Bennett et al v. The Islamic Republic of Iran et al, No. 3:2011cv05807 - Document 109 (N.D. Cal. 2012)

Court Description: ORDER VACATING DEFAULT re 108 STIPULATION WITH PROPOSED ORDER re 79 Clerks Notice of Entry of Default filed by Bank Melli. 95 STIPULATION WITH PROPOSED ORDER Awarding Turnover Of Blocked Assets, Discharge Of Stakeholders And Entry Of Final Judgment On Consent Of Parties filed by CIPPORAH KAPLAN et al. and 98 MOTION to Stay Distribution filed by Bank Melli are withdrawn without prejudice; 104 MOTION to Set Aside Default filed by Bank Melli is granted. Bank Melli shall move or answer the Third-Party Compalint within 30 days of the entry of this order. Signed by Judge Charles R. Breyer on 7/5/2012. (beS, COURT STAFF) (Filed on 7/5/2012)

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Bennett et al v. The Islamic Republic of Iran et al Doc. 109 1 MOLO LAMKEN LLP JEFFREY A. LAMKEN (CA Bar # 154217) 2 The Watergate, Suite 660 600 New Hampshire Ave. 3 Washington, D.C. 20037 Telephone: (202) 556-2000 4 Facsimile: (202) 556-2001 5 6 Counsel for Third-Party Defendant BANK MELLI 7 8 UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 MICHAEL BENNETT, et al., 13 STIPULATION AND [PROPOSED] ORDER VACATING DEFAULT Plaintiffs, 14 v. 15 16 Case No. CV 11-5807 (CRB) (NJV) ISLAMIC REPUBLIC OF IRAN, et al., Before the Honorable Charles R. Breyer and Nandor J. Vadas Defendants. 17 18 19 VISA INC. and FRANKLIN RESOURCES, INC., 20 Third-Party Plaintiffs, 21 v. 22 23 BANK MELLI, et al., Third-Party Defendants. 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER Dockets.Justia.com 1 Third-Party Defendant Bank Melli, Defendants and Third-Party Plaintiffs 2 Visa Inc. and Franklin Resources, Inc. (“Visa” and “Franklin”), Plaintiffs Michael 3 Bennett et al. (the “Bennett Plaintiffs”), Third-Party Defendants Steven Green- 4 baum and Carlos Acosta et al. (the “Greenbaum/Acosta Judgment Creditors”), and 5 Third-Party Defendants Estate of Michael Heiser et al. (the “Heiser Judgment 6 Creditors”), by and through their undersigned counsel, hereby consent and stipu- 7 late to the entry of this Order, and the Court concludes that good cause has been 8 shown for the entry thereof: 9 10 11 1. Bank Melli’s motion to set aside the default (Doc. No. 104) is hereby GRANTED. The Clerk’s entry of default (Doc. No. 79) is hereby VACATED. 2. The vacating of the Clerk’s entry of default does not constitute a con- 12 sent or agreement to any of the arguments or defenses raised by Bank 13 Melli opposing the right of the Bennett Plaintiffs, the Greenbaum/Acosta Judgment 14 Creditors, and the Heiser Judgment Creditors to a turnover of the assets deposited 15 into the Court’s registry by Visa and Franklin. 16 3. Bank Melli hereby waives its objections to service of the summons 17 and third-party complaint (Doc. Nos. 16, 45), reserving all other jurisdictional, 18 immunity, and other defenses and objections. 19 4. The Stipulation with Proposed Order Awarding Turnover of Blocked 20 Assets, Discharge of Stakeholders and Entry of Final Judgment (Doc. No. 95) and 21 Bank Melli’s Motion to Stay Distribution (Doc. No. 98) are hereby WITH- 22 DRAWN without prejudice. 23 24 25 26 27 28 2 STIPULATION AND [PROPOSED] ORDER 1 2 5. Bank Melli shall move against or answer the Third-Party Complaint within 30 days of the entry of this Order. 3 PURSUANT TO STIPULATION, IT IS SO ORDERED. 8 San Francisco, California S July 5, 2012 UNIT ED 7 Dated: RT U O 6 S DISTRICT TE C TA The Honorable Charles R. Breyer D RDERE IS SO O IT 9 NO yer s R. Bre 11 12 A H ER LI RT 10 harle Judge C R NIA 5 FO 4 N F D IS T IC T O R 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 STIPULATION AND [PROPOSED] ORDER C

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