Calderon-Cardona v. The Bank of New York Mellon
| Ruth Calderon-Cardona |
| The Bank of New York Mellon |
| 1:2011cv03284 |
| May 12, 2011 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Denise L. Cote |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question: Other |
| None |
Docket Report
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| Filing 29 TRUE COPY ORDER of USCA as to (27 in 1:11-cv-03289-DLC, 28 in 1:11-cv-03284-DLC, 28 in 1:11-cv-03285-DLC, 36 in 1:11-cv-03283-DLC, 26 in 1:11-cv-03292-DLC, 26 in 1:11-cv-03286-DLC, 27 in 1:11-cv-03290-DLC, 28 in 1:11-cv-03288-DLC, 25 in 1:11-cv-03291-DLC) Corrected Notice of Appeal, filed by Ruth Calderon-Cardona USCA Case Number 12-0075. This case presents the question whether recovery under § 201 of the Terrorism Risk Insurance Act of 2002 or §§ 1610(f)(1) and 1610(g) of the Foreign Sovereign Immunities Act ispossible where the property to be attached consists of blocked electronic funds transfers and the nation whose assets are being sought was not a designated state sponsor of terrorism at the time the judgment to be enforced was issued. Because attachment is not proper under § 201 of the Terrorism Risk Insurance Act of 2002 or § 1610(f)(1) of the Foreign Sovereign Immunities Actbut additional discovery is required to determine whether the electronic funds transfers are the property of North Korea under § 1610(g), the judgment of the United States District Court for the Southern District of New York (Cote, J.) is hereby AFFIRMED IN PART, VACATED IN PART, and REMANDED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 10/23/2014. Filed In Associated Cases: 1:11-cv-03283-DLC et al.(tp) |
| Transmission of USCA Mandate/Order to the District Judge re: (29 in 1:11-cv-03284-DLC, 29 in 1:11-cv-03292-DLC, 28 in 1:11-cv-03289-DLC, 28 in 1:11-cv-03290-DLC, 27 in 1:11-cv-03286-DLC, 26 in 1:11-cv-03291-DLC, 30 in 1:11-cv-03285-DLC, 41 in 1:11-cv-03283-DLC, 29 in 1:11-cv-03288-DLC) USCA Order. Filed In Associated Cases: 1:11-cv-03283-DLC et al. (tp) |
| Filing 28 CORRECTED NOTICE OF APPEAL re: (27 in 1:11-cv-03285-DLC, 25 in 1:11-cv-03286-DLC, 24 in 1:11-cv-03291-DLC, 26 in 1:11-cv-03290-DLC, 26 in 1:11-cv-03289-DLC, 25 in 1:11-cv-03292-DLC, 35 in 1:11-cv-03283-DLC, 27 in 1:11-cv-03284-DLC, 27 in 1:11-cv-03288-DLC) Notice of Appeal, (32 in 1:11-cv-03283-DLC) Clerk's Judgment,, (31 in 1:11-cv-03283-DLC) Order,. Document filed by Ruth Calderon-Cardona. Filed In Associated Cases: 1:11-cv-03283-DLC et al.(Tolchin, Robert) |
| Filing 27 FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE OF APPEAL. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. Document filed by Ruth Calderon-Cardona. Filing fee $ 455.00, receipt number 0208-7078139. Filed In Associated Cases: 1:11-cv-03283-DLC et al.(Tolchin, Robert) Modified on 1/5/2012 (tp). |
| ***NOTE TO ATTORNEY REGARDING DEFICIENT APPEAL. Note to Attorney Robert Tolchin to RE-FILE Document No. (27 in 1:11-cv-03285-DLC, 25 in 1:11-cv-03286-DLC, 24 in 1:11-cv-03291-DLC, 26 in 1:11-cv-03290-DLC, 26 in 1:11-cv-03289-DLC, 35 in 1:11-cv-03283-DLC, 25 in 1:11-cv-03292-DLC, 27 in 1:11-cv-03284-DLC, 27 in 1:11-cv-03288-DLC) Notice of Appeal. The filing is deficient for the following reason: Documents being appealed were not selected. Re-file the document as a Corrected Notice of Appeal event and select the correct Order being appealed. Filed In Associated Cases: 1:11-cv-03283-DLC et al.(tp) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for (32 in 1:11-cv-03283-DLC) Clerk's Judgment, (3 in 1:11-cv-03285-DLC) Notice of Appearance filed by Ruth Calderon-Cardona, (22 in 1:11-cv-03286-DLC) Clerk's Judgment, (6 in 1:11-cv-03289-DLC) Redacted Document filed by Ruth Calderon-Cardona, (19 in 1:11-cv-03288-DLC, 20 in 1:11-cv-03284-DLC, 17 in 1:11-cv-03292-DLC, 18 in 1:11-cv-03289-DLC, 24 in 1:11-cv-03283-DLC, 18 in 1:11-cv-03290-DLC, 18 in 1:11-cv-03285-DLC, 17 in 1:11-cv-03291-DLC, 17 in 1:11-cv-03286-DLC) Endorsed Letter, (22 in 1:11-cv-03289-DLC, 20 in 1:11-cv-03291-DLC, 21 in 1:11-cv-03292-DLC, 31 in 1:11-cv-03283-DLC, 23 in 1:11-cv-03285-DLC, 23 in 1:11-cv-03288-DLC, 22 in 1:11-cv-03290-DLC, 21 in 1:11-cv-03286-DLC, 23 in 1:11-cv-03284-DLC) Order, (11 in 1:11-cv-03288-DLC) Declaration in Support, filed by Deutsche Bank Trust Company Americas, (27 in 1:11-cv-03289-DLC, 36 in 1:11-cv-03283-DLC, 26 in 1:11-cv-03292-DLC, 25 in 1:11-cv-03291-DLC, 28 in 1:11-cv-03284-DLC, 28 in 1:11-cv-03288-DLC, 26 in 1:11-cv-03286-DLC, 28 in 1:11-cv-03285-DLC, 27 in 1:11-cv-03290-DLC) Corrected Notice of Appeal, filed by Ruth Calderon-Cardona, (2 in 1:11-cv-03289-DLC) Stipulation and Order, (25 in 1:11-cv-03290-DLC, 24 in 1:11-cv-03292-DLC, 26 in 1:11-cv-03285-DLC, 26 in 1:11-cv-03284-DLC, 26 in 1:11-cv-03288-DLC, 25 in 1:11-cv-03289-DLC, 34 in 1:11-cv-03283-DLC, 23 in 1:11-cv-03291-DLC, 24 in 1:11-cv-03286-DLC) Order, (9 in 1:11-cv-03285-DLC) Declaration in Opposition filed by HSBC, (10 in 1:11-cv-03284-DLC) Notice of Appearance filed by The Bank of New York Mellon, (16 in 1:11-cv-03283-DLC, 15 in 1:11-cv-03290-DLC, 15 in 1:11-cv-03289-DLC, 15 in 1:11-cv-03288-DLC, 15 in 1:11-cv-03285-DLC, 14 in 1:11-cv-03292-DLC, 15 in 1:11-cv-03291-DLC, 14 in 1:11-cv-03286-DLC, 17 in 1:11-cv-03284-DLC) Endorsed Letter, (17 in 1:11-cv-03285-DLC, 17 in 1:11-cv-03285-DLC, 19 in 1:11-cv-03284-DLC, 19 in 1:11-cv-03284-DLC, 16 in 1:11-cv-03286-DLC, 16 in 1:11-cv-03286-DLC, 17 in 1:11-cv-03290-DLC, 17 in 1:11-cv-03290-DLC, 16 in 1:11-cv-03291-DLC, 16 in 1:11-cv-03291-DLC, 17 in 1:11-cv-03289-DLC, 17 in 1:11-cv-03289-DLC, 23 in 1:11-cv-03283-DLC, 23 in 1:11-cv-03283-DLC, 16 in 1:11-cv-03292-DLC, 16 in 1:11-cv-03292-DLC, 18 in 1:11-cv-03288-DLC, 18 in 1:11-cv-03288-DLC) Endorsed Letter, Set Deadlines, (25 in 1:11-cv-03283-DLC, 25 in 1:11-cv-03283-DLC, 18 in 1:11-cv-03292-DLC, 18 in 1:11-cv-03292-DLC, 20 in 1:11-cv-03288-DLC, 20 in 1:11-cv-03288-DLC, 19 in 1:11-cv-03285-DLC, 19 in 1:11-cv-03285-DLC, 18 in 1:11-cv-03286-DLC, 18 in 1:11-cv-03286-DLC, 21 in 1:11-cv-03284-DLC, 21 in 1:11-cv-03284-DLC, 19 in 1:11-cv-03289-DLC, 19 in 1:11-cv-03289-DLC, 19 in 1:11-cv-03290-DLC, 19 in 1:11-cv-03290-DLC, 18 in 1:11-cv-03291-DLC, 18 in 1:11-cv-03291-DLC) Endorsed Letter, Set Deadlines, (9 in 1:11-cv-03286-DLC) Notice of Appearance filed by Standard Chartered, (2 in 1:11-cv-03291-DLC) Stipulation and Order, (8 in 1:11-cv-03290-DLC) Order, (11 in 1:11-cv-03284-DLC, 11 in 1:11-cv-03284-DLC) Endorsed Letter, Set Hearings, (24 in 1:11-cv-03290-DLC, 24 in 1:11-cv-03289-DLC, 25 in 1:11-cv-03284-DLC, 23 in 1:11-cv-03292-DLC, 33 in 1:11-cv-03283-DLC, 22 in 1:11-cv-03291-DLC, 25 in 1:11-cv-03285-DLC, 25 in 1:11-cv-03288-DLC, 23 in 1:11-cv-03286-DLC) Memo Endorsement, (4 in 1:11-cv-03283-DLC) Notice of Appearance filed by Ruth Calderon-Cardona, (11 in 1:11-cv-03286-DLC, 11 in 1:11-cv-03286-DLC, 6 in 1:11-cv-03283-DLC, 6 in 1:11-cv-03283-DLC, 12 in 1:11-cv-03289-DLC, 12 in 1:11-cv-03289-DLC, 7 in 1:11-cv-03292-DLC, 7 in 1:11-cv-03292-DLC, 11 in 1:11-cv-03285-DLC, 11 in 1:11-cv-03285-DLC, 10 in 1:11-cv-03291-DLC, 10 in 1:11-cv-03291-DLC, 12 in 1:11-cv-03288-DLC, 12 in 1:11-cv-03288-DLC, 12 in 1:11-cv-03290-DLC, 12 in 1:11-cv-03290-DLC, 7 in 1:11-cv-03284-DLC, 7 in 1:11-cv-03284-DLC) Order, Set Hearings, (11 in 1:11-cv-03290-DLC) Response filed by Citibank, N.A. (Owner), (6 in 1:11-cv-03290-DLC) Redacted Document filed by Ruth Calderon-Cardona, (7 in 1:11-cv-03286-DLC) Notice of Case Assignment/Reassignment, (21 in 1:11-cv-03290-DLC) Response filed by Citibank, N.A. (Owner), (3 in 1:11-cv-03292-DLC) Notice of Appearance filed by Ruth Calderon-Cardona, (23 in 1:11-cv-03289-DLC) Clerk's Judgment, (15 in 1:11-cv-03283-DLC, 16 in 1:11-cv-03284-DLC) Endorsed Letter, (1 in 1:11-cv-03286-DLC) Order, (16 in 1:11-cv-03285-DLC) Declaration in Opposition filed by HSBC, (4 in 1:11-cv-03292-DLC) Redacted Document filed by Ruth Calderon-Cardona, (6 in 1:11-cv-03286-DLC) Rule 7.1 Corporate Disclosure Statement filed by Standard Chartered, (4 in 1:11-cv-03289-DLC) Notice of Appearance filed by UBS AG, (19 in 1:11-cv-03283-DLC) Transcript, (11 in 1:11-cv-03291-DLC) Notice of Appearance filed by Intesa Saopaolo, (1 in 1:11-cv-03288-DLC) Order, (8 in 1:11-cv-03292-DLC, 8 in 1:11-cv-03292-DLC) Endorsed Letter, Set Hearings, (12 in 1:11-cv-03285-DLC, 12 in 1:11-cv-03285-DLC) Endorsed Letter, Set Hearings, (4 in 1:11-cv-03290-DLC) Notice of Appearance filed by Citibank, N.A. (Owner), (6 in 1:11-cv-03292-DLC) Order, (23 in 1:11-cv-03290-DLC) Clerk's Judgment, (5 in 1:11-cv-03285-DLC) Rule 7.1 Corporate Disclosure Statement filed by HSBC, (16 in 1:11-cv-03288-DLC) Joinder, filed by Deutsche Bank Trust Company Americas, (2 in 1:11-cv-03292-DLC) Stipulation and Order, (22 in 1:11-cv-03288-DLC) Reply Memorandum of Law in Oppisition, filed by Deutsche Bank Trust Company Americas, (12 in 1:11-cv-03292-DLC) Declaration in Opposition filed by Bank of China, (7 in 1:11-cv-03291-DLC) Notice of Appearance filed by Intesa Saopaolo, (11 in 1:11-cv-03292-DLC) Answer to Complaint filed by Bank of China, (19 in 1:11-cv-03286-DLC) Brief, filed by Ruth Calderon-Cardona, (20 in 1:11-cv-03286-DLC) Declaration, filed by Standard Chartered, (25 in 1:11-cv-03292-DLC, 35 in 1:11-cv-03283-DLC, 27 in 1:11-cv-03284-DLC, 27 in 1:11-cv-03288-DLC, 25 in 1:11-cv-03286-DLC, 24 in 1:11-cv-03291-DLC, 26 in 1:11-cv-03290-DLC, 26 in 1:11-cv-03289-DLC, 27 in 1:11-cv-03285-DLC) Notice of Appeal, filed by Ruth Calderon-Cardona, (24 in 1:11-cv-03288-DLC) Clerk's Judgment, (4 in 1:11-cv-03285-DLC) Notice of Appearance filed by HSBC, (21 in 1:11-cv-03285-DLC) Joinder, filed by HSBC, (14 in 1:11-cv-03291-DLC, 15 in 1:11-cv-03284-DLC, 14 in 1:11-cv-03288-DLC, 14 in 1:11-cv-03289-DLC, 14 in 1:11-cv-03290-DLC, 13 in 1:11-cv-03292-DLC, 13 in 1:11-cv-03286-DLC, 14 in 1:11-cv-03283-DLC, 14 in 1:11-cv-03285-DLC) Order, (10 in 1:11-cv-03283-DLC) Notice of Appearance filed by JPMorgan Chase Bank, N.A., Case Accepted as Related, (6 in 1:11-cv-03285-DLC) Redacted Document filed by Ruth Calderon-Cardona, (2 in 1:11-cv-03284-DLC) Stipulation and Order, (6 in 1:11-cv-03288-DLC) Redacted Document filed by Ruth Calderon-Cardona, (9 in 1:11-cv-03289-DLC) Rule 7.1 Corporate Disclosure Statement filed by UBS AG, (5 in 1:11-cv-03283-DLC) Redacted Document filed by Ruth Calderon-Cardona, (20 in 1:11-cv-03285-DLC) Brief, filed by Ruth Calderon-Cardona, (9 in 1:11-cv-03290-DLC) Rule 7.1 Corporate Disclosure Statement filed by Citibank, N.A. (Owner), (6 in 1:11-cv-03291-DLC) Order, (16 in 1:11-cv-03289-DLC, 16 in 1:11-cv-03289-DLC) Response, Response to Order to Show Cause filed by UBS AG, (5 in 1:11-cv-03288-DLC) Rule 7.1 Corporate Disclosure Statement filed by Deutsche Bank Trust Company Americas, (22 in 1:11-cv-03284-DLC) Brief, filed by Ruth Calderon-Cardona, (2 in 1:11-cv-03283-DLC) Stipulation and Order, (7 in 1:11-cv-03285-DLC) Notice of Case Assignment/Reassignment, (7 in 1:11-cv-03283-DLC, 7 in 1:11-cv-03283-DLC) Endorsed Letter, Set Hearings, (4 in 1:11-cv-03288-DLC) Notice of Appearance filed by Deutsche Bank Trust Company Americas, (10 in 1:11-cv-03292-DLC) Rule 7.1 Corporate Disclosure Statement filed by Bank of China, (1 in 1:11-cv-03291-DLC) Order, (21 in 1:11-cv-03291-DLC) Clerk's Judgment, (4 in 1:11-cv-03291-DLC) Redacted Document filed by Ruth Calderon-Cardona, (1 in 1:11-cv-03292-DLC) Order, (22 in 1:11-cv-03285-DLC) Declaration filed by HSBC, (3 in 1:11-cv-03283-DLC) Order, (8 in 1:11-cv-03283-DLC) Rule 7.1 Corporate Disclosure Statement filed by JPMorgan Chase Bank, N.A., (9 in 1:11-cv-03283-DLC) Notice of Appearance filed by JPMorgan Chase Bank, N.A., (16 in 1:11-cv-03290-DLC) Response filed by Citibank, N.A. (Owner), (2 in 1:11-cv-03288-DLC) Stipulation and Order, (8 in 1:11-cv-03289-DLC) Order, (20 in 1:11-cv-03290-DLC) Brief, filed by Ruth Calderon-Cardona, (11 in 1:11-cv-03283-DLC) Response filed by JPMorgan Chase Bank, N.A., (12 in 1:11-cv-03286-DLC, 12 in 1:11-cv-03286-DLC) Endorsed Letter, Set Hearings, (5 in 1:11-cv-03292-DLC) Notice of Case Assignment/Reassignment, (1 in 1:11-cv-03289-DLC) Order, (8 in 1:11-cv-03288-DLC) Order, (13 in 1:11-cv-03283-DLC) Notice (Other) filed by JPMorgan Chase Bank, N.A., (6 in 1:11-cv-03284-DLC) Order, (13 in 1:11-cv-03291-DLC) Endorsed Letter, (3 in 1:11-cv-03288-DLC) Notice of Appearance filed by Ruth Calderon-Cardona, (7 in 1:11-cv-03289-DLC) Notice of Case Assignment/Reassignment, (1 in 1:11-cv-03285-DLC) Order, (12 in 1:11-cv-03291-DLC, 12 in 1:11-cv-03291-DLC) Endorsed Letter, Set Hearings, (10 in 1:11-cv-03289-DLC) Declaration filed by UBS AG, (13 in 1:11-cv-03285-DLC) Notice of Appearance filed by HSBC, (21 in 1:11-cv-03289-DLC) Reply filed by UBS AG, (8 in 1:11-cv-03291-DLC) Rule 7.1 Corporate Disclosure Statement filed by Intesa Saopaolo, (5 in 1:11-cv-03289-DLC) Notice of Appearance filed by UBS AG, (2 in 1:11-cv-03290-DLC) Stipulation and Order, (9 in 1:11-cv-03288-DLC) Notice (Other) filed by Deutsche Bank Trust Company Americas, (9 in 1:11-cv-03292-DLC) Notice of Appearance filed by Bank of China, (13 in 1:11-cv-03284-DLC) Memorandum of Law in Opposition filed by The Bank of New York Mellon, (13 in 1:11-cv-03288-DLC, 13 in 1:11-cv-03288-DLC) Endorsed Letter, Set Hearings, (17 in 1:11-cv-03288-DLC) Declaration filed by Deutsche Bank Trust Company Americas, (10 in 1:11-cv-03290-DLC) Declaration filed by Citibank, N.A. (Owner), (9 in 1:11-cv-03284-DLC) Notice of Appearance filed by The Bank of New York Mellon, (19 in 1:11-cv-03291-DLC) Brief, filed by Ruth Calderon-Cardona, (28 in 1:11-cv-03283-DLC) Brief, filed by Ruth Calderon-Cardona |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: (27 in 1:11-cv-03289-DLC, 28 in 1:11-cv-03284-DLC, 28 in 1:11-cv-03285-DLC, 36 in 1:11-cv-03283-DLC, 26 in 1:11-cv-03292-DLC, 26 in 1:11-cv-03286-DLC, 27 in 1:11-cv-03290-DLC, 28 in 1:11-cv-03288-DLC, 25 in 1:11-cv-03291-DLC) Corrected Notice of Appeal, (27 in 1:11-cv-03285-DLC, 25 in 1:11-cv-03286-DLC, 24 in 1:11-cv-03291-DLC, 26 in 1:11-cv-03290-DLC, 26 in 1:11-cv-03289-DLC, 25 in 1:11-cv-03292-DLC, 35 in 1:11-cv-03283-DLC, 27 in 1:11-cv-03284-DLC, 27 in 1:11-cv-03288-DLC) Notice of Appeal. Filed In Associated Cases: 1:11-cv-03283-DLC et al.(tp) |
Filing 26
ORDER: The Clerk of the Court shall consolidate these cases under Docket Number 11 Civ. 3283. (Signed by Judge Denise L. Cote on 12/23/2011) Filed In Associated Cases: 1:11-cv-03283-DLC et al.(jfe)
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| Filing 25 MEMO ENDORSEMENT on re: (1 in 1:11-cv-03283-DLC) Order. ENDORSEMENT: The Clerk of Court shall consolidate these cases under Docket Number 11 Civ. 3283. (Signed by Judge Denise L. Cote on 12/21/2011) Filed In Associated Cases: 1:11-cv-03283-DLC et al.(jfe) |
| CONSOLIDATED MEMBER CASE: Create association to 1:11-cv-03283-DLC.. (jfe) |
| Filing 24 CLERK'S JUDGMENT That for the reasons stated in the Court's Opinion and Order dated December 7, 2010, the petitioners have failed to demonstrate that they are entitled to relief under TRIA §201, FSIA § 1610(g), or N.Y. C.P.L.R. §§ 5225(b) and 5227; ;the petitions for turnover of the February 18, 2011 are denied; judgment is hereby entered for respondents; accordingly, the cases are closed. (Signed by Clerk of Court Ruby Krajick on 12/8/11) (Attachments: # 1 Notice of Right to Appeal)(dt) |
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Filing 23
OPINION AND ORDER: The petitioners have failed to demonstrate that they areentitled to relief under TRIA § 201, FSIA § 1610(g), or N.Y.C.P.L.R. §§ 5225(b) and 5227. The petition for turnover of February 18, 2011 is DENIED. The Clerk of Court is directed to enter judgment for respondents and to close the cases. (Signed by Judge Denise L. Cote on 12/07/2011) (ama)
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| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Robert Joseph Tolchin to RE-FILE Document 22 Brief. Use the event type Reply Memorandum of Law(non-motion) found under the event list Other Answers. (ka) |
| Filing 22 FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - BRIEF in reply, responding to Respondents's opposition, and in further support of Petitioner's OSC. Document filed by Ruth Calderon-Cardona.(Tolchin, Robert) Modified on 9/26/2011 (ka). |
| Filing 21 ENDORSED LETTER addressed to Judge Denise L. Cote from Robert J. Tolchin dated 9/14/2011 re: Counsel for petitioner requests a further modification of the briefing schedule embodied in the July 7, 2011 scheduling Order. Counsel has received the consent from respondent who have suggested and consented to modifying the pending deadline as follows: It should be noted that this proposed schedule takes into account the various Jewish holidays that occur over this time span and are observed by various counsel herein. Any opposition by the petitioner due 9/23/11. Any respondent that has submitted a response to the petition shall submit any reply to the petitioner's opposition 10/7/11. All other respondents shall file any response or indicate that they join in previously filed responses by 10/12/11 ENDORSEMENT: Granted. There shall be no further extensions. So Ordered., ( Responses due by 10/12/2011) (Signed by Judge Denise L. Cote on 9/15/2011) (js) |
| Filing 20 ENDORSED LETTER addressed to Judge Denise L. Cote from J. Kelley Nevling, Jr. dated 9/9/2011 re: We are writing, on behalf of the Respondent Banks, to respond to the Court's direction that by September 9, 20 11, the parties should report to the Court concerning the status of their discussions regarding notice to third parties who may have a claim to or an interest in the blocked assets that are the subject of these proceedings. ENDORSEMENT: Status letter is due 10/12/2011. (Signed by Judge Denise L. Cote on 9/12/2011) (jar) |
| Filing 19 ENDORSED LETTER addressed to Judge Denise L. Cote from Robert J. Tolchin dated 9/8/2011 re: Counsel for the petitioners propose the following modification of the briefing schedule: Any opposition by the petitioner by 9/13/2011, Parties to submit letter advising the Court on the status of negotiations as to the method of notice by 9/13/2011, Any respondent that has submitted a response tothe petition shall submit any reply to the petitioner's opposition by 9/20/2011, and all other respondents shall file any response or indicate that they join in previously filed responses by 9/24/2011. ENDORSEMENT: Granted. (Responses due by 9/24/2011, Replies due by 9/20/2011.) (Signed by Judge Denise L. Cote on 9/9/2011) (ft) |
| Filing 18 DECLARATION of J. Kelley Nevling, Jr.. Document filed by The Bank of New York Mellon. (Nevling, J.) |
| Filing 17 ENDORSED LETTER addressed to Judge Denise L. Cote from Mark P. Gimbel dated 7/20/11 re: Counsel for Deutsche Bank Trust Company Americas requests the opportunity to join in any additional arguments that may be made by JPM or BNY by filing a brief joinder by August 5, the same deadlines set for the other respondent banks to join in previous submissions. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 7/21/2011) (mro) |
| Filing 16 ENDORSED LETTER addressed to Judge Denise L. Cote from J. Kelley Nevling, Jr. dated 7/20/11 re: Counsel for the respondents requests that the Court extend their time to submit revised memorandums of law and responses to the Petition by one week, from 7/22/11 to 7/29. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 7/21/2011) (mro) |
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Filing 15
ORDER: 1) Respondents JPMorgan Chase Bank, N.A., The Bank of New York Mellon, and Deutsche Bank Trust Company Americas shall file any revisions to their previously submitted responses to the petition by 7/22/2011. 2) All other respondents shall indicate that they join in the responses filed on 7/22/2011 or file their own responses by 8/5/2011. 3) The United States Government shall file any statement of interest in the case by 8/5/2011. 4) Any opposition by the petitioner shall be filed by 9/9/2011. 5) The parties shall submit a letter advising the Court on the status of negotiations as to the method of notice by 9/9/2011. 6) Any respondent that has submitted a response to the petition shall submit any reply to the petitioner's opposition by 9/16/2011. 7) All other respondent's shall file any response of indicate that they join in previously filed responses by 9/20/2011. (Signed by Judge Denise L. Cote on 7/7/2011) (ab)
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| Minute Entry for proceedings held before Judge Denise L. Cote: Initial Pretrial Conference held on 7/7/2011. Court Reporter Sonia Huggins present. (mbe) |
| Filing 14 NOTICE of (Stipulation and Order of Adjournment) re: 4 Redacted Document. Document filed by The Bank of New York Mellon. (Nevling, J.) |
| Filing 13 MEMORANDUM OF LAW in Opposition re: 4 Redacted Document (Memorandum of Law of Respondent The Bank of New York Mellon in Response to Amended Order to Show Cause of Petitioners). Document filed by The Bank of New York Mellon. (Nevling, J.) |
| Filing 12 RESPONSE re: 4 Redacted Document (Answer to Petition). Document filed by The Bank of New York Mellon. (Nevling, J.) |
| Filing 10 NOTICE OF APPEARANCE by J. Kelley Nevling, Jr on behalf of The Bank of New York Mellon (Nevling, J.) |
| Filing 9 NOTICE OF APPEARANCE by Howard B. Levi on behalf of The Bank of New York Mellon (Levi, Howard) |
| Filing 8 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying The Bank of New York Mellon Corporation as Corporate Parent. Document filed by The Bank of New York Mellon.(Levi, Howard) |
| Filing 11 ENDORSED LETTER addressed to Judge Denise L. Cote from Mark P. Gimbel dated 6/2/2011 re: Counsel for the Respondent writes to request that the Court reschedule the 6/7/2011 initial conference. ENDORSEMENT: The conference is adjourned to 7/7/2011 at 2:00 PM. (Initial Conference set for 7/7/2011 at 02:00 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 6/6/2011) (ab) |
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Filing 7
ORDER, that a conference will be held on June 7, 2011 at 10:30 a.m. in Courtroom llB, 500 Pearl Street. The conference must be attended by the attorney who will serve as principal trial counsel. IT IS FURTHER ORDERED that counsel for the plaintiffs is directed to serve a copy of this Order on all counsel. ( Status Conference set for 6/7/2011 at 10:30 AM in Courtroom 11B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 5/31/11) (pl) Modified on 5/31/2011 (pl).
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Filing 6
UNSEALING ORDER: IT IS HEREBY ORDERED: 1. All pleadings, motion papers and other documents filed in this proceeding from the time that a separate index number is assigned to this proceeding shall be filed electronically under that index number, in accordance with this Court's Electronic Case Filing Rules and Instructions, so as to be publicly available, unless such documents contain (a) account numbers of bank accounts; (b) information regarding the name or identity of any person or entity that is the nominal or actual account holder of any deposit account at any bank or a beneficial owner of or party interested in the funds in any such account; (c) information regarding the name or identity of any person or entity who was a party to or participant in any wire transfer, or a person or entity who expected or was intended to benefit from any such transfer or was interested in the proceeds of any such transfer; (d) the amount on deposit at any time in any bank account or the amount of the proceeds, with or without accrued interest, of any wire transfer; and (e) any other information the disclosure of which may violate the privacy or bank secrecy laws of this or any other country (The information referred to in subparagraphs (a) through (e) of this paragraph will be referred to hereafter as "Account Information"), as further set forth within this Order. (Signed by Judge Richard J. Holwell on 5/9/2011) (jfe)
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| Filing 5 NOTICE OF CASE ASSIGNMENT to Judge Denise L. Cote. Judge Unassigned is no longer assigned to the case. (sjo) |
| Magistrate Judge Debra C. Freeman is so designated. (sjo) |
| CASE ACCEPTED AS RELATED. Create association to 1:11-cv-03283-DLC. Notice of Assignment to follow. (sjo) |
| Filing 4 REDACTION of Order to Show Cause and Turnover Petition by Ruth Calderon-Cardona (Attachments: # 1 Supplement)(Tolchin, Robert) |
| Filing 3 NOTICE OF APPEARANCE by Robert Joseph Tolchin on behalf of Ruth Calderon-Cardona (Tolchin, Robert) |
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Filing 2
STIPULATION AND ORDER AGREED by the attorneys for the undersigned parties that: Counsel for Petitioners/Judgment Creditors will, at its expense, translate into the Korean language the Amended Order to Show Cause and cause, in accordance with 28 U.S.C. § 1608, the Clerk of the Court to serve by registered mail and/or DHL the Amended Order to Show Cause, together with a copy of the Petition, and a Korean translation of the Judgment, on the Democratic People's Republic of North Korea and the Patent Office together with a notice declaring that unless it appears within sixty (60) days to oppose turnover, the Blocked Funds will be subject to turnover and execution pursuant to 28 U.S.C. §§ 1605A and § 1610(g). Counsel for Respondent/Garnishee will provide to counsel for Petitioners/Judgment Creditors the address of the Patent Office within thirty (30) days of the signing of this stipulation by both parties as set forth in this order. SO ORDERED (Signed by Judge Richard J. Holwell on 5/9/11) (Original filed in M18-302 Doc. # 98) (jmi) Modified on 5/18/2011 (jmi).
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Filing 1
ORDER The Clerk's Office will assign a separate index number to each of the above-captioned proceedings, and all documents filed in each of the proceedings from the time that index number is assigned to that proceeding will be filed under the assigned index number. The requisite filing fee for each of the above-captioned proceedings is waived. The above-captioned proceedings shall be consolidated and assigned to one judge. Consolidation is appropriate because each of the proceedings is a petition to execute the judgment in Calderon-Cardona, et al. v. Democratic People's Republic of Korea, et al., No. 08 Civ. 1367 (Dist. P.R.); all of the petitions have heretofore proceeded together; and further proceedings are likely to require adjudication of related and substantially identical issues. (Signed by Judge Richard J. Holwell on 5/9/11) Original filed in M18-302 Doc. # 97)(jmi)
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| Case Designated ECF. (jmi) |
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| Search for this case: Calderon-Cardona v. The Bank of New York Mellon | |
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| Petitioner: Ruth Calderon-Cardona | |
| Represented By: | Robert Joseph Tolchin |
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| Respondent: The Bank of New York Mellon | |
| Represented By: | Howard B. Levi |
| Represented By: | J. Kelley Nevling, Jr |
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