Free Motion for Miscellaneous Relief - District Court of Connecticut - Connecticut

- Case 3:00-cv-00835-CFD Document 535 Filed 11/O1/2007 Page 1 of 4
I UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT

INDYMAC BANK, F.S.B. _
Plaintiff CIVIL ACTION NO.
3:DOCV835 (CFD)
V.
MOSTAFA REYAD AND WAFA REYAD
Defendants
DATE: NOVEMBER 1, 2007
DEFENDANTS' RENEWAL MOTION FOR EXEMPTIONS
Defendant Mostafa Reyad and Co-Defendant Wafa Reyad, hereby
respectfully move this Court to Review and Rule upon the instant Renewal of
Motion of Exemptions based on the Second Circuit Ruling dated October 16,
2007. Moreover, in light of Material Evidence requested by Plaintiffs Subpoena
Duces served upon the Variable Annuity Life Insurance Company ("VALIC") to
attorney Joshua Cohen. Plaintiff has received that requested documents, a copy
is attached to the accompanied Memorandum of law. Tnese documents defeat
the false assumptions alleged by Plaintiff, relevant to Wafa Reyad’s contributions
of VALIC Annuity. In addition, Plaintiff fails to comply with Federal Rules of Civil I
· Procedure, Rule 7 (a), and inserted a surreply in opposition to Defendants Reply
to opposition to motion for exemptions, in Plaintiffs reply memorandum in
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_ __ Case 3:00-cv-00835-CFD Document 535 Filed 11/O1/2007 Page 2 0f 4
A support of Plaintiffs motion for turnover order dated August 28, 2007 (Doc #
527). Also, pursuant to C.G.S. Sec. 52381 (b)(g) and 52-3fi`i1(b)(h), Defendants
are claiming herein, two (2) annuities, Defendants did not claim it in their motion
for exemptions dated July 18, 2007 (Doc # 511). Defendants herein, respectly
move the Court to Declare the following properties are exempt from attachment,
execution or any other legal process:
1. VALIC, the Variable Annuity Life Insurance Company account number
4550744, in the amount approximately 8 125,000.
2. EOUITABLE, the Equitable Life Assurance Society of the United States,
Certificate number 98 501 734, in the amount approximately 8 150,000.
3. NEW ENGLAND, New England Financial, a l\/IetLife Affiliate, contract
number V 435143, in the amount approximately $ 27,000.
4. AMERICAN EXPRESS, Account number Ameriprise client number 1730
3073 8 001 in the amount approximately 35 80,000.
· 5. AETNA, ING Account Number C072188-AN in the amount approximately
$ 80,000.
8. ECIUITABLE, the Equitable Life Assurance Society ofthe United States,
policy number PN 88 097 885, in the amount approximately $ 125,000.
7. ECIUITABLE, the Equitable Life Assurance Society ofthe United States,
policy number PN 88 108 388, in the amount approximately 35 140,000.
8. Bank of America, belongs to ll/Iostafa Reyad up to S 1,000.
9. Hudson United Bank, belongs to Wafa Reyad up to 8 1,000.
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· · Case 3:00-cv-00835-CFD Document 535 Filed 11/O1/2007 Page 3 0f 4
CONCLUSION a
For reasons supported by legal authorities demonstrated in the
accompanying memorandum of law, the Honorable Court must Grant the instant
Renewal motion, Declare the above properties are not subject to attachments or
execution. The Court must award Defendants the damages of depriving
Defendants of their exempt assets for every year of the seven years of wrongful
attachments.
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I Case 3:00-cv-00835-CFD Document 535 Filed 11/O1/2007 Page 4 0f 4
The Defendant The Defendant
I\/Iostafa R a Wafa Reyad
By: By: {Q JA = I
l\/Iostafa e d Wafa Rey d
2077 Center Ave # 22D 2077 Center Ave # 22D
Pod Lee, NJ 07024 Fort Lee, NJ 07024
Day Phone 203-325-4100 Horne Phone 201—5B5·0502
CERTIFICATE OF SERVICE
The undersigned certifies that he hand delivered on the captioned date or before
a true and correct copy to Attorney David Schaefer at 271 Whitney Avenue, New
Haven, CT 06511
I I\/Iosta a yad
ri