Bank Leumi USA v. Trade Finance Trust et al
| Girobank International, N.V., Alexander Lawson, Girobank, N.V., TriLinc Global Impact Fund - Trade Finance, Ltd., Bank Leumi USA, TriLinc Global Impact Fund, LLC, IIG Trade Finance, LLC, Christopher Kennedy, IIG Bank (Malta) Ltd., Trade Finance Trust and Valerie P Maria |
| 1:2021cv02890 |
| April 5, 2021 |
| US District Court for the Southern District of New York |
| Lewis A Kaplan |
| Other Statutory Actions |
| 28 U.S.C. § 1335 |
| None |
Docket Report
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This docket was last retrieved on May 26, 2021. A more recent docket listing may be available from PACER.
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Filing 29
ORDER AUTHORIZING INTERPLEADER DISBURSEMENT OF REDENCAO FUNDS FROM THE DISPUTED OWNERSHIP FUND IN THE COURT REGISTRY INVESTMENT SYSTEM TO IIG BANK (MALTA) LTD.: It is hereby ORDERED that: 1. The Motion [Dkt. 26] is granted as set forth herein. 2. Interpleader funds in the amount of $333,734.31 were previously ordered deposited into the Disputed Ownership Fund in the Court Registry Investment System ("CRIS") by Order dated April 15, 2021. Those funds, plus any accrued interest, in the Disputed Ownership Fund in CRIS in this action shall be withdrawn and disbursed as follows: a. The Clerk of Court shall deduct from the investment the authorized fee from the earned income, as authorized by the Judicial Conference and set by the Director of the Administrative Office. $333,734.31 plus any accrued interest thereon of the remaining funds on deposit in the Disputed Ownership Fund in CRIS shall be disbursed to Malta Bank via check. Such check shall be made to the order of Malta Bank and sent to the following address; as further set forth herein. 3. Malta Bank is hereby authorized to direct Redencao, any lender of record, any lender of record under the Redencao Loan Documents, or any of its or their respective agent(s) or any lender's agent(s) to make future payments under the Redencao Loan Documents to a new account that Malta Bank shall specify., Motions terminated: #27 MOTION for Disbursement of Funds Motion of IIG Bank (Malta) Ltd. For Interpleader Disbursement of Redencao Funds From the Disputed Ownership Fund in the Court Registry Investment System. filed by IIG Bank (Malta) Ltd.. (Signed by Judge Lewis A. Kaplan on 5/26/2021) (nb) Transmission to Finance Unit (Cashiers) for processing.
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| Filing 28 NOTICE of Motion re: #27 MOTION for Disbursement of Funds Motion of IIG Bank (Malta) Ltd. For Interpleader Disbursement of Redencao Funds From the Disputed Ownership Fund in the Court Registry Investment System.. Document filed by IIG Bank (Malta) Ltd...(Riela, Michael) |
| Filing 27 MOTION for Disbursement of Funds Motion of IIG Bank (Malta) Ltd. For Interpleader Disbursement of Redencao Funds From the Disputed Ownership Fund in the Court Registry Investment System. Document filed by IIG Bank (Malta) Ltd.. (Attachments: #1 Text of Proposed Order Proposed Order).(Riela, Michael) |
| Minute Entry for proceedings held before Judge Lewis A. Kaplan: Telephone Conference held on 5/21/2021. (Court Reporter Kristen Carranante) (Mohan, Andrew) |
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Filing 26
ORDER AUTHORIZING INTERPLEADER DISBURSEMENT (28 U.S.C. 1335): THIS MATTER, having been brought before the Court by Shennan Atlas Sylvester & Stamelrnan LLP, attorneys for Interpleader-Plaintiff Bank Leumi USA ("Bank Leumi" or the "Bank"), and the Court having issued an Order, dated April 15, 2021 (Doc. No. 18), ordering Bank Leumi to deposit into the Disputed Ownership Fund in the Court Registry Investment System the balances four accounts held at the Bank, which totaled $446,872.13, and awarding the Bank its fees and costs in this matter in an amount not exceeding $10,000, and permitting Bank Leumi to submit an application for same, it is hereby ORDERED that Bank Leumi's application for its fees and costs to be disbursed from the interpleaded funds is GRANTED as follows: 1. Bank Leumi shall be entitled to recover its attorneys' fees and costs from the funds deposited in the Disputed Ownership Fund in the Court Registry Investment System in connection with this matter in the amount of Ten Thousand Dollars and No Cents($ 10,000.00); and 2. The Clerk of Court is hereby authorized and directed to issue a check from the funds deposited in the Disputed Ownership Fund in connection with this litigation in the amount of Ten Thousand Dollars and No Cents ($10,000.00), made payable to "Sherman Atlas Sylvester & Stamelman LLP Attorney Trust Account". 3. The Clerk of Court shall send the check by U.S. mail to: Jordan D. Weinreich, Esq. Sherman Atlas Sylvester & Stamelman LLP 210 Park A venue, 2nd Floor Florham Park, New Jersey 07932., Motions terminated: #21 MOTION for Attorney Fees and Interpleader Disbursement. Motion for Interpleader Disbursement (28 U.S.C. Section 1335) . filed by Bank Leumi USA. (Signed by Judge Lewis A. Kaplan on 5/14/2021) (nb) Transmission to Finance Unit (Cashiers) for processing.
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| ***NOTICE TO COURT REGARDING PROPOSED ORDER AUTHORIZING INTERPLEADER DISBURSEMENT (28 U.S.C. Section 1335). Document No. #25 Proposed Order for Withdrawal of Funds From Interest Bearing Account was reviewed and approved as to form. (cde) |
| Filing 25 PROPOSED ORDER FOR WITHDRAWAL OF FUNDS FROM INTEREST BEARING ACCOUNT. Document filed by Bank Leumi USA. Related Document Number: #21 ..(Weinreich, Jordan) Proposed Order to be reviewed by Clerk's Office staff. |
| Interpleader Deposit Received (28 U.S.C. Section 1335) Re: #18 Order, in the amount of $466,872.13. (cde) |
| Telephone Conference re-scheduled for 5/21/2021 at 11:30 AM before Judge Lewis A. Kaplan. Parties, counsel, and observers should call 1-888-363-4749 and enter conference code 7664205# to join. (Mohan, Andrew) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ORDER AUTHORIZING INTERPLEADER DISBURSEMENT (28 U.S.C. Section 1335). Notice to attorney Jordan Derek Weinreich to RE-FILE Document No. #24 Proposed Order Authorizing Interpleader Disbursement (28 U.S.C. Section 1335). The filing is deficient for the following reason(s): No funds have deposited with the court at this time. Please wait until after the initial deposit of funds is made to resubmit your request. Re-file the document using the event type Proposed Order for Withdrawal of Funds from Interest Bearing Account found under the event list Proposed Orders. - select the correct filer/filers - attach the correct signed (scanned signature image) and dated PDF. (cde) |
| Filing 24 PROPOSED ORDER AUTHORIZING INTERPLEADER DISBURSEMENT (28 U.S.C. 1335). Document filed by Bank Leumi USA. Related Document Number: #21 ..(Weinreich, Jordan) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 23 DECLARATION of Jordan D. Weinreich, Esq. in Support re: #21 MOTION for Attorney Fees and Interpleader Disbursement. Motion for Interpleader Disbursement (28 U.S.C. Section 1335) .. Document filed by Bank Leumi USA. (Attachments: #1 Exhibit A - Detail of legal services).(Weinreich, Jordan) |
| Filing 22 MEMORANDUM OF LAW in Support re: #21 MOTION for Attorney Fees and Interpleader Disbursement. Motion for Interpleader Disbursement (28 U.S.C. Section 1335) . . Document filed by Bank Leumi USA..(Weinreich, Jordan) |
| Filing 21 MOTION for Attorney Fees and Interpleader Disbursement.( Return Date set for 5/19/2021 at 10:00 AM.), Motion for Interpleader Disbursement (28 U.S.C. Section 1335) . Document filed by Bank Leumi USA..(Weinreich, Jordan) |
| Filing 20 DECLARATION of Jordan D. Weinreich, Esq. re: #18 Order,,,,,,,,,,,, . Document filed by Bank Leumi USA. (Attachments: #1 Exhibit A - 4/22/2021 letter to Cashier).(Weinreich, Jordan) |
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Filing 19
ORDER RE SCHEDULING AND INITIAL PRETRIAL CONFERENCE: This action having been assigned to me for all purposes, it is hereby, ORDERED as follows: Counsel receiving this order shall promptly mail copies hereof to all other counsel of record or, in the case of parties for which no appearance has been made, to such parties. Counsel for all parties are directed to confer regarding an agreed scheduling order. If counsel are able to agree on a schedule and the agreed schedule calls for filing of the pretrial order not more than six (6) months from the date of this order, counsel shall sign and file within twenty-one (21) days from the date hereof a consent order in the form annexed for consideration by the Court. If such a consent order is not filed within the time provided, a teleconference will be held on 5/20/2021 at 11:00 AM. The teleconference can be reached by calling 888-363-4749 and using access code 7664205#, and as further set forth in this Order. (Initial Conference set for 5/20/2021 at 11:00 AM before Judge Lewis A. Kaplan.) (Signed by Judge Lewis A. Kaplan on 4/22/2021) (rjm)
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Filing 18
ORDER re: #7 Proposed Order for Deposit of Funds Into Court Registry filed by Bank Leumi USA it is hereby ORDERED that Bank Leumi's requests for relief are GRANTED as follows: 1. Bank Leumi shall deposit the entirety of the funds maintained in Account No. xxxxxx5800, titled in the name of the "Trade Finance Trust - Redencao" (the TFT Redencao Account"), minus any applicable charges, withholdings, costs and/or fees, as set forth in Paragraph 6 herein, in the Disputed Ownership Fund in the Court Registry Investment System; 2. Bank Leumi shall deposit the entirety of the funds maintained in Account No. xxxxxx420l, titled in the name of the "Trade Finance Trust -Nader Company S.A." (the "TFTNader Account"), minus any applicable charges, withholdings, costs and/or fees, as set forth in Paragraph 6 herein, in the Disputed Ownership Fund in the Court Registry lnvestment System; 3. Bank Leumi shall deposit the enti rety of the funds maintained in Account No. xxxxxx2801, titled in the name of the "Trade Finance Trust- Chakana LLC" (the 'TFT-Chakana Account"), minus any applicable charges, withholdings, costs and/or fees, as set forth in Paragraph 6 herein, in the Disputed Ownership Fund in the Court Registry Investment System; 4. Bank Leumi shall deposit the entirety of the funds maintained in Account No. xxxxxx4 l 00, titled in the name of the "Trade Finance Trust - Settlement Account" (the "TFTSettlement Account"), minus any applicable charges, withholdings, costs and/or fees, as set forth in Paragraph 6 herein, in the Disputed Ownership Fund in the Court Registry Investment System; 5. Upon depositing the entirety of the funds maintained in the TFT-Redencao Account, the TIT-Nader Account, the TFT-Chakana Account and the TFT-Settlement Account in accordance with Paragraphs 1-4 hereof, and the filing by Bank Leumi of a declaration stating that it has made such deposits: (a) Bank Leumi shall be dismissed from this Action with prejudice; (b) Defendants, as well as any other persons or entities that may assert any claims against Bank Leumi, shall be enjoined and restrained from commencing or prosecuting any other action or proceeding against Bank Leumi relating in any way to the TFr Redencao Account, the TFT-Nader Account, the TFT-Chak:ana Account and/or the TFT-Settlement Account; (c) Bank Leumi shall be discharged from all liabilities to Defendants, as well as any other persons or entities that may assert any claims against Bank Leumi, relating to the TFT-Redencao Account, the TFT-Nader Account, the TFT-Chakana Account and the TFT-Settlement Account; (d) Bank Leumi shall be entitled to recover from the funds thus deposited its reasonable attorney's fees and cost incurred by bringing and prosecuting this Action to the date of this Order, all is set forth on the record of the agreement this day. (e) The Clerk shall terminate Dkt. 8. (Signed by Judge Lewis A. Kaplan on 4/15/2021) (kv)
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| Minute Entry for proceedings held before Judge Lewis A. Kaplan: Oral Argument held via video-conference on 4/15/2021 re: #5 Proposed Order to Show Cause Without Emergency Relief filed by Bank Leumi USA. Motion granted. Written order to follow. (Court Reporter Sonya Ketter Moore) (Mohan, Andrew) |
| Filing 17 DECLARATION of Jordan D. Weinreich, Esq. in Support re: #1 Complaint,. Document filed by Bank Leumi USA. (Attachments: #1 Exhibit A - Order on Liquidator's assignment, #2 Exhibit B - Ch 15 attorney list).(Weinreich, Jordan) |
| Filing 16 REPLY re: #1 Complaint, . Document filed by Bank Leumi USA..(Weinreich, Jordan) |
| Filing 15 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent IIG Malta Ltd. for IIG Bank (Malta) Ltd.. Document filed by IIG Bank (Malta) Ltd...(Riela, Michael) |
| Filing 14 NOTICE OF APPEARANCE by John A Pintarelli on behalf of Christopher Kennedy, Alexander Lawson..(Pintarelli, John) |
| Filing 13 NOTICE OF APPEARANCE by Michael John Riela on behalf of IIG Bank (Malta) Ltd...(Riela, Michael) |
| Filing 12 RESPONSE TO ORDER TO SHOW CAUSE re: #8 Order to Show Cause,,,,. Document filed by IIG Bank (Malta) Ltd...(Riela, Michael) |
| Filing 11 NOTICE OF APPEARANCE by Andrew R Kissner on behalf of TriLinc Global Impact Fund - Trade Finance, Ltd., TriLinc Global Impact Fund, LLC..(Kissner, Andrew) |
| Filing 10 NOTICE OF APPEARANCE by Michael Gerard Ahern on behalf of TriLinc Global Impact Fund - Trade Finance, Ltd., TriLinc Global Impact Fund, LLC..(Ahern, Michael) |
| Filing 9 NOTICE OF APPEARANCE by Joel Charles Haims on behalf of TriLinc Global Impact Fund - Trade Finance, Ltd., TriLinc Global Impact Fund, LLC..(Haims, Joel) |
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Filing 8
ORDER TO SHOW CAUSE: ORDERED, that the above named Defendants and show cause on April 15, 2021 at 3:00 before the Honorable Lewis A. Kaplan U.S.D.J. of the United States District Court for the Southern District of New York, why an Order should not be entered pursuant to 28 U.S.C. 1335 and/or Rule 22 of the Federal Rules of Civil Procedure in favor of Bank Leumi. ORDERED that service of this Order and the Verified Complaint, together with any and all other supporting papers, shall be served on Defendants by email within two days of the date hereof; and it is further ORDERED that papers in response to this application, if any, by Defendants shall be electronically with this Court no later than 5:00 p.m. on of April 12, 2021, and that Bank Leumi's reply papers, if any, shall filed no later than 5:00p.m. on April 14, 2021 and it is further ORDERED, that the motion will be heard via video conference and the parties arrange the conference with the Deputy Clerk, Mr. Mohan, no later than April 12, 2021. (And as further set forth herein.) SO ORDERED. Show Cause Hearing set for 4/15/2021 at 03:00 PM before Judge Lewis A. Kaplan. Show Cause Response due by 4/12/2021. (Signed by Judge Lewis A. Kaplan on 4/7/2021) (jca)
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| Set/Reset Deadlines: (Replies due by 4/14/2021.), Set/Reset Hearings: (Video-Conference set for 4/15/2021 at 03:00 PM before Judge Lewis A. Kaplan. Counsel have been sent video-conference invites.) Observers can call in for audio only at +1 917-933-2166, and use Conference Code: 528285039# (jca) Modified on 4/8/2021 (Mohan, Andrew). |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER AUTHORIZING INTERPLEADER DEPOSIT (28 U.S.C. Section 1335). Document No. #7 Proposed Order for Deposit of Funds Into Court Registry was reviewed and approved as to form. (cde) |
| Filing 7 PROPOSED ORDER FOR DEPOSIT OF FUNDS INTO COURT REGISTRY. Document filed by Bank Leumi USA. Related Document Number: #5 ..(Weinreich, Jordan) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 6 DECLARATION of Jordan D. Weinreich, Esq. in Support re: #5 Proposed Order to Show Cause Without Emergency Relief. Document filed by Bank Leumi USA. (Attachments: #1 Exhibit A).(Weinreich, Jordan) |
| Filing 5 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Bank Leumi USA. Related Document Number: #1 ..(Weinreich, Jordan) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 4 CIVIL COVER SHEET filed..(Weinreich, Jordan) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis A. Kaplan. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jordan Derek Weinreich. The party information for the following party/parties has been modified: Trade Finance Trust; IIG Trade Finance, LLC; Christopher Kennedy; Alexander Lawson. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (jgo) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Jordan Derek Weinreich. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jordan Derek Weinreich re: Document No. #1 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; add party Valerie P. Maria with party text 'in her capacity as the foreign representative of IIG Trade Opportunities Fund Ltd.'. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (jgo) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #5 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (dt) |
| Magistrate Judge Gabriel W. Gorenstein is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo) |
| Case Designated ECF. (jgo) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Jordan Weinreich to RE-FILE Document #2 Proposed Order to Show Cause Without Emergency Relief. ERROR(S): Documents have to be filed separately. First Re-file the Order to Show Cause, then separately file the Declaration using the event type Declaration in Support of a Non-Motion found under the event list Other Answers, then separately file the Order using the event type Proposed Order for Deposit of Funds in Interest Bearing Account found under the event list Proposed Orders. (dt) |
| ADD PARTY FOR PLEADING. Defendants/Respondents Girobank International, N.V., Girobank, N.V., IIG Bank (Malta) Ltd., IIG Trade Finance, LLC, Christopher Kennedy, Alexander Lawson, Trade Finance Trust, TriLinc Global Impact Fund - Trade Finance, Ltd., TriLinc Global Impact Fund, LLC, Valerie P Maria added. Party added pursuant to #1 Complaint,.Document filed by Bank Leumi USA. Related document: #1 Complaint,..(Weinreich, Jordan) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Bank Leumi Le-Israel B.M., Corporate Parent Bank Leumi Le-Israel Corp. for Bank Leumi USA. Document filed by Bank Leumi USA..(Weinreich, Jordan) |
| Filing 2 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Bank Leumi USA. (Attachments: #1 Affidavit Declaration of Jordan D. Weinreich, Esq., #2 Exhibit Exhibit A, #3 Text of Proposed Order Proposed Order) Related Document Number: #1 ..(Weinreich, Jordan) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. Modified on 4/6/2021 (dt). |
| Filing 1 COMPLAINT against Girobank International, N.V., Girobank, N.V., IIG Bank (Malta) Ltd., IIG Trade Finance, LLC, Christopher Kennedy, Alexander Lawson, Trade Finance Trust, TriLinc Global Impact Fund - Trade Finance, Ltd., TriLinc Global Impact Fund, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-24352614)Document filed by Bank Leumi USA. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D).(Weinreich, Jordan) |
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