Bank of America, N.A. v. John Does 1 through 7 et al
| Bank of America, N.A. |
| John Does 1 through 7, VTB Bank (Europe) SE i.L. and VTB Bank PJSC Shanghai Branch |
| 1:2023cv03604 |
| April 28, 2023 |
| US District Court for the Southern District of New York |
| Paul G Gardephe |
| Other Statutory Actions |
| 28 U.S.C. § 1332 ia Diversity-Interpleader Action |
| None |
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Filing 37
NOTICE AND ORDER OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE OF CLAIMS RELATED TO VTB BANK PJSC SHANGHAI BRANCH: PLEASE TAKE NOTICE that pursuant to Federal Rules of Civil Procedure 41(a)(1)(A)(i) and 41(a)(2), and pursuant to the Western District of North Carolina's September 5, 2023 Order in John Does 1 Through 7 v. The Taliban, et. al., No. 3:20-mc-00206 (Dkt. No. 39) (attache hereto as Exhibit A), which vacated all writs of execution and other restraints related to property of VTB Bank PJSC Shanghai Branch ("VTB Shanghai"), Plaintiff-Garnishee Bank of America, N.A. ("BANA") hereby voluntarily dismisses without prejudice: (i) all claims in the above-captioned action against Defendant-Adverse Claimant VTB Bank PJSC Shanghai Branch ("VTB Shanghai"), and (ii) all claims against Defendants-Adverse Claimants John Does 1 Through 7 (the "Does") relating to the blocked account ending in No. *4161, which contains the blocked proceeds of the account ending in No. *0294 that BANA holds in the name of VTB Shanghai. For the avoidance of doubt, this partial dismissal shall have no effect on (i) all of BANA's claims for interpleader relief against Defendant-Adverse Claimant VTB Bank (Europe) SE i.L. ("VTB Europe") or (ii) BANA's claims for interpleader relief against the Does relating to the blocked account ending in No. *4158, which contains the blocked proceeds of the account ending in No. *6801 that BANA holds in the name of VTB Europe. SO ORDERED. VTB Bank PJSC Shanghai Branch terminated. (Signed by Judge Paul G. Gardephe on 9/15/2023) (ate)
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| Filing 36 PROPOSED ORDER. Document filed by Bank of America, N.A.. (Attachments: #1 Exhibit A - September 5, 2023 Order Vacating VTB Shanghai Writ).(Cagney, Craig) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 35 LETTER addressed to Judge Paul G. Gardephe from Craig T. Cagney dated September 8, 2023 re: Providing an Update on the Western District of North Carolina Litigation. Document filed by Bank of America, N.A...(Cagney, Craig) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #36 Proposed Order was reviewed and approved as to form. (tp) |
| Filing 34 JOINT LETTER addressed to Judge Paul G. Gardephe from Craig T. Cagney dated September 5, 2023 re: Status Update. Document filed by Bank of America, N.A...(Cagney, Craig) |
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Filing 33
MEMO ENDORSEMENT on re: #26 Letter, filed by John Does 1 through 7 ENDORSEMENT The parties are instructed to file a joint letter with the Court every 30 days regarding the status of the litigation in the Western District of North Carolina. SO ORDERED. (Signed by Judge Paul G. Gardephe on 8/3/2023) (jca)
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| Filing 32 LETTER addressed to Judge Paul G. Gardephe from Craig T. Cagney dated July 27, 2023 re: Response to Pre-Motion Letters filed by John Does 1 through 7 [Dkt. 26] and VTB Bank Europe S.E. i.L. [Dkt. 29]. Document filed by Bank of America, N.A...(Cagney, Craig) |
| Filing 31 LETTER addressed to Judge Paul G. Gardephe from John A. Thornton dated July 27, 2023 re: Response to the Pre-Motion Letter filed by VTB Bank (Europe) SE DE 29. Document filed by John Does 1 through 7..(Thornton, John) |
| Filing 30 LETTER addressed to Judge Paul G. Gardephe from Brian D. Frey dated July 27, 2023 re: Response to the Pre-Motion Letter filed by John Does 1 through 7 (ECF No. 26). Document filed by VTB Bank (Europe) SE i.L...(Frey, Brian) |
| Filing 29 LETTER MOTION for Conference on Anticipated Motion for Judgment on the Pleadings addressed to Judge Paul G. Gardephe from Brian D. Frey dated July 21, 2023. Document filed by VTB Bank (Europe) SE i.L...(Frey, Brian) |
| Filing 28 ***SELECTED PARTIES***NOTICE of Filing redacted exhibits A and B re: #26 Letter, #27 LETTER MOTION to Seal / Redact Exhibits A and B re: DE 26 addressed to Judge Paul G. Gardephe from John A. Thornton dated July 21, 2023.. Document filed by John Does 1 through 7, Bank of America, N.A.. (Attachments: #1 Exhibit B)Motion or Order to File Under Seal: #27 .(Thornton, John) |
| Filing 27 LETTER MOTION to Seal / Redact Exhibits A and B re: DE 26 addressed to Judge Paul G. Gardephe from John A. Thornton dated July 21, 2023. Document filed by John Does 1 through 7..(Thornton, John) |
| Filing 26 LETTER addressed to Judge Paul G. Gardephe from John A. Thornton dated July 21, 2023 re: Pre-motion letter in accordance with Rule IV.A. pursuant to DE 25. Document filed by John Does 1 through 7. (Attachments: #1 Exhibit A - Redacted, #2 Exhibit B - Redacted, #3 Exhibit Composite C).(Thornton, John) |
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Filing 25
ORDER terminating #24 Letter Motion for Conference re: #24 LETTER MOTION for Conference Scheduled for July 20, 2023 to be Held Telephonically or via Video Conference addressed to Judge Paul G. Gardephe from Craig T. Cagney dated July 14, 2023. The conference is adjourned sine die. In accordance with Rule IV.A. of this Court's individual rules, the parties will submit pre-motion letters outlining the bases of their proposed motion (see Dkt. No. 23 at 5) by July 21, 2023. Opposition letters will be due by July 27, 2023. SO ORDERED. (Signed by Judge Paul G. Gardephe on 7/17/2023) (ks)
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| Filing 24 LETTER MOTION for Conference Scheduled for July 20, 2023 to be Held Telephonically or via Video Conference addressed to Judge Paul G. Gardephe from Craig T. Cagney dated July 14, 2023. Document filed by Bank of America, N.A...(Cagney, Craig) |
| Filing 23 JOINT LETTER addressed to Judge Paul G. Gardephe from Craig T. Cagney, John Thornton, and Alicia Badley dated July 13, 2023 re: Initial Pretrial Conference Scheduled for July 20, 2023. Document filed by Bank of America, N.A.. (Attachments: #1 Text of Proposed Order - [Proposed] Civil Case Management Plan and Scheduling Order).(Cagney, Craig) |
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Filing 22
ORDER granting #21 Motion for Brian D. Frey to Appear Pro Hac Vice. (Signed by Judge Paul G. Gardephe on 7/10/2023) (ate)
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| Filing 21 MOTION for Brian D. Frey to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by VTB Bank (Europe) SE i.L.. (Attachments: #1 Affidavit of Brian D. Frey in Support, #2 Exhibit A) Certificate of Good Standing from the District of Columbia, #3 Exhibit B) Certificate of Good Standing from the State of Marylnd, #4 Text of Proposed Order For Pro Hac Vice Admission).(Frey, Brian) Modified on 7/5/2023 (dsh). Modified on 7/5/2023 (dsh). |
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Filing 20
ORDER FOR ADMISSION PRO HAC VICE OF JASON M. WAITE granting #19 Motion for Jason M. Waite to Appear Pro Hac Vice. (Signed by Judge Paul G. Gardephe on 7/5/2023) (tro)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #21 MOTION for Brian D. Frey 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. (dsh) |
| Pro Hac Vice Fee Paid electronically via Pay.gov: for #21 MOTION for Brian D. Frey to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00. Pay.gov receipt number ANYSDC-27959941, paid on 2023-07-05..(dsh) |
| Filing 19 MOTION for Jason M. Waite to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27950105. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by VTB Bank (Europe) SE i.L.. (Attachments: #1 Affidavit of Jason M. Waite, #2 Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order [Proposed] Order).(Waite, Jason) |
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Filing 18
STIPULATION FOR ENLARGEMENT OF TIME TO RESPOND TO COMPLAINT: NOW, THEREFORE, BANA, Does, and VTBE, by and through their undersigned attorneys, hereby stipulate as follows: Does' deadline to respond to the Complaint shall be extended to August 1, 2023. VTBE's deadline to respond to the Complaint shall be extended to August 4, 2023. SO ORDERED., John Does 1 through 7 answer due 8/1/2023; VTB Bank (Europe) SE i.L. answer due 8/4/2023; VTB Bank PJSC Shanghai Branch answer due 8/4/2023. (Signed by Judge Paul G. Gardephe on 6/30/2023) (ama)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #19 MOTION for Jason M. Waite to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27950105. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
| Filing 17 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent VTB Bank PSJC, Russia for VTB Bank (Europe) SE i.L.. Document filed by VTB Bank (Europe) SE i.L...(Badley, Alicia) |
| Filing 16 PROPOSED STIPULATION AND ORDER. Document filed by Bank of America, N.A...(Cagney, Craig) |
| Filing 15 NOTICE OF APPEARANCE by Alicia Ann Badley on behalf of VTB Bank (Europe) SE i.L...(Badley, Alicia) |
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Filing 14
ORDER FOR ADMISSION PRO HAC VICE granting #13 Motion for John A. Thornton to Appear Pro Hac Vice. (Signed by Judge Paul G. Gardephe on 6/27/2023) (ks)
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| Filing 13 MOTION for John A. Thornton to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27913718. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by John Does 1 through 7. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Exhibit Declaration of John Thornton, #3 Text of Proposed Order Proposed Order).(Thornton, John) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #13 MOTION for John A. Thornton to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27913718. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (dsh) |
| Filing 12 WAIVER OF SERVICE RETURNED EXECUTED. John Does 1 through 7 waiver sent on 5/1/2023, answer due 6/30/2023. Document filed by Bank of America, N.A...(Cagney, Craig) |
| Filing 11 WAIVER OF SERVICE RETURNED EXECUTED. VTB Bank (Europe) SE i.L. waiver sent on 5/2/2023, answer due 7/3/2023. Document filed by Bank of America, N.A...(Cagney, Craig) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to VTB Bank (Europe) SE i.L., VTB Bank PJSC Shanghai Branch. (vf) |
| Filing 9 CERTIFICATE OF SERVICE of Notice of Pretrial Conference and Individual Rules of Practice of Judge Paul G. Gardephe served on VTB Bank (Europe) SE i.L., VTB Bank PJSC Shanghai Branch, and John Does 1 Through 7 on 05/02/2023. Service was made by Mail. Document filed by Bank of America, N.A...(Cagney, Craig) |
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Filing 8
NOTICE OF PRETRIAL CONFERENCE: Initial Conference set for 7/20/2023 at 11:30 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe. SO ORDERED. (Signed by Judge Paul G. Gardephe on 5/1/2023) (ks)
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| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to VTB Bank (Europe) SE i.L., VTB Bank PJSC Shanghai Branch, re: #1 Complaint,. Document filed by Bank of America, N.A...(Cagney, Craig) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Craig Thomas Cagney to RE-FILE Document No. 3. The filing is deficient for the following reason(s): The Request for Issuance of Summons cannot be issued for the party requested because it does not identify the party subject to service. Pursuant to FRCP Rule 4(a)(1)(A) and FRCP Rule 4(a)(1)(B) : a summons must name the parties and be directed to the defendant. Once the party has been identified, the filing party may request a summons at that time.. Re-file the document for only the known named defendants by using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (gp) |
| Magistrate Judge Valerie Figueredo 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. (gp) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul G. Gardephe. 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..(gp) |
| Case Designated ECF. (gp) |
| Filing 6 NOTICE OF APPEARANCE by Michael S. Flynn on behalf of Bank of America, N.A...(Flynn, Michael) |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Bank of America Corporation, Other Affiliate BAC North America Holding Company, Other Affiliate Berkshire Hathaway Inc., 3555 Farnam Street, Omaha, Nebraska 68131, Other Affiliate NB Holdings Corporation for Bank of America, N.A.. Document filed by Bank of America, N.A...(Cagney, Craig) |
| Filing 4 NOTICE OF APPEARANCE by Craig Thomas Cagney on behalf of Bank of America, N.A...(Cagney, Craig) |
| Filing 3 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to John Does 1 Through 7, VTB Bank (Europe) SE i.L., VTB Bank PJSC Shanghai Branch, re: #1 Complaint,. Document filed by Bank of America, N.A...(Cagney, Craig) Modified on 5/1/2023 (gp). |
| Filing 2 CIVIL COVER SHEET filed..(Cagney, Craig) |
| Filing 1 COMPLAINT against John Does 1 through 7, VTB Bank (Europe) SE i.L., VTB Bank PJSC Shanghai Branch. (Filing Fee $ 402.00, Receipt Number BNYSDC-27674956)Document filed by Bank of America, N.A.. (Attachments: #1 Exhibit A - WDNC Turnover Motion).(Cagney, Craig) |
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