Karten v. PNC Bank, National Association
- Lorna Schofield
- 1:22-cv-03200
- U.S. District Court · Southern District of New York
- 2
In Karten v. PNC Bank, Judge Schofield granted Karten’s motion and ordered $255,318.25 plus interest disbursed from the court registry.
Harry Karten receives the court-registry funds. PNC Bank, National Association is the interpleader plaintiff; Isaac Udotong waived any claim to the funds, and Estrella Ramson Enterprises, LLC forfeited its claim by default.
What happened
Karten v. PNC Bank, National Association involved funds deposited with the court in an interpleader proceeding. Estrella Ramson Enterprises, LLC did not answer after being served, and Isaac Udotong waived any claim to the funds in a settlement agreement, leaving Harry Karten as the only potential claimant.
Karten asked the court to release the funds under 28 U.S.C. § 1335. The court granted the motion and ordered the Clerk to send Karten a check for $255,318.25 plus any accrued interest. The court also directed the Clerk to enter judgment and close the case.
Judge Lorna Schofield issued the order on March 17, 2023. The order does not describe a decision on the underlying claims beyond authorizing payment of the funds to Karten.
The detailed version
- Karten v. PNC Bank, National Association · No. 1:22-cv-03200
- Lorna Schofield
- Mar. 17, 2023
Background
PNC Bank, National Association deposited funds in the court registry in an interpleader proceeding. Interpleader is a procedure that allows a holder of disputed funds to ask the court to determine who should receive them. The motion sought disbursement of $255,318.25, plus any accrued interest, to Harry Karten.
The order states that Estrella Ramson Enterprises, LLC was served with process but failed to answer. Because of that default, it forfeited any claim to the funds. The order also states that Isaac Udotong expressly waived any claim to the funds in a settlement agreement. The court therefore identified Karten as the only potential claimant.
Motion and Ruling
Karten moved under 28 U.S.C. § 1335 for an order directing the Clerk of Court to disburse the funds. The order states that proper notice was provided and that Karten established the legal and factual grounds for relief.
The court granted Karten’s motion. It ordered the Clerk to disburse $255,318.25, plus any accrued interest, to Harry Karten by check. The Clerk was directed to mail the check to the address listed in the order. The court further directed the Clerk to close the motion at Docket No. 72, enter judgment in accordance with the order, and close the case.
Effect of the Order
The order authorizes payment of the funds to Karten. It does not state that the court decided any separate underlying claims between the parties. The order was signed by Judge Lorna G. Schofield.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.