Gardner-Alfred v. Federal Reserve Bank of New York

District Court, S.D. New York·Decided May 1, 2023·No. 1:22-cv-01585·Unknown

Opinion

USDC SDNY DOCUMENT UNITED STATES DISTRICT COURT ELECTRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK DOC #: Sonnac anne KK DATE FILED:_05/01/2023 LORI GARDNER-ALFRED et al., : Plaintiffs, : : 22-cv-01585 (LJL) -V- : : ORDER FEDERAL RESERVE BANK OF NEW YORK, : Defendant. :

nnn K LEWIS J. LIMAN, United States District Judge: The Clerk’s Office received the attached document. The Court does not believe that any action needs to be taken in response to this “notice.” Any party who believes that the document requires action by the Court shall file a letter on ECF by the end of this week.

SO ORDERED. vs wl HE nce Dated: May 1, 2023 New York, New York LEWIS J. LIMAN United States District Judge

UNITED STATES DISTRICT COURT

GARDNER-ALFRED et al, Plaintiffs

Vv. Casei#1:2022cv01585

FEDERAL RESERVE BANK of NEW YORK, Defendant

NOTICE OF SUBSTITUTION OF DEFENDANT

The Defendant FEDERAL RESERVE BANK of NEW YORK assets have been arrested (SEIZED FEDERAL SECURITIES #14-202658 BCT). The United States Department of the Treasury is the real party in interest and is automatically substituted. See attached.

CERTIFICATE OF SERVICE □□□□□□□□□□□□□□□□□□□□□□□□□□□□□ I declare under penalty of perjury that this notice has been served by U.S. Certified Mail on all parties.

Dated 04-28-2023 /s/ DUANE LETROY BERRY (Federal Trustee) U.S. Department of the Treasury 1500 Pennsylvania Ave. NW Washington, D.C. 20220

MAY 0 4 2023 D) US.D.Cy

Case: 23-117 Document:1 Page:1 Filed: 01/24/2023

aie. UNITED STATES COURT OF APPEALS Cee FoR THE FEDERAL CIRCUIT ee: 717 MADISON PLACE, N.W. a WASHINGTON, D.C. 20439 PETER R. MARKSTEINER CLERE’S OFFICE Clerk or Court 202-275-8000 January 24, 2023 NOTICE OF DOCKETING

Federal Circuit Docket No.: 2023-117 Federal Circuit Short Caption: In re: Seized Federal Securities Date of Docketing: January 24, 2023 Originating Tribunal: United States District Court for the Northern District of Texas Originating Case No.: 3:21-cv-00393-D-BT Petitioner: Seized Federal Securities A petition for writ of mandamus has been filed and assigned the above Federal Circuit case number. The court's official caption is included as an attachment to this notice. Unless otherwise noted in the court's rules, the assigned docket number and official caption or short caption must be included on all documents filed with this Court. It is the responsibility of all parties to review the Rules for critical due dates. The assigned deputy clerk is noted below and all case questions should be directed to the Case Management section at (202) 275-8055. The following filings are due within 14 days of this notice: Entry of Appearance or Notice of Unrepresented Person. (Fed. Cir. R. 47.3.) Certificate of Interest. (Fed. Cir. R. 47.4; not required for unrepresented and federal government parties unless disclosing information under Fed. Cir. R. 47.4(a)(6)) Docketing Statement. Note: The Docketing Statement is due in 30 days if the United States or its officer or agency is a party in the appeal. (Fed. Cir. R. 33.1 and the Mediation Guidelines; no docketing statement is required in cases with an unrepresented party) e Statement Concerning Discrimination in MSPB or arbitrator cases. (Fed. Cir. R. 15(c); completed by petitioner only) Fee payment or appropriate fee waiver request, if the docketing fee was not prepaid (see Fee Payment below).

UNITED STATES SUPREME COURT

IN RE: UNITED STATES DEPARTMENT OF THE TREASURY Case# USCA#2023-00117

RULE 22 APPLICATION FOR COURT TO ENFORCE ITS U.S. MARSHALS TO: Chief Justice John G. Roberts

On 7/8/21 and 7/23/21 under the direct ORDER of the United States Department of the Treasury, the undersigned Applicant and also the Respondent in the lower court, the U.S. Marshals Service arrested CLASSIFIED SEIZED FEDERAL SECURITIES per. LR.S. taxpayer account #56-0906609 BANK OF AMERICA and #14-202658 BCT and a portion is now held in this Court’s U.S. Marshals custody. See attached U.S.M.-285. Please direct the Court te ORDER its U.S. Marshals to return the property per. newly submitted U.S.M.-285 forms instruction. “Since in statutory scheme, office of Marshal exists as arm of office of Attorney General, commitment to Marshaj can only be construed as commitment to Attorney General.” (See United States ¥. Howard, 545 F.2d 1044, 6" Cir. 1976)

Dated: 3-03-2023 /sf Duane L Berry United States Department of the Treasury 1500 Pennsyivania Ave. NW Washington, DC 20220 {Applicant) /s/ Joana Cristei Meyer United States Department of Justice 950 Pennsylvania Ave. NW Washington, DC 20530 (Counsel) /s/ Elizabeth Prelogar Solicitor General United States Department of Justice 950 Pennsylvania Ave. NW Washington, DC 20530 Counsel (Counsel) RECEIVED MAR 13 2023

Case: 23-117 Document: Page:1 Filed: 02/14/2023

FORM 30. Certificate of Service Form 30 July 2020 UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT CERTIFICATE OF SERVICE Case Number 2993-117 Short Case Caption 1p re: Seized Federal Securities

NOTE: Proof of service is only required when the rules specify that service must be accomplished outside the court’s electronic filing system. See Fed. R. App. P. 25(d); Fed. Cir. R. 25(e). Attach additional pages as needed. I certify that I served a copy of the foregoing filing on 02/14/2023 by U.S.Mail [-} Hand Delivery [JEmail [Facsimile [| Other: on the below individuals at the following locations. Service Location (Address, Facsimile, Email Seized Federal Securities |PO Box 381292 Clinton Township, ME 48038

[j Additional pages attached. Date: 02/14/2023 Signature; /s/ Joana Cristei Meyer Name: Ioana Cristei Meyer

Case 4:21-cv-03610 Document □□ Filed on 05/23/22 in TXSD Page 1 of 13 t UNITED STATES DISTRICT COURT ‘ U.S. DEPARTMENT OF THE TREASURY, - PLAINTIFF Vv CASE#4:2021-cv-03610 SEIZED FEDERAL SECURITIES, United States Courts DEFENDANT Southem Distict of Texas FILED nerf MAY 2 3 2022 CEASE AND DESIST Ralhan Ochsner Cai ef Cota TO: ALL 38° PARTY SERVICE PROVIDERS , et al RE: (ATTACHED DEFENDANT) FEDERAL RESERVE BANK OF NEW YORK 33 Liberty St. New York, NY 10045 Per. attached 11 Circuit ORDER and supplemental attachments, the (ATTACHED DEFENDANT) has been arrested. Any service provider, contractor, _ agent, merchant, primary dealer, employee, recipient, class member, payment processor, settlement administrator, payer, payee, intermediary-corresponding bank, and any other person or custodian shall immediately cease and desist all operations, terminate, close, disconnect all services, utilities, registrations, payments, settiements, checks, drafts, invoices, wire transfers, phone-internet, contracts, subscriptions, work- orders, accounts, licenses, leases, bonds, permits, postal-mail, electronically stored info., etc. with the above- mentioned ( ATTACHED DEFENDANT) within 72 hours of receipt, and return evidence of termination along with any property, U.S. Treasury bonds, or money received from the (ATTACHED DEFENDANT) made payable TO: Trustee Recovery Account, P.O. Box #381292 42383 Garfield Rd. Clinton Township, Mich. 48038. Whereas, 3™ PARTY is also subject to binding compliance of the National Security Act per. attached warrants in which disclosure to anyone of arrest and cease and desist is prohibited. Failure to comply within the specified time is subject to further arrest and seizure of 3™ PARTY'S assets by the U.S. MARSHALS or any local or state law enforcement officers. Dated 05-12-2022 US. DEPARTMENT OF THE TREASURY, PLAINTIFF

Case 4:21-cv-03610 Document 10 Filed on 05/23/22 in FXSD Page 2 of 13

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CiRCUIT

No. 21-11 738-J

U5.

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