Case docket: Hegna et al v. Islamic Republic of Iran et al

Case details

Court:	nysd
Docket #:	1:11-cv-03761
Case Name:	Hegna et al v. Islamic Republic of Iran et al
PACER case #:	380055
Date filed:	2011-06-02
Assigned to:	Judge Katherine B. Forrest
Case Cause:	18:981 Civil Forfeiture
Nature of Suit:	290 Real Property: Other
Jury Demand:	None
Jurisdiction:	Diversity

Parties

Represented Party	Attorney & Contact Info
Edwena R. Hegna Plaintiff Executrix of the Estate of Charles Hegna, Late of Sterling, Virginia, Individually and Executrix of the Estate of Paul B. Hegna	Ralph Paul Dupont The Dupont Law Firm, LLP 1177 High Ridge Road Stamford, CT 06905 (203) 321-2176 Fax: (203) 321-1275 Email: radlaw1@att.net LEAD ATTORNEY Steven Leigh Kessler Law Offices of Steven L. Kessler 100 Park Avenue, 34th Floor New York, NY 10017 212 661 1500 Fax: 212 297 0777 Email: stevenkessler@msn.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Steven A. Hegna Plaintiff	Ralph Paul Dupont (See above for address) LEAD ATTORNEY Steven Leigh Kessler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Craig M. Hegna Plaintiff	Ralph Paul Dupont (See above for address) LEAD ATTORNEY Steven Leigh Kessler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lynn Marie Hegna Moore Plaintiff	Ralph Paul Dupont (See above for address) LEAD ATTORNEY Steven Leigh Kessler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Paul B. Hegna Plaintiff TERMINATED: 02/11/2015	Ralph Paul Dupont (See above for address) LEAD ATTORNEY Steven Leigh Kessler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Islamic Republic of Iran Defendant
The Iranian Ministry of Information and Security Defendant
Assa Garnishee	Deborah Beth Koplovitz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Peter I Livingston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Bension Daniel De Funis (See above for address) TERMINATED: 02/08/2017 Donald F. Luke (See above for address) ATTORNEY TO BE NOTICED
Assa Garnishee	Deborah Beth Koplovitz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Peter I Livingston (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Bension Daniel De Funis (See above for address) ATTORNEY TO BE NOTICED Donald F. Luke (See above for address) ATTORNEY TO BE NOTICED
Deborah D. Peterson, et al. Interested Party	Daniel I. Goldberg Salon Marrow Dyckman Newman BroudyLLP 292 Madison Ave, 6th floor New York, NY 10017 (212) 661 7100 Fax: (212)661 3339 Email: dgoldberg@salonmarrow.com ATTORNEY TO BE NOTICED
650 Fifth Avenue Company Appellant	Daniel Seth Ruzumna Patterson, Belknap, Webb & Tyler LLP 1133 Avenue of the Americas New York, NY 10036 (212)336-2000 Fax: (212)336-1205 Email: druzumna@pbwt.com ATTORNEY TO BE NOTICED
Alavi Foundation Appellant	Daniel Seth Ruzumna (See above for address) ATTORNEY TO BE NOTICED

Documents

Date Filed	Document #	Attachment #	Short Description	Long Description	Upload date	SHA1 hash
2011-06-02	1	0		ORDER. The above-captioned proceeding should be designated as related to In re: 650 Fifth Avenue and Related Properties, 08cv10934, and consolidated with that action. SO ORDERED. (Signed by Judge Richard J. Holwell on 5/24/2011) (ama) (Entered: 06/03/2011)
2011-06-23	2	0		NOTICE OF CASE ASSIGNMENT to Judge Richard J. Holwell. Judge Unassigned is no longer assigned to the case. (pgu) (Entered: 06/23/2011)
2011-08-04	3	0		NOTICE OF APPEARANCE by Daniel I. Goldberg on behalf of Deborah D. Peterson, et al. (Goldberg, Daniel) (Entered: 08/04/2011)
2011-10-17	5	0		NOTICE OF APPEARANCE by Peter I Livingston on behalf of Assa (Livingston, Peter) (Entered: 10/17/2011)
2011-10-17	6	0		NOTICE OF APPEARANCE by Deborah Beth Koplovitz on behalf of Assa (Koplovitz, Deborah) (Entered: 10/17/2011)
2012-02-06	7	0		NOTICE OF APPEARANCE by Donald F. Luke on behalf of Assa (Luke, Donald) (Entered: 02/06/2012)
2012-02-06	8	0		NOTICE OF APPEARANCE by Bension Daniel DeFunis on behalf of Assa (DeFunis, Bension) (Entered: 02/06/2012)
2012-02-08	9	0		NOTICE OF CASE REASSIGNMENT to Judge Katherine B. Forrest. Judge Richard J. Holwell is no longer assigned to the case. (sjo) (Entered: 02/08/2012)
2012-08-30	10	0		ORDER: Having reviewed the Government's letter dated 8/24/2012, the Court orders as follows: 1. The time frame of up to 12 months for document review will not work. 2. The parties are directed to confer immediately on the custodians and ESI that have resulted in 200,000 pages and attempt to limit the number of custodians and/or limit keyword search terms in an effort to decrease the overall volume. 3. The parties shall report to the Court on the results of such efforts and whether the review schedule can be sped up by September 12, 2012. (Signed by Judge Katherine B. Forrest on 8/30/2012) (ama) (Entered: 08/30/2012)
2012-09-10	11	0		SCHEDULING ORDER: As stated at the status conference of September 7, 2012, it is hereby ORDERED: Motions due by 4/1/2013. Responses due by 5/1/2013 Replies due by 5/15/2013. Fact Discovery due by 3/29/2013. Expert Discovery due by 4/30/2013. Discovery due by 1/31/2013. Status Conference set for 11/9/2012 at 03:00 PM before Judge Katherine B. Forrest. Ready for Trial by 6/3/2013. SO ORDERED. (Signed by Judge Katherine B. Forrest on 9/10/2012) (ama) (Entered: 09/10/2012)
2012-10-12	12	0		SCHEDULING ORDER: In light of the Government's responses to this Court's Order of September 10, 2012, and its representation that it is producing documents on a rolling basis, the schedule in these actions is hereby modified as follows: As set forth in this Order. SO ORDERED. Motions due by 5/1/2013. Responses due by 5/20/2013 Replies due by 5/27/2013. Fact Discovery due by 5/1/2013. Expert Discovery due by 5/1/2013. Status Conference set for 11/9/2012 at 03:00 PM before Judge Katherine B. Forrest. Pretrial Order due by 5/27/2013. Ready for Trial by 6/3/2013. (Signed by Judge Katherine B. Forrest on 10/12/2012) (ama) (Entered: 10/12/2012)
2013-01-18	13	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Donald F. Luke dated 1/11/2013 re: Counsel to Assa Corp. and Assa Limited, defendants in the above-captioned action writes to request that the Court order the Government to produce by January 18, 2013 (i) chart containing the Bates numbers of each document referenced or referred to in the Amended Complaint and (ii) the English translation of the entirety of any foreign language document that is excerpted in English in the Amended Complaint. ENDORSEMENT: Ordered. The Government never responded to this discovery issue. The relief requested is granted with modifications that such production shall occur not later than c.o.b. 1/25/13. (Signed by Judge Katherine B. Forrest on 1/18/2013) (ago) (Entered: 01/18/2013)
2013-01-18	14	0		Letter addressed to Judge Katherine B. Forrest from Ralph P. Dupont dated 1/14/2013 Re: We write as counsel for the Hegna Movants in the above-captioned Show Cause Order proceeding in support of Defendants Assa Corp.'s and Assa Limited's efforts to obtain certain document production from the U.S., as detailed in Counsel's correspondence to you dated January 11, 2013. The Hegna Movants also seek production of the same documents, including, but not limited to all documents, quoted or referenced in the Amended Verified Complaint in 08 Civ. 10934 (KBF).We personally e-mailed the Assistant United States Attorney Michael Lockard last Friday after receiving Assa counsel's letter. We have previously made numerous requests for such production in detailed voicemail messages and e-mail messages to Atty. Lockard, including at the close of oral presentations on September 6th, 2012.We now respectfully join Assa in seeking the Court's assistance in compelling the production of all documents quoted or referenced in the Amended Verified Complaint, with a full English translation of documents in Farsi. Document filed by Craig M. Hegna, Edwena R. Hegna, Paul B. Hegna, Steven A. Hegna, Lynn Marie Hegna Moore.(ago) (Entered: 01/18/2013)
2013-01-23	15	0		Letter addressed to Judge Katherine B. Forrest from Ralph P. Dupont and Barbara J. Dupont dated 1/18/2013 re: We write as counsel for the Hegna-Movants in the pending Show Cause Order matter. No. 11 Civ. 3761. This letter is in response to the Court's s suggestion to counsel at the November 9.2012 status conference that your Honor wishes to accept relevant comment from all counsel in the above captioned cases. See Transcript p. 18, lines 13-25. inclusive. Document filed by Craig M. Hegna, Edwena R. Hegna, Paul B. Hegna, Steven A. Hegna, Lynn Marie Hegna Moore.(djc) (Entered: 01/23/2013)
2013-01-30	16	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Ralph P. Dupont and Barbara J. Dupont dated 1/18/2013 re: We write as counsel for the Hegna- Movants in the pending Show Cause Order matter. No, 11 Civ. 3761. This letter is in response to the Court's suggestion to counsel at the November 9, 2012 status conference that your Honor wishes, to accept relevant comment from all counsel in the above captioned cases. ENDORSEMENT: Clerk to post letter to the docket. (Signed by Judge Katherine B. Forrest on 1/30/2013) (lmb) (Entered: 01/30/2013)
2013-01-30	18	0		ORDER: In advance of the oral argument in the above-captioned matter scheduled for Friday, February 1, 2013, at 10:30 a.m., the Court issues the following tentative ruling on the pending motions for execution as further set forth in this order.The parties may address this tentative ruling at the hearing on February 1, 2013. However, the Court is more interested in (1) the status of discovery, and (2) whether summary judgment motions are likely (and how soon). (Signed by Judge Katherine B. Forrest on 1/30/2013) (lmb) (Entered: 01/30/2013)
2013-02-21	19	0		Letter addressed to Judge Katherine B. Forrest from Ralph P. Dupont dated 2/15/13 re: The Hegnas movants wish to reserve the right to proceed with a motion for partial summary judgment in the Show Cause proceedings. (mro) (Entered: 02/21/2013)
2013-02-21	20	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Ralph P. Dupont dated 2/15/20113 re: Counsel for Hegna-Movants writes we are basically joining in the recommendation of all counsel that the proceedings not be severed, but cannot agree to the numerous claims of law that have been added as the document was circulated. To avoid any misunderstanding, moreover, we believe that Hegna-Movants should be allowed to seek partial judgment on the Show Cause Order. ENDORSEMENT: Parties may bring any motions they deem appropriate at any time (no prior Court approval required). Depending on the content/nature of the motion, once the Court has reviewed it, the Court may (or may not) deny with leave to review at a later time, stay resolutions pending merits resolution or grant in whole/part. The Court cannot make a determination prior to reviewing any such filing. (Signed by Judge Katherine B. Forrest on 2/15/2013) (ago) Modified on 2/25/2013 (tro). (Entered: 02/21/2013)
2013-02-28	21	0		ORDER: It has come to the Court's attention that above-referenced petition for turnover currently assigned to the Part I judge docket (the Estate of Michael Heiser action) is related to In Re 650 Fifth Avenue and Related Properties, 08 Civ. 10934 (KBF), a consolidated matter currently before Judge Forrest. In the interest of judicial economy, it is hereby Ordered that the miscellaneous case referenced above be transferred to Judge Forrest. The Clerk of Court is directed to transfer 13 Misc. 0071 to Judge Forrest. (Signed by Judge Katherine B. Forrest on 2/28/2013) (mro) (Entered: 02/28/2013)
2013-03-12	22	0		Letter addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 3/1/2013 re: We respectfully submit this letter on behalf of the Alavi Foundation (the Foundation) and 650 Fifth Avenue Company (the Fifth Avenue Company) in accordance with the Courts order at the February 1, 2013 conference and in response to the Governments and private plaintiffs recent letters to the Court. For the following reasons, the Governments civil forfeiture action against the defendant-in-rem properties and the private plaintiffs judgment enforcement actions against the Foundation, the Fifth Avenue Company, Assa Corporation, and Assa Company Limited should not be consolidated for trial. Instead, the Court should consider the issue of priority i.e., whether the Government by way of its forfeiture action has a superior claim to defendant-in-rem properties than the private plaintiffs have to the defendants assets under the Terrorism Risk Insurance Act, or vice-versa and the matter with priority should be tried first. There is simply no need to have thirteen or more plaintiffs seeking essentially the same properties at trial when only the party or parties with priority, if successful, would be entitled to the properties. For the foregoing reasons, the Court should establish a briefing schedule on the legal issue of priority and the June 2013 trial should be limited to the claims having priority. The Governments and private parties request to consolidate the forfeiture action and the judgment enforcement actions for trial should be denied. (ago) (Entered: 03/12/2013)
2013-03-12	23	0		Letter addressed to Judge Katherine B. Forrest from Peter I. Livingston dated 3/1/2013 re: We represent Claimants/Defendants ASSA Corp. and ASSA Limited (collectively Defendants) and submit this letter in response to the letter dated February 15, 2013 submitted by the attorneys for the U.S. Government on its behalf and on behalf of the Judgment Creditors. The Defendants oppose the Plaintiffs request for a consolidated trial of the Governments forfeiture action with the Judgment Creditors attachment/turnover actions. For these reasons, Defendants respectfully submit that, in the interest of a fair resolution of the claims and respective defenses, the Court not order consolidation and instead determine the priority of the respective Plaintiffs claims. (ago) (Entered: 03/12/2013)
2013-03-15	24	0		ORDER: Pursuant to F.R.C.P. 42(a). The Court hereby consolidates for trial the Government's civil forfeiture action and the Judgment Creditors' turnover actions. Not later than 4/15/2013, any parties wishing to object to the discovery produced by another party prior to the 4/1/2013, discovery deadline shall submit a letter to the Court (via PDF attached to ForrestNYSDChambers@nysd.uscourts.gov with a hard copy to follow). Any party wishing to respond to any such letter(s) shall do so not later than 4/19/2013. Upon oral motion the trial date in the consolidated matter is adjourned to 8/28/2013. (Discovery due by 4/1/2013.) (Signed by Judge Katherine B. Forrest on 3/15/2013) (tro) (Entered: 03/18/2013)
2013-03-19	25	0		Letter addressed to Judge Katherine B. Forrest from Judy Peacock Goodwin dated 3/19/2013 re: We are counsel for Harry Beer, et al. and Jason Kirschenbaum, et al. in the above-referenced proceedings (the "Beer and Kirschenbaum Judgment Creditors"). The Beer and Kirschenbaum Judgment Creditors filed claims asserting claims to the assets at issue in this proceeding on March 16, 2010, and their miscellaneous proceedings were consolidated with In re 650 Fifth Avenue and Related Properties on November 27, 2012. See ECF Dkt. Nos. 99, 101, and 328. In light of the current procedural posture of the consolidated matters before the Court, the Beer and Kirschenbaum Judgment Creditors wish to inform the Court that they are filing complaints with the Court. The complaints will be labeled as related actions to the pending proceeding and recite allegations substantially similar to those raised by other judgment creditor plaintiffs. The Beer and Kirschenbaum Judgment Creditors are prepared to comply with all outstanding discovery and related scheduling deadlines already in place in these consolidated actions. The Beer and Kirschenbaum Judgment Creditors submit that the filing of the complaints at this time will promote judicial economy by avoiding the need to address the Beer and Kirschenbaum Judgment Creditors' claims and rights to the assets at issue in separate proceedings after the trial. (ago) (Entered: 03/20/2013)
2013-03-22	27	0		Letter addressed to Judge Katherine B. Forrest from Benjamin Weathers-Lowin dated 3/21/2013 re: This firm represents the Greenbaum and Acosta Plaintiffs in the above-referenced consolidated proceedings before your Honor. We also represents the Beer and Kirschenbaum Plaintiffs, who, as indicated in our letter to your Honor of March 19, filed claims to the properties herein at issue on March 16,2010 (ECF Dkt. Nos. 99, 101), and recently commenced turnover proceedings with respect to such properties, which we understand have been referred to your Honor. We write concerning the March 15, 2013, motion of claimants Sohrab Vahabzadeh, et al., (the "Vahabzadeh Claimants") for a hearing "to adjudicate the validity, amount and priority of their claims" to the properties here at issue (the "Motion") (ECF Dkt. No. 369). Significantly, the Motion was made mere hours after this Court held a status conference in the above-referenced proceedings, during which we understood your Honor to very clearly rule that the Court preferred not to entertain any motion practice concerning the validity or priority of competing claims to the subject properties until after trial. Counsel for the Vahabzadeh Claimants formally appeared at the March 15 status conference, yet counsel offered no objections to the Court's ruling and made no mention of the Motion. Given the Court's clear authority to manage its own docket, we believe the Court can and should deny the Motion, sua sponte, without prejudice to renewal at a later, more appropriate date after trial and upon further Order of the Court. We therefore do not intend to formally oppose the Motion at this juncture. However, should the Court wish to receive briefing on the Motion, we would be happy to confer with other plaintiffs' counsel in an effort to submit consolidated opposition papers for the Court's consideration. (ago) (Entered: 03/22/2013)
2013-04-01	28	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Ira S. Sacks dated 3/26/2013 re: We write to follow-up on our February 15,2013 letter to Your Honor ("February Letter") and to address the March 21, 2013 letter sent on behalf of the Greenbaum, Acosta, Beer, and Kirschenbaum Plaintiffs (collectively, the "Greenbaum Plaintiffs"). In their letter, the Greenbaum Plaintiffs feign surprise at the filing of Claimants' March 15, 2013 motion (ECF Dkt. No. 369) (the "Validity Motion") -despite the fact that the February Letter explicitly states the Validity Motion would be filed shortly and details the relief Claimants will seek -- and contend that the Validity Motion is improper, because at the March 15, 20 l3 settlement conference Your Honor requested that motion practice concerning validity and priority of claims be delayed until after the consolidated trial. We address the premise of the Greenbaum Plaintiffs' letter in two parts: (i) with respect to validity and (ii) with respect to priority as further set forth herein. Although the issue of priority as between all of the competing claims and judgments in this action need not be adjudicated now -- as your Honor has indicated we respectfully submit that the nature of Claimants' claims under 28 C.F.R. § 9.9(a) should be adjudicated prior to trial. The Court's decision as to the nature and class of Claimants' claims is a necessary first step before Claimants can even begin to litigate the issue of priority with the other private plaintiffs and/or the Government. Thus, we respectfully submit that the Validity Motion was made at the appropriate juncture. Lastly, in order to preserve judicial economy and resources, Claimants reiterate their belief that the validity, amount, and priority issues referenced above can be adjudicated by a Magistrate Judge in order to allow these necessary issues to be resolved before trial. ENDORSEMENT: Ordered. Post to docket. To be clear, this Court has never held a settlement conference. The March 15 conference dealt solely with pre-trial matters. (Signed by Judge Katherine B. Forrest on 4/1/2013) (ago) (Entered: 04/01/2013)
2013-04-01	29	0		ORDER:It is hereby ORDERED: The following briefing schedule shall apply to the Djhanbani, Khoshkish, Khosrowshahi, and Vahabzadeh claimants' motion to determine the validity, amount and priority of their claims (ECF No. 368) and the Government's motion to dismiss those claims (ECF No. 383): Any opposition brief(s) to the Government's motion are due not later than April 15, 2013; any reply(ies) are due April 25, 2013. The claimants shall file any reply brief to their validity, amount and priority motion as part of any opposition to the Government's motion to dismiss brief. In their briefing, the parties shall address the question of whether the Second Amended Claims and Statements of Interest sufficiently allege an interest in the specific property at issue in the consolidated action. ( Responses due by 4/15/2013, Replies due by 4/25/2013.) (Signed by Judge Katherine B. Forrest on 4/1/2013) (ago) (Entered: 04/01/2013)
2013-04-02	30	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Donald F. Luke dated 3/29/2013 re: This firm represents Assa Corp. and Assa Limited, s/h/a Assa Co. Ltd. (collectively referred to herein as, "Assa"). On March 21,2013, the plaintiffs in the actions captioned Rubin et. al. v. Alavi Foundation et. al. (Docket No. 09-cv-165) and Miller et. al. v. Alavi Foundation et. al. (Docket No. 09-cv-166) (the "Rubin Plaintiffs") filed a motion (the "Motion") for partial summary judgment against Assa. We writes with the consent of the Rubin Plaintiffs to respectfully request that Assa's time to submit opposition papers to the Motion be extended from April 11,2013, to April 24, 2013, and that the Rubin Plaintiffs' time to submit reply papers to the Motion be extended from April 25, 2013, to May 7, 2013. This is the first request for an extension of time in connection with the Motion and is being made because of the Passover holiday, the need for us to confer with people located abroad, and because I shall be out of the country on an unrelated matter during the period April 3 through 16, 2013. ENDORSEMENT: Ordered. Extensions as set forth herein granted. ( Responses due by 4/24/2013, Replies due by 5/7/2013.) (Signed by Judge Katherine B. Forrest on 4/2/2013) (ago) (Entered: 04/02/2013)
2013-04-05	31	0		NOTICE OF APPEARANCE by Ralph Paul Dupont on behalf of Craig M. Hegna, Edwena R. Hegna, Paul B. Hegna, Steven A. Hegna, Lynn Marie Hegna Moore (Dupont, Ralph) (Entered: 04/05/2013)
2013-04-06	32	0		FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Partial Summary Judgment. Document filed by Craig M. Hegna, Edwena R. Hegna, Paul B. Hegna, Steven A. Hegna, Lynn Marie Hegna Moore. (Attachments: # 1 Supplement Loc R. 56.1 Statement, # 2 Supplement Memo of Law Support Motion, # 3 Affidavit Dupont Declaration in Support, # 4 Appendix Statutes Part I, # 5 Appendix Statutes Part II, # 6 Exhibit #1 Show Cause Order 09272009, # 7 Exhibit # 1A PART ONE Verified Amended U.S. Compl, # 8 Exhibit #1A PART TWO U.S. Verified Amended Compl., # 9 Exhibit # 2 Unpublished Underlying Judgment Memo, # 10 Exhibit #2A Underlying Judgment, # 11 Exhibit #2B Certificate Judgmen and Iran Service, # 12 Exhibit #2C Certificate Amended Underlying Judgment 1605A Iran Service, # 13 Exhibit #3 Judgment Transcript Filing 11272002, # 14 Exhibit #3A Recording Transcript 11272002, # 15 Exhibit #4 Writ Execution to Marshal 12302008 Alavi Garnishee, # 16 Exhibit #4A Writ and Garnishment 650 5th Ave. Co., # 17 Exhibit #4B Writ and Garnishment Assa, # 18 Exhibit #4C Lis Pendens for SCO, # 19 Exhibit #5 Melli Designation U.S. Treasury, # 20 Exhibit #6 Iran Service Amended Sched Order, # 21 Exhibit #7 MOIS Service, # 22 Exhibit #8 Bank Melli Service, # 23 Exhibit #9 SCO Scheduling Order, # 24 Exhibit #10 Memo Law Support SCO, # 25 Exhibit #10A Dupont Affidavit Support SCO without Exhibits, # 26 Exhibit #11 Response SCO Alavi and 5th Ave. Co., # 27 Exhibit #11A Response SCO Assa, # 28 Exhibit #11B Cross Motion Assa, # 29 Exhibit #12 SCO Opposition Greenbaum Delay, # 30 Exhibit #13 U.S. Opposition SCO Delay, # 31 Exhibit # 14 Reply Hegna to All Opposition without exhibits, # 32 Exhibit # 14A Reply #14 Exhbits, # 33 Exhibit # 15 Reply Ltr. Brief to U.S. Resonse Ltr. Brief Ex.# 13 f, # 34 Exhibit #16 OFAC Determination Melli is Iran, # 35 Exhibit #16A Treas. Designation of Bank Melli, # 36 Exhibit #17 Treas. Public Statement Assa Is Bank Melli, # 37 Exhibit Ex # 17A Assa Designated, # 38 Exhibit #!A PART THREE Verified Ameded U.S. Compl.)(Dupont, Ralph) Modified on 4/8/2013 (ldi). (Entered: 04/06/2013)
2013-04-15	33	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 4/11/2013 re: We respectfully submit this letter on behalf of the Alavi Foundation (the "Foundation") and 650 Fifth Avenue Company (the "Fifth Avenue Company") regarding the Greenbaum, Acosta, Beer, and Kirschenbaum Plaintiffs' request that Court extend the discovery close date from May 1,2013 to July 31, 2013. We believe that a limited discovery extension is appropriate under the circumstances, but oppose an extension to July 31. Instead, we propose that the Court extend fact discovery until June 28, 2013, and that all other previously imposed deadlines remain in place. ENDORSEMENT: Ordered. Extension of fact discovery to 6/28/2013 granted. All other dates remain (and no extension of passed deadlines, e.g. the April 1 deadline. ( Fact Discovery due by 6/28/2013.) (Signed by Judge Katherine B. Forrest on 4/11/2013) (ago) (Entered: 04/15/2013)
2013-04-15	34	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Peter I. Livingston dated 4/11/2013 re: We have reviewed the letter dated April 8,2013 from counsel for the Greenbaum, Acosta, Beer and Kirschenbaum plaintiffs with respect to a request for an enlargement of time for discovery until the 31st of July and the Court's request for comments. On behalf of Assa Corp. and Assa Limited, we would have no objection to an extension of time until the 31st of July for depositions and an extension of time for all parties to produce documents until May 1st. ENDORSEMENT: Ordered. Post to docket. (The Court notes no submission received from the Government per deadline). (Signed by Judge Katherine B. Forrest on 4/12/2013) (ago) (Entered: 04/15/2013)
2013-04-18	35	0		MOTION for Partial Summary Judgment. Document filed by Craig M. Hegna, Edwena R. Hegna, Paul B. Hegna, Steven A. Hegna, Lynn Marie Hegna Moore.(Dupont, Ralph) (Entered: 04/18/2013)
2013-04-18	36	0		RULE 56.1 STATEMENT. Document filed by Craig M. Hegna, Edwena R. Hegna, Paul B. Hegna, Steven A. Hegna, Lynn Marie Hegna Moore. (Dupont, Ralph) (Entered: 04/18/2013)
2013-04-18	37	0		MEMORANDUM OF LAW in Support re: 35 MOTION for Partial Summary Judgment.. Document filed by Craig M. Hegna, Edwena R. Hegna, Paul B. Hegna, Steven A. Hegna, Lynn Marie Hegna Moore. (Attachments: # 1 Appendix, # 2 Appendix)(Dupont, Ralph) (Entered: 04/18/2013)
2013-04-18	38	0		DECLARATION of Ralph P. Dupont in Support re: 35 MOTION for Partial Summary Judgment.. Document filed by Craig M. Hegna, Edwena R. Hegna, Paul B. Hegna, Steven A. Hegna, Lynn Marie Hegna Moore. (Attachments: # 1 Exhibit #1 Show Cause Order, # 2 Exhibit #1A Amended US Compl Part One, # 3 Exhibit #1A Part Two, # 4 Exhibit #1A Part Three, # 5 Exhibit #2 Mem Dec Kennedy, USDJ 01222002, # 6 Exhibit ##2A Judgment 01/22/2002, # 7 Exhibit #2B Cert Judgment and Iran Service, # 8 Exhibit #2C Cert Amend Judg 04/29/2010 Filed 0528/2010 Iran Service 01/11/2011, # 9 Exhibit #3 Transcript Judg 11/27/2002, # 10 Exhibit #3A Recorded NY 11/27/2002, # 11 Exhibit #4Writ Execution US Marshal 12/30/2008 Alavi, # 12 Exhibit #4A Writ 650 5th Ave, # 13 Exhibit #4B Writ ASSA, # 14 Exhibit #4C Lis Pendens 03/30/2009 SCO, # 15 Exhibit #5 Bank Melli Iran Designated 10/25/2007, # 16 Exhibit #6 Service Iran Sched. Order 09/08/2009, # 17 Exhibit #7 Clerk's Serv 03/312009 MOIS, # 18 Exhibit #8 Clerk's Serv Bank Melli, # 19 Exhibit #9 Sched Order 05/11/2009, # 20 Exhibit #10 Memo in Support of SCO, # 21 Exhibit #10A Affidavit Support SCO without Exs., # 22 Exhibit #11 Alavi and 650 Fifth Response to SCO, # 23 Exhibit #11A ASSA Response to SCO, # 24 Exhibit #11B ASSA Cross Motion, # 25 Exhibit #12 Greenbaum Opposition to Hegna, # 26 Exhibit #13 US Letter Brief Opposition to Hegna, # 27 Exhibit #14 Hegna Reply ro All SCO Responses, # 28 Exhibit #14 Exhibits to Hegna Reply, # 29 Exhibit #15 Hegna Letter Brief Reply to US, # 30 Exhibit #16 Excerpt OFAC Determination, # 31 Exhibit #16A Part 560 Iran TR Excerpts, # 32 Exhibit #17 ASSA BK. Melli Front 12/17/2008, # 33 Exhibit #17ASSA Designated)(Dupont, Ralph) (Entered: 04/18/2013)	2015-01-28 13:18:46	2adc5c5f60a63d4f5f36514efdc20f41b0a24edc
	38	1	Exhibit #1 Show Cause Order		2015-01-28 13:19:14	63ad8bd487ffd6cc07c6abe26c7cfecf8fb310ff
	38	2	Exhibit #1A Amended US Compl Part One
	38	3	Exhibit #1A Part Two
	38	4	Exhibit #1A Part Three
	38	5	Exhibit #2 Mem Dec Kennedy, USDJ 01222002		2015-01-28 13:20:11	d80e0d1a49fc77b48d8cf5503db9657b0408260c
	38	6	Exhibit ##2A Judgment 01/22/2002		2015-01-28 13:21:21	a0020ca9967970d57eef05829be76b6f7ed0a9e7
	38	7	Exhibit #2B Cert Judgment and Iran Service		2015-01-28 13:21:38	44b4f09afcee3cfaf9cd311b2a8316291f4ee11d
	38	8	Exhibit #2C Cert Amend Judg 04/29/2010 Filed 0528/2010 Iran Service 01/11/2		2015-01-28 13:22:21	5ac49fd955ae8c844cfa53e478bd342a6743c140
	38	9	Exhibit #3 Transcript Judg 11/27/2002		2015-01-28 13:23:18	a7a284e7866a8711fe8485c7d2f345e3f061dc5c
	38	10	Exhibit #3A Recorded NY 11/27/2002		2015-01-28 13:23:52	6fb0b3733f3ecb5cb330925d403df738fddb8c85
	38	11	Exhibit #4Writ Execution US Marshal 12/30/2008 Alavi		2015-01-28 13:25:17	fa4a3b0b6f3ca4860abe200ef0d7266d5f7c88f4
	38	12	Exhibit #4A Writ 650 5th Ave		2015-01-28 13:25:13	6e7a46c07c4f1ca9400ac6812b603fdd05bd9ba1
	38	13	Exhibit #4B Writ ASSA		2015-01-28 13:27:41	0a1b4cd8d0a89b9b0d4126fc1b87653e4c60f3eb
	38	14	Exhibit #4C Lis Pendens 03/30/2009 SCO		2015-01-28 13:27:37	c53cff213cd3e137ca051d970a392576bcb7d9cc
	38	15	Exhibit #5 Bank Melli Iran Designated 10/25/2007		2015-01-28 13:29:19	99af35963a21a69dbdb4e445972df9f5d5504d08
	38	16	Exhibit #6 Service Iran Sched. Order 09/08/2009		2015-01-28 13:29:14	7a4454a8b86982afd3d1a760776b7e30a0804c20
	38	17	Exhibit #7 Clerk's Serv 03/312009 MOIS		2015-01-28 13:30:13	34bc983b945c5fd2fc78269025a2e36265916f85
	38	18	Exhibit #8 Clerk's Serv Bank Melli		2015-01-28 13:30:51	80de1a1ed74718e5151bb4b008056bc498b5f418
	38	19	Exhibit #9 Sched Order 05/11/2009		2015-01-28 13:32:17	e48f1272f5723681e3efd4d22636fdc58791ae57
	38	20	Exhibit #10 Memo in Support of SCO		2015-01-28 13:32:39	02c3259cf1eae7a86f27d630af155c6242ddee84
	38	21	Exhibit #10A Affidavit Support SCO without Exs.		2015-01-28 13:34:36	9b98d404fce882be34ecbfef7cb14fef65fa2365
	38	22	Exhibit #11 Alavi and 650 Fifth Response to SCO		2015-01-28 13:34:07	937758c015ddb3fe0db852691e2533b627d54479
	38	23	Exhibit #11A ASSA Response to SCO		2015-01-28 13:34:51	f6d68fa52679db982eae180fedcecf9a3888c845
	38	24	Exhibit #11B ASSA Cross Motion		2015-01-28 13:36:18	5e3f5cac53551bcab9ca6a47af7ee08f672cc7ac
	38	25	Exhibit #12 Greenbaum Opposition to Hegna		2015-01-28 13:36:30	6071d655351a190ed78eee1dc5abbf5302351b94
	38	26	Exhibit #13 US Letter Brief Opposition to Hegna		2015-01-28 13:38:51	2841892dd8c3c61472bdc640c51e342c55826fb6
	38	27	Exhibit #14 Hegna Reply ro All SCO Responses		2015-01-28 13:39:49	72808029fbc6808623b1eb87bc4bec9d8a075714
	38	28	Exhibit #14 Exhibits to Hegna Reply		2015-01-28 13:41:29	c56343386a21764eed58d3645aed029ca1107862
	38	29	Exhibit #15 Hegna Letter Brief Reply to US		2015-01-28 13:41:44	b49e305b08e3a798249fab58273152b65290d152
	38	30	Exhibit #16 Excerpt OFAC Determination		2015-01-28 13:44:02	1749d409044e7182749ea31837c9585958ee81ac
	38	31	Exhibit #16A Part 560 Iran TR Excerpts		2015-01-28 13:43:34	3919d2224c023b050e9b5c508ff754e2e542bfcb
	38	32	Exhibit #17 ASSA BK. Melli Front 12/17/2008		2015-01-28 13:44:34	a6048df71702529b1616eadc89a13c4926a84edd
	38	33	Exhibit #17ASSA Designated		2015-01-28 13:46:19	510f952d456c54e81e5b2d7ed53dbf6e1d825a2a
2013-04-19	39	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Ralph P. Dupont dated 4/19/13 re: Counsel writes to advise that the Hegnas' dispositive motion for partial summary judgment, filed on 4/5/13, has been re-filed. ENDORSEMENT: Ordered: Post to docket. (Signed by Judge Katherine B. Forrest on 4/19/2013) (mro) (Entered: 04/22/2013)
2013-04-22	40	0		Letter addressed to Judge Katherine B. Forrest from Daniel S. Ruzumma dated 4/15/13 re: Counsel submits the enclosed letter on behalf of the Alavi Foundation (the Foundation) and the 650 Fifth Avenue Company (Fifth Avenue Company or collectively Claimants) raising objections to the Governments document discovery through April 1, 2013. (mro) (Entered: 04/22/2013)
2013-04-22	41	0		Letter addressed to Judge Katherine B. Forrest from Daniel S. Ruzumma dated 4/15/13 re: Counsel submit this letter on behalf of the Alavi Foundation (the "Foundation") and the 650 Fifth Avenue Company (the "Fifth Avenue Company" or collectively "Claimants") in accordance with Your Honor's March 15, 2013 order directing any party wishing to object to another party's discovery production to do so by April 15, 2013. Claimants hereby raise several objections to the Government's productions up through April 1, 2013 and request certain action by the Court to address the issues raised in this letter. (mro) (Entered: 04/22/2013)
2013-04-22	42	0		Letter addressed to Judge Katherine B. Forrest from Michael D. Lockard, et al dated 4/15/13 re: Counsel respectfully requests an order stating that the crimefraud doctrine applies to the otherwise-privileged communications and/or work product documents described above. In addition, we respectfully request a discovery conference before the Court, during which the parties can address the problems related to the privilege logs and omissions from discovery detailed herein. (mro) (Entered: 04/22/2013)	2013-04-22 12:52:29	740d6ab5d3f0bcd50c672b368d0259428259a84e
2013-04-19	43	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Aitan D. Goelman dated 4/17/2013 re: Rubin Plaintiffs write in response to the 4/17/2013 letter submitted by defendants and object to the enlargement of the page limit. ENDORSEMENT: Ordered. Post to docket. (Signed by Judge Katherine B. Forrest on 4/18/2013) (tro) (Entered: 04/22/2013)
2013-04-19	44	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Deborah B. Koplovitz dated 4/17/2013 re: Counsel requests that the Defendants' time to respond to the Rubin motion, the memorandum of the Greenblum, Acosta, Beer and Kirschenbaum plaintiffs and the Hegna plaintiffs (if necessary) be extended to 5/10/2013. Counsel also requests an enlargement of pages to 35 pages in order to address all the various arguments by the different sets of Plaintiffs. ENDORSEMENT: Ordered. 1. Hegan plaintiffs to refile an papers necessary (and not reflected on the docket as properly filed.) 2. Extension of time to 5/10/13 Granted. 3. Page limit extensions (to 35 pages) Granted. (Responses due by 5/10/2013) (Signed by Judge Katherine B. Forrest on 4/18/2013) (tro) (Entered: 04/22/2013)
2013-04-22	45	0		Letter addressed to Judge Katherine B. Forrest from Daniel S. Ruzumma dated 4/19/13 re: Counsel submit this letter on behalf of the Alavi Foundation and 650 Fifth Avenue Company in response to the Governments April 15, 2013 letter concerning the application of the attorney-client privilege and work-product protections to Claimants' communications with counsel. (mro) (Entered: 04/22/2013)
2013-04-22	46	0		Letter addressed to Judge Katherine B. Forrest from Peter I. Livingston dated 4/19/13 re: Counsel requests on behalf of Assa the same relief as being sought by counsel for the Alavi Foundation and 650 Fifth Avenue Company. (mro) (Entered: 04/22/2013)
2013-04-22	47	0		Letter addressed to Judge Katherine B. Forrest from Peter I. Livingston dated 4/19/13 re: Counsel states for the foregoing reasons as well as the arguments raised by Counsel for the Alavi Foundation and The 650 Fifth A venue Company as set forth in the letter to this Court dated April19, 2013 which we respectfully adopt and join, the Government's application should be denied in all respects. (mro) (Entered: 04/22/2013)
2013-04-22	48	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Ralph P. Dupont dated 4/19/2013 re: Counsel for Hegna Judgment Lien Creditors in 11cv3761 write in response to the Respondents, Assa Corporation's and Assa Company, Ltd.'s, letter file with Your Honor today, but dated 4/17/2013. Counsel wish to advise the Court that the Hegnas' dispositive motion for partial summary, filed on 4/5/2013, has been re-filed. ENDORSEMENT: Ordered. Post to docket. (Signed by Judge Katherine B. Forrest on 4/22/2013) (tro) (Entered: 04/22/2013)
2013-04-23	49	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Curtis C. Mechling dated 4/22/13 re: Counsel respectfully requests that the Court direct the Hegna Plaintiffs to re-file their motion for partial summary judgment in the above-referenced master action in accordance with the Court's Order of March 17, 2010, so that all parties will have proper notice of the motion. Counsel further respectfully requests that the Court hold the Hegna Plaintiffs' motion in abeyance pending the outcome of the consolidated trial of these cases. ENDORSEMENT: Ordered: The Hegna plaintiffs to file their motion in the master-action 08 CIV 10934(KBF), and serve on all counsel. All counsel may respond once served if they choose to do so. (Signed by Judge Katherine B. Forrest on 4/23/2013) (mro) (Entered: 04/24/2013)
2013-04-24	50	0		MEMORANDUM DECISION & ORDER: By letter motion dated April 15, 2013, the Government seeks to compel disclosure of documents withheld on the basis of attorney-client privilege or the work product doctrine. Defendants Alavi and 650 Fifth Avenue opposed this motion by letter response dated April 19, 2013; the Assa defendants also opposed the request by a separate letter of the same date. The Government asserts that the crime-fraud exception applies as to all such documents-and apparently therefore seeks disclosure of all documents on defendants' privilege logs. In particular, the Government contends that the exception should apply to communications which were in furtherance of defendants' "fraudulent and criminal schemes" to "conceal Bank Melli's ownership or control of Assa Corporation and Assa Company, Ltd., and conceal the influence of Iranian government agencies and officials in the formation of the 650 Fifth Avenue Company." For the reasons set forth herein, on the basis of the record presented, the Court denies the Government's motion with leave to renew if at some later time it resolves the deficiencies in its motion set forth herein. (Signed by Judge Katherine B. Forrest on 4/24/2013) (mro) (Entered: 04/25/2013)
2013-04-29	51	0		Letter addressed to Judge Katherine B. Forrest from Michael D. Lockard dated 4/25/13 re: Counsel for the Government respectfully submits this letter in response to the April 15, 2013, letter of claimants the Alavi Foundation (the Foundation) and 650 Fifth Avenue Company (the Partnership and, collectively, Claimants). For the foregoing reasons, counsel requests that the Claimants requests be denied. (mro) (Entered: 04/30/2013)
2013-04-30	52	0		ORDER: In connection with the defendants' motion to compel (submitted by letters at ECF Nos. 412, 415), the Court orders the Government to do the following: Not later than May 7, 2013, submit a short summary stating whether the information assembled, prepared and possessed by the various governmental agencies from which discovery has been sought in this action was developed in connection with this litigation or whether it has been developed in connection with other unrelated investigations (the Court notes, for instance, a reference in the Government's letter to proceedings before the United States-Iran Claims Tribunal). In addition, please state whether such materials are or may be used in connection with other, future investigations. Not later than May 7, 2013, provide the Court, in camera (and employing any safeguards the Government deems necessary in accordance with In re The City of New York, 607 F.3d 923, 948-49 (2d Cir. 2010)), with a random sampling of at least 50 documents withheld on the basis of the law enforcement privilege and which are representative of the type of information so withheld (if more than 50 documents is required to make such a showing, then provide what is necessary). Please state the date upon which the FBI intends to make a formal assertion of the law enforcement privilege-and the format in which that assertion will be made (e.g., a motion for a protective order, a letter to defense counsel, etc). The Court will provide a ruling on defendants' motion to compel only after having received and reviewed the above materials. (Signed by Judge Katherine B. Forrest on 4/30/2013) (mro) (Entered: 04/30/2013)
2013-04-30	53	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Timothy Birnbaum dated 4/26/13 re: Counsel requests that the Court either strike the Hegna MSJ without prejudice to the Hegna Plaintiffs or hold the Hegna MSJ in abeyance pending the outcome of the consolidated trial. ENDORSEMENT: ORDERED: The Court's direction to the Hegna plaintiffs was solely to ensure that all papers filed in any action consolidated for trial under the 08 Civ. 10934 case designation are filed on the docket in that action. The Hegna group has now complied with the Court's direction. Resolution of its motion is a separate issue. As Mr. Birnbaum's letter states, the Hegna plaintiffs' motion for partial summary judgment seeks relief that includes a determination of priority. As it has previously stated, the Court will not make such a determination--if any is required--until after trial. As such, the Hegna motion at ECF 472 will be held in abeyance until further Order of the Court. (Signed by Judge Katherine B. Forrest on 4/30/2013) (mro) (Entered: 04/30/2013)
2013-04-30	54	0		STIPULATED CONFIDENTIALITY AND PRIVACY ACT ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Katherine B. Forrest on 4/30/2013) (mro) (Entered: 04/30/2013)
2013-05-10	55	0		Letter addressed to Judge Katherine B. Forrest from Daniel S. Ruzumma dated 5/9/13 re: For the reasons set forth above and in Claimants' April 15, 2013 letter, Claimants' requested relief should be granted. The Government should not be permitted to pick and choose which rules and orders it will abide by and which it will ignore. The Governments discovery conduct in this matter-whether intentional or nothas substantially prejudiced Claimants. Counsel respectfully submit that the requested relief should be granted and the adverse inference instruction proposed in our initial letter should be given to the jury at trial. Document filed by Alavi Foundation, 650 Fifth Avenue Company. (mro) (Entered: 05/13/2013)
2013-05-16	56	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Ralph P. Dupont dated 5/15/13 re: Counsel submits a List of Witnesses (attached). ENDORSEMENT: Ordered: Post on docket. (Signed by Judge Katherine B. Forrest on 5/16/2013) (mro) (Entered: 05/16/2013)
2013-05-21	57	0		ORDER: The date for submission of the joint pretrial order and accompanying materials is adjourned to 14 days prior to the trial date. Not later than 5:00 p.m. Wednesday, May 22, 2013, any party wishing to respond to the Assa request to adjourn the commencement of the trial date from August 28, 2013, to Monday, September 9, 2013 shall submit a letter (via PDF attachment to ForrestNYSDChambers@nysd.uscourts.gov, copying all counsel). (Signed by Judge Katherine B. Forrest on 5/21/2013) (tro) (Entered: 05/21/2013)
2013-05-23	58	0		ORDER: The Court has reviewed the correspondence submitted by claimant Anjuman-e-Haideri ("AEH") and the response by the Government, requesting guidance as to whether AEH must participate in the trial currently scheduled to begin August 28, 2013. AEH's sole role in this litigation is as a tenant-claimant to a property on South Voss Road in Houston, TX, which is owned by the Alavi defendants. The Government seeks forfeiture of that property in this action. AEH does not contest the forfeitability of the South Voss Road Property and has represented that its claim is only ripe for resolution should the property be determined to be subject to forfeiture. As such, AEH shall not participate in the trial and need not submit a witness list or other pretrial materials. The Court will hold further proceedings related to the AEH claim, should the trial determine that the South Voss Road Property is subject to forfeiture. (Signed by Judge Katherine B. Forrest on 5/23/2013) (mro) Modified on 5/24/2013 (mro). (Entered: 05/23/2013)
2013-05-24	59	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Michael D. Lockard dated 5/23/13 re: Counsel writes to request a brief extension of the 5/27/13 deadline for the Government's law enforcement privilege submission, as set forth in the Court's order dated 5/6/13, until 5/28/13. ENDORSEMENT: ORDERED: In light of the Memorial Day holiday, the deadline for the Government's law enforcement privilege submission is hereby extended to Wednesday, May 29, 2013, at 5:00 p.m. SO ORDERED. (Signed by Judge Katherine B. Forrest on 5/24/2013) (mro) (Entered: 05/24/2013)
2013-05-28	60	0		Letter addressed to Judge Katherine B. Forrest from Ralph P. Dupont, Esq. dated 5/24/2013 re: We write as counsel for the Hegna judgment lienors in the Show Cause special proceeding and as counsel for the Hegna Defendants-Claimants in the forfeiture action. We respectfully request that the Court deny the Assa Defendants-Claimants' letter motion for preclusion of witnesses and documents, for the reasons set forth in the letter responses of even date herewith by the Greenbaum, Acosta, Beer and Kirschenbaum and Heiser judgment creditors. The Hegnas respectfully submit that neither they nor the other private parties have prejudiced the Alavi or Assa Claimants in any way, nor have they intentionally disobeyed any order of this Court. ENDORSEMENT: ORDERED. Post on Docket. (ama) (Entered: 05/28/2013)
2013-05-29	61	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Ralph P. Dupont dated 5/28/13 re: The Hegnas respectfully suggest that it would be unfair to them and all Plaintiffs-Creditors, who have been ordered to engage in consolidated discovery, to bar them enforcing their judgment liens against the Defendant-Properties because of a technical error in the course of discovery over which they have had virtually no control to the present. ENDORSEMENT: Ordered: Post on docket. (Signed by Judge Katherine B. Forrest on 5/28/2013) (mro) (Entered: 05/29/2013)	2013-05-29 11:35:09	512f7e92ac47856ee138a3276e5d4ff6a26374b0
2013-05-31	62	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Peter I. Livingston dated 5/30/13 re: Counsel submits this letter in further support of the Assa Claimants' 5/14/13 application for sanctions pursuant to Rule 37(b) of the Federal Rules of Civil Procedure and in opposition to the Government's various requests of this Court concerning its document production. ENDORSEMENT: Ordered: Post on docket. (Signed by Judge Katherine B. Forrest on 5/30/2013) (mro) (Entered: 05/31/2013)
2013-05-31	63	0		MEMO ENDORSEMENT on Motion to Withdraw as Counsel. PLEASE TAKE NOTICE THAT pursuant to Local Rule 1.4 of the Local Rules of the United States District Courts for the Southern and Eastern Districts of New York, Ian M. Dumain, formerly associated with the law firm of Patterson Belknap Webb & Tyler LLP, hereby moves for leave to withdraw his appearance in the above-captioned action, as he is no longer associated with the firm. Patterson Belknap Webb & Tyler LLP will remain counsel to claimants Alavi Foundation and 650 Fifth Avenue Company. ENDORSEMENT: So ordered. (Signed by Judge Katherine B. Forrest on 5/30/2013) (mro) (Entered: 05/31/2013)
2013-05-31	64	0		Letter addressed to Judge Katherine B. Forrest from Ralph P. Dupont dated 5/30/13 re: The Hegnas request until June 10 to respond to the Plaintiffs-Creditors motions for partial summary judgment if all their requests for relief are denied because the Motions do not sufficiently apprise the Hegnas of the scope of the partial summary judgments. (mro) (Entered: 05/31/2013)
2013-06-04	65	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Curtis C. Mechling dated 6/3/13 re: Counsel submits this letter jointly on behalf of the GABK Plaintiffs and the Rubin Plaintiffs (together, the "Moving Plaintiffs") in response to the letter dated May 30, 2013, to the Court from counsel for the Hegna Plaintiffs (the "Hegna Letter") (Dkt. No. 509) with respect to the Moving Defendants' pending Motion for Partial Summary Judgment Against the Assa Defendants (the "Motion") (Dkt. No. 394). ENDORSEMENT: Ordered: Post on docket. (Signed by Judge Katherine B. Forrest on 6/4/2013 (as per Chambers)) (mro) (Entered: 06/04/2013)
2013-06-05	66	0		MEMORANDUM & ORDER: Before the Court is defendants' motion pursuant to Federal Rule of Civil Procedure 37(b)(2) for an order precluding the Government from calling any witnesses at trial. Defendants' motion is based on the Government's failure to abide by a clear court order requiring it to provide its witness list by April 1; the Government did not provide a list until mid-May, following a subsequent court order. There is no doubt that the order sought would effectively mean that the Government would not be able to make out a prima facie case in its pending civil forfeiture action against defendants. There is no doubt that the Government failed to meet the Court's very clear order requiring disclosure of its witness list on April 1, 2013. This failure was compounded when defendants submitted not one, but two letters in connection with other discovery issues in which they complained of the Government's failure to provide its list. The purpose of the list was and is to assist the defendants in focusing their deposition program-and was deemed necessary in light of the history and nature of discovery in this particular matter. However, the Government's mistake was so complete-a total failure to comply with the written February 1 order-that to order preclusion would effectively result in dismissal of the Government's case. That sanction is too harsh. That is particularly true in light of the fact that, given that much of the discovery here is uniquely in the possession of the Government, to preclude the Government from offering witnesses at trial would work a substantial hardship on those private plaintiffs who did not miss a court imposed deadline. The Court's analysis of the various factors regarding whether a preclusion order should issue also dictate against such a result. As an initial matter, the Government's explanation that they misunderstood the Court's order is not persuasive; rather, they simply did not pay attention to the written order of February 1 and had poor notes of the conference. There is no evidence of bad faith just a really big "miss". The importance to the Government of having testimony from some witnesses is clear: without witnesses, the Government cannot make out a case. The Court also finds that defendants are able to meet the testimony. The identity of the witnesses has largely been evident through the production of the key documents underlying the Government's verified amended complaint. As to additional names, defendants still have time to take appropriate depositions of those individuals. There is also a pending request for a short adjournment of the trial. Based on the witness list issue, as well as certain religious holidays in September, the Court now adjourns the trial to September 9, 2013. In addition, the Court will allow the defendants, at their option, to schedule up to 8 depositions following what would otherwise be the close of deposition discovery (scheduled to close on June 28, 2013). The Clerk of Court is directed to set trial in this matter to begin September 9, 2013, at 9:00 a.m. (Signed by Judge Katherine B. Forrest on 6/5/2013) (mro) Modified on 6/6/2013 (mro). (Entered: 06/05/2013)
2013-06-06	67	0		OPINION & ORDER re: (373 in 1:08-cv-10934-KBF, 108 in 1:09-cv-00166-KBF, 107 in 1:09-cv-00165-KBF) MOTION for Partial Summary Judgment Against the Assa Defendants filed by Abraham Mandelson, Stuart E. Hersh, Elena Rozenman, Abraham Mendelson, Deborah Rubin, Renay Fryn, Tzvi Rosenman, Elana Rozenman, Tzvi Rozenman, Noam Rozenman, Daniel Miller, Jenny Rubin, Noan Rozenman, Renay Frym. For the reasons set forth above, the Rubin, Beer, Kirschenbaum, Greenbaum, and Acosta plaintiffs' motion for partial summary judgment is GRANTED. Specifically, the Court finds that the Assa Defendants' assets are "blocked assets" as defined in § 201 of TRIA and that the Assa Defendants' assets constitute "blocked assets" of Bank Melli, an instrumentality of Iran. As such, the Assa Defendants' interests in the 650 Properties are subject to execution by judgment creditors in possession of valid terrorism-based judgments against Iran. However, the Court does not make any factual findings as to the validity or priority of the various judgment creditors' private judgments. Nor does it make any findings of fact as regards the Assa Defendants for the purposes of the Government's civil forfeiture action; the Court takes no position as to how, if at all, the Government's standard of proof as regards the Assa Defendants differs from that of the private plaintiffs. The Clerk of Court is directed to close the motions at ECF No. 373 in 08 Civ. 10934, ECF No. 107 in 09 Civ. 165, and ECF No. 108 in 09 Civ. 166. (Signed by Judge Katherine B. Forrest on 6/6/2013) (mro) Modified on 6/7/2013 (mro). (Entered: 06/06/2013)
2013-06-10	68	0		STIPULATED CONFIDENTIALITY ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Katherine B. Forrest on 6/10/2013) (mro) (Entered: 06/11/2013)
2013-06-17	69	0		LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 6/10/13 re: Counsel submits this letter on behalf of the Alavi Foundation and the 650 Fifth Avenue Company (collectively, "Claimants") in response to the Government's May 29, 2013 letter submitting the Declaration of George Venizelos, which in essentially a single substantive paragraph purports to justify the invocation of law enforcement privilege as to tens of thousands of pages of discovery. For the reasons provided here and in our previous letters, the Court should rule that the Government's privilege claims are waived or direct the Government to produce a valid privilege log within fourteen days. (mro) (Entered: 06/17/2013)
2013-06-17	70	0		LETTER addressed to Judge Katherine B. Forrest from Anand Sithian dated 6/14/13 re: The Government respectfully writes in response to the June 10, 2013 letter (June 10, 2013 Letter) to the Court from claimants Alavi Foundation and 650 Fifth Avenue Company (collectively, Claimants). For the reasons herein, the Court should deny the relief sought by the Claimants. (mro) (Entered: 06/17/2013)
2013-06-17	71	0		ORDER: IT IS HEREBY ORDERED: The parties shall appear for a status conference on Wednesday, July 10, 2013, at 12:30 p.m. The joint pretrial order and accompanying materials required in the Rule 3 of the Court's Individual Practices in Civil Cases are due August 26, 2013, at 5:00 p.m. The courtesy copies of these materials should be delivered directly to chambers; upon arrival at the courthouse, couriers should advise the Court Security Officers to call Chambers to arrange for pickup. The parties shall appear for a final pretrial conference on Wednesday, September 4, 2013, at 9:00 a.m. As previously ordered, trial in this matter shall commence Monday, September 9, 2013, at 9:00 a.m. ( Pretrial Order due by 8/26/2013.), ( Final Pretrial Conference set for 9/4/2013 at 09:00 AM before Judge Katherine B. Forrest., Jury Trial set for 9/9/2013 at 09:00 AM before Judge Katherine B. Forrest., Status Conference set for 7/10/2013 at 12:30 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 6/17/2013) (mro) (Entered: 06/17/2013)
2013-06-18	72	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 6/17/13 re: Counsel respectfully submits this letter on behalf of the Alavi Foundation to request an extension (15 pages) of the page limit for a memorandum of law that the Foundation intends to submit in support of a motion to suppress evidence that the Government seized from the Foundation's offices on December 19, 2008. The Government consents to this request. ENDORSEMENT: Ordered: Application granted. (Signed by Judge Katherine B. Forrest on 6/18/2013) (mro) (Entered: 06/18/2013)
2013-06-24	73	0		ORDER: The Court is considering whether to hold the motion of the Djhanbani, Vahabzedeh, Khosrowshahi, and Khoshkish claimants for a determination of the validity and priority of their claims (ECF No. 368), as well as the Government's motion to dismiss those claims (ECF No. 383), in abeyance pending the outcome of the September 2013 trial. It is hereby ORDERED that, not later than 5:00 p.m., Thursday, June 27, 2013, any party wishing to express a position as to whether the Court needs to resolve these motions prior to trial shall submit a letter (by PDF attachment to ForrestNYSDChambers@nysd.uscourts.gov, copying all counsel). The Court notes that it generally does not refer pretrial matters to magistrate judges, so the letter submissions should not suggest such a referral. (Signed by Judge Katherine B. Forrest on 6/24/2013) (mro) (Entered: 06/24/2013)	2013-06-24 16:03:09	31b807fae5181f8e98240c398a3fca79b3f38d87
2013-06-26	74	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Michael D. Lockard dated 6/25/13 re: Counsel for the Government writes to respectfully request a limited extension of the Court's discovery deadline from June 28, 2013 to July 9, 2013, for the limited purpose of completing three noticed depositions. According to Mr. Mahallati's counsel, Mr. Mahallati will not be available for a deposition until July 2, 2013 due to his travel schedule. The Government has contacted Daniel S. Ruzumna, counsel for the Alavi Foundation and 650 Fifth Avenue Company, who does not consent to the Government's request for an extension of the Court's discovery deadline. In the event the Court grants the requested extension, the Government proposes to depose Mr. Mahallati on July 3, 2013, or at a time agreeable to Mr. Mahallati and Mr. Ruzumna, and the Government is making every effort to depose Messrs. Firooznia and Geramian by June 28, 2013. ENDORSEMENT: Ordered: Application granted. It sounds like the proverbial "shoulder is to the wheel" and the Government has been trying in good faith. Do try and take Firooznia and Geramian on or before 6/28/13. ( Deposition due by 7/9/2013., Discovery due by 7/9/2013.) (Signed by Judge Katherine B. Forrest on 6/26/2013) (mro) (Entered: 06/26/2013)
2013-06-27	75	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 6/26/13 re: Counsel writes on behalf of the Alavi Foundation and 650 Fifth Avenue Company (collectively, "Claimants") to oppose the Government's request to extend the time for it to take depositions beyond June 28, 2013. ENDORSEMENT: Ordered: Post to docket. (Signed by Judge Katherine B. Forrest on 6/26/2013) (mro) (Entered: 06/27/2013)
2013-06-28	76	0		LETTER addressed to Judge Katherine B. Forrest from Anand Sithian dated 6/28/13 re: The Government writes to respectfully request a protective order pursuant to Federal Rules of Civil Procedure 26(b)(2)(C) and 26(c) quashing a Rule 30(b)(6) notice of deposition and cross-notice of deposition by claimants the Alavi Foundation, 650 Fifth Avenue Company, Assa Corporation, and Assa Co. Ltd. for testimony from the United States Department of the Treasury, Office of Foreign Assets Control (OFAC). (mro) (Entered: 07/01/2013)
2013-07-02	77	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Peter I. Livingston dated 7/2/13 re: Counsel requests that the Assa Claimants' time to oppose the Government's most recent submission with respect to its request to vitiate the attorney-client and work product privileges based on the Governments assertion of the "crime-fraud exception," and Assa Claimants' time to oppose the Government's motion to quash their clients' notice of deposition on the Office of Foreign Assets Control ("OFAC"), be extended to July 12, 2013 in light of the July 4, 2013 holiday. Counsel also requests 15 additional pages per motion, to respond to the Government's two outstanding motions. ENDORSEMENT: ORDERED: Any defendant wishing to respond to the Government's crime-fraud submission shall submit its response via email not later than July 12, 2013, at 12:00 p.m. The deadline to respond to the motion to quash the OFAC subpoena is also July 12, 2013, at 12:00 p.m. The Court grants an additional fifteen pages (for a total of eighteen) for these responses to both the OFAC and crime-fraud motions. ( Responses due by 7/12/2013) (Signed by Judge Katherine B. Forrest on 7/2/2013) (mro) (Entered: 07/02/2013)
2013-07-02	78	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Donald F. Luke dated 6/27/13 re: Counsel writes to advise the Court and the parties of the need for Assa to exercise the right provided to Assa in the Court's June 5, 2013 Memorandum and Order to schedule depositions following what would otherwise be tomorrow's deadline for the completion of deposition discovery. ENDORSEMENT: Ordered: If depositions as set forth above are required on July 29-31, the Court shall allow them to proceed. The Court received no response from the Government. ( Deposition due by 7/31/2013.) (Signed by Judge Katherine B. Forrest on 6/27/2013) (mro) (Entered: 07/02/2013)
2013-07-03	79	0		ORDER: IT IS HEREBY ORDERED that the Government shall submit its opposition to the Alavi defendants' motion for suppression of evidence (ECF No. 535) not later than July 16, 2013; any reply is due July 23, 2013. IT IS FURTHER ORDERED that any party filing a brief and supporting factual materials as regards the suppression motion shall concurrently (rather than when the motion is fully briefed) submit two courtesy copies of that party's papers to Chambers. As such, the Alavi defendants shall submit two courtesy copies of their opening brief and supporting materials not later than Monday, July 8, 2013, at 12:00 p.m. ( Responses due by 7/16/2013, Replies due by 7/23/2013.) (Signed by Judge Katherine B. Forrest on 7/3/2013) (mro) (Entered: 07/03/2013)
2013-07-03	80	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Martin S. Bell dated 7/2/13 re: Counsel for the Government submits this letter to request clarification regarding the Court's Order issued earlier today. Counsel requests confirmation that the July 2, 2013 Order merely allowed for such depositions to proceed, but did not order those depositions to take place, particularly if the Assa deponents have not taken appropriate steps to respond properly and be deposed in the United States. ENDORSEMENT: ORDERED: The Court's July 2, 2013, Order merely permitted the depositions of the Assa representatives to proceed on July 29-31 should the parties decide to hold such depositions; the Court neither ordered the depositions to take place nor precluded them. The Court notes that it did appear from defendants' letter that an appropriate time and location for such depositions presented some complexities and that Dubai appeared to be a reasonable choice. To the extent the parties have unresolved issues as regards the propriety and location of these depositions, they should raise those issues by formal letter after the meet-and-confer process has not resulted in an agreement. (Signed by Judge Katherine B. Forrest on 7/3/2013) (mro) (Entered: 07/03/2013)
2013-07-10	81	0		LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 7/9/13 re: For the reasons set forth herein, the Court should order that the Government produce outstanding discovery materials promptly, order that the Government produce a privilege log, order that the Government arrange security clearance applications on an expedited basis, allow the 30(b)(6) deposition of a representative of the IRS to proceed, and impose other relief necessary to avoid prejudice to Claimants in this litigation. (mro) (Entered: 07/10/2013)
2013-07-11	82	0		LETTER addressed to Judge Katherine B. Forrest from Martin S. Bell dated 7/10/13 re: The Government respectfully submits this letter in response to Claimant Alavi Foundation and 650 Fifth Avenue Company (Claimants) sent last night. At about 7:00 p.m. on July 3, 2013, the night before the Independence Day holiday, we received an e-mail containing a letter from Melissa Ginsberg, Esq., counsel for Claimants, raising several discovery issues. That letter is attached as Exhibit A. Yesterday, the undersigned responded to the e-mail, indicating that a response was forthcoming by this morning, at the latest. That communication is attached as Exhibit B. (mro) (Entered: 07/11/2013)
2013-07-11	83	0		ORDER: As stated on the record at the July 10, 2013, status conference in the above-captioned matter, it is hereby ORDERED: Defendants' motion to compel production of documents withheld by the Government on the bases of law enforcement privilege or national security classification or, in the alternative, to produce a detailed privilege log, is DENIED. The Court finds that the Government has satisfied its burden of showing that the law enforcement privilege applies to the documents in question in this case, as outlined by the Second Circuit in In re The City of New York, 607 F.3d 923 (2d Cir. 2010). Further, the Court has reviewed a sampling of the documents in camera according to the procedures set out in City of New York, and finds that the "public interest in nondisclosure" outweighs "the need of a particular litigant for access to the privileged information," and that defendants have not demonstrated a "compelling need" that would overcome the "strong presumption" against lifting the law enforcement privilege. See id. at 950 (citing In re Sealed Case, 856 F.2d 268, 271-72 (D.C. Cir. 1988). Not later than July 31, 2013, the Government shall submit a letter attesting that the sample provided to the court in connection with its ex parte, in camera review of defendants' law enforcement and classification privilege motion was representative of the production as a whole. If the government cannot make this representation, not later than July 31, 2013 it shall submit an additional set of representative documents for ex parte, in camera review. Not later than July 31, 2013, the Government shall produce all documents required to be produced via the parties' agreed-upon sampling methodology. Not later than August 2, 2013, defendants shall submit a letter detailing which documents they have received as part of this sampling and which have not been provided. The parties shall appear for a status conference on August 7, 2013, at 9:00 a.m. Not later than August 9, 2013, the Government shall produce all remaining electronically stored information subject to production in this matter (i.e., relevant and not privileged or classified). Failure to meet this deadline may result in an adverse jury instruction. Not later than September 9, 2013, the Government shall submit a letter broadly describing the types of documents that were provided to the court in connection with its ex parte, in camera review of defendants' law enforcement and classification privilege motion. (Signed by Judge Katherine B. Forrest on 7/10/2013) (mro) (Entered: 07/11/2013)
2013-07-12	84	0		LETTER addressed to Judge Katherine B. Forrest from Peter Livingston dated 7/11/13 re: Counsel is writing in opposition to the Government's June 27, 2013 letter in which with the Government seeks to prevent the Assa Claimants from invoking their rights to the protections afforded them pursuant to the attorney-client privilege, the attorney work-product privilege and other relevant privileges, on the basis of the "crime-fraud" exception. (mro) (Entered: 07/12/2013)
2013-07-12	85	0		LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 7/12/12 re: For all of the reasons described herein, the Government's motion for a protective order should be denied. Claimants respectfully request that the Court order the Government to produce an OFAC witness for deposition within thirty days. (mro) (Entered: 07/12/2013)
2013-07-12	86	0		LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 7/12/12 re: For all of the reasons described above, the Government's objection to Claimants' assertion of privilege and work product protection and its request for the Court to apply the crime-fraud exception to deny these protections should be denied. If, however, the Court were to grant the Government's motion, Claimants respectfully request ten days to determine whether to seek mandamus in order to protect their privileges. (mro) (Entered: 07/12/2013)
2013-07-16	87	0		ORDER: The Court wishes to inquire as to whether defendants have examined the Government's annotations contained in the PDF versions of the privilege logs submitted with the Government's crime-fraud exception motion and, if so, whether defendants' responses address those annotations. If defendants wish to respond to those annotations and have not yet done so, they shall submit a letter stating the earliest date by which they could respond. (Signed by Judge Katherine B. Forrest on 7/16/2013) (mro) (Entered: 07/16/2013)
2013-07-16	88	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Deborah B. Koplovitz dated 7/16/13 re: Counsel writes on behalf of Assa Corp and Assa Limited in response to the endorsement on the Court's docket, number 554 (in 08-cv-10934), in which the Court inquired as to whether defendants have examined the Government's annotations contained in the PDF versions of the privilege logs submitted with the Government's crime-fraud exception motion and, if so, whether defendants' responses address those annotations. Counsel requests until 7/26/13 to respond to the annotations. ENDORSEMENT: Ordered: Application granted. (Signed by Judge Katherine B. Forrest on 7/16/2013) (mro) Modified on 7/17/2013 (mro). (Entered: 07/17/2013)
2013-07-17	89	0		LETTER addressed to Judge Katherine B. Forrest from Anand Sithian dated 7/15/13 re: The Government respectfully requests that the Court order Assa to produce its owners and employee to sit for depositions in the Southern District of New York, and to appear for trial on September 9, 2013, and if they fail to so appear, the Government respectfully requests that the Court dismiss Assas verified claim and answer, pursuant to Federal Rule 37(b)(2)(A). In the alternative, the Government respectfully requests that the Court order Assas owners and employee to appear for trial and order that any Dubai depositions, should they occur as scheduled, be treated as discovery depositions and not trial depositions. (mro) (Entered: 07/17/2013)
2013-07-17	90	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 7/16/13 re: Counsel writes on behalf of the Alavi Foundation (the "Foundation") and the 650 Fifth Avenue Company ("Fifth Avenue Company" and, collectively, "Claimants") in response to the Court's Order dated July 16, 2013, inquiring whether defendants have examined the Government's annotations contained in the PDF versions of the privilege logs and whether Claimants intend to respond to those annotations. Unless instructed otherwise by the Court, counsel intends to address the Government's annotations by 5 p.m. on July 19, 2013. ENDORSEMENT: Ordered: 7/19/13 is fine--but Assa has an extension to 7/26/13--and so you may submit any additional materials by 7/26/13 if you choose to do so. (Signed by Judge Katherine B. Forrest on 7/17/2013) (mro) (Entered: 07/17/2013)
2013-07-17	91	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Anand Sithian dated 7/17/13 re: The Government respectfully submits this letter to request an extension of the page limits for a memorandum of law that the Government intends to submit in opposition to the motion to suppress filed by the Alavi Foundation and 650 Fifth Avenue Company (collectively, "Alavi"). The Court permitted Alavi to file an oversized brief of 40 pages, and Alavi took full advantage of that extension of the page limits. The Government respectfully requests a 15-page extension to properly address the numerous arguments raised by Alavi. ENDORSEMENT: Ordered: Application granted. (Signed by Judge Katherine B. Forrest on 7/17/2013) (mro) (Entered: 07/18/2013)
2013-07-19	92	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Kathleen A. Roberts dated 7/15/13 re: Counsel is writing pursuant to the Court's April 28, 2010 Order for Appointment of Monitor to request that the Court approve payment of the fees incurred by counsel as Court-appointed Monitor, as set forth in detail in the attached invoices to the Alavi Foundation, totaling $1,232.00, and to 650 Fifth Avenue Company, totaling $20,262.00. As set forth in the attached letter from counsel for the Alavi Foundation and 650 Fifth Avenue Company, these invoices have been reviewed by the Alavi Foundation and 650 Fifth Avenue Company, which have no objection to this request. ENDORSEMENT: Ordered: Application granted. (Signed by Judge Katherine B. Forrest on 7/18/2013) (mro) (Entered: 07/19/2013)
2013-07-19	93	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Anand Sithian dated 7/18/13 re: The Government respectfully submits this letter to request permission to reply to the letter submitted earlier today by counsel for Assa Corp. and Assa Limited ("Assa"). Assa raises significant issues of fact to which the Government would like to respond. If the Government's application is granted, a reply will be submitted no later than Monday, July 22, 2013, if not sooner. ENDORSEMENT: Ordered: Application granted. (Signed by Judge Katherine B. Forrest on 7/19/2013) (mro) (Entered: 07/19/2013)
2013-07-22	94	0		LETTER addressed to Judge Katherine B. Forrest from Anand Sithian dated 7/15/13 re: The Government writes to respectfully request that the Court compel the purported owners and employee of Assa Corp. and Assa Limited (collectively, "Assa") claimant and party to this litigation-to sit for depositions in the Southern District of New York, and to appear for trial on September 9, 2013, and take all steps necessary to appear in this District, including but not limited to obtaining visas to come to the United States. (mro) (Entered: 07/22/2013)
2013-07-22	95	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 7/18/13 re: Counsel writes on behalf of the Alavi Foundation and 650 Fifth Avenue Company (collectively, "Claimants") in response to the Government's July 15, 2013 letter regarding the upcoming depositions of Assa Corporation and/or Assa Company Ltd. (collectively, "Assa") witnesses in Dubai. The Government seeks an order requiring the Assa witnesses to appear for deposition in the Southern District of New York or, alternatively, an order directing that the Dubai depositions be treated as discovery depositions, not trial depositions. As stated below, Claimants are indifferent as to where the depositions take place; however, it is imperative that the depositions go forward and, if the Assa witnesses are not available for trial, that their depositions be admissible at trial, as provided by Federal Rule of Civil Procedure 32(a)(4). ENDORSEMENT: Ordered: Post to docket. (Signed by Judge Katherine B. Forrest on 7/22/2013) (mro) (Entered: 07/22/2013)
2013-07-22	96	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Donald F. Luke dated 7/18/13 re: This letter is submitted on behalf of Assa Corp. and Assa Limited (collectively "Assa Claimants"), in opposition to the Government's July 15, 2013, letter wherein the Government seeks to compel Davood Shakeri, Fatemeh Aghamiri, and Mohammad Hassan Deghani Tafti (collectively, the "Assa Deponents") to appear for a deposition in the Southern District of New York, and again for the trial in this action. The Government continues to press this faulty assertion, despite this Court's order at the July 10, 2013 conference (the "July 10 Court Conference") that depositions are to be taken in Dubai, and/or by video conference, and that same are to be trial depositions. ENDORSEMENT: Ordered: Post to docket. (Signed by Judge Katherine B. Forrest on 7/22/2013) (mro) (Entered: 07/22/2013)
2013-07-22	97	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 7/19/13 re: Counsel writes on behalf of the Alavi Foundation (the "Foundation") and the 650 Fifth Avenue Company ("Fifth Avenue Company" and, collectively, "Claimants") to supplement their July 12, 2013 letter in response to the Government's renewed motion requesting a finding that Claimants' otherwise privileged attorney-client communications and attorney work product are subject to discovery because of the crime-fraud exception and, more specifically, to address the Government's annotations to the Foundation's privilege logs. For the reasons described herein and in their July 12, 2013 letter, the Government's request for the Court to apply the crime-fraud exception to deny these protections should be denied. ENDORSEMENT: Ordered: Post to docket. (Signed by Judge Katherine B. Forrest on 7/22/2013) (mro) (Entered: 07/22/2013)
2013-07-22	98	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Anand Sithian dated 7/19/13 re: The Government respectfully submits this letter to respond to the issues raised by Assa Corp. and Assa Limited (collectively, "Assa") in their July 18, 2013, letter to the Court ("July 18 Letter"). Yesterday, Assa raised the issue of "safe passage" letters for Davood Shakeri, Fatemeh Aghamiri, and Mohammad Hassan Deghani Tafti (collectively, the "Assa Witnesses") to sit for depositions at the U.S. Consulate in Dubai. The Government believes the issues are fully briefed for the Court, but expresses a desire for counsel for Assa to make its witnesses available at the U.S. Consulate, in Dubai, on July 29-31, 2013, for noticed depositions. The Government has gone to great lengths to accommodate Assa's numerous requests, and the Government wishes to have these depositions occur as scheduled, so all parties can move forward and prepare for trial. ENDORSEMENT: Ordered: The Assa witnesses shall be deposed at the U.S. Consulate in Dubai on the dates scheduled. Failure to appear may result in sanctions pursuant to Rule 37, including striking of pleadings. The parties shall proceed as if the depositions may be used at trial. Should Assa not appear at trial, the Court will consider what action to take at that time re potential jury instructions, striking of pleadings, etc. (Signed by Judge Katherine B. Forrest on 7/22/2013) (mro) (Entered: 07/22/2013)
2013-07-22	99	0		LETTER addressed to Judge Katherine B. Forrest from Ralph P. Dupont dated 7/17/13 re: Counsel writes on behalf of counsel for the Hegna-Defendants-Claimants in the above captioned action. The Hegnas agree that there is no reason why discovery depositions could not be scheduled for Montreal, Canada, by agreement. In the alternative, by agreement or Court order, the Owners-Claimants could be required to pay all travel, lodging and meal expenses of the Hegnas' counsel in connection with attendance at said depositions, provided, further, that the Government agrees to provide reasonable assurance of the undersigned's personal safety traveling to and from Dubai and while there. (mro) (Entered: 07/22/2013)
2013-07-22	100	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 7/18/13 re: Counsel writes on behalf of the Alavi Foundation and 650 Fifth Avenue Company (collectively, "Claimants") seeking an order precluding testimony from Lloyd Hitoshi Mayer, the Government's designated expert witness on tax law. Mr. Mayer was not identified on the Government's May 21, 2013 witness list, and submitted his report the day before the close of discovery and well outside the time frame required by Federal Rule of Civil Procedure 26. Accordingly, his testimony should be precluded. ENDORSEMENT: Ordered: Post to docket. (Signed by Judge Katherine B. Forrest on 7/22/2013) (mro) (Entered: 07/23/2013)
2013-07-22	101	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Martin S. Bell dated 7/22/13 re: The Government respectfully submits this letter in response to the Alavi Foundation's and 650 Fifth A venue Company's (collectively, "Claimants") letter motion dated July 18, 2013. In their motion, Claimants request that the Court preclude testimony by the Government's expert Lloyd H. Mayer. Mr. Mayer is an expert in the area of tax law and has been retained to provide very limited testimony regarding the Unrelated Business Income Tax ("UBIT")-specifically, to explain what it is. Counsel asks the Court not to preclude his testimony. ENDORSEMENT: ORDERED: The Court will allow any defendant wishing to reply to the Government's opposition to the letter motion to preclude Mr. Mayer to do so. Any reply must be received not later than C.O.B. 7/25/13. (Signed by Judge Katherine B. Forrest on 7/22/2013) (mro) (Entered: 07/23/2013)
2013-07-22	102	0		ORDER: The Court has reviewed the Government's letter motion dated June 28, 2013, seeking a protective order precluding defendants' noticed Rule 30(b)(6) deposition of a representative of the Office of Foreign Assets Control ("OFAC") (ECF No. 534), as well as responses from defendant-claimants Alavi Foundation and 650 Fifth Ave. Corp. dated July 12, 2013 (ECF No. 549) and from defendant-claimants Assa Corp. and Assa Co. Ltd. dated July 11, 2013 (ECF No. 551). It is hereby ORDERED that the Government's motion for a protective order regarding OFAC is DENIED. The Government may make any assertions of privilege at the deposition, as appropriate. The Court notes the presence of an OFAC representative on the Government's proposed witness list (ECF No. 470), as well as references to OFAC throughout this case, as permitting this deposition to proceed. (Signed by Judge Katherine B. Forrest on 7/22/2013) (mro) (Entered: 07/23/2013)
2013-07-23	103	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Curtis C. Mechling dated 7/22/13 re: Counsel represents the Greenbaum, Acosta, Beer, and Kirschenbaum Plaintiffs (collectively, "Plaintiffs") in the above-referenced consolidated and related proceedings before your Honor. Counsel writes to the Court concerning the Alavi Foundation's motion to suppress evidence (Doc. No. 535). Counsel reserves their right to oppose any future or additional motion regarding the use of the Evidence, if and when one is made. ENDORSEMENT: Ordered: Post to docket. (Signed by Judge Katherine B. Forrest on 7/22/2013) (mro) (Entered: 07/23/2013)
2013-07-23	104	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Anand Sithian dated 7/23/13 re: Counsel for the Government proposes the following revised briefing schedule: Opening briefs by any party: August 13, 2013; Opposition briefs: August 27, 2013; Replies: September 3, 2013. ENDORSEMENT: Ordered: Any summary judgment motions must be fully briefed by August 30, 2013. (Schedule proposed denied). ( Motions due by 8/30/2013.) (Signed by Judge Katherine B. Forrest on 7/23/2013) (mro) (Entered: 07/23/2013)
2013-07-25	105	0		MEMORANDUM DECISION & ORDER: Before the Court is the Government's renewed motion to compel discovery of privileged materials on the basis of the crime-fraud exception. This is the Government's second chance to make a showing of probable cause that the challenged communications were in furtherance of a crime or fraud. The Government alleges that a fraudulent scheme existed whereby defendant-claimants Alavi Foundation and 650 Fifth Ave. Co. ("Alavi") and Assa Corp. and Assa Co. Ltd. ("Assa") and their counsel would (a) conceal the ownership by Bank Melli, an Iranian government bank, of Assa and (b) conceal the influence of Iranian governmental agencies and officials in the formation and operations of Alavi. For the reasons set forth herein, the Government's motion for discovery on the basis of the crime-fraud exception is DENIED. (Signed by Judge Katherine B. Forrest on 7/25/2013) (mro) (Entered: 07/25/2013)
2013-07-25	106	0		LETTER addressed to Judge Katherine B. Forrest from Anand Sithian dated 7/24/13 re: The Government respectfully submits this letter to inform the Court of developments regarding the depositions scheduled in Dubai for July 29-31, 2013, and to request a teleconference with the Court on Thursday, July 25, 2013, to address outstanding Dubai deposition issues. (mro) (Entered: 07/25/2013)
2013-07-25	107	0		LETTER addressed to Judge Katherine B. Forrest from Donald F. Luke dated 7/24/13 re: This letter is submitted on behalf of Assa Corp. and Assa Limited (collectively, the Assa Claimants), in response to the letter submitted to the Court this evening regarding the depositions of certain Assa Claimants witnesses scheduled to occur in Dubai next week. (mro) (Entered: 07/25/2013)
2013-07-25	108	0		LETTER addressed to Judge Katherine B. Forrest from Martin S. Bell dated 7/25/13 re: The Government respectfully submits this letter to reaffirm its request for a teleconference with the Court today concerning outstanding Dubai deposition issues. (mro) (Entered: 07/25/2013)
2013-07-26	109	0		ORDER: It is therefore ORDERED: 1. The allocation of time and order for each Assa Deponent deposition shall be as follows: Alavi shall be the first party to examine each witness, for a maximum of three (3) hours. The Government shall follow, for a maximum of three and one-half (3.5) hours. The private judgment creditors shall then have thirty (30) minutes to conduct their examination. 2. Should Assa choose to question any of its witnesses at the end of the seven hours, it shall permit a reasonable opportunity for the other parties to cross-examine any such witness either that day or on one of the other days in Dubai. 3. The private judgment creditor plaintiffs may choose to cede their 30 minute examination time to the Government, should they and the Government consent to do so. 4. The Court notes that it has ordered these depositions to proceed as if they are trial depositions; it has not ruled on the efforts of any party to compel these witnesses to testify live at trial, or the admissibility of the evidence to be taken in these depositions. The Court is especially mindful of issues that could result from the deposition time constraints here imposed should any of the Assa Deponents appear live at trial. The Court reiterates that it is not ruling on the admissibility of evidence at this time. (Signed by Judge Katherine B. Forrest on 7/26/2013) (mro) (Entered: 07/26/2013)
2013-07-25	110	0		LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 7/25/13 re: Counsel states that the Government should not be permitted first to disregard the Court's order to produce a witness list, and then, to call a witness to testify who was not identified on its long-overdue list, at least under the present circumstances in which the relevancy of these issues was so obvious. (mro) (Entered: 07/26/2013)
2013-07-26	111	0		LETTER addressed to Judge Katherine B. Forrest from Martin S. Bell dated 7/25/13 re: The Government respectfully requests four hours of questioning time of the seven currently understood to be available for parties other than Claimant Assa Corp. and Assa Co. Limited (Assa) in the depositions of Fatemah Aghamiri, Davood Shakiri, and Mohammad Dehghani Tafti (the Assa Witnesses). The Government further requests that (1) Assas questioning time be limited to one hour in addition to the aforementioned seven hours and that (2) the questioning proceed in the order listed herein. (mro) (Entered: 07/26/2013)
2013-07-26	112	0		LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 7/25/13 re: Counsel writes on behalf of the Alavi Foundation and 650 Fifth Avenue Company to explain why Claimants require 3 hours of deposition questioning for each of Davood Shakeri, Fatemeh Aghamiri, and Mohammad Hassan Dehghani Tafti. (mro) (Entered: 07/26/2013)
2013-07-26	113	0		LETTER addressed to Judge Katherine B. Forrest from Peter I. Livingston dated 7/25/13 re: Counsel for the Claimants Assa Corp. and Assa Limited writes with respect to the allocation of time for the depositions noticed for July 29-31 in Dubai, U.A.E, in accordance with Your Honors direction during the telephone conference today. (mro) (Entered: 07/26/2013)
2013-07-26	114	0		LETTER addressed to Judge Katherine B. Forrest from Monica Hanna dated 7/25/13 re: This letter is submitted on behalf of the Greenbaum, Acosta, Beer, and Kirschenbaum Judgment Creditors (collectively, the "GABK Judgment Creditors"), in response to the Courts request for an explanation of our request that the GABK Judgment Creditors and all the other private plaintiffs be allowed 45 minutes to examine each of the Assa Corp. and Assa Co. Ltd. (collectively, Assa) witnesses in Dubai. (mro) (Entered: 07/26/2013)
2013-07-26	115	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Donald F. Luke dated 7/26/13 re: This letter is submitted on behalf of Assa Corp. and Assa Limited (collectively, the "Assa Claimants"), regarding the depositions of certain Assa Claimants witnesses scheduled to occur in Dubai next week. Counsel has just been informed by two of the witnesses, Mr. Shakeri and Mrs. Aghamiri, that they remain fearful of appearing at the United States Consulate in Dubai for their scheduled depositions next week. Counsel has informed counsel for Alavi, 650 Fifth Avenue and the Government of this information and is attempting to work out with the Government a mutually agreeable location for these depositions. ENDORSEMENT: Ordered: Post to docket. (Signed by Judge Katherine B. Forrest on 7/26/2013) (mro) (Entered: 07/26/2013)
2013-07-26	116	0		ORDER: The Court has reviewed the correspondence of today's date from counsel for Assa Corp. and Assa Co. Ltd. casting doubt as to whether its representatives Davood Shakeri, Fatemeh Aghamiri, and Mohammad Hassan Dehghani Tafti (the "Assa Deponents") will appear for depositions set to take place at the U.S. Consulate in Dubai on July 29-31, 2013. The Court notes that these depositions have been carefully scheduled and located at the U.S. Consulate, and a variety of arrangements have been made by the parties to ensure they can take place. It is therefore ORDERED that, not later than 5:00 p.m. today (July 26, 2013), counsel for Assa shall confirm that these depositions shall take place as scheduled, or will face severe sanctions pursuant to Fed. R. Civ. P. 37. (Signed by Judge Katherine B. Forrest on 7/26/2013) (mro) (Entered: 07/26/2013)
2013-07-26	117	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 7/26/13 re: Counsel submits this letter on behalf of the Alavi Foundation and the 650 Fifth Avenue Company to request an extension of the page limits for their reply memorandum of law related to their motion to suppress evidence. ENDORSEMENT: Ordered: Application granted. (Signed by Judge Katherine B. Forrest on 7/26/2013) (mro) (Entered: 07/29/2013)
2013-07-26	118	0		LETTER addressed to Judge Katherine B. Forrest from Martin S. Bell dated 7/26/13 re: The Government respectfully submits this letter in response to Claimant Assa Corp. and Assa Co. Ltd.s (Assa) letter concerning the refusal, announced today, of its Witnesses, Davood Shakeri and Fatemeh Aghamiri (the Witnesses), to comply with this Courts earlier Order and participate in scheduled depositions in Dubai. The Court previously ordered that the depositions were to take place at the United States Consulate in Dubai. The Governments representatives are due to board flights bound for Dubai tomorrow. These developments and the uncertainty surrounding them will only add to the mounting expenses related to these depositions. Accordingly, we ask the Court to order that the depositions take place as scheduled, and to order that by 5:00 p.m. today, Assa confirm (1) that the Witnesses will not be attending and (2) that Tafti, conversely, will be attending his deposition as scheduled on Wednesday. (mro) (Entered: 07/29/2013)
2013-07-26	119	0		LETTER addressed to Judge Katherine B. Forrest from Donald F. Luke dated 7/26/13 re: This letter is submitted on behalf of Assa Corp. and Assa Limited (collectively, the Assa Claimants), in response to the Courts order of this afternoon. We can confirm that two of the three witnesses, Mr. Shakeri and Mr. Tafti, will attend the depositions at the Consulate as scheduled. We are still working on Mrs. Aghamiri. (mro) (Entered: 07/29/2013)
2013-07-30	120	0		MEMO ENDORSEMENT granting (591) Motion to Withdraw Jeremy S. Rosof as Attorney for the GABK Parties. in case 1:08-cv-10934-KBF; granting (248) Motion to Withdraw as Attorney in case 1:09-cv-00553-KBF; granting (233) Motion to Withdraw as Attorney in case 1:09-cv-00564-KBF; granting (209) Motion to Withdraw as Attorney in case 1:10-cv-02464-KBF. ENDORSEMENT: So ordered. (Signed by Judge Katherine B. Forrest on 7/29/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (Signed by Judge Katherine B. Forrest on 7/29/2013) (mro) (Entered: 07/30/2013)
2013-07-31	121	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 7/25/13 re: Counsel writes on behalf of the Alavi Foundation (the "Foundation") and 650 Fifth Avenue Company ("Fifth Avenue Company" and, collectively, "Claimants") in further support of their July 18, 2013 letter seeking an order precluding testimony from Lloyd Hitoshi Mayer, the Government's designated expert witness on tax law. As explained in the previous letter, despite the fact that tax issues have been made part of the case by the Government from the beginning, Mr. Mayer was not identified on the Government's 51-day late witness list and his report was produced the day before the close of discovery. The Government should not be permitted first to disregard the court's order to produce a witness list, and then, to call a witness to testify who was not identified on its long-overdue list, at least under the present circumstances in which the relevancy of these issues was so obvious. ENDORSEMENT: ORDERED: The Court agrees that the "tax issue" has been part of the Government's case and contentions since this action was filed. That the defendants might disagree on appropriate tax treatment or other tax issues raised by such contentions cannot be a surprise. That questioning at depositions revealed the obvious is not "good cause" for the belated retention of an expert on this issue. There have been too many deadlines passed by the Government to allow yet one more. There is prejudice to defendants to be presented with an expert report at this late date. Accordingly, the Court precludes the belatedly-identified Mr. Mayer. (Signed by Judge Katherine B. Forrest on 7/31/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro) (Entered: 07/31/2013)
2013-08-01	122	0		ORDER: The Court has reviewed an ex parte submission by the Government dated July 31, 2013, in which it responds to the Court's Order of July 10, 2013, concerning the representativeness of the sample of documents provided for the Court's in camera, ex parte review of material withheld on the bases of national security classification and the law enforcement privilege. Based upon the Government's representations, the Court is satisfied that the sample provided was representative of the production as a whole-in fact, the Government provided a nearly complete sample of the various case files. The Court shall not issue further relief as regards defendants' crime-fraud motion. The Government's letter shall be filed under seal. (Signed by Judge Katherine B. Forrest on 7/31/2013) ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro) (Entered: 08/01/2013)
2013-08-01	123	0		ORDER: At the status conference scheduled for Wednesday, August 7, 2013, the Government, counsel for the Alavi defendants, and any other interested parties shall be prepared to address Alavi's pending motion for suppression of evidence. (ECF No. 535.) The parties shall be prepared to address the arguments made in their respective briefs, and in addition, shall address the following: 1. Whether the Post-Complaint Protective Order of December 17, 2008 and civil discovery production obligations render the suppression motion moot? 2. If the Court finds that Alavi was required to produce all of the documents seized in the December 18, 2008, search as a result of the Protective Order or discovery obligations, must the Court make such a finding under the legal framework of the "inevitable discovery" exception, or is the Fourth Amendment framework wholly inapplicable? Is a suppression hearing nevertheless required? 3. The parties shall be prepared to address, with particularity, how the Government could (or could not) have lawfully obtained each category of evidence seized in the December 18, 2008, search. Allavi and the Government may make formal presentations in this regard if they so choose. (Signed by Judge Katherine B. Forrest on 8/1/2013) ***Docketed in all member and related cases pursuant to instructions from Chambers.(mro) (Entered: 08/01/2013)
2013-08-05	124	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Anand Sithian dated 8/2/13 re: The Government respectfully submits this letter to request permission to file a formal motion for sanctions against Assa Corp. and Assa Co. Limited (collectively, "Assa"), pursuant to Federal Rules of Civil Procedure 37, without first having an informal conference with the Court, as required under Local Civil Rule 37.2, for Assa's refusal to be deposed in Dubai this week. ENDORSEMENT: Ordered: Application granted. This can be done by formal memorandum or letter motion--either of which will be treated similarly. (Signed by Judge Katherine B. Forrest on 8/5/2013) ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro) (Entered: 08/05/2013)
2013-08-05	125	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 8/2/13 re: Counsel respectfully writes on behalf of the Alavi Foundation (the "Foundation") and the 650 Fifth Avenue Company ("Fifth Avenue Company" and, collectively, "Claimants") in accordance with the Court's July 10, 2013 Order (Dkt. No. 547) directing the Government to produce documents pursuant to the parties agreed-upon sampling protocol, and instructing Claimants to submit a letter detailing which documents have been received as part of that protocol. ENDORSEMENT: Ordered: The Government should be prepared to address the issues raised herein at the 8/7/13 conference. All parties should be prepared to discuss appropriate relief. (Signed by Judge Katherine B. Forrest on 8/5/2013) ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro) (Entered: 08/05/2013)
2013-08-06	126	0		ORDER: The Clerk of Court is hereby directed to remove the Eleventh Quarterly Report of Monitor Kathleen A. Roberts (ECF No. 439) from the public docket. The Court shall refile the report under seal. (Signed by Judge Katherine B. Forrest on 8/5/2013) ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro) (Entered: 08/06/2013)
2013-08-06	127	0		ORDER: Any party wishing to respond to the Government's motion for sanctions against the Assa Defendants (ECF No. 604) shall do so not later than Friday, August 16, 2013, at 12:00 p.m. ( Responses due by 8/16/2013) (Signed by Judge Katherine B. Forrest on 8/6/2013) ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro) (Entered: 08/07/2013)
2013-08-07	128	0		ORDER: As stated on the record at the August 7, 2013, status conference, it is hereby ORDERED: 1. The parties shall hold August 29, 2013, at 9:00 a.m. for a possible suppression hearing. The Court shall issue a further order confirming or adjourning this date. 2. Not later than Friday, August 9, 2013, the Government shall submit a letter stating the earliest date upon which it could submit the 2,859 pages of previously-produced ESI to the Court in unredacted form for review in camera. 3. Not later than August 16, 2013, any party wishing to do so shall submit its views (preferably in the form of a joint letter) as to which claims should/must be tried to the bench and which should/must be tried to a jury. 4. Any motions for summary judgment shall be filed not later than August 16, 2013. Any opposition briefs are due August 30, 2013. Any replies are due September 5, 2013. 5. Each party shall submit two hard copies of its unredacted summary judgment motion papers and an emailed PDF copy to Chambers simultaneously with each ECF filing. All parties shall serve unredacted versions of their summary judgment motion papers on the other parties not later than the time of each ECF filing. 6. Any party filing a motion for summary judgment or opposition brief is granted leave to file an oversize brief of not more than 50 pages in length. Any replies shall be not more than 25 pages in length. 7. Any party wishing to file motions in limine shall do so not later than August 21, 2013. Any opposition shall be filed not later than August 28, 2013. No replies shall be filed. 8. Each party shall file a maximum of one brief encompassing all of its motions in limine. Any subsections of opposition briefs to motions in limine shall be captioned in the same order and using the same headings as the opening briefs. 9. The parties shall number (rather than letter) all trial exhibits. Each party is reminded that it waives objections as to any exhibit appearing on its own pretrial order. 10. The trial in this matter is adjourned to Monday, September 16, 2013, at 9:00 a.m. ( Motions due by 8/21/2013., Responses due by 8/30/2013, Replies due by 9/5/2013., Jury Trial set for 9/16/2013 at 09:00 AM before Judge Katherine B. Forrest., Suppression Hearing set for 8/29/2013 at 09:00 AM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 8/7/2013) (mro) (Entered: 08/08/2013)	2013-08-22 11:32:22	90af05cd551d22f82e0b9f524328c9d55244de20
2013-08-08	129	0		LETTER addressed to Judge Katherine B. Forrest from Michael D. Lockard dated 8/7/13 re: For the foregoing herein, the Government respectfully requests that the Alavi Claimants requests for discovery relief in their August 2, 2013, letter be denied in their entirety. ***Docketed in all member and related cases pursuant to instructions from Chambers.(mro) (Entered: 08/08/2013)
2013-08-09	130	0		ORDER: The final pretrial conference scheduled for Wednesday, September 4, 2013, at 9:00 a.m. shall now be heard that same day (Wednesday, September 4, 2013) at 12:00 p.m., ( Final Pretrial Conference set for 9/4/2013 at 12:00 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 8/8/2013) (lmb) (Entered: 08/09/2013)
2013-08-12	131	0		LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 8/8/13 re: Counsel submits this letter on behalf of the Alavi Foundation (the Foundation) and the 650 Fifth Avenue Company ("Fifth Avenue Company" and, collectively, "Claimants") to request that the court compel the Government to produce proper discovery from the Department of Treasury's Office of Foreign Assets Control ("OFAC"). Claimants' need for such documents is great, as Claimants will depose a representative of OFAC in the next few weeks. For the reasons described below, the Court should order the Government to produce responsive documents from OFAC before Claimants depose the OFAC representative. (mro) (Entered: 08/12/2013)
2013-08-12	132	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Richard M. Kremen dated 8/9/13 re: Counsel writes to request an extension of time until 8/19/13 to submit a response to the Motion to Preclude the Expert Testimony of Dr. Patrick L. Clawson (ECF Dkt. Nos. 614-16 in 08-cv-10934). ENDORSEMENT: ORDERED: Application for extension to August 19, 2013 granted. ( Responses due by 8/19/2013) (Signed by Judge Katherine B. Forrest on 8/12/2013) ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro) (Entered: 08/12/2013)
2013-08-12	133	0		LETTER addressed to Judge Katherine B. Forrest from Peter I. Livingston dated 8/9/13 re: Counsel states that they expect that the Government will comply with their demands for discovery and if they do not do so, counsel requests the opportunity to file, once again, another motion for sanctions against the Government. (mro) (Entered: 08/12/2013)
2013-08-12	134	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Michael D. Lockard dated 8/9/13 re: The Government respectfully submits this letter in accordance with the Courts Order dated August 7, 2013, directing the Government to advise the Court of the earliest date on which an unredacted copy of the approximately 2,859 pages of sampled non-key custodian electronically stored information (ESI) can be provided to the Court for in camera review. Counsel will provide the Court with the ESI sample by Wednesday, August 14, 2013. ENDORSEMENT: ORDERED: Wednesday 8/14 by 5:00 p.m. is fine. (Signed by Judge Katherine B. Forrest on 8/12/2013) ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro) (Entered: 08/12/2013)
2013-08-12	135	0		LETTER addressed to Judge Katherine B. Forrest from Michael D. Lockard dated 8/11/13 re: The Government respectfully submits this supplemental letter in light of the discussion concerning the Alavi Claimants motion to suppress at the August 7, 2013, conference in order to bring to the Courts attention certain materials pertinent to that discussion. (mro) (Entered: 08/12/2013)
2013-08-13	136	0		ORDER: In its review of the materials regarding the motion for suppression of evidence by defendants Alavi Foundation and 650 Fifth Ave. Co., the Court has concluded that no suppression hearing is warranted at this time. The hearing tentatively scheduled for August 29, 2013, is hereby adjourned. An opinion on the merits of the suppression motion shall follow shortly. (Signed by Judge Katherine B. Forrest on 8/13/2013) ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro) Modified on 8/13/2013 (mro). (Entered: 08/13/2013)
2013-08-14	137	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Martin S. Bell dated 8/13/13 re: The Government respectfully asks that Your Honor's August 12, 2013 Order, extending the deadline for the Judgement Creditors to respond to Claimants Alavi and 650 Fifth Avenue's (Claimants) Motions to Preclude the Expert Testimony of Dr. Patrick Clawson to August 19, 2013, apply to the Government as well. ENDORSEMENT: ORDERED: Application granted. All responses to motion to preclude Dr. Clawson due 8/19. (Signed by Judge Katherine B. Forrest on 8/14/2013) ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro) (Entered: 08/14/2013)
2013-08-14	138	0		LETTER addressed to Judge Katherine B. Forrest from Ralph P. Dupont dated 8/13/13 re: Counsel writes for the Hegna family in the above captioned actions in support of the Government's letter to the Court of even date with respect to pending suppression proceedings. The Government invites attention to the pendency of asset enforcement proceedings initiated by private plaintiffs in December, 2008, against the "Defendant Properties", the Alavi Foundation, 650 Fifth Avenue Company, Assa Corp. and Assa Co. Limited. (mro) (Entered: 08/14/2013)
2013-08-14	139	0		LETTER addressed to Judge Katherine B. Forrest from Anand Sithian dated 8/13/13 re: The Government respectfully requests that the Court deny Claimants motion to compel the production of privileged records from OFAC. (mro) (Entered: 08/14/2013)
2013-08-14	140	0		LETTER addressed to Judge Katherine B. Forrest from Anand Sithian dated 8/13/13 re: For the reasons stated in the Governments letter submitted to the Court earlier today, and the privileges asserted in the Declaration of John E. Smith (ECF Doc. No. 534), OFACs production will not include documents over which OFAC has asserted privilege. (mro) (Entered: 08/14/2013)
2013-08-14	141	0		ORDER: The Court has received the correspondence of the Alavi Claimants, the Assa Claimants, and the Government, as regards Claimants motion to compel OFAC documents. It is hereby ORDERED that, not later than Thursday, August 15, 2013, at 5:00 p.m., the Government shall submit a letter via electronic mail, responding to the questions herein. (Signed by Judge Katherine B. Forrest on 8/14/2013) ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro) (Entered: 08/14/2013)
2013-08-15	142	0		LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 8/14/13 re: For the reasons herein, the Court should exclude testimony at trial. In the alternative, and at a minimum, the Court should order the Government to turn over his source file and any other relevant documents in advance of his deposition. (mro) (Entered: 08/15/2013)
2013-08-15	143	0		LETTER addressed to Judge Katherine B. Forrest from Anand Sithian dated 8/15/13 re: The Government respectfully submits this letter to respond to the Courts Order of August 14, 2013, regarding discovery from the U.S. Department of Treasury's Office of Foreign Assets Control (OFAC). (ECF Doc. No. 641). (mro) (Entered: 08/15/2013)
2013-08-16	144	0		LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 8/15/2013 re: Counsel for Alavi Foundation and 650 Fifth Avenue Company in reply to the Government's 8/13/2013 letter concerning production of documents from the U.S. Department of Treasury's Office of Foreign Assets Control. Document filed by Alavi Foundation.(tro) (Entered: 08/16/2013)
2013-08-16	145	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Anand Sithian, Sharon Cohen Levin, Michael D. Lockard, Martin S. Bell, and Carolina Fornos dated 8/16/2013 re: The government submits this letter to request an extension of time to respond to "Alavi's" letter motion submitted to the Court on the evening of 8/14/2013. ENDORSEMENT: ORDERED: Application granted. The Government's opposition to Alavi's August 14 Letter Motion to preclude witness testimony is now due Wednesday, August 21, 2013. (Signed by Judge Katherine B. Forrest on 8/16/2013) (tro) (Entered: 08/16/2013)
2013-08-16	146	0		ORDER: The Government shall make its ex parte submission as regards the OFAC documents not later than 5:00 p.m., Wednesday, August 21, 2013. If this is not feasible, the Government shall submit a letter by Monday, August 18, 2013, proposing the earliest alternate date when it could make this submission. (Signed by Judge Katherine B. Forrest on 8/16/2013) (ft) (Entered: 08/16/2013)
2013-08-19	147	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Anand Sithian dated 8/16/13 re: The Government respectfully submits this letter to request permission to file a Reply in Support of the Governments Motion for Rule 37 Sanctions against Assa Corp. and Assa Co. Limited (collectively, Assa). (ECF Doc. No. 604 in 08-cv-10934). ENDORSEMENT: ORDERED: Application granted. Not later than August 19, 2013, the Government may submit a reply letter to the motion for sanctions against Assa. (Signed by Judge Katherine B. Forrest on 8/16/2013) (mro) (Entered: 08/19/2013)
2013-08-19	148	0		LETTER addressed to Judge Katherine B. Forrest from James L. Bernard dated 8/16/13 re: Counsel for the Greenbaum, Acosta, Beer, and Kirschenbaun Plaintiffs in the above-referenced consolidated and related proceedings before your Honor. Further to the Court's Order dated August 7, 2013 (Doc. No. 618), counsel submits this joint letter on behalf of Plaintiffs and the Hegna judgment holders (11 Civ. 03761)(KBF) to present the various parties' positions as to whether the private turnover actions (collectively, the "Private Actions") must be tried to the Court without a jury. (mro) (Entered: 08/19/2013)	2013-08-19 12:36:11	21367cad09aa26cf68621ae2d3bda5c720bb2d65
2013-08-20	149	0		LETTER addressed to Judge Katherine B. Forrest from Ralph P. Dupont dated 8/19/13 re: Counsel writes for the Hegna-Defendants-Claimants ("Hegnas") in support of Government's response in opposition to the pending motions to exclude expert testimony of Dr. Patrick Clawson. In doing so they adopt the Memoranda submitted by the Government in 08 Civ. 10934 (KBF) [Dkt. #692] and, in particular, its statements respecting the expertise of Dr. Clawson and the scope of his testimony. (mro) (Entered: 08/20/2013)
2013-08-20	150	0		LETTER addressed to Judge Katherine B. Forrest from Anand Sithian dated 8/19/13 re: The Government respectfully submits this letter in response to the Courts Order of August 16, 2013 (ECF Docket Entry (D.E.) 676). (mro) (Entered: 08/20/2013)
2013-08-20	151	0		LETTER addressed to Judge Katherine B. Forrest from Anand Sithian dated 8/19/13 re: For the foregoing reasons, and those set forth in the Governments prior Memorandum of Law in support of its Motion for Rule 37 Sanctions, the Court should enter an order striking Assa Corp.s and Assa Co. Ltd.'s Claims and Answer in this forfeiture action. In the alternative, the Court should give an adverse inference instruction for Assa's willful failure to appear against Assa. Regardless of the Court's sanctions against Assa, an adverse inference instruction is warranted against 650 Fifth Avenue Company. (mro) (Entered: 08/20/2013)	2013-08-20 18:16:08	f5c501a89537864f449f2c59ef1eab19a6f96f02
2013-08-21	152	0		ORDER: Certain parties have raised questions regarding logistics for the upcoming trial. It is therefore ORDERED that the Court will hold a teleconference for all parties on Wednesday, August 28, 2013, at 5:10 p.m to discuss trial logistics. Any logistical questions to which parties would like answers in advance of the FPTC may be submitted by letter prior to the call (preferable) or raised on the call. All parties shall call Chambers (212-805-0139) from a single line at the time of the teleconference. (Signed by Judge Katherine B. Forrest on 8/21/2013) ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro) (Entered: 08/21/2013)
2013-08-21	153	0		LETTER addressed to Judge Katherine B. Forrest from Carolina A. Fornos dated 8/21/13 re: LETTER addressed to Judge Katherine B. Forrest from Carolina A. Fornos dated 8/21/13 re: The Government respectfully submits this letter to seek a clarification of the Courts Order dated February 1, 2013 (ECF Docket Entry No. 348) in light of Alavi and 650 Fifth Avenues counsels statement at the most recent pretrial conference that the Government is precluded from calling any witnesses at trial whose respective documents were not produced by April 1, 2013. (mro) (Entered: 08/21/2013)
2013-08-21	154	0		MOTION in Limine And for other relief. Document filed by Assa.(Koplovitz, Deborah) (Entered: 08/21/2013)
2013-08-21	155	0		DECLARATION of Donald F. Luke in Support re: 154 MOTION in Limine And for other relief.. Document filed by Assa. (Attachments: # 1 Exhibit A, # 2 Exhibit C, # 3 Exhibit C)(Koplovitz, Deborah) (Entered: 08/21/2013)	2013-08-22 11:32:47	50374f566d1fe76ea237803d5422676060858643
	155	1	Exhibit A		2013-08-22 11:33:18	1152aa128cf36d74ec192c3f92d16fd1df27686c
	155	2	Exhibit C
	155	3	Exhibit C
2013-08-21	156	0		MEMORANDUM OF LAW in Support re: 154 MOTION in Limine And for other relief.. Document filed by Assa. (Koplovitz, Deborah) (Entered: 08/21/2013)	2013-08-22 10:49:44	8bbfcede10f859ae347b6f43346e3a4258c87793
2013-08-22	157	0		LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 8/21/13 re: Counsel submits this letter on behalf of the Alavi Foundation and the 650 Fifth Avenue Company in response to the Government's letter, submitted earlier today, regarding its failure to produce documents related to witnesses that it plans to call at the upcoming trial. (mro) (Entered: 08/22/2013)	2013-08-22 10:51:34	955a84f33cbc767e21d8c6f6b7f6c3540c09831f
2013-08-22	158	0		LETTER addressed to Judge Katherine B. Forrest from Michael D. Lockard dated 8/21/13 re: The Government respectfully submits this letter in response to the letter dated August 14, 2013, from counsel for claimants the Alavi Foundation and 650 Fifth Avenue Company (the "Alavi Claimants"). (mro) (Entered: 08/22/2013)	2013-08-22 10:53:40	ea6842e117319bc5523c6b7941ef3c1ff6ec55e7
2013-08-26	159	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from James L. Bernard dated 8/26/13 re: Counsel writes to request permission to leave a courtesy copy of the Joint Pre-Trial Order in the Court's drop-box by midnight tonight and file the same with the Clerk of the Court tomorrow. ENDORSEMENT: Ordered: Application granted. (Signed by Judge Katherine B. Forrest on 8/26/2013) (mro) (Entered: 08/27/2013)
2013-08-26	160	0		ORDER: The Court is reviewing the letter motion by the Alavi defendant-claimants dated August 21, 2013, which seeks preclusion of witness whose documents were not disclosed prior to the Court's April 1, 2013, deadline, as set forth in its Order of February 1, 2013. It is therefore ORDERED that, not later than 5:00 p.m., Wednesday, August 28, 2013, the Government shall submit a letter detailing, with respect to each witness sought to be precluded by the Alavi and Assa defendant-claimants, the precise date upon which discovery relating to each witness was produced and whether that discovery was produced prior to that witness's deposition. Not later than 5:00 p.m., Friday, August 30, 2013, any party wishing to contest the Government's chronology shall submit a response letter. These letters shall be submitted as PDF attachments to emails, with two courtesy copies to follow. (Signed by Judge Katherine B. Forrest on 8/26/2013) (mro) (Entered: 08/27/2013)
2013-08-27	161	0		LETTER addressed to Judge Katherine B. Forrest from Michael D. Lockard dated 8/27/13 re: The Government respectfully submits this letter to inform the Court that the Government is still in the process of responding to objections to the Government's exhibit list, a large number of which were exchanged today, and that the Government respectfully requests leave to submit a complete binder set and exhibit spreadsheet of objections and responses in the morning. (mro) (Entered: 08/27/2013)
2013-08-27	162	0		MEMORANDUM DECISION & ORDER denying (368) Motion to Establish Procedure to Determine Validity, Amount and Priority of Claims; granting (383) Motion to Dismiss in case 1:08-cv-10934-KBF. For the reasons set forth above, the motions of the Government and of the Alavi claimant-defendants to dismiss the forfeiture claims of the Djhanbani, Vahabzedeh, Khosrowshahi, and Khoshkish claimants are GRANTED. As the Court finds these claimants lack Article III standing, the motion of the Djhanbani, Vahabzedeh, Khosrowshahi, and Khoshkish claimants for a determination of the validity and priority of their claims is DENIED. The Clerk of Court is directed to close the motions at ECF Nos. 368 and 383 and to terminate the Djhanbani, Vahabzedeh, Khosrowshahi, and Khoshkish claimants from this action. (Signed by Judge Katherine B. Forrest on 8/27/2013) (mro) (Entered: 08/27/2013)
2013-08-27	163	0		LETTER addressed to Judge Katherine B. Forrest from Martin S. Bell dated 8/26/13 re: The Government and counsel for the Alavi Foundation and 650 Fifth Avenue Company Claimants respectfully submit this joint request for an extension of the time to file the Joint Pre-Trial Order in this case. (mro) (Entered: 08/27/2013)
2013-08-27	164	0		LETTER addressed to Judge Katherine B. Forrest from Donald F. Luke dated 8/26/13 re: Assa joins in the request of the Judgment Creditors, the Government, the Alavi Foundation, and 650 Fifth Avenue Company to have the time extended until midnight tonight to file the Joint Pre-Trial Order in this case. (mro) (Entered: 08/27/2013)
2013-08-27	165	0		LETTER addressed to Judge Katherine B. Forrest from James L. Bernard dated 8/27/13 re: Counsel writes on behalf of the Judgment Creditors in response to the Court's Order, dated August 21, 2013, and to provide the Court with some thoughts on trial logistics in advance of the call scheduled for August 28, 2013. There are four issues counsel wants to raise.(mro) (Entered: 08/27/2013)
2013-08-27	166	0		LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 8/27/13 re: Counsel submits this letter on behalf of the Alavi Foundation and the 650 Fifth Avenue Company (the "Claimants"). In advance of the Court Conference that has been scheduled for tomorrow, counsel notes that the Claimants' proposal regarding the format of witness testimony in the upcoming trial is addressed in Claimants' Memorandum of Law in Support of Their Motions in Limine at Section A, pages 3-8. An unredacted copy of this memorandum is enclosed with this letter for your convenience. (mro) (Entered: 08/27/2013)
2013-08-28	167	0		ORDER: The Government reports that it has arranged for the following dial-in for the teleconference scheduled for Wednesday, August 27, 2013, at 5:10 p.m.: Teleconference number: 877-973-4755. Pass code: 7109235. Any member of the public wishing to listen to the teleconference shall use the above dial-in number. ( Telephone Conference set for 8/27/2013 at 05:10 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 8/27/2013) (mro) Modified on 8/28/2013 (mro). (Entered: 08/28/2013)
2013-08-28	168	0		LETTER addressed to Judge Katherine B. Forrest from Carolina A. Fornos dated 8/28/13 re: As the Court is aware, the Judgment Creditors indicated by letter dated August 27, 2013, that they intend to raise during today's conference call the issue relating to whether the Judgment Creditors should be examining witnesses in the presence of the jury given that their case will be tried by the Court. As this issue relates to the bifurcation requested by the Alavi Foundation and 650 Fifth Avenue Claimants, the Government respectfully submits the enclosed excerpt to our opposition to Claimants' request for bifurcation in the event the Court desires to hear the Government's view on the matter and in the event this issue is discussed today. (mro) (Entered: 08/28/2013)	2013-08-29 20:43:16	d51e40efb41c62e8484a9882c9b0d483d7d484c7
2013-08-29	169	0		LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 8/28/13 re: Counsel submits this letter on behalf of the Alavi Foundation (the "Foundation") and the 650 Fifth Avenue Company (the "Fifth Avenue Company" and, collectively, "Claimants") to respectfully request that the Court permit Claimants to use certain documents that have already been produced by the Government and which the Government is now attempting to "claw back" so that they cannot be considered in Claimants' summary judgment motion. (mro) (Entered: 08/29/2013)
2013-08-29	170	0		ORDER: On August 8, 2013, the Court received a letter-motion from defendant-claimants Alavi Foundation ("Alavi") and the 650 Fifth Avenue Company ("650 Fifth Ave.") to compel the production of "proper discovery from the Department of Treasury's Office of Foreign Assets Control" ("OFAC"). (ECF No. 629, 08-cv-10934.) On August 9, 2013, defendant-claimants Assa Corp. and Assa Co. Ltd. (collectively, "Assa") joined in this motion. (ECF No. 631, 08-cv-10934.) The Government opposed the motion by letters dated August 13, 2013. (ECF Nos. 639, 640, 08-cv-10934.) On August 14, 2013, the Court issued an order requesting the Government to provide answers to certain questions. (ECF No. 641, 08-cv-10934.) The Government answered those questions by letter dated August 15, 2013. (ECF No. 644, 08-cv-10934.) On that same day, Alavi and 650 Fifth Ave. filed an additional letter. (ECF No. 674, 08-cv-10934.) In addition to its review of these materials, the Court also received an in camera submission of withheld OFAC documents in accordance with the procedures for such review outlined in In re The City of New York, 607 F.3d 923 (2d Cir. 2010). Based on consideration of the submissions on this issue and the representations of the Government to this Court, the motion to compel discovery beyond that which the Government has provided or already agreed to and intends to provide is denied. (Signed by Judge Katherine B. Forrest on 8/28/2013) (mro) (Entered: 08/29/2013)
2013-08-29	171	0		ORDER: As stated at the teleconference held on August 28, 2013, it is hereby ORDERED: 1. Trial in the in rem forfeiture action shall be by jury; the FSIA/TRIA action shall be tried simultaneously to the bench. 2. The Court expects the Government and the private judgment creditors to coordinate their trial presentations very closely. The presentation of the in rem forfeiture action shall lead. All direct testimony and documentary evidence that overlap between the forfeiture action and the TRIA/FSIA action shall occur during the Government's examination in the forfeiture action. The judgment creditors shall conduct separate examination only as to those matters that are relevant to the TRIA/FSIA action only, and those examinations shall occur outside the presence of the jury. This may require witnesses to remain available longer than they otherwise would need to be (and they should be forewarned accordingly). 3. Not later than September 16, 2013, at 9:00 a.m., the parties shall submit a written witness list that sets forth time allocation by the examining parties for each witness in the forfeiture action. (The list shall note for each witness whether the parties expect separate testimony to be required in the TRIA/FSIA action.) The list shall allocate time in a manner that accomplishes the conclusion of witness testimony not later than Tuesday, October 8, 2013 (i.e., closings shall occur not later than Wednesday, October 9); the list should not assume that any witness testimony shall occur on Fridays. (Signed by Judge Katherine B. Forrest on 8/29/2013) (mro) (Entered: 08/29/2013)
2013-08-29	172	0		ORDER. Alavi's letter motion (doc. no. 643 in case no. 08cv10934) to preclude the testimony of Cooperator 1 or, in the alternative, to compel production of relevant documents, is therefore granted in part and denied in part. (Signed by Judge Katherine B. Forrest on 8/29/2013) (rjm) (Entered: 08/30/2013)
2013-09-01	173	0		ORDER: The Court finds as follows: 1. All of the questions posed in the Alavi letter of August 30, 2013, seek to invade the law enforcement privilege and deliberative process privileges. The Court hereby issues a protective order as to these questions and denies leave to file a Rule 37 motion as to these topics. 2. The Government has stated that it will seek to elicit testimony from an OFAC witness at trial as to other, nonprivileged topics. (See letter of SAUSA Anand Sithian to the Court, Aug. 15, 2013, ECF No. 644 in 08-cv-10934 (listing OFAC testimony topics as including: "1. The Executive Orders, regulations, and blocking orders relevant to this forfeiture action, and their effective dates; 2. The Bank Melli Iran designations, blocking orders, and the consequences of those designations and blocking orders; and 3. Whether the Alavi Foundation, 650 Fifth Avenue Company, Assa Corp., Assa Co. Ltd., and Bank Melli Iran applied for and received a license under the applicable sanctions regime to provide money, goods, or services to the Government of Iran, or any department, agency, or instrumentality of the Government of Iran.").) The Court ordered the OFAC representative to appear for a Rule 30(b)(6) deposition to afford the parties a fair and complete opportunity to examine OFAC as to those topics. Should Claimants wish to cover those topics instead of the plainly precluded topics enumerated in the Alavi letter of August 30, the deposition should proceed. However, if the only questions Claimants would ask are those set forth in the August 30 letter, then the parties should cancel the OFAC deposition. (Signed by Judge Katherine B. Forrest on 9/1/2013) (mro) (Entered: 09/03/2013)
2013-09-03	174	0		ORDER: Before the Court is the letter motion of the Alavi defendant-claimants to preclude the testimony of any witness whose electronic discovery material had not been provided to the parties prior to April 1, 2013. In its review of Alavi's omnibus motion to preclude, the Court finds no prejudice that would warrant preclusion. The Government's analysis and the Alavi reply are in agreement that in no instance has the Court denied a request to reopen a deposition with respect to a witness whose documents were produced after that witness's deposition. All parties have had an adequate opportunity to examine witnesses on the documents. The Court's February 1, 2013, Order did not state, nor did it intend, that witnesses whose documents were not produced prior to April 1 would automatically be precluded from testifying at trial. The Court has enforced its Order by providing relief proportional to the potential prejudice demonstrated. No preclusion is warranted, with the possible exception of Shaukat Jafri. Not later than Wednesday, September 4, 2013, the Government is directed, pursuant to the Court's February 1, 2013, Order, to submit a letter demonstrating very good cause as to why Jafri was not disclosed on its witness lists. Claimants' letter motion to preclude is otherwise denied. (Signed by Judge Katherine B. Forrest on 9/3/2013) (mro) (Entered: 09/03/2013)
2013-09-03	175	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from James L. Bernard dated 8/30/13 re: This letter is submitted on behalf of the Greenbaum, Acosta, Beer, and Kirschenbaum Judgment Creditors, and all who joined in the submission of Plaintiffs' Exhibit List (collectively, the "Plaintiffs"), submitted to this Court under "Exhibit F" to the Joint Pretrial Order on August 26, 2013 ("Plaintiffs' Exhibit List"). ENDORSEMENT: Ordered: Post to docket. (Signed by Judge Katherine B. Forrest on 9/3/2013) (mro) (Entered: 09/03/2013)
2013-09-03	176	0		LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 9/2/13 re: Claimants respectfully request that the Court Order the Government to comply with the subpoena. (mro) Modified on 9/5/2013 (kw). (Entered: 09/03/2013)
2013-09-03	177	0		LETTER addressed to Judge Katherine B. Forrest from Anand Sithian dated 9/2/13 re: The Government respectfully submits this letter to request a protective order quashing a deposition notice and subpoena for the production of documents served yesterday on confidential human source ("CHS"). (mro) Modified on 9/5/2013 (kw). (Entered: 09/03/2013)
2013-09-03	178	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Peter I. Livingston dated 8/30/13 re: Assa Corp. and Assa Limited ("Assa") respectfully submit this letter in response to the letter dated August 28, 2013 submitted by the Office of the United States Attorney (the "Government"). The Court's Order of August 26, 2013 directed the Government to detail, with respect to each witness sought to be precluded by the Alavi, 650 Fifth A venue Company and Assa, the precise date upon which discovery relating to each witness was produced and whether that discovery was produced prior to that witnesses deposition. ENDORSEMENT: Ordered: Post to docket. (Signed by Judge Katherine B. Forrest on 9/3/2013) (mro) (Entered: 09/03/2013)
2013-09-03	179	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 8/30/13 re: Counsel respectfully submits this letter on behalf of the Alavi Foundation (the "Foundation") and the 650 Fifth Avenue Company (the "Fifth Avenue Company" and, collectively, "Claimants") in connection with the Court's August 26, 2013 Order (ECF 730) and in response to the Government's August 28, 2013 correspondence (ECF 759). The Government's late productions and repeated violations of the Court's orders have prejudiced Claimants by forcing them to spend time on document discovery, depositions, and motion practice during a time when counsel would otherwise be preparing for trial. ENDORSEMENT: Ordered: Post to docket. (Signed by Judge Katherine B. Forrest on 9/3/2013) (mro) (Entered: 09/03/2013)
2013-09-03	180	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Martin S. Bell dated 8/30/13 re: The Government respectfully writes in response to Assa Corp. and Assa Company Limited's ("Assa Claimants") response to the Court's August 26, 2013 Order (ECF 730) and the Government's response (ECF 759). ENDORSEMENT: ORDERED: Post on Docket. (Signed by Judge Katherine B. Forrest on 9/3/2013) (mro) (Entered: 09/03/2013)
2013-09-03	181	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Martin S. Bell dated 8/30/13 re: The Government respectfully writes in response to the Alavi Foundation and the 650 Fifth Avenue Company's ("Claimants") response to the Court's August 26, 2013 Order (ECF 730) and the Government's response (ECF 759). ENDORSEMENT: ORDERED: Post on Docket. (Signed by Judge Katherine B. Forrest on 9/3/2013) (mro) (Entered: 09/03/2013)
2013-09-03	182	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Martin S. Bell dated 8/30/13 re: The Government respectfully writes in response to the Alavi Foundation and the 650 Fifth Avenue Company's ("Claimants") request for "guidance" involving the upcoming OFAC Rule 30(b)(6) deposition and for leave to file a motion for sanctions pursuant to Rule 37. ENDORSEMENT: ORDERED: Post on Docket. (Signed by Judge Katherine B. Forrest on 9/3/2013) (mro) (Entered: 09/03/2013)
2013-09-04	183	0		ORDER: In light of the discussion at the September 4, 2013, final pretrial conference in this matter and the Court's oral ruling granting defendant-claimant Alavi Foundation's motion in limine to exclude evidence of the fact of the FBI's December 2008 search of its offices, the Court wishes to inquire as to whether the parties would stipulate to the authenticity of the Alavi documents that were seized by the FBI and subsequently reproduced by Alavi in the form of a statement that "if called to testify, a custodian of records would indicate __". No later than Monday, September 9, 2013, the parties shall confer and submit a joint letter indicating whether they have entered into such a stipulation. (Signed by Judge Katherine B. Forrest on 9/4/2013) (mro) (Entered: 09/05/2013)
2013-09-06	184	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Carolina A. Fornos dated 9/3/13 re: The Government respectfully requests that Alavi be ordered to comply with the Protective Order and return the requested documents to the Government. ENDORSEMENT: Ordered: Post to docket. (Letters may now be filed directly on ECF and should be; email a courtesy copy to Chambers). (Signed by Judge Katherine B. Forrest on 9/5/2013) (mro) (Entered: 09/06/2013)
2013-09-06	185	0		ORDER granting in part and denying in part (614) Motion to Preclude; terminating (635) Motion for Sanctions; denying (706) Motion to Preclude; denying (707) Motion in Limine; granting in part and denying in part (715) Motion in Limine; terminating (718) Motion in Limine in case 1:08-cv-10934-KBF; terminating (252) Motion for Sanctions; denying (279) Motion in Limine in case 1:09-cv-00165-KBF; terminating (250) Motion for Sanctions; denying (275) Motion in Limine in case 1:09-cv-00166-KBF; denying (296) Motion in Limine in case 1:09-cv-00553-KBF; denying (281) Motion in Limine in case 1:09-cv-00564-KBF; denying (225) Motion in Limine in case 1:09-cv-04614-KBF; denying (222) Motion in Limine in case 1:09-cv-04784-KBF; denying (257) Motion in Limine in case 1:10-cv-02464-KBF; terminating (263) Motion for Sanctions; denying (272) Motion in Limine; denying (272) Motion in Limine in case 1:09-cv-04614-KBF; terminating (237) Motion for Sanctions; denying (259) Motion in Limine; terminating (217) Motion for Sanctions; denying (178) Motion in Limine; in case 1:09-cv-00553-KBF; terminating (269) Motion for Sanctions; denying (269) Motion in Limine; denying (269) Motion in Limine; denying (269) Motion in Limine in case 1:09-cv-04784-KBF; terminating (279) Motion for Sanctions; denying (328) Motion in Limine; denying (224) Motion in Limine; denying (285) Motion in Limine in case 1:09-cv-00564-KBF; denying (261) Motion in Limine; denying (255) Motion in Limine; denying (259) Motion in Limine in case 1:09-cv-00165-KBF; terminating (265) Motion for Sanctions; denying (322) Motion in Limine; denying (213) Motion in Limine; denying (210) Motion in Limine; terminating (251) Motion for Sanctions; denying (304) Motion in Limine; denying (254) Motion in Limine; denying (196) Motion in Limine in case 1:10-cv-02464-KBF. As stated on the record at the at the September 4, 2013, final pretrial conference in this matter, it is hereby ORDERED: The Government's letter motion to preclude claimants from calling FBI Agents McReynolds and Alexander (ECF No. 800) is DENIED. At trial, any claimant wishing to call these agents shall make a proffer to the Court explaining the relevance and probative value of their testimony. Assa's letter motion to strike the Government's pleadings pursuant to Rule 37 is DENIED. The letter motion of the Alavi Claimants to quash the Government's request to claw back two documents on the grounds of privilege is GRANTED as to both documents. The Court makes the following rulings as to Alavi's motions in limine (ECF No. 715): The motion to bifurcate the Government's forfeiture trial into a forfeit ability phase and an innocent owner phase, and to try the FSIA/TRIA claims outside the presence of the jury is GRANTED IN PART and DENIED IN PART; as further set forth herein. The Court makes the following rulings as to the Government's motions in limine: The motion to preclude evidence concerning the Alavi Foundation's charitable gifts is DENIED. However, the Court shall not permit excessively cumulative or duplicative testimony as to this (or any other) issue. The motion to preclude Alavi from offering evidence or argument concerning other purported investigations of the Alavi Foundation or 650 Fifth Avenue Company is GRANTED. However, the Court will reconsider this ruling with respect to the narrow category of FBI documents (i.e., the 2007 FBI case report and DX 1107) identified at the final pretrial conference; as further set forth herein. The Court makes the following rulings as to Assa's motions in limine (ECF No. 707): The motion to exclude any of the facts related to the underlying decisions, memoranda, orders and/or judgments held by the Private Plaintiffs to the FSIA/TRIA action is DENIED; as further set forth herein. Alavi's motion to compel certain documents at trial from Seyed Mojtaba Hesami-Kiche is GRANTED IN PART and DENIED IN PART. The portion of the trial subpoena directed at Mr. Hesamirusche's tax returns shall be enforced; the remainder of the document requests in the subpoena are hereby quashed. The Judgment Creditors' motion to preclude the testimony of Alavi expert witness David Gannway is DENIED. (ECF No. 706.) Alavi's motion to preclude the testimony of the Government's expert witness, Patrick Clawson is GRANTED IN PART and DENIED IN PART. (ECF No. 614.) Dr. Clawson may provide testimony as regards the Iranian Revolution and the early history of Bonyad Mostazafan, as stated in his expert report and discussed on the record; he is precluded from testifying as to all other topics. The Clerk of Court is hereby directed to terminate the motions at ECF Nos. 614 (Clawson), 706 (Gannaway), 707 (Assa motions in limine), 715 (Alavi Claimants motions in limine), and 718 (Government motions in limine) and the corresponding motions in all related and member actions. The Clerk is also directed to close the motion at ECF No. 635, which was terminated by the Court's Memorandum Decision and Order of September 4, 2013. (Signed by Judge Katherine B. Forrest on 9/6/2013) (mro) (Entered: 09/06/2013)
2013-09-06	186	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 9/6/13 re: Counsel submits this letter on behalf of the Alavi Foundation and the 650 Fifth Avenue Company ("Claimants") pursuant to the Court's order granting permission to file a Rule 37 sanctions motion (Dkt No. 766) and the Court's directions at the September 4, 2013 court conference, to request an adverse inference instruction based on the destruction of relevant evidence by the Internal Revenue Service ("IRS") and refusal to answer questions pertinent to Claimants' statute of limitations defense. ENDORSEMENT: ORDERED: Post on Docket. (Signed by Judge Katherine B. Forrest on 9/6/2013) (mro) (Entered: 09/06/2013)
2013-09-06	187	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 9/5/13 re: Counsel submits this letter on behalf of the Alavi Foundation (the "Foundation") and the 650 Fifth Avenue Company (the "Fifth Avenue Company" and, collectively, "Claimants") in response to the Government's request to add a witness to its witness list and to call him at trial. ENDORSEMENT: ORDERED: Post on Docket. (Signed by Judge Katherine B. Forrest on 9/6/2013) (mro) (Entered: 09/09/2013)
2013-09-09	188	0		LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 9/8/13 re: Counsel submits this letter on behalf of the Alavi Foundation (the "Foundation") and the 650 Fifth Avenue Company (the "Fifth Avenue Company" and, collectively, "Claimants") in response to the Government's September 6, 2013 letter motion for reconsideration of the Court's decision denying the Government's request to "claw back" the second of two documents at issue. (mro) (Entered: 09/09/2013)
2013-09-09	189	0		ORDER: At the September 4, 2013, final pretrial conference, the Court ruled that the Government would not be permitted to "claw back" two documents-Exhibits A and B to the letter of Mr. Ruzumna dated August 28, 2013-that the Government now states are privileged but were inadvertently disclosed to claimants. The Court deemed that the Government had waived any assertion of privilege with respect to Exhibit A, as that document had been used in a prior deposition without objection. However, the Court permitted the Government to move for reconsideration as to Exhibit B, which was not used in any deposition. The Court has now reviewed the Government's letter motion for reconsideration dated September 6, 2013, and the Alavi response of September 8, 2013. The Government's briefing demonstrates that Exhibit B contains information regarding ongoing and future investigations that is absent from Exhibit A. As such, the Court finds that Exhibit B is subject to the deliberative process privilege. The Court further finds that the Government has not waived privilege by failure to object to claimants' use of the document or failure to do so in a timely manner. Rather, the Protective Order governing this matter and the normal procedures under the Federal Rules mandate that, absent a waiver, privileged documents inadvertently produced are subject to "claw back", It is therefore ORDERED that claimants shall return Exhibit B to the Government; its use by any party is precluded. Further, claimants shall ensure that any docket entries including or mentioning the substance of Exhibit B are redacted. The Court's ruling that the Government waived its privilege with respect to Exhibit A stands. (Signed by Judge Katherine B. Forrest on 9/9/2013) (mro) (Entered: 09/09/2013)
2013-09-09	190	0		ORDER: The Court has reviewed the Alavi defendant-claimants' letter motion to preclude the Government from calling ____ as a trial witness, along with the Government's response letter dated September 4, 2013, and Alavi's reply dated September 5, 2013. As the parties to this action are well aware, by its Order of February 1, 2013, the Court required the Government to produce its witness list not later than April 1, 2013. The Government did not produce its list until May 21, 2013, and the Court awarded appropriate relief to claimants on this basis ____ was disclosed as a likely trial witness on August 25, 2013; he was not listed on the Government's May 21 submission. Despite the late disclosure of ____, the Court finds good cause shown and will permit him to testify, provided that claimants are afforded the opportunity (if they so choose) to depose him for not more than three hours prior to his testimony. If necessary, this deposition may occur following the commencement of trial. The Court does not find great prejudice in the timing of the disclosure of ____ as a likely trial witness, especially since claimants will be afforded the opportunity to depose him and in consideration of the fact that the Government learned of his potential relevance during an extremely busy pretrial period in the early summer. The relevance of his potential testimony and the fact that the Court has not been inundated with similar requests to add late-disclosed witnesses also support the Court's decision. ____ may testify. (Signed by Judge Katherine B. Forrest on 9/9/2013) (mro) (Entered: 09/09/2013)
2013-09-09	191	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Martin S. Bell dated 9/6/13 re: The Government respectfully writes in response to the Court's order directing the parties to submit potential adverse jury instructions in light of the Court's September 4, 2013 determination of various parties' motions for sanctions against Assa Corp. and Assa Company Limited (the "Assa Claimants") for their failure to make Assa Corp. shareholders Davood Shakeri and Fatemeh Aghamiri and Assa Corp. President Mohammed Deghani Tafti available for court-ordered depositions in Dubai. ENDORSEMENT: ORDERED: Post on Docket. (Signed by Judge Katherine B. Forrest on 9/9/2013) (mro) (Entered: 09/09/2013)
2013-09-09	192	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from James L. Bernard dated 9/6/13 re: Counsel writes to respectfully request, as discussed at the conference held on September 4, 2013, that the Court sever certain matters from the upcoming trial. ENDORSEMENT: ORDERED: Post on Docket. (Signed by Judge Katherine B. Forrest on 9/9/2013) (mro) (Entered: 09/09/2013)
2013-09-09	193	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Ralph P. Dupont dated 9/6/13 re: The Hegnas' trial preparation has conformed to the trial management plan in recognition of the Government's lead role in the forfeiture action and a simultaneous bench trial of the SCO matter and the various plaintiff-creditors' actions. To change the management plan now runs an unpredictable chance of seriously prejudicing the Hegnas defense of its liens within the forfeiture action. ENDORSEMENT: ORDERED: Post on Docket. (Signed by Judge Katherine B. Forrest on 9/9/2013) (mro) (Entered: 09/09/2013)
2013-09-09	194	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from James L. Bernard dated 9/6/13 re: Counsel writes to elaborate on a point briefly raised during the Final Pre-Trial Conference held on September 4, 2013, concerning the claims that remain pending against the Assa Defendants. On June 6, 2013, the Court issued an Opinion and Order granting certain judgment creditors partial summary judgment against the Assa Defendants. That Opinion and Order, however, did not dispose of all claims of all judgment creditors against the Assa Defendants. In addition to asserting claims against the Assa Defendants pursuant to TRIA, which the Opinion and Order addressed, certain judgment creditors also asserted claims against the Assa Defendants pursuant to various provisions of the Foreign Sovereign Immunity Act, which claims would permit recovery of punitive damages that are unavailable under TRIA. ENDORSEMENT: Ordered: Post to docket. (Thank you.) (Signed by Judge Katherine B. Forrest on 9/9/2013) (mro) (Entered: 09/09/2013)
2013-09-09	195	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Noel J. Nudelman dated 9/9/13 re: Counsel writes to inform the Court that Bland, Brown, Valore, Botvin Judgment Creditors join in the request set forth in the letter to Your Honor from James I. Bernard on behalf of the Greenbaum, Acosta, Beer, Kirschbaum, Havlish, Heiser, Rubin, Holland, Valencia, Welch, Campuzano, Blais, Stethem, Higgins and Brewer Judgment Creditors dated September 6, 2013 that the Court sever the claims of the judgment creditors concerning their statements of claims, liens and priority agreements from the trial of the civil the civil forfeiture and FSIA/TRIA claims. ENDORSEMENT: ORDERED: Post on Docket. (Signed by Judge Katherine B. Forrest on 9/9/2013) (mro) (Entered: 09/09/2013)
2013-09-09	196	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Ralph P. Dupont dated 9/8/13 re: The Hegna Lienor-Claimants in the above-captioned forfeiture action respectfully writes that they join in the Government's requested jury instruction respecting Assa Corp. and Assa Company Limited with minor exceptions relating to factual statements concerning Mr. Tafti's activities on behalf of Bank Melli, Iran, the true owner with the Alavi Foundation of 40% of the office building at 650 Fifth Avenue. ENDORSEMENT: ORDERED: Post on Docket. (Signed by Judge Katherine B. Forrest on 9/9/2013) (mro) Modified on 9/9/2013 (mro). (Entered: 09/09/2013)
2013-09-09	197	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Ralph P. Dupont dated 9/8/13 re: Counsel requests that the Court decline to entertain a motion for severance from a movant who is not a party to the action and, therefore, lacks standing to even make such a motion in any form. On the merits, the Court should refuse to sever any portion of the Hegnas' defenses of their liens within the forfeiture action and adhere to its sound trial management plan. ENDORSEMENT: ORDERED: Post on Docket. (Signed by Judge Katherine B. Forrest on 9/9/2013) (mro) (Entered: 09/09/2013)
2013-09-09	198	0		OPINION & ORDER denying (535 in 1:08-cv-10934-KBF) MOTION to Suppress Evidence filed by 650 Fifth Avenue Company, Alavi Foundation. The motion of the Alavi Foundation and 650 Fifth Ave. Co. for suppression of evidence is DENIED. The Clerk of Court is directed to terminate the motion at ECF No. 535. (Signed by Judge Katherine B. Forrest on 9/9/2013) Filed In Associated Cases: 1:08-cv-10934-KBF et al. (ft) (Entered: 09/09/2013)
2013-09-09	199	0		ORDER: The Court has further reviewed its ruling on the Alavi and Government motions in limine as regards the assertion of the Fifth Amendment privilege against self-incrimination by witnesses called live at trial, along with the relevant case law in this Circuit. As such, on the morning of trial the Court will provide further instructions to the parties as to the procedure to be employed for witnesses asserting the Fifth Amendment privilege. The parties are placed on notice that the Court will not permit every deposition question to be read into the record. Rather, some limited number of questions (in the neighborhood of five per witness) may be allowed but the Court will want to preview these questions before the relevant witness takes the stand. (Signed by Judge Katherine B. Forrest on 9/9/2013) (mro) (Entered: 09/10/2013)
2013-09-10	200	0		ORDER: The Court finds that, as part of the Rule 37 sanctions awarded against Assa Corp. and Assa Co. Ltd. in the Memorandum Decision and Order of September 4, 2013 (ECF No. 796), the failure of Assa Representatives Davood Shakeri, Fatemeh Aghamiri, and Mohammad Hassan Deghani Tafti to appear for their duly noticed depositions shall preclude Assa from calling these witnesses at trial. (Signed by Judge Katherine B. Forrest on 9/10/2013) (mro) (Entered: 09/10/2013)
2013-09-10	201	0		ORDER: The Court has reviewed the Government's letter dated September 9, 2013, requesting reconsideration of footnote five of the Court's Opinion and Order of that same date, which denied the motion of the Alavi Foundation and 650 Fifth Ave. Co. for suppression of evidence. The Court reads the Government's letter as a motion to compel the documents listed in its September 9 letter as part of the civil discovery in this matter. It is therefore ORDERED that, not later than Thursday, September 12, 2013, Alavi shall respond to the Government's letter motion to compel in accordance with the Court's individual rules. ( Responses due by 9/12/2013) (Signed by Judge Katherine B. Forrest on 9/10/2013) (mro) Modified on 9/10/2013 (mro). (Entered: 09/10/2013)
2013-09-10	202	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 9/9/13 re: Counsel respectfully submits this letter on behalf of the Alavi Foundation (the "Foundation") and the 650 Fifth Avenue Company (the "Fifth Avenue Company") in response to the Court's order directing the parties to submit potential adverse jury instructions as to Assa Corp. and Assa Company Limited (the "Assa Claimants") and to the Government's proposed instructions in a letter dated September 6, 2013. ENDORSEMENT: Ordered: Post to docket. (Signed by Judge Katherine B. Forrest on 9/10/2013) (mro) (Entered: 09/10/2013)
2013-09-11	203	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Lauren Genvert Goetzl dated 9/9/13 re: The Heisers respectfully request that the Court permit the Heisers and Courtroom Connect to activate the wireless Internet in Your Honor's courtroom for the Heisers' use during the upcoming trial. ENDORSEMENT: Ordered: Application granted. (Signed by Judge Katherine B. Forrest on 9/11/2013) (mro) (Entered: 09/11/2013)
2013-09-11	204	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 9/10/13 re: Counsel submits this letter on behalf of the Alavi Foundation (the "Foundation") and the 650 Fifth A venue Company (the "Fifth Avenue Company" and, collectively, "Claimants") in response to the Government's September 9, 2013 letter motion for reconsideration of the Court's decision denying the Government permission to use documents obtained from the search of the Foundation that were not produced in discovery, which the Court has deemed a motion to compel. ENDORSEMENT: Ordered: With the exception of the telephone bills, the letter-motion to compel (which is how the Court construes the Government's motion) is denied. The Government shall provide support relating to a request that would encompass the telephone records, and set forth information (proffer) on their role in the case, by 9/12 at 5 pm. (Signed by Judge Katherine B. Forrest on 9/11/2013) (mro) (Entered: 09/11/2013)
2013-09-11	205	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Martin S. Bell dated 9/10/13 re: The Government respectfully writes in response to the Court's order this morning. The Government respectfully urges the Court to reconsider the limit, imposed days before trial, which would effectively cripple the Government's presentation, and adopt a half-hour per witness limit instead. ENDORSEMENT: Ordered: The issue is balancing (1) ability for jury to see the witness's demeanor, (2) hearing the witness be questioned and invoke the 5th, and (3) not having the jury confuse the questions for testimony or evidence. The Court will not adopt a half-hour limit (because I could/anyone could read the dep. questions aloud in their entirety in a half hour, without pauses)--but the Court will take a proffer consistent with the above guidance at trial. The Government is instructed not to assume it will have the opportunity to ask numerous individual questions. (Signed by Judge Katherine B. Forrest on 9/11/2013) (mro) (Entered: 09/11/2013)
2013-09-11	206	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 9/9/13 re: Counsel submits this letter on behalf of the Alavi Foundation (the "Foundation") and the 650 Fifth Avenue Company (the "Fifth Avenue Company" and, collectively, "Claimants") in connection with the Court's September 4, 2013 Order directing the parties to submit a letter by September 9, 2013 indicating whether they have entered into an authenticity stipulation. (ECF 803). Counsel now writes this letter to inform the Court that, although they have not yet entered into an authenticity stipulation, counsel has every expectation that they will be able to work cooperatively with the Government on this issue. Counsel respectfully requests until September 12, 2013 to provide a further update to the Court. ENDORSEMENT: Ordered: Application granted. (Signed by Judge Katherine B. Forrest on 9/10/2013) (mro) (Entered: 09/11/2013)
2013-09-11	207	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 9/10/13 re: Counsel submits this letter on behalf of the Alavi Foundation (the "Foundation") and the 650 Fifth Avenue Company (the "Fifth Avenue Company" and, collectively, "Claimants") to provide the Court with an updated copy of Claimants' exhibit list and other parties' objections. ENDORSEMENT: ORDERED: Post on Docket. (Signed by Judge Katherine B. Forrest on 9/11/2013) (mro) (Entered: 09/11/2013)
2013-09-12	208	0		ORDER denying (677) Motion for Partial Summary Judgment; denying (681) Motion for Summary Judgment; granting (682) Motion for Summary Judgment in case 1:08-cv-10934-KBF. For the reasons stated on the record at the September 11, 2013, telephonic conference, in the above-captioned matter: (1) The Motion for Partial Summary Judgment filed by 650 Fifth Avenue Company and Alavi Foundation on claims brought by the Government against the claimants' properties (ECF No. 677) is DENIED. (2) The Motion for Partial Summary Judgment filed by 650 Fifth Avenue Company and Alavi Foundation on all claims brought by the private plaintiffs and judgment creditor claimants against the defendants (ECF No. 682) is DENIED. (3) With respect to the Motion for Summary Judgment filed by the United States of America (ECF No. 681): (1) The seven properties held in the name of Alavi only are severed from the forfeiture action; (2) any innocent owner defenses with respect to the private plaintiffs/judgment creditors are also severed; (3) the remainder of the Government's motion is GRANTED. A written opinion shall follow. This Order is not a final judgment for purpose of any appeal(s). Appropriate procedural steps shall be taken up after the Court releases a written opinion setting forth its rationale. (4) The parties shall appear for a telephonic conference at 10:00 a.m. on Thursday, September 12, 2013. All parties shall call Chambers (212-805-0139) from a single line at the time of the call. In addition, prior to the call, the party organizing the call is directed to file a letter on ECF containing the dial-in information. The Clerk of Court is directed to close the motions at ECF Nos. 677, 681 and 682. (Signed by Judge Katherine B. Forrest on 9/12/2013) (mro) (Entered: 09/12/2013)
2013-09-12	209	0		MEMO ENDORSEMENT on re: (843 in 1:08-cv-10934-KBF) LETTER filed by Judgment Creditors Estate of Michael Heiser et al. and Estate of Millard D. Campbell. et al. requesting that the names of the plaintiffs listed herein be corrected as provided herein. ENDORSEMENT: So ordered. (Signed by Judge Katherine B. Forrest on 9/12/2013) (mro) (Entered: 09/12/2013)
2013-09-12	210	0		MEMO ENDORSEMENT on re: (309 in 1:09-cv-04614-KBF, 363 in 1:09-cv-00165-KBF, 847 in 1:08-cv-10934-KBF, 306 in 1:09-cv-04784-KBF, 341 in 1:10-cv-02464-KBF, 365 in 1:09-cv-00564-KBF, 380 in 1:09-cv-00553-KBF, 359 in 1:09-cv-00166-KBF) LETTER filed by Shirlee Hayman, Baruch Kahane, Maria Acosta, Steven M. Greenbaum, Ciporah Kaplan, Libby Kahane, Alan D. Hayman, Norman Kahane, Irving Franklin, Tova Ettinger, Ethel J. Griffin, Carlos Acosta proposing that for each witness called who invokes the Fifth Amendment that the Judgment Creditors be permitted to ask each witness no more than 20 questions outside the presence of the jury and that each witness's deposition testimony, along with the exhibits reflecting the questions posed to the witness, be introduced into evidence in the bench trial. Ordered: Application granted. (Signed by Judge Katherine B. Forrest on 9/12/2013) (mro) (Entered: 09/12/2013)
2013-09-12	211	0		ORDER: The Clerk of Court is hereby directed to remove the letter addressed to the Court from Daniel S. Ruzumna, Esq. dated September 10, 2013 and accompanying exhibit list (ECF No. 846 in 08-cv-10934) from the docket and to file that letter and attachment under seal. The Clerk shall not delete the text of the docket entry. (Signed by Judge Katherine B. Forrest on 9/12/2013) (mro) (Entered: 09/12/2013)
2013-09-13	212	0		ORDER: As stated at the teleconference held on September 12, 2013, the bench trial in the private creditors' FSIA/TRIA action shall be adjourned until Monday, September 30, 2013. The private creditor plaintiffs shall advise the Court no later than Tuesday, September 17, 2013, at 12:00 p.m., as to the extent to which they will adopt the Government's Rule 56.1 Statement and accompanying evidentiary record on any motion for summary judgment. 650 Fifth Ave. and Alavi shall advise the Court no later than Thursday, September 19, 2013, at 12:00 p.m., as to what additional evidence they intend to submit on any motion for summary judgment in light of the private creditor plaintiffs' submission. (Signed by Judge Katherine B. Forrest on 9/13/2013) (mro) (Entered: 09/13/2013)
2013-09-13	213	0		MEMO ENDORSEMENT on re: (313 in 1:09-cv-04784-KBF, 316 in 1:09-cv-04614-KBF, 387 in 1:09-cv-00553-KBF, 372 in 1:09-cv-00564-KBF, 859 in 1:08-cv-10934-KBF, 370 in 1:09-cv-00165-KBF, 348 in 1:10-cv-02464-KBF, 366 in 1:09-cv-00166-KBF) Letter filed by Shirlee Hayman, Baruch Kahane, Maria Acosta, Steven M. Greenbaum, Ciporah Kaplan, Libby Kahane, Alan D. Hayman, Norman Kahane, Irving Franklin, Tova Ettinger, Ethel J. Griffin, Carlos Acosta, confirming that counsel is able to submit some witnesses' direct testimony to the Court in the form of a declaration, with the witness then being presented in Court for cross and re-direct examination. ENDORSEMENT: In bench trials, that would be the Court's strong preference. (Signed by Judge Katherine B. Forrest on 9/13/2013) (mro) (Entered: 09/13/2013)
2013-09-16	214	0		MEMO ENDORSEMENT on re: (862 in 1:08-cv-10934-KBF) Letter, filed by United States of America pursuant to the Court's Memorandum Decision & Order of September 4, 2013. ENDORSEMENT: ORDERED: Post on Docket. (Signed by Judge Katherine B. Forrest on 9/16/2013) (mro) (Entered: 09/16/2013)
2013-09-16	215	0		OPINION & ORDER: As set forth above, all of the assets at issue in this litigation, with the exception of the seven Alavi-only properties described supra, are subject to forfeiture. Issues relating to the seven Alavi-only properties and the innocent owner defense of the judgment creditors are severed for further proceedings. (Signed by Judge Katherine B. Forrest on 9/16/2013) (mro) (Entered: 09/16/2013)
2013-09-17	216	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Anand Sithian dated 9/16/13 re: The Government respectfully submits this letter to request that the Court order the Clerk of the Court to remove from the public docket the license from the United States Department of Treasury, Office of Foreign Assets Control ("OFAC"). This OFAC license is pages 3 through 5 of ECF Docket Entry 864, which was posted on ECF earlier today. This OFAC license has been provided to the relevant licensees and was not intended to be publicly filed on ECF. ENDORSEMENT: Ordered: Application granted. The Clerk of Court is directed to remove pages 3-5 of ECF No. 864. Those pages should be filed under seal. (Signed by Judge Katherine B. Forrest on 9/17/2013) (mro) (Entered: 09/17/2013)
2013-09-17	217	0		MEMO ENDORSEMENT on re: (377 in 1:09-cv-00564-KBF, 375 in 1:09-cv-00165-KBF, 318 in 1:09-cv-04784-KBF, 371 in 1:09-cv-00166-KBF, 866 in 1:08-cv-10934-KBF, 392 in 1:09-cv-00553-KBF, 353 in 1:10-cv-02464-KBF, 321 in 1:09-cv-04614-KBF) Letter filed by Havlish Plaintiffs. ENDORSEMENT: Ordered: The Havlish complaint should be listed on pages 29-30 with the other judgment creditors and is hereby deemed included. (A corrected opinion will issue.) (Signed by Judge Katherine B. Forrest on 9/17/2013) (mro) (Entered: 09/17/2013)
2013-09-17	218	0		SEALED DOCUMENT placed in vault.(nm) (Entered: 09/17/2013)
2013-09-18	219	0		LETTER addressed to Judge Katherine B. Forrest from Ira S. Sacks dated 9/10/13 re: Claimants respectfully request that the Court enter the attached Proposed Judgment, pursuant to Fed. R. Civ. P. 54(b), so that a final appealable judgment will be on record dismissing Claimants' claims. No possible prejudice to any other party or entity will result from such a judgment. (mro) (Entered: 09/18/2013)
2013-09-18	220	0		MEMO ENDORSEMENT on re: (384 in 1:09-cv-00564-KBF, 382 in 1:09-cv-00165-KBF, 324 in 1:09-cv-04784-KBF, 328 in 1:09-cv-04614-KBF, 874 in 1:08-cv-10934-KBF, 399 in 1:09-cv-00553-KBF, 359 in 1:10-cv-02464-KBF, 378 in 1:09-cv-00166-KBF) Letter,, filed by Shirlee Hayman, Baruch Kahane, Maria Acosta, Steven M. Greenbaum, Ciporah Kaplan, Libby Kahane, Alan D. Hayman, Norman Kahane, Irving Franklin, Tova Ettinger, Ethel J. Griffin, Carlos Acosta. ENDORSEMENT: Ordered: The Court has scheduled an in person conference on 9/20/13 at 4pm (The Court is unavailable at 9:30 a.m.). ( Status Conference set for 9/20/2013 at 04:00 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 9/18/2013) (mro) Modified on 9/18/2013 (mro). (Entered: 09/18/2013)
2013-09-19	222	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Ralph P. Dupont dated 9/18/13 re: The Hegnas believe that the parties can be positioned to conclude on or before October 1, 2013. Of course should the Court conclude that a bench trial is necessary to resolve a disputed issue of fact, counsel remains ready to appear before your Honor at that time. ENDORSEMENT: Ordered: Post to docket. (We shall discuss at the conference on 9/20/13 at 4 pm). (Signed by Judge Katherine B. Forrest on 9/19/2013) (mro) (Entered: 09/19/2013)
2013-09-19	223	0		ORDER: The Court is in receipt of the parties' Proposed Order Awarding Attorney's Fees and Reimbursement of Expenses in connection with the Dubai depositions. If Assa would like to request to be heard on or submit a response with respect to the motion, it must do so by Tuesday, September 24, 2013, at 5:00 p.m. (Signed by Judge Katherine B. Forrest on 9/19/2013) (mro) Modified on 9/19/2013 (mro). (Entered: 09/19/2013)
2013-09-19	224	0		ORDER: The conference scheduled for Friday, September 20, 2013, at 4:00 p.m. is rescheduled to September 20 at 11:30 a.m. The Court prefers that counsel who intend to have a prominent speaking role at the conference attend in person. However, any parties who cannot attend in person shall call the Court (212-805-0139) from a single line at the time of the call. In addition, prior to the call, the party organizing the call is directed to file a letter on ECF containing the dial-in information. ( Status Conference set for 9/20/2013 at 11:30 AM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 9/19/2013) (mro) (Entered: 09/19/2013)
2013-09-13	225	0		ORDER granting (857) Letter Motion for Extension of Time to File Response/Reply ( Responses due by 9/20/2013) in case 1:08-cv-10934-KBF. The Government requests that the deadline to file its proffer and response to the Rule 37 letter motion be adjourned until Friday, September 20, 2013, after the Government has had an opportunity to read and analyze the Court's forthcoming opinion regarding summary judgment. Ordered: Application granted. (Signed by Judge Katherine B. Forrest on 9/13/2013) (Signed by Judge Katherine B. Forrest on 9/13/2013) (mro) (Entered: 09/19/2013)
2013-09-19	226	0		ORDER: The Clerk of Court is directed to remove the endorsed letter from Daniel S. Ruzumna dated September 19, 2013 and accompanying exhibit (ECF No. 881) from the public docket and to file that letter and attachment under seal. (Signed by Judge Katherine B. Forrest on 9/19/2013) (mro) (Entered: 09/19/2013)
2013-09-20	227	0		SEALED DOCUMENT placed in vault.(mps) (Entered: 09/20/2013)
2013-09-24	228	0		ORDER: In light of the letter received today on behalf of the Judgment Creditors, the Wednesday, September 25 and Friday, September 27 due dates for declarations in the bench trial are suspended. Another order will follow. (Signed by Judge Katherine B. Forrest on 9/24/2013) (mro) (Entered: 09/24/2013)
2013-09-24	229	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Ralph P. Dupont dated 9/24/13 re: Counsel writes most respectfully and mindful of the others needs with respect to their trial preparation issues, as fully documented in last night's coordinated letters from the Government and counsel for certain Judgment Creditors to your Honor. These issues chiefly involve the need to obtain testimony of witnesses who the Government was expected to call at trial. ENDORSEMENT: Ordered: Post to docket. (Signed by Judge Katherine B. Forrest on 9/24/2013) (mro) (Entered: 09/24/2013)
2013-09-24	230	0		LETTER addressed to Judge Katherine B. Forrest from Deborah B. Koplovitz dated September 24, 2013 re: Briefing Schedule requested. Document filed by Assa.(Koplovitz, Deborah) (Entered: 09/24/2013)
2013-09-25	231	0		MEMO ENDORSEMENT on re: (343 in 1:09-cv-04614-KBF, 397 in 1:09-cv-00165-KBF, 338 in 1:09-cv-04784-KBF, 904 in 1:08-cv-10934-KBF, 399 in 1:09-cv-00564-KBF, 414 in 1:09-cv-00553-KBF, 373 in 1:10-cv-02464-KBF, 393 in 1:09-cv-00166-KBF) Letter, filed by Craig H Hegna, Steven A Hegna, Paul B Hegna, Edwena R Hegna, Edwina R Hegna, Lynn M Hegna Moore. ENDORSEMENT: Ordered: Any party who wants to move for summary judgment on the innocent owner defense as to Assa or Alavi may/should do so not later than 10/7/13. Any opposition shall be filed not later than 10/16/13. No replies should be necessary. ( Motions due by 10/7/2013., Responses due by 10/16/2013) (Signed by Judge Katherine B. Forrest on 9/25/2013) (mro) (Entered: 09/25/2013)
2013-09-26	232	0		MEMO ENDORSEMENT on re: (422 in 1:09-cv-00553-KBF, 402 in 1:09-cv-00165-KBF, 343 in 1:09-cv-04784-KBF, 381 in 1:10-cv-02464-KBF, 348 in 1:09-cv-04614-KBF, 913 in 1:08-cv-10934-KBF, 407 in 1:09-cv-00564-KBF, 398 in 1:09-cv-00166-KBF) Letter, filed by ASSA Corp., ASSA Corporation, Assa Co. Ltd., Assa Corp., ASSA Company Ltd., ASSA Company Limited. ENDORSEMENT: Ordered: Application granted. Any party wishing to make any additional submissions on summary judgment must do so by October 4, 2013. (Signed by Judge Katherine B. Forrest on 9/26/2013) (mro) (Entered: 09/26/2013)
2013-09-26	233	0		MEMO ENDORSEMENT on (911) Motion to Amend/Correct in case 1:08-cv-10934-KBF. ENDORSEMENT: ORDERED: Alavi and Assa (and 650 5th Ave. Co.) to submit any response to this motion not later than 10/4/13. Any other party wishing to submit a response shall do so on the same date. ( Responses due by 10/4/2013) (Signed by Judge Katherine B. Forrest on 9/26/2013) (mro) (Entered: 09/27/2013)
2013-09-23	234	0		ORDER: The judgment creditor plaintiffs shall write a joint letter to the Court by Monday, September 23, 2013, at 5:00 p.m. to inform the Court whether they intend to forgo the alter ego argument. Assuming that the bench trial in the FSIA/TRIA matter proceeds, the parties will offer direct testimony by way of declaration. The plaintiffs' declarations are due on Wednesday, September 25, 2013. The defendants' declarations are due on Friday, September 27, 2013. (Signed by Judge Katherine B. Forrest on 9/23/2013) (lmb) (Entered: 09/27/2013)
2013-09-27	235	0		ORDER: The Court has received Assa's response to the various parties' applications for fees and expenses as part of the Rule 37 sanction awards. Any party wishing to provide additional detail on what is referred to as block billing should do so not later than Friday, October 11, 2013. The Court does not require additional briefing on the hourly rates or on either the "McReynolds" or the videographer issue. (Signed by Judge Katherine B. Forrest on 9/26/2013) (mro) (Entered: 09/27/2013)
2013-09-27	236	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Anand Sithian dated 9/26/13 re: The Government respectfully submits this letter to respectfully request that the transcript from the August 7, 2013 Status Conference, which was previously ordered sealed by Your Honor, be unsealed with the exception of specific pages discussing the Federal Bureau of Investigation's ("FBI") Confidential Human Source. Specifically, the Government respectfully requests that pages 23, 24, 63, 73, 75, 76, 82, and 84 of the August 7, 2013 transcript remain sealed pursuant to the Confidentiality Order. The Government respectfully requests that these pages of the transcript relating to the FBI's Confidential Human Source remain under seal until further order of the Court. The Government also respectfully requests that portions of the transcript from September 4, 2013 be filed under seal, with copies available to counsel of record in this matter subject to the terms of the Confidentiality Order. Specifically, the Government respectfully requests that pages 16, 72, and 77-83 be sealed pursuant to the Confidentiality Order. All of these pages contain information that has been designated as Confidential by the Government, specifically information relating to the FBI's Confidential Human Source. Accordingly, the Government respectfully requests that these pages of the transcript relating to the FBI's Confidential Human Source remain under seal until further order of the Court. ENDORSEMENT: Ordered: Application granted. (Signed by Judge Katherine B. Forrest on 9/26/2013) (mro) (Entered: 09/27/2013)
2013-09-27	237	0		TRANSCRIPT of Proceedings held on 8/7/2013 before Judge Katherine B. Forrest. (Attachments: # 1 Part 2)(mro) (Entered: 09/27/2013)
2013-09-25	238	0		ORDER: The Court considers the motion for summary judgment by the judgment creditors to be fully briefed. If any party wishes to make an additional submission, it shall do so by Monday, September 30, 2013. The Government, the in rem defendants, and all other parties involved in the forfeiture action shall propose a schedule and method of resolution as to the seven buildings owned in Alavi's name only. If the parties propose to resolve the issue via summary judgment, opening briefs shall be due Monday, October 7, 2013, and replies shall be due Wednesday, October 16, 2013. The Court further requests that the parties submit the correct versions of the three documents identified in footnote 21 of the Court's September 16, 2013, Opinion & Order-the July 1987 letter from Mazheri to Mousavi (incorrectly identified as McReynolds Decl. Ex. 21); the December 5, 1987 letter from Mazaheri to Ghasemi forwarding the December 1, 1987 letter from Mousavi to Mazaheri (incorrectly identified as Ex. 28); and the May 29, 1989 Foundation Minutes (incorrectly identified as Ex. 30)-as well as a correct version of the May 31, 1991 letter from Badr Taleh to the Ayatollah (Ex. 80). (Brief due by 10/7/2013., Responses due by 10/16/2013) (Signed by Judge Katherine B. Forrest on 9/25/2013) (rsh) (Entered: 10/01/2013)
2013-10-02	239	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Saeid B. Amini dated 9/30/13 re: Counsel represents the tenants and occupants of the above-referenced properties. This letter is offered pursuant to the Court's Order of September 25, 2013 (Docket No. 909), in which requesting that all the claims be filed on or before Sept. 30, 2013. ENDORSEMENT: Ordered: Post to docket. (Signed by Judge Katherine B. Forrest on 10/2/2013) (mro) (Entered: 10/02/2013)
2013-10-02	240	0		ORDER granting (924) Letter Motion for Extension of Time to File in case 1:08-cv-10934-KBF; granting (411) Letter Motion for Extension of Time to File in case 1:09-cv-00165-KBF; granting (406) Letter Motion for Extension of Time to File in case 1:09-cv-00166-KBF; granting (430) Letter Motion for Extension of Time to File in case 1:09-cv-00553-KBF; granting (415) Letter Motion for Extension of Time to File in case 1:09-cv-00564-KBF; granting (356) Letter Motion for Extension of Time to File in case 1:09-cv-04614-KBF; granting (350) Letter Motion for Extension of Time to File in case 1:09-cv-04784-KBF; granting (388) Letter Motion for Extension of Time to File in case 1:10-cv-02464-KBF. Ordered: Application granted. ( Motions due by 10/21/2013., Responses due by 10/30/2013) (Signed by Judge Katherine B. Forrest on 10/2/2013) (mro) Modified on 10/3/2013 (mro). (Entered: 10/02/2013)
2013-10-02	241	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Timothy B. Fleming dated 9/27/13 re: The Havlish Judgment Creditors respectfully request leave of Court pursuant to Fed. R. Civ. P. 15(a)(2) to file the Amended Complaint attached hereto as Exhibit A. ENDORSEMENT: Ordered: The Court is inclined to allow the amendment but will allow any party wishing to oppose the amendment to submit a letter-in-opposition not later than Oct. 11, 2013. (Signed by Judge Katherine B. Forrest on 10/2/2013) (mro) (Entered: 10/03/2013)
2013-10-03	242	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Timothy B. Fleming dated 10/2/13 re: The Havlish Judgment Creditors write regarding motions that they filed and were rejected by the Court's ECF system. ENDORSEMENT: Ordered: Post to docket. (Signed by Judge Katherine B. Forrest on 10/3/2013) (mro) (Entered: 10/03/2013)
2013-10-03	243	0		MEMO ENDORSEMENT on re: (352 in 1:09-cv-04784-KBF, 417 in 1:09-cv-00564-KBF, 390 in 1:10-cv-02464-KBF, 408 in 1:09-cv-00166-KBF, 413 in 1:09-cv-00165-KBF, 432 in 1:09-cv-00553-KBF, 926 in 1:08-cv-10934-KBF, 358 in 1:09-cv-04614-KBF) Letter, filed by Craig H Hegna, Steven A Hegna, Paul B Hegna, Edwena R Hegna, Edwina R Hegna, Lynn M Hegna Moore. ENDORSEMENT: Ordered: The Hegna judgment lienholders may file on the same schedule as set forth in my endorsement for other judgment creditors, dated 10/2/13. (Signed by Judge Katherine B. Forrest on 10/3/2013) (mro) (Entered: 10/03/2013)
2013-10-04	244	0		MEMO ENDORSEMENT on re: (933 in 1:08-cv-10934-KBF) Letter filed by 650 Fifth Avenue Company, Alavi Foundation. ENDORSEMENT: Ordered: No response is due to document at ECF No. 890. (Signed by Judge Katherine B. Forrest on 10/3/2013) (mro) (Entered: 10/04/2013)
2013-10-07	245	0		ORDER: The judgment creditor plaintiffs' request to file a reply brief of no more than 10 pages by Friday, October 11, at 5:00 p.m., is GRANTED. Submissions as to the seven properties held in the name of Alavi only (referred to in footnote 14 of this Court's Opinion & Order of September 16, 2013, ECF No. 865) shall be filed by the end of the day today, October 7, 2013. All responses to those submissions shall be filed by Wednesday, October 16, 2013. Any party wishing to file a submission as to the judgment creditors' innocent owner defense related to all other assets shall do so by Monday, October 21, 2013. All responses to those submissions shall be filed by Wednesday, October 30, 2013. Replies due by 10/11/2013. (Signed by Judge Katherine B. Forrest on 10/7/2013) (ft) (Entered: 10/07/2013)
2013-10-08	246	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Ralph P. Dupont dated 10/5/13 re: Counsel writes to advise that they have forwarded, via Over-Night Mail this date, two (2) copies of their additional memorandum of law and accompanying documents, in support of the Plaintiff-Creditors' (including the Hegnas) consolidated motion for summary judgment in the above-captioned matters. ENDORSEMENT: Ordered: Post to docket. (Signed by Judge Katherine B. Forrest on 10/8/2013) (mro) (Entered: 10/08/2013)
2013-10-09	247	0		MEMO ENDORSEMENT on re: (375 in 1:09-cv-04784-KBF, 413 in 1:10-cv-02464-KBF, 961 in 1:08-cv-10934-KBF, 381 in 1:09-cv-04614-KBF, 431 in 1:09-cv-00166-KBF, 440 in 1:09-cv-00564-KBF, 436 in 1:09-cv-00165-KBF, 455 in 1:09-cv-00553-KBF) LETTER MOTION for Extension of Time to File Response/Reply To The Hegna Judgment Creditors Additional Memorandum In Support Of Summary Judgment, dated October 4, 2013, ECF No.947 addressed to Judge Katherine B. Forrest from James L. Bernard dat filed by Shirlee Hayman, Baruch Kahane, Maria Acosta, Steven M. Greenbaum, Ciporah Kaplan, Libby Kahane, Alan D. Hayman, Norman Kahane, Irving Franklin, Tova Ettinger, Ethel J. Griffin, Carlos Acosta. ENDORSEMENT: Ordered: Application granted. (Signed by Judge Katherine B. Forrest on 10/9/2013) (mro) (Entered: 10/09/2013)
2013-10-09	248	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Anand Sithian dated 10/8/13 re: The Government respectfully submits this letter to request permission to file a reply in support of the Government's Motion to Amend the Protective Order and Monitor Order. See Government's Motion (ECF D.E. 911). The Government's reply will be filed on Friday, October 11, 2013. ENDORSEMENT: Ordered: Application granted. Set Deadlines/Hearing as to (911 in 1:08-cv-10934-KBF) MOTION to Amend/Correct Protective Order and Monitor Order :( Replies due by 10/11/2013.) (Signed by Judge Katherine B. Forrest on 10/9/2013) (mro) (Entered: 10/09/2013)
2013-10-10	249	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Ralph P. Dupont dated 10/10/13 re: Counsel writes as counsel for the Hegna Lienors to request until Tuesday, October 15, 2013 to file a Reply, or otherwise move, in respect to a Response [ECF No. 964]. ENDORSEMENT: Ordered: Request for a reply granted. ( Motions due by 10/15/2013., Replies due by 10/15/2013.) (Signed by Judge Katherine B. Forrest on 10/10/2013) (mro) (Entered: 10/10/2013)
2013-10-15	250	0		MEMO ENDORSEMENT on re: (967 in 1:08-cv-10934-KBF) Response in Opposition to Motion, filed by 650 Fifth Avenue Company, Alavi Foundation. ENDORSEMENT: Ordered: The Court finds the Havlish Plaintiffs have met the requirements for amendment under Rule 15. The Court notes that the amendment simply results in the pleadings for the Havlish Plaintiffs to conform to those of the majority of Judgment Creditors already before this Court in this action. (Signed by Judge Katherine B. Forrest on 10/15/2013) (mro) (Entered: 10/15/2013)
2013-10-17	251	0		ORDER granting (976) Letter Motion for Extension of Time to File in case 1:08-cv-10934-KBF; granting (447) Letter Motion for Extension of Time to File in case 1:09-cv-00165-KBF; granting (442) Letter Motion for Extension of Time to File in case 1:09-cv-00166-KBF; granting (466) Letter Motion for Extension of Time to File in case 1:09-cv-00553-KBF; granting (451) Letter Motion for Extension of Time to File in case 1:09-cv-00564-KBF; granting (392) Letter Motion for Extension of Time to File in case 1:09-cv-04614-KBF; granting (386) Letter Motion for Extension of Time to File in case 1:09-cv-04784-KBF; granting (424) Letter Motion for Extension of Time to File in case 1:10-cv-02464-KBF. Ordered: Application granted. (Innocent owner defense motions). ( Motions due by 11/22/2013.) (Signed by Judge Katherine B. Forrest on 10/17/2013) (mro) Modified on 10/17/2013 (mro). (Entered: 10/17/2013)
2013-10-17	252	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Ralph P. Dupont dated 10/16/13 re: Counsel writes to advise that they have forwarded by Over-Night Mail this date two copies of their Reply and accompanying exhibits to the Response of certain Judgment-Creditors to the Hegnas' Additional Memorandum in support of the Plaintiffs-Creditors' motion for summary judgment filed August 17, 2013. ENDORSEMENT: Ordered: Post to docket. (Signed by Judge Katherine B. Forrest on 10/17/2013) (mro) (Entered: 10/17/2013)
2013-10-17	253	0		MEMO ENDORSEMENT on re: (984 in 1:08-cv-10934-KBF, 468 in 1:09-cv-00553-KBF, 453 in 1:09-cv-00564-KBF, 449 in 1:09-cv-00165-KBF, 388 in 1:09-cv-04784-KBF, 444 in 1:09-cv-00166-KBF, 426 in 1:10-cv-02464-KBF, 394 in 1:09-cv-04614-KBF) Letter,, filed by Shirlee Hayman, Baruch Kahane, Maria Acosta, Steven M. Greenbaum, Ciporah Kaplan, Libby Kahane, Alan D. Hayman, Norman Kahane, Irving Franklin, Tova Ettinger, Ethel J. Griffin, Carlos Acosta. ENDORSEMENT: Ordered: Application granted. ( Replies due by 10/23/2013.) (Signed by Judge Katherine B. Forrest on 10/17/2013) (mro) (Entered: 10/17/2013)
2013-10-18	254	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Anand Sithian dated 10/17/13 re: The Government respectfully submits this letter to request permission to file a reply in support of the Government's Motion for Summary Judgment. See Government's Motion (ECF D.E. 956). The Government's reply will be filed on Wednesday, October 23, 2013. ENDORSEMENT: Ordered: Application granted. (Signed by Judge Katherine B. Forrest on 10/18/2013) (mro) (Entered: 10/18/2013)
2013-10-22	255	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Ralph P. Dupont dated 10/21/13 re: Counsel writes to request until the close of business tomorrow to respond to Alavi Foundation's and 650 Fifth Avenue Company's letter request of Friday, October 18 (ECF No. 988) seeking Rule 54(b) certification. ENDORSEMENT: Ordered: Application granted. (Signed by Judge Katherine B. Forrest on 10/22/2013) (mro) (Entered: 10/22/2013)
2013-10-23	256	0		ORDER: Accordingly, Applicants' requested fees and expenses are GRANTED as reasonable. The fees and expenses awarded shall be paid by defendant-claimants Assa Corp. and Assa Co. Ltd. immediately upon entry of this Order, pursuant to a license issued by the United States Department of the Treasury, Office of Foreign Assets Control, which was issued on September 13, 2013. The $27,307.02 in fees and expenses awarded to the Government shall be made payable to the U.S. Department of Treasury. The $75,231.20 in fees and expenses awarded to the Alavi Foundation and 650 Fifth Avenue Company shall be made payable to Patterson Belknap Webb & Tyler LLP. The $22,625.94 in fees and expenses awarded to the Greenbaum, Acosta, Beer, and Kirschenbaum judgment creditors shall be made payable to Stroock & Stroock & Lavan LLP. (Signed by Judge Katherine B. Forrest on 10/23/2013) (mro) (Entered: 10/23/2013)
2013-10-23	257	0		ORDER resolving in part (911) Motion to Amend/Correct in case 1:08-cv-10934-KBF. The Court has before it the Government's Motion to Amend the Protective Order and Monitor Order, which asks the Court for a variety of forms of relief, including diverting payments and partnership distributions, formerly being paid from the 650 Fifth Avenue Company to the Alavi Foundation and Assa Corp., to the USMS Seized Assets Deposit Fund. (ECF No. 911 at 9.) The Court does not resolve the entirety of that motion in this Order, but only two issues: (1) who shall manage the building at 650 Fifth Avenue ("the Building"), the subject of the Court's prior Opinion & Order of September 16, 2013 (ECF No. 865); and (2) who is authorized to manage funds (including bank accounts) relating to the Building, to approve and pay invoices, and to sign the Master Retail Lease for the Building. Accordingly, the Court today appoints Judge Roberts as Interim Trustee of the Building and the bank accounts associated with that building, and empowers and authorizes her in all ways necessary according to law to manage the building and do all that is necessary to maintain its assets properly and appropriately. The Court requires that Judge Roberts continue to inform Alavi on an ongoing basis of any material decisions that she makes. For all material decisions, Judge Roberts shall provide 24 hours' notice to Alavi so that it may provide input to her as to her management decisions. (The Court notes that Alavi may require an OFAC license in order to provide such input to Judge Roberts.) In the absence of such input, Judge Roberts is authorized to act as she sees fit. In the event of disagreement between Alavi and Judge Roberts, the Court empowers Judge Roberts with ultimate authority to make such management decisions, consistent with her duties as Interim Trustee. The Court also requires that Judge Roberts continue to inform the Government of her decisions as appropriate, in accordance with her role as Court-appointed monitor and Interim Trustee. Should the parties believe that additional Orders are necessary to effectuate Judge Roberts's position as Interim Trustee, the Court directs the parties to confer and make submissions to that effect to the Court. For the avoidance of doubt, the Court reiterates that Judge Roberts is empowered immediately to make all decisions regarding the management of the Building and associated bank accounts. This Order includes both management of the Building and any bank account into which funds are deposited from the Building's management or out of which funds are used to pay bills for the Building. To the extent this Order requires segregation of bank accounts, Judge Roberts is authorized to do so. This Order does not include the seven properties severed for further proceedings by the September 16 Opinion & Order. The Court does not remove management of those seven properties from Alavi. To the extent that Alavi must apply for an OFAC license to comply with this Order or wishes to bring any other related matters to the Court's attention, it should do so. (Signed by Judge Katherine B. Forrest on 10/23/2013) (mro) (Entered: 10/23/2013)
2013-10-24	258	0		LETTER addressed to Judge Katherine B. Forrest from Kathleen A. Roberts dated 10/21/2013 re: Counsel is writing to seek further guidance and direction from the Court regarding the ownership status of 650 Fifth Avenue, following the issuance of Your Honor's September 16, 2013 summary judgment decision. Specifically, it is unclear who has the authority to make decisions and sign documents on behalf of 650 Avenue Company. (mro) (Entered: 10/24/2013)
2013-10-24	259	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Ralph P. Dupont dated 10/22/13 re: Counsel writes in opposition to Alavi Foundation's and 650 Fifth Avenue Company's (jointly, "Claimants") request for Fed. R. Civ. P. 54(b) certification of final judgment of forfeiture. No party has spoken with us prior to moving for any of the several delays of which the Claimants' complain in their request, but which no longer appear to be of concern. ENDORSEMENT: Ordered: Post to docket. (Signed by Judge Katherine B. Forrest on 10/24/2013) (mro) (Entered: 10/24/2013)	2013-10-24 16:32:18	d4568e3fd924bcd93c42f278a079c5f78676016c
2013-10-22	260	0		AMENDED COMPLAINT amending 501 Intervenor Complaint in 08-cv-10934 against 650 Fifth Avenue Company, ASSA Company Ltd., Alavi Foundation of New York, Assa Corp. Document filed by Fiona Havlish. Related document: 501 Intervenor Complaint filed by Fiona Havlish in 08-cv-10934. *Docketed in all member and related cases pursuant to instructions from Chambers. *Original document was filed in case number 08-cv-10934, document #1001. (mro) (Additional attachment(s) added on 10/28/2013: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit) (sdi). (Entered: 10/24/2013)
2013-10-28	261	0		MEMO ENDORSEMENT on re: (1002 in 1:08-cv-10934-KBF) Letter filed by 650 Fifth Avenue Company, Alavi Foundation. ENDORSEMENT: Ordered: Application granted. ( Responses due by 12/11/2013, Replies due by 12/18/2013.) (Signed by Judge Katherine B. Forrest on 10/28/2013) (mro) (Entered: 10/28/2013)
2013-10-28	262	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Anand Sithian dated 10/28/13 re: For the reasons stated in the Government's Reply Memorandum of Law in Support of the Government's Motion to Amend the Protective Order and Monitor Order, the Government takes no position as to Claimants' request. See Govt Reply, at 8 (ECF D.E. 972). ENDORSEMENT: Ordered: Post to docket. (Signed by Judge Katherine B. Forrest on 10/28/2013) (mro) (Entered: 10/29/2013)
2013-10-28	263	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Steven L. Kessler dated 10/28/2013 re: The Hegnas respectfully request that the Court issue an Order denying the creditors' applications and adhering to the existing submission schedule in the forfeiture case. ENDORSEMENT: Post to docket. (Letters should now be filed on ECF.) (Signed by Judge Katherine B. Forrest on 10/28/2013) (rjm) (Entered: 10/29/2013)
2013-10-29	264	0		ORDER: The Islamic Education Center ("IEC") Opposition to Motions for Summary Judgment (ECF No. 992) and IEC Second Verified Supplemental Statement of Interest (ECF No. 991) are held in abeyance. No party need respond to those submissions until the Court has resolved the Government's motion for summary judgment (ECF No. 957). As ordered on October 28, 2013 (ECF No. 1003), all innocent owner submissions shall be filed by Friday, November 22, 2013. All responses to those motions shall be filed by Wednesday, December 11, 2013. All replies shall be filed by Wednesday, December 18, 2013. (Motions due by 11/22/2013, Responses due by 12/11/2013, Replies due by 12/18/2013.) ***Filed in 08cv10934 and all member and related cases. (Signed by Judge Katherine B. Forrest on 10/29/2013) (tn) Modified on 10/29/2013 (tn). (Entered: 10/29/2013)
2013-11-21	265	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Kathleen A. Roberts dated 11/18/13 re: Counsel is writing to seek further guidance and direction from the Court regarding the continued validity of the Monitor Order with respect to the permissibility of distributions to the Alavi Foundation, following the issuance of Your Honor's September 16, 2013 summary judgment decision. ENDORSEMENT: Ordered: The Court shall issue an additional order shortly. (Signed by Judge Katherine B. Forrest on 11/21/2013) (mro) (Entered: 11/21/2013)
2013-11-21	266	0		ORDER granting (1015) Letter Motion for Extension of Time in case 1:08-cv-10934-KBF. Ordered: Application granted. ( Motions due by 12/20/2013.) (Signed by Judge Katherine B. Forrest on 11/21/2013) (mro) Modified on 11/21/2013 (mro). (Entered: 11/21/2013)
2013-11-22	267	0		ORDER: The Court has received the Hegna judgment lienholders' ("the Hegnas") letter dated November 20, 2013 opposing the Greenbaum, Acosta, Beer and Kirschenbaum judgment creditors' request to adjourn the deadline to file summary judgment motions concerning the innocent owner defense (ECF No. 1015). The Court plays no role in settlement negotiations. The Hegnas may raise any necessary motions after any settlement occurs, if appropriate at that time. (Signed by Judge Katherine B. Forrest on 11/21/2013) (mro) (Entered: 11/22/2013)
2013-11-22	268	0		MEMORANDUM DECISION & PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...This Order supersedes the prior Orders at ECF Nos. 2, 136, 161,264, and 995. The Clerk of Court is directed to terminate the motion at ECF No. 911. (Signed by Judge Katherine B. Forrest on 11/22/2013) (mro) (Entered: 11/22/2013)
2013-11-25	269	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Steven L. Kessler dated 11/20/13 re: Counsel for the Hegna judgment lienholders states that they are unaware of any settlement negotiations and the government has not reached out to discuss a resolution. ENDORSEMENT: Ordered: Post to docket. (Signed by Judge Katherine B. Forrest on 11/21/2013) (mro) (Entered: 11/25/2013)
2013-11-25	271	0		ORDER granting (1024) Letter Motion for Extension of Time in case 1:08-cv-10934-KBF. Ordered: Application granted. (Signed by Judge Katherine B. Forrest on 11/25/2013) (mro) (Entered: 11/26/2013)
2013-11-27	272	0		LETTER addressed to Judge Katherine B. Forrest from Deborah B. Koplovitz dated November 27, 2013 re: Correction of Order. Document filed by Assa.(Koplovitz, Deborah) (Entered: 11/27/2013)
2013-12-03	273	0		CORRECTED ORDER: The Court has received the Rubin plaintiffs' letter dated November 20, 2013 requesting clarity as to the upcoming pleadings in this matter. (ECF No. 1016.) For the sake of clarity, all pending motions and upcoming deadlines in this matter are as follows: 1. On April 26, 2013, the Hegna plaintiffs filed a motion for partial summary judgment. (ECF No. 427.) On April 30,2013, the Court ordered that motion to be held in abeyance until after trial. (ECF No. 435.) That motion is now DENIED AS NOT YET RIPE without prejudice and with leave for the Hegna plaintiffs to replead their claims on a briefing schedule to be determined, as discussed below. 2. On September 17, 2013, the judgment creditor plaintiffs filed a joint motion for summary judgment based on the Foreign Sovereign Immunities Act ("FSIA") and the Terrorism Risk Insurance Act of 2002 ("TRIA"). (ECF No. 869.) On September 19, 2013, Alavi Foundation and 650 Fifth Avenue Company filed an opposition to that motion. (ECF No. 879.) On October 4, 2013, Assa Corp. and Assa Limited filed an opposition to that motion. (ECF No. 938.) On October 7, 2013, the Hegna judgment lienors filed an additional memorandum supporting that motion for summary judgment. (ECF No. 955.) On October 11, 2013, plaintiffs filed a reply. (ECF No. 969.) That motion is now fully briefed. 3. On October 7, 2013, the judgment creditor plaintiffs filed a joint supplemental motion for summary judgment with respect to the seven real properties remaining to be adjudicated. (ECF No. 950.) On October 16, 2013, Alavi Foundation filed an opposition to that motion. (ECF No. 977.) On October 23, 2013, plaintiffs filed a reply. (ECF No. 996.) That motion is now fully briefed. 4. On October 7, 2013, the Government filed a motion for summary judgment against the Alavi Foundation's interest in the seven defendant in rem properties. (ECF No. 956.) On October 16, 2013, Alavi filed an opposition to that motion. (ECF No. 979.) On October 23,2013, the Government filed a reply. (ECF No. 998.) That motion is now fully briefed. 5. On October 21, 2013, the Hegna claimants filed a motion for summary judgment based on the innocent owner defense. (ECF No. 989.) Oppositions to that motion shall be filed by December 11, 2013. (See ECF Nos. 1003, 1018.) Replies shall be filed by December 18, 2013. (See ECF Nos. 1003, 1018.) 6. On October 21, 2013, the Islamic Education Center ("IEC") filed two submissions related to the innocent owner defense. (ECF Nos. 991, 992.) On October 29, 2013, the Court held those submissions in abeyance, because the Government has not moved to forfeit the IEC's purported interest in those two defendant properties. (ECF No. 1006.) 7. Any further motions for summary judgment based on the innocent owner defense, including those filed by the Rubin judgment creditors, shall be filed by December 20, 2013. (See ECF No. 1018.) The Court has not yet set a briefing schedule on the issues of (1) whether TRIA trumps forfeiture and (2) which judgment creditors' claims have priority. The Court will set a schedule at the appropriate time if resolution of those issues becomes necessary. The Hegnas may refile their motion for summary judgment (ECF No. 427) at that time if appropriate. The Clerk of Court is directed to terminate the motion at ECF No. 427. The Clerk of Court is further directed to remove the November 25, 2013 Order at ECF No. 1033 from the docket. (Signed by Judge Katherine B. Forrest on 12/2/2013) (mro) (Entered: 12/03/2013)
2013-12-10	274	0		ORDER granting (1040) Letter Motion for Extension of Time to File in case 1:08-cv-10934-KBF. Ordered: Application granted. ( Responses due by 1/10/2014, Replies due by 1/21/2014.) (Signed by Judge Katherine B. Forrest on 12/10/2013) (mro) (Entered: 12/11/2013)
2013-12-11	275	0		ORDER granting (1041) Letter Motion for Extension of Time to File Response/Reply in case 1:08-cv-10934-KBF. Ordered: Application granted. ( Responses due by 1/10/2014, Replies due by 1/21/2014.) (Signed by Judge Katherine B. Forrest on 12/11/2013) (mro) (Entered: 12/11/2013)
2013-12-17	276	0		ORDER: For the sake of clarification, the Court's September 16 Opinion & Order (ECF No. 865) severed both the seven real properties and the three bank accounts held in Alavi's name only-that is, all the assets held in Alavi's name only-for further proceedings. The Alavi Foundation has argued that plaintiff's motion for summary judgment is untimely with respect to those funds (ECF No. 950), because the Court allowed supplemental briefing only as to the seven real properties. (Alavi Opp. 2, 11-12, ECF No. 977.) However, the Court notes that Alavi also opposed that motion on the merits. (Id. 12-13.) If Alavi wishes to submit supplemental briefing on the issue of the three bank accounts beyond its opposition to the judgment creditors' motion, it is directed to notify the Court to that effect. (Signed by Judge Katherine B. Forrest on 12/17/2013) (mro) (Entered: 12/17/2013)
2013-12-19	277	0		ORDER granting (1049) Letter Motion for Extension of Time to File in case 1:08-cv-10934-KBF; granting (479) Letter Motion for Extension of Time to File in case 1:09-cv-00165-KBF; granting (474) Letter Motion for Extension of Time to File in case 1:09-cv-00166-KBF; granting (497) Letter Motion for Extension of Time to File in case 1:09-cv-00553-KBF; granting (482) Letter Motion for Extension of Time to File in case 1:09-cv-00564-KBF; granting (423) Letter Motion for Extension of Time to File in case 1:09-cv-04614-KBF; granting (417) Letter Motion for Extension of Time to File in case 1:09-cv-04784-KBF; granting (455) Letter Motion for Extension of Time to File in case 1:10-cv-02464-KBF. Ordered: Application granted. ( Motions due by 1/20/2014.) (Signed by Judge Katherine B. Forrest on 12/18/2013) (mro) (Entered: 12/19/2013)
2013-12-19	278	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Ralph P. Dupont dated 12/18/13 re: Counsel respectfully invites the Court's attention to the omission of the Hegna judgment creditors' specific claim for summary judgment [ECF Nos. 947, 954 & 955] as to all "Defendant Properties", inclusive of all assets titled in the name of Alavi. Counsel respectfully requests the right to reply to any supplemental filing by Alavi, should it choose to make one. ENDORSEMENT: Ordered: Post to docket. (Signed by Judge Katherine B. Forrest on 12/18/2013) (mro) (Entered: 12/19/2013)
2013-12-19	279	0		MEMO ENDORSEMENT on re: (1050 in 1:08-cv-10934-KBF) Letter filed by United States of America. ENDORSEMENT: Ordered: The Court's next decision shall resolve issues as to all properties and bank accounts. If any party wants to make any additional filing on the bank accounts due to any confusion the Court's orders may have caused, do so not later than 1/6/14. (Signed by Judge Katherine B. Forrest on 12/18/2013) (mro) (Entered: 12/19/2013)
2013-12-19	280	0		MEMO ENDORSEMENT on re: (1050 in 1:08-cv-10934-KBF) Letter filed by United States of America. ENDORSEMENT: Ordered: The Court's next decision shall resolve issues as to all properties and bank accounts. If any party wants to make any additional filing on the bank accounts due to any confusion the Court's orders may have caused, do so not later than 1/6/14. (Signed by Judge Katherine B. Forrest on 12/18/2013) (mro) (Entered: 12/19/2013)
2013-12-23	281	0		ORDER granting (1054) Letter Motion for Leave to File Excess Pages in case 1:08-cv-10934-KBF. Application granted. (Signed by Judge Katherine B. Forrest on 12/23/2013) (mro) (Entered: 12/23/2013)
2013-12-23	282	0		ORDER granting (1056) Letter Motion for Extension of Time to File in case 1:08-cv-10934-KBF. Application granted. (Signed by Judge Katherine B. Forrest on 12/23/2013) (mro) (Entered: 12/23/2013)
2014-01-02	283	0		ORDER granting (1059) Letter Motion for Extension of Time in case 1:08-cv-10934-KBF. Application granted. (Signed by Judge Katherine B. Forrest on 1/2/2014) (mro) (Entered: 01/02/2014)
2014-01-09	284	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Michael D. Lockard dated 1/9/14 re: The Government submits this letter to respectfully request permission to file a brief in excess of 25 pages in response to the motion by the Hegna Judgment Creditors for summary judgment (D.E. 989). ENDORSEMENT: Ordered: Application granted. (Signed by Judge Katherine B. Forrest on 1/9/2014) (mro) (Entered: 01/09/2014)
2014-01-17	285	0		MEMO ENDORSEMENT on re: (1080 in 1:08-cv-10934-KBF) Letter filed by Alavi Foundation. ENDORSEMENT: Ordered: Application granted. ( Responses due by 1/29/2014) (Signed by Judge Katherine B. Forrest on 1/17/2014) (mro) (Entered: 01/17/2014)
2014-01-17	286	0		MEMO ENDORSEMENT on re: (1081 in 1:08-cv-10934-KBF) Letter, filed by Maria Acosta, Steven M. Greenbaum, Carlos Acosta, Havlish Plaintiffs, Fiona Havlish. ENDORSEMENT: Ordered: Application granted. ( Motions due by 2/11/2014.) (Signed by Judge Katherine B. Forrest on 1/17/2014) (mro) (Entered: 01/17/2014)
2014-01-21	287	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Steven L. Kessler dated 1/17/14 re: Counsel writes to request until 2/28/14 to submit their reply in regards to the Hegnas' summary judgment motion. ENDORSEMENT: Ordered: Extension to 2/28/14, granted. ( Replies due by 2/28/2014.) (Signed by Judge Katherine B. Forrest on 1/21/2014) (mro) (Entered: 01/21/2014)
2014-02-03	288	0		ORDER granting (1090) Motion to Withdraw as Attorney in 08-cv-10934(KBF). It is HEREBY ORDERED as follows: 1. The Motion to Withdraw is GRANTED; 2. Effective immediately, the Court grants leave to Anand Sithian, Trial Attorney, to withdraw as counsel for the United States and to be removed from the Electronic Case Filing notification list. (Signed by Judge Katherine B. Forrest on 1/31/2014) (mro) Modified on 2/3/2014 (mro). (Entered: 02/03/2014)
2014-02-10	289	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from James L. Bernard dated 2/10/2014 re: Counsel requests an adjournment of time to file summary judgment motions to 3/11/2014. ENDORSEMENT: Ordered: Application granted. (Signed by Judge Katherine B. Forrest on 2/10/2014) ***Filed in 08cv10934 et al. (tn) (Entered: 02/10/2014)
2014-02-28	290	0		ORDER: Based on the representations in the letter from the Greenbaum, Acosta, Beer, and Kirschenbaum judgment creditors, the Hegna judgment lienholders' request for an extension of time is DENIED. The Clerk of Court shall close the motion at ECF No. 1096. (If, in light of the timing of this Order, counsel needs the weekend to now prepare a filing, an extension to 3/3 is Granted.) (Signed by Judge Katherine B. Forrest on 2/28/2014) ***Filed in 08cv10934 et al. (tn) (Entered: 02/28/2014)
2014-03-11	291	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from James L. Bernard dated 3/11/2014 re: Counsel requests an adjournment of four weeks, from March 11 to April 8, of the time to file summary judgment motions concerning claimants' innocent owner defenses. ENDORSEMENT: Ordered: April 8 is the final extension. We need to get these motions decided. You can always choose not to bring one. (Signed by Judge Katherine B. Forrest on 3/11/2014) Filed In Associated Cases: 1:08-cv-10934-KBF et al. (tn) (Entered: 03/11/2014)
2014-03-28	292	0		OPINION & ORDER: For these reasons, the judgment creditors motion for summary judgment as to Alavi and 650 Fifth Ave. Co.s interests in the Building and the associated bank accounts is GRANTED; the judgment creditors motion for summary judgment as to Alavis seven properties and three bank accounts is GRANTED; the Governments motion for summary judgment as to Alavis seven properties is GRANTED; the Governments motion for summary judgment as to Alavis three bank accounts is GRANTED; and Alavis § 983(g) petition is DENIED. The Clerk of Court is directed to close the motions at ECF Nos. 869, 950, 956, and 1075. (Signed by Judge Katherine B. Forrest on 3/28/2014) (ajs) (Entered: 04/01/2014)
2014-04-16	293	0		ORDER re: (1102 in 1:08-cv-10934-KBF, 502 in 1:09-cv-00165-KBF, 519 in 1:09-cv-00553-KBF, 445 in 1:09-cv-04614-KBF, 497 in 1:09-cv-00166-KBF, 439 in 1:09-cv-04784-KBF, 504 in 1:09-cv-00564-KBF, 477 in 1:10-cv-02464-KBF) Memorandum & Opinion, (1028 in 1:08-cv-10934-KBF) MOTION for Summary Judgment filed by Anjuman-e-Haideri, (1029 in 1:08-cv-10934-KBF) Memorandum of Law in Support of Motion filed by Anjuman-e-Haideri, (1038 in 1:08-cv-10934-KBF) LETTER MOTION for Extension of Time to File Response/Reply regarding Anjuman-e-Haideri Motion for Summary Judgment and IEC Maryland Supplemental Innocent Owner Submission addressed to Judge Katherine B. Forrest from Anand Sithian dated December filed by United States of America. Counsel for the IEC may appear by telephone at the status conference on May 2, 2014 at 9:00 a.m. Counsel shall call Chambers at that time. (Signed by Judge Katherine B. Forrest on 4/16/2014) (ajs) (Entered: 04/16/2014)
2014-04-16	294	0		STIPULATION AND ORDER OF SETTLEMENT BETWEEN THE UNITED STATES AND CERTAIN THIRD-PARTY CLAIMANTS: IT IS HEREBY STIPULATED, AGREED AND ORDERED AS FOLLOWS: The USAO and the Settling Judgment Creditors agree that any of the Defendant Properties forfeited to the United States shall be sold by the United States Marshals Service, the Government's litigation expenses, and sales costs be recovered from the sales proceeds, and the net proceeds of the sales distributed to the Settling Judgment Creditors on a pro-rata basis based upon the following percentages, and that the compensatory portion of the Settling Judgment Creditors' outstanding judgments shall be reduced on that basis as listed herein. The USAO and the Settling Judgment Creditors agree that in the event any of the Settling Judgment Creditors recover any portion of their outstanding judgments they shall immediately notify the Government and the parties to this Stipulation and Order within ten business days and the parties and the Government shall adjust the percentages listed in paragraph number one above accordingly... Each party shall bear its own costs and attorney's fees. This Stipulation and Order represents the complete agreement between the parties and cannot be amended, nor can any other parties join this agreement, without the written consent of all the parties. (See Order). (Signed by Judge Katherine B. Forrest on 4/16/2014) (ja) (Entered: 04/17/2014)
2014-04-29	295	0		ORDER denying (1103 in case 1:08-cv-10934-KBF) Motion to Intervene: that Abkir's petition to intervene is DENIED. The Clerk of Court shall terminate the motion at ECF No. 1103. (Signed by Judge Katherine B. Forrest on 4/29/2014) Filed In Associated Cases: 1:08-cv-10934-KBF et al. (tn) (Entered: 04/29/2014)
2014-04-29	296	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Kimberly J. Linkletter dated 4/28/2014 re: Counsel requests permission to appear at the status conference scheduled for 5/2/2014. ENDORSEMENT: Ordered: Application denied. You can make any motion you deem appropriate but once you appeal, the Court losses jurisdiction over you/your action. (Signed by Judge Katherine B. Forrest on 4/29/2014) Filed In Associated Cases: 1:08-cv-10934-KBF et al. (tn) (tn) (Entered: 04/29/2014)
2014-05-01	297	0		ORDER granting (1135 in case 1:08-cv-10934-KBF) Letter Motion for Conference: The Court has received several requests to appear at the status conference on Friday, May 2, 2014 at 9:00 a.m. For the sake of clarification, anyone may be present during the conference. However, any individual wishing to be heard must be a party to the action. The Bayani judgment creditors' request to appear at the status conference via telephone is GRANTED. Counsel shall coordinate with the Islamic Education Center of Houston, Texas, which will also appear telephonically, and call Chambers (212-805-0139) from one line at the designated time. The Clerk of Court shall terminate the motion at ECF No. 1135. (Signed by Judge Katherine B. Forrest on 5/1/2014) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(tn) (Entered: 05/01/2014)
2014-05-05	298	0		ORDER: After the determination of the Hegna claimants' motion for summary judgment (ECF No. 989), the parties shall inform the Court by Wednesday, May 21, 2014 of any further issues to be resolved and a proposed briefing schedule for their resolution. (Signed by Judge Katherine B. Forrest on 5/2/2014) Filed In Associated Cases: 1:08-cv-10934-KBF et al. (tn) (Entered: 05/05/2014)
2014-05-15	299	0		OPINION & ORDER: For these reasons, the Hegnas' motion for summary judgment is DENIED and the Government's motion to strike or for summary judgment is GRANTED. The Hegnas shall occupy the same position as all other judgment creditor plaintiffs in this matter. Accordingly, they shall be entitled only to the portion of the settlement between the Government and the parties that has been allocated for them, as discussed at the May 2, 2014 status conference. The parties shall notify the Court by Wednesday, May 21, 2014 of any further issues to be resolved and provide a proposed briefing schedule for their resolution. (Signed by Judge Katherine B. Forrest on 5/14/2014) ***As per chambers, Filed In Associated Cases: 1:08-cv-10934-KBF et al. (tn) (Entered: 05/15/2014)
2014-05-27	300	0		ORDER granting (1143) Letter Motion for Extension of Time to File Response/Reply in case 1:08-cv-10934-KBF; granting (525) Letter Motion for Extension of Time to File Response/Reply in case 1:09-cv-00165-KBF; granting (520) Letter Motion for Extension of Time to File Response/Reply in case 1:09-cv-00166-KBF; granting (536) Letter Motion for Extension of Time to File Response/Reply in case 1:09-cv-00553-KBF; granting (521) Letter Motion for Extension of Time to File Response/Reply in case 1:09-cv-00564-KBF; granting (462) Letter Motion for Extension of Time to File Response/Reply in case 1:09-cv-04614-KBF; granting (456) Letter Motion for Extension of Time to File Response/Reply in case 1:09-cv-04784-KBF; granting (494) Letter Motion for Extension of Time to File Response/Reply in case 1:10-cv-02464-KBF: that the Court adopts the schedule proposed by the judgment creditors (ECF No. 1144), as set forth below: 1. The Hegnas shall file their motion for reconsideration no later than Friday, June 13, 2014. Any responses to such motions shall be filed by Friday, July 11, 2014, and reply papers, if any, shall be filed by Friday, July 25, 2014. 2. No later than 30 days after the Court resolves the Hegnas' motion for reconsideration, the judgment creditors may move the Court for partial summary judgment as to the priority of the Hegnas' claims vis-a-vis the judgment creditors. Any responses to such motions shall be filed to no later than 30 days after the filing of such motions, and the judgment creditors' reply papers shall be filed no later than 14 days after the deadline for response papers. The Clerk of Court shall terminate the motion at ECF No. 1143. (Signed by Judge Katherine B. Forrest on 5/27/2014) (tn) (Entered: 05/27/2014)
2014-05-27	301	0		ORDER: For these reasons, pursuant to Rule 54(b), the Clerk of Court shall enter final judgment as to Alavi and 650 Fifth Ave. Co.'s interests in the defendant properties. (Signed by Judge Katherine B. Forrest on 5/27/2014) (tn) (Entered: 05/27/2014)
2014-05-28	302	0		CLERK'S RULE 54(b)JUDGMENT: That for the reasons stated in the Court's Order dated May 27, 2014, there being no just reason for delay, pursuant to Fed. R. Civ. P. 54(b), judgment is hereby entered as to Alavi and 650 Fith Ave. Co's interest in the defendant properties; accordingly, summary judgment on the Government's claims for forfeiture of the interests of Alavi and 650 Fifth Ave. Co. in the properties identified in the verified amended complaint is granted and the motions by the judgment creditors for summary judgment and for turnover of certain property belonging to Alavi and 650 Fifth Ave. Co. is granted. (Signed by Clerk of Court Ruby Krajick on 5/28/2014) (Attachments: # 1 Notice of Right to Appeal, # 2 Notice of Right to Appeal)(dt) (Entered: 05/30/2014)
2014-06-09	303	0		NOTICE OF APPEAL from 302 Clerk's Judgment,,,. Document filed by 650 Fifth Avenue Company, Alavi Foundation. Filing fee $ 505.00, receipt number 0208-9757534. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: # 1 Rule 54(b) Judgment)(Ruzumna, Daniel) (Entered: 06/09/2014)
2014-07-28	304	0		MEMORANDUM DECISION & ORDER denying (1160) Motion for Reconsideration in case 1:08-cv-10934-KBF: For the reasons set forth above, the Hegnas' motion for reconsideration is DENIED. The parties shall write to the Court regarding what steps remain before certifying the remainder of this action for appeal to the Second Circuit within 10 days, or no later than Thursday, August 7, 2014. The Clerk of Court shall terminate the motion at ECF No. 1160. (Signed by Judge Katherine B. Forrest on 7/28/2014) ***As per chambers, Filed In Associated Cases: 1:08-cv-10934-KBF et al. (tn) Modified on 7/28/2014 (tn). (Entered: 07/28/2014)
2014-07-30	305	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Timothy B. Fleming dated 7/29/2014 re: It appears that, due to an oversight, there was no separate case number assigned to the Havlish judgment creditors in this litigation. ENDORSEMENT: Ordered: The Court's separate order of today's date should fix this -- notify the Court if it does not. (Signed by Judge Katherine B. Forrest on 7/29/2014) As per chambers, Filed in all member and related cases: 1:08-cv-10934-KBF et al. (tn) (Entered: 07/30/2014)
2014-07-30	306	0		ORDER: The Court has received the Havlish judgment creditors' letter dated July 29, 2014 regarding their request to appear in the "Turnover Appeal" currently before the U.S. Court of Appeals for the Second Circuit under case number 14-1963. The Court also notes that, on July 29, 2014, Timothy B. Fleming appeared on behalf of the Havlish judgment creditors in Kirschenbaum et al. v. Assa Corp. et al., No. 13-cv-1825 (KBF). The Clerk of Court shall update the docket of Kirschenbaum et al. v. Assa Corp. et al., No. 13-cv-1825 (KBF), to reflect Fiona Havlish, et al. as plaintiffs in that action, represented by Timothy B. Fleming of Wiggins Child Pantazis Fisher Goldfarb, PLLC. (Signed by Judge Katherine B. Forrest on 7/29/2014) As per chambers, Filed in all member and related cases: 1:08-cv-10934-KBF et al.(tn) (Entered: 07/30/2014)
2014-07-31	307	0		ORDER: The Clerk of Court shall update the docket of In re: 650 Fifth Avenue and Related Properties, No. 08-cv-10934 (KBF), to add the Estate of Michael Heiser and the Estate of Millard D. Campbell as claimants in this action, represented by Richard M. Kremen of DLA Piper LLP. (Signed by Judge Katherine B. Forrest on 7/31/2014) (tn) (Entered: 07/31/2014)	2014-07-31 17:20:46	ac9e5915e3be1116e3f0e6f35b58016ee66fa2e7
2014-08-08	308	0		ORDER re: (1181 in 1:08-cv-10934-KBF) Letter filed by Alavi Foundation: If the Government has a view regarding Alavi's request, it shall write to the Court not later than Tuesday, August 12, 2014. Any judgment creditors who wish to file a motion to amend the protective order, as described in the August 8 letter, shall do so not later than Friday, August 15, 2014, with oppositions to be filed by Friday, September 5, 2014 and replies filed by Friday, September 19, 2014. No distributions shall be used to pay a salary to Alavi's president or fees to members of its Board of Directors until the Court has resolved any motion to amend. (Motions due by 8/15/2014, Responses due by 9/5/2014, Replies due by 9/19/2014.) (Signed by Judge Katherine B. Forrest on 8/8/2014) As per instructions from chambers, filed in associated cases: 1:08-cv-10934-KBF et al. (tn) (Entered: 08/08/2014)
2014-08-08	309	0		MEMO ENDORSEMENT on re: (537 in 1:09-cv-00166-KBF, 542 in 1:09-cv-00165-KBF, 535 in 1:09-cv-00564-KBF, 550 in 1:09-cv-00553-KBF, 1179 in 1:08-cv-10934-KBF, 470 in 1:09-cv-04784-KBF, 476 in 1:09-cv-04614-KBF, 508 in 1:10-cv-02464-KBF) Letter,, filed by Shirlee Hayman, Baruch Kahane, Maria Acosta, Ciporah Kaplan, Libby Kahane, Alan D. Hayman, Norman Kahane, Irving Franklin, Tova Ettinger, Ethel J. Griffin, Carlos Acosta. ENDORSEMENT: ORDERED: Application granted. The briefing schedule set forth in the Court's order of May 27, 2014 shall govern the resolution of these issues. (Signed by Judge Katherine B. Forrest on 8/8/2014) ***Docketed in all member and related cases, Pursuant to instructions from Chambers. (mro) (Entered: 08/11/2014)
2014-08-11	310	0		MEMO ENDORSEMENT on re: (513 in 1:10-cv-02464-KBF, 555 in 1:09-cv-00553-KBF, 475 in 1:09-cv-04784-KBF, 547 in 1:09-cv-00165-KBF, 542 in 1:09-cv-00166-KBF, 540 in 1:09-cv-00564-KBF, 1186 in 1:08-cv-10934-KBF, 481 in 1:09-cv-04614-KBF) Letter, filed by Craig H Hegna, Steven A Hegna, Paul B Hegna, Edwena R Hegna, Edwina R Hegna, Lynn M Hegna Moore. ENDORSEMENT: ORDERED: Any party wishing to respond to the matters raised herein shall do so not later than Monday, August 18, 2014. (Signed by Judge Katherine B. Forrest on 8/11/2014) ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro) (Entered: 08/11/2014)
2014-08-19	311	0		MEMO ENDORSEMENT on re: (1199 in 1:08-cv-10934-KBF) Letter, filed by 650 Fifth Avenue Company, Alavi Foundation. ENDORSEMENT: ORDERED: Request granted. (Signed by Judge Katherine B. Forrest on 8/19/2014) As per chambers, filed in member and related cases: 1:08-cv-10934-KBF et al. (tn) Modified on 8/21/2014 (tn). (Entered: 08/19/2014)
2014-08-21	312	0		MEMO ENDORSEMENT on re: (1200 in 1:08-cv-10934-KBF) Letter, filed by 650 Fifth Avenue Company, Alavi Foundation. ENDORSEMENT: ORDERED: The Hegnas' motion to proceed with an order to show cause is denied. The parties shall follow the scheduling order previously issued. (Signed by Judge Katherine B. Forrest on 8/21/2014) As per chambers, filed in all member and related cases: 1:08-cv-10934-KBF et al. (Entered: 08/21/2014)
2014-09-22	313	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Timothy B. Fleming dated 9/19/2014 re: I respectfully request an order for Clerk to enter all the names of the Havlish judgment creditors, which appear on the attached sheet, as parties in Kirschenbaum, No. 13-cv-1825 (KBF), and to take the necessary steps to correct the docket that has gone up to the Second Circuit. ENDORSEMENT: So ordered. (Signed by Judge Katherine B. Forrest on 9/22/2014) (lmb) (Entered: 09/22/2014)
2014-09-24	314	0		ORDER: Accordingly, the motion to amend the Orders is hereby DENIED with leave to renew. The Court clarifies that the Protective Order permits distributions of income from the Building to pay a $125,489.94 annual salary to the Foundation's President, as well as fees to members of the Foundation's Board of Directors for up to ten meetings per year, as set forth in the Code of Ethics and Compensation for Board of Directors (see ECF No. 1181 at 5). The Clerk of Court is directed to terminate the motions at ECF Nos. 1189 and 1193. (Signed by Judge Katherine B. Forrest on 9/24/2014) (lmb) (Entered: 09/24/2014)
2014-10-06	315	0		OPINION & ORDER. Accordingly, the Hegnas' motion to extend their expired judgment lien is DENIED. The Clerk of Court is directed to terminate the motion at ECF No. 1203. (Signed by Judge Katherine B. Forrest on 10/6/2014) (lmb) (Entered: 10/06/2014)
2014-10-24	316	0		MEMO ENDORSEMENT on re: (1236 in 1:08-cv-10934-KBF, 572 in 1:09-cv-00166-KBF, 541 in 1:10-cv-02464-KBF, 509 in 1:09-cv-04614-KBF, 503 in 1:09-cv-04784-KBF, 569 in 1:09-cv-00564-KBF, 584 in 1:09-cv-00553-KBF, 577 in 1:09-cv-00165-KBF) Letter, filed by Deborah D Peterson, Personal Representative. ENDORSEMENT: The Peterson plaintiffs, and any other parties desiring to do so, may file any opposition they deem appropriate. The Court is not ruling on the propriety of any cross-motion at this time. (Signed by Judge Katherine B. Forrest on 10/24/2014) (lmb) (Entered: 10/24/2014)
2014-10-30	317	0		MEMO ENDORSEMENT on re: (1240 in 08cv10934) MOTION FOR LEAVE TO FILE CORRECTED MEMORANDUM OF LAW. ENDORSEMENT: Application granted. (Signed by Judge Katherine B. Forrest on 10/30/2014) (lmb) Modified on 10/30/2014 (lmb). (Entered: 10/30/2014)
2015-01-21	318	0		FIRST MOTION to Substitute Party. Old Party: Paul B. Hegna, New Party: Edwena Rae Hegna . Document filed by Craig M. Hegna, Edwena R. Hegna, Paul B. Hegna, Steven A. Hegna, Lynn Marie Hegna Moore. (Attachments: # 1 Exhibit Certificate of Appointment)(Dupont, Ralph) (Entered: 01/21/2015)
2015-01-22	319	0		MEMO ENDORSEMENT on re: 318 FIRST MOTION to Substitute Party. Old Party: Paul B. Hegna, New Party: Edwena Rae Hegna . filed by Lynn Marie Hegna Moore, Paul B. Hegna, Steven A. Hegna, Edwena R. Hegna, Craig M. Hegna. ENDORSEMENT: Post to 08-cv-10934. (Signed by Judge Katherine B. Forrest on 1/22/2015) (lmb) (Entered: 01/23/2015)
2015-02-02	320	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Michael D. Lockard dated 1/26/2015 re: The Government respectfully requests that the Court direct that certain documents in this matter previously provided to the Court and the parties be filed under seal and that redacted copies be entered on the public docket, in order to facilitate their inclusion in the record on appeal in this matter. ENDORSEMENT: So ordered. (Signed by Judge Katherine B. Forrest on 2/2/2015) As per chambers, Filed in all Member and Related Cases: 1:08-cv-10934-KBF et al. tn) (Entered: 02/02/2015)
2015-02-11	321	0		MEMO ENDORSEMENT granting 318 Motion to Substitute Party. ENDORSEMENT: Motion granted. Motion was unopposed. Paul B. Hegna terminated. (Signed by Judge Katherine B. Forrest on 2/11/2015) (lmb) (Entered: 02/11/2015)
2015-02-13	322	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Kathleen A. Roberts dated 2/12/2015 re: I respectfully request that this Report not be docketed, or, if docketed, filed under seal. ENDORSEMENT: File under seal. (Signed by Judge Katherine B. Forrest on 2/13/2015) (lmb) (Entered: 02/13/2015)	2015-02-13 18:47:23	e69911d62c16a0262be874a394edd7812b174cd0
2015-02-18	323	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Kathleen A. Roberts dated 2/9/2015 re: I am writing pursuant to the Court's April 28, 2010 Order for Appointment of Monitor to request that the Court approve payment of the fees incurred by me as Court-appointed Monitor, as set forth in detail in the attached invoices to 650 Fifth Avenue Company, totaling $11,828.00. ENDORSEMENT: So ordered. (Signed by Judge Katherine B. Forrest on 2/18/2015) (lmb) (Entered: 02/18/2015)
2015-02-18	324	0		ORDER re: 1256 in 08cv10934. For these reasons, Oveissi's motion for consolidation is DENIED. The Clerk of Court is directed to terminate the motion at ECF No. 1256. (Signed by Judge Katherine B. Forrest on 2/18/2015) (lmb) (Entered: 02/18/2015)
2015-03-06	325	0		OPINION & ORDER re: (289 in 1:13-cv-01825-KBF) MOTION for Partial Summary Judgment As To Its Priority Claims. filed by David Kirschenbaum, Isabelle Kirschenbaum, Joshua Kirschenbaum, Jason Kirschenbaum, (296 in 1:12-mc-00019-KBF) MOTION for Partial Summary Judgment As To Its Priority Claims. filed by David Kirschenbaum, Joshua J. Kirschenbaum, Isabelle Kirschenbaum, Martin Kirschenbaum, Jason Kirschenbaum, (290 in 1:12-mc-00020-KBF) MOTION for Partial Summary Judgment As To Its Priority Claims. filed by Harry Beer, Anna Beer, Estate of Alan Beer, (298 in 1:12-mc-00021-KBF) MOTION for Partial Summary Judgment As To Its Priority Claims. filed by Harry Beer, Anna Beer, (288 in 1:13-cv-01848-KBF) MOTION for Partial Summary Judgment As To Its Priority Claims. filed by Harry Beer, Anna Beer, (295 in 1:12-mc-00022-KBF) MOTION for Partial Summary Judgment As To Its Priority Claims. filed by David Kirschenbaum, Joshua J. Kirschenbaum, Isabelle Kirschenbaum, Martin Kirschenbaum, Jason Kirschenbaum. Accordingly, the ABK Plaintiffs' motion is DENIED. The Clerk of Court is directed to terminate the motions at ECF Nos. 1205, 1245, and 1252 (and the corresponding motions in related and member cases). (Signed by Judge Katherine B. Forrest on 3/6/2015) (lmb) Modified on 3/10/2015 (lmb). (Entered: 03/06/2015)
2015-03-06	326	0		ORDER: The Court has denied the Acosta, Beer, and Kirschenbaum Plaintiffs- Claimants' priority motion in a separate Opinion & Order. The parties shall confer and submit a proposed briefing schedule for any motions regarding the priority of the Government's right to forfeiture vis-a-vis the Hegnas' interest in the Defendant Properties not later than 30 days following the resolution of the appeal currently pending before the Second Circuit. (Signed by Judge Katherine B. Forrest on 3/6/2015) (lmb) (Entered: 03/06/2015)
2015-03-12	327	0		ORDER denying (1268) Motion to Intervene in case 1:08-cv-10934-KBF. On February 4, 2015, Jeremy Levin and Dr. Lucille Levin (the "Levins") filed a motion to intervene in this action. (ECF No. 1268.) This motion became fully briefed on March 5, 2015. For the reasons set forth herein, the Levins' motion is DENIED. The Court lacks jurisdiction to entertain the motion and, in any event, the motion is untimely. The Clerk of Court is directed to terminate the motion at ECF No. 1268. (Signed by Judge Katherine B. Forrest on 3/12/2015) (Pursuant to instructions from Chambers, docketed in all member and related cases.) (mro) (Entered: 03/13/2015)
2015-04-17	328	0		MEMORANDUM DECISION & ORDER: For these reasons, the motion to intervene is DENIED. The Clerk of Court is directed to terminate the motion at ECF No. 1295 (08-cv-10934) and 573 (10-cv- 4518). (Signed by Judge Katherine B. Forrest on 4/17/2015) (lmb) (Entered: 04/17/2015)
2015-06-01	329	0		ORDER GRANTING LIMITED RELIEF FROM PROTECTIVE AND CONFIDENTIALITY ORDERS: granting (1316) Motion for Limited Relief from Protective Orders in case 1:08-cv-10934-KBF. Based upon the Harrison Declaration, the briefs and arguments of counsel herein, and all the files and records in this case, the Havlish Plaintiffs' motion is GRANTED. It is HEREBY ORDERED that the Havlish Plaintiffs are granted relief from the Confidentiality and Protective Orders of April 13, 2012 (ECF No. 236), and November 28, 2012 (ECF No. 330), limited to use, by the Havlish Judgment Creditors, of the documents listed in Exhibit B to the Harrison Declaration in judgment enforcement and collection proceedings in the English courts, PROVIDED that, prior to or in conjunction with such use, the Havlish Plaintiffs, through their UK counsel, shall obtain and have entered onto the record in the English court(s) such protective and confidentiality orders under English law as are consistent with the Confidentiality and Protective Orders in this case, i.e., the Confidentiality and Protective Orders entered by this Court on April 13, 2012 (ECF No. 236), and November 28, 2012 (ECF No. 330). IT IS FURTHER ORDERED that counsel for the Havlish Plaintiffs shall notify this Court by letter to chambers of the entry of the appropriate protective and confidentiality orders entered by the English court(s), enclosing a copy of such orders. (Signed by Judge Katherine B. Forrest on 6/1/2015) (lmb) (Entered: 06/01/2015)
2015-06-01	330	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Timothy B. Fleming dated 5/28/2015 re: The Havlish Plaintiffs request a short extension of time, until Tuesday, June 2, 2015, to file their Reply to the Oppositions of Alavi Foundation and 650 Fifth Avenue Company to the Havlish Plaintiffs' Motion for Modification of, or Relief from, Protective and Confidentiality Orders. ENDORSEMENT: Post to docket. File all correspondence on docket. (Signed by Judge Katherine B. Forrest on 6/1/2015) (lmb) (Entered: 06/01/2015)
2015-06-01	331	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Timothy B. Fleming dated 5/29/2015 re: Please consider the letter request sent yesterday by the undersigned attorney for the Havlish Judgment Creditors to be withdrawn as moot. ENDORSEMENT: Post to docket. File all correspondence on docket. (Signed by Judge Katherine B. Forrest on 6/1/2015) (lmb) (Entered: 06/01/2015)
2015-08-04	332	0		ORDER: Any party that wishes to respond to the Hegnas' request for entry of final judgment (ECF No. 1329) shall do so not later than Monday, August 10, 2015. Any reply shall be filed not later than Friday, August 14, 2015., ( Responses due by 8/10/2015., Replies due by 8/14/2015.) (Signed by Judge Katherine B. Forrest on 8/4/2015) (lmb) (Entered: 08/04/2015)
2015-08-11	333	0		ORDER granting (1329) Motion for Leave to Appeal in case 1:08-cv-10934-KBF; granting (618) Motion for Leave to Appeal in case 1:09-cv-00165-KBF; granting (611) Motion for Leave to Appeal in case 1:09-cv-00166-KBF; granting (623) Motion for Leave to Appeal in case 1:09-cv-00553-KBF; granting (608) Motion for Leave to Appeal in case 1:09-cv-00564-KBF; granting (548) Motion for Leave to Appeal in case 1:09-cv-04614-KBF; granting (541) Motion for Leave to Appeal in case 1:09-cv-04784-KBF; granting (580) Motion for Leave to Appeal in case 1:10-cv-02464-KBF. The Hegna claimants' motion for entry of final judgment pursuant to Fed. R. Civ. P. 54(b) (ECF No. 1329) is GRANTED as it is unopposed by any party and there is no just reason for delay. The Clerk of Court is directed to terminate the motion at ECF No. 1329. (Signed by Judge Katherine B. Forrest on 8/11/2015) (lmb) (Entered: 08/11/2015)
2015-09-10	334	0		FILING ERROR - NO ORDER SELECTED FOR APPEAL - NOTICE OF INTERLOCUTORY APPEAL. Document filed by Craig M. Hegna, Edwena R. Hegna, Paul B. Hegna, Steven A. Hegna, Lynn Marie Hegna Moore. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Dupont, Ralph) Modified on 9/11/2015 (tp). (Entered: 09/10/2015)
2015-09-23	335	0		MEMO ENDORSEMENT on re: (1342 in 1:08-cv-10934-KBF) Letter filed by et al higgins. ENDORSEMENT: Ordered: Response by Oct. 2, 2015. (Fine). (Signed by Judge Katherine B. Forrest on 9/23/2015) ***As per chambers, Filed In Associated Cases: 1:08-cv-10934-KBF et al.(tn) (Entered: 09/23/2015)
2015-09-24	336	0		FILING ERROR - NO ORDER SELECTED FOR APPEAL - CORRECTED NOTICE OF APPEAL re: 334 Notice of Interlocutory Appeal,. Document filed by Craig M. Hegna, Edwena R. Hegna, Paul B. Hegna, Steven A. Hegna, Lynn Marie Hegna Moore. (Dupont, Ralph) Modified on 9/24/2015 (tp). (Entered: 09/24/2015)
2015-09-24	337	0		CORRECTED NOTICE OF APPEAL re: 334 Notice of Interlocutory Appeal, 299 Memorandum & Opinion,,,. Document filed by Craig M. Hegna, Edwena R. Hegna, Paul B. Hegna, Steven A. Hegna, Lynn Marie Hegna Moore. (Dupont, Ralph) (Entered: 09/24/2015)
2015-10-05	338	0		MEMO ENDORSEMENT on re: (1345 in 1:08-cv-10934-KBF). ENDORSEMENT: As this matter is on appeal, the Court is taking no action on it at this time, except that Mr. Tolchin shall be added as counsel for Avi Elishis and Gregg Salzman. (Signed by Judge Katherine B. Forrest on 10/5/2015) (lmb) (Entered: 10/05/2015)
2015-10-07	339	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Kathleen A. Roberts dated 10/6/2015 re: Please find attached the Twentieth Quarterly Monitor's Report required by the Court's April 28, 2010 Order. Please let me know if the Court needs any further information in connection with this Report. I respectfully request that this Report not be docketed, or, if docketed, filed under seal. ENDORSEMENT: File under seal. (Signed by Judge Katherine B. Forrest on 10/7/2015) (lmb) (Entered: 10/07/2015)
2015-10-16	340	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Kathleen A. Roberts dated 10/6/2015 re: I am writing pursuant to the Court's April 28, 2010 Order for Appointment of Monitor to request that the Court approve payment of the fees incurred by me as Court-appointed Monitor, as set forth in detail in the attached invoices to 650 Fifth Avenue Company, totaling $7,414.00. ENDORSEMENT: So ordered. (Signed by Judge Katherine B. Forrest on 10/16/2015) (lmb) (Entered: 10/16/2015)
2015-12-29	341	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Kathleen A. Roberts dated 12/21/2015 re: Please find attached the Twenty-First Quarterly Monitor's Report required by the Court's April 28, 2010 Order. ENDORSEMENT: File under seal. (Signed by Judge Katherine B. Forrest on 12/29/2015) (lmb) (Entered: 12/29/2015)
2016-02-08	342	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Timothy B. Fleming dated 2/5/2016 re: Attached herewith please find a confidentiality order entered by an English court, specifically the High Court of Justice, Queen's Bench Division, Commercial Court, establishing the confidentiality and protected status of the evidence from the above-referenced case that is being used in judgment enforcement proceedings, styled Havlish and Others vs. Islamic Republic of Iran, et al., in the English court. ENDORSEMENT: Ordered. Post to docket. (Signed by Judge Katherine B. Forrest on 2/8/2016) Entered in all member and related cases, as per Chambers. (rjm) (Entered: 02/09/2016)
2016-02-10	343	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Kathleen A. Roberts dated 2/8/2016 re: Please find attached the Twenty-Second Quarterly Monitor's Report required by the Court's April 28, 2010 Order. Please let me know if the Court needs any further information in connection with this Report. I respectfully request that this Report not be docketed, or, if docketed, filed under seal. ENDORSEMENT: File under seal. (Signed by Judge Katherine B. Forrest on 2/10/2016) (lmb) (Entered: 02/10/2016)
2016-02-10	344	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Kathleen A. Roberts dated 2/4/2016 re: I am writing pursuant to the Court's April 28, 2010 Order for Appointment of Monitor to request that the Court approve payment of the fees incurred by me as Court-appointed Monitor, as set forth in detail in the attached invoices to 650 Fifth Avenue Company, totaling $25,850. As set forth in the attached letter from counsel for 650 Fifth Avenue Company, these invoices have been reviewed by 650 Fifth Avenue Company, which has no objection to this request. ENDORSEMENT: So ordered. (Signed by Judge Katherine B. Forrest on 2/10/2016) (rjm) (Entered: 02/26/2016)
2016-06-27	345	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Kathleen A. Roberts dated 6/22/2016 re: Please find attached the Twenty-Third Quarterly Monitor's Report required by the Court's April 28, 2010 Order. ENDORSEMENT: Post to docket. (Signed by Judge Katherine B. Forrest on 6/27/2016) (lmb) (Entered: 06/27/2016)
2016-06-29	346	0		MEMO ENDORSEMENT granting (1362 in 08cv10934) Motion to Withdraw as Attorney. ENDORSEMENT: So ordered., Attorney Krista Dawn Adler terminated. (Signed by Judge Katherine B. Forrest on 6/29/2016) (lmb) (Entered: 06/29/2016)
2016-07-20	347	0		OPINION of USCA as to 303 Notice of Appeal, filed by 650 Fifth Avenue Company, Alavi Foundation. USCA Case Number 14-1963-cv(L). Appeal from an award of summary judgment by the United States District Court for the Southern District of New York (Forrest, J.), turning over certain property belonging to Defendants-Appellants to Plaintiffs judgment creditor groups under the Foreign Sovereign Immunities Act ("FSIA"), 28 U.S.C. 1602 et seq., and the Terrorism Risk Insurance Act of 2002 ("TRIA"), Pub. L. No. 107.297, 116 Stat. 2322, 2337 (codified at 28 U.S.C. 1610 note), and entering final judgment. Because Defendants-Appellants are neither foreign sovereigns nor agencies or instrumentalities thereof under the FSIA, we conclude that Plaintiffs could not pursue execution, much less be awarded summary judgment, under that statute. While Defendants-Appellants' status as agencies or instrumentalities of a declared terrorist entity under the TRIA is not foreclosed as a matter of law, we identify questions of fact as to that status, as well as whether Defendants-Appellants' properties are "blocked assets" under the TRIA, which cannot be decided as a matter of law. We therefore VACATE the judgment and REMAND for further proceedings consistent with this opinion.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 07/20/2016. (nd) (Entered: 07/20/2016)
2016-07-26	348	0		ORDER: The Court will issue a more in-depth scheduling order once the Mandate of the Second Circuit issues. In the meantime, the parties are advised to reserve the entire month of January 2017 for trial in this matter. Any additional motion practice shall be resolved prior to that time. The parties should confer on an appropriate schedule for all motions practice and re-submission of all final joint pre-trial materials. (Signed by Judge Katherine B. Forrest on 7/26/2016) (lmb) (Entered: 07/26/2016)
2016-11-01	349	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Martin S. Bell dated 10/31/2016 re: Issuance of mandate. ENDORSEMENT: Ordered: We will resolve this case on a near-in schedule. All interested parties shall appear before the Court to discuss the trial schedule on November 15, 2016 at 2:00 p.m. (Status Conference set for 11/15/2016 at 02:00 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 11/1/2016) (cla) (Entered: 11/01/2016)
2016-11-03	350	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 11/1/2016 re: Motion to Continue and renew Claimants' request that the Court restore the status quo ante. ENDORSEMENT: Ordered: The parties' should be prepared to discuss/argue this application at the conference already scheduled for 11/15/16 at 2pm. (Signed by Judge Katherine B. Forrest on 11/3/2016) (cla) (Entered: 11/03/2016)
2016-11-07	351	0		LETTER addressed to Judge Katherine B. Forrest from Ralph P. Dupont dated 11/07/2016 re: Scheduling Conference. Document filed by Craig M. Hegna, Edwena R. Hegna, Paul B. Hegna, Steven A. Hegna, Lynn Marie Hegna Moore.(Dupont, Ralph) (Entered: 11/07/2016)
2016-11-15	352	0		ORDER: A status conference in this action is scheduled for Friday, November 18, 2016, at 9:00 a.m. In advance of the conference, the Court would appreciate a response by the government to the letter at ECF No. 1394. The government shall file such response by Wednesday, November 16, at 12:00 p.m. (Signed by Judge Katherine B. Forrest on 11/15/2016) (cla) (Entered: 11/15/2016)
2016-11-21	353	0		ORDER: The Court held a status conference in this action on Friday, November 18, 2016. As discussed during the conference, the following dates and deadlines shall apply: 1. December 7, 2016: The parties shall submit a letter(s) regarding the issues surrounding Claimant's motion to suppress, as discussed on the record; 2. December 9, 2016: Deadline for the Government to file a motion regarding the "agency issue," as discussed on the record; a. January 9, 2017: Deadline for the Claimants to oppose; b. January 23, 2017: Deadline for the Government to reply; 3. December 13, 2016: The parties shall submit a letter(s) regarding the issues surrounding Claimant's statute of limitations defense, as discussed on the record; 4. December 13, 2016: The parties shall submit a joint letter proposing dates for all pre-trial deadlines and submissions, as discussed on the record; 5. May 30, 2017: Commencement of trial on the issue of "Alavi's knowledge." (Motions due by 12/9/2016., Responses due by 1/9/2017, Replies due by 1/23/2017.) (Signed by Judge Katherine B. Forrest on 11/21/2016) (cla) (Entered: 11/21/2016)
2016-12-06	354	0		CONSENT ORDER MODIFYING MONITOR AND INTERIM TRUSTEE ORDER: THE COURT HEREBY ORDERS AS FOLLOWS: The limitations on Alavi's operations and access to the revenue from its share of the Fifth Avenue Company, specifically those described in paragraph III.C.9 of the November 22, 2013 Order, are vacated, and the framework established for Alavi's operations under the April 28, 2010 Order are reinstated; however, no disbursement of funds shall be made to Assa Corporation. Alavi and the Fifth Avenue Company are each authorized and approved to open and maintain their own respective bank account(s) to the extent otherwise consistent with applicable law. Neither Alavi nor the Fifth Avenue Company is under any Court-imposed restriction or impediment preventing either from opening or maintaining bank accounts, and the Court has no objection to each so doing. (Signed by Judge Katherine B. Forrest on 12/6/2016) (cla) (Entered: 12/06/2016)
2016-12-08	355	0		MEMO ENDORSEMENT on re: (1409 in 1:08-cv-10934-KBF) Letter re: motion to suppress evidence pursuant to the Court's November 21, 2016 order, filed by 650 Fifth Avenue Company, Alavi Foundation. ENDORSEMENT: So ordered. (Signed by Judge Katherine B. Forrest on 12/8/2016) (cla) Modified on 1/17/2017 (cla). (Entered: 12/08/2016)
2016-12-16	356	0		MEMO ENDORSEMENT on re: (1415 in 1:08-cv-10934-KBF) Letter filed by 650 Fifth Avenue Company, Alavi Foundation. ENDORSEMENT: So ordered. Schedule adopted. (Fact Discovery due by 3/31/2017., Motions due by 4/10/2017., Pretrial Order due by 5/15/2017., Responses due by 4/24/2017, Replies due by 5/1/2017., Final Pretrial Conference set for 5/19/2017 at 01:00 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 12/14/2016) (cla) (Entered: 12/16/2016)
2016-12-16	357	0		ORDER granting (1417 in case 1:08-cv-10934-KBF) Motion to Withdraw as Attorney. It is hereby ORDERED that Jonathan J. Faust shall be deemed to have withdrawn as counsel for Defendants. (Signed by Judge Katherine B. Forrest on 12/16/2016) (cla) (Entered: 12/19/2016)
2016-12-16	358	0		ORDER granting (1418 in case 1:08-cv-10934-KBF) Motion to Withdraw as Attorney. It is hereby ORDERED that David L. Goldberg shall be deemed to have withdrawn as counsel for Defendants. (Signed by Judge Katherine B. Forrest on 12/16/2016) (cla) (Entered: 12/19/2016)
2016-12-16	359	0		ORDER granting (1419 in case 1:08-cv-10934-KBF) Motion to Withdraw as Attorney. It is hereby ORDERED that Michael M. Rosensaft shall be deemed to have withdrawn as counsel for Defendants. (Signed by Judge Katherine B. Forrest on 12/16/2016) (cla) (Entered: 12/19/2016)
2017-01-10	360	0		ORDER terminating (1425) Letter Motion for Discovery in case 1:08-cv-10934-KBF. Finally, the above discussion should make it clear that this Court will not determine the applicability of the good-faith defense on the briefing as it stands. Instead, the Court will proceed with the hearing as scheduled, consider the evidence presented, and render a comprehensive ruling at the appropriate time. The Clerk of Court is directed to terminate the motion at ECF No. 1425. (Signed by Judge Katherine B. Forrest on 1/10/2017) (cla) (Entered: 01/10/2017)
2017-01-18	361	0		ORDER: The Court has received Claimant's letter motion at ECF No. 1439 seeking to compel the production of documents relating to Claimant's statute of limitation defense. In connection with their motion, the Court would like Claimants to submit a supplemental letter providing a historical overview of the discovery that Claimants previously sought in this action relating to the statute of limitations defense. Specifically as related to the statute of limitations defense Claimants should provide the Court with a chronology and description of discovery previously sought (including reference to specific requests); identify any previous motions to compel made by Claimants; summarize the arguments made in any such motions to compel; and point to where in the record the Court made rulings with regards to any such previous requests or motions to compel. Whenever possible, Claimants should include ECF citations. Claimants shall submit their supplemental letter not later than January 25, 2017. The Government should respond to both Claimants motion at ECF No. 1439 as well as Claimants supplemental letter in a single submission not later than February 1, 2017. (Responses due by 2/1/2017) (Signed by Judge Katherine B. Forrest on 1/18/2017) (cla) (Entered: 01/18/2017)
2017-01-23	362	0		MEMO ENDORSEMENT on re: (68 in 14-cv-8012) Letter re: Intention to re-file motion filed by Lynn Hegna Moore, Craig Hegna, Steven Hegna, Edwina Hegna. ENDORSEMENT: Ordered: The Court would benefit from the parties' views on the position of the Hegna's in this litigation in light of the 2nd Circuit's decision. I would appreciate a short chronology and conclusion from any interested party. (Signed by Judge Katherine B. Forrest on 1/23/2017) (cla) Modified on 1/23/2017 (cla). (Entered: 01/23/2017)
2017-01-24	363	0		ORDER: The Court has received the Government's motion for partial summary judgment regarding the "agency issue" (ECF No. 1411) as well as the Claimants' opposition and cross-motion (ECF No. 1433) and the Government's opposition and reply (ECF No. 1442). The Court has not received courtesy copies from the Government, however, of the papers submitted in support of its motion. The Court notes that it has not retained physical copies of many of the historical submissions in this case. Specifically, the Court does not have copies of, inter alia, the following documents referenced by the Government in its motion: "Corrected Local Rule 56.1 Statement of Undisputed Facts," "Declaration of Jennifer A. McReynolds in Support of the Government's Motion for Summary Judgment" and the accompany exhibits, and Declaration of Anand Sithian in Opposition to Alavi Foundation's and 650 Fifth Avenue's Motion for Partial Summary Judgment" and the accompanying exhibits. Accordingly, the Government should send physical courtesy copies to the Court of such documents, as well as any other historical submissions cited in support of its motion, not later than January 30, 2017. Going forward, the parties should ensure that they submit courtesy copies to the Court of all motions and supporting papers. The Court further notes that many documents and materials have been filed under seal in this case. Going forward, few (if any) documents should be filed under seal unless a specific application is made. The Court hereby provides all parties with notice that all documents in support of the pending motions should immediately be filed on the public docket. (Signed by Judge Katherine B. Forrest on 1/24/2017) (mro) (Entered: 01/25/2017)
2017-02-02	364	0		MEMO ENDORSEMENT granting (1446 in case 1:08-cv-10934-KBF) Letter Motion for Leave to File a Reply Memorandum of Law in Support of Claimants Cross-Motion for Partial Summary Judgment. ENDORSEMENT: Ordered: Reply accepted. (Signed by Judge Katherine B. Forrest on 2/2/2017) (cla) (Entered: 02/02/2017)
2017-02-03	365	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Kathleen A. Roberts dated 2/2/2017 re: Twenty-Sixth Quarterly Monitor's Report. ENDORSEMENT: Ordered: Filed under seal. (Signed by Judge Katherine B. Forrest on 2/3/2017) (cla) (Entered: 02/03/2017)
2017-02-07	366	0		FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Bension D. DeFunis to Withdraw as Attorney . Document filed by Assa.(De Funis, Bension) Modified on 2/8/2017 (db). (Entered: 02/07/2017)
2017-02-08	367	0		LETTER addressed to Judge Katherine B. Forrest from Bension D. DeFunis dated Feb. 7, 2017 re: Request to withdraw. Document filed by Assa.(De Funis, Bension) (Entered: 02/08/2017)
2017-02-08	368	0		MEMO ENDORSEMENT on re: (65 in 1:14-cv-09652-KBF) Letter filed by ASSA Corporation, ASSA Company Limited, (377 in 1:10-cv-01627-KBF) Letter filed by ASSA Corporation, ASSA Company Limited, (367 in 1:11-cv-03761-KBF) Letter filed by Assa. ENDORSEMENT: SO ORDERED (Attorney Bension Daniel De Funis terminated.) (Signed by Judge Katherine B. Forrest on 2/8/2017) (cla) (Entered: 02/08/2017)
2017-02-16	369	0		OPINION & ORDER re: (1433 in 1:08-cv-10934-KBF) MOTION for Partial Summary Judgment - Notice of the Alavi Foundation's and the 650 Fifth Avenue Company's Cross Motion for Partial Summary Judgment filed by 650 Fifth Avenue Company, Alavi Foundation; (1411 in 1:08-cv-10934-KBF) MOTION for Partial Summary Judgment filed by United States of America. For the reasons set forth above, both pending motions for partial summary judgment are DENIED. This matter shall proceed to trial on the question of Alavi's knowledge of Assa's ownership and control by Iran, as scheduled. The Clerk of Court is directed to terminate the motions at ECF Nos. 1411 and 1433. (Signed by Judge Katherine B. Forrest on 2/16/2017) (cla) (Entered: 02/16/2017)
2017-02-21	370	0		ORDER: Initial Conference set for 3/15/2017 at 02:00 PM before Judge Katherine B. Forrest. The Court notes that in the instant action, Mr. Levin and Dr. Levin seek relief against the same defendants and assets as those in In re: 650 Fifth Avenue and Related Properties. Therefore, the Court will post this order in that case for notice purposes only. Only the parties in this case, 17-cv-959, are directed to appear and will be permitted to participate in the initial conference on March 15. (Signed by Judge Katherine B. Forrest on 2/21/2017) (cla) (Entered: 02/21/2017)
2017-02-28	371	0		OPINION & ORDER re: (1439 in 1:08-cv-10934-KBF) LETTER MOTION to Compel the Government to produce documents responsive to Claimants' document request addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated January 13, 2017. filed by 650 Fifth Avenue Company, Alavi Foundation. Defendants are entitled to present their statute of limitations defense. However, for the reasons discussed above, defendants' motion to reopen discovery is DENIED. The Clerk of Court is directed to terminate the motion at ECF No. 1439. (Signed by Judge Katherine B. Forrest on 2/28/2017) (cla) (Entered: 02/28/2017)
2017-03-06	372	0		MEMO ENDORSEMENT on re: (1475 in 1:08-cv-10934-KBF) Letter re: Suppression Hearing Schedule filed by 650 Fifth Avenue Company, Alavi Foundation. ENDORSEMENT: Ordered: Many thanks for the update! The hearing shall proceed as scheduled. (Signed by Judge Katherine B. Forrest on 3/6/2017) (cla) (Entered: 03/06/2017)
2017-03-03	373	0		CONSENT ORDER REGARDING ALAVI'S MANAGEMENT OF THE BUILDING. THE COURT HEREBY ORDERS AS FOLLOWS: The provisions of the October 23, 2013 Order and the November 22, 2013 Order transferring management responsibilities over the Fifth Avenue Company and the Building to former Magistrate Judge Roberts (the "Monitor and Interim Trustee"), specifically those described in paragraphs III.B3 and III.B.4 of the November 22, 2013 Order, are hereby modified, as follows: Alavi shall reassume the responsibilities of the Managing Partner of the 650 Avenue Company subject to the review and approval of the Monitor and Interim Trustee, and as further specified and set forth in this Consent Order Regarding Alavi's Management of the Building. So ordered. Entered as doc. #1472 in 08cv10934. (Signed by Judge Katherine B. Forrest on 3/2/2017) (rjm) (Entered: 03/07/2017)
2017-03-09	374	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Kathleen A. Roberts dated 2/27/2017 re: Request that the Court approve payment of fees incurred as Court-appointed Monitor. ENDORSEMENT: So ordered. (Signed by Judge Katherine B. Forrest on 3/9/2017) (cla) (Entered: 03/09/2017)
2017-03-13	375	0		MEMO ENDORSEMENT on re: (1487 in 1:08-cv-10934-KBF) Letter re: response to the Government's request in its 3/10/2017 prehearing submission filed by 650 Fifth Avenue Company, Alavi Foundation. ENDORSEMENT: Ordered: 1. Did Ms. Braziel train FBI agents on search protocols in 2007/08? 2. Is she familiar with the training materials produced by the Government? 3. I am inclined to let her testify if she answers #1 "yes"; but we will discuss the morning of the hearing. In all events, I would not let her testify that the search was "reasonable" or "unreasonable" -- just whether it complied with protocols and training. (Signed by Judge Katherine B. Forrest on 3/13/2017) (cla) (Entered: 03/13/2017)
2017-03-15	376	0		MEMO ENDORSEMENT on re: (1490 in 1:08-cv-10934-KBF) Letter re: technology support during the March 16, 2017 suppression hearing, filed by 650 Fifth Avenue Company, Alavi Foundation. ENDORSEMENT: So ordered. (Signed by Judge Katherine B. Forrest on 3/15/2017) (cla) (Entered: 03/15/2017)
2017-03-20	377	0		ENDORSED LETTER (E-MAIL): addressed to Judge Katherine B. Forrest from Michael D. Lockard dated 3/18/2017 re: continued suppression hearing and potential witness availability. ENDORSEMENT: SO ORDERED. (Signed by Judge Katherine B. Forrest on 3/20/2017) (ap) (Entered: 03/20/2017)
2017-03-20	378	0		IN THE MATTER OF AN APPLICATION TO BRING PERSONAL ELECTRONIC DEVICE(S) OR GENERAL PURPOSE DEVICE(S) INTO THE COURTHOUSES OF THE SOUTHERN DISTRICT OF NEW YORK FOR USE IN A PROCEEDING OR TRIAL: It is hereby ORDERED that the following attorney(s) are authorized to bring the Personal Electronic Device(s) and/or General Purpose Computing Device(s) collectively, "Devices") listed below into the Courthouse for use in a proceeding or trial in the action captioned In re: 650 Fifth Avenue and Related Properties. The attorney(s) identified in this Order must present a copy of this Order when entering the Courthouse. Bringing any authorized Device(s) into the Courthouse or its Environs constitutes a certification by the attorney that he or she will comply in all respects with the restrictions and obligations set forth in Standing Order M10-48, as Revised. (Signed by Judge Katherine B. Forrest on 3/20/2017) (cla) (Entered: 03/20/2017)
2017-03-21	379	0		MEMO ENDORSEMENT on re: (643 in 1:10-cv-02464-KBF, 604 in 1:09-cv-04784-KBF, 681 in 1:09-cv-00166-KBF, 1499 in 1:08-cv-10934-KBF, 686 in 1:09-cv-00553-KBF, 613 in 1:09-cv-04614-KBF, 690 in 1:09-cv-00165-KBF, 671 in 1:09-cv-00564-KBF) Letter, filed by Shirlee Hayman, Baruch Kahane, Maria Acosta, Steven M. Greenbaum, Ciporah Kaplan, Libby Kahane, Alan D. Hayman, Norman Kahane, Irving Franklin, Tova Ettinger, Ethel J. Griffin, Carlos Acosta. ENDORSEMENT: Ordered: Let's discuss this. The Court is holding a continued suppression hearing tomorrow and Thurs. with the Government and Alavi; can private plaintiffs' counsel be there at 11:30 am (tomorrow or Thurs.) for a conference on this? (Signed by Judge Katherine B. Forrest on 3/21/2017) (cla) (Entered: 03/21/2017)
2017-03-22	380	0		MEMO ENDORSEMENT on re: (616 in 1:09-cv-04614-KBF, 646 in 1:10-cv-02464-KBF, 693 in 1:09-cv-00165-KBF, 607 in 1:09-cv-04784-KBF, 689 in 1:09-cv-00553-KBF, 1502 in 1:08-cv-10934-KBF, 674 in 1:09-cv-00564-KBF, 684 in 1:09-cv-00166-KBF) Letter re: availability of Greenbaum, Acosta, Beer and Kirschenbaum judgment creditors for conference on March 23, 2017 at 1:00 p.m., filed by Shirlee Hayman, Baruch Kahane, Maria Acosta, Steven M. Greenbaum, Ciporah Kaplan, Libby Kahane, Alan D. Hayman, Norman Kahane, Irving Franklin, Tova Ettinger, Ethel J. Griffin, Carlos Acosta. ENDORSEMENT: SO ORDERED. (Signed by Judge Katherine B. Forrest on 3/22/2017) (cla) (Entered: 03/22/2017)
2017-03-23	381	0		ORDER: As set forth on the record at a conference on March 23, 2017 (see transcript): 1. Any party wishing to make any application regarding the "jury trial" issue must file any such letter application not later than March 30, 2017 (not more than five pages). Any response to such application shall be filed not later than April 6, 2017. Replies to such application are not required, but any reply must be filed not later than April 10, 2017. 2. Any summary judgment motions on the issues set forth on the record shall be filed not later than April 7, 2017. Any opposition thereto shall be filed not later than April 21, 2017. Any replies shall be filed not later than April 28, 2017. (Motions due by 4/7/2017., Responses due by 4/21/2017, Replies due by 4/28/2017.) (Signed by Judge Katherine B. Forrest on 3/23/2017) (cla) (Entered: 03/23/2017)
2017-03-31	382	0		ORDER: The Court held a continued suppression hearing in this action on March 30, 2017. As stated on the record during the hearing, the following deadlines shall govern post-hearing briefing: April 7, 2017 Government's post-hearing brief due; April 14, 2017 Claimant's response due; April 17, 2017 5:00 p.m. Government's reply, if any, due. As also stated on the record during the hearing, the following deadlines shall govern the submission of motions in limine for the upcoming trial on knowledge: April 28, 2017 Motions in limine due; May 12, 2017 Oppositions due. The Court notes that in addition to the deadlines detailed above, the additional deadlines adopted at ECF No. 1420 remain in place: May 15, 2017 Joint pretrial order due; May 18, 2017 1:00 p.m. Final pretrial conference. ( Brief due by 4/7/2017., Motions due by 4/28/2017., Pretrial Order due by 5/15/2017., Responses due by 5/12/2017, Reply to Response to Brief due by 4/17/2017., Responses to Brief due by 4/14/2017, Final Pretrial Conference set for 5/18/2017 at 01:00 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 3/31/2017) (cla) (Entered: 03/31/2017)
2017-03-31	383	0		ORDER: The Court notes that there is an open application in this action to file for summary judgment on at least one affirmative defense (the statute of limitations). (ECF No. 1416.) Any motions for summary judgment on this or any other affirmative defense shall be filed according to the following schedule: April 10, 2017 - Motions due; April 24, 2017 - Oppositions due; May 1, 2017 - Replies due. ( Motions due by 4/10/2017., Responses due by 4/24/2017, Replies due by 5/1/2017.) (Signed by Judge Katherine B. Forrest on 3/31/2017) (cla) (Entered: 03/31/2017)
2017-03-31	384	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Daniel Ruzumna dated 3/30/2017 re: Request for a One-Day Adjournment. ENDORSEMENT: SO ORDERED. (Signed by Judge Katherine B. Forrest on 3/30/2017) (cla) (Entered: 03/31/2017)
2017-04-03	385	0		ORDER: Accordingly, from this date forward, any filing made in any of the private turnover actions shall be filed under the caption: Kirschenbaum, et al. v. 650 Fifth Avenue and Related Properties and should include all case numbers associated with the turnover actions, as set forth above. The use of "Kirschenbaum" in the caption signifies nothing more than use of one of the names of the many actions; it is helpful to use the one that was the first name in the Second Circuit's decision. Thus, the caption for any filing in any of the turnover actions should appear as further set out in the order. In addition, the Court recognizes that having all filings also appear in case number 08-cv-10934 continues to serve a notice function (particularly in light of the agreement between the private judgment creditors and the Government regarding future distributions of funds). Therefore, all filings in any turnover action shall also be filed in 08-cv-10934. (Signed by Judge Katherine B. Forrest on 4/3/2017) (cla) (Entered: 04/03/2017)
2017-04-03	386	0		ORDER: Following the Court's order regarding how filings in the private turnover actions before it should hereinafter be captioned, the Court again sets forth the schedule discussed at the conference on March 23, 2017 (and currently posted at ECF No. 1506 in case number 08-cv-10934): March 31, 2017 Deadline for any party to make an application (not to exceed five pages) regarding the "jury trial" issue; April 7, 2017 Responses due; April 10, 2017 Replies, if any, due. April 7, 2017 Deadline for any summary judgment motions on the issues set forth on the record during the March 23 conference; April 21, 2017 Oppositions due; April 28, 2017 Replies due. (Signed by Judge Katherine B. Forrest on 4/3/2017) (cla) Modified on 4/7/2017 (cla). (Entered: 04/03/2017)
2017-04-04	387	0		MANDATE of USCA (Certified Copy) as to 334 Notice of Interlocutory Appeal, filed by Lynn Marie Hegna Moore, Paul B. Hegna, Steven A. Hegna, Edwena R. Hegna, Craig M. Hegna. USCA Case Number 15-3007-cv. UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the appeal is DISMISSED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 04/04/2017. (nd) (Entered: 04/05/2017)
2017-04-05	388	0		MANDATE of USCA (Certified Copy) as to 303 Notice of Appeal, filed by 650 Fifth Avenue Company, Alavi Foundation. USCA Case Number 14-1974(con). Upon consideration thereof, IT IS HEREBY ORDERED, ADJUDGED and DECREED that the district court's judgment is VACATED and the case is REMANDED for further proceedings consistent with this Court's opinion. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 03/21/2017. (Attachments: # 1 Opinion)(nd) (Entered: 04/05/2017)
2017-04-07	389	0		MEMO ENDORSEMENT on re: (1529 in 1:08-cv-10934-KBF) Letter filed by 650 Fifth Avenue Company, Alavi Foundation. ENDORSEMENT: So ordered. (Motions due by 4/12/2017., Responses due by 4/26/2017, Replies due by 5/3/2017.) (Signed by Judge Katherine B. Forrest on 4/6/2017) (cla) (Entered: 04/07/2017)
2017-04-06	390	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 4/5/2017 re: Reply to Motion for Clarification/Reconsideration. ENDORSEMENT: Ordered: Post to docket. (Signed by Judge Katherine B. Forrest on 4/6/2017) (cla) (Entered: 04/07/2017)
2017-04-10	391	0		MOTION for Summary Judgment . Document filed by 650 Fifth Avenue Company, Alavi Foundation.(Ruzumna, Daniel) (Entered: 04/10/2017)
2017-04-10	392	0		MEMORANDUM OF LAW in Support re: 391 MOTION for Summary Judgment . (Redacted). Document filed by 650 Fifth Avenue Company, Alavi Foundation. (Ruzumna, Daniel) (Entered: 04/10/2017)
2017-04-10	393	0		DECLARATION of Daniel S. Ruzumna in Support re: 391 MOTION for Summary Judgment .. Document filed by 650 Fifth Avenue Company, Alavi Foundation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5 pt 1, # 6 Exhibit 5 pt 2, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19 pt 1, # 21 Exhibit 19 pt 2, # 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 33, # 36 Exhibit 34, # 37 Exhibit 35, # 38 Exhibit 36, # 39 Exhibit 37, # 40 Exhibit 38)(Ruzumna, Daniel) (Entered: 04/10/2017)
2017-04-10	394	0		RULE 56.1 STATEMENT. Document filed by 650 Fifth Avenue Company, Alavi Foundation. (Ruzumna, Daniel) (Entered: 04/10/2017)
2017-04-10	395	0		MOTION to Seal Document 391 MOTION for Summary Judgment ., 393 Declaration in Support of Motion,,, 394 Rule 56.1 Statement, 392 Memorandum of Law in Support of Motion Motion for Leave to File Redacted Documents on the Docket. Document filed by 650 Fifth Avenue Company, Alavi Foundation.(Ruzumna, Daniel) (Entered: 04/10/2017)
2017-04-10	396	0		ORDER: denying (1491) Motion for Reconsideration in case 1:08-cv-10934-KBF. Accordingly, claimants' motion is DENIED. The Clerk of Court is directed to terminate the Motion at ECF No. 1491. (Signed by Judge Katherine B. Forrest on 4/10/2017) (ap) Modified on 4/11/2017 (ap). (Entered: 04/10/2017)
2017-04-10	397	0		LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated April 10, 2017 re: FSIA claim. Document filed by 650 Fifth Avenue Company, Alavi Foundation.(Ruzumna, Daniel) (Entered: 04/10/2017)
2017-04-10	398	0		LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated April 10, 2017 re: reply to Plaintiffs' April 7, 2017 letter contesting Defendants' right to a jury trial. Document filed by 650 Fifth Avenue Company, Alavi Foundation.(Ruzumna, Daniel) (Entered: 04/10/2017)
2017-04-11	399	0		MEMO ENDORSEMENT on re: (409 in 1:10-cv-01627-KBF), (361 in 1:13-cv-01825-KBF), (397 in 1:11-cv-03761-KBF), (358 in 1:13-cv-01848-KBF) Letter re: FSIA claim filed by 650 Fifth Avenue Company, Alavi Foundation. ENDORSEMENT: So ordered. (Signed by Judge Katherine B. Forrest on 4/11/2017) (cla) (Entered: 04/11/2017)
2017-04-14	400	0		ORDER granting (1568 in case 1:08-cv-10934-KBF) Letter Motion for Extension of Time to File Claimants' post-hearing brief. The request for an extension is GRANTED. Claimants shall submit their memorandum not later than 5:00 p.m. on Monday April 17, 2017; the Government shall submit its reply not later than 12:00 p.m. on Thursday April 20, 2017. ( Brief due by 4/17/2017., Responses to Brief due by 4/20/2017) (Signed by Judge Katherine B. Forrest on 4/14/2017) (cla) (Entered: 04/17/2017)
2017-04-17	401	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Martin Bell dated 4/13/2017 re: Sealed Exhibit 7 to Motion for Summary Judgment. ENDORSEMENT: Ordered: Post to docket. (Signed by Judge Katherine B. Forrest on 4/17/2017) (cla) (Entered: 04/17/2017)
2017-04-17	402	0		MEMO ENDORSEMENT granting (1561 in case 1:08-cv-10934-KBF) Motion to Seal Document. ENDORSEMENT: So ordered. (Signed by Judge Katherine B. Forrest on 4/17/2017) (cla) (Entered: 04/17/2017)
2017-04-18	403	0		ORDER: The Clerk of Court is hereby directed to strike the document at ECF No. 1572 from the record. Claimants are directed to file a redacted version immediately. (Signed by Judge Katherine B. Forrest on 4/18/2017) (cla) (Entered: 04/18/2017)
2017-04-18	404	0		ORDER: Trial in this action on the issue of Claimants' knowledge is scheduled to commence on May 30, 2017. (See ECF No. 1400.) The Court issues this Order to make clear that the final pretrial conference is scheduled for Friday, May 19, 2017, at 1:00 p.m. (See ECF No. 1420.) (Final Pretrial Conference set for 5/19/2017 at 01:00 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 4/18/2017) (cla) (Entered: 04/18/2017)
2017-04-19	405	0		LETTER MOTION for Extension of Time to File Response/Reply as to 391 MOTION for Summary Judgment . addressed to Judge Katherine B. Forrest from Ralph P. Dupont dated 04/19/2017. Document filed by Craig M. Hegna, Edwena R. Hegna, Paul B. Hegna, Steven A. Hegna, Lynn Marie Hegna Moore.(Dupont, Ralph) (Entered: 04/19/2017)
2017-04-19	406	0		MEMORANDUM DECISION & ORDER: In this Memorandum Decision & Order, the Court reiterates what has been clear since 2013-to the extent that defendants ever had a right to a jury trial on plaintiffs' claims under the Terrorism Risk Insurance Act, they, without reservation, long ago waived it. While new (additional) counsel has now appeared and has attempted to revisit this issue, the waiver, once made, was complete. For the aforementioned reasons, to the extent that defendants had a right to a jury trial on plaintiffs' claims under the Terrorism Risk Insurance Act, defendants have waived that right. Accordingly, this case is to be tried to the bench. (As further set forth in this Memorandum Decision & Order.) *** JURY DEMAND updated. (Signed by Judge Katherine B. Forrest on 4/19/2017) (mro) (Entered: 04/19/2017)
2017-04-19	407	0		MEMO ENDORSEMENT on re: (1577 in 1:08-cv-10934-KBF) Letter filed by United States of America. ENDORSEMENT: Ordered: Can Alavi & 650 provide any opposition within 3 days? (Signed by Judge Katherine B. Forrest on 4/19/2017) (mro) (Entered: 04/19/2017)
2017-04-19	408	0		ORDER granting 1578 Letter Motion for Extension of Time in 1:08-cv-10934-KPF; granting 418 Letter Motion for Extension of Time in 1:10-cv-01627-KBF. So ordered. (Signed by Judge Katherine B. Forrest on 4/19/2017) ( Responses due by 4/24/2017, Replies due by 5/2/2017.) (mro) (Entered: 04/19/2017)
2017-04-19	409	0		LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated April 19, 2017 re: in response to the April 7, 2017 letter of the private judgment creditor. Document filed by 650 Fifth Avenue Company, Alavi Foundation.(Ruzumna, Daniel) (Entered: 04/19/2017)
2017-04-20	410	0		ORDER granting 405 Letter Motion for Extension of Time to File Response/Reply re 391 MOTION for Summary Judgment . So Ordered. (Replies due by 5/2/2017.) (Signed by Judge Katherine B. Forrest on 4/20/2017) (cla) (Entered: 04/20/2017)
2017-04-21	411	0		MEMO ENDORSEMENT on re: (1577 in 1:08-cv-10934-KBF) Letter re: Trial schedule filed by United States of America. ENDORSEMENT: Ordered: Denied. The Government has additional counsel -- and the Court regularly holds jury selection during this time. The trial shall proceed as scheduled. (Signed by Judge Katherine B. Forrest on 4/21/2017) (cla) (Entered: 04/21/2017)
2017-04-21	412	0		ORDER denying (1587 in case 1:08-cv-10934-KBF) Letter Motion for Conference. Ordered: Denied. The trial has been long scheduled. These issues were not raised before. We shall proceed to trial on schedule and deal with issues on a case by case basis if and when they actually arise. (Signed by Judge Katherine B. Forrest on 4/21/2017) (cla) (Entered: 04/21/2017)
2017-04-21	413	0		ORDER: The Court clarifies that the Levin plaintiffs' instant action, case number 17-cv-959, is not currently consolidated or coordinated with the other private turnover actions in Kirschenbaum, et al. v. 650 Fifth Avenue and Related Properties. If the Levin plaintiffs wish to have the instant action consolidated and coordinated with Kirschenbaum, et al. v. 650 Fifth Avenue and Related Properties, they must file a motion to do so not later than May 1, 2017. Any oppositions to that motion by any interested party would be due May 8, 2017, and the Levin plaintiffs' reply would be due May 12, 2017. For notice purposes, the Court is also posting this Order in the following cases: 08-cv-10934; 09-cv-165; 09-cv-166; 10-cv-1627; 11-cv-3761; 12-mc-19; 12-mc-20; 12-mc-21; 12-mc-22; 13-mc-71; 13-cv-1825; and 13-cv-1848. (Signed by Judge Katherine B. Forrest on 4/21/2017) (cla) (Entered: 04/21/2017)
2017-04-21	414	0		ORDER: The Court had previously indicated that it hoped to rule on Claimants' pending motion to suppress by April 21, 2017. In light of the subsequent extension granted by the Court for the filing of the post-hearing briefs, the Court now intends to provide the parties with an indication of its ruling by the close of business on Wednesday, April 26, 2017. (Signed by Judge Katherine B. Forrest on 4/21/2017) (cla) (Entered: 04/21/2017)
2017-04-24	415	0		ORDER: For certain motions now pending before the Court, the parties have requested, and the Court has granted, permission to file redacted documents on the docket. (See, e.g., ECF Nos. 1561, 1570, 1571.) The parties should ensure that when they file redacted documents on the docket, they also send unredacted copies to Chambers (preferably both electronically via email and in paper copy form) and additionally submit unredated copies to the Records Management Department, following the instructions listed on the Southern District of New York's website for sealed records. (Signed by Judge Katherine B. Forrest on 4/24/2017) (mro) (Entered: 04/25/2017)
2017-04-24	416	0		ORDER: For certain motions now pending before the Court, the parties have requested, and the Court has granted, permission to file redacted documents on the docket. The parties should ensure that when they file redacted documents on the docket, they also send unredacted copies to Chambers (preferably both electronically via email and in paper copy form) and additionally submit unredated copies to the Records Management Department, following the instructions listed on the Southern District of New York's website for sealed records. (Signed by Judge Katherine B. Forrest on 4/24/2017) (mro) (Entered: 04/25/2017)
2017-04-26	417	0		ORDER: The Court hereby notifies the parties that it intends to DENY Claimants' pending motion to suppress. (See ECF Nos. 535, 1540, 1574, 1583.) A decision setting forth the Court's ruling will issue in the near future. (Signed by Judge Katherine B. Forrest on 4/26/2017) (cla) Modified on 4/26/2017 (cla). (Entered: 04/26/2017)
2017-05-01	418	0		ORDER: The Court has received a letter from the Government seeking clarification regarding the scope of the upcoming trial in this action scheduled to commence on May 30, 2017. (ECF No. 1611.) The Court's use of the shorthand "knowledge"-a key element of the Government's various claims-was another way of saying "liability." In other words, the key issue on which the Second Circuit believed there was a triable issue was knowledge. That issue shall now be tried to a jury in the above captioned case-along with any other issues necessary to resolve liability. The one outstanding issue apart from liability of which the Court is aware is the statute of limitations defense asserted by Claimants. The parties have each filed a motion for summary judgment on the statute of limitations defense, which are both fully briefed. The Court intends to issue a decision on those motions shortly. In order to ensure that there is no confusion as to the scope of the upcoming trial, both sides should confer and present the Court with a letter (not more than three pages) that sets forth any issues which they believe are NOT the subject of the trial but which are necessary to fully resolve the above-captioned matter. Such letter shall be filed not later than May 3, 2017, at 5:00 p.m. (Signed by Judge Katherine B. Forrest on 5/1/2017) (mro) (Entered: 05/01/2017)
2017-05-01	419	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Leigh Barnwell dated 4/26/2017 re: We respectfully request that the unredacted versions of the documents listed herein be filed under seal. ENDORSEMENT: So ordered. (Signed by Judge Katherine B. Forrest on 5/1/2017) (mro) (Entered: 05/01/2017)
2017-05-01	420	0		MEMO ENDORSEMENT on re: (1624 in 1:08-cv-10934-KBF) Letter filed by 650 Fifth Avenue Company, Alavi Foundation. ENDORSEMENT: SO ORDERED. ( Replies due by 5/3/2017.) (Signed by Judge Katherine B. Forrest on 5/1/2017) (mro) (Entered: 05/01/2017)
2017-05-01	421	0		MEMO ENDORSEMENT granting (1615) Motion for Leave to File Documents Under Seal and to File Redacted Documents on the Docket in case 1:08-cv-10934-KBF. ENDORSEMENT: So ordered. (Signed by Judge Katherine B. Forrest on 5/1/2017) (mro) (Entered: 05/01/2017)
2017-05-01	422	0		ORDER: The Court has received the parties' recently filed motions in limine. (ECF Nos. 1616, 1619.) In their motions, the parties indicate, inter alia, that they wish to renew their previously filed motions in limine, as the Court indicated was permissible. While the previously filed (and now renewed) motions need not be refiled, the parties should submit to the Court as soon as possible unredacted courtesy copies of the previously filed motions and supporting papers. As the Court has previously noted, it does not retain physical copies of many of the historical submissions in this case. (ECF No. 1443.) (Signed by Judge Katherine B. Forrest on 5/1/2017) (mro) (Entered: 05/02/2017)
2017-05-02	423	0		REPLY MEMORANDUM OF LAW in Support re: 391 MOTION for Summary Judgment . . Document filed by 650 Fifth Avenue Company, Alavi Foundation. (Ruzumna, Daniel) (Entered: 05/02/2017)
2017-05-03	424	0		MEMO ENDORSEMENT on re: (1539 in 1:08-cv-10934-KBF) Letter filed by 650 Fifth Avenue Company, Alavi Foundation. ENDORSEMENT: Ordered: It is premature to rule on whether a rebuttal summation will be appropriate. We will see how the evidence at trial develops. The Government's motion is DENIED with leave to renew as appropriate. (Signed by Judge Katherine B. Forrest on 5/3/2017) (mro) (Entered: 05/03/2017)
2017-05-03	425	0		MEMO ENDORSEMENT on re: (1633 in 1:08-cv-10934-KBF) Letter filed by 650 Fifth Avenue Company, Alavi Foundation. ENDORSEMENT: Ordered: The Court views a questionnaire as appropriate on at least two issues: (1) duration (cause issue) (2) muslim bias (also, bias against those of Persian descent). Would the Government please provide its position on the above letter from Mr. Gleeson as well as the Court's comments not later than 5/4/17 at 5 pm. (Signed by Judge Katherine B. Forrest on 5/3/2017) (mro) (Entered: 05/03/2017)
2017-05-03	426	0		ORDER: Pending before the Court is defendants' motion to dismiss plaintiffs' complaint in the above-captioned case for lack of subject matter jurisdiction and failure to state a claim. (ECF No. 51.) The Court intends to DENY defendants' motion to dismiss with regards to the Levin plaintiffs' claims under the Terrorism Risk Insurance Act of 2002 and the Foreign Sovereign Immunities Act. An order with regard to that motion will issue separately in the near future. In various filings before this Court, the Levin plaintiffs have previously sought to have the instant action consolidated and coordinated with other private turnover actions presently before this Court (which the Court has captioned Kirschenbaum, et al. v. 650 Fifth Avenue and Related Properties). (See, e.g., ECF No. 56-1 at 2 ("We understand the March 16, 2010 Order to mean that Levin 650 is consolidated for pretrial purposes with In re: 650 and ask the Court to so order."); ECF No. 74 at 1 n.3 ("By Order of this Court dates March 17, 2010, the Levin Plaintiff's action is consolidated with the action captioned In re 650 Fifth Avenue and Related Properties...consisting of...numerous private post-judgment enforcement proceedings commenced by other judgment creditors of Iran seeking to satisfy their judgments.).) The private turnover actions in Kirschenbaum are scheduled to commence trial before the bench on May 30, 2017. On April 21, 2017, the Court clarified that the Levin plaintiffs' instant action is not currently consolidated with the other private turnover actions in Kirschenbaum. (ECF No. 100.) The Court further ordered that if the Levin plaintiffs sought to have this instant action consolidated with Kirschenbaum, they were to file a motion to do so not later than May 1, 2017; the Court ordered that any responses to that motion by any interested party would be due May 8, 2017. (Id.) The Court has not received a renewed motion by the Levin plaintiffs to have the instant action consolidated with Kirschenbaum. The Court has received, however, a letter from defendants stating that "to the extent any of the Levins' claims survive, Defendants believe that the Levin action should be consolidated with the actions of the other private creditors [in Kirschenbaum]." (ECF No. 108.) Although it is unclear whether the Levin plaintiffs seek to renew their prior request for consolidation (or believe that such request is still pending), the Court believes that it is prudent to raise a few issues concerning consolidation. As this case is set to move forward, the Court recognizes that there may be a variety of procedural issues, some of which may involve prejudice to one side or the other, concerning the potential coordination and consolidation of this case with Kirschenbaum. Accordingly, the Court seeks the parties' views on the following; as further set forth herein. The parties should respond to these questions not later than May 5, 2017 at 5:00 p.m. (Signed by Judge Katherine B. Forrest on 5/3/2017) (mro) (Entered: 05/03/2017)
2017-05-03	427	0		ORDER terminating (1532) Motion for Reconsideration in case 1:08-cv-10934-KBF, terminating (399) in case 1:10-cv-1627-KBF. This order clarifies the coordination of trials in the above-captioned cases. As everyone is aware, there is substantial, though not complete, overlap in the issues to be tried. Both trials shall commence on May 30, 2017. Any witness called to testify should, to the extent practicable, not have to return at a later date. Testimony provided in the 650 matter shall also be considered testimony to the bench for the Kirschenbaum matter. If there are issues which need to be developed for the Kirschenbaum matter separate and apart from the 650 matter, we will take those as they come in the evenings, on Fridays, or even on weekends as necessary. Any party wishing to develop the testimony of a witness for the Kirschenbaum case that is separate and apart from the 650 case shall provide a written proffer to the Court at least three days in advance of the witness being called, unless good cause is shown. As for documents, those documents received into evidence in the 650 matter shall similarly be received in the Kirschenbaum matter. Because Kirschenbaum is a bench trial and 650 is to be tried to a jury, there may be documents received in the former that are not received in the latter. We will take it step by step. Claimants/defendants argue that "it would be prejudicial to try the TRIA claims-in which the courtroom would be full of the families of victims of state-sponsored terrorismin the same courtroom as a jury trial on a forfeiture case." (ECF No. 1636 at 5 in Case No. 08-cv-10934.) There is a strong and deeply rooted presumption in favor of an open courtroom. See Westmoreland v. Columbia Broad. Sys. Inc., 752 F.2d 16, 23 (2d Cir. 1984). In addition, the fact that the Government's proceeds (if any) from the civil forfeiture action are to go to the victims in the private judgment creditor actions (per Stipulation and Order entered into between the Government and all but one of the judgment creditors) further supports that any such victims and their families are entitled to attend the public proceedings. The Court fully expects that some will; this is not uncommon in a high profile case. The Court addressed this issue, as well as many of the others raised by claimants/defendants, back when the forfeiture action and private turnover actions were set to proceed to trial together in 2013. Claimants/defendants have not raised a sufficient basis to change course now. To avoid doubt, the joint pretrial order materials for the Kirschenbaum matter, as described in the undersigneds Individual Rules of Practice in Civil Cases, shall be submitted (including by way of cross reference to the 650 matter), not later than May 22, 2017. This order makes it clear that we are picking up where we left off three years ago. We were only days away from a combined trial then. The Clerk of Court is directed to terminate the motion at ECF No. 399 in Case No. 10-cv-1627 and ECF No. 1532 in Case No. 08-cv-10934. ( Pretrial Order due by 5/22/2017.) (Signed by Judge Katherine B. Forrest on 5/3/2017) (mro) (Entered: 05/03/2017)
2017-05-04	428	0		MEMORANDUM DECISION & ORDER: For the reasons discussed above, the Court finds that plaintiffs' claim under FSIA Section 1610(b)(3) remains live and will be tried to the bench alongside plaintiffs' TRIA claim commencing May 30, 2017. (Signed by Judge Katherine B. Forrest on 5/4/2017) (kgo) Modified on 5/4/2017 (kgo). (Entered: 05/04/2017)
2017-05-05	429	0		ORDER granting (1598) Letter Motion to Compel; granting (1653) Letter Motion to Compel in case 1:08-cv-10934-KBF. Claimants have filed a letter motion to compel the Government to update its production of documents related to its cooperating witness and other impeachment material relevant to its witnesses. (ECF No. 1598; see also ECF Nos. 1642, 1653.) Claimants ask that the Court order the Government to make such production by May 12, 2017. (ECF Nos. 1642, 1653.) The Government filed a letter in response stating that they "are, and have been, in the process of reviewing Government files for additional responsive, non-privileged discoverable materials." (ECF No. 1652.) In particular, the Government notes that it is reviewing its files to obtain documents responsive to Claimants' request. (Id.) In short, the substance of Claimants' request is unopposed. The Court hereby ORDERS the Government to complete its production of responsive documents not later than May 12, 2017. The Clerk of Court is directed to terminate the motions at ECF Nos. 1598 and 1653. (Signed by Judge Katherine B. Forrest on 5/5/2017) (mro) (Entered: 05/05/2017)
2017-05-08	430	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Martin Bell dated 3/31/17 re: Please see the attached. ENDORSEMENT: ORDERED: Post on Docket. (Signed by Judge Katherine B. Forrest on 5/8/2017) (mro) (Entered: 05/08/2017)
2017-05-08	431	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Daniel Ruzumna dated 3/31/17 re: We respectfully submit the attached stipulation in connection with the suppression hearing in the above-captioned matter. ENDORSEMENT: ORDERED: Post on Docket. (Signed by Judge Katherine B. Forrest on 5/8/2017) (mro) (Entered: 05/08/2017)
2017-05-08	432	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Daniel Tracer dated 4/10/17 re: The Government writes to clarify that we marked the Government's stipulation, originally submitted below, as "GX-70," with a revised version attached. Any reference to GX-70 in our briefing refers to this document. ENDORSEMENT: ORDERED: Post on Docket. (Signed by Judge Katherine B. Forrest on 5/8/2017) (mro) (Entered: 05/08/2017)
2017-05-10	433	0		ORDER: The Court must reschedule the final pretrial conference in these actions currently scheduled for May 19, 2017, at 1:00 p.m. The final pretrial conference is hereby rescheduled for Thursday, May 18, 2017, at 10:00 a.m. ( Final Pretrial Conference set for 5/18/2017 at 10:00 AM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 5/10/2017) (mro) (Entered: 05/10/2017)
2017-05-10	434	0		MEMORANDUM DECISION & ORDER denying 1557 Motion for Summary Judgment in 1:08-cv-10934-KBF; granting 1562 Motion for Summary Judgment in 1:08-cv-10934-KBF. For the reasons set forth above, Claimants' motion for summary judgment is DENIED and the Government's motion for summary judgment is GRANTED. The Clerk of Court is directed to terminate the motions at ECF Nos. 1562 and 1557. (As further set forth in this Memorandum Decision & Order.) (Signed by Judge Katherine B. Forrest on 5/8/2017) (mro) (Entered: 05/10/2017)
2017-05-10	435	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Martin Bell dated 5/9/17 re: Please see the attached. ENDORSEMENT: Ordered: 1. All parties should post everything possible to the docket. Something like this should have been posted to the docket. 2. Defendant/claimants should respond within 6 days (by 5/16/17). (Signed by Judge Katherine B. Forrest on 5/10/2017) (mro) Modified on 5/31/2017 (mro). (Entered: 05/10/2017)
2017-05-15	436	0		MEMORANDUM DECISION & ORDER denying (1541) Motion for Summary Judgment in case 1:08-cv-10934-KBF; denying (706) Motion for Summary Judgment in case 1:09-cv-00165-KBF; denying (696) Motion for Summary Judgment in case 1:09-cv-00166-KBF; denying (403) Motion for Summary Judgment in case 1:10-cv-1627-KBF; denying (391) Motion for Summary Judgment in case 1:11-cv-3761-KBF; denying (368) Motion for Summary Judgment in case 1:12-mc-19-KBF; denying (361) Motion for Summary Judgment in case 1:12-mc-20-KBF; denying (368) Motion for Summary Judgment in case 1:12-mc-21-KBF; denying (366) Motion for Summary Judgment in case 1:12-mc-22-KBF; denying (378) Motion for Summary Judgment in case 1:13-mc-71-KBF; denying (363) Motion for Summary Judgment in case 1:13-cv-1825-KBF; denying (360) Motion for Summary Judgment in case 1:13-cv-1848-KBF. For the reasons discussed above, defendants' motion for summary judgment is DENIED. The Clerk of Court is directed to terminate the motion at ECF No. 1541. (As further set forth in this Memorandum Decision & Order.) (Signed by Judge Katherine B. Forrest on 5/15/2017) (mro) (Entered: 05/15/2017)
2017-05-15	437	0		ENDORSED LETTER addressed to Judge Katherine B. Forrest from Michael D. Lockard dated 5/12/17 re: The Government respectfully submits the attached letter, which is submitted ex parte and requests filing under seal for reasons set forth in the letter. ENDORSEMENT: Ordered: Why is this filed ex parte? Can't it be redacted? Defendants/Claimants should be aware of virtually all of the information disclosed, right? (Signed by Judge Katherine B. Forrest on 5/15/2017) (mro) (Entered: 05/15/2017)
2017-05-15	438	0		MEMO ENDORSEMENT on re: (1667 in 1:08-cv-10934-KBF) Letter filed by 650 Fifth Avenue Company, Alavi Foundation. ENDORSEMENT: Ordered: Do Plaintiffs have a position? (Signed by Judge Katherine B. Forrest on 5/15/2017) (mro) (Entered: 05/15/2017)
2017-05-15	439	0		ORDER: The Court is in receipt of the parties' comments to the Court's proposed jury questionnaire (Draft Version 1). (ECF Nos. 1666, 1670.) The Court has incorporated many of the comments and attaches an updated proposed questionnaire (Draft Version 2) to this Order. The parties are directed to provide any non-duplicative additional comments regarding the Court's proposed questionnaire (Draft Version 2) not later than May 17, 2017, at 5:00 p.m. (Signed by Judge Katherine B. Forrest on 5/15/2017) (Attachments: # 1 Attachment)(mro) (Entered: 05/15/2017)
2017-05-15	440	0		OPINION & ORDER: For the reasons set forth above, and based on the factual findings made by this Court following an evidentiary hearing, Claimants' motion for suppression is DENIED, and as further set forth in this order. (Signed by Judge Katherine B. Forrest on 5/15/2017) (ap) (Entered: 05/15/2017)
2017-05-16	441	0		MEMO ENDORSEMENT granting (1685) Motion to Seal Document in case 1:08-cv-10934-KBF. ENDORSEMENT: So ordered. (Signed by Judge Katherine B. Forrest on 5/16/2017) (mro) (Entered: 05/16/2017)
2017-05-16	442	0		MEMO ENDORSEMENT on re: (1683 in 1:08-cv-10934-KBF) Letter filed by United States of America. ENDORSEMENT: So ordered. (Signed by Judge Katherine B. Forrest on 5/16/2017) (mro) (Entered: 05/16/2017)
2017-05-18	443	0		OPINION AND ORDER: re: (1612 in 1:08-cv-10934-KBF) MOTION in Limine to Exclude the Expert Testimony of Miriam R. Albert. filed by Shirlee Hayman, Baruch Kahane, Maria Acosta, Steven M. Greenbaum, Ciporah Kaplan, Libby Kahane, Alan D. Hayman, Norman Kahane, Irving Franklin, Tova Ettinger, Ethel J. Griffin, Carlos Acosta, (1619 in 1:08-cv-10934-KBF) MOTION in Limine Notice of renewed motions in limine. filed by United States of America, (1616 in 1:08-cv-10934-KBF) MOTION in Limine / Notice of Motions in Limine. filed by 650 Fifth Avenue Company, Alavi Foundation. Accordingly, the Government's MIL 11 is DENIED as moot. The Court's rulings on the pending motions in limine are set forth above. The Clerk of Court is directed to terminate the motions at ECF Nos. 1612, 1616, and 1619. (Signed by Judge Katherine B. Forrest on 5/17/2017) (rj) (Entered: 05/18/2017)
2017-05-17	444	0		ENDORSED LETTER (email) addressed to Judge Katherine B. Forrest from Daniel M. Tracer dated 5/16/2017 re: The Government respectfully submits two additional exhibits to the joint pretrial order. The cover letter and exhibit list have been filed on ECF, and we request that the deposition designation be filed under seal, consistent with the remainder of the designations filed last night. ENDORSEMENT: So ordered. But all parties should be aware that I see no reason for any filings under seal at this point. We can discuss tomorrow at the FPTC. (Entered as Endorsed letter doc. no. 1707 in case no. 08cv10934). (Signed by Judge Katherine B. Forrest on 5/17/2017) Entered in cases as per docketing directive. (rjm). (Entered: 05/18/2017)
2017-05-18	445	0		ORDER: Today the Court held a final pretrial conference in the above-captioned actions. While not relevant to this civil matter, the Court realized after the conference that it had misspoken. It is of course the case that no negative inferences may be drawn from the defendants failure to testify in a criminal matter. Mitchell v. United States, 526 U.S. 314, 328 (1999). In civil cases, the Supreme Court has recognized that "the prevailing rule [is] that the Fifth Amendment does not forbid adverse inferences against parties to civil actions when they refuse to testify in response to probative evidence offered against them." Id. (quoting Baxter v. Palmigiano, 425 U.S. 308, 318 (1976)). The Court notes that it will be receiving further submissions from the parties on this issue, as discussed on the record. (Signed by Judge Katherine B. Forrest on 5/18/2017) Filed In Associated Cases: 1:08-cv-10934-KBF et al. and case nos. 10-cv-1627 11-cv-3761 12-mc-19 12-mc-20 12-mc-21 12-mc-22 13-mc-71 13-cv-182513-cv-1848 (ap) (Entered: 05/18/2017)
2017-05-22	446	0		LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated May 22, 2017 re: Technology for Trial. Document filed by 650 Fifth Avenue Company, Alavi Foundation. (Attachments: # 1 Text of Proposed Order)(Ruzumna, Daniel) (Entered: 05/22/2017)
2017-05-23	447	0		MEMO ENDORSED on re: (#1717 in 1:08-cv-10934-KBF) Letter filed by 650 Fifth Avenue Company, Alavi Foundation. ENDORSEMENT: Ordered. 1) We have had very bad experiences with outside vendors hooking their equipment into our's. If there is any issue switching between equipment the Court will immediately require counsel to unhook everything. (we will not have delays in front of the jury for this). 2. Give it a try but understand the risks. So Ordered (Signed by Judge Katherine B. Forrest on 5/23/2017) (js) (Entered: 05/23/2017)
2017-05-24	448	0		ENDORSED LETTER: addressed to Judge Katherine B. Forrest from Pamela S. Takefman dated 5/23/2017 re: Counsel writes pursuant to your Honor's Individual Rules of Practice in Civil Cases, enclosed please fins an unredacted courtesy copy of the Joint Pre-Trial Order, filed yesterday evening, May 22, 2017. ENDORSEMENT: Post to docket. So Ordered. (Signed by Judge Katherine B. Forrest on 5/24/2017) (js) (Entered: 05/24/2017)
2017-05-24	449	0		LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated May 24, 2017 re: "delta" evidence in response to the Courts May 18, 2017 final pretrial conference. Document filed by 650 Fifth Avenue Company, Alavi Foundation.(Ruzumna, Daniel) (Entered: 05/24/2017)
2017-05-25	450	0		PRETRIAL STATEMENT Alavi Foundation's and 650 Fifth Avenue Company's Pretrial Memorandum. Document filed by 650 Fifth Avenue Company, Alavi Foundation.(Ruzumna, Daniel) (Entered: 05/25/2017)
2017-05-26	451	0		ORDER: Any party that wishes to respond to the submissions at ECF Nos. 1737, 1741, and 1742 shall do so by midnight tonight, May 26, 2017. So Ordered (Signed by Judge Katherine B. Forrest on 5/26/2017) (js) (Entered: 05/26/2017)
2017-05-26	452	0		ORDER: Accordingly, each of the Judgment Creditors and the defendants will be given 8 hours of additional examination time for matters relating solely to the issues in the private turnover actions. Examinations for matters relating solely to the issues in the private turnover actions will take place outside of the presence of the jury between 5:15 p.m. and 7:30 p.m. Monday through Thursday. Such examinations may also take place on Fridays, as necessary. In determining whether additional examination of a witness is necessary, the parties shall abide by the following notification procedures: As soon as a witness in the civil forfeiture jury trial has completed all direct and cross-examination testimony, any party in these private turnover actions who wishes to elicit additional (non-duplicative) testimony from such witness (relating solely to the issues in the private turnover actions) must immediately notify the Court at the next break. They shall also proffer the length of the expected additional examination. To the extent possible, the witness will then testify that evening regarding matters relating solely to the issues in the private turnover actions. If the witnessess testimony is not completed in one evening, it will continue the next evening, to the extent possible. The Court will not take a break during the 5:15 p.m. 7:30 p.m. time frame. Therefore, if so desired, counsel should bring sufficient snacks or plan to eat after 7:30 p.m., as necessary. (Signed by Judge Katherine B. Forrest on 5/26/2017) (js) (Entered: 05/26/2017)
2017-05-28	453	0		LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated May 28, 2017 re: Judgment Creditors' May 25th, 2017 Letter. Document filed by 650 Fifth Avenue Company, Alavi Foundation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Ruzumna, Daniel) (Entered: 05/28/2017)
2017-05-30	454	0		MEMORANDUM DECISION AND ORDER: Accordingly, while Assas interests may no longer be formally at issue in this case, the rationale behind the rule allowing leading questions remains in place. The Court will allow the Government to lead each of the five witnesses. Claimants will undoubtedly cross-examination the witnesses regarding communications with the Government and preparation for trial. The Governments confidential human source (CHS) is expected to testify attrial. The Government has sought to preclude any questioning or other use of two polygraph tests administered to the CHS. Claimants have previously referred to those tests as casting doubt on the reliability of information provided by the CHS. In their most recent submission on this matter Claimants assert the FBI's decision to take the unusual step of successively polygraphing its key witness is highly relevant to the FBI's own assessment of that witnesss credibility. (ECF No. 1760 at 4.) The Court will not allow any use of the polygraph tests at this trial. Such tests are of unknown reliability and introduction of them runs a serious risk of misleading the jury into viewing them as evidence of truthfulness. The Court therefore precludes them both under Rule 401 as irrelevant to the propensity for truthfulness or any other issue on trial (given their unreliability), and in all events precludes them under the balancing of Rule 403. Claimants have submitted no facts suggesting that the polygraph testing administered here has any particular indicia of reliability. The Court therefore assumes that the polygraph testing performed on the CHS is subject to the same infirmities as polygraph testing at issue in other cases. Under the circumstances, the Court has no confidence in such testing and will not allow its presentation to the jury. Most lay jurors are likely to assume that polygraph testing administered by the FBI will have accurate results and there is plainly no evidence that that is the case. The risk of misleading the jury and prejudicing the Government by this type of evidence is great and the probative value small. Claimants argue that they should be allowed to admit the fact that polygraph tests were administered to demonstrate to the jury that the FBI was concerned about the CHSs truthfulness. However, given the Courts view as to the lack of reliability of the polygraph results, the Court will not allow questioning as to the polygraph tests at all. There is really no way to start down this road and not leave unfair questions and impressions in the jurys mind. If the jury hears that a polygraph test was administered, but does not hear the result and then hears that another one was administered a logical assumption would be that at least one of them was failed. This, in turn, could lead the jury to assume that such failure has evidentiary value. It does not. On balance, having considered the issue, the Court finds that the unreliability of the polygraph tests administered here militates against their use or admission in this proceeding in any way. (Signed by Judge Katherine B. Forrest on 5/30/2017) (js) Modified on 5/30/2017 (js). (Entered: 05/30/2017)
2017-05-30	455	0		MEMORANDUM DECISION AND ORDER: Accordingly, the Court views the direct testimony of each of these witnesses to require no more than 20 minutes. Claimants/defendants now also argue that charitable witness testimony is relevant to determine the extent to which Claimants/defendants properties are forfeitable. (ECF No. 1737 at 4-5.) However, they have provided generalities only and no specificsthe Court is not going to revisit this issue. For example, Claimants/defendants assert: Many of the schools and charitable organizations that operate on the properties have also raised funds that they have used to improve the properties they use. (Id. at 5.) Yet, there is not a shred of evidence that supports a particular number. Instead, it would seem that Claimants/defendants intend to call these witnesses to testify that they engage in fund raising and, through this back door, discuss the nature of the charitable works. This lack of specifics invites speculation and may mislead the jury under Rule 403. If there are specific financial documents supportive of the payment for improvements, Alavi should have included these on its exhibit list. In sum, the Court will not allow Claimants/defendants to turn this trial into a referendum on the nature and quality of Alavis charitable works or speculation as to the improvements of the properties; the Court will only allow limited evidence concerning Alavis charitable contributions to the extent relevant to this trial, as discussed above. So Ordered (Signed by Judge Katherine B. Forrest on 5/30/2017) (js) Modified on 5/30/2017 (js). (Entered: 05/30/2017)
2017-05-30	456	0		MEMORANDUM DECISION AND ORDER: Claimants motion to reconsider the Courts decision allowing the Government to introduce the witnesses Fifth Amendment assertions is denied for the foregoing reasons. The Courts rulings on the method for introducing the witnesses Fifth Amendment invocations and Claimants rebuttal evidence are set forth above. So Ordered. (Signed by Judge Katherine B. Forrest on 5/30/2017) (js) (Entered: 05/30/2017)
2017-05-30	457	0		MEMORANDUM DECISION AND ORDER: Accordingly, the Government will be allowed to introduce certain out-of-court statements of Mohammad Badr Taleh. The Government also seeks to reargue the Courts exclusion of certain out-of court statements made by Mohammad Deghani Tafti. The Court needs to further understand how proffer agreements in this district typically worked in the applicable time frame what would have exposed Tafti to criminal prosecution and what would not have. It may be that this Courts limited understanding of proffer agreements has led it to an erroneous decision. Therefore, the Court requests thatthe Government: (1) provide it with a copy of the proffer agreement that was in useat the time; (2) inform the Court precisely which statements it seeks to use from the several pages of interview; and (3) explain to the Court how each of those statements could both be one against interest and also not run afoul of other rules of evidence (e.g. prohibition on speculation). (Signed by Judge Katherine B. Forrest on 5/30/2017) (js) (Entered: 05/30/2017)
2017-05-30	458	0		LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 5/30/2017 re: updated version of Claimaints' witness list. Document filed by 650 Fifth Avenue Company, Alavi Foundation. (Attachments: # 1 Alavi Foundation & 650 Fifth Avenue Company List of Witnesses)(Ruzumna, Daniel) (Entered: 05/30/2017)
2017-05-31	459	0		MEMORANDUM DECISION AND ORDER: In sum, the Government and Judgment Creditors assert that both Geramian and Ahmadi gave false sworn testimony in the Gabay and Flatow litigations. In the face of contrary evidence, Geramian submitted a sworn affidavit that Alavi conducted no business with Iran or with the Mostazafan Foundation. In fact, at the time, Alavi was serving as a managing partner of an entity that was providing services to Iran. Ahmadi also answered no to questions at a deposition regarding whether he had ever received instructions from Iran when there is evidence to the contrary. In addition,Geramian corresponded with representatives of the Government of Iran, including officials from the Bonyad Mostazafan, regarding the Gabay litigation. He apparently submitted a copy of the affidavit he intended to submit in that litigation in advance to Tehran. This evidence is plainly and highly relevant to the issues now on trial. There is no doubt that it passes any Rule 401 threshold. As for Rule 403, the probative value of the evidence is not outweighed by the danger of unfair prejudice or misleading/confusing the jury. There are a number of inferences that may be drawn from this evidence an obvious one is that Geramian and Ahmadi took steps to conceal Bank Melli's and Iran's relationship with Alavi. 3 How the Government and Judgement Creditors ultimately seek to use this evidence remains to be seen but there are many obvious and appropriate ways that it may be used. (Signed by Judge Katherine B. Forrest on 5/31/2017) (js) Modified on 5/31/2017 (js). (Entered: 05/31/2017)
2017-05-31	460	0		MEMORANDUM DECISION AND ORDER: Accordingly, the information provided to the State was intentionally incorrect and misleading. Each of the statements at issue was also made in furtherance of this conspiratorial scheme. The Court further finds that there is sufficient evidence in the record to support that the Bonyad Mostazafan exercised sufficient control over Alavi that the statements are properly considered party admissions. One fact demonstrative of this (along with the documentary evidence of control) is that there was an overlap inboard membership during this time period. Finally, the Court agrees that the documents would also be admissible under Rule 803(3) to show the declarant's state of mind. COMMUNICATIONS CONCERNING BANK MELLI AND ASSA Claimants also seek to preclude numerous exhibits on the basis that they contain communications with and between Bank Melli Iran and/or Assa. First, the documents have significant non-hearsay purposes that are evident from their faces (for instance, many of the documents do not contain assertions but contain requests). But second, here again there are a number of rules which allow admission even if the statements were considered for the truth. The first is as a party admission. The 650 Fifth Avenue Company is a Claimant in this case. Assa is a40% owner (prior to forfeiture and at the time of the statements). Assa was a front for Bank Melli. Accordingly, the documents are admissible as party admissions under Federal Rule of Evidence 801(d)(2)(A). In addition, the documents are admissible as the statements of co conspirators.The Court has no trouble finding that there is sufficient evidence in the record to support the existence of a conspiracy between Assa, Bank Melli, and Alavi during the relevant time period. The Court has described this above but in short, the conspiracy concerned, inter alia, avoiding legitimate tax liabilities by subterfuge. Portions of the documents are also admissible under the "then existing state of mind" exception. Finally, to the extent an appropriate foundation can be laid, many of these documents are routine business records and also appear to satisfy the business records exception. Accordingly, having reviewed the documents at issue in Claimants application, the Court declines to preclude any of them. (Signed by Judge Katherine B. Forrest on 5/31/2017) (js) (Entered: 05/31/2017)
2017-05-31	461	0		MEMORANDUM DECISION & ORDER: As discussed with the parties at the close of the day on May 30, 2017, the Court viewed the Claimants'/defendants' opening statement as exceeding the bounds of the Courts orders regarding how evidence relating to the Alavi Foundation's charitable works will be handled. The Court incorporates by reference its decision on the motions in limine, dated May 17, 2017, (MIL Op., ECF No. 1706), and its order issued on May 30, 2017, (Charitable Witnesses Op., ECF No. 1776), as further set forth in this Order. Thus, Claimants should pre-clear areas of inquiry relating to the Government's investigation to prevent disruption in front of the jury. The Court prefers that this be done in writing 24 hours in advance of a witness testifying. As for Detective Michael Esposito, Claimants should prepare something in writing immediately for the Court to review at a break. In short, if Claimants do not provide a proffer in advance to explain what they intend to do and why with specificity the Court will not allow the testimony as it does not perceive the relevance. Claimants also have expressed some vague intention of calling lawyers who represented the Alavi witnesses who invoked the Fifth Amendment. The Court requires a detailed proffer before it will allow any such witness to be called. Certainly no outside lawyer can speak to his or her client's state of mind, and no private lawyer can opine on the state of the criminal investigation. (See Fifth Amendment Op. 11-12.) The Court does not see the relevance of any such testimony to the issues in the case and awaits a proffer. As the Court has previously stated, Claimants may ask the investigating agents whether the criminal investigation was active, whether an invoking witness was considered to have testimony relevant to that investigation, and whether the investigator outwardly expressed to the witness or to the witness's counsel that, no matter what was said, the investigator would not believe the witness. These are discrete, limited areas. (Signed by Judge Katherine B. Forrest on 5/31/2017) (mml) (Entered: 05/31/2017)
2017-06-01	462	0		MEMORANDUM DECISION AND ORDER: Accordingly, the Court will allow the Judgment Creditors to use the Geramian statements indicated from the July 2008 interview. (Signed by Judge Katherine B. Forrest on 6/1/2017) (js) (Entered: 06/01/2017)
2017-06-01	463	0		MEMORANDUM DECISION AND ORDER: Accordingly, the text of the proffer agreement makes it perfectly clear that far from giving Tafti any comfort that the information he was providing to the Government would allow him to reduce or eliminate criminal exposure, any information he provided could be used to prosecute him directly. Based on the further information that the Court now has regarding all of the facts and circumstances, as well as the specific recitation of the statements the Government seeks to offer (which eliminates the problematic ones), the Court allows the Government to introduce the Tafti statements. (Signed by Judge Katherine B. Forrest on 6/1/2017) (js) (Entered: 06/01/2017)
2017-06-02	464	0		ORDER: We have now completed the first three days of trial. Thus far, there has been an average of approximately 4.5 hours of testimony per full trial day. The Court notes that this is less than the Court's initial estimate of approximately 5.5 hours of testimony per day. The Court hopes that the amount of testimony per day will be able to increase, as there were many preliminary matters and evidentiary issues raised by the parties during the first few days of trial which needed to be discussed outside the presence of the jury that utilized time otherwise available for testimony. To date, the Government has used 1 hour more time than Claimants have used. As there are 13 days of trial remaining, the Court now expects that there will be approximately 60 hours of time remaining for testimony, closing arguments, and charging the jury (that is, 4.5 hours per day for 13 days). As the Court needs about 2.5 hours to charge the jury at this time (but subject to change as conditions change)the Government should expect to have approximately 28.25 hours of time remaining (to use for eliciting testimony and for their closing argument) and Claimants should expect to have around 29.25 hours of time remaining (to elicit testimony and for their closing argument). (Signed by Judge Katherine B. Forrest on 6/2/2017) (js) (Entered: 06/02/2017)
2017-06-03	465	0		LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 6/3/2017 re: Plaintiff Judgment Creditors offer of Plaintiffs Exhibits (PX) 1171 and 1172 into evidence. Document filed by 650 Fifth Avenue Company, Alavi Foundation.(Ruzumna, Daniel) (Entered: 06/03/2017)
2017-06-05	466	0		MEMORANDUM DECISION AND ORDER re: (1769 in 1:08-cv-10934-KBF, LETTER addressed to Judge Katherine B. Forrest from John Gleeson of Debevoise & Plimpton LLP dated 5/29/17 re: Seeking to Preclude Admission of Transcript. Document filed by 650 Fifth Avenue Company, Alavi Foundation.) The Court DENIES Claimants' application to preclude the recording, and as further set forth herein. (Signed by Judge Katherine B. Forrest on 6/5/2017) (ras) (Entered: 06/05/2017)
2017-06-06	467	0		LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 06/06/2017 re: Government's Discovery Materials. Document filed by 650 Fifth Avenue Company, Alavi Foundation.(Ruzumna, Daniel) (Entered: 06/06/2017)
2017-06-06	468	0		LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated June 6, 2017 re: Productions Referenced in our June 6, 2017 Letter. Document filed by 650 Fifth Avenue Company, Alavi Foundation. (Attachments: # 1 Exhibit (Exhibit 1 Part 1/2), # 2 Exhibit (Exhibit 1 Part 2/2), # 3 Exhibit (Exhibit 2 Part 1/2), # 4 Exhibit (Exhibit 2 Part 2/2), # 5 Exhibit (Exhibit 3 Part 1/3), # 6 Exhibit (Exhibit 3 Part 2/3), # 7 Exhibit (Exhibit 3 Part 3/3), # 8 Exhibit (Exhibit 4), # 9 Exhibit (Exhibit 5 Part 1/2), # 10 Exhibit (Exhibit 5 Part 2/2), # 11 Exhibit (Exhibit 6 Part 1/7), # 12 Exhibit (Exhibit 6 Part 2/7), # 13 Exhibit (Exhibit 6 Part 3/7), # 14 Exhibit (Exhibit 6 Part 4/7), # 15 Exhibit (Exhibit 6 Part 5/7), # 16 Exhibit (Exhibit 6 Part 6/7), # 17 Exhibit (Exhibit 6 Part 7/7), # 18 Exhibit (Exhibit 7), # 19 Exhibit (Exhibit 8), # 20 Exhibit (Exhibit 9), # 21 Exhibit (Exhibit 10), # 22 Exhibit (Exhibit 11), # 23 Exhibit (Exhibit 12 Part 1/5), # 24 Exhibit (Exhibit 12 Part 2/5), # 25 Exhibit (Exhibit 12 Part 3/5), # 26 Exhibit (Exhibit 12 Part 4/5), # 27 Exhibit (Exhibit 12 Part 5/5), # 28 Exhibit (Exhibit 13 Part 1/5), # 29 Exhibit (Exhibit 13 Part 2/5), # 30 Exhibit (Exhibit 13 Part 3/5), # 31 Exhibit (Exhibit 13 Part 4/5), # 32 Exhibit (Exhibit 13 Part 5/5))(Ruzumna, Daniel) (Entered: 06/06/2017)
2017-06-07	469	0		ORDER: Accordingly, is it correct that fraud as to one fact does not vitiate knowledge as to another, if there is no fraud as to the latter? a. If Assa has knowledge as to a fact within the scope of the Partnerships affairs, and there is a showing of fraud as to that particular fact, isn't knowledge of other facts still imputed to the partnership? What is the legal basis for arguing that forfeiture extends only to management fees and not further. 8. What is the legal basis for arguing that forfeiture does not extend to tax payments? 9. Are bank accounts and the funds in such accounts treated differently than ordinary proceeds or property? The parties include a section in the proposed jury charge on tracing of funds into a bank account and indicate that such section should only be included if needed. Under what circumstances is such a charge needed? Does such proposed charge relate to both of the Governments forfeiture theories or only one? (Signed by Judge Katherine B. Forrest on 6/7/2017) (js) Modified on 6/7/2017 (js). (Entered: 06/07/2017)
2017-06-11	470	0		LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated June 11, 2017 re: Exhibit List. Document filed by 650 Fifth Avenue Company, Alavi Foundation. (Attachments: # 1 Exhibit (Alavi Foundation and 650 Fifth Avenue Company's Exhibit List))(Ruzumna, Daniel) (Entered: 06/11/2017)
2017-05-24	471	0		ORDER: The Court has received Claimants/defendants' May 23, 2017, letter regarding J. Duross OBryan. (ECF No. 1725 in Case No. 08-cv-10934.) Any response from the Government and/or Judgment Creditors shall be filed by Friday, May 26, 2017, at 12:00 p.m. (Signed by Judge Katherine B. Forrest on 5/24/2017) (ras) (Entered: 06/12/2017)
2017-06-13	472	0		MEMORANDUM DECISION AND ORDER: Accordingly, Steines's testimony is precluded in its entirety. The parties should proceed according to the instructions set forth in this order. So Ordered (Signed by Judge Katherine B. Forrest on 6/13/2017) (js) (Entered: 06/13/2017)
2017-06-13	473	0		LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated 06/13/2017 re: the Judgment Creditors' 06/08/2017 letter. Document filed by 650 Fifth Avenue Company, Alavi Foundation. (Attachments: # 1 Exhibit A)(Ruzumna, Daniel) (Entered: 06/13/2017)
2017-06-14	474	0		MEMORANDUM DECISION AND ORDER : In sum, the Court will give an instruction to the jury each time a videotaped deposition of a witness invoking the Fifth is played to the jury. This instruction will cover, in sum and substance, what is contained in the first three paragraphs of Claimants proposal at ECF No. 1825. These paragraphs are agreed to by the Government. The Court will not, however, include in the instruction the additional material requested by Claimants, for the reasons stated above. (Signed by Judge Katherine B. Forrest on 6/14/2017) (js) (Entered: 06/14/2017)
2017-06-14	475	0		ORDER: Attached are the Courts rulings on Claimants objections to the Governmentand private judgement creditors Modarres deposition designations. As to allhearsay objections, the co-conspirator exception applies or the statement is not hearsay at all. (Signed by Judge Katherine B. Forrest on 6/14/2017) (Attachments: # 1 Exhibit)(js) (Entered: 06/14/2017)
2017-06-16	476	0		ORDER: If defendants in the Judgment Creditor actions are pursuing any defenses other than as mentioned in their pretrial statement, they must provide the Court with any legal arguments in support of those defenses not later than June 18, 2017. (Signed by Judge Katherine B. Forrest on 6/16/2017) (jwh) (Entered: 06/16/2017)
2017-06-16	477	0		ORDER: Having considered scheduling further, the Court hereby informs the parties in the above-captioned cases that they should be prepared to deliver closing arguments on Thursday or Friday of next week (i.e. June 22 or June 23).1 As the Court has explained, it will not be sitting on Monday, June 26, to accommodate a juror's observance of Ramadan. The Court is also sitting by designation on the Second Circuit for a portion of the afternoon on Wednesday, June 28. Furthermore, as previously explained, one of the jurors has pre-existing plans and thus becomes unavailable beginning Friday, June 30. Accordingly, the parties should be prepared to conclude trial and hand the case over to the jury for deliberations by the end of next week. (Signed by Judge Katherine B. Forrest on 6/16/2017) (js) (Entered: 06/16/2017)
2017-06-19	478	0		LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated June 19, 2017 re: Alavi Foundation and 650 Fifth Avenue Company's updated exhibit list. Document filed by 650 Fifth Avenue Company, Alavi Foundation. (Attachments: # 1 Exhibit A, Updated Exhibit List)(Ruzumna, Daniel) (Entered: 06/19/2017)
2017-06-20	479	0		ORDER: It is hereby ordered, that the caption in the proceeding Deborah D.Peterson, Personal Representative of the Estate of James C. Knipple (Dec.), et al. v. 650 Fifth Avenue Company, Alavi Foundation, ASSA Corporation, and ASSA Company Limited, Case Number 10 Civ. 1627 -- is and shall be corrected as set forth below, and that the Clerk shall enter the names reflected in the corrected caption on the Court's docket. (Signed by Judge Katherine B. Forrest on 6/20/2017) (js) Modified on 6/20/2017 (js). (Entered: 06/20/2017)
2017-06-21	480	0		ORDER: The Court encloses to this Order a document that was distributed to all parties and discussed on the record on June 21, 2017. (Signed by Judge Katherine B. Forrest on 6/21/2017) (rj) (Entered: 06/21/2017)
2017-06-22	481	0		MEMORANDUM DECISION AND ORDER: Based on Mr. Lockards statements under oath in his declaration, which the Court credits, there is no basis for any finding of culpability with regard to what has occurred here. As the Court has noted, given the size and complexity of this case, as well as the myriad tasks which the Government attorneys were faced with accomplishing, the Government made extraordinary efforts to comply with the discovery demands and the Courts discovery orders. The late-productions that occurred here are examples of what inevitably can happen in a complex case with millions of pages of material that everyone is trying their best to keep track of. The critical factor, as the Court has already discussed, is the prejudice of such late disclosures here, Claimants have not shown any such prejudice.Claimants have requested that, as alternative relief to a mistrial, the Court grant their request for an adverse inference. However, they have been entirely non specific as to what form such an adverse-inference would take. But ultimately the absence of specifics is neither here nor there: as there has been a total lack of any showing of real prejudice to Claimants, the Court declines to grant such relief. Accordingly, Claimants application is DENIED in its entirety. So Ordered (Signed by Judge Katherine B. Forrest on 6/22/2017) (js) (Entered: 06/22/2017)
2017-06-22	482	0		MEMORANDUM DECISION AND ORDER: The Court has now completed a careful review of the trial testimony of Special Agents Ennis and McWilliams. It is clear to the Court that the statements made by Badr-Taleh previously admitted were properly done so. (Signed by Judge Katherine B. Forrest on 6/22/2017) (js) (Entered: 06/22/2017)
2017-06-23	483	0		ORDER: The evidentiary record in this case is now closed and trial summations will commence on Monday, June 26, 2017. The Court attaches to this order an updated copy of the draft Jury Charge! and an updated copy of the draft Verdict Form2. Electronic copies are also being sent to the parties. The Court instructs the parties to closely review the updated drafts. The Court also wishes to point out a few specific points with regard to the draft Jury Charge. After further consideration, the Court decided to retain the word "context" in the Statements of Counsel and Court Not Evidence charge.3 With regard to imputation of knowledge-based on a review of the applicable Second Circuit precedent-the Court believes that fraud must be proven by clear and convincing evidence. This is now reflected in the Imputation of Knowledge charge. The Court solicits the parties input (if any) on this point. Also based on a review of the applicable precedent, the Court has tweaked the language used to describe reasonable reliance, as reflected in the Imputation of Knowledge charge. The Court also solicits the parties input (if any) on this point. With regard to the draft Verdict Form, the Court has updated the addresses of the real property at issue (as discussed on the record and as reflected in GX 79). The parties should inform the Court if they do not believe that the real properties at issue are accurately presented. Any final comments or input on the draft Jury Charge and/or draft Verdict Form shall be submitted to the Court not later than Saturday, June 24, 2017, at 5:00 p.m. (Signed by Judge Katherine B. Forrest on 6/23/2017) (js) (Entered: 06/23/2017)
2017-06-25	484	0		LETTER addressed to Judge Katherine B. Forrest from Daniel S. Ruzumna dated June 25, 2017 re: Plaintiffs' June 20, 2017 and June 21, 2017 Letters. Document filed by 650 Fifth Avenue Company, Alavi Foundation.(Ruzumna, Daniel) (Entered: 06/25/2017)