Sims v. Bank of America: U.S.D.C., E.D.N.Y.  Class action filed in 2006 challenging a New York law concerning the restraint of bank accounts by creditors’ attorneys.  Plaintiffs allege that this law, as applied to accounts containing only electronically deposited exempt money such as Social Security or SSI benefits, violates the Due Process Clause and the Supremacy Clause of the U.S. Constitution. Defendants are the Chief Judge, the Chief Administrative Judge, several banks, and creditors’ attorneys.  Defendants moved to dismiss in a related case, Mayers v. New York Community Bancorp, which was filed first; their motions were denied.  Defendants then moved for certification of an interlocutory appeal; their motions were again denied.  The parties stipulated to class certification in Sims, which was approved by the Court.  Shortly before we were to file a motion for summary judgment, Governor Paterson signed into law the Exempt Income Protection Act, which will protect from restraint the first $2,500 in an account into which exempt money was directly deposited less than 45 days prior to the attempted restraint.  Because the new law prevents the most serious aspects of the harm complained of in the case, we are seeking approval from the Court for a voluntary withdrawal of the case.  (JGS, JP)