Ismailov, et al. v. Hutseriev, et al.

Opinion

DOCUMENT ELECTRONICALLY FILED DOC #: DATE FILED: 7/18/2024 Wilk Auslander

July 17, 2024 VIA ECF AND E-MAIL Hon. Annalisa Torres United States District Judge Southern District of New York 500 Pearl Street New York, New York 10007 Torres NYSDChambers@nysd.uscourts.gov. Re: = Ismailov, et al. v. Hutseriev, et al., No. 24-cv-03287 (AT) (S.D.N.Y.) Dear Judge Torres: We write on behalf of Defendants PJSC Sberbank of Russia (“Sberbank’’) and Stanislav Kostiantynovych Kuznetsov (collectively, the “Sberbank Defendants”) in the above-titled action and jointly with Plaintiffs Musaib Ismailovych Ismailov (“Ismailov”) and Akhmed Hadzhyiovych Bilalov (“Bilalov”; and with Ismailov, “Plaintiffs”; and collectively with Defendants, the “Parties”’). Pursuant to Rules IB and I.C of the Court’s Individual Practices in Civil Cases (the “Individual Rules”) the Parties write to request an indefinite adjournment of the Court’s July 19, 2024 deadline to submit a jot proposed case management plan (ECF No. 32), to be rescheduled if necessary following the Court’s ruling on the Sberbank Defendants’ anticipated motion under the Foreign Sovereign Immunities Act (“FSIA”). Plaintiffs consent to this request, subject to the reservation set forth below. As indicated in their pre-motion letter to the Court dated July 15, 2024 (see ECF No. 37), the Sberbank Defendants intend to move to dismiss under Rule 12(b)(1) for lack of subject matter jurisdiction under the FSIA, among other grounds. Because the Court must be “circumspect” in authorizing discovery from a foreign state under the FSIA prior to a determination of immunity, the Parties ask the Court to indefinitely adjourn the July 19, 2024 deadline for the submission of a joint proposed case management plan, unless and until the Court resolves the issue of sovereign immunity against the Sberbank Defendants. See, e.g., EM Ltd. v. Republic of Argentina, 473 F.3d 463, 486 (2d Cir. 2007). Plaintiffs consent to this request and to a stay of merits discovery, but reserve and do not waive their right to move for and take jurisdictional discovery. See Chevron Corp. v. Donziger, 296 F.R.D. 168, 220 (S.D.N-Y. 2013) (“[A] court may order a party that contests the exercise of personal jurisdiction over it to provide discovery relevant to deciding the jurisdiction issue.”). The Sberbank Defendants reserve their right to oppose such discovery.

VV no Wilk Auslander Hon. Annalia Torres July 17, 2024 Page 2

This is the first request by the Sberbank Defendants to adjourn the case management plan (or any deadline) and the first request by any party for an adjournment since counsel for the Sberbank Defendants noticed their appearances on July 3, 2024. (See ECF Nos. 33-36). Plaintiffs previously made a single request to adjourn the deadline in a letter to the Court dated June 26, 2024, which was made as required by Individual Rule II.B prior to any defendant appearing in the action. (See ECF No. 31). The Court granted that request in part in a minute order dated June 27, 2024. (See ECF No. 32). Respectfully submitted, Wilk Auslander LLP SEIDEN LAw LLP /s/ Jay S_ Auslander /s/ Jake Nachmani Jay S. Auslander Jake Nachmani Natalie Shkolnik MarcAnthony Bonanno Itzkowitz 322 Eighth Avenue, Suite 1200 Michael Van Riper New York, NY 10001 825 Eighth Avenue, Suite 2900 jnachmani@seidenlaw.com New York, New York 10019 mbonanno@seidenlaw.com Tel.: 212.421.2902 (646) 766-1723 jauslander@wilkauslander.com nshkolnik@wilkauslander.com Attorneys for Plaintiffs aitzkowitz@wilkauslander.com mvanriper@wilkauslander.com Attorneys for Defendants Public Joint Stock Company Sberbank of Russia and Stanislav Kostiantynovych Kutznetzov

GRANTED. SO ORDERED. Dated: July 18, 2024 New York, New York

ANALISA TORRES United States District Judge