Peterson v. Islamic Republic of Iran

Filing 178

REPORT AND RECOMMENDATIONS Objections to R&R due by 10/28/2008. Signed by Magistrate Judge Bernard Zimmerman on 10/14/2008. (Attachments: # 1 ATTACHMENT)(bzsec, COURT STAFF) (Filed on 10/14/2008)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DEBORAH D. PETERSON, Personal Representative of the Estate of James C. Knipple (Dec.), et al., Plaintiff(s), v. ISLAMIC REPUBLIC OF IRAN, et al., Defendant(s). ) ) ) ) ) ) ) ) ) ) ) ) ) ) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA No. 08-80030 MISC JSW (BZ) ORDER GRANTING PLAINTIFFS' MOTION COMPELLING ASSIGNMENT OF RIGHTS [CMA CGM] IT IS ORDERED that plaintiffs' motion for an order compelling the Islamic Republic of Iran ("Iran") to assign its rights to certain payments purportedly due from CMA CGM is GRANTED. IT IS FURTHER ORDERED that by November 20, 2008, Iran must assign to plaintiffs, care of their attorney, David J. Cook, Cook Collection Attorneys, P.L.C., 165 Fell Street, Third Floor, San Francisco, CA 94102, pursuant to F.R.Civ.P. 69(a) and California Code of Civil Procedure section 780.510(a), all or part of any existing right to payment in 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the United States, due or to become due, whether or not that right is conditioned on future developments, from and owing by CMA CGM, arising out of any commercial activity pertaining, specifically, to the use of any harbor, docking, wharf, drayage, loading or other harbor-like facilities in the United States, along with and including the sale of bunkered oil and/or fuel provided, sold, delivered, or vended to CMA CGM by Iran in the United States, for the purposes of satisfaction, in part or in whole, of the judgment of $2,656,944,877.00 in Peterson v. Islamic Republic of Iran, case numbers 012094(RCL) and 01-2684(RCL) filed in United States District Court for the District of Columbia. Pursuant to California Code of Civil Procedure section 780.540, nothing in this order shall alter, affect, predetermine, prejudice or preadjudicate any rights, claims, defenses, privileges or entitlement due and in favor of CMA CGM in any action proceeding, undertaking, demand, or claim asserted by plaintiffs under and pursuant to the conditions of this order, and all such rights, claims, defenses, privileges, or entitlements due and in favor of CMA CGM are hereby preserved. IT IS FURTHER ORDERED that plaintiffs shall prepare a form of assignment consistent with this Order, have it approved as to form by CMA CGM, and serve the assignment along with this Order on Iran by October 22, 2008. IT IS FURTHER ORDERED that if Iran does not assign its rights as ordered, on December 17, 2008, in Courtroom G, 15th Floor, Federal Building, 450 Golden Gate Avenue, San 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Francisco, California 94102, Iran shall show cause why such assignment shall not be entered on its behalf by the Clerk of Court, as a consequence of its failure to comply with this Order. In that event, by December 3, 2008, plaintiffs shall file a memorandum discussing this court's authority to enter such an assignment as a consequence of Iran's failure to comply and shall provide proof that Iran has been properly served. Dated: October 14, 2008 Bernard Zimmerman United States Magistrate Judge G:\BZALL\-REFS\PETERSON v. ISLAMIC REPUBLIC OF IRAN\ASSIGNMENT ORDER.TENTATIVE RULE FINALIZED.wpd 3

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