Estate of Daniel L. Maher v. Republic of the Sudan

CourtDistrict Court, S.D. New York
DecidedApril 7, 2023
Docket1:23-cv-02846
StatusUnknown

This text of Estate of Daniel L. Maher v. Republic of the Sudan (Estate of Daniel L. Maher v. Republic of the Sudan) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Estate of Daniel L. Maher v. Republic of the Sudan, (S.D.N.Y. 2023).

Opinion

‘USDC SDNY DOCUMENT UNITED STATES DISTRICT COURT ELECTRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK | DOC #: a □ ann X | DATE FILED: 4/4/2023 bL__—_——_———— In re: 03-MD-01570 (GBD)(SN) TERRORIST ATTACKS ON SEPTEMBER 11, 2001 ORDER

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SARAH NETBURN, United States Magistrate Judge: This document relates to: Ashton, et al. v. Al Qaeda Islamic Army, et al., No. 02-cv-06977 Bauer, et al. v. Al Qaeda Islamic Army, et al., No. 02-cv-07236 Ashton, et al. v. Kingdom of Saudi Arabia, No. 17-cv-02003 Ryan, et al. v. Islamic Republic of Iran, et al., No. 20-cv-00266 Before the Court is a motion to sever the claims of certain plaintiffs'—Katherine Maher, Daniel R. Maher, Joseph Maher, and the Estate of Daniel L. Maher (collectively, the “Maher Plaintiffs”)—from the consolidated cases in Ashton, et al. v. Al Qaeda Islamic Army, et al, No. 02-cv-06977 (“Ashton v. Al Qaeda”), Bauer, et al. v. Al Qaeda Islamic Army, et al., No. 02-cv- 07236 (“Bauer”), and Ashton, et al. v. Kingdom of Saudi Arabia, No. 17-cv-02003 (“Ashton v. KSA”), (collectively, “Ashton/Bauer”). ECF No. 8644.” The Maher Plaintiffs seek to prosecute their claims in new and existing cases. See ECF No. 8786. To that end, they request that the Court open three new cases and transfer certain docket entries from the Ashton/Bauer dockets to new and existing case dockets. See id.; ECF Nos. 8794, 8886.

' This motion was originally joined by other plaintiffs who have since changed counsel and retracted their request to sever and transfer their claims. See ECF Nos. 8836, 8845, 8898. The Court will issue a separate order addressing those plaintiffs. Unless otherwise noted, all ECF numbers refer to the main MDL docket, No. 03-md-01570.

The impetus for severing these claims was the Maher Plaintiffs’ 2019 change in representation from Baumeister & Samuels, P.C. to Wiggins Childs Pantazis Fisher Goldfarb LLC. See ECF Nos. 5165. The fallout from that decision—including disputes over charging liens and the status of various claims—led to several rounds of briefing and consumed three Court

hearings. See ECF Nos. 8703 (summarizing the procedural history through November 2022), 8913 (scheduling third conference). After discussion with current and former counsel, the Court determined that the most appropriate course of action was to first sever the Maher Plaintiffs’ claims from Ashton/Bauer nunc pro tunc to the date of the original purported severance and then transfer those claims into new cases. This will formalize the removal of the Maher Plaintiffs from the Ashton/Bauer action while preserving the status of their claims. It will not impact the status of the Maher Plaintiffs’ claims in Ryan, et al. v. Islamic Republic of Iran, et al., No. 20-cv-00266 (“Ryan”), or Grazioso, et al. v. Islamic Emirate of Afghanistan, et al., No. 22-cv-01188 (“Grazioso”), except to explicitly incorporate certain docket entries from the Ashton/Bauer cases into Ryan, as ordered

below. Counsel provided the Court a list of plaintiffs and defendants to be added to each new case and a list of Ashton/Bauer docket entries that apply to the Maher Plaintiffs’ claims. See ECF No. 8886. Although the Court cannot transfer all of these docket entries into the Maher Plaintiffs’ new cases, it incorporates them by reference. The Court will transfer complaints and amended complaints to the new cases, because without those docket entries, ECF will not permit a defendant to file an answer. The Court will also transfer docket events denoting entries of default to avoid confusion about the status of defaulting defendants. Among the docket entries that will be incorporated by reference are pending motions whose outcomes will bind the Maher Plaintiffs. To the extent possible, the Court will explicitly note the case names and docket numbers of the Maher Plaintiffs’ new cases in its decisions on these pending motions so it is clear that the decisions apply to the new cases. That said, the

Court’s decisions will apply to the Maher Plaintiffs’ claims even if they do not reference the new case names and docket numbers. CONCLUSION The Court ORDERS that all claims by the Maher Plaintiffs against all defendants are severed from Ashton/Bauer nunc pro tunc to January 9, 2020. The Maher Plaintiffs’ claims in Ryan and Grazioso will continue to be prosecuted in those cases and this order does not impact the status of those claims. The docket entries listed in Appendix A—as well as any other service events, defaults, discovery, filings, proceedings, and orders previously applicable to the Maher Plaintiffs claims in Ryan—are deemed incorporated into Ryan and are applicable to and binding upon the Maher Plaintiffs in Ryan.

The Court respectfully directs the Clerk of the Court to open three new cases to be styled Maher, et al. v. Kingdom of Saudi Arabia, et al., Maher, et al. v. Islamic Emirate of Afghanistan a/k/a The Taliban, et al., and Maher, et al. v. Republic of the Sudan. These three new cases shall be accepted into this multidistrict litigation case, In re Terrorist Attacks on September 11, 2001, No. 03-md-01570, assigned to Judge George B. Daniels, and referred to Judge Sarah Netburn in accordance with ECF No. 3418. Once these cases have been opened, the Clerk’s Office will contact counsel to arrange payment of the filing fees. The Maher Plaintiffs’ severed claims (other than those prosecuted in Ryan and Grazioso) are transferred into these three new cases as prescribed in Appendices B, C, and D. This order

shall be filed in each new case. The Clerk of the Court is respectfully directed to docket in each case the complaints, amended complaints, and entries of default included in the list of docket entries in Appendices B, C, and D. All docket entries listed in Appendices B, C, and D—as well as any other complaints, service events, defaults, discovery, filings, proceedings, and orders previously applicable to the Maher Plaintiffs’ claims against the relevant defendants—are deemed incorporated into the new cases and are applicable to and binding upon the Maher Plaintiffs in each of the new cases. The Clerk of the Court is respectfully directed to terminate the motions at ECF Nos. 8644, 8794, and 8885 and the related motions in Ashton v. Al Qaeda, No. 02-cv-06977, ECF Nos. 1786, 1880, and 1918; Bauer, No. 02-cv-07236, ECF Nos. 192, 218, and 227; Ashton v. KSA, No. 17-cv-02003, ECF No. 259; and Ryan, No. 20-cv-00266, ECF Nos. 114, 121, and 126. SO ORDERED. toe SARAHNETBURN | United States Magistrate Judge DATED: April 4, 2023 New York, New York

APPENDIX A Case: Ryan, et al. v. Islamic Republic of Iran, et al., No. 20-cv-00266 Docket entries deemed incorporated: Ashton, et al. v. Al Qaeda Islamic Army, et al., No. 02-cv-07236, ECF Nos. 11, 32, 38, 111, 358, 465, 758, 759 Bauer, et al. v. Al Qaeda Islamic Army, et al., No. 02-cv-06977, ECF Nos. 14, 15, 16, 17, 18, 19, 20, 36 APPENDIX B New case: Maher, et al. v. Kingdom of Saudi Arabia, et al. Plaintiffs: Estate of Daniel L. Maher (personal representative: Katherine Maher) Katherine Maher Daniel R. Maher Joseph F. Maher Defendants:

Kingdom of Saudi Arabia Docket entries deemed incorporated: Ashton, et al. v. Kingdom of Saudi Arabia, No. 17-cv-02003, ECF Nos. 1, 20 APPENDIX C New case: Maher, et al. v. Islamic Emirate of Afghanistan a/k/a The Taliban, et al. Plaintiffs: Estate of Daniel L. Maher (personal representative: Katherine Maher) Katherine Maher Daniel R. Maher* Joseph F. Maher* *Note: These plaintiffs assert claims against all defendants listed below except the Taliban, Al Qaeda, and the Estate of Osama bin Laden, each of which is marked with an asterisk. Defendants3: World Assembly of Muslim Youth International Islamic Relief Organization Muslim World League Abdullah Bin Saleh Al Obaid Abdullah Muhsen Al Turki Adnan Basha Yassin Kadi Abdullah Omar Naseef Aqeel Al Aqeel Dallah Avco Trans Arabia Co. Ltd. Soliman H.S.

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