Levin v. Bank of New York

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

MR. JEREMY LEVIN, DR. LUCILLE Case No. 1:09-cv-05900-JPO-RLE LEVIN, and SUZELLE M. SMITH, AS AN INDIVIDUAL AND TRUSTEE OF M18-302 THE JEREMY ISADORE LEVIN 2012 REVOCABLE TRUST, AS AMENDED, ORDER DIRECTING THE CLERK AND AS TRUSTEE OF THE LUCILLE TO ISSUE WRIT OF EXECUTION HARE LEVIN 2012 REVOCABLE IN SATISFACTION OF 28 U.S.C. TRUST § 1610(c) Plaintiffs, -v- ISLAMIC REPUBLIC OF IRAN; IRANIAN MINISTRY OF INFORMATION AND SECURITY; and IRANIAN ISLAMIC REVOLUTIONARY GUARD CORPS, Defendants. Upon consideration of the Motion and Application pursuant to 28 U.S.C. § 1610(c) of Dr. Lucille Levin, Suzelle M. Smith as an individual and Trustee of the Jeremy Isadore Levin 2012 Revocable Trust, as amended, and Suzelle M. Smith as an individual and Trustee of the Lucille Hare Levin 2012 Revocable Trust, a real party in interest, ( “Plaintiffs” or “Petitioners” or “Judgment Creditors” or “Levins”) for an Order finding that a reasonable period of time has elapsed and directing the Clerk to issue a Writ of Execution to enforce judgments entered in favor of the Levins in the underlying matter in United States District Court for the District of Revolutionary Guard Corps and their agencies and instrumentalities, including but not limited to assets held in this District by JPMorgan Chase, N.A. and/or JPMorgan

Chase & Co., which maintain branches in this District, the supporting Memorandum of Law dated May 24, 2022, and the accompanying Declaration of Suzelle Smith dated May 24, 2022 (“Smith Decl.”); the Court makes the following findings: 1. On February 6, 2008, the United States District Court for the District of Columbia entered judgments in the combined amount of $28,807,719.00

against the Islamic Republic of Iran, the Iranian Ministry of Information and Security, and the Iranian Islamic Revolutionary Guard Corps, and their agencies and instrumentalities, in favor of Dr. Lucille Levin and the late Jeremy Levin in an action brought under 28 U.S.C. § 1605(a)(7). Levin v. Islamic Republic of Iran, 529 F. Supp. 2d 1, 5-13 (D.D.C. 2007). Pursuant to

28 U.S.C. § 1961, the Levins are also entitled to post judgment interest. 2. The Levins gave notice of the entry of judgment to Iranian Judgment Debtors through court and diplomatic channels on October 14, 2008, pursuant to the Foreign Sovereign Immunities Act (“FSIA”), 28 U.S.C. §1608(e). See Ex. A to Smith Decl., Letter from William P. Fritzlen to

Nancy Mayer-Whittington, dated January 16, 2009. 3. On April 20, 2009, the Levins registered their judgment in this Court, Judgment Number 09,0732, Docket Number M 18-302. See Ex. B to Smith Decl. at Attachment A, Certification of Judgment for Registration in renewal of their Judgment from the SDNY Court on January 3, 2019. See Ex. B to Smith Decl., Renewal of Judgment In A Civil Action, Levin v.

Islamic Republic of Iran, Case No. 18-cv-11576 (S.D.N.Y. Jan. 3, 2019). 4. On July 2, 2012, Dr. Lucille Levin and Mr. Jeremy Levin assigned and transferred all of their rights and/or interests in their judgments to the Jeremy Isadore Levin 2012 Revocable Trust, as amended and the Lucille Hare Levin 2012 Revocable Trust and assigned Suzelle M. Smith, an

individual, as Trustee of the Levin Trusts. See Smith Decl. at ¶ 3. 5. Petitioners’ judgments have remained partially unsatisfied and they have just recently identified assets belonging to the Iranian Judgment Debtors and their agencies and instrumentalities (“the Property”), including but not limited to blocked assets of agents and instrumentalities of Iran, held in this

District by JPMorgan Chase, N.A. and/or JPMorgan Chase & Co., which maintain branches in this District. See Ex. D to Smith Decl., List of Property. 6. Over fourteen (14) years have passed between the entry of judgment against the Iranian Judgment Debtors and the giving of notice to the Iranian

Judgment Debtors under 28 U.S.C. § 1608(e) and the registration of Petitioners’ judgment in this District, which the Court finds is a reasonable time period before the issuance of a writ of execution under 28 U.S.C. § 1610(c); therefore: Property for the Judgment registered by the Levins in this Court; and IT IS FURTHER ORDERED that the Clerk of this Court 1s authorized and directed to issue such further writs in aid of execution as warranted under, and in accordance with Rule 69 of the Federal Rules of Civil Procedure consistent with this Order. IT IS SO ORDERED.

Dated: June 1, 2022 New York, New York | | J. PAUL OETKEN United States District Judge