Court, Explained
U.S. Federal District Courts
←Back to docket
S.D.N.Y.Procedural orderFiled Sept. 30, 2025

Smith v. The Islamic Emirate, et al.

Judge
George Daniels
Docket
1:01-cv-10132
Court
U.S. District Court · Southern District of New York
Pages
2
Civil Procedure
In one sentence

In Smith v. The Islamic Emirate, Judge Daniels directed the clerk to close plaintiffs’ motion after the Second Circuit affirmed the turnover ruling.

Who this affects

Anthony Smith and Katherine Soulas, who sought to renew and extend a judgment against the Taliban, the Islamic Emirate of Afghanistan, and the Al Queda/Islamic Army.

What happened

In Smith v. The Islamic Emirate, Anthony Smith and Katherine Soulas asked the court to renew and extend a 2003 judgment against the Taliban, the Islamic Emirate of Afghanistan, and the Al Queda/Islamic Army.

The plaintiffs had obtained a court order allowing enforcement of the judgment and had filed a motion seeking turnover of property. They asked the court to maintain the existing situation while their appeal was pending.

The Second Circuit later affirmed the order denying the plaintiffs’ turnover motion and issued its judgment. Because the appeal was no longer pending, Judge George B. Daniels directed the clerk to close the plaintiffs’ open motion.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Smith v. The Islamic Emirate, et al. · No. 1:01-cv-10132
Judge
George Daniels
Date
Sept. 30, 2025

Background

Anthony Smith and Katherine Soulas asked the court to renew and extend its July 13, 2003 judgment against the Taliban, the Islamic Emirate of Afghanistan, and the Al Queda/Islamic Army. Based on that judgment, the plaintiffs obtained a writ of execution and filed a turnover motion. A turnover motion seeks enforcement of a judgment by requiring property or assets to be transferred.

The plaintiffs’ motion asked the court to maintain the existing situation while an appeal was pending in the U.S. Court of Appeals for the Second Circuit.

Court’s Action

On August 26, 2025, the Second Circuit affirmed the district court’s order denying the plaintiffs’ turnover motion and filed the related judgment in this case. Because the case was no longer pending on appeal, Judge George B. Daniels directed the Clerk of Court to close the open motion at ECF No. 8963.

The opinion does not state that the court granted or denied the motion to renew and extend the judgment. It closes the motion because the related appeal was no longer pending.

Classification

This is a procedural order because it addresses the status of a motion after an appeal and does not decide the underlying legal merits.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
Summary written with AI assistance. See how summaries are made. Spot something wrong? Tell us.