The Estate of Michael Heiser v. Clearstream Banking, S.A.

Background

The document is a joint letter from the parties seeking to stay the case. The Estate of Michael Heiser and other petitioners identified three related judgment-enforcement proceedings before Judge Preska: a prior related proceeding involving judgment creditors of the Islamic Republic of Iran, and cases identified by docket numbers 18-cv-12217 and 16-cv-8075. The parties stated that those cases sought to execute on the same assets under similar legal theories.

The parties explained that the appellate proceedings in the prior related proceeding were ongoing. The United States Supreme Court had granted the parties’ petitions for review, vacated the Second Circuit’s judgment, and sent the matter back to the Second Circuit for further consideration in light of the National Defense Authorization Act for Fiscal Year 2020. The parties said the outcome of those proceedings was likely to significantly affect this case.

Requested stay and service

The parties jointly requested a stay pending resolution of the related appeal. The petitioners also requested, and Clearstream agreed, to waive service of the summons. The letter stated that, if the stay were not granted, Clearstream would have 90 days from January 27, 2020, to answer or file a motion under Rule 12. Clearstream expressly preserved its defenses and objections, including lack of personal jurisdiction and improper venue.

Ruling

Judge Lorna G. Schofield ordered a stay of the case. The document does not state that the court decided the underlying claims or the preserved defenses.