Free Amended Notice of Appeal - District Court of Connecticut - Connecticut

Case 3:00-cv-00835-CFD Document 569-2 Filed 09/10/2008 Page1 of 3
Case 3:0O—cv—00835-CFD Document 566 Filed 08/27/2008 Page 1 of 3
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
INDYMAC BANK, F.S.B. :
Plaintiff :
: CIVIL ACTION NO.
v. : 3-00-cv-835 (CFD)
MOSTAFA REYAD, ET AL AUGUST 27, 2008
TURNOVER ORDER AND RULINGS
ON VARIOUS MOTIONS
The court hereby ORDERS:
1. With respect to defendants’ Motion for Exemptions dated July 16, 2007
(Dkt. #511); Renewal Motion for Exemptions dated November 1, 2007 (Dkt. #535); and
Renewed Motion for Exemptions dated July 14, 2008 (Dkt. #557), defendants’ claims
that the following assets are exempt from execution are hereby OVERRULED. The
motions are DENIED, and plaintiff may proceed immediately with execution upon the
following assets:
a. The Equitable Life Assurance Society of the U.S. Annuity Contract
#98 501 734;
b. New England Life Insurance Company Annuity Contract #V435143;
c. Bank of America bank account of Mostafa Reyad;
d. TD BankNorth bank account of Wafa Reyad;
e. Equitable Life Insurance policy #86 097 685;
f. Equitable Life Insurance policy #86 108 388‘
2. With respect to the defendants’ automobiles for which they have
requested an exemption from execution, because IndyMac has not yet sought to levy
these assets to satisfy its judgment, the defendants’ exemption claim with respect to
these assets is DENIED as moot.
1 Equitable has agreed to replace loans improperly distributed to the defendants while
the assets were subject to garnishment and to pay those funds to IndyMac subject to this
Court’s ruling on the defendants’ exemption motion.

Case 3:00-cv-00835-CFD Document 569-2 Filed 09/10/2008 Page 2 of 3
Case 3:00-cv—00835-CFD Document 566 Filed 08/27/2008 Page 2 of 3
3. PIaintiff’s Motion for Turnover Order (Dkt. #521) is GRANTED with respect
to American Express IDS/Ameriprise Financial ("American Express")? Accordingly,
American Express is ordered to pay to IndyMac the account cash surrender value of the
American Express IDS Life Insurance Company Annuity Contract #9300-05963622,
which asset was subject to garnishment but which funds improperly were released to
the defendants, plus any interest on the contract through the date of service of the writ
of execution on June 27, 2007.3
4. The Settlement and Stipulation entered into by and between VALIC and
plaintiff dated June 23, 2008 and appended as Exhibit A to the Supplement to pIaintiff’s
Motion for Turnover Order dated July 11, 2008 (Exhibit A to Dkt. #554), is SO
ORDERED.
5. The Clerk is directed to notify American Express and VALIC of this
ORDER at the addresses listed below:
American Express IDS/Ameriprise Financial Variable Annuity Life Insurance Co.
c/o Gene Kodadek, Esq. c/o Joshua Cohen, Esq.
Ameriprise Financial Day Pitney LLP
70100 Ameriprise Financial Center One Audobon Street
Minneapolis, MN 55474 New Haven, CT 06511
6. Defendants’ Motion to Declare Plaintiffs Death and Stay All Proceedings
(Dkt. #556) is DENIED.
7. Defendants’ Emergency Motion for injunctive Relief (Dkt. #559) is
DENIED.
3 IndyMac withdrew its request for turnover order with respect to VALIC.
3 IndyMac may subsequently move for its attorneys’ fees associated with its turnover
motion as to the American Express annuity.
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Case 3:00-cv-00835-CFD Document 569-2 Filed 09/10/2008 Page 3 of 3
Case 3:00—cv—00835—CFD Document 566 Filed 08/27/2008 Page 3 of 3
8. Defendants’ Motion to Strike (Dkt. #561) is DENIED.
SO ORDERED.
Dated at Hartford, Connecticut this 27th day of August, 2008.
/s/ Christogher F. Droney
Christopher F. Droney
United States District Judge
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