UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK LEONARD □□□□□□□□□□□□□□□□□□□□□□□□□ CAROL A. EISENBERG, ) Civil Action No. 18-cv-02092(KMK) Plaintiffs, — against — ) DEFAULT JUDGMENT PERMANENT MISSION OF EQUATORIAL ) GUINEA TO THE UNITED NATIONS, ) Defendant. a) WHEREAS, the above action now pending in this Court was initially commenced by Plaintiffs in Supreme Court of the State of New York, County of Westchester and removed by Notice of Removal (Document #1) filed by counsel for the Defendant on March 8, 2018; and WHEREAS, subsequent to Defendant’s removal, Defendant challenged the subject matter jurisdiction of this Court alleging upon a 12(b)(1) Motion that Plaintiffs could not maintain this action based upon sovereign immunity; and WHEREAS, said Motion came on to be heard before this Court on July 30, 2019 and the Court rendered a Decision and Order (Document No. 50) denying Defendant’s subject matter challenge; and WHEREAS, the Second Circuit Court of Appeals following an appeal by Defendant unanimously affirmed by Decision and Order dated October 20, 2020 the underlying July 30, 2019 Order of this Court; and WHEREAS, following the above Plaintiffs filed discovery demands including a Notice of Intention to Inspect the Premises (Document No. 68) to access the property as well as an omnibus document demand (Document No. 69); and WHEREAS, by Memo Endorsed letter dated November 12, 2020 (Document No. 67) the Court set a “hard deadline” on discovery establishing a cutoff date of January 31, 2021 stating an intention to impose sanctions based upon a failure to comply; and WHEREAS, notwithstanding the above it became necessary for Plaintiffs’ counsel to file a letter motion on January 6, 2021 to compel production; and WHEREAS, the Court issued an Order on January 7, 2021 (Document No. 75) directing Defendant to respond by January 21, 2021 and a further Order was entered on January 14, 2021 (Document No. 78) granting a second letter motion seeking leave to file a default motion; and WHEREAS, on January 27, 2021 the subject Default Motion (Document No. 79) was docketed returnable on February 19, 2021 and adjourned by first letter motion to March 19, 2021; and WHEREAS, in response to the Plaintiffs’ discovery applications and discovery notices, Defendant through counsel continued to improperly and unlawfully assert immunity notwithstanding the ruling of this Court and notwithstanding the affirmance of the ruling by the Second Circuit Court of Appeals; and WHEREAS, by Memo Endorsed letter (Document No. 83) endorsed on April 6, 2021 the Honorable Court granted leave to Plaintiffs to submit a proposed order seeking default judgment; NOW THEREFORE it is: ORDERED, ADJUDGED and DECREED that the Plaintiffs do recover and have judgment for all relief requested in the underlying Complaint including and not limited to the within determination that the Defendant’s actions that trespassed upon the property of the Plaintiffs were unlawful and that the Plaintiffs are entitled to a decree of this Court establishing Defendant’s trespass and declaring Plaintiffs to be the lawful owners of all property deeded to them by deed dated August 11, 2008 free and clear of any claim, right, title or interest of the Defendant compelling Defendant to forthwith and immediately vacate and remove any and all encroachments and structures of any nature unlawfully trespassing upon the property of the Plaintiffs; and it is ORDERED, ADJUDGED and DECREED that the Plaintiffs are entitled to compensatory damages as a result of Defendant’s unjust occupancy, unjust encroachment and deliberate disregard for the property rights of the Plaintiffs; and it is ORDERED, ADJUDGED and DECREED that Plaintiffs do hereby obtain a declaratory judgment and determination of this Court quieting the title to the property owned and deeded to the Plaintiffs by Deed dated August 11, 2008 extinguishing any and all unlawful claims of the Defendant to the subject property that was unlawfully occupied and trespassed upon; and it is ORDERED, ADJUDGED and DECREED that the Defendant be hereby directed to fully comply with, adhere to and respect the boundary line demarcated on the Munson Company Survey dated November 2, 2016 which Survey was affixed as Exhibit “C” to the Plaintiffs’ Complaint which Survey further depicted that the Defendant’s barbecue area and chain link fence then encroached beyond the Defendant’s boundary line separating the properties of the parties all as depicted on the Survey attached as Exhibit “C” to the Plaintiffs’ Complaint and ancillary to the above, Defendant is hereby directed and enjoined to remove any encroachments that extend beyond said boundary line, quieting title to property owned by the Plaintiffs heretofore encroached upon by the Defendant; and it is ORDERED, ADJUDGED and DECREED that the Plaintiffs do obtain an equitable decree, injunction and determination requiring Defendant to immediately cease the discharge of water from the property of the Defendant onto the property of the Plaintiffs and forthwith and immediately remove any unlawful concealed pipes now causing water to flow and discharge from the property of the Defendant onto the property of the Plaintiffs; asadebbbie SRBERED DIED SBPEREED-7 4 eres 5 ee Leiwond 4 □□□□□□□□□□□□□□□□□□□□□□□□□□□□ dee! □ □ Ls ieee | □□□ tet de Pebaeimbid dimanche aiid madi CoutCOM OAR COP EERLO RARE Op Ai ae CORO OR aSOpAHMelN =Aikioneed = □□□ =daC ken Olomi= a eHRERiEd □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ elements -eenneet set na S RACE PEARSE LELD: AD DSLS nnd BECREED ont ss comeqnee □□□ ceimernte dmerne Seferdenterd deferens coarse or re sry ren re rs Cort He □□□□ | demyera err seri S00 Soe the De tenders sapere deteriorate se rere Te ret □ preciuue’ prosecution or tis Procecciie, iat Never iicices TUONO: fait UrocONely Cements yas OT ee aT eas CO CO □□□ Y cosrtred= eser prey erent cee pent Te ee er cre OHROsHaRhFRREHORE BO ROTEbim A POTH mEsee HORE Ey -amand desieodstndaneine f □□□□□□□□□□□□□□□□□□□□□ edendantnquaterss eee etl eget Sey □□□□ ‘ORDERED =D FEDS ED tit DE CREED ee Cee Oe eee ee ere □□ Her □□ eee eee eee □□□ ee Te SO eT eCTTen | debeenbdoecene egy siarispaa mind hh Gnerisbe hemeerntian alten ele tins etlon tinal chehet ae rePere reer hebrret pr cette pr rtrerr of rs pr eceee re ser ne rer rete seer re rer ret see rey cers rreresel oS erase to rrr rT errr Cae =e rere Peper □□ i rrr ee Pere eesti thy er eam eeenseree (| ven eh ohne sepperethe Gonrestesehteenwnred moore detemered serie reese declarer Abindadeiiiiiiiaduih dinbiiadckain □□ tein pis Geli OIIEe en RAAT aa OREO ataaea □□□ f Blea rertrrse terres eo arse Serer ee □□ Sa eS ae ila i nel el dalled alle □□□□ BIR eile SER eRe Dalai vital eel □□□ tate Si cite □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ haste □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ S ORDERED DIED GEP-d DECREE rete Steno ets □□□□□□□□□□□□□□□□□□□□□□□ Dated: White Plains, New York my August 11, 2021 / wae will hold an inquest to assess damages and sanctions on September at 10:00 A.M. "A motion for sanctions ... must 'be made separately Kenneth M. Karas, U.S.D.J. other motions or requests’ and must ‘describe the specific conduct to violate [the rule]. Nuwesra v. Merrill Lynch, Fenner & Smith, Inc., 87, 94 (2d Cir. 1999) (alteration in original) (quoting Fed. R. Civ. P. □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ The Court reminds Plaintiffs’ counsel that "[w]her, a COWL jij that attorneys’ fees and costs should be used as sanctions under 11, the award should be based both on the total amount of reagonable attorneys’ fees and costs attributable to the sanctioned pat and the amount needed to serve the deterrent purposes of Rule 11." Offor v. Mercy Med. Ctr., 327 F.R.D. 32, 34 (E.D.D (emphasis added). Thus, the notion that the Court might order Defendant to pay Plaintiffs’ total litigation costs from the star is a nonstarter. Any request for attorneys’ fees and other sanctions must have a basis in fact and governing case law. Plaintiffs may submit their proposed damages assessment and sanctions motion no later than August 27, 2021. □ assessment and sanctions motion should be accompanied by documentary evidence and a supporting memorandum of |