Sabeniano v. Citibank N.A. New York (S.D.N.Y. ... - Letters Blogatory

Case 1:12-cv-01928-ALC-DCF Document 25 Filed 03/20/13 Page 3 of 13
October 16, 2006 order of the Supreme Court became final and executory on May 31, 2007.
To satisfy the October 16, 2006 judgment, Citibank deposited a check for approximately
$400,000 with the Philippine courts. Three Resolutions issued by the Supreme Court, dated
February 4, 2008, June 18, 2008, and August 27, 2008, stated Citibank had tendered all amounts
due and had no further obligations pursuant to the October 16, 2006 judgment. The trial court
issued an order on August 4, 2008, noting the Supreme Court had already determined Citibank
had satisfied all liabilities and agreeing Citibank had discharged its obligations to Plaintiff in
accordance with the Supreme Court's decision.
On March 15,2012, Plaintiff filed the instant Complaint, claiming a November 13,2002
judgment ofthe Supreme Court in the Philippines litigation awarded her $13,207,842.02 and
seeking to enforce this judgment against Citibank. Plaintiff claims the judgment is a true and
accurate copy ofthe Supreme Court decision. Defendant argues the November 13,2002
judgment was falsified by Plaintiff from a patchwork ofprior and subsequent decisions. After
unsuccessful attempts to locate the judgment submitted by Plaintiff in the court database,
Citibank submitted a letter to the Philippine Supreme Court dated April 12, 2011 requesting
verification ofthe decision. By Notice dated July 20,2011, the Supreme Court explained it
never issued a decision dated November 13, 2002 in the Sabeniano/Citibank case and directed
Plaintiff to show cause "why she should not be cited for contempt of Court for submitting the 13
November 2002 Decision which is spurious." (Prodigalidad Decl., Ex. 3, Dkt. No. 16-5.)
Plaintiff moved for summary judgment, and Citibank made a cross-motion to dismiss the
Complaint pursuant to Rule 12(b)(6) or 12(d). Plaintiff requests enforcement of the November
13, 2002 judgment awarding her additional money from Defendant. Defendant requests
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