jeremy Levin, John Kees and Amir Reza Oveissi
Claimant: Estate of Peter J. Morgera, deceased, Gregg Salzman, Babak Bayani, John E. Adams, Gary Heiser, Shawn M. Wood, Khoshkish Family Members, william r higgins, Katie L. Marthaler, Thomas Morgera, Jessica F. Lester, Bridget Brooks, William Adams, Paul D. Fennig, Michael Morgera, Marie R. Campbell, Kirk Marthaler, Christopher R. Nguyen, Sandra M. Wetmore, Thaddeus C. Fennig, Kendall K. Kitson, Denise M. Eichstaedt, Estate of Joseph E. Rimkus, deceased, Kathleen M. Wood, Patrick D. Adams, Estate of Brent E. Marthaler, deceased, Ibis S. Haun, Khosrowshahi Family Members, Paul B Hegna, Kevin John, Senator Haun, Starlina D. Taylor, Estate of Joshua E. Woody, deceased, Milagritos Perez-Dalis, Francis Heiser, Cecil H. Lester, Timothy Woody, Nicholas A. Johnson, Shyrl L. Johnson, Lynn M Hegna Moore, George M. Beekman, Estate of Brian McVeigh, deceased, Nancy R. Kitson, Estate of Christopher Lester, deceased, Estate of Michael Heiser, Estate of Earl F. Cartrette, Jr., deceased, Daniel Adams, Edwina R Hegna, Diana Campuzano, Estate of Leland Timothy Haun, deceased, Estate of Justin R. Wood, deceased, Fatemeh Bayani, Lewis W. Cartrette, Estate of Jeremy A. Taylor, deceased, Lawrence E. Taylor, Tracy M. Smith, Herman C. Marthaler, III, et al higgins, Sharon Marthaler, Estate of Christopher Adams, deceased, Avi Elishis, Estate of Kendall Kitson, Jr., deceased, Steven A Hegna, Che G. Colson, James V. Wetmore, Judy Lester, Dawn Woody, Mary Young, Bessie A. Campbell, Anne M. Rimkus, James R. Rimkus, Craig H Hegna, Matthew Marthaler, Estate of Thanh Van Nguyen, deceased, Catherine Adams, Michael T. Adams, Elizabeth Wolf, Banafsheh Bayani, Jonica L. Woody, Bonnie Bayani-Christopher, Laura E. Johnson, Mark Fennig, Deborah D Peterson, Personal Representative, Djhanbani Family Members, Ruth Ann Bland, Bruce Johnson, Steve K. Kitson, Sohrab Vahabzadeh, Estate of Patrick P. Fennig, deceased, Bernadine R. Beekman, Cecil H. Lester, Jr., Richard Wood, Nancy A. Kitson, Havlish Plaintiffs, Estate of Millard D. Campbell, deceased, Catherine Fennig, Estate of Millard D. Campbell, Vickie L. Taylor, Anthony W. Cartrette and Estate of Kevin J. Johnson, deceased
Consolidated Plaintiff: Tova Ettinger, Elena Rozenman, Deborah Rubin, Daniel Miller, Stuart E. Hersh, Alan D. Hayman, Irving Franklin, Libby Kahane, Baruch Kahane, Ciporah Kaplan, Ethel J. Griffin, Shirlee Hayman, Steven M. Greenbaum, Abraham Mendelson, Carlos Acosta, Maria Acosta, Renay Frym, Tzvi Rozenman, Noam Rozenman, Jenny Rubin and Norman Kahane
Intervenor Plaintiff: John Keys, Abkir Associates, LLC, Mark Boyd, John Relvas and Richard Stethem
Undetermined: Julie Goldberg-Botvin and Executrix Edwena R Hegna
Interested Party: Anjuman-e-Haideri
Intervenor Defendant: ASSA Company, LTD
Case Number: 1:2008cv10934
Filed: December 17, 2008
Court: US District Court for the Southern District of New York
Office: Real Property: Other Office
County: New York
Presiding Judge: Loretta A Preska
Nature of Suit: Real Property: Other
Cause of Action: 18:981
Jury Demanded By: Both
Docket Report

This docket was last retrieved on October 21, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 2, 2013 Opinion or Order Filing 932 ORDER granting (924) Letter Motion for Extension of Time to File in case 1:08-cv-10934-KBF; granting (411) Letter Motion for Extension of Time to File in case 1:09-cv-00165-KBF; granting (406) Letter Motion for Extension of Time to File in case 1:09-cv-00166-KBF; granting (430) Letter Motion for Extension of Time to File in case 1:09-cv-00553-KBF; granting (415) Letter Motion for Extension of Time to File in case 1:09-cv-00564-KBF; granting (356) Letter Motion for Extension of Time to File in case 1:09-cv-04614-KBF; granting (350) Letter Motion for Extension of Time to File in case 1:09-cv-04784-KBF; granting (388) Letter Motion for Extension of Time to File in case 1:10-cv-02464-KBF. Ordered: Application granted. (Signed by Judge Katherine B. Forrest on 10/2/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro)
October 2, 2013 Opinion or Order Filing 931 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Timothy B. Fleming dated 9/27/13 re: The Havlish Judgment Creditors respectfully request leave of Court pursuant to Fed. R. Civ. P. 15(a)(2) to file the Amended Complaint attached hereto as Exhibit A. ENDORSEMENT: Ordered: The Court is inclined to allow the amendment but will allow any party wishing to oppose the amendment to submit a letter-in-opposition not later than Oct. 11, 2013. (Signed by Judge Katherine B. Forrest on 10/2/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro)
October 2, 2013 Filing 930 DECLARATION of Timothy B. Fleming in Support re: #927 MOTION for Leave to File Amended Complaint.. Document filed by Fiona Havlish, Havlish Plaintiffs. (Attachments: #1 Exhibit A - Verified Claim of Plaintiffs in Havlish, #2 Exhibit B - Havlish Order and Judgment, #3 Exhibit C - FSIA Section 1610, #4 Exhibit D - Complaint filed May 23, 2013, #5 Exhibit E - State Dept Transmittal Letters, #6 Exhibit F - Havlish 1610(c) Order, #7 Exhibit G - Proposed Amended Complaint)(Fleming, Timothy)
October 2, 2013 Filing 929 MEMORANDUM OF LAW in Support re: #927 MOTION for Leave to File Amended Complaint.. Document filed by Fiona Havlish, Havlish Plaintiffs. (Fleming, Timothy)
October 2, 2013 Filing 928 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - BRIEF re: #927 MOTION for Leave to File Amended Complaint.. Document filed by Fiona Havlish, Havlish Plaintiffs.(Fleming, Timothy) Modified on 10/3/2013 (ka).
October 2, 2013 Filing 927 MOTION for Leave to File Amended Complaint. Document filed by Fiona Havlish, Havlish Plaintiffs. (Attachments: #1 Text of Proposed Order)(Fleming, Timothy)
October 2, 2013 Filing 926 LETTER addressed to Judge Katherine B. Forrest from Ralph P. Dupont dated 10/02/2013 re: Adjournment. Document filed by Craig H Hegna, Edwena R Hegna, Edwina R Hegna, Paul B Hegna, Steven A Hegna, Lynn M Hegna Moore.Filed In Associated Cases: 1:08-cv-10934-KBF et al.(Dupont, Ralph)
October 2, 2013 Set/Reset Deadlines: Motions due by 10/21/2013. Responses due by 10/30/2013 Associated Cases: 1:08-cv-10934-KBF et al.(mro)
October 2, 2013 Filing 924 LETTER MOTION for Extension of Time to File Summary Judgment Motions Concerning the Innocent Owner Defense addressed to Judge Katherine B. Forrest from James L. Bernard dated 10/2/13. Document filed by Carlos Acosta, Maria Acosta, Tova Ettinger, Irving Franklin, Steven M. Greenbaum, Ethel J. Griffin, Alan D. Hayman, Shirlee Hayman, Baruch Kahane, Libby Kahane, Norman Kahane, Ciporah Kaplan.Filed In Associated Cases: 1:08-cv-10934-KBF et al.(Bernard, James)
October 2, 2013 Opinion or Order Filing 923 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Saeid B. Amini dated 9/30/13 re: Counsel represents the tenants and occupants of the above-referenced properties. This letter is offered pursuant to the Court's Order of September 25, 2013 (Docket No. 909), in which requesting that all the claims be filed on or before Sept. 30, 2013. ENDORSEMENT: Ordered: Post to docket. (Signed by Judge Katherine B. Forrest on 10/2/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro)
October 1, 2013 Opinion or Order Filing 922 STANDING ORDER M10-468: Stay of Certain Civil Cases Pending the Restoration of Department of Justice Funding. (Signed by Judge Loretta A. Preska on 10/1/2013) ***Original Standing Order docketed in case no. 1:13-mc-00334-LAP, document no. 2 on 10/1/2013.*** (tro)
September 27, 2013 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Timothy B. Fleming: Document No. #918 Letter is not filed via ECF. ONLY certain letter motions are allowed to be filed on ECF. A Motion for Leave to File Document is filed formally. (ldi)
September 27, 2013 Filing 921 TRANSCRIPT of Proceedings held on 8/7/2013 before Judge Katherine B. Forrest. (Attachments: #1 Part 2)Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro)
September 27, 2013 Transmission to Sealed Records Clerk. Transmitted re: (411 in 1:09-cv-00564-KBF, 347 in 1:09-cv-04784-KBF, 352 in 1:09-cv-04614-KBF, 385 in 1:10-cv-02464-KBF, 920 in 1:08-cv-10934-KBF, 407 in 1:09-cv-00165-KBF, 402 in 1:09-cv-00166-KBF, 426 in 1:09-cv-00553-KBF) Endorsed Letter, to the Sealed Records Clerk for the sealing or unsealing of document or case. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
September 27, 2013 Opinion or Order Filing 920 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Anand Sithian dated 9/26/13 re: The Government respectfully submits this letter to respectfully request that the transcript from the August 7, 2013 Status Conference, which was previously ordered sealed by Your Honor, be unsealed with the exception of specific pages discussing the Federal Bureau of Investigation's ("FBI") Confidential Human Source. Specifically, the Government respectfully requests that pages 23, 24, 63, 73, 75, 76, 82, and 84 of the August 7, 2013 transcript remain sealed pursuant to the Confidentiality Order. The Government respectfully requests that these pages of the transcript relating to the FBI's Confidential Human Source remain under seal until further order of the Court. The Government also respectfully requests that portions of the transcript from September 4, 2013 be filed under seal, with copies available to counsel of record in this matter subject to the terms of the Confidentiality Order. Specifically, the Government respectfully requests that pages 16, 72, and 77-83 be sealed pursuant to the Confidentiality Order. All of these pages contain information that has been designated as Confidential by the Government, specifically information relating to the FBI's Confidential Human Source. Accordingly, the Government respectfully requests that these pages of the transcript relating to the FBI's Confidential Human Source remain under seal until further order of the Court. ENDORSEMENT: Ordered: Application granted. (Signed by Judge Katherine B. Forrest on 9/26/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro)
September 27, 2013 Opinion or Order Filing 919 ORDER: The Court has received Assa's response to the various parties' applications for fees and expenses as part of the Rule 37 sanction awards. Any party wishing to provide additional detail on what is referred to as block billing should do so not later than Friday, October 11, 2013. The Court does not require additional briefing on the hourly rates or on either the "McReynolds" or the videographer issue. (Signed by Judge Katherine B. Forrest on 9/26/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro)
September 27, 2013 Filing 918 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION for Leave to File Amended Complaint. Document filed by Fiona Havlish, Havlish Plaintiffs. (Attachments: #1 Exhibit A: Proposed Havlish Amended Complaint, #2 Exhibit B: Havlish Section 1610(c) Order)(Fleming, Timothy) Modified on 9/27/2013 (ldi).
September 26, 2013 Set/Reset Deadlines as to (911 in 1:08-cv-10934-KBF) MOTION to Amend/Correct Protective Order and Monitor Order: Responses due by 10/4/2013 Associated Cases: 1:08-cv-10934-KBF et al.(mro)
September 26, 2013 Opinion or Order Filing 917 MEMO ENDORSEMENT on (911) Motion to Amend/Correct in case 1:08-cv-10934-KBF. ENDORSEMENT: ORDERED: Alavi and Assa (and 650 5th Ave. Co.) to submit any response to this motion not later than 10/4/13. Any other party wishing to submit a response shall do so on the same date. (Signed by Judge Katherine B. Forrest on 9/26/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro)
September 26, 2013 Opinion or Order Filing 916 MEMO ENDORSEMENT on re: (422 in 1:09-cv-00553-KBF, 402 in 1:09-cv-00165-KBF, 343 in 1:09-cv-04784-KBF, 381 in 1:10-cv-02464-KBF, 348 in 1:09-cv-04614-KBF, 913 in 1:08-cv-10934-KBF, 407 in 1:09-cv-00564-KBF, 398 in 1:09-cv-00166-KBF) Letter, filed by ASSA Corp., ASSA Corporation, Assa Co. Ltd., Assa Corp., ASSA Company Ltd., ASSA Company Limited. ENDORSEMENT: Ordered: Application granted. Any party wishing to make any additional submissions on summary judgment must do so by October 4, 2013. (Signed by Judge Katherine B. Forrest on 9/26/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro)
September 26, 2013 Filing 915 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/20/13 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)
September 26, 2013 Filing 914 TRANSCRIPT of Proceedings re: CONFERENCE held on 9/20/2013 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 10/21/2013. Redacted Transcript Deadline set for 10/31/2013. Release of Transcript Restriction set for 12/30/2013.(Rodriguez, Somari)
September 26, 2013 Filing 913 LETTER addressed to Judge Katherine B. Forrest from Peter I. Livingston dated September 26, 2013 re: Extension of time. Document filed by ASSA Company Limited, ASSA Corporation, ASSA Company Ltd., Assa Corp., Assa Co. Ltd., Assa Corp., ASSA Corp..Filed In Associated Cases: 1:08-cv-10934-KBF et al.(Livingston, Peter)
September 26, 2013 Filing 912 LETTER addressed to Judge Katherine B. Forrest from Peter I. Livingston dated September 25, 2013 re: Response to Proposed Order for Attorneys' fees. Document filed by ASSA Company Limited, ASSA Company Ltd., ASSA Corporation, Assa Corp., Assa Co. Ltd., Assa Corp., ASSA Corp.. (Attachments: #1 Chart)Filed In Associated Cases: 1:08-cv-10934-KBF, 1:09-cv-00553-KBF, 1:09-cv-00564-KBF, 1:10-cv-02464-KBF(Livingston, Peter)
September 26, 2013 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Peter I Livingston to RE-FILE Document (405 in 1:09-cv-00564-KBF, 379 in 1:10-cv-02464-KBF, 910 in 1:08-cv-10934-KBF, 420 in 1:09-cv-00553-KBF) Response in Opposition to Motion. Use the event type Letter found under the event list Other Documents. Filed In Associated Cases: 1:08-cv-10934-KBF, 1:09-cv-00553-KBF, 1:09-cv-00564-KBF, 1:10-cv-02464-KBF(db)
September 26, 2013 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Peter I Livingston to RE-FILE Document (418 in 1:09-cv-00553-KBF, 403 in 1:09-cv-00564-KBF, 908 in 1:08-cv-10934-KBF, 377 in 1:10-cv-02464-KBF) Response in Opposition to Motion. Use the event type Letter found under the event list Other Documents. Filed In Associated Cases: 1:08-cv-10934-KBF, 1:09-cv-00553-KBF, 1:09-cv-00564-KBF, 1:10-cv-02464-KBF(db)
September 25, 2013 Filing 911 MOTION to Amend/Correct Protective Order and Monitor Order. Document filed by United States of America. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Levin, Sharon)
September 25, 2013 Filing 910 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - RESPONSE in Opposition to Motion re: (242 in 1:09-cv-00564-KBF, 611 in 1:08-cv-10934-KBF, 257 in 1:09-cv-00553-KBF, 218 in 1:10-cv-02464-KBF) MOTION for Sanctions Against Assa Corp And Assa Co. Limited., (604 in 1:08-cv-10934-KBF) MOTION for Sanctions., (671 in 1:08-cv-10934-KBF) MOTION for Sanctions Against Assa Corp. and Assa Co. Limited. REVISED. Document filed by ASSA Company Limited, ASSA Company Ltd., ASSA Corporation, Assa Corp., Assa Co. Ltd., Assa Corp., ASSA Corp.. (Attachments: #1 chart- resubmission)Filed In Associated Cases: 1:08-cv-10934-KBF, 1:09-cv-00553-KBF, 1:09-cv-00564-KBF, 1:10-cv-02464-KBF(Livingston, Peter) Modified on 9/26/2013 (db).
September 25, 2013 Opinion or Order Filing 909 ORDER: The Court considers the motion for summary judgment by the judgment creditors to be fully briefed. If any party wishes to make an additional submission, it shall do so by Monday, September 30, 2013. The Government, the in rem defendants, and all other parties involved in the forfeiture action shall propose a schedule and method of resolution as to the seven buildings owned in Alavi's name only. If the parties propose to resolve the issue via summary judgment, opening briefs shall be due Monday, October 7, 2013, and replies shall be due Wednesday, October 16, 2013. The Court further requests that the parties submit the correct versions of the three documents identified in footnote 21 of the Court's September 16, 2013, Opinion & Order-the July 1987 letter from Mazheri to Mousavi (incorrectly identified as McReynolds Decl. Ex. 21); the December 5, 1987 letter from Mazaheri to Ghasemi forwarding the December 1, 1987 letter from Mousavi to Mazaheri (incorrectly identified as Ex. 28); and the May 29, 1989 Foundation Minutes (incorrectly identified as Ex. 30)-as well as a correct version of the May 31, 1991 letter from Badr Taleh to the Ayatollah (Ex. 80). (Brief due by 10/7/2013., Responses due by 10/16/2013) (Signed by Judge Katherine B. Forrest on 9/25/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(rsh)
September 25, 2013 Filing 908 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - RESPONSE in Opposition to Motion re: (242 in 1:09-cv-00564-KBF, 611 in 1:08-cv-10934-KBF, 257 in 1:09-cv-00553-KBF, 218 in 1:10-cv-02464-KBF) MOTION for Sanctions Against Assa Corp And Assa Co. Limited., (604 in 1:08-cv-10934-KBF) MOTION for Sanctions., (671 in 1:08-cv-10934-KBF) MOTION for Sanctions Against Assa Corp. and Assa Co. Limited.. Document filed by ASSA Company Limited, ASSA Company Ltd., ASSA Corporation, Assa Corp., Assa Co. Ltd., Assa Corp., ASSA Corp.. (Attachments: #1 Chart)Filed In Associated Cases: 1:08-cv-10934-KBF, 1:09-cv-00553-KBF, 1:09-cv-00564-KBF, 1:10-cv-02464-KBF(Livingston, Peter) Modified on 9/26/2013 (db).
September 25, 2013 Opinion or Order Filing 907 MEMO ENDORSEMENT on re: (343 in 1:09-cv-04614-KBF, 397 in 1:09-cv-00165-KBF, 338 in 1:09-cv-04784-KBF, 904 in 1:08-cv-10934-KBF, 399 in 1:09-cv-00564-KBF, 414 in 1:09-cv-00553-KBF, 373 in 1:10-cv-02464-KBF, 393 in 1:09-cv-00166-KBF) Letter, filed by Craig H Hegna, Steven A Hegna, Paul B Hegna, Edwena R Hegna, Edwina R Hegna, Lynn M Hegna Moore. ENDORSEMENT: Ordered: Any party who wants to move for summary judgment on the innocent owner defense as to Assa or Alavi may/should do so not later than 10/7/13. Any opposition shall be filed not later than 10/16/13. No replies should be necessary. ( Motions due by 10/7/2013., Responses due by 10/16/2013) (Signed by Judge Katherine B. Forrest on 9/25/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro)
September 24, 2013 Filing 1012 INTERNET CITATION NOTE: Material from decision with Internet citation re: #865 Memorandum & Opinion. (sj)
September 24, 2013 Filing 906 LETTER addressed to Judge Katherine B. Forrest from Deborah B. Koplovitz dated September 24, 2013 re: Briefing schedule requested. Document filed by ASSA Company Limited, ASSA Corporation, Assa Co. Ltd., Assa Corp., ASSA Corp..Filed In Associated Cases: 1:08-cv-10934-KBF et al.(Koplovitz, Deborah)
September 24, 2013 Filing 905 MEMO ENDORSEMENT on re: (396 in 1:09-cv-00564-KBF, 411 in 1:09-cv-00553-KBF, 370 in 1:10-cv-02464-KBF, 898 in 1:08-cv-10934-KBF, 390 in 1:09-cv-00166-KBF, 394 in 1:09-cv-00165-KBF, 340 in 1:09-cv-04614-KBF) Letter, filed by Shirlee Hayman, Baruch Kahane, Maria Acosta, Ciporah Kaplan, Libby Kahane, Alan D. Hayman, Norman Kahane, Irving Franklin, Tova Ettinger, Ethel J. Griffin, Carlos Acosta. ENDORSEMENT: The trial in this matter is adjourned. The Court intends to rule on the summary judgment motions and proceed, as appropriate, after that. (Signed by Judge Katherine B. Forrest on 9/24/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(lmb)
September 24, 2013 Filing 904 LETTER addressed to Judge Katherine B. Forrest from Steven L. Kessler dated 09/24/2013 re: Request for leave to file motion for summary judgment. Document filed by Craig H Hegna, Edwena R Hegna, Edwina R Hegna, Paul B Hegna, Steven A Hegna, Lynn M Hegna Moore.Filed In Associated Cases: 1:08-cv-10934-KBF et al.(Dupont, Ralph)
September 24, 2013 Opinion or Order Filing 903 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Ralph P. Dupont dated 9/24/13 re: Counsel writes most respectfully and mindful of the others needs with respect to their trial preparation issues, as fully documented in last night's coordinated letters from the Government and counsel for certain Judgment Creditors to your Honor. These issues chiefly involve the need to obtain testimony of witnesses who the Government was expected to call at trial. ENDORSEMENT: Ordered: Post to docket. (Signed by Judge Katherine B. Forrest on 9/24/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro)
September 24, 2013 Opinion or Order Filing 902 ORDER: In light of the letter received today on behalf of the Judgment Creditors, the Wednesday, September 25 and Friday, September 27 due dates for declarations in the bench trial are suspended. Another order will follow. (Signed by Judge Katherine B. Forrest on 9/24/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro)
September 24, 2013 Filing 901 SEALED DOCUMENT placed in vault.(mps)
September 24, 2013 Filing 900 SEALED DOCUMENT placed in vault.(mps)
September 24, 2013 Filing 899 SEALED DOCUMENT placed in vault.(nm)
September 23, 2013 Filing 898 LETTER addressed to Judge Katherine B. Forrest from James L. Bernard dated 9/23/2013 re: Response Of The Judgment Creditors To The Court's Order At The Conference Held On September 20, 2013. Document filed by Carlos Acosta, Maria Acosta, Tova Ettinger, Irving Franklin, Ethel J. Griffin, Alan D. Hayman, Shirlee Hayman, Baruch Kahane, Libby Kahane, Norman Kahane, Ciporah Kaplan, Irving Franklin, Ethel J. Griffin.Filed In Associated Cases: 1:08-cv-10934-KBF et al.(Bernard, James)
September 23, 2013 Filing 897 LETTER addressed to Judge Katherine B. Forrest from James L. Bernard dated September 23, 2013 re: the Court's Direction of September 20th, Directing Judgment Creditors' to Inform the Court on their Position on the Remaining Alter Ego Claim. Document filed by Carlos Acosta, Maria Acosta, Tova Ettinger, Irving Franklin, Steven M. Greenbaum, Ethel J. Griffin, Alan D. Hayman, Shirlee Hayman, Baruch Kahane, Libby Kahane, Norman Kahane, Ciporah Kaplan.Filed In Associated Cases: 1:08-cv-10934-KBF et al.(Bernard, James)
September 23, 2013 Opinion or Order Filing 896 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Anand Sithian dated 9/19/2013 re: The Government respectfully submits this letter to request that the Court order the Clerk of the Court to remove from the public docket the entire endorsed letter and exhibits from the 650 Fifth Avenue Company and the Alavi Foundation (collectively "Alavi"). ENDORSEMENT: Post to docket. (Signed by Judge Katherine B. Forrest on 9/20/2013) (lmb)
September 23, 2013 Opinion or Order Filing 895 ORDER: The judgment creditor plaintiffs shall write a joint letter to the Court by Monday, September 23, 2013, at 5:00 p.m. to inform the Court whether they intend to forgo the alter ego argument. Assuming that the bench trial in the FSIA/TRIA matter proceeds, the parties will offer direct testimony by way of declaration. The plaintiffs' declarations are due on Wednesday, September 25, 2013. The defendants' declarations are due on Friday, September 27, 2013. (Signed by Judge Katherine B. Forrest on 9/23/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(lmb)
September 23, 2013 Opinion or Order Filing 894 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Anand Sithian dated 9/20/2013 re: In light of the Court's Summary Judgment Order, the Government respectfully requests permission to withdraw its letter motion to compel as moot. ENDORSEMENT: So ordered. The Clerk of Court shall terminate the letter-motion at ECF No. 829. (Signed by Judge Katherine B. Forrest on 9/23/2013) (lmb)
September 20, 2013 Filing 893 SEALED DOCUMENT placed in vault.(mps)
September 20, 2013 Filing 892 LETTER addressed to Judge Katherine B. Forrest from Dale K. Cathell dated 09/20/2013 re: Conference Call. Document filed by Judgment Creditors Estate of Michael Heiser et al. and Estate of Millard D. Campbell. et al..(Cathell, Dale)
September 20, 2013 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Timothy B. Fleming to RE-FILE Document #891 MOTION for Writ of Attachment as to Alavi Foundation, Assa Corp, Assa Co, Ltd., 650 Fifth Avenue Company, and Bank Melli Iran Declaration of Timothy B. Fleming. Use the event type Declaration in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (db)
September 20, 2013 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Timothy B. Fleming to RE-FILE Document #890 MOTION for Writ of Execution against Alavi Foundation, Assa Corp, Assa Co, Ltd, 650 Fifth Avenue Company, and Bank Melli Iran. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. Memorandum in Support of Motion is found under the Event Type - Replies, Opposition and Supporting Documents. Refile both documents. (db)
September 19, 2013 ***STRICKEN DOCUMENT. Deleted document number 881 from the case record. The document was stricken from this case pursuant to #889 Order,. ***Document stricken in its entirety pursuant to instructions from Chambers. (mro) Modified on 9/20/2013 (mro).
September 19, 2013 Filing 891 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Writ of Attachment as to Alavi Foundation, Assa Corp, Assa Co, Ltd., 650 Fifth Avenue Company, and Bank Melli Iran Declaration of Timothy B. Fleming. Document filed by Havlish Plaintiffs. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit)(Fleming, Timothy) Modified on 9/20/2013 (db).
September 19, 2013 Filing 890 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Writ of Execution against Alavi Foundation, Assa Corp, Assa Co, Ltd, 650 Fifth Avenue Company, and Bank Melli Iran. Document filed by Havlish Plaintiffs. (Attachments: #1 Memorandum In Support, #2 Text of Proposed Order)(Fleming, Timothy) Modified on 9/20/2013 (db).
September 19, 2013 Transmission to Sealed Records Clerk. Transmitted re: (336 in 1:09-cv-04614-KBF, 407 in 1:09-cv-00553-KBF, 392 in 1:09-cv-00564-KBF, 367 in 1:10-cv-02464-KBF, 332 in 1:09-cv-04784-KBF, 386 in 1:09-cv-00166-KBF, 390 in 1:09-cv-00165-KBF, 889 in 1:08-cv-10934-KBF) Order,, to the Sealed Records Clerk for the sealing or unsealing of document or case. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
September 19, 2013 Opinion or Order Filing 889 ORDER: The Clerk of Court is directed to remove the endorsed letter from Daniel S. Ruzumna dated September 19, 2013 and accompanying exhibit (ECF No. 881) from the public docket and to file that letter and attachment under seal. (Signed by Judge Katherine B. Forrest on 9/19/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro)
September 19, 2013 Filing 888 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/11/13 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)
September 19, 2013 Filing 887 TRANSCRIPT of Proceedings re: CONFERENCE held on 9/11/2013 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 10/15/2013. Redacted Transcript Deadline set for 10/24/2013. Release of Transcript Restriction set for 12/23/2013.(Rodriguez, Somari)
September 19, 2013 Filing 886 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/12/13 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)
September 19, 2013 Opinion or Order Filing 885 ORDER: The conference scheduled for Friday, September 20, 2013, at 4:00 p.m. is rescheduled to September 20 at 11:30 a.m. The Court prefers that counsel who intend to have a prominent speaking role at the conference attend in person. However, any parties who cannot attend in person shall call the Court (212-805-0139) from a single line at the time of the call. In addition, prior to the call, the party organizing the call is directed to file a letter on ECF containing the dial-in information. ( Status Conference set for 9/20/2013 at 11:30 AM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 9/19/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro)
September 19, 2013 Filing 884 TRANSCRIPT of Proceedings re: CONFERENCE held on 9/12/2013 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Jennifer Thun, (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 10/15/2013. Redacted Transcript Deadline set for 10/24/2013. Release of Transcript Restriction set for 12/23/2013.(Rodriguez, Somari)
September 19, 2013 Opinion or Order Filing 883 ORDER: The Court is in receipt of the parties' Proposed Order Awarding Attorney's Fees and Reimbursement of Expenses in connection with the Dubai depositions. If Assa would like to request to be heard on or submit a response with respect to the motion, it must do so by Tuesday, September 24, 2013, at 5:00 p.m. ( Responses due by 9/24/2013) (Signed by Judge Katherine B. Forrest on 9/19/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro)
September 19, 2013 Opinion or Order Filing 882 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Ralph P. Dupont dated 9/18/13 re: The Hegnas believe that the parties can be positioned to conclude on or before October 1, 2013. Of course should the Court conclude that a bench trial is necessary to resolve a disputed issue of fact, counsel remains ready to appear before your Honor at that time. ENDORSEMENT: Ordered: Post to docket. (We shall discuss at the conference on 9/20/13 at 4 pm). (Signed by Judge Katherine B. Forrest on 9/19/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro)
September 19, 2013 Filing 880 LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated September 19, 2013 re: Opposition to Judgment Creditors' Joint Motion for Summary Judgment. Document filed by 650 Fifth Avenue Company, Alavi Foundation.(Ruzumna, Daniel)
September 19, 2013 Filing 879 MEMORANDUM OF LAW in Opposition re: #869 JOINT MOTION for Summary Judgment For The Greenbaum, Acosta, Beer and Kirschenbaum Plaintiffs.. Document filed by 650 Fifth Avenue Company, Alavi Foundation. (Ruzumna, Daniel)
September 18, 2013 Filing 878 LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated September 18, 2013 re: Judgment Creditors' September 13, 2013 letter seeking to offer direct testimony by way of declaration rather than live testimony (Redacted). Document filed by 650 Fifth Avenue Company, Alavi Foundation.(Ruzumna, Daniel)
September 18, 2013 Opinion or Order Filing 877 JUDGMENT that for the reasons set forth in the August 27, 2013 Memorandum and Order, Claimants' Motion is DENIED because Claimants cannot assert a constructive trust on the 650 Properties and therefore lack the interest necessary to support Article III standing. Accordingly, Claimants' claims are hereby DISMISSED in their entirety and final judgment under Fed. R. Civ. P. 54(b) is entered against Claimants. (Signed by Judge Katherine B. Forrest on 9/18/13) (Attachments: #1 Notice of Right to Appeal)Filed In Associated Cases: 1:08-cv-10934-KBF et al.(ml)
September 18, 2013 Set/Reset Hearings: Status Conference set for 9/20/2013 at 04:00 PM before Judge Katherine B. Forrest. Associated Cases: 1:08-cv-10934-KBF et al.(mro)
September 18, 2013 Opinion or Order Filing 876 MEMO ENDORSEMENT on re: (384 in 1:09-cv-00564-KBF, 382 in 1:09-cv-00165-KBF, 324 in 1:09-cv-04784-KBF, 328 in 1:09-cv-04614-KBF, 874 in 1:08-cv-10934-KBF, 399 in 1:09-cv-00553-KBF, 359 in 1:10-cv-02464-KBF, 378 in 1:09-cv-00166-KBF) Letter,, filed by Shirlee Hayman, Baruch Kahane, Maria Acosta, Steven M. Greenbaum, Ciporah Kaplan, Libby Kahane, Alan D. Hayman, Norman Kahane, Irving Franklin, Tova Ettinger, Ethel J. Griffin, Carlos Acosta. ENDORSEMENT: Ordered: The Court has scheduled an in person conference on 9/20/13 at 4pm (The Court is unavailable at 9:30 a.m.). (Signed by Judge Katherine B. Forrest on 9/18/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro) Modified on 9/18/2013 (mro).
September 18, 2013 Filing 875 LETTER addressed to Judge Katherine B. Forrest from Ira S. Sacks dated 9/10/13 re: Claimants respectfully request that the Court enter the attached Proposed Judgment, pursuant to Fed. R. Civ. P. 54(b), so that a final appealable judgment will be on record dismissing Claimants' claims. No possible prejudice to any other party or entity will result from such a judgment. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
September 17, 2013 Filing 874 LETTER addressed to Judge Katherine B. Forrest from James L. Bernard dated September 17, 2013 re: Scheduling A Conference As To The Motion For Summary Judgment Filed By The Greenbaum, Acosta, Beer And Kirschenbaum Judgment Creditors. Document filed by Carlos Acosta, Maria Acosta, Tova Ettinger, Irving Franklin, Steven M. Greenbaum, Ethel J. Griffin, Alan D. Hayman, Shirlee Hayman, Baruch Kahane, Libby Kahane, Norman Kahane, Ciporah Kaplan, Steven M. Greenbaum, Irving Franklin, Ethel J. Griffin, Libby Kahane, Norman Kahane.Filed In Associated Cases: 1:08-cv-10934-KBF et al.(Bernard, James)
September 17, 2013 Filing 873 SEALED DOCUMENT placed in vault.(nm)
September 17, 2013 Filing 872 LETTER addressed to Judge Katherine B. Forrest from Ira D. Sacks dated September 17, 2013 re: In re 650 Fifth Avenue and Related Properties. Document filed by Djhanbani Family Members, Khoshkish Family Members, Khosrowshahi Family Members, Sohrab Vahabzadeh. (Attachments: #1 Sept 10 Letter and Proposed Judgment)(Sacks, Ira)
September 17, 2013 Filing 871 MEMORANDUM OF LAW in Support re: (356 in 1:10-cv-02464-KBF) JOINT MOTION for Summary Judgment For The Greenbaum, Acosta, Beer and Kirschenbaum Plaintiffs.. Document filed by Carlos Acosta, Maria Acosta, Tova Ettinger, Irving Franklin, Steven M. Greenbaum, Ethel J. Griffin, Alan D. Hayman, Shirlee Hayman, Baruch Kahane, Libby Kahane, Norman Kahane, Ciporah Kaplan, Steven M. Greenbaum, Irving Franklin, Ethel J. Griffin, Libby Kahane, Norman Kahane. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(Bernard, James)
September 17, 2013 Filing 870 DECLARATION of James L. Bernard in Support re: (356 in 1:10-cv-02464-KBF) JOINT MOTION for Summary Judgment For The Greenbaum, Acosta, Beer and Kirschenbaum Plaintiffs.. Document filed by Carlos Acosta, Maria Acosta, Tova Ettinger, Irving Franklin, Steven M. Greenbaum, Alan D. Hayman, Shirlee Hayman, Baruch Kahane, Libby Kahane, Norman Kahane, Ciporah Kaplan, Steven M. Greenbaum, Steven M. Greenbaum, Ethel J. Griffin, Irving Franklin, Ethel J. Griffin, Libby Kahane, Norman Kahane. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 10-1, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 12-2, #15 Exhibit 12-3, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, #20 Exhibit 17, #21 Exhibit 18, #22 Exhibit 19, #23 Exhibit 20, #24 Exhibit 21, #25 Exhibit 22, #26 Exhibit 23, #27 Exhibit 24)Filed In Associated Cases: 1:08-cv-10934-KBF et al.(Bernard, James)
September 17, 2013 Filing 869 JOINT MOTION for Summary Judgment For The Greenbaum, Acosta, Beer and Kirschenbaum Plaintiffs. Document filed by Carlos Acosta, Maria Acosta, Tova Ettinger, Irving Franklin, Steven M. Greenbaum, Ethel J. Griffin, Alan D. Hayman, Shirlee Hayman, Baruch Kahane, Libby Kahane, Norman Kahane, Steven M. Greenbaum, Steven M. Greenbaum, Steven M. Greenbaum, Ciporah Kaplan, Irving Franklin, Ethel J. Griffin, Libby Kahane, Norman Kahane.Filed In Associated Cases: 1:08-cv-10934-KBF et al.(Bernard, James)
September 17, 2013 Opinion or Order Filing 868 MEMO ENDORSEMENT on re: (377 in 1:09-cv-00564-KBF, 375 in 1:09-cv-00165-KBF, 318 in 1:09-cv-04784-KBF, 371 in 1:09-cv-00166-KBF, 866 in 1:08-cv-10934-KBF, 392 in 1:09-cv-00553-KBF, 353 in 1:10-cv-02464-KBF, 321 in 1:09-cv-04614-KBF) Letter filed by Havlish Plaintiffs. ENDORSEMENT: Ordered: The Havlish complaint should be listed on pages 29-30 with the other judgment creditors and is hereby deemed included. (A corrected opinion will issue.) (Signed by Judge Katherine B. Forrest on 9/17/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro)
September 17, 2013 Transmission to Sealed Records Clerk. Transmitted re: (354 in 1:10-cv-02464-KBF, 393 in 1:09-cv-00553-KBF, 867 in 1:08-cv-10934-KBF, 322 in 1:09-cv-04614-KBF, 372 in 1:09-cv-00166-KBF, 378 in 1:09-cv-00564-KBF, 319 in 1:09-cv-04784-KBF, 376 in 1:09-cv-00165-KBF) Endorsed Letter,,,, to the Sealed Records Clerk for the sealing or unsealing of document or case. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
September 17, 2013 Opinion or Order Filing 867 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Anand Sithian dated 9/16/13 re: The Government respectfully submits this letter to request that the Court order the Clerk of the Court to remove from the public docket the license from the United States Department of Treasury, Office of Foreign Assets Control ("OFAC"). This OFAC license is pages 3 through 5 of ECF Docket Entry 864, which was posted on ECF earlier today. This OFAC license has been provided to the relevant licensees and was not intended to be publicly filed on ECF. ENDORSEMENT: Ordered: Application granted. The Clerk of Court is directed to remove pages 3-5 of ECF No. 864. Those pages should be filed under seal. (Signed by Judge Katherine B. Forrest on 9/17/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro)
September 16, 2013 Filing 866 LETTER addressed to Judge Katherine B. Forrest from Dennis G. Pantazis dated September 16, 2013 re: Havlish Complaint. Document filed by Havlish Plaintiffs.Filed In Associated Cases: 1:08-cv-10934-KBF et al.(Pantazis, Dennis)
September 16, 2013 Opinion or Order Filing 865 OPINION & ORDER: #10934 As set forth above, all of the assets at issue in this litigation, with the exception of the seven Alavi-only properties described supra, are subject to forfeiture. Issues relating to the seven Alavi-only properties and the innocent owner defense of the judgment creditors are severed for further proceedings. (Signed by Judge Katherine B. Forrest on 9/16/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro) Modified on 9/19/2013 (ca).
September 16, 2013 Opinion or Order Filing 864 MEMO ENDORSEMENT on re: (862 in 1:08-cv-10934-KBF) Letter, filed by United States of America pursuant to the Court's Memorandum Decision & Order of September 4, 2013. ENDORSEMENT: ORDERED: Post on Docket. (Signed by Judge Katherine B. Forrest on 9/16/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro) (Main Document 864 replaced on 9/17/2013) (tro).
September 13, 2013 Opinion or Order Filing 863 ORDER granting (857) Letter Motion for Extension of Time to File Response/Reply ( Responses due by 9/20/2013) in case 1:08-cv-10934-KBF. The Government requests that the deadline to file its proffer and response to the Rule 37 letter motion be adjourned until Friday, September 20, 2013, after the Government has had an opportunity to read and analyze the Court's forthcoming opinion regarding summary judgment. Ordered: Application granted. (Signed by Judge Katherine B. Forrest on 9/13/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro)
September 13, 2013 Filing 862 LETTER addressed to Judge Katherine B. Forrest from Anand Sithian dated 09/13/2013 re: Issuance of OFAC License for Payments of Costs, Fees, and Expenses, Pursuant to Rule 37 Sanctions Order Against Assa. Document filed by United States of America.(Sithian, Anand)
September 13, 2013 Filing 861 MEMO ENDORSEMENT on re: (313 in 1:09-cv-04784-KBF, 316 in 1:09-cv-04614-KBF, 387 in 1:09-cv-00553-KBF, 372 in 1:09-cv-00564-KBF, 859 in 1:08-cv-10934-KBF, 370 in 1:09-cv-00165-KBF, 348 in 1:10-cv-02464-KBF, 366 in 1:09-cv-00166-KBF) Letter filed by Shirlee Hayman, Baruch Kahane, Maria Acosta, Steven M. Greenbaum, Ciporah Kaplan, Libby Kahane, Alan D. Hayman, Norman Kahane, Irving Franklin, Tova Ettinger, Ethel J. Griffin, Carlos Acosta, confirming that counsel is able to submit some witnesses' direct testimony to the Court in the form of a declaration, with the witness then being presented in Court for cross and re-direct examination. ENDORSEMENT: In bench trials, that would be the Court's strong preference. (Signed by Judge Katherine B. Forrest on 9/13/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro)
September 13, 2013 Filing 860 SEALED DOCUMENT placed in vault.(nm)
September 13, 2013 Filing 859 LETTER addressed to Judge Katherine B. Forrest from James L. Bernard dated September 13, 2013 re: Submission by the Greenbaum, Acosta, Beer and Kirschenbaum judgment creditors of some witnesses' direct testimony to the Court in the form of a declaration. Document filed by Carlos Acosta, Maria Acosta, Tova Ettinger, Irving Franklin, Steven M. Greenbaum, Ethel J. Griffin, Alan D. Hayman, Shirlee Hayman, Baruch Kahane, Libby Kahane, Norman Kahane, Ciporah Kaplan.Filed In Associated Cases: 1:08-cv-10934-KBF et al.(Bernard, James)
September 13, 2013 Opinion or Order Filing 858 ORDER: As stated at the teleconference held on September 12, 2013, the bench trial in the private creditors' FSIA/TRIA action shall be adjourned until Monday, September 30, 2013. The private creditor plaintiffs shall advise the Court no later than Tuesday, September 17, 2013, at 12:00 p.m., as to the extent to which they will adopt the Government's Rule 56.1 Statement and accompanying evidentiary record on any motion for summary judgment. 650 Fifth Ave. and Alavi shall advise the Court no later than Thursday, September 19, 2013, at 12:00 p.m., as to what additional evidence they intend to submit on any motion for summary judgment in light of the private creditor plaintiffs' submission. (Signed by Judge Katherine B. Forrest on 9/13/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro)
September 12, 2013 ***DELETED DOCUMENT. Deleted document number 855 NOTICE OF FILING OF OFFICIAL TRANSCRIPT. The document was incorrectly filed in this case. (mt)
September 12, 2013 ***DELETED DOCUMENT. Deleted document number 854 TRANSCRIPT. The document was incorrectly filed in this case. (mt)
September 12, 2013 Filing 857 LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Katherine B. Forrest from Anand Sithian dated 09/12/2013. Document filed by United States of America. Return Date set for 9/20/2013 at 05:30 PM.(Sithian, Anand)
September 12, 2013 Transmission to Sealed Records Clerk. Transmitted re: (385 in 1:09-cv-00553-KBF, 314 in 1:09-cv-04614-KBF, 370 in 1:09-cv-00564-KBF, 311 in 1:09-cv-04784-KBF, 368 in 1:09-cv-00165-KBF, 346 in 1:10-cv-02464-KBF, 856 in 1:08-cv-10934-KBF, 364 in 1:09-cv-00166-KBF) Order, to the Sealed Records Clerk for the sealing or unsealing of document or case. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
September 12, 2013 Opinion or Order Filing 856 ORDER: The Clerk of Court is hereby directed to remove the letter addressed to the Court from Daniel S. Ruzumna, Esq. dated September 10, 2013 and accompanying exhibit list (ECF No. 846 in 08-cv-10934) from the docket and to file that letter and attachment under seal. The Clerk shall not delete the text of the docket entry. (Signed by Judge Katherine B. Forrest on 9/12/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro) Modified on 9/12/2013 (mro).
September 12, 2013 Opinion or Order Filing 853 MEMO ENDORSEMENT on re: (309 in 1:09-cv-04614-KBF, 363 in 1:09-cv-00165-KBF, 847 in 1:08-cv-10934-KBF, 306 in 1:09-cv-04784-KBF, 341 in 1:10-cv-02464-KBF, 365 in 1:09-cv-00564-KBF, 380 in 1:09-cv-00553-KBF, 359 in 1:09-cv-00166-KBF) LETTER filed by Shirlee Hayman, Baruch Kahane, Maria Acosta, Steven M. Greenbaum, Ciporah Kaplan, Libby Kahane, Alan D. Hayman, Norman Kahane, Irving Franklin, Tova Ettinger, Ethel J. Griffin, Carlos Acosta proposing that for each witness called who invokes the Fifth Amendment that the Judgment Creditors be permitted to ask each witness no more than 20 questions outside the presence of the jury and that each witness's deposition testimony, along with the exhibits reflecting the questions posed to the witness, be introduced into evidence in the bench trial. Ordered: Application granted. (Signed by Judge Katherine B. Forrest on 9/12/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro)
September 12, 2013 Opinion or Order Filing 852 MEMO ENDORSEMENT on re: (843 in 1:08-cv-10934-KBF) LETTER filed by Judgment Creditors Estate of Michael Heiser et al. and Estate of Millard D. Campbell. et al. requesting that the names of the plaintiffs listed herein be corrected as provided herein. ENDORSEMENT: So ordered. (Signed by Judge Katherine B. Forrest on 9/12/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro)
September 12, 2013 Set/Reset Hearings: Telephone Conference set for 9/12/2013 at 10:00 AM before Judge Katherine B. Forrest. Associated Cases: 1:08-cv-10934-KBF et al.(mro)
September 12, 2013 Opinion or Order Filing 851 ORDER denying (677) Motion for Partial Summary Judgment; denying (681) Motion for Summary Judgment; granting (682) Motion for Summary Judgment in case 1:08-cv-10934-KBF. For the reasons stated on the record at the September 11, 2013, telephonic conference, in the above-captioned matter: (1) The Motion for Partial Summary Judgment filed by 650 Fifth Avenue Company and Alavi Foundation on claims brought by the Government against the claimants' properties (ECF No. 677) is DENIED. (2) The Motion for Partial Summary Judgment filed by 650 Fifth Avenue Company and Alavi Foundation on all claims brought by the private plaintiffs and judgment creditor claimants against the defendants (ECF No. 682) is DENIED. (3) With respect to the Motion for Summary Judgment filed by the United States of America (ECF No. 681): (1) The seven properties held in the name of Alavi only are severed from the forfeiture action; (2) any innocent owner defenses with respect to the private plaintiffs/judgment creditors are also severed; (3) the remainder of the Government's motion is GRANTED. A written opinion shall follow. This Order is not a final judgment for purpose of any appeal(s). Appropriate procedural steps shall be taken up after the Court releases a written opinion setting forth its rationale. (4) The parties shall appear for a telephonic conference at 10:00 a.m. on Thursday, September 12, 2013. All parties shall call Chambers (212-805-0139) from a single line at the time of the call. In addition, prior to the call, the party organizing the call is directed to file a letter on ECF containing the dial-in information. The Clerk of Court is directed to close the motions at ECF Nos. 677, 681 and 682. (Signed by Judge Katherine B. Forrest on 9/12/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
September 12, 2013 Filing 850 NOTICE of Court Teleconference Dial-In Information. Document filed by United States of America. (Sithian, Anand)
September 11, 2013 Filing 849 NOTICE of Court Teleconference Dial-In Information. Document filed by United States of America. (Lockard, Michael)
September 11, 2013 Filing 848 LETTER addressed to Judge Katherine B. Forrest from James L. Bernard dated September 11, 2013 re: Reply to Letter from Counsel for the Hegna Judgment Creditors, Dated September 8, 2013, concerning severance. Document filed by Carlos Acosta, Maria Acosta, Tova Ettinger, Irving Franklin, Steven M. Greenbaum, Ethel J. Griffin, Alan D. Hayman, Shirlee Hayman, Baruch Kahane, Libby Kahane, Norman Kahane, Ciporah Kaplan.Filed In Associated Cases: 1:08-cv-10934-KBF et al.(Bernard, James)
September 11, 2013 Filing 847 LETTER addressed to Judge Katherine B. Forrest from James L. Bernard dated September 11, 2013 re: Clarification Concerning Proper Procedure for Fifth Amendment Invocation Questions in the Judgment Creditors' Bench Trial and the Court's Order of Today.. Document filed by Carlos Acosta, Maria Acosta, Tova Ettinger, Irving Franklin, Steven M. Greenbaum, Ethel J. Griffin, Alan D. Hayman, Shirlee Hayman, Baruch Kahane, Libby Kahane, Norman Kahane, Ciporah Kaplan.Filed In Associated Cases: 1:08-cv-10934-KBF et al.(Bernard, James)
September 11, 2013 Opinion or Order Filing 846 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 9/10/13 re: Counsel submits this letter on behalf of the Alavi Foundation (the "Foundation") and the 650 Fifth Avenue Company (the "Fifth Avenue Company" and, collectively, "Claimants") to provide the Court with an updated copy of Claimants' exhibit list and other parties' objections. ENDORSEMENT: ORDERED: Post on Docket. (Signed by Judge Katherine B. Forrest on 9/11/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro)
September 11, 2013 Filing 845 LETTER addressed to Judge Katherine B. Forrest from Ira S. Sacks dated 9/10/2013 re: Proposed Judgment on Order (Doc. No. 732). Document filed by Djhanbani Family Members, Khoshkish Family Members, Khosrowshahi Family Members, Sohrab Vahabzadeh. (Attachments: #1 Text of Proposed Order Proposed Judgment)(Sacks, Ira)
September 11, 2013 Opinion or Order Filing 844 ORDER; The parties shall appear for a telephonic conference at 4:00 p.m., Wednesday, September 11, 2013. All parties shall call Chambers (212-805-0139) from a single line at the time of the call. In addition, prior to the call, the party organizing the call is directed to file a letter on ECF containing the dial-in information. (Signed by Judge Katherine B. Forrest on 9/11/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(jp)
September 11, 2013 Filing 843 LETTER addressed to Judge Katherine B. Forrest from Richard M. Kremen dated 09/11/2013 re: Correction to the description of seven of the Heisers in the Heisers' turnover petition. Document filed by Judgment Creditors Estate of Michael Heiser et al. and Estate of Millard D. Campbell. et al..(Kremen, Richard)
September 11, 2013 Opinion or Order Filing 842 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 9/9/13 re: Counsel submits this letter on behalf of the Alavi Foundation (the "Foundation") and the 650 Fifth Avenue Company (the "Fifth Avenue Company" and, collectively, "Claimants") in connection with the Court's September 4, 2013 Order directing the parties to submit a letter by September 9, 2013 indicating whether they have entered into an authenticity stipulation. (ECF 803). Counsel now writes this letter to inform the Court that, although they have not yet entered into an authenticity stipulation, counsel has every expectation that they will be able to work cooperatively with the Government on this issue. Counsel respectfully requests until September 12, 2013 to provide a further update to the Court. ENDORSEMENT: Ordered: Application granted. (Signed by Judge Katherine B. Forrest on 9/10/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro)
September 11, 2013 Opinion or Order Filing 841 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Martin S. Bell dated 9/10/13 re: The Government respectfully writes in response to the Court's order this morning. The Government respectfully urges the Court to reconsider the limit, imposed days before trial, which would effectively cripple the Government's presentation, and adopt a half-hour per witness limit instead. ENDORSEMENT: Ordered: The issue is balancing (1) ability for jury to see the witness's demeanor, (2) hearing the witness be questioned and invoke the 5th, and (3) not having the jury confuse the questions for testimony or evidence. The Court will not adopt a half-hour limit (because I could/anyone could read the dep. questions aloud in their entirety in a half hour, without pauses)--but the Court will take a proffer consistent with the above guidance at trial. The Government is instructed not to assume it will have the opportunity to ask numerous individual questions. (Signed by Judge Katherine B. Forrest on 9/11/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro)
September 11, 2013 Opinion or Order Filing 840 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 9/10/13 re: Counsel submits this letter on behalf of the Alavi Foundation (the "Foundation") and the 650 Fifth A venue Company (the "Fifth Avenue Company" and, collectively, "Claimants") in response to the Government's September 9, 2013 letter motion for reconsideration of the Court's decision denying the Government permission to use documents obtained from the search of the Foundation that were not produced in discovery, which the Court has deemed a motion to compel. ENDORSEMENT: Ordered: With the exception of the telephone bills, the letter-motion to compel (which is how the Court construes the Government's motion) is denied. The Government shall provide support relating to a request that would encompass the telephone records, and set forth information (proffer) on their role in the case, by 9/12 at 5 pm. (Signed by Judge Katherine B. Forrest on 9/11/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro) Modified on 9/11/2013 (mro).
September 11, 2013 Opinion or Order Filing 839 ORDER FOR ADMISSION PRO HAC VICE granting #827 Motion for Jeffrey Herschman to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Jeffrey Herschman is admitted Pro Have Vice for all purposes as counsel for the Claimants the Estate of Michael Heiser, et al., and the Estate of Millard D. Campbell, et al. (Signed by Judge Katherine B. Forrest on 9/11/2013) (mro)
September 11, 2013 Opinion or Order Filing 838 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Lauren Genvert Goetzl dated 9/9/13 re: The Heisers respectfully request that the Court permit the Heisers and Courtroom Connect to activate the wireless Internet in Your Honor's courtroom for the Heisers' use during the upcoming trial. ENDORSEMENT: Ordered: Application granted. (Signed by Judge Katherine B. Forrest on 9/11/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro)
September 10, 2013 Filing 837 LETTER addressed to Judge Katherine B. Forrest from Anand Sithian dated 09/10/2013 re: Precluding Evidence of Statute of Limitations Defense. Document filed by United States of America.(Sithian, Anand)
September 10, 2013 Filing 836 LETTER addressed to Judge Katherine B. Forrest from Lauren Genvert Goetzl dated 09/10/2013 re: high-speed wired Internet access in the courtroom. Document filed by Judgment Creditors Estate of Michael Heiser et al. and Estate of Millard D. Campbell. et al..(Genvert, Lauren)
September 10, 2013 Filing 835 LETTER addressed to Judge Katherine B. Forrest from Dennis Pantazis dated September 10, 2013 re: Proposed Technology Order. Document filed by Havlish Plaintiffs.Filed In Associated Cases: 1:08-cv-10934-KBF et al.(Pantazis, Dennis)
September 10, 2013 Filing 834 LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 09/10/2013 re: Government's September 9, 2013 Letter Motion to Compel. Document filed by 650 Fifth Avenue Company, Alavi Foundation.(Ruzumna, Daniel)
September 10, 2013 Opinion or Order Filing 833 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 9/9/13 re: Counsel respectfully submits this letter on behalf of the Alavi Foundation (the "Foundation") and the 650 Fifth Avenue Company (the "Fifth Avenue Company") in response to the Court's order directing the parties to submit potential adverse jury instructions as to Assa Corp. and Assa Company Limited (the "Assa Claimants") and to the Government's proposed instructions in a letter dated September 6, 2013. ENDORSEMENT: Ordered: Post to docket. (Signed by Judge Katherine B. Forrest on 9/10/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro)
September 10, 2013 Set/Reset Deadlines: Responses due by 9/12/2013 (set pursuant to instructions from Chambers) Associated Cases: 1:08-cv-10934-KBF et al.(mro)
September 10, 2013 Opinion or Order Filing 832 ORDER: The Court has reviewed the Government's letter dated September 9, 2013, requesting reconsideration of footnote five of the Court's Opinion and Order of that same date, which denied the motion of the Alavi Foundation and 650 Fifth Ave. Co. for suppression of evidence. The Court reads the Government's letter as a motion to compel the documents listed in its September 9 letter as part of the civil discovery in this matter. It is therefore ORDERED that, not later than Thursday, September 12, 2013, Alavi shall respond to the Government's letter motion to compel in accordance with the Court's individual rules. (Signed by Judge Katherine B. Forrest on 9/10/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro)
September 10, 2013 Opinion or Order Filing 831 ORDER: The Court finds that, as part of the Rule 37 sanctions awarded against Assa Corp. and Assa Co. Ltd. in the Memorandum Decision and Order of September 4, 2013 (ECF No. 796), the failure of Assa Representatives Davood Shakeri, Fatemeh Aghamiri, and Mohammad Hassan Deghani Tafti to appear for their duly noticed depositions shall preclude Assa from calling these witnesses at trial. (Signed by Judge Katherine B. Forrest on 9/10/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro)
September 10, 2013 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #827 MOTION for Jeffrey Herschman to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8852964. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (bwa)
September 10, 2013 Filing 829 LETTER addressed to Judge Katherine B. Forrest from Carolina A. Fornos dated September 9, 2013 re: Reconsideration of Trial Exhibits. Document filed by United States of America.(Fornos, Carolina)
September 9, 2013 Opinion or Order Filing 830 ORDER: The Court has further reviewed its ruling on the Alavi and Government motions in limine as regards the assertion of the Fifth Amendment privilege against self-incrimination by witnesses called live at trial, along with the relevant case law in this Circuit. As such, on the morning of trial the Court will provide further instructions to the parties as to the procedure to be employed for witnesses asserting the Fifth Amendment privilege. The parties are placed on notice that the Court will not permit every deposition question to be read into the record. Rather, some limited number of questions (in the neighborhood of five per witness) may be allowed but the Court will want to preview these questions before the relevant witness takes the stand. (Signed by Judge Katherine B. Forrest on 9/9/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro)
September 9, 2013 Opinion or Order Filing 828 OPINION & ORDER #103546 denying (535 in 1:08-cv-10934-KBF) MOTION to Suppress Evidence filed by 650 Fifth Avenue Company, Alavi Foundation. The motion of the Alavi Foundation and 650 Fifth Ave. Co. for suppression of evidence is DENIED. The Clerk of Court is directed to terminate the motion at ECF No. 535. (Signed by Judge Katherine B. Forrest on 9/9/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(ft) Modified on 9/11/2013 (sdi).
September 9, 2013 Filing 827 MOTION for Jeffrey Herschman to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8852964. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Judgment Creditors Estate of Michael Heiser et al. and Estate of Millard D. Campbell. et al.. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order)(Herschman, Jeffrey)
September 9, 2013 Opinion or Order Filing 826 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Ralph P. Dupont dated 9/8/13 re: Counsel requests that the Court decline to entertain a motion for severance from a movant who is not a party to the action and, therefore, lacks standing to even make such a motion in any form. On the merits, the Court should refuse to sever any portion of the Hegnas' defenses of their liens within the forfeiture action and adhere to its sound trial management plan. ENDORSEMENT: ORDERED: Post on Docket. (Signed by Judge Katherine B. Forrest on 9/9/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro)
September 9, 2013 Opinion or Order Filing 825 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Ralph P. Dupont dated 9/8/13 re: The Hegna Lienor-Claimants in the above-captioned forfeiture action respectfully writes that they join in the Government's requested jury instruction respecting Assa Corp. and Assa Company Limited with minor exceptions relating to factual statements concerning Mr. Tafti's activities on behalf of Bank Melli, Iran, the true owner with the Alavi Foundation of 40% of the office building at 650 Fifth Avenue. ENDORSEMENT: ORDERED: Post on Docket. (Signed by Judge Katherine B. Forrest on 9/9/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro) Modified on 9/9/2013 (mro).
September 9, 2013 Filing 824 LETTER addressed to Judge Katherine B. Forrest from James L. Bernard dated 9/9/13 re: Responding to Govt's request to admit certain documents produced after the April 1, 2013 deadline. Document filed by Carlos Acosta, Maria Acosta, Tova Ettinger, Irving Franklin, Steven M. Greenbaum, Ethel J. Griffin, Alan D. Hayman, Shirlee Hayman, Baruch Kahane, Libby Kahane, Norman Kahane, Ciporah Kaplan, Steven M. Greenbaum, Steven M. Greenbaum, Steven M. Greenbaum, Steven M. Greenbaum, Steven M. Greenbaum, Irving Franklin, Ethel J. Griffin, Libby Kahane, Norman Kahane.Filed In Associated Cases: 1:08-cv-10934-KBF et al.(Bernard, James)
September 9, 2013 Opinion or Order Filing 823 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Noel J. Nudelman dated 9/9/13 re: Counsel writes to inform the Court that Bland, Brown, Valore, Botvin Judgment Creditors join in the request set forth in the letter to Your Honor from James I. Bernard on behalf of the Greenbaum, Acosta, Beer, Kirschbaum, Havlish, Heiser, Rubin, Holland, Valencia, Welch, Campuzano, Blais, Stethem, Higgins and Brewer Judgment Creditors dated September 6, 2013 that the Court sever the claims of the judgment creditors concerning their statements of claims, liens and priority agreements from the trial of the civil the civil forfeiture and FSIA/TRIA claims. ENDORSEMENT: ORDERED: Post on Docket. (Signed by Judge Katherine B. Forrest on 9/9/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro)
September 9, 2013 Opinion or Order Filing 822 ENDORSED LETTER addressed to Judge Katherine B. Forrest from James L. Bernard dated 9/6/13 re: Counsel writes to elaborate on a point briefly raised during the Final Pre-Trial Conference held on September 4, 2013, concerning the claims that remain pending against the Assa Defendants. On June 6, 2013, the Court issued an Opinion and Order granting certain judgment creditors partial summary judgment against the Assa Defendants. That Opinion and Order, however, did not dispose of all claims of all judgment creditors against the Assa Defendants. In addition to asserting claims against the Assa Defendants pursuant to TRIA, which the Opinion and Order addressed, certain judgment creditors also asserted claims against the Assa Defendants pursuant to various provisions of the Foreign Sovereign Immunity Act, which claims would permit recovery of punitive damages that are unavailable under TRIA. ENDORSEMENT: Ordered: Post to docket. (Thank you.) (Signed by Judge Katherine B. Forrest on 9/9/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro) Modified on 9/9/2013 (mro).
September 9, 2013 Opinion or Order Filing 821 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Ralph P. Dupont dated 9/6/13 re: The Hegnas' trial preparation has conformed to the trial management plan in recognition of the Government's lead role in the forfeiture action and a simultaneous bench trial of the SCO matter and the various plaintiff-creditors' actions. To change the management plan now runs an unpredictable chance of seriously prejudicing the Hegnas defense of its liens within the forfeiture action. ENDORSEMENT: ORDERED: Post on Docket. (Signed by Judge Katherine B. Forrest on 9/9/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro)
September 9, 2013 Opinion or Order Filing 820 ENDORSED LETTER addressed to Judge Katherine B. Forrest from James L. Bernard dated 9/6/13 re: Counsel writes to respectfully request, as discussed at the conference held on September 4, 2013, that the Court sever certain matters from the upcoming trial. ENDORSEMENT: ORDERED: Post on Docket. (Signed by Judge Katherine B. Forrest on 9/9/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro)
September 9, 2013 Filing 819 LETTER addressed to Judge Katherine B. Forrest from Noel Nudelman dated 9/9/2013 re: severance of the judgment creditors claims. Document filed by Ruth Ann Bland, Julie Goldberg-Botvin.Filed In Associated Cases: 1:08-cv-10934-KBF et al.(Nudelman, Noel)
September 9, 2013 Opinion or Order Filing 818 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Martin S. Bell dated 9/6/13 re: The Government respectfully writes in response to the Court's order directing the parties to submit potential adverse jury instructions in light of the Court's September 4, 2013 determination of various parties' motions for sanctions against Assa Corp. and Assa Company Limited (the "Assa Claimants") for their failure to make Assa Corp. shareholders Davood Shakeri and Fatemeh Aghamiri and Assa Corp. President Mohammed Deghani Tafti available for court-ordered depositions in Dubai. ENDORSEMENT: ORDERED: Post on Docket. (Signed by Judge Katherine B. Forrest on 9/9/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro)
September 9, 2013 Opinion or Order Filing 817 ORDER: The Court has reviewed the Alavi defendant-claimants' letter motion to preclude the Government from calling ____ as a trial witness, along with the Government's response letter dated September 4, 2013, and Alavi's reply dated September 5, 2013. As the parties to this action are well aware, by its Order of February 1, 2013, the Court required the Government to produce its witness list not later than April 1, 2013. The Government did not produce its list until May 21, 2013, and the Court awarded appropriate relief to claimants on this basis ____ was disclosed as a likely trial witness on August 25, 2013; he was not listed on the Government's May 21 submission. Despite the late disclosure of ____, the Court finds good cause shown and will permit him to testify, provided that claimants are afforded the opportunity (if they so choose) to depose him for not more than three hours prior to his testimony. If necessary, this deposition may occur following the commencement of trial. The Court does not find great prejudice in the timing of the disclosure of ____ as a likely trial witness, especially since claimants will be afforded the opportunity to depose him and in consideration of the fact that the Government learned of his potential relevance during an extremely busy pretrial period in the early summer. The relevance of his potential testimony and the fact that the Court has not been inundated with similar requests to add late-disclosed witnesses also support the Court's decision. ____ may testify. (Signed by Judge Katherine B. Forrest on 9/9/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro)
September 9, 2013 Opinion or Order Filing 816 ORDER: At the September 4, 2013, final pretrial conference, the Court ruled that the Government would not be permitted to "claw back" two documents-Exhibits A and B to the letter of Mr. Ruzumna dated August 28, 2013-that the Government now states are privileged but were inadvertently disclosed to claimants. The Court deemed that the Government had waived any assertion of privilege with respect to Exhibit A, as that document had been used in a prior deposition without objection. However, the Court permitted the Government to move for reconsideration as to Exhibit B, which was not used in any deposition. The Court has now reviewed the Government's letter motion for reconsideration dated September 6, 2013, and the Alavi response of September 8, 2013. The Government's briefing demonstrates that Exhibit B contains information regarding ongoing and future investigations that is absent from Exhibit A. As such, the Court finds that Exhibit B is subject to the deliberative process privilege. The Court further finds that the Government has not waived privilege by failure to object to claimants' use of the document or failure to do so in a timely manner. Rather, the Protective Order governing this matter and the normal procedures under the Federal Rules mandate that, absent a waiver, privileged documents inadvertently produced are subject to "claw back", It is therefore ORDERED that claimants shall return Exhibit B to the Government; its use by any party is precluded. Further, claimants shall ensure that any docket entries including or mentioning the substance of Exhibit B are redacted. The Court's ruling that the Government waived its privilege with respect to Exhibit A stands. (Signed by Judge Katherine B. Forrest on 9/9/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro)
September 9, 2013 Filing 815 LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 9/8/13 re: Counsel submits this letter on behalf of the Alavi Foundation (the "Foundation") and the 650 Fifth Avenue Company (the "Fifth Avenue Company" and, collectively, "Claimants") in response to the Government's September 6, 2013 letter motion for reconsideration of the Court's decision denying the Government's request to "claw back" the second of two documents at issue. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
September 9, 2013 Filing 814 LETTER addressed to Judge Katherine B. Forrest from James L. Bernard dated September 6, 2013 re: A Point Briefly Raised During The Final Pre-Trial Conference Held On September 4, 2013. Document filed by Tova Ettinger, Irving Franklin, Steven M. Greenbaum, Ethel J. Griffin, Alan D. Hayman, Shirlee Hayman, Baruch Kahane, Libby Kahane, Norman Kahane, Ciporah Kaplan, Steven M. Greenbaum, Steven M. Greenbaum, Carlos Acosta, Maria Acosta, Steven M. Greenbaum, Steven M. Greenbaum, Steven M. Greenbaum, Irving Franklin, Ethel J. Griffin, Libby Kahane, Norman Kahane.Filed In Associated Cases: 1:08-cv-10934-KBF et al.(Bernard, James)
September 6, 2013 Opinion or Order Filing 813 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 9/5/13 re: Counsel submits this letter on behalf of the Alavi Foundation (the "Foundation") and the 650 Fifth Avenue Company (the "Fifth Avenue Company" and, collectively, "Claimants") in response to the Government's request to add a witness to its witness list and to call him at trial. ENDORSEMENT: ORDERED: Post on Docket. (Signed by Judge Katherine B. Forrest on 9/6/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro)
September 6, 2013 Filing 812 LETTER addressed to Judge Katherine B. Forrest from Liviu Vogel dated 9/6/2013 re: severance of judgment creditor claims. Document filed by Deborah D. Peterson, et al..Filed In Associated Cases: 1:08-cv-10934-KBF et al.(Vogel, Liviu)
September 6, 2013 Opinion or Order Filing 811 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 9/6/13 re: Counsel submits this letter on behalf of the Alavi Foundation and the 650 Fifth Avenue Company ("Claimants") pursuant to the Court's order granting permission to file a Rule 37 sanctions motion (Dkt No. 766) and the Court's directions at the September 4, 2013 court conference, to request an adverse inference instruction based on the destruction of relevant evidence by the Internal Revenue Service ("IRS") and refusal to answer questions pertinent to Claimants' statute of limitations defense. ENDORSEMENT: ORDERED: Post on Docket. (Signed by Judge Katherine B. Forrest on 9/6/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro)
September 6, 2013 Opinion or Order Filing 810 ORDER granting in part and denying in part (614) Motion to Preclude; terminating (635) Motion for Sanctions; denying (706) Motion to Preclude; denying (707) Motion in Limine; granting in part and denying in part (715) Motion in Limine; terminating (718) Motion in Limine in case 1:08-cv-10934-KBF; terminating (252) Motion for Sanctions; denying (279) Motion in Limine in case 1:09-cv-00165-KBF; terminating (250) Motion for Sanctions; denying (275) Motion in Limine in case 1:09-cv-00166-KBF; denying (296) Motion in Limine in case 1:09-cv-00553-KBF; denying (281) Motion in Limine in case 1:09-cv-00564-KBF; denying (225) Motion in Limine in case 1:09-cv-04614-KBF; denying (222) Motion in Limine in case 1:09-cv-04784-KBF; denying (257) Motion in Limine in case 1:10-cv-02464-KBF; terminating (263) Motion for Sanctions; denying (272) Motion in Limine; denying (272) Motion in Limine in case 1:09-cv-04614-KBF; terminating (237) Motion for Sanctions; denying (259) Motion in Limine; terminating (217) Motion for Sanctions; denying (178) Motion in Limine; in case 1:09-cv-00553-KBF; terminating (269) Motion for Sanctions; denying (269) Motion in Limine; denying (269) Motion in Limine; denying (269) Motion in Limine in case 1:09-cv-04784-KBF; terminating (279) Motion for Sanctions; denying (328) Motion in Limine; denying (224) Motion in Limine; denying (285) Motion in Limine in case 1:09-cv-00564-KBF; denying (261) Motion in Limine; denying (255) Motion in Limine; denying (259) Motion in Limine in case 1:09-cv-00165-KBF; terminating (265) Motion for Sanctions; denying (322) Motion in Limine; denying (213) Motion in Limine; denying (210) Motion in Limine; terminating (251) Motion for Sanctions; denying (304) Motion in Limine; denying (254) Motion in Limine; denying (196) Motion in Limine in case 1:10-cv-02464-KBF. As stated on the record at the at the September 4, 2013, final pretrial conference in this matter, it is hereby ORDERED: The Government's letter motion to preclude claimants from calling FBI Agents McReynolds and Alexander (ECF No. 800) is DENIED. At trial, any claimant wishing to call these agents shall make a proffer to the Court explaining the relevance and probative value of their testimony. Assa's letter motion to strike the Government's pleadings pursuant to Rule 37 is DENIED. The letter motion of the Alavi Claimants to quash the Government's request to claw back two documents on the grounds of privilege is GRANTED as to both documents. The Court makes the following rulings as to Alavi's motions in limine (ECF No. 715): The motion to bifurcate the Government's forfeiture trial into a forfeit ability phase and an innocent owner phase, and to try the FSIA/TRIA claims outside the presence of the jury is GRANTED IN PART and DENIED IN PART; as further set forth herein. The Court makes the following rulings as to the Government's motions in limine: The motion to preclude evidence concerning the Alavi Foundation's charitable gifts is DENIED. However, the Court shall not permit excessively cumulative or duplicative testimony as to this (or any other) issue. The motion to preclude Alavi from offering evidence or argument concerning other purported investigations of the Alavi Foundation or 650 Fifth Avenue Company is GRANTED. However, the Court will reconsider this ruling with respect to the narrow category of FBI documents (i.e., the 2007 FBI case report and DX 1107) identified at the final pretrial conference; as further set forth herein. The Court makes the following rulings as to Assa's motions in limine (ECF No. 707): The motion to exclude any of the facts related to the underlying decisions, memoranda, orders and/or judgments held by the Private Plaintiffs to the FSIA/TRIA action is DENIED; as further set forth herein. Alavi's motion to compel certain documents at trial from Seyed Mojtaba Hesami-Kiche is GRANTED IN PART and DENIED IN PART. The portion of the trial subpoena directed at Mr. Hesamirusche's tax returns shall be enforced; the remainder of the document requests in the subpoena are hereby quashed. The Judgment Creditors' motion to preclude the testimony of Alavi expert witness David Gannway is DENIED. (ECF No. 706.) Alavi's motion to preclude the testimony of the Government's expert witness, Patrick Clawson is GRANTED IN PART and DENIED IN PART. (ECF No. 614.) Dr. Clawson may provide testimony as regards the Iranian Revolution and the early history of Bonyad Mostazafan, as stated in his expert report and discussed on the record; he is precluded from testifying as to all other topics. The Clerk of Court is hereby directed to terminate the motions at ECF Nos. 614 (Clawson), 706 (Gannaway), 707 (Assa motions in limine), 715 (Alavi Claimants motions in limine), and 718 (Government motions in limine) and the corresponding motions in all related and member actions. The Clerk is also directed to close the motion at ECF No. 635, which was terminated by the Court's Memorandum Decision and Order of September 4, 2013. (Signed by Judge Katherine B. Forrest on 9/6/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro)
September 6, 2013 Filing 809 SEALED DOCUMENT placed in vault.(nm)
September 6, 2013 Filing 808 SECOND LETTER addressed to Judge Katherine B. Forrest from Carolina A. Fornos dated 9-6-2013 re: Return of Privileged Documents. Document filed by United States of America.(Fornos, Carolina)
September 6, 2013 Opinion or Order Filing 807 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Carolina A. Fornos dated 9/3/13 re: The Government respectfully requests that Alavi be ordered to comply with the Protective Order and return the requested documents to the Government. ENDORSEMENT: Ordered: Post to docket. (Letters may now be filed directly on ECF and should be; email a courtesy copy to Chambers). (Signed by Judge Katherine B. Forrest on 9/5/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro)
September 6, 2013 Filing 806 REPLY MEMORANDUM OF LAW in Support re: #681 MOTION for Summary Judgment.. Document filed by United States of America. (Fornos, Carolina)
September 5, 2013 Filing 805 REPLY MEMORANDUM OF LAW in Support re: #677 MOTION for Partial Summary Judgment.. Document filed by 650 Fifth Avenue Company, Alavi Foundation. (Ruzumna, Daniel)
September 5, 2013 Filing 804 REPLY MEMORANDUM OF LAW in Support re: #682 MOTION for Summary Judgment.. Document filed by 650 Fifth Avenue Company, Alavi Foundation. (Ruzumna, Daniel)
September 5, 2013 Filing 802 MEMORANDUM OF LAW in Opposition re: #712 MOTION to Dismiss for Due Process Violations.. Document filed by United States of America. (Fornos, Carolina)
September 4, 2013 Opinion or Order Filing 803 ORDER: In light of the discussion at the September 4, 2013, final pretrial conference in this matter and the Court's oral ruling granting defendant-claimant Alavi Foundation's motion in limine to exclude evidence of the fact of the FBI's December 2008 search of its offices, the Court wishes to inquire as to whether the parties would stipulate to the authenticity of the Alavi documents that were seized by the FBI and subsequently reproduced by Alavi in the form of a statement that "if called to testify, a custodian of records would indicate __". No later than Monday, September 9, 2013, the parties shall confer and submit a joint letter indicating whether they have entered into such a stipulation. (Signed by Judge Katherine B. Forrest on 9/4/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro) Modified on 9/5/2013 (mro).
September 4, 2013 Minute Entry for proceedings held before Judge Katherine B. Forrest: Final Pretrial Conference held on 9/4/2013. Associated Cases: 1:08-cv-10934-KBF et al.(jp)
September 4, 2013 Filing 801 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 9/3/2013 re: For the reasons discussed above, Claimants respectfully request that the Court deny the Government's motion to preclude former FBI case agent George Alexander and current FBI case agent Jennifer McReynolds. ENDORSEMENT: Post On Docket. (Signed by Judge Katherine B. Forrest on 9/4/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(djc)
September 4, 2013 Opinion or Order Filing 800 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Sharon Cohen Levin dated 9/2/2013 re: The Government submits this letter to respectfully request an order in limine precluding claimants the Alavi Foundation and 650 Fifth Avenue Company (collectively, the "Alavi Claimants") from calling two law enforcement witnesses identified on their witness list: Special Agent Jennifer A. McReynolds and Supervisory Special Agent George Alexander of the Federal Bureau of Investigation ("FBI"). The Government does not anticipate calling either of these witnesses in its case-in-chief and, from arguments that the Alavi Claimants' have advanced in various motions and at various conferences and from their conduct during discovery, it appears that the Alavi Claimants seek only irrelevant and/or inadmissible testimony from these witnesses. Accordingly, they should be precluded from calling either witness. ENDORSEMENT: Post to docket. (Signed by Judge Katherine B. Forrest on 9/4/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(djc)
September 4, 2013 Opinion or Order Filing 799 ORDER: On September 2, 2013, the Government moved by letter to quash a deposition notice and subpoena for the production of documents served by defendant-claimants Alavi Foundation and 650 Fifth Ave. Co. (collectively, "Alavi") on the Government's Confidential Human Source ("CHS 1"). Alavi responded to the Government's letter later that day and cross-moved for an order requiring CHS 1 to comply with the subpoena. The request for production of documents from CHS 1 - a third party -is belated and overly burdensome, given the number and breadth of requests for documents it contains. The topics listed in the subpoena are not new; Alavi could have requested information about these topics long ago. While the Court recently issued an order compelling the production of certain documents related to CHS 1, the fact remains that discovery has been closed for some time and the order to compel did not alter the ability of Alavi to request these documents. Therefore, the Government's letter motion to quash the subpoena for the production of documents is granted. However, at the reopened deposition of CHS 1, Alavi is not precluded from making inquiry into the compensation received by CHS 1 from the Government, including the topics listed in the subpoena notice. (Signed by Judge Katherine B. Forrest on 9/4/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(djc)
September 4, 2013 Filing 798 LETTER addressed to Judge Katherine B. Forrest from James L. Bernard dated 8/30/2013 re: We write concerning the Government's letter of last night and the addition of Mohammad Badr-Taleh to the Government's witness list. The Judgment Creditors also respectfully request that he be added to our witness list, and we estimate that we will need 2.0 hours to question him. We anticipate being able to refine that estimate, consistent with the Court's Order of yesterday, once we confer with the Government about the anticipated scope of Mr. Badr-Taleh's testimony. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(djc)
September 4, 2013 Filing 797 LETTER addressed to Judge Katherine B. Forrest from Martin S. Bell dated 8/29/2013 re: The Government respectfully writes to request that Mohammad Badr-Taleh be added to the active version of its witness list. As the Government previously informed the Court and parties by way of the May 14, 2013 letter that included a proposed witness list, Mr. Badr-Taleh was among several witnesses thought to be unavailable. As the Court is aware, however, Me Badr-Taleb arrived in Courtroom ISA unexpectedly on August 28, 2013. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(djc)
September 4, 2013 Opinion or Order Filing 796 MEMORANDUM DECISION & ORDER; granting (604) Motion for Sanctions; granting (611) Motion for Sanctions; granting (622) Motion for Sanctions; granting (625) Motion for Discovery; granting (627) Motion for Sanctions; granting (671) Motion for Sanctions; granting (702) Motion for Sanctions in case 1:08-cv-10934-KBF; granting (242) Motion for Discovery; granting (244) Motion for Sanctions in case 1:09-cv-00165-KBF; granting (240) Motion for Discovery; granting (242) Motion for Sanctions in case 1:09-cv-00166-KBF; granting (257) Motion for Sanctions; granting (262) Motion for Discovery; granting (264) Motion for Sanctions in case 1:09-cv-00553-KBF; granting (242) Motion for Sanctions; granting (247) Motion for Discovery; granting (249) Motion for Sanctions in case 1:09-cv-00564-KBF; granting (193) Motion for Discovery; granting (195) Motion for Sanctions in case 1:09-cv-04614-KBF; granting (190) Motion for Discovery; granting (192) Motion for Sanctions in case 1:09-cv-04784-KBF; granting (218) Motion for Sanctions; granting (223) Motion for Discovery; granting (225) Motion for Sanctions in case 1:10-cv-02464-KBF; granting (220) Motion for Discovery; granting [] Motion for Sanctions; granting [] Motion for Discovery; granting (206) Motion for Sanctions; granting (247) Motion for Sanctions; granting (252) Motion for Discovery; granting [] Motion for Sanctions; granting (195) Motion for Sanctions; granting [] Motion for Discovery; granting [] Motion for Sanctions; granting [] Motion for Discovery; granting (163) Motion for Sanctions; granting [] Motion for Discovery; granting [] Motion for Sanctions; granting (197) Motion for Sanctions; granting [] Motion for Discovery; granting (204) Motion for Sanctions in case 1:08-cv-10934-KBF; granting [] Motion for Sanctions; granting [] Motion for Sanctions; granting [] Motion for Sanctions; granting [] Motion for Discovery; granting [] Motion for Sanctions; granting [] Motion for Sanctions; granting [] Motion for Sanctions; granting [] Motion for Discovery; granting [] Motion for Sanctions; granting [] Motion for Discovery; granting [] Motion for Sanctions; granting [] Motion for Sanctions; granting [] Motion for Discovery; granting [] Motion for Sanctions; granting [] Motion for Sanctions; granting (244) Motion for Discovery; granting (246) Motion for Sanctions; granting (191) Motion for Discovery; granting [] Motion for Sanctions; granting [] Motion for Sanctions; granting [] Motion for Discovery; granting (250) Motion for Sanctions in case 1:09-cv-04614-KBF; granting [] Motion for Sanctions; granting [] Motion for Sanctions; granting [] Motion for Sanctions; granting [] Motion for Discovery; granting [] Motion for Sanctions; granting [] Motion for Sanctions; granting [] Motion for Sanctions; granting (227) Motion for Discovery; granting (229) Motion for Sanctions; granting (205) Motion for Discovery; granting (207) Motion for Sanctions; granting [] Motion for Sanctions; granting (201) Motion for Discovery; granting (202) Motion for Sanctions; granting (147) Motion for Discovery; granting (148) Motion for Sanctions; granting [] Motion for Discovery; granting [] Motion for Sanctions; granting (198) Motion for Sanctions; granting (203) Motion for Discovery; granting (205) Motion for Sanctions in case 1:09-cv-00553-KBF; granting [] Motion for Sanctions; granting [] Motion for Sanctions; granting [] Motion for Sanctions; granting [] Motion for Discovery; granting [] Motion for Sanctions; granting [] Motion for Sanctions; granting [] Motion for Sanctions; granting [] Motion for Discovery; granting [] Motion for Sanctions; granting (251) Motion for Discovery; granting (253) Motion for Sanctions; granting [] Motion for Sanctions; granting [] Motion for Discovery; granting [] Motion for Sanctions; granting (238) Motion for Sanctions; granting [] Motion for Discovery; granting [] Motion for Sanctions; granting [] Motion for Discovery; granting (195) Motion for Sanctions; granting [] Motion for Sanctions; granting (248) Motion for Discovery; granting [] Motion for Sanctions in case 1:09-cv-04784-KBF; granting [] Motion for Sanctions; granting [] Motion for Sanctions; granting [] Motion for Sanctions; granting [] Motion for Discovery; granting [] Motion for Sanctions; granting [] Motion for Sanctions; granting [] Motion for Sanctions; granting [] Motion for Discovery; granting [] Motion for Sanctions; granting (253) Motion for Discovery; granting (255) Motion for Sanctions; granting (302) Motion for Sanctions; granting (309) Motion for Discovery; granting (311) Motion for Sanctions; granting [] Motion for Discovery; granting [] Motion for Sanctions; granting (188) Motion for Discovery; granting [] Motion for Sanctions; granting [] Motion for Sanctions; granting [] Motion for Discovery; granting [] Motion for Sanctions in case 1:09-cv-00564-KBF; granting [] Motion for Sanctions; granting [] Motion for Sanctions; granting [] Motion for Sanctions; granting [] Motion for Discovery; granting [] Motion for Sanctions; granting [] Motion for Sanctions; granting [] Motion for Sanctions; granting [] Motion for Discovery; granting [] Motion for Sanctions; granting [] Motion for Sanctions; granting [] Motion for Discovery; granting [] Motion for Sanctions; granting [] Motion for Sanctions; granting [] Motion for Discovery; granting (221) Motion for Sanctions; granting (165) Motion for Discovery; granting (165) Motion for Sanctions; granting (162) Motion for Discovery; granting (164) Motion for Sanctions; granting (216) Motion for Sanctions; granting [] Motion for Discovery; granting (225) Motion for Sanctions in case 1:09-cv-00165-KBF; granting [] Motion for Sanctions; granting [] Motion for Sanctions; granting [] Motion for Sanctions; granting [] Motion for Discovery; granting [] Motion for Sanctions; granting [] Motion for Sanctions; granting [] Motion for Sanctions; granting (259) Motion for Discovery; granting [] Motion for Sanctions; granting (289) Motion for Sanctions; granting [] Motion for Discovery; granting [] Motion for Sanctions; granting (229) Motion for Sanctions; granting (236) Motion for Discovery; granting (237) Motion for Sanctions; granting (179) Motion for Discovery; granting [] Motion for Sanctions; granting [] Motion for Discovery; granting [] Motion for Sanctions; granting (232) Motion for Sanctions; granting [] Motion for Discovery; granting [] Motion for Sanctions in case 1:09-cv-00166-KBF; granting [] Motion for Sanctions; granting [] Motion for Sanctions; granting [] Motion for Sanctions; granting [] Motion for Discovery; granting [] Motion for Sanctions; granting [] Motion for Sanctions; granting [] Motion for Sanctions; granting (242) Motion for Discovery; granting (243) Motion for Sanctions; granting [] Motion for Discovery; granting [] Motion for Sanctions; granting [] Motion for Sanctions; granting [] Motion for Discovery; granting [] Motion for Sanctions; granting [] Motion for Sanctions; granting (221) Motion for Discovery; granting [] Motion for Sanctions; granting (163) Motion for Discovery; granting (164) Motion for Sanctions; granting [] Motion for Discovery; granting [] Motion for Sanctions in case 1:10-cv-02464-KBF.For the reasons set forth above, the motions of the Government, the Alavi Foundation, and the Greenbaum, Acosta, Beer, Kirschenbaum, Bland, Peterson, Hegna, Rubin, and Heiser judgment creditors for Rule 37 sanctions against Assa Corp. and Assa Co. Ltd. are GRANTED. As a result of the failure of the Assa Deponents to appear for their court-ordered depositions, the Court shall give adverse inference instructions against Assa Corp., Assa Co. Ltd., and their 40 percent interest in the 650 Fifth Ave. Co., in both the forfeiture (jury) action and the FSIA/TRIA (bench) action. The Court also awards the reasonable expenses and costs associated with the Dubai depositions to the parties present at those depositions namely, the Government, the Alavi Foundation, and the Greenbaum, Acosta, Beer, and Kirschenbaum judgment creditors. While the conduct of Assa's counsel has been less than laudatory during the Dubai saga, the fee and expense award is made against Assa and not its counsel Not later than Friday, September 6,2013, any moving party wishing to do so shall submit a proposed jury instruction in accordance with this Decision. Not later than Friday, September 13, 2013, the Government, Alavi, and the Greenbaum, Acosta, Beer, and Kirschenbaum judgment creditors shall submit a joint schedule of their fees and expenses and a proposed order awarding those fees and expenses. The Clerk of Court is directed to close the motions at ECF Nos. 604 (Government), 611 (Greenbaum, Acosta, Beer, Kirschenbaum), 622 (Bland), 625 (Peterson), 627 (Hegna), 635 (Rubin), 671 (Alavi), and 702 (Heiser).(Signed by Judge Katherine B. Forrest on 9/4/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(djc)
September 4, 2013 Filing 795 LETTER addressed to Judge Katherine B. Forrest from James L. Bernard dated 8/30/2013 re: We write concerning the Government's letter of last night and the addition of Mohammad Badr-Taleh to the Government's witness list. The Judgment Creditors also respectfully request that he be added to our witness list, and we estimate that we will need 2.0 hours to question him. We anticipate being able to refine that estimate, consistent with the Court's Order of yesterday, once we confer with the Government about the anticipated scope of Mr. Badr-Taleh's testimony. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(djc)
September 4, 2013 Filing 794 LETTER addressed to Judge Katherine B. Forrest from Martin S. Bell dated 8/29/2013 re: The Government respectfully writes to request that Mohammad Badr-Taleh be added to the active version of its witness list. As the Government previously informed the Court and parties by way of the May 14, 2013 letter that included a proposed witness list, Mr. Badr-Taleh was among several witnesses thought to be unavailable. As the Court is aware, however, Mr. Badr-Taleh arrived in Courtroom 15A unexpectedly on August 28, 2013. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(djc)
September 3, 2013 Filing 793 SEALED DOCUMENT placed in vault.(nm)
September 3, 2013 Filing 792 SEALED DOCUMENT placed in vault.(nm)
September 3, 2013 Filing 791 SEALED DOCUMENT placed in vault.(nm)
September 3, 2013 Filing 790 SEALED DOCUMENT placed in vault.(mps)
September 3, 2013 Filing 789 SEALED DOCUMENT placed in vault.(mps)
September 3, 2013 Filing 788 SEALED DOCUMENT placed in vault.(mps)
September 3, 2013 Filing 787 SEALED DOCUMENT placed in vault.(mps)
September 3, 2013 Filing 786 LETTER addressed to Judge Katherine B. Forrest from Anand Sithian dated 8/30/2013 re: The Government respectfully submits this letter in response to the Court's Endorsed Order from earlier today, (ECF Doc. No. 766), and the letter from Claimants the Alavi Foundation and 650 Fifth Avenue Company (collectively, "Claimants"). See 08/30/2013 Letter to Hon. Katherine B. Forrest from Daniel S. Ruzumna ("August 30, 2013 Letter"). ENDORSEMENT: ORDERED Post on Docket. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(ama)
September 3, 2013 Filing 785 LETTER addressed to Judge Katherine B. Forrest from Martin S. Bell dated 8/28/2013 re: The Government respectfully submits this letter in response to the Court's August 26, 2013 Order, in which the Court directed that the Government detail, with respect to each witness sought to be precluded by the Alavi and Assa defendant-claimants, when discovery relating to each witness was produced and whether that discovery was produced prior to that witness's deposition. ENDORSEMENT: ORDERED Post on Docket.Filed In Associated Cases: 1:08-cv-10934-KBF et al.(ama)
September 3, 2013 Opinion or Order Filing 784 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Martin S. Bell dated 8/30/13 re: The Government respectfully writes in response to the Alavi Foundation and the 650 Fifth Avenue Company's ("Claimants") request for "guidance" involving the upcoming OFAC Rule 30(b)(6) deposition and for leave to file a motion for sanctions pursuant to Rule 37. ENDORSEMENT: ORDERED: Post on Docket. (Signed by Judge Katherine B. Forrest on 9/3/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docket in all member and related cases pursuant to instructions from Chambers. (mro)
September 3, 2013 Opinion or Order Filing 783 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Martin S. Bell dated 8/30/13 re: The Government respectfully writes in response to the Alavi Foundation and the 650 Fifth Avenue Company's ("Claimants") response to the Court's August 26, 2013 Order (ECF 730) and the Government's response (ECF 759). ENDORSEMENT: ORDERED: Post on Docket. (Signed by Judge Katherine B. Forrest on 9/3/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers.(mro)
September 3, 2013 Opinion or Order Filing 782 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Martin S. Bell dated 8/30/13 re: The Government respectfully writes in response to Assa Corp. and Assa Company Limited's ("Assa Claimants") response to the Court's August 26, 2013 Order (ECF 730) and the Government's response (ECF 759). ENDORSEMENT: ORDERED: Post on Docket. (Signed by Judge Katherine B. Forrest on 9/3/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro)
September 3, 2013 Opinion or Order Filing 781 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 8/30/13 re: Counsel respectfully submits this letter on behalf of the Alavi Foundation (the "Foundation") and the 650 Fifth Avenue Company (the "Fifth Avenue Company" and, collectively, "Claimants") in connection with the Court's August 26, 2013 Order (ECF 730) and in response to the Government's August 28, 2013 correspondence (ECF 759). The Government's late productions and repeated violations of the Court's orders have prejudiced Claimants by forcing them to spend time on document discovery, depositions, and motion practice during a time when counsel would otherwise be preparing for trial. ENDORSEMENT: Ordered: Post to docket. (Signed by Judge Katherine B. Forrest on 9/3/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro)
September 3, 2013 Opinion or Order Filing 780 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Peter I. Livingston dated 8/30/13 re: Assa Corp. and Assa Limited ("Assa") respectfully submit this letter in response to the letter dated August 28, 2013 submitted by the Office of the United States Attorney (the "Government"). The Court's Order of August 26, 2013 directed the Government to detail, with respect to each witness sought to be precluded by the Alavi, 650 Fifth A venue Company and Assa, the precise date upon which discovery relating to each witness was produced and whether that discovery was produced prior to that witnesses deposition. ENDORSEMENT: Ordered: Post to docket. (Signed by Judge Katherine B. Forrest on 9/3/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro) Modified on 9/3/2013 (mro).
September 3, 2013 Filing 779 LETTER addressed to Judge Katherine B. Forrest from Anand Sithian dated 9/2/13 re: The Government respectfully submits this letter to request a protective order quashing a deposition notice and subpoena for the production of documents served yesterday on confidential human source ("CHS"). Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro) Modified on 9/5/2013 (mj).
September 3, 2013 Filing 778 LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 9/2/13 re: Claimants respectfully request that the Court Order the Government to comply with the subpoena. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro) Modified on 9/5/2013 (mj).
September 3, 2013 Opinion or Order Filing 777 ENDORSED LETTER addressed to Judge Katherine B. Forrest from James L. Bernard dated 8/30/13 re: This letter is submitted on behalf of the Greenbaum, Acosta, Beer, and Kirschenbaum Judgment Creditors, and all who joined in the submission of Plaintiffs' Exhibit List (collectively, the "Plaintiffs"), submitted to this Court under "Exhibit F" to the Joint Pretrial Order on August 26, 2013 ("Plaintiffs' Exhibit List"). ENDORSEMENT: Ordered: Post to docket. (Signed by Judge Katherine B. Forrest on 9/3/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro)
September 3, 2013 Opinion or Order Filing 776 ORDER: Before the Court is the letter motion of the Alavi defendant-claimants to preclude the testimony of any witness whose electronic discovery material had not been provided to the parties prior to April 1, 2013. In its review of Alavi's omnibus motion to preclude, the Court finds no prejudice that would warrant preclusion. The Government's analysis and the Alavi reply are in agreement that in no instance has the Court denied a request to reopen a deposition with respect to a witness whose documents were produced after that witness's deposition. All parties have had an adequate opportunity to examine witnesses on the documents. The Court's February 1, 2013, Order did not state, nor did it intend, that witnesses whose documents were not produced prior to April 1 would automatically be precluded from testifying at trial. The Court has enforced its Order by providing relief proportional to the potential prejudice demonstrated. No preclusion is warranted, with the possible exception of Shaukat Jafri. Not later than Wednesday, September 4, 2013, the Government is directed, pursuant to the Court's February 1, 2013, Order, to submit a letter demonstrating very good cause as to why Jafri was not disclosed on its witness lists. Claimants' letter motion to preclude is otherwise denied. (Signed by Judge Katherine B. Forrest on 9/3/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro)
September 1, 2013 Opinion or Order Filing 774 ORDER: The Court finds as follows: 1. All of the questions posed in the Alavi letter of August 30, 2013, seek to invade the law enforcement privilege and deliberative process privileges. The Court hereby issues a protective order as to these questions and denies leave to file a Rule 37 motion as to these topics. 2. The Government has stated that it will seek to elicit testimony from an OFAC witness at trial as to other, nonprivileged topics. (See letter of SAUSA Anand Sithian to the Court, Aug. 15, 2013, ECF No. 644 in 08-cv-10934 (listing OFAC testimony topics as including: "1. The Executive Orders, regulations, and blocking orders relevant to this forfeiture action, and their effective dates; 2. The Bank Melli Iran designations, blocking orders, and the consequences of those designations and blocking orders; and 3. Whether the Alavi Foundation, 650 Fifth Avenue Company, Assa Corp., Assa Co. Ltd., and Bank Melli Iran applied for and received a license under the applicable sanctions regime to provide money, goods, or services to the Government of Iran, or any department, agency, or instrumentality of the Government of Iran.").) The Court ordered the OFAC representative to appear for a Rule 30(b)(6) deposition to afford the parties a fair and complete opportunity to examine OFAC as to those topics. Should Claimants wish to cover those topics instead of the plainly precluded topics enumerated in the Alavi letter of August 30, the deposition should proceed. However, if the only questions Claimants would ask are those set forth in the August 30 letter, then the parties should cancel the OFAC deposition. (Signed by Judge Katherine B. Forrest on 9/1/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro)
August 30, 2013 Filing 775 SEALED DOCUMENT placed in vault.(nm)
August 30, 2013 Filing 773 MEMORANDUM OF LAW in Opposition re: (677 in 1:08-cv-10934-KBF) MOTION for Partial Summary Judgment., (682 in 1:08-cv-10934-KBF) MOTION for Summary Judgment.. Document filed by Edwena R Hegna, Edwina R Hegna, Paul B Hegna, Steven A Hegna, Lynn M Hegna Moore. (Attachments: #1 Supplement)Filed In Associated Cases: 1:08-cv-10934-KBF et al.(Dupont, Ralph)
August 30, 2013 Filing 772 COUNTER STATEMENT TO #680 Rule 56.1 Statement. Document filed by United States of America. (Sithian, Anand)
August 30, 2013 Filing 771 DECLARATION of Anand Sithian in Opposition re: #677 MOTION for Partial Summary Judgment.. Document filed by United States of America. (Attachments: #1 Exhibit 1-18 (Redacted))(Sithian, Anand)
August 30, 2013 Filing 770 MEMORANDUM OF LAW in Opposition re: #677 MOTION for Partial Summary Judgment. (Redacted). Document filed by United States of America. (Sithian, Anand)
August 30, 2013 Filing 769 COUNTER STATEMENT TO #688 Rule 56.1 Statement. Document filed by 650 Fifth Avenue Company, Alavi Foundation. (Ruzumna, Daniel)
August 30, 2013 Filing 768 DECLARATION of Daniel S. Ruzumna (Redacted) in Opposition re: #681 MOTION for Summary Judgment.. Document filed by 650 Fifth Avenue Company, Alavi Foundation. (Attachments: #1 Exhibits 1-27, #2 Exhibits 28-44)(Ruzumna, Daniel)
August 30, 2013 Filing 767 MEMORANDUM OF LAW in Opposition re: #681 MOTION for Summary Judgment. (Redacted). Document filed by 650 Fifth Avenue Company, Alavi Foundation. (Ruzumna, Daniel)
August 30, 2013 Opinion or Order Filing 766 ENDORSED LETTER addressed to Judge Katherine P. Forrest from Daniel S. Ruzumna dated 8/30/2013 re: Counsel submits this letter on behalf of the Alavi Foundation and the 650 Fifth Avenue Company (the "Claimants") to: (1) seek prospective guidance from the Court regarding the appropriate scope of law enforcement and deliberative process privileges at the upcoming deposition of OFAC's Rule 30(b)(6) designee; and (2) seek leave to file a motion pursuant to Rule 37 seeking sanctions. ENDORSEMENT: ORDERED: 1. Defendants shall provide a numbered list of questions as to which they seek specific guidance. The Court cannot provide helpful guidance without more detail. The Government shall immediately respond to such list with its position with respect to whether inquiry invades the privilege and why (or why not); the Court shall then rule promptly. 2. Any sanctions motion may be made by letter brief. (Signed by Judge Katherine B. Forrest on 8/30/2013) (tn)
August 30, 2013 Filing 765 DECLARATION of Bension D. De Funis in Opposition re: (681 in 1:08-cv-10934-KBF) MOTION for Summary Judgment.. Document filed by ASSA Company Limited, ASSA Corporation, ASSA Company Ltd., All Right Title And Interest Of Assa Corporation, All Right, Title, and Interest of ASSA Corporation, Assa Corp., Assa Co. Ltd., Assa Corp., ASSA Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)Filed In Associated Cases: 1:08-cv-10934-KBF et al.(De Funis, Bension)
August 30, 2013 Filing 764 DECLARATION of Deborah B. Koplovitz in Opposition re: (681 in 1:08-cv-10934-KBF) MOTION for Summary Judgment.. Document filed by ASSA Company Limited, ASSA Corporation, ASSA Company Ltd., All Right Title And Interest Of Assa Corporation, All Right, Title, and Interest of ASSA Corporation, Assa Corp., Assa Co. Ltd., Assa Corp., ASSA Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)Filed In Associated Cases: 1:08-cv-10934-KBF et al.(De Funis, Bension)
August 30, 2013 Filing 763 RULE 56.1 STATEMENT. Document filed by ASSA Company Limited, ASSA Corporation, ASSA Company Ltd., All Right Title And Interest Of Assa Corporation, All Right, Title, and Interest of ASSA Corporation, Assa Corp., Assa Co. Ltd., Assa Corp., ASSA Corp.. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(De Funis, Bension)
August 30, 2013 Filing 762 MEMORANDUM OF LAW in Opposition re: (681 in 1:08-cv-10934-KBF) MOTION for Summary Judgment. REDACTED. Document filed by ASSA Company Limited, ASSA Corporation, ASSA Company Ltd., All Right Title And Interest Of Assa Corporation, All Right, Title, and Interest of ASSA Corporation, Assa Corp., Assa Co. Ltd., Assa Corp., ASSA Corp.. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(De Funis, Bension)
August 30, 2013 Filing 760 NOTICE OF APPEARANCE by Michael F. Buchanan on behalf of 650 Fifth Avenue Company, Alavi Foundation. (Buchanan, Michael)
August 29, 2013 Opinion or Order Filing 761 ORDER. Alavi's letter motion (doc. no. 643 in case no. 08cv10934) to preclude the testimony of Cooperator 1 or, in the alternative, to compel production of relevant documents, is therefore granted in part and denied in part. (Signed by Judge Katherine B. Forrest on 8/29/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. (rjm)
August 29, 2013 Opinion or Order Filing 759 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Martin S. Bell dated 8/28/2013 re: The Government submits this letter in response to the Court's August 26, 2013 Order, in which the Court directed that the Government detail, with respect to each witness sought to be precluded by the Alavi and Assa defendant-claimants, when discovery relating to each witness was produced and whether that discovery was produced prior to that witness's deposition. ENDORSEMENT: Ordered: Post to docket. (Signed by Judge Katherine B. Forrest on 8/29/2013) (ft)
August 29, 2013 Opinion or Order Filing 758 ORDER: As stated at the teleconference held on August 28, 2013, it is hereby ORDERED: 1. Trial in the in rem forfeiture action shall be by jury; the FSIA/TRIA action shall be tried simultaneously to the bench. 2. The Court expects the Government and the private judgment creditors to coordinate their trial presentations very closely. The presentation of the in rem forfeiture action shall lead. All direct testimony and documentary evidence that overlap between the forfeiture action and the TRIA/FSIA action shall occur during the Government's examination in the forfeiture action. The judgment creditors shall conduct separate examination only as to those matters that are relevant to the TRIA/FSIA action only, and those examinations shall occur outside the presence of the jury. This may require witnesses to remain available longer than they otherwise would need to be (and they should be forewarned accordingly). 3. Not later than September 16, 2013, at 9:00 a.m., the parties shall submit a written witness list that sets forth time allocation by the examining parties for each witness in the forfeiture action. (The list shall note for each witness whether the parties expect separate testimony to be required in the TRIA/FSIA action.) The list shall allocate time in a manner that accomplishes the conclusion of witness testimony not later than Tuesday, October 8, 2013 (i.e., closings shall occur not later than Wednesday, October 9); the list should not assume that any witness testimony shall occur on Fridays. (Signed by Judge Katherine B. Forrest on 8/29/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro)
August 29, 2013 Opinion or Order Filing 757 ORDER: On August 8, 2013, the Court received a letter-motion from defendant-claimants Alavi Foundation ("Alavi") and the 650 Fifth Avenue Company ("650 Fifth Ave.") to compel the production of "proper discovery from the Department of Treasury's Office of Foreign Assets Control" ("OFAC"). (ECF No. 629, 08-cv-10934.) On August 9, 2013, defendant-claimants Assa Corp. and Assa Co. Ltd. (collectively, "Assa") joined in this motion. (ECF No. 631, 08-cv-10934.) The Government opposed the motion by letters dated August 13, 2013. (ECF Nos. 639, 640, 08-cv-10934.) On August 14, 2013, the Court issued an order requesting the Government to provide answers to certain questions. (ECF No. 641, 08-cv-10934.) The Government answered those questions by letter dated August 15, 2013. (ECF No. 644, 08-cv-10934.) On that same day, Alavi and 650 Fifth Ave. filed an additional letter. (ECF No. 674, 08-cv-10934.) In addition to its review of these materials, the Court also received an in camera submission of withheld OFAC documents in accordance with the procedures for such review outlined in In re The City of New York, 607 F.3d 923 (2d Cir. 2010). Based on consideration of the submissions on this issue and the representations of the Government to this Court, the motion to compel discovery beyond that which the Government has provided or already agreed to and intends to provide is denied. (Signed by Judge Katherine B. Forrest on 8/28/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro)
August 29, 2013 Filing 756 LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 8/28/13 re: Counsel submits this letter on behalf of the Alavi Foundation (the "Foundation") and the 650 Fifth Avenue Company (the "Fifth Avenue Company" and, collectively, "Claimants") to respectfully request that the Court permit Claimants to use certain documents that have already been produced by the Government and which the Government is now attempting to "claw back" so that they cannot be considered in Claimants' summary judgment motion. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
August 28, 2013 Filing 755 MEMORANDUM OF LAW in Opposition re: #715 MOTION in Limine (Redacted). (Redacted). Document filed by United States of America. (Fornos, Carolina)
August 28, 2013 Filing 754 MEMORANDUM OF LAW in Opposition re: #707 MOTION in Limine AND FOR OTHER RELIEF.. Document filed by United States of America. (Bell, Martin)
August 28, 2013 Filing 753 DECLARATION of Daniel S. Ruzumna (re: #718 First Motion in Limine and #706 Motion to Preclude) in Opposition. Document filed by 650 Fifth Avenue Company, Alavi Foundation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Ruzumna, Daniel)
August 28, 2013 Filing 752 MEMORANDUM OF LAW in Opposition re: #718 FIRST MOTION in Limine. and re: #706 Motion to Preclude. Document filed by 650 Fifth Avenue Company, Alavi Foundation. (Ruzumna, Daniel)
August 28, 2013 Filing 751 DECLARATION of Deborah B. Koplovitz in Opposition re: (718 in 1:08-cv-10934-KBF) FIRST MOTION in Limine.. Document filed by ASSA Company Limited, ASSA Corporation, ASSA Company Ltd., All Right Title And Interest Of Assa Corporation, All Right, Title, and Interest of ASSA Corporation, Assa Corp., Assa Co. Ltd., Assa Corp., ASSA Corp.. (Attachments: #1 Exhibit 1)Filed In Associated Cases: 1:08-cv-10934-KBF et al.(De Funis, Bension)
August 28, 2013 Filing 750 MEMORANDUM OF LAW in Opposition re: (718 in 1:08-cv-10934-KBF) FIRST MOTION in Limine. REDACTED. Document filed by ASSA Company Limited, ASSA Corporation, ASSA Company Ltd., All Right Title And Interest Of Assa Corporation, All Right, Title, and Interest of ASSA Corporation, Assa Corp., Assa Co. Ltd., Assa Corp., ASSA Corp.. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(De Funis, Bension)
August 28, 2013 Filing 749 RESPONSE in Opposition re: (715 in 1:08-cv-10934-KBF) MOTION in Limine (Redacted).. Document filed by Ruth Ann Bland, Julie Goldberg-Botvin. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(Nudelman, Noel)
August 28, 2013 Filing 748 MEMORANDUM OF LAW in Opposition re: (257 in 1:10-cv-02464-KBF) MOTION in Limine AND FOR OTHER RELIEF.. Document filed by Ruth Ann Bland, Julie Goldberg-Botvin. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(Nudelman, Noel)
August 28, 2013 Filing 747 MEMORANDUM OF LAW in Opposition re: #715 MOTION in Limine (Redacted). (Redacted). Document filed by Judgment Creditors Estate of Michael Heiser et al. and Estate of Millard D. Campbell. et al.. (Kremen, Richard)
August 28, 2013 Filing 746 MEMORANDUM OF LAW in Opposition re: #707 MOTION in Limine AND FOR OTHER RELIEF. (filed by Acosta, Beer, Campbell, Greenbaum, Havlish, Hegna, Heiser, Kirschenbaum, Peterson and Rubin Plaintiffs). Document filed by Renay Fryn, Stuart E. Hersh, Abraham Mendelson, Daniel Miller, Elana Rozenman, Noan Rozenman, Tzvi Rozenman, Deborah Rubin, Jenny Rubin. (Solowiejczyk, Noah)
August 28, 2013 Filing 745 LETTER addressed to Judge Katherine B. Forrest from Carolina A. Fornos dated 8/28/13 re: As the Court is aware, the Judgment Creditors indicated by letter dated August 27, 2013, that they intend to raise during today's conference call the issue relating to whether the Judgment Creditors should be examining witnesses in the presence of the jury given that their case will be tried by the Court. As this issue relates to the bifurcation requested by the Alavi Foundation and 650 Fifth Avenue Claimants, the Government respectfully submits the enclosed excerpt to our opposition to Claimants' request for bifurcation in the event the Court desires to hear the Government's view on the matter and in the event this issue is discussed today. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
August 28, 2013 Opinion or Order Filing 744 ORDER: The Government reports that it has arranged for the following dial-in for the teleconference scheduled for Wednesday, August 27, 2013, at 5:10 p.m.: Teleconference number: 877-973-4755. Pass code: 7109235. Any member of the public wishing to listen to the teleconference shall use the above dial-in number. ( Telephone Conference set for 8/27/2013 at 05:10 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 8/27/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docket in all member and related cases pursuant to instructions from Chambers. (mro) Modified on 8/28/2013 (mro).
August 27, 2013 Filing 743 SEALED DOCUMENT placed in vault.(nm)
August 27, 2013 Filing 742 LETTER addressed to Judge Katherine B. Forrest from Martin S. Bell dated 8/27/2013 re: The Government wishes to raise the following issues for the Court's consideration. Document filed by United States of America.Filed In Associated Cases: 1:08-cv-10934-KBF et al.(ft)
August 27, 2013 Filing 741 SEALED DOCUMENT placed in vault.(nm)
August 27, 2013 Filing 740 SEALED DOCUMENT placed in vault.(nm)
August 27, 2013 Filing 739 SEALED DOCUMENT placed in vault.(nm)
August 27, 2013 Filing 738 SEALED DOCUMENT placed in vault.(nm)
August 27, 2013 Filing 737 SEALED DOCUMENT placed in vault.(nm)
August 27, 2013 Filing 736 LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 8/27/13 re: Counsel submits this letter on behalf of the Alavi Foundation and the 650 Fifth Avenue Company (the "Claimants"). In advance of the Court Conference that has been scheduled for tomorrow, counsel notes that the Claimants' proposal regarding the format of witness testimony in the upcoming trial is addressed in Claimants' Memorandum of Law in Support of Their Motions in Limine at Section A, pages 3-8. An unredacted copy of this memorandum is enclosed with this letter for your convenience. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
August 27, 2013 Filing 735 LETTER addressed to Judge Katherine B. Forrest from James L. Bernard dated 8/27/13 re: Counsel writes on behalf of the Judgment Creditors in response to the Court's Order, dated August 21, 2013, and to provide the Court with some thoughts on trial logistics in advance of the call scheduled for August 28, 2013. There are four issues counsel wants to raise. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
August 27, 2013 Filing 734 LETTER addressed to Judge Katherine B. Forrest from Donald F. Luke dated 8/26/13 re: Assa joins in the request of the Judgment Creditors, the Government, the Alavi Foundation, and 650 Fifth Avenue Company to have the time extended until midnight tonight to file the Joint Pre-Trial Order in this case. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
August 27, 2013 Filing 733 LETTER addressed to Judge Katherine B. Forrest from Martin S. Bell dated 8/26/13 re: The Government and counsel for the Alavi Foundation and 650 Fifth Avenue Company Claimants respectfully submit this joint request for an extension of the time to file the Joint Pre-Trial Order in this case. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
August 27, 2013 Opinion or Order Filing 732 MEMORANDUM DECISION & ORDER denying (368) Motion to Establish Procedure to Determine Validity, Amount and Priority of Claims; granting (383) Motion to Dismiss in case 1:08-cv-10934-KBF. For the reasons set forth above, the motions of the Government and of the Alavi claimant-defendants to dismiss the forfeiture claims of the Djhanbani, Vahabzedeh, Khosrowshahi, and Khoshkish claimants are GRANTED. As the Court finds these claimants lack Article III standing, the motion of the Djhanbani, Vahabzedeh, Khosrowshahi, and Khoshkish claimants for a determination of the validity and priority of their claims is DENIED. The Clerk of Court is directed to close the motions at ECF Nos. 368 and 383 and to terminate the Djhanbani, Vahabzedeh, Khosrowshahi, and Khoshkish claimants from this action. (Signed by Judge Katherine B. Forrest on 8/27/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro)
August 27, 2013 Filing 731 LETTER addressed to Judge Katherine B. Forrest from Michael D. Lockard dated 8/27/13 re: The Government respectfully submits this letter to inform the Court that the Government is still in the process of responding to objections to the Government's exhibit list, a large number of which were exchanged today, and that the Government respectfully requests leave to submit a complete binder set and exhibit spreadsheet of objections and responses in the morning. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
August 26, 2013 Opinion or Order Filing 730 ORDER: The Court is reviewing the letter motion by the Alavi defendant-claimants dated August 21, 2013, which seeks preclusion of witness whose documents were not disclosed prior to the Court's April 1, 2013, deadline, as set forth in its Order of February 1, 2013. It is therefore ORDERED that, not later than 5:00 p.m., Wednesday, August 28, 2013, the Government shall submit a letter detailing, with respect to each witness sought to be precluded by the Alavi and Assa defendant-claimants, the precise date upon which discovery relating to each witness was produced and whether that discovery was produced prior to that witness's deposition. Not later than 5:00 p.m., Friday, August 30, 2013, any party wishing to contest the Government's chronology shall submit a response letter. These letters shall be submitted as PDF attachments to emails, with two courtesy copies to follow. (Signed by Judge Katherine B. Forrest on 8/26/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro)
August 26, 2013 Opinion or Order Filing 729 ENDORSED LETTER addressed to Judge Katherine B. Forrest from James L. Bernard dated 8/26/13 re: Counsel writes to request permission to leave a courtesy copy of the Joint Pre-Trial Order in the Court's drop-box by midnight tonight and file the same with the Clerk of the Court tomorrow. ENDORSEMENT: Ordered: Application granted. (Signed by Judge Katherine B. Forrest on 8/26/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro)
August 22, 2013 Filing 728 MEMORANDUM OF LAW in Opposition re: (702 in 1:08-cv-10934-KBF) MOTION for Sanctions Against Assa Corp And Assa Co. Limited. Filed In Associated Cases: 1:08-cv-10934-KBF (Dkt. Entry No. 702), 1:13-mc-00071-KBF (Dkt. Entry No. 143). MOTION for Sanctions Against Assa Corp And Assa Co. Limited. Filed In Associated Cases: 1:08-cv-10934-KBF (Dkt. Entry No. 702), 1:13-mc-00071-KBF (Dkt. Entry No. 143).. Document filed by ASSA Company Limited, ASSA Corporation, ASSA Company Ltd., All Right Title And Interest Of Assa Corporation, Assa Corp., Assa Co. Ltd., Assa Corp., ASSA Corp.. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(De Funis, Bension)
August 22, 2013 Filing 727 AFFIDAVIT of Ema Kate McNomee in Opposition re: (702 in 1:08-cv-10934-KBF) MOTION for Sanctions Against Assa Corp And Assa Co. Limited. Filed In Associated Cases: 1:08-cv-10934-KBF (Dkt. Entry No. 702), 1:13-mc-00071-KBF (Dkt. Entry No. 143). MOTION for Sanctions Against Assa Corp And Assa Co. Limited. Filed In Associated Cases: 1:08-cv-10934-KBF (Dkt. Entry No. 702), 1:13-mc-00071-KBF (Dkt. Entry No. 143).. Document filed by ASSA Company Limited, ASSA Corporation, ASSA Company Ltd., All Right, Title, and Interest of ASSA Corporation, Assa Corp., Assa Co. Ltd., Assa Corp., ASSA Corp.. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(De Funis, Bension)
August 22, 2013 Filing 726 DECLARATION of Davood Shakeri in Opposition re: (702 in 1:08-cv-10934-KBF) MOTION for Sanctions Against Assa Corp And Assa Co. Limited. Filed In Associated Cases: 1:08-cv-10934-KBF (Dkt. Entry No. 702), 1:13-mc-00071-KBF (Dkt. Entry No. 143). MOTION for Sanctions Against Assa Corp And Assa Co. Limited. Filed In Associated Cases: 1:08-cv-10934-KBF (Dkt. Entry No. 702), 1:13-mc-00071-KBF (Dkt. Entry No. 143).. Document filed by ASSA Company Limited, ASSA Corporation, ASSA Company Ltd., All Right, Title, and Interest of ASSA Corporation, Assa Corp., Assa Co. Ltd., Assa Corp., ASSA Corp.. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(De Funis, Bension)
August 22, 2013 Filing 725 DECLARATION of Donald F. Luke in Opposition re: (702 in 1:08-cv-10934-KBF) MOTION for Sanctions Against Assa Corp And Assa Co. Limited. Filed In Associated Cases: 1:08-cv-10934-KBF (Dkt. Entry No. 702), 1:13-mc-00071-KBF (Dkt. Entry No. 143). MOTION for Sanctions Against Assa Corp And Assa Co. Limited. Filed In Associated Cases: 1:08-cv-10934-KBF (Dkt. Entry No. 702), 1:13-mc-00071-KBF (Dkt. Entry No. 143).. Document filed by ASSA Company Limited, ASSA Corporation, ASSA Company Ltd., All Right, Title, and Interest of ASSA Corporation, Assa Corp., Assa Co. Ltd., Assa Corp., ASSA Corp.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)Filed In Associated Cases: 1:08-cv-10934-KBF et al.(De Funis, Bension)
August 22, 2013 Filing 724 LETTER addressed to Judge Katherine B. Forrest from Michael D. Lockard dated 8/21/13 re: The Government respectfully submits this letter in response to the letter dated August 14, 2013, from counsel for claimants the Alavi Foundation and 650 Fifth Avenue Company (the "Alavi Claimants"). Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
August 22, 2013 Filing 723 LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 8/21/13 re: Counsel submits this letter on behalf of the Alavi Foundation and the 650 Fifth Avenue Company in response to the Government's letter, submitted earlier today, regarding its failure to produce documents related to witnesses that it plans to call at the upcoming trial. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
August 22, 2013 Filing 722 DECLARATION of Michael D. Lockard in Support re: #718 FIRST MOTION in Limine.. Document filed by United States of America. (Bell, Martin)
August 22, 2013 Filing 721 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MEMORANDUM OF LAW in Support re: #718 FIRST MOTION in Limine. (corrected). Document filed by United States of America. (Bell, Martin) Modified on 8/22/2013 (db).
August 22, 2013 Filing 720 MEMORANDUM OF LAW in Support re: #718 FIRST MOTION in Limine.. Document filed by United States of America. (Fornos, Carolina)
August 21, 2013 Filing 719 DECLARATION of Michael D. Lockard in Support re: #718 FIRST MOTION in Limine.. Document filed by United States of America. (Attachments: #1 Exhibit)(Lockard, Michael)
August 21, 2013 Filing 718 FIRST MOTION in Limine. Document filed by United States of America.(Bell, Martin)
August 21, 2013 Filing 717 DECLARATION of Daniel S. Ruzumna in Support re: #715 MOTION in Limine (Redacted).. Document filed by 650 Fifth Avenue Company, Alavi Foundation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35)(Ruzumna, Daniel)
August 21, 2013 Filing 716 MEMORANDUM OF LAW in Support re: #715 MOTION in Limine (Redacted).. Document filed by 650 Fifth Avenue Company, Alavi Foundation. (Ruzumna, Daniel)
August 21, 2013 Filing 715 MOTION in Limine (Redacted). Document filed by 650 Fifth Avenue Company, Alavi Foundation.(Ruzumna, Daniel)
August 21, 2013 Filing 714 DECLARATION of Daniel S. Ruzumna (Redacted) in Support re: #712 MOTION to Dismiss for Due Process Violations.. Document filed by 650 Fifth Avenue Company, Alavi Foundation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA)(Ruzumna, Daniel)
August 21, 2013 Filing 713 MEMORANDUM OF LAW in Support re: #712 MOTION to Dismiss for Due Process Violations. (Redacted). Document filed by 650 Fifth Avenue Company, Alavi Foundation. (Ruzumna, Daniel)
August 21, 2013 Filing 712 MOTION to Dismiss for Due Process Violations. Document filed by 650 Fifth Avenue Company, Alavi Foundation.(Ruzumna, Daniel)
August 21, 2013 Filing 711 MEMORANDUM OF LAW in Support re: (257 in 1:10-cv-02464-KBF) MOTION in Limine AND FOR OTHER RELIEF.. Document filed by ASSA Company Limited, ASSA Corporation, ASSA Company Ltd., Assa Corp., Assa Co. Ltd., Assa Corp., ASSA Corp.. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(Koplovitz, Deborah)
August 21, 2013 Filing 710 DECLARATION of Donald F. Luke in Support re: (257 in 1:10-cv-02464-KBF) MOTION in Limine AND FOR OTHER RELIEF.. Document filed by ASSA Company Limited, ASSA Corporation, ASSA Company Ltd., Assa Corp., Assa Co. Ltd., Assa Corp., ASSA Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)Filed In Associated Cases: 1:08-cv-10934-KBF et al.(Koplovitz, Deborah)
August 21, 2013 Filing 709 MEMORANDUM OF LAW in Support re #706 MOTION to Preclude.... Document filed by Judgment Creditors Estate of Michael Heiser et al. and Estate of Millard D. Campbell. et al.. (Kremen, Richard)
August 21, 2013 Filing 708 DECLARATION of Richard M. Kremen in Support. Document filed by Judgment Creditors Estate of Michael Heiser et al. and Estate of Millard D. Campbell. et al.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kremen, Richard)
August 21, 2013 Filing 707 MOTION in Limine AND FOR OTHER RELIEF. Document filed by ASSA Company Limited, ASSA Corporation, Assa Co. Ltd., Assa Corp., ASSA Corp..Filed In Associated Cases: 1:08-cv-10934-KBF et al.(Koplovitz, Deborah)
August 21, 2013 Filing 706 MOTION to Preclude the testimony of the Alavi Foundation and 650 Fifth Avenue Company's expert witness, David Gannaway. By the Acosta, Beer, Campbell, Greenbaum, Havlish, Heiser, Kirschenbaum, Peterson and Rubin Plaintiffs (the Judgment Creditors). Document filed by Judgment Creditors Estate of Michael Heiser et al. and Estate of Millard D. Campbell. et al..(Kremen, Richard)
August 21, 2013 Filing 705 LETTER addressed to Judge Katherine B. Forrest from Carolina A. Fornos dated 8/21/13 re: The Government respectfully submits this letter to seek a clarification of the Courts Order dated February 1, 2013 (ECF Docket Entry No. 348) in light of Alavi and 650 Fifth Avenues counsels statement at the most recent pretrial conference that the Government is precluded from calling any witnesses at trial whose respective documents were not produced by April 1, 2013. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
August 21, 2013 Set/Reset Hearings: Telephone Conference set for 8/28/2013 at 05:10 PM before Judge Katherine B. Forrest. Associated Cases: 1:08-cv-10934-KBF et al.(mro)
August 21, 2013 Opinion or Order Filing 704 ORDER: Certain parties have raised questions regarding logistics for the upcoming trial. It is therefore ORDERED that the Court will hold a teleconference for all parties on Wednesday, August 28, 2013, at 5:10 p.m to discuss trial logistics. Any logistical questions to which parties would like answers in advance of the FPTC may be submitted by letter prior to the call (preferable) or raised on the call. All parties shall call Chambers (212-805-0139) from a single line at the time of the teleconference. (Signed by Judge Katherine B. Forrest on 8/21/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro) Modified on 8/21/2013 (mro).
August 21, 2013 Filing 703 DECLARATION of Richard M. Kremen in Support re: #702 MOTION for Sanctions Against Assa Corp And Assa Co. Limited. Filed In Associated Cases: 1:08-cv-10934-KBF (Dkt. Entry No. 702), 1:13-mc-00071-KBF (Dkt. Entry No. 143). MOTION for Sanctions Against Assa Corp And Assa Co. Limited. Filed In Associated Cases: 1:08-cv-10934-KBF (Dkt. Entry No. 702), 1:13-mc-00071-KBF (Dkt. Entry No. 143).. Document filed by Judgment Creditors Estate of Michael Heiser et al. and Estate of Millard D. Campbell. et al.. (Kremen, Richard)
August 21, 2013 Filing 702 MOTION for Sanctions Against Assa Corp And Assa Co. Limited. Filed In Associated Cases: 1:08-cv-10934-KBF (Dkt. Entry No. 702), 1:13-mc-00071-KBF (Dkt. Entry No. 143). Document filed by Judgment Creditors Estate of Michael Heiser et al. and Estate of Millard D. Campbell. et al..(Kremen, Richard)
August 20, 2013 Filing 701 SEALED DOCUMENT placed in vault.(mps)
August 20, 2013 Filing 700 LETTER addressed to Judge Katherine B. Forrest from Anand Sithian dated 8/19/13 re: For the foregoing reasons, and those set forth in the Governments prior Memorandum of Law in support of its Motion for Rule 37 Sanctions, the Court should enter an order striking Assa Corp.s and Assa Co. Ltd.'s Claims and Answer in this forfeiture action. In the alternative, the Court should give an adverse inference instruction for Assa's willful failure to appear against Assa. Regardless of the Court's sanctions against Assa, an adverse inference instruction is warranted against 650 Fifth Avenue Company. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
August 20, 2013 Filing 699 LETTER addressed to Judge Katherine B. Forrest from Anand Sithian dated 8/19/13 re: The Government respectfully submits this letter in response to the Courts Order of August 16, 2013 (ECF Docket Entry (D.E.) 676). Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
August 20, 2013 Filing 698 LETTER addressed to Judge Katherine B. Forrest from Ralph P. Dupont dated 8/19/13 re: Counsel writes for the Hegna-Defendants-Claimants ("Hegnas") in support of Government's response in opposition to the pending motions to exclude expert testimony of Dr. Patrick Clawson. In doing so they adopt the Memoranda submitted by the Government in 08 Civ. 10934 (KBF) [Dkt. #692] and, in particular, its statements respecting the expertise of Dr. Clawson and the scope of his testimony. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro) Modified on 8/20/2013 (mro).
August 19, 2013 Filing 697 MEMORANDUM OF LAW in Opposition re: (614 in 1:08-cv-10934-KBF) MOTION to Preclude the Expert Testimony of Dr. Patrick L. Clawson.. Document filed by Renay Fryn, Stuart E. Hersh, Abraham Mendelson, Daniel Miller, Elana Rozenman, Noan Rozenman, Tzvi Rozenman, Deborah Rubin, Jenny Rubin, Renay Frym, Tzvi Rosenman, Elena Rozenman, Noam Rozenman, Abraham Mandelson. Filed In Associated Cases: 1:08-cv-10934-KBF, 1:09-cv-00165-KBF, 1:09-cv-00166-KBF(Solowiejczyk, Noah)
August 19, 2013 Filing 696 DECLARATION of James L. Bernard in Support re: (242 in 1:09-cv-00564-KBF, 611 in 1:08-cv-10934-KBF, 257 in 1:09-cv-00553-KBF, 218 in 1:10-cv-02464-KBF) MOTION for Sanctions Against Assa Corp And Assa Co. Limited.. Document filed by Carlos Acosta, Maria Acosta, Tova Ettinger, Irving Franklin, Steven M. Greenbaum, Ethel J. Griffin, Alan D. Hayman, Shirlee Hayman, Baruch Kahane, Libby Kahane, Norman Kahane, Ciporah Kaplan, Steven M. Greenbaum, Steven M. Greenbaum, Steven M. Greenbaum, Steven M. Greenbaum, Steven M. Greenbaum, Irving Franklin, Ethel J. Griffin, Libby Kahane, Norman Kahane. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)Filed In Associated Cases: 1:08-cv-10934-KBF, 1:09-cv-00553-KBF, 1:09-cv-00564-KBF, 1:10-cv-02464-KBF(Bernard, James)
August 19, 2013 Filing 695 REPLY to Response to Motion re: (218 in 1:10-cv-02464-KBF) MOTION for Sanctions Against Assa Corp And Assa Co. Limited. Greenbaum, Acosta, Beer and Kirschenbaum Plaintiffs Reply In Further Support Of Their Sanctions Motion. Document filed by Carlos Acosta, Maria Acosta, Tova Ettinger, Irving Franklin, Steven M. Greenbaum, Ethel J. Griffin, Alan D. Hayman, Shirlee Hayman, Baruch Kahane, Libby Kahane, Norman Kahane, Ciporah Kaplan, Steven M. Greenbaum, Steven M. Greenbaum, Steven M. Greenbaum, Steven M. Greenbaum, Steven M. Greenbaum, Irving Franklin, Ethel J. Griffin, Libby Kahane, Norman Kahane. Filed In Associated Cases: 1:08-cv-10934-KBF, 1:09-cv-00553-KBF, 1:09-cv-00564-KBF, 1:10-cv-02464-KBF(Bernard, James)
August 19, 2013 Filing 694 RESPONSE in Opposition re: #614 MOTION to Preclude the Expert Testimony of Dr. Patrick L. Clawson. (By The Acosta, Beer, Campbell, Greenbaum, Havlish, Heiser, Kirschenbaum, and Peterson Plaintiffs (collectively, the "Judgment Creditors"). Document filed by Judgment Creditors Estate of Michael Heiser et al. and Estate of Millard D. Campbell. et al.. (Birnbaum, Timothy)
August 19, 2013 Filing 693 DECLARATION of Martin S. Bell in Opposition re: #614 MOTION to Preclude the Expert Testimony of Dr. Patrick L. Clawson.. Document filed by United States of America. (Attachments: #1 Exhibit (redacted))(Bell, Martin)
August 19, 2013 Filing 692 MEMORANDUM OF LAW in Opposition re: (614 in 1:08-cv-10934-KBF) MOTION to Preclude the Expert Testimony of Dr. Patrick L. Clawson.. Document filed by United States of America. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(Bell, Martin)
August 19, 2013 Filing 691 LETTER addressed to Judge Katherine B. Forrest from James L. Bernard dated 8/16/13 re: Counsel for the Greenbaum, Acosta, Beer, and Kirschenbaun Plaintiffs in the above-referenced consolidated and related proceedings before your Honor. Further to the Court's Order dated August 7, 2013 (Doc. No. 618), counsel submits this joint letter on behalf of Plaintiffs and the Hegna judgment holders (11 Civ. 03761)(KBF) to present the various parties' positions as to whether the private turnover actions (collectively, the "Private Actions") must be tried to the Court without a jury. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
August 19, 2013 Opinion or Order Filing 690 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Anand Sithian dated 8/16/13 re: The Government respectfully submits this letter to request permission to file a Reply in Support of the Governments Motion for Rule 37 Sanctions against Assa Corp. and Assa Co. Limited (collectively, Assa). (ECF Doc. No. 604 in 08-cv-10934). ENDORSEMENT: ORDERED: Application granted. Not later than August 19, 2013, the Government may submit a reply letter to the motion for sanctions against Assa. (Signed by Judge Katherine B. Forrest on 8/16/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro)
August 17, 2013 Filing 689 MEMORANDUM OF LAW in Support re: #681 MOTION for Summary Judgment.. Document filed by United States of America. (Lockard, Michael)
August 17, 2013 Filing 688 RULE 56.1 STATEMENT. Document filed by United States of America. (Lockard, Michael)
August 17, 2013 Filing 687 DECLARATION of Special Agent Jennifer A. McReynolds in Support re: #681 MOTION for Summary Judgment.. Document filed by United States of America. (Attachments: #1 Exhibit)(Lockard, Michael)
August 17, 2013 Filing 686 DECLARATION of Michael D. Lockard in Support re: #681 MOTION for Summary Judgment.. Document filed by United States of America. (Attachments: #1 Exhibit 1)(Lockard, Michael)
August 17, 2013 Filing 685 RULE 56.1 STATEMENT. Document filed by 650 Fifth Avenue Company, Alavi Foundation. (Ruzumna, Daniel)
August 17, 2013 Filing 684 MEMORANDUM OF LAW in Support re: #682 MOTION for Summary Judgment.. Document filed by 650 Fifth Avenue Company, Alavi Foundation. (Ruzumna, Daniel)
August 17, 2013 Filing 683 DECLARATION of Daniel S. Ruzumna in Support re: #682 MOTION for Summary Judgment.. Document filed by 650 Fifth Avenue Company, Alavi Foundation. (Attachments: #1 Exhibits 1-4, #2 Exhibits 5-46, #3 Exhibits 47-53, #4 Exhibits 54-58)(Ruzumna, Daniel)
August 17, 2013 Filing 682 MOTION for Summary Judgment. Document filed by 650 Fifth Avenue Company, Alavi Foundation.(Ruzumna, Daniel)
August 17, 2013 Filing 681 MOTION for Summary Judgment. Document filed by United States of America.(Lockard, Michael)
August 17, 2013 Filing 680 RULE 56.1 STATEMENT. Document filed by 650 Fifth Avenue Company, Alavi Foundation. (Ruzumna, Daniel)
August 16, 2013 Filing 679 MEMORANDUM OF LAW in Support re: #677 MOTION for Partial Summary Judgment.. Document filed by 650 Fifth Avenue Company, Alavi Foundation. (Ruzumna, Daniel)
August 16, 2013 Filing 678 DECLARATION of Daniel S. Ruzumna in Support re: #677 MOTION for Partial Summary Judgment.. Document filed by 650 Fifth Avenue Company, Alavi Foundation. (Attachments: #1 Exhibits 1-4, #2 Exhibits 5-46, #3 Exhibits 47-53, #4 Exhibits 54-58)(Ruzumna, Daniel)
August 16, 2013 Filing 677 MOTION for Partial Summary Judgment. Document filed by 650 Fifth Avenue Company, Alavi Foundation.(Ruzumna, Daniel)
August 16, 2013 Opinion or Order Filing 676 ORDER: The Government shall make its ex parte submission as regards the OFAC documents not later than 5:00 p.m., Wednesday, August 21, 2013. If this is not feasible, the Government shall submit a letter by Monday, August 18, 2013, proposing the earliest alternate date when it could make this submission. (Signed by Judge Katherine B. Forrest on 8/16/2013) (ft)
August 16, 2013 Opinion or Order Filing 675 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Anand Sithian, Sharon Cohen Levin, Michael D. Lockard, Martin S. Bell, and Carolina Fornos dated 8/16/2013 re: The government submits this letter to request an extension of time to respond to "Alavi's" letter motion submitted to the Court on the evening of 8/14/2013. ENDORSEMENT: ORDERED: Application granted. The Government's opposition to Alavi's August 14 Letter Motion to preclude witness testimony is now due Wednesday, August 21, 2013. (Signed by Judge Katherine B. Forrest on 8/16/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(tro)
August 16, 2013 Filing 674 LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 8/15/2013 re: Counsel for Alavi Foundation and 650 Fifth Avenue Company in reply to the Government's 8/13/2013 letter concerning production of documents from the U.S. Department of Treasury's Office of Foreign Assets Control. Document filed by Alavi Foundation.Filed In Associated Cases: 1:08-cv-10934-KBF et al.(tro)
August 16, 2013 Filing 673 MEMORANDUM OF LAW in Support re: #671 MOTION for Sanctions Against Assa Corp. and Assa Co. Limited.. Document filed by 650 Fifth Avenue Company, Alavi Foundation. (Ruzumna, Daniel)
August 16, 2013 Filing 672 DECLARATION of Daniel S. Ruzumna in Support re: #671 MOTION for Sanctions Against Assa Corp. and Assa Co. Limited.. Document filed by 650 Fifth Avenue Company, Alavi Foundation. (Ruzumna, Daniel)
August 16, 2013 Filing 671 MOTION for Sanctions Against Assa Corp. and Assa Co. Limited. Document filed by 650 Fifth Avenue Company, Alavi Foundation.(Ruzumna, Daniel)
August 16, 2013 Filing 670 MEMORANDUM OF LAW in Opposition re: (242 in 1:09-cv-00564-KBF, 611 in 1:08-cv-10934-KBF, 257 in 1:09-cv-00553-KBF, 218 in 1:10-cv-02464-KBF) MOTION for Sanctions Against Assa Corp And Assa Co. Limited., (247 in 1:09-cv-00564-KBF, 625 in 1:08-cv-10934-KBF, 262 in 1:09-cv-00553-KBF, 190 in 1:09-cv-04784-KBF, 240 in 1:09-cv-00166-KBF, 223 in 1:10-cv-02464-KBF, 242 in 1:09-cv-00165-KBF, 193 in 1:09-cv-04614-KBF) MOTION for Discovery Sanctions., (250 in 1:09-cv-00166-KBF, 252 in 1:09-cv-00165-KBF, 635 in 1:08-cv-10934-KBF) MOTION for Sanctions against Assa Corp. and Assa Co. Ltd.., (604 in 1:08-cv-10934-KBF) MOTION for Sanctions., (627 in 1:08-cv-10934-KBF, 225 in 1:10-cv-02464-KBF, 244 in 1:09-cv-00165-KBF, 264 in 1:09-cv-00553-KBF, 192 in 1:09-cv-04784-KBF, 242 in 1:09-cv-00166-KBF, 249 in 1:09-cv-00564-KBF, 195 in 1:09-cv-04614-KBF) FIRST MOTION for Sanctions against Assa Corp. and Assa Co. Limited., (622 in 1:08-cv-10934-KBF) FIRST MOTION for Sanctions Against Assa Corp. and Assa Co. Limited.. Document filed by ASSA Company Limited, ASSA Corporation, ASSA Company Ltd., All Right Title And Interest Of Assa Corporation, All Right, Title, and Interest of ASSA Corporation, Assa Corp., Assa Co. Ltd., Assa Corp., ASSA Corp.. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(De Funis, Bension)
August 16, 2013 Filing 669 AFFIDAVIT of Emma Kate McNomee in Opposition re: (611 in 1:08-cv-10934-KBF, 257 in 1:09-cv-00553-KBF, 242 in 1:09-cv-00564-KBF, 218 in 1:10-cv-02464-KBF) MOTION for Sanctions Against Assa Corp And Assa Co. Limited., (252 in 1:09-cv-00165-KBF, 250 in 1:09-cv-00166-KBF, 635 in 1:08-cv-10934-KBF) MOTION for Sanctions against Assa Corp. and Assa Co. Ltd.., (225 in 1:10-cv-02464-KBF, 244 in 1:09-cv-00165-KBF, 195 in 1:09-cv-04614-KBF, 627 in 1:08-cv-10934-KBF, 264 in 1:09-cv-00553-KBF, 192 in 1:09-cv-04784-KBF, 242 in 1:09-cv-00166-KBF, 249 in 1:09-cv-00564-KBF) FIRST MOTION for Sanctions against Assa Corp. and Assa Co. Limited., (190 in 1:09-cv-04784-KBF, 223 in 1:10-cv-02464-KBF, 242 in 1:09-cv-00165-KBF, 193 in 1:09-cv-04614-KBF, 247 in 1:09-cv-00564-KBF, 625 in 1:08-cv-10934-KBF, 262 in 1:09-cv-00553-KBF, 240 in 1:09-cv-00166-KBF) MOTION for Discovery Sanctions., (622 in 1:08-cv-10934-KBF) FIRST MOTION for Sanctions Against Assa Corp. and Assa Co. Limited., (604 in 1:08-cv-10934-KBF) MOTION for Sanctions.. Document filed by ASSA Company Limited, ASSA Corporation, ASSA Company Ltd., All Right, Title, and Interest of ASSA Corporation, Assa Corp., Assa Co. Ltd., Assa Corp., ASSA Corp.. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(De Funis, Bension)
August 16, 2013 Filing 668 DECLARATION of Davood Shakeri in Opposition re: (611 in 1:08-cv-10934-KBF, 257 in 1:09-cv-00553-KBF, 242 in 1:09-cv-00564-KBF, 218 in 1:10-cv-02464-KBF) MOTION for Sanctions Against Assa Corp And Assa Co. Limited., (252 in 1:09-cv-00165-KBF, 250 in 1:09-cv-00166-KBF, 635 in 1:08-cv-10934-KBF) MOTION for Sanctions against Assa Corp. and Assa Co. Ltd.., (225 in 1:10-cv-02464-KBF, 244 in 1:09-cv-00165-KBF, 195 in 1:09-cv-04614-KBF, 627 in 1:08-cv-10934-KBF, 264 in 1:09-cv-00553-KBF, 192 in 1:09-cv-04784-KBF, 242 in 1:09-cv-00166-KBF, 249 in 1:09-cv-00564-KBF) FIRST MOTION for Sanctions against Assa Corp. and Assa Co. Limited., (190 in 1:09-cv-04784-KBF, 223 in 1:10-cv-02464-KBF, 242 in 1:09-cv-00165-KBF, 193 in 1:09-cv-04614-KBF, 247 in 1:09-cv-00564-KBF, 625 in 1:08-cv-10934-KBF, 262 in 1:09-cv-00553-KBF, 240 in 1:09-cv-00166-KBF) MOTION for Discovery Sanctions., (622 in 1:08-cv-10934-KBF) FIRST MOTION for Sanctions Against Assa Corp. and Assa Co. Limited., (604 in 1:08-cv-10934-KBF) MOTION for Sanctions.. Document filed by ASSA Company Limited, ASSA Corporation, ASSA Company Ltd., All Right Title And Interest Of Assa Corporation, All Right, Title, and Interest of ASSA Corporation, Assa Corp., Assa Co. Ltd., Assa Corp., ASSA Corp.. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(De Funis, Bension)
August 16, 2013 Filing 667 DECLARATION of Donald F. Luke in Opposition re: (611 in 1:08-cv-10934-KBF, 257 in 1:09-cv-00553-KBF, 242 in 1:09-cv-00564-KBF, 218 in 1:10-cv-02464-KBF) MOTION for Sanctions Against Assa Corp And Assa Co. Limited., (252 in 1:09-cv-00165-KBF, 250 in 1:09-cv-00166-KBF, 635 in 1:08-cv-10934-KBF) MOTION for Sanctions against Assa Corp. and Assa Co. Ltd.., (225 in 1:10-cv-02464-KBF, 244 in 1:09-cv-00165-KBF, 195 in 1:09-cv-04614-KBF, 627 in 1:08-cv-10934-KBF, 264 in 1:09-cv-00553-KBF, 192 in 1:09-cv-04784-KBF, 242 in 1:09-cv-00166-KBF, 249 in 1:09-cv-00564-KBF) FIRST MOTION for Sanctions against Assa Corp. and Assa Co. Limited., (190 in 1:09-cv-04784-KBF, 223 in 1:10-cv-02464-KBF, 242 in 1:09-cv-00165-KBF, 193 in 1:09-cv-04614-KBF, 247 in 1:09-cv-00564-KBF, 625 in 1:08-cv-10934-KBF, 262 in 1:09-cv-00553-KBF, 240 in 1:09-cv-00166-KBF) MOTION for Discovery Sanctions., (622 in 1:08-cv-10934-KBF) FIRST MOTION for Sanctions Against Assa Corp. and Assa Co. Limited., (604 in 1:08-cv-10934-KBF) MOTION for Sanctions.. Document filed by ASSA Company Limited, ASSA Corporation, ASSA Company Ltd., All Right Title And Interest Of Assa Corporation, All Right, Title, and Interest of ASSA Corporation, Assa Corp., Assa Co. Ltd., Assa Corp., ASSA Corp.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)Filed In Associated Cases: 1:08-cv-10934-KBF et al.(De Funis, Bension)
August 15, 2013 Filing 666 SEALED DOCUMENT placed in vault.(mps)
August 15, 2013 Filing 665 SEALED DOCUMENT placed in vault.(mps)
August 15, 2013 Filing 664 SEALED DOCUMENT placed in vault.(mps)
August 15, 2013 Filing 663 SEALED DOCUMENT placed in vault.(mps)
August 15, 2013 Filing 662 SEALED DOCUMENT placed in vault.(mps)
August 15, 2013 Filing 661 SEALED DOCUMENT placed in vault.(mps)
August 15, 2013 Filing 660 SEALED DOCUMENT placed in vault.(mps)
August 15, 2013 Filing 659 SEALED DOCUMENT placed in vault.(mps)
August 15, 2013 Filing 658 SEALED DOCUMENT placed in vault.(mps)
August 15, 2013 Filing 657 SEALED DOCUMENT placed in vault.(mps)
August 15, 2013 Filing 656 SEALED DOCUMENT placed in vault.(mps) Modified on 8/16/2013 (mps).
August 15, 2013 Filing 655 SEALED DOCUMENT placed in vault.(nm)
August 15, 2013 Filing 654 SEALED DOCUMENT placed in vault.(nm)
August 15, 2013 Filing 653 SEALED DOCUMENT placed in vault.(nm)
August 15, 2013 Filing 652 SEALED DOCUMENT placed in vault.(nm)
August 15, 2013 Filing 651 SEALED DOCUMENT placed in vault.(nm)
August 15, 2013 Filing 650 SEALED DOCUMENT placed in vault.(nm)
August 15, 2013 Filing 649 SEALED DOCUMENT placed in vault.(nm)
August 15, 2013 Filing 648 SEALED DOCUMENT placed in vault.(nm)
August 15, 2013 Filing 647 SEALED DOCUMENT placed in vault.(nm)
August 15, 2013 Filing 646 SEALED DOCUMENT placed in vault.(nm)
August 15, 2013 Filing 645 SEALED DOCUMENT placed in vault.(nm)
August 15, 2013 Filing 644 LETTER addressed to Judge Katherine B. Forrest from Anand Sithian dated 8/15/13 re: The Government respectfully submits this letter to respond to the Courts Order of August 14, 2013, regarding discovery from the U.S. Department of Treasury's Office of Foreign Assets Control (OFAC). (ECF Doc. No. 641). Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
August 15, 2013 Filing 643 LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 8/14/13 re: For the reasons herein, the Court should exclude testimony at trial. In the alternative, and at a minimum, the Court should order the Government to turn over his source file and any other relevant documents in advance of his deposition. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
August 14, 2013 Filing 642 SEALED DOCUMENT placed in vault.(nm)
August 14, 2013 Opinion or Order Filing 641 ORDER: The Court has received the correspondence of the Alavi Claimants, the Assa Claimants, and the Government, as regards Claimants motion to compel OFAC documents. It is hereby ORDERED that, not later than Thursday, August 15, 2013, at 5:00 p.m., the Government shall submit a letter via electronic mail, responding to the questions herein. (Signed by Judge Katherine B. Forrest on 8/14/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro)
August 14, 2013 Filing 640 LETTER addressed to Judge Katherine B. Forrest from Anand Sithian dated 8/13/13 re: For the reasons stated in the Governments letter submitted to the Court earlier today, and the privileges asserted in the Declaration of John E. Smith (ECF Doc. No. 534), OFACs production will not include documents over which OFAC has asserted privilege. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
August 14, 2013 Filing 639 LETTER addressed to Judge Katherine B. Forrest from Anand Sithian dated 8/13/13 re: The Government respectfully requests that the Court deny Claimants motion to compel the production of privileged records from OFAC. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
August 14, 2013 Filing 638 LETTER addressed to Judge Katherine B. Forrest from Ralph P. Dupont dated 8/13/13 re: Counsel writes for the Hegna family in the above captioned actions in support of the Government's letter to the Court of even date with respect to pending suppression proceedings. The Government invites attention to the pendency of asset enforcement proceedings initiated by private plaintiffs in December, 2008, against the "Defendant Properties", the Alavi Foundation, 650 Fifth Avenue Company, Assa Corp. and Assa Co. Limited. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
August 14, 2013 Opinion or Order Filing 637 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Martin S. Bell dated 8/13/13 re: The Government respectfully asks that Your Honor's August 12, 2013 Order, extending the deadline for the Judgement Creditors to respond to Claimants Alavi and 650 Fifth Avenue's (Claimants) Motions to Preclude the Expert Testimony of Dr. Patrick Clawson to August 19, 2013, apply to the Government as well. ENDORSEMENT: ORDERED: Application granted. All responses to motion to preclude Dr. Clawson due 8/19. Set Deadlines/Hearing as to (614 in 1:08-cv-10934-KBF) MOTION to Preclude the Expert Testimony of Dr. Patrick L. Clawson:( Responses due by 8/19/2013) (Signed by Judge Katherine B. Forrest on 8/14/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro)
August 13, 2013 Filing 636 DECLARATION of Peter R. Kolker in Support re: (250 in 1:09-cv-00166-KBF) MOTION for Sanctions against Assa Corp. and Assa Co. Ltd... Document filed by Renay Fryn, Stuart E. Hersh, Abraham Mendelson, Daniel Miller, Elana Rozenman, Noan Rozenman, Tzvi Rozenman, Deborah Rubin, Jenny Rubin, Renay Frym, Tzvi Rosenman, Elena Rozenman, Noam Rozenman, Abraham Mandelson. Filed In Associated Cases: 1:08-cv-10934-KBF, 1:09-cv-00165-KBF, 1:09-cv-00166-KBF(Kolker, Peter)
August 13, 2013 Filing 635 MOTION for Sanctions against Assa Corp. and Assa Co. Ltd.. Document filed by Renay Fryn, Stuart E. Hersh, Abraham Mendelson, Daniel Miller, Elana Rozenman, Noan Rozenman, Tzvi Rozenman, Deborah Rubin, Jenny Rubin, Renay Frym, Tzvi Rosenman, Elena Rozenman, Noam Rozenman, Abraham Mandelson.Filed In Associated Cases: 1:08-cv-10934-KBF, 1:09-cv-00165-KBF, 1:09-cv-00166-KBF(Kolker, Peter)
August 13, 2013 Opinion or Order Filing 634 ORDER: In its review of the materials regarding the motion for suppression of evidence by defendants Alavi Foundation and 650 Fifth Ave. Co., the Court has concluded that no suppression hearing is warranted at this time. The hearing tentatively scheduled for August 29, 2013, is hereby adjourned. An opinion on the merits of the suppression motion shall follow shortly. (Signed by Judge Katherine B. Forrest on 8/13/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro)
August 12, 2013 Filing 633 LETTER addressed to Judge Katherine B. Forrest from Michael D. Lockard dated 8/11/13 re: The Government respectfully submits this supplemental letter in light of the discussion concerning the Alavi Claimants motion to suppress at the August 7, 2013, conference in order to bring to the Courts attention certain materials pertinent to that discussion. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
August 12, 2013 Opinion or Order Filing 632 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Michael D. Lockard dated 8/9/13 re: The Government respectfully submits this letter in accordance with the Courts Order dated August 7, 2013, directing the Government to advise the Court of the earliest date on which an unredacted copy of the approximately 2,859 pages of sampled non-key custodian electronically stored information (ESI) can be provided to the Court for in camera review. Counsel will provide the Court with the ESI sample by Wednesday, August 14, 2013. ENDORSEMENT: ORDERED: Wednesday 8/14 by 5:00 p.m. is fine. (Signed by Judge Katherine B. Forrest on 8/12/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro)
August 12, 2013 Filing 631 LETTER addressed to Judge Katherine B. Forrest from Peter I. Livingston dated 8/9/13 re: Counsel states that they expect that the Government will comply with their demands for discovery and if they do not do so, counsel requests the opportunity to file, once again, another motion for sanctions against the Government. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
August 12, 2013 Opinion or Order Filing 630 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Richard M. Kremen dated 8/9/13 re: Counsel writes to request an extension of time until 8/19/13 to submit a response to the Motion to Preclude the Expert Testimony of Dr. Patrick L. Clawson (ECF Dkt. Nos. 614-16 in 08-cv-10934). ENDORSEMENT: ORDERED: Application for extension to August 19, 2013 granted. Set Deadlines/Hearing as to (614 in 1:08-cv-10934-KBF) MOTION to Preclude the Expert Testimony of Dr. Patrick L. Clawson :( Responses due by 8/19/2013) (Signed by Judge Katherine B. Forrest on 8/12/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro) Modified on 8/12/2013 (mro).
August 12, 2013 Filing 629 LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 8/8/13 re: Counsel submits this letter on behalf of the Alavi Foundation (the Foundation) and the 650 Fifth Avenue Company ("Fifth Avenue Company" and, collectively, "Claimants") to request that the court compel the Government to produce proper discovery from the Department of Treasury's Office of Foreign Assets Control ("OFAC"). Claimants' need for such documents is great, as Claimants will depose a representative of OFAC in the next few weeks. For the reasons described below, the Court should order the Government to produce responsive documents from OFAC before Claimants depose the OFAC representative. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
August 10, 2013 Filing 628 DECLARATION of Ralph P. Dupont in Support re: (242 in 1:09-cv-00166-KBF) FIRST MOTION for Sanctions against Assa Corp. and Assa Co. Limited.. Document filed by Craig H Hegna, Edwena R Hegna, Edwina R Hegna, Paul B Hegna, Steven A Hegna, Lynn M Hegna Moore. (Attachments: #1 Exhibit Judgment)Filed In Associated Cases: 1:08-cv-10934-KBF et al.(Dupont, Ralph)
August 10, 2013 Filing 627 FIRST MOTION for Sanctions against Assa Corp. and Assa Co. Limited. Document filed by Craig H Hegna, Edwena R Hegna, Edwina R Hegna, Paul B Hegna, Steven A Hegna, Lynn M Hegna Moore.Filed In Associated Cases: 1:08-cv-10934-KBF et al.(Dupont, Ralph)
August 9, 2013 Filing 626 DECLARATION of Liviu Vogel in Support re: (223 in 1:10-cv-02464-KBF) MOTION for Discovery Sanctions.. Document filed by Deborah D. Peterson, et al.. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(Vogel, Liviu)
August 9, 2013 Filing 625 MOTION for Discovery Sanctions. Document filed by Deborah D. Peterson, et al..Filed In Associated Cases: 1:08-cv-10934-KBF et al.(Vogel, Liviu)
August 9, 2013 Opinion or Order Filing 624 ORDER: The final pretrial conference scheduled for Wednesday, September 4, 2013, at 9:00 a.m. shall now be heard that same day (Wednesday, September 4, 2013) at 12:00 p.m., ( Final Pretrial Conference set for 9/4/2013 at 12:00 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 8/8/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(lmb)
August 9, 2013 Filing 623 DECLARATION of Noel J. Nudelman in Support re: #622 FIRST MOTION for Sanctions Against Assa Corp. and Assa Co. Limited.. Document filed by Ruth Ann Bland, Julie Goldberg-Botvin. (Nudelman, Noel)
August 9, 2013 Filing 622 FIRST MOTION for Sanctions Against Assa Corp. and Assa Co. Limited. Document filed by Ruth Ann Bland, Julie Goldberg-Botvin.(Nudelman, Noel)
August 9, 2013 Filing 621 NOTICE of Motion for Sanctions Against Assa Corp. and Assa Co. Limited. Document filed by Ruth Ann Bland, Julie Goldberg-Botvin. (Nudelman, Noel)
August 9, 2013 Filing 620 SEALED DOCUMENT placed in vault.(nm)
August 8, 2013 Filing 619 LETTER addressed to Judge Katherine B. Forrest from Michael D. Lockard dated 8/7/13 re: For the foregoing herein, the Government respectfully requests that the Alavi Claimants requests for discovery relief in their August 2, 2013, letter be denied in their entirety. Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro)
August 8, 2013 Filing 617 NOTICE OF APPEARANCE by Adam Blumenkrantz on behalf of 650 Fifth Avenue Company, Alavi Foundation. (Blumenkrantz, Adam)
August 7, 2013 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Mark Nathan Antar to RE-FILE Document #613 FIRST MOTION for Sanctions Against Assa Corp. and Assa Co. Limited. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. (ldi)
August 7, 2013 Opinion or Order Filing 618 ORDER: As stated on the record at the August 7, 2013, status conference, it is hereby ORDERED: 1. The parties shall hold August 29, 2013, at 9:00 a.m. for a possible suppression hearing. The Court shall issue a further order confirming or adjourning this date. 2. Not later than Friday, August 9, 2013, the Government shall submit a letter stating the earliest date upon which it could submit the 2,859 pages of previously-produced ESI to the Court in unredacted form for review in camera. 3. Not later than August 16, 2013, any party wishing to do so shall submit its views (preferably in the form of a joint letter) as to which claims should/must be tried to the bench and which should/must be tried to a jury. 4. Any motions for summary judgment shall be filed not later than August 16, 2013. Any opposition briefs are due August 30, 2013. Any replies are due September 5, 2013. 5. Each party shall submit two hard copies of its unredacted summary judgment motion papers and an emailed PDF copy to Chambers simultaneously with each ECF filing. All parties shall serve unredacted versions of their summary judgment motion papers on the other parties not later than the time of each ECF filing. 6. Any party filing a motion for summary judgment or opposition brief is granted leave to file an oversize brief of not more than 50 pages in length. Any replies shall be not more than 25 pages in length. 7. Any party wishing to file motions in limine shall do so not later than August 21, 2013. Any opposition shall be filed not later than August 28, 2013. No replies shall be filed. 8. Each party shall file a maximum of one brief encompassing all of its motions in limine. Any subsections of opposition briefs to motions in limine shall be captioned in the same order and using the same headings as the opening briefs. 9. The parties shall number (rather than letter) all trial exhibits. Each party is reminded that it waives objections as to any exhibit appearing on its own pretrial order. 10. The trial in this matter is adjourned to Monday, September 16, 2013, at 9:00 a.m. ( Motions due by 8/21/2013., Responses due by 8/30/2013, Replies due by 9/5/2013., Jury Trial set for 9/16/2013 at 09:00 AM before Judge Katherine B. Forrest., Suppression Hearing set for 8/29/2013 at 09:00 AM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 8/7/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro) Modified on 8/8/2013 (mro).
August 7, 2013 Filing 616 MEMORANDUM OF LAW in Support re: #614 MOTION to Preclude the Expert Testimony of Dr. Patrick L. Clawson. Redacted. Document filed by 650 Fifth Avenue Company, Alavi Foundation. (Ruzumna, Daniel)
August 7, 2013 Filing 615 DECLARATION of Daniel S. Ruzumna in Support re: #614 MOTION to Preclude the Expert Testimony of Dr. Patrick L. Clawson.. Document filed by 650 Fifth Avenue Company, Alavi Foundation. (Attachments: #1 Exhibit A, #2 Exhibits B & C Redacted, #3 Exhibits D & E, #4 Exhibits F - I Redacted)(Ruzumna, Daniel)
August 7, 2013 Filing 614 MOTION to Preclude the Expert Testimony of Dr. Patrick L. Clawson. Document filed by 650 Fifth Avenue Company, Alavi Foundation.(Ruzumna, Daniel)
August 7, 2013 Filing 613 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for Sanctions Against Assa Corp. and Assa Co. Limited. Document filed by Deborah D Peterson, Personal Representative. (Attachments: #1 Affidavit Declaration of Liviu Vogel in Support of Peterson Motion for Sanctions Against Assa)(Antar, Mark) Modified on 8/8/2013 (ldi).
August 7, 2013 Filing 612 DECLARATION of James L. Bernard in Support re: (218 in 1:10-cv-02464-KBF) MOTION for Sanctions Against Assa Corp And Assa Co. Limited.. Document filed by Carlos Acosta, Maria Acosta, Tova Ettinger, Irving Franklin, Steven M. Greenbaum, Ethel J. Griffin, Alan D. Hayman, Shirlee Hayman, Baruch Kahane, Libby Kahane, Norman Kahane, Ciporah Kaplan, Steven M. Greenbaum, Steven M. Greenbaum, Steven M. Greenbaum, Steven M. Greenbaum, Steven M. Greenbaum, Irving Franklin, Ethel J. Griffin, Libby Kahane, Norman Kahane. Filed In Associated Cases: 1:08-cv-10934-KBF, 1:09-cv-00553-KBF, 1:09-cv-00564-KBF, 1:10-cv-02464-KBF(Bernard, James)
August 7, 2013 Filing 611 MOTION for Sanctions Against Assa Corp And Assa Co. Limited. Document filed by Carlos Acosta, Maria Acosta, Tova Ettinger, Irving Franklin, Steven M. Greenbaum, Ethel J. Griffin, Alan D. Hayman, Shirlee Hayman, Baruch Kahane, Libby Kahane, Norman Kahane, Ciporah Kaplan, Steven M. Greenbaum, Steven M. Greenbaum, Steven M. Greenbaum, Steven M. Greenbaum, Steven M. Greenbaum, Irving Franklin, Ethel J. Griffin, Libby Kahane, Norman Kahane.Filed In Associated Cases: 1:08-cv-10934-KBF, 1:09-cv-00553-KBF, 1:09-cv-00564-KBF, 1:10-cv-02464-KBF(Bernard, James)
August 7, 2013 Opinion or Order Filing 610 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Michael H. Dolinger. (Signed by Judge Katherine B. Forrest on 8/7/2013) (mro)
August 7, 2013 Minute Entry for proceedings held before Judge Katherine B. Forrest: Status Conference held on 8/7/2013. (jp)
August 7, 2013 Filing 609 SEALED DOCUMENT placed in vault.(nm)
August 7, 2013 Filing 608 SEALED DOCUMENT placed in vault.(nm)
August 6, 2013 Opinion or Order Filing 607 ORDER: Any party wishing to respond to the Government's motion for sanctions against the Assa Defendants (ECF No. 604) shall do so not later than Friday, August 16, 2013, at 12:00 p.m. Set Deadlines/Hearing as to (604 in 1:08-cv-10934-KBF) MOTION for Sanctions: ( Responses due by 8/16/2013) (Signed by Judge Katherine B. Forrest on 8/6/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro)
August 6, 2013 Filing 606 DECLARATION of SAUSA Anand Sithian in Support re: #604 MOTION for Sanctions.. Document filed by United States of America. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19)(Sithian, Anand)
August 6, 2013 Filing 605 MEMORANDUM OF LAW in Support re: #604 MOTION for Sanctions.. Document filed by United States of America. (Sithian, Anand)
August 6, 2013 Filing 604 MOTION for Sanctions. Document filed by United States of America.(Sithian, Anand)
August 6, 2013 Opinion or Order Filing 603 ORDER: The Clerk of Court is hereby directed to remove the Eleventh Quarterly Report of Monitor Kathleen A. Roberts (ECF No. 439) from the public docket. The Court shall refile the report under seal. (Signed by Judge Katherine B. Forrest on 8/5/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro)
August 5, 2013 Opinion or Order Filing 602 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 8/2/13 re: Counsel respectfully writes on behalf of the Alavi Foundation (the "Foundation") and the 650 Fifth Avenue Company ("Fifth Avenue Company" and, collectively, "Claimants") in accordance with the Court's July 10, 2013 Order (Dkt. No. 547) directing the Government to produce documents pursuant to the parties agreed-upon sampling protocol, and instructing Claimants to submit a letter detailing which documents have been received as part of that protocol. ENDORSEMENT: Ordered: The Government should be prepared to address the issues raised herein at the 8/7/13 conference. All parties should be prepared to discuss appropriate relief. (Signed by Judge Katherine B. Forrest on 8/5/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro)
August 5, 2013 Opinion or Order Filing 601 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Anand Sithian dated 8/2/13 re: The Government respectfully submits this letter to request permission to file a formal motion for sanctions against Assa Corp. and Assa Co. Limited (collectively, "Assa"), pursuant to Federal Rules of Civil Procedure 37, without first having an informal conference with the Court, as required under Local Civil Rule 37.2, for Assa's refusal to be deposed in Dubai this week. ENDORSEMENT: Ordered: Application granted. This can be done by formal memorandum or letter motion--either of which will be treated similarly. (Signed by Judge Katherine B. Forrest on 8/5/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro)
August 5, 2013 Filing 600 SEALED DOCUMENT placed in vault.(nm)
August 2, 2013 Filing 599 DECLARATION of Daniel S. Ruzumna (Redacted) in Support re: #535 MOTION to Suppress Evidence.. Document filed by 650 Fifth Avenue Company, Alavi Foundation. (Attachments: #1 Exhibit A, #2 Exhibit B)(Ruzumna, Daniel)
August 2, 2013 Filing 598 REPLY MEMORANDUM OF LAW in Support re: #535 MOTION to Suppress Evidence. (Redacted). Document filed by 650 Fifth Avenue Company, Alavi Foundation. (Ruzumna, Daniel)
August 1, 2013 Opinion or Order Filing 597 ORDER: At the status conference scheduled for Wednesday, August 7, 2013, the Government, counsel for the Alavi defendants, and any other interested parties shall be prepared to address Alavi's pending motion for suppression of evidence. (ECF No. 535.) The parties shall be prepared to address the arguments made in their respective briefs, and in addition, shall address the following: 1. Whether the Post-Complaint Protective Order of December 17, 2008 and civil discovery production obligations render the suppression motion moot? 2. If the Court finds that Alavi was required to produce all of the documents seized in the December 18, 2008, search as a result of the Protective Order or discovery obligations, must the Court make such a finding under the legal framework of the "inevitable discovery" exception, or is the Fourth Amendment framework wholly inapplicable? Is a suppression hearing nevertheless required? 3. The parties shall be prepared to address, with particularity, how the Government could (or could not) have lawfully obtained each category of evidence seized in the December 18, 2008, search. Allavi and the Government may make formal presentations in this regard if they so choose. (Signed by Judge Katherine B. Forrest on 8/1/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro)
August 1, 2013 Opinion or Order Filing 596 ORDER: The Court has reviewed an ex parte submission by the Government dated July 31, 2013, in which it responds to the Court's Order of July 10, 2013, concerning the representativeness of the sample of documents provided for the Court's in camera, ex parte review of material withheld on the bases of national security classification and the law enforcement privilege. Based upon the Government's representations, the Court is satisfied that the sample provided was representative of the production as a whole-in fact, the Government provided a nearly complete sample of the various case files. The Court shall not issue further relief as regards defendants' crime-fraud motion. The Government's letter shall be filed under seal. (Signed by Judge Katherine B. Forrest on 7/31/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro)
July 31, 2013 Opinion or Order Filing 595 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 7/25/13 re: Counsel writes on behalf of the Alavi Foundation (the "Foundation") and 650 Fifth Avenue Company ("Fifth Avenue Company" and, collectively, "Claimants") in further support of their July 18, 2013 letter seeking an order precluding testimony from Lloyd Hitoshi Mayer, the Government's designated expert witness on tax law. As explained in the previous letter, despite the fact that tax issues have been made part of the case by the Government from the beginning, Mr. Mayer was not identified on the Government's 51-day late witness list and his report was produced the day before the close of discovery. The Government should not be permitted first to disregard the court's order to produce a witness list, and then, to call a witness to testify who was not identified on its long-overdue list, at least under the present circumstances in which the relevancy of these issues was so obvious. ENDORSEMENT: ORDERED: The Court agrees that the "tax issue" has been part of the Government's case and contentions since this action was filed. That the defendants might disagree on appropriate tax treatment or other tax issues raised by such contentions cannot be a surprise. That questioning at depositions revealed the obvious is not "good cause" for the belated retention of an expert on this issue. There have been too many deadlines passed by the Government to allow yet one more. There is prejudice to defendants to be presented with an expert report at this late date. Accordingly, the Court precludes the belatedly-identified Mr. Mayer. (Signed by Judge Katherine B. Forrest on 7/31/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro)
July 30, 2013 Opinion or Order Filing 593 MEMO ENDORSEMENT granting (591) Motion to Withdraw Jeremy S. Rosof as Attorney for the GABK Parties. in case 1:08-cv-10934-KBF; granting (248) Motion to Withdraw as Attorney in case 1:09-cv-00553-KBF; granting (233) Motion to Withdraw as Attorney in case 1:09-cv-00564-KBF; granting (209) Motion to Withdraw as Attorney in case 1:10-cv-02464-KBF. ENDORSEMENT: So ordered. (Signed by Judge Katherine B. Forrest on 7/29/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers.(mro)
July 29, 2013 Filing 592 SEALED DOCUMENT placed in vault.(nm)
July 29, 2013 Filing 591 MOTION for Jeremy Sage Rosof to Withdraw as Attorney and Cease All ECF Notifications. Document filed by Carlos Acosta, Maria Acosta, Tova Ettinger, Irving Franklin, Steven M. Greenbaum, Ethel J. Griffin, Alan D. Hayman, Shirlee Hayman, Baruch Kahane, Libby Kahane, Norman Kahane, Ciporah Kaplan, Steven M. Greenbaum, Steven M. Greenbaum, Steven M. Greenbaum, Steven M. Greenbaum, Steven M. Greenbaum, Irving Franklin, Ethel J. Griffin, Libby Kahane, Norman Kahane.Filed In Associated Cases: 1:08-cv-10934-KBF, 1:09-cv-00553-KBF, 1:09-cv-00564-KBF, 1:10-cv-02464-KBF(Rosof, Jeremy)
July 26, 2013 Filing 590 LETTER addressed to Judge Katherine B. Forrest from Donald F. Luke dated 7/26/13 re: This letter is submitted on behalf of Assa Corp. and Assa Limited (collectively, the Assa Claimants), in response to the Courts order of this afternoon. We can confirm that two of the three witnesses, Mr. Shakeri and Mr. Tafti, will attend the depositions at the Consulate as scheduled. We are still working on Mrs. Aghamiri. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
July 26, 2013 Filing 589 LETTER addressed to Judge Katherine B. Forrest from Martin S. Bell dated 7/26/13 re: The Government respectfully submits this letter in response to Claimant Assa Corp. and Assa Co. Ltd.s (Assa) letter concerning the refusal, announced today, of its Witnesses, Davood Shakeri and Fatemeh Aghamiri (the Witnesses), to comply with this Courts earlier Order and participate in scheduled depositions in Dubai. The Court previously ordered that the depositions were to take place at the United States Consulate in Dubai. The Governments representatives are due to board flights bound for Dubai tomorrow. These developments and the uncertainty surrounding them will only add to the mounting expenses related to these depositions. Accordingly, we ask the Court to order that the depositions take place as scheduled, and to order that by 5:00 p.m. today, Assa confirm (1) that the Witnesses will not be attending and (2) that Tafti, conversely, will be attending his deposition as scheduled on Wednesday. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
July 26, 2013 Opinion or Order Filing 588 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 7/26/13 re: Counsel submits this letter on behalf of the Alavi Foundation and the 650 Fifth Avenue Company to request an extension of the page limits for their reply memorandum of law related to their motion to suppress evidence. ENDORSEMENT: Ordered: Application granted. (Signed by Judge Katherine B. Forrest on 7/26/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro) Modified on 7/29/2013 (mro).
July 26, 2013 Filing 587 SEALED DOCUMENT placed in vault.(mps)
July 26, 2013 Opinion or Order Filing 586 ORDER: The Court has reviewed the correspondence of today's date from counsel for Assa Corp. and Assa Co. Ltd. casting doubt as to whether its representatives Davood Shakeri, Fatemeh Aghamiri, and Mohammad Hassan Dehghani Tafti (the "Assa Deponents") will appear for depositions set to take place at the U.S. Consulate in Dubai on July 29-31, 2013. The Court notes that these depositions have been carefully scheduled and located at the U.S. Consulate, and a variety of arrangements have been made by the parties to ensure they can take place. It is therefore ORDERED that, not later than 5:00 p.m. today (July 26, 2013), counsel for Assa shall confirm that these depositions shall take place as scheduled, or will face severe sanctions pursuant to Fed. R. Civ. P. 37. (Signed by Judge Katherine B. Forrest on 7/26/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro) Modified on 7/26/2013 (mro).
July 26, 2013 Opinion or Order Filing 585 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Donald F. Luke dated 7/26/13 re: This letter is submitted on behalf of Assa Corp. and Assa Limited (collectively, the "Assa Claimants"), regarding the depositions of certain Assa Claimants witnesses scheduled to occur in Dubai next week. Counsel has just been informed by two of the witnesses, Mr. Shakeri and Mrs. Aghamiri, that they remain fearful of appearing at the United States Consulate in Dubai for their scheduled depositions next week. Counsel has informed counsel for Alavi, 650 Fifth Avenue and the Government of this information and is attempting to work out with the Government a mutually agreeable location for these depositions. ENDORSEMENT: Ordered: Post to docket. (Signed by Judge Katherine B. Forrest on 7/26/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro) Modified on 7/29/2013 (mro).
July 26, 2013 Filing 584 LETTER addressed to Judge Katherine B. Forrest from Monica Hanna dated 7/25/13 re: This letter is submitted on behalf of the Greenbaum, Acosta, Beer, and Kirschenbaum Judgment Creditors (collectively, the "GABK Judgment Creditors"), in response to the Courts request for an explanation of our request that the GABK Judgment Creditors and all the other private plaintiffs be allowed 45 minutes to examine each of the Assa Corp. and Assa Co. Ltd. (collectively, Assa) witnesses in Dubai. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
July 26, 2013 Filing 583 LETTER addressed to Judge Katherine B. Forrest from Peter I. Livingston dated 7/25/13 re: Counsel for the Claimants Assa Corp. and Assa Limited writes with respect to the allocation of time for the depositions noticed for July 29-31 in Dubai, U.A.E, in accordance with Your Honors direction during the telephone conference today. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
July 26, 2013 Filing 582 LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 7/25/13 re: Counsel writes on behalf of the Alavi Foundation and 650 Fifth Avenue Company to explain why Claimants require 3 hours of deposition questioning for each of Davood Shakeri, Fatemeh Aghamiri, and Mohammad Hassan Dehghani Tafti. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
July 26, 2013 Filing 581 LETTER addressed to Judge Katherine B. Forrest from Martin S. Bell dated 7/25/13 re: The Government respectfully requests four hours of questioning time of the seven currently understood to be available for parties other than Claimant Assa Corp. and Assa Co. Limited (Assa) in the depositions of Fatemah Aghamiri, Davood Shakiri, and Mohammad Dehghani Tafti (the Assa Witnesses). The Government further requests that (1) Assas questioning time be limited to one hour in addition to the aforementioned seven hours and that (2) the questioning proceed in the order listed herein. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
July 26, 2013 Opinion or Order Filing 579 ORDER: It is therefore ORDERED: 1. The allocation of time and order for each Assa Deponent deposition shall be as follows: Alavi shall be the first party to examine each witness, for a maximum of three (3) hours. The Government shall follow, for a maximum of three and one-half (3.5) hours. The private judgment creditors shall then have thirty (30) minutes to conduct their examination. 2. Should Assa choose to question any of its witnesses at the end of the seven hours, it shall permit a reasonable opportunity for the other parties to cross-examine any such witness either that day or on one of the other days in Dubai. 3. The private judgment creditor plaintiffs may choose to cede their 30 minute examination time to the Government, should they and the Government consent to do so. 4. The Court notes that it has ordered these depositions to proceed as if they are trial depositions; it has not ruled on the efforts of any party to compel these witnesses to testify live at trial, or the admissibility of the evidence to be taken in these depositions. The Court is especially mindful of issues that could result from the deposition time constraints here imposed should any of the Assa Deponents appear live at trial. The Court reiterates that it is not ruling on the admissibility of evidence at this time. (Signed by Judge Katherine B. Forrest on 7/26/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docket in all member and related cases pursuant to instructions from Chambers. (mro) Modified on 7/29/2013 (mro).
July 25, 2013 Filing 580 LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 7/25/13 re: Counsel states that the Government should not be permitted first to disregard the Court's order to produce a witness list, and then, to call a witness to testify who was not identified on its long-overdue list, at least under the present circumstances in which the relevancy of these issues was so obvious. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
July 25, 2013 Filing 578 LETTER addressed to Judge Katherine B. Forrest from Martin S. Bell dated 7/25/13 re: The Government respectfully submits this letter to reaffirm its request for a teleconference with the Court today concerning outstanding Dubai deposition issues. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
July 25, 2013 Filing 577 LETTER addressed to Judge Katherine B. Forrest from Donald F. Luke dated 7/24/13 re: This letter is submitted on behalf of Assa Corp. and Assa Limited (collectively, the Assa Claimants), in response to the letter submitted to the Court this evening regarding the depositions of certain Assa Claimants witnesses scheduled to occur in Dubai next week. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
July 25, 2013 Filing 576 LETTER addressed to Judge Katherine B. Forrest from Anand Sithian dated 7/24/13 re: The Government respectfully submits this letter to inform the Court of developments regarding the depositions scheduled in Dubai for July 29-31, 2013, and to request a teleconference with the Court on Thursday, July 25, 2013, to address outstanding Dubai deposition issues. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
July 25, 2013 Opinion or Order Filing 575 MEMORANDUM DECISION & ORDER: Before the Court is the Government's renewed motion to compel discovery of privileged materials on the basis of the crime-fraud exception. This is the Government's second chance to make a showing of probable cause that the challenged communications were in furtherance of a crime or fraud. The Government alleges that a fraudulent scheme existed whereby defendant-claimants Alavi Foundation and 650 Fifth Ave. Co. ("Alavi") and Assa Corp. and Assa Co. Ltd. ("Assa") and their counsel would (a) conceal the ownership by Bank Melli, an Iranian government bank, of Assa and (b) conceal the influence of Iranian governmental agencies and officials in the formation and operations of Alavi. For the reasons set forth herein, the Government's motion for discovery on the basis of the crime-fraud exception is DENIED. (Signed by Judge Katherine B. Forrest on 7/25/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro) Modified on 7/25/2013 (mro).
July 24, 2013 Filing 574 SEALED DOCUMENT placed in vault.(nm)
July 23, 2013 Opinion or Order Filing 573 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Anand Sithian dated 7/23/13 re: Counsel for the Government proposes the following revised briefing schedule: Opening briefs by any party: August 13, 2013; Opposition briefs: August 27, 2013; Replies: September 3, 2013. ENDORSEMENT: Ordered: Any summary judgment motions must be fully briefed by August 30, 2013. (Schedule proposed denied). ( Motions due by 8/30/2013.) (Signed by Judge Katherine B. Forrest on 7/23/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro) Modified on 7/23/2013 (mro).
July 23, 2013 Opinion or Order Filing 572 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Curtis C. Mechling dated 7/22/13 re: Counsel represents the Greenbaum, Acosta, Beer, and Kirschenbaum Plaintiffs (collectively, "Plaintiffs") in the above-referenced consolidated and related proceedings before your Honor. Counsel writes to the Court concerning the Alavi Foundation's motion to suppress evidence (Doc. No. 535). Counsel reserves their right to oppose any future or additional motion regarding the use of the Evidence, if and when one is made. ENDORSEMENT: Ordered: Post to docket. (Signed by Judge Katherine B. Forrest on 7/22/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
July 22, 2013 Opinion or Order Filing 571 ORDER: The Court has reviewed the Government's letter motion dated June 28, 2013, seeking a protective order precluding defendants' noticed Rule 30(b)(6) deposition of a representative of the Office of Foreign Assets Control ("OFAC") (ECF No. 534), as well as responses from defendant-claimants Alavi Foundation and 650 Fifth Ave. Corp. dated July 12, 2013 (ECF No. 549) and from defendant-claimants Assa Corp. and Assa Co. Ltd. dated July 11, 2013 (ECF No. 551). It is hereby ORDERED that the Government's motion for a protective order regarding OFAC is DENIED. The Government may make any assertions of privilege at the deposition, as appropriate. The Court notes the presence of an OFAC representative on the Government's proposed witness list (ECF No. 470), as well as references to OFAC throughout this case, as permitting this deposition to proceed. (Signed by Judge Katherine B. Forrest on 7/22/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
July 22, 2013 Opinion or Order Filing 570 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Martin S. Bell dated 7/22/13 re: The Government respectfully submits this letter in response to the Alavi Foundation's and 650 Fifth A venue Company's (collectively, "Claimants") letter motion dated July 18, 2013. In their motion, Claimants request that the Court preclude testimony by the Government's expert Lloyd H. Mayer. Mr. Mayer is an expert in the area of tax law and has been retained to provide very limited testimony regarding the Unrelated Business Income Tax ("UBIT")-specifically, to explain what it is. Counsel asks the Court not to preclude his testimony. ENDORSEMENT: ORDERED: The Court will allow any defendant wishing to reply to the Government's opposition to the letter motion to preclude Mr. Mayer to do so. Any reply must be received not later than C.O.B. 7/25/13. ( Replies due by 7/25/2013.) (Signed by Judge Katherine B. Forrest on 7/22/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Pursuant to instructions from Chambers, this document was docketed in all related and member cases. (mro) Modified on 7/23/2013 (mro).
July 22, 2013 Opinion or Order Filing 569 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 7/18/13 re: Counsel writes on behalf of the Alavi Foundation and 650 Fifth Avenue Company (collectively, "Claimants") seeking an order precluding testimony from Lloyd Hitoshi Mayer, the Government's designated expert witness on tax law. Mr. Mayer was not identified on the Government's May 21, 2013 witness list, and submitted his report the day before the close of discovery and well outside the time frame required by Federal Rule of Civil Procedure 26. Accordingly, his testimony should be precluded. ENDORSEMENT: Ordered: Post to docket. (Signed by Judge Katherine B. Forrest on 7/22/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Pursuant to instructions from Chambers, this document was docketed in all related and member cases. (mro) Modified on 7/23/2013 (mro).
July 22, 2013 Filing 568 DECLARATION of Carolina A. Fornos in Opposition re: #567 Memorandum of Law in Opposition to Motion. Document filed by United States of America. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22)(Fornos, Carolina)
July 22, 2013 Filing 567 MEMORANDUM OF LAW in Opposition re: #535 MOTION to Suppress Evidence.. Document filed by United States of America. (Fornos, Carolina)
July 22, 2013 Filing 566 LETTER addressed to Judge Katherine B. Forrest from Ralph P. Dupont dated 7/17/13 re: Counsel writes on behalf of counsel for the Hegna-Defendants-Claimants in the above captioned action. The Hegnas agree that there is no reason why discovery depositions could not be scheduled for Montreal, Canada, by agreement. In the alternative, by agreement or Court order, the Owners-Claimants could be required to pay all travel, lodging and meal expenses of the Hegnas' counsel in connection with attendance at said depositions, provided, further, that the Government agrees to provide reasonable assurance of the undersigned's personal safety traveling to and from Dubai and while there. Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Pursuant to instructions from Chambers, this document was docketed in all related and member cases. (mro) Modified on 7/22/2013 (mro).
July 22, 2013 Opinion or Order Filing 565 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Anand Sithian dated 7/19/13 re: The Government respectfully submits this letter to respond to the issues raised by Assa Corp. and Assa Limited (collectively, "Assa") in their July 18, 2013, letter to the Court ("July 18 Letter"). Yesterday, Assa raised the issue of "safe passage" letters for Davood Shakeri, Fatemeh Aghamiri, and Mohammad Hassan Deghani Tafti (collectively, the "Assa Witnesses") to sit for depositions at the U.S. Consulate in Dubai. The Government believes the issues are fully briefed for the Court, but expresses a desire for counsel for Assa to make its witnesses available at the U.S. Consulate, in Dubai, on July 29-31, 2013, for noticed depositions. The Government has gone to great lengths to accommodate Assa's numerous requests, and the Government wishes to have these depositions occur as scheduled, so all parties can move forward and prepare for trial. ENDORSEMENT: Ordered: The Assa witnesses shall be deposed at the U.S. Consulate in Dubai on the dates scheduled. Failure to appear may result in sanctions pursuant to Rule 37, including striking of pleadings. The parties shall proceed as if the depositions may be used at trial. Should Assa not appear at trial, the Court will consider what action to take at that time re potential jury instructions, striking of pleadings, etc. (Signed by Judge Katherine B. Forrest on 7/22/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Pursuant to instructions from Chambers, this document was docketed in all related and member cases. (mro) Modified on 7/22/2013 (mro).
July 22, 2013 Opinion or Order Filing 564 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 7/19/13 re: Counsel writes on behalf of the Alavi Foundation (the "Foundation") and the 650 Fifth Avenue Company ("Fifth Avenue Company" and, collectively, "Claimants") to supplement their July 12, 2013 letter in response to the Government's renewed motion requesting a finding that Claimants' otherwise privileged attorney-client communications and attorney work product are subject to discovery because of the crime-fraud exception and, more specifically, to address the Government's annotations to the Foundation's privilege logs. For the reasons described herein and in their July 12, 2013 letter, the Government's request for the Court to apply the crime-fraud exception to deny these protections should be denied. ENDORSEMENT: Ordered: Post to docket. (Signed by Judge Katherine B. Forrest on 7/22/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Pursuant to instructions from Chambers, this document was docketed in all related and member cases. (mro) Modified on 7/22/2013 (mro).
July 22, 2013 Opinion or Order Filing 563 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Donald F. Luke dated 7/18/13 re: This letter is submitted on behalf of Assa Corp. and Assa Limited (collectively "Assa Claimants"), in opposition to the Government's July 15, 2013, letter wherein the Government seeks to compel Davood Shakeri, Fatemeh Aghamiri, and Mohammad Hassan Deghani Tafti (collectively, the "Assa Deponents") to appear for a deposition in the Southern District of New York, and again for the trial in this action. The Government continues to press this faulty assertion, despite this Court's order at the July 10, 2013 conference (the "July 10 Court Conference") that depositions are to be taken in Dubai, and/or by video conference, and that same are to be trial depositions. ENDORSEMENT: Ordered: Post to docket. (Signed by Judge Katherine B. Forrest on 7/22/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Pursuant to instructions from Chambers, this document was docketed in all related and member cases. (mro) Modified on 7/22/2013 (mro).
July 22, 2013 Opinion or Order Filing 562 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 7/18/13 re: Counsel writes on behalf of the Alavi Foundation and 650 Fifth Avenue Company (collectively, "Claimants") in response to the Government's July 15, 2013 letter regarding the upcoming depositions of Assa Corporation and/or Assa Company Ltd. (collectively, "Assa") witnesses in Dubai. The Government seeks an order requiring the Assa witnesses to appear for deposition in the Southern District of New York or, alternatively, an order directing that the Dubai depositions be treated as discovery depositions, not trial depositions. As stated below, Claimants are indifferent as to where the depositions take place; however, it is imperative that the depositions go forward and, if the Assa witnesses are not available for trial, that their depositions be admissible at trial, as provided by Federal Rule of Civil Procedure 32(a)(4). ENDORSEMENT: Ordered: Post to docket. (Signed by Judge Katherine B. Forrest on 7/22/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Pursuant to instructions from Chambers, this document was docketed in all related and member cases. (mro) Modified on 7/22/2013 (mro).
July 22, 2013 Filing 561 LETTER addressed to Judge Katherine B. Forrest from Anand Sithian dated 7/15/13 re: The Government writes to respectfully request that the Court compel the purported owners and employee of Assa Corp. and Assa Limited (collectively, "Assa") claimant and party to this litigation-to sit for depositions in the Southern District of New York, and to appear for trial on September 9, 2013, and take all steps necessary to appear in this District, including but not limited to obtaining visas to come to the United States. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
July 19, 2013 Opinion or Order Filing 560 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Anand Sithian dated 7/18/13 re: The Government respectfully submits this letter to request permission to reply to the letter submitted earlier today by counsel for Assa Corp. and Assa Limited ("Assa"). Assa raises significant issues of fact to which the Government would like to respond. If the Government's application is granted, a reply will be submitted no later than Monday, July 22, 2013, if not sooner. ENDORSEMENT: Ordered: Application granted. (Signed by Judge Katherine B. Forrest on 7/19/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro) Modified on 7/19/2013 (mro).
July 19, 2013 Opinion or Order Filing 559 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Kathleen A. Roberts dated 7/15/13 re: Counsel is writing pursuant to the Court's April 28, 2010 Order for Appointment of Monitor to request that the Court approve payment of the fees incurred by counsel as Court-appointed Monitor, as set forth in detail in the attached invoices to the Alavi Foundation, totaling $1,232.00, and to 650 Fifth Avenue Company, totaling $20,262.00. As set forth in the attached letter from counsel for the Alavi Foundation and 650 Fifth Avenue Company, these invoices have been reviewed by the Alavi Foundation and 650 Fifth Avenue Company, which have no objection to this request. ENDORSEMENT: Ordered: Application granted. (Signed by Judge Katherine B. Forrest on 7/18/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro) Modified on 7/19/2013 (mro).
July 18, 2013 NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Michael H. Dolinger. Please note that this is a reassignment of the designation only. (pgu)
July 17, 2013 Opinion or Order Filing 558 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Anand Sithian dated 7/17/13 re: The Government respectfully submits this letter to request an extension of the page limits for a memorandum of law that the Government intends to submit in opposition to the motion to suppress filed by the Alavi Foundation and 650 Fifth Avenue Company (collectively, "Alavi"). The Court permitted Alavi to file an oversized brief of 40 pages, and Alavi took full advantage of that extension of the page limits. The Government respectfully requests a 15-page extension to properly address the numerous arguments raised by Alavi. ENDORSEMENT: Ordered: Application granted. (Signed by Judge Katherine B. Forrest on 7/17/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
July 17, 2013 Opinion or Order Filing 557 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 7/16/13 re: Counsel writes on behalf of the Alavi Foundation (the "Foundation") and the 650 Fifth Avenue Company ("Fifth Avenue Company" and, collectively, "Claimants") in response to the Court's Order dated July 16, 2013, inquiring whether defendants have examined the Government's annotations contained in the PDF versions of the privilege logs and whether Claimants intend to respond to those annotations. Unless instructed otherwise by the Court, counsel intends to address the Government's annotations by 5 p.m. on July 19, 2013. ENDORSEMENT: Ordered: 7/19/13 is fine--but Assa has an extension to 7/26/13--and so you may submit any additional materials by 7/26/13 if you choose to do so. (Signed by Judge Katherine B. Forrest on 7/17/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all related and member cases pursuant to instructions from Chambers. (mro) Modified on 7/17/2013 (mro).
July 17, 2013 Filing 556 LETTER addressed to Judge Katherine B. Forrest from Anand Sithian dated 7/15/13 re: The Government respectfully requests that the Court order Assa to produce its owners and employee to sit for depositions in the Southern District of New York, and to appear for trial on September 9, 2013, and if they fail to so appear, the Government respectfully requests that the Court dismiss Assas verified claim and answer, pursuant to Federal Rule 37(b)(2)(A). In the alternative, the Government respectfully requests that the Court order Assas owners and employee to appear for trial and order that any Dubai depositions, should they occur as scheduled, be treated as discovery depositions and not trial depositions. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
July 16, 2013 Opinion or Order Filing 555 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Deborah B. Koplovitz dated 7/16/13 re: Counsel writes on behalf of Assa Corp and Assa Limited in response to the endorsement on the Court's docket, number 554, in which the Court inquired as to whether defendants have examined the Government's annotations contained in the PDF versions of the privilege logs submitted with the Government's crime-fraud exception motion and, if so, whether defendants' responses address those annotations. Counsel requests until 7/26/13 to respond to the annotations. ENDORSEMENT: Ordered: Application granted. (Signed by Judge Katherine B. Forrest on 7/16/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all related and member cases pursuant to instructions from Chambers. (mro) Modified on 7/17/2013 (mro).
July 16, 2013 Opinion or Order Filing 554 ORDER: The Court wishes to inquire as to whether defendants have examined the Government's annotations contained in the PDF versions of the privilege logs submitted with the Government's crime-fraud exception motion and, if so, whether defendants' responses address those annotations. If defendants wish to respond to those annotations and have not yet done so, they shall submit a letter stating the earliest date by which they could respond. (Signed by Judge Katherine B. Forrest on 7/16/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
July 15, 2013 Filing 553 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 7/10/13 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...Filed In Associated Cases: 1:08-cv-10934-KBF et al.(Rodriguez, Somari)
July 15, 2013 Filing 552 TRANSCRIPT of Proceedings re: CONFERENCE held on 7/10/2013 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Alena Lynch, (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 8/8/2013. Redacted Transcript Deadline set for 8/19/2013. Release of Transcript Restriction set for 10/18/2013.Filed In Associated Cases: 1:08-cv-10934-KBF et al.(Rodriguez, Somari)
July 12, 2013 Filing 551 LETTER addressed to Judge Katherine B. Forrest from Peter Livingston dated 7/11/2013 re: We request that Your Honor treat this letter as a letter motion to strike the Government's pleadings pursuant to Federal Rules of Procedure 37, deny the Government's application to quash the Assa Claimants Notice of Deposition directed to OFAC and to direct a representative of OFAC to appear for a deposition. In the event the Court wants a more formal motion, we respectfully request the opportunity to do so. (ama)
July 12, 2013 Filing 550 LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 7/12/12 re: For all of the reasons described above, the Government's objection to Claimants' assertion of privilege and work product protection and its request for the Court to apply the crime-fraud exception to deny these protections should be denied. If, however, the Court were to grant the Government's motion, Claimants respectfully request ten days to determine whether to seek mandamus in order to protect their privileges. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
July 12, 2013 Filing 549 LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 7/12/12 re: For all of the reasons described herein, the Government's motion for a protective order should be denied. Claimants respectfully request that the Court order the Government to produce an OFAC witness for deposition within thirty days. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
July 12, 2013 Filing 548 LETTER addressed to Judge Katherine B. Forrest from Peter Livingston dated 7/11/13 re: Counsel is writing in opposition to the Government's June 27, 2013 letter in which with the Government seeks to prevent the Assa Claimants from invoking their rights to the protections afforded them pursuant to the attorney-client privilege, the attorney work-product privilege and other relevant privileges, on the basis of the "crime-fraud" exception. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
July 11, 2013 Opinion or Order Filing 547 ORDER: As stated on the record at the July 10, 2013, status conference in the above-captioned matter, it is hereby ORDERED: Defendants' motion to compel production of documents withheld by the Government on the bases of law enforcement privilege or national security classification or, in the alternative, to produce a detailed privilege log, is DENIED. The Court finds that the Government has satisfied its burden of showing that the law enforcement privilege applies to the documents in question in this case, as outlined by the Second Circuit in In re The City of New York, 607 F.3d 923 (2d Cir. 2010). Further, the Court has reviewed a sampling of the documents in camera according to the procedures set out in City of New York, and finds that the "public interest in nondisclosure" outweighs "the need of a particular litigant for access to the privileged information," and that defendants have not demonstrated a "compelling need" that would overcome the "strong presumption" against lifting the law enforcement privilege. See id. at 950 (citing In re Sealed Case, 856 F.2d 268, 271-72 (D.C. Cir. 1988). Not later than July 31, 2013, the Government shall submit a letter attesting that the sample provided to the court in connection with its ex parte, in camera review of defendants' law enforcement and classification privilege motion was representative of the production as a whole. If the government cannot make this representation, not later than July 31, 2013 it shall submit an additional set of representative documents for ex parte, in camera review. Not later than July 31, 2013, the Government shall produce all documents required to be produced via the parties' agreed-upon sampling methodology. Not later than August 2, 2013, defendants shall submit a letter detailing which documents they have received as part of this sampling and which have not been provided. The parties shall appear for a status conference on August 7, 2013, at 9:00 a.m. Not later than August 9, 2013, the Government shall produce all remaining electronically stored information subject to production in this matter (i.e., relevant and not privileged or classified). Failure to meet this deadline may result in an adverse jury instruction. Not later than September 9, 2013, the Government shall submit a letter broadly describing the types of documents that were provided to the court in connection with its ex parte, in camera review of defendants' law enforcement and classification privilege motion. ( Status Conference set for 8/7/2013 at 09:00 AM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 7/10/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
July 11, 2013 Filing 546 LETTER addressed to Judge Katherine B. Forrest from Martin S. Bell dated 7/10/13 re: The Government respectfully submits this letter in response to Claimant Alavi Foundation and 650 Fifth Avenue Company (Claimants) sent last night. At about 7:00 p.m. on July 3, 2013, the night before the Independence Day holiday, we received an e-mail containing a letter from Melissa Ginsberg, Esq., counsel for Claimants, raising several discovery issues. That letter is attached as Exhibit A. Yesterday, the undersigned responded to the e-mail, indicating that a response was forthcoming by this morning, at the latest. That communication is attached as Exhibit B. Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Pursuant to Chambers, docketed in all member and related cases. (mro) Modified on 7/11/2013 (mro).
July 10, 2013 Opinion or Order Filing 545 ORDER FOR ADMISSION PRO HAC VICE granting #543 Motion for Jodie E. Buchman to Appear Pro Hac Vice. It is hereby Ordered that Jodie E. Buchman is admitted Pro Hac Vice for all purposes as counsel for the Claimants the Estate of Michael Heiser, et al., and the Estate of Millard D. Campbell, et al. (Signed by Judge Katherine B. Forrest on 7/9/2013) (mro)
July 10, 2013 Minute Entry for proceedings held before Judge Katherine B. Forrest: Status Conference held on 7/10/2013. (jp)
July 10, 2013 Filing 544 LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 7/9/13 re: For the reasons set forth herein, the Court should order that the Government produce outstanding discovery materials promptly, order that the Government produce a privilege log, order that the Government arrange security clearance applications on an expedited basis, allow the 30(b)(6) deposition of a representative of the IRS to proceed, and impose other relief necessary to avoid prejudice to Claimants in this litigation. Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all related and member cases pursuant to instructions from Chambers.(mro) Modified on 7/10/2013 (mro).
July 9, 2013 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #543 MOTION for Jodie E. Buchman to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
July 9, 2013 Pro Hac Vice Fee Paid electronically via Pay.gov: for #543 MOTION for Jodie E. Buchman to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00. Pay.gov receipt number 02088670978, paid on 7/9/2013. (wb)
July 9, 2013 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #543 MOTION for Jodie E. Buchman to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): Filing fee not paid. Pay the filing fee by selecting the Pro Hac Vice Fee Payment event from the Other Documents menu item. (wb)
July 9, 2013 Filing 543 MOTION for Jodie E. Buchman to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Judgment Creditors Estate of Michael Heiser et al. and Estate of Millard D. Campbell. et al.. (Attachments: #1 Text of Proposed Order Proposed Order For Admission Pro Hac Vice)(Buchman, Jodie)
July 8, 2013 Opinion or Order Filing 542 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Michael D. Lockard dated 7/07/2013 re: The Government respectfully submits this letter in order to request a modest extension of time in order to respond to the Alavi Foundation Claimants' ("Claimants") motion to suppress evidence. The Court's Order of July 3, 2013 gave the Government until July 16,2013 to file its opposition. We ask for an additional four business days, until July 22, 2013. ENDORSEMENT: ORDERED: Application Granted. Schedule as to opposition and reply now as set forth above., ( Responses due by 7/22/2013, Replies due by 8/2/2013.) (Signed by Judge Katherine B. Forrest on 7/08/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(ama)
July 3, 2013 Opinion or Order Filing 541 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Martin S. Bell dated 7/2/13 re: Counsel for the Government submits this letter to request clarification regarding the Court's Order issued earlier today. Counsel requests confirmation that the July 2, 2013 Order merely allowed for such depositions to proceed, but did not order those depositions to take place, particularly if the Assa deponents have not taken appropriate steps to respond properly and be deposed in the United States. ENDORSEMENT: ORDERED: The Court's July 2, 2013, Order merely permitted the depositions of the Assa representatives to proceed on July 29-31 should the parties decide to hold such depositions; the Court neither ordered the depositions to take place nor precluded them. The Court notes that it did appear from defendants' letter that an appropriate time and location for such depositions presented some complexities and that Dubai appeared to be a reasonable choice. To the extent the parties have unresolved issues as regards the propriety and location of these depositions, they should raise those issues by formal letter after the meet-and-confer process has not resulted in an agreement. (Signed by Judge Katherine B. Forrest on 7/3/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Pursuant to instructions from Chambers, this document was docketed in all related and member cases. (mro) Modified on 7/3/2013 (mro).
July 3, 2013 Opinion or Order Filing 540 ORDER: IT IS HEREBY ORDERED that the Government shall submit its opposition to the Alavi defendants' motion for suppression of evidence (ECF No. 535) not later than July 16, 2013; any reply is due July 23, 2013. IT IS FURTHER ORDERED that any party filing a brief and supporting factual materials as regards the suppression motion shall concurrently (rather than when the motion is fully briefed) submit two courtesy copies of that party's papers to Chambers. As such, the Alavi defendants shall submit two courtesy copies of their opening brief and supporting materials not later than Monday, July 8, 2013, at 12:00 p.m. Set Deadlines/Hearing as to (535 in 1:08-cv-10934-KBF) MOTION to Suppress Evidence( Responses due by 7/16/2013, Replies due by 7/23/2013.) (Signed by Judge Katherine B. Forrest on 7/3/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
July 2, 2013 Opinion or Order Filing 539 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Donald F. Luke dated 6/27/13 re: Counsel writes to advise the Court and the parties of the need for Assa to exercise the right provided to Assa in the Court's June 5, 2013 Memorandum and Order to schedule depositions following what would otherwise be tomorrow's deadline for the completion of deposition discovery. ENDORSEMENT: Ordered: If depositions as set forth above are required on July 29-31, the Court shall allow them to proceed. The Court received no response from the Government. ( Deposition due by 7/31/2013.) (Signed by Judge Katherine B. Forrest on 6/27/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Pursuant to instructions from Chambers this document was filed in all member and related cases. (mro) Modified on 7/2/2013 (mro).
July 2, 2013 Opinion or Order Filing 538 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Peter I. Livingston dated 7/2/13 re: Counsel requests that the Assa Claimants' time to oppose the Government's most recent submission with respect to its request to vitiate the attorney-client and work product privileges based on the Governments assertion of the "crime-fraud exception," and Assa Claimants' time to oppose the Government's motion to quash their clients' notice of deposition on the Office of Foreign Assets Control ("OFAC"), be extended to July 12, 2013 in light of the July 4, 2013 holiday. Counsel also requests 15 additional pages per motion, to respond to the Government's two outstanding motions. ENDORSEMENT: ORDERED: Any defendant wishing to respond to the Government's crime-fraud submission shall submit its response via email not later than July 12, 2013, at 12:00 p.m. The deadline to respond to the motion to quash the OFAC subpoena is also July 12, 2013, at 12:00 p.m. The Court grants an additional fifteen pages (for a total of eighteen) for these responses to both the OFAC and crime-fraud motions. ( Responses due by 7/12/2013) (Signed by Judge Katherine B. Forrest on 7/2/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Pursuant to instructions from Chambers this document was filed in all member and related cases. (mro) Modified on 7/2/2013 (mro).
July 1, 2013 Filing 537 DECLARATION of Daniel S. Ruzumna in Support re: #535 MOTION to Suppress Evidence.. Document filed by 650 Fifth Avenue Company, Alavi Foundation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N)(Ruzumna, Daniel)
July 1, 2013 Filing 536 MEMORANDUM OF LAW in Support re: #535 MOTION to Suppress Evidence.. Document filed by 650 Fifth Avenue Company, Alavi Foundation. (Ruzumna, Daniel)
July 1, 2013 Filing 535 MOTION to Suppress Evidence. Document filed by 650 Fifth Avenue Company, Alavi Foundation.(Ruzumna, Daniel)
June 28, 2013 ***DELETED DOCUMENT. Deleted document number #552 ENDORSED LETTER. The document was incorrectly filed in this case. (ft)
June 28, 2013 Filing 534 LETTER addressed to Judge Katherine B. Forrest from Anand Sithian dated 6/28/13 re: The Government writes to respectfully request a protective order pursuant to Federal Rules of Civil Procedure 26(b)(2)(C) and 26(c) quashing a Rule 30(b)(6) notice of deposition and cross-notice of deposition by claimants the Alavi Foundation, 650 Fifth Avenue Company, Assa Corporation, and Assa Co. Ltd. for testimony from the United States Department of the Treasury, Office of Foreign Assets Control (OFAC). Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all related and member cases pursuant to instructions from Chambers. (mro) Modified on 7/1/2013 (mro).
June 28, 2013 Opinion or Order Filing 533 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Ira S. Sacks dated 6/27/2013 re: The Court's decisions on the Motions are necessary precursors for Claimants to effectively and efficiently move forward in this matter. Without these decisions, Claimants do not know whether to begin the appeals process, prepare for active participation at trial, or prepare for a passive (or non-existent) role at trial. Claimants are the only litigants in this tenuous position. Thus, in the interest of fairness, Claimants respectfully request that the Court adjudicate the Motions before trial. ENDORSEMENT: ORDERED: This large matter presents many complex and interlocking issues. It is the Courts determinations, that all priority issues shall await resolution of the trial on liability.. (Signed by Judge Katherine B. Forrest on 6/28/2013) (ama)
June 28, 2013 Opinion or Order Filing 531 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Benjamin Weathers-Lowin dated 6/27/2013 re: In accordance with the Court's Order of June 24, 2013 (ECF Dkt. No. 526), we write concerning the motion of claimants Sohrab Vahabzadeh, et al., (the "Vahabzadeh Claimants") for a hearing to adjudicate the validity, amount and priority of their claims to the properties at issue in these proceedings (the "Vahabzadeh Motion") (ECF Dkt. No. 368) and the Government's motion to dismiss the Vahabzadeh Claimants' claims (the "Government Motion") (ECF Dkt. No. 383). ENDORSEMENT: Ordered. Post to Docket. (Signed by Judge Katherine B. Forrest on 6/28/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. (ft) Modified on 7/12/2013 (ft).
June 28, 2013 Filing 530 SEALED DOCUMENT placed in vault.(nm)
June 28, 2013 Filing 529 NOTICE OF CHANGE OF ADDRESS by Steven Leigh Kessler on behalf of Craig H Hegna, Edwena R Hegna, Edwina R Hegna, Paul B Hegna, Steven A Hegna, Lynn M Hegna Moore. New Address: Law Offices of Steven L. Kessler, 100 Park Avenue, 34th Floor, New York, NY, United States 10017-5516, 212-661-1500. (Kessler, Steven)
June 27, 2013 Opinion or Order Filing 532 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Michael D. Lockard dated 6/27/2013 re: For the foregoing reasons, we respectfully request an order holding that the crime fraud doctrine applies in this matter and directing the claimants to produce records that might otherwise be privileged. In the alternative, we request an order holding that the crime-fraud exception applies to those communications highlighted by the Government on the attached privilege logs and directing to claimants to produce those records, and any related records to those highlighted entries. ENDORSEMENT: The Court is mindful of the July 4 holidays--but also that the issue raised herein requires rather quick resolution in light of the approaching trial date. Accordingly, the Court requests that any opposition to this letter motion be submitted by July 9, 2013. If, in light of the July 4 holidays, defendants would prefer a few more days, let the Court know. (since you are coming in on 7/10/2013. I have some interest in having this matter briefed on the 9th-- but the Court does not want to have this issue be "the" reason anyone's holiday plans are ruined). (Signed by Judge Katherine B. Forrest on 6/27/2013) (ama)
June 27, 2013 Opinion or Order Filing 528 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 6/26/13 re: Counsel writes on behalf of the Alavi Foundation and 650 Fifth Avenue Company (collectively, "Claimants") to oppose the Government's request to extend the time for it to take depositions beyond June 28, 2013. ENDORSEMENT: Ordered: Post to docket. (Signed by Judge Katherine B. Forrest on 6/26/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
June 26, 2013 Opinion or Order Filing 527 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Michael D. Lockard dated 6/25/13 re: Counsel for the Government writes to respectfully request a limited extension of the Court's discovery deadline from June 28, 2013 to July 9, 2013, for the limited purpose of completing three noticed depositions. According to Mr. Mahallati's counsel, Mr. Mahallati will not be available for a deposition until July 2, 2013 due to his travel schedule. The Government has contacted Daniel S. Ruzumna, counsel for the Alavi Foundation and 650 Fifth Avenue Company, who does not consent to the Government's request for an extension of the Court's discovery deadline. In the event the Court grants the requested extension, the Government proposes to depose Mr. Mahallati on July 3, 2013, or at a time agreeable to Mr. Mahallati and Mr. Ruzumna, and the Government is making every effort to depose Messrs. Firooznia and Geramian by June 28, 2013. ENDORSEMENT: Ordered: Application granted. It sounds like the proverbial "shoulder is to the wheel" and the Government has been trying in good faith. Do try and take Firooznia and Geramian on or before 6/28/13. ( Deposition due by 7/9/2013., Discovery due by 7/9/2013.) (Signed by Judge Katherine B. Forrest on 6/26/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
June 24, 2013 Opinion or Order Filing 526 ORDER: The Court is considering whether to hold the motion of the Djhanbani, Vahabzedeh, Khosrowshahi, and Khoshkish claimants for a determination of the validity and priority of their claims (ECF No. 368), as well as the Government's motion to dismiss those claims (ECF No. 383), in abeyance pending the outcome of the September 2013 trial. It is hereby ORDERED that, not later than 5:00 p.m., Thursday, June 27, 2013, any party wishing to express a position as to whether the Court needs to resolve these motions prior to trial shall submit a letter (by PDF attachment to ForrestNYSDChambers@nysd.uscourts.gov, copying all counsel). The Court notes that it generally does not refer pretrial matters to magistrate judges, so the letter submissions should not suggest such a referral. (Signed by Judge Katherine B. Forrest on 6/24/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
June 21, 2013 Opinion or Order Filing 525 ORDER: Redacted Classified Pending Review. (Signed by Judge Katherine B. Forrest on 6/21/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(js)
June 21, 2013 Opinion or Order Filing 524 ORDER: The Court has reviewed the materials submitted by the Government ex parte and in camera as regards the assertion of classification and various privileges, including the law enforcement privilege. The Court is providing the Government with specific questions about one category of documents and one individual document to obtain further information about the basis for the asserted privileges. Due to the security issues surrounding these documents, the questions mentioned shall be issued via an ex parte order and the responses reviewed in camera. For the purpose of any appeal(s), the Court will post a redacted version of the ex parte order. The Court will further consider the discovery relief requested by defendants after review of the Government's response. (Signed by Judge Katherine B. Forrest on 6/21/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(js)
June 21, 2013 Opinion or Order Filing 523 ENDORSED LETTER: addressed to Judge Katherine B. Forrest from Michael D. Lockard dated 6/20/2013 re: The Government respectfully submits this letter in response to claimant Alavi Foundation's ("Alavi") and 650 Fifth Avenue Company's letter of June 19, 2013, seeking a protective order with respect to the seven depositions of Alavi's new board of directors (the "New Board") who were noticed on June 18, 2013 and requesting that the notices be quashed. Because the Government should be allowed to depose these witnesses, who only came to the Government's attention less than a month ago, we believe that Alavi's application should be denied. However, given the numerous depositions already scheduled on both sides of this litigation between now and the close of discovery on June 28, 2013, the Government requests that it be permitted to depose the New Board between July 1, 2013 and July 16, 2013. This additional time would also allow the parties the opportunity to meet and confer with Alavi's counsel to determine whether the number of New Board depositions can be minimized ENDORSEMENT: The Court grants defendants' motions for a protective order regarding the new Board members. While the Government outlines potential relevance, the burden is on the parties this already very large case does not make pursuit of this evidence necessary. The Government can either prove its case on the voluminous materials already produced and depositions taken on schedule or not. So Ordered. (Signed by Judge Katherine B. Forrest on 6/21/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(js) Modified on 6/21/2013 (js).
June 21, 2013 Opinion or Order Filing 522 ENDORSED LETTER: addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 6/20/2013 re: Accordingly, Claimants respectfully submit that Mr. Mirakhor's discovery deposition go forward as planned, but to the extent that the Government seeks to use any direct examination at trial, Claimants be permitted to cross-examine him on a date other than the current date of his discovery deposition. ENDORSEMENT: A single deposition of Mr. Mirakhor's depositions shall be taken. It shall be a trial deposition in the event he remains unavailable. There is no compelling reason to take his depositions twice, single trial depositions are done all the time. So Ordered. (Signed by Judge Katherine B. Forrest on 6/21/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(js)
June 21, 2013 Filing 521 LETTER addressed to Judge Katherine B. Forrest from Michael D. Lockard dated 6/20/2013 re: The Government writes for the foregoing reasons we ask that the Court find that Mirakhor is unavailable for trial and allow the use of deposition testimony at trial pursuant to Rule 804 of the Federal Rules of Civil Procedure. Document filed by Fiona Havlish.(js)
June 20, 2013 Opinion or Order Filing 520 ENDORSED LETTER: addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 6/19/2013 re: Because the Government's notices call for the first deposition to be taken this Saturday, we respectfully request a ruling on the Foundation's motion for a protective order before Saturday. We apologize for any inconvenience this causes the Court, but the notices were just served yesterday. ENDORSEMENT: The Government should respond by 5 p.m. 6/20/2013 if it chooses to oppose. So Ordered. (Signed by Judge Katherine B. Forrest on 6/20/2013) (js)
June 19, 2013 Filing 519 ANSWER to #501 Intervenor Complaint. Document filed by 650 Fifth Avenue Company, Alavi Foundation.(Ruzumna, Daniel)
June 18, 2013 Filing 594 INTERNET CITATION NOTE: Material from decision with Internet citation re: #512 Memorandum & Opinion. (Attachments: #1 Internet Citation, #2 Internet Citation, #3 Internet Citation) (sj)
June 18, 2013 Filing 518 ANSWER to #501 Intervenor Complaint with JURY DEMAND. Document filed by ASSA Company Ltd., ASSA Corporation.(Livingston, Peter)
June 18, 2013 Opinion or Order Filing 517 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 6/17/13 re: Counsel respectfully submits this letter on behalf of the Alavi Foundation to request an extension (15 pages) of the page limit for a memorandum of law that the Foundation intends to submit in support of a motion to suppress evidence that the Government seized from the Foundation's offices on December 19, 2008. The Government consents to this request. ENDORSEMENT: Ordered: Application granted. (Signed by Judge Katherine B. Forrest on 6/18/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
June 17, 2013 Opinion or Order Filing 516 ORDER: IT IS HEREBY ORDERED: The parties shall appear for a status conference on Wednesday, July 10, 2013, at 12:30 p.m. The joint pretrial order and accompanying materials required in the Rule 3 of the Court's Individual Practices in Civil Cases are due August 26, 2013, at 5:00 p.m. The courtesy copies of these materials should be delivered directly to chambers; upon arrival at the courthouse, couriers should advise the Court Security Officers to call Chambers to arrange for pickup. The parties shall appear for a final pretrial conference on Wednesday, September 4, 2013, at 9:00 a.m. As previously ordered, trial in this matter shall commence Monday, September 9, 2013, at 9:00 a.m. ( Pretrial Order due by 8/26/2013.), ( Final Pretrial Conference set for 9/4/2013 at 09:00 AM before Judge Katherine B. Forrest., Jury Trial set for 9/9/2013 at 09:00 AM before Judge Katherine B. Forrest., Status Conference set for 7/10/2013 at 12:30 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 6/17/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
June 17, 2013 Filing 515 LETTER addressed to Judge Katherine B. Forrest from Anand Sithian dated 6/14/13 re: The Government respectfully writes in response to the June 10, 2013 letter (June 10, 2013 Letter) to the Court from claimants Alavi Foundation and 650 Fifth Avenue Company (collectively, Claimants). For the reasons herein, the Court should deny the relief sought by the Claimants. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro) Modified on 6/17/2013 (mro).
June 17, 2013 Filing 514 LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 6/10/13 re: Counsel submits this letter on behalf of the Alavi Foundation and the 650 Fifth Avenue Company (collectively, "Claimants") in response to the Government's May 29, 2013 letter submitting the Declaration of George Venizelos, which in essentially a single substantive paragraph purports to justify the invocation of law enforcement privilege as to tens of thousands of pages of discovery. For the reasons provided here and in our previous letters, the Court should rule that the Government's privilege claims are waived or direct the Government to produce a valid privilege log within fourteen days. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro) Modified on 6/17/2013 (mro).
June 10, 2013 Opinion or Order Filing 513 STIPULATED CONFIDENTIALITY ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Katherine B. Forrest on 6/10/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
June 6, 2013 Opinion or Order Filing 512 OPINION & ORDER re: #103281 (373 in 1:08-cv-10934-KBF, 108 in 1:09-cv-00166-KBF, 107 in 1:09-cv-00165-KBF) MOTION for Partial Summary Judgment Against the Assa Defendants filed by Abraham Mandelson, Stuart E. Hersh, Elena Rozenman, Abraham Mendelson, Deborah Rubin, Renay Fryn, Tzvi Rosenman, Elana Rozenman, Tzvi Rozenman, Noam Rozenman, Daniel Miller, Jenny Rubin, Noan Rozenman, Renay Frym. For the reasons set forth above, the Rubin, Beer, Kirschenbaum, Greenbaum, and Acosta plaintiffs' motion for partial summary judgment is GRANTED. Specifically, the Court finds that the Assa Defendants' assets are "blocked assets" as defined in 201 of TRIA and that the Assa Defendants' assets constitute "blocked assets" of Bank Melli, an instrumentality of Iran. As such, the Assa Defendants' interests in the 650 Properties are subject to execution by judgment creditors in possession of valid terrorism-based judgments against Iran. However, the Court does not make any factual findings as to the validity or priority of the various judgment creditors' private judgments. Nor does it make any findings of fact as regards the Assa Defendants for the purposes of the Government's civil forfeiture action; the Court takes no position as to how, if at all, the Government's standard of proof as regards the Assa Defendants differs from that of the private plaintiffs. The Clerk of Court is directed to close the motions at ECF No. 373 in 08 Civ. 10934, ECF No. 107 in 09 Civ. 165, and ECF No. 108 in 09 Civ. 166. (Signed by Judge Katherine B. Forrest on 6/6/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro) Modified on 6/7/2013 (mro). Modified on 6/12/2013 (jab).
June 5, 2013 Set/Reset Hearings: Jury Trial set for 9/9/2013 at 09:00 AM before Judge Katherine B. Forrest. Associated Cases: 1:08-cv-10934-KBF et al.(mro)
June 5, 2013 Opinion or Order Filing 511 MEMORANDUM & ORDER: Before the Court is defendants' motion pursuant to Federal Rule of Civil Procedure 37(b)(2) for an order precluding the Government from calling any witnesses at trial. Defendants' motion is based on the Government's failure to abide by a clear court order requiring it to provide its witness list by April 1; the Government did not provide a list until mid-May, following a subsequent court order. There is no doubt that the order sought would effectively mean that the Government would not be able to make out a prima facie case in its pending civil forfeiture action against defendants. There is no doubt that the Government failed to meet the Court's very clear order requiring disclosure of its witness list on April 1, 2013. This failure was compounded when defendants submitted not one, but two letters in connection with other discovery issues in which they complained of the Government's failure to provide its list. The purpose of the list was and is to assist the defendants in focusing their deposition program-and was deemed necessary in light of the history and nature of discovery in this particular matter. However, the Government's mistake was so complete-a total failure to comply with the written February 1 order-that to order preclusion would effectively result in dismissal of the Government's case. That sanction is too harsh. That is particularly true in light of the fact that, given that much of the discovery here is uniquely in the possession of the Government, to preclude the Government from offering witnesses at trial would work a substantial hardship on those private plaintiffs who did not miss a court imposed deadline. The Court's analysis of the various factors regarding whether a preclusion order should issue also dictate against such a result. As an initial matter, the Government's explanation that they misunderstood the Court's order is not persuasive; rather, they simply did not pay attention to the written order of February 1 and had poor notes of the conference. There is no evidence of bad faith just a really big "miss". The importance to the Government of having testimony from some witnesses is clear: without witnesses, the Government cannot make out a case. The Court also finds that defendants are able to meet the testimony. The identity of the witnesses has largely been evident through the production of the key documents underlying the Government's verified amended complaint. As to additional names, defendants still have time to take appropriate depositions of those individuals. There is also a pending request for a short adjournment of the trial. Based on the witness list issue, as well as certain religious holidays in September, the Court now adjourns the trial to September 9, 2013. In addition, the Court will allow the defendants, at their option, to schedule up to 8 depositions following what would otherwise be the close of deposition discovery (scheduled to close on June 28, 2013). The Clerk of Court is directed to set trial in this matter to begin September 9, 2013, at 9:00 a.m. (Signed by Judge Katherine B. Forrest on 6/5/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro) Modified on 6/6/2013 (mro).
June 4, 2013 Opinion or Order Filing 510 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Curtis C. Mechling dated 6/3/13 re: Counsel submits this letter jointly on behalf of the GABK Plaintiffs and the Rubin Plaintiffs (together, the "Moving Plaintiffs") in response to the letter dated May 30, 2013, to the Court from counsel for the Hegna Plaintiffs (the "Hegna Letter") (Dkt. No. 509) with respect to the Moving Defendants' pending Motion for Partial Summary Judgment Against the Assa Defendants (the "Motion") (Dkt. No. 394). ENDORSEMENT: Ordered: Post on docket. (Signed by Judge Katherine B. Forrest on 6/4/2013 (as per Chambers)) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
May 31, 2013 Filing 509 Letter addressed to Judge Katherine B. Forrest from Ralph P. Dupont dated 5/30/13 re: The Hegnas request until June 10 to respond to the Plaintiffs-Creditors motions for partial summary judgment if all their requests for relief are denied because the Motions do not sufficiently apprise the Hegnas of the scope of the partial summary judgments. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
May 31, 2013 Opinion or Order Filing 508 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Peter I. Livingston dated 5/30/13 re: Counsel submits this letter in further support of the Assa Claimants' 5/14/13 application for sanctions pursuant to Rule 37(b) of the Federal Rules of Civil Procedure and in opposition to the Government's various requests of this Court concerning its document production. ENDORSEMENT: Ordered: Post on docket. (Signed by Judge Katherine B. Forrest on 5/30/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
May 31, 2013 Opinion or Order Filing 507 MEMO ENDORSEMENT granting (504) Motion to Withdraw as Attorney in case 1:08-cv-10934-KBF; granting (164) Motion to Withdraw as Attorney in case 1:09-cv-00165-KBF; granting (162) Motion to Withdraw as Attorney in case 1:09-cv-00166-KBF; granting (181) Motion to Withdraw as Attorney in case 1:09-cv-00553-KBF; granting (166) Motion to Withdraw as Attorney in case 1:09-cv-00564-KBF; granting (115) Motion to Withdraw as Attorney in case 1:09-cv-04614-KBF; granting (112) Motion to Withdraw as Attorney in case 1:09-cv-04784-KBF; granting (142) Motion to Withdraw as Attorney in case 1:10-cv-02464-KBF. PLEASE TAKE NOTICE THAT pursuant to Local Rule 1.4 of the Local Rules of the United States District Courts for the Southern and Eastern Districts of New York, Ian M. Dumain, formerly associated with the law firm of Patterson Belknap Webb & Tyler LLP, hereby moves for leave to withdraw his appearance in the above-captioned action, as he is no longer associated with the firm. Patterson Belknap Webb & Tyler LLP will remain counsel to claimants Alavi Foundation and 650 Fifth Avenue Company. ENDORSEMENT: So ordered. (Signed by Judge Katherine B. Forrest on 5/30/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro) Modified on 5/31/2013 (mro).
May 31, 2013 Opinion or Order Filing 506 ENDORSED LETTER addressed to Judge Katherine B. Forrest from James P. McCoy dated 5/25/13 re: Counsel writes with respect to the letter motions for preclusion of evidence filed by the Assa Defendants and the Alavi Foundation and 650 Fifth Avenue Defendants, the Havlish Judgment Creditors join in and adopt the oppositions filed by the Heiser Judgment Creditors and the Government, submitted on May 24, 2013, and May 25, 2013, respectively. ENDORSEMENT: Ordered: Post on docket. (Signed by Judge Katherine B. Forrest on 5/30/2013) (mro)
May 30, 2013 Filing 505 SEALED DOCUMENT placed in vault.(mps)
May 29, 2013 Filing 504 MOTION for Ian M. Dumain to Withdraw as Attorney. Document filed by Alavi Foundation, 650 Fifth Avenue Company.Filed In Associated Cases: 1:08-cv-10934-KBF et al.(Dumain, Ian)
May 29, 2013 Filing 503 NOTICE OF CHANGE OF ADDRESS by Mark Nathan Antar on behalf of Deborah D Peterson, Personal Representative. New Address: Salon Marrow Dyckman Newman & Broudy LLP, 292 Madison Avenue, New York, New York, US 10017, (212) 661-7100. (Antar, Mark)
May 29, 2013 Opinion or Order Filing 502 ORDER FOR ADMISSION PRO HAC VICE granting #499 Motion for Lauren C. Genvert to Appear Pro Hac Vice. It is hereby Ordered that Lauren C. Genvert is admitted Pro Hac Vice for all purposes as counsel for the Claimants the Estate of Michael Heiser, et al., and the Estate of Millard D. Campbell, et al. (Signed by Judge Katherine B. Forrest on 5/29/2013) (mro)
May 29, 2013 Opinion or Order Filing 500 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Ralph P. Dupont dated 5/28/13 re: The Hegnas respectfully suggest that it would be unfair to them and all Plaintiffs-Creditors, who have been ordered to engage in consolidated discovery, to bar them enforcing their judgment liens against the Defendant-Properties because of a technical error in the course of discovery over which they have had virtually no control to the present. ENDORSEMENT: Ordered: Post on docket. (Signed by Judge Katherine B. Forrest on 5/28/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
May 29, 2013 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #499 MOTION for Lauren C. Genvert to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8550307. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bwa)
May 28, 2013 Filing 499 MOTION for Lauren C. Genvert to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8550307. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Judgment Creditors Estate of Michael Heiser et al. and Estate of Millard D. Campbell. et al.. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order)(Genvert, Lauren)
May 28, 2013 Filing 498 Letter addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 5/28/2013 re: We respectfully submit this letter on behalf of the Alavi Foundation and the 650 Fifth Avenue Company (collectively, Claimants) in response to the Governments May 25, 2013 letter and the private plaintiffs multiple letters purporting to explain why the Government and many of the private plaintiffs failed to identify witnesses by April 1, 2013, as the Court ordered, and instead did so only in response to the Courts follow up order of May 10, 2013. The Governments proffered reason for not disclosing its witness list is incredible and its claim that no prejudice has resulted from its failure is simply wrong. The private plaintiffs purported reason for failing to identify their witnesses that the Courts Order did not apply to them ignores reality. For the reasons previously provided and those set forth below, the Government and those private plaintiffs who did not identify witnesses by April 1, 2013 should be precluded from calling witnesses at trial. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(ama) (Main Document 498 replaced on 5/29/2013) (jp).
May 28, 2013 Filing 497 Letter addressed to Judge Katherine B. Forrest from Ralph P. Dupont, Esq. dated 5/24/2013 re: We write as counsel for the Hegna judgment lienors in the Show Cause special proceeding and as counsel for the Hegna Defendants-Claimants in the forfeiture action. We respectfully request that the Court deny the Assa Defendants-Claimants' letter motion for preclusion of witnesses and documents, for the reasons set forth in the letter responses of even date herewith by the Greenbaum, Acosta, Beer and Kirschenbaum and Heiser judgment creditors. The Hegnas respectfully submit that neither they nor the other private parties have prejudiced the Alavi or Assa Claimants in any way, nor have they intentionally disobeyed any order of this Court. ENDORSEMENT: ORDERED. Post on Docket. (ama)
May 28, 2013 Filing 496 DECLARATION of Aitan D. Goelman in Support re: (373 in 1:08-cv-10934-KBF, 108 in 1:09-cv-00166-KBF, 107 in 1:09-cv-00165-KBF) MOTION for Partial Summary Judgment Against the Assa Defendants.. Document filed by Carlos Acosta, Maria Acosta, Tova Ettinger, Irving Franklin, Renay Fryn, Steven M. Greenbaum, Ethel J. Griffin, Alan D. Hayman, Shirlee Hayman, Stuart E. Hersh, Baruch Kahane, Libby Kahane, Norman Kahane, Ciporah Kaplan, Abraham Mendelson, Daniel Miller, Elana Rozenman, Noan Rozenman, Tzvi Rozenman, Deborah Rubin, Jenny Rubin, Renay Frym, Tzvi Rosenman, Elena Rozenman, Noam Rozenman, Steven M. Greenbaum, Steven M. Greenbaum, Irving Franklin, Ethel J. Griffin, Libby Kahane, Norman Kahane, Abraham Mandelson. (Attachments: #1 Exhibit A)Filed In Associated Cases: 1:08-cv-10934-KBF et al.(Goelman, Aitan)
May 28, 2013 Filing 495 JOINT REPLY MEMORANDUM OF LAW in Support re: (373 in 1:08-cv-10934-KBF, 108 in 1:09-cv-00166-KBF, 107 in 1:09-cv-00165-KBF) MOTION for Partial Summary Judgment Against the Assa Defendants.. Document filed by Carlos Acosta, Maria Acosta, Tova Ettinger, Irving Franklin, Renay Fryn, Steven M. Greenbaum, Ethel J. Griffin, Alan D. Hayman, Shirlee Hayman, Stuart E. Hersh, Baruch Kahane, Libby Kahane, Norman Kahane, Ciporah Kaplan, Abraham Mendelson, Daniel Miller, Elana Rozenman, Noan Rozenman, Tzvi Rozenman, Deborah Rubin, Jenny Rubin, Renay Frym, Tzvi Rosenman, Elena Rozenman, Noam Rozenman, Steven M. Greenbaum, Steven M. Greenbaum, Steven M. Greenbaum, Irving Franklin, Ethel J. Griffin, Libby Kahane, Norman Kahane, Abraham Mandelson. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(Goelman, Aitan)
May 28, 2013 Filing 494 Letter addressed to Judge Katherine B. Forrest from Thomas E. Mellon, III and James P. McCoy dated 5/25/2013 re: With respect to the letter motions for preclusion of evidence filed by the Assa Defendants and the Alavi Foundation and 650 Fifth Avenue Defendants, the Havlish Judgment Creditors join in and adopt the oppositions filed by the Heiser Judgment Creditors and the Government, submitted on May 24,2013, and May 25, 2013, respectively. ENDORSEMENT: ORDERED. Post on docket. (ama)
May 28, 2013 Filing 493 Letter addressed to Judge Katherine B. Forrest from Aitan D. Goelman dated 5/24/2013 re: We represent the Rubin Plaintiffs in the above-referenced actions. We write in opposition to the Assa Defendants' motion for preclusion pursuant to Fed. R. Civ. P. 37(b)(2). For the reasons stated in the May 24, 2013 letter of the Heiser Plaintiffs, the Assa Defendants' motion for preclusion should be denied. ENDORSEMENT: ORDERED. Post on docket.(ama)
May 28, 2013 Filing 492 Letter addressed to Judge Katherine B. Forrest from Noel J. Nudelman dated 5/24/2013 re: We represent the Bland, Brown, the Estate of James Silvia and the Estate of Yael Botvin Plaintiffs in the above-referenced actions. We write in opposition to the Assa Defendants' motion for preclusion pursuant to Fed. R. Civ. P. 37(b)(2). ENDORSEMENT: ORDERED. Post on Docket. (ama)
May 28, 2013 Filing 491 Letter addressed to Judge Katherine B. Forrest from Liviu Vogel dated 5/24/2013 re: This firm represents the Peterson Plaintiffs. We respectfully submit this letter in opposition to Assa Corp, and Assa Limited's (the "Assa Defendants") motion for preclusion dated May 14,2013. For the reasons set forth in the May 24,2013 letters from the Greenbaum, Acosta, Beer, and Kirschenbaum Plaintiffs and the Heiser Plaintiffs, the Assa Defendants' motion for preclusion should be denied. ENDORSEMENT: ORDERED. Post on docket. (ama)
May 28, 2013 Filing 490 Letter addressed to Judge Katherine B. Forrest from Keith M. Fleischman dated 5/24/2013 re: We represent the Valore Plaintiffs in the above referenced action. We write in opposition the Assa Defendants' motion for preclusion pursuant to Fed. R. Civ. P. 37(b)(2). For the reasons stated in the May 24, 2013 letter of the Heiser Plaintiffs, the Assa Defendants' motion for preclusion should be denied. ENDORSEMENT: ORDERED: Post on Docket. (ama)
May 28, 2013 Filing 489 Letter addressed to Judge Katherine B. Forrest from Zohreh Mizrahi dated 5/24/2013 re: We Represent the Bayani Judgment Creditors in the above referenced action. This letter is in opposition to the Assa Defendants' motion for preclusion to Fed. R. Civ. P. 37(b)(2). The Assa Defendants' motion for preclusion should be denied for the reasons discussed by the Heiser Plaintiffs, in their letter dated May 24, 2013. ENDORSEMENT: ORDERED: Post on docket. (ama)
May 28, 2013 Filing 488 Letter addressed to Judge Katherine B. Forrest from Dale K. Cathell dated 5/24/2013 re: This office is counsel to the Estate of Heiser et al. (the "Heisers") in connection with the above referenced matters. We write in response to the letter submitted by Assa Corp. and Assa Limited (collectively, the "Assa Defendants") on May 14, 2013 (the "Assa Letter") which the Court is treating as a letter motion for preclusion pursuant to Fed.R.Civ.P 37(b)(2). ENDORSEMENT: ORDERED. Post on Docket.(ama)
May 28, 2013 Opinion or Order Filing 486 ORDER FOR ADMISSION PRO HAC VICE granting #482 Motion for Richard M. Kremen to Appear Pro Hac Vice. It is hereby Ordered that Richard M. Kremen is admitted Pro Hac Vice for all purposes as counsel for the Claimants the Estate of Michael Heiser, et al., and the Estate of Millard D. Campbell, et al. (Signed by Judge Katherine B. Forrest on 5/28/2013) (mro)
May 28, 2013 Filing 485 Letter addressed to Judge Katherine B. Forrest from James L. Bernard dated 5/24/2013 re: This firm represents the Greenbaum, Acosta, Beer, and Kirschenbaum Plaintiffs and Judgment Creditors (collectively, the "GABK Plaintiffs") and we write in opposition to Assa Corp. and Assa Limited's (the "Assa Defendants") motion for preclusion. ENDORSEMENT: ORDERED. Post on docket.(ama)
May 24, 2013 Opinion or Order Filing 484 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Michael D. Lockard dated 5/23/13 re: Counsel writes to request a brief extension of the 5/27/13 deadline for the Government's law enforcement privilege submission, as set forth in the Court's order dated 5/6/13, until 5/28/13. ENDORSEMENT: ORDERED: In light of the Memorial Day holiday, the deadline for the Government's law enforcement privilege submission is hereby extended to Wednesday, May 29, 2013, at 5:00 p.m. SO ORDERED. (Signed by Judge Katherine B. Forrest on 5/24/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
May 24, 2013 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #482 MOTION for Richard M. Kremen to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8541885. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bwa)
May 23, 2013 Filing 501 INTERVENOR COMPLAINT against 650 Fifth Avenue Company, Assa Corp., ASSA Company Ltd., Alavi Foundation of New York.Document filed by Fiona Havlish. (Attachments: #1 Exhibit Exhibits)(ft)
May 23, 2013 Filing 483 NOTICE OF APPEARANCE by Sean Henderson Murray on behalf of 650 Fifth Avenue Company, Alavi Foundation Filed In Associated Cases: 1:08-cv-10934-KBF et al.(Murray, Sean)
May 23, 2013 Filing 482 MOTION for Richard M. Kremen to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8541885. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Judgment Creditors Estate of Michael Heiser et al. and Estate of Millard D. Campbell. et al.. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order)(Kremen, Richard)
May 23, 2013 Filing 481 NOTICE OF APPEARANCE by Carolina A. Fornos on behalf of United States of America (Fornos, Carolina)
May 23, 2013 Filing 480 NOTICE OF APPEARANCE by Anand Sithian on behalf of United States of America (Sithian, Anand)
May 23, 2013 Opinion or Order Filing 479 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Liviu Vogel dated 5/23/13 re: With respect to the Court's Order of May 21, 2012, the Peterson Plaintiffs have no objection to the request of the Assa Claimants to adjourn trial in this matter until September 9, 2013. ENDORSEMENT: Ordered: Post on docket. (Signed by Judge Katherine B. Forrest on 5/23/2013) (mro)
May 23, 2013 Filing 478 MEMORANDUM OF LAW in Support re: #373 MOTION for Partial Summary Judgment Against the Assa Defendants.. Document filed by Deborah D Peterson, Personal Representative. (Antar, Mark)
May 23, 2013 Opinion or Order Filing 477 ORDER: The Court has reviewed the correspondence submitted by claimant Anjuman-e-Haideri ("AEH") and the response by the Government, requesting guidance as to whether AEH must participate in the trial currently scheduled to begin August 28, 2013. AEH's sole role in this litigation is as a tenant-claimant to a property on South Voss Road in Houston, TX, which is owned by the Alavi defendants. The Government seeks forfeiture of that property in this action. AEH does not contest the forfeitability of the South Voss Road Property and has represented that its claim is only ripe for resolution should the property be determined to be subject to forfeiture. As such, AEH shall not participate in the trial and need not submit a witness list or other pretrial materials. The Court will hold further proceedings related to the AEH claim, should the trial determine that the South Voss Road Property is subject to forfeiture. (Signed by Judge Katherine B. Forrest on 5/23/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
May 23, 2013 Opinion or Order Filing 476 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Michael D. Lockard dated 5/22/13 re: Counsel for the Government states that there appears to be no need for AEH to participate in the trial. ENDORSEMENT: Ordered: Post on docket. (Signed by Judge Katherine B. Forrest on 5/23/2013) (mro)
May 23, 2013 Filing 475 Letter addressed to Judge Katherine B. Forrest from James p. McCoy dated 5/22/13 re: With respect to the Court's Order of May 21, 2013, the Havlish Plaintiffs have no objection to the request of the Assa Claimants to adjourn trial in this matter until September 9, 2013. (mro)
May 23, 2013 Filing 474 Letter addressed to Judge Katherine B. Forrest from Benjamin Weathers-Lowin dated 5/22/13 re: In accordance with Your Honor's May 21, 2013, Order (Dkt. No. 467), we write to inform the Court that we agree with, and hence do not object to, the March 28, 2013, letter request of defendants Assa Corp. and Assa Co. Ltd. to briefly adjourn the trial commencement date in these consolidated proceedings from August 28, 2013, to September 9, 2013 (Dkt. No. 469). (mro)
May 23, 2013 Filing 473 Letter addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 5/22/13 re: Counsel respectfully submits this letter on behalf of the Alavi Foundation and the 650 Fifth Avenue Company in accordance with Your Honor's May 21, 2013 Order. We agree with Assa that a short adjournment to accommodate the Labor Day holiday and Rosh Hashanah is appropriate, and do not object to Assa's request to adjourn the commencement of the trial date from August 28, 2013, to Monday, September 9, 2013. (mro)
May 23, 2013 Filing 472 Letter addressed to Judge Katherine B. Forrest from Aitan D. Goelman dated 5/22/13 re: In accordance with Your Honor's May 21,2013 Order (Docket No. 467), the Rubin Plaintiffs agree with and do not object to the Assa Defendants' request to briefly adjourn the trial date from August 28 ,2013 to September 9, 2013. (mro) Modified on 5/23/2013 (mro).
May 23, 2013 Filing 471 Letter addressed to Judge Katherine B. Forrest from Martin S. Bell dated 5/22/13 re: Pursuant to Your Honor's May 21, 2013 Order, the Government respectfully submits this letter responding to Claimant Assa's request to adjourn the commencement of the trial date from August 28, 2013 to Monday, September 9, 2013. The Government does not oppose this request. In light of the timing of Labor Day and Rosh Hashanah this year, the brief adjournment proposed seems reasonable and in the best interest of all parties. (mro)
May 22, 2013 Opinion or Order Filing 470 ENDORSED LETTER addressed to Counsel of Record from Michael D. Lockard dated 5/21/13 re: Counsel writes to notify the parties of the individuals that are the most likely trial witnesses from their list of potential witnesses. ENDORSEMENT: Ordered: Post on docket. (Signed by Judge Katherine B. Forrest on 5/22/2013) (mro) Modified on 5/23/2013 (mro).
May 21, 2013 Filing 469 Letter addressed to Judge Katherine B. Forrest from Peter I. Livingston dated 3/28/2013 re: Counsel for Assa Corp and Assa Limited write with respect to the recent Order entered on the Court's Docket at No. 370. Counsel requests that the trial date be moved to 9/9/2013. Document filed by ASSA Company Limited, ASSA Corporation.Filed In Associated Cases: 1:08-cv-10934-KBF, 1:09-cv-00165-KBF, 1:09-cv-00166-KBF(tro)
May 21, 2013 Filing 468 Letter addressed to Judge Katherine B. Forrest from James L. Bernard dated 5/20/2013 re: The Greenbaum, Acosta, Beer and Kirschenbaum Judgment Creditors write to request an extension of time to submit the Joint Pretrial Order and Supplemental Materials, currently due 5/27/2013. (tro)
May 21, 2013 Opinion or Order Filing 467 ORDER: The date for submission of the joint pretrial order and accompanying materials is adjourned to 14 days prior to the trial date. Not later than 5:00 p.m. Wednesday, May 22, 2013, any party wishing to respond to the Assa request to adjourn the commencement of the trial date from August 28, 2013, to Monday, September 9, 2013 shall submit a letter (via PDF attachment to ForrestNYSDChambers@nysd.uscourts.gov, copying all counsel). (Signed by Judge Katherine B. Forrest on 5/21/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(tro)
May 17, 2013 Opinion or Order Filing 466 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Thomas E. Mellon, III dated 5/14/13 re: Counsel writes with regard to the Order of the Court dated May 10, 2013, the Havlish Plaintiffs hereby reserve the right to call as a witness any person designated on the witness list of the United States that was distributed to all parties and submitted to the Court on May 14, 2013. The Havlish Plaintiffs also reserve the right to call any witness designated by any other party in this consolidated action. ENDORSEMENT: Ordered: Post on docket. (Signed by Judge Katherine B. Forrest on 5/17/2013) (mro)
May 17, 2013 Opinion or Order Filing 465 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Aitan D. Goelman dated 5/17/13 re: Counsel writes to request an extension of time to file their reply to the Opposition filed by the Assa Defendants, currently due on Monday, May 20, until Tuesday, May 28, 2013. Counsel also requests an enlargement of the page-limit for the joint reply brief from 10 pages to 17 pages. ENDORSEMENT: Ordered: Extension to 5/28/13 granted; page limit extension granted (to 17 pgs). (Signed by Judge Katherine B. Forrest on 5/16/2013) (mro)
May 16, 2013 Opinion or Order Filing 464 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Ralph P. Dupont dated 5/15/13 re: Counsel submits a List of Witnesses (attached). ENDORSEMENT: Ordered: Post on docket. (Signed by Judge Katherine B. Forrest on 5/16/2013) (mro)
May 15, 2013 Filing 463 Letter addressed to Judge Katherine B. Forrest from Thomas E. Mellon, III dated 5/14/13 re: With regard to the Order of the Court dated May 10, 2013, the Havlish Plaintiffs hereby reserve the right to call as a witness any person designated on the witness list of the United States that was distributed to all parties and submitted to the Court on May 14, 2013. The Havlish Plaintiffs also reserve the right to call any witness designated by any other party in this consolidated action. (mro)
May 15, 2013 Filing 462 Letter addressed to Judge Katherine B. Forrest from Aitan D. Goelman dated 5/14/13 re: The Rubin Plaintiffs reserve the right to call at trial any witnesses that have been designated by other parties in these consolidated actions. (mro)
May 15, 2013 Opinion or Order Filing 461 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Dale K. Cathell dated 5/14/13 re: Counsel for the Estate of the Heiser et al, proposes to call the individuals herein as witnesses or to introduce into evidence their deposition testimony at trial. ENDORSEMENT: Ordered: Post on docket. (Signed by Judge Katherine B. Forrest on 5/15/2013) (mro)
May 15, 2013 Opinion or Order Filing 460 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 5/14/13 re: Counsel states that the Government has not shown good cause or extremely good cause for its failure to disclose its witnesses by April 1, 2013. The Court should enforce its February 1, 2013 Orders and preclude the Government from calling witnesses at trial. ENDORSEMENT: Ordered: Post on docket. (Signed by Judge Katherine B. Forrest on 5/15/2013) (mro)
May 15, 2013 Opinion or Order Filing 459 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Noel J. Nudelman dated 5/14/13 re: Counsel for the Bland, Brown, the Estate of James Silvia and the Estate of Yael Botvin Plaintiffs reserve the right to call at trial any witnesses that have been designated by other parties in this consolidated action. ENDORSEMENT: Ordered: Post on docket. (Signed by Judge Katherine B. Forrest on 5/15/2013) (mro)
May 15, 2013 Opinion or Order Filing 458 ENDORSED LETTER addressed to Judge Katherine B. Forrest from DineshSinghal dated 5/14/13 re: Counsel for AEH seeks clarification of its role and involvement in the upcoming trial between the United States, Judgment Creditors and defendant Party Claimants. ENDORSEMENT: Ordered: Any party wishing to take a position on what the role of AEH should properly be, shall file/submit a letter to the Court not later than May 22, 2013. (Signed by Judge Katherine B. Forrest on 5/15/2013) (mro)
May 15, 2013 Filing 457 Letter addressed to Judge Katherine B. Forrest from Keith M. Fleischman dated 5/14/13 re: Pursuant to the Court's May 10, 2013 Order (Docket No. 450), the Valore Plaintiffs reserve the right to call at trial any witnesses that have been designated by other parties in this consolidated action. (mro)
May 15, 2013 Opinion or Order Filing 456 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Peter I. Livingston dated 5/14/13 re: Counsel requests that Your Honor treat this letter as a letter motion for preclusion pursuant to Federal Rules of Civil Procedure Rule 37(b)(2). ENDORSEMENT: Ordered: The Court accepts this letter as a motion for preclusion, as requested. Any party wishing to oppose shall do so not later than May 25, 2013. (Signed by Judge Katherine B. Forrest on 5/15/2013) (mro)
May 15, 2013 Opinion or Order Filing 455 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Michael D. Lockard dated 5/14/13 re: Counsel encloses the Government's list of potential trial witnesses in this matter. ENDORSEMENT: Ordered: The purpose of disclosing trial witness lists was to assist in focusing depositions. The Court views this list as overly broad. Please determine if the Government is likely to call these people. Submit any revised list by May 21, 2013. (Signed by Judge Katherine B. Forrest on 5/15/2013) (mro)
May 15, 2013 Opinion or Order Filing 454 ENDORSED LETTER addressed to Judge Katherine B. Forrest from James L. Bernard dated 5/14/13 re: Counsel writes to propose the individuals herein as witnesses or to introduce into evidence their deposition testimony at trial. ENDORSEMENT: Ordered: Post to docket. (Signed by Judge Katherine B. Forrest on 5/15/2013) (mro)
May 14, 2013 Opinion or Order Filing 453 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Michael D. Lockard dated 5/13/13 re: Counsel submits this letter concerning the Court's order dated May 10, 2013 (the "Order"), directing all parties to submit proposed witness lists to the Court for review and further directing any party who has not previously provided a proposed witness list by April 1, 2013, to set forth the reasons such a list was not disclosed. ENDORSEMENT: Ordered: Post on docket. (Signed by Judge Katherine B. Forrest on 5/14/2013) (mro)
May 10, 2013 Filing 452 Letter addressed to Judge Katherine B. Forrest from Daniel S. Ruzumma dated 5/9/13 re: For the reasons set forth above and in Claimants' April 15, 2013 letter, Claimants' requested relief should be granted. The Government should not be permitted to pick and choose which rules and orders it will abide by and which it will ignore. The Governments discovery conduct in this matter-whether intentional or nothas substantially prejudiced Claimants. Counsel respectfully submit that the requested relief should be granted and the adverse inference instruction proposed in our initial letter should be given to the jury at trial. Document filed by Alavi Foundation, 650 Fifth Avenue Company.Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
May 10, 2013 Filing 451 NOTICE OF CHANGE OF ADDRESS by Ira Stephen Sacks on behalf of Djhanbani Family Members, Khoshkish Family Members, Khosrowshahi Family Members, Sohrab Vahabzadeh. New Address: Akerman Senterfitt LLP, 666 Fifth Ave., 20th floor, New York, NY, USA 10103, 2128803800. (Sacks, Ira)
May 10, 2013 Opinion or Order Filing 450 ORDER: The Court has reviewed the letter of counsel for the 650 Fifth Avenue claimants dated May 9, 2013. It is hereby ORDERED: Not later than 5;00 p.m., Tuesday, May 14, 2013, all parties shall submit their proposed witness lists to the Court for its review; Not later than 5:00 p.m., Tuesday, May 14, 2013, any party that did not provide a proposed witness list to all parties by the Court's April 1, 2013, deadline shall set forth the reasons that such list was not disclosed. (Signed by Judge Katherine B. Forrest on 5/10/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mt)
May 10, 2013 Filing 449 COUNTER STATEMENT TO (110 in 1:09-cv-00165-KBF, 111 in 1:09-cv-00166-KBF, 376 in 1:08-cv-10934-KBF) Rule 56.1 Statement,. Document filed by ASSA Company Limited, ASSA Corporation, Assa Corp.. Filed In Associated Cases: 1:08-cv-10934-KBF, 1:09-cv-00165-KBF, 1:09-cv-00166-KBF(De Funis, Bension)
May 10, 2013 Filing 448 DECLARATION of Deborah B. Koplovitz in Opposition re: (373 in 1:08-cv-10934-KBF, 107 in 1:09-cv-00165-KBF, 108 in 1:09-cv-00166-KBF) MOTION for Partial Summary Judgment Against the Assa Defendants.. Document filed by ASSA Company Limited, ASSA Corporation, Assa Corp.. (Attachments: #1 Exhibit Exhibit A to Koplovitz Dec., #2 Exhibit Exhibit B to Koplovitz Dec., #3 Exhibit Exhibit C to Koplovitz Dec., #4 Exhibit Exhibit D to Koplovitz Dec., #5 Exhibit Exhibit E to Koplovitz Dec., #6 Exhibit Exhibit F to Koplovitz Dec.)Filed In Associated Cases: 1:08-cv-10934-KBF, 1:09-cv-00165-KBF, 1:09-cv-00166-KBF(De Funis, Bension)
May 10, 2013 Filing 447 AFFIDAVIT of Robert Richardson in Opposition re: (373 in 1:08-cv-10934-KBF, 108 in 1:09-cv-00166-KBF, 107 in 1:09-cv-00165-KBF) MOTION for Partial Summary Judgment Against the Assa Defendants.. Document filed by ASSA Company Limited, ASSA Corporation, Assa Corp.. Filed In Associated Cases: 1:08-cv-10934-KBF, 1:09-cv-00165-KBF, 1:09-cv-00166-KBF(De Funis, Bension)
May 10, 2013 Filing 446 MEMORANDUM OF LAW in Opposition re: (373 in 1:08-cv-10934-KBF, 108 in 1:09-cv-00166-KBF, 107 in 1:09-cv-00165-KBF) MOTION for Partial Summary Judgment Against the Assa Defendants.. Document filed by ASSA Company Limited, ASSA Corporation, Assa Corp.. Filed In Associated Cases: 1:08-cv-10934-KBF, 1:09-cv-00165-KBF, 1:09-cv-00166-KBF(De Funis, Bension)
May 10, 2013 Filing 445 DECLARATION of Davood Shakeri in Opposition re: (373 in 1:08-cv-10934-KBF, 107 in 1:09-cv-00165-KBF, 108 in 1:09-cv-00166-KBF) MOTION for Partial Summary Judgment Against the Assa Defendants.. Document filed by ASSA Company Limited, ASSA Corporation, Assa Corp.. (Attachments: #1 Exhibit Ex. A to Shakeri Dec., #2 Exhibit Ex. B to Shakeri Dec., #3 Exhibit Ex. C to Shakeri Dec., #4 Exhibit Ex. D to Shakeri Dec., #5 Exhibit Ex. E to Shakeri Dec., #6 Exhibit Ex. F to Shakeri Dec., #7 Exhibit Ex. G to Shakeri Dec., #8 Exhibit Ex. H to Shakeri Dec.)Filed In Associated Cases: 1:08-cv-10934-KBF, 1:09-cv-00165-KBF, 1:09-cv-00166-KBF(De Funis, Bension)
May 10, 2013 Filing 444 MEMORANDUM OF LAW in Opposition re: (108 in 1:09-cv-00166-KBF) MOTION for Partial Summary Judgment Against the Assa Defendants.. Document filed by ASSA Company Limited, ASSA Corporation, Assa Corp.. Filed In Associated Cases: 1:08-cv-10934-KBF, 1:09-cv-00165-KBF, 1:09-cv-00166-KBF(De Funis, Bension)
May 9, 2013 Opinion or Order Filing 443 ORDER FOR ADMISSION PRO HAC VICE: It is hereby Ordered that Dale K. Cathell is admitted Pro Hac Vice for all purposes as counsel for the Claimants the Estate of Michael Heiser, et al., and the Estate of Millard D. Campbell, et al. (Signed by Judge Katherine B. Forrest on 5/1/2013) (mro)
May 6, 2013 ***DELETED DOCUMENT. Deleted document number 439 Eleventh Quarterly Report of Monitor Kathleen A. Roberts. The document was removed from the docket pursuant to Order #603 filed on 8/6/2013. (mro)
May 6, 2013 Opinion or Order Filing 442 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Michael D. Lockard dated 4/29/13 re: Counsel for the Government writes to respectfully advise the Court and the parties that the Government has identified an investigative file relating to the investigation that led to the filing of the Complaint and the Amended Complaint that has not previously been produced. Counsel also writes to set forth the circumstances of this discovery and of their intention to expedite the review and production of this material. ENDORSEMENT: Ordered: 1. Please notify the Court when those records are produced. 2. Following production, defendants may (if they deem it appropriate) request additional depositions or documents deemed necessary to meet this new evidence. The Court will consider those applications if they require also reopening completed depositions or document discovery. (Signed by Judge Katherine B. Forrest on 5/6/2013) (mro)
May 6, 2013 Opinion or Order Filing 441 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Michael D. Lockard dated 5/3/13 re: Counsel writes to request an extension of the May 7, 2013 deadlines set forth in the Court's order of April 30, 2013, to provide the Court with a short summary concerning information sought from the government relating to other investigations and to provide the Court in camera with a sampling of representative documents withheld on the basis of the law enforcement privilege, until Friday, May 10, 2013. With respect to the formal assertion of the law enforcement privilege by the FBI, that assertion will be by an affidavit or declaration by a senior supervisory FBI official. Counsel estimates that the declaration and accompanying index will be ready for submission by approximately May 25, 2013. ENDORSEMENT: 27. Saturday. Ordered: Extension of submission of materials to 5/27/13 granted. (Signed by Judge Katherine B. Forrest on 5/6/2013) (mro) Modified on 5/7/2013 (mro).
May 6, 2013 Opinion or Order Filing 440 ORDER FOR ADMISSION PRO HAC VICE granting #438 Motion for Dale K. Cathell to Appear Pro Hac Vice. It is hereby Ordered that Dale K. Cathell is admitted Pro Hac Vice for all purposes as counsel for the Claimants the Estate of Michael Heiser, et al., and the Estate of Millard D. Campbell, et al. (collectively, the "Heisers"). (Signed by Judge Katherine B. Forrest on 5/6/2013) (mro)
May 1, 2013 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #438 AMENDED MOTION for Dale K. Cathell to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bwa)
April 30, 2013 Filing 438 AMENDED MOTION for Dale K. Cathell to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Judgment Creditors Estate of Michael Heiser et al. and Estate of Millard D. Campbell. et al.. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order)(Cathell, Dale)
April 30, 2013 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #437 MOTION for Dale K. Cathell to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8467352. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): Missing Certificate of Good Standing. Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a valid Certificate of Good Standing, issued within the past 30 days. (bcu)
April 30, 2013 Filing 437 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Dale K. Cathell to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8467352. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Judgment Creditors Estate of Michael Heiser et al. and Estate of Millard D. Campbell. et al.. (Attachments: #1 Text of Proposed Order)(Cathell, Dale) Modified on 4/30/2013 (bcu).
April 30, 2013 Opinion or Order Filing 436 STIPULATED CONFIDENTIALITY AND PRIVACY ACT ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Katherine B. Forrest on 4/30/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
April 30, 2013 Opinion or Order Filing 435 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Timothy Birnbaum dated 4/26/13 re: Counsel requests that the Court either strike the Hegna MSJ without prejudice to the Hegna Plaintiffs or hold the Hegna MSJ in abeyance pending the outcome of the consolidated trial. ENDORSEMENT: ORDERED: The Court's direction to the Hegna plaintiffs was solely to ensure that all papers filed in any action consolidated for trial under the 08 Civ. 10934 case designation are filed on the docket in that action. The Hegna group has now complied with the Court's direction. Resolution of its motion is a separate issue. As Mr. Birnbaum's letter states, the Hegna plaintiffs' motion for partial summary judgment seeks relief that includes a determination of priority. As it has previously stated, the Court will not make such a determination--if any is required--until after trial. As such, the Hegna motion at ECF 472 will be held in abeyance until further Order of the Court. (Signed by Judge Katherine B. Forrest on 4/30/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
April 30, 2013 Opinion or Order Filing 434 ORDER: In connection with the defendants' motion to compel (submitted by letters at ECF Nos. 412, 415), the Court orders the Government to do the following: Not later than May 7, 2013, submit a short summary stating whether the information assembled, prepared and possessed by the various governmental agencies from which discovery has been sought in this action was developed in connection with this litigation or whether it has been developed in connection with other unrelated investigations (the Court notes, for instance, a reference in the Government's letter to proceedings before the United States-Iran Claims Tribunal). In addition, please state whether such materials are or may be used in connection with other, future investigations. Not later than May 7, 2013, provide the Court, in camera (and employing any safeguards the Government deems necessary in accordance with In re The City of New York, 607 F.3d 923, 948-49 (2d Cir. 2010)), with a random sampling of at least 50 documents withheld on the basis of the law enforcement privilege and which are representative of the type of information so withheld (if more than 50 documents is required to make such a showing, then provide what is necessary). Please state the date upon which the FBI intends to make a formal assertion of the law enforcement privilege-and the format in which that assertion will be made (e.g., a motion for a protective order, a letter to defense counsel, etc). The Court will provide a ruling on defendants' motion to compel only after having received and reviewed the above materials. (Signed by Judge Katherine B. Forrest on 4/30/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro) Modified on 4/30/2013 (mro).
April 29, 2013 Filing 433 Letter addressed to Judge Katherine B. Forrest from Michael D. Lockard dated 4/25/13 re: Counsel for the Government respectfully submits this letter in response to the April 15, 2013, letter of claimants the Alavi Foundation (the Foundation) and 650 Fifth Avenue Company (the Partnership and, collectively, Claimants). For the foregoing reasons, counsel requests that the Claimants requests be denied. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
April 29, 2013 Filing 432 NOTICE OF APPEARANCE by Mark Nathan Antar on behalf of Deborah D Peterson, Personal Representative (Antar, Mark)
April 26, 2013 Filing 431 DECLARATION in Support re: (136 in 1:09-cv-00166-KBF, 147 in 1:09-cv-00564-KBF, 98 in 1:09-cv-04614-KBF, 138 in 1:09-cv-00165-KBF, 95 in 1:09-cv-04784-KBF, 123 in 1:10-cv-02464-KBF, 162 in 1:09-cv-00553-KBF, 427 in 1:08-cv-10934-KBF) MOTION for Partial Summary Judgment.. Document filed by Craig H Hegna, Edwena R Hegna, Edwina R Hegna, Paul B Hegna, Steven A Hegna, Lynn M Hegna Moore. (Attachments: #1 Exhibit #1-A Verified Amended Compl Part I, #2 Exhibit #1-A Part Two, #3 Exhibit #2 Mem. Dec. Underlying Judgment 01/22/2002, #4 Exhibit #2A Underlying Judgment, #5 Exhibit #2B Reg.Judg. SDNY and Service on Iran, #6 Exhibit #2C Rec'v. Amend. Judg and Serv on Iran, #7 Exhibit #3 Transcript Judgment SDNY, #8 Exhibit #3A Recorded Judgment Lien 11/27/2002, #9 Exhibit #4 Writ Execution Rec'd US Marshal 12/30/2008, #10 Exhibit #4A Garnishment 650 5th Ave Co 01/12/2009, #11 Exhibit #4B Garnishment ASSA, #12 Exhibit #4C Lis Pendens Show Cause Proceeding, #13 Exhibit #5 Bank Melli Sec. Treas. Designation, #14 Exhibit #6 SCO Sched. Order Service on Iran, #15 Exhibit #7 Service on Ministry of Information and Security, #16 Exhibit #8 Service on Bank Melli, #17 Exhibit #9 Scheduling Order SCO Procedeeding, #18 Exhibit #10 Memo Law Supporting SCO 03/25/2009, #19 Exhibit #10A Aff. Supporting SCO WITHOUT EXHIBITS, #20 Exhibit #11 ALAVI AND 650 5TH AVE CO RESPONSE TO SCO, #21 Exhibit #11A ASSA ENTITIES RESPNSE TO SCO, #22 Exhibit #11B ASSA CROSS MOTION, #23 Exhibit #12 GREENBAUM RESPONSE SCO, #24 Exhibit #13 U.S. LTR. BRIEF ON SCO 07/09/2009, #25 Exhibit #14 HEGNA REPLY TO ALL SCO RESPONSES, #26 Exhibit #14A HEGNA EXHIBITS TO REPLY MEMO EX# 14, #27 Exhibit #15 HEGNA REPLY LTR BRIEF TO US. LTR BRIEF EX. #13, #28 Exhibit #16 OFAC DETERMINES BANK MELLI IS IRAN, #29 Exhibit #16A BANK MELLI OWNED CONTROLLED BY IRAN, #30 Exhibit #17 ASSA IS BANK MELLI, #31 Exhibit #17A ASSA ASSETS BLOCKED, #32 Exhibit #1 ORDR TO SHOW CAUSE 03/27/09)Filed In Associated Cases: 1:08-cv-10934-KBF et al.(Dupont, Ralph)
April 26, 2013 Filing 430 MEMORANDUM OF LAW in Support re: (162 in 1:09-cv-00553-KBF, 136 in 1:09-cv-00166-KBF, 427 in 1:08-cv-10934-KBF, 95 in 1:09-cv-04784-KBF, 147 in 1:09-cv-00564-KBF, 123 in 1:10-cv-02464-KBF, 98 in 1:09-cv-04614-KBF, 138 in 1:09-cv-00165-KBF) MOTION for Partial Summary Judgment.. Document filed by Craig H Hegna, Edwena R Hegna, Edwina R Hegna, Paul B Hegna, Steven A Hegna, Lynn M Hegna Moore. (Attachments: #1 Appendix Part One, #2 Appendix Part Two)Filed In Associated Cases: 1:08-cv-10934-KBF et al.(Dupont, Ralph)
April 26, 2013 Filing 429 MEMORANDUM OF LAW in Support re: (123 in 1:10-cv-02464-KBF) MOTION for Partial Summary Judgment.. Document filed by Craig H Hegna, Edwena R Hegna, Edwina R Hegna, Paul B Hegna, Steven A Hegna, Lynn M Hegna Moore. (Attachments: #1 Appendix Part One, #2 Appendix Part Two)Filed In Associated Cases: 1:08-cv-10934-KBF et al.(Dupont, Ralph)
April 26, 2013 Filing 428 RULE 56.1 STATEMENT. Document filed by Craig H Hegna, Edwena R Hegna, Edwina R Hegna, Paul B Hegna, Steven A Hegna, Lynn M Hegna Moore. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(Dupont, Ralph)
April 26, 2013 Filing 427 MOTION for Partial Summary Judgment. Document filed by Craig H Hegna, Edwena R Hegna, Edwina R Hegna, Paul B Hegna, Steven A Hegna, Lynn M Hegna Moore.Filed In Associated Cases: 1:08-cv-10934-KBF et al.(Dupont, Ralph)
April 26, 2013 Filing 426 NOTICE OF APPEARANCE by Ralph Paul Dupont on behalf of Craig H Hegna, Edwena R Hegna, Edwina R Hegna, Paul B Hegna, Steven A Hegna, Lynn M Hegna Moore Filed In Associated Cases: 1:08-cv-10934-KBF et al.(Dupont, Ralph)
April 25, 2013 Filing 425 REPLY MEMORANDUM OF LAW in Support re: #383 MOTION to Dismiss Vahabzedeh, Khosrowshahi, and Khoshkish claims.. Document filed by United States of America. (Lockard, Michael)
April 25, 2013 Opinion or Order Filing 424 ORDER FOR ADMISSION PRO HAC VICE granting #422 Motion for Craig S. Mielke to Appear Pro Hac Vice. It is hereby Ordered that Craig S. Mielke is admitted Pro Hac Vice to appear for all purposes as counsel for the Havlish Plaintiffs, Judgment Creditors. (Signed by Judge Katherine B. Forrest on 4/25/2013) (mro)
April 24, 2013 Opinion or Order Filing 423 MEMORANDUM DECISION & ORDER: By letter motion dated April 15, 2013, the Government seeks to compel disclosure of documents withheld on the basis of attorney-client privilege or the work product doctrine. Defendants Alavi and 650 Fifth Avenue opposed this motion by letter response dated April 19, 2013; the Assa defendants also opposed the request by a separate letter of the same date. The Government asserts that the crime-fraud exception applies as to all such documents-and apparently therefore seeks disclosure of all documents on defendants' privilege logs. In particular, the Government contends that the exception should apply to communications which were in furtherance of defendants' "fraudulent and criminal schemes" to "conceal Bank Melli's ownership or control of Assa Corporation and Assa Company, Ltd., and conceal the influence of Iranian government agencies and officials in the formation of the 650 Fifth Avenue Company." For the reasons set forth herein, on the basis of the record presented, the Court denies the Government's motion with leave to renew if at some later time it resolves the deficiencies in its motion set forth herein. (Signed by Judge Katherine B. Forrest on 4/24/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
April 24, 2013 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #422 MOTION for Craig Steven Mielke to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8450042. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
April 24, 2013 Filing 422 MOTION for Craig Steven Mielke to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8450042. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Havlish Plaintiffs. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Mielke, Craig)
April 24, 2013 Opinion or Order Filing 421 ORDER FOR ADMISSION PRO HAC VICE granting #419 Motion for Robert M. Foote to Appear Pro Hac Vice. It is hereby Ordered that Robert M. Foote is admitted Pro Hac Vice to appear for all purposes as counsel for the Havlish Plaintiffs, Judgment Creditors. (Signed by Judge Katherine B. Forrest on 4/24/2013) (mro)
April 23, 2013 Opinion or Order Filing 420 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Curtis C. Mechling dated 4/22/13 re: Counsel respectfully requests that the Court direct the Hegna Plaintiffs to re-file their motion for partial summary judgment in the above-referenced master action in accordance with the Court's Order of March 17, 2010, so that all parties will have proper notice of the motion. Counsel further respectfully requests that the Court hold the Hegna Plaintiffs' motion in abeyance pending the outcome of the consolidated trial of these cases. ENDORSEMENT: Ordered: The Hegna plaintiffs to file their motion in the master-action 08 CIV 10934(KBF), and serve on all counsel. All counsel may respond once served if they choose to do so. (Signed by Judge Katherine B. Forrest on 4/23/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro) Modified on 4/24/2013 (mro).
April 23, 2013 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #419 AMENDED MOTION for Robert Martin Foote to Appear Pro Hac Vice Corrected. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
April 23, 2013 Filing 419 AMENDED MOTION for Robert Martin Foote to Appear Pro Hac Vice Corrected. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Havlish Plaintiffs. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Foote, Robert)
April 23, 2013 Opinion or Order Filing 418 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Martin S. Bell, Sharon Cohen Levin, and Michael D. Lockard dated 4/22/2013 re: The Government writes to request an extension of time until 4/25/2013 to respond to the Alavi Foundation's 4/15/2013 letter concerning certain discovery issues. ENDORSEMENT: Ordered. Application granted. (Signed by Judge Katherine B. Forrest on 4/23/2013) (tro)
April 22, 2013 Opinion or Order Filing 417 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Ralph P. Dupont dated 4/19/2013 re: Counsel for Hegna Judgment Lien Creditors in 11cv3761 write in response to the Respondents, Assa Corporation's and Assa Company, Ltd.'s, letter filed with Your Honor today, but dated 4/17/2013. Counsel wish to advise the Court that the Hegnas' dispositive motion for partial summary, filed on 4/5/2013, has been re-filed. ENDORSEMENT: Ordered. Post to docket. (Signed by Judge Katherine B. Forrest on 4/22/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(tro) Modified on 4/23/2013 (tro).
April 22, 2013 Filing 416 Letter addressed to Judge Katherine B. Forrest from Peter I. Livingston dated 4/19/13 re: Counsel states for the foregoing reasons as well as the arguments raised by Counsel for the Alavi Foundation and The 650 Fifth A venue Company as set forth in the letter to this Court dated April19, 2013 which we respectfully adopt andjoin, the Government's application should be denied in all respects. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
April 22, 2013 Filing 415 Letter addressed to Judge Katherine B. Forrest from Peter I. Livingston dated 4/19/13 re: Counsel requests on behalf of Assa the same relief as being sought by counsel for the Alavi Foundation and 650 Fifth Avenue Company. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
April 22, 2013 Filing 414 Letter addressed to Judge Katherine B. Forrest from Daniel S. Ruzumma dated 4/19/13 re: Counsel submit this letter on behalf of the Alavi Foundation and 650 Fifth Avenue Company in response to the Governments April 15, 2013 letter concerning the application of the attorney-client privilege and work-product protections to Claimants' communications with counsel. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
April 22, 2013 Filing 413 Letter addressed to Judge Katherine B. Forrest from Michael D. Lockard, et al dated 4/15/13 re: Counsel respectfully requests an order stating that the crimefraud doctrine applies to the otherwise-privileged communications and/or work product documents described above. In addition, we respectfully request a discovery conference before the Court, during which the parties can address the problems related to the privilege logs and omissions from discovery detailed herein. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
April 22, 2013 Filing 412 Letter addressed to Judge Katherine B. Forrest from Daniel S. Ruzumma dated 4/15/13 re: Counsel submit this letter on behalf of the Alavi Foundation (the "Foundation") and the 650 Fifth Avenue Company (the "Fifth Avenue Company" or collectively "Claimants") in accordance with Your Honor's March 15, 2013 order directing any party wishing to object to another party's discovery production to do so by April 15, 2013. Claimants hereby raise several objections to the Government's productions up through April 1, 2013 and request certain action by the Court to address the issues raised in this letter. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
April 22, 2013 Filing 411 Letter addressed to Judge Katherine B. Forrest from Daniel S. Ruzumma dated 4/15/13 re: Counsel submits the enclosed letter on behalf of the Alavi Foundation (the Foundation) and the 650 Fifth Avenue Company (Fifth Avenue Company or collectively Claimants) raising objections to the Governments document discovery through April 1, 2013. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
April 19, 2013 Opinion or Order Filing 410 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Deborah B. Koplovitz dated 4/17/2013 re: Counsel requests that the Defendants' time to respond to the Rubin motion, the memorandum of the Greenblum, Acosta, Beer and Kirschenbaum plaintiffs and the Hegna plaintiffs (if necessary) be extended to 5/10/2013. Counsel also requests an enlargement of pages to 35 pages in order to address all the various arguments by the different sets of Plaintiffs. ENDORSEMENT: Ordered. 1. Hegan plaintiffs to refile an papers necessary (and not reflected on the docket as properly filed.) 2. Extension of time to 5/10/13 Granted. 3. Page limit extensions (to 35 pages) Granted. Set Deadlines/Hearing (Responses due by 5/10/2013) (Signed by Judge Katherine B. Forrest on 4/18/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(tro)
April 19, 2013 Opinion or Order Filing 409 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Aitan D. Goelman dated 4/17/2013 re: Rubin Plaintiffs write in response to the 4/17/2013 letter submitted by defendants and object to the enlargement of the page limit. ENDORSEMENT: Ordered. Post to docket. (Signed by Judge Katherine B. Forrest on 4/18/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(tro)
April 15, 2013 Opinion or Order Filing 408 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Peter I. Livingston dated 4/11/2013 re: We are counsel for Defendants Assa Corp. and Assa Limited. We have reviewed the letter dated April 8,2013 from counsel for the Greenbaum, Acosta, Beer and Kirschenbaum plaintiffs with respect to a request for an enlargement of time for discovery until the 31st of July and the Court's request for comments. On behalf of Assa Corp. and Assa Limited, we would have no objection to an extension of time until the 31st of July for depositions and an extension of time for all parties to produce documents until May 1st. ENDORSEMENT: Ordered. Post to docket. (The Court notes no submission received from the Government per deadline). (Signed by Judge Katherine B. Forrest on 4/12/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(ago)
April 15, 2013 Opinion or Order Filing 407 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 4/11/2013 re: We respectfully submit this letter on behalf of the Alavi Foundation (the "Foundation") and 650 Fifth Avenue Company (the "Fifth Avenue Company") regarding the Greenbaum, Acosta, Beer, and Kirschenbaum Plaintiffs' request that Court extend the discovery close date from May 1,2013 to July 31, 2013. We believe that a limited discovery extension is appropriate under the circumstances, but oppose an extension to July 31. Instead, we propose that the Court extend fact discovery until June 28, 2013, and that all other previously imposed deadlines remain in place. ENDORSEMENT: Ordered. Extension of fact discovery to 6/28/2013 granted. All other dates remain (and no extension of passed deadlines, e.g. the April 1 deadline). ( Fact Discovery due by 6/28/2013.) (Signed by Judge Katherine B. Forrest on 4/11/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(ago) Modified on 4/15/2013 (ago).
April 15, 2013 Filing 406 MEMORANDUM OF LAW in Opposition re: #383 MOTION to Dismiss Vahabzedeh, Khosrowshahi, and Khoshkish claims.. Document filed by Djhanbani Family Members, Khoshkish Family Members, Khosrowshahi Family Members, Sohrab Vahabzadeh. (Sacks, Ira)
April 15, 2013 Filing 405 REPLY MEMORANDUM OF LAW in Support re: #368 MOTION to Establish Procedure to Determine Validity, Amount and Priority of Claims.. Document filed by Djhanbani Family Members, Khoshkish Family Members, Khosrowshahi Family Members, Sohrab Vahabzadeh. (Sacks, Ira)
April 9, 2013 Opinion or Order Filing 404 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Curtis C. Mechling dated 4/8/13 re: Counsel writes to request that the Court extend the discovery close date of May 1 until July 31, 2013. ENDORSEMENT: Ordered: Does any party oppose this request? If the Court grants it, it will extend the Government's deadline to produce documents it may rely upon to 5/1/13. Please inform the Court of any opposition not later than 4/11/13 (C.O.B.). (Signed by Judge Katherine B. Forrest on 4/9/2013) (mro) Modified on 4/11/2013 (mro).
April 9, 2013 Filing 403 RESPONSE to Kirschenbaum pleadings. Document filed by 650 Fifth Avenue Company, Alavi Foundation. (Ruzumna, Daniel)
April 9, 2013 Filing 402 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Alavi Foundation.(Ruzumna, Daniel)
April 9, 2013 Filing 401 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by 650 Fifth Avenue Company.(Ruzumna, Daniel)
April 9, 2013 Filing 400 RESPONSE to Beer pleadings. Document filed by 650 Fifth Avenue Company, Alavi Foundation. (Ruzumna, Daniel)
April 9, 2013 Filing 399 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Alavi Foundation.(Ruzumna, Daniel)
April 9, 2013 Filing 398 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by 650 Fifth Avenue Company.(Ruzumna, Daniel)
April 9, 2013 Filing 397 RESPONSE to Heiser petition. Document filed by ASSA Company Limited, ASSA Corporation. (Livingston, Peter)
April 9, 2013 Filing 396 RESPONSE to Kirschenbaum pleadings. Document filed by ASSA Company Limited, ASSA Corporation. (Livingston, Peter)
April 9, 2013 Filing 395 RESPONSE to Beer pleadings. Document filed by ASSA Company Limited, ASSA Corporation. (Livingston, Peter)
April 8, 2013 Filing 394 MEMORANDUM OF LAW in Support re: (373 in 1:08-cv-10934-KBF, 108 in 1:09-cv-00166-KBF, 107 in 1:09-cv-00165-KBF) MOTION for Partial Summary Judgment Against the Assa Defendants. Greenbaum, Acosta, Beer And Kirschenbaum Plaintiffs' Memorandum Of Law In Support Of The Rubin Plaintiffs' Motion For Partial Summary Judgment Against Assa Defendants. Document filed by Carlos Acosta, Maria Acosta, Tova Ettinger, Irving Franklin, Steven M. Greenbaum, Ethel J. Griffin, Alan D. Hayman, Shirlee Hayman, Baruch Kahane, Libby Kahane, Norman Kahane, Ciporah Kaplan. Filed In Associated Cases: 1:08-cv-10934-KBF, 1:09-cv-00165-KBF, 1:09-cv-00166-KBF(Mechling, Curtis)
April 3, 2013 Opinion or Order Filing 393 ORDER FOR ADMISSION PRO HAC VICE: granting #387 Motion for Dennis George Pantazis to Appear Pro Hac Vice. The Motion of DENNIS GEORGE PANTAZIS, ESQUIRE for admission to practice ProHac Vice in the above-captioned matter is hereby GRANTED.(Signed by Judge Katherine B. Forrest on 4/03/2013) (ama)
April 2, 2013 Opinion or Order Filing 392 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Michael D. Lockard dated 4/1/2013 re: The Government respectfully submits this letter to provide the Court with a status update with respect to document discovery...Accordingly, at this time we do not anticipate a request to be permitted to rely on these records. ENDORSEMENT: Ordered. Post to docket. (Signed by Judge Katherine B. Forrest on 4/2/2013) (mt)
April 2, 2013 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #391 MOTION for Robert Martin Foote to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8379994. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): Missing Certificate of Good Standing. Certificate of Good Standing must be issued by the State Court of Illinois. Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a valid Certificate of Good Standing, issued within the past 30 days. (bcu)
April 2, 2013 Filing 391 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Robert Martin Foote to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8379994. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Havlish Plaintiffs. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Foote, Robert) Modified on 4/2/2013 (bcu).
April 2, 2013 Opinion or Order Filing 390 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Donald F. Luke dated 3/29/2013 re: This firm represents Assa Corp. and Assa Limited, s/h/a Assa Co. Ltd. (collectively referred to herein as, "Assa"). On March 21,2013, the plaintiffs in the actions captioned Rubin et. al. v. Alavi Foundation et. al. (Docket No. 09-cv-165) and Miller et. al. v. Alavi Foundation et. al. (Docket No. 09-cv-166) (the "Rubin Plaintiffs") filed a motion (the "Motion") for partial summary judgment against Assa. We writes with the consent of the Rubin Plaintiffs to respectfully request that Assa's time to submit opposition papers to the Motion be extended from April 11,2013, to April 24, 2013, and that the Rubin Plaintiffs' time to submit reply papers to the Motion be extended from April 25,2013, to May 7, 2013. This is the first request for an extension of time in connection with the Motion and is being made because of the Passover holiday, the need for us to confer with people located abroad, and because I shall be out of the country on an unrelated matter during the period April 3 through 16, 2013. ENDORSEMENT: Ordered. Extension as set forth herein granted. ( Responses due by 4/24/2013, Replies due by 5/7/2013.) (Signed by Judge Katherine B. Forrest on 4/2/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(ago)
April 1, 2013 Filing 389 MEMORANDUM OF LAW in Opposition re: #368 MOTION to Establish Procedure to Determine Validity, Amount and Priority of Claims.. Document filed by 650 Fifth Avenue Company, Alavi Foundation. (Ruzumna, Daniel)
April 1, 2013 Opinion or Order Filing 388 ORDER: It is hereby ORDERED: The following briefing schedule shall apply to the Djhanbani, Khoshkish, Khosrowshahi, and Vahabzadeh claimants' motion to determine the validity, amount and priority of their claims (ECF No. 368) and the Government's motion to dismiss those claims (ECF No. 383): Any opposition brief(s) to the Government's motion are due not later than April 15, 2013; any reply(ies) are due April 25, 2013. The claimants shall file any reply brief to their validity, amount and priority motion as part of any opposition to the Government's motion to dismiss brief. In their briefing, the parties shall address the question of whether the Second Amended Claims and Statements of Interest sufficiently allege an interest in the specific property at issue in the consolidated action. ( Responses due by 4/15/2013, Replies due by 4/25/2013.) (Signed by Judge Katherine B. Forrest on 4/1/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(ago)
April 1, 2013 Filing 387 MOTION for Dennis George Pantazis to Appear Pro Hac Vice CORRECTED MOTION FOR ADMISSION PRO HAC VICE. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Havlish Plaintiffs. (Attachments: #1 Exhibit A (Certificate), #2 Text of Proposed Order)Filed In Associated Cases: 1:08-cv-10934-KBF et al.(Pantazis, Dennis)
April 1, 2013 Opinion or Order Filing 386 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Ira S. Sacks dated 3/26/2013 re: We write to follow-up on our February 15,2013 letter to Your Honor ("February Letter") and to address the March 21, 2013 letter sent on behalf of the Greenbaum, Acosta, Beer, and Kirschenbaum Plaintiffs (collectively, the "Greenbaum Plaintiffs"). In their letter, the Greenbaum Plaintiffs feign surprise at the filing of Claimants' March 15, 2013 motion (ECF Dkt. No. 369) (the "Validity Motion") -despite the fact that the February Letter explicitly states the Validity Motion would be filed shortly and details the relief Claimants will seek -- and contend that the Validity Motion is improper, because at the March 15, 20 l3 settlement conference Your Honor requested that motion practice concerning validity and priority of claims be delayed until after the consolidated trial. We address the premise of the Greenbaum Plaintiffs' letter in two parts: (i) with respect to validity and (ii) with respect to priority as further set forth herein. Although the issue of priority as between all of the competing claims and judgments in this action need not be adjudicated now -- as your Honor has indicated we respectfully submit that the nature of Claimants' claims under 28 C.F.R. 9.9(a) should be adjudicated prior to trial. The Court's decision as to the nature and class of Claimants' claims is a necessary first step before Claimants can even begin to litigate the issue of priority with the other private plaintiffs and/or the Government. Thus, we respectfully submit that the Validity Motion was made at the appropriate juncture. Lastly, in order to preserve judicial economy and resources, Claimants reiterate their belief that the validity, amount, and priority issues referenced above can be adjudicated by a Magistrate Judge in order to allow these necessary issues to be resolved before trial. ENDORSEMENT: Ordered. Post to docket. To be clear, this Court has never held a settlement conference. The March 15 conference dealt solely with pre-trial matters. (Signed by Judge Katherine B. Forrest on 4/1/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(ago)
March 29, 2013 Filing 385 RESPONSE to Petition for Turnover. Document filed by 650 Fifth Avenue Company, Alavi Foundation. (Ruzumna, Daniel)
March 29, 2013 Filing 384 MEMORANDUM OF LAW in Support re: #383 MOTION to Dismiss Vahabzedeh, Khosrowshahi, and Khoshkish claims., #368 MOTION to Establish Procedure to Determine Validity, Amount and Priority of Claims.. Document filed by United States of America. (Lockard, Michael)
March 29, 2013 Filing 383 MOTION to Dismiss Vahabzedeh, Khosrowshahi, and Khoshkish claims. Document filed by United States of America.(Lockard, Michael)
March 28, 2013 Filing 382 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/15/13 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...Filed In Associated Cases: 1:08-cv-10934-KBF et al.(Rodriguez, Somari)
March 28, 2013 Filing 381 TRANSCRIPT of Proceedings re: CONFERENCE held on 3/15/2013 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Denise Richards, (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 4/22/2013. Redacted Transcript Deadline set for 5/2/2013. Release of Transcript Restriction set for 7/1/2013.Filed In Associated Cases: 1:08-cv-10934-KBF et al.(Rodriguez, Somari)
March 26, 2013 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #378 MOTION for Dennis George Pantazis to Appear Pro Hac Vice CORRECTED MOTION FOR ADMISSION PRO HAC VICE. Motion and supporting papers to be reviewed by Clerk's Office staff.. Certificate of good standing must be issued from the Alabama Supreme Court. (wb)
March 24, 2013 Filing 380 NOTICE OF APPEARANCE by Richard Douglas Hailey on behalf of Havlish Plaintiffs (Hailey, Richard)
March 22, 2013 Filing 379 Letter addressed to Judge Katherine B. Forrest from Benjamin Weathers-Lowin dated 3/21/2013 re: This firm represents the Greenbaum and Acosta Plaintiffs in the above-referenced consolidated proceedings before your Honor. We also represents the Beer and Kirschenbaum Plaintiffs, who, as indicated in our letter to your Honor of March 19, filed claims to the properties herein at issue on March 16,2010 (ECF Dkt. Nos. 99, 101), and recently commenced turnover proceedings with respect to such properties, which we understand have been referred to your Honor. We write concerning the March 15, 2013, motion of claimants Sohrab Vahabzadeh, et al., (the "Vahabzadeh Claimants") for a hearing "to adjudicate the validity, amount and priority of their claims" to the properties here at issue (the "Motion") (ECF Dkt. No. 369). Significantly, the Motion was made mere hours after this Court held a status conference in the above-referenced proceedings, during which we understood your Honor to very clearly rule that the Court preferred not to entertain any motion practice concerning the validity or priority of competing claims to the subject properties until after trial. Counsel for the Vahabzadeh Claimants formally appeared at the March 15 status conference, yet counsel offered no objections to the Court's ruling and made no mention of the Motion. Given the Court's clear authority to manage its own docket, we believe the Court can and should deny the Motion, sua sponte, without prejudice to renewal at a later, more appropriate date after trial and upon further Order of the Court. We therefore do not intend to formally oppose the Motion at this juncture. However, should the Court wish to receive briefing on the Motion, we would be happy to confer with other plaintiffs' counsel in an effort to submit consolidated opposition papers for the Court's consideration. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(ago)
March 22, 2013 Filing 378 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Dennis George Pantazis to Appear Pro Hac Vice CORRECTED MOTION FOR ADMISSION PRO HAC VICE. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Havlish Plaintiffs. (Attachments: #1 Exhibit Ex A Certificate of Good Standing, #2 Text of Proposed Order Proposed Order)Filed In Associated Cases: 1:08-cv-10934-KBF et al.(Pantazis, Dennis) Modified on 3/26/2013 (wb).
March 21, 2013 Opinion or Order Filing 377 ORDER FOR ADMISSION PRO HAC VICE granting (371) Application for the Court to Request Counsel in case 1:08-cv-10934-KBF; granting [] Application for the Court to Request Counsel in case 1:09-cv-04614-KBF; granting [] Application for the Court to Request Counsel in case 1:09-cv-00553-KBF; granting [] Application for the Court to Request Counsel in case 1:09-cv-04784-KBF; granting [] Application for the Court to Request Counsel in case 1:09-cv-00564-KBF; granting [] Application for the Court to Request Counsel in case 1:09-cv-00165-KBF; granting [] Application for the Court to Request Counsel in case 1:09-cv-00166-KBF; granting [] Application for the Court to Request Counsel in case 1:10-cv-02464-KBF.The Motion of JAMES PATRICK McCOY, ESQUIRE for admission to practice Pro Hac Vice in the above-captioned matter is hereby GRANTED. Applicant has declared that he is a member in good standing of the bar of the Commonwealth of Pennsylvania, and the State of New Jersey. Applicant has requested admission Pro Hac Vice to appear for all purposes as counsel for the Havlish Plaintiffs, Judgment Creditors in the above-captioned action. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Katherine B. Forrest on 3/21/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(ago)
March 21, 2013 Filing 376 RULE 56.1 STATEMENT. Document filed by Renay Fryn, Stuart E. Hersh, Abraham Mendelson, Daniel Miller, Elana Rozenman, Noan Rozenman, Tzvi Rozenman, Deborah Rubin, Jenny Rubin, Renay Frym, Tzvi Rosenman, Elena Rozenman, Noam Rozenman, Abraham Mandelson. Filed In Associated Cases: 1:08-cv-10934-KBF, 1:09-cv-00165-KBF, 1:09-cv-00166-KBF(Goelman, Aitan)
March 21, 2013 Filing 375 DECLARATION of Aitan D. Goelman in Support re: (108 in 1:09-cv-00166-KBF) MOTION for Partial Summary Judgment Against the Assa Defendants.. Document filed by Renay Fryn, Stuart E. Hersh, Daniel Miller, Elana Rozenman, Noan Rozenman, Tzvi Rozenman, Deborah Rubin, Jenny Rubin, Renay Frym, Tzvi Rosenman, Elena Rozenman, Noam Rozenman, Abraham Mandelson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)Filed In Associated Cases: 1:08-cv-10934-KBF, 1:09-cv-00165-KBF, 1:09-cv-00166-KBF(Goelman, Aitan)
March 21, 2013 Filing 374 MEMORANDUM OF LAW in Support re: (108 in 1:09-cv-00166-KBF) MOTION for Partial Summary Judgment Against the Assa Defendants.. Document filed by Renay Fryn, Stuart E. Hersh, Daniel Miller, Elana Rozenman, Noan Rozenman, Tzvi Rozenman, Deborah Rubin, Jenny Rubin, Renay Frym, Tzvi Rosenman, Elena Rozenman, Noam Rozenman, Abraham Mandelson. Filed In Associated Cases: 1:08-cv-10934-KBF, 1:09-cv-00165-KBF, 1:09-cv-00166-KBF(Goelman, Aitan)
March 21, 2013 Filing 373 MOTION for Partial Summary Judgment Against the Assa Defendants. Document filed by Renay Fryn, Stuart E. Hersh, Abraham Mendelson, Daniel Miller, Elana Rozenman, Noan Rozenman, Tzvi Rozenman, Deborah Rubin, Jenny Rubin, Renay Frym, Tzvi Rosenman, Elena Rozenman, Noam Rozenman, Abraham Mandelson.Filed In Associated Cases: 1:08-cv-10934-KBF, 1:09-cv-00165-KBF, 1:09-cv-00166-KBF(Goelman, Aitan)
March 21, 2013 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #371 MOTION for James Patrick McCoy to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8337034. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bwa)
March 19, 2013 Filing 372 Letter addressed to Judge Katherine B. Forrest from Judy Peacock Goodwin dated 3/19/2013 re: We are counsel for Harry Beer, et al. and Jason Kirschenbaum, et al. in the above-referenced proceedings (the "Beer and Kirschenbaum Judgment Creditors"). The Beer and Kirschenbaum Judgment Creditors filed claims asserting claims to the assets at issue in this proceeding on March 16, 2010, and their miscellaneous proceedings were consolidated with In re 650 Fifth Avenue and Related Properties on November 27, 2012. See ECF Dkt. Nos. 99, 101, and 328. In light of the current procedural posture of the consolidated matters before the Court, the Beer and Kirschenbaum Judgment Creditors wish to inform the Court that they are filing complaints with the Court. The complaints will be labeled as related actions to the pending proceeding and recite allegations substantially similar to those raised by other judgment creditor plaintiffs. The Beer and Kirschenbaum Judgment Creditors are prepared to comply with all outstanding discovery and related scheduling deadlines already in place in these consolidated actions. The Beer and Kirschenbaum Judgment Creditors submit that the filing of the complaints at this time will promote judicial economy by avoiding the need to address the Beer and Kirschenbaum Judgment Creditors' claims and rights to the assets at issue in separate proceedings after the trial. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(ago)
March 19, 2013 Filing 371 MOTION for James Patrick McCoy to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8337034. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Havlish Plaintiffs. (Attachments: #1 Text of Proposed Order, #2 Exhibit A - Certificate of Good Standing (PA), #3 Exhibit B - Certificate of Good Standing (NJ))Filed In Associated Cases: 1:08-cv-10934-KBF et al.(McCoy, James) Modified on 3/21/2013 (bwa). Modified on 3/21/2013 (bwa).
March 15, 2013 Opinion or Order Filing 370 ORDER: Pursuant to F.R.C.P. 42(a). The Court hereby consolidates for trial the Government's civil forfeiture action and the Judgment Creditors' turnover actions. Not later than 4/15/2013, any parties wishing to object to the discovery produced by another party prior to the 4/1/2013, discovery deadline shall submit a letter to the Court (via PDF attached to ForrestNYSDChambers@nysd.uscourts.gov with a hard copy to follow). Any party wishing to respond to any such letter(s) shall do so not later than 4/19/2013. Upon oral motion the trial date in the consolidated matter is adjourned to 8/28/2013. (Discovery due by 4/1/2013.) (Signed by Judge Katherine B. Forrest on 3/15/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(tro)
March 15, 2013 Filing 369 MEMORANDUM OF LAW in Support re: #368 MOTION to Establish Procedure to Determine Validity, Amount and Priority of Claims.. Document filed by Djhanbani Family Members, Khoshkish Family Members, Khosrowshahi Family Members, Sohrab Vahabzadeh. (Sacks, Ira)
March 15, 2013 Filing 368 MOTION to Establish Procedure to Determine Validity, Amount and Priority of Claims. Document filed by Djhanbani Family Members, Khoshkish Family Members, Khosrowshahi Family Members, Sohrab Vahabzadeh.(Sacks, Ira)
March 15, 2013 Minute Entry for proceedings held before Judge Katherine B. Forrest: Status Conference held on 3/15/2013. (jp)
March 12, 2013 Filing 367 Letter addressed to Judge Katherine B. Forrest from Peter I. Livingston dated 3/1/2013 re: We represent Claimants/Defendants ASSA Corp. and ASSA Limited (collectively Defendants) and submit this letter in response to the letter dated February 15, 2013 submitted by the attorneys for the U.S. Government on its behalf and on behalf of the Judgment Creditors. The Defendants oppose the Plaintiffs request for a consolidated trial of the Governments forfeiture action with the Judgment Creditors attachment/turnover actions. For these reasons, Defendants respectfully submit that, in the interest of a fair resolution of the claims and respective defenses, the Court not order consolidation and instead determine the priority of the respective Plaintiffs claims.Filed In Associated Cases: 1:08-cv-10934-KBF et al.(ago)
March 12, 2013 Filing 366 Letter addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 3/1/2013 re: We respectfully submit this letter on behalf of the Alavi Foundation (the Foundation) and 650 Fifth Avenue Company (the Fifth Avenue Company) in accordance with the Courts order at the February 1, 2013 conference and in response to the Governments and private plaintiffs recent letters to the Court. For the following reasons, the Governments civil forfeiture action against the defendant-in-rem properties and the private plaintiffs judgment enforcement actions against the Foundation, the Fifth Avenue Company, Assa Corporation, and Assa Company Limited should not be consolidated for trial. Instead, the Court should consider the issue of priority i.e., whether the Government by way of its forfeiture action has a superior claim to defendant-in-rem properties than the private plaintiffs have to the defendants assets under the Terrorism Risk Insurance Act, or vice-versa and the matter with priority should be tried first. There is simply no need to have thirteen or more plaintiffs seeking essentially the same properties at trial when only the party or parties with priority, if successful, would be entitled to the properties. For the foregoing reasons, the Court should establish a briefing schedule on the legal issue of priority and the June 2013 trial should be limited to the claims having priority. The Governments and private parties request to consolidate the forfeiture action and the judgment enforcement actions for trial should be denied. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(ago)
March 6, 2013 Filing 365 AMENDED MOTION for Dennis George Pantazis to Appear Pro Hac Vice CORRECTED MOTION FOR ADMISSION PRO HAC VICE. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Havlish Plaintiffs. (Attachments: #1 Exhibit Ex A Certificate of Good Standing, #2 Text of Proposed Order Proposed Order)Filed In Associated Cases: 1:08-cv-10934-KBF et al.(Pantazis, Dennis)
March 6, 2013 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #352 MOTION for Dennis George Pantazis to Appear Pro Hac Vice Motion for Admission Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8240203. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): Missing Certificate of Good Standing. Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a valid Certificate of Good Standing from the state court issued within the past 30 days. (wb)
March 5, 2013 Opinion or Order Filing 487 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Ira S. Sacks dated 2/15/13 re: Counsel writes to address Claimants' unique position in the Action and to respond to Your Honor's order of February 1, 2013. Claimants are preparing a motion seeking a hearing to determine the validity and amount of their claims and will file then motion soon. Although the Court should adjudicate the forfeiture action first, the assets should not be distributed prior to a final adjudication or agreement as to the priority of claims between the government, judgement creditors, and claimants. ENDORSEMENT: Ordered: Post to docket. (Signed by Judge Katherine B. Forrest on 2/21/2013) (mro)
February 28, 2013 Opinion or Order Filing 364 ORDER: It has come to the Court's attention that above-referenced petition for turnover currently assigned to the Part I judge docket (the Estate of Michael Heiser action) is related to In Re 650 Fifth Avenue and Related Properties, 08 Civ. 10934 (KBF), a consolidated matter currently before Judge Forrest. In the interest of judicial economy, it is hereby Ordered that the miscellaneous case referenced above be transferred to Judge Forrest. The Clerk of Court is directed to transfer 13 Misc. 0071 to Judge Forrest. (Signed by Judge Katherine B. Forrest on 2/28/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
February 27, 2013 Opinion or Order Filing 363 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Kathleen A. Roberts dated 2/25/2013 re: Enclosed is the Monitor's Tenth Quarterly Report. ENDORSEMENT: Ordered. Post on docket. (Signed by Judge Katherine B. Forrest on 2/27/2013) (tro)
February 22, 2013 Filing 362 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/1/13 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...Filed In Associated Cases: 1:08-cv-10934-KBF et al.(Rodriguez, Somari)
February 22, 2013 Filing 361 TRANSCRIPT of Proceedings re: CONFERENCE held on 2/1/2013 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 3/18/2013. Redacted Transcript Deadline set for 3/28/2013. Release of Transcript Restriction set for 5/28/2013.Filed In Associated Cases: 1:08-cv-10934-KBF et al.(Rodriguez, Somari)
February 21, 2013 Filing 360 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Richard M. Kremen dated 2/20/13 re: Counsel for the Heisers wishes to inform the Court that they intend to file a turnover petition with the Court early next week and are prepared to comply with all outstanding discovery and related scheduling deadlines already. ENDORSEMENT: Post to docket. (Signed by Judge Katherine B. Forrest on 2/20/2013) (mro)
February 21, 2013 Filing 359 Letter addressed to Judge Katherine B. Forrest from Michael D. Lockard dated 2/15/13 re: The Government and the Judgment Creditors respectfully submit that, in the interests of efficient resolution of the claims and defenses in these consolidated proceedings, the Court should delay consideration of priority issues and hold a consolidated trial on the Forfeiture Action and the Judgment Creditor Actions. (mro)
February 21, 2013 Filing 358 Letter addressed to Judge Katherine B. Forrest from Ira S. Sacks dated 2/15/13 re: Counsel for the claimants writes to address claimants' unique position in the Action and to respond to Your Honor's order of 2/1/13. (mro)
February 21, 2013 Filing 357 Letter addressed to Judge Katherine B. Forrest from Ralph P. Dupont dated 2/15/13 re: The Hegnas movants wish to reserve the right to proceed with a motion for partial summary judgment in the Show Cause proceedings. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
February 21, 2013 Filing 356 Letter addressed to Judge Katherine B. Forrest from Dinesh H. Singhal dated 2/15/2013 Document filed by Anjuman-e-Haideri. RE: Third-Party Claimant Anjuman-e-Haideri d.b.a. Islamic Education Center (AEH) respectfully requests the court to abate/sever its claim in the captioned action. The United States forfeiture claims against The Alavi Foundation (Alavi) and other Defendants in this consolidated action are almost entirely distinct, both factually and legally from the leasehold and reimbursement claims of AEH, an innocent third-party claimant whose sole affiliation to Alavi is through its tenancy under a lease in the Houston property owned by Alavi. The United States claims against Alavi (and other defendants) are based on its claim that the property owned by Alavi is a property derived from proceeds traceable to IEEPA violations and/or from property involved in actual or attempted money laundering transactions. AEH has no knowledge or position regardingthese claims, and has nothing to contribute to this determination. AEH is merely seeking to affirm its leasehold and reimbursement claims for capital investments in the Houston property, in the event the Government is successful in its claims against Alavi. AEHs claims can easily be resolved or litigated after the trial between the United States and Alavi. As of yet, the United States has not indicated any objection to AEHs claims in this matter as further stated herein. For these reasons, AEH respectfully moves to abate/sever its leasehold interest and reimbursement claims from the Governments civil forfeiture action against the Defendants. AEH respectfully requests the Court to exercise its discretion to sever AEHs leasehold interest and reimbursement claims from the primary civil forfeiture action and stay them pending any finding of liability against Alavi. (ago)
February 19, 2013 Opinion or Order Filing 355 ORDER granting (350) Motion for Timothy B. Fleming to Appear Pro Hac Vice in case 1:08-cv-10934-KBF; granting [] Motion for Timothy B. Fleming to Appear Pro Hac Vice in case 1:09-cv-00165-KBF; granting [] Motion for Timothy B. Fleming to Appear Pro Hac Vice in case 1:09-cv-00166-KBF; granting [] Motion for Timothy B. Fleming to Appear Pro Hac Vice in case 1:09-cv-00553-KBF; granting [] Motion for Timothy B. Fleming to Appear Pro Hac Vice in case 1:09-cv-00564-KBF; granting [] Motion for Timothy B. Fleming to Appear Pro Hac Vice in case 1:09-cv-04614-KBF; granting [] Motion for Timothy B. Fleming to Appear Pro Hac Vice in case 1:09-cv-04784-KBF; granting [] Motion for Timothy B. Fleming to Appear Pro Hac Vice in case 1:10-cv-02464-KBF.The Motion of TIMOTHY BRIAN FLEMING, ESQUIRE for admission to practice ProHac Vice in the above-captioned matter is hereby GRANTED. Applicant has requested admission Pro Hac Vice to appear for all purposes as counsel for the Havlish Plaintiffs, Claimants in the above-captioned action. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys.(Signed by Judge Katherine B. Forrest on 2/15/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(ago)
February 19, 2013 Filing 354 NOTICE OF APPEARANCE by Melissa Rae Ginsberg on behalf of Alavi Foundation, 650 Fifth Avenue Company Filed In Associated Cases: 1:08-cv-10934-KBF et al.(Ginsberg, Melissa)
February 19, 2013 Filing 353 NOTICE OF APPEARANCE by Ian Michael Dumain on behalf of Alavi Foundation, 650 Fifth Avenue Company Filed In Associated Cases: 1:08-cv-10934-KBF et al.(Dumain, Ian)
February 15, 2013 Filing 352 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Dennis George Pantazis to Appear Pro Hac Vice Motion for Admission Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8240203. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Havlish Plaintiffs. (Attachments: #1 Exhibit Ex A Certificate of Good Standing, #2 Text of Proposed Order Proposed Order)Filed In Associated Cases: 1:08-cv-10934-KBF et al.(Pantazis, Dennis) Modified on 3/6/2013 (wb).
February 14, 2013 Filing 351 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Kathleen A. Roberts dated 2/14/2013 re: Request to extend time to 2/25/2013 to file the tenth quarterly Monitor's report. ENDORSEMENT: Application granted. (Signed by Judge Katherine B. Forrest on 2/14/2013) (cd)
February 14, 2013 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #350 MOTION for Timothy Brian Fleming to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8223722. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bwa)
February 11, 2013 Filing 350 MOTION for Timothy Brian Fleming to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8223722. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Havlish Plaintiffs. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order)Filed In Associated Cases: 1:08-cv-10934-KBF et al.(Fleming, Timothy)
February 1, 2013 Minute Entry for proceedings held before Judge Katherine B. Forrest: Oral Argument held on 2/1/2013. Associated Cases: 1:08-cv-10934-KBF et al.(jp)
February 1, 2013 Filing 349 Letter addressed to Judge Katherine B. Forrest from Donald F. Luke dated 1/31/2013 re: counsel for Defendants write in advance of tomorrow morning's hearing to address two items included in Your Honor's order of yesterday. We respectfully request that the Court direct the Government to provide Bates numbers for the missing documents (or copies of the documents, to the extent that such documents have not yet been produced) as well as the translations thereof (where appropriate) on or before February 6, 2013. Document filed by ASSA Company Limited, ASSA Corporation.(pl)
February 1, 2013 Opinion or Order Filing 348 ORDER: denying (317) Motion to Authorize ; denying (323) Motion to Authorize in case 1:08-cv-10934-KBF; denying (74) Motion to Authorize in case 1:09-cv-00165-KBF; denying (75) Motion to Authorize in case 1:09-cv-00166-KBF; denying (103) Motion to Authorize in case 1:09-cv-00553-KBF; denying (82) Motion to Authorize in case 1:09-cv-00564-KBF; denying (64) Motion to Authorize in case 1:10-cv-02464-KBF; denying (90) Motion to Authorize ; denying [] Motion to Authorize ; denying [] Motion to Authorize ; denying [] Motion to Authorize ; denying [] Motion to Authorize in case 1:08-cv-10934-KBF; denying [] Motion to Authorize ; denying [] Motion to Authorize ; denying [] Motion to Authorize ; denying [] Motion to Authorize ; denying [] Motion to Authorize ; denying [] Motion to Authorize ; denying [] Motion to Authorize in case 1:09-cv-04614-KBF; denying [] Motion to Authorize ; denying [] Motion to Authorize ; denying [] Motion to Authorize ; denying [] Motion to Authorize ; denying [] Motion to Authorize ; denying [] Motion to Authorize in case 1:09-cv-00553-KBF; denying [] Motion to Authorize ; denying [] Motion to Authorize ; denying [] Motion to Authorize ; denying [] Motion to Authorize ; denying [] Motion to Authorize ; denying [] Motion to Authorize ; denying [] Motion to Authorize in case 1:09-cv-04784-KBF; denying [] Motion to Authorize ; denying [] Motion to Authorize ; denying (100) Motion to Authorize ; denying (84) Motion to Authorize ; denying [] Motion to Authorize ; denying (78) Motion to Authorize in case 1:09-cv-00564-KBF; denying [] Motion to Authorize ; denying [] Motion to Authorize ; denying [] Motion to Authorize ; denying [] Motion to Authorize ; denying (64) Motion to Authorize ; denying [] Motion to Authorize in case 1:09-cv-00165-KBF; denying [] Motion to Authorize ; denying [] Motion to Authorize ; denying [] Motion to Authorize ; denying [] Motion to Authorize ; denying (73) Motion to Authorize ; denying (69) Motion to Authorize in case 1:09-cv-00166-KBF; denying [] Motion to Authorize ; denying [] Motion to Authorize ; denying [] Motion to Authorize ; denying (69) Motion to Authorize ; denying [] Motion to Authorize ; denying (68) Motion to Authorize in case 1:10-cv-02464-KBF; denying [] Motion to Authorize ; denying [] Motion to Authorize ; denying [] Motion to Authorize ; denying [] Motion to Authorize ; denying [] Motion to Authorize ; denying [] Motion to Authorize ; denying [] Motion to Authorize in case 1:11-cv-01610-KBF; denying [] Motion to Authorize ; denying [] Motion to Authorize ; denying [] Motion to Authorize ; denying [] Motion to Authorize ; denying [] Motion to Authorize ; denying [] Motion to Authorize ; denying [] Motion to Authorize in case 1:11-cv-01607-KBF. For the reasons stated in the Court's Order of January 30, 2013 (ECF No. 344) and on the record at the February 1, 2013, hearing, the Court DENIES the pending motions for execution. The Government shall provide a letter to the court and all parties no later than Friday, February 8, 2013 (via email as a PDF attachment to ForrestNYSDChambers@nysd.uscourts.gov, with copies to all counsel), as to the status of unclassified ESI and when discovery of that material will be produced to defendants. All document discovery shall close on April 1, 2013. The parties shall appear for a status conference on March 15, 2013, at 10:00 a.m. The Clerk of Court is directed to close the following motions as denied: (1) 08 Civ. 10934, ECF No. 317; (2) 08 Civ. 10934, ECF No. 323; (3) 09 Civ. 553, ECF No. 103; (4) 09 Civ. 564, ECF No. 82; (5) 10 Civ. 2464, ECF No. 64; (6) 12 MC 20, ECF No.3; (7) 12 MC 21, ECF No.5; (8) 12 MC 19, ECF No.3; (9) 12 MC 22, ECF No.5;(10) 09 Civ. 0165, ECF No. 74; (11) 09 Civ. 0166, ECF No. 75.. (Signed by Judge Katherine B. Forrest on 2/1/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(pl)
February 1, 2013 Filing 347 Letter addressed to Judge Katherine B. Forrest from PREET BHARARA dated 1/31/2013 re: counsel for Plaintiff respectfully submit this letter to provide the Court and parties with an update concerning the production of records in this matter from files maintained by the Federal Bureau of Investigation. Document filed by United States of America.(pl)
January 31, 2013 Opinion or Order Filing 346 ORDER FOR ADMISSION FOR PRO HAC VICE granting #345 Motion for Thomas E. Mellon, III to Appear Pro Hac Vice. The Motion of THOMAS EDWARD MELLON, III, ESQUIRE for admission to practice Pro Hac Vice in the above-captioned matter is hereby GRANTED. Applicant has requested admission Pro Hac Vice to appear for all purposes as counsel for the Havlish Plaintiffs, Claimant, in the above-captioned action. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys,(Signed by Judge Katherine B. Forrest on 1/31/2013) (ago)
January 30, 2013 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #345 MOTION for Thomas Edward Mellon, III to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8190188. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bwa)
January 30, 2013 Filing 345 MOTION for Thomas Edward Mellon, III to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8190188. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Havlish Plaintiffs. (Attachments: #1 Text of Proposed Order Proposed Order for Admission, #2 Exhibit Cerificate of Good Standing)(Mellon, Thomas)
January 30, 2013 Opinion or Order Filing 344 ORDER: In advance of the oral argument in the above-captioned matter scheduled for Friday, February 1, 2013, at 10:30 a.m., the Court issues the following tentative ruling on the pending motions for execution as further set forth in this order.The parties may address this tentative ruling at the hearing on February 1, 2013. However, the Court is more interested in (1) the status of discovery, and (2) whether summary judgment motions are likely (and how soon). (Signed by Judge Katherine B. Forrest on 1/30/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(lmb)
January 30, 2013 Opinion or Order Filing 343 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Ralph P. Dupont and Barbara J. Dupont dated 1/18/2013 re: We write as counsel for the Hegna- Movants in the pending Show Cause Order matter. No, 11 Civ. 3761. This letter is in response to the Court's suggestion to counsel at the November 9, 2012 status conference that your Honor wishes, to accept relevant comment from all counsel in the above captioned cases. ENDORSEMENT: Clerk to post letter to the docket. (Signed by Judge Katherine B. Forrest on 1/30/2013) (lmb)
January 18, 2013 Filing 342 JOINT REPLY MEMORANDUM OF LAW in Support re: (64 in 1:10-cv-02464-KBF, 82 in 1:09-cv-00564-KBF, 317 in 1:08-cv-10934-KBF, 103 in 1:09-cv-00553-KBF) JOINT MOTION to Authorize Execuition Pursuant To 28 USC 1610 (C).JOINT MOTION to Authorize Execuition Pursuant To 28 USC 1610 (C). : The Greenbaum, Acosta, Beer And Kirschenbaum Judgment Creditors' Joint Reply Memorandum Of Law In Further Support Of Their Joint Applications Pursuant To 28 U.S.C. 1610(C) For Orders Authorizing Execution And Response To The Rubin Plaintiffs' Application For Order Authorizing Execution. Document filed by Carlos Acosta, Maria Acosta, Steven M. Greenbaum. Filed In Associated Cases: 1:08-cv-10934-KBF, 1:09-cv-00553-KBF, 1:09-cv-00564-KBF, 1:10-cv-02464-KBF(Mechling, Curtis)
January 18, 2013 Filing 341 REPLY MEMORANDUM OF LAW in Support re: (323 in 1:08-cv-10934-KBF, 74 in 1:09-cv-00165-KBF, 75 in 1:09-cv-00166-KBF) MOTION to Authorize Execution.. Document filed by Renay Fryn, Abraham Mendelson, Daniel Miller, Elana Rozenman, Noan Rozenman, Tzvi Rozenman, Deborah Rubin, Jenny Rubin, Renay Frym, Stuart E. Hersh, Tzvi Rosenman, Elena Rozenman, Noam Rozenman, Abraham Mandelson. Filed In Associated Cases: 1:08-cv-10934-KBF, 1:09-cv-00165-KBF, 1:09-cv-00166-KBF(Goelman, Aitan)
January 18, 2013 Filing 340 SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: #323 MOTION to Authorize Execution., #317 JOINT MOTION to Authorize Execuition Pursuant To 28 USC 1610 (C).JOINT MOTION to Authorize Execuition Pursuant To 28 USC 1610 (C).. Document filed by ASSA Company Limited, ASSA Corporation. (Livingston, Peter)
January 18, 2013 Filing 339 RESPONSE in Opposition re: (64 in 1:10-cv-02464-KBF, 82 in 1:09-cv-00564-KBF, 317 in 1:08-cv-10934-KBF, 103 in 1:09-cv-00553-KBF) JOINT MOTION to Authorize Execuition Pursuant To 28 USC 1610 (C).JOINT MOTION to Authorize Execuition Pursuant To 28 USC 1610 (C)., (323 in 1:08-cv-10934-KBF, 74 in 1:09-cv-00165-KBF, 75 in 1:09-cv-00166-KBF) MOTION to Authorize Execution.. Document filed by 650 Fifth Avenue Company, Alavi Foundation. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(Ruzumna, Daniel)
January 18, 2013 Opinion or Order Filing 338 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Donald F. Luke dated 1/11/2013 re: Counsel to Assa Corp. and Assa Limited, defendants in the above-captioned action writes to request that the Court order the Government to produce by January 18, 2013 (i) chart containing the Bates numbers of each document referenced or referred to in the Amended Complaint and (ii) the English translation of the entirety of any foreign language document that is excerpted in English in the Amended Complaint. ENDORSEMENT: Ordered. The Government never responded to this discovery issue. The relief requested is granted with modifications that such production shall occur not later than c.o.b. 1/25/13. (Signed by Judge Katherine B. Forrest on 1/18/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(ago)
January 14, 2013 Filing 337 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 11/9/12 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...Filed In Associated Cases: 1:08-cv-10934-KBF et al.(Rodriguez, Somari)
January 14, 2013 Filing 336 TRANSCRIPT of Proceedings re: CONFERENCE held on 11/9/2012 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Eve Giniger, (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 2/7/2013. Redacted Transcript Deadline set for 2/19/2013. Release of Transcript Restriction set for 4/18/2013.Filed In Associated Cases: 1:08-cv-10934-KBF et al.(Rodriguez, Somari)
January 11, 2013 Filing 335 NOTICE OF CHANGE OF ADDRESS by Stephen A. Corr on behalf of Havlish Plaintiffs. New Address: Stark & Stark, 777 Township Line Road, Yardley, PA, USA 19067, 267-907-9600. (Corr, Stephen)
January 4, 2013 Filing 334 RESPONSE to Motion re: (64 in 1:10-cv-02464-KBF, 82 in 1:09-cv-00564-KBF, 317 in 1:08-cv-10934-KBF, 103 in 1:09-cv-00553-KBF) JOINT MOTION to Authorize Execuition Pursuant To 28 USC 1610 (C).JOINT MOTION to Authorize Execuition Pursuant To 28 USC 1610 (C)., (323 in 1:08-cv-10934-KBF, 74 in 1:09-cv-00165-KBF, 75 in 1:09-cv-00166-KBF) MOTION to Authorize Execution.. Document filed by United States of America. Filed In Associated Cases: 1:08-cv-10934-KBF et al.(Lockard, Michael)
December 27, 2012 Opinion or Order Filing 333 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Kathleen A. Roberts dated 12/26/2012 re: I am writing to request an extension of time to January 31, 2013, in which to file the tenth quarterly Monitor's report required by the Court's April 28, 2010 Order. ENDORSEMENT: Extension to file the tenth quarterly report to 1/31/2013 granted. (Signed by Judge Katherine B. Forrest on 12/27/2012) (djc)
December 19, 2012 Filing 332 NOTICE OF CHANGE OF ADDRESS by Ira Stephen Sacks on behalf of Djhanbani Family Members, Khoshkish Family Members, Khosrowshahi Family Members, Sohrab Vahabzadeh. New Address: Akerman Senterfitt LLP, 335 Madison Ave., 26th floor, New York, NY, USA 10017, 212 880 3800. (Sacks, Ira)
December 3, 2012 Opinion or Order Filing 331 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Kathleen A. Roberts dated 11/26/2012 re: I am writing pursuant to the Court's April 28, 2010 Order for Appointment of Monitor to request that the Court approve payment of the fees incurred by me as Court-appointed Monitor, as set forth in detail in the attached invoices to the Alavi Foundation, totaling $5,764.00, and to 650 Fifth Avenue Company, totaling $32,846.00. ENDORSEMENT: Approved. Post on docket. (Signed by Judge Katherine B. Forrest on 12/3/2012) (djc)
November 28, 2012 Opinion or Order Filing 330 STIPULATED PROTECTIVE ORDER GOVERNING DISCLOSURE OF PRIVACY ACT INFORMATION...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Katherine B. Forrest on 11/28/2012) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(ja)
November 27, 2012 Filing 329 Letter addressed to Judge Katherine B. Forrest from Curtis C. Mechling dated 11/20/2012 re: Counsel request the Court's clarification as to which scheduling order applies to the Beer and Kirschenbaum 1610(c) application. Document filed by Carlos Acosta, Maria Acosta, Steven M. Greenbaum.(ft)
November 27, 2012 Opinion or Order Filing 328 ORDER. It has come to the Court's attention that several registration of foreign judgment actions currently assigned to the Part I judge docket (the Beer and Kirschenbaum actions) are related to In Re 650 Fifth Avenue and Related Properties, 08 Civ. 10934 (KBF), a consolidated matter currently before Judge Forrest. In the interest of judicial economy, it is hereby ORDERED that the four miscellaneous cases referenced above be transferred to Judge Forrest. The briefing schedule for any motion(s) for execution filed in these cases will follow the schedule set forth in the consolidated action, 08 Civ. 10934. (Dkt. No. 327.) Any conflicting schedules for motion(s) for execution are hereby vacated. The Clerk of Court is directed to transfer the following cases to Judge Forrest, to reopen any currently in closed status, and to designate the cases as related to 08 Civ. 10934: 12 Misc. 0019, 12 Misc. 0020, 12 Misc. 0021, and 12 Misc. 0022. (Signed by Judge Katherine B. Forrest on 11/27/2012) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(rjm)
November 13, 2012 Opinion or Order Filing 327 ORDER: The government shall file any response(s) to the pending motions to authorize execution no later than January 4.2013. All other parties may file responses no later than January 18, 2013.The parties shall appear for oral argument on the pending motions on February 1, 2013. at 10:30 a.m. The Court's December 14, 2012, deadline for any motion(s) for severance or consolidation is held in abeyance. All other dates as set forth in the Court's Scheduling Order of October 12, 2012 (Docket No. 316), remain in effect. ( Responses due by 1/18/2013, Oral Argument set for 2/1/2013 at 10:30 AM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 11/13/2012) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(cd)
November 9, 2012 Minute Entry for proceedings held before Judge Katherine B. Forrest: Oral Argument held on 11/9/2012. (jp)
November 8, 2012 Filing 326 MEMORANDUM OF LAW in Opposition re: (64 in 1:10-cv-02464-KBF, 82 in 1:09-cv-00564-KBF, 317 in 1:08-cv-10934-KBF, 103 in 1:09-cv-00553-KBF) JOINT MOTION to Authorize Execuition Pursuant To 28 USC 1610 (C).JOINT MOTION to Authorize Execuition Pursuant To 28 USC 1610 (C).. Document filed by Renay Fryn, Stuart E. Hersh, Abraham Mendelson, Daniel Miller, Elana Rozenman, Noan Rozenman, Tzvi Rozenman, Deborah Rubin, Jenny Rubin. Filed In Associated Cases: 1:08-cv-10934-KBF, 1:09-cv-00553-KBF, 1:09-cv-00564-KBF, 1:10-cv-02464-KBF(Goelman, Aitan)
November 8, 2012 Filing 325 DECLARATION of Aitan D. Goelman in Support re: (323 in 1:08-cv-10934-KBF, 74 in 1:09-cv-00165-KBF, 75 in 1:09-cv-00166-KBF) MOTION to Authorize Execution.. Document filed by Renay Frym, Stuart E. Hersh, Tzvi Rosenman, Elena Rozenman, Noam Rozenman, Deborah Rubin, Jenny Rubin, Abraham Mandelson, Daniel Miller. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)Filed In Associated Cases: 1:08-cv-10934-KBF, 1:09-cv-00165-KBF, 1:09-cv-00166-KBF(Goelman, Aitan)
November 8, 2012 Filing 324 MEMORANDUM OF LAW in Support re: (323 in 1:08-cv-10934-KBF, 74 in 1:09-cv-00165-KBF, 75 in 1:09-cv-00166-KBF) MOTION to Authorize Execution.. Document filed by Renay Frym, Stuart E. Hersh, Tzvi Rosenman, Elena Rozenman, Noam Rozenman, Deborah Rubin, Jenny Rubin, Abraham Mandelson, Daniel Miller. Filed In Associated Cases: 1:08-cv-10934-KBF, 1:09-cv-00165-KBF, 1:09-cv-00166-KBF(Goelman, Aitan)
November 8, 2012 Filing 323 MOTION to Authorize Execution. Document filed by Stuart E. Hersh, Tzvi Rosenman, Elena Rozenman, Noam Rozenman, Deborah Rubin, Jenny Rubin, Abraham Mandelson, Daniel Miller.Filed In Associated Cases: 1:08-cv-10934-KBF, 1:09-cv-00165-KBF, 1:09-cv-00166-KBF(Goelman, Aitan)
November 7, 2012 Filing 322 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Michael D. Lockard dated 11/5/12 re: Counsel for the Government requests an extension of time to respond to the motion for writ of execution until 11/21/12. ENDORSEMENT: Application granted. Set Deadlines/Hearing as to #317 JOINT MOTION to Authorize Execution Pursuant To 28 USC 1610 (C).JOINT MOTION to Authorize Execution Pursuant To 28 USC 1610 (C):( Responses due by 11/21/2012) (Signed by Judge Katherine B. Forrest on 11/6/2012) (mro)
November 6, 2012 Filing 321 DECLARATION of Donald F. Luke in Opposition re: (64 in 1:10-cv-02464-KBF, 82 in 1:09-cv-00564-KBF, 317 in 1:08-cv-10934-KBF, 103 in 1:09-cv-00553-KBF) JOINT MOTION to Authorize Execuition Pursuant To 28 USC 1610 (C).JOINT MOTION to Authorize Execuition Pursuant To 28 USC 1610 (C).. Document filed by ASSA Company Limited, Assa Corp., Assa Co. Ltd., Assa Corp.. Filed In Associated Cases: 1:08-cv-10934-KBF, 1:09-cv-00553-KBF, 1:09-cv-00564-KBF, 1:10-cv-02464-KBF(Luke, Donald)
November 5, 2012 Filing 320 RESPONSE in Opposition re: (64 in 1:10-cv-02464-KBF, 82 in 1:09-cv-00564-KBF, 317 in 1:08-cv-10934-KBF, 103 in 1:09-cv-00553-KBF) JOINT MOTION to Authorize Execuition Pursuant To 28 USC 1610 (C).JOINT MOTION to Authorize Execuition Pursuant To 28 USC 1610 (C).. Document filed by 650 Fifth Avenue Company, Alavi Foundation. Filed In Associated Cases: 1:08-cv-10934-KBF, 1:09-cv-00553-KBF, 1:09-cv-00564-KBF, 1:10-cv-02464-KBF(Ruzumna, Daniel)
October 23, 2012 Filing 319 MEMORANDUM OF LAW in Support re: (64 in 1:10-cv-02464-KBF) JOINT MOTION to Authorize Execuition Pursuant To 28 USC 1610 (C).JOINT MOTION to Authorize Execuition Pursuant To 28 USC 1610 (C).. Document filed by Carlos Acosta, Maria Acosta, Steven M. Greenbaum, Steven M. Greenbaum, Steven M. Greenbaum, Steven M. Greenbaum, Steven M. Greenbaum, Steven M. Greenbaum. Filed In Associated Cases: 1:08-cv-10934-KBF, 1:09-cv-00553-KBF, 1:09-cv-00564-KBF, 1:10-cv-02464-KBF(Mechling, Curtis)
October 23, 2012 Filing 318 DECLARATION of Curtis C. Mechling in Support re: (64 in 1:10-cv-02464-KBF) JOINT MOTION to Authorize Execuition Pursuant To 28 USC 1610 (C).JOINT MOTION to Authorize Execuition Pursuant To 28 USC 1610 (C).. Document filed by Carlos Acosta, Maria Acosta, Steven M. Greenbaum, Steven M. Greenbaum, Steven M. Greenbaum, Steven M. Greenbaum, Steven M. Greenbaum, Steven M. Greenbaum. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)Filed In Associated Cases: 1:08-cv-10934-KBF, 1:09-cv-00553-KBF, 1:09-cv-00564-KBF, 1:10-cv-02464-KBF(Mechling, Curtis)
October 23, 2012 Filing 317 JOINT MOTION to Authorize Execuition Pursuant To 28 USC 1610 (C). Document filed by Carlos Acosta, Maria Acosta, Steven M. Greenbaum, Steven M. Greenbaum, Steven M. Greenbaum, Steven M. Greenbaum, Steven M. Greenbaum, Steven M. Greenbaum.Filed In Associated Cases: 1:08-cv-10934-KBF, 1:09-cv-00553-KBF, 1:09-cv-00564-KBF, 1:10-cv-02464-KBF(Mechling, Curtis)
October 12, 2012 Opinion or Order Filing 316 SCHEDULING ORDER: In light of the Government's responses to this Court's Order of September 10, 2012, and its representation that it is producing documents on a rolling basis, the schedule in these actions is hereby modified as follows: As set forth in this Order. SO ORDERED. Motions due by 5/1/2013. Responses due by 5/20/2013 Replies due by 5/27/2013. Fact Discovery due by 5/1/2013. Expert Discovery due by 5/1/2013. Status Conference set for 11/9/2012 at 03:00 PM before Judge Katherine B. Forrest. Pretrial Order due by 5/27/2013. Ready for Trial by 6/3/2013. (Signed by Judge Katherine B. Forrest on 10/12/2012) (ama)
October 12, 2012 Filing 315 Letter addressed to Judge Katherine B. Forrest from Sharon Cohen Levin dated 10/11/2012 re: The Government writes respectfully in response to the Court's question, communicated via the Order at Docket Entry 314 earlier today, concerning the processing and production of electronically stored information, or "ESI.". Document filed by United States of America.(pl)
October 9, 2012 Opinion or Order Filing 314 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Sharon Cohen Levin dated 10/5/2012 re: Counsel for the Government respectfully submits this letter pursuant to the Court's October 3, 2012, order directing a further status update concerning the time to produce electronically stored information ("ESI") from the FBI following the search procedures discussed in our October 1, 2012, letter. Accordingly, the FBI estimates that the review and production of ESI under the modified approach will still require approximately 4 to 5 months from the end of paper record production, because even though the total number of pages has been reduced, the proportion of those records that come from classified systems is much higher than originally estimated. ENDORSEMENT: Please respond to the following: why must the declassification await the end of paper production? Why can't it be done on a rolling basis? Respond by 10/11/2012 C.O.B. (Signed by Judge Katherine B. Forrest on 10/9/2012) (pl)
October 3, 2012 Filing 313 ENDORSED LETTER addressed to Judge Katherine B Forrest from Kathleen A Roberts dated 10/2/2012 re: request to extend time to file the ninth quarterly monitor's report. ENDORSEMENT: Application granted. Time to file report extended to 10/19/2012. (Signed by Judge Katherine B. Forrest on 10/3/2012) (cd)
October 3, 2012 Filing 312 ENDORSED LETTER addressed to Judge Katherine B Forrest from Michael D Lockard dated 10/1/2012 re: The parties propose an ESI search methodology as set forth in this letter. ENDORSEMENT: Please set forth dates certain when this modified approach would allow full productions to be completed; submit a letter by 10/5/2012. (Signed by Judge Katherine B. Forrest on 10/3/2012) (cd)
October 1, 2012 Filing 311 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Sharon Cohen Levin dated 9/27/2012 re: The Government respectfully requests a brief extension until October 1, 2012 to report to the Court regarding (1) the proposed search volume and the timeframe for review for electronic documents in the above captioned matter and (2) a proposed method of "sampling" the remainder of the ESI materials for responsiveness. ENDORSEMENT: Application granted. (Signed by Judge Katherine B. Forrest on 9/28/2012) (jfe)
September 24, 2012 Opinion or Order Filing 310 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Kathleen A. Roberts dated 9/19/2012 re: Counsel writes pursuant to the Court's April 28, 2010 Order for Appointment of Monitor to request that the Court approve payment of the fees incurred by counsel as Court-appointed Monitor, as set forth in detail in the attached invoices to the Alavi Foundation, totaling $2,464.00, and to 6S0 Fifth Avenue Company, totaling $24,002.00. ENDORSEMENT: Application granted. (Signed by Judge Katherine B. Forrest on 9/24/2012) (jfe)
September 19, 2012 Filing 309 TRANSCRIPT of Proceedings re: CONFERENCE held on 9/7/2012 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Thomas Murray, (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 10/15/2012. Redacted Transcript Deadline set for 10/25/2012. Release of Transcript Restriction set for 12/21/2012.Filed In Associated Cases: 1:08-cv-10934-KBF et al.(McGuirk, Kelly)
September 19, 2012 Filing 308 TRANSCRIPT of Proceedings re: CONFERENCE held on 9/7/2012 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Thomas Murray, (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 10/15/2012. Redacted Transcript Deadline set for 10/25/2012. Release of Transcript Restriction set for 12/21/2012.Filed In Associated Cases: 1:08-cv-10934-KBF et al.(McGuirk, Kelly)
September 10, 2012 Opinion or Order Filing 307 SCHEDULING ORDER: As stated at the status conference of September 7, 2012, it is hereby ORDERED: Motions due by 4/1/2013. Responses due by 5/1/2013 Replies due by 5/15/2013. Fact Discovery due by 3/29/2013. Expert Discovery due by 4/30/2013. Discovery due by 1/31/2013. Status Conference set for 11/9/2012 at 03:00 PM before Judge Katherine B. Forrest. Ready for Trial by 6/3/2013. SO ORDERED. (Signed by Judge Katherine B. Forrest on 9/10/2012) (ama)
September 10, 2012 Filing 306 Letter addressed to Judge Katherine B. Forrest from Michael D. Lockard dated 8/24/2012 re: The Government respectfully writes to provide the Court with a status update concerning discovery proceedings in this matter, following up on our letter of August 6,2012. Document filed by United States of America.(ama)
September 7, 2012 Minute Entry for proceedings held before Judge Katherine B. Forrest: Status Conference held on 9/7/2012. Associated Cases: 1:08-cv-10934-KBF et al.(jp)
September 6, 2012 Filing 305 NOTICE OF APPEARANCE by Annureet Kaur Grewal on behalf of Deborah D Peterson, Personal Representative (Grewal, Annureet)
August 31, 2012 Filing 304 NOTICE OF APPEARANCE by Robert Gitelman on behalf of ASSA Company Limited, ASSA Corporation (Gitelman, Robert)
August 30, 2012 Opinion or Order Filing 303 ORDER: Having reviewed the Government's letter dated 8/24/2012, the Court orders as follows: 1. The time frame of up to 12 months for document review will not work. 2. The parties are directed to confer immediately on the custodians and ESI that have resulted in 200,000 pages and attempt to limit the number of custodians and/or limit keyword search terms in an effort to decrease the overall volume. 3. The parties shall report to the Court on the results of such efforts and whether the review schedule can be sped up by September 12, 2012. (Signed by Judge Katherine B. Forrest on 8/30/2012) (ama)
August 27, 2012 Opinion or Order Filing 302 ORDER FOR ADMISSION PRO HAC VICE. Peter R. Kolker, having requested admission pro hac vice to appear for all purposes as counsel for Plaintiffs Jenny Rubin, Deborah Rubin, Stuart E. Hersh, Renay Frym, Noam Rozenman, Elena Rozenman, Tzvi Rozenman, Daniel Miller and Abraham Mendelson, is admitted to practice pro hac vice. (Signed by Judge Katherine B. Forrest on 8/27/2012) Filed In Associated Cases: 1:08-cv-10934-KBF, 1:09-cv-00165-KBF, 1:09-cv-00166-KBF(jar)
August 27, 2012 Filing 301 ANSWER to #293 Amended Complaint,. Document filed by 650 Fifth Avenue Company, Alavi Foundation.(Ruzumna, Daniel)
August 27, 2012 Filing 300 ANSWER to #292 Amended Complaint,. Document filed by 650 Fifth Avenue Company, Alavi Foundation.(Ruzumna, Daniel)
August 19, 2012 Filing 298 Letter addressed to Judge Katherine B. Forrest from Degorah B. Koplovitz dated 7/27/2012 re: This firm represents Assa Corp. ("Assa Corp.") and Assa Limited s/h/a Assa Co. Ltd. ("ACL") in the above-named actions. We have reviewed the motion to amend by the Rubin Plaintiffs, and the Alavi Foundation and 650 Fifth Avenue Company's opposition to same. We respectfully submit this letter with respect to that motion in light of footnote 2 of the motion to amend. Document filed by ASSA Corporation.(djc)
August 17, 2012 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #297 MOTION for Peter R. Kolker to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7744517. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (bwa)
August 17, 2012 Filing 297 MOTION for Peter R. Kolker to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7744517. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Renay Frym, Stuart E. Hersh, Tzvi Rosenman, Elena Rozenman, Noam Rozenman, Deborah Rubin, Jenny Rubin, Abraham Mandelson, Daniel Miller. (Attachments: #1 Exhibit Certificates of Good Standing, #2 Text of Proposed Order)Filed In Associated Cases: 1:08-cv-10934-KBF, 1:09-cv-00165-KBF, 1:09-cv-00166-KBF(Kolker, Peter)
August 14, 2012 Filing 296 ANSWER to 255 Amended Complaint. Document filed by 650 Fifth Avenue Company, Alavi Foundation.(Ruzumna, Daniel)
August 14, 2012 Filing 295 ANSWER to Complaint. Document filed by 650 Fifth Avenue Company, Alavi Foundation.(Ruzumna, Daniel)
August 14, 2012 Filing 294 ANSWER to Complaint. Document filed by 650 Fifth Avenue Company, Alavi Foundation.(Ruzumna, Daniel)
August 13, 2012 ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Noah David Solowiejczyk for noncompliance with Section 14.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #292 Amended Complaint, #293 Amended Complaint to: caseopenings@nysd.uscourts.gov. (pl)
August 13, 2012 Filing 293 AMENDED COMPLAINT amending #1 Complaint, against 650 Fifth Avenue Company, Alavi Foundation, Assa Corp..Document filed by Daniel Miller, Abraham Mendelson. Related document: #1 Complaint,,, filed by United States of America.(pl) (Additional attachment(s) added on 8/16/2012: #1 exh a, #2 exh b, #3 exh c, #4 exh d) (laq).
August 13, 2012 Filing 292 AMENDED COMPLAINT amending #1 Complaint,,, against 650 Fifth Avenue Company, ASSA Company Limited, Alavi Foundation, ASSA Corporation.Document filed by Elana Rozenman, Deborah Rubin, Tzvi Rozenman, Renay Fryn, Stuart E. Hersh, Noan Rozenman, Jenny Rubin. Related document: #1 Complaint,,, filed by United States of America.(pl) (Additional attachment(s) added on 8/16/2012: #1 exh a, #2 exh b, #3 exh c, #4 exh d) (laq).
August 9, 2012 Opinion or Order Filing 291 ORDER granting (276) Motion for Leave to File Document in case 1:08-cv-10934-KBF; granting (54) Motion for Leave to File Document in case 1:09-cv-00165-KBF; granting (55) Motion for Leave to File Document in case 1:09-cv-00166-KBF; granting (64) Motion for Leave to File Document; granting (51) Motion for Leave to File Document in case 1:08-cv-10934-KBF; granting [] Motion for Leave to File Document; granting [] Motion for Leave to File Document; granting [] Motion for Leave to File Document in case 1:09-cv-04614-KBF; granting [] Motion for Leave to File Document; granting [] Motion for Leave to File Document; granting [] Motion for Leave to File Document in case 1:09-cv-00553-KBF; granting [] Motion for Leave to File Document; granting [] Motion for Leave to File Document; granting [] Motion for Leave to File Document in case 1:09-cv-04784-KBF; granting [] Motion for Leave to File Document; granting (73) Motion for Leave to File Document; granting [] Motion for Leave to File Document in case 1:09-cv-00564-KBF; granting [] Motion for Leave to File Document; granting [] Motion for Leave to File Document in case 1:09-cv-00165-KBF; granting [] Motion for Leave to File Document; granting [] Motion for Leave to File Document in case 1:09-cv-00166-KBF; granting [] Motion for Leave to File Document; granting [] Motion for Leave to File Document; granting [] Motion for Leave to File Document in case 1:10-cv-02464-KBF. Having reviewed the parties' submissions on the Rubin Plaintiffs, motion for leave to file an amended complaint, the Court hereby GRANTS that motion, provided that such amendment does not affect the Rubin Plaintiff's compliance with the current scheduling order. No extensions of that schedule shall be granted as a result of the amendment. Additional relief as set forth in this Order. (Signed by Judge Katherine B. Forrest on 8/8/2012) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(pl)
August 8, 2012 Filing 290 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Sharon Cohen Levin dated 8/6/2012 re: The Government respectfully writes to provide the Court with a status update concerning discovery proceedings in this matter, following up on our letter of June 11, 2012, and the conference in this matter held on June 22, 2012. This letter will focus on the status of production of records from the Federal Bureau of Investigation ("FBI"), the lead investigating agency in this case. ENDORSEMENT: Please provide a good faith and expeditious time frame for completion so that all dates can be set and/or adjusted for the overall case. (Signed by Judge Katherine B. Forrest on 8/8/2012) (lmb)
August 3, 2012 Filing 289 REPLY MEMORANDUM OF LAW in Support re: (54 in 1:09-cv-00165-KBF, 276 in 1:08-cv-10934-KBF, 55 in 1:09-cv-00166-KBF) MOTION for Leave to File Amended Complaint.. Document filed by Renay Frym, Stuart E. Hersh, Tzvi Rosenman, Elena Rozenman, Noam Rozenman, Deborah Rubin, Jenny Rubin, Abraham Mandelson, Daniel Miller. Filed In Associated Cases: 1:08-cv-10934-KBF, 1:09-cv-00165-KBF, 1:09-cv-00166-KBF(Goelman, Aitan)
July 31, 2012 Opinion or Order Filing 288 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Kathleen A. Roberts dated 7/27/2012 re: I am writing in response to the Court's Order filed on July 24, 2012, with respect to the docketing of Quarterly Monitor Reports in this matter. As Your Honor knows, my responsibilities under the Consent Order entered by the Court on April 29, 2010, include "monitor[ing] the activities of 650 Fifth Avenue Company and the status of the Defendant Real Properties in order to preserve the value of those properties for forfeiture." Consistent with that responsibility, I submit this letter. ENDORSEMENT: The reports shall not be publicly filed. (Signed by Judge Katherine B. Forrest on 7/30/2012) (lmb)
July 30, 2012 ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. #287 HAS BEEN REJECTED. Note to Attorney Deborah Beth Koplovitz : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (db)
July 27, 2012 Filing 299 INTERNET CITATION NOTE: Material from decision with Internet citation re: #286 Memorandum & Opinion. (Attachments: #1 Frequently Asked Questions and Answers, #2 State Sponsors of Terrorism, #3 t11sdn_Part1, #4 t11sdn_Part2) (tro) Modified on 8/22/2012 (tro).
July 27, 2012 Filing 287 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - RESPONSE in Opposition re: #276 MOTION for Leave to File Amended Complaint. Document filed by ASSA Company Limited, Assa Corp.. (Koplovitz, Deborah) Modified on 7/30/2012 (db).
July 27, 2012 Set/Reset Hearings: Status Conference set for 9/7/2012 at 01:30 PM before Judge Katherine B. Forrest. Associated Cases: 1:08-cv-10934-KBF, 1:09-cv-00553-KBF, 1:10-cv-02464-KBF(rjm)
July 27, 2012 Opinion or Order Filing 286 OPINION AND ORDER; #102113 For the reasons in this Opinion and Order, Moving Defendants' motion to dismiss is DENIED. The parties are directed to appear for a status conference on September 7, 2012 at 1:30 p.m. to set a date for a trial on the merits. The Clerk of the Court is directed to terminate the motion at Docket No. 250 (in Case No. 08cv10934). (Signed by Judge Katherine B. Forrest on 7/26/2012) Filed In Associated Cases: 1:08-cv-10934-KBF, 1:09-cv-00553-KBF, 1:10-cv-02464-KBF(rjm) Modified on 7/27/2012 (rjm). Modified on 7/30/2012 (jab).
July 26, 2012 Filing 285 MEMORANDUM OF LAW in Opposition re: (54 in 1:09-cv-00165-KBF, 276 in 1:08-cv-10934-KBF, 55 in 1:09-cv-00166-KBF) MOTION for Leave to File Amended Complaint.. Document filed by 650 Fifth Avenue Company, Alavi Foundation. Filed In Associated Cases: 1:08-cv-10934-KBF, 1:09-cv-00165-KBF, 1:09-cv-00166-KBF(Ruzumna, Daniel)
July 24, 2012 Opinion or Order Filing 284 ORDER: The Court has received the eighth quarterly monitor's report. If parties to the forfeiture action believe that this report (and all other reports) should not be filed on the docket, they shall, on or before July 31, 2012, submit a letter to the Court explaining the reasons for why the reports should not be docketed. If the Court does not receive such a letter, it will docket this and all previous reports. (Signed by Judge Katherine B. Forrest on 7/24/2012) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(djc)
July 17, 2012 Filing 283 NOTICE OF APPEARANCE by Martin Bell on behalf of United States of America (Bell, Martin)
July 16, 2012 Filing 282 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 6/22/12 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...Filed In Associated Cases: 1:08-cv-10934-KBF et al.(McGuirk, Kelly)
July 16, 2012 Filing 281 TRANSCRIPT of Proceedings re: ARGUMENT held on 6/22/2012 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Denise Richards, (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 8/9/2012. Redacted Transcript Deadline set for 8/20/2012. Release of Transcript Restriction set for 10/18/2012.Filed In Associated Cases: 1:08-cv-10934-KBF et al.(McGuirk, Kelly)
July 13, 2012 Filing 280 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNCE proceeding held on 3/28/12 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...Filed In Associated Cases: 1:08-cv-10934-KBF et al.(McGuirk, Kelly)
July 13, 2012 Filing 279 TRANSCRIPT of Proceedings re: CONFERNCE held on 3/28/2012 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 8/6/2012. Redacted Transcript Deadline set for 8/16/2012. Release of Transcript Restriction set for 10/15/2012.Filed In Associated Cases: 1:08-cv-10934-KBF et al.(McGuirk, Kelly)
July 12, 2012 Filing 278 DECLARATION of Aitan D. Goelman in Support re: (55 in 1:09-cv-00166-KBF, 54 in 1:09-cv-00165-KBF, 276 in 1:08-cv-10934-KBF) MOTION for Leave to File Amended Complaint.. Document filed by Renay Frym, Stuart E. Hersh, Tzvi Rosenman, Elena Rozenman, Noam Rozenman, Deborah Rubin, Jenny Rubin, Abraham Mandelson, Daniel Miller. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)Filed In Associated Cases: 1:08-cv-10934-KBF, 1:09-cv-00165-KBF, 1:09-cv-00166-KBF(Goelman, Aitan)
July 12, 2012 Filing 277 MEMORANDUM OF LAW in Support re: (54 in 1:09-cv-00165-KBF, 276 in 1:08-cv-10934-KBF, 55 in 1:09-cv-00166-KBF) MOTION for Leave to File Amended Complaint.. Document filed by Renay Frym, Stuart E. Hersh, Tzvi Rosenman, Elena Rozenman, Noam Rozenman, Deborah Rubin, Jenny Rubin, Abraham Mandelson, Daniel Miller. Filed In Associated Cases: 1:08-cv-10934-KBF, 1:09-cv-00165-KBF, 1:09-cv-00166-KBF(Goelman, Aitan)
July 12, 2012 Filing 276 MOTION for Leave to File Amended Complaint. Document filed by Renay Frym, Stuart E. Hersh, Tzvi Rosenman, Elena Rozenman, Noam Rozenman, Deborah Rubin, Jenny Rubin, Abraham Mandelson, Daniel Miller.Filed In Associated Cases: 1:08-cv-10934-KBF, 1:09-cv-00165-KBF, 1:09-cv-00166-KBF(Goelman, Aitan)
July 11, 2012 Filing 275 AMENDED MEMORANDUM OF LAW in Opposition re: (39 in 1:10-cv-02464-KBF, 39 in 1:10-cv-02464-KBF, 76 in 1:09-cv-00553-KBF, 76 in 1:09-cv-00553-KBF, 250 in 1:08-cv-10934-KBF, 250 in 1:08-cv-10934-KBF) MOTION to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State A Claim and. MOTION to Quash.. Document filed by Carlos Acosta, Maria Acosta, Tova Ettinger, Irving Franklin, Steven M. Greenbaum, Ethel J. Griffin, Alan D. Hayman, Shirlee Hayman, Baruch Kahane, Libby Kahane, Norman Kahane, Ciporah Kaplan, Steven M. Greenbaum, Steven M. Greenbaum, Steven M. Greenbaum, Steven M. Greenbaum, Steven M. Greenbaum, Irving Franklin, Ethel J. Griffin, Libby Kahane, Norman Kahane. Filed In Associated Cases: 1:08-cv-10934-KBF, 1:09-cv-00553-KBF, 1:09-cv-00564-KBF, 1:10-cv-02464-KBF(Bernard, James)
July 10, 2012 Filing 274 DECLARATION of Liviu Vogel in Opposition re: #250 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State A Claim and. MOTION to Quash.. Document filed by Deborah D Peterson, Personal Representative. (Vogel, Liviu)
July 10, 2012 Filing 273 FILING ERROR - DEFICIENT DOCKET ENTRY - JOINT MEMORANDUM OF LAW in Opposition re: (76 in 1:09-cv-00553-KBF, 76 in 1:09-cv-00553-KBF, 250 in 1:08-cv-10934-KBF, 250 in 1:08-cv-10934-KBF) MOTION to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State A Claim and. MOTION to Quash.. Document filed by Carlos Acosta, Maria Acosta, Tova Ettinger, Irving Franklin, Steven M. Greenbaum, Ethel J. Griffin, Alan D. Hayman, Shirlee Hayman, Baruch Kahane, Libby Kahane, Norman Kahane, Ciporah Kaplan, Steven M. Greenbaum, Steven M. Greenbaum, Steven M. Greenbaum, Steven M. Greenbaum, Steven M. Greenbaum. Filed In Associated Cases: 1:08-cv-10934-KBF, 1:09-cv-00553-KBF, 1:09-cv-00564-KBF(Bernard, James) Modified on 7/11/2012 (db).
July 10, 2012 Filing 272 DECLARATION of Daniel S. Ruzumna in Support re: #250 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State A Claim and. MOTION to Quash.. Document filed by 650 Fifth Avenue Company, Alavi Foundation. (Attachments: #1 Exhibit A)(Ruzumna, Daniel)
July 10, 2012 Filing 271 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #250 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State A Claim and. MOTION to Quash.. Document filed by 650 Fifth Avenue Company, Alavi Foundation. (Ruzumna, Daniel)
July 3, 2012 Opinion or Order Filing 270 ORDER: The Court grants the Court-Appointed Monitor's request for an extension until July 20, 2012 to file the eighth quarterly Monitor's report. (Signed by Judge Katherine B. Forrest on 7/2/2012) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(mro)
June 25, 2012 Opinion or Order Filing 269 ORDER: As stated at the hearing on June 22, 2012, no later than July 10, 2012, the Court will take submissions of no more than 15 pages on the questions set forth in this Order. The Court also modifies its Order of April 2, 2012, to extend until August 31, 2012, the deadline for completing depositions that do not require prior review of any Government documents still outstanding. (The parties need not conduct the other depositions until after the Government produces the remaining documents.) On or before August 6, 2012, the Government shall submit an update to the Court regarding the status of its production and providing a projected time frame for completion. ( Deposition due by 8/31/2012.) (Signed by Judge Katherine B. Forrest on 6/25/2012) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(ja)
June 22, 2012 Minute Entry for proceedings held before Judge Katherine B. Forrest: Oral Argument held on 6/22/2012. (jp)
June 22, 2012 Filing 268 NOTICE OF CHANGE OF ADDRESS by Noah David Solowiejczyk on behalf of Renay Fryn, Stuart E. Hersh, Abraham Mendelson, Daniel Miller, Elana Rozenman, Noan Rozenman, Tzvi Rozenman, Deborah Rubin, Jenny Rubin. New Address: Zuckerman Spaeder LLP, 1185 Avenue of the Americas, 31st Fl., New York, New York, USA 10036, 212-704-9600. (Solowiejczyk, Noah)
June 21, 2012 Filing 267 NOTICE OF APPEARANCE by Noah David Solowiejczyk on behalf of Renay Fryn, Stuart E. Hersh, Abraham Mendelson, Daniel Miller, Elana Rozenman, Noan Rozenman, Tzvi Rozenman, Deborah Rubin, Jenny Rubin (Solowiejczyk, Noah)
June 21, 2012 Filing 266 NOTICE OF APPEARANCE by Aitan David Goelman on behalf of Renay Fryn, Stuart E. Hersh, Abraham Mendelson, Daniel Miller, Elana Rozenman, Noan Rozenman, Tzvi Rozenman, Deborah Rubin, Jenny Rubin (Goelman, Aitan)
June 19, 2012 Opinion or Order Filing 265 ORDER MODIFYING PROTECTIVE ORDER PURSUANT TO 18 usc 9839J)(1): following paragraph 11 of the Protective Order, a new paragraph 11a be entered that states as follows: 650 Fifth Avenue Company, upon the approval of the Monitor, may enter into agreements with management companies other than Jones Lang LaSalle for the management and leasing of the Building and such management company or companies shall be the "Management Company" under to the terms of this Order, as amended. The Clerk of Court should terminate the motion at Docket No. 264. (Signed by Judge Katherine B. Forrest on 6/19/2012) (cd)
June 15, 2012 Filing 264 JOINT MOTION for Protective Order ; Joint Application to Modify Protective Order. Document filed by 650 Fifth Avenue Company, Alavi Foundation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E (Proposed Order))(Ruzumna, Daniel)
June 7, 2012 Opinion or Order Filing 263 ORDER. The conference currently scheduled for June 20, 2012 is rescheduled for June 22, 2012 at 3:00 p.m. The Court will hear oral argument on the pending motion to dismiss at that time. (Oral Argument set for 6/22/2012 at 03:00 PM before Judge Katherine B. Forrest. Status Conference set for 6/22/2012 at 03:00 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 6/7/2012) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(rjm)
June 1, 2012 Filing 262 NOTICE OF WITHDRAWAL: PLEASE TAKE NOTICE that Ryan C. Nanni hereby withdraws as counsel in the above-titled case for Claimants Alavi Foundation and 650 Fifth Avenue and requests his removal from the Court's electronic filing notification system for this action. The firm, by all other attorneys named below, will remain as counsel for Claimants in this action. (Signed by Judge Katherine B. Forrest on 6/1/2012) Filed In Associated Cases: 1:08-cv-10934-KBF, 1:09-cv-00553-KBF, 1:10-cv-02464-KBF(djc)
May 25, 2012 Filing 261 REPLY MEMORANDUM OF LAW in Support re: (39 in 1:10-cv-02464-KBF, 39 in 1:10-cv-02464-KBF, 76 in 1:09-cv-00553-KBF, 76 in 1:09-cv-00553-KBF, 250 in 1:08-cv-10934-KBF, 250 in 1:08-cv-10934-KBF) MOTION to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State A Claim and. MOTION to Quash.. Document filed by 650 Fifth Avenue Company, Alavi Foundation. Filed In Associated Cases: 1:08-cv-10934-KBF, 1:09-cv-00553-KBF, 1:10-cv-02464-KBF(Ruzumna, Daniel)
May 16, 2012 Opinion or Order Filing 260 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Kathleen A. Roberts dated 5/11/2012 re: Court - Appointed Monitor writes pursuant to the Court's April 28, 2010 Order for Appointment of Monitor to request that the Court approve payment of the fees incurred by me as Court- appointed Monitor, as set forth in detail in the attached invoices to the Alavi Foundation, totaling $5,082.00, and to 650 Fifth Avenue Company, totaling $22,484.00. As set forth in the attached letters from counsel for the Alavi Foundation and 650 Fifth Avenue Company, these invoices have been reviewed by the Alavi Foundation and 650 Fifth Avenue Company, which have no objection to this request. ENDORSEMENT: Payment of the attached invoices is approved.. (Signed by Judge Katherine B. Forrest on 5/15/2012) (pl)
May 11, 2012 Filing 259 DECLARATION of Daniel I. Goldberg in Opposition re: #250 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State A Claim and. MOTION to Quash.. Document filed by Deborah D Peterson, Personal Representative. (Attachments: #1 Exhibit A - Second Amended Complaint, #2 Exhibit B - Government's Verified Complaint)(Goldberg, Daniel)
May 11, 2012 Filing 258 MEMORANDUM OF LAW in Opposition re: #250 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State A Claim and. MOTION to Quash.. Document filed by Deborah D Peterson, Personal Representative. (Goldberg, Daniel)
May 11, 2012 Filing 257 MEMORANDUM OF LAW in Opposition re: (39 in 1:10-cv-02464-KBF, 39 in 1:10-cv-02464-KBF, 76 in 1:09-cv-00553-KBF, 76 in 1:09-cv-00553-KBF, 250 in 1:08-cv-10934-KBF, 250 in 1:08-cv-10934-KBF) MOTION to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State A Claim and. MOTION to Quash.. Document filed by Carlos Acosta, Maria Acosta, Tova Ettinger, Irving Franklin, Steven M. Greenbaum, Ethel J. Griffin, Alan D. Hayman, Shirlee Hayman, Baruch Kahane, Libby Kahane, Norman Kahane, Ciporah Kaplan, Steven M. Greenbaum, Steven M. Greenbaum, Steven M. Greenbaum, Steven M. Greenbaum, Steven M. Greenbaum, Irving Franklin, Ethel J. Griffin, Libby Kahane, Norman Kahane. Filed In Associated Cases: 1:08-cv-10934-KBF, 1:09-cv-00553-KBF, 1:09-cv-00564-KBF, 1:10-cv-02464-KBF(Bernard, James)
May 11, 2012 Filing 256 DECLARATION of James L. Bernard in Opposition re: (39 in 1:10-cv-02464-KBF, 39 in 1:10-cv-02464-KBF, 76 in 1:09-cv-00553-KBF, 76 in 1:09-cv-00553-KBF, 250 in 1:08-cv-10934-KBF, 250 in 1:08-cv-10934-KBF) MOTION to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State A Claim and. MOTION to Quash.. Document filed by Carlos Acosta, Maria Acosta, Tova Ettinger, Irving Franklin, Steven M. Greenbaum, Ethel J. Griffin, Alan D. Hayman, Shirlee Hayman, Baruch Kahane, Libby Kahane, Norman Kahane, Ciporah Kaplan, Steven M. Greenbaum, Steven M. Greenbaum, Steven M. Greenbaum, Steven M. Greenbaum, Steven M. Greenbaum, Irving Franklin, Ethel J. Griffin, Libby Kahane, Norman Kahane. (Attachments: #1 Exhibit A, #2 Exhibit A1, #3 Exhibit B, #4 Exhibit B1, #5 Exhibit C, #6 Exhibit C1, #7 Exhibit D)Filed In Associated Cases: 1:08-cv-10934-KBF, 1:09-cv-00553-KBF, 1:09-cv-00564-KBF, 1:10-cv-02464-KBF(Bernard, James)
May 3, 2012 ***DELETED DOCUMENT. Deleted document number 254 Notice of Filing of Transcript. The document was incorrectly filed in this case. (tro)
May 3, 2012 ***DELETED DOCUMENT. Deleted document number 253 Transcript. The document was incorrectly filed in this case. (tro)
May 3, 2012 Filing 255 AMENDED COMPLAINT against Assa Corp., Bank Melli Iran in 650 Fifth Avenue Company, 650 Fifth Avenue Company, Alavi Foundation, ASSA Company Limited with JURY DEMAND.Document filed by Deborah D Peterson, Personal Representative.(cd)
April 27, 2012 Filing 252 DECLARATION of Daniel S. Ruzumna in Support re: (39 in 1:10-cv-02464-KBF, 39 in 1:10-cv-02464-KBF, 76 in 1:09-cv-00553-KBF, 76 in 1:09-cv-00553-KBF, 250 in 1:08-cv-10934-KBF, 250 in 1:08-cv-10934-KBF) MOTION to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State A Claim and. MOTION to Quash.. Document filed by 650 Fifth Avenue Company, Alavi Foundation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Errata E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T)Filed In Associated Cases: 1:08-cv-10934-KBF, 1:09-cv-00553-KBF, 1:10-cv-02464-KBF(Ruzumna, Daniel)
April 27, 2012 Filing 251 MEMORANDUM OF LAW in Support re: (39 in 1:10-cv-02464-KBF, 39 in 1:10-cv-02464-KBF, 76 in 1:09-cv-00553-KBF, 76 in 1:09-cv-00553-KBF, 250 in 1:08-cv-10934-KBF, 250 in 1:08-cv-10934-KBF) MOTION to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State A Claim and. MOTION to Quash.. Document filed by 650 Fifth Avenue Company, Alavi Foundation. (Attachments: #1 Exhibit A)Filed In Associated Cases: 1:08-cv-10934-KBF, 1:09-cv-00553-KBF, 1:10-cv-02464-KBF(Ruzumna, Daniel)
April 27, 2012 Filing 250 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State A Claim and., MOTION to Quash. Document filed by 650 Fifth Avenue Company, Alavi Foundation.Filed In Associated Cases: 1:08-cv-10934-KBF, 1:09-cv-00553-KBF, 1:10-cv-02464-KBF(Ruzumna, Daniel)
April 26, 2012 Filing 249 CLAIM FOR AMENDED CLAIM AND STATEMENT OF INTEREST IN DEFENDANT PROPERTIES BY THE BAYANI CLAIMANTS. Document filed by Fatemeh Bayani (in her individual capacity), Fatemeh Bayani (in her capacity as representative of the Estate of Siavash Bayani), Fatemeh Bayani (in her capacity as representative of the Estate of Banafsheh Bayani), Fatemeh Bayani (in her capacity as representative of the Estate of Babak Bayani). (Mizrahi, Zohreh) Modified on 12/11/2013 (tro).
April 26, 2012 Filing 248 CLAIM FOR Claim For Forfeiture. Document filed by Fatemeh Bayani (in her individual capacity), Fatemeh Bayani (in her capacity as representative of the Estate of Siavash Bayani), Fatemeh Bayani (in her capacity as representative of the Estate of Banafsheh Bayani), Fatemeh Bayani (in her capacity as representative of the Estate of Babak Bayani). (Mizrahi, Zohreh) Modified on 12/11/2013 (tro).
April 25, 2012 Filing 247 FILING ERROR - DUPLICATE DOCKET ENTRY CLAIM FOR FORFEITURE. Document filed by Judgment Creditors Estate of Siavash Bayani et al. (Mizrahi, Zohreh) Modified on 4/26/2012 (ka). Modified on 4/26/2012 (ka).
April 25, 2012 Filing 246 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Fatemeh Bayani (in her individual capacity), Fatemeh Bayani (in her capacity as representative of the Estate of Siavash Bayani), Fatemeh Bayani (in her capacity as representative of the Estate of Banafsheh Bayani), Fatemeh Bayani (in her capacity as representative of the Estate of Babak Bayani).(Mizrahi, Zohreh) Modified on 12/11/2013 (tro).
April 19, 2012 Filing 245 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 3/28/12 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...Filed In Associated Cases: 1:08-cv-10934-KBF et al.(McGuirk, Kelly)
April 19, 2012 Filing 244 TRANSCRIPT of Proceedings re: Conference held on 3/28/2012 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 5/14/2012. Redacted Transcript Deadline set for 5/24/2012. Release of Transcript Restriction set for 7/23/2012.Filed In Associated Cases: 1:08-cv-10934-KBF et al.(McGuirk, Kelly)
April 18, 2012 ***REJECTION OF ATTEMPTED PAPER FILING IN ECF CASE. The following document(s) Amended Claim and Statement of Interest in Defendant Properties by the Bayani Claimants. Zohreh Mizrahi, was rejected by the Clerk's Office and must be FILED ELECTRONICALLY on the Court's ECF System. (jab)
April 17, 2012 Filing 243 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Leonard Braman dated 4/16/2012 re: Leonard Braman requests the removal of his name as counsel of record in this case and related cases, as he is no longer with the law firm of Patterson Belknap Webb & Tyler LLP. ENDORSEMENT: Leonard Braman is hereby withdrawn as counsel of record in this action and the related cases (as applicable). Attorney Leonard Matthew Braman terminated. (Signed by Judge Katherine B. Forrest on 4/17/2012) (ft)
April 13, 2012 Filing 242 THIRD AMENDED COMPLAINT amending #58 Amended Complaint, against 650 Fifth Avenue Company, Alavi Foundation, Assa Co. Ltd., Assa Corp..Document filed by Shirlee Hayman, Steven M. Greenbaum(on behalf of himself), Alan D. Hayman, Steven M. Greenbaum(as Administrator of the Estate of Judith (Shoshana) Lillian Greenbaum,deceased), Steven M. Greenbaum(Individually).***Also docketed in case number 09-cv-553 and 09-cv-564. (mro)
April 13, 2012 Filing 241 AMENDED COMPLAINT against 650 Fifth Avenue Company, ASSA Corp., Alavi Foundation, Assa Co. Ltd. Document filed by Tova Ettinger, Norman Kahane, Libby Kahane, Baruch Kahane, Carlos Acosta, Ciporah Kaplan, Irving Franklin, Ethel J. Griffin, Maria Acosta. ***Also docketed in 10-cv-2464.(mro)
April 13, 2012 Filing 240 CLAIM FOR Second Amended Claim and Statement of Interest in Defendant Properties. Document filed by Khosrowshahi Family Members. (Sacks, Ira)
April 13, 2012 Filing 239 CLAIM FOR Second Amended Claim and Statement of Interest in Defendant Properties. Document filed by Khoshkish Family Members. (Sacks, Ira)
April 13, 2012 Filing 238 CLAIM FOR Second Amended Claim and Statement of Interest in Defendant Properties. Document filed by Sohrab Vahabzadeh. (Sacks, Ira)
April 13, 2012 Filing 237 CLAIM FOR Second Amended Claim and Statement of Interest in Defendant Properties. Document filed by Djhanbani Family Members. (Sacks, Ira)
April 13, 2012 Opinion or Order Filing 236 STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...: 17. Any document submitted to the Court that contains Discovery Material which has previously been designated as comprising or containing Confidential Information, or any pleading or memorandum purporting to reproduce or paraphrase such information, shall be filed under seal pursuant to local rules. Any courtesy copies containing Confidential Information shall be submitted to the Court with a letter explaining that the originals have been filed, in full or in part, under seal. ENDORSEMENT: The parties shall follow this Court's Individual Practices regarding filing under seal. (Signed by Judge Katherine B. Forrest on 4/13/2012) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(djc)
April 13, 2012 Filing 235 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Eric Snyder dated 4/10/2012 re: I, Eric Snyder, am no longer serving as an Assistant District Attorney with the Southern District of New York; so therefore should no longer be counsel of record on the above mentioned case. My S.D.N.Y. Bar number is ES-6813. I hereby respectfully request to be removed from the Electronic Case Filing notification list. Thank you. ENDORSEMENT: Eric Snyder is hereby withdrawn as counsel of record in this action. (Signed by Judge Katherine B. Forrest on 4/13/2012) (djc)
April 2, 2012 Opinion or Order Filing 234 ORDER: As set forth on the record at the hearing on March 28, 2012, the Acosta, Greenbaum and Peterson plaintiffs may amend their respective complaints on or before April 13, 2012. Defendants Alavi Foundation and 650 Fifth Avenue Company's motion to dismiss is denied as moot with leave to re-move against the amended complaints on or before April 27, 2012. Any opposition(s) shall be served and filed on or before May 11, 2012, and any reply shall be served and filed on or before May 25, 2012 at 5:00 p.m. All parties shall appear for a status conference with the Court on June 20, 2012 at 10:00 a.m. The parties shall submit a proposed, stipulated protective order on or before April 11, 2012. On or before April 11, 2012, the Government shall produce to defendants all responsive, relevant, non-privileged materials in their possession regarding defendants, as set forth on the record. Similarly, all plaintiffs shall produce all responsive, relevant, non-privileged materials to defendants on or before April 11, 2012. All document discovery (including from third parties) shall be completed no later than June 28, 2012. All fact discovery -including party and any third-party depositions - shall be completed no later than July 30, 2012. The Clerk of Court is directed to close the motions at Docket No. 195 in 08 Civ. 10934, No. 60 in 09 Civ. 553, No. 24 in 10 Civ. 2464, and No. 17 in 10 Civ. 1627 as moot. Additional relief as set forth in this Order. ( Amended Pleadings due by 4/13/2012., Discovery due by 6/28/2012., Fact Discovery due by 7/30/2012., Motions due by 4/27/2012., Responses due by 5/11/2012, Replies due by 5/25/2012., Request for Production of Documents due by 4/11/2012., Status Conference set for 6/20/2012 at 10:00 AM before Judge Katherine B. Forrest.), Motions terminated: (24 in 1:10-cv-02464-KBF, 60 in 1:09-cv-00553-KBF, 24 in 1:10-cv-02464-KBF, 60 in 1:09-cv-00553-KBF, 195 in 1:08-cv-10934-KBF, 195 in 1:08-cv-10934-KBF) MOTION to Dismiss for Lack of Jurisdiction and Failure To State A Claim. MOTION to Quash Writs of Execution. filed by 650 Fifth Avenue Company, Alavi Foundation. (Signed by Judge Katherine B. Forrest on 4/2/2012) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(pl) Modified on 4/10/2012 (pl).
April 2, 2012 Opinion or Order Filing 233 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Kathleen A. Roberts dated 3/30/2012 re: Counsel writes to request an extension of time to April 20, 2012, in which to file the seventh quarterly Monitor's report required by the Court's April 28, 2010 Order. ENDORSEMENT: Request GRANTED. (Signed by Judge Katherine B. Forrest on 4/2/2012) (ft)
March 28, 2012 Minute Entry for proceedings held before Judge Katherine B. Forrest: Status Conference held on 3/28/2012. The next Status Conference in this action is set for 6/20/2012 at 10:00 AM before Judge Katherine B. Forrest. Associated Cases: 1:08-cv-10934-KBF et al.(jp)
March 27, 2012 Filing 232 NOTICE OF APPEARANCE by Ira Stephen Sacks on behalf of Djhanbani Family Members, Khoshkish Family Members, Khosrowshahi Family Members, Sohrab Vahabzadeh (Sacks, Ira)
March 26, 2012 Filing 231 NOTICE OF APPEARANCE by Ira Stephen Sacks on behalf of Djhanbani Family Members, Khoshkish Family Members, Khosrowshahi Family Members, Sohrab Vahabzadeh (Sacks, Ira)
March 5, 2012 Opinion or Order Filing 230 ENDORSED LETTER addressed to Judge Richard J. Holwell from Kathleen A. Roberts dated 2/8/2012 re: Counsel writes pursuant to Your Honor's April 28, 2010 Order for Appointment of Monitor to request that the Court approve payment of the fees incurred by the Court Appointed Mediator, Kathleen A. Roberts, as set forth in detail in the attached invoices. ENDORSEMENT: Payment of the attached invoices is approved. (Signed by Judge Katherine B. Forrest on 3/2/2012) (tro)
February 8, 2012 Filing 229 NOTICE OF CASE REASSIGNMENT to Judge Katherine B. Forrest. Judge Richard J. Holwell is no longer assigned to the case. Filed In Associated Cases: 1:08-cv-10934-RJH et al.(sjo)
February 6, 2012 Opinion or Order Filing 228 MEMORANDUM OPINION AND ORDER re: #101391 #209 MOTION for Reconsideration filed by 650 Fifth Avenue Company and Alavi Foundation: For the reasons set forth within, Claimants' motion for reconsideration, or, alternatively, certification of appeal #209 is DENIED. (Signed by Judge Richard J. Holwell on 2/2/2012) (ab) Modified on 2/7/2012 (jab).
February 6, 2012 Filing 227 NOTICE OF APPEARANCE by Bension Daniel DeFunis on behalf of ASSA Company Limited, ASSA Corporation, Assa Corp., Assa Co. Ltd., Assa Corp., ASSA Corp. Filed In Associated Cases: 1:08-cv-10934-RJH et al.(DeFunis, Bension)
February 6, 2012 Filing 226 NOTICE OF APPEARANCE by Donald F. Luke on behalf of ASSA Company Limited, ASSA Corporation, Assa Corp., Assa Co. Ltd., Assa Corp., ASSA Corp. Filed In Associated Cases: 1:08-cv-10934-RJH et al.(Luke, Donald)
January 5, 2012