Wultz et al v. Bank of China Limited

Plaintiff: SHERYL WULTZ, YEKUTIEL WULTZ, AMANDA WULTZ and ABRAHAM LEONARD WULTZ
Defendant: Bank of China Limited
Case Number: 1:2011cv01266
Filed: February 24, 2011
Court: New York Southern District Court
Office: Foley Square Office
County: Kings
Presiding Judge: Shira A. Scheindlin
Nature of Suit: Other Statutory Actions
Cause of Action: 28:1602
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed#Document Text
November 5, 2014 711 Opinion or Order of the Court MEMORANDUM DECISION. For the reasons stated above and on the record at the hearing held on October 23, 2014, BOC's invocation of the SAR prohibition is rejected as to investigatory documents. If BOC can point to evaluative documents, presumably generated by or for the committee involved in the final SAR decision-making process, that reference the SAR requirements specifically as to the particular customer or transactions involved, such documents would likely be protected. If there are such documents, BOC should provide them (or samples if they are numerous) to the Court forthwith for in camera review. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/5/2014) (rjm)
August 7, 2014 600 Opinion or Order of the Court MEMORANDUM OPINION AND ORDER #104583 re: 590 MOTION for Reconsideration re; 572 Memorandum & Opinion, filed by AMANDA WULTZ, YEKUTIEL WULTZ, ABRAHAM LEONARD WULTZ, SHERYL WULTZ. For the foregoing reasons, plaintiffs' motion is DENIED. The Clerk of the Court is directed to close this motion [Docket No. 590]. (Signed by Judge Shira A. Scheindlin on 8/7/2014) (tro) Modified on 8/7/2014 (ca).
July 21, 2014 572 Opinion or Order of the Court OPINION & ORDER: Before this Court is a motion filed by nonparty the State of Israel ("Israel") to quash a deposition subpoena served on Uzi Shaya, a former Israeli national security officer. Israel argues that the subpoena should be quashe d because it (1) violates Israel's sovereign immunity, (2) seeks sensitive national security information that constitutes foreign state secrets, and (3) contravenes Federal Rule of Civil Procedure 45. For the following reasons, Israel's motion is GRANTED. (Signed by Judge Shira A. Scheindlin on 7/21/2014) (ajs)
February 13, 2014 443 Opinion or Order of the Court OPINION AND ORDER: For the foregoing reasons, Hapoalim's motion to quash or modify the subpoena is DENIED. If the parties agree to conduct the deposition via videoconference, BOC shall "pay the expense (including a reasonable counsel fee) o f the attendance of one attorney" for Hapoalim "at the place where the deposition is to be taken." This payment shall be made prior to the examination, pursuant to Local Civil Rule 30.1.. (Signed by Judge Shira A. Scheindlin on 2/13/2014) (tro)
November 20, 2013 397 Opinion or Order of the Court MEMORANDUM OPINION AND ORDER re: 380 MOTION for Reconsideration re; 364 Memorandum & Opinion, filed by Bank of China Limited. For the foregoing reasons, BOC's motion for reconsideration of the October 25 Order is granted in part. The Clerk of Court is directed to close this motion (Dkt. No. 380). (Signed by Judge Shira A. Scheindlin on 11/19/2013) (cd)
October 15, 2013 353 Opinion or Order of the Court OPINION AND ORDER: re: 294 MOTION to Quash Subpoena of Bank Hapoalim B.M. Notice of Motion by Non-party Bank Hapoalim B.M. to Quash or, Alternatively, Modify Subpoena filed by Bank Hapoalim B.M. For the foregoing reasons, Bank Hapoalims motion to quash (Docket #294) is granted. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/15/2013) (rsh)
May 23, 2013 271 Opinion or Order of the Court OPINION AND ORDER re: 248 MOTION for Reconsideration re: 244 Memorandum & Opinion, filed by Office of the Comptroller of the Currency, 250 MOTION for Reconsideration, filed by Bank of China Limited.This Order addresses two pending discovery dis putes: (1) plaintiffs' objection to the April 17, 2013 decision of Special Master Theodore H. Katz approving Bank of China, Ltd.'s ("BOC's") redactions to certain discovery documents; and (2) motions for reconsideration of th is Court's April 9, 2013 Opinion and Order ("April 9 Order") submitted by BOC and non-party the Office of the Comptroller of the Currency ("the OCC"). For the reasons stated herein, plaintiffs' objection to the Special M aster's decision is rejected, and the OCC's and BOC's motions for reconsideration of the April Order are denied. In sum, none of the OCC's arguments support granting the OCC's motion for reconsideration. The OCC's and BOC's motions for reconsideration are denied. The Clerk of Court is directed to close BOC's and the OCC's motions [Dkt. Nos. 248, 250]. (Signed by Judge Shira A. Scheindlin on 5/23/2013) (ja)
May 1, 2013 261 Opinion or Order of the Court OPINION AND ORDER: For the reasons set forth herein, plaintiffs' motion is granted in part. BOC must complete all ordered production by twenty days from the date of this Order. (Signed by Judge Shira A. Scheindlin on 5/1/2013) (ja)
April 17, 2013 247 Opinion or Order of the Court MEMORANDUM OPINION AND ORDER: For the reasons set forth herein, I adopt plaintiffs' proposal. BOC is directed to produce to Judge Katz, immediately, an unredacted version of the document it has already produce in redacted form as the "Shura fa Investigative Report." Judge Katz is invited, at his discretion, to review the unredacted document and to determine whether the production of any of the presently redacted passages would in fact reveal the existence or contents of a SAR and thereby violate the SAR privilege. Judge Katz is then invited to order BOC to produce to plaintiffs an unredacted, or less heavily redacted, version of the document, as appropriate. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 4/16/2013) (ja)
April 16, 2013 246 Opinion or Order of the Court OPINION & ORDER: For the reasons set forth herein, BOC's request to amend its Answer to assert the limitations defense to plaintiffs' claim is granted, as is BOC's request simultaneously to dismiss the claim as time-barred. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 4/15/2013) (ja)
April 9, 2013 244 Opinion or Order of the Court OPINION AND ORDER: For the foregoing reasons, plaintiffs' motion to compel is granted with respect to BOC and denied without prejudice with respect to the OCC. (Signed by Judge Shira A. Scheindlin on 4/9/2013) (rdz)
January 10, 2013 203 Opinion or Order of the Court MEMORANDUM OPINION AND ORDER: that in light of the considerations above, I order the following: First, BOC will not be required automatically to produce SRTs, LTRs, and any other communications from BOC to the Chinese government whose disclosure is s pecifically and categorically prohibited under the Chinese laws specified above in (1 ). Nor is BOC required to produce a more specific "log" of such communications than already provided. If plaintiffs believe there is a legal basis for ove rruling BOC's assertion of privilege despite the language in this Order - perhaps by analogy to a court review under the Administrative Procedure Act of a U.S. agency decision not to disclose non-public information such as a SAR-plaintiffs are i nvited to submit a letter not to exceed three single-spaced pages explaining the legal basis for compelling production and proposing any protective measures that might be necessary for the review of non-public materials. The next discovery conference will be held January 30, 2013 at 4:30 pm. The parties are invited to submit pre-conference letters of no more than three single-spaced pages no later than January 27, 2013. (Signed by Judge Shira A. Scheindlin on 1/9/13) (pl)
November 5, 2012 192 Opinion or Order of the Court OPINION & ORDER: BOC's motion for judgment on the pleadings dismissing plaintiffs' non-federal claims is granted in part and denied in part. The Clerk of the Court is directed to close this motion [Docket No. 159]. (Signed by Judge Shira A. Scheindlin on 11/5/2012) (ft)
May 25, 2012 149 Opinion or Order of the Court OPINION AND ORDER: This Court's August 3, 2011 ruling is withdrawn. Plaintiffs are instructed to inform the Court, by June 12, 2012, whether briefing on Chinese tort law is necessary. (Signed by Judge Shira A. Scheindlin on 5/25/2012) (ft)
January 9, 2012 145 Opinion or Order of the Court OPINION AND ORDER: re: 132 MOTION Concerning the State of Mind Required for Imposition of Liability Under Plaintiffs' Israeli Law Claims. The Court will apply Israeli law as construed above. The Clerk of the Court is directed to close this motion [Docket No. 132]. (Signed by Judge Shira A. Scheindlin on 1/9/2012) (pl) Modified on 1/9/2012 (pl).
August 3, 2011 119 Opinion or Order of the Court OPINION AND ORDER denying re: 110 MOTION CONCERNING THE CHOICE OF LAW GOVERNING PLAINTIFFS NON-FEDERAL CLAIMS, filed by Bank of China Limited. The parties are instructed to brief the Construction of Foreign Law Motion. Plaintiffs, as moving party, should submit their brief within 28 days of this Order. BOC's response is due 21 days later and plaintiffs' reply will be due 14 days after that. (Signed by Judge Shira A. Scheindlin on 8/3/11) (cd)

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Plaintiff: SHERYL WULTZ
Represented By: Robert Joseph Tolchin
Represented By: Robert Joseph Tolchin
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Plaintiff: YEKUTIEL WULTZ
Represented By: Robert Joseph Tolchin
Represented By: Robert Joseph Tolchin
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Plaintiff: AMANDA WULTZ
Represented By: Robert Joseph Tolchin
Represented By: Robert Joseph Tolchin
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Plaintiff: ABRAHAM LEONARD WULTZ
Represented By: Robert Joseph Tolchin
Represented By: Robert Joseph Tolchin
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Defendant: Bank of China Limited
Represented By: Mitchell Rand Berger
Represented By: David Taylor Case
Represented By: Sarah Peck Kenney
Represented By: Walter P. Loughlin
Represented By: Siubhan Josephine Ellen Magee
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