Vera v. The Republic of Cuba
Plaintiff: Aldo Vera, Jr.
Defendant: The Republic of Cuba and Banco Financiero Internacional S.A.
Petitioner: Alfredo Villoldo, Jeanette Fuller Hausler, Gustavo Villoldo and William O. Fuller
Respondent: Intesa Sanpaolo S.p.A., HSBC Bank USA, N.A., Bank of New York Mellon, Banco Bilbao Vizcaya Argentaria, S.A., Brown Brothers Harriman & CO., Credit Agricole Corporate & Investment Bank, Paris and Credit Lyonnais S.A. n/k/a LCL-LE Credit Lyonnais S.A.
Garnishee: RBS Citizens, N.A., Deutsche Bank Trust Company Americas, Commerzbank AG, Societe Generale, Credit Agricole Corporate & Investment Bank, Standard Chartered Bank, Mercantil Commercebank, N.A., Bank of America, N.A., UBS AG, Citibank, N.A., Wells Fargo Bank, N.A., Credit Suisse AG, New York Branch, JPMorgan Chase Bank, N.A.,, Barclays Bank PLC, Banco Santander, S.A., HSBC Bank and Royal Bank of Canada
3Rd Party Defendant: BBVA Colombia S.A., AT&T Corp., Banco Bilbao Vizcaya Argentaria S.A., Banco Nacional de Mexico (Banamex), Bank of the Bahamas Limited, Canadian Imperial Bank of Commerce, Havanatur, S.A., Havin Bank Limited, JPMorgan Chase Bank, N.A., Ministerio de Relaciones Exteriores, MOA Nickel S.A., Netherlands Caribbean Bank N.V., Sherritt International Corporation, Vinales Tours, S.A., Jeannette Fuller Hausler, William Fuller, Australia and New Zealand Banking Group, Banco De Sabadell S.A., Casa Financiera Fintur, S.A., Consulado de Cuba In Barcelona, Credit Agricole Corporate and Investment Bank, Cubaniquel, Deutsche Bank AG, Etco International Commodities Ltd, ING Bank NV Curaao, LCL, S.A., Lloyds Bank Plc, Naviera Armamex S.A. de C.V., SITA Information Networking Computing B.V., Banco Espaol De Credito (Banesto), Banco Popular Espaol S.A., Banco Sudameris Brazil, Ciliberti Santina, Corporacin Habanos S.A., Cubana De Aviacin S.A., Cubanacan Comercio Internacional LTDA, Havana Holdings Limited, ING Bank N.V. (London, UK branch), Royal Bank of Scotland International Ltd, Banca Monte dei Paschi di Siena S.p.A., Banco Nacional de Cuba, Coral Container Lines S.A., ING Bank N.V., Linshang Bank Co., Ltd., MCV Comercial S.A., Tecnoimport Havana Cuba, Acinox S.A., Cubana De Aviacion S.A., SBH Tabac EURL (a/k/a La Casa Del Habano), Corporacion Habanos, S.A., The Windward Islands Bank Ltd., Fennina Jamel, BBVA Bancomer, S.A., Cubanacan Negocios Mexico, S.A. de C.V., ING Bank N.V. (Curacao), Casa Financiera Fintur S.A., Niref B.V., VTB Bank (a/k/a Bank for Foreign Trade of the Russian Federation), Inkombank, JSC Zarubezhtsvetmet, AT&T Inc., Cuban-American Telephone & Telegraph Company, Empresa De Telecomunicaciones Internacionales De Cuba (Emtelcuba), Empresa de Radiocomunicacin Y Difusin De Cuba, Empresa De Telecomunicaciones De Cuba SA (Etecsa), Republic of Cuba, Aldo Vera, Jr., as Personal Representative of the Estate of Aldo Vera, Sr., Jeannette Fuller Hausler, as court-appointed co-representatives of the Estate of Robert Otis Fuller, deceased, on behalf of all beneficiaries of the Estate and the Estate of Robert Otis Fuller, William Fuller as court-appointed co-representatives of the Estate of Robert Otis Fuller, deceased, on behalf of all beneficiaries of the Estate and the Estate of Robert Otis Fuller, Alfredo Villoldo, individually, Gustavo E. Villoldo, individually and as Administrator, Executor, and Personal Representative of the Estate of Gustavo Villoldo Argilagos, Lucia Schueg Nielsen, and her heirs and assigns, Edwin H. Nielsen, as Executor of the Estate of Victor H. Schueg, Enriqueta Schueg Bosch, and her heirs and assigns, Unknown John Doe Shareholders of Acueducto Yateritas, S.A., and their heirs and assigns, Acueducto Yateritas, S.A., and its successor-in-interest, if any, The Republic of Cuba, or its designee to the extent it or its designee is the successor-in-interest to Acueducto Yateritas, S.A., Martinez Amores, Maria Del Carmen Fojo Lage, Guillermina Doval Agusti, Nicasio Escalante, Cristina Gelats Fabregas, Jose Feliu Garcia, Amelia Garcia Gomez, Alberto Antonio Perez Munoz, Conrado Enrique Perez Munoz, Maria Del Carmen Munoz Y Solis, Hilda Casell De Pella, Maria Amelia Daniela Pella, Maria Luisa Aldana Pella, Matilde Pella, Oscar A. Aldana Pella, Oscar Pella, and the heirs and assigns of all such parties, Casimiro Garcia Garcia, and his or her heirs and assigns, Francisco Garcia Diaz, Amelia Garcia Diaz, Jose Gomez Mena, Juan Morales Y Pedroso; and the heirs and assigns of all such parties, Richard Escobar, and his heirs and assigns, Michael L. Jones, and his heirs and assigns, Carlos A. Ramirez, and his heirs and assigns, Alfredo Alfonso, Eugenio Alonso, Delcampa Odon Alvarez, Orlando Argiz, Nicolas Barrios, Jesus Brito, Jose M. Cuesto, Pedro Delaroso, Oscar Delus Reyes, Andres Derios, Carlos Diaz, Luis Echegoyen, Hermenegildo Enriquez, Rene Excajadillo, Mirtha Estevez, Constantine Fernandez, Jesus A. Garcia, Ignacio Gomez, Miguel A. Gonzalez, Cecilia Gutierrez, Maximo Hernandez, Jose Lago, Alberto Lopez, Luis F. Montes, Raul Munoz, Jesus Novo, Jose L. Olivarres, Luis Otano, Olga Perez, Guadelupe Prieto, Dearrelano Ramirez, Enrique Rodriguez, Julia Rodriguez, Mario Rodriquez, Jose Suarez, Carmen Travieso, Manuel Trinchet, Pablo Vidal, and their heirs and assigns of all such parties, Banco Nacional de Cuba, as the successor in interest to Banco Gelats and any other private Cuban bank through which the Cuban Nationals named as Adverse Claimants-Respondents herein may have opened lo, Demetrio Alvares and Hilda Maria Pella
Not Yet Classified: MOPEDS Slovakia L.T.D., Unicredit Bank Czech Republic and Slovakia, a.s. and Wiliam Fuller
Alternative Dispute Resolution (Adr) Provider: Banco do Brasil, S.A., BPD Bank, Banco Internacional De Comercio, S.A. and ING Bank France, Succursale De ING Bank N.V.
Intervenor: National Bank of Canada, National Bank Financial Group and Gustavo E. Villoldo
Case Number: 1:2012cv01596
Filed: March 5, 2012
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: New York
Presiding Judge: Alvin K Hellerstein
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. § 1331
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 4, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 4, 2021 Opinion or Order Filing 992 LETTER addressed to Judge Alvin K. Hellerstein from Robert A. Swift dated January 4, 2021 re: Termination of the Litigation. Document filed by Aldo Vera, Jr...(Swift, Robert)
April 30, 2020 Opinion or Order Filing 991 LETTER addressed to Judge Alvin K. Hellerstein from James W. Perkins dated April 30, 2020 re: Compliance with Courts order dated March 4, 2020 (ECF No. 990). Document filed by William O. Fuller..(Perkins, James)
March 4, 2020 Opinion or Order Filing 990 ORDER ON REMAND. The mandate having issued, and in accordance with the order of the Second Circuit (ECF No. 989): 1. The Amended Omnibus Petition for Turnover Order (ECF No. 423) is dismissed with prejudice due to lack of subject matter jurisdiction. 2. This Court's previous turnover orders (ECF Nos. 739, 929, 930, 932) are vacated. 3. Petitioners shall make restitution to Banco Bilbao Vizcaya Argentaria, S.A. of all funds received from said bank under the vacated turnover orders. So Ordered. (Signed by Judge Alvin K. Hellerstein on 3/4/20) (yv)
February 28, 2020 Opinion or Order Filing 989 MANDATE of USCA (Certified Copy) as to #973 Notice of Appeal,, filed by Banco Bilbao Vizcaya Argentaria, S.A. USCA Case Number 18-2345-cv. IT IS HEREBY ORDERED, ADJUDGED and DECREED that the district court's judgment is REVERSED, the turnover orders are VACATED, and case is REMANDED to the district court with instructions to dismiss the amended Omnibus Petition and issue an order directing Appellees to return to BBVA the funds that BBVA paid them under the void turnover orders. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 02/28/2020. (Attachments: #1 Opinion).(nd)
February 28, 2020 Opinion or Order Transmission of USCA Mandate to the District Judge re: #989 USCA Mandate..(nd)
January 7, 2020 Opinion or Order Filing 988 ORDER: granting #987 Letter Application to Change Attorney Name on Roll that previously admitted under the name of Gregory S. Nieberg is now admitted to practice on the rolls of attorneys of the Southern District of New York. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 1/07/2020). *** Attorney Gregory Scott Nieberg terminated. (ama) Modified on 1/7/2020 (ama).
January 2, 2020 Opinion or Order Filing 987 LETTER APPLICATION to Change Attorney's Name on the rolls of attorneys of the Southern District of New York from to addressed to Judge Alvin K. Hellerstein from Gregory S. Nieberg dated January 2, 2020. Document filed by Deutsche Bank Trust Company Americas.(Nieberg, Gregory)
December 30, 2019 Opinion or Order Filing 986 USCA OPINION (Certified) as to #973 Notice of Appeal,, filed by Banco Bilbao Vizcaya Argentaria, S.A. USCA Case Number 18-2345-cv. Respondent-Appellant Banco Bilbao Vizcaya Argentaria, S.A. ("BBVA") appeals from an August 2, 2018 final judgment of the U.S. District Court for the Southern District of New York (Hellerstein, J.) entered following issuance of our mandate in Vera v. Banco Bilbao Vizcaya Argentaria, S.A., 729 Fed. App'x 106 (2d Cir. 2018). As relevant here, the District Court's judgment rendered final several of its previous orders requiring BBVA to turn over funds to Petitioners-Appellees Jeannette Fuller Hausler, Gustavo E. Villoldo, and Alfredo Villoldo from a blocked electronic fund transfer originated by the Cuban Import-Export Corporation, an instrumentality of the Republic of Cuba. These turnover orders, in turn, rested on the District Court's grant of full faith and credit to default judgments that Petitioners-Appellees secured against Cuba in Florida state courts, whose jurisdiction against the sovereign was asserted under the stat-sponsored terrorism exception of the Foreign Sovereign Immunities Act, 28 U.S.C. 1605A ("FSIA"). The District Court made no independent findings regarding its own jurisdiction to enforce these judgments under the FSIA, and in particular under section 201(a) of the Terrorism Risk Insurance Act, 28 U.S.C. 1610 note. Because our review of the record convinces us that jurisdiction did not lie, we reverse the judgment of the District Court, vacate the District Court's turnover orders, and remand the cause with instructions to dismiss the action for lack of subject-matter jurisdiction. Applying common-law equitable principles of restitution, we further direct the District Court to order Petitioners-Appellees, as well as Plaintiff-Appellee Aldo Vera, Jr., also a party in these proceedings and a beneficiary of the same turnover orders, to return to BBVA the funds that BBVA paid them under the void turnover orders. REVERSED and REMANDED with instructions. JUDGE CABRANES joins the judgment of the Court.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 12/30/2019. (nd)
December 30, 2019 Opinion or Order Transmission of USCA Opinion to the District Judge re: #986 USCA Opinion.(nd)
August 27, 2019 Opinion or Order Filing 985 ORDER CLOSING CASE... Final judgment having been entered on August 2, 2018 (ECF No. 972), the Clerk shall mark this case administratively closed, without prejudice to re-opening following a decision in the currently pending appeal. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 8/26/19) (yv)
May 21, 2019 Opinion or Order Filing 984 MEMO ENDORSED ORDER granting #981 Motion to Substitute Party. ENDORSEMENT: So Ordered. (William O. Fuller added. Jeanette Fuller Hausler (as Successor Personal Representative of the Estate of Robert Otis Fuller, Deceased, on behalf of Thomas Caskey as Personal Representative of the Estate of Lynita Fuller Caskey surviving daughter of Robert Otis Fuller) terminated.) (Signed by Judge Alvin K. Hellerstein on 5/21/19) (yv)
May 17, 2019 Opinion or Order Filing 983 MEMORANDUM OF LAW in Support re: #981 MOTION to Substitute Party. Old Party: Jeanette Fuller, New Party: William O. Fuller . . Document filed by Jeanette Fuller Hausler. (Perkins, James)
May 17, 2019 Opinion or Order Filing 982 DECLARATION in Support re: #981 MOTION to Substitute Party. Old Party: Jeanette Fuller, New Party: William O. Fuller .. Document filed by Jeanette Fuller Hausler. (Attachments: #1 Exhibit Letters of Appointment, #2 Exhibit Certificate of Death)(Perkins, James)
May 17, 2019 Opinion or Order Filing 981 MOTION to Substitute Party. Old Party: Jeanette Fuller, New Party: William O. Fuller . Document filed by Jeanette Fuller Hausler.(Perkins, James)
May 17, 2019 Opinion or Order Filing 980 NOTICE OF APPEARANCE by James Wilson Perkins on behalf of Jeanette Fuller Hausler. (Perkins, James)
April 30, 2019 Opinion or Order Filing 979 MEMO ENDORSEMENT on re: #978 Letter filed by Jeanette Fuller Hausler. ENDORSEMENT: So ordered. ( Motions due by 5/17/2019.) (Signed by Judge Alvin K. Hellerstein on 4/30/2019) (mro)
April 29, 2019 Opinion or Order Filing 978 CONSENT LETTER addressed to Judge Alvin K. Hellerstein from James W. Perkins dated April 29, 2019 re: Extension of Time to File Rule 25 Motion. Document filed by Jeanette Fuller Hausler.(Perkins, James)
January 28, 2019 Opinion or Order Filing 977 LETTER addressed to Judge Alvin K. Hellerstein from James W. Perkins dated January 28, 2019 re: the passing of Jeanette Fuller Hausler and the need to substitute a successor representative for the Estate of Robert Otis Fuller, Deceased. Document filed by Jeannette Fuller Hausler, as court-appointed co-representatives of the Estate of Robert Otis Fuller, deceased, on behalf of all beneficiaries of the Estate and the Estate of Robert Otis Fuller.(Perkins, James)
January 7, 2019 Opinion or Order Filing 976 ORDER granting #975 Letter Motion to Substitute Attorney. So ordered. Attorney J. Kelley Nevling, Jr terminated. (Signed by Judge Alvin K. Hellerstein on 1/7/2019) (ne)
January 2, 2019 Opinion or Order Filing 975 LETTER MOTION to Substitute Attorney. Old Attorney: J. Kelley Nevling, Jr., Esq., New Attorney: Steven B. Feigenbaum, Esq. addressed to Judge Alvin K. Hellerstein from J. Kelley Nevling, Jr., Esq. dated January 2, 2019. Document filed by Bank of New York Mellon.(Nevling, J.)
August 24, 2018 Opinion or Order Filing 974 ORDER TERMINATING MOTIONS terminating #947 Letter Motion for Extension of Time to File ; terminating #961 Letter Motion for Leave to File Document. The clerk shall terminate Dkt. Nos. 947, 961. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 8/23/18) (yv)
August 3, 2018 Opinion or Order Filing 973 NOTICE OF APPEAL from #676 Order on Motion for Reconsideration, Order on Motion for Reargument,, #666 Memorandum & Opinion,,,, #951 Order,, #972 Judgment, Add and Terminate Parties,,,, #767 Order on Motion for Reconsideration,,, #932 Order,, #930 Order,, #739 Memorandum & Opinion,,,,,,, #929 Order on Motion to Stay, Order on Motion to Enforce Judgment,,,,,,. Document filed by Banco Bilbao Vizcaya Argentaria, S.A.. Filing fee $ 505.00, receipt number 0208-15404480. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Caruso, Kenneth)
August 3, 2018 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #973 Notice of Appeal,,. (nd)
August 3, 2018 Opinion or Order Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #973 Notice of Appeal filed by Banco Bilbao Vizcaya Argentaria, S.A. were transmitted to the U.S. Court of Appeals. (nd)
August 2, 2018 Opinion or Order Filing 972 FINAL JUDGMENT: NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED, as follows: 1. Final judgment shall be entered as follows: a. The Amended Petition is dismissed with prejudice against BBVA, except as to the claims adjudicated in the Turnover Order and Turnover Enforcement Orders. b. All writs of execution, notices of pending action, restraining notices, and other judgment-creditor process of any kind served on, or delivered to, BBVA are vacated. Banco Bilbao Vizcaya Argentaria S.A. and Banco Bilbao Vizcaya Argentaria, S.A. (Third-Party Respondents/Adverse Claimants) terminated. (Signed by Judge Alvin K. Hellerstein on 8/2/2018) (ne)
August 1, 2018 Opinion or Order Filing 971 PROPOSED JUDGMENT. Document filed by Banco Bilbao Vizcaya Argentaria, S.A.. (Caruso, Kenneth)
August 1, 2018 Opinion or Order Filing 970 LETTER addressed to Judge Alvin K. Hellerstein from Kenneth A. Caruso dated August 1, 2018 re: [Proposed] Final Judgment. Document filed by Banco Bilbao Vizcaya Argentaria, S.A.. (Attachments: #1 [Proposed] Final Judgment)(Caruso, Kenneth)
July 25, 2018 Opinion or Order Filing 969 MEMO ENDORSEMENT on re: #965 Response to Motion, filed by Banco Bilbao Vizcaya Argentaria, S.A. ENDORSEMENT: Rejected for reasons expressed in order of 7/23/18. (Signed by Judge Alvin K. Hellerstein on 7/25/2018) (ne)
July 23, 2018 Opinion or Order Filing 968 MEMO ENDORSEMENT on re: #964 Letter, filed by Jeannette Fuller Hausler, as court-appointed co-representatives of the Estate of Robert Otis Fuller, deceased, on behalf of all beneficiaries of the Estate and the Estate of Robert Otis Fuller, Jeannette Fuller Hausler. ENDORSEMENT: Denied w/out prejudice. See endorsement on BBVA submission and my order issued today. (Signed by Judge Alvin K. Hellerstein on 7/23/2018) (rro)
July 23, 2018 Opinion or Order Filing 967 MEMO ENDORSEMENT on re: #963 Letter filed by Banco Bilbao Vizcaya Argentaria, S.A. ENDORSEMENT: In light of my order issued today, establishing a procedure for settling judgment, this submission is denied without prejudice. (Signed by Judge Alvin K. Hellerstein on 7/23/2018) (rro)
July 23, 2018 Opinion or Order Filing 966 ORDER ON REMAND: The mandate having issued, the parties shall settle on a final order and judgment in the following manner: By August 1, 2018, Respondent Banco Bilbao Vizcaya Argentaria, S.A. ("BBVA") shall propose an order to Petitioners. By August 8, 2018, Petitioners shall propose an order agreeing and disagreeing with the proposal of BBVA. The parties shall engage with each other and, by August 14, 2018, submit to the Court a single order, reflecting the parties' agreement, and in the case of disagreement their alternative proposals, along with explanatory memoranda. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 7/23/2018) (rro)
July 23, 2018 Opinion or Order Filing 965 LETTER RESPONSE to Motion addressed to Judge Alvin K. Hellerstein from Kenneth A. Caruso dated July 23, 2018 re: #961 LETTER MOTION for Leave to File Additional Briefing addressed to Judge Alvin K. Hellerstein from Andrew C. Hall, Esq. dated July 19, 2018. . Document filed by Banco Bilbao Vizcaya Argentaria, S.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Caruso, Kenneth)
July 20, 2018 Opinion or Order Filing 964 LETTER addressed to Judge Alvin K. Hellerstein from James W. Perkins dated July 20, 2018 re: Submission of Counter-Proposed Judgment. Document filed by Jeannette Fuller Hausler, Jeannette Fuller Hausler, as court-appointed co-representatives of the Estate of Robert Otis Fuller, deceased, on behalf of all beneficiaries of the Estate and the Estate of Robert Otis Fuller. (Attachments: #1 Counter Proposed Judgment (clean copy), #2 Counter Proposed Judgment (marked copy))(Perkins, James)
July 20, 2018 Opinion or Order Filing 963 LETTER addressed to Judge Alvin K. Hellerstein from Kenneth A. Caruso dated July 20, 2018 re: [Proposed] Final Judgment. Document filed by Banco Bilbao Vizcaya Argentaria, S.A.. (Attachments: #1 [Proposed] Final Judgment)(Caruso, Kenneth)
July 20, 2018 Opinion or Order Transmission of USCA Mandate to the District Judge re: #962 USCA Mandate,. (nd)
July 19, 2018 Opinion or Order Filing 962 MANDATE of USCA (Certified Copy) as to #933 Amended Notice of Appeal, filed by Banco Bilbao Vizcaya Argentaria, S.A., #931 Notice of Appeal, filed by Banco Bilbao Vizcaya Argentaria, S.A. USCA Case Number 17-1779. UPON DUE CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the appeal is DISMISSED for lack of appellate jurisdiction.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 07/19/2018. (nd)
July 19, 2018 Opinion or Order Filing 961 LETTER MOTION for Leave to File Additional Briefing addressed to Judge Alvin K. Hellerstein from Andrew C. Hall, Esq. dated July 19, 2018. Document filed by Alfredo Villoldo, individually, Gustavo E. Villoldo, individually and as Administrator, Executor, and Personal Representative of the Estate of Gustavo Villoldo Argilagos. (Attachments: #1 Exhibit A)(Hall, Andrew)
June 28, 2018 Opinion or Order Filing 960 TRUE COPY ORDER of USCA as to #933 Amended Notice of Appeal, filed by Banco Bilbao Vizcaya Argentaria, S.A., #931 Notice of Appeal, filed by Banco Bilbao Vizcaya Argentaria, S.A. USCA Case Number 17-1779-cv. We have reviewed all of appellant's remaining arguments and find them to be without merit. Accordingly, we DISMISS the appeal for lack of appellate jurisdiction. With the turnover orders issued and the funds disbursed to the appellees, however, we direct the District Court to issue an appealable final judgment expeditiously. We also instruct the Clerk of our Court to direct any appeal from that judgment to this panel.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 06/28/2018. (nd)
June 26, 2018 Opinion or Order Filing 959 NOTICE OF CHANGE OF ADDRESS by Steven B. Feigenbaum on behalf of Bank of New York Mellon. New Address: Katsky Korins LLP, 605 Third Avenue, 16th Floor, New York, NY, 10158, 2127163278. (Feigenbaum, Steven)
May 1, 2018 Opinion or Order Transmission of USCA Mandate/Order to the District Judge re: #958 USCA Mandate - Other. (tp)
April 30, 2018 Opinion or Order Filing 958 MANDATE of USCA (Certified Copy) USCA Case Number 17-4043. Petitioner has filed a petition for a writ of mandamus. Upon due consideration, it is hereby ORDERED that the mandamus petition is DENIED because Petitioner has not demonstrated that exceptional circumstances warrant the requested relief. See Linde v. Arab Bank, PLC, 706 F.3d 92, 107 (2d Cir. 2013). Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Order: 4/30/2018. (tp)
April 24, 2018 Opinion or Order Filing 957 NOTICE OF CHANGE OF ADDRESS by Robert Alan Swift on behalf of Aldo Vera, Jr. New Address: Kohn, Swift & Graf, P.C., 1600 Market Street, Suite 2500, Philadelphia, PA, United States 19103, 2152381700. (Swift, Robert)
April 24, 2018 Opinion or Order Filing 956 NOTICE OF CHANGE OF ADDRESS by Robert Alan Swift on behalf of Aldo Vera, Jr. New Address: Kohn, Swift & Graf, P.C., 1600 Market Street, Suite 2500, Philadelphia, PA, United States 19103, 2152381700. (Swift, Robert)
April 18, 2018 Opinion or Order Filing 955 MEMO ENDORSEMENT on NOTICE OF WITHDRAWAL OF COUNSEL. PLEASE TAKE NOTICE that, pursuant to Rule 1.4 of the Local Rules for the United States District Court for the Southern and Eastern Districts of New York, Kathleen Gardner is no longer associated with Park Jensen Bennett LLP and should be removed from the Court's service list with respect to the above referenced actions. Park Jensen Bennett continues to serve as counsel for Respondent-Garnishee Brown Brothers Harriman & Co., and all future correspondence and papers in this action should continue to be directed to them. ENDORSEMENT: SO ORDERED. Attorney Kathleen E. Gardner terminated. (Signed by Judge Alvin K. Hellerstein on 4/18/2018) (mro)
November 28, 2017 Opinion or Order Filing 954 MEMO ENDORSEMENT on re: #952 Letter, filed by Banco Bilbao Vizcaya Argentaria, S.A. ENDORSEMENT: The order that I filed fully disposed of the Court of Appeals' mandate. Judgment will not be entered at this time. (Signed by Judge Alvin K. Hellerstein on 11/28/2017) (ras)
November 28, 2017 Opinion or Order Filing 953 LETTER addressed to Judge Alvin K. Hellerstein from Roarke Maxwell, Esq. dated 11/28/2017 re: Establishing Court Record. Document filed by Gustavo E. Villoldo, individually and as Administrator, Executor, and Personal Representative of the Estate of Gustavo Villoldo Argilagos. (Attachments: #1 Exhibit Order, #2 Exhibit Hearing Transcript)(Hall, Andrew)
November 27, 2017 Opinion or Order Filing 952 LETTER addressed to Judge Alvin K. Hellerstein from Kenneth A. Caruso dated November 27, 2017 re: BBVA's request, opposed by Petitioners, for the entry of final judgment #948 . Document filed by Banco Bilbao Vizcaya Argentaria, S.A..(Caruso, Kenneth)
November 13, 2017 Opinion or Order Filing 951 ORDER ON REMAND FROM THE COURT OF APPEALS: IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows: 1. The Judgment in favor of Aldo Vera, Jr., against the Republic of Cuba (Dkt. No. 12) is vacated. 2. BBVA's cross-motion to quash the Vera Subpoena (Dkt. No. 355) is granted. 3. The Contempt Order (Dkt. No. 891) is vacated. 4. The Enforcement Order (Dkt. Nos. 677, 2014 U.S. Dist. LEXIS 187222), and the enforcement portion of the Order following reconsideration (Dkt. No. 739, 91 F. Supp. 3d 561), are vacated as to Vera. (Signed by Judge Alvin K. Hellerstein on 11/13/2017) (ras)
November 1, 2017 Opinion or Order Filing 950 LETTER addressed to Judge Alvin K. Hellerstein from Kenneth A. Caruso dated November 1, 2017 re: Mr. Hall's recent submission on behalf of Petitioner Villoldo #949 . Document filed by Banco Bilbao Vizcaya Argentaria, S.A..(Caruso, Kenneth)
October 31, 2017 Opinion or Order Filing 949 LETTER addressed to Judge Alvin K. Hellerstein from Andrew C. Hall dated October 31 2017 Document filed by Alfredo Villoldo, individually, Gustavo E. Villoldo, individually and as Administrator, Executor, and Personal Representative of the Estate of Gustavo Villoldo Argilagos. (Attachments: #1 Affidavit of Andrew C. Hall, #2 Affidavit of Gustavo Villoldo, #3 Exhibit A to Gustavo Villoldo Affidavit, #4 Affidavit of Elia Lora)(Hall, Andrew)
October 26, 2017 Opinion or Order Filing 948 LETTER addressed to Judge Alvin K. Hellerstein from Kenneth A. Caruso dated October 26, 2017 re: Joint Statement of the Parties' Positions on BBVA's [Proposed] Order on Remand from the Court of Appeals and BBVA's [Proposed] Final Judgment. Document filed by Banco Bilbao Vizcaya Argentaria, S.A.. (Attachments: #1 Exhibit 1 - BBVA's [Proposed] Order on Remand from the Court of Appeals, #2 Exhibit 2 - Parties' Joint Submission re: [Proposed] Order, #3 Exhibit 3 - BBVA's [Proposed] Final Judgment, #4 Exhibit 4 - Parties' Joint Submission re: [Proposed] Final Judgment)(Caruso, Kenneth)
October 25, 2017 Opinion or Order Filing 947 LETTER MOTION for Extension of Time to File addressed to Judge Alvin K. Hellerstein from Kenneth A. Caruso dated October 25, 2017. Document filed by Banco Bilbao Vizcaya Argentaria, S.A..(Caruso, Kenneth)
October 24, 2017 Opinion or Order Filing 946 ORDER granting #945 Letter Motion for Extension of Time. So ordered. (Signed by Judge Alvin K. Hellerstein on 10/24/2017) (mro)
October 23, 2017 Opinion or Order Filing 945 JOINT LETTER MOTION for Extension of Time addressed to Judge Alvin K. Hellerstein from Christopher D. Volpe dated October 23, 2017. Document filed by Banco Bilbao Vizcaya Argentaria, S.A..(Volpe, Christopher)
October 13, 2017 Opinion or Order Filing 944 MEMO ENDORSEMENT on re: #943 LETTER MOTION for Extension of Time to submit a joint submission regarding a proposed order and a proposed judgment submitted to the Court addressed to Judge Alvin K. Hellerstein from Kenneth A. Caruso dated October 12, 2017, filed by Banco Bilbao Vizcaya Argentaria, S.A. ENDORSEMENT: So ordered. Counsel will submit a proposed order and judgment on October 23, 2017. (Signed by Judge Alvin K. Hellerstein on 10/13/2017) (ras)
October 12, 2017 Opinion or Order Filing 943 LETTER MOTION for Extension of Time to submit a joint submission regarding a proposed order and a proposed judgment submitted to the Court addressed to Judge Alvin K. Hellerstein from Kenneth A. Caruso dated October 12, 2017. Document filed by Banco Bilbao Vizcaya Argentaria, S.A..(Caruso, Kenneth)
October 4, 2017 Opinion or Order Filing 942 ORDER granting #941 Letter Motion for Extension of Time. So Ordered. (Signed by Judge Alvin K. Hellerstein on 10/4/2017) (ras)
October 3, 2017 Opinion or Order Filing 941 LETTER MOTION for Extension of Time to comply with the Court's order of September 26, 2017 #939 addressed to Judge Alvin K. Hellerstein from Kenneth A. Caruso dated October 3, 2017. Document filed by Banco Bilbao Vizcaya Argentaria, S.A..(Caruso, Kenneth)
October 2, 2017 Opinion or Order Filing 940 LETTER addressed to Judge Alvin K. Hellerstein from Kenneth A. Caruso dated October 2, 2017 re: the [Proposed] Order on Remand from the Court of Appeals and the [Proposed] Final Judgment submitted to the Court on September 21, 2017. Document filed by Banco Bilbao Vizcaya Argentaria, S.A..(Caruso, Kenneth)
September 26, 2017 Opinion or Order Filing 939 ORDER granting #938 Letter Motion for Extension of Time. The requested enlargement is granted. On or immediately after October 2, counsel shall meet with others who submitted forms of order, with the view of preparing a single order with opposing paragraphs being highlighted, supported and opposed in a single letter. Final submission to me shall be by noon, Oct. 9, 2017. (Signed by Judge Alvin K. Hellerstein on 9/26/2017) (ras)
September 26, 2017 Opinion or Order Filing 938 LETTER MOTION for Extension of Time to submit a reply to Petitioners' opposition letters to BBVA's proposed order and judgment submitted to the Court on September 21, 2017, addressed to Judge Alvin K. Hellerstein from Kenneth A. Caruso dated September 26, 2017. Document filed by Banco Bilbao Vizcaya Argentaria, S.A..(Caruso, Kenneth)
September 25, 2017 Opinion or Order Filing 937 Costs Taxed as to #936 USCA Mandate, in the amount of $2059.00. on 9.25.2017 in favor of Appellant Banco Bilbao Vizcaya Argentina, S.A. against Appellee Aldo Vera, Jr. (tp)
September 11, 2017 Opinion or Order Filing 936 MANDATE of USCA (Certified Copy) as to #892 Notice of Appeal, filed by Banco Bilbao Vizcaya Argentaria, S.A. USCA Case Number 16-1227. IT IS HEREBY ORDERED, ADJUDGED and DECREED that the judgment of the district court is REVERSED and the case is REMANDED with instructions to grant Appellant's motion to quash the subpoena served on it.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 09/11/2017. (nd)
September 11, 2017 Opinion or Order Transmission of USCA Mandate to the District Judge re: #936 USCA Mandate,. (nd)
August 14, 2017 Opinion or Order Filing 935 OPINION of USCA (Certified) as to #892 Notice of Appeal, filed by Banco Bilbao Vizcaya Argentaria, S.A. USCA Case Number 16-1227. Appeal from an April 19, 2016 order and judgment of civil contempt entered in the United States District Court for the Southern District of New York (Hellerstein, J.). The District Court held appellant Banco Bilbao Vizcaya Argentaria, S.A. ("BBVA"), a foreign bank, in contempt for refusing to comply with a subpoena requesting information about Cuban assets located inside and outside the United States. PlaintiffAppellee Aldo Vera, Jr. served the subpoena on BBVA's New York branch in an effort to enforce a federal default judgment against the Republic of Cuba. BBVA moved to quash the subpoena, arguing the District Court did not have subject matter jurisdiction over the action in which it was served or personal jurisdiction over the foreign bank.We REVERSE the District Court's order and REMAND with instructions to grant BBVA's motion to quash. We conclude the District Court lacked subject matter jurisdiction to enter judgment against Cuba under the Foreign Sovereign Immunities Act of 1976. The information subpoena served on BBVA to enforce that judgment is therefore void. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 08/14/2017. (nd)
August 8, 2017 Opinion or Order Filing 934 DECLARATION of Craig T. Cagney Supplemental Declaration of Craig T. Cagney Concerning Service of the Summons and Third-Party Petition Alleging Claims in the Nature of Interpleader Filed by Wells Fargo Bank, N.A.. Document filed by Wells Fargo Bank, N.A.. (Attachments: #1 Exhibit A (Part 1 of 4)- Proof of Service as to Banco Santander S/A, #2 Exhibit A (Part 2 of 4)- Proof of Service as to Banco Santander S/A, #3 Exhibit A (Part 3 of 4)-Proof of Service as to Banco Santander S/A, #4 Exhibit A (Part 4 of 4)-Proof of Service as to Banco Santander S/A, #5 Exhibit B- Proof of Service as to Cubanacan Comercio Internacioanl Ltda)(Cagney, Craig)
July 5, 2017 Opinion or Order CASHIERS OFFICE REGISTRY DISBURSEMENT as per #932 Order,, dated 6/5/2017, from Judge Judge Alvin K. Hellerstein, on 6/9/2017 disbursed to pay Kohn, Swift & Graf, P.C. $553,185.21 Check No. 01066421 dated 6/9/2017 FEDEX# 899617832257 (cla)
June 7, 2017 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #933 Amended Notice of Appeal. (tp)
June 7, 2017 Opinion or Order First Supplemental ROA Sent to USCA (Electronic File). Certified Supplemental Indexed record on Appeal Electronic Files for #933 Amended Notice of Appeal, filed by Banco Bilbao Vizcaya Argentaria, S.A. USCA Case Number 17-1779, were transmitted to the U.S. Court of Appeals. (tp)
June 6, 2017 Opinion or Order Filing 933 AMENDED NOTICE OF APPEAL re: #931 Notice of Appeal, #932 Order,, #930 Order,, #929 Order on Motion to Stay, Order on Motion to Enforce Judgment,,,,,,. Document filed by Banco Bilbao Vizcaya Argentaria, S.A.. (Attachments: #1 Exhibit A - BBVA's Notice of Appeal dated June 5, 2017 #931 , #2 Exhibit B - The Court's Amended Order Directing Court Registry to Disburse Funds #932 )(Caruso, Kenneth)
June 6, 2017 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #931 Notice of Appeal. (tp)
June 6, 2017 Opinion or Order Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #931 Notice of Appeal, filed by Banco Bilbao Vizcaya Argentaria, S.A. were transmitted to the U.S. Court of Appeals. (tp)
June 5, 2017 Opinion or Order Filing 932 Vacated as per Judges Order dated 03/4/2020, Doc. #990 AMENDED ORDER DIRECTING COURT REGISTRY TO DISBURSE FUNDS: AND NOW, this 5th day of June, 2017, the Court Registry is directed to disburse to Kohn, Swift & Graf, P.C., counsel for Petitioner, the principal amount of $553,185.21 which Banco Bilbao Vizcaya Argentaria (S.A.) deposited with the Registry on May 18, 2017 in accordance with this Court's Order of May 25, 2017 (ECF # 929). Petitioners waive any accrued interest. Accrued interest shall be gifted to the United States Treasury. Kohn, Swift & Graf, P.C. shall then disburse the funds among all Petitioners in accordance with their sharing agreement. (Signed by Judge Alvin K. Hellerstein on 6/5/2017) (mro) Modified on 3/4/2020 (yv).
June 5, 2017 Opinion or Order Filing 931 NOTICE OF APPEAL from #930 Order,, #929 Order on Motion to Stay, Order on Motion to Enforce Judgment,,,,,,. Document filed by Banco Bilbao Vizcaya Argentaria, S.A.. Filing fee $ 505.00, receipt number 0208-13743847. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Caruso, Kenneth)
June 2, 2017 Opinion or Order Filing 930 Vacated as per Judges Order dated 03/4/2020, Doc. #990 ORDER DIRECTING COURT REGISTRY TO DISBURSE FUNDS: AND NOW, this 2nd day of June, 2017, the Court Registry is directed to disburse to Kohn, Swift & Graf, P.C., counsel for Petitioner, the principal amount of $553,185.21 which Banco Bilbao Vizcaya Argentaria (S.A.) deposited with the Registry on May 18, 2017 in accordance with this Court's Order of May 25, 2017 (ECF # 929). Petitioners waive any accrued interest. Kohn, Swift & Graf, P.C. shall then disburse the funds among all Petitioners in accordance with their sharing agreement. (Signed by Judge Alvin K. Hellerstein on 6/2/2017) (mro) Modified on 3/4/2020 (yv).
May 25, 2017 Opinion or Order Filing 929 Vacated as per Judges Order dated 03/4/2020, Doc. #990 ORDER DENYING RESPONDENT BBVA'S MOTION FOR STAY AND GRANTING PETITIONERS' MOTION TO ENFORCE TURNOVER ORDER denying #919 Motion to Stay; granting #926 Motion to Enforce Judgment. For the aforementioned reasons, Vera's motion to enforce the Turnover Order is granted, and BBVA's motion for a stay is denied. Within ten days of the date of this order, counsel for Petitioners shall provide the Registry with payment instructions for transfer of the funds. Upon receipt of such instructions, the Registry shall promptly transfer the funds to Petitioners, and shall be discharged from further obligation or responsibility with respect to the funds. The Clerk shall terminate the motions (Dkt. Nos. 919, 926). (As further set forth in this Order.) (Signed by Judge Alvin K. Hellerstein on 5/25/2017) (mro) Modified on 3/4/2020 (yv).
May 23, 2017 Opinion or Order Filing 928 MEMORANDUM OF LAW in Opposition re: #926 MOTION to Enforce Judgment Notice of Motion to Enforce Turnover Order against BBVA. . Document filed by Banco Bilbao Vizcaya Argentaria, S.A.. (Caruso, Kenneth)
May 23, 2017 Opinion or Order Filing 927 MEMORANDUM OF LAW in Support re: #926 MOTION to Enforce Judgment Notice of Motion to Enforce Turnover Order against BBVA. . Document filed by Alfredo Villoldo, Gustavo E. Villoldo, individually and as Administrator, Executor, and Personal Representative of the Estate of Gustavo Villoldo Argilagos. (Maxwell, Roarke)
May 23, 2017 Opinion or Order Filing 926 MOTION to Enforce Judgment Notice of Motion to Enforce Turnover Order against BBVA. Document filed by Alfredo Villoldo, Gustavo E. Villoldo, individually and as Administrator, Executor, and Personal Representative of the Estate of Gustavo Villoldo Argilagos.(Maxwell, Roarke)
May 23, 2017 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Roarke Maxwell to RE-FILE Document #921 Notice (Other). Use the event type Enforce Judgment found under the event list Motions. (ldi)
May 23, 2017 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Roarke Maxwell to RE-FILE Document #922 MOTION to Enforce Judgment Turnover Order (ECF No. 739-2) Against Banco Bilbao Vizcaya Argentaria, S.A. ("BBVA"). Use the event type Memorandum of Law in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (ldi)
May 23, 2017 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Kenneth Andrew Caruso to RE-FILE Document #923 Memorandum of Law in Opposition to Motion. ERROR(S): Document linked to filing error. (ldi)
April 26, 2017 Opinion or Order Filing 925 NOTICE OF CHANGE OF ADDRESS by Kenneth Andrew Caruso on behalf of Banco Bilbao Vizcaya Argentaria S.A.. New Address: White & Case LLP, 1221 Avenue of the Americas, New York, New York, United States 10020, (212) 819-8200. (Caruso, Kenneth)
April 21, 2017 Opinion or Order Filing 924 MEMORANDUM OF LAW in Opposition re: #919 MOTION to Stay /Notice of Motion for Stay of Turnover Pending Appeal from Final Judgment. . Document filed by Alfredo Villoldo, Gustavo E. Villoldo. (Maxwell, Roarke)
April 21, 2017 Opinion or Order Filing 923 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: #922 MOTION to Enforce Judgment Turnover Order (ECF No. 739-2) Against Banco Bilbao Vizcaya Argentaria, S.A. ("BBVA"). . Document filed by Banco Bilbao Vizcaya Argentaria, S.A.. (Caruso, Kenneth) Modified on 5/23/2017 (ldi).
April 7, 2017 Opinion or Order Filing 922 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Enforce Judgment Turnover Order (ECF No. 739-2) Against Banco Bilbao Vizcaya Argentaria, S.A. ("BBVA"). Document filed by Alfredo Villoldo, individually, Gustavo E. Villoldo. (Attachments: #1 Exhibit A)(Maxwell, Roarke) Modified on 5/23/2017 (ldi).
April 7, 2017 Opinion or Order Filing 921 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - NOTICE of of Motion to Enforce Turnover Order (ECF No. 739-2) Against BBVA. Document filed by Alfredo Villoldo, individually, Gustavo E. Villoldo. (Maxwell, Roarke) Modified on 5/23/2017 (ldi).
April 7, 2017 Opinion or Order Filing 920 MEMORANDUM OF LAW in Support re: #919 MOTION to Stay /Notice of Motion for Stay of Turnover Pending Appeal from Final Judgment. . Document filed by Banco Bilbao Vizcaya Argentaria, S.A.. (Caruso, Kenneth)
April 7, 2017 Opinion or Order Filing 919 MOTION to Stay /Notice of Motion for Stay of Turnover Pending Appeal from Final Judgment. Document filed by Banco Bilbao Vizcaya Argentaria, S.A..(Caruso, Kenneth)
April 6, 2017 Opinion or Order Filing 918 NOTICE OF APPEARANCE by Christopher Daniel Volpe on behalf of Banco Bilbao Vizcaya Argentaria, S.A.. (Volpe, Christopher)
March 22, 2017 Opinion or Order Filing 917 NOTICE OF APPEARANCE by Roarke Maxwell on behalf of Alfredo Villoldo, Gustavo E. Villoldo, individually and as Administrator, Executor, and Personal Representative of the Estate of Gustavo Villoldo Argilagos. (Maxwell, Roarke)
March 22, 2017 Opinion or Order Filing 916 ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE OF ROARKE MAXWELL: granting #915 Motion for Roarke Maxwell to Appear Pro Hac Vice. (Signed by Judge Alvin K. Hellerstein on 3/22/2017) (ap)
March 21, 2017 Opinion or Order Filing 915 MOTION for Roarke Maxwell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13445376. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Alfredo Villoldo, individually, Gustavo E. Villoldo, individually and as Administrator, Executor, and Personal Representative of the Estate of Gustavo Villoldo Argilagos. (Attachments: #1 Declaration in Support, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Rosenthal, Edward)
March 21, 2017 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #915 MOTION for Roarke Maxwell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13445376. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma)
March 17, 2017 Opinion or Order Filing 914 ORDER granting #913 Letter Motion to Adjourn Conference. The status conference scheduled for March 20, 2017 is adjourned to March 28, 2017 at 2:30 p.m. (Status Conference set for 3/28/2017 at 02:30 PM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 3/17/2017) (cla)
March 16, 2017 Opinion or Order Filing 913 LETTER MOTION to Adjourn Conference scheduled for March 20, 2017, at 10:30 am #912 addressed to Judge Alvin K. Hellerstein from Kenneth A. Caruso dated March 16, 2017. Document filed by Banco Bilbao Vizcaya Argentaria, S.A..(Caruso, Kenneth)
March 15, 2017 Opinion or Order Filing 912 MEMO ENDORSEMENT on re: #911 Letter re: Petitioners' request for further turnover of funds that BBVA deposited into the Registry of the U.S. Courts, filed by Banco Bilbao Vizcaya Argentaria S.A. ENDORSEMENT: The parties, by counsel, shall appear before me, at conference, at 10:30 a.m., March 20, 2017, Courtroom 14D, 500 Pearl St. (Status Conference set for 3/20/2017 at 10:30 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 3/15/2017) (cla)
March 9, 2017 Opinion or Order Filing 911 LETTER addressed to Judge Alvin K. Hellerstein from Kenneth A. Caruso dated March 9, 2017 re: Petitioners' request for further turnover of funds that BBVA deposited into the Registry of the U.S. Courts #910 . Document filed by Banco Bilbao Vizcaya Argentaria S.A..(Caruso, Kenneth)
March 9, 2017 Opinion or Order Filing 910 LETTER addressed to Judge Alvin K. Hellerstein from Andrew C. Hall dated March 8, 2017 re: request that the Court direct U.S. Marshal to release to Plaintiffs/Petitioners the funds which represent the sum ordered to turned over pursuant to turnover order. Document filed by Alfredo Villoldo, individually, Gustavo E. Villoldo. (Attachments: #1 Exhibit A)(Rosenthal, Edward)
October 25, 2016 Opinion or Order Filing 909 ORDER COMPELLING DISCOVERY: BBVA is ORDERED to comply with the Notice of Deposition except that it is not required to produce a designated person regarding the business conducted by BBVA in New York state. This ORDER is stayed pending a ruling on BBVA's appeal of this Court's Contempt Order (ECF # 891) in Aldo Vera v. Republic of Cuba, No. 16-1227 (2d Cir.). The parties may reference this Order in said appeal should they deem it appropriate. (Signed by Judge Alvin K. Hellerstein on 10/23/2016) (cla)
October 14, 2016 Opinion or Order Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Status Conference held on 10/14/2016. (Court Reporter Jennifer Thun) (Jones, Brigitte)
October 13, 2016 Opinion or Order Filing 908 NOTICE OF APPEARANCE by Nicole Bergstrom on behalf of Alfredo Villoldo, Gustavo Villoldo(and as Administrator, Executor, and Personal Representative of the Estate of Gustavo Villoldo Argilagos). (Bergstrom, Nicole)
October 13, 2016 Opinion or Order Filing 907 LETTER addressed to Judge Alvin K. Hellerstein from Andrew C. Hall dated October 13, 2016 re: conference scheduled for October 14, 2016 and request to appear telephonically. Document filed by Alfredo Villoldo, Gustavo Villoldo(and as Administrator, Executor, and Personal Representative of the Estate of Gustavo Villoldo Argilagos).(Rosenthal, Edward)
September 14, 2016 Opinion or Order Filing 906 STIPULATION AND ORDER: IT IS STIPULATED AND AGREED that: 1. BBVA's time to object to or seek relief from the Notice of Deposition is adjourned pending the October 14, 2016, status conference. 2. The parties shall present their positions on the propriety of Petitioner's Notice of Deposition at the conference on October 14, 2016 without the necessity of the parties filing motions to compel or for protective order in advance thereof. 3. Prior to the Court's ruling on the Notice of Deposition, BBVA is not required to present a witness for deposition. (Signed by Judge Alvin K. Hellerstein on 9/14/2016) (cla)
September 8, 2016 Opinion or Order Filing 905 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Robert A. Swift dated 9/8/2016 re: request that the Court reschedule the conference for the morning of Friday October 14, 2016. ENDORSEMENT: at 11:00 am. So ordered. (Status Conference set for 10/14/2016 at 11:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 9/8/2016) (tn)
July 11, 2016 Opinion or Order Filing 904 MANDATE of USCA (Certified Copy) as to #787 Notice of Interlocutory Appeal, filed by Banco Bilbao Vizcaya Argentaria, S.A., #757 Notice of Interlocutory Appeal, filed by Banco Bilbao Vizcaya Argentaria, S.A. USCA Case Number 15-1147 (L), 15-1796 (CON). UPON DUE CONSIDERATION, it is hereby ORDERED, ADJUDGED, AND DECREED that the appeals are DISMISSED for lack of appellate jurisdiction.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 07/11/2016. (nd)
June 14, 2016 Opinion or Order Filing 903 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNECE proceeding held on 5/27/16 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...(McGuirk, Kelly)
June 14, 2016 Opinion or Order Filing 902 TRANSCRIPT of Proceedings re: conference held on 5/27/2016 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Michael McDaniel, (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 7/8/2016. Redacted Transcript Deadline set for 7/18/2016. Release of Transcript Restriction set for 9/15/2016.(McGuirk, Kelly)
June 6, 2016 Opinion or Order Filing 901 MEMO ENDORSEMENT on re: #900 Letter, filed by Banco Bilbao Vizcaya Argentaria, S.A. ENDORSEMENT: So ordered. (Signed by Judge Alvin K. Hellerstein on 6/6/2016) (cf)
June 2, 2016 Opinion or Order Filing 900 LETTER addressed to Judge Alvin K. Hellerstein from Kenneth A. Caruso dated June 2, 2016 re: the Court's Order Acknowledging Partial Recoveries and Denying Dismissal of Cases Against BBVA #899 . Document filed by Banco Bilbao Vizcaya Argentaria, S.A..(Caruso, Kenneth)
June 1, 2016 Opinion or Order Filing 899 ORDER ACKNOWLEDGING PARTIAL RECOVERIES AND DENYING DISMISSAL OFCASES AGAINST BBVA: I decline to enter the form of judgment presented to me by BBVA, dismissing all claims against it. Petitioners' cases against BBVA therefore remain open. All this was discussed on the record at the conference held May 9, 2016. The next conference will be held September 23, 2016 at 11:00 a.m., or earlier upon the parties' request if a Mandate issues. (As further set forth in this Order.) (Status Conference set for 9/23/2016 at 11:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 5/31/2016) (spo)
May 27, 2016 Opinion or Order Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Status Conference held on 5/27/2016, ( Status Conference/ Control date set for 9/23/2016 at 11:00 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.). (Jones, Brigitte)
May 26, 2016 Opinion or Order Filing 898 LETTER addressed to Judge Alvin K. Hellerstein from Andrew C. Hall dated May 26, 2016 re: Response to 5/20/16 letter filed by counsel for Banco Bilbao Vizcaya Argentina, S.A.. Document filed by Gustavo E. Villoldo, individually and as Administrator, Executor, and Personal Representative of the Estate of Gustavo Villoldo Argilagos.(Hall, Andrew)
May 26, 2016 Opinion or Order Filing 897 LETTER addressed to Judge Alvin K. Hellerstein from James W. Perkins dated May 26, 2016 re: Response to 5/20/16 letter filed by Counsel to Banco Bilbao Vizcaya Argentaria, S.A.. Document filed by Jeanette Fuller Hausler.(Perkins, James)
May 23, 2016 Opinion or Order Filing 896 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Andrew C. Hall dated 5/20/2016 re: request that a brief adjournment of the Status Conference be afforded so that the matter can be heard on Friday, May 27th at approximately 10:00 a.m. ENDORSEMENT: So Ordered. (Status Conference set for 5/27/2016 at 10:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 5/23/2016) (tn) Modified on 6/3/2016 (tn).
May 9, 2016 Opinion or Order Filing 895 STIPULATION OF VOLUNTARY DISMISSAL: that the Amended Omnibus Petition is voluntarily dismissed with prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) with respect to (i) all Phase II Accounts, (ii) all Phase I Accounts held by the Garnishee Banks other than those that have been or will be turned over to Petitioners pursuant to the Notice Turnover Order or the Interpleader Turnover Orders, and (iii) all Phase I Accounts or Non-EFT Accounts as to which Petitioners did not file a summary judgment motion that were expressly identified in the Exhibits to the Amended Omnibus Petition (collectively, the "Dismissed Accounts"). The Amended Omnibus Petition having been dismissed, the Interpleader Petitions are dismissed without prejudice as moot. All writs of execution, notices of pending action, restraining notices and other judgment creditor process of any kind served on, or delivered to, the Garnishee Banks, to the extent that they apply to the Dismissed Accounts, are hereby vacated and shall be null and void as to the Dismissed Accounts. (Signed by Judge Alvin K. Hellerstein on 5/6/2016) (tn)
May 9, 2016 Opinion or Order Terminate Transcript Deadlines (tn)
May 3, 2016 Opinion or Order Filing 894 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from James L. Kerr dated 5/2/2016 re: Request that the conference now scheduled for tomorrow afternoon at 2:30 p.m. be either adjourned or cancelled. ENDORSEMENT: The conference is adjourned to May 23, 2016 at 2:30 p.m. (Status Conference set for 5/23/2016 at 02:30 PM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 5/3/2016) (kko)
April 21, 2016 Opinion or Order Filing 893 NOTICE of Of Payment of Funds to the United States Marshal for the Southern District of New York and the Delivery of Securities to Counsel for Petitioners Jeannette Fuller Hausler and William Fuller re: #889 Stipulation and Order,,,,,,, #883 Judgment,,,,,,,,,,,,. Document filed by JPMorgan Chase Bank, N.A.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Kerr, James)
April 20, 2016 Opinion or Order Filing 892 NOTICE OF APPEAL from #891 Judgment,,,,. Document filed by Banco Bilbao Vizcaya Argentaria, S.A.. Filing fee $ 505.00, receipt number 0208-12207464. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Caruso, Kenneth)
April 20, 2016 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #892 Notice of Appeal. (tp)
April 20, 2016 Opinion or Order Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #892 Notice of Appeal, filed by Banco Bilbao Vizcaya Argentaria, S.A. were transmitted to the U.S. Court of Appeals. (tp)
April 19, 2016 Opinion or Order Filing 891 Vacated as per Judge's Order dated 11/13/2017, Doc. # 951 ORDER AND JUDGMENT OF CIVIL CONTEMPT. IT IS HEREBY ORDERED, ADJUDGED AND DECREED, as follows: 1. BBVA is hereby found, and adjudged, in civil contempt of this Court's Discovery Orders. 2. BBVA is hereby fined in the amount of $1.00 (one dollar) per day, payable to the Clerk of the Court, commencing on the day of the entry of this Order and Judgment and continuing until either (a) BBVA purges itself of this contempt or (b) this Order and Judgment is reversed, vacated or modified. 3. Payment of the fine imposed by paragraph 2 of this Order and Judgment is hereby stayed pending final determination of a timely appeal by BBVA from this Order and Judgment. 4. This Court retains jurisdiction of this matter for all further proceedings to enforce the Discovery Orders and contempt sanctions against BBVA (a) should BBVA not appeal from this Order and Judgment, or (b) pursuant to the mandate of the Court of Appeals upon remand from that Court should BBVA appeal. (Signed by Judge Alvin K. Hellerstein on 4/19/2016) (Attachments: #(1) Right to Appeal Form #1, #(2) Right to Appeal Form #2) (rjm) Modified on 11/14/2017 (ras).
April 19, 2016 Opinion or Order Filing 890 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Robert A. Swift dated 4/18/2016 re: I represent petitioner Aldo Vera in the above matter. As Mr. Kerr and I mentioned in our telephone call with your Law Clerk this afternoon, all counsel are now seeking client approval of a stipulation of dismissal we have negotiated. In conjunction with the dismissal, I reached agreement on a proposed consent order with Mr. Caruso, counsel for Banco Bilbao Vizcaya Argentaria S.A. ("BBVA"), adjudging BBVA in contempt. This follows a suggestion your Honor made several months ago and will, inter alia, allow BBVA to appeal the discovery orders. I attach that consent order for your Honor's approval and entry. ENDORSEMENT: The conf. scheduled to be held 4/19/16, is adjourned to May 3, 2016, 2:30 p.m. (Conference set for 5/3/2016 at 02:30 PM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 4/19/2016) (rjm)
April 14, 2016 Opinion or Order Filing 889 STIPULATION AND ORDER AMENDING THE ORDER AND JUDGMENT CONCERNING TURNOVER ACCOUNT NO. 25 AND ACCOUNT NO. 26 HELD BY JPMORGAN CHASE BANK, N.A.: NOW, THEREFORE, it is hereby stipulated and agreed, by and through counsel for Petitioners and for JPM Chase, and So-Ordered by the Court, as follows: The definition of Cuban Securities contained in the second recital on page 4 of the Turnover Order and Judgment, and the recital in its entirety, shall be revised to read as follows "WHEREAS, the Cuban Securities held in the Blocked Accounts consist of (a) eleven (11) First Mortgage Gold Bonds 5 1/2% Series of 1942 initially issued by Cuba Northern Railways Company, each in the face amount of $1,000 (prior to a partial redemption in the amount of $365.00) and each with twenty-three (23) attached and unredeemed coupons each in the face amount of $12.70, (b) one (1) Temporary First Mortgage Gold Bond 5 1/2% Series of 1942 issued by Cuba Northern Railways Company in the face amount of $1,000 (prior to a partial redemption in the amount of $365.00) and with four (4) attached and unredeemed coupons each in the face amount of $12.70, and (c) five (5) shares of Antilla Sugar Estates, and the U.S Securities held in the Blocked Accounts consist of (a) five (5) shares of United Gas Carp. and (b) twenty-five (25) shares of Lerner Stores Corp. (Which bonds and shares are not marketable)." 2. The time for JPM Chase to deliver the Cuban Securities and U.S. Securities to Petitioners Hassler and Fuller is hereby extended until a date five (5) business days after the date of entry of this Order Amending the Turnover Order and Judgment. 3. The Turnover Order and Judgment shall otherwise remain in full force and effect. (Signed by Judge Alvin K. Hellerstein on 4/13/2016) (mro)
April 12, 2016 Opinion or Order Filing 888 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Robert A. Swift dated 4/12/2016 re: I request that the Court postpone the hearing now scheduled for April 13 until April 19. ENDORSEMENT: So ordered. The parties shall appear for a status conference on April 19, 2016 at 2:30 p.m., ( Status Conference set for 4/19/2016 at 02:30 PM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 4/12/2016) (lmb)
April 11, 2016 Opinion or Order Filing 887 NOTICE of Payment of Funds to the United States Marshal for the Southern District of New York re: #883 Judgment,,,,,,,,,,,,. Document filed by JPMorgan Chase Bank, N.A.,. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kerr, James)
March 30, 2016 Opinion or Order Filing 886 NOTICE of Payment of Funds To the United States Marshal for the Southern District of New York re: #884 Judgment,,,,,,,,. Document filed by Citibank, N.A.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kerr, James)
March 24, 2016 Opinion or Order Filing 885 NOTICE of Levy Extension. Document filed by Jeannette Fuller Hausler, as court-appointed co-representatives of the Estate of Robert Otis Fuller, deceased, on behalf of all beneficiaries of the Estate and the Estate of Robert Otis Fuller. (Attachments: #1 Exhibit A)(Perkins, James)
March 22, 2016 Opinion or Order Filing 884 ORDER AND JUDGMENT CONCERNING TURNOVER OF ACCOUNT IN THE NAME OF ACUEDUCTO YATERITAS, S.A. HELD BY CITIBANK, N.A.: Pursuant to CPLR 5225(b), as applicable in this case pursuant to Fed. R. Civ. P. 69, and in accordance with this Court's Notice Order, judgment ordering turnover of the funds in the Blocked Account in a sum of no less than two hundred twenty-one thousand eight hundred seventy-six dollars and seventy-eight cents ($221,876.78) plus interest accrued thereon, is hereby entered in connection with the Interpleader Petition of Citibank in favor of Petitioners and against (i) Citibank in its capacity as garnishee, and (ii) the Adverse Claimants, including the Individuals, in their capacities as Third-Party Respondents/Adverse Claimants. Within ten (10) business days of receipt from Citibank of the funds in the Blocked Account, the U.S. Marshal shall transfer such funds to Petitioners' counsel of record in accordance with such payment instructions as may be provided to the U.S. Marshal jointly by Petitioners' counsel of record. In accordance with paragraph 17 of the Notice Order, and pursuant to the agreement between counsel for Petitioners and counsel for Citibank, within ten (10) business days of the U.S. Marshal's transfer of the funds in the Blocked Account to Petitioners' counsel as set forth in paragraph 4 above, Petitioners' counsel shall pay to counsel for Citibank, from the funds in the Blocked Account that are being turned over pursuant to this Order and Judgment, a total amount of $23,248.61, which consists of an agreed-upon amount equal to $17,089.73 for attorneys' fees and costs incurred by said counsel in bringing the Fed R. Civ. P. 22 Interpleader, plus an amount equal to $6,158.88 for the costs advanced by Citibank in connection with publishing the notice provided for in the Publication Order. The amount paid to Citibank shall be inclusive of all attorneys' fees and costs that may be claimed by Citibank under paragraph 17 of the Notice Order through the date of this Order and Judgment, and as further set forth in this order. (Signed by Judge Alvin K. Hellerstein on 3/22/2016) (tn)
March 22, 2016 Opinion or Order Filing 883 ORDER AND JUDGMENT CONCERNING TURNOVER OF ACCOUNT NO. 25 AND ACCOUNT NO. 26 HELD BY JPMORGAN CHASE BANK, N.A.: Pursuant to CPLR 5225(b), as applicable in this case pursuant to Fed. R. Civ. P. 69, and in accordance with this Court's Notice Order, judgment ordering turnover of the funds and securities in the Blocked Accounts in an amount calculated in accordance with paragraphs 3 and 4 below is hereby entered in connection with the Interpleader Petition of JPM Chase in favor of Petitioners and against (i) JPM Chase in its capacity as garnishee, and (ii) the Adverse Claimants, including the Individuals, in their capacities as Third-Party Respondents/ Adverse Claimants. As set forth above, the Blocked Accounts constitute blocked assets of the Republic of Cuba or of one of its agencies or instrumentalities within the meaning of the FSIA and the TRIA. Because Petitioners' judgments satisfy all conditions set forth in the FSIA and the TRIA for executing against such blocked assets of the Republic of Cuba or of its agencies or instrumentalities, the Blocked Accounts are therefore subject to execution by Petitioners in accordance with the requirements of the FSIA and the TRIA, notwithstanding any other provision of law, including 31 C.F.R. 515.202. On or before the fifteenth (15) business day from the date of service of this Order and Judgment, JPM Chase shall turn over the proceeds of the Blocked Accounts, in an amount equal to the sum of the amounts realized upon the sale of any securities held in the Blocked Accounts on the Liquidation Date, the amount of any cash contained in the Blocked Accounts, and any interest accrued on such amounts held in the accounts (which sum in the aggregate was, for purpose of reference, approximately equal to three hundred forty-nine thousand nine hundred eighty-six dollars and thirty-four cents ($349,986.34) as of the close of the market on February 8, 2016) to the U.S. Marshal. In accordance with paragraph 17 of the Notice Order, and pursuant to the agreement between counsel for Petitioners and counsel for JPM Chase, within ten (10) business days of the U.S. Marshal's transfer of the proceeds of the Blocked Accounts to Petitioners' counsel as set forth in paragraph 4 above, Petitioners' counsel shall pay to counsel for JPM Chase, from the proceeds of the Blocked Accounts that are being turned over pursuant to this Order and Judgment, a total amount of $32,655.03, which consists of an agreed-upon amount equal to $29,575.59 for attorneys' fees and costs incurred by said counsel in bringing the Fed R. Civ. P. 22 interpleader, plus an amount equal to $3,079.44 for the costs advanced by JPM Chase in connection with publishing the notice provided for in the Publication Order. The amount paid to JPM Chase shall be inclusive of all attorneys' fees and costs that may be claimed by JPM Chase under paragraph 17 of the Notice Order through the date of this Order and Judgment, and as further set forth in this order. (Signed by Judge Alvin K. Hellerstein on 3/22/2016) (tn)
March 9, 2016 Opinion or Order Filing 881 NOTICE of Joint Submission Regarding Notice to Adverse Claimants to Account No. 25 and Account No. 26 Held by JP Morgan Chase Bank, N.A. and an Account in the Name of Acueducto Yateritas, S.A. Held by Citibank, N.A. re: #862 Stipulation and Order,,,,,,,,,,, #863 Stipulation and Order,,,,,,,,,,. Document filed by Citibank, N.A., JPMorgan Chase Bank, N.A.,. (Attachments: #1 Exhibit A- Declaration of James L. Kerr with Exhibits, #2 Text of Proposed Order [Proposed] Order and Judgment Concerning Turnover of Account No. 25 and Account No. 26 Held by JPMorgan Chase Bank, N.A., #3 Text of Proposed Order [Proposed] Order and Judgment Concerning Turnover of Account in the Name of Acueducto Yateritas, S.A. Held by Citibank, N.A.)(Kerr, James)
February 24, 2016 Opinion or Order Filing 880 MEMO ENDORSEMENT on re: #878 LETTER addressed to Judge Alvin K. Hellerstein from Kenneth A. Caruso dated February 22, 2016 re: the letter from Mr. Swift to the Court, in which counsel requests an adjournment of the next conference to March 24, 2016. ENDORSEMENT: The conf. is further postponed to April 13, 2016, 2:30 p.m. (Status Conference set for 4/13/2016 at 02:30 PM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 2/24/2016) (adc) Modified on 2/24/2016 (adc).
February 24, 2016 Opinion or Order Filing 879 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Robert A. Swift dated February 23, 2016 re: request for postponement of conference. ENDORSEMENT: The conf. is adjourned to March 24, 2016, 2:30 p.m. (Status Conference set for 3/24/2016 at 02:30 PM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 2/24/2016) (adc)
February 23, 2016 Opinion or Order Filing 878 LETTER addressed to Judge Alvin K. Hellerstein from Kenneth A. Caruso dated February 22, 2016 re: the letter from Mr. Swift to the Court, in which counsel requests an adjournment of the next conference to March 24, 2016. Document filed by Banco Bilbao Vizcaya Argentaria, S.A..(Caruso, Kenneth)
February 22, 2016 Opinion or Order Filing 877 NOTICE OF APPEARANCE by Anna Mercado Clark on behalf of HSBC Bank USA, N.A.(Respondent-Garnishee and Stakeholder/Third-Party Petitioner), HSBC Bank USA, N.A.(Respondent-Garnishee and Stakeholder/Third party Petitioner). (Clark, Anna)
February 3, 2016 Opinion or Order Filing 876 NOTICE of Payment of Funds to the U.S. Marshal for the Southern District of New York. Document filed by Bank of New York Mellon. (Attachments: #1 Exhibit, #2 Exhibit)(Feit, Gregory)
January 25, 2016 Opinion or Order Filing 875 NOTICE of Default of Cubanacan Negocios Mexico Under Turnover Order. Document filed by Bank of New York Mellon. (Feit, Gregory)
January 20, 2016 Opinion or Order Filing 874 LETTER addressed to Judge Alvin K. Hellerstein from James L. Kerr dated January 20, 2016 re: Informing the Court of the Supreme Court Order denying the Petitions for Certiorari Seeking Review of the Second Circuits' Decisions in Hausler v. JPMorgan Chase Bank and Calderon-Cardona v. Bank of New York Mellon. Document filed by Bank of America, N.A., Barclays Bank PLC, Citibank, N.A., Credit Suisse AG, New York Branch, Intesa Sanpaolo S.p.A., JPMorgan Chase Bank, N.A.,, UBS AG, Wells Fargo Bank, N.A.. (Attachments: #1 Supreme Court Order List)(Kerr, James)
January 7, 2016 Opinion or Order Filing 873 NOTICE of of Payment of Funds to the United States Marshal for the Southern District of New York re: #864 Judgment,,,,,,,,,,,,. Document filed by Credit Suisse AG, New York Branch. (Attachments: #1 Exhibit A)(Kerr, James)
January 7, 2016 Opinion or Order Filing 872 NOTICE of Payment of Funds to the United States Marshal for the Southern District of New York re: #864 Judgment,,,,,,,,,,,,. Document filed by JPMorgan Chase Bank, N.A.,. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kerr, James)
January 7, 2016 Opinion or Order Filing 871 NOTICE of Payment of Funds to the United States Marshal for the Southern District of New York re: #864 Judgment,,,,,,,,,,,,. Document filed by Bank of America, N.A.. (Attachments: #1 Exhibit A)(Kerr, James)
January 7, 2016 Opinion or Order Filing 870 NOTICE of Payment of Funds to the U.S. Marshal for the Southern District of New York. Document filed by Bank of New York Mellon. (Attachments: #1 Exhibit, #2 Exhibit)(Feit, Gregory)
January 5, 2016 Opinion or Order Filing 869 NOTICE of Payment of Funds to the United States Marshal for the Southern District of New York re: #864 Judgment,,,,,,,,,,,,. Document filed by Citibank, N.A.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kerr, James)
January 5, 2016 Opinion or Order Filing 868 NOTICE of Payment of Fund to the United States Marshal for the Southern District of New York re: #864 Judgment,,,,,,,,,,,,. Document filed by Wells Fargo Bank, N.A.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kerr, James)
December 23, 2015 Opinion or Order Filing 867 NOTICE of Payment of Funds to the United States Marshal for the Southern District of New York. Document filed by Wells Fargo Bank, N.A.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kerr, James)
December 17, 2015 Opinion or Order Filing 866 NOTICE of Renewed Attempt at Service of Cubanacan Negocios Mexico, S.A. de C.V.. Document filed by Bank of New York Mellon. (Feit, Gregory)
December 15, 2015 Opinion or Order Filing 865 ORDER AND JUDGMENT CONCERNING TURNOVER OF FUNDS HELD AT THE BANK OF NEW YORK MELLON: For purposes of this Order and Judgment, in Decretal Paragraphs 2 through 11 below, the "BNY Mellon Blocked Accounts" shall refer to all four such accounts except for the June 2004 Blocked Account, and the "Adverse Claimants" shall refer to all such persons and entities except for Cubanacan. The June 2004 Blocked Account and Cubanacan are addressed separately in Decretal Paragraph 12 below. Decretal Paragraphs 13 and 14 below apply to all BNY Mellon Blocked Accounts, including the June 2004 Blocked Account, and all Adverse Claimants, including Cubanacan. Pursuant to CPLR 5225(b), as applicable in this case pursuant to Fed. R. Civ. P. 69, and in accordance with this Court's Notice Order, judgment ordering turnover of the funds in the BNY Mellon Blocked Accounts in a sum of no less than $1,239,322.20, plus interest accrued thereon since 2012, is hereby entered in connection with BNY Mellon's Interpleader Petition in favor of Petitioners and against (i) BNY Mellon in its capacity as garnishee, and (ii) the Adverse Claimants in their capacities as Third-Party Respondents/ Adverse Claimants. As set forth above, the funds in the BNY Blocked Accounts are deemed to be blocked assets of agencies or instrumentalities of the Republic of Cuba within the meaning of the FSIA and the TRIA. Because Petitioners' judgments satisfy all conditions set forth in the FSIA and the TRIA for executing against such blocked assets of the Republic of Cuba or of its agencies or instrumentalities, the BNY Mellon Blocked Accounts are therefore subject to execution by Petitioners in accordance with the requirements of the FSIA and the TRIA. On or before the fifteenth (15) business day from the date of entry of this Order and Judgment, BNY Mellon shall tum over to the U.S. Marshal the funds in the BNY Mellon Blocked Accounts specified above with all accrued interest thereon. Within ten (10) business days of receipt from BNY Mellon of the funds in the BNY Mellon Blocked Accounts, the U.S. Marshal shall transfer such funds to Petitioners' counsel of record in accordance with such payment instructions as may be provided to the U.S. Marshal jointly by Petitioners' counsel of record, and as further set forth in this order. Each and every party to BNY Mellon's Interpleader Petition is hereby and shall be restrained and enjoined from instituting or prosecuting any claim or action against BNY Mellon in any jurisdiction arising from or relating to any claim to the funds in the BNY Mellon Blocked Accounts. Petitioners' counsel shall pay to BNY Mellon's counsel, from the funds in the BNY Mellon Blocked Accounts that are being turned over pursuant to this Order and Judgment, the agreed-upon amount of $50,000 for attorneys' fees and costs incurred by BNY Mellon in bringing its Interpleader Action under Fed. R. Civ. P. 22. The amount paid to BNY Mellon shall be inclusive of all attorneys' fees and costs that may be claimed by BNY Mellon under paragraph 17 of the Notice Order through the date of this Order and Judgment. This Order and Judgment is a final judgment that finally disposes of all claims asserted in BNY Mellon's Interpleader Petition and all claims to the funds in the BNY Mellon Blocked Accounts that have or could have been asserted by Petitioners, the Adverse Claimants, and all other persons or entities. This stipulated Order and Judgment is intended to apply solely to the BNY Mellon Blocked Accounts specified herein and is not intended to apply to or affect any other determination in this or any other pending or future proceeding involving assets blocked or held by BNY Mellon. (Signed by Judge Alvin K. Hellerstein on 12/15/2015) (tn)
December 15, 2015 Opinion or Order Filing 864 ORDER AND JUDGMENT CONCERNING TURNOVER OF FUNDS HELD AT VARIOUS GARNISHEE BANKS: Pursuant to CPLR 5225(b), as applicable in this case pursuant to Fed. R. Civ. P. 69, and in accordance with this Court's Notice Order, judgment ordering turnover of the funds in the Blocked Accounts of the Garnishee Banks in a sum of no less than three million one hundred thirty-two thousand five hundred ninety-seven dollars and 38 cents ($3,132,597.38) plus interest accrued thereon since 2012, is hereby entered in connection with the Interpleader Petitions of the Garnishee Banks in favor of Petitioners and against (i) the Garnishee Banks in their capacity as garnishees, and (ii) the Adverse Claimants in their capacities as Third-Party Respondents/Adverse Claimants. As set forth above, the funds in the Blocked Accounts of the Garnishee Banks are therefore deemed to be blocked assets of the Republic of Cuba or of agencies or instrumentalities of the Republic of Cuba within the meaning of the FSIA and the TRIA. Because Petitioners' judgments satisfy all conditions set forth in the FSIA and the TRIA for executing against such blocked assets of the Republic of Cuba or of its agencies or instrumentalities, the Blocked Accounts of the Garnishee Banks are therefore subject to execution by Petitioners in accordance with the requirements of the FSIA and the TRIA. On or before the fifteenth (15) business day from the date of service of this Order and Judgment, the Garnishee Banks shall turn over the funds in the Blocked Accounts of the Garnishee Banks specified above with all accrued interest thereon to the U.S. Marshal, and as further set forth in this order. Within ten (10) business days of the U.S. Marshal's transfer of the funds in the Blocked Accounts of the Garnishee Banks to Petitioners' counsel as set forth in paragraph 4 above, Petitioners' counsel shall pay to counsel for the Garnishee Banks, from the funds in the Blocked Accounts that are being turned over pursuant to this Order and Judgment, an agreed-upon amount equal to $185,311.22 for attorneys' fees and costs incurred by said counsel in bringing the Fed R. Civ. P. 22 Interpleader. The amount paid to the Garnishee Banks shall be inclusive of all attorneys' fees and costs that may be claimed by the Garnishee Banks under paragraph 17 of the Notice Order through the date of this Order and Judgment. This Order and Judgment is intended to apply solely to the Blocked Accounts specified herein and is not intended to impact any other determination in this or any other pending or future matter involving assets blocked or held by any of the Garnishee Banks. This Order and Judgment is a final judgment that finally disposes of all claims asserted in the Interpleader Petitions of the Garnishee Banks and all claims to the funds in the Blocked Accounts that have or could have been asserted by Petitioners, the Adverse Claimants, and all other persons or entities. (Signed by Judge Alvin K. Hellerstein on 12/15/2015) (tn)
December 15, 2015 Opinion or Order Filing 863 STIPULATION AND ORDER CONCERNING SERVICE BY PUBLICATION AND TURNOVER OF ACCOUNT IN THE NAME OF ACUEDUCTO YATERITAS, S.A. HELD BY CITIBANK, N.A.: Petitioners and Citibank shall undertake to publish a notice, in the form attached hereto as Exhibit 1, in the Miami Herald and El Nuevo Herald, during a period of at least three (3) separate or consecutive days, beginning no later than ten (10) business days after this stipulation is so ordered. Citibank will advance all costs of publication, subject to reimbursement from any unclaimed amounts turned over to Petitioners. Citibank may, at its own expense, undertake any other appropriate measures reasonably calculated to provide notice of the pending turnover of the Blocked Account to the Individuals and to serve a copy of the Interpleader Petition and this Stipulation and Order on those Individuals. The notice shall set forth a deadline thirty (30) days after the first date of publication (unless such date falls on a weekend or holiday, in which case the deadline shall be the first business day thereafter) (the "Notice Deadline"). Any of the Individuals, or any other person claiming to have an interest in the Blocked Account, must submit an objection to turnover, including evidence supporting their claim to the Blocked Account and the amount so claimed by that person, before the expiration of the Notice Deadline. After the expiration of the Notice Deadline, Petitioners and Citibank shall submit a joint statement summarizing the steps taken to serve notice on the Individuals by publication and submitting any objections received in response to the published notice before the expiration of the Notice Deadline. The Court may deem any funds held in the Blocked Account that were not claimed before the expiration of the Notice Deadline (the "Undisputed Amounts") to constitute the property of the Republic of Cuba and may immediately enter the [Proposed] Order and Judgment Concerning Turnover of the Account in the Name of Acueducto Yateritas, S.A. Held by Citibank, N.A. attached hereto as Exhibit 2 with respect to the Undisputed Amounts (the "Turnover Order"). If any objections are received prior to the expiration of the Notice Deadline, which assert a claim to any portion of the funds in the Blocked Account (the "Amounts in Dispute"), the Amounts in Dispute shall be excluded from the Turnover Order, and the Court shall hold further proceedings to adjudicate any disputes between Petitioners and the Individuals regarding those claims. (Signed by Judge Alvin K. Hellerstein on 12/15/2015) (tn)
December 15, 2015 Opinion or Order Filing 862 STIPULATION AND ORDER CONCERNING SERVICE BY PUBLICATION AND TURNOVER OF ACCOUNT NO. 25 AND ACCOUNT NO. 26 HELD BY JPMORGAN CHASE BANK, N.A.: Petitioners and JPM Chase shall undertake to publish a notice, in the form attached hereto as Exhibit 1, in the Miami Herald and El Nuevo Herald during a period of at least three (3) separate or consecutive days, beginning no later than ten (10) days after this stipulation is so-ordered. The parties shall advance the cost of publication in equal amounts, and such amounts shall be subject to reimbursement from any amounts turned over. JPM Chase may, at its own expense, undertake any other appropriate measures reasonably calculated to provide notice of the pending turnover of the Blocked Accounts to the Individuals or to serve a copy of the Interpleader Petition and this Stipulation and Order on those Individuals. The notice shall set forth a deadline thirty (30) days after the first date of publication (unless such date falls on a weekend or holiday, in which case the deadline shall be the first business day thereafter) (the "Notice Deadline"). Any such Individuals, or the heirs or assigns of such Individuals, claiming an interest in the Blocked Accounts, must submit an objection to turnover, including evidence supporting a claim to or an interest in one or both of the Blocked Accounts, and the amount or property so-claimed by that person, before the expiration of the Notice Deadline. After the expiration of the Notice Deadline, Petitioners and JPM Chase shall submit a joint statement summarizing the steps taken to serve notice on the Individuals by publication or otherwise, simultaneously submitting copies of any objections received in response to the published notice on or before the expiration of the Notice Deadline, and identifying (a) the amounts claimed, and (b) the amounts not claimed. Any funds or securities held in the Blocked Accounts identified as being unclaimed on or before the expiration of the Notice Deadline (the "Undisputed Amounts") may be deemed to constitute the property of Banco Nacional de Cuba as the successor in interest to Banco Gelats, and the Court may immediately enter the [Proposed] Order and Judgment Concerning Turnover of Account No. 25 and Account No 26 held by JPMorgan Chase Hank, N.A. attached hereto as Exhibit 2 with respect to the Undisputed Amounts (the "Turnover Order"). If any objections to turnover are received on or before to the expiration of the Notice Deadline which assert a claim to any portion of the funds or securities in the Blocked Accounts (the "Amounts in Dispute"), the Amounts in Dispute shall be excluded from the Turnover Order, and the Court shall hold further proceedings to adjudicate any disputes between Petitioners and the Individuals regarding those claims. (Signed by Judge Alvin K. Hellerstein on 12/15/2015) (tn)
December 4, 2015 Opinion or Order Filing 861 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Robert A. Swift dated 12/4/2015 re: extension of time for the banks to respond. ENDORSEMENT: So ordered. (Signed by Judge Alvin K. Hellerstein on 12/4/2015) (tn)
December 4, 2015 Opinion or Order Set/Reset Deadlines as to #844 MOTION for Summary Judgment re Interpleader (#480) of Citibank N.A.., #839 MOTION for Summary Judgment re Interpleader (#472) of Bank of America N.A.., #848 MOTION for Summary Judgment re Interpleader (#483) of Credit Suisse AG., #846 MOTION for Summary Judgment re Interpleader (#561) of Citibank N.A.., #837 MOTION for Summary Judgment re Interpleader (#516) of BNY Mellon., #832 MOTION for Summary Judgment re Interpleader (#478) of Wells Fargo Bank, N.A.., #836 MOTION for Summary Judgment re Interpleader (#475) of JPMorgan Chase Bank NA., #838 MOTION for Summary Judgment re interpleader (#563) of JPMorgan Chase Bank NA: Responses due by 12/11/2015, Replies due by 12/22/2015. (tn)
December 1, 2015 Opinion or Order Filing 860 ORDER granting #857 Letter Motion for Extension of Time to File Response/Reply re #844 MOTION for Summary Judgment re Interpleader (#480) of Citibank N.A., #839 MOTION for Summary Judgment re Interpleader (#472) of Bank of America N.A.., #848 MOTION for Summary Judgment re Interpleader (#483) of Credit Suisse AG, #846 MOTION for Summary Judgment re Interpleader (#561) of Citibank N.A., #837 MOTION for Summary Judgment re Interpleader (#516) of BNY Mellon, #832 MOTION for Summary Judgment re Interpleader (#478) of Wells Fargo Bank, N.A., #836 MOTION for Summary Judgment re Interpleader (#475) of JPMorgan Chase Bank NA, #838 MOTION for Summary Judgment re interpleader (#563) of JPMorgan Chase Bank NA: So ordered. Responses due by 12/4/2015. (Signed by Judge Alvin K. Hellerstein on 12/1/2015) (tn)
December 1, 2015 Opinion or Order Filing 859 DECLARATION of Craig T. Cagney re: #478 Third Party Complaint,, #851 Declaration,, #514 Summons Issued, Supplemental Declaration of Craig T. Cagney Concerning Service of the Summons and Third-Party Petition Alleging Claims in the the Nature of Interpleader Filed by Wells Fargo Bank, N.A.. Document filed by Wells Fargo Bank, N.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Cagney, Craig)
November 30, 2015 Opinion or Order Filing 858 ORDER granting #856 Letter Motion for Extension of Time to File Response/Reply. So ordered. Responses due by 12/4/2015. (Signed by Judge Alvin K. Hellerstein on 11/30/2015) (kgo)
November 30, 2015 Opinion or Order Filing 857 LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Alvin K. Hellerstein from James L. Kerr dated 11/30/15. Document filed by Bank of America, N.A., Citibank, N.A., Credit Suisse AG, New York Branch, JPMorgan Chase Bank, N.A.,, Wells Fargo Bank, N.A..(Kerr, James)
November 29, 2015 Opinion or Order Filing 856 LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Alvin K. Hellerstein from Steven B. Feigenbaum dated 11/29/2015. Document filed by Bank of New York Mellon.(Feigenbaum, Steven)
November 13, 2015 Opinion or Order Filing 855 STATUS REPORT. Petitioner Jeanette Fuller Hausler's Statement of Collections Document filed by Jeanette Fuller Hausler. (Attachments: #1 Exhibit Statement of Collections)(Perkins, James)
November 13, 2015 Opinion or Order Filing 854 NOTICE of Collections on the Villoldo Judgment. Document filed by Alfredo Villoldo, Gustavo Villoldo(and as Administrator, Executor, and Personal Representative of the Estate of Gustavo Villoldo Argilagos). (Attachments: #1 Exhibit Collections on the Villoldo Judgment)(Rosenthal, Edward)
November 13, 2015 Opinion or Order Filing 853 NOTICE of of Collections on the Vera Judgment re: #852 Order,. Document filed by Aldo Vera, Jr.. (Attachments: #1 Exhibit Collections on the Vera Judgment)(Swift, Robert)
November 10, 2015 Opinion or Order Filing 852 ORDER FOR ADDITIONAL FILINGS: Plaintiffs shall supplement their papers by November 13, 2015, by submitting detailed accounts of the dates and sources, from origin to date, of their respective recoveries. This is an enlargement of the time previously set for the plaintiffs to provide their accountings. (Signed by Judge Alvin K. Hellerstein on 11/9/2015) (kko)
October 30, 2015 Opinion or Order Filing 851 DECLARATION of Craig T. Cagney re: #478 Third Party Complaint,, Concerning Service of the Summons and Third-Party Petition Alleging Claims in the Nature of Interpleader Filed by Wells Fargo Bank, N.A.. Document filed by Wells Fargo Bank, N.A.. (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)(Cagney, Craig)
October 30, 2015 Opinion or Order Filing 850 DECLARATION of Jorge Salazar-Carrillo in Support re: #838 MOTION for Summary Judgment re interpleader (#563) of JPMorgan Chase Bank NA., #844 MOTION for Summary Judgment re Interpleader (#480) of Citibank N.A.., #839 MOTION for Summary Judgment re Interpleader (#472) of Bank of America N.A.., #836 MOTION for Summary Judgment re Interpleader (#475) of JPMorgan Chase Bank NA., #848 MOTION for Summary Judgment re Interpleader (#483) of Credit Suisse AG., #837 MOTION for Summary Judgment re Interpleader (#516) of BNY Mellon., #832 MOTION for Summary Judgment re Interpleader (#478) of Wells Fargo Bank, N.A.., #846 MOTION for Summary Judgment re Interpleader (#561) of Citibank N.A... Document filed by Aldo Vera, Jr.. (Swift, Robert)
October 30, 2015 Opinion or Order Filing 849 MEMORANDUM OF LAW in Support re: #848 MOTION for Summary Judgment re Interpleader (#483) of Credit Suisse AG. . Document filed by Aldo Vera, Jr.. (Attachments: #1 Exhibit)(Swift, Robert)
October 30, 2015 Opinion or Order Filing 848 MOTION for Summary Judgment re Interpleader (#483) of Credit Suisse AG. Document filed by Aldo Vera, Jr.. Responses due by 12/1/2015 (Attachments: #1 Exhibit)(Swift, Robert)
October 30, 2015 Opinion or Order Filing 847 MEMORANDUM OF LAW in Support re: #846 MOTION for Summary Judgment re Interpleader (#561) of Citibank N.A.. . Document filed by Aldo Vera, Jr.. (Swift, Robert)
October 30, 2015 Opinion or Order Filing 846 MOTION for Summary Judgment re Interpleader (#561) of Citibank N.A.. Document filed by Aldo Vera, Jr.. Responses due by 12/1/2015 (Attachments: #1 Exhibit)(Swift, Robert)
October 30, 2015 Opinion or Order Filing 845 MEMORANDUM OF LAW in Support re: #844 MOTION for Summary Judgment re Interpleader (#480) of Citibank N.A.. . Document filed by Aldo Vera, Jr.. (Attachments: #1 Exhibit)(Swift, Robert)
October 30, 2015 Opinion or Order Filing 844 MOTION for Summary Judgment re Interpleader (#480) of Citibank N.A.. Document filed by Aldo Vera, Jr.. Responses due by 12/1/2015 (Attachments: #1 Exhibit)(Swift, Robert)
October 30, 2015 Opinion or Order Filing 843 MEMORANDUM OF LAW in Support re: #838 MOTION for Summary Judgment re interpleader (#563) of JPMorgan Chase Bank NA. . Document filed by Aldo Vera, Jr.. (Swift, Robert)
October 30, 2015 Opinion or Order Filing 842 MEMORANDUM OF LAW in Support re: #836 MOTION for Summary Judgment re Interpleader (#475) of JPMorgan Chase Bank NA. . Document filed by Aldo Vera, Jr.. (Attachments: #1 Exhibit)(Swift, Robert)
October 30, 2015 Opinion or Order Filing 841 MEMORANDUM OF LAW in Support re: #837 MOTION for Summary Judgment re Interpleader (#516) of BNY Mellon. . Document filed by Aldo Vera, Jr.. (Attachments: #1 Exhibit)(Swift, Robert)
October 30, 2015 Opinion or Order Filing 840 MEMORANDUM OF LAW in Support re: #839 MOTION for Summary Judgment re Interpleader (#472) of Bank of America N.A.. . Document filed by Aldo Vera, Jr.. (Attachments: #1 Exhibit)(Swift, Robert)
October 30, 2015 Opinion or Order Filing 839 MOTION for Summary Judgment re Interpleader (#472) of Bank of America N.A.. Document filed by Aldo Vera, Jr.. Responses due by 12/1/2015 (Attachments: #1 Exhibit)(Swift, Robert)
October 30, 2015 Opinion or Order Filing 838 MOTION for Summary Judgment re interpleader (#563) of JPMorgan Chase Bank NA. Document filed by Aldo Vera, Jr.. Responses due by 12/1/2015 (Attachments: #1 Exhibit)(Swift, Robert)
October 30, 2015 Opinion or Order Filing 837 MOTION for Summary Judgment re Interpleader (#516) of BNY Mellon. Document filed by Aldo Vera, Jr.. Responses due by 12/1/2015 (Attachments: #1 Exhibit)(Swift, Robert)
October 30, 2015 Opinion or Order Filing 836 MOTION for Summary Judgment re Interpleader (#475) of JPMorgan Chase Bank NA. Document filed by Aldo Vera, Jr.. Responses due by 12/1/2015 (Attachments: #1 Exhibit)(Swift, Robert)
October 30, 2015 Opinion or Order Filing 835 DECLARATION of Craig T. Cagney re: #483 Third Party Complaint Concerning Service of the Summons and Third-Party Petition Alleging Claims in the Nature of Interpleader Filed by Credit Suisse AG, New York Branch. Document filed by Credit Suisse AG, New York Branch. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Cagney, Craig)
October 30, 2015 Opinion or Order Filing 834 DECLARATION of Jorge Salazar-Carrillo in Support re: #832 MOTION for Summary Judgment re Interpleader (#478) of Wells Fargo Bank, N.A... Document filed by Aldo Vera, Jr.. (Swift, Robert)
October 30, 2015 Opinion or Order Filing 833 MEMORANDUM OF LAW in Support re: #832 MOTION for Summary Judgment re Interpleader (#478) of Wells Fargo Bank, N.A.. . Document filed by Aldo Vera, Jr.. (Attachments: #1 Exhibit)(Swift, Robert)
October 30, 2015 Opinion or Order Filing 832 MOTION for Summary Judgment re Interpleader (#478) of Wells Fargo Bank, N.A.. Document filed by Aldo Vera, Jr.. Responses due by 11/30/2015 (Attachments: #1 Exhibit)(Swift, Robert)
October 29, 2015 Opinion or Order Filing 831 DECLARATION of Craig T. Cagney re: #563 Third Party Complaint,,,,,,,,, Concerning Service of the Summons and Third-Party Petition Alleging Claims in the Nature of Interpleader Filed by JPMorgan Chase Bank, N.A.. Document filed by JPMorgan Chase Bank, N.A.,. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Cagney, Craig)
October 29, 2015 Opinion or Order Filing 830 DECLARATION of Craig T. Cagney re: #561 Third Party Complaint,,,, Concerning Service of the Summons and Third-Party Petition Alleging Claims in the Nature of Interpleader Filed by Citibank, N.A.. Document filed by Citibank, N.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Cagney, Craig)
October 29, 2015 Opinion or Order Filing 829 DECLARATION of Craig T. Cagney re: #559 Third Party Complaint,,, Concerning Service of the Summons and Third-Party Petition Alleging Claims in the Nature of the Interpleader Filed by JPMorgan Chase Bank, N.A.. Document filed by JPMorgan Chase Bank, N.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Cagney, Craig)
October 29, 2015 Opinion or Order Filing 828 DECLARATION of Craig T. Cagney re: #475 Third Party Complaint,, Concerning Service of the Summons and Third-Party Petition Alleging Claims in the Nature of Interpleader Filed by JPMorgan Chase Bank, N.A.. Document filed by JPMorgan Chase Bank, N.A.,. (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)(Cagney, Craig)
October 29, 2015 Opinion or Order Filing 827 DECLARATION of Craig T. Cagney re: #480 Third Party Complaint, Concerning Service of the Summons and Third-Party Petition Alleging Claims in the Nature of Interpleader Filed by Citibank, N.A.. Document filed by Citibank, N.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5 Part1, #6 Exhibit 5 Part 2, #7 Exhibit 5 Part 3, #8 Exhibit 5 Part 4, #9 Exhibit 5 Part 5, #10 Exhibit 5 Part 6, #11 Exhibit 6, #12 Exhibit 7, #13 Exhibit 8, #14 Exhibit 9)(Cagney, Craig)
October 29, 2015 Opinion or Order Filing 826 DECLARATION of Craig T. Cagney re: #477 Third Party Complaint Concerning Service of the Summons and Third-Party Petition Alleging Claims in the Nature of Interpleader Filed by UBS AG. Document filed by UBS AG. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Cagney, Craig)
October 29, 2015 Opinion or Order Filing 825 DECLARATION of Craig T. Cagney re: #472 Interpleader Concerning Service of the Summons and Third-Party Petition Alleging Claims in the Nature of Interpleader Filed by Bank of America, N.A.. Document filed by Bank of America, N.A.. (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)(Cagney, Craig)
October 23, 2015 Opinion or Order Filing 824 ANSWER to #478 Third Party Complaint,,. Document filed by Havana Holdings Limited.(Robinson, Christopher)
October 23, 2015 Opinion or Order Filing 823 NOTICE OF APPEARANCE by Sharon L. Schneier on behalf of Havana Holdings Limited. (Schneier, Sharon)
October 23, 2015 Opinion or Order Filing 822 NOTICE OF APPEARANCE by Christopher J. Robinson on behalf of Havana Holdings Limited. (Robinson, Christopher)
October 19, 2015 Opinion or Order Filing 821 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/1/15 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...(McGuirk, Kelly)
October 19, 2015 Opinion or Order Filing 820 TRANSCRIPT of Proceedings re: CONFERENCE held on 10/1/2015 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Ellen Ford, (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 11/12/2015. Redacted Transcript Deadline set for 11/23/2015. Release of Transcript Restriction set for 1/20/2016.(McGuirk, Kelly)
October 16, 2015 Opinion or Order Filing 819 NOTICE of Notice of Delivery of Funds to U.S. Marshal's Service re: #817 Judgment,,,,,,,,, #814 Order on Motion for Summary Judgment,,. Document filed by HSBC Bank USA, N.A.(Respondent-Garnishee and Stakeholder/Third-Party Petitioner). (Attachments: #1 Exhibit A)(McPhee, Sean)
October 6, 2015 Opinion or Order Filing 818 MANDATE of USCA (Certified Copy) as to #756 Notice of Appeal, filed by Banco Bilbao Vizcaya Argentaria, S.A., #709 Notice of Appeal, filed by Banco Bilbao Vizcaya Argentaria, S.A. USCA Case Number 14-3743(L); 15-1154(con). IT IS HEREBY ORDERED, ADJUDGED and DECREED that the appeals docketed under Nos. 14-3743 - cv(L) and 15-1154-cv(con) are DISMISSED for lack of jurisdiction. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 10/06/2015. (nd)
September 30, 2015 Opinion or Order Filing 817 ORDER AND JUDGMENT CONCERNING TURNOVER AND THIRD-PARTY PETITION ALLEGING CLAIMS IN THE NATURE OF INTERPLEADER: Pursuant to CPLR 5225(b), as applied through Fed. R. Civ. P. 69, and in accordance with this Court's Notice Order, judgment ordering turnover of the funds in the HSBC Blocked Account is hereby entered in connection with the HSBC Interpleader Petition in favor of Petitioners and against (i) HSBC in its capacity as garnishee, and (ii) BI CSA, BBVA and ING in their capacities as Third-Party Respondents/ Adverse Claimants. The funds in the HSBC Blocked Account are blocked assets of the Republic of Cuba or of agencies or instrumentalities of the Republic of Cuba within the meaning of the FSIA and the TRIA, Petitioners' judgments satisfy all conditions set forth in the FSIA and the TRIA for executing against such blocked assets of the Republic of Cuba or of its agencies or instrumentalities, and therefore the HSBC Blocked Account is subject to execution by Petitioners in accordance with the requirements of the FSIA and the TRIA. On or before the twentieth (20) business day from the date of service of this Order and Judgment, HSBC shall turn over the funds in the HSBC Blocked Account with all accrued interest thereon to the U.S. Marshal. Within ten (10) business days of receipt from HSBC of the funds in the HSBC Blocked Account, the U.S. Marshal shall transfer such funds to Petitioners' counsel of record in accordance with such payment instructions as maybe provided to the U.S. Marshal jointly by Petitioner' counsel of record. Receipt of the funds in the HSBC Blocked Account shall be in partial satisfaction of the compensatory damages portion of each of the Petitioners' respective judgments (including interest). Each and every party to the HSBC Interpleader Petition is hereby and shall be restrained and enjoined from instituting or prosecuting any claim or action against HSBC in any jurisdiction arising from or relating to any claim to the funds in the HSBC Blocked Account. This Order and Judgment is a final judgment that finally disposes of all claims asserted in the HSBC Interpleader Petition and all claims to the funds in the HSBC Blocked Account that have or could have been asserted by Petitioners, the Adverse Claimants, and all other persons or entities, and as further set forth in this order. (Signed by Judge Alvin K. Hellerstein on 9/30/2015) (tn)
September 29, 2015 Opinion or Order Filing 816 JOINT LETTER addressed to Judge Alvin K. Hellerstein from Sean C. McPhee dated September 29, 2015 re: joint turnover order required by Doc. No. 814. Document filed by HSBC Bank USA, N.A.(Respondent-Garnishee and Stakeholder/Third party Petitioner).(McPhee, Sean)
September 24, 2015 Opinion or Order Filing 882 INTERNET CITATION NOTE: Material from decision with Internet citation re: #814 Order on Motion for Summary Judgment. (Attachments: #1 Internet Citation) (vf)
September 24, 2015 Opinion or Order Filing 815 ORDER FOR STATUS CONFERENCE: The parties and any others interested shall appear for a status conference on Thursday, October 1, 2015, at 11 a.m., to discuss: An accounting from Petitioners on the extent to which their judgments have been satisfied. Identifying remaining issues in the case and discussing procedures for their resolution. (Status Conference set for 10/1/2015 at 11:00 AM before Judge Alvin K. Hellerstein.) As further set forth in this order. (Signed by Judge Alvin K. Hellerstein on 9/24/2015) (tn)
September 24, 2015 Opinion or Order Filing 814 ORDER GRANTING MOTION FOR SUMMARY JUDGMENT FOR TURNOVER AGAINST HSBC granting #795 Motion for Summary Judgment: For the foregoing reasons, Petitioners' motion for summary judgment (Dkt. No. 795) is GRANTED. Petitioners and HSBC shall submit a joint turnover order, modeled after the previous turnover orders issued in this case, by September 29, 2015. The Clerk shall mark the motion (Dkt. No. 795) terminated. As further set forth in this order. (Signed by Judge Alvin K. Hellerstein on 9/24/2015) (tn)
September 8, 2015 Opinion or Order Filing 813 NOTICE of of Opinion of the Court of Appeals. Document filed by Aldo Vera, Jr.. (Attachments: #1 Exhibit)(Swift, Robert)
September 2, 2015 Opinion or Order Filing 812 STATUS REPORT. Document filed by Aldo Vera, Jr.. (Attachments: #1 Exhibit)(Swift, Robert)
August 24, 2015 Opinion or Order Filing 811 NOTICE OF CHANGE OF ADDRESS by Gregory Phillip Feit on behalf of Bank of New York Mellon. New Address: Levi Lubarsky Feigenbaum & Weiss LLP, 655 Third Avenue, 27th Floor, New York, New York, 10017, 212-308-6100. (Feit, Gregory)
August 18, 2015 Opinion or Order Filing 810 NOTICE OF CHANGE OF ADDRESS by Steven B. Feigenbaum on behalf of Bank of New York Mellon, JPMorgan Chase Bank, N.A.. New Address: Levi Lubarsky Feigenbaum & Weiss LLP, 655 Third Avenue, 27th Floor, New York, New York, 10017, 212-308-6100. (Feigenbaum, Steven)
August 18, 2015 Opinion or Order Filing 809 NOTICE OF CHANGE OF ADDRESS by J. Kelley Nevling, Jr on behalf of Bank of New York Mellon. New Address: Levi Lubarsky Feigenbaum & Weiss LLP, 655 Third Avenue, 27th Floor, New York, New York, 10017, 212-308-6100. (Nevling, J.)
July 30, 2015 Opinion or Order Filing 808 REPLY MEMORANDUM OF LAW in Support re: #795 MOTION for Summary Judgment as to HSBC Interpleader Petition (Doc. No. 451). . Document filed by Aldo Vera, Jr.. (Swift, Robert)
July 22, 2015 Opinion or Order Filing 807 ANSWER to #475 Third Party Complaint,,. Document filed by Naviera Armamex S.A. de C.V..(Keller, Kyra)
July 22, 2015 Opinion or Order Filing 806 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Naviera Armamex S.A. de C.V..(Keller, Kyra)
July 22, 2015 Opinion or Order Filing 805 NOTICE OF APPEARANCE by Kyra Tichacek Keller on behalf of Naviera Armamex S.A. de C.V.. (Keller, Kyra)
July 21, 2015 Opinion or Order Filing 804 MEMO ENDORSEMENT on re: #803 Letter filed by Aldo Vera, Jr. ENDORSEMENT: So ordered. Set Deadlines/Hearing as to #803 Letter, #795 MOTION for Summary Judgment as to HSBC Interpleader Petition (Doc. No. 451): Replies due by 7/30/2015. (Signed by Judge Alvin K. Hellerstein on 7/21/2015) (tn)
July 17, 2015 Opinion or Order Filing 803 LETTER addressed to Judge Alvin K. Hellerstein from Robert A. Swift dated July 17, 2015 re: Extension of Time to File Reply Brief re Summary Judgment Motion. Document filed by Aldo Vera, Jr..(Swift, Robert)
July 13, 2015 Opinion or Order Filing 802 SEALED DOCUMENT placed in vault.(mps)
July 13, 2015 Opinion or Order Filing 801 DECLARATION of Sean C. McPhee in Opposition re: #795 MOTION for Summary Judgment as to HSBC Interpleader Petition (Doc. No. 451).. Document filed by HSBC Bank USA, N.A.(Respondent-Garnishee and Stakeholder/Third party Petitioner). (Attachments: #1 Exhibit A)(McPhee, Sean)
July 13, 2015 Opinion or Order Filing 800 DECLARATION of Robert Catalano in Opposition re: #795 MOTION for Summary Judgment as to HSBC Interpleader Petition (Doc. No. 451).. Document filed by HSBC Bank USA, N.A.(Respondent-Garnishee and Stakeholder/Third party Petitioner). (Attachments: #1 Exhibit A (filed under seal))(McPhee, Sean)
July 13, 2015 Opinion or Order Filing 799 MEMORANDUM OF LAW in Opposition re: #795 MOTION for Summary Judgment as to HSBC Interpleader Petition (Doc. No. 451). . Document filed by HSBC Bank USA, N.A.(Respondent-Garnishee and Stakeholder/Third party Petitioner). (McPhee, Sean)
June 26, 2015 Opinion or Order Filing 798 DECLARATION of Robert A. Swift in Support re: #795 MOTION for Summary Judgment as to HSBC Interpleader Petition (Doc. No. 451).. Document filed by Alfredo Villoldo, Gustavo Villoldo(and as Administrator, Executor, and Personal Representative of the Estate of Gustavo Villoldo Argilagos), Gustavo Villoldo(Individually). (Levitt, Brandon)
June 26, 2015 Opinion or Order Filing 797 DECLARATION of Andrew C. Hall in Support re: #795 MOTION for Summary Judgment as to HSBC Interpleader Petition (Doc. No. 451).. Document filed by Alfredo Villoldo, Gustavo Villoldo(and as Administrator, Executor, and Personal Representative of the Estate of Gustavo Villoldo Argilagos), Gustavo Villoldo(Individually). (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Levitt, Brandon)
June 26, 2015 Opinion or Order Filing 796 MEMORANDUM OF LAW in Support re: #795 MOTION for Summary Judgment as to HSBC Interpleader Petition (Doc. No. 451). . Document filed by Alfredo Villoldo, Gustavo Villoldo(and as Administrator, Executor, and Personal Representative of the Estate of Gustavo Villoldo Argilagos), Gustavo Villoldo(Individually). (Levitt, Brandon)
June 26, 2015 Opinion or Order Filing 795 MOTION for Summary Judgment as to HSBC Interpleader Petition (Doc. No. 451). Document filed by Alfredo Villoldo, Gustavo Villoldo(and as Administrator, Executor, and Personal Representative of the Estate of Gustavo Villoldo Argilagos), Gustavo Villoldo(Individually). (Attachments: #1 Exhibit A (Proposed Order))(Levitt, Brandon)
June 26, 2015 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Brandon R. Levitt to RE-FILE Document #792 MOTION for Summary Judgment . Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents. ***REMINDER*** - First refile the #791 Notice AS THE MOTION for Summary Judgment, then file and link any supporting documents. (db)
June 26, 2015 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Brandon R. Levitt to RE-FILE Document #793 Declaration in Support of Motion, #794 Declaration in Support of Motion. ERROR(S): Document(s) linked to filing error. (db)
June 25, 2015 Opinion or Order Filing 794 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Robert A. Swift in Support re: #792 MOTION for Summary Judgment .. Document filed by Alfredo Villoldo, Gustavo Villoldo(and as Administrator, Executor, and Personal Representative of the Estate of Gustavo Villoldo Argilagos), Gustavo Villoldo(Individually). (Levitt, Brandon) Modified on 6/26/2015 (db).
June 25, 2015 Opinion or Order Filing 793 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Andrew C. Hall in Support re: #792 MOTION for Summary Judgment .. Document filed by Alfredo Villoldo, Gustavo Villoldo(and as Administrator, Executor, and Personal Representative of the Estate of Gustavo Villoldo Argilagos), Gustavo Villoldo(Individually). (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Levitt, Brandon) Modified on 6/26/2015 (db).
June 25, 2015 Opinion or Order Filing 792 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Summary Judgment . Document filed by Alfredo Villoldo, Gustavo Villoldo(and as Administrator, Executor, and Personal Representative of the Estate of Gustavo Villoldo Argilagos), Gustavo Villoldo(Individually).(Levitt, Brandon) Modified on 6/26/2015 (db).
June 25, 2015 Opinion or Order Filing 791 NOTICE of Motion for Summary Judgment re: #451 Petition (Other). Document filed by Alfredo Villoldo, Gustavo Villoldo(and as Administrator, Executor, and Personal Representative of the Estate of Gustavo Villoldo Argilagos), Gustavo Villoldo(Individually). (Attachments: #1 Exhibit A (Proposed Order))(Levitt, Brandon)
June 11, 2015 Opinion or Order Filing 790 ORDER FOR HSBC FUNDS TURNOVER re: #788 Order: The funds ordered to be turned over pursuant to docket number 788 in the above-captioned case shall include both the principal deposited along with any interest incurred. The Clerk's Office should write the check to be made out to the United States Marshal for the Southern District of New York. (Signed by Judge Alvin K. Hellerstein on 6/11/2015) ***A copy of this order has been forwarded to the Finance Unit via interoffice on 6/11/2015. (tn)
June 4, 2015 Opinion or Order Filing 789 ORDER DENYING MOTION FOR STAY PENDING APPEAL denying #748 Motion to Stay. BBVA's motion for a stay of discovery pending its appeal is DENIED. BBVA shall have 20 days from the date of this Order to respond to Vera's information subpoenas, or to seek a stay from the Court of Appeals. If a stay is warranted while an appeal to the Court of Appeals proceeds, the Court of Appeals is better situated than the district court to order its length in relation to expediting of briefing and scheduling of arguments. SO ORDERED. (See Order.) (Signed by Judge Alvin K. Hellerstein on 6/4/2015) (ajs)
June 4, 2015 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #787 Notice of Interlocutory Appeal. (tp)
June 4, 2015 Opinion or Order Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #787 Notice of Interlocutory Appeal, filed by Banco Bilbao Vizcaya Argentaria, S.A., #788 Order, were transmitted to the U.S. Court of Appeals. (tp)
June 3, 2015 Opinion or Order Filing 788 ORDER FOR WITHDRAWAL OF FUNDS DEPOSITED INTO COURT: IT IS HEREBY ORDERED, that: The HSBC Turnover Funds, which were deposited by HSBC with the Clerk of the United States District Court for the Southern District of New York ("Clerk") on May 15, 2015 (Cashier's Office Registry Deposit Receipt Numbers 465401125472 and 465401125474) totaling $38,224.50 may be withdrawn in accordance with 28 U.S.C. 2042 and Fed. R. Civ. P. 67(b) and shall be turned over by the Clerk to the U.S. Marshal. Within fifteen (15) business days of receipt of the HSBC Turnover Funds from the Clerk, the U.S. Marshal shall transfer the HSBC Turnover Funds to Petitioners' counsel of record in accordance with such payment instructions as may be provided to the U.S. Marshal jointly by Petitioners' counsel of record. HSBC's discharge from liability and requests for reimbursement of fees and expenses incurred in connection with this proceeding are governed by the relevant provisions of the Court's December 9, 2013 Order with Respect to Giving Notice of Turnover Proceeding (Doc. No. 368), as amended. Payment of the HSBC Turnover Funds to the U.S. Marshal and/or turnover of the HSBC Turnover Funds to Petitioners shall not prejudice HSBC's right to subsequently seek an award of attorneys' fees incurred in connection with this proceeding, which right is governed by and subject to the Court's December 9, 2013 Order (Doc. No. 368). This Court shall retain jurisdiction to resolve any dispute arising under the Court's December 9, 2013 Order. (Signed by Judge Alvin K. Hellerstein on 6/3/2015) ***A copy of this order has been forwarded to the Finance Unit via interoffice envelope***(kko)
June 3, 2015 Opinion or Order Filing 787 NOTICE OF INTERLOCUTORY APPEAL from #767 Order on Motion for Reconsideration,,,. Document filed by Banco Bilbao Vizcaya Argentaria, S.A.. Filing fee $ 505.00, receipt number 0208-10992228. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: #1 Order Denying Motion to Reconsider)(Caruso, Kenneth)
May 29, 2015 Opinion or Order Filing 786 ORDER granting #784 Letter Motion for Extension of Time. The date for Banco Bilbao Vizcaya Argentina S.A. ("BBVA") to respond to Plaintiff Aldo Vera's information subpoena is hereby stayed from June 2, 2015, until Friday, June 10, 2015, subject to enlargement or modification by subsequent order. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 5/29/2015) (ajs)
May 28, 2015 Opinion or Order Filing 785 NOTICE of Payment of Funds to the United States Marshal for the Southern District of New York. Document filed by Bank of New York Mellon. (Attachments: #1 Exhibit A)(Feigenbaum, Steven)
May 28, 2015 Opinion or Order Filing 784 LETTER MOTION for Extension of Time for providing information in response to Vera's Subpoena addressed to Judge Alvin K. Hellerstein from Kenneth A. Caruso dated May 28, 2015. Document filed by Banco Bilbao Vizcaya Argentaria, S.A..(Caruso, Kenneth)
May 28, 2015 Opinion or Order CASHIERS OFFICE CRIS DEPOSIT dated 5/19/15, from Judge Judge Alvin K. Hellerstein, $553,185.21 from BANCO BILAO VIZCAYA ARGENTINA deposited on 5/18/15, Receipt Number 465401025646 and placed into CRIS on 5/28/15. (dig)
May 28, 2015 Opinion or Order CASHIERS OFFICE CRIS DEPOSIT dated 5/19/15, from Judge Judge Alvin K. Hellerstein, $38,224.50 from HSBC deposited on 5/15/15, Receipt Number 465401025472,5474 and placed into CRIS on 5/28/15. (dig)
May 27, 2015 Opinion or Order Filing 783 ***DELETED DOCUMENT. Deleted document number 783 LETTER from Miriam Brown Borges. (sac) (sac).
May 26, 2015 Opinion or Order Filing 782 LETTER addressed to Judge Alvin K. Hellerstein from Robert A. Swift dated May 26, 2015 re: Proposed Order re Transfer of HSBC Deposited Funds. Document filed by Aldo Vera, Jr., as Personal Representative of the Estate of Aldo Vera, Sr.. (Attachments: #1 Text of Proposed Order)(Swift, Robert)
May 21, 2015 Opinion or Order Filing 781 NOTICE of Payment of Funds to the United States Marshal for the Southern District of New York. Document filed by Wells Fargo Bank, N.A.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kerr, James)
May 21, 2015 Opinion or Order Filing 780 NOTICE of Payment of Funds to the United States Marshal for the Southern District of New York. Document filed by JPMorgan Chase Bank, N.A.,. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kerr, James)
May 21, 2015 Opinion or Order Filing 779 NOTICE of Payment of Funds to the United States Marshal for the Southern District of New York. Document filed by UBS AG. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kerr, James)
May 21, 2015 Opinion or Order Filing 778 NOTICE of Payment of Funds to the United States Marshal for the Southern District of New York. Document filed by Citibank, N.A.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kerr, James)
May 21, 2015 Opinion or Order Filing 777 NOTICE of Payment of Funds to the United States Marshal for the Southern District of New York. Document filed by Barclays Bank PLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kerr, James)
May 21, 2015 Opinion or Order Filing 776 NOTICE of Payment of Funds to the United States Marshal for the Southern District of New York. Document filed by Bank of America, N.A.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kerr, James)
May 21, 2015 Opinion or Order Filing 775 LETTER addressed to Judge Alvin K. Hellerstein from Sean C. McPhee dated May 21, 2015 re: Withdrawal of Funds Deposited with Registry of Courts. Document filed by HSBC Bank USA, N.A.(Respondent-Garnishee and Stakeholder/Third party Petitioner). (Attachments: #1 Exhibit Proposed Order)(McPhee, Sean)
May 20, 2015 Opinion or Order Filing 774 NOTICE of Payment of Funds to the United States Marshal Service re: #767 Order on Motion for Reconsideration,,, #739 Memorandum & Opinion,,,,,,,. Document filed by Standard Chartered Bank. (Attachments: #1 Exh. A copy of check stamped by U.S. Marshal)(Goodman, Bruce)
May 19, 2015 Opinion or Order Filing 773 ORDER: All funds deposited with the Registry of the U.S. Courts pursuant to my Order dated May 7, 2015 (Dkt. No. 767), shall be placed in separate interest-bearing accounts pursuant to Fed. R. Civ. P. 67, with each account showing the identity of the respective depositor. The parties should not post notices of funds deposited with the Registry of the U.S. Courts pursuant to that Order. The Clerk shall continue to post the deposits on ECF upon their receipt. This procedure will prevent against any potential double-counting. Notices by the parties of funds deposited with the U.S. Marshals Service shall continue to be posted to ECF. The Clerk shall remove the notices located at Docket Numbers 768 & 769 from the docket. (Signed by Judge Alvin K. Hellerstein on 5/19/2015) ***A copy of this order was forwarded to the Finance Unit via interoffice on 5/19/2015. (tn) Modified on 5/20/2015 (tn).
May 19, 2015 Opinion or Order Filing 772 MEMO ENDORSEMENT on re: #770 Letter, filed by Citibank, N.A., Wells Fargo Bank, N.A., Barclays Bank PLC, Bank of America, N.A., JPMorgan Chase Bank, N.A., UBS AG. ENDORSEMENT: So Ordered. (Signed by Judge Alvin K. Hellerstein on 5/19/2015) (tn)
May 19, 2015 Opinion or Order Filing 771 NOTICE of Payment of Funds to U.S. Marshal's Service. Document filed by Deutsche Bank Trust Company Americas. (Gimbel, Mark)
May 19, 2015 Opinion or Order CASHIERS OFFICE REGISTRY DEPOSIT as per #767 Order on Motion for Reconsideration,,, dated 5/18/2015, from Judge Judge Alvin K. Hellerstein, received $553,185.21 from Banco Bilbao Vizcaya Argentaria (S.A.) Receipt Number 465401125646 on 05/18/2015. (cde)
May 18, 2015 Opinion or Order ***STRICKEN DOCUMENT. Deleted document number 769 from the case record. The document was stricken from this case pursuant to #773 Order. (tn)
May 18, 2015 Opinion or Order Filing 770 LETTER addressed to Judge Alvin K. Hellerstein from James L. Kerr dated 05/18/2015 re: Adjournment of the Turnover Date to 5/21/2015. Document filed by Bank of America, N.A., Barclays Bank PLC, Citibank, N.A., JPMorgan Chase Bank, N.A.,, UBS AG, Wells Fargo Bank, N.A..(Kerr, James)
May 18, 2015 Opinion or Order CASHIERS OFFICE REGISTRY DEPOSIT as per #767 Order on Motion for Reconsideration,,, dated 05/07/2015, from Judge Judge Alvin K. Hellerstein, received $29,967.91 from HSBC Bank Receipt Number 465401125474 on 05/15/2015. (cde)
May 18, 2015 Opinion or Order CASHIERS OFFICE REGISTRY DEPOSIT as per #767 Order on Motion for Reconsideration,,, dated 05/07/2015, from Judge Judge Alvin K. Hellerstein, received $8256.59 from HSBC Bank Receipt Number 465401125472 on 05/15/2015. (cde)
May 15, 2015 Opinion or Order ***STRICKEN DOCUMENT. Deleted document number 768 from the case record. The document was stricken from this case pursuant to #773 Order Striking Document from Record. (tn)
May 8, 2015 Opinion or Order Filing 767 ORDER DENYING MOTION TO RECONSIDER denying #740 Motion for Reconsideration. For the foregoing reasons, I hold that the Second Circuit decisions in Hausler and Calderon-Cardona do not change the outcome of my previous order dated March 17, 2015. The Garnishees' motion for reconsideration (Dkt. No. 740) is DENIED. The Garnishees shall promptly tum over all Phase I funds to which no claim has been asserted by a person or entity other than the Republic of Cuba, directly or through an affiliate, within ten days of the date of this Order, (a) either as directed in the Order dated March 17, 2015, or, (b) if the Garnishees seek an interlocutory appeal and stay of this order, to the Registry of the U.S. Courts for safekeeping and to avoid risk of diplomatic change affecting the judgment creditors. The Clerk shall mark the motion (Dkt. No. 740) terminated. (Signed by Judge Alvin K. Hellerstein on 5/7/2015) (mro)
May 7, 2015 Opinion or Order Filing 766 REPLY MEMORANDUM OF LAW in Support re: #748 MOTION to Stay Discovery Pending Appeal / Notice of Motion For Stay of Discovery Pending Appeal. . Document filed by Banco Bilbao Vizcaya Argentaria, S.A.. (Caruso, Kenneth)
May 4, 2015 Opinion or Order Filing 765 STIPULATION AND ORDER: The time for BBVA to file reply papers in support of BBVA's motion for a stay of discovery pending appeal is extended to and including May 13, 2015. The time for BBVA to furnish to Plaintiff's counsel full and complete answers to the information subpoena served on BBVA is extended from May 18, 2015 to and including June 2, 2015. Set Deadlines/Hearing as to #748 MOTION to Stay Discovery Pending Appeal / Notice of Motion For Stay of Discovery Pending Appeal: Replies due by 5/13/2015. (Signed by Judge Alvin K. Hellerstein on 5/1/2015) (tn)
April 29, 2015 Opinion or Order Filing 764 MEMORANDUM OF LAW in Opposition re: #748 MOTION to Stay Discovery Pending Appeal / Notice of Motion For Stay of Discovery Pending Appeal. . Document filed by Aldo Vera, Jr.. (Swift, Robert)
April 27, 2015 Opinion or Order Filing 763 MEMO ENDORSEMENT on re: #762 Letter filed by Aldo Vera, Jr. ENDORSEMENT: So ordered. Set Deadlines/Hearing as to #762 Letter, #748 MOTION to Stay Discovery Pending Appeal / Notice of Motion For Stay of Discovery Pending Appeal: Responses due by 4/29/2015. (Signed by Judge Alvin K. Hellerstein on 4/24/2015) (tn)
April 22, 2015 Opinion or Order Filing 762 LETTER addressed to Judge Alvin K. Hellerstein from Robert A. Swift dated April 22, 2015 re: Extension of Dates. Document filed by Aldo Vera, Jr..(Swift, Robert)
April 13, 2015 Opinion or Order Filing 761 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for their respective clients, as follows: 1. The time for Vera to file papers in opposition to BBVA's motion for a stay of discovery pending appeal is extended to and including April 22, 2015. 2. The time for BBVA to furnish to Plaintiff's counsel full and complete answers to the information subpoena served on BBVA is extended from May 1, 2015 to and including May 11, 2015. Set Deadlines/Hearing as to #748 MOTION to Stay Discovery Pending Appeal / Notice of Motion For Stay of Discovery Pending Appeal:( Responses due by 4/22/2015) (Signed by Judge Alvin K. Hellerstein on 4/13/2015) (mro)
April 13, 2015 Opinion or Order Filing 760 ORDER: The turnover of funds from the uncontested Phase I Accounts, which, by Order dated March 17, 2015, I ordered be performed by April 14, 2015 (Dkt. No. 739), is hereby stayed for 30 days, subject to enlargement or modification by subsequent order. (Signed by Judge Alvin K. Hellerstein on 4/13/2015) (mro)
April 13, 2015 Opinion or Order Filing 759 LETTER addressed to Judge Alvin K. Hellerstein from James L. Kerr dated April 13, 2015 re: Order Entered by Judge Castel in Harrison v. Republic of Sudan, No. 13cv3127. Document filed by Bank of America, N.A., Barclays Bank PLC, Citibank, N.A., JPMorgan Chase Bank, N.A.,, UBS AG, Wells Fargo Bank, N.A..(Kerr, James)
April 13, 2015 Opinion or Order Filing 758 LETTER addressed to Judge Alvin K. Hellerstein from Sean C. McPhee dated April 13, 2015 re: renewed request for extension of turnover deadline in Order dated March 17, 2015 (Dkt. No. 739-1) respectfully submitted in accordance with Individual Rule 1.D. Document filed by HSBC Bank USA, N.A.(Respondent-Garnishee and Stakeholder/Third party Petitioner).(McPhee, Sean)
April 10, 2015 Opinion or Order Filing 757 NOTICE OF INTERLOCUTORY APPEAL from #739 Memorandum & Opinion,,,,,,,. Document filed by Banco Bilbao Vizcaya Argentaria, S.A.. Filing fee $ 505.00, receipt number 0208-10803163. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: #1 Docket No. 739 - Opinion and Order, #2 Docket No. 739-2 - Order for Turnover)(Caruso, Kenneth)
April 10, 2015 Opinion or Order Filing 756 NOTICE OF APPEAL from #739 Memorandum & Opinion,,,,,,,. Document filed by Banco Bilbao Vizcaya Argentaria, S.A.. Filing fee $ 505.00, receipt number 0208-10803071. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: #1 Opinion and Order)(Caruso, Kenneth)
April 10, 2015 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #756 Notice of Appeal. (tp)
April 10, 2015 Opinion or Order Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #756 Notice of Appeal, filed by Banco Bilbao Vizcaya Argentaria, S.A. were transmitted to the U.S. Court of Appeals. (tp)
April 10, 2015 Opinion or Order Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #757 Notice of Interlocutory Appeal, filed by Banco Bilbao Vizcaya Argentaria, S.A. were transmitted to the U.S. Court of Appeals. (tp)
April 10, 2015 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #757 Notice of Interlocutory Appeal. (tp)
April 9, 2015 Opinion or Order Filing 755 REPLY MEMORANDUM OF LAW in Support re: #740 MOTION for Reconsideration re; #739 Memorandum & Opinion,,,,,,, Joint motion for reconsideration of Turnover Order by HSBC Bank USA, N.A., Deutsche Bank Trust Company Americas, Bank of America, N.A., Barclays Bank PLC, Citibank, N.A., JPMor . Document filed by Banco Bilbao Vizcaya Argentaria, S.A., Bank of America, N.A., Bank of New York Mellon, Barclays Bank PLC, Citibank, N.A., Deutsche Bank Trust Company Americas, HSBC Bank USA, N.A.(Respondent-Garnishee and Stakeholder/Third party Petitioner), JPMorgan Chase Bank, N.A.,, Standard Chartered Bank, UBS AG, Wells Fargo Bank, N.A.. (Gimbel, Mark)
April 8, 2015 Opinion or Order Filing 754 MEMORANDUM OF LAW in Opposition re: #740 MOTION for Reconsideration re; #739 Memorandum & Opinion,,,,,,, Joint motion for reconsideration of Turnover Order by HSBC Bank USA, N.A., Deutsche Bank Trust Company Americas, Bank of America, N.A., Barclays Bank PLC, Citibank, N.A., JPMor . Document filed by Alfredo Villoldo, Gustavo E. Villoldo. (Rosenthal, Edward)
April 7, 2015 Opinion or Order Filing 753 DECLARATION of Brandon R. Levitt in Opposition re: #740 MOTION for Reconsideration re; #739 Memorandum & Opinion,,,,,,, Joint motion for reconsideration of Turnover Order by HSBC Bank USA, N.A., Deutsche Bank Trust Company Americas, Bank of America, N.A., Barclays Bank PLC, Citibank, N.A., JPMor. Document filed by Alfredo Villoldo, Gustavo E. Villoldo. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Rosenthal, Edward)
April 7, 2015 Opinion or Order Filing 752 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: #740 MOTION for Reconsideration re; #739 Memorandum & Opinion,,,,,,, Joint motion for reconsideration of Turnover Order by HSBC Bank USA, N.A., Deutsche Bank Trust Company Americas, Bank of America, N.A., Barclays Bank PLC, Citibank, N.A., JPMor . Document filed by Alfredo Villoldo, Gustavo E. Villoldo. (Rosenthal, Edward) Modified on 4/8/2015 (ka).
April 3, 2015 Opinion or Order Filing 751 LETTER addressed to Judge Alvin K. Hellerstein from Kenneth A. Caruso dated April 3, 2015 re: Banco Bilbao Vizcaya Argentaria, S.A.'s motion for a stay of discovery pending appeal #748 . Document filed by Banco Bilbao Vizcaya Argentaria, S.A..(Caruso, Kenneth)
April 3, 2015 Opinion or Order Filing 750 MEMORANDUM OF LAW in Support re: #748 MOTION to Stay Discovery Pending Appeal / Notice of Motion For Stay of Discovery Pending Appeal. . Document filed by Banco Bilbao Vizcaya Argentaria, S.A.. (Caruso, Kenneth)
April 3, 2015 Opinion or Order Filing 749 DECLARATION of Kenneth A. Caruso in Support re: #748 MOTION to Stay Discovery Pending Appeal / Notice of Motion For Stay of Discovery Pending Appeal.. Document filed by Banco Bilbao Vizcaya Argentaria, S.A.. (Attachments: #1 Exhibit A to Caruso Declaration, #2 Exhibit B to Caruso Declaration, #3 Exhibit C to Caruso Declaration, #4 Exhibit D to Caruso Declaration, #5 Exhibit E to Caruso Declaration, #6 Exhibit F to Caruso Declaration, #7 Exhibit G, Part 1 to Caruso Declaration, #8 Exhibit G, Part 2 to Caruso Declaration, #9 Exhibit G, Part 3 to Caruso Declaration, #10 Exhibit H, Part 1 to Caruso Declaration, #11 Exhibit H, Part 2 to Caruso Declaration, #12 Exhibit I to Caruso Declaration)(Caruso, Kenneth)
April 3, 2015 Opinion or Order Filing 748 MOTION to Stay Discovery Pending Appeal / Notice of Motion For Stay of Discovery Pending Appeal. Document filed by Banco Bilbao Vizcaya Argentaria, S.A..(Caruso, Kenneth)
April 1, 2015 Opinion or Order Filing 747 STIPULATION AND ORDER: 1. The time for BBV A to furnish to Plaintiff's counsel full and complete answers to the information subpoena served on BBVA is extended from April 16, 2015 to and including May 1, 2015. 2. This Stipulation and Order is agreed and made without prejudice to the rights, positions, claims and defenses of the parties to this Stipulation and Order. (Signed by Judge Alvin K. Hellerstein on 4/1/2015) (spo)
April 1, 2015 Opinion or Order Filing 746 SCHEDULING ORDER: On March 31, 2015, Respondents/Garnishees, HSBC Bank USA, N.A., Deutsche Bank Trust Company Americas, Bank of America, N.A., Barclays Bank PLC, Citibank, N.A., JPMorgan Chase Bank, N.A., UBS AG, Wells Fargo Bank, N.A., Standard Chartered Bank, The Bank of New York Mellon, and Banco Bilbao Vizcaya Argentaria, S.A., moved for reconsideration of my Order dated March 17, 2015, to complete turnover of uncontested Phase I accounts (Dkt. No. 739). (Dkt. No. 740.) Any opposing affidavits and answering memoranda to this motion shall be filed by Tuesday, April 7, 2015, at noon. Any reply affidavits and memoranda of law shall be filed by Thursday, April 9, 2015, at noon. A stay need not be considered at this time, since the effective date of turnover pursuant to my prior Order is April 14, 2015. (Signed by Judge Alvin K. Hellerstein on 4/1/2015) (spo)
April 1, 2015 Opinion or Order Filing 745 AFFIDAVIT OF SERVICE of Notice of motion for reconsideration (Dkt. No. 740) and memorandum of law in support of motion (Dkt. Nos. 741, 741-1) on March 31, 2015. Service was accepted by Christy Schaeffer, Managing Clerk. Document filed by HSBC Bank USA, N.A.(Respondent-Garnishee and Stakeholder/Third party Petitioner). (McPhee, Sean)
April 1, 2015 Opinion or Order Filing 744 AFFIDAVIT OF SERVICE of Notice of motion for reconsideration (Dkt. No. 740) and memorandum of law in support of motion (Dkt. Nos. 741, 741-1) on March 31, 2015. Service was accepted by Donald Thoresen, Managing Clerk. Document filed by HSBC Bank USA, N.A.(Respondent-Garnishee and Stakeholder/Third party Petitioner). (McPhee, Sean)
April 1, 2015 Opinion or Order Filing 743 AFFIDAVIT OF SERVICE of Notice of motion for reconsideration (Dkt. No. 740) and memorandum of law in support of motion (Dkt. Nos. 741, 741-1) on March 31, 2015. Service was accepted by Donald K. Flynn, Managing Clerk. Document filed by HSBC Bank USA, N.A.(Respondent-Garnishee and Stakeholder/Third party Petitioner). (McPhee, Sean)
April 1, 2015 Opinion or Order Set/Reset Deadlines as to #740 MOTION for Reconsideration re; #739 Memorandum & Opinion Joint motion for reconsideration of Turnover Order by HSBC Bank USA, N.A., Deutsche Bank Trust Company Americas, Bank of America, N.A., Barclays Bank PLC, Citibank, N.A., JPMor. Responses due by 4/7/2015. Replies due by 4/9/2015. (spo)
March 31, 2015 Opinion or Order Filing 742 JOINT LETTER addressed to Judge Alvin K. Hellerstein from Sean C. McPhee dated March 31, 2015 re: Joint request for extension of turnover deadline in Order dated March 17, 2015 (Dkt. No. 739-1) respectfully submitted in accordance with Individual Rule 1.D. Document filed by HSBC Bank USA, N.A.(Respondent-Garnishee and Stakeholder/Third party Petitioner).(McPhee, Sean)
March 31, 2015 Opinion or Order Filing 741 MEMORANDUM OF LAW in Support re: #740 MOTION for Reconsideration re; #739 Memorandum & Opinion,,,,,,, Joint motion for reconsideration of Turnover Order by HSBC Bank USA, N.A., Deutsche Bank Trust Company Americas, Bank of America, N.A., Barclays Bank PLC, Citibank, N.A., JPMor . Document filed by HSBC Bank USA, N.A.(Respondent-Garnishee and Stakeholder/Third party Petitioner). (Attachments: #1 Appendix to Memorandum of Law in Support of Motion for Reconsideration of Turnover Order)(McPhee, Sean)
March 31, 2015 Opinion or Order Filing 740 MOTION for Reconsideration re; #739 Memorandum & Opinion,,,,,,, Joint motion for reconsideration of Turnover Order by HSBC Bank USA, N.A., Deutsche Bank Trust Company Americas, Bank of America, N.A., Barclays Bank PLC, Citibank, N.A., JPMorgan Chase Bank, N.A., UBS AG, Wells Fargo Bank, N.A., Standard Chartered Bank, The Bank of New York Mellon, and Banco Bilbao Vizcaya Argentaria, S.A.. Document filed by HSBC Bank USA, N.A.(Respondent-Garnishee and Stakeholder/Third party Petitioner).(McPhee, Sean)
March 17, 2015 Opinion or Order Filing 739 Vacated as per Judges Order dated 03/4/2020, Doc. #990 OPINION AND ORDER DENYING MOTION TO RECONSIDER AND GRANTING TURNOVER MOTIONS #105413 re: #694 MOTION for Reconsideration. MOTION for Reargument/ Notice of Motion for Reconsideration or Reargument of Notice of Cross-Motion to Quash Subpoena and for Protective Order #355 CROSS MOTION to Quash Subpoena re #677 ORDER filed by Banco Bilbao Vizcaya Argentaria, S.A., #658 MOTION Motion to Complete Turnover of Phase I Accounts Not in Dispute filed by Alfredo Villoldo, Jeanette Fuller Hausler, Aldo Vera, Jr., #682 MOTION To Complete Turnover of Uncontested Phase I Account at BBVA filed by Aldo Vera, Jr., #667 MOTION to Amend/Correct #658 MOTION Motion to Complete Turnover of Phase I Accounts Not in Dispute filed by Aldo Vera, Jr., #710 CROSS MOTION for Protective Order / Notice of Cross-Motion for Protective Order filed by Banco Bilbao Vizcaya Argentaria, S.A.: For the foregoing reasons, I find that BBVA is subject to this court's jurisdiction, such that the New York branch can be compelled to comply with the Information Subpoena. BBVA's motion for reconsideration (Dkt. No. 694) is DENIED. BBVA shall furnish to Plaintiff's counsel full and complete answers to the information subpoenas served on it for the Republic of Cuba, its agencies, and instrumentalities, within 30 days of this Opinion and Order. The responses shall include information covering BBVA's operations and business in the custody or control of the bank's offices, inside and outside the United States. Plaintiffs' motions for turnover (Dkt Nos. 667, 682) are GRANTED, and BBVA's cross-motion (Dkt. No. 710) is DENIED. The Clerk shall mark the motions (Dkt. Nos. 658, 667, 682, 694, 710) terminated. (Signed by Judge Alvin K. Hellerstein on 3/17/2015) (Attachments: #1 Exhibit 1, #2 Exhibit 2) (tn) Modified on 4/2/2015 (ca). Modified on 3/4/2020 (yv).
February 25, 2015 Opinion or Order Filing 738 VOLUNTARY DISMISSAL WITHOUT PREJUDICE OF THIRD-PARTY PETITION ALLEGING CLAIMS IN THE NATURE OF INTERPLEADER FILED BY JPMORGAN CHASE BANK, N.A., AS WELL AS UNDERLYING RELATED CLAIMS ALLEGED IN PETITIONERS' AMENDED OMNIBUS PETITION FOR TURNOVER: that the Third-Party Petition Alleging Claims in the Nature of Interpleader Filed by JPMorgan Chase Bank, N.A. [Dkt. #559], as well as certain Petitioners' claim for turnover of funds held in Account No. Gxxx82 (the "CATT Account") and Account No. Gxxx75 (the "AT&T Long Lines Account") with JPMorgan Chase Bank, N.A., as set forth in Schedule C to Exhibit 10 or Petitioners' Amended Omnibus Petition for Turnover, (Dkt. #423], as filed on February 12, 2014, are voluntarily dismissed under FED. R. Civ. P. 41 without prejudice and without costs to any party. Petitioners Jeannette Fuller Hausler and William Fuller, as court-appointed representatives of the Estate of Robert Otis Fuller, deceased, on behalf of all beneficiaries of the Estate of Robert Otis Fuller, were not among the Petitioners asserting a claim to the monies in the CATT Account and the AT&T Long Lines Account. AT&T and the Cuban-American Telephone and Telegraph Company continue to assert their claims to the monies in the CATT Account and the AT&T Long Lines Account. Nothing in this pleading is intended or should be construed as prejudicing, disturbing, or otherwise affecting those claims. (Signed by Judge Alvin K. Hellerstein on 2/25/2015) (tn)
February 23, 2015 Opinion or Order ***NOTE TO ATTORNEY TO EMAIL DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney James Kerr to E-MAIL Document No. #737 Stipulation of Voluntary Dismissal to judgments@nysd.uscourts.gov. This document is not filed via ECF. (km)
February 20, 2015 Opinion or Order Filing 737 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) AT&T Corp., Cuban-American Telephone & Telegraph Company, William Fuller, Jeannette Fuller Hausler, Aldo Vera, Jr, Alfredo Villoldo, Gustavo E. Villoldo and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by JPMorgan Chase Bank, N.A.,.(Kerr, James) Modified on 2/23/2015 (km).
February 20, 2015 Opinion or Order Filing 736 LETTER addressed to Judge Alvin K. Hellerstein from Kenneth A. Caruso dated February 20, 2015 re: the letter, dated February 6, 2014, submitted to the Court by Mr. Swift, counsel to Aldo Vera, Jr. #734 LETTER. Document filed by Banco Bilbao Vizcaya Argentaria, S.A.. (Attachments: #1 Attachment 1, #2 Attachment 2)(Caruso, Kenneth)
February 13, 2015 Opinion or Order Filing 735 NOTICE OF CHANGE OF ADDRESS by Christopher James Houpt on behalf of Societe Generale. New Address: Mayer Brown LLP, 1221 Avenue of the Americas, New York, New York, USA 10020, (212) 506- 2500. (Houpt, Christopher)
February 6, 2015 Opinion or Order Filing 734 LETTER addressed to Judge Alvin K. Hellerstein from Robert A. Swift dated 02/06/15 re: Re Pending Motion for Reconsideration (ECF #694). Document filed by Aldo Vera, Jr.. (Attachments: #1 Exhibit)(Swift, Robert)
November 20, 2014 Opinion or Order Filing 733 SEALED DOCUMENT placed in vault.(rz)
November 18, 2014 Opinion or Order Filing 732 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 11/5/2014 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...(McGuirk, Kelly)
November 18, 2014 Opinion or Order Filing 731 TRANSCRIPT of Proceedings re: conference held on 11/5/2014 before Judge Alvin K. Hellerstein. 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 12/12/2014. Redacted Transcript Deadline set for 12/22/2014. Release of Transcript Restriction set for 2/20/2015.(McGuirk, Kelly)
November 13, 2014 Opinion or Order Filing 730 STIPULATION AND ORDER RESOLVING CERTAIN MATTERS AS BETWEEN PLAINTIFF AND NON-PARTY STANDARD CHARTERED BANK: NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED that: 1. The September 10 Order is VACATED as to Standard Chartered. The Clerk shall strike Standard Chartered from document number 677. 2. Standard Chartered's Motion for Reconsideration is WITHDRAWN as moot. The Clerk shall mark document number 699 as terminated. 3. Nothing in this Order shall affect the Turnover Petition, as to which Plaintiff and Standard Chartered reserve all of their rights and defenses. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 11/12/2014) (djc)
November 3, 2014 Opinion or Order Filing 729 NOTICE OF APPEARANCE by Gregory Scott Nieberg on behalf of Deutsche Bank Trust Company Americas. (Nieberg, Gregory)
November 3, 2014 Opinion or Order Filing 728 ENDORSED LETTER addressed to Concerned Parties from Brigitte Jones dated 11/3/2014 re: You are hereby notified that you are required to appear for status conf. on 11/5/2014 at 11:00 a.m. ENDORSEMENT: So Ordered. (Status Conference set for 11/5/2014 at 11:00 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 11/3/2014) (tn)
October 27, 2014 Opinion or Order Filing 727 LETTER addressed to Judge Alvin K. Hellerstein from James L. Kerr dated October 27, 2014 re: Second Circuit Decision in Hausler v. JP Morgan Chase Bank, N.A.. Document filed by Bank of America, N.A., Barclays Bank PLC, Citibank, N.A., Credit Suisse AG, New York Branch, Intesa Sanpaolo S.p.A., JPMorgan Chase Bank, N.A.,, UBS AG, Wells Fargo Bank, N.A..(Kerr, James)
October 24, 2014 Opinion or Order Filing 726 LETTER addressed to Judge Alvin K. Hellerstein from James L. Kerr dated October 24, 2014 re: recent decision issued in the United States Court of Appeals for the Second Circuit. Document filed by Bank of America, N.A., Barclays Bank PLC, Citibank, N.A., Credit Suisse AG, New York Branch, JPMorgan Chase Bank, N.A.,, UBS AG, Wells Fargo Bank, N.A..(Kerr, James)
October 24, 2014 Opinion or Order Filing 725 REPLY AFFIDAVIT of /Reply Declaration of Kenneth A. Caruso in Opposition to #719 and in Support of Cross-Motion for a Protective Order in Support re: #710 CROSS MOTION for Protective Order / Notice of Cross-Motion for Protective Order.. Document filed by Banco Bilbao Vizcaya Argentaria, S.A.. (Attachments: #1 Exhibit C, #2 Exhibit D)(Caruso, Kenneth)
October 24, 2014 Opinion or Order Filing 724 REPLY MEMORANDUM OF LAW in Support re: #710 CROSS MOTION for Protective Order / Notice of Cross-Motion for Protective Order. . Document filed by Banco Bilbao Vizcaya Argentaria, S.A.. (Caruso, Kenneth)
October 22, 2014 Opinion or Order Filing 723 REPLY MEMORANDUM OF LAW in Support re: #699 MOTION for Reconsideration re; #677 Order on Motion to Quash,,,,,,,,, . . Document filed by Standard Chartered Bank. (Nelles, Sharon)
October 22, 2014 Opinion or Order Filing 722 REPLY MEMORANDUM OF LAW in Support re: #694 MOTION for Reconsideration . MOTION for Reargument / Notice of Motion for Reconsideration or Reargument of Notice of Cross-Motion to Quash Subpoena and for Protective Order #355 CROSS MOTION to Quash Subpoena re #677 ORDER. . Document filed by Banco Bilbao Vizcaya Argentaria, S.A.. (Caruso, Kenneth)
October 20, 2014 Opinion or Order Filing 721 REPLY MEMORANDUM OF LAW in Support re: #682 MOTION To Complete Turnover of Uncontested Phase I Account at BBVA ., #710 CROSS MOTION for Protective Order / Notice of Cross-Motion for Protective Order. . Document filed by Aldo Vera, Jr. (Swift, Robert)
October 17, 2014 Opinion or Order Filing 720 LETTER addressed to Judge Alvin K. Hellerstein from Robert A. Swift, Esq. dated 10/17/2014 re: Petitioners' Proposed Order for Turnover of Specified Phase I Account at BBVA. Document filed by Aldo Vera, Jr. (Attachments: #1 Text of Proposed Order)(Swift, Robert)
October 17, 2014 Opinion or Order Filing 719 FILING ERROR - DEFICIENT DOCKET ENTRY - REPLY MEMORANDUM OF LAW in Support re: #682 MOTION To Complete Turnover of Uncontested Phase I Account at BBVA . and in Opposition re: #710 CROSS MOTION for Protective Order. Document filed by Aldo Vera, Jr. (Swift, Robert) Modified on 10/24/2014 (db).
October 16, 2014 Opinion or Order Filing 718 LETTER addressed to Judge Alvin K. Hellerstein from Steven B. Feigenbaum dated 10/16/2014 re: Garnishee Banks' Proposed Order and Judgment for Turnover of Specified Uncontested Phase I Accounts. Document filed by Bank of New York Mellon. (Attachments: #1 Proposed Order and Judgment)(Feigenbaum, Steven)
October 16, 2014 Opinion or Order Filing 717 STIPULATION AND ORDER: The time for Plaintiff to file papers in opposition to the motions for reconsideration or reargument or for certification for immediate appeal, made by Banco Bilbao Vizcaya Argentaria and Standard Chartered Bank (the "Motions"), is hereby extended through and including October 14, 2014. The time for BBVA and Standard Chartered to file reply papers in support of the Motions is hereby extended through and including October 22, 2014. The time for BBVA and Standard Chartered to comply with the Court's Order dated September 10, 2014 (Doc. No. 677) is hereby extended to the date 17 days after the Court decides the Motions, if the Motions are denied. Set Deadlines/Hearing as to #694 MOTION for Reconsideration . MOTION for Reargument / Notice of Motion for Reconsideration or Reargument of Notice of Cross-Motion to Quash Subpoena and for Protective Order #355 CROSS MOTION to Quash Subpoena re #677 ORDER., #699 MOTION for Reconsideration re; #677 Order on Motion to Quash: Responses due by 10/14/2014, Replies due by 10/22/2014. (Signed by Judge Alvin K. Hellerstein on 10/15/2014) (tn)
October 15, 2014 Opinion or Order Filing 716 LETTER addressed to Judge Alvin K. Hellerstein from Robert A. Swift, Esq. dated 10/15/2015 re: Petitioners' (revised) proposed order.. Document filed by Aldo Vera, Jr. (Attachments: #1 Text of Proposed Order)(Swift, Robert)
October 14, 2014 Opinion or Order Filing 715 MEMORANDUM OF LAW in Opposition re: #694 MOTION for Reconsideration . MOTION for Reargument / Notice of Motion for Reconsideration or Reargument of Notice of Cross-Motion to Quash Subpoena and for Protective Order #355 CROSS MOTION to Quash Subpoena re #677 ORDER., #699 MOTION for Reconsideration re; #677 Order on Motion to Quash,,,,,,,,, . . Document filed by Aldo Vera, Jr. (Attachments: #1 Exhibit 1)(Swift, Robert)
October 3, 2014 Opinion or Order Filing 714 REPLY MEMORANDUM OF LAW in Support re: #658 MOTION Motion to Complete Turnover of Phase I Accounts Not in Dispute . . Document filed by Aldo Vera, Jr., as Personal Representative of the Estate of Aldo Vera, Sr.. (Casey, Stephanie)
October 3, 2014 Opinion or Order Filing 713 SEALED DOCUMENT placed in vault.(nm)
October 3, 2014 Opinion or Order Filing 712 DECLARATION of Kenneth A. Caruso in Opposition to Motion to Complete Turnover and in Support re: #710 CROSS MOTION for Protective Order / Notice of Cross-Motion for Protective Order.. Document filed by Banco Bilbao Vizcaya Argentaria, S.A.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Caruso, Kenneth)
October 3, 2014 Opinion or Order Filing 711 MEMORANDUM OF LAW in Support re: #710 CROSS MOTION for Protective Order / Notice of Cross-Motion for Protective Order. / Memorandum of Law in Opposition to Motion to Complete Turnover and in Support of Cross-Motion for a Protective Order. Document filed by Banco Bilbao Vizcaya Argentaria, S.A.. (Caruso, Kenneth)
October 3, 2014 Opinion or Order Filing 710 CROSS MOTION for Protective Order / Notice of Cross-Motion for Protective Order. Document filed by Banco Bilbao Vizcaya Argentaria, S.A..(Caruso, Kenneth)
October 2, 2014 Opinion or Order Filing 709 NOTICE OF APPEAL from #677 Order on Motion to Quash,,,,,,,,,. Document filed by Banco Bilbao Vizcaya Argentaria, S.A.. Filing fee $ 505.00, receipt number 0208-10165317. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Caruso, Kenneth)
October 2, 2014 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #709 Notice of Appeal,. (nd)
October 2, 2014 Opinion or Order Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #709 Notice of Appeal, filed by Banco Bilbao Vizcaya Argentaria, S.A. were transmitted to the U.S. Court of Appeals. (nd)
September 26, 2014 Opinion or Order Filing 708 DECLARATION of James L. Kerr in Opposition re: #667 MOTION to Amend/Correct #658 MOTION Motion to Complete Turnover of Phase I Accounts Not in Dispute . .. Document filed by Bank of America, N.A., Barclays Bank PLC, Citibank, N.A., JPMorgan Chase Bank, N.A.,, UBS AG, Wells Fargo Bank, N.A.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Kerr, James)
September 26, 2014 Opinion or Order Filing 707 DECLARATION of James L. Kerr in Opposition re: #667 MOTION to Amend/Correct #658 MOTION Motion to Complete Turnover of Phase I Accounts Not in Dispute . .. Document filed by Bank of America, N.A., Barclays Bank PLC, Citibank, N.A., JPMorgan Chase Bank, N.A.,, UBS AG, Wells Fargo Bank, N.A.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Kerr, James)
September 26, 2014 Opinion or Order Filing 706 RESPONSE in Opposition to Motion re: #667 MOTION to Amend/Correct #658 MOTION Motion to Complete Turnover of Phase I Accounts Not in Dispute . . . Document filed by Bank of America, N.A., Barclays Bank PLC, Citibank, N.A., JPMorgan Chase Bank, N.A.,, UBS AG, Wells Fargo Bank, N.A.. (Kerr, James)
September 26, 2014 Opinion or Order Filing 705 RESPONSE to Motion re: #667 MOTION to Amend/Correct #658 MOTION Motion to Complete Turnover of Phase I Accounts Not in Dispute . . . Document filed by Bank of New York Mellon. (Feit, Gregory)
September 26, 2014 Opinion or Order Filing 704 RESPONSE to Motion re: #667 MOTION to Amend/Correct #658 MOTION Motion to Complete Turnover of Phase I Accounts Not in Dispute . . Response of HSBC Bank USA, N.A. to Petitioners' Amended Motion to Complete Turnover of Phase I Accounts. Document filed by HSBC Bank USA, N.A.(Respondent-Garnishee and Stakeholder/Third party Petitioner). (Attachments: #1 Exhibit A)(McPhee, Sean)
September 26, 2014 Opinion or Order Filing 703 RESPONSE to Motion re: #667 MOTION to Amend/Correct #658 MOTION Motion to Complete Turnover of Phase I Accounts Not in Dispute . . Response of Deutsche Bank Trust Company Americas to Petitioners' Amended Motion to Complete Turnover of Phase I Accounts Not In Dispute. Document filed by Deutsche Bank Trust Company Americas. (Gimbel, Mark)
September 26, 2014 Opinion or Order Filing 702 DECLARATION of Barry J. Glickman re: #667 MOTION to Amend/Correct #658 MOTION Motion to Complete Turnover of Phase I Accounts Not in Dispute . . . Document filed by Standard Chartered Bank. (Glickman, Barry)
September 25, 2014 Opinion or Order Filing 701 AMENDED RESPONSE re: #423 MOTION Amended Omnibus Petition for Turnover Order re: #298 MOTION Omnibus Petition For Turnover... . Document filed by Banco Bilbao Vizcaya Argentaria, S.A.. (Caruso, Kenneth)
September 24, 2014 Opinion or Order Filing 700 MEMORANDUM OF LAW in Support re: #699 MOTION for Reconsideration re; #677 Order on Motion to Quash,,,,,,,,, . . Document filed by Standard Chartered Bank. (Attachments: #1 Addendum)(Clark, Bruce)
September 24, 2014 Opinion or Order Filing 699 MOTION for Reconsideration re; #677 Order on Motion to Quash,,,,,,,,, . Document filed by Standard Chartered Bank.(Clark, Bruce)
September 24, 2014 Opinion or Order Filing 698 NOTICE OF APPEARANCE by Bradley Paul Smith on behalf of Standard Chartered Bank. (Smith, Bradley)
September 24, 2014 Opinion or Order Filing 697 NOTICE OF APPEARANCE by Sharon L. Nelles on behalf of Standard Chartered Bank. (Nelles, Sharon)
September 24, 2014 Opinion or Order Filing 696 NOTICE OF APPEARANCE by Bruce Edward Clark on behalf of Standard Chartered Bank. (Clark, Bruce)
September 24, 2014 Opinion or Order Filing 695 MEMORANDUM OF LAW in Support re: #694 MOTION for Reconsideration . MOTION for Reargument / Notice of Motion for Reconsideration or Reargument of Notice of Cross-Motion to Quash Subpoena and for Protective Order #355 CROSS MOTION to Quash Subpoena re #677 ORDER. . Document filed by Banco Bilbao Vizcaya Argentaria, S.A.. (Caruso, Kenneth)
September 24, 2014 Opinion or Order Filing 694 MOTION for Reconsideration ., MOTION for Reargument / Notice of Motion for Reconsideration or Reargument of Notice of Cross-Motion to Quash Subpoena and for Protective Order #355 CROSS MOTION to Quash Subpoena re #677 ORDER. Document filed by Banco Bilbao Vizcaya Argentaria, S.A..(Caruso, Kenneth)
September 23, 2014 Opinion or Order Filing 693 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for their respective clients, that Standard Chartered Bank's("SCB") time to serve supplemental answers, if any, to the information subpoena served on SCB be, and hereby is, extended to and including October 24, 2014; And as set forth herein. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 9/23/2014) (ama)
September 23, 2014 Opinion or Order Filing 691 STIPULATION AND ORDER: NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and among the undersigned counsel for the parties, as follows: The return date of petitioners' motion shall be adjourned to and including October 3, 2014. The time for respondents to file any objections to turnover and the proposed order is extended to and including September 26, 2014. SO ORDERED. ( Proposed Pretrial Order due by 9/26/2014., Responses due by 9/26/2014) (Signed by Judge Alvin K. Hellerstein on 9/22/2014) (ama)
September 23, 2014 Opinion or Order CLERK CERTIFICATE OF MAILING UNEXECUTED for AN ENGLISH-LANGUAGE SUMMONS AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; AN ENGLISH-LANGUAGE THIRD-PARTY PETITION ALLEGING CLAIMS IN THE NATURE OF INTERPLEADER FILED BY JPMORGAN CHASE BANK, N.A., AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; A CERTIFICATION OF TRANSLATION AS TO THE SUMMONS AND THIRD-PARTY PETITION; AN ENGLISH-LANGUAGE COPY OF THE AMENDED OMNIBUS PETITION FOR TURNOVER ORDER, AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME mailed to EMPRESA DE TELECOMUNICACIONES INTERNACIONALES DE CUBA ("EMTELCUBA") APARTADO 6466 LA HABANA, CUBA on 5/23/2014 by DHL tracking # 56 0266 0685, as per #690 Clerk Certificate of Mailing. Confirmation that delivery was executed was not received by the Clerk's Office. (jvs)
September 18, 2014 Opinion or Order Filing 689 STIPULATION AND ORDER: NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and among the undersigned counsel for the parties, as follows: The return date of petitioners' motion having been adjourned to and including September 24, 2014, the time of respondents to file any objections to turnover and the proposed order is extended to and including September 17, 2014. (Signed by Judge Alvin K. Hellerstein on 9/18/2014) (mro)
September 18, 2014 Opinion or Order Filing 688 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for their respective clients, that the time of Banco Bilbao Vizcaya Argentaria ("BBVA") to furnish to Plaintiff's counsel full and complete answers to the information subpoena served on BBVA be, and it hereby is, extended from October 10, 2014 through and including October 24, 2014. IT IS FURTHER STIPULATED AND AGREED that this Stipulation and Order is agreed and made without prejudice to the rights, positions, claims and defenses of the parties to this Stipulation and Order. (Signed by Judge Alvin K. Hellerstein on 9/18/2014) (mro)
September 17, 2014 Opinion or Order Filing 687 CERTIFICATE OF SERVICE of Summons and Rider, Notice of Interpleader, Third-Party Interpleader, Amended Omnibus Petition served on MOPED-SLOVAKIA SRO on June 20, 2014. Document filed by Deutsche Bank Trust Company Americas. (Gimbel, Mark)
September 16, 2014 Opinion or Order Filing 686 SEALED DOCUMENT placed in vault.(mps)
September 16, 2014 Opinion or Order Filing 685 CERTIFICATE OF SERVICE of Exhibit 1 and Exhibit 2 to the Declaration of Robert A. Swift, Esq. in Support of Motion to Complete Turnover of Uncontested Phase I Account at Banco Bilbao Vizcaya Argentaria (S.A.) on September 16, 2014. Service was made by Mail. Document filed by Aldo Vera, Jr. (Swift, Robert)
September 16, 2014 Opinion or Order Filing 684 MEMORANDUM OF LAW in Support re: #682 MOTION To Complete Turnover of Uncontested Phase I Account at BBVA . . Document filed by Aldo Vera, Jr. (Swift, Robert)
September 16, 2014 Opinion or Order Filing 683 DECLARATION of Robert A. Swift, Esq. in Support re: #682 MOTION To Complete Turnover of Uncontested Phase I Account at BBVA .. Document filed by Aldo Vera, Jr. (Swift, Robert)
September 16, 2014 Opinion or Order Filing 682 MOTION To Complete Turnover of Uncontested Phase I Account at BBVA . Document filed by Aldo Vera, Jr. (Attachments: #1 Exhibit 1)(Swift, Robert)
September 15, 2014 Opinion or Order CLERK CERTIFICATE OF MAILING RECEIVED for An English-language summons issued by this Court, and a Spanish-language translation of the same; An English language Third-Party Petition Alleging Claims in the Nature of the Interpleader Filed by Citibank, N.A., and a Spanish- language translation of the same; A certification of translation as to the summons and third-party petition; An English-language copy of the Amended Omnibus Petition for Turnover Order, and a Spanish-language translation of the same mailed to CORAL CONTAINER LINES S.A., CALLE OFFICIOS NO. 170, E/AMARGURA Y TTE REY, C/O ASOC DE NAVIERAS DE CUBA, 10100, HABANA VIEJA, CUBA on 9/15/2014 by DHL tracking # 47 1630 1424, as per #679 Clerk Certificate of Mailing, RECEIVED ON: 9/19/2014. (tk)
September 15, 2014 Opinion or Order CLERK CERTIFICATE OF MAILING RECEIVED for An English-language cover letter, and a Spanish- language translation of the same, explaining that these documents are being served on the water company only to the extent it is a successor-in-interest to Acueducto Yateritas, S. A; An english-language summons issued by this court, and a Spanish-language translation of the same; An English- language " Third-Party Petition alleging Claims in the Nature of the Interpleader filed by citibank, N.A., " and a Spanish-language translation of the same; A certification of translation as to the summons and third-party petition; An English-language copy of the Amended Omnibus Petition for the Turnover Order, and a Spanish-language translation of the same mailed to C/O Aguas De La Habana, Calle Formento ESQ. Recreo, Reparto Palatino, Cerro, 10100, Ciudad De La Habana, Cuba on 09/15/2014 by DHL tracking # 22 4121 3881, as per #680 Clerk Certificate of Mailing,,,, RECEIVED ON: 09/22/2014. (jba)
September 15, 2014 Opinion or Order CLERK CERTIFICATE OF MAILING RECEIVED for An English-language Summons and Spanish-language translation of the same; An English- language "Third-Party Petition Alleging Claims in the nature of Interpleader filed by JP Morgan Chase Bank, N.A.," and a Spanish-translation of the same; A certification of translation as to the summons and third-party petition; An English-language copy of the Amended Omnibus Petition for Turnover Order, and a Spanish-language translation of the same mailed to Radio Cuba, Calle Habana No 406, Entre Obispo Y Obrapiamunicipio, La Habana, 10100, Habana Vieja, Cuba on 9/15/2014 by DHL tracking # 40 8656 6282, as per #681 Clerk Certificate of Mailing, RECEIVED ON: 9/22/2014. (tk)
September 15, 2014 Opinion or Order Filing 681 CLERK CERTIFICATE OF MAILING of one copy of the An English- language summons issued by this Court, and a Spanish-language translation of the same;An English-language Third-Party Petition Alleging Claims in the nature of Interpleader filed by JP Morgan Chase Bank, N.A., and a Spanish- language translation of the same; A certification of translation as to the summons and third-party petition; and An English-language copy of the Amended Omnibus Petition for Turnover Order, and a Spanish-language translation of the same. mailed to RADIO CUBA, CALLE HABANA NO 406, ENTRE OBRAPIA MUNICIPIO, LA HABANA, 10100, HABANNA VIEJA, CUBA on 09/15/2014 by DHL tracking # 40 8656 6282, to the head of the agency or instrumentality of the foreign state, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(b)(3)(B). (jba)
September 15, 2014 Opinion or Order Filing 680 CLERK CERTIFICATE OF MAILING of one copy of the An English-language cover letter, and a Spanish-language translation of the same, explaining that these documents are being served on the water company only to the extent it is a successor-in-interest to Acueducto Yateritas, S.A.; An English-language summons issued by this Court, and a Spanish-language translation of the same;An English language Third-Party Petition Alleging Claims in the Nature of the Interpleader Filed by Citibank, N.A., and a Spanish- language translation of the same; A certification of translation as to the summons and third-party petition; An English-language copy of the Amended Omnibus Petition for Turnover Order, and a Spanish-language translation of the same mailed to c/o AGUAS DE LA HABANA, CALLE FORMENTO ESQ. RECREO, REPARTO PALATINO, CERRO, 10100, CIUDAD DE LA HABANA, CUBA on 9/15/2014 by DHL tracking # 22 4121 3881, to the head of the agency or instrumentality of the foreign state, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(b)(3)(B). (tk)
September 15, 2014 Opinion or Order Filing 679 CLERK CERTIFICATE OF MAILING of one copy of the An English-language summons issued by this Court, and a Spanish-language translation of the same; An English language Third-Party Petition Alleging Claims in the Nature of the Interpleader Filed by Citibank, N.A., and a Spanish- language translation of the same; A certification of translation as to the summons and third-party petition; An English-language copy of the Amended Omnibus Petition for Turnover Order, and a Spanish-language translation of the same mailed to CORAL CONTAINER LINES S.A., CALLE OFFICIOS NO. 170, E/AMARGURA Y TTE REY, C/O ASOC DE NAVIERAS DE CUBA, 10100, HABANA VIEJA, CUBA on 9/15/2014 by DHL tracking # 47 1630 1424, to the head of the agency or instrumentality of the foreign state, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(b)(3)(B). (tk)
September 12, 2014 Opinion or Order CLERK CERTIFICATE OF MAILING RECEIVED for An English-language summons issued by this Court, and a Spanish-language translation of the same; An English language Third-Party Petition Alleging Claims in the Nature of the Interpleader Filed by Citibank, N.A., and a Spanish- language translation of the same; A certification of translation as to the summons and third-party petition; An English-language copy of the Amended Omnibus Petition for Turnover Order, and a Spanish-language translation of the same mailed to INSTITUTO NACIONAL DE RECURSS HIDL, HUMBOLDT #106, ESQ. A P, VEDADO, PLAZA DE LA REVOLUCION, HABANA 4, CP, 10400, CIUDAD DE HABANA, CUBA on 9/12/2014 by DHL tracking # 22 4123 0095, as per #678 Clerk Certificate of Mailing, RECEIVED ON: 9/19/2014. (tk)
September 12, 2014 Opinion or Order Filing 678 CLERK CERTIFICATE OF MAILING of one copy of the Instituto Nacional de Recursos Hidl, Humboldt # 106, esq. a P, Vedado, Plaza de la Revolucion, Habana 4, CP10400, Ciudad de Habana, Cuba mailed to An English-language cover letter, and a Spanish-language translation of the same, explaining that these documents are being served on the water company only to the extent it is a successor-in-interest to Acueducto Yateritas, S.A.; An English-language summons issued by this court, and a Spanish-language translation of the same thing; An English language Third-Party Petition Alleging claims in the Nature of the Interpleader filed by Citibank, N.A., and a Spanish- language translation of the same; A certification of translation as to the summons and third-party petition; and An English-language copy of the Amended Omnibus Petition for Turnover Order, and a Spanish-language translation of the same on 09/12/2014 by DHL tracking # 22 4123 0095, to the head of the agency or instrumentality of the foreign state, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(b)(3)(B). (tk)
September 10, 2014 Opinion or Order Filing 677 ORDER GRANTING MOTION TO COMPEL FULL AND COMPLETE ANSWERS TO INFORMATION SUBPOENAS AND DENYING MOTIONS TO QUASH denying #355 Motion to Quash; Vacated as to Standard Chartered as per Judge's Order dated 11/13/2014, document #730 denying #365 Motion to Quash: that Vera's motion to compel is granted and Banco Bilbao's and Standard Chartered's motion to quash are denied. Each Garnishee shall furnish to plaintiff's counsel full and complete answers to the information subpoenas served on each for the Republic of Cuba, its agencies and instrumentalities, within 30 days of the date of this Order. The responses shall include information covering each Garnishee's operations and business in the custody or control of the bank's offices, inside and outside the United States. Garnishees Banco Bilbao and Chartered Bank may become signatories to the Protective Order approved by this Court (Doc. No. 24) and designate qualifying information furnished pursuant to this Order as "Confidential" under the terms of the Protective Order by entering into a stipulation with plaintiffs counsel. The Clerk shall mark the motions (Doc. Nos. 336, 355, & 365) terminated. (Signed by Judge Alvin K. Hellerstein on 9/10/2014) (tn) Modified on 11/13/2014 (djc). Modified on 11/13/2014 (djc). Modified on 9/22/2015 (tn).
September 9, 2014 Opinion or Order Filing 676 ORDER DENYING MOTION TO RECONSIDER denying #672 Motion for Reconsideration; denying #672 Motion for Reargument: Banco Bilbao's motion to reconsider makes no new arguments nor does it point to new or controlling law that necessarily changes the outcome of the order denying its motion to dismiss. The motion to reconsider is denied. The Clerk shall mark the motion (Doc. No. 672) terminated.. (Signed by Judge Alvin K. Hellerstein on 9/9/2014) (tn)
September 5, 2014 Opinion or Order Filing 675 CERTIFICATE OF SERVICE of Summons, Rider to Summons, Notice of Interpleader, Third-Party Interpleader, Amended Omnibus Petition together with Certified Translations served on Unicredit Bank Czech Republic And Slovakia, A.S. on May 16, 2014. Document filed by Deutsche Bank Trust Company Americas. (Gimbel, Mark)
September 5, 2014 Opinion or Order Filing 674 MEMO ENDORSEMENT on re: #668 Letter, filed by Citibank, N.A., Wells Fargo Bank, N.A., Credit Suisse AG, New York Branch, Intesa Sanpaolo S.p.A., UBS AG, Barclays Bank PLC, Bank of America, N.A., JPMorgan Chase Bank, N.A. ENDORSEMENT: So ordered. Attorney Daniel Taylor Young terminated. (Signed by Judge Alvin K. Hellerstein on 9/5/2014) (ajs)
September 5, 2014 Opinion or Order Filing 673 MEMORANDUM OF LAW in Support re: #672 MOTION for Reconsideration . MOTION for Reargument / Notice of Motion for Reconsideration or Reargument of Motion to Dismiss Petition #349 MOTION to Dismiss. . Document filed by Banco Bilbao Vizcaya Argentaria, S.A.. (Caruso, Kenneth)
September 5, 2014 Opinion or Order Filing 672 MOTION for Reconsideration ., MOTION for Reargument / Notice of Motion for Reconsideration or Reargument of Motion to Dismiss Petition #349 MOTION to Dismiss. Document filed by Banco Bilbao Vizcaya Argentaria, S.A..(Caruso, Kenneth)
September 5, 2014 Opinion or Order Filing 671 SUPPLEMENTAL MEMORANDUM OF LAW re: #355 CROSS MOTION to Quash Subpoena / Notice of Cross-Motion to Quash Subpoena and for Protective Order., #336 MOTION to Compel Garnishees Banco Bilbao Vizcaya Argentaria (S.A. and Standard Chartered Bank to Produce Full And Complete Answers To Information Subpoenas.. / Supplemental Memorandum of Law in Opposition to Plaintiff's Motion to Compel and in Support of BBVA's Cross-Motion to Quash Subpoena and for Protective Order. Document filed by Banco Bilbao Vizcaya Argentaria, S.A.. (Caruso, Kenneth)
September 4, 2014 Opinion or Order Filing 670 RESPONSE re: #423 MOTION Amended Omnibus Petition for Turnover Order re: #298 MOTION Omnibus Petition For Turnover... . Document filed by Banco Bilbao Vizcaya Argentaria, S.A.. (Caruso, Kenneth)
September 3, 2014 Opinion or Order Filing 669 ORDER FOR ADMISSION PRO HAC VICE granting #293 Application for the Court to Request Counsel. (Signed by Judge Alvin K. Hellerstein on 9/3/2014) (tn)
August 28, 2014 Opinion or Order Filing 668 LETTER addressed to Judge Alvin K. Hellerstein from Karen E. Wagner dated August 28, 2014 re: respectfully request that the Court instruct the docket clerk to remove Daniel Taylor Young's registration as counsel of record. Document filed by Bank of America, N.A., Barclays Bank PLC, Citibank, N.A., Credit Suisse AG, New York Branch, Intesa Sanpaolo S.p.A., JPMorgan Chase Bank, N.A.,, UBS AG, Wells Fargo Bank, N.A..(Wagner, Karen)
August 28, 2014 Opinion or Order CLERK CERTIFICATE OF MAILING RECEIVED for SUMMONS, THIRD-PARTY PETITION ALLEGING CLAIMS IN THE NATURE OF INTERPLEADER FILED BY CREDIT SUISSE AG, SPANISH LANGUAGE FOR EACH DOCUMENT, CERTIFICATION OF TRANSLATION AS TO THE SUMMONS AND THIRD-PARTY PETITION, ENGLISH LANGUAGE AMENDED OMNIBUS PETITION FOR TURNOVER ORDER mailed to PRESIDENTE DE ACINOX AVENIDA DE INDEPENDENCIA (RANCHO BOYEROS) KILOMETRO 8 1/2 NO. 20,532 REPARTO RIO CRISTAL, MUNCIPIO BOYEROS, CIUDAD DE LA HABANA CUBA ATTENTION: ALEXIS ALVAREZ, PRESIDENTE DE ACINOX on 7/31/2014 by DHL tracking # 90 8834 8743, as per #643 Clerk Certificate of Mailing, RECEIVED ON: 8/7/2014. (jvs)
August 22, 2014 Opinion or Order Filing 667 MOTION to Amend/Correct #658 MOTION Motion to Complete Turnover of Phase I Accounts Not in Dispute . . Document filed by Aldo Vera, Jr.. (Attachments: #1 Exhibit 1)(Swift, Robert)
August 22, 2014 Opinion or Order Filing 666 ORDER AND OPINION DENYING MOTION TO DISMISS BY BANCO BILBAO VIZCAYA ARGENTARIA (S.A.) #104649 re: #349 MOTION to Dismiss /Notice of Motion to Dismiss Petition filed by Banco Bilbao Vizcaya Argentaria, S.A. This court has subject matter jurisdiction over the turnover proceedings brought by plaintiff. The Terrorism Risk Insurance Act, 28 U.S.C. 1610 ("TRIA") clearly authorizes the levies of execution by the plaintiffs on blocked funds owned or controlled by Cuba. Banco Bilbao's motion to dismiss these proceedings for lack of subject matter jurisdiction is without merit. The Florida Circuit Court properly found that it had subject matter jurisdiction over Cuba, pursuant to 28 U.S.C. 1605(a)(7). The judgments granted to the plaintiffs by that court were each supported by appropriate findings of fact and conclusions of law based on full and fair evidentiary hearings. The judgments are each entitled to full faith and credit. The Clerk shall mark the motion (Doc. No. 349) terminated. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 8/22/2014) (ajs) Modified on 8/28/2014 (ca).
August 19, 2014 Opinion or Order Filing 664 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE: Pursuant to Rule 41(a)(1)(A)(i) and 41(c)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed against the defendant(s) Credit Agricole Corporate & Investment Bank, Paris, Credit Agricole Corporate and Investment Bank, LCL, S.A. SO ORDERED. (See Order). (Signed by Judge Alvin K. Hellerstein on 8/15/2104) (ajs)
August 19, 2014 Opinion or Order Filing 663 LETTER addressed to Judge Alvin K. Hellerstein from Kenneth A. Caruso dated 8/15/2014 re: Opposition to motion for turnover. (ajs)
August 18, 2014 Opinion or Order Filing 665 SEALED DOCUMENT placed in vault.(nm)
August 18, 2014 Opinion or Order Filing 662 LETTER addressed to Judge Alvin K. Hellerstein from Robert A. Swift, Esq. dated 08/18/2014 re: Amended Notice of Motion. Document filed by Aldo Vera, Jr.(Swift, Robert)
August 15, 2014 Opinion or Order Filing 661 AFFIDAVIT OF SERVICE of Notice Documents. Service was made by DHL. Document filed by Acueducto Yateritas, S.A., and its successor-in-interest, if any, Bank of America, N.A., Barclays Bank PLC, Citibank, N.A., JPMorgan Chase Bank, N.A.,, UBS AG, Wells Fargo Bank, N.A.. (Attachments: #1 Exhibit 1A, #2 Exhibit 1B, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11A, #13 Exhibit 11B, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19, #22 Exhibit 20, #23 Exhibit 21, #24 Exhibit 22, #25 Exhibit 23, #26 Exhibit 24, #27 Exhibit 25, #28 Exhibit 26, #29 Exhibit 27, #30 Exhibit 28, #31 Exhibit 29, #32 Exhibit 30, #33 Exhibit 31, #34 Exhibit 32, #35 Exhibit 33A, #36 Exhibit 33B, #37 Exhibit 34, #38 Exhibit 35, #39 Exhibit 36, #40 Exhibit 37, #41 Exhibit 38, #42 Exhibit 39, #43 Exhibit 40, #44 Exhibit 41, #45 Exhibit 42, #46 Exhibit 43A, #47 Exhibit 43B, #48 Exhibit 44, #49 Exhibit 45, #50 Exhibit 46, #51 Exhibit 47, #52 Exhibit 48, #53 Exhibit 49A, #54 Exhibit 49B, #55 Exhibit 50, #56 Exhibit 51, #57 Exhibit 52, #58 Exhibit 53, #59 Exhibit 54, #60 Exhibit 55, #61 Exhibit 56, #62 Exhibit 57, #63 Exhibit 58, #64 Exhibit 59, #65 Exhibit 60, #66 Exhibit 61, #67 Exhibit 62, #68 Exhibit 63, #69 Exhibit 64, #70 Exhibit 65, #71 Exhibit 66, #72 Exhibit 67, #73 Exhibit 68, #74 Exhibit 69, #75 Exhibit 70, #76 Exhibit 71, #77 Exhibit 72, #78 Exhibit 73, #79 Exhibit 74, #80 Exhibit 75, #81 Exhibit 76, #82 Exhibit 77, #83 Exhibit 78, #84 Exhibit 79, #85 Exhibit 80, #86 Exhibit 81, #87 Exhibit 82, #88 Exhibit 83, #89 Exhibit 84, #90 Exhibit 85, #91 Exhibit 86, #92 Exhibit 87, #93 Exhibit 88, #94 Exhibit 89, #95 Exhibit 90, #96 Exhibit 91, #97 Exhibit 92, #98 Exhibit 93, #99 Exhibit 94, #100 Exhibit 95, #101 Exhibit 96, #102 Exhibit 97, #103 Exhibit 98, #104 Exhibit 99, #105 Exhibit 100)(Cagney, Craig)
August 15, 2014 Opinion or Order Filing 660 DECLARATION of Robert A. Swift, Esq. in Support re: #658 MOTION Motion to Complete Turnover of Phase I Accounts Not in Dispute .. Document filed by Jeanette Fuller Hausler, Aldo Vera, Jr, Gustavo Villoldo(and as Administrator, Executor, and Personal Representative of the Estate of Gustavo Villoldo Argilagos). (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, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42)(Swift, Robert)
August 15, 2014 Opinion or Order Filing 659 MEMORANDUM OF LAW in Support re: #658 MOTION Motion to Complete Turnover of Phase I Accounts Not in Dispute . . Document filed by Jeanette Fuller Hausler, Aldo Vera, Jr, Alfredo Villoldo. (Swift, Robert)
August 15, 2014 Opinion or Order Filing 658 MOTION Motion to Complete Turnover of Phase I Accounts Not in Dispute . Document filed by Jeanette Fuller Hausler, Aldo Vera, Jr, Alfredo Villoldo. (Attachments: #1 Exhibit 1)(Swift, Robert)
August 15, 2014 Opinion or Order ***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney James Kerr Document #657 Notice of Voluntary Dismissal, was referred to Judge Alvin K. Hellerstein for approval. (jno)
August 14, 2014 Opinion or Order Filing 657 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, WITH prejudice against the defendant(s) Credit Agricole Corporate and Investment Bank. Document filed by JPMorgan Chase Bank, N.A.,. (Kerr, James) Modified on 8/15/2014 (jno).
August 11, 2014 Opinion or Order Filing 656 ANSWER to #559 Third Party Complaint,,,. Document filed by Cuban-American Telephone & Telegraph Company.(Theiss, Paul)
August 11, 2014 Opinion or Order Filing 655 CERTIFICATE OF SERVICE of Notice Documents served on Potential Third-Party Claimants on April 4, 2014. Service was made by Mail. Document filed by Bank of New York Mellon. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Feit, Gregory)
August 8, 2014 Opinion or Order Filing 654 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent AT&T, Inc. for AT&T Corp.. Document filed by AT&T Corp..(Theiss, Paul)
August 8, 2014 Opinion or Order Filing 653 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by AT&T Corp..(Theiss, Paul) Modified on 8/11/2014 (lb).
August 8, 2014 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Paul Fava Theiss to RE-FILE Document #651 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Corporate Parents were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). YOU MUST SELECT THE SEARCH BUTTON. Select the correct name or create a new corporate parent. Add the Corporate Parent(s) or Affiliate(s) one party name at a time. (lb)
August 7, 2014 Opinion or Order Filing 652 ANSWER to #559 Third Party Complaint,,,. Document filed by AT&T Corp..(Theiss, Paul)
August 7, 2014 Opinion or Order Filing 651 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by AT&T Corp..(Theiss, Paul) Modified on 8/8/2014 (lb).
August 7, 2014 Opinion or Order Filing 650 ANSWER to #559 Third Party Complaint,,,. Document filed by AT&T Inc..(Theiss, Paul)
August 5, 2014 Opinion or Order Filing 649 STIPULATION AND ORDER: It is hereby stipulated and agreed, by and between the undersigned counsel, that: The Third-Party petition may be, and hereby is, amended as set forth within. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 8/5/2014) (ajs)
August 5, 2014 Opinion or Order Filing 648 STIPULATION EXTENDING TIME FOR THIRD-PARTY DEFENDANT BANCO DE SABADELL, S.A. TO FILE RESPONSE TO THIRD-PARTY PETITION ALLEGING CLAIMS IN THE NATURE OF INTERPLEADER: It is hereby stipulated and agreed by and between the undersigned counsel that the time for Banco de Sabadell, S.A., to respond to the Third-Party Petition Alleging Claims in the Nature of Interpleader, as filed by JPMorgan Chase Bank, N.A. on April 10, 2014, is hereby extended through and including August 15, 2014. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 8/5/2014) (ajs)
July 31, 2014 Opinion or Order Filing 647 ANSWER to #559 Third Party Complaint,,,. Document filed by Cuban-American Telephone & Telegraph Company.(Theiss, Paul)
July 31, 2014 Opinion or Order Filing 646 ANSWER to #559 Third Party Complaint,,,. Document filed by AT&T Inc..(Theiss, Paul)
July 31, 2014 Opinion or Order Filing 645 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent AT&T Communications Services International Inc., Corporate Parent AT&T CORP. for Cuban-American Telephone & Telegraph Company. Document filed by Cuban-American Telephone & Telegraph Company.(Theiss, Paul)
July 31, 2014 Opinion or Order Filing 644 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by AT&T Inc..(Theiss, Paul)
July 31, 2014 Opinion or Order Filing 643 CLERK CERTIFICATE OF MAILING of one copy of the SUMMONS, THIRD-PARTY PETITION ALLEGING CLAIMS IN THE NATURE OF INTERPLEADER FILED BY CREDIT SUISSE AG, SPANISH LANGUAGE FOR EACH DOCUMENT, CERTIFICATION OF TRANSLATION AS TO THE SUMMONS AND THIRD-PARTY PETITION, ENGLISH LANGUAGE AMENDED OMNIBUS PETITION FOR TURNOVER ORDER mailed to PRESIDENTE DE ACINOX AVENIDA DE INDEPENDENCIA (RANCHO BOYEROS) KILOMETRO 8 1/2 NO. 20,532 REPARTO RIO CRISTAL, MUNCIPIO BOYEROS, CIUDAD DE LA HABANA CUBA ATTENTION: ALEXIS ALVAREZ, PRESIDENTE DE ACINOX on 7/31/2014 by DHL tracking # 90 8834 8743, to the head of the agency or instrumentality of the foreign state, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(b)(3)(B). (jvs)
July 30, 2014 Opinion or Order Filing 642 NOTICE of Responses and Objections to Turnover of Accounts Maintained with Respondents/Garnishees Citibank N.A., UBS AG, and Wells Fargo Bank, N.A. Received in Response to Notice Documents re: #368 Order,,,, #457 Order,,,,,,. Document filed by Bank of America, N.A., Barclays Bank PLC, Citibank, N.A., JPMorgan Chase Bank, N.A.,, UBS AG, Wells Fargo Bank, N.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Kerr, James)
July 30, 2014 Opinion or Order Filing 641 ORDER FOR ADMISSION PRO HAC VICE granting #614 Motion for Paul Fava Theiss to Appear Pro Hac Vice. (Signed by Judge Alvin K. Hellerstein on 7/29/2014) (ajs)
July 30, 2014 Opinion or Order Filing 640 NOTICE OF APPEARANCE by Craig Thomas Cagney on behalf of Bank of America, N.A., Barclays Bank PLC, Citibank, N.A., Credit Suisse AG, New York Branch, Intesa Sanpaolo S.p.A., JPMorgan Chase Bank, N.A.,, UBS AG, Wells Fargo Bank, N.A.. (Cagney, Craig)
July 29, 2014 Opinion or Order Filing 639 STIPULATION: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel that the time of Credit Agricole Corporate and Investment Bank, Paris ("CA-CIB. Paris.') and Credit Lyonnais, S.A. to answer or move with respect to the Third-Party Petition Alleging Claims in the Nature of Interpleader, as filed by JPMorgan Chase Bank, N.A. on April 10, 2014, is hereby extended to and including August 13, 2014. No prior request for an adjournment has been made. Further, the undersigned counsel agree that the time of Credit Agricole Corporate and Investment Bank, New York ("CA-CIB, New York") to answer or move with respect to the Third Party Petition Alleging Claims in the Nature of Interpleader, as filed by JPMorgan Chase Bank, N.A. on April 10, 2014, is hereby extended to match the time of CA-CIB, Paris and Credit Lyonnais, S.A. to and including August 13, 2014. Two prior requests for an adjournment have been made. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 7/18/2014) (ajs)
July 25, 2014 Opinion or Order Filing 638 CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY: The substitution of attorney is hereby approved and so ORDERED. Attorney Amy Patricia Dieterich terminated. (Signed by Judge Alvin K. Hellerstein on 7/25/2014) (tn)
July 25, 2014 Opinion or Order Filing 637 NOTICE OF APPEARANCE by Kathleen E. Gardner on behalf of Brown Brothers Harriman & CO.. (Gardner, Kathleen)
July 18, 2014 Opinion or Order Filing 636 LETTER addressed to Judge Alvin K. Hellerstein from Kenneth A. Caruso dated July 18, 2014 Document filed by BBVA Bancomer, S.A., Banco Bilbao Vizcaya Argentaria, S.A., BBVA Colombia S.A..(Caruso, Kenneth)
July 18, 2014 Opinion or Order Filing 635 ANSWER to #516 Third Party Complaint,,. Document filed by BBVA Bancomer, S.A..(Caruso, Kenneth)
July 18, 2014 Opinion or Order Filing 634 ANSWER to #473 Third Party Complaint,,. Document filed by Banco Bilbao Vizcaya Argentaria, S.A..(Caruso, Kenneth)
July 18, 2014 Opinion or Order Filing 633 RESPONSE to #451 Petition (Other). Document filed by Banco Bilbao Vizcaya Argentaria, S.A..(Caruso, Kenneth)
July 17, 2014 Opinion or Order Filing 632 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Credit Agricole S.A. for Credit Agricole Corporate & Investment Bank, Paris, Credit Lyonnais S.A. n/k/a LCL-LE Credit Lyonnais S.A.. Document filed by Credit Agricole Corporate & Investment Bank, Paris, Credit Lyonnais S.A. n/k/a LCL-LE Credit Lyonnais S.A..(Boccuzzi, Carmine)
July 17, 2014 Opinion or Order Filing 631 NOTICE OF APPEARANCE by Carmine D. Boccuzzi, Jr on behalf of Credit Agricole Corporate & Investment Bank, Paris, Credit Lyonnais S.A. n/k/a LCL-LE Credit Lyonnais S.A.. (Boccuzzi, Carmine)
July 7, 2014 Opinion or Order Filing 630 STIPULATION AND ORDER: It is hereby stipulated and agreed, by and between the undersigned counsel for the parties, that the time to submit written objections to turnover of the proceeds of the below wire transfer is hereby extended to and including July 16, 2014 for the following parties as set forth within. So-Ordered. (Signed by Judge Alvin K. Hellerstein on 7/7/2014) (ajs)
July 7, 2014 Opinion or Order Filing 629 NOTICE of of Response to Notice Documents re: #457 Order,,,,,,. Document filed by Standard Chartered Bank. (Attachments: #1 Exhibit A)(Goodman, Bruce)
July 1, 2014 Opinion or Order Filing 627 STIPULATION EXTENDING TIME FOR THIRD-PARTY DEFENDANT BANCO DE SABADELL, S.A. TO FILE RESPONSE TO THIRD-PARTY PETITION ALLEGING CLAIMS IN THE NATURE OF INTERPLEADER: It is hereby stipulated and agreed by and between the undersigned counsel that the time for Banco de Sabadell, S.A., to respond to the Third-Party Petition Alleging Claims in the Nature of Interpleader, as filed by JP Morgan Chase Bank, N.A. on April 10, 2014 is hereby extend through and including July 31, 2014. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 7/1/2014) (ajs)
June 26, 2014 Opinion or Order Filing 626 ORDER: ORDERED, that Garnishee-Respondents' application for an Order authorizing the issuance of a Request for Service Abroad is granted; and it is further ORDERED, that the Clerk of the Court for the United States District Court for the Southern District of New York shall execute and to affix the seal of the Court to any and all documents necessary and proper to the issuance of said Request for Service Abroad, and in particular to affix the signature and seal of the Clerk of the Court to pages 2 and 5 of the originals of annexed form USM-272 (Exhibit A and Exhibit C) and translated USM-272 (Exhibit Band Exhibit D) as presented to the Clerk of the Court by counsel for the Garnishee-Respondent upon the filing of this order. (Signed by Judge Alvin K. Hellerstein on 6/25/2014) (ajs)
June 26, 2014 Opinion or Order Transmission to Docket Assistant Clerk. Transmitted re: #626 Order,,,, to the Docket Assistant Clerk for case processing. (ajs)
June 24, 2014 Opinion or Order Filing 625 STIPULATION: It is hereby stipulated and agreed by and between the undersigned counsel that the time of AT&T Inc. and Cuban-American Telephone & Telegraph Company to answer or move with respect to the Third-Party Petition Alleging Claims in the Nature of Interpleader, as filed by JPMorgan Chase Bank, N.A. on May 6, 2014, is hereby extended to and including July 31, 2014. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 6/24/2014) (ajs)
June 20, 2014 Opinion or Order Filing 624 NOTICE of Response to Notice Documents re: #457 Order,,,,,,. Document filed by HSBC Bank USA, N.A.(Respondent-Garnishee and Stakeholder/Third-Party Petitioner). (Attachments: #1 Exhibit A)(McPhee, Sean)
June 19, 2014 Opinion or Order Filing 623 LETTER addressed to Judge Alvin K. Hellerstein from Dwight A. Healy dated June 19, 2014 re: Objections to the Petition. Document filed by Banco Santander, S.A..(Healy, Dwight)
June 18, 2014 Opinion or Order Filing 622 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for the parties that the time of Banco Bilbao Vizcaya Argentaria, S.A.; BBVA Bancomer, S.A. (f/k/a Banca Promex SA); and BBVA Colombia S.A. f/k/a Banco Ganadero) to answer, move with respect to, and/or submit written objections to, the Notice Documents received from Bank of America, N.A., and Citibank N.A. is hereby extended to and including July 18, 2014. No prior request for an adjournment has been made, and the parties agree that no further extensions will be requested or permitted. The parties agree that this extension does not affect the notice deadline for the remaining parties to the wire transfers involving BBVA. (Signed by Judge Alvin K. Hellerstein on 6/18/2014) (ajs)
June 17, 2014 Opinion or Order Filing 621 STIPULATION: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counselthat the time of Credit Agricole Corporate and Investment Bank - New York Branch to answeror move with respect to the Third-Party Petition Alleging Claims in the Nature of Interpleader, asfiled by JPMorgan Chase Bank, N.A. on April 10, 2014, is hereby extended to and including July16, 2014. One prior request for an adjournment has been granted (Dkt. No. 604). SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 6/17/2014) (ajs)
June 16, 2014 Opinion or Order Filing 620 STIPULATION: It is hereby stipulated and agreed by and between the undersigned counsel that the time of Credit Agricole Corporate and Investment Bank - New York Branch to answer or move with respect to the Third-Party Petition Alleging Claims in the Nature of Interpleader, as filed by JPMorgan Chase Bank, N.A. on April 10, 2014, is hereby extended to and including July 16, 2014. One prior request for an adjournment has been granted (Dkt. No. 604). SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 6/16/2014) (ajs)
June 16, 2014 Opinion or Order Filing 619 STIPULATION AND ORDER: It is hereby stipulated and agreed, by and between the undersigned counsel for the parties that the time of BBVA Bancomer S.A. to answer or move with respect to the Third-Party Petition of Respondent The Bank of New York Mellon for Interpleader and Other Relief, as filed by The Bank of New York Mellon on April 18, 2014, is hereby extended to and including July 18, 2014. No prior request for an adjournment has been made. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 6/16/2014) (ajs)
June 16, 2014 Opinion or Order Filing 618 STIPULATION AND ORDER: It is hereby stipulated and agreed, by and between the undersigned counsel for the parties that the time of Banco Bilbao Vizcaya Argentaria, S.A. to answer or move with respect to the Third-Party Petition Alleging Claims in the Nature of Interpleader, as filed by HSBC Bank USA, N.A. on March 12, 2014, is hereby extended to and including July 18, 2014. This second extension is requested on the ground that the relevant employee at BBVA has been hospitalized. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 6/16/2014) (ajs)
June 16, 2014 Opinion or Order Filing 617 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for the parties that the time of Banco Bilbao Vizcaya Argentaria, S.A. ("BBVA") to answer or move with respect to the Third-Party Petition Alleging Claims in the Nature of Interpleader Filed by Bank of America. N.A. on April 10, 2014 is hereby extended to and including July 18. 2014. No prior request for an adjournment has been made. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 6/16/2014) (ajs)
June 5, 2014 Opinion or Order ***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney James Kerr Document #616 Notice of Voluntary Dismissal #615 Notice of Voluntary Dismissal was referred to Judge Alvin K. Hellerstein for approval. (km)
June 4, 2014 Opinion or Order Filing 616 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Commerzbank AG. Document filed by Wells Fargo Bank, N.A.. (Kerr, James) Modified on 6/5/2014 (km).
June 4, 2014 Opinion or Order Filing 615 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Commerzbank AG. Document filed by Credit Suisse AG, New York Branch. (Kerr, James) Modified on 6/5/2014 (km).
June 4, 2014 Opinion or Order Filing 614 MOTION for Paul Fava Theiss to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9741676. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by AT&T Inc., Cuban-American Telephone & Telegraph Company. (Attachments: #1 Supplement Certificate of Good Standing, #2 Text of Proposed Order Order for Admission Pro Hac Vice)(Theiss, Paul)
June 4, 2014 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #614 MOTION for Paul Fava Theiss to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9741676. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
May 30, 2014 Opinion or Order Filing 608 RESPONSE re: #561 Third Party Complaint,,,, . Document filed by Jeanette Fuller Hausler, Aldo Vera, Jr, Alfredo Villoldo. (Glen, Jeffrey)
May 30, 2014 Opinion or Order Filing 607 RESPONSE re: #563 Third Party Complaint,,,,,,,,, . Document filed by Jeanette Fuller Hausler, Aldo Vera, Jr, Alfredo Villoldo. (Glen, Jeffrey)
May 30, 2014 Opinion or Order Filing 606 RESPONSE re: #559 Third Party Complaint,,, . Document filed by Jeanette Fuller Hausler, Aldo Vera, Jr, Alfredo Villoldo. (Glen, Jeffrey)
May 30, 2014 Opinion or Order Filing 605 ANSWER to #559 Third Party Complaint,,,. Document filed by Jeannette Fuller Hausler, as court-appointed co-representatives of the Estate of Robert Otis Fuller, deceased, on behalf of all beneficiaries of the Estate and the Estate of Robert Otis Fuller, William Fuller as court-appointed co-representatives of the Estate of Robert Otis Fuller, deceased, on behalf of all beneficiaries of the Estate and the Estate of Robert Otis Fuller.(Perkins, James)
May 30, 2014 Opinion or Order Filing 604 STIPULATION: It is hereby stipulated and agreed by and between the undersigned counsel that the time of Credit Agricole Corporate and Investment Bank - New York Branch to answer or move with respect to the Third-Party Petition Alleging Claims in the Nature of Interpleader, as filed by JPMorgan Chase Bank, N.A. on April 10, 2014, is hereby extended to and including June 16, 2014. So Ordered. (Signed by Judge Alvin K. Hellerstein on 5/29/2014) (ajs)
May 29, 2014 Opinion or Order CLERK CERTIFICATE OF MAILING UNEXECUTED for AN ENGLISH-LANGUAGE SUMMONS AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; AN ENGLISH-LANGUAGE "THIRD-PARTY PETITION CLAIMS IN THE NATURE OF INTERPLEADER FILED BY JPMORGAN CHASE BANK, N.A.," AND A SPANISH-LANGUAGETRANSLATION OF THE SAME; A CERTIFICATION OF TRANSLATION AS TO THE SUMMONS AND THIRD-PARTY PETITION; AN ENGLISH-LANGUAGE COPY OF THE AMENDED OMNIBUS PETITION FOR TURNOVER ORDER, AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME mailed to EMPRESA DE TELECOMUNICACIONES INTERNACIONALES DE CUBA ("EMTELCUBA"), ZANJA 855 6TO PISO ESQ., SAN FRANCISCO, HABANA, CUBA on 5/29/2014 by DHL tracking # 56 0265 0863, as per #610 Clerk Certificate of Mailing. Confirmation that delivery was executed was not received by the Clerk's Office. (Kaliakina, Tatiana)
May 29, 2014 Opinion or Order CLERK CERTIFICATE OF MAILING UNEXECUTED for AN ENGLISH-LANGUAGE SUMMONS AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; AN ENGLISH-LANGUAGE "THIRD-PARTY PETITION ALLEGING CLAIMS IN THE NATURE OF INTERPLEADER FILED BY JPMORGAN CHASE BANK, N.A." AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; A CERTIFICATION OF TRANSLATION AS TO THE SUMMONS AND THIRD-PARTY PETITION; AN ENGLISH-LANGUAGE COPY OF THE AMENDED OMNIBUS PETITION FOR TURNOVER ORDER, AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME mailed to EMPRESA DE RADIOCOMUNICACION Y DIFUSION DE CUBA ("RADIOCUBA"), AVENIDA INDEPENCIA E/ 19 DE MAYO Y ARANGUREN, 2 DO PISO, PLAZA DE LA REVOLUCION, HAVANA, CUBA, ARTICLE #R766985431 on 5/29/2014 by DHL tracking # 56 0267 0824, as per #613 Clerk Certificate of Mailing. Confirmation that delivery was executed was not received by the Clerk's Office. (Kaliakina, Tatiana)
May 29, 2014 Opinion or Order CLERK CERTIFICATE OF MAILING RECEIVED for An English-language summons and a Spanish-language translation of the same; An English-language Third-Party Petition Alleging Claims in the Nature of Interpleader filed by JPMorgan Chase Bank, N.A., and a Spanish-language translation of the same; A certification of translation as to the summons and third-party petition; An English-language copy of the Amended Omnibus Petition for Turnover Order, and a Spanish-language translation of the same; mailed to EMPRESA DE TELECOMUNICACIONES DE CUBA SA ("ETECSA"), EGIDO NO. 610 ENTRE GLORIA Y APODACA, HABANA VIEJA, CIUDAD DE LA HABANA, CUBA, HAVANA, CUBA on 5/29/2014 by DHL tracking # 56 0268 3833, as per #611 Clerk Certificate of Mailing, RECEIVED ON: 6/18/14. (Kaliakina, Tatiana)
May 29, 2014 Opinion or Order CLERK CERTIFICATE OF MAILING RECEIVED for An English-language summons, and a Spanish-language translation of the same; An English-language Third-Party Petition Alleging Claims in the Nature of Interpleader filed by JPMorgan Chase Bank, N.A., and a Spanish-language translation of the same; A certification of translation as to the summons and third-party petition; An English-language copy of the Amended Omnibus Petition for Turnover Order, and a Spanish-language translation of the same mailed to BANCO NACIONAL DE CUBA, AGUIAR 456 E/ AMARGURA Y LAMPARILLA, MUNICIPIO HABANA VIEJA, LA HABANA, CUBA on 5/29/2014 by DHL tracking # 56 0269 2421, as per #612 Clerk Certificate of Mailing, RECEIVED ON: 6/18/2014. (Kaliakina, Tatiana)
May 29, 2014 Opinion or Order Filing 613 CLERK CERTIFICATE OF MAILING of one copy of the AN ENGLISH-LANGUAGE SUMMONS AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; AN ENGLISH-LANGUAGE THIRD-PARTY PETITION ALLEGING CLAIMS IN THE NATURE OF INTERPLEADER FILED BY JPMORGAN CHASE BANK, N.A., AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; A CERTIFICATION OF TRANSLATION AS TO THE SUMMONS AND THIRD-PARTY PETITION; AN ENGLISH-LANGUAGE COPY OF THE AMENDED OMNIBUS PETITION FOR TURNOVER ORDER, AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; mailed to EMPRESA DE RADIOCOMINICACION Y DEFUSION DE CUBA ("RADIOCUBA"), AVENIDA INDEPENCIA E/ 19 DE MAYO Y ARANGUREN, 2 DO PISO, PLAZA DE LA REVOLUCION, HAVANA, CUBA, ARTICLE # R766985431 on 5/29/2014 by DHL tracking # 56 0267 0824, to the head of the agency or instrumentality of the foreign state, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(b)(3)(B). (Kaliakina, Tatiana)
May 29, 2014 Opinion or Order Filing 612 CLERK CERTIFICATE OF MAILING of one copy of the AN ENGLISH-LANGUAGE SUMMONS AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; AN ENGLISH-LANGUAGE THIRD-PARTY PETITION ALLEGING CLAIMS IN THE NATURE OF INTERPLEADER FILED BY JPMORGAN CHASE BANK, N.A., AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; A CERTIFICATION OF TRANSLATION AS TO THE SUMMONS AND THIRD-PARTY PETITION; AN ENGLISH-LANGUAGE COPY OF THE AMENDED OMNIBUS PETITION FOR TURNOVER ORDER, AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; mailed to BANCO NACIONAL DE CUBA, AGUIAR 456 E/ AMARGURA Y LAMPARILLA, MUNICIPIO HABANA VIEJA, LA HABANA, CUBA on 5/29/2014 by DHL tracking # 56 0269 2421, to the head of the agency or instrumentality of the foreign state, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(b)(3)(B). (Kaliakina, Tatiana)
May 29, 2014 Opinion or Order Filing 611 CLERK CERTIFICATE OF MAILING of one copy of the AN ENGLISH-LANGUAGE SUMMONS AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; AN ENGLISH-LANGUAGE THIRD-PARTY PETITION ALLEGING CLAIMS IN THE NATURE OF INTERPLEADER FILED BY JPMORGAN CHASE BANK, N.A., AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; A CERTIFICATION OF TRANSLATION AS TO THE SUMMONS AND THIRD-PARTY PETITION; AN ENGLISH-LANGUAGE COPY OF THE AMENDED OMNIBUS PETITION FOR TURNOVER ORDER, AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; mailed to EMPRESA DE TELECOMUNICACIONES DE CUBA SA ("ETECSA"), EGIDO NO. 610 ENTRE GLORIA Y APODACA, HABANA VIEJA, CIUDAD DE LA HABANA, CUBA, HAVANA, CUBA on 5/29/2014 by DHL tracking # 56 0268 3833, to the head of the agency or instrumentality of the foreign state, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(b)(3)(B). (Kaliakina, Tatiana)
May 29, 2014 Opinion or Order Filing 610 CLERK CERTIFICATE OF MAILING of one copy of the AN ENGLISH-LANGUAGE SUMMONS AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; AN ENGLISH-LANGUAGE THIRD-PARTY PETITION ALLEGING CLAIMS IN THE NATURE OF INTERPLEADER FILED BY JPMORGAN CHASE BANK, N.A., AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; A CERTIFICATION OF TRANSLATION AS TO THE SUMMONS AND THIRD-PARTY PETITION; AN ENGLISH-LANGUAGE COPY OF THE AMENDED OMNIBUS PETITION FOR TURNOVER ORDER, AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; mailed to EMPRESA DE TELECOMUNICACIONES INTERNACIONALES DE CUBA ("EMTELCUBA"), ZANJA 855 6TO PISO ESQ., SAN FRANCISCO, HABANA, CUBA on 5/29/2014 by DHL tracking # 56 0265 0863, to the head of the agency or instrumentality of the foreign state, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(b)(3)(B). (Kaliakina, Tatiana)
May 28, 2014 Opinion or Order Filing 603 STIPULATION: It is hereby stipulated and agreed by and between the undersigned, as counsel for and on behalf of the parties indicated below, that the last day for COBA to respond to the Petition is hereby extended to and including June 4, 2014. So Ordered. (Signed by Judge Alvin K. Hellerstein on 5/27/2014) (ajs)
May 28, 2014 Opinion or Order Filing 602 STIPULATION: It is hereby stipulated and agreed by and between the undersigned, as counsel for and on behalf of the parties indicated below, that the last day for COBA to respond to the Petition is hereby extended to and including June 4, 2014. So Ordered. (Signed by Judge Alvin K. Hellerstein on 5/27/2014) (ajs)
May 28, 2014 Opinion or Order Filing 601 NOTICE OF VOLUNTARY DISMISSAL: Please take notice that Respondent, Garnishee, and Third-Party Petitioner Deutsche Bank Trust Company Americas, by its counsel Covington & Burling LLP, pursuant to Rule 41(a)(1)(i) of the Fed. R. Civ. P. hereby dismisses with prejudice its Third-Party Interpleader Petition as against Third-Party Respondent and Adverse Claimant Commerzbank AG only, by filing this Notice of Voluntary Dismissal prior to the service of an answer or motion for summary judgment. This Notice of Voluntary Dismissal does not dismiss claims against any other Third Party Respondent and Adverse Claimant. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 5/27/2014) (ajs)
May 28, 2014 Opinion or Order Filing 600 STIPULATION: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel that the time of AT&T Inc. and Cuban-American Telephone & Telegraph Company to answer or move with respect to the Third-Party Petition Alleging Claims in the Nature of Interpleader, as filed by JPMorgan Chase Bank, N.A. on May 6, 2014, is hereby extended to and including June 30, 2014. No prior request for an adjournment has been made. So Ordered. (Signed by Judge Alvin K. Hellerstein on 5/27/2014) (ajs)
May 23, 2014 Opinion or Order Filing 692 CLERK CERTIFICATE OF MAILING of one copy of the AN ENGLISH-LANGUAGE SUMMONS AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; AN ENGLISH-LANGUAGE THIRD-PARTY PETITION ALLEGING CLAIMS IN THE NATURE OF INTERPLEADER FILED BY JPMORGAN CHASE BANK, N.A., AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; A CERTIFICATION OF TRANSLATION AS TO THE SUMMONS AND THIRD-PARTY PETITION; AN ENGLISH-LANGUAGE COPY OF THE AMENDED OMNIBUS PETITION FOR TURNOVER ORDER, AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME mailed to EMPRESA DE TELECOMUNICACIONES INTERNACIONALES DE CUBA (EMTELCUBA") AVIENDA INDEPENDCIA E/19 DE MAYO Y ARANGUREN 2 DO PISO PLAZA DE REVOLUCION 10100, HAVANA CUBA on 5/23/2014 by DHL tracking # 56 0262 5921, to the head of the agency or instrumentality of the foreign state, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(b)(3)(B). (jvs)
May 23, 2014 Opinion or Order Filing 690 CLERK CERTIFICATE OF MAILING of one copy of the AN ENGLISH-LANGUAGE SUMMONS AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; AN ENGLISH-LANGUAGE THIRD-PARTY PETITION ALLEGING CLAIMS IN THE NATURE OF INTERPLEADER FILED BY JPMORGAN CHASE BANK, N.A., AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; A CERTIFICATION OF TRANSLATION AS TO THE SUMMONS AND THIRD-PARTY PETITION; AN ENGLISH-LANGUAGE COPY OF THE AMENDED OMNIBUS PETITION FOR TURNOVER ORDER, AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME mailed to EMPRESA DE TELECOMUNICACIONES INTERNACIONALES DE CUBA ("EMTELCUBA") APARTADO 6466 LA HABANA, CUBA on 5/23/2014 by DHL tracking # 56 0266 0685, to the head of the agency or instrumentality of the foreign state, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(b)(3)(B). (jvs)
May 23, 2014 Opinion or Order CLERK CERTIFICATE OF MAILING UNEXECUTED for AN ENGLISH-LANGUAGE SUMMONS AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; AN ENGLISH-LANGUAGE THIRD-PARTY PETITION ALLEGING CLAIMS IN THE NATURE OF INTERPLEADER FILED BY JPMORGAN CHASE BANK, N.A., AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; A CERTIFICATION OF TRANSLATION AS TO THE SUMMONS AND THIRD-PARTY PETITION; AN ENGLISH-LANGUAGE COPY OF THE AMENDED OMNIBUS PETITION FOR TURNOVER ORDER, AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME mailed to EMPRESA DE TELECOMUNICACIONES INTERNACIONALES DE CUBA (EMTELCUBA") AVIENDA INDEPENDCIA E/19 DE MAYO Y ARANGUREN 2 DO PISO PLAZA DE REVOLUCION 10100, HAVANA CUBA mailed to EMPRESA DE TELECOMUNICACIONES INTERNACIONALES DE CUBA (EMTELCUBA") AVIENDA INDEPENDCIA E/19 DE MAYO Y ARANGUREN 2 DO PISO PLAZA DE REVOLUCION 10100, HAVANA CUBA on 5/23/2014 by DHL tracking # 56 0262 5921, as per #692 Clerk Certificate of Mailing,,,. Confirmation that delivery was executed was not received by the Clerk's Office. (jvs)
May 23, 2014 Opinion or Order Filing 628 CLERK CERTIFICATE OF MAILING of one copy of the SUMMONS; THIRD-PARTY PETITION ALLEGING CLAIMS IN THE NATURE OF INTERPLEADER FILED BY CITIBANK, N.A.; AMENDED OMNIBUS PETITION FOR TURNOVER ORDER; TRANSLATION FOR EACH DOCUMENT; CERTIFICATION FROM TRANSLATOR; NOTICE OF SUIT mailed to EMPRESA DE TELECOMUNICACIONES INTERNACIONALES DE CUBA ("EMTELCUBA") AVIENDA INDEPENDCIA E/19 DE MAYO Y ARANGUREN 2 DO PISO PLAZA DE REVOLUCION 10100, HAVANA CUBA on 5/23/2014 by DHL tracking # 56 0270 2221, to the head of the agency or instrumentality of the foreign state, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(b)(3)(B). (Kaliakina, Tatiana)
May 23, 2014 Opinion or Order CLERK CERTIFICATE OF MAILING RECEIVED for SUMMONS; THIRD-PARTY PETITION ALLEGING CLAIMS IN THE NATURE OF INTERPLEADER FILED BY CITIBANK, N.A.; AMENDED OMNIBUS PETITION FOR TURNOVER ORDER; TRANSLATION FOR EACH DOCUMENT; CERTIFICATION FROM TRANSLATOR; NOTICE OF SUIT mailed to EMPRESA DE TELECOMUNICACIONES INTERNACIONALES DE CUBA ("EMTELCUBA") AVIENDA INDEPENDCIA E/19 DE MAYO Y ARANGUREN 2 DO PISO PLAZA DE REVOLUCION 10100, HAVANA CUBA on 5/23/2014 by DHL tracking # 56 0270 2221, as per #628 Clerk Certificate of Mailing, RECEIVED ON: 6/3/2014. (Kaliakina, Tatiana)
May 23, 2014 Opinion or Order CLERK CERTIFICATE OF MAILING RECEIVED for An English-language Notice os Suit prepared in conformity with 22 C.F.R. 93.2, and a Spanish-language ranslation of the same; A certification of translation; An English-language summons, and a Spanish-language translation of the same; An English-language Third-party Petition Alleging Claims in the Nature of Interpleader filed by JPMorgan Chase Bank, N.A., and a Spanish-language translation of the same; A certification of translation as to the summons and third-party petition; An English-language copy of the Amended Omnibus Petition for Turnover Order, and a Spanish-language translation of the same; An English-language copy of the Foreign Sovereign Immunities Act, 28 U.S.C. 1602-1611, pursuant to 22 C.F.R. 93.2(e) mailed to MINISTRY OF FOREIGN AFFAIRS OF CUBA (CUBA MINREX), AVENIDA DE LOS PRESIDENTES, 10149 HABANA VIEJA, CUBA on 5/23/2014 by DHL tracking # 56 0270 6480, as per #609 Clerk Certificate of Mailing, RECEIVED ON: 6/2/2014. (Kaliakina, Tatiana)
May 23, 2014 Opinion or Order Filing 609 CLERK CERTIFICATE OF MAILING of one copy of the An English-language Notice of Suit prepared in conformity with 22 C.F.R. 93.2, and a Spanish-language translation of the same; A certification of translation; An English-language summons, and a Spanish-language translation of the same; An English-language Third-party Petition Alleging Claims in the Nature of Interpleader filed by JPMorgan Chase Bank, N.A., and a Spanish-language translation of the same; A certification of translation as to the summons and third-party petition;An English-language copy of the Amended Omnibus Petition for Turnover Order, and a Spanish-language translation of the same; An English-language copy of the Foreign Sovereign Immunities Act, 28 U.S.C. 1602-1611, pursuant to 22 C.F.R. 93.2(e) mailed to MINISTRY OF FOREIGN AFFAIRS OF CUBA (CUBA MENRIX), AVENIDA DE LOS PRESIDENTES, 10149 HABANA VIEJA, CUBA on 5/23/2014 by DHL tracking # 56 0270 6480, to the head of the agency or instrumentality of the foreign state, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(b)(3)(B). (Kaliakina, Tatiana)
May 23, 2014 Opinion or Order ***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney Gregory Nieberg Document #598 Notice of Voluntary Dismissal was referred to Judge Alvin K. Hellerstein for approval. (km)
May 22, 2014 Opinion or Order Filing 598 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Commerzbank AG. Document filed by Deutsche Bank Trust Company Americas. (Nieberg, Gregory) Modified on 5/23/2014 (km).
May 22, 2014 Opinion or Order ***DELETED DOCUMENT. Deleted document number #598 CERTIFICATE OF MAILING. The document was incorrectly filed in this case. (jvs)
May 21, 2014 Opinion or Order CLERK CERTIFICATE OF MAILING RECEIVED for SUMMONS IN A CIVIL CASE; THIRD-PARTY PETITION ALLEGING CLAIMS IN THE NATURE OF INTERPLEADER; ARABIC TRANSLATIONS; AND TRANSLATOR CERTIFICATE OF ACCURACY mailed to MR. HASSAN TRAVOULSI, BANQUE BENO SAUDI FRANSI S.A., FAYEZ MANSOUR, DAMASCUS, SYRIA on 5/21/2014 by DHL tracking # 96 0723 2003, as per #599 Clerk Certificate of Mailing, RECEIVED ON: 6/1/2014. (Kaliakina, Tatiana)
May 21, 2014 Opinion or Order CLERK CERTIFICATE OF MAILING RECEIVED for SUMMONS ON A THIRD-PARTY COMPLAINT; THIRD-PARTY PETITION OF RESPONDENT THE BANK OF NEW YORK MELLON FOR INTERPLEADER AND OTHER RELIEF, WITH EXHIBIT A (WIRE TRANSFER INFORMATION) AND EXHIBIT B (AMENDED OMNIBUS PETITION FOR TURNOVER ORDER); DECLARATION OF SPANISH TRANSLATOR; SPANISH TRANSLATION OF THE PRECEDING DOCUMENTS mailed to CASA FINANCIERA FINTUR S.A., CALLE 5TA. NO. 4605 ENTRE 46A Y 60 ATTN: HUMBERTO PEREZ GONZALEZ PRESIDENT, 11300, PLAYA, CUBA on 5/21/2014 by DHL tracking # 47 9554 9264, as per #597 Clerk Certificate of Mailing, RECEIVED ON: 6/4/2014. (Kaliakina, Tatiana)
May 21, 2014 Opinion or Order CLERK CERTIFICATE OF MAILING RECEIVED for SUMMONS ON A THIRD-PARTY COMPLAINT; THIRD-PARTY PETITION OF RESPONDENT THE BANK OF NEW YORK MELLON FOR INTERPLEADER AND OTHER RELEIF, WITH EXHIBIT A (WIRE TRANSFER INFORMATION) AND EXHIBIT B (AMENDED OMNIBUS PETITION FOR TURNOVER ORDER); DECLARATION OF SPANISH TRANSLATOR; SPANISH TRANSLATIONS OF THE PRECEDING DOCUMENTS mailed to CORPORACION HABANOS S.A., ATTN: LUIS SANCHEZ-HARGUINDEY PARDO DE VERA, CO-PRESIDENT 3RA NO. 2006 E/ 20 Y 22, MIRAMAR, PLAYA, 11300 LA HABANA, CUBA on 5/21/2014 by DHL tracking # 47 9555 4606, as per #595 Clerk Certificate of Mailing, RECEIVED ON: 5/28/2014. (Kaliakina, Tatiana)
May 21, 2014 Opinion or Order Filing 597 CLERK CERTIFICATE OF MAILING of one copy of the SUMMONS ON A THIRD PARTY COMPLAINT, THIRD-PARTY PETITION OF RESPONDENT THE BANK OF NEW YORK MELLON FOR INTERPLEADER AND OTHER RELIEF, WITH EXHIBIT A (WIRE TRANSFER INFORMATION) AND EXHIBIT B ( AMENDED OMNIBUS PETITION FOR TURNOVER ORDER) DECLARATION OF SPANISH TRANSLATOR, SPANISH TRANSLATION OF THE PRECEDING DOCUMENTS mailed to CASA FINANCIERA FINTUR S.A. CALLE 5TA. NO. 4605 ENTRE 46A Y 60 ATTN: HUMBERTO PEREZ GONZALEZ PRESIDENT 11300 PLAYA CUBA on 5/21/2014 by DHL tracking # 47 9554 9264, to the head of the agency or instrumentality of the foreign state, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(b)(3)(B). (jvs)
May 21, 2014 Opinion or Order Filing 596 CLERK CERTIFICATE OF MAILING of one copy of the SUMMONS ON A THIRD-PARTY COMPLAINT; THIRD-PARTY PETITION OF RESPONDENT THE BANK OF NEW YORK MELLON FOR INTERPLEADER AND OTHER RELIEF, WITH EXHIBIT A (WIRE TRANSFER INFORMATION) AND EXHIBIT B (AMENDED OMNIBUS PETITION FOR TURNOVER ORDER); DECLARATION OF SPANISH TRANSLATOR; SPANISH TRANSLATIONS OF THE PRECEDING DOCUMENTS mailed to CUBANA DE AVIACION S.A., ATTN: ARTURO BADA ALVAREZ, CEO, CALLE 23 NO. 64, LA RAMPA, VEDADO, CIUDA DE LA HABANA, 10400 CUBA on 5/21/2014 by DHL tracking # 47 9544 0392, to the head of the agency or instrumentality of the foreign state, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(b)(3)(B). (Kaliakina, Tatiana)
May 21, 2014 Opinion or Order Filing 595 CLERK CERTIFICATE OF MAILING of one copy of the SUMMONS ON A THIRD-PARTY COMPLAINT; THIRD-PARTY PETITION OF RESPONDENT THE BANK OF NEW YORK MELLON FOR INTERPLEADER AND OTHER RELIEF, WITH EXHIBIT A (WIRE TRANSFER INFORMATION) AND EXHIBIT B (AMENDED OMNIBUS PETITION FOR TURNOVER ORDER); DECLARATION OF SPANISH TRANSLATOR; SPANISH TRANSLATIONS OF THE PRECEDING DOCUMENTS mailed to CORPORACION HABANOS S.A., ATTN: LUIS SANCHEZ-HARGUINDEY PARDO DE VERA, CO-PRESIDENT, 3RA NO. 2006 E/ 20 Y 22, MIRAMAR, PLAYA, 11300 LA HABANA, CUBA on 5/21/2014 by DHL tracking # 47 9555 4606, to the head of the agency or instrumentality of the foreign state, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(b)(3)(B). (Kaliakina, Tatiana)
May 19, 2014 Opinion or Order ***DELETED DOCUMENT. Deleted document number #585 CLERK'S CERTIFICATE OF MAILING. The document was a duplicate of docket entry number 512. (Kaliakina, Tatiana)
May 16, 2014 Opinion or Order Filing 579 DECLARATION of see Declaration Declaration of Delivery of Notice Documents. Document filed by HSBC Bank, HSBC Bank USA, N.A.(Respondent-Garnishee and Stakeholder/Third-Party Petitioner). (Stecker, Paul)
May 14, 2014 Opinion or Order Filing 572 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Jeffrey E. Glen dated 5/12/2014 re: Certain of the firm's attorneys no longer work on this matter. ENDORSEMENT: So ordered. Attorney Kerry Ann Sheehan; Luma Salah Al-Shibib and Carrie Maylor DiCanio terminated. (Signed by Judge Alvin K. Hellerstein on 5/13/2014) (ajs)
May 12, 2014 Opinion or Order Filing 571 RESPONSE re: #516 Third Party Complaint,, . Document filed by Aldo Vera, Jr.. (Swift, Robert)
May 9, 2014 Opinion or Order Filing 570 STIPULATION: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned, as counsel for and on behalf of the parties indicated below, that (1) Respondent Commerzbank AG acknowledges and accepts service of the Third Party Petition Alleging Claims in the Nature of Interpleader Filed by Wells Fargo Bank, N.A. (the "Third Party Petition"), dated April 10, 2014 and (2) the last day for Interpleader Third-Party Respondent Commerzbank AG to respond to the Third Party Petition filed by Respondent-Garnishee and Third Party Petitioner Wells Fargo Bank, N.A. is hereby extended to and including May 22, 2014. So Ordered. (Signed by Judge Alvin K. Hellerstein on 5/8/2014) (ajs)
May 9, 2014 Opinion or Order Filing 569 STIPULATION EXTENDING TIME TO FILE THIRD-PARTY PETITIONS ALLEGING CLAIMS IN THE NATURE OF INTERPLEADER WITH RESPECT TO NON-EFT ACCOUNTS: IT IS STIPULATED AND AGREED THAT: The deadline for Citibank and JPM Chase to file third-party petitions alleging claims in the nature of interpleader as to the Non-EFT Accounts identified in Schedule C to Exhibits 5 and 10, respectively, to the Amended Turnover Petition is hereby extended through and including May 6, 2014. (Signed by Judge Alvin K. Hellerstein on 5/8/2014) (ajs)
May 9, 2014 Opinion or Order Filing 568 STIPULATION: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned, as counsel for and on behalf of the parties indicated below, that (1) Respondent Commerzbank AG acknowledges and accepts service of the Third Party Petition Alleging Claims in the Nature of Interpleader Filed by Credit Suisse AG, New York Branch (the "Third Party Petition"), dated April 10, 2014 and (2) the last day for Interpleader Third-Party Respondent Commerzbank AG to respond to the Third Party Petition filed by Respondent-Garnishee and Third Party Petitioner Credit Suisse AG, New York Branch is hereby extended to and including May 22, 2014. So Ordered. (Signed by Judge Alvin K. Hellerstein on 5/8/2014) (ajs)
May 7, 2014 Opinion or Order Filing 567 ELECTRONIC SUMMONS ISSUED as to Aldo Vera, Jr., as Personal Representative of the Estate of Aldo Vera, Sr. (lcu)
May 7, 2014 Opinion or Order Filing 566 ELECTRONIC SUMMONS ISSUED as to Alfredo Villoldo, individually. (lcu)
May 7, 2014 Opinion or Order Filing 565 ELECTRONIC SUMMONS ISSUED as to AT&T Inc. (lcu)
May 6, 2014 Opinion or Order Filing 564 REQUEST FOR ISSUANCE OF SUMMONS as to Alfredo Villoldo, individually, Gustavo E. Villoldo, individually and as Administrator, Executor, and Personal Representative of the Estate of Gustavo Villoldo Argilagos, Jeannette Fuller Hausler, as court-appointed co-representatives of the Estate of Robert Otis Fuller, deceased, on behalf of all beneficiaries of the Estate and the Estate of Robert Otis Fuller, William Fuller as court-appointed co-representatives of the Estate of Robert Otis Fuller, deceased, on behalf of all beneficiaries of the Estate and the Estate of Robert Otis Fuller, Martinez Amores, Maria Del Carmen Fojo Lage, Guillermina Doval Agusti, Nicasio Escalante, Cristina Gelats Fabregas, Jose Feliu Garcia, Amelia Garcia Gomez, Alberto Antonio Perez Munoz, Conrado Enrique Perez Munoz, Maria Del Carmen Munoz Y Solis, Hilda Casell De Pella, Maria Amelia Daniela Pella, Maria Luisa Aldana Pella, Matilde Pella, Oscar A. Aldana Pella, Oscar Pella, and the heirs and assigns of all such parties, Casimiro Garcia Garcia, and his or her heirs and assigns, Francisco Garcia Diaz, Amelia Garcia Diaz, Jose Gomez Mena, Juan Morales Y Pedroso; and the heirs and assigns of all such parties, Richard Escobar, and his heirs and assigns, Michael L. Jones, and his heirs and assigns, Carlos A. Ramirez, and his heirs and assigns, Alfredo Alfonso, Eugenio Alonso, Delcampa Odon Alvarez, Orlando Argiz, Nicolas Barrios, Jesus Brito, Jose M. Cuesto, Pedro Delaroso, Oscar Delus Reyes, Andres Derios, Carlos Diaz, Luis Echegoyen, Hermenegildo Enriquez, Rene Excajadillo, Mirtha Estevez, Constantine Fernandez, Jesus A. Garcia, Ignacio Gomez, Miguel A. Gonzalez, Cecilia Gutierrez, Maximo Hernandez, Jose Lago, Alberto Lopez, Luis F. Montes, Raul Munoz, Jesus Novo, Jose L. Olivarres, Luis Otano, Olga Perez, Guadelupe Prieto, Dearrelano Ramirez, Enrique Rodriguez, Julia Rodriguez, Mario Rodriquez, Jose Suarez, Carmen Travieso, Manuel Trinchet, Pablo Vidal, and their heirs and assigns of all such parties, Banco Nacional de Cuba, as the successor in interest to Banco Gelats and any other private Cuban bank through which the Cuban Nationals named as Adverse Claimants-Respondents herein may have opened local accounts, Aldo Vera, Jr., as Personal Representative of the Estate of Aldo Vera, Sr., Demetrio Alvares, Hilda Maria Pella, re: #563 Third Party Complaint,,,,,,,,,. Document filed by JPMorgan Chase Bank, N.A.,. (Kerr, James)
May 6, 2014 Opinion or Order Filing 563 THIRD PARTY COMPLAINT against Alfredo Villoldo, individually, Gustavo E. Villoldo, individually and as Administrator, Executor, and Personal Representative of the Estate of Gustavo Villoldo Argilagos, Jeannette Fuller Hausler, as court-appointed co-representatives of the Estate of Robert Otis Fuller, deceased, on behalf of all beneficiaries of the Estate and the Estate of Robert Otis Fuller, William Fuller as court-appointed co-representatives of the Estate of Robert Otis Fuller, deceased, on behalf of all beneficiaries of the Estate and the Estate of Robert Otis Fuller, Martinez Amores, Maria Del Carmen Fojo Lage, Guillermina Doval Agusti, Nicasio Escalante, Cristina Gelats Fabregas, Jose Feliu Garcia, Amelia Garcia Gomez, Alberto Antonio Perez Munoz, Conrado Enrique Perez Munoz, Maria Del Carmen Munoz Y Solis, Hilda Casell De Pella, Maria Amelia Daniela Pella, Maria Luisa Aldana Pella, Matilde Pella, Oscar A. Aldana Pella, Oscar Pella, and the heirs and assigns of all such parties, Casimiro Garcia Garcia, and his or her heirs and assigns, Francisco Garcia Diaz, Amelia Garcia Diaz, Jose Gomez Mena, Juan Morales Y Pedroso; and the heirs and assigns of all such parties, Richard Escobar, and his heirs and assigns, Michael L. Jones, and his heirs and assigns, Carlos A. Ramirez, and his heirs and assigns, Alfredo Alfonso, Eugenio Alonso, Delcampa Odon Alvarez, Orlando Argiz, Nicolas Barrios, Jesus Brito, Jose M. Cuesto, Pedro Delaroso, Oscar Delus Reyes, Andres Derios, Carlos Diaz, Luis Echegoyen, Hermenegildo Enriquez, Rene Excajadillo, Mirtha Estevez, Constantine Fernandez, Jesus A. Garcia, Ignacio Gomez, Miguel A. Gonzalez, Cecilia Gutierrez, Maximo Hernandez, Jose Lago, Alberto Lopez, Luis F. Montes, Raul Munoz, Jesus Novo, Jose L. Olivarres, Luis Otano, Olga Perez, Guadelupe Prieto, Dearrelano Ramirez, Enrique Rodriguez, Julia Rodriguez, Mario Rodriquez, Jose Suarez, Carmen Travieso, Manuel Trinchet, Pablo Vidal, and their heirs and assigns of all such parties, Banco Nacional de Cuba, as the successor in interest to Banco Gelats and any other private Cuban bank through which the Cuban Nationals named as Adverse Claimants-Respondents herein may have opened local accounts, Aldo Vera, Jr., as Personal Representative of the Estate of Aldo Vera, Sr., Demetrio Alvares, Hilda Maria Pella.Document filed by JPMorgan Chase Bank, N.A.,.(Kerr, James)
May 6, 2014 Opinion or Order Filing 562 REQUEST FOR ISSUANCE OF SUMMONS as to Aldo Vera, Jr., as Personal Representative of the Estate of Aldo Vera, Sr., Alfredo Villoldo, individually, Gustavo E. Villoldo, individually and as Administrator, Executor, and Personal Representative of the Estate of Gustavo Villoldo Argilagos, Jeannette Fuller Hausler, as court-appointed co-representatives of the Estate of Robert Otis Fuller, deceased, on behalf of all beneficiaries of the Estate and the Estate of Robert Otis Fuller, William Fuller as court-appointed co-representatives of the Estate of Robert Otis Fuller, deceased, on behalf of all beneficiaries of the Estate and the Estate of Robert Otis Fuller, Lucia Schueg Nielsen, and her heirs and assigns, Edwin H. Nielsen, as Executor of the Estate of Victor H. Schueg, Enriqueta Schueg Bosch, and her heirs and assigns, Unknown John Doe Shareholders of Acueducto Yateritas, S.A., and their heirs and assigns, Acueducto Yateritas, S.A., and its successor-in-interest, if any, The Republic of Cuba, or its designee to the extent it or its designee is the successor-in-interest to Acueducto Yateritas, S.A., re: #561 Third Party Complaint,,,,. Document filed by Citibank, N.A.. (Kerr, James)
May 6, 2014 Opinion or Order Filing 561 THIRD PARTY COMPLAINT against Aldo Vera, Jr., as Personal Representative of the Estate of Aldo Vera, Sr., Alfredo Villoldo, individually, Gustavo E. Villoldo, individually and as Administrator, Executor, and Personal Representative of the Estate of Gustavo Villoldo Argilagos, Jeannette Fuller Hausler, as court-appointed co-representatives of the Estate of Robert Otis Fuller, deceased, on behalf of all beneficiaries of the Estate and the Estate of Robert Otis Fuller, William Fuller as court-appointed co-representatives of the Estate of Robert Otis Fuller, deceased, on behalf of all beneficiaries of the Estate and the Estate of Robert Otis Fuller, Lucia Schueg Nielsen, and her heirs and assigns, Edwin H. Nielsen, as Executor of the Estate of Victor H. Schueg, Enriqueta Schueg Bosch, and her heirs and assigns, Unknown John Doe Shareholders of Acueducto Yateritas, S.A., and their heirs and assigns, Acueducto Yateritas, S.A., and its successor-in-interest, if any, The Republic of Cuba, or its designee to the extent it or its designee is the successor-in-interest to Acueducto Yateritas, S.A..Document filed by Citibank, N.A..(Kerr, James)
May 6, 2014 Opinion or Order Filing 560 REQUEST FOR ISSUANCE OF SUMMONS as to AT&T Inc., Cuban-American Telephone & Telegraph Company, Empresa De Telecomunicaciones Internacionales De Cuba (Emtelcuba), Empresa de Radiocomunicacin Y Difusin De Cuba, Empresa De Telecomunicaciones De Cuba SA (Etecsa), Republic of Cuba, Aldo Vera, Jr., as Personal Representative of the Estate of Aldo Vera, Sr., Jeannette Fuller Hausler, as court-appointed co-representatives of the Estate of Robert Otis Fuller, deceased, on behalf of all beneficiaries of the Estate and the Estate of Robert Otis Fuller, William Fuller as court-appointed co-representatives of the Estate of Robert Otis Fuller, deceased, on behalf of all beneficiaries of the Estate and the Estate of Robert Otis Fuller, Alfredo Villoldo, individually, Gustavo E. Villoldo, individually and as Administrator, Executor, and Personal Representative of the Estate of Gustavo Villoldo Argilagos, re: #559 Third Party Complaint,,,. Document filed by JPMorgan Chase Bank, N.A.,. (Kerr, James)
May 6, 2014 Opinion or Order Filing 559 THIRD PARTY COMPLAINT against AT&T Inc., Cuban-American Telephone & Telegraph Company, Empresa De Telecomunicaciones Internacionales De Cuba (Emtelcuba), Empresa de Radiocomunicacin Y Difusin De Cuba, Empresa De Telecomunicaciones De Cuba SA (Etecsa), Republic of Cuba, Aldo Vera, Jr., as Personal Representative of the Estate of Aldo Vera, Sr., Jeannette Fuller Hausler, as court-appointed co-representatives of the Estate of Robert Otis Fuller, deceased, on behalf of all beneficiaries of the Estate and the Estate of Robert Otis Fuller, William Fuller as court-appointed co-representatives of the Estate of Robert Otis Fuller, deceased, on behalf of all beneficiaries of the Estate and the Estate of Robert Otis Fuller, Alfredo Villoldo, individually, Gustavo E. Villoldo, individually and as Administrator, Executor, and Personal Representative of the Estate of Gustavo Villoldo Argilagos.Document filed by JPMorgan Chase Bank, N.A.,.(Kerr, James)
May 5, 2014 Opinion or Order Filing 558 STIPULATION EXTENDING TIME TO FILE THIRD-PARTY PETITIONS ALLEGING CLAIMS IN THE NATURE OF INTERPLEADER WITH RESPECT TO NON-EFT ACCOUNTS: NOW, THEREFORE, IT IS STIPULATED AND AGREED THAT: The deadline for Citibank and JPM Chase to file third-party petitions alleging claims in the nature of interpleader as to the Non-EFT Accounts identified in Schedule C to Exhibits 5 and 10, respectively, to the Amended Turnover Petition is hereby extended through and including May 6, 2014. (Signed by Judge Alvin K. Hellerstein on 5/5/2014) (ajs)
May 5, 2014 Opinion or Order Filing 557 RESPONSE re: #475 Third Party Complaint,, . Document filed by Aldo Vera, Jr.. (Swift, Robert)
May 5, 2014 Opinion or Order Filing 556 RESPONSE re: #480 Third Party Complaint, . Document filed by Aldo Vera, Jr.. (Swift, Robert)
May 5, 2014 Opinion or Order Filing 555 RESPONSE re: #483 Third Party Complaint . Document filed by Aldo Vera, Jr.. (Swift, Robert)
May 5, 2014 Opinion or Order Filing 554 RESPONSE re: #477 Third Party Complaint . Document filed by Aldo Vera, Jr.. (Swift, Robert)
May 5, 2014 Opinion or Order Filing 553 RESPONSE re: #478 Third Party Complaint,, . Document filed by Aldo Vera, Jr.. (Swift, Robert)
May 5, 2014 Opinion or Order Filing 552 RESPONSE re: #472 Interpleader . Document filed by Aldo Vera, Jr.. (Swift, Robert)
May 2, 2014 Opinion or Order Filing 551 RESPONSE re: #461 Interpleader Complaint, . Document filed by Aldo Vera, Jr.. (Swift, Robert)
May 1, 2014 Opinion or Order CLERK CERTIFICATE OF MAILING RECEIVED for NOTICE OF SUIT DATED 4/9/2014; SUMMONS IN A CV ACTION & NOTICE OF PETITION DATED 9/9/13; AMENDED OMNIBUS PETITION FOR TURNOVER ORDER DATED 2/12/14; COPY OF THE FOREIGN SOVEREIGN IMMUNTIES ACT; SPANISH TRANSLATION mailed to MINISTER BRUNO EDUARDO RODRIGUEZ PARRILLA, CUBAN MINISTRY OF FOREIGN AFFAIRS CALZADA #360, VEDADO, HAVANA CUBA on 5/1/2014 by Federal Express tracking # 8057 7765 8326, as per #591 Clerk Certificate of Mailing, RECEIVED ON: 5/2/2014. (Kaliakina, Tatiana)
May 1, 2014 Opinion or Order CLERK CERTIFICATE OF MAILING RECEIVED for AN ENGLISH-LANGUAGE SUMMONS ISSUED BY THIS COURT, AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; AN ENGLISH-LANGUAGE "THIRD-PARTY PETITION ALLEGING CLAIMS IN THE NATURE OF INTERPLEADER FILED BY WELLS FARGO BANK, N.A.," AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; A CERTIFICATION OF TRANSLATION AS TO THE SUMMONS AND THIRD-PARTY PETITION; AN ENGLISH-LANGUAGE COPY OF AMENDED OMNIBUS PETITION FOR TURNOVER ORDER AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME mailed to CUBANA DE AVIACION S.A., CALLE 23 NO 64 ESQ., P INFANTA VEDADO, CIUDAD DE, 10100, LA HABANA, CUBA on 5/1/2014 by DHL tracking # 22 6137 1836, as per #593 Clerk Certificate of Mailing, RECEIVED ON: 6/19/2014. (Kaliakina, Tatiana)
May 1, 2014 Opinion or Order CLERK CERTIFICATE OF MAILING RECEIVED for An English-language summons issued by this Court, and a Spanish-language translation of the same; An English-language Third-Party Petition Alleging Claims in the Nature of Interpleader filed by Credit Suisse AG, and a Spanish-language translation of the same;A certification of translation as to the summons and third-party petition;An English-language copy of the Amended Omnibus Petition for Turnover Order and a Spanish-language translation of the same mailed to CUBANA DE AVIACION S.A., CALLE 23 NO. 64 ESQ. P INFANTA, VEDADO, CIUDAD DE LA HABANA, CUBA on 5/1/2014 by DHL tracking # 47 0911 5633, as per #575 Clerk Certificate of Mailing, RECEIVED ON: 6/19/2014. (Kaliakina, Tatiana)
May 1, 2014 Opinion or Order CLERK CERTIFICATE OF MAILING RECEIVED for AN ENGLISH-LANGUAGE SUMMONS ISSUED BY THIS COURT, AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; AN ENGLISH-LANGUAGE THIRD-PARTY PETITION ALLEGING CLAIMS IN THE NATURE OF INTERPLEADER FILED BY JPMORGAN CHASE BANK, N.A., AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; A CERTIFICATION OF TRANSLATION AS TO THE SUMMONS AND THIRD-PARTY PETITION;AN ENGLISH-LANGUAGE COPY OF THE AMENDED OMNIBUS PETITION FOR TURNOVER ORDER AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME mailed to CUBANIQUEL, CALLE 23, NO 55, 8, APDO 6128, HAVANA, CUBA on 5/1/2014 by DHL tracking # 47 0911 9192, as per #581 Clerk Certificate of Mailing, RECEIVED ON: 6/12/2014. (Kaliakina, Tatiana)
May 1, 2014 Opinion or Order CLERK CERTIFICATE OF MAILING RECEIVED for AN ENGLISH-LANGUAGE NOTICE OF SUIT PREPARED IN CONFORMITY WITH 22 C.F.R. 93.2, AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; A CERTIFICATION OF TRANSLATION AS TO THE NOTICE OF SUIT; AN ENGLISH-LANGUAGE SUMMONS ISSUED BY THIS COURT, AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; AN ENGLISH-LANGUAGE THIRD-PARTY PETITION ALLEGING CLAIMS IN THE NATURE OF INTERPLEADER FILED BY JPMORGAN CHASE BANK, N.A., AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; A CERTIFICATION OF TRANSLATION AS TO THE SUMMONS AND THIRD-PARTY PETITION; AN ENGLISH-LANGUAGE COPY OF THE AMENDED OMNIBUS PETITION FOR TURNOVER ORDER, AND A SPANISH-LANGUAGE COPY OF THE SAME;AN ENGLISH-LANGUAGE COPY OF THE FOREIGN SOVEREIGN IMMUNITIES ACT, 28 U.S.C. 1602-1611, PURSUANT TO 22 C.F.R. 93.2(E)mailed to MINISTRY OF FOREIGN AFFAIRS OF CUBA (CUBA MINREX), AVENIDA DE LOS PRESIDENTES, 10149 HABANA VIEJA, CUBA on 5/1/2014 by DHL tracking # 47 0913 1254, as per #574 Clerk Certificate of Mailing, RECEIVED ON: 5/19/2014. (Kaliakina, Tatiana)
May 1, 2014 Opinion or Order CLERK CERTIFICATE OF MAILING RECEIVED for AN ENGLISH-LANGUAGE SUMMONS ISSUED BY THIS COURT, AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; AN ENGLISH-LANGUAGE THIRD-PARTY PETITION ALLEGING CLAIMS IN THE NATURE OF INTERPLEADER FILED BY BANK OF AMERICA, N.A., AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME;A CERTIFICATION OF TRANSLATION AS TO THE SUMMONS AND THIRD-PARTY PETITION;AN ENGLISH-LANGUAGE COPY OF THE AMENDED OMNIBUS PETITION FOR TURNOVER ORDER AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME mailed to HAVANATURM S.A., CALLE 3ERA ESQUINA A 74, REPARTO MIRAMAR, MUNICIPIO PLAYA, HOTEL TRITON, CUBA on 5/1/2014 by DHL tracking # 63 1921 7155, as per #577 Clerk Certificate of Mailing, RECEIVED ON: 5/9/2014. (Kaliakina, Tatiana)
May 1, 2014 Opinion or Order CLERK CERTIFICATE OF MAILING RECEIVED for AN ENGLISH-LANGUAGE SUMMONS ISSUED BY THIS COURT, AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; AN ENGLISH-LANGUAGE THIRD-PARTY PETITION ALLEGING CLAIMS IN THE NATURE OF INTERPLEADER FILED BY CITIBANK, N.A., AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME;A CERTIFICATION OF TRANSLATION AS TO THE SUMMONS AND THIRD-PARTY PETITION;AN ENGLISH-LANGUAGE COPY OF THE AMENDED OMNIBUS PETITION FOR TURNOVER ORDER AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME mailed to TECNOIMPORT HAVANA CUBA, AVDA DEL PUERTO 102 JUSTIZ Y OBRAPIA, HAVANA VIEJA, CIUDAD DE HAVANA, CUBA on 5/1/2014 by DHL tracking # 47 0915 9556, as per #582 Clerk Certificate of Mailing, RECEIVED ON: 5/13/2014. (Kaliakina, Tatiana)
May 1, 2014 Opinion or Order CLERK CERTIFICATE OF MAILING RECEIVED for AN ENGLISH-LANGUAGE SUMMONS ISSUED BY THIS COURT, AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; AN ENGLISH-LANGUAGE THIRD-PARTY PETITION ALLEGING CLAIMS IN THE NATURE OF INTERPLEADER FILED BY BANK OF AMERICA, N.A., AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME;A CERTIFICATION OF TRANSLATION AS TO THE SUMMONS AND THIRD-PARTY PETITION;AN ENGLISH-LANGUAGE COPY OF THE AMENDED OMNIBUS PETITION FOR TURNOVER ORDER AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME mailed to BANCO INTERNACIONAL DE COMERCIO, 20 DE MAYO Y AYESTARAN, (APARTADO 6113), MUNICIPIO PLAZA, LA HABANA, CUBA on 5/1/2014 by DHL tracking # 22 5960 2133, as per #578 Clerk Certificate of Mailing, RECEIVED ON: 5/9/2014. (Kaliakina, Tatiana)
May 1, 2014 Opinion or Order CLERK CERTIFICATE OF MAILING RECEIVED for AN ENGLISH-LANGUAGE SUMMONS AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; AN ENGLISH-LANGUAGE "THIRD-PARTY PETITION ALLEGING CLAIMS IN THE NATURE OF INTERPLEADER FILED BY CITIBANK, N.A.," AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; A CERTIFICATION OF TRANSLATION AS TO THE SUMMONS AND THIRD-PARTY PETITION; AN ENGLISH-LANGUAGE COPY OF THE AMENDED OMNIBUS PETITION FOR TURNOVER ORDER AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME mailed to MCV COMERCIAL S.A., INTERSECCION DE VIA BLANCA Y MONUMENTAL, BERROA, HABANA DEL ESTE, CIUDAD DE LA HABANA, CUBA on 5/1/2014 by DHL tracking # 22 6134 9484, as per #599 Clerk Certificate of Mailing,RECEIVED ON: 5/9/2014. (Kaliakina, Tatiana)
May 1, 2014 Opinion or Order CLERK CERTIFICATE OF MAILING RECEIVED for AN ENGLISH-LANGUAGE SUMMONS AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; AN ENGLISH-LANGUAGE "THIRD-PARTY PETITION ALLEGING CLAIMS IN THE NATURE OF INTERPLEADER FILED BY JPMORGAN CHASE BANK, N.A.," AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; A CERTIFICATION OF TRANSLATION AS TO THE SUMMONS AND THIRD-PARTY PETITION; AND AN ENGLISH-LANGUAGE COPY OF THE AMENDED OMNIBUS PETITION FOR TURNOVER ORDER AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME mailed to CASA FINANCIERA FINTUR, S.A., 5TA AVE. 4605 ENTRE 46A Y 60 MIRAMAR, MUNICIPIO PLAYA, LA HABANA, CUBA on 5/1/2014 by DHL tracking # 47 0916 2452, as per #592 Clerk Certificate of Mailing, RECEIVED ON: 5/13/2014. (Kaliakina, Tatiana)
May 1, 2014 Opinion or Order CLERK CERTIFICATE OF MAILING RECEIVED for AN ENGLISH-LANGUAGE SUMMONS ISSUED BY THIS COURT, AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; AN ENGLISH-LANGUAGE THIRD-PARTY PETITION ALLEGING CLAIMS IN THE NATURE OF INTERPLEADER FILED BY UBS AG, AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; A CERTIFICATION OF TRANSLATION AS TO THE SUMMONS AND THIRD-PARTY PETITION;AN ENGLISH-LANGUAGE COPY OF THE AMENDED OMNIBUS PETITION FOR TURNOVER ORDER AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME mailed to BANCO FINANCIERO INTERNACIONAL S.A., LINEA NO. 1 VEDADO, MUNICIPIO PLAZA, APARTADO 4068, HAVANA, CUBA on 5/1/2014 by DHL tracking # 22 6139 6465, as per #584 Clerk Certificate of Mailing, RECEIVED ON: 5/9/2014. (Kaliakina, Tatiana)
May 1, 2014 Opinion or Order CLERK CERTIFICATE OF MAILING RECEIVED for AN ENGLISH-LANGUAGE SUMMONS ISSUED BY THIS COURT, AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; AN ENGLISH-LANGUAGE THIRD-PARTY PETITION ALLEGING CLAIMS IN THE NATURE OF INTERPLEADER FILED BY BANK OF AMERICA, N.A., AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME;A CERTIFICATION OF TRANSLATION AS TO THE SUMMONS AND THIRD-PARTY PETITION;AN ENGLISH-LANGUAGE COPY OF THE AMENDED OMNIBUS PETITION FOR TURNOVER ORDER AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME mailed to HAVANATUR, S.A., CALLE 8 NO. 56 E/1RA.Y 3RA., REPARTO VISTA ALEGRE, SANTIAGO DE CUBA, CUBA on 5/1/2014 by DHL tracking # 47 0917 6091, as per #573 Clerk Certificate of Mailing, RECEIVED ON: 5/12/2014. (Kaliakina, Tatiana)
May 1, 2014 Opinion or Order CLERK CERTIFICATE OF MAILING RECEIVED for AN ENGLISH-LANGUAGE SUMMONS ISSUED BY THIS COURT, AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; AN ENGLISH-LANGUAGE THIRD-PARTY PETITION ALLEGING CLAIMS IN THE NATURE OF INTERPLEADER FILED BY CITIBANK, N.A., AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME;A CERTIFICATION OF TRANSLATION AS TO THE SUMMONS AND THIRD-PARTY PETITION;AN ENGLISH-LANGUAGE COPY OF THE AMENDED OMNIBUS PETITION FOR TURNOVER ORDER AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME mailed to BANCO NACIONAL DE CUBA, AGUIAR 456 E/ AMARGURA, MUNICIPIO HABANA VIEJA, LA HABANA, CUBA on 5/1/2014 by DHL tracking # 22 6134 5450, as per #583 Clerk Certificate of Mailing, RECEIVED ON: 5/13/2014. (Kaliakina, Tatiana)
May 1, 2014 Opinion or Order CLERK CERTIFICATE OF MAILING RECEIVED for AN ENGLISH-LANGUAGE SUMMONS ISSUED BY THIS COURT, AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; AN ENGLISH-LANGUAGE THIRD-PARTY PETITION ALLEGING CLAIMS IN THE NATURE OF INTERPLEADER FILED BY WELLS FARGO BANK, N.A., AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; A CERTIFICATION OF TRANSLATION AS TO THE SUMMONS AND THIRD-PARTY PETITION;AN ENGLISH-LANGUAGE COPY OF THE AMENDED OMNIBUS PETITION FOR TURNOVER ORDER AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME mailed to CORPORACION HABANOS S.A., 3 RA NO. 2006 E/20 Y 22, MIRAMAR, HAVANA, CUBA on 5/1/2014 by DHL tracking # 47 0912 4685, as per #580 Clerk Certificate of Mailing, RECEIVED ON: 5/9/2014. (Kaliakina, Tatiana)
May 1, 2014 Opinion or Order Filing 599 CLERK CERTIFICATE OF MAILING of one copy of the AN ENGLISH-LANGUAGE SUMMONS ISSUED BY THIS COURT, AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; AN ENGLISH-LANGUAGE "THIRD-PARTY PETITION ALLEGING CLAIMS IN THE NATURE OF INTERPLEADER FILED BY CITIBANK, N.A.," AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; A CERTIFICATION OF TRANSLATION AS TO THE SUMMONS AND THIRD-PARTY PETITION; AN ENGLISH-LANGUAGE COPY OF THE AMENDED OMNIBUS PETITION FOR TURNOVER ORDER AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME mailed to MCV COMERCIAL S.A., INTERSECCION DE VIA BLANCA Y MONUMENTAL, BERROA, HABANA DEL ESTE, CIUDAD DE LA HABANA, CUBA on 5/1/2014 by DHL tracking # 22 6134 9484, to the individual of the foreign state, pursuant to the provisions of FRCP 4(f)2(c)(ii). (Kaliakina, Tatiana)
May 1, 2014 Opinion or Order Filing 593 CLERK CERTIFICATE OF MAILING of one copy of the AN ENGLISH-LANGUAGE SUMMONS ISSUED BY THIS COURT, AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; AN ENGLISH-LANGUAGE "THIRD-PARTY PETITION ALLEGING CLAIMS IN THE NATURE OF INTERPLEADER FILED BY WELLS FARGO BANK, N.A.," AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; A CERTIFICATION OF TRANSLATION AS TO THE SUMMONS AND THIRD-PARTY PETITION; AND AN ENGLISH-LANGUAGE COPY OF THE AMENDED OMNIBUS PETITION FOR TURNOVER ORDER AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME mailed to CUBANA DE AVIACION S.A., CALLE 23 NO 64 ESQ., P INFANTA VEDADO, CIUDAD DE, 10100, LA HABANA, CUBA on 5/1/2014 by DHL tracking # 22 6137 1836, to the head of the agency or instrumentality of the foreign state, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(b)(3)(B). (Kaliakina, Tatiana)
May 1, 2014 Opinion or Order Filing 592 CLERK CERTIFICATE OF MAILING of one copy of the AN ENGLISH-LANGUAGE SUMMONS ISSUED BY THIS COURT, AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; AN ENGLISH-LANGUAGE "THIRD-PARTY PETITION ALLEGING CLAIMS IN THE NATURE OF INTERPLEADER FILED BY JPMORGAN CHASE BANK, N.A.," AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; A CERTIFICATION OF TRANSLATION AS TO THE SUMMONS AND THIRD-PARTY PETITION; AND AN ENGLISH-LANGUAGE COPY OF THE AMENDED OMNIBUS PETITION FOR TURNOVER ORDER AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME mailed to CASA FINANCIERA FENTUR, S.A., 5TA AVE. 4605 ENTRE 46A Y 60 MIRAMAR, MUNICIPIO PLAYA, LA HABANA, CUBA on 5/1/2014 by DHL tracking # 47 0916 2452, to the head of the agency or instrumentality of the foreign state, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(b)(3)(B). (Kaliakina, Tatiana)
May 1, 2014 Opinion or Order Filing 591 CLERK CERTIFICATE OF MAILING of one copy of the NOTICE OF SUIT DATED 4/9/2014, SUMMONS IN A CV ACTION & NOTICE OF PETITION DATED 9/9/13, AMENDED OMNIBUS PETITION FOR TURNOVER ORDER DATED 2/12/14, COPY OF THE FOREIGN SOVEREIGN IMMUNITIES ACT, SPANISH TRANSLATION mailed to MINISTER BRUNO EDUARDO RODRIGUEZ PARRILLA, CUBAN MINISTRY OF FOREIGN AFFAIRS CALZADA # 360, VEDADO, HAVANA CUBA on 5/1/2014 by Federal Express tracking # 8057 7765 8326, to the head of the ministry of foreign affairs, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(a)(3). (Kaliakina, Tatiana)
May 1, 2014 Opinion or Order Filing 584 CLERK CERTIFICATE OF MAILING of one copy of the AN ENGLISH-LANGUAGE SUMMONS ISSUED BY THIS COURT, AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; AN ENGLISH-LANGUAGE "THIRD-PARTY PETITION ALLEGING CLAIMS IN THE NATURE OF INTERPLEADER FILED BY UBS AG," AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; A CERTIFICATION OF TRANSLATION AS TO THE SUMMONS AND THIRD-PARTY PETITION; AN ENGLISH-LANGUAGE COPY OF THE AMENDED OMNIBUS PETITION FOR TURNOVER ORDER AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME mailed to BANCO FINANCIERO INTERNACIONAL S.A., LINEA NO. 1 VEDADO, MUNICIPIO PLAZA, APARTADO 4068, HAVANA, CUBA on 5/1/2014 by DHL tracking # 22 6139 6465, to the head of the agency or instrumentality of the foreign state, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(b)(3)(B). (Kaliakina, Tatiana)
May 1, 2014 Opinion or Order Filing 583 CLERK CERTIFICATE OF MAILING of one copy of the AN ENGLISH-LANGUAGE SUMMONS ISSUED BY THIS COURT, AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; AN ENGLISH-LANGUAGE "THIRD-PARTY PETITION ALLEGING CLAIMS IN THE NATURE OF INTERPLEADER FILED BY CITIBANK, N.A.," AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; A CERTIFICATION OF TRANSLATION AS TO THE SUMMONS AND THIRD-PARTY PETITION; AN ENGLISH-LANGUAGE COPY OF THE AMENDED OMNIBUS PETITION FOR TURNOVER AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME mailed to BANCO NACIONAL DE CUBA, AGUIAR 456 E/ AMARGURA, MUNICIPIO HABANA VIEJA, LA HABANA, CUBA on 5/1/2014 by DHL tracking # 22 6134 5450, to the head of the agency or instrumentality of the foreign state, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(b)(3)(B). (Kaliakina, Tatiana)
May 1, 2014 Opinion or Order Filing 582 CLERK CERTIFICATE OF MAILING of one copy of the AN ENGLISH-LANGUAGE SUMMONS ISSUED BY THIS COURT, AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; AN ENGLISH-LANGUAGE "THIRD-PARTY PETITION ALLEGING CLAIMS IN THE NATURE OF INTERPLEADER FILED BY CITIBANK, N.A.," AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; A CERTIFICATION OF TRANSLATION AS TO THE SUMMONS AND THIRD-PARTY PETITION; AN ENGLISH-LANGUAGE COPY OF THE AMENDED OMNIBUS PETITION FOR TURNOVER ORDER AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME mailed to TECNOIMPORT HAVANA CUBA, AVDA DEL PUERTO 102 JUSTIZ Y OBRAPIA, HAVANA VIEJA, CIUDAD DE HAVANA, CUBA on 5/1/2014 by DHL tracking # 47 0915 9556, to the head of the agency or instrumentality of the foreign state, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(b)(3)(B). (Kaliakina, Tatiana)
May 1, 2014 Opinion or Order Filing 581 CLERK CERTIFICATE OF MAILING of one copy of the AN ENGLISH-LANGUAGE SUMMONS ISSUED BY THIS COURT, AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; AN ENGLISH-LANGUAGE "THIRD-PARTY PETITION ALLEGING CLAIMS IN THE NATURE OF INTERPLEADER FILED BY JPMORGAN CHASE BANK, N.A.," AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; A CERTIFICATION OF TRANSLATION AS TO THE SUMMONS AND THIRD-PARTY PETITION; AN ENGLISH-LANGUAGE COPY OF THE AMENDED OMNIBUS PETITION FOR TURNOVER ORDER AND A SPANISH-LANGUAGE COPY TRANSLATION OF THE SAME mailed to CUBANIQUEL, CALLE 23, NO 55, 8, APDO 6128, HAVANA, CUBA on 5/1/2014 by DHL tracking # 47 0911 9192, to the head of the agency or instrumentality of the foreign state, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(b)(3)(B). (Kaliakina, Tatiana)
May 1, 2014 Opinion or Order Filing 580 CLERK CERTIFICATE OF MAILING of one copy of the AN ENGLISH-LANGUAGE SUMMONS ISSUED BY THIS COURT, AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; AN ENGLISH-LANGUAGE "THIRD-PARTY PETITION ALLEGING CLAIMS IN THE NATURE OF INTERPLEADER FILED BY WELLS FARGO BANK, N.A.," AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; A CERTIFICATION OF TRANSLATION AS TO THE SUMMONS AND THIRD-PARTY PETITION; AN ENGLISH-LANGUAGE COPY OF THE AMENDED OMNIBUS PETITION FOR TURNOVER ORDER AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME mailed to CORPORACION HABANOS S.A., 3RA NO. 2006 E/20 Y 22, MIRAMAR, HAVANA, CUBA on 5/1/2014 by DHL tracking # 47 0912 4685, to the head of the agency or instrumentality of the foreign state, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(b)(3)(B). (Kaliakina, Tatiana)
May 1, 2014 Opinion or Order Filing 578 CLERK CERTIFICATE OF MAILING of one copy of the AN ENGLISH-LANGUAGE SUMMONS ISSUED BY THIS COURT, AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; AN ENGLISH-LANGUAGE "THIRD-PARTY PETITION ALLEGING CLAIMS IN THE NATURE OF INTERPLEADER FILED BY BANK OF AMERICA, N.A.," AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; A CERTIFICATION OF TRANSLATION AS TO THE SUMMONS AND THIRD-PARTY PETITION; AN ENGLISH-LANGUAGE COPY OF THE AMENDED OMNIBUS PETITION FOR TURNOVER ORDER AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME mailed to BANCO INTERNACIONAL DE COMERCIO, 20 DE MAYO Y AYESTARAN, (APARTADO 6113), MUNICIPIO PLAZA, LA HABANA, CUBA on 5/1/2014 by DHL tracking # 22 5960 2133, to the head of the agency or instrumentality of the foreign state, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(b)(3)(B). (Kaliakina, Tatiana)
May 1, 2014 Opinion or Order Filing 577 CLERK CERTIFICATE OF MAILING of one copy of the AN ENGLISH-LANGUAGE SUMMONS ISSUED BY THIS COURT, AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; AN ENGLISH-LANGUAGE "THIRD-PARTY PETITION ALLEGING CLAIMS IN THE NATURE OF INTERPLEADER FILED BY BANK OF AMERICA, N.A.," AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; A CERTIFICATION OF TRANSLATION AS TO THE SUMMONS AND THIRD-PARTY PETITION; AN ENGLISH-LANGUAGE COPY OF THE AMENDED AMNIBUS PETITION FOR TURNOVER ORDER AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME mailed to HAVANATURM S.A., CALLE 3ERA ESQUINA A 74, REPARTO MIRAMAR, MUNICIPIO PLAYA, HOTEL TRITON, CUBA on 5/1/2014 by DHL tracking # 63 1921 7155, to the individual of the foreign state, pursuant to the provisions of FRCP 4(f)2(c)(ii). (Kaliakina, Tatiana)
May 1, 2014 Opinion or Order Filing 576 CLERK CERTIFICATE OF MAILING of one copy of AN ENGLISH-LANGUGE SUMMONS ISSUED BY THIS COURT, AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; AN ENGLISH-LANGUAGE "THIRD-PARTY PETITION ALLEGING CLAIMS IN THE NATURE OF INTERPLEADER FILED BY CITIBANK, N.A.," AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; A CERTIFICATION OF TRANSLATION AS TO THE SUMMONS AND THIRD-PARTY PETITION; AN ENGLISH-LANGUAGE COPY OF THE AMENDED OMNIBUS PETITION FOR TURNOVER ORDER AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME mailed to CORAL CONTAINER LINES S.A., OFFICIOS NO. 170, P.O. BOX 6755, HABANA, CUBA on 5/1/2014 by DHL tracking # 22 5960 8422, to the individual of the foreign state, pursuant to the provisions of FRCP 4(f)2(c)(ii). (Kaliakina, Tatiana)
May 1, 2014 Opinion or Order Filing 575 CLERK CERTIFICATE OF MAILING of one copy of AN ENGLISH-LANGUGE SUMMONS ISSUED BY THIS COURT, AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; AN ENGLISH-LANGUAGE "THIRD-PARTY PETITION ALLEGING CLAIMS IN THE NATURE OF INTERPLEADER FILED BY CREDIT SUISSE AG," AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; A CERTIFICATION OF TRANSLATION AS TO THE SUMMONS AND THIRD-PARTY PETITION; AN ENGLISH-LANGUAGE COPY OF THE AMENDED OMNIBUS PETITION FOR TURNOVER ORDER AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME mailed to CUBANA DE AVIACION S.A., CALLE 23 NO. 64 ESQ. P INFANTA, VEDADO, CIUDAD DE LA HABANA, CUBA on 5/1/2014 by DHL tracking # to the head of the agency or instrumentality of the foreign state, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(b)(3)(B). (Kaliakina, Tatiana)
May 1, 2014 Opinion or Order Filing 574 CLERK CERTIFICATE OF MAILING of one copy of the AN ENGLISH-LANGUAGE NOTICE OF SUIT PREPARED IN CONFORMITY WITH 22 C.F.R. 93.2, AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; A CERTIFICATION OF TRANSLATION AS TO THE NOTICE OF SUIT; AN ENGLISH-LANGUAGE SUMMONS ISSUED BY THIS COURT, AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; AN ENGLISH-LANGUAGE "THIRD-PARTY PETITION ALLEGING CLAIMS IN THE NATURE OF INTERPLEADER FILED BY JPMORGAN CHASE BANK, N.A.," AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; A CERTIFICATION OF TRANSLATION AS TO THE SUMMONS AND THIRD-PARTY PETITION; AN ENGLISH-LANGUAGE COPY OF THE AMENDED OMNIBUS PETITION FOR TURNOVER ORDER, AND A SPANISH-LANGUAGE COPY OF THE SAME; AN ENGLISH-LANGUAGE COPY OF THE FOREIGN SOVEREIGN IMMUNITIES ACT, 28 U.S.C. 1602-1611, PURSUANT TO 22 C.F.R. 93.2(E) mailed to MINISTRY OF FOREIGN AFFAIRS OF CUBA (CUBA MINREX), AVENIDA DE LOS PRESIDENTES, 10149 HABANA VIEJA, CUBA on 5/1/2014 by DHL tracking # 47 0913 1254, to the head of the ministry of foreign affairs, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(a)(3). (Kaliakina, Tatiana)
May 1, 2014 Opinion or Order Filing 573 CLERK CERTIFICATE OF MAILING of one copy of the AN ENGLISH-LANGUAGE SUMMONS ISSUED BY THIS COURT, AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; AN ENGLISH-LANGUAGE "THIRD-PARTY PETITION ALLEGING CLAIMS IN THE NATURE OF INTERPLEADER FILED BY BANK OF AMERICA, N.A.," AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME; A CERTIFICATION OF TRANSLATION AS TO THE SUMMONS AND THIRD-PARTY PETITION; AN ENGLISH-LANGUAGE COPY OF THE AMENDED OMNIBUS PETITION FOR TURNOVER ORDER AND A SPANISH-LANGUAGE TRANSLATION OF THE SAME mailed to HAVANATUR, S.A., CALLE 8 NO. 56 E/1RA. Y 3RA., REPARTO VISTA ALEGRE, SANTIAGO DE CUBA, CUBA on 5/1/2014 by DHL tracking # 47 0917 6091, to the individual of the foreign state, pursuant to the provisions of FRCP 4(f)2(c)(ii). (Kaliakina, Tatiana)
April 30, 2014 Opinion or Order Filing 550 STIPULATION: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned, as counsel for and on behalf of the parties indicated below, that (1) Respondent Commerzbank AG acknowledges and accepts service of the Third Party Petition Alleging Claims in the Nature of Interpleader (the "Third Party Petition"), dated April 7, 2014, and waives any defense as to the sufficiency of service of process, and (2) the last day for Interpleader Third-Party Respondent Commerzbank AG to respond to the Third Party Petition filed by Respondent-Gamishee and Third Party Petitioner Deutsche Bank Trust Company Americas is hereby extended to and including May 22, 2014. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 4/30/2014) (ajs) Modified on 4/30/2014 (ajs).
April 29, 2014 Opinion or Order Filing 549 NOTICE OF APPEARANCE by Daniel Taylor Young on behalf of Bank of America, N.A., Barclays Bank PLC, Citibank, N.A., Credit Suisse AG, New York Branch, Intesa Sanpaolo S.p.A., JPMorgan Chase Bank, N.A.,, UBS AG, Wells Fargo Bank, N.A.. (Young, Daniel)
April 28, 2014 Opinion or Order CLERK CERTIFICATE OF MAILING RECEIVED for NOTICE OF SUIT DATED 4/9/2014; SUMMONS IN A CIVIL ACTION AND NOTICE OF PETITION DATED 12/9/2013; AMENDED OMNIBUS PETITION FOR TURNOVER ORDER DATED 2/12/2014; COPY OF THE FOREIGN SOVERIGN IMMUNITIES ACT (INCLUDING BOTH 28 U.S.C. 1605 (A) (7) AND 28 U.S.C. 1605A); SPANISH TRANSLATION mailed to MINISTER BRUNO EDUARDO RODRIGUEZ PARRILLA, CUBAN MINISTRY OF FOREIGN AFFAIRS, CALZADA NO. 360, VEDADO, HAVANA, CUBA on 4/28/2014 by DHL tracking # 63 6076 5714, as per #594 Clerk Certificate of Mailing, RECEIVED ON: 5/8/2014. (Kaliakina, Tatiana)
April 28, 2014 Opinion or Order Filing 594 CLERK CERTIFICATE OF MAILING of one copy of the NOTICE OF SUIT DATED APRIL 9, 2014; SUMMONS IN A CIVIL ACTION AND NOTICE OF PETITION DATED SEPTEMBER 9, 2013;AMENDED OMNIBUS PETITION FOR TURNOVER ORDER DATED FEB. 12, 2014; COPY OF THE FOREIGN SOVERIGN IMMUNITIES ACT (INCLUDING BOTH 28 U.S.C. 1605 (A) (7) AND 28 U.S.C. 1605 A); SPANISH TRANSLATION mailed to MINISTER BRUNO EDUARDO RODRIGUEZ PARRILLA, CUBAN MINISTRY OF FOREIGN AFFAIRS, CALZADA NO. 360, VEDADO, HAVANA, CUBA on 4/28/2014 by DHL tracking # 63 6076 5714, to the head of the ministry of foreign affairs, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(a)(3). (Kaliakina, Tatiana)
April 28, 2014 Opinion or Order Filing 548 AFFIDAVIT OF SERVICE of Summons, Notice of Third Party Petition, Third Party Petition served on Commerzbank AG on April 14, 2014. Document filed by Deutsche Bank Trust Company Americas. (Gimbel, Mark)
April 28, 2014 Opinion or Order Filing 547 REPLY re: #447 Response to Motion,, . Document filed by Aldo Vera, Jr. (Swift, Robert)
April 28, 2014 Opinion or Order Filing 546 CERTIFICATE OF SERVICE of Notice of Proceeding, Notice Order for Turnover Proceedings, Amended Omnibus Petition for Turnover served on Bank of Cyprus Group Headquarters on April 3, 2014. Document filed by Deutsche Bank Trust Company Americas. (Gimbel, Mark)
April 28, 2014 Opinion or Order Filing 545 REPLY re: #446 Response to Motion,, . Document filed by Aldo Vera, Jr. (Swift, Robert)
April 28, 2014 Opinion or Order Filing 544 RESPONSE re: #442 Response ., REPLY . Document filed by Aldo Vera, Jr. (Swift, Robert)
April 28, 2014 Opinion or Order Filing 543 CERTIFICATE OF SERVICE of Notice of Proceeding, Notice Order for Turnover Proceedings, Amended Omnibus Petition for Turnover served on Bank of Cyprus, International Banking Services on April 3, 2014. Document filed by Deutsche Bank Trust Company Americas. (Gimbel, Mark)
April 28, 2014 Opinion or Order Filing 542 REPLY re: #448 Response to Motion,,, . Document filed by Aldo Vera, Jr. (Swift, Robert)
April 28, 2014 Opinion or Order Filing 541 CERTIFICATE OF SERVICE of Notice of Proceeding, Notice Order for Turnover Proceedings, Amended Omnibus Petition for Turnover served on Commerzbank AG on April 3, 2014. Document filed by Deutsche Bank Trust Company Americas. (Gimbel, Mark)
April 28, 2014 Opinion or Order Filing 540 CERTIFICATE OF SERVICE of Notice of Proceeding, Notice Order for Turnover Proceedings, Amended Omnibus Petition for Turnover served on Commerzbank AG on April 3, 2014. Document filed by Deutsche Bank Trust Company Americas. (Gimbel, Mark)
April 28, 2014 Opinion or Order Filing 539 CERTIFICATE OF SERVICE of Notice of Proceeding, Notice Order for Turnover Proceedings, Amended Omnibus Petition for Turnover served on Consulate of Cuba in Barcelona on April 3, 2014. Document filed by Deutsche Bank Trust Company Americas. (Gimbel, Mark)
April 28, 2014 Opinion or Order Filing 538 CERTIFICATE OF SERVICE of Notice of Proceeding, Notice Order for Turnover Proceedings, Amended Omnibus Petition for Turnover served on Cuban Medical Brigade on April 3, 2014. Document filed by Deutsche Bank Trust Company Americas. (Gimbel, Mark)
April 28, 2014 Opinion or Order Filing 537 CERTIFICATE OF SERVICE of Notice of Proceeding, Notice Order for Turnover Proceedings, Amended Omnibus Petition for Turnover served on Ciudad Grupo Santander on April 3, 2014. Document filed by Deutsche Bank Trust Company Americas. (Gimbel, Mark)
April 28, 2014 Opinion or Order Filing 536 CERTIFICATE OF SERVICE of Notice of Proceeding, Notice Order for Turnover Proceedings, Amended Omnibus Petition for Turnover served on Embassy of Cuba in Athens on April 3, 2014. Document filed by Deutsche Bank Trust Company Americas. (Gimbel, Mark)
April 28, 2014 Opinion or Order Filing 535 CERTIFICATE OF SERVICE of Notice of Proceeding, Notice Order for Turnover Proceedings, Amended Omnibus Petition for Turnover served on Empresa Consignataria Mambisa on April 1, 2014. Document filed by Deutsche Bank Trust Company Americas. (Gimbel, Mark)
April 28, 2014 Opinion or Order Filing 534 CERTIFICATE OF SERVICE of Notice of Proceeding, Notice Order for Turnover Proceedings, Amended Omnibus Petition for Turnover served on National Bank of Greece RCC Division Reconciliation Department on April 3, 2014. Document filed by Deutsche Bank Trust Company Americas. (Gimbel, Mark)
April 28, 2014 Opinion or Order Filing 533 CERTIFICATE OF SERVICE of Notice of Proceeding, Notice Order for Turnover Proceedings, Amended Omnibus Petition for Turnover served on National Bank of Greece S.A. on April 3, 2014. Document filed by Deutsche Bank Trust Company Americas. (Gimbel, Mark)
April 28, 2014 Opinion or Order Filing 532 CERTIFICATE OF SERVICE of Notice of Proceeding, Notice Order for Turnover Proceedings, Amended Omnibus Petition for Turnover served on Rokel Comm'l Bank (Sierra Leone) LTD on April 9, 2014. Document filed by Deutsche Bank Trust Company Americas. (Gimbel, Mark)
April 28, 2014 Opinion or Order Filing 531 CERTIFICATE OF SERVICE of Notice of Proceeding, Notice Order for Turnover Proceedings, Amended Omnibus Petition for Turnover served on Rokel Comm'l Bank (Sierra Leone) LTD on April 3, 2014. Document filed by Deutsche Bank Trust Company Americas. (Gimbel, Mark)
April 28, 2014 Opinion or Order Filing 530 CERTIFICATE OF SERVICE of Notice of Proceeding, Notice Order for Turnover Proceedings, Amended Omnibus Petition for Turnover served on Commerzbank AG on April 3, 2014. Document filed by Deutsche Bank Trust Company Americas. (Gimbel, Mark)
April 28, 2014 Opinion or Order Filing 529 CERTIFICATE OF SERVICE of Notice of Proceeding, Notice Order for Turnover Proceedings, Amended Omnibus Petition for Turnover served on Commerzbank AG on April 7, 2014. Document filed by Deutsche Bank Trust Company Americas. (Gimbel, Mark)
April 28, 2014 Opinion or Order Filing 528 STIPULATION EXTENDING TIME TO FILE THIRD-PARTY PETITIONS ALLEGING CLAIMS IN THE NATURE OF INTERPLEADER WITH RESPECT TO NON-EFT ACCOUNTS: The deadline for Citibank and JPM Chase to file third-party petitions alleging claims in the nature of interpleader as to the Non-EFT Accounts identified in Schedule C to Exhibits 5 and 10, respectively, to the Amended Turnover Petition is hereby extended through and including May 1, 2014. (Signed by Judge Alvin K. Hellerstein on 4/28/2014) (ajs)
April 25, 2014 Opinion or Order Filing 527 STIPULATION EXTENDING TIME TO FILE THIRD-PARTY PETITIONS ALLEGING CLAIMS IN THE NATURE OF INTERPLEADER WITH RESPECT TO NON-EFT ACCOUNTS: The deadline for Citibank and JPM Chase to file third-party petitions alleging claims in the nature of interpleader as to the Non-EFT Accounts identified in Schedule C to Exhibits 5 and 10, respectively, to the Amended Turnover Petition is hereby extended through and including May 1, 2014. (Signed by Judge Alvin K. Hellerstein on 4/25/2014) (ajs) Modified on 4/28/2014 (ajs).
April 23, 2014 Opinion or Order Filing 525 ELECTRONIC SUMMONS ISSUED as to Aldo Vera, Jr., Alfredo Villoldo, Banco Financiero Internacional S.A., Gustavo E. Villoldo, Jeannette Fuller Hausler, William Fuller. (jom)
April 23, 2014 Opinion or Order Filing 524 ELECTRONIC SUMMONS ISSUED as to Aldo Vera, Jr., Alfredo Villoldo, Banca Monte dei Paschi di Siena S.p.A., Banco Nacional de Cuba, Coral Container Lines S.A., William Fuller, Gustavo E. Villoldo, Jeannette Fuller Hausler, ING Bank N.V., Linshang Bank Co., Ltd., MCV Comercial S.A., Tecnoimport Havana Cuba, Alfredo Villoldo, Alfredo Villoldo(Individually), Gustavo E. Villoldo, Gustavo Villoldo. (laq)
April 22, 2014 Opinion or Order Filing 521 ACKNOWLEDGMENT OF SERVICE of Third -Party Petition Alleging Claims in the Nature of Interpleader and The Summons on Third Party Complaint served on ING Bank France, succursale de ING Bank N.V. on 5/29/2014 (Service deemed completed on this date), Answer Due by 6/19/2014. Service was accepted by Joseph E. Neuhaus, Esq. of The Law Firm of Sullivan and Cromwell. Document filed by HSBC Bank USA, N.A.. (Stecker, Paul)
April 21, 2014 Opinion or Order CLERK CERTIFICATE OF MAILING RECEIVED for AMENDED OMNIBUS PETITION FOR TURNOVER ORDER; NOTICE OF PROCEEDING INFORMATION SHEET IDENTIFYING BLOCKED WIRE TRANSFER; AMENDED NOTICE ORDER; SPANISH TRANSLATION; TRANSLATOR CERTIFYING THE TRANSLATION mailed to BANCO EXTERIOR DE CUBA, CALLE 23 NO 55 ESQ AP VEDADO MUNICIPIO PLAZA, 10100 LA HABANA, CUBA on 4/21/2014 by DHL tracking # 17 7301 8730, as per #520 Clerk Certificate of Mailing, RECEIVED ON: 4/28/2014. (Kaliakina, Tatiana)
April 21, 2014 Opinion or Order Filing 520 CLERK CERTIFICATE OF MAILING of one copy of the AMENDED OMNIBUS PETITION FOR TURNOVER ORDER, NOTICE OF PROCEEDING, INFORMATION SHEET IDENTIFYING THE BLOCKED WIRE TRANSFER, AMENDED NOTICE ORDER, SPANISH TRANSLATION OF DOCUMENTS, DECLARATION OF TRANSLATION CERTIFIED mailed to BANCO EXTERIOR DE CUBA, CALLE 23 NO. 55 ESQ AP VEDADO MINICIPIO PLAZA, 10100 LA HABANA CUBA on 4/21/2014 by DHL tracking # 17 7301 8730, to the head of the agency or instrumentality of the foreign state, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(b)(3)(B). (jvs)
April 21, 2014 Opinion or Order Filing 519 ELECTRONIC SUMMONS ISSUED as to BBVA Bancomer, S.A., Casa Financiera Fintur S.A., Corporacion Habanos, S.A., Cubana de Aviacion S.A., Cubanacan Negocios Mexico, S.A. de C.V., ING Bank N.V., ING Bank N.V. (Curacao), Inkombank, JSC Zarubezhtsvetmet, Fennina Jamel, National Bank of Canada, Niref B.V., SBH Tabac EURL (a/k/a La Casa Del Habano), The Windward Islands Bank Ltd., VTB Bank (a/k/a Bank for Foreign Trade of the Russian Federation). (cde)
April 18, 2014 Opinion or Order Filing 518 SEALED DOCUMENT placed in vault.(nm)
April 18, 2014 Opinion or Order Filing 517 REQUEST FOR ISSUANCE OF SUMMONS as to SBH Tabac EURL (a/k/a La Casa del Habano); Corporacion Habanos S.A.; The Windward Islands Bank Ltd.; Fennina Jamel; Cubana de Aviacion S.A.; BBVA Bancomer, S.A.; National Bank of Canada; Cubanacan Negocios Mexico S.A. de C.V.; ING Bank N.V. (Curacao); ING Bank N.V.; Casa Financiera Fintur S.A.; Niref B.V.; VTB Bank (a/k/a Bank for Foreign Trade of the Russian Federation); JSC Zarubezhtsvetmet; Inkombank, re: #516 Third Party Complaint,,. Document filed by Bank of New York Mellon. (Feit, Gregory)
April 18, 2014 Opinion or Order Filing 516 THIRD PARTY COMPLAINT against William Fuller, Jeanette Fuller Hausler, Aldo Vera, Jr, Alfredo Villoldo, Gustavo Villoldo(and as Administrator, Executor, and Personal Representative of the Estate of Gustavo Villoldo Argilagos), SBH Tabac EURL (a/k/a La Casa Del Habano), Corporacion Habanos, S.A., The Windward Islands Bank Ltd., Fennina Jamel, BBVA Bancomer, S.A., Cubana de Aviacion S.A., National Bank of Canada, Cubanacan Negocios Mexico, S.A. de C.V., ING Bank N.V. (Curacao), ING Bank N.V., Casa Financiera Fintur S.A., Niref B.V., VTB Bank (a/k/a Bank for Foreign Trade of the Russian Federation), Inkombank, JSC Zarubezhtsvetmet.Document filed by Bank of New York Mellon. (Attachments: #1 Exhibit A, #2 Exhibit B)(Feit, Gregory)
April 18, 2014 Opinion or Order Filing 514 ELECTRONIC SUMMONS ISSUED as to Aldo Vera, Jr., Alfredo Villoldo, Banco Espaol De Credito (Banesto), Banco Popular Espaol S.A., Banco Sudameris Brazil, Ciliberti Santina, Commerzbank AG, Corporacin Habanos S.A., Cubana De Aviacion S.A., Cubanacan Comercio Internacional LTDA, Gustavo E. Villoldo, Havana Holdings Limited, ING Bank N.V., Jeannette Fuller Hausler, Netherlands Caribbean Bank N.V., Royal Bank of Scotland International Ltd, William Fuller. (lcu)
April 17, 2014 Opinion or Order CLERK CERTIFICATE OF MAILING RECEIVED for AMENDED OMNIBUS PETITION FOR TURNOVER ORDER; NOTICE OF PROCEEDINGS; INFORMATION SHEET IDENTIFYING THE BLOCKED WIRE TRABSFER; AMENDED NOTICE ORDER; SPANISH TRANSLATION; DECLARATION PROVIDED BY TRANSLATOR CERTIFYING THE TRANSLATION mailed to HOTEL SOL PALMERAS, CARRETERA DE LAS MORLAS, 42200, VARADERA, CUBA on 4/17/2014 by DHL tracking # 17 7305 2234, as per #588 Clerk Certificate of Mailing, RECEIVED ON: 4/25/2014. (Kaliakina, Tatiana)
April 17, 2014 Opinion or Order CLERK CERTIFICATE OF MAILING RECEIVED for AMENDED OMNIBUS PETITION FOR TURNOVER ORDER; NOTICE OF PROCEEDINGS; INFORMATION SHEET IDENTIFYING THE BLOCKED WIRE TRANSFER; AMENDED NOTICE ORDER; SPANISH TRANSLATION; DECLARATION PROVIDED BY TRANSLATOR CERTIFYING THE TRANSLATION mailed to BOUYGUES BATIMENT (CUBA) CENTRO DE NEGOCIOS MIRAMAR, 4TO PISO OFICINA NO 412, 5TA AVE S/NE/76 Y 78, 10200 MIRAMAR PLAYA, LA HAVANA, CUBA on 4/17/2014 by DHL tracking # 17 7301 0131, as per #585 Clerk Certificate of Mailing, RECEIVED ON: 4/28/2014. (Kaliakina, Tatiana)
April 17, 2014 Opinion or Order CLERK CERTIFICATE OF MAILING RECEIVED for AMENDED OMNIBUS PETITION FOR TURNOVER ORDER; NOTICE OF PROCEEDINGS; INFORMATION SHEET IDENTIFYING THE BLOCKED WIRE TRANSFER; AMENDED NOTICE ORDER; SPANISH TRANSLATION; DECLARATION PROVIDED BY TRANSLATOR CERTIFYING THE TRANSLATION mailed to ZENECA INTERNATIONAL LIMITED CALLE 4 NO 715 ENTRE 7MA Y 6 MIRAMAR ZONA 16 on 4/17/2014 by DHL tracking # 17 7297 8830, as per #513 Clerk Certificate of Mailing, RECEIVED ON: 4/25/2014. (Kaliakina, Tatiana)
April 17, 2014 Opinion or Order CLERK CERTIFICATE OF MAILING RECEIVED for AMENDED OMNIBUS PETITION FOR TURNOVER ORDER; NOTICE OF PROCEEDINGS; INFORMATION SHEET IDENTIFYING THE BLOCKED WIRE TRANSFER; AMENDED NOTICE ORDER; SPANISH TRANSLATION; DECLARATION PROVIDED BY TRANSLATOR CERTIFYING THE TRANSLATION mailed to EES EMPRESA GEOMINERA, CARRERERA DE SIBONEY, KM 2 1/2 ALTUIRAS DE SAN JUAN, 90100, SANTIAGO DE CUBA, CUBA on 4/17/2014 by DHL tracking # 17 7308 0002, as per #587 Clerk Certificate of Mailing, RECEIVED ON: 5/29/2014. (Kaliakina, Tatiana)
April 17, 2014 Opinion or Order CLERK CERTIFICATE OF MAILING RECEIVED for AMENDED OMNIBUS PETITION FOR TURNOVER ORDER; NOTICE OF PROCEEDINGS; INFORMATION SHEET IDENTIFYING THE BLOCKED WIRE TRANSFER; AMENDED NOTICE ORDER; SPANISH TRANSLATION; DECLARATION PROVIDED BY TRANSLATOR CERTIFYING THE TRANSLATION mailed to CON-IMPEX GMBH, 5TA AVENIDA E 76 Y 78, EDIFICIO SANTIAGO OFICINA 302, 11300, PLAYA, LA HABANA, CUBA on 4/17/2014 by DHL tracking # 17 7307 5872, as per #589 Clerk Certificate of Mailing, RECEIVED ON: 4/25/2014. (Kaliakina, Tatiana)
April 17, 2014 Opinion or Order CLERK CERTIFICATE OF MAILING RECEIVED for AMENDED OMNIBUS PETITION FOR TURNOVER ORDER; NOTICE OF PROCEEDING; INFORMATION SHEET IDENTIFYING BLOCKED WIRE TRANSFER; AMENDED NOTICE ORDER; SPANISH TRANSLATION; DECLARATION PROVIDED BY TRANSLATOR CERTIFYING THE TRANSLATION mailed to HAVANTUR BENELUX CALLE 3ERA ESQUINA 74 REPARTO MIRMAR HOTEL TRITON MUNICIPIO PLAYA 10100 MIRAMAR CUBA on 4/17/2014 by DHL tracking # 17 7309 7104, as per #510 Clerk Certificate of Mailing, RECEIVED ON: 5/25/2014. (Kaliakina, Tatiana)
April 17, 2014 Opinion or Order CLERK CERTIFICATE OF MAILING RECEIVED for AMENDED OMNIBUS PETITION FOR TURNOVER ORDER; NOTICE OF PROCEEDING; INFORMATION SHEET IDENTIFYING BLOCKED WIRE TRANSFER; AMENDED NOTICE ORDER; SPANISH TRANSLATION; DECLARATION PROVIDED BY TRANSLATOR CERTIFYING THE TRANSLATION mailed to HAVANTUR QUITO ECUARDO 3ERA ESQUINA 74 REPARTO MIRMAR HOTEL TRITON MUNICIPIO PLAYA 10100 MIRAMAR CUBA on 4/17/2014 by DHL tracking # 17 7301 2986, as per #511 Clerk Certificate of Mailing, RECEIVED ON: 4/25/2014. (Kaliakina, Tatiana)
April 17, 2014 Opinion or Order CLERK CERTIFICATE OF MAILING RECEIVED for AMENDED OMNIBUS PETITION FOR TURNOVER ORDER; NOTICE OF PROCEEDING; INFORMATION SHEET IDENTIFYING BLOCKED WIRE TRANSFER; AMENDED NOTICE ORDER, SPANISH TRANSLATION; DECLARATION PROVIDED BY TRANSLATOR CERTIFYING THE TRANSLATION mailed to LABIOFAM S.A. INMOBILARIA SIBONEY PALCO EDIF 1 RA B PISO 11 BLOQUE A & C 10400 PLAZA DE LA REVOLUCION HAVANA CUBA on 4/17/2014 by DHL tracking # 17 7309 1305, as per #512 Clerk Certificate of Mailing, RECEIVED ON: 4/23/2014. (Kaliakina, Tatiana)
April 17, 2014 Opinion or Order Filing 590 CLERK CERTIFICATE OF MAILING of one copy of the AMENDED OMNIBUS PETITION FOR TURNOVER ORDER, NOTICE OF PROCEEDINGS, INFORMATION SHEET IDENTIFYING THE BLOCKED WIRE TRANSFER, AMENDED NOTICE ORDER, SPANISH TRANSLATION, DECLARATION PROVIDED BY TRANSLATOR CERTIFYING THE TRANSLATION mailed to CORAL CONATAINER, S.A., CALLE OF 170, PISO 1, 10100, HABANA VIEJA, HABANA, CUBA on 4/17/2014 by DHL tracking # 17 1300 4892, to the individual of the foreign state, pursuant to the provisions of FRCP 4(f)2(c)(ii). (Kaliakina, Tatiana)
April 17, 2014 Opinion or Order Filing 589 CLERK CERTIFICATE OF MAILING of one copy of the AMENDED OMNIBUS PETITION FOR TURNOVER ORDER, NOTICE OF PROCEEDINGS, INFORMATION SHEET IDENTIFYING THE BLOCKED WIRE TRANSFER, AMENDED NOTICE ORDER, SPANISH TRANSLATION, DECLARATION PROVIDED BY TRANSLATOR CERTIFYING THE TRANSLATION mailed to CON-IMPEX GMBH, 5TA AVENIDA E 76 Y 78, EDIFICIO SANTIAGO OFICINA 302, 11300, PLAYA, LA HABANA, CUBA on 4/17/2014 by DHL tracking # 17 7307 5872, to the individual of the foreign state, pursuant to the provisions of FRCP 4(f)2(c)(ii). (Kaliakina, Tatiana)
April 17, 2014 Opinion or Order Filing 588 CLERK CERTIFICATE OF MAILING of one copy of the AMENDED OMNIBUS PETITION FOR TURNOVER ORDER, NOTICE OF PROCEEDINGS, INFORMATION SHEET IDENTIFYING THE BLOCKED WIRE TRANSFER, AMENDED NOTICE ORDER, SPANISH TRANSLATION, DECLARATION PROVIDED BY TRANSLATOR CERTIFYING THE TRANSLATION mailed to HOTEL SOL PALMERAS, CARRETERA DE LAS MORLAS, 42200, VARADERA, CUBA on 4/17/2014 by DHL tracking # 17 7305 2234, to the individual of the foreign state, pursuant to the provisions of FRCP 4(f)2(c)(ii). (Kaliakina, Tatiana)
April 17, 2014 Opinion or Order Filing 587 CLERK CERTIFICATE OF MAILING of one copy of the AMENDED OMNIBUS PETITION FOR TURNOVER ORDER, NOTICE OF PROCEEDINGS, INFORMATION SHEET IDENTIFYING THE BLOCKED WIRE TRANSFER, AMENDED NOTICE ORDER, SPANISH TRANSLATION, DECLARATION PROVIDED BY TRANSLATOR CERTIFYING THE TRANSLATION mailed to EES EMPRESA GEOMINERA, CARRERERA DE SIBONEY, KM 2 1/2 ALTUIRAS DE SAN JUAN, 90100, SANTIAGO DE CUBA, CUBA on 4/17/2014 by DHL tracking # 17 7308 0002, to the individual of the foreign state, pursuant to the provisions of FRCP 4(f)2(c)(ii). (Kaliakina, Tatiana)
April 17, 2014 Opinion or Order Filing 586 CLERK CERTIFICATE OF MAILING of one copy of the AMENDED OMNIBUS PETITION FOR TURNOVER ORDER, NOTICE OF PROCEEDINGS, INFORMATION SHEET IDENTIFYING THE BLOCKED WIRE TRANSFER, AMENDED NOTICE ORDER, SPANISH TRANSLATION, DECLARATION PROVIDED BY TRANSLATOR CERTIFYING THE TRANSLATION mailed to MCV COMMERCIAL S.A., INSTERSECCION DE VIA BLANCA Y MONUMENTAL BERRO 10100, HABANA DEL ESTE, HABANA, CUBA on 4/17/2014 by DHL tracking # 17 7300 0703, to the individual of the foreign state, pursuant to the provisions of FRCP 4(f)2(c)(ii). (Kaliakina, Tatiana)
April 17, 2014 Opinion or Order Filing 585 CLERK CERTIFICATE OF MAILING of one copy of the AMENDED OMNIBUS PETITION FOR TURNOVER ORDER, NOTICE OF PROCEEDINGS, INFORMATION SHEET IDENTIFYING THE BLOCKED WIRE TRANSFER, AMENDED NOTICE ORDER, SPANISH TRANSLATION, DECLARATION PROVIDED BY TRANSLATOR CERTIFYING THE TRANSLATION mailed to BOUYGUES BATIMENT (CUBA), CENTRO DE NEGOCIOS MIRAMAR, 4TO PISO OFICINA NO 412, 5TA AVE S/NE/76 Y 78 10200, MIRAMAR PLAYA, LA HAVANE, CUBA on 4/17/2014 by DHL tracking # 17 7301 0131, to the individual of the foreign state, pursuant to the provisions of FRCP 4(f)2(c)(ii). (Kaliakina, Tatiana)
April 16, 2014 Opinion or Order CLERK CERTIFICATE OF MAILING RECEIVED for AMENDED OMNIBUS PETITION FOR TURNOVER ORDER; NOTICE OF PROCEEDING; INFORMATION SHEET IDENTIFYING BLOCKED WIRE TRANSFER; AMENDED NOTICE ORDER; SPANISH TRANSLATION; DECLARATION PROVIDED BY TRANSLATOR CERTIFYING THE TRANSLATION mailed to CABAZUCAR, CALLE 23 NO 55, 7 MO PISO, MUNICIPIO PLAZA, 10100, HABANA VIEJA, CUBA on 4/16/2014 by DHL tracking # 17 7307 8182, as per #500 Clerk Certificate of Mailing, RECEIVED ON: 4/23/2014. (Kaliakina, Tatiana)
April 16, 2014 Opinion or Order CLERK CERTIFICATE OF MAILING RECEIVED for AMENDED OMNIBUS PETITION FOR TURNOVER ORDER; NOTICE OF PROCEEDING; INFORMATION SHEET IDENTIFYING BLOCKED WIRE TRANSFER; AMENDED NOTICE ORDER; SPANISH TRANSLATION; DECLARATION PROVIDED BY TRANSLATOR CERTIFYING THE TRANSLATION mailed to SUCHEL LEVER CALZADA VARONA NO 85E INDEPENCIA Y 3 PALMAS RPTO CAPDEVILA 10100 BOYEROS LA HABANA CUBA on 4/16/2014 by DHL tracking # 17 7298 8770, as per #509 Clerk Certificate of Mailing, RECEIVED ON: 4/23/2014. (Kaliakina, Tatiana)
April 16, 2014 Opinion or Order CLERK CERTIFICATE OF MAILING RECEIVED for AMENDED OMNIBUS PETITION FOR TURNOVER ORDER; NOTICE OF PROCEEDING; INFORMATION SHWEET IDENTIFYING BLOCKED WIRE TRANSFER;AMENDED NOTICE ORDER; SPANISH TRANSLATION; DECLARATION PROVIDED BY TRANSLATOR CERTIFYING THE TRANSLATION mailed to QUIMIMPORT 23 NO. 55 VERDADO 10400 HAVANA CITY CUBA on 4/16/2014 by DHL tracking # 17 7298 8770, as per #508 Clerk Certificate of Mailing, RECEIVED ON: 4/23/2014. (Kaliakina, Tatiana)
April 16, 2014 Opinion or Order CLERK CERTIFICATE OF MAILING RECEIVED for AMENDED OMNIBUS PETITION FOR TURNOVER ORDER; NOTICE OF PROCEEDING; INFORMATION SHEET IDENTIFYING BLOCKED WIRE TRANSFER; AMENDED NOTICE ORDER; SPANISH TRANSLATION; DECLARATION PROVIDED BY TRANSLATOR CERTIFYING THE TRANSLATION mailed to EMPRES DE NIQUEL COMANDANTE ERNESTO CHE GUEVARA CARRETERA MOA BARAOCA 5KM 10100 HOLGUA-N-PUNTA MOA, HOLGUAN CUBA on 4/16/2014 by DHL tracking # 17 7308 3211, as per #503 Clerk Certificate of Mailing, RECEIVED ON: 4/23/2014. (Kaliakina, Tatiana)
April 16, 2014 Opinion or Order CLERK CERTIFICATE OF MAILING RECEIVED for AMENDED OMNIBUS PETITION FOR TIRNOVER ORDER; NOTICE OF PROCEEDING; INFORMATION SHEET IDENTIFYING BLOCKED WIRE TRANSFER; AMENDED NOTICE ORDER; SPANISH TRANSLATION; DECLARATION PROVIDED BY TRANSLATOR CERTIFYING THE TRANSLATION mailed to CUBAZUCAR, CALLE 23 NO 35 VEDADO 10100, HABANA VIEJA, HAVANA CUBA on 4/16/2014 by DHL tracking # 17 7299 6503, as per #501 Clerk Certificate of Mailing, RECEIVED ON: 4/23/2014. (Kaliakina, Tatiana)
April 16, 2014 Opinion or Order CLERK CERTIFICATE OF MAILING RECEIVED for AMENDED OMNIBUS PETITION FOR TURNOVER ORDER; NOTICE OF PROCEEDING; INFORMATION SHEET IDENTIFYING BLOCKED WIRE TRANSFER; AMENDED NOTICE ORDER; SPANISH TRANSLATION; DECLARATION PROVIDED BY TRANSLATOR CERTIFYING THE TRANSLATION mailed to FARMACUBA SRL CALLE 70 NO 29B14 E/ 29B Y 29C MUNICIPIO PLAYA 10100, LA HABANA CUBA on 4/16/2014 by DHL tracking # 17 7303 1142, as per #504 Clerk Certificate of Mailing, RECEIVED ON: 4/25/2014. (Kaliakina, Tatiana)
April 16, 2014 Opinion or Order CLERK CERTIFICATE OF MAILING RECEIVED for AMENDED OMNIBUS PETITION FOR TURNOVER ORDER; NOTICE OF PROCEEDING; INFORMATION SHEET IDENTIFYING BLOCKED WIRE TRANSFER; AMENDED NOTICE ORDER; SPANISH TRANSLATION; DECLARATION PROVIDED BY TRANSLATOR CERTIFYING THE TRANSLATION mailed to EMPRESA CONSIGNATARIA NO 65 SAN JOSE STREET 10400, NAVANA CITY CUBA on 4/16/2014 by DHL tracking # 17 7313 1006, as per #502 Clerk Certificate of Mailing, RECEIVED ON: 4/28/2014. (Kaliakina, Tatiana)
April 16, 2014 Opinion or Order CLERK CERTIFICATE OF MAILING RECEIVED for AMENDED OMNIBUS PETITION FOR TURNOVER ORDER; NOTICE OF PROCEEDING; INFORMATION SHEET IDENTIFYING BLOCKED WIRE TRANSFER; AMENDED NOTICE ORDER; SPANISH TRANSLATION; DECLARATION PROVIDED BY TRANSLATOR CERTIFYING THE TRANSLATION mailed to NETHERLANDS CARRIBEAN BANK NV OFICINA DE REPRESENTACION 5TA AVE NO 6407 ESQ 66 MIRMAR 10100 MUNICIPIO PLAZA LA HABANA CUBA on 4/16/2014 by DHL tracking # 17 7246 2952, as per #507 Clerk Certificate of Mailing, RECEIVED ON: 5/26/2014. (Kaliakina, Tatiana)
April 16, 2014 Opinion or Order CLERK CERTIFICATE OF MAILING RECEIVED for AMENDED OMNIBUS PETITION FOR TURNOVER ORDER; NOTICE OF PROCEEDING; INFORMATION SHEET IDENTIFYING BLOCKED WIRE TRANSFER; AMENDED NOTICE ORDER; SPANISH TRANSLATION; DECLARATION PROVIDED BY TRANSLATOR CERTIFYING THE TRANSLATION mailed to FERTITUR HAVANATUR QUITO ECUADOR CALLE 20 ESQUINA 7MA EDIFICIO MIRMAR LOCAL 108 OFICINA F CUIBAR 10100 MIRAMAR PLAYA CUBA on 4/16/2014 by DHL tracking # 17 7298 1965, as per #506 Clerk Certificate of Mailing, RECEIVED ON: 4/23/2014. (Kaliakina, Tatiana)
April 16, 2014 Opinion or Order CLERK CERTIFICATE OF MAILING RECEIVED for AMENDED OMNIBUS PETITION FOR TURNOVER ORDER; NOTICE OF PROCEEDING; INFORMATION SHEET IDENTIFYING BLOCKED WIRE TRANSFER; AMENDED NOTICE ORDER; SPANISH TRANSLATION; DECLARATION PROVIDED BY TRANSLATOR CERTIFYING THE TRANSLATION mailed to NETHERLANDS CARIBBEAN BANK NV 5TA AVE. NO 6407 ESQ. 66 MIRAMIR 10100, NABANA VIEJA CUBA on 4/16/2014 by DHL tracking # 17 7246 9020, as per #505 Clerk Certificate of Mailing, RECEIVED ON: 5/26/2014. (Kaliakina, Tatiana)
April 16, 2014 Opinion or Order CLERK CERTIFICATE OF MAILING RECEIVED for AMENDED OMNIBUS PETITION FOR TURNOVER ORDER; NOTICE OF PROCEEDING; INFORMATION SHEET IDENTIFYING BLOCKED WIRE TRANSFER; AMENDED NOTICE ORDER; SPANISH TRANSLATION; DECLARATION PROVIDED BY TRANSLATOR CERTIFYING THE TRANSLATION mailed to CUBANA DE AVIACION S.A., CALLE 23 NO 64, ESQ. P INFANTA VEDADO, 10100, HABANA VIEJA, CUBA on 4/16/2014 by DHL tracking # 17 7311 9014, as per #499 Clerk Certificate of Mailing, RECEIVED ON: 4/23/2014. (Kaliakina, Tatiana)
April 16, 2014 Opinion or Order CLERK CERTIFICATE OF MAILING RECEIVED for AMENDED OMNIBUS PETITION FOR TURNOVER ORDER; NOTICE OF PROCEEDING; INFORMATION SHEET IDENTIFYING BLOCKED WIRE TRANSFER; AMENDED NOTICE ORDER; SPANISH TRANSLATION; DECLARATION PROVIDED BY TRANSLATOR CERTIFYING THE TRANSLATION mailed to BANCO POPULAR CALLE 16 # 306 E/ 3RD AND 5TH 10100, MIRAMIR, PLAYA, CIUDAD, LA CUBA on 4/16/2014 by DHL tracking # 17 7304 7172, as per #496 Clerk Certificate of Mailing, RECEIVED ON: 4/25/2014. (Kaliakina, Tatiana)
April 16, 2014 Opinion or Order CLERK CERTIFICATE OF MAILING RECEIVED for AMENDED OMNIBUS PETITION FOR TURNOVER ORDER; NOTICE OF PROCEEDING; INFORMATION SHEET IDENTIFYING BLOCKED WIRE TRANSFER; AMENDED NOTICE ORDER; SPANISH TRANSLATION; DECLARATION PROVIDED PROVIDED BY TRANSLATOR VERTIFYING THE TRANSLATION mailed to CASA DE HABANO NV, 3RA NO. 2006 E/20 Y 22, 10100, MIRAMAR, LA HABANA, CUBA on 4/16/2014 by DHL tracking # 17 7307 4030, as per #497 Clerk Certificate of Mailing, RECEIVED ON: 4/25/2014. (Kaliakina, Tatiana)
April 16, 2014 Opinion or Order CLERK CERTIFICATE OF MAILING RECEIVED for AMENDED OMNIBUS PETITION FOR TURNOVER ORDER; NOTICE OF PROCEEDING; INFORMATION SHEET IDENTIFYING BLOCKED WIRE TRANSFER; AMENDED NOTICE ORDER; SPANISH TRANSLATION; DECLARATION PROVIDED BY TRANSLATOR CERTIFIYING THE TRANSLATION mailed to BRAVA S.A. CALLE 47 NO 815, E CONNILLY Y SANTA ANA, 10100, HABANA VIEJA, CUBA on 4/16/2014 by DHL tracking # 17 7303 1993, as per #495 Clerk Certificate of Mailing, RECEIVED ON: 5/27/2014. (Kaliakina, Tatiana)
April 16, 2014 Opinion or Order CLERK CERTIFICATE OF MAILING RECEIVED for AMENDED OMNIBUS PETITION FOR TURNOVER ORDER; NOTICE OF PROCEEDING; INFORMATION SHEET IDENTIFYING BLOCKED WIRE TRANSFER; AMENDED NOTICE ORDER; SPANISH TRANSLATION; DECLARATION PROVIDED BY TRANSLATOR CERTIFYING THE TRANSLATION mailed to CUBANA DE AVIACION S.A., CALLE 23 NO 64, ESQ. P INFANTA VEDADO, 10100, HABANA VIEJA, CUBA on 4/16/2014 by DHL tracking # 17 7300 5721, as per #498 Clerk Certificate of Mailing, RECEIVED ON: 4/23/2004. (Kaliakina, Tatiana)
April 16, 2014 Opinion or Order Filing 513 CLERK CERTIFICATE OF MAILING of one copy of the AMENDED OMNIBUS PETITION FOR TURNOVER ORDER, NOTICE OF PROCEEDING, INFORMATION SHEET IDENTIFYING THE BLOCKED WIRE TRANSFER, AMENDED NOTICE ORDER, SPANISH TRANSLATION OF DOCUMENTS, DECLARATION OF TRANSLATION CERTIFIED mailed to ZENECA INTERNATIONAL LIMITED CALLE 4 NO 715 ENTRE 7MA Y 6 MIRAMAR ZONA 16 APARTADO 16002 on 4/17/2014 by DHL tracking # 17 7297 8830, to the head of the agency or instrumentality of the foreign state, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(b)(3)(B). (jvs)
April 16, 2014 Opinion or Order Filing 512 CLERK CERTIFICATE OF MAILING of one copy of the AMENDED OMNIBUS PETITION FOR TURNOVER ORDER, NOTICE OF PROCEEDING, INFORMATION SHEET IDENTIFYING THE BLOCKED WIRE TRANSFER, AMENDED NOTICE ORDER, SPANISH TRANSLATION OF DOCUMENTS, DECLARATION OF TRANSLATION CERTIFIED mailed to LABIOFAM S.A. INMOBILARIA SIBONEY PALCO EDIF 1RA B PIAO 11 BLOQUE A & C 10400 PLAZA DE LA REVOLUCION HAVANA CUBA on 4/16/2014 by DHL tracking # 17 7309 1305, to the head of the agency or instrumentality of the foreign state, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(b)(3)(B). (jvs)
April 16, 2014 Opinion or Order Filing 511 CLERK CERTIFICATE OF MAILING of one copy of the AMENDED OMNIBUS PETITION FOR TURNOVER ORDER, NOTICE OF PROCEEDING, INFORMATION SHEET IDENTIFYING THE BLOCKED WIRE TRANSFER, AMENDED NOTICE ORDER, SPANISH TRANSLATION OF DOCUMENTS, DECLARATION OF TRANSLATION CERTIFIED mailed to HAVANTUR QUITO ECUARDO 3ERA ESQUINA 74 REPARTO MIRMAR HOTEL TRITON MUNICIPIO PLAYA 10100 MIRAMAR CUBA on 4/17/2014 by DHL tracking # 17 7301 2986, to the head of the agency or instrumentality of the foreign state, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(b)(3)(B). (jvs)
April 16, 2014 Opinion or Order Filing 510 CLERK CERTIFICATE OF MAILING of one copy of the AMENDED OMNIBUS PETITION FOR TURNOVER ORDER, NOTICE OF PROCEEDING, INFORMATION SHEET IDENTIFYING THE BLOCKED WIRE TRANSFER, AMENDED NOTICE ORDER, SPANISH TRANSLATION OF DOCUMENTS, DECLARATION OF TRANSLATION CERTIFIED mailed to HAVANTUR BENELUX CALLE 3ERA ESQUINA 74 REPARTO MIRMAR HOTEL TRITON MUNICIPIO PLAYA 10100 MIRAMAR CUBA on 4/17/2014 by DHL tracking # 17 7309 7104, to the head of the agency or instrumentality of the foreign state, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(b)(3)(B). (jvs)
April 16, 2014 Opinion or Order Filing 509 CLERK CERTIFICATE OF MAILING of one copy of the AMENDED OMNIBUS PETITION FOR TURNOVER ORDER, NOTICE OF PROCEEDING, INFORMATION SHEET IDENTIFYING THE BLOCKED WIRE TRANSFER, AMENDED NOTICE ORDER, SPANISH TRANSLATION OF DOCUMENTS, DECLARATION OF TRANSLATION CERTIFIED mailed to SUCHEL LEVER CALZADA VARONA NO 85E INDEPENCIA Y 3 PALMAS RPTO CAPDEVILA 10100 BOYEROS LA HABANA CUBA on 4/16/2014 by DHL tracking # 17 7298 8770, to the head of the agency or instrumentality of the foreign state, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(b)(3)(B). (jvs)
April 16, 2014 Opinion or Order Filing 508 CLERK CERTIFICATE OF MAILING of one copy of the QUIMIMPORT mailed to QUIMIMPORT 23 NO. 55 VERDADO 10400 HAVANA CITY CUBA on 4/16/2014 by DHL tracking # 17 7298 8770, to the head of the agency or instrumentality of the foreign state, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(b)(3)(B). (jvs)
April 16, 2014 Opinion or Order Filing 507 CLERK CERTIFICATE OF MAILING of one copy of the AMENDED OMNIBUS PETITION FOR TURNOVER ORDER, NOTICE OF PROCEEDING, INFORMATION SHEET IDENTIFYING THE BLOCKED WIRE TRANSFER, AMENDED NOTICE ORDER, SPANISH TRANSLATION OF DOCUMENTS, DECLARATION OF TRANSLATION CERTIFIED mailed to NETHERLANDS CARRIBEAN BANK NV OFICINA DE REPRESENTACION 5TA AVE NO 6407 ESQ 66 MIRMAR 10100 MUNICIPIO PLAZA LA HABANA CUBA on 4/16/2014 by DHL tracking # 17 7246 2952, to the head of the agency or instrumentality of the foreign state, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(b)(3)(B). (jvs)
April 16, 2014 Opinion or Order Filing 506 CLERK CERTIFICATE OF MAILING of one copy of the AMENDED OMNIBUS PETITION FOR TURNOVER ORDER, NOTICE OF PROCEEDING, INFORMATION SHEET IDENTIFYING THE BLOCKED WIRE TRANSFER, AMENDED NOTICE ORDER, SPANISH TRANSLATION OF DOCUMENTS, DECLARATION OF TRANSLATION CERTIFIED mailed to FERTITUR HAVANATUR QUITO ECUARDO CALLE 20 ESQUINA 7MA EDIFICIO MIRMAR LOCAL 108 OFICINA F CUBAR on 4/16/2014 by DHL tracking # 17 7298 1965, to the head of the agency or instrumentality of the foreign state, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(b)(3)(B). (jvs)
April 16, 2014 Opinion or Order Filing 505 CLERK CERTIFICATE OF MAILING of one copy of the AMENDED OMNIBUS PETITION FOR TURNOVER ORDER, NOTICE OF PROCEEDING, INFORMATION SHEET IDENTIFYING THE BLOCKED WIRE TRANSFER, AMENDED NOTICE ORDER, SPANISH TRANSLATION OF DOCUMENTS, DECLARATION OF TRANSLATION CERTIFIED mailed to NETHERLANDS CARIBBEAN BANK NV 5TA AVE NO. 6407 ESQ. 66 MIRAMIR 10100, HABANA VIEJA CUBA on 4/16/2014 by DHL tracking # 17 7246 9020, to the head of the agency or instrumentality of the foreign state, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(b)(3)(B). (jvs)
April 16, 2014 Opinion or Order Filing 504 CLERK CERTIFICATE OF MAILING of one copy of the AMENDED OMNIBUS PETITION FOR TURNOVER ORDER, NOTICE OF PROCEEDING, INFORMATION SHEET IDENTIFYING THE BLOCKED WIRE TRANSFER, AMENDED NOTICE ORDER, SPANISH TRANSLATION OF DOCUMENTS, DECLARATION OF TRANSLATION CERTIFIED mailed to FARMACUBA SRL CALLE 70NO 29B14 E/ 29B Y 29C MUNICIPIO PLAYA 10100, LA HABANA CUBA on 4/16/2014 by DHL tracking # 17 7303 1142, to the head of the agency or instrumentality of the foreign state, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(b)(3)(B). (jvs)
April 16, 2014 Opinion or Order Filing 503 CLERK CERTIFICATE OF MAILING of one copy of the AMENDED OMNIBUS PETITION FOR TURNOVER ORDER, NOTICE OF PROCEEDING, INFORMATION SHEET IDENTIFYING THE BLOCKED WIRE TRANSFER, AMENDED NOTICE ORDER, SPANISH TRANSLATION OF DOCUMENTS, DECLARATION OF TRANSLATION CERTIFIED mailed to EMPRES DE NIQUEL COMANDANTE ERNESTO CHE GUEVARA CARRETERA MOA BARAOCA 5KM 10100 HOLGUA- N PUNTA GORDA MOA, HOLGUAN CUBA on 4/16/2014 by DHL tracking # 17 7308 3211, to the head of the agency or instrumentality of the foreign state, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(b)(3)(B). (jvs)
April 16, 2014 Opinion or Order Filing 502 CLERK CERTIFICATE OF MAILING of one copy of the AMENDED OMNIBUS PETITION FOR TURNOVER ORDER, NOTICE OF PROCEEDING, INFORMATION SHEET IDENTIFYING THE BLOCKED WIRE TRANSFER, AMENDED NOTICE ORDER, SPANISH TRANSLATION OF DOCUMENTS, DECLARATION OF TRANSLATION CERTIFIED mailed to EMPRESA CONSIGNATARIA NO 65 SAN JOSE STREET 10400 HAVANA CITY CUBA on 4/16/2014 by DHL tracking # 17 7313 1006, to the head of the agency or instrumentality of the foreign state, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(b)(3)(B). (jvs)
April 16, 2014 Opinion or Order Filing 501 CLERK CERTIFICATE OF MAILING of one copy of the AMENDED OMNIBUS PETITION FOR TURNOVER ORDER, NOTICE OF PROCEEDING, INFORMATION SHEET IDENTIFYING THE BLOCKED WIRE TRANSFER, AMENDED NOTICE ORDER, SPANISH TRANSLATION OF DOCUMENTS, DECLARATION OF TRANSLATION CERTIFIED mailed to CUBAZUCZR, CALLE 23 NO 35 VEDADO 10100, HABANA VIEJA, HAVANA CUBA on 4/16/2014 by DHL tracking # 17 7299 6503, to the head of the agency or instrumentality of the foreign state, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(b)(3)(B). (jvs)
April 16, 2014 Opinion or Order Filing 500 CLERK CERTIFICATE OF MAILING of one copy of the AMENDED OMNIBUS PETITION FOR TURNOVER ORDER, NOTICE OF PROCEEDING, INFORMATION SHEET IDENTIFYING THE BLOCKED WIRE TRANSFER, AMENDED NOTICE ORDER, SPANISH TRANSLATION OF DOCUMENTS, DECLARATION OF TRANSLATION CERTIFIED mailed to CUBAZUCAR CALLE 23 NO 55, 7 MO PISO, MUNCIPIO PLAZA, 10100, HABANA VIEJA, CUBA on 4/16/2014 by DHL tracking # 17 7307 8182, to the head of the agency or instrumentality of the foreign state, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(b)(3)(B). (jvs)
April 16, 2014 Opinion or Order Filing 499 CLERK CERTIFICATE OF MAILING of one copy of the AMENDED OMNIBUS PETITION FOR TURNOVER ORDER, NOTICE OF PROCEEDING, INFORMATION SHEET IDENTIFYING THE BLOCKED WIRE TRANSFER, AMENDED NOTICE ORDER, SPANISH TRANSLATION OF DOCUMENTS, DECLARATION OF TRANSLATION CERTIFIED mailed to CUBANA DE AVIACION S.A., CALLE 23 NO. 64, ESQ. P INFANTA VEDADO, 10100, HABANA VIEJA, CUBA on 4/16/2014 by DHL tracking # 17 7311 9014, to the head of the agency or instrumentality of the foreign state, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(b)(3)(B). (jvs)
April 16, 2014 Opinion or Order Filing 498 CLERK CERTIFICATE OF MAILING of one copy of the AMENDED OMNIBUS PETITION FOR TURNOVER ORDER, NOTICE OF PROCEEDING, INFORMATION SHEET IDENTIFYING THE BLOCKED WIRE TRANSFER, AMENDED NOTICE ORDER, SPANISH TRANSLATION OF DOCUMENTS, DECLARATION OF TRANSLATION CERTIFIED mailed to CUBANA DE AVIACION S.A., CALLE 23 NO. 64, ESQ. P INFANTA VEDADO, 10100, HABANA VIEJA, CUBA on 4/16/2014 by DHL tracking # 17 7300 5721, to the head of the agency or instrumentality of the foreign state, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(b)(3)(B). (jvs)
April 16, 2014 Opinion or Order Filing 497 CLERK CERTIFICATE OF MAILING of one copy of the AMENDED OMNIBUS PETITION FOR TURNOVER ORDER, NOTICE OF PROCEEDING, INFORMATION SHEET IDENTIFYING THE BLOCKED WIRE TRANSFER, AMENDED NOTICE ORDER, SPANISH TRANSLATION OF DOCUMENTS, DECLARATION OF TRANSLATION CERTIFIED mailed to CAS DE HABANO NV, 3RA NO. 2006 E/20 Y 22, 10100, MIRAMAR, LA HABANA, CUBA on 4/16/2014 by DHL tracking # 17 7307 4030, to the head of the agency or instrumentality of the foreign state, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(b)(3)(B). (jvs)
April 16, 2014 Opinion or Order Filing 496 CLERK CERTIFICATE OF MAILING of one copy of the AMENDED OMNIBUS PETITION FOR TURNOVER ORDER, NOTICE OF PROCEEDING, INFORMATION SHEET IDENTIFYING THE BLOCKED WIRE TRANSFER, AMENDED NOTICE ORDER, SPANISH TRANSLATION OF DOCUMENTS, DECLARATION OF TRANSLATION CERTIFIED mailed to BANCO POPULAR CALLE 16 # 306 E/ 3RD AND 5TH 10100, MIRAMIR, PLAYA, CIUDAD, LA CUBA on 4/16/2014 by DHL tracking # 17 7304 7172, to the head of the agency or instrumentality of the foreign state, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(b)(3)(B). (jvs)
April 16, 2014 Opinion or Order Filing 495 CLERK CERTIFICATE OF MAILING of one copy of the AMENDED OMNIBUS PETITION FOR TURNOVER ORDER, NOTICE OF PROCEEDING, INFORMATION SHEET IDENTIFYING THE BLOCKED WIRE TRANSFER, AMENDED NOTICE ORDER, SPANISH TRANSLATION OF DOCUMENTS, DECLARATION OF TRANSLATION CERTIFIED mailed to BRAVA S.A. CALLE 47 NO815, E CONNILL Y SANTA ANA, 10100, HABANA VIEJA, CUBA on 4/16/2014 by DHL tracking # 17 7303 1993, to the head of the agency or instrumentality of the foreign state, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(b)(3)(B). (jvs)
April 16, 2014 Opinion or Order Filing 494 CERTIFICATE OF SERVICE of Notice of Proceeding, Amended Omnibus Petition for Turnover Order dated February 12, 2014, Notice Order (as defined) and Information identifying the Blocked Assets as defined by the Notice Order with Spanish translations on Banco served on Deutsche Bank Trust Co. Americas, by Mark P. Gimbel Esq., Covington & Burling LLP, JP Morgan Chase and Chase Manhattan Bank, by James L. Kerr, Esq., Davis Polk & Wardwell LLP and Banco Financiero International (Banco) on 4/3/14 and 4/4/14 on Banco. Service was made by e-mail and DHL on Banco. Document filed by Standard Chartered Bank. (Goodman, Bruce)
April 16, 2014 Opinion or Order Filing 493 CERTIFICATE OF SERVICE of Notice of Proceeding, Amended Omnibus Petition for Turnover Order dated February 12, 2014, Notice Order (as defined) and Information identifying the Blocked Assets as defined by the Notice Order served on Dexia BQE International A Luxembourg, Unicredito Italian SPA, Consolato Generale Di Cuba, Coprova SAS and Servinave CA Two on 4/3/14. Service was made by United Parcel Service. Document filed by Standard Chartered Bank. (Goodman, Bruce)
April 15, 2014 Opinion or Order CLERK CERTIFICATE OF MAILING RECEIVED for AMENDED OMNIBUS PETITION FOR TURNOVER ORDER; NOTICE OF PROCEEDING; INFORMATION SHEET IDENTIFYING THE BLOCKED WIRE TRANSFER; AMENDED NOTICE ORDER; SPANISH TRANSLATION; DECLARATION PROVIDED BY TRANSLATOR CERTIFYING THE TRANSLATION mailed to BANCO INTERNACIONAL DE COMERCIO; 20 DE MAYO Y AYESTARAN, MUNICI[PIO PLAZA, 10100, LA HABANA, CUBA on 4/15/2014 by DHL tracking # 17 7307 2092, as per #490 Clerk Certificate of Mailing, RECEIVED ON: 4/24/2014. (Kaliakina, Tatiana)
April 15, 2014 Opinion or Order CLERK CERTIFICATE OF MAILING RECEIVED for AMENDED OMNIBUS PETITION FOR TURNOVER ORDER; NOTICE OF PROCEEDING; INFORMATION SHEET IDENTIFYING THE BLOCKED WIRE TRANSFER; AMENDED NOTICE ORDER; SPANISH TRANSLATION; DECLARATION PROVIDED BY TRANSLATOR CERTIFYING THE TRANSLATION mailed to BANCO NACIONAL DE CUBA, AGUIAR 456 E, AMARAGURA Y LAMPARILLA, 10100, HABANA VIEJA, CUBA on 4/15/2014 by DHL tracking # 17 7298 8534, as per #491 Clerk Certificate of Mailing, RECEIVED ON: 4/23/2014. (Kaliakina, Tatiana)
April 15, 2014 Opinion or Order CLERK CERTIFICATE OF MAILING RECEIVED for AMENDED OMNIBUS PETITION FOR TURNOVER ORDER; NOTICE OF PROCEEDING; INFORMATION SHEET IDENTIFYING THE BLOCKED WIRE TRANSFER; AMENDED NOTICE ORDER; SPANISH TRANSLATION; DECLARATION PROVIDED BY TRANSLATOR CERTIFYING THE TRANSLATION mailed to BANCO FINANCIERO INTERNATIONAL S.A., LINEA NO 1 VEDADO, MUNICIPIO PLAZA, 10400 HAVANA CITY, CUBA on 4/15/2014 by DHL tracking # 17 7306 8021, as per #489 Clerk Certificate of Mailing, RECEIVED ON: 4/24/2014. (Kaliakina, Tatiana)
April 15, 2014 Opinion or Order CLERK CERTIFICATE OF MAILING RECEIVED for AMENDED OMNIBUS PETITION FOR TURNOVER ORDER; NOTICE OF PROCEEDING; INFORMATION SHEET IDENTIFYING BLOCKED WIRE TRANSFER; AMENDED NOTICE ORDER, SPANISH TRANSLATION; DECLARATION PROVIDED BY TRANSLATOR CERTIFYING THE TRANSLATION mailed to BANCO INTERNACIONAL DE COMERCIO, 20 DE MAYO Y AYESTARAN, MUNICIPIO PLAZA, 10100, LA HABANA, CUBA on 4/15/2014 by DHL tracking # 17 7307 0316, as per #492 Clerk Certificate of Mailing, RECEIVED ON: 4/24/2014. (Kaliakina, Tatiana)
April 15, 2014 Opinion or Order Filing 492 CLERK CERTIFICATE OF MAILING of one copy of the AMENDED OMNIBUS PETITION FOR TURNOVER ORDER, NOTICE OF PROCEEDING, INFORMATION SHEET IDENTIFYING THE BLOCKED WIRE TRANSFER, AMENDED NOTICE ORDER, SPANISH TRANSLATION OF DOCUMENTS, DECLARATION OF TRANSLATION CERTIFIED mailed to BANCO INTERNACIONAL DE COMERCIO, 20 DE MAYO Y AYESTARAN, MUNICIPIO PLAZA, 10100, LA HABANA, CUBA on 4/15/2014 by DHL tracking # 17 7307 0316, to the head of the agency or instrumentality of the foreign state, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(b)(3)(B). (jvs)
April 15, 2014 Opinion or Order Filing 491 CLERK CERTIFICATE OF MAILING of one copy of the AMENDED OMNIBUS PETITION FOR TURNOVER ORDER, NOTICE OF PROCEEDING, INFORMATION SHEET IDENTIFYING THE BLOCKED WIRE TRANSFER, AMENDED NOTICE ORDER, SPANISH TRANSLATION OF DOCUMENTS, DECLARATION OF TRANSLATION CERTIFIED mailed to BANCO FINANCIERO INTERNATIONAL S.A., LINEA NO1 VERDADO, MUNICIPIO PLAZA mailed to BANCO NACIONAL DE CUBA, AGUIAR 456 E, AMARAGURA Y LAMPARILLA, 10100, HABANA VIEJA, CUBA on 4/15/2014 by DHL tracking # 17 7298 8534, to the head of the agency or instrumentality of the foreign state, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(b)(3)(B). (jvs)
April 15, 2014 Opinion or Order Filing 490 CLERK CERTIFICATE OF MAILING of one copy of the AMENDED OMNIBUS PETITION FOR TURNOVER ORDER, NOTICE OF PROCEEDING, INFORMATION SHEET IDENTIFYING THE BLOCKED WIRE TRANSFER, AMENDED NOTICE ORDER, SPANISH TRANSLATION OF DOCUMENTS, DECLARATION OF TRANSLATION CERTIFIED mailed to BANCO INTERNACIONAL DE COMERCIO, 20 DE MAYO Y AYESTARAN, MUNICIPIO PLAZA, 10100, LA HABANA, CUBA on 4/15/2014 by DHL tracking # 17 7307 2092, to the head of the agency or instrumentality of the foreign state, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(b)(3)(B). (jvs)
April 15, 2014 Opinion or Order Filing 489 CLERK CERTIFICATE OF MAILING of one copy of the AMENDED OMNIBUS PETITION FOR TURNOVER ORDER, NOTICE OF PROCEEDING, INFORMATION SHEET IDENTIFYING THE BLOCKED WIRE TRANSFER, AMENDED NOTICE ORDER, SPANISH TRANSLATION OF DOCUMENTS, DECLARATION OF TRANSLATION CERTIFIED mailed to BANCO FINANCIERO INTERNATIONAL S.A., LINEA NO1 VERDADO, MUNICIPIO PLAZA 10400, HAVANA CITY, CUBA on 4/15/2014 by DHL tracking # 17 7306 8021, to the head of the agency or instrumentality of the foreign state, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(b)(3)(B). (jvs)
April 15, 2014 Opinion or Order Filing 488 CERTIFICATE OF SERVICE of Notice Order for Turnover Proceeding (#457) and Amended Omnibus Petition for Turnover Order (#423) served on Inmobiliaria Costa Habana S.A. on April 3, 2014. Service was made by Mail. Document filed by Societe Generale. (Houpt, Christopher)
April 15, 2014 Opinion or Order Filing 487 CLERK CERTIFICATE OF MAILING of one copy of the AMENDED OMNIBUS PETITION FOR TURNOVER ORDER, NOTICE OF PROCEEDING, INFORMATION SHEET IDENTIFYING THE BLOCKED WIRE TRANSFER, AMENDED NOTICE ORDER, SPANISH TRANSLATION OF DOCUMENTS, DECLARATION OF TRANSLATION CERTIFIED mailed to BANCO FINANCIERO INTERNATIONAL S.A., LINEA NO1 VERDADO, MUNICIPIO PLAZA 10400, HAVANA CITY, CUBA on 4/15/2014 by DHL tracking # 17 7299 4450, to the head of the agency or instrumentality of the foreign state, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(b)(3)(B). (jvs)
April 14, 2014 Opinion or Order CLERK CERTIFICATE OF MAILING RECEIVED for AMENDED OMNIBUS PETITION FOR TURNOVER ORDER; NOTICE OF PROCEEDING; INFORMATION SHEET IDENTIFYING THE BLOCKED WIRE TRANSFER; AMENDED NOTICE ORDER; SPANISH TRANSLATION OF DOCUMENATS; DECLARATION OF TRANSLATION CERTIFIED mailed to BANCO FINANCIERO INTERNACIONAL S.A., LINEA NI1 VERDADO, MUNICIPIO PLAZA 10400, HAVANA CITY, CUBA on 4/14/2014 by DHL tracking # 17 7299 4450, as per #487 Clerk Certificate of Mailing, RECEIVED ON: 4/21/2014. (Kaliakina, Tatiana)
April 14, 2014 Opinion or Order CLERK CERTIFICATE OF MAILING RECEIVED for SEE mailed to BANCO FINANCIERO INTERNATIONAL S.A., LINEA NO1 VERDADO, MUNICIPIO PLAZA 10400, HAVANA CITY, CUBA on 4/14/2014 by DHL tracking # 17 7299 8076, as per #486 Clerk Certificate of Mailing, RECEIVED ON: 4/21/2014. (Kaliakina, Tatiana)
April 14, 2014 Opinion or Order Filing 486 CLERK CERTIFICATE OF MAILING of one copy of the AMENDED OMNIBUS PETITION FOR TURNOVER ORDER, NOTICE OF PROCEEDING, INFORMATION SHEET IDENTIFYING THE BLOCKED WIRE TRANSFER, AMENDED NOTICE ORDER, SPANISH TRANSLATION OF DOCUMENTS, DECLARATION OF TRANSLATION CERTIFIED mailed to BANCO FINANCIERO INTERNATIONAL S.A., LINEA NO1 VERDADO, MUNICIPIO PLAZA 10400, HAVANA CITY, CUBA on 4/14/2014 by DHL tracking # 17 7299 8076, to the head of the agency or instrumentality of the foreign state, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(b)(3)(B). (jvs)
April 11, 2014 Opinion or Order Filing 515 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Banco Santander, S.A. on 12/20/2013. Service was accepted by Eugene Logunovskiy. Document filed by Aldo Vera, Jr, Aldo Vera, Jr. (djc)
April 11, 2014 Opinion or Order Filing 485 STIPULATION EXTENDING TIME TO FILE THIRD-PARTY PETITIONS ALLEGING CLAIMS IN THE NATURE OF INTERPLEADER WITH RESPECT TO NON-EFT ACCOUNTS: The deadline for Citibank and JPM Chase to file third-party petitions alleging claims in the nature of interpleader as to the Non-EFT Accounts identified in Schedule C to Exhibits 5 and lO, respectively, to the Amended Turnover Petition is hereby extended through and including April 24, 2014. (Signed by Judge Alvin K. Hellerstein on 4/11/2014) (cd) Modified on 4/22/2014 (cd).
April 10, 2014 Opinion or Order CLERK CERTIFICATE OF MAILING RECEIVED for AMENDED OMNIBUS PETITION FOR TURNOVER ORDER; NOTICE OF PROCEEDING; INFORMATION SHEET IDENTIFYING BLOCKED WIRE TRANSFER; AMENDED NOTICE ORDER, SPANISH TRANSLATION; DECLARATION PROVIDED BY TRANSLATOR CERTIFYING THE TRANSLATION mailed to BANCO DE CREDITO Y COMERCIO, AMARGURA 158 ESQ CUBA, MUNICIPIO HABANA VIEJA, 10100, HABANA VIEJA, HABANA on 4/10/2014 by DHL tracking # 17 7302 1806, as per #463 Clerk Certificate of Mailing,, RECEIVED ON: 4/21/2014. (Kaliakina, Tatiana)
April 10, 2014 Opinion or Order CLERK CERTIFICATE OF MAILING RECEIVED for AMENDED OMNIBUS PETITION FOR TURNOVER ORDER; NOTICE OF PROCEEDING; INFORMATION SHEET IDENTIFYING BLOCKED WIRE TRANSFER; AMENDED NOTICE ORDER, SPANISH TRANSLATION; DECLARATION PROVIDED BY TRANSLATOR CERTIFYING THE TRANSLATION mailed to BANCO DE CREDITO Y COMERCIO, AMARGURA 158 ESQ CUBA, MUNICIPIO HABANA VIEJA, 10100, HABANA VIEJA, HABANA on 4/10/2014 by DHL tracking # 17 7302 1806, as per #464 Clerk Certificate of Mailing, RECEIVED ON: 4/21/2014. (Kaliakina, Tatiana)
April 10, 2014 Opinion or Order Filing 526 ELECTRONIC SUMMONS ISSUED as to Acinox S.A., Aldo Vera, Jr., Commerzbank AG, Cubana De Aviacin S.A., Cubana De Aviacion S.A., William Fuller, Gustavo E. Villoldo, Jeanette Fuller Hausler, Jeannette Fuller Hausler, Havana Holdings Limited. (laq)
April 10, 2014 Opinion or Order Filing 523 ELECTRONIC SUMMONS ISSUED as to Aldo Vera, Jr., Alfredo Villoldo, Australia and New Zealand Banking Group, Banco De Sabadell S.A., Banco Santander, S.A., Casa Financiera Fintur S.A., Casa Financiera Fintur, S.A., Consulado de Cuba In Barcelona, Credit Agricole Corporate and Investment Bank, Cubaniquel, Deutsche Bank AG, Etco International Commodities Ltd, William Fuller, Gustavo E. Villoldo, Jeanette Fuller Hausler, Jeannette Fuller Hausler, ING Bank N.V. (Curacao), LCL, S.A., Lloyds Bank Plc, Naviera Armamex S.A. de C.V., Royal Bank of Canada, SITA Information Networking Computing B.V., Alfredo Villoldo, Alfredo Villoldo(Individually), Gustavo E. Villoldo, Gustavo Villoldo. (laq)
April 10, 2014 Opinion or Order Filing 522 ELECTRONIC SUMMONS ISSUED as to Aldo Vera, Jr., Alfredo Villoldo, Banco Bilbao Vizcaya Argentaria S.A., Banco Internacional De Comercio, S.A., Banco Nacional de Mexico (Banamex), Bank of the Bahamas Limited, Canadian Imperial Bank of Commerce, William Fuller, Havanatur, S.A., Havin Bank Limited, JPMorgan Chase Bank, N.A., Jeannette Fuller Hausler, MOA Nickel S.A., Ministerio de Relaciones Exteriores, Netherlands Caribbean Bank N.V., Sherritt International Corporation, Vinales Tours, S.A. (laq)
April 10, 2014 Opinion or Order Filing 484 REQUEST FOR ISSUANCE OF SUMMONS as to Aldo Vera, Jr., Jeannette Fuller Hausler, William Fuller, Alfredo Villoldo, Gustavo E. Villoldo, Acinox S.A., Commerzbank AG, Cubana De Aviacion S.A., re: #483 Third Party Complaint. Document filed by Credit Suisse AG, New York Branch. (Kerr, James)
April 10, 2014 Opinion or Order Filing 483 THIRD PARTY COMPLAINT against Aldo Vera, Jr., William Fuller, Jeannette Fuller Hausler, Alfredo Villoldo, Gustavo E. Villoldo, Acinox S.A., Commerzbank AG, Cubana De Aviacion S.A..Document filed by Credit Suisse AG, New York Branch.(Kerr, James)
April 10, 2014 Opinion or Order Filing 482 REQUEST FOR ISSUANCE OF SUMMONS as to Aldo Vera, Jr., Jeannette Fuller Hausler, William Fuller, Alfredo Villoldo, Gustavo E. Villoldo, Banco Financiero Internacional S.A., re: #477 Third Party Complaint. Document filed by UBS AG. (Kerr, James)
April 10, 2014 Opinion or Order Filing 481 REQUEST FOR ISSUANCE OF SUMMONS as to Aldo Vera, Jr., Jeannette Fuller Hausler, William Fuller, Alfredo Villoldo, Gustavo E. Villoldo, Banca Monte dei Paschi di Siena S.p.A., Banco Nacional de Cuba, Coral Container Lines S.A., ING Bank N.V., Linshang Bank Co., Ltd., MCV Comercial S.A., Tecnoimport Havana Cuba, re: #480 Third Party Complaint,. Document filed by Citibank, N.A.. (Kerr, James)
April 10, 2014 Opinion or Order Filing 480 THIRD PARTY COMPLAINT against Aldo Vera, Jr., William Fuller, Jeannette Fuller Hausler, Alfredo Villoldo, Gustavo E. Villoldo, Banca Monte dei Paschi di Siena S.p.A., Banco Nacional de Cuba, Coral Container Lines S.A., ING Bank N.V., Linshang Bank Co., Ltd., MCV Comercial S.A., Tecnoimport Havana Cuba.Document filed by Citibank, N.A..(Kerr, James)
April 10, 2014 Opinion or Order Filing 479 REQUEST FOR ISSUANCE OF SUMMONS as to Aldo Vera, Jr., Jeannette Fuller Hausler, William Fuller, Alfredo Villoldo, Gustavo E. Villoldo, Banco Espaol De Credito (Banesto), Banco Popular Espaol S.A., Banco Sudameris Brazil, Ciliberti Santina, Commerzbank AG, Corporacin Habanos S.A., Cubana De Aviacin S.A., Cubanacan Comercio Internacional LTDA, Havana Holdings Limited, ING Bank N.V., Netherlands Caribbean Bank N.V., Royal Bank of Scotland International Ltd, re: #478 Third Party Complaint,,. Document filed by Wells Fargo Bank, N.A.. (Kerr, James)
April 10, 2014 Opinion or Order Filing 478 THIRD PARTY COMPLAINT against Aldo Vera, Jr., William Fuller, Jeannette Fuller Hausler, Alfredo Villoldo, Gustavo E. Villoldo, Banco Espaol De Credito (Banesto), Banco Popular Espaol S.A., Banco Sudameris Brazil, Ciliberti Santina, Commerzbank AG, Corporacin Habanos S.A., Cubana De Aviacin S.A., Cubanacan Comercio Internacional LTDA, Havana Holdings Limited, ING Bank N.V. (London, UK branch), Netherlands Caribbean Bank N.V., Royal Bank of Scotland International Ltd.Document filed by Wells Fargo Bank, N.A..(Kerr, James)
April 10, 2014 Opinion or Order Filing 477 THIRD PARTY COMPLAINT against Aldo Vera, Jr., Alfredo Villoldo, William Fuller, Gustavo E. Villoldo, Jeannette Fuller Hausler.Document filed by UBS AG.(Kerr, James)
April 10, 2014 Opinion or Order Filing 476 REQUEST FOR ISSUANCE OF SUMMONS as to Aldo Vera, Jr., Jeannette Fuller Hausler, William Fuller, Alfredo Villoldo, Gustavo E. Villoldo, Australia and New Zealand Banking Group, Banco De Sabadell S.A., Banco Santander S.A., Casa Financiera Fintur, S.A., Consulado de Cuba In Barcelona, Credit Agricole Corporate and Investment Bank, Cubaniquel, Deutsche Bank AG, Etco International Commodities Ltd, ING Bank NV Curaao, LCL, S.A., Lloyds Bank plc, Naviera Armamex S.A. de C.V., Royal Bank of Canada, SITA Information Networking Computing B.V., re: #475 Third Party Complaint,,. Document filed by JPMorgan Chase Bank, N.A.,. (Kerr, James)
April 10, 2014 Opinion or Order Filing 475 THIRD PARTY COMPLAINT against Australia and New Zealand Banking Group, Banco De Sabadell S.A., Casa Financiera Fintur, S.A., Consulado de Cuba In Barcelona, Credit Agricole Corporate and Investment Bank, Cubaniquel, Deutsche Bank AG, Etco International Commodities Ltd, ING Bank NV Curaao, LCL, S.A., Lloyds Bank Plc, Naviera Armamex S.A. de C.V., Royal Bank of Canada, SITA Information Networking Computing B.V., Aldo Vera, Jr., Jeannette Fuller Hausler, William Fuller, Alfredo Villoldo, Gustavo E. Villoldo.Document filed by JPMorgan Chase Bank, N.A.,.(Kerr, James)
April 10, 2014 Opinion or Order Filing 474 REQUEST FOR ISSUANCE OF SUMMONS as to Aldo Vera, Jr., Jeannette Fuller Hausler, William Fuller, Alfredo Villoldo, Gustavo E. Villoldo, Banco Bilbao Vizcaya Argentaria S.A., Banco Internacional de Comercio, Banco Nacional de Mexico (Banamex), Bank of the Bahamas Limited, Canadian Imperial Bank of Commerce, Havanatur, S.A., Havin Bank Limited, JPMorgan Chase Bank, N.A., Ministerio de Relaciones Exteriores, MOA Nickel S.A., Netherlands Caribbean Bank N.V., Sherritt International Corporation, Vinales Tours, S.A., re: #473 Third Party Complaint,,. Document filed by Bank of America, N.A.. (Kerr, James)
April 10, 2014 Opinion or Order Filing 473 THIRD PARTY COMPLAINT against Banco Bilbao Vizcaya Argentaria S.A., Banco Internacional De Comercio, S.A., Banco Nacional de Mexico (Banamex), Bank of the Bahamas Limited, Canadian Imperial Bank of Commerce, Havanatur, S.A., Havin Bank Limited, JPMorgan Chase Bank, N.A., Ministerio de Relaciones Exteriores, MOA Nickel S.A., Netherlands Caribbean Bank N.V., Sherritt International Corporation, Vinales Tours, S.A., Aldo Vera, Jr., Jeannette Fuller Hausler, William Fuller, Alfredo Villoldo, Gustavo E. Villoldo.Document filed by Bank of America, N.A..(Kerr, James)
April 10, 2014 Opinion or Order Filing 472 INTERPLEADER. Document filed by Bank of America, N.A..(Kerr, James)
April 10, 2014 Opinion or Order Filing 471 LETTER addressed to Judge Alvin K. Hellerstein from Petitioners dated 04/10/2014 re: Requesting Extension of Deadline for Citibank and JPM Chase to file Third-Party Petitions. Document filed by Citibank, N.A., JPMorgan Chase Bank, N.A.,.(Kerr, James)
April 10, 2014 Opinion or Order Filing 470 NOTICE OF APPEARANCE by Gregory Phillip Feit on behalf of Bank of New York Mellon. (Feit, Gregory)
April 10, 2014 Opinion or Order Filing 469 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR - NOTICE OF APPEARANCE by Gregory Phillip Feit on behalf of JPMorgan Chase Bank, N.A.,. (Feit, Gregory) Modified on 4/11/2014 (lb).
April 10, 2014 Opinion or Order Filing 468 STIPULATION AND ORDER EXTENDING TIME FOR PETITIONERS TO SERVE OPPOSITION TO RESPONDENT GARNISHEE'S COUNTERCLAIMS: IT IS HEREBY STIPULATED AND AGREED by and between counsel for the undersigned parties that the time for Petitioners Vera, Villoldo, and Hausler to serve opposition to the counterclaims contained in the following pleadings is extended to and through April 28, 2014. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 4/10/2014) (ajs)
April 10, 2014 Opinion or Order Filing 467 STIPULATION AND ORDER EXTENDING TIME FOR PETITIONERS TO SERVE OPPOSITION TO RESPONDENT GARNISHEE'S COUNTERCLAIMS: IT IS HEREBY STIPULATED AND AGREED by and between counsel for the undersigned parties that the time for Petitioners Vera, Villoldo, and Hausler to serve opposition to the counterclaims contained in the Answer of the Bank of New York Mellon to the Amended Omnibus Petition for Turnover Order [ECF #442] is extended to and through April 28, 2014. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 4/10/2014) (ajs) Modified on 4/10/2014 (ajs).
April 10, 2014 Opinion or Order Filing 466 NOTICE of Answer & Affirmative Defenses to Counterclaims of Standard Chartered Bank re: #450 Response. Document filed by Alfredo Villoldo, Gustavo Villoldo(and as Administrator, Executor, and Personal Representative of the Estate of Gustavo Villoldo Argilagos). (Levitt, Brandon)
April 10, 2014 Opinion or Order Filing 465 NOTICE of Answer & Affirmative Defenses to Counterclaims of Mercantil Commercebank re: #453 Response. Document filed by Alfredo Villoldo, Gustavo Villoldo(Individually). (Levitt, Brandon)
April 10, 2014 Opinion or Order Filing 464 CLERK CERTIFICATE OF MAILING of one copy of the AMENDED OMNIBUS PETITION FOR TURNOVER ORDER, NOTICE OF PROCEEDING, INFORMATION SHEET IDENTIFYING THE BLOCKED WIRE TRANSFER, AMENDED NOTICE ORDER, SPANISH TRANSLATION, DECLARATION PROVIDED BY THE TRANSLATOR CERTIFYING THE TRANSLATION mailed to BANCO DE CREDITO Y COMERCIO, AMARGURA 158 ESQ CUBA, MUNICIPIO HABANA VIEJA, 10100 HABANA on 4/10/2014 by DHL tracking # 17 7302 1806, to the head of the agency or instrumentality of the foreign state, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(b)(3)(B). (jvs)
April 10, 2014 Opinion or Order Filing 463 CLERK CERTIFICATE OF MAILING of one copy of the AMENDED OMNIBUS PETITION FOR TURNOVER ORDER, NOTICE OF PROCEEDING, INFORMATION SHEET IDENTIFYING THE BLOCKED WIRE TRANSFER, AMENDED NOTICE ORDER, SPANISH TRANSLATION, DECLARATION PROVIDED BY THE TRANSLATOR CERTIFYING THE TRANSLATION mailed to BANCO DE CREDITO Y COMERCIO, AMARGURA 158 ESQ CUBA, MUNICIPIO HABANA VIEJA, 10100 HABANA on 4/10/2014 by DHL tracking # 17 7302 1806, to the head of the agency or instrumentality of the foreign state, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(b)(3)(B). (jvs)
April 8, 2014 Opinion or Order Filing 461 THIRD-PARTY INTERPLEADER PETITION against Aldo Vera, Jr, Alfredo Villoldo, Gustavo Villoldo(and as Administrator, Executor, and Personal Representative of the Estate of Gustavo Villoldo Argilagos), Commerzbank AG, MOPEDS Slovakia L.T.D., Unicredit Bank Czech Republic and Slovakia, a.s., Jeanette Fuller Hausler, Wiliam Fuller. Document filed by Deutsche Bank Trust Company Americas. (tn)
April 8, 2014 Opinion or Order Filing 460 NOTICE of Third-Party Interpleader Petition. Document filed by Deutsche Bank Trust Company Americas. (Gimbel, Mark)
April 7, 2014 Opinion or Order Filing 459 RESPONSE re: #451 Petition (Other)., REPLY. Document filed by Jeanette Fuller Hausler, Aldo Vera, Jr, Aldo Vera, Jr, Alfredo Villoldo, Gustavo Villoldo(Individually), Gustavo E. Villoldo, Gustavo Villoldo(and as Administrator, Executor, and Personal Representative of the Estate of Gustavo Villoldo Argilagos). (Swift, Robert)
March 28, 2014 Opinion or Order Filing 458 NOTICE OF APPEARANCE by Sean Charles McPhee on behalf of HSBC Bank USA, N.A., HSBC Bank USA, N.A.. (McPhee, Sean)
March 27, 2014 Opinion or Order Filing 456 NOTICE OF CHANGE OF ADDRESS by Brandon R. Levitt on behalf of Alfredo Villoldo, Gustavo Villoldo(Individually). New Address: Hall, Lamb & Hall, P.A., 2665 South Bayshore Drive, PH1, Miami, Florida, United States 33133, 3053745030. (Levitt, Brandon)
March 26, 2014 Opinion or Order Filing 457 NOTICE ORDER FOR TURNOVER PROCEEDING: On or before April 4, 2014, in respect of each Phase I Blocked Asset held by a Respondent Bank as to which that Respondent Bank does not intend to file an interpleader petition, the Respondent Bank shall deliver the "Notice Documents" (as described below) to the originator (the "Originator") and to the originator's bank (the "Originator's Bank"), as well as any preceding intennediary bank (an "Intennediary Bank"), to the extent that such Respondent Bank has contact information for such Originator, the Originator's Bank or the Intermediary Bank. All Originators, Originator's Banks, Intermediary Banks and any other potential third-party claimants to whom notice has been delivered as provided above shall have until June 19, 2014 to file with the Court written objections asserting any interest they may have in the Blocked Assets. As delineated in the Notice of Proceeding, objections must be sent by mail to Office of the Clerk for the United States District Court for the Southern District of New York. Copies of the objections may also be sent via e-mail to (a) an e-mail address for counsel for the Respondent Bank; and (b) an e-mail address for the judgment creditors (Robert A. Swift, rswift@kohnswift.com). As soon as practicable after June 19,2014, counsel for the Respondent Bank shall provide the Court with copies of all objections and responses received by such Respondent Bank. (Signed by Judge Alvin K. Hellerstein on 3/26/2014) (ft)
March 26, 2014 Opinion or Order Filing 455 STIPULATION AND ORDER AMENDING ORDER WITH RESPECT TO GIVING NOTICE OF TURNOVER: The Respondents-Garnishees shall file their answers to the Amended Petition for Turnover Order on or before March 11, 2014. The deadline for serving "Notice Documents," as such term is defined in the November 13 Notice Order, is hereby extended through and including April 4, 2014, and the deadline for the filing of objections to turnover of accounts by potential third party claimants to whom notice has been delivered is extended through and including June 19, 2014. The November 13 Notice Order and the form of Notice appended thereto (the "Notice") are hereby amended to reflect these changes only insofar as set forth herein, and the parties hereto consent to entry of Notice Order for Turnover Proceeding in the form annexed hereto as Exhibit A. A copy of the Notice Order for Turnover Proceeding shall be served together with the Notice Documents, and shall, to the extent served on a person or entity in a country where the official language is Spanish, be accompanied by a Spanish translation thereof. Petitioners shall provide a Spanish Translation of the Notice Order for Turnover Proceeding to Respondents by no Inter than March 28, 2014. The deadline for filing Third-Party Petitions alleging claims in the nature of interpleader is hereby extended through and including April 10, 2014. This Stipulation and the attached Notice Order for Turnover Proceeding only change (a) the deadline for serving the Notice Documents and the Notice Documents to be served, (b) the deadline for filing objections to turnover' by third-party claimants, and (c) the deadline for filing of interpleader petitions. Other than these changes, the November13 Notice Order remains in full force and effect. (Signed by Judge Alvin K. Hellerstein on 3/26/2014) (ft)
March 19, 2014 Opinion or Order Filing 454 SEALED DOCUMENT placed in vault.(mps)
March 18, 2014 Opinion or Order Filing 453 RESPONSE re: #298 MOTION Omnibus Petition For Turnover.. Answer of Mercantil CommerceBank to Amended Omnibus Petition for Turnover Order. Document filed by Mercantil Commercebank, N.A.. (Goodman, Bruce)
March 18, 2014 Opinion or Order Filing 452 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Edward H. Rosenthal dated 3/14/2014 re: Petitioners hereby request that the Court grant Petitioners leave to file an Amended Exhibit 7 under seal. ENDORSEMENT: So ordered. (Signed by Judge Alvin K. Hellerstein on 3/18/2014) (kgo)
March 18, 2014 Opinion or Order Transmission to Sealed Records Clerk. Transmitted re: #452 Endorsed Letter to the Sealed Records Clerk for the sealing or unsealing of document or case. (kgo)
March 17, 2014 Opinion or Order Filing 450 RESPONSE re: #298 MOTION Omnibus Petition For Turnover.. Answer to amended omnibus Petition for Turnover Order. Document filed by Standard Chartered Bank. (Goodman, Bruce)
March 12, 2014 Opinion or Order Filing 451 PETITION THIRD-PARTY PETITION ALLEGING CLAIMS IN THE NATURE OF INTERPLEADER: Document filed by HSBC Bank USA, N.A. (Attachments: #1 Exhibit A, #2 Exhibit B)(ama)
March 12, 2014 Opinion or Order Filing 449 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for the parties that the motion to dismiss, Petitioners' opposition to the motion to dismiss, and BBVA's reply in support of the motion to dismiss are hereby renewed as against the Amended Petition. (Signed by Judge Alvin K. Hellerstein on 3/12/2014) (ft) Modified on 3/13/2014 (ft).
March 11, 2014 Opinion or Order Filing 448 RESPONSE to Motion re: #298 MOTION Omnibus Petition For Turnover.., #423 MOTION Amended Omnibus Petition for Turnover Order re: #298 MOTION Omnibus Petition For Turnover... MOTION Amended Omnibus Petition for Turnover Order re: #298 MOTION Omnibus Petition For Turnover... MOTION Amended Omnibus Petition for Turnover Order re: #298 MOTION Omnibus Petition For Turnover... / Answer of Garnishee-Respondents Bank of America, N.A., Barclays Bank PLC, Citibank, N.A., JPMorgan Chase Bank, N.A., UBS AG, and Wells Fargo Bank, N.A. to the Amended Petition for Turnover Order Pursuant to Federal Rule of Civil Procedure 69 and CPLR 5225(b). Document filed by Bank of America, N.A., Barclays Bank PLC, Citibank, N.A., JPMorgan Chase Bank, N.A.,, UBS AG, Wells Fargo Bank, N.A.. (Kerr, James)
March 11, 2014 Opinion or Order Filing 447 RESPONSE to Motion re: #298 MOTION Omnibus Petition For Turnover.., #423 MOTION Amended Omnibus Petition for Turnover Order re: #298 MOTION Omnibus Petition For Turnover... MOTION Amended Omnibus Petition for Turnover Order re: #298 MOTION Omnibus Petition For Turnover... MOTION Amended Omnibus Petition for Turnover Order re: #298 MOTION Omnibus Petition For Turnover... / Answer of Garnishee-Respondent Intesa Sanpaolo S.P.A, New York Branch, to the Amended Omnibus Petition for Turnover Order Pursuant to Federal Rule of Civil Procedure 69 and CPLR 5225(b). Document filed by Intesa Sanpaolo S.p.A.. (Kerr, James)
March 11, 2014 Opinion or Order Filing 446 RESPONSE to Motion re: #298 MOTION Omnibus Petition For Turnover.., #423 MOTION Amended Omnibus Petition for Turnover Order re: #298 MOTION Omnibus Petition For Turnover... MOTION Amended Omnibus Petition for Turnover Order re: #298 MOTION Omnibus Petition For Turnover... MOTION Amended Omnibus Petition for Turnover Order re: #298 MOTION Omnibus Petition For Turnover... / Answer of Garnishee-Respondent Credit Suisse AG, New York Branch, to the Petition for Turnover Pursuant to Federal Rule of Civil Procedure 69 and CPLR 5225(b). Document filed by Credit Suisse AG, New York Branch. (Kerr, James)
March 11, 2014 Opinion or Order Filing 445 RESPONSE to Motion re: #423 MOTION Amended Omnibus Petition for Turnover Order re: #298 MOTION Omnibus Petition For Turnover... MOTION Amended Omnibus Petition for Turnover Order re: #298 MOTION Omnibus Petition For Turnover... MOTION Amended Omnibus Petition for Turnover Order re: #298 MOTION Omnibus Petition For Turnover... Brown Brothers Harriman & Co.'s Answer to Petitioners' Amended Omnibus Petition for Turnover Order. Document filed by Brown Brothers Harriman & CO.. (Park, Tai)
March 11, 2014 Opinion or Order Filing 444 RESPONSE re: #423 MOTION Amended Omnibus Petition for Turnover Order re: #298 MOTION Omnibus Petition For Turnover... MOTION Amended Omnibus Petition for Turnover Order re: #298 MOTION Omnibus Petition For Turnover... MOTION Amended Omnibus Petition for Turnover Order re: #298 MOTION Omnibus Petition For Turnover... / Banco Santander, S.A.'s Answer to Petitioners' Amended Omnibus Petition for Turnover Order. Document filed by Banco Santander, S.A.. (Healy, Dwight)
March 11, 2014 Opinion or Order Filing 443 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Banco Santander, S.A..(Healy, Dwight)
March 11, 2014 Opinion or Order Filing 442 RESPONSE Answer to Amended Omnibus Petition for Turnover Order. Document filed by Bank of New York Mellon. (Feigenbaum, Steven)
March 11, 2014 Opinion or Order Filing 441 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent The Bank of New York Mellon Corporation for Bank of New York Mellon. Document filed by Bank of New York Mellon.(Feigenbaum, Steven)
March 11, 2014 Opinion or Order Filing 440 AFFIDAVIT OF SERVICE of Amended Omnibus Petition for Turnover and Exhibits served on Respondents. Document filed by Alfredo Villoldo, Gustavo E. Villoldo. (Attachments: #1 Exhibit)(Levitt, Brandon)
March 11, 2014 Opinion or Order Filing 439 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Barclays PLC for Barclays Bank PLC. Document filed by Barclays Bank PLC.(Kerr, James)
March 11, 2014 Opinion or Order Filing 438 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent JPMorgan Chase & Co. for JPMorgan Chase Bank, N.A.,. Document filed by JPMorgan Chase Bank, N.A.,.(Kerr, James)
March 11, 2014 Opinion or Order Filing 437 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Credit Suisse Group AG, Other Affiliate Credit Suisse AG for Credit Suisse AG, New York Branch. Document filed by Credit Suisse AG, New York Branch.(Kerr, James)
March 11, 2014 Opinion or Order Filing 436 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Wells Fargo & Company, Other Affiliate IBID, Inc., Other Affiliate Charter Holdings, Inc., Other Affiliate WFC Holdings Corporation for Wells Fargo Bank, N.A.. Document filed by Wells Fargo Bank, N.A..(Kerr, James)
March 11, 2014 Opinion or Order Filing 435 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Citigroup, Inc. for Citibank, N.A.. Document filed by Citibank, N.A..(Kerr, James)
March 11, 2014 Opinion or Order Filing 434 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by UBS AG.(Kerr, James)
March 11, 2014 Opinion or Order Filing 433 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Intesa Sanpaolo S.p.A..(Kerr, James)
March 11, 2014 Opinion or Order Filing 432 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Bank Of America Corporation for Bank of America, N.A.. Document filed by Bank of America, N.A..(Kerr, James)
March 11, 2014 Opinion or Order Filing 431 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Brown Brothers Harriman & CO..(Park, Tai)
March 11, 2014 Opinion or Order Filing 430 NOTICE OF APPEARANCE by Tai Hyun Park on behalf of Brown Brothers Harriman & CO.. (Park, Tai)
March 11, 2014 Opinion or Order Filing 429 NOTICE OF APPEARANCE by Amy Patricia Dieterich on behalf of Brown Brothers Harriman & CO.. (Dieterich, Amy)
March 11, 2014 Opinion or Order Filing 428 RESPONSE to Motion re: #423 MOTION Amended Omnibus Petition for Turnover Order re: #298 MOTION Omnibus Petition For Turnover... MOTION Amended Omnibus Petition for Turnover Order re: #298 MOTION Omnibus Petition For Turnover... MOTION Amended Omnibus Petition for Turnover Order re: #298 MOTION Omnibus Petition For Turnover... Answer to Amended Omnibus Petition for Turnover. Document filed by Deutsche Bank Trust Company Americas. (Gimbel, Mark)
March 11, 2014 Opinion or Order Filing 427 RESPONSE to Motion re: #423 MOTION Amended Omnibus Petition for Turnover Order re: #298 MOTION Omnibus Petition For Turnover... MOTION Amended Omnibus Petition for Turnover Order re: #298 MOTION Omnibus Petition For Turnover... MOTION Amended Omnibus Petition for Turnover Order re: #298 MOTION Omnibus Petition For Turnover... Answer and Affirmative Defenses of Respondent/Garnishee Societe Generale. Document filed by Societe Generale. (Houpt, Christopher)
March 6, 2014 Opinion or Order Filing 426 RESPONSE to Motion re: #423 MOTION Amended Omnibus Petition for Turnover Order re: #298 MOTION Omnibus Petition For Turnover... MOTION Amended Omnibus Petition for Turnover Order re: #298 MOTION Omnibus Petition For Turnover... MOTION Amended Omnibus Petition for Turnover Order re: #298 MOTION Omnibus Petition For Turnover... Answer to Amended Omnibus Petition for Turnover Order. Document filed by HSBC Bank USA, N.A.. (Stecker, Paul)
February 21, 2014 Opinion or Order Filing 425 SEALED DOCUMENT placed in vault.(mps)
February 20, 2014 Opinion or Order Filing 424 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Edward H. Rosenthal dated 2/19/2014 re: Counsel requests that the Court direct the Clerk to allow the schedules to be filed under seal. ENDORSEMENT: Leave to file the Am. Pet'n, including schedules under seal, is granted. (Signed by Judge Alvin K. Hellerstein on 2/19/2014) (ft)
February 12, 2014 Opinion or Order Filing 423 MOTION Amended Omnibus Petition for Turnover Order re: #298 MOTION Omnibus Petition For Turnover... Document filed by Jeanette Fuller Hausler, Aldo Vera, Jr, Alfredo Villoldo, Gustavo E. Villoldo. (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)(Levitt, Brandon)
February 5, 2014 Opinion or Order Filing 422 NOTICE of Supplemental Authority re: #362 Memorandum of Law in Opposition to Motion. Document filed by Alfredo Villoldo, Gustavo E. Villoldo. (Attachments: #1 Exhibit January 22, 2014 Final Judgment of Garnishment)(Levitt, Brandon)
January 6, 2014 Opinion or Order Filing 421 STIPULATION AND OMNIBUS PROTECTIVE ORDER REGARDING DISCLOSURE, SHARING AND USE OF DOCUMENTS AND INFORMATION...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Alvin K. Hellerstein on 1/3/2014) (mro)
December 23, 2013 Opinion or Order Filing 420 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Bank of New York Mellon on 9/19/13. Service was accepted by Peter Pailh, Paralegal. ***I hereby certify and return that I have not received any funds for Judgment number 12,1520, case number 12 Civ. 1596. Judgment unsatisfied by Allison Honeymar Deputy United States Marshal. Document filed by Aldo Vera, Jr. (mro)
December 23, 2013 Opinion or Order Filing 419 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Bank of America, NA on 9/19/13. Service was accepted by Audra Bernard, Senior Legal Admin. ***I hereby certify and return that I have not received any funds for Judgment number 12,1520, case number 12 Civ. 1596. Judgment unsatisfied by Allison Honeymar Deputy United States Marshal. Document filed by Aldo Vera, Jr. (mro)
December 23, 2013 Opinion or Order Filing 418 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on HSBC Bank USA, NA on 9/19/13. Service was accepted by Dorothy Louis, customer service. ***I hereby certify and return that I have not received any funds for Judgment number 12,1520, case number 12 Civ. 1596. Judgment unsatisfied by Allison Honeymar Deputy United States Marshal. Document filed by Aldo Vera, Jr. (mro)
December 23, 2013 Opinion or Order Filing 417 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Banco Bilbao Vizcaya Argentaria, SA New York Branch on 9/19/13. Service was accepted by Pilar Otero, Associate. ***I hereby certify and return that I have not received any funds for Judgment number 12,1520, case number 12 Civ. 1596. Judgment unsatisfied by Allison Honeymar Deputy United States Marshal. Document filed by Aldo Vera, Jr. (mro)
December 23, 2013 Opinion or Order Filing 416 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on UBS AG on 9/19/13. Service was accepted by Richard A. Andrews, Associate Director. ***I hereby certify and return that I have not received any funds for Judgment number 12,1520, case number 12 Civ. 1596. Judgment unsatisfied by Allison Honeymar Deputy United States Marshal. Document filed by Aldo Vera, Jr. (mro)
December 23, 2013 Opinion or Order Filing 415 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Barclays Bank PLC on 9/19/13. Service was accepted by John Zucchi, Legal Analyst. ***I hereby certify and return that I have not received any funds for Judgment number 12,1520, case number 12 Civ. 1596. Judgment unsatisfied by Allison Honeymar Deputy United States Marshal. Document filed by Aldo Vera, Jr. (mro)
December 23, 2013 Opinion or Order Filing 414 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Wells Fargo Bank, NA on 9/19/13. Service was accepted by Mario Garcia, Store Manager. ***I hereby certify and return that I have not received any funds for Judgment number 12,1520, case number 12 Civ. 1596. Judgment unsatisfied by Allison Honeymar Deputy United States Marshal. Document filed by Aldo Vera, Jr. (mro)
December 23, 2013 Opinion or Order Filing 413 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on JP Morgan Chase Bank, N.A. on 9/19/13. Service was accepted by Mary Greek, Service Sales Rep. ***I hereby certify and return that I have not received any funds for Judgment number 12,1520, case number 12 Civ. 1596. Judgment unsatisfied by Allison Honeymar Deputy United States Marshal. Document filed by Aldo Vera, Jr. (mro)
December 23, 2013 Opinion or Order Filing 412 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Citibank, N.A. on 9/19/13. Service was accepted by Tahamina Kazi. ***I hereby certify and return that I have not received any funds for Judgment number 12,1520, case number 12 Civ. 1596. Judgment unsatisfied by Allison Honeymar Deputy United States Marshal. Document filed by Aldo Vera, Jr. (mro)
December 23, 2013 Opinion or Order Filing 411 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on PNC Bank, N.A. on 5/1/13. Service was accepted by Christina Mendez, Financial. ***I hereby certify and return that I have not received any funds for Judgment number 12,1520, case number 12 Civ. 1596. Judgment unsatisfied by Allison Honeymar Deputy United States Marshal. Document filed by Aldo Vera, Jr. (mro)
December 23, 2013 Opinion or Order Filing 410 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Mercantil Commercebank, NA on 2/20/13. Service was accepted by Maria Lopez Sales & Service associate. ***I hereby certify and return that I have not received any funds for Judgment number 12,1520, case number 12 Civ. 1596. Judgment unsatisfied by Allison Honeymar Deputy United States Marshal. Document filed by Aldo Vera, Jr. (mro)
December 23, 2013 Opinion or Order Filing 409 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED served on Royal Bank of Canada; Duplicate, Replaced by Process #48. ***I hereby certify and return that I have not received any funds for Judgment number 12,1520, case number 12 Civ. 1596. Judgment unsatisfied by Allison Honeymar Deputy United States Marshal. Document filed by Aldo Vera, Jr. (mro)
December 23, 2013 Opinion or Order Filing 408 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on M&T Bank on 1/31/13. Service was accepted by Brianna Larson, Asst. Branch Mgr. ***I hereby certify and return that I have not received any funds for Judgment number 12,1520, case number 12 Civ. 1596. Judgment unsatisfied by Allison Honeymar Deputy United States Marshal. Document filed by Aldo Vera, Jr. (mro)
December 23, 2013 Opinion or Order Filing 407 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Amended Writ of Execution served on Commerzbank AG on 1/28/13. Service was accepted by Carmen Rosado Para Legal. ***I hereby certify and return that I have not received any funds for Judgment number 12,1520, case number 12 Civ. 1596. Judgment unsatisfied by Allison Honeymar Deputy United States Marshal. Document filed by Aldo Vera, Jr. (mro)
December 23, 2013 Opinion or Order Filing 406 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Banco Do Brasil, SA on 1/4/13. Service was accepted by Mildred Harper. ***I hereby certify and return that I have not received any funds for Judgment number 12,1520, case number 12 Civ. 1596. Judgment unsatisfied by Allison Honeymar Deputy United States Marshal. Document filed by Aldo Vera, Jr. (mro)
December 23, 2013 Opinion or Order Filing 405 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Bank of China on 1/4/13. Service was accepted by Zhuder Ye, Legal assistant. ***I hereby certify and return that I have not received any funds for Judgment number 12,1520, case number 12 Civ. 1596. Judgment unsatisfied by Allison Honeymar Deputy United States Marshal. Document filed by Aldo Vera, Jr. (mro)
December 23, 2013 Opinion or Order Filing 404 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on BNP Paribas, S.A. on 1/4/13. Service was accepted by Kelly Rice, Administrative Assistant. ***I hereby certify and return that I have not received any funds for Judgment number 12,1520, case number 12 Civ. 1596. Judgment unsatisfied by Allison Honeymar Deputy United States Marshal. Document filed by Aldo Vera, Jr. (mro)
December 23, 2013 Opinion or Order Filing 403 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on The Royal Bank of Scotland NV on 1/4/13. Service was accepted by Shawn Sprecker, Vice President + Group Legal. ***I hereby certify and return that I have not received any funds for Judgment number 12,1520, case number 12 Civ. 1596. Judgment unsatisfied by Allison Honeymar Deputy United States Marshal. Document filed by Aldo Vera, Jr. (mro)
December 23, 2013 Opinion or Order Filing 402 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on RBS Citizens NA on 1/4/13. Service was accepted by Heidi Deleon. ***I hereby certify and return that I have not received any funds for Judgment number 12,1520, case number 12 Civ. 1596. Judgment unsatisfied by Allison Honeymar Deputy United States Marshal. Document filed by Aldo Vera, Jr. (mro)
December 23, 2013 Opinion or Order Filing 401 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Credit Agricole CIB, New York on 1/4/13. Service was accepted by Sandeep Salva Director and Counsel. ***I hereby certify and return that I have not received any funds for Judgment number 12,1520, case number 12 Civ. 1596. Judgment unsatisfied by Allison Honeymar Deputy United States Marshal. Document filed by Aldo Vera, Jr. (mro)
December 23, 2013 Opinion or Order Filing 400 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Wells Fargo Bank, NA on 1/4/13. Service was accepted by Sarah Messah, Admin. Document filed by Aldo Vera, Jr. ***I hereby certify and return that I have not received any funds for Judgment number 12,1520, case number 12 Civ. 1596. Judgment unsatisfied by Allison Honeymar Deputy United States Marshal. (mro)
December 23, 2013 Opinion or Order Filing 399 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Intesa Sanpaolo on 1/4/13. Service was accepted by John Paino Asst. V.P. ***I hereby certify and return that I have not received any funds for Judgment number 12,1520, case number 12 Civ. 1596. Judgment unsatisfied by Allison Honeymar Deputy United States Marshal. Document filed by Aldo Vera, Jr. (mro) Modified on 1/2/2014 (mro).
December 23, 2013 Opinion or Order Filing 398 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Societe Generale on 1/4/13. Service was accepted by John Bardakgy, Associate. ***I hereby certify and return that I have not received any funds for Judgment number 12,1520, case number 12 Civ. 1596. Judgment unsatisfied by Allison Honeymar Deputy United States Marshal. Document filed by Aldo Vera, Jr. (mro) Modified on 1/2/2014 (mro).
December 23, 2013 Opinion or Order Filing 397 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Standard Chartered Bank on 1/4/13. Service was accepted by Alicen Nadal Jr. Legal Asst. ***I hereby certify and return that I have not received any funds for Judgment number 12,1520, case number 12 Civ. 1596. Judgment unsatisfied by Allison Honeymar Deputy United States Marshal. Document filed by Aldo Vera, Jr. (mro) Modified on 1/2/2014 (mro).
December 23, 2013 Opinion or Order Filing 396 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on HSBC Bank USA, NA on 1/4/13. Service was accepted by Manny Gomez, customer service. ***I hereby certify and return that I have not received any funds for Judgment number 12,1520, case number 12 Civ. 1596. Judgment unsatisfied by Allison Honeymar Deputy United States Marshal. Document filed by Aldo Vera, Jr. (mro) Modified on 1/2/2014 (mro).
December 23, 2013 Opinion or Order Filing 395 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Deutsche Bank AG on 1/4/13. ***I hereby certify and return that I have not received any funds for Judgment number 12,1520, case number 12 Civ. 1596. Judgment unsatisfied by Allison Honeymar Deputy United States Marshal. Document filed by Aldo Vera, Jr. (mro) Modified on 1/2/2014 (mro).
December 23, 2013 Opinion or Order Filing 394 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Deutsche Bank Trust Company Americas on 1/4/13. Service was accepted by Kris Kwong, Paralegal. ***I hereby certify and return that I have not received any funds for Judgment number 12,1520, case number 12 Civ. 1596. Judgment unsatisfied by Allison Honeymar Deputy United States Marshal. Document filed by Aldo Vera, Jr. (mro) Modified on 1/2/2014 (mro).
December 23, 2013 Opinion or Order Filing 393 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on KBC Bank N.V. on 1/4/13. Service was accepted by Donna Hughes, Director of HR. ***I hereby certify and return that I have not received any funds for Judgment number 12,1520, case number 12 Civ. 1596. Judgment unsatisfied by Allison Honeymar Deputy United States Marshal. Document filed by Aldo Vera, Jr. (mro) Modified on 1/2/2014 (mro).
December 23, 2013 Opinion or Order Filing 392 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Barclays Bank PLC on 1/4/13. Service was accepted by Michael McLean, analyst. ***I hereby certify and return that I have not received any funds for Judgment number 12,1520, case number 12 Civ. 1596. Judgment unsatisfied by Allison Honeymar Deputy United States Marshal. Document filed by Aldo Vera, Jr. (mro) Modified on 1/2/2014 (mro).
December 23, 2013 Opinion or Order Filing 391 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Bank of Tokyo-Mitsubishi UFJ Trust Company on 1/4/13. Service was accepted by Nancey Moton, V.P. ***I hereby certify and return that I have not received any funds for Judgment number 12,1520, case number 12 Civ. 1596. Judgment unsatisfied by Allison Honeymar Deputy United States Marshal. Document filed by Aldo Vera, Jr. (mro) Modified on 1/2/2014 (mro).
December 23, 2013 Opinion or Order Filing 390 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Union Bank NA on 1/4/13. Service was accepted by Valari Cram. ***I hereby certify and return that I have not received any funds for Judgment number 12,1520, case number 12 Civ. 1596. Judgment unsatisfied by Allison Honeymar Deputy United States Marshal. Document filed by Aldo Vera, Jr. (mro) Modified on 1/2/2014 (mro).
December 23, 2013 Opinion or Order Filing 389 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Banco Bilbao Vizcaya Argentaria, SA on 12/6/12. Service was accepted by Pilar Otero, Associate. ***I hereby certify and return that I have not received any funds for Judgment number 12,1520, case number 12 Civ. 1596. Judgment unsatisfied by Allison Honeymar Deputy United States Marshal. Document filed by Aldo Vera, Jr. (mro) Modified on 1/2/2014 (mro).
December 23, 2013 Opinion or Order Filing 388 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Banco del Estado de Chile on 12/6/12. Service was accepted by Teresa Pacheco, Compliance Officer. ***I hereby certify and return that I have not received any funds for Judgment number 12,1520, case number 12 Civ. 1596. Judgment unsatisfied by Allison Honeymar Deputy United States Marshal. Document filed by Aldo Vera, Jr. (mro) Modified on 1/2/2014 (mro).
December 23, 2013 Opinion or Order Filing 387 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Commerzbank AG on 12/6/12. Service was accepted by Michael Fruchter, Director/Sr. Counsel. ***I hereby certify and return that I have not received any funds for Judgment number 12,1520, case number 12 Civ. 1596. Judgment unsatisfied by Allison Honeymar Deputy United States Marshal. Document filed by Aldo Vera, Jr. (mro) Modified on 1/2/2014 (mro).
December 23, 2013 Opinion or Order Filing 386 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on BPD Bank on 12/6/12. Service was accepted by Luis Tio, Vice President Risk Mgt. ***I hereby certify and return that I have not received any funds for Judgment number 12,1520, case number 12 Civ. 1596. Judgment unsatisfied by Allison Honeymar Deputy United States Marshal. Document filed by Aldo Vera, Jr. (mro) Modified on 1/2/2014 (mro).
December 23, 2013 Opinion or Order Filing 385 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on UBS AG on 12/6/12. Service was accepted by Richard A. Andrews, Associate Director. ***I hereby certify and return that I have not received any funds for Judgment number 12,1520, case number 12 Civ. 1596. Judgment unsatisfied by Allison Honeymar Deputy United States Marshal. Document filed by Aldo Vera, Jr. (mro) Modified on 1/2/2014 (mro).
December 23, 2013 Opinion or Order Filing 384 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Sumitomo Mitsi Banking Corporation on 12/6/12. Service was accepted by Hiro Oshima, Sr. Vice President. ***I hereby certify and return that I have not received any funds for Judgment number 12,1520, case number 12 Civ. 1596. Judgment unsatisfied by Allison Honeymar Deputy United States Marshal. Document filed by Aldo Vera, Jr. (mro) Modified on 1/2/2014 (mro).
December 23, 2013 Opinion or Order Filing 383 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on National Bank of Canada on 12/6/12. Service was accepted by Vivian Moy, Head of Compliance-New York. ***I hereby certify and return that I have not received any funds for Judgment number 12,1520, case number 12 Civ. 1596. Judgment unsatisfied by Allison Honeymar Deputy United States Marshal. Document filed by Aldo Vera, Jr. (mro) Modified on 1/2/2014 (mro).
December 23, 2013 Opinion or Order Filing 382 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on JP Morgan Chase & Co. on 12/6/12. Service was accepted by Am Cheung, Legal Specialist. ***I hereby certify and return that I have not received any funds for Judgment number 12,1520, case number 12 Civ. 1596. Judgment unsatisfied by Allison Honeymar Deputy United States Marshal. Document filed by Aldo Vera, Jr. (mro) Modified on 1/2/2014 (mro).
December 23, 2013 Opinion or Order Filing 381 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Citibank on 12/6/12. Service was accepted by George Chacon, Branch Manager. ***I hereby certify and return that I have not received any funds for Judgment number 12,1520, case number 12 Civ. 1596. Judgment unsatisfied by Allison Honeymar Deputy United States Marshal. Document filed by Aldo Vera, Jr. (mro) Modified on 1/2/2014 (mro).
December 23, 2013 Opinion or Order Filing 380 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Bank of New York Mellon on 12/6/12. Service was accepted by Stephen Marino, Assistant Treasurer. ***I hereby certify and return that I have not received any funds for Judgment number 12,1520, case number 12 Civ. 1596. Judgment unsatisfied by Allison Honeymar Deputy United States Marshal. Document filed by Aldo Vera, Jr. (mro) Modified on 1/2/2014 (mro).
December 23, 2013 Opinion or Order Filing 379 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Banco Do Brasil, SA on 12/6/12. Service was accepted by Alvaro Baptista, Administration Officer. ***I hereby certify and return that I have not received any funds for Judgment number 12,1520, case number 12 Civ. 1596. Judgment unsatisfied by Allison Honeymar Deputy United States Marshal. Document filed by Aldo Vera, Jr. (mro) Modified on 1/2/2014 (mro).
December 23, 2013 Opinion or Order Filing 378 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Bank of America on 12/6/12. Service was accepted by Eugene Sklanka, Assistant Banking Center Mgr. ***I hereby certify and return that I have not received any funds for Judgment number 12,1520, case number 12 Civ. 1596. Judgment unsatisfied by Allison Honeymar Deputy United States Marshal. Document filed by Aldo Vera, Jr. (mro) Modified on 1/2/2014 (mro).
December 23, 2013 Opinion or Order Filing 377 REPLY MEMORANDUM OF LAW in Support re: #349 MOTION to Dismiss /Notice of Motion to Dismiss Petition.. Document filed by Banco Bilbao Vizcaya Argentaria, S.A.. (Caruso, Kenneth)
December 18, 2013 Opinion or Order Writ of Execution Issued as to The Republic of Cuba on 12/18/13 Judgment # 12,1520 in the amount of $ 48,511,553.06 in favor of Aldo Vera, Jr. as Personal Representative of the estate of Aldo Vera, Sr. against The Republic of Cuba. (Signed by Clerk of Court Ruby Krajick on 12/18/13) (ml)
December 17, 2013 Opinion or Order Filing 376 AFFIDAVIT OF SERVICE of Plaintiff's Reply Memorandum in Support of Plaintiff's Motion to Compel Full and Complete Answers to Information Subpoenas and in Opposition to Respondents' Motion to Quash and Second Declaration of Robert A. Swift in Support of Motion to Compel Full and Complete Answers to Inforamation Subpoena served on Ministry of Foreign Affairs,Republic of Cuba, Calzada #360, Vedado, Havana, Cuba on 12/12/2013. Service was made by International Mail. Document filed by Aldo Vera, Jr. (Swift, Robert)
December 16, 2013 Opinion or Order Filing 375 DECLARATION of Barry J. Glickman in Support re: #365 CROSS MOTION to Quash Plaintiff's Subpoena of Standard Chartered Bank and for a protective order.. Document filed by Standard Chartered Bank. (Glickman, Barry)
December 16, 2013 Opinion or Order Filing 374 DECLARATION of / Reply Declaration of Juan Manuel de Remedios in Support re: #355 CROSS MOTION to Quash Subpoena / Notice of Cross-Motion to Quash Subpoena and for Protective Order.. Document filed by Banco Bilbao Vizcaya Argentaria, S.A.. (Caruso, Kenneth)
December 16, 2013 Opinion or Order Filing 373 REPLY MEMORANDUM OF LAW in Support re: #355 CROSS MOTION to Quash Subpoena / Notice of Cross-Motion to Quash Subpoena and for Protective Order.. Document filed by Banco Bilbao Vizcaya Argentaria, S.A.. (Caruso, Kenneth)
December 12, 2013 Opinion or Order Filing 372 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein, from Kenneth A. Caruso, dated 12/12/2013, re: BBVA has made a motion to dismiss. Its reply papers are due on December 16, 2013. Request a one-week extension of time to file BBVA's reply papers, to Monday, December 23. ENDORSEMENT: So ordered. (Replies due by 12/23/2013.) (Signed by Judge Alvin K. Hellerstein on 12/12/20213) (ja)
December 12, 2013 Opinion or Order Filing 371 NOTICE of Supplemental Authority re: #362 Memorandum of Law in Opposition to Motion. Document filed by Alfredo Villoldo, Gustavo E. Villoldo. (Attachments: #1 Exhibit December 11, 2013 Court Order)(Levitt, Brandon)
December 12, 2013 Opinion or Order Filing 370 DECLARATION of Robert A. Swift in Support. Document filed by Aldo Vera, Jr. (Attachments: #1 Exhibit 1)(Swift, Robert)
December 12, 2013 Opinion or Order Filing 369 REPLY MEMORANDUM OF LAW in Support of Plaintiff's Motion to Compel Full and Complete Answers to Information Subpoenas and in Opposition to Respondents Motion to Quash. Document filed by Aldo Vera, Jr. (Swift, Robert)
December 9, 2013 Opinion or Order Filing 368 ORDER WITH RESPECT TO GIVING NOTICE OF TURNOVER PROCEEDING: NOW THEREFORE, the Court hereby ORDERS: 1. Within 20 days of the date of this Order, Petitioners shall identify to each Respondent Bank, and each such Respondent Bank shall identify to Petitioners, Blocked Assets at each of the said Banks, if any, in which Petitioners or the Respondent Bank (as applicable) believe that an agency or instrumentality of the Republic of Cuba may have been an originator or an originator's bank (hereinafter the "Phase I Blocked Assets"). 2. Within 30 days of the date of this Order, Petitioners shall file a First Amended Omnibus Petition for Turnover Order (the "First Amended Omnibus Petition") specifying on separate schedules to be filed under seal the Blocked Assets held by each respective Respondent Bank as identified pursuant to paragraph I above as to which Petitioners allege that they are entitled to seek turnover. Petitioners will file two schedules under seal: one schedule shall identify the Phase I Blocked Assets; and a second schedule shall identify the "Phase II Blocked Assets;" as set forth herein. (Signed by Judge Alvin K. Hellerstein on 11/13/2013) (mro)
December 9, 2013 Opinion or Order Filing 367 AFFIDAVIT OF SERVICE of Plaintiff's Memorandum of Law of Petitioner Aldo Vera, Jr. in Opposition to the Motion to Dismiss of Respondent Banco Bilbao Vizcaya Argentaria (S.A.) ( with supporting exhibit; Declaration of Robert A. Swift ( with supporting exhibits ) and Affidavit of Aldo Vera, Jr. served on Ministry of Foreign Affairs, Republic of Cuba, Calzada #360, Vedado, Havana, Cuba on 12/06/2013. Service was made by International Mail. Document filed by Aldo Vera, Jr. (Swift, Robert)
December 6, 2013 Opinion or Order Filing 366 MEMORANDUM OF LAW in Support re: #365 CROSS MOTION to Quash Plaintiff's Subpoena of Standard Chartered Bank and for a protective order. and in opposition to plaintiff's motion to compel. Document filed by Standard Chartered Bank. (Glickman, Barry)
December 6, 2013 Opinion or Order Filing 365 CROSS MOTION to Quash Plaintiff's Subpoena of Standard Chartered Bank and for a protective order. Document filed by Standard Chartered Bank.(Glickman, Barry)
December 6, 2013 Opinion or Order Filing 364 DECLARATION of James W. Perkins in Opposition re: #349 MOTION to Dismiss /Notice of Motion to Dismiss Petition.. Document filed by Jeanette Fuller Hausler. (Attachments: #1 Exhibit 6, #2 Exhibit 7, #3 Exhibit 8, #4 Exhibit 9, #5 Exhibit 10, #6 Exhibit 11, #7 Exhibit 12, #8 Exhibit 13, #9 Exhibit 14, #10 Exhibit 15, #11 Exhibit 16, #12 Exhibit 17, #13 Exhibit 18)(Perkins, James)
December 6, 2013 Opinion or Order Filing 363 DECLARATION of Brandon R. Levitt in Opposition re: #349 MOTION to Dismiss /Notice of Motion to Dismiss Petition.. Document filed by Jeanette Fuller Hausler. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Perkins, James)
December 6, 2013 Opinion or Order Filing 362 MEMORANDUM OF LAW in Opposition re: #349 MOTION to Dismiss /Notice of Motion to Dismiss Petition.. Document filed by Jeanette Fuller Hausler. (Perkins, James)
December 6, 2013 Opinion or Order Filing 361 MEMORANDUM OF LAW in Opposition re: #349 MOTION to Dismiss /Notice of Motion to Dismiss Petition.. Document filed by Aldo Vera, Jr. (Attachments: #1 Exhibit 1)(Swift, Robert)
December 6, 2013 Opinion or Order Filing 360 AFFIDAVIT of Aldo Vera, JR. in Opposition re: #349 MOTION to Dismiss /Notice of Motion to Dismiss Petition.. Document filed by Aldo Vera, Jr. (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)(Swift, Robert)
December 6, 2013 Opinion or Order Filing 359 DECLARATION of Robert A. Swift in Opposition re: #349 MOTION to Dismiss /Notice of Motion to Dismiss Petition.. Document filed by Aldo Vera, Jr. (Attachments: #1 Exhibit A, #2 Exhibit B)(Swift, Robert)
December 6, 2013 Opinion or Order Filing 358 DECLARATION of Juan Manuel De Remedios in Opposition to Plaintiff's Motion to Compel and in Support re: #355 CROSS MOTION to Quash Subpoena / Notice of Cross-Motion to Quash Subpoena and for Protective Order.. Document filed by Banco Bilbao Vizcaya Argentaria, S.A.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Caruso, Kenneth)
December 6, 2013 Opinion or Order Filing 357 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: #349 MOTION to Dismiss /Notice of Motion to Dismiss Petition. Document filed by Aldo Vera, Jr. (Attachments: #1 Exhibit 1)(Swift, Robert) Modified on 12/6/2013 (db).
December 6, 2013 Opinion or Order Filing 356 MEMORANDUM OF LAW in Support re: #355 CROSS MOTION to Quash Subpoena / Notice of Cross-Motion to Quash Subpoena and for Protective Order. / Memorandum of Law in Opposition to Plaintiff's Motion to Compel and in Support of BBVA's Cross-Motion to Quash Subpoena and for Protective Order. Document filed by Banco Bilbao Vizcaya Argentaria, S.A.. (Caruso, Kenneth)
December 6, 2013 Opinion or Order Filing 355 CROSS MOTION to Quash Subpoena / Notice of Cross-Motion to Quash Subpoena and for Protective Order. Document filed by Banco Bilbao Vizcaya Argentaria, S.A..(Caruso, Kenneth)
December 6, 2013 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Robert Alan Swift to RE-FILE Document #357 Memorandum of Law in Opposition to Motion. ERROR(S): No Signature or s/. (db)
November 21, 2013 Opinion or Order Filing 352 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED by and between Aldo Vera, Jr., Banco Bilbao Vizcaya Argentaria, S.A. ("BBVA"), and Standard Chartered Bank, with respect to Vera's motion to compel: 1. Papers in opposition to the motion shall be served and filed no later than December 6, 2013. 2. Reply papers in support of the motion shall be served and filed no later than December 16, 2013., ( Responses due by 12/6/2013., Replies due by 12/16/2013.) (Signed by Judge Alvin K. Hellerstein on 11/21/2013) (lmb)
November 15, 2013 Opinion or Order Filing 351 DECLARATION of Kenneth A. Caruso in Support re: #349 MOTION to Dismiss /Notice of Motion to Dismiss Petition.. Document filed by Banco Bilbao Vizcaya Argentaria, S.A.. (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)(Caruso, Kenneth)
November 15, 2013 Opinion or Order Filing 350 MEMORANDUM OF LAW in Support re: #349 MOTION to Dismiss /Notice of Motion to Dismiss Petition.. Document filed by Banco Bilbao Vizcaya Argentaria, S.A.. (Caruso, Kenneth)
November 15, 2013 Opinion or Order Filing 349 MOTION to Dismiss /Notice of Motion to Dismiss Petition. Document filed by Banco Bilbao Vizcaya Argentaria, S.A..(Caruso, Kenneth)
November 14, 2013 Opinion or Order Filing 348 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/30/13 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)
November 14, 2013 Opinion or Order Filing 347 TRANSCRIPT of Proceedings re: CONFERENCE held on 10/30/2013 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Sandra Miaskoff, (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 12/9/2013. Redacted Transcript Deadline set for 12/19/2013. Release of Transcript Restriction set for 2/18/2014.(Rodriguez, Somari)
November 14, 2013 Opinion or Order Filing 346 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 6/25/2013 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...(McGuirk, Kelly)
November 14, 2013 Opinion or Order Filing 345 TRANSCRIPT of Proceedings re: CONFERNCE held on 6/25/2013 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Rose Prater, (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 12/9/2013. Redacted Transcript Deadline set for 12/19/2013. Release of Transcript Restriction set for 2/18/2014.(McGuirk, Kelly)
November 14, 2013 Opinion or Order Filing 344 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 11/6/13 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)
November 14, 2013 Opinion or Order Filing 343 TRANSCRIPT of Proceedings re: CONFERENCE held on 11/6/2013 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Sandra Miaskoff, (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 12/9/2013. Redacted Transcript Deadline set for 12/19/2013. Release of Transcript Restriction set for 2/18/2014.(Rodriguez, Somari)
November 14, 2013 Opinion or Order Filing 342 SEALED DOCUMENT placed in vault.(nm)
November 14, 2013 Opinion or Order Filing 341 AFFIDAVIT OF SERVICE of (i) Plaintiff's Motion to Compel Full and Complete Answers to Information Subpoenas; (ii) Declaration of Robert A. Swift in Support of Motion to Compel Full and Complete Answers to Information Subpoenas (with supportin exhibits); and (iii) Memorandum in Support of Plaintiff's Motion to Compel Full and Complete Answers to Information Subpoenas served on Thomas DeSimone, Esq., Banco Bilbao Vizcaya Argentaria (S.A.) 1345 Avenue of the Americas, New York, NY 10015 on 11/13/2013. Service was made by Mail. Document filed by Aldo Vera, Jr. (Swift, Robert)
November 14, 2013 Opinion or Order Filing 340 AFFIDAVIT OF SERVICE of (i) Plaintiff's Motion to Compel Full and Complete Answers to Information Subpoenas; (ii) Declaration of Robert A. Swift in Support of Motion to Compel Full and Complete Answers to Information Subpoenas (with supportin exhibits); and (iii) Memorandum in Support of Plaintiff's Motion to Compel Full and Complete Answers to Information Subpoenas served on Barry J. Glickman, Esq. Zeichner Ellman & Kraus LLP, 1211 Avenue of the Americas, New York, New York 10036 on 11/13/2013. Service was made by Mail. Document filed by Aldo Vera, Jr. (Swift, Robert)
November 14, 2013 Opinion or Order Filing 339 AFFIDAVIT OF SERVICE of (i) Plaintiff's Motion to Compel Full and Complete Answers to Information Subpoenas; (ii) Declaration of Robert A. Swift in Support of Motion to Compel Full and Complete Answers to Information Subpoenas (with supportin exhibits); and (iii) Memorandum in Support of Plaintiff's Motion to Compel Full and Complete Answers to Information Subpoenas served on Ministry of Foreign Affairs, Republic of Cuba, Calzada #360, Vedado, Havana, Cuba. on 11/13/2013. Service was made by International Mail.. Document filed by Aldo Vera, Jr. (Swift, Robert)
November 13, 2013 Opinion or Order Filing 338 DECLARATION of Robert A. Swift in Support. Document filed by Aldo Vera, Jr. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Swift, Robert)
November 13, 2013 Opinion or Order Filing 337 MEMORANDUM OF LAW in Support. Document filed by Aldo Vera, Jr. (Swift, Robert)
November 13, 2013 Opinion or Order Filing 336 MOTION to Compel Garnishees Banco Bilbao Vizcaya Argentaria (S.A. and Standard Chartered Bank to Produce Full And Complete Answers To Information Subpoenas.. Document filed by Aldo Vera, Jr.(Swift, Robert)
November 12, 2013 Opinion or Order Filing 335 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/23/13 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)
November 12, 2013 Opinion or Order Filing 334 TRANSCRIPT of Proceedings re: CONFERENCE held on 10/23/2013 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Sabrina D'Emidio, (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 12/6/2013. Redacted Transcript Deadline set for 12/16/2013. Release of Transcript Restriction set for 2/13/2014.(Rodriguez, Somari)
November 7, 2013 Opinion or Order Filing 333 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/23/13 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...(McGuirk, Kelly)
November 7, 2013 Opinion or Order Filing 332 TRANSCRIPT of Proceedings re: CONFERENCE held on 9/23/2013 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Vincent Bologna, (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 12/5/2013. Redacted Transcript Deadline set for 12/12/2013. Release of Transcript Restriction set for 2/8/2014.(McGuirk, Kelly)
November 6, 2013 Opinion or Order Filing 353 STIPULATION ORDER RE CONSOLIDATION: The undersigned Petitioners and Respondent Banks, by their undersigned attorneys, hereby stipulate as follows: 1. Petitioners' claims against Respondent Banks Standard Chartered Bank ("SCB") and Mercantil Commercebank, N.A. ("MCB") shall be consolidated with claims asserted by Petitioners in the Omnibus Petition. 2. Respondent Banks Standard Chartered Bank and Mercantil Commercebank, N.A. shall be bound by the terms of the Order with Respect to Giving Notice of Turnover Proceeding entered by this Court and the First Amended Omnibus Petition as to claims against all banks to which reference is made therein shall include SCB and MCB as respondents. (Signed by Judge Alvin K. Hellerstein on 11/6/2013) (mro)
November 5, 2013 Opinion or Order Filing 331 LETTER addressed to Judge Alvin K. Hellerstein from James W. Perkins dated 11/5/13 re: Response to Challenge to Subject Matter Jurisdiction. Document filed by Jeanette Fuller Hausler. (Attachments: #1 Exhibit Florida Order)(Perkins, James)
November 5, 2013 Opinion or Order Filing 330 LETTER addressed to Judge Alvin K. Hellerstein from Andrew C. Hall dated November 5, 2013 re: Response to Banco Bilbao Vizcaya Argentaria, S.A. letter of November 1, 2013. Document filed by Alfredo Villoldo, Alfredo Villoldo, Gustavo Villoldo(Individually), Gustavo E. Villoldo, Gustavo Villoldo(and as Administrator, Executor, and Personal Representative of the Estate of Gustavo Villoldo Argilagos). (Attachments: #1 Exhibit Final Judgment, #2 Exhibit Pennsylvania Order, #3 Exhibit Massachusetts Order, #4 Exhibit Hausler Order)(Levitt, Brandon)
November 4, 2013 Opinion or Order Filing 354 ORDER granting #336 Motion to Compel. Plaintiff's motion to compel full and complete answers to the information subpoenas served on Garnishees Banco Santander, S.A. and Intesa Sanpaolo, S.p.A. is granted for the reasons stated in the record. Each Garnishee shall furnish to plaintiffs counsel full and complete answers to the information subpoenas, within 30 days from the date of this Order. The responses shall include information relevant to the satisfaction of the judgment creditor's claim against defendant, the Republic of Cuba, whether arising from or involving sources within or without New York State, including sources in each and all Garnishee's operations and business worldwide. See Fed. R. Civ. P. 69(a)(2); N.Y. CP.L.R. 5223, 5224(a)(3), (a-1). Garnishee Banco Santander, S.A. may become a signatory to the Protective Order approved by this Court (ECF #24) and designate qualifying information furnished pursuant to this Order as "Confidential" under the terms of the Protective Order by entering into a stipulation with plaintiff's counsel. (Signed by Judge Alvin K. Hellerstein on 11/1/2013) (mro)
October 31, 2013 Opinion or Order Filing 329 ORDER granting #193 Motion to Compel. Plaintiff's motion to compel full and complete answers to the information subpoenas served on Garnishees Banco Santander, S.A. and Intesa Sanpaolo, S.p.A. is granted for the reasons stated in the record. Each Garnishee shall furnish to plaintiff's counsel full and complete answers to the information subpoenas served on each for the Republic of Cuba, its agencies and instrumentalities, within 30 days from the date of this Order. The responses shall include information covering each Garnishee's operations and business worldwide. Garnishee Banco Santander, S.A. may become a signatory to the Protective Order approved by this Court (ECF #24) and designate qualifying information furnished pursuant to this Order as "Confidential" under the terms of the Protective Order by entering into a stipulation with plaintiff's counsel. (Signed by Judge Alvin K. Hellerstein on 10/30/2013) (rsh)
October 24, 2013 Opinion or Order Filing 328 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Andrew C. Hall dated 10/23/13 re: Counsel writes in response to the letter to the Court from the Davis Polk firm dated 10/22/13 and to set forth the Judgment Creditors' response, including a proposed notice protocol. ENDORSEMENT: The relief requested, and the protocols suggested, should be topics for discussion among counsel, according to the procedures agreed to by counsel, and ordered by the court, at the conference held 10/23/13. (Signed by Judge Alvin K. Hellerstein on 10/24/2013) (mro)
October 23, 2013 Opinion or Order Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Status Conference held on 10/23/2013, ( Oral Argument set for 10/30/2013 at 11:00 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein., Status Conference set for 11/6/2013 at 11:00 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.). (Jones, Brigitte)
October 22, 2013 Opinion or Order Filing 327 LETTER addressed to Judge Alvin K. Hellerstein from Karen E. Wagner dated October 22, 2013 re: Proposal for Staging the Process of Commencing Notice or Interpleader Proceedings. Document filed by Intesa Sanpaolo S.p.A..(Wagner, Karen)
October 10, 2013 Opinion or Order Filing 326 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Paul A. Saso dated 10/8/13 re: Counsel writes to request that counsel for COBA be removed from the Court's electronic filing notifications for this action. ENDORSEMENT: So ordered. (Signed by Judge Alvin K. Hellerstein on 10/10/2013) (mro)
October 3, 2013 Opinion or Order CLERK CERTIFICATE OF MAILING RECEIVED mailed to BRUNO EDUARDO RODRIGUEZ PARILLA MINISTER OF FOREIGH AFFAIRS, CUBAN INTEREST SECTION 2630 16TH STREET, N.W. WASHINGTON D.C. 20009 on 09/27/2013 by Federal Express tracking # FEDEX 8709 6058 6821, as per #325 Clerk Certificate of Mailing, RECEIVED ON: 09/30/2013. (ca)
September 27, 2013 Opinion or Order Filing 325 CLERK CERTIFICATE OF MAILING of one copy of the PLEASE SEE ATTACHED PAPER WORK TO LINK mailed to BRUNO EDUARDO RODRIGUEZ PARILLA MINISTER OF FOREIGH AFFAIRS, CUBAN INTEREST SECTION 2630 16TH STREET, N.W. WASHINGTON D.C. 20009 on 9/27/2013 by Federal Express tracking # 8709 6058 6821, to the head of the ministry of foreign affairs, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(a)(3). (jvs)
September 27, 2013 Opinion or Order Filing 324 CLERK CERTIFICATE OF MAILING of one copy of the CLERK CERTIFICATE OF MAILING of one copy of the JUDGMENT FOR ALFREDO VILLOLDO, DATED OCTOBER 23, 2012, AND ISSUED BY HON. LAURA TAYLOR SWAIN IN THIS ACTION AGAINST THE DEFENDANT, AND AWARDING PLAINTIFF $2,903,233,898.07 (ECF #298-1), NOTICE OF RIGHT TO APPEAL, THE FOREIGN SOVEREIGN IMMUNITIES ACT 1976, AS AMENDED, TRANSLATOR'S AFFIDAVIT OF ALEXANDRA R. WALEKO DATED SEPTEMBER 19, 2013, A SPANISH OF EACH SUMMONS AND NOTICE OF PETITION (ii) OMNIBUS PETITION (iii) NOTICE OF SUIT NOTICE OF DEFAULT JUDGMENT (v) THE VERA JUDGMENT THE HAUSLER JUDGEMENT, THE VILLOLDO JUDGMENT, NOTICE OF RIGHT TO APPEAL, THE FSIA AND THE TRANSLATOR'S AFFIDAVIT mailed to MINISTER BRUNO EDUARDO RODRIGUEZ PARILLA CUBAN MINISTRY OF FOREIGN AFFAIRS CALZADA #360 VEDADO HAVANA CUBA on 9/30/2013 by DHL tracking # 92 3983 5710, to the head of the ministry of foreign affairs, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(a)(3). (jvs)
September 25, 2013 Opinion or Order Filing 323 ORDER TERMINATING PENDING MOTIONS AND REGULATING STATUS denying #49 Motion for for Turnover Order; denying #51 Motion for for Turnover Order; denying #62 Motion for for Turnover Order; denying #69 Motion for for Turnover Order; denying #87 Motion to Stay; denying #94 Motion for for Turnover Order; denying #110 Motion to Stay; denying #119 Motion to Stay; denying #159 Motion for for Turnover Order; denying #187 Motion for for Turnover Order; denying #199 Motion for for Turnover Order; denying #251 Motion to Vacate. At a status conference on June 25, 2013, I ordered Plaintiff to file a petition against all the garnishee banks that objected to the turnover motions filed against them. The purpose of this procedure is to facilitate the banks' efforts to provide notice to others who may also claim an interest in the funds at issue and, by so citing them, invite a proceeding that can result in a complete discharge of the banks' obligations. Plaintiff, in conjunction with the plaintiffs in the cases of Hausler v. The Republic of Cuba, 09-cv-l0289 (J. Marrero) and Villoldo v. Fidel Castro Ruz. 11-cv-9394 (J. Swain), has since filed those petitions. The pending turnover motions, and the motions filed by the banks in opposition to them, are therefore denied as academic. The plaintiffs in the Villoido case also filed a motion seeking to vacate Plaintiffs underlying claims against Cuba. Plaintiff and the plaintiffs in Villoldo and Hausler have since reached an agreement to divide among them whatever funds that they recover from the banks. Villoldo's motion is therefore denied as academic as well. Plaintiff filed a motion for approval of procedures for serving notice and process on third party creditors of one of the garnishee banks. This too has been mooted by the current procedures, and is therefore denied. The banks' motion to stay the case, made orally at the September 23, 2013 conference, is denied. The banks and plaintiffs in all three actions are developing a consensus protocol procedure that would involve the bringing to this court all potential claims against the funds at issue. Such a protocol would protect the banks from all future litigation involving the ownership of the funds, and therefore the issue of who owns the Electronic Fund Transfers would not need to be decided. The Clerk shall mark all of these motions (Doc. Nos. 49, 51, 62, 69, 87, 94, 110, 119, 159, 187, 199, 251) terminated and reopen the case. (Signed by Judge Alvin K. Hellerstein on 9/25/2013) (mro) Modified on 9/25/2013 (mro).
September 25, 2013 Opinion or Order Filing 322 ORDER FOR ADMISSION OF ANDREW C. HALL, ESQ. PRO HAC VICE granting #314 Motion for Andrew C. Hall to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Andrew C. Hall is admitted to practice pro hac vice as counsel for Intervenors Alfredo Villoldo and Gustavo E. Villoldo, individually and as Administrator, Executor, and Personal Representative of the Estate of Gustavo Villoldo Argilagos, in the above-captioned action. (Signed by Judge Alvin K. Hellerstein on 9/25/2013) (mro)
September 25, 2013 Opinion or Order Filing 321 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent HSBC Holdings plc for HSBC Bank USA, N.A.. Document filed by HSBC Bank USA, N.A..(Stecker, Paul)
September 24, 2013 Opinion or Order Filing 320 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent The Bank of New York Mellon Corporation for Bank of New York Mellon. Document filed by Bank of New York Mellon.(Nevling, J.)
September 24, 2013 Opinion or Order Filing 319 NOTICE OF APPEARANCE by J. Kelley Nevling, Jr on behalf of Bank of New York Mellon. (Nevling, J.)
September 24, 2013 Opinion or Order Filing 318 NOTICE OF APPEARANCE by Steven B. Feigenbaum on behalf of Bank of New York Mellon. (Feigenbaum, Steven)
September 24, 2013 Opinion or Order Filing 317 STIPULATED TURNOVER ORDER: Plaintiff Aldo Vera, Jr., as personal representative of the Estate of Aldo Vera, Sr., obtained a Judgment in this Court on August 20, 2012 in the amount of $49,346,713.22, of which $48,511,553.06 remains unsatisfied. On March 14, 2013, the Plaintiff filed an Uncontested Motion for Turnover Pursuant to Federal Rule of Civil Procedure 69 and CPLR 5225(b) against BDB-NY (the "Motion") (ECF Dkt. No. 101), which is currently pending before the Court. The United States Department of the Treasury's Office of Foreign Assets Control ("OFAC") of this Motion and OFAC has not appeared or otherwise objected to the relief sought in the Motion. Plaintiff's Motion establishes that the Turnover Assets detailed in Exhibit 3 of the Motion, totaling $1,207,958.49, plus accrued interest, are subject to turnover pursuant to N.Y.C.P.L.R. 5225, 28 U.S.C. 1610(g) and the Terrorism Risk Insurance Act of 2002, Pub. L. No. 107-297, 116 Stat. 2322 (2002), codified at 28 U.S.C. 1610 note, in partial satisfaction of Plaintiff's judgment. Within ten (10) days of the date of this Order, BDB-NY shall pay and turn over to Plaintiff $1,207,958.49 plus accrued interest by wire transfer to Kohn Swift & Graf, P.C. pursuant to wire instructions to be furnished Garnishee by Plaintiff, in partial satisfaction of Plaintiffs judgment of August 20, 2012. Upon payment and turnover of the aforesaid amount, Plaintiff releases and discharges BDB-NY from all liability and obligations of any nature to Plaintiff. Plaintiff shall furnish BDB-NY with covenants not to sue by judgment creditors in Villoldo v. Castro Ruz. No. 11-cv-9394(LTS)(S.D.N.Y.) and Hausler v. The Republic of Cuba, et al., No. 09 Civ. 10289(VM)(S.D.N.Y). (Signed by Judge Alvin K. Hellerstein on 9/23/2013) (mro)
September 24, 2013 Opinion or Order Filing 316 TURNOVER ORDER granting #123 Motion for for Turnover. It is ORDERED, ADJUDGED AND DECREED THAT: The Motion is GRANTED. Summary judgment is hereby entered in favor of Plaintiff and against Garnishee. The Court finds that the Turnover Assets are subject to turnover pursuant to 201 of the Terrorism Risk Insurance Act of 2002. Within ten (10) days of the date of this Order and the provision by Plaintiff of the executed covenants referenced in paragraph 7 infra, Garnishee shall pay and tum over to the Aldo Vera Plaintiff $161,815.31 plus accrued interest by wire transfer to Plaintiff's counsel, Kohn Swift & Graf, P.C., pursuant to wire instructions to be furnished to Garnishee by Plaintiff, in partial satisfaction of Plaintiff's judgment of August 20, 2012; as further set forth herein. (Signed by Judge Alvin K. Hellerstein on 9/23/2013) (mro)
September 23, 2013 Opinion or Order Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Status Conference held on 9/23/2013. (Jones, Brigitte)
September 23, 2013 Opinion or Order Filing 315 AFFIDAVIT OF SERVICE of Summons in a Civil Action and Notice of Petition,Omnibus Petition for Turnover Order served on Wells Fargo Bank N.A. on 09/18/2013. Service was accepted by Cathy Krieger-Jewell a Service Clerk of Corporation Service Company as Resgistered Agent of the within corporation,in compliance with the state statues.. Document filed by Aldo Vera, Jr, Aldo Vera, Jr. (Swift, Robert)
September 23, 2013 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #314 MOTION for Andrew C. Hall 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)
September 20, 2013 Opinion or Order Filing 314 MOTION for Andrew C. Hall to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Alfredo Villoldo, Gustavo E. Villoldo. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order)(Rosenthal, Edward)
September 20, 2013 Opinion or Order Filing 313 AFFIDAVIT OF SERVICE of Notion of Petition, Omnibus Petition for Turnover Order with Exhibits 1 through 3 served on Citibank, N.A. on 09/11/2012. Service was accepted by Bik Ying Ng. Document filed by Aldo Vera, Jr. (Swift, Robert)
September 20, 2013 Opinion or Order Filing 312 AFFIDAVIT OF SERVICE of Notice of Petition, Onmibus Petition for a Turnover Order with Exhibits 1 through 3 served on Barclays Bank PLC on 09/12/2013. Service was accepted by Dana Prussian. Document filed by Aldo Vera, Jr. (Swift, Robert)
September 20, 2013 Opinion or Order Filing 311 AFFIDAVIT OF SERVICE of Notice of Petition, Omnibus Petition for Petition for Turnover and Exhibits 1 through 3. served on BAnk of America, N.A. on 09/10/2013. Document filed by Aldo Vera, Jr. (Swift, Robert)
September 20, 2013 Opinion or Order Filing 310 AFFIDAVIT OF SERVICE of Notice of Petition, Omnibus Petition for Turnover Order with Exhibits 1 through 3. served on Banco Bilbao Vizcaya Argetaria (S.A.) on 09/10/2013. Service was accepted by Thomas Desimone. Document filed by Aldo Vera, Jr. (Swift, Robert)
September 20, 2013 Opinion or Order Filing 309 AFFIDAVIT OF SERVICE of Notice of Petition, Petition for Turnover Order with Exhibits 1 through 3. served on J.P. Morgan Chase Bank, N.A. on 09/11/2013. Service was accepted by Janine D. Redick. Document filed by Aldo Vera, Jr. (Swift, Robert)
September 20, 2013 Opinion or Order Filing 308 AFFIDAVIT OF SERVICE of Notice of Petition, Omnibus Petition for Turnover Order and Exhibits 1 through 3. served on Intesa Sanpaolo S.p.A. on 09/11/22013. Service was accepted by Serena Palumbo. Document filed by Aldo Vera, Jr. (Swift, Robert)
September 20, 2013 Opinion or Order Filing 307 AFFIDAVIT OF SERVICE of Notice of Petition, Omnibus Petition for Turnover Order and Exhibits 1 through 3. served on HSBC Bank ( HSBC BANK USA, N.A. ) on 09/12/2013. Service was accepted by Julie Castlebaum. Document filed by Aldo Vera, Jr. (Swift, Robert)
September 20, 2013 Opinion or Order Filing 306 AFFIDAVIT OF SERVICE of 09/11/2013 served on Bank of New York Mellon on 09/11/2013. Service was accepted by Peter Paik. Document filed by Aldo Vera, Jr. (Swift, Robert)
September 20, 2013 Opinion or Order Filing 305 AFFIDAVIT OF SERVICE of Notice of Petition, Omnibus Petition for a Turnover Order and Exhibits 1 through 3. served on Royal BAnk of Canada on 09/13/2013. Service was accepted by Daniel Decker. Document filed by Aldo Vera, Jr. (Swift, Robert)
September 20, 2013 Opinion or Order Filing 304 AFFIDAVIT OF SERVICE of Notice of Petition, Omnibus Petition for Turnover Order and Exhibits 1 through 3. served on Societe Generale on 09/12/2013. Service was accepted by John Bardakjy. Document filed by Aldo Vera, Jr. (Swift, Robert)
September 20, 2013 Opinion or Order Filing 303 AFFIDAVIT OF SERVICE of Notice of Petition, Omnibus Petition for Turnover Order and Exhibits 1 through 3 served on UBS AG on 09/10/2013. Service was accepted by Kyle Bolt. Document filed by Aldo Vera, Jr. (Swift, Robert)
September 20, 2013 Opinion or Order Filing 302 AFFIDAVIT OF SERVICE of Notice of Petition, Omnibus Petition for Turnover Order an d Exhibits 1 through 3 served on Brown Brothers Harriman & Co. on 09/11/2013. Service was accepted by Johnny Mejia. Document filed by Aldo Vera, Jr. (Swift, Robert)
September 20, 2013 Opinion or Order Filing 301 AFFIDAVIT OF SERVICE of Notice of Petition, Omnibus Petition for Turnover and Exhibits 1 through 3 served on RBS Citizens, N.A. on 09/12/2013. Service was accepted by Justin Riveria. Document filed by Aldo Vera, Jr. (Swift, Robert)
September 20, 2013 Opinion or Order Filing 300 AFFIDAVIT OF SERVICE of Notice of Petition, Omnibus Petition for mTurnover Order and Exhibits 1 through 3 served on Credit Swisse AG New York Branch on 09/11/2013. Service was accepted by Grace Shentwu. Document filed by Aldo Vera, Jr. (Swift, Robert)
September 20, 2013 Opinion or Order Filing 299 AFFIDAVIT OF SERVICE of Notice of Petition, Onmibus Petition for Turnover and Exhibits 1 through 3. served on Deutsch Bank Trust Company Americas on 09/11/2013. Service was accepted by Diana Hui- Paralegal. Document filed by Aldo Vera, Jr. (Swift, Robert)
September 20, 2013 Opinion or Order Filing 298 MOTION Omnibus Petition For Turnover.. Document filed by Aldo Vera, Jr. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Swift, Robert)
September 20, 2013 Opinion or Order Filing 297 NOTICE OF APPEARANCE by Paul Kenneth Stecker on behalf of HSBC Bank USA, N.A.. (Stecker, Paul)
September 20, 2013 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #293 MOTION 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)
September 19, 2013 Opinion or Order Filing 296 ORDER denying #107 Motion For Turnover Order Pursuant To Federal Rule Of Civil Procedure Rule 69 and CPLR 5225(b) Garnishee Commerzbank AG ; denying #113 Motion To Join Judgment Creditors To Turnover Motion Against Garnishee Commerzbank AG. Plaintiff moved to join the plaintiffs in a related action, Villoldo v. Fidel Castro Ruz, 11-cv-9394, on March 18, 2013. Since then, I have ordered that the plaintiffs in the Villoldo case be admitted into this case as intervenors. Plaintiff's original motion (Doc. No. 113) is therefore denied as academic. Plaintiff also moved for a turnover order against funds at Commerzbank AG on March 15, 2013. However, on August 27, 2013, Commerzbank agreed to turnover $5,829,840.69 to Plaintiff. In light of this agreement, Plaintiffs turnover motion (Doc. No. 107) is also denied as academic. The status of the remaining pending motions will be discussed at the upcoming status conference, scheduled for September 23, 2013 at 4 p.m. (Signed by Judge Alvin K. Hellerstein on 9/18/2013) (mro)
September 19, 2013 Opinion or Order Set/Reset Hearings: Status Conference set for 9/23/2013 at 04:00 PM before Judge Alvin K. Hellerstein. (mro)
September 18, 2013 Opinion or Order Writ of Execution Issued as to The Republic of Cuba on 9/18/13 Judgment # 12,1520 in the amount of $ 48,511,553.06 in favor of Aldo Vera, Jr. as Personal Representative of the Estate of Aldo Vera, Sr. against The Republic of Cuba. (Signed by Clerk of Court Ruby Krajick on 9/18/13) (ml)
September 17, 2013 Opinion or Order Pro Hac Vice Fee Refunded: for #283 MOTION for Roberto Martinez to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8804507. Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee refunded for Receipt number 0208-8804507, for the following reason(s): DUPLICATE PAYMENT. (dig)
September 12, 2013 Opinion or Order Filing 295 STIPULATION AND ORDER WITHDRAWING INTERVENOR-PETITIONER JEANNETTE FULLER HAUSLER'S PETITION TO DETERMINE ADVERSE CLAIMS PURSUANT TO FRCP AND CPLR 5239 AND RELATED FILINGS: IT IS HEREBY STIPULATED AND AGREED between the undersigned, and SO ORDERED by the Court that the 5239 Petition and all related filings are withdrawn, and the Clerk shall mark Docket Numbers 255, 226, 227, 242, 243, 247, 248, 249, 257, 262, 263, and 264 terminated. (Signed by Judge Alvin K. Hellerstein on 9/12/2013) (mro)
September 11, 2013 Opinion or Order Filing 294 CERTIFICATE OF SERVICE of Petition For Turnover Order Re: Standard Chartered Bank And Mercantil Commercebank, N.A. (ECF # 284) served on Barry J. Glickman, Esq., Zeichner Ellman & Krause LLP, 1211 Avenue of the Americas, New York, New York 10036 by hand delivery on 09/11/2013. Document filed by Aldo Vera, Jr. (Al-Shibib, Luma)
September 10, 2013 Opinion or Order Filing 293 MOTION to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Jeanette Fuller Hausler. (Attachments: #1 Exhibit Certifiate of Good Standing, #2 Text of Proposed Order)(Martinez, Roberto)
September 4, 2013 Opinion or Order Filing 292 SEALED DOCUMENT placed in vault.(nm)
August 27, 2013 Opinion or Order Filing 291 STIPULATED TURNOVER ORDER: 1. Plaintiff Aldo Vera, Jr., as personal representative of the Estate of Aldo Vera, Sr., obtained a Judgment in this Court on August 20, 2012 in the amount of $49,346,713.22, of which $48,511,553.06 remains unsatisfied as further set forth in this order. 6. Within ten (10) business days after this Order is no longer subject to appeal and after delivery to Commerzbank's counsel of the covenants not to sue, Commerzbank shall pay and turn over to Plaintiff $5,829,840.69 plus accrued interest by wire transfer to Kohn Swift & Graf, P.C. pursuant to wire instructions to be furnished Garnishee by Plaintiff, in partial satisfaction of Plaintiff's judgment of August 20, 2012. 7. Upon payment and turnover of the aforesaid amount (a) Plaintiff releases and discharges Commerzbank from all liability and obligations of any nature to Plaintiff., Motions terminated: #285 MOTION AMENDED UNCONTESTED MOTION FOR TURNOVER ORDER PURSUANT TO FEDERAL RULE 69 AND CPLR 5225(b). MOTION AMENDED UNCONTESTED MOTION FOR TURNOVER ORDER PURSUANT TO FEDERAL RULE 69 AND CPLR 5225(b) filed by Aldo Vera, Jr. (Signed by Judge Alvin K. Hellerstein on 8/27/2013) (lmb) Modified on 8/28/2013 (lmb). Modified on 8/28/2013 (lmb).
August 27, 2013 Opinion or Order Filing 290 STIPULATED AND ORDER AMENDING PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Alvin K. Hellerstein on 8/27/2013) (lmb)
August 23, 2013 Opinion or Order Filing 288 SEALED DOCUMENT placed in vault.(nm)
August 23, 2013 Opinion or Order Filing 287 CERTIFICATE OF SERVICE of Amended Uncontested Motion For Turnover Order Pursuant To Federal Rule 69 And CPLR 5225(b). served on Ministry of Foreign Affairs, Rupublic of Cuba, Calzada #360, Vedado, Havana, Cuba. on 08-23-2013. Service was made by International Mail. Document filed by Aldo Vera, Jr. (Al-Shibib, Luma)
August 23, 2013 Opinion or Order Filing 286 CERTIFICATE OF SERVICE of Amended Uncontested Motion For Turnover Order Pursuant To Federal Rule of Civil Procedure Rule 69 and CPLR 5225(b) served on Terry Allan Myers, Paul Anthony Saso, Gibbons P.C. One Pennsylvania Plaza, 37th Floor, New York, NY 10119, ( Attorneys for Commerzbank AG). Brandon R. Levitt, Andrew C. HAll, Hall Lamb and Hall, PA, Grand Bay Plaza, Penthouse One, 2665 South Bayshore Drive, Miami, Florida, 33133, ( Attorneys for Alfredo Villoldo ). Beth IIana Goldman, Edward Henry Rosenthal, Frankurt kurnit Klein & Selz PC, 488 Madison Avenue, New York, NY 10022. ( Attorneys for Alfredo Villoldo ). James Wilson Perkins, Greenberg Traurig, LLP, 200 Park Avenue, New York, NY 10166, ( Attorneys for Jeanette Fuller Hausler. Roberto Martinez, Colson Hicks Eidson, 255 Alhambra Circle, Penthouse, Coral Gables, Fl 33134. ( Attorneys for Jeanette Fuller Hausler ). on 08-23-2013. Service was made by Mail. Document filed by Aldo Vera, Jr. (Al-Shibib, Luma)
August 23, 2013 Opinion or Order Filing 285 MOTION AMENDED UNCONTESTED MOTION FOR TURNOVER ORDER PURSUANT TO FEDERAL RULE 69 AND CPLR 5225(b). Document filed by Aldo Vera, Jr. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Swift, Robert)
August 22, 2013 Opinion or Order Filing 284 MOTION PETITION FOR TURNOVER ORDER RE; STANDARD CHARTERED BANK AND MERCANTIL COMMERCEBANK, N.A.. Document filed by Aldo Vera, Jr. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Swift, Robert)
August 22, 2013 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #283 MOTION for Roberto Martinez to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8804507. 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 from the State Court not from a State Bar Association. 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)
August 21, 2013 Opinion or Order Filing 283 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Roberto Martinez to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8804507. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Jeanette Fuller Hausler. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order)(Martinez, Roberto) Modified on 8/22/2013 (bcu).
August 20, 2013 Opinion or Order Filing 282 NOTICE OF CHANGE OF ADDRESS by Bruce Seth Goodman on behalf of Mercantil Commercebank, N.A., Standard Chartered Bank. New Address: Zeichner Ellman & Krause LLP, 1211 Avenue of the Americas, New York, New York, U.S.A. 10036, 212-223-0400. (Goodman, Bruce)
August 20, 2013 Opinion or Order Filing 281 NOTICE OF CHANGE OF ADDRESS by Barry Jay Glickman on behalf of Mercantil Commercebank, N.A., Standard Chartered Bank. New Address: Zeichner Ellman & Krause LLP, 1211 Avenue of the Americas, New York, New York, U.S.A. 10036, 212-223-0400. (Glickman, Barry)
August 16, 2013 Opinion or Order Filing 289 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Robert A. Swift dated 8/15/2013 re: I request that your Honor adjourn the status conference scheduled for August 19 until the week of September 23, 2013. ENDORSEMENT: The conf. is adjourned to Sep. 23, 2013, 4:00 p.m., ( Status Conference set for 9/23/2013 at 04:00 PM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 8/15/2013) (lmb)
July 29, 2013 Opinion or Order Filing 280 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Robert A. Swift dated 7/26/2013 re: Because the judgment creditors only reached agreement today, counsel are unable to meet the Court's deadline of July 26 (today) to file a joint complaint. Accordingly, counsel request the Court's indulgence to extend the time to do the above until August 21, 2013, with the expectation that items 1 and 2 will be accomplished sooner. ENDORSEMENT: So ordered. (Signed by Judge Alvin K. Hellerstein on 7/29/2013) (lmb)
July 26, 2013 Opinion or Order Filing 279 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - NOTICE of Notice of Compliance w/ Court Directive. Document filed by Aldo Vera, Jr. (Swift, Robert) Modified on 7/26/2013 (db).
July 26, 2013 Opinion or Order ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. #279 HAS BEEN REJECTED. Note to Attorney Robert Alan Swift : 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 12, 2013 Opinion or Order Filing 278 STIPULATION AND ORDER EXTENDING TIME FOR REPLY ON HAUSLER PETITION TO DETERMINE ADVERSE CLAIMS: Hausler and Vera have agreed to an extension of time for Hausler to file her reply papers to on or before 8/2/2013. (Signed by Judge Alvin K. Hellerstein on 7/11/2013) (tro)
July 12, 2013 Opinion or Order Filing 277 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel, and subject to approval of the Court, as follows: In light of ongoing negotiations regarding a cooperation agreement by and between the three judgment creditors involved in this action, Vera and Villoldo have agreed to extend the time for Vera to respond to the Motion to Vacate until no later than August 2, 2013., ( Responses due by 8/2/2013.) (Signed by Judge Alvin K. Hellerstein on 7/11/2013) (lmb)
July 12, 2013 Opinion or Order Filing 276 STIPULATION AND ORDER ON EXTENSION OF TIME TO RESPOND TO HAUSLER PETITION TO DETERMINE ADVERSE CLAIMS: Intervenors, Alfredo Villoldo and Gustavo E. Villoldo, individually, and as Administrator, Executor, and Personal Representative of the Estate of Gustavo Villoldo Argilagos ("Villoldos") and Intervenor-Petitioner Jeannette Fuller Hausler ("Hausler") hereby stipulate and agree, subject to approval of the Court, as follows: 1. On May 31, 2013, Hausler filed a petition to determine adverse claims to certain assets in the custody of garnishees. 2. On June 13, 2013, the Court entered an order granting Villoldos' motion to intervene. 3. On June 27, 2013, the Court entered an order approving the stipulation entered into between the Villoldos and Hausler to extend the time for the Villoldos to respond to Hausler's petition to July 12, 2013. The parties have been engaging in settlement negotiations and have agreed to further extend the time for the Villoldos to respond the petition. The parties have agreed to allow the Villoldos to file their response on or before July 31, 2013., ( Responses due by 7/31/2013.) (Signed by Judge Alvin K. Hellerstein on 7/11/2013) (lmb) Modified on 7/12/2013 (lmb).
July 10, 2013 Opinion or Order Filing 275 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 6/25/13 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...(McGuirk, Kelly)
July 10, 2013 Opinion or Order Filing 274 TRANSCRIPT of Proceedings re: CONFERENCE held on 6/25/2013 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Rose Prater, (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 8/5/2013. Redacted Transcript Deadline set for 8/15/2013. Release of Transcript Restriction set for 10/11/2013.(McGuirk, Kelly)
July 2, 2013 Opinion or Order Filing 273 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Robert A. Swift dated 7/1/2013 re: Plaintiff Vera respectfully requests an extension to file a response until July 12. ENDORSEMENT: So ordered., ( Responses due by 7/12/2013.) (Signed by Judge Alvin K. Hellerstein on 7/1/2013) (lmb)
June 27, 2013 Opinion or Order Filing 272 STIPULATION AND ORDER EXTENDING TIME FOR REPLY ON HAUSLER PETITION TO DETERMINE ADVERSE CLAIMS: Hausler and Vera have agreed to an extension of time for Hausler to file her reply papers to on or before July 12, 2013., ( Replies due by 7/12/2013.) (Signed by Judge Alvin K. Hellerstein on 6/27/2013) (lmb)
June 25, 2013 Opinion or Order Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Oral Argument held on 6/25/2013 re: #69 MOTION for Turnover Order Pursuant to Federal Rule of Civil Procedure Rule 69 and CPLR5225(b). filed by Aldo Vera, Jr., #107 MOTION Uncontested Motion For Turnover Order Pursuant To Federal Rule Of Civil Procedure Rule 69 and CPLR 5225(b) Garnishee Commerzbank AG. MOTION Uncontested Motion For Turnover Order Pursuant To Federal Rule Of Civil Procedure Rule 69 and CPLR 5225(b) Garnishee Commerzbank AG. filed by Aldo Vera, Jr., #101 MOTION Uncontested Motion For Turnover Order Pursuant To Federal Rule Of Civil Proceduree 69 And CPLR 5225(b). MOTION Uncontested Motion For Turnover Order Pursuant To Federal Rule Of Civil Proceduree 69 And CPLR 5225(b). MOTION Uncontested Motion For Turnover Order Pursuant To Federal Rule Of Civil Proceduree 69 And CPLR 5225(b). filed by Aldo Vera, Jr., #51 MOTION Motion for Turnover Order Pursuant to Federal Rule of Civil Procedure Rule 69 and CPLR 5225(b). filed by Aldo Vera, Jr., #159 MOTION Uncontested Motion For Turnover Order Pursuant To Federal RuleOf Civil Procedure 69 And CPLR 5225(b) Standard Chartered Bank. MOTION Uncontested Motion For Turnover Order Pursuant To Federal RuleOf Civil Procedure 69 And CPLR 5225(b) Standard Chartered Bank. filed by Aldo Vera, Jr., #49 MOTION for Turnover Order Pursuant to Federal Rule of Civil Procedure Rule 69 and CPLR 5225 (b). filed by Aldo Vera, Jr., #62 MOTION FOR TURNOVER ORDER re: Note to Attorney to Re-File Document - Deficient Docket Entry Error,. filed by Aldo Vera, Jr., #94 MOTION For Turnover Order Pursuant To Federal Rule Of Civil Procedure Rule 69 And CPLR 5225(b).. filed by Aldo Vera, Jr., #123 MOTION Motion For Turnover Order Pursuant To Federal Rule Of Civil Procedure Rule 69 And CPLR 5225(b). MOTION Motion For Turnover Order Pursuant To Federal Rule Of Civil Procedure Rule 69 And CPLR 5225(b). filed by Aldo Vera, Jr., #199 MOTION FOR TURNOVER ORDER PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE RULE 69 AND CPLR 5225(B) PNC BANK N.A.. filed by Aldo Vera, Jr.. (Court Reporter Elena Lynch) (Jones, Brigitte)
June 25, 2013 Opinion or Order Filing 271 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Mercantil Commercebank Florida Bankcorp Inc., Corporate Parent Mercantil Commercebank Holding Corporation, Corporate Parent Mercantil Servicios Financieros, S.A. for Mercantil Commercebank, N.A.. Document filed by Mercantil Commercebank, N.A..(Glickman, Barry)
June 25, 2013 Opinion or Order Filing 270 NOTICE OF APPEARANCE by Barry Jay Glickman on behalf of Mercantil Commercebank, N.A.. (Glickman, Barry)
June 25, 2013 Opinion or Order Filing 269 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Standard Chartered PLC for Standard Chartered Bank. Document filed by Standard Chartered Bank.(Glickman, Barry)
June 25, 2013 Opinion or Order Filing 268 NOTICE OF APPEARANCE by Barry Jay Glickman on behalf of Standard Chartered Bank. (Glickman, Barry)
June 25, 2013 Opinion or Order Filing 267 CERTIFICATE OF SERVICE of (1) Plaintff-Respondent Vera's Amended Answer to Hauler's Petition to Determine Adverse Claims Pursuant to FRCP 69 and CPLR 5239 (2) Plaintiff's Amended Memorandum In Support of Vera's Priority and In Opposition to Hausler's Priority to Assets of the Republic of Cuba In Garnishee's Custody and (3) Amended Declaration of Robert A.Swift with supporting exhibits. served on Mark Putmam Gimbel ( Atty's for Deutsche Bank Trust Company Americas ), Paul Antony Saso ( Atty's for Commerzebank,AG), Hayward Homes Smith (Atty's for RBS Citizens,N.A.), Beth llana Goldman & Edward Henry Rosenthal ( Atty's for Alfredo Villoldo), Brandon R.Levitt ( Atty's for Alfredo Villoldo ) and James Wilso Perkins ( Atty's for Jeanette Fuller Hausler). on 06/24/2013. Service was made by First Class Mail. Document filed by Aldo Vera, Jr, Aldo Vera, Jr. (Al-Shibib, Luma)
June 25, 2013 Opinion or Order Filing 266 CERTIFICATE OF SERVICE of (1) Plaintff-Respondent Vera's Amended Answer to Hauler's Petition to Determine Adverse Claims Pursuant to FRCP 69 and CPLR 5239 (2) Plaintiff's Amended Memorandum In Support of Vera's Priority and In Opposition to Hausler's Priority to Assets of the Republic of Cuba In Garnishee's Custody and (3) Amendeded Declaration of Robert A.Swift with supporting exhibits. served on Ministry of Foreign Affairs,Republic of Cuba,Calzada #360,Vedado,Havana Cuba on 06/24/2013. Service was made by International Mail. Document filed by Aldo Vera, Jr, Aldo Vera, Jr. (Al-Shibib, Luma)
June 24, 2013 Opinion or Order Filing 265 STIPULATION AND ORDER ON EXTENSION OF TIME TO RESPOND TO HAUSLER PETITION TO DETERMINE ADVERSE CLAIMS. Hausler and the Villoldos have agreed to an extension of time for the Villoldos to respond to Hausler's petition. The parties have agreed to allow the Villoldos to file their response on or before July 12, 2013 and to allow Hausler to file her reply on or before July 26, 2013, and as further set forth. (Responses due by 7/12/2013. Replies due by 7/26/2013.) (Signed by Judge Alvin K. Hellerstein on 6/24/2013) (rjm) Modified on 6/27/2013 (rjm).
June 24, 2013 Opinion or Order Filing 264 DECLARATION of Robert A.Swift re: #227 Memorandum of Law in Support,. Document filed by Aldo Vera, Jr, Aldo Vera, Jr. (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)(Swift, Robert)
June 24, 2013 Opinion or Order Filing 263 AMENDED MEMORANDUM OF LAW in Support re: #227 Memorandum of Law in Support, of Vera's Priority and In Opposition to Hausler's Priority to Assets of The Republic of Cuba in Garnishee's Custody. Document filed by Aldo Vera, Jr. (Swift, Robert)
June 24, 2013 Opinion or Order Filing 262 AMENDED RESPONSE to #255 Petition (Other), Petition (Other). Document filed by Aldo Vera, Jr, Aldo Vera, Jr. (Swift, Robert)
June 24, 2013 Opinion or Order Filing 261 NOTICE of Filing Motion to Stay Filed in Florida State Court Proceedings. Document filed by Alfredo Villoldo, Gustavo E. Villoldo. (Levitt, Brandon)
June 21, 2013 Opinion or Order Filing 260 CERTIFICATE OF SERVICE of Plaintiff-Respondent Vera's Answer to Hausler's Petition to Determine Adverse Claims Pursuant to FRCP 69 and CPLR 5239 served on Mark Putman Gimbel ( Atty's for Deutsche Bank Trust Company Americas ) Paul Anthony Saso ( Atty's for Commerzebank,AG), Haword Homes Smith ( Atty's for RBS Citizens,N.A.), Beth llana Goldman & Edward Henry Rosenthal ( Atty's for Alfredo Villodo), Brandon R.Levit ( Atty's for Alfredo Villoldo), James Wilson Perkins ( Atty's for Jeanette Fuller Hausler ) on 06/20/2013. Service was made by First Class Mail. Document filed by Aldo Vera, Jr. (Al-Shibib, Luma)
June 21, 2013 Opinion or Order Filing 259 CERTIFICATE OF SERVICE of Plaintiff-Respondent Vera's Answer to Hausler's Petition to Determine Adverse Claims Pursuant to FRCP 69 and CPLR 5239 served on Ministry of Foreign Affairs,Republic of Cuba,Calzada #360,Vedado Havana,Cuba on 6/20/2013. Service was made by International Mail. Document filed by Aldo Vera, Jr. (Al-Shibib, Luma)
June 20, 2013 Opinion or Order Filing 258 NOTICE OF APPEARANCE by Karen E Wagner on behalf of Intesa Sanpaolo S.p.A.. (Wagner, Karen)
June 20, 2013 Opinion or Order Filing 257 RESPONSE re: #255 Petition (Other), Petition (Other) Plaintiff-Respondent Vera's Answer to Hausler's Petition to Determine Adverse Claims Pursuant to FRCP 69 and CPLR 5239. Document filed by Aldo Vera, Jr, Aldo Vera, Jr. (Swift, Robert)
June 20, 2013 Opinion or Order Filing 256 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Andrew Clifford Hall to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8623174. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Alfredo Villoldo, Gustavo E. Villoldo. (Attachments: #1 Text of Proposed Order)(Rosenthal, Edward) Modified on 6/20/2013 (bcu).
June 20, 2013 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #256 MOTION for Andrew Clifford Hall to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8623174. 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 from the State Court of Florida not the District Court. 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)
June 19, 2013 Opinion or Order Filing 254 CERTIFICATE OF SERVICE of 1) Motion to Vacate the Judgment for Lack of Subject Matter Jurisdiction, to Account for all Funds Received, and to Disgorge; 2) Memorandum in Support of Motion to Vacate Judgment for Lack of Subject Matter Jurisdiction, to Account for all Funds Received, and to Disgorge; and 3) Declaration of Andrew C. Hall in Support of Motion to Vacate the Judgment for Lack of Subject Matter Juridiction, to Account for all Funds Received, and to Disgorge on June 18, 2013. Document filed by Alfredo Villoldo, Gustavo E. Villoldo. (Levitt, Brandon)
June 18, 2013 Opinion or Order Filing 253 DECLARATION in Support re: #251 MOTION to Vacate the Judgment for Lack of Subject Matter Jurisdiction, to Account for All Funds Received, and to Disgorge.. Document filed by Alfredo Villoldo, Gustavo E. Villoldo. (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)(Levitt, Brandon)
June 18, 2013 Opinion or Order Filing 252 MEMORANDUM OF LAW in Support re: #251 MOTION to Vacate the Judgment for Lack of Subject Matter Jurisdiction, to Account for All Funds Received, and to Disgorge.. Document filed by Alfredo Villoldo, Gustavo E. Villoldo. (Levitt, Brandon)
June 18, 2013 Opinion or Order Filing 251 MOTION to Vacate the Judgment for Lack of Subject Matter Jurisdiction, to Account for All Funds Received, and to Disgorge. Document filed by Alfredo Villoldo, Gustavo E. Villoldo.(Levitt, Brandon)
June 17, 2013 Opinion or Order Filing 250 CERTIFICATE OF SERVICE of Commerzbank AG's Answer, Memorandum of Law, and Declaration of Walter Petzinger in Response to Intervenor-Petitioner Jeannette Fuller Hausler's Petition to Determine Adverse Claims Pursuant to FRCP 69 and CPLR 5239 on June 17, 2013. Document filed by Commerzbank AG. (Myers, Terry)
June 17, 2013 Opinion or Order Filing 249 DECLARATION of Walter Petzinger re: #227 Memorandum of Law in Support, #226 Declaration in Support,, in Response to Intervenor-Petitioner Jeannette Fuller Hausler's Petition to Determine Adverse Claims Pursuant to FRCP 69 and CPLR 5239. Document filed by Commerzbank AG. (Attachments: #1 Exhibit A)(Myers, Terry)
June 17, 2013 Opinion or Order Filing 248 MEMORANDUM OF LAW re: #227 Memorandum of Law in Support, #226 Declaration in Support,, in Response to Intervenor-Petitioner Jeannette Fuller Hausler's Petition to Determine Adverse Claims Pursuant to FRCP 69 and CPLR 5239. Document filed by Commerzbank AG. (Myers, Terry)
June 17, 2013 Opinion or Order Filing 247 RESPONSE (Answer) to Intervenor-Petitioner Jeannette Fuller Hausler's Petition to Determine Adverse Claims Pursuant to FRCP 69 and CPLR 5239. Document filed by Commerzbank AG. (Myers, Terry)
June 17, 2013 Opinion or Order Filing 246 CERTIFICATE OF SERVICE of (1) Plaintiff's Memorandum In Support of Vera's Priority and In Opposition to Hausler's Priority to Assets of The Republic of Cuba in Garnishees' Custody and (2) Declaration of Robert A.Swift (with supporting exhibits ) served on Mark Putnam Gimble of Covington & Burling LLP (NYC) 620 Eight Ave,New York,NY 10018-1405 ( Atty's for Deutsche Bank Trust Company Americas),Paul Anthony Saso of Gibbons P.C.(NY) One Pennsylvania Plaza,37th Floor New York, NY 10119 (Atty's for Commerzebank,AG) and Hayward Homes Smith of Davis Polk & Wardwell L.L.P 450 Lexington Ave, New York,NY 10017 (Atty's for RBS Citizens,N.A.) on 06/13/2013. Service was made by First Class Mail. Document filed by Aldo Vera, Jr. (Al-Shibib, Luma)
June 17, 2013 Opinion or Order Filing 245 CERTIFICATE OF SERVICE of (1) Plaintiff's Memorandum In Support of Vera's Priority and In Opposition to Hausler's Priority to Assets of The Republic of Cuba in Garnishees' Custody and (2) Declaration of Robert A.Swift (with supporting exhibits ) served on Beth IIana Golman,Edward Henry Rosenthal of Frankfurt Kurnit Klein & Selz P.C. 488 Madison Ave,New York,N Y10022 (Atty's for Alfredo Villoldo), Brandon R.Levitt of Kachroo Legal Services, P.C.245 Park Ave,9th Floor, New York,NY 10167 ( Atty's for Alfredo Villoldo) and James Wilson Perkins of Greenberg Traurig,LLP 200 Park Ave, NY 10166( Atty's for Jeanette Fuller Hausler ). on 06/17/2013. Service was made by hand delivry.. Document filed by Aldo Vera, Jr. (Al-Shibib, Luma)
June 17, 2013 Opinion or Order Filing 244 CERTIFICATE OF SERVICE of (1) Plaintiff's Memorandum In Support of Vera's Priority and In Opposition to Hausler's Priority to Assets of The Republic of Cuba in Garnishees' Custody and (2) Declaration of Robert A.Swift (with supporting exhibits ) served on Ministry of Foreign Affairs Republic of Cuba Calzada #360,Vedado Havana Cuba on 06/17/2013. Service was made by International Mail. Document filed by Aldo Vera, Jr. (Al-Shibib, Luma)
June 17, 2013 Opinion or Order Filing 243 DECLARATION of Robert A.Swift in Support re: #242 Memorandum of Law in Opposition,. Document filed by Aldo Vera, Jr. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Swift, Robert)
June 17, 2013 Opinion or Order Filing 242 MEMORANDUM OF LAW in Opposition re: #227 Memorandum of Law in Support, of Vera's Prority and In Opposition to Hausler's Proiority to Assests of The Republic of Cuba in Garnishees' Custody. Document filed by Aldo Vera, Jr. (Swift, Robert)
June 13, 2013 Opinion or Order Filing 241 MEMO ENDORSEMENT on MOTION FOR ORDER CONFIRMING INTERVENTION OR, IN THE ALTERNATIVE,TO INTERVENE. ENDORSEMENT: Intervention is granted. Granting #218 Motion for Order Confirming Intervention Or, in the Alternative, to Intervene. (Signed by Judge Alvin K. Hellerstein on 6/12/2013). (rjm)
June 7, 2013 Opinion or Order Filing 240 CERTIFICATE OF SERVICE of (1) Plaintiff's Reply memorandum in Support of Motion to Compel Full and Complete Answers to Information Subponeas (2) Second Declaration of Robert A.Swift In Support of Motion to Compel Full and Complete Answers to Information Subpoenas (with supporting exhibits) and (3) Affidavit of Jaime Suchlicki,sworn to on 4/8/13 with ( with supporting exhibits) served on Ministry of Foreign Affairs Republic of Cuba,Calzada #360,Vedado, Havana, Cuba on 06/07/2013. Service was made by International Mail. Document filed by Aldo Vera, Jr. (Al-Shibib, Luma)
June 7, 2013 Opinion or Order Filing 239 CERTIFICATE OF SERVICE of (1) Plaintiff's Reply memorandum in Support of Motion to Compel Full and Complete Answers to Information Subponeas (2) Second Declaration of Robert A.Swift In Support of Motion to Compel Full and Complete Answers to Information Subpoenas (with supporting exhibits) and (3) Affidavit of Jaime Suchlicki,sworn to on 4/8/13 with ( with supporting exhibits). served on Jennifer G.Newstead at Davis Polk & Wardwell LLP, 450 Lexington Ave,New York, NY 10017 (Intesa Sanpaolo S.p.A ) and Leslie Arias of Bance Santander,S.A.,45 East 53rd Street,New York,NY 10022 ( Bance Santander S.A.) on 06/07/2013. Service was made by mail. Document filed by Aldo Vera, Jr. (Al-Shibib, Luma)
June 7, 2013 Opinion or Order Filing 238 AFFIDAVIT of Jaime Suchlicki in Support re: #193 MOTION to Compel Garnishees Banco Santander, SA and Intesta Sanpaola S.p.A to furnish full and complete answers to an information subpoena served on each more than four (4) months ago... Document filed by Aldo Vera, Jr. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Swift, Robert)
June 7, 2013 Opinion or Order Filing 237 DECLARATION of Second Declaration of Robert A.Swift in Support re: #193 MOTION to Compel Garnishees Banco Santander, SA and Intesta Sanpaola S.p.A to furnish full and complete answers to an information subpoena served on each more than four (4) months ago... Document filed by Aldo Vera, Jr. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Swift, Robert)
June 7, 2013 Opinion or Order Filing 236 REPLY MEMORANDUM OF LAW in Support re: #193 MOTION to Compel Garnishees Banco Santander, SA and Intesta Sanpaola S.p.A to furnish full and complete answers to an information subpoena served on each more than four (4) months ago... Document filed by Aldo Vera, Jr. (Swift, Robert)
June 7, 2013 Opinion or Order CLERK CERTIFICATE OF MAILING RECEIVED for one copy of the Summons and Complaint (Including Exhibits 1 and 2, Notice of Suit, Translator Affidavit and a Spanish translation of each of the Summons, Complaint including Exhibit 1 and 2 Notice of Suit, and Translator Affidavit mailed to Minister Bruno Eduardo Rodriguez Parrilla at the following address: Cuban Ministry of Foreign Affairs, Calzada # 360, Vedado, Havana, Cuba on 04/09/2012 by DHL tracking # DHL 86 7277 0201, as per #2 Clerk Certificate of Mailing, RECEIVED ON: 12/17/2012. (ca)
June 6, 2013 Opinion or Order Filing 235 CERTIFICATE OF SERVICE of Response to Notice of Filing by Alfredo and Gustavo Villoldo of Western District of Pennsylvania Court Order served on Ministry of Foreign Affiars Republic of Cuba,Calzada #360, Vedado,Havana Cuba on 06/06/2013. Service was made by International Mail. Document filed by Aldo Vera, Jr. (Swift, Robert)
June 6, 2013 Opinion or Order Filing 234 CERTIFICATE OF SERVICE of Response to Notice of Filing by Alfredo and Gustavo Villoldo of Western District of Pennsylvania Court Order served on Edward H.Rosenhal,Esq and Beth I Goldman,Esq of Frankfurt Kurnit Klien & Selz,P.C.,488 Madison Ave,10th Floor,New York NY,10022 and Andrew C.Hall Esq.,Roarke Maxwell Esq. and Brandon R.Levitt,Esq of Hall.Lamb and Hall P.A. 2665 South Bayshore Drive, PH1,Miami, FL 33133 on 06/06/2013. Service was made by mail. Document filed by Aldo Vera, Jr. (Swift, Robert)
June 6, 2013 Opinion or Order Filing 233 CERTIFICATE OF SERVICE of Response to Notice of Filing by Alfredo and Gustavo Villoldo of Western District of Pennsylvania Court Order served on Allen E.Molnar,Esq of Harris Beach PLLC., New york City Office,100 Wall Steet Office,New York,NY 10005 on 06/06/2013. Service was made by mail. Document filed by Aldo Vera, Jr. (Swift, Robert)
June 6, 2013 Opinion or Order Filing 232 RESPONSE re: #229 Notice (Other), Notice (Other) of Filing by Alfredo and Gustavo Villoldo of Western District of Pennsylvania Court Order. Document filed by Aldo Vera, Jr. (Swift, Robert)
June 5, 2013 Opinion or Order Filing 231 CLERK CERTIFICATE OF MAILING of one copy of the SUMMONS AND COMPLAINT (INCLUDING EXHIBITS 1 AND 2 THERETO) FILED IN THE ABOVE- REFERENCED ACTION, NOTICE OF SUIT; DATED MARCH 12, 2013, NOTICE OF DEFAULT JUDGMENT, DATED MAY 8, 2013, JUDGMENT, DATED AUGUST 17, 2012, ISSUED BY HONORABLE ALVIN K. HELLERSTEIN, IN THIS ACTION AGAINST THE DEFENDANT, AND AWARDING PLANTIFF $49,346,713.22 (D.I. 12) (THE "JUDGMENT"), NOTICE OF RIGHT TO APPEAL WITH BLANK COURT FORMS (D.I. 12-1) (THE "NOTICE OF RIGHT TO APPEAL"), THE FOREIGN SOVEREIGN IMMUNITIES ACT OF 1976, AS AMENDED (THE "FISA"), TRANSLATOR'S AFFIDAVIT OF ALEXANDRA R. WALEKO, DATED MARCH 12, 2012; TRANSLATOR'S AFFIDAVIT OF ALEXANDRA R. WALEKO, DATED MAY 8, 2013 (THE TWO TRANSLATOR'S AFFIDAVITS ARE COLLECTIVELY REFERRED TO HEREIN AS THE " TRANSLATOR AFFIDAVITS"); AND, A SPANISH TRANSLATION OF EACH OF THE:(i) SUMMONS (ii) COMPLAINT, (iii) NOTICE OF SUIT; (iv) NOTICE OF DEFAULT JUDGMENT; (v) JUDGMENT; (vi) NOTIC OF RIGHT TO APPEAL; (vii) THE FSIA; AND (viii) THE TRANSLATOR AFFIDAVITS, WITH EACH TRANSLATION APPENDED TO THE BACK OF THE ORIGINAL ENGLISH DOCUMENT TO WHICH IT CORRESPONDS. mailed to MINISTER BRUNO EDUARDO RODRIGUEZ PARILLA, CYBAN MINISTRY OF FOREIGN AFFAIRS, CALZADA #360, VEDADO, HAVANA, CUBA on 6/4/2013 by DHL tracking # 91 3010 8175, to the head of the ministry of foreign affairs, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(a)(3). (jvs)
June 5, 2013 Opinion or Order CLERK CERTIFICATE OF MAILING UNEXECUTED for one copy of the Summons and Complaint Notice of Suit dated March 12, 2013 Notice of Default Judgment dated May 8, 2013 Judgment dated August 17, 2012 Notice of Right to Appeal Foreign Sovereign Immunities Act Translators Affidavit dated March 12, 2012 Translators Affidavit dated May 8, 2013 Spanish Translation of all documents mailed to MINISTER BRUNO EDUARDO RODRIGUEZ PARRILLA, CUBAN MINISTRY OF FOREIGN AFFAIRS CALZADA #360, VEDADO HAVANA, CUBA on 05/15/2013 by DHL tracking # DHL 17-1848-9065, as per #205 Clerk Certificate of Mailing. Confirmation that delivery was executed was not received by the Clerk's Office. (ca)
June 4, 2013 Opinion or Order Filing 230 SEALED DOCUMENT placed in vault.(nm)
June 3, 2013 Opinion or Order Filing 229 NOTICE of Filing Court Order Entered in Western District of Pennsylvania. Document filed by Alfredo Villoldo, Gustavo E. Villoldo. (Attachments: #1 Exhibit Order Granting Motion for Entry of Order Pursuant to 28 U.S.C. 1610(c) as to the Account of the Cuban Telephone Company Held by Garnishee PNC Bank, N.A.)(Levitt, Brandon)
June 3, 2013 Opinion or Order Filing 228 STIPULATION AND ORDER. IT IS HEREBY STIPULATED AND AGREED, between counsel for plaintiffs and counsel for DBTCA, as follows: 1. Production of documents by DBTCA in this action shall be subject to the annexed protective agreement and order, as so ordered by the Court on January 14, 2013. 2. Entering into this stipulation shall be deemed to have the same force and effects as execution of a counterpart to the protective agreement and order as provided in paragraph L thereof. 3. Upon execution, this stipulation shall have the effect of an agreement between the signatories hereto and is not conditioned on any eventual court order, if any approving this stipulation. (Signed by Judge Alvin K. Hellerstein on 5/31/2013) (rjm)
May 31, 2013 Opinion or Order Filing 255 INTERVENOR PETITIONER JEANNETTE FULLER HAUSLER'S PETITION TO DETERMINE ADVERSE CLAIMS PURSUANT TO FRCP 69 AND CPLR 5239. Document filed by Jeanette Fuller Hausler.(tro) ***Proposed Order and Notice attached to Original. Modified on 6/20/2013 (tro).
May 31, 2013 Opinion or Order Filing 227 MEMORANDUM OF LAW in Support of Intervenor-Petitioner Jeannette Hausler's Petition to Determine Adverse Claims Pursuant to FRCP 69 and CPLR 5239 Filed in hard copy with the Court on 5/31/13. Document filed by Jeanette Fuller Hausler. (Perkins, James)
May 31, 2013 Opinion or Order Filing 226 DECLARATION of James W. Perkins in Support. Document filed by Jeanette Fuller Hausler. (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)(Perkins, James)
May 31, 2013 Opinion or Order Filing 225 NOTICE OF APPEARANCE by James Wilson Perkins on behalf of Jeanette Fuller Hausler (Perkins, James)
May 31, 2013 Opinion or Order Filing 224 CERTIFICATE OF SERVICE of Reply Memorandum in Opposition to the Memorandum of the Villoldo Plaintiffs; and in Support of Turnover Motion re PNC Bank, N.A., and Declaration of Robert A. Swift ( with supporting Exhibits ). served on Edward H. Rosenthal, Esq., Beth I. Goldman, Esq., Frankfurt Kurnit Klein & Selz, P.C., 488 Madison Avenue, 10th Floor, New York, New York 10022. Andrew C. Hall, Esq., Roarke Maxwell, Esq., Brandon R. Levitt, Esq., Hall, Lamb and Hall, P.A., 2665 South Bayshore Drive, PH1, Miami, FL 33133. on 05/30/2013. Service was made by Mail. Document filed by Aldo Vera, Jr. (Al-Shibib, Luma)
May 31, 2013 Opinion or Order Filing 223 CERTIFICATE OF SERVICE of Reply Memorandum in Opposition to the Memorandum of the Villoldo Plaintiff; and in Support of Turnover Motion re PNC Bank, N.A., and Declaration of Robert A. Swift ( with supporting Exhibits ). served on Allen E. Molnar, Esq., Harris Beach PLLC, New York City Office, 100 Wall Street, New York, NY 10005 on 05/30/2013. Service was made by Mail. Document filed by Aldo Vera, Jr. (Al-Shibib, Luma)
May 30, 2013 Opinion or Order Filing 222 CERTIFICATE OF SERVICE of Reply Memorandum in Opposition to the Memorandum of the Villoldo Plaintiff; and In Support of Turnover Motion re PNC Bank, N.A., and Declaration of Robert A. Swift ( with supporting Exhibits). served on Ministry of Foreign Affairs, Republic of Cuba, Calzada #360, Vedado, Havana, Cuba. on 05/30/2013. Service was made by International Mail. Document filed by Aldo Vera, Jr. (Al-Shibib, Luma)
May 30, 2013 Opinion or Order Filing 221 DECLARATION of Robert A. Swift in Support re: #199 MOTION FOR TURNOVER ORDER PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE RULE 69 AND CPLR 5225(B) PNC BANK N.A... Document filed by Aldo Vera, Jr. (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)(Swift, Robert)
May 30, 2013 Opinion or Order Filing 220 REPLY MEMORANDUM OF LAW in Support re: #199 MOTION FOR TURNOVER ORDER PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE RULE 69 AND CPLR 5225(B) PNC BANK N.A... Document filed by Aldo Vera, Jr. (Swift, Robert)
May 30, 2013 Opinion or Order Filing 219 RESPONSE to Motion re: #218 MOTION for Order Confirming Intervention Or, in the Alternative, to Intervene.. Document filed by Commerzbank AG. (Saso, Paul)
May 29, 2013 Opinion or Order Filing 218 MOTION for Order Confirming Intervention Or, in the Alternative, to Intervene. Document filed by Alfredo Villoldo, Gustavo E. Villoldo. (Attachments: #1 Text of Proposed Order)(Rosenthal, Edward)
May 24, 2013 Opinion or Order Filing 217 DECLARATION of Jennifer G. Newstead in Opposition re: #193 MOTION to Compel Garnishees Banco Santander, SA and Intesta Sanpaola S.p.A to furnish full and complete answers to an information subpoena served on each more than four (4) months ago... Document filed by Intesa Sanpaolo S.p.A.. (Attachments: #1 Exhibit AAA, #2 Exhibit BBB)(Kerr, James)
May 24, 2013 Opinion or Order Filing 216 DECLARATION of Alberto Romano in Support re: #214 Memorandum of Law in Opposition to Motion,. Document filed by Intesa Sanpaolo S.p.A.. (Attachments: #1 Exhibit AA)(Kerr, James)
May 24, 2013 Opinion or Order Filing 215 DECLARATION of Valerio Tavormina in Support re: #214 Memorandum of Law in Opposition to Motion,. Document filed by Intesa Sanpaolo S.p.A.. (Attachments: #1 Exhibit A)(Kerr, James)
May 24, 2013 Opinion or Order Filing 214 MEMORANDUM OF LAW in Opposition re: #193 MOTION to Compel Garnishees Banco Santander, SA and Intesta Sanpaola S.p.A to furnish full and complete answers to an information subpoena served on each more than four (4) months ago... Document filed by Intesa Sanpaolo S.p.A.. (Kerr, James)
May 22, 2013 Opinion or Order Filing 213 SEALED DOCUMENT placed in vault.(mps)
May 21, 2013 Opinion or Order Filing 212 AMENDED MEMORANDUM OF LAW in Opposition re: #199 MOTION FOR TURNOVER ORDER PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE RULE 69 AND CPLR 5225(B) PNC BANK N.A.. (redacted). Document filed by Alfredo Villoldo, Gustavo E. Villoldo. (Attachments: #1 Exhibit A (redacted), #2 Exhibit B, #3 Exhibit C)(Rosenthal, Edward)
May 21, 2013 Opinion or Order Filing 211 NOTICE OF APPEARANCE by Beth Ilana Goldman on behalf of Alfredo Villoldo, Gustavo E. Villoldo (Goldman, Beth)
May 21, 2013 Opinion or Order Filing 210 NOTICE OF APPEARANCE by Edward Henry Rosenthal on behalf of Alfredo Villoldo, Gustavo E. Villoldo (Rosenthal, Edward)
May 20, 2013 Opinion or Order Filing 209 SEALED DOCUMENT placed in vault.(mps)
May 20, 2013 Opinion or Order Filing 208 MEMORANDUM OF LAW in Opposition re: #199 MOTION FOR TURNOVER ORDER PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE RULE 69 AND CPLR 5225(B) PNC BANK N.A.. (redacted). Document filed by Alfredo Villoldo, Gustavo E. Villoldo. (Attachments: #1 Exhibit A (redacted), #2 Exhibit B, #3 Exhibit C)(Rosenthal, Edward)
May 20, 2013 Opinion or Order Filing 207 STIPULATION AND ORDER PERMITTING LIMITED INTERVENTION PURSUANT TO FRCP 24(a)(2). Petitioners in Jeannette Hausler et al. V. Republic of Cuba et al., No 09-10289, may intervene in the Turnover Motions pending in this Court against DBTCA, Commerzbank and RBS Citizens for the purpose of asserting priority and entitlement to the above-referenced assets in the custody of these Garnishees pursuant to FRCP 24(a)(2). This stipulation is without prejudice to any position taken by any of the parties to this proceeding (including Intervenor Hausler) with respect to any pending motions, including but not limited to the Turnover Motions filed by Petitioner Aldo Vera, the Cross-Motion to Stay Proceedings filed by DBTCA (Vera docket ECF #119), and the Cross-Motion to Stay filed by RBS Citizens (Vera docket ECF #110). (Signed by Judge Alvin K. Hellerstein on 5/17/2013). (rjm)
May 16, 2013 Opinion or Order Filing 206 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from James L. Kerr dated 5/15/2013 re: Intesa is requesting a four-day adjournment of the deadline to oppose Plaintiff's motion, and Plaintiff has consented to the request. The adjournment requested would result in Intesa's response being due on May 24th, with Plaintiff's reply in further support of the motion being due on June 7, 2013. ENDORSEMENT: Adjournment granted. So ordered. (Responses due by 5/24/2013. Replies due by 6/7/2013.) (Signed by Judge Alvin K. Hellerstein on 5/16/2013). (rjm).
May 15, 2013 Opinion or Order Filing 205 CLERK CERTIFICATE OF MAILING of one copy of the Summons and Complaint Notice of Suit dated March 12, 2013 Notice of Default Judgment dated May 8, 2013 Judgment dated August 17, 2012 Notice of Right to Appeal Foreign Sovereign Immunities Act Translators Affidavit dated March 12, 2012 Translators Affidavit dated May 8, 2013 Spanish Translation of all documents mailed to MINISTER BRUNO EDUARDO RODRIGUEZ PARRILLA, CUBAN MINISTRY OF FOREIGN AFFAIRS CALZADA #360, VEDADO HAVANA, CUBA on 05/15/2013 by DHL tracking # DHL 17-1848-9065, to the head of the ministry of foreign affairs, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(a)(3). (ca)
May 13, 2013 Opinion or Order Filing 204 ORDER. Plaintiff and the garnishee banks who are contesting Plaintiff's turnover motions shall appear before me for oral argument on June 25, 2013, at 2:30 p.m. in Courtroom 14D. The participants should be prepared to discuss the issues as further specified in this order. (Oral Argument set for 6/25/2013 at 02:30 PM in Courtroom 14D, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 5/13/2013). (rjm)
May 9, 2013 Opinion or Order Filing 203 ENDORSED LETTER: addressed to Judge Victor Marrero from Robert A. Swift dated 4/29/2013 re: Counsel for Plaintiff writes The Vera judgment against the Republic of Cuba was entered August 20, 2012 (Vera ECF # 12), and a 28 USC 16lO(c) Order permitting execution entered on October 11, 2012. (Vera ECF # 19) Counsel for Vera were informed by the U.S. Treasury Department, Office of Foreign Assets Control, that both Deutsche Bank AG and Deutsche Bank Trust Company Americas were in possession of Cuban assets blocked pursuant to CACR. See Exhibit 1. Vera served information subpoenas and restraining notices on both entities. Vera then had the US Marshal serve a writ of execution on Deutsche Bank Trust Company Americas on January 4, 2013. This was followed by a Motion for Turnover filed on February 28, 2013 which is fully briefed and awaits decision. Prior to filing the Motion for Turnover, counsel reviewed Orders entered by your Honor in Hausler and verified that there was no extension of time granted to the Hausler plaintiffs to file a turnover proceeding against Deutsche Bank Trust Company Americas, only "Deutsche Bank [AG]". ENDORSEMENT: Upon consideration of the matter set forth above as well as the letter dated 4/19/2013 addressed to this Court by Plaintiff in case number 09-cv-10289, the Court is persuaded that the dispute regarding the proper Deutsche bank entity belongs in the Vera v. Republic of Cuba 12-civ-1596 litigation should be addressed to Judge Hellerstein. So Ordered. (Signed by Judge Victor Marrero on 5/9/2013) (js)
May 8, 2013 Opinion or Order Filing 202 SEALED DOCUMENT placed in vault.(nm)
May 7, 2013 Opinion or Order Filing 201 CERTIFICATE OF SERVICE of Motion for Turnover Order Pursuant to Federal Rule of Civil Procedure 69 and CPL 5225(B) served on Ministry of Foreign Affairs, Rupblic of Cuba, Calzada #360, Vedado, Havana, Cuba on 05/07/2013. Service was made by International Mail. Document filed by Aldo Vera, Jr. (Al-Shibib, Luma)
May 7, 2013 Opinion or Order Filing 200 CERTIFICATE OF SERVICE of Motion for Turnover Order Pursuant to Federal Rule of Civil Procedure Rule 69 and CPLR 5225(b) served on Allen E. Molnar, Esq., Harris Beach PLLC, New York Office, 100 Wall Street, New York, NY 10005. on 05/07/2013. Service was made by Mail. Document filed by Aldo Vera, Jr. (Al-Shibib, Luma)
May 7, 2013 Opinion or Order Filing 199 MOTION FOR TURNOVER ORDER PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE RULE 69 AND CPLR 5225(B) PNC BANK N.A.. Document filed by Aldo Vera, Jr. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Swift, Robert)
May 6, 2013 Opinion or Order Filing 198 ORDER. National Bank of Cansda moved to intervene on March 25, 2013 on the grounds that one of Plaintiff's turnover motions implicated an account that National Bank of Canada had an interest in. Since then, Plaintiff has amended his turnover motion so that it no longer involves that account, and National Bank of Canada has withdrawn its request to intervene. In light of Plaintiff's amendment, I deny National Bank of Canada's motion as academic. The clerk shallmark the motion (Doc. No. 137) terminated. Denying #137 Motion to Intervene. (Signed by Judge Alvin K. Hellerstein on 5/6/2013). (rjm)
May 1, 2013 Opinion or Order Filing 197 CERTIFICATE OF SERVICE of (i) Plaintiff's Motion to Compel Full and Complete Answers to Information Subpoenas; (ii) Declaration of Robert A. Swift In Support of Motion to Compel Full and Complete Answers to Information Subpoenas ( with supporting exhibits); (iii) Memorandum In Support of Plaintiff's Motion to Compel Full and Complete Answers to Information Subpoenas. served on Jennifer G. Newstead, Davis Polk & Wardwell LLP, 450 Lexington Avenue, New York, NY 10017 ( Intesa Sanpaolo S.p.A.). Leslie Arias, Banco Santander, S.A. 45 East 53rd Street, New York, New York 10022 ( Banco Santander, S.A.) on 05/01/2013. Service was made by Mail.. Document filed by Aldo Vera, Jr. (Al-Shibib, Luma)
May 1, 2013 Opinion or Order Filing 196 CERTIFICATE OF SERVICE of (i) Plaintiff's Motion to Compel Full and Complete Answers to Information Subpoenas; (ii) Declaration of Robert A. Swift In Support of Motion to Compel Full and Complete Answers to Information Subpoenas ( with supporting exhibits); and (iii) Memorandum In Support of Plaintiff's Motion to Compel Full and Complete Answers to Information Subpoenas. served on Ministry of Foreign Affairs, Republic of Cuba, Calzada #360, Vedado, Havava, Cuba. on 05/01/2013. Service was made by International Mail.. Document filed by Aldo Vera, Jr. (Al-Shibib, Luma)
May 1, 2013 Opinion or Order Filing 195 MEMORANDUM OF LAW in Support re: #193 MOTION to Compel Garnishees Banco Santander, SA and Intesta Sanpaola S.p.A to furnish full and complete answers to an information subpoena served on each more than four (4) months ago... Document filed by Aldo Vera, Jr. (Swift, Robert)
May 1, 2013 Opinion or Order Filing 194 DECLARATION of Robert A. Swift in Support re: #193 MOTION to Compel Garnishees Banco Santander, SA and Intesta Sanpaola S.p.A to furnish full and complete answers to an information subpoena served on each more than four (4) months ago... Document filed by Aldo Vera, Jr. (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)(Swift, Robert)
May 1, 2013 Opinion or Order Filing 193 MOTION to Compel Garnishees Banco Santander, SA and Intesta Sanpaola S.p.A to furnish full and complete answers to an information subpoena served on each more than four (4) months ago.. Document filed by Aldo Vera, Jr.(Swift, Robert)
April 30, 2013 Opinion or Order Filing 192 Letter addressed to Judge Laura Taylor Swain from Robert A. Swift dated 4/24/2013 re: I was copied on the April 23, 2013 letter to you from Edward Rosenthal, counsel in 11-9394, and wish to respond to the proposals therein, as further set forth in this document. Document filed by Aldo Vera, Jr.(cd)
April 25, 2013 Opinion or Order Filing 191 NOTICE OF APPEARANCE by Brandon R. Levitt on behalf of Alfredo Villoldo, Gustavo E. Villoldo (Levitt, Brandon)
April 24, 2013 Opinion or Order Filing 190 CERTIFICATE OF SERVICE of Uncontested Motion for an Order Concerning Notice to and Service on Third Parties of Plaintiff's Turnover Motion [D.I. 159], with exhibits annexed thereto; and (ii) Declaration of Luma Al-Shibib In Support of Uncontested Motion for Order Concerning Notice to and Service on Third Paries of Plaintiff's Turnover Motion [D.I. 159]. served on Ministry of Foreign Affairs, Republic of Cuba, Calzada #360, Vedado, Havana, Cuba. on 04/24/2013. Service was made by International Mail.. Document filed by Aldo Vera, Jr. (Al-Shibib, Luma)
April 24, 2013 Opinion or Order Filing 189 CERTIFICATE OF SERVICE of Uncontested Motion for Order Concerning Notice to and Service on Third Parties of Plaintiff's Turnover Motion [D.I. 159], with exhibits annexed thereto; and (ii) Declaration of Luma Al-Shibib in Support of Uncontested Motion for Order Concerning Notice to and Service on Third Parties of Plaintiff's Turnover Motion [D.I. 159]. served on Bruce Goodman, Esq. Zeichner Ellman & Krause LLP, 575 Lexington Avenue, New York, New York 10022 on 04/24/2013. Service was made by Mail. Document filed by Aldo Vera, Jr. (Al-Shibib, Luma)
April 24, 2013 Opinion or Order Filing 188 DECLARATION of Luma Al-Shibib in Support re: #159 MOTION Uncontested Motion For Turnover Order Pursuant To Federal RuleOf Civil Procedure 69 And CPLR 5225(b) Standard Chartered Bank. MOTION Uncontested Motion For Turnover Order Pursuant To Federal RuleOf Civil Procedure 69 And CPLR 5225(b) Standard Chartered Bank., #187 MOTION Uncontested Motion For Order Concerning Notice To and Service On Third Parties Of Plaintiff's Turnover Motion [D.I. 159 re: #159 MOTION Uncontested Motion For Turnover Order Pursuant To Federal RuleOf Civil Procedure 69 And CPLR 522 MOTION Uncontested Motion For Order Concerning Notice To and Service On Third Parties Of Plaintiff's Turnover Motion [D.I. 159 re: #159 MOTION Uncontested Motion For Turnover Order Pursuant To Federal RuleOf Civil Procedure 69 And CPLR 522 MOTION Uncontested Motion For Order Concerning Notice To and Service On Third Parties Of Plaintiff's Turnover Motion [D.I. 159 re: #159 MOTION Uncontested Motion For Turnover Order Pursuant To Federal RuleOf Civil Procedure 69 And CPLR 522. Document filed by Aldo Vera, Jr. (Al-Shibib, Luma)
April 24, 2013 Opinion or Order Filing 187 MOTION Uncontested Motion For Order Concerning Notice To and Service On Third Parties Of Plaintiff's Turnover Motion [D.I. 159 re: #159 MOTION Uncontested Motion For Turnover Order Pursuant To Federal RuleOf Civil Procedure 69 And CPLR 5225(b) Standard Chartered Bank. MOTION Uncontested Motion For Turnover Order Pursuant To Federal RuleOf Civil Procedure 69 And CPLR 5225(b) Standard Chartered Bank.. Document filed by Aldo Vera, Jr. (Attachments: #1 Exhibit A., #2 Exhibit B.)(Al-Shibib, Luma)
April 19, 2013 Opinion or Order Filing 186 REPLY MEMORANDUM OF LAW in Opposition re: #107 MOTION Uncontested Motion For Turnover Order Pursuant To Federal Rule Of Civil Procedure Rule 69 and CPLR 5225(b) Garnishee Commerzbank AG. MOTION Uncontested Motion For Turnover Order Pursuant To Federal Rule Of Civil Procedure Rule 69 and CPLR 5225(b) Garnishee Commerzbank AG. Intervenors' Sur-Reply to Plaintiff's Reply in Support of Plaintiff's Turnover Motion Against Commerzbank AG. Document filed by Alfredo Villoldo, Gustavo E. Villoldo. (Attachments: #1 Exhibit A-F, #2 Exhibit G-K)(Rosenthal, Edward)
April 16, 2013 Opinion or Order Filing 185 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Edward H. Rosenthal dated 4/12/2013 re: We write to request leave to file a sur-reply in the Vera Matter, to be filed on or before Friday, April 19, 2013. ENDORSEMENT: So ordered. (Surreplies due by 4/19/2013.) (Signed by Judge Alvin K. Hellerstein on 4/15/2013). (rjm)
April 15, 2013 Opinion or Order Filing 184 DECLARATION of Daniel Yorks in Support re: #119 CROSS MOTION to Stay Proceedings.. Document filed by Deutsche Bank Trust Company Americas. (Gimbel, Mark)
April 15, 2013 Opinion or Order Filing 183 REPLY MEMORANDUM OF LAW in Support re: #119 CROSS MOTION to Stay Proceedings.. Document filed by Deutsche Bank Trust Company Americas. (Gimbel, Mark)
April 11, 2013 Opinion or Order Filing 182 REPLY MEMORANDUM OF LAW in Support re: #110 CROSS MOTION to Stay re: #62 MOTION FOR TURNOVER ORDER re: Note to Attorney to Re-File Document - Deficient Docket Entry Error,... Document filed by RBS Citizens, N.A.. (Smith, Hayward)
April 9, 2013 Opinion or Order Filing 181 RESPONSE / Credit Agricole's Response to Plaintiff's Motion for Turnover Order, dated April 9, 2013 #123 . Document filed by Credit Agricole Corporate & Investment Bank. (Boccuzzi, Carmine)
April 9, 2013 Opinion or Order Filing 180 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Credit Agricole S.A. for Credit Agricole Corporate & Investment Bank. Document filed by Credit Agricole Corporate & Investment Bank.(Boccuzzi, Carmine)
April 9, 2013 Opinion or Order Filing 179 NOTICE OF APPEARANCE by Carmine D. Boccuzzi, Jr on behalf of Credit Agricole Corporate & Investment Bank (Boccuzzi, Carmine)
April 9, 2013 Opinion or Order Filing 178 PLAINTIFF'S WITHDRAW OF WRIT OF EXECUTION AND TURNOVER MOTION AS REGARDS ACCOUNT 4860278 AT DEUTSCHE BANK TRUST COMPANY AMERICAS: granting #173 Motion to Withdraw. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 4/9/2013) (rsh)
April 8, 2013 Opinion or Order Filing 177 REPLY MEMORANDUM OF LAW in Support re: #87 CROSS MOTION to Stay re: #51 MOTION Motion for Turnover Order Pursuant to Federal Rule of Civil Procedure Rule 69 and CPLR 5225(b)... Document filed by Intesa Sanpaolo S.p.A.. (Kerr, James)
April 8, 2013 Opinion or Order Filing 176 CERTIFICATE OF SERVICE of (i) Plaintiff's Withdrawal of Writ of Execution and Turnover Motion as Regards Account 4860278 at Deutsche Bank Trust Company Americas; Cross Motion to Stay, And Objection to Turnover of Intervenors National Bank of Canada and National Bank Financial Group. served on Ministry of Foreign Affairs, Rupublic of Cuba, Calzada #360, Vedado, Havana, Cuba on 04/08/2013. Service was made by International Mail.. Document filed by Aldo Vera, Jr. (Al-Shibib, Luma)
April 8, 2013 Opinion or Order Filing 175 CERTIFICATE OF SERVICE of (i)Plaintiff's Withdrawl of Writ of Execution and Turnover Motion as Regards Account 4860278 at Deutsche Bank Trust Company Americas; and (ii) Plaintiff's Memorandum In Response to The Motion To Intervene, Cross Motion to Stay, And Objection to Turnover of Intervenors National Bank of Canada and National Bank Financial Group. served on Mark P. Gimbel, Esq., Covington & Burling LLP, The New York Times Building, 620 Eigth Avenue, New York, NY 10018, Kenneth A. Caruso, Esq., White & Case LLP, 1155 Avenue of the Americas, New York, NY 10036 on 04/08/2013. Service was made by Mail. Document filed by Aldo Vera, Jr. (Al-Shibib, Luma)
April 8, 2013 Opinion or Order Filing 174 MEMORANDUM OF LAW re: #137 MOTION to Intervene /Notice of Cross Motions To Intervene And To Stay.. Document filed by Aldo Vera, Jr. (Swift, Robert)
April 8, 2013 Opinion or Order Filing 173 MOTION to Withdraw #69 MOTION for Turnover Order Pursuant to Federal Rule of Civil Procedure Rule 69 and CPLR5225(b).. Document filed by Aldo Vera, Jr.(Swift, Robert)
April 5, 2013 Opinion or Order Filing 172 AFFIDAVIT OF SERVICE of Reply Memorandum in Opposition to the Memorandum of the Villoldo Plaintiffs and In Support of Turnover Motion Re Commerzabank and Declaration of Robert A. Swift served on Edward H Rosenthal Esq,Beth I Goldman Esq of Frankfurt Kurnit Klein & Selz,P.C.488 Madison Ave 10th Floor New York,NY 10022,Andrew C.Hall Esq of Hall. Lamb and Hall P.A. 2665 South Bayshore Drive, PH1 Miami,FL 33133, Paul A.Saso Esq of Gibbons P.C. One Pennsylvania Plaza,37th Floor,New York,NY 10119-3701 on 04/05/2013. Service was made by mail. Document filed by Aldo Vera, Jr. (Swift, Robert)
April 5, 2013 Opinion or Order Filing 171 AFFIDAVIT OF SERVICE of Reply Memorandum in Opposition to the Memorandum of the Villoldo Plaintiffs and In Support of Turnover Motion Re Commerzabank and Declaration of Robert A. Swift served on Ministry of Foreign Affiars Republic of Cuba on 04/05/2013. Service was made by International mail.. Document filed by Aldo Vera, Jr. (Swift, Robert)
April 5, 2013 Opinion or Order Filing 170 DECLARATION of Robert A.Swift in Support re: #107 MOTION Uncontested Motion For Turnover Order Pursuant To Federal Rule Of Civil Procedure Rule 69 and CPLR 5225(b) Garnishee Commerzbank AG. MOTION Uncontested Motion For Turnover Order Pursuant To Federal Rule Of Civil Procedure Rule 69 and CPLR 5225(b) Garnishee Commerzbank AG.. Document filed by Aldo Vera, Jr. (Swift, Robert)
April 5, 2013 Opinion or Order Filing 169 REPLY MEMORANDUM OF LAW in Opposition re: #107 MOTION Uncontested Motion For Turnover Order Pursuant To Federal Rule Of Civil Procedure Rule 69 and CPLR 5225(b) Garnishee Commerzbank AG. MOTION Uncontested Motion For Turnover Order Pursuant To Federal Rule Of Civil Procedure Rule 69 and CPLR 5225(b) Garnishee Commerzbank AG.. Document filed by Aldo Vera, Jr. (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)(Swift, Robert)
April 4, 2013 Opinion or Order Filing 168 CERTIFICATE OF SERVICE of Memorandum of Law In opposition to Cross Motion to Stay; And In Support of Motion for Turnover Order Pursuant to Federal Rule of Civil Procedure Rule 69 and CPLR 5225(b) served on Ministry of Foreign Affairs, Rupublic of Cuba, Calzada #360, Vedado, Havana, Cuba on 04/04/13. Service was made by International Mail. Document filed by Aldo Vera, Jr. (Al-Shibib, Luma)
April 4, 2013 Opinion or Order Filing 167 CERTIFICATE OF SERVICE of Memorandum of Law In opposition to Cross Motion to Stay; And In Support of Motion for Turnover Order Pursuant to Federal Rule of Civil Procedure Rule 69 and CPLR 5225(b) served on Mark P. Gimbel, Esq., Covington & Burling LLP, New York Times Building, 620 Eighth Avenue, New York, NY 10018 on 04/04/2013. Service was made by Mail. Document filed by Aldo Vera, Jr. (Al-Shibib, Luma)
April 4, 2013 Opinion or Order Filing 166 MEMORANDUM OF LAW in Opposition re: #119 CROSS MOTION to Stay Proceedings.. Document filed by Aldo Vera, Jr. (Swift, Robert)
April 3, 2013 Opinion or Order Filing 165 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Robert A. Swift dated 4/3/2013 re: I am one of the counsel for Plaintiff in this matter and am appearing pro hac vice. House Counsel for Garnishee requested a short extension of time to respond to the #123 Motion, until April 9, 2013, to which I agree. I write to request that the Court approve Garnishee's extension of time to respond to the Motion. ENDORSEMENT: So Ordered. (Set Deadlines/Hearing as to #123 MOTION For Turnover Order Pursuant To Federal Rule Of Civil Procedure Rule 69 And CPLR 5225(b): Responses due by 4/9/2013) (Signed by Judge Alvin K. Hellerstein on 4/3/2013) (sac)
April 3, 2013 Opinion or Order Filing 164 SEALED DOCUMENT placed in vault.(nm)
April 3, 2013 Opinion or Order Filing 163 CERTIFICATE OF SERVICE of Uncontested Motion for Turnover Order Pursuant to Federal Rule of Civil Procedure Rule 69 and CPLR 5225(b) served on Ministry of Foreign Affairs, Republic of Cuba, Calzada #360, Vedado, Havana, Cuba on 04/03/2013. Service was made by International Mail. Document filed by Aldo Vera, Jr. (Al-Shibib, Luma)
April 3, 2013 Opinion or Order Filing 162 CERTIFICATE OF SERVICE of Uncontested Motion for Turnover Order Pursuant to Federal Rule of Civil Procedure 69 and CPLR 5225(b) served on Barry J. Glickman, Esq., Zeichner Ellman & Krause LLP, 575 Lexington Avenue, New York, New York 10022 on 04/03/2013. Service was made by Mail. Document filed by Aldo Vera, Jr. (Al-Shibib, Luma)
April 3, 2013 Opinion or Order Filing 161 CERTIFICATE OF SERVICE of Motion in Opposition to Cross Motion of RBS Citizens, N.A.; And In Support of Motion for Turnover Order Pursuant to Federal Rule of Civil Procedure Rule 69 and CPLR 5225(b) served on Ministry of Foreign Affairs, Rupublic of Cuba, Calzada # 360, Vedado, Havana, Cuba on 04/01/2013. Service was made by Internation Mail. Document filed by Aldo Vera, Jr. (Al-Shibib, Luma)
April 3, 2013 Opinion or Order Filing 160 CERTIFICATE OF SERVICE of Memorandum in Opposition to Cross Motion of RBS Citizens, N.A.; And In Support of Motion for Turnover Order Pursuant to Federal Rule 69 and CPLR 5225(b). served on Hayward Homes Smith, Senior Counsel, RBS Americas, 600 Washington Blvd., Stamford, CT 06901 on 04/01/13. Service was made by Mail. Document filed by Aldo Vera, Jr. (Al-Shibib, Luma)
April 3, 2013 Opinion or Order Filing 159 MOTION Uncontested Motion For Turnover Order Pursuant To Federal RuleOf Civil Procedure 69 And CPLR 5225(b) Standard Chartered Bank. Document filed by Aldo Vera, Jr. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Swift, Robert)
April 2, 2013 Opinion or Order Filing 158 DECLARATION of Robert A. Swift in Support re: #49 MOTION for Turnover Order Pursuant to Federal Rule of Civil Procedure Rule 69 and CPLR 5225 (b).. Document filed by Aldo Vera, Jr. (Swift, Robert)
April 1, 2013 Opinion or Order Filing 157 MEMORANDUM OF LAW in Opposition re: #110 CROSS MOTION to Stay re: #62 MOTION FOR TURNOVER ORDER re: Note to Attorney to Re-File Document - Deficient Docket Entry Error,... Document filed by Aldo Vera, Jr. (Swift, Robert)
March 29, 2013 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - PDF ERROR. Note to Attorney Robert Alan Swift to RE-FILE Document #152 Declaration in Support of Motion. NOTE: The PDF attached is the Reply Memorandum of Law, duplicate of document #151 . Re-File with correct PDF. (ldi)
March 29, 2013 Opinion or Order Filing 156 MEMORANDUM OF LAW in Opposition re: #107 MOTION Uncontested Motion For Turnover Order Pursuant To Federal Rule Of Civil Procedure Rule 69 and CPLR 5225(b) Garnishee Commerzbank AG. MOTION Uncontested Motion For Turnover Order Pursuant To Federal Rule Of Civil Procedure Rule 69 and CPLR 5225(b) Garnishee Commerzbank AG.. Document filed by Alfredo Villoldo, Gustavo E. Villoldo. (Attachments: #1 Exhibit 1 (part 1), #2 Exhibit 1 (part 2))(Rosenthal, Edward)
March 29, 2013 Opinion or Order Filing 155 SEALED DOCUMENT placed in vault.(mps)
March 29, 2013 Opinion or Order Filing 154 CERTIFICATE OF SERVICE of Reply Memorandum in Support of Motion for Turnover Order Pursuant to Federal Rule 69 and CPLR 5225(b) [D.I. 49]; and Declaration of Robert A. Swift in Support of Motion for Turnover Order. served on Ministry Of Foreign Affairs, Republic of Cuba, Calzada #360, Vedado, Havana, Cuba on 03/29/2013. Service was made by International Mail. Document filed by Aldo Vera, Jr. (Al-Shibib, Luma)
March 29, 2013 Opinion or Order Filing 153 CERTIFICATE OF SERVICE of Reply Memorandum in Support of Motion for Turnover Order Pursuant to Federal Rule 69 and CPLR 5225(b) and Declartion of Robert A. Swift in Support in Support of Turnover Order. served on Steven Wolowitz & Christopher J Houpt, Mayer Brown LLP, 1675 Broadway, New York, NY 10019 on 03/29/2013. Service was made by Mail. Document filed by Aldo Vera, Jr. (Al-Shibib, Luma)
March 29, 2013 Opinion or Order Filing 152 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - DECLARATION of Robert A. Swift in Support re: #49 MOTION for Turnover Order Pursuant to Federal Rule of Civil Procedure Rule 69 and CPLR 5225 (b).. Document filed by Aldo Vera, Jr. (Swift, Robert) Modified on 4/2/2013 (ldi).
March 29, 2013 Opinion or Order Filing 151 REPLY MEMORANDUM OF LAW in Support re: #49 MOTION for Turnover Order Pursuant to Federal Rule of Civil Procedure Rule 69 and CPLR 5225 (b). Societe Generale.. Document filed by Aldo Vera, Jr. (Swift, Robert)
March 28, 2013 Opinion or Order Filing 150 SEALED DOCUMENT placed in vault.(nm)
March 28, 2013 Opinion or Order Filing 149 CERTIFICATE OF SERVICE of Memorandum of Law in Opposition to Intesa Sanpaolo S.p.A. Cross Motion to Stay and in Support of Motion for Turnover Pursuant to Federal Rule 69 and CPLR 5225 (b); and (ii) declaration of Robert A. Swift in Support of Motion for Turnover Pursuant to Federal Rule of Civil Procedure 69 and CPLR 5225 (b), declartion and exhibits filed under seal. served on Intesa Sanpaolo S.p.A. c/o Jennifer G. Newstead, Esq. Davis Polk & Wardwell LLP. on 03/28/2013. Service was made by Mail. Document filed by Aldo Vera, Jr. (Al-Shibib, Luma)
March 28, 2013 Opinion or Order Filing 148 CERTIFICATE OF SERVICE of Memorandum of Law in Opposition to INTESA SANPAOLO S.p.A. Cross Motion to Stay and In Support of Motion for Turnover Pursuant to Federak Rule 69 and CPLR 5225 (b); and(iii) Declaration of Robert A. Swift in Support of Motion for Turnover Pursuant to Federal Rule of Civil Procedure 69 and CPLR 5225(b), including all Exhibits thereto, except to the extent filed under seal. served on Ministry of Foreign Affairs, Republic of Cuba, Calzada #360, Vedado, Havana, Cuba. on 03/28/2013. Service was made by International Mail. Document filed by Aldo Vera, Jr. (Al-Shibib, Luma)
March 28, 2013 Opinion or Order Filing 147 DECLARATION of Robert A. Swift in Support re: #51 MOTION Motion for Turnover Order Pursuant to Federal Rule of Civil Procedure Rule 69 and CPLR 5225(b).. Document filed by Aldo Vera, Jr. (Swift, Robert)
March 28, 2013 Opinion or Order Filing 146 MEMORANDUM OF LAW in Opposition re: #87 CROSS MOTION to Stay re: #51 MOTION Motion for Turnover Order Pursuant to Federal Rule of Civil Procedure Rule 69 and CPLR 5225(b).. Memorandum In Opposition To INTESA SANPAOLO S.p.A. Cross Motion To Stay, And in Support of Motion For Turnover Pursuant To Federal Rule Of Civil Procedure Rule 69 and CPLR 5225(b). Document filed by Aldo Vera, Jr. (Swift, Robert)
March 26, 2013 Opinion or Order Filing 145 NOTICE OF APPEARANCE by Christopher James Houpt on behalf of Societe Generale (Houpt, Christopher)
March 25, 2013 Opinion or Order Filing 144 NOTICE OF APPEARANCE by Steven Wolowitz on behalf of Societe Generale (Wolowitz, Steven)
March 25, 2013 Opinion or Order Filing 143 MEMORANDUM OF LAW in Opposition re: #49 MOTION for Turnover Order Pursuant to Federal Rule of Civil Procedure Rule 69 and CPLR 5225 (b).. Document filed by Societe Generale. (Houpt, Christopher)
March 25, 2013 Opinion or Order Filing 142 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Societe Generale.(Houpt, Christopher)
March 25, 2013 Opinion or Order Filing 141 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent National Bank of Canada for National Bank Financial Group. Document filed by National Bank Financial Group.(Caruso, Kenneth)
March 25, 2013 Opinion or Order Filing 140 MEMORANDUM OF LAW in Opposition re: #69 MOTION for Turnover Order Pursuant to Federal Rule of Civil Procedure Rule 69 and CPLR5225(b). /Memorandum Of Law In Opposition To Plaintiff's Turnover Motion And In Support of Cross-Motions. Document filed by National Bank Financial Group, National Bank of Canada. (Caruso, Kenneth)
March 25, 2013 Opinion or Order Filing 139 AFFIDAVIT of Brian A. Davis in Support re: #137 MOTION to Intervene /Notice of Cross Motions To Intervene And To Stay.. Document filed by National Bank Financial Group, National Bank of Canada. (Attachments: #1 Exhibit C, #2 Exhibit D, #3 Exhibit E, #4 Exhibit F)(Caruso, Kenneth)
March 25, 2013 Opinion or Order Filing 138 DECLARATION of Kenneth A Caruso in Support re: #137 MOTION to Intervene /Notice of Cross Motions To Intervene And To Stay.. Document filed by National Bank Financial Group, National Bank of Canada. (Attachments: #1 Exhibit A, #2 Exhibit B)(Caruso, Kenneth)
March 25, 2013 Opinion or Order Filing 137 MOTION to Intervene /Notice of Cross Motions To Intervene And To Stay. Document filed by National Bank Financial Group, National Bank of Canada.(Caruso, Kenneth)
March 25, 2013 Opinion or Order Filing 136 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by National Bank Financial Group.(Caruso, Kenneth) Modified on 3/25/2013 (lb).
March 25, 2013 Opinion or Order Filing 135 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by National Bank of Canada.(Caruso, Kenneth)
March 25, 2013 Opinion or Order Filing 134 NOTICE OF APPEARANCE by Matthew Robert Belz on behalf of National Bank Financial Group, National Bank of Canada (Belz, Matthew)
March 25, 2013 Opinion or Order Filing 133 NOTICE OF APPEARANCE by Kenneth Andrew Caruso on behalf of National Bank of Canada, National Bank Financial Group (Caruso, Kenneth)
March 25, 2013 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Kenneth Andrew Caruso to RE-FILE Document #136 Rule 7.1 Corporate Disclosure Statement,. ERROR(S): Corporate Parents were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). (lb)
March 22, 2013 Opinion or Order Filing 132 ORDER: withdrawing #31 Motion to Compel. On January 22, 2013, Plaintiff filed a motion to compel The Standard Chartered Bank, Bank of China, and M&T Bank to reply to its information subpoenas. The three banks have since cooperated with Plaintiff, and Plaintiff has withdrawn his motion. The clerk shall mark document number 31 terminated. SO ORDERED.(Signed by Judge Alvin K. Hellerstein on 3/22/2013) (ama)
March 22, 2013 Opinion or Order Filing 131 SEALED DOCUMENT placed in vault.(mps)
March 21, 2013 Opinion or Order Filing 130 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Commerzbank AG.(Saso, Paul)
March 20, 2013 Opinion or Order Filing 129 RESPONSE to Motion re: #113 MOTION Motion To Join Judgment Creditors To Turnover Motion Against Garnishee Commerzbank AG.. Document filed by Commerzbank AG. (Saso, Paul)
March 20, 2013 Opinion or Order Filing 128 NOTICE OF APPEARANCE by Paul Anthony Saso on behalf of Commerzbank AG (Saso, Paul)
March 20, 2013 Opinion or Order Filing 127 NOTICE OF APPEARANCE by Terry Alan Myers on behalf of Commerzbank AG (Myers, Terry)
March 19, 2013 Opinion or Order Filing 126 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Christopher J. Houpt dated 3/18/2013 re: Societe Generale respectfully requests a second one-week extension (to March 25, 2013) of its time to respond to the motion for turnover. ENDORSEMENT: So ordered. (Responses due by 3/25/2013). (Signed by Judge Alvin K. Hellerstein on 3/19/2013) (rjm)
March 19, 2013 Opinion or Order Filing 125 CERTIFICATE OF SERVICE of Motion for Turnover Pursuant to Federal Rule of Civil Procedure Rule 69 and CPLR 5225(b) served on Minstry of Foreign Affiairs Republic of Cuba Calzada #360, Vedado Havana,Cuba on 03/18/2013. Service was made by international mail.. Document filed by Aldo Vera, Jr. (Swift, Robert)
March 19, 2013 Opinion or Order Filing 124 CERTIFICATE OF SERVICE of Motion for Turnover Pursuant to Federal Rule of Civil Procedure Rule 69 and CPLR 5225(b) served on Krista Ellis,Esq Vice President and Legal Counsel Credit Agricole Corporate & Investment Bank, Credit Agricole CIB Bldg. 1301 Avenue of the Americas New York,NY 10119-6022 on 03/18/2013. Service was made by mail.. Document filed by Aldo Vera, Jr. (Swift, Robert)
March 18, 2013 Opinion or Order Filing 123 MOTION Motion For Turnover Order Pursuant To Federal Rule Of Civil Procedure Rule 69 And CPLR 5225(b). Document filed by Aldo Vera, Jr. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Swift, Robert)
March 18, 2013 Opinion or Order Filing 121 DECLARATION of Mark P. Gimbel in Opposition re: #119 CROSS MOTION to Stay Proceedings., #69 MOTION for Turnover Order Pursuant to Federal Rule of Civil Procedure Rule 69 and CPLR5225(b).. Document filed by Deutsche Bank Trust Company Americas. (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)(Gimbel, Mark)
March 18, 2013 Opinion or Order Filing 120 MEMORANDUM OF LAW in Opposition re: #69 MOTION for Turnover Order Pursuant to Federal Rule of Civil Procedure Rule 69 and CPLR5225(b)., #119 CROSS MOTION to Stay Proceedings. Memorandum of Law in Opposition to Motion for Turnover Order and in Support of Cross-Motion to Stay Proceedings. Document filed by Deutsche Bank Trust Company Americas. (Gimbel, Mark)
March 18, 2013 Opinion or Order Filing 119 CROSS MOTION to Stay Proceedings. Document filed by Deutsche Bank Trust Company Americas.(Gimbel, Mark)
March 18, 2013 Opinion or Order Filing 118 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Deutsche Bank Trust Corporation, Corporate Parent Deutsche Bank AG for Deutsche Bank Trust Company Americas. Document filed by Deutsche Bank Trust Company Americas.(Gimbel, Mark)
March 18, 2013 Opinion or Order Filing 117 SEALED DOCUMENT placed in vault.(mps)
March 18, 2013 Opinion or Order Filing 116 CERTIFICATE OF SERVICE of Motion to Join Judgment Creditors Motion Against Garnishee Commerzbank AG and Memorandum of Law in Support ( with accompanying exhibits ). served on Ministry of Foreign Affairs, Republic of Cuba, Calzada # 360, Vedado, Havana, Cuba. on 03/18/2013. Service was made by International Mail. Document filed by Aldo Vera, Jr. (Swift, Robert)
March 18, 2013 Opinion or Order Filing 115 CERTIFICATE OF SERVICE of Motion to Join Judgment Creditors to Turnover Motion Against Garnishee Commerzbank AG ; and Memorandum of Law in Support ( with accompanying exhibits ). served on Gibbons P.C. on 03/18/2013. Service was made by Mail. Document filed by Aldo Vera, Jr. (Swift, Robert)
March 18, 2013 Opinion or Order Filing 114 MEMORANDUM OF LAW in Support re: #113 MOTION Motion To Join Judgment Creditors To Turnover Motion Against Garnishee Commerzbank AG.. Document filed by Aldo Vera, Jr. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Swift, Robert)
March 18, 2013 Opinion or Order Filing 113 MOTION Motion To Join Judgment Creditors To Turnover Motion Against Garnishee Commerzbank AG. Document filed by Aldo Vera, Jr.(Swift, Robert)
March 15, 2013 Opinion or Order Filing 112 DECLARATION of Hayward H. Smith in Opposition re: #62 MOTION FOR TURNOVER ORDER re: Note to Attorney to Re-File Document - Deficient Docket Entry Error,.. Document filed by RBS Citizens, N.A.. (Smith, Hayward)
March 15, 2013 Opinion or Order Filing 111 MEMORANDUM OF LAW in Opposition re: #62 MOTION FOR TURNOVER ORDER re: Note to Attorney to Re-File Document - Deficient Docket Entry Error,. and in Support of Citizens' Cross Motion for a Stay. Document filed by RBS Citizens, N.A.. (Smith, Hayward)
March 15, 2013 Opinion or Order Filing 110 CROSS MOTION to Stay re: #62 MOTION FOR TURNOVER ORDER re: Note to Attorney to Re-File Document - Deficient Docket Entry Error,.. Document filed by RBS Citizens, N.A..(Smith, Hayward)
March 15, 2013 Opinion or Order Filing 109 CERTIFICATE OF SERVICE of Uncontested Motion For Turnover Order Pursuant To Federal Rule Of Civil Procedure Rule 69 And CPLR5225(b) served on Gibbons P.C. on 03/15/2013. Service was made by Mail. Document filed by Aldo Vera, Jr. (Swift, Robert)
March 15, 2013 Opinion or Order Filing 108 CERTIFICATE OF SERVICE of Uncontested Motion For Turnover Order Pursuant To Federal Rule Of Civil Procedure Rule 69 And CPLR 5225(b) served on Ministry Of Foreign Affairs Republic Of Cuba, Calzada #360, Vedado, Havana, Cuba on 03/15/2013. Service was made by International Mail. Document filed by Aldo Vera, Jr. (Swift, Robert)
March 15, 2013 Opinion or Order Filing 107 MOTION Uncontested Motion For Turnover Order Pursuant To Federal Rule Of Civil Procedure Rule 69 and CPLR 5225(b) Garnishee Commerzbank AG. Document filed by Aldo Vera, Jr. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Swift, Robert)
March 14, 2013 Opinion or Order Filing 106 CERTIFICATE OF SERVICE of Uncontested Motion for Turnover Order Pursuant to Federal Rule of Civil Procedure Rule 69 and CPLR 5525(b) served on Ministry of Foreign Affairs Republic of Cuba on 03/14/2013. Service was made by international mail. Document filed by Aldo Vera, Jr. (Al-Shibib, Luma)
March 14, 2013 Opinion or Order Filing 105 CERTIFICATE OF SERVICE of Uncontested Motion for Turnover Order Pursuant to Federal Rule of Civil Procedure Rule 69 and CPLR 5525(b) served on Aaron W.Tandy, Esq of Gunster, Yoakley & Stewart,P.A. One Biscayne Tower Suite 3400, Miami Fl, 33131 Attorney for Banco do Brasil S.A. on 03/14/2013. Service was made by mail.. Document filed by Aldo Vera, Jr. (Al-Shibib, Luma)
March 14, 2013 Opinion or Order Filing 104 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent The Royal Bank of Scotland Group plc for RBS Citizens, N.A.. Document filed by RBS Citizens, N.A..(Smith, Hayward)
March 14, 2013 Opinion or Order Filing 103 NOTICE OF APPEARANCE by Hayward Homes Smith on behalf of RBS Citizens, N.A. (Smith, Hayward)
March 14, 2013 Opinion or Order Filing 102 SEALED DOCUMENT placed in vault.(mps)
March 14, 2013 Opinion or Order Filing 101 MOTION Uncontested Motion For Turnover Order Pursuant To Federal Rule Of Civil Proceduree 69 And CPLR 5225(b). Document filed by Aldo Vera, Jr. (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)(Al-Shibib, Luma)
March 13, 2013 Opinion or Order Filing 100 CERTIFICATE OF SERVICE of Motion for Turnover Order, Declaration of Robert A. Swift in Support of Motion, Memorandum of Law in Support of Motion. served on Mercantil Commercebank, N.A., Attn. Mariola Triana Sanchez, Senior Vice President & General Counsel, 220 Alhambra Circle, 11th Floor, Miami, Florida 33134 on 03/12/13. Service was made by Mail. Document filed by Aldo Vera, Jr. (Al-Shibib, Luma)
March 13, 2013 Opinion or Order Filing 99 CERTIFICATE OF SERVICE of Motion for Turnover Order, Declaration of Robert A. Swift in Support of Motion For Turnover, Memorandum of Law in Support of Motion. served on Ministry Of Foreign Affairs, Republic of Cuba, Calzada # 360 Vedado, Havana, Cuba. on 03/12/13. Service was made by Inernational Mail.. Document filed by Aldo Vera, Jr. (Al-Shibib, Luma)
March 13, 2013 Opinion or Order Filing 98 STIPULATION AND ORDER. Production of documents by Mercantil in this action shall be subject to the annexed protective agreement and order, as so ordered by the Court on January 14, 2013. Entering into this stipulation shall be deemed to have the same force and effects as execution of a counterpart to the protective agreement and order as provided in paragraph L thereof. Upon execution, this stipulation shall have the effect of an agreement between the signatories hereto and is not conditioned on any eventual court order, if any approving this stipulation. (Signed by Judge Alvin K. Hellerstein on 3/13/2013) (rjm)
March 13, 2013 Opinion or Order Filing 97 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Kerry A. Sheehan dated 3/8/2013 re: Plaintiff has agreed with counsel for Societe Generale to grant an additional week for Societe Generale to respond to the Motion. Thus, the response date for Garnishee Societe Generale would be March 18, 2013. ENDORSEMENT: So Ordered. (Signed by Judge Alvin K. Hellerstein on 3/13/2013) (mt)
March 12, 2013 Opinion or Order Filing 96 DECLARATION of Robert A. Swift in Support re: #94 MOTION For Turnover Order Pursuant To Federal Rule Of Civil Procedure Rule 69 And CPLR 5225(b)... Document filed by Aldo Vera, Jr. (Swift, Robert)
March 12, 2013 Opinion or Order Filing 95 MEMORANDUM OF LAW in Support re: #94 MOTION For Turnover Order Pursuant To Federal Rule Of Civil Procedure Rule 69 And CPLR 5225(b)... Document filed by Aldo Vera, Jr. (Swift, Robert)
March 12, 2013 Opinion or Order Filing 94 MOTION For Turnover Order Pursuant To Federal Rule Of Civil Procedure Rule 69 And CPLR 5225(b).. Document filed by Aldo Vera, Jr. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Swift, Robert)
March 12, 2013 Opinion or Order Filing 93 TURNOVER ORDER. And now, this 12th day of March, 2013, upon Plaintiff's Motion for Turnover pursuant to Federal Rule of Civil Procedure Rule 69 and CPLR 5225(b), the Motion is GRANTED. The Court finds that accounts totaling $526,765.50 in the custody of Garnishee BNP Paribas constitute property of instrumentalities of the Republic of Cuba, the Judgment Debtor, within the meaning of 28 U.S.C. 1610(g); and that such accounts are subject to execution by plaintiff pursuant to 201 of the Terrorism Risk Insurance Act of 2002. Within ten (10) days from the date of this Order Garnishee BNP Paribas shall turn over to plaintiff the proceeds of said accounts, together with any accrued interest, in partial satisfaction of plaintiff's judgment of August 20, 2012. Granting #36 Motion for Turnover Order. (Signed by Judge Alvin K. Hellerstein on 3/12/2013) (rjm)
March 12, 2013 Opinion or Order Filing 92 TURNOVER ORDER. And now, this 12th day of March, 2013, upon Plaintiff's Motion for Turnover pursuant to Federal Rule of Civil Procedure Rule 69 and CPLR 5225(b), the Motion is GRANTED. The Court finds that an account for $4,817.78 in the custody of Garnishee BPD Bank constitutes property of an instrumentality of the Republic of Cuba, the Judgment Debtor, within the meaning of 28 U.S.C. 1610(g); and that such accounts are subject to execution by plaintiff pursuant to 201 of the Terrorism Risk Insurance Act of 2002. Within ten (10) days from the date of this Order Garnishee BPD Bank shall turn over to plaintiff the proceeds of said accounts, together with any accrued interest, in partial satisfaction of plaintiff's judgment of August 20, 2012. Granting #46 Motion for Turnover Order. (Signed by Judge Alvin K. Hellerstein on 3/12/2013) (rjm)
March 12, 2013 Opinion or Order Filing 91 TURNOVER ORDER. And now, this 12th day of March, 2013, upon Plaintiff's Motion for Turnover pursuant to Federal Rule of Civil Procedure Rule 69(a), NY CPLR 5225(b) and 28 U.S.C. 1610(g), the Motion is GRANTED. The Court finds that the blocked Cuban accounts identified in the Motion are subject to turnover pursuant to 201 of the Terrorism Risk Insurance Act of 2002. Within ten (10) days from the date of this Order Garnishee Bank of China shall turn over to plaintiff the proceeds of Cuban Government accounts in its possession which have been blocked pursuant to the Cuban Asset Control Regulations, 31 C.F.R. Part 515, together with all accrued interest, in the total amount of $154,764.15 in partial satisfaction of Plaintiff's judgment of August 20, 2012. Granting #56 Motion for Turnover Order. (Signed by Judge Alvin K. Hellerstein on 3/12/2013) (rjm)
March 11, 2013 Opinion or Order Filing 90 SEALED DOCUMENT placed in vault.(mps)
March 11, 2013 Opinion or Order Filing 89 DECLARATION of James L. Kerr in Opposition re: #51 MOTION Motion for Turnover Order Pursuant to Federal Rule of Civil Procedure Rule 69 and CPLR 5225(b).. Document filed by Intesa Sanpaolo S.p.A.. (Attachments: #1 Exhibit A, #2 Exhibit AA, #3 Exhibit BB, #4 Exhibit CC, #5 Exhibit DD, #6 Exhibit B, #7 Exhibit C, #8 Exhibit D, #9 Exhibit E, #10 Exhibit F, #11 Exhibit G, #12 Exhibit H, #13 Exhibit I, #14 Exhibit J, #15 Exhibit K, #16 Exhibit L, #17 Exhibit M, #18 Exhibit N, #19 Exhibit O)(Kerr, James)
March 11, 2013 Opinion or Order Filing 88 MEMORANDUM OF LAW in Opposition re: #51 MOTION Motion for Turnover Order Pursuant to Federal Rule of Civil Procedure Rule 69 and CPLR 5225(b). and in Support of Intesa Sanpaolo S.p.A.'s Cross-Motion for a Stay. Document filed by Intesa Sanpaolo S.p.A.. (Kerr, James)
March 11, 2013 Opinion or Order Filing 87 CROSS MOTION to Stay re: #51 MOTION Motion for Turnover Order Pursuant to Federal Rule of Civil Procedure Rule 69 and CPLR 5225(b).. Document filed by Intesa Sanpaolo S.p.A..(Kerr, James)
March 11, 2013 Opinion or Order Filing 86 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Intesa Sanpaolo S.p.A..(Kerr, James)
March 11, 2013 Opinion or Order Filing 85 NOTICE OF APPEARANCE by Gina Marie Cora on behalf of Intesa Sanpaolo S.p.A. (Cora, Gina)
March 11, 2013 Opinion or Order Filing 84 NOTICE OF APPEARANCE by James Loran Kerr on behalf of Intesa Sanpaolo S.p.A. (Kerr, James)
March 11, 2013 Opinion or Order Filing 83 NOTICE OF APPEARANCE by Jennifer Gillian Newstead on behalf of Intesa Sanpaolo S.p.A. (Newstead, Jennifer)
March 11, 2013 Opinion or Order Filing 82 SEALED DOCUMENT placed in vault.(mps)
March 8, 2013 Opinion or Order Filing 81 STIPULATION AND ORDER ADOPTING PROTECTIVE AGREEMENT AND ORDER ENTERED ON JANUARY 14, 2013: IT IS HEREBY STIPULATED AND AGREED, between counsel for plaintiff and counsel for Standard Chartered, as follows: Disclosure of information and/or production of documents by Standard Chartered in this action shall be subject to the Protective Agreement and Order. 2. The parties to this Stipulation and Order adopt the Protective Agreement and Order, shall be deemed to have signed a counterpart of the Protective Agreement and Order as provided in paragraph L thereof and agree that execution of this Stipulation and Order shall have the same force and effect as executing a counterpart of the Protective Agreement and Order. All other provisions as set forth in this order. (Signed by Judge Alvin K. Hellerstein on 3/7/2013) (js)
March 8, 2013 Opinion or Order Filing 80 ENDORSED LETTER: addressed to Judge Alvin K. Hellerstein from Hayward H. Smith dated 3/7/2013 re: For the above reasons, Citizens respectfully request that the Court adjourn Citizens time to respond to the Turnover Motion until 30 days after final resolution of the appeals in Calderon Cardona and Hausler. Alternatively, Citizens request that the Court extend its time to respond to the Turnover Motion until April 15, 2013 so that Citizens can retain outside counsel and develop an appropriate response to the motion. ENDORSEMENT: Application denied. A motion is required, and should show how the plaintiff's position will not be prejudices by a stay. So Ordered. (Signed by Judge Alvin K. Hellerstein on 3/8/2013) (js)
March 8, 2013 Opinion or Order Filing 79 ENDORSED LETTER: addressed to Judge Alvin K. Hellerstein from Robert A. Swift dated 2/28/2013 re: Accordingly Counsel requests that the Court approve contemporaneous service of the uncontested turnover motion on counsel for these judgment creditors coupled with notice that, should they wish to intervene and oppose the motion, they should make a submission to the Court within 14 days after the Motion is filed. ENDORSEMENT: Proceed by motion, with proper support and showing the basis for the relief sought. Fed. R. Civ. P. 7; Local Civ. R. 7.1. (Signed by Judge Alvin K. Hellerstein on 3/7/2013 ) (js) Modified on 3/12/2013 (js).
March 8, 2013 Opinion or Order Filing 78 STIPULATION AND ORDER: Now therefore, it is hereby stipulated and agreed, by and between the undersigned, through their respective counsel, that the time of NBC to move to intervene in this action and to oppose the Motion is hereby extended from March 18, 2013 to and including March 25, 2013 (Signed by Judge Alvin K. Hellerstein on 3/7/2013) (js)
March 8, 2013 Opinion or Order Filing 77 STIPULATION: It is hereby stipulated and agreed by and between counsel for the undersigned parties that the time for Garnishee M&T Bank to serve opposition to Plaintiff's Motion to Compel is hereby extended through and including March 22, 2013 (Signed by Judge Alvin K. Hellerstein on 3/7/2013) (js)
March 6, 2013 Opinion or Order Filing 76 NOTICE OF APPEARANCE by Luma Salah Al-Shibib on behalf of Aldo Vera, Jr (Al-Shibib, Luma)
March 5, 2013 Opinion or Order Filing 122 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Robert A. Swift dated 2/28/2013 re: I respectfully request that the Court approve contemporaneous service of the uncontested turnover motion on counsel for these judgment creditors coupled with notice that, should they wish to intervene and oppose the motion, they should make a submission to the Court within 14 days after the Motion is filed. ENDORSEMENT: So ordered. (Signed by Judge Alvin K. Hellerstein on 3/4/2013). (rjm)
March 1, 2013 Opinion or Order Filing 75 RESPONSE to Motion re: #69 MOTION for Turnover Order Pursuant to Federal Rule of Civil Procedure Rule 69 and CPLR5225(b).. Document filed by BPD Bank. (Attachments: #1 Exhibit A)(Arden, James)
March 1, 2013 Opinion or Order Filing 74 CERTIFICATE OF SERVICE of Memorandum of Law in Support of Motion for Turnover Order Pusurant to Federal Rule of Civil Procedure Rule 69 and CPLR 5225 served on Ministry of Foreign Affairs Republic of Cuba on 03/01/2013. Service was made by U.S.Postal Service for Internationl mail delivery.. Document filed by Aldo Vera, Jr. (Swift, Robert)
March 1, 2013 Opinion or Order Filing 73 CERTIFICATE OF SERVICE of Memorandum of Law in Support of Motion for Turnover Order Pusurant to Federal Rule of Civil Procedure Rule 69 and CPLR 5225 served on BNP Paribas c/o Carmine D.Boccuzzi,Jr.,Esq at Cleary Gottlieb Seen & Hamilton LLP on 03/01/2013. Service was made by U.S.Postal Service for mail delivery.. Document filed by Aldo Vera, Jr. (Swift, Robert)
March 1, 2013 Opinion or Order Filing 72 MEMORANDUM OF LAW in Support re: #36 MOTION FOR TURNOVER ORDER PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 69 AND CPLR 5525(b).. Document filed by Aldo Vera, Jr. (Swift, Robert)
February 28, 2013 Opinion or Order Filing 71 CERTIFICATE OF SERVICE of Motion for Turnover Order Pursuant to Federal Rule of Civil Procedure Rule 69 and CPLR5225(b) served on Deutsche Bank Trust Company Americas c/o Mark P.Gimble,Esq of Covington & Burling LLP, The New York Times Building 620 Eight Ave. New York, NY 10018 on 02/28/2013. Service was made by U.S.Postal Service for mail delivery.. Document filed by Aldo Vera, Jr. (Swift, Robert)
February 28, 2013 Opinion or Order Filing 70 CERTIFICATE OF SERVICE of Motion for Turnover Order Pursuant to Federal Rule of Civil Procedure Rule 69 and CPLR5225(b) served on Ministry of Foreign Affairs of Republic of Cuba on 02/28/2013. Service was made by U.S.Postal Service for International mail delivery.. Document filed by Aldo Vera, Jr. (Swift, Robert)
February 28, 2013 Opinion or Order Filing 69 MOTION for Turnover Order Pursuant to Federal Rule of Civil Procedure Rule 69 and CPLR5225(b). Document filed by Aldo Vera, Jr. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Swift, Robert)
February 26, 2013 Opinion or Order Filing 68 CERTIFICATE OF SERVICE of Notice of Receipt of Funds on Execution Served on Bank of Tokyo-Mitsubishi UFJ,LTD served on Bank of Tokyo-Mitsubishi UFJ,LTD c/o Karl Geercken, Esq,Alston & Bird LLP 90 Park Ave, New York,NY 10016 on 02/25/2013. Service was made by U.S.Postal Service for mail delivery.. Document filed by Aldo Vera, Jr. (Swift, Robert)
February 26, 2013 Opinion or Order Filing 67 CERTIFICATE OF SERVICE of Notice of Receipt of Funds on Execution Served on Bank of Tokyo-Mitsubishi UFJ,LTD served on Ministry of Foreign Affairs Republic of Cuba on 02/25/2013. Service was made by U.S. Postal Service for International mail delivery.. Document filed by Aldo Vera, Jr. (Swift, Robert)
February 26, 2013 Opinion or Order Filing 66 NOTICE of of Receipt of Funds on Execution Served on Bank of Tokyo-Mitsubishi UFJ,LTD. Document filed by Aldo Vera, Jr. (Swift, Robert)
February 26, 2013 Opinion or Order Filing 65 ENDORSED LETTER: addressed to Judge Alvin K. Hellerstein from Barry J. Glickman dated 2/25/2013 re: Counsel to non-party Standard Chartered Bank write in light of the foregoing, plaintiff's counsel has agreed to extend the time by which SCB may serve a response to the motion to compel to March 11, 2013. ENDORSEMENT: The extension to March 11, 2013 is approved. So Ordered. (Signed by Judge Alvin K. Hellerstein on 2/26/2013) (js)
February 26, 2013 Opinion or Order Filing 64 ENDORSED LETTER: addressed to Judge Alvin K. Hellerstein from Carmine D. Boccuzzi Jr. dated 2/22/2013 re: Counsel writes BNPP-NY takes no position on the ultimate merits of plaintiff's motion; however, Counsel write briefly to correct several misstatements in plaintiff's Motion. ENDORSEMENT: Because BNPP-NY takes no position on the motion, I am unable to understand the specific points raised by this letter. To the extent BNPP-NY objects, the objection is over-ruled. (Signed by Judge Alvin K. Hellerstein on 2/26/2013) (js)
February 26, 2013 Opinion or Order Filing 63 SEALED DOCUMENT placed in vault.(mps)
February 25, 2013 Opinion or Order Filing 62 MOTION FOR TURNOVER ORDER re: Note to Attorney to Re-File Document - Deficient Docket Entry Error,. Document filed by Aldo Vera, Jr. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Swift, Robert)
February 25, 2013 Opinion or Order Filing 61 CERTIFICATE OF SERVICE of Motion for Turnover Order Pursuant to Federal Rule of Civil Procedure Rule 69 and CPLR 5225 served on RBS Citizens,N.A. Attn: Haward Smoth Esq. 600 Washington Boulevard,Stamford,CT 06901 on 02/25/2013. Service was made by U.S.Postal Service for mail delivery.. Document filed by Aldo Vera, Jr. (Swift, Robert)
February 25, 2013 Opinion or Order Filing 60 CERTIFICATE OF SERVICE of Motion for Turnover Order Pursuant to Federal Rule of Civil Procedure Rule 69 and CPLR 5225 served on Ministry of Foreign Affairs Republic of Cuba Calzada #360,Vedado, Havana,Cuba on 02/25/2013. Service was made by U.S. Postal Service for International mail delivery.. Document filed by Aldo Vera, Jr. (Swift, Robert)
February 25, 2013 Opinion or Order Filing 59 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Turnover Order Pursuant to Federal Rule of Civil Procedure Rule 69 and CPLR 5225. Document filed by Aldo Vera, Jr. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Swift, Robert) Modified on 2/25/2013 (db).
February 25, 2013 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Robert Alan Swift to RE-FILE Document #59 MOTION for Turnover Order Pursuant to Federal Rule of Civil Procedure Rule 69 and CPLR 5225. ERROR(S): No signature or s/. (db)
February 22, 2013 Opinion or Order Filing 58 CERTIFICATE OF SERVICE of Order Pursuant to Federal Rule of Civil Procedure Rule 69 and CPLR 5225 (b) served on Bank of China c/o Richard De Palma,Esq Thompson Hine 335 Madison Ave 12th Floor,New York,NY 10017 on 2/22/2013. Service was made by U.S. Postal Service. Document filed by Aldo Vera, Jr. (Swift, Robert)
February 22, 2013 Opinion or Order Filing 57 CERTIFICATE OF SERVICE of Order Pursuant to Federal Rule of Civil Procedure Rule 69 and CPLR 5225 (b) served on Ministry of Foreign Affairs Republic of Cuba Calzada #360, Vedado on 2/22/2013. Service was made by U.S. Postal Service for International Mail Delivery. Document filed by Aldo Vera, Jr. (Swift, Robert)
February 22, 2013 Opinion or Order Filing 56 MOTION or Turnover Order Pursuant to Federal Rule of Civil Procedure Rule 69 and CPLR 5225 (b). Document filed by Aldo Vera, Jr. (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)(Swift, Robert)
February 21, 2013 Opinion or Order Filing 55 SEALED DOCUMENT placed in vault.(nm)
February 20, 2013 Opinion or Order Filing 54 CERTIFICATE OF SERVICE of Motion for Turnover Order Pursuant to Federal Rule of Civil Procedure Rule 69 and CPLR 5225 (b) served on Intesa Sapaolo S.P.A c/o Jennifer G Newstead,Esq Davis Polk & Wardwell LLP,450 Lexington Avenue, New York,NY 10017 on 2/20/2013. Service was made by mail. Document filed by Aldo Vera, Jr. (Swift, Robert)
February 20, 2013 Opinion or Order Filing 53 CERTIFICATE OF SERVICE of Motion for Turnover Order Pursuant to Federal Rule of Civil Procedure Rule 69 and CPLR 5225(b) served on Societe Generale by mailAtt: Patrica G.Corley, Esq. on 2/20/13. Service was made by by mail.. Document filed by Aldo Vera, Jr. (Swift, Robert)
February 20, 2013 Opinion or Order Filing 52 CERTIFICATE OF SERVICE of Motion for Turnover Order Pursuant to Federal Rule of Civil Procedure Rule 69 and CPLR 5225(b) served on Ministry of Foreign Affairs Republic of Cuba Calzada #360 on 2/20/2013. Service was made by International mail delivery.. Document filed by Aldo Vera, Jr. (Swift, Robert)
February 20, 2013 Opinion or Order Filing 51 MOTION Motion for Turnover Order Pursuant to Federal Rule of Civil Procedure Rule 69 and CPLR 5225(b). Document filed by Aldo Vera, Jr. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Swift, Robert)
February 20, 2013 Opinion or Order Filing 50 CERTIFICATE OF SERVICE of Motion for Turnover Order Pursuant to Federal Rule of Civil Procedure Rule 69 and CPLR 5225(b) served on Ministry of Foreign Affairs Republic of Cuba on 02/20/2013. Service was made by International mail delivery.. Document filed by Aldo Vera, Jr. (Swift, Robert)
February 20, 2013 Opinion or Order Filing 49 MOTION for Turnover Order Pursuant to Federal Rule of Civil Procedure Rule 69 and CPLR 5225 (b). Document filed by Aldo Vera, Jr. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Swift, Robert)
February 19, 2013 Opinion or Order Filing 48 CERTIFICATE OF SERVICE of Motion for Turnover Order Pursuant to Federal Rule of Civil Procedure Rule 69 and CPLR 5225 (b) served on BPD Bank att: Eva M.Pizano on 2/19/2013. Service was made by Certified Mail Return receipt requested.. Document filed by Aldo Vera, Jr. (Swift, Robert)
February 19, 2013 Opinion or Order Filing 47 CERTIFICATE OF SERVICE of Motion for Turnover Order Pursuant to Federal Rule of Civil Procedure Rule 69 and CPLR 5225(b) served on Ministry Of Foreign Affairs Republic of Cuba on 02/19/2013. Service was made by International Mail delivery. Document filed by Aldo Vera, Jr. (Swift, Robert)
February 19, 2013 Opinion or Order Filing 46 MOTION For Turnover Order Pursuant to Federal Rule of Civil Procedure Rule 69 and CPLR 5225 (b). Document filed by Aldo Vera, Jr. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Swift, Robert)
February 19, 2013 Opinion or Order Filing 45 CONFIDENTIALITY AGREEMENT: Regarding procedures to be followed that shall govern the handling of confidential material. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 2/19/2013) (ama)
February 19, 2013 Opinion or Order Filing 44 STIPULATION: IT IS HEREBY STIPULATED AND AGREED by and between counsel for the undersigned parties that the time for Garnishee M&T Bank to serve opposition to Plaintiff's Motion to Compel is hereby extended through and including March 8, 2013. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 2/19/2013) (ama) Modified on 2/22/2013 (ama).
February 19, 2013 Opinion or Order Filing 43 STIPULATION RE TURNOVER OF PROPERTY: Plaintiff is a judgment creditor pursuant to a judgment entered August 20, 2012 against the Republic of Cuba pursuant to 28 U.S.C. 1605(a)(7), now 28 U.S.C. 1605A, In the amount of $49,346,713.22 2. the Court granted Plaintiff permission to execute on the judgment pursuant to 28 U.S.C. 1610(c) by Order dated October 11, 2013. 3. Plaintiff served Garnishee The Bank of Tokyo-Mitsubishi UFJ, Ltd. with a notice of execution to which Garnishee submitted a response. 4. Garnishee has in its custody the sums listed below, totaling $10,671.92, held in the below designated accounts wherein agencies and instrumentalities of the Republic of Cuba are account holders: as set forth in this order. (Signed by Judge Alvin K. Hellerstein on 2/19/2013) (js)
February 19, 2013 Opinion or Order Filing 42 ENDORSED LETTER: addressed to Judge Alvin K. Hellerstein from Kerry A. Sheehan dated 2/14/2013 re: Accordingly, Counsel for Garnishee M&T Bank has submitted to the Court via facsimile on this date a request for the Court to adjourn the deadline for M7T Bank to serve any opposition to the motion. ENDORSEMENT: The motion as to Bank of China only is withdrawn. So Ordered. (Signed by Judge Alvin K. Hellerstein on 2/19/2013) (js)
February 19, 2013 Opinion or Order Filing 41 ENDORSED LETTER: addressed to Judge Alvin K. Hellerstein from Robert A. Swift dated 2/13/2013 re: Accordingly, Counsel requests that this Court "So Order" an extension until August 31, 2013 for Plaintiff to file turnover motions as to the banks listed in the attached chart. ENDORSEMENT: So Ordered. (Signed by Judge Alvin K. Hellerstein on 2/15/2013) (js)
February 19, 2013 Opinion or Order Filing 40 ORDER: IT IS HEREBY STIPULATED AND AGREED, BY AND between counsel for plaintiffs and counsel for Barclays, as follows: 1. Production of documents by Barclays in in this action shall be subject to the annexed protective agreement and order, as so ordered by the Court on January 14, 2013. 2. Entering into this stipulation shall be deemed to have the same force and effects as execution of a counterpart to the protective agreement and order as provided in paragraph L thereof. Upon execution, this stipulation shall have the effect of an agreement between the signatories hereto is not conditioned on any eventual court order, if any approving this stipulation. so Ordered (Signed by Judge Alvin K. Hellerstein on 2/15/2013) (js)
February 8, 2013 Opinion or Order Filing 39 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Kerry A. Sheehan dated 02/08/2013 re: Plaintiff and Garnishees M&T Bank and Bank of China jointly and respectfully request the Court to "So Order" this letter adjourning the time for M&T Bank and Bank of China to respond to the Motion until February 15, 2013. No prior requests for such an adjournment have been made. ENDORSEMENT: So Ordered. ( Responses due by 2/15/2013) (Signed by Judge Alvin K. Hellerstein on 02/08/2013) (jcs)
February 8, 2013 Opinion or Order Filing 38 CERTIFICATE OF SERVICE of MOTION FOR TURNOVER ORDER served on BNP Attn: Diana E. Mitchell, Esq. on 02/08/2013. Service was made by Mail. Document filed by Aldo Vera, Jr. (Swift, Robert)
February 8, 2013 Opinion or Order Filing 37 CERTIFICATE OF SERVICE of Motion For Turnover Order. served on Ministry of Foreign Affairs Republic of Cuba. on 02/08/2013. Service was made by International Mail.. Document filed by Aldo Vera, Jr. (Swift, Robert)
February 8, 2013 Opinion or Order Filing 36 MOTION FOR TURNOVER ORDER PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 69 AND CPLR 5525(b). Document filed by Aldo Vera, Jr. (Attachments: #1 Exhibit 1., #2 Exhibit 2., #3 Exhibit 3., #4 Exhibit 4.)(Swift, Robert)
January 23, 2013 Opinion or Order Filing 35 CERTIFICATE OF SERVICE of Plaintiff's Motion to Compel Full and Complete Answers to Information Subpoenas, including the Declaration of Robert A. Swift in Support of Motion to Compel Full and Complete Answers to Information Subpoenas and all Exhibits thereto. served on Bank of China c/o Lanier Saperstein, Esq. Dorsey & Whitney 51 W. 52nd Street, New York, NY 10019. M&T Bank, Att. Michael C. Driscoll, Esq. One M&T Plaza, Buffalo, NY 14203. on 01/22/2013. Service was made by Mail. Document filed by Aldo Vera, Jr. (Sheehan, Kerry)
January 23, 2013 Opinion or Order Filing 34 CERTIFICATE OF SERVICE of Plaintiff's Motion to Compel Full and Complete Answers to Information Subpoenas, including the Declaration of Robert A. Swift in Support of Motion to Compel and Complete Answers to Information Subpoenas and all the Exhibits thereto. served on Ministry of Foreign Affairs on 01/22/2013. Service was made by International Mail Delivery. Document filed by Aldo Vera, Jr. (Sheehan, Kerry)
January 23, 2013 Opinion or Order Filing 33 CERTIFICATE OF SERVICE of Motion to Compell Full and Complete Answers to Information Subpoenas, including the Declaration of Robert A. Swift in Support of Motion to Compel Full and Complete Answers to Information Subpoenas and all Exhibits thereto. served on Standard Chartered Bank on 01/22/2013. Service was made by Certified Mail, Return Receipt Requested.. Document filed by Aldo Vera, Jr. (Sheehan, Kerry)
January 22, 2013 Opinion or Order Filing 32 DECLARATION of Robert A. Swift in Support re: #31 MOTION to Compel The Standard Chartered Bank, Bank of China and M & T Bank to To furnish full and complete answers to an information subpoena.. Document filed by Aldo Vera, Jr. (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.)(Swift, Robert)
January 22, 2013 Opinion or Order Filing 31 MOTION to Compel The Standard Chartered Bank, Bank of China and M & T Bank to To furnish full and complete answers to an information subpoena. Document filed by Aldo Vera, Jr.(Swift, Robert)
January 22, 2013 Opinion or Order Filing 30 AMENDED ORDER granting #25 Motion to Amend/Correct. AND NOW, this 22nd day of January, 2013, upon Motion by Plaintiff to amend this Court's Order October 11, 2012 permitting attachment and execution upon assets of the Defendant in satisfaction of the Judgment in this action, the Motion is GRANTED and the Order of October 11, 2012 is amended nunc pro tunc.The Court finds that (a) this Court's Judgment dated August 17, 2012 was served by the Clerk of Court on Defendant Republic of Cuba on September 4, 2012, (b) the notice of entry of judgment to a foreign sovereign required by the Foreign Sovereign Immunities Act ("FSIA"), 28 U.S.C. 1608(e), has been given to the said Defendant, (c) the time to appeal said Judgment has elapsed, and (d) a reasonable period time of time has elapsed following entry of the August 17, 2012 Judgment, (e) the Judgment was entered pursuant to Section 1605A of the FSIA and execution on the assets of Cuba is permitted by Section 1610(a) and (b) of the FSIA, (f) pursuant to Section 1610(f) and (g) of the FSIA, Congress has specifically permitted execution in these circumstances on assets of Cuba blocked pursuant to 31 C.F.R. Part 515, and (g) the Treasury Depmtment has identified to plaintiff Cuban blocked assets at specific financial institutions located in the United States.THEREFORE, IT IS HEREBY ORDERED that Plaintiff may commence attachment and execution on the Judgment pursuant to 28 U.S.C. 1610(c) as to blocked Cuban assets at the financial institutions identified by the Treasury Department. (Signed by Judge Alvin K. Hellerstein on 1/22/2013) (lmb)
January 18, 2013 Opinion or Order Filing 29 ADDENDUM TO PROTECTIVE AGREEMENT AND ORDER. re: #24 Protective Order. The Protective Agreement and Order, herein dated January 11, 2013,together with with this Addendum, shall govern the production and exchange of all documents and other information produced, given or exchanged by plaintiff-judgment creditor and Commerzbank AG during the course of plaintiff-judgment creditor's enforcement proceeding as set forth herein. The provisions of this addendum to the Protective Agreement and Order shall not construed as preventing any disclosure of confidential information to or by a governmental entity for the purpose of the enforcement of the civil or criminal laws. (Signed by Judge Alvin K. Hellerstein on 1/18/2013) (djc)
January 16, 2013 Opinion or Order Filing 28 SEALED DOCUMENT placed in vault.(nm)
January 15, 2013 Opinion or Order Filing 27 CERTIFICATE OF SERVICE of Plaintiff's Motion to Amend, Declaration of Robert A. Swift with Exhibits. served on Ministry of Foreign Affairs, Republic of Cuba. on 01/15/2013. Service was made by International Mail Delivery.. Document filed by Aldo Vera, Jr. (Swift, Robert)
January 15, 2013 Opinion or Order Filing 26 DECLARATION of Robert A. Swift. in Support re: #25 MOTION to Amend/Correct.. Document filed by Aldo Vera, Jr. (Attachments: #1 Exhibit 1., #2 Exhibit 2., #3 Exhibit 3., #4 Exhibit 4.)(Swift, Robert)
January 15, 2013 Opinion or Order Filing 25 MOTION to Amend/Correct. Document filed by Aldo Vera, Jr.(Swift, Robert)
January 14, 2013 Opinion or Order Filing 24 PROTECTIVE AGREEMENT AND ORDER: regarding procedures to be followed that shall govern the handling of confidential material. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 1/14/2013) (ama)
January 9, 2013 Opinion or Order Filing 23 NOTICE of NOTICE OF RECEIPT OF FUNDS ON EXECUTION SERVED ON SUMITOMO MITSUI BANKING CORPORATION.. Document filed by Aldo Vera, Jr. (Sheehan, Kerry)
December 27, 2012 Opinion or Order Filing 22 STIPULATION RE TURNOVER OF PROPERTY: Counsel for Plaintiff Aldo Vera, Jr. and counsel for Sumitomo Mitsui Banking Corporation stipulate and agree as follows: Plaintiff is a judgment creditor pursuant to a Judgment entered August 20, 2012 against the Republic of Cuba pursuant to 28 U.S.C. 1605(a)(7), now 28 U.S.C. 1605A, in the amount of $49,346,713.22. In accordance with Section 201(a) of the Terrorism Risk Insurance Act ("TRIA"), 28 U.S.C. 1610 note, Plaintiff may execute on blocked Cuban property in the custody of financial institutions. Upon execution hereof, Garnishee will turn over to Plaintiff's counsel the proceeds of said Account No. 203792 in the amount of $17,405.93 together with interest posted to the Account since August 29, 2012 in partial satisfaction of the said Judgment to TRIA. Upon the turnover of the proceeds, Plaintiff will vacate the notice of execution to Garnishee. (Signed by Judge Alvin K. Hellerstein on 12/27/2012) (ago)
December 14, 2012 Opinion or Order Filing 21 NOTICE of Notice of Filing of Response to Writ of Execution re: Writ of Execution Issued,. Document filed by Banco do Brasil, S.A.. (Tandy, Aaron)
November 16, 2012 Opinion or Order Writ of Execution Issued as to The Republic of Cuba on 11/16/12 Judgment # 12,1520 in the amount of $ 49,346,713.22 in favor of Aldo Vera Jr., as Personal Representative of the Estate of Aldo Vera, Sr. against The Republic of Cuba. (Signed by Clerk of Court Ruby Krajick on 11/16/12) (ml)
November 7, 2012 Opinion or Order Filing 20 MEMO ENDORSEMENT: re: MOTION FOR ENTRY OF AN ORDER PURSUANT TO TO THE REPUBLIC OF CUBA, 28 U.S.C. 1610(c) TO PERMIT ATTACHMENT AND EXECUTION ON THE DEFAULT JUDGMENT: ENDORSEMENT: Motion granted. Submit order. (Signed by Judge Alvin K. Hellerstein on 11/5/2012) (pl)
October 30, 2012 Opinion or Order Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Oral Argument held on 10/30/2012 re: #193 MOTION to Compel Garnishees Banco Santander, SA and Intesta Sanpaola S.p.A to furnish full and complete answers to an information subpoena served on each more than four (4) months ago.. filed by Aldo Vera, Jr., ( Motion to dismiss due by 11/15/2013., Responses due by 12/6/2013, Replies due by 12/16/2013.). (Jones, Brigitte)
October 11, 2012 Opinion or Order Filing 19 ORDER: Plaintiff may commence attachment and execution on the Judgment pursuant to 28 U.S.C. 1610(c). (Signed by Judge Alvin K. Hellerstein on 10/11/2012) (ft)
October 10, 2012 Opinion or Order Filing 18 CERTIFICATE OF SERVICE of Plaintiff's Motion for Entry of an Order Pursuant to28 U.S.C. 1610(c) to Permit Attachment and Execution on the Default Judgment, Memorandum of Law in Support thereof, and all exhibits. served on The Republic of Cuba's Foreign Ministry of Foreign Affairs in Havana, Cuba on 09/20/2012. Service was made by DHL. Document filed by Aldo Vera, Jr. (Attachments: #1 Exhibit A.)(Sheehan, Kerry)
September 20, 2012 Opinion or Order Filing 17 MEMORANDUM OF LAW in Support re: #16 MOTION For Entry of An Order Pursuant To 28 U.S.C.1610(c) To Permit Attachment And Execution On The Default Judgment. re: #12 Judgment.. Document filed by Aldo Vera, Jr. (Attachments: #1 Exhibit 1., #2 Exhibit 2., #3 Exhibit 3.)(Sheehan, Kerry)
September 20, 2012 Opinion or Order Filing 16 MOTION For Entry of An Order Pursuant To 28 U.S.C.1610(c) To Permit Attachment And Execution On The Default Judgment. re: #12 Judgment. Document filed by Aldo Vera, Jr.(Sheehan, Kerry)
September 13, 2012 Opinion or Order Filing 15 CERTIFICATE OF SERVICE of Judgment, Notice of Right to Appeal, Translator Affidavit and Spanish translation of the Judgment, the Notice of Right to Appeal and the Translator Affidavit. served on Cuban Ministry of Foreign Affairs on 08/28/2012. Service was accepted by Ms. Leidis. Document filed by Aldo Vera, Jr. (Attachments: #1 Exhibit A., #2 Exhibit B.)(Glen, Jeffrey)
August 30, 2012 Opinion or Order Filing 14 NOTICE OF APPEARANCE by Kerry Ann Sheehan on behalf of Aldo Vera, Jr (Sheehan, Kerry)
August 29, 2012 Opinion or Order Filing 13 CLERK CERTIFICATE OF MAILING of one copy of the Judgement, Notice of Right to Appeal, Translator Affidavit, Spanish Translation of Judgment, the Notice of Right to Appeal, and the Translator Affidavit mailed to Minister Bruno Eduardo Rodriguez Parilla at the following address: Minister Bruno Eduardo Rodriguez Parilla, Cuban Ministry of Foreign Affairs, Calzada # 360, Vedado, Havana, Cuba on 8/29/12 by DHL tracking # 74 1297 5220, to the head of the ministry of foreign affairs, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(a)(3). (jvs)
August 17, 2012 Opinion or Order Filing 12 Vacated as per Judge's Order dated 11/13/2017, Doc. # 951 JUDGMENT #12,1520 in favor of Aldo Vera, Jr against The Republic of Cuba in the amount of $ 49,346,713.22. (Signed by Judge Alvin K. Hellerstein on 8/17/12) (Attachments: #1 NOTICE OF RIGHT TO APPEAL)(ml) Modified on 11/14/2017 (ras).
July 25, 2012 Opinion or Order Filing 11 DECLARATION of Robert A. Swift. re: #8 MOTION for Default Judgment as to Defendant the Republic of Cuba., #10 Declaration in Support of Motion, #9 Memorandum of Law in Support of Motion. Document filed by Aldo Vera, Jr. (Attachments: #1 Exhibit A.)(Glen, Jeffrey)
June 27, 2012 Opinion or Order Filing 10 DECLARATION of Carrie Maylor DiCanio, Esq. in Support re: #8 MOTION for Default Judgment as to Defendant the Republic of Cuba.. Document filed by Aldo Vera, Jr. (Attachments: #1 Exhibit A., #2 Exhibit B., #3 Exhibit C., #4 Exhibit D., #5 Exhibit E., #6 Exhibit F.)(DiCanio, Carrie)
June 27, 2012 Opinion or Order Filing 9 MEMORANDUM OF LAW in Support re: #8 MOTION for Default Judgment as to Defendant the Republic of Cuba.. Document filed by Aldo Vera, Jr. (DiCanio, Carrie)
June 27, 2012 Opinion or Order Filing 8 MOTION for Default Judgment as to Defendant the Republic of Cuba. Document filed by Aldo Vera, Jr.(DiCanio, Carrie)
June 27, 2012 Opinion or Order Filing 7 Clerk's Certificate of Default as to the Republic of Cuba (jnm)
May 15, 2012 Opinion or Order CASHIERS OFFICE REMARK on 5 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 05/11/2012, Receipt Number 1037993. (jd)
May 14, 2012 Opinion or Order Filing 6 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting 5 Motion for Robert A. Swift to Appear Pro Hac Vice. (Signed by Judge Alvin K. Hellerstein on 5/14/2012) (djc)
May 11, 2012 Opinion or Order Filing 5 MOTION for Robert A. Swift to Appear Pro Hac Vice. Document filed by Aldo Vera, Jr.(pgu)
May 11, 2012 Opinion or Order Filing 4 NOTICE OF APPEARANCE by Carrie Maylor DiCanio on behalf of Aldo Vera, Jr (DiCanio, Carrie)
May 4, 2012 Opinion or Order ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Jeffrey E. Glen for noncompliance with Section 14.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #1 Complaint to: caseopenings@nysd.uscourts.gov. (ama)
May 1, 2012 Opinion or Order Filing 3 AFFIDAVIT OF SERVICE of Summons and Complaint. The Republic of Cuba served on 4/24/2012, answer due 6/25/2012. Document filed by Aldo Vera, Jr. (Attachments: #1 Exhibit A., #2 Exhibit B.)(Glen, Jeffrey)
April 9, 2012 Opinion or Order Filing 2 CLERK CERTIFICATE OF MAILING of one copy of the Summons and Complaint (Including Exhibits 1 and 2, Notice of Suit, Translator Affidavit and a Spanish translation of each of the Summons, Complaint including Exhibit 1 and 2 Notice of Suit, and Translator Affidavit mailed to Minister Bruno Eduardo Rodriguez Parrilla at the following address: Cuban Ministry of Foreign Affairs, Calzada # 360, Vedado, Havana, Cuba on 4/9/2012 by DHL tracking # 86 7277 0201, to the head of the ministry of foreign affairs, pursuant to the provisions of Foreign Services Immunities Act, 28 U.S.C. 1608(a)(3). (jvs)
March 5, 2012 Opinion or Order Filing 1 COMPLAINT against The Republic of Cuba. (Filing Fee $ 350.00, Receipt Number 45401031502)Document filed by Aldo Vera, Jr.(rdz) (ama).
March 5, 2012 Opinion or Order SUMMONS ISSUED as to The Republic of Cuba. (rdz)
March 5, 2012 Opinion or Order Magistrate Judge Gabriel W. Gorenstein is so designated. (rdz)
March 5, 2012 Opinion or Order ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Jeffrey E. Glen for noncompliance with Section 14.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #1 Complaint to: caseopenings@nysd.uscourts.gov. (rdz)
March 5, 2012 Opinion or Order Case Designated ECF. (rdz)

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Search for this case: Vera v. The Republic of Cuba
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Plaintiff: Aldo Vera, Jr.
Represented By: Carrie Maylor DiCanio
Represented By: Jeffrey E Glen
Represented By: Kerry Ann Sheehan
Represented By: Luma Salah Al-Shibib
Represented By: Robert Alan Swift
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Petitioner: Alfredo Villoldo
Represented By: Beth Ilana Goldman
Represented By: Edward Henry Rosenthal
Represented By: Nicole Bergstrom
Represented By: Andrew Clifford Hall
Represented By: Brandon R. Levitt
Represented By: Robert Alan Swift
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Petitioner: Jeanette Fuller Hausler
Represented By: James Wilson Perkins
Represented By: Robert Alan Swift
Represented By: Roberto Martinez
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Petitioner: Gustavo Villoldo
Represented By: Andrew Clifford Hall
Represented By: Brandon R. Levitt
Represented By: Nicole Bergstrom
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Petitioner: William O. Fuller
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Defendant: The Republic of Cuba
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Defendant: Banco Financiero Internacional S.A.
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Garnishee: RBS Citizens, N.A.
Represented By: Hayward Homes Smith
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Garnishee: Deutsche Bank Trust Company Americas
Represented By: Gregory Scott Nieberg
Represented By: Mark Putnam Gimbel
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Garnishee: Commerzbank AG
Represented By: Paul Anthony Saso
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Garnishee: Societe Generale
Represented By: Steven Wolowitz
Represented By: Christopher James Houpt
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Garnishee: Credit Agricole Corporate & Investment Bank
Represented By: Carmine D. Boccuzzi, Jr
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Garnishee: Standard Chartered Bank
Represented By: Barry Jay Glickman
Represented By: Bruce Edward Clark
Represented By: Bradley Paul Smith
Represented By: Sharon L. Nelles
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Garnishee: Mercantil Commercebank, N.A.
Represented By: Barry Jay Glickman
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Garnishee: Bank of America, N.A.
Represented By: James Loran Kerr
Represented By: Craig Thomas Cagney
Represented By: Daniel Taylor Young
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Garnishee: UBS AG
Represented By: Craig Thomas Cagney
Represented By: Daniel Taylor Young
Represented By: James Loran Kerr
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Garnishee: Citibank, N.A.
Represented By: Craig Thomas Cagney
Represented By: Daniel Taylor Young
Represented By: James Loran Kerr
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Garnishee: Wells Fargo Bank, N.A.
Represented By: Craig Thomas Cagney
Represented By: Daniel Taylor Young
Represented By: James Loran Kerr
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Garnishee: Credit Suisse AG, New York Branch
Represented By: Craig Thomas Cagney
Represented By: Daniel Taylor Young
Represented By: James Loran Kerr
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Garnishee: JPMorgan Chase Bank, N.A.,
Represented By: Craig Thomas Cagney
Represented By: Daniel Taylor Young
Represented By: James Loran Kerr
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Garnishee: Barclays Bank PLC
Represented By: Craig Thomas Cagney
Represented By: Daniel Taylor Young
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Garnishee: Banco Santander, S.A.
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Garnishee: HSBC Bank
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Garnishee: Royal Bank of Canada
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Respondent: Intesa Sanpaolo S.p.A.
Represented By: Jennifer Gillian Newstead
Represented By: Karen E Wagner
Represented By: Craig Thomas Cagney
Represented By: Daniel Taylor Young
Represented By: Gina Marie Cora
Represented By: James Loran Kerr
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Respondent: HSBC Bank USA, N.A.
Represented By: Paul Kenneth Stecker
Represented By: Anna Mercado Clark
Represented By: Sean Charles McPhee
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Respondent: Bank of New York Mellon
Represented By: Steven B. Feigenbaum
Represented By: Gregory Phillip Feit
Represented By: J. Kelley Nevling, Jr
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Respondent: Banco Bilbao Vizcaya Argentaria, S.A.
Represented By: Kenneth Andrew Caruso
Represented By: Christopher Daniel Volpe
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Respondent: Brown Brothers Harriman & CO.
Represented By: Tai Hyun Park
Represented By: Amy Patricia Dieterich
Represented By: Kathleen E. Gardner
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Respondent: Credit Agricole Corporate & Investment Bank, Paris
Represented By: Carmine D. Boccuzzi, Jr
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Respondent: Credit Lyonnais S.A. n/k/a LCL-LE Credit Lyonnais S.A.
Represented By: Carmine D. Boccuzzi, Jr
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3rd party defendant: BBVA Colombia S.A.
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3rd party defendant: AT&T Corp.
Represented By: Paul Fava Theiss
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3rd party defendant: Banco Bilbao Vizcaya Argentaria S.A.
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3rd party defendant: Banco Nacional de Mexico (Banamex)
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3rd party defendant: Bank of the Bahamas Limited
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3rd party defendant: Canadian Imperial Bank of Commerce
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3rd party defendant: Havanatur, S.A.
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3rd party defendant: Havin Bank Limited
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3rd party defendant: JPMorgan Chase Bank, N.A.
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3rd party defendant: Ministerio de Relaciones Exteriores
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3rd party defendant: MOA Nickel S.A.
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3rd party defendant: Netherlands Caribbean Bank N.V.
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3rd party defendant: Sherritt International Corporation
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3rd party defendant: Vinales Tours, S.A.
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3rd party defendant: Jeannette Fuller Hausler
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3rd party defendant: William Fuller
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3rd party defendant: Australia and New Zealand Banking Group
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3rd party defendant: Banco De Sabadell S.A.
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3rd party defendant: Casa Financiera Fintur, S.A.
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3rd party defendant: Consulado de Cuba In Barcelona
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3rd party defendant: Credit Agricole Corporate and Investment Bank
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3rd party defendant: Cubaniquel
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3rd party defendant: Deutsche Bank AG
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3rd party defendant: Etco International Commodities Ltd
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3rd party defendant: ING Bank NV Curaao
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3rd party defendant: LCL, S.A.
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3rd party defendant: Lloyds Bank Plc
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3rd party defendant: Naviera Armamex S.A. de C.V.
Represented By: Kyra Tichacek Keller
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3rd party defendant: SITA Information Networking Computing B.V.
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3rd party defendant: Banco Espaol De Credito (Banesto)
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3rd party defendant: Banco Popular Espaol S.A.
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3rd party defendant: Banco Sudameris Brazil
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3rd party defendant: Ciliberti Santina
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3rd party defendant: Corporacin Habanos S.A.
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3rd party defendant: Cubana De Aviacin S.A.
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3rd party defendant: Cubanacan Comercio Internacional LTDA
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3rd party defendant: Havana Holdings Limited
Represented By: Christopher J. Robinson
Represented By: Sharon L. Schneier
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3rd party defendant: ING Bank N.V. (London, UK branch)
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3rd party defendant: Royal Bank of Scotland International Ltd
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3rd party defendant: Banca Monte dei Paschi di Siena S.p.A.
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3rd party defendant: Banco Nacional de Cuba
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3rd party defendant: Coral Container Lines S.A.
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3rd party defendant: ING Bank N.V.
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3rd party defendant: Linshang Bank Co., Ltd.
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3rd party defendant: MCV Comercial S.A.
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3rd party defendant: Tecnoimport Havana Cuba
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3rd party defendant: Acinox S.A.
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3rd party defendant: Cubana De Aviacion S.A.
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3rd party defendant: SBH Tabac EURL (a/k/a La Casa Del Habano)
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3rd party defendant: Corporacion Habanos, S.A.
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3rd party defendant: The Windward Islands Bank Ltd.
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3rd party defendant: Fennina Jamel
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3rd party defendant: BBVA Bancomer, S.A.
Represented By: Kenneth Andrew Caruso
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3rd party defendant: Cubanacan Negocios Mexico, S.A. de C.V.
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3rd party defendant: ING Bank N.V. (Curacao)
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3rd party defendant: Casa Financiera Fintur S.A.
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3rd party defendant: Niref B.V.
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3rd party defendant: VTB Bank (a/k/a Bank for Foreign Trade of the Russian Federation)
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3rd party defendant: Inkombank
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3rd party defendant: JSC Zarubezhtsvetmet
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3rd party defendant: AT&T Inc.
Represented By: Paul Fava Theiss
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3rd party defendant: Cuban-American Telephone & Telegraph Company
Represented By: Paul Fava Theiss
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3rd party defendant: Empresa De Telecomunicaciones Internacionales De Cuba (Emtelcuba)
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3rd party defendant: Empresa de Radiocomunicacin Y Difusin De Cuba
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3rd party defendant: Empresa De Telecomunicaciones De Cuba SA (Etecsa)
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3rd party defendant: Republic of Cuba
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3rd party defendant: Aldo Vera, Jr., as Personal Representative of the Estate of Aldo Vera, Sr.
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3rd party defendant: Jeannette Fuller Hausler, as court-appointed co-representatives of the Estate of Robert Otis Fuller, deceased, on behalf of all beneficiaries of the Estate and the Estate of Robert Otis Fuller
Represented By: James Wilson Perkins
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3rd party defendant: William Fuller as court-appointed co-representatives of the Estate of Robert Otis Fuller, deceased, on behalf of all beneficiaries of the Estate and the Estate of Robert Otis Fuller
Represented By: James Wilson Perkins
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3rd party defendant: Alfredo Villoldo, individually
Represented By: Edward Henry Rosenthal
Represented By: Andrew Clifford Hall
Represented By: Roarke Maxwell
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3rd party defendant: Gustavo E. Villoldo, individually and as Administrator, Executor, and Personal Representative of the Estate of Gustavo Villoldo Argilagos
Represented By: Edward Henry Rosenthal
Represented By: Roarke Maxwell
Represented By: Andrew Clifford Hall
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3rd party defendant: Lucia Schueg Nielsen, and her heirs and assigns
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3rd party defendant: Edwin H. Nielsen, as Executor of the Estate of Victor H. Schueg
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3rd party defendant: Enriqueta Schueg Bosch, and her heirs and assigns
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3rd party defendant: Unknown John Doe Shareholders of Acueducto Yateritas, S.A., and their heirs and assigns
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3rd party defendant: Acueducto Yateritas, S.A., and its successor-in-interest, if any
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3rd party defendant: The Republic of Cuba, or its designee to the extent it or its designee is the successor-in-interest to Acueducto Yateritas, S.A.
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3rd party defendant: Martinez Amores
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3rd party defendant: Maria Del Carmen Fojo Lage
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3rd party defendant: Guillermina Doval Agusti
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3rd party defendant: Nicasio Escalante
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3rd party defendant: Cristina Gelats Fabregas
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3rd party defendant: Jose Feliu Garcia
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3rd party defendant: Amelia Garcia Gomez
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3rd party defendant: Alberto Antonio Perez Munoz
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3rd party defendant: Conrado Enrique Perez Munoz
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3rd party defendant: Maria Del Carmen Munoz Y Solis
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3rd party defendant: Hilda Casell De Pella
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3rd party defendant: Maria Amelia Daniela Pella
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3rd party defendant: Maria Luisa Aldana Pella
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3rd party defendant: Matilde Pella
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3rd party defendant: Oscar A. Aldana Pella
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3rd party defendant: Oscar Pella, and the heirs and assigns of all such parties
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3rd party defendant: Casimiro Garcia Garcia, and his or her heirs and assigns
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3rd party defendant: Francisco Garcia Diaz
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3rd party defendant: Amelia Garcia Diaz
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3rd party defendant: Jose Gomez Mena
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3rd party defendant: Juan Morales Y Pedroso; and the heirs and assigns of all such parties
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3rd party defendant: Richard Escobar, and his heirs and assigns
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3rd party defendant: Michael L. Jones, and his heirs and assigns
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3rd party defendant: Carlos A. Ramirez, and his heirs and assigns
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3rd party defendant: Alfredo Alfonso
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3rd party defendant: Eugenio Alonso
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3rd party defendant: Delcampa Odon Alvarez
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3rd party defendant: Orlando Argiz
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3rd party defendant: Nicolas Barrios
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3rd party defendant: Jesus Brito
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3rd party defendant: Jose M. Cuesto
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3rd party defendant: Pedro Delaroso
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3rd party defendant: Oscar Delus Reyes
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3rd party defendant: Andres Derios
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3rd party defendant: Carlos Diaz
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3rd party defendant: Luis Echegoyen
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3rd party defendant: Hermenegildo Enriquez
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3rd party defendant: Rene Excajadillo
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3rd party defendant: Mirtha Estevez
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3rd party defendant: Constantine Fernandez
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3rd party defendant: Jesus A. Garcia
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3rd party defendant: Ignacio Gomez
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3rd party defendant: Miguel A. Gonzalez
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3rd party defendant: Cecilia Gutierrez
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3rd party defendant: Maximo Hernandez
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3rd party defendant: Jose Lago
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3rd party defendant: Alberto Lopez
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3rd party defendant: Luis F. Montes
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3rd party defendant: Raul Munoz
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3rd party defendant: Jesus Novo
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3rd party defendant: Jose L. Olivarres
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3rd party defendant: Luis Otano
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3rd party defendant: Olga Perez
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3rd party defendant: Guadelupe Prieto
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3rd party defendant: Dearrelano Ramirez
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3rd party defendant: Enrique Rodriguez
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3rd party defendant: Julia Rodriguez
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3rd party defendant: Mario Rodriquez
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3rd party defendant: Jose Suarez
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3rd party defendant: Carmen Travieso
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3rd party defendant: Manuel Trinchet
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3rd party defendant: Pablo Vidal, and their heirs and assigns of all such parties
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3rd party defendant: Banco Nacional de Cuba, as the successor in interest to Banco Gelats and any other private Cuban bank through which the Cuban Nationals named as Adverse Claimants-Respondents herein may have opened lo
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3rd party defendant: Demetrio Alvares
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3rd party defendant: Hilda Maria Pella
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Not yet classified: MOPEDS Slovakia L.T.D.
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Not yet classified: Unicredit Bank Czech Republic and Slovakia, a.s.
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Not yet classified: Wiliam Fuller
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Alternative dispute resolution (adr) provider: Banco do Brasil, S.A.
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Alternative dispute resolution (adr) provider: BPD Bank
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Alternative dispute resolution (adr) provider: Banco Internacional De Comercio, S.A.
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Alternative dispute resolution (adr) provider: ING Bank France, Succursale De ING Bank N.V.
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Intervenor: National Bank of Canada
Represented By: Kenneth Andrew Caruso
Represented By: Matthew Robert Belz
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Intervenor: National Bank Financial Group
Represented By: Kenneth Andrew Caruso
Represented By: Matthew Robert Belz
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Intervenor: Gustavo E. Villoldo
Represented By: Beth Ilana Goldman
Represented By: Edward Henry Rosenthal
Represented By: Andrew Clifford Hall
Represented By: Brandon R. Levitt
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