Stansell et al v. Revolutionary Armed forces of Colombia (FARC) et al

Filing 534

ORDER denying without prejudice to renewal 506 Motion to Dismiss; denying without prejudice to renewal 506 Motion to Vacate 506 MOTION to Dismiss Interpleader Complaint with Prejudice and. MOTION to Vacate Ex Parte Orders Granting Writs of Execution for Lack of Jurisdiction, 529 MOTION to Dismiss Notice of Ministerio Del Poder Popular de Economia Y Finanzas's Renewed and Updated Motion to Dismiss Interpleader Complaint with Prejudice and to Vacate Ex Parte Orders Granting Writs of Execution for Lack of Jurisdiction; denying without prejudice to renewal 529 Motion to Dismiss. Application GRANTED. In a letter filed August 1, 2023, the Stansell and Pescatore Plaintiffs state they do not object to the reque st for a stay, provided it is limited to the scope described in Caballero's request. This case is STAYED with respect to Caballero's collection efforts against the Venezuelan Ministry of Finance pending decision in Havlish, et al. v. Feder al Reserve Bank of N.Y., No. 23-258 (2d Cir. Feb. 28, 2023). The Venezuelan Ministry of Finance's motion to dismiss is DENIED without prejudice to renewal, following a decision in Havlish. Within seven days of any decision in Havlish, Caballer o shall file a letter proposing next steps with respect to the Venezuelan Ministry of Finance's motion to dismiss. So Ordered. The Clerk of Court is respectfully directed to close the motions at Dkt. Nos. 506 and 529 in 16 Misc. 405 and Dkt. Nos. 159 and 166 in 18 Misc. 545. (Signed by Judge Lorna G. Schofield on 8/2/2023) (mml) Modified on 8/2/2023 (mml).

Case 1:16-mc-00405-LGS-SN Document 534 Filed 08/02/23 Page 1 of 2
Application GRANTED. In a letter filed August 1, 2023, the Stansell and Pescatore
Plaintiffs state they do not object to the request for a stay, provided it is limited to
the scope described in Caballero's request. This case is STAYED with respect to
Caballero's collection efforts against the Venezuelan Ministry of Finance pending
decision in Havlish, et al. v. Federal Reserve Bank of N.Y., No. 23-258 (2d Cir. Feb.
28, 2023). The Venezuelan Ministry of Finance's motion to dismiss is DENIED
without prejudice to renewal, following a decision in Havlish. Within seven days of
any decision in Havlish, Caballero shall file a letter proposing next steps with
respect to the Venezuelan Ministry of Finance's motion to dismiss. So Ordered.

312 Minorca Avenue | Coral
Gables, FL 33134 Ph:

[phone] | Fax:
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www.zplaw.com

Honorable Lorna G. Schofield
The Clerk of Court is respectfully directed to close the motions at Dkt. Nos.
United States District Court
506 and 529 in 16 Misc. 405 and Dkt. Nos. 159 and 166 in 18 Misc. 545.
Southern District of New York
40 Foley Square
Dated: August 2, 2023
New York, NY 10007
New York, New York
Re:

Stansell et al. v. Revolutionary Armed Forces of Colombia (“FARC”) et al.
Case No. 16-mc-405-LGS-SN
Pescatore et al. v. Pineda et al. Case No. 18-mc-545-LGS-SN

Dear Judge Schofield:
We represent Antonio Caballero, a party in this TRIA collection action, and write this letter
after consulting with, and receiving the approval of, counsel for garnishee Citibank, N.A. and thirdparty Ministerio del Poder Popular de Economia y Finanzas (“Venezuelan Ministry of Finance”).
For the reasons set forth below, Caballero, Citibank, N.A., and the Venezuelan Ministry of Finance
request that this Court stay this action as to Caballero’s collection efforts against the Venezuelan
Ministry of Finance pending the Second Circuit’s ruling in Havlish et al. v. Federal Reserve Bank
of New York, Garnishee, The Taliban et al. (consolidated under Case No. 23-258, Second Circuit).
By way of background, Caballero, like the Stansell and Pescatore plaintiffs, obtained writs
of execution upon Citibank, N.A. (the “Bank”) in this Court. The Bank has filed an interpleader
complaint (Stansell, No. 16-mc-405, Dkt. No. 280) that joined the Venezuelan Ministry of Finance,
as well as the Stansell, Pescatore, and Caballero plaintiffs. This letter only addresses the
proceedings as to the Venezuelan Ministry of Finance. At this point in the proceeding, Caballero
is the only plaintiff with a writ directed to the Venezuelan Ministry of Finance accounts at the
Bank, because the Stansell and Pescatore plaintiffs previously moved to dismiss their writs as to
the Venezuelan Ministry of Finance. Caballero had previously obtained his writ in a separate action
filed in this Court (Caballero v. Fuerzas Armadas Revolucionarias de Colombia, et al., Case No.
20-mc-00249-PAC (S.D.N.Y. 2020)).1
Currently pending before this Court is the Venezuelan Ministry of Finance’s Renewed and
Updated Motion to Dismiss Interpleader Complaint with Prejudice and to Vacate Ex Parte Orders
1

Caballero also previously obtained a writ of execution directed at the Venezuelan Ministry of
Finance in the Western District of New York (Caballero v. Fuerzas Armadas Revolucionarias de
Colombia, et al., Case No. 20-mc-00040-LJV (W.D.N.Y. 2020)). That writ was recently dismissed
without prejudice pending the Second Circuit’s ruling in the Havlish case.
Zumpano Patricios Offices:

MIAMI | NEW YORK CITY (MANHATTAN) | NEW YORK CITY (QUEENS)
SALT LAKE CITY | CHICAGO | LAS VEGAS

Case 1:16-mc-00405-LGS-SN Document 534 Filed 08/02/23 Page 2 of 2

Granting Writs of Execution for Lack of Jurisdiction (Stansell ECF Nos. 528, 529, 530) (Pescatore
ECF Nos. 166, 167) (the “Motion to Dismiss”). The Motion to Dismiss is based, in part, on
Magistrate Judge Netburn’s Report and Recommendation, adopted by Judge Daniels, regarding
the application of TRIA to an agency or instrumentality of a sovereign nation when the nation is
not itself a terrorist party. See In re: Terrorist Attacks on September 11, 2001, No. 01-cv-10132,
2023 WL 2138691 (S.D.N.Y. Feb. 21, 2023). As noted above, there is currently an appeal pending
before the Second Circuit regarding the central issue raised by the Venezuelan Ministry of Finance
before this Court.
Caballero, the Bank, and the Venezuelan Ministry of Finance believe it would be a more
efficient use of judicial resources to have the Second Circuit’s decision on the application of TRIA
to an agency or instrumentality of a sovereign nation when the nation is not itself a terrorist party.
As such, they request that this Court stay this case as to Caballero’s collection efforts against the
Venezuelan Ministry of Finance and abate briefing on the Venezuelan Ministry of Finance’s
Motion to Dismiss until the Second Circuit’s decision becomes final.
Respectfully submitted,
/s/ Leon N. Patricios
Joseph I. Zumpano
Fla. Bar. No. 0056091
[e-mail]
Leon N. Patricios
Fla. Bar No. 0012777
[e-mail]
ZUMPANO PATRICIOS, P.A.
312 Minorca Ave.
Coral Gables, FL 33134
Tel: [phone]
Attorneys for Plaintiff Antonio Caballero
cc: Counsel of Record via ECF