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Other Statutory Actions | New York Eastern
Pre Motion Conference ~Util - Set Deadlines
Minute Entry and Order: A Pre-Motion Conference was held in person on 6/24/2026 before Magistrate Judge Taryn A. Merkl. Appearances by Allison Khaskelis and Dina Gielchinsky for Plaintiffs; Eric Ferrante for Lebanese Canadian Bank ("LCB"). Oral argument held regarding Defendant LCB's pre-motion conference letter 502 , including the propriety of service on Defendant LCB, the parties' positions on the validity of the certificate of default entered against Defendant LCB in 2021 in light of the subsequent amendment of the complaint, and whether an evidentiary hearing is needed as to the issue of service. Discussion also held regarding which party bears the burden of proof as to whether service was properly effected.
As discussed on the record, the first issue that must be resolved is the question of whether the Clerk's certificate of default is moot in light of Plaintiffs' subsequent filing of the third amended complaint. Plaintiffs and Defendant LCB are directed to review the caselaw discussed on the record and must meet and confer to determine next steps as to the issues raised at the conference. By 7/8/2026, the parties are directed to submit a joint status report, providing an update as to their anticipated next steps, and including an update on Plaintiffs' position as to whether Plaintiffs object to Defendant's request to vacate the entry of default and to file an answer to the operative complaint. Should the parties determine that additional briefing or discovery is necessary, they should propose an agreed upon briefing schedule or proposed discovery steps (and an appropriate discovery schedule) in their status report. Ordered by Magistrate Judge Taryn A. Merkl on 6/24/2026. (FTR Log #2:20-3:14.) (DT)
Letter
Letter regarding supplemental authority by Societe Generale de Banque au Liban SAL (Attachments: # 1 Exhibit A) (Leske, Brian)
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