BMaddox Enterprises LLC v. Oskouie
BMaddox Enterprises LLC v. Milad Oskouie, Osko M Ltd., and Platinum Avenue Holdings Pty, Ltd.
- Ronnie Abrams
- 1:17-cv-01889-RA-SLC
- U.S. District Court · Southern District of New York
- 2
In BMaddox Enterprises v. Oskouie, Judge Abrams said a separate order would award judgment but refused to direct third-party banks to transfer defendants’ assets.
BMaddox Enterprises LLC, Milad Oskouie, Osko M Ltd., Platinum Avenue Holdings Pty, Ltd., and third-party financial institutions whose involvement in transferring Defendants’ assets Plaintiff sought.
What happened
In BMaddox Enterprises LLC v. Milad Oskouie, Osko M Ltd., and Platinum Avenue Holdings Pty, Ltd., the court addressed how Plaintiff would collect its judgment. The order states that a separate order would award Plaintiff judgment consistent with earlier rulings.
The court refused to order third-party financial institutions to locate, attach, restrain, or transfer Defendants’ assets. It said Plaintiff should use the ordinary legal procedures for enforcing judgments instead.
Judge Abrams directed Plaintiff to serve the order on Defendants and directed the Clerk of Court to close the case.
The detailed version
- BMaddox Enterprises LLC v. Oskouie · No. 1:17-cv-01889-RA-SLC
- Ronnie Abrams
- Apr. 4, 2022
What the order says
The court stated that, by a separate order, it would award Plaintiff judgment consistent with the court’s rulings dated August 18, 2021, and February 23, 2022. The opinion does not describe those earlier rulings or specify the judgment’s amount or other terms.
Third-party financial institutions
The court refused to order third-party financial institutions to locate, attach, restrain, or transfer Defendants’ assets. It relied on earlier Southern District of New York decisions stating that Federal Rule of Civil Procedure 65, which governs injunctions and similar court orders, cannot be used to bind financial institutions or other third parties that are not before the court.
Collection and disposition
The court stated that Plaintiff should use the ordinary procedures for enforcing judgments under Federal Rule of Civil Procedure 69 and New York Civil Practice Law and Rules § 5222. Plaintiff was directed to serve a copy of the order on Defendants. Judge Abrams also directed the Clerk of Court to close the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.