Allen Applestein, et al v. Republic Argentina
Plaintiff: The Bank of New York Mellon, Allen, D.C.A. Grantor Trust and Pedro Kalbermann
Defendant: The Republic of Argentina
Interested Party: Profesion+Auge AFJP S.A., ACP Master, Ltd., Euro Bondholders, Origenes AFJP S.A., Blue Angel Capital I LLC, Met AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Aurelius Capital Master, Ltd., Consolidar AFJP S.A., Maxima AFJP S.A., Arauca Bit AFJP S.A. and Aurelius Opportunities Fund II, LLC
Appellant: Administracion Nacional de Seguridad Social
Case Number: 1:2002cv04124
Filed: May 31, 2002
Court: US District Court for the Southern District of New York
Presiding Judge: Loretta A Preska
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 bc
Jury Demanded By: None
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Docket Report

This docket was last retrieved on June 8, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 8, 2017 NOTICE OF CASE REASSIGNMENT to Judge Loretta A. Preska. Judge Thomas P. Griesa is no longer assigned to the case. (wb)
May 31, 2017 SATISFACTION OF JUDGMENT: re: 42 Judgment, entered In favor D.C.A. Grantor Trust, Pedro Kalbermann, The Bank of New York Mellon Against The Republic of Argentina, in the amount of $285,981.30. Judgment satisfied on 05/30/2017. (dt)
May 30, 2017 Opinion or Order Filing 161 ORDER OF SATISFACTION OF JUDGMENT re: 42 Judgment. NOW, THEREFORE, full satisfaction of plaintiffs' Final Judgment against the Republic 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 Thomas P. Griesa on 5/30/2017) (mro)
May 30, 2017 Opinion or Order Filing 160 STIPULATION AND ORDER OF DISMISSAL: NOW, THEREFORE, plaintiffs, by their attorneys Duane Morris LLP, and the Republic, by its attorneys Cleary Gottlieb Steen & Hamilton LLP, HEREBY STIPULATE AND AGREE THAT: 1. Plaintiffs' claims against the Republic of Argentina are hereby dismissed pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) with prejudice and without costs. (Signed by Judge Thomas P. Griesa on 5/30/2017) (mro)
May 30, 2017 Transmission to Judgments and Orders Clerk. Transmitted re: #161 Order,, to the Judgments and Orders Clerk. (mro)
April 20, 2016 Opinion or Order Filing 159 MEMO ENDORSEMENT on re: (119 in 1:05-cv-06599-TPG) Letter, filed by Antonietta Giuseppina Brioschi, Ruggero Rossini, Adriano Bettinelli, (174 in 1:03-cv-08120-TPG) Letter filed by Valerio Piacenza, (125 in 1:05-cv-00177-TPG) Letter, filed by Hilda Rupprecht, Agostino Consolini, Cesarino Consolini, Mario Giacometti, Verna Gualandi, (141 in 1:05-cv-02943-TPG) Letter, filed by Giovanni Giardina, Susanna Bretti, Roberto Berardocco, Vincenza Sabatelli, Carlo Bretti, Franco Pezze, Gianfranco Agostini, Sara Bartolozzi, Maria Robbiati, Anna Ferri, (188 in 1:04-cv-03314-TPG) Letter, filed by Sante Stefani, Tarcisia Dalbosco, Giorgio Bistagnino, Angelo Leoni, Luisella Guardincerri, Silvana Corato, Studio Legale Bennati, Gianfranco Guarini, Antonio De Francesco, Andrea Bonazzi, Orsolina Berra, Guilia Greggio, Anna Storchi, Giuseppina Corso, Martino Verna, Marcello Calanca, Francesco Mauro Ghezzi, Gian Francesco Cercato, Maria Rita Moretto, Maria Luigia Conti, Giancarlo Bartolomei Corsi, Angelina Salmistraro, Carla Morata, Alessandro Morata, Eugenia Re, Graziella Dacroce, Mauro Toso, Stefania Bonpensiere, Manuelito Toso, Adriano Rosato, Mario Vicini, Guglielmina Massara, Antonella Bacchiocchi, Romano Marton, Renate Tielman, Bruno Calmasini, Vincenzo Carbone, Giuseppina Caperrezza, Italia Camato, Stefano Bistagnino, Carmelo Maio, Falicina Gaioli, Anneliese Gunda Becker, Bruno Pappacoda, Laura Cosci, Filippo Bagolin, Elettra Casalini, Mirco Masina, Ugo Lorenzi, Valeria Toso, Francesco Corso, Angiolino Fusato, Francesco Foggiato, Giorgio Bennati, Gabriele Fusato, Maddalena Gaioli, Milena Ampalla, Maritza Lenti, Marco Cavalli, Luca Vitali, Mativa SRL, Barbara Ricchi, Rinaldo Frisinghelli, Rachele Bontempi, Claudio Mangano, (183 in 1:05-cv-06200-TPG) Letter, filed by Alfredo Pelli, Giuseppe Silvio Rossini, Ruggero Rossini, Antonietta Guiseppina Brioschi, Claudio Mori, Laura Rossini, Marinella Scalvi, Simonetta Montanari, Graziella Berchi, Raffaele Rossini, (142 in 1:04-cv-06594-TPG) Letter, filed by Giampaolo Montino, Renata Boscariol, Maurizio Sergi, Simona Staccioli, (126 in 1:05-cv-04299-TPG) Letter, filed by Massimo Bettoni, Carla Marini De Felic Arcangeli, (126 in 1:05-cv-10636-TPG) Letter filed by Carlo Farioli, (122 in 1:07-cv-05807-TPG) Letter filed by Donatella Zanotti Fragonara, Sergio Borgra, Marco Borgra, (132 in 1:04-cv-06137-TPG) Letter, filed by Tiziano Sasselli, Giovanna Ferro, Franco Pezze, Salvatore Melchionda, Graziella Bonadiman, Italia Camato, (120 in 1:07-cv-00098-TPG) Letter filed by Stefania Trentin, Pierluigi Lucibello Piani, Franco Trentin, (134 in 1:05-cv-04466-TPG) Letter, filed by Diego Castagna, Carafin S.A., Eufrosina De Stefano, (141 in 1:05-cv-03089-TPG) Letter, filed by Vito Zancaner, Giovanni Zanchelli, Ines Rota, Silvia Regoli, Bruno Mattioli, Matteo Zanichelli, Alessandra Regoli, Angelo Cottoni, (158 in 1:04-cv-07504-TPG) Letter, filed by Augusto Arcangeli De Felicis, Fernanda Angela Lovero, Antonella De Rosa Kunderfranco, Adriana Dell'Era, Giovanna Conenna, Manuela De Rosa Kunderfranco, Alberto Compare, Paola Rosa, Licia Stampfli-Rosa, Sabrina Parodi, Laura Anna Capurro, Giancarlo Ganapini, (164 in 1:03-cv-04693-TPG) Letter filed by Raimondo Iallonardo, Giovanni Carlotta, (108 in 1:05-cv-08195-TPG) Letter filed by Segio Lovati, (134 in 1:05-cv-06002-TPG) Letter, filed by Amato Mori, Monica Crozzoletto, Paolo Lisi, Graziano Adami, Elide Margnelli, Celestino Goglia, (158 in 1:02-cv-04124-TPG) Letter filed by D.C.A. Grantor Trust, (138 in 1:05-cv-08687-TPG) Letter, filed by Maria Ziliani, Giovanni Botti, Emanuele Botti, Alberto Baciucco, Otello Baciucco. ENDORSEMENT: APPROVED. SO ORDERED. (Signed by Judge Thomas P. Griesa on 4/20/2016) (mro) Modified on 6/2/2016 (mro).
April 19, 2016 Filing 158 PROPOSED LETTER addressed to Judge Thomas P. Griesa from Anthony J. Costantini, Esq. dated April 19, 2016 re: Transfer Title. Document filed by D.C.A. Grantor Trust. (Attachments: #1 Exhibit A)(Costantini, Anthony)
February 19, 2016 First Supplemental ROA Returned. [5 vols.] Supplemental Indexed record on Appeal Files for #153 Notice of Appeal, filed by D.C.A. Grantor Trust USCA Case Number 14-4221, returned from the U.S. Court of Appeals. (nd)
October 16, 2015 Filing 157 MANDATE of USCA (Certified Copy) as to #153 Notice of Appeal, filed by D.C.A. Grantor Trust. USCA Case Number 14-4221-cv. Ordered, Adjudged and Decreed that the order of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 10/16/2015. (nd)
December 29, 2014 Filing 156 First Supplemental ROA Sent to USCA (Index). Notice that the Supplemental Index to the record on Appeal for #153 Notice of Appeal, filed by D.C.A. Grantor Trust USCA Case Number 14-4221, 3 Copies of the index, Certified Supplemental Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (nd)
December 29, 2014 First Supplemental ROA Sent to USCA (File). [5 VOLS.] Supplemental Indexed record on Appeal Files for #153 Notice of Appeal, filed by D.C.A. Grantor Trust USCA Case Number 14-4221, were transmitted to the U.S. Court of Appeals. (nd)
November 19, 2014 Filing 155 LETTER addressed to Judge Thomas P. Griesa from Anthony Costantini, Esq. dated November 19, 2014 re: Knighthead Master Fund LP v. The Bank of New York Mellon. Document filed by Allen, D.C.A. Grantor Trust.(Costantini, Anthony)
November 7, 2014 Filing 154 LETTER addressed to Judge Thomas P. Griesa from Christopher J. Clark dated November 7, 2014 re: notification pursuant to November 6, 2014 order in Knighthead Master Fund LP v. The Bank of New York Mellon (2014). Document filed by Euro Bondholders.(Clark, Christopher)
November 7, 2014 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #153 Notice of Appeal, filed by D.C.A. Grantor Trust were transmitted to the U.S. Court of Appeals. (tp)
November 7, 2014 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #153 Notice of Appeal. (tp)
November 6, 2014 Filing 153 JOINT NOTICE OF APPEAL from #152 Order on Motion for Miscellaneous Relief, Order on Motion for Conference,,. Document filed by D.C.A. Grantor Trust. Filing fee $ 505.00, receipt number 0208-10289349. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: #1 Exhibit A- Schedule)(Costantini, Anthony)
October 27, 2014 Opinion or Order Filing 152 ORDER denying #130 Motion ; denying #148 Letter Motion for Conference. Plaintiffs have filed the instant motions seeking the turnover of a substantial part of the $539 million to them. Plaintiffs' motions are denied because the funds are located outside the United States in BNY's accounts at BCRA, as set forth within. Plaintiffs' motions are denied. SO ORDERED. (Signed by Judge Thomas P. Griesa on 10/27/2014) (ajs)
October 10, 2014 Filing 151 LETTER addressed to Judge Thomas P. Griesa from Anthony J. Costantini, Esq. dated October 10, 2014 re: Responding to the October 8th letter submitted by Mr. Friedman. Document filed by D.C.A. Grantor Trust.(Costantini, Anthony)
October 9, 2014 Filing 150 REPLY MEMORANDUM OF LAW in Support re: #130 MOTION for Turnover Order Against Bank of New York Mellon . . Document filed by D.C.A. Grantor Trust. (Costantini, Anthony)
October 9, 2014 Filing 149 DECLARATION of Anthony J. Costantini, ESQ in Support re: #130 MOTION for Turnover Order Against Bank of New York Mellon .. Document filed by D.C.A. Grantor Trust. (Attachments: #1 Exhibit X, #2 Exhibit Y, #3 Exhibit Z)(Jo, Suzan)
October 9, 2014 Filing 148 LETTER MOTION for Conference re: #130 MOTION for Turnover Order Against Bank of New York Mellon . addressed to Judge Thomas P. Griesa from Anthony Costantini, Esq. dated October 9, 2014. Document filed by D.C.A. Grantor Trust.(Costantini, Anthony)
October 8, 2014 Filing 147 LETTER addressed to Judge Thomas P. Griesa from Edward A. Friedman dated October 8, 2014 Document filed by Aurelius Capital Master, Ltd., ACP Master, Ltd., Aurelius Opportunities Fund II, LLC, Blue Angel Capital I LLC.(Friedman, Edward)
October 6, 2014 Opinion or Order Filing 146 MEMO ENDORSED ORDER granting #145 Letter Motion for Leave to File Excess Pages. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 10/6/2014) (ajs)
October 3, 2014 Filing 145 LETTER MOTION for Leave to File Excess Pages addressed to Judge Thomas P. Griesa from Anthony J. Costantini, Esq. dated October 3, 2014. Document filed by Allen.(Costantini, Anthony)
September 22, 2014 Filing 144 MEMORANDUM OF LAW in Opposition re: #130 MOTION for Turnover Order Against Bank of New York Mellon . dated, September 22, 2014. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
September 22, 2014 Filing 143 DECLARATION of 'Carmine D. Boccuzzi, dated September 22, 2014, with Exhibits A - E' in Opposition re: #130 MOTION for Turnover Order Against Bank of New York Mellon .. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
September 22, 2014 Filing 142 DECLARATION of Christopher J. Clark in Opposition re: #130 MOTION for Turnover Order Against Bank of New York Mellon .. Document filed by Euro Bondholders. (Attachments: #1 Exhibit 1 - Part 1, #2 Exhibit 1 - Part 2, #3 Exhibits 2-5, #4 Exhibit 6, #5 Exhibits 7-9, #6 Exhibits 10-11)(Clark, Christopher)
September 22, 2014 Filing 141 MEMORANDUM OF LAW in Opposition re: #130 MOTION for Turnover Order Against Bank of New York Mellon . . Document filed by Euro Bondholders. (Clark, Christopher)
September 22, 2014 Filing 140 DECLARATION of Evan K. Farber in Opposition re: #130 MOTION for Turnover Order Against Bank of New York Mellon .. Document filed by The Bank of New York Mellon. (Attachments: #1 Exhibit A - B, #2 Exhibit C - G)(Schaffer, Eric)
September 22, 2014 Filing 139 MEMORANDUM OF LAW in Opposition re: #130 MOTION for Turnover Order Against Bank of New York Mellon . . Document filed by The Bank of New York Mellon. (Schaffer, Eric)
September 12, 2014 Opinion or Order Filing 138 STIPULATION AND ORDER: IT IS HEREBY STIPULATED by and between the Undersigned counsel for the Applestein Plaintiffs, the Dussault Plaintiff and non-party BNY Mellon as follows: 1. BNY Mellon will file a consolidated opposition to the Motions on or before September 22, 2014; 2. The Applestein Plaintiffs and the Dussault Plaintifs will file their reply briefs in further support of the Motions on or before October 9, 2014; 3. Oral argument, if any, on the Motions will be heard at the same time, on a date and time to be determined by the Court. SO ORDERED. (Responses due by 9/22/2014, Replies due by 10/9/2014.) (Signed by Judge Thomas P. Griesa on 9/12/2014) (ajs)
September 5, 2014 Filing 137 NOTICE OF APPEARANCE by Evan K. Farber on behalf of The Bank of New York Mellon. (Farber, Evan)
September 5, 2014 Filing 136 NOTICE OF APPEARANCE by Christopher Neil Gray on behalf of The Bank of New York Mellon. (Gray, Christopher)
August 21, 2014 Opinion or Order Filing 135 STIPULATION: IT IS HEREBY STIPULATED by and between the undersigned counsel for plaintiffs in the above-captioned matters ("Plaintiffs") and non-party Bank of New York Mellon ("BNY Mellon") as follows: That the time for BNY Mellon to respond to Plaintiff's Motion for Turnover Order Against BNY Mellon (the "Motion for Turnover Order") shall be extended to and including September 15, 2014. That the time for Plaintiffs to reply in further support of the Motion for Turnover Order shall be extended to and including September 30, 2014. That BNY Mellon agrees to provide prompt notice to counsel for Plaintiffs of any court filing, statute, regulation, directive or any other non-confidential communication received from the Republic of Argentina, or any other person, that purports to affect the $539 Million in funds held by BNY Mellon that are the subject of the Motion for Turnover Order. (Responses due by 9/15/2014, Replies due by 9/30/2014.) (Signed by Judge Thomas P. Griesa on 8/21/2014) (ja) Modified on 8/22/2014 (ja).
August 20, 2014 Filing 134 NOTICE OF APPEARANCE by Eric Andrew Schaffer on behalf of The Bank of New York Mellon. (Schaffer, Eric)
August 20, 2014 Filing 133 LETTER MOTION for Extension of Time to File Response/Reply as to #130 MOTION for Turnover Order Against Bank of New York Mellon . addressed to Judge Thomas P. Griesa from Anthony Costantini dated August 20, 2014. Document filed by D.C.A. Grantor Trust. (Attachments: #1 Text of Proposed Order Proposed Order)(Costantini, Anthony)
August 7, 2014 Filing 132 MEMORANDUM OF LAW in Support re: #130 MOTION for Turnover Order Against Bank of New York Mellon . . Document filed by D.C.A. Grantor Trust. (Costantini, Anthony)
August 7, 2014 Filing 131 DECLARATION of Anthony J. Costantini, Esq. in Support re: #130 MOTION for Turnover Order Against Bank of New York Mellon .. Document filed by D.C.A. Grantor Trust. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W)(Costantini, Anthony)
August 7, 2014 Filing 130 MOTION for Turnover Order Against Bank of New York Mellon . Document filed by D.C.A. Grantor Trust.(Costantini, Anthony)
June 6, 2014 Opinion or Order Filing 129 STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Thomas P. Griesa on 6/6/2013) (rjm).
May 20, 2014 Opinion or Order Filing 128 STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Thomas P. Griesa on 5/20/2014) (lmb)
August 15, 2011 Transmission of USCA Mandate/Order to the District Judge re: #127 USCA Mandate,. (kj)
August 12, 2011 Filing 127 MANDATE of USCA (Certified Copy) as to #124 Notice of Appeal filed by Allen USCA Case Number 10-4834(Con). Ordered, Adjudged and Decreed that the orders of the District Court is REVERSED, in accordance with the opinion of this court. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 08/10/2011. (kj)
February 17, 2011 Appeal Record Returned. [4 vols.] Indexed record on Appeal Files for Appeal Record Sent to USCA - File, USCA Case Number 08-5619-cv, returned from the U.S. Court of Appeals. (nd)
January 11, 2011 Appeal Record Sent to USCA (File). Indexed record on Appeal Files for #124 Notice of Appeal filed by Allen USCA Case Number 10-5279, were transmitted to the U.S. Court of Appeals. (tp)
January 3, 2011 Filing 126 STIPULATION: It is hereby Stipulated and agreed that the Duane Morris Plaintiffs and the Republic agree that any decision or mandate issued by the United States Court of Appeals for the Second Circuit in the consolidated appeals of Capital Ventures International v. Republic of Argentina, 10-4520-cv (L); 10-4523-cv (CON), 10-4511-cv (CON), 10-4834 (CON) shall apply in the above-captioned cases as though identical appeals had been taken in those cases. (Signed by Judge Thomas P. Griesa on 1/3/2011) (jfe)
December 8, 2010 Filing 125 Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for #124 Notice of Appeal filed by Allen USCA Case Number 10-4834-cv, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (tp) (nd).
November 29, 2010 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #124 Notice of Appeal. (nd)
November 29, 2010 Transmission of Notice of Appeal to the District Judge re: #124 Notice of Appeal. (nd)
November 24, 2010 Filing 124 NOTICE OF APPEAL from #121 Order. Document filed by Allen Applestein TTEE FBO D.C.A. Grantor Trust. Filing fee $ 455.00, receipt number E 922393. (nd)
November 19, 2010 Filing 123 MEMO ENDORSEMENT on #122 MOTION TO WITHDRAW AS COUNSEL. ENDORSEMENT: APPROVED. Attorney Spensyr Ann Krebsbach terminated. (Signed by Judge Thomas P. Griesa on 11/19/2010) (lnl)
November 10, 2010 Filing 122 MOTION for Spensyr Ann Krebsbach, Esq. to Withdraw as Attorney. Document filed by D.C.A. Grantor Trust. (Attachments: #1 Exhibit Schedule A)(Jo, Suzan)
October 29, 2010 Opinion or Order Filing 121 ORDER MODIFYING ATTACHMENT AND RESTRAINING ORDERS. Upon the settlement of the Proposed Exchange, the FRBNY shall be permitted to liquidate the pro rata share of the Brady Principal Collateral attributable to the Brady Bonds tendered in the Proposed Exchange and transfer the proceeds of the pro rata share of the Brady Principal Collateral directly to any tendering holders of Brady Bonds, or to a custodian designated to receive that property in trust on their behalf, provided that the procedures referred to in paragraph 2 are carried out. The holders of security entitlements Brady Bonds and the parties to the Collateral Pledge Agreement (USD Series) between Argentina, the FRBNY and Citibank, dated April 7, 1993 and the Collateral Pledge Agreement (DMK Series) between Argentina, the FRBNY and Citibank, N.A., dated April 7, 1993, (together, the "Collateral Pledge Agreements"), shall be permitted to take any steps consistent with the amendment provisions in the Collateral Pledge Agreements necessary to amend the Collateral Pledge Agreements in order to permit the process described in the above paragraph 1. This order shall be stayed (the "Stay") pending appeal, conditioned upon the pursuit of an expedited appeal by Capital Ventures International ("CVI") and any plaintiffs in the Me Too Actions listed in Addendum A. The Stay shall not apply to paragraph 2 of this Order. However, any amendment to the Collateral Pledge Agreement shall not become effective, nor shall the process described in paragraph 1 of this Order occur, until the vacatur of the Stay. Relates to 05-4085, 06-207 and cases listed on attached Addendum A. (Signed by Judge Thomas P. Griesa on 10/29/10) (rjm)
October 27, 2010 Filing 120 NOTICE OF APPEARANCE by Suzan Jo on behalf of D.C.A. Grantor Trust (Jo, Suzan)
October 25, 2010 Filing 119 SEALED DOCUMENT placed in vault.(nm)
October 25, 2010 Filing 118 SEALED DOCUMENT placed in vault.(nm)
October 19, 2010 Opinion or Order Filing 117 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 10/19/2010) Filed In Associated Cases: 1:02-cv-04124-TPG, 1:09-cv-07059-TPG, 1:09-cv-08275-TPG, 1:09-cv-08299-TPG(jpo)
October 12, 2010 Filing 116 SEALED DOCUMENT placed in vault.(dn)
September 23, 2010 Filing 115 MANDATE of USCA (Certified Copy) as to 63 Notice of Appeal filed by The Republic of Argentina USCA Case Number 08-2849-cv....that the appeal is hereby WITHDRAWN pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 09/23/2010. (nd)
June 11, 2010 Opinion or Order Filing 114 OPINION: For the reasons stated in this Opinion, Plaintiffs' motions to confirm the various orders are denied. Defendants' cross-motion to vacate is granted. (Signed by Judge Thomas P. Griesa on 6/11/2010) (jpo) (jpo).
May 21, 2010 Filing 113 BANCO CENTRAL DE LA REPUBLICA ARGENTINA'S REPLY IN FURTHER SUPPORT OF CROSS-MOTION TO VACATE AND QUASH ALL EXPARTE ORDERS. Document filed by Banco Central de La Republica Argentina. (Received in the night deposit box on 5/21/10 at 5:27pm) (mro)
May 21, 2010 Filing 112 THE REPUBLIC OF ARGENTINA'S REPLY BRIEF IN FURTHER SUPPORT OF MOTION TO VACATE AND QUASH ALL EX PARTE ATTACHMENT ORDERS. Document filed by The Republic of Argentina. (Received in the night deposit box on 5/21/10 at 6:33pm) (mro)
April 30, 2010 Opinion or Order Filing 111 ORDER AUTHORIZING TENDER OF BENEFICIAL INTERESTS FOR PURPOSES OF PARTICIPATION IN THE 2010 EXCHANGE OFFER that 1) Any plaintiff in the above-listed cases who holds a judgment and wishes to participate in the 2010 Exchange Offer may tender the beneficial interests in the Eligible Securities underlying such judgment in accordance with the terms of the 2010 Exchange Offer, and 2) 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. So Ordered. (Signed by Judge Thomas P. Griesa on 4/29/10) (cd)
April 8, 2010 Opinion or Order Filing 110 ORDER, The 2/11 Ex Parte Order is hereby vacated in all respects and replaced by this Order. The 1/10 Ex Parte Orders are hereby vacated as to contract carriers that transport or deliver paper and coin currency from the FRBNY to BCRA, including without limitation the contract-carrier arm of Brinks, with respect to the physical transportation of paper and coin currency from the FRBNY to BCRA in Argentina. In all other respects, the 1/10 Ex Part Orders remain in effect as of the date they were served, pending further order of the Court. The 2/11 Ex Parte Motion and all supporting papers, all papers in opposition to the 2/11 Ex Parte Motion, and all related motions to confirm or vacate the relief granted herein, shall be treated by all parties as "Highly Confidential Information" and filed under seal in accordance with the provisions of the Stipulated Protective Order dated 9/10/08 attached hereto as Annex A.....Nothing herein shall constitute an express or implied waiver of sovereign immunity, nor consent by any party to personal or subject matter jurisdiction. (Signed by Judge Thomas P. Griesa on 3/8/20) (cd)
March 29, 2010 Filing 109 CERTIFICATE OF SERVICE of Cross Motion to Vacate and Quash, Memorandum of Law, BCRA's Response, Declaration of Michael J. Ushkow served on David W. Rivkin, Esq, et al on 3/26/10. Service was made by email and federal express. (mro)
March 29, 2010 Filing 108 CR0SS-MOTION to Vacate and Quash Ex Parte Orders. Document filed by Banco Central de La Republica Argentina.(mro)
March 29, 2010 Filing 107 BANCO CENTRAL DE LA RUPUBLICA ARGENTINA'S RESPONSE TO PLAINTIFF'S NEW ALTER EGO ALLEGATIONS. Document filed by Banco Central De La Republica Argentina. (mro)
March 29, 2010 Filing 106 The Republic of Argentinas Joinder in Banco Central De La Republica Argentinas Response dated 3/26/10 to Plaintiffs New Alter Ego Allegations and requests that plaintiffs motions be denied. Document filed by The Republic of Argentina.(pl)
March 29, 2010 Filing 104 SEALED DOCUMENT placed in vault.(nm)
March 26, 2010 Filing 105 The Republic of Argentina's Joinder in Banco Central de la Republica Argentina's March 26, 2010 submissions and memorandum of law in further opposition to plaintiffs' motion to confirm ex parte attachment order. Document filed by The Republic of Argentina.(mbe)
March 15, 2010 Filing 103 SEALED DOCUMENT placed in vault.(jri)
March 12, 2010 Opinion or Order Filing 102 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Joseph E. Neuhaus dated 3/8/2010 re: Counsel for Banco Central de la Republica Argentina request that the Court extend the confidentiality requirements of the 2/11/2010 Ex Parte Order to additional cases as further set forth in this letter. The plaintiffs in each of these cases have been served with the 2/11/2010 Ex Parte Order. The current request is necessary to allow counsel to file under seal the already-served papers in each of those cases. ENDORSEMENT: SO ORDERED. (Signed by Judge Thomas P. Griesa on 3/12/2010) (tro)
March 3, 2010 Filing 101 MANDATE of USCA (Certified Copy) as to (29 in 1:05-cv-10383-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (107 in 1:05-cv-02434-TPG) Notice of Appeal filed by The Republic of Argentina, (41 in 1:07-cv-05593-TPG) Notice of Appeal, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., (36 in 1:07-cv-10656-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (34 in 1:05-cv-10383-TPG) Notice of Appeal, filed by Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Arauca Bit AFJP S.A.Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A, (38 in 1:07-cv-06563-TPG) Notice of Appeal,, filed by Union de Administradoras de Fondos De Jubilaciones Y Pensiones, (31 in 1:04-cv-03313-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (145 in 1:03-cv-08845-TPG) Notice of Appeal, filed by The Republic of Argentina, (51 in 1:07-cv-02690-TPG) Notice of Appeal, filed by The Republic of Argentina, (20 in 1:07-cv-00098-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (125 in 1:05-cv-02434-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (195 in 1:03-cv-02507-TPG) Notice of Appeal,, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., (129 in 1:03-cv-08845-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (25 in 1:05-cv-04299-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (55 in 1:08-cv-02541-TPG) Notice of Appeal, filed by The Republic of Argentina, (67 in 1:02-cv-03804-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (47 in 1:02-cv-03808-TPG) Notice of Appeal filed by Argentina Republic, (23 in 1:05-cv-10636-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (41 in 1:07-cv-02693-TPG) Notice of Appeal filed by The Republic of Argentina, (46 in 1:03-cv-08120-TPG) Notice of Appeal filed by The Republic of Argentina, (34 in 1:05-cv-10380-TPG) Notice of Appeal, filed by Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Arauca Bit AFJP S.A.Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A, (39 in 1:05-cv-02521-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (57 in 1:07-cv-02715-TPG) Notice of Appeal filed by The Republic of Argentina, (56 in 1:07-cv-02715-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (102 in 1:05-cv-04085-TPG) Notice of Appeal filed by Republic of Argentina, (27 in 1:05-cv-06002-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (72 in 1:06-cv-06466-TPG) Notice of Appeal, filed by The Republic of Argentina, (19 in 1:06-cv-06221-TPG) Notice of Appeal, filed by The Republic of Argentina, (33 in 1:05-cv-03089-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (133 in 1:03-cv-08845-TPG) Notice of Appeal,, filed by Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Arauca Bit AFJP S.A.Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A, (48 in 1:08-cv-03302-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (65 in 1:06-cv-06466-TPG) Notice of Appeal, filed by Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Arauca Bit AFJP S.A.Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A, (19 in 1:07-cv-11495-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (58 in 1:07-cv-11327-TPG) Notice of Appeal filed by The Republic of Argentina, (54 in 1:08-cv-03302-TPG) Notice of Appeal, filed by The Republic of Argentina, (20 in 1:06-cv-06221-TPG) Notice of Appeal, (27 in 1:07-cv-05593-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (46 in 1:08-cv-06978-TPG) Notice of Appeal, filed by The Republic of Argentina, (32 in 1:05-cv-10382-TPG) Notice of Appeal, filed by Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Arauca Bit AFJP S.A.Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A, (18 in 1:06-cv-14299-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (43 in 1:04-cv-03314-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (46 in 1:07-cv-01910-TPG) Notice of Appeal,, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., (59 in 1:07-cv-11327-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (99 in 1:05-cv-04085-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (18 in 1:06-cv-03198-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (22 in 1:06-cv-06221-TPG) Notice of Appeal, filed by Arauca Bit AFJP S.A., Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Unidos S.A. AFJP, (17 in 1:07-cv-00689-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (26 in 1:05-cv-06200-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (60 in 1:07-cv-11327-TPG) Notice of Appeal, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., (19 in 1:07-cv-11496-TPG) Notice of Appeal, (37 in 1:05-cv-10380-TPG) Notice of Appeal filed by The Republic of Argentina, (108 in 1:05-cv-04085-TPG) Notice of Appeal, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., (41 in 1:08-cv-06978-TPG) Notice of Appeal, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., (44 in 1:07-cv-02693-TPG) Notice of Appeal,, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., (57 in 1:05-cv-10380-TPG) Amended Notice of Appeal filed by The Republic of Argentina, (20 in 1:07-cv-02788-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (18 in 1:07-cv-00937-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (19 in 1:08-cv-00440-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (51 in 1:03-cv-09538-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (46 in 1:07-cv-02690-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (35 in 1:05-cv-10382-TPG) Notice of Appeal filed by The Republic of Argentina, (34 in 1:04-cv-07056-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (9 in 1:08-cv-06625-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (9 in 1:08-cv-05436-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (58 in 1:06-cv-00207-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (37 in 1:04-cv-06594-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (50 in 1:08-cv-02541-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (22 in 1:06-cv-06032-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (59 in 1:07-cv-02715-TPG) Notice of Appeal,, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., (45 in 1:07-cv-01910-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (46 in 1:07-cv-06563-TPG) Notice of Appeal, filed by The Republic of Argentina, (29 in 1:05-cv-02943-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (34 in 1:05-cv-00178-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (24 in 1:05-cv-08687-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (37 in 1:07-cv-06563-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (51 in 1:08-cv-02541-TPG) Notice of Appeal, filed by Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Arauca Bit AFJP S.A.Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A, (27 in 1:05-cv-10382-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (42 in 1:07-cv-02693-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (64 in 1:06-cv-06466-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (98 in 1:05-cv-02434-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (28 in 1:05-cv-00177-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (21 in 1:06-cv-07100-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (194 in 1:03-cv-02507-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (51 in 1:02-cv-03808-TPG) Notice of Appeal, filed by Arauca Bit AFJP S.A., Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP
February 16, 2010 Opinion or Order Filing 100 OMNIBUS ORDER....that the Duane Morris Plaintiffs' attorneys and their respective employees are hereby specially appointed pursuant to FRCP 4.1, in addition to the US Marshals Service for the SDNY, to serve on any garnishee located within the jurisdiction of this Court, an Attachment Order issued on this date....that opposing papers, if any, are to be served upon counsel for the Duane Morris Plaintiffs', Duane Morris LLP, 1540 Broadway, NY NY 10036, attention Anthony J. Costantini, Esq. (Signed by Judge Thomas P. Griesa on 2/4/10) (cd)
February 16, 2010 Opinion or Order Filing 99 ATTACHMENT ORDER....that the Duane Morris Plaintiffs' order of attachment is granted in its entirety, effective, unless earlier vacated, through the entry of an execution or order pursuant to 28 USC 1610(c) following entry of a judgment for the Plaintiffs in the Pending Alter-Ego Action; and that the amount to be secured by this Order is $135,081,685.55, and as further set forth in this document. (Signed by Judge Thomas P. Griesa on 2/4/10) (cd)
February 11, 2010 Filing 98 JOINDER to join Motion for Confirmation of Orders of Attachment, Dated January 19, 2010, brought by Plaintiffs in 1:06cv7792, 1:07cv1910, 1:07cv6563, 1:08cv2451, 1:08cv6978, 1:09cv1707 and 1:09cv1708.. Document filed by D.C.A. Grantor Trust. (Attachments: #1 Exhibit A)(Costantini, Anthony)
February 5, 2010 Filing 97 NOTICE OF APPEARANCE by Spensyr Ann Krebsbach on behalf of D.C.A. Grantor Trust (Krebsbach, Spensyr)
February 4, 2010 Writ of Execution Issued as to The Republic of Argentina on 02/04/2010 # 03,2660 in the amount of $ 285,981.30. (Signed by Judge Judge Thomas P. Griesa on 02/04/2010). (dt)
February 4, 2010 Opinion or Order Filing 96 ORDER ON WRIT OF EXECUTION issued by the Court dated February 2, 2010, Final Judgment having been entered in the above-captioned action in the Southern District of New York on December 20, 2003, in favor of Plaintiff Allan Applestein and Allen Applestein TTEE FBO D.C.A. Grantor Trust (the "Duane Morris Plaintiffs"), and against Defendant The Republic of Argentina, the U.S. Marshals Service for the Southern District of New York (the "U.S. Marshal") is hereby directed to levy upon certain Property (as defined below), in satisfaction of the Final Judgment in the collective amount of $285,981.30, plus post judgment interest from December 30, 2003, on any unpaid portion thereof at the rate(s) specified in 28 U.S.C. 1961 (which, as of January 29,2010, had accrued in the amount of $156,474.86 on the judgment in favor of the Duane Morris Plaintiffs), until the Final Judgment and post judgment interest are satisfied in full. Upon information and belief, Defendant's last known address is that of its authorized service agent, Banco de la Nacion Argentina (hereinafter "BCRA"), 299 Park Avenue, New York, New York 10171, as appointed in the Fiscal Agency Agreement underlying the Final Judgment. Pursuant to N.Y. C.P.L.R. 5205 (1), $2,500.00 of an account containing direct deposit, or electronic payments reasonably identifiable as statutorily exempt payments, as defined in paragraph two of subdivision to N.Y. C.P.L.R. 5205(1), is exempt from execution and that the garnishee cannot levy upon or restrain two thousand five hundred dollars in such an account. Pursuant to N.Y. C.P.L.R. 5222(i), an execution shall not apply to an amount equal to or less than 90% of the greater of 240 times the federal minimum hourly wage prescribed in the Fair Labor Standards Act of 1938 or 240 times the state minimum hourly wage prescribed in 652 of the Labor Law as in effect at the time the earnings are payable, except such part as a court determines to be unnecessary for the reasonable requirements of the judgment debtor and his or her dependents. It is SO ORDERED (Signed by Judge Thomas P. Griesa on 2/4/2010) (jmi) Modified on 2/4/2010 (jmi). (Additional attachment(s) added on 2/4/2010: # 1 main document) (jmi). (Additional attachment(s) added on 2/5/2010: # 4 Main Documents) (jmi). Modified on 2/5/2010 (jmi). (Additional attachment(s) added on 2/8/2010: # 6 MAIN) (jmi). (jmi).
February 3, 2010 Filing 95 NOTICE OF APPEARANCE by Anthony J. Costantini on behalf of D.C.A. Grantor Trust, Allen (Costantini, Anthony)
February 3, 2010 Filing 94 NOTICE OF APPEARANCE by Gerard S. Catalanello on behalf of D.C.A. Grantor Trust, Allen (Catalanello, Gerard)
December 7, 2009 Opinion or Order Filing 93 NOTICE OF MOTION TO WITHDRAW AS COUNSEL: Please take notice that Attorney Joel A. Chernov will be relieved as counsel of record for plaintiff Allan Applestein ENDORSEMENT: Motion Granted. So Ordered. (Signed by Judge Thomas P. Griesa on 12/7/09) (js)
December 7, 2009 Filing 92 TRUE COPY ORDER of USCA as to Notice of Appeal,, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A.; Notice of Appeal filed by Administracion Nacional de Seguridad Social USCA Case Number 08-5621-cv(L). The Court's December 2, 2009 order granting the Aurelius parties' motion to stay the mandate in order to petition the Supreme Court to grant a writ of certiorari is hereby vacated. The Aurelius parties' motion to stay the mandate in order to petition the Supreme Court to grant a writ of certiorari is construed as a motion to recall the mandate and to stay the mandate. So construed, it is granted and the mandate is recalled and stayed for twenty-one (21) days from the date of this order. The stay of the mandate will be terminated automatically twenty-one (21) days from the date of this order. Catherine O'Hagan Wolfe, Clerk USCA. Certified: 12/4/2009. [ORIGINAL ENTERED IN CASE : 07cv2715, DOC # 265]. (nd)
December 3, 2009 Opinion or Order Filing 91 ORDER of USCA (Certified Copy) as to (29 in 1:05-cv-10383-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (221 in 1:03-cv-02507-TPG) Amended Notice of Appeal, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., (59 in 1:07-cv-02693-TPG) Amended Notice of Appeal, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., (55 in 1:05-cv-10382-TPG) Amended Notice of Appeal filed by The Republic of Argentina, (36 in 1:07-cv-10656-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (106 in 1:08-cv-06978-TPG) Amended Notice of Appeal filed by Administracion Nacional de Seguridad Social, (31 in 1:04-cv-03313-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (33 in 1:07-cv-11497-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (21 in 1:07-cv-11495-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (129 in 1:07-cv-11327-TPG) Amended Notice of Appeal filed by The Republic of Argentina, (45 in 1:07-cv-06563-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (33 in 1:05-cv-10636-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (195 in 1:03-cv-02507-TPG) Notice of Appeal,, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., (99 in 1:07-cv-06563-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (25 in 1:05-cv-04299-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (31 in 1:05-cv-06002-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (47 in 1:02-cv-03808-TPG) Notice of Appeal filed by Argentina Republic, (46 in 1:03-cv-08120-TPG) Notice of Appeal filed by The Republic of Argentina, (154 in 1:03-cv-08845-TPG) Amended Notice of Appeal, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., (34 in 1:05-cv-10380-TPG) Notice of Appeal, filed by Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Arauca Bit AFJP S.A.Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A, (26 in 1:08-cv-06625-TPG) Amended Notice of Appeal filed by Administracion Nacional de Seguridad Social, (58 in 1:05-cv-10383-TPG) Amended Notice of Appeal filed by Administracion Nacional de Seguridad Social, (80 in 1:06-cv-00207-TPG) Amended Notice of Appeal filed by Republic of Argentina, (27 in 1:05-cv-08687-TPG) Amended Notice of Appeal filed by Administracion Nacional de Seguridad Social, (29 in 1:08-cv-00440-TPG) Amended Notice of Appeal filed by Administracion Nacional de Seguridad Social, (102 in 1:05-cv-04085-TPG) Notice of Appeal filed by Republic of Argentina, (71 in 1:08-cv-06978-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (168 in 1:03-cv-08845-TPG) Amended Notice of Appeal filed by The Republic of Argentina, (48 in 1:08-cv-03302-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (23 in 1:07-cv-05807-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (65 in 1:06-cv-06466-TPG) Notice of Appeal, filed by Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Arauca Bit AFJP S.A.Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A, (19 in 1:07-cv-11495-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (58 in 1:07-cv-11327-TPG) Notice of Appeal filed by The Republic of Argentina, (24 in 1:06-cv-07100-TPG) Amended Notice of Appeal filed by Administracion Nacional de Seguridad Social, (36 in 1:05-cv-05197-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (25 in 1:07-cv-11497-TPG) Amended Notice of Appeal filed by Administracion Nacional de Seguridad Social, (20 in 1:06-cv-06221-TPG) Notice of Appeal, (27 in 1:07-cv-05593-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (47 in 1:03-cv-08120-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (32 in 1:05-cv-10382-TPG) Notice of Appeal, filed by Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Arauca Bit AFJP S.A.Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A, (168 in 1:05-cv-02434-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (39 in 1:04-cv-06594-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (31 in 1:07-cv-05807-TPG) Amended Notice of Appeal filed by Administracion Nacional de Seguridad Social, (46 in 1:07-cv-01910-TPG) Notice of Appeal,, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., (31 in 1:05-cv-05197-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (153 in 1:03-cv-08845-TPG) Amended Notice of Appeal,, filed by Administracion Nacional de Seguridad Social, (120 in 1:08-cv-02541-TPG) Amended Notice of Appeal filed by The Republic of Argentina, (59 in 1:07-cv-11327-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (99 in 1:05-cv-04085-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (22 in 1:06-cv-06221-TPG) Notice of Appeal, filed by Arauca Bit AFJP S.A., Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Unidos S.A. AFJP, (75 in 1:07-cv-11327-TPG) Amended Notice of Appeal, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Previsol AFJP S.A., Unidos S.A. AFJP, Consolidar AFJP S.A., Origenes AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., (60 in 1:07-cv-11327-TPG) Notice of Appeal, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., (234 in 1:03-cv-02507-TPG) Amended Notice of Appeal filed by The Republic of Argentina, (44 in 1:07-cv-02693-TPG) Notice of Appeal,, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., (57 in 1:05-cv-10380-TPG) Amended Notice of Appeal filed by The Republic of Argentina, (108 in 1:07-cv-01910-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (51 in 1:03-cv-09538-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (113 in 1:07-cv-02715-TPG) Amended Notice of Appeal filed by The Republic of Argentina, (46 in 1:07-cv-02690-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (35 in 1:05-cv-10382-TPG) Notice of Appeal filed by The Republic of Argentina, (9 in 1:08-cv-06625-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (47 in 1:04-cv-01077-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (9 in 1:08-cv-05436-TPG) Notice of Appeal filed by Administracion Nacional de Seguridad Social, (81 in 1:06-cv-00207-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (28 in 1:06-cv-14299-TPG) Amended Notice of Appeal filed by Administracion Nacional de Seguridad Social, (40 in 1:05-cv-10380-TPG) Amended Notice of Appeal filed by Administracion Nacional de Seguridad Social, (38 in 1:05-cv-10383-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (29 in 1:05-cv-06200-TPG) Amended Notice of Appeal filed by Administracion Nacional de Seguridad Social, (34 in 1:04-cv-06137-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (39 in 1:04-cv-01077-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (31 in 1:07-cv-02607-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (33 in 1:05-cv-05197-TPG) Notice of Appeal, filed by Republic of Argentina, (45 in 1:07-cv-01910-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (35 in 1:05-cv-08195-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (56 in 1:05-cv-10382-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (129 in 1:06-cv-06466-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (44 in 1:04-cv-07056-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (42 in 1:05-cv-10382-TPG) Amended Notice of Appeal, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., (71 in 1:07-cv-01910-TPG) Amended Notice of Appeal, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., (32 in 1:04-cv-06137-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (33 in 1:04-cv-03313-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (29 in 1:05-cv-02943-TPG) Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (37 in 1:05-cv-00178-TPG) Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, (34 in 1:05-cv-00178-TPG) N
December 2, 2009 Transmission of USCA Mandate/Order to the District Judge re: #90 USCA Mandate. (tp)
December 1, 2009 Filing 90 MANDATE of USCA (Certified Copy) as to #72 Amended Notice of Appeal filed by Administracion Nacional de Seguridad Social, #82 Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, #76 Notice of Appeal, filed by Arauca Bit AFJP S.A., Futura AFJP S.A., Unidos S.A. AFJP, Consolidar AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., 67 Notice of Appeal, filed by Administracion Nacional de Seguridad Social USCA Case Number 08-5619-cv(CON); 09-0163-cv(CON). It is Ordered, Adjudged and Decreed that the judgment of the District Court is REVERSED and all of the associated orders as well as its opinion confirming those orders are VACATED, in accordance with the opinion of this Court. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 11/30/2009. (tp)
November 2, 2009 Filing 89 AFFIDAVIT OF SERVICE of Notice of Motion to Withdraw as Counsel and Declaration in Support of Motion served on Carmine D. Boccuzzi, Jr, Sheila M. Gowan, Lauren E. Aguiar, Michael C. Spencer, Anthony J. Constantini, Allan Appelstein on 10/29/09. Service was made by U.S. First Class Mail. (mro)
November 2, 2009 Filing 88 DECLARATION of Joel A. Chernov in Support re: 87 MOTION for Joel A. Chernov to Withdraw as Counsel pursuant to Rule 1.4 of the Local Rules of the United States District Court for the Southern District. Document filed by D.C.A. Grantor Trust. (mro)
November 2, 2009 Filing 87 MOTION for Joel A. Chernov to Withdraw as Counsel pursuant to Rule 1.4 of the Local Rules of the United States District Court for the Southern District. Document filed by D.C.A. Grantor Trust.(mro)
October 29, 2009 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney Joel Chernov to MANUALLY RE-FILE Document Declaration in Support, Document No. 85. This case is not ECF. (jar)
October 29, 2009 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney Joel Chernov to MANUALLY RE-FILE Document Affidavit of Service, Document No. 86. This case is not ECF. (jar)
October 29, 2009 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney Joel Chernov to MANUALLY RE-FILE Document Motion to Withdraw as Attorney, Document No. 84. This case is not ECF. (jar)
October 29, 2009 Filing 86 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - AFFIDAVIT OF SERVICE. Service was made by Mail. Document filed by Allen, D.C.A. Grantor Trust. (Chernov, Joel) Modified on 10/30/2009 (jar).
October 29, 2009 Filing 85 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - DECLARATION of Joel A. Chernov in Support re: #84 MOTION for Joel A. Chernov to Withdraw as Attorney.. Document filed by Allen, D.C.A. Grantor Trust. (Chernov, Joel) Modified on 10/30/2009 (jar).
October 29, 2009 Filing 84 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION for Joel A. Chernov to Withdraw as Attorney. Document filed by Allen, D.C.A. Grantor Trust.(Chernov, Joel) Modified on 10/30/2009 (jar).
September 17, 2009 Filing 83 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Citibank, NA on 6/24/09. Service was accepted by Bik Ying NG. Document filed by D.C.A. Grantor Trust, et al. (mro)
April 7, 2009 Transmission of Second Amended Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #82 2nd Amended Notice of Appeal,. (nd)
April 3, 2009 Filing 82 SECOND AMENDED NOTICE OF APPEAL re: 67 Notice of Appeal, #72 Amended Notice of Appeal, #79 Order. Document filed by Administracion Nacional de Seguridad Social. Copies mailed to attorney(s) of record: Cleary Gottlieb Steen & Hamilton, LLP; Chadbourne & Parke LLP; and Dreier LLP. (nd)
March 12, 2009 Opinion or Order Filing 81 ORDER: It is directed that the following error in the opinion of December 11, 2008 be corrected. In the last sentence of the first paragraph on page 25, the word "grant" should be changed to "waiver." The Court will issue an Amended Opinion with this correction, bearing the same date, December 11, 2008. So Ordered (Signed by Judge Thomas P. Griesa on 3/12/09) (js)
March 12, 2009 Opinion or Order Filing 80 AMENDED OPINION: The Court holds that the various forms of process described in this opinion, which were authorized as to the FJP Funds located in New York and any ANSES property located in New York, were legally valid at the time they were ordered by the Court and remain legally valid, for the reasons set forth in this opinion. The process as to FJP Funds remains in effect now that the assets of these funds are transferred to ANSES pursuant to the new law. This holding is based on the record now before the court. It appears that more discovery will take place, resulting in further development of the facts. This may make additional rulings of the court necessary. However, the court deemed it essential to issue an opinion now on the basis of the present record, and it is doing so. Plaintiffs are directed to submit, on notice, proposed orders specifically dealing with the various motions which have been made. So Ordered. (Signed by Judge Thomas P. Griesa on 12/11/08) (js)
March 4, 2009 Opinion or Order Filing 79 ORDER: The motions made in the Orders to Show Cause of October 29, November 5, November 6, November 7, November 12, and November 19, 2008, to authorize service of Writs of Execution and to permit the issuance of Restraining Notices, are granted. The Writs of Execution may be served, but no property may be seized except upon further order of the court. The court considers that its December 11, 2008 opinion applies to this additional Order to Show Cause, and the applications therein are granted, in a similar fashion as stated above. The motion for an attachment and for the issuance of Restraining Notices contained in one of the November 6,2008 Orders to Show Cause is granted. The motion of plaintiff NML Capital to confirm the Order of Attachment with regard to its eight cases (05 Civ. 2434, etc.) is granted. The court affirms the continued validity of its October 31, 2008 Order, as modified, permitting restraints and levies in 03 Civ. 2507 and 03 Civ. 8845. Insofar as the Republic moves to vacate the modified October 31, 2008 order in 03 Civ. 2507 and 03 Civ. 8845, that motion is denied. Insofar as the Republic moves to vacate the temporary relief granted to the plaintiffs pending the hearing of their main motions, the motion of the Republic regarding the temporary relief is denied as moot. NML's motion for expedited discovery is denied as moot. (Signed by Judge Thomas P. Griesa on 3/4/2009) (jpo)
January 22, 2009 Opinion or Order Filing 78 STIPULATION AND ORDER IT IS HEREBY STIPULATED AND AGREED THAT: Any decision by the Court of Appeals with respect to the Appeals or Consolidated Appeals shall apply with equal force to the Additional Orders; To the extent any decision by the Court of Appeals with respect to the Appeals or Consolidated Appeals distinguishes between prejudgment plaintiffs and post-judgment plaintiffs, such distinction shall apply with equal force to the Additional Orders; The plaintiffs in the above-captioned actions and the Fund Managers shall take any and all necessary steps with respect to the Additional Orders to effect any decision issued by the Court of Appeals with respect to the Appeals or Consolidated Appeals. (Signed by Judge Thomas P. Griesa on 1/16/09) (mme)
January 12, 2009 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #76 Notice of Appeal. (tp)
January 12, 2009 Transmission of Notice of Appeal to the District Judge re: #76 Notice of Appeal. (tp)
January 9, 2009 Filing 76 NOTICE OF APPEAL from #65 Order to Show Cause, #71 Memorandum & Opinion. Document filed by Arauca Bit AFJP S.A., Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Unidos S.A. AFJP. Filing fee $ 455.00, receipt number E 674371. Copies mailed to attorney(s) of record: Dreier LLP; Cleary Gottlieb Steen & Hamilton LLP; Skadden Arps Slate Meagher & Flom LLP. (tp)
January 6, 2009 ***DELETED DOCUMENT. Deleted document number 77 Endorsed Letter. The document was a duplicate of document #73. (tro)
January 6, 2009 Filing 75 DECLARATION of Marco E. Schnabl Attaching Previously Submitted Materials. Document filed by Administracion Nacional de Seguridad Social. (ae)
January 6, 2009 Opinion or Order Filing 74 STIPULATION AND ORDER: Any decision by the Court of Appeals with respect to the Appeals or Consolidated Appeals, including, but not limited to, any decision regarding the status of ANSES under the Foreign Sovereign Immunities Act, shall apply with equal force to the Additional Orders. To the extent any decision by the Court of Appeals with respect to the Appeals or Consolidated Appeals distinguishes between prejudgment plaintiffs and post-judgment plaintiffs, such distinction shall apply with equal force to the Additional Orders. The parties and interested non-party ANSES shall take any and all necessary steps with respect to the Additional Orders to effect any decision issued by the Court of Appeals with respect to the Appeals or Consolidated Appeals. (Signed by Judge Thomas P. Griesa on 1/5/09) (tro)
January 6, 2009 Opinion or Order Filing 73 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Carmine D. Boccuzzi, Jr. dated 12/22/08 re: Counsel submits a Stipulation and Proposed Order entered into by the Republic of Argentina, interested non-party ANSES, and the plaintiffs represented by Dreier LLP in the forty-nine cases listed in Annex A (herein). Plaintiffs in the Dreier Cases moved by Order to Show Cause on 11/6/08 regarding Argentine pension fund assets and obtained orders similar to the 10/29/08 Aurelius Order and 11/7/08 NML Orders, which the Republic and ANSES are currently appealing (among other related orders). Plaintiffs, the Republic, and ANSES have agreed that the outcome of the appeals referenced in the stipulation (e.g., Aurelius Capital Partners, LP, et al. v. Republic of Argentina, 07 Civ. 2715 (TPG); NML Capital Ltd. v. Republic of Argentina, 05 Civ. 2434 (TPG)) shall apply to the Dreier Cases. The parties to the stipulation respectfully request that the Court "So Order" the stipulation, and further Order by endorsing this letter that the Clerk of the Court shall docket the stipulation in each of the forty-nine cases listed in Annex A. ENDORSEMENT: SO ORDERED. (Signed by Judge Thomas P. Griesa on 1/5/09) (tro)
December 29, 2008 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #72 Amended Notice of Appeal. (nd)
December 29, 2008 Transmission of Notice of Appeal to the District Judge re: #72 Amended Notice of Appeal. (nd)
December 23, 2008 Filing 70 NOTICE OF APPEARANCE by Robert Edward Grossman on behalf of Arauca Bit AFJP S.A., Consolidar AFJP S.A., Futura AFJP S.A., Maxima AFJP S.A., Met AFJP S.A., Origenes AFJP S.A., Profesion+Auge AFJP S.A., Unidos S.A. AFJP (Grossman, Robert)
December 18, 2008 Filing 72 AMENDED NOTICE OF APPEAL re: 67 Notice of Appeal, #71 Memorandum & Opinion,. Document filed by Administracion Nacional de Seguridad Social. Copies mailed to attorney(s) of record: Dreier LLP; Cleary Gottlieb Steen & Hamilton LL P. (nd)
December 11, 2008 Opinion or Order Filing 71 OPINION # 96854. The court holds that the various forms of process described in this opinion, which were authorized as to the FJP Funds located in New York and any ANSES property located in New York, were legally valid at the time they were ordered by the court and remain legally valid, for the reasons set forth in this opinion. The process as to FJP Funds remains in effect now that the assets of these funds are transferred to ANSES pursuant to the new law. This holding is based on the record now before the court. It appears that more discovery will take place, resulting in further development of the facts. This may make additional rulings of the court necessary. However, the court deemed it essential to issue an opinion now on the basis of the present record, and it is doing so. Plaintiffs are directed to submit, on notice, proposed orders specifically dealing with the various motions which have been made. (Signed by Judge Thomas P. Griesa on 12/11/08) (mme)
December 11, 2008 Opinion or Order Filing 69 ORDER: The Clerk of the Court is directed to make entries on the dockets of the cases listed in the Annex to this order that indicate that the following documents, which were filed in the above-captioned cases, also apply to the cases listed in the Annex: The documents filed as entry nos. 49, 50, 51, 52, 53, 58, 60, and 63 on the docket of case 07-cv-2715; and The documents filed as entry nos. 47, 49, 50, and 51 on the docket of case 07-cv-11327; and The court's opinion dated December 11, 2008, which has been filed under case 07-cv-2715. (Signed by Judge Thomas P. Griesa on 12/11/2008) (kkc)
December 11, 2008 Appeal Record Sent to USCA (File). Indexed record on Appeal Files for 67 Notice of Appeal, filed by Administracion Nacional de Seguridad Social USCA Case Number 08-5619-cv, were transmitted to the U.S. Court of Appeals. (Total of 4 volumes of records delivered to V. Mathias of USCA on 12/11/2008). (nd)
December 10, 2008 Filing 68 Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for 67 Notice of Appeal, filed by Administracion Nacional de Seguridad Social USCA Case Number 08-5619- cv, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (nd) (nd).
November 20, 2008 Transmission of Notice of Appeal to the District Judge re: 67 Notice of Appeal. (tp)
November 20, 2008 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 67 Notice of Appeal. (tp)
November 19, 2008 Filing 67 NOTICE OF APPEAL from #65 Order to Show Cause. Document filed by Administracion Nacional de Seguridad Social. Filing fee $ 455.00, receipt number E 669192. Copies mailed to attorney(s) of record: Dreier LLP; Cleary Gottlieb Steen & Hamilton LLP. (tp)
November 17, 2008 Writ of Execution Issued as to The Republic of Argentina on 11/17/08 # 03,2660 in the amount of $ 285,981.30. (Signed by J. Michael McMahon, Clerk on 11/17/08). (dt)
November 17, 2008 Writ of Execution Issued as to The Republic of Argentina on 11/17/08 # 04,0909 in the amount of $ 1,396,976.19. (Signed by J. Michael McMahon, Clerk on 11/17/08). (dt)
November 10, 2008 Filing 66 AFFIDAVIT OF SERVICE of Order to Show Cause and Declaration of Joel A. Chernov served on Cleary, Gottlieb, Steen & Hamilton, attorneys for defendant on November 6, 2008. Document filed by Allen, D.C.A. Grantor Trust, Pedro Kalbermann. (Chernov, Joel)
November 6, 2008 Opinion or Order Filing 65 ORDER TO SHOW CAUSE: LET THE DEFENDANT HEREIN show cause before Judge Thomas P. Griesa, Courtroom 26B, at the United States Courthouse located at 500 Pearl Street, New York, NY 10007 on 11/14/2008 at 04:30 PM, or soon thereafter as counsel may be heard, to why an order should not be made and entered: (a) Authorizing the U.S. Marshals Service to serve Writs of Execution, pursuant to F.R.C.P. 64 and 69, N.Y. CPLR 5232, 5227 and 28 U.S.C. 1610(c), on the Republic of Argentina, Citibank, N.A., Standard Americas, Inc., Standard New York, Inc. Standard New York Securities, Inc., and/or any potential garnishee subsequently determined through discovery to be within the jurisdiction of the Court, with respect to any property in the U.S. (whether real or personal, tangible or intangible, presently existing or hereafter arising) which could be assigned or transferred pursuant to CPLR 5201, including but not limited to cash, deposits, claims, and contractual rights, and interests of any kind in the foregoing, held or maintained in the name of or for the use or benefit of those further set forth in this Order to Show Cause; (b) Authorizing the issuance of Restraining Notice, pursuant to N.Y. CPLR 5222, 28 U.S.C. 1610(c) and F.R.C.P. 69(a), directed to the Republic of Argentina, Citibank, N.A., Standard Americas, Inc., Standard New York, Inc., Standard New York Securites, Inc. and/or any potential garnishee subsequently determined through discovery to be within the jurisdiction of the Court that holds or maintains any FJP Property or ANSES Property in the U.S., from taking any action or issuing any instruction to transfer or remove any FJP Property or ANSES Property from the U.S.; (c) Authorizing expedited discovery pursuant to F.R.C.P. 69 from the Republic of Argentina, Citibank, N.A., Standard Americas, Inc., Standard New York, Inc., Standard New York Securities, Inc., and any other garnishee which may subsequently be identified through discovery to be within the jurisdiction of the Court, to assist plaintiffs in identifying property in the U.S. that is, or that is to be nationalized so as to become, the property of the Republic and available to satisfy Plaintiffs' final money judgments entered by this Court against the Republic; and (d) granting such other and further relief as this Court may deem just, proper and necessary under the circumstances. SUFFICIENT CAUSE BEING ALLEGED THEREFORE, IT IS HEREBY: ORDERED that plaintiffs are authorized to deliver to the U.S. Marshals Service Writs of Execution, pursuant to F.R.C.P. 64 and 69, N.Y. CPLR 5232, 5225, 5227 and 28 U.S.C. 1610(c), directed to the Republic of Argentina, Citibank, N.A., Standard Americas, Inc., Standard New York, Inc. Standard New York Securities, Inc. and/or any appropriate garnishee subsequently determined through discovery to be within the jurisdiction of the Court, so as to maintain priority pursuant to N.Y. CPLR 5232(a) and 5234(b) in relation to other creditors of the Republic while plaintiffs' application is pending. The Notice of Levy shall specify in accordance with CPLR 5232 that it applies to FJP Property and ANSES Property, as defined above. The U.S. Marshals Service is directed to defer serving the Writs of Execution or levying upon any FJP Property or ANSES Property until further order of this Court, Pursuant to CPLR 5232(a), plaintiffs' priority is hereby extended as necessary beyond 90 days until such time as the Court finally resolves plaintiffs' application. Plaintiffs are authorized pursuant to N.Y. CPLR 5222, 28 U.S.C. 1610(c) and F.R.C.P. 69(a), to issue Restraining Notices to the Republic of Argentina, Citibank, N.A., Standard Americas, Inc., Standard New York, Inc., Standard New York Securities, Inc., and/or any appropriate garnishee subsequently determined through discovery to be within the jurisdiction of the Court that may hold FJP Property or ANSES Property in the U.S., restraining the recipient from taking any steps or issuing any instructions to transfer or remove, either directly or indirectly, any FJP Property or ANSES Property from the U.S. The Restraining Notices shall specify in accordance with this Order that they are limited to restraining the transfer or removal of FJP Property or ANSES Property in the U.S. out of the U.S. and shall specify that they do not prevent or restrain the day-to-day operation or investment management of any FJP Property or ANSES Property in the U.S. so long as that property is not removed from the U.S. Opposing papers, if any, are to be served upon counsel for plaintiffs, Dreier LLP, 499 Park Avenue, New York, NY, 10022, attention Joel A. Chernov, Esq., so as to be received by 5:00pm on the 13th day of November 2008. Personal service of this Order to Show Cause, and the papers upon which it is based, upon counsel for Argentina, Cleary, Gottlieb, Steen & Hamilton, One Liberty Plaza, New York, 10006, attention Jonathan Blackman, Esq., on or before the 6th of November, 2008, shall be deemed good and sufficient service. (Signed by Judge Thomas P. Griesa on 11/6/08) (tro)
July 25, 2008 Opinion or Order Filing 64 STIPULATION AND ORDER GOVERNING CONFIDENTIAL MATERIAL...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge Alvin K. Hellerstein on 7/24/08)- Part I (tro)
June 10, 2008 Transmission of Notice of Appeal to the District Judge re: 63 Notice of Appeal. (nd)
June 10, 2008 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 63 Notice of Appeal. (nd)
June 6, 2008 Filing 63 NOTICE OF APPEAL from #62 Order to Show Cause,. Document filed by The Republic of Argentina. Filing fee $ 455.00, receipt number E 653470. Copies of the Notice of Appeal mailed to attorney(s) of records: Dreier LLP. (nd)
April 22, 2008 Opinion or Order Filing 62 ORDER TO SHOW CAUSE: Defendant shall show cause as to why an order should not be made and entered subject to (b) below, preliminary restraining and enjoining pursuant to Fed. R. Civ. P. 64 and 65(a) as set forth in this order. Show Cause Hearing set for 4/30/2008 at 10:30 AM in Courtroom 26B, 500 Pearl Street, New York, NY 10007 before Judge Thomas P. Griesa. (Signed by Judge Thomas P. Griesa on 4/22/08) (js)
August 14, 2007 Opinion or Order Filing 61 STIPULATION AND ORDER that plaintiffs may transfer the foregoing accounts at Wachovia to new accounts that shall also be maintained by Wachovia, and as further set forth in this document. (Signed by Judge Thomas P. Griesa on 8/14/07) (cd) Additional attachment(s) added on 8/15/2007 (Daniec, Chris).
May 9, 2007 Opinion or Order Filing 60 ORDER for the reasons stated on the record at the May 1, 2007 oral argument in EM Ltd. v. Republic of Argentina, 03 Civ. 2507 (TPG) and NML Capital, Ltd. v. Republic of Argentina, 03 Civ. 8845 (TPG), plaintiff's Motions for 30-Days' Notice of Debt or Securities Issuance, (Applestein v. Republic of Argentina, 02 Civ. 4124 (TPG), Docket No. 59), are hereby denied. (Signed by Judge Thomas P. Griesa on 5/7/2007) (jmi)
March 15, 2007 Filing 59 MOTION for 30-days' Notice of Debt or Securities Issuance; Attached is Declaration of Regina M. Alter. Document filed by D.C.A. Grantor Trust, Pedro Kalbermann.(djc)
August 24, 2006 Opinion or Order Filing 58 RESTRAINING NOTICE AND WRIT OF EXECUTION that plaintiffs be granted a restraining notice and writ of execution on any present, future or contingent interest of Argentina in all assets in the "Principal Collateral Accounts," Interest Collateral Accounts" and "Distribution Accounts" currently held, or that in the future may be held, by the Federal Reserve Bank of New York (the "FRBNY") pursuant to the Collateral Pledge Agreement (USD Series) between Argentina, The FRBNY and Citibank, N.A., dated as of 4/7/93 and the Collateral Pledge Agreement (DMK Series) between Argentina, the FRBNY and Citibank N.A., dated as of 4/7/93 (collectively, the "Pledge Agreements"), including without limitation any amounts in the "Interest Collateral Accounts" that are at any time in excess of the "Secured Interest Obligations" as defined in the Pledge Agreements (collectively, the "Assets") in the amount of $1,682,957.49, comprised of the amount of the judgment owed to plaintiffs plus accrued post-judgment interest and fees and expenses of the United States Marshal; however, the U.S. Marshal shall refrain from seizing or taking into custody any Assets pending further order of this Court; Argentina, its officers, officials, agents, subdivisions, attorneys, representives, employees, servants, contractors, and all other persons acting on its behalf, and the FRBNY, 33 Liberty Street, New York, NY 10045, its officers, agents, attorneys, representives, employees, servants and affiliates, and all other persons acting on its behalf, and all persons in possession of property in which Argentina has an interest, and all persons acting in concert or participation with any of the foregoing, and all persons who receive actual notice of this Stipulation and Order by personal service or otherwise, are hereby ENJOINED and RESTRAINED pending further Order of the Court from directly or indirectly withdrawing, transferring, assigning, paying, removing, pledging, redeeming, mortgaging, encumbering, liening, hypothecating, secreting, affecting or otherwise disturbing any of the Assets; FRBNY shall not pay, transfer or release any Assets pending further Order of the this Court. In the event FRBNY receives a request to pay, transfer or release any Assets, it shall promptly give notice of such request by hand delivery to Marc S. Dreier, Esq., Dreier LLP, 499 Park Avenue, New York, NY 10022, and to Jonathan I. Blackman, Esq. Cleary Gottlieb Steen & Hamilton LLP, One Liberty Plaza, New York, NY 10006. (Signed by Judge Thomas P. Griesa on 8/23/06) (jco, )
May 25, 2005 Opinion or Order ORDER the stay is hereby vacated and dissolved. So Ordered. Original filed in case 03cv2507, doc #82. (Signed by Judge Thomas P. Griesa on 5/23/05) (jco, )
April 11, 2005 Filing 57 AFFIDAVIT OF SERVICE of Order To Show Cause for an Ex Parte Order of Attachment, the Declaration of Joel Chernov and Memorandum of Law in Support of Motion for an Order of Attachment and TRO served on Republic of Argentina; Bank of New York; and The U.S. Marshal on 4/1/05. Service was accepted by hand delivery. Document filed by D.C.A. Grantor Trust, Pedro Kalbermann. (ae, )
April 8, 2005 Filing 56 MEMORANDUM OF LAW in Support re: 55 Order to Show Cause,,. Document filed by D.C.A. Grantor Trust, Pedro Kalbermann. (dle, )
April 5, 2005 Opinion or Order Filing 55 ORDER TO SHOW CAUSE for an order, authorizing the issuance of an ex parte Order of Attachment pursuant to Rule 64 of the Federal Rules of Civil Procedure and Sections 6201, 6211 and 6212 of the New York Civil Practice Law and Rules against the property or Argentina, and any interest of Argentina in personal property, or any debt due to or to become due to Argentina in the jurisdiction of this Court. filed by D.C.A. Grantor Trust, Pedro Kalbermann. Declaration of Chernov in support attached, along with Exhibit(s) 1&2. (Signed by Judge Thomas P. Griesa on 3/29/05) This Document Relates to: 03cv1680; 03cv4693; 03cv8120; 04cv1077; 04cv3313; 043314; 04cv6137; 04cv694; 04cv7056; 04cv7504; 05cv177; 05cv178; 05cv2521; 05cv2943; 05cv3089.(sac, )
April 4, 2005 Filing 54 NOTICE OF APPEAL. TRANSCRIPT of proceedings held on 3/29/05 before Judge Thomas P. Griesa (orig fld in 02-3804, doc #38). Document filed by Allen, D.C.A. Grantor Trust, Pedro Kalbermann. Filing fee $ 255.00, receipt number E 539846. Copies of Notice of Appeal mailed to Attorney(s) of Record: Jonathan I. Blackman, Carmine D. Boccuzzi. (pr, ) Modified on 4/4/2005 (pr, ).
April 4, 2005 Transmission of Notice of Appeal to the District Judge re: 54 Notice of Appeal,. (pr, )
April 4, 2005 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 54 Notice of Appeal,. (pr, )
April 1, 2005 TRANSCRIPT of proceedings held on 3/29/05 before Judge Thomas P. Griesa (orig fld in 02-3804, doc #38). (cd, )
March 31, 2005 Opinion or Order MEMORANDUM AND OPINION # 91437. I am granting the motion to vacate the attachments. As far as the restraining notices, the restraining notices have a different legal impact under New York law, different from an attachment. Indeed, as far as I know, and it hasn't been challenged, they have prospective effect. They are still designed to attach property of the Republic of Argentina. And the restraining notices have the same problems as the attachments in effectively frustrating the carrying out of the exchange offer. Therefore, for basically the same reasons that I gave in dealing with the attachments, it is my ruling that there is not, and it is not form of bonds to be subject to restraining notices. The restraining notices, as I think we all know, and maybe I didn't make it clear, are designed to attach bonds in the same essentially the same way the attachments were designed to do. That is my ruling. I am going to grant the motion for a stay; and grant the motion as to all processes which have been put into effect. So Ordered. Original filed in case 02cv3804, doc #39. (Signed by Judge Thomas P. Griesa on 3/29/05) (jco, ) Modified on 4/4/2005 (jco, ).
January 21, 2005 Filing 53 NOTICE of Change of Firm Name and Legal Status. Effective January 1, 2005, Cleary, Gottlieb, Steen & Hamilton registered as a NY limited liability partnertship and changed its name and legal status to Cleary Gottlieb Steen & Hamilton LLP. The firm's and its lawyers' addresses phone numbers, fax numbers and email addresses have not been affected by this change. Document filed by The Republic of Argentina. (djc, )
September 21, 2004 Opinion or Order Filing 52 STIPULATION AND ORDER, that Appletsetin may transfer his brokerage account at Lehman Borthers to a new broker. Appletstein's beneficial interest in bonds issued by the Republic will otherwise continue to be frozen under the Court's order dated 12/19/03 from sale or other transfer without the Court's permission. (Signed by Judge Thomas P. Griesa on 9/17/04) (cd, )
May 19, 2004 Mailed notice of Right to Appeal to Attorney(s) of Record: Jonathan L. Blackman, Carmine D. Boccuzzi Jr, Joel A. Chernov, Marc S. Dreier. (snu, )
May 11, 2004 Filing 51 JUDGMENT #04,0909 in favor of Pedro Kalbermann against defendant in the amount of $ 1,396,976.19. (Signed by Judge Thomas P. Griesa on 5/10/04) (ml, )
April 29, 2004 Filing 50 RESPONSE TO PLNTFS' LETTER CONCERNING DISCOVERY. Document filed by The Republic of Argentina etal. (cd, )
April 29, 2004 Filing 49 RESPONSE To Plntfs' Letter Concerning Discovery. Document filed by The Republic of Argentina. (cd, )
April 26, 2004 Filing 48 TRANSCRIPT of proceedings held on 3/5/04 before Judge Thomas P. Griesa.(ps, )
March 5, 2004 Filing 47 Minute Entry for proceedings held before Judge Thomas P. Griesa : Pretrial Conference held on 3/5/2004. (cd, )
January 30, 2004 Opinion or Order Filing 46 STIPULATION AND ORDER: for reasons further stated during the 1/15/04 conference and the terms, conditions and mutual agreements, Applestein and Kalbermann Shall provide thirty (30) days' notice to the Court and to the Republic's counsel before taking any action to seek relief under the Pari Passu Clause in any forum other than this Court. (Signed by Judge Thomas P. Griesa on 1/28/04) (db, )
January 6, 2004 Filing 45 REPLY MEMORANDUM OF LAW in Support re: 39 MOTION for Reconsideration. Document filed by Pedro Kalbermann. (yv, )
December 30, 2003 Mailed notice of Right to Appeal to Pro Se Litigant(s): The Republic of Argentina and to Attorney(s) of Record: Carmine D. Boccuzzi Jr. (jf, )
December 19, 2003 Filing 44 MEMORANDUM OF LAW in Opposition re: 39 MOTION for Reconsideration.. Document filed by The Republic of Argentina. (dle, )
December 19, 2003 Opinion or Order Filing 43 ORDER, that until further notice from the Court, that plaintiff Allan Applestein TTEE FBO D.C.A. Grantor Trust must refrain from selling or otherwise transferring the bond involved in this action, without advising the Court in advance and obtaining permission of the Court; that execution on the judgment is stayed until 1/29/04 or until defendant, the Republic of Argentina, presents its final offer to private creditors in the current debt restructuring negotiations, or whichever comes first. (Signed by Judge Thomas P. Griesa on 12/19/03) (tp, )
December 19, 2003 Filing 42 JUDGMENT #03,2660 in favor of plaintiff Allan Applestein TTEE FBO D.C.A. Grantor Trust against defendant in the amount of $ 285,981.30. (Signed by Judge Thomas P. Griesa on 12/18/2003) copies mailed by clerk's office.(jf, )
December 15, 2003 Opinion or Order Filing 41 STIPULATION AND ORDER: Plaintiff Kalbermann's time to file his reply papers in further support of his 39 motion for reconsideration of the Court's 11/19/03 Opinion is extended to 1/7/04. (Signed by Judge Thomas P. Griesa on 12/12/03) (db, )
December 12, 2003 TRANSCRIPT of proceedings held on 10/31/03 before Judge Thomas P. Griesa.ORIGINAL DOCUMENT # 27 FILED IN 02CV-3804(pr, )
December 5, 2003 Filing 40 MEMORANDUM OF LAW in Support re: 39 MOTION for Reconsideration. Document filed by Allen, D.C.A. Grantor Trust, Pedro Kalbermann. (jco, )
December 5, 2003 Filing 39 MOTION for Reconsideration of the Court's Opinion dated 11/19/03 and/or reargument of Kalbermann's motion for summary judgment. Document filed by Allen, D.C.A. Grantor Trust, Pedro Kalbermann. (jco, )
November 20, 2003 Opinion or Order Filing 38 OPINION #89352; granting in part, denying in part [28-1] motion for an order pursuant to Rule 56 of the FRCP. Plaintiff's motion for summary judgment is granted as to the DCA bonds, but denied as to the Kalbermann bonds, without prejudice with regard to a future motion upon an appropriate Rule 56 submission detailing the beneficial ownership of the bonds. Judgment will be entered for the principal amount of the bonds plus accrued interest; granting plaintiffs summary judgment denying [30-1] motion for an order staying this proceeding. The motion of the Republic for a stay of proceedings is denied, except that execution on plaintiff's judgment is stayed until 1/29/04 or until The Republic presents its final offer to private creditors in the current debt restructuring negotiations, or whichever comes first. ( signed by Judge Thomas P. Griesa ); (sac)
November 5, 2003 Transcript of record of proceedings before Judge Thomas P. Griesa for the date(s) of 9/16/03. Docketed in case # 02cv1773, Doc. #47. (df)
August 26, 2003 Filing 37 REPLY AFFIDAVIT of Christopher P. Moore by Republic Argentina in further support of [30-1] motion for an order staying this proceeding. Received in night deposit box on 8/26/03 at 5:14 p.m. (db)
August 26, 2003 Filing 36 REPLY MEMORANDUM by Republic Argentina in further support of [30-1] motion for an order staying this proceeding. Received in night deposit box on 8/26/03 at 5:14 p.m. (db)
August 18, 2003 Filing 35 REPLY Declaration of Joel A. Chernov by Allen Applestein, D.C.A. Grantor Trust, Pedro Kalbermann Re: [28-1] motion for an order pursuant to Rule 56 of the FRCP, granting plaintiffs summary judgment and in opposition to dft's cross motion for a stay. (dle)
August 18, 2003 Filing 34 MEMORANDUM OF LAW by Allen Applestein, D.C.A. Grantor Trust, Pedro Kalbermann in support of [28-1] motion for an order pursuant to Rule 56 of the FRCP, granting plaintiffs summary judgment . (dle)
August 8, 2003 Filing 33 CERTIFICATE OF SERVICE of notice of motion for an Order staying proceeding, declaration of Noemi C. LaGreca, affidavit of Carmine D. Boccuzzin, response to plaintiffs' statement pursuant to Local Civil Rule 56.1 and memorandum of law as to Republic Argentina by federal express on 8/4/03 . . (yv)
August 5, 2003 Filing 32 DECLARATION of Noemi C. Lagreca by Republic Argentina in support of [30-1] motion for an order staying this proceeding. (sb)
August 5, 2003 Filing 31 MEMORANDUM OF LAW by Republic Argentina in support of [30-1] motion for an order staying this proceeding. (sb)
August 5, 2003 Filing 30 NOTICE OF MOTION by Republic Argentina for an order staying this proceeding . No Return Date. (sb)
July 16, 2003 Filing 29 MEMORANDUM OF LAW by Allen Applestein, D.C.A. Grantor Trust, Pedro Kalbermann in support of [28-1] motion for an order pursuant to Rule 56 of the FRCP, granting plaintiffs summary judgment . (dle)
July 16, 2003 Filing 28 NOTICE OF MOTION by Allen Applestein, D.C.A. Grantor Trust, Pedro Kalbermann for an order pursuant to Rule 56 of the FRCP, granting plaintiffs summary judgment . Return Date not indicated. (dle)
June 16, 2003 Filing 26 ANSWER by Republic Argentina to [25-1] amended complaint . (Attorney Carmine D. Boccuzzi Jr., Jonathan I. Blackman from the Firm: Cleary, Gottlieb, Steen & Hamilton). (jco)
June 3, 2003 Filing 27 Transcript of record of proceedings before Judge Thomas P. Griesa for the date(s) of April 24, 2003. (dt)
May 30, 2003 Filing 25 AMENDED COMPLAINT by Allen Applestein, D.C.A. Grantor Trust, Pedro Kalbermann (Answer due 6/9/03 for Republic Argentina ) amending [1-1] complaint ; Summons issued. (sb)
May 29, 2003 Filing 24 Memo-Endorsement on letter addressed to Judge Griesa from Joel A. Chernov, dated 5/23/03. counsel for the plaintiffs request the Court's permission to amend their complaint to limit it to their individual claims. Permission granted . ( signed by Judge Thomas P. Griesa ); (yv)
May 13, 2003 Opinion or Order Filing 23 MEMORANDUM OPINION # 88502: for reasons further set forth in said order, the [8-1] motion seeking an order that this action may be maintained as a class action is denied. The court expresses no view on the various other issues and arguments raised in the submissions of the parties. The individual pltffs should notify the Court by 5/26/03 if they seek to amend their complaint. ( signed by Judge Thomas P. Griesa ) (db)
May 2, 2003 Filing 22 REPLY MEMORANDUM by Allen Applestein, D.C.A. Grantor Trust, Pedro Kalbermann re: [8-1] motion for an order pursuant to Rules 23(a), (b)(3) and c(1) of the FRCP providing that this action may proceed as a class action. with pltffs serving as class representatives on behalf of the pltff classes described in the complaint . (cd)
May 2, 2003 Filing 21 REPLY AFFIDAVIT of Marc Dreier by Pedro Kalbermann in further support re: [8-1] motion for an order pursuant to Rules 23(a), (b)(3) and c(1) of the FRCP providing that this action may proceed as a class action. with pltffs serving as class representatives on behalf of the pltff classes described in the complaint . (cd)
April 30, 2003 Opinion or Order Filing 20 ORDER, The Court will not receive or consider the proposed amicus brief. ( signed by Judge Thomas P. Griesa ) (sb)
April 14, 2003 Opinion or Order Filing 19 STIPULATION and ORDER, plaintiff Allan Applestein TTEE FBO D.C.A. Grantor Trust hereby withdraws as a proposed class representative . ( signed by Judge Thomas P. Griesa ) (kw)
April 7, 2003 Filing 18 AFFIDAVIT of Carmine D. Boccuzzi by Republic Argentina in opposition to [8-1] motion for an order pursuant to Rules 23(a), (b)(3) and c(1) of the FRCP providing that this action may proceed as a class action. with pltffs serving as class representatives on behalf of the pltff classes described in the complaint . (db)
April 7, 2003 Filing 17 DECLARATION of Anne-Marie Slaughter. (db)
April 7, 2003 Filing 16 MEMORANDUM OF LAW by Republic Argentina in opposition to [8-1] motion for an order pursuant to Rules 23(a), (b)(3) and c(1) of the FRCP providing that this action may proceed as a class action. with pltffs serving as class representatives on behalf of the pltff classes described in the complaint . (db)
April 7, 2003 Filing 15 DECLARATION of Anne-Marie Slaughter by Republic Argentina. (sb)
April 7, 2003 Filing 14 AFFIDAVIT of Carmine D. Boccuzzi by Republic Argentina in opposition to [8-1] motion for an order pursuant to Rules 23(a), (b)(3) and c(1) of the FRCP providing that this action may proceed as a class action. with pltffs serving as class representatives on behalf of the pltff classes described in the complaint . (sb)
April 7, 2003 Filing 13 MEMORANDUM OF LAW by Republic Argentina in opposition to [8-1] motion for an order pursuant to Rules 23(a), (b)(3) and c(1) of the FRCP providing that this action may proceed as a class action. with pltffs serving as class representatives on behalf of the pltff classes described in the complaint. (sb)
February 19, 2003 Opinion or Order Filing 12 ORDER, that plaintiff Stefan Engelsberger will produce documents on or before 2/21/03 ; The deposition of Stefan Engelsberger will occur on or before 3/14/03 ; Defendant The Republic of Argentina will serve its papers opposing the motions on or before 4/4/03 re: [8-1] motion for an order pursuant to Rules 23(a), (b)(3) and c(1) of the FRCP providing that this action may proceed as a class action. with pltffs serving as class representatives on behalf of the pltff classes described in the complaint ; Plaintiffs will serve reply papers, if any, on or before 4/25/03 re: [8-1] motion for an order pursuant Rules 23(a), (b)(3) and c(1) of the FRCP providing that action may proceed as a class action. with pltffs serving class representatives on behalf of the pltff classes described in the complaint . ( signed by Judge Thomas P. Griesa ). (tp)
January 22, 2003 Filing 11 Memorandum to Docket Clerk: Pretrial conference held on 1/17/03 before Judge Griesa. (sb)
December 18, 2002 Opinion or Order Filing 10 STIPULATION and ORDER, the Republic shall serve any written discovery request with respect to class certification issues by 12/3/02. Plaintiffs shall respond to those requests by 12/23/02 ; depositions of te putative class representatives shall be held on mutually convenient dates by 1/31/03 ; Republic's Response to Motion reset for 2/28/03 re: [8-1] motion for an order pursuant to Rules 23(a), (b)(3) and c(1) of the FRCP providing that this action may proceed as a class action. with pltffs serving as class representatives on behalf of the pltff classes described in the complaint ; Plaintiffs' Reply to Response to Motion reset for 3/21/03 re: [8-1] motion for an order pursuant to Rules 23(a), (b)(3) and c(1) of the FRCP providing that this action may proceed as a class action. with pltffs serving as class representatives on behalf of the pltff classes described in the complaint . ( signed by Judge Thomas P. Griesa ) (kw)
November 6, 2002 Filing 9 MEMORANDUM OF LAW by Allen Applestein, D.C.A. Grantor Trust, Pedro Kalbermann in support of [8-1] motion for an order pursuant to Rules 23(a), (b)(3) and c(1) of the FRCP providing that this action may proceed as a class action. with pltffs serving as class representatives on behalf of the pltff classes described in the complaint . (db)
November 6, 2002 Filing 8 NOTICE OF MOTION by Allen Applestein, D.C.A. Grantor Trust, Pedro Kalbermann for an order pursuant to Rules 23(a), (b)(3) and c(1) of the FRCP providing that this action may proceed as a class action. with pltffs serving as class representatives on behalf of the pltff classes described in the complaint . Declaration of Marc S. Dreier in support of motion attached. No Return Date indicated. (db)
October 4, 2002 Filing 7 REPLY by Allen Applestein to [6-2] counter claim; Firm of: Dreier & Baritz LLP by attorney Joel A. Chernov for counter-defendant Allen Applestein (cd)
September 26, 2002 Filing 6 ANSWER to Complaint and COUNTERCLAIM by Republic Argentina (Attorney Jonathan I. Blackman) against Allen Applestein Firm of: Cleary Gottlieb Steen & Hamilton by attorney Jonathan I. Blackman for defendant Republic Argentina . (sb)
August 5, 2002 Filing 5 Memo-Endorsement on letter addressed to Judge Griesa from Jonathan I. Blackman, dated 8/1/02. Time to answer extended until conference with court at which time the time to answer and other matter will be set . ( signed by Judge Thomas P. Griesa ); Copies mailed. (kw)
July 31, 2002 Filing 4 Notice of Case Assignment to Judge Thomas P. Griesa . Copy of notice and judge's rules mailed to Attorney(s) of record: Joel A. Chernov . (jol)
July 31, 2002 Magistrate Judge Gabriel W. Gorenstein is so designated. (jol)
July 31, 2002 Case accepted as related to 1:02cv1773. (jol)
June 11, 2002 Filing 3 AFFIDAVIT OF SERVICE of summons and complaint as to Republic Argentina by Max Scheschare on 6/3/02 . Answer due on 6/24/02 for Republic Argentina . (dle)
May 31, 2002 Filing 2 RULE 1.9 CERTIFICATE filed by Allen Applestein, D.C.A. Grantor Trust, Pedro Kalbermann . (gmo)
May 31, 2002 Filing 1 CLASS ACTION COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). FILING FEE $ 150.00 RECEIPT # 440700. (gmo) Modified on 06/14/2002
May 31, 2002 CASE REFERRED TO Judge Thomas P. Griesa as possibly related to 1:02cv1773. (gmo)

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Search for this case: Allen Applestein, et al v. Republic Argentina
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Plaintiff: The Bank of New York Mellon
Represented By: Christopher Neil Gray
Represented By: Evan K. Farber
Represented By: Eric Andrew Schaffer
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Plaintiff: Allen
Represented By: Joel Andrew Chernov
Represented By: Marc S. Dreier
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Plaintiff: D.C.A. Grantor Trust
Represented By: Spensyr Ann Mayfield
Represented By: Gerard S. Catalanello
Represented By: Suzan Jo
Represented By: Joel Andrew Chernov
Represented By: Marc S. Dreier
Represented By: Anthony J. Costantini
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Plaintiff: Pedro Kalbermann
Represented By: Joel Andrew Chernov
Represented By: Marc S. Dreier
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Interested party: Profesion+Auge AFJP S.A.
Represented By: Robert Edward Grossman
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Interested party: ACP Master, Ltd.
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Interested party: Euro Bondholders
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Interested party: Origenes AFJP S.A.
Represented By: Robert Edward Grossman
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Interested party: Blue Angel Capital I LLC
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Interested party: Met AFJP S.A.
Represented By: Robert Edward Grossman
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Interested party: Futura AFJP S.A.
Represented By: Robert Edward Grossman
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Interested party: Unidos S.A. AFJP
Represented By: Robert Edward Grossman
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Interested party: Aurelius Capital Master, Ltd.
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Interested party: Consolidar AFJP S.A.
Represented By: Robert Edward Grossman
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Interested party: Maxima AFJP S.A.
Represented By: Robert Edward Grossman
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Interested party: Arauca Bit AFJP S.A.
Represented By: Robert Edward Grossman
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Interested party: Aurelius Opportunities Fund II, LLC
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Defendant: The Republic of Argentina
Represented By: Jonathan I. Blackman
Represented By: Carmine D. Boccuzzi, Jr
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Appellant: Administracion Nacional de Seguridad Social
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