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In re: 650 Fifth Avenue and Related Properties (1:08-cv-10934-LAP)

U.S. District Court for the Southern District of New York

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In re: 650 Fifth Avenue and Related Properties (1:08-cv-10934-LAP)

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  • ORDER with respect to (Document 2200) Motion for TRO. Counsel shall confer and inform the Court by letter how they wish to proceed on the pending probable cause motion [dkt. no. 2200]. SO ORDERED. (Signed by Judge Loretta A. Preska on 6/5/2020) (va)

  • MEMORANDUM & ORDER granting (Document 2253) Motion to Stay. For the foregoing reasons, the Governments motion to stay this litigation pending appeal [dkt. no. 2253] is GRANTED. SO ORDERED. (Signed by Judge Loretta A. Preska on 6/4/2020) (va)

  • ORDER granting (Document 2261) Letter Motion to Seal. Because the Court finds that the materials at issue contain confidential commercial information, counsel's request to file the relevant materials under seal is granted. SO ORDERED. (Signed by Judge Loretta A. Preska on 5/14/2020) (va)

  • ORDER: The Court is in receipt of the Government's motion to stay this action pending appeal. (See dkt. no. 2253.) The parties shall confer and propose by letter a briefing schedule no later than May 1, 2020. SO ORDERED (Signed by Judge Loretta A. Preska on 4/29/2020) (va)

  • MEMORANDUM & ORDER: For the reasons set out above, the Court concludes that the capital expenditures made for the Building since December 12, 2019, including base Building improvements and tenant improvements, were necessary to maintain and preserve the Building and thus were appropriately excluded in calculating net income for distribution to Claimants. SO ORDERED. (Signed by Judge Loretta A. Preska on 4/29/2020) (va)

  • MEMORANDUM & ORDER re: (Document 2229) Letter, filed by 650 Fifth Avenue Company. Accordingly, the request to impose a new 50/50 allocation on payment of the Partnership's legal fees (dkt. no. 2229) is denied. SO ORDERED. (Signed by Judge Loretta A. Preska on 4/29/2020) (va)

  • ORDER: The Court has inquired of the Monitor whether budgets have been published in the past and, if so, if there have been objections. The Monitor will respond, and counsel will be given the opportunity to comment. SO ORDERED. (Signed by Judge Loretta A. Preska on 4/16/2020) (va)

  • ORDER denying (Document 2210) Motion for Reargument. Before the Court is the Levins' motion (dkt. no. 2210)to reconsider the order dated March 6, 2020 (dkt. no. 2202) granting the Judgment Creditors' motion to withdraw the order of consolidation. The motion is DENIED. (Signed by Judge Loretta A. Preska on 4/13/2020) (va)

  • ORDER granting (Document 2232) Letter Motion to Seal. Because the Court finds that the letter at issue contains confidential commercial information, counsel's request to file the unredacted letter under seal is granted. SO ORDERED. (Signed by Judge Loretta A. Preska on 4/7/2020) (va)

  • ORDER granting (Document 2228) Letter Motion to Seal: Because the Court finds that the letter at issue contains confidential commercial information, counsel's request to file the unredacted letter under seal is granted. (Signed by Judge Loretta A. Preska on 4/3/2020) (jwh)

  • MONITORSHIP, BUILDING MANAGEMENT, AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Loretta A. Preska on 3/30/2020) (va)

  • ORDER granting (Document 2221) Letter Motion to Seal. Because the Court finds that the letter at issue contains confidential commercial information, Counsel's request to file the unredacted letter under seal is granted. SO ORDERED. (Signed by Judge Loretta A. Preska on 3/30/2020) (mml)

  • ORDER granting (Document 2212) Letter Motion to Seal. The relevant financial reports may be filed under seal. SO ORDERED. (Signed by Judge Loretta A. Preska on 3/20/2020) (va)

  • ORDER granting (Document 2152) Motion to Vacate. For the reasons set out above, the Judgment Creditors' motion to vacate the consolidation order [dkt. no. 2152] is GRANTED. SO ORDERED. (Signed by Judge Loretta A. Preska on 3/6/2020) (va)

  • ORDER re: (Document 2198) Letter, filed by 650 Fifth Avenue Company, Alavi Foundation. The Court is in receipt of Claimants' letter seeking guidance concerning a briefing schedule on the Government's application for a temporary restraining order. (See dkt. no. 2198.) Claimants shall file papers in opposition to the Government's application by no later than Friday, March 13, 2020 at 5:00 PM. The Government my reply by no later than Tuesday, March 17, 2020 at 5:00 PM. SO ORDERED. ( Responses due by 3/13/2020, Replies due by 3/17/2020.) (Signed by Judge Loretta A. Preska on 3/5/2020) (va)

  • OPINION & ORDER re: (Document 2175) MOTION to Modify the December 12, 2019 Protective Order, filed by 650 Fifth Avenue Company, Alavi Foundation. For the foregoing reasons, Claimants' motion to modify the protective order (dkt. no. 2175) is GR ANTED. The order is modified to allow for rental income generated by the building from December 12, 2019, the date of the issuance of the Court of Appeals' mandate (dkt. no. 2160), until such time as hearing can be held, to flow to Claimants. The parties shall confer and propose by a letter a briefing schedule for the issues discussed at the February 12 oral argument, including the issue of probable cause for pretrial seizure. SO ORDERED. (Signed by Judge Loretta A. Preska on 3/2/2020) (va)

  • ORDER: On February 28, the Government filed an ex parte application for a restraining order. The Government takes no position as to whether the application should be filed. It has, however, informed the Court that certain portions of the papers conta in confidential business information, disclosure of which would cause competitive harm to the Partnership. Accordingly, the Government shall file redacted copies of its Memorandum of Law and Declaration omitting the confidential business information. The parties shall confer and inform the Court by letter of a proposed briefing schedule. SO ORDERED. (Signed by Judge Loretta A. Preska on 3/02/2020) (ama)

  • ORDER: The Court will set forth the reasoning for its decision in a forthcoming opinion. In the meantime, the parties shall confer and propose by letter a briefing schedule for the issues discussed at the February 12 oral argument, including the is sue of probable cause for pretrial seizure. After reviewing the proposed briefing schedule, the Court will set a date for a hearing on the issue of establishing probable cause for any pretrial seizure of the Building's rental income. SO ORDERED. (Signed by Judge Loretta A. Preska on 2/13/2020) (va)

  • ORDER: At the conference currently scheduled for February 12, 2020 at 2:00 PM, (see dkt. no. 2188), the Court will entertain oral argument on Claimants' motion to modify the protective order entered on December 12, 2019, (see dkt. no. 2175). The Judgment Creditors who submitted papers in opposition to that motion, (see dkt. no. 2179), may attend the February 12 conference and participate in oral argument. SO ORDERED. (Signed by Judge Loretta A. Preska on 2/6/2020) (va)

  • ORDER granting (Document 2187) Letter Motion to Adjourn Conference. SO ORDERED. Status Conference set for 2/12/2020 at 02:00 PM before Judge Loretta A. Preska. (Signed by Judge Loretta A. Preska on 1/31/2020) (va)

  • ORDER: Counsel for the Government and for Claimants Alavi Foundation and 650 Fifth Avenue Company shall confer and inform the Court by letter no later than January 31, 2020 how they propose to proceed in light of the issuance of the Court of Appeals ' mandate. (See dkt. no. 2160.) Counsel shall then appear for a conference on February 6, 2020 at 10:00 AM in Courtroom 12A at 500 Pearl Street, New York, NY. SO ORDERED. ( Status Conference set for 2/6/2020 at 10:00 AM in Courtroom 12A, 500 Pearl Street, New York, NY 10007 before Judge Loretta A. Preska.) (Signed by Judge Loretta A. Preska on 1/23/2020) (va)

  • PROTECTIVE ORDER AND TRUSTEE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Judge Loretta A. Preska on 12/12/2019) (ks)

  • OPINION AND ORDER: Accordingly, the motions for stays are DENIED except to the limited extent set forth above, namely, to provide a six month period during which the charitable organizations with active operations at certain properties find alternat ive arrangements. For the reasons set forth above, the Governments motion (motion number 1) is GRANTED in part and Claimants motions (motions numbers 2-5) are DENIED. The Clerk of Court is directed to terminate the motions as indicated. (Signed by Judge Katherine B. Forrest on 9/1/2017) (js)

  • MEMORANDUM AND OPINION: For the foregoing reasons, the Court finds that the Judgment Creditors have proven entitlement to attach and execute upon the Subject Properties under both § 201(a) of the Terrorism Risk Insurance Act and § 1610(b )(3) of the Foreign Sovereign Immunities Act. 81 The parties shall confer on an appropriate form of judgment and provide to the Court within one week. Upon entry of judgment, the Clerk of Court shall terminate all open motions in the above-listed actions. (Signed by Judge Katherine B. Forrest on 6/29/2017) Filed In Associated Cases: 1:08-cv-10934-KBF et al.(jp)

  • 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 Aven ue 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) Filed In Associated Cases: 1:08-cv-10934-KBF et al. (ras)

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In re: 650 Fifth Avenue and Related Properties (1:08-cv-10934-LAP)

U.S. District Court for the Southern District of New York

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