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Vera v. The Republic of Cuba

REPLY MEMORANDUM OF LAW in Support re: 49 MOTION for Turnover Order Pursuant to Federal Rule of Civil Procedure Rule 69 and CPLR 5225

12 Cited authorities

  1. EM Ltd. v. Republic of Argentina

    695 F.3d 201 (2d Cir. 2012)   Cited 283 times
    Holding that collateral order doctrine afforded Argentina immediate review of order requiring foreign bank to disclose Argentina's worldwide assets because subsequent appellate review was unavailable and Argentina, as judgment debtor rather than party to whom disclosure order was directed, could not obtain review through disobedience and contempt

  2. Organizacion JD Ltda. v. U.S. Department of Justice

    18 F.3d 91 (2d Cir. 1994)   Cited 28 times   1 Legal Analyses
    Holding that "intervening government actions"—in that case, seizing the objects of the contract at issue—"rendered any enforceable contract impossible to perform"

  3. Eitzen Bulk A/S, v. Ashapura Minechem, Ltd.

    632 F.3d 53 (2d Cir. 2011)   Cited 5 times
    In Eitzen, the Second Circuit stated that "attachments may be vacated at any time before property or debts are actually applied to the satisfaction of a judgment."

  4. Gucci Am., Inc. v. Bagsmerchant, LLC

    10 Civ. 2911 (SAS) (S.D.N.Y. Sep. 27, 2012)

    10 Civ. 2911 (SAS) 09-27-2012 GUCCI AMERICA, INC.; BALENCIAGA, S.A.; BALENCIAGA AMERICA, INC.; BOTTEGA VENETA, INC.; and YVES SAINT LAURENT AMERICA, INC., Plaintiffs, v. BAGSMERCHANT, LLC; BAGSMERCHANT.CO; BAG STORE LTD a/k/a WWW.BAGS-STQRE.COM; YUNJING LLC; AUTHENTICTRADTNG LTD; YI WANG; WU XIANHUI; YU ZHANG; JASON JAMES a/k/a JASON MIOTO a/k/a JERMEN MIOTO; WWW.BAGSDEAL.COM: all doing business as WWW.BAGSMERCHANT.COM: ABC COMPANIES; and JOHN DOES, Defendants. For Plaintiffs: Gibson, Dunn & Crutcher

  5. Riggs v. Johnson County

    73 U.S. 166 (1867)   Cited 107 times
    Recognizing that in certain controversies, federal and state courts are courts of concurrent jurisdiction

  6. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 71,368 times   127 Legal Analyses
    Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

  7. Section 1605 - General exceptions to the jurisdictional immunity of a foreign state

    28 U.S.C. § 1605   Cited 1,923 times   52 Legal Analyses
    Adopting the meaning given that term in section 3 of the Torture Victim Protection Act of 1991

  8. Rule 22 - Interpleader

    Fed. R. Civ. P. 22   Cited 1,347 times   3 Legal Analyses
    Governing interpleader

  9. Section 5225 - Payment or delivery of property of judgment debtor

    N.Y. C.P.L.R. § 5225   Cited 849 times   1 Legal Analyses
    Authorizing judgment creditor to commence special proceeding against garnishee who holds assets of judgment debtor

  10. Section 1605A - Terrorism exception to the jurisdictional immunity of a foreign state

    28 U.S.C. § 1605A   Cited 501 times   12 Legal Analyses
    Adopting definition of "material support or resources" found in 18 U.S.C. § 2339A

  11. Section 6032 - Enforcement of economic embargo of Cuba

    22 U.S.C. § 6032   Cited 13 times
    Ordering the President to "instruct the Secretary of the Treasury and the Attorney General to enforce fully the Cuban Assets Control Regulations"

  12. Section 501.806 - Procedures for unblocking property believed to have been blocked and reported in error due to mistaken identity or typographical or similar errors

    31 C.F.R. § 501.806   Cited 4 times
    Specifying "procedures for unblocking funds believed to have been blocked due to mistaken identity"