EM Ltd. v. Rep. of Argentina
Plaintiff: NML Capital, Ltd. and EM Ltd.
Defendant: The Republic of Argentina
Petitioner: Banco De La Nacion Argentina and Citibank, N.A.
Appellant: Profesion+Auge AFJP S.A., Unidos S.A. AFJP, Futura AFJP S.A., Origenes AFJP S.A., Administracion Nacional de Seguridad Social, Union de Administradoras de Fondos De Jubilaciones Y Pensiones, Maxima AFJP S.A., Arauca Bit AFJP S.A., Consolidar AFJP S.A. and Met AFJP S.A.
Interested Party: Banco Central de la Republica Argentina, Jaime Caruana and Bank for International Settlements
Case Number: 1:2003cv02507
Filed: April 10, 2003
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Loretta A Preska
Nature of Suit: Contract: Other
Cause of Action: 28:1391
Jury Demanded By: None
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)
March 20, 2017 Opinion or Order Filing 573 STIPULATION AND ORDER REGARDING DISCHARGE OF SECURITY: NOW THEREFORE, it is hereby STIPULATED AND AGREED, by and among the parties to the above captioned action, and ORDERED by the Court that the Bonds are discharged in their entirety and are to be returned to a representative of Debevoise & Plimpton LLP on EM Ltd.'s behalf. (Signed by Judge Thomas P. Griesa on 3/20/2017) (jwh)
May 6, 2016 Opinion or Order Filing 572 STIPULATION AND ORDER VACATING WRIT OF EXECUTION: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned, the attorneys of record for Plaintiff NML Capital, Ltd., Plaintiff EM Ltd., and Defendant the Republic of Argentina (being all of the parties to these actions), that the Writ of Execution so ordered by this Court in the above-captioned actions on July 19, 2012, relating to property in the form of assets of and/or held in the BH Options Trust, and any beneficial interest in the BH Options Trust (the "Writ of Execution"), should be vacated in its entirety. IT IS THEREFORE ORDERED by this Court that the Writ of Execution is hereby vacated. SO ORDERED. (Signed by Judge Thomas P. Griesa on 5/6/2016) (kl)
April 26, 2016 Opinion or Order Filing 571 STIPULATION: IT IS STIPULATED AND AGREED, by and between the undersigned, that the Motion for an Order Removing the Special Master, filed by plaintiffs on March 11, 2016 (ECF No. 29), is hereby withdrawn. SO ORDERED. (Signed by Judge Thomas P. Griesa on 4/26/2016) (kl)
April 25, 2016 Terminate Transcript Deadlines (lmb)
April 25, 2016 Filing 570 STIPULATION OF DISMISSAL WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned, the attorneys of record for Plaintiff EM Ltd. and Defendant the Republic of Argentina (being all of the parties to these actions), that any and all claims asserted in the above- captioned actions shall be and are hereby dismissed with prejudice pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, with each party bearing its own costs and attorneys' fees. (Signed by Judge Thomas P. Griesa on 4/25/2016) (lmb)
March 14, 2016 Filing 569 NOTICE OF APPEARANCE by Damaris Hernandez on behalf of The Republic of Argentina, The Republic of Argentina. Filed In Associated Cases: 1:06-cv-03276-TPG, 1:03-cv-02507-TPG, 1:05-cv-10383-TPG, 1:06-cv-01839-TPG(Hernandez, Damaris)
March 14, 2016 Filing 568 NOTICE OF APPEARANCE by Michael A Paskin on behalf of The Republic of Argentina, The Republic of Argentina. Filed In Associated Cases: 1:06-cv-03276-TPG, 1:03-cv-02507-TPG, 1:05-cv-10383-TPG, 1:06-cv-01839-TPG(Paskin, Michael)
March 14, 2016 Filing 567 NOTICE OF APPEARANCE by Daniel Slifkin on behalf of The Republic of Argentina, The Republic of Argentina. Filed In Associated Cases: 1:06-cv-03276-TPG, 1:03-cv-02507-TPG, 1:05-cv-10383-TPG, 1:06-cv-01839-TPG(Slifkin, Daniel)
March 11, 2016 Filing 566 MEMORANDUM OF LAW in Support re: (29 in 1:06-cv-03276-TPG, 20 in 1:06-cv-01839-TPG, 563 in 1:03-cv-02507-TPG, 90 in 1:05-cv-10383-TPG) MOTION FOR AN ORDER REMOVING THE SPECIAL MASTER . . Document filed by Baka N.V., Mohammad Ladjevardian, Laina Corp., Jahansooz Saleh. Filed In Associated Cases: 1:06-cv-03276-TPG, 1:03-cv-02507-TPG, 1:05-cv-10383-TPG, 1:06-cv-01839-TPG(Crystal, Howard)
March 11, 2016 Filing 565 DECLARATION of BRUCE G. HART in Support re: (29 in 1:06-cv-03276-TPG, 20 in 1:06-cv-01839-TPG, 563 in 1:03-cv-02507-TPG, 90 in 1:05-cv-10383-TPG) MOTION FOR AN ORDER REMOVING THE SPECIAL MASTER .. Document filed by Baka N.V., Mohammad Ladjevardian, Laina Corp., Jahansooz Saleh. (Attachments: #1 Exhibit June 1, 2015 Letter from Carmine D. Boccuzzi to Daniel A. Pollack, Esq., #2 Exhibit The article Incoming Argentina official will begin debt talks promptly: mediator, which was published by Reuters on December 9, 2015, #3 Exhibit The article After 14 Years at Odds, Argentina Aims to Settle Debt With Hedge Funds, which was published by the New York Times on February 2, 2016, #4 Exhibit The press release Statement of Daniel A. Pollack, special master in Argentina bonds matter, Feb. 26, 2016, which was posted on PR Newswire on February 26, 2016, #5 Exhibit The article Argentina Debt Deal Faces Hurdles Despite Bond Offer, which was published by the Wall Street Journal on February 7, 2016, #6 Exhibit The article Argentina Reaches Partial Deal on Debt, But Holdouts Remain, which was published by Bloomberg Business on February 5, 2016, #7 Exhibit The article The vultures will try to get Judge Griesa to lift the injunction today, which was published by Ambito Financiero on February 8, 2016, and an English translation, #8 Exhibit The transcript of the hearing before the United States Court of Appeals for the Second Circuit on February 24, 2016 in case number 15-1060, #9 Exhibit The press release Statement of Daniel A. Pollack, special master in Argentina bonds matter, Feb. 5, 2016, which was posted on PR Newswire on February 5, 2016, #10 Exhibit The press release Statement of Daniel A. Pollack, special master in Argentina bonds matter, Feb. 12, 2016, which was posted on PR Newswire on February 12, 2016, #11 Exhibit The press release Statement of Daniel A. Pollack, special master in Argentina bonds matter, Feb. 16, 2016, which was posted on PR Newswire on February 16, 2016, #12 Exhibit The press release Statement of Daniel A. Pollack, special master in Argentina bonds matter, Feb. 22, 2016, which was posted on PR Newswire on February 22, 2016, #13 Exhibit The transcript of the hearing before the U.S. District Court for the Southern District of New York on October 28, 2015 in case number 14-cv-8601, #14 Exhibit The biography of Daniel A. Pollack, which is posted on the website for McCarter & English, LLP, #15 Exhibit The article Hedge Funds Suddenly Find Real Money Is Back in Argentinas Debt, which was published by Bloomberg Business on August 25, 2015, #16 Exhibit The article Argentina agrees to borrow US$5 billion from Wall Street banks, which was published by The Business Times on January 30, 2016, #17 Exhibit The article Deutsche Bank Claims NML Harassment Over Argentine Bonds, which was published by Bloomberg Business on July 6, 2015, #18 Exhibit Judgment in Case No. 06 Civ. 3276 (TPG) filed June 15, 2007, #19 Exhibit Email exchange between Mohammed Ladjevardian and Special Master Pollack, dated March 9, 2016, #20 Exhibit Declaration of Michael C. Spencer In Opposition To Motion By Defendant The Republic of Argentina To Vacate the Parri Passu Injunctions, dated February 29, 2016, #21 Exhibit Transcript of March 1, 2016 Hearing before Hon Thomas Griesa)Filed In Associated Cases: 1:06-cv-03276-TPG, 1:03-cv-02507-TPG, 1:05-cv-10383-TPG, 1:06-cv-01839-TPG(Crystal, Howard)
March 11, 2016 Filing 564 NOTICE OF APPEARANCE by Bruce George Hart, Jr on behalf of Baka N.V., Mohammad Ladjevardian, Laina Corp., Jahansooz Saleh. Filed In Associated Cases: 1:06-cv-03276-TPG, 1:03-cv-02507-TPG, 1:05-cv-10383-TPG, 1:06-cv-01839-TPG(Hart, Bruce)
March 11, 2016 Filing 563 MOTION FOR AN ORDER REMOVING THE SPECIAL MASTER . Document filed by Baka N.V., Mohammad Ladjevardian, Laina Corp., Jahansooz Saleh. (Attachments: #1 Text of Proposed Order)Filed In Associated Cases: 1:06-cv-03276-TPG, 1:03-cv-02507-TPG, 1:05-cv-10383-TPG, 1:06-cv-01839-TPG(Crystal, Howard)
March 11, 2016 Filing 562 NOTICE OF APPEARANCE by Howard Charles Crystal on behalf of Baka N.V., Mohammad Ladjevardian, Laina Corp., Jahansooz Saleh. Filed In Associated Cases: 1:06-cv-03276-TPG, 1:03-cv-02507-TPG, 1:05-cv-10383-TPG, 1:06-cv-01839-TPG(Crystal, Howard)
February 25, 2016 Filing 561 NOTICE OF APPEARANCE by Jessica June Sleater on behalf of Baka N.V., Mohammad Ladjevardian, Laina Corp., Jahansooz Saleh. Filed In Associated Cases: 1:06-cv-03276-TPG, 1:03-cv-02507-TPG(Sleater, Jessica)
November 20, 2013 Filing 560 MEMO ENDORSEMENT on re: (194 in 1:06-cv-07792-TPG) Letter filed by EM Ltd., (559 in 1:03-cv-02507-TPG) Letter filed by EM Ltd. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 11/20/2013) (mro)
November 15, 2013 Filing 559 LETTER addressed to Judge Thomas P. Griesa from Suzanne M. Grosso dated November 15, 2013 re: withdrawal as counsel. Document filed by EM Ltd..(Grosso, Suzanne)
January 24, 2013 Filing 558 Costs Taxed as to #495 USCA Mandate,, USCA Case Number 10-1487 (L). in the amount of $17,879.04. Docketed as Judgment #13,0126 on 1/24/2013 in favor of Appellant Banco Central de la Republica Argentina against Appellees NML Capital, Ltd., EM Ltd.. [ORIGINAL ENTERED IN CASE 06-cv-6466, doc. # 388]. (nd)
November 26, 2012 Opinion or Order Filing 557 ORDER: Upon Plaintiffs' application and all prior papers and proceedings in these actions, it is HEREBY ORDERED that: 1. The Marshals Service is authorized to take the property in the ANPCT Account into its custody and to distribute it in accordance with the ANPCT Writs of Execution. 2. BNA is directed to deliver the property in the ANPCT Account to the Marshals Service, in accordance with the ANPCT Writs of Execution, within five business days of the date of this Order. 3. Pursuant to CPLR section 5232(a), the levy of the ANPCT Writs of Execution is hereby further extended through ninety (90) days from the date of this Order. (Signed by Judge Thomas P. Griesa on 11/26/2012) (djc)
October 1, 2012 Filing 556 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Lloyds TSB Bank PLC on 2/28/2010. Service was accepted by Ms. D. Wilson, Paralegal. Document filed by EM Ltd. (ja)
September 12, 2012 Filing 544 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Capital One Bank on 1/20/2010. Service was accepted by Ms. L. Herrera (Banker). I hereby certify and return that I have received no funds of property belonging to the judgment debtor. Document filed by EM Ltd. (lmb)
September 12, 2012 Filing 543 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Standard New York Securities, Inc. on 1/20/2010. Service was accepted by Ms. A. Flores (Clerk). I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Document filed by EM Ltd. (lmb)
September 12, 2012 Filing 542 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on CIT Group on 1/20/2010. Service was accepted by Malinda Bell - Legal Assistant. Document filed by EM Ltd. (lmb)
September 12, 2012 Filing 541 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED writ of execution served on Federal REsere Bank of New York on 2/16/10. Service was accepted by Ms. K. Sturm - Paralegal. Document filed by EM Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated: New York, NY April 24, 2012; Joseph R. Guccione,United States Marshal, SDNY; By: Amaury Pen, Co-op (djc)
September 12, 2012 Filing 540 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED writ of execution served on Natixis on 3/2/10. Service was accepted by Mr. A True - Legal. Document filed by EM Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated: New York, NY April 24, 2012; Joseph R. Guccione,United States Marshal, SDNY; By: Amaury Pen, Co-op (djc)
September 12, 2012 Filing 539 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED writ of execution served on Standard Americas, Inc. on 1/20/10. Service was accepted by Ms. A. Flores (clerk). Document filed by EM Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated: New York, NY April 24, 2012; Joseph R. Guccione,United States Marshal, SDNY; By: Amaury Pen, Co-op (djc)
September 12, 2012 Filing 538 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED writ of execution served on Bank of New York (Mellon) on 1/20/10. Service was accepted by Ms. Monaco (Legal). Document filed by EM Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated: New York, NY April 24, 2012; Joseph R. Guccione,United States Marshal, SDNY; By: Amaury Pen, Co-op (djc)
September 12, 2012 Filing 537 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Wells Fargo on 1/20/10. Service was accepted by Ms. Mohabir (Legal). Document filed by EM Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated: New York, NY April 24, 2012; Joseph R. Guccione,United States Marshal, SDNY; By: Amaury Pen, Co-op (djc)
September 12, 2012 Filing 536 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on HSBC on 1/20/10. Service was accepted by Ms. Harrison. Document filed by EM Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated: New York, NY April 24, 2012; Joseph R. Guccione, United States Marshal, SDNY; By: Amaury Pen, Co-op (djc)
September 12, 2012 Filing 535 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Wachovia Bank on 1/20/10. Service was accepted by Lakeisha Rivers. Document filed by EM Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment Unsatisfied, Dated: New York, NY April 24, 2012; Joseph R. Guccione,United States Marshal, SDNY; By: Amaury Pen, Co-op (djc)
September 12, 2012 Filing 529 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Credit Suisse on 2/23/2010. Service was accepted by Ms. Steffem-Legal. Document filed by Banco Central de la Republica Argentina, The Republic of Argentina. (pl)
September 11, 2012 Filing 531 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on The Sumitomo Trust and Banking Company Limited on 2/23/2010. Service was accepted by Mr. Torres - Legal. Document filed by EM Ltd., NML Capital, Ltd.. (pl)
September 7, 2012 Filing 555 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Bank of New York Mellon on 2/8/2010. Service was accepted by Ms. Muckalli (Legal). I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Document filed by NML Capital, Ltd. (lmb)
September 7, 2012 Filing 553 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Capital One USA NA on 3/2/2010. Service was accepted by Ms. G. Abramowitz - Banker. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Document filed by EM Ltd., NML Capital, Ltd. (lmb)
September 7, 2012 Filing 552 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Merrill Lynch Bank USA on 2/24/2010. Service was accepted by Ms. J. Lee - Legal. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Document filed by EM Ltd., NML Capital, Ltd. (lmb)
September 7, 2012 Filing 551 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Societe Generale on 2/18/2010. Service was accepted by Mr. Bardakjy (legal). Document filed by EM Ltd., NML Capital, Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment unsatisfied. Dated April 24, 2012. Joseph R. Guccione US Marshal SDNY By: Amaury Pena. (rjm)
September 7, 2012 Filing 550 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Capital One N.A. on 2/17/2010. Service was accepted by Mr. F. Vasquez. Document filed by EM Ltd., NML Capital, Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment unsatisfied. Dated April 24, 2012. Joseph R. Guccione US Marshal SDNY By: Amaury Pena. (rjm)
September 7, 2012 Filing 549 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on TD Bank NA on 2/17/2010. Service was accepted by Mr. C. Ligh (Manager). I hereby certify that I have received no funds or property belonging to the judgment debtor. Document filed by EM Ltd., NML Capital, Ltd. (lmb)
September 7, 2012 Filing 548 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on The Depository Trust Company on 3/1/2010. Service was accepted by Mr. Maj - Legal. Document filed by EM Ltd., NML Capital, Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment unsatisfied. Dated April 24, 2012. Joseph R. Guccione US Marshal SDNY By: Amaury Pena. (rjm)
September 7, 2012 Filing 547 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on TD Bank USA NA on 2/18/2010. Service was accepted by Aldo Novo (Supervisor). I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Document filed by EM Ltd., NML Capital, Ltd. (lmb)
September 7, 2012 Filing 546 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Deutsche Bank Trust Company Americas on 2/17/2010. Service was accepted by K. Kwong (Legal). I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Document filed by EM Ltd., NML Capital, Ltd. (lmb)
September 7, 2012 Filing 545 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Deutsche Bank AG on 2/17/2010. Service was accepted by K. Kwong (Legal). I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Document filed by EM Ltd., NML Capital, Ltd. (lmb)
September 7, 2012 Filing 534 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on JP Morgan Chase on 2/17/2010. Service was accepted by Ms. Andriano, Legal. Document filed by EM Ltd., NML Capital, Ltd.. (pl)
September 7, 2012 Filing 533 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Doral Bank FSB on 2/18/2012. Service was accepted by Yamille Castillo Loan Administrator. Document filed by EM Ltd., NML Capital, Ltd.. (pl)
September 7, 2012 Filing 532 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Merrill Lynch Bank & Trust Co. FSB on 2/24/10. Service was accepted by Ms. J. Lee-Legal. Document filed by EM Ltd., NML Capital, Ltd.. (pl)
September 7, 2012 Filing 530 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Bank of New York-Mellon on 2/17/2010. Service was accepted by Ms. Makimon-Legal. Document filed by EM Ltd., NML Capital, Ltd.. (pl)
September 7, 2012 Filing 528 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Cooperatieve Centrale Raiffeisen-Beoren Leenbank BA Rabobank Nederlan on 2/19/10. Service was accepted by Ms. S. Smith-Paralegal. Document filed by EM Ltd., NML Capital, Ltd.. (pl)
September 7, 2012 Filing 527 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED writ of execution served on Bank of America on 1/20/10. Service was accepted by Ms. Joyner (banker). Document filed by EM Ltd. I hereby certify and return that I have received no funds or property belonging to the Judgment debtor. Judgment unsatisfied. Dated: New York, NY April 24, 2012 - Joseph R. Guccione United States Marshal SDNY By: Amaury Pena, Co-op. (djc)
September 7, 2012 Filing 526 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED writ of execution served on Bank of New York on 1/20/10. Service was accepted by Ms. Monaco (legal). Document filed by EM Ltd. I hereby certify and return that I have received no funds or property belonging to the Judgment debtor. Judgment unsatisfied. Dated: New York, NY April 24, 2012 - Joseph R. Guccione United States Marshal SDNY By: Amaury Pena, Co-op. (djc)
September 7, 2012 Filing 525 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED writ of execution served on JP Morgan Chase on 1/20/10. Service was accepted by Ms. A. Andriano (Legal). Document filed by EM Ltd. I hereby certify and return that I have received no funds or property belonging to the Judgment debtor. Judgment unsatisfied. Dated: New York, NY April 24, 2012 - Joseph R. Guccione United States Marshal SDNY By: Amaury Pena, Co-op. (djc)
September 7, 2012 Filing 524 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED writ of execution served on Barclays Capital on 1/20/10. Service was accepted by John Erban (Analyst). Document filed by EM Ltd. I hereby certify and return that I have received no funds or property belonging to the Judgment debtor. Judgment unsatisfied. Dated: New York, NY April 24, 2012 - Joseph R. Guccione United States Marshal SDNY By: Amaury Pena, Co-op. (djc)
September 7, 2012 Filing 523 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Standard New York, Inc. on 1/20/10. Service was accepted by Ms. A. Flores. Document filed by EM Ltd. I hereby certify and return that I have received no funds or property belonging to the Judgment debtor. Judgment unsatisfied. Dated: New York, NY April 24, 2012 - Joseph R. Guccione United States Marshal SDNY By: Amaury Pena, Co-op. (djc)
September 7, 2012 Filing 522 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED writ of execution served on Citibank, N.A. on 1/20/10. Service was accepted by Ms. Poon (customer Service). Document filed by EM Ltd. I hereby certify and return that I have received no funds or property belonging to the Judgment debtor. Judgment unsatisfied. Dated: New York, NY April 24, 2012 - Joseph Re. Guccione United States Marshal SDNY By: Amaury Pena, Co-op. (djc)
September 7, 2012 Filing 521 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED writ of execution served on Lazard on 2/18/10. Service was accepted by R.K. Lagay (Legal). Document filed by EM Ltd. I hereby certify and return that I have received no funds or property belonging to the Judgment debtor. Judgment unsatisfied. Dated: New York, NY April 24, 2012 - Joseph R. Guccione United States Marshal SDNY By: Amaury Pena, Co-op. (djc)
September 7, 2012 Filing 520 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED writ of execution served on Emigrant Bank on 2/18/20. Service was accepted by Ms. Wolfel - V.P.. Document filed by EM Ltd., NML Capital, Ltd. I hereby certify and return that I have received no funds or property belonging to the Judgment debtor. Judgment unsatisfied. Dated: New York, NY April 24, 2012 - Joseph R. Guccione United States Marshal SDNY By: Amaury Pena, Co-op. (djc)
September 7, 2012 Filing 519 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Bank of America on 2/17/2010. Service was accepted by Ms. Zalocha. Document filed by EM Ltd., NML Capital, Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment unsatisfied. Dated April 24, 2012. Joseph R. Guccione US Marshal SDNY By: Amaury Pena. (rjm)
September 7, 2012 Filing 518 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Write of Execution served on Credit Industriel et Commercial on 2/23/2010. Service was accepted by Ms. Adkins - Legal. Document filed by EM Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. (jfe)
September 7, 2012 Filing 517 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Write of Execution served on The Goldman Sachs Trust Company on 2/16/2010. Service was accepted by Ms. Cook - Legal. Document filed by EM Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. (jfe)
September 7, 2012 Filing 516 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Write of Execution served on Fortis Bank S A/N V on 2/23/2010. Service was accepted by Ms. Serna. Document filed by EM Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. (jfe)
September 7, 2012 Filing 515 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Write of Execution served on First American International Bank on 2/17/2010. Service was accepted by Mr. T. Chen - Manager. Document filed by EM Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. (jfe)
September 7, 2012 Filing 514 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Write of Execution served on Banco Santander S. A. on 3/2/2010. Service was accepted by Mr. Fried - Legal. Document filed by EM Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. (jfe)
September 7, 2012 Filing 513 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Write of Execution served on Fiduciary Trust Company International on 2/18/2010. Service was accepted by Mr. E. Metallo - Legal. Document filed by EM Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. (jfe)
September 7, 2012 Filing 512 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Write of Execution served on Wachovia Bank N.A., Corporation Service Company on 2/19/2010. Service was accepted by L. Rivers - Customer Service. Document filed by EM Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. (jfe)
September 7, 2012 Filing 511 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED writ of execution served on HSBC Bank USA on 2/17/2010. Service was accepted by S. Vasquez. Document filed by EM Ltd. (cd)
September 7, 2012 Filing 510 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Standard Chartered Bank on 2/23/2010. Service was accepted by Mr. Janowski - Legal. Document filed by EM Ltd., NML Capital, Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment unsatisfied. Dated April 24, 2012. Joseph R. Guccione US Marshal SDNY By: Amaury Pena. (rjm)
September 7, 2012 Filing 509 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on New York Life Trust Co. on 2/23/2010. Service was accepted by Mr. Berrafati. Document filed by EM Ltd., NML Capital, Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment unsatisfied. Dated April 24, 2012. Joseph R. Guccione US Marshal SDNY By: Amaury Pena. (rjm)
September 7, 2012 Filing 508 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Citibank N.A. on 2/17/2010. Service was accepted by Mr. E. Manzano. Document filed by EM Ltd., NML Capital, Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment unsatisfied. Dated April 24, 2012. Joseph R. Guccione US Marshal SDNY By: Amaury Pena. (rjm)
September 7, 2012 Filing 507 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Sumitomo Mitsui Banking Corp on 2/19/2010. Service was accepted by M.L. Fulweiler. Document filed by EM Ltd., NML Capital, Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment unsatisfied. Dated April 24, 2012. Joseph R. Guccione US Marshal SDNY By: Amaury Pena. (rjm)
September 7, 2012 Filing 506 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on ABN AMRO Bank N.V. on 2/19/2010. Service was accepted by R. Carrillo (Clerk). Document filed by EM Ltd., NML Capital, Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment unsatisfied. Dated April 24, 2012. Joseph R. Guccione US Marshal SDNY By: Amaury Pena. (rjm)
September 7, 2012 Filing 505 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Banco do Brasil SA on 2/18/2010. Service was accepted by Maria Elisa Marques. Document filed by EM Ltd., NML Capital, Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment unsatisfied. Dated April 24, 2012. Joseph R. Guccione US Marshal SDNY By: Amaury Pena. (rjm)
September 7, 2012 Filing 504 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Banco Bilbao Vizcaya Argentaria S.A. on 2/18/2010. Service was accepted by Pilar Otero. Document filed by EM Ltd., NML Capital, Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment unsatisfied. Dated April 24, 2012. Joseph R. Guccione US Marshal SDNY By: Amaury Pena. (rjm)
August 22, 2012 Opinion or Order Filing 503 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Benedict J. Schweigert dated 8/10/2012 re: Davis Polk & Wardwell LLP, a firm with which I was formerly associated, represents nonparty Citibank, N.A. in the above-referenced cases. I left Davis Polk & Wardwell LLP on April 20, 2012, and thus no longer serve as counsel to Citibank, N.A. Accordingly, I respectfully request that the Court instruct the docket clerk to remove my registration as counsel of record. ENDORSEMENT: So ordered., Attorney Benedict John Schweigert terminated. (Signed by Judge Thomas P. Griesa on 8/22/2012) (lmb)
August 8, 2012 Filing 502 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED served on Commerzbank New York Branch on 2/22/10. Service was accepted by Khad IJA Johnson. Document filed by EM Ltd., NML Capital, Ltd.. (pl)
August 8, 2012 Filing 501 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ Of Execution served on First Commerical Bank on 2/22/2010. Service was accepted by Jerry Fu, Loan Officer. Document filed by EM Ltd., NML Capital, Ltd.. (pl)
August 8, 2012 Filing 500 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ Of Execution served on BNP Paribas on 2/22/2010. Service was accepted by Ryan Fallon-Legal. Document filed by EM Ltd., NML Capital, Ltd.. (pl)
August 8, 2012 CASHIERS OFFICE REGISTRY DISBURSEMENT as per #497 Order,,, dated 07/14/2012, from Judge Paul A. Crotty, on 08/08/2012 disbursed to pay EM LTD $270,866.66 Check No. 00956528 dated 08/08/2012 FEDEX# 8003 1837 4403 (jd)
August 7, 2012 CASHIERS OFFICE REGISTRY DEPOSIT dated 7/19/12, from Judge Judge Paul G. Gardephe, received $270866.66 from WIRE TRANSFER Receipt Number 12465400462 on 8/7/12. (dig)
August 3, 2012 Filing 554 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Barclays Bank PLC. Service was attempted on 2/22/2010. Document filed by EM Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment unsatisfied. Dated April 26, 2012. Joseph R. Guccione US Marshal SDNY By: Amaury Pena. (rjm)
August 3, 2012 Filing 499 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED for Writ of Execution as to The Republic of Argentina and Banco Central de la Republica Argentina: Banco Latinoamericano de Exportaciones S.A. Service was attempted on 2/25/2010. Document filed by EM Ltd., NML Capital, Ltd. I hereby certify and return that I have received no funds or property belonging to the judgment debtor. Judgment unsatisfied. Dated April 26, 2012. Joseph R. Guccione US Marshal SDNY By: Amaury Pena. (rjm) Modified on 8/8/2012 (rjm).
July 19, 2012 Opinion or Order Filing 498 Vacated as per Judge's Order dated 5/6/2016, Doc. #572. Writ of Execution Issued on 7/19/2012 Judgment # 03,1948 in the amount of $ 724,801,662 in favor of Plaintiff EM Ltd. against Republic of Argentina. (Signed by Judge Paul A. Crotty, Part I on 7/19/2012) (lmb) Modified on 5/6/2016 (kl).
July 19, 2012 Opinion or Order Filing 497 ORDER ON EXECUTION PROCEDURES:IT IS HEREBY ORDERED THAT:1. NML and EM shall each deliver one writ of execution to the United States Marshal's Office for the Southern District of New York (the "USMO"), each of which shall be directed to one-half of the BH Trust Property (each a "Writ of Execution"). The Writs of Execution shall be deemed simultaneously delivered to the USMO. The USMO shall levy the Writs of Execution upon the BH Trust Property as soon as practicable thereafter (the "Levy"). The USMO shall provide Notice (as set forth in Paragraph 16) to Plaintiffs, U.S. Bank Trust, the Republic and BNA of the Levy. Plaintiffs, U.S. Bank Trust, the Republic and BNA shall treat such Notice as confidential and shall not distribute such Notice to any third parties and as further set forth in this order (Signed by Judge Paul A. Crotty, Part I on 7/19/2012) (lmb)
July 9, 2012 Opinion or Order Filing 496 ORDER: The 12/2005 Orders and the 4/2010 Order, and all associated orders, are vacated and dismissed and all attachments and restraints of the FRBNY Funds ordered therein are lifted. (Signed by Judge Paul A. Engelmayer, sitting in Part I on 7/9/2012) (cd)
June 26, 2012 Filing 495 MANDATE of USCA (Certified Copy) as to #382 Notice of Appeal filed by Banco Central de la Republica Argentina, #383 Notice of Appeal filed by The Republic of Argentina. USCA Case Number 10-1487-cv(L). Ordered, Adjudged and Decreed that the order of the District Court are VACATED, and the cause is REMANDED with instructions to dismiss the orders of attachment and for such further proceedings as my be appropriate in accordance with the Opinion of this Court.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 6/26/2012. (nd)
May 18, 2012 Opinion or Order Filing 494 ENDORSED LETTER: addressed to Judge Thomas P. Griesa from Robert A. Cohen dated 4/26/2012 re: Accordingly, Plaintiffs request that the Court through the endorsement of this letter, (1) instruct the Marshals Service that it may take the ANPCT Account into custody; (2)direct BNA to deliver the property held in the ANPCT account to the Marshals Service within five business days; and (3) further extend, pursuant to CPLR section 5232(a), the levy of Plaintiffs' executions through ninety (90) days from the date of this order. ENDORSEMENT: Application denied. So Ordered. (Signed by Judge Thomas P. Griesa on 5/18/2012) (js)
May 18, 2012 Opinion or Order Filing 493 ENDORSED LETTER: addressed to Judge Thomas P. Griesa from Robert A. Cohen dated 5/18/2012 re: To avoid any doubt regarding the continuing viability after May 21, 2012 of the levies of Plaintiffs' writs of execution, Plaintiffs request that the Court further extend those levies pursuant to Section 5232 (a) of the New York Civil Practice Law and Rules. ENDORSEMENT: Approved. So Ordered. (Signed by Judge Thomas P. Griesa on 5/18/2012) (js)
April 20, 2012 Filing 491 MANDATE of USCA (Certified Copy) as to #426 Notice of Appeal filed by The Republic of Argentina USCA Case Number 10-4492. Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED in accordance with the opinion of this Court. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 04/20/2012. (nd)
March 28, 2012 Opinion or Order Filing 489 OPINION: #101630 The Court grants the motions of BCRA, Citibank, and the Republic to vacate the attachment orders. The Court denies plaintiffs' motion to confirm the attachment orders. The Court denies plaintiffs' motion for expedited discovery. This opinion addresses the motions listed as document numbers 308, 311, 326, 331, and 335 in case 07 Civ. 2693, as well as the same motions in the related cases. Re: #463 MOTION to Vacate Plaintiff's Ex Parte Restraining and Omnibus Orders and to Quash the Writ of Execution filed by Citibank, N.A., #466 MOTION to Vacate /Notice of Motion to Vacate the August 1, 2011 Attachment Order and Vacate and Quash the August 9, 2011 Restraining and Omnibus Orders and Writ of Execution Concerning the Accounts of Banco Central de la Republica Argentina and Cit filed by The Republic of Argentina, #468 MOTION to Vacate Cross-Motion to Vacate the August 1, 2011 Ex Parte Attachment Order and Vacate and Quash the Parallel August 9, 2011 Ex Parte Orders filed by Banco Central de la Republica Argentina. (Signed by Judge Thomas P. Griesa on 3/28/2012) (rjm) Modified on 3/28/2012 (rjm). Modified on 3/30/2012 (jab).
March 5, 2012 Filing 490 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED - Writ of Execution served on Federal Reserve Bank of New York on 8/15/2011. Service was accepted by Stephanie Ruiz - Paralegal. Document filed by EM Ltd. Joann Goodson, Property Management Specialist, certifies and return that she has received no funds or property belonging to the judgment debtor. (ab)
February 10, 2012 Opinion or Order Filing 488 ORDER: The time for the U.S. Marshal to return said execution to the Clerk of the Court is extended an additional 60 days, to April 9, 2012. (Signed by Judge Thomas P. Griesa on 2/10/2012) (jfe)
December 13, 2011 Opinion or Order Filing 487 ORDER: The time for the U.S. Marshal to return said execution to the Clerk of the Court is extended an additional 60 days, to February 6, 2012. (Signed by Judge Thomas P. Griesa on 12/13/2011) (lmb)
October 5, 2011 Filing 486 SEALED DOCUMENT placed in vault.(mps)
October 5, 2011 Filing 485 REPLY MEMORANDUM OF LAW in Support re: #468 MOTION to Vacate Cross-Motion to Vacate the August 1, 2011 Ex Parte Attachment Order and Vacate and Quash the Parallel August 9, 2011 Ex Parte Orders. and in Opposition to Plaintiffs' Motions to Confirm the Attachment Order and for Related Expedited Discovery. Document filed by Banco Central de la Republica Argentina. (Ushkow, Michael)
October 5, 2011 Filing 484 REPLY MEMORANDUM OF LAW in Support re: #463 MOTION to Vacate Plaintiff's Ex Parte Restraining and Omnibus Orders and to Quash the Writ of Execution.. Document filed by Citibank, N.A.. (Kerr, James)
October 5, 2011 Filing 483 REPLY MEMORANDUM OF LAW in Support re: #466 MOTION to Vacate /Notice of Motion to Vacate the August 1, 2011 Attachment Order and Vacate and Quash the August 9, 2011 Restraining and Omnibus Orders and Writ of Execution Concerning the Accounts of Banco Central de la Republica Argentina and Cit. Document filed by The Republic of Argentina. (Attachments: #1 Certificate of Service)(Boccuzzi, Carmine)
September 30, 2011 Filing 482 CERTIFICATE OF SERVICE of Notice of Citibank's Motion to Vacate Plaintiff's Ex Parte Restraining and Omnibus Orders and to Quash the Writ of Execution, Memorandum of Law in Support of Citibank's Motion to Vacate Plaintiff's Ex Parte Restraining and Omnibus Orders and to Quash the Writ of Execution, and Declaration of James L. Kerr in Support of Citibank's Motion to Vacate Plaintiff's Ex Parte Restraining and Omnibus Orders and to Quash the Writ of Execution with Attached Exhibits A-D served on Charles Platto on September 8, 2011. Document filed by Bank for International Settlements, Jaime Caruana. (Schweigert, Benedict)
September 28, 2011 Filing 481 MEMORANDUM OF LAW re: #453 EX PARTE MOTION for Writ of Execution against Federal Reserve Bank of New York / Plaintiff's Ex Parte Motion for Order of Restraint and Issuance of Writ of Execution (Also see Document Nos. 450 and 451).EX PARTE MOTION for Writ of Execution against Federal Reserve Bank of New York / Plaintiff's Ex Parte Motion for Order of Restraint and Issuance of Writ of Execution (Also see Document Nos. 450 and 451)., #463 MOTION to Vacate Plaintiff's Ex Parte Restraining and Omnibus Orders and to Quash the Writ of Execution., #466 MOTION to Vacate /Notice of Motion to Vacate the August 1, 2011 Attachment Order and Vacate and Quash the August 9, 2011 Restraining and Omnibus Orders and Writ of Execution Concerning the Accounts of Banco Central de la Republica Argentina and Cit, #454 MOTION for Writ of Execution against Federal Reserve Bank of New York / Plaintiff's Omnibus Motion for Order of Restraint and Issuance of Writ of Execution (Also see Document Nos. 450, 451 and 452). MOTION for Writ of Execution against Federal Reserve Bank of New York / Plaintiff's Omnibus Motion for Order of Restraint and Issuance of Writ of Execution (Also see Document Nos. 450, 451 and 452).. Document filed by EM Ltd.. (Platto, Charles)
September 16, 2011 Filing 480 NOTICE OF APPEARANCE by Lindsey Taylor Knapp on behalf of Citibank, N.A. (Knapp, Lindsey)
September 16, 2011 Filing 479 NOTICE OF APPEARANCE by Benedict John Schweigert on behalf of Citibank, N.A. (Schweigert, Benedict)
September 16, 2011 Filing 478 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 8/30/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:03-cv-02507-TPG, 1:05-cv-10383-TPG, 1:06-cv-01839-TPG, 1:06-cv-03276-TPG(McGuirk, Kelly)
September 16, 2011 Filing 477 TRANSCRIPT of Proceedings re: Conference held on 8/30/2011 before Judge Thomas P. Griesa. Court Reporter/Transcriber: Ann Hairston, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/10/2011. Redacted Transcript Deadline set for 10/20/2011. Release of Transcript Restriction set for 12/19/2011.Filed In Associated Cases: 1:03-cv-02507-TPG, 1:05-cv-10383-TPG, 1:06-cv-01839-TPG, 1:06-cv-03276-TPG(McGuirk, Kelly)
September 16, 2011 Filing 476 NOTICE OF APPEARANCE by Edmund Polubinski, III on behalf of Citibank, N.A. (Polubinski, Edmund)
September 9, 2011 Filing 474 CERTIFICATE OF SERVICE of Brendan Cyr on September 8, 2011. Service was made by ECF. Document filed by The Republic of Argentina. (Moore, Christopher)
September 8, 2011 Filing 475 SEALED DOCUMENT placed in vault.(nm)
September 8, 2011 Filing 473 SEALED DOCUMENT placed in vault.(nm)
September 8, 2011 Filing 472 SEALED DOCUMENT placed in vault.(mps)
September 8, 2011 Filing 471 MEMORANDUM OF LAW Dated September 8, 2011 in Opposition re #458 and in Support re #466 . Document filed by The Republic of Argentina. (Moore, Christopher)
September 8, 2011 Filing 470 DECLARATION of Carmine D. Boccuzzi Attaching Cosentino and Eggers Declarations, dated September 8, 2011 in Opposition re #458 and in Support re #466 . Document filed by The Republic of Argentina. (Moore, Christopher)
September 8, 2011 Filing 469 MEMORANDUM OF LAW in Support re: #468 MOTION to Vacate Cross-Motion to Vacate the August 1, 2011 Ex Parte Attachment Order and Vacate and Quash the Parallel August 9, 2011 Ex Parte Orders. and in Opposition to Plaintiffs' Motions to Confirm the Attachment Order and for Related Expedited Discovery. Document filed by Banco Central de la Republica Argentina. (Neuhaus, Joseph)
September 8, 2011 Filing 468 MOTION to Vacate Cross-Motion to Vacate the August 1, 2011 Ex Parte Attachment Order and Vacate and Quash the Parallel August 9, 2011 Ex Parte Orders. Document filed by Banco Central de la Republica Argentina.(Neuhaus, Joseph)
September 8, 2011 Filing 467 DECLARATION of Carmine D. Boccuzzi, dated September 8, 2011 in Opposition re #458 and in Support re #466 . Document filed by The Republic of Argentina. (Moore, Christopher)
September 8, 2011 Filing 466 MOTION to Vacate /Notice of Motion to Vacate the August 1, 2011 Attachment Order and Vacate and Quash the August 9, 2011 Restraining and Omnibus Orders and Writ of Execution Concerning the Accounts of Banco Central de la Republica Argentina and Citibank at the Federal Reserve Bank of New York, Dated September 8, 2011. Document filed by The Republic of Argentina.(Moore, Christopher)
September 8, 2011 Filing 465 DECLARATION of James L. Kerr in Support re: #463 MOTION to Vacate Plaintiff's Ex Parte Restraining and Omnibus Orders and to Quash the Writ of Execution.. Document filed by Citibank, N.A.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Kerr, James)
September 8, 2011 Filing 464 MEMORANDUM OF LAW in Support re: #463 MOTION to Vacate Plaintiff's Ex Parte Restraining and Omnibus Orders and to Quash the Writ of Execution.. Document filed by Citibank, N.A.. (Kerr, James)
September 8, 2011 Filing 463 MOTION to Vacate Plaintiff's Ex Parte Restraining and Omnibus Orders and to Quash the Writ of Execution. Document filed by Citibank, N.A..(Kerr, James)
September 6, 2011 Filing 462 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 8/30/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:03-cv-02507-TPG, 1:05-cv-10383-TPG, 1:06-cv-01839-TPG, 1:06-cv-03276-TPG(McGuirk, Kelly)
September 6, 2011 Filing 461 TRANSCRIPT of Proceedings re: Conference held on 8/30/2011 before Judge Thomas P. Griesa. Court Reporter/Transcriber: Ann Hairston, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/30/2011. Redacted Transcript Deadline set for 10/10/2011. Release of Transcript Restriction set for 12/8/2011.Filed In Associated Cases: 1:03-cv-02507-TPG, 1:05-cv-10383-TPG, 1:06-cv-01839-TPG, 1:06-cv-03276-TPG(McGuirk, Kelly)
September 2, 2011 Filing 492 OPINION: #100746 The Court grants the motion to quash the subpoena and denies the motion to compel compliance therewith. The Court will discuss with the parties other means of discovery to obtain the information which plaintiffs are now legitimately seeking. This opinion resolves the motions listed as documents numbers 358 and 375 in case 03 Civ. 8845, as well as the same motions in the related cases. (Signed by Judge Thomas P. Griesa on 9/2/2011) (rdz)
September 1, 2011 Opinion or Order Filing 460 STIPULATION AND CONSENT ORDER: Any memoranda of law and other papers in opposition to the EM Discovery Motion shall be served on or before September 8, 2011; any reply thereto shall be served on or before September 28, 2011; and oral argument with respect to the Discovery Motion shall be heard on a date to be set by the Court that is on or after October 3, 2011. (Signed by Judge Thomas P. Griesa on 9/1/2011) (ab)
August 25, 2011 Opinion or Order Filing 459 STIPULATION AND CONSENT ORDER: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel as follows:I. With respect to the EM FRBNY Subpoena, the date to respond or object to the request for documents is adjourned from August 24 to August 29,2011, and the date for testimony is adjourned sine die.2. With respect to the EM Citibank Subpoena, the date to respond or object to the request for documents is adjourned from August 24 to August 29, 2011, and the date for testimony is adjourned sine die. All other provisions as set forth in this order. so Ordered (Signed by Judge Thomas P. Griesa on 8/25/2011) (js)
August 17, 2011 Filing 458 NOTICE of Joinder in the Motion for Expedited Discovery from the Republic of Argentina and the Banco Central de la Republica Argentina filed on August 8, 2011 by the Aurelius Plaintiffs in case no. 07 cv 2715 (document no. 392). Document filed by EM Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Platto, Charles)
August 11, 2011 Filing 457 AFFIDAVIT OF SERVICE of Writ of Execution, Omnibus Order and Restraining Order served on Federal Reserve Bank of New York on 8/9/11. Service was accepted by Stephanie Ruiz, Investigative Paralegal. Document filed by EM Ltd.. (Platto, Charles)
August 11, 2011 Filing 456 DECLARATION of Charles Platto in Support re: #453 EX PARTE MOTION for Writ of Execution against Federal Reserve Bank of New York / Plaintiff's Ex Parte Motion for Order of Restraint and Issuance of Writ of Execution (Also see Document Nos. 450 and 451).EX PARTE MOTION for Writ of Execution against Federal Reserve Bank of New York / Plaintiff's Ex Parte Motion for Order of Restraint and Issuance of Writ of Execution (Also see Document Nos. 450 and 451).. Document filed by EM Ltd.. (Platto, Charles)
August 11, 2011 Filing 455 MEMORANDUM OF LAW in Support re: #453 EX PARTE MOTION for Writ of Execution against Federal Reserve Bank of New York / Plaintiff's Ex Parte Motion for Order of Restraint and Issuance of Writ of Execution (Also see Document Nos. 450 and 451).EX PARTE MOTION for Writ of Execution against Federal Reserve Bank of New York / Plaintiff's Ex Parte Motion for Order of Restraint and Issuance of Writ of Execution (Also see Document Nos. 450 and 451). / Memorandum of Law in Support of Plaintiff's Ex Parte Motion for Order of Restraint and Issuance of Writ of Execution. Document filed by EM Ltd.. (Platto, Charles)
August 11, 2011 Filing 454 MOTION for Writ of Execution against Federal Reserve Bank of New York / Plaintiff's Omnibus Motion for Order of Restraint and Issuance of Writ of Execution (Also see Document Nos. 450, 451 and 452). Document filed by EM Ltd..(Platto, Charles)
August 11, 2011 Filing 453 EX PARTE MOTION for Writ of Execution against Federal Reserve Bank of New York / Plaintiff's Ex Parte Motion for Order of Restraint and Issuance of Writ of Execution (Also see Document Nos. 450 and 451). Document filed by EM Ltd..(Platto, Charles)
August 11, 2011 Opinion or Order Filing 452 OMNIBUS ORDER; EM's attorneys and their respective employees or agents are hereby specially appointed pursuant to Federal Rule of Civil Procedure ("Fed. R. Civ. P.") 4.1, to serve on any garnishee located within the jurisdiction of this Court, a Writ of Execution issued on this date pursuant to Fed. R. Civ. P. 64 & 69, 5230 and 52220fthe New York Civil Practice Law and Rules ("CPLR"), and the Foreign Sovereign Immunities Act, 28 U.S.C. 1601 et seq.,thereby levying upon each such garnishee pursuant to so as to maintain priority pursuant to CPLR 5234 in relation to other creditors of Argentina while Plaintiffs' application is pending. All other provisions as further set forth in this order. So Ordered (Signed by Judge Thomas P. Griesa on 8/9/2011) (js)
August 11, 2011 Filing 451 Writ of Execution Issued as to The Republic of Argentina on 8/9/2011 Judgment # 03,1948 in the amount of $ 724,801,662, in favor of Plaintiff EM Ltd. against The Republic of Argentina. (Signed by Judge Thomas P. Griesa on 8/9/2011) (js)
August 11, 2011 Opinion or Order Filing 450 RESTRAINING ORDER: now, on the motion of Charles Platto, attorney for EM, IT IS HEREBY:ORDERED that Plaintiffs' motion for a restraining order is granted in its entirety and that the amount to be secured by this Restraining Order shall be $801,440,824.30, comprised of the amount of Plaintiffs' final judgments plus accrued post judgment interest. All other provisions as further set forth in this order. (Signed by Judge Thomas P. Griesa on 8/9/2011) (js)
May 31, 2011 Filing 449 NOTICE OF APPEARANCE by Edward David Sherwin on behalf of Bank for International Settlements, Jaime Caruana (Sherwin, Edward)
March 4, 2011 Filing 448 REPLY MEMORANDUM OF LAW regarding Motions to Quash and to Compel. Document filed by EM Ltd., NML Capital, Ltd.. (Cohen, Robert)
February 28, 2011 Filing 447 ENDORSED LETTER addressed to Judge Thomas P. Greisa from Dennis H. Hranitzky, dated 2/25/2011, re: We represent plaintiff NML Capital, Ltd. in the above-captioned actions and write on behalf of NML and plaintiff EM Ltd. (together "Plaintiffs"), to request a brief extension of the due date for Plaintiffs' reply submission in further support of its motions to compel compliance with certain subpoenas, and in opposition to the motions to quash those subpoenas. That submission is currently due on March 1, 2011; Plaintiffs request an extension until March 4. Neither defendant the Republic of Argentina, nor nonparties the Bank for International Settlements, Jaime Caruana, Banco de la Nacion Argentina or Bank of America objects to this request. In compliance with the Court's Individual Practice I.E, Plaintiffs disclose that several requests for extensions of time have been made in connection with the affected motions-all of which were by consent, and none of which was denied. ENDORSEMENT: Approved. Replies due by 3/4/2011. (Signed by Judge Thomas P. Griesa on 2/28/2011) (lnl)
February 10, 2011 Filing 446 DECLARATION of Rachel Goldbrenner , dated February 10, 2011. Document filed by The Republic of Argentina. (Attachments: #1 Certificate of Service)(Blackman, Jonathan)
February 10, 2011 Filing 445 MEMORANDUM OF LAW /Supplemental Memorandum of Law of The Republic of Argentina in Support of Motions to Quash and in Opposition to Motions to Compel Subpoenas, dated February 10, 2011. Document filed by The Republic of Argentina. (Blackman, Jonathan)
February 10, 2011 Filing 444 DECLARATION of Hermann Greve in Support re: #420 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana.. Document filed by Bank for International Settlements, Jaime Caruana. (Wagner, Karen)
February 10, 2011 Filing 443 DECLARATION of Prof Dr. Ramon Mabillard LL.M. in Support re: #420 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana.. Document filed by Bank for International Settlements, Jaime Caruana. (Wagner, Karen)
February 10, 2011 Filing 442 REPLY MEMORANDUM OF LAW in Support re: #420 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana. and in Opposition to the Plaintiffs' Cross-Motion to Compel. Document filed by Bank for International Settlements, Jaime Caruana. (Wagner, Karen)
January 28, 2011 Filing 441 DECLARATION of Eric C. Kirsch. Document filed by NML Capital, Ltd.. (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)(Cohen, Robert)
January 20, 2011 Filing 440 DECLARATION of ERIC C. KIRSCH. Document filed by EM Ltd., NML Capital, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B PT 1 OF 2, #3 Exhibit B PT 2 OF 2, #4 Exhibit C)(Cohen, Robert)
January 20, 2011 Filing 439 SUPPLEMENTAL MEMORANDUM OF LAW REGARDING MOTIONS TO QUASH AND COMPEL. Document filed by EM Ltd., NML Capital, Ltd.. (Cohen, Robert)
January 19, 2011 Filing 438 TRANSCRIPT of proceedings held on 12/17/10, 11:05 a.m. before Judge Thomas P. Griesa. Relates to 03-2507, 03-8845, 05-6200. (rjm)
January 13, 2011 Set Deadline as to #420 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana. BIS Reply Memorandum due by 2/10/2011. (lnl)
January 13, 2011 Filing 437 ENDORSED LETTER addressed to Judge Thomas P. Greisa from Dennis H. Hranitzky, dated 1/11/2011, re: We represent NML Capital, Ltd. ("NML") in the above-captioned actions and as directed by the Court at the end of the December 17, 2010 motion conference in these actions (the "Motion Conference"), write on behalf of NML and EM Ltd. (together "Plaintiffs"), nonparties the Bank for International Settlements and Jaime Caruana (together, the "BIS Nonparties"), nonparty Banco de la Nacion Argentina ("BNA"), nonparty Bank of America ("BofA") and defendant the Republic of Argentina (the "Republic") to propose a schedule for further briefing in connection with various discovery-related motions now pending in these actions. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 1/13/2011) (lnl)
December 10, 2010 Filing 436 ENDORSED LETTER addressed to Judge Thomas P. Greisa from Dennis H. Hranitzky, dated 12/1/2010, re: We represent NML Capital, Ltd. ("NML") in the above-captioned actions and write on behalf of NML and EM Ltd. ("EM", and together with NML "Plaintiffs"), and non parties Jaime Caruana and the Sank for International Settlements ("BIS"), to request an adjournment of the schedule for further briefing on Mr. Caruana and the BIS's pending motion to quash, and Plaintiffs' pending cross motion to compel (collectively, the "BIS Motions"). The parties have agreed to the following proposed schedule for further briefing on the BIS Motions: December 21, 2010 Mr. Caruana and the BIS's reply in support of motion to quash and opposition to motion to compel January 14, 2011 Plaintiffs' reply in support of motion to compel. ENDORSEMENT: Briefing schedule suspended until conference. (Signed by Judge Thomas P. Griesa on 12/10/2010) (lnl)
December 2, 2010 First Supplemental ROA Sent to USCA (Electronic File). USCA Case Number 10-4492-cv. Certified Supplemental Indexed record on Appeal Electronic Files for #389 Reply Memorandum of Law in Support of Motion filed by The Republic of Argentina, #408 Stipulation and Order, Set Scheduling Order Deadlines,,,, #365 Declaration,, filed by EM Ltd., #384 Order,, #342 Endorsed Letter, #391 Stipulation and Order, Set Deadlines/Hearings,,,,,, #433 Declaration in Support of Motion, filed by EM Ltd., NML Capital, Ltd., #429 Endorsed Letter, Set Motion and R&R Deadlines/Hearings,,,, #356 Endorsed Letter, Set Motion and R&R Deadlines/Hearings,,,, #351 Memorandum of Law in Support of Motion, filed by EM Ltd., NML Capital, Ltd., #419 Rule 7.1 Corporate Disclosure Statement filed by Bank for International Settlements, Jaime Caruana, #431 Memorandum of Law in Support of Motion, filed by EM Ltd., NML Capital, Ltd., #409 Stipulation and Order, Set Deadlines/Hearings,,,, #396 Notice of Appeal filed by EM Ltd., #402 MOTION to Vacate May 28, 2010 Ex Parte Attachment Orders. filed by Banco De La Nacion Argentina, #394 Stipulation and Order, Set Motion and R&R Deadlines/Hearings,,,,,, #320 Notice of Appearance filed by EM Ltd., #407 Declaration in Support of Motion filed by Banco De La Nacion Argentina, #427 Joinder filed by The Republic of Argentina, #393 Stipulation and Order, #362 Brief, filed by EM Ltd., #329 Endorsed Letter,, #373 Joinder, filed by The Republic of Argentina, #324 Appeal Record Sent to USCA - Index, #358 Reply Memorandum of Law, filed by EM Ltd., #410 USCA Mandate, #375 Joinder, filed by The Republic of Argentina, #434 Declaration in Support of Motion,, filed by EM Ltd., NML Capital, Ltd., #417 Notice of Appearance filed by Bank for International Settlements, Jaime Caruana, #418 Notice of Appearance filed by Bank for International Settlements, Jaime Caruana, #397 Declaration,,, filed by EM Ltd., #345 Appeal Record Sent to USCA - Index, #412 Reply Memorandum of Law in Oppisition to Motion filed by Banco De La Nacion Argentina, #331 Endorsed Letter, #421 Memorandum of Law in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #383 Notice of Appeal filed by The Republic of Argentina, #343 Reply Memorandum of Law in Support, filed by EM Ltd., NML Capital, Ltd., #360 Endorsed Letter, Set Motion and R&R Deadlines/Hearings,, #385 Appeal Record Sent to USCA - Index, #347 Order,,,,,,,,,, #319 Memorandum & Opinion,,,, #344 Endorsed Letter, Set Deadlines,, #422 Declaration in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #398 USCA Mandate, #413 Reply Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #401 Memorandum of Law in Support of Motion, filed by The Republic of Argentina, #388 Reply Memorandum of Law in Support of Motion filed by Banco Central de la Republica Argentina, #328 Endorsed Letter, #414 Stipulation and Order, Consent Order,, #399 MOTION to Vacate / Notice of Motion to Vacate Ex Parte Order of Attachment, dated July 30, 2010. filed by The Republic of Argentina, #425 Memorandum & Opinion,,,,,,, #359 Declaration, filed by EM Ltd., #416 Notice of Appearance filed by Bank for International Settlements, Jaime Caruana, #368 Order, #430 CROSS MOTION to Compel nonparty Jamie Caruana to comply with the Subpoena served on October 7, 2010. filed by EM Ltd., NML Capital, Ltd., #372 MOTION to Vacate and Quash Ex Parte Orders. filed by Banco Central de la Republica Argentina, #400 Declaration in Support of Motion, filed by The Republic of Argentina, #420 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana. filed by Bank for International Settlements, Jaime Caruana, #392 Memorandum & Opinion, #380 Order, #352 Declaration in Support of Motion,,,,, filed by EM Ltd., NML Capital, Ltd., #423 Declaration in Support of Motion filed by Bank for International Settlements, Jaime Caruana, #405 Declaration in Support of Motion filed by Banco De La Nacion Argentina, #363 Declaration,,,,,,,,,, filed by EM Ltd., #321 Notice of Change of Address filed by EM Ltd., #390 USCA Order,,,, #378 Order,,,, #395 USCA Mandate,,,,,, #432 Declaration in Support of Motion,, filed by EM Ltd., NML Capital, Ltd., #404 Declaration in Support of Motion, filed by Banco De La Nacion Argentina, #411 Reply Memorandum of Law in Support of Motion, filed by EM Ltd., #325 Endorsed Letter, Set Motion and R&R Deadlines/Hearings,,,, #349 EX PARTE MOTION for Writ of Attachment and Restraint, and Writs of Execution. filed by EM Ltd., NML Capital, Ltd., #415 Order,,,, #340 USCA Order,,,, #403 Memorandum of Law in Support of Motion,, filed by Banco De La Nacion Argentina, #346 Order,,,,,, #350 MOTION for Writ of Attachment , Restraint and Execution (OMNIBUS). filed by EM Ltd., NML Capital, Ltd., #348 Order,,,, #379 Endorsed Letter, Set Deadlines/Hearings,, #353 Stipulation and Order,,,,,,, #376 Memorandum & Opinion,,, #386 Appeal Record Sent to USCA - Index, #371 Response filed by Banco Central de la Republica Argentina, #428 Declaration filed by The Republic of Argentina, #426 Notice of Appeal filed by The Republic of Argentina, #424 Declaration in Support of Motion, filed by Bank for International Settlements, Jaime Caruana, #369 Order,,, #382 Notice of Appeal filed by Banco Central de la Republica Argentina, #406 Declaration in Support of Motion filed by Banco De La Nacion Argentina were transmitted to the U.S. Court of Appeals. (nd)
November 30, 2010 Filing 435 Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for #426 Notice of Appeal filed by The Republic of Argentina USCA Case Number 10-4492-cv, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (tp) (Additional attachment(s) added on 12/2/2010: #1 part 2, pages 16-34) (nd).
November 19, 2010 Filing 434 DECLARATION of Dennis H. Hranitzky in Opposition to Motion to Quash Subpoena and in Support re: #430 CROSS MOTION to Compel nonparty Jamie Caruana to comply with the Subpoena served on October 7, 2010.. Document filed by EM Ltd., NML Capital, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C 1 OF 2, #4 Exhibit C 2 OF2, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T)(Hranitzky, Dennis)
November 19, 2010 Filing 433 DECLARATION of Saverio Lembo in Opposition to Motion to Quash Subpoena and in Support re: #430 CROSS MOTION to Compel nonparty Jamie Caruana to comply with the Subpoena served on October 7, 2010.. Document filed by EM Ltd., NML Capital, Ltd.. (Hranitzky, Dennis)
November 19, 2010 Filing 432 DECLARATION of Alex Cukierman Ph.D in Opposition to Motion to Quash Subpoena and in Support re: #430 CROSS MOTION to Compel nonparty Jamie Caruana to comply with the Subpoena served on October 7, 2010.. Document filed by EM Ltd., NML Capital, Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9 1OF3, #10 Exhibit 9 2OF3, #11 Exhibit 9 3OF3, #12 Exhibit 10 1OF2, #13 Exhibit 10 2OF2, #14 Exhibit 11, #15 Exhibit 12)(Hranitzky, Dennis)
November 19, 2010 Filing 431 MEMORANDUM OF LAW in Support re: #430 CROSS MOTION to Compel nonparty Jamie Caruana to comply with the Subpoena served on October 7, 2010. and in Opposition to Motion to Quash Subpoena. Document filed by EM Ltd., NML Capital, Ltd.. (Hranitzky, Dennis)
November 19, 2010 Filing 430 CROSS MOTION to Compel nonparty Jamie Caruana to comply with the Subpoena served on October 7, 2010. Document filed by EM Ltd., NML Capital, Ltd..(Hranitzky, Dennis)
November 3, 2010 Filing 428 DECLARATION of Rachel Goldbrenner, dated November 3, 2010, re: #427 Joinder, #420 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana.. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
November 3, 2010 Filing 427 JOINDER to join re: #420 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana.. Document filed by The Republic of Argentina.(Boccuzzi, Carmine)
November 2, 2010 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #426 Notice of Appeal. (nd)
November 2, 2010 Transmission of Notice of Appeal to the District Judge re: #426 Notice of Appeal. (nd)
October 29, 2010 Filing 426 NOTICE OF APPEAL from #425 Memorandum & Opinion. Document filed by The Republic of Argentina. Filing fee $ 455.00, receipt number E 920152. (nd)
October 26, 2010 Opinion or Order Filing 429 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Dennis H. Hranitzky dated 10/25/2010 re: Counsel request that the Court endorse the following, agreed briefing schedule for the non-parties' October 21, 2010 Motion to Quash the Subpoena Served on Jaime Caruana (the "Motion"): November 19, 2010: Plaintiffs memorandum in opposition to Motion, and any supporting papers (otherwise due October 28, 2010); December 10, 2010: Non-parties' reply memorandum in support of Motion, and any supporting papers (otherwise due November 1, 2010). ENDORSEMENT: Approved. So Ordered. (Signed by Judge Thomas P. Griesa on 10/26/2010) (jfe)
October 21, 2010 Filing 424 DECLARATION of Dr. Ramon Mabillard in Support re: #420 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana.. Document filed by Bank for International Settlements, Jaime Caruana. (Attachments: #1 Exhibit A - Part 1, #2 Exhibit A - Part 2)(Wagner, Karen)
October 21, 2010 Filing 423 DECLARATION of Hermann Greve in Support re: #420 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana.. Document filed by Bank for International Settlements, Jaime Caruana. (Attachments: #1 Exhibit A, #2 Exhibit B)(Wagner, Karen)
October 21, 2010 Filing 422 DECLARATION of Jaime Caruana in Support re: #420 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana.. Document filed by Bank for International Settlements, Jaime Caruana. (Attachments: #1 Exhibit A, #2 Exhibit B)(Wagner, Karen)
October 21, 2010 Filing 421 MEMORANDUM OF LAW in Support re: #420 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana.. Document filed by Bank for International Settlements, Jaime Caruana. (Wagner, Karen)
October 21, 2010 Filing 420 MOTION to Quash Subpoena Served on Nonparty Jaime Caruana. Document filed by Bank for International Settlements, Jaime Caruana.(Wagner, Karen)
October 21, 2010 Filing 419 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bank for International Settlements, Jaime Caruana.(Wagner, Karen)
October 21, 2010 Filing 418 NOTICE OF APPEARANCE by James Loran Kerr on behalf of Bank for International Settlements, Jaime Caruana (Kerr, James)
October 21, 2010 Filing 417 NOTICE OF APPEARANCE by Jennifer Gillian Newstead on behalf of Bank for International Settlements, Jaime Caruana (Newstead, Jennifer)
October 21, 2010 Filing 416 NOTICE OF APPEARANCE by Karen E Wagner on behalf of Jaime Caruana, Bank for International Settlements (Wagner, Karen)
October 19, 2010 Opinion or Order Filing 415 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: 1:03-cv-02507-TPG, 1:06-cv-01839-TPG, 1:06-cv-03276-TPG(jpo)
September 30, 2010 Opinion or Order Filing 425 OPINION #99509 re: 97 MOTION for Reconsideration, filed by EM Ltd., NML Capital, Ltd., 111 MOTION to Amend/Correct / Notice of Motion for Leave to Amend Complaint, filed on behalf of EM Ltd. and NML Capital Ltd., filed by EM Ltd., 129 MOTION to Vacate /Notice of Motion to Vacate Ex Parte Orders of Attachment, dated July 30, 2010, filed by The Republic of Argentina, 112 MOTION for Attachment Asset Pledge Plaintiffs' Ex Parte Motion for Attachment of Assets (Related to Document Nos. 109 and 110), filed on behalf of EM Ltd. and NML Capital Ltd.. MOTION for Attachment Asset Pledge Plaintiffs' Ex Parte Motion for Attachment of Assets (Related to Document Nos. 109 and 110), filed on behalf of EM Ltd. and NML Capital Ltd., filed by EM Ltd., 116 MOTION confirm Order of Attachment entered on May 28, 2010,filed by NML Capital, Ltd., 123 MOTION to Vacate Exparte Attachment Orders Dated May 28,2010, filed by Banco De La Nacion Argentina. CONCLUSION: The court grants plaintiffs' 10/15/09 motion for reconsideration, vacates the dismissal of the separate alter ego action, and confirms the validity of the attachment of the AMPCT account as of 9/12/08. The court grants the motion to amend the complaint in the separate alter ego action. The court denies the motion to confirm the 5/28/10 order attaching the ANPTC account as of 5/28/10 and grants the Republic's cross-motion to vacate. This opinion resolves the motions listed as document numbers 97,111,112,116,123, and 129 in the case with docket number 08 cv 7974, as well as the same motions listed on the related docket numbers (03-2507, 03-8845, 05-2434, 06-6466, 07-1910, 07-2690, 07-6563, 08-2541, 08-3302, 08-6978). (Signed by Judge Thomas P. Griesa on 9/30/10) (cd) Modified on 10/4/2010 (ajc). (Signed by Judge Thomas P. Griesa on 9/30/10) (cd) (cd). (Entered: 11/01/2010)
September 24, 2010 Opinion or Order Filing 414 STIPULATION AND CONSENT ORDER: Now, THEREFORE, it is STIPULATED and AGREED by and among Plaintiffs, BNA and the Republic, and hereby: ORDERED that the 2008 Orders and the 2010 Order, as they relate to property of BNA, are hereby vacated and, as a result, no restraints, attachments or other restrictions remain on any property of BNA, including but not limited to the Asset Pledge Accounts, the HSBC Account and the JP Morgan Chase Account. (Signed by Judge Thomas P. Griesa on 9/24/2010) (jfe)
September 21, 2010 Filing 413 REPLY MEMORANDUM OF LAW in Support re: #399 MOTION to Vacate / Notice of Motion to Vacate Ex Parte Order of Attachment, dated July 30, 2010.. Document filed by The Republic of Argentina. (Attachments: #1 Certificate of Service)(Boccuzzi, Carmine)
September 21, 2010 Filing 412 REPLY MEMORANDUM OF LAW in Opposition re: 322 MOTION for Reconsideration.. Document filed by Banco De La Nacion Argentina. (Sullivan, Mark)
September 3, 2010 Filing 411 SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support re: 322 MOTION for Reconsideration. //Plaintiffs' Supplemental Reply Brief in Further Support of Their Motion for Partial Reconsideration and for Leave to Amend the Complaint. Document filed by EM Ltd.. (Attachments: #1 (Proposed) Amended Complaint, #2 Certificate of Service)(Grosso, Suzanne)
August 30, 2010 Transmission of USCA Mandate/Order to the District Judge re: #410 USCA Mandate. (tp)
August 27, 2010 Filing 410 MANDATE of USCA (Certified Copy) as to #290 Notice of Appeal filed by The Republic of Argentina, #289 Notice of Appeal filed by Banco De La Nacion Argentina USCA Case Number 09-3908-cv; 09-3928-cv. It is hereby Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 8/27/10. (tp)
August 13, 2010 Opinion or Order Filing 409 STIPULATION AND ORDER MODIFYING BRIEFING SCHEDULE: It is hereby stipulated and agreed by and between the parties that with respect to the Supplemental Briefing, the Amendment Motion, and the 2010 Confirmation Motion, Plaintiffs shall submit their reply brief and any supporting papers on or before September 3, 2010. With respect to the 2010 Motion to Vacate, Plaintiffs shall submit their opposition brief and any supporting papers on or before September 3, 2010 and Defendants shall submit their reply briefs and any supporting papers by September 21, 2010. (Signed by Judge Thomas P. Griesa on 8/13/2010) (jpo) Modified on 8/31/2010 (jpo).
August 13, 2010 Opinion or Order Filing 408 STIPULATION AND ORDER, that 1. With respect to the Supplemental Briefing, the Amendment Motion, and the 2010 Confirmation Motion, Plaintiffs shall submit their reply brief and any supporting papers on or before September 3, 2010. 2. With respect to the 2010 Motion to Vacate, Plaintiffs shall submit their opposition brief and any supporting papers on or before September 3, 2010 and Defendants shall submit their reply briefs and any supporting papers on or before September 21, 2010. (Signed by Judge Thomas P. Griesa on 8/13/10) (pl)
July 30, 2010 Filing 407 DECLARATION of Geoffrey P Miller in Support re: #402 MOTION to Vacate May 28, 2010 Ex Parte Attachment Orders.. Document filed by Banco De La Nacion Argentina. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Sullivan, Mark)
July 30, 2010 Filing 406 DECLARATION of HErnan Del Villar in Support re: #402 MOTION to Vacate May 28, 2010 Ex Parte Attachment Orders.. Document filed by Banco De La Nacion Argentina. (Attachments: #1 Exhibit A)(Sullivan, Mark)
July 30, 2010 Filing 405 DECLARATION of Eduardo Barreira Delfino in Support re: #402 MOTION to Vacate May 28, 2010 Ex Parte Attachment Orders.. Document filed by Banco De La Nacion Argentina. (Sullivan, Mark)
July 30, 2010 Filing 404 DECLARATION of Juan Carlos Fabrega in Support re: #402 MOTION to Vacate May 28, 2010 Ex Parte Attachment Orders.. Document filed by Banco De La Nacion Argentina. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, Part 1, #5 Exhibit D, Part 2, #6 Exhibit D, Part 3, #7 Exhibit D, Part 4, #8 Exhibit D, Part 5, #9 Exhibit D, Part 6, #10 Exhibit D, Part 7, #11 Exhibit E, #12 Exhibit F, #13 Exhibit G, #14 Exhibit H)(Sullivan, Mark)
July 30, 2010 Filing 403 MEMORANDUM OF LAW in Support re: #402 MOTION to Vacate May 28, 2010 Ex Parte Attachment Orders. Memorandum of Law of Banco De La Nacion Argentina (1) In Further Opposition to Plaintiffs" Motion For Consideration of the Court's September 30, 2009 Opinion; (2) In Opposition to Plaintiffs' Motion to Confirm and in Support of Its Motion to Vacate May 28, 2010 Ex Parte Attachment Orders and (3) In Opposition to Plaintiff's' Motion for Leave to Amend Their Alter Ego Complaint. Document filed by Banco De La Nacion Argentina. (Sullivan, Mark)
July 30, 2010 Filing 402 MOTION to Vacate May 28, 2010 Ex Parte Attachment Orders. Document filed by Banco De La Nacion Argentina.(Sullivan, Mark)
July 30, 2010 Filing 401 MEMORANDUM OF LAW in Support re: #399 MOTION to Vacate / Notice of Motion to Vacate Ex Parte Order of Attachment, dated July 30, 2010. / Memorandum of Law of the Republic of Argentina in Support of Motion to Vacate the 2010 Orders and in Opposition to Plaintiffs' Motions (i) to Confirm the 2010 Orders; (ii) for Reconsideration of Alter Ego Decision; and (iii) to Amend Alter Ego Complaint. Document filed by The Republic of Argentina. (Moore, Christopher)
July 30, 2010 Filing 400 DECLARATION of Carmine D. Boccuzzi, dated July 30, 2010 in Support re: #399 MOTION to Vacate / Notice of Motion to Vacate Ex Parte Order of Attachment, dated July 30, 2010.. Document filed by The Republic of Argentina. (Attachments: #1 Exhibit Exhibits A-O)(Moore, Christopher)
July 30, 2010 Filing 399 MOTION to Vacate / Notice of Motion to Vacate Ex Parte Order of Attachment, dated July 30, 2010. Document filed by The Republic of Argentina.(Moore, Christopher)
July 23, 2010 Filing 398 MANDATE of USCA (Certified Copy) as to #396 Notice of Appeal filed by EM Ltd. USCA Case Number 10-2862....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: 07/23/2010. (nd)
July 21, 2010 Filing 397 DECLARATION of Michael Z. Goldman (associated with Dechert LLP, counsel for NML Capital, Ltd.) to Correct Versions of Certain Documents Previously Submitted to the Court. Document filed by EM Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37)(Grosso, Suzanne)
July 16, 2010 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #396 Notice of Appeal. (nd)
July 16, 2010 Transmission of Notice of Appeal to the District Judge re: #396 Notice of Appeal. (nd)
July 14, 2010 Filing 396 NOTICE OF APPEAL from #392 Memorandum & Opinion. Document filed by EM Ltd.. Filing fee $ 455.00, receipt number E 909081. (nd)
July 14, 2010 Transmission of USCA Mandate/Order to the District Judge re: (339 in 1:05-cv-02434-TPG, 210 in 1:07-cv-02690-TPG, 209 in 1:08-cv-06978-TPG, 323 in 1:03-cv-08845-TPG, 212 in 1:07-cv-01910-TPG, 224 in 1:08-cv-03302-TPG, 66 in 1:09-cv-01707-TPG, 73 in 1:05-cv-10380-TPG, 70 in 1:05-cv-10382-TPG, 67 in 1:09-cv-01708-TPG, 395 in 1:03-cv-02507-TPG, 255 in 1:07-cv-02693-TPG, 199 in 1:07-cv-06563-TPG, 261 in 1:06-cv-06466-TPG, 328 in 1:07-cv-11327-TPG, 345 in 1:07-cv-02715-TPG, 227 in 1:08-cv-02541-TPG) USCA Mandate,. (nd)
July 14, 2010 Filing 395 MANDATE of USCA (Certified Copy) as to (66 in 1:05-cv-10380-TPG) Notice of Appeal filed by The Republic of Argentina, (129 in 1:08-cv-03302-TPG) Notice of Appeal filed by The Republic of Argentina, (192 in 1:05-cv-02434-TPG) Notice of Appeal, filed by The Republic of Argentina, (63 in 1:05-cv-10382-TPG) Notice of Appeal filed by The Republic of Argentina, (118 in 1:07-cv-02690-TPG) Notice of Appeal, filed by The Republic of Argentina, (144 in 1:06-cv-06466-TPG) Notice of Appeal, filed by The Republic of Argentina, (14 in 1:09-cv-01707-TPG) Notice of Appeal filed by The Republic of Argentina, (117 in 1:07-cv-01910-TPG) Notice of Appeal, filed by The Republic of Argentina, (108 in 1:07-cv-06563-TPG) Notice of Appeal, filed by The Republic of Argentina, (170 in 1:07-cv-02693-TPG) Notice of Appeal, filed by The Republic of Argentina, (222 in 1:07-cv-02715-TPG) Notice of Appeal, filed by The Republic of Argentina, (214 in 1:07-cv-11327-TPG) Notice of Appeal filed by The Republic of Argentina, (248 in 1:03-cv-02507-TPG) Notice of Appeal, filed by The Republic of Argentina, (184 in 1:03-cv-08845-TPG) Notice of Appeal, filed by The Republic of Argentina, (14 in 1:09-cv-01708-TPG) Notice of Appeal filed by The Republic of Argentina, (113 in 1:08-cv-06978-TPG) Notice of Appeal, filed by The Republic of Argentina, (132 in 1:08-cv-02541-TPG) Notice of Appeal filed by The Republic of Argentina USCA Case Number 09-2501-cv(L). Ordered, Adjudged and Decreed that the order of the District Court holding Defendant-appellant in contempt is VACATED as moot. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 07/13/2010. (nd)
July 9, 2010 Set/Reset Deadlines: Motions due by 7/30/2010. Replies due by 8/30/2010. Responses due by 8/13/2010 (jfe)
July 8, 2010 Opinion or Order Filing 394 STIPULATION AND ORDER MODIFYING BRIEFING SCHEDULE: NOW, THEREFORE, it is STIPULATED and AGREED that with respect to the Supplemental Briefing, the Amendment Motion, and the 2010 Confirmation Motion, Defendants shall submit their opposition briefs and any supporting papers on or before July 30, 2010, and Plaintiffs shall submit their reply brief and any supporting papers on or before August 13, 2010. With respect to the 2010 Motion to Vacate, Defendants shall submit their opening briefs and any supporting papers on or before July 30, 2010. Plaintiffs shall submit their opposition brief and any supporting papers on or before August 13, 2010 and Defendants shall submit their reply briefs and any supporting papers on or before August 30, 2010. (Signed by Judge Thomas P. Griesa on 7/8/2010) (jfe)
June 21, 2010 First Supplemental ROA Sent to USCA (Electronic File). Certified Supplemental Indexed record on Appeal Electronic Files for #389 Reply Memorandum of Law in Support of Motion filed by The Republic of Argentina, #391 Stipulation and Order, Set Deadlines/Hearings, #388 Reply Memorandum of Law in Support of Motion filed by Banco Central de la Republica Argentina, #393 Stipulation and Order, #392 Memorandum & Opinion, #390 USCA Order, USCA Case Number 10-1487-cv (L), were transmitted to the U.S. Court of Appeals. (tp)
June 18, 2010 Opinion or Order Filing 393 STIPULATION TO SUPPLEMENT THE RECORD; This Stipulation to Supplement is entered into this 26th day of May to supplement the record in Case Nos. 03 Civ. 2507, 03 Civ. 8845, 05 Civ. 2434, 06 Civ. 6466, and 06 Civ. 7792 with the material attached hereto as Exhibits 1-39 as further set forth in this Stipulation and Order. So Ordered. (Signed by Judge Thomas P. Griesa on 6/18/2010) (tve)
June 11, 2010 Opinion or Order Filing 392 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).
June 11, 2010 Set Deadlines/Hearings: Motions due by 7/21/2010. Replies due by 8/18/2010. Responses due by 8/4/2010 (jpo)
June 11, 2010 Opinion or Order Filing 391 STIPULATION AND CONSENT ORDER: It is hereby ordered that with respect to the Supplemental Briefing, the Amendment Motion, and the 2010 Confirmation Motion, Plaintiffs shall submit their opening brief and any supporting papers on or before June 30, 2010, Defendants shall submit their opposition brief and any supporting papers on or before July 21, 2010, and Plaintiffs shall submit their reply brief and any supporting papers on or before August 4, 2010. With respect to the 2010 Motion to Vacate, Defendants shall submit their opening brief and any supporting papers on or before July 21, 2010. Plaintiffs shall submit their opposition brief and any supporting papers on or before August 4, 2010 and Defendants shall submit their reply brief and any supporting papers on or before August 18, 2010. With respect to the 2010 Order served on HSBC on May 28, 2010, the attachment is vacated, as set forth in this stipulation. (Signed by Judge Thomas P. Griesa on 6/11/2010) (jpo)
May 28, 2010 Transmission of USCA Mandate/Order to the District Judge re: (187 in 1:07-cv-06563-TPG, 390 in 1:03-cv-02507-TPG, 252 in 1:07-cv-02693-TPG, 205 in 1:07-cv-02690-TPG, 72 in 1:05-cv-10380-TPG, 312 in 1:03-cv-08845-TPG, 71 in 1:05-cv-10383-TPG, 342 in 1:07-cv-02715-TPG, 200 in 1:07-cv-01910-TPG, 69 in 1:05-cv-10382-TPG) USCA Order. (nd)
May 28, 2010 Filing 390 TRUE COPY ORDER of USCA as to (66 in 1:05-cv-10380-TPG) Notice of Appeal filed by The Republic of Argentina, (63 in 1:05-cv-10382-TPG) Notice of Appeal filed by The Republic of Argentina, (118 in 1:07-cv-02690-TPG) Notice of Appeal, filed by The Republic of Argentina, (65 in 1:05-cv-10383-TPG) Notice of Appeal filed by The Republic of Argentina, (117 in 1:07-cv-01910-TPG) Notice of Appeal, filed by The Republic of Argentina, (108 in 1:07-cv-06563-TPG) Notice of Appeal, filed by The Republic of Argentina, (170 in 1:07-cv-02693-TPG) Notice of Appeal, filed by The Republic of Argentina, (222 in 1:07-cv-02715-TPG) Notice of Appeal, filed by The Republic of Argentina, (248 in 1:03-cv-02507-TPG) Notice of Appeal, filed by The Republic of Argentina, (184 in 1:03-cv-08845-TPG) Notice of Appeal, filed by The Republic of Argentina USCA Case Number 09-2501-cv(L). UPON DUE CONSIDERATION, it is hereby ORDERED, ADJUDGED, AND DECREED that the order of the district court holding defendant-appellant in contempt is VACATED as moot. Catherine O'Hagan Wolfe, Clerk USCA. Certified: 05/28/2010. (nd)
May 21, 2010 Filing 389 REPLY MEMORANDUM OF LAW in Support re: #372 MOTION to Vacate and Quash Ex Parte Orders.. Document filed by The Republic of Argentina. (Boccuzzi, Carmine)
May 21, 2010 Filing 388 REPLY MEMORANDUM OF LAW in Support re: #372 MOTION to Vacate and Quash Ex Parte Orders.. Document filed by Banco Central de la Republica Argentina. (Neuhaus, Joseph)
May 7, 2010 Filing 387 SEALED DOCUMENT placed in vault.(cb)
May 7, 2010 Filing 386 Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for #382 Notice of Appeal filed by Banco Central de la Republica Argentina USCA Case Number 10-1507, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (tp) (tp).
May 6, 2010 Filing 385 Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for #383 Notice of Appeal filed by The Republic of Argentina USCA Case Number 10-1529, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (nd) (nd).
April 30, 2010 Opinion or Order Filing 384 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 22, 2010 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #383 Notice of Appeal. (nd)
April 22, 2010 Transmission of Notice of Appeal to the District Judge re: #383 Notice of Appeal. (nd)
April 21, 2010 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #382 Notice of Appeal. (nd)
April 21, 2010 Transmission of Notice of Appeal to the District Judge re: #382 Notice of Appeal. (nd)
April 20, 2010 Filing 383 NOTICE OF APPEAL from #376 Memorandum & Opinion. Document filed by The Republic of Argentina. Filing fee $ 455.00, receipt number E 901478. (nd)
April 20, 2010 Filing 382 NOTICE OF APPEAL from #376 Memorandum & Opinion. Document filed by Banco Central de la Republica Argentina. Filing fee $ 455.00, receipt number E 901379. (nd)
April 16, 2010 Opinion or Order Filing 380 ORDER that the Alter Ego Motion is GRANTED as of 12/30/05; that in accordance with the 9/06 Consent Order, the 12/05 Orders (and all priority obtained thereby) shall continue to apply to the Originally Attached Amount, but the 12/05 Orders shall remain vacated in all other respects, and as further set forth in this document. (Signed by Judge Thomas P. Griesa on 4/16/10) (cd)
April 16, 2010 Opinion or Order Filing 379 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Dennis Hranitzky dated 4/15/10 re: The parties have agreed to the following schedule for further briefing on the 2010 Motions. ENDORSEMENT: So Ordered. ( Reply due by 5/14/2010. Response due by 4/30/2010) (Signed by Judge Thomas P. Griesa on 4/16/10) (cd)
April 14, 2010 Filing 381 TRANSCRIPT of proceedings held on March 9, 2010 at 11:05 am before Judge Thomas P. Griesa. (eef)
April 8, 2010 Opinion or Order Filing 378 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)
April 7, 2010 ***DELETED DOCUMENT. Deleted document number 377 OPINION. The document was incorrectly filed in this case. (jfe)
April 7, 2010 Opinion or Order Filing 376 OPINION #98816 Plaintiffs' motions for attachment and restraints, as defined earlier in this opinion, are granted. Settle order. September 2006 the two plaintiffs in the above cases moved for provisional relief with respect to approximately $100 million deposited by the Central Bank of Argentina ("BCRA") in the Federal Reserve Bank of New York ("FRBNY"). The purpose was to secure expected judgments, and to secure a judgment actually entered, against the Republic of Argentina in cases based on the Republic's default on its bond indebtedness. The motions are granted as set for in this opinion. SO ORDERED. (Signed by Judge Thomas P. Griesa on 4/7/2010) (jmi) Modified on 4/13/2010 (ajc). Modified on 4/19/2010 (jpo).
March 29, 2010 Filing 375 JOINDER to join /The Republic of Argentina's Joinder in Banco Central de la Republica Argentina's Response to Plaintiffs' New Alter Ego Allegations, dated March 26, 2010. Document filed by The Republic of Argentina.(Boccuzzi, Carmine)
March 29, 2010 Filing 374 SEALED DOCUMENT placed in vault.(dn)
March 26, 2010 Filing 373 JOINDER to join 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 Orders, dated March 26, 2010. Document filed by The Republic of Argentina.(Boccuzzi, Carmine)
March 26, 2010 Filing 372 MOTION to Vacate and Quash Ex Parte Orders. Document filed by Banco Central de la Republica Argentina. (Attachments: #1 Exhibit A)(Neuhaus, Joseph)
March 26, 2010 Filing 371 RESPONSE to Plaintiffs' New Alter Ego Allegations. Document filed by Banco Central de la Republica Argentina. (Neuhaus, Joseph)
March 26, 2010 Filing 370 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT # 375) - JOINDER to join /The Republic of Argentina's Joinder in Banco Central de la Republica Argentina's Response to Plaintiffs' New Alter Ego Allegations, dated March 26, 2010. Document filed by The Republic of Argentina.(Boccuzzi, Carmine) Modified on 4/8/2010 (gp).
March 19, 2010 Opinion or Order Filing 369 ORDER: Plaintiffs in the above-captioned actions, EM Ltd. and NML Capital, Ltd., now move for attachment and restraining orders and writs of execution mirroring the February 23 orders entered in favor of Aurelius Capital Partners et al. In view of the fact that the District Court has determined that there is no right to process with respect to the assets in question, the application of EM and NML is denied. It is appropriate to note that because of the stay order, certain of the assets are tied up pending the appeal. EM and NML are obviously seeking to assert their rights against these tied-up assets and to further assert those rights in the event the District Court is reversed. The court states that in the event of such a reversal, appropriate steps will be taken to recognize the motion which has been made by EM and NML and to further recognize whatever rights they should obtain by virtue of their motion. (Signed by Judge Thomas P. Griesa on 3/19/2010) (jfe)
March 19, 2010 Opinion or Order Filing 368 ORDER: #98700 Plaintiffs' motion to confirm this court's November 24, 2008 attachment and restraining orders and writs of execution is denied since they have been vacated by the Court of Appeals ruling properly interpreted. Plaintiffs' motion for new attachment and restraining orders and new writs of execution directed to the same assets is also denied. (Signed by Judge Thomas P. Griesa on 3/19/2010) (jfe) Modified on 3/22/2010 (eef).
March 15, 2010 Filing 367 SEALED DOCUMENT placed in vault.(jri)
March 3, 2010 Filing 365 DECLARATION of Suzanne M. Grosso re: #362 Brief, #363 Declaration,,,,,,,,,, / Supplemental Declaration of Suzanne M. Grosso in Further Support of Plaintiffs' September 2006 Motion to Attach and Restrain Certain Assets, filed on behalf of EM Ltd. and NML Capital, Ltd.. Document filed by EM Ltd.. (Attachments: #1 Exhibit 51 to Grosso Declaration, #2 Exhibit 52 to Grosso Declaration, #3 Exhibit 53 to Grosso Declaration, #4 Exhibit 54 to Grosso Declaration, #5 Exhibit 55 to Grosso Declaration, #6 Exhibit 56 to Grosso Declaration, #7 Exhibit 57 to Grosso Declaration, #8 Exhibit 58 to Grosso Declaration, #9 Certificate of Service)(Grosso, Suzanne)
March 3, 2010 Filing 364 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
March 2, 2010 Filing 363 DECLARATION of Suzanne M. Grosso in Further Support of Plaintiffs' September 2006 Motion to Attach and Restrain Certain Assets, filed on behalf of EM Ltd. and NML Capital, Ltd.. Document filed by EM Ltd.. (Attachments: #1 Exhibit 1 to Grosso Declaration, #2 Exhibit 2 to Grosso Declaration, #3 Exhibit 3 to Grosso Declaration, #4 Exhibit 4 to Grosso Declaration, #5 Exhibit 5 to Grosso Declaration, #6 Exhibit 6 to Grosso Declaration, #7 Exhibit 7 to Grosso Declaration, #8 Exhibit 8 to Grosso Declaration, #9 Exhibit 9 to Grosso Declaration, #10 Exhibit 10 to Grosso Declaration, #11 Exhibit 11 to Grosso Declaration, #12 Exhibit 12 to Grosso Declaration, #13 Exhibit 13 to Grosso Declaration, #14 Exhibit 14 to Grosso Declaration, #15 Exhibit 15 to Grosso Declaration, #16 Exhibit 16 to Grosso Declaration, #17 Exhibit 17 to Grosso Declaration, #18 Exhibit 18 to Grosso Declaration, #19 Exhibit 19 to Grosso Declaration, #20 Exhibit 20 to Grosso Declaration, #21 Exhibit 21 to Grosso Declaration, #22 Exhibit 22 to Grosso Declaration, #23 Exhibit 23 to Grosso Declaration, #24 Exhibit 24 to Grosso Declaration, #25 Exhibit 25 to Grosso Declaration, #26 Exhibit 26 to Grosso Declaration, #27 Exhibit 27 to Grosso Declaration, #28 Exhibit 28 to Grosso Declaration, #29 Exhibit 29 to Grosso Declaration, #30 Exhibit 30 to Grosso Declaration, #31 Exhibit 31 to Grosso Declaration, #32 Exhibit 32 to Grosso Declaration, #33 Exhibit 33 to Grosso Declaration, #34 Exhibit 34 to Grosso Declaration, #35 Exhibit 35 to Grosso Declaration, #36 Exhibit 36 to Grosso Declaration, #37 Exhibit 37 to Grosso Declaration, #38 Exhibit 38 to Grosso Declaration, #39 Exhibit 39 to Grosso Declaration, #40 Exhibit 40 to Grosso Declaration, #41 Exhibit 41 to Grosso Declaration, #42 Exhibit 42 to Grosso Declaration, #43 Exhibit 43 to Grosso Declaration, #44 Exhibit 44 to Grosso Declaration, #45 Exhibit 45 to Grosso Declaration, #46 Exhibit 46 to Grosso Declaration, #47 Exhibit 47 to Grosso Declaration, #48 Exhibit 48 to Grosso Declaration, #49 Exhibit 49 to Grosso Declaration, #50 Exhibit 50 to Grosso Declaration, #51 Exhibit 51 to Grosso Declaration, #52 Exhibit 52 to Grosso Declaration, #53 Exhibit 53 to Grosso Declaration, #54 Exhibit 54 to Grosso Declaration, #55 Exhibit 55 to Grosso Declaration, #56 Exhibit 56 to Grosso Declaration, #57 Exhibit 57 to Grosso Declaration, #58 Exhibit 58 to Grosso Declaration, #59 Certificate of Service)(Grosso, Suzanne)
March 2, 2010 Filing 362 SUPPLEMENTAL BRIEF / Supplemental Submission in Further Support of Plaintiffs' September 2006 Motion to Attach and Restrain Certain Assets, filed on behalf of EM Ltd. and NML Capital, Ltd.. Document filed by EM Ltd.. (Attachments: #1 Certificate of Service)(Grosso, Suzanne)
March 1, 2010 Filing 366 TRANSCRIPT of proceedings held on 2/22/2010 @ 11:05 a.m. before Judge Thomas P. Griesa. (js)
February 22, 2010 Filing 361 SEALED DOCUMENT placed in vault.(nm)
February 17, 2010 Opinion or Order Filing 360 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Joseph E. Neuhaus dated 2/11/2010 re: Counsel for Banco Central del la Repulica Argentina writes to request a 3-week extension of time until 3/9/2010 to submit the opposition to the motions to confirm the January orders. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 2/17/2010) (tve)
February 8, 2010 Filing 359 DECLARATION of David M. Bigge / Supplemental Declaration of David M. Bigge in Support of Plaintiffs' September 28, 2006 Motion for Orders of Restraint and Pre-Judgment Attachment, filed on behalf of EM Ltd. and NML Capital, Ltd.. Document filed by EM Ltd.. (Grosso, Suzanne)
February 8, 2010 Filing 358 SUPPLEMENTAL REPLY MEMORANDUM OF LAW / Plaintiffs' Supplemental Memorandum in Reply to Defendant Banco Central de la Republica Argentina's Supplemental Memorandum in Response to the December 7, 2009 Declaration of Dennis Hranitzky, filed on behalf of EM Ltd. and NML Capital, Ltd.. Document filed by EM Ltd.. (Rivkin, David)
February 1, 2010 Filing 357 TRANSCRIPT of proceedings held on 1/13/10 before Judge Thomas P. Griesa. (pl)
February 1, 2010 Set/Reset Deadlines: Responses due by 2/4/2010. (tro)
February 1, 2010 Filing 356 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Joseph E. Neuhaus dated 1/28/2010 re: Counsel for the Banco Central de la Republica Argentina request a short extension of the time to submit (i) declaration addressing the reductions in the level of reserves that BCRA held in the U.S. in the period from 2001 to 2005, as the Court requested in a telephone conference with the parties on 1/8/2010; and (ii) BCRA's opposition to the motion to confirm various ex parte attachments obtained during the week of 1/11/2010 until 2/4/2010. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 1/28/2010) (tro)
January 26, 2010 Filing 355 TRANSCRIPT of proceedings held on January 8, 2010 11:38 a.m. before Judge Thomas P. Griesa. (ajc)
January 26, 2010 Filing 354 TRANSCRIPT of proceedings held on 1/15/10 before Judge Thomas P. Griesa. Associated Cases: 1:03-cv-02507-TPG, 1:05-cv-10383-TPG, 1:06-cv-01839-TPG, 1:06-cv-03276-TPG(pl)
January 15, 2010 Opinion or Order Filing 353 STIPULATION AND CONSENT ORDER; The December 2005 Orders (as modified by the January 2006 Stipulation), the January 2006 Vacatur Order and the September 2006 Stipulation shall remain in effect in accordance with their terms. The Ex Parte Orders, and any subsequently issued Orders seeking substantially identical relief, are vacated as to the Originally Attached FRBNY Accounts, except as to the Originally Attached Property that is the subject of paragraph 1, but in all other respects remain in effect pending further order of the Court. The entry of the Stipulation and Consent Order will have no effect on thelegal positions of the parties hereto with respect to any right of Plaintiffs or the AureliusMovants to restrain, attach or execute upon any property of BCRA or the Republic, andno party may rely upon this Stipulation and Consent Order in support of an argument foror against the existence of any such right or an argument about the use or ownership ofthe property to which the Ex Parte Orders are directed. Any assets restrained or attached in the Originally Attached FRBNY Accounts as a result of the Ex Parte Order, or any subsequently issued Orders seeking substantially identical relief, shall be released (but no action is to be taken with respect to the Originally Attached Property), but any rights to attach, restrain or execute upon the property of BCRA that the Court may conclude that Plaintiffs properly exercised as of December 30, 2005, January 11, 2010 and/or January 12, 2010 will have priority over any subsequent attachment or execution by any other person. Any rights to attach or execute upon the property of BCRA that the Court may conclude that the Aurelius Movants properly exercised as of January 12, 2010 and/or January 14, 2010 will have priority over any subsequent attachment, restraint or execution by any other person. So Ordered. (Signed by Judge Thomas P. Griesa on 1/15/2010) (tve)
January 13, 2010 Filing 352 DECLARATION of Suzanne M. Grosso in Support re: #350 MOTION for Writ of Attachment , Restraint and Execution (OMNIBUS)., #349 EX PARTE MOTION for Writ of Attachment and Restraint, and Writs of Execution.. Document filed by EM Ltd., NML Capital, Ltd.. (Attachments: #1 Certificate of Service, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24A, #26 Exhibit 24B, #27 Exhibit 25, #28 Exhibit 26, #29 Exhibit 27, #30 Exhibit 28, #31 Exhibit 29, #32 Exhibit 30, #33 Exhibit 31, #34 Exhibit 32, #35 Exhibit 33, #36 Exhibit 34, #37 Exhibit 35, #38 Exhibit 36, #39 Exhibit 37, #40 Exhibit 38, #41 Exhibit 39, #42 Exhibit 40, #43 Exhibit 41, #44 Exhibit 42, #45 Exhibit 43, #46 Exhibit 44, #47 Exhibit 45, #48 Exhibit 46A, #49 Exhibit 46B, #50 Exhibit 47, #51 Exhibit 48, #52 Exhibit 49, #53 Exhibit 50, #54 Exhibit 51, #55 Exhibit 52, #56 Exhibit 53, #57 Exhibit 54)(Grosso, Suzanne)
January 13, 2010 Filing 351 MEMORANDUM OF LAW in Support re: #349 EX PARTE MOTION for Writ of Attachment and Restraint, and Writs of Execution., #350 MOTION for Writ of Attachment , Restraint and Execution (OMNIBUS).. Document filed by EM Ltd., NML Capital, Ltd.. (Attachments: #1 Certificate of Service)(Grosso, Suzanne)
January 13, 2010 Filing 350 MOTION for Writ of Attachment , Restraint and Execution (OMNIBUS). Document filed by EM Ltd., NML Capital, Ltd.. (Attachments: #1 Certificate of Service)(Grosso, Suzanne)
January 13, 2010 Filing 349 EX PARTE MOTION for Writ of Attachment and Restraint, and Writs of Execution. Document filed by EM Ltd., NML Capital, Ltd.. (Attachments: #1 Certificate of Service)(Grosso, Suzanne)
January 13, 2010 Opinion or Order Filing 348 RESTRAINING ORDER. To: ABN AMRO Bank NV, et al...; Now, on the motion of Debevoise & Plimpton LLP, attorneys for EM and Dechert LLP, attorneys for NML, IT IS HEREBY ORDERED that Plaintiffs' motion for a restraining order is granted in its entirety and that the amount to be secured by this Restraining Order shall be $2,374,589,275, comprised of the amount of Plaintiffs' final judgments plus accrued post judgment interest. FURTHER ORDERED that the two bonds of $100,000 each ($200,000 total) previously posted by EM, and the bond of $250,000 previously posted by NML, shall satisfy the bonding requirements for this Restraining Order, of which the total amount is on condition that Plaintiffs pay Defendants' costs and damages, including reasonable attorneys' fees, that may be sustained by reason of this Restraining Order if it is decided that Plaintiffs are not entitled to restrain the property described above and are ordered to compensate Defendants. (Signed by Judge Thomas P. Griesa on 1/12/10) (djc) (Signed by Judge Thomas P. Griesa on 1/11/10) (djc)
January 13, 2010 Opinion or Order Filing 347 WRIT OF EXECUTION. BY ORDER ON WRIT OF EXECUTION issued by the Court dated January 11, 2010, Final Judgment having been entered in the above-captioned action in the Southern District of New York on October 27, 2003 in favor of Plaintiff EM Ltd. 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, insatisfaction of the Final Judgment amount of $724,801,662, plus post-judgment interest on October 27, 2003 on any unpaid portion thereof at the rate(s) specified in 28 U.S.C. 961 (which, as of January 11, 2010, had accrued in the amount $60,976,637.98), 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, 225 Park Avenue, 3rd Floor, New York, New York, 10169, as appointed in the FiscalAgency Agreement underlying the Final Judgment. The U.S. Marshal is further directed to defer seizure of any Property from any garnishee located within the jurisdiction of this Court until further order of this Court. Pursuant to N.Y. C.P.L.R. 5230(c), the time for the U.S. Marshal to serve this Writ ofExecution and to return said execution to the Clerk of the Court is extended an additional 60 days. Pursuant to N.Y. C.P.L.R. 5232, the levy effected pursuant to service of this Writ of Execution on any garnishee located within the jurisdiction of this Court is extended until 30 following final resolution of Plaintiffs application with respect to this Writ of Execution, including any related appeals, proceedings on remand, and any subsequent appeals. 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 he 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 lessthan 90% of the greater of 240 times the federal minimum hourly wage prescribed in the F ir 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 ourt determines to be unnecessary for the reasonable requirements of the judgment debtor and is or her dependents. (Signed by Judge Thomas P. Griesa on 1/11/10) (djc)
January 13, 2010 Opinion or Order Filing 346 RESTRAINING ORDER. now, on the motion of Debevoise & Plimpton LLP, attorneys for EM and Dechert LLP, attorneys for NML, IT IS HEREBY ORDERED that Plaintiffs' motion for a restraining order is granted in its entirety and that the amount to be secured by this Restraining Order shall be $2,374,589,275, comprised of the amount of Plaintiffs' final judgments plus accrued post judgment interest...: FURTHER ORDERED that you, your agents, subdivisions, servants, officers, employees, and attorneys, and all persons in possession of property in which Argentina or BCRA have an interest, and all persons acting in concert or participation with the foregoing, and all persons receiving actual notice of this Restraining Order by personal service or otherwise, are hereby ENJOINED AND RESTRAINED until further Order form this Court from directly or indirectly transferring, or ordering, directing, or requesting the transfer of any property on deposit with them or held under their control, such as will satisfy the above-mentioned sum of $2,374,589,275, consisting of...: FURTHER ORDERED that two bonds of $100,000 each ($200,000 total) previously posted by EM, and the bond of $250,000 previously posted by NML, shall satisfy the bonding requirements for this Restraining Order, of which the total amount is on condition that Plaintiffs pay Defendants' costs and damages, including reasonable attorneys' fees, that may be sustained by reason of this Restraining Order if it is decided that Plaintiffs are not e n titled to restrain the property described above and are ordered to compensate Defendants. (Signed by Judge Thomas P. Griesa on 1/12/10) (djc)
December 23, 2009 Filing 345 Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for #289 Notice of Appeal filed by Banco De La Nacion Argentina USCA Case Number 09-3908-cv, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (nd)
December 15, 2009 Filing 344 ENDORSED LETTER addressed to Judge Thomas P. Griesa from John E. Neuhaus dated 12/14/2009 re: The Court directed the plaintiffs to make the cited exhibits and factual allegations a part of the record on this motion. As BCRA has had no opportunity to respond to those materials or allegations, BCRA requests an opportunity to respond to them. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 12/15/2009) (tve)
December 10, 2009 Filing 343 REPLY MEMORANDUM OF LAW in Support of Plaintiffs' Motion for New Attachment and Restraining Orders, and New Writs of Execution Directed to Certain Nationalized Pension Fund Property. Document filed by EM Ltd., NML Capital, Ltd.. (Cohen, Robert)
December 8, 2009 Case Designated ECF. (dle)
December 8, 2009 Opinion or Order Filing 342 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Suzanne M. Grosso dated 11/11/09 re: counsel for plaintiff requests that for the convenience of the Court and the parties, the following non ecf action be designated as ECF cases: 03cv2507, 06cv7792, 08cv7974, 03cv8845, 05cv2434, 06cv6466, 07cv1910, 07cv2690, 07cv6563 and 09cv7013. ENDORSEMENT: So Ordered (Signed by Judge Thomas P. Griesa on 11/13/09) (dle)
December 7, 2009 Filing 341 DECLARATION of Dennis Hranitzky. Document filed by EM Ltd., NML Capital, Ltd. (Received in the night deposit box on 12/7/09 at 9:10pm) (mro)
December 7, 2009 Filing 340 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 339 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 3, 2009 Filing 338 MEMORANDUM OF LAW in Opposition to Plaintiff's motion for the issuance of "new" attachment and restraining orders, and "new" writs of execution. Document filed by The Republic of Argentina. (tro)
December 3, 2009 Filing 337 DECLARATION of Rahul Mukhi in Opposition to the motion by EM Ltd. and NML Capital, Ltd. for the issuance of "new" attachment and restraining orders, and "new" writs of execution directed to social security funds administered on behalf of Argentine pensioners and workers. Document filed by The Republic of Argentina. *Exhibits A-H attached. (tro)
December 2, 2009 Transmission of USCA Mandate/Order to the District Judge re: #334 USCA Mandate. (tp)
December 1, 2009 Filing 336 MEMORANDUM OF LAW in Support of Plaintiffs' Motion for New Attachment and Restraining Orders, and New Writs of Execution Directed to Certain Nationalized Pension Fund Property. Document filed by EM Ltd., NML Capital, Ltd.. (mbe)
December 1, 2009 Filing 335 DECLARATION of Eric C. Kirsch. Document filed by EM Ltd., NML Capital, Ltd.. (mbe)
December 1, 2009 Filing 334 MANDATE of USCA (Certified Copy) as to #221 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., #195 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., #213 Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, #237 Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social, #194 Notice of Appeal, filed by Administracion Nacional de Seguridad Social, #208 Notice of Appeal, filed by The Republic of Argentina, #234 Amended Notice of Appeal filed by The Republic of Argentina, #220 Amended Notice of Appeal, filed by Administracion Nacional de Seguridad Social USCA Case Number 08-5769-cv(CON); 08-5885-cv(CON); 08-6260-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 20, 2009 Filing 333 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Order served on Banco de la Nacion Argentina on 11/12/09. Service was accepted by Roberto Barrientos (VP). Document filed by EM Ltd. (ldi)
November 20, 2009 Filing 332 PLAINTIFF'S REPLY MEMORANDUM OF LAW IN FURTHER SUPPORT OF THEIR MOTION FOR RECONSIDERATION. Document filed by EM Ltd., NML Capital, Ltd. (Received in the night deposit box on 11/20/09 at 6:41pm) (mro)
November 12, 2009 Set/Reset Deadlines as to 322 MOTION for Reconsideration.. Replies due by 11/20/2009. (jfe)
November 12, 2009 Opinion or Order Filing 331 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Dennis H. Hranitzky dated 11/9/2009 re: Counsel writes to inform the Court that the parties have agreed to Plaintiffs' reply papers in further support of their motion for reconsideration shall be due on or before November 20, 2009. ENDORSEMENT: Approved. So Ordered. (Signed by Judge Thomas P. Griesa on 11/10/2009) (jfe)
November 10, 2009 Filing 330 NOTICE OF APPEARANCE by Suzanne Michelle Grosso on behalf of EM Ltd. (mro)
November 10, 2009 USCA Case Number 09-3928-cv(Con) from the USCA 2nd Circuit assigned to #290 Notice of Appeal filed by The Republic of Argentina. (tp)
November 10, 2009 USCA Case Number 09-3908-cv(L) from the USCA 2nd Circuit assigned to #289 Notice of Appeal filed by Banco De La Nacion Argentina. (tp)
November 6, 2009 Opinion or Order Filing 328 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Roger Cohen dated 11/4/09 re: Plaintiffs request that the Court, through endorsement of this letter, instruct the Marshal not to take the ANPCT Account into its custody pending further order of the Court. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 11/6/09) (cd)
November 5, 2009 Filing 327 MEMORANDUM OF LAW in Opposition re: 322 MOTION for Reconsideration. Document filed by The Republic of Argentina. (Received in the night deposit box on 11/5/09 at 5:03pm)(mro)
November 4, 2009 Filing 326 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Writ of Execution served on Banco de la Nacion Argentina on 10/2/09. Service was accepted by Ms. Perez (Legal). Document filed by EM Ltd. (ldi)
November 3, 2009 Set/Reset Deadlines as to 322 MOTION for Reconsideration. Responses due by 11/5/2009 (tro)
November 3, 2009 Opinion or Order Filing 325 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Mark S. Sullivan dated 10/27/09 re: Counsel for defendant Banco de la Nacion Argentina write on behalf of all counsel to inform the Court that, subject to Your Honor's approval, the parties have agreed that BNA's and the Republic of Argentina's time to file papers in opposition to plaintiffs' motion for reconsideration of the Court 9/30/09 Order and Opinion shall be extended from 10/29/09 until 11/5/09. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 11/2/09) (tro)
October 22, 2009 Opinion or Order Filing 329 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Dennis H. Hranitzky dated 10/19/09 re: response to the Court's instruction in its pinion and Order entered in these cases on September 30, 2009 that the parties "settle any appropriate further orders." If the Court nonetheless prefers to receive and consider the competing versions of the proposed order requested by the Court before the reconsideration motion is decided, the parties are prepared to submit those orders immediately. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 10/21/09) (djc)
October 22, 2009 Filing 324 Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for #290 Notice of Appeal filed by The Republic of Argentina USCA Case Number 09-3928-cv, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (tp) (nd).
October 19, 2009 Filing 323 MEMORANDUM OF LAW in Support re: 322 MOTION for Reconsideration.. Document filed by EM Ltd., NML Capital, Ltd. (dle)
October 15, 2009 Filing 322 MOTION for an order pursuant to Rule 6.3 of the Local Rules for the SDNY and Rules 59(e) and 60(b) of the FRCP with respect to certain portions of the Court's opinion dated 9/30/09. Document filed by EM Ltd., NML Capital, Ltd.(dle)
October 1, 2009 Writ of Execution Issued as to Republic of Argentina on 10/1/09 # 03,1948 in the amount of $ 1,631,763.82. (Signed by Judge J. Michael McMahon on 10/1/09) (jf)
October 1, 2009 Filing 321 NOTICE OF CHANGE OF ADDRESS by Charles Platto on behalf of EM Ltd.. New Address: Law Office of Charles Platto, 1020 Park Avenue, Suite 6B, New York, NY, USA 10028, 212-423-0579. (Platto, Charles)
October 1, 2009 Filing 320 NOTICE OF APPEARANCE by Charles Platto on behalf of EM Ltd. (Platto, Charles)
September 30, 2009 Opinion or Order Filing 319 OPINION: Since the orders of attachment relate only to the asset pledge account or accounts, and are based on the alter ego argument, plaintiffs' motion to confirm the orders of attachment is denied and the orders are vacated. To the extent that the restraining orders cover the asset pledge account or accounts, plaintiffs' motion to confirm the restraining orders is denied and the restraining orders are vacated. To the extent that the restraining orders cover the ANPCT account at BNA, plaintiffs' motion to confirm the restraining orders is granted. Plaintiffs are entitled to execution to partially satisfy judgments. To the extent that the restraining orders cover the INTA account, plaintiffs' motion to confirm the restraining orders is denied and the restraining orders are vacated. Defendants' motion to dismiss the separate action seeking a declaration that BNA is the alter ego of the Republic, is granted. Settle any appropriate further orders. (Signed by Judge Thomas P. Griesa on 9/30/09) (ae)
September 24, 2009 Filing 291 TRANSCRIPT of proceedings held on September 17, 2009 at 2:36 pm before Judge Thomas P. Griesa. (rdz)
September 18, 2009 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #290 Notice of Appeal. (nd)
September 18, 2009 Transmission of Notice of Appeal to the District Judge re: #290 Notice of Appeal. (nd)
September 17, 2009 Transmission of Notice of Appeal to the District Judge re: #289 Notice of Appeal. (tp)
September 17, 2009 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #289 Notice of Appeal. (tp)
September 16, 2009 Filing 289 NOTICE OF APPEAL from #253 Order, Terminate Motions, #252 Memorandum & Opinion. Document filed by Banco De La Nacion Argentina. Filing fee $ 455.00, receipt number E 700160. (tp)
September 15, 2009 Filing 290 NOTICE OF APPEAL from #252 Memorandum & Opinion,. Document filed by The Republic of Argentina. Filing fee $ 455.00, receipt number E 700193. Copies of Notice of Appeal mailed to attorney(s) of record: Debevoise & Plimpton LLP. (nd)
August 18, 2009 Filing 318 MEMORANDUM OF LAW in Support of Plaintiffs' Ex Parte Motion for Restraining and Attachment Order Directed to interests of the Republic of Argentina in a Trust Administered by U.S. Bank Trust National Association. (This document was previously filed under seal, envelope #12 and unsealed with document #253.) Document filed by EM Ltd., NML Capital, Ltd. *Filed in associated civil case nos. 03-cv-8845, 05-cv-2434, 06-cv-6466, 07-cv-1910. (tro)
August 18, 2009 Filing 317 MEMORANDUM OF LAW in Support of Plaintiffs' Ex Parte Motion for Restraining and Attachment Orders Directed to Assets Held by the Republic of Argentina in Thirteen Argentine "Fiduciary Funds". (This document was previously filed under seal, envelope #11 and unsealed with document #253.) Document filed by EM Ltd., NML Capital, Ltd. *Filed in associated civil case nos. 03-cv-8845, 05-cv-2434, 06-cv-6466, 07-cv-1910. (tro)
August 18, 2009 Filing 316 DECLARATION of Martin Esteban Polantonio. (This document was previously filed under seal, envelope #10 and unsealed with document #253.) Document filed by EM Ltd., NML Capital, Ltd. *Filed in associated civil case nos. 03-cv-8845, 05-cv-2434, 06-cv-6466, 07-cv-1910. (tro)
August 18, 2009 Filing 315 DECLARATION of David M. Bigge in Support of Ex Parte Motion for Restraining and Attachment Orders, Exhibits 1-10 attached. (This document was previously filed under seal, envelope #9 and unsealed with document #253.) Document filed by EM Ltd. *Filed in associated civil case nos. 03-cv-8845, 05-cv-2434, 06-cv-6466, 07-cv-1910. (tro)
August 18, 2009 Filing 314 DECLARATION of Dennis H. Hranitzky in Support of Ex Parte Motion for Restraining and Attachment Orders; Exhibits 1-10 attached. (This document was previously filed under seal, envelope #8 and unsealed with document #253.) Document filed by NML Capital, Ltd. *Filed in associated civil case nos. 03-cv-8845, 05-cv-2434, 06-cv-6466, 07-cv-1910. (tro)
August 18, 2009 Opinion or Order Filing 313 STIPULATION AND CONSENT ORDER FILED UNDER SEAL: (This document was previously filed under seal, envelope #161 and unsealed with document #253.) The 5/22/07 Orders should be amended to allow non-party garnishee, U.S. Bank Trust, in its capacity as trustee of the BH Option Trust, to compensate itself for the Trust-Related Fees and Costs identified above by transferring an amount equal to such Trust-Related Fees and Costs from the following account of the BH Option Trust: BH Option Trust Expense Account 96031842, Federated S/T United States Government Offshore FD 9910708822, $522,698.52 (as of May 29, 2007). The May 22, 2007 Order should be further amended to permit U.S. Bank Trust to compensate itself in the future on a monthly basis for reasonable Trust-Related Fees and Costs by transferring each month an amount equal to such Trust-Related Fees and Costs for that month from the same amount, provided, however, that is such Trust-Related Fees and Costs exceed $5,000 collectively for any month, the transfer during such month of any amount which represents the excess over such $5,000 amount shall require the written consent of the undersigned counsel for Plaintiffs (which consent shall not be unreasonably withheld). This Stipulation and Consent Order shall be filed under seal. (This document was previously filed under seal, envelope #161 and unsealed with document #253.) (Signed by Judge Thomas P. Griesa on 10/1/07) *Filed in associated civil case nos. 03-cv-8845, 05-cv-2434, 06-cv-6466, 07-cv-1910.(tro) Modified on 9/26/2009 (tro).
August 18, 2009 Filing 312 REPLY DECLARATION of Carlos Maria Tombeur. (This document was previously filed under seal, envelope #160 and unsealed with document #253.) Document filed by Banco De La Nacion Argentina. *Filed in associated civil case nos. 03-cv-8845, 05-cv-2434, 06-cv-6466, 07-cv-1910. (tro)
August 18, 2009 Filing 311 REPLY MEMORANDUM OF LAW in Further Support re: 297 MOTION to Vacate. This document was previously filed under seal, envelope #160 and unsealed with document #253.) Document filed by Banco De La Nacion Argentina. *Filed in associated civil case nos. 03-cv-8845, 05-cv-2434, 06-cv-6466, 07-cv-1910. (tro)
August 18, 2009 Filing 310 EXHIBITS TO THE SECOND DECLARATION OF MARTIN ESTEBAN PAOLANTONIO; A-M Attached. (This document was previously filed under seal, envelope #158 and unsealed with document #253.) Document filed by EM Ltd., NML Capital, Ltd. *Filed in associated civil case nos. 03-cv-8845, 05-cv-2434, 06-cv-6466, 07-cv-1910.(tro)
August 18, 2009 Filing 309 SECOND DECLARATION of David M. Bigge in Further Support re: 292 MOTION to Confirm. and in OPPOSITION re: 297 MOTION to Vacate. (This document was previously filed under seal, envelope #158 and unsealed with document #253.) Document filed by NML Capital, Ltd. *Filed in associated civil case nos. 03-cv-8845, 05-cv-2434, 06-cv-6466, 07-cv-1910.(tro)
August 18, 2009 Filing 308 SECOND DECLARATION of Martin Esteban Paolantonio. (This document was previously filed under seal, envelope #158 and unsealed with document #253.) Document filed by EM Ltd., NML Capital, Ltd. *Filed in associated civil case nos. 03-cv-8845, 05-cv-2434, 06-cv-6466, 07-cv-1910. (tro) Modified on 9/26/2009 (tro).
August 18, 2009 Filing 307 REPLY MEMORANDUM OF LAW in Further Support re: 292 PLAINTIFFS' MOTION TO CONFIRM. (This document was previously filed under seal, envelope #158 and unsealed with document #253.) Document filed by EM Ltd., NML Capital, Ltd. *Filed in associated civil case nos. 03-cv-8845, 05-cv-2434, 06-cv-6466, 07-cv-1910. (tro)
August 18, 2009 Filing 306 DECLARATION of Oscar Simon Mirkin; Attached in Spanish and English. (This document was previously filed under seal, envelope #157 and unsealed with document #253.) Document filed by The Republic of Argentina. *Filed in associated civil case nos. 03-cv-8845, 05-cv-2434, 06-cv-6466, 07-cv-1910. (tro) Modified on 9/26/2009 (tro).
August 18, 2009 Filing 305 DECLARATION of Jose Arturo Estabillo; Attached in Spanish and English; Exhibit 1 attached. (This document was previously filed under seal, envelope #156 and unsealed with document #253.) Document filed by Banco De La Nacion Argentina. *Filed in associated civil case nos. 03-cv-8845, 05-cv-2434, 06-cv-6466, 07-cv-1910. (tro)
August 18, 2009 Filing 304 DECLARATION of Marta Zaghini; Attached in Spanish and English. (This document was previously filed under seal, envelope #156 and unsealed with document #253.) Document filed by The Republic of Argentina. *Filed in associated civil case nos. 03-cv-8845, 05-cv-2434, 06-cv-6466, 07-cv-1910. (tro)
August 18, 2009 Filing 303 DECLARATION of Carlos G. Enrique Wagner. (This document was previously filed under seal, envelope #156 and unsealed with document #253.) *Filed in associated civil case nos. 03-cv-8845, 05-cv-2434, 06-cv-6466, 07-cv-1910. (tro)
August 18, 2009 Filing 302 DECLARATION of Raul Rigo; Attached in Spanish and English. This document was previously filed under seal, envelope #156 and unsealed with document #253.) Document filed by The Republic of Argentina. *Filed in associated civil case nos. 03-cv-8845, 05-cv-2434, 06-cv-6466, 07-cv-1910. (tro) Modified on 9/26/2009 (tro).
August 18, 2009 DECLARATION of Estela Adriana Palomeque. (This document was previously filed under seal, envelope #156 and unsealed with document #253.) Document filed by Banco De La Nacion Argentina. *Original filed under civil case no. 03-cv-2507, document #301. (tro)
August 18, 2009 Filing 301 DECLARATION of Estela Adriana Palomeque. *Attached in Spanish and English. Document filed by Banco De La Nacion Argentina. *Filed in associated civil case nos. 03-cv-8845, 05-cv-2434, 06-cv-6466, 07-cv-1910. (tro)
August 18, 2009 Filing 300 DECLARATION of Patricia Hilda Romeo; Exhibit A attached. (This document was previously filed under seal, envelope #156 and unsealed with document #253.) Document filed by Banco De La Nacion Argentina. *Filed in associated civil case nos. 03-cv-8845, 05-cv-2434, 06-cv-6466, 07-cv-1910. (tro)
August 18, 2009 Filing 299 DECLARATION of Carlos Maria Tombeur; Exhibits 1-2 attached. (This document was previously filed under seal, envelope #156 and unsealed with document #253.) Document filed by Banco De La Nacion Argentina. *Filed in associated civil case nos. 03-cv-8845, 05-cv-2434, 06-cv-6466, 07-cv-1910. (tro)
August 18, 2009 Filing 298 MEMORANDUM OF LAW in Opposition re: [292 in 03-cv-2507] NOTICE OF MOTION for an Order pursuant to F.R.C.P. 64 and 69, and Articles 52 and 62 of the New York Civil Practice Law and Rules, confirming the Ex Parte Orders, as well as such other relief as the Court may deem just and proper. (This document was previously filed under seal, envelope #156 and unsealed with document #253.) Document filed by Banco De La Nacion Argentina. *Filed in associated civil case nos. 03-cv-8845, 05-cv-2434, 06-cv-6466, 07-cv-1910. (tro) Modified on 9/26/2009 (tro).
August 18, 2009 Filing 297 NOTICE OF MOTION for an Order pursuant to F.R.C.P. 64 and 69, and Articles 52 and 62 of the New York Civil Practice Law and Rules, vacating the ex parte restraining and attachment orders dated 5/22/07.(This document was previously filed under seal, envelope #156 and unsealed with document #253.) Document filed by Banco De La Nacion Argentina. *Filed in associated civil case nos. 03-cv-8845, 05-cv-2434, 06-cv-6466, 07-cv-1910.(tro)
August 18, 2009 Filing 296 ATTORNEY'S RESPONSE LETTER dated 6/6/07 from Eric Newman, Court Orders and Levies Dept. re: Republic of Argentina; Garnishee Statements of JP Morgan Chase Bank, N.A.; Located, No deposit Accounts. (This document was previously filed under seal, envelope #155 and unsealed with document #253.)(tro)
August 18, 2009 Filing 295 MEMORANDUM OF LAW in Support re: 292 PLAINTIFF'S MOTION TO CONFIRM EX PARTE RESTRAINING AND ATTACHMENT ORDERS DATED MAY 22, 2007 DIRECTED TO INTERESTS OF THE REPUBLIC OF ARGENTINA IN A TRUST ADMINISTERED BY U.S. BANK TRUST NATIONAL ASSOCIATION. (This document was previously filed under seal, envelope #153 and unsealed with document #253.)Document filed by EM Ltd., NML Capital, Ltd. *Filed in associated civil case nos. 03-cv-8845, 05-cv-2434, 06-cv-6466, 07-cv-1910. (tro)
August 18, 2009 Filing 294 DECLARATION of Joshua S. Krakowsky in Support re: 292 MOTION TO CONFIRM THE EX PARTE RESTRAINING AND ATTACHMENT ORDERS OF MAY 22, 2007. (This document was previously filed under seal, envelope #152 and unsealed with document #253.) Document filed by EM Ltd., NML Capital, Ltd. *Filed in associated civil case nos. 03-cv-8845, 05-cv-2434, 06-cv-6466, 07-cv-1910. (tro)
August 18, 2009 Filing 293 MEMORANDUM OF LAW in Support re: 292 PLAINTIFF'S MOTION TO CONFIRM EX PARTE RESTRAINING AND ATTACHMENT ORDERS DATED MAY 22, 2007 DIRECTED TO INTERESTS OF THE REPUBLIC OF ARGENTINA IN A TRUST ADMINISTERED BY U.S. BANK TRUST NATIONAL ASSOCIATION. (This document was previously filed under seal, envelope #152 and unsealed with document #253.) Document filed by EM Ltd., NML Capital, Ltd. *Filed in associated civil case nos. 03-cv-8845, 05-cv-2434, 06-cv-6466, 07-cv-1910. (tro)
August 18, 2009 Filing 292 NOTICE OF MOTION for an Order pursuant to F.R.C.P. 64 and 69, and Articles 52 and 62 of the New York Civil Practice Law and Rules, confirming the Ex Parte Orders, as well as such other relief as the Court may deem just and proper. (This document was previously filed under seal, envelope #152 and unsealed with document #253.) Document filed by EM Ltd., NML Capital, Ltd. *Filed in associated civil case nos. 03-cv-8845, 05-cv-2434, 06-cv-6466, 07-cv-1910.(tro)
August 18, 2009 Filing 288 This document was previously filed under seal, envelope #151 and unsealed with document #253. MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFFS' MOTION TO CONFIRM EX PARTE RESTRAINING AND ATTACHMENT ORDERS ENTERED ON MAY 22,2007 DIRECTED TO ASSETS HELD BY THE REPUBLIC OF ARGENTINA IN THIRTEEN ARGENTINE "FIDUCIARY FUNDS". (DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253).
August 18, 2009 Filing 287 This document was previously filed under seal, envelope #151 and unsealed with document #253. MOTION for an order confirming Ex Parte Orders pursuant to FRCP 64 and 69 and Articles 52 and 62 of the New York Civil Practice Law and Rules. Document filed by EM Ltd., NML Capital, Ltd.(dle) Modified on 9/15/2009 (dle). ((DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253).
August 18, 2009 Filing 286 This document was previously filed under seal, envelope #150 and unsealed with document #253. CERTIFICATION of translation of document titled "When Extra-Budgetary Management and Defense of Federalism go Hand in Hand. Regional Infrastructure Federal Trust Fund. Importance of the State Remaining on a Par with the Provinces and the Autonomous City of Buenos Aires". Document filed by EM Ltd., NML Capital, Ltd. (DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253). (dle)
August 18, 2009 Filing 285 This document was previously filed under seal, envelope #149 and unsealed with document #253. GARNISHEE'S STATEMENT. Document filed by Banco De La Nacion Argentina. (dle) Modified on 9/15/2009 (dle). (DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253).
August 18, 2009 Opinion or Order Filing 284 This document was previously filed under seal, envelope #147 and unsealed with document #253. ORDER SETTING BRIEFING SCHEDULE: Plaintiffs' time to move to confirm the ex parte Orders of this Court dated 5/22/07 is extended to 6/18/07; defendant Argentina's and non party garnishee BNA's oppositions to plaintiffs' motions to confirm are due to be served on plaintiffs by hand delivery on or before 7/20/07; plaintiffs' replies are due to be served on Argentina and BNA by hand delivery on or before 8/24/07 and Argentina's and BNA's replies in support of their cross motions to vacate the ex parte orders are due to be served on plaintiffs by hand delivery on or before 9/14/07. This order, plaintiffs' agreed motion to set briefing schedule, supporting memorandum and all briefing and supporting documentation on plaintiffs' motions to confirm the Ex Parte Orders shall be filed under seal. (Signed by Judge Thomas P. Griesa on 6/6/07) (DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253). (dle)
August 18, 2009 Filing 283 This document was previously filed under seal, envelope #147 and unsealed with document #253. MEMORANDUM OF LAW in Support re: 282 MOTION.. Document filed by EM Ltd., NML Capital, Ltd. (DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253). (dle)
August 18, 2009 Filing 282 This document was previously filed under seal, envelope #147 and unsealed with document #253. NOTICE OF AGREED MOTION TO SET BRIEFING SCHEDULE. Document filed by EM Ltd., NML Capital, Ltd. (DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253). (dle)
August 18, 2009 Filing 281 This document was previously filed under seal, envelope #146 and unsealed with document #253. TRANSCRIPT of proceedings held on 5/22/07 before Judge Thomas P. Griesa. (dle)(DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253).
August 18, 2009 Opinion or Order Filing 280 This document was previously filed under seal, envelope #144 and unsealed with document #253. EX PARTE RESTRAINING ORDER: EML's ex parte motion for restraining order is granted in its entirety and the amount to be secured by this restraining order shall be $759,014,126.95, comprised of the amount of judgment, plus accrued post-judgment interest. Defendant is hereby enjoined and restrained as further set forth in this order. The attachment bond of EML is fixed in the sum of $100,000 to be posted on or before 5/25/07 of which the amount of $75,000 is on condition that EML pay Argentina all costs and damages, including reasonable attorney's fees, that may be sustained by reason of the restraining order if it is finally decided that EML was not entitled to a restraint of Argentina's property under C.P.L.R. 5222 and the balance in the amount of $25,000. This restraining order may be served by the U.S. Marshal or any person appointed to act in his place and stead or by the attorneys for plaintiff. (Signed by Judge Thomas P. Griesa on 5/22/07) (DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253). (dle)
August 18, 2009 Filing 279 This document was previously filed under seal, envelope #145 and unsealed with document #253. CERTIFICATE OF SERVICE of motion to set briefing schedule served on counsel Jonathan Blackman and Mark S. Sullivan on 6/6/07. Service was made by hand delivery. Document filed by NML Capital, Ltd., Banco De La Nacion Argentina. (DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253). (dle)
August 18, 2009 Filing 278 This document was previously filed under seal, envelope #145 and unsealed with document #253. MEMORANDUM OF LAW in Support re: 277 MOTION TO SET BRIEFING SCHEDULE. Document filed by EM Ltd., NML Capital, Ltd. (DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253) (dle)
August 18, 2009 Filing 277 This document was previously filed under seal, envelope #145 and unsealed with document #253. MOTION for an order pursuant to FRCP 64 and NYCPLR 6211(b), extending from 6/6/07 to 6/18/07 the time plaintiffs have to move for confirmation of the ex parte orders as set forth herein. Document filed by EM Ltd., NML Capital, Ltd. (DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253). (dle)
August 18, 2009 Filing 276 This document was previously filed under seal, envelope #144 and unsealed with document #253. AFFIDAVIT OF SERVICE of ex parte restraining order entered on 5/22/07 and restraining assets of and/or held in the BH Options Trust served on Credit Suisse First Boston on 5/23/07. Service was accepted by Kathrin Mahgerefth, Assistant Vice President, Legal and Compliance Department. Document filed by EM Ltd., NML Capital, Ltd. (DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253). (dle)
August 18, 2009 Filing 275 This document was previously filed under seal, envelope #144 and unsealed with document #253. AFFIDAVIT OF SERVICE of ex parte restraining order served on JP Morgan Chase & Co. on 5/23/07. Service was accepted by Sonia Alvarez. Document filed by EM Ltd., NML Capital, Ltd. (DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253). (dle)
August 18, 2009 Filing 274 This document was previously filed under seal, envelope #144 and unsealed with document #253. AFFIDAVIT OF SERVICE of ex parte restraining order served on American Express Bank, Ltd. on 5/23/07. Service was accepted by Gennaro Bruni, Group Counsel, General Counsel's Office. Document filed by EM Ltd., NML Capital, Ltd. (DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253). (dle)
August 18, 2009 Filing 273 This document was previously filed under seal, envelope #144 and unsealed with document #253. AFFIDAVIT OF SERVICE of ex parte restraining order served on Banco de la Nacion Argentina on 5/23/07. Service was accepted by Roberto H. Barrientos, Vice President. Document filed by EM Ltd., NML Capital, Ltd. (DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253). (dle)
August 18, 2009 Filing 272 This document was previously filed under seal, envelope #144 and unsealed with document #253. AFFIDAVIT OF SERVICE of ex parte restraining order served on Banco Central de la Republica Argentina on 5/23/07. Service was accepted by Roberto H. Barrientos, Vice President. Document filed by EM Ltd., NML Capital, Ltd. (DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253). (dle)
August 18, 2009 Filing 271 This document was previously filed under seal, envelope #144 and unsealed with document #253. AFFIDAVIT OF SERVICE of ex parte restraining order served on Bank of New York Company, Inc. on 5/23/07. Service was accepted by Stephen Marino, Assistant Treasurer. Document filed by EM Ltd., NML Capital, Ltd. (DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253). (dle)
August 18, 2009 Filing 270 This document was previously filed under seal, envelope #144 and unsealed with document #253. AFFIDAVIT OF SERVICE of ex parte restraining order served on Citibank, N.A. on 5/23/07. Service was accepted by Dorothy D. Weeks. Document filed by EM Ltd., NML Capital, Ltd. (DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253)(dle)
August 18, 2009 Filing 269 This document was previously filed under seal, envelope #144 and unsealed with document #253. AFFIDAVIT OF SERVICE of ex parte restraining order served on Deutsche Bank Trust Company on 5/23/07. Service was accepted by John Nidhiry, Litigation Specialist. Document filed by EM Ltd., NML Capital, Ltd. (DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253) (dle)
August 18, 2009 Filing 268 This document was previously filed under seal, envelope #144 and unsealed with document #253. AFFIDAVIT OF SERVICE of ex parte restraining order served on The Federal Reserve Bank of New York on 5/23/07. Service was accepted by Danielle Calvano. Document filed by EM Ltd., NML Capital, Ltd. (DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253). (dle)
August 18, 2009 Filing 267 This document was previously filed under seal, envelope #144 and unsealed with document #253. AFFIDAVIT OF SERVICE of ex parte restraining order served on U.S. Bank Trust, National Association on 5/23/07. Service was accepted by Patrick Crowley. Document filed by EM Ltd., NML Capital, Ltd. (DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253). (dle)
August 18, 2009 Filing 266 This document was previously filed under seal, envelope #143 and unsealed with document #253. AFFIDAVIT OF SERVICE of ex parte restraining order served on JP Morgan Chase & Co. on 5/23/07. Service was accepted by Sonia Alvarez. Document filed by EM Ltd., NML Capital, Ltd. (DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253). (dle)
August 18, 2009 Filing 265 This document was previously filed under seal, envelope #143 and unsealed with document #253. AFFIDAVIT OF SERVICE of ex parte restraining order served on Credit Suisse First Boston on 5/23/07. Service was accepted by Kathrin Mahgerefth, Asst. Vice President, Legal and Compliance Dept.. Document filed by EM Ltd., NML Capital, Ltd. (DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253). (dle)
August 18, 2009 Filing 264 This document was previously filed under seal, envelope #143 and unsealed with document #253. AFFIDAVIT OF SERVICE of ex parte restraining order served on American Express Bank, Ltd. on 5/23/09. Service was accepted by Gennaro Bruni, Group Counsel, General Counsel's Office. Document filed by EM Ltd., NML Capital, Ltd. (DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253). (dle)
August 18, 2009 Filing 263 This document was previously filed under seal, envelope #143 and unsealed with document #253. AFFIDAVIT OF SERVICE of ex parte restraining order served on Banco de la Nacion Argentina on 5/23/09. Service was accepted by Roberto H. Barrientos, Vice President. Document filed by EM Ltd., NML Capital, Ltd. (DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253)(dle)
August 18, 2009 Filing 262 This document was previously filed under seal, envelope #143 and unsealed with document #253. AFFIDAVIT OF SERVICE of ex parte restraining order served on Banco Central de la Republica Argentina on 5/23/07. Service was accepted by Roberto Barrientos, Vice President. Document filed by EM Ltd., NML Capital, Ltd. (DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253). (dle)
August 18, 2009 Filing 261 This document was previously filed under seal, envelope #143 and unsealed with document #253. AFFIDAVIT OF SERVICE of ex parte restraining order served on Bank of New York Company, Inc. on 5/23/07. Service was accepted by Stephen Marino. Document filed by EM Ltd., NML Capital, Ltd. (DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253). (dle)
August 18, 2009 Filing 260 This document was previously filed under seal, envelope #143 and unsealed with document #253. AFFIDAVIT OF SERVICE of ex parte restraining order served on Citibank N.A. on 5/23/07. Service was accepted by Dorothy D. Weeks. Document filed by EM Ltd., NML Capital, Ltd. (DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253). (dle)
August 18, 2009 Filing 259 This document was previously filed under seal, envelope #143 and unsealed with document #253. AFFIDAVIT OF SERVICE of ex parte restraining order served on Deutsche Bank Trust Company on 5/23/07. Service was accepted by John Nidhiry. Document filed by EM Ltd., NML Capital, Ltd. (DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253). (dle)
August 18, 2009 Transmission to Sealed Records Clerk. Transmitted re: #253 Order, Terminate Motions, to the Sealed Records Clerk for the sealing or unsealing of document or case. (jpo)
August 18, 2009 Filing 258 This document was previously filed under seal, envelope #143 and unsealed with document #253. AFFIDAVIT OF SERVICE of ex parte restraining order served on The Federal Reserve Bank of New York on 5/23/07. Service was accepted by Danielle Calvano. Document filed by EM Ltd., NML Capital, Ltd. (DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253).(dle)
August 18, 2009 Filing 257 This document was previously filed under seal, envelope #143 and unsealed with document #253. AFFIDAVIT OF SERVICE of ex parte restraining order served on U.S. Bank Trust, National Association on 5/23/07. Service was accepted by Patrick Crowley. (DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253). (dle)
August 18, 2009 Opinion or Order Filing 256 This document was previously filed under seal, envelope #143 and unsealed with document #253. EX PARTE RESTRAINING ORDER: EML's ex parte motion for restraining is granted in its entirety and the amount to be secured by this restraining order shall be $759,014,126.95, comprised of the amount of judgment plus accrued post judgment interest. Defendant is hereby enjoined and restrained as further set forth herein. The U.S. Marshal for the SDNY or any person appointed to act in his place and stead or plaintiff's attorneys, shall levy upon but refrain from taking into actual custody pending further order of this Court, assets of defendant within this jurisdiction such as will satisfy the above mentioned sum of $759,014,126.95 and consisting of any property described herein. The attachment bond of EML is fixed in the sum of $100,000.00 to be posted on or before 5/25/07 of which the amount of $75,000.00 is on condition that EML pay Argentina all costs and damages including reasonable attorney's fees that may be sustained by reason of the restraining order if it s is finally decided that EML was not entitled to a restraint of Argentina's property under C.P.L.R. section 5222 and the balance in the amount of $25,000.00. Plaintiff shall move within 10 days after the levy and restraint hereunder for an order confirming this restraining order and shall give notice to Argentina by serving its counsel and give notice to the garnishee(s) and the Marshal via hand delivery and certified mail, return receipt requested; if no such motion is made this order and any levy made hereunder shall have no further effect and shall be vacated on motion (Signed by Judge Thomas P. Griesa on 5/22/07) (DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253). (dle) Modified on 8/21/2009 (dle).
August 18, 2009 Opinion or Order Filing 255 This document was previously filed under seal, envelope #141 and unsealed with document #253. ORDER TO FILE DOCUMENTS UNDER SEAL: All documents relating to the ex parte Orders of this Court dated 5/22/07, directed to interests of the Republic of Argentina in a trust administered by U.S. Bank Trust National Association and the ex parte Orders of this Court dated 5/22/07, directed to assets held by the Republic of Argentina in the thirteen Argentine "fiduciary funds" in these matters, shall be filed and kept under seal by the Clerk of the Court until further order of the Court. The Clerk of the court is directed to file all such documents under seal, whether filed previously or in the future and to remove any entries corresponding to such documents from the public docket in the actions 03cv2507, 03cv8845, 05cv2434, 06cv6466, 07cv1910. The documents to be filed under seal and omitted from the dockets in these actions are as further set forth herein. (Signed by Judge Thomas P. Griesa on 5/31/07) (DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253). (dle)
August 18, 2009 Filing 254 This document was previously filed under seal, envelope #142 and unsealed with document #253. Garnishee Statement. Document filed by Credit Suisse Securities (USA)LLC. (DOCUMENT ORIGINALLY FILED UNDER SEAL. DOCUMENT UNSEALED AS PER ORDER DATED 8/18/09, DOCUMENT #253). (dle)
August 18, 2009 Opinion or Order Filing 253 ORDER: As stated in an opinion being issued concurrently with this order, plaintiffs' "Motion to Confirm Ex Parte Restraining and Attachment Orders Dated May 22, 2007 Directed to Interests of the Republic of Argentina in a Trust Administered by U.S. Bank Trust National Association," which was filed on June 18,2007 as document number 152 in case 03 Civ. 2507, is granted. Banco de la Nacion Argentina's "Motion to Vacate Ex Parte Attachment and Restraining Orders," which was filed on July 20,2007 as document number 156 in case 03 Civ. 2507, is denied. The corresponding three orders signed on May 22, 2007 are therefore confirmed: the Ex Parte Order of Attachment and Temporary Restraining Order in cases 05 Civ. 2434, 06 Civ. 6466, and 07 Civ. 1910, which refers to the "BH Options Trust" on page 3; the Ex Parte Restraining Order in case 03 Civ. 2507, which refers to the "BH Options Trust" on pages 4 and 5; and the Ex Parte Restraining Order in case 03 Civ. 8845, which refers to the "BH Options Trust" on pages 4 and 5. As stated in plaintiffs' letter to the court dated August 4, 2009, plaintiffs have withdrawn their "Motion to Confirm Ex Parte Restraining and Attachment Orders Entered on May 22,2007 Directed to Assets Held by the Republic of Argentina in Thirteen Argentine 'Fiduciary Funds,"' which was filed on June 18,2007 as document number 151 in case 03 Civ. 2507. That motion is therefore denied as moot, and the corresponding three orders signed on May 22, 2007 are vacated: the Ex Parte Order of Attachment and Temporary Restraining Order in cases 05 Civ. 2434,06 Civ. 6466, and 07 Civ. 1910, which lists on pages 3 and 4 the names of thirteen funds "held in the name of Banco de la Nacion Argentina"; the Ex Parte Restraining Order in case 03 Civ. 2507, which lists the names of those thirteen funds on pages 4 and 5; and the Ex Parte Restraining Order in case 03 Civ. 8845, which lists the names of those thirteen funds on page 4. The Clerk of the Court is directed to: Unseal and docket the following documents, as set forth herein. (Signed by Judge Thomas P. Griesa on 8/19/2009) (jpo)
August 18, 2009 Opinion or Order Filing 252 OPINION: #97939 For the reasons set forth in this Opinion, plaintiffs' motion to confirm the 5/22/07 orders is granted, and BNA's motion to vacate the orders is denied. (Signed by Judge Thomas P. Griesa on 8/19/09) (tro) Modified on 8/21/2009 (jab). Modified on 8/24/2009 (ae). Modified on 8/27/2009 (mbe).
June 19, 2009 Filing 251 SEALED DOCUMENT placed in vault.(jri)
June 19, 2009 Filing 250 SECOND DECLARATION of David M. Bigge Regarding the use of The FRBNY Account in Support of Plaintiffs' 9/28/06 Motion for Orders Restraint and Pre-Judgment Attachment. Document filed by NML Capital, Ltd., EM Ltd.(ae)
June 10, 2009 Filing 249 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated 6/9/09 re: Counsel for Plaintiff NML Capital, Ltd. write to inform Your Honor that the parties have agreed to a two-week extension for the submission of Plaintiffs reply memorandum of law regarding the use of the account at the Federal Reserve Bank of New York held in the name of Banco Central de la Republica Argentina. Plaintiffs' reply memorandum will be filed on 6/19/09. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 6/10/09) (tro)
June 10, 2009 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #248 Notice of Appeal,. (nd)
June 10, 2009 Transmission of Notice of Appeal to the District Judge re: #248 Notice of Appeal,. (nd)
June 8, 2009 Filing 248 NOTICE OF APPEAL from #246 Order, #236 Memorandum & Opinion, #240 Order, Set Deadlines/Hearings, #239 Order,. Document filed by The Republic of Argentina. Filing fee $ 455.00, receipt number E 690496. Copies of Notice of Appeal mailed to attorney(s) of record: Debevoise & Plimpton LLP. (nd)
May 29, 2009 Opinion or Order Filing 246 ORDER: Therefore, based upon all of the papers, pleadings, oral argument and all prior proceedings in the above-captioned actions and for the reasons explained by the Court on the record at the May 27, 2009 hearing: IT IS HEREBY ORDERED that the motion by Order to Show Cause of the Aurelius Plaintiffs to hold the Republic in civil contempt and to impose sanctions on the Republic is GRANTED. The Republic is held in civil contempt for its failure to comply with the Court's Opinion dated April 3, 2009, and the Court's Orders dated April 17, 2009 and May 6, 2009. IT IS FURTHER ORDERED that as a sanction for the Republic's contempt of Court, the Court will draw adverse inferences from the Republic's failure to comply with the Court's discovery orders that the Republic undertook the following transactions to remove funds improperly from the United States in violation of the orders of the Court: Between on or about April 10 and April 30, 2009, the Republic, through ANSES, arranged through a third party to liquidate $205,968,645 of Certificados de Deposito Argentino ("CEDEARs") that were subject to the Restraining Notice served on the Republic on October 30, 2008 as authorized by the October 29, 2008 Order of the Court in violation of that Restraining Notice. IT IS FURTHER ORDERED that while the Court has not imposed monetary sanctions at the present time, the Court reserves the possibility of imposing such monetary sanctions against the Republic at a later date. (Signed by Judge Thomas P. Griesa on 5/29/09) (tro)
May 28, 2009 Filing 247 NOTICE of Joinder in motion for an order to show cause for finding of civil Contempt and sanction against the Republic of Argentina, dated May 19, 2009, brought by the Plaintiffs. Document filed by NML Capital, Ltd., EM Ltd. (djc)
May 22, 2009 Filing 245 JOINDER to join by the Republic of Argentina in Banco Central De La Republica Argentina's Supplemental Papers in Response to the court's Questions of May 6, 2008 and in further opposition to Plaintiffs' Motions to attach or restraining Central Bank Reserves. (djc)
May 22, 2009 Opinion or Order Filing 244 ORDER that the motion of the Federal Reserve Bank of New York to file a brief as amicus curiae is granted. The Clerk of the Court is directed to docket this order and to accept the FRBNY's memorandum of law in the cases listed herein. (Signed by Judge Thomas P. Griesa on 5/20/09) (dle) (dle)
May 21, 2009 Filing 243 SEALED DOCUMENT placed in vault.(jri)
May 19, 2009 Filing 242 MEMORANDUM OF LAW of Amicus Curiae Federal Reserve Bank of New York. (djc)
May 19, 2009 Filing 241 MOTION of Federal Reserve Bank of New York for Leave to File brief as Amicus Curiae.(djc)
May 7, 2009 Opinion or Order Filing 240 ORDER: The Republic of Argentina (which shall for purposes of this Order include, without limitation, ANSES) shall produce on or before 5/15/09 to counsel for the Aurelius Plaintiffs, EM, NML, and GMO/TIAA all documents in its custody, possession, or control that are described in the Order to Show Cause entered on 4/24/09. The documents to be produced shall include documents which were created, updated, or received by the Republic of Argentina at any time on or before 10/29/08 and concerning any of the subjects listed herein. The Republic of Argentina (including, without limitation, ANSES) shall make available for deposition on dates to be agreed but not later than 5/29/09 Sergio Chodos and one or more Rule 30(b)(6) witnesses knowledgeable on the subjects listed herein. Plaintiffs shall be entitled to serve further discovery requests and deposition notices upon the Republic of Argentina (including, without limitation, ANSES) and any third-party subject to discovery in the United States as necessary and appropriate to determine the location of any ANSES CEDARs or other assets avaialable to satisfy the judgments. (Signed by Judge Thomas P. Griesa on 5/7/09) (tro)
April 17, 2009 Opinion or Order Filing 239 ORDER: The Republic's understanding is incorrect. The Republic is required to comply with the instructions in the court's April 3 opinion, as stated therein. The court does expect plaintiffs to exercise discretion in requesting further discovery. However, nothing in the court's comments on April 6 was intended to suggest that the Republic need not comply with the April 3 opinion. (Signed by Judge Thomas P. Griesa on 4/17/2009) (rw)
April 10, 2009 Filing 238 SUPPLEMENTAL DECLARATION of Julio Cesar Rivera. Document filed by EM Ltd., NML Capital, Ltd.. (djc)
April 7, 2009 Transmission of Third Amended Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #237 3rd Amended Notice of Appeal,. (nd)
April 7, 2009 Transmission of Notice of Appeal to the District Judge re: #237 3rd Amended Notice of Appeal,. (nd)
April 3, 2009 Filing 237 THIRD AMENDED NOTICE OF APPEAL re: #194 Notice of Appeal, #213 Amended Notice of Appeal, #220 Second Amended Notice of Appeal, #231 Order,. Document filed by Administracion Nacional de Seguridad Social. Copies mailed to attorney(s) of record: Dreier LLP; Chadbourne & Parke LLP; and Cleary Gottlieb Steen & Hamilton LLP; Debevoise & Plimpton; Gibson Dunn and Crutcher(nd)
April 3, 2009 Opinion or Order Filing 236 OPINION: The Aurelius plaintiffs' letter request to compel the republic to comply with their discovery requests is granted, as set forth above. The GMO plaintiffs' motion to compel is compel is granted. ANSES's motion to quash is denied. So Ordered. (Signed by Judge Thomas P. Griesa on 4/3/09) (js)
April 1, 2009 Filing 235 SEALED DOCUMENT placed in vault.(rt)
March 30, 2009 Transmission of Amended Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #234 Amended Notice of Appeal. (nd)
March 30, 2009 Transmission of Notice of Appeal to the District Judge re: #234 Amended Notice of Appeal. (nd)
March 27, 2009 Filing 234 AMENDED NOTICE OF APPEAL re: #208 Notice of Appeal, #231 Order. Document filed by The Republic of Argentina. Copies of Amended Notice of Appeal mailed to attorney(s) of record: Debevoise & Plimpton LLP. (nd)
March 12, 2009 Opinion or Order Filing 233 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 232 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 231 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)
February 18, 2009 Filing 230 REPLY MEMORANDUM OF LAW OF BANCO DE LA NACION ARGENTINA IN FURTHER SUPPORT OF ITS MOTION TO VACATE EX PARTE ATTACHMENT AND RESTRAINING ORDERS. Document filed by Banco De La Nacion Argentina. (dle)
February 18, 2009 Filing 229 SUPPLEMENTAL DECLARATION of Professor Geoffrey Miller. Document filed by Banco De La Nacion Argentina. (dle)
February 18, 2009 Filing 228 SUPPLEMENTAL DECLARATION of Juan Carlos Fabrega. Document filed by Banco De La Nacion Argentina. (dle)
February 18, 2009 Filing 227 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Mark S. Sullivan dated 2/13/2009 re: Requesting permission to exceed Your Honor's page limit and submit a twenty seven page memorandum of law. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 2/19/2009) (jpo)
February 11, 2009 Opinion or Order Filing 226 MEMO ENDORSEMENT re: NOTICE OF WITHDRAWAL OF COUNSEL FOR PLAINTIFF NML CAPITAL, LTD. plaintiff NML Capital, Ltd., by its undersigned attorneys, hereby withdraws William M. Jay as counsel of record in the above-captioned actions, pursuant to Rule 1.4 of the Local Civil Rules of the United States District Court for the Southern District of New York. ENDORSEMENT: So Ordered. (Signed by Judge Thomas P. Griesa on 2/11/09) (pl)
February 10, 2009 Opinion or Order Filing 225 ORDER; The Clerk of the Court is directed to docket, in the cases listed below, the papers filed in case 05-cv-4085 as documents 109, 110, 111,and 112: 03-cv-02507; 03-cv-08845; 05-cv-02434; 05-cv-04085; 06-cv-00207; 05-cv-10380; 05-cv-10382; 05-cv-10383; 06-cv-06466; 07-cv-01910; 07-cv-02690; 07-cv-02693; 07-cv-02715; 07-cv-05593; 07-cv-06563; 07-cv-11327; 08-cv-02541; 08-cv-03302; 08-cv-06978. (Signed by Judge Thomas P. Griesa on 2/10/09) (ae) Modified on 2/23/2009 (ae).
January 30, 2009 Filing 224 SECOND DECLARATION of Jose R. Almonte in Support re: 205 MOTION.. Document filed by EM Ltd., NML Capital, Ltd.. (pl)
January 30, 2009 Filing 223 REPLY MEMORANDUM OF LAW in further Support re: 205 MOTION. Document filed by EM Ltd., NML Capital, Ltd. (pl)
January 16, 2009 Filing 222 REPLY MEMORANDUM OF LAW in Support re: 182 MOTION to Vacate.. Document filed by The Republic of Argentina. (cd)
January 12, 2009 Transmission of Notice of Appeal to the District Judge re: #221 Amended Notice of Appeal. (tp)
January 12, 2009 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #221 Amended Notice of Appeal. (tp)
January 12, 2009 Transmission of Second Amended Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #220 2nd Amended Notice of Appeal,. (nd)
January 12, 2009 Transmission of Notice of Appeal to the District Judge re: #220 2nd Amended Notice of Appeal,. (nd)
January 8, 2009 Filing 221 AMENDED NOTICE OF APPEAL re: #195 Notice of Appeal, #216 Memorandum & Opinion, #181 Order on Motion for Miscellaneous Relief. 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. Copies mailed to attorney(s) of record: Debevoise & Plimpton LLP; Cleary Gottlieb Steen & Hamilton LLP; Skadden Arps Slate Meagher & Flom LLP. (tp)
January 8, 2009 Filing 220 SECOND AMENDED NOTICE OF APPEAL re: #194 Notice of Appeal, #213 Amended Notice of Appeal, 188 Order on Motion to Attach,, #202 Temporary Restraining Order, #216 Memorandum & Opinion, #181 Order on Motion for Miscellaneous Relief, #201 Order,. Document filed by Administracion Nacional de Seguridad Social. Copies mailed to attorney(s) of record: Cleary Gottlieb Steen & Hamilton LLP; Debevoise & Plimpton; Dechert LLP; and Gibson Dunn and Crutcher; Gregory P. Joseph Law Offices LLC. (nd)
January 6, 2009 Filing 219 DECLARATION of Marco E. Schnabl Attaching Previously Submitted Materials. Document filed by Administracion Nacional de Seguridad Social. (ae)
January 6, 2009 Filing 218 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Dennis H. Hranitzky dated 12/30/08 re: On behalf of Plaintiff NML Capital, Ltd. request an extension until 1/19/09 to submit NML's opposition to the Motion to Confirm Priority filed on 12/18/08 in Aurelius Capital Partners, LP v. Republic of Argentina, No. 07 Civ. 2715 (TPG), 07 Civ. 11327 (TPG), and Blue Angel Capital, LLC v. Republic of Argentina, No. 07 Civ. 2693 (TPG). Without this extension, NML's brief in opposition to the Aurelius Priority Motion would be due on 1/7/09. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 1/6/09) (tro)
January 6, 2009 Opinion or Order Filing 217 STIPULATION AND ORDER: The Republic shall have until 1/16/09 to serve papers in response to plaintiffs' cross-motion dated 12/12/08 for issuance of a writ of execution against certain property of the Republic subject to the 9/12/08 attachment and restraining orders. Plaintiffs shall have until 1/30/09 to serve reply papers, if any, in further support of the Motion. (Signed by Judge Thomas P. Griesa on 1/5/09) (tro)
December 23, 2008 Filing 215 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 22, 2008 Transmission of Notice of Appeal to the District Judge re: #213 Amended Notice of Appeal. (tp)
December 22, 2008 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #213 Amended Notice of Appeal. (tp)
December 19, 2008 Transmission of Notice of Appeal to the District Judge re: #208 Notice of Appeal. (tp)
December 19, 2008 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #208 Notice of Appeal. (tp)
December 18, 2008 Filing 213 AMENDED NOTICE OF APPEAL re: #194 Notice of Appeal, 188 Order on Motion to Attach, #199 Order, #181 Order on Motion for Miscellaneous Relief as further set forth herein. Document filed by Administracion Nacional de Seguridad Social. Copies mailed to attorney(s) of record: Cleary Gottlieb Steen & Hamilton LLP; Debevoise & Plimpton; Dechert LLP; and Gibson Dunn and Crutcher; Gregory P. Joseph Law Offices LLC. (tp)
December 16, 2008 Filing 208 NOTICE OF APPEAL from 188 Order on Motion to Attach, #199 Order, #181 Order on Motion for Miscellaneous Relief. Document filed by The Republic of Argentina. Filing fee $ 455.00, receipt number E 672683. Copies mailed to attorney(s) of record: Debevoise & Plimpton LLP.(tp) (tp).
December 12, 2008 Filing 214 SECOND DECLARATION of Rahul Mukhi to file a certain document previously submitted to the Court in the referenced date and served on the parties. Document filed by The Republic of Argentina.(djc)
December 12, 2008 Filing 212 SECOND DECLARATION of Dennis Hranitzky in Opposition re: 210 Reply Memorandum of Law in Opposition to Motion. Document filed by EM Ltd., NML Capital, Ltd.. (cd)
December 12, 2008 Filing 211 DECLARATION of Gerard Caprio in Support re: 210 Reply Memorandum of Law in Opposition to Motion. Document filed by EM Ltd., NML Capital, Ltd.. (cd)
December 12, 2008 Filing 210 MEMORANDUM OF LAW in Opposition re: 182 MOTION to Vacate.. Document filed by EM Ltd., NML Capital, Ltd.. (cd)
December 12, 2008 Filing 209 DECLARATION of Rahul Mukhi to file a certain document previously submitted to the Court on the referenced date and served on the parties. Document filed by The Republic of Argentina. (djc)
December 12, 2008 Filing 207 DECLARATION of Jose R. Almonte. Document filed by EM Ltd., NML Capital, Ltd. (tro)
December 12, 2008 Filing 206 MEMORANDUM OF LAW IN FURTHER SUPPORT OF PLAINTIFFS' MOTION TO CONFIRM, AND IN OPPOSITION TO THE REPUBLIC OF ARGENTINA'S MOTION TO VACATE, ATTACHMENT AND RESTRAINING ORDERS, AND IN SUPPORT OF CROSS-MOTION FOR ISSUANCE OF A WRIT OF EXECUTION AGAINST CERTAIN PROPERTY SUBJECT TO THE ORDERS. Document filed by EM Ltd., NML Capital, Ltd. (tro)
December 12, 2008 Filing 205 NOTICE OF CROSS-MOTION FOR ISSUANCE OF A WRIT OF EXECUTION AGAINST CERTAIN PROPERTY OF THE REPUBLIC OF ARGENTINA SUBJECT TO THE SEPTEMBER 12, 2008, ATTACHMENT AND RESTRAINING ORDERS. Document filed by EM Ltd., NML Capital, Ltd.(tro)
December 11, 2008 Opinion or Order Filing 216 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 199 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 10, 2008 Filing 204 SECOND DECLARATION of Dennis H. Hranitzky in Support re: EX PARTE MOTION for entry of Attachment and restraining orders. Document filed by EM Ltd., NML Capital, Ltd. Filed in associated civil case nos. 03-cv-8845, 05-cv-2434, 06-cv-6466,07-cv-1910, 07-cv-2690, 07-cv-6563, 08-cv-2451, 08-cv-3302, and 08-cv-6978. (tro)
December 9, 2008 Opinion or Order Filing 202 RESTRAINING ORDER: Plaintiffs' motion for restraining order is granted in its entirety and that the amount to be secured by this restraining order shall be $1,072,069,609, comprised of the amount of Plaintiffs' judgments plus accrued post-judgment interest. It is ORDERED that you, your agents, subdivisions, servants, officers, employees, and attorneys, and all persons in possession of property in which Argentina has an interest, and all persons acting in concert or participation with the foregoing, and all persons receiving actual notice of this Order by personal service or otherwise, are hereby ENJOINED AND RESTRAINED until further order from this Court from directly or indirectly transferring, or ordering, directing, or requesting the transfer of any property on deposit with them or held under their control, such as will satisfy the above-mentioned sum of $1,072,069,609, and consisting of: Any property in the United States (whether real or personal, tangible or intangible, presently existing or hereafter arising) which could be assigned or transferred (as provided under CPLR 5201), including but not limited to cash, deposits, real property, instruments, securities, security entitlements, security accounts, equity interests, claims and contractual rights, and interests of any kind in the foregoing (collectively, "Attachable Property"), held or maintained in the name of or for the use or benefit of Argentina's national social security administration, known as Administracion Nacional de la Seguridad Social or "ANSES" ("ANSES Property"). For the avoidance of doubt, ANSES Property includes Attachable Property held or maintained in the name of or for the use or benefit of any of the following Fondos de Jubilaciones y Pensiones ("FJPs"), which Argentina has nationalized: as further set forth herein. This restraining Order is limited to restraining the transfer or removal of ANSES Property out of the United States, and nothing in this order shall be interpreted to prevent the day-to-day investment management, including sales and exchanges of any property subject to this restraining order, but any property acquired as a result of such sales or exchanges shall be subject to this restraining order; and it is further ORDERED that the bond of $250,000 previously posted by NML and the two attachment bonds of $100,000 each ($200,000 total) previously posted by EM shall satisfy the bonding requirements for this Order, of which the total amount is on condition that Plaintiffs pay Defendants' costs and damages, including reasonable attorneys' fees, that may be sustained by reason of this Order if it is decided that Plaintiffs are not entitled to restrain the property described above. (Signed by Judge Thomas P. Griesa on 11/24/08) (tro)
December 9, 2008 Opinion or Order Filing 201 ORDER AUTHORIZING ISSUANCE OF EXECUTIONS AND SERVICE OF ATTACHMENT ORDERS: upon publication in the Argentine Official Gazette of the final text of Argentine Bill No. 1732/2008, by which official ownership of the property identified below as "ANSES Property" will transfer to Argentina's national social security administration, known as Administration Nacional de la Seguridad Social or "ANSES," (such notification hereinafter referred to as "Transfer Notice"), Plaintiffs are authorized to deliver to the U.S. Marshals Service Writs of Execution, pursuant to Fed. R. Civ. P. 69, CPLR 5232, 5225,5227, and 28 U.S.c. l61O(c), directed to any garnishee within the jurisdiction of the Court, so as to maintain priority pursuant to CPLR 5232(a) and 5234(b) in relation to other creditors of the Republic of Argentina ("Argentina") while Plaintiffs' application is pending. The Writs of Execution and any Notices of Levy shall specify in accordance with CPLR 5232 that they apply to any property in the United States (whether real or personal, tangible or intangible, presently existing or hereafter arising) which could be assigned or transferred (as provided in CPLR 520l), including but not limited to cash, deposits, real property, instruments, securities, security entitlements, security accounts, equity interests, claims and contractual rights, and interests of any kind in the foregoing (collectively, "Attachable Property"), held or maintained in the name of or for the use or benefit of Argentina's national social security administration, known as Administracion Nacional de la Seguridad Social or "ANSES" ("ANSES Property"). For the avoidance of doUbt, ANSES Property includes Attachable Property held or maintained in the name of or for the use or benefit of any of the following Fondos de Jubilaciones y Pensiones ("FJPs"), which property Argentina has nationalized and required be administered by ANSES: as further set forth herein. The U.S. Marshals Service is directed to defer serving the Writs of Execution or levying upon any ANSES Property, until further order of this Court. Pursuant to N.Y. C.P.L.R. 5232(a), Plaintiffs' priority is hereby extended as necessary beyond 90 days until such time as the Court finally resolves Plaintiffs' application. FURTHER ORDERED THAT upon receiving Transfer Notice, NML is authorized, and its attorneys hereby specially appointed pursuant to Fed. R. Civ. P. 4.1, to serve the Attachment Order directed to ANSES property entered on this date by this Court or on any garnishee located within the jurisdiction of this Court. FURTHER ORDERED THAT personal service of this Order and the papers upon which it is based, upon counsel for (a) Argentina, Cleary, Gottlieb Steen & Hamilton, One Liberty Plaza, New York, New York 10006, attention Jonathan Blackman Esq., (b) the FJPs that are managed by Arauca Bit AFJP S.A., Consolidar AFJP S.A., Futura AFJP, HSBC Maxima S.A. AFJP, Met AFJP, Origenes AFJP S.A., Profcsion & Auge AFJP, and Unidos S.A. AFJP, Chadbourne & Parke LLP, 30 Rockefeller Plaza, New York, New York, 10112, attention Oliver J. Annas, Esq., (c) ANSES, Skadden, Arps, Slate, Meagher & Flom, LLP, Four Times Square, New York, NY 10036, attention Timothy G. Nelson, Esq., and (d) Nacion AFJP and Previsol AFJP, S.A., Dorsey & Whitney LLP, 250 Park Avenue, New York, NY 10177, attention Mark S. Sullivan, Esq. shall be deemed good and sufficient service; FURTHER ORDERED THAT opposing papers, if any, are to be served upon counsel for EM, Debevoise & Plimpton LLP, 919 Third Avenue, New York, New York 10022, attention Suzanne M. Grosso, Esq., and upon counsel for NML, Dechert LLP, 1095 Avenue of the Americas, New York, New York 10036, attention Dennis H. Hranitzky, Esq. (Signed by Judge Thomas P. Griesa on 11/24/08) (tro)
December 9, 2008 Opinion or Order Filing 200 ORDER APPOINTING PROCESS SERVER, FURTHER ORDERED THAT upon receiving Transfer Notice, NML isauthorized, and its attorneys hereby specially appointed pursuant to Fed. R. Civ. P. 4.1, to serve the Attachment Order directed to ANSES property entered on this date by this Court or on any garnishee located within the jurisdiction of this Court. (Signed by Judge Thomas P. Griesa on 11/24/2008) (jeh)
December 2, 2008 Opinion or Order Filing 197 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Dennis H. Hranitzky dated 12/1/2008 re: Counsel to inform the Court that all of the parties to these actions have agreed to extend by one week certain briefing deadlines relating to Plaintiffs' motion to confirm the attachment and restraining orders entered by the Court on September 12 (the "Orders") and Defendants' cross motions to vacate the Orders. The proposed amended briefing schedule is as follows: December 12, 2008: Plaintiffs' reply in support of motion to confirm and oppositions to cross motions to vacate; January 16, 2009: Defendants' replies in support of cross motions. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 12/2/2008) (jfe)
November 26, 2008 Filing 196 MEMORANDUM OF LAW in Opposition re: 182 MOTION to Vacate. Document filed by EM Ltd., NML Capital, Ltd. (pl)
November 26, 2008 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #195 Notice of Appeal,,. (nd)
November 26, 2008 Transmission of Notice of Appeal to the District Judge re: #195 Notice of Appeal,,. (nd)
November 25, 2008 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #194 Notice of Appeal,. (nd)
November 25, 2008 Transmission of Notice of Appeal to the District Judge re: #194 Notice of Appeal,. (nd)
November 21, 2008 Filing 195 NOTICE OF APPEAL from 188 Restraining Order. 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, Union de Administradoras de Fondos De Jubilaciones Y Pensiones. Filing fee $ 455.00, receipt number E 670581. Copies of Notice of Appeal mailed to attorney(s) of record: Debevoise & Plimpton LLP; Cleary Gottlieb Steen & Hamilton LLP; Skadden, Arps, Slate, Meagher & Flom LLP. (nd) Modified on 12/4/2008 (rw).
November 21, 2008 Filing 194 NOTICE OF APPEAL from 188 Modified Restraining Order #181 Order on Motion for Miscellaneous Relief,. Document filed by Administracion Nacional de Seguridad Social. Filing fee $ 455.00, receipt number E 670466. Copies of Notice of Appeal mailed to attorney(s) of record: Dreier LLP and Cleary Gottlieb Steen & Hamilton LLP. (nd) Modified on 12/4/2008 (rw)
November 19, 2008 Filing 193 SUPPLEMENTAL DECLARATION of Suzanne M. Grosso to put before the Court certian facts and other information in support of the motion by NML Capital, Ltd to confirm the attachment order entered by this Court on October 31, 2008 as modified on November 7, 2008 and in support of Plaintiffs' joint renewed motion compelling expedited discovery responses. Document filed by EM Ltd. (djc)
November 13, 2008 Filing 192 MEMORANDUM OF LAW in Support re: 191 MOTION for an order confirming teh ex parte attachment order entered by this Court on October 31, 2008 as modified on November 7, 2008, directed to all assets in the United States held by or in the name of Argentina's Administracion Nacional de Segur MOTION to Compel. Document filed by EM Ltd., NML Capital, Ltd. (djc)
November 13, 2008 Filing 191 MOTION for an order confirming the ex parte attachment order entered by this Court on October 31, 2008 as modified on November 7, 2008, directed to all assets in the United States held by or in the name of Argentina's Administracion Nacional de Seguridad Social or by or in the name of one the various Argentine private pension funds referred to in Spanish as Fondos de Jubilaciones y Pensiones; MOTION for an order compelling Argentina to respond on or befor eNOvember 21, 2008 to the discovery requests served by Plaintiffs on October 31, 2008. Document filed by EM Ltd..(djc)
November 13, 2008 Filing 190 DECLARATION of Martin Esteban Paolantonio to provide the Court with his analysis regarding the ownership and control of pension fund assets under Argentina's current regime...; Document filed by EM Ltd., NML Capital, Ltd.. (djc)
November 13, 2008 Filing 189 DECLARATION of Suzanne M. Grosso. Document filed by EM Ltd.. (djc)
November 7, 2008 Opinion or Order Filing 188 RESTRAINING ORDER, that Plaintiffs motion for restraining order is granted in its entirety and that the amount to be secured by this restraining order shall be $1,081,081.659, comprised of the amount of Plaintiffs judgments plus accrued post-judgment interest. It is further stated, that you, your agents, subdivisions, servants, officers, employees, and attorneys, and all persons in possession of property in which Argentina has an interest, and all persons action in concert or participation with the foregoing, and all persons receiving actual notice of this Order by personal service or otherwise, are hereby Enjoined and Restrained in the manner that is set forth in this Order. (Signed by Judge Thomas P. Griesa on 10/31/08) (pl)
November 7, 2008 Filing 187 MEMO ENDORSEMENT on ORDER TO SHOW CAUSE, re: 183 MOTION for Attachment. filed by EM Ltd., NML Capital, Ltd. ENDORSEMENT: NOT SIGNED, Judge Thomas P. Griesa on 10/31/08. (pl)
November 7, 2008 Filing 185 DECLARATION of Eric C. Kirsch in Support re: 183 MOTION Attachment and restraining order. Document filed by EM Ltd., NML Capital, Ltd.. (pl)
November 7, 2008 Filing 184 MEMORANDUM OF LAW in Support re: 183 MOTION for Attachment and restraining order. Document filed by EM Ltd., NML Capital, Ltd.. (pl)
November 7, 2008 Filing 183 EX PARTE MOTION, for an order pursuant to Rules 64 and 69 of the F.R.C.P. and Articles 52 and 62 of the New York Civil Practices Law and Rules, for an Order of attachment and a restraining Order directed to any and all property in the U.S. held by or in the name of Argentinas national social security administration, know as ANSES, or by or in the name of one the various Argentine private pension funds, known as AFJPs and granting such other and further relief as the Court deems appropriate. Document filed by EM Ltd., NML Capital, Ltd..(pl) Modified on 11/12/2008 (pl).
November 7, 2008 Opinion or Order Filing 181 MODIFIED RESTRAINING ORDER It is hereby ordered that Plaintiffs motion for modified restraining order is granted in its entirety and that the amount to be secured by the restraining order shall be $1,081,081,659, comprised of the amount of Plaintiffs judgments plus accrued post-judgment interest. Regarding procedures to be followed that shall govern the handling of this order. (Signed by Judge Thomas P. Griesa on 11/7/08) (mme)
November 5, 2008 Filing 198 TRANSCRIPT of proceedings held on 5/30/08 before Judge Thomas P. Griesa. (ama)
November 3, 2008 Filing 186 MEMORANDUM OF LAW in Support re: 182 MOTION to Vacate. Document filed by The Republic of Argentina. (djc)
November 3, 2008 Filing 182 MOTION to Vacate ExParte Restraining orders and Orders of Attachment. Attached are Declarations of Blasco, C. Paz and A. Chung Document filed by The Republic of Argentina.(djc)
October 29, 2008 Opinion or Order Filing 180 STIPULATION AND ORDER FOR THE PROTECTION AND EXCHANGE OF CONFIDENTIAL INFORMATION PRODUCED BY THIRD-PARTY FEDERAL RESERVE BANK OF NEW YORK...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge Thomas P. Griesa on 10/28/08) (tro)
October 1, 2008 Set/Reset Deadlines: Cross Motions due by 10/31/2008. Replies due by 1/9/2009. Responses due by 12/5/2008 Associated Cases: 1:03-cv-02507-TPG, 1:05-cv-10383-TPG, 1:06-cv-01839-TPG, 1:06-cv-03276-TPG(mme)
October 1, 2008 Filing 179 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Mark S. Sullivan dated 9/29/08 re: Counsel requests that the court grant the amended schedule as follows: October 31, 2008 defendants opposition and cross motion to vacate; December 5, 2008 Plaintiffs reply and opposition to cross motion; January 9, 2009 Defendants reply in support of cross motion. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 10/1/08) Filed In Associated Cases: 1:03-cv-02507-TPG, 1:05-cv-10383-TPG, 1:06-cv-01839-TPG, 1:06-cv-03276-TPG(mme)
September 29, 2008 Opinion or Order Filing 178 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Mark S. Sullivan dated 9/25/2008 re: Requesting that the Court approve the following briefing schedule for plaintiffs motion to confirm restraining and attachment orders; October 22, 2008 Defendants opposition and cross motion to vacate. November 21, 2008 Plaintiffs reply and opposition to cross motion. December 19, 2008 Defendants' reply in support of cross motion. ENDORSEMENT: Approved (Signed by Judge Thomas P. Griesa on 9/26/2008) (jpo)
September 19, 2008 Filing 177 FIRST SUPPLEMENTAL DECLARATION of Dennis H. Hranitzky. Document filed by EM Ltd., NML Capital, Ltd.. (djc)
September 19, 2008 Filing 176 MEMORANDUM OF LAW in Support re: 175 MOTION to confirm restraining and attachment orders. Document filed by EM Ltd., NML Capital, Ltd.. (djc)
September 19, 2008 Filing 175 MOTION to confirm restraining and attachment orders. Document filed by EM Ltd., NML Capital, Ltd..(djc)
September 11, 2008 Opinion or Order Filing 174 STIPULATED PROTECTIVE ORDER: Regarding procedures to be followed that shall govern the handling of confidential material. (Signed by Judge Thomas P. Griesa on 9/10/2008) (jfe)
August 21, 2008 Transmission of USCA Mandate/Order to the District Judge re: #173 USCA Mandate. (tp)
August 20, 2008 Filing 173 MANDATE of USCA (Certified Copy) as to 66 Notice of Appeal, filed by EM Ltd. USCA Case Number 05-1525-cv. It is Ordered, Adjudged and Decreed that the order of the District Court is AFFIRMED. Roseann B. MacKechnie, Clerk USCA. Issued As Mandate: 5/20/05. (tp)
June 12, 2008 Filing 172 TRANSCRIPT of proceedings held on 5/30/2008 before Judge Thomas P. Griesa. (wb)
May 19, 2008 Filing 171 TRANSCRIPT of proceedings held on 5/06/2008 before Judge Thomas P. Griesa. (ama)
May 19, 2008 Filing 170 TRANSCRIPT of proceedings held on 5/06/2008 before Judge Thomas P. Griesa. (ama)
March 31, 2008 Opinion or Order Filing 169 ORDER denying 96 Motion; denying 99 Motion. (Signed by Judge Thomas P. Griesa on 3/28/08) (cd)
March 14, 2008 Opinion or Order Filing 168 ORDER denying 117 Motion for Discovery. The court held a conference on November 29, 2006 to discuss the motion, and ruled that plaintiffs' motion for limited expedited discovery is denied without prejudice to a later application for discovery and without prejudice to a subsequent order by the court in the event it deems additional discovery necessary. (Signed by Judge Thomas P. Griesa on 3/14/08) Filed in associated civil case no. 03-cv-8845, 05-cv-2434, 06-cv-6646, 06cv.7742. (tro)
January 24, 2008 Transmission of USCA Mandate/Order to the District Judge re: #167 USCA Mandate Non-Dismissal,. (nd)
January 24, 2008 Filing 167 MANDATE of USCA (Certified Copy) USCA Case Number 05-8007. IT IS HEREBY ORDERED THAT the motion for Conditional Petition for Leave to Appeal Order is DENIED as moot as per the court's summery order dated 5/13/2005. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 1/22/2008. (nd)
January 18, 2008 Filing 166 Duplicate original TRANSCRIPT of proceedings held on 12/17/07 before Judge Thomas P. Griesa. (es)
January 18, 2008 Filing 165 TRANSCRIPT of proceedings held on 12/17/07 before Judge Thomas P. Griesa. (es)
December 14, 2007 Transmission of USCA Mandate/Order to the District Judge re: #164 USCA Mandate,. (tp)
December 14, 2007 Filing 164 MANDATE of USCA (Certified Copy) as to 89 Notice of Appeal, filed by EM Ltd. USCA Case Number 06-0403-cv. It is hereby Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 11/14/07. (tp)
November 13, 2007 Opinion or Order Filing 163 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Robert A. Cohen dated 10/29/07 re: Counsel for plaintiff NML Capital Ltd. write to advise the Court of the schedule agreed to among the parties, subject to approval by the Court, for submitting the supplemental briefs requested by the Court on the teleconference last Friday. The parties have agreed to simultaneous briefing, with the first round of briefs to be due on Wednesday, November 21 and the second to be due on Monday, December 10-a week before the hearing scheduled for Monday, December 17 at 10:00 a.m. ENDORSEMENT: Approved. So Ordered. (Signed by Judge Thomas P. Griesa on 11/9/07) (js)
November 8, 2007 Filing 162 TRANSCRIPT of proceedings held on 10/26/07 before Judge Thomas P. Griesa. (tro)
September 19, 2007 Opinion or Order Filing 159 STIPULATION AND ORDER TO EXTEND TIME FOR GARNISHEE TO SERVE REPLY PAPERS: It is hereby stipulated and agreed, by and between plaintiffs EM Ltd. and NML Capital Ltd., defendant The Republic of Argentina and garnishee Banco de la Nacion Argentina ("BNA"), through their undersigned counsel, that the time for BNA to submit reply papers in support of its Motion to Vacate Ex Parte Attachment and restraining Orders shall be extended from September 14, 2007 up to and including September 21, 2007. So Ordered (Signed by Judge Thomas P. Griesa on 9/17/07) (js)
June 19, 2007 Filing 154 NOTICE OF CHANGE OF ADDRESS by Peter R. Jerdee, Gregory P. Joseph on behalf of EM Ltd.. New Address: Gregory P. Joseph Law Offices, L.L.C., 485 Lexington Avenue, 30th Floor, New York, New York, 10017, (212) 407-1200. (db)
June 11, 2007 Filing 148 TRANSCRIPT of proceedings held on 5/1/2007 at 2:40 p.m. before Judge Thomas P. Griesa. (aba)
May 29, 2007 Filing 140 BOND # 0446826 in the amount of $ 100,000.00 posted by EM Ltd., NML Capital, Ltd.. (dt)
May 9, 2007 Opinion or Order Filing 139 ORDER for the reason sstated on the record at May 1, 2007 oral argument in the above captioned actions, plaintiffs' Motion for 30-Day's Notice of Debt or Securities Issuance (EM Ltd. v. Republic of Argentina, 03 Civ 2507 (TPG), Docket 130 and NML Capital, Ltd. v. Republic of Argentina, 03 Civ. 8845 (TPG), Docket No.88) are hereby denied. SO ORDERED. (Signed by Judge Thomas P. Griesa on 5/7/2007) (jmi)
April 17, 2007 Filing 138 SECOND DECLARATION of David M.Bigge in Support re: 130 MOTION.. Document filed by EM Ltd., NML Capital, Ltd.. (djc)
April 17, 2007 Filing 137 REPLY MEMORANDUM OF LAW in Support re: 130 MOTION.. Document filed by EM Ltd., NML Capital, Ltd.. (docmt received in night dep. on 4/17/07 at 7:56 p.m.) (djc)
April 16, 2007 Transmission of USCA Mandate/Order to the District Judge re: #136 USCA Order,. (nd)
April 16, 2007 Filing 136 TRUE COPY ORDER of USCA as to 89 Notice of Appeal, filed by EM Ltd. USCA Case Number 06-0626-mv, 06-0403-cv, 06-0405-cv, 06-0406-cv. Appellees, The Republic of Argentina, Banco Central de la Republica Argentina and Appellant, EM Ltd. stipulate to the fact that proceeding 06-0626-mv has been rendered moot by the Court's January 5, 2007 decision and may be withdrawn. Thomas Asreen, Acting Clerk USCA. Certified: 3/15/2007. (nd)
March 30, 2007 Filing 135 MEMORANDUM OF LAW in Opposition re: 130 MOTION for thirty days' notice of debt or securities issuance. Document filed by The Republic of Argentina. (mbe)
March 30, 2007 Filing 134 DECLARATION of Jorge Heilpern. Document filed by The Republic of Argentina. (mbe)
March 13, 2007 Filing 133 TRANSCRIPT of proceedings held on 2/2/07 before Judge Thomas P. Griesa. (jbe)
March 6, 2007 Filing 132 DECLARATION of David M. Bigge in Support re: 130 MOTION.. Document filed by EM Ltd., NML Capital, Ltd.. (jmi)
March 6, 2007 Filing 131 MEMORANDUM OF LAW in Support re: 130 MOTION.. Document filed by EM Ltd., NML Capital, Ltd.. (jmi)
March 6, 2007 Filing 130 MOTION for 30-Days' Notice of Debt or Securities Issuance. Document filed by EM Ltd., NML Capital, Ltd..(jmi)
March 1, 2007 CASHIERS OFFICE REMARK in the amount of $25.00, paid on 02/27/2007, Receipt Number 607319. PAYMENT PRO HAC VICE FOR WILLIAM M. JAY. (jd)
February 27, 2007 CASHIERS OFFICE REMARK in the amount of $25.00, paid on 2/27/07, Receipt Number 607319. (dle)
February 27, 2007 Filing 129 MOTION for William M. Jay to Appear Pro Hac Vice. Document filed by EM Ltd., NML Capital, Ltd..(dle)
December 5, 2006 Filing 128 DECLARATION of Ellen A. Hochberg in Support re: 125 Reply Memorandum of Law in Support. Document filed by EM Ltd., NML Capital, Ltd.. (jmi, )
December 5, 2006 Filing 127 DECLARATION of Julio Cesar Rivera. Document filed by EM Ltd., NML Capital, Ltd.. (jmi, )
December 5, 2006 Filing 126 REBUTTAL DECLARATION of Alex Cukierman, Ph.D.. Document filed by EM Ltd., NML Capital, Ltd.. (jmi, )
December 5, 2006 Filing 125 REPLY MEMORANDUM OF LAW in Support of Plaintiffs' Motion for Restraining Order and Pr-Judgment Attachment. Document filed by EM Ltd., NML Capital, Ltd.. (jmi, )
December 1, 2006 Opinion or Order Filing 124 ENDORSED LETTER addressed to Judge Griesa from Dennis H. Hranitzky dated 11/28/06 re: on behalf of Plaintiffs EM Ltd and NML Capital Ltd., counsel requests leave to file Plaintiffs' reply memorandum in support of their motion for restraining order and prejudgment attachment on Tuesday, December 5. Approved. (Signed by Judge Thomas P. Griesa on 11/28/06) (djc, )
November 20, 2006 Filing 121 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Dennis H Hranitzky dated 11/15/06 re: granting plaintiffs EM Ltd. and NML Capital Ltd. requests for leave to submit a reply memorandum of up to 16 pages in support of plaintiffs' motion for limited expedited discovery on Friday, 11/17. (Signed by Judge Thomas P. Griesa on 11/16/06) (pl, )
November 17, 2006 Filing 123 DECLARATION of Dennis Hranitzky in Support re: 122 Reply Memorandum of Law in Support of Motion. Document filed by EM Ltd., NML Capital, Ltd.. (cd, )
November 17, 2006 Filing 122 REPLY MEMORANDUM OF LAW in Support re: 117 MOTION for Discovery.. Document filed by EM Ltd., NML Capital, Ltd.. (cd, )
November 14, 2006 Filing 120 SUPPLEMENTAL DECLARATION of Laurent's Wiesel re; certain documents related to BCRA's Memorandum of Law in Opposition to Plaintiffs' Motion for expedited discovery dated 11/14/06. (pl, )
November 14, 2006 Filing 119 MEMORANDUM OF LAW in Opposition re: 117 MOTION for Discovery. Document filed by The Republic of Argentina. (pl, )
November 7, 2006 Filing 118 MEMORANDUM OF LAW in Support re: 117 MOTION for Discovery. Document filed by EM Ltd., NML Capital, Ltd.. (jmi, )
November 7, 2006 Filing 117 MOTION for Limited Expedited Discovery. Document filed by NML Capital, Ltd., EM Ltd.. (jmi, )
October 31, 2006 Filing 116 DECLARATIONS of of Juan Basco, Laura D'Amato, Carlos Gustavo Gerscovich and Ernest T. Patrikis. in Support. Document filed by The Republic of Argentina. (djc, )
October 31, 2006 Filing 115 DECLARATION of Laurent S. Wiesel. Document filed by The Republic of Argentina. (djc, )
October 31, 2006 Filing 114 MEMORANDUM OF LAW in Opposition to Plaintiffs' Motion for Execution and Pre-Judgment Attachment. Document filed by The Republic of Argentina. (djc, )
October 26, 2006 Filing 113 MEMORANDUM OF LAW in Opposition to Plaintiffs' motion for execution and pre-judgment attachment. Document filed by The Republic of Argentina. (djc, )
October 4, 2006 Filing 112 DECLARATION of Claudio D. Salas Supplementing the Previousuly Filed Alex Cukieran Declaration. Document filed by EM Ltd.. (jmi, )
September 28, 2006 Filing 111 DECLARATION of Dennis H. Hranitzky in Support of Plaintiffs' motion for execution or Restraining Notice and pre-judgment attachnent. Document filed by EM Ltd.. (jmi, )
September 28, 2006 Filing 110 NOTICE of Restraining and Pre-Judgement. Document filed by EM Ltd.. (jmi, )
September 28, 2006 Filing 109 DECLARATION of Robert A. Cohen in Support of Plaintiffs' ExParte motion for execution and prejudgment attachnent and execution. Document filed by EM Ltd.. (jmi, )
September 28, 2006 Filing 108 DECLARATION of Alex Cukierman, Ph.D.. Document filed by EM Ltd.. (jmi, )
September 28, 2006 Filing 107 MEMORANDUM OF LAW in Support of Plaintiffs' ExParte motion for execution and pre-judgment attachnent. Document filed by EM Ltd.. (jmi, )
September 28, 2006 Opinion or Order Filing 106 STIPULATION AND CONSENT ORDER; that the stay of the vacatur of the attachments and restraining notices pending appeal issued on 1/24/06, will continue pending further order of this Court with respect to the Attached property. Should this Court grant the Alter Ego Motion, the previous attachment shall continue to apply to the Attached Property. Should this Court deny the Alter Ego Motion, the Stay will cease, unless the Court orders otherwise provided, however, that the Stay will continue should the Appeal still be pending.The Central Bank and Argentina shall serve opposition to the Alter Ego Motion on or before 10/26/2006. Plaintiffs shall reply, if any, replies on or before 11/9/2006. (Signed by Judge Thomas P. Griesa on 9/28/06) (pl, )
June 30, 2006 Filing 105 REPLY MEMORANDUM OF LAW in Support re: 99 MOTION for an order confirming its right to take deposition duces tecum of third party Jose Maria Barrionuevo of Barclays Capital, Inc... Document filed by EM Ltd.. (djc, )
June 30, 2006 Filing 103 REPLY MEMORANDUM OF LAW in Support re: 96 MOTION confirming EM LTD's Right to Depose Argentine F inance Secretary Alfredo MacLaughlin.. Document filed by EM Ltd.. (djc, ) Modified on 7/5/2006 (djc, ).
June 30, 2006 Filing 104 DECLARATION of Jason R. Abel in Support re: 96 MOTION confirming EM LTD's Right to Depose Argentine F inance Secretary Alfredo MacLaughlin.. Document filed by EM Ltd.. (djc, )
June 21, 2006 Filing 102 CERTIFICATE OF SERVICE of Declaration of Michael J. Byars and Memo of Law in Opposition served on EM Ltd. on 6/20/2006. Service was accepted by Assisting managing clerk of said Firms. Document filed by The Republic of Argentina. (jar, )
June 21, 2006 Filing 101 MEMORANDUM OF LAW in Opposition re: 96 MOTION confirming EM LTD's Right to Depose Argentine F inance Secretary Alfredo MacLaughlin. 99 MOTION for an order confirming its right to take deposition duces tecum of third party Jose Maria Barrionuevo of Barclays Capital, Inc. Document filed by The Republic of Argentina. (jar, )
June 21, 2006 Filing 100 DECLARATION of Michael J. Byars in Opposition re: 96 MOTION confirming EM LTD's Right to Depose Argentine F inance Secretary Alfredo MacLaughlin. 99 MOTION for an order confirming its right to take deposition duces tecum of third party Jose Maria Barrionuevo of Barclays Capital, Inc. Document filed by The Republic of Argentina. (jar, )
May 31, 2006 Filing 99 MOTION for an order confirming its right to take deposition duces tecum of third party Jose Maria Barrionuevo of Barclays Capital, Inc. Document filed by EM Ltd.. (djc, )
May 30, 2006 Filing 98 DECLARATION of Dennis H. Hranitzky in Support re: 96 MOTION confirming EM LTD's Right to Depose Argentine Finance Secretary Alfredo MacLaughlin. Document filed by EM Ltd.. (djc, )
May 30, 2006 Filing 97 MEMORANDUM OF LAW in Support re: 96 MOTION confirming EM LTD's Right to Depose Argentine F inance Secretary Alfredo MacLaughlin.. Document filed by EM Ltd.. (djc, )
May 30, 2006 Filing 96 MOTION confirming EM LTD's Right to Depose Argentine Finance Secretary Alfredo MacLaughlin. Document filed by EM Ltd.. (djc, )
May 30, 2006 Filing 95 MEMORANDUM OF LAW in Support of its Motion for an Order Confirming its Right to take Discovery from Third parties Jose Maria Barrionuevo and Barclays Capital, Inc. Document filed by EM Ltd.. (djc, )
May 8, 2006 Filing 94 NOTICE OF APPEARANCE by Peter R. Jerdee on behalf of EM Ltd. (jco, )
May 8, 2006 Filing 93 NOTICE OF APPEARANCE by Gregory P. Joseph on behalf of EM Ltd. (jco, )
February 24, 2006 Filing 92 Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for 89 Notice of Appeal, filed by EM Ltd., USCA Case Number 06-0403-cv, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (nd, )
January 30, 2006 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 89 Notice of Appeal,. (nd, )
January 30, 2006 Transmission of Notice of Appeal to the District Judge re: 89 Notice of Appeal,. (nd, )
January 26, 2006 Filing 89 NOTICE OF APPEAL from court's order made on January 12, 2006, filed under seal and court's order, dated January 24, 2006, filed under seal. Document filed by EM Ltd. Filing fee $ 255.00, receipt number E 568563. Copies of Notice of Appeal mailed to Attorney(s) of Record: Cleary Gottlieb Steen & Hamilton, LLP and Sullivan & Cromwell LLP. (nd, )
January 25, 2006 Opinion or Order Filing 87 ORDER that the transcript in this matter dated January 6,2006, currently docketed as #84, shall be removed from the docket and placed under seal. (Signed by Judge Thomas P. Griesa on 1/23/2006) (jmi, )
January 9, 2006 Filing 83 Garnishee Credit Suisse First Boston LLC's Statement. (djc, )
May 25, 2005 Opinion or Order Filing 82 ORDER the stay is hereby vacated and dissolved. So Ordered. (Signed by Judge Thomas P. Griesa on 5/23/05) (jco, )
May 23, 2005 Filing 81 MEMORANDUM OF LAW in Opposition to dft's request to lift stay of vacatur of restraining notice and attachments. Document filed by EM Ltd.. (dle, )
May 23, 2005 Filing 80 DECLARATION of Ethan J. Leib in Support of plaintiffs' memorandum in opposition to dft's request to lift stay of vacatur of restraining notice and attachments. Document filed by EM Ltd.. (dle, )
May 16, 2005 Filing 79 DECLARATION of Federico Carlos Molina in Support of the Application by the Republic to dissolve the stay granted by the Court... Document filed by The Republic of Argentina. (mde, )
May 16, 2005 Filing 78 MEMORANDUM OF LAW Regarding Lifting of Stay of Vacatur of Attachment And Restraining Orders. Document filed by The Republic of Argentina. (mde, )
May 12, 2005 Filing 77 AFFIDAVIT OF SERVICE of Restraining Notice served on Banco De La Nacion Argentina on 5/4/05. Service was accepted by Robert H. Barrientos. Document filed by EM Ltd. (kw, )
April 8, 2005 Filing 76 MEMORANDUM OF LAW in support of motion of EM Ltd. for restraining notice and/or levy upon personal property. Document filed by EM Ltd.. (dle, )
April 8, 2005 Filing 75 DECLARATION of Dennis H., Hranitzky in support of EM Ltd's motion for restraining notice and/or levy upon personal property. Document filed by EM Ltd.. (dle, )
April 7, 2005 Opinion or Order Filing 73 CERTIFICATION ORDER That in the event the Court of Appeals concludes that this Court's order of 3/29/2005 is not otherwise appealable under 28 U.S.C. Section 1291 or 28 USC Section 1292(a), this Court finds that the criteria for appeal pursuant to 28 USC Section Section 1292(b) are met. Specifically, the Court finds that (a) an appeal of the order vacating the 3/28/2005 restraining notice ( the 'Order") (which vacatur this Court has stayed pending appeal) presents controlling questions of law on which there is a substantial ground for difference of opinion, and that (b) an immediate appeal from the Order would materially advance the ultimate termination of this litigation. The controlling question of law is whether the bonds that were subject of the 3/28/2005 restraining notice, or defendant's rights with respect to those bonds, are properly subject to such restraint. Resolution of this controlling question would materially advance the litigation. (Signed by Judge Thomas P. Griesa on 3/30/2005) (jsa, )
April 4, 2005 Filing 74 DECLARATION of Dennis H. Hrantizky in Support of Stipulation to Correct Record. Document filed by EM Ltd.(jco, )
April 4, 2005 Filing 72 STIPULATION TO Conform Record The papers attached to the accompanying declaration of Dennis H. Hranitzky on Support of Stipulation to conform record, dated 3/30/2005, should be docketed in the Court's file and included in the record that is assembled and forwarded to the Court of Appeals. (Signed by Judge Thomas P. Griesa on 4/1/2005) (jsa, )
April 4, 2005 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 66 Notice of Appeal,. (pr, )
April 4, 2005 Transmission of Notice of Appeal to the District Judge re: 66 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 foreseeable in the future that there will be, property in the 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 02cv3804, doc #39. (Signed by Judge Thomas P. Griesa on 3/29/05) (jco, )
March 31, 2005 Opinion or Order Filing 68 CERTIFICATION ORDER: in the event the Court of Appeals concludes that this Court's Order is not otherwise appealable under 28 YSC 1291 or 28 USC 1292(a), this Court finds that the criteria for appeal pursuant to 28 USC1292(b) are met as further set forth in said Order. (Signed by Judge Thomas P. Griesa on 3/30/05) (db, )
March 31, 2005 Filing 66 NOTICE OF APPEAL from the order reflected in the TRANSCRIPT of proceedings held on 3/29/05 before Judge Thomas P. Griesa (orig fld in 02-3804, doc #38). 67 Document filed by EM Ltd.. Filing fee $ 255.00, receipt number E 538810. Copies of Notice of Appeal mailed to Attorney(s) of Record: Cleary, Gottlieb, Steen & Hamilton, LLP. (pr, )
March 31, 2005 Filing 67 RESTRAINING NOTICE; that EML's motion for a Restraining Notice is granted in its entirety and that the amount to be secured by this Restraining Notice shall be $738,204,219, comprised of the amount of judgment, plus accrued post-judgment interest, plus fees and expenses of the United States Marshal. (Signed by Judge Thomas P. Griesa on 4/1/05) (sac, )
March 31, 2005 Filing 65 Attachment BOND #0379154 in the amount of $ 100,000 posted by EM Ltd.. (jf, )
March 29, 2005 Filing 71 CERTIFICATE OF SERVICE of Declaration of Amy Chung: Order to Show Cause; Affidavit of Christopher P. Moore; Declaration of Elizabeth DaSilva; Declaration of Federico Carlos Molina; Memorandum of Law; etc. served on Guillermo A. Gleizer; Law Office of Eric Grannis; Dennis H. Hranitzky; and Mark L. Kalish on 3/29/05. Service was made by hand. Document filed by The Republic of Argentina. (ae, )
March 29, 2005 Filing 70 DECLARATION of Amy Chung in Opposition to plaintiffs' applications for restraining orders and writs of execution. Document filed by The Republic of Argentina. (ae, )
March 29, 2005 Filing 69 MEMORANDUM OF LAW in Opposition Plaintiffs' Motions for Attachment, Execution and Restraining Orders. Document filed by The Republic of Argentina. (ae, )
January 26, 2005 Filing 64 NOTICE OF CHANGE OF FIRM NAME AND LEGAL STATUS. Document filed by The Republic of Argentina. (sac, )
September 30, 2004 Opinion or Order Filing 63 ORDER on 12/12/03, defendant Republic filed a motion seeking an order to preclude plaintiffs form interfering with payments to other creditors. This Court has addressed the December 12 motion at oral argument held on 1/15/04. The parties will abide by the directions by the Court at that time. So Ordered. (Signed by Judge Thomas P. Griesa on 9/30/04) (jco, )
September 30, 2004 Transmission of USCA Mandate/Order to the District Judge re: 62 USCA Mandate. (tp, )
September 30, 2004 Filing 62 MANDATE of USCA (Certified Copy) as to 45 Notice of Appeal filed by The Republic of Argentina USCA Case Number 03-9275. It is Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED. Roseann B. MacKechnie, Clerk USCA. Issued As Mandate: 9/21/04. (tp, )
September 15, 2004 Opinion or Order Filing 61 ORDER; on 11/12/3, plaintiff Allen Applestein file a motion seeking an order adopting its proposed discovery schedule. On 12/16/03, plaintiffs filed a motion seeking an order overruling certain objections to plaintiffs' discovery requests. Plaintiffs filed an amended notice of motion on 12/18/03, correcting various errors in the 12/16 notice of motion. This court has held various conferences addressing the discovery that this the basis of the 11/12 and 12/16 motions. The parties will abide by the directions given by the court at these conferences. (Signed by Judge Thomas P. Griesa on 9/13/04) (sac, )
April 29, 2004 Filing 60 RESPONSE to Plntf's Letter Concerning Discovery. Document filed by The Republic of Argentina. (cd, )
March 9, 2004 Filing 59 Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for 45 Notice of Appeal filed by The Republic of Argentina USCA Case Number 03-9275, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (dt, )
March 9, 2004 Opinion or Order Filing 58 STIPULATION AND ORDER, The Republic of Aregntina, by its attorneys, Cleary, Gottlieb, Steen & Hamilton, and EM Ltd. by it attorneys, Debevoise & Plimpton, LLP, hereby Stipulate and agree as follows: Whereas the Republic of Argentina has appealed the judgment awarded to EM Ltd. in this action, and seeks to enable the Clerk of this Court to assemble and foward the record; and Whereas the parties are still engaged in post-judgment motion practice in this Court, and desire to designate a part of the record to be retained in this Court; and Whereas the parties have learned that certain papers previously submitted to the Court have not been docketed or have been docketed but are missing from the Court's file; Now therefore in consideration of the folowing: 1. All peadings in the record dated after the Court's Amended Final Judgment of October 27, 2003 shall be retained in this Court subject to call by the Court of Appeals or request by a party, pursuant to Fed. R. App. P. 11(f); and 2. The following papers, a copy of which shall be provided by the Republic of Argentina from its files, shold be docketed in this Court's filed and included in the record that is assembled and forwarded to the Court of Appeal, without prejudice to future action by the parties to add previously submitted documents to the record to be forwarded to the Court of Appeal or for any other purpose. So Ordered: (Signed by Judge Thomas P. Griesa on 3/9/04) (dt, )
February 19, 2004 USCA Scheduling Order as to 45 Notice of Appeal filed by The Republic of Argentina USCA Case Number 03-9275. Roseann B. MacKechnie, Clerk USCA. Certified: 2/9/04. Appeal Record due by 3/9/2004. Appellant Brief due by 3/16/2004. Appellee Brief due by 4/15/2004. (dt, )
January 30, 2004 Letter addressed to Judge Thomas P. Griesa from Kevin Reed dated 1/14/04 re: counsel for NML requests that the court permit NML to participate in the proceedings and defer further briefing and argument on the motion until after appropriate documents and deposition discovery on pari passu-related issues is conducted. Original document filed in case #02cv5932, document #43.(dle, )
January 26, 2004 Filing 56 NOTICE of registration as LLP. Document filed by EM Ltd. (yv, )
January 14, 2004 DECLARATION of Jeannette A. Vargas re: STATEMENT of INTEREST of the United States. Original filed in 02cv5932 document #42. (tr, )
January 14, 2004 AFFIDAVIT of Aram A. Schvey in Further Support re: MOTION to Preclude.. Document filed by The Republic of Argentina. Original filed in 03cv2507 document # 41.(tr, )
January 14, 2004 REPLY MEMORANDUM OF LAW in Support re: MOTION to Preclude.. Document filed by The Republic of Argentina. Original filed in 02cv5932 document #40.(tr, )
January 13, 2004 STATEMENT of INTEREST of the United States. (df, )
January 13, 2004 Filing 55 REPLY DECLARATION/AFFIDAVIT of Dennis H. Hranitzky in Further Support re: MOTION for an order overruling certain objections to plaintiffs' discovery requests. Document filed by EM Ltd. (djc, )
January 13, 2004 Filing 54 REPLY MEMORANDUM OF LAW in Further Support re: MOTION for an order overruling certain objections to plaintiffs' discovery requests. Document filed by EM Ltd. (djc, )
January 13, 2004 Filing 53 REPLY MEMORANDUM OF LAW in Support re: 46 MOTION for Protective Order.. Document filed by The Republic of Argentina. (cd, )
January 12, 2004 MEMORANDUM OF LAW of Amicus Curiae in Support re: MOTION to Preclude. Document filed by Federal Reserve Bank of New York. Received in night deposit box on 1/12/04 at 5:13 p.m. Original entry in 02cv5932 document number 37. (yv, )
January 9, 2004 Filing 52 NOTICE of of Settlement of Judgt. Document filed by EM Ltd.. (pa, )
January 6, 2004 Filing 51 DECLARATION of Dennis H. Hranitzky in Support re: 46 MOTION for Protective Order. (jco, )
January 6, 2004 Filing 50 MEMORANDUM OF LAW in Opposition re: 46 MOTION for Protective Order. Document filed by EM Ltd. (jco, )
January 6, 2004 MEMORANDUM OF LAW in Opposition re: MOTION Amended Joint plaintiffs' motion for an order overruling certain objections of defendants the Rupublic of Argentina.. Document filed by The Republic of Argentina. (orig. docmt dkte in case no. 02 cv 1773, docmt #57 (djc, )
January 5, 2004 Filing 49 DECLARATION of Dennis H. Hranitzky in Support of pltffs memo of law in opposition to defts motion to preclude pltff judgt creditors from interfering with payments to other creditors. (NDB) Document filed by EM Ltd.. (pa, )
January 5, 2004 Filing 48 MEMORANDUM OF LAW in Opposition re: MOTION to Preclude.(NDB) Document filed by EM Ltd.. (pa, )
December 19, 2003 Filing 47 MEMORANDUM OF LAW in Support re: 46 MOTION for Protective Order.. Document filed by The Republic of Argentina. (cd, )
December 19, 2003 Filing 46 MOTION for Protective Order purs to FRCP 26(c). Document filed by The Republic of Argentina. Return Date set for 1/15/2004 04:00 PM before Judge Thomas P. Griesa. (cd, )
December 18, 2003 Amended Joint plaintiffs' motion for an order overruling certain objections of defendants the Rupublic of Argentina. Document filed by EM Ltd. Return Date set for 1/6/2004 before Judge Thomas P. Griesa. (Orig. entry is docketed in 02 civ. 1773 as doc. #55). (kw, ) Modified on 1/7/2004 (kw, ). Modified on 1/7/2004 (kw, ).
December 16, 2003 DECLARATION of Dennis H. Hkranitzky in Support re: MOTION for an order overruling certain objections to plaintiffs' discovery requests.. Document filed by EM Ltd.. (See original document filed in 02cv1773 doc. #53. Received in the Night Deposit Box on 12/16/03 at 6:54PM.)(tr, )
December 16, 2003 MEMORANDUM OF LAW in Support re: MOTION for an order overruling certain objections to plaintiffs' discovery requests.. Document filed by EM Ltd.. (See original document filed in 02cv1773 doc. #52. Received in the Night Deposit Box on 12/16/03 at 6:54PM.)(tr, )
December 16, 2003 PLAINTIFFS' JOINT MOTION for an order overruling certain objections to plaintiffs' discovery requests. Document filed by EM Ltd.. Return Date set for 1/6/2004 before Judge Thomas P. Griesa. (See original document filed in 02cv1773 doc. #51. Received in the Night Deposit Box on 12/16/03 at 6:53PM.)(tr, )
December 16, 2003 Opinion or Order ENDORSED LETTER addressed to Carmine Boccuzzi, Jr., Esq. from Debevoise & Plimpton dated 12/12/2003; approving counsel's revised schedule as follows: with respect to plaintiffs' joint motion for an order overruling certain objections to plaintiffs' discovery requests, plaintiffs' motion and memorandum of law is now due on 12/16/2003. Plaintiffs shall serve any reply in support of their motion within 5 business days of service of defendants' opposition... (Signed by Judge Thomas P. Griesa on 12/15/2003) Original document filed under case no. 02cv1773 (TPG), doc. #50.(kkc, )
December 15, 2003 Opinion or Order PROTECTIVE ORDER; regarding procedures to be followed that shall govern the handling of confidential material. Original document filed under case number 02-cv-5932, document number 28. (Signed by Judge Thomas P. Griesa on 12/12/03) (Pecorino, Joseph)
December 12, 2003 COMPENDIUM of Authorities in support of the Republic of Argentina's motion pursuant to CPLR 5240 to preclude plaintiff judgment creditors from interfering with payments to other creditors. Document filed by The Republic of Argentina.(sac, )
December 12, 2003 MEMORANDUM OF LAW in Support re: MOTION to Preclude. Document filed by The Republic of Argentina. Original Document filed in 02 Civ. 5932, Doc#30. (sac, )
December 12, 2003 MOTION, for an order, pursuant to Civil Practice Law and Rules 5240 for an order to preclude plaintiffs for interfering withpayments to other creditors. Document filed by Argentina Republic. Return Date set for 1/15/2004 04:00 PM before JudgeThomas P. Griesa. Received in the night deposit box on 12/12/03 at 6:08 P.M Document filed by The Republic of Argentina. Original document filed in 02cv5932, Doc#29. (sac, )
December 11, 2003 TRANSCRIPT of proceedings held on 10/31/03 before Judge Thomas P. Griesa.ORIGINAL DOCUMENT # 27 FILED IN 02CV-3804(pr, )
November 30, 2003 Transmission of Notice of Appeal to the District Judge re: 45 Notice of Appeal. (dt, )
November 30, 2003 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 45 Notice of Appeal. (dt, )
November 25, 2003 Filing 45 NOTICE OF APPEAL from 38 Amended Judgment,,,,. Document filed by The Republic of Argentina. Filing fee $ 255, receipt number E922280. Copies of Notice of Appeal mailed to Attorney(s) of Record: David W. Rivkin, Esq.. (dt, )
November 5, 2003 Transcript of record of proceedings before Judge Thomas P. Griesa for the date(s) of 9/16/03. Docketed in case # 02cv1733, Doc.#47. (df)
November 4, 2003 Filing 44 RESPONSE by EM Ltd. Re: [34-1] motion for an Order pursuan tto FRCP 59(e) and 60(a), altering or amending the judgment entered by the Clerk and providing for the settlement of a judgment calculating principal and accrued interest (jco)
October 30, 2003 Filing 43 Letter filed by EM Ltd. addressed to Judge Griesa from Dennis H. Hranitzky, dated 10/14/03, re: response to 10/10/03 letter. (db)
October 30, 2003 Opinion or Order Filing 42 STIPULATION and ORDER, EML submit its briefs setting forth its position on the appropriateness of the Proposed Notice Order on or before 11/10/03 ; Thr Republic shall submit its brief in response on or before 11/24/03 . ( signed by Judge Thomas P. Griesa ) (tp)
October 27, 2003 Filing 41 DECLARATION of Dennis H. Hranitzky by EM Ltd. in support Re: [39-1] motion for an order permitting EML to begiin execution on the final judgment entered for it in this lawsuit on November 6, 2003. (docmt received in night dep. on 10/27/03 at 8:21 p.m.) (djc)
October 27, 2003 Filing 40 MEMORANDUM OF LAW by EM Ltd. in support of [39-1] motion for an order permitting EML to begiin execution on the final judgment entered for it in this lawsuit on November 6, 2003 (docmt receivedin night dep. on 10/27/03 at 8:21 p.m.) (djc)
October 27, 2003 Filing 39 NOTICE OF MOTION by EM Ltd. for an order permitting EML to begiin execution on the final judgment entered for it in this lawsuit on November 6, 2003 ; Return Date not indicated; (docmt received in night dep. on 10/27/03 at 8:20 p.m.) (djc)
October 27, 2003 Opinion or Order Filing 38 AMENDED FINAL JUDGMENT #03,1948 amends: [33-1] judgment order, that plaintiff EM Ltd. recover from defendant The Republic of Argentina the sum of (a) $595,396,345.00, plus (b) prejudgment interest thereon at the rate of 10% per annum from 9/19/01 until the date of this Amended Final Judgment totaling $125,114,793.73, plus (c) prejudgment interest at the rate of 9% per annum on the defaulted $29,769,917.25 interest payment that came due 3/19/02 totaling $4,290,523.83. Plaintiff EM Ltd. shall recover from defendant, The Republic of Argentina, the total sum of $724,801,662.56. Until further notice from the Court, that plaintiff EM Ltd. 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. Execution on the judgment is stayed until 10/31/03. ( signed by Judge Thomas P. Griesa ); Mailed copies and of right to appeal Entered On Docket: 10/27/03. (tp)
October 14, 2003 Filing 37 Memo endorsed on copy of motion; for John B. Missing to appear pro hac vice subject to payment of fee to Clerk . ( signed by Judge Thomas P. Griesa ); (kw)
October 2, 2003 CASHIER'S OFFICE REMARK on printout of text [31-1] motion for John B. Missing to appear pro hac vice for plntf in the amount of $25.00 paid on 10/2/03 Receipt # 487133. (djc)
October 2, 2003 Filing 36 AMENDED OPINION #89044; that the Opinion of 9/12/03 is corrected as follows. The reference to "3/19/01" is corrected to read" 3/19/02 . ( signed by Judge Thomas P. Griesa ); (pl)
September 30, 2003 Filing 35 MEMORANDUM OF LAW by Rep. of Argentina in support of [34-1] motion for an Order pursuan tto FRCP 59(e) and 60(a), altering or amending the judgment entered by the Clerk and providing for the settlement of a judgment calculating principal and accrued interest. (tp)
September 30, 2003 Filing 34 NOTICE OF MOTION by Rep. of Argentina, for an Order pursuan tto FRCP 59(e) and 60(a), altering or amending the judgment entered by the Clerk and providing for the settlement of a judgment calculating principal and accrued interest . Return Date not indicated. Affidavit of Carmine D. Boccuzzi along with Exhibit A are attached. (tp)
September 22, 2003 Opinion or Order Filing 57 ORDER; For the reasons stated by the Cout on the record on 9/15/03, execution, including discovery in aid of execution, on any judgment to be entered in this action is stayed through 10/31/03. (Signed by Judge Thomas P. Griesa on 9/19/03) (jco, )
September 19, 2003 Case closed. (pl)
September 19, 2003 Filing 33 JUDGMENT #03,1948; that for the reasons stated in the Court's Opinion (89044) dated September 12, 2003, plaintiff's motion for summary judgment is granted; judgment is entered for the par value of the bonds in the amount of AR$595,396,345 payable in U.S. dollars, plus accrued interest, at the rate of one U.S. dollar for one Argentine peso, and defendant's motion for a stay of proceedings is denied, except that execution on EML's judgment is stayed until midnight September 16, 2003. (signed by J. Michael McMahon, Clerk of Court); Mailed copies and notice of right to appeal. Entered On Docket: 9/23/03. (pl) Modified on 10/06/2003
September 17, 2003 Filing 32 Memo endorsed on copy of motion; granting [31-1] motion for John B. Missing to appear pro hac vice for plntf. ( signed by Thomas P. Griesa ); fowarded this document to the Attorney Admissions Clerk. (pl)
September 15, 2003 PRETRIAL CONFERENCE held before Judge Thomas P. Griesa. Contested Issue. (sac)
September 12, 2003 Filing 31 NOTICE OF MOTION by EM Ltd. for John B. Missing to appear pro hac vice for plntf ; Return Date not indicated (cd)
September 12, 2003 Opinion or Order Filing 30 MEMORANDUM OPINION # 89044, granting [7-1] motion for an order granting summary judgment pursuant to Rule 56(a) of the FRCP on its claim against the Republic of Argentina. Judgment will be entered for the par value of the bonds payable in U.S. dollars, plus accrued interest, at the rate of one U.S. dollar for one Argentine peso; denying [14-1] motion for an order staying this proceeding, except that execution on EML's judgment is stayed until midnight 9/16/03. A hearing will be held on 9/15/03, regarding whether additional stays should be granted in this and other cases. ( signed by Judge Thomas P. Griesa ) (sb) Modified on 09/17/2003
August 6, 2003 Filing 27 DECLARATION of Kenneth Johns by EM Ltd. in support Re: [7-1] motion for an order granting summary judgmentpursuant to Rule 56(a) of the FRCP on its claim against the Republic of Argentina . (cd)
August 6, 2003 Filing 26 REPLY MEMORANDUM by EM Ltd. re: [7-1] motion for an order granting summary judgmentpursuant to Rule 56(a) of the FRCP on its claim against the Republic of Argentina . (cd)
August 6, 2003 Filing 25 REPLY AFFIDAVIT of Dennis Hranitzky by EM Ltd. in support re: [7-1] motion for an order granting summary judgmentpursuant to Rule 56(a) of the FRCP on its claim against the Republic of Argentina . (cd)
August 6, 2003 Filing 24 REPLY AFFIDAVIT of Giancarlo Capolino by EM Ltd. in opposition re: [14-1] motion for an order staying this proceeding . (cd)
August 6, 2003 Filing 23 DECLARATION of Sharon Cornwell by EM Ltd. in opposition Re: [14-1] motion for an order staying this proceeding . (cd)
August 6, 2003 Filing 22 MEMORANDUM OF LAW by EM Ltd. in opposition to [14-1] motion for an order staying this proceeding . (cd)
August 5, 2003 Filing 29 REPLY DECLARATION of Noemi C. LaGreca by Rep. of Argentina in further support of [14-1] motion for an order staying this proceeding. (db)
August 5, 2003 Filing 28 REPLY MEMORANDUM by Rep. of Argentina in further support of [14-1] motion for an order staying this proceeding . (db)
July 30, 2003 Filing 21 Memo-Endorsement on letter addressed to Judge Griesa from Dennis H. Hranitzky, dated 7/14/03; granting plaintiffs request for leave to addition ten pages for their brief to defendants opposition to EML's summary judgment motion . ( signed by Judge Thomas P. Griesa ); (pl)
July 15, 2003 Filing 20 DECLARATION of Giancarlo Capolino Perlingieri by EM Ltd. in opposition to [14-1] motion for an order staying this proceeding. (sb)
June 27, 2003 Filing 19 Memo-Endorsement on letter addressed to Judge Griesa from Dennis H. Hranitzky, dated 6/16/03. counsel for plaintiff requests entry of the following agreed-upon schedule for briefing of plaintiff EM Ltd.'s motion for summary judgment and defendant the Republic of Argentina's motion to stay the proceeding: Plaintiff EM Ltd. has until 7/14/03 to file its reply in support of its motion for summary judgment and its opposition to defendant the Republic of Argentina's motion to stay the proceeding. Defendant the Republic of Argentina has until 8/4/03 to file its reply in support of its motion to stay the proceeding. Application granted . ( signed by Jed S. Rakoff ); (yv)
June 13, 2003 Filing 18 AFFIDAVIT of Carmine D. Boccuzzi by Rep. of Argentina in support of [14-1] motion for an order staying this proceeding and in opposition to pliantiff's motion for summary judgment (dle)
June 13, 2003 Filing 17 DECLARATION of C. Ferdinando Emanuele by Rep. of Argentina in opposition Re: [7-1] motion for an order granting summary judgmentpursuant to Rule 56(a) of the FRCP on its claim against the Republic of Argentina and in support of the Republic's motion to stay this action. (dle)
June 13, 2003 Filing 16 ANSWER to Complaint by Rep. of Argentina (Attorney Jonathan I. Blackman from the Firm: Cleary, Gottlieb, Steen &) . (dle)
June 13, 2003 Filing 15 MEMORANDUM OF LAW by Rep. of Argentina in support of [14-1] motion for an order staying this proceeding . (dle)
June 13, 2003 Filing 14 NOTICE OF MOTION by Rep. of Argentina for an order staying this proceeding . Return Date not indicated. (dle)
June 9, 2003 Filing 13 SECOND DECLARATION of Dennis H. Hranitzky by EM Ltd. in support of [7-1] motion for an order granting summary judgment pursuant to Rule 56(a) of the FRCP on its claim against the Republic of Argentina. (sb)
May 12, 2003 Filing 10 DECLARATION of Giancarlo Capolino Perlingieri by EM Ltd. in support Re: [7-1] motion for an order granting summary judgmentpursuant to Rule 56(a) of the FRCP on its claim against the Republic of Argentina . (laq)
May 6, 2003 Filing 5 DECLARATION of Mark Vandevelde by EM Ltd. in support of Mark Vandevelde in support of EM Ltd.'s motion for summary judgment (dle)
May 5, 2003 Filing 12 DECLARATION of Dennis H. Hranitzky by EM Ltd. in support Re: [7-1] motion for an order granting summary judgmentpursuant to Rule 56(a) of the FRCP on its claim against the Republic of Argentina . (laq)
May 5, 2003 Filing 11 DECLARATION of Mark Vandevelde by EM Ltd. in support Re: [7-1] motion for an order granting summary judgmentpursuant to Rule 56(a) of the FRCP on its claim against the Republic of Argentina . (laq)
May 5, 2003 Filing 9 MEMORANDUM OF LAW by EM Ltd. in support of [7-1] motion for an order granting summary judgmentpursuant to Rule 56(a) of the FRCP on its claim against the Republic of Argentina . (laq)
May 5, 2003 Filing 8 RULE 56.1 STATEMENT filed by EM Ltd. (laq)
May 5, 2003 Filing 7 NOTICE OF MOTION by EM Ltd. for an order granting summary judgmentpursuant to Rule 56(a) of the FRCP on its claim against the Republic of Argentina . Return Date not indicated. (laq)
May 5, 2003 Filing 4 DECLARATION of Giancarlo Capolino Perlingieri by EM Ltd. in support of plaintiff EM Ltd.'s motion for summary judgment. (dle)
April 25, 2003 Magistrate Judge Gabriel W. Gorenstein is so designated. (gf)
April 25, 2003 Filing 6 Notice of Case assignment to Judge Thomas P. Griesa . Copy of notice and judge's rules mailed to Attorney(s) of record: Dennis H. Hranitzky, David W. Rivkin . (gf)
April 25, 2003 Case accepted as related to 1:02cv1773 . Notice of assignment to follow. (gf)
April 11, 2003 Filing 3 RETURN OF SERVICE of summons and complaint executed as to Rep. of Argentina by Maria Soto on 4/10/03 . Answer due on 4/30/03 for Rep. of Argentina . (sb)
April 10, 2003 Filing 2 RULE 7.1 CERTIFICATE filed by EM Ltd. . (jol)
April 10, 2003 CASE REFERRED TO Judge Thomas P. Griesa as possibly related 1:02cv1773. (jol)
April 10, 2003 Filing 1 COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). FILING FEE $ 150.00 RECEIPT # 470069. (jol)

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Search for this case: EM Ltd. v. Rep. of Argentina
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Plaintiff: NML Capital, Ltd.
Represented By: Dennis H. Hranitzky
Represented By: Robert A. Cohen
Represented By: William Mcginley Jay
Represented By: David W. Rivkin
Represented By: Charles I. Poret
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Plaintiff: EM Ltd.
Represented By: Dennis H. Hranitzky
Represented By: Peter R. Jerdee
Represented By: Robert A. Cohen
Represented By: Suzanne Michelle Grosso
Represented By: Gregory P. Joseph
Represented By: David W. Rivkin
Represented By: Charles I. Poret
Represented By: Charles Platto
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Appellant: Profesion+Auge AFJP S.A.
Represented By: Robert Edward Grossman
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Appellant: Unidos S.A. AFJP
Represented By: Robert Edward Grossman
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Appellant: Futura AFJP S.A.
Represented By: Robert Edward Grossman
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Appellant: Origenes AFJP S.A.
Represented By: Robert Edward Grossman
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Appellant: Administracion Nacional de Seguridad Social
Represented By: Lauren Emily Aguiar
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Appellant: Union de Administradoras de Fondos De Jubilaciones Y Pensiones
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Appellant: Maxima AFJP S.A.
Represented By: Robert Edward Grossman
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Appellant: Arauca Bit AFJP S.A.
Represented By: Robert Edward Grossman
Represented By: Oliver J. Armas
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Appellant: Consolidar AFJP S.A.
Represented By: Robert Edward Grossman
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Appellant: Met AFJP S.A.
Represented By: Robert Edward Grossman
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Petitioner: Banco De La Nacion Argentina
Represented By: Mark Stephen Sullivan
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Petitioner: Citibank, N.A.
Represented By: Lindsey Taylor Knapp
Represented By: James Loran Kerr
Represented By: Benedict John Schweigert
Represented By: Edmund Polubinski, III
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Interested party: Banco Central de la Republica Argentina
Represented By: Joseph Emanuel Neuhaus
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Interested party: Jaime Caruana
Represented By: Edward David Sherwin
Represented By: James Loran Kerr
Represented By: Jennifer Gillian Newstead
Represented By: Karen E Wagner
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Interested party: Bank for International Settlements
Represented By: Edward David Sherwin
Represented By: James Loran Kerr
Represented By: Jennifer Gillian Newstead
Represented By: Karen E Wagner
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Defendant: The Republic of Argentina
Represented By: Michael A Paskin
Represented By: Daniel Slifkin
Represented By: Christopher P. Moore
Represented By: Damaris Hernandez
Represented By: Jonathan I. Blackman
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