Bybrook Capital Master Fund LP et al v. The Republic of Argentina
| Bybrook Capital Master Fund LP and Bybrook Capital Hazelton Master Fund LP |
| The Republic of Argentina |
| The Bank of New York Mellon |
| 1:2015cv02369 |
| March 30, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of U.S. |
| Thomas P Griesa |
| Loretta A Preska |
| Contract: Other |
| 28 U.S.C. § 1332 oc Diversity-Other Contract |
| None |
Docket Report
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| USCA Appeal Fees received $ 505.00 receipt number 6190 on 9/21/2022 re: #65 Notice of Appeal filed by The Republic of Argentina..(nd) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #65 Notice of Appeal filed by The Republic of Argentina were transmitted to the U.S. Court of Appeals..(nd) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #65 Notice of Appeal..(nd) |
| Filing 65 NOTICE OF APPEAL. Document filed by The Republic of Argentina. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Boccuzzi, Carmine) |
| Filing 64 SEALED DOCUMENT placed in vault..(jus) |
| Filing 63 NOTICE OF APPEARANCE by Dennis H. Hranitzky on behalf of Bybrook Capital Hazelton Master Fund LP, Bybrook Capital Master Fund LP..(Hranitzky, Dennis) |
| NOTICE OF CASE REASSIGNMENT to Judge Loretta A. Preska. Judge Thomas P. Griesa is no longer assigned to the case. (jc) |
Filing 62
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 61
ORDER: On March 2, 2016, the court granted the Republic of Argentina's motion to vacate the pari passu injunctions upon the occurrence of two conditions precedent: (1) The Republic repeals all legislative obstacles to settlement with the FAA bondholders, including the Lock Law and the Sovereign Payment Law; (2) For all plaintiffs that entered into agreements in principle with the Republic on or before February 29, 2016, the Republic must make full payment in accordance with the specific terms of each such agreement. The Republic must also notify the court once those plaintiffs have all received full payment. Some plaintiffs appealed that March 2 vacatur order. On April 13, 2016, the Court of Appeals heard oral argument on the appeal and affirmed the vacatur order from the bench. The Court of Appeals then issued a written order, holding that this court did not abuse its discretion in ordering that the injunctions would be vacated upon satisfaction of the two conditions precedent. Aurelius Capital Master, Ltd. v. Republic of Argentina, No. 16-628, sum. order at 21 (2d Cir. Apr. 15, 2016). The Court of Appeals also noted that, at the time the Republic certifies it has satisfied the conditions precedent, this court should "take steps... to determine whether the conditions have indeed been met." Id. The Republic now certifies that it has satisfied the conditions precedent. In support of certification, the Republic submits two sworn declarations. The first is the declaration of Undersecretary of Finance Santiago Bausili, which shows that the Republic has repealed all legislative obstacles to settlement, including the Lock Law and the Sovereign Payment Law. The second is the declaration of Matthew Dukes, Director of Deutsche Bank Securities, which lists the settlement payments made to every plaintiff that entered into an agreement in principle by February 29, 2016. For each payment, the Dukes declaration confirms the plaintiffs name, settlement amount, and Fedwire reference number. Having carefully reviewed the Republic's submissions, the court now finds that the conditions precedent have been met. Accordingly, the injunctions are vacated in all cases. All stipulations of dismissal are to be filed with the court no later than 2:00 p.m. on April 25, 2016. (Signed by Judge Thomas P. Griesa on 4/22/2016) (tro)
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| Filing 60 LETTER addressed to Judge Thomas P. Griesa from Michael A. Paskin dated April 22, 2016 re: notifying the Court that the Republic has satisfied the two conditions precedent to vacatur of the injunctions pursuant to this Court's March 2, 2016 Opinion and Order. Document filed by The Republic of Argentina. (Attachments: #1 Declaration of Santiago Bausili with Exhibits, #2 Declaration of Matthew Dukes, #3 Exhibit to Dukes Declaration)(tro) |
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Filing 59
ORDER: IT IS HEREBY ORDERED that: Argentina shall identify promptly all series of Exchange Bonds to be paid by BNY Mellon under the Indenture (the "Exchange Bonds Payments"), listing for each series the interest to be paid and the interest per $1000 or euro 1000 (as applicable) principal amount of each series of Exchange Bonds. Upon the fulfillment of the two conditions precedent referenced in the March 2 Order vacating the Injunctions, Argentina is authorized and directed to perform all of its obligations under the Indenture including, without limitation, payment of all fees, expenses and other amounts owed or payable to BNY Mellon thereunder. Upon determination by this Court that the two conditions precedent referenced in the March 2 Order have been met and receipt of the information set forth in the preceding paragraph, BNY Mellon is authorized and directed to distribute amounts received from Argentina, including, without limitation, the funds which Argentina transferred into BNY Mellon's accounts at Banco Central de la Republica Argentina on June 26, 2014, in accordance with the Indenture. The record date for purposes of such payments shall be the fifth Business Day (as defined in the Indenture) after this Court determines that the two conditions precedent referenced in the March 2 Order have been met and the payment date of such amounts shall be no later than 15 days following such record date, as Argentina shall instruct BNY Mellon with no less than three Business Days written notice, and payments shall be made to Holders (as defined in the Indenture) of record as of the close of business on the record date. In accordance with the Indenture, such payments shall be prefunded by 1:00 p.m. local time on the Business Day (as defined in the Indenture) prior to the Payment Date. (As further set forth in this Order) (Signed by Judge Thomas P. Griesa on 4/19/2016) (kl)
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| Filing 58 LETTER addressed to Judge Thomas P. Griesa from Michael A. Paskin dated April 19, 2016 re: requesting that the Court issue the Proposed Order attached hereto as Exhibit A. Document filed by The Republic of Argentina. (Attachments: #1 Exhibit A--Proposed Order)(Paskin, Michael) |
| Filing 57 MANDATE of USCA (Certified Copy) as to #54 Notice of Interlocutory Appeal, filed by Bybrook Capital Master Fund LP, Bybrook Capital Hazelton Master Fund LP. USCA Case Number 16-0628(L). Ordered, Adjudged and Decreed that the opinion and Order of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 04/15/2016. (nd) |
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Filing 56
ORDER of USCA (Certified Copy) as to #54 Notice of Interlocutory Appeal, filed by Bybrook Capital Master Fund LP, Bybrook Capital Hazelton Master Fund LP. USCA Case Number 16-0628(L). On April 13, 2016, the Court heard oral argument in this consolidated expedited appeal taken from an order of the district court entered March 2, 2016. IT IS HEREBY ORDERED that the order of the district court is affirmed. A further order will follow in due course. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 04/14/2016. (nd)
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Filing 55
ORDER of USCA (Certified Copy) as to #54 Notice of Interlocutory Appeal, filed by Bybrook Capital Master Fund LP, Bybrook Capital Hazelton Master Fund LP. USCA Case Number 16-691. Appellants move to stay enforcement of the District Court's March 2, 2016 order pending resolution of the above-captioned appeals. Appellees consent to the motion. IT IS HEREBY ORDERED that the motion is GRANTED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 03/11/2016. (nd)
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| Filing 54 NOTICE OF INTERLOCUTORY APPEAL from #38 Memorandum & Opinion,,,. Document filed by Bybrook Capital Hazelton Master Fund LP, Bybrook Capital Master Fund LP. Filing fee $ 505.00, receipt number 0208-12032087. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Costantini, Anthony) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #54 Notice of Interlocutory Appeal,. (nd) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #54 Notice of Interlocutory Appeal, filed by Bybrook Capital Master Fund LP, Bybrook Capital Hazelton Master Fund LP were transmitted to the U.S. Court of Appeals. (nd) |
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Filing 53
OPINION AND ORDER: The court appreciates the arguments presented by all parties who spoke at yesterday's hearing. And the court does not take lightly the decision to lift the injunctions. But, ultimately, circumstances have changed so significantly as to render the injunctions inequitable and detrimental to the public interest. For the reasons outlined in the Indicative Ruling and this order, the court grants the Republic's motions to vacate the injunctions in all actions upon the occurrence of the two conditions precedent: (1) The Republic repeals all legislative obstacles to settlement with the FAA bondholders, including the Lock Law and the Sovereign Payment Law; (2) For all plaintiffs that entered into agreements in principle with the Republic on or before February 29, 2016, the Republic must make full payment in accordance with the specific terms of each such agreement. The Republic must also notify the court once those plaintiffs have all received full payment. (As further set forth in this Opinion) (Signed by Judge Thomas P. Griesa on 3/2/2016) (Attachments: #1 RULE 62.1 INDICATIVE RULING)(kl)
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| Minute Entry for proceedings held before Judge Thomas P. Griesa: Oral Argument held on 3/1/2016 re: (888 in 1:08-cv-06978-TPG) Letter, filed by The Republic of Argentina, (887 in 1:08-cv-06978-TPG) USCA Mandate Attorney Michael B. Mukasey, representing plaintiff EM Limited. Attorney Michael Shuster, representing plaintiffs Montreux and others. Attorney Michael A. Paskin, representing defendant, the Republic of Argentina.Attorney Christopher Clark, representing certain exchange bondholders. Attorneys Robert A. Cohen and Theodore B. Olson, representing plaintiff NML Capital, Ltd. Attorney Edward A. Friedman, representing plaintiffs Aurelius and Blue Angel. Attorney Michael C. Spencer, representing the Varela and other plaintiffs.Attorneys Anthony J. Costantini, Richard L. Levine, Anu Bhargava, Jennifer R. Scullion, P. Sabin Willett, and Jessica J. Sleater, representing certain other plaintiffs. Attorney Eric A. Schaffer, representing Bank of New YorkMellon. Hearing held.in re: requesting entry of an order by the court granting the Republic of Argentinas motions to vacate the injunctions. (See also Mandate (doc. no. 887) issued on February 24, 2016, and letterrequest dated February 25, 2016 (doc. no. 888).) The court reserves decision on all motions. See transcript.(Court Reporter Vincent Bologna) (Landers, Rigoberto) |
| Filing 52 LETTER addressed to Judge Thomas P. Griesa from Michael A. Paskin dated 02/29/2016 re: enclosing Memorandum of Law in Support of Defendant the Republic of Argentina's Motion for the Entry of Final Orders Conditionally Lifting the Pari Passu Injunctions.. Document filed by The Republic of Argentina. (Attachments: #1 Exhibit 1)(Hernandez, Damaris) |
| Filing 51 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #25 Order to Show Cause, Set Deadlines,,,,,, . Document filed by The Republic of Argentina. (Attachments: #1 Third Supplemental Declaration of Michael A. Paskin, #2 Second Supplemental Declaration of Undersecretary of Finance Santiago Bausili, #3 Exhibit 1 to Second Supplemental Declaration of Undersecretary of Finance Santiago Bausili, #4 Exhibit 2 to Second Supplemental Declaration of Undersecretary of Finance Santiago Bausili, #5 Exhibit 3 to Second Supplemental Declaration of Undersecretary of Finance Santiago Bausili, #6 Exhibit 4 to Second Supplemental Declaration of Undersecretary of Finance Santiago Bausili, #7 Exhibit 5 to Second Supplemental Declaration of Undersecretary of Finance Santiago Bausili, #8 Exhibit 6 to Second Supplemental Declaration of Undersecretary of Finance Santiago Bausili, #9 Exhibit 7 to Second Supplemental Declaration of Undersecretary of Finance Santiago Bausili, #10 Exhibit 8 to Second Supplemental Declaration of Undersecretary of Finance Santiago Bausili, #11 Exhibit 9 to Second Supplemental Declaration of Undersecretary of Finance Santiago Bausili, #12 Text of Proposed Order)(Paskin, Michael) |
| Filing 50 RESPONSE of The Bank of New York Mellon to Motion of The Republic of Argentina Seeking to Vacate Injunctions. Document filed by The Bank of New York Mellon. (Schaffer, Eric) |
| Filing 49 DECLARATION of Anthony J. Costantini in Opposition re: #48 Memorandum of Law in Opposition, #39 Letter,. Document filed by Bybrook Capital Hazelton Master Fund LP, Bybrook Capital Master Fund LP. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Costantini, Anthony) |
| Filing 48 MEMORANDUM OF LAW in Opposition re: #40 Order, Set Hearings,,,,,, #39 Letter, Memorandum of Law in Opposition to Argentina's Letter Motion Seeking Formalization of This Court's "Indicative Ruling," or, Alternatively, in Support of an Amended Order. Document filed by Bybrook Capital Hazelton Master Fund LP, Bybrook Capital Master Fund LP. (Costantini, Anthony) |
| Filing 47 NOTICE OF APPEARANCE by Richard L. Levine on behalf of Bybrook Capital Hazelton Master Fund LP, Bybrook Capital Master Fund LP. (Levine, Richard) |
| Filing 46 NOTICE OF APPEARANCE by Brian Scott Rosen on behalf of Bybrook Capital Hazelton Master Fund LP. (Rosen, Brian) |
| Filing 45 NOTICE OF APPEARANCE by David Efrem Yolkut on behalf of Bybrook Capital Hazelton Master Fund LP. (Yolkut, David) |
| Filing 44 NOTICE OF APPEARANCE by David Efrem Yolkut on behalf of Bybrook Capital Master Fund LP. (Yolkut, David) |
| Filing 43 NOTICE OF APPEARANCE by Brian Scott Rosen on behalf of Bybrook Capital Master Fund LP. (Rosen, Brian) |
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Filing 42
ORDER: Certain plaintiffs have requested an adjournment of the hearing presently scheduled for 1:30 p.m. on March 1, 2016. In light of the circumstances underlying this litigation, it is desirable for all parties to know the court's disposition with respect to the injunctions and to arrive at a prompt resolution so that any order may be reviewed by the Court of Appeals. All plaintiffs have had notice of the Republic of Argentina's motion to vacate the injunctions in all cases since February 11, 2016. Many plaintiffs have already submitted voluminous briefs on this issue, both in this court and in the Court of Appeals. And, as outlined in the court's February 25 scheduling order, the parties may file further briefing, if they wish, by noon on February 29, 2016. Before this court issues any formal order on the Republic's motion to vacate, all parties will have had a meaningful opportunity to be heard both orally and in written briefs. The hearing will take place at 1:30 p.m. on March 1, 2016. SO ORDERED. (Signed by Judge Thomas P. Griesa on 2/26/2016) (kl)
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Filing 40
ORDER: On February 19, 2016, this court issued a Rule 62.1 Indicative Ruling. The Court of Appeals remanded the above-captioned actions after hearing argument on February 24, 2016. The Court of Appeals also instructed the Republic of Argentina to file a motion requesting that this court formally enter the Indicative Ruling as an order, giving notice of the motion to all parties, and affording those parties an opportunity to be heard in this court. The Republic of Argentina has now filed such a motion. The court will hear argument on the motion in these actions at 1:30 p.m. on March 1, 2016. Any party wishing to submit further papers may do so by noon on February 29, 2016. SO ORDERED. (Oral Argument set for 3/1/2016 at 01:30 PM before Judge Thomas P. Griesa.) (Signed by Judge Thomas P. Griesa on 2/25/2016) (kl)
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| Filing 39 LETTER addressed to Judge Thomas P. Griesa from Michael A. Paskin dated 02/25/2016 re: entry of the Republic's motions and requesting that this Court hold a hearing on the Republic's Motions to Vacate the Injunctions Entered by this Court on November 21, 2012, and October 30, 2015. Document filed by The Republic of Argentina. (Attachments: #1 Exhibit A)(Hernandez, Damaris) |
| Filing 41 MANDATE of USCA (Certified Copy) as to #24 Notice of Appeal, filed by The Republic of Argentina. USCA Case Number 15-3672. The Republic of Argentina has moved to dismiss with prejudice all of the appeals consolidated respectively under 15-1060(L) and 15-3675(L) in order to allow the district court, upon motion, to enter the order indicated in its indicative ruling of February 19, 2016. Plaintiffs-appellees in 15-3675(L) have moved to refer certain motions on that docket to this panel. Following review of the parties submissions in support of and opposition to dismissal and referral, as well as oral argument, the motion to refer appellants motion for remand is GRANTED, but that motion for remand is now reviewed as a motion to dismiss with prejudice consistent with Argentinas amendment at argument. The two pending motions to dismiss with prejudice are GRANTED pursuant to the parties agreement, confirmed in open court, as follows: 1. Before the indicative ruling is formally entered as an order, Argentina will file a motion in the district court seeking such relief, giving notice of the motion to all parties, and affording them an opportunity to be heard in the district court. 2. Argentina agrees to a stay of up to two weeks of any district court order formalizing the indicative ruling so that parties opposing the order can file a notice of appeal within two business days and seek a further stay of the order from a motions panel of this court pending appeal. Any such appeals will be consolidated for review by this court, and any party seeking a stay is hereby excused from further requirements of Fed. R. App. P. 8. Jurisdiction over these cases is hereby returned to the district court with the parties agreement to the aforestated conditions, which contemplate that the district court will enter no order formalizing its indicative ruling except on a motion from Argentina, with notice to all parties and an opportunity to be heard, and that any order will be stayed for up to two weeks. All other pending motions on both dockets are hereby DENIED as moot.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 02/24/2016.(nd) |
| Filing 38 RULE 62.1 INDICATIVE RULING: For these reasons, the court now indicates that it would vacate the injunctions upon the occurrence of two conditions precedent: (1) The Republic repeals all legislative obstacles to settlement with the FAA bondholders, including the Lock Law and the Sovereign Payment Law; (2) For all plaintiffs that enter into agreements in principle with the Republic on or before February 29, 2016, the Republic must make full payment in accordance with the specific terms of each such agreement. The Republic must also notify the court once those plaintiffs have all received full payment. If the Court of Appeals remands to allow this court to grant the Republic's motion to vacate, the injunctions will be lifted automatically upon fulfillment of these two conditions. (As further set forth in this Ruling) (Signed by Judge Thomas P. Griesa on 2/19/2016) (kl) |
| Filing 37 LETTER addressed to Judge Thomas P. Griesa from Michael A. Paskin dated 02/19/2016 re: enclosing copies of EM Limited and Montreux Submissions. Document filed by The Republic of Argentina. (Attachments: #1 EM Limited and Montreux Submissions)(Slifkin, Daniel) |
| Filing 36 REPLY MEMORANDUM OF LAW in Support re: #25 Order to Show Cause, Set Deadlines,,,,,, . Document filed by The Republic of Argentina. (Attachments: #1 Second Supplemental Declaration of Michael A. Paskin, #2 Supplemental Declaration of Santiago Bausili)(Slifkin, Daniel) |
| Filing 35 MEMORANDUM OF LAW in Opposition re: #30 Memorandum of Law in Support, #25 Order to Show Cause, Set Deadlines,,,,,, Plaintiffs' Memorandum of Law and Joinder in Opposition to The Republic of Argentina's Motion to Vacate the Injunctions. Document filed by Bybrook Capital Hazelton Master Fund LP, Bybrook Capital Master Fund LP. (Jo, Suzan) |
| Filing 34 DECLARATION of Michael A. Paskin in Support re: #25 Order to Show Cause, Set Deadlines,,,,,,. Document filed by The Republic of Argentina. (Attachments: #1 Exhibit A, #2 Exhibit B)(Paskin, Michael) |
| Filing 33 LETTER addressed to Judge Thomas P. Griesa from Michael A. Paskin dated February 12, 2016 re: enclosing copies of EM Limited and Montreux Submissions. Document filed by The Republic of Argentina. (Attachments: #1 EM Limited and Montreux Submissions)(Paskin, Michael) |
| Filing 32 DECLARATION of Santiago Bausili in Support re: #25 Order to Show Cause, Set Deadlines,,,,,,. Document filed by The Republic of Argentina. (Paskin, Michael) |
| Filing 31 DECLARATION of Michael A. Paskin in Support re: #25 Order to Show Cause, Set Deadlines,,,,,,. Document filed by The Republic of Argentina. (Attachments: #1 Exhibits A-K)(Paskin, Michael) |
| Filing 30 MEMORANDUM OF LAW in Support re: #25 Order to Show Cause, Set Deadlines,,,,,, . Document filed by The Republic of Argentina. (Paskin, Michael) |
| Filing 29 NOTICE OF APPEARANCE by Michael A Paskin on behalf of The Republic of Argentina. (Paskin, Michael) |
| Filing 28 NOTICE OF APPEARANCE by David Aaron Herman on behalf of The Republic of Argentina. (Herman, David) |
| Filing 27 NOTICE OF APPEARANCE by Damaris Hernandez on behalf of The Republic of Argentina. (Hernandez, Damaris) |
| Filing 26 NOTICE OF APPEARANCE by Daniel Slifkin on behalf of The Republic of Argentina. (Slifkin, Daniel) |
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Filing 25
ORDER TO SHOW CAUSE: It is hereby ORDERED Plaintiffs show cause before this Court on February 18, 2016, why this Court should not issue an indicative ruling pursuant to Federal Rule of Civil Procedure 62.1 indicating that this Court will, upon remand from the Second Circuit, issue an order pursuant to Rules 54(b), 60(b)(5) and/or 60(b)(6) of the Federal Rules of Civil Procedure, vacating the injunction entered in this matter on October 30, 2015, without further action of the Court, upon the occurrence of the following conditions precedent: (As further set forth in this Order.) Show Cause Response due by 2/16/2016, at noon and Replies due by 2/18/2016, at noon. (Signed by Judge Thomas P. Griesa on 2/11/2016) (Attachments: #1 Exhibit 1, #2 Exhibit 2)(kko) Modified on 2/11/2016 (kko).
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| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #24 Notice of Appeal,. (nd) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #24 Notice of Appeal, filed by The Republic of Argentina were transmitted to the U.S. Court of Appeals. (nd) |
| Filing 24 NOTICE OF APPEAL from #23 Memorandum & Opinion,,,. Document filed by The Republic of Argentina. Filing fee $ 505.00, receipt number 0208-11613764. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Boccuzzi, Carmine) |
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Filing 23
Vacated as per Judge's Order dated 4/22/2016, Doc. #61.OPINION AND ORDER #105995: For these reasons, the court grants plaintiffs' motions for specific performance. The Republic is ordered to specifically perform its obligations to plaintiffs under the pari passu clause by making ratable payments to plaintiffs any time it makes, or attempts to make, payments on the Exchange Bonds. The Republic is enjoined from violating the pari passu clause and from taking any action to evade the purposes and directives of this order. Within three days, the Republic shall provide copies of this order to all participants in the payment process of the Exchange Bonds. These participants shall be bound by this order, as provided by Rule 65(d)(2), and prohibited from aiding and abetting any violation of this order. (As further set forth in this Order) (Signed by Judge Thomas P. Griesa on 10/30/2015) (kl) Modified on 11/2/2015 (ca). Modified on 4/22/2016 (tro).
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Filing 22
OPINION AND ORDER #105972: In an order issued on June 5, 2015, the court granted partial summary judgment to plaintiffs in thirty-six separate actions. See, e.g., Opinion and Order, NML Capital, Ltd. v. Republic of Argentina, 14-cv-8601 (TPG) (S.D.N.Y.). Plaintiffs in fifteen additional actions, like the plaintiffs just referred to, hold defaulted bonds issued by defendant, the Republic of Argentina, pursuant to a contract known as the 1994 Fiscal Agency Agreement. Plaintiffs in these fifteen actions now move for partial summary judgment, asking the court to rule that the Republic violated, and continues to violate, the pari passu clause of the agreement by issuing and paying on new debts while refusing to pay on plaintiffs' bonds. The court grants plaintiffs' motions for partial summary judgment in these fifteen actions on the same basis as stated in the June 5 order for the other actions. The Republic has raised the same arguments here as it did prior to the June 5 order, and the court rejects them again. Where necessary, plaintiffs in these fifteen actions have submitted adequate proof of ownership of their bonds, and the Republic offers no new arguments to persuade the court that a different outcome is warranted here. Plaintiffs in these fifteen actions have shown there is no genuine issue as to any material fact and are entitled to judgment as a matter of law. Fed. R. Civ. P. 56(c). It is hereby declared, adjudged, and decreed in these actions that the Republic violated, and continues to violate, Paragraph (1)(c) of the 1994 Fiscal Agency Agreement. (Signed by Judge Thomas P. Griesa on 10/22/2015) (kl) Modified on 10/26/2015 (ca). (Main Document 22 replaced on 10/26/2015) (kl).
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Filing 21
ORDER: The court will hear argument on the motions for specific performance filed in these cases at 2:00p.m. on October 28, 2015. (Oral Argument set for 10/28/2015 at 02:00 PM before Judge Thomas P. Griesa.) (Signed by Judge Thomas P. Griesa on 10/15/2015) (kl)
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| Filing 20 REPLY MEMORANDUM OF LAW in Support re: #8 MOTION for Partial Summary Judgment . . Document filed by Bybrook Capital Hazelton Master Fund LP, Bybrook Capital Master Fund LP. (Costantini, Anthony) |
| Filing 19 REPLY MEMORANDUM OF LAW in Support re: #12 MOTION Specific Performance . . Document filed by Bybrook Capital Hazelton Master Fund LP, Bybrook Capital Master Fund LP. (Costantini, Anthony) |
| Filing 18 MEMORANDUM OF LAW in Opposition re: #12 MOTION Specific Performance . . Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 17 DECLARATION of Elizabeth C. Block, dated October 13, 2015 in Opposition re: #12 MOTION Specific Performance .. Document filed by The Republic of Argentina. (Attachments: #1 Exhibit A)(Boccuzzi, Carmine) |
| Filing 16 COUNTER STATEMENT TO #11 Rule 56.1 Statement. Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 15 MEMORANDUM OF LAW in Opposition re: #8 MOTION for Partial Summary Judgment . . Document filed by The Republic of Argentina. (Boccuzzi, Carmine) |
| Filing 14 DECLARATION of Elizabeth C. Block, dated October 9, 2015 in Opposition re: #8 MOTION for Partial Summary Judgment .. Document filed by The Republic of Argentina. (Attachments: #1 Exhibit A)(Boccuzzi, Carmine) |
| Filing 13 MEMORANDUM OF LAW in Support re: #12 MOTION Specific Performance . . Document filed by Bybrook Capital Hazelton Master Fund LP, Bybrook Capital Master Fund LP. (Costantini, Anthony) |
| Filing 12 MOTION Specific Performance . Document filed by Bybrook Capital Hazelton Master Fund LP, Bybrook Capital Master Fund LP. (Attachments: #1 Text of Proposed Order)(Costantini, Anthony) |
| Filing 11 RULE 56.1 STATEMENT. Document filed by Bybrook Capital Hazelton Master Fund LP, Bybrook Capital Master Fund LP. (Costantini, Anthony) |
| Filing 10 MEMORANDUM OF LAW in Support re: #8 MOTION for Partial Summary Judgment . . Document filed by Bybrook Capital Hazelton Master Fund LP, Bybrook Capital Master Fund LP. (Costantini, Anthony) |
| Filing 9 DECLARATION of Anthony J. Costantini, Esq. in Support re: #8 MOTION for Partial Summary Judgment .. Document filed by Bybrook Capital Hazelton Master Fund LP, Bybrook Capital Master Fund LP. (Attachments: #1 Exhibit A- Position and P&L Report)(Costantini, Anthony) |
| Filing 8 MOTION for Partial Summary Judgment . Document filed by Bybrook Capital Hazelton Master Fund LP, Bybrook Capital Master Fund LP.(Costantini, Anthony) |
| Filing 7 ANSWER to #1 Complaint,,,. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) |
| CASE ACCEPTED AS RELATED. Create association to 1:08-cv-06978-TPG. Notice of Assignment to follow. (pgu) |
| NOTICE OF CASE ASSIGNMENT to Judge Thomas P. Griesa. Judge Unassigned is no longer assigned to the case. (pgu) |
| Magistrate Judge Gabriel W. Gorenstein is so designated. (pgu) |
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Filing 6
NOTICE OF VOLUNTARY PARTIAL DISMISSAL WITHOUT PREJUDICE UNDER FED. R. CIV. P. 41(a)(1)(A)(i): PLEASE TAKE NOTICE that, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Defendant Republic of Argentina having not yet served an answer to the Complaint or motion for summary judgment in the above-entitled action, Plaintiffs Bybrook Capital Master Fund LP and Bybrook Hazelton Master Fund LP (together, "Plaintiffs"), hereby dismiss, without prejudice and without costs to any party, Plaintiffs' Eighth Claim for Relief for breach of contract on the US040114AH34 Bonds and Plaintiffs' Tenth Claim for Relief for specific enforcement of the Equal Treatment Provisions of the 1993 FAA and 1993 FAA Prospectus and for injunctive relief. SO ORDERED. (Signed by Judge Robert W. Sweet, Part I, on 4/20/2015) (ajs)
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| Filing 5 NOTICE of of Voluntary Partial Dismissal without Prejudice Under FED. R. CIV. P. 41(a)(1)(A)(i). Document filed by Bybrook Capital Hazelton Master Fund LP, Bybrook Capital Master Fund LP. (Costantini, Anthony) |
| Filing 4 SUMMONS RETURNED EXECUTED Summons and Complaint served. The Republic of Argentina served on 3/31/2015, answer due 6/1/2015. Service was accepted by Arlene M. Flores, Assistant Vice President. Document filed by Bybrook Capital Master Fund LP; Bybrook Capital Hazelton Master Fund LP. (Costantini, Anthony) |
| Filing 3 CIVIL COVER SHEET filed. (moh) (rz). |
| Filing 2 STATEMENT OF RELATEDNESS re: that this action be filed as related to 08cv6978. Document filed by Bybrook Capital Hazelton Master Fund LP, Bybrook Capital Master Fund LP.(moh) (rz). |
| Filing 1 COMPLAINT against The Republic of Argentina. (Filing Fee $ 350.00, Receipt Number 465401121303)Document filed by Bybrook Capital Master Fund LP, Bybrook Capital Hazelton Master Fund LP.(moh) (rz). (Additional attachment(s) added on 4/7/2015: #1 cmp) (rz). (Additional attachment(s) added on 4/7/2015: #2 cmp) (rz). (Additional attachment(s) added on 4/7/2015: #3 cmp) (rz). (Additional attachment(s) added on 4/7/2015: #4 cmp) (rz). (Additional attachment(s) added on 4/7/2015: #5 cmp) (rz). (Additional attachment(s) added on 4/7/2015: #6 cmp) (rz). (Additional attachment(s) added on 4/7/2015: #7 cmp) (rz). (Additional attachment(s) added on 4/7/2015: #8 cmp) (rz). (Additional attachment(s) added on 4/7/2015: #9 cmp) (rz). (Additional attachment(s) added on 4/7/2015: #10 cmp) (rz). (Additional attachment(s) added on 4/7/2015: #11 cmp) (rz). (Additional attachment(s) added on 4/7/2015: #12 cmp) (rz). |
| SUMMONS ISSUED as to The Republic of Argentina. (moh) |
| Case Designated ECF. (moh) |
| CASE REFERRED TO Judge Thomas P. Griesa as possibly related to 08cv6978. (moh) |
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