Bennett et al v. The Islamic Republic of Iran et al

Filing 109

ORDER VACATING DEFAULT re #108 STIPULATION WITH PROPOSED ORDER re #79 Clerks Notice of Entry of Default filed by Bank Melli. #95 STIPULATION WITH PROPOSED ORDER Awarding Turnover Of Blocked Assets, Discharge Of Stakeholders And Entry Of Final Judgment On Consent Of Parties filed by CIPPORAH KAPLAN et al. and #98 MOTION to Stay Distribution filed by Bank Melli are withdrawn without prejudice; #104 MOTION to Set Aside Default filed by Bank Melli is granted. Bank Melli shall move or answer the Third-Party Compalint within 30 days of the entry of this order. Signed by Judge Charles R. Breyer on 7/5/2012. (beS, COURT STAFF) (Filed on 7/5/2012)

1 MOLO LAMKEN LLP

JEFFREY A. LAMKEN (CA Bar # 154217)

2 The Watergate, Suite 660

600 New Hampshire Ave.

3 Washington, D.C. 20037

Telephone: [phone]

4 Facsimile: [phone]
5

6 Counsel for Third-Party Defendant

BANK MELLI

7
8

UNITED STATES DISTRICT COURT

9

FOR THE NORTHERN DISTRICT OF CALIFORNIA

10

SAN FRANCISCO DIVISION

11
12

MICHAEL BENNETT, et al.,

13

STIPULATION AND [PROPOSED]
ORDER VACATING DEFAULT

Plaintiffs,

14

v.

15
16

Case No. CV 11-5807 (CRB) (NJV)

ISLAMIC REPUBLIC OF IRAN,
et al.,

Before the Honorable Charles R. Breyer
and Nandor J. Vadas

Defendants.

17
18
19

VISA INC. and
FRANKLIN RESOURCES, INC.,

20

Third-Party Plaintiffs,

21

v.

22
23

BANK MELLI, et al.,
Third-Party Defendants.

24
25
26
27
28
STIPULATION AND [PROPOSED] ORDER

1

Third-Party Defendant Bank Melli, Defendants and Third-Party Plaintiffs

2

Visa Inc. and Franklin Resources, Inc. (“Visa” and “Franklin”), Plaintiffs Michael

3

Bennett et al. (the “Bennett Plaintiffs”), Third-Party Defendants Steven Green-

4

baum and Carlos Acosta et al. (the “Greenbaum/Acosta Judgment Creditors”), and

5

Third-Party Defendants Estate of Michael Heiser et al. (the “Heiser Judgment

6

Creditors”), by and through their undersigned counsel, hereby consent and stipu-

7

late to the entry of this Order, and the Court concludes that good cause has been

8

shown for the entry thereof:

9
10
11

1.

Bank Melli’s motion to set aside the default (Doc. No. 104) is hereby

GRANTED. The Clerk’s entry of default (Doc. No. 79) is hereby VACATED.
2.

The vacating of the Clerk’s entry of default does not constitute a con-

12

sent or agreement to any of the arguments or defenses raised by Bank

13

Melli opposing the right of the Bennett Plaintiffs, the Greenbaum/Acosta Judgment

14

Creditors, and the Heiser Judgment Creditors to a turnover of the assets deposited

15

into the Court’s registry by Visa and Franklin.

16

3.

Bank Melli hereby waives its objections to service of the summons

17

and third-party complaint (Doc. Nos. 16, 45), reserving all other jurisdictional,

18

immunity, and other defenses and objections.

19

4.

The Stipulation with Proposed Order Awarding Turnover of Blocked

20

Assets, Discharge of Stakeholders and Entry of Final Judgment (Doc. No. 95) and

21

Bank Melli’s Motion to Stay Distribution (Doc. No. 98) are hereby WITH-

22

DRAWN without prejudice.

23
24
25
26
27
28
2
STIPULATION AND [PROPOSED] ORDER

1
2

5.

Bank Melli shall move against or answer the Third-Party Complaint

within 30 days of the entry of this Order.

3

PURSUANT TO STIPULATION, IT IS SO ORDERED.

8

San Francisco, California

S

July 5, 2012

UNIT
ED

7

Dated:

RT
U
O

6

S DISTRICT
TE
C
TA

The Honorable Charles R. Breyer
D
RDERE
IS SO O
IT

9

NO
ER

12

A

H

11

LI

RT

10

yer

s R. Bre

harle
Judge C

R NIA

5

FO

4

N

F
D IS T IC T O
R

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
STIPULATION AND [PROPOSED] ORDER

C