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 dismissed all remaining claims after interpleader funds were disbursed to Karten and closed the case.
Harry Karten, PNC Bank, National Association, Isaac Udotong, and Estrella Ramson Enterprises, LLC; the order also directed closure of the case.
What happened
In Karten v. PNC Bank, National Association, PNC placed disputed funds with the court and sought dismissal from the case and protection from further liability. That request had already been granted.
Estrella Ramson Enterprises, LLC, did not answer after being served and therefore forfeited any claim to the funds. Isaac Udotong and Harry Karten dismissed their respective claims concerning the funds, and the court granted Karten’s request to distribute the funds to him. The funds were then disbursed to Karten.
Judge Lorna G. Schofield ordered that all remaining claims be dismissed and directed the Clerk of Court to close the case.
The detailed version
- Karten v. PNC Bank, National Association · No. 1:22-cv-03200
- Lorna Schofield
- Apr. 20, 2023
Background
Harry Karten brought the action against PNC Bank, National Association (PNC), and Isaac Udotong. PNC filed an interpleader complaint, which is a proceeding in which a party holding disputed funds asks the court to determine who may claim them. PNC asserted a counterclaim against Karten, a cross-claim against Udotong, and a third-party claim against Estrella Ramson Enterprises, LLC (ERE).
The court had already granted PNC’s motion to deposit the interpleader funds into the court’s registry, dismiss PNC from the case, and discharge PNC from liability. ERE was served but failed to appear or answer; the order states that ERE’s default forfeited any claim to the funds. By a March 10, 2023, stipulation, Karten dismissed all claims against Udotong, and Udotong dismissed all potential claims to the funds.
Funds and Disposition
On March 17, 2023, the court granted Karten’s motion for disbursement of the interpleader funds. The funds were disbursed to Karten on April 13, 2023. The court then ordered that all remaining claims in the action be dismissed and directed the Clerk of Court to close the case.
Classification
This is a procedural order because the court completed the interpleader process and dismissed the remaining claims without deciding the underlying merits of any dispute over the funds.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.