Case Details

CourtSouthern District of New York
Docket number1:03-cv-03256
Date case filed2003-05-08
Date case closed2008-03-18
Date of latest filing
Assigned toJudge Jed S. Rakoff
Case cause28:1441 Notice of Removal
Nature of suit890 Other Statutory Actions
Jury demandNone
Demand
JurisdictionFederal Question

Case Parties

Party: The City of New York
Party type: Plaintiff
Attorney name: John Rudolf Low-Beer
Attorney Contact:
New York City Law Depart. Office of the Corporation Counsel
100 Church Street
New York, NY 10007
212 788-1007
Fax: 212 788-1633
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Michael A. Cardozo
Attorney Contact:
Corporation Counsel Office City of New York
100 Church Street
New York, NY 10007
(212) 788-0516
Fax: (212) 788-8919
Email: [email protected]
LEAD ATTORNEY
Party: The Permanent Mission of India to The United Nations
Party type: Defendant
Attorney name: John J. P. Howley
Attorney Contact:
United States Attorney's Office
Southern District of New York
One St. Andrew's Plaza
New York, NY 10007
(212) 836-8000
Fax: (212) 836- 8689
Email: [email protected]
LEAD ATTORNEY

Attorney name: Robert A. Kandel
Attorney Contact:
Kaye, Scholer, L.L.P.
425 Park Avenue
New York, NY 10022
(212) 836-8000
LEAD ATTORNEY

Attorney name: Robert A. Kandel
Attorney Contact:
(See above for address)
LEAD ATTORNEY

Attorney name: Robert Negron Jr.
Attorney Contact:
Salans FMC SNR Denton Europe LLP
Rockefeller Center 620 Fifth Avenue
New York, NY 10020
(212) 632-3929
Fax: (212)307-3372
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Great America Leasing Corporation
Party type: Defendant
Party: "Jane Doe #1" through "Jane Doe #20"
Party type: Defendant
the names of the last 20 defendants being unknown to the plaintiff, the persons or parties intended to be, persons or corporations, if any, having or claiming an interest in or lien upon the property described in the complaint.

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12003-05-08 NOTICE OF REMOVAL from Supreme State Court, County of New York. State Court Case # 401201-03. FILING FEE $ 150.00 RECEIPT # 472930. (jjm) (Entered: 05/12/2003)
22003-05-09 AFFIDAVIT OF SERVICE of Notice of Removal as to The City of New York by Madelyn Santana on 5/8/03 . Answer due on 5/28/03 for The City of New York . (sb) (Entered: 05/14/2003)
32003-07-23 Notice of Case reassignment to Judge Richard C. Casey . Copy of notice and judge's rules mailed to Attorney(s) of record: John J.P. Howley, Robert A. Kandel, Michael A. Cardozo . (gf) (Entered: 07/31/2003)
42003-08-21 AFFIDAVIT OF SERVICE of Notice of Reassignment as to The City of New York by Rachel Brogdon on 8/11/03 . . (sb) (Entered: 08/25/2003)
52003-08-29 STIPULATION and ORDER, reset answer due for 10/1/03 for Permanent Mission . ( signed by Judge Richard C. Casey ) (kw) (Entered: 09/02/2003)
62003-09-17 RULE 7.1 CERTIFICATE filed by Permanent Mission. (jco) (Entered: 09/22/2003)
72003-09-17 ANSWER to Complaint by Permanent Mission (Attorney Robert A. Kandel, John J.P. Howley Firm: Kaye, Scholer, LLP). (jco) (Entered: 09/22/2003)
82003-09-17 PROOF OF SERVICE of Summons, Complaint and Notice of Suit as to Permanent Mission by Embassy of the U.S. on 7/31/03. Answer due on 8/20/03 for Permanent Mission. (sb) (Entered: 09/24/2003)
92003-10-10 ORDER, plaintiff is entitled to only limited discovery on the issue of whether jurisdiction exists over defendant. No additional discovery is permitted at this time. An appropriate case management plan accompanies this Order . ( signed by Judge Richard C. Casey ); (kw) (Entered: 10/15/2003)
102003-10-10 Case Management Plan: India shall serve it motion to dismiss no later than 10/31/03; the City shall serve opposition papers by 12/15/03; India shall serve reply papers by 1/15/04. All motion papers shall be filed with the Court when served on opposing counsel. All discovery, including expert deposition, shall be completed within 45 days of the last date to serve expert reports. (See document for further related discovery schedule). the parties do not consent to trial by a Magistrate Judge. ( signed by Judge Richard C. Casey ); (kw) (Entered: 10/15/2003)
112003-10-31 NOTICE OF MOTION by Permanent Mission for an order dismissing complaint purs to Rule 12(b)(1) of the FRCP ; Return Date not indicated; (djc) (Entered: 11/04/2003)
122003-10-31 MEMORANDUM OF LAW by Permanent Mission in support of [11-1] motion for an order dismissing complaint purs to Rule 12(b)(1) of the FRCP . (djc) (Entered: 11/04/2003)
132003-12-08 ORDER re: 11 Motion to Dismiss filed by The Permanent Mission of India to The United Nations; the time for pltff to to serve opposition papers to said motion is extended to 12/22/2003, and the time for deft to serve its reply papers, if any, is extended to 1/22/2004. (Signed by Judge Richard C. Casey on 12/8/3) (Pecorino, Joseph) (Entered: 12/19/2003)
142003-12-19 ORDER, that upon consent, plaintiff's request for leave to amend its complaint is granted. Defendant may renew its motion to dismiss by 1/7/04; Plaintiff's request for a second extension to respond to the pending motion is therefore moot. As defendant has requested, the Court hereby refers this case to Judge Frank Maas to resolve any remaining discovery disputes. (Signed by Judge Richard C. Casey on 12/18/03) (tp, ) (Entered: 01/07/2004)
152003-12-29 AMENDED COMPLAINT FOR FORECLOSURE of TAX LIENS against "Jane Doe #1" through "Jane Doe #20", Great America Leasing Corporation, The Permanent Mission of India to The United Nations.Document filed by The City of New York.(sb, ) (Entered: 01/07/2004)
162003-12-30 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific non dispositive motion/dispute. Referred to Magistrate Judge Frank Maas. (Signed by Judge Richard C. Casey on 12/18/03) (dg, ) (Entered: 01/08/2004)
172004-01-05 STIPULATION AND ORDER Regarding Confidentiality of Discovery Materials.Whereas the information of a confidential or hihgly confidential nature concerning the parites may be disclosed in the course of discovery in this case.The parties agree that any violation of its terms shall be subject to the same sanctions and penalties as if this order had been entered by the Court. (Signed by Judge Richard C. Casey on 12/30/2004) (jsa, ) Modified on 1/14/2004 (jsa, ). Modified on 1/14/2004 (jsa, ). (Entered: 01/14/2004)
182004-01-16 MOTION (FILED ON SERVICE DATE) to Dismiss the Amended Complt with attached Affdvt of Ruchira Kamboj in Support. (Accepted for Filing by RCC) Document filed by The Permanent Mission of India to The United Nations. (pa, ) (Entered: 01/28/2004)
192004-01-20 MEMORANDUM OF LAW in Support re: 18 MOTION (FILED ON SERVICE DATE) to Dismiss.. Document filed by The Permanent Mission of India to The United Nations. (pa, ) (Entered: 01/28/2004)
202004-02-20 ORDER, that a discovery conference shall be held on 3/5/04, at 10:00 a.m., in Courtroom 11C, 500 Pearl Street, New York, NY 10007. (Signed by Judge Frank Maas on 2/18/04) Copies Sent By Chambers.(tp, ) (Entered: 02/23/2004)
212004-05-17 ORDER this Order disposes of the motion listed at Numbers 11 and 18 of the Clerk's docket for this case. So Ordered. (Signed by Judge Richard C. Casey on 5/14/04) (jco, ) (Entered: 05/18/2004)
222004-07-16 ENDORSED LETTER addressed to Magistrate Judge Maas from John J.P. Howley dated 7/14/2004 re: In light of this letter, the reference is closed and counsel are directed to contact Judge Casey to determine the schedule for further briefing of the motion to dismiss. So ordered. (Signed by Judge Frank Maas on 7/16/2004) (jsa, ) Modified on 7/19/2004 (jsa, ). (Entered: 07/19/2004)
232004-11-23 MEMORANDUM DECISON, the Court's order dated 7/16/04 was prematurely entered and is therefore vacated. Additinally, the defts are directed to provide the additional discovery required by this Memorandum Decision within 20 days. To the extent that the defts have provided (or I have permitted) further discovery, the defts are directed to serve amended responses to the City's first set of interrogatories and document requests within that time period. In particular, if there are no documents responsive to a particular request, the defts are directed to make that representation in thier response. (Signed by Judge Frank Maas on 11/22/04) copies sent by chambers(cd, ) (Entered: 11/24/2004)
242005-01-10 STIPULATION AND CASE MANAGEMENT PLAN; that India shall serve its motion to dismiss no later than 1/10/05; City shall serve opposition papers, if any, by 2/7/05; India shall serve reply papers, if any, and shall file the fully briefed motion with the Court no later than 2/17/05; both parties request oral argument with respect to dfts' renewed motion to dismiss. (Signed by Judge Richard C. Casey on 1/3/05) (pl, ) (Entered: 01/18/2005)
252005-02-07 ENDORSED LETTER addressed to Judge Richard C. Casey from John R. Low-Beer dated 2/2/05 re: counsel for plaintiff requests leave to file a memorandum in opposition to defendants motion to dismiss that will be thirty (30) pages in length. Application GRANTED. (Signed by Judge Richard C. Casey on 2/4/05) (db, ) (Entered: 02/14/2005)
262005-03-03 MOTION (FILED ON SERVICE DATE) to Dismiss the Amended Complaint in this Action. Document filed by The Permanent Mission of India to The United Nations. (jmi, ) (Entered: 03/09/2005)
272005-03-03 INDIA'S MEMORANDUM OF LAW in Support re: 26 MOTION (FILED ON SERVICE DATE) to Dismiss. Document filed by The Permanent Mission of India to The United Nations. (jmi, ) (Entered: 03/09/2005)
282005-03-03 AFFIRMATION of Robert Negron, JR. in Support re: 26 MOTION (FILED ON SERVICE DATE) to Dismiss.. Document filed by The Permanent Mission of India to The United Nations. (jmi, ) (Entered: 03/09/2005)
292005-03-03 PLAINTIFF'S MEMORANDUM OF LAW in Opposition re: 26 MOTION (FILED ON SERVICE DATE) to Dismiss.. Document filed by The City of New York. (jmi, ) (Entered: 03/09/2005)
302005-03-03 DECLARATION of John R. Low-Beer in Opposition to Defendant's re: 26 MOTION (FILED ON SERVICE DATE) to Dismiss.. Document filed by The City of New York. (jmi, ) (Entered: 03/09/2005)
312005-03-03 INDIA'S REPLY MEMORANDUM OF LAW in Support of its re: 26 MOTION (FILED ON SERVICE DATE) to Dismiss.. Document filed by The Permanent Mission of India to The United Nations. (jmi, ) (Entered: 03/09/2005)
322005-03-14 ENDORSED LETTER addressed to Judge Richard Conway Casey from John R. Low-Beer dated 3/7/05 re: the Court will hear oral argument on these motions on 4/26 @11:00 a.m. in room 14C. (Signed by Judge Richard C. Casey on 3/14/05) (pl, ) (Entered: 03/16/2005)
332005-05-24 TRANSCRIPT of proceedings held on 04/26/05 before Judge Richard C. Casey. (es, ) (Entered: 05/24/2005)
342005-07-07 ORDER denying 26 Motion to Dismiss. The international practice that the immovable-property exception codifies and the legislative history of the FSIA demonstrates that defendants are not entitled to immunity from these claims because the tax liens place their and the City's rights in the Mission properties in issue. Accordingly, the Court may exercise jurisdiction under the FSIA to adjudicate the validity of those liens. It is worth emphasizing that this conclusion is not meant to have any impact on the separate question of whether the properties are immune from taxation. The premises may or may not be exempt from taxation; the Court merely holds today that it is empowered to make that determination. Defendants' motions to dismiss for lack of subject matter jurisdiction are therefore denied (Signed by Judge Richard C. Casey on 7/6/05) (yv, ) Additional attachment(s) added on 7/28/2005 (rag, ). (Entered: 07/08/2005)
352005-07-29 ANSWER to Amended Complaint. Document filed by The Permanent Mission of India to The United Nations. Related document: 15 Amended Complaint filed by The City of New York. Received in night deposit box on 7/29/05 at 5:38 p.m.(db, ) (Entered: 08/02/2005)
362005-08-03 STIPULATION AND ORDER; defendants' time to answer or move against the Amended Complaint is extended through and including 7/29/05. (Signed by Judge Richard C. Casey on 8/3/05) (sac, ) (Entered: 08/05/2005)
372005-08-05 NOTICE OF INTERLOCUTORY APPEAL from 34 Order on Motion to Dismiss,,,. Document filed by The Permanent Mission of India to The United Nations. Filing fee $ 255.00, receipt number 551858. Copies of Notice of Interlocutory Appeal mailed to Attorney(s) of Record: NYC Law Department. (nd, ) (Entered: 08/05/2005)
382005-10-05 Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for 37 Notice of Interlocutory Appeal, filed by The Permanent Mission of India to The United Nations, USCA Case Number 05-4260, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (nd, ) Additional attachment(s) added on 3/20/2007 (Thomas, Dave). (Entered: 10/05/2005)
392005-10-17 NOTICE of Additional Counsel Appearance by John Rudolf Low-Beer on behalf of The City of New York (djc, ) (Entered: 10/17/2005)
402007-02-16 Appeal Record Sent to Supreme Court of the United States (Index). Notice that the Original index to the record on Appeal for 37 Notice of Interlocutory Appeal, filed by The Permanent Mission of India to The United Nations, USCA Case Number 05-4260-cv; Supreme Court of the United States Case Number 06-0134, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the Supreme Court of the United States. (tp) Additional attachment(s) added on 3/20/2007 (Thomas, Dave). (Entered: 02/16/2007)
412007-05-17 ORDER This case was assigned to Judge Richard Conway Casey, who passed away on 3/22/07. The case will be reassigned to a new judge in the near future. You will be notified of the reassignment on ECF (for ECF cases) or in a form to be mailed to you (for non-ECF cases). The parties in this case are ordered to review the attorney/party information on the docket sheet and determine whether the information presently listed is incorrect. If an error exists, the affected party must submit updated contact information no later than 5/30/07. Parties should take care to remove the contact information for attorneys no longer involved in the case and to enter appearances for any current attorneys who are not listed. The parties are also ordered to submit a joint summary of the case no later 5/30/07. The Summary should be sent to Judge Caseys Chambers Attn: Law Clerks and will be provided to the new judge upon reassignment of the case. The Summary should be a bare statement of the case with any relevant procedural history. This includes, but is not limited to, the subject matter of the litigation, whether discovery is complete, whether the case is or has been before a magistrate judge, whether there are any motions or applications pending, and the subject matter of the pending motions or applications, if any. Be sure to indicate whether the parties have entered into a case management plan and list the relevant dates. The Summary is not a vehicle for arguing the merits of disputed issues and should be brief. If the defendant in this case has not yet appeared, the plaintiff should indicate this fact and need not make a joint submission. Parties in cases involving an incarcerated pro se litigant need not make a joint submission. Should matters arise prior to the reassignment, parties are directed to review the previously issued Notice to Parties with Pending Civil Cases Before Judge Casey, available at www.nysd.uscourts.gov and follow the directions therein. (Signed by Judge Kimba M. Wood on 05/16/2007) (mj) (Entered: 05/24/2007)
422007-05-21 NOTICE OF CASE REASSIGNMENT to Judge Jed S. Rakoff. Judge Richard C. Casey is no longer assigned to the case. (jeh) (Entered: 05/30/2007)
432007-08-24 MANDATE of USCA (Certified Copy) as to 37 Notice of Interlocutory Appeal, filed by The Permanent Mission of India to The United Nations USCA Case Number 05-4260-cv(L), 05-4263(CON). It is Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED and REMANDED for further proceedings in accordance with the opinion of this court. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 8/22/07. (tp) (Entered: 08/24/2007)
442007-09-13 MOTION for an order granting plaintiff Summary Judgment and to enter Judgment for the City in the amount of tax outstanding as of date of Judgment. Document filed by The City of New York.Return Date set for 11/5/2007 at 09:00 AM.(pl) (Entered: 09/14/2007)
452007-09-13 MEMORANDUM OF LAW in Support re: 44 MOTION for Summary Judgment. MOTION for Judgment.. Document filed by The City of New York. (pl) (Entered: 09/14/2007)
462007-09-13 RULE 56.1 STATEMENT. Document filed by The City of New York. (pl) (Entered: 09/14/2007)
472007-10-19 CROSS MOTION for Summary Judgment dismissing complaint.Document filed by The Permanent Mission of India to The United Nations.(djc) (Entered: 10/24/2007)
482007-10-19 RULE 56.1 COUNTERSTATEMENT. Document filed by The Permanent Mission of India to The United Nations. (djc) (Entered: 10/24/2007)
492007-10-19 MEMORANDUM OF LAW in Opposition re: 44 MOTION for Summary Judgment. MOTION for Judgment, and in support of 47 MOTION for Summary Judgment. Document filed by The Permanent Mission of India to The United Nations. (djc) (Entered: 10/24/2007)
502007-10-29 MEMORANDUM OF LAW in Further Support re: 44 MOTION for Summary Judgment. MOTION for Judgment; and in opposition to 47 MOTION for Summary Judgment. Document filed by The City of New York. (djc) (Entered: 10/31/2007)
512007-10-29 DECLARATION of John R. Low-Beer purs to FRCP 56(f). Document filed by The City of New York. (djc) (Entered: 10/31/2007)
522007-10-29 PLAINTIFF'S COUNTER-STATEMENT PURSUANT TO LOCAL RULE 56.1. Document filed by The City of New York. (djc) (Entered: 10/31/2007)
532008-01-18 TRANSCRIPT of proceedings held on 11/13/07 before Judge Jed S. Rakoff. (es) (Entered: 01/18/2008)
542008-01-24 TRANSCRIPT of proceedings held on 11/13/07 @ 11:10AM before Judge Jed S. Rakoff. (RELATED TO 03cv6086)(pr) (Entered: 01/24/2008)
552008-02-11 OPINION AND ORDER #95698: For the foregoing reasons, the Court grants summary judgment to the Philippines dismissing the City's claims for taxes premised on the portion of the the premises occupied by the restaurant Maharlika, and dismiss the corresponding City motion. In all other respects, however, the Court grants the City's motions for summary judgment validating the liens and assessing taxes against the Philippines, India, and Mongolia, and dismisses the defendants corresponding motions. Counsel for the City should submit to the Court by no later than February 13, 2008 a letter setting forth the amounts due to the City as a result of these rulings, including the specification of any interest due through February 21, 2008. defendants should submit to the Court by no later than February 19, 2008, a letter specifying any objections to the calculations. The Court will then enter final judgment on February 21, 2008. So Ordered. (Signed by Judge Jed S. Rakoff on 2/8/08) (js) (Entered: 02/11/2008)
562008-02-26 LETTER addressed to Judge Rakoff from John R. Low-Beer dated 2/15/08 re: in accordance with the Court's Opinion and Order, dated February 8, 2008, and a conference call with the Court on February 11, 2008, the City below sets forth the amounts due to the City from each of the defendants through February 25, 2008. Document filed by The City of New York.(djc) (Entered: 02/28/2008)
572008-02-26 LETTER addressed to Judge Rakoff from Robert A. Kandel dated 2/21/08 re: counsel writes on behalf of defendants in response to the City of New York's letter of February 15, 2008 and in accordance with both the Court's Opinion and Order, dated February 8, 2008 and the telephone conference with the court on February 11, 2008. Defendants reserve all rights of appeal...; Document filed by The Permanent Mission of India to The United Nations.(djc) (Entered: 02/28/2008)
582008-03-18 JUDGMENT #08,0440 in favor of The City of New York against "Jane Doe #1" through "Jane Doe #20", Great America Leasing Corporation, The Permanent Mission of India to The United Nations in the amount of $ 42,451,769.35. (Signed by Judge Jed S. Rakoff on 3/17/08) (jf) (Additional attachment(s) added on 3/20/2008: # 1 notice of right to appeal) (jf). (Entered: 03/20/2008)
592008-03-25 LETTER addressed to Judge Jed S. Rakoff from John Low-Beer dated 3/4/08 re: Robert Kandel letter dated 2/21/08. Document filed by The City of New York.(cd) (Entered: 03/25/2008)
602008-03-25 LETTER addressed to Judge Jed S. Rakoff from Robert Kandel dated 3/10/08 re: City of NY's letter of 3/4/08. Document filed by The Permanent Mission of India to The United Nations.(cd) (Entered: 03/25/2008)
612008-04-11 NOTICE OF APPEAL from 58 Judgment, 55 Memorandum & Opinion. Document filed by The Permanent Mission of India to The United Nations. Filing fee $ 455.00, receipt number E 647405. Copies mailed to attorney(s) of record: Corporation Counsel. (tp) (Entered: 04/11/2008)
622008-06-18 Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for 61 Notice of Appeal, filed by The Permanent Mission of India to The United Nations USCA Case Number 08-1805, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (tp) (nd). (Entered: 06/19/2008)
632008-06-25 STIPULATION It is hereby stipulated and agreed by and between the parties through their undersigned counsel that, pursuant to Rule 10(e)(2) of the Federal Rules of Appellate Procedure, the record in the above captioned case is amended to include the documents set forth on this order that were omitted from the record. (Signed by Judge Jed S. Rakoff on 6/25/08) (mme) (Entered: 06/25/2008)
642008-07-01 First Supplemental ROA Sent to USCA (Index). Notice that the Supplemental Index to the record on Appeal for 61 Notice of Appeal, filed by The Permanent Mission of India to The United Nations USCA Case Number 08-1805, 3 Copies of the index, Certified Supplemental Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (tp) (nd). (Entered: 07/02/2008)
652010-08-20 TRUE COPY ORDER of USCA as to 61 Notice of Appeal, filed by The Permanent Mission of India to The United Nations USCA Case Number 08-1805-cv, 08-1806-cv. Ordered, Adjudged and Decreed that the opinion of the District Court is VACATED. The judgment of the District Court is REVERSED, and the case is REMANDED to the District Court with instructions to DISMISS the actions brought against the Missions in accordance with the opinion of this Court. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 08/20/2010. (nd) (Entered: 08/20/2010)
662010-10-27 MANDATE of USCA (Certified Copy) as to 61 Notice of Appeal, filed by The Permanent Mission of India to The United Nations. USCA Case Number 08-1805-cv, 08-1806-cv. Ordered, Adjudged and Decreed that the opinion of the District Court is VACATED. The judgment of the District Court is REVERSED, and the case is REMANDED to the District Court with instructions to DISMISS the actions brought against the Missions in accordance with the opinion of this Court. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 10/27/2010. (nd) (Entered: 10/27/2010)
672011-08-01 JUDGMENT that this action is dismissed and that judgment is entered in favor of defendant. (Signed by Judge Jed S. Rakoff on 7/29/11) (Attachments: # 1 notice of right to appeal)(ml) (Entered: 08/01/2011)