Stansell et al v. Revolutionary Armed forces of Colombia (FARC) et al
| Keith Stansell, Marc Gonsalves, Thomas Howes, Judith G. Janis, Christopher T. Janis, Greer C. Janis, Michael J. Janis and Jonathan N. Janis |
| Revolutionary Armed forces of Colombia (FARC) et al |
| 1:2016mc00405 |
| November 10, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Part One |
| Other |
| M 18-302 Registration of Foreign Judgment |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
535
OPINION & ORDER: The Court GRANTS in part and DENIES in part the Garnishees motion. The Garnishees shall serve the Third Parties as directed in this Opinion and Order within 180 days. The Clerk of the Court is respectfully directed to terminate the motion at ECF No. 477. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 9/22/2023) (ama)
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Filing
534
ORDER denying without prejudice to renewal 506 Motion to Dismiss; denying without prejudice to renewal 506 Motion to Vacate 506 MOTION to Dismiss Interpleader Complaint with Prejudice and. MOTION to Vacate Ex Parte Orders Granting Writs of Execution for Lack of Jurisdiction, 529 MOTION to Dismiss Notice of Ministerio Del Poder Popular de Economia Y Finanzas's Renewed and Updated Motion to Dismiss Interpleader Complaint with Prejudice and to Vacate Ex Parte Orders Granting Writs of Execution for Lack of Jurisdiction; denying without prejudice to renewal 529 Motion to Dismiss. Application GRANTED. In a letter filed August 1, 2023, the Stansell and Pescatore Plaintiffs state they do not object to the reque st for a stay, provided it is limited to the scope described in Caballero's request. This case is STAYED with respect to Caballero's collection efforts against the Venezuelan Ministry of Finance pending decision in Havlish, et al. v. Feder al Reserve Bank of N.Y., No. 23-258 (2d Cir. Feb. 28, 2023). The Venezuelan Ministry of Finance's motion to dismiss is DENIED without prejudice to renewal, following a decision in Havlish. Within seven days of any decision in Havlish, Caballer o shall file a letter proposing next steps with respect to the Venezuelan Ministry of Finance's motion to dismiss. So Ordered. The Clerk of Court is respectfully directed to close the motions at Dkt. Nos. 506 and 529 in 16 Misc. 405 and Dkt. Nos. 159 and 166 in 18 Misc. 545. (Signed by Judge Lorna G. Schofield on 8/2/2023) (mml) Modified on 8/2/2023 (mml).
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Filing
519
ORDER AND OPINION re: 477 MOTION to Authorize Service of Venezuelan Parties by Alternative Means Pursuant to F.R.C.P. 4(F)(2)(A) and 4(F)(3) . filed by Sumitomo Mitsui Banking Corporation. The Court lacks the information it needs to evaluate the Garnishees' motion for alternative service. It therefore orders the Garnishees to file the additional briefing and evidence described above by May 26, 2023. The Third Parties' oppositions are due June 9, 2023 and the Garnishees' reply is due June 16, 2023. SO ORDERED. ( Motions due by 5/26/2023., Replies due by 6/16/2023., Responses due by 6/9/2023) (Signed by Magistrate Judge Sarah Netburn on 5/5/2023) (tg)
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Filing
503
ORDER: The Stansell and Pescatore Plaintiffs' ("Plaintiffs") unopposed request, pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, for voluntary dismissal of their respective February 9, 2021 writs of execution dire cted to the blocked account of the Venezuelan Ministry of Finance held by Citibank, N.A., ("the writs") is GRANTED. It is ORDERED that the Plaintiffs' writs are voluntarily dismissed with prejudice, and the February 8, 2021 ex parte o rders issuing these writs at ECF No. 176, No. 16-mc-00405, and ECF No. 91, No. 18-mc-00545, are vacated as moot. The Clerk of the Court is respectfully directed to terminate the Plaintiffs' April 9, 2021 turnover motions at ECF No. 197, No. 16-mc-00405, and ECF No. 103, No. 18-mc-00545, as moot. (Signed by Magistrate Judge Sarah Netburn on 1/24/2023) (ras)
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Filing
499
FINAL JUDGMENT ON CLAIMANTS' INTERPLEADER CROSSCLAIMS: Pursuant to the Court's December 21, 2022 Opinion and Order [Docket Number 497] adopting in full the March 29, 2022 Report and Recommendations of Magistrate Judge Sarah Netburn [Docke t Number 443], and pursuant to Fed. R. Civ. P. 12(c), the following Declaratory Judgment is hereby ORDERED AND ADJUDGED: 1. Treble damages awarded under the Antiterrorism Act ("ATA"), 18 U.S.C. §2333(a) are compensatory damages becau se they are remedial in nature, and function, in essence, as a form of liquidated damages. 2. The full $318,030,000 award of the Stansell judgment is for compensatorydamages fully collectible under TRIA. The full $69,000,000 award of the Pescatore judgment is for compensatory damages fully collectible under TRIA. 3. Caballero is entitled to collect both the economic and non-economic compensatory damages awarded in his ATA judgment, which amounts were trebled, and such trebled amou nts are compensatory damages fully collectible under TRIA per paragraph 1 above. 4. Caballero holds a valid ATA judgment that is not void as a matter of law for lack of subject matter jurisdiction or personal jurisdiction. 5. JUDGMENT is hereby en tered in favor of the STANSELL/PESCATORE claimants and against claimant ANTONIO CABALLERO on Caballero's interpleader crossclaims [Docket Numbers 261, 262, 263, 264, 301, 335 and 376]. 6. JUDGMENT is hereby entered in favor of Claimant ANTONIO C ABALLERO and against the STANSELL/PESCATORE Claimants on the STANSELL/PESCATORE interpleader crossclaims [Docket Numbers 268, 269, 270, 271, 272, 273, 310 and 328]. 7. In light of the foregoing Judgments, the omnibus motion filed by the STANSELL/PESCATORE Claimants [Docket Number 330] and the motion filed by the CABALLERO Claimant [Docket Number 348], on their respective interpleader crossclaims, are hereby DENIED AS MOOT. (Signed by Judge Lorna G. Schofield on 1/6/2023) (mml)
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Filing
497
OPINION AND ORDER: Adopting REPORT AND RECOMMENDATION: for 443 Report and Recommendation. Lopez Bello's objections are OVERRULED. The remainder of the Report, to which there is no objection, is well-reasoned, thorough and contains no error, c lear or otherwise. The Report's recommendation is ADOPTED IN FULL. By January 4, 2023, the parties shall submit a joint proposed form of Judgment consistent with this Opinion and Order. The Stansells' and Pescatores' notice of supplemental authority and proposed opinion were not considered, and Lopez Bello's letter motion to strike them is accordingly DENIED as moot. (Signed by Judge Lorna G. Schofield on 12/21/2022) (ama)
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Filing
454
STIPULATED ORDER GOVERNING CONFIDENTIALITY OF INFORMATION AND DOCUMENTS PRODUCED BY EQUINITI TRUST COMPANY...regarding procedures to be followed that shall govern the handling of confidential material...(See document.) (Signed by Magistrate Judge Sarah Netburn on 5/4/2022) (ras)
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Filing
395
ORDER: All briefing deadlines remain in place. White & Case and Mr. Jimenez shall meet and confer on a briefing schedule to resolve the issues identified in their letters. These briefs should address both who is entitled to represent PDVSA and its subsidiaries and who is entitled to represent the other entities identified by Mr. Jimenez that are not currently represented. The parties shall file that letter with the Court by Wednesday, November 10, 2021. (Signed by Magistrate Judge Sarah Netburn on 11/3/2021) (ras)
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Filing
375
ORDER: On October 1, 2021, attorney Marcos Jimenez moved for a pre-motion conference, claiming to represent both the five Petroleos de Venezuela, S.A.("PDVSA") affiliates currently represented by White & Case, as well as five further enti ties currently unrepresented. ECF No. 362. The plaintiffs oppose this motion. The Court directs White & Case to file a letter on the docket responding to Mr. Jimenez's proposal for a conference and representation of entities in this matter by October 13, 2021. (Signed by Magistrate Judge Sarah Netburn on 10/8/2021) (ras)
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Filing
360
MEMO ENDORSEMENT on re: 358 Letter Antonio Caballero withdrawing 332 Motion to Dismiss; withdrawing 332 Motion to Transfer Case. ENDORSEMENT: Mr. Caballero's request is GRANTED. The Clerk of the Court is respectfully directed to terminate the motion at ECF No. 332. Mr. Caballero shall file his answer to Equiniti's complaint by October 8, 2021. (Signed by Magistrate Judge Sarah Netburn on 9/27/2021) (ras)
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Filing
325
ORDER: On June 14, 2021, the parties in this matter appeared before me for a status conference. At that time, counsel for Third Party Defendant Petrowarao S.A. made an oral application to unseal the documents filed at ECF Nos. 111, 112, and 114. The Court granted that application. Accordingly, the Clerk of Court is respectfully directed to unseal the files and attachments at ECF Nos. 111, 112, and 114. (Signed by Magistrate Judge Sarah Netburn on 7/12/2021) (ras)
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Filing
314
ORDER: The Court modifies the schedule proposed by the parties as follows: The Stansell/Pescatore Plaintiffs shall file their joint motion for summary/declaratory judgment on their crossclaims no later than July 30, 2021, which shall be no more than 25 pages long...Intervenor Caballero shall file his reply in support of his motion to dismiss the Stansell/Pescatore Plaintiffs crossclaims by October 4, 2021, which shall be no more than 15 pages long, and as further set forth herein. (Signed by Magistrate Judge Sarah Netburn on 6/23/2021) (ras)
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Filing
302
ORDER: The status conference currently scheduled for Friday, June 11, 2021, at 3:00 p.m. is ADJOURNED to Monday, June 14, 2021, at 2:00 p.m. At that time, the parties shall call the Court's dedicated teleconference line at (877) 402-9757, and enter Access Code 7938632, followed by the pound (#) key. So Ordered (Telephone Conference set for 6/14/2021 at 02:00 PM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 6/10/2021) (js)
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Filing
265
MEMO ENDORSEMENT denying without prejudice to renewal 260 Motion to Dismiss; denying without prejudice to renewal 260 Motion to Transfer Case. ENDORSEMENT: Third-Party Defendant Antonio Caballero's motion to dismiss is DENIED without pre judice to renewal. The Court directs Mr. Caballero's attention to Individual Rule III.C.2, which requires a movant to file a premotion letter with the Court, in the manner provided in Individual Rule III.A.1, prior to filing a motion to dismiss. By May 13, 2021, Mr. Caballero shall file any pre-motion letter in anticipation of a motion to dismiss or to transfer the third-party complaint of Equiniti Trust Company ("Equiniti") (Dkt. No. 208) and by May 20, 2021, Equiniti shall file a responsive letter. The Clerk of Court is respectfully directed to close the motion at Docket No. 260.. (Signed by Judge Lorna G. Schofield on 5/6/2021) (cf)
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Filing
189
ORDER: It is hereby ORDERED that, by March 4, 2021, the parties shall file the joint letter pursuant to the Court's February 24, 2021, Order. It is further ORDERED that, the status conference scheduled for March 4, 2021, is ADJOURNED to March 18, 2021, at 10:40 a.m. The conference will be telephonic and will occur on the following conference line: 888-363-4749, access code: 5583333. The time of the conference is approximate, but the parties shall be prepared to begin at the scheduled time. (As further set forth in this Order.) ( Telephone Conference set for 3/18/2021 at 10:40 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 3/2/2021) (cf)
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Filing
184
ORDER: It is hereby ORDERED that counsel review and comply with the Court's Individual Rules and Procedures ("Individual Rules") (available at the Court's website, http://nysd.uscourts.gov/judge/Schofield). It is further ORDER ED that counsel for all parties shall virtually appear for a status conference with the Court at the date and time listed below. Any open legal issues can be addressed at the conference. It is further ORDERED that counsel for all parties file on E CF a joint letter with the Court no later than February 25, 2021. The parties shall append the most recent scheduling order, if any, to the status letter. March 4, 2021, at 10:40 a.m., to be held telephonically on the following conference line: 888-363-4749, access code: 5583333. The time of the conference is approximate, but the parties shall be prepared to begin at the scheduled time. (And as further set forth herein.) SO ORDERED. (Telephone Conference set for 3/4/2021 at 10:40 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 2/18/2021) (jca)
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Filing
182
ORDER: The Court will conduct a telephone status conference in this action on February 17, 2021 at 9:30 a.m. The parties should contact the Court at 1-888-363-4749 (Conference Code: 3768660) on the date and time specified above. So Ordered. (Status Conference set for 2/17/2021 at 09:30 AM before Judge Andrew L. Carter Jr. ) (Signed by Judge Andrew L. Carter, Jr on 2/16/2021) (js)
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Filing
181
ORDER: The Court is in receipt of the parties' joint status report submitted on February 10, 2021 advising the Court that there is no apparent or actual conflict of interest that would require... recus[al] from these proceedings." ECF No. 177. However, the parties have not addressed the effect of 28 U.S.C. § 455(b)(4) on whether recusal is necessary. The parties are hereby ordered to submit a joint status report by no later than February 16, 2021 regarding the parties posit ion(s) on the effect of 28 U.S.C. § 455(b)(4) and whether JPMorgan Chase Bank (or Bank of New York Mellon) is properly considered a party in either Stansell or Pescatore. The parties should also indicate whether JPMorgan Chase Bank (or Bank of New York Mellon) was properly served with any writs of execution in either case. So Ordered. (Signed by Judge Andrew L. Carter, Jr on 2/12/2021) (js)
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Filing
173
ORDER: On February 5, 2021 at 10:30 a.m., the Court conducted a status conference with the parties. In accordance with today's conference, the parties are hereby ordered to file a joint status report by no later than February 10, 2021 inclu ding the parties' position(s) on whether Judge Carter should recuse himself from this case and related Pescatore (18-mc-545) and Caballero (20-cv-11061) cases. The deadlines for all turnover motions filed by Plaintiffs, ECF Nos. 121, 138, 141, 143, 145, 147, and any interpleader petitions the parties may wish to file are stayed/ adjourned sine die. So Ordered (Signed by Judge Andrew L. Carter, Jr on 2/5/2021) (js)
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Filing
170
ORDER: The Court will conduct a telephone status conference in this action on February 5, 2021 at 10:30 a.m. The parties should contact the Court at 1-888-363-4749 (Conference Code: 3768660) on the date and time specified above. So Ordered. (Status Conference set for 2/5/2021 at 10:30 AM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 2/4/2021) (js)
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Filing
162
ORDER terminating 136 Motion for Judgment: The Court is in receipt of Mr. Caballero's letters dated January 14 and January 18, 2021, ECF Nos. 134, 140, and Plaintiffs' response dated January 20, 2021, ECF No. 153. The Court is also in re ceipt of Mr. Caballero's letter dated January 25, 2021. ECF No. 156. Upon review of the submissions, Mr. Caballero is hereby GRANTED leave to intervene to challenge existing writs sought by Plaintiffs in this Court as of the date of this Order. However, Mr. Caballero may not seek to intervene to challenge the writs sought by Plaintiffs as to Sumitomo Mitsui Banking Corporation ("SMBC") and Interactive Brokers, LLC. Mr. Caballero shall file a consolidated motion to intervene by no later than February 4, 2021. Plaintiffs shall file an opposition brief by no later than February 18, 2021. Mr. Caballero may file a response by no later than February 25, 2021. This replaces the schedule previously issued. ECF No. 129, and as further set forth in this order. The Clerk of Court is directed to terminate ECF No. 136. (Signed by Judge Andrew L. Carter, Jr on 1/27/2021) (jwh)
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Filing
129
ORDER: The Court is in receipt of the parties' pre-motion conference letters in connection with Antonio Caballero's motion to intervene. ECF Nos. 124, 126-27. Upon review of the submissions, Mr. Caballero' request for a pre-motion conf erence is DENIED. Mr. Caballero is hereby GRANTED leave to file a motion to intervene according to the following briefing schedule: Opening brief: January 28, 2021, Opposition brief: February 11, 2021, Reply brief: February 18, 2021 (Motions due by 1/28/2021. Responses due by 2/11/2021. Replies due by 2/18/2021.) (Signed by Judge Andrew L. Carter, Jr on 1/7/2021) (jwh)
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Filing
128
ORDER granting 115 LETTER MOTION to Seal. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 1/6/2021) (jca)
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Filing
113
ORDER granting 110 Letter Motion to Seal: SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 12/15/2020) (jwh)
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Filing
81
ORDER: The Court is in receipt of the Parties' Letters indicating how they would like to proceed in this case. ECF Nos. 6972, 7680. The Parties are hereby ORDERED to appear for a Telephone Conference on July 9, 2020 at 2:00 p.m. The Parties should contact the Court at (888) 363-4749 (access code: 3768660)., Telephone Conference set for 7/9/2020 at 02:00 PM before Judge Andrew L. Carter Jr. (Signed by Judge Andrew L. Carter, Jr on 6/9/2020) (rj)
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Filing
67
OPINION AND ORDER: re: 48 MOTION to Intervene filed by Samark Lopez Bello, 56 MOTION to Dismiss Writs of Attachment filed by Samark Lopez Bello. For the reasons set forth above, this case is STAYED pending a decision of the Southern District of Florida in the six turnover motions filed by Plaintiff. The Intervenor's pending motion to dismiss is DENIED without prejudice. Within fourteen days of decision in the SDFL resolving all six pending turnover motions, the Parties should submi t a joint status report indicating the impact of the decisions. As indicated in this Court's previous orders, Plaintiff's time for filing a turnover motion in this District will remained tolled until this Court rules otherwise. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 3/10/2020) (ama)
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Filing
64
ORDER: The Court is aware of potentially relevant opinions that were filed in the Southern District of Florida and the Eleventh Circuit after the Parties completed briefing on the Intervenors' motion to dismiss. See Stansell v. Revol utionary Armed Forces of Columbia, 2019 WL 5290922 (S.D. Fla. Sept. 26, 2019); Stansell v. Lopez Bello, 2020 WL 290423 (11th Cir. Jan. 21, 2020). The Parties are hereby ORDERED to respond, on or before February 7, 2020, indicating how, if at all, these decisions impact the pending motion to dismiss. (Signed by Judge Andrew L. Carter, Jr on 1/24/2020) (mro)
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