Peterson v. 650 Fifth Avenue Company et al
| Deborah D. Peterson |
| 650 Fifth Avenue Company, Alavi Foundation, ASSA Corporation and ASSA Company Limited |
| 1:2010cv01627 |
| March 1, 2010 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Richard J. Holwell |
| Other Contract |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
545
ORDER GRANTING MOTION OF PETER LIVINGSTON, DEBORAH KOPLOVITZ AND ANDERSON KILL P.C. FOR LEAVE TO WITHDRAW (2194 in 1:08-Civ-10934-LAP) This case came before the Court on February 12, 2020 on motion of Peter Livingston, Deborah Koplovitz and Anderson Kill P.C. for leave to withdraw as counsel for Defendants Assa Corp. and Assa Co. Ltd. (ECF 2131). The Court having reviewed the motion, together with the Court file; having heard argument of counsel; and having considered the applicable law and rule , hereby orders as follows: 1. The motion of Peter Livingston, Deborah Koplovitz and Anderson Kill P.C. for leave to withdraw as counsel for Defendants Assa Corp. and Assa Co. Ltd. (ECF 2131) is granted, they are hereby relieved of any and all further duties and responsibilities for Assa Corp. and Assa Co. Ltd. SO ORDERED. Attorney Deborah Beth Koplovitz and Peter I Livingston terminated. (Signed by Judge Loretta A. Preska on 2/21/2020) (va)
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Filing
484
MEMORANDUM DECISION AND ORDER re: (1769 in 1:08-cv-10934-KBF, LETTER addressed to Judge Katherine B. Forrest from John Gleeson of Debevoise & Plimpton LLP dated 5/29/17 re: Seeking to Preclude Admission of Transcript. Document filed by 650 Fifth Avenue Company, Alavi Foundation.) The Court DENIES Claimants' application to preclude the recording, and as further set forth herein. (Signed by Judge Katherine B. Forrest on 6/5/2017) (ras)
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Filing
454
OPINION & ORDER: For the reasons set forth above, and based on the factual findings made by this Court following an evidentiary hearing, Claimants' motion for suppression is DENIED, and as further set forth in this order. (Signed by Judge Katherine B. Forrest on 5/15/2017) (ap)
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Filing
381
OPINION & ORDER re: (1439 in 1:08-cv-10934-KBF) LETTER MOTION to Compel the Government to produce documents responsive to Claimants' document request addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated January 13, 2017. filed by 650 Fifth Avenue Company, Alavi Foundation. Defendants are entitled to present their statute of limitations defense. However, for the reasons discussed above, defendants' motion to reopen discovery is DENIED. The Clerk of Court is directed to terminate the motion at ECF No. 1439. (Signed by Judge Katherine B. Forrest on 2/28/2017) (cla)
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Filing
379
OPINION & ORDER re: (1433 in 1:08-cv-10934-KBF) MOTION for Partial Summary Judgment - Notice of the Alavi Foundation's and the 650 Fifth Avenue Company's Cross Motion for Partial Summary Judgment filed by 650 Fifth Avenue Co mpany, Alavi Foundation; (1411 in 1:08-cv-10934-KBF) MOTION for Partial Summary Judgment filed by United States of America. For the reasons set forth above, both pending motions for partial summary judgment are DENIED. This matter sh all proceed to trial on the question of Alavi's knowledge of Assa's ownership and control by Iran, as scheduled. The Clerk of Court is directed to terminate the motions at ECF Nos. 1411 and 1433. (Signed by Judge Katherine B. Forrest on 2/16/2017) (cla)
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Filing
339
OPINION & ORDER re: (289 in 1:13-cv-01825-KBF) MOTION for Partial Summary Judgment As To Its Priority Claims. filed by David Kirschenbaum, Isabelle Kirschenbaum, Joshua Kirschenbaum, Jason Kirschenbaum, (296 in 1:12-mc-00019-KBF) MOTION for Partial Summary Judgment As To Its Priority Claims. filed by David Kirschenbaum, Joshua J. Kirschenbaum, Isabelle Kirschenbaum, Martin Kirschenbaum, Jason Kirschenbaum, (290 in 1:12-mc-00020-KBF) MOTION for Partial Summ ary Judgment As To Its Priority Claims. filed by Harry Beer, Anna Beer, Estate of Alan Beer, (298 in 1:12-mc-00021-KBF) MOTION for Partial Summary Judgment As To Its Priority Claims. filed by Harry Beer, Anna Beer, (288 in 1: 13-cv-01848-KBF) MOTION for Partial Summary Judgment As To Its Priority Claims. filed by Harry Beer, Anna Beer, (295 in 1:12-mc-00022-KBF) MOTION for Partial Summary Judgment As To Its Priority Claims. filed by David Kirsch enbaum, Joshua J. Kirschenbaum, Isabelle Kirschenbaum, Martin Kirschenbaum, Jason Kirschenbaum.Accordingly, the ABK Plaintiffs' motion is DENIED. The Clerk of Court is directed to terminate the motions at ECF Nos. 1205, 1245, and 1252 (and the corresponding motions in related and member cases). (Signed by Judge Katherine B. Forrest on 3/6/2015) (lmb)
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Filing
331
OPINION & ORDER. Accordingly, the Hegnas' motion to extend their expired judgment lien is DENIED. The Clerk of Court is directed to terminate the motion at ECF No. 1203. (Signed by Judge Katherine B. Forrest on 10/6/2014) (lmb)
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Filing
315
OPINION & ORDER: For these reasons, the Hegnas' motion for summary judgment is DENIED and the Government's motion to strike or for summary judgment is GRANTED. The Hegnas shall occupy the same position as all other judgment creditor p laintiffs in this matter. Accordingly, they shall be entitled only to the portion of the settlement between the Government and the parties that has been allocated for them, as discussed at the May 2, 2014 status conference. The parties shall noti fy the Court by Wednesday, May 21, 2014 of any further issues to be resolved and provide a proposed briefing schedule for their resolution. (Signed by Judge Katherine B. Forrest on 5/14/2014) ***As per chambers, Filed In Associated Cases: 1:08-cv-10934-KBF et al. (tn)
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Filing
232
OPINION & ORDER: 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) (mro)
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Filing
214
OPINION & ORDER 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)
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Filing
86
OPINION & ORDER 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 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 Defednants' assets are "blocked assets" as defined in § 201 of TRIA and that the Assa Defendants' assets constitute "blocked assets" o f 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 mak e 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; t he 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) (mro)
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Filing
38
OPINION AND ORDER. 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) (rjm) Modified on 7/27/2012 (rjm).
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