Free Motion to Stay - District Court of Connecticut - Connecticut

Case 3:00-cv-00835-CFD Document 568-2 Filed 09/ 1 O/2008 Page 1 of 4
UNITED STATES DISTRICT COURT I
DISTRICT OF CONNECTICUT `
INDYMAC BANK, F.S.B.
Plaintiff Civil Action No.
v. 3:00C\/835(CFD)
MOSTAFA REYAD and WAFA REYAD
Defendants Date: September 10,2008
MEMORANDUM OF LAW IN SUPFPORT OF
MOTION TO STAY ORDER NUMBER 566
This is the Defendants Mostafa Reyad and Wafa Reyad Memorandum of law in
Support of the accompanied Motion to Stay this Court’s Order Entitled " Turnover
Order and Rulings on Various Motions", Ordered by this Court dated August 27,
2008, Entered on August 28, 2008. The l0 days permissible to file the instant
motion to stay expires on September ll, 2008. Accordingly, it is timely tiled.
Defendants has filed with this Court "Emergency Motion to Stay Immediate
Execution on Reyads’ Exempted properties Pending Appellate Ruling on Motion
to Stay Immediate Execution on Reyads’ Exempted Properties" dated September 2,
2008 (Doc#567). Plaintiff attacked the procedural propriety of that motion in their
opposition to the underlying emergency motion in the Court of Appeal, and
because this Court’s Clerk does not Recognize the Emergency Status of the said
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Case 3:00-cv-00835-CFD Document 568-2 Filed O9/10/2008 Page 2 of 4
Defendants’ motion in its Entry of Response due 9/23/2008, Defendants in the fear
of any procedural defect may occur, are filing the instant motion, rendering the
Emergency Motion dated September 2, 2008 (Doc#567) moot.
THE EXTRAORDINARY CIRCUMSTANCES
1- This Court’s Order Denying Defendants’ Exemptions Motions, under the
circumstances is Unfair must be Reversed, because Defendants are under seize of a
nuclear prejudgment remedy for more than 8 years, and the specified assets
Ordered to be Executed are under seize since inception of this action. The nuclear
prejudgment remedy for the duration of more than 8 years has eroded all
Defendants’ assets, made it impossible to post a supersedeas bond, in addition
there is no existence for a Legitimate Plaintiff. The Stay requested does not
prejudice any party.
2- The Order at Suborder number 6, Denied Defendants’ Motion to Declare
Plaintiff s Death and Stay All Proceedings, the Denial is not clear due to the
Absence of Articulation, raising a question of law should be addressed by the
Court under the circumstances. IndyMac Bank, F.S.B. has disappeared from
existence pursuant to the 2 exhibits filed by the attorneys as attachments to
"Plaintiff s Objection to Defendants’ Motion to Declare Plaintiff s Death and Stay
Proceedings", dated July 18, 2008 (Doc#558-2Ȯ-3). In this Court there is no
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Case 3:00-cv-00835-CFD Document 568-2 Filed O9/10/2008 Page 3 of 4
Plaintiff has been substituted, or requested to be substituted. Accordingly, and
Fed. R. Civ. P. Rule 25(c), is impossible to be applicable to a disappeared entity.
Thus, under that circumstances of Plaintiff s disappearance, and the document
docketed number 558-3 in which FDIC pursuant to its Article III, Section 4,
subsection (d), has denied acquiring and purchasing or obtaining an option to
purchase any defensive litigation with respect to which the Failed Bank was a
defendant or counter-claimant. It means that FDIC does not involve itself in
actions where counterclaims are under litigation. That is to say, FDIC is not going
to be substituted. Substitution of a party must be for claims and counterclaims, it is
not allowed to be separated pursuant to Rule 82. Thus, Ruling upon Defendants’
Motion to Declare Plaintiff s Death and Stay All Proceedings should be Reversed.
3-Upon Reversing the above motion, the Suborders l & 3, would be moot, and the
Ordered Execution must Stay Pending the proper substitution if any.
Finally, for the interest of justice, the instant motion must be Granted. This Court’s
Order to Stay Execution Pending Appellate Review Should be Issued.
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Case 3:00-cv-00835-CFD Document 568-2 Filed O9/10/2008 Page 4 of 4
The Defendant The Defendant
Mostafa Reyad Wafa Reyad
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lb E {
By By [lj //
Mostafa Reyad Wafa Reyad
92 Aristotle Way 92 Aristotle Way
Cranbury, NJ 08512-2550 Cranbury, NJ 08512-2550
Phone : 201-621-3925 Phone : 201-621-3925
E.mai1: [email protected] E.mai1:[email protected]
CERTIFICATE OF SERVICE
I, the undersigned Mostafa Reyad, certifies, that on the captioned dated or before
has served the attached document by Emailing and mailing a true and correct copy
to the following:
Attorney Rowena A. Moffett
Brenner, Saltzman & Wallman
271 Whitney Aenue
New Haven, CT 06511
E.mai1: [email protected]
“ 1 \ ,
By A l
M stafa Reyad
92 Aristotle Way
Cranbury, NJ 08512-2550
E.mai1: [email protected]
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