Crespo et al v. The Republic of Argentina
| Mirta Guadalupe Fornara, Maria L. Crespo, Horacio Alberto Crespo and Maria Crespo |
| The Republic of Argentina |
| 1:2007cv11457 |
| December 18, 2007 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Loretta A Preska |
| Contract: Other |
| 28 U.S.C. § 1330 |
| None |
Docket Report
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This docket was last retrieved on July 24, 2017. A more recent docket listing may be available from PACER.
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| SATISFACTION OF JUDGMENT re: #16 Judgment entered in favor of Horacio Alberto Crespo, Maria Crespo, Mirta Guadalupe Fornara and against The Republic of Argentina. Plaintiffs and the Republic have consummated a settlement pursuant to the terms of the Republic's February 5, 2016 Proposal and Plaintiffs agrred, inter alia, to accept an amount agreed-upon by the parties in full discharge and satisfaction in respect of any claim or court judgment in connection with the Bonds. Plaintiffs' final judgment has been fully satisfied by Republic's payment to Plaintiffs. Judgment satisfied on 07/13/2017. (km) |
| Transmission to Judgments and Orders Clerk. Transmitted re: #19 Order to the Judgments and Orders Clerk. (jwh) |
Filing 20
STIPULATION AND ORDER OF DISMISSAL: NOW, THEREFORE, plaintiffs, by their attorneys Silvia Bolatti, Esq., P.C., and the Republic, by its attorneys Cleary Gottlieb Steen & Hamilton LLP, HEREBY STIPULATE AND AGREE THAT: Plaintiffs' claims are hereby dismissed pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) with prejudice and without costs. The Clerk of the Court shall mark this action closed and all pending motions denied as moot. (The Republic of Argentina terminated.) (Signed by Judge Loretta A. Preska on 7/13/2017) (jwh)
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Filing 19
ORDER OF SATISFACTION OF JUDGMENT: WHEREAS, plaintiffs' Final Judgment has been fully satisfied by the Republic's payment to plaintiffs; NOW, THEREFORE, full satisfaction of plaintiffs' Final Judgment is hereby acknowledged, and the Clerk of the Court is hereby authorized and directed to make an entry of full satisfaction on the docket. (Signed by Judge Loretta A. Preska on 7/13/2017) (jwh)
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| NOTICE OF CASE REASSIGNMENT to Judge Loretta A. Preska. Judge Thomas P. Griesa is no longer assigned to the case. (ma) |
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Filing 18
SECOND AMENDED AND SUPPLEMENTAL ORDER OF APPOINTMENT OF SPECIAL MASTER: The Order for Appointment of Special Master, June 23, 2014, as amended and supplemented by the Amended and Supplemental Order of Appointment of Special Master, November 3, 2014, is further amended and supplemented as follows: 1. From and after April 22, 2016, Elliot Capital Management and Aurelius Capital Management, who have settled their claims with the Republic of Argentina, shall have no further responsibility for the fees and expenses of the Special Master. 2. From and after April 22, 2016, those parties who avail themselves of the services of the Special Master in negotiations with the Republic of Argentina shall have responsibility for their share of the fees and expenses of the Special Master. 3. The Special Master shall have the right to invoice the clients of Morgan Lewis & Bockius and Duane Morris for his services from April 22, 2016 through June 22, 2016 (and for services thereafter as the Special Master may determine appropriate) by invoicing the law firms as the representatives of their clients. These clients shall include Attestor Master Value Fund LP; Bybrook Capital Master Fund LP; Hazelton Master Fund LP; Trinity Investments Limited; White Hawthorne, LLC; and White Hawthorne II, LLC. Unless otherwise agreed between and among these clients, each shall be responsible for an equal share of one-half of the Special Master's fees and expenses. The Republic of Argentina shall remain responsible for its one-half of the Special Master's fees and expenses. 4. This Order shall apply to the above-captioned cases, all of which remain open, as well as any other cases against the Republic of Argentina in which the parties avail themselves of the services of the Special Master. 5. In all other respects the Order of Appointment of Special Master, June 23, 2014, as amended and supplemented by Order of November 3, 2014, shall remain in full force and effect. SO ORDERED. (Signed by Judge Thomas P. Griesa on 6/20/2016) (kl)
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Filing 17
OPINION #105791: The motion for summary judgment is granted. Judgment will be entered for the principal amount of the Bond issued by Argentina, plus interest. Settle judgment. (As further set forth in this Order) (Signed by Judge Thomas P. Griesa on 8/21/2015) (kl) Modified on 8/24/2015 (soh).
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Filing 16
JUDGMENT: It is hereby, ORDERED, ADJUDGED AND DECREED that Plaintiffs shall recover from Argentina as follows: With respect to the bond in the principal amount of $529,000, bearing CUSIP: 040114GF1/ISIN:US040114GF14, with a maturity date of December 19, 2008, a coupon rate of 7% from December 19, 2001, and a coupon rate of 15.5% after June 20, 2004, Plaintiff Horacio Alberto Crespo shall recover from Argentina $2,004,219, which is comprised of (i) $529,000 (representing the unpaid value of the principal on the bond); plus (ii) $55,545 (representing the unpaid 7% interest on the principal on the bond through June 19, 2004); plus (iii) $918,344 (representing the unpaid 15.5% interest on the bond after June 20, 2004, through August 31, 2015) and (iv) $501,330 (representing interest on the unpaid interest, calculated at the statutory rate of 9% through August 31, 2015). With respect to the bond in the principal amount of $362,000, bearing CUSIP:040114GF1/ISIN:US040114GF14, with a maturity date of December 19,2008, a coupon rate of 7%from December 19, 2001, and a coupon rate of 15.5% after June 20, 2004, Plaintiffs Horacio Alberto Crespo, Mirta Guadalupe Fomara, Maria L. Crespo and Maria Crespo shall recover from Argentina $1,371,507, which is comprised of (i) $362,000 (representing the unpaid value of the principal on the bond); plus (ii) $38,010 (representing the unpaid 7% interest on the principal on the bond through June 19, 2004); plus (iii) $628,432 (representing the unpaid 15.5% interest on the bond after June 20, 2004, through August 31, 2015) and (iv) $343,065 (representing interest on the unpaid interest, calculated at the statutory rate of 9% through August 31, 2015). It is further ORDERED that, until further notice from the Court, the plaintiffs must refrain from selling or otherwise transferring their interest in the bonds involved in this action without advising the Court in advance and obtaining the permission of the Court. Dated: New York, New York. (As further set forth in this Order) (Signed by Judge Thomas P. Griesa on 8/21/2015) (kl) Modified on 8/21/2015 (kl).
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| Filing 15 CONSENT LETTER addressed to Judge Thomas P. Griesa from Silvia Bolatti, Esq., attorney for plaintiffs Horacio Crespo, et al. dated August 21, 2015 re: Proposed consent Judgment/Proposed Order. Document filed by Horacio Alberto Crespo, Maria Crespo, Maria L. Crespo, Mirta Guadalupe Fornara.(Bolatti, Silvia) |
| Filing 14 RULE 56.1 STATEMENT. Document filed by Horacio Alberto Crespo, Maria Crespo, Maria L. Crespo, Mirta Guadalupe Fornara. (Bolatti, Silvia) |
| Filing 13 MEMORANDUM OF LAW in Support re: #11 FIRST MOTION for Summary Judgment . . Document filed by Horacio Alberto Crespo, Maria Crespo, Maria L. Crespo, Mirta Guadalupe Fornara. (Bolatti, Silvia) |
| Filing 12 AFFIDAVIT of Horacio Alberto Crespo in Support re: #11 FIRST MOTION for Summary Judgment .. Document filed by Horacio Alberto Crespo, Maria Crespo, Maria L. Crespo, Mirta Guadalupe Fornara. (Attachments: #1 Exhibit Crespo Dec. Ex. A, #2 Exhibit Crespo Dec. Ex. B (Part 1), #3 Exhibit Crespo Dec. Ex. B (Part 2), #4 Exhibit Crespo Dec. Ex. C)(Bolatti, Silvia) |
| Filing 11 FIRST MOTION for Summary Judgment . Document filed by Horacio Alberto Crespo, Maria Crespo, Maria L. Crespo, Mirta Guadalupe Fornara. Return Date set for 2/9/2015 at 10:00 AM.(Bolatti, Silvia) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Silvia L. Bolatti to RE-FILE Document #10 FIRST MOTION for Summary Judgment . ERROR(S): Supporting Documents are filed separately, each receiving their own document #. Supporting Documents are found under the Event Type - Replies, Opposition and Supporting Documents; Rule 56.1 Statement is found under - Other Answers. (db) |
| Filing 10 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for Summary Judgment . Document filed by Horacio Alberto Crespo, Maria Crespo, Maria L. Crespo, Mirta Guadalupe Fornara. Return Date set for 2/9/2015 at 10:00 AM. (Attachments: #1 Affidavit Crespo Declaration, #2 Exhibit Crespo Dec. Ex. A, #3 Exhibit Crespo Dec. Ex. B (Part ), #4 Exhibit Crespo Dec. Ex. B (Part 2), #5 Exhibit Crespo Dec. Ex. C, #6 Supplement Rule 56.1 Statement, #7 Supplement Memorandum of Law, #8 Text of Proposed Order Proposed Order Granting Summary Judgment)(Bolatti, Silvia) Modified on 1/5/2015 (db). |
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Filing 9
ORDER granting #8 Letter Motion to Reopen Case. Approved. (Signed by Judge Thomas P. Griesa on 10/31/2014) (ajs)
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| Filing 8 FIRST LETTER MOTION to Reopen Case closed pursuant to Minute Order addressed to Judge Thomas P. Griesa from Silvia Bolatti, Esq. dated August 4, 2014. Document filed by Horacio Alberto Crespo, Maria Crespo, Maria L. Crespo, Mirta Guadalupe Fornara. Return Date set for 8/25/2014 at 10:00 AM. (Attachments: #1 Notice of Motion and Crespo Declaration, #2 Crespo Dec, Ex. A, #3 Crespo Dec., Ex. B, #4 Crespo Dec., Ex. C, #5 Rule 56.1 Statement; Memorandum of Law; Proposed Opinion)(Bolatti, Silvia) |
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Filing 7
(DUPLICATE) MINUTE ORDER PURSUANT TO MEMORANDUM FROM THE ADMINISTRATIVE OFFICE OF THE U.S. COURTS, DATED JUNE 15TH, 1973....Case Closed administratively pursuant to Memorandum from the Administrative Office of the United States Courts dated June 15th, 1973.... (Signed by Judge Loretta A. Preska on 12/1/2011) ***Original filed in 00-cv-8869. (jfe)
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| Filing 6 NOTICE of Compliance with Order dated October 19, 2010 re: #5 Order,,,,. Document filed by Horacio Alberto Crespo, Maria Crespo, Maria L. Crespo, Mirta Guadalupe Fornara. (Griffith, Edward) |
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Filing 5
ORDER REQUIRING PLAINTIFFS TO INFORM THE REPUBLIC OF ARGENTINA AS TO PARTICIPATION IN THE 2010 EXCHANGE OFFER: Counsel for all plaintiffs in the above-captioned actions must inform counsel to the Republic as to (a) whether any of the plaintiffs in their cases are Tendering Holders who participated in the 2010 Exchange Offer, and, if so, confirm the amounts and bond identification numbers (ISINs ) for any interests tendered into the 2010 Exchange Offer, and (b) the amounts and ISINs for any interests still held by plaintiffs in the above-captioned actions and still subject to litigation. The above-described information must be transmitted to counsel for the Republic, Carmine D. Boccuzzi, Cleary Gottlieb Steen & Hamilton LLP, One Liberty Plaza, New York, New York 10006, by no later than November 5, 2010; and The Clerk of the Court is directed to cause this Order to be entered into all cases listed in this Order, including both ECF and non-ECF cases. (Signed by Judge Thomas P. Griesa on 1019/2010) (jpo)
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| Filing 4 CERTIFICATE OF SERVICE of Answer of Defendant served on Silvia L. Bollatti, Esq. on March 4, 2008. Service was made by First Class Mail. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 3 ANSWER to Complaint. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) |
| Filing 2 NOTICE OF CASE ASSIGNMENT to Judge Thomas P. Griesa. Judge Unassigned is no longer assigned to the case. (jeh) |
| CASE ACCEPTED AS RELATED. Create association to 1:06-cv-03276-TPG. Notice of Assignment to follow. (jeh) |
| Magistrate Judge Gabriel W. Gorenstein is so designated. (jeh) |
| Filing 1 COMPLAINT against The Republic of Argentina. (Filing Fee $ 350.00, Receipt Number 636670)Document filed by Horacio Alberto Crespo, Mirta Guadalupe Fornara, Maria L. Crespo, Maria Crespo.(mbe) |
| SUMMONS ISSUED as to The Republic of Argentina. (mbe) |
| Case Designated ECF. (mbe) |
| CASE REFERRED TO Judge Thomas P. Griesa as possibly related to 1:06-cv-3276. (mbe) |
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