Levin et al v. Bank of New York et al

Filing 1324

ORDER DIRECTING THE CLERK TO ISSUE WRIT OF EXECUTION IN SATISFACTION OF 28 U.S.C. 1610(c): IT IS ORDERED that, in accordance with 28 U.S.C. 1610(c), the Court directs the Clerk of the Court to issue a Writ of Execution with respect to the Property for the Judgment registered by the Levins in this Court; and IT IS FURTHER ORDERED that the Clerk of this Court is authorized and directed to issue such further writs in aid of execution as warranted under, and in accordance with Rule 69 of the Federal Rules of Civil Procedure consistent with this Order. So Ordered (Signed by Judge J. Paul Oetken on 9/15/2020) (js) Transmission to Orders and Judgments Clerk for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
MR. JEREMY LEVIN, DR. LUCILLE
LEVIN, and SUZELLE M. SMITH,
TRUSTEE OF THE JEREMY ISADORE
LEVIN 2012 REVOCABLE TRUST, AS
AMENDED,
Plaintiffs,
-v-

Case No. 1:09-cv-05900-JPO-RLE
M18-302
ORDER DIRECTING THE CLERK
TO ISSUE WRIT OF EXECUTION
IN SATISFACTION OF 28 U.S.C.
§ 1610(c)

ISLAMIC REPUBLIC OF IRAN;
IRANIAN MINISTRY OF
INFORMATION AND SECURITY; and
IRANIAN ISLAMIC
REVOLUTIONARY GUARD CORPS,
Defendants.
Upon consideration of the Petitioners’ Motion and Application pursuant to 28
U.S.C. § 1610 for an Order finding that a reasonable period of time has elapsed and
directing the Clerk to issue a Writ of Execution to enforce judgments entered in
favor of the Levins in the underlying matter in United States District Court for the
District of Columbia and duly registered in this Court against property of the Islamic
Republic of Iran, the Iranian Ministry of Information and Security, and the Iranian
Islamic Revolutionary Guard Corps (“Iranian Judgment Debtors”) and their agencies
and instrumentalities, including but not limited to, assets, namely $9,998,941.91
associated with the petroleum tanker Nautic (a/k/a Gulf Sky), with International
Maritime Organization (“IMO”) number 9150377, held by Wells Fargo Bank, N.A.
(“Wells Fargo”), who maintains branches in this District, the supporting
Memorandum of Law dated August 11, 2020, and the accompanying Declaration of

Suzelle Smith dated August 11, 2020 (“Smith Decl.”); the Court makes the
following findings:
1.

On February 6, 2008, the United States District Court for the District of
Columbia entered judgments in the combined amount of $28,807,719.00
against the Iranian Judgment Debtors in favor of Dr. Lucille Levin and the
late Jeremy Levin in an action brought under 28 U.S.C. § 1605(a)(7). Levin
v. Islamic Republic of Iran, 529 F. Supp. 2d 1, 5-13 (D.D.C. 2007). Pursuant
to 28 U.S.C. § 1961, the Levins are also entitled to post judgment interest.

2.

The Levins gave notice of the entry of judgment to Iranian Judgment
Debtors through court and diplomatic channels on October 14, 2008,
pursuant to the Foreign Sovereign Immunities Act (“FSIA”), 28 U.S.C.
§1608(e). See Exhibit A to Smith Decl., Letter from William P. Fritzlen to
Nancy Mayer-Whittington, dated January 16, 2009.

3.

On April 20, 2009, the Levins registered their judgment in this Court,
Judgment Number 09,0732, Docket Number M 18-302. See Exhibit B to
Smith Decl. at Attachment A, Certification of Judgment for Registration in
Another District, Levin v. Islamic Republic of Iran, Judgment No. 09,0732;
Docket No. Ml8-302 (S.D.N.Y. Apr. 20, 2009). The Levins obtained a
renewal of their Judgment from the SDNY Court on January 3, 2019. See
Exhibit B to Smith Decl., Renewal of Judgment In A Civil Action, Levin v.
Islamic Republic of Iran, Case No. 18-cv-11576 (S.D.N.Y. Jan. 3, 2019).

4.

On July 2, 2012, Jeremy Levin assigned and transferred all of his rights
and/or interests in his judgment to the Jeremy Isadore Levin 2012 Revocable

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Trust. Dkt. 1298 ¶ 5.
5.

Petitioners’ judgments have remained partially unsatisfied and they have just
recently identified assets belonging to the Iranian Judgment Debtors and
their agencies and instrumentalities (“the Property”), including but not
limited to assets held by Wells Fargo. See Exhibit C to Smith Decl.

6.

Over twelve (12) years have passed between the entry of judgment against the
Iranian Judgment Debtors and the giving of notice to the Iranian Judgment
Debtors under 28 U.S.C. § 1608(e) and the registration of Petitioners’
judgment in this District, which the Court finds is a reasonable time period
before the issuance of a writ of execution under 28 U.S.C. § 1610(c);
therefore:
IT IS ORDERED that, in accordance with 28 U.S.C. § 1610(c), the Court

directs the Clerk of the Court to issue a Writ of Execution with respect to the
Property for the Judgment registered by the Levins in this Court; and
IT IS FURTHER ORDERED that the Clerk of this Court is authorized and
directed to issue such further writs in aid of execution as warranted under, and in
accordance with Rule 69 of the Federal Rules of Civil Procedure consistent with this
Order.
IT IS SO ORDERED.
September 15, 2020
Dated: __________________
New York, New York

____________________________________
JUDGE OF THE UNITED STATES
DISTRICT COURT, SOUTHERN
DISTRICT OF NEW YORK

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