Page:Bank Markazi v. Peterson SCOTUS slip opinion.pdf/11

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BANK MARKAZI v. PETERSON Opinion of the Court

assets held in a New York bank account—assets that, respondents alleged, were owned by Bank Markazi. See App. to Pet. for Cert. 52a–54a, 60a, and n. 1; Second Amended Complaint in No. 10–CIV–4518 (SDNY), p. 6.^[1] This turnover proceeding began in 2008 when the terrorism judgment holders in Peterson, 264 F. Supp. 2d 46, filed writs of execution and the District Court restrained the bonds. App. to Pet. for Cert. 14a–15a, 62a. Other groups of terrorism judgment holders—some of which had filed their own writs of execution against the bonds—were joined in No. 10–CIV–4518, the Peterson enforcement proceeding, through a variety of procedural mechanisms.^[2] It is this consolidated judgment-enforcement proceeding and assets restrained in that proceeding that §8772 addresses.

Although the enforcement proceeding was initiated prior to the issuance of Executive Order No. 13599 and the enactment of §8772, the judgment holders updated their motions in 2012 to include execution claims under §8772. Plaintiffs’ Supplemental Memorandum of Law in Support of Their Motion for Partial Summary Judgment in No. 10–CIV–4518 (SDNY).^[3] Making the findings necessary un-

↑ Federal Rule of Civil Procedure 69(a)(1) provides: “A money judgment is enforced by writ of execution.... The procedure on execution—and in proceedings supplementary to and in aid of judgment or execution—must accord with the procedure of the state where the court is located, but a federal statute governs to the extent it applies.”
↑ Some moved to intervene; others became part of the proceeding by way of an interpleader motion filed by Citibank. App. to Pet. for Cert. 15a, 52a–53a, n. 1; Third-Party Petition Alleging Claims in the Nature of Interpleader in No. 10–CIV–4518 (SDNY), pp. 12–14. One group of respondents intervened much later than the others, in 2013, after §8772’s enactment. See App. to Pet. for Cert. 18a–19a.
↑ Before §8772’s enactment, respondents’ execution claims relied on the TRIA. Even earlier, i.e., prior to Executive Order No. 13599, which blocked the assets and thereby opened the door to execution under the

[1] Federal Rule of Civil Procedure 69(a)(1) provides: “A money judgment is enforced by writ of execution.... The procedure on execution—and in proceedings supplementary to and in aid of judgment or execution—must accord with the procedure of the state where the court is located, but a federal statute governs to the extent it applies.”

[2] Some moved to intervene; others became part of the proceeding by way of an interpleader motion filed by Citibank. App. to Pet. for Cert. 15a, 52a–53a, n. 1; Third-Party Petition Alleging Claims in the Nature of Interpleader in No. 10–CIV–4518 (SDNY), pp. 12–14. One group of respondents intervened much later than the others, in 2013, after §8772’s enactment. See App. to Pet. for Cert. 18a–19a.

[fn10-3] Before §8772’s enactment, respondents’ execution claims relied on the TRIA. Even earlier, i.e., prior to Executive Order No. 13599, which blocked the assets and thereby opened the door to execution under the

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