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S.D.N.Y.Procedural orderFiled Feb. 15, 2024

Citibank, N.A. v. Aralpa Holdings Limited Partnership

Judge
Rochon
Docket
1:22-cv-08842
Court
U.S. District Court · Southern District of New York
Pages
3
Civil ProcedureDiscovery
In one sentence

In Citibank, N.A. v. Aralpa Holdings, Judge Rochon temporarily stayed an earlier enforcement order and requested a response before deciding whether to continue the stay.

Who this affects

Citibank, N.A., the defendants Aralpa Holdings Limited Partnership and Rodrigo Lebois Mateos, and the third parties One57 36B, LLC and Aralpa Miami Investments, LLC. The temporary stay pauses the earlier order while the court considers whether to continue it.

What happened

Citibank, N.A. v. Aralpa Holdings Limited Partnership concerns an earlier order involving real property, payments from specified accounts, and discussions about discovery. The provided text does not include the full explanation for that earlier order.

The defendants and two third parties asked the court to stay the earlier order while they pursued an appeal, or to impose a short temporary stay so they could seek a stay from the appeals court. They argued that a stay would prevent possible harm involving the property and assets while preserving the existing restrictions.

Judge Jennifer L. Rochon temporarily stayed the earlier order and directed a response of no more than three pages by February 16, 2024, at 4:00 p.m. The court stated that it would then decide whether to continue the stay.

The detailed version

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

Case
Citibank, N.A. v. Aralpa Holdings Limited Partnership · No. 1:22-cv-08842
Judge
Rochon
Date
Feb. 15, 2024

Background

The provided opinion text is an order that temporarily stays an earlier February 2, 2024 order. According to the filing quoted in the text, the earlier order granted Citibank's request for a writ of execution concerning a condominium at 157 West 57 Street, Unit 36B, New York, New York; directed One57 36B, LLC and Aralpa Miami Investments, LLC to pay Citibank assets in specified bank and brokerage accounts; and directed the parties to meet and confer about discovery.

Request for a Stay

Aralpa Holdings Limited Partnership and Rodrigo Lebois Mateos, together with One57 36B, LLC and Aralpa Miami Investments, LLC, requested a stay of the February 2 order pending appeal. In the alternative, they requested a brief interim stay to allow them to seek a stay from the United States Court of Appeals for the Second Circuit.

The request argued that Citibank would not suffer substantial harm because existing restrictions would preserve the assets. It also argued that the defendants and third parties could suffer irreparable harm without a stay, particularly if the condominium were foreclosed. The filing further asserted that the appeal had a substantial possibility of success and that the public interest favored avoiding potentially difficult property transfers if the earlier order were later reversed.

Court’s Action

Judge Jennifer L. Rochon temporarily stayed the February 2 order. The court directed that a response of no more than three pages be filed by February 16, 2024, at 4:00 p.m., and stated that it would decide afterward whether to continue the stay. The provided text does not state a final ruling on whether the stay would continue.

The authoritative version

Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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