| CLOSED,ECF |
Commonwealth of the Northern Mariana Islands v. William H. Millard Assigned to: Judge Lewis A. Kaplan
|
Date Filed: 03/31/2011 Date Terminated: 10/21/2014 Jury Demand: None |
| Plaintiff | ||
|
ABC
TERMINATED: 08/31/2011 |
||
| Plaintiff | ||
| Commonwealth of the Northern Mariana Islands | represented by | Michael Sangyun Kim
Kobre & Kim LLP 800 Third Avenue 6th Floor New York, NY 10022 (212) 488-1201 Fax: (212) 488-1220 Email: michael.kim@kobrekim.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Adriana Riviere-Badell Kobre & Kim LLP 2 South Biscayne Boulevard, 35th Floor Miami, FL 33131 (305) 967-6117 Fax: (305) 967-6120 Email: adriana.riviere-badell@kobrekim.com PRO HAC VICE ATTORNEY TO BE NOTICED Marcus Johnson Green Kobre & Kim, LLP (DC) 1919 M Street, N.W. Suite 410 Washington, DC 20036 +1 (202) 664-1900 Fax: + (202) 664-1920 Email: marcus.green@kobrekim.com ATTORNEY TO BE NOTICED Sean Patrick Casey Kobre & Kim LLP (NYC) 800 Third Avenue New York, NY 10022 (212) 488-1205 Fax: (212) 488-1225 Email: scasey@wmhlaw.com TERMINATED: 09/09/2011 PRO HAC VICE |
V. | ||
| Defendant | ||
|
DEF
TERMINATED: 08/31/2011 |
||
| Defendant | ||
| William H. Millard | ||
V. | ||
| Garnishee | ||
| Merrill Lynch Pierce Fenner & Smith Inc | ||
| Intervenor Defendant | ||
| The Millard Foundation | represented by | Alton G Burkhalter
Burkhalter Kessler Clement & George LLP 2020 Main Street, Suite 600 Irvine, CA 92614 (949) 975-7500 Fax: (949)-975-7501 Email: aburkhalter@bkcglaw.com PRO HAC VICE ATTORNEY TO BE NOTICED Rosamund M Lockwood Burkhalter Kessler Clement & George LLP 2020 Main Street, Suite 600 Irvine, CA 92614 (949) 975-7500 Fax: (949)-975-7501 Email: rlockwood@bkcglaw.com PRO HAC VICE ATTORNEY TO BE NOTICED daniel J Kessler Burkhalter Kessler Clement & George LLP 2020 Main Street, Suite 600 Irvine, CA 92614 (949) 975-7500 Fax: (949)-975-7501 Email: dkessler@bkcglaw.com PRO HAC VICE ATTORNEY TO BE NOTICED |
| ADR Provider | ||
| Terry M. Giles | represented by | Richard Martin Mahon
Catania, Mahon & Rider, PLLC 641 Broadway Newburgh, NY 12550 845-565-1100 Fax: 845-565-1999 Email: rmahon@cmrlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 03/31/2011 | 1 | ORDER, Case sealed. (Signed by Judge Judge Barbara S. Jones on 04/04/2011) (nm) Modified on 4/5/2011 (nm). (Entered: 04/05/2011) |
| 03/31/2011 | 2 | SEALED DOCUMENT placed in vault.(nm) (Entered: 04/05/2011) |
| 04/13/2011 | 3 | SEALED DOCUMENT placed in vault.(mps) (Entered: 04/13/2011) |
| 04/15/2011 | 4 | SEALED DOCUMENT placed in vault.(nm) (Entered: 04/18/2011) |
| 05/05/2011 | 5 | SEALED DOCUMENT placed in vault.(nm) (Entered: 05/06/2011) |
| 08/25/2011 | 6 | SEALED DOCUMENT placed in vault.(nm) (Entered: 08/25/2011) |
| 08/31/2011 | 7 | ORDER, IT IS ORDERED that this action be unsealed. (Signed by Judge Barbara S. Jones on 08/30/2011) (mps) (Entered: 08/31/2011) |
| 08/31/2011 | 8 | Vacated as per Judge's Order dated 10/21/2014, Doc. # 158 CLERK'S CERTIFICATION OF JUDGMENT TO BE REGISTERED IN ANOTHER DISTRICT re: copy of judgment entered by this Court on July 1, 1994. (This document was previously filed under seal in envelope #2, and unsealed by document #7) (arc) Modified on 10/21/2014 (rjm). (Entered: 08/31/2011) |
| 08/31/2011 | 9 | ENDORSED LETTER addressed to Judge Harold Baer, Jr. from Michael S. Kim dated 3/22/2011 re: The Commonwealth requests this Court to permit the Clerk to register the judgments under seal. Document filed by Commonwealth of the Northern Mariana Islands. ENDORSEMENT: REQUEST GRANTED. (This document was previously filed under seal in envelope #2, and unsealed by document #7). (Signed by Judge Harold Baer on 3/22/2011) (arc) (Entered: 08/31/2011) |
| 08/31/2011 | 10 | ENDORSED LETTER addressed to Judge Deborah A. Batts from Sean P. Casey dated 4/1/2011 re: Accordingly, and for the reasons set forth in the enclosed letter of request granted by Judge Baer on March 22, 2011, the Commonwealth respectfully requests Your Honor to permit the Clerk of the Court to file the actions under seal. ENDORSEMENT: REQUEST GRANTED. (This document was previously filed under seal in envelope #2, and unsealed by document #7). (Signed by Judge Barbara S. Jones on 4/4/2011) (arc) (Entered: 08/31/2011) |
| 08/31/2011 | 11 | PLAINTIFF JUDGMENT CREDITORS MEMORANDUM OF LAW in Support of its Ex Parte Motion to Conduct Non-party Discovery in Aid of Execution Under Seal and for a Temporary Civil Gag Order. (This document was previously filed under seal in envelope #3, and unsealed by document #7). Document filed by Commonwealth of the Northern Mariana Islands. (Attachments: # 1 Proposed Order)(arc) (Entered: 08/31/2011) |
| 08/31/2011 | 12 | ORDER: ACCORDINGLY, IT IS SO ORDERED that you shall not disclose the existence of the subpoena or this Order of the Court, or the existence of the Commonwealth's post-judgment enforcement efforts, to Patricia H. Millard or to any other person, unless and until authorized to do so by the Court. IT IS FURTHER ORDERED that any motion for a protective order pursuant to Federal Rules of Civil Procedure 26(c), or any other Court filing responsive to the subpoena or in relation to this Order, or otherwise concerning this matter, be made under seal pursuant to the Local Rules of this Court. IT IS FURTHER ORDERED that this Order is sealed until otherwise ordered by the Court. (This document was previously filed under seal in envelope #4, and unsealed by document #7). (Signed by Judge Robert W. Sweet-Part I on 4/13/2011) (arc). (Entered: 08/31/2011) |
| 08/31/2011 | 13 | ENDORSED LETTER addressed to Judge Robert W. Sweet from Michael S. Kim dated 5/4/2011 re: Further to the suggestion of Your Honor's clerks, by this letter we respectfully request Your Honor: (1) to authorize disclosure of a copy of the executed Order by the Records Management Unit to Your Honor's chambers (in order for Your Honor's clerks to send the Order to us); and (2) to permit that this request letter be filed and maintained under seal. ENDORSEMENT: REQUESTS GRANTED. (This document was previously filed under seal in envelope #5, and unsealed by document #7). (Signed by Judge Robert W. Sweet on 5/5/2011) (arc) (Entered: 08/31/2011) |
| 08/31/2011 | 14 | PLAINTIFF'S MEMORANDUM OF LAW in Support of its Ex Parte Motion to Unseal and Lift Temporary Sealing and Gagging Order. (This document was previously filed under seal in envelope #6, and unsealed by document #7). Document filed by Commonwealth of the Northern Mariana Islands. (Attachments: # 1 Proposed Order)(arc) (Entered: 08/31/2011) |
| 08/31/2011 | Case Designated ECF. (arc) (Entered: 09/01/2011) | |
| 09/07/2011 | 15 | NOTICE OF APPEARANCE by Michael Sangyun Kim on behalf of Commonwealth of the Northern Mariana Islands (Kim, Michael) (Entered: 09/07/2011) |
| 09/09/2011 | 16 | ENDORSED LETTER addressed to Judge Paul G. Gardephe from Sean P. Casey dated 9/7/2011 re: Counsel for the Plaintiff writes to request that he be removed as the Attorney of Notice in the above-referenced matter. ENDORSEMENT: The Application is granted. (Signed by Judge Paul G. Gardephe on 9/8/2011 Part I) (ab) (Entered: 09/09/2011) |
| 10/07/2011 | 17 | SEALED DOCUMENT placed in vault.(nm) (Entered: 10/07/2011) |
| 10/11/2011 | 18 | SEALED DOCUMENT placed in vault.(nm) (Entered: 10/11/2011) |
| 10/14/2011 | 19 | ORDER: IT IS HEREBY ORDERED that answering papers shall be served on counsel no later than 5:00 p.m. on Thursday, October 20. Reply papers shall be served on counsel no later than 5:00 p.m. on Thursday, October 27. Courtesy copies shall be sent to chambers contemporaneously with service. Credit Suisse Group AG shall show cause as to why this Court should not enter an Order pursuant to Rule 65 of the Federal Rules of Civil Procedure, preliminarily enjoining Credit Suisse Group AG from permitting any withdrawal, transfer, pledge, encumbrance, assignment, dissipation, concealment or other disposal of any assets, funds, or other property in which either or both of the defendant judgment debtors has an interest and as further set forth in this order. Show Cause Hearing set for 10/31/2011 at 09:00 AM in Courtroom 12A, 500 Pearl Street, New York, NY 10007 before Judge Loretta A. Preska. (Signed by Judge Loretta A. Preska on 10/13/2011) (lmb) Modified on 10/14/2011 (lmb). (Entered: 10/14/2011) |
| 10/24/2011 | 20 | SEALED DOCUMENT placed in vault.(mps) (Entered: 10/24/2011) |
| 10/27/2011 | 21 | ORDER: IT IS HEREBY ORDERED that answering papers shall be served on counsel no later than 5:00 p.m. on Wednesday, November 23. Reply papers shall be served on counsel no later than 5:00 p.m. on Thursday, December 1. Courtesy copies shall be sent to chambers contemporaneously with service. Credit Suisse shall show cause, if there be any, to this Court at 9:00 a.m. on the 5th of December 2011, in Courtroom 12A of the United States Courthouse, 500 Pearl Street, New York, New York 10007, why this Court should not enter an Order pursuant to Rule 65 of the Federal Rules of Civil Procedure, preliminarily enjoining Credit Suisse from permitting any withdrawal, transfer, pledge, encumbrance, assignment, dissipation, concealment or other disposal of any assets, funds, or other property in which either or both of the defendant judgment debtors has an interest. Credit Suisse shall also show cause, if there be any, at that time, why the Court should not enter an Order directing Credit Suisse and its officers, agents, employees, servants, subsidiaries, affiliates, predecessors, and successors to deliver to the Commonwealth, pursuant to Federal Rule of Civil Procedure 69(a)(1) and N.Y. CPLR § 5225(b), the funds, property or other assets in their possession, custody or control and in which the defendants, or either of them, have an interest. Show Cause Hearing set for 12/5/2011 at 09:00 AM in Courtroom 12A, 500 Pearl Street, New York, NY 10007 before Judge Loretta A. Preska. (Signed by Judge Loretta A. Preska on 10/27/2011) (mro) Modified on 10/28/2011 (mro). (Entered: 10/27/2011) |
| 11/23/2011 | 22 | ORDER: Credit Suisse shall show cause as to why this Court should not enter an Order pursuant to Rule 65 of the Federal Rules of Civil Procedure, preliminarily enjoining Credit Suisse from permitting any withdrawal, transfer, pledge, encumbrance, assignment, dissipation, concealment or other disposal of any assets, funds, or other property in which either or both of the defendant judgment debtors has an interest. Credit Suisse shall also show cause, if there be any, at that time, why the Court should not enter an Order directing Credit Suisse and its officers, agents, employees, servants, subsidiaries, affiliates, predecessors, and successors to deliver to the Commonwealth, pursuant to Federal Rule of Civil Procedure 69(a)(1) and N.Y. CPLR § 5225(b), the funds, property or other assets in their possession, custody or control and in which the defendants, or either of them, have an interest. Show Cause Hearing set for 1/9/2012 at 11:00 AM in Courtroom 12A, 500 Pearl Street, New York, NY 10007 before Judge Loretta A. Preska. (Signed by Judge Loretta A. Preska on 11/22/2011) (lmb) (Entered: 11/23/2011) |
| 12/27/2011 | 23 | ORDER: Answering papers shall be served on counsel no later than 5:00 p.m. on Thursday, 12/29/2011. Reply papers shall be served on counsel no later than 5:00 p.m. on Thursday, 1/5/2012. Courtesy copies shall be sent to chambers contemporaneously with service.Credit Suisse shall show cause as to why this Court should not enter an Order pursuant to Rule 65 of the Federal Rules of Civil Procedure, preliminarily enjoining Credit Suisse from permitting any withdrawal, transfer, pledge, encumbrance, assignment, dissipation, concealment or other disposal of any assets, funds, or other property in which either or both of the defendant judgment debtors has an interest. Show Cause Hearing set for 1/9/2012 at 11:00 AM in Courtroom 12A of the United States Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Part One. (Signed by Judge Richard J. Sullivan on 12/26/2011) (ft) (Entered: 12/27/2011) |
| 12/30/2011 | 24 | STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, that the Commonwealth of the Northern Mariana Islands' application for a turnover order directed against Credit Suisse Group AG pursuant to Federal Rule of Civil Procedure 69(a)(1) and N.Y. CPLR § 5225(b), commenced by order to show cause issued October 6, 2011 (the "Order to Show Cause"), is withdrawn with prejudice and without costs or attorneys' fees as to any party, and the Order to Show Cause and the temporary restraining order contained therein are vacated forthwith. For the avoidance of doubt, the dismissal is with respect to the Commonwealth's application for an order against Credit Suisse Group AG and its subsidiaries in connection with the matters covered in its application, and is not intended to constitute any release, settlement or the like as to any dispute between the Commonwealth and any other party, including without limitation the judgment debtors. (Signed by Judge Loretta A. Preska on 12/30/2011) (jfe) (Entered: 12/30/2011) |
| 01/10/2012 | 25 | TRANSCRIPT of Proceedings re: Conference held on 12/5/2011 before Judge Loretta A. Preska. Court Reporter/Transcriber: Jennifer Thun, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/3/2012. Redacted Transcript Deadline set for 2/14/2012. Release of Transcript Restriction set for 4/12/2012.(McGuirk, Kelly) (Entered: 01/10/2012) |
| 01/10/2012 | 26 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 12/5/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 01/10/2012) |
| 01/10/2012 | 27 | SEALED DOCUMENT placed in vault.(mps) (Entered: 01/10/2012) |
| 01/13/2012 | 28 | SEALED DOCUMENT placed in vault.(nm) (Entered: 01/13/2012) |
| 01/18/2012 | 29 | ORDER TO SHOW CAUSE WHY TURNOVER ORDER AND TEMPORARY RESTRAINING ORDER SHOULD NOT BE ENTERED AGAINST GARNISHEE MERRILL LYNCH: Merrill Lynch or the Millard Foundation shall show cause as to why this Court should not enter an Order pursuant to Rule 65 of the Federal Rules of Civil Procedure, preliminarily enjoining Merrill Lynch from permitting any withdrawal, transfer, pledge, encumbrance, assignment, dissipation, concealment or other disposal of any assets, funds, or other property in which either or both of the defendant judgment debtors has an interest, and in particular any account in the name of the Millard Foundation or the Millard Family Foundation. IT IS HEREBY FURTHER ORDERED that Merrill Lynch or the Millard Foundation show cause at that time, if there be any, why the Court should not enter an Order directing Merrill Lynch and its officers, agents, employees, servants, subsidiaries, affiliates, predecessors, and successors to deliver to the Commonwealth, pursuant to Federal Rule of Civil Procedure 69(a)(1) and N.Y. CPLR § 5225(b), the funds, property or other assets in their possession, custody or control and in which the defendants, or either of them, have an interest, and in particular the assets in any account held in the name of the Millard Foundation or the Millard Family Foundation, as further set forth in this order. Any responding papers from Merrill Lynch or the Millard Foundation are to be served and supplied to the Court by the close of business January 25, 2012. Show Cause Hearing set for 1/31/2012 at 11:00 AM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge John F. Keenan. Show Cause Response due by 1/25/2012. (Signed by Judge John F. Keenan, Part I on 1/18/2012) (lmb) (Entered: 01/18/2012) |
| 01/19/2012 | 30 | BRIEF re: 29 Order to Show Cause,,,,,,. Document filed by Commonwealth of the Northern Mariana Islands. (Attachments: # 1 Declaration of Michael S. Kim, # 2 Exhibit A to Declaration, # 3 Exhibit B to Declaration, # 4 Exhibit C to Declaration, # 5 Exhibit D to Declaration, # 6 Exhibit E to Declaration, # 7 Exhibit F to Declaration, # 8 Exhibit G to Declaration)(Kim, Michael) (Entered: 01/19/2012) |
| 01/25/2012 | 31 | AFFIRMATION of Howard G. Meyers III. Document filed by Merrill Lynch Pierce Fenner & Smith Inc. (Meyers, Howard) (Entered: 01/25/2012) |
| 01/25/2012 | 32 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Millard Foundation.(Kittredge, David) (Entered: 01/25/2012) |
| 01/25/2012 | 33 | RESPONSE TO ORDER TO SHOW CAUSE re: 29 Order to Show Cause,,,,,,. Document filed by The Millard Foundation. (Kittredge, David) (Entered: 01/25/2012) |
| 01/25/2012 | 34 | RESPONSE TO ORDER TO SHOW CAUSE re: 29 Order to Show Cause,,,,,,. Document filed by The Millard Foundation. (Attachments: # 1 Exhibit Ex.A (Part 1), # 2 Exhibit Ex.A (Part 2), # 3 Exhibit Ex.B, # 4 Exhibit Ex.C (Part 1), # 5 Exhibit Ex.C (Part 2), # 6 Exhibit Ex.C (Part 3), # 7 Exhibit Ex.C (Part 4), # 8 Exhibit Ex.D, # 9 Affidavit Certificate of Service)(Kittredge, David) (Entered: 01/25/2012) |
| 01/30/2012 | 35 | RESPONSE TO ORDER TO SHOW CAUSE re: 29 Order to Show Cause,,,,,,. Document filed by The Millard Foundation. (Attachments: # 1 Affidavit Affirmation of David N. Kittredge, # 2 Exhibit A, # 3 Exhibit B, # 4 Affidavit of Service)(Kittredge, David) (Entered: 01/30/2012) |
| 01/30/2012 | 36 | BRIEF re: 30 Brief, 29 Order to Show Cause,,,,,,. Document filed by Commonwealth of the Northern Mariana Islands. (Attachments: # 1 Affidavit Declaration of Michael S. Kim, # 2 Exhibit A to Declaration, # 3 Exhibit B to Declaration, # 4 Exhibit C to Declaration, # 5 Exhibit E to Declaration, # 6 Exhibit F to Declaration, # 7 Exhibit G to Declaration, # 8 Exhibit H to Declaration, # 9 Exhibit I to Declaration, # 10 Exhibit J to Declaration, # 11 Exhibit K to Declaration, # 12 Exhibit L to Declaration, # 13 Exhibit M-1 to Declaration, # 14 Exhibit M-2 to Declaration, # 15 Exhibit N to Declaration, # 16 Exhibit O to Declaration, # 17 Exhibit P to Declaration, # 18 Exhibit Q to Declaration, # 19 Exhibit R to Declaration, # 20 Exhibit S to Declaration, # 21 Exhibit T to Declaration, # 22 Exhibit U to Declaration, # 23 Exhibit V to Declaration, # 24 Exhibit W to Declaration, # 25 Exhibit X to Declaration)(Kim, Michael) (Entered: 01/30/2012) |
| 01/30/2012 | 40 | ORDER FOR ADMISSION PRO HAC VICE ON ORAL MOTION. Attorney Rosamund M Lockwood for The Millard Foundation admitted Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 1/30/2012) (lmb) (Entered: 02/01/2012) |
| 01/30/2012 | 41 | ORDER FOR ADMISSION PRO HAC VICE ON ORAL MOTION. Attorney Alton G Burkhalter for The Millard Foundation admitted Pro Hac Vice. (Signed by Judge Jed S. Rakoff, Part I on 1/30/2012) (lmb) (Entered: 02/01/2012) |
| 01/31/2012 | 37 | BRIEF re: 35 Response to Order to Show Cause,. Document filed by Commonwealth of the Northern Mariana Islands.(Kim, Michael) (Entered: 01/31/2012) |
| 01/31/2012 | 38 | BRIEF re: 37 Brief in Reply. Document filed by The Millard Foundation. (Attachments: # 1 Affidavit Certificate of Service)(Kittredge, David) (Entered: 01/31/2012) |
| 01/31/2012 | 39 | ORDER FOR ADMISSION PRO HAC VICE ON ORAL MOTION. Attorney Daniel J. Kessler for The Millard Foundation admitted Pro Hac Vice. (Signed by Judge Jed S. Rakoff, Part I on 1/30/2012) (lmb) (Entered: 02/01/2012) |
| 02/09/2012 | 42 | NOTICE OF APPEARANCE by Marcus Johnson Green on behalf of Commonwealth of the Northern Mariana Islands (Green, Marcus) (Entered: 02/09/2012) |
| 02/09/2012 | Minute Entry for proceedings held before Judge Jed S. Rakoff: Motion Hearing held on 2/9/2012 re: Oral argument on Intevenors' Oral motions to intervene. The Millard Foundation's intervention is granted and the argument is continued to tomorrow, Feb. 10, 2012 at 12:00 noon. (Landers, Rigoberto) (Entered: 03/07/2012) | |
| 02/10/2012 | 43 | RESPONSE TO ORDER TO SHOW CAUSE re: 29 Order to Show Cause,,,,,,. Document filed by The Millard Foundation. (Kittredge, David) (Entered: 02/10/2012) |
| 02/10/2012 | Minute Entry for proceedings held before Judge Jed S. Rakoff: Oral Argument held on 2/10/2012 re: 29 Order to Show Cause. (Landers, Rigoberto) (Entered: 03/07/2012) | |
| 02/16/2012 | 44 | SEALED DOCUMENT placed in vault.(mps) (Entered: 02/16/2012) |
| 02/16/2012 | CASHIERS OFFICE REMARK on 39 Order Admitting Attorney Pro Hac Vice in the amount of $200.00, paid on 02/01/2012, Receipt Number 1028467. (jd) (Entered: 02/16/2012) | |
| 02/16/2012 | CASHIERS OFFICE REMARK on 40 Order Admitting Attorney Pro Hac Vice, 41 Order Admitting Attorney Pro Hac Vice in the amount of $400.00, paid on 02/06/2012, Receipt Number 1028896,1028897. (jd) (Entered: 02/16/2012) | |
| 02/17/2012 | 45 | ORDER. This Order is to confirm that this case is set for an evidentiary hearing before Judge Wood as Part I Judge on March 27, 2012 at 10:00 a.m. in Courtroom 18B. This Order also confirms that this Court will issue a "bottom line" Order by February 17, 2012 deciding the issues presently before this Court and setting forth the scope of the hearing before Judge Wood. (Evidentiary Hearing set for 3/27/2012 at 10:00 AM in Courtroom 18B, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Part One.) (Signed by Judge Jed S. Rakoff on 2/16/2012) (rjm) (Entered: 02/17/2012) |
| 02/21/2012 | 46 | SEALED DOCUMENT placed in vault.(mps) (Entered: 02/21/2012) |
| 02/21/2012 | 47 | ORDER: The Court hereby decides four preliminary issues: First, the Court finds that the turnover application was properly brought as a motion rather than a special proceeding. Second, the proceedings need not be stayed in light of an action filed by the children of the judgment debtors currently pending in the Middle District of Florida. The Millard Foundation intervened in this case and objects to the Court's exercise of personal jurisdiction over it. Third, the Court finds that since the Commonwealth has made a threshold showing that the judgment debtor has an interest in the Merrill Lynch account, the relevant question is whether the Court has in personam personal jurisdiction over the garnishee Merrill Lynch rather than over the Millard Foundation. There is no dispute that the Court does have jurisdiction over the garnishee, and therefore, the personal jurisdiction questions raised by the intervenor are not relevant. Fourth, the Court also decides that the Millards can be subpoenaed to testify at the evidentiary hearing on March 27th, because they are officers of the Millard Foundation, which is now a party to this case. (Signed by Judge Jed S. Rakoff on 2/17/2012) (mro) Modified on 2/22/2012 (mro). (Entered: 02/21/2012) |
| 02/28/2012 | 48 | CONFIDENTIALITY STIPULATION AND ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Loretta A. Preska on 2/22/2012) (djc) (Entered: 02/28/2012) |
| 02/28/2012 | 49 | MEMORANDUM: According to the Millard Foundation's most recent available tax filing, the Millards are the sole corporate officers of the Foundation. Declaration of Katherine Gillespie("Gillespie Decl."), Ex. 13, 990-PF (2009) Tax Return of the MillardFoundation, at 6. William Millard is the President and Treasurer ofthe Foundation and Patricia Millard is the Director and Secretary. id.Therefore, the Millards may be subpoenaed to testify at the evidentiary hearing on March 27th. SO ORDERED. (Signed by Judge Jed S. Rakoff on 2/27/2012) (ama) (Entered: 02/28/2012) |
| 03/01/2012 | 50 | MOTION for Discovery and for Order to Appear at Hearing. Document filed by Commonwealth of the Northern Mariana Islands. Return Date set for 3/12/2012 at 11:59 PM.(Kim, Michael) (Entered: 03/01/2012) |
| 03/01/2012 | 51 | MEMORANDUM OF LAW in Support re: 50 MOTION for Discovery and for Order to Appear at Hearing.. Document filed by Commonwealth of the Northern Mariana Islands. (Attachments: # 1 Text of Proposed Order)(Kim, Michael) (Entered: 03/01/2012) |
| 03/01/2012 | 52 | DECLARATION of Michael S. Kim in Support re: 50 MOTION for Discovery and for Order to Appear at Hearing.. Document filed by Commonwealth of the Northern Mariana Islands. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Kim, Michael) (Entered: 03/01/2012) |
| 03/05/2012 | Minute Entry for proceedings held before Judge Denise L. Cote: Telephone Conference held on 3/5/2012. Court Reporter Michael McDaniel present. (rjm) (Entered: 04/04/2012) | |
| 03/06/2012 | 53 | SEALED DOCUMENT placed in vault.(mps) (Entered: 03/06/2012) |
| 03/06/2012 | 54 | DECLARATION of Kathleen Gillespie in Opposition re: 50 MOTION for Discovery and for Order to Appear at Hearing.. Document filed by The Millard Foundation. (Kittredge, David) (Entered: 03/06/2012) |
| 03/06/2012 | 55 | DECLARATION of Alton Burkhalter in Opposition re: 50 MOTION for Discovery and for Order to Appear at Hearing.. Document filed by The Millard Foundation. (Kittredge, David) (Entered: 03/06/2012) |
| 03/06/2012 | 56 | SEALED DOCUMENT placed in vault.(nm) (Entered: 03/06/2012) |
| 03/06/2012 | 57 | ORDER: granting in part and denying in part 50 Motion for Discovery. It is hereby Ordered that the commonwealth's motion and request for relief is granted in part, without prejudice to any renewed application. It is hereby Ordered that the Millard Foundation, by 3/15/12 shall produce to the Commonwealth the non-privileged documents responsive to Attachment A accompanying this Order for the period of 1/1/01 to present that are in its possession, custody or control, and by 3/15/12, shall supply, for any document withheld on the basis of privilege, the information required by the Rule of Civil Procedure and the Local Rules of this Court for any documents so withheld. IT IS HEREBY FURTHER ORDERED that service of this Order and all documents filed in support thereof, and all other documents to be served in these actions upon the Millard Foundation, upon William H. Millard or upon Patricia H. Millard, shall be made personally, by facsimile, by courier, by electronic mail, by mail, or by any of those means transmitted to: Alton G. Burkhalter, Esq., Daniel J. Kessler, Esq., Rosamund M. Lockwood, Esq., BURKHALTER, KESSLER, CLEMENT & GEORGE, 2020 Main Street, Suite 600, Irvine, California 92614, (949) 975-7500, Attorneys for the Millard Foundation. David Kittredge, Esq., LAROCCA, HORNIK, ROSEN, GREENBERG & BLAHA, 40 Wall Street, 32d Floor, New York, New York 10005, (212) 530-4822, Attorneys for the Millard Foundation. Or as the Court may direct by further Order. IT IS HEREBY FURTHER ORDERED that reference in this Order to the Millard Foundation refers to the Millard Foundation and its officers, agents, employees, servants, attorneys, parents, subsidiaries, affiliates, predecessors, and successors, and all persons who are (or were, during the relevant time) in active concert or participation with any of them who receive actual notice of this Order, and this Order shall be, and is, binding upon all of them. (Signed by Judge Denise L. Cote, Part I on 3/6/2012) (jfe) (Entered: 03/07/2012) |
| 03/08/2012 | 58 | Letter addressed to Judge Denise L Cote from Alton G Burkhalter dated 3/7/2012 re: Court's Order filed 3/6/2012. Document filed by The Millard Foundation.(cd) (Entered: 03/08/2012) |
| 03/08/2012 | 63 | Letter addressed to Judge John G Koeltl from Alton G Burkhalter dated 3/7/2012 re: Court's order, docket number #57. Document filed by Commonwealth of the Northern Mariana Islands.(cd) (Entered: 03/13/2012) |
| 03/12/2012 | 59 | MOTION for Order Providing for Substitute Service. Document filed by Commonwealth of the Northern Mariana Islands. Return Date set for 3/22/2012 at 11:59 PM.(Kim, Michael) (Entered: 03/12/2012) |
| 03/12/2012 | 60 | MEMORANDUM OF LAW in Support re: 59 MOTION for Order Providing for Substitute Service., 50 MOTION for Discovery and for Order to Appear at Hearing.. Document filed by Commonwealth of the Northern Mariana Islands. (Attachments: # 1 Exhibit A)(Kim, Michael) (Entered: 03/12/2012) |
| 03/12/2012 | 61 | SEALED DOCUMENT placed in vault.(nm) (Entered: 03/12/2012) |
| 03/12/2012 | 62 | SEALED DOCUMENT placed in vault.(mps) (Entered: 03/12/2012) |
| 03/14/2012 | 64 | SEALED DOCUMENT placed in vault.(nm) (Entered: 03/14/2012) |
| 03/14/2012 | 65 | MOTION for Adriana Riviere-Badell to Appear Pro Hac Vice. Document filed by Commonwealth of the Northern Mariana Islands.(pgu) (Entered: 03/14/2012) |
| 03/15/2012 | 66 | MEMO ENDORSED granting 65 Motion for Adriana Riviere-Badell to Appear Pro Hac Vice. (Signed by Judge Lewis A. Kaplan on 3/15/2012) (cd) (Entered: 03/15/2012) |
| 03/19/2012 | 67 | SEALED DOCUMENT placed in vault.(mps) (Entered: 03/19/2012) |
| 03/19/2012 | 68 | SEALED DOCUMENT placed in vault.(nm) (Entered: 03/19/2012) |
| 03/19/2012 | 69 | DECLARATION of Ros M. Lockwood in Opposition re: 59 MOTION for Order Providing for Substitute Service., 50 MOTION for Discovery and for Order to Appear at Hearing.. Document filed by The Millard Foundation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Kittredge, David) (Entered: 03/19/2012) |
| 03/19/2012 | 70 | MEMORANDUM OF LAW in Opposition re: 59 MOTION for Order Providing for Substitute Service., 50 MOTION for Discovery and for Order to Appear at Hearing.. Document filed by The Millard Foundation. (Kittredge, David) (Entered: 03/19/2012) |
| 03/21/2012 | 71 | DEMAND for Trial by Jury. Document filed by The Millard Foundation(Kittredge, David) (Entered: 03/21/2012) |
| 03/22/2012 | 72 | MEMO ENDORSEMENT on re: Proposed Confidentiality Stipulation and Order. ENDORSEMENT: As Ms. Kuaug is not a member of the Bar of this Court. she may not properly signed this Stipulation SDNY Civ. R. 1.3(c) The Court therefore declines to approve this Stipulation. (Signed by Judge Lewis A. Kaplan on 3/22/2012) (jfe) (Entered: 03/22/2012) |
| 03/23/2012 | 73 | AFFIRMATION of Michael S. Kim in Support re: 59 MOTION for Order Providing for Substitute Service., 50 MOTION for Discovery and for Order to Appear at Hearing.. Document filed by Commonwealth of the Northern Mariana Islands. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kim, Michael) (Entered: 03/23/2012) |
| 03/23/2012 | 74 | ORDER: These cases are hereby assigned to the undersigned for all purposes. The captions in these matters are amended to read as set forth above. The evidentiary hearing on the motion for a turnover order and for other relief directed to Merrill Lynch Pierce Fenner & Smith Inc. [11 MC 99 - DI 29] is adjourned pending further order of the Court. (Signed by Judge Lewis A. Kaplan on 3/23/2012) (ft) (Entered: 03/23/2012) |
| 03/23/2012 | Transmission to Case Assignment Clerk. Transmitted re: 74 Order, Terminate Hearings to the Case Assignment Clerk for preparation of notice of case assignment/reassignment. (ft) (Entered: 03/23/2012) | |
| 03/23/2012 | 75 | NOTICE OF CASE ASSIGNMENT to Judge Lewis A. Kaplan. Judge Part One is no longer assigned to the case. (arc) (pgu). (Entered: 03/23/2012) |
| 03/27/2012 | CASHIERS OFFICE REMARK on 65 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 03/14/2012, Receipt Number 1032579. (jd) (Entered: 03/27/2012) | |
| 03/29/2012 | 76 | MOTION to Compel Disclosure. Document filed by Commonwealth of the Northern Mariana Islands. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10)(Kim, Michael) (Entered: 03/29/2012) |
| 04/02/2012 | 90 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Canadian Imperial Bank of Commerce. (This document was previously filed under seal in envelope #64 and unsealed on 4/12/2012.) (mro) (Entered: 04/16/2012) |
| 04/04/2012 | 77 | SEALED DOCUMENT placed in vault.(nm) (Entered: 04/04/2012) |
| 04/04/2012 | 78 | SEALED DOCUMENT placed in vault.(nm) (Entered: 04/04/2012) |
| 04/04/2012 | 79 | DECLARATION of Michael S. Kim in Support re: 59 MOTION for Order Providing for Substitute Service., 50 MOTION for Discovery and for Order to Appear at Hearing.. Document filed by Commonwealth of the Northern Mariana Islands. (Attachments: # 1 Exhibit A)(Kim, Michael) (Entered: 04/04/2012) |
| 04/12/2012 | 80 | CONFIDENTIALITY STIPULATION AND ORDER...regarding procedures to be followed that shall govern the handling of confidential material... ENDORSEMENT: Notwithstanding anything to the contrary herein: 1. Any papers filed under seal in this action shall be made part of the public record on or after 4/11/12 unless the Court otherwise orders. 2. Any person may apply to the Court for access to any papers filed under seal pursuant to this order. Should such an application be made, the person or persons who designated the sealed material as Confidential shall have the burden of establishing good cause for the continuation of the sealing order unless the Court previously made and individualized determination of the existence of good cause for sealing. (Signed by Judge Lewis A. Kaplan on 4/11/2012) (ft) (Entered: 04/12/2012) |
| 04/12/2012 | 81 | ENDORSED LETTER addressed to Judge Lewis A Kaplan from Michael S Kim and Adriana Riviere-Badell dated 4/10/2012 re: For the reasons described below, we believe that the April 3rd Opinion and all other documents filed in connection with the Court's order to show cause against third party garnishee CIBC should be unsealed. We have conferred with counsel for CIBC and they do not disagree with our position that the matter should be unsealed. ENDORSEMENT: The memorandum opinion dated 4/3/2012 and the papers enumerated on page 2 of this letter are unsealed. (Signed by Judge Lewis A. Kaplan on 4/11/2012) (cd) (Entered: 04/13/2012) |
| 04/12/2012 | Transmission to Sealed Records Clerk. Transmitted re: 81 Endorsed Letter, to the Sealed Records Clerk for the sealing or unsealing of document or case. (cd) (Entered: 04/13/2012) | |
| 04/12/2012 | 82 | ORDER TO SHOW CAUSE, TEMPORARY RESTRAINING ORDER, AND ORDER GRANTING OTHER RELIEF: It is hereby Ordered that the Canadian Imperial Bank of Commerce show cause, if there be any, to this Court at 10:00 a.m. on the 19th day of March 2012, in Room 21B of the United States Courthouse, 500 Pearl Street, New York, New York 10007, why this Court should not enter an Order pursuant to Rule 65 of the Federal Rules of Civil Procedure, preliminarily enjoining the Canadian Imperial Bank of Commerce from permitting any withdrawal, transfer, pledge, encumbrance, assignment, dissipation, concealment or other disposal of any assets, funds, or other property in which either or both of the defendant judgment debtors has an interest, including, but not limited to, any account held in the names of Capital Properties Limited, Maximum Enterprises Inc., Bamba Limited, Old World Properties, Ltd. or Westwind Mutual Fund. (This document was previously filed under seal in envelope #53 and unsealed on 4/12/2012.) (Signed by Judge Denise L. Cote, Part I on 3/5/2012) (mro) (Entered: 04/13/2012) |
| 04/12/2012 | 83 | MEMORANDUM IN SUPPORT OF ITS MOTION FOR TURNOVER ORDER PURSUANT TO N.Y. CPLR § 5225(B), ORDER TO SHOW CAUSE WHY PRELIMINARY INJUNCTION SHOULD NOT BE ENTERED AND EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AGAINST GARNISHEE CANADIAN IMPERIAL BANK OF COMMERCE. Document filed by Commonwealth of the Northern Mariana Islands. (This document was previously filed under seal in envelope #56 and unsealed on 4/12/2012.) (mro) (Entered: 04/13/2012) |
| 04/12/2012 | 84 | DECLARATION OF MICHAEL S. KIM IN SUPPORT OF PLAINTIFF'S ORDER TO SHOW CAUSE AND APPLICATION FOR A TEMPORARY RESTRAINING ORDER. Document filed by Commonwealth of the Northern Mariana Islands. (This document was previously filed under seal in envelope #56 and unsealed on 4/12/2012.) (mro) (Entered: 04/13/2012) |
| 04/12/2012 | 85 | ENDORSED LETTER addressed to Judge Denise L. Cote from Michael S. Kim dated 3/9/12 re: Counsel for the plaintiff requests that the Court permit the Clerk to file this letter and the enclosed document under seal. ENDORSEMENT: Seal. Granted. ***Attachment A attached hereto.(This document was previously filed under seal in envelope #61 and unsealed on 4/12/2012.) (Signed by Judge Denise L. Cote, Part I on 3/9/2012) (mro) (Entered: 04/16/2012) |
| 04/12/2012 | 86 | ORDER: It is hereby Ordered that CIBC's answering papers shall be served upon the Commonwealth no later than 5:00 p.m. on Tuesday, March 13, 2012. Reply papers shall be served upon CIBC no later than 5:00 p.m. on Friday, March 16, 2012. Courtesy copies shall be sent to chambers contemporaneously with service. The order entered by the Court on March 5, 2012, and attached hereto as exhibit A, will continue until the hearing date, which is expected to be March 22, 2012 in Room 21B of the United States Courthouse, 500 Pearl Street, New York, New York 10007, or as further ordered by the Court. (This document was previously filed under seal in envelope #62 and unsealed on 4/12/2012.) (Signed by Judge Denise L. Cote, Part I on 3/9/2012) (mro) (Entered: 04/16/2012) |
| 04/12/2012 | 87 | CANADIAN IMPERIAL BANK OF COMMERCE'S MEMORANDUM IN OPPOSITION TO PLAINTIFF'S APPLICATION FOR TURNOVER ORDER. (This document was previously filed under seal in envelope # 64 and unsealed on 4/12/2012.) (mro) (Entered: 04/16/2012) |
| 04/12/2012 | 88 | DECLARATION of Elizabeth Rose Aylett in opposition to Application for Turnover Order. (This document was previously filed under seal in envelope # 64 and unsealed on 4/12/2012.) (mro) (Entered: 04/16/2012) |
| 04/12/2012 | 89 | DECLARATION of Laura Hatfield. (This document was previously filed under seal in envelope #64 and unsealed on 4/12/2012.) (mro) (Entered: 04/16/2012) |
| 04/12/2012 | 91 | AFFIDAVIT OF SERVICE of Canadian Imperial Bank of Commerce's Memorandum in opposition to plaintiff's application for turnover order; Declaration of Laura Hatfield; Declaration of Elizabeth Rose Aylett in opposition to Application for Turnover Order served on Kobre & Kim LLP on 3/13/12. (This document was previously filed under seal in envelope #64 and unsealed on 4/12/2012.) (mro) (Entered: 04/16/2012) |
| 04/12/2012 | 92 | PLAINTIFF JUDGMENT CREDITOR'S REPLY MEMORANDUM IN SUPPORT OF ITS MOTION FOR TURNOVER ORDER PURSUANT TO N.Y. CPLR § 5225(B) AND ORDER TO SHOW CAUSE WHY PRELIMINARY INJUNCTION SHOULD NOT BE ENTERED. Document filed by Commonwealth of the Northern Mariana Islands. (This document was previously filed under seal in envelope #67 and unsealed on 4/12/2012.)(mro) (Entered: 04/16/2012) |
| 04/12/2012 | 93 | DECLARATION OF MICHAELS. KIM IN FURTHER SUPPORT OF PLAINTIFF'S MOTION FOR TURNOVER ORDER PURSUANT TO N.Y. CPLR § 5225(B) AND ORDER TO SHOW CAUSE WHY PRELIMINARY INJUNCTION SHOULD NOT BE ENTERED. Document filed by Commonwealth of the Northern Mariana Islands. (This document was previously filed under seal in envelope #67 and unsealed on 4/12/2012.) (mro) (Entered: 04/16/2012) |
| 04/12/2012 | 94 | DECLARATION OF TIM PRUDHOE IN FURTHER SUPPORT OF PLAINTIFF'S MOTION FOR TURNOVER ORDER PURSUANT TO N.Y. CPLR § 5225(B) AND ORDER TO SHOW CAUSE WHY PRELIMINARY INJUNCTION SHOULD NOT BE ENTERED. Document filed by Commonwealth of the Northern Mariana Islands. (This document was previously filed under seal in envelope #67 and unsealed on 4/12/2012.)(mro) (Entered: 04/16/2012) |
| 04/12/2012 | 95 | SECOND DECLARATION OF LAURA HATFIELD. (This document was previously filed under seal in envelope #68 and unsealed on 4/12/2012.) (mro) (Entered: 04/16/2012) |
| 04/12/2012 | 97 | MEMORANDUM OPINION: For the foregoing reasons, the plaintiff's motion for a turnover order and preliminary injunction against the defendant [Sealed DI] is denied, as is there plaintiff's motion to compel disclosure [DI 76], the latter on the ground of mootness and without prejudice to renewal should circumstances warrant. The restraining order previously entered is continued to force pending the filing and disposition of any appeal from this Order. (This document was previously filed under seal in envelope #77 and unsealed on 4/12/2012.) (Signed by Judge Lewis A. Kaplan on 4/3/2012) (mro) (mro). (Entered: 04/17/2012) |
| 04/12/2012 | 98 | ORDER: The parties are to notify the Court in writing by Tuesday, April 10, 2012, as to whether and to what extent the memorandum opinion dated April 3, 2012, and any other filings in this case, should remain under seal and the reasons for their positions. (This document was previously filed under seal in envelope #78 and unsealed on 4/12/2012.) (Signed by Judge Lewis A. Kaplan on 4/3/2012) (mro) (Entered: 04/17/2012) |
| 04/16/2012 | 96 | NOTICE OF APPEAL. Document filed by Commonwealth of the Northern Mariana Islands. Filing fee $ 455.00, receipt number 0208-7382202. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Kim, Michael) (Entered: 04/16/2012) |
| 04/16/2012 | Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 96 Notice of Appeal. (nd) (Entered: 04/16/2012) | |
| 04/16/2012 | Appeal Remark as to 96 Notice of Appeal filed by Commonwealth of the Northern Mariana Islands. Plaintiff Commonwealth of the Northern Mariana Islands is appealing from a sealed document entered on 04/04/2012. (nd) (Entered: 04/16/2012) | |
| 04/16/2012 | Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 26 Notice of Filing Transcript, 47 Order,,,, 24 Stipulation and Order,,,, 16 Endorsed Letter, 55 Declaration in Opposition to Motion filed by The Millard Foundation, 60 Memorandum of Law in Support of Motion, filed by Commonwealth of the Northern Mariana Islands, 34 Response to Order to Show Cause, filed by The Millard Foundation, 94 Declaration, filed by Commonwealth of the Northern Mariana Islands, 72 Memo Endorsement, 37 Brief filed by Commonwealth of the Northern Mariana Islands, 73 Affirmation in Support of Motion, filed by Commonwealth of the Northern Mariana Islands, 49 Order,, 52 Declaration in Support of Motion, filed by Commonwealth of the Northern Mariana Islands, 36 Brief,,, filed by Commonwealth of the Northern Mariana Islands, 38 Brief filed by The Millard Foundation, 58 Letter filed by The Millard Foundation, 21 Order to Show Cause,,,,,, 83 Memorandum of Law in Support, filed by Commonwealth of the Northern Mariana Islands, 92 Reply Memorandum of Law in Support, filed by Commonwealth of the Northern Mariana Islands, 19 Order to Show Cause,,, filed by Commonwealth of the Northern Mariana Islands, 43 Response to Order to Show Cause filed by The Millard Foundation, 30 Brief, filed by Commonwealth of the Northern Mariana Islands, 22 Order to Show Cause,,,, 76 MOTION to Compel Disclosure. filed by Commonwealth of the Northern Mariana Islands, 15 Notice of Appearance filed by Commonwealth of the Northern Mariana Islands, 35 Response to Order to Show Cause, filed by The Millard Foundation, 9 Endorsed Letter, 40 Order Admitting Attorney Pro Hac Vice, 96 Notice of Appeal filed by Commonwealth of the Northern Mariana Islands, 69 Declaration in Opposition to Motion, filed by The Millard Foundation, 84 Declaration in Support, filed by Commonwealth of the Northern Mariana Islands, 12 Order,,, 41 Order Admitting Attorney Pro Hac Vice, 32 Rule 7.1 Corporate Disclosure Statement filed by The Millard Foundation, 70 Memorandum of Law in Opposition to Motion filed by The Millard Foundation, 54 Declaration in Opposition to Motion filed by The Millard Foundation, 7 Order, 50 MOTION for Discovery and for Order to Appear at Hearing. filed by Commonwealth of the Northern Mariana Islands, 95 Declaration filed by Commonwealth of the Northern Mariana Islands, 88 Declaration, 11 Memorandum of Law in Support, filed by Commonwealth of the Northern Mariana Islands, 74 Order, Terminate Hearings,, 45 Order, Set Hearings,,,, 75 Notice of Case Assignment/Reassignment, 59 MOTION for Order Providing for Substitute Service. filed by Commonwealth of the Northern Mariana Islands, 90 Rule 7.1 Corporate Disclosure Statement, 39 Order Admitting Attorney Pro Hac Vice, 57 Order on Motion for Discovery,,,,,,, 25 Transcript,, 42 Notice of Appearance filed by Commonwealth of the Northern Mariana Islands, 8 Certification of Judgment, 13 Endorsed Letter,, 71 Jury Demand filed by The Millard Foundation, 31 Affirmation filed by Merrill Lynch Pierce Fenner & Smith Inc, 51 Memorandum of Law in Support of Motion filed by Commonwealth of the Northern Mariana Islands, 14 Memorandum of Law in Support, filed by Commonwealth of the Northern Mariana Islands, 87 Memorandum of Law in Opposition, 33 Response to Order to Show Cause filed by The Millard Foundation, 66 Order on Motion to Appear Pro Hac Vice, 23 Order to Show Cause,,, 80 Protective Order,,, 65 MOTION for Adriana Riviere-Badell to Appear Pro Hac Vice. filed by Commonwealth of the Northern Mariana Islands, 48 Protective Order, 29 Order to Show Cause,,,,,, 10 Endorsed Letter, 93 Declaration, 79 Declaration in Support of Motion, filed by Commonwealth of the Northern Mariana Islands were transmitted to the U.S. Court of Appeals. (nd) (Entered: 04/16/2012) | |
| 04/19/2012 | 99 | TRANSCRIPT of Proceedings re: Conference held on 3/22/2012 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Toni Stanley, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/14/2012. Redacted Transcript Deadline set for 5/24/2012. Release of Transcript Restriction set for 7/23/2012.(McGuirk, Kelly) (Entered: 04/19/2012) |
| 04/19/2012 | 100 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFRENCE proceeding held on 3/22/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 04/19/2012) |
| 04/30/2012 | First Supplemental ROA Sent to USCA (Electronic File). Certified Supplemental Indexed record on Appeal Electronic Files for 99 Transcript, 97 Memorandum & Opinion, 100 Notice of Filing Transcript, were transmitted to the U.S. Court of Appeals. (tp) (Entered: 04/30/2012) | |
| 05/09/2012 | 101 | NOTICE OF CHANGE OF ADDRESS by Marcus Johnson Green on behalf of Commonwealth of the Northern Mariana Islands. New Address: Kobre & Kim LLP, 1919 M Street, NW, Washington, DC, USA 20036, +1 202 664 1900. (Green, Marcus) (Entered: 05/09/2012) |
| 05/16/2012 | 102 | MANDATE of USCA (Certified Copy) USCA Case Number 12-1035-op. Petitioner, through counsel, has filed a petition for a writ of mandamus, or in the alternative, a writ of prohibition, and a motion for judicial notice of court filing in another case. Upon due consideration, it is hereby ORDERED that the motion for judicial notice is GRANTED. It is further ORDERED that the petition for a writ of mandamus of writ of prohibition is DENIED because Petitioner has not demonstrated that exceptional circumstances warrant the requested relief. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 5/16/2012. (nd) (Entered: 05/16/2012) |
| 09/07/2012 | 103 | MOTION to Compel Discovery from Non-Party Terry Giles. Document filed by Commonwealth of the Northern Mariana Islands.(Green, Marcus) (Entered: 09/07/2012) |
| 09/07/2012 | 104 | DECLARATION of Marcus J. Green in Support re: 103 MOTION to Compel Discovery from Non-Party Terry Giles.. Document filed by Commonwealth of the Northern Mariana Islands. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Green, Marcus) (Entered: 09/07/2012) |
| 09/07/2012 | 105 | MEMORANDUM OF LAW in Support re: 103 MOTION to Compel Discovery from Non-Party Terry Giles.. Document filed by Commonwealth of the Northern Mariana Islands. (Attachments: # 1 Exhibit A)(Green, Marcus) (Entered: 09/07/2012) |
| 09/10/2012 | 106 | ENDORSED LETTER addressed to Judge Lewis A. Kaplan from Michael S. Kim dated 9/07/2012 re: We write to request permission to file under seal the enclosed unredacted declaration, accompanying exhibits, and proposed order in support of the Commonwealth's motion to compel discovery and consent for third-party discovery from non-party Terry Giles, which we have filed redacted versions of on ECF. ENDORSEMENT: Request Granted. (Signed by Judge Lewis A. Kaplan on 9/10/2012) (ama) (Entered: 09/10/2012) |
| 09/11/2012 | 107 | SEALED DOCUMENT placed in vault.(nm) (Entered: 09/11/2012) |
| 09/19/2012 | 108 | STIPULATION AND ORDER: In accordance with the Local Civil Rules of the Southern District and the Individual Practices of Hon. Lewis A. Kaplan, United States District Judge, the undersigned counsel of record hereby stipulate as follows as to submission dates for Plaintiff s Motion to Compel Discovery and Consent for Third-Party Discovery from Non-Party Terry Giles: Opposition to Plaintiff's motion shall be e-filed by Counsel for Terry Giles by or before Friday, September 21,2012, with a copy served via e-mail upon Plaintiffs counsel; and Plaintiff's reply papers shall be e-filed by Plaintiffs Counsel by or before Friday, September 28,2012, with a copy served via e-mail upon Counsel for Terry Giles. SO ORDERED. ( Responses due by 9/21/2012, Replies due by 9/28/2012.) (Signed by Judge Lewis A. Kaplan on 9/19/2012) (ama) Modified on 9/19/2012 (ama). (Entered: 09/19/2012) |
| 09/21/2012 | 109 | DECLARATION of Terry M. Giles in Opposition re: 103 MOTION to Compel Discovery from Non-Party Terry Giles.. Document filed by Terry M. Giles. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Mahon, Richard) (Entered: 09/21/2012) |
| 09/21/2012 | 110 | NOTICE of Cross-Motion for Transfer of Venue. Document filed by Terry M. Giles. (Mahon, Richard) (Entered: 09/21/2012) |
| 09/21/2012 | 111 | MEMORANDUM OF LAW in Opposition re: 103 MOTION to Compel Discovery from Non-Party Terry Giles.. Document filed by Terry M. Giles. (Mahon, Richard) (Entered: 09/21/2012) |
| 09/21/2012 | 112 | CERTIFICATE OF SERVICE of Declaration of Terry M. Giles, Notice of Cross-Motion and Memorandum of Law served on all parties on 9/21/2012. Document filed by Terry M. Giles. (Mahon, Richard) (Entered: 09/21/2012) |
| 09/21/2012 | 113 | NOTICE OF APPEARANCE by Richard Martin Mahon on behalf of Terry M. Giles (Mahon, Richard) (Entered: 09/21/2012) |
| 09/21/2012 | 114 | DECLARATION of Richard M. Mahon, II in Opposition re: 103 MOTION to Compel Discovery from Non-Party Terry Giles.. Document filed by Terry M. Giles. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Mahon, Richard) (Entered: 09/21/2012) |
| 09/24/2012 | 115 | SEALED DOCUMENT placed in vault.(nm) (Entered: 09/24/2012) |
| 09/28/2012 | 116 | REPLY MEMORANDUM OF LAW in Support re: 103 MOTION to Compel Discovery from Non-Party Terry Giles.. Document filed by Commonwealth of the Northern Mariana Islands. (Green, Marcus) (Entered: 09/28/2012) |
| 10/01/2012 | 117 | ORDER granting 103 Motion to Compel. The original, underacted order shall be filed under sealed. The motion (DK. 103) is Granted. SO ORDERED(Signed by Judge Lewis A. Kaplan on 10/01/2012) (ama) (Entered: 10/01/2012) |
| 10/01/2012 | 118 | MEMO ENDORSEMENT on NOTICE OF CROSS-MOTION. ENDORSEMENT: Motion Denied. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 10/01/2012) (ama) (Entered: 10/01/2012) |
| 10/02/2012 | 119 | SEALED DOCUMENT placed in vault.(mps) (Entered: 10/02/2012) |
| 11/05/2012 | 120 | SEALED DOCUMENT placed in vault.(nm) (Entered: 11/05/2012) |
| 12/05/2012 | 121 | SEALED DOCUMENT placed in vault.(mps) (Entered: 12/05/2012) |
| 02/25/2013 | 122 | SEALED DOCUMENT placed in vault.(nm) (Entered: 02/25/2013) |
| 04/22/2013 | 124 | SEALED ORDER: IT IS HEREBY ORDERED that before February 20, 2012, and every 60 days thereafter, Plaintiff shall inform the Court, by letter submitted to the Part I clerk, whether the orders may be unsealed and the parties permitted to disclose the existence of the orders and subpoenas. (This document was previously filed under seal in envelope #28 and unsealed on 4/22/2013.) (Signed by Judge Richard J. Sullivan, Part I on 12/20/2011) (mro) (Entered: 04/25/2013) |
| 04/22/2013 | 125 | PLAINTIFF JUDGMENT CREDITOR'S MEMORANDUM IN SUPPORT OF ITS EX PARTE MOTION FOR SEALED TEMPORARY CIVIL GAG ORDERS. Document filed by Commonwealth of the Northern Mariana Islands. (This document was previously filed under seal in envelope #28 and unsealed on 4/22/2013.)(mro) (Entered: 04/25/2013) |
| 04/22/2013 | 126 | ORDER: TO: HSBC Holdings plc and any affiliate or subsidiary thereof which processes wire transfers denominated in Sterling (Great British Pounds). ACCORDINGLY, IT IS SO ORDERED that you shall not disclose the existence of the Subpoena or this Order of the Court, or the existence of the Commonwealth's post-judgment enforcement efforts, to William H. Millard or to any other person, unless and until authorized to do so by the Court. IT IS FURTHER ORDERED that any motion for a protective order pursuant to Federal Rule of Civil Procedure 26(c), or any other Court filing responsive to the Subpoena, in relation to this Order, or otherwise concerning this matter, be made under seal pursuant to the Local Rules of this Court. IT IS FURTHER ORDERED that this Order and the Memorandum of Law in Support of the Motion for this Order are sealed until otherwise ordered by the Court. (Signed by Judge Deborah A. Batts, Part I on 1/12/2012) (This document was previously filed under seal in envelope #28 and unsealed on 4/22/2013.)(mro) (Entered: 04/25/2013) |
| 04/22/2013 | 127 | ORDER: TO: Deutsche Bank AG and any affiliate or subsidiary thereof which processes wire transfers denominated in Euros. ACCORDINGLY, IT IS SO ORDERED that you shall not disclose the existence of the Subpoena or this Order of the Court, or the existence of the Commonwealth's post-judgment enforcement efforts, to William H. Millard or to any other person, unless and until authorized to do so by the Court. IT IS FURTHER ORDERED that any motion for a protective order pursuant to Federal Rule of Civil Procedure 26(c), or any other Court filing responsive to the Subpoena, in relation to this Order, or otherwise concerning this matter, be made under seal pursuant to the Local Rules of this Court. IT IS FURTHER ORDERED that this Order and the Memorandum of Law in Support of the Motion for this Order are sealed until otherwise ordered by the Court. (Signed by Judge Deborah A. Batts, Part I on 1/12/2012) (This document was previously filed under seal in envelope #28 and unsealed on 4/22/2013.) (mro) (Entered: 04/25/2013) |
| 04/22/2013 | 128 | ORDER: TO: Standard Chartered Bank, Standard Chartered Bank Limited, and any affiliate or subsidiary thereof which processes wire transfers denominated in Singapore Dollars, and any entity acquired by Standard Chartered Bank or Standard Chartered Bank Limited which processes wire transfers in U.S. Dollars or Singapore Dollars, including, without limitation, American Express Centurion Bank. IT IS SO ORDERED that you shall not disclose the existence of the Subpoena or this Order of the Court, or the existence of the Commonwealth's post-judgment enforcement efforts, to William H. Millard or to any other person, unless and until authorized to do so by the Court. IT IS FURTHER ORDERED that any motion for a protective order pursuant to Federal Rule of Civil Procedure 26(c), or any other Court filing responsive to the Subpoena, in relation to this Order, or otherwise concerning this matter, be made under seal pursuant to the Local Rules of this Court. IT IS FURTHER ORDERED that this Order and the Memorandum of Law in Support of the Motion for this Order are sealed until otherwise ordered by the Court. (Signed by Judge Deborah A. Batts, Part I on 1/12/2012) (This document was previously filed under seal in envelope #28 and unsealed on 4/22/2013.) (mro) (Entered: 04/25/2013) |
| 04/22/2013 | 129 | ORDER: TO: Citigroup Inc., Citibank N.A. and any affiliate or subsidiary thereof which processes wire transfers denominated in Euros. IT IS SO ORDERED that you shall not disclose the existence of the Subpoena or this Order of the Court, or the existence of the Commonwealth's post-judgment enforcement efforts, to William H. Millard or to any other person, unless and until authorized to do so by the Court. IT IS FURTHER ORDERED that any motion for a protective order pursuant to Federal Rule of Civil Procedure 26(c), or any other Court filing responsive to the Subpoena, in relation to this Order, or otherwise concerning this matter, be made under seal pursuant to the Local Rules of this Court. IT IS FURTHER ORDERED that this Order and the Memorandum of Law in Support of the Motion for this Order are sealed until otherwise ordered by the Court. (Signed by Judge Deborah A. Batts, Part I on 1/12/2012) (This document was previously filed under seal in envelope #28 and unsealed on 4/22/2013.) (mro) (Entered: 04/25/2013) |
| 04/22/2013 | 130 | ORDER: TO: New York Stock Exchange LLC. IT IS SO ORDERED that you shall not disclose the existence of the Subpoena or this Order of the Court, or the existence of the Commonwealth's post-judgment enforcement efforts, to the Millards or to any other person, unless and until authorized to do so by the Court. IT IS FURTHER ORDERED that any motion for a protective order pursuant to Federal Rule of Civil Procedure 26(c), or any other Court filing responsive to the Subpoena, in relation to this Order, or otherwise concerning this matter, be made under seal pursuant to the Local Rules of this Court. IT IS FURTHER ORDERED that this Order and the Memorandum of Law in Support of the Motion for this Order are sealed until otherwise ordered by the Court, and that the Commonwealth is not required to give notice of the Subpoena to the Millards. (Signed by Judge Richard M. Berman, Part I on 2/14/2012) (This document was previously filed under seal in envelope #44 and unsealed on 4/22/2013.) (mro) (Entered: 04/25/2013) |
| 04/22/2013 | 131 | ORDER: TO: Charles Schwab & Co., Inc. IT IS SO ORDERED that you shall not disclose the existence of the Subpoena or this Order of the Court, or the existence of the Commonwealth's post-judgment enforcement efforts, to the Millards or to any other person, unless and until authorized to do so by the Court. IT IS FURTHER ORDERED that any motion for a protective order pursuant to Federal Rule of Civil Procedure 26(c), or any other Court filing responsive to the Subpoena, in relation to this Order, or otherwise concerning this matter, be made under seal pursuant to the Local Rules of this Court. IT IS FURTHER ORDERED that this Order and the Memorandum of Law in Support of the Motion for this Order are sealed until otherwise ordered by the Court, and that the Commonwealth is not required to give notice of the Subpoena to the Millards. (Signed by Judge Richard M. Berman, Part I on 2/14/2012) (This document was previously filed under seal in envelope #44 and unsealed on 4/22/2013.) (mro) (Entered: 04/25/2013) |
| 04/22/2013 | 132 | ORDER: TO: New Castle Funds LLC. IT IS SO ORDERED that you shall not disclose the existence of the Subpoena or this Order of the Court, or the existence of the Commonwealth's post-judgment enforcement efforts, to the Millards or to any other person, unless and until authorized to do so by the Court. IT IS FURTHER ORDERED that any motion for a protective order pursuant to Federal Rule of Civil Procedure 26(c), or any other Court filing responsive to the Subpoena, in relation to this Order, or otherwise concerning this matter, be made under seal pursuant to the Local Rules of this Court. IT IS FURTHER ORDERED that this Order and the Memorandum of Law in Support of the Motion for this Order are sealed until otherwise ordered by the Court, and that the Commonwealth is not required to give notice of the Subpoena to the Millards. (Signed by Judge Richard M. Berman, Part I on 2/14/2012) (This document was previously filed under seal in envelope #44 and unsealed on 4/22/2013.) (mro) (Entered: 04/25/2013) |
| 04/22/2013 | 133 | ORDER: TO: PNC Bank, N.A. IT IS SO ORDERED that you shall not disclose the existence of the Subpoena or this Order of the Court, or the existence of the Commonwealth's post-judgment enforcement efforts, to the Millards or to any other person, unless and until authorized to do so by the Court. IT IS FURTHER ORDERED that any motion for a protective order pursuant to Federal Rule of Civil Procedure 26(c), or any other Court filing responsive to the Subpoena, in relation to this Order, or otherwise concerning this matter, be made under seal pursuant to the Local Rules of this Court. IT IS FURTHER ORDERED that this Order and the Memorandum of Law in Support of the Motion for this Order are sealed until otherwise ordered by the Court, and that the Commonwealth is not required to give notice of the Subpoena to the Millards. (Signed by Judge Richard M. Berman, Part I on 2/14/2012) (This document was previously filed under seal in envelope #44 and unsealed on 4/22/2013.) (mro) (Entered: 04/25/2013) |
| 04/22/2013 | 134 | ORDER: TO: American Stock Exchange LLC. IT IS SO ORDERED that you shall not disclose the existence of the Subpoena or this Order of the Court, or the existence of the Commonwealth's post-judgment enforcement efforts, to the Millards or to any other person, unless and until authorized to do so by the Court. IT IS FURTHER ORDERED that any motion for a protective order pursuant to Federal Rule of Civil Procedure 26(c), or any other Court filing responsive to the Subpoena, in relation to this Order, or otherwise concerning this matter, be made under seal pursuant to the Local Rules of this Court. IT IS FURTHER ORDERED that this Order and the Memorandum of Law in Support of the Motion for this Order are sealed until otherwise ordered by the Court, and that the Commonwealth is not required to give notice of the Subpoena to the Millards. (Signed by Judge Richard M. Berman, Part I on 2/14/2012) (This document was previously filed under seal in envelope #44 and unsealed on 4/22/2013.) (mro) Modified on 4/25/2013 (mro). (Entered: 04/25/2013) |
| 04/22/2013 | 135 | ORDER: TO: NYSE Amex LLC. IT IS SO ORDERED that you shall not disclose the existence of the Subpoena or this Order of the Court, or the existence of the Commonwealth's post-judgment enforcement efforts, to the Millards or to any other person, unless and until authorized to do so by the Court. IT IS FURTHER ORDERED that any motion for a protective order pursuant to Federal Rule of Civil Procedure 26(c), or any other Court filing responsive to the Subpoena, in relation to this Order, or otherwise concerning this matter, be made under seal pursuant to the Local Rules of this Court. IT IS FURTHER ORDERED that this Order and the Memorandum of Law in Support of the Motion for this Order are sealed until otherwise ordered by the Court, and that the Commonwealth is not required to give notice of the Subpoena to the Millards. (Signed by Judge Richard M. Berman, Part I on 2/14/2012) (This document was previously filed under seal in envelope #44 and unsealed on 4/22/2013.)(mro) (Entered: 04/26/2013) |
| 04/22/2013 | 136 | ORDER: TO: NYSE Euronext. IT IS SO ORDERED that you shall not disclose the existence of the Subpoena or this Order of the Court, or the existence of the Commonwealth's post-judgment enforcement efforts, to the Millards or to any other person, unless and until authorized to do so by the Court. IT IS FURTHER ORDERED that any motion for a protective order pursuant to Federal Rule of Civil Procedure 26(c), or any other Court filing responsive to the Subpoena, in relation to this Order, or otherwise concerning this matter, be made under seal pursuant to the Local Rules of this Court. IT IS FURTHER ORDERED that this Order and the Memorandum of Law in Support of the Motion for this Order are sealed until otherwise ordered by the Court, and that the Commonwealth is not required to give notice of the Subpoena to the Millards. (Signed by Judge Richard M. Berman, Part I on 2/14/2012) (This document was previously filed under seal in envelope #44 and unsealed on 4/22/2013.) (mro) (Entered: 04/26/2013) |
| 04/22/2013 | 137 | PLAINTIFF JUDGMENT CREDITOR'S MEMORANDUM IN SUPPORT OF ITS EX PARTE MOTION FOR TEMPORARY CIVIL GAGGING AND SEALING ORDERS. Document filed by Commonwealth of the Northern Mariana Islands. (This document was previously filed under seal in envelope #44 and unsealed on 4/22/2013.)(mro) (Entered: 04/26/2013) |
| 04/22/2013 | 138 | ORDER: TO: Bank of America N.A. IT IS SO ORDERED that you shall not disclose the existence of the Subpoena or this Order of the Court, or the existence of the Commonwealth's post-judgment enforcement efforts, to William H. Millard or to any other person, unless and until authorized to do so by the Court. IT IS FURTHER ORDERED that, to the extent that you have already disclosed the Subpoena to William H. Millard or to the banks at which William H. Millard holds accounts, or to any other person, you shall not engage in any further communication regarding the Subpoena with William H. Millard or the banks at which William H. Millard holds accounts, or with any other person. IT IS FURTHER ORDERED that any motion for a protective order pursuant to Federal Rule of Civil Procedure 26(c), or any other Court filing responsive to the Subpoena, in relation to this Order, or otherwise concerning this matter, be made under seal pursuant to the Local Rules of this Court. IT IS FURTHER ORDERED that the Commonwealth is authorized to withhold notice of the Subpoena until otherwise ordered by the Court. IT IS FURTHER ORDERED that this Order and the Memorandum of Law in Support of the Motion for this Order are sealed until otherwise ordered by the Court. (Signed by Judge Richard J. Sullivan, Part I on 12/23/2011) (This document was previously filed under seal in envelope #27 and unsealed on 4/22/2013.)(mro) (Entered: 04/26/2013) |
| 04/22/2013 | 139 | PLAINTIFF JUDGMENT CREDITOR'S MEMORANDUM IN SUPPORT OF ITS EX PARTE MOTION FOR SEALED TEMPORARY CIVIL GAG ORDERS. Document filed by Commonwealth of the Northern Mariana Islands. (This document was previously filed under seal in envelope #27 and unsealed on 4/22/2013.)(mro) (Entered: 04/26/2013) |
| 04/22/2013 | 140 | ORDER: TO: Bloomberg LP. IT IS SO ORDERED that you shall not disclose the existence of the Subpoena or this Order of the Court, or the existence of the Commonwealth's post-judgment enforcement efforts, to William H. Millard or to any other person, unless and until authorized to do so by the Court. IT IS FURTHER ORDERED that, to the extent that you have already disclosed the Subpoena to William H. Millard or to the banks at which William H. Millard holds accounts, or to any other person, you shall not engage in any further communication regarding the Subpoena with William H. Millard or the banks at which William H. Millard holds accounts, or with any other person. IT IS FURTHER ORDERED that any motion for a protective order pursuant to Federal Rule of Civil Procedure 26(c), or any other Court filing responsive to the Subpoena, in relation to this Order, or otherwise concerning this matter, be made under seal pursuant to the Local Rules of this Court. IT IS FURTHER ORDERED that the Commonwealth is authorized to withhold notice of the December 14, 2011 subpoena until otherwise ordered by the Court. IT IS FURTHER ORDERED that this Order and the Memorandum of Law in Support of the Motion for this Order is sealed until otherwise ordered by the Court. (Signed by Judge Richard J. Sullivan, Part I on 12/20/2011) (This document was previously filed under seal in envelope #27 and unsealed on 4/22/2013.) (mro) Modified on 4/26/2013 (mro). (Entered: 04/26/2013) |
| 04/22/2013 | 141 | ORDER: TO: American Express Centurion Bank. TO: American Express Centurion Bank. IT IS SO ORDERED that you shall not disclose the existence of the Subpoena or this Order of the Court, or the existence of the Commonwealth's post-judgment enforcement efforts, to William H. Millard or to any other person, unless and until authorized to do so by the Court. IT IS FURTHER ORDERED that you shall not disclose the existence of the Subpoena which the Commonwealth served upon you on October 18, 2011 (the "October 18 Subpoena", attached hereto as Exhibit A) to William H. Millard or to any other person, unless and until authorized to do so by the Court. IT IS FURTHER ORDERED that, to the extent that you have already disclosed the October 18 Subpoena to William H. Millard or to the banks at which William H. Millard holds accounts, or to any other person, you shall not engage in any further communication regarding the October 18 Subpoena with William H. Millard or the banks at which William H. Millard holds accounts, or with any other person. IT IS FURTHER ORDERED that any motion for a protective order pursuant to Federal Rule of Civil Procedure 26(c), or any other Court filing responsive to the Subpoena or the October 18 Subpoena, in relation to this Order, or otherwise concerning this matter, be made under seal pursuant to the Local Rules of this Court. IT IS FURTHER ORDERED that the Commonwealth is authorized to withhold notice of the October 18 Subpoena until otherwise ordered by the Court. IT IS FURTHER ORDERED that this Order and the Memorandum of Law in Support of the Motion for this Order is sealed until otherwise ordered by the Court. (Signed by Judge Richard J. Sullivan, Part I on 12/20/2011) (This document was previously filed under seal in envelope #27 and unsealed on 4/22/2013.)(mro) (Entered: 04/26/2013) |
| 04/22/2013 | 142 | ORDER: TO: Wells Fargo Bank, NA. IT IS SO ORDERED that you shall not disclose the existence of the Subpoena or this Order of the Court, or the existence of the Commonwealth's post-judgment enforcement efforts, to William H. Millard or to any other person, unless and until authorized to do so by the Court. IT IS FURTHER ORDERED that you shall not disclose the existence of the Subpoena which the Commonwealth served upon you on October 18, 2011 (the "October 18 Subpoena", attached hereto as Exhibit A) to William H. Millard or to any other person, unless and until authorized to do so by the Court. IT IS FURTHER ORDERED that, to the extent that you have already disclosed the October 18 Subpoena to William H. Millard or to the banks at which William H. Millard holds accounts, or to any other person, you shall not engage in any further communication regarding the October 18 Subpoena with William H. Millard or the banks at which William H. Millard holds accounts, or with any other person. IT IS FURTHER ORDERED that any motion for a protective order pursuant to Federal Rule of Civil Procedure 26(c), or any other Court filing responsive to the Subpoena or the October 18 Subpoena, in relation to this Order, or otherwise concerning this matter, be made under seal pursuant to the Local Rules of this Court. IT IS FURTHER ORDERED that the Commonwealth is authorized to withhold notice of the October 18 Subpoena until otherwise ordered by the Court. IT IS FURTHER ORDERED that this Order and the Memorandum of Law in Support of the Motion for this Order is sealed until otherwise ordered by the Court. (Signed by Judge Richard J. Sullivan, Part I on 12/20/2011) (This document was previously filed under seal in envelope #27 and unsealed on 4/22/2013.)(mro) Modified on 4/26/2013 (mro). (Entered: 04/26/2013) |
| 04/22/2013 | 143 | ORDER: TO: Wachovia Bank, NA. IT IS SO ORDERED that you shall not disclose the existence of the Subpoena or this Order of the Court, or the existence of the Commonwealth's post-judgment enforcement efforts, to William H. Millard or to any other person, unless and until authorized to do so by the Court. IT IS FURTHER ORDERED that you shall not disclose the existence of the Subpoena which the Commonwealth served upon you on October 18, 2011 (the "October 18 Subpoena", attached hereto as Exhibit A) to William H. Millard or to any other person, unless and until authorized to do so by the Court. IT IS FURTHER ORDERED that, to the extent that you have already disclosed the October 18 Subpoena to William H. Millard or to the banks at which William H. Millard holds accounts, or to any other person, you shall not engage in any further communication regarding the October 18 Subpoena with William H. Millard or the banks at which William H. Millard holds accounts, or with any other person. IT IS FURTHER ORDERED that any motion for a protective order pursuant to Federal Rule of Civil Procedure 26(c), or any other Court filing responsive to the Subpoena or the October 18 Subpoena, in relation to this Order, or otherwise concerning this matter, be made under seal pursuant to the Local Rules of this Court. IT IS FURTHER ORDERED that the Commonwealth is authorized to withhold notice of the October 18 Subpoena until otherwise ordered by the Court. IT IS FURTHER ORDERED that this Order and the Memorandum of Law in Support of the Motion for this Order is sealed until otherwise ordered by the Court. (Signed by Judge Richard J. Sullivan, Part I on 12/20/2011) (This document was previously filed under seal in envelope #27 and unsealed on 4/22/2013.)(mro) (Entered: 04/26/2013) |
| 04/22/2013 | 144 | ORDER: TO: Standard Chartered Bank Limited. IT IS SO ORDERED that you shall not disclose the existence of the Subpoena or this Order of the Court, or the existence of the Commonwealth's post-judgment enforcement efforts, to William H. Millard or to any other person, unless and until authorized to do so by the Court. IT IS FURTHER ORDERED that you shall not disclose the existence of the Subpoena which the Commonwealth served upon you on October 18, 2011 (the "October 18 Subpoena", attached hereto as Exhibit A) to William H. Millard or to any other person, unless and until authorized to do so by the Court. IT IS FURTHER ORDERED that, to the extent that you have already disclosed the October 18 Subpoena to William H. Millard or to the banks at which William H. Millard holds accounts, or to any other person, you shall not engage in any further communication regarding the October 18 Subpoena with William H. Millard or the banks at which William H. Millard holds accounts, or with any other person. IT IS FURTHER ORDERED that any motion for a protective order pursuant to Federal Rule of Civil Procedure 26(c), or any other Court filing responsive to the Subpoena or the October 18 Subpoena, in relation to this Order, or otherwise concerning this matter, be made under seal pursuant to the Local Rules of this Court. IT IS FURTHER ORDERED that the Commonwealth is authorized to withhold notice of the October 18 Subpoena until otherwise ordered by the Court. IT IS FURTHER ORDERED that this Order and the Memorandum of Law in Support of the Motion for this Order is sealed until otherwise ordered by the Court. (Signed by Judge Richard J. Sullivan, Part I on 12/20/2011) (This document was previously filed under seal in envelope #27 and unsealed on 4/22/2013.) (mro) (Entered: 04/26/2013) |
| 04/22/2013 | 145 | ORDER: TO: Bank of New York Mellon. IT IS SO ORDERED that you shall not disclose the existence of the Subpoena or this Order of the Court, or the existence of the Commonwealth's post-judgment enforcement efforts, to William H. Millard or to any other person, unless and until authorized to do so by the Court. IT IS FURTHER ORDERED that you shall not disclose the existence of the Subpoena which the Commonwealth served upon you on October 18, 2011 (the "October 18 Subpoena", attached hereto as Exhibit A) to William H. Millard or to any other person, unless and until authorized to do so by the Court. IT IS FURTHER ORDERED that, to the extent that you have already disclosed the October 18 Subpoena to William H. Millard or to the banks at which William H. Millard holds accounts, or to any other person, you shall not engage in any further communication regarding the October 18 Subpoena with William H. Millard or the banks at which William H. Millard holds accounts, or with any other person. IT IS FURTHER ORDERED that any motion for a protective order pursuant to Federal Rule of Civil Procedure 26(c), or any other Court filing responsive to the Subpoena or the October 18 Subpoena, in relation to this Order, or otherwise concerning this matter, be made under seal pursuant to the Local Rules of this Court. IT IS FURTHER ORDERED that the Commonwealth is authorized to withhold notice of the October 18 Subpoena until otherwise ordered by the Court. IT IS FURTHER ORDERED that this Order and the Memorandum of Law in Support of the Motion for this Order is sealed until otherwise ordered by the Court. (Signed by Judge Richard J. Sullivan, Part I on 12/20/2011) (This document was previously filed under seal in envelope #27 and unsealed on 4/22/2013.) (mro) (Entered: 04/26/2013) |
| 04/22/2013 | 146 | ORDER: TO: Deutsche Bank Trust Co. Americas. IT IS SO ORDERED that you shall not disclose the existence of the Subpoena or this Order of the Court, or the existence of the Commonwealth's post-judgment enforcement efforts, to William H. Millard or to any other person, unless and until authorized to do so by the Court. IT IS FURTHER ORDERED that you shall not disclose the existence of the Subpoena which the Commonwealth served upon you on October 18, 2011 (the "October 18 Subpoena", attached hereto as Exhibit A) to William H. Millard or to any other person, unless and until authorized to do so by the Court. IT IS FURTHER ORDERED that, to the extent that you have already disclosed the October 18 Subpoena to William H. Millard or to the banks at which William H. Millard holds accounts, or to any other person, you shall not engage in any further communication regarding the October 18 Subpoena with William H. Millard or the banks at which William H. Millard holds accounts, or with any other person. IT IS FURTHER ORDERED that any motion for a protective order pursuant to Federal Rule of Civil Procedure 26(c), or any other Court filing responsive to the Subpoena or the October 18 Subpoena, in relation to this Order, or otherwise concerning this matter, be made under seal pursuant to the Local Rules of this Court. IT IS FURTHER ORDERED that the Commonwealth is authorized to withhold notice of the October 18 Subpoena until otherwise ordered by the Court. IT IS FURTHER ORDERED that this Order and the Memorandum of Law in Support of the Motion for this Order is sealed until otherwise ordered by the Court. (Signed by Judge Richard J. Sullivan, Part I on 12/20/2011) (This document was previously filed under seal in envelope #27 and unsealed on 4/22/2013.)(mro) (Entered: 04/26/2013) |
| 04/22/2013 | 147 | ORDER: TO: Bank of America N.A. IT IS SO ORDERED that you shall not disclose the existence of the subpoena or this Order of the Court, or the existence of the Commonwealth's post-judgment enforcement efforts, to William H. Millard or to any other person, unless and until authorized to do so by the Court. IT IS FURTHER ORDERED that any motion for a protective order pursuant to Federal Rule of Civil Procedure 26(c), or any other Court filing responsive to the subpoena or in relation to this Order, or otherwise concerning this matter, be made under seal pursuant to the Local Rules of this Court. IT IS FURTHER ORDERED that this Order and the Memorandum of Law in Support of the Motion for this Order is sealed until otherwise ordered by the Court. (Signed by Judge Richard J. Sullivan, Part I on 12/20/2011) (This document was previously filed under seal in envelope #27 and unsealed on 4/22/2013.) (mro) (Entered: 04/26/2013) |
| 04/22/2013 | 148 | PLAINTIFF JUDGMENT CREDITOR'S MEMORANDUM IN SUPPORT OF IT EX PARTE MOTION FOR SEALED TEMPORARY CIVIL GAG ORDERS. Document filed by Commonwealth of the Northern Mariana Islands. (This document was previously filed under seal in envelope #27 and unsealed on 4/22/2013.) (mro) (Entered: 04/26/2013) |
| 04/22/2013 | 149 | SEALED ORDER: IT IS HEREBY ORDERED that before February 20, 2012, and every 60 days thereafter, Plaintiff shall inform the Court, by letter submitted to the Part I clerk, whether the orders may be unsealed and the parties permitted to disclose the existence of the orders and subpoenas. (Signed by Judge Richard J. Sullivan, Part I on 12/22/2011) (This document was previously filed under seal in envelope #27 and unsealed on 4/22/2013.) (mro) (Entered: 04/26/2013) |
| 04/22/2013 | 150 | ORDER: TO: Bank of New York Mellon. IT IS SO ORDERED that you shall not disclose the existence of the Subpoena or this Order of the Court, or the existence of the Commonwealth's post-judgment enforcement efforts, to William H. Millard or to any other person, unless and until authorized to do so by the Court. IT IS FURTHER ORDERED that, to the extent that you have already disclosed the Subpoena to William H. Millard or to the banks at which William H. Millard holds accounts, or to any other person, you shall not engage in any further communication regarding the Subpoena with William H. Millard or the banks at which William H. Millard holds accounts, or with any other person. IT IS FURTHER ORDERED that any motion for a protective order pursuant to Federal Rule of Civil Procedure 26(c), or any other Court filing responsive to the Subpoena, in relation to this Order, or otherwise concerning this matter, be made under seal pursuant to the Local Rules of this Court. IT IS FURTHER ORDERED that the Commonwealth is authorized to withhold notice of the Subpoena until otherwise ordered by the Court. IT IS FURTHER ORDERED that this Order and the Memorandum of Law in Support of the Motion for this Order are sealed until otherwise ordered by the Court. (Signed by Judge Richard J. Sullivan, Part I on 12/22/2011) (This document was previously filed under seal in envelope #27 and unsealed on 4/22/2013.)(mro) (Entered: 04/26/2013) |
| 04/22/2013 | 151 | ORDER: TO: Deutsche Bank Trust Co. Americas. IT IS SO ORDERED that you shall not disclose the existence of the Subpoena or this Order of the Court, or the existence of the Commonwealth's post-judgment enforcement efforts, to William H. Millard or to any other person, unless and until authorized to do so by the Court. IT IS FURTHER ORDERED that, to the extent that you have already disclosed the Subpoena to William H. Millard or to the banks at which William H. Millard holds accounts, or to any other person, you shall not engage in any further communication regarding the Subpoena with William H. Millard or the banks at which William H. Millard holds accounts, or with any other person. IT IS FURTHER ORDERED that any motion for a protective order pursuant to Federal Rule of Civil Procedure 26(c), or any other Court filing responsive to the Subpoena, in relation to this Order, or otherwise concerning this matter, be made under seal pursuant to the Local Rules of this Court. IT IS FURTHER ORDERED that the Commonwealth is authorized to withhold notice of the Subpoena until otherwise ordered by the Court. IT IS FURTHER ORDERED that this Order and the Memorandum of Law in Support of the Motion for this Order are sealed until otherwise ordered by the Court. (Signed by Judge Richard J. Sullivan, Part I on 12/22/2011) (This document was previously filed under seal in envelope #27 and unsealed on 4/22/2013.) (mro) (Entered: 04/26/2013) |
| 04/22/2013 | 152 | ORDER: TO: Standard Chartered Bank Limited. IT IS SO ORDERED that you shall not disclose the existence of the Subpoena or this Order of the Court, or the existence of the Commonwealth's post-judgment enforcement efforts, to William H. Millard or to any other person, unless and until authorized to do so by the Court. IT IS FURTHER ORDERED that, to the extent that you have already disclosed the Subpoena to William H. Millard or to the banks at which William H. Millard holds accounts, or to any other person, you shall not engage in any further communication regarding the Subpoena with William H. Millard or the banks at which William H. Millard holds accounts, or with any other person. IT IS FURTHER ORDERED that any motion for a protective order pursuant to Federal Rule of Civil Procedure 26(c), or any other Court filing responsive to the Subpoena, in relation to this Order, or otherwise concerning this matter, be made under seal pursuant to the Local Rules of this Court. IT IS FURTHER ORDERED that the Commonwealth is authorized to withhold notice of the Subpoena until otherwise ordered by the Court. IT IS FURTHER ORDERED that this Order and the Memorandum of Law in Support of the Motion for this Order are sealed until otherwise ordered by the Court. (Signed by Judge Richard J. Sullivan, Part I on 12/22/2011) (This document was previously filed under seal in envelope #27 and unsealed on 4/22/2013.) (mro) (Entered: 04/26/2013) |
| 04/22/2013 | 153 | ORDER: TO: American Express Centurion Bank. IT IS SO ORDERED that you shall not disclose the existence of the Subpoena or this Order of the Court, or the existence of the Commonwealth's post-judgment enforcement efforts, to William H. Millard or to any other person, unless and until authorized to do so by the Court. IT IS FURTHER ORDERED that, to the extent that you have already disclosed the Subpoena to William H. Millard or to the banks at which William H. Millard holds accounts, or to any other person, you shall not engage in any further communication regarding the Subpoena with William H. Millard or the banks at which William H. Millard holds accounts, or with any other person. IT IS FURTHER ORDERED that any motion for a protective order pursuant to Federal Rule of Civil Procedure 26(c), or any other Court filing responsive to the Subpoena, in relation to this Order, or otherwise concerning this matter, be made under seal pursuant to the Local Rules of this Court. IT IS FURTHER ORDERED that the Commonwealth is authorized to withhold notice of the Subpoena until otherwise ordered by the Court. IT IS FURTHER ORDERED that this Order and the Memorandum of Law in Support of the Motion for this Order are sealed until otherwise ordered by the Court. (Signed by Judge Richard J. Sullivan, Part I on 12/22/2011) (This document was previously filed under seal in envelope #27 and unsealed on 4/22/2013.) (mro) (Entered: 04/26/2013) |
| 04/24/2013 | 123 | SEALED DOCUMENT placed in vault.(nm) (Entered: 04/24/2013) |
| 05/15/2013 | 154 | MANDATE of USCA (Certified Copy) as to 96 Notice of Appeal filed by Commonwealth of the Northern Mariana Islands USCA Case Number 12-1857. Ordered, Adjudged and Decreed that the order of the District Court is AFFIRMED and the injunction is VACATED in accordance with the opinion of this Court. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 05/15/2013. (Attachments: # 1 Opinion)(nd) (Entered: 05/15/2013) |
| 05/15/2013 | Transmission of USCA Mandate to the District Judge re: 154 USCA Mandate,. (nd) (Entered: 05/15/2013) | |
| 04/21/2014 | 155 | ENDORSED LETTER addressed to Judge Lewis A. Kaplan from Michael S. Kim dated 4/17/2014 re: We write jointly to update Your Honors on two developments that might moot the pending bankruptcy appeals and result in the resolution and dismissal of these actions. The parties will respectfully request the Bankruptcy Court to maintain the Chapter 15 cases for that purpose and to effectuate the terms of the settlement. ENDORSEMENT: The appeal is stayed pending future order. (Signed by Judge Lewis A. Kaplan on 4/21/2014) (cd) (Entered: 04/21/2014) |
| 09/25/2014 | 156 | MOTION to Vacate . Document filed by Commonwealth of the Northern Mariana Islands.(Green, Marcus) (Entered: 09/25/2014) |
| 09/25/2014 | 157 | MEMORANDUM OF LAW in Support re: 156 MOTION to Vacate . . Document filed by Commonwealth of the Northern Mariana Islands. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Green, Marcus) (Entered: 09/25/2014) |
| 10/21/2014 | 158 | ORDER. IT IS HEREBY ORDERED that the judgments of this Court in Case Nos. 11 Misc. 00099 and 11 Misc. 00100 resulting from the registrations pursuant to 28 U.S.C. § 1963 of the underlying judgments rendered by the U.S. District Court for the Northern Mariana Islands (in original Case Nos. 1:93-cv-00028 and 1:93-cv-00029 (D.N.M.I.)) are vacated pursuant to Fed. R. Civ. P. 60(b)(5). IT IS HEREBY FURTHER ORDERED that the miscellaneous enforcement actions (Case Nos. 11 Misc. 00099 and 11 Misc. 00100) in this Court are dismissed with prejudice pursuant to Fed. R. Civ. P. 41(a)(2). Granting 156 Motion to Vacate. (Signed by Judge Lewis A. Kaplan on 10/21/2014) (rjm) (Entered: 10/21/2014) |
| 10/21/2014 | Terminate Transcript Deadlines. (rjm) (Entered: 10/21/2014) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 06/02/2023 04:01:51 | |||
| PACER Login: | andy0357 | Client Code: | |
| Description: | Docket Report | Search Criteria: | 1:11-mc-00099-LAK |
| Billable Pages: | 23 | Cost: | 2.30 |